[Senate Hearing 111-334]
[From the U.S. Government Publishing Office]
S. Hrg. 111-334
NOMINATIONS TO NASA, THE NATIONAL
TRANSPORTATION SAFETY BOARD, THE
FEDERAL MARITIME COMMISSION, AND
THE DEPARTMENT OF TRANSPORTATION
=======================================================================
HEARING
before the
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED ELEVENTH CONGRESS
FIRST SESSION
__________
JULY 8, 2009
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
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0SENATE 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, Chief of Staff
James Reid, Deputy Chief of Staff
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 8, 2009..................................... 1
Statement of Senator Rockefeller................................. 1
Statement of Senator DeMint...................................... 6
Prepared statement........................................... 6
Statement of Senator Hutchison................................... 8
Prepared statement........................................... 9
Statement of Senator Nelson...................................... 10
Statement of Senator Udall....................................... 49
Statement of Senator Lautenberg.................................. 78
Witnesses
Hon. Barbara A. Mikulski, U.S. Senator from Maryland............. 2
Hon. Charles E. Schumer, U.S. Senator from New York.............. 3
Prepared statement........................................... 4
Hon. Lindsey Graham, U.S. Senator from South Carolina............ 5
Hon. Edward G. Rendell, Governor of Pennsylvania................. 6
Hon. James E. Clyburn, U.S. Representative from South Carolina... 12
Hon. Sheila Jackson Lee, U.S. Representative from Texas.......... 12
Prepared statement........................................... 14
General Charles F. Bolden, Jr., Administrator-Designate, NASA.... 17
Prepared statement........................................... 19
Biographical information..................................... 21
Lori B. Garver, Deputy Administrator-Designate, NASA............. 32
Prepared statement........................................... 33
Biographical information..................................... 35
Hon. Deborah A.P. Hersman, Chairman-Designate, National
Transportation Safety Board.................................... 50
Prepared statement........................................... 52
Biographical information..................................... 53
Richard A. Lidinsky, Jr., Commissioner-Designate, Federal
Maritime Commission............................................ 59
Prepared statement........................................... 61
Biographical information..................................... 61
Polly Trottenberg, Assistant Secretary-Designate, United States
Department of Transportation................................... 67
Prepared statement........................................... 68
Biographical information..................................... 69
Appendix
Statement of Hon. John D. Rockefeller IV......................... 83
Letter, dated June 30, 2009 to Hon. John D. Rockefeller IV,
Chairman, Senate Commerce, Science, and Transportation
Committee from Vivian S. Chu, Legislative Attorney--
Congressional Research Service................................. 89
Hon. Barbara Boxer, U.S. Senator from California, prepared
statement...................................................... 91
Letter, dated July 6, 2009 to Hon. John D. Rockefeller IV from
Alan Korn, Executive Director--Safe Kids USA................... 91
Letter, dated June 16, 2009 to Hon. John D. Rockefeller IV and
Hon. Kay Bailey Hutchison from Jim Bell, President and Louis
Friedman, Executive Director--The Planetay Society............. 92
Letter, dated July 7, 2009 to Hon. John Rockefeller and Hon. Kay
Bailey Hutchison from Jill Ingrassia, Managing Director--
Government Relations and Traffic Safety Advocacy; AAA.......... 93
Letter, dated June 12, 2009 to Hon. John D. Rockefeller IV from
John Horsley, Executive Director--American Association of State
Highway and Transportation Officials........................... 94
Letter, dated June 10, 2009 to Hon. John D. Rockefeller IV from
Edward P. Faberman, Executive Director--Air Carrier Association
of America..................................................... 94
Letter, dated July 7, 2009 to Hon. Jay Rockefeller and Hon. Kay
Bailey Hutchison from D. Wayne Klotz, P.E., D.WRE, President--
American Society of Civil Engineers............................ 95
Response to written questions submitted by Hon. Kay Bailey
Hutchison to Richard Lidinsky.................................. 95
Response to written questions submitted to Polly Trottenberg by:
Hon. John D. Rockefeller IV.................................. 96
Hon. Tom Udall............................................... 97
Hon. Kay Bailey Hutchison.................................... 99
Hon. John Thune.............................................. 100
Response to written questions submitted to Hon. Deborah A.P.
Hersman by:
Hon. John D. Rockefeller IV.................................. 100
Hon. Mark Warner............................................. 103
Hon. Tom Udall............................................... 104
Hon. Kay Bailey Hutchison.................................... 105
Hon. John Thune.............................................. 106
Response to written questions submitted to General Charles F.
Bolden, Jr. and Lori B. Garver by:
Hon. John D. Rockefeller IV.................................. 107
Hon. Tom Udall............................................... 109
Hon. Mark Warner............................................. 111
Response to written question submitted to General Charles F.
Bolden, Jr. by:
Hon. Kay Bailey Hutchison.................................... 112
Hon. John Thune.............................................. 113
Hon. Roger Wicker............................................ 113
Hon. David Vitter............................................ 113
Response to written question submitted to Lori B. Garver by:
Hon. Kay Bailey Hutchison.................................... 115
Hon. John Thune.............................................. 116
Hon. David Vitter............................................ 116
NOMINATIONS TO NASA, THE NATIONAL
TRANSPORTATION SAFETY BOARD, THE
FEDERAL MARITIME COMMISSION AND
THE DEPARTMENT OF TRANSPORTATION
----------
WEDNESDAY, JULY 8, 2009
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 2 p.m. in room
SR-253, Russell Senate Office Building, Hon. John D.
Rockefeller IV, presiding.
OPENING STATEMENT OF HON. JOHN D. ROCKEFELLER IV,
U.S. SENATOR FROM WEST VIRGINIA
The Chairman. There will be order, please. We have business
to conduct. We have business to conduct, I would appreciate it
if those----
Voice. Tell Governor Rendell to stop talking.
The Chairman. Yes.
Voice. He's still shaking hands.
The Chairman. Governor Rendell, you have already been re-
elected.
Ladies and gentlemen, I would respectfully ask for order.
Now that Senator Schumer seems to be calm, everybody else has
calmed down with him.
Our first panel, incidentally--if I could get silence.
Would you do that? If we could have silence and somebody close
the door, your job is to close the door.
Thank you, that is fine, pictures are silent.
Our first two witnesses--we have to be a little bit tricky
here this afternoon--are Charles Bolden, to be the
Administrator of NASA, and Lori Garver, to be the Deputy
Administrator of NASA. And I have a long list of people who
want to speak on their behalf. Some of those people have to
leave rather quickly, so this will not be--this is interesting,
Senator Schumer says he needs to speak right away.
Senator Mikulski. I----
Senator Schumer. I refer to my senior----
The Chairman. Never have I seen, Governor Rendell, such
calamity in this Committee before.
Mr. Rendell. You are right.
The Chairman. You can all three, talk at once if you want.
Senator Mikulski. We do anyway.
The Chairman. You go ahead, Senator Mikulski.
STATEMENT OF HON. BARBARA A. MIKULSKI,
U.S. SENATOR FROM MARYLAND
Senator Mikulski. Mr. Chairman and Members of the
Committee, I am actually here to speak for Rick Lidinsky to be
with the Federal Maritime Commission.
I am actually here in favor of every one of your nominees,
as someone who is the appropriator for the Commerce Justice
Science Department, the appropriator for NASA, I am an
enthusiastic supporter of Charles Bolden and Lori Garver, who I
think bring a great deal of expertise as they had at NASA.
I am also for Deborah Hersman, the Chair of the NTSB Board,
who is already on the job and working accidents like Metro, who
brings a great deal of experience.
I do not know Polly Trottenberg, but I know I am really
happy for her too.
The Chairman. She will. Yes, she will.
[Laughter.]
Senator Mikulski. Today, it is really with enthusiasm that
I come with Rick Lidinsky. Mr. Lidinsky brings a spirit of
community service; he has worked in public service and in the
private sector. His father worked for the City of Baltimore and
was a deputy controller, and I was one of his mentees when I
was on the Baltimore City Counsel.
What is so great about Rick is he has the experience,
knowledge, and can do, know-how to do the job. He actually
knows the maritime industry, which will be very important for
this job. And to have someone with his experience in the field
of maritime, because for those of us who are coastal Senators,
we know how the maritime field that has been worn and tattered.
Rick has served in the U.S. Coast Guard; was on the staff
of the House Merchant Marine Committee many years ago. He has
been a high level expert in the U.S. Delegation to NATO, and he
has a keen understanding of domestic and foreign maritime trade
demurrages.
He has my full support, as does Senator Cardin when--and he
will be here.
What he brings is honesty, integrity, know-how, a
commitment to public service and experience with the private
sector, having worked extensively with Seagirt; the public
sector, having worked extensively with the Maryland Port
Authority; and has experience internationally, both in his work
in the private sector and as part of the U.S. Delegation, the
Maritime Delegation to NATO.
I think they are lucky to get him. He is at the point in
his life that he could stay with the private sector and have a
cushy job and a very good salary. But he really wants to serve
America and make sure that our maritime industry is reenergized
and refocused or to be ready for the 21st Century. Whether we
sail the seas taking cargo or food aid to the coast of Africa
or having the maritime ready to stand up to the pirates like
they have already done.
So I would really hope to confirm Rick for the maritime
position. And while we are working with the ships that sail the
sea, do not forget Charlie Bolden and Lori, who are in the
field of the spaceships that will sail to different parts of
the universe.
Mr. Chairman, I think you have got a good team lined up
here.
The Chairman. Thank you, Senator Mikulski. And let me say,
again, for those who must be bewildered because I introduced
the two NASA witnesses and we are offering other witnesses, but
there is a reason for this. And that is, that Senators have
many meetings they have to go to. We had a vote, which kind of
threw everything into turmoil.
So I would ask two things: One, is for all of you who are
here to understand that we are actually--we have two panels of
witnesses who we are going to ask real live questions to. But
it is a custom here that often they are introduced by people
from their states or people who are particularly close to them.
And then my second point would be, it would be my hope,
that if I do the math here, if everybody speaks for 5 minutes,
that would be about 40 minutes, but there will probably be a
few more who want to speak. So I would hope for brevity, filled
with passion.
Senator Mikulski. That is what I tried to do.
The Chairman. Senator Schumer, you are more famous for one
than the other.
[Laughter.]
STATEMENT OF HON. CHARLES E. SCHUMER,
U.S. SENATOR FROM NEW YORK
Senator Schumer. And I will be brief.
[Laughter.]
Senator Schumer. Which might that be, Mr. Chair?
The Chairman. It is not brevity.
[Laughter.]
Senator Schumer. Mr. Chairman, I ask unanimous consent my
entire statement be read in the record so I might confound your
expectation.
The Chairman. It is so ordered.
Senator Schumer. And I am here to introduce a former member
of my staff, my Legislative Director for 7 years, a good
friend, Polly Trottenberg, to be Assistant Secretary for
Transportation at the Department of Transportation.
Polly was an amazing staff person. She had talent,
intellect, experience, and dedication. One of the best I have
ever had. I first heard her name the week after I won the
election against Senator D'Amato. Senator Moynihan summoned me,
that would be the appropriate word, to his office and he said
two things. He said, first, Chuck, I want to tell you I am not
going to run for reelection because now there is a Democrat who
can succeed me in the Senate seat.
Then he said, second, I want to give you a gift, Polly
Trottenberg, that is what he said. And it was one of the best
gifts I have ever received, I think one of the best gifts that
New York has ever received, and again to confound your
expectations I ask unanimous consent the rest of my statement
be put in the record.
[The prepared statement of Senator Schumer follows:]
Prepared Statement of Hon. Charles E. Schumer,
U.S. Senator from New York
Good afternoon everyone and I want to thank you, Chairman
Rockefeller, Ranking Member Hutchison, and all the Members of this
Committee for allowing me to speak here today. I know we are pressed
for time so I will try to keep things brief.
I am so pleased to be able introduce a former member of my staff,
and a good friend, Polly Trottenberg to this Committee.
President Obama has nominated Polly to be Assistant Secretary for
Transportation Policy at the Department of Transportation, and he
simply could not have made a better choice.
Polly possesses the rare combination of talent, intellect,
experience, and dedication that made her not only an outstanding
legislative director and public servant, but also a tireless advocate
for the issue she cares so much about--the unquestionable need for
affordable and efficient transportation as an environmental, social,
and economic necessity.
Before coming to Capitol Hill, Polly worked for the Port Authority
of New York and New Jersey in the aviation department. There she helped
to operate and manage three of the Nation's largest and most complex
airports.
She then joined Senator Daniel Patrick Moynihan's office where she
championed his philosophy--a cause I fight to advance to this today--
that grand transportation and infrastructure projects are key to the
economic future of New York, and to the entire country.
Then, right after I was first elected to the Senate in 1998,
Senator Moynihan, my mentor and then senior colleague, told me he was
giving me a gift--Polly Trottenberg, to be my Legislative Director.
I hired Polly immediately, and during her 7 years as leader of my
legislative staff, Polly Trottenberg never let me down.
Along with her expertise in a wide range of issues required to be
an effective legislative director in the Senate, Polly always
maintained her focus on advocating for and addressing the critical
transportation needs for New York, and the country as a whole.
She lead the negotiations to bring low-cost air service to long
neglected upstate cities, and also worked day and night to secure $20
billion in critical aid to help New York City recover and rebuild after
the 9/11 attacks. Polly fought hard and always got the job done.
Polly had a lot of big accomplishments, but it was her day in and
day out commitment, drive, and intellect that truly set her apart.
On Capitol Hill, Polly is known in every hall as a preeminent voice
on transportation policy.
After leaving my office, Polly went to work for my friend Senator
Boxer. And, most recently, Polly was handpicked by Mayor Bloomberg,
Governor Rendell, and Governor Schwarzenegger to be Executive Director
of Building America's Future, their action committee which highlights
the critical needs of America's transportation infrastructure.
There, Polly fought for the cause she loves--promoting the urgent
need for Congress and the President to rebuild America.
From our highways, roads and bridges, from the rails to the skies,
America's transportation infrastructure is in crisis.
These are daunting challenges for any Administration or Department
of Transportation to face, but President Obama has charted a new and
ambitious course to not only tackle them, but also to expand and grow.
Polly's unquestionable dedication, experience, and intelligence
make her uniquely qualified to craft and implement these bold
initiatives.
I recommend her nomination wholeheartedly and without reservation,
and urge her swift confirmation.
I again thank Chairman Rockefeller and my colleagues for holding
this hearing and look forward to working together to address this
Nation's critical transportation needs.
The Chairman. Senator Schumer I am overwhelmed and awed, as
I always am.
Senator Schumer. Is this a dream?
The Chairman. I am faced by two famous people who I see on
television a lot. Both whom I respect, one from each party. So
to be bipartisan, I will start, Governor, with your permission,
with Senator Graham.
STATEMENT OF HON. LINDSEY GRAHAM,
U.S. SENATOR FROM SOUTH CAROLINA
Senator Graham. Thank you, Mr. Chairman.
It is my honor today to be able to represent the State of
South Carolina in something that we are all proud of. I know
Senator DeMint is equally proud of the fact that our new NASA
Administrator, God willing, and the wisdom of the Senate
prevails here, is Major General Charles F. Bolden, Jr.
The President has nominated someone extraordinarily
talented and qualified for the job, and what we are most proud
of is that it all began in Columbia, South Carolina in 1946. He
grew up in Columbia, graduated from C.A. Johnson High School.
Both his parents were educators in South Carolina. He is a
member of our state Hall of Fame.
The most impressive thing to me is he is a Marine and that
is no easy thing to claim. He is a Marine aviator. He is a
retired Major General who flew 100 combat missions in Southeast
Asia during the Vietnam War.
He is a Naval Academy graduate. He has flown four Space
Shuttle missions. I think Senator Nelson can attest to his
skills as a pilot. He became an astronaut in 1980.
He has done a lot of things and one of the smartest things
he ever did was marry his wife, Jackie. They have two wonderful
children. One is a Lieutenant Colonel in the United States
Marine Corps who flies in the F-18. Another is--his daughter is
a medical doctor who is a plastic surgeon and she has come to
the right place.
[Laughter].
And they have three beautiful grandchildren.
And it is with a lot of pride that I am able to introduce
this fine man who stays very involved in the state of South
Carolina. He is an inspiration to all of the kids in the state
who are thinking about a career in science.
And the President of the United States has chosen very
wisely. He is the right man, at the right time, with the right
skill mix and character. And I know this Committee will be able
to report on that, I think, unanimously, and let him get on
with the work at hand.
And one of his goals is to make sure that general aviation
is well taken care of. But we inspire the next generation of
young Americans to think big; and there is no better example of
what you can do in America than what Major General Bolden has
achieved.
So with that, I highly recommend his nomination.
The Chairman. Thank you, Senator Graham, very much.
Governor, I am going to, once again, call on your good
will. Senator DeMint represents South Carolina, obviously, and
therefore both nominees, and needs to go anyway and wants to
just make a statement at this time.
STATEMENT OF HON. JIM DeMINT,
U.S. SENATOR FROM SOUTH CAROLINA
Senator DeMint. Thank you, Mr. Chairman. I will keep it
brief. I think Senator Graham and my staff Googled the same bio
for General Bolden here, so I will not read it all again, but
just to pick up on where Senator Graham left off.
After missions in Vietnam and being an astronaut, he did
not go off into retirement, he has continued to serve at the
Naval Academy. He has served in Kuwait and very recent battles
in coordinating the forces all over the world. And certainly he
is a South Carolinian man. I am very proud to recommend to this
Committee that he be confirmed as an Administrator of NASA.
[The prepared statement of Senator DeMint follows:]
Prepared Statement of Hon. Jim DeMint,
U.S. Senator from South Carolina
I am pleased to have the opportunity to introduce General Bolden to
the Committee this afternoon. General Bolden is without question one of
South Carolina's most distinguished citizens.
Since his appointment to the Naval Academy in 1964, General Bolden
has served our Nation with great distinction and has been a source of
great pride for the state. It would take too long to read through all
the decorations and honors that General Bolden has received, but I
think a few are worth noting for the Committee.
General Bolden began his career as a Marine Corps aviator and flew
over 100 sorties in North and South Vietnam, Laos and Cambodia. After
returning home, he continued to serve the Marine Corps as a recruiting
officer and a test pilot. After serving the Marine Corps for a number
of years, General Bolden was honored by being selected as a NASA
astronaut.
During his career with NASA, General Bolden flew four missions,
logged nearly 700 hours in space and orbited the Earth over 400 times.
During his first Discovery mission, he and his colleagues successfully
deployed the Hubble Space Telescope. His second Discovery mission was
the historic first joint U.S./Russian Space Shuttle mission with a
Russian Cosmonaut as a crew member. Bolden also served in two
leadership posts at NASA. Following the Challenger accident in 1986, he
was named the Chief of the Safety Division at the Johnson Space Center,
overseeing safety initiatives in the return-to-flight effort. From
April 1992 to June 1993, General Bolden also served as Assistant Deputy
Administrator for NASA.
In 1994, he returned to service with the Marine Corps as the Deputy
Commandant of Midshipmen at the Naval Academy. In July 1997, he was
assigned as the Deputy Commanding General of Marine Forces in the
Pacific and from February to June 1998, he served as Commanding General
in support of Operation Desert Thunder in Kuwait. In July 1998, he was
promoted to Major General and assumed his duties as the Deputy
Commander, U.S. Forces, Japan. General Bolden then served as the
Commanding General, 3rd Marine Aircraft Wing, from August 2000 until
August 2002. Since his retirement he has served in a number of
positions in the aerospace industry.
I am proud to have the honor of introducing General Bolden this
morning. He has shown throughout his career that he is willing and able
to face any challenge that is thrown his way. As he leads NASA in the
coming years, I am confident that he will bring the same credit to the
agency that he has brought to South Carolina, the Marine Corps and the
Nation.
The Chairman. Thank you very much, Senator DeMint. Governor
Rendell.
STATEMENT OF HON. EDWARD G. RENDELL,
GOVERNOR OF PENNSYLVANIA
Mr. Rendell. Thank you, Senator. It is a pleasure to be
here.
I am also here to recommend to the Committee the
confirmation of Polly Trottenberg. Senator Schumer, I think,
had her first and then Senator Boxer had her working for her.
And I did not know Polly until a year ago, when she became the
Executive Director of Building America's Future, the
organization that is dedicated to changing this Nation's
infrastructure, that I chair with Governor Schwarzenegger and
Mayor Bloomberg.
I did not know Polly at the time we selected her. I have
gotten to know her by working very closely with her over the
last year. And Senator Schumer said Polly is awesome. She is
smart. She is dedicated. She knows virtually everything about
our current transportation policy but better yet, she has
vision of where we need to go if we are going to have a first
class, world class transportation infrastructure.
Her knowledge that she brought from working with Senator
Schumer and working with Senator Schumer and Senator Boxer was
great. But in this last year, it has increased exponentially,
as mine has, as we have talked to the European infrastructure
bank people, as we have talked to the state officials and
Governors about transportation issues, as we have talked to
Wall Street about creative financing. How we have to go off-
budget if we are ever going to finance a real infrastructure
program for this country.
Polly knows all of that. She is smart. She is dedicated.
She is fun to work with. She should be confirmed.
The Chairman. Governor, that is high praise coming from
you, sir. As in reading all of that, I, frankly, was not as
aware of that organization as I should have been. And it is
doing all the right things and all the right things that you
have spent a lifetime working on, too. I am honored by your
presence.
Mr. Rendell. Thank you, Senator. May I be excused?
The Chairman. Yes, you may.
Let me just make a very brief statement here that somehow
starts with the words, good morning. I would like to retract
those and simply say that we have heard people talk about
various nominees, because there are various nominees, all very
important. But each one of these are very talented individuals.
Each one of them are people that we are going to be running
agencies which are complex, some of which are worn out or tired
or under-funded or all of the above. There are some which may
be working relatively well.
We have a lot of ground to cover. I don't want to add to
that, but I do want to--if you could close the door, please--I
do want to just say one quick word about Charles Bolden, Jr.
He does, as others will also point out, come to us after a
distinguished 34-year military career. He retired from the U.S.
Marine Corps in 2003 as the commanding general of the third
wing, aircraft wing, and has flown four Space Shuttle missions.
He has the unique distinction--I think that is the right word--
of flying with a member of our very own Committee; and that is
Senator Bill Nelson, better known as Payload Specialist Nelson.
I also want to take a moment to welcome back to the
Committee a special friend of West Virginia, and that is
Deborah Hersman. She spent several years on this side of the
dais and returns for a second time. The NTSB is her destiny. We
want that to be so. The Ranking Member knows a good deal about
that.
I am proud to say again that Ms. Hersman comes from very
good roots. Both of Debbie's parents were born in Charleston,
West Virginia, I wish I could say that, and raised in Spencer;
and I believe are here.
Voice. They are in the overflow room.
The Chairman. OK.
Her father was a very distinguished person in his own
right, as a Brigadier General in the Air Force. As so, Ms.
Hersman grew up always on the move, but West Virginia has
always been her home.
She had her start on the House side and later joined the
Senate Commerce Committee for 5 years to lead the Senate
Committee's Surface Transportation Subcommittee, handling all
kinds of matters.
In 2004, Ms. Hersman was confirmed as a Member of the NTSB,
and has since led investigations and has been pointed out as
being at the front of what happened in the D.C. Metro system
tragedy; she has been on top of it from the very beginning.
So, I could go on about her accomplishments, but I just
wanted to close by saying that I am very pleased that the
Committee can consider her nomination today.
And most importantly to all of our remarkable nominees: Mr.
Bolden, Ms. Garver, Ms. Trottenberg, Mr. Lidinsky, Ms. Hersman,
thank you for joining us. Thank you for your willingness to
join in something called public service, which I was brought up
to feel was a very noble calling and I have always felt that
way. And I think all of us here do.
Making the country better is not only a matter of doing the
most dramatic thing, it is a matter of doing things that keep
Americans safe, keep them eating safe food, using safe products
and tending to their welfare in all the ways, as well as savvy
security and all kinds of things, climate change, which this
committee is also involved with. We have an entire world that
we deal with and are very proud about that.
Are there any other opening statements, if not----
Senator Hutchison. Oh, yes, Mr. Chairman.
Senator Nelson. And me.
The Chairman. I am sorry.
And you, Bill.
STATEMENT OF HON. KAY BAILEY HUTCHISON,
U.S. SENATOR FROM TEXAS
Senator Hutchison. Mr. Chairman, I will be very brief. I do
have a longer opening statement, which I will put in the
record. But basically, General Bolden has been well introduced
by the South Carolina senators but, to be very honest, he is a
Texas resident.
[Laughter.]
Senator Hutchison. And by gosh, I am going to claim him.
And I am very proud that when he was with the astronaut corps,
he and Jackie made their home in Clear Lake and he has been a
huge community asset, and has thrown himself into the
leadership of the community, and we really, really appreciate
it.
So, I would say that with all of the people who are
claiming you, Mr. Bolden, that you could probably run for
President some day. But seriously, I think that we have such a
qualified nominee, and I will say Senator Nelson and I both
worked together very hard for this very qualified nominee. I am
excited about the opportunity to have someone so experienced in
so many areas to take on this huge challenge that NASA faces
right now.
I am such a strong supporter of the space mission, of the
science mission, of the technology mission, and also the
security world that is played by NASA, all of the issues that
General Bolden will face, and I know he is the right person to
lead the agency at this very important time. So, I do want to
introduce him and say that I strongly support him and look
forward to working with him and for him to also someday return
home to Texas.
And then, second, I do want to say that I welcome Deborah
Hersman who will chair the National Transportation Safety
Board. And as the former Vice Chair myself, I know what an
important role it plays in safety. And the independence of NTSB
has really been a huge asset for transportation safety in our
country since its inception. And I strongly support her
nomination.
Polly Trottenberg and Richard Lidinsky, also, I will
support their nominations. I think they are very well
qualified.
So, Mr. Chairman, I would just say to the members of the
Committee that I am working with Sherrod Brown on a bus safety
piece of legislation that derives from some of the NTSB
recommendations for bus safety. And I hope that this committee
can move it through this year, because I think it would be very
important to add to the safety laws of our country.
Thank you, Mr. Chairman. I look forward to hearing from the
witnesses and to the swift confirmation of all five.
[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 this hearing.
I am especially delighted that the Committee has before it the
nominations of Charles Bolden and Lori Garver for confirmation as NASA
Administrator and Deputy Administrator and I want to recognize General
Bolden as a long-time resident of Houston, Texas. He and his wife,
Jackie, chose to remain in Texas after he left the astronaut corps, and
while I hate to lose their leadership and community involvement in
Texas, I am delighted to have the opportunity to work with Gen. Bolden
in this new position.
Gen. Bolden has had a distinguished career, both in the United
States military and with NASA. He retired from the U.S. Marine Corps in
2003 after more than 34 years of service. In 1980, he was chosen by
NASA to be an astronaut and flew four missions. He also served in a
number of additional positions within NASA, including Astronaut Office
Safety Officer, Technical Assistant to the Director of Flight Crew
Operations, Special Assistant to the Director of the Johnson Space
Center, and Chief of the Safety Division at Johnson Space Center.
Gen. Bolden is a graduate of the U.S. Naval Academy, the University
of Southern California, and the U.S. Naval Test Pilot School. His
honors are many so I'll only list a few of them here: the Distinguished
Flying Cross, the Defense Superior Service Medal, the Defense
Meritorious Service Medal, the Air Medal, the Strike/Flight Medal, and
the NASA Outstanding Leadership Medal. He also received honorary
Doctorate degrees from a number of universities and was inducted into
the U.S. Astronaut Hall of Fame in May 2006.
We have waited anxiously for the Obama Administration to begin the
formulation of its leadership team for space exploration, as NASA faces
the challenge of defining its future path, not only in human
spaceflight, but also in contributing, through all its missions and
activities, to the long-term scientific excellence and economic well-
being of the Nation, and to our national security.
I believe the Administration has chosen well with these nominees.
They both have the depth and breadth of experience that I believe will
be needed to keep NASA and our Nation moving forward and securing our
leadership in space exploration.
The challenges are many, and finding the solutions will not be
easy. We are now awaiting the findings and recommendations of the Human
Space Flight Review panel, chaired by my good friend Norm Augustine,
which will hopefully enable both the Administration to focus on what is
truly needed for the Nation to sustain its ability to fully explore and
fully utilize the environment of space.
I have a great deal of concern and questions about the gap we face
in the country's ability to send astronauts--and scientists--to the
International Space Station. We have been pressing to reduce or
eliminate this gap for the past 4 years in this Committee, and it only
seems to get longer. It is my hope that the Augustine review committee
will provide us with viable options to address this critical issue.
For too long now, NASA has worked to accomplish its demanding
mission and responsibilities with insufficient resources. While we have
consistently authorized the necessary funds, in the end, they have not
been made available to NASA. And I believe we are now paying the price
for that neglect.
Today, we face extraordinarily difficult economic times, and many
seem to think that space exploration is a luxury we might be able to do
without, for a while, until we are financially ``whole'' again. What
they forget is that we don't SPEND money on NASA as much as we INVEST
it in our Nation's future economic viability. In my view, this Nation
cannot afford NOT to invest in space exploration, and across the entire
scope of NASA's activities. It is the kind of long-term investment that
helps to ensure that we never have to face another economic crisis.
In the past, space exploration has been a source of inspiration
that has led young people and students into the very fields of
scientific and technological inquiry that are so greatly challenged
today. We have an excellent reminder of that this month, as we
celebrate the 40th anniversary of the first Lunar landing.
One of the greatest challenges facing our two NASA nominees today
will be to find a way to remind Americans of that heritage of
excellence, and to renew NASA's ability to excite and attract a new
generation of scientists, technicians and engineers.
I would also like to welcome our other nominees: Ms. Deborah
Hersman has been nominated to chair the National Transportation Safety
Board (NTSB); Ms. Polly Trottenberg has been nominated to serve as
Assistant Secretary for Transportation Policy at DOT; and Mr. Richard
Lidinsky has been nominated to the Federal Maritime Commission.
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.
The Board's work helps make our transportation system safer. I hope
that the Congress will enact comprehensive bus safety legislation this
year that incorporates many of the Board's findings based on their
investigations into a number of tragic bus accidents. I have sponsored
such legislation with Senator Brown, and hope the Chairman will agree
to make bus safety a priority of the Committee.
I thank all of the witnesses for appearing today and look forward
to working with them upon their confirmation.
The Chairman. Thank you, Senator Hutchison.
And Senator Nelson, you certainly have the right to say
something here, I would think.
STATEMENT OF HON. BILL NELSON,
U.S. SENATOR FROM FLORIDA
Senator Nelson. Thank you, Mr. Chairman.
Charlie Bolden and Lori Garver come as a team, Mr.
Chairman. Lori has been in aerospace and space activities all
of her adult life. She has been one of the top managers in NASA
for a period of 5 years. And I want you to know that she was
very responsible and in a key position to advise you and my
candidate this past campaign season in the fleshing out of a
space policy which ended up being one of the most detailed
space policies ever by a Presidential candidate. And so, Lori
is going to end up being an extremely important part of the
team for Charlie as his deputy.
Having known Charlie for a quarter of a century, I can just
add to what all has been said here. That if anyone represents a
characteristic that we admire, that being the characteristic of
an overcomer, Charlie is that.
Charlie could not get an appointment to Annapolis in South
Carolina in 1964 because of the politics of segregation.
Fortunately, there was someone detailed from the Administration
to find promising minorities all around the country. And one
day I met this retired gentleman who came up and he said, you
do not know me, but we have someone in common, and he told me
the story.
That he found Charlie Bolden in Columbia, South Carolina,
who wanted to go to Annapolis. And he arranged for a
Congressman in Chicago to appoint him. And Charlie got to
Annapolis and he was promptly elected President of the freshman
class.
Another example of him being an overcomer that this
Committee needs to understand the character of the man, is that
the Marine Corps was not swift on promoting to general officer
a marine astronaut, and it had never been so. And so they told
Charlie that as a Brig Colonel, he was passed over for
consideration of Brigadier General.
And Charlie allowed as how, what he wanted to do was, he
wanted to go to Annapolis as a Marine Colonel, as the number
two Deputy Superintendent because he wanted to give back to the
institution that gave so much to him. Of course, once that
happened, the Marine Corps recognized that they had made a
mistake and they promoted Charlie to General.
The third example that I will give of being an overcomer
and why we have four of his former crewmates on other missions
that are here, Jan Davis, Kym Ryder and Brian Duffy and Kathy
Sullivan--if you all will stand up and be recognized, welcome--
--
[Applause.]
Senator Nelson.--was the exceptional technological
confidence that Charlie has when he--what brought him to the
position. And I can only testify as to what I observed after
five tries and finally with the dubious distinction of being
the most delayed and scrubbed mission in American space
history, we finally got off the pad and had just cleared the
launch tower and I heard Charlie's voice on the intercom
saying, ``we have a problem, we have a helium leak.''
He is sitting in the right seat with all of the systems at
his command, was all over those switches and got the helium
leak stopped. As it turned out, it was actually a sensor
problem; of course, at the time, we did not know that. Had he
not gotten that helium leak under control, we would have been
in a very dangerous situation.
I think that has been, and I will conclude with this, why
one of those astronauts that I just introduced back there,
another pilot astronaut who was not only in the NASA jargon,
pilot, as Charlie, but also in the NASA jargon, commander, as
well as Charlie, as well, and that is Brian Duffy, told me
unsolicited before the President nominated Charlie, he said,
``I have learned more about leadership from Charlie Bolden than
any other person in my life; and he says that includes my 20
years in the Air Force and my 12 years at NASA.''
I think that is a pretty high recommendation for the next
leader of NASA.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Nelson, very much.
Just a few comments. We have been joined happily by----
Voice. Mr. Chairman, could I----
The Chairman. No, hold on just a second, please. I did not
see who came in. I knew that Sheila Jackson Lee has come in,
but also who has come in is somebody with a reasonably high
rank around here----
Senator Udall. Mr. Chairman, Representative Clyburn.
The Chairman. You bailed me out too early.
Representative Clyburn, we are most happy to have you here,
very honored to have you here. We will welcome whatever you
have to say.
STATEMENT OF HON. JAMES E. CLYBURN,
U.S. REPRESENTATIVE FROM SOUTH CAROLINA
Mr. Clyburn. Thank you, Mr. Chairman.
Mr. Chairman, Members of the Committee, my former
colleague, my colleague, thank you so much for allowing me to
say a few words on behalf of my homeboy.
[Laughter.]
Mr. Clyburn. Charlie Bolden is a very, very special person
to all of us in South Carolina. I just happen to represent a
Congressional District that has had three astronauts come from
it. That is one of the things you will hear about in the 6th
Congressional District of South Carolina. You will often hear
other things about this district, but one of those.
Charles Bolden's father was a very good friend; mother, a
librarian, like my wife, they were great friends. I can say
that nothing makes me more proud of being a South Carolinian,
being a Representative of the 6th Congressional District, than
to be able to come here today and say how proud I am of one of
our favorite sons, Charles Bolden.
Thank you so much for allowing me to say a few words. And
if I may, I will sit for a few moments and get back to a little
listening session on health care reform. Thank you.
[Laughter.]
The Chairman. Thank you, sir, very, very much. We are very
honored by that.
Sheila Jackson Lee?
STATEMENT OF HON. SHEILA JACKSON LEE,
U.S. REPRESENTATIVE FROM TEXAS
Ms. Jackson Lee. Thank you very much, Mr. Chairman. I know
ranks, so thank you very much. I was intending to yield myself
to the Majority Whip of the House, and we are grateful for his
presence here.
To all of the Members of the Committee, Chairman
Rockefeller, and certainly my senator, Senator Hutchison, who I
know is very attentive to these issues, Senator Martinez,
Senator Udall, it is a pleasure to see you, and, of course,
Senator Nelson, we have traveled this road before.
I know that you are about to proceed with something very
important, so let me just try to summarize and ask unanimous
consent that my entire statement be able to be submitted into
the record.
The Chairman. So ordered.
Ms. Jackson Lee. I want to congratulate President Obama for
listening and now accepting a bold mission for NASA. And
interestingly enough, we have selected a Bolden, someone who
can manage bold missions. He is especially particular and
unique, because he comes from South Carolina.
It seems that South Carolinians by way of being astronauts,
we have astronaut McNair, who we lost tragically, come to be
neighbors in Houston. And, so I have been a neighbor of this
distinguished nominee, and his wife for a number of years, also
a twelve-year member of the House Science Committee. And, I
have watched as we have coddled NASA, as we have seen the space
station coming to fruition, starting first in the early years
where we were having difficulties with big things like Russia
making their payments and putting the markers together. And,
here we have something the size of a football field.
We need bold leadership, and I am grateful that this bold
leadership, the same kind that President Kennedy announced some
almost 50 years ago, about what America stood for, and the
value of science and the value of exploring space. I think that
we are blessed to have a graduate of the Naval Academy and a
Marine who understands boldness.
We also have someone, Mr. Chairman, who can convey to the
American people the story of NASA. NASA needs friends. We have
advocates on the floor of the Senate, and on the floor of the
House, but we need friends. We need those who can convey in the
21st Century as we did at the turn of the last century when we
advocated that NASA brought about innovative research and
health care, such as HIV/AIDS, stroke, and heart disease. We
use that, and we were able to convince a few of our friends it
was important.
Now, we have new challenges. A very clear recognition of
the economy that faces us; a clear recognition that we have
done that before. We have done the research for stroke and
heart disease. We are learning about how people commit in
space.
Now we need to talk about the cutting edge of science and
creating jobs. And I believe that someone who has been through
the ranks, being an astronaut, seeing the toughness of what it
requires, having the military experience is the right kind of
leadership.
So, I want to just simply acknowledge that the nominee that
became an astronaut candidate by NASA in 1980. He is a veteran
of four space flights. I can name them all, but I know that he
knows he was in space in 1986 and 1990, and 1992, March, 1992,
April 2, 1992 and 1994. That means that he has seen the good
side and the bad side.
One of the issues that I think is important is the
collaboration between human space exploration and international
space station. It is good to have someone who values, and has
seen and recognizes the coordination, and the collaboration
between those two entities.
Mr. Chairman, I happen to be one of those who supported
keeping the human space flight or the Shuttle going for a
little bit longer. I know we are moving to the CEV. But, with
that in mind, I think that we have a nominee that would bring
all these desperate viewpoints to bear. And, we have someone
who can call upon Members of Congress as well as the American
people.
Mr. Chairman, I believe that, and Members, that he is an
outstanding nominee. Again, he would be a friend to this
wonderful service, because those who are in the service of NASA
are obviously in the service of their country. Then, he would
bring the kind of role modeling and be able to bring people
together that are so often attributed and to the hard knocks of
being a Marine.
It is my pleasure as a member from Houston, Texas, where he
lived with his family, to be able to say to you that without
reservation, we have an outstanding nominee ready for the 21st
Century, and prepared to bring us together, and to carry the
banner, and provide NASA with the stair steps that would move
it up the ladder of success.
And, I thank you for allowing me this brief moment to share
my very, I hope, succinct thoughts about the greatness of the
future that we have.
[The prepared statement of Ms. Jackson Lee follows:]
Prepared Statement of Hon. Sheila Jackson Lee,
U.S. Representative from Texas, 18th District
To Chairman Rockefeller, to my dear friend and fellow Texan Ranking
Member Hutchison, and to the other distinguished Members of the
Commerce, Science, and Transportation Committee, I appreciate this
opportunity to testify in support of retired Marine Corps Major General
Charles F. Bolden, Jr.'s confirmation as NASA Administrator.
I applaud President Obama for his bold selection of General Bolden
as NASA's Administrator. Nearly 50 years ago, at a time of uncertainty
at home and abroad, similar to now, another American president, made a
similar bold step in a speech to Congress. On May 25, 1961, President
John F. Kennedy proposed bold new steps in the exploration of space. He
calls on Congress to pursue an ``even more exciting and ambitious
exploration of space, perhaps beyond the moon, perhaps to the very end
of the solar system itself.'' The President further states that ``I
believe that this Nation should commit itself to achieving the goal,
before this decade is out, of landing a man on the moon and returning
him safely to Earth.'' President Kennedy's speech came just 3 weeks
after Mercury astronaut, Alan B. Shepard, became the first American in
space.
In 1961, a young Charles Bolden, Jr., found himself in a precarious
position to answer the challenge of President Kennedy. You see, General
Bolden was a 14 year old living in still-segregated Columbia, South
Carolina. At the time of Kennedy's speech, General Bolden was a tenth
grade student at C. A. Johnson High School in Columbia, where his
father was the head football coach.
Yet with the backdrop of these challenges, General Bolden believed
as President Obama, that America is a place where all things are
possible. Thus, notwithstanding the barriers confronting him, General
Bolden accepted President Kennedy's challenge that spring of 1961.
Three years later, General Bolden took the bold step of seeking an
appointment to the United States Navel Academy. In the spring of 1964,
during the height of the civil rights movement demonstrations, General
Bolden chose another form of protest. He joined just a handful of other
Black plebes at Annapolis. And despite this lonely position, he
continued to excel. At Annapolis, Bolden pursued one of the most
rigorous majors, Electrical Engineering. General Bolden graduated from
the U.S. Naval Academy in 1968, nearly 20 years after the first Black
to graduate from that institution, Wesley Brown.
Upon graduation from the Naval Academy, Bolden accepted a
commission as a Second Lieutenant in the U.S. Marine Corps. While in
flight school, General Bolden was further inspired by the feat of a
former Navy aviator, Neil Armstrong, who along with Buzz Aldrin, an Air
Force man, fulfilled President Kennedy's challenge by landing their
Apollo 11's lunar module Eagle on the moon.
This feat kept General Bolden motivated and after 2 years of flight
training, he was designated a naval aviator in May 1970. He flew more
than 100 sorties into North and South Vietnam, Laos, and Cambodia, in
the A-6A Intruder between June 1972 and June 1973. Upon returning to
the United States, General Bolden began a two-year tour as a Marine
Corps selection officer and recruiting officer in Los Angeles, followed
by 3 years at the Marine Corps Air Station, El Toro, California. During
his free time, General Bolden returned to school to earn a Masters
degree in Systems Management from the University of Southern California
in 1977.
In June 1979, he graduated from the U.S. Naval Test Pilot School at
Patuxent River, Maryland, and subsequently served as an ordnance test
pilot and flew numerous test projects in the A-6E, EA-6B, and A-7C/E
airplanes. As a pilot, he has logged more than 6,000 hours flying time.
General Bolden was selected as an astronaut candidate by NASA in
1980, and became an astronaut in August 1981. A veteran of four space
flights, he has logged more than 680 hours in space, including 444
orbits of the Earth. General Bolden served as pilot on STS-61C (Space
Shuttle Columbia, January 12-18, 1986) and STS-31 (Space Shuttle
Discovery, April 24-29, 1990), and was the mission commander on STS-45
(Space Shuttle Atlantis, March 24, 1992-April 2, 1992), and STS-60
(Space Shuttle Discovery, February 3-11, 1994). During his first
Discovery mission, General Bolden and his colleagues successfully
deployed the Hubble Space Telescope while orbiting the Earth from a
record setting altitude of 400 miles. The second Discovery mission was
the historic first joint U.S./Russian Space Shuttle mission with a
Russian Cosmonaut as a crew member. General Bolden also held two
administrative posts at NASA during these years. Following the
Challenger accident in 1986, he was named the Chief of the Safety
Division at the Johnson Space Center, overseeing safety initiatives in
the return-to-flight effort. From April 1992 to June 1993, General
Bolden served as Assistant Deputy Administrator for NASA.
In 1994, General Bolden returned to active duty in the U.S. Marine
Corps as the Deputy Commandant of Midshipmen at the Naval Academy,
Annapolis, Maryland. In July 1997, he was assigned as the Deputy
Commanding General, I MEF, Marine Forces, Pacific. From February to
June 1998, he served as Commanding General, I MEF (FWD) in support of
Operation Desert Thunder in Kuwait. In July 1998, he was promoted to
his final rank of Major General and assumed his duties as the Deputy
Commander, U.S. Forces, Japan. General Bolden then served as the
Commanding General, 3rd Marine Aircraft Wing, serving from August 9,
2000 until August 2002. He retired in August 2004.
Following retirement, General Bolden became active in the corporate
sector. Since 2004, he has been the owner and CEO of Jack and Panther
LLC, a privately-held military and aerospace consulting firm in my
district of Houston, Texas. He also serves on the corporate boards of
Marathon Oil (2003-2009), helicopter services provider Bristow Group,
Inc., and BlueCross BlueShield of South Carolina. He was Senior VP of
TechTrans International, which provides Russian translation,
interpretation, language training and logistics services to NASA, from
2003 to 2005; President and Chief Operating Officer of American PureTex
Water Corporation; and served on the corporate board of GenCorp, an
aerospace and defense contractor.
He also serves on the NASA Aerospace Safety Advisory Panel, the
board of the Military Child Education Coalition, a private nonprofit
focused on supporting educational opportunities for the children of
military families, and the Board of Trustees of the University of
Southern California. General Bolden is a family man. He and his wife,
Alexis (Jackie), have two children and three grandchildren.
Many of us in Congress have been calling on the Administration to
articulate a bold mission for NASA. It seems that the President is
answering that call with General Bolden's nomination. For the record, I
wish to state my wholehearted support his vision for going back to the
moon, and from there to worlds beyond. Furthermore, I believe that
General Bolden is the right man to lead us there. As the first NASA
Astronaut to lead the space agency, he understands NASA's mission, its
operations, and its most valuable resource, its personnel. Moreover,
having a background of achieving in the face of obstacles, General
Bolden is well positioned to help NASA define its role in the midst of
our Nation's fiscal crisis.
Mr. Chairman, I believe you have an outstanding nominee before you.
His selection as NASA Administrator has the potential of inspiring a
new generation of young people. I encourage you and your colleagues to
confirm General Bolden in short order and commit all I can to assist
you in this process.
Thank you Mr. Chairman and I yield back the balance of my time.
The Chairman. Thank you Congresswoman, very much.
We now actually are going to move on to the nominees. So, I
would like to have Charlie Bolden and Lori Garver both come and
sit at the table.
And people have been doing a lot of introducing and
congratulating. It is disruptive, both for Senator Nelson and
myself. We both have a sort of shootout at the OK Corral on
health care at 4 o'clock. And, so we will do the best we can,
and hope that Senator Nelson can chair for a bit, and then
Senator Udall can chair for a bit, and ask the questions.
But, this is, you know, you want people to introduce, it is
the human thing to do, but, it really disrupts a decent
hearing.
So, let me start out with a question. Obviously, your
backgrounds are fantastic. And, there is no question that you
are the right people for the job. So, we are at the 40th
anniversary of the Apollo moon landing. And, I just want to
make it very clear from this senator's point of view that NASA
is not what it was.
And, I actually came onto this Committee, and I think I had
a conversation with Senator Nelson once in which I questioned,
did NASA really have a future? People refer to what has been
done. Very few refer to what might be done. In the meantime,
you have all kinds of auditing problems, all kinds of problems.
And NASA is not attracting the kind of people these days they
are used to, I am told. I may be wrong. You can put me down on
that if you want.
But, if we are going to do NASA, it has got to be done
right. And, one of the things you discover on this Committee is
you can find at the bottom of the ocean, three miles down, many
of the things that you can find are hundreds of miles up in the
air. So, innovation is not simply to be found in one part of
our hemisphere, wherever it is that we live in.
So, I am going to ask you, sir, just a very general
question, but it is a very heartfelt one on my part. I need
bolstering on NASA personally. I need bolstering. So, I wonder
what specific proposals, if to the extent that you can agree
with me, or whether you do or not, what do you propose to do,
each of you, starting with you, Mr. Bolden, to take what was
the inspiration of a nation which is not today the inspiration
of the Nation? It is not, and, it needs to be in order to hold
its place, and to get proper funding. It has drifted. I think
that is indisputable.
So, what do you plan to do to change this posture? That is,
if I am right or if you agree with me, or if you do not, say
so.
Mr. Bolden. Mr. Chairman, I do not disagree with you, but
may I ask a point of order, and that is, if I may be allowed to
offer some opening remarks, I think I will cover some of the
questions that you ask.
The Chairman. You should do that.
Mr. Bolden. I will answer directly or I can offer opening
remarks.
The Chairman. OK.
Mr. Bolden. Would that be OK for you?
The Chairman. I agree with that.
STATEMENT OF GENERAL CHARLES F. BOLDEN, JR.,
ADMINISTRATOR-DESIGNATE, NASA
Mr. Bolden. Mr. Chairman and Ranking Member Hutchison, I do
thank you very much for allowing Lori and me to come before
this Committee today. We feel that it is incredibly important.
I would be remiss if I did not thank the numerous people
who have spoken on our behalf so far, and I tried to write them
down so I hope I do not forget anyone. Senator DeMint and
Senator Lindsey Graham from my home state, my original home
state of South Carolina.
Senators Nelson and Hutchison go without saying. They are
long-term supporters of the space program in and of its people.
And I want to talk a bit about people as we go through this.
And for that, Lori and I are both deeply appreciative to the
two of you for all that you have done.
And I do want to thank my very good family friend,
Congressman Clyburn and friend, Congresswoman Sheila Jackson
Lee for the comments that they made.
I also would like to take this opportunity to acknowledge
that I do have some family here. We have a bus that came up
from South Carolina, and if I did not comment about them, I
would be in deep trouble. I am not going to ask them to stand.
They are in the overflow room.
But, I do have family members with me, my wife, Jackie is
here. Well, she was. She is behind me. One of our kids, we are
very proud of all of our children, but Dr. Kelly Bolden is
here, and someone mentioned her earlier. My brother, Warren and
his wife, Wendy, my brother-in-law, and sister-in-law, Gerald
and Irene Kelly, and the matriarch of my family now, my aunt
Alyce Martin, who is from Opalocka, Florida, and one to whom we
all seek counsel, the very wise matriarch of the Bolden family
now. So I thank all of them for being here.
I also would like to call special attention to some other
people, but they are members of the Buffalo Soldiers who are
probably in the overflow room, I think. I would be remiss if I
did not comment that they have been role models--they are
here--role models for me, because they represent the very best
of the early part of this Nation, dating way back to the pre-
Civil War time and the Revolution.
And also a very special person, Mr. Ed Dwight who, while
not actually becoming an astronaut, was a trailblazer in an
attempt to break the color barrier in America's astronaut
program. He was at one time, a candidate.
Finally, a person who has been an early role model of mine,
Lieutenant General Frank Peterson, the first Black Officer in
the Marine Corps, the first Black aviator in the Marine Corps,
the first Black squadron commander, and the first Black general
officer in the Marine Corps. He is also here with us.
So I thank all of them.
I want to extend my special thanks to Christopher Scolese.
Chris has been the Acting Administrator of NASA since mid-
January. He represents the very best of NASA's career civil
servant workforce. For his dedicated leadership and service, I
am greatly appreciative.
As has already been said, I was born and raised in
Columbia, South Carolina, the segregated South, to Charles and
Ethel Bolden, public school teachers who, despite very long
hours and lower wages than their white counterparts, loved
their work. They made the hard choice to stay in public
education and to inspire thousands of black students to take
their places in national, state, and local leadership. They
were my consummate role models.
For more than 34 years, I was able to serve as an active
duty Marine, and I cannot help but tell you that I witnessed
the magnificent power of diverse teams of military men and
women respond to worldwide crisis whenever called.
As a NASA Shuttle astronaut floating in the windows of the
Space Shuttle, I saw the beauty of the Middle East appearing
peaceful and serene, in spite of its earthly reality of
violence in that region. In contrast, I viewed with sadness,
the majestic Amazon rainforest, considered a model of serenity
and peace, but devastated by deforestation.
I dream of a day that any American can launch into space
and see the magnificence and grandeur of our home planet,
Earth, as I have been blessed to do.
I remember the violent days of the 1960s Civil Rights
Movement, the war in Vietnam, anti-war demonstrations on our
streets, turmoil and division in our Nation not seen since the
Civil War. Yet, with shared national vision inspired by
President John Fitzgerald Kennedy, we put men on the Moon. The
world united in celebrating this achievement, and the U.S.
assumed uncontested technological leadership in the world.
All this we accomplished in times as difficult as today if
not more so, because beginning in 1961, a young President and a
bold Congress inspired the American people to have courage to
take action in areas previously unthinkable.
Today we have to choose. Either we can invest in building
upon our hard-earned world technological leadership or we can
abandon this commitment, ceding it to other nations who are
working diligently to push the frontiers of space. If we choose
to lead, we must earn it by committing to confront the
following four challenges:
First, build upon our investment in the International Space
Station, a unique national laboratory, and a bridge to human
exploration beyond low-Earth orbit, as we safely and
efficiently fly out the Shuttle and end the Shuttle era.
Second, accelerate with a sense of urgency the development
of our next generation launch systems to enable expansion of
human exploration.
Third, enhance NASA's capability and organic expertise to
provide credible scientific, technological, and engineering
leadership to help us better understand our Earth's
environment.
And finally, inspire a rising generation of boys and girls
to become men and women committed to increasing knowledge in
the fields of science, technology, engineering and math by
making NASA and its programs relevant to the American public.
Today we face a crisis of opportunity. I ask each of you to
join with President Obama, me and the NASA team that I hope to
lead with your confirmation in partnership with Lori Garver in
turning these challenges into opportunities. Thank you for this
opportunity to appear before this Committee. I am excited and
energized about the possibility of taking on these challenges,
if confirmed, and I look forward to responding to your
questions.
[The prepared statement and biographical information of Mr.
Bolden follows:]
Prepared Statement of General Charles F. Bolden, Jr.,
Administrator-Designate, NASA
Chairman Rockefeller, Ranking Member Hutchison, and Members of the
Committee, it is an honor to come before you today as the President's
nominee for Administrator of the National Aeronautics and Space
Administration (NASA). Thank you for your time in considering my
nomination as well as that of Ms. Lori Garver for Deputy Administrator.
I would like to extend my sincere thanks to Senator Lindsey Graham
for his support and kind introduction. Special thanks are also due to
Senators Nelson and Hutchison for your words of encouragement during my
preparation for potentially taking on the duties of NASA Administrator.
I thank both of you specifically and this committee in general for your
long-standing support of NASA in its mission of leading the Nation in
the exploration of our universe and of exercising our leadership in
aeronautics, science, and technology. I'd also like to acknowledge
members of my family (my wife, Jackie; my daughter, Dr. Kelly Bolden;
my brother, Warren Bolden and his wife, Wendy; my aunt Alyce Martin)
and other family and friends who have traveled many miles to be with me
today.
I would also like to extend a special thanks to Christopher
Scolese, who has been the Acting Administrator at NASA since mid-
January. Chris represents the very best of NASA's career civil servant
workforce. For his dedicated leadership and service I am greatly
appreciative.
I was born and raised in Columbia, SC in the segregated south--the
older of two sons of Charles and Ethel Bolden, public school teachers
who, despite very long hours and lower wages than their white
counterparts, loved every day of their work and made the hard choice to
remain in public education and to inspire thousands of Black students
to take their places in national, state, and local leadership. With
them as the consummate role models, I overcame the refusal of my
Senators and Congressman to appoint a Black to the Naval Academy by
appealing to President Lyndon B. Johnson for assistance. President
Johnson had taken the initiative to send a retired Federal judge around
the country to visit with Black and Hispanic high schools to recruit
young, qualified minorities for entry to the three major service
academies. I expressed interest in the Naval Academy during his visit
to my high school and this led to my subsequently receiving an
appointment to Annapolis from Congressman William Dawson of Chicago,
IL. Inspired by my Plebe Year company officer, Major John Riley Love, a
Marine Corps Vietnam veteran and mentor reminiscent of my father, I
chose to become a United States Marine upon graduation. Much like my
father, Major Love was very tough and demanding, but incredibly fair
and just in dealing with everyone. For more than 34 years as an active
duty Marine, I witnessed the power of teams of diverse military men and
women responding to worldwide crises of humanitarian assistance and
disaster relief, such as the small 16 to 20 person teams of Marines and
Navy corpsmen sent from my command into Djibouti in the Horn of Africa
to help drill fresh water wells and to assist the villagers in building
rudimentary medical centers. The engagement and compassion exhibited by
these Marines and sailors gained us a level of respect by the local
tribe members that allows us to operate with impunity in this region
even today.
As a NASA astronaut I flew four times on the Space Shuttle as a
member of international teams of dedicated engineering and science
professionals. Floating in the windows of the Shuttle, speeding across
its great desert at 4-5 miles per second, I saw the beauty of the
Middle East, appearing peaceful and serene in spite of the Earthly
reality of violence in the region. From my window perch, I viewed with
sadness the majestic Amazon Rain Forest, considered by many to be the
model of serenity and peace, yet devastated by deforestation, leaving
the area and its people facing some of the greatest environmental
challenges of our day. l now dream of a day when any American can
launch into the vastness of outer space and see the magnificence and
grandeur of our home planet, Earth, as I have been blessed to do. I'm
convinced this will inspire them to be more concerned for our
environment and to strive to put an end to man's inhumanity to man.
When I reflect on the violent days of the 1960s civil rights
movement; war in Vietnam and anti-war demonstrations on our streets;
turmoil and division in our Nation not seen since the Civil War--I am
inspired by the power of a shared national vision articulated by
President John F. Kennedy to put men on the Moon; uniting the world in
celebrating this achievement; and assuming uncontested technological
leadership. NASA and its contractors produced what is a marvel of the
modern age--the Space Shuttle followed by the International Space
Station (ISS). With the common goal of making life better for humans
here on Earth and improving understanding of our universe, NASA
provided the leadership to our scientists, industry, and international
partners to launch probes to distant planets; change human
understanding of the universe in which we live with the Great
Observatories--the Hubble Space Telescope (HST), the Chandra X-Ray
Telescope, the Compton Gamma Ray Observatory (GRO), and the Spitzer
Space Telescope--and develop biomedical research that contributed to
innovation of the CATScan, magnetic resonance imaging (MRI), the
Debakey Ventricular Assist Device (VAD) or heart pump, and even a
prospective salmonella vaccine.
All this we accomplished in times equally as difficult as today, if
not more so because, beginning in 1961, a young President and a bold
Congress inspired the American people to have the courage to take
action in areas previously unthinkable. Can we do any less today? I
think not.
Dr. Shirley Jackson, President of Rensselear Polytechnic Institute,
warns--``There is a quiet crisis building in the United States--a
crisis that could jeopardize the Nation's pre-eminence and well-being.
The crisis has been mounting gradually, but inexorably, over several
decades. If permitted to continue unmitigated, it could reverse the
global leadership Americans currently enjoy. The crisis stems from the
gap between the Nation's growing need for scientists, engineers, and
other technically skilled workers, and its production of them. . . .
Our government, universities, and industry must act now to develop the
intellectual capital of the future.''
Today we have to choose. Either we can invest in building upon our
hard earned world technological leadership or we can abandon this
commitment, ceding it to others who are working vigilantly to push the
frontiers of space.
If we choose to lead, we must earn that leadership by committing to
confront the following challenges:
Build upon our investment in the ISS, a unique national
laboratory, and a bridge to human exploration beyond low-Earth
orbit, as we safely and efficiently bring the Shuttle era to a
close.
Accelerate with a sense of urgency the development of a next
generation launch system and human carrier to enable America
and other space-faring nations of the world to execute the
mission of expanding our human exploration beyond low-Earth
orbit.
Enhance NASA's capability and organic expertise to provide
credible scientific, technological, and engineering leadership
to help us better understand our Earth environment.
Inspire the rising generation of boys and girls to become
men and women committed to increasing knowledge in the fields
of science, technology, engineering and math (STEM) by making
NASA and its programs relevant to the American public.
Today we face a crisis of opportunity. We can either confront the
aforementioned challenges of technological leadership that ensure our
Nation's safety and security or cede that leadership and prestige to
other nations. I ask each of you to help NASA turn these challenges
into opportunities. I ask each of you on this Committee as well as your
colleagues in the Congress to help us ensure that safety and mission
success are the preeminent principles in our continuation and extension
of human exploration. And I ask all of you to help NASA ensure that our
Nation remains the leader in the world in aeronautics, technology,
science, and the care of our environment.
Together we can find innovative ways to enhance our Nation's
educational, scientific and technological capacity or we can sit by and
watch other nations assume our long-held and recognized leadership
role.
Together we can find innovative ways to enhance needed basic
research and development in aeronautics, science and technology or we
can sit by and watch other nations move ahead in these fields.
Together we can find innovative ways to advance space exploration,
reduce the costs of access to space and further push the boundaries of
what we can achieve as a Nation.
Thank you for this opportunity to appear before this Committee. I
am excited and energized about the possibility of taking on these
challenges, if confirmed, and I look forward to responding to your
questions.
______
A. BIOGRAPHICAL INFORMATION
1. Name (Include any former names or nicknames used):
Charles F. Bolden, Jr. (Charlie Bolden).
2. Position to which nominated: Administrator, National Aeronautics
and Space Administration.
3. Date of Nomination: June 22, 2009.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: 14111 Lake Scene Trail; Houston, TX 77059.
5. Date and Place of Birth: August 19, 1946; Columbia, SC.
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: Alexis W. Bolden; President; JACKandPANTHER LLC;
Houston, TX.
Children: LTCOL Anthony Che Bolden, USMC; 37 and Dr. Kelly M.
Bolden, M.D.; 33.
7. List all college and graduate degrees. Provide year and school
attended.
Bachelor of Science, U.S. Naval Academy, 1968.
Masters of Science in Systems Management, University of
Southern California, 1977.
Test Pilot Certificate, U.S. Naval Test Pilot School, 1979.
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--JACKandPANTHER, LLC, CEO, Houston, TX.
April 2003-Dec. 2004--Senior Vice President, TechTrans
International, Houston, TX.
January 2003-April 2003--President, Chief Operating Officer,
American PureTex Water Corporation, Houston, TX.
August 2002-December 2002--Terminal Leave, USMC.
August 2000-August 2002--Commanding General, 3rd Marine
Aircraft Wing (MAW), San Diego, CA.
July 1998-August 2000--Deputy Commander, U.S. Forces Japan
(USFJ), Tokyo, Japan.
February 1998-July 1998--Commanding General, I MEF (Fwd), Camp
Doha, Kuwait.
June 1997-July 1998--Deputy Commanding General (CG), I MEF,
Camp Pendleton, CA.
June 1995-June 1997--Assistant Wing Commander, 3rd MAW, MCAS,
El Toro, CA.
June 1994-June 1995--Deputy Commandant of Midshipmen, U.S.
Naval Academy, Annapolis, MD.
July 1980-June 1994--Astronaut, Astronaut Office, NASA Johnson
Space Center (JSC), Houston, TX.
January 1993-June 1994--Crewmember in training/flight
for STS-60. Served as Mission Commander with
responsibility for assignment of crew duties, overall
training of the flight crew, the safe conduct of the
mission, and the conduct of all post-flight activities
of the crew during our month-long post flight
appearances.
April 1992-January 1993--Assistant Deputy
Administrator, NASA Headquarters, Washington, D.C.
September 1988-April 1992--Crewmember in training/
flight for STS-31 and STS-45. Served as Mission
Commander for STS-45 from May 1990 through April 1992
with responsibility for assignment of crew duties,
overall training of the flight crew, the safe conduct
of the mission, and the conduct of all post-flight
activities of the crew during our month-long post
flight appearances.
February 1986-September 1988--Chief, Safety Division,
NASA JSC, Houston, TX.
December 1984-January 1986--Crewmember in training/
flight for STS-61C.
July 1981-December 1984--Astronaut support for Space
Shuttle Missions STS-4 through STS-51C.
July 1980-July 1981--Training as Astronaut Candidate.
June 1978-June 1980--Engineering Test Pilot, Naval Air Test
Center, Patuxent River, MD.
December 1968-June 1978--Pilot, U.S. Marine Corps.
June 1977-June 1978--Executive Officer, MABS-13, MCAS
El Toro, CA.
June 1976-June 1977--Assistant Operations Officer, MAG-
13, MCAS El Toro, CA.
June 1975-June 1976--Squadron pilot VMA(AW)-242, MCAS
El Toro, CA.
June 1973-June 1975--Recruiter, Officer Selection and
Recruiting Station, Los Angeles, CA.
June 1972-June 1973--A-6A Pilot, VMA(AW)-533 in Vietnam
combat operations, Nam Phong, Thailand (Served as
Maintenance Control Officer with responsibility for
preparation and flight assignment of the squadron's 12
combat aircraft each day. Also had management
responsibility for the 200+ maintenance personnel
assigned to the squadron.)
December 1970-May 1972--A-6A squadron pilot, VMA(AW)-
121, MCAS Cherry Point, NC.
June 1970-December 1970--A-6A Pilot-in-training,
VMAT(AW)-202, MCAS Cherry Point, NC.
December 1968-May 1970--Student Naval Aviator, MAD,
NATC, Pensacola, FL/NAATC, Corpus Christi, TX.
June 1968-December 1968--Marine Corps Officer Student, The
Basic School, Quantico, VA.
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.
2006-Present--Chairman, Independent Review Board, STS-125 HST
SM-4 Space Shuttle Mission, (consulting services provided under
a NASA contract with SAIC through JACKandPANTHER, LLC).
2005-Present--Member, NASA Aerospace Safety Advisory Panel.
2006-Present--Member, Directorate Review Committee, National
Ignition Facility, Lawrence Livermore National Laboratory.
2006-Present--Member, Aerospace Science Engineering Board,
National Academy of Science.
2004-2005--Member, NASA Committee on the Exploration
Transportation Systems Architecture.
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.
2008-Present--Director, St. Luke's Episcopal Hospital, Houston,
TX.
2007-Present--Director, St. Luke's Episcopal Health System,
Houston, TX.
2007-Present--Director, South Carolina Blue Cross Blue Shield,
Columbia, SC.
2007-Present--Director, Camp Allen, Navasota, TX.
2006-Present--Director, Bristow Group Inc., Houston, TX.
2006-Present--Director, DetectaChem, Inc., Houston, TX.
2006-Present--Board President, Sickle Cell Association of the
Texas Gulf Coast, Houston, TX.
2005-Present--Member, Directorate Review Committee, National
Ignition Facility, Lawrence Livermore National Laboratory,
Livermore, CA.
2005-Present--Chief Executive Officer, JACKandPANTHER, Houston,
TX.
2004-Present--Director, National Space Biomedical Research
Institute, Houston, TX.
2004-2008--Director, GENCORP Inc., Sacramento, CA.
2004-2007--Director, Palmetto Government Benefit Associates,
Columbia, SC.
2004-Present--Director, Military Child Education Coalition,
Harker Heights, TX.
2003-Present--Trustee, University of Southern California, Los
Angeles, CA.
2004-Present--Member, Episcopal Diocese of Texas Commission on
Black Ministry, Houston, TX.
2003-2007--Member, Episcopal Diocese of Texas Commission on
Ministry, Houston, TX.
2003-2007--Director, Tailhook Education Foundation, San Diego,
CA.
2003-2007--Director, Family Literacy Foundation, San Diego, CA.
2003-Present--Director, Marathon Oil Corporation, Houston, TX.
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.
2006-Present--Board President, Sickle Cell Association of the
Texas Gulf Coast.
2006-Present--Sigma Pi Phi Fraternity (limited to men).
2004-Present--Director, Military Child Education Coalition.
2003-Present--Trustee, University of Southern California.
2004-Present--Member, Episcopal Diocese of Texas Commission on
Black Ministry (although participation in Holy Communion and
certain other programs of the Episcopal Church is limited to
baptized persons, attendance at Episcopal worship services is
open to all).
2003-2007--Member, Episcopal Diocese of Texas Commission on
Ministry (see note above on Episcopal Church).
2003-2007--Director, Tailhook Education Foundation.
2003-2007--Director, Family Literacy Foundation.
1983-Present--Omega Psi Phi Fraternity (limited to men).
1980-Present--Member, Brotherhood of St. Andrew (An Episcopal
Church program whose membership is traditionally Christian men,
but not exclusively. Women traditionally participate in a
sister organization, the Daughters of the King.)
1977-Present--Member, University of Southern California General
Alumni Association.
1975-Present--Member, Marine Corps Aviation Association.
1975-Present--Member, Montford Point Marine Association.
1968-Present--Member, Naval Academy Alumni Association.
1964-Present--National Association for the Advancement of
Colored People (NAACP).
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.
Gene Locke Houston Mayoral Campaign, 2009, $500.
Barack Obama Presidential Campaign, 2008, $750.
James Webb, U.S. Senate Campaign (Virginia), 2006, $1,000.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Recipient of the Defense Superior Service Medal (2003).
Defense Meritorious Service Medal (2nd Award) (1995).
Distinguished Flying Cross (1990).
Air Medal (1972).
Strike/Flight Medal (8th award) (1972-73).
Honorary Doctor of Science Degree from the University of South
Carolina (1984).
Honorary Doctor of Humane Letters from Winthrop College (1986).
Honorary Doctor of Humane Letters from Johnson C. Smith
University (1990).
Yuri A. Gagarin Gold Medal, Federation Aeronautique
Internationale (1994).
Honorary Doctor of Science from San Diego State University
(2002).
Honorary Doctor of Science from Rensselaer Polytechnic
Institute (2008).
NASA Outstanding Leadership Medal (1992).
NASA Exceptional Service Medals (1988, 1989, and 1991).
University of Southern California Alumni Award of Merit (1989).
University of Southern California Asa V. Call Alumni Award
(2003).
South Carolina State Hall of Fame (1999).
South Carolina Aviator of the Year (1996).
South Carolina Aviation Hall of Fame (1996).
Richland County (SC) School District One Hall of Fame (2001).
Inducted into U.S. Astronaut Hall of Fame (2006).
Harvard University Advanced Leadership Fellow (2008-Present).
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.
``Why Claim to Be An Episcopalian,'' Texas Episcopalian, 2007.
``The Legacy of Captain Cliff Branch, USMC,'' Naval Institute
Proceedings, 2005.
Contributor to several National Research Council (NRC) Reports.
Navy's Needs in Space for Providing Future
Capabilities, Committee on the Navy's Needs in Space
for Providing Future Capabilities, Naval Studies Board,
NRC, March 2004.
2003 Assessment of the Office of Naval Research's
Marine Corps Science and Technology Program, Committee
for the Review of ONR's Marine Corps Science and
Technology Program, Naval Studies Board, NRC, March
2004.
Assessment of Options for Extending the Life of the
Hubble Space Telescope, Committee on the Assessment of
Options for Extending the Life of the Hubble Space
Telescope, SSB, ASEB, NRC, October 2004.
As noted in response to Question 10, I participated on the NASA
Committee on the Exploration Transportation Systems
Architecture, which addressed the Exploration Transportation
Systems Strategic Roadmap and was expected to issue a written
report. However, the Committee was discontinued at the
direction of the NASA Administrator prior to completion of its
work.
During the period 1981-1994, while an active astronaut, I
routinely made numerous presentations to school groups,
business groups, and the general public about the Space Shuttle
Program. I also participated in press conferences and media
interviews in conjunction with my spaceflight activities.
Since leaving the Astronaut Office and NASA in June 1994, I
have continued to make presentations to general audiences. My
public presentations do not generally address national space/
aeronautics policy or law. With rare exception, my
presentations are without formal written notes, though I
sometimes have used PowerPoint slides of photos taken during my
four Space Shuttle missions or missions to the ISS. My recent
speeches to general audiences include:
May 14, 2009, Speaker at Texas A&M Commencement
Convocation, College Station, TX.
May 15, 2009, Speaker at MacGregor Elementary School,
Houston, TX.
May 20, 2009, Speaker at South Carolina State Museum,
``Windows in New Worlds'' Project benefit dinner,
Columbia, SC.
May 27, 2009, Speaker at Baylor College of Medicine
Graduation, Houston, TX.
June 1, 2009, Speaker at Monday Connection Luncheon
Series, Episcopal Theological Seminary of South Austin,
TX.
June 4, 2009, Speaker at 3D Mathematics Academy
Graduation, Prairie View, TX.
June 5, 2009, Speaker at Eighth Grade Graduation,
Bolden Elementary/Middle School, MCAS Beaufort,
Beaufort, SC.
June 5, 2009, Speaker at DARE Graduation, DOD Schools,
MCAS Beaufort, Beaufort, SC.
June 5, 2009, Presenter at Professional Military
Education, Officers and Senior Enlisted, MCAS Beaufort,
Beaufort, SC.
Remarks to students and others in Beijing, China in 2005 at
Sino-American Aviation Heritage Foundation. (The presentation
was a joint address to the International Conference of the
Young Astronauts with COL Yang Li We (first Chinese astronaut
in space), BGEN Charlie Duke, USAF (Ret.) (US Moonwalker), and
Dr. Mae Jemison, MD (US and first African-American woman in
space.)) The visit included five Chinese cities in which their
major aeronautics universities are located--Beijing, Shanghai,
Chongching, Xian, Nanjing--and I spoke in each city to a
variety of groups from elementary schools to professional
engineering groups. I was also a guest commentator for Chinese
TV during the launch of STS-110 returning to space following
the loss of Columbia. Officials from the Chinese Society of
Astronautics and the Chinese Astronaut Research and Training
Center also briefed us on the progress of the Chinese human
space flight program.
I have made similar presentations as above in Japan, South
Africa, Korea, Thailand, Costa Rica, Russia, Scotland and
elsewhere when requested to do so in the course of otherwise
unrelated visits to these countries. Organizations frequently
make requests for presentations on human space exploration when
they learn of my background. I do not have specifics on any of
these presentations since they were frequently unplanned prior
to the visits and I used no notes.
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 Science and Technology Committee, Hearing on Results of
Space Shuttle Flight 61-C, September 23, 1986.
House Science, Space and Technology Committee Hearing on
Results of the Flight of Space Mission STS-31, May, 23, 1990.
House Committee on Science Hearing on Options for Hubble
Science, February 2, 2005.
Senate Subcommittee on Science and Space Hearing on Outside
Perspectives on NASA Budget and Programs, June 7, 2006.
I have also interacted with Congress outside of formal hearings
on various occasions, including but not limited to post-flight
briefs after STS-45 in 1992.
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 educational background is in the field of engineering and
science with training and experience as a Naval Test Pilot as well as
practical experience as a NASA Astronaut and Assistant Deputy
Administrator. I have also had more than 34 years of leadership and
management experience as a U.S. Marine Corps Officer. Since my
retirement from active service in the Marine Corps, I have continued to
be actively involved with critical issues of NASA through my
participation as a member of the Aerospace Safety Advisory Panel
(ASAP), a Congressionally-mandated panel charged with providing
independent safety oversight and counsel to the NASA Administrator, the
Congress, and the Administration. I also chaired the Independent Review
Board charged with oversight of the STS-125 Hubble Space Telescope
Servicing Mission, the fourth Hubble servicing mission, which was
successfully completed in May of this year.
I desire to serve as the NASA Administrator because it will afford
me an opportunity to lead the Agency at a critical juncture in the
technological history of this Nation. We have allowed our leadership in
the fields of aeronautics and science to atrophy to an unacceptably low
level. The President has laid out a national vision for restoring our
collective national excellence in education, science, technology,
engineering, and math. I hope to do my part by working with and leading
the entire NASA family with my vision and inspirational skills.
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?
If confirmed as the NASA Administrator, my responsibilities will
include overseeing the development and execution of the Agency's
strategic plan in coordination with the goals of the President and his
science and technology advisors. It will also be critical that I
assemble and develop a leadership team in partnership with the NASA
Deputy Administrator that can be entrusted with refining our management
and oversight of the Agency's programs. The Agency must present
relevant and reliable program plans to the Administration, Congress,
and the American public as it examines restructuring, personnel
management and assignment, and cost and schedule refinement. If
confirmed, it will be my responsibility to ensure efficient and
effective execution of these plans once approved and funded. I have
extensive experience in managing large organizations. From 1997 through
2002, I held several positions as a Marine Corps general officer in
which I served as the Commanding General or Deputy Commander for
organizations of 200-17,000 service members. I also served as Assistant
Deputy Administrator for NASA from April 1992 through January 1993.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
The number one challenge for the Agency will be to safely bring the
Shuttle Program to a close while safely ramping up the Constellation
Program to enable the Nation to expand our human exploration beyond
low-Earth orbit. This must be accomplished with minimal gap in our
domestic U.S. capability to put humans and cargo into space. These
efforts will be critical to maintaining our leadership in the world
among space-faring nations as well as ensuring that we can inspire a
new generation of explorers here in the U.S. and around the world.
A second critical challenge will be to provide the scientific
leadership necessary to better understand our Earth environment. NASA
must be able to work with national and international environmental
science communities to identify and quantify the threats to Earth's
health, and lead in the development of mitigating actions to deal with
those threats. NASA, in conjunction with related Government agencies,
must move with urgency to provide adequate and accurate space-based
sensors that will provide reliable data to national decisionmakers
dealing with the natural and man-made mechanisms controlling Earth's
climate system.
A third critical challenge will be to make NASA and its programs
relevant to the American public in a way that inspires young boys and
girls, men and women, to become hungry for knowledge in the fields of
science, technology, engineering and math (STEM). NASA must find
innovative ways to challenge the country to view excellence in the STEM
fields as a national imperative.
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 a deferred compensation arrangement with Marathon Oil listed
on my SF-278 that will be concluded upon receipt of Marathon stock and
a cash payment owed shortly after I resign from the Marathon Oil board.
I have a benefit from my service as a director for Blue Cross Blue
Shield of South Carolina listed on my SF-278 under which I will
continue to receive payments for a long-term care policy for my wife
and me.
I receive military retirement pay for my Marine Corps service.
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. None.
3. Indicate any investments, obligations, liabilities, or other
relationships that 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 NASA'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 NASA'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 NASA'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 NASA'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.
During the last 10 years, I have continued to advance the
principles for which NASA was established and have worked to increase
public support for NASA. In addition to the interactions with Congress
described in my response to Question A17, I have continued this work
through various means, including:
a. My work as a member of NASA's Aerospace Safety Advisory
Panel (ASAP) (2005-Present).
b. My work as a member of the Aerospace Science Engineering
Board of the National Academy of Science (2006-Present).
c. My services as Chair of the Independent Review Board
established by NASA for the STS-125 HST SM-4 Space Shuttle
Mission (2006-Present).
d. My work as a member of the Directorate Review Committee for
the National Ignition Facility, Lawrence Livermore National
Laboratory (2006-Present).
e. My work as a member of NASA's Committee on the Exploration
Transportation Systems Architecture (2004-2005, see response to
Question A16).
f. My contribution to National Research Council (NRC) reports
concerning options for extending the life of the Hubble
telescope as well as national defense related capabilities
(2004, see response to Question A16).
g. My public speaking activity addressed in response to
Question A16, through which I have educated audiences about
NASA missions.
In 2005, at the request of the NASA Administrator, I visited with
members of the House and Senate as well as their staffs to describe the
emerging launch vehicle system for the NASA Constellation Program. I
attempted to explain the differences, advantages and disadvantages of
candidate launch systems (Atlas, Delta, ARES, etc.) and answer any
questions. This was erroneously reported on ATK's annual report of
lobbyists to the U.S. Senate. The error was later corrected and my name
was removed from the list.
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 NASA'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 NASA'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.
Yes. As a brand new second lieutenant in the Marine Corps following
graduation from the U.S. Naval Academy (June 1968), my wife and I were
guests of my uncle in Myrtle Beach, South Carolina, as a wedding
present. While vacationing in Myrtle Beach, my uncle was involved in an
auto-pedestrian accident in which the car he was driving hit a man
crossing the street. The victim turned out to be a close friend of his
and my uncle and I went to the local hospital to check on the condition
of the friend. Upon asking a nurse on duty about the friend, we were
told that we could not be told anything about the patient. We tried to
explain the circumstances of the relationship between my uncle and the
victim to no avail. I demanded to see a doctor or other supervisory
official after continued resistance from the staff to provide us with
information. Unknown to us, the Myrtle Beach Police had been called to
the hospital because of our persistence and refusal to leave until we
knew about the status of my uncle's friend. Upon arrival at the
hospital, one of the policemen evidently felt that I was a threat to
the safety of the nurse, so he drew his nightstick and struck me in the
head from behind knocking me to the floor as he uttered a threatening
racial epithet. At that time, my uncle and I were handcuffed and
arrested for disturbing the peace. Once at the police station, it was
determined that I was a Marine Corps officer when I demanded to make a
call to the Civil Rights Division at Fort Jackson in Columbia, SC and
produced my military ID card. The police offered to release me, but I
refused to leave, until and unless, my uncle was also released. We both
ended up spending the night in jail before my parents arrived the next
morning and negotiated our release. To my knowledge, no charges were
ever filed.
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 filed suit in 1978 in small claims court in St. Mary's County,
MD, because the home I purchased had a defective septic tank that the
owner did not disclose at the time of sale. The defendant was ordered
to pay for half the costs of the repair.
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 I will.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistleblowers from reprisal for
their testimony and disclosures? Yes I will.
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 I
will.
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 I will.
______
RESUME OF CHARLES F. BOLDEN, JR.
Experience
2005-Present, JACKandPANTHER LLC, CEO, Houston, TX.
Lead the independent oversight of the planning and preparation
for NASA's Space Shuttle Mission STS-125 Hubble Space Telescope
Servicing Mission--4 (HST SM-4) as Chairman of the HST SM-4
Independent Review Board (performed through a contract with
SAIC, Inc.).
Advised the NASA Administrator on matters pertaining to safety
and mission assurance of NASA programs as member of the NASA
Aerospace Safety Advisory Panel (performed in my personal
capacity as a Special Government Employee).
Provide consulting services in leadership, military, and
aerospace issues as well as motivational speaking.
Apr 2003-Dec 2004, TechTrans International, Senior VP, Houston, TX.
Led the company in diversifying its client base and decreasing
its dependence on NASA contracts from 95 percent of revenues to
78 percent.
Developed business portfolio to increase annual revenues from
$15M to $26M during period of employment.
Jan 2003-Apr 2003, American PureTex Water Corporation, Pres/COO,
Houston, TX.
Unsuccessful in effort to raise operating capital for this
startup company.
Aug 2002-Dec 2002, Terminal Leave USMC, Houston, TX.
Aug 2000-Aug 2002, 3rd Marine Aircraft Wing (MAW), Commanding
General, San Diego, CA.
Oversaw the training, preparation, and combat operations of
16,000+ Marines and sailors and 400+ aircraft of the aviation
combat element of the 1st Marine Expeditionary Force (I MEF) in
support of Operation Enduring Freedom in Afghanistan.
Instituted a campaign plan, ``Putting Marines First", to
provide for the mentorship, wellness, and community outreach
efforts of Marines and families of 3rd MAW.
Implemented a 3rd MAW safety campaign that reduced major ground
and aircraft accidents to zero from a record high in the prior
year.
Jul 1998-Aug 2000, U.S. Forces Japan (USFJ), Deputy Commander,
Tokyo, Japan.
Co-Chaired the Japan-U.S. Joint Committee with responsibility
for oversight/maintenance of the U.S.-Japan Mutual Defense
Treaty.
Led renegotiation of the $5B Host Nation Support funding from
the government of Japan for the operations of U.S. forces in
Japan.
Feb 1998-Jul 1998, I MEF (Fwd), Commanding General, Camp Doha,
Kuwait.
Directed combat preparation for U.S. Marine forces assigned to
Coalition Joint Task Force, Kuwait.
Advised Commander Coalition Joint Task Force on capabilities
and employment of U.S. Marine Corps forces.
Jun 1997-Jul 1998, I MEF, Deputy Commanding General (CG), Camp
Pendleton, CA.
Certified West Coast Marine Expeditionary Units (MEU) for
special operations capable missions.
Assisted Commanding General I MEF (Fwd), with oversight of the
planning and training of Marine forces for combat operations in
support of the Combatant Commanders in the U.S. Pacific
Command, U.S. Central Command, and Combined Forces Command,
Korea.
Jun 1995-Jun 1997, 3rd MAW, MCAS, Assistant Wing Commander, El
Toro, CA.
Assisted the CG 3rd in the training, preparation, and
deployment of Marines and sailors assigned to the Wing.
As senior Marine Corps officer aboard the Naval Air Station
Miramar in San Diego, CA, oversaw the transition of the base
from Navy to Marine Corps control.
Effected liaison with the San Diego business and community
leaders to improve acceptance of Marine Corps presence in
Greater San Diego.
Jun 1994-Jun 1995, U.S. Naval Academy, Deputy Commandant of
Midshipmen, Annapolis, MD.
Assisted the Commandant of Midshipmen in planning, organizing,
and overseeing the military and professional training of the
members of the 4000-person Brigade of Midshipmen.
Assisted in the institution of the Character Development
Department as an integral part of the development of Midshipmen
for leadership in the U.S. Navy and Marine Corps.
Oversaw the integration of Senior Enlisted Advisors as part of
the military training and mentorship for members of the
Brigade.
Jul 1980-Jun 1994, Astronaut Office NASA Johnson Space Center,
Astronaut, Houston, TX.
Jan 1993-Jun 1994, Crewmember in Training/Flight for STS-60,
Houston, TX.
Commanded the first joint U.S.-Russian Space Shuttle Mission
conducting joint U.S.-Russian medical experimentation;
responsible for the planning, training, and conduct of the
mission by a seven-member international crew.
Apr 1992-Jan 1993, NASA Headquarters, Assistant Deputy
Administrator, Washington, D.C.
Oversaw the budget restructuring and program reprioritization
of major programs for the National Aeronautics and Space
Administration (NASA).
Served as principal liaison between NASA and the U.S. House and
Senate oversight and authorization committees.
Sep 1988-Apr 1992, Crewmember in Training/Flight for STS-31 and
STS-45, Houston, TX.
Served as Mission Commander for STS-45 from May 1990 through
April 1992 with responsibility for assignment of crew duties,
overall training of the flight crew, the safe conduct of the
mission, and the conduct of all post-flight activities of the
seven-member international crew during our month-long post-
flight appearances.
Commanded the first NASA space laboratory mission dedicated to
the study of Earth's atmosphere.
Assisted in the deployment of the Hubble Space Telescope from
the Space Shuttle Discovery.
Feb 1986-Sep 1988, Safety Division NASA Johnson Space Center,
Chief, Houston, TX.
Executed reorganization of Safety Division and oversaw return-
to-flight effort for the Space Shuttle Program following the
loss of the Space Shuttle Challenger in January 1986.
Dec 1984-Jan 1986, Crewmember in Training/Fight for STS-61C.
Jul 1981-Dec 1984, Astronaut Support for STS-4 through STS-51C,
Houston, TX.
Jul 1980-Jul 1981, Training as Astronaut Candidate, Houston, TX.
Jun 1978-Jun 1980, Naval Air Test Center, Engineering Test Pilot,
Patuxent River, MD.
Developed test plans, conducted test flights, performed data
processing and test report publication for several major
ordnance systems for U.S. Naval service and NATO aircraft.
Dec 1968-Jun 1978, U.S. Marine Corps, Pilot.
Flew as pilot of the A-6A/E ``Intruder'' all-weather attack
aircraft including one year combat tour in Vietnam Conflict
(1972-73).
Jun 1977-Jun 1978, MABS-13, Marine Corps Air Station, Executive
Officer, El Toro, CA.
Jun 1976-Jun 1977, MAG-13, Marine Corps Air Station, Assistant
Operations Officer, El Toro, CA.
Jun 1975-Jun 1976, VMA(AW)-242, Marine Corps Air Station, Squadron
Pilot, El Toro, CA.
Jun 1973-Jun 1975, Officer Selection and Recruiting Station,
Recruiter, Los Angeles, CA.
Led the Nation in recruiting of young men and women for service
in the U.S. Marine Corps.
Led nationwide effort to increase number of minority officers
for U.S. Marine Corps.
Jun 1972-Jun 1973, VMA(AW)-533, A-6A Pilot in Vietnam Combat
Operations, Nam Phong, Thailand.
Served as Maintenance Control Officer with responsibility for
preparation and flight assignment of the squadron's 12 combat
aircraft each day.
Also had management responsibility for the 200+ maintenance
personnel assigned to the squadron.
Dec 1970-May 1972, VMA(AW)-121, Marine Corps Air Station, A-6A
Squadron Pilot, Cherry Point, NC.
Jun 1970-Dec 1970, VMAT(AW)-202, MCAS, A-6A Pilot-in-training,
Cherry Point, NC.
Dec 1968-May 1970, Student Naval Aviator, MAD, NATC, Pensacola, FL;
Corpus Christi, TX.
Jun 1968-Dec 1968, The Basic School, Marine Corps Officer Student,
Quantico, VA.
Organizations
2007-Present, Director, St. Luke's Episcopal Health System,
Houston, TX.
2007-Present, Director, South Carolina Blue Cross Blue Shield,
Columbia, SC.
2006-Present, Director, Bristow Group Inc., Houston, TX.
2006-Present, Sigma Pi Phi Fraternity, Atlanta, GA.
2006-Present, Director, DetectaChem, Inc., Houston, TX.
2006-Present, Board President, Sickle Cell Association of the
Texas Gulf Coast, Houston, TX.
2005-Present, Member, National Ignition Facility Directorate
Review Committee, Livermore, CA.
2004-Present, Director, National Space Biomedical Research
Institute, Houston, TX.
2004-2008, Director, GENCORP Inc., Sacramento, CA.
2004-2006, Director, Palmetto Government Benefit Associates,
Columbia, SC.
2004-Present, Director, Military Child Education Coalition,
Harker Heights, TX.
2003-Present, Trustee, University of Southern California, Los
Angeles, CA.
2004-Present, Member, Episcopal Diocese of Texas Commission on
Black Ministry, Houston, TX.
2003-2007, Member, Episcopal Diocese of Texas Commission on
Ministry, Houston, TX.
2003-2007, Director, Tailhook Education Foundation, San Diego,
CA.
2003-2007, Director, Family Literacy Foundation, San Diego, CA.
2003-Present, Director, Marathon Oil Corporation, Houston, TX.
1983-Present, Omega Psi Phi Fraternity, Atlanta, GA.
1977-Present, Member, University of Southern California General
Alumni Association, Los Angeles, CA.
1975-Present, Member, Montford Point Marine Association,
Washington, D.C.
1968-Present, Member, Naval Academy Alumni Association,
Annapolis, MD.
1964-Present, National Association for the Advancement of
Colored People (NAACP), Washington, D.C.
Education
2008-Present, Harvard University, Advanced Leadership Fellow,
Cambridge, MA.
1978-1979, U.S. Naval Test Pilot School, Certificate, Patuxent
River, MD.
1973-1977, University of Southern California, MSSM, Los
Angeles, CA.
1964-1968, U.S. Naval. Academy, B.S., Annapolis, MD.
1960-1964, C. A. Johnson High School, Diploma, Columbia, SC.
Personal
Born August 19, 1946 in Columbia, South Carolina. Married to the
former Alexis (Jackie) Walker of Columbia, South Carolina; two children
and three grandchildren. He enjoys golf, bicycling, and motorcycle
riding. Both parents, Mr. Charles F. Bolden, Sr. and Mrs. Ethel M.
Bolden of Columbia, SC were career educators and are deceased.
Special Honors
Recipient of the Defense Superior Service Medal, the Defense
Meritorious Service Medal, the Distinguished Flying Cross, the Air
Medal, the Strike/Flight Medal (8th award). Received Honorary Doctor of
Science Degree from the University of South Carolina (1984), Honorary
Doctor of Humane Letters from Winthrop College (1986), Honorary Doctor
of Humane Letters from Johnson C. Smith University (1990), Honorary
Doctor of Science from San Diego State University (2002), and Honorary
Doctor of Science from Rensselaer Polytechnic Institute (2008).
Recipient of the NASA Outstanding Leadership Medal (1992), NASA
Exceptional Service Medals (1988, 1989, and 1991), the University of
Southern California Alumni Award of Merit (1989), and the University of
Southern California Asa V. Call Alumni Award (2003). A past inductee
into the South Carolina State Hall of Fame, the South Carolina Aviation
Hall of Fame, and the Richland County (SC) School District One Hall of
Fame. Inducted into the U.S. Astronaut Hall of Fame in May 2006.
The Chairman. Thank you.
Ms. Garver.
STATEMENT OF LORI B. GARVER,
DEPUTY ADMINISTRATOR-DESIGNATE, NASA
Ms. Garver. Thank you, Chairman Rockefeller, Ranking Member
Hutchison, and Members of the Committee.
I am honored to appear before you today as President
Obama's nominee for the position of Deputy Administrator of
NASA. I would like to thank Senator Stabenow for her kind
introduction earlier and to Senator Nelson for your remarks and
support. It was wonderful to work with you on the campaign and
the transition.
A few of my Michigan relatives are here with me, although
they had to stand in line with the 60 South Carolinians. My
mother, Peggy Garver and my uncle, Dick Allen, along with my
husband, David and our sons, Wesley and Mitchell.
I would also like to give a shout-out to my women in
aerospace, colleagues who I worked with for 20 years, as well
as my friends, the McLean desperate housewives, who also have
been waiting in the hall a couple of hours.
I was raised in Michigan by a family who considered public
service an expectation, similar to what you said, Mr. Chairman.
My grandfather and uncle were both farmers, and spent a
combined 24 years in the State House and Senate. I have been in
campaign parades for them since before I could walk, and, I
took a semester off of college to work on one of my uncle's two
bids for Congress.
When I graduated from college, although I had never been to
Washington, I moved here to try and make a contribution.
Working for John Glenn, my first job exposed me to space policy
and to NASA. For me, space offered the challenge of a
generation who had grown up with Apollo. Space development
opened up instantaneous worldwide communications that helped
bring an end to the Cold War, the greatest geopolitical
challenge of the time.
This exposure led me to my Master's degree in space policy
and to the National Space Society, where I developed my belief
that the space program is for all of us. Our government space
program must be responsive to the American taxpayer in order to
be meaningful and sustainable.
This understanding only deepened during my 5 years working
on communications and policy at NASA and exposed me to the
incredible talent of the NASA workforce. The unbelievable
achievements of this team over its 50-year history are
unmatched.
The last 8 years of my career have been spent working in
the commercial sector with aerospace industry, and this
experience has taught me that the incredible talent and
dedication of the workforce not only resides at NASA, but also
within private industry.
President Obama has promised to lead our government to a
direction to make it work as effectively as it can for the
American people. Every aspect of NASA's program can and should
contribute in this way. NASA helps lead the world in scientific
understanding of our planet, our solar system and our place in
the universe.
Human spaceflight is a symbol of U.S. leadership and
technological advancements. I believe we can and should do more
to share this amazing chapter of space exploration with the
public. And thus, when NASA has led to new industries entirely
independent from government funding, they have contributed
greatly to the U.S. economy over the past half century. One of
the most visible of these successful industries is aeronautics.
NASA research has contributed much to this global industry, and
I believe we can and should do more.
I am excited about the opportunity to serve under Charlie
Bolden's leadership. We have spent the last few months
discussing how we could better address these challenges, if we
are indeed confirmed. We have appreciated our meetings with
many of you, hearing your ideas and concerns, and it would be
an honor to work together toward our common goals.
It has been many years since I lived in Michigan. My most
recent years have been spent in Virginia raising our two boys.
I have tried to be an example to them, to develop their passion
for service. So far, Wes plans to broker world peace and Mitch
hopes to discover a cure for cancer. With your support, I would
like to get to work at NASA doing what we can to help address
both of these challenges and so many others.
Thank you for the opportunity to share these thoughts with
you, and I look forward to your questions.
[The prepared statement and biographical information of Ms.
Garver follows:]
Prepared Statement of Lori B. Garver,
Deputy Administrator-Designate, NASA
Mr. Chairman, Ranking Member Hutchison, Members of the Committee,
thank you. I am honored to appear before you today as President Obama's
nominee for the position of Deputy Administrator of the National
Aeronautics and Space Administration, NASA. I would like to thank
Senator Stabenow for her support and for her kind introduction today.
Many of my Michigan relatives are with me today, including my mother
and my uncle, my husband David, and my sons, Wesley and Mitchell.
I was raised in Michigan by a family who considered public service
an expectation. My grandfather, a farmer, spent 12 years in the State
Legislature. My uncle, a veterinarian and farmer, followed in his seat
and served a combined 12 years in the State House and Senate. I have
been in campaign parades with them before I could walk and I took a
semester off of college to work on one of my uncle's two bids for
Congress. Both of my parents, my sister, aunts, uncles and grandparents
are teachers--another honored service contribution. I met my husband on
an early political campaign and before he got the space bug, he was
also a teacher. It has been my experience that most people who choose
public service, do so as a contribution to Society and because they
believe part of life's purpose is to leave things better than we found
them. For me, space and politics have been that service and my calling
for the past 25 years.
When I graduated from college, I had never stepped a foot in the
Nation's capital, but largely because of this upbringing, I drove
across the country to come here to try to make a contribution. My first
job in Washington, working for John Glenn's Presidential campaign, led
to my early exposure to the space program. It didn't take long for me
to be ``hooked''. For me, space offered the challenge of a generation
who had grown up with Apollo. Space development opened up instantaneous
worldwide communication that helped bring an end to the Cold War--the
biggest geopolitical challenge of the time. I believe that space
exploration helps bring us together as a collective human society.
Astronauts, cosmonauts and taikonauts alike all remark on the unifying
view from space and their changed perspective upon return. It was no
coincidence that the first Earth Day was in 1970--following humanity's
first tentative steps on another celestial body and the iconic
photograph of Earth Rise from the Moon taken by the Apollo 8 crew.
This exposure led to my Master's degree in space policy and to the
National Space Society where I worked for 13 years--9 as Executive
Director. NSS is a not-for-profit grass-roots space advocacy
organization. This experience embedded my belief that the space program
is for all of us. Our government space program must be responsive to
American tax-payers in order to be meaningful and sustainable. This
understanding only deepened during my 5 years working on communications
and policy at NASA. My NASA experience exposed me to the incredible
talent of the NASA workforce. The unbelievable achievements of this
team over its 50-year history are unmatched.
The last 8 years of my career have been spent working in the
commercial sector, with aerospace industry. This experience has taught
me that the incredible talent and dedication of the workforce not only
resides at NASA, but also in private industry. During this time, one
commercial project led me to Russia, where I began medical testing and
training for a commercially-sponsored Soyuz flight to the International
Space Station (ISS). I developed the project to utilize the unique
opportunity of space tourism and commercial investment to help educate
the public about the amazing achievements and capability of the ISS. At
the time, our boys were ages 10 and 8 and we planned for them to stay
with us in Star City for part of the training. The project, called
``Astromom'' was about better communicating the excitement of space
exploration to the general public, with the Discovery Channel filming
my experience. Although ultimately unsuccessful, it was a life
experience that taught me about international and commercial
partnerships, their possibilities and their limitations.
The NASA family is its most valuable resource and I am humbled by
this opportunity to return in a leadership position. President Obama
has promised to lead our government in a direction to make it work as
effectively as it can for the American people. NASA must also continue
to demonstrate its relevance, as a source of solutions for the problems
we all face today. Every aspect of NASA's programs can contribute in
this way:
NASA helps lead the world in scientific understanding of our
planet, our solar system and our place in the universe. What parent
doesn't thrill at their children's first questions about the night sky?
Walk through elementary schools today and look at the art on the walls
that includes depictions of the planets (with or without Pluto--
depending on your age) and images from the Hubble Space Telescope. No
matter how you feel about a cap and trade system, most of us agree that
many scientific measurements of planetary climate change can uniquely
be made from space, and should be expanded.
Human spaceflight is a symbol of U.S. leadership and technological
advancement. Depending on your age, different space exploration
milestones are binding memories of society. For many of us, the Moon
landings and Apollo-Soyuz. For some of us--Sally Ride's first flight,
or Guy Bluford's. Why is it that universally, Americans can tell you
where they were when they heard about the Space Shuttle accidents? I
believe it is because space exploration represents the best in all of
us. Our hearts and minds are a part of every mission. I believe we can
and should do more to share this amazing chapter of space exploration
with the public.
Space exploration and cooperation on the International Space
Station have opened up new relationships that continue to provide
tremendous value to society. Expanded cooperative activities in robotic
and human spaceflight should be considered.
Jake Garn used to have a great line about spending money in space.
He said, ``You know--you can't spend money in space--I didn't bring my
wallet, as there is nothing to buy.'' The half of a percent of the
Federal budget that we spend on space today is spent right here on
Earth, employing our critical scientific and technological workforce.
The Nation's investment in NASA has helped create a private sector
workforce at least 10 times as large as the civil servant workforce. In
addition, investment in NASA has led to new industries entirely
independent from government funding that have contributed greatly to
the U.S. economy over the past half century. I believe that a key role
of NASA is to continue investing in programs and technologies that have
the potential to develop into independent commercial industries of the
future.
One of the most visible of these successful industries is aviation
and aeronautics. NASA (and its predecessor, NACA) research has
contributed much to this global industry. Recent NASA research has
helped reduce fuel consumption and noise in commercial and military
aircraft and helped improve safety and efficiency. Yet--there is much
more to be done. I believe NASA can and should do more to assist this
critical industry to become leaders in green aviation and to improve
aviation system efficiency.
I am confident that NASA can address these critical challenges. I
am excited about the opportunity to return to NASA in this leadership
position, if confirmed. I'm also excited about the opportunity to serve
under Charlie Bolden's leadership. We've spent the last few months
discussing how we could better address these challenges, if we are
given the opportunity. We've spent hours in meetings with many of you,
listening to your ideas and concerns and it would be an honor to work
together toward our common goals.
It has been many years since I lived in Michigan. My most recent
years have been spent in Virginia, raising our two boys. I've tried to
be an example to my boys, to help them develop a passion for service.
So far, Wes plans to broker world peace and Mitch hopes to discover a
cure for cancer. With your support, I'd love to get to work at NASA
doing what we can to help address both of those challenges and so many
others.
Thank you for the opportunity to share these thoughts with you. I
look forward to your questions.
______
A. BIOGRAPHICAL INFORMATION
1. Name (Include any former names or nicknames used): Lori Beth
Garver.
2. Position to which nominated: Deputy Administrator, National
Aeronautics and Space Administration.
3. Date of Nomination: June 22, 2009.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: The Avascent Group, 1225 Eye Street, NW, Washington, DC
20005.
5. Date and Place of Birth: May 22, 1961; Lansing, Michigan.
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: David William Brandt--Business Development Analysis
Manager, Lockheed Martin Corporation; children: Wesley Garver
Brandt, age 17; Mitchell Garver Brandt, age 14.
7. List all college and graduate degrees. Provide year and school
attended.
The Colorado College (1979-1983)--BA, 1983.
The George Washington University (1987-1989)--MA, 1989.
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.
Staff Assistant--John Glenn Presidential Campaign, (1983-1984).
Program Director, National Space Society (1984-1987) (National
Space Institute until 1986).
Lobbyist (part time)--SpaceCause (1987-1988).
Executive Director--National Space Society (1987-1996) [Mgmt.].
Special Assistant for Communications to the Administrator--NASA
(1996-1997) [Mgmt.].
Senior Policy Analyst--NASA (1997-1998) [Mgmt.].
Associate Administrator, Policy and Plans--NASA (1998-2001)
[Mgmt.].
Vice President--DFI International (2001-2003) [Mgmt.].
President--Capital Space (2001-present).
Consultant--The Avascent Group (formerly DFI International)
(2003-Present).
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.
Aerobics Instructor--Fairfax County Government (local rec
center) (2002-2007).
National Aeronautics and Space Administration--Consultant
through the Avascent Group (2006-2008).
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.
Capital Space, LLC President (2001-Present).
The Avascent Group (formerly DFI International)--Consultant,
(2003-Present).
DFI International--Vice President (2001-2003).
The Planetary Society--Consultant (2004-2008).
The Johns Hopkins University, APL--Advisor (2005-2009).
An Exhibition Group--Consultant (2001-2008).
Ironsclad Solutions--Consultant (2007-2008).
The Futures Channel--Consultant (2006-2008).
Harmonic International--Consultant (2003-2008).
GPS Solutions--Consultant (2006-2007).
Kistler Aerospace--Consultant (2002-2005).
Honeywell International--Consultant (2003-2004).
The Boeing Company--Consultant through the Avascent Group
(2002-2008).
Ball Aerospace--Consultant through the Avascent Group (2003-
2007).
EADS North American--Consultant through the Avascent Group
(2002-2008).
Lockheed Martin Corporation--Consultant through the Avascent
Group (2001-2008).
Northrop Grumman Corporation--Consultant through the Avascent
Group (2001-2008).
United Launch Alliance--Consultant through the Avascent Group
(2007-2008).
Raytheon Corporation--Consultant through the Avascent Group
(2006-2008).
McLean Hamlet Association--Member, Board of Directors, (1997-
2007).
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.
The Hamlet Swim and Tennis Club--member since 1997 (Board
Member from 1998-2000)--does not restrict membership.
Women in Aerospace--member since 1989 (President in 1991-92,
Board Member from 2001-2003)--does not restrict membership.
American Astronautical Society--member since 2001 (President in
2001-2002)--does not restrict membership.
Andrew Chapel United Methodist Church--member since 1997--does
not restrict membership.
The Planetary Society--member off and on from 1995--does not
restrict membership.
The National Space Society--member off and on from 1984--does
not restrict membership.
International Academy of Astronautics--member since 2001--does
not restrict membership.
American Institute of Aeronautics and Astronautics--member off
and on from 1986--does not restrict membership.
Democratic National Committee--member off and on from 1998--
does not restrict membership.
National Geographic Society--member off and on from 1996--does
not restrict membership.
McLean Estates Community Association--member since 2002
current--does not restrict membership.
Secure World Foundation--member and advisor, 2008-2009--does
not restrict membership.
American Automobile Association--member since 1968--does not
restrict membership.
Space Day Foundation--Member, Board of Directors (2001-2004)--
does not restrict 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. 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.
Senator Bill Nelson--$500 (2007).
Congressman Mark Udall--$1,000 (2006-2007).
Senator Mikulski--$1,000 (2007).
John Kerry for President--$2,000 (2004).
Bill Richardson for President--$1,000 (2007).
Hillary Clinton for President--$2,300 (2007) (Also contributed
$2,300 for the general election which was returned after the
convention).
Obama for America--$2,300 (2007).
Obama for America--$2,300 (2008).
Congressman Nick Lampson $1,500 (2006-2008).
DNC--$500 (2004).
Forward Together PAC--$1,000 (2006).
DCCC--$500 (2006).
Served as a volunteer space policy advisor on Presidential
Campaigns for Senator Kerry, Senator Clinton and Senator Obama.
Volunteered at Democratic Convention in 2000 and in 2004.
Volunteered for Presidential candidate, Hillary Clinton, GOTV
efforts in Iowa and some phone banking in Arlington, VA. Volunteered in
local precinct for Democratic party on election day (GOTV efforts)
2000--2008.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Honorary Doctorate--Colorado College, 2000.
Space Pioneer Award--National Space Society, 1997.
Recipient, One of the 10 Who Made a Difference in 2004--Space
News.
NASA Distinguished Service Medal--2001.
NASA Distinguished Public Service Medal--1996.
International Academy of Astronautics--2002-present.
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
``Planetary News: Space Policy,'' occasional column for The
Planetary Society, The Planetary Report and website, 2005-2008.
``When Perception Becomes Reality: Evolving the American
Public's View of NASA,'' Co-authored with Robin-Marie Williams
for AIAA Space, 2006.
``Senator John Kerry's Space Policy,'' Space News, 2004.
``President's Column,'' Space Times, monthly from 2000-2002.
``A Worthwhile Effort,'' Space News, 2002.
``President's Column,'' Space Times, bi-monthly column, 2001-
2002.
``Strategic Planning at NASA,'' co-authored with Mathew Crouch
for the International Astronautical Federation Congress, Rio de
Janeiro, Brazil, 2000.
``Between a Rocket and a Hard Place,'' co-authored with Dr.
Roger Launius for the International Astronautical Federation
Congress, Rio de Janeiro, Brazil, 2000.
``Creating a Spacefaring Civilization,'' Ad Astra, bi-monthly
column, 1988-1996.
``Congressional Perception of Public Reaction to the Threat,''
co-authored with Robert Park and Terry Dawson, Hazards Due to
Comets and Asteroids, Tom Gehrels, 1994.
``Should NASA Continue Making Manned Space Exploration a
Priority?'' a debate with (former) Congressman Bill Green, The
Costco Connection, 1992.
``Ask the Customers what they Want,'' Space News, 1992.
``Mission to Planet Earth Day,'' International Astronautical
Federation Congress, Dresden, Germany, 1990.
``Constituency Building--The Key to a Successful Space
Program,'' Space News, 1990.
``Returning to the Moon: A Rationale for Solar System
Exploration,'' co-authored with Ronald McCandless, for the
International Astronautical Federation Congress, Torremolinos,
Spain, 1989.
``Political, Economic and Legal Considerations of International
Cooperation on a Lunar Base,'' co-authored with Ronald
McCandless, for the 9th Princeton Conference on Space and
Manufacturing, Princeton, New Jersey, 1989.
Speeches
``Providing Space Policy Guidance to New World Leaders,''
(International Space University, Beijing, China, 2007).
``Congress and America's Future in Space,'' (Woodrow Wilson
International Center, Washington, D.C., 2007).
``Communicating with the Public on Space,'' (International
Space Development Conference, Los Angeles, CA, 2006).
``Political Outreach for Space,'' (International Space
Development Conference, Washington, D.C., 2005).
``Evaluating the New Space Policy,'' (The Marshall Institute,
Washington, D.C., 2004).
``Commercial Space Efforts,'' (National Space Symposium,
Colorado Springs, CO, 2002).
``Citizen Space Travel,'' (Washington Space Business
Roundtable, Washington, D.C., 2002).
``Commercial Space Opportunities,'' (World Space Congress,
Houston, TX 2002).
``Commercial Space Travel,'' (California Space Authority, Los
Angeles, CA, 2002).
``The Future of Our Aerospace Effort'' (Testimony to the
Commission on the Future of U.S. Aerospace Industry,
Washington, D.C., 2002).
``Turning Goals Into Reality'' (NASA Aerospace Technology
Conference, Washington, D.C., 2001).
``Twenty-First Century Space Development'' (Space 2000
Conference and Exposition, Albuquerque, 2000).
``Space Exploration Public and Private Partnerships'' (American
Institute of Aeronautics and Astronautics, Bermuda, 1999).
``International Space Cooperation: New Government and Industry
Relationships'' (American Institute of Aeronautics and
Astronautics, Banff, Canada, 1998).
``News from Out of this World: The Search for Extraterrestrial
Life'' (American University, Washington, D.C., 1996).
``Space Advocacy'' (Aerospace States Association, Washington,
D.C., 1996).
``Partnerships in Space'' (NASA Alumni League Annual
Conference, Houston, Texas, 1995).
``Space Science and Exploration: Vision for the 21st Century''
(11th Symposium on Space Nuclear Power and Propulsion,
Albuquerque, New Mexico, 1994).
``Public Perceptions of the Threat: The Collision of an
Asteroid or Comet with Earth,'' (Erice International Seminar on
Planetary Emergencies, Italy, 1993).
``Social Implications of Nuclear Propulsion'' (Advanced
Technologies Symposium, NASA Lewis Research Center/AIAA,
Cleveland, Ohio, 1991).
``Mission to Planet Earth Public Outreach'' (International
Space Development Conference, San Antonio, Texas, 1991).
``Communicating the Vision'' (SOAR Conference, National Science
Teachers Association, Washington, D.C., 1990).
``Space and Education'' (International Space University,
Toronto, Canada, 1990).
``The New Space Race'' (The Space Summit, National Space Club,
Huntsville, Alabama, 1990).
``The Space Constituency: A U.S. Example'' (CNES, Paris,
France, 1989).
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.
July 13, 1990--Senate Committee on Finance: Subcommittee on
International Trade; Testimony on compliance for foreign
countries with trade agreements; Lori Garver, Executive
Director of the National Space Society.
June 14, 1993--Senate Committee on Finance: Subcommittee on
International Trade; Testimony on Super 301 provision of the
Trade Act of 1974; Lori Garver, Executive Director of the
National Space Society.
May 23, 1995--Senate Committee on Commerce, Science, and
Transportation: Subcommittee on Science, Technology, and Space:
Testimony on NASA Space Station Program; Lori Garver, Executive
Director of the National Space Society.
March 26, 1996--Senate Committee on Commerce, Science, and
Transportation: Subcommittee on Science, Technology, and Space:
Testimony on NASA Budget; Lori Garver, Executive Director of
the National Space Society.
May 20, 1999--Senate Committee on Commerce, Science, and
Transportation: Subcommittee on Science, Technology, and Space,
on issues relating to the commercial space launch industry;
Lori Garver, NASA Associate Administrator for Policy and Plans.
Spring 1989-1996--House Science Committee, Subcommittee on
Space and Aeronautics, testimony on the NASA budget hearings;
Lori Garver, Executive Director of the National Space Society.
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?
For the last 25 years of my professional life, I have worked in
nearly every area of the civil space program and on many critical
issues facing NASA. My start was at the National Space Society, where I
served as Executive Director for 9 years. The 30,000-member
organization was primarily educational, with a grassroots network of
chapters throughout the country dedicated to bringing an appreciation
of space and science into classrooms. One of our major goals was to
inspire children to pursue careers in science, math, and engineering.
It was during this period that I completed my Master's degree in space
policy to help provide me with the necessary foundation to form
informed policy positions.
From the National Space Society I went to NASA, where I directed
the agency's policies and strategic planning. As Associate
Administrator, I worked to make the development of NASA policies more
transparent, with a determination to reach out to all key stakeholders,
including Members of Congress, industry, and international partners.
Since leaving NASA in 2001, I have managed the space practice at
DFI International and Avascent (a single company that changed its name
in early 2007 as part of a management buyout). During that time I have
worked on many space and aeronautics issues, with a broad spectrum of
clients: non-profit organizations, aerospace primes, entrepreneurial
start-ups, and NASA itself. Our work has been management consulting,
providing strategic recommendations to companies and organizations on
appropriate ways to expand business opportunities and organize
themselves to be more successful in the fields of space and
aeronautics.
This experience has helped me to understand the objectives of each
of NASA's missions and the complex interrelationships among them,
including the goals of the various stakeholders. I have gained an
appreciation of how NASA activities can support broader national
objectives.
I would like to use these diverse experiences to help NASA
contribute even more to our Nation's future. I would like to assist in
providing leadership to NASA so that our investment in this great
agency can do even more for the country and for the public.
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?
Management and accounting controls are a serious challenge at NASA.
My work experience over the past two decades has taught me that
applying business processes and approaches to program management can
make NASA's efforts more successful and improve the probability that
projects are completed on time and on budget.
I have learned a great deal from my positions to date about
successful management. Managing a non-profit required rigorous
financial oversight, especially during the recession of the early
1990s. I had to streamline operations and prioritize among projects,
all the while growing the membership base and expanding the
organization's reach.
At NASA, I served as an Associate Administrator, reporting to the
NASA Administrator. I worked directly with the NASA financial and
accounting system, participated in all OMB and internal budget
discussions, and had my own office ISO 9000 certified. It was an
excellent education that taught me much about how the agency works.
While a Vice President of DFI International, I had joint
responsibility with other senior managers for project management and
accounting at the firm. Part of the firm's strength is that it trained
all managers, including myself, in financial analysis.
I recognize that NASA is a large and complicated organization, with
nine field Centers and a diverse mandate. My varied career has exposed
me to many of the challenges facing the agency. Assessing accounting
processes and program management will be at the top of my list of
administrative priorities if I am confirmed as Deputy Administrator. I
believe I am well equipped to help the agency implement a solid set of
solutions to these management challenges.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
NASA's three most serious challenges are mission safety,
maintaining a first-class workforce, and closing the gap in human space
transportation.
Safety
Much is riding on each and every mission that NASA conducts. Given
the visibility and importance of NASA's activities, it is critical that
the agency achieve and maintain a strong commitment to safety. When the
lives of astronauts and the public are at stake, that commitment is at
its most important.
As the shuttle program winds down over the next couple of years,
this focus on safety will be especially important to achieve.
Workforce
NASA's workforce is the agency's greatest asset. The individuals
who work for NASA, both directly as civil servants and indirectly as
contractors, should be viewed as critical resources. These are highly
educated and skilled people, with a tremendous history of
accomplishment, and NASA should build on this foundation to ensure that
their individual and collective knowledge can help NASA learn from past
experiences.
An important challenge for NASA as it transitions away from the
shuttle program to the space transportation systems of the future will
be to ensure that it retains as much of its workforce as possible,
supporting and retraining its employees so that it can capture the
skills they have learned over many years at the agency and translate
these into greater success in the future.
Closing the Gap
It is now clear that no matter what NASA does, the Nation will be
faced with its first planned gap in human space transportation
capability since the transition to the Space Shuttle program. The
country will be reliant on Russia to transport its own astronauts to
and from the International Space Station beginning after 2010. NASA
must do everything it can to minimize this gap and to ensure a more
robust future capability.
If the United States hopes to maintain a global leadership
position, part of that will mean closing the gap in human spaceflight
as soon as possible. We are a Nation inspired by challenges, and this
is a serious and pressing one. We need to marshal all our resources,
government and commercial, to find the right solution and solve this
problem.
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.
Past retirement accounts, Avascent 401(K) will continue to be
held--no further contributions to be made by me or by Avascent.
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 NASA'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 NASA'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 NASA'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 NASA'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 2007 and 2008, as a representative of The Planetary Society (a
501(c)(3) organization), I attended several meetings of the Coalition
for Space Exploration, which supported increased funding for NASA. In
both the 2004 and 2008 Presidential elections, I served as a volunteer
policy advisor on space policy to the Democratic nominees. From 1998 to
2001, as NASA Associate Administrator for Policy and Plans, most of my
work related in one way or another to public policy. In this capacity,
I presented testimony in 1999 to the Senate Committee on Commerce,
Science, and Transportation: Subcommittee on Science, Technology, and
Space, on issues relating to the commercial space launch industry.
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 NASA'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 NASA'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. 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.
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 LORI B. GARVER
Work Experience
President, Capital Space, LLC (2001-Present).
Drawing on her extensive experience at NASA and with a career
in the space industry, Lori Garver established her own
consulting firm in 2001. In this capacity, Ms. Garver advises
corporations' on their aerospace interests in Washington, D.C.
In 2001 and 2002, Ms. Garver initiated a project to increase
the visibility and viability of space tourism. Supporting a
client who was paying for his own trip to space, led to her own
quest for a sponsored space flight aboard the Russian Soyuz
vehicle to the International Space Station. Garver worked to
raise sponsorship funding, as she began the initial medical
certification and training in Russia. This project has remained
on hold since the Space Shuttle Columbia accident.
Consultant, The Avascent Group (formerly DFI International), (2003-
Present).
Serves as the senior advisor to the firm's corporate space
systems practice. Ms. Garver provides strategic planning,
technology feasibility research, and business development
assistance, as well as merger, acquisition, and strategic
alliance support to financial institutions and Fortune 500
aerospace, defense, telecommunications, and information
technology companies.
Vice President, DFI International, (2001-2003).
As Vice President of the firm's corporate space practice, Ms.
Garver lead management, strategic planning and business
development efforts related to commercial and civil space
activities.
Associate Administrator, Office of Policy and Plans, National
Aeronautics and Space Administration (1998-2001).
Reporting directly to the NASA Administrator, the A.A. for
Policy and Plans oversaw the analysis, development, and
integration of NASA policies and long-range plans, the NASA
Strategic Management System, the NASA Advisory Council, and the
History Division. Ms. Garver served as a primary spokesperson
for NASA, appearing on national news programs, giving public
speeches and visiting with students and educators. Ms. Garver
has presented testimony to Congress in this capacity and
represented NASA at numerous conferences and symposia.
Senior Policy Analyst, Office of Policy and Plans, National
Aeronautics and Space Administration (1997-1998).
Served as an advisor to the Associate Administrator for the
Office of Policy and Plans. Ms. Garver served as the Office's
focal point for policy and planning issues related to the
Commercial Guidelines section of the National Space Policy and
in developing a strategy to commercialize and privatize NASA's
functions.
Special Assistant for Communications to the Administrator, National
Aeronautics and Space Administration (1996-1997).
Reporting directly to the NASA Administrator, Ms. Garver
contributed to the public understanding of the U.S. Space
Program by analyzing political strategies and philosophies and
advising on how NASA's program should be presented to
accurately reflect the Administrator's goals and objectives.
Responsibilities of the position included providing advice on
relations with Congress and the media.
Executive Director, National Space Society, (1987-1996).
As Executive Director of this space advocacy organization, Ms.
Garver provided overall leadership and management for the
25,000-member association. She served as the organization's
primary spokesperson, appearing on national television and
regularly testifying on Capitol Hill.
Program Director, National Space Society, (1984-1987), was National
Space Institute until 1986).
In this position, Ms. Garver led the legislative and media
activities of the Society for all projects including member/
constituency visits, special events, direct mail and
fundraising.
Staff Assistant, John Glenn Presidential Committee, (1983-1984).
Ms. Garver joined the Committee early in the campaign and
worked in a number of positions including western political
desk officer and scheduling.
Education
B.A. (Political Economy), Colorado College, 1983.
M.A. (Science, Technology, and Public Policy), George
Washington University, 1989.
Public Presentations
Ms. Garver has testified on matters relating to the overall NASA
Budget and science program funding and mission posture before the
Senate Subcommittee on International Trade, the Senate Subcommittee on
Science, Technology, and Space, the House Subcommittee on Space, and to
the Committee on the Future of the U.S. Space Program (Augustine
Committee). In addition, she has made presentations to many symposia
and conferences.
Public Relations
While at Capital Space, Avascent, DFI, NASA and at the National
Space Society, Ms. Garver serves(d) as a spokesperson promoting the
importance of the U.S. Space Program as well as investment in science
and technology. She has appeared on many major new programs, including
NBC's Today Show, ABC's Good Morning America, CBS News, Night Watch,
PBS's Lehrer News Hour and Technopolitics, USIA's Worldnet, Fox Morning
News, MSNBC, CSPAN's Washington Report, CNN's Crier & Company, and
Crossfire Broadcasts. She has participated in numerous radio interviews
and call-in shows including NPR's All Things Considered, Talk of the
Nation and Science Friday. She is regularly interviewed by the major
science and space print journalists, including those from the New York
Times, the Wall Street Journal, the Washington Post, the Washington
Times and the Christian Science Monitor. Ms. Garver is often featured
or quoted in the trade press including Space News, Aviation Week and
Space Technology, Space Business News and the Washington Business
Journal.
Policy Analysis
As a policy analyst in the aerospace industry, Garver served on the
science and technology committee for the John Kerry for President
Campaign, leading the space policy team and representing the campaign
in numerous interviews and debates. At NASA, Ms. Garver has been
responsible for developing policy documents and guidelines relating to
the NASA strategic management system, multi-media, commercial space and
space transportation. She has participated in numerous policy workshops
including American Institute of Aeronautics and Astronautics workshops
on International Cooperation, the Strategic Avionics Technology Working
Group (SATWG), the GMU Workshop on Constituency Building for Space
Exploration, NASA Lunar Architecture Workshop, Ames Robotic Lunar
Workshop and has briefed the NASA Advisory Council and several of the
NAC sub-committees. She served on the program committee for the
International Conference on the Public Understanding of Science,
sponsored by the International Center for the Advancement of Scientific
Literacy.
Other Affiliations and Awards
Member, International Academy of Astronautics, 2001-present.
Recipient, One of the 10 Who Made a Difference, Space News,
2004.
Member, Board of Directors, Women in Aerospace, 2001-2003.
Member, Board of Directors, Space Day Foundation, 2001-2004.
Recipient, NASA Distinguished Service Medal, 2001.
President, American Astronautical Society, 2001-2002.
Recipient, Honorary Doctorate of Laws, The Colorado College,
2000.
Recipient, National Space Society, Space Pioneer Award, 1997.
Member, Board of Director's McLean Hamlet Association, 1997-
2007.
Recipient, NASA Distinguished Public Service Medal, 1996.
Member, Steering Group, Space Transportation Association, 1996-
1997.
Member, Board of Advisors, 2111 Foundation for Exploration,
1996-1997.
Member, Board of Directors, the Hill Pre School, 1995-1997.
Member, Advisory Committee, D.C. Space Grant Consortium, 1995-
1996.
Member, Board of Directors, Spacecause, 1988-1996.
Member, Board of Advisors, Students for the Exploration and
Development of Space, 1991-1996.
Member, NASA Advisory Council, 1994-1996.
Member, Department of Transportation's Commercial Space
Transportation Advisory Committee (COMSTAC), 1993-1996.
Co-Chair, Education Committee, International Astronautical
Federation, 1988-1993.
Member, Board of Directors, Women in Aerospace, 1989-1994.
President, Women in Aerospace, 1991-1992.
Personal
Ms. Garver is a citizen of the United States and lives in McLean,
Virginia with her husband and two children.
The Chairman. Thank you very much. We have been unable--all
of us have 4 o'clock appointments, and we have been unable to
secure somebody to run this show. So I am just going to abandon
health care, which is also pretty important, and stay the
course here.
Neither of you addressed the questions that I was posing to
you, although you indicated that you might. I characterized
NASA as adrift, more a splendid story of the past, much
involved in the Nation's psyche and emotion at a certain time.
But that since then, it has been adrift and has lost the
fascination to Americans, and has had some really bad mess-ups.
And so, while you were discussing during these 2 months,
Ms. Garver, with Mr. Bolden how you are going to reinvigorate
the agency, I am very interested to know how you are going to
do it, because NASA has to be earned each year? NASA is not a
given. No agency is a given.
Mr. Bolden. Sir, let me get back, and see if I can directly
answer your question. Let me speak about my vision for the
Agency. And it would start with safety and efficiency in the
operations that we do. That has to be foremost.
I think it is important for me to say that because if I, as
the leader, do not put that as number one, then no one else
would believe it when I say it.
The Chairman. Oh, but I understand you at number one but,
what are you going to do about it?
Mr. Bolden. Sir, second, I think that we need to
reinvigorate our investment in research and development. I
would like to see NASA as the preeminent research and
development agency in the United States. We have allowed that
to wither, as has every agency, and the DOD in this country.
Senator Glenn used to call it, I guess, eating our seed
corn. We have not invested in basic technology. Aeronautics is
something that is the big ``A'' in NASA, and we have allowed
aeronautics to sort of wither on the vine.
We have a very talented group of people, but they are
aging. We have an aging workforce. And so, we would have to
inspire young men and women, young boys and girls to want to
come to work with NASA.
If I go to a classroom today, it is different than when I
went when I was an astronaut in 1980. I could ask, how many of
you want to be an astronaut, and every hand went up in the
class. When I go to a school today and asked that question, I
may see three hands. And all of them want to go into business.
So, we do have a challenge in trying to get young men and women
interested in coming back into the science and engineering
fields again. We have to look at Earth, our planet, and NASA
has to lead in providing the space-born sensors to understand
not just what is out there, but what is in here.
My third mission, and there are a couple of my crewmembers
present from that flight, which was called, ``NASA's first
Mission to Planet Earth.'' I looked at our atmosphere. The
thing I would tell you that was disappointing in that flight
was that most of the experiment packages were done by Europeans
and Japanese, not American scientists. So, NASA has to re-open
that opportunity for American scientists.
And Lori and I can talk forever about the necessity to
involve commercial entities, what I call entrepreneurial
persons in establishing where they are going.
First of all, the Nation has to decide where it wants to
go. I think it is beyond low-Earth orbit. But, we also, as you
said, must understand our oceans. We have to understand our
atmosphere, because that is where it all starts. But, we do
have to really invigorate the interest of youth in this country
if we are going to do anything.
Ms. Garver. Senator, I share your concern, and I believe
that as Charlie and I have been discussing this over the past
few months, a major point for NASA in the future is to begin to
make it relevant to the Nation and to the world. When I grew
up, NASA was relevant because it was a symbol of us going to
beat the Russians and to help us be a superior technological
nation.
I share your views that there is not that sense any more
about NASA. Now, we are half of 1 percent of the Federal
budget, but we recognize we need to earn that back.
And Charlie spoke of several of the things we do that are
tangible, that benefit the public. Frankly, I do not think NASA
does a very good job of explaining to the public, and perhaps
even to the Senate Commerce Committee, those kinds of things
that we do that have helped to benefit our economic
underpinnings. Obviously without Mission Plant Earth, and the
Earth sciences that we have done, we would not know where our
environment was, and we need to do more in these areas.
But, in the area of human space flight, which is really all
about being the best we can be in showing not only our own
public, but the world, about the importance of exploration, my
sense is that while we do not spend any of that money in space,
we are spending it on Earth for technologies, and development
going to other industries. It is also about what we have done
cooperating internationally. If we look at the space station
right now, it is one of the pinnacle cooperative efforts we
have with the Russians, not to mention, our other partners. And
I believe Charlie and I are interested in exploring those
partnerships, exploring commercial development that helps our
own economy in doing those things that are more relevant to the
American taxpayer.
The Chairman. Thank you very much. My time is up. Senator
Hutchison.
Senator Hutchison. Thank you very much.
First of all, I want to say to Lori Garver that I should
have mentioned you by name earlier as well as someone who I
will support. And, I want to pursue the International Space
Station, because Senator Nelson and I, when we were Chairmen
and Ranking on the Space Subcommittee, designated the American
part of the Space Station as a national laboratory. And it was
for the purpose of being able to get outside experimentation
either for other Federal agencies, universities, or
corporations to be able to help with the funding level.
But I want to say that when we passed the America COMPETES
Act, a very bipartisan effort a couple of years ago to increase
stem education and more research in our country, we doubled the
budget of the National Science Foundation for research, because
it is so important. But I had to fight very hard to just have
NASA mentioned as another area where we ought to invest in
research. And yet, the microgravity conditions in space offer
unique opportunities that cannot be duplicated on Earth.
I think your point is very well taken, but maybe NASA has
not done enough to pursue these options, and make it known what
is available that is unique. And so, I am going to ask you to
expand on your answer about the International Space Station,
because when Senator Rockefeller says, what are you going to do
for me in the future, stop talking about the past, I think we
have to give an answer, and I think the answer is this unique
facility that we have invested hundreds of millions of dollars
to build.
We have international partners who have contributed
enormous amounts, and expect it to be a viable option, and an
opportunity to cooperate, and I just want your ideas, Mr.
Bolden and Ms. Garver, on how you will pursue that as one of
the ways we can show the importance of NASA's preeminence going
forward, and not just resting on wonderful laurels, but
nevertheless past laurels.
Mr. Bolden. Senator, I think you probably are very well
aware, much more so than many people, of the fits and starts
through which the International Space Station has gone. It has
taken us up until now to outfit it with a complete crew of six.
We are doing housekeeping, and we are doing maintenance as
opposed to an extensive amount of research, as we are now about
to embark on an International Space Station.
Even then, we have made some significant achievements
there. If I look at things that have been done, not just on the
International Space Station, but with other space vehicles, we
would not have something that everybody is familiar with, CAT
scan, or MRI or even the DeBakey Ventricular Assist Device that
everyone in Houston knows about, a heart pump.
Those are all things that came about, not because they were
originally intended to be invented, but they were things we
needed in order to be able to safely fly in space.
The International Space Station represents, I like to call
it, a bridge to exploration beyond the Earth orbit. It is the
way that we would allow commercial ventures, entrepreneur
adventurers, to have a place where they can seek to go to carry
cargo, and one of these days, maybe even carry a crew. It is a
long way to Mars. I want to go to Mars. I think everybody wants
to go to Mars. Mars is a 20-year venture probably, if you look
at NASA's plan right now.
So, I cannot go out and tell a kid that I want you to come
to work for NASA, because we are going to go to Mars. I can
tell them, we have an International Space Station, if you would
come help me design the biomedical research that we are going
to do there. Colleges and universities, we are going to make
the International Space Station available to you to do some
basic research, what we call, level one, level two, level three
research; stuff that most agencies do not like to do today
because everybody wants an answer right now.
But, we have got to get back to that, and those are some of
the things that we will do to inspire young people to work and
to want to get into science and engineering again.
Ms. Garver. Senator, thank you for the question. In my
view, the space station is a toe hold to the universe as you
know, and as Charlie said, we have only had a full complement
of crew these last few weeks, really. And, we are just
beginning to do this research.
Why doesn't NASA work with commercial industry as well as
the medical community? I believe there is a great feature, as I
know you do, in utilizing the space station for biomedical
research.
One of the experiences we worked on was a liver tissue
experiment in a bioreactor where you could test metabolites
that could potentially help people with liver disease, which,
if we are able to develop that research, now that we have the
full crew complement in the space station, could change life
for millions.
I feel that we have offered justifications for space
station over the 20 years we have been planning to have one,
and we are just now getting to the point where those are paying
off.
NASA has two agreements, is our understanding, one with the
National Institutes of Health working on vaccines, one for
salmonella, and we have to let this research continue with this
investment. But another key, as you know, is developing a
transportation system that can get to and from the space
station more economically, and more efficiently, so that many
of these experiments, whether they are commercial or
governmental, can be done more regularly now that we have this
laboratory.
Senator Hutchison. Thank you, Mr. Chairman.
The Chairman. Thank you.
Senator Nelson.
Senator Nelson. Mr. Chairman, the question that you ask is
really a question about how do you re-ignite the imagination
and the excitement of the American people that we have
experienced in the past, what are referred to as the glory days
at NASA, when this agency had this can-do spirit and there was
nothing that they would not tackle and try to achieve.
Now, on a daily basis, they are continuing to do that, as
you well know. And, we saw evidence of that in the last Hubble
mission, where they go out and completely remake the Hubble,
which is good for another 10 or 15 years, and would continue to
anti up the secrets of the universe.
But the question that you ask is so fundamental, and I
appreciate you posing it, because a lot of that excitement, a
lot of that magic has gone. And, I think that the real answer
to your question is that NASA needs a leader. And, the only
person that can lead America's space program is the President
of the United States.
It is that person that has to unleash the ingenuity of all
these engineers now aging, and the younger ones coming. And,
what we have seen is, over the last decade or so, that NASA has
been starved of funds, and given too much to do with too
little.
Now, that then begs us to look at the importance of the
Norm Augustine commission, because they want to basically lay
out the blueprint for the Obama Administration. That is where
they think NASA is going to go. We hope it is going to be a
rigorous one. We hope that they are going to say, NASA is doing
too much with too little in order for him to be able to have
the safety and the efficiency that he needs.
So, it all comes back to the President. And if the
President will give that bold strike, then that team right
there, I believe, can implement it. But, it has got to be the
President that leads it.
Now, the President, fortunately, as a candidate, made some
fairly invigorating and bold statements about what--he said we
are going to be on the moon by 2020. He said we want to close
the gap that is going to cause a loss of 4,000 jobs just at the
Kennedy Space Center when they shut down the Space Shuttle,
because we did not give enough money to the development of the
new rocket. And, it is going to be another 4 or 5 years before
we develop that.
And so, if the President would give that leadership and not
let the Office of Management and Budget run NASA, which is what
has happened, not just the last Administration, but the
previous one too. So, this is bipartisan. If the President will
say, here, take it, run with it, then I think this team is
going to do that.
So, rather than asking you a question, I know you all
agreed with what I just said, is there any way you want to----
Mr. Bolden. Senator, my handlers behind me are probably
cringing at this moment, because they know that I will answer
your question. Let me answer it with a couple of statements,
because, Senator Rockefeller, I do not think we have adequately
answered your question, because we went right to the
International Space Station, and NASA is more than just an
International Space Station.
I do not know how many of you know what a C-130 is? It is a
cargo plane. It flies--I see people shaking their heads. Its
speed is now greatly increased, its efficiency is greatly
increased, and it is because it carries a prop that is twisted.
That came from NASA research that was done at formerly the
Lewis Research Center, now the Glenn Research Center.
We actually have an aircraft that some people do not like.
It is called the MV-22, that the Marine Corps flies, and I
happen to like. That is NASA technology.
We have a lot of basic research. Franklin Chang Diaz, who
is my idol, another astronaut, who now is in the
entrepreneurial space business, has a vessel, a rocket engine,
that, if it works, and I think it will, will take us to Mars in
39 days, instead of 8 to 11 months. NASA provided him a very
small stipend to get started, and to build his project to what
we call the technology readiness level one, two and three. And
now he is at the point where it is ready to fly, but he has
done that, with what they call venture capitalists, private
investors.
That is what Lori and I talk about. The government cannot
fund everything that we need to do, but we can inspire and open
the door for commercial entrepreneurial entities to become
involved, to become partners with NASA in this research and
development that will enable things to come about.
So, no, you cannot make enough money for NASA to do the
things that I think you want to do. But together we can inspire
young people to want to put their money that they do have, and
are looking for places to invest, into science and technology.
And together, I think, we will go back to the moon, and,
eventually, we are going to Mars and other places even deeper
in our solar system.
The Chairman. Thank you.
Senator Udall?
STATEMENT OF HON. TOM UDALL,
U.S. SENATOR FROM NEW MEXICO
Senator Udall. Thank you, Mr. Chairman. And thank you both
for your testimony.
As both of you discussed with me in my office, Mexico is
the home to NASA's White Sands Test Facility, which for many
years has supported the Space Shuttle programs as an
alternative landing site and key place for developing and
testing propulsion systems. And no doubt--White Sands
capabilities and contributions to fulfilling NASA's mission to
pioneer the future in space, exploration scientific discovery
and aeronautics research. Yet, with the retirement of the
Shuttle, the role of the White Sands Test Facility's personnel
and infrastructure for future NASA and activities is not yet
defined.
What role do you foresee for the White Sands Test Facility
under your leadership of NASA? I will just tell you it is an
excellent facility with excellent people, and we would like to
work with you very closely to see that a mission is defined and
that it is utilized to its very best capabilities.
Mr. Bolden. Senator, currently White Sands provides us with
a location that gives us an opportunity to test explosives,
very hazardous materials, that we cannot test anywhere else. I
do not foresee that, to be quite honest, coming to an end any
time soon.
I cannot promise you what the future projects are going to
be that would be taken to White Sands, but we have already
given some consideration to things that we would like to do to
reevaluate how NASA approaches the technological challenges
that we face.
So, as I mentioned to you in your office, I look forward to
working with you and with the members of this committee, if
confirmed, to see if we cannot find ways to optimize the way
that we employ all of the facilities that are available. You
happen to have some that we need to talk about infrastructure
also, and so hopefully, we will have an opportunity to talk
about that a little bit.
Senator Udall. Thank you very much.
And I will, Mr. Chairman, submit my additional questions
for the record.
The Chairman. I want to thank Senator Udall for taking
over; this 4 o'clock to 5 o'clock meeting on healthcare is
really seminal for the future of what is going to happen.
Everything sort of hangs in the balance right now.
Well, in front of me, I have witnesses who have vast
responsibilities, and a lot of their friends and families, and
supporters who are here to see them. So, I feel a little bit
badly about leaving.
But Senator Udall has agreed to be here, and he is really
good, and he has got White Sands. And he is going to get all of
those infrastructure problems worked out before this is over.
So, I am going to leave now and beg your forgiveness for that,
and look forward to open dialogue, not only with the two of
you, but all the other excellent nominees, all of whom I would
say that, the three of us agree, will be easily confirmed.
Mr. Bolden. Thank you, Senator.
Ms. Garver. Thank you, Senator.
The Chairman. So we go back to Senator Nelson.
Senator Nelson. I think we are done with the panel.
The Chairman. Senator Nelson says you can go. Thank you
very much.
[Recess.]
Senator Udall. Mr. Lidinsky will be back in just a minute.
Thank you very much for being patient with us here and I think
we will just--we will go ahead and start from the left and if
Mr. Lidinsky is not back, Ms. Trottenberg, we will go second
with you.
Please, Ms. Hersman.
STATEMENT OF HON. DEBORAH A.P. HERSMAN, CHAIRMAN-DESIGNATE,
NATIONAL TRANSPORTATION SAFETY BOARD
Ms. Hersman. Thank you very much, Senator Udall. It was a
pleasure to meet with you earlier this week.
I have very good memories of participating in the work that
you and your colleagues do in this very room. Today is a very
special day for me, and so I brought with me some of the most
special people in my life, and if it is all right with you, I
would like to introduce them.
Senator Udall. Absolutely please introduce them and have
them stand if they will.
Ms. Hersman. Sure. If you all can stand? My husband, Niel
Plummer and our three sons, Taylor, Wilson and Jackson. Dianna
Lopez, Walt and Inga Hersman, my father and stepmother, Jenny
Pye, Phyllis and Niel Plummer, my in-laws, I have many
colleagues past and present who have joined me from the Safety
Board, my Commerce days and House work and my dedicated staff,
Nancy Lewis and Reshan Blackwell.
These dear friends are the people who believe in me most
and have supported me in all my endeavors. And I am honored by
their presence here.
I would like to begin by thanking President Obama for
nominating me to the position of Chairman of the National
Transportation Safety Board. I also thank you, Senator Udall,
and the Members of the Committee for giving me an opportunity
to tell you a little bit about the Safety Board and why I would
be honored to be its Chairman.
Since 2004, it has been my distinct privilege to serve the
public as an NTSB board member. During those 5 years I have
launched with our team to sixteen major accidents. I have
watched them drop everything that they are doing, grab their
go-bags, and head to an accident scene even before the smoke
has cleared.
They get on the scene and they begin the meticulous work of
documenting the accident and others begin searching out
witnesses and survivors. While investigators piece together the
accident sequence, our Transportation Disaster Team reaches out
to victims and their families to help them begin navigating
through shock, grief and eventually healing.
The work that we do with the victims and their families may
seem difficult, but it is not. These families are a gift to the
NTSB because they remind us with their grace and courage why it
is so important to make sure that these accidents are prevented
in the future.
I am honored today with the presence of three such
individuals, Hans Ephlaimson-Abt, Kendra St. Charles and Jim
Hurd. In the past 5 years, I have come to know the NTSB very
well and I would like to share with you what I see there.
First, I see an extraordinary staff. They are smart, they
are curious and they love to solve mysteries. To a person, they
have an unparallel passion for transportation safety. This
unique mixture of talent and enthusiasm is why they have been
able to tell us in just the 5 years that I have been there the
cause of over one hundred major transportation accidents
including why a jetliner known as 587 broke up over New York,
why two freight trains crashed and released chlorine gas in
Graniteville, South Carolina, why a cargo vessel hit the pier
of the Oakland Bay Bridge as it left San Francisco and why the
I-35 Bridge in Minneapolis collapsed into the Mississippi
River.
Not only did they tell us what happened in these tragedies,
they told us what needs to be done so that they never happen
again. Therefore, I see dedicated professionals doing
invaluable work at an annual cost of about thirty cents to each
American.
I also see an agency that is the safety conscience and
safety compass of the transportation industry. As an
independent, non-regulatory agency, the NTSB can articulate
needed safety improvements and innovations without having to
prove that they are cost beneficial or politically feasible.
The NTSB has the full attention of industry leaders, other
government agencies and policymakers like yourselves.
Therefore, I see an organization that is uniquely situated to
point the way toward a safer transportation system.
Finally, I see an agency that has been around for 40 years
and we are in a world now, in which the transportation industry
looks very little like it did 40 years ago. The mission of the
agency has not changed but the world has. To remain relevant in
this fast-moving environment, the NTSB may have to make
fundamental changes in the way that it approaches accident
investigations and issues recommendations.
Therefore, I see an agency whose challenge it is to be
nimble enough to keep pace with changes that are occurring in
transportation and communication often at a breathtaking pace.
I look forward to the opportunity to lead this outstanding
organization if you bestow me the honor and the privilege to do
so.
In the next few years it promises to be a very exciting
time for the transportation industry. I hope to contribute by
making it a safer industry. Thank you.
Senator Udall. Thank you very much.
[The prepared statement and biographical information of Ms.
Hersman follows:]
Prepared Statement by Hon. Deborah A.P. Hersman, Chairman-Designate,
National Transportation Safety Board
Thank you for that kind introduction, Chairman Rockefeller, and
thank you to Ranking Member Hutchison and Members of the Committee for
the opportunity to appear before you today. Mr. Chairman, as you know,
my career began 20 years ago when I interned for Congressman Bob Wise
of West Virginia. Returning here today, I recall my years spent working
on the Commerce Committee and I have wonderful memories of
participating in the critical work you and your colleagues do year
after year in this very room.
This is a special day for me, so I have brought with me some of the
most special people in my life: my husband, Niel Plummer and our three
sons: Taylor, Wilson, and Jackson; my father and stepmother, Walt and
Inga Hersman; the Plummer family, who are the best in-laws ever; my
dedicated staff, Nancy Lewis and Reshan Blackwell, many colleagues
(past and present) and dear friends. These are the people who believe
in me most and support me in all my endeavors.
I'd like to begin by thanking President Obama for nominating me to
the position of Chairman of the National Transportation Safety Board. I
also thank you for giving me this opportunity today to tell you a
little bit about the NTSB and why I would be honored to be its
Chairman. Since June, 2004, it has been my distinct privilege to serve
as an NTSB Board Member. During those 5 years, I have accompanied our
investigators on 16 major accident launches. I have watched them drop
whatever they were doing, grab their go-bags, and head to an accident
scene to get there often before the smoke has cleared. Once on scene,
they hardly stop to rest or eat. Some begin the meticulous work of
documenting the scene in minute detail, while others seek out witnesses
and survivors. While investigators begin piecing together the accident
sequence, our Transportation Disaster Assistance team reaches out to
victims and their families to help them begin navigating through shock,
grief, and eventually, healing. The work we do with the victims'
families may seem difficult, but it's not. These families are a gift to
the NTSB, because they remind us, with their grace and courage, why it
is so important to work together to make sure these accidents are
prevented in the future.
In the past 5 years, I have come to know the NTSB very well, and I
want to share with you what I see there.
First, I see an extraordinary staff. They are smart; they are
curious; they love to solve mysteries; and to a person, they have an
unparalleled passion for transportation safety. This unique mixture of
talent and enthusiasm is why they have been able to tell us--just in
the 5 years that I've been there--the causes of over one hundred major
accidents, including why a jetliner known as Flight 587 crashed in New
York, why two freight trains crashed and released chlorine gas in
Graniteville, South Carolina, why a cargo vessel hit the pier of the
Oakland Bay Bridge as it left San Francisco, why the I-35 bridge over
the Mississippi River collapsed in Minneapolis, and why a gas line
exploded causing an apartment building to burn down in Bergenfield, New
Jersey. Not only did they tell us why these tragedies happened, they
told us what should be done so that they never happen again somewhere
else. Therefore, I see dedicated professionals doing invaluable work at
an annual cost of about 30 cents per American.
I also see an agency that is the safety conscience and compass of
the transportation industry. As an independent, non-regulatory agency,
the NTSB can articulate needed safety improvements and innovations
without having to prove that they are cost beneficial or politically
feasible. The NTSB has the full attention of industry leaders, other
government agencies, and policymakers, like yourselves. Therefore, I
see an organization that is uniquely situated to think about
transportation safety in the ideal and then point the way toward a
safer transportation system.
Finally, I see a 40-year-old agency working hard to improve safety
in a transportation world that looks very little like it did 40 years
ago. The mission of the agency has not changed, but the world has. To
remain relevant in this fast-moving environment, the NTSB may have to
make fundamental changes, perhaps in the way it approaches accident
investigations or the way that it issues its recommendations.
Therefore, I see an agency whose challenge is to be nimble enough to
keep pace with changes that are occurring in transportation and
communication, sometimes at breathtaking speed.
I look forward to an opportunity to lead this outstanding
organization, if you bestow on me the honor and the privilege to do so.
The next few years promise to be very exciting for the transportation
industry; I hope to contribute by making it a safer industry.
______
A. BIOGRAPHICAL INFORMATION
1. Name (Include any former names or nicknames used): Deborah Anne
Plummer Hersman (Debbie).
2. Position to which nominated: Chairman of the National
Transportation Safety Board.
3. Date of Nomination: June 18, 2009.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: 490 L'Enfant Plaza East, SW, Washington, DC 20594.
5. Date and Place of Birth: May 7, 1970; Edwards Air Force Base,
California.
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: Philip Niel Plummer, Software Engineer, Lockheed
Martin; Sons: Taylor Niel Plummer (DOB: 8/14/2000), Wilson
Stephen Plummer (7/23/2002), Jackson Pierce Plummer (10/8/
2005).
7. List all college and graduate degrees. Provide year and school
attended.
International Studies, BA, 1992; Political Science, BA, 1992--
Virginia Tech, Blacksburg, VA.
Conflict Analysis and Resolution, MS, 1999--George Mason
University, Fairfax, VA.
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.
Board Member, NTSB, 2004-present.
Senior Professional Staff, Senate Commerce, Science, and
Transportation Committee, 1999-2004.
Staff Director and Legislative Aide, Congressman Robert E. Wise
(Representative Wise served as Subcommittee Chairman and
Subcommittee Ranking Member on House Transportation and
Infrastructure Committee), 1992-1999.
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.
President, Southpointe Homeowners Association, 2004-2008.
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.
President, Southpointe Homeowners Association (SPHOA), 2004-2008. I
may be considered a member of certain organizations as a result of my
charitable giving (amounts of less than $300 annually), but I am not
active in these organizations (for example, Red Cross, National Public
Radio, Friends of the National Zoo, Smithsonian Associates, and Parent-
Teacher Organizations). I am not a member of any organization that
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.
Since 2004, I have served in an appointed position as a Board
Member for the NTSB.
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.
$500 Obama for America, August 15, 2008.
Volunteer for Obama-Biden, Fall 2008.
Volunteer for Tom Daschle for Senate, October 2004.
Volunteer for Bob Wise for Governor, 1999.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Kentucky Colonel (2007); Distinguished West Virginian (2004);
LBJ Intern (1991).
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.
Articles
April 2009--National Business Aviation Association, Guest
Commentary in First Annual Safety Magazine.
January 2008--Air Line Pilot magazine, Guest Commentary,
``Managing Fatigue Before it Reaches the Cockpit.''
2007 Edition of ``Yachting in Chicago'' magazine, Guest
Commentary, ``Recreational Boating Safety Education Most Wanted
by the NTSB.''
Speeches
2009
May 14, 2009--Testimony before the U.S. House of
Representatives Committee on Transportation and Infrastructure,
Subcommittee on Railroads, Pipelines and Hazardous Materials,
``Reauthorization of the Hazardous Materials Programs,''
Washington, D.C.
April 22, 2009--Presentation at the Corporate Aviation Safety
Seminar in Orlando, Florida.
March 24, 2009--Presentation at the 2009 International
Conference on Fatigue Management in Transportation Operations,
Boston, MA.
March 6, 2009--Presentation at the Commercial Vehicle Safety
Alliance Bus Safety Summit, Arlington, VA.
March 3, 2009--Presentation at the Air Charter Safety Symposium
in Ashburn, VA.
February 27, 2009--Presentation to the Maritime Trades
Department Executive Board Meeting, Miami, FL.
2008
November 19, 2008--Remarks to the Emergency Nurses Association
Regarding Emergency Nurses Association National Scorecard On
State Roadway Laws, Washington, D.C.
June 25, 2008--Remarks before the Maryland Press Conference and
Child Passenger Safety Demonstration, Rockville, MD.
May 21, 2008--Presentation to the Eno Leadership Conference,
Washington, D.C.
April 30, 2008--Presentation to the Flight Safety Foundation--
Corporate Aviation Safety Seminar, Palm Harbor, FL.
March 27, 2008--Remarks on NTSB's Women's History Month
Program, Washington, D.C.
February 23, 2008--21st Annual Fire Service Officers School for
Kentucky, Owensboro, KY.
February 8, 2008--Airport Council International/ACI-NA 2008
Winter Board of Director's, Las Vegas, NV.
January 17, 2008--Remarks on 30th Anniversary Of Child
Passenger Protection Laws, Washington, D.C.
2007
November 19, 2007--Testimony before the U.S. House of
Representatives, Subcommittee on Coast Guard and Maritime
Transportation on ``San Francisco November 2007 Oil Spill
Causes and Response,'' Washington, D.C.
September 13, 2007--Presentation to the FMCSA Motor Carrier
Safety Advisory Committee, Washington, D.C.
November 6, 2007--Presentation to the National Air
Transportation Association Aviation Business Roundtable,
Washington, D.C.
July 11, 2007--Testimony before the Committee on Transportation
and Infrastructure, Subcommittee on Highways and Transit, U.S.
House of Representatives, ``Motor Carrier Safety: The Federal
Motor Carrier Safety Administration's Oversight of High Risk
Carriers'', Washington, D.C.
July 11, 2007--Presentation on Seat Belts on School Buses at
the NHTSA Public Meeting, Washington, D.C.
May 21, 2007--Testimony before The Transportation and
Interstate Cooperation Committee, New Hampshire Senate on House
Bill 802 Seat Belt Legislation, Concord, New Hampshire.
May 16, 2007--Presentation to the FMCSA Commercial Driver's
License Advisory Committee, Washington, D.C.
January 8, 2007--Remarks before the Advocates for Highway and
Auto Safety, Washington, D.C.
2006
November 1, 2006--Remarks before the Lexington Division of
Police Awards Banquet, Lexington, KY.
October 21, 2006--Remarks before the 2006 National Boating
Federation 40th Anniversary General Meeting, Portsmouth, VA.
September 12, 2006--Opening Statement for NTSB Public Forum on
Motorcycle Safety.
August 15, 2006--Statement for the National Conference of State
Legislatures, Nashville, TN.
July 12, 2006--Opening Statement for Public Hearing on
Investigation of Fire On-Board a United Parcel Service (UPS)
Airlines Flight 1307.
May 10, 2006--Statement for the Corporate Aviation Safety
Seminar (CASS) 2006, Phoenix, AZ.
April 30, 2006--Statement for the Signing of the Memorandum of
Understanding Between the National Marine Manufacturers
Association and the Outdoor Channel, 2006 American Boating
Congress, Washington, D.C.
April 26, 2006--Statement for the 2006 Kentucky Lifesavers
Conference, Louisville, KY.
January 26, 2006--Remarks before the Meharry Medical College/
State Farm Awards Ceremony, Columbia, SC.
January 23, 2006--Testimony before the Committee on
Transportation, Pennsylvania House of Representatives on Junior
Driver Licenses, Harrisburg, PA.
2005
June 13, 2005--Opening Statement for Public Hearing on
Investigation of Aircraft Accident Pinnacle Airlines Flight
3701, Washington, D.C.
May 19, 2005--Testimony before the Transportation Committee,
Wisconsin Assembly, on Assembly Bill 215--Primary Seat Belt
Enforcement.
May 14, 2005--Remarks for Commencement, Virginia Polytechnic
Institute and State University, Blacksburg, VA.
February 23, 2005--Remarks before the 2005 Motorcoach Expo, Las
Vegas, NV.
February 14, 2005--Testimony before the Transportation
Committee, State of Connecticut, Regarding Child Passenger
Safety Legislation.
January 13, 2005--Testimony before the Subcommittee of the
Transportation Committee, South Carolina Senate, Regarding SB
1--Primary Enforcement Legislation.
2004
September 28, 2004--Testimony before the Senate Transportation
Committee, State of Michigan, Regarding Child Passenger Safety
Legislation.
March 30, 2004--Testimony before the Senate Committee on
Commerce, Science, and Transportation, ``Nomination of Deborah
A.P. Hersman, et al,'' Washington, D.C.
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.
May 14, 2009--Testimony before the U.S. House of
Representatives Committee on Transportation and Infrastructure,
Subcommittee on Railroads, Pipelines and Hazardous Materials,
``Reauthorization of the Hazardous Materials Programs,''
Washington, D.C.
November 19, 2007--Testimony before the U.S. House of
Representatives Committee on Transportation and Infrastructure,
Subcommittee on Coast Guard and Maritime Transportation, ``San
Francisco November 2007 Oil Spill Causes and Response,''
Washington, D.C.
July 11, 2007--Testimony before the Committee on Transportation
and Infrastructure, Subcommittee on Highways and Transit, U.S.
House of Representatives, ``Motor Carrier Safety: The Federal
Motor Carrier Safety, Administration's Oversight of High Risk
Carriers,'' Washington, D.C.
March 30, 2004--Testimony before the Senate Committee on
Commerce, Science, and Transportation, ``Nomination of Deborah
A.P. Hersman, et al,'' Washington, D.C.
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 served as a Board Member of the NTSB since 2004. During the
last 5 years, I have gained significant knowledge about the mission,
personnel, responsibilities, internal processes, and public obligations
of the NTSB. Not only have I served as a Board Member in public
hearings, chairing Symposia and Boards of Inquiry, I have been briefed
and participated, as appropriate, in the management of the agency
itself. I believe my experience on scene at accidents, working with the
victims' families and the various stakeholders, reviewing accident
reports in all modes of transportation, advocating for NTSB
recommendations to improve transportation safety, and my detailed
understanding of the organization will serve the taxpayers well if I am
confirmed.
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 that as an effective steward of taxpayer dollars, I must
oversee the broad mission of the NTSB while holding all employees to
high standards for job performance and fiscal responsibility. Having
been a member on the Board for the past 5 years, I have a unique
understanding of the management needs of the agency. While I realize
that, if confirmed, I would have authority and responsibility as the
head of the agency, I also recognize that I must rely on and delegate
many management functions to those employees who are best positioned to
carry them out. Over the past 5 years, I have had the luxury and
privilege of acquiring a working relationship with and in-depth
familiarity and knowledge of the officials and offices on which I must
rely to operate the NTSB effectively. For example, the Office of the
Chief Financial Officer (CFO) has the responsibility for ensuring that
appropriate accounting controls are in place and that the agency
receives a clean independent financial audit each year. The Chief
Information Officer (CIO) must ensure compliance with computer security
protocols and quality control mandates. Our Managing Director must
display a vision for the long-term future of the organization and
demand timely, high-quality accident investigations that reaffirm the
NTSB's position as a world-renowned, highly respected transportation
accident investigation agency.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
1. Highway Fatalities: Significant safety improvements have
been seen in every mode of transportation, yet the number of
highway fatalities remains unacceptably high. Approximately
43,000 deaths occur on our Nation's highways every year. This
issue deserves greater attention from the NTSB, but the number
of highway accident investigators is very small compared to the
number of investigators assigned to accidents in other modes,
most notably aviation. Achieving a greater emphasis on highway
safety issues may require additional resources or a
reallocation of resources within the agency to ensure that the
NTSB has the staff and funding to bring a sharper focus on
highway accidents and safety issues.
2. International Aviation Accidents: Domestic commercial
aviation accidents have decreased significantly in the last
decade, but the NTSB continues to receive requests from other
countries to assist in investigations of aviation accidents
that occur abroad. These many requests are not only a function
of the rights of certain states under the Convention on
International Civil Aviation, but also are a direct consequence
of the stellar reputation the NTSB enjoys worldwide for
conducting thorough and expert accident investigations. The
NTSB's assistance to other countries should continue; not only
does it help to improve aviation safety around the world, but
we also learn important lessons that can be applied to domestic
aviation operations. I would like to see this part of the
agency's mission better recognized within our borders.
3. Safety Studies: The majority of the NTSB's recommendations
for improved transportation safety arise from accident
investigations. However, the agency enjoys the talent and
expertise of a number of transportation researchers whose
knowledge can be tapped beyond the parameters of accident
investigation. In the past, the NTSB has conducted a number of
safety studies in all modes of transportation, producing
approximately one safety study per year. These studies have
generated recommendations to the transportation community that
have led to significant safety improvements. I believe the NTSB
should increase the output of safety studies because they
present an effective avenue to address emerging trends and
identify improvements in transportation safety without waiting
for a stand-alone fatal accident to prompt an investigation.
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 an employee of the Federal Government my entire career.
I am a FERS employee and have a Thrift Savings Account.
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.
I have been an employee of the United States since 1992. I have not
been engaged in private business relationships or transactions of any
type, other than investment in retirement accounts and savings. 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. The designated
agency ethics official did not find evidence of any conflict of
interest that would preclude my performing the duties of Member and
Chairman of the NTSB. 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.
I have worked for both the Congress and the Executive Branch over
the last 10 years. I have worked directly on legislation as a
Congressional staff member and have advocated for improvements to
transportation safety on behalf of the NTSB.
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.
I would like to note that, during my initial term as a Board Member
over the last 5 years, I had a similar agreement with which I complied.
During that term, no conflicts of interest or questions as to
impartiality were identified that required my disqualification from
duties central to my position as a Board Member.
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. 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.
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 DEBORAH A. P. HERSMAN
Employment
Board Member, National Transportation Safety Board, June 2004-
present.
Senior Professional Staff, U.S. Senate, Committee on Commerce,
Science, and Transportation, May 1999-June 2004.
Staff Director and Senior Legislative Aide, U.S. House of
Representatives, Congressman Bob Wise (D-WV), August 1992-May
1999.
Experience
National Transportation Safety Board
Votes with Board on deciding probable cause and safety
recommendations from accident investigations. Served as the
Member-on-Scene and the NTSB's primary spokesperson at over a
dozen high-profile accidents, including the 49-fatal crash of
regional jet in Lexington, KY, the allision of a container ship
into the San Francisco Bay Bridge and the crash of a private
airplane into a building in New York City. Chaired a number of
public events hosted by the NTSB including a two-day forum on
motorcycle safety, a public hearing on motorcoach safety, and
public hearings on two aviation accidents. Testifies before
Congress and state legislatures and addresses numerous
transportation groups to advance the NTSB's safety
recommendations.
Senate Commerce, Science, and Transportation Committee
Responsible for legislative agenda, oversight and policy
initiatives for surface transportation issues including
economic rate regulation of the railroads, railroad safety and
passenger service, truck and bus safety, pipeline safety, and
hazardous materials transportation safety. Worked extensively
on aviation and maritime issues, as well as transportation
security initiatives. Key legislative accomplishments: Motor
Carrier Safety Improvement Act of 1999 (P.L. 106-159) that
created a new modal administration within the Department of
Transportation, and the Pipeline Safety Improvement Act of 2002
(P.L. 107-355).
U.S. House of Representatives
Responsible for overseeing Congressman's Washington, D.C.,
office of 10 people and managing the budget and planning for
three offices. Served as staff contact for Transportation and
Infrastructure Committee activities, including hearings, mark-
ups and conference committees. Key legislative accomplishments:
Transportation Equity Act of the 21st Century (105-178) and
Amtrak Reform and Accountability Act (105-134).
Education
MS, Conflict Analysis and Resolution, 1999, George Mason
University, Fairfax, VA.
BA, International Studies & BA, Political Science, 1992,
Virginia Tech, Blacksburg, VA
And please proceed, Mr. Lidinsky, with your testimony.
STATEMENT OF RICHARD A. LIDINSKY, JR., COMMISSIONER-DESIGNATE,
FEDERAL MARITIME COMMISSION
Mr. Lidinsky. Thank you, Mr. Chairman. My name is Richard
A. Lidinsky, Jr., and I am a nominee for Commissioner at the
Federal Maritime Commission. I would like to take a moment to
introduce members of my family that are here. My wife, Mary
Duston; my sister, Mary Angela Mahoney; my brother, Frank; my
nephew, Dennis, who represents not just the family but the
Notre Dame football team.
[Laughter.]
Mr. Lidinsky. My older son lives in Los Angeles. He is not
able to be with us. He is in Los Angeles with his wife. My
younger son, John, cannot be here today because he is being
tested for entry into the Navy.
I am now going to re-thank Senator Mikulski and Senator
Cardin for their statements of support as well as Chairman
Brennan, Commissioner Dye, former Commissioner Creel and the
FMC staff for their courteous cooperation preparing for this
hearing, testimony.
Since Senator Mikulski reviewed my biographical background,
I am going to skip over that, except to say my entire legal
public service and business careers have revolved around the
various shipping statutes administered by the Federal Maritime
Commission. This small but dedicated agency has encouraged
innovation of commercial tools such as single bills of lading,
service contracts to move cargo rapidly, intermodally and
economically to and from our vast interior markets.
Containerization, the technology that transformed the face
of shipping, resulted in the greatest surge of trade the world
has ever witnessed, had an early and strong advocate in the
Commission. The FMC has played and continues to play today a
pivotal role in the protection of U.S. flag vessels, American
consumers, cruise passengers, importers, exporters and others
engaged in international waterborne commerce.
To deal with the realities of international maritime trade
in the 21st Century, I believe that the first priority of the
FMC today is to play a role in our economic recovery. We meet
today as our ports are suffering double digit percentage cargo
declines. Over 500 container ships are laid up or at anchor
awaiting work. On certain foreign trade routes, carriers are
moving containers virtually for free, charging just handling
and fuel costs.
Experts predict that any growth will not be seen before
next year. It is, therefore, the role of the FMC through its
regulatory powers to assist all segments of our waterborne
commerce, vessels, ports, support industries, labor both on
board on our ships and on our terminals, truckers and railroads
in regaining their economic vitality and jobs until and when
the upturn comes.
If confirmed, I would work to ensure that the FMC
discharges its legislative mandates, closely monitors currently
dominant and newly emerging trades, while also observing the
impact on our country of how other nations now regulate their
ocean carriers.
The Commission can also help carriers, ports and those
involved in their operations with green projects and other job
creating innovations consistent with FMC authority. For the
opportunity to confront those and other challenging issues with
my fellow Commissioners, I am most grateful to the President
for this nomination, and if confirmed, I look forward to
working with this committee for our country's protection and
prosperity on the world's sea trade routes.
Thank you for allowing me this opportunity to speak today.
I stand ready to answer any questions you might have.
[The prepared statement and biographical information of Mr.
Lidinsky follows:]
Prepared Statement of Richard A. Lidinsky, Jr., Commissioner-Designate,
Federal Maritime Commission
Good afternoon, Mr. Chairman, Senator Hutchinson and Members of the
Commerce Committee. My name is Richard A. Lidinsky, Jr., and I am a
nominee for Commissioner at the Federal Maritime Commission.
It is a great honor to appear before you today. I would like to
introduce my wife of 37 years, Mary Duston. Our older son, Richard III,
lives in Los Angeles with his wife, Tiffany Tuttle, and so cannot be
here today. Our younger son, John, cannot be here because he is being
tested today for entry into the Navy.
My entire legal, public service and business careers have revolved
around the various shipping statutes administered by the FMC. After
serving on the staff of the House Merchant Marine and Fisheries
Committee, I was appointed Legislative Counsel at the FMC during one of
the Commission's most active and important regulatory periods. I served
next as Port Counsel and Director in my home port of Baltimore, leaving
after a decade to join as a Vice President of Sea Containers, a global
marine manufacturing, leasing, and trading company. During my twenty
years in the private sector, I worked closely with the Pentagon to
containerize supplies for our troops. I also had the privilege of
serving as an advisor to our NATO Delegation on port and intermodal
matters.
Over recent decades the FMC has encouraged the innovation of
commercial tools, such as ``single bills of lading'' and ``service
contracts'' to move cargo rapidly, intermodally and economically to and
from our vast interior markets. Containerization, the technology that
transformed the face of shipping, resulting in the greatest surge of
trade the world has ever witnessed, had an early and strong advocate in
the Commission. The FMC has played a pivotal role in protecting U.S.
flag vessels and American consumers, cruise passengers, importers/
exporters and others engaged in our international waterborne commerce.
To deal with the realities of international maritime trade in the
21st Century, I believe that the first priority of the FMC is to play a
role in our economic recovery. We meet today as our ports are suffering
double-digit percentage cargo declines. Over five hundred container
ships are laid up or at anchor awaiting work. On certain foreign trade
routes, carriers are moving containers virtually for free, charging
just handling and fuel costs. Experts predict that any growth will not
be seen before next year. It is the role of the FMC, through its
regulatory powers, to assist all segments of our waterborne commerce--
vessels, ports, support industries, labor both on board our ships and
on our terminals, truckers and railroads--in regaining their economic
vitality and jobs when the upturn comes.
If confirmed, I would work to ensure that the FMC discharges its
legislative mandates and monitors currently dominant and newly emerging
trades, while also observing the impact on our country of how other
nations now regulate their ocean carriers. The Commission can also work
with U.S. flag carriers, ports and those involved in their operations
with Green projects and other job-creating innovations consistent with
FMC authority.
For the opportunity to confront these and other challenging issues
with my fellow Commissioners, I am most grateful to the President for
this nomination. If confirmed, I look forward to working with this
Committee for our country's protection and prosperity on the world's
sea trade routes.
Thank you for allowing me to speak with you today. I stand ready to
answer any questions you might have for me.
______
A. BIOGRAPHICAL INFORMATION
1. Name (Include any former names or nicknames used):
Richard Anthony Lidinsky, Jr. (Rick).
2. Position to which nominated: Commissioner, Federal Maritime
Commission.
3. Date of Nomination: June 18, 2009.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: #320--8600 LaSalle Road, Baltimore, MD 21286.
5. Date and Place of Birth: September 21, 1946; Baltimore, MD.
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: Mary Duston Lidinsky, part-time teacher, Baltimore City
Community College; children: Richard Anthony Lidinsky III, 33; John
Eric Lidinsky, 23.
7. List all college and graduate degrees. Provide year and school
attended.
American University, BA, School of Government and Public
Administration, 1968.
JD, University of Maryland School of Law, 1972.
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.
1969, Active duty U.S. Coast Guard (transferred to active
reserve in July 1969 and served until 1975 when I was honorably
discharged).
1970-1973, U.S. House of Representatives Merchant Marine and
Fisheries Committee and Office of Edward A. Garmatz, MC (3rd,
MD).
1973, Bill drafter, MD General Assembly.
1973-1975, Office of General Counsel, Legislative Counsel,
Federal Maritime Commission.
1975-1986, MD Port Administration, Port of Baltimore, Counsel
and Director of Tariffs and National Port Affairs.
1986-2006, Vice President, Governmental Affairs, Sea Containers
America and Sea Containers Ltd., Washington, D.C., and London.
2006-Present, Solo attorney practitioner (I use office space
within the Law Office of Frank G. Lidinsky).
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.
1995-2005, appointment by U.S. Department of the Army to serve
as a NATO High Level Expert (top secret clearance) for Ports
and Containers Transport Committee.
City of Baltimore: 2007, Vice Chairman of Compensation
Commission for Elected Officials.
2004-2009, Member of Excellence in Public Service Award
Committee.
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.
1986-2006, Vice President, Governmental Affairs, Sea Containers
America.
2000-2006, Board Member of the British American Business
Association.
2007-present, Director/Secretary of Theresa F. Truschel
Charitable Foundation, Inc.
2009, Legal advisor to Maryland Bar High School Court
Competition Committee.
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.
National Defense Transportation Association (1986-2006)
(Sealift Transportation Committee Member from 1996-2006).
British American Business Association (1986-2006).
Gamma Eta Gamma Legal Fraternity (1971-2009).
Bar Associations of Maryland and District of Columbia (1973-
present).
Maritime Administrative Bar Association (1973-present).
North Atlantic Ports Association (1976-present).
St. Thomas More Society (1986-present).
European Maritime Law Organization (1990-present).
Gamma Eta Gamma Legal Fraternity restricts membership based on sex;
otherwise, none of these 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.
Unsuccessful Democratic candidate for MD House of Delegates, 47th
District, 1978, no outstanding 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.
O'Malley for Mayor of Baltimore--$500 (1999).
Paul Sarbanes for Senate--$1,500 (1999).
National Republican Congressional Committee--$500 (2000).
Howard Coble for Congress--$500 (2000).
Don Young for Congress--$1,000 (2000).
National Republican Congressional Committee--$500 (2001).
Don Young for Congress--$1,000 (2001).
Helen Bentley for Congress--$1,000 (2002).
Don Young for Congress--$500 (2002).
Howard Coble for Congress--$500 (2002).
Ernest Hollings for Senate--$500 (2002).
B. Mikulski for Senate--$500 (2004).
Don Young for Congress--$500 (2004).
Howard Coble for Congress--$500 (2004).
O'Malley for Governor--$3,680 (2004-2006) (I also volunteered
as a maritime advisor).
Don Young for Congress--$500 (2005).
B. Cardin for Senate--$500 (2006).
Howard Coble for Congress--$500 (2006).
Jack Reed for Senate--$500 (2006).
S. Dixon for Mayor of Baltimore--$500 (2007).
J.P. Sarbanes for Congress--$500 (2008) (I also gave him $250
in 2005).
Barack Obama for President--$500 (2008).
J. Rosapepe for Maryland Senate--$1,000 (2008).
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Outstanding Service Award from U.S. Army for NATO service
(2000).
North Atlantic Ports Traffic Board award for legal service
(1986).
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 Federal Regulation of American Port Activities,'' The
International Trade Law Journal, Fall-Winter 1981-1982.
``American-Canadian Cross Border Container Traffic: Innovation
or Cargo Diversion?'' Journal of Maritime Law and Commerce,
Spring 1984.
Statement of Sea Containers America, Inc. to the Commission of
Merchant Marine and Defense, May 1988; NATO Alliance Intermodal
Handbook, January 2004.
While I worked at the Port of Baltimore from 1975-1986, I
occasionally spoke on conference panels about maritime matters,
but I have not retained any notes or records of these 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.
While serving as Legislative Counsel to the Federal Maritime
Commission from 1973 to 1975, I made several appearances before the
House Merchant Marine and Fisheries Committee and the Senate Commerce
Committee on legislation that would impact FMC authority in the areas
of rate regulation, intermodalism, monitoring of foreign ocean carrier
commercial activity, general trade issues, energy matters, resolution
of jurisdictional conflicts with other Federal agencies, and regular
budgetary procedures.
I also testified on a number of occasions before these same two
committees and the Senate Foreign Relations and Armed Services
Committees while working at the Port of Baltimore from 1975 to 1986. I
testified on Federal agency/departmental legislation, as well as issues
relating to dredging, trade and general port industry matters. During
this same period, on behalf of the Port of Baltimore, and in
conjunction with the North Atlantic Ports Association, and the American
Association of Port Authorities, I testified on topics such as Canadian
cargo diversion from U.S. ports, inland rate equalization,
deregulation, the Panama Canal Implementing Legislation, and the
Shipping Act of 1984.
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 our country by applying my public and private
sector experience to help make the Federal Maritime Commission a vital
force in regulating our foreign ocean-borne commerce. The
Administration's message of change, in my opinion, directs this agency
to be more proactive in anticipating the issues and needs of all
sectors of the American economy under its jurisdiction.
My entire maritime and legal career has been linked to the mission
of the FMC, beginning with my service as an aide on the House Merchant
Marine and Fisheries Committee and continuing through my tenure as
Legislative Counsel at the FMC itself, my time at the Maryland Port
Administration, where I assisted in crafting the port sections of The
Shipping Act of 1984, and finally as VP for Governmental Affairs for
Sea Containers where I acquired private sector experience and
perspective on government regulation of the global maritime industry.
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 Commissioner, my management role would be limited by the FMC's
current structure and the authority of the Chairman, but I will do my
part to ensure the Commission has proper and effective management and
accounting controls. I have served in senior management positions in
state government and in an international corporation. As the Counsel
and Director of Tariffs and National Port Affairs at the Port of
Baltimore and as Vice President for Governmental Affairs at Sea
Containers, I managed staff in different organizational structures and
have spent time reflecting on various management practices.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
1. In this period of severe economic downturn for international
waterborne commerce, I believe the FMC must continue to closely
monitor and analyze any long-term impacts on our ports, labor
force, inland transport links to our importers/exporters, as
well as the ocean carriers serving them, so that when the
upturn begins all are in a position to quickly restore growth
and employment.
2. I believe the FMC should ensure that it is using all of its
statutory authority in order to be proactive in its duties.
3. The FMC must anticipate future challenges in certain
dominant and emerging trades, working with all parties to
assist in Green port projects, and understanding the full
impact on our country of new transport patterns, policies, and
regulations abroad.
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.
From previous employer (Sea Containers) I have two retirement
accounts: LaSalle Street Securities, LLC, 2006 IRA account and
Ameritrade Institutional--Litman Gregory III, Balanced 2007 IRA
account.
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 FMC'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 Commission'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 FMC'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 Commission'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.
As Vice President at Sea Containers, I worked with colleagues to
express the company's support, including through letters to Congress
and the Administration, for various free trade agreements that would
impact maritime commerce growth. As a member of the Sealift Committee
of the National Defense Transportation Association, I worked with
others to draft and support eventual legislation for the Maritime
Security Program that provides vessels to the Pentagon in time of need.
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 FMC'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 Commission'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.
While I was employed by Sea Containers, the company was involved in
a handful of corporate civil litigation cases. I was never named as a
party and none of my actions were ever at issue. Also, in my capacity
as Vice President/Attorney at Sea Containers, I filed numerous Federal
contract bids. On occasion, the company would protest a contract loss
or allege a bid irregularity or, conversely, the company would win a
contract and be the target of a protest. All of these proceedings were
reviewed and resolved at the agency administrative level.
In December 1985, my wife and I adopted our second son. In 1986,
the biological mother sought a court order to rescind the adoption. The
court denied her claim and ruled in our favor.
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 RICHARD A. LIDINSKY, JR., ESQ.
2006-Present, Private Practice
1986-2006, Vice President, Governmental Affairs, Sea Containers
America Inc./GE SEACO/Orient Express Hotels, Washington, D.C. and
Baltimore, MD.
Responsible for representing entire corporate group in London,
New York and various international offices by monitoring and
lobbying for company interests in regulatory, trade and customs
matters before the U.S. Congress and with Federal departments
and agencies; negotiated contracts with Department of Defense
for container supply.
1995-2005, U.S. Delegation, NATO, Brussels, Belgium
Served as High Level Expert for Ports and Containers
Transportation Committee along with member countries ocean
shipping and intermodal activities; new member transportation
transition sub-committee service.
1975-1986, Director of Tariffs and National Port Affairs, Maryland
Port Administration, Baltimore, MD.
Responsible for preparing and publishing port tariffs and
negotiating agreements with ocean carriers; representing the
port before the Maryland General Assembly, U.S. Congress and
Federal departments and agencies; and monitoring laws,
regulations and actions proposed and enacted in the U.S. and
internationally affecting the Port of Baltimore; drafted port
use agreements during foreign trade missions.
1973-1975, Office of General Counsel-Legislative Counsel, Federal
Maritime Commission, Washington, D.C.
Drafted agency legislation, prepared agency testimony for
presentation to Congress and served as liaison with the Office
of Management and Budget and other Federal departments and
agencies; general staff attorney duties.
1973, Bill Drafter, Maryland General Assembly.
1970-1973, Staff, U.S. House of Representatives and House Merchant
Marine and Fisheries Committee.
1969-1975, U.S. Coast Guard Active Duty and Reserve Service.
Organizations/Professional and Civic Activities Past and Current
Member, Maryland, Washington, D.C. and Federal Bars.
British American Business Association, Washington D.C.
Board Director.
Member, Defense, Transportation and Port Security Committee.
National Defense Transportation Association.
Member, Sealift Transportation Committee.
North Atlantic Ports Association.
Chairman, Panama Canal Committee.
Special Counsel to Traffic Board.
Vice-Chairman, City of Baltimore Compensation Commission for
Elected Officials (2007) and City Committee for Excellence in Public
Service Award (2004-2009).
Member, Maryland State, Maritime Administrative Bar Associations
and European Maritime Law Organization.
Publications
Co-Author, ``American-Canadian Cross Border Container Traffic:
Innovation Or Cargo Diversion?'' Journal of Maritime Law and
Commerce, Spring 1984.
Co-Author, ``The Federal Regulation of American Port
Activities,'' The International Trade Law Journal, Fall-Winter
1981-1982.
Co-Author, NATO Alliance Intermodal Handbook, January 2004.
Education
JD--University of Maryland School of Law, Baltimore, MD, 1972.
BA--American University School of Government and Public
Administration, Washington, D.C., 1968.
Senator Udall. Thank you very much for your testimony.
Please proceed, Ms. Trottenberg.
STATEMENT OF POLLY TROTTENBERG,
ASSISTANT SECRETARY-DESIGNATE,
UNITED STATES DEPARTMENT OF TRANSPORTATION
Ms. Trottenberg. Thank you, Senator Udall. I will keep my
remarks brief.
It is a privilege for me to appear today before you as
President Obama's nominee for Assistant Secretary for
Transportation Policy. I would also like to introduce my
family, my husband, Mark Zuckerman, my stepson, Noah, my niece,
Sarah Godfrey, and also gratefully acknowledge the friends and
colleagues who lasted this long and who are still here.
I would also like to thank Senators Boxer and Schumer and
Governor Rendell for their very generous remarks earlier today.
As you heard, I worked twelve years here in the Senate.
During that time I have worked on much of the transportation
legislature this body has considered. And, if confirmed, I look
forward to bringing that invaluable experience to the
Department of Transportation.
Prior to coming to the Senate, I worked at both the
Massachusetts Port Authority and the Port Authority of New York
and New Jersey and learned firsthand about the challenges we
face at some of our Nation's busiest and most congested ports
and airports.
As Governor Rendell mentioned, I currently serve as
Executive Director of Building America's Future, a bipartisan
coalition of state and local elected officials chaired by
Governor Rendell, Governor Schwarzenegger and Mayor Bloomberg,
which seeks to increase investment in our Nation's
infrastructure and also focuses on program reform and
accountability.
If confirmed, I hope these experiences will enable me to
work with Congress as well as state and local governments to
help craft and implement Secretary LaHood's and President
Obama's national transportation priorities. These priorities
include job creation and economic growth, environmental
sustainability, reducing carbon emissions and our dependence on
fossil fuels, fostering livable communities and constantly
improving safety and security in all our modes of travel.
I am deeply committed to these goals and believe we have a
once in a generation opportunity to achieve them as Congress
and the Obama Administration prepare to rewrite our Nation's
surface transportation policy and work to ensure its long term
financial stability and sustainability.
I will conclude with thank you, Senator Udall, and the
community for scheduling this hearing. If confirmed, I pledge
to work closely with this Committee and Members of Congress in
finding common solutions to the great transportation challenges
and opportunities our Nation faces. And I would be happy to
answer any questions.
[The prepared statement and biographical information of Ms.
Trottenberg follows:]
Prepared Statement of Polly Trottenberg, Assistant Secretary-Designate,
United States Department of Transportation
Chairman Rockefeller, Ranking Member Hutchison, Members of the
Committee, it is a privilege for me to appear before you today as
President Obama's nominee for Assistant Secretary for Transportation
Policy.
I would like to introduce my husband, Mark Zuckerman, and my
stepson, Noah, and gratefully acknowledge the friends and colleagues
who are here today.
I have been fortunate to spend the majority of my career helping to
shape transportation policy in one of the world's greatest policy
shops--the U.S. Senate.
I served 12 years here working for Senator Barbara Boxer, Senator
Charles Schumer, and the late Senator Daniel Patrick Moynihan. And
during that time I worked on much of the major, highway, transit, rail,
air and maritime legislation this body considered and I look forward to
bringing that invaluable experience to the Department.
Prior to coming to the Senate, I worked at both the Massachusetts
Port Authority and the Port Authority of New York and New Jersey and
learned firsthand about the challenges we face at some of our Nation's
busiest ports and airports.
I currently serve as Executive Director of Building America's
Future, a bipartisan coalition chaired by Governor Edward Rendell,
Governor Arnold Schwarzenegger and Mayor Michael Bloomberg, which seeks
to increase our Nation's investment in infrastructure while focusing on
reform and accountability.
In my current position, I work closely with many state and local
elected officials and have seen the fiscal, operational and political
challenges they face in maintaining and modernizing their
transportation systems. I have also been inspired by what states,
regions and localities across the country are doing to collaborate,
innovate and experiment on transportation.
If confirmed, I hope this experience will enable me to work with
Congress, as well as state and local governments, to help craft and
implement Secretary LaHood's and President Obama's national
transportation priorities.
Those priorities include: job creation and economic growth,
environmental sustainability, reducing carbon emissions and our
dependence on fossil fuels, fostering livable communities, and
constantly improving safety and security in all modes of travel.
I am deeply committed to these goals and believe we have a once-in-
a-generation opportunity to achieve them as Congress and the Obama
Administration prepare to rewrite our Nation's surface transportation
policy and work to ensure its long-term financial stability and
sustainability.
One key to achieving that sustainability will be to create a
transportation program that is multi-modal, performance-driven,
transparent, and accountable. To do so, we must greatly strengthen our
ability at the Federal, state and local level to conduct cross-modal
comparisons of projects and track and measure program costs, timelines
and outcomes.
If confirmed, I look forward to assisting the Department of
Transportation in strengthening its own data-collection, research and
analysis capabilities, as well as assisting states, localities, MPOs
and transportation agencies to ensure that they have the tools and
capacity needed to conduct better investment analysis and meet the
challenge of transitioning to a 21st Century performance-based system.
To conclude, Mr. Chairman, thank you for scheduling this hearing.
If confirmed, I pledge to work closely with this Committee and the
other committees of jurisdiction in finding common solutions to the
great transportation challenges and opportunities our Nation faces.
I would be happy to respond to any questions you and other Members
of the Committee may have.
______
A. BIOGRAPHICAL INFORMATION
1. Name (Include any former names or nicknames used): Polly Ellen
Trottenberg.
2. Position to which nominated: Assistant Secretary for
Transportation Policy, Department of Transportation.
3. Date of Nomination: June 8, 2009.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: Building America's Future, 1301 Pennsylvania Ave., NW,
Suite 350, Washington, DC 20008.
5. Date and Place of Birth: March 16, 1964; Boston, MA.
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: Mark Zuckerman, Staff Director, House Committee on
Education and Labor, 2181 Rayburn HOB, Washington, DC 20515;
children: Naomi Zuckerman, age 19; Noah Zuckerman, age 14.
7. List all college and graduate degrees. Provide year and school
attended.
BA in History, Barnard College, Columbia University, May 1986.
Masters in Public Policy, Kennedy School of Government, Harvard
University, June 1992.
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.
Building America's Future, Executive Director, Washington,
D.C., Aug. 2008-Present (managerial, related).
Senator Barbara Boxer, Deputy Chief of Staff and Legislative
Director, Washington, D.C., Jan. 2006-July 2008 (managerial,
related).
Senator Charles E. Schumer, Legislative Director, Washington,
D.C., Jan. 1999-Dec. 2005 (managerial, related).
Senator Daniel Patrick Moynihan. Legislative Assistant for
Transportation, Public Works, and Environment, Washington,
D.C., Oct. 1996-Dec. 1998 (non-managerial, related).
Port Authority of New York & New Jersey, New York, NY, Senior
Executive Assistant to the Director of Aviation and Executive
Assistant to the Executive Director, Oct. 1994-Sept. 1996 (non-
managerial, related).
Massachusetts State Senate, Boston, MA, Policy Analyst, Joint
Committee on Commerce and Labor, State Senator Lois Pines,
Chair, June 1992-Sept. 1994 (non-managerial, related).
Massachusetts Port Authority, Boston, MA, Research Associate,
Department of Administration and Finance, Summer 1991 (non-
managerial, related).
Perry Davis Associates, New York, NY, Research Director, March
1988-April 1990 (non-managerial).
Freelance Writer and Editor, New York, NY and Chicago, IL,
September 1986-February 1988 (non-managerial).
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.
National Democratic Institute for International Affairs,
Pristina, Kosovo, served as a legislative expert working with
Members and staff of the Kosovo Assembly, December 2006.
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.
Working World TV, Founding Member, February 2005 to October
2007.
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.
Women's Transportation Seminar (WTS) Jan. 2009-Present.
WTS does not restrict membership.
Women's Leadership Network Dec. 2008-Present.
WLN restricts membership based on sex.
Barnard in Washington Club 1996-Present.
Barnard in Washington Club restricts membership based on sex.
The Road Gang March 2009-Present.
The Road Gang does not restrict membership.
Member of the Economic Policy Institute's Transportation
Infrastructure Research Project Advisory Committee 2009-
Present.
EPI does not restrict membership.
Member of the of the America 2050 ``Visualizing a 21st Century
Transportation System'' Policy Subcommittee 2009-Present.
America 2050 does not restrict membership.
In addition, over the last several years I have donated money
to various organizations that consider their contributors
``members.'' These include: Rock Creek Pool, Inc.; Friends of
Rock Creek's Environment (FORCE); WAMU 88.5 American University
Public Radio; Environmental Defense Fund; Humane Society of the
United States; Natural Resources Defense Council; Smart Growth
America; Friends of the Earth; The Nature Conservancy; Sierra
Club; National Trust for Historic Preservation; and Chesapeake
Bay Foundation.
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.
Obama for America--$800 in 2008.
Friends of Dan Maffei--$700 in 2008, $200 in 2005.
Democratic Senatorial Campaign Committee--$700 in 2008, $250 in
2006.
John Kerry for President--$1,750 in 2004.
DNC--$1,000 in 2004.
Emily's List--$1,000 in 2004.
Campaign volunteer work:
Gore/Lieberman, Oct.-Nov. 2000.
Dutch Ruppersberger for Congress, Oct. 2002.
Frank Lautenberg for Senate, Oct. 2002.
Tim Bishop for Congress, Nov. 2002.
Charles Schumer for Senate, July-Oct. 2004.
Kerry/Edwards, Oct.-Nov. 2004.
Ron Klein for Congress, Oct. 2006.
Lois Murphy for Congress, Oct. 2006.
Obama/Biden, Oct.-Nov. 2008.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Phi Beta Kappa, 1986.
Ellen Davis Goldwater History Prize, 1986.
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.
Written
Research paper for America 2050--``Federal Decision-Making in
Transportation Investments: Getting the Federal Government to
do `the Math' ''--December, 2008.
As a freelance writer from 1986 to 1988 I covered real estate
and business topics. Generally my writings were not published
under my name and were used in newsletters, textbooks and
business journals. I do not have any records of them now and I
believe that all the entities I wrote for then have long since
gone out of business.
Speaking
Panel discussion at the America 2050 Forum ``Infrastructure
Strategies for the Southwest Megaregion'' on ``The Federal
Government, America 2050 and Megaregions'' June, 2009.
Panel Discussion at the Climate and Energy Funders Group Annual
meeting on ``Mapping a New Transportation Future,'' May 2009.
``Building America's Future and our vision for the
reauthorization of the surface transportation legislation'' at
The Road Gang, May 2009.
``Advancing Passenger and Freight Rail in the Nation's
Transportation System,'' at a conference hosted by Railway
Supply Institute, OneRail and Women in Government Relations
entitled ``Selling to America's Railroads: Freight, Intercity
and High-Speed Rail Development'' in May, 2009.
Panel discussion at the Regional Plan Association 19th Annual
Forum on ``Transportation Projects in an Economic Downturn,''
in NYC in April, 2009.
Panel discussion at the Transportation Research Forum 50th
annual meeting on ``The Future of Federal Surface
Transportation Policy'' in Portland, OR. March 2009.
The 5th Annual Public Private Partnerships USA Summit in
Washington, D.C., March 2009.
The RPA/Urban Land Institute National Association of Regional
Councils' 7th Annual Metropolitan Regions Forum in Washington,
D.C., February 2009.
The National Association of City Transportation Officials
(NACTO) workshop on ``Improving the Federal Funding Process and
Achieving a State of Good Repair'' in New York, NY, February
2009.
The Governing Magazine's ``Outlook in the States 2009
Infrastructure Initiatives'' panel with PA DOT Secretary Allen
Biehler in Washington, D.C., February 2009.
Roundtable discussion at the Transportation Research Board
annual conference--``The Future of Federal Transportation
Funding and Finance--Paradigm Shift or More of the Same?'' in
Washington, D.C., January 2009.
Chaired the America 2050 ``Trans-American Network'' Intercity
Passenger Travel Working Group and presented paper on ``Federal
Decision-Making in Transportation Investments'' at America 2050
Workshop, in Pocantico, NY, December 2008.
``Politics and Policy: Transportation and Climate'' panel at
the ``Moving Cooler: Leveraging Transportation Policy to Fight
Climate Change'' summit hosted by NRDC, Friends of the Earth,
Center for Clean Air Policy and EESI in Washington, D.C.,
November 2008.
The Euromoney Conference on Public Private Partnerships in New
York, NY, September 2008.
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?
The Office of Transportation Policy is the office responsible for
recommending overall surface transportation policy initiatives to the
Secretary. The office coordinates multi-modal initiatives and
processes, such as the development of DOT's proposed reauthorization
language. The office is the chief domestic policy office for the
department and is responsible for analysis, development, communication
and review of policy and plans for domestic transportation issues,
including intermodal initiatives involving the department's multiple
operating administrations.
I have nearly 20 years of diverse policy-making experience in state
government, two regional port authorities, the U.S. Senate, and running
an infrastructure non-profit heavily focused on transportation.
My 12 years on Capitol Hill working for three U.S. Senators, the
late Senator Daniel Patrick Moynihan, Senator Charles Schumer and
Senator Barbara Boxer, enabled me to participate directly in all of the
major transportation legislation during that period and to work closely
with all Senate Committees of jurisdiction--Environment and Public
Works; Commerce, Science, and Transportation; Banking, Housing and
Urban Affairs; and Finance, as well as the Appropriations Committee.
My current job as Executive Director of Building America's Future
(BAF), a bipartisan infrastructure coalition chaired by Governor Edward
Rendell, Governor Arnold Schwarzenegger and Mayor Michael Bloomberg,
has enabled me to work closely with many state and local elected
officials and get a deeper understanding of how Federal transportation
policy affects them and what states and localities are doing to
innovate and experiment. Through BAF, I have also been able to
participate directly in many of the current transportation policy
debates throughout the country.
I believe that our Nation currently faces a once-in-a-generation
opportunity to build a 21st Century transportation system that will
bolster U.S. economic growth and long-term prosperity, address global
warming and our dependence on fossil fuels, grow our freight system
capacity, foster rural mobility, and enhance the safety and the quality
of life for our citizens and communities.
I have had a lifelong interest and passion in transportation policy
and what it can do to improve the lives of ordinary Americans and our
Nation's economy. I believe that my background and extensive experience
with transportation policy at the local, state and Federal levels, and
my intimate knowledge of the legislative process, have prepared me to
serve in this role.
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?
In many ways the U.S. Department of Transportation is a grant-
making agency, disbursing billions of dollars to State DOTs and
transportation agencies. It is extremely important that those Federal
dollars are spent in as accountable, transparent and goal-oriented
manner as possible. I believe one of the key functions of the Office of
Policy is to focus on the oversight of that spending, ensuring it
achieves national policy goals and Congressional intent.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
a. The Next Surface Transportation Authorization. With SAFETEA-
LU set to expire at the end of September 2009, a robust debate
about the financing and policy direction of the next surface
transportation bill is well underway in Congress and throughout
the country. I believe it is essential that the Department of
Transportation, working with Congress, provide leadership and
help set forth a national vision for transportation policy as
well as articulate goals and program specifics for this
important bill that has the power to establish transportation
investment decisions over the long-term. The challenges are
formidable--the Highway Trust Fund is insolvent and gas tax
revenues at their current levels can no longer sustain the
highway and transit programs, let alone support Administration
priorities in freight and passenger rail. The system has a huge
backlog of maintenance needs as well as a need for significant
new investment in the coming years.
b. Aviation Policy. Congress is also set to once again take up
the FAA reauthorization and many key issues are on the table in
a very unfavorable economic climate for the aviation industry.
DOT and FAA will need to provide leadership in resolving the
long-standing contract dispute with the Air Traffic Controllers
and in aviation safety. DOT and FAA will also need to work with
Congress to ensure that the NextGen satellite-based navigation
system is sustainably funded and finally underway, working with
the other Federal agencies involved--the Department of Defense,
NASA and the Department of Homeland Security.
c. Intermodalism and Strengthening the Connections between
Transportation, Economy, Environment, Energy and Housing. U.S.
transportation policy has been ``stovepiped'' by mode, each
with its own funding source, policy imperatives, constituency
groups and modal administration within DOT. This often fosters
building projects because a given funding source exists instead
of seeking to address national transportation policy goals in
the most efficient and effective way possible. It has resulted
in a transportation policy where highways, transit, rail, ports
and aviation receive widely varying levels of Federal support
and limits the abilities of states, localities and
transportation agencies to make sound investment choices that
best meet the needs of their citizens and businesses.
In addition, DOT must improve coordination with other agencies,
including the Departments of Treasury, Energy, Housing and
Urban Development, and the Environmental Protection Agency.
These agencies share many complex and cross-cutting challenges,
including increasing economic opportunities for Americans,
reducing U.S. dependence on fossil fuels and addressing climate
change, and creating sustainable and livable communities. These
shared challenges require unprecedented communication and
coordination.
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 a Thrift Savings Plan (TSP) account for retirement.
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. None.
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 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.
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 worked in the U.S. Senate for most of the last decade and so have
worked on many pieces of legislation. Key legislative issues that I
covered included: TEA-21, SAFETEA-LU, FAA Reauthorization, Amtrak
reauthorization, Coast Guard reauthorization, Airline Passenger Bill of
Rights, various Water Resources Development Act bills, numerous
Appropriations bills, Greater Access to Affordable Pharmaceuticals Act
of 2001, Bankruptcy Reform Act, Post 9/11 Victims Compensation Fund,
Help America Vote Act, Energy Policy Act of 2005, Farm Conservation and
Energy Act of 2008, Child Custody Protection Act, and the Consumer
Product Safety Act. As Executive Director of Building America's Future,
I have also been involved in debates about the American Recovery and
Reinvestment Act of 2009, as well as the next surface transportation
reauthorization and the next FAA reauthorization.
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 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 nosh
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 POLLY E. TROTTENBERG
Professional Experience
Building America's Future, Washington, D.C., Aug. 2008-present,
Executive Director.
Manage a new bipartisan non-profit organization, Building
America's Future (BAF), created to advocate for increased
investment in infrastructure and major transportation policy
reform. BAF is chaired by Governor Edward G. Rendell, Governor
Arnold Schwarzenegger and Mayor Michael R. Bloomberg and has a
membership of elected officials from across the U.S.
Responsible for organization's startup operations, including
representing the organization publicly and in the press,
fundraising, hiring, policy development, advocacy, coalition-
building and media strategy.
Senator Barbara Boxer, Washington, D.C., Jan. 2006-July 2008,
Deputy Chief of Staff and Legislative Director.
Chief policy advisor to Senator Boxer, responsible for
developing comprehensive legislative agenda, media and
political strategy, with focus on the Environment and Public
Works and Commerce Committees. Areas of expertise include
transportation, environment, appropriations, and economic
development.
Extensive experience on transportation legislation, including
FAA Reauthorization, Airline Passenger Bill of Rights, Amtrak
reauthorization, developed legislation to address Coast Guard
and oil spill issues in the wake of the Cosco Busan accident in
San Francisco Bay.
Twelve years legislative experience in the U.S. Senate,
specializing in bipartisan coalition-building to achieve
successful legislative outcomes. Extensive management and
leadership experience, responsible for the hiring, training,
and supervision of legislative staff of 15.
Senator Charles E. Schumer, Washington, D.C., Jan. 1999-Dec. 2005,
Legislative Director.
Chief policy advisor to Senator Schumer, responsible for
developing comprehensive legislative agenda, media and
political strategy, with focus on the Banking, Housing and
Urban Affairs, Energy, Judiciary, and Finance Committees, with
focus on transportation. Assisted in the creation and
organization of all aspects of a new Senate office.
Extensive experience on transportation legislation and policy,
including SAFETEA-LU with a focus on mass transit funding,
Amtrak, port and aviation issues, including helping to bring
new airline service to Upstate New York, and transportation
appropriations.
Led the development of New York's bipartisan post-September 11
legislative agenda, working closely with the Bush
Administration, including securing $21 billion in
appropriations, crafting a $5 billion business recovery tax
package and a $4.5 billion transportation infrastructure plan
for Lower Manhattan.
Senator Daniel Patrick Moynihan, Washington, D.C., Oct. 1996-Dec.
1998, Legislative Assistant for Transportation, Public Works, and
Environment.
Lead advisor to Senator Moynihan on the Environment and Public
Works Committee. Responsible for developing policy and
political strategy on transportation, public works, and
environmental issues. Areas of expertise included TEA-21,
Amtrak, mass transit, aviation, water resources, public
buildings, and transportation appropriations.
Developed political strategy for Northeast and urban states to
maintain environmentally sustainable highway and mass transit
programs during authorization of TEA-21. Won passage of
initiative to encourage employers to offer mass transit
benefits to employees.
Port Authority of NY & NJ, New York, NY, Oct. 1994-Sept. 1996,
Senior Executive Assistant to the Director of Aviation, Gerald P.
Fitzgerald.
Directed the Port Authority Board approvals process for the
Aviation Department, which operates the region's three major
airports--Kennedy, Newark, and LaGuardia. Supervised a staff of
seven who provided administrative and policy support for 1,800-
person department.
Executive Assistant to the Executive Director, Stanley Brezenoff
Provided administrative and policy analysis support to the
Executive Director in key areas, including negotiation of New
York City Airport Lease, the AirTrain Project and Port
dredging.
Massachusetts State Senate, Boston, MA, June 1992-Sept. 1994,
Policy Analyst, Joint Committee on Commerce and Labor, State Senator
Lois Pines, Chair.
Developed legislative initiatives for the Committee on labor
and business issues, including economic and industrial
development, defense conversion, welfare reform, job training,
unemployment insurance, consumer protection, foreign trade, and
tourism.
Massachusetts Port Authority, Boston, MA, Summer 1991, Research
Associate, Department of Administration and Finance.
Conducted financial analysis projects, including the
development and design of a new rate methodology and fee
structure for Logan Airport's International Terminal and
determined its financial implications for airline carriers and
Massport.
Perry Davis Associates, New York, NY, March 1988-April 1990,
Research Director.
Supervised research and writing for economic development
consulting firm, specializing in public/private partnerships,
conducted field surveys and interviews, created and drafted
Federal and private foundation grant proposals, and implemented
design and presentation of economic development initiatives,
including a $1.5 million high school health careers education
program for Bronx-Lebanon Hospital.
Education
Harvard University, John F. Kennedy School of Government,
Cambridge, MA.
Master of Public Policy, June 1992.
Editor-in-Chief, Kennedy School Beacon, 1991-1992. Reporter,
1990-1991.
Columbia University, Barnard College, New York, NY.
B.A., magna cum laude, in History, May 1986.
Elected to Phi Beta Kappa, April 1986.
Other Activities
Speaker at events hosted by a variety of transportation and
infrastructure groups.
Current Member of the Economic Policy Institute's
Transportation Infrastructure Research Project Advisory
Committee.
Current Member of the America 2050 ``Visualizing a 21st Century
Transportation System'' Policy Subcommittee.
Chaired the America 2050 ``Trans-American Network'' Intercity
Passenger Travel Working Group and presented paper on ``Federal
Decision-Making in Transportation Investments'' at America 2050
Workshop, December 2008.
Aspen Institute Socrates Society Congressional Scholar at ``The
Terrorist Threat: Six Years After 9/11, How Safe Are We?''
seminar, October 2007.
National Democratic Institute for International Affairs,
Pristina, Kosovo, served as a legislative expert working with
Members and staff of the Kosovo Assembly, December 2006.
Senator Udall. Thank you. Thank you very much.
And I guess this one I am going to direct to Ms. Hersman
for a minute. Shortly after we met, I was reminded of the
NTSB's important role in protecting public safety. The fatal
Metro accident here in Washington is a reminder to all of us
that the work of ensuring public safety is never finished.
In your testimony, you state that NTSB is uniquely situated
to point the way toward a safer transportation system. 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 insure that the NTSB recommendations are
implemented instead of ignored?
Ms. Hersman. Well, Senator, I have to say that one of the
best ways for those recommendations to get implemented and not
ignored is when the Congress, and in particular this committee,
pays attention to them. The Safety Board held a 3-day public
hearing on the fatal Colgan accident when there were 50
fatalities, and I think that we were able to give you all a
head start on some of the work that you are doing. This
Committee held two hearings, looking at some of the early
issues that were raised in that accident.
This Committee also was able to address two issues that
have been on our Most Wanted List of Safety Improvements in the
Rail Industry last year with the Rail Safety Improvement Act.
This Committee required changes in hours-of-service laws that
had not been updated for decades, and it mandated the
implementation of positive train control, which has been on our
most wanted list since its inception. So sometimes I think we
can push and the public can be focused.
Certainly would like to see the regulatory agencies take
action just because we asked them to, but if they have not, we
feel fortunate that you all are sometimes looking over our
shoulder, holding them accountable for some of the issues that
you think are the most important.
Senator Udall. And we hope that you will continue to be
aggressive. I think one of the things that you mentioned to me
when we met in my office was trying to focus on deadlines and
bringing the public's attention to what has happened. So I hope
that you will continue to do that, too.
Ms. Hersman. Thank you, sir.
Senator Udall. Thank you.
Mr. Lidinsky, you state in your testimony that the Federal
Maritime Commission can work with U.S. flag carriers, ports and
those involved with their operations with green projects and
other job creating innovations. I believe there is a tremendous
potential in green initiatives and technologies to create new
jobs and innovations that would enhance environmental
sustainability, yet last year the Commission delayed
implementation of a clean trucks program to improve air quality
of congested ports in Long Beach in Los Angeles. And I am
concerned that the Commission would block what appears to be a
reasonable environmental initiative.
As Commissioner, will you fairly consider efforts to
promote environmental sustainability while ensuring the
efficient flow of goods from our Nation's ports?
Mr. Lidinsky. Senator, I am well aware of the Los Angeles
Long Beach case. And since it is still in litigation before the
Commission, I cannot comment on the specifics on that case;
however, I would say that I would give it very full and fair
consideration. I think the maritime industry is one of the last
industries coming to the green issues.
The EPA has just imposed certain requirements on vessels
along with the International Maritime Organization, clean air,
or other issues are being imposed state by state. So I think we
are in an infancy period, but certainly one that all parties
can work together to really put a green agenda in play for
these ports throughout the country.
Senator Udall. Thank you, and that is very, very
encouraging to hear that.
Ms. Trottenberg, New Mexico, like every other state, relies
first and foremost on roads for transportation; however, I
believe that Americans need more alternatives to driving in
order to reduce both our dependence on foreign oil and
emissions that contribute to global warming.
The New Mexico Rail Runner, a new rail line in New Mexico
from Belen to Santa Fe, just celebrated its two millionth rider
since it just opened and it has been opened less than a year.
It is comfortable, an efficient way to travel, it gets people
out of their cars and off congested highways. I believe that
the Rail Runner is an example of a forward thinking
transportation investment that will provide benefits to the
state for years to come.
In your testimony, you state that the Department of
Transportation should strengthen its own capabilities while
also assisting the state and local transportation agencies to
ensure that they have the tools and capacity needed to meet the
challenge of transitioning to a 21st Century performance-based
system.
Have you explored how the Department of Transportation can
build state and local agency capacity to meet the
transportation needs of rural states like New Mexico and many
of our states out West?
Ms. Trottenberg. Well, Senator Udall, the Department
actually has a proposal out now in conjunction with its desire
to do an 18-month extension on the current safety rule
authorization, which I think would authorize grants to go to
states and localities all over the country, urban, suburban and
rural, and help them start the process of doing the kind of
data gathering and evaluation and project evaluation that they
need.
Like New Mexico, there are places all over the country now
that are experimenting with transit. It is not just the
traditional big coastal cities. Much more rural areas are
discovering that transit can be a fantastic option, but a lot
of them still need some of the tools to help figure out how to
put those projects together. I think the DOT is going to be
very enthusiastic about helping them.
Senator Udall. Thank you. Thank you. Let me, I believe
Senator Lautenberg is on the way. He does want to ask a
question, so I will ask one more here while we are--hopefully
he will be here within a few minutes. And we are expecting
votes to occur here in the next 5 or 6 minutes, so we are not
trying to shortchange you in terms of your testimony.
And as you heard from the Chairman, no doubt you all come
with great recommendations and I think the Members of this
Committee feel that they can no doubt recommend you.
Senator Lautenberg, good to have you here. You arrived
and----
Senator Lautenberg.--make the quorum, Mr. Chairman.
Senator Udall. Well, you do not make a quorum, but it is
wonderful to have you here. And if you are ready to proceed to
questioning, we are ready to recognize you.
STATEMENT OF HON. FRANK R. LAUTENBERG,
U.S. SENATOR FROM NEW JERSEY
Senator Lautenberg. That is very kind, Mr. Chairman, and I
appreciate it. And despite the appearance, at this moment, I am
junior to this fellow.
[Laughter.]
Senator Lautenberg. Thanks very much, Mr. Chairman. I
appreciate you monitoring this--these very capable
presentations, these very capable folk here who are well
qualified.
It was said earlier by a colleague, Senator Mikulski from
Maryland, when going over a list of nominees, she said even
though I do not know Polly Trottenberg, I am for her anyway.
And I can say that for Mr. Lidinsky and Deborah Hersman, I am
for you anyway, so----
[Laughter.]
Senator Lautenberg. But I wanted to just acknowledge that
each of you comes particularly well trained for these
assignments and we wish you well.
I have a couple of questions that I would like to review
but I just want to say to you each, thank you for your past
service to our country and for agreeing to serve once again. I
did it. I liked it, as a matter of fact. I stepped away for 2
years and decided that I was more lonesome for the place than
the place was for me. I let the people of New Jersey make that
decision.
I want to focus my remarks on the nominees, the National
Transportation Safety Board, the Department of Transportation
and the Federal Maritime Commission. Washington is, as everyone
knows, is still recovering from last month's rail crash where
nine people died. That accident reminds us that we need to make
our trains, subways and buses safer because more Americans are
riding them than ever before. I am a regular Amtrak user, going
between Washington and New Jersey, and I see the crowding that
is taking place there.
I also use New Jersey Transit, the transit system, and I
see that people are going to these facilities to use them
because it is far more reliable than the highway traffic or
the--the airline companies will forgive me--than we have seen
in the aviation business.
So this Committee has held two hearings on the tragic crash
of Colgan Flight 3407 in Buffalo. Fifty people died in that
accident, which was a reminder that we must make our aviation
system safer and even more reliable. From the ground to the
air, we need the NTSB's help in this pursuit, and Ms. Hersman
was nominated to be the Chairperson of the NTSB, a very
responsible position. And the fact that you are nominated for
this purpose is testimony to the skill that you bring and the
commitment that you have.
So Board member, I know that you have been on the scene of
more than fifteen major transportation accidents, including the
recent rail crash in Washington. If confirmed, we will look to
you to help make the Nation's roads, airways, railroads,
transit lines and pipelines safe for people who use and work on
them.
Ms. Trottenberg is nominated to be the Assistant Secretary
of Transportation Policy at DOT and, if confirmed, you will
play an integral role in fashioning the next surface
transportation bill. I look forward to working with all of you
and the Administration in crafting a comprehensive bill that
meets our Nation's evolving transportation needs.
These needs include our freight network, particularly
moving goods by rail and by barge. I have introduced a bill to
encourage more freight to be carried by barges and ships.
Shipping by barge reduces congestion on roads, cuts emissions
and energy consumption and improves safety.
And finally, Richard Lidinsky is nominated to be
Commissioner of the Federal Maritime Commission. And if
confirmed, we are going to need your leadership to ensure that
our Nation's ports and maritime infrastructure can meet the
growing demands placed on them.
Mr. Chairman, I have cheated just a little bit and I
included an opening statement. Do we still have time for me to
give questions?
Senator Udall. Yes, we still have time for questions. I
have asked my questions and I am deferring to you on questions.
So please proceed.
Senator Lautenberg. Ms. Hersman, runway safety and aircraft
overruns continue to be significant problems. A law that I
wrote in 2005 set a deadline of 2015 for compliance with the
FAA runway standards.
Earlier this year, a DOT Inspector General report stated
that FAA overstated the number of airports meeting FAA runway
standards.
Now, do you have doubt about his statements? Do you believe
that airports are on track to meet the runway standards by the
2015 deadline?
Ms. Hersman. Senator Lautenberg, I can tell you that we are
very concerned about runway safety and the compliance of those
airports. I know the IG's report mentioned that there were
quite a few major airports of the 30 largest that were not
going to be compliant.
Unfortunately, I launched with our team to Teterboro, New
Jersey, to the overrun that occur into a warehouse there. We
have made numerous recommendations about runway safety areas,
and we do appreciate what you did in the legislation to try to
move those around.
We are going to continue to monitor those closely. We know
that we are seeing so many more excursions and overruns,
including at Midway in Chicago and at Teterboro. We have seen
quite a few in the last few years and it is an area of focus
for the Safety Board and we will continue to look at that.
Senator Lautenberg. We have your commitment.
Ms. Trottenberg, last month in New Jersey, we broke ground
on the largest mass transit project in the country. It is a new
rail tunnel under the Hudson River connecting New Jersey and
New York. Unless it is not clear, this is, in my view, a
national priority. It is not simply connecting the two states
and their commerce, but it really reflects our interest in
making sure that commerce can flow freely. If we can improve
the scheduling on Amtrak and other rail service that go under
the Hudson River, it is going to make things work a lot more
efficiently.
This project is going to create jobs, shorten commutes,
reduce emissions and when complete, it will take 22,000 cars
off the roads daily.
If confirmed, are you prepared to make this issue a
priority, and do you see things going where there is a large-
scale transformational project like the Hudson River Tunnel?
Ms. Trottenberg. I thank you, Senator Lautenberg. I have
been an enthusiastic supporter of the ARC Project even since my
days at the Port Authority, and I can assure you I think there
is great enthusiasm for it in the Department of Transportation.
And if confirmed, yes, it would certainly, I agree with you,
that it is a transformational project for the New York, New
Jersey region.
And you raise a very good question and something I know
that the Secretary has talked about in part of what he is going
to be looking for, for starters in the $1.5 billion
discretionary program, finding a way to fund these sort of
large transformational projects of national significance which
often straddle different states and are very, very complex and
are hard to get Federal funding for.
So I can tell you I think that is going to be a big
priority for the Department.
Senator Lautenberg. So you had time with the Port
Authority?
Ms. Trottenberg. I did before----
Senator Lautenberg. You know when I came here I was the
Commissioner of the Port Authority----
Ms. Trottenberg. I know that.
Senator Lautenberg.--when I came to the Senate. And what I
tried to do was hang on for a bit of time because I really felt
the Port Authority of New York and New Jersey a very important
agency and demonstrates that bi-state arrangements can be made
and function efficiently.
Well, it took take about 2 weeks before the New York Times
said, hey, you have got one job--well, the Port Authority did
not pay at all. I will not comment on the Senate job. But it is
a real agency.
Ms. Hersman, remember people--crashing with large trucks
already average 5,000 each year, yet some have proposed
relaxing the ban on large trucks that weigh more than 80,000
pounds. They are longer than 53 feet on our interstate highway
system.
Relaxing this ban, does it sound like it might be adding a
significant safety risk to the driving public?
Ms. Hersman. Senator Lautenberg, the Safety Board has not
looked at this issue, but I can tell you that we have paid very
close attention to heavy truck accidents on our Nation's
highways. I think one of the issues that is very important is
that this number has remained relatively flat since the Federal
Motor Carriers Safety Administration has been created.
The Safety Board has made numerous recommendations for
enhanced oversight, enforcement and technologies. No matter
what size the truck is, we do not want to see accidents between
heavy trucks and other vehicles, because we know that they do
not turn out well.
If a truck driver gets fatigued and plows into a stand of
cars at a toll plaza, it is very likely that we are going to
see fatalities in either the buses or the cars that are hit, as
we did in the Marengo Toll Plaza in Illinois.
So I can tell you that we have a number of concerns about
the safety of trucks, but the Safety Board has not weighed in
on heavy trucks size and weight issues.
Senator Lautenberg. Well, I encourage your views.
And, last, Mr. Chairman, I want to ask Mr. Lidinsky----
Senator Udall. The Chair would just like to advise
everybody we are about 12 minutes into a 15-minute vote now on
the Senate floor. The vote began, I believe, at 4:47, so please
Senator Lautenberg, please continue.
Senator Lautenberg. OK, well if we had time, Mr. Lidinsky,
I would have asked you this.
[Laughter.]
Senator Lautenberg. During your years of experience with
the maritime industry, did you think that the level of
communication between industry and the Federal Maritime
Commission is readied up to be? That can be a yes or no
question.
Mr. Lidinsky. The answer is it should be better, and we are
going to work for that goal, Senator.
Senator Lautenberg. All right. Thank you very much.
Thanks, Mr. Chairman.
Senator Udall. Thank you, Senator Lautenberg. Just a couple
of quick housekeeping measures. Without objection, I would like
to enter a statement and additional materials for Senator
Rockefeller regarding Mr. Bolden's nomination in the hearing
record. Without objection other members have 3 days to enter
statements for the record, and I would ask all members to send
questions for the record by 6 p.m. tonight to give nominees
sufficient time to answer.
And we would like to thank this distinguished group of
nominees. We look forward to moving you forward quickly. And
the hearing is adjourned.
[Whereupon, at 5 p.m., the hearing was adjourned.]
A P P E N D I X
Statement of Hon. John D. Rockefeller IV
I am entering into the hearing record memoranda prepared by the
Congressional Research Service (``CRS''), at my request, and the
Department of Justice's Office of Legal Counsel (``DoJ OLC'') regarding
the statutory requirement that the NASA Administrator come from
civilian life and its application to Mr. Bolden.
Section 2472(a) of title 42 states that NASA shall be headed by an
``Administrator, who shall be appointed from civilian life by the
President by and with the advice and consent of the Senate.'' If a
nominee for Administrator is found not to be from civilian life, a
waiver would be required for him to be appointed as was done in the
appointment of Admiral Richard Truly in 1989, who was not yet retired
at the time of his nomination.
Mr. Bolden retired from the United States Marine Corps in 2003 and
is currently on the Department of Defense's ``retired'' list. He has
worked in the civilian sector since his retirement from the Marine
Corps and is currently the Chief Executive Officer of a private
consulting company.
Both DoJ and CRS have reviewed the relevant law and Mr. Bolden's
individual facts, and have concluded that he is ``appointed from
civilian life'' as required by the NASA Act, and that a waiver is not
required for him to be appointed as Administrator.
I fully agree with the CRS and DoJ analysis that Mr. Bolden meets
the requirement that the Administrator be appointed from civilian life,
despite his status as a retired military officer. The Committee has
reviewed this issue and I am satisfied that he meets the statutory
requirement and that a waiver is not required for his appointment.
I also note that the Committee remains fully committed to the
principle established in the Space Act of 1958 that NASA shall be a
civilian agency.
Attachments
U.S. Department of Justice
Washington, DC, July 8, 2009
Office of Legal Counsel,
Office of the Deputy Assistant Attorney General.
Memorandum for Gregory B. Craig, Counsel to the President
Re: Eligibility of a Retired Military Officer for Appointment as
Administrator of the National Aeronautics and Space Administration
You have asked for our opinion whether a retired military officer
is eligible for appointment as Administrator of the National
Aeronautics and Space Administration (``NASA''). Section 202 of the
National Aeronautics and Space Act of 1958, Pub. L. No. 85-568, 72
Stat. 426 (``Space Act'') (codified as amended at 42 U.S.C. 2472(a)
(2006)), creates NASA and provides that it ``shall be headed by an
Administrator, who shall be appointed from civilian life by the
President by and with the advice and consent of the Senate.'' 42 U.S.C.
2472(a) (emphasis added). The Space Act does not define the phrase
``appointed from civilian life,'' nor does it expressly address whether
a retired military officer is eligible to be appointed as NASA
Administrator.
On June 22, 2009, the President nominated Charles F. Bolden, Jr., a
retired General in the United States Marine Corps, to be Administrator
of NASA. See 155 Cong. Rec. 56898 (daily ed. June 22, 2009). General
Bolden retired from the Marine Corps in 2003. He is at present the
Chief Executive Officer of a private consulting firm.
We believe that a retired military officer--and certainly one who
has engaged in civilian pursuits after his retirement--is eligible for
appointment as Administrator of NASA. This conclusion is supported by
the ordinary meaning of the phrase ``from civilian life,'' use of the
phrase in other statutes, practice under such statutes, and
longstanding Executive Branch precedent interpreting the phrase and
similar words. We recognize that there are possible arguments to the
contrary, but in our view these arguments, in the end, are
unconvincing.*
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\*\ This opinion is identical to one issued July 6, 2009, except
that the earlier version inadvertently omitted one word.
---------------------------------------------------------------------------
I.
The Space Act establishes NASA as a ``civilian agency,'' whose
activities ``should be devoted to peaceful purposes for the benefit of
all mankind.'' Pub. L. No. 85-568, 101, 102(b). The statute requires
the Administrator to come from ``civilian life.'' See id. 202. It
does not specifically address whether a retired military officer, who
continues to hold a commission, would meet this qualification. Several
arguments, however, support the conclusion that a retired military
officer is eligible for appointment as Administrator of NASA.
First, the usual definition of ``civilian'' includes retired
military personnel who are not on active duty. See American Heritage
Dictionary (2009), available at http://education.yahoo.com/reference/
dictionary/entry/civilian (defining ``civilian'' as ``[a] person
following the pursuits of civil life, especially one who is not an
active member of the military''); Merriam-Webster Online Dictionary
(2009), available at http://www.merriamwebster.com/dictionary/civilian
(defining ``civilian'' as ``one not on active duty in the armed
services''); Webster's Seventh New Collegiate Dictionary 152 (7th ed.
1963) (defining ``civilian'' as ``one not on active duty in a military,
police, or fire-fighting force''). In its ordinary meaning, therefore,
the phrase ``appointed from civilian life'' refers to a person who is
not on active military duty at the time of appointment. A retired
military officer who has ceased active military service falls within
this class of persons. Thus, by the literal terms of the statute,
Congress did not bar all retired military personnel from appointment.
Second, although Congress did not define in the Space Act which
persons are considered to be in ``civilian life,'' the use of the
phrase ``appointed from civilian life'' in other statutes supports the
conclusion that the phrase generally does not disqualify retired
military officers. In some statutes, as in the Space Act, Congress has
limited eligibility for appointment to persons ``from civilian life,''
without specifying whether retired military officers are deemed in
``civilian life.'' See, e.g., 10 U.S.C.A. 133(a) (West Supp. 2009)
(requiring Under Secretary of Defense for Acquisition, Technology, and
Logistics to be ``appointed from civilian life''); 15 U.S.C.
633(b)(1) (2006) (requiring Administrator of Small Business
Administration to be ``appointed from civilian life''); 42 U.S.C.
2286(b)(1) (2006) (requiring members of Defense Nuclear Facilities
Safety Board to be ``appointed from civilian life''). In other
statutes, however, Congress not only has directed that the appointee be
``from civilian life,'' but also has explicitly disqualified all
retired military officers from appointment during a specified cooling-
off period. These statutes support the conclusion that the phrase
``from civilian life,'' standing on its own, encompasses retired
military officers.
For example, 10 U.S.C. 113(a) (2006) requires that the Secretary
of Defense be ``appointed from civilian life,'' but excludes from
eligibility any person ``within 7 years after relief from active duty
as a commissioned officer of a regular component of an armed force.''
See also 10 U.S.C.A. 134(a) (West Supp. 2009) (limiting appointment
eligibility for Under Secretary of Defense for Policy to persons
``appointed from civilian life'' who are ``within 7 years after relief
from active duty as a commissioned officer of a regular component of an
armed force''); 10 U.S.C. 3013(a) (2006) (limiting appointment
eligibility for Secretary of the Army to persons ``appointed from
civilian life'' who are ``within 5 years after relief from active duty
as a commissioned officer of a regular component of an armed force'');
10 U.S.C. 5013(a) (2006) (same for Secretary of the Navy); 10 U.S.C.
8013(a) (2006) (same for Secretary of the Air Force); 42 U.S.C.
5812(a) (2006) (limiting appointment eligibility for Administrator of
Energy Research and Development to persons ``appointed from civilian
life'' who are ``within 2 years after release from active duty as a
commissioned officer of a regular component of an armed force''). The
statutory exclusion of retired military officers from appointment to
certain offices for a specified time period necessarily implies that
such persons are eligible for appointment to those same offices once
the cooling-off period has ended. Because persons appointed to those
offices must be ``from civilian life,'' it follows that retired
military persons are considered to be ``from civilian life.'' When
Congress intends to make some retired military officers ineligible for
appointment, it has done so expressly.
Similarly, when Congress has barred certain retired military
personnel, for all time, from appointment to an office having a
``civilian life'' requirement, it has explicitly stated the
prohibition. Congress, for example, has directed that judges of the
United States Court of Appeals for the Armed Forces (``CAAF'') ``be
appointed from civilian life,'' but, ``[for purposes of appointment of
judges to the court,'' has provided that ``a person retired from the
armed forces after 20 or more years of active service (whether or not
such person is on the retired list) shall not be considered to be in
civilian life.'' 10 U.S.C. 942(b)(1) and (4) (2006). See also 49
U.S.C. 106(b)-(d) (2006) (requiring Administrator of Federal Aviation
Administration to ``be a civilian,'' but imposing the condition that
where ``the Administrator is a former regular officer of an armed
force, the Deputy Administrator may not be an officer on active duty in
an armed force, a retired regular officer of an armed force, or a
former regular officer of an armed force''). Congress's exclusion of
certain retired military personnel from appointment to the CAAF would
have no purpose unless they would otherwise be ``from civilian life.''
Furthermore, under the statute, retired military personnel with less
than twenty years of active service necessarily are considered to be
``from civilian life.''
All of these statutes support the view that when Congress limits
appointments to persons ``from civilian life,'' it treats retired
military officers as coming ``from civilian life.'' Under these
statutes, when Congress intends to exclude retired military officers
from appointment, it explicitly states that exclusion. The Space Act
uses the phrase ``from civilian life'' without any further condition.
The text of the statute, therefore, gives no indication that Congress,
which has used the same ``civilian life'' requirement in many other
acts, excluded retired military officers from appointment.
Third, there is practice--established by Presidents and the Senate
acting together--in which retired military officers have been
nominated, confirmed, and appointed to serve in positions covered by a
``from civilian life'' qualification. The Under Secretary of the Navy,
for example, must be appointed ``from civilian life.'' 10 U.S.C.
5015(a) (2006). The current Under Secretary, Robert O. Work, who was
confirmed May 18, 2009, is a retired military officer. The Under
Secretary of Defense for Intelligence also must be ``appointed from
civilian life,'' 10 U.S.C. 137(a) (2006), and the current occupant of
that position, James R. Clapper, who was confirmed April 11, 2007, is a
retired officer. These current examples are only part of a longer and
more extensive practice. See Memorandum for William J. Haynes II,
General Counsel, Department of Defense, from C. Kevin Marshall, Deputy
Assistant Attorney General, Office of Legal Counsel, Re: Eligibility of
a Retired Army Officer to be Appointed Inspector General of the
Department of Defense at 4-5 (May 18, 2007).
Fourth, longstanding Executive Branch precedent supports an
interpretation of the phrase ``from civilian life'' that would extend
to retired military officers. Our office previously concluded that
retired military officers were not automatically disqualified from
appointment to several positions that were, by statute, confined to
persons ``appointed from civilian life.'' See Memorandum for Cyrus R.
Vance, General Counsel, Department of Defense, from Harold F. Reis,
Acting Assistant Attorney General, Office of Legal Counsel, Re:
Eligibility of a Retired Regular Officer of the Armed Forces to be
Appointed to the Position of Under Secretary or Assistant Secretary of
one of the Military Departments (Feb. 3, 1961) (``Eligibility of a
Retired Regular Officer''). We relied, in part, on ``considerations [ ]
relevant to the interpretation of the requirement that these officials
shall be appointed from civilian life'' that apply equally here--``the
traditional meaning of the term'' and ``the fact that when Congress
seeks to disqualify retired regular officers it does so in unmistakable
language'' Id. at 3. We noted the possibility that, under some sets of
facts, particular retired officers might not be ``from civilian life,''
and said in particular that it would accord with ``the spirit'' of the
requirement if a retired officer had been engaged in civilian pursuits.
See id. at 7. Whatever the possible facts that might call into question
a particular retired officer's status in ``civilian life'' under some
statutes having a ``civilian life'' qualification, a retired officer's
eligibility is clear when he has been engaged in civilian pursuits at
the time of appointment.
A 1930 Attorney General opinion similarly held that a retired Army
officer could be appointed to an office that called for an appointee
``from civil life.'' See Eligibility of Retired Army Officer to Hold
the Position of Commissioner of the District of Columbia, 36 Op. Att'y
Gen. 389 (1930) (``1930 Opinion''). After canvassing the legal backdrop
against which the relevant legislation had been passed, the opinion
concluded:
In using the term ``civil life'' Congress referred to the
activity in life of the appointee. It is the taking of a person
from one of two classes of society, military or civil. Military
life is led when a person is in the active military service of
the Army and is doing duty in his daily life in carrying out
military functions. If he is carrying on military work and that
is his life's activity at the time, he is not from civil life,
but if he has retired from that activity and his pursuits are
civil, then he is from civil life.
Id. at 398-99; see id. At 398 (``It seems reasonably clear,
therefore, that in using the phrase `civil life' . . . Congress was
referring to those engaged in civil life, whether or not retired Army
officers, as distinguished from the military life of an officer in
active service.''); id. at 402 (``Retired officers who have ceased to
engage in military service and have entered civil life and civil
pursuits . . . are in civil life within the meaning of the [statute]
and eligible to appointment . . . .''). Congress, we believe, can be
understood to have legislated against the background of this published
Executive Branch interpretation of a term (``from civil life'') that is
virtually the same as the one in the Space Act (``from civilian
life''), and that understanding accords with the ordinary meaning of
the phrase ``from civilian life,'' use of express language in other
statutes to exclude some retired military officers who would otherwise
fall within that category, and practice of the Government. We therefore
conclude that a retired military officer can qualify for appointment as
Administrator of NASA.
II.
Although we believe that this conclusion is well supported, there
are possible arguments for the view that the Space Act bars retired
military personnel from appointment. We believe, however, that these
arguments are ultimately unconvincing.
First, the legislative history of the Space Act arguably could be
read to indicate that Congress intended the phrase ``from civilian
life,'' as used in that statute, to exclude retired military personnel.
An earlier version of the bill may have assumed that the ``civilian
life'' requirement barred appointment of a retired officer. That
version would have prohibited the Administrator from employing retired
commissioned officers under certain pay provisions unless sufficient
numbers of qualified individuals ``from civilian life'' were
unavailable. A House committee report explained the provision as
follows:
Paragraph (10) authorizes the Administrator to employ retired
commissioned officers [under certain compensation provisions];
but this authority could be exercised only when sufficient
numbers of qualified individuals from civilian life are not
available . . .
H.R. Rep. No. 1770, at 20 (1958). Although the provision allowing
the Administrator to employ retired commissioned officers was enacted,
the condition that ``sufficient numbers of qualified individuals from
civilian life are not available'' was omitted from the final bill. See
Pub. L. No. 85-568, 203(b)(11); see H.R. Conf. Rep. No. 85-2166, at
20 (1958) (noting omission during the conference). The legislative
history does not explain why the provision was omitted, but the
omission is consistent with the view that retired military officers
could be considered to be in ``civilian life,'' since that view is
reflected in the phrase's ordinary meaning, prior usage by Congress,
and Executive Branch precedent.
We have not found any other significant materials in the
legislative history of the Space Act that bear on the interpretation of
the phrase. In the end, therefore, this murky legislative history about
an unenacted version of the statute does not justify the conclusion
that the phrase ``from civilian life'' in the version ultimately
enacted bars the appointment of retired military officers--particularly
in light of the ordinary meaning of the phrase and the ways in which
Congress has used it in other statutes.
Second, it might be argued that our interpretation is mistaken
because, on at least five occasions in recent times (and once under the
Space Act itself), Congress has enacted separate legislation
authorizing the appointment of a particular retired military officer to
a position for which eligibility was limited to those ``from civilian
life.'' In 1989, Congress passed a bill authorizing the President to
appoint Rear Admiral Richard Truly as NASA Administrator. See Act of
June 30, 1989, Pub. L. No. 101-48, 103 Stat. 136. Admiral Truly was in
active service at the time that the legislation was introduced, but he
had expressed his intention to retire from active military duty before
being sworn in as Administrator. See 135 Cong. Rec. 11, 719 (1989). On
the same day that Congress authorized the President to appoint Admiral
Truly, it passed identical legislation authorizing the appointment of
retired Admiral James Busey as Administrator of the Federal Aviation
Administration (``FAA''). See Pub. L. No. 101-47, 103 Stat. 134 (1989).
Similarly, in 1984, 1991, and 1992, Congress passed legislation
authorizing the President to appoint a retired military officer as FAA
Administrator. See Pub. L. No. 102-308, 106 Stat. 273 (1992); Pub. L.
No. 102-223, 105 Stat. 1678 (1991); Pub. L. No. 98-256, 98 Stat. 125
(1984).\1\
---------------------------------------------------------------------------
\1\ Essentially the same statutory structure and language have also
been used to authorize the appointment of an active duty military
officer. See Pub. L. No. 81-788, 64 Stat. 853 (1950) (authorizing
appointment of General George C. Marshall to serve as Secretary of
Defense, an office with a ``civilian life'' condition).
---------------------------------------------------------------------------
The authorization for Admiral Truly's appointment apparently rested
on the view that the ``civilian life'' qualification otherwise would
have forbidden the appointment, unless Admiral Truly surrendered his
commission and thus gave up his retired pay and benefits. The
authorization declared that, with the Senate's advice and consent, the
President could make the appointment, ``[n]otwithstanding the
provisions of section 202(a) of the [Space Act] [which sets out the
``civilian life'' qualification], or any other provision of law.'' Pub.
L. No. 101-48, 1,103 Stat. 136. See also id. 3 (providing,
``[n]othing in this Act shall be construed as approval by the Congress
of any future appointments of military persons to the Offices of
Administrator and Deputy Administrator of [NASA].''). The Senate
committee report stated that ``a review of the legislative history of
the term `from civilian' life indicates that this term excludes active
duty military personnel and retired military personnel'' and that
``[t]o meet the strict interpretation of the term, a person would have
to resign his commission and give up military benefits and pension to
be considered `civilian.' '' S. Rep. No. 101-57, at 2 (1989).\2\ The
floor debates also revealed the view that, without a ``waiver,''
Admiral Truly could not be appointed. See 135 Cong. Rec. 12,927 (June
22, 1989). To be sure, Admiral Truly disputed this conclusion. He took
the view that retired military officers ``do come from `civilian life,'
'' although he acknowledged that the question would be ``interpretable
by lawyers I guess on all sides of the issue.'' Nominations-May-June:
Hearings Before the S. Comm. on Com., Science, and Transp., 101st Cong.
264, 279 (1989) (statement of Adm. Truly). In any event, Congress
evidently acted on the view that a ``waiver'' was necessary.\3\
---------------------------------------------------------------------------
\2\ According to the Committee report, ``the President made
reference to the requirement for a legislative waiver when he announced
the nomination of Admiral Truly.'' S. Rep. No. 101-57, at 2. At the
time of the President's statement, however, Admiral Truly was still on
active duty, and the President said that ``because Dick Truly is an
active duty naval officer . . . I will need the assent and cooperation
of the Congress to make this appointment.'' 1 Pub. Papers of George
Bush 399 (1989). See also Pub. L. No. 107-117, 307,115 Stat. 2230,
2301 (2002) (allowing appointment of an active duty officer as Deputy
Administrator of NASA). The President, therefore, did not suggest that
he could not appoint a retired military officer unless Congress enacted
legislation.
\3\ Admiral Busey requested legislation so that he could maintain
his retirement benefits. See S. Rep. No. 101-56, at 1 (1989) (``Admiral
Busey has requested a legislative waiver of this prohibition in order
that he may retain his status as a retired military officer while
serving as Administrator, thus allowing him to retain eligibility under
his retirement plan and an opportunity to participate in the Survivors'
Benefit Plan.''). As in the case of Admiral Truly, the Senate Committee
report stated that the purpose of the legislation authorizing the
appointment was ``to allow Admiral Busey to retain his status as a
retired officer in the U.S. Navy.'' Id.
---------------------------------------------------------------------------
To the extent the proponents of the authorization, in the Committee
report and on the floor, offered a construction of the Space Act, their
construction is subsequent legislative history of that statute and thus
is entitled to little weight. See Pension Benefit Guaranty Corp. v. LTV
Corp., 496 U.S. 633, 650 (1990) (later history is ``a hazardous basis
for inferring the intent of an earlier Congress'' (internal quotations
omitted)). A more substantial issue is that ``the implications of a
statute may be altered by the implications of a later statute,'' United
States v. Fausto, 484 U.S. 439, 453 (1988), so that the later
legislation here, while not an authoritative construction of the Space
Act, might be argued to have ``shape[d] or focus[ed]'' that statute's
``range of possible meanings,'' FDA v. Brown & Williamson Tobacco
Corp., 529 U.S. 120, 143 (2000).
We do not believe, however, that the legislation enacted for
Admiral Truly's appointment is sufficient to alter the interpretation
of the Space Act that would otherwise prevail. In Fausto, the leading
case on the interpretive principle, the Court held that after enactment
of the Civil Service Reform Act of 1978, Pub. L. No. 95-454, 92 Stat.
1111 (``CSRA''), the Back Pay Act (5 U.S.C. 5596) should no longer be
interpreted to enable a Federal employee to obtain review in the Court
of Claims of certain personnel decisions. The Court found that such
review would ``turn . . . upside down'' and ``seriously undermine''
elements of the CSRA's structure. Fausto, 484 U.S. at 449. Here, there
is no need to reinterpret the Space Act in order to give full effect to
the legislation authorizing Admiral Truly's appointment or to achieve
the goal of ``getting [those statutes] to `make sense' in
combination.'' Id. at 453. Even if the Space Act's ``civilian life''
requirement posed no obstacle, a targeted authorization for the
President to make the appointment of a particular retired military
officer ``[n]otwithstanding the provisions of section 202(a) of the
[Space Act], or any other provision of law,'' 103 Stat. at 136, would
make sense--whatever the motivation of the Congress that enacted it--as
a prudential measure, covering any possible statute that might endanger
the officer's retired pay and benefits. Furthermore, other appointments
could be made under the Space Act without creating any conflict with a
statute authorizing the appointment of a single, named individual.
The Court's most recent extended application of the principle set
forth in Fausto is also consistent with the conclusion that the
targeted statute authorizing Admiral Truly's appointment does not alter
the meaning of the Space Act itself. In Brown & Williamson, the Court
read the Food. Drug, and Cosmetic Act, 52 Stat. 1040 (1938) (``FDCA''),
to preclude the Food and Drug Administration (``FDA'') from regulating
tobacco. It interpreted the FDCA in the light of a string of later
statutes that had presumed a lack of authority and had been enacted
``against the backdrop of the FDA's consistent and repeated statements
that it lacked authority under the FDCA to regulate tobacco.'' 529 U.S.
at 144. The authorization for Admiral Truly's appointment, however, was
not part of a succession of statutes under the Space Act following an
Executive Branch legal interpretation that our current interpretation
would disturb. Indeed, the Executive Branch legal interpretation of the
relevant phrase, as explained above, has been that retired officers are
``from civilian life.'' We therefore would not read the authorization
for Admiral Truly's appointment as altering the ordinary meaning of
``civilian life.''
Third, it might be argued that the interpretation that retired
officers may be ``from civilian life'' means that the enactment of the
``civilian life'' qualification served no function, in light of
another, preexisting statute. When Congress passed the Space Act,
another statute, see 70A Stat. 203 (1956), already prohibited active
duty officers from appointment to a civil office. According to the
argument, the ``civilian life'' requirement could not have been
intended to exclude only persons already barred by another law. In
Eligibility of a Retired Regular Officer, however, we noted that the
general statute was on the books, while concluding that the phrase
``civilian life'' does encompass retired military officers. Our
analysis there points to one possible reason that the ``civilian life''
qualification had an effect beyond the general bar against appointment
of active duty officers. We concluded that a retired officer was not
``automatically disqualified'' from appointment, Eligibility of a
Retired Regular Officer at 1, but that a particular retired officer
might still be disqualified under specific facts. We suggested, for
example, that ``the spirit'' of the qualification might call for an
officer to `` `have ceased to engage in military service and entered
civil life and civil pursuits.' '' Eligibility of a Retired Regular
Officer at 7 (quoting 1930 Opinion, 36 Op. Att'y Gen. at 402).\4\ We
need not resolve here the precise relationship of the ``civilian life''
qualification and the current version of the preexisting statute, 10
U.S.C. 973, except to note that there can be little doubt about the
eligibility of a retired officer who has engaged in civilian pursuits
(whether or not such an engagement is essential), even if there might
be a prudential reason for enacting a statute (which might be
unnecessary) to remove any possible question in the case of an officer
who retired immediately before appointment.\5\
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\4\ Moreover, the ``civilian life'' requirement goes beyond the
current version of the general prohibition against service by a retired
officer, 10 U.S.C. 973 (2006), because some retired officers--in
particular, reservists who are on active duty for 270 days or less--
could serve in Senate-confirmed positions under section 973 but would
not meet the ``civilian life'' restriction.
\5\ Under a line of cases in the Court of Claims, a provision
giving additional service credit to officers ``appointed from civil
life'' might have been unavailable to an officer who resigned with the
purpose of rejoining the military and who then claimed he had come from
``civil life.'' Compare Guilmette v. United States, 49 Ct. Cl. 188, 192
(1914) (holding that an officer ``was in fact and in law completely
separated from the public service'' during a 17-day period and was
entitled to the credit), with Barber v. United States, 50 Ct. Cl. 250,
256 (1915) (holding that where an officer ``never intended to enter
civil life if he could remain in the service,'' a break of several
weeks did not amount to entry into ``civil life''). An opinion of our
Office, Federal Election Commission--Appointment of Members (2 U.S.C.
437), 2 Op. O.L.C. 359 (1977), read Guilmette and the 1930 Opinion as
calling for an appointee ``from civilian life'' to have gone through
more than an ``immediate break'' from military duty. We need not
address here whether there is such a limit or whether it is sufficient
that the officer, upon retiring, does not seek a quick return to active
duty.
---------------------------------------------------------------------------
Finally, although no court has considered whether a retired
military officer is eligible to be appointed to an office with a ``from
civilian life'' qualification, there might be an argument that attempts
to draw some significance from the conclusions of courts, in contexts
other than appointments, that officers on the retired list remain
members of the military and are deemed to be in military service. As
the courts note, these retired officers are subject to the Uniform Code
of Military Justice, to court-martial, and to recall to active duty by
the Secretary of Defense. The Supreme Court explained in United States
v. Tyler, 105 U.S. 244 (1882), for example, that persons whose names
are on the retired list remain in ``military service'':
It is impossible to hold that men who are by statute declared
to be a part of the army, who may wear its uniform, whose names
shall be borne upon its register, who may be assigned by their
superior officers to specified duties by detail as other
officers are, who are subject to the rules and articles of war,
and may be tried, not by a jury, as other citizens are, but by
a military court-martial, for any breach of those rules, and
who may finally be dismissed on such trial from the service in
disgrace, are still not in the military service.
Id. at 246.
This precedent, however, does not bear significantly on the current
issue. Although the Court's opinion in Tyler concluded that ``retired
officers are in the military service of the government,'' id., the
Court was not asked to decide whether such officers are in ``civilian
life'' or military life. A retired military officer could be in
military service as a result of continuing to hold a commission, but
insofar as his daily pursuits are civil, he would live a civilian life.
As the Attorney General recognized in the 1930 Opinion, the ``fact that
a man has a definite connection with the Military Establishment . . .
does not prevent him from being properly treated as in civil life.'' 36
Op. Att'y Gen. at 400.
III.
We therefore conclude that a retired military officer--and
certainly one who has engaged in civilian pursuits--qualifies for
appointment as Administrator of NASA. Although there are possible
arguments on the other side, we believe that these arguments are
ultimately unpersuasive.
Please let us know if we may be of further assistance.
Daniel L. Koffsky,
Deputy Assistant Attorney General.
______
Congressional Research Service
June 30, 2009
Memorandum
To: Senate Commerce, Science, and Transportation Committee,
Attention: Senator Rockefeller, Chairman
From: Vivian S. Chu, Legislative Attorney, Congressional Research
Service
Subject: Nomination of NASA Administrator and Statutory Requirement of
``Civilian Life''
This memorandum is in response to your inquiry as to whether a
nominee, who is retired from the military, comes from ``civilian life''
as required by the statutory language that establishes the position for
the Administrator of the National Aeronautics and Space Administration
(NASA).
Section 2472(a) of title 42 states that NASA shall be headed by an
``Administrator, who shall be appointed from civilian life by the
President by and with the advice and consent of the Senate.'' In May
2009, President Obama announced his intent to nominate General Charles
Bolden, who retired from the United States Marine Corps in 2003
(according to the White House), for this position.\1\ The Senate
formally received his nomination on June 22, 2009.
---------------------------------------------------------------------------
\1\ White House Press Release, President Obama Announces More Key
Administration Posts, May 23, 2009.
---------------------------------------------------------------------------
Although it appears there are no statutes that explicitly define or
discuss when one returns to civilian life, it is generally understood
that one is in civilian life when not on active-duty status. There are
other statutes that also require appointees to come from civilian life.
In these statutes, it appears that the term ``civilian life'' is not a
term of art and is given its ordinary meaning.\2\ A court then is
likely to refer to the dictionary to give ``civilian life'' its
ordinary meaning. Webster's Third New International Dictionary defines
``civilian'' as ``a resident of a country who is not on active duty in
one of the armed services.'' \3\ Similarly, the Oxford English
Dictionary defines ``civilian'' as ``[o]ne who does not professionally
belong to the Army or the Navy; a non-military person.'' \4\
---------------------------------------------------------------------------
\2\ Even if a word or a phrase is not defined by statute, it may
have an accepted meaning in the area of law addressed by the statute,
it may have been borrowed from another statute under which it had an
accepted meaning, or it may have had an accepted and specialized
meaning at common law. In each of these situations the accepted meaning
governs and the word or phrase is considered a technical term or ``term
of art.'' See CRS Report 97-589, Statutory Interpretation: General
Principles and Recent Trends, by Yule Kim. As ``civilian life'' appears
to be neither defined in statute, nor borrowed from another that imbues
it with a specialized meaning, it is unlikely that it is a term of art
for purposes of these statutes because it does not appear to have a
technical meaning.
\3\ Webster's Third New International Dictionary 413 (1976).
\4\ Oxford English Dictionary (2d. ed. 1989). See also U.S. v.
Union Pac. R. Co., 249 U.S. 354, 360 (1919) (holding that ``retired
enlisted men . . . are also not `troops of the United States' '').
---------------------------------------------------------------------------
Additionally, the understanding that one is in civilian life when
not on active-duty status is further supported through these various
statutes that require appointees to come from civilian life.
The best statutory example that implicitly supports the notion that
military retirees enter civilian life upon retiring is the statute
governing the appointment of judges to the United States Court of
Appeals for the Armed Forces. This statute provides that ``[e]ach judge
of the court shall be appointed from civilian life by the President, by
and with the advice and consent of the Senate, for a specified term.''
\5\ The statute makes clear that ``for purposes of appointment of
judges to the court, a person retired from the armed forces after 20 or
more years of active service (whether or not such person is on the
retired list) shall not be considered to be in civilian life.'' \6\
Because a military retiree is not considered to come from civilian life
for purposes of the position, this implicitly supports the concept that
but for this statute, one returns to civilian life upon retirement from
the military.
---------------------------------------------------------------------------
\5\ 10 U.S.C. 942(b)(1).
\6\ 10 U.S.C. 942(b)(4) (emphasis added).
---------------------------------------------------------------------------
Other statutes that reinforce this principle are ones that
establish secretary-level positions within the United States Department
of Defense (DOD). The provisions for the Secretary of the Navy,
Secretary of the Army, and Secretary of the Air Force each require that
the individual be ``appointed from civilian life by the President, by
and with the advice and consent of the Senate.'' \7\ However, a person
may not be appointed to these respective positions ``within 5 years
after relief from active duty as a commissioned officer of a regular
component of an armed force.'' \8\ The Secretary of Defense is also
required to be appointed from civilian life, but a person may not be
appointed into this position ``within 10 years after relief from active
duty as a commissioned officer of a regular component of an armed
force.'' \9\ In contrast, various under secretary and deputy under
secretary positions for the DOD only require that the individual be
appointed from civilian life by the President, by and with the advice
and consent of the Senate, but impose no other qualification that the
individual be removed from active duty for a definite number of years
before qualifying as being from civilian life.\10\ Thus, the statutory
language pertaining to Secretaries of the Navy, Army, and Air Force as
well as the Secretary of Defense compared to that of the under
secretaries and deputy under secretaries demonstrates and further
supports the general understanding that individuals not on active-duty
status may be considered to be in civilian life but for any statutory
restrictions.
---------------------------------------------------------------------------
\7\ 10 U.S.C. 5013(a)(1) (Secretary of the Navy); 10 U.S.C.
3013(a)(1) (Secretary of the Army); 10 U.S.C. 8013(a)(1) (Secretary
of the Air Force).
\8\ 10 U.S.C. 5013(a)(2) (Secretary of the Navy); 10 U.S.C.
3013(a)(2) (Secretary of the Army); 10 U.S.C. 8013(a)(2) (Secretary
of the Air Force).
\9\ 10 U.S.C. 113.
\10\ See, e.g., 10 U.S.C. 133a (Deputy Under Secretary of Defense
for Acquisition and Technology); 10 U.S.C. 134a (Deputy Under
Secretary of Defense for Policy); 10 U.S.C. 137 (Under Secretary of
Defense for Intelligence); 10 U.S.C. 139a (Director of Defense Research
and Engineering).
---------------------------------------------------------------------------
This concept is further supported by a provision in the Dual
Compensation Act of 1964 \11\ that had imposed reductions on the
retired or retainer pay of retired members of the Armed Forces who were
employed in Federal civilian positions.\12\ Since this particular
restriction was repealed in 1999, retired members who hold Federal
civilian positions are now treated as other retirees, meaning that
there is generally no reduction in Federal pay or in retirement pay or
annuity.\13\ Furthermore, DOD also lists in its Joint Ethics
Regulations as part of its ``Human Goals'' that they strive ``to help
each service member in leaving the service to readjust to civilian
life.'' \14\ Provisions like these, again, support the notion that
retired members can hold civilian positions and could be considered to
be in civilian life when not on active-duty status if required by
statute.
---------------------------------------------------------------------------
\11\ Dual Compensation Act, Pub. L. 89-554.
\12\ 5 U.S.C. 5532, repealed by National Defense Authorization
Act for Fiscal Year 2000, 651, 113 Stat. 512, 664 (1999).
\13\ See USAJobs, Federal Employment Information Fact Sheet--Dual
Employment, available at, [http://media.newjobs.com/opm/www/usajobs/
pdf/ei35-15.pdf]; Repeal of Dual Compensation Reductions for Military
Retirees, 67 Fed. Reg. 40,837 (Jun. 14, 2002); 2008 DOD Ethics
Workshop, Post Government Employment Restrictions at 18-19, available
at, [http://www.dod
.mil/dodgc/defense_ethics/resource_library/2008Deskbook/presentations/
6ECC_Post-Employ
mentJGreen.pdf].
\14\ Department of Defense, Joint Ethics Regulations 5500.7-R,at
Chapter 12, Section 4, available at, [http://www.dod.mil/dodgc/
defense_ethics/ethics_regulation/].
---------------------------------------------------------------------------
Turning to the position at issue, the statutory language that
establishes the Administrator of NASA is unlike that of the Secretary
of Defense or Secretaries of the Navy, Army, and Air Force because it
does not include a time restraint that establishes when one is
considered to have returned to civilian life. Thus, given the ordinary
meaning of ``civilian'' and the support found in other statutes, there
would appear to be substantial support for the conclusion that the
current nominee, General Charles Bolden, who retired from the United
States Marine Corps in 2003, is considered to have returned to civilian
life and is therefore eligible to be appointed Administrator of NASA as
he arguably comes from civilian life.
______
Prepared Statement of Hon. Barbara Boxer, U.S. Senator from California
I am so pleased to be able to be here today to introduce an
outstanding nominee for Assistant Secretary for Transportation Policy
at the Department of Transportation, Ms. Polly Trottenberg.
As my former Deputy Chief of Staff and Legislative Director, I know
Polly personally as not just an incredible person with excellent
leadership skills, but as an individual with a talent for
transportation policy. Polly has a passion for these issues and a real
dedication to solving the many complex transportation and environmental
challenges facing our country today.
The stakes for our Nation in the next Surface Transportation
Reauthorization bill are high. We must find a solution to a highway
trust fund that can no longer pay for America's growing transportation
needs and we must address an aging infrastructure that will threaten
the safety of our children if we fail to act.
Polly's background and credentials make her an excellent candidate
for Assistant Secretary. She will be a real asset to Secretary LaHood's
team at the Department of Transportation.
California is a diverse state with a wide array of complex
transportation challenges. When Polly worked for me, we tackled issues
ranging from Airline Passenger Bill of Rights legislation, to the
aftermath of the MacArthur Maze Freeway bridge collapse, improving
maritime safety, and working to improve goods movement through the
communities surrounding our ports.
She has served as a top aide in the U.S. Senate for 12 years. She
has worked at the Port Authority of New York and New Jersey as well as
the Massachusetts Port Authority on issues ranging from finance to
aviation.
I am confident that her time spent handling transportation policy
issues for the State of California and New York have prepared her well
for her next role at DOT.
Polly also as a strong record of academic accomplishment,
graduating with an undergraduate degree from Columbia University,
Barnard College and a Master's in Public Policy from Harvard
University, Kennedy School of Government.
Most recently, Polly served as Executive Director of Building
America's Future, working with Governor Ed Rendell and others to be a
leading voice on the next vision of transportation policy for our
country.
I am delighted that President Obama selected Polly for this
important role. I look forward to working with her and Secretary LaHood
as we craft the next Surface Transportation Reauthorization bill and
modernize transportation for our country into the future.
______
Safe Kids USA
July 6, 2009
Hon. John D. Rockefeller IV,
U.S. Senate,
Washington, DC.
Dear Chairman Rockefeller:
On behalf of Safe Kids USA, I want to express our strong support
for Deborah Hersman to be Chairman of the National Transportation
Safety Board (NTSB). The Senate Commerce, Science, and Transportation
Committee is scheduled to consider her nomination on July 8. Safe Kids
believes that Member Hersman is undoubtedly qualified to tackle our
country's most pressing transportation safety issues.
With motor vehicle crashes being the leading cause of unintentional
injury-related death for children ages 14 and under, Safe Kids has long
worked with the NTSB to promote child passenger safety through our Safe
Kids Buckle Up program. We consider the NTSB to be one of our key
partners in protecting children both in and around cars. Through the
Agency's Advocacy Center and the Most Wanted List of Transportation
Safety Improvements, the NTSB has often been the catalyst for pushing
other government agencies and non-profit organizations to do the right
thing when it comes to child occupant protection. Member Hersman has
been a strong advocate for comprehensive child restraint laws, and we
applaud her personal leadership in helping to make child passenger
safety a priority at the NTSB.
Member Hersman's interest in keeping kids safe extends well beyond
the walls of the NTSB. Safe Kids Worldwide is the certifying body for
the National Standardized Child Passenger Safety Training Program, and
we are proud to count her as part of the nationwide network of 34,300
individuals dedicated to teaching families the best practices of motor
vehicle safety. Member Hersman is the Nation's highest ranking official
certified as a child passenger safety technician, and Safe Kids knows
that the safety of children and families would continue to be her
highest priority should she be confirmed as the NTSB's next Chairman.
If Safe Kids can be of any assistance to you, please do not
hesitate to contact me at 202/662-4463 or Tanya Chin Ross, Senior
Public Policy Associate, at 202/662-0606. Thank you for your time.
Sincerely,
Alan Korn,
Executive Director.
______
The Planetary Society
Pasadena, CA, June 16, 2009
Hon. John D. Rockefeller IV,
Chairman,
Hon. Kay Bailey Hutchison,
Ranking Minority,
Members of the Committee,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Dear Senators Rockefeller, Hutchison and Members of the Committee:
We are pleased to write in support of the nominations of Charles
Bolden and Lori Garver for NASA Administrator and Deputy Administrator,
respectively. NASA needs leadership now, and the President's choices
will provide that leadership.
NASA occupies a unique position in the hearts of the American
people as well as on the world stage. NASA inspires dreams of
adventure, expands our perception of humanity's place in the universe,
helps us understand the environment and processes of our home planet,
and offers a positive model of international cooperation that can
transcend borders and even ideologies. NASA is also a key player in the
Nation's economy and technological development. At its best, the agency
is a showpiece of American derring-do, scientific inquiry, and
engineering brilliance, and as such, needs administrative leaders who
will enable the agency to achieve its full potential.
Bolden and Garver both have excellent NASA leadership experience.
Bolden was a shuttle astronaut, Chief of Safety at Johnson Space
Center, and Assistant Deputy Administrator at NASA headquarters. Garver
was an Associate Administrator for Policy and Plans at NASA.
But perhaps even more important, Bolden is a leader in another
sense--he has the ability to inspire an agency whose achievements
inspire the world. As an astronaut, Bolden commanded the first U.S.-
Russian shuttle mission, helping to set the stage for the international
cooperation that built a space station. He also was pilot of the
shuttle mission that delivered the Hubble Space Telescope to orbit.
After Bolden left NASA, he served as Deputy Commandant of Midshipmen at
the Naval Academy.
In short, Bolden's career has encompassed many of the inspirational
aspects of NASA itself. He is an explorer and educator whose work has
contributed to our better understanding of the universe, and he has
helped foster greater ties between America and other space-faring
nations.
We appreciate the careful consideration of the Committee to these
nominations. Our system demands no less. The records of Bolden and
Garver are both replete with service to their country, and we are
grateful that they are now prepared to go even further in that service.
The coming decade will see many challenges for NASA and the Nation.
Economic constraints will demand a careful balancing of resources; the
retirement of the shuttle will require technical development for a new
launch capability; and sending astronauts to distant worlds, such as
Mars, will require a clear course or exploration goals and mileposts.
Science and exploration, Earth and Space science, aeronautics and
space technology all require careful balance within NASA's economic
constraints. Those constraints, in turn, must be balanced against
NASA's mission, endorsed by the President, to inspire the people of the
world with new discoveries and great achievements, and by the
importance of NASA to our economic growth, The solar system and,
indeed, the universe await a vital NASA, but perhaps the agency's
greatest benefit is providing a better understanding of planet Earth.
When Bolden testified to this Committee in 2006, he emphasized the
role that NASA has played--and can play in the future--to expand our
understanding of both the universe and one another: He spoke
brilliantly of the balance of science and exploration, and of the value
of using America's space program to pursue international aims of
peaceful engagement with other countries. The support of Congress is
essential to achieve these aims, and that support needs now to be given
to the President's choices for NASA leadership.
The Planetary Society is the largest space-interest group in the
world, representing hundreds of thousands or members, donors and
constituents in every state and Congressional district in the U.S., as
well as peoples around the world. We urge the Senate to confirm Charles
Bolden as the next NASA Administrator, and Lori Garver as Deputy
Administrator, to inspire and lead our Nation's space agency.
Thank you for your consideration,
Jim Bell,
President.
Louis Friedman,
Executive Director.
______
AAA
Washington, DC, July 7, 2009
Hon. John Rockefeller,
Chairman,
Hon. Kay Bailey Hutchison,
Ranking Member,
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
Dear Chairman Rockefeller and Ranking Member Hutchison:
AAA is pleased to offer its support for the nomination of Deborah
A.P. Hersman for Chairman of the National Transportation Safety Board
(NTSB) and urges speedy Senate confirmation of her appointment to this
vital position.
During her tenure at NTSB, AAA has worked closely with Ms. Hersman
on various traffic safety issues, including the celebration of the 30th
anniversary of the first child passenger protection law. Ms. Hersman is
a certified Child Passenger Safety Technician who recognizes the
important role that education and awareness play in bringing about
positive traffic safety results. The leadership she has exhibited as
part of the NTSB's investigation into the recent DC Metro subway crash
illustrates her professionalism and commitment to transportation
safety.
The NTSB continues to bring attention to urgent highway safety
challenges in its annual Most Wanted List. AAA is confident that in the
areas of improving vehicle safety technology, enacting occupant
protection laws , improving child passenger safety, reducing driver
distractions, and eliminating hard core drunk driving, Hersman will
work with relevant Federal, state, and local agencies to achieve
positive results.
Again, please regard this letter as AAA's enthusiastic endorsement
for the confirmation of Deborah Hersman for NTSB Chairman. I am
confident her passion, experience, and leadership skills will serve the
country well.
Sincerely,
Jill Ingrassia,
Managing Director,
Government Relations and
Traffic Safety Advocacy.
______
American Association of State Highway And Transportation
Officials
Washington, DC, June 12, 2009
Hon. John D. Rockefeller IV,
Chairman,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Dear Chairman Rockefeller:
I am writing to you on behalf of the American Association of State
Highway and Transportation Officials, which represents the departments
of transportation in the fifty states and the District of Columbia and
Puerto Rico. We commend to you Polly Trottenberg nominated by President
Barack Obama for Assistant Secretary for Transportation Policy at the
U.S. Department of Transportation.
Ms. Trottenberg is an outstanding choice for this position at the
U.S. Department of Transportation. Most recently, Ms. Trottenberg
served as Executive Director of Building America's Future. This
national bipartisan coalition was formed in 2008 by Pennsylvania
Governor Edward Rendell, California Governor Arnold Schwarzenegger and
New York Mayor Michael Bloomberg to rally Governors, mayors and other
local elected officials and citizens behind infrastructure investment
to enhance our Nation's economy and quality of life. Her role as
Executive Director has been critical to the success of the Coalition
efforts.
During the 12 years in which Ms. Trottenberg held key staff
positions in the U.S. Senate with Senators Barbara Boxer, Charles
Schumer, and the late Daniel Patrick Moynihan, she demonstrated her
outstanding professional leadership capabilities in transportation and
finance issues.
We respectfully recommend confirmation of Ms. Trottenberg for the
position of Assistant Secretary for Transportation Policy at the U.S.
Department of Transportation.
Sincerely yours,
John Horsley,
Executive Director.
______
Air Carrier Association of America
Washington, DC, June 10, 2009
Hon. John D. Rockefeller IV,
Chairman,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Dear Chairman Rockefeller:
On May 28, President Obama announced his intent to nominate Polly
Trottenberg to be Assistant Secretary for Transportation Policy,
Department of Transportation. We enthusiastically support Polly's
nomination and hope that she can be quickly confirmed for that
position.
We have been fortunate to work closely with Polly while she was on
the staffs of Senators Schumer and Boxer. She was a strong supporter of
airline competition and service to all markets. She helped expand
service options in New York and California markets. The nation's low
fare carriers and the communities seeking service believe that Polly is
the right person to take on the enormous challenges facing the
industry.
We look forward to working with you, Polly and the Administration
to put in place short and long term actions that will expand air
service options for all communities and passengers. Such actions will
help strengthen the industry and provide economic benefits for all.
Sincerely,
Edward P. Faberman,
Executive Director.
______
American Society of Civil Engineers
Washington, DC, July 7, 2009
Hon. Jay Rockefeller,
Chairman,
Commerce, Science, and Transportation Committee,
Washington, DC.
Dear Chairman Rockefeller:
Hon. Kay Bailey Hutchinson,
Ranking Member,
Commerce, Science, and Transportation Committee,
Washington, DC.
Dear Senator Hutchinson:
I am writing on behalf of the more than 146,000 members of the
American Society of Civil Engineers (ASCE) to strongly endorse the
appointment of Polly Trottenberg as the Assistant Secretary of
Transportation for Policy. Ms. Trottenberg is superbly qualified for
the position, and we encourage the Committee to act favorably on the
nomination.
Ms. Trottenberg is currently Executive Director of the Building
America's Future coalition which seeks to increase public investment in
infrastructure. In that role, she has brought together key state and
local leaders to raise awareness for the need to improve the Nation's
failing infrastructure for public safety and economic prosperity. Her
experience on Capitol Hill and in state agencies make her an expert on
transportation policy and have helped her form a vision of what
important reforms must be made.
We at ASCE have worked side by side with Ms. Trottenberg on our
shared goals of improving the Nation's infrastructure. She has the
experience and leadership abilities to help shape a new surface
transportation program that will meet the needs of Americans today and
in the future. We endorse her appointment without reservation.
Thank you for your attention. If the Society can be of further
assistance in this matter, please do not hesitate to contact Brian
Pallasch, Managing Director of Government Relations and Infrastructure
Initiatives, at our Washington Office, 202-789-7842, or by e-mail at
[email protected].
Sincerely yours,
D. Wayne Klotz, P.E., D.WRE,
President.
______
Response to Written Questions Submitted by Hon. Kay Bailey Hutchison to
Richard Lidinsky
Question 1. This Committee and its members have long enjoyed a
close and productive working relationship with agencies under our
jurisdiction. We often rely on the technical and legal expertise of
agency staff when we are developing or reviewing proposed legislation.
Can all members of the Committee, and their staff on their behalf,
count on this cooperative relationship continuing?
Answer. Yes. I am committed to establishing and maintaining a
strong cooperative working relationship with all members of the
Committee.
Question 2. One of the Federal Maritime Commission's major tasks is
to monitor the laws and practices of foreign governments which could
have a discriminatory or otherwise adverse impact on shipping
conditions in the U.S. Are there any specific practices we should be
concerned about?
Answer. The Foreign Shipping Practices Act of 1988 (FSPA) and
section 19 of the Merchant Marine Act, 1920 empower the Commission to
redress unfair restrictive foreign shipping practices that have adverse
consequences for U.S. companies or for U.S. foreign commerce in
general. While the Commission always hopes for a diplomatic or
commercial resolution, it should be ready to proceed to a formal
sanction when necessary. The FMC has invoked its authority to resolve
unfair restrictions in Asia, South America, Central America and Europe.
While I am not aware of any specific practices that we should be
concerned about at the moment, the Commission must diligently monitor
developments in the U.S. foreign trades that affect U.S. shipping
interests, especially in these difficult economic times. The Commission
should continue to coordinate with the Department of State, USTR, and
the Department of Transportation and its Maritime Administration to
address and resolve any harmful maritime related measures of foreign
nations.
Question 3. What steps do you feel the FMC can take to ensure
security and improve infrastructure at our ports?
Answer. I understand that the FMC has been working to share its
informational resources with other Federal agencies, including the U.S.
Customs and Border Protection Service and the Department of Homeland
Security, through the International Trade Data System (ITDS) and the
Automated Commercial Environment (ACE) portal. It is also my
understanding that a Memorandum of Understanding with Customs is being
finalized which will solidify the cooperative relationship between the
two agencies, particularly with respect to the sharing of information.
The FMC is providing access to its extensive informational resources
and data bases which contain background information on all of the
entities regulated by the Commission--some of the most complete data
bases identifying persons engaged in U.S. foreign commerce. If
confirmed, I will work with staff and my fellow Commissioners to
complete and execute that MOU, providing government-wide access to the
FMC's informational resources and greater transparency in the Nation's
supply chain.
In addition, I understand that the FMC has taken several steps
which assist security efforts. First, the Commission has been working
with both Customs and the FBI in enforcement and compliance
proceedings. The FMC also has revamped and expanded its data collection
processes for all license applicants. The FMC also receives periodic
updates from Treasury Department's Office of Foreign Assets Control of
its lists of companies and individuals whose financial transactions are
to be blocked for various reasons, including terrorism, and checks
those names against pertinent FMC data bases. I believe that more can
be done to promote security by bringing entities within regulatory
oversight, overseeing their activities as participants in our national
supply chain, and ensuring that the FMC is operating with the most
accurate information available.
I believe infrastructure improvements are largely at the initiative
of local port operations, but the FMC does play a key role in approving
agreements which often reflect these operational changes. The FMC also
serves as a repository of information for ports to utilize in planning
such improvements.
Question 4. You have an extensive amount of experience in maritime
issues. What do you believe the biggest issues facing the FMC are right
now?
Answer. First, the FMC must assist all parties within its
regulatory reach to cope with and prepare for recovery from the current
severe economic downturn in world shipping. Second, the FMC must fully
ensure the Commission's authority is being used to monitor potential
harmful developments to U.S. business and consumers from foreign
sources. Finally, the FMC must assist carriers, ports, and all segments
of the maritime industry in cooperating on Green projects and related
activities that will improve our economy and create jobs.
______
Response to Written Questions Submitted by Hon. John D. Rockefeller IV
to Polly Trottenberg
Question 1. Ms. Trottenberg, last month, the DOT announced funding
availability for Transportation Investment Generating Economic
Recovery, or TIGER, grants for surface transportation infrastructure
projects that will have a significant impact on the Nation. What are
the benefits of a TIGER grant compared to other DOT grant programs? Do
you believe that the Congress should continue the TIGER program when it
reauthorizes the Federal surface transportation programs?
Answer. Tiger Discretionary Grants have two principal advantages
over other DOT grant programs. First, they are multimodal, so that they
can be used on whichever transportation mode represents the most
efficient solution to a particular transportation problem. Second,
because they are awarded at the Federal level, they can be used to
address national transportation problems that have often received less
attention in the Federal-state-local partnership that characterizes
most of our transportation programs. I believe that a program like the
TIGER Discretionary Grants, possibly in the form of the President's
proposal for a National Infrastructure Bank, needs to be part of the
reauthorization of the Federal surface transportation program.
Question 2. Ms. Trottenberg, Senator Lautenberg and I have
introduced a bill that would create a national surface transportation
policy and would establish goals and objectives that that system would
have to meet. Do you believe that the Nation is in need for a surface
transportation policy to guide our Federal investments? Do you support
the goals and objectives for the surface transportation system included
in mine and Senator Lautenberg's bill? What data collection tools are
needed to ensure that investment decisions are targeted to projects
that meet national surface transportation policies and goals?
Answer. The Administration believes that the pending
reauthorization of surface transportation programs is an opportunity to
focus Federal policy and investment around the pursuit of important
national goals. The Rockefeller-Lautenberg proposal would do just that.
The mechanics of how these goals are translated into investment plans
at the state and local level are complicated, but goal setting is the
right place to start. Expanded data collection on freight and passenger
flows will clearly be important if we are to select the projects that
will make the greatest contribution to achieving these goals. If
confirmed I look forward to working with this Committee and others to
determine how best to achieve our national goals.
______
Response to Written Questions Submitted by Hon. Tom Udall to
Polly Trottenberg
Question 1. New Mexico, like every other state, relies first and
foremost on roads for transportation. However, I believe Americans need
more alternatives to driving in order to reduce both our dependence on
foreign oil and emissions that contribute to global warming.
The New Mexico Rail Runner, a new rail line from Belen to Santa Fe,
just celebrated its 2 millionth rider since it opened a few years ago.
It is a comfortable and efficient way to travel that gets people out of
their cars and off our congested highways. I believe the Rail Runner is
an example of a forward-thinking transportation investment that will
provide benefits to the state for years to come.
In your testimony, you state that the Department of Transportation
should strengthen its own capabilities while also assisting state and
local transportation agencies ``to ensure that they have the tools and
capacity needed to . . . to meet the challenge of transitioning to a
21st century performance-based system.''
Have you explored how the Department of Transportation can build
state and local agency capacity to meet the transportation needs of
rural states like New Mexico? How can Congress and the Department of
Transportation encourage state governments to consider commuter and
passenger rail options when traveling by train would make more sense
than driving or flying? Have you considered policies such as Federal
support for dedicated rail transportation coordinators in each state
Department of Transportation? This could be a cost-efficient means of
improving institutional expertise and building capacity at the state
level for promoting viable alternatives to driving.
Answer. In the request for an 18-month extension of the surface
transportation program, the Administration has proposed to lay the
groundwork for reform in the future reauthorization. One of these steps
is to create a program to support efforts to coordinate transportation,
housing, and land use planning and fund projects that enhance the
livability of communities, including transit, transit-oriented
development and bike and pedestrian infrastructure. Enhancing safety
where drivers and cyclists share the roadway is an important element of
a livability community. We are currently developing legislative
language and hope to share it with Members of Congress in the coming
days. We look forward to working with Congress to address these issues
in a long term reauthorization.
The elements of livability impact both urban and rural communities.
A transportation system that provides reliable and safe access to jobs,
education, health care and goods and services is equally important to
rural and urban communities. Remote locations present unique challenges
to mobility, including ensuring access for older citizens to services
and activities. Providing transportation choices can increase community
mobility. Fostering land-use planning that promotes clustered
commercial centers can enable one-stop-shopping for many residents,
reducing fuel costs and time on the road and enhancing a sense of
community.
Question 2. New Mexico once led the Nation in alcohol-involved
fatalities. Today the state is aggressively addressing the problem of
drunk driving and has significantly reduced the number of alcohol-
impaired driving fatalities through a combination of enforcement and
education efforts.
For example, New Mexico has a mandatory ignition interlock law, a
DWI Coordinator (a state cabinet-level position), and a DWI Leadership
Team that identifies gaps within the state's multi- agency approach to
reducing impaired driving.
I believe New Mexico's progress in the fight against drunk driving
serves as an example that could help other states across the country.
Will you help efforts to eliminate drunk driving nationwide by
supporting policies that encourage states to tackle the problem of
impaired driving as effectively as New Mexico has done in recent years?
Answer. The State of New Mexico is to be commended for its
remarkable rate of progress over recent years in reducing drunk
driving. I was very impressed by Governor Richardson's announcement
earlier this year that the number of DWI-related deaths in New Mexico
has decreased 35 percent since 2002. Yet I fully agree that even at
this reduced level, there are still far too many drunk driving deaths--
in New Mexico and across the Nation--and we need to continue looking
for every possible remedy for this problem.
If confirmed as Assistant Secretary for Transportation Policy, I
will work with my colleagues in the Department to provide the
leadership, guidance and resources that States need to address the
drunk driving problem. I believe it is important that the Department
assist States by highlighting effective strategies and providing
technical assistance and available resources that allow States
flexibility in implementing solutions that best address their specific
circumstances. States need support in assessing and adopting a range of
potential countermeasures, including effective public awareness
campaigns, law enforcement operations, and improvements in adjudication
and sanctioning systems, including the use of ignition interlocks.
Question 3. New Mexico was the first state to require all those
convicted of drunk driving to use ignition interlock devices. Today,
NHTSA and our Nation's automakers have a joint agreement to help
promote research and development for advanced ignition interlock
technologies that could further reduce drunk driving. Are you familiar
with these efforts to develop advanced ignition interlocks, such as the
Driver Alcohol Detection System for Safety (DADDS)? Do you have any
thoughts on these research and development efforts to eliminate drunk
driving?
Answer.I believe that technology plays an important role in
addressing the Nation's drunk driving problem. Ignition interlocks have
proven effective in preventing repeat drunk driving offenses and are
increasingly being adopted by states as part of their legal system for
addressing this problem.
The Department of Transportation can play an important role in
furthering use of ignition interlocks by evaluating State approaches
for administering interlock programs, creating guidance to steer
efforts to improve the deployment of interlocks and providing technical
assistance to States which adopt or strengthen interlock laws.
Question 4. I am interested in ways that roads can be made more
``green'' through use of recycled construction materials, methods to
reduce runoff, and other innovations. How can the Department of
Transportation help advance ``green highway'' technologies and
practices to make our road system more environmentally sustainable?
Answer. I know that DOT is committed to advancing environmentally
sensitive transportation infrastructure. Minimizing damage from, and
mitigating negative impacts of, transportation facilities on the human
and natural environments is important for federally-assisted
transportation projects, from the initial planning and design stages,
through development and construction, to operation and maintenance. If
confirmed, I expect to continue DOT's efforts to achieve a balance
between environmental challenges and the need for a safe and efficient
transportation network. DOT has fostered a shift in the transportation
community from simply mitigating environmental impacts to actively
contributing to environmental improvements, and has provided leadership
and funding to advance transportation agencies along the continuum of
environmental stewardship.
I would actively engage in DOT's efforts to advance initiatives
that support broader community and societal issues such as:
coordination between land use and transportation; supporting reduction
in emissions to meet climate change goals and adapt transportation
infrastructure. We need to provide leadership in achieving the goal of
having a transportation system support sustainability objectives.
Secretary LaHood's livability initiative establishes a framework for
DOT to advance mobility choices and increase quality of life.
Our ability to deliver the Federal Aid program will be dependent on
mainstreaming these livability and green highway initiatives into
regulatory a framework with Federal and state resource agencies. We
will also need to support continued research on environment and
transportation issues. By building strong relationships with resource
agencies and all our constituencies, the Department can deliver green
transportation projects and ultimately a green transportation system.
Question 5. I believe the Indian Reservation Roads program is
important for addressing the transportation challenges facing tribes in
my state and across the Nation.
The stimulus package made available $310 million dollars
specifically for the Indian Reservation Roads program. However, tribes
in New Mexico are actually seeing a decline in their annual funding
under this program--apparently due to how the Federal Highway
Administration includes a vast number of county, state, and even
Interstate roads in the inventory of roads supported by the Indian
Reservation Roads program.
I believe Congress intended the Indian Reservation Roads program to
be primarily for tribes, rather than for roads that have other sources
of funding. Do you have any recommendations on how we can restore the
program to its original purpose?
Answer. I am aware that transportation is critical to the economic
development and well being of Tribes and Alaska Natives, and I am
firmly committed to improving the transportation system on tribal
lands. I understand that the Indian Reservation Roads (IRR) Program is
jointly administered by the Bureau of Indian Affairs (BIA) and FHWA,
and provides funds to over 562 federally recognized Tribes and Alaska
Native Villages to help address their transportation needs. If
confirmed, I would work closely with the FHWA, the Tribes, as well as
the Department of Interior, to review the adequacy and fairness of the
IRR program and the inventory process.
Question 6. As a member of the Senate Bike Caucus, I appreciate how
commuting to work by bicycle burns calories rather than fossil fuels.
Constituents from my state also have raised concerns about safety and
accessibility for bicycles on roadways that would be addressed by the
``Complete Streets'' act. What policies or initiatives should be
included in transportation planning or projects to encourage greater
use of bicycles and to improve safety where drivers and cyclists share
the same roadways?
Answer. In the request for an 18-month extension of the surface
transportation program, the Administration has proposed to lay the
groundwork for reform in the future reauthorization. One of these steps
is to create a program to support efforts to coordinate transportation,
housing, and land use planning and fund projects that enhance the
livability of communities, including transit, transit-oriented
development and bike and pedestrian infrastructure. Enhancing safety
where drivers and cyclists share the roadway is an important element of
a livable community. In May FHWA co-chaired an international scan tour
in Europe to identify best practices related to walking and bicycling
safety and mobility with a goal of implementing some of these best
practices in the U.S. to make walking and bicycling safer, more
convenient, and attractive transportation options.
We are currently developing legislative language and hope to share
it with Members of Congress in the coming days. We look forward to
working with Congress to address these issues in a long-term
reauthorization.
______
Response to Written Questions Submitted by Hon. Kay Bailey Hutchison to
Polly Trottenberg
Question 1. This Committee and its members have long enjoyed a
close and productive working relationship with agencies under our
jurisdiction. We often rely on the technical and legal expertise of
agency staff when we are developing or reviewing proposed legislation.
Can all members of the Committee, and their staff on their behalf,
count on this cooperative relationship continuing?
Answer. Absolutely.
Question 2. What do you consider to be the greatest challenges
facing the Department during the next 4 years? How do you hope to
address those challenges?
Answer. I believe that the greatest challenge facing the Department
is making sure that the Highway Trust Fund is solvent and that the
Administration's short-term reauthorization proposal would accomplish
this. The next step is addressing our transportation priorities over
the long term in a multi-year surface transportation reauthorization.
We need to pursue critical reforms, including investments guided by
cost-benefit analysis, a shift of investment to metropolitan areas and
spending designed to promote the concept of livability to more closely
link home and work.
Question 3. What is your overall vision for surface transportation
policy in the United States?
Answer. My vision for surface transportation is much in line with
the Secretary's vision in that I believe DOT can undertake
administrative and regulatory changes to promote greater linkages
between transportation policy, economic growth and competitiveness,
energy security, climate change, and sustainable communities.
Addressing these issues, which are deeply interwoven with
transportation policy areas, is essential in developing a forward-
looking Federal vision.
Question 4. Given the current funding shortfall in the Highway
Trust Fund, what alternatives should be considered to finance
transportation projects?
Answer. I understand that the Department has not yet established a
long-term plan for funding the surface transportation system; however
it has some of the principles that would be reflected in that plan.
First, our system of transportation funding should be both adequate to
address the needs of the Nation's economy and sustainable with respect
to changing economic circumstances. Second, we need a transportation
funding system that is flexible with respect to the surface
transportation needs it can support. All the surface transportation
modes make an important contribution to meeting the Nation's surface
transportation needs; we need a funding system that can meet the
funding needs of all these modes. Third, transportation provides
mobility to travelers, allowing them to gain access to jobs and
economic opportunities, and it also provides people with leisure and
recreational opportunities, keeping families connected in our highly
mobile society.
______
Response to Written Questions Submitted by Hon. John Thune to
Polly Trottenberg
Question 1. What are your views on how to best ensure that the
transportation needs of rural America are not overlooked at the
Department of Transportation as it develops policy proposals?
Answer. I believe that a transportation system that provides
reliable, safe access to jobs, education, health care and goods and
services is every bit as important to rural communities as it is to
urban areas. As economic development is undertaken in rural areas,
focusing that development in town and commercial centers as livability
communities can increase access to necessities and enable one-stop-
shopping for many residents, thus reducing fuel costs and time on the
road and enhancing a sense of community.
The President has made livable communities a key aspect of his
agenda and the Vice President has also highlighted it in his Middle
Class initiative. Secretary LaHood's livability initiative establishes
a framework for DOT to advance mobility choices and increase quality of
life. If confirmed, I would actively engage in DOT's efforts to advance
its livability initiatives.
Question 2. What do you believe is the most important action
Congress could take to improve transportation in rural America?
Answer. The most important action Congress could take would be to
pass the Administration's 18-month surface transportation
reauthorization proposal. Even with the stimulus money, USDOT has shown
sensitivity to geographic balance in establishing the criteria for the
$1.5 billion discretionary program. Also USDOT has lowered the minimum
dollar amount to $25 million on its infrastructure bank proposal to
better enable rural communities to participate.
Question 3. As we prepare to reauthorize the Surface Transportation
bill, there are certainly competing views when it comes to the role the
Federal Government should have regarding infrastructure investment.
What are your views when it comes to ensuring that we have a ``national
transportation system''?
Answer. I believe that transformation of our national
transportation system is critical to meeting the President's goals for
a financially strong and clean-energy future. Federal investments in
transportation systems and infrastructure, including aviation,
highways, rail, bus, ferries, and other public transportation, have
been vitally important to the Nation's fastest-growing metropolitan
areas, small- and mid-sized cities, and in rural areas. These systems
create links between home, school, work, health care, recreation areas,
and other important destinations.
______
Response to Written Questions Submitted by Hon. John D. Rockefeller IV
to Hon. Deborah A.P. Hersman
Question 1. Ms. Hersman, if confirmed to serve as Chairman of the
NTSB, you would be responsible for managing NTSB's resources, the
majority of which are devoted to investigating aviation accidents. Are
there areas within NTSB's jurisdiction that could be better served with
additional resources?
Answer. NTSB Vehicle Recorder Laboratory ($1 million extra needed
to catch up)--The laboratory workload has increased steadily over the
past 5 years. Last year the lab processed more than 250 cockpit voice
and flight data recorders, along with digital cameras, video
recordings, GPS navigation devices, and cockpit displays and engine
monitoring devices recovered from crashed aircraft and surface
vehicles. The calendar year 2008 caseload represents a 215 percent
increase from the cases received in the same period in 2004. Despite
this increased workload, staffing of the laboratory has not increased
in the last 10 years. If the first month of 2009 proves to be a good
indicator of what the year holds, the lab will see an additional 20
percent increase in cases over last year, with no increase in
laboratory equipment or staff.
Rail Safety Improvement Act of 2008 ($500k extra needed to fulfill
our responsibilities)--This law requires the Board to provide
assistance to victims and their families affected by rail passenger
accidents. To meet this new mandate, the NTSB will have to divert
investigator funding. The level of assistance needed by victims and
their families following an accident would not be sustainable with the
current number of specialists comprising our Transportation Disaster
Assistance team.
Critical FTE Positions Listed in Priorities--(approximately $210k
per employee)--The NTSB has several critical staffing needs. These are:
Structural Mechanics Analyst, Marine Safety Investigator, Aviation
Maintenance Investigator, Aircraft Performance Engineer, Pipeline
Investigator--SCADA Systems, Rail Investigator--Mechanical Systems,
Study Manager--Statistician, Meteorologist, Air Safety Investigator--
Region, Contract Specialist.
Question 2. How would you allocate NTSB staff and resources to help
the NTSB fulfill its mission to improve safety?
Answer. The NTSB investigates accidents and conducts the in-depth
technical analyses required to determine probable cause and formulate
safety recommendations. However, I believe the NTSB could improve its
communication with stakeholders about its work and findings, as well as
the timeliness of its assistance to Congress, when requested. If
confirmed, I would explore reallocating some staffing resources to help
make these improvements.
Question 3. Ms. Hersman, as you know, I am very concerned about the
safety of passenger trains and think that Congress should be doing all
that it can to keep them safe. Can you please update me on the current
status of your investigation into the June 22 Metro crash?
Answer. On Monday, June 22, 2009, about 4:58 p.m., eastern daylight
time, southbound Metrorail train 112 was traveling in a curve when it
struck the rear end of train 214 before reaching the Fort Totten
station in Washington, D.C. Train 214 had stopped before entering the
station to wait for another train to leave the platform. There was no
communication between the train operators and the Metrorail Operations
Control Center before the collision. During the collision, the lead car
of train 112 telescoped and overrode the rear car of train 214 by about
50 feet. Investigators found rail streak marks consistent with heavy
braking that were approximately 125 feet long and began approximately
425 feet prior to the point of collision.
The stopped train, 214, was a 6-car train in passenger service
consisting of two 2-car sets of 3000-series transit railcars and one 2-
car set of 5000-series transit railcars. The train 214 operator told
investigators that he was operating in manual mode at the time of the
accident. The striking train, 112, was a 6-car train in passenger
service consisting of three 2-car sets of 1000-series transit railcars
being operated by the train operator in the automatic mode. The
automatic train control system is designed to prevent collisions
regardless of whether a train is operated in manual or automatic mode
by generating speed commands for individual train movements that should
not allow more than one train to occupy a track circuit.
Post-accident testing by NTSB investigators showed that the track
circuit at the accident site intermittently failed to detect a train
stopped at the location where train 214 was stopped when the collision
occurred. Under such circumstances, the train control system would not
be aware of the train's location, and thus a following train would not
receive a command to slow or stop in order to maintain train
separation. Investigators are continuing to examine train control
system circuitry and recorded data to better understand how the train
control system was functioning at the time of the accident.
Washington Metropolitan Area Transit Authority (WMATA) maintenance
records showed that an impedance bond for the track circuit where the
accident occurred was replaced on June 17, 2009, 5 days before the
accident. The impedance bond was replaced as part of a scheduled multi-
year program to upgrade train control circuitry. After a postaccident
review of recorded track circuit data, WMATA reported that the track
circuit had been intermittently failing to detect trains after June 17.
The NTSB has not uncovered any evidence to suggest that WMATA was aware
of this track circuit problem prior to the accident.
The Operations Control Center computer system continuously receives
real-time train location data and displays this information on a
monitor in the control center. The investigation has found that there
is no automatic monitoring that would identify and promptly report a
situation in which a train stops being detected by the system. Recorded
track circuit data showed errors in train detection for several days
before the accident.
The striking train did not have any onboard event recorders that
would have recorded train speed and other parameters. Investigators
have collected recorder data from the struck train. Data was recovered
from eight of the nine recorders on the struck train. Data could not be
downloaded from one recorder. Two of the eight recorders did not
contain data related to the accident; data collection ended before the
accident for undetermined reasons. The accident data is now being
examined by investigators in the NTSB laboratory.
The NTSB accident investigation will continue for several months,
however the Board may issue safety recommendations anytime before the
completion of the final accident investigation report if it believes
action is needed to prevent future accidents.
Question 4. Has NTSB identified the cause of the crash?
Answer. NTSB has not determined the probable cause of the accident
at this time. NTSB investigators have several months of work ahead of
them documenting facts needed to fully understand the accident. Trains
operate under the direction of Washington Metropolitan Area Transit
Authority's (WMATA's) Operations Control Center and utilize an
automatic train control system. Postaccident testing showed that the
track circuit at the accident site intermittently failed to detect a
train stopped at the location where the lead train was stopped, and
thus the following train did not receive a command to slow or stop in
order to maintain train separation. Investigators are continuing to
examine and test train control system circuitry and recorded data to
better understand how the train control system functioned prior to the
accident.
Question 5. When will a final report be ready?
Answer. The NTSB accident investigation will continue for several
months, however the Board may issue safety recommendations anytime
before the completion of the final accident investigation report if it
believes actions are needed to prevent future accidents. It is expected
to take 12 to 15 months to issue a final report. The complexity of
accidents, safety issues that need to be addressed, and the workload of
NTSB investigators and staff all factor in to the time needed to
complete work on an accident.
Question 6. Are you continuing to work with Metrorail and other
appropriate officials in investigating this accident?
Answer. The Washington Metropolitan Area Transit Authority (WMATA),
the Federal Transit Administration, the Tri-State Oversight Committee,
and the Amalgamated Transit Union are parties to the NTSB accident
investigation. These parties provided personnel onsite to work with our
investigators and will continue to work with our staff throughout the
investigation. NTSB investigators and WMATA personnel are continuing to
work together to document information necessary to understand factors
related to the accident.
Question 7. Ms. Hersman, as you know, the use of personal
electronic devices by railroad and transit employees has contributed to
recent accidents occurring on our Nation's rail and transit systems,
raising concerns over the safety of rail passengers. What
recommendations has NTSB made related to the use of personal electronic
devices by railroads and transit employees operating passenger trains?
Answer. NTSB issued Safety Recommendation R-03-01 to the Federal
Railroad Administration (FRA) on June 13, 2003. NTSB recommended that
FRA ``Promulgate new or amended regulations that will control the use
of cellular telephones and similar wireless communication devices by
railroad operating employees while on duty so that such use does not
affect operational safety.'' The NTSB had investigated an accident
involving a collision between two Burlington Northern Santa Fe freight
trains on May 28, 2002. The investigation revealed that the locomotive
engineer's cell phone use likely distracted him to the extent that he
did not take proper note of an ``after-arrival'' stipulation of a track
warrant and thus was unaware of his need to prepare to bring his train
to a stop.
The FRA did not take positive action to address Safety
Recommendation R-03-01 until after a head-on collision between a
Metrolink commuter passenger train and a Union Pacific freight train in
Chatsworth, California, on September 12, 2008. During the investigation
of the Chatsworth accident, NTSB determined that the operator of the
Metrolink passenger train used his cell phone many times while on duty
that day to send and receive text messages and that he had sent a text
message only moments before the collision. This accident resulted in 25
fatalities and 102 injuries. On October 27, 2008, FRA issued Emergency
Order No. 26 to restrict on-duty railroad operating employees from
improperly using cellular telephones and other distracting electronic
and electrical devices. The emergency order does not apply to transit
operations, however, because they are not regulated by FRA.
Question 8. What should be done to restrict the use of personal
electronic devices by railroad and transit employees operating
passenger trains?
Answer. On June 13, 2003, NTSB recommended that FRA ``Promulgate
new or amended regulations that will control the use of cellular
telephones and similar wireless communication devices by railroad
operating employees while on duty so that such use does not affect
operational safety.'' Effective October 27, 2008, the FRA issued
Emergency Order No. 26 to restrict on-duty railroad operating employees
from improperly using cellular telephones and other distracting
electronic and electrical devices. The order set forth prohibitions and
restrictions that apply to railroad operating employees' use of
cellular phones, other electronic devices or electrical devices, and
other portable electronic devices, such as portable digital video disc
(DVD) players, radio receivers, and audio players, capable of
distracting a railroad operating employee from a safety-critical duty.
The Railroad Safety Improvement Act of 2008 was enacted on October
16, 2008. Among many provisions, the Act requires that not later than
one year after enactment, the Secretary of Transportation shall
complete a study on the safety impact of the use of personal electronic
devices, including cell phones, video games, and other distracting
devices, by safety-related railroad employees.
Neither the Emergency Order nor the Railroad Safety Improvement Act
applies to rail transit systems which are not regulated by the FRA. The
Federal Transit Administration does not have any regulations that
restrict the use of personal electronic devices by transit employees.
The use of cell phones has also been identified as a safety issue in
rail transit operations and is continuing to be investigated as an
issue in a rail transit accident that occurred on the Massachusetts Bay
Transportation Authority (MBTA) transit system in Boston on May 8,
2009. In this recent Boston accident, 2 trains on the MBTA Green Line
collided and 47 persons were injured.
______
Response to Written Question Submitted by Hon. Mark Warner to
Hon. Deborah A.P. Hersman
Question. A critical point has come to light in the aftermath of
the horrible Metro accident last month and that is that there are no
national safety standards in place for subway and transit cars. Could
you elaborate on this issue, if that is indeed the case? Do you feel
national safety standards are necessary? What work has NTSB done in
regards to national safety standards, and what recommendations do you
have for making further progress in that regard?
Answer. The result of the recent accident at Fort Totten in
Washington, D.C., on June 22, 2009, has some similarities to accidents
at the Woodley Park station in November 2004 and the Shady Grove
station in January 1996. In the Shady Grove accident, the collision
speed was calculated between 22 and 29 mph; the moving train telescoped
21 feet over the stopped equipment severely compromising the passenger
occupancy space. In the Woodley Park accident, the calculated speed of
a train was 36 mph as it rolled backward down descending grade and
collided with a stopped train. The striking car of the moving train
telescoped 20 feet over the standing train car; almost half of the
passenger occupancy space of the striking car was severely compromised.
In the Fort Totten accident, the lead car of the striking train
telescoped and over rode the rear car of the standing train by
approximately 50 feet; almost two thirds of the passenger occupancy
space was severely compromised. The collision speed of the most recent
accident has not yet been determined.
The Federal Transit Administration (FTA) has not established
requirements to address structural crashworthiness provisions for
passenger cars operating in transit service. The NTSB concluded that
the failure to have minimum crashworthiness standards for preventing
telescoping of rail transit cars in collisions places an unnecessary
risk on passengers and crew. The NTSB issued safety recommendation R-
06-06 to the FTA to develop minimum crashworthiness standards to
prevent the telescoping of transit railcars in collisions and establish
a timetable for removing equipment that cannot be modified to meet the
new standards. The FTA reported that they were working in cooperation
with the American Public Transportation Association (APTA) and the
American Society of Mechanical Engineers. The FTA also advised that
they are coordinating with the Federal Railroad Administration (FRA)
regarding the ways the FRA uses its Passenger Car Safety Standards to
classify vehicle performance and crashworthiness.
In a life-threatening situation, emergency responders must be able
to enter the passenger cars quickly. Passengers must also be able to
evacuate the cars rapidly and safely. There is no requirement for rail
transit equipment to have emergency window exits. The NTSB issued a
safety recommendation (R-06-05) to the FTA to develop transit railcar
design standards to provide adequate means for safe and rapid emergency
responder entry and passenger evacuation. As of September, 2008, the
FTA responded that they have provided additional funding to APTA to
develop standards which are not yet complete.
______
Response to Written Questions Submitted by Hon. Tom Udall to
Hon. Deborah A.P. Hersman
Question 1. Ms. Hersman, shortly after we met, I was reminded of
NTSB*s important role in protecting public safety. The fatal Metro
accident here in Washington is a reminder to us all that the work of
ensuring public safety is never finished.
In your testimony, you state that ``NTSB is uniquely situated . . .
to point the way toward a safer transportation system.'' 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. The NTSB has no regulatory authority and no grant-making
authority, however we do have the attention of the public, as well as
the opportunity to educate Federal, state and local leaders, such as
yourself, about the circumstances of the accidents we investigate.
While it is true that we cannot mandate changes, the NTSB can be the
catalyst for safety improvements by encouraging others to take action.
The Congress has provided direction to Federal agencies in recent years
by requiring those agencies to provide responses or status updates to
our Most Wanted List of Safety Recommendations. This is a good start in
helping advance recommendations, however, sometimes providing a
response or a status update is not satisfactory. The Congress has, on
occasion, required the implementation of NTSB recommendations as they
did last year in the Rail Safety Improvement Act in which they revised
the decades-old hours of service law and required Positive Train
Control implementation by 2015 for certain high risk corridors
(passenger and Toxic by Inhalation routes).
Question 2. Ms. Hersman, 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. NTSB Vehicle Recorder Laboratory ($1 million extra needed
to catch up)--The laboratory workload has increased steadily over the
past 5 years. Last year the lab processed over 250 cockpit voice and
flight data recorders, along with digital cameras, video recordings,
GPS navigation devices, and cockpit displays and engine monitoring
devices recovered from crashed aircraft and surface vehicles. The
calendar year 2008 caseload represents a 215 percent increase from the
cases received in the same period in 2004. Despite this increased
workload, staffing of the laboratory has not increased in the last 10
years. If the first month of 2009 proves to be a good indicator of what
the year holds, the lab will see an additional 20 percent increase in
cases over last year, with no increase in laboratory equipment or
staff.
Rail Safety Improvement Act of 2008 ($500k extra needed to fulfill
our responsibilities)--This law requires the Board to provide
assistance to victims and their families affected by rail passenger
accidents. To meet this new mandate, the NTSB will have to divert
investigator funding. The level of assistance needed by victims and
their families following an accident would not be sustainable with the
small number of specialists currently comprising our Transportation
Disaster Assistance team.
Critical FTE Positions Listed in Priorities--(approximately $210k
per employee)--The NTSB has several critical staffing needs. These are:
Structural Mechanics Analyst, Marine Safety Investigator, Aviation
Maintenance Investigator, Aircraft Performance Engineer, Pipeline
Investigator--SCADA Systems, Rail Investigator--Mechanical Systems,
Study Manager--Statistician, Meteorologist, Air Safety Investigator--
Region, Contract Specialist.
______
Response to Written Questions Submitted by Hon. Kay Bailey Hutchison to
Hon. Deborah A.P. Hersman
Question 1. This Committee and its members have long enjoyed a
close and productive working relationship with agencies under our
jurisdiction. We often rely on the technical and legal expertise of
agency staff when we are developing or reviewing proposed legislation.
Can all members of the Committee, and their staff on their behalf,
count on this cooperative relationship continuing?
Answer. Yes, they can. I would ask that all such requests be
directed to the NTSB's Office of Government Affairs. We will work to
provide timely technical assistance and to support the Committee's
drafting efforts.
Question 2. Having served as a member of the NTSB during the past 5
years, what do you consider to be your greatest contributions to the
Board?
Answer. By nature, I am a stickler for precision, and I ask a lot
of questions. Because of these traits, I often placed demands on staff
to improve our work products. A collateral result of that effort was a
rise in expectations by other Board Members and an increase in their
level of engagement with the work and goals of the agency.
Question 3. What will be your guiding principles or philosophies in
leading the Board as Chairman, if confirmed?
Answer. As an independent agency charged by Congress to highlight
ways to improve transportation safety, the NTSB often has the unique
opportunity to lift the curtain on weaknesses in transportation safety
systems designed and promoted by other entities. However, because of
this position, it is imperative that the NTSB carefully protect its own
reputation for fairness and precision. Therefore, the principles that
will guide me in my leadership of the Board would be integrity,
accountability, and credibility. I believe it is the Chairman's role to
insist that staff and Board members work by those principles at all
times.
Question 4. What, if anything, do you hope to change at the Board
in your role as Chairman?
Answer. My top priority would be to provide our staff with the
resources they need to complete our accident investigation reports with
the same level of precision, but in a more timely manner.
Question 5. What type of relationship do you believe is appropriate
between NTSB and other transportation agencies? What actions will you
take in an effort to facilitate such relationships?
Answer. The NTSB is authorized by Congress under a framework
consciously designed to possess some inherent tension between the NTSB
and other transportation agencies. Because our mission is to determine
the probable cause of the accidents and make recommendations for
improvements, we must point out weaknesses in the system. At the same
time, it is important to work with other agencies to share information
and facilitate improvements if we can. Therefore, I will work to ensure
that the communication between the NTSB and other transportation
agencies is professional, candid, and where necessary, critical of
flaws, at both the management and staff levels. We will continue our
endeavor to achieve the right balance of cooperation with regulatory
agencies while maintaining our independence from them.
Question 6. The largest numbers of transportation-related
fatalities are on our Nation's highways. And while fatalities have
decreased significantly over the past couple years, there is still work
to be done. What do you believe the Board's role should be with respect
to highway safety?
Answer. We have scores of open recommendations in the area of
highway safety addressing trucks, buses, highway design, training, etc.
However, we have placed a special emphasis on some of those
recommendations on our Most Wanted List of Safety Improvements because
we know that fatalities on our Nation's highways can be reduced if
these recommendations are implemented. These include mandatory seat
belt use, hard-core drinking driver countermeasures, the use of age-
appropriate and size-appropriate child safety seats, and prohibiting
novice drivers from using wireless devices. We have worked at the state
level to encourage passage of laws in these areas, and as Chairman, I
would work to ensure that these efforts vigorously continue.
Question 7. What actions, if any, will you initiate to help spur
agencies to be more responsive to the NTSB's ``Most Wanted'' list of
safety recommendations or to help spur more timely implementation of
those recommendations that they do agree to adopt?
Answer. The NTSB does not have regulatory authority or grant-making
authority, so it must rely on it power of persuasion to promote
implementation of these safety recommendations. We accomplish this
through education, outreach, and advocacy. I would like to see the NTSB
improve the ``marketing'' of our recommendations by packaging them in a
way that is more understandable to our constituencies.
Question 8. What do you consider to be the most critical
recommendation on the Most Wanted List that awaits agency response?
Answer. The most critical recommendations are those that address
the issue of fatigue. While many other issue areas on our Most Wanted
List require huge investment in technology, retooling a fleet of
vehicles, or years of additional research before they can be
accomplished, fatigue management is an area in which science and
research are quite mature. There is widespread acknowledgement that
effects of fatigue are deadly; what is lacking is the will to address
the issue in a comprehensive way that is based on science.
______
Response to Written Questions Submitted by Hon. John Thune to
Hon. Deborah A.P. Hersman
Question 1. Having served as a member of the NTSB during the past 5
years, what do you consider to be the greatest challenges facing the
Board?
Answer. Timely production of accident investigation reports while
under a heavy workload.
Question 2. What do you consider to be the most important
management needs at the Board, and how do you hope to address those
needs?
Answer. The Office of Personnel Management named NTSB one of the
Top Ten Places to work in the Federal Government. To build on this
success, the NTSB needs to revise its Strategic Plan and develop its
first Strategic Training Plan. These activities are already underway,
and, if confirmed, I plan to bring them to completion. Further, the
agency is currently implementing a labor cost accounting system which,
if confirmed, I will shepherd to completion to ensure that it is
effectively used as a management improvement tool. Finally, the NTSB
has made significant progress in implementing the Government Accounting
Office management review recommendations and has received six
consecutive unqualified (clean) audit opinions on its financial
statements. Furthermore, we received our best Federal Information
Security Management Act scorecard in Fiscal Year 2008. If I am
confirmed as chairman, I will work to ensure that these improvements
continue in the future.
Question 3. Do you believe Federal agencies should be required to
act on NTSB safety recommendations or do you think the current
scenario, whereby agencies make their own determinations as to which
recommendations to act on, is the correct approach?
Answer. I believe that other Federal agencies should be required to
respond to our recommendations. At the NTSB, we recognize that Federal
agencies may not act upon our recommendations for a number of reasons.
For example, additional research may be needed, additional funding may
need to be secured, or there may be acceptable alternate methods for
accomplishing our recommendations. However, I believe it is reasonable
to require agencies to at least respond to the NTSB about their
disposition of our recommendations. It is up to others, such as the
Congress, to determine if the recipients of our recommendations should
be required to implement them.
Question 4. What do you believe is the most important action
Congress could take to improve transportation safety in rural America?
Answer. The general characteristics of rural roads (narrow, two
lanes, hills, curves, obstructions near the road edge, etc.) present a
relatively unforgiving environment that contributes to the dangers
associated with driving on them. Reduction in rural road accidents and
fatalities can be approached through improvements of the
infrastructure, improvements in vehicle design, and enhanced
communication capability once an accident has occurred. Infrastructure
improvements would include straightening out curves, reducing hills,
widening lanes, adding appropriate barriers, and improving lighting.
Vehicle-based solutions include collision warning equipment, electronic
stability and rollover control, lane departure warnings, and
intelligent transportation systems that allow vehicles to communicate
with other vehicles or with the infrastructure to prevent collisions.
When accidents do occur, automatic crash notification and improved
wireless communication would allow first responders to respond to the
crash more quickly and effectively.
______
Response to Written Questions Submitted by Hon. John D. Rockefeller IV
to General Charles F. Bolden, Jr. and Lori B. Garver
Question 1. Sound financial management has long been a weakness at
NASA. While the agency has attempted to implement an enterprise-wide
financial accounting system to improve transparency and reporting, this
has proven to be a challenge. Most recently, the independent accounting
firm Ernst & Young was contracted to audit NASA's financial statements
for FY 2007 and FY 2008. The firm disclaimed an opinion because of
continued significant weaknesses in the agency's financial management
processes and systems. Essentially, NASA's books were not in sufficient
order for the independent firm to perform the audit.
NASA does not have a good track record when it comes to financial
management. If the agency were failing a financial audit, I would
highlight that, but the fact of the matter is that NASA can't even
prepare its financial statements to allow auditors to do their job!
What specific steps do you intend to take to remedy this situation?
Answer. We have been made aware that NASA has been unable to obtain
a clean financial audit for several years. While we are told that the
agency has been working hard to address this problem, it can and must
do better. If confirmed, one of our first priorities will be to meet
with NASA's financial management team to review existing plans to
address this serious challenge and develop new specific actions where
required.
In order to address the underlying problems preventing NASA from
regularly obtaining an unqualified audit opinion on its financial
statements, it is our understanding that NASA took a new approach in
Fiscal Year 2008 toward resolving weaknesses and improving its
financial reporting. The implementation of these new processes and
policies are reported to have improved NASA's ability to meet financial
reporting and internal control standards required for a clean audit.
NASA has also reported that due to an impending Federal accounting rule
change, it is closing in on resolving its long-standing property audit
issue related to proving the historical accounting book values used for
the Space Shuttle and International Space Station. We have been briefed
that Ernst & Young and GAO have recently noted NASA's progress in
resolving accounting issues and improving financial system
capabilities. Assuring that NASA focuses n this issue will be one of
our top priorities if confirmed.
Question 2. NASA provides critical support for the Federal Aviation
Administration's (FAA) efforts to modernize the National Aerospace
System (NAS) by conducting basic research through its Aeronautics
Research Mission Directorate, which supports the development of
technologies vital to the advancement of the air traffic control system
and the development of more efficient aircraft and engines through
various research programs. NASA's budget for aeronautics research has
been consistently cut over the past 10 years. However, the President's
FY 2010 provides a slight increase, requesting $507 million compared to
$499.5 million appropriated in FY 2009. While the Recovery Act provided
an additional $150 million in FY 2009, this combined total of $650
million for FY 2009 is still well below the $853 million authorized in
the NASA Authorization Act of 2008 for aeronautics.
One of the criticisms of the FAA's implementation of NextGen to
date has been that the program is not well coordinated among all the
agencies involved. For example, NASA's aeronautics research budget has
been reduced substantially in past years, shifting money to other
agency priorities. This has forced the FAA to devote more of its
resources to research and development supporting the Next Generation
Air Transportation System (NextGen). What is your view on NASA's role
in supporting the FAA's efforts to modernize the NAS through the
implementation of the NextGen? What steps will you take as NASA
administrator to better coordinate your agency's efforts to support
NextGen with the FAA?
Answer from Charles F. Bolden, Jr. My membership on the FAA
Management Advisory Council (MAC) gives me first hand knowledge of your
concern, because the MAC expressed this same concern to the FAA
Administrator over the past 2 years. I support the goals of the NextGen
Program, which is intended to give our Nation the advanced and fully
capable air traffic control system it needs. NASA must clearly play its
role in this effort, which I understand to currently be focused on
developing revolutionary concepts, tools, and technologies that will
enable the mid-term and long-term goals of NextGen. This role is
complementary to what I believe to be the FAA's role to implement tools
and technologies in order to meet the near-term needs while leading the
efforts to address the mid-term requirements.
The new FAA Administrator, Randy Babbitt, was also a member of the
FAA MAC at the same time and is a good friend. If confirmed, I will
work closely with him to ensure NASA-developed capabilities and
technologies are transitioned to the FAA to address critical needs of
NextGen. By working closely with NASA's Associate Administrator for
Aeronautics, I will ensure Aeronautics research activities that are
required for NextGen receive top priority. I will also continue to
build strong collaboration with FAA and other members of the Joint
Planning and Development Office (JPDO).
In addition, if confirmed as NASA Administrator, I look forward to
serving on the Senior Policy Committee (SPC), which is chaired by the
Secretary of Transportation and includes senior representatives from
the five Federal agencies.
Question 3. The Small Business Innovation Research (SBIR) and the
Small Business Technology Transfer (STTR) Program is designed to
increase the participation of small, high technology firms in the
Federal research and development endeavor. Agencies that conduct
scientific research are required to set aside 2.5 percent of their
research budget for small businesses. NASA's FY 2009 SBIR/STTR funds
totaled $127 million and the FY 2010 request is $138 million.
The Committee is currently investigating allegations that at least
one private company-and perhaps other companies we don't yet know
about-has been defrauding NASA and the American taxpayers by pocketing
money they receive through NASA's SBIR and STTR program. The
investigation is still in progress, but we have already uncovered
evidence that NASA is not carefully tracking how SBIR and STTR funds
are spent after they have been awarded. This lack of accountability
makes it easy for dishonest contractors to game the system. I'm sure
you will agree with me that NASA can't afford to waste its precious
research dollars. What steps will NASA take to strengthen oversight of
contracts it awards through the SBIR and STTR programs?
Answer. We are both in total agreement that NASA must use its
research dollars to obtain the most value for the U.S. taxpayer. If
confirmed, we intend to look closely at the oversight of the SBIR and
STTR programs in order to ensure that we are taking all appropriate
steps to maximize the productivity of tax payer funds and eliminate
waste or fraud.
NASA, like other Federal agencies, uses the SBIR/STTR programs as
an important source of technological innovation--something that is
vital to the performance of NASA's mission and the Nation's prosperity
and security. If confirmed, we intend to review the processes currently
in place, and assess how to improve oversight.
Question 4. Earlier this year the Government Accountability Office
suggested that NASA should implement more effective oversight and
management over the development and acquisition of major large-scale
projects (defined as projects with life-cycle costs of $250 million or
greater). In its study, the GAO found that costs for major large-scale
projects increased by an average of 13 percent from the baseline
estimate, and experienced an average of 11 months delay to their launch
dates. While the agency has taken steps to improve project management,
many projects continue to announce delays and increasing development
costs. How will you improve project management within NASA's programs
to make sure that projects stay on time and on budget?
Answer. As you note, the GAO has acknowledged NASA challenges in
project management. We have been briefed that the GAO has also
recognized that NASA has developed a credible corrective action plan
and is implementing that plan. We need to ensure that NASA not only
meets that plan but continues to measure and improve both cost
estimating and cost and schedule management.
We have been told that over the last 2 years NASA has made
improvements to its policies and practices in order to strengthen
project performance. NASA policies now include new requirements for
program cost and schedule estimating. We understand that NASA has also
taken a positive step in improving management oversight with the
establishment of a baseline performance review. These monthly reports
to NASA's senior management have been recognized by the Office of
Management and Budget and the GAO as a model of improved management. We
intend to highlight and focus agency attention on projects that are
predicted to exceed NASA cost and/or schedule baselines, so the agency
can take preemptive actions to minimize the projects' potential cost
overruns or schedule delays.
A serious discussion of cost estimating, program management, and
cost control will be one of our earliest priorities if confirmed. It is
critical that the agency both initiate the necessary improvements to
its cost estimating and program management process, and remain
disciplined in implementing them.
Question 5. Project management issues are especially evident when
looking at NASA's satellite programs. NPOESS \1\ (pronounced EN-POSE)
in particular has faced a series of delays, failures, and cost
increases. Much of this is has stemmed from delays and mistakes by
poorly monitored NASA contractors. How would you address project
management deficiencies at the agency especially oversight over
contractor work?
---------------------------------------------------------------------------
\1\ NPOESS is a joint mission between NASA, NOAA, and the
Department of Defense to provide next generation weather and climate
observing capabilities.
---------------------------------------------------------------------------
Answer. We agree that better project management is needed on the
cutting-edge technical work that is done at NASA, particularly because
Earth Science missions are increasingly being used to improve weather
forecasts, climate prediction, and to provide a solid foundation for
policy decisions made by the President and Congress. Both NASA and DoD
have been adversely impacted over the past decade from the steady
erosion in the Nation's ability to provide technologically advanced
instruments within schedule and budget.
We have read a recent independent analysis of NPOESS that concludes
that a major problem with the program to date has been the fact that
the procurements have not been managed within an experienced space
acquisition organization. The report also noted that NASA could provide
the necessary expertise. We concur with this assessment and find the
recommendations well developed and worthy of serious consideration. We
also understand that there is currently a review of the NPOESS program
being led by the Executive Office of the President. Once a decision is
made on the future management structure of the NPOESS program as a
result of that review, we will work diligently to fulfill the role
assigned to NASA.
We take very seriously the need for sustained vigilance in contract
management as we develop our space missions, along with the need for
close coordination between NASA and private industry to assure that the
talents and skills both within and outside the government are brought
to bear on the Nation's problems in a more effective and efficient
fashion. There are various opinions as to how and why NPOESS has found
its way to its current state. If confirmed we will look to meet with
you and your staff to fully understand your concerns, to review the
problems and challenges facing the NPOESS program, and to review the
recommendations that will result from the review cited above by the
Executive Office of the President.
______
Response to Written Questions Submitted by Hon. Tom Udall to
General Charles F. Bolden, Jr. and Lori B. Garver
Question 1. Scientists now know much about the dangers of global
warming and rising sea levels thanks to NASA's support for Earth
Science missions. Many of NASA's greatest contributions to science and
society have in fact come from unmanned Earth Science missions that do
not always capture the headlines in the same way as human space flight.
I am pleased that President Obama's NASA FY2010 budget request also
recognizes the importance of harnessing the Nation's space capabilities
to learn more about planet Earth. How will you help ensure the
continued success of NASA's Earth Science missions?
Answer from Charles F. Bolden, Jr. As the Commander of ATLAS I,
NASA's first ``Mission to Planet Earth'' flown on the Space Shuttle, I
am personally well aware of the benefit that the vantage point of space
can bring to our study of the Earth. Lori and I have discussed this,
and we both think a critical component for the continued success of
NASA's Earth Science missions will be to ensure funding for priority
missions identified in the 2007 Earth Science Decadal Survey. The
Decadal Survey recommendations include completing the missions in
development, initiating new missions, and continuing aggressive
technology development, airborne science research, increase funding for
research & analysis (R&A), and new information systems programs.
Related to this work will be our efforts to enhance our cooperation
with NOAA's National Geodetic Survey to find synergies in our present
efforts and get more ``bang for the buck'' from our individual
projects.
As with any cutting edge science, the unknown is not known until
you try to accomplish the task. We will encourage and give support to
scientists at NASA, in academia, and in industry. We will work to
complete our current Earth Science missions under development, operate
those currently gathering data, and accelerate new missions where
possible, always emphasizing safety and mission success.
Question 2. New Mexico is home to NASA's White Sands Test Facility
which for many years has supported the Space Shuttle program as an
alternate landing site and key place for developing and testing
propulsion systems.
You are no doubt aware of White Sands' capabilities and
contributions to fulfilling NASA's mission ``to pioneer the future in
space exploration, scientific discovery, and aeronautics research.''
Yet with the retirement of the Shuttle, the role of White Sands
Test Facility's personnel and infrastructure for future NASA activities
is not yet defined. What role do you foresee for the White Sands Test
Facility under your leadership at NASA?
Answer. As we discussed briefly during our confirmation hearing,
White Sands Test Facility (WSTF) offers support to the Space Shuttle
program. Specifically, NASA uses WSTF to test the Space Shuttle's
orbital maneuvering and reaction control subsystems. These systems use
so-called hyperbolic propellants, which are highly volatile and require
special handling.
As the Space Shuttle is retired, the use of WSTF for refurbishing
and testing some of its hardware will phaseout. While we cannot commit
specifically to the future use of any one facility, the capabilities
resident at White Sands are unique. We look forward to the results of
the Augustine Review of U.S. Human Space Flight Plans, which will help
shape NASA decisions on how to move forward after the retirement of the
Space Shuttle. Now that we have been confirmed, I pledge that we will
certainly communicate openly and clearly with you and the Committee to
ensure that we find ways to best utilize NASA's facilities.
Question 2a. Will you assure me that you will keep this Committee
fully informed of future plans for White Sands and other NASA
facilities--if necessary, more frequently than the agency's biannual
Workforce Transition Strategy updates?
Answer. Our people and our facilities are NASA's most valuable
assets, and we intend to continue to focus on best utilizing these
assets to accomplish NASA's mission. We commit that, under our
leadership, the NASA team will be focused on providing you, other
Committee members, and your staffs with frequent updates and
information on NASA's plans, in support of Committee requirements.
Question 3. New Mexico has a proud heritage of space exploration
dating back to Robert Goddard's early rocket experiments in the 1920s.
Today, New Mexico will invest $200M to develop Spaceport America and
spur the growth of the commercial space industry. Spaceport America
construction began last month. New Mexico is also a strong supporter of
initiatives such as the Centennial Challenges and the X Prize.
Given the NASA and commercial space assets in New Mexico, what
opportunities do you envision for future NASA collaboration with
Spaceport America and New Mexico? What opportunities do you anticipate
for continued NASA support for space-related research and development
in New Mexico? NASA Administrator Mike Griffin visited New Mexico to
address the X-Prize Cup Summit in 2006. Will you consider visiting New
Mexico's NASA and commercial space facilities during your tenure?
Answer. NASA will be looking at how to continue to work with
industry and entrepreneurs to enable them to produce new technologies
and services. The Spaceport America facility or other organizations in
New Mexico may play a key role in establishing these partnerships and
making them work for the taxpayer. In addition, NASA's White Sands Test
Facility may offer opportunities for future partnerships between
Spaceport America for field-testing new government or commercial flight
systems. We understand that the relationship between NASA and New
Mexico over the past few years has grown, with NASA holding
competitions as part of its Centennial Challenges Program at the Las
Cruces airport and Holloman Air Force Base. And, we understand that on
its own initiative, Spaceport America is building launching/landing
pads that could be used, beginning this summer, by Lunar Lander
Challenge teams for flight attempts or test flights as part of NASA's
Centennial Challenges Program.
Now that we have been confirmed, we look forward to working with
you in this area, and visiting New Mexico and its space infrastructure
and facilities.
Question 4. NASA's support of the commercial space industry has
been successful in attracting new industry participants, driving
innovation, and lowering the cost of access to space. How will you work
to promote commercial space initiatives?
Answer. As we discussed during our confirmation hearing, we are
strong supporters of commercial and entrepreneurial-to-government
partnerships, and we look forward to exploring additional partnership
opportunities across the Agency. In many cases, the government can be a
great incubator of ideas, often providing the spark that is needed to
encourage commercial and entrepreneurial ventures in areas such as
commercial space transportation. NASA's Commercial Crew and Cargo
Program, its associated funded and unfunded Commercial Orbital
Transportation Services (COTS) partners, and the Commercial Resupply
Services (CRS) contracts are good examples of successful industry-
government partnerships. We also understand that NASA has undertaken
efforts to make it easier for new entrants in the launch vehicle arena
to compete by providing support for launcher development and by easing
restrictions on demonstrated flight history.
These partnerships for space transportation should be a first step
toward making NASA an organization that works with the budding
commercial space industry in the same way that NASA's parent
organization, the National Advisory Committee for Aeronautics (NACA),
encouraged the development of the American aviation industry. NASA must
find ways to stimulate those outside of the government who have ideas
for new technologies or new services, and need opportunities to prove
their concepts or demonstrate their capabilities. Accordingly, now that
we have been confirmed, we look forward to exploring ways in which NASA
can further encourage these new industries and would communicate with
you to hear your ideas and concerns as we progress.
Question 5. General Bolden, you state in your testimony that the
United States can build upon ``our hard-earned world technological
leadership or [cede] it to others who are working vigilantly to push
the frontiers of space.'' I believe American leadership is already
eroded in the area of space launch. America went from being the No. 1
Nation in commercial space launch to having only one commercial launch
in 2006. How should NASA help ensure that America's commercial space
launch program is competitive with international rivals in Russia and
Europe that currently dominate the market?
Answer. In my experience, I have seen NASA use U.S. commercial
space-launch capabilities and services to the maximum practical extent
for its mission. Continuing in this way should help maintain a stable
demand for these services. But, I agree that NASA should do more. I
understand that the Agency has initiatives in place to enable new
entrants to the medium-class launch services arena to make an improved
business case. This includes changes in the NASA Launch Services (NLS)
contract to allow new vehicles with no previous flight history to
participate in the competition. Under the NLS contract, companies may
propose new launch service capabilities during ``on ramp''
opportunities, which occur every February and August. Space Exploration
Technologies' Falcon-9 vehicle is an example of an emerging launch
vehicle that has taken advantage of this opportunity.
Also, I understand that several companies have asked NASA for
support in the development of their vehicles, and the Agency has issued
two Space Act Agreements (SAAs) with companies to provide that support.
I would not be responding to your question fully if I did not mention
that a significant contributor to the falloff in U.S. commercial launch
is the stringent limitations imposed by ITAR, INKSNA, and other
restrictive laws relating to technology transfer and intellectual
property application/utilization. We must work with the Congress, the
Departments of State, Commerce, and Defense to find more reasonable
ways to protect our technical and intellectual expertise and insure our
national security without adversely affecting the competitiveness of
our commercial launch industry as we currently do.
I believe these efforts should help U.S. launch providers, and
understand that more detail will be provided in NASA's upcoming report
to Congress on small- and medium-class launch services.
Question 6. Landsat data from thermal infrared sensors (TIRS) are a
valuable tool to measure and monitor consumptive water use in New
Mexico and other western states. I have heard from water managers who
are concerned that such a sensor may not be included with the Landsat
Data Continuity Mission (LDCM) launch in 2012. If confirmed, will you
address concerns raised about losing this valuable scientific tool for
the conservation, development, and management of water resources in the
West?
Answer. During our preparation briefings we were informed that NASA
is working to develop the Thermal Infra-Red Sensor (TIRS) and to have
it ready in time for flight on the Landsat Data Continuity Mission
(LDCM), and that NASA just completed a Preliminary Design Review for
TIRS. The TIRS development schedule remains very challenging, but we
understand the agency is optimistic that the instrument development
timeline syncs up with the LDCM schedule. The FY2010 budget request
carries TIRS development within the LDCM budget line. If confirmed, we
will work with OMB and the Congress to ensure NASA maintains the flight
of TIRS on LDCM as a high priority.
______
Response to Written Questions Submitted by Hon. Mark Warner to
General Charles F. Bolden, Jr. and Lori B. Garver
Question 1. In 2007 the National Academy of Sciences identified
CLARREO project as an indispensable new mission for the next decade.
Since we are likely to spend hundreds of billions of dollars on carbon
reduction, it is imperative that we have a system to precisely measure
greenhouse gases. For 2010--2013, the CLARREO mission was ranked as a
top priority, however there is no funding included in the FY10 budget
to start this mission, and no real significant funding in the current
run out until FY13. Can you explain why none of the extra FY08 or FY09
Earth Science funding has been committed to CLARREO, and why NASA is to
a degree disregarding the Decadal Survey recommendations.
Answer. Earth and climate science are a central priority for the
Obama administration, and we intend for it to be a priority for NASA.
As you indicate, the measurement of greenhouse gases in our atmosphere
is a critical subject for our Nation and the world. We intend to use
recommendations of the decadal survey for Earth Science, in
coordination with national priorities set by the Administration and
Congress, to determine the most efficient and cost effective vehicle to
obtain peer reviewed technical data for use in these critical policy
decisions. We cannot presently provide an answer as to why no
additional FY08 and FY09 funding was committed to CLARREO. We
understand that CLARREO is one of the Tier-1 missions in the decadal
survey and as such, it will receive the agency's close attention.
If confirmed, we look forward to working with you as NASA defines
its plans for CLARREO and works to improve our Nation's systems to
accurately measure greenhouse gases.
Question 2. Since NASA Langley is the primary center for aerospace
research, isn't it appropriate for NASA to designate Langley as the
``Green Aviation Lead'' as the U.S. strives to get ahead of the curve
in next generation aviation design?
Answer. We believe it is critical that NASA have strong and focused
investments in the development of revolutionary concepts and
technologies to reduce environmental impacts from aviation. If
confirmed, we will work to ensure that NASA's research activities for
Green Aviation are comprehensive. Green Aviation can only be achieved
when we address this challenge from the entire system perspective. This
includes addressing vehicle technologies, their efficient operations,
and associated safety issues. We understand NASA currently addresses
Green Aviation challenges through five programs in NASA Aeronautics:
Fundamental Aeronautics Program, Airspace Systems Program, Aviation
Safety Program, Integrated Systems Research Program, and Aeronautics
Test Program. NASA's Langley, Ames, Dryden, and Glenn Research Centers
all provide critically important skills and facilities that are
required to address Green Aviation challenges from the systems
perspective. NASA Aeronautics needs the unique skills, facilities, and
capabilities residing at all four research centers to work on
technically challenging aeronautics objectives.
Question 3. The COTS program--Commercial Operations to Station--has
played a major role in revitalizing the commercial space sector in the
United States. Will you sustain, embed or expand NASA's role in COTS
and in procuring commercial space craft, rocket and space craft
launches?
Answer. As we discussed during our confirmation hearing, we are
strong supporters of commercial and entrepreneurial-to-government
partnerships, and we look forward to exploring additional partnership
opportunities across the Agency. In many cases, the government can be a
great incubator of ideas, often providing the spark that is needed to
encourage commercial and entrepreneurial ventures in areas such as
commercial space transportation. NASA's Commercial Crew and Cargo
Program, its associated funded and unfunded Commercial Orbital
Transportation Services (COTS) partners, and the Commercial Resupply
Services (CRS) contracts are good examples of successful industry-
government partnerships. These partnerships serve as models for other
NASA-commercial sector partnerships.
We understand that NASA's currently-funded COTS and CRS partners
both continue to make progress toward demonstrating their capabilities.
If confirmed, we look forward to continuing to work with these
partners.
We also understand that NASA has undertaken efforts to make it
easier for new entrants in the launch vehicle arena to compete by
providing support for launcher development and by easing restrictions
on demonstrated flight history. For example, Space Exploration
Technologies' Falcon-9 vehicle is an emerging launch vehicle that has
taken advantage of this opportunity. Accordingly, if confirmed, we look
forward to exploring ways in which NASA can further encourage the
development of new launch services.
______
Response to Written Question Submitted by Hon. Kay Bailey Hutchison to
General Charles F. Bolden, Jr.
Question. This Committee and its members have long enjoyed a close
and productive working relationship with agencies under our
jurisdiction. We often rely on the technical and legal expertise of
agency staff when we are developing or reviewing proposed legislation.
Can all members of the Committee, and their staff on their behalf,
count on this cooperative relationship continuing?
Answer. If confirmed, Lori and I assure you that under our
leadership the NASA team will be focused on providing coordinated
technical and legal expertise upon request to all Committee Members and
their staff.
______
Response to Written Question Submitted by Hon. John Thune to
General Charles F. Bolden, Jr.
Question. South Dakota does not have a major NASA research facility
but we do have an important asset for Earth observations and research
in the EROS data center. This center, which is under the U.S.
Geological Survey, primarily collects and analyzes data from the
Landsat 5 and 7 satellites. As NASA designs and launches Landsat 8, it
is critical that this satellite include the thermal infrared sensor.
Western states and western water managers use data from Landsat 5
and 7's thermal infrared sensors to measure and monitor consumptive
water use, particularly agricultural water use, which is critical to
improving water management activities. Congress has provided funds to
ensure thermal infrared sensor is launched as part of Landsat 8, yet I
understand that NASA continues to consider other alternatives. Can I
get your commitment that you will work with Congress and the
Administration to include the thermal infrared sensor on the planned
December 2012 launch of Landsat 8?
Answer. Lori and I are told that NASA is working to develop the
Thermal Infra-Red Sensor (TIRS) and to have it ready in time for flight
on the Landsat Data Continuity Mission (LDCM, sometimes referred to as
Landsat 8). In briefings to us on this subject, we have learned that
NASA just completed a Preliminary Design Review for TIRS. The TIRS
development schedule remains very challenging, but we understand the
agency is optimistic that the instrument development timeline syncs up
with the LDCM schedule. The FY2010 budget request carries TIRS
development within the LDCM budget line. If confirmed, we will work
with OMB and the Congress to ensure NASA maintains the flight of TIRS
on LDCM as a high priority.
______
Response to Written Question Submitted by Hon. Roger Wicker to
General Charles F. Bolden, Jr.
Question. NASA has prioritized a major information technology
transformation, referred to as ``I3P''. This will provide the agency a
much needed avenue to realize significant cost savings, provide process
improvements, create program efficiencies, and yield continuity and
collaboration. NASA's Chief Information Officer will oversee the
implementation of I3P. At this time, NASA's CIO position is vacant. I
encourage you, as Administrator, to designate a CIO who will support
and advance the roll out of I3P and the NASA Enterprise Data Center
contract in a timely and responsible manner and to provide regular
progress reports to you that can be relayed to the Committee. In this
regard, would you commit to this Committee to guide this program and
provide strong leadership via a CIO who will make I3P and the NASA
Enterprise Data Center a top priority?
Answer. If confirmed, I will be committed to designating a CIO for
NASA as soon as is practicable. I think it is clear that a top priority
for this person will be the implementation of an effective IT
infrastructure via the I3P. NASA must find ways to yield cost savings,
efficiencies, and improved collaboration through the implementation and
operation of an integrated IT infrastructure. In addition, NASA must
enable improved information technology security in consonance with
policies and procedures developed by the Administration.
______
Response to Written Questions Submitted by Hon. David Vitter to
General Charles F. Bolden, Jr.
Question 1. NASA is facing many challenges regarding its future
direction and ability to fulfill the many missions within its
portfolio. What, in your view, are the most pressing challenges, and
how do you intend to begin addressing them? (Understanding that in the
realm of human spaceflight, you are likely not able to comment in
detail pending the outcome of the Augustine Review.)
Answer. I believe that our Nation, not just NASA, is, in the words
of Dr. Shirley Jackson, President of Rensselaer Polytechnic Institute,
facing a ``Quiet Crisis'' that stems from a gap between the Nation's
growing need for scientists, engineers, and other technically skilled
workers, and its production of those same people. Therefore, the Nation
needs to decide if it wants to build upon its hard-earned position of
technological leadership, or cede this position to others who are
working vigilantly to push the frontiers of space. For its part, NASA
must take on the following tasks in order to lead.
a. NASA must safely bring the Shuttle Program to a close.
b. NASA must build upon its investment in the ISS, a unique
national laboratory, and a bridge to human exploration beyond
low Earth orbit.
c. NASA must accelerate, with a sense of urgency, the
development of a next generation launch system and human
carrier to enable America and other space- faring nations of
the world to execute the mission of expanding our human
exploration beyond low Earth orbit.
d. NASA must enhance its capability and organic expertise to
provide credible scientific, technological, and engineering
leadership to help the Nation better understand our Earth
environment.
e. NASA must inspire the rising generation of boys and girls to
become men and women committed to increasing knowledge in the
fields of science, technology, engineering and math (STEM) by
making NASA and its programs relevant to the American public.
I believe that we face a crisis of opportunity today. Ultimately,
we can either confront the aforementioned challenges of technological
leadership that ensure our Nation's safety and security, or cede that
leadership and prestige to other nations. If confirmed, I will need
your support and assistance in helping turn these challenges into
opportunities.
Question 2. What were some of the factors which convinced you to
agree to accept this appointment as NASA Administrator?
Answer. I believe that public service--to our nation, to our fellow
citizens, and to our children--is both an opportunity and a
responsibility. Serving in the role of Administrator, if confirmed,
will be a significant opportunity to contribute to our Nation's
technological, scientific and educational future. It will also be a
serious responsibility, shepherding our Nation's civil space agency
through the challenging years ahead. I have always told others that you
can't complain about problems if you are not willing to get into the
fray and find solutions. I want to re-inspire a sense of excitement
about exploration in our Nation and maximize the benefit we gain from
the International Space Station. I have been deeply encouraged by the
President's commitment to space and the inspiration he has said he felt
during our Nation's moon landings. I believe that NASA can play a
critical role in helping us better understand Earth's environment, and
that it can increase its efforts to enhance and strengthen our
aeronautics program. I feel that these challenges are important for the
nation, and that I can contribute to addressing them as NASA
Administrator.
Question 3. As you prepare to undertake this very important
assignment, what priorities have you set for yourself, in terms of
establishing your management style and approach at NASA?
Answer. a. I employ a participatory management style in which I lay
out overall objectives and goals, set the tone for continuous emphasis
on safety in all we do, and step back to allow my subordinates to do
their jobs.
b. Among my earliest priorities are the following:
i. Safely and efficiently fly out the remaining flights
currently manifested on the Space Shuttle.
ii. Promote broader use of ISS as a national laboratory by
industry, academia, other government agencies, and
entrepreneurial researchers.
iii. Meet with ``Captains of Industry'' (e.g., aerospace CEO's
and entrepreneurial developers) to determine how NASA is viewed
in the aerospace community and help me lead the Agency to
refocus its efforts where needed.
iv. Meet with the heads of other Federal agencies (e.g., DOE,
DOT, FAA, Department of Education, NSF, and DARPA) to identify
potential areas of collaboration to reduce costs, reduce/
eliminate duplication of effort, and enhance support of basic
research in the critical areas of aeronautics, science,
technology, and bio-medical science.
v. Personally engage with the American public (e.g., schools,
service organizations, businesses, and industry) to inspire a
reemergence of willingness to try new methods of research and
exploration.
Question 4. As an astronaut, you have spoken to many groups,
organizations and students throughout the country--and the world, for
that matter. Based on that experience, what do you believe is the best
way to help people see the role and value of NASA programs in their
lives?
Answer. Nothing is better than having NASA astronauts, engineers,
and scientists go into schools, universities, and industry to talk
about the work we do and the discoveries that have come from that work.
NASA must also utilize the aeronautics and biomedical industries to
help communicate the relevance of NASA to their success and financial
gain by providing examples of innovations in their commercial products
that had their origins in NASA research or exploration. Examples
include tilt rotors, aerodynamically shaped propellers, winglets on
commercial passenger jets, Computer Aided Tomography, Magnetic
Resonance Imaging, and the DeBakey Ventricular Assist Device.
Question 5. In meetings and conversations with me, your
predecessor, Dr. Griffin, remarked about the unique nature of the
Michoud Assembly Facility, in terms of the kinds of manufacturing and
assembly work for which that facility is uniquely suited. Can you
provide your views, now or for the record, regarding the capabilities
of the Michoud Assembly Facility and its planned or potential role in
future space systems development and manufacturing?
Answer. The Michoud Assembly Facility (MAF) has long demonstrated
great capability for manufacturing large human space vehicles, with a
heritage in manufacturing going back to Apollo. Today, MAF is NASA's
primary site for the fabrication of flight hardware for the Space
Shuttle External Tank, and it is the intended site for various
components of the Constellation Program. As I understand it, there also
are efforts underway to find commercial work opportunities at this
unique facility, about which I look forward to learning. Current and
future work assignments related to the Agency's next-generation human
spaceflight vehicles, of course, will depend on the outcome of the
Review of U.S. Human Space Flight Plans.
I also must note that, following Hurricane Katrina, the MAF
workforce demonstrated the highest level of dedication, sacrifice, and
professionalism as they remained focused on their task, never asking
for special treatment. In my book, they are truly American heroes.
I look forward to working closely with Congress, this Committee and
the Administration to ensure that all of NASA's unique facilities and
talents are utilized in the best interests of our Nation's space
program.
Question 6. In your view, what is the proper balance among NASAs
major program areas of Science, Exploration, Space Operations and
Aeronautic Research?
Answer. Early consultative sessions with the American public,
industry leaders, independent think tanks and study groups (such as the
National Academy of Science studies), and recommendations of the
Augustine Committee will help shape the optimal balance among NASA's
major program areas. Additionally, we will need to focus on the results
from the President's announced study concerning National Space Policy
to determine what our national priorities are and what the proper mix
of expenditures in funds, infrastructure, and human capital should be
to accomplish these priorities efficiently, economically, and with a
heightened sense of urgency.
Question 7. NASA has prioritized a major information technology
transformation, referred to as I3P, which will provide the agency a
much needed avenue to realize significant cost savings, provide process
improvements, create program efficiencies, and yield continuity and
collaboration. NASA's Chief Information Officer will oversee the
implementation of I3P. At this time, NASA's CIO position is vacant. I
encourage you, as Administrator, to designate a CIO who will support
and advance the roll out of I3P in a timely and responsible manner and
to provide regular progress reports to you that can be relayed to the
Committee. In this regard, I would seek your commitment to guide this
program and provide strong leadership via a CIO who will make I3P a top
priority.
Answer. If confirmed, I will be committed to designating a CIO for
NASA as soon as is practicable. I think it is clear that a top priority
for this person will be the implementation of an effective IT
infrastructure via the I3P. NASA must find ways to yield cost savings,
efficiencies, and improved collaboration through the implementation and
operation of an integrated IT infrastructure. In addition, NASA must
enable improved information technology security in consonance with
policies and procedures developed by the Administration.
______
Response to Written Question Submitted by Hon. Kay Bailey Hutchison to
Lori B. Garver
Question. This Committee and its members have long enjoyed a close
and productive working relationship with agencies under our
jurisdiction. We often rely on the technical and legal expertise of
agency staff when we are developing or reviewing proposed legislation.
Can all members of the Committee, and their staff on their behalf,
count on this cooperative relationship continuing?
Answer. If confirmed, Charlie and I assure you that under our
leadership the NASA team will be focused on providing coordinated
technical and legal expertise upon request to all Committee Members and
their staff.
Response to Written Question Submitted by Hon. John Thune to
Lori B. Garver
Question. South Dakota does not have a major NASA research facility
but we do have an important asset for Earth observations and research
in the EROS data center. This center primarily collects and analyzes
data from the Landsat 5 and 7 satellites. As NASA designs and launches
Landsat 8, it is critical that this satellite include the thermal
infrared sensor.
Western states and western water managers are increasingly using
data from Landsat 5 and 7's thermal infrared sensor to measure and
monitor consumptive water use, particularly agricultural water use,
which is critical to improving water management activities. Congress
has provided funds to ensure thermal infrared sensor is launched as
part of Landsat 8, yet NASA continues to consider other alternatives.
Can I get your commitment that you will work with Congress and the
Administration to include the thermal infrared sensor on the planned
December 2012 launch of Landsat 8?
Answer. Charlie and I are told that NASA is working to develop the
Thermal Infra-Red Sensor (TIRS) and to have it ready in time for flight
on the Landsat Data Continuity Mission (LDCM, sometimes referred to as
Landsat 8). In briefings to us on this subject, we have learned that
NASA just completed a Preliminary Design Review for TIRS. The TIRS
development schedule remains very challenging, but we understand the
agency is optimistic that the instrument development timeline syncs up
with the LDCM schedule. The FY2010 budget request carries TIRS
development within the LDCM budget line. If confirmed, we will work
with OMB and the Congress to ensure NASA maintains the flight of TIRS
on LDCM as a high priority.
______
Response to Written Questions Submitted by Hon. David Vitter to
Lori B. Garver
Question 1. NASA is facing many challenges regarding its future
direction and ability to fulfill the many missions within its
portfolio. What, in your view, are the most pressing challenges, and
how do you intend to begin addressing them? (Understanding that in the
realm of human spaceflight, you are likely not able to comment in
detail pending the outcome of the Augustine Review.)
Answer. I believe three significant challenges facing NASA are
mission safety, maintaining a first-class workforce, and closing the
gap in human spaceflight. I will briefly review my thoughts on those
subjects here.
With respect to safety, it is well understood that much is riding
on each and every mission that NASA conducts. Each mission represents a
tremendous investment in money, time and human ingenuity to bring about
the desired results. Given the visibility and importance of NASA's
activities, it is critical that the agency achieve and maintain a
strong commitment to safety. With the impending retirement of the Space
Shuttle, safety will require an ever more heightened level of
attention.
NASA's workforce is the agency's greatest asset; this includes both
NASA civil servants and its support contractors. These are highly
educated and skilled people, with a tremendous history of
accomplishment, and a desire to use those skills to the betterment of
their country. An important challenge for NASA as it transitions away
from the shuttle program will be to ensure that it retains as much of
its workforce as possible. Following the retirement of the Space
Shuttle the country will be reliant on Russia to launch its own
astronauts to the International Space Station beginning sometime in
2011. Another key NASA challenge today is to replace the Space Shuttle
with a reliable space transportation system. If the United States hopes
to maintain a global leadership position, part of that will mean
closing the gap in human spaceflight as soon as possible.
Lastly, I would like to address a theme that was prevalent at our
hearing: making NASA relevant to the American public and inspiring
future generations of scientists and engineers. In all the things that
NASA does it must be sure that it is contributing to broader national
goals, helping find solutions to problems that are facing our Nation
right now, and in so doing making it clear to children and to young men
and women that a career in space is a career of contribution and
service to our country.
Question 2. What were some of the factors which convinced you to
agree to accept this appointment as NASA Deputy Administrator?
Answer. I was raised with the belief that public service is a duty
and an honor. While I have very much enjoyed working in the private
sector, it was a privilege to be asked by the President to serve as the
Deputy Administrator of NASA. I believe that NASA is a critical
national resource and an investment in the country's future. I look
forward to helping lead the agency if confirmed.
Question 3. Your very impressive record demonstrates that you have
a solid grasp of the policy and ``political'' realities of the Nation's
space program, and a sense of perspective developed over many years.
How do you see employing that experience and sense of history in
fulfilling your responsibilities as Deputy Administrator?
Answer. Given the opportunity, I would like to utilize my policy
background to help lead NASA to enhance its contributions to critical
national objectives, such as it has done historically. While I
recognize the Nation has many priorities at the time, it is my view
that NASA can and should work with other agencies, the private sector
and the international community to help address today's national and
global challenges.
Question 4. Given that background, what can you tell the Committee
about your own views on the long-range goals and future direction in
which the country's civil space programs should be going?
Answer. I view NASA as one of the key government agencies that is
an investment in America's future. If confirmed, my goals for NASA
include continued investment in aeronautics, Earth and space science,
and human spaceflight. I believe that NASA should serve as an
innovative R&D agency that develops technologies to be utilized by the
private sector. I believe that space exploration is not only an
investment in our future, but serves the very tangible benefits of
economic return and technological leadership.