- NOMINATIONS TO THE DEPARTMENT OF TRANSPORTATION, THE EXECUTIVE OFFICE OF THE PRESIDENT, AND THE DEPARTMENT OF COMMERCE

[Senate Hearing 111-429]
[From the U.S. Government Publishing Office]

S. Hrg. 111-429

NOMINATIONS TO THE
DEPARTMENT OF TRANSPORTATION,
THE EXECUTIVE OFFICE OF THE PRESIDENT,
AND THE DEPARTMENT OF COMMERCE

=======================================================================

HEARING

before the

COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE

ONE HUNDRED ELEVENTH CONGRESS

FIRST SESSION

__________

MAY 19, 2009

__________

Printed for the use of the Committee on Commerce, Science, and
Transportation

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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

ONE HUNDRED ELEVENTH CONGRESS

FIRST SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii KAY BAILEY HUTCHISON, Texas,
JOHN F. KERRY, Massachusetts Ranking
BYRON L. DORGAN, North Dakota OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California JOHN ENSIGN, Nevada
BILL NELSON, Florida JIM DeMINT, South Carolina
MARIA CANTWELL, Washington JOHN THUNE, South Dakota
FRANK R. LAUTENBERG, New Jersey ROGER F. WICKER, Mississippi
MARK PRYOR, Arkansas JOHNNY ISAKSON, Georgia
CLAIRE McCASKILL, Missouri DAVID VITTER, Louisiana
AMY KLOBUCHAR, Minnesota SAM BROWNBACK, Kansas
TOM UDALL, New Mexico MEL MARTINEZ, Florida
MARK WARNER, Virginia MIKE JOHANNS, Nebraska
MARK BEGICH, Alaska
Ellen L. Doneski, Chief of Staff
James Reid, Deputy Chief of Staff
Bruce H. Andrews, General Counsel
Christine D. Kurth, Republican Staff Director and General Counsel
Paul Nagle, Republican Chief Counsel
C O N T E N T S

----------
Page
Hearing held on May 19, 2009..................................... 1
Statement of Senator Warner...................................... 1
Statement of Senator Lautenberg.................................. 5
Statement of Senator Hutchison................................... 6
Prepared statement........................................... 6
Statement of Senator Udall....................................... 78
Statement of Senator Begich...................................... 78
Statement of Senator Isakson..................................... 83
Statement of Senator Brownback................................... 85
Statement of Senator Dorgan...................................... 87
Statement of Senator Klobuchar................................... 89

Witnesses

Hon. Barbara Mikulski, U.S. Senator from Maryland................ 3
Hon. Benjamin Cardin, U.S. Senator from Maryland................. 4
Lawrence E. Strickling, Assistant Secretary-Designate of Commerce
for Communications and Information, U.S. Department of Commerce 8
Prepared statement........................................... 10
Biographical information..................................... 11
John Porcari, Deputy Secretary-Designate, U.S. Department of
Transportation................................................. 21
Prepared statement........................................... 23
Biographical information..................................... 23
Aneesh Chopra, Associate Director-Designate for Technology,
Office of Science and Technology Policy, Executive Office of
the President.................................................. 33
Prepared statement........................................... 34
Biographical information..................................... 36
Dr. Rebecca M. Blank, Under Secretary-Designate for Economic
Affairs, U.S. Department of Commerce........................... 49
Prepared statement........................................... 50
Biographical information..................................... 51
J. Randolph Babbitt, Administrator-Designate, Federal Aviation
Administration, U.S. Department of Transportation.............. 69
Prepared statement........................................... 71
Biographical information..................................... 72

Appendix

Hon. Edward M. Kennedy, U.S. Senator from Massachusetts, prepared
statement...................................................... 93
Hon. Richard Durbin, U.S. Senator from Illinois, prepared
statement...................................................... 93
Hon. John D. Dingell, U.S. Representative from Michigan (15th
Congressional District), prepared statement.................... 94
Letter, dated May 14, 2009, from Edward P. Faberman, Executive
Director--Air Carrier Association of America to Hon. Byron
Dorgan, Chairman, Subcommittee on Aviation Operations, Safety
and Security................................................... 94
Letter, dated May 18, 2009, from H. Stephen Leiber, CAE, HIMSS
President/CEO and Charles E. Christian, FCHIME, FHIMSS, HIMSS
Chairman of the Board to Hon. Bill Nelson and Hon. David Vitter 95
Response to written questions submitted to Lawrence E. Strickling
by:
Hon. John D. Rockefeller IV.................................. 95
Hon. John D. Rockefeller IV and Hon. Byron Dorgan............ 96
Hon. Daniel K. Inouye........................................ 97
Hon. John Kerry.............................................. 98
Hon. Bill Nelson............................................. 99
Hon. Mark Pryor.............................................. 100
Hon. Tom Udall............................................... 100
Hon. Mark Begich............................................. 102
Hon. Kay Bailey Hutchison.................................... 104
Hon. Olympia J. Snowe........................................ 105
Hon. John Ensign............................................. 107
Hon. Jim DeMint.............................................. 107
Hon. John Thune.............................................. 109
Hon. Johnny Isakson.......................................... 110
Hon. David Vitter............................................ 110
Hon. Sam Brownback........................................... 111
Response to written questions submitted to John Porcari by:
Hon. John D. Rockefeller IV.................................. 111
Hon. Mark Pryor.............................................. 112
Hon. Tom Udall............................................... 113
Hon. Kay Bailey Hutchison.................................... 114
Hon. John Thune.............................................. 115
Hon. Johnny Isakson.......................................... 115
Response to written question submitted to Aneesh Chopra by:
Hon. John D. Rockefeller IV.................................. 116
Hon. Bill Nelson............................................. 117
Hon. Tom Udall............................................... 118
Hon. Kay Bailey Hutchison.................................... 119
Hon. Olympia J. Snowe........................................ 121
Hon. John Thune.............................................. 121
Hon. Johnny Isakson.......................................... 123
Response to written questions submitted to Dr. Rebecca M. Blank
by:............................................................
Hon. John D. Rockefeller IV.................................. 124
Hon. Bill Nelson............................................. 124
Hon. Tom Udall............................................... 124
Response to written questions submitted to J. Randolph Babbitt
by:
Hon. John D. Rockefeller IV.................................. 125
Hon. Daniel K. Inouye........................................ 125
Hon. John Kerry.............................................. 126
Hon. Byron Dorgan............................................ 126
Hon. Barbara Boxer........................................... 127
Hon. Bill Nelson............................................. 128
Hon. Frank R. Lautenberg..................................... 129
Hon. Mark Pryor.............................................. 129
Hon. Tom Udall............................................... 130
Hon. Mark Warner............................................. 132
Hon. Mark Begich............................................. 132
Hon. Kay Bailey Hutchison.................................... 133
Hon. John Thune.............................................. 135
Hon. Olympia J. Snowe........................................ 136
Hon. Johnny Isakson.......................................... 137

NOMINATIONS TO THE

DEPARTMENT OF TRANSPORTATION,

THE EXECUTIVE OFFICE OF THE PRESIDENT,

AND THE DEPARTMENT OF COMMERCE

----------

TUESDAY, MAY 19, 2009

U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 11:05 a.m. in
room SR-253, Russell Senate Office Building, Hon. Mark Warner,
presiding.

OPENING STATEMENT OF HON. MARK WARNER,
U.S. SENATOR FROM VIRGINIA

Senator Warner. We will come to order.
Let me say to Senator Isakson and Senator Begich, this is
the most rapid rise of a freshman member to committee
chairmanship in, I think, in recent Senate history.
[Laughter.]
Senator Warner. Please don't tell Senator Rockefeller that
I got comfortable in this chair for any moment in time.
[Laughter.]
Senator Warner. I know Senator Rockefeller sends his
apologies to the nominees. I'm going to do a brief opening
statement, and then we will start with Senator Mikulski and
Senator Cardin, who will make the introductions of one of our
nominees.
So, we'll start with that. I'm happy to welcome and
congratulate all of the nominees before us today. It's a great
honor for you to be before the Committee, and I look forward to
hearing from these distinguished individuals.
If confirmed, these leaders will be responsible for
improving our networks, advancing our policies, and promoting
our transportation systems.
As I mentioned, Chairman Rockefeller sends his sincere
regret for not being able to welcome you in person, but looks
forward to reading your remarks, and hopes to work with you in
the coming months and years.
I'd also like to recognize Senator Isakson and Senator
Begich, and if Ranking Member Hutchison comes, she'll obviously
have a chance to make her comments, as well.
Because we've got a number of nominees this morning, I
would ask each of them to make their remarks fairly brief, so
we can make sure we get in plenty of questions.
Obviously, President Obama was elected to bring change to
our Nation, and advancing the shared goals we all have of
progress and prosperity will require everyone's best efforts.
Nominees for positions in the National Telecommunications and
Information Administration, NTIA, the Office of Science and
Technology Policy, OSTP, and the United States Department of
Transportation will be before us in a few moments.
Obviously, as somebody who spent a career in communications
before taking the plunge into government, I am particularly
interested to hear from Mr. Strickling. His challenges will be
not only to manage digital television transition, but to make
sure we appropriately distribute broadband Stimulus Funds, and
navigate the Internet governance. These are all issues that
have remarkable consequences well beyond the bounds of
telecommunications policy, extending into the overall health of
our economy.
We're going to be hearing from Mr. Chopra, who I have a
long record and association with. He has been nominated to
serve two roles--Assistant Associate Director of White House
Office of Science and Technology, and Chief Technology
Officer--a new position the President has recently created, and
I'll be making some more formal comments about Mr. Chopra when
I have a chance to introduce him.
Mr. Porcari, if confirmed, you will be responsible for
giving our Nation's transportation system a new vision, and
you'll have to balance the needs of all of the transportation
agencies to ensure that our transportation systems are safe,
efficient and sustainable.
I would also add that I hope today is not the high point,
considering the glowing articles you received recently of
bipartisan support in the Washington Post today. I've been
around a long time in the region, and rarely do you see such a
strong story of endorsement of your background and credentials,
and I know we're going to hear from Senator Mikulski and
Senator Cardin on that subject in a moment.
Mr. Babbitt is appointed to be Administrator of the FAA, an
enormously challenging position, both in terms of NextGen
safety issues, and a host of other issues around aviation. We
look forward to your testimony.
And finally, Ms. Blank will be conducting the 2010 Census,
one of the largest undertakings of our government, and is
appointed to be Undersecretary for Economic Affairs at the
Department of Commerce.
You will also serve as head of Economics and Statistics
Administration, providing analysis for Commerce and interacting
with industry and other community leaders. I know you've got a
great background, and look forward to your position.
With such great and highly qualified individuals, I look
forward to hearing from each of you, but we will start with Mr.
Porcari, and I would like to call upon our colleagues, Senator
Mikulski and Senator Cardin, to introduce John Porcari.
Senator Mikulski?

STATEMENT OF HON. BARBARA MIKULSKI,
U.S. SENATOR FROM MARYLAND

Senator Mikulski. Thank you very much, Mr. Chairman, and
it's good to see you in the chair.
I come today to join with my colleague, Senator Ben Cardin,
to strongly recommend John Porcari to be Deputy Secretary of
the U.S. Department of Transportation. John has the experience,
knowledge, and a can-do attitude to successfully serve in this
capacity.
For those of us from Maryland who come before you today, it
is a bittersweet situation. If confirmed, John Porcari will do
a great job, and therefore the choice will be a great one for
the United States of America. But it is a sad day for Maryland
if we--as we lose him to be our Secretary of Transportation.
Secretary Porcari--and I'm calling him that because of his
position in Maryland--comes with outstanding personal
characteristics and a wonderful family. They're here today,
you'll meet Heidi and the five children, and all of the
Porcaris. You'll find that he is a man who--from his personal
characteristics--a man who believes in honor, and integrity,
and really getting the job done.
When one deals with large contracts, you not only have to
master the budget process, particularly if you're working in a
public agency, but you also have to be sure that it's done with
honesty and integrity. So, we're starting with that threshold,
which I know is so important as a characteristic for the Obama
Administration.
He has my full support, because John will bring vision, new
ideas, and actually juice to the excellent Transportation team
President Obama is assembling.
He has had a great deal of experience in fixing crumbling
transportation infrastructure, and knowing how to do it under
very difficult financial constraints.
John has served our great State twice as Transportation
Secretary, once for Governor Glendening, from 1999 to 2002, and
then returned to serve in the O'Malley Administration.
Mr. Chairman, our Secretary of Transportation is unique.
For him, it's not only about highways, byways, beltways and
subways, but it also includes airports and seaports, and he has
had an enormous set of challenges in terms of everything from
large transit systems, to the airport, to the Port of
Baltimore, as well as highways and bridges.
President Obama has made an excellent choice, because he
will carry out the Obama agenda for rebuilding our
infrastructure. But in rebuilding that infrastructure, he knows
he will use it to build a bridge to somewhere--to use our
highways and our physical infrastructure as a way to generate
jobs, solve transportation problems that will promote economic
growth and vitality, and doing it with very difficult funding
sources.
As he worked with Governor O'Malley in probably one of the
worst economic crises Maryland has ever seen, John was able to
give advice to the Governor about how we could meet compelling
transportation needs, and at the same time meet our budget
challenges.
I'm going to conclude and turn to my colleague, Senator
Cardin, but I want people in this room to know he's worked on
issues like D.C. Metro, the Woodrow Wilson Bridge, and building
the Appalachian Highway. In that way, he's worked with the
District of Columbia and with Governors from Virginia. And you
know, that's almost like treaty negotiations----
[Laughter.]
Senator Mikulski. When we finished working on the Woodrow
Wilson Bridge, we felt that he was going to be tapped by Bill
Clinton to be Secretary of State.
But, wearing your Governor's hat, you know how difficult it
is. So, he knows how to bring together politics, deal with
coalitions, prickly issues from design, to consumer, to
environment, to budget.
I think President Obama has made a great choice, and we
enthusiastically support him, and hope you do, as well.
Senator Warner. Thank you, Senator Mikulski.
Senator Cardin?

STATEMENT OF HON. BENJAMIN CARDIN,
U.S. SENATOR FROM MARYLAND

Senator Cardin. Well, Senator Warner, thank you very much.
It's a pleasure to be here with Senator Mikulski to endorse
John Porcari's nomination to be Deputy Secretary for the United
States Department of Transportation.
I want to compliment the President on all three of the
nominees that he has sent forward that are being considered
today by this Committee. I think all three are dedicated
people, and I want to thank them and their families for their
sacrifices they make to serve our Nation.
Now, I'm going to confess to you that I'm not objective
when it comes to John Porcari--he's a friend. He's a person
I've known for many years, a person of unquestioned integrity,
a real professional who gets the job done, a person who has the
experience to do this job for our country. His experience under
two Administrations--both the Glendening Administration, and
O'Malley Administration--and as Senator Mikulski pointed out,
the responsibility that our Secretary of Transportation has in
Maryland is far broader than just dealing with one mode of
transportation; he has to deal with every mode of
transportation.
Senator Mikulski mentioned some of the projects that he had
to manage, or to see completed. The Woodrow Wilson Bridge
which, Senator, you--as Governor--was very familiar about the
difficulties. That's a $2 billion-plus project that was
delivered on-time and on-budget, which showed some
extraordinary leadership from Secretary Porcari.
He had to deal with a lot of tough political battles. Let
me just mention some of the transit issues in our State--the
Purple Line and the Inter-County Connector. These are issues
that require the best in professionalism and political skills,
and John Porcari exercised the right judgment that made our
State proud of the manner in which he conducted his service as
Secretary of Transportation.
I think he has the package needed, at this time, for our
country. We know that we have just passed the American Recovery
and Reinvestment Act, a significant increase in funding for our
transportation infrastructure. We now need to make sure that
there's accountability. John Porcari will be an excellent
person, if confirmed, to carry out the oversight necessary to
make sure that the taxpayers of this country get the value for
the investments that have been made.
We know that we have tremendous needs in this country for
infrastructure investment for transportation. We also know we
have challenges on revenue. I think John Porcari will be an
excellent person to try to help us map out the strategies
necessary to achieve our goals of modernizing our
infrastructure system, and do it in a fiscally responsible
manner.
I concur with Senator Mikulski--this is a contribution
being made by the people of Maryland. We're going to miss him
as Secretary of Transportation, but we think it's an excellent
choice for the Obama Administration, and we wholeheartedly
endorse his candidacy.
Senator Warner. Thank you, Senator Cardin, and Senator
Mikulski.
Let me just add--echoing the comment that Senator Mikulski
made--that all of us in the greater Washington region realize
that for many decades, the Potomac River was the great divide
between Virginia and Maryland, and we too often did not view
our transportation system as a regional network. And I had the
opportunity--and my Secretary of Transportation, Pierce Homer,
had an opportunity to work, at great length, with John Porcari.
And I will echo your comments that he has been able to
negotiate those waters and move us forward as a region.
So, I echo both of your comments that I think he will be a
great addition to the Administration. I thank you both for your
testimony, and if you don't have anything else to add?
Senator Mikulski. Mr. Chairman, I just would like to put my
appropriations hat on for a moment. As you know, I chair the
subcommittee that funds the Commerce Department, on
Appropriations. There are those at the table that are part of
my Subcommittee.
And, Mr. Chairman, you have outstanding nominees here that
will be working in the Commerce Department and I, too, would
like to congratulate them, and in each and every one of their
areas, whether it's Census, the digital TV conversion issues,
and so on. We look forward to working with them and
implementing, also, the President's rural broadband.
And I would really hope, then, with this talent that will
be coming before you, and working with the authorizers, we can
really revitalize and recapitalize the Commerce Department.
I look forward to working with you, and the people who will
be confirmed.
Thank you very much.
Senator Warner. Thank you, Senator.

STATEMENT OF HON. FRANK R. LAUTENBERG,
U.S. SENATOR FROM NEW JERSEY

Senator Lautenberg. Mr. Chairman, you notice the
endorsement--the outstanding endorsement--that Mr. Porcari got,
and Senator Mikulski reminded us that she's on the
Appropriations Committee.
[Laughter.]
Senator Warner. It wasn't very subtle, was it?
[Laughter.]
Senator Lautenberg. Not for me, I'm on her Subcommittee.
Senator Warner. Thank you, Senator Mikulski.
Thank you, Senator Cardin.
Senator Hutchison, I already, in my interim step, here, as
Chair, gave an opening statement. I wondered if you would like
to offer an opening statement, as well.

STATEMENT OF HON. KAY BAILEY HUTCHISON,
U.S. SENATOR FROM TEXAS

Senator Hutchison. Thank you, Mr. Chairman.
I do have an opening statement, but I will not read it
because everyone is here, we're going to have a vote soon, and
I would like to proceed with the hearing, so I will submit mine
for the record.
[The prepared statement of Senator Hutchison follows:]

Prepared Statement of Hon. Kay Bailey Hutchison, U.S. Senator from
Texas
Thank you, Senator, for filling in today. We wish Chairman
Rockefeller a speedy recovery and look forward to his return soon. We
have several important nominations to consider today, and I thank the
nominees for accepting these positions and the challenges that come
with them.
Addressing NTIA first, I want to emphasize that the DTV transition
must remain the highest priority for NTIA. I am encouraged that since
February we have been able to cut the number of unprepared households
in half, but there remain concerns, particularly in Texas where we have
many vulnerable communities. Recently, the FCC and NTIA have ramped up
their efforts to target assistance to the Spanish-speaking population.
I want to ask Mr. Strickling about his plans to continue focusing on
NTIA's resources, through the transition, on Spanish-speaking
communities, including print and video advertising, walk-in centers,
and Spanish-speaking call center agents.
I also would like Mr. Strickling to address how NTIA intends to
focus the broadband grant program on unserved communities. This program
must be, from the outset, a model for efficiency and effective
oversight. NTIA was provided $4.7 billion for the broadband grant
program with a short time-frame with which to spend the money. I want
to know how NTIA will aggressively enforce its program to ensure
against waste, fraud, and abuse. Mr. Strickling has a commendable
background in government, particularly at the FCC during the
development of the Universal Service Fund's various programs. The
Universal Service Fund, however, has a questionable track record of
management and oversight. I would like the nominee to address what
lessons he takes from his experiences at the FCC that will ensure the
broadband grant program is run efficiently and taxpayer dollars are
spent wisely and carefully.
Another significant program that is pending before the Department
of Commerce is the 2010 Census. It is important that the process remain
transparent and that we receive an accurate count. Since the Under
Secretary of Commerce for Economic Affairs is involved in that process,
I look forward to hearing Ms. Blank's views on how the 2010 Census
should be handled.
Today's hearing is also a unique one because we have a nominee to
be Associate Director of Technology within the Office of Science and
Technology Policy, who will also have additional responsibilities as
the Chief Technology Officer, a new position created by this
Administration. I look forward to learning about Mr. Chopra's vision
for these positions.
Moving to our transportation nominees, I welcome the opportunity to
move forward on Mr. Babbitt's nomination. It is extremely important we
get a strong and stable leadership team in place at the FAA. In the
wake of recent accidents and the questions raised by those tragic
incidents regarding pilot training and competence, along with labor
strife and Congressional debate on FAA Reauthorization, it is
imperative that we have a qualified and able Administrator in place.
As I emphasized in our private meeting earlier this month, I am
increasingly concerned with FAA's air traffic control modernization
efforts and the fiscal implications of a potentially re-negotiated air
traffic controller contract. We will need your help, Mr. Babbitt, to
pass an FAA Reauthorization bill this year. There are several poison
pills looming, especially in the current version of the House bill that
could lead to a deadlock. We will need some assistance and practical
decisionmaking at the FAA in order to get a bill through this year.
I would also like to welcome Mr. Porcari, who is nominated to be
Deputy Secretary at the Department of Transportation. If confirmed, Mr.
Porcari will serve as Chief Operating Officer at DOT and oversee the
day-to-day operations of the Department. This is an important position,
as DOT is currently facing many important legislative and policy
challenges.
Again, I thank the nominees for their willingness to serve in these
important roles and look forward to having a constructive dialogue.

Senator Warner. Thank you, and I know that I will also ask
the Committee's unanimous consent to insert some statements for
the record from Chairman Rockefeller, Senators Kennedy, Durbin,
and from Representative Dingell.
[The information referred to is contained in the Appendix.]
Senator Warner. So, I'd like to ask the nominees to come to
the table now.
Again, I'd like to welcome you all here, and I look forward
to your testimony and your service. I want to--following
Senator Mikulski and Senator Cardin's glowing endorsement of
their fellow Marylander, John Porcari, I want to take the same
opportunity as a Virginia Senator to introduce Aneesh Chopra.
I'll do this quite briefly, but Aneesh Chopra has been
nominated by President Obama to be both Chief Technology
Officer--a new position, a position that I've been a strong
advocate for and believe is, combined with the CIO and the CPO,
can bring really new focus to making sure that we're more
effective, efficient, and technologically adept at our national
level.
In addition to that position, he has also been nominated to
be Associate Director of the Office of Science and Technology.
And I'll come back to Mr. Babbitt in a moment.
Now, Mr. Chopra and I have gone back decades since he first
got involved in public policy, and I was proud to appoint him
to a series of boards when I had the opportunity to be
Governor. My successor, Governor Kaine, appointed him as
Secretary of Technology, where he has performed admirably.
Last year, Government Technology Magazine named him one of
the Top 25 Doers, Dreamers, and Drivers, and as someone who has
spent a great deal of time with Aneesh, he's a bit of a
whirlwind and it is difficult to keep up with his ideas. I know
that he'll bring that same energy to this position.
He's got a great background serving in senior private
experience on the Advisory Board with Morgan Stanley. He brings
the right mix of technology and governmental backgrounds. I
know he's going to do a remarkable job as CTO, and look forward
to his service.
I also want to take a moment to introduce Randy Babbitt,
who the President has nominated to be Administrator of the FAA.
Mr. Babbitt has spent more than 40 years focusing on aviation
industry and labor relations issues, and I believe he is the
right person to lead the FAA at this moment.
He began his career as a commercial pilot for Eastern
Airlines, I think we all remember when it was the Eastern
Shuttle. Many years ago, he served as President of the Airline
Pilots Association, and most recently has served as an aviation
consultant.
He has a great background, has deep knowledge of safety
issues, and understands the challenges at the FAA. We had a
chance to visit on matters related to issues with the air
traffic controllers. We want to make sure that the NextGen
project moves from discussion into implementation. I think he
will bring the appropriate skills and background to this very,
very important position, and I commend the President for his
nomination.
We'll now ask each of the nominees to introduce anyone
you've brought, and put forward your statements, again,
recognizing that we may have some votes. We've got five of you,
but we all want to make sure we will get to questions.
So, we'll start with Mr. Strickling.

STATEMENT OF LAWRENCE E. STRICKLING,

ASSISTANT SECRETARY-DESIGNATE OF COMMERCE

FOR COMMUNICATIONS AND INFORMATION,

U.S. DEPARTMENT OF COMMERCE

Mr. Strickling. Thank you, Mr. Chairman.
Senator Hutchison, and distinguished Members of the
Committee, my name is Larry Strickling, and I want to thank you
for considering my nomination, and for giving me the
opportunity to appear before you today to introduce myself, and
answer any questions you may have for me.
I want to thank President Obama for nominating me for this
position, and also to thank Secretary Locke for his support of
my nomination. I'd also like to take this opportunity to
acknowledge and thank Anna Gomez, the Assistant Secretary of
NTIA, and Senior Policy Advisor, Mark Seifert, who have led the
Agency's efforts since February. From all reports, they have
done a magnificent job with respect to the digital television
transition, and the implementation of the broadband grants
program established by the American Recovery and Reinvestment
Act, they both deserve our thanks.
Well, if I may, Mr. Chairman, I'd like to introduce the
members of my family in the audience. My wife, Sydney Hans, is
a Professor at the University of Chicago School of Social
Service Administration. As the one member of our family with a
steady job----
[Laughter.]
Mr. Strickling. She will remain in Chicago. But I do want
to thank her, and I ask the members to acknowledge her, and
thank her for her sacrifice in allowing me to be considered for
this position in the Administration.
My oldest son, Taylor, is completing a year of study of
Arabic, in Morocco, and could not be here today, but my other
two sons are here. Alec Strickling, who worked as a Field
Organizer, and Deputy Field Director in the Obama campaign for
2 years, and my youngest son, Rob, is also here today, who just
finished his successful freshman campaign at Macalester
College.
Senator Warner. Can they raise their hands, so we can at
least see them?
Nice to see you guys.
Mr. Strickling. And finally, my sister, Ann Strickling is
also in attendance.
Given the size of today's panel, I ask that my longer,
prepared remarks be included in the record of today's hearing.
Senator Warner. Without objection.
Mr. Strickling. And instead, I would like to summarize my
testimony by making the following three points. First, I have
spent more than 25 years in the communications sector of the
economy. I have worked for what was one of the largest, and
most heavily regulated companies in this industry, Ameritech,
as well as a fledgling, unregulated startup, CoreExpress. I've
also had a chance to see this industry through the eyes of a
regulator, given my post at the FCC 10 years ago.
I have seen companies succeed in this industry, and I have
shared in the heartbreak of employees who have lost their jobs
when their company failed.
But even as companies come and go, there is no doubt that
the communications sector of our economy is a huge potential
source of growth and innovation, and impacts every other part
of our economy.
Advances in communication technology and products can
improve the competitiveness of all American businesses, whether
they are in healthcare, energy, or any other line of business,
and these advances create jobs.
Moreover, we must do everything we can to ensure that all
Americans have access to these modern communications services.
The Internet plays such an important day-to-day role in the
lives of so many of us, that those of our citizens who are not
connected risk being left behind, in terms of getting a modern
education, in terms of competing for high-value jobs, receiving
healthcare, and in so many other ways.
Second, Congress has entrusted NTIA with many important
responsibilities, ranging from managing the government's use of
spectrum, to Internet governance, to implementing the broadband
grant program established by the Recovery Act.
While each of these tasks is important in its own right,
NTIA should ensure that everything it does supports the
priorities of Secretary Locke and the Administration to help
the economy recover as quickly as possible, and then to support
the larger mission of the Department to promote commerce,
particularly through encouraging growth, innovation, and job
creation in this sector.
If I am confirmed, NTIA will perform its responsibilities
with clarity, common sense, and creativity, and always with the
goal of promoting our overall economy through the growth and
innovation that the communications sector can deliver.
Third, and in closing, I want to assure you that you have
my commitment that if I am confirmed, I will work with each one
of you, and members of your staff, to address the challenges
facing our technology and telecommunications sector.
Thank you, again, for the opportunity to be here today, and
I would be happy to answer any questions that you may have for
me.
Thank you very much.
[The prepared statement and biographical information of Mr.
Strickling follows:]

Prepared Statement of Lawrence E. Strickling, Assistant Secretary-
Designate of Commerce for Communications and Information,
U.S. Department of Commerce
Mr. Chairman, Senator Hutchison, and distinguished Members of the
Committee, my name is Lawrence Strickling and I am appearing before you
today as the nominee for Assistant Secretary of Commerce for
Communications and Information. Thank you for considering my nomination
and for giving me the opportunity to appear before you today to
introduce myself and answer any questions that you have for me.
I want to thank President Obama for nominating me for this position
and to thank Secretary Locke for his support of my nomination. I would
also like to take this opportunity to acknowledge and thank Anna Gomez,
Deputy Administrator at NTIA, and Senior Advisor, Mark Seifert, who
have led the agency's efforts since February. From all reports, they
have done a magnificent job with respect to the digital television
transition and the implementation of the broadband grants program
established by the American Recovery and Reinvestment Act and they both
deserve our thanks.
I have spent more than twenty-five years in the communications
sector of our economy. My first involvement was in 1983 when I was a
member of a team of lawyers assembled to advise the yet-to-be-named
Midwest Baby Bell that would be created by the break-up of AT&T in
1984. I later joined that company, by then known as Ameritech, and
served as a senior executive in the company in the law and public
policy departments, living through the industry transformation that
followed the Bell break-up and the debate and passage of the
Telecommunications Act of 1996.
In 1997, at the invitation of Chairman Reed Hundt and soon-to-be
Chairman Bill Kennard, I joined the staff of the Federal Communications
Commission to work on the Nation's transition to a more competitive
telecommunications marketplace and to develop new tools, primarily in
enforcement, to deal with the rapidly changing market conditions.
During my tenure at the Commission, where I served as Chief of the
Common Carrier Bureau, among other positions, the FCC granted the first
long distance licenses to the Bell companies--Verizon in New York and
SBC in Texas--and we made much progress in protecting consumers from
the twin scourges of ``slamming'' and ``cramming'' that became
widespread at that time.
Since 2000, I have worked for a handful of telecommunications
companies of varying sizes, each with their own product offerings and
business strategies. None survives as a stand-alone company today. I
believe these experiences with an assortment of communications
companies and my previous government service at the FCC provide me a
unique background for the position of Assistant Secretary. I have
worked for what was one of the largest and most heavily-regulated
companies in the industry, Ameritech, as well as for a fledgling
unregulated start-up, CoreExpress. I have seen companies succeed in
this industry and I have shared the heartbreak of employees who have
lost their jobs when their company failed.
The lessons I have learned from these 25 years of experience will
not surprise anyone. First, the communications sector of our economy,
as a potential source of growth and innovation, impacts every other
part of the economy. Advances in communications can improve the
competitiveness of all American businesses whether they are in health
care, energy or any other line of business. Second, this growth and
innovation is possible only if there is capital available for both
incumbents and entrepreneurs to commercialize their ideas. Obviously,
this is a particular challenge today, but government can help encourage
investment by providing a stable and predictable regulatory landscape.
Third, we must do everything we can to ensure that all Americans have
access to modern communications services. The Internet plays such an
important day-to-day role in the lives of so many of us that those of
our citizens who are not connected risk being left behind--in terms of
getting a modern education, competing for high-value jobs, receiving
health care--and in so many other ways.
Congress has entrusted NTIA with many important responsibilities,
ranging from managing the government's use of spectrum to Internet
governance to implementing the broadband grant program established by
the Recovery Act. While each of these tasks is important in its own
right, NTIA should ensure that everything it does supports the
priorities of Secretary Locke and the Administration to help the
economy recover as quickly as possible and then to support the larger
mission of the Department to promote commerce, particularly through
encouraging growth and innovation in this sector.
If I am confirmed, NTIA will perform its responsibilities with
clarity, common sense and creativity and always with the goal of
promoting our overall economy through the growth and innovation that
the communications sector can deliver.
In closing, let me once again thank you and the Committee for the
opportunity to be here today. You have my commitment that I will work
with each one of you as well as members of your staff to address the
challenges facing our technology and telecommunications sectors.
I will be happy to answer any questions you may have for me. Thank
you.
______

a. biographical information
1. Name (Include any former names or nicknames used): Lawrence
Edward Strickling.
2. Position to which nominated: Assistant Secretary of Commerce for
Communications and Information.
3. Date of Nomination: March 31, 2009.
4. Address (List current place of residence and office addresses):

Residence: Information not released to the public.

Office: None.

5. Date and Place of Birth: November 23, 1951; Takoma Park,
Maryland.
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: Sydney Lynn Hans, Professor, University of Chicago;
children: Taylor William Strickling, age 27; John Alexander
Strickling, age 24; Robert Bennett Strickling, age 19.

7. List all college and graduate degrees. Provide year and school
attended.

University of Maryland, B.A. in Economics, 1973.

Harvard Law School, J.D., 1976.

8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.

Public Liaison for Policy Groups, Office of the President-
Elect, 2008-2009.

Policy Coordinator, Obama for America, 2007-2008.

Chief Regulatory and Chief Compliance Officer, Broadwing
Communications, 2004-2007 (acquired by Level 3 Communications
in January 2007).

Senior Vice President, Industry Development, Allegiance
Telecom, 2002-2004.

Member, Board of Directors, Network Plus, Inc., 2001-2002.

Executive Vice President, General Counsel and Secretary,
CoreExpress, Inc., 2000-2001.

Federal Communications Commission, 1997-2000.

Chief, Common Carrier Bureau, 1998-2000.

Deputy Chief, Common Carrier Bureau, 1998.

Associate General Counsel and Chief, Competition
Division, 1997-98.

Ameritech, 1987-1997.

Vice President--Public Policy, 1993-1997.

Vice President and Associate General Counsel, 1991-93;
Counsel, 1987-91.

Kirkland & Ellis, 1976-87.

Partner, 1983-87.

Associate, 1976-83.

All of the positions I held from 1987 through 2007 were management
positions, except for the Network Plus board seat, and all of them, as
positions within the telecommunications sector, relate to the position
to which I have been nominated. In addition, I believe my work at
Kirkland & Ellis and on the Obama campaign and transition has provided
me additional skills and experience that will be useful to me at the
Department of Commerce if I am confirmed.
9. Attach a copy of your resume. See Attachment A.
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.

Board of Visitors, University of Maryland School of Public
Policy, 2006-present.

Board of Directors, Telecommunications Policy Research
Conference, 2001-2004.

Board of Trustees, Court Theatre, 1995-present (Chairman since
2006).

Board of Directors, Music of the Baroque, 2003-present
(Treasurer since 2006).

Board of Directors, Chicago Area Council, Boy Scouts of
America, 1992-2006 (Vice President from 1992-2006).

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.
See board positions listed in response to Question 11. The Boy
Scouts of America does restrict membership on the basis of sex (for
certain elements of its program) and sexual orientation.
In addition, I belong to but am not particularly active in the
following organizations:

University of Maryland Terrapin Club.

Maryland Gridiron Network.

Chicago Civil War Roundtable.

The Mencken Society.

Chicago Symphony Orchestra Governing Members (1996-2009).

I am also a member of the Illinois Bar.
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.

2008: Obama Victory Fund, $2,300
Lessig 08, $500
2007: Obama Exploratory Committee, $2,300
Friends of Leslie Hairston (Chicago
alderman), $500
Al Franken for Senate, $500
2006: Friends of Leslie Hairston, $500
2005: Obama for Illinois, $1,000
Friends of Leslie Hairston, $500
2004: Obama for Illinois, $2,000
John Kerry for President, $2,000
John Kerry GELAC, $2,000
Ohio Democratic Party, $4,000
Armendariz-Klein Campaign, $1,000
Friends of John McCain, $1,000
Friends of Leslie Hairston, $500
2003-04: Allegiance Telecom PAC, $2,700
2003: Obama for Illinois, $1,000
Markey for Congress Committee, $1,000
Friends of Leslie Hairston, $1,000
Citizens for Welch (Illinois Senate), $500
2002: Schmidt 2002 (Illinois Attorney General),
$2,000
2001: Richard M. Daley Campaign Committee, $500
2000: Campbell for U.S. Senate, $1,000
1999: Obama for Congress 2000, $500
1998: Tom Campbell for Congress, $1,000

As noted in response to question 8 above, I served as Policy
Coordinator for Obama for America from May 2007 through the general
election in November 2008. Additionally, in January and February 2002,
I worked on policy issues for the primary campaign of John Schmidt who
was a candidate for Illinois Attorney General.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.

University of Maryland: Phi Beta Kappa, Phi Kappa Phi, Omicron
Delta Epsilon.

Chicago Area Council, Boy Scouts of America: Silver Beaver,
District Award of Merit.

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.
See list of representative presentations, appended hereto as
Attachment B.
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 Telecommunications Subcommittee, June 1998: Slamming (the
practice of long distance companies switching consumers to
their service without the customers' consent).

Senate Permanent Subcommittee on Investigations, July 1998:
Cramming (the practice of companies billing consumers for
services they have not ordered or requested, usually through
the phone bill of the incumbent phone company).

House Telecommunications Subcommittee, September 1998:
Cramming/ Slamming.

House Telecommunications Subcommittee, June 2000: Reciprocal
Compensation (the mechanism by which an incumbent and a
competitive local exchange carrier compensate each other for a
call that traverses both's networks).

First, NTIA must implement the broadband provisions of the ARRA
as responsibly and promptly as possible.

Second, NTIA plays a central role with respect to this Nation's
spectrum and Internet policies. We must make every effort to
ensure that spectrum is available to fuel economic growth in
the United States. We must also ensure that our policies with
respect to the Internet protect and maintain the openness and
innovation that has so well-served our citizens and businesses
up to now.

Third, NTIA should revitalize its role as the advisor to the
President on communications policy.

And, in all of these activities, NTIA should perform its assigned
responsibilities with clarity, common sense and creativity.
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: None.
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.
I currently hold a number of investments in various companies in
the telecommunications industry. In connection with the nomination
process, I have consulted with the Office of Government Ethics and the
Department of Commerce'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 executed and which is appended to this questionnaire as
Attachment C. I am not aware of any other potential conflict 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 Commerce'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 executed
and which is appended to this questionnaire as Attachment C. I am not
aware of any other potential conflict 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 not engaged in any activity to directly influence the
passage, defeat or modification of any legislation except as follows:
As a member of the President-Elect's transition team, I met with Senate
staffers from several offices in January and February 2009 regarding
the broadband provisions of the recovery legislation.
Indirectly, in my role as policy coordinator on the Obama campaign,
I oversaw the work of more than twenty domestic policy committees whose
charge was to develop ideas that might eventually be adopted by the
campaign and which could form the basis of legislative proposals. In
addition, since leaving the FCC in 2000, I have returned to the
Commission a handful of times on ex parte appearances with respect to
pending regulatory matters. In each case, an appropriate notice of ex
parte contact was filed at the Commission.
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 Commerce'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 executed
and which is appended to this questionnaire as Attachment C.
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.
Yes. In September 2005, I joined with ten other Scout leaders in
Chicago in an action against the Chicago Area Council, Boy Scouts of
America and its president, pleading that the Council and president had
committed numerous violations of Illinois law and had breached
fiduciary duties owed to voting members of the Council in refusing to
allow members to vote on a properly-nominated slate of officers and
directors of the Council. In January 2006, the judge of the Circuit
Court of Cook County ruled that the Council and its president had
violated Illinois law and had breached their fiduciary duties to the
members. The Council appealed the decision to the Illinois Appellate
Court and a settlement was reached during the appeal that resulted in
the dismissal of the complaint.
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.
______

Attachment A
resume of lawrence e. strickling
Professional Experience
Public Liaison for Policy Groups, Office of the President-Elect,
2008-09.
Policy Coordinator, Obama for America, 2007-2008.

Responsible for directing the activities of 24 domestic policy
committees, made up of volunteer policy experts from across the
country. Managed the growth of the committees from a few
hundred in 2007 to around 4,500 people in the Fall of 2008.
Developed and executed strategy for the use of the groups,
starting with developing policy ideas in 2007, engaging in
policy outreach focused primarily on the battleground states
starting in Summer 2008, and participating in get-out-the-vote
activities in October and November.

In the campaign policy department, I was responsible for
technology and telecommunications issues. In that role, I
assembled and edited the campaign's policy statement on
technology policy in November 2007.

In the field, I helped organize the voter protection efforts
for the campaign for the Ohio primary, worked in the voter
protection boiler rooms in Wisconsin and Indiana, and did GOTV
in Iowa, New Hampshire and Massachusetts. On Election Day, I
worked in the Chicago boiler room monitoring Michigan.

Chief Regulatory and Chief Compliance Officer, Broadwing
Communications, 2004-2007.

Responsible for ensuring company's compliance with Federal and
state regulatory requirements and for developing and executing
its regulatory strategies. Broadwing was acquired by Level 3 in
January, 2007.

Senior Vice President, Industry Development, Allegiance Telecom,
2002-2004.

Responsible for negotiating and administering Allegiance's
interconnection relationships with other carriers in the
telecommunications industry, particularly the incumbent local
exchange carriers. Also responsible for the development and
execution of Allegiance's state regulatory strategies.
Allegiance was sold to X0 Communications out of bankruptcy in
the Summer, 2004.

Member, Board of Directors, Network Plus, Inc., 2001-2002.

Executive Vice President, General Counsel and Secretary,
CoreExpress, Inc., 2000-2001.

Responsible for the legal and regulatory affairs of the
corporation. The company was sold by its secured creditors to
Williams Communications at the end of 2001.

Federal Communications Commission, 1997-2000.

Chief, Common Carrier Bureau, 1998-2000.

Deputy Chief, Common Carrier Bureau, 1998.

Associate General Counsel and Chief, Competition Division,
1997-98.

Principal accomplishments included the following:

Competition:

Unbundling. Developed and implemented the Commission's network
element unbundling standard after the 1999 Supreme Court
decision. Developed new rules for collocation and line sharing.

Long Distance Entry. Led the review of the market-opening
activities of Verizon in New York and SBC in Texas leading to
the FCC's approval of companies' applications to provide long
distance service.

Access Reform and Deregulation. Facilitated industry
negotiations to reform and reduce interstate access charges,
adopted by the Commission as the CALLS proposal in 2000, and
led the development of the framework for streamlining the
deregulation of access charges as competition develops.

Data Collection. Directed development of the FCC local
competition report which gathers and collects authoritative
information from all carriers.

Enforcement:

Rocket Docket Complaint Process. Created and implemented a new
complaint process by which the Commission could resolve formal
complaints between carriers within 60 days.

Slamming Enforcement. Led the Bureau's efforts to step up
enforcement actions against slamming by revoking licenses and
levying the first million-dollar fines against long distance
companies that engage in this illegal practice and to develop
new rules to absolve consumers of any obligation to pay
slamming carriers for calls they wrongfully handle.

Cramming Guidelines. In response to growing consumer and
Congressional concerns about cramming, organized a workshop of
the large local exchange carriers to develop a set of voluntary
best practices to combat this new form of consumer fraud. The
guidelines were completed in 2 months, thus providing consumers
much faster action and protection than the traditional
rulemaking process would have allowed.

Congressional Testimony:

House Telecommunications Subcommittee, June 1998: Slamming.

Senate Permanent Subcommittee on Investigations, July 1998:
Cramming.

House Telecommunications Subcommittee, September 1998:
Cramming/Slamming.

House Telecommunications Subcommittee, June 2000: Reciprocal
Compensation.

Ameritech, 1987-1997.

Vice President--Public Policy, 1993-1997.

Vice President and Associate General Counsel, 1991-93; Counsel,
1987-91.

As Vice President--Public Policy, I was responsible for developing
and implementing the state and Federal regulatory and legislative
agenda for Ameritech. I supervised more than 250 employees in
regulatory and public policy, managing a budget of more than $25
million, and participating in all proceedings before the FCC and state
utility commissions. I also served on Ameritech's Asset Management
Committee, which oversaw management of the company's multi-billion
dollar pension funds, and on the Benefits Committee, which was the
final arbiter of employee claims for pension and other benefits.

Kirkland & Ellis, 1976-87.

Partner, 1983-87.

Associate, 1976-83.

At Kirkland & Ellis, I practiced in the area of general business
litigation, including environmental, antitrust, contract and tort
matters. Principal professional matters included the following:

Amoco Cadiz Oil Spill Litigation. One of Amoco's principal
trial counsel in this $700 million litigation arising from a
tanker casualty off Brittany, France. Presented Amoco's case
during a one-year trial in defense of claims of damage to the
overall marine ecosystem, examining technical experts on marine
ecology, coastal geology, oyster biology, fish population
dynamics, and oil spill cleanup.

Dow Chemical Company v. Consumers Power Company. One of Dow's
trial counsel in a $500 million fraud and breach of contract
action involving the Midland nuclear plant. Developed Dow's
case relating to misrepresentations of the project's completion
schedule.
Education
Harvard Law School, J.D., 1976.

University of Maryland, B.A. with High Honors in Economics,
1973. Phi Beta Kappa.
Professional and Civic Activities
Board of Visitors, University of Maryland School of Public
Policy, 2006-present.

Board of Directors, Telecommunications Policy Research
Conference, 2001-04.

Board of Directors, U.S. Telephone Association, 1994-96.

Co-Founder, Consortium for Research in Telecommunication
Policy, 1994-97.

Admitted to Illinois Bar, 1976.

Board of Trustees, Court Theatre, 1995-present (current Board
Chairman).

Board of Directors, Music of the Baroque, 2003-present (current
Treasurer).

Vice President, Chicago Area Council, Boy Scouts of America,
1992-2006.

Governing Member, Chicago Symphony Orchestra, 1996-2009.

Board of Directors, Chicago Children's Choir, 1993-98.
______

Attachment B
representative presentations
Panelist, Impact of Presidential Election on Telecom Sector, Stifel
Nicolaus Telecom, Media and Tech D.C. Policy Day, Washington, D.C.,
June 4, 2008.

Speaker, ``Technology, Campaigning and Governing,'' 41st KMB
Invitational Conference, St. Petersburg, Florida, May 12, 2008.

Panelist, The Changing Role of Technology in the Election Process,
FCBA Annual Seminar, Cambridge, Maryland, May 2, 2008.

Panelist, Regulatory Forum: Analysing the Impact of the Latest U.S.
Regulatory Developments on Next-Gen Networks and Services: Net
Neutrality, Capacity Magazine Next-Gen USA 2006, Denver, Colorado,
November 30, 2006.

Moderator and Panelist, 38th KMB Invitational Conference: Telecom
Customers--Their Needs, Wants and Expectations, St. Petersburg,
Florida, October 2006.

Speaker, ``Net Neutrality and Interoperability,'' Quello Center
Communication Law and Policy Symposium, Washington, D.C., April 6,
2006.

Speaker, ``How Will VoIP Be Regulated? FCC Rulings and
Proceedings,'' 2006 Telecom, Cable and Wireless Conference, University
of Texas at Austin School of Law, Austin, Texas, March 10, 2006.

Moderator, 37th KMB Invitational Conference: Making Sure that
America Maintains a World-Class Telecom Infrastructure, St. Petersburg,
Florida, March 2006.

Panelist, State and Federal Regulatory Developments, MetroConnect
USA, Miami, Florida, February 8, 2006.

Panelist, Implementing the Telecom Act: Major Common Carrier
Issues, Columbia Institute for Tele-Information and George Washington
University School of Public Policy, Washington, D.C., February 6, 2006.

Moderator and Panelist, 36th KMB Invitational Conference: The 2006
Outlook for the New Telecom Infrastructures, St. Petersburg, Florida,
September 2005.

Moderator, 35th KMB Invitational Conference: Telecom 2005, St.
Petersburg, Florida, May 2005.

Moderator and Panelist, 34th KMB Invitational Conference:
Considerations for a New Telecom Act, St. Petersburg, Florida,
September 2004.

Moderator, 33d KMB Invitational Conference: The Impact of Today's
Telecom Realities on Regulatory Policies and an Evolving Industry, St.
Petersburg, Florida, May 2004.

Participant, Quello Center Workshop on Making U.S.
Telecommunications Policy, Michigan State University, East Lansing,
Michigan, October 27-28, 2003.

Moderator and Panelist, 32d KMB Invitational Conference: Telecom
Complexities, St. Petersburg, Florida, September 2003.

Panelist, FCC Triennial Review, Mid-America Regulatory Conference,
Omaha, Nebraska, June 10, 2003.

Moderator and Panelist, 31st KMB Invitational Conference: Managing
and Advancing Telecommunications Services, St. Petersburg, Florida, May
6, 2003.

Panelist, ALTS 2003 Annual Meeting and Strategy Conference,
Arlington, Virginia, April 30, 2003.

Panelist, Current State of Incumbent-CLEC Relations, NARUC Annual
Convention, Chicago, Illinois, November 2002.

Moderator and Panelist, 30th KMB Invitational Conference: What
Comes After the Telecom Turmoil, St. Petersburg, Florida, October 8,
2002.

Panelist, 29th KMB Invitational Conference: The Role of
Telecommunications in a New Environment: The Economy, National Security
and Competition, St. Petersburg, Florida, April 23, 2002.

Keynote Speaker, Kaufman Brothers Emerging Telecom Conference, New
York, New York, October 15, 2001.

Moderator, Debate on Regulation of Advanced Services, 28th KMB
Invitational Conference: Competition, Regulation, Enforcement and
Survival, St. Petersburg, Florida, October 2001.

Panelist, 27th KMB Invitational Conference: Managing the Telecom
Transition, St. Petersburg, Florida, April 2001.

Speaker, Illinois Telecommunications Symposium, Kellogg Graduate
School of Management, Evanston, Illinois, December 13, 2000.

Panelist, Columbia Institute for Tele-Information Conference:
Setting the Telecommunications Agenda, New York, New York, November 3,
2000.

Speaker, ``Strategic Implications of Upcoming FCC Actions,'' ALTS
Executive Summit, Chicago, Illinois, October 27, 2000.

Panelist, 26th KMB Invitational Conference, 2001 Technological
Advances, Telecom Structures and Regulatory Policies, St. Petersburg,
Florida, October 2000.

Speaker, ``The Changing Role of Federal Regulation of
Telecommunications,'' Indiana Bar Association, Merrillville, Indiana,
September 22, 2000.

Panelist, The Federal Role in a Changing Regulatory Environment,
Mid-America Regulatory Commissioners Annual Meeting, St. Louis,
Missouri, June 13, 2000.

Speaker, ``The Regulatory View from Washington,'' Illinois
Telecommunications Association Annual Convention, Osage Beach,
Missouri, June 12, 2000.

Speaker, Hoexter's Broadband Retreat, Merrill Lynch Emerging
Broadband Group, Scottsdale, Arizona, June 5, 2000.

Panelist, ``Building the Bridges Bureau by Bureau,'' FCBA Annual
Seminar, Nemacolin, Pennsylvania, May 13, 2000.

Panelist, National Cable Television Association Annual Convention,
New Orleans, Louisiana, May 9, 2000.

Panelist, 25th KMB Invitational Conference, Managing the Telecom
Transition, St. Petersburg, Florida, April 2000.

Speaker, Practising Law Institute Conference, Telecommunications
Convergence: Implications for the Industry and for the Practicing
Lawyer, New York, New York, March 17, 2000.

Speaker, ``Common Carrier Tutorial,'' 17th Annual PLI/FCBA
Conference, Washington, D.C., December 9, 1999.

Panelist, ``Toward a National Broadband Policy in
Telecommunications,'' 31st Annual Williamsburg Conference, Institute of
Public Utilities and Network Industries, Michigan State University,
Williamsburg, Virginia, December 8, 1999.

Keynote Speaker, Regulatory Sunday, United States Telephone
Association 102d Annual Convention, San Francisco, California, October
17, 1999.

Panelist, ``FCC Bureau Chief Perspectives,'' FCBA and Georgetown
Law Center Conference: The FCC in 2000: Hot Topics for the New
Millennium, Washington, D.C., October 5, 1999.

Panelist, 24th KMB Invitational Conference: Telecom Policies for
the New Century, Can Massive Changes Be Harmonized?, St. Petersburg,
Florida, October 1999.

Keynote Speaker, London Business School Regulation Initiative
Conference, Local Loop Unbundling: For Whom and At What Price? London,
England, June 14, 1999.

Panelist, FCC Bureau Chiefs Discussion, FCBA Annual Seminar,
Hershey, Pennsylvania, May 7, 1999.

Panelist, 23d KMB Invitational Conference: Telecommunication Policy
Requisite for the 21st Century, St. Petersburg, Florida, April 1999.

Speaker, Center for the New West Conference, America's Growing
Digital Divide, Washington, D.C., February 17, 1999.

Panelist, Economic Strategy Institute Conference: America's
Broadband Future, Washington, D.C., February 3, 1999.

Panelist, George Mason University Workshop on Trust and the
Internet, Washington, D.C., January 14, 1999.

Panelist, ``A Conversation with the FCC Bureau Chiefs,'' 16th
Annual PLI/FCBA Conference, Washington, D.C., December 10, 1998.

Panelist, ``The Impacts of Next Generation Internet on Competition
and Regulation in the Information Industry,'' 30th Annual Williamsburg
Conference, Institute of Public Utilities and Network Industries,
Michigan State University, Williamsburg, Virginia, December 9, 1998.

Speaker, ``Integration of Business and Political Strategies,''
University of California, Berkeley, Conference on the Positive
Political Theory of Business Strategy, Marconi Conference Center,
Marshall, California, October 16, 1998.

Panelist, Section 706 of the Telecommunications Act, Regulatory
Sunday, United States Telephone Association 101st Annual Convention,
Philadelphia, Pennsylvania, October 11, 1998.

Panelist, 22d KMB Invitational Conference: The Outlook for
Universal Service, Local Competition and E-Rates, St. Petersburg,
Florida, September 1998.

Panelist, Competition Enforcement and Future Challenges to
Regulation, 40th NARUC Annual Regulatory Studies Program, Michigan
State University, East Lansing, Michigan, August 1998.

Speaker, ``A New Model for Deregulation,'' National Economic
Research Associates Antitrust and Trade Regulation Seminar, Santa Fe,
New Mexico, July 10, 1998.

Panelist and Commentator, Fourth Annual Conference of the
Consortium for Research on Telecommunications Policy and Strategy,
University of Michigan Business School, Ann Arbor, Michigan, June 1998.

Panelist, 21st KMB Invitational Conference: Competition and
Regulation in the Era of Telecom Mergers and Acquisitions, St.
Petersburg, Florida, April 1998.

Speaker, Alliance for Public Technology Conference on Advanced
Telecom Services, Washington, D.C., February 27, 1998.

Speaker, ``Evaluating and Enforcing Telecommunications
Competition,'' 29th Annual Williamsburg Conference, Institute of Public
Utilities and Network Industries, Michigan State University,
Williamsburg, Virginia, December 4, 1997.

Plenary Speaker, ``Competition and Access Networks--What's Really
Happening,'' 1998 Broadband Access ComForum, Orlando, Florida, March
30, 1998.

Speaker, ``A View from the FCC,'' Bell Atlantic Industry Services
Fall Conference, Williamsburg, Virginia, October 30, 1997.

October 28, 1997, Speaker, ``Local Competition Enforcement,'' 20th
KMB Invitational Conference, St. Petersburg, Florida.

In addition, over the years, I have appeared on a number of
videotapes produced by the KMB Video Journal. Most of those appearances
have been on programs summarizing the various KMB conferences. I have
also appeared on separate programs addressing specific
telecommunications issues, such as ``The FCC Anti-Slamming Rules''
(1999), ``Line Sharing: Problems and Opportunities'' (2000), ``The U.S.
Supreme Court, Participation in Telecom Policies'' (2001), and ``The
Regulatory Issues by the Triennial Order'' (2003), to name a few.
______

Attachment C
Ms. Barbara S. Fredericks,
Assistant General Counsel for Administration,
U.S. Department of Commerce,
Washington, DC.

Dear Ms. Fredericks:

The purpose of this letter is to describe the steps that I will
take to avoid any actual or apparent conflict of interest in the event
that I am confirmed for and appointed to the position of Assistant
Secretary for Communications and Information, National
Telecommunications and Information Administration, U.S. Department of
Commerce.
As required by 18 U.S.C. 208(a), I will not participate
personally and substantially in any particular matter that has a direct
and predictable effect on my financial interests or those of any person
whose interests are imputed to me, unless I first obtain a written
waiver, pursuant to 18 U.S.C, 208(b)(1), or qualify for a regulatory
exemption, pursuant to 18 U.S.C. 208(b)(2). I understand that the
interests of the following persons are imputed to me: any spouse or
minor child of mine; any general partner of a partnership in which I am
a limited or general partner; any organization in which I serve as
officer, director, trustee, general partner or employee; and any person
or organization with which I am negotiating or have an arrangement
concerning prospective employment.
Within 90 days of my confirmation, my spouse and I, our dependent
children, and the Lawrence E. Strickling Trust will divest our
interests in the following entities: AT&T, Inc.; Clearwire Corporation;
Comcast; Cisco Systems, Inc.; France Telecom; General Electric Co.;
Hewlett Packard Co.; IBM Corp.; Intel Corp.; Level 3 Communications;
Verizon Communications, Inc.; McGraw Hill Companies, Inc.; Microsoft
Corporation; and Walt Disney Co. With regard to each of these entities,
I will not participate personally and substantially in any particular
matter that has a direct and predictable effect on the financial
interests of the entity until I have divested it, unless I first obtain
a written waiver, pursuant to 18 U.S.C. 208(b)(1), or qualify for a
regulatory exemption, pursuant to 18 U.S.C. 208(b)(2).
I will divest my interests in the Campbell Strategic Allocation
Fund; Mesirow Large Cap Value Fund; and Mesirow Small Cap Value Fund,
within 90 days of my confirmation. Until I have completed these
divestitures, I will not participate personally and substantially in
any particular matter that has a direct and predictable effect on the
financial interests of any holding of these funds, unless I first
obtain a written waiver, pursuant to 18 U.S.C. 208(b)(1), or qualify
for a regulatory exemption, pursuant to 18 U.S.C. 208(b)(2).
I have been advised that the duties of the position of Assistant
Secretary are not likely to involve particular matters affecting the
financial interests of the following entities: Abbott Laboratories;
American Express Company; Bank of America Corporation; BP P.L.C.;
Bristol-Myers Squibb Co.; Chubb Corporation; Citigroup, Inc.; EI DuPont
de Nemours & Co.; Eli Lilly & Co.; Exxon Mobil Corp.; Johnson &
Johnson; JP Morgan Chase & Co.; Kimberly Clark Corp.; Kraft Foods,
Inc.; Merck & Co., Inc.; Oracle Corp.; Pepsico, Inc.; Procter & Gamble,
Co.; Schlumberger Limited; Under Armour, Inc.; and Yum Brands, Inc. The
Department of Commerce determined that it is not necessary at this time
for me to divest my interests in these entities in order to
appropriately perform the duties of my position because the likelihood
that my duties will involve any such matter is remote. Accordingly, I
will retain these holdings and will not participate personally and
substantially in any particular matter that has a direct and
predictable effect on the financial interests of any of these entities,
unless I first obtain a written waiver, pursuant to 18 U.S.C.
208(b)(1), or qualify for a regulatory exemption, pursuant to 18 U.S.C.
208(b)(2).
With respect to my other assets in which I have a financial
interest, including stock holdings and mutual fund holdings,
disqualification is not presently required because of the applicability
of a regulatory exemption under 18 U.S.C. 208(b)(2). I will monitor
the value of those interests and if the aggregate value of interests
affected by a particular matter increases and exceeds the de minimis
threshold, I will not participate in the particular matter, unless I
first obtain a written waiver under 18 U.S.C. 208(b)(1).
My spouse is a professor at the University of Chicago, a position
for which she receives a fixed annual salary. I will not participate
personally and substantially in any particular matter that has a direct
and predictable effect on my spouse's compensation or employment with
the University, unless I first obtain a written waiver, pursuant to 18
U.S.C. 208(b)(1), or qualify for a regulatory exemption, pursuant to
18 U.S.C. 208(b)(2). In addition, for as long as my spouse continues
to be employed with the University of Chicago, I will not participate
personally and substantially in any particular matter involving
specific parties in which the University is a party or represents a
party, unless I am first authorized to participate under 5 C.F.R.
2635.502(d).
Upon confirmation, I will resign from positions I currently hold
with the following organizations:

Court Theatre

Music of the Baroque

University of Maryland, School of Public Policy

For a period of one year after my resignation, I will not
participate personally and substantially in any particular matter
involving specific parties in which any of the following organizations
is a party or represents a party, unless I am first authorized to
participate, pursuant to 5 C.F.R. 2635.502(d):

Court Theatre

Music of the Baroque

I will retain my position as a trustee of the Lawrence E.
Strickling Trust. I will not receive any fees for the services that I
provide as a trustee during my appointment to the position of Assistant
Secretary. I will not participate personally and substantially in any
particular matter that has a direct and predictable effect on the
financial interests of the trust, unless I first obtain a written
waiver, pursuant to 18 U.S.C. 208(b)(1), or qualify for a regulatory
exemption, pursuant to 18 U.S.C. 208(b)(2).
Sincerely,
Lawrence E. Strickling

Senator Warner. Thank you, Mr. Strickling.
As somebody who has spent 20 years in the telecom sector
before I also made the transition to government, I can't think
of a more critical position than yours. It's an area where
we've got to make sure we get things right.
Mr. Porcari?

STATEMENT OF JOHN PORCARI, DEPUTY SECRETARY-DESIGNATE, U.S.
DEPARTMENT OF TRANSPORTATION

Mr. Porcari. Mr. Chairman, Ranking Member Hutchison, and
Members of the Committee, it's both a personal and professional
honor to have been nominated by the President for the position
of Deputy Secretary of the United States Department of
Transportation, and to appear before you today. If confirmed, I
pledge to you that I will work enthusiastically and diligently
every day, to support Secretary LaHood, and the talented
professionals at the Department of Transportation.
With your permission, I'd like to introduce my wife, Heidi,
my children, Emily, James, Anna, John and Julia--they are back
there----
Senator Warner. Hands, guys. Raise your hands, guys, let's
see you.
Senator Lautenberg. Let us see you.
Senator Warner. All right.
Mr. Porcari. My dad, Jim, and his wife, Nancy; my sister,
Lieutenant Commander Jenny Keough; my brother Jim and his wife,
Vicky; my brother, Charles and his wife, Jennifer; and my
cousin, Lieutenant Colonel Van Opdorp.
The Department's mission of ensuring the safe and efficient
movement of people and goods has never been more important than
it is today. Safety has been--and must continue to be, the top
priority of the Department. In addition, virtually every
element of our transportation system faces daunting capacity
constraints. Our transportation system is essential to the
long-term prosperity of the United States, and must also play a
key role in advancing important policy goals, such as livable
communities, energy conservation, and climate change.
We also face unprecedented challenges in maintaining our
existing infrastructure, while simultaneously building a true,
multi-modal transportation system that will serve the varied
needs of our communities. I'm confident that, together, we have
the abilities to successfully address these challenges. If
confirmed, I look forward to working with Secretary LaHood, and
the excellent team that he has assembled.
Having served two tours at a state level in Maryland DOT
from 1999 to 2003 and 2007 to today, I've had the opportunity
to manage an agency that uniquely incorporates all of the
transportation modes under one roof--highways, transit,
aviation, maritime commerce, passenger and freight rail, as
well as a toll authority and motor vehicle administration. I
have a keen sense of why we must have a balanced transportation
system that meets the Nation's diverse needs.
The large, complex public organizations that I've had the
honor to serve in have provided me with the management,
teamwork, and leadership skills necessary to support the
Administration, Secretary LaHood, and the Department.
Having completed significant projects like the Woodrow
Wilson Bridge, major terminal improvements at BWI Thurgood
Marshall Airport, light rail, subway, and commuter rail
projects, and new facilities for the Port of Baltimore, I
understand the imperative of delivering projects, on-time, and
on-budget.
Likewise, the financial, human resources, procurement, and
administrative challenges of the Department are ones that I
bring a hands-on perspective to.
We must relentlessly focus on safety, accountability, and
transparency, while at the same time encouraging innovation and
collaboration. We must also coordinate with other Federal
agencies and departments.
Mr. Chairman, you, the members of the Committee, and staff
have my commitment that I will work closely with you on our
mutual goal of preserving and enhancing America's
transportation system, one of the keystones to our quality of
life.
I will be pleased to answer any questions, and thank you
for your consideration of my nomination.
[The prepared statement and biographical information of Mr.
Porcari follows:]

Prepared Statement of John Porcari, Deputy Secretary-Designate,
U.S. Department of Transportation
Mr. Chairman, Ranking Member Hutchison, and members of the
Committee: It is both a personal and professional honor to have been
nominated by the President for the position of Deputy Secretary of the
United States Department of Transportation and to appear before you
today.
If confirmed, I pledge to you that I will work enthusiastically and
diligently every day to support Secretary LaHood and the talented
professionals of the Department of Transportation.
I would like to introduce my wife, Heidi; my children, Emily,
James, Anna, John, and Julia; my Dad, Jim and his wife, Nancy; my
sister, Lieutenant Commander Jinny Keough; my brother, Jim and his
wife, Vicky; my brother, Charles and his wife, Jennifer; and my cousin,
Lieutenant Colonel Van Opdorp.
The Department's mission of ensuring the safe and efficient
movement of people and goods has never been more important than it is
today. Safety has been, and must continue to be, the top priority of
the Department. In addition, virtually every element of our
transportation system faces daunting capacity constraints. Our
transportation system is essential to the long-term prosperity of the
United States and must also play a key role in advancing important
policy goals such as livable communities, energy conservation and
climate change. We also face unprecedented challenges in maintaining
our existing infrastructure while simultaneously building a true multi-
modal transportation system that will serve the varied needs of our
communities. I am confident that, together, we have the ability to
successfully address these challenges. If confirmed, I look forward to
working with Secretary LaHood and the excellent team that he has
assembled.
Having served two tours at a state-level in Maryland DOT from 1999-
2003 and 2007 until today, I have had the opportunity to manage an
agency that uniquely incorporates all of the transportation modes under
one roof--highways, transit, aviation, maritime commerce, passenger and
freight rail, as well as a toll authority and motor vehicle
administration. I have a keen sense of why we must have a balanced
transportation system that meets the Nation's diverse needs. The large,
complex public organizations that I have had the honor to serve in have
provided me with the management, teamwork and leadership skills
necessary to support the Administration, Secretary LaHood and the
Department. Having completed significant highway projects like the
Woodrow Wilson bridge replacement, major terminal improvements to BWI
Thurgood Marshall airport, light rail, subway and commuter rail
projects for the Maryland Transit Administration and new facilities for
the Port of Baltimore, I understand the imperative of delivering
projects on-time, on-budget. Likewise, the financial, human resources,
procurement and administrative challenges of the department are ones
that I bring a hands-on perspective to.
We must relentlessly focus on safety, accountability and
transparency, while at the same time encourage innovation and
collaboration. We must also coordinate with other Federal agencies and
departments.
Mr. Chairman, you, the members of the Committee and staff have my
commitment that I will work closely with you on our mutual goal of
preserving and enhancing America's transportation system, one of the
keystones of our quality of life.
I would be pleased to answer any questions. Thank you for your
consideration of my nomination.
______

a. biographical information
1. Name (Include any former names or nicknames used): John Davis
Porcari.
2. Position to which nominated: Deputy Secretary, United States
Department of Transportation.
3. Date of Nomination: 4/27/09.
4. Address (List current place of residence and office addresses):

Residence: Information not released to the public.

Office: 7201 Corporate Center Drive, P.O. Box 548, Hanover, MD
21076.

5. Date and Place of Birth: 12/14/58; Rochester, New York.
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: Heidi Uhlenhake Porcari, teacher, St. Ambrose School,
Cheverly, Maryland; children: Emily Ada Porcari, 20; James
David Porcari, 15; Anna Katherine Porcari, 13; John Abijah
Porcari, 10; Julia Kocher Porcari, 8.

7. List all college and graduate degrees. Provide year and school
attended.

Bachelor of Arts, University of Dayton, Dayton, Ohio, 1981.

Masters of Public Administration, Rockefeller College of Public
Affairs and Policy, State University of New York at Albany,
1985.

8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Secretary, Maryland Department of Transportation, 2007-present.

Direct activities of 9,300-employee department, encompassing
transit, highway, aviation, port, bridge and tunnel authority
and motor vehicle administration modes. $3.2 billion annual
budget. Implemented transportation provisions of American
Recovery and Reinvestment Act; Maryland had first ARRA project
in U.S. under construction.

Formulated and implemented comprehensive program for Transit-
Oriented Development and Smart Growth policies related to
transportation. Chair newly-formed Climate Change Steering
Committee for American Association of State Highway and
Transportation Officials.

Vice President for Administrative Affairs, University of Maryland,
2003-2007.

Served as Chief Administrative and Financial Officer. Campus
included over 35,000 students, daytime population of 53,000, 12
million square feet of space, annual research budget of over
$400 million. Duties included formulation and execution of $1.3
billion annual operating budget; responsibility for
procurement, human resources, construction, public safety,
public/private real estate ventures.

Secretary, Maryland Department of Transportation, 1999-2003.

Duties included overall responsibility for conception and
execution of multi-modal transportation strategy for state,
including highways, transit, Port of Baltimore, Baltimore/
Washington International Thurgood Marshall Airport, bridge and
tunnel authority and motor vehicle administration. Transformed
capital program by requiring consistency with Smart Growth
principles; directed state transportation response to events of
September 11; led formulation of strategic plan for doubling
transit ridership.

Deputy Secretary, Maryland Department of Transportation, 1997-1998.

Served as Chief Operating Officer for department. Supervised
capital and operating budgets, planning, Federal and state
relations, fair practices, legal, human resources, internal
audit functions.

Vice President, Loiederman Associates, Inc., Rockville, MD, 1996-
1997.

Managed multi-disciplinary team for civil engineering and land
use planning firm. Served as Principal-in-Charge of firm's
environmental services section.

Governor's Ombudsman, Assistant Secretary for Economic Development
Policy, Maryland Department of Business and Economic Development, 1995-
1996.

Coordinated specific economic development projects at direction
of Governor, including negotiator and state project manager for
Redskins NFL stadium, establishment of Institute of Human
Virology, established Cabinet-level working group to accelerate
road, school, higher education and other infrastructure
projects needed as a result of Base Realignment and Closure
(BRAC) process.

Development Manager, Office of the County Executive, Prince
George's County, MD, 1987-1995.

Served as County's project manager on selected public and private
economic development projects.

Environmental Planner, Prince George's County, MD, 1986-1987.

Responsible for County's 10-year Water and Sewerage Plan.
Assisted with development of Chesapeake Bay Critical Area
Program.

Manager, WaldenBooks, San Francisco, CA, 1982-1983.

Field Canvasser, California Public Interest Research Group
(CALPIRG), Berkeley, CA, 1982.

Laborer, Mark IV Construction Company, Rochester, NY, 1981-1982.

9. Attach a copy of your resume. See Attachment A.
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.

Honorary Squadron Commander, 89th Logistics Group, Andrews Air
Force Base, 1999-present.

Chair of Maryland Port and Aviation Commissions, and Maryland
Transportation Authority as noted in #11 below, 1999-2003,
2007-present.

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.

Board of Directors, World Trade Center Institute, 1999-2003,
2007-present.

Board of Directors, American Association of State Highway and
Transportation Officials (AASHTO), 1999-2003, 2007-present;
Chair, Standing Committee on Aviation, 2007-present, Chair,
Climate Change Steering Committee, 2008-present.

Board of Directors, American Public Transportation Association,
2007-present.

Board of Visitors, Maryland Institute of Emergency Medical
Services (Shock Trauma), 2007-present.

Board of Directors, National Aquarium in Baltimore, 1998-2006.

Secretary/Treasurer, National Aquarium Society, Washington,
D.C., 2005-2007.

Board of Advisors, Maryland Transportation Institute,
University of Maryland, 2008-present.

Chairman, Maryland Aviation Commission, (statutory role as
Secretary), 1999-2003, 2007-present.

Chairman, Maryland Port Commission, (statutory role as
Secretary), 1999-2003, 2007-present.

Chairman, Maryland Transportation Authority, (statutory role as
Secretary), 1999-2003, 2007-present.

Ex-officio Board Member, Maryland Highway Safety Foundation,
2008-present.

American Council of Young Political Leaders, 1997-2006.

Leadership Maryland, Maryland Chamber of Commerce, 1995-
present.

None of these organizations restrict membership based on 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: 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.

Kathleen Kennedy Townsend for Governor: $1,000, 2002.

Friends of Mike Busch $500, 2003.

Student Citizens Action Network $600, 2003.

Delegate (elected), Democratic National Convention, 2004.

Volunteer, O'Malley for Governor campaign, 2006.

Volunteer, Obama for President campaign, 2008.

Volunteer, Obama Transportation Policy Group, 2008.

15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.

Graduate Fellowship, New York Sea Grant Institute, 1984-85.

New York State Regents Scholarship, 1977.

Participant in National Journal's weekly ``Transportation
Expert'' blog, 2008-present.

``Secretary's Message,'' Motor Vehicle Administration
newsletter, monthly 1999-2003, 2007-present.

``Secretary's Message,'' State Highway Administration
``Maryland Roads'' newsletter (monthly), 1999-2003, 2007-
present.

``Secretary's Message,'' The MBE Times Newsletter (MDOT Office
of Minority Business Enterprise publication), March, 2008.

``Secretary's Message,'' Port of Baltimore magazine
(quarterly), 1999-2003, 2007-present.

``Secretary's Message,'' Maryland Transit Administration
newsletter (monthly), 1999-2003, 2007-present.

``Supporting America's Economic Recovery: Maryland's Strategy
to Stimulate the Economy and Protect Jobs Through
Transportation Investment'' (MDOT home page web message),
March, 2009.

``Cost Recovery Efforts Proposed for Maryland's Toll
Facilities,'' January 2009.

Letter to the Editor, Washington Post (southern Maryland
edition), regarding safety of Thomas Johnson bridge, May, 22,
2008.

Letter to the Editor, Washington Post, response to Secretary
Mary Peters' op-ed, August 21, 2007.

Outlook Section, Washington Post, op-ed on Maryland's
commitment to dedicated funding for WMATA, April 16, 2007.

``Voluntary Interstate Shellfish Sanitation Agreements: Their
Effectiveness in Protecting Public Health'' by Edith Baumel and
John Porcari, Rockefeller Institute, 1985.

I have given hundreds of speeches in my capacity as MDOT Secretary.
Typically, this numbers approximately 2-5 per week. Many have been
impromptu, unscripted remarks on various topics. Others, usually given
before larger business groups, community groups, industry associations
and professional gatherings, would include prepared remarks. The most
common topics for these speeches were various transportation issues,
policy initiatives, project-specific information, planning, land use,
public administration and other topics.
Some of the more significant speeches included: transportation
revenue needs and options at the state level; opportunities for
increased maritime goods movement coupled with rail freight
improvements; building an integrated aviation system that includes
scheduled regional air service; comprehensively addressing aging
infrastructure issues; and the role of transit in a balanced
transportation system. I have copies of only the most recent of these
speeches and would be happy to provide the Committee with them if
requested.
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.

House Committee on Transportation and Infrastructure,
Subcommittee on Highways and Transit (on behalf of American
Association of State Highway and Transportation Officials):
``Energy Reduction and Environmental Sustainability in Surface
Transportation'', January 27, 2009.

House Committee on Transportation and Infrastructure (on behalf
of American Association of State Highway and Transportation
Officials): ``Investing in Infrastructure: The Road to
Recovery,'' October 29, 2008.

Senate Commerce, Science and Transportation Committee (on
behalf of American Association of State Highway and
Transportation Officials): ``Climate Change Impacts on the
Transportation Sector,'' June 24, 2008.

House Subcommittee on Coast Guard and Maritime Transportation,
Hearing on Transportation Workers Identification Credential
(TWIC), January 23, 2008.

Senate Committee on Banking, Housing and Urban Affairs,
Subcommittee on Housing and Transportation: ``TEA-21: A
Lifeline for America's Citizens,'' July 17, 2002.

1. The most immediate challenge is to ensure that
transportation funding provided to the States by the American
Recovery and Reinvestment Act is spent carefully, transparently
and responsibly.

2. Large, complex programmatic priorities such as the NextGen
air traffic control system must be delivered on time and on
budget.

3. The Department needs to align its priorities and its
structure to meet new challenges by working across modal lines
for the most efficient and effective movement of people and
goods. In addition, a higher level of collaboration and
partnership with other Federal agencies and departments will
advance environmental and economic development goals.
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.

T. Rowe Price 401(k) Retirement account; Maryland State
Retirement Plan 401(k); Maryland State Retirement Plan 401(a);
Maryland State Retirement Plan 457(b); Maryland State
Retirement Plan (defined benefit plan); eligibility begins at
age 62.

2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain: No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
ethics official to identify potential conflicts of interest. Any
potential conflicts of interest will be resolved in accordance with the
terms of an ethics agreement that I have entered into with the
Department's designated agency ethics official and that has been
provided to this Committee. I am not aware of any other potential
conflicts of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
ethics official to identify potential conflicts of interest. Any
potential conflicts of interest will 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.
In my capacities as Maryland DOT Secretary and Vice President of
the University of Maryland, I have advocated for policies and
legislation at the Federal, state and local levels. All activities were
on behalf of these public institutions.
As MDOT Secretary, I have advocated for increased transit funding,
highway funding equity for donor states, adequate Amtrak funding and
specific transportation projects for the State of Maryland. I have also
testified before Congress on specific topics such as: energy reduction
and environmental sustainability in surface transportation; investing
in infrastructure during an economic recession; climate change impacts
on the transportation sector; implementation issues associated with the
Transportation Worker Identification Credential (TWIC); and the
importance of the Jobs Access/Reverse Commute (JARC) program.
At the University of Maryland, I advocated for increased funding
for basic research in America and for specific programs and research
projects for the university.
I also volunteered on the Obama Transportation Policy Group in
2008, which developed policy positions on the status of the Highway
Trust Fund, high speed rail, freight and goods movement, and other
topics.
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.
As the Maryland Secretary of Transportation, I have been named in a
number of lawsuits. These are listed in Attachment B. In addition,
there are two cases against MDOT in which I am not named but that
include claims about my actions as Secretary. The case of Jacqueline
Jones v. MDOT concerned the termination of Ms. Jones from her at-will
position, which she claimed was in retaliation for her work in the
Office of Fair Practices under the prior MDOT Secretary. MDOT prevailed
at the administrative hearing level, as well as in Baltimore City
Circuit court, and the case is now pending on appeal. (Maryland Court
of Special Appeals, Sept. 2007 Term, No. 2847).
In Greg Maddalone v. MDOT, Mr. Maddalone alleged that I fired him
in January 2007 from his at-will position as an Office of Engineering,
Procurement and Emergency Services (OEPES) Administrator because of his
political affiliation. I have maintained that I terminated him after I
became Secretary because he was not the most qualified person for his
job in emergency management. The Administrative Law Judge (AU) found in
Maddalone's favor, and the Anne Arundel Circuit Court affirmed the
All's decision. Currently, the MDOT appeal to the Maryland Court of
Special Appeals is pending. (Maryland Court of Special Appeals, Sept.
Term 2008, No. 328). In October 2007, Maddalone was reinstated at
OEPES, but he was terminated shortly thereafter. Maddalone filed a
second case with the Office of Administrative Hearings alleging that
this termination violated his First Amendment rights. MDOT prevailed.
The Al found that I had used my authority legitimately and that there
was no evidence that Maddalone was qualified for the position.
Maddalone did not appeal this decision (Office of Administrative
Hearings, THRS-MDOT-09-07-41664).
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain.
Please see the relevant cases in my response to question #3 above
and in Attachment B. I am not aware of any other accusations on these
bases.
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.
______

attachment a
resume of john davis porcari
Secretary, Maryland Department of Transportation (January 2007-
present).

MDOT includes integrated highway, transit, aviation, port,
bridge and tunnel authority and motor vehicle administration
components; 9,300 employees, $3.2 billion annual budget. MDOT
is responsible for 16,000 lane miles of highways, 2,500
bridges; 112 transit stations, 500,000 bus trips and 290,000
heavy rail trips per day; largest Ro/Ro port in Nation, 127,000
cruise passengers per year; 21 million air passengers per year;
12.5 million motor vehicle administration transactions per
year; 120 million toll transactions/year.

Emphasis areas include formulation and implementation of a
comprehensive program for Transit-Oriented Development and
Smart Growth policies related to transportation. Support
integration of land use planning and transportation through
Governor's Smart Growth subcabinet, Climate Change committee
and livable communities initiatives throughout the department.

Vice President for Administrative Affairs, University of Maryland
(January 2003-January 2007).

Served as Chief Administrative Officer and Chief Financial
Officer for University of Maryland, flagship campus of
University System of Maryland. Campus includes over 35,000
students, 260 major buildings, 12 million square feet of space,
a daytime population of 53,000 and an annual sponsored research
budget exceeding $400 million. Duties include formulation and
execution of $1.3 billion annual operating budget;
responsibility for procurement; human resources; public safety;
planning, design and construction of facilities; operation and
maintenance of campus buildings; environmental safety and
public/private real estate ventures.

Secretary, Maryland Department of Transportation (January 1999-
January 2003).

Duties included overall responsibility for conception and
execution of multi-modal transportation strategy for the State
of Maryland, including highways, transit, Port of Baltimore,
Baltimore/Washington International Thurgood Marshall airport,
bridge and tunnel authority and motor vehicle administration.
Department included over 9,700 employees and annual
departmental budget of approximately $2.2 billion. As
Secretary, also served as Chairman of Maryland Aviation
Administration, Maryland Port Commission and Maryland
Transportation Authority.

Deputy Secretary, Maryland Department of Transportation (March
1997-December 1998).

Served as Chief Operating Officer for department encompassing
five transportation modes (highways, transit, aviation, port,
motor vehicles) and one independent bridge and tunnel
authority. Responsible for internal activities of department,
including capital and operating budgets, planning, Federal and
state relations, audits, fair practices, legal, human
resources. Instituted department-wide reorganizations to
streamline service delivery. Supervised specific capital
projects to ensure delivery on time and budget.

Vice President, Loiederman Associates, Inc., Rockville, MD (May
1996-March 1997).

Managed multi-disciplinary team for civil engineering, land use
and consulting firm. Clients included private sector
developers, Washington Metropolitan Area Transit Authority,
Montgomery and Prince George's County governments, PEPCO,
Washington Suburban Sanitary Commission, State of Maryland.
Served as Principal in Charge of firm's environmental services
section, providing wetlands, forest delineation, storm water
management and environmental monitoring.

Governor's Ombudsman, Assistant Secretary for Economic Development
Policy, Maryland Department of Business and Economic Development
(January 1995-May 1996).

Coordinated specific economic development projects at the
direction of the Governor. Examples included: negotiator and
State's Project Manager for Redskins NFL stadium; establishment
of Institute of Human Virology at University of Maryland at
Baltimore; establishment and management of cabinet-level
working group to accelerate road, school, airport and other
infrastructure improvements in southern Maryland to accommodate
rapid growth of Patuxent River Naval Air Station.

Development Manager, Office of the County Executive, Prince
George's County, MD (December 1987-January 1995).

Advised County Executive on business and economic development
matters. Served as County's Ombudsman/Project Manager on
selected large-scale public and private development projects.

Environmental Planner, Department of Environmental Resources,
Prince George's County, MD (March 1986-December 1987).

Responsible for County 10-year Water and Sewerage Plan.
Assisted with Chesapeake Bay Critical Area program
implementation and assumption by DER of stormwater management
responsibilities.

Graduate Fellowship (1984-85).

New York Sea Grant Institute. Conducted public policy research
related to oceans and Great Lakes. Co-authored paper
``Voluntary Interstate Shellfish Sanitation Agreements: Their
Effectiveness in Protecting Public Health'', published by
Rockefeller Institute, 1985.

Manager, Waldenbooks (1982-83), San Francisco, California.

Field Canvasser (1982), California Public Interest Research Group
(CALPIRG), Berkeley, California.
Education
(December 1985), Nelson A. Rockefeller College of Public
Affairs and Policy, State University of New York at Albany,
Masters of Public Administration.

(1981), University of Dayton, Dayton, Ohio, Bachelor of Arts,
Political Science.
Personal
Married to Heidi Uhlenhake Porcari; five children (Emily, 20;
James, 15; Anna, 13; Johnny, 9; Julia, 8).
Other
Chair, Standing Committee on Aviation, American Association of
State Highway and Transportation Officials (AASHTO), 2007-
present.

Chair, Climate Change Steering Committee, AASHTO.

Board of Directors, AASHTO, 2007-present.

Board of Directors, American Public Transportation Association
(APTA), 2007-present.

Delegate (elected), Democratic National Convention, 2004.

American Council of Young Political Leaders. Participated as
delegate in exchanges with People's Republic of China, 1997,
2004; Japan, 2006.

Joint Civilian Orientation Conference, 1998. Selected by Office
of Secretary of Defense for week-long intensive program to
learn goals, capabilities and organization of America's armed
forces. Included travel to and interaction with DoD facilities
throughout United States, 1998.

Leadership Maryland, Maryland Chamber of Commerce, Class of
1995.

Board of Directors, National Aquarium in Baltimore, 1998-2006.

Secretary/Treasurer, National Aquarium Society, Washington,
D.C., 2005-2007.

Honorary Squadron Commander, 89th Logistics Group, Andrews Air
Force Base, 1999-present.

Board of Visitors, Maryland Institute of Emergency Medical
Services (Shock Trauma), 2007-present.

Board of Directors, World Trade Center Institute, 1999-2003,
2007-present.
______

attachment b

------------------------------------------------------------------------
Case Date Resolution/Status
------------------------------------------------------------------------
Haynes, et al., v. Porcari, et 11/99 to 11/ Consent decree entered
al., U.S. District Court, 08 10/31/03 in case
Maryland, No. 99-cv-2263 regarding audio stop
and route
announcements and case
dismissed 11/21/08.
------------------------------------------------------------------------
Project Life, Inc. v. Glendening 7/98-5/02 Maryland Port
et al., CA-98-2163-WMN Administration was
required to provide
plaintiffs a lease for
a vessel for use by
persons with
disabilities.
------------------------------------------------------------------------
American Infrastructure MD, Inc. 5/08-1/09 Claims relating to
v. State of Maryland et al., Minority Business
U.S. District Court, 1:08-cv- Enterprise Program
01153-CCB and 1:08-cv-01154-MJG (MBE) were dismissed
by the Court for
failure to state a
claim.
------------------------------------------------------------------------
American Infrastructure MD Inc. 11/07-present Disposition is pending
v. State of Maryland et al., on a mandamus action
12C07003309 Harford Co. Circuit to overturn MDTA
Court decision to reject all
bids due to errors in
solicitation's MBE
goals.
------------------------------------------------------------------------
Daisy Concrete, Inc. of Maryland 7/07-6/08 The court found for
v. Maryland Transportation plaintiff in this
Authority, et al. 12C07002240 challenge to a bid
Harford Co. Circuit Court denial in a State
procurement.
------------------------------------------------------------------------
Love v. Smith, et al., U.S. 9/04 to 10/05 In addition to other
District Court. Maryland, Case claims, plaintiff
No. 04-cv-3070 asserted that I and
other defendants
discriminated against
her on the basis of
sex after we removed
her from her position
as Acting Manager of
Bus Operations at the
MTA. I, and the other
defendants, maintained
that this was based on
her failure to
properly address bus
safety issues. The
case was ultimately
dismissed by
settlement order in
October 2005.
------------------------------------------------------------------------
MdTA Police Lodge v. State of 6/07-present Motion for Summary
Maryland, et al., Circuit Court Judgment granted in
for Baltimore County favor of all
defendants in July
2008. Plaintiff's
appeal is pending in
the Court of Special
Appeals.
------------------------------------------------------------------------
Diana Campitelli, et al v. 1/01-2/02 Suit by former MTA
Glendenning, Porcari, et al., employee which made a
1:01-cv-00035-BEL U.S. District series of claims (mail
Court, Maryland fraud, obstruction of
justice, accessory
after the fact, and
conspiracy to deny her
equal protection), all
of which were
dismissed by the
Court.
------------------------------------------------------------------------
Richard F. Kline, Inc. v. 11/08-present Civil Rights case
Porcari et al. 1:08-cv-03197- challenging the
RDB Maryland Disadvantaged
Business Enterprise
Program on its face
and as applied in a
specific procurement.
Case pending.
------------------------------------------------------------------------
Shady Grove Woods Homeowners 4/07-3/08 Stipulation of
Association, Inc. v. MDOT, et dismissal in case
al., 281500-V concerning InterCounty
Connector.
------------------------------------------------------------------------
Berliner v. Ehrlich, Jr., et 10/06-6/07 Suit dismissed for lack
al., Circuit Ct for Montgomery of subject matter
County 275452V jurisdiction, and
failure to state a
claim on which relief
could be granted due
to failure to exhaust
administrative
remedies.
------------------------------------------------------------------------

______

attachment c
Rosalind A. Knapp,
Designated Agency Ethics Official,
U.S. Department of Transportation,
Washington, DC.

Dear Ms. Knapp:

The purpose of this letter is to describe the steps that I will
take to avoid any actual or apparent conflict of interest in the event
that I am confirmed for the position of Deputy Secretary at the
Department of Transportation.
As required by 18 U.S.C. 208(a), I will not participate
personally and substantially in any particular matter that has a direct
and predictable effect on my financial interests or those of any other
person whose interests are imputed to me, unless I first obtain a
written waiver, pursuant to 18 U.S.C. 208(b)(1), or qualify for a
regulatory exemption, pursuant to 18 U.S.C. 208(b)(2). I understand
that the interests of the following persons are imputed to me: any
spouse or minor child of mine; any general partner of a partnership in
which I am a limited or general partner; any organization in which I
serve as officer, director, trustee, general partner or employee; and
any person or organization with which I am negotiating or have an
arrangement concerning prospective employment.
I will divest my interest in the following entities within 90 days
of my confirmation: General Electric Co., General Electric Capital
Corp., Exxon Mobil Corp., Raytheon Co., and Boeing Co. With regard to
each of these entities, I will not participate personally and
substantially in any particular matter that has a direct and
predictable effect on the financial interests of the entity until I
have divested it, unless I first obtain a written waiver pursuant to 18
U.S.C. 208(b)(1), or qualify for a regulatory exemption pursuant to
18 U.S.C. 208(b)(2).
If I rely on any de minimis exemption under 5 C.F.R. 2642.202
with regard to any of my financial interests, I will monitor the value
of those interests. If the aggregate value of interests affected by a
particular matter increases and exceeds the de minimis threshold, I
will not participate in the particular matter, unless I first obtain a
written waiver under 18 U.S.C. 208(b)(1).
Upon confirmation, I will resign from the following positions:
Secretary of Transportation, State of Maryland, Hanover, MD; Board
Member, National Aquarium, Washington, D.C.; Advisory Board Member,
University of Maryland Transportation Institute; Board Member, American
Association of State Highway and Transportation Officials, Washington,
D.C.; Board Member, American Public Transportation Association,
Washington, D.C.; Board Member, World Trade Center Institute,
Baltimore, MD; Chairman, Maryland Aviation Commission, BWI Airport, MD;
Chairman, Maryland Port Commission, Hanover, MD; Chairman, Maryland
Transportation Authority, Baltimore, MD; Ex-Officio Board Member,
Maryland Highway Safety Foundation, Sparks, MD; and Advisory Board
Member, Maryland Institute of Emergency Medical Services, Baltimore,
MD. Furthermore, for 1 year from my resignation from each of these
entities, I will not participate personally and substantially in any
particular matter involving specific parties in which that entity is a
party or represents a party, unless I am first authorized to
participate pursuant to 5 C.F.R. 2635.502(d).
Finally, I understand that as an appointee I am required to sign
the Ethics Pledge (Exec. Order No. 13490) and that I will be bound by
the requirements and restrictions therein in addition to the
commitments I have made in this and any other ethics agreement.
Sincerely,
John D. Porcari

Senator Warner. Thank you, Mr. Porcari, thank you for your
comments, and for bringing so many members of your family.
Again, someone who, I think, is going to bring a great set of
skills to a new position, someone that has enormous potential,
my friend, Aneesh Chopra.

STATEMENT OF ANEESH CHOPRA,

ASSOCIATE DIRECTOR-DESIGNATE FOR TECHNOLOGY,

OFFICE OF SCIENCE AND TECHNOLOGY POLICY,

EXECUTIVE OFFICE OF THE PRESIDENT

Mr. Chopra. Thank you. Chairman Rockefeller, if you're
joining us via web cast, Ranking Member Hutchison, and
distinguished Members of the Committee, it is indeed a great
honor to appear before you today. Compounding this honor is the
opportunity to appear before my mentor, Senator Mark Warner,
who has led the way in harnessing the power of technology in
advancing our public priorities.
I am, indeed, grateful for President Obama's confidence to
fulfill this important role, and for OSTP Director, Dr. John
Holdren, for his leadership in support of my nomination.
If confirmed, I look forward to working with all of you to
ensure that every American has the opportunity to participate
in our vibrant, technology-based economy, and that we
thoughtfully apply emerging technologies to address our
Nation's most pressing challenges.
With your permission, I'd like to introduce members of the
Committee to my family. First, my wife, Rohini, and our young
daughters, Naya and Devan. That's right, you heard her scream
in the back.
[Laughter.]
Mr. Chopra. In addition, I have an extended member of--my
parents are here, my cousins, my aunts, my uncles, if I could
have them just raise their hands, they're all standing in the
room behind us.
[Laughter.]
Mr. Chopra. I want to bring specific attention to my
father, Ram Chopra, who--like so many immigrants--came to this
country to live the American Dream. Following his graduate
engineering work, my father contributed to our culture of
innovation by filing three patents in the area of cooling
refrigeration systems. Products carrying those technologies,
built in my hometown of Trenton, New Jersey, Senator
Lautenberg, are still in operations today. Senator, that sign
on Route 1, ``Trenton Makes, The World Takes,'' is etched in my
mind.
[Laughter.]
Mr. Chopra. I draw inspiration from my father, who
instilled in me the values of intellectual rigor, personal
excellence and public service. His decision to bring me to
Congressman Chris Smith's town hall meeting in Plainsboro, New
Jersey at the age of 11, sparked my passion for public service.
If confirmed by the Senate, I intend to channel that passion to
execute on the President's vision for a 21st Century economy,
one where jobs are more plentiful, American firms more
competitive, communications more affordable, broadband more
abundant, families more connected, and Americans more safe and
secure.
And we must also apply that vision to government itself.
Built on the President's core principles of transparency,
participation, and collaboration, we will apply the most
innovative technologies to bend the healthcare cost curve, as
Peter Orszag refers to it, optimize the energy grid, deliver an
educational system focused on student excellence, with special
emphasis on science, technology, engineering, and mathematics;
protect our Nation's critical infrastructure, and build the
high-wage, high-growth jobs in all corners of our country.
I have seen the benefits of this approach, as Virginia's
Secretary of Technology under Governor Tim Kaine, ranked by
Governing magazine--two surveys in a row--as the Nation's top-
performing State, tied with Utah and Washington.
We championed broadband and telework policies that brought
good jobs to our more rural communities, hard-hit by an
increasingly competitive global market. We work to build a
culture of innovation in the public sector that saw State
employees translate simple ideas into funded prototypes,
expected to deliver a four-to-one return on taxpayer
investment, and directly aligned with both legislative, and
executive priorities.
Two years ago, I joined in the celebration of the 400th
anniversary of the Jamestown Settlement, and was reminded of
the spirit of Commonwealth that continues to call on us to work
together for the advancement of our common good. For many, the
government we elect is the embodiment of that spirit. For
others, it is a sense of neighborhood when we chip in to
improve our communities, or mentor a child striving for
excellence in school.
Modern technologies are closing the distance between these
views, and unleashing a new wave of entrepreneurship,
involvement, and service.
If confirmed by the Senate, I look forward to working with
this world-class team assembled before us today, in
collaboration with our Congress, and particularly members of
the Committee, to harness the power and potential of technology
and innovation, to advance our Nation's goals.
I would welcome any questions the Committee may have.
[The prepared statement and biographical information of Mr.
Chopra follows:]

Prepared Statement of Aneesh Chopra, Associate Director-Designate for
Technology, Office of Science and Technology Policy, Executive Office
of the President
Chairman Rockefeller, Ranking Member Hutchison, and distinguished
Members of the Committee, it is indeed a great honor to appear before
you today. Compounding this honor is the opportunity to appear before
my mentor, Senator Mark Warner, who has led the way in harnessing the
power of technology to advance our public priorities.
I am grateful for President Obama's confidence in me to fulfill an
important role and to Office of Science and Technology Policy (OSTP)
Director Dr. John Holdren for his leadership in support of my
nomination for Associate Director for Technology in OSTP within the
Executive Office of the President. If confirmed, I look forward to
working with all of you to ensure every American can participate in our
vibrant technology-based economy and that we thoughtfully apply
emerging technologies to address our Nation's most pressing challenges.
With your permission, I would like to introduce the Members of this
Committee to my wife Rohini and our daughters Naya and Devan. Next to
them are my parents, Ram and Neelam Chopra, who, like so many
immigrants, came to this country to live the American Dream. Following
his graduate work in engineering at Villanova University and within his
first decade of employment, my father contributed to our culture of
innovation by filing three patents in the area of cooling refrigeration
systems. Products carrying those technologies, built in my hometown of
Trenton, NJ, are still in operations today.
I draw inspiration from my father who instilled in me the values of
intellectual rigor, personal excellence and public service. His
decision to bring me to Congressman Chris Smith's town hall meeting in
Plainsboro, NJ, where I asked my first policy question at the age of
11, sparked my passion for service.
If confirmed by the Senate, I intend to channel that passion to
execute on the President's vision for a 21st Century economy--
harnessing the power and potential of new technologies to extend new
opportunity to more Americans. Technology and innovation are hallmarks
of the American story. They can often offer us powerful new
opportunities of doing things never before possible or even imagined.
By stewarding pragmatic policy choices, I believe we can make jobs more
plentiful, America more competitive, communications more affordable,
broadband more abundant, families more connected, and Americans more
safe and secure. To do this we need to build on the President's vision
for a 21st Century government, one that builds on his core principles
of transparency, participation and collaboration. We will apply the
most innovative technologies to our most important challenges----
bending the healthcare cost curve, optimizing the energy grid to reduce
our dependence on foreign oil, delivering an educational system focused
on student excellence with special emphasis on science, technology,
engineering and mathematics, protecting our Nation's critical
infrastructure, and building the high-wage, high-growth jobs in all
corners of our country.
I have seen the benefits of this approach in my most recent
capacity serving as Virginia's Secretary of Technology under Governor
Tim Kaine, ranked for the 2nd survey in a row by Governing magazine as
the Nation's top performing state, tied with Utah and Washington. We
championed broadband and telework policies that brought good jobs to
our more rural communities hard hit by an increasingly competitive
global market. We invested in our universities to commercialize high
value R&D and sought new collaborations across state boundaries to
deliver a more productive regional approach.
But far more impactful, we worked to build a culture of innovation
in the public sector that saw employees translating simple ideas into
funded prototypes that aligned directly with legislative and executive
priorities. Our Productivity Investment Fund channeled modest resources
into 30+ projects that will deliver 4-1 returns on taxpayer investment
over 3 years.
In Virginia, I was particularly struck by a bold proposition from
our adult education community called PlugGED In. Nearly a million
Virginians lack a high school diploma with a higher percentage in some
of our more rural communities. Job prospects for dropouts are modest in
today's skills-based economy but our spirit of innovation compelled one
team to conceive of a new training program that would connect high
school dropouts to technology jobs within 6 months. Typically, such a
career path might take two or even 3 years at great cost and with
modest probability of securing any job interviews. I knew we could do
better.
With the Governor's support, our team reached out to a broader set
of stakeholders--high schools, community colleges, 4-year institutions,
and even technology companies interested in the results of such a
model. Within 6 months of conceiving the idea and through a modest
amount of seed funding, our innovative team built an entirely new
curriculum combining the GED, a Microsoft certification, and a project
assignment, recruited our first class of students in Southwest
Virginia, and secured a commitment from one of our Nation's premier
technology companies to guarantee entry-level job interviews for every
graduate. I eagerly await that ceremony later this summer but the
experience reminds us that every American, regardless of background,
deserves the chance to compete and win in our technology-based economy.
Two years ago, I joined in a celebration of the 400th Anniversary
of the Jamestown settlement and was reminded of the spirit of
Commonwealth that continues to call on us to work together for the
advancement of our common good. For many, the government we elect is
the embodiment of that spirit. For others, it is a sense of
neighborhood when we chip in to improve our communities or mentor a
child striving to excel in school. Our modern technologies are
collapsing the distance between idea and action. They are unleashing a
new wave of entrepreneurship, involvement and service. It's this
ability to connect and empower people by putting more power into
people's hands that holds some of the greatest promise for solving
America's challenges.
Shortly after the President's weekly address announcing his
intention to nominate me, my third grade teacher, Ms. Linda Bruschi,
``friended'' me on Facebook, sharing her excitement for an old student
she helped nurture through school. When I was still a child, she
empowered me by taking a chance when it appeared I could push harder on
more advanced mathematics. Because of her efforts, she helped me see
the future and opened up a door for an exciting new world of
opportunity. In the way she opened a door for me, I want to open a door
for others. It's this wondrous idea of extending personal opportunity,
fueled by new technologies, which especially excites me because it can
help unlock the next chapter in America's grand story.
If confirmed by the Senate, I look forward to working with the
world-class team assembled by President Obama, with the Congress, and
particularly with the Members of this Committee to harness the power
and potential of technology and innovation to advance our Nation's
goals.
I welcome any questions that the Committee may have.
______

a. biographical information
1. Name (Include any former names or nicknames used):

Aneesh Chopra.

Nickname: Aneesh Paul Chopra.

2. Position to which nominated: Associate Director for Technology,
Office of Science and Technology Policy (Chief Technology Officer).
3. Date of Nomination: May 14, 2009.
4. Address (List current place of residence and office addresses):

Residence: Information not released to the public.

Office: 1111 East Broad Street #4076, Richmond, VA 23219.

5. Date and Place of Birth: July 13, 1972; Trenton, NJ.
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: Rohini Dhir Chopra, Stay-at-Home Mom.
Children: daughter, Naya Leigh Chopra (2 years); daughter,
Devan Rose Chopra (4 months).

7. List all college and graduate degrees. Provide year and school
attended.

Johns Hopkins University, Bachelor of Arts, 1994.

John F. Kennedy School, Harvard University, Masters in Public
Policy, 1997.

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.

1994-1995--Morgan Stanley Investment Banking Analyst (New York,
NY).

1996--JP Morgan Investment Banking Summer Associate (New York,
NY).

1997-2006--The Advisory Board Company (Washington, D.C.),
Managing Director; in this capacity, I assisted in the launch
of our firm's first software service as well as the launch of
the firm's healthcare CIO membership program; I held a
managerial position leading the firm's Financial Leadership
Council (research membership of 300+ hospital Chief Financial
Officers).

2006-April 2009--Secretary of Technology, Commonwealth of
Virginia; in this capacity, I advised the Governor on policies
that promote growth in the technology industry, increased the
performance of public services, and leveraged technology in
healthcare, education, energy and transportation.

9. Attach a copy of your resume. Attached as Appendix A.
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.

2002-2004--Governor Warner appointed me to serve as Co-Chair of
the Southern Technology Council, a committee of the Southern
Growth Policies Board.

2004-2006--Governor Warner appointed me to serve on the Board
of Medical Assistance Services, which oversees Medicaid for
Virginia 2005-2006--Governor Warner appointed me to serve as a
member of Virginia's first Electronic Health Records Task
Force.

In my previous capacity as Virginia's Secretary of Technology,
I also served on the Boards and Commissions listed in Appendix
B, for which my service ended on April 28, 2009.

11/2008-1/09--Member of Technology, Innovation and Government
Reform Committee of President-elect Obama Transition Team.

11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, film, partnership, or other business, enterprise,
educational, or other institution within the last 5 years.

Policy Committee Member, the Advisory Board Company (NASD:
ABCO), 2003-2005.

Northern Virginia Conservation Trust Board Member (2005-
present).

Board of Directors Member, Health Axis (NASD: HAXS), 2005-2006.

Partner, Avatar Capital-Navic Systems, LLC (Angel Investment);
1999-present.

Partner, Avatar-eLaunchpad, LLC (Angel Investment); 1999-
present.

Partner, Avatar-Appfluent/Infocruiser, LLC (Angel Investment);
1999-present.

Co-President, The Indus Entrepreneurs--Washington, DC Chapter,
(2004-2005).

Co-Chair, Johns Hopkins Class of 1994 Reunion Committee,
(2009).

Board of Directors, Northern Virginia Conservation Trust, (12/
11/04-present).

Indian American Policy Institute (Co-Founder, 2003-2004).

Blue Dominion Majority PAC (Co-Founder, 2005-present).

Network of South Asian Professionals--Washington, DC Chapter
(President, 1999; Member 1997-2005).

Northern Virginia Conservation Trust Board Member (2005-
present).

The Indus Entrepreneurs--Washington, DC Chapter/Indian CEO
Council (Co-President, 2004-2005; Charter Member, 2002-
present).

Democratic Party of Virginia Member (1998-present).

Leadership Arlington, Member (2004-present).

Indian American Policy Institute (Co-Founder, 2003-2004).

Blue Dominion Majority PAC (Co-Founder, 2005-present).

13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt.
Yes, though I have never been a candidate for office. I was
appointed by Governor Kaine to serve as Secretary of Technology in
Virginia in January 2006.
Please see answers in question #10 for additional political
appointments.
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.

$2,750 Obama for America (2007-8)

$1,000 Jones for Mayor of Richmond--Dwight (D-VA)
(2008)

$501 Moran for Governor--Brian (D-VA) (2008)

$1,000 Gerry Connolly (D-VA) (2008)

$1,450 Mark Warner (D-VA) (2008)

$2,500 Democratic Party of Virginia (2008)

$1,000 Mark Warner (D-VA) (2007)

$2,500 A Strong Majority PAC (VA) (2007)

$1,000 Leadership for Virginia's Future (VA) (2007)

$2,500 Democratic Party of Virginia (2007)

$1,000 Jamie Eldridge (D-MA) (2007)

$1,000 Arlington Democratic Joint Federal Campaign
(VA) (2006)

$1,000 Moving Virginia Forward (VA) (2006)

$500 Forward Together PAC (VA) (2006)

$1,000 Forward Together PAC (VA) (2005)

$1,600 Supriya Christopher for Delegate (D-VA) (2005)

$2,850 Kaine for Governor (D-VA) (2005)

$1,000 Hillary Clinton for Senate (D-NY) (2005)

$500 Independent Action (2005)

$500 Joe Crowley (D-NY) (2005)

$500 Bob Brink for Delegate (D-VA) (2005)

$3,500 Blue Dominion Majority PAC (2005-6)--I co-
founded this organization in 2005 focused on
electing moderate Democrats in Northern
Virginia

$1,500 Kaine for Governor (D-VA) (2004)

$1,000 John Kerry (D-MA) (2004)

$1,000 Bobby Jindal (R-LA) (2004)

$1,000 Howard Dean for President (2003)

$1,000 US-INPAC (2003)

$1,000 One Virginia PAC (VA) (2002)

$1,000 Kaine for Governor (D-VA) (2002)

$1,095 Warner for Governor (D-VA) (2001)

$500 Diamonstein for Lt. Governor (D-VA) (2001)

$1,000 Kumar Barve (D-MD) (2001)

$533 reimbursement for my lodging at the Democratic
Party Retreat--Commonwealth Victory Fund
(2007)

Volunteered to serve as a Precinct Captain for
Arlington Democratic Party (2004-2004)

15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.

National Merit Special Scholarship (High School).

Healthcare Information Management Systems Society's State
Advocacy Award (2007).

Government Technology Magazine's ``Top 25 Doers, Dreamers and
Drivers'' (2008).

Center for Multicultural Human Services (CMHS) Civic Leader
Award (2007).

``U.S.-Based Global Intellectual Property Creation: An
Analysis,'' Wadhwa, Rissing, Chopra, Balasubramanian, Freilich
(Kauffman Foundation, 2007).

``Survey on the Public Policy Concerns of the Indian-American
Community,'' Chopra, Kuntamukkula (Asian American Policy
Review, Harvard, 1997).

In my capacity as Governor Kaine's cabinet member responsible for
technology policy, I am often delivering public extemporaneous
presentations, typically with the aid of PowerPoint slides but without
written speech text. Please see Appendix C for an itemized list of all
public speeches.
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony: Not Applicable.
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I previously served as Virginia's Secretary of Technology, a first-
in-the-nation position created in 1999 (I was the 4th) to both advocate
public policy in support of the technology economy, and to promote the
role of technology in transforming the delivery of public services.
President Obama has called for a similar role at the Federal level and
it would be an honor to serve.
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?
It is critical that the Office of Science at Technology Policy
implements all proper management and accounting controls. In my
capacity as Chief Technology Officer, I will encourage the effective
and efficient provision of government services.
In my previous capacity as Virginia's Secretary of Technology, I
served as policy champion for a 10-year, $2BN public-private
partnership to modernize the Commonwealth's IT infrastructure. I served
on the Governor's Performance Management Team responsible for achieving
Virginia's ``Top Performing State'' ranking in 2008. We focused on a
three-component methodology to ensure proper management: a publicly-
available management scorecard focused on accounting controls, outcomes
measures focused on results and productivity measures to promote a
culture of continuous improvement.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
My response will focus on the Technology Division within OSTP.
Technology and Innovation play an ever increasing role in our civic
life and serve as an important foundation for the Nation's economic
growth. Harnessing the full power and potential of emerging
technologies can improve the lives of all Americans and ensure a more
effective, efficient government. Nurturing a policy environment that
fosters technological innovation can help create new jobs, improve the
environment, address our energy crisis, reduce health care costs,
extend opportunities to a new generation of Americans, and help make
the United States safer and more secure.
Our first challenge in the Office of Science and Technology
Policy's Technology Division is to embed the President's Open
Government principles of greater transparency, public participation and
collaboration throughout government with limited resources. We will
begin to address this challenge by attracting the right personnel and
establishing collaborative partnerships using a strong interagency
mechanism to deliver results.
Our second challenge is to effectively collaborate among the White
House, the Congress, private industry and the general public, to
address a broader set of policy priorities informed by technology and
innovation, including proper protections for privacy and security.
Our third challenge is to establish an effective governance model
to ensure a strong return on taxpayer innovation investment. The most
pressing problems we face--in healthcare, energy, the economy,
education and public safety--require investments in emerging
technologies and R&D. Our priority will be to ensure those investments
are targeted and will yield measurable results.
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.
In my capacity as Virginia's Secretary of Technology, I have an
account with the Virginia Retirement System which I intend to rollover
to an existing IRA when eligible.
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 OSTP'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 OSTP'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 OSTP'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 OSTP'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 my capacity as Virginia's Secretary of Technology, I
participated in the Governor's annual Congressional Delegation
briefing. At that meeting the Governor presents his annual legislative/
appropriations/budgetary priorities to the Virginia Congressional
Delegation on behalf of the Commonwealth. In addition, I worked closely
with Virginia's Federal Liaison office to ensure Virginia's
Congressional Delegation is properly briefed on technology policy
issues. Most recently, I served as a member of the Obama Transition
Team working on technology, innovation and government reform policy
memoranda.
In 2008, I served as a Co-Chair for National Health IT Week
Honorary Steering Committee to promote the advancement of health IT.
From June 9-13, a collaboration of public, private and non-profit
stakeholders urged policymakers to support the widespread adoption of
Health IT to improve patient safety, quality and lower costs.
In 2003, I helped found a bi-partisan think tank to address issues
of concern on behalf of the Indian American community--``Indian
American Policy Institute.'' While we did not advocate any specific
legislation, we convened meetings with Congressional leaders to
encourage a stronger relationship with the Indian American community.
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 OSTP'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 OSTP'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.
______

Appendix A
resume of aneesh p. chopra
Experience
Jan. 2006-April 2009--Commonwealth of Virginia--Richmond, VA

Secretary of Technology. Report directly to Governor Tim Kaine
(D-VA) on the efficient and effective use of information
technology to simplify government operations, innovative
applications to improve public services, and the performance of
Virginia's thriving technology economy.

Board Member, Council on Virginia's Future. One of 2 cabinet
members to serve on public-private board to advance the
Nation's top-ranked performance management system (tied with 3
states in Governing Magazine).

Chair, Productivity Investment Fund Oversight Board. Launched
first-of-its-kind $3M ``venture government'' vehicle to
stimulate ``proof-of-concept'' innovative services to lower
costs, improve customer service and advance key outcomes goals;
initial $2.3M investment expected to deliver 4-1 returns and
decrease transaction time 40-50 percent.

Co-Chair, Office of Health IT. 2008 National Health IT Honorary
Co-Chair; responsible for advancing two Executive Orders to
stimulate investments to lower costs, improve quality and
increase patient satisfaction.

Co-Founder, Virginia Health Exchange Network (``VHEN''). Led
the formation of a voluntary payer-provider collaborative to
address rising transaction costs; active solicitation underway
to enable multi-payer transaction tools.

Vice Chairman, IT Investment Board. Governor's lead
representative to independent IT authority governing 10-year,
$1.9BN IT infrastructure services partnership and $850+M
application investment portfolio.

Chair, Solutions Committee. Govern nation's first Chief
Applications Officer to establish data standards, launch
enterprise applications, and increase portfolio return on
investment.

Steering Committee, Chesapeake Crescent. Governor's lead
cabinet member to multi-state (MD, DC, VA) public-private
collaborative to promote regional economic development.

Co-Founder, Innovation Alliance. In June, 2008, the
Universities of MD, VA, VT, GWU, GMU formed a regional alliance
commited to achieve top 5 commercialization performance in the
country.

April 1997-Jan. 2006--The Advisory Board Company--Washington, D.C.

Managing Director. Led two research membership programs as an
elected Policy Committee member of a publicly-traded healthcare
consultancy serving 2,500 hospital and health systems; helped
launch firm's first software service in ``business
intelligence'' attracting 100+ members in the first year; in
2000, reported directly to Chairman on exploring potential
early-stage equity investments to accelerate Internet strategy.

Financial Leadership Council. Managed best practice research
studies for 300+ CFO members focused on instilling fiscal
discipline, maximizing health system revenues, and prioritizing
capital investments; served as national speaker.

1994-1995--Morgan Stanley & Company, Inc.--New York, NY.

Financial Analyst, Health Care/Public Finance. Provided
valuation analysis to non-profit hospitals considering a sale
to for-profit national chains; assisted in financings including
over $50 million in derivative products (swaps).

Leadership
1999-present--Avatar Capital, LLC--Washington, D.C.

Co-Founder. Led the formation of $11+ million angel investor
network with investments in 16 early-stage technology
companies; Microsoft's investment in Navic Networks (Boston,
MA) for an undisclosed sum generated a 10-1 return on
investment (July, 2008).

2004-5--The Indus Entrepreneurs--Washington, D.C.

Co-President, DC-Chapter. Managed 2,000+ technology executive
membership organization committed to growing entrepreneurship
in the region; helped launch the TiE-Smith Fellows program at
the University of Maryland Smith School of Business to inspire
12 highly selective startup CEOs through a 14-week management
intensive.
Education
1995-1997--Harvard University, Kennedy School of Government--
Cambridge, MA.

Master in Public Policy with a concentration in Health Care Policy
awarded 1997; master's thesis on strategic implications of intranet
technology for academic medical centers; selected as Course Assistant
to Information Technology, Business Strategy, and Public Policy course
jointly offered by Business, Law and KSG (1996, 1997).

1990-1994--The Johns Hopkins University--Baltimore, MD.

B.A. in Public Health with a concentration in Health Care Policy
awarded 1994; elected President, Class of 1994 (1991-92); raised
$55,000 as Co-Chair for the Milton S. Eisenhower Symposium (1992-93).
Awards
2008--Government Technology Magazine's Top 25 ``Doers, Dreamers and
Drivers.''

2007--Healthcare Information and Management Systems Society's State
Leadership Advocacy Award.
______

Appendix B--Board and Council Positions

Ex officio positions held through service as Secretary of Technology,
Commonwealth of Virginia
------------------------------------------------------------------------
Organization Type Position Held From To
------------------------------------------------------------------------
Information State Board Member 1/06 4/09
Technology Government (Unpaid)
Investment Board
------------------------------------------------------------------------
Innovative State Board Member 1/06 4/09
Technology Government (Unpaid)
Authority/Center
for Innovative
Technology Board of
Directors
------------------------------------------------------------------------
Virginia Health State Co-Chair (unpaid) 7/06 4/09
Information Government
Technology Council
------------------------------------------------------------------------
Secure Commonwealth State Panel Member 1/06 4/09
Panel Government (Unpaid)
------------------------------------------------------------------------
Virginia Geographic State Board Member 1/06 4/09
Information Network Government (Unpaid)
Advisory Board
------------------------------------------------------------------------
Virginia Wireless E- State Board Member 1/06 4/09
911 Services Board Government (Unpaid)
------------------------------------------------------------------------
Virginia Research State Commission Member 1/06 4/09
and Technology Government (Unpaid)
Advisory Commission
------------------------------------------------------------------------
Modeling and State Council Member 7/07 4/09
Simulation Advisory Government (Unpaid)
Council
------------------------------------------------------------------------
Council on State Council Member 1/06 7/08
Technology Services Government (Unpaid)
------------------------------------------------------------------------
State State Committee Member 1/06 4/09
Interoperability Government (Unpaid)
Executive Committee
------------------------------------------------------------------------
Virginia Philpott State Board Member 1/06 4/09
Manufacturing Government (Unpaid)
Extension
Partnership
------------------------------------------------------------------------
Public-Private State Commission Member 1/06 4/09
Partnership Government (Unpaid)
Advisory Commission
------------------------------------------------------------------------
Advisory Council on State Council Member 1/06 4/09
Career and Government (Unpaid)
Technical Education
------------------------------------------------------------------------
Productivity State Chair (Unpaid) 10/06 4/09
Investment Fund Government
Oversight Board
------------------------------------------------------------------------
Governor's Energy State Council Member 12/07 4/09
Policy Advisory Government (unpaid)
Council
------------------------------------------------------------------------
Chesapeake Crescent Non-Profit Committee Member 2/08 4/09
Initiative Steering Economic (Unpaid)
Committee Development
------------------------------------------------------------------------
Council on State Board Member 1/06 4/09
Virginia's Future Government (Unpaid)
------------------------------------------------------------------------
Carespark Non-profit Ex-Officio Board 7/06 4/09
Health Member
Information
------------------------------------------------------------------------
Aerospace Advisory State Council Member 7/07 4/09
Council Government (Unpaid)
------------------------------------------------------------------------

Appendix C--List of Speeches
----------------------------------------------------------------------------------------------------------------
Date Organization Event Title Audience Speech Topic
----------------------------------------------------------------------------------------------------------------
1/26/06 Hampton Roads Technology Technology Networking HRTC members Modeling and
Council Luncheon simulation
2/1/2006 Northern VA Technology Titans of Technology NVTC members VA technology agenda
Council Breakfast
2/16/ Virginia High Tech Ninth Annual VHTP students, tech opportunities for
2006 Partnership Internship and Job Fair companies minorities in the
tech economy
3/16/ Roanoke Technology Council Roanoke Tech Council Tech Council members; VA technology agenda
2006 breakfast meeting tech community
3/24/ City of Alexandria Alexandria Technology Alexandria tech innovation and
2006 Achievement Week Luncheon leaders; award technology
winners
3/29/ American Association of AAPI Chapter meeting AAPI members brief remarks
2006 Physicians of Indian
Origin
3/30/ American Institute of AIAA Hampton Roads section AIAA, Aerospace Technology outlook
2006 Aeronautics and luncheon community in Hampton for VA
Astronautics Roads
4/4/2006 Mount Vernon-Lee Chamber of Mt. Vernon-Lee Chamber Chamber members Intro to technology
Commerce business lunch priorities for Kaine
Admin
4/21/ Center for Digital The Classroom of K-12 education welcoming remarks
2006 Education and Intel Distinction Interactive leaders
Forum
4/21/ Northern VA Conservation NVCT dinner and silent NVCT members; Richmond experience;
2006 Trust auction Northern VA importance of
community preserving land in
Northern VA
4/25/ ExecutiveBiz ExecutiveBiz breakfast ExecutiveBiz members; SecTech role; IT
2006 Potomac Officers spending in VA; tech
Club industry future
4/26/ Shenandoah Valley SVTC annual banquet SVTC members; tech technology in
2006 Technology Council community in education,
Shenandoah healthcare,
transportation
5/4/2006 U.S. Department of Asian Pacific Heritage Asian American and SecTech role; VA
Agriculture Month Celebration Pacific Islanders experience
5/4/2006 Southwest VA Technology SWVTC annual awards banquet SWVTC members; technology in
Council technology community education,
in Southwest VA healthcare,
transportation
5/11/ Harvard Business School/ Harvard Business School Health IT community/ panel discussing
2006 Accenture Publishing/Accenture leaders RHIOs, other
Government Health Series regional, state,
local efforts
relating to NHIN
5/11/ Virginia Piedmont VPTC annual awards banquet VPTC members; tech VA technology agenda
2006 Technology Council community in
Piedmont region
5/17/ Greater Richmond Technology GRTC Awards Gala GRTC members; VA technology agenda
2006 Council Richmond tech
community
5/19/ Virginia Commonwealth VCU School of Engineering graduates of VCU graduation/
2006 University Diploma Ceremony School of motivational speech
Engineering and
guests
5/25/ Region 2000 Technology Region 2000 Tech Council Region 2000 members VA technology agenda
2006 Council Annual Awards banquets
6/8/2006 Greater Norfolk Corporation Greater Norfolk Corporation Greater Norfolk Corp technology and
event members; Norfolk economic development
community leaders
6/10/ ECPI College of Technology ECPI Graduation ECPI graduates and graduation/
2006 guests motivational speech
6/12/ Southwest Virginia Southwest VA Regional Gov's school Competing in a
2006 Community College Governor's School for attendees and guests ``Flat'' World:
Science and Tech Opening Lessons for
Day Tomorrow's Leaders
6/12/ Southern Piedmont SPTC annual dinner SPTC members; tech VA technology agenda
2006 Technology Council community in
Southside VA
6/22/ New VA Corridor Technology NCTC Board meeting NCTC board members opening remarks
2006 Council
6/23/ Thomas Jefferson Institute TJ Institute Innovations in government and technology
2006 Government Conference '06 private sector initiatives in VA
leaders
6/27/ Northern VA Technology NVTC Business to Government NVTC members; tech procurement and
2006 Council event on SWAM community in involving small
Northern VA businesses
6/29/ Arlington Economic Arlington Economic Arlington-based execs technology economy
2006 Development Development Executive
Luncheon
8/2/2006 VA Technology Education VTEA annual conference VTEA members; technology in
Association education leaders education, VA's
technology future
8/16/ VA Public Broadcasting VA Public Broadcasting VA Public technology
2006 Board meeting broadcasting board initiatives in VA,
specifically
education related
initiatives
9/14/ INPUT INPUT Executive Breakfast Northern VA execs technology
2006 opportunities,
changes, and current
challenges in the
Commonwealth
9/20/ Executive Biz Web 2.0 conference Tech conference Web 2.0 in the
2006 Commonwealth
9/21/ HIMSS (Healthcare Health IT: A View from the health IT community VA Health IT
2006 Information and Management Hill and Beyond initiatives
Systems Society)
9/26/ Hampton Roads Technology From Laboratory to Hampton Roads tech, university R&D
2006 Council Marketplace: Bridging the university community
University, Industry Gap
10/6/ VA Manufacturers 2006 Governor's manufacturing leaders How Technology
2006 Association Manufacturing Summit Transforms the
Business Climate in
VA
10/16/ Center for Rural VA 2006 Rural Summit rural leaders VA technology
2006 initiatives, rural
initiatives/goals
10/20/ Northern VA Technology NVTC Sprint R&D event NVTC members; tech welcoming remarks
2006 Council community in
Northern VA
10/25/ George Washington University Start-ups university community university R&D;
2006 University conference importance of
commercialization
11/10/ Greater Richmond Technology GRTC breakfast series GRTC members; VA technology
2006 Council Richmond tech initiatives
community
11/13/ Virginia Business Council VA Business Council meeting VA Business Council Economic development
2006 surrounding tech
community
11/15/ Virginia International VIU Scholarship Fundraising VIU community; donors Innovation Imperative
2006 University Dinner
12/14/ VA Economic Developers VA Economic Developers VA Econ Developers Technology and
2006 Association Assoc Annual meeting Economic Development
2/27/ HIMSS (Healthcare HIMSS 5th Annual Advocacy health IT community VA Health IT
2007 Information and Management and Public Policy initiatives
Systems Society) breakfast
3/2/2007 Northern VA Democratic Northern VA Democratic NVDBC members building the
Business Council Business Council meeting innovation agenda
3/6/2007 Northern VA Technology NVTC Healthcare event NVTC Health IT in VA
Council
3/14/ Business Software Alliance Business Software Alliance northern VA Health IT and VA's
2007 Dinner technology leaders/ innovation agenda
BSA members
3/19/ Government Technology; Beyond the Beltway IT community VA's technology
2007 Center for Digital Govt priorities
3/28/ TiE Carolinas TiE Carolinas meeting TiE membership in NC Lessons from Virginia
2007
4/9/2007 Hampton University Hampton Univ Information Hampton students; Building Info
Assurance Symposium faculty Assurance capacity
and improving
infrastructure at
minority serving
institutions
4/17/ VA Healthcare Foundation VA Consortium for Health Consortium members Health IT in the
2007 Philanthropy meeting Commonwealth
4/19/ VA Modeling and Simulation VMASC 2007 Modeling, VMASC/ODU students, M&S importance
2007 Center Simulation, and Gaming faculty
Student Capstone Conf
5/19/ VA Lions Club Lions Club State Convention VA Lions Club members VA technology
2007 initiatives;
innovation
5/24/ Southwest VA Technology SWVTC annual awards banquet SWVTC members; keynote--technology
2007 Council technology community in the Commonwealth
in Southwest VA
5/31/ Governing Magazine Managing Technology: executives, Outsourcing Update
2007 Policy, Politics and legislators, agency
Leadership heads
6/6/2007 VA Piedmont Technology VPTC annual awards banquet VPTC members; tech keynote--technology
Council community in in Commonwealth
Piedmont region
6/25/ VA Workforce Council VA Workforce Council annual workforce council VA technology
2007 retreat members initiatives;
economic development
8/1/2007 U.S. Joint Forces Command USJFCOM Industry Symposium Joint Forces Command technology,
innovation
8/3/2007 Indian American Leadership Indian-American Democratic Indian-American opportunities in
Initiative Dialogue democrats state government
8/7/2007 State Board of Elections State Board of Elections VA General Registrars The Innovation
Registrars conference Imperative
8/22/ Old Dominion University ODU State of the University ODU faculty, staff, The Innovation
2007 community Imperative
8/30/ Cape Henry Collegiate Cape Henry donor and donors and students technology in
2007 School student event education;
innovation
9/10/ Center for Rural VA Rural Summit VA rural community Status of the Rural
2007 leaders South: Where Does VA
Fit
9/24/ VA Tech Outreach NOW VT community The University Role
2007 in Univ-Community
Partnerships in
Economic and
Community
Development
9/27/ Congressional Black Caucus Health IT and Reducing Congressional Black Health IT
2007 Foundation Health Disparities session Caucus members;
health IT interested
parties
10/2/ Intel Digital Health Intel Health IT event health IT leaders Health IT in the
2007 Commonwealth
10/11/ Governing NYC: Governing LIVE The Innovation
2007 Imperative
10/12/ VA Assoc for Adult and VAACE conference adult ed leaders GED on Demand
2007 Continuing Education announcement
10/25/ VA HIMSS (Healthcare VA HIMSS annual conference VA HIMSS community Health IT in the
2007 Information and Management Commonwealth
Systems Society)
10/25/ VA Hospital and Healthcare VHHA annual conference health IT community; Leveraging IT for
2007 Association VHHA members Quality and Value
Panel
10/27/ Medical Society of VA MSV conference MSV members Health Care IT: The
2007 Commonwealth's
Perspective
11/2/ George Mason University VA Innovation Showcase university community; university R&D;
2007 Business Alliance entrepreneurs commercialization,
innovation
11/7/ HRSA HRSA grantee meeting HRSA grantees Innovation through
2007 Collaboration
11/7/ Germanna Center for VA IT Workforce Summit IT leaders; IT Importance of
2007 Advanced Technology workforce members technology in econ
development
11/12/ VA Association of Counties VACo Broadband Deployment local leaders VACo Broadband
2007 conference session
11/14/ VA P-16 Council Flat World/Round Students P- education leaders The Innovation
2007 16 Forum Imperative:
Education's Role in
VA's 21st century
economy
11/26/ Virginia Commonwealth VCU Literacy Institute Literacy Institute Technology Literacy
2007 University Literacy Board Advisory Board meeting Advisory Board in the 21st century
12/6/ Fredericksburg Technology FredTech Awards Banquet Fredericksburg Tech technology
2007 Council Council members initiatives in VA
1/25/ State Board of Health State Board of Health Lunch State Board of Health current status of
2008 Health IT in
Commonwealth
1/29/ VA Association of Planning VAPD annual meeting Planning district technology
2008 Districts commission members initiatives in VA;
innovation
2/20/ Community Care Network of CCNV 12th annual CCNV shareholders health IT in
2008 VA shareholder meeting Commonwealth
2/29/ VA Technology Education Children's Engineering VA technology technology in
2008 Association Convention teachers; leaders education
3/7/2008 Northern VA Democratic NVDBC meeting NVDBC members VA technology
Business Council initiatives
3/14/ VA Economic Developers VEDA Spring Conference VEDA members keynote--technology
2008 Association and econ development
4/8/2008 National Capital Healthcare NCHE event NCHE health IT
Executives
4/9/2008 American Museum of Natural AMNH STEM event STEM community/ panel
History leaders
4/16/ VA Career Education VA Career Education education leaders Partnerships to Fuel
2008 Foundation Foundation dinner VA's Innovative
Economy
4/22/ ICGGov Govt Business Executive govt/technology Richmond as a
2008 Focus Forum leaders Catalyst: Making the
Federal-state
relationship work--
identity mgmt case
study
4/24/ WCA WCA Public Safety Govt govt/public safety public safety
2008 Roundtable leaders interoperability
5/1/2008 Hampton Roads Technology HRTC Tech Night HRTC members The Innovation
Council Imperative
5/5/2008 VA Assoc of School VASS annual conference VA superintendents Technology in
Superintendents Education;
importance of STEM;
VA initiatives
5/15/ Prince William County PWC Technology Achievement Prince William gov't technology and
2008 Awards luncheon award winners innovation,
importance in govt
5/20/ Old Dominion University ODU Summer Institute ODU faculty, staff, The Innovation
2008 community Imperative
5/22/ Charlottesville Tech Charlottesville Innovation Charlottesville technology
2008 Council Awards technology community initiatives in VA;
innovation
5/28/ Southwest VA Technology SWVTC annual awards banquet SWVTC members; technology
2008 Council technology community initiatives in VA;
in Southwest VA innovation
5/29/ Leadership Arlington Leadership Arlington 10th Leadership Arlington keynote--The
2008 anniversary celebration alumni Innovation
Imperative
6/11/ Monroe Technology Center Monroe Technology Center Monroe Technology graduation/
2008 Graduation Center graduates, motivational speech
guests
6/26/ California Little Hoover CA Little Hoover Commission Little Hoover Leveraging Technology
2008 Commission hearing Commission members, to Measure and
guests Report Performance
6/30/ VA Assoc of Secondary VASSP annual conference school principals The Innovation
2008 School Principals Imperative
7/8/2008 University of VA Tapestry 2008 Workshop computing and IT Technology in
teachers Education;
importance of STEM
7/18/ VA Association of Planning VAPDC summer conference planning districts Importance of
2008 District Commissions technology in econ
development
7/24/ Northern VA Regional NVRC meeting NVRC Innovation
2008 Commission Imperative:
Organizing the
Region for Global
Competitiveness
8/6/2008 MathScience Innovation Building for the Future: 3- Educators Technology in
Center 5 Math & Science Education;
Conference importance of STEM
8/19/ Richmond City Public Opening Convocation for Richmond City Career Technology in
2008 Schools Richmond City CTE teachers and Tech Ed teachers Education;
importance of STEM
9/20/ VA Health Quality Center VA Health Quality Center VHQC BOD Health IT--Vision for
2008 Board of Directors BOD retreat the Future
9/30/ Virginia Geographic GIS annual conference GIS leaders, Role of GIS in
2008 Information Network companies Technology Agenda
10/1/ Center for Innovative Energy Technology Forum energy, business VA Energy
2008 Technology leaders initiatives;
Chesapeake Crescent
10/3/ VA School Boards VA School Boards Assoc School Board members, Building Intellectual
2008 Association Leadership Conf leaders from across Capital in VA
VA
10/6/ The Renaissance Group The Renaissance Group Fall education leaders Building Intellectual
2008 Conference ``Addressing Capital in VA
Societal Challenges
through Education''
10/13/ RHIOhio/Ohio University RHIOhio Conference Health IT leaders/ The Future of Rural
2008 community in Ohio Healthcare
10/15/ Telework Exchange Telework Exchange Town Hall Telework Exchange telework in VA
2008 meeting members/leaders in
Northern VA/DC area
10/15/ Da Vinci Group of VA Da Vinci Group meeting small group of VA Transforming K-12
2008 Superintendents superintendents
10/17/ VA HIMSS VA HIMSS annual conference members of VA HIMSS; Health IT
2008 Health IT community
10/20/ National Governor's NGA Experts Roundtable on government leaders panel member
2008 Association State Investment Decision
for Science and Innovation
10/22/ Open Source Lab/Oregon Government Open Source gov't leaders; open Building a Culture of
2008 State University Conference (GOSCON) source leaders Innovation and
Productivity through
Collaboration
10/25/ CHIME (College of CHIME Fall CIO Forum nation's top Leading the Way:
2008 Healthcare Information healthcare CIOs and Health IT Strategy
Management Executives) Health IT execs for the Modern State
11/5/ James Madison University Rocco Forum on the Future JMU leaders; Board; technology in
2008 educators education
11/14/ George Mason University Innovation Showcase University faculty, Spotlighting Regional
2008 Business Alliance researchers from VA; Innovation
entrepreneurs
12/1/ HIMSS HIMSS Government Relations HIMSS members Health IT Initiatives
2008 Roundtable in VA
12/12/ Medical Automation Medical Automation healthcare Telehealth in VA
2008 Conference `08 professionals,
leaders
4/7/2009 HIMSS HIMSS National Conference health IT leaders/ The Effect of
community Economic Stimulus on
State HIT projects
----------------------------------------------------------------------------------------------------------------

Senator Warner. Thank you, Mr. Chopra.
Now, I'd like to call upon Rebecca M. Blank, who is up for
Under Secretary of Economic Affairs, and has enormous
challenges, as well, including the Census.
So, Ms. Blank, thank you for being here.

STATEMENT OF DR. REBECCA M. BLANK,

UNDER SECRETARY-DESIGNATE FOR ECONOMIC AFFAIRS,

U.S. DEPARTMENT OF COMMERCE

Dr. Blank. Thank you, Senator Warner, Ranking Member
Hutchison, and distinguished Members of the Committee. I
appreciate the opportunity to be here today as nominee for
Under Secretary for Economic Affairs at the Department of
Commerce. It's an honor to be nominated for this job by
President Obama, and I look forward to working with Secretary
Locke and others at the Department.
With your permission, if I could introduce my family? My
husband, Hanns Kuttner, is back there in the third row. Sitting
next to him is my brother, Grant Blank, and in the front row,
in the red skirt, is my daughter, Emily, who is a seventh
grader at Westland Middle School in Bethesda. And I know I've
got a number of other friends and colleagues around the
audience, as well.
There are two parts to the Under Secretary's job. The first
is the management and oversight of the two top statistical
agencies in the United States--the Census Bureau, and the
Bureau of Economic Analysis.
This management role is particularly important in this
year, as the Census Bureau undertakes its 2010 Decennial
Census. I realize that one of the most important and immediate
responsibilities of this position is focused oversight and
guidance to ensure that the 2010 Census is complete and
accurate.
Of course, the Census Bureau and the BEA collect and
disseminate a wide range of data, and my role as Under
Secretary would be to work with these agencies to develop a
long-term strategic plan for improving America's statistics,
and to make sure that those agencies have the expertise and the
resources they need to implement that plan.
The second part of the Under Secretary's job is to serve as
head of the Economic and Statistics Administration, providing
high-quality economic analysis inside the Department of
Commerce. If confirmed, I would work with the excellent group
of economists at ESA, to make sure the Secretary had the best
possible economic information to track important trends in the
economy, and to work with economists elsewhere around the
Administration, to develop and analyze the policies that will
define President Obama's Administration.
I've worked in a number of different jobs in the past--I'm
an economic researcher, deeply interested in the ways in which
the U.S. economy interacts with government policy. As a
researcher, I've used Census and BEA data for years, and have
consulted regularly with those agencies about measurement
issues. I know these organizations, and I deeply appreciate
what they do, and how well they do it.
Second, I've been a higher education administrator and
manager. I spent 8 years as Dean of the Gerald R. Ford School
of Public Policy at the University of Michigan, and in that
job, I managed a growing educational and research enterprise
inside a very large university that provided the hands-on
management experience that I suspect will be important to the
job of Under Secretary.
Third, I've been a public servant, and a government
employee. I worked for one year as Senior Staff Economist at
the Council of Economic Advisors during the first President
George Bush Administration, and returned as one of three
members of the CEA during the second term of President
Clinton's Administration.
I know how to write one-page policy memos, and I know how
to provide the wide-ranging economic analysis that's constantly
in demand inside government.
While it is an honor and a privilege to work in the White
House, when I left the CEA job I decided, ``If I ever go back
into an Administration, I want to be in one of the agencies
that actually run programs.'' This nomination gives me the
opportunity to do that. The Under Secretary for Economic
Affairs is one of the best agency jobs available to an
economist, and I'm grateful for the privilege of being
considered for this position.
I appreciate the opportunity to come before you today. If
approved by this Committee and confirmed by the full Senate, I
would look forward to working with you and with your staff on
all items of shared interest and concern.
Thank you.
[The prepared statement and biographical information of Dr.
Blank follows:]

Prepared Statement of Dr. Rebecca M. Blank, Under Secretary-Designate
for Economic Affairs, U.S. Department of Commerce
Chairman Rockefeller, Ranking Member Hutchison, and distinguished
Members of the Committee, I appreciate the opportunity to appear before
you today as the nominee for the position of Under Secretary for
Economic Affairs at the Department of Commerce. It is an honor to be
nominated for this job by President Obama, and I look forward to the
possibility of working with Secretary Locke, and with the others in
leadership at the Department of Commerce. I'm also pleased that my
husband, Hanns Kuttner could be here today, as well as my daughter
Emily.
There are really two parts to the Under Secretary job. The first is
management and oversight of two of the top statistical agencies in the
United States--the Census Bureau and the Bureau of Economic Analysis
(BEA). This management role is particularly important in the next year,
as the Census Bureau undertakes its 2010 decennial census. I realize
that one of the most important and immediate responsibilities of this
position is to become completely conversant with the Decennial Census
plans in order to provide focused oversight and guidance to ensure the
2010 Census is complete and accurate. But the Census Bureau does much
more than conduct the Decennial Census. It and the BEA collect and
disseminate a wide range of data, and my role as Under Secretary would
be to work with both of these agencies to develop a long-term strategic
plan for improving America's statistics, and to make sure that these
agencies have the expertise and the resources needed to implement that
plan.
The second part of the Under Secretary's job is to serve as head of
the Economics and Statistics Administration (ESA), providing high
quality economic analysis inside the Department of Commerce. I
understand there is an excellent group of career economists at ESA. If
confirmed as Under Secretary, we would make sure the Secretary had the
best possible economic information as he interacts with industry and
community leaders. ESA also track important trends and changes in the
economy, and works with economists elsewhere around the Administration
to develop and analyze the policies that will define President Obama's
Administration.
Particularly in the current economic environment, as we deal with
the worst recession in the past 60 years, good economic analysis is in
high demand. I look forward to taking on some questions that are
particularly relevant to the Department of Commerce and its interests;
questions such as ``How is the current recession leading to
restructuring in manufacturing industries in the U.S. and abroad and
what are the implications for jobs, productivity, and profits among
U.S. manufacturers?'' ``Is the U.S. as competitive as it should be?
Which industries are leading in productivity, innovation, and
competitiveness in the U.S., as we come out of the current recession?''
or ``What would rapid growth in environmentally-focused products mean
in terms of industry and job expansion?''
In the past, I have had the pleasure of working in the public,
private, and not-for-profit sectors. Many years ago, I worked with a
variety of heavy manufacturing industries as a consultant with an
economic forecasting company, a job which taught me a great deal about
the real world of business. I went on to acquire a Ph.D. in economics
and in the years since I've held three types of positions.
First, I am an economic researcher and am deeply interested in the
ways in which the U.S. economy interacts with government policy. My
work has focused on labor markets, on the well-being of American
families, on effective measurement of key economic concepts, and on the
impact and evaluation of government policy efforts. I have worked on a
variety of measurement issues and interacted with the staff at Census
and BEA on a regular basis for years. I have used their data and have
consulted with them about measurement issues. As a result, I know those
organizations and deeply appreciate what they do and how well they do
it.
Second, I have been an administrator and manager in the field of
Higher Education. I have run two major research centers and spent 8
years as Dean of the Gerald R. Ford School of Public Policy at the
University of Michigan. That job gave me the opportunity to oversee and
manage a growing educational and research enterprise, inside a very
large University, and provided me with the hands-on management
experience that I know will be very important background experience for
my job as Under Secretary.
Third, I have been a public servant and government employee. I
worked for a year as a Senior Staff Economist at the Council of
Economic Advisers (CEA) during the President George H.W. Bush
Administration, and I returned as one of the three members of the CEA
during the second term of President Clinton. In these jobs I learned
how to write one-page policy memos and how to produce the wide-ranging
economic analysis that is constantly in demand inside government. While
it is an honor and a privilege to work in the White House, when I left
that job I thought to myself, ``If I ever come back into an
Administration job, I want to be in one of the agencies actually
running programs.'' This nomination gives me the opportunity to do
that. I believe the Under Secretary for Economic Affairs to be one of
the best agency jobs available, and I am grateful for the privilege of
being considered for this position.
In this economy, we need good data--collected in a timely and
reliable way by the Census Bureau and the Bureau of Economic Analysis--
so we can understand how businesses and families are faring. We also
need high quality economic analysis, analyzing the trends and patterns
that indicate both where there is economic pain and where there are
signs of recovery. We particularly need to keep track of industry
shifts and how they affect American competitiveness in a global
economy. Finally, we need high quality policy analysis, looking at the
impacts of existing and proposed policies on American businesses,
American families and on the competitiveness and health of the U.S.
economy. The Under Secretary position would give me the opportunity to
work on all of these issues.
I appreciate the opportunity to come before you today. If my
nomination is approved by this Committee and confirmed by the full
Senate, I look forward to working with you and your staff members on
all items of shared interest and concern. Thank you.
______

a. biographical information
1. Name (Include any former names or nicknames used): Rebecca
Margaret Blank; Rebecca M. Blank; Becky Blank.
2. Position to which nominated: Under Secretary for Economic
Affairs, Department of Commerce.
3. Date of Nomination: April 28, 2009.
4. Address (List current place of residence and office addresses):

Residence: Information not released to the public.

Office: The Brookings Institution, 1775 Massachusetts Ave., NW,
Washington DC 20036.

5. Date and Place of Birth: September 19, 1955; Columbia, Missouri.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).

Spouse: Johannes (Hanns) C. Kuttner, Visiting Fellow, The
Hudson Institute; daughter: Emily C. Kuttner, age 13.

7. List all college and graduate degrees. Provide year and school
attended.

B.S. in Economics, 1976, University of Minnesota.

Ph.D. in Economics, 1983, Massachusetts Institute of
Technology.

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.
All of my previous positions are relevant, since all of them have
helped me acquire the substantive knowledge, policy experience and
management skills that are necessary for the Under Secretary job.
Brookings Institution, July 2008-present.

Robert S. Kerr Senior Fellow, Economic Studies.

Robert S. Kerr Visiting Fellow, Economic Studies (2007-08).

University of Michigan, August 1999 to June 2008.

Joan and Sanford Weill Dean of Public Policy, Gerald R. Ford
School of Public Policy, 1999-2007.

Henry Carter Adams Collegiate Professor of Public Policy,
Gerald R. Ford School of Public Policy.

Professor of Economics, Department of Economics.

Co-Director, National Poverty Center, 2002-2008.

Council of Economic Advisers, Washington, D.C., October 1997 to
July 1999.

Member-nominee, October 1997-October 1998; Member, October 1998
to July 1999.

Northwestern University, September 1989 to July 1999.

Professor of Economics, 1994-1999; Associate Professor of
Economics, 1989-94.

Director, Joint Center for Poverty Research, 1996-97.

Research Faculty, Center for Urban Affairs and Policy Research,
1989-99.

Associate Professor, School of Education and Social Policy,
1989-93.

Co-Director, Northwestern/University of Chicago
Interdisciplinary Training Program in Poverty, Race, and
Underclass Issues, 1991-96.

Council of Economic Advisers, Washington, D.C., August 1989 to July
1990.

Senior Staff Economist.

Princeton University, September 1983 to August 1989.

Assistant Professor of Economics and Public Affairs.

Department of Economics and Woodrow Wilson School of Public and
International Affairs.

Massachusetts Institute of Technology, September 1988 to May 1989.

Visiting Assistant Professor of Economics.

University of Wisconsin-Madison, Fall 1985.

Visiting Fellow, Department of Economics and Institute for
Research on Poverty.

Data Resources, Inc., June 1976 to August 1979.

Consultant and Educational Coordinator, Chicago Office.

9. Attach a copy of your resume. Attached as appendix.
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.
Consultant for the State of Connecticut, Commission on Children,
Nov-Dec 2007.
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.

Board of Directors, MDRC (formerly Manpower Demonstration
Research Corporation), 2001-present.

Board of Trustees, Urban Institute, 2007-present.

Board of Directors, Economic Policy Institute, 2008-present.

Board of Directors, Citizens' Research Council of Michigan,
2000-2008.

Visiting Committee, Kennedy School of Government, Harvard
University, 2004-present.

Advisory Council, Spotlight on Poverty and Opportunity, 2007-
present.

National Academy of Sciences

Division Committee for the Behavioral and Social
Sciences and Education (DBASSE), National Research
Council, 2003-08.

DBASSE Executive Committee member, 2005-08.

Committee on the Fiscal Future of the United States,
2008-present.

Chair, Workshop to Reconsider the Federal Poverty
Measure, Committee on National Statistics, 2004-05.

Chair, Panel on Methods for Assessing Discrimination,
Committee on National Statistics, 2001-2004.

DIW (a research/policy think tank), Berlin, Germany.

Scientific Advisory Committee, 2001-2004.

Honorary Advisory Council, DIW-DC, 2008-present.

Association for Public Policy Analysis and Management

President, 2007.

Executive Committee member, 2006-08.

Policy Council member, 2001-04.

Board Chair, Public Policy and International Affairs Program,
2003-06.

Vice President, American Economic Association, 2007.

Board of Editors, American Economic Journal: Economic Policy,
2007-present.

Co-Editor, Labour Economics, 2004-2007; Associate Editor, 2007-
present.

Advisory Board, Journal of Economic Education, 2002-present.

National Advisory Board and Senior Research Affiliate, National
Poverty Center, University of Michigan, 2008-present.

------------------------------------------------------------------------
Restrictive
Social Club/ Dates Position (Member/ Membership
Organization Officer) Policies (Yes/No)
------------------------------------------------------------------------
Bread for the 1976-present Member No
World, Washington,
D.C.
Amnesty Around 2001- Member No
International, New present
York, NY
Westmoreland 2008-present Member Expects members
Congregational to generally
Church, UCC, accept the
Bethesda, MD religious
precepts of the
United Church of
Christ.
First Presbyterian 2000-2008 Member and Elder Expects members
Church, Ann Arbor, (2004-2008) to generally
MI accept the
religious
precepts of the
Presbyterian
Church.
St. Pauls United 1990-2000 Member and Expects members
Church of Christ, Church Council to generally
Chicago, IL member (1994- accept the
97) religious
precepts of the
United Church of
Christ.
First Church 1989-90 and Associate member Expect members to
Congregational, 1997-99 generally accept
UCC, Washington, the religious
D.C. precepts of the
United Church of
Christ.
Economic Dinner 1999-2008 Member None
Club, Ann Arbor,
MI
American Economic 1981-present Member, Exec. None
Association Committee
member (1995-
97) and Vice-
President
(2007)
Labor and 1983-present Member None
Employment
Relations
Association
Midwest Economics 1990-2005 Member, None
Association President (2001-
02)
Committee on the 1981-present Member, Exec None
Status of Women in Comm member
the Economics (1990-94),
Profession Chair (1994-96)
National Poverty 2008-present Senior research None
Center, University affiliate and
of Michigan member,
National
Advisory Board
Angell School PTO, 2001-2007 Member None
Ann Arbor, MI
Westland Middle 2007-present Member None
School PTA,
Bethesda, MD
Oxbridge 1999-2008 Member None
Neighborhood
Association, Ann
Arbor, MI
Association for 1985-present Member, None
Public Policy President
Analysis and (2007),
Management (APPAM) Executive
Committee (2006-
08), Policy
Council (2001-
04)
Ann Arbor Art 2001-present Member None
Center
Friends of the 1997-99; 2007- Member None
National Zoo present
Economists for About 1990- Member None
Peace and Security present
(earlier
Economists Against
the Arms Race)
------------------------------------------------------------------------

13. Have you ever been a candidate for and/or held a public office
(elected, nonelected, 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: None.
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, 1975.

National Science Foundation Graduate Fellowship, 1989-92.

Sloan Foundation Graduate Fellowship, 1992-93.

National Fellowship for Women in the Sciences, National Science
Foundation, 1988-89.

David Kershaw Award, 1993, Association for Public Policy
Analysis and Management (awarded to the young scholars whose
research has had the most impact on the public policy process).

Faculty research associate, National Bureau of Economic
Research, 1990-present.

Faculty Affiliate, Institute for Research on Poverty, 1994-
present.

Member (an elected honorary position), National Academy of
Social Insurance, 1996-present.

Richard A. Lester Prize for the Outstanding Book in labor
Economics and Industrial Relations, 1997 (for the book It Takes
A Nation: A New Agenda for Fighting Poverty).

Senior Research Affiliate, National Poverty Center, 2002-
present.

Lifetime National Associate, National Academy of Sciences,
2004-present.

Fellow, Society of Labor Economics, 2006-present.

Fellow, American Academy of Arts and Sciences, 2005-present.

Research Fellow, IZA (Institute for the Study of Labor), 2007-
present.

Outstanding Alumni Achievement Award, University of Minnesota,
2008.

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.
Because of the number of publications, rather than listing them all
here I list only my books. The remainder of publications (journal
articles, book chapters, book reviews, articles for a broader public,
and unpublished working papers) are all listed in full in the Appendix
as part of my CV.
Publications--Books
Insufficient Funds: Savings, Assets, Credit and Banking Among
Low-Income Households (with Michael S. Barr). New York: Russell
Sage Foundation, 2009. (Co-editor and co-author on one article
in the volume.)

Working and Poor: How Economic and Policy Changes are Affecting
Low Wage Workers (with Sheldon Danziger and Robert Schoeni).
New York: Russell Sage Foundation, 2006. (Co-editor and co-
author on two articles in the volume.)

Measuring Racial Discrimination (with Marilyn Dabady and Connie
Citro). Washington, D.C.: National Research Council, National
Academy Press, 2004.

Is the Market Moral? A Dialogue on Religion, Economics, and
Justice (with William McGurn). Washington, D.C.: Brookings
Institution, 2004.

The New World of Welfare. Washington, D.C.: Brookings
Institution, 2001. (Co-editor with Ron Haskins and co-author of
two articles in the volume.)

Finding Jobs: Work and Welfare Reform. New York: Russell Sage
Foundation, 2000. (Co-editor with David Card and co-author of
two articles in the volume.)

It Takes A Nation: A New Agenda for Fighting Poverty.
Princeton: Princeton University Press, 1997.

Social Protection vs. Economic Flexibility: Is There a
Tradeoff? Chicago: University of Chicago Press, 1994. (Editor
and author of two articles in the volume.)

Do Justice: Linking Christian Faith and Modern Economic Life.
Cleveland, OH: Pilgrim Press, 1992.
Speeches
I typically have given seminars, speeches, served as a panelist, or
was in a public discussion multiple times each week over the past year
and half. Prior to this, I gave public speeches and made other public
comments at least twice each month, and this has been true for many
years. Many of these talks (particularly in the last year) specifically
address the current economic situation, which is something that I will
be addressing regularly in my new job. I occasionally talk about the
need for good data as part of this.
Among the most visible talks that I have given are a series of
named lectures, which I list here:

Distinguished Public Policy Lecture, Institute for Policy
Research, Northwestern University, April 2009.

Aaron Wildaysky Lecture, Goldman School of Public Policy, UC-
Berkeley, March 2009.

Sulzberger Lecture, Sanford Institute of Public Policy, Duke
University, September 2008.

McMylar Lecture, Department of Economics, Case Western Reserve
University, April 2007.

American Enterprise Lecture, Furman University, March 2007.

Alice Cook Lecture, School of Industrial and Labor Relations,
Cornell University, October 2006.

Kurt W. Rothschild Lecture. Department of Economics, Johannes
Kepler University, Linz, Austria, November 2005.

Bazzani Lecture, Institute for Government and Public Affairs,
University of Illinois, October 2004.

Monroe-Paine Lecture, Truman School, University of Missouri,
March 2003.

Wellington-Burnham Lecture. Department of Economics, Tufts
University, October 2002.

Merrick Lecture. Department of Economics, University of
Virginia, April 2002.

Adam Smith Lecture. European Association of Labour Economists,
September 2001.

J. Douglas Gibson Lecture. School of Policy Studies, Queen's
University, Canada, March 2000.

Distinguished Lecture on Economics in Government, Society of
Government Economists, January 2000.

Frank Paish Lecture, Royal Economic Society, April 1999.

``What Do the Recently-Released U.S. Poverty Numbers Tell Us?''
Testimony to the Joint Economic Committee, U.S. Congress,
September 25, 2008.

``Why the United States Needs an Improved Measure of Poverty.''
Testimony to the Subcommittee on Income Security and Family
Support, House Ways and Means Committee, U.S. Congress, July
17, 2008.

``What Does the Unemployment Rate Indicate about the Weak Labor
Market?'' Testimony to the Subcommittee on Income Security and
Family Support, House Ways and Means Committee, U.S. Congress,
April 10, 2008.

``If the Economy's So Bad, Why is the Unemployment Rate So
Low?'' Testimony to the Joint Economic Committee, U.S.
Congress. Hearings on the Release of the February 2008
Unemployment Numbers, March 7, 2008.

``Employment, Job Opportunities, and Inequality among Workers
in the U.S. Economy,'' Testimony to the House Financial
Services Committee. U.S. House of Representatives, Hearings on
the State of the Economy, the State of the Labor Market and
Monetary Policy, February 16, 2007.

``The Causes and Consequences of Rising Out-of-Wedlock
Birthrates.'' Testimony to the Subcommittee on Human Resources,
Ways and Means Committee, U.S. House of Representatives,
Hearings on Welfare Reform, January 13, 1995.

``Current Trends in the Poverty and Income Statistics.''
Testimony to the Subcommittee on Human Resources, Ways and
Means Committee, U.S. House of Representatives, September 10,
1992.

Growth is Not Enough: Why The Recovery of the 1980s Did So
Little to Reduce Poverty. Report to the Joint Economic
Committee, Congress of the United States. Washington, D.C.:
Joint Economic Committee Reports, September 26, 1991.

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?
This position has two important aspects to it: Overseeing the
operations of the Bureau of Economic Analysis and the Census Bureau,
and serving as a source of economic information and statistics within
the Department of Commerce. I am interested in this position because
both of these duties are closely related to my long-term interests and
expertise. Let me address each of them in turn.
Serving as a source of economic information and statistics within
the Department of Commerce: I am an economist by training, and have
spent much of my professional life evaluating the effects of U.S.
policy and the macroeconomy on the well-being and behavior of families.
I have worked on these issues within University settings, as a
researcher and a teacher. I served in two previous administrations
within the White House as an economist dealing with current economic
issues. I was a Senior Staff economist for a year at the Council of
Economic Advisers (CEA) in the George H.W. Bush Administration. In the
Clinton Administration I returned as a member of the CEA and worked for
2 years as a senior advisor and participant in the discussions about
domestic economic issues and related policies within the White House.
Overseeing the operations of the BEA and Census: I am deeply
familiar with the functions of both of these agencies, having worked
closely with their data throughout my career. I have served in various
capacities with the National Research Council of the National Academy
of Sciences, which is regularly asked to write reports about the data
issues that these agencies deal with, and I have served on or written
papers for several of these research panels. I have participated in
panels at professional associations that discussed data issues within
these agencies. I know many of the senior career employees at these
agencies.
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 have served in senior management positions and understand the
necessity for management and accounting controls and the value that
they can provide by reducing risk and improving the overall functioning
of an organization when effectively utilized.
From 1999-2007, I served as Dean of the Gerald R. Ford School of
Public Policy within the University of Michigan. At the Ford School I
was responsible for overseeing all faculty and staff hiring, student
and curricular issues, communication and outreach functions, budgets,
and building issues. My entire time there was spent implementing a
long-term strategic plan for the Ford School, a unit that had been
created from a much smaller program several years before I arrived.
During my time at the Ford School, the organization quadrupled in size,
initiated two major new educational degree programs, established three
new research centers, built a new building, and established a
significant endowment. Much of my management work was spent dealing
with the sort of organizational change that rapid growth can induce.
While serving as Dean of the Ford School, I was also part of the
leadership team at the University of Michigan, a very large educational
and research organization with 32,000 faculty and staff and over 40,000
students. I worked within the budget, human resource, and planning
systems of that University, making sure that they were effectively
implemented within my unit and occasionally working to improve these
systems when needed.
In addition, I have worked on the Boards of Directors of a number
of non-profit organizations, with responsibility for overseeing the
financial and management decision-making within these organizations. I
have run two major research centers, effectively overseeing their
staffing, finances, and program. And I have worked previously in a
senior position inside government, as a Member of the Council of
Economic Advisers, which provided me with some familiarity with Federal
personnel and oversight systems.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
My answer focuses on the top three challenges facing the person who
will serve as Under Secretary for Economic Affairs and head of the
Economics and Statistics Administration within the Department of
Commerce:

1. Ensuring as accurate a count in the 2010 Census as possible.
Given how close we are to the 2010 Census, it must be a top
priority to assist the Census Bureau in executing the strategic
and logistic plans that will make the 2010 Census as complete
as possible. This includes effective outreach to historically
undercounted populations, well-run logistics to hire and train
more than a million enumerators, and the management of
effective systems to gather and process this data as it
arrives.

2. Serving as an effective resource and voice from the
Department of Commerce to those interagency task groups that
are working inside the Administration on issues of economic
import where the Department of Commerce has clear interests.
This includes the range of issues that will affect U.S.
businesses and consumers, from the automobile bailout to health
care reform to climate change. There are a number of major
policy challenges that this Administration is working to
address. The Department of Commerce should be involved in these
discussions to make sure that the impact of any new policy
proposals on the competitiveness and productivity of the U.S.
economy is thoroughly understood.

3. In a deepening economic recession, providing timely
information and advice to the Secretary and to others inside
and outside the Department of Commerce who look to data
produced within the Department of Commerce for current economic
news. In the current uncertain economic climate, the leadership
within Commerce has to be able to speak effectively about the
risks and possibilities facing the Nation and U.S. businesses
and consumers. The Economics and Statistics Administration is
in a particularly important position since it oversees two of
the agencies that produce many of the most closely-followed
economic statistics. ESA must work with the Census Bureau and
the Bureau of Economic Analysis to make sure these data are of
as high quality as possible and are produced in as timely a
manner as possible, and should seek ways to present this data
in the clearest and most usable forms.
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.
When hired at Brookings (7/1/08), I was given a bonus as prepayment
for expected bonuses in the first 2 years of employment, income which
is included in my reported 2008 income. My offer letter explicitly
indicated that I was to repay this bonus (on a pro-rated basis) if I
left Brookings prior to 6/30/2010. If I am confirmed, I will make the
appropriate repayment prior to joining the Department of Commerce.
Depending on how Brookings chooses to deal with this repayment, it will
affect the income that is reported in section E below (not available to
the public).
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain.
I have no commitments or agreements about maintaining an
affiliation with any organization. I expect to maintain my membership
with a set of professional organizations that reinforce my credibility
as an economist and policy analyst. This includes the following
organizations:

American Economic Association

Labor and Employment Relations Association

Association for Public Policy Analysis and Management

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 Commerce'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 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 Commerce'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 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 have signed several petitions that gathered signatures from
economists to support specific legislative initiatives. To the best of
my recollection, this includes a petition in favor of increasing the
minimum wage, a petition supporting revisions to the official poverty
measure, and a petition in favor of the Employee Free Choice Act. I
also recently signed a statement by a group of economists urging states
to do everything possible to limit their cuts to human services in the
current budget crisis.
I have regularly engaged in written and verbal discussions of the
current economy, analyzed policy options and stated my support for a
variety of economic policy approaches. Over the past year, I have been
particularly active in a series of conversations with interested
parties about improved ways to measure U.S. poverty (the poverty
statistics are produced within the Census Bureau.) I have written about
this and spoken about it. There was legislation introduced last year in
the House and Senate to implement an improved poverty measure, which I
verbally endorsed on a number of public occasions.
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 Commerce'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 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.
I have never been personally involved in any litigation or
administrative agency proceeding. In their long history, the
Universities for which I have worked have been regularly involved in
various litigation and administrative proceedings.
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
I. 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.
______

Appendix
Curriculum Vitae--April 2009
resume of rebecca m. blank
Education
Ph.D. in Economics, Massachusetts Institute of Technology, June
1983.

B.S. in Economics, Summa Cum Laude, University of Minnesota,
June 1976.
Employment and Academic Appointments
Brookings Institution, July 2008-present.

Robert S. Kerr Senior Fellow, Economic Studies.

Robert S. Kerr Visiting Fellow, Economic Studies (2007-08).

University of Michigan, August 1999-2008.

Henry Carter Adams Collegiate Professor of Public Policy,
Gerald R. Ford School of Public Policy Professor of Economics,
Department of Economics.

Co-Director, National Poverty Center, 2002-2008.

Joan and Sanford Weill Dean of Public Policy, Gerald R. Ford
School of Public Policy, 1999-2007.

Council of Economic Advisers, Washington, D.C., October 1997-July
1999.

Member-nominee, October 1997-October 1998; Member, October
1998-July 1999.

Northwestern University, September 1989-July 1999.

Director, Joint Center for Poverty Research, 1996-97.

Professor of Economics, 1994-1999; Associate Professor of
Economics, 1989-94.

Research Faculty, Center for Urban Affairs and Policy Research,
1989-99.

Associate Professor, School of Education and Social Policy,
1989-93.

Co-Director, Northwestern/University of Chicago
Interdisciplinary Training Program in Poverty, Race, and
Underclass Issues, 1991-96.

Council of Economic Advisers, Washington, D.C., August 1989-July
1990.

Senior Staff Economist.

Princeton University, September 1983-August 1989.

Assistant Professor of Economics and Public Affairs.

Department of Economics and Woodrow Wilson School of Public and
International Affairs.

Massachusetts Institute of Technology, September 1988-May 1989.

Visiting Assistant Professor of Economics.

University of Wisconsin-Madison, Fall 1985.

Visiting Fellow, Department of Economics and Institute for
Research on Poverty.

Data Resources, Inc., June 1976-August 1979.

Consultant and Educational Coordinator, Chicago Office.
Honors
Outstanding Alumni Achievement Award, University of Minnesota,
2008.

Winter Commencement speaker, College of Liberal Arts, University of
Minnesota, December 2008.

Fellow, American Academy of Arts of Sciences, 2005.

Fellow, Society of Labor Economists, 2006.

Lifetime National Associate, National Academies of Sciences, 2004.

Elected member, National Academy of Social Insurance.

Selected Named Lectures:

Distinguished Public Policy Lecture, Institute for Policy
Research, Northwestern University, April 2009.

Aaron Wildaysky Lecture, Goldman School of Public Policy, UC-
Berkeley, March 2009.

Sulzberger Lecture, Sanford Institute of Public Policy, Duke
University, September 2008.

McMylar Lecture, Department of Economics, Case Western Reserve
University, April 2007.

American Enterprise Lecture, Furman University, March 2007.

Alice Cook Lecture, School of Industrial and Labor Relations,
Cornell University, October 2006.

Kurt W. Rothschild Lecture, Department of Economics, Johannes
Kepler University, Linz, Austria, November 2005.

Bazzani Lecture, Institute for Government and Public Affairs,
University of Illinois, October 2004.

Monroe-Paine Lecture, Truman School, University of Missouri,
March 2003.

Wellington-Burnham Lecture, Department of Economics, Tufts
University, October 2002.

Merrick Lecture, Department of Economics, University of
Virginia, April 2002.

Adam Smith Lecture, European Association of Labour Economists,
September 2001.

J. Douglas Gibson Lecture, School of Policy Studies, Queen's
University, Canada, March 2000.

Distinguished Lecture on Economics in Government, Society of
Government Economists, January 2000.

Frank Paish Lecture, Royal Economic Society, April 1999.

1997 Richard A. Lester Prize for the Outstanding Book in Labor
Economics and Industrial Relations.

1993 David Kershaw prize winner. Awarded bi-annually by the
Association of Public Policy Analysis and Management to the young
scholar (under age 40) whose research has had the most impact on the
public policy process.

1985 Junior Faculty Teaching Award, Department of Economics,
Princeton University.

President, M.I.T. Graduate Economics Association, 1980-1982.

Summa Cum Laude degree in Economics, B.S., University of Minnesota,
1976.

Phi Beta Kappa, 1975.
Publications--Books
Insufficient Funds: Savings, Assets, Credit and Banking Among Low-
Income Households (with Michael S. Barr). New York: Russell Sage
Foundation. 2009, forthcoming. (Co-editor and co-author on one article
in the volume.)

Working and Poor: How Economic and Policy Changes are Affecting Low
Wage Workers (with Sheldon Danziger and Robert Schoeni). New York:
Russell Sage Foundation. 2006. (Co-editor and co-author on two articles
in the volume.)

Measuring Racial Discrimination (with Marilyn Dabady and Connie
Citro). Washington, D.C.: National Research Council, National Academy
Press. 2004.

Is the Market Moral? A Dialogue on Religion, Economics, and Justice
(with William McGurn). Washington, D.C.: Brookings Institution. 2004.

The New World of Welfare. Washington, D.C.: Brookings Institution.
2001. (Co-editor with Ron Haskins and co-author of two articles in the
volume.)

Finding Jobs: Work and Welfare Reform. New York: Russell Sage
Foundation. 2000. (Co-editor with David Card and co-author of two
articles in the volume.)

It Takes A Nation: A New Agenda for Fighting Poverty. Princeton:
Princeton University Press. 1997.

Social Protection vs. Economic Flexibility: Is There a Tradeoff?
Chicago: University of Chicago Press. 1994. (Editor and author of two
articles in the volume.)

Do Justice: Linking Christian Faith and Modern Economic Life.
Cleveland, OH: Pilgrim Press. 1992.
Publications--Journal Articles and Book Chapters
``Economic Change and the Structure of Opportunity for Less-Skilled
Workers.'' In Changing Poverty, Maria Cancian and Sheldon H. Danziger,
eds. New York: Russell Sage Press. Forthcoming.

``A Cautionary Tale About the Use of Administrative Data: Evidence
from Age of Marriage Laws.'' (with Kerwin Charles and James M. Sallee).
American Economic Journal: Applied Economics. 2009, forthcoming.

``The Growing Problem of Disconnected Single Mothers'' (with Brian
K. Kovak). In Making the Work-Based Safety Net Work Better, Carolyn J.
Heinrich and John Karl Scholz, eds. New York: Russell Sage Press. 2009,
forthcoming.

``What We Know, What We Don't Know, and What We Need to Know About
Welfare Reform.'' In Welfare Reform and Its Long-term Consequences for
America's Poor. James Ziliak, ed. Cambridge, UK: Cambridge University
Press. Forthcoming.

``The New American Model of Work-Conditioned Public Support.'' In
United in Diversity? European and American Social Models, Jens Alber
and Neil Gilbert, eds. Oxford, UK: Oxford University Press.
Forthcoming.

Improving the Measurement of Poverty (with Mark H. Greenberg). The
Hamilton Project Discussion Paper 2008-17. December 2008.

``A Christian Perspective on the Role of Government in a Market
Economy.'' In Global Neighbors: Christian Faith and Moral Obligation in
Today's Economy, Douglas A. Hicks And Mark Valeri, eds. Grand Rapids,
MI: Eerdmans. 2008.

``The Changing Incidence and Severity of Poverty Spells Among
Single Mothers'' (with David Card). American Economic Review. Vol
98(2): 387-91. May 2008.

``How to Improve Poverty Measurement in the United States.''
Journal of Public Analysis and Management. Vol 27(2): 233-54. Spring
2008.

``Improving the Safety Net for Single Mothers Who Face Serious
Barriers to Work.'' Future of Children, Vol 17(2): 183-97. Fall 2007.

``Assessing Racial Discrimination: Methods and Measures'' (with
Douglas S. Massey). In Fragile Rights Within Cities: Government,
Housing, and Fairness. John Goering, ed. Lanham, MD: Rowman and
Littlefield. 2007.

``Introduction'' and editor of the special issue, ``Evaluating
Social Policy Changes in EU Countries.'' Journal of Labour Economics.
Vol 13(6):665-6. December 2006.

``Was Welfare Reform Successful?'' The Economists' Voice. Vol
3(4):Article 2. (http://www/bepress.com/ev/vol3/iss4/art2). March 2006.
Reprinted in The Economists' Voice: Top Economists Take on Today's
Problems, Joseph E. Stiglitz, Aaron S. Edlin, and J. Bradford DeLong,
eds. New York: Columbia University Press. 2008.

``Are Less-Educated Women Crowding Less-Educated Men Out of the
Labor Market?'' (with Jonah Gelbach). In Black Males Left Behind,
Ronald B. Mincy, ed. Washington, D.C., Urban Institute Press. 2006.

``What Did the 1990s Welfare Reforms Accomplish?'' In Public Policy
and the Income Distribution, Alan J. Auerbach, David Card, and John M.
Quigley, eds. New York: Russell Sage Foundation. 2006.

``Market Behavior and Christian Behavior.'' In Faithful Economics:
The Moral Worlds of a Neutral Science, James W. Henderson and John
Pisciotta, eds. Waco, TX: Baylor University Press. 2005.

``Poverty, Policy and Place: How Poverty and Policies to Alleviate
Poverty are Shaped by Local Characteristics.'' International Regional
Science Review. Vol 28(4):441-64. October 2005.

``An Overview of Welfare-to-Work Efforts.'' CESifo DICE Report,
Journal of Institutional Comparisons. Vol 3(2): 3-7. Summer 2005.

``Tracing the Economic Impact of Cumulative Discrimination.''
American Economic Review. Vol 95(2):99-103. May 2005.

Comment on ``Assessing the Impact of Welfare Reform on Single
Mothers.'' Brookings Papers on Economic Activity. 2004(1):.96-102.
2004.

``Selecting Among Anti-Poverty Policies: Can an Economist be Both
Critical and Caring?'' Review of Social Economy. Vol 61(4):447-69.
December 2003.

``Economics, Policy Analysis, and Feminism'' (with Cordelia W.
Reimers). In Feminist Economics Today: Beyond Economic Man, Marianne
Ferber and Julie Nelson, eds. Chicago: University of Chicago Press.
2003.

``The Less Skilled Labor Market in Michigan.'' In Michigan at the
Millennium, Chapter 18, Charles L. Ballard, Paul N. Courant, Douglas C.
Drake, Ronald C. Fisher, and Elisabeth R. Gerber, editors. East
Lansing, MI: Michigan State University Press. 2003.

``Changes in the Distribution of Children's Family Income Over the
1990s'' (with Robert Schoeni). American Economic Review. Vol 93(2):304-
8. May 2003.

``U.S. Welfare Reform: What's Relevant for Europe?'' CESifo
Economic Studies. Vol 49(1):48-74. 2003. Reprinted in Hacienda Publica
Espanola, Monografia 2003, pp. 15-36.

``What Do Economists Have to Contribute to Policy Decision-
Making?'' Quarterly Review of Economics and Finance. Vol 42(5):817-26.
Winter 2002.

``Evaluating Welfare Reform in the U.S.'' Journal of Economic
Literature. Vol 40(4): 1105-66. December 2002.

``Can Equity and Efficiency Complement Each Other?'' Labour
Economics. Vol 9(4): 451-68. September 2002.

``Comments on Promoting Economic Literacy.'' American Economic
Review. Vol 92(2): 476-77. May 2002.

``The Clinton Legacy for America's Poor'' (with David T. Ellwood).
In American Economic Policy in the 1990s. Jeffrey A. Frankel and Peter
R. Orszag, eds. Cambridge, MA: MIT Press. 2002.

``The Economics of Welfare Programs.'' In International
Encyclopedia of the Social and Behavioral Sciences, Neil J. Smelser and
Paul B. Baltes, eds. Oxford: Pergamon. 2001.

``Labor and the Sustainability of Output and Productivity Growth''
(with Matthew Shapiro). In The Roaring Nineties: Can Full Employment be
Sustained? Alan B. Krueger and Robert Solow, eds. New York: Russell
Sage. 2001.

``What Can Other Countries Learn About Fighting Poverty from U.S.
Welfare Reform?'' Zeitschrift fur Sozialreform. Volume 47(4):464-80.
July/August 2001.

``Declining Caseloads/Increased Work: What Can We Conclude About
the Effects of Welfare Reform?'' Economic Policy Review. Vol 7(2):25-
36. 2001.

``What Causes Public Assistance Caseloads to Grow?'' Journal of
Human Resources. Vol 36(1):85-118. Winter 2001.

``An Overview of Trends in Social and Economic Well-Being, by
Race.'' In America Becoming: Racial Trends and Their Consequences, Neil
J. Smelser, William J. Wilson and Faith Mitchell, eds. Washington,
D.C.: National Academy Press. 2001.

``Strong Employment, Low Inflation: How Has the U.S. Economy Done
So Well?'' Canadian Public Policy. Vol 26( Supplement):S175-86, July
2000.

``Enhancing Opportunities, Skills, and Security of American
Workers.'' In A Working Nation: Workers, Work and Government in the New
Economy, with David T. Ellwood, Rebecca M. Blank, Joseph Blasi, Douglas
Kruse, William A. Niskanen, and Karen Lynn-Dyson. New York: Russell
Sage Foundation. 2000.

``Comment: The State of British Economics.'' Economic Journal. Vol
110(464):350-54. June 2000.

``Fighting Poverty: Lessons from Recent U.S. History.'' Journal of
Economic Perspectives. Vol 14(2):3-19. Spring 2000. Reprinted in Race,
Poverty and Domestic Policy, C. Michael Henry, ed. New Haven: Yale
University Press. 2004.

``When Can Public Policy Makers Rely on Private Markets? The
Effective Provision of Social Services.'' Economic Journal. Vol
110(462):C34-C49. March 2000.

``Gender and Race in the Labor Market'' (with Joseph Altonji). In
Handbook of Labor Economics, Volume 3C. Orley C. Ashenfelter and David
Card, eds. New York, NY: Elsevier Science Press. 1999.

``What Goes Up Must Come Down? Explaining Recent Changes in Public
Assistance Caseloads'' (with Geoffrey Wallace). In Economic Conditions
and Welfare Reform. Sheldon Danziger, ed. Kalamazoo, MI: Upjohn
Institute. 1999.

``Labor Market Dynamics and Part-time Work.'' In Research in Labor
Economics. Vol 17. Solomon W. Polachek, ed. Greenwich, CN: JAI Press.
1998.

``Trends in the Welfare System.'' In Welfare, the Family, and
Reproductive Behavior: Research Perspectives. National Research
Council, Robert Moffitt, ed. Washington, D.C.: National Academy Press.
1998.

``Contingent Work in a Changing Labor Market.'' In Generating Jobs:
How to Increase Demand for Less-Skilled Workers. Richard B. Freeman and
Peter Gottschalk, eds. New York: Russell Sage Foundation. 1998.

``Why Has Economic Growth Been Such an Ineffective Tool Against
Poverty in Recent Years?'' In Poverty and Inequality: The Political
Economics of Redistribution, Jon Neill, ed. Kalamazoo, MI: W.E. Upjohn
Institute for Employment Research. 1997.

``Research and Policy Reflections on the Structural Changes
Occurring in North American Labour Markets.'' In Transition and
Structural Change in the North American Labour Market, Michael G.
Abbott, Charles M Beach and Richard P. Chaykowski, eds. Kingston,
Ontario: IRC Press at Queen's University. 1997.

``Policy Watch: The 1996 Welfare Reform.'' Journal of Economic
Perspectives. Vol 11(1): 169-77. Winter 1997.

``The Misdiagnosis of Eurosclerosis.'' The American Prospect. No.
30:81-85. January-February 1997.

``State Abortion Rates: The Impact of Policies, Providers,
Politics, Demographics, and Economic Environment'' (with Christine C.
George and Rebecca A. London). Journal of Health Economics. Vol 15:513-
53. Fall 1996.

``Trends in the Working Poor: The Impact of Economy, Family, and
Policy'' (with Rebecca London). In America's Working Poor. Thomas R.
Swartz and Kathleen Maas Weigert, eds. Notre Dame, IN: University of
Notre Dame Press. 1996.

``When Do Women Use AFDC and Food Stamps? The Dynamics of
Eligibility vs. Participation'' (with Patricia Ruggles). Journal of
Human Resources. Vol 31(1):57-89. Winter 1996.

``Trends in Poverty in the United States.'' In The State of
Humanity, Julian L. Simon, editor. Cambridge, MA: Blackwell. 1995.

``Teen Pregnancy: Government Programs Are Not the Cause.'' Feminist
Economics. Vol 1(2):47-58. Summer 1995.

``Poverty and Public Policy in the 1990s.'' In Populations at Risk
in America. George J. Dekko and Michael G. Jackson, eds. Boulder, CO:
Westview Press. 1995.

``Changes in Inequality and Unemployment Over the 1980s:
Comparative Cross-National Responses.'' Journal of Population
Economics. Vol 8(1):1-21. February 1995.

``Outlook for the U.S. Labor Market and Prospects for Low-Wage
Entry Jobs.'' In The Work Alternative: Welfare Reform and the Realities
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Research Working Paper #14038. May 2008.

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Grants Received (excludes institutional grants solicited while Dean)
Charles Stewart Mott Foundation. ``Poverty Reduction Strategies for
the Next Decade.'' June 2008-December 2008.

Joint funding from the Russell Sage Foundation and Spencer
Foundation. ``Social Inequality and Educational Disadvantage.'' July
2008-December 2010.

U.S. Department of Health, Education and Welfare, Office of the
Assistant Secretary for Planning and Evaluation. ``Funding to renew the
National Poverty Center.'' September 2007-August 2010. (Sheldon
Danziger, co-PI).

Ford Foundation, ``Access, Assets and Poverty: The Role of
Financial Services Among Low And Moderate-Income Households.'' January
2007-December 2008.

Charles Stewart Mott Foundation. ``Shifting Resources: Research
Project and Conference.'' January 2004-December 2005.

Joyce Foundation. ``Michigan Conference to Prepare for Welfare
Reform Reauthorization.'' September 2001-January 2002.

U.S. Department of Health, Education and Welfare, Office of the
Assistant Secretary for Planning and Evaluation. ``Funding to establish
the National Poverty Center.'' September 2002-August 2007.

Joint funding from the Annie E. Casey Foundation and Charles
Stewart Mott Foundation. ``The New World of Welfare.'' September 1999-
December 2001.

Russell Sage Foundation. ``Race and Gender in the Labor Market.''
Joint with Joseph Altonji. March 1997-December 1997.

U.S. Department of Health, Education and Welfare, Office of the
Assistant Secretary for Planning and Evaluation. ``Funding to establish
the Joint Center for Poverty Research at Northwestern University and
the University of Chicago.'' July 1995-June 2000 (Robert Michael, co-
PI).

National Science Foundation Research Grant #SBR95-11090. ``An
Analysis of Changing Patterns in Public Assistance Use.'' August 1995-
July 1997.

Joint funding from the Rockefeller Foundation and the Russell Sage
Foundation. ``Changing Poverty/Changing Jobs.'' September 1994-August
1995.

National Science Foundation Research Grant #SES-9209245, ``Labor
Market Dynamics and the Use of Part-time Work.'' November 1992-October
1994.

Joint Statistical Agreement, U.S. Bureau of The Census, ``Multiple
Program Use in a Dynamic Context in the Survey of Income and Program
Participation.'' September 1991-August 1992.

Jerome Levy Economics Institute, Research Project on the
Distribution of Income and Wealth, ``Why Are Poverty Rates So High in
the 1980s?'' September 1990-July 1991.

National Science Foundation, Visiting Professorships for Women
Award, ``Exploring Income Opportunities for Low-Income Households,''
September 1988-July 1989.

National Science Foundation Research Grant #SES-8606456,
``Analyzing the Nature and Extent of Welfare Income Dependency,''
August 1986-July 1988.

Small Grants Program Award, Institute for Research on Poverty,
University of Wisconsin, 1984.

Sloan Foundation Graduate Fellowship, 1982-1983.

National Science Foundation Graduate Fellowship, 1979-1982.
Selected Professional Activities
Within Professional Organizations in the Social Sciences or Policy
National Academy of Sciences

Member, Division Committee for the Behavioral and Social
Sciences and Education (DBASSE), National Research Council,
2003-08.

DBASSE Executive Committee member, 2005-08.

Member, Committee on the Fiscal Future of the United States,
2008-present.

Chair, Workshop to Reconsider the Federal Poverty Measure,
Committee on National Statistics, 2004-05.

Chair, Panel on Methods for Assessing Discrimination, Committee
on National Statistics, 2001-2004.

Member, Panel on Poverty Measurement and Family Assistance,
Committee on National Statistics, 1992-95.

Association for Public Policy Analysis and Management

President, 2007.

Executive Committee member, 2006-08.

Policy Council member, 2001-04.

Public Policy and International Affairs Program

Board Chair, 2003-06.

Vice Chair, 2001-03.

American Economic Association

Vice President, 2007.

Executive Committee member, 1995-97.

Committee on the Status of Women in the Economics Profession (a
subcommittee of the American Economic Association). Chair,
1993-96. Executive Board Member, 1990-96.

Midwest Economic Association

President, 2001-02.

Vice-President, 1994-95.
Within Research Organizations
Faculty Research Associate, National Bureau of Economic Research,
1990-present. Faculty Research Fellow, 1985-1990.

Faculty Associate, National Academy of Sciences, 2004-present.

Research Fellow, IZA, Bonn. 2007-present.

Faculty Affiliate, Institute for Research on Poverty, 1994-present.
Journal Affiliations
Board of Editors, American Economic Journal: Economic Policy, 2007-
present.

Co-Editor, Labour Economics, 2004-2007. Associate Editor, 2007-
present.

Co-editor, Journal of Human Resources, 1995-97.

Board of Editors, American Economic Review, 1993-97.

Advisory Board, Journal of Public Economics, 1993-97.

Advisory Board, Journal of Economic Education, 1992-97, 2002-
present.

Advisory Board, Feminist Economics, 1994-97.
Selected Advisory Committees and Board involvement
Board of Directors, MRDC (formerly Manpower Demonstration Research
Corporation.) 1993-97, 2000-present.

Board of Trustees, Urban Institute, 2007-present.

Board of Directors, Economic Policy Institute, 2008-present.

Visiting Committee, Kennedy School of Government, Harvard
University, 2004-present.

Advisory Council, Spotlight on Poverty and Opportunity, 2007-
present.

Scientific Advisory Committee, DIW (a research/policy think tank),
Berlin, Germany, 2001-2004.

Honorary Advisory Council, DIW-DC, 2008-present.

Board of Directors, Center for Budget and Policy Priorities, 1994-
97.

Advisory Committee, New Hope Project (a job training and employment
program), Milwaukee, WI, 1992-97.

Advisory Committee, Job Corps Evaluation being run by Mathematica
Policy Research, under contract for the Department of Labor, 1993-97.

Advisory Committee on Poverty Research, Russell Sage Foundation,
1994-97.

Research Advisory Committee, W.E. Upjohn Institute for Employment
Research, 1995-96, 2000.

Senator Warner. Thank you, Ms. Blank, thank you for your
testimony. And I think we all love those one-page analysis
papers.
[Laughter.]
Senator Warner. Mr. Babbitt?

STATEMENT OF J. RANDOLPH BABBITT, ADMINISTRATOR-

DESIGNATE, FEDERAL AVIATION ADMINISTRATION,

U.S. DEPARTMENT OF TRANSPORTATION

Mr. Babbitt. Thank you, Mr. Chairman, Ranking Member
Hutchison, and Members of the Committee for the privilege of
being able to address you today. It's an honor for me to appear
before you today as President Obama's nominee for the
Administrator of the Federal Aviation Administration. And I
must admit that I'm flattered, and quite honestly, humbled by
this nomination, and the opportunity to serve our Nation,
Secretary LaHood, and the President.
Senator Warner, thank you, sir, for your kind introduction
as we got underway.
I, too, would ask for your indulgence to allow me to take a
moment to introduce my family. I have a couple of family
members here with me today. My wife, Kathy Babbitt, along with
my daughter and son-in-law, Heather and Mike Warstler. I have a
contingency in Illinois watching, too, I believe.
By way of background, I have been involved in flying since
I was 16 years old, when I soloed. I began flight instructing
while I was in college, and I left college early to pursue my
goal of becoming an airline pilot back in 1966. And while
flying professionally, I became active in the Air Line Pilots'
Association, involved in both representation and labor
relations.
In 1990, my work in the Air Line Pilots' Association, led
to my election as its president, and I remained in office there
until 1998. Afterwards, I continued to pursue my passion in
aviation as a private consultant.
In 1999, I had the honor of being nominated by President
Clinton, to serve as a member of the FAA's Management Advisory
Council, and last summer I had the privilege of serving on the
Department of Transportation's Internal Review Team at the
request of the former Secretary, Mary Peters.
This team consisted of 5 members that had aviation, safety
and risk management backgrounds. Our task was to review and
report, on the background and the situation surrounding the
groundings of two major carriers' aircraft at great expense to
carriers, and at great inconvenience to their passengers.
During my aviation career of more than 40 years, I have had
the opportunity to work closely with the FAA, with industry
leaders, and with Members of Congress on major aviation safety
issues, including one of which I'm personally most proud, ``One
Level of Safety.''
I led this project in 1993 while I was President of ALPA.
This program required regional carriers to begin to operate
under the same rules, and at the same level of safety as their
major carrier counterparts. If confirmed, I intend to build on
my extensive experience in this industry to meet the Agency's
current and future challenges. And our challenges are not
small. We need to ensure that the world's safest skies become
even safer, and that we continue to be recognized as the world
leader of aviation safety. We need to move quickly and
efficiently to implement our Next Generation Air Transportation
(NextGen) to maximize our aviation systems' efficiency.
We can move our aircraft more quickly, and we can move them
more efficiently with less carbon impact and smaller footprints
and less noise with our new technology. But we need to move
aggressively with implementation jointly by all of our
stakeholders.
And within the FAA, we need to regain internal labor
stability, neutral trust, and build on the can-do spirit of the
entire FAA workforce, and we need to ensure the FAA's
accountability and credibility in the delivery of its goals,
its budgetary compliance, and its safety standards.
Mr. Chairman, I am honored by the trust that the President
has placed in me as his nominee, and if confirmed, I pledge to
do my utmost to guide the FAA through the many challenges that
lie ahead, and I hope to use my experience to take our aviation
system to a new peak of safety and efficiency with the same
skill and judgment as shown by my colleagues in aviation.
I'd also like to thank this Committee, again, for its
consideration of my nomination, and I look forward to working
with you closely should the Senate act favorably.
I also would be happy to take any questions that you might
have.
[The prepared statement and biographical information of Mr.
Babbitt follows:]

Prepared Statement of J. Randolph Babbitt, Administrator-Designate,
Federal Aviation Administration, U.S. Department of Transportation
Thank you Mr. Chairman, Ranking Member Hutchison, and Members of
the Committee for the privilege of addressing you today. It is an honor
to appear before you as President Obama's nominee for the Administrator
of the Federal Aviation Administration, and I must admit that I am
flattered and, quite honestly, humbled by this nomination and the
opportunity to serve our Nation, Secretary LaHood and the President.
Before I begin, if I may, I would like to take a moment to
introduce some of my family that have joined me today, my wife, Kathy
Babbitt and my daughter and son-in-law, Heather and Mike Warstler. I am
grateful that they could be here with me today. The understanding and
support of my family have reinforced me in some challenging times over
the years.
By way of background, I have been involved in flying since I was 16
years old when I first soloed. I continued flying and began flight
instructing while in college. I left college early to pursue my goal of
becoming an airline pilot in 1966. While flying professionally I became
active in the Air Line Pilots Association, both in representation and
labor relations. In 1990, my years of work with ALPA led to my election
as President. I remained in office until 1998. AL PA itself is a large
organization and represented at the time, over 40,000 professional
pilots with a staff of almost 500 employees, a majority of whom were
represented by unions.
After I left ALPA, due to the bankruptcy of my carrier, Eastern
Airlines, I continued to pursue my passion in aviation as a private
consultant.
In 1999, I had the honor of being nominated by President Clinton to
serve as a member of FAA's Management Advisory Council and in 2006 I
was elected Chairman of the Council. Last summer I had the privilege of
serving on DOT's Internal Review Team at the request of former
Secretary Mary Peters. This team consisted of five members with
aviation safety and risk management backgrounds who were asked to
review and report on the events surrounding the grounding of two major
airlines' aircraft that resulted in enormous expense to those carriers
and major disruptions to their passengers.
During my more than 40 years in aviation, I have had the
opportunity to work closely with the FAA, industry leaders, and airport
officials. I have worked in labor relations with airline management and
their labor unions. I have worked with Members of Congress on major
aviation safety issues, including one of which I am most proud, ``One
Level of Safety.'' I led this project in 1993 while I was President of
ALPA. This program resulted in a major reworking of Federal regulations
that required Regional Carriers to operate under the same rules and at
the same level of safety as their Major Carrier counterparts.
I have seen first-hand the importance of cooperation and
partnership between the stakeholders in advancing safety. I am quite
proud of signing the first Flight Operations Quality Assurance (FOQA)
letter with FAA Administrator, David Hinson, in 1995.
If confirmed, I intend to build on my extensive experience to meet
the agency's current and future challenges by working to foster better
communication within the aviation community including the flying-
public, the manufacturers, the airlines, labor, the general aviation
community and transportation leaders.
But our challenges are not small:

We need to ensure that world's safest skies become even
safer and that we are recognized as the world leader of
aviation safety.

We need to move quickly and efficiently to implement our
NextGen Air Traffic Modernization program to maximize the
aviation system's efficiency and to accommodate anticipated
increases in traffic.

We can move our aircraft more quickly, more efficiently with
less carbon impact with our new technology, but we need to move
aggressively with implementation jointly with all of our
stakeholders.

Within the FAA, we need to regain internal labor stability,
mutual trust and build on the ``can do'' spirit of the entire
FAA workforce.

We need to work to ensure the FAA's accountability and
credibility in delivery of its goals, budgetary compliance and
safety standards.

I appreciate that later this year this Committee will consider the
reauthorization of the FAA's programs. It will be a time to assess the
agency's performance, set priorities, and support its missions with the
necessary funding. If confirmed as Administrator, I will work closely
with the Committee to help ensure that FAA's reauthorization process
provides a platform to take our system to a new peak of safety and
efficiency and provides wise use of the monies paid by our taxpayers
and traveling public.
Mr. Chairman, I am honored by the trust the President has placed in
me as his nominee. If confirmed, I pledge to do my utmost to guide the
FAA through the many challenges that lie ahead and I hope to use my
experience with the same level of skill and judgment shown by my
colleagues in aviation. I would like to thank this Committee again for
its consideration of my nomination, and I look forward to a close
working relationship should the Senate confirm me. I would be pleased
to answer any questions you may have.
______

a. biographical information
1. Name (Include any former names or nicknames used):

Jerome Randolph Babbitt, J. Randolph Babbitt, Randy Babbitt.

2. Position to which nominated: Administrator of the Federal
Aviation Administration.
3. Date of Nomination: May 11, 2009.
4. Address (List current place of residence and office addresses):

Residence: Information not released to the public.

Office: 10780 Parkridge Blvd, Suite 75, Reston, VA 20191.

5. Date and Place of Birth: June 9, 1946; Miami, FL.
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: Katherine Hepfner Babbitt, Self employed Fitness
Instructor; children: Tiffany Lane (Babbitt) Shuster, age 40
and Heather Leigh (Babbitt) Warstler, age 37.

7. List all college and graduate degrees. Provide year and school
attended.

No College degrees.

Attended University of Georgia--1964-65.

University of Miami (FL)--1965-66.

George Mason University--1983-84.

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.

Pilot, Eastern Airlines (1966-1991).

Executive Administrator, Air Line Pilots Association (1985-
1990).

President, Air Line Pilots Association (1991-1998).

Principal of Babbitt & Associates (1999-2001).

Founder, Chairman and CEO of Eclat Consulting (2001-2007).

Partner, Oliver Wyman (2007 to 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:

Member and past Chairman of the FAA Management Advisory Council
Member since September of 2000 and was Chairman in 2006.

Member of the 2008 DOT Internal Review Team appointed by
Secretary Peters, May through August of 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.

Eclat Consulting, Chairman and CEO (Mar. 2001 to Sep. 2007).

Oliver Wyman, Partner, (Sep. 2007 to present).

Access National Holding Company, Director, (Dec. 1999 to
present).

National Capital Area Council, BSA, Executive Board Member,
(2000 to present).

Edge City Holdings & eCitie Restaurant, Limited Partner, (2000
to present).

Saint Marks Church, Oakton, VA (1995 to present)--While this is
a Catholic Church, people of all religious beliefs are welcome
and membership is not based on religion.

National Capital Area Council (NCAC), Executive Board Member--
Boy Scouts of America (2000 to present)--The Boy Scouts
restrict membership based on sex and sexual orientation. (If
confirmed, in accordance with my ethics agreement, I will
resign from the NCAC Executive Board).

Lake Anna Civic Association (1992 to present)--There are no
restrictions on membership.

Friends of Senator Rockefeller--May 2004--$500.

Nikki Tinker for Congress--Feb. 2006--$500.

Nikki Tinker for Congress--July 2006--$500.

Dean Scontras for Congress--Sept. 2007--$500.

Nikki Tinker for Congress--June 2007--$500.

Nikki Tinker for Congress--Sept. 2007--$500.

Nikki Tinker for Congress--June 2008--$1,000.

15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Recognized in 1998 by Aviation Week & Space Technology with the
Laurels Award for outstanding achievement in the field of Commercial
Air Transport.
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.

Panelist at 4th Annual FAA International Aviation Safety
Forum--DCA (November 2007).

Speaker and Presenter at the FAA Forecast Conference--DCA
(April 2006).

Speaker and Presenter at the NBTA Business Travel Financial
Forum--NYC (March 2008).

Speaker and Presenter at the Environmental Business Coalition--
Wind Energy Conference--BOS (May 2008).

Report of the DOT Independent Review Team--Charged by Secretary
of Transportation Mary Peters to ``Examine the FAA's Safety
Culture and Approach to Safety Management''--(Sep 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.
I have testified before Congress numerous occasions during my
tenure as President of ALPA from 1991 through 1998. The testimony in
this time-frame generally was focused on aviation safety and regulatory
oversight issues. I also testified in my nomination to the Federal
Aviation Management Advisory Council.

Title: Nominations to the Federal Aviation Management Advisory
Council
Date: May 4, 2000
Committee on Commerce, Science, and Transportation. Senate

Title: Reauthorization of the FAA and Airport Improvement
Program in Light of the Recommendations of the National Civil
Aviation Review Commission
Date: Mar. 12, 18, 19, 25, 1998
Committee on Transportation and Infrastructure. House

Title: Aviation Competition Enhancement Act of 1997
Date: Oct. 28, 1997
Committee on Commerce, Science, and Transportation. Senate

Title: H.R. 991, To Apply the Railway Labor Act to Pilots
Engaged in Flight Operations Outside the U.S.
Date: Sept. 9, 1997
Committee on Transportation and Infrastructure. House

Title: Proposal To Require Traffic Alert and Collision
Avoidance Systems on Cargo Aircraft
Date: Feb. 26, 1997
Committee on Transportation and Infrastructure. House

Title: Aviation Safety: Should Airlines Be Required To Share
Pilot Performance Records
Date: Dec. 13, 14, 1995
Committee on Transportation and Infrastructure. House

Title: Restructuring Air Traffic Control As a Private or
Government Corporation
Date: Feb. 14, 15, 23, 1995
Committee on Transportation and Infrastructure. House

Title: Oversight Hearing on Aviation Safety
Date: Jan. 12, 1995
Committee on Commerce, Science, and Transportation. Senate

Title: H.R. 4957, To Amend the Railway Labor Act Concerning the
Applicability of Requirements of That Act to U.S. Air Carriers
and Flight Crews Engaged in Flight Operations Outside the U.S.
Date: Oct. 5, 1994
Committee on Public Works and Transportation. House

Title: Adequacy of Commuter Airline Safety Regulations
Date: Feb. 9, 1994
Committee on Public Works and Transportation. House

Title: To Amend the National Labor Relations Act and Railway
Labor Act To Prevent Discrimination Based on Participation in
Labor Disputes
Date: May 5, 1993
Committee on Public Works and Transportation. House

Title: Financial Condition of the Airline Industry
Date: Feb. 17, 18, 24, 1993
Financial Condition of the Airline Industry

Title: Government and Industry Programs Related to Aircraft
Deicing and Other Safety Matters
Date: Aug. 4, 1992
Committee on Public Works and Transportation. House

Title: Commuter Airline Safety
Date: Mar. 17, 1992
Committee on Public Works and Transportation. House

Title: Airline Competition and Consumer Protection Legislation
Date: May 15, 22, 1991
Committee on Public Works and Transportation. House

Title: Prohibiting Permanent Replacement of Striking Workers
Date: Apr. 10, 1991
Committee on Public Works and Transportation. House

Title: Review of U.S. International Aviation Policy and
Bilateral Agreements
Date: Mar. 19, 21, May 9, 1991
Committee on Public Works and Transportation. House

Title: Our Nation's Transportation and Core Infrastructure
Date: Feb. 20, Mar. 5, 20, Apr. 17, May 16, 1991
Committee on Public Works and Transportation. House

Title: Foreign Investment and International Route Sales
Date: Feb. 19, 1991
Committee on Commerce, Science, and Transportation. Senate

Title: Financial Condition of the Airline Industry and the
Adequacy of Competition
Date: Feb. 5, 6, 1991
Committee on Public Works and Transportation. House

Title: Pension Benefit Guaranty Corporation: Does the Federal
Government Protect Retirement Income
Date: Mar. 26, 1990
Committee on Government Operations. House

a. Maintaining and improving the public's and stakeholder's
confidence in FAA's ability to provide oversight of aviation
including oversight of air carrier operations, external repair
facilities and runway safety initiatives.

b. Establishing priorities for NextGen, benchmarking
commitments with stakeholders, and proceeding to align them in
budget requests and final plans. The final plans should be
implemented transparently and responsibility, with
accountability clearly defined.

c. Ensure the proper staffing of the safety work forces
including Air Traffic Controllers, Safety Inspectors and
assuring that human factor issues are addressed for all safety
related personnel.
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.
If confirmed, I plan to sever my employment with Oliver Wyman.
Effective with my resignation, I will receive a prorated portion of my
2009 guaranteed bonus. However, as set out in my ethics agreement
referenced below, I will forfeit rights to any other payments from
Oliver Wyman.
I currently receive pension plan payments from two previous
employers:

Eastern Airlines (Obligation assumed and paid by the PBGC).

Air Line Pilots Association (Obligation was satisfied by a
purchased by MetLife) Annuity now in my name and thus paid
directly.

2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain: No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
ethics official to identify potential conflicts of interest. Any
potential conflicts of interest will be resolved in accordance with the
terms of an ethics agreement that I have entered into with the
Department's designated agency ethics official and that has been
provided to this Committee. I am not aware of any other potential
conflicts of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
ethics official to identify potential conflicts of interest. Any
potential conflicts of interest will 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.
In my capacities as the President of the Air Line Pilots
Association (ALPA), I advocated for regulatory changes as well as
policies and legislation at the Federal level. All activities were on
behalf of ALPA and the pilots represented by ALPA. I advocated for
increased aviation infrastructure funding, as well as program funding
and research to improve safety of both airline employees and the
traveling public. I have also testified before Congress on specific
topics such as: regulatory changes to ensure ``one level of safely''
for commercial airline transportation; funding of the Airport and
Airways Trust Fund; pension reform; Extraterritorial application of the
Railway Labor Act; support for airborne Traffic Alert and Collision
Avoidance Systems; Commuter Airline Safety and Reauthorization of the
FAA and Airport Improvement Program.
Earlier this year I volunteered time and thoughts for the Obama
Labor Policy Transition Team on the subject of the Railway Labor Act
and where and how the Act itself or the implementation of the policies
set by the National Mediation Board might be modified to ensure the
goals of the Act are achieved.
In my current role as a Partner for Oliver Wyman I have assisted
clients to help analyze data to represent their own interests in
Legislative or administrative proceedings. For example, my former firm
(Eclat Consulting) was retained by American Airlines in 2006 to
evaluate and model the traffic and financial effect of proposed
modifications to the Wright Amendment and the potential impact on hub
flow and small city connections if passengers diverted from Dallas-Fort
Worth Airport to Love Field. Any potential conflicts of interest
stemming from my work with these clients 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.
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.
I was a party in the divorce settlement, a civil proceeding, in
1978 from Paulette Peyton Babbitt, Mrs. Paulette Craft today.
As President of the Air Line Pilots Association (ALPA) I was
involved in numerous civil proceedings both as a Defendant and as a
Plaintiff in cases that would be considered routine in pilot
representation. I have also been called upon to testify in arbitration
cases of collective bargaining disputes and also as a witness in both
civil and labor disputes in Federal courts.
My former company, Eclat Consulting was party to civil litigation
(Eclat vs. PA Consulting) where my company and my partners and I were
Defendants in a dispute during 2002. PA Consulting alleged that we were
aware that one of their employees was going to breach his contract with
the firm. This case was settled by the parties out of court.
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 j. randolph babbitt
Oliver Wyman, Partner (2007 to present)

I lead a highly qualified and experienced team in serving
Oliver Wyman's global client base, providing a broad spectrum
of practical expertise and consulting.

Eclat Consulting, Founder, Chairman and CEO (2001-2007)

I was the founding partner of Eclat Consulting, a highly
successful aviation consultancy, in 2001 and was the President
and CEO until Eclat was acquired by Oliver Wyman in 2007.

Babbitt & Associates, Principal (1999-2001)

I was the founder and principal of Babbitt & Associates in
1999, a small but successful boutique consultancy specializing
in labor relations and labor cost evaluation and financial
modeling. Clients included both domestic and international with
substantial work done in both Argentina and Belgium.

Air Line Pilots Association, Executive Administrator (1985-1990),
President (1991-1998)

I served as President and CEO for U.S. ALPA, the world's
largest professional organization of airline pilots. I
developed strategies to address the impact of competition,
consolidation and globalization on the airline industry and its
workforce.

Pilot, Eastern Airlines (1966-1991)

FAA Management Advisory Council, Past Chairman and Current Member
(2000-Present)

I helped direct and achieve improvements in aviation safety and
regulatory policy.
Appointments and Awards
The Laurels Award for outstanding achievement in the field of
Commercial Air Transport from Aviation Week & Space Technology
Appointed to the special Internal Review Team in 2008 by DOT
Secretary Mary Peters to assess safety oversight within the airline
industry and the FAA.

Senator Warner. Thank you, Mr. Babbitt.
And let me, again, thank all of the nominees--one, for
their willingness to serve; two, you all have extraordinarily
important challenges in front of you. I hope this Committee
will act quickly on your nominations.
I have to apologize and head off to another session, so I
believe I'm supposed to be turning over the gavel to Senator
Udall. As somebody who has only been here for 127 days, to get
the gavel for 45 minutes and have to turn it over after 45
minutes, it's a little challenging.
[Laughter.]
Senator Warner. I will submit my questions for the record,
and I look forward to working with all of you.
And Senator Udall, I'd ask you to step into the chair,
thank you. Begin the first round of questions.

STATEMENT OF HON. TOM UDALL,
U.S. SENATOR FROM NEW MEXICO

Senator Udall. Senator Warner, I'm going to defer and allow
Senator Begich to take over here, if that's all right with you.
[Laughter.]
Senator Warner. Well, it might be all right with me, we'd
better make sure it's all right with Senator Lautenberg, too,
though.
[Laughter.]
Senator Lautenberg. With this group of excellent
candidates, Mr. Chairman, handling the gavel would be a
pleasure. I assume that I speak for both sides, but each one
can make their choices individually.
So, I thank you, I decline the honor if I might, and
suggest that that person who would know something about
aviation and distance and so forth.
Senator Warner. Thank you. Senator Begich?

STATEMENT OF HON. MARK BEGICH,
U.S. SENATOR FROM ALASKA

Senator Begich [presiding]. You know, I don't know if it's
because I'm the last one on the row here, but I'll be happy to
chair. I think we all have other meetings we're rushing back
and forth to.
I'm not sure where the list is, I'm looking to staff to see
who the first is, but I'm going to go to Senator Lautenberg
because he graciously allowed me to be Chair for a second--then
I'll flip it over. I'm waiting for the list, here, in a second.
Just to be fair, I have a feeling I might have been first here.
I was, but I'm going to first give it to Ranking Member
Hutchison. And, I'll turn to you first, if that's OK, Senator
Lautenberg, and then I'll come back.
Senator Hutchison, or--?
Senator Lautenberg. Senator Hutchison?
Senator Hutchison. I'd be happy to for you to go first.
Senator Begich. There we go.
Senator Lautenberg, you're on. Rock and roll.
[Laughter.]
Senator Lautenberg. You know, you've brought us all
together. You didn't just bring the largest number of people I
have ever seen at a hearing in this room, and we've been
through war and peace, and economic disruption, but the
popularity that each of you brings to this is really
astounding.
And, with that, I want to say that this handoff is not one
that has anything to do with your interest here, or ability, it
has to do with overcrowded schedules.
Mr. Babbitt, the FAA has taken a major Airspace Redesign
Project in New Jersey, New York, and the Philadelphia region,
and it's going to result in a major overhaul of flight patterns
there.
Unfortunately, the FAA has not adequately included the
front-line air traffic controllers in the FAA's plan, in my
view. Would you hold the implementation of the Airspace
Redesign Project until you see that the interested parties, who
have value to contribute, will be included?
Mr. Babbitt. Senator, I'm not exactly certain where that
process stands at this point in time. I do understand there is
some litigation surrounding it, so I'm not sure legally just
what I could agree to do and not do.
But I would suggest to you that--on a personal basis--I
would really like to solicit the input from all of the
stakeholders in that area. The Secretary has announced a
program to resolve some outstanding issues with the air traffic
controllers. At this point in time, they haven't been active
participants in this Redesign. I think it's very important--
that they do play a role in this.
So, I can assure you that I would certainly pursue, and try
and get the input of everybody, to the extent the law allows
me, at this point.
Senator Lautenberg. I'm happy to hear you say it, and we're
not being presumptive--there is an automatic that says, ``If
you are confirmed,'' everybody understands it. If you're not,
it'll be a miracle.
Mr. Porcari, you had your advocates here really in tune. It
was among the most glowing endorsements that I've heard for a
nominee. And so when you hear what Senator Mikulski and Senator
Cardin had to say, you come with excellent credentials
supported by the momentary Chairman.
Now, last week Senator Rockefeller and I introduced
legislation that would establish a long-overdue National
Surface Transportation Policy, as well as set performance goals
for the Nation's surface transportation system.
Do you believe that we need a national transportation plan
that puts performance-based measures on our Federal
transportation programs? I mean, to me, it's quite obvious that
we have neglected to make the same investments in rail, for
instance, that we have in highways and aviation. None of those
three legs has had sufficient investment, and it's something
that we're going to have to look forward to fixing in the years
ahead.
But is there a performance-based test that you see, that
will help us measure how much of an investment, how much of an
effort that we put into each of these legs?
Mr. Porcari. Senator, first, Secretary LaHood and his team
have been very strong advocates of a balanced transportation
system that includes all modes, and that balance, obviously,
means different things in different places--urban, rural and
suburban areas. Also, performance measures fit very closely
into that paradigm, as well.
If confirmed, I look forward to working closely with
Secretary LaHood and his team, to help build that balance, and
maintain that balanced system, including a fresh look at all of
the modes, and the increasing capacity constraints that we have
in some of them, and again, the different solutions that are
needed in different places.
Senator Lautenberg. I would, again, ask you a question, Mr.
Babbitt. In 2006, the former FAA Administrator informed me that
Newark Liberty air traffic control tower needed at least 35
full-performance controllers to move the traffic safely. Now,
there are only 26 certified controllers and 7 trainees.
This airport is a very busy and very cumbersome airport in
terms of delays. I think we have the crown, unfortunately, for
being the most belated airport.
If confirmed, can you assure us that the Newark tower will
be staffed to the volume of performance that we require there?
Mr. Babbitt. Senator, it's my hope that every tower in this
country will be staffed and manned to the highest possible
degree.
As you recall there were a number of controllers--a
substantial number of controllers--hired in bulk at a certain
period in time, and that has led to a bubble of a lot of the
controllers being of a similar age, or in a band of age, which
has resulted in a substantial number of retirements, and that's
not going to go away in the next 2 or 3 years.
So, I will give you my assurance that we're going to look
at training facilities and mechanisms, centers of excellence,
and the like, to get controllers, and, people in the TRACON,
the en route centers--everyone--at a fully-qualified level, and
not have to depend on trainees to supplement the staffing.
Senator Lautenberg. Thank you.
Thank you, Madame.
Senator Begich. Senator Hutchison is next.
Senator Hutchison. Thank you.
I want to ask all of you to answer a question--this is my
Ranking Member question: the Committee, and our members, have
long-enjoyed a close and productive working relationship with
agencies under our jurisdiction. We rely on the legal and
technical expertise of the agency staff when we are drafting
legislation. I would ask each of you to answer if you and your
staff will respond to every member of the Committee on both
sides of the aisle for this kind of help, as we are doing our
job of oversight and drafting?
Mr. Babbitt?
Mr. Babbitt. Absolutely, Senator.
Dr. Blank. Absolutely.
Mr. Chopra. Yes.
Mr. Porcari. Yes.
Mr. Strickling. Yes, Senator, I think it's a critical part
of each of our jobs.
Senator Hutchison. Thank you, thank you. I appreciate that.
Mr. Porcari, Secretary LaHood recently announced that he
was moving forward with the antitrust immunity of two airline
applications to the Department for alliances--the Continental-
Star alliance and the American Airlines-British Airways
alliance, which are very important for the competitive
landscape in America. I would ask you if you will commit to
moving expeditiously in this process for those applications to
be considered? I'm not asking you for the final conclusion, but
just that the Department know that time is very important in
these decisions. And I fear another merger mania if we don't
have these kinds of opportunities for competitive alliances
that would put off the need for mergers.
So, my question is, really, will you move forward
expeditiously in the process, so that a final decision can be
made in a timely manner?
Mr. Porcari. Yes, Senator. I understand that moving
expeditiously--considering the antitrust immunity request--is
important.
I would point out, on a personal note, at BWI Thurgood
Marshall Airport, the One World Alliance antitrust immunity
antitrust application is an important part of that strategy,
and I should note for the Committee that I am a party of
record, in that case.
Senator Hutchison. Thank you. That's very good. I really
believe that our airlines are trying to stay independent, and
that these alliances foster that goal. I think it's in the
traveling public's best interests that they remain so. So, I
thank you for that.
Mr. Babbitt, NextGen implementation is, I hope, your
highest priority. We have been working on this issue for a long
time and I would ask you how you are going to proceed on that.
All of the people in aviation--both the consumers, as well as
the airline and aviation community want to see how this will
benefit them; what do you consider to be your responsibility as
you proceed?
Mr. Babbitt. Well, first, of course I know we all accept
that safety will be my number one priority. But, in terms of
implementing NextGen, that is one of the highest priorities
before us--the FAA, and myself, personally.
Currently, there is an industry-wide task force under the
umbrella of the RTCA that is looking at, what the users
actually want. What technology do they have on-board their
aircraft? What technology exists at airports that will allow us
to begin to implement a lot of the key functions of the next
generation of air navigation and aircraft separation?
There is no need for new technology. We don't need a
Manhattan Project to move forward. We have a carrier, right
now, in Louisville, that has a wonderful program going, where
they guide over 100 aircraft every night using the NextGen
technology we have today. And they have continuous descent
approaches, meaning they're saving 400 to 500 pounds of fuel,
every arrival; that the noise footprint that they lay down over
the City of Louisville is much smaller than it existed before.
We have this technology, so we need to find where we can deploy
it, and deploy it efficiently. Obviously, I'm going to be able
to turn to some very helpful people, here, with the team that
the President has assembled, and we can do this strategically.
And what I mean by strategic implementation--there are
places where we will gain the biggest advantage in terms of
reducing delays, rather than doing things on a linear basis.
Senator Hutchison. Mr. Strickling, I want to hear from you
that DTV transition is your highest priority. As you know, this
Committee agreed after much discussion and much dissention
among all of the interest groups to delay the DTV transition,
but a lot of people have had to make added investments and it
has been a hardship in many ways. But we felt that there were
not enough people aware of the transition, who would, all of a
sudden, lose any kind of television reception.
So, my question is, is it your highest priority, and what
are your plans to move forward?
Mr. Strickling. Yes, Senator. If confirmed, it absolutely
will be our highest priority.
As you know, the transition will take place in a little
more than 3 weeks. The good news is that since the extension
from February, over 3 million households have now become ready
for the transition, that would not have been ready back in
February. So, I think the Committee, the Senate and the
Congress should take comfort in the fact that the extension has
well served the American public.
Between now and June 12, the NTIA is very closely
monitoring the situation. As you know, with the coupon program,
there were concerns in February about a backlog, and about the
availability of funds to provide, to pay for the coupons that
needed to be issued at that time.
Today, as I understand it, there is no backlog. NTIA
believes there are adequate funds available to provide coupons
to the estimated number of un-ready households. And while it
would not be surprising to see some upsurge in requests for
coupons as we approach June 12, everything would indicate that,
at most, it will mean a few days' delay in people getting
coupons if, in fact, the daily processing capabilities of the
system are taxed.
And today, they are not. Today the system is processing
fewer coupons than it has capacity to process.
So, all signs look to be promising for a smooth transition
on the 12th, in terms of the coupon program, but we--in NTIA
and I, if I am confirmed, will certainly pay very close
attention to that over the next several weeks.
Senator Hutchison. Thank you.
Mr. Chairman, it is my understanding that the Chairman of
the Committee would like to consider these nominations tomorrow
at our Executive Session. We have notified all of the
Republicans and no one objects.
But, I have questions for the record and I would like to
ask that, for you to go forward, any written questions that you
will get today need to be back in by 6 p.m. today for us to be
able to have the full information for that consideration.
So, we will notify all of the members of that, but I will
agree to that expeditious voting on each of you, if you will
agree to spend the rest of your day answering questions.
[Laughter.]
Senator Begich. Is there any objection from the five?
Mr. Strickling. I will----
Senator Begich. No objection.
Mr. Strickling. We'll go sharpen our pencil, but----
Senator Begich. They will be available. They will be
available, Senator Hutchison.
Senator Hutchison. Thank you, Mr. Chairman.
Senator Begich. Thank you.
I know I'm next in line, but I'm going to move over to
Senator Isakson, and also, then, Senator Brownback, and then
I'll be last.
Senator Isakson?

STATEMENT OF HON. JOHNNY ISAKSON,
U.S. SENATOR FROM GEORGIA

Senator Isakson. Thank you very much, Mr. Chairman. And
congratulations to all of you on your appointment.
Mr. Babbitt, as you know, in our discussion in my office, I
have some concern with the slowness of the deployment of next-
generation as far as FAA is concerned. And I know you worked
some with the previous Administrator in advising and
consulting. What are you going to do to expedite next-
generation in the FAA, technology-wise?
Mr. Babbitt. Well, I think the most important thing we can
do is to work with the stakeholders to come up with a plan that
makes sense to them. Currently, Senator, would a stakeholder,
meaning an airline--is often being asked to put aboard equipage
that in some cases is $700,000, $800,000 per aircraft. So, if
you have a fleet of 700 airplanes, that's a very expensive
undertaking. They need to understand that they're going to get
a capital return off of that.
And I have to say that they have some skepticism. However,
one of the things that I have tried to set forth, is that I
intend, as one of my highest priorities for the FAA to be as
accountable and credible as we can be, so that when we ask
someone to make that type of a capital commitment, that they
are going to see a benefit that they are going to enjoy, in
fact. If you make a million dollars over a period of years,
you're going to save $2 million in fuel, and 5 minutes per leg,
or some calculable amount of money.
And in order to do that, in order to deploy that, we need
to go to the places where the delays are the worst, and sort of
work backward.
Now, I'm not suggesting that we take the most delayed
region in the Nation and start there. I'd suggest we probably
should open, you know, Off-Broadway, if you would, where we
understand the technology, deploy it, and once we're convinced
it's up and running, I think it comes naturally that people
will then want to provide the equipage on their aircraft, and
we'll be able to provide the metering, the spacing and the
reduced separation, and higher levels of safety that bring us
the benefit that we hope we'll get from NextGen.
Senator Isakson. You were very kind, about 2 weeks ago, to
meet with the families that lost loved ones in the most recent
crash. And I had asked you about the most wanted improvements
that the NTSB has recommendations they've made with respect to
air safety. What would be your plans, with regard to those
recommendations?
Mr. Babbitt. The Senator is talking about recommendations
based on the Flight 3407 investigation. We don't have those
recommendations yet, but we do have a number of
recommendations, and I know that the NTSB keeps a list of their
top 10. I'd like to undertake a review as quickly as possible,
if confirmed, to understand those.
I had the opportunity last summer, to be a member of a
committee, that worked for the DOT, looking at oversight and
risk management, with the former Chairman of the NTSB. And he
acknowledged to me that often the NTSB puts forth a broad array
of suggestions, because they don't want any stone unturned.
However, I think we have an obligation to either adopt,
modify and adopt or explain why we didn't adopt any particular
recommendation from the NTSB.
Senator Isakson. Well, I appreciate the answer. I think
those families deserve, particularly on the qualification
questions, with regard to that aircraft and the pilots, a
response so that something like that does never happen again--
--
Mr. Babbitt. Yes, sir.
Senator Isakson.--if at all possible.
Dr. Blank is a University of Georgia graduate. I'm very
intimidated by doctors from MIT. Every time I turn around,
there's another MIT Ph.D. like Christine Romer, that I'm
talking to, and I am a little intimidated, but I do have two--I
don't know whether these are questions or statements.
Number one, on the economic advice that you will be giving
statistically to the Secretary, one of the concerns I had in
the waning months of the Bush Administration, when we went into
the economic difficulties, beginning September 18, and quite
frankly still experience now, I'm not sure how much government
is reaching out to people who are actually out there running
companies and doing business, to get some background before
they make recommendations to try to address economic concerns.
I know the Federal Reserve regions do that, they actually bring
in businesses, homebuilders, and bankers, and manufacturers,
and exporters, and importers. Do you--are you going to seek
that kind of advice from people actually out there really doing
the work, as you develop policy recommendations?
Ms. Blank. Senator, thank you for the question. I think one
of the roles of the Department of Commerce is to be in touch
with some of its constituencies, which are private sector
businesses and consumers, and I know that Secretary Locke is,
on a regular basis, out talking to those groups. I certainly
hope that in my role, I would have the opportunity to interact
regularly with groups from the private sector, from various
consumer groups, to talk about what their concerns are,
particularly with regard to the current economy, and to bring
that back into the analysis and advice that I do.
Senator Isakson. Well, it's just my view that all the
classical education in the world is no replacement for actually
being out there and actually doing it. I really encourage that
type of input to be brought in.
My only other--I'll make it a comment since my time is up.
The census is so important. I was, for 20 years, in State
Government, everything ends up divided up based on what the
census comes out looking like, from State Legislators to
economic assistance, and I hope you'll work to make sure it's
statistically accurate, fair, and it's a real count and not a
model count.
Ms. Blank. Yes. Thank you, Senator. I certainly take that
as the most important part of my job.
Senator Isakson. Thank you, ma'am.
Senator Begich. Thank you very much.
Senator Brownback is next. I'm going to hold my position
and go to Senator Dorgan after that.

STATEMENT OF HON. SAM BROWNBACK,
U.S. SENATOR FROM KANSAS

Senator Brownback. My, you're nice and accommodating. Thank
you very much.
Senator Begich. Patience is a virtue.
Senator Brownback. It certainly is. Soon we'll replace you
with Rockefeller, Rockefeller with you.
Senator Begich. I'm not here to cause any trouble.
Senator Brownback. All right, all right, all right.
Mr. Babbitt, general aviation is a huge industry for the
country and certainly for my State, a $150 billion industry in
the United States. We're having a lot of difficulty today, it's
a big export industry, with 40 percent going overseas. But,
with the global economy having trouble, we're having trouble
with that industry, and certainly we are in my State.
I'd also point out to you, and perhaps you know this, but
many people don't, that only 10 percent of the airports in the
United States are served by commercial air flights, 90 percent
are not. And if you're going to access the places where the 90
percent are--many across my State and others across the
country--you need to do that through general aviation. So it's
a key part of linking businesses, linking people across the
country, and I just want to urge you to work with the general
aviation industry, if you will, and I'm certain you would.
I want to invite you, as well, to come to Wichita to see
the hub of the manufacturing at General Aviation. We just--
we've got great people working there, building a wonderful
product. We'd appreciate it if people wouldn't make fun of
those using business aircraft for travel, because it hurts our
business, and we think it's a good use of and a good resource
for time savings and for linking these 90 percent of the
airports in the country that don't get commercial service. So,
I want to invite you to Wichita, we'll feed you a great steak,
and we'll show you a nice aircraft if you're willing.
Mr. Babbitt. I'll take you up on the visit and the steak.
Senator Brownback. It will be--both will be--excellent, I
can guarantee you.
Mr. Babbitt. One thing I would just note is that of one of
the byproducts of NextGen is the ability to have approaches
into those other 90 percent of the airports that aren't served
commercially, because we don't need to put in any ground
facilities. These are approaches designed with satellite
navigation to guide you in and provide guidance to hundreds,
literally thousands of airports who currently don't have any
navigational facilities. You'll have precision guidance to
runways and airports, if nothing else, just to provide better
surveillance and approach alignment for people just who would
normally be flying visually.
Senator Brownback. That's good, and I think it's very
helpful and as you work on new air traffic control systems--
although there was one runway some years ago by Atlanta, that
was a grass strip, my guess is you won't get NextGen into that
one.
I hope you will work with General Aviation on the air
traffic controller system and on NextGen, and also on the how
you pay for it. That's been the big issue that we've wrestled
with a lot of times around here, is the cost-sharing. I know
General Aviation is willing to pay its share, but not be
penalized nor--and want it such that it's not on a transaction
basis, so that every time you call the tower there's a--there's
a charge, because I think that really could effect safety, if
you do it that way. So, I'll hope you'll work with us, as well,
on how you pay for NextGen and its implementation.
Mr. Babbitt. Well, I certainly will, and I had a very good
discussion with Senator Rockefeller on that issue. I obviously
am not in any position to speak on how you all operate at the
Committee level, but he seemed to think that the resolution was
in sight--a compromise that everyone would be reasonably
comfortable with.
Senator Brownback. I think so. It's just--it's one that
we're concerned about because if it's funded inappropriately,
you're going to reduce the use of general aviation in the
process, or you're going to hurt safety in the process, either
of which I think are harmful to the United States and the
United States economy, or to air traffic safety.
Essential air service is another major issue for rural
states, many of the rural areas like my state, and I hope in
the Department of Transportation that you, as an Administrator,
will lead the FAA to help and work with the rural communities
on the EAS, which is a key program for us.
Mr. Babbitt. That probably fall as much----
Senator Brownback. Mr. Porcari?
Mr. Porcari. Thank you, Senator. I'm very familiar with the
essential air service program. I would point out that at the
State level in Maryland, we have jurisdictions that avail
themselves of the EAS Program, and I recognize that it is an
economic lifeline to many communities. It is in a difficult
period, in part because of the economy, but I look forward, if
confirmed, to working with you and the Committee on that issue.
Senator Brownback. Thank you.
Thank you, Mr. Chairman.
Senator Begich. Thank you very much.
Senator Dorgan?

STATEMENT OF HON. BYRON L. DORGAN,
U.S. SENATOR FROM NORTH DAKOTA

Senator Dorgan. Senator Begich, thank you very much.
Let me say to the--the four nominees, Mr. Strickling, Mr.
Porcari, Mr. Chopra, and Ms. Blank, I intend to support all of
you. I think you are well suited for the nominations that the
President has given you and I know you're here with families
and so on, and everyone's enormously proud of your service. So
let me just say thank you, and to tell you I'm going to support
you.
I do want to ask some questions of Mr. Babbitt, with
respect to the FAA, because I was chairing an Appropriations
Subcommittee hearing all morning and wasn't able to be here at
the start, and I have announced that as the Chairman of the
Aviation Subcommittee, we're going to hold some hearings. We
hope the first one will be June 10, but we'll be making notice
of when the hearings will be, on the issue of aviation safety.
And, I want to ask Mr. Babbitt a few questions if I might.
And I especially want to refer you back to the stunning
disclosures last week. This weekend I read the cockpit
recordings that were released by the Transportation Safety
Board.
And, let me go through a couple of the facts that were
stunning to me: Someone sitting in a cockpit of a commercial
carrier making $16,500 a year in salary, and a second job at a
coffee shop. Someone in the crew, in the cockpit, flying in icy
conditions, and saying in the cockpit recorder, ``I've had no
experience flying in icing conditions.'' Someone in the cockpit
saying that she flew all night across the country--all night
across the country--from Washington State to New York, just to
get to the duty station to begin flying as a co-pilot on the
commuter. A member of the cockpit crew failing five exams over
a career.
As I listen to this, I realize the passengers that got on
that airplane, got on an airplane that was painted the same way
as a trunk carrier--in this case it was Continental. And the
question for all of us who fly commuter airlines versus trunk
airlines and so on, is are there the same standards in the
cockpit, and are the same standards enforced? And if so, what's
the role of the FAA in that?
Now, I was just--I was really staggered by trying to
understand last week what was coming out of the National
Transportation Safety Board hearings. And I think--these facts
just make me furious--there's something wrong here. Is it just
this airplane, just this crew, or is it a system that has
developed and evolved over a lengthy period of time, in which
we have different standards, dramatically different standards,
in various cockpits on commercial planes?
And, Mr. Babbitt, you have a breadth of experience in
aviation. Give me your assessment of last week's disclosures.
Mr. Babbitt. All right sir, I will do my best.
In my opening remarks, Senator, I did go back and review a
period of time when we introduced one level of safety when I
was president of the Air Line Pilot's Association. And at that
point in time, in 1993-94, there were literally two different
sets of regulatory requirements, the aircraft were certified
under rules, less stringent. The pilots were trained under less
stringent rules. All of the flight time limitations were
different and less favorable to the regional pilots, and we
didn't think that was right. So, we came before this Committee
and others and said when I buy a ticket on a given airline, and
I walk out on the ramp, and it's a much smaller airplane, I
would at least expect that it would, in fact, have the same
level of safety, it would have the same well-trained crew.
We made some changes in that period of time, and got those
considerably better aligned, to develop one level of safety.
Perhaps we need to go back and look and see if we've gone far
enough.
However, we have seen a dramatic shift, not that this is an
excuse or anything of the like, but I'm simply observing the
fact that the regional part of our industry has grown
dramatically. We have new technology, we have small jets going
into a lot of small cities, and the pilots are exposed to a lot
more take-offs and landings, at airports that don't necessarily
have the same equipment as a John F. Kennedy or some of the
other airports. So all of this adds together to make an
environment that exposes them to a lot higher risk level. And I
think we're probably going to have to go back and look at some
of this.
Senator Dorgan. I understand your point, but I guess my
question is, do you think equivalent standards now exist or
does the disclosure last week suggest to you that something
different has happened?
Mr. Babbitt. The same level--the requirements are there,
however----
Senator Dorgan. I understand that, I'm asking about whether
the standards exist and are enforced.
Mr. Babbitt. The standards are there and they are enforced,
but the difference is, the reality is, when you're hiring a
pilot at a major carrier, you're probably going to get somebody
who walks in the door with 5,000 hours. When you hire someone
at a regional carrier, you're probably going to get someone
with considerably less time.
Senator Dorgan. But, Mr. Babbitt, how could they be
enforced if you put a co-pilot on a plane flying into Buffalo,
New York in the winter with icing, who says on the cockpit
recorder, ``I've never flown in icing and I'm very nervous
about this?'' That cannot possibly be a standard that is
enforced by the FAA.
Mr. Babbitt. And you're absolutely correct, Senator, that's
not even a requirement. The idea is that you would have
received training in it. I think we need to look at the
training. We have, today, the ability to simulate in high
definition, in high-fidelity simulators, anything that can
happen in an airplane, and why we're not doing that, I think we
need to all look at.
Senator Dorgan. And, Mr. Babbitt, I raised about five
questions, and we're going to get into them in the hearings of
the Subcommittee. I assume the crew rest issue is not just
something with commuters. I've sat with pilots on airplanes all
over the country who are dead-heading across the country in
order to reach their duty station, not unusual at all.
In this case, someone goes from the State of Washington to
the State of New York to get on an airplane to begin work,
flying all night long. Clearly, that is not in anybody's
interest, in terms of crew rest standards.
I'm going to strongly support your nomination. I told you
when we met in my office, I am very pleased you have decided to
accept this opportunity, but we have not had consistent
leadership. We've had an Acting Administrator now for some
while, and so on. This is an agency that requires a lot of
attention, a lot of good people, but requires a lot of
attention. My own view--my own view is that I think these
standards have waned and waxed, and I think what has happened
is we have very different standards for commuter carriers than
we do for the majors. At least--perhaps not with respect to
what the rules require, but certainly with respect to
enforcement. I can't believe anybody would say, ``Yes, go ahead
and put people on an airplane that haven't flown in icing, or
have flown all night to get to the duty station, or paid
$16,000 and have to live with their parents in order to make
ends meet.'' That's not a standard that I think anybody wants
in the cockpit of an airplane they board to take a commercial
flight. So, we're going to ask tough questions.
We've been blessed that we have not had very many accidents
in recent years. We have an unbelievable safety record, but the
preponderance of the accidents have been commuters. I think
we've gone a ways now without asking the really hard questions.
Has our attention to detail here in enforcement of standards
waned some and do we have some real work to do to bring these
standards back up to par? I think a lot of this is about money,
I would say to you, because you can put some very inexpensive
pilots in some of those seats and save money, but I'm not sure
that that's what the passengers and traveling public in this
country would expect, boarding those airplanes.
Mr. Babbitt. Yes, sir.
Senator Dorgan. Thank you.
Senator Begich. Senator Klobuchar, we have a vote that has
been called now, and I'm going to turn to Senator Klobuchar,
and then I'm going to close up.

STATEMENT OF HON. AMY KLOBUCHAR,
U.S. SENATOR FROM MINNESOTA

Senator Klobuchar. OK, thank you very much.
Senator Hutchison. Mr. Chairman, if we have time for one
more round, after the two of you, I'd like to ask it if we have
time.
Senator Klobuchar. I'll be quick here, Mr. Porcari. I have
talked before to Secretary LaHood about legislation. There's a
lot of interest to incorporate road construction projects with
the deployment of broadband technology, with the idea that we
can save taxpayer money and reduce disruptions to American's
lives, if we dig once. And obviously, this is going to have be
done with care and coordination with the State. People get sick
and tired of just one ditch after another getting dug up on the
roads, when there should be some kind of coordination. Do you
have any comments on that?
Mr. Porcari. Yes, Senator. It's an excellent point. There's
a lot of opportunity, both with new construction and
rehabilitation of the highway system, to incorporate fiber and
other utility and telecommunication elements.
I can tell you that at the State level in Maryland, it is
one way that we've been able to bring broadband to every corner
of the State, including some of the most rural parts of the
State, by doing it as a package deal, and also getting a
portion of the capacity as part of that overall agreement, as
well. There are places where it is more difficult to do, but I
think, by and large, there are many opportunities.
Senator Klobuchar. OK, very good.
Mr. Babbitt, I enjoyed our visit yesterday, and one of the
things we talked about was legislation that Senator Snowe and I
introduced last year, about FAA inspectors, particularly the
supervisory inspectors. We talked about doing a cooling period
when inspectors are assigned to a certain company, and then
they go and they eventually go to that company. There's a
revolving door situation, and there have been major concerns
about it in the last few years.
At the same time, we understand the importance of having a
familiarity with an airline. Could you comment on that?
Mr. Babbitt. Yes, Senator, I sure could, and likewise
enjoyed the visit yesterday and found that enlightening.
The issue was actually one that we covered pretty well in
the internal review team. That was one of the subjects that we
were to look at, and that is this relationship. It is a very
difficult balance. On the one hand, to understand an airline
and understand all of its operations, an inspector has to spend
a fair amount of time there, but at what point in time does
that time spent working with that carrier getting to know its
people, its management, its line employees, when does that
become a liability? When they become too friendly, too
accepting--OK, you'll get it next time. And the answer is, that
the second that safety of flight becomes an issue.
And so we've got a position now that is in development. The
FAA is in the process of adopting some of the recommendations,
and in those recommendations are some ways to deal with that.
Remember that you have turnover in the airlines too, so we
probably want to look at both sides of that room. If the entire
airline management is turned over, there's no sense to change
the inspector, but conversely, if everybody's in a static
environment, it probably makes some sense.
There's a human aspect to it as well. You have someone who
has made a home in Minnesota or some place----
Senator Klobuchar. I understand--and to make the move.
Mr. Babbitt. --and you say, well, you've been here 5 years.
Senator Klobuchar. Because no one ever wants to leave
Minnesota, Mr. Babbitt.
Mr. Babbitt. That's right.
Senator Klobuchar. OK, thank you.
Mr. Chopra, one--just last, if you could just answer in
about a minute, so I can pass this on to my colleagues. We had
also had a good meeting, and one of the things I'm very focused
on, as we look at the issue of long-term care, so many people,
especially in rural areas, in their homes where we'd like them
to stay, but needing to use more technology to do everything
from monitor their healthcare, to make sure that technology is
available to them. Could you talk about the potential role for
your job with that?
Mr. Chopra. Thank you, Senator, and I appreciated the
chance to visit with you.
This is an example of an opportunity to essentially address
two of our challenges. One, to promote an innovation strategy
that creates new jobs. We see a growth market in a lot of
devices you're describing, which is a win for the economy. In
addition, we see an opportunity to actually bend the curve on
healthcare costs, improving quality of care for folks who want
to be--living at home, but also to lower our cost structure in
addressing their needs. So, it has the benefit of both,
addressing cost concerns, as well as a potential platform for
economic growth.
As advisor to the President, Senator, it will be my
challenge and responsibility to work to harness the power of
this capacity on the President's priorities for healthcare
reform and for economic growth.
And I thank you for the question.
Senator Klobuchar. Thank you so much, I appreciate it.
Good luck to all of you.
Senator Begich. Thank you very much, Senator Klobuchar.
I'm going to ask a couple quick ones and then close out. We
have 6 minutes before our vote closes out, so, Senator
Hutchison, we won't have time for another question, based on
what staff just told me.
So, let me be real quick. I'll submit mine to you. If I
can, Mr. Porcari, in regards to transportation, here's a simple
question that I struggle with. As a former mayor, having to
deal with the Federal Government and their inability to get
projects done within a reasonable time is difficult, especially
when they use Federal Highways Administration dollars.
A simple idea, that if you have a State or a local
community that can allocate their dollars or that they have a
road project in mind that's federally funded, but they have not
had any issues with the Federal Highways Administration, in
other words, any environmental issues or anything over a period
of time, three, five years. Why can't we just let them use
their local regulation then, to implement it and cut the time
in half?
In Alaska, this is exactly how we can do it.
Mr. Porcari. Senator, it's a good question. The National
Environmental Policy Act and the National Historic Preservation
Act are the guiding documents and requirements here. In some
cases it is possible to get a categorical exclusion. In
practice, many of the larger, more complicated projects do not
permit that, it puts a premium----
Senator Begich. It doesn't permit it by law, but we write
the laws. So, the question is a very simple one, and that is,
if you have a jurisdiction that has not had any issue with
environmental violation around road projects or other types of,
maybe NIPA, EIS, whatever the process might be from the Federal
Government, for a period of time, let's just say 5 years, why
can't you then substitute, let them use the Federal dollars and
substitute with local regulation or State regulation?
Mr. Porcari. Senator, Secretary LaHood and his team have
made it clear that they're very much interested in streamlining
processes. If confirmed, I would look forward to working with
you on any idea.
Senator Begich. That's all you need to say at this point.
Mr. Porcari. Thank you.
Senator Begich. Only because time is allowed only for me to
ask very quickly.
Let me just say, and for members and staff that are here,
all the questions have to be submitted in by 6 p.m. today. For
all of you that will get questions from the minority side that
wants your answers by 6 p.m. today, I wish you best in that
accomplishment. But, we will have all the questions submitted
by 6 p.m.
I want to say thank you all for being here. Thank you for
your willingness to serve this country. Thank you.
The meeting is adjourned.
[Whereupon, at 12:27 p.m., the hearing was adjourned.]
A P P E N D I X

Prepared Statement of Hon. Edward M. Kennedy,
U.S. Senator from Massachusetts
Chairman Rockefeller and Members of the Committee, I appreciate
this opportunity to offer my strong support for President Obama's
nomination of J. Randolph Babbitt to be Administrator of the Federal
Aviation Administration.
Randy is an outstanding choice for this important position. His
strong background in aviation and labor relations makes him a
particularly inspired choice for this Agency. As the airline industry
continues to restructure to meet a changing market, Randy will provide
a steady hand to guide the transition in a manner that ensures
passenger safety, worker's rights, and global competitiveness. Randy's
history in the cockpit and as the head of the world's largest pilot
association makes him eminently well-qualified to be the FAA
Administrator.
As you know, this is an especially critical time as this Committee
and others look to improve the air traffic system through the
reauthorization of the FAA bill. Critical issues in this debate, such
as the financing of the aviation trust fund, runway safety, and the
NextGen air transport system, will require an experienced partner at
the Agency. Furthermore, a first-class air traffic system is essential
to ensuring that the United States remains at the forefront of
international trade and tourism, and aeronautics research. Randy
provides exactly the kind of experience and leadership the Agency and
the Nation needs right now.
I urge the Committee to approve Randy's nomination, and I look
forward to working with him and the Committee on these fundamental
issues in the coming weeks.
______

Prepared Statement of Hon. Richard Durbin, U.S. Senator from Illinois
I am pleased to support the nomination of Mr. Lawrence E.
Strickling to serve as the next Assistant Secretary for
Telecommunications and Information at the U.S. Department of Commerce.
Mr. Strickling, who calls Chicago home, is ideally suited for this
role. Over the last thirty years, he has developed a distinguished
record in the telecommunications field in both the public and private
sectors.
He has helped a variety of private companies meet Federal and state
telecommunication regulatory requirements. Early in his career he
represented Ameritech in proceedings before the Federal Communication
Commission (FCC) and state utility commissions. Not long into his
career, he joined the Clinton Administration, working to improve
consumer protections and increase competition and service in the
telecommunications industry as Chief of the Common Carrier Bureau at
the FCC. It was in his role at the FCC that he testified before
Congress, which is where I first met Larry Strickling.
Since then, I have learned more about his education, his career
path and his dedication to the public good. I have full confidence in
Mr. Strickling to lead the National Telecommunications and Information
Administration (NTIA) during a period of great opportunity, but also
great challenges.
NTIA is the principal agency responsible for advising the President
and implementing the President's telecommunications and information
technology policy. NTIA is front and center in highly relevant and
important changes in the country's telecommunications infrastructure,
including the digital television transition and directing billions of
dollars in broadband funding made available through the American
Recovery and Reinvestment Act to help lay the foundation for our
broadband policy for the future and to close the digital divide.
I am confident that President Obama's nominee, Larry Strickling, is
the right person to lead the NTIA as it addresses these and other
emerging issues in telecommunications and information. I thank the
Committee for the opportunity to offer these remarks and am pleased to
publically support Mr. Strickling's nomination.
______

Prepared Statement of Hon. John D. Dingell,
U.S. Representative from Michigan (15th Congressional District)
Thank you, Chairman Rockefeller, for allowing me the courtesy of
submitting a statement in support of the nomination of my good friend,
Dr. Rebecca Blank, to the position of Under Secretary for Economic
Affairs at the Department of Commerce. I can think of few other, more
qualified candidates for this important office and would strongly urge
you and your colleagues to vote in support of her nomination.
Dr. Blank's distinguished career and accomplishment are reason
alone to confirm her. She has been Dean of the Gerald R. Ford School of
Public Policy at the University of Michigan, acted as Co-Director of
the National Poverty Center, and served as a member of the President's
Council of Economic Advisers from 1997-1999. Dr. Blank is currently the
Robert S. Kerr Senior Fellow at the Brookings Institution, where she
has continued in her laudable research on the interactions between the
macro-economy, government policy, and the behavior and well-being of
American families.
As I have mentioned, these bona fides are eminently sufficient as
to merit Dr. Blank's expeditious approval as Under Secretary for
Economic Affairs. All the same, I implore the Committee to consider Dr.
Blank's comments at a 2007 hearing before the Committee on Financial
Services in the U.S. House of Representatives. She said, ``Lower-wage
workers in today's economy find it hard to achieve those things that
are part of the American dream: own a house, have a job with pension
and health benefits, or the opportunity to send their children to
college.'' Clearly, Dr. Blank understands the lamentably conspicuous
rise in economic inequality and concurrent growth of social inequality
that have plagued our Nation of late. If confirmed in this position,
she will bring a wealth of knowledge and experience to a Federal agency
well-positioned to combat these disquieting trends.
Again, Mr. Chairman, thank you for your courtesy. Please vote in
support of Dr. Blank's nomination, and do so with confidence in her
remarkable talent and achievements.
I yield back the balance of my time.
______

Air Carrier Association of America
Washington, DC, May 14, 2009
Hon. Byron Dorgan,
Chairman,
Subcommittee on Aviation Operations, Safety and Security,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.

Dear Chairman Dorgan:

On May 19, the Senate Commerce Committee will hold a ``Nominations
Hearing'' for several nominees including Randy Babbitt who is the
Designate to be the Administrator of the Federal Aviation
Administration. We fully support Randy's nomination and hope that we
will soon see him lead the FAA.
As you know, the continued growth and modernization of the Nation's
aviation system is essential if the Administration is going to
stimulate the Nation's economy and support travel and tourism. While
these issues are addressed, it is also essential that steps be taken to
continue to enhance the safety of the system. Our low-fare carriers and
the communities they serve believe that Randy is the right person to
take on these enormous challenges.
We look forward to working with you, the Committee and
Administrator Babbitt to put in place short and long-term enhancements
that will continue to ensure that all communities and passengers can
enjoy the world's most efficient and safest air carrier/air traffic
system.
Sincerely,
Edward P. Faberman,
Executive Director.
______

Healthcare Information and Management Systems Society
Chicago, IL, May 18, 2009

Hon. Bill Nelson,
Chairman,
Subcommittee on Science and Space,
U.S. Senate Commerce Committee,
Washington, DC.

Hon. David Vitter,
Ranking Member,
Subcommittee on Science and Space,
U.S. Senate Commerce Committee,
Washington, DC.

Dear Chairman Nelson and Ranking Member Vitter:

On behalf of the Board of Directors and 20,000 individual and 350+
corporate members of the Healthcare Information and Management Systems
Society (HIMSS), we are honored to offer HIMSS support for Mr. Aneesh
Chopra's, nomination to be Chief Technology Officer and Associate
Director for Technology at the White House Office of Science and
Technology Policy in the Obama-Biden Administration.
Given the convergence of healthcare reform and the acceleration of
steps toward a Nationwide Health Information Network, Mr. Chopra is an
exceptional choice to help lead the efforts in achieving the quality
and cost-effective care delivery in the U.S. healthcare system.
On July 20, 2006, Tim Kaine, Governor of the Commonwealth of
Virginia, issued Executive Order 29 creating the Governor's Health
Information Technology Council. Since then, serving as Secretary of
Science and Technology for the Commonwealth of Virginia, Mr. Chopra has
initiated a very aggressive approach to implement health IT projects
across the state. Through his work, each geographical region of the
Commonwealth is home to competitively selected health IT innovators to
promote the widespread adoption of electronic health records (EHRs).
Mr. Chopra was also awarded the prestigious HIMSS 2007 State Leadership
Advocacy Award for his leadership in health IT activities in the
Commonwealth.
HIMSS is confident that Mr. Chopra will be able to translate the
state-level effort into activities required to make the health IT
components of the American Recovery and Reinvestment Act (ARRA) a
reality. We are confident that Mr. Chopra's initiatives in Virginia are
consistent with our December 2008 report, Enabling Healthcare Reform
Using Information Technology, with particular emphasis on the
importance of a properly defined objective for meaningful use of health
IT solutions, as well as a continued role for the Healthcare
Information Technology Standards Panel (HITSP) and Certification
Commission for Healthcare Information Technology (CCHIT).
As you move forward on Mr. Chopra's nomination, HIMSS is confident
that he is best-suited to be the first Chief Technology Officer and
Associate Director for Technology at the White House Office of Science
and Technology Policy in the Obama-Biden Administration. We look
forward to his confirmation and to working with the Senate and Mr.
Chopra to ensure we deliver on health IT components of healthcare
reform.
Sincerely,
H. Stephen Lieber, CAE,
HIMSS President/CEO.
Charles E. Christian, FCHIME, FHIMSS,
HIMSS Chairman of the Board,
CIO and Director, IS,
Good Samaritan Hospital.
______

Response to Written Questions Submitted by Hon. John D. Rockefeller IV
to Lawrence E. Strickling
Question 1. While consumer readiness has improved greatly since the
digital television transition (DTV) was delayed earlier this year, 3.3
million U.S. households remain unprepared according to the most recent
data collected by the Nielsen Company. In the few weeks until June 12,
what does the National Telecommunications and Information
Administration (NTIA) plan to reach these remaining households and make
certain that no consumers are left behind by the DTV transition?
Answer. In the remaining weeks of the transition, educating
consumers about the digital television transition and the TV Converter
Box Coupon Program will be a top priority for NTIA if I am confirmed.
My understanding is that NTIA is taking several steps to reach
remaining unprepared households with the goal of minimizing the number
of consumers left behind by the DTV transition. For example, NTIA
continues to conduct media outreach, distribute DTV transition
materials through its partners, place public transit public service
announcements, support mobile assistance centers, fund partner-based
advertising, and conduct a social media texting campaign.

Question 2. The Charleston-Huntington market in West Virginia has
been designated an ``at-risk'' area due to the large number of
households that are currently unprepared for the DTV transition.
Thousands of Charleston residents have ordered a DTV converter box
coupon but it concerns me that less than half of these coupons have
been redeemed. West Virginians must be provided the assistance they
deserve to successfully prepare for the transition. Can you outline the
NTIA's efforts in Charleston-Huntington as well as the rest of West
Virginia?
Answer. It is critically important that we reach the unprepared
populations, including those within the Charleston-Huntington market,
as well as the rest of West Virginia. If confirmed, I pledge that I
will work with you and your staff to ensure that NTIA and its many
partners will work to provide outreach and assistance in West Virginia
to help unprepared households get ready for the June 12th DTV
transition. In addition, I will make sure that NTIA continues its
extensive awareness campaign working with the media and its partners as
well as through trusted community institutions.
______

Response to Written Questions Submitted by Hon. John D. Rockefeller IV
and Hon. Byron Dorgan to Lawrence E. Strickling
Question 1. Mr. Strickling, the National Telecommunications and
Information Administration (NTIA) is currently writing the contractual
conditions for the broadband grants it will issue under the American
Recovery and Reinvestment Act (ARRA) including mandatory conditions
regarding nondiscrimination and interconnection. Similar
nondiscrimination conditions to protect consumers on the Internet have
been proposed in other contexts and often it has been stated outright
that nondiscrimination protections on the Internet are to be applied
exclusively to lawful content. Unfortunately, unlawful activity does
occur over the Internet and efforts to prevent unlawful activities
should be encouraged. If confirmed as Assistant Secretary of Commerce
for the NTIA, would you commit to interpreting and enforcing the
conditions to ensure that nondiscrimination protections apply
exclusively to lawful content and do not apply to unlawful activity?
Answer. The Recovery Act requires grant recipients to comply with
all applicable Federal, state and local laws. Federal law prohibits
copyright piracy. If confirmed, I look forward to working with you and
members of the Committee to find the most appropriate way to prevent
copyright piracy and other illegal activities over the Internet.

Question 2. Mr. Strickling, the National Telecommunications and
Information Administration (NTIA) is currently writing the contractual
conditions for the broadband grants it will issue under the American
Recovery and Reinvestment Act (ARRA) including mandatory conditions
regarding nondiscrimination and interconnection. Similar
nondiscrimination conditions to protect consumers on the Internet have
been proposed in other contexts and often it has been stated outright
that nondiscrimination protections on the Internet are to be applied
exclusively to lawful content. Unfortunately, unlawful activity does
occur over the Internet and efforts to prevent unlawful activities
should be encouraged. If confirmed as Assistant Secretary of Commerce
for the NTIA, would you commit to interpreting and enforcing the
conditions to ensure that nondiscrimination protections apply
exclusively to lawful content and do not apply to unlawful activity?
Answer (Supplement to Answer submitted May 19). As you note, the
Recovery Act requires NTIA--in its implementation of the Broadband
Technology Opportunities Program (BTOP)--to publish non-discrimination
obligations that are to be contractual conditions of any broadband
grants it awards pursuant to the Act. These obligations must, at a
minimum, adhere to the principles contained in the 2005 broadband
policy statement adopted by the Federal Communications Commission. The
first principle states that consumers are entitled to access the
``lawful'' Internet content of their choice. Implicit in this statement
is the common-sense notion that non-discrimination obligations should
not apply to unlawful activity. If confirmed, I will ensure that
purveyors of unlawful content find no legal immunity for their conduct
under the non-discrimination obligations that the Recovery Act directs
NTIA to impose.
I am extremely troubled by the impact of copyright piracy on the
American economy. I understand that the overall harm is measured in the
billions of dollars. These figures would represent lost wages and lost
jobs for American workers, as well as a threat to the creativity that
our copyright laws are designed to protect and encourage.
In March, NTIA and the Department of Agriculture's Rural Utilities
Service released a Request for Information (RFI) that sought public
comment on a number of important issues relevant to the broadband grant
program, including the extent of non-discrimination obligations it
should require of grant recipients. NTIA is in the process of reviewing
the more than 1,000 responses it received to the RFI, and will
incorporate these comments as appropriate into the Notice of Funds
Availability (NOFA) it plans to release this summer. I am confident
that through the public comment process and in conformance with the
Recovery Act, NTIA will establish non-discrimination conditions that
fully protect the rights of consumers to enjoy all of the lawful
economic, creative, and social benefits that broadband services can
help create, while providing no basis to justify the use of broadband
services for illegal activity.
______

Response to Written Questions Submitted by Hon. Daniel K. Inouye to
Lawrence E. Strickling
Question 1. Unless action is taken before September, the Commerce
Department will lose the authority to protect and advise the body that
manages the Internet's global addressing system. Are you concerned
about the implications of that historic separation?
Answer. If confirmed, my goal will be to continue to preserve the
security and stability of the Internet's domain name and addressing
system (DNS) and my decision with respect to the future of the Joint
Project Agreement (JPA) will be consistent with that goal. I understand
that NTIA released on April 24th a Notice of Inquiry (NOI) seeking
comments on these issues. The public record developed through this
process will inform any decision made about the JPA's future and I look
forward to working with you and the Committee on this important issue.

Question 2. In 2005, the Commerce Department released a set of
principles, which stated that the U.S. Government would do nothing to
harm the stability and security of the Internet's addressing system. Do
you think releasing ICANN from all relevant oversight is consistent
with those principles?
Answer. Regardless of whether the JPA is terminated, modified or
extended, NTIA will continue to be an active participant in ICANN by
representing the U.S. Government in ICANN's Governmental Advisory
Committee (GAC) as well as filing comments, as needed, in ICANN's
various public consultation processes. In addition, the Department's
relationship with ICANN will continue as ICANN currently performs the
Internet Assigned Names Authority (IANA) functions under contract to
the Department. If confirmed, I can assure you that the views NTIA
advocates will be based on the need to preserve the security and
stability of the Internet's Domain Name and Addressing System (DNS).

Question 3. In a 2008 review of ICANN's progress toward meeting the
goals established under its Joint Project Agreement (JPA) with
Commerce, a broad cross-section of the ICANN community, including
business and public interest advocates, took the position that ICANN
had not completed enough of its charter to safely end its relationship
with the U.S. Government. If ICANN is indeed a bottom-up, consensus
driven body, directed by its stakeholders, why are concerns expressed
by a broad cross-section of the community routinely ignored?
Answer. NTIA recently released a Notice of Inquiry soliciting
comment on the JPA and ICANN's performance thereunder. The public
record developed in response to the NOI will inform NTIA's decisions
regarding ICANN. If confirmed, I will ensure that issues such as
meaningful stakeholder participation are adequately addressed.

Question 4. Members of the ICANN community have repeatedly demanded
that ICANN create new accountability mechanisms to protect stakeholders
against adverse decisions by the ICANN board. Under the current
structure, ICANN is accountable only to itself and the Commerce
Department. After September 2009, it will be accountable only to
itself. Where does business turn for redress and representation
regarding domain name issues after September 2009?
Answer. NTIA recently released a Notice of Inquiry soliciting
comment on these issues, specifically on whether there are sufficient
safeguards in place to ensure that all stakeholder interests are
adequately taken into account in ICANN's decision-making processes. If
confirmed, I will work with you and the Committee to ensure that these
important issues are satisfactorily addressed.

Question 5. ICANN has emerged as the de facto regulator of the
domain name industry. ICANN's decisions impact not only the hundreds of
companies in that industry, but the thousands of companies worldwide
that rely on the Internet for core business functions. Is it reasonable
for a body with such a broad regulatory mandate to be answerable to no
higher authority?
Answer. ICANN is a U.S. not for profit organization that
coordinates the Internet's unique system of identifiers. It is not a
government agency and has no delegated government regulatory authority.
The governance structure for ICANN must be one that preserves a robust,
stable and secure underlying Internet infrastructure for the benefit of
U.S. and global businesses and consumers. If confirmed, I will work
with you and the Committee to ensure that these critical objectives
continue to be met.

Question 6. What serious organization would want to be free of any
oversight if major parts of the community it serves are opposed to the
uncertainty and total lack of accountability/redress imposed upon them?
Would a sustainable, credible and responsible entity be comfortable
with such a `transition'?
Answer. NTIA, as the President's principal advisor on
telecommunications and information policy, should committed to
preserving the Internet as a global medium that supports economic
growth and innovation, a tool to improve the human condition, and an
enabler of the free flow of information. If confirmed, I will work to
ensure that the Internet DNS is managed to meet these goals.

Question 7. Under the terms of the JPA, ICANN has the right to walk
away in 2009. But the JPA is only one of two agreements between the
Commerce Department and ICANN. ICANN draws its authority from the
procurement contract to operate the Internet Assigned Numbers Authority
(IANA) function. If ICANN walks away from the JPA against the wishes of
a broad cross-section of the ICANN community, should Commerce
reconsider the terms of the IANA contract? What improvements or
adjustments do you feel ICANN needs to make in order to reach a point
where stakeholders would be comfortable in a scenario where this is no
JPA?
Answer. It is my understanding that the IANA functions contract is
separate and distinct from the JPA and the Department's rights there
under are not affected by any change in the status of the JPA. If
confirmed, I will continue to evaluate ICANN's performance and consider
the advisability of changes in the terms of the IANA functions
contract.
______

Response to Written Questions Submitted by Hon. John Kerry to
Lawrence E. Strickling
Question 1. The American Recovery and Reinvestment Act of 2009
(``ARRA'') expressly requires the Assistant Secretary of Commerce for
Communications and Information, when allocating funding under the
Broadband Technology Opportunities Program (``BTOP'') to ``consider
whether an applicant is a socially and economically disadvantaged small
business [``SDB''] as defined under section 8(a) of the Small Business
Act.'' ARRA Sec. 6001(h)(3). How do you intend to implement this
congressional directive?
Answer. If confirmed, ensuring the participation of small and
disadvantaged businesses in the BTOP program will be a top priority. It
is my understanding that NTIA staff has already begun working with
relevant departments and agencies, including the Minority
Telecommunications Development Program within NTIA, as well as the
Minority Business Development Agency and Office of Small and
Disadvantaged Business Utilization within the Department of Commerce,
to fully include small businesses in our program. In the workshops
planned for potential grant applicants later this year, I would expect
NTIA to accommodate the needs of small businesses, such as by creating
opportunities to network and partner with other potential applicants.

Question 2. With respect to the Broadband Technology Opportunities
Program, can you tell me whether NTIA will be providing technical
assistance to states during the application process? If so, will NTIA
travel to states upon request? Are states going to be allowed or
required to coordinate and vet all proposals for funding?
Answer. It is my intention that, if confirmed, NTIA provide all
prospective applicants with appropriate technical assistance after the
release of the Notice of Funds Availability (NOFA) this summer. NTIA
plans to hold workshops in public locations throughout the Nation that
will also be made accessible over the Internet. I believe that the
public and potential applicants should have as much information as
possible in order that NTIA can receive the most innovative and cost-
effective proposals to expand broadband service throughout America.
States are important partners of NTIA, as they have knowledge of local
conditions that will be important to NTIA. If confirmed, I will work to
define the precise role of the States in such a way that provides NTIA
the greatest input consistent with its statutory obligations and
responsibilities for the program.

Question 3. Again, with respect to the Broadband Technology
Opportunities Program, I believe that it is entirely possible to have
two competitive broadband providers serving a geographic region and
still have an underserved population living within that area because of
the high price of service, or the limited speed of service. I do not
believe that grant recipients should be limited purely as a function of
geography, or based on what carrier provides service for an area. Will
such factors as cost and speed of service be considered when assessing
proposals from potential grant recipients?
Answer. Yes, these factors should be considered in the evaluation
of applications for BTOP funds, along with other criteria set forth in
the Recovery Act.

Question 4. The American Recovery and Reinvestment Act states that
``not less than $250,000,000 shall be available for competitive grants
for innovative programs to encourage sustainable adoption of broadband
service''. I believe strongly that the amount cited within the Act
should be viewed as a floor, and that strong consideration should be
given to proposals that aim to increase demand for broadband even if
the $250 million threshold has been surpassed. Do you agree that demand
side initiatives should receive significant priority and should not be
limited to a $250 million threshold?
Answer. Demand-side projects will be a very important component of
the BTOP program and its efforts to fulfill the President's goals of
providing broadband service to every American. The Recovery Act makes
clear that the funding amount for sustainable adoption of broadband
service is a floor, and should NTIA receive qualifying proposals that
surpass this amount, I am quite open to increasing the funding amounts
provided for such demand-side efforts.
______

Response to Written Questions Submitted by Hon. Bill Nelson to
Lawrence E. Strickling
Question 1. As you know, hundreds of entities have already
expressed an interest in applying for a portion of the funds available
under the Broadband Technology Opportunities Program (BTOP)--and it's
pretty obvious that demand will far exceed the amount of available
funds. This leaves NTIA with some tough decisions about where to best
invest this grant money. In making those tough decisions, how do you
think NTIA should weigh the question of access to broadband versus
affordability of the service? Is one more important that the other in
terms of considering grants--or are they co-equal factors?
Answer. Congress tasked NTIA with addressing a number of very
important goals and objectives to jump start the President's goal of
bringing the benefits of broadband to all Americans. In establishing
the Broadband Technology Opportunities Program (BTOP), NTIA must
address the needs of unserved and underserved areas, strategic
institutions such as schools, libraries and hospitals, public safety
agencies, and stimulate demand. In awarding grants, Congress requires
NTIA to consider such factors as whether the application will increase
affordability of, and subscribership to, service to the greatest
population of users in the area; and whether it will provide the
greatest possible speed to the greatest population of users. Meeting
these aggressive goals will require NTIA to encourage applications that
represent the most innovative, cost-effective, and sustainable ideas
that America has to offer. NTIA recognizes that both access and
affordability will impact the number of Americans that choose to
subscribe, and we intend to award grants that pursue both of these
goals, along with each of the objectives outlined in the Recovery Act,
in the most efficient and effective way possible.

Question 2. One other area that I've been interested in for some
time is Internet governance and cybersecurity.
The Internet Corporation for Assigned Names and Numbers (ICANN)
currently has the responsibility for managing and coordinating the
Internet's Domain Name System (DNS)--which functions like the
Internet's ``phone book,'' and translates common website names into the
complex numbers required to locate a site on the Internet.
Currently, the Department of Commerce and NTIA maintain an
oversight role with ICANN through a Joint Project Agreement (JPA) that
requires ICANN to provide periodic reports about its activities to the
Department.
The agreement, however, is scheduled to expire September 30 this
year--and there is currently no oversight mechanism to replace it.
Do you think the JPA should be extended, or allowed to expire? In
the alternative, should we look toward some other type of oversight
mechanism?
Answer. If confirmed, my goal will be to continue to preserve the
security and stability of the Internet's domain name and addressing
system (DNS) and my decision with respect to the future of the Joint
Project Agreement (JPA) will be consistent with that goal. I understand
that NTIA released on April 24th, a Notice of Inquiry (NOI) seeking
comments on these issues. The public record developed through this
process will also inform any decision made about the JPA's future and I
look forward to working with you and the Committee on this important
issue.

Question 3. The protection of intellectual property is a major
issue for many content providers who distribute their materials over
broadband networks. Do you see a role for NTIA in this area?
Answer. Yes. I am very concerned with the protection of
intellectual property distributed over the Internet. While NTIA is not
the only Federal agency with an interest in this issue, if confirmed, I
look forward to working with the other appropriate Federal agencies, as
well as with you and members of the Committee, to find the most
appropriate way to prevent copyright piracy and other illegal
activities over the Internet.
______

Response to Written Question Submitted by Hon. Mark Pryor to
Lawrence E. Strickling
Question. The Public Telecommunications Facilities Program (PTFP)
which for over 40 years has helped to create and maintain the essential
infrastructure needed to deliver the highest quality, reliable public
broadcasting to all corners of this country has been proposed for
elimination in the President's budget. In Arkansas alone over the past
5 years, this program has provided our public broadcasters with nearly
$1.5 million which leveraged locally raised funds to help with
station's infrastructure investments that totaled nearly $5.5 million.
This program has been essential in helping our Nation's public
broadcasters meet all of their infrastructure needs including much
needed upgrades and it is the primary source of emergency assistance
for stations struck by natural or man-made disasters. As part of
helping stations with infrastructure funding, this program has funded
some very important digital equipment needed by public television
stations to meet the federally mandated transition to digital. However,
this program is not solely a digital transition program and the
elimination of this program would mean the elimination of station's
only source of assistance for ongoing maintenance needs such as help
replace digital equipment when it has ages or fails. At a time when
many of our Nation's public broadcasters are facing the greatest
financial crisis in the history of the public broadcasting industry,
and many are struggling to stay on the air, I'm concerned about a cut
of funds that would maintain their infrastructure.
I would like a commitment from you to further review the status of
the PTFP, including input from public broadcasters that depend on this
program, and to work with me on viable options to support the critical
work of public broadcasters.
Answer. I support the Administration's commitment to public
broadcasting. The President's 2010 Budget proposed to consolidate
funding through the Corporation for Public Broadcasting (CPB), and the
2010 Budget provides an increase in funds for CPB. Projects previously
funded by PTFP can be undertaken through CPB's main station grant
program, and the 2010 funding will provide additional assistance to
public broadcasters. CPB's grant programs are flexible and can serve
most station needs, and the proposed $20 million increase in 2010
(total resources of $481 million, including advance appropriations)
will sustain the Federal investment in public broadcasting, including
projects that previously would have been eligible for PTFP funding. If
confirmed, I look forward to working with you and the public
broadcasting community to ensure they continue to have adequate
resources to provide important public programming and services.
______

Response to Written Questions Submitted by Hon. Tom Udall to
Lawrence E. Strickling
Question 1. Mr. Strickling, many public libraries now provide
public computing centers in addition to books for library patrons. Yet
public libraries and other non-profit institutions may be discouraged
from applying for Broadband Technology Opportunity Program (BTOP)
funding since they cannot afford the 20 percent matching funds under
that program. NTIA, however, has the flexibility under the American
Recovery and Reinvestment Act statute to waive the 20 percent matching
requirement and to draft rules to implement the program. Will you, as
NTIA Administrator, consider waiving the 20 percent match requirement
so that public libraries can apply for funding?
Answer. The Recovery Act states that the Assistant Secretary may
increase the Federal share of a project if the applicant petitions NTIA
for a waiver and the Assistant Secretary determines that the petition
demonstrates financial need. If I am confirmed, I will work to ensure
that important strategic institutions such as libraries are able to
fully participate in the grant program.

Question 2. Alternatively, will you allow libraries to satisfy the
20 percent match by providing ``in-kind'' contributions, such as
computers or broadband equipment? Or, would you consider waiving the
requirement that the match come from ``non-Federal'' sources, so that
libraries could use ``E-rate'' funds or LSTA funds for the match?''
Answer. It is my understanding that in-kind contributions, which
the Federal Government defines as non-cash donations to a project, may
count toward satisfying the non-Federal matching requirement of a
project's total budget. In the Notice of Funds Availability (NOFA), I
expect NTIA will set forth the types of in-kind contributions that may
be acceptable. To the extent that the libraries choose to file a waiver
of the matching requirement instead, I am confident that it will be
carefully evaluated to determine whether it demonstrates financial need
as required by the statute.

Question 3. What other ways will NTIA under your leadership support
public computing centers at libraries and other places that allow low
income and other users access the Internet?
Answer. Support for public computing centers is a critical
component of the BTOP Program as outlined in the Recovery Act. NTIA is
required to provide at least $200 million for grants aimed and
expanding broadband services for libraries, community colleges, and
other public computing centers. This amount is a floor, not a ceiling.
For many consumers that do not have access, or cannot afford access to
broadband services in the home, public computing can provide the vital
link to job search and training opportunities, access to government
services, and education for their children. I am committed to ensuring
that such institutions are strengthened by the BTOP program.

Question 4. New Mexico is a rural state which faces difficult
``digital divide'' issues. However, my state is developing an exciting
broadband initiative and intends to apply for NTIA broadband funds with
a coordinated, multi-partner proposal that includes state government,
private telecom companies, rural and tribal communities, and nonprofit
organizations.
As New Mexico attempts to foster wholesale `open network' solutions
for publicly-funded fiber infrastructure throughout the state, how
should state broadband planners consider the limitations on public/
private shared networks which are imposed by E-Rate and the FCC
Telehealth Program?
Answer. I understand that there may be some requirements under the
FCC's E-rate and Telehealth programs that could impair robust
participation by these recipients in a larger BTOP application. If
confirmed, I intend to work closely with Congress and the Federal
Communications Commission on these important issues so that public
funds are used to their full potential and that the goals of the
Recovery Act are reached.

Question 5. In rural states like New Mexico, obtaining permits and
permission for building infrastructure essential to expanding broadband
access, such as fiber networks, can pose particular challenges since
multiple jurisdictions for Federal, state, and local lands often must
approve projects. How should NTIA encourage Federal agencies to support
broadband expansion efforts?
Answer. It is my understanding that NTIA has already begun working
with a number of relevant agencies to ensure that taxpayer funds are
spent quickly, wisely, and efficiently. The Agency has already begun
working with States and Federal agencies such as Housing and Urban
Development, Transportation, and Health and Human Services to ensure
that public investments are leveraging existing programs to maximize
their benefit to the American public. If confirmed, I intend to
continue this important work with our partners at the Federal, State
and local level as NTIA implements the BTOP program.

Question 6. Although NTIA is the National Telecommunications and
Information Administration, it tends to focus on telecommunications
issues. Yet, NTIA needs to grapple with some difficult issues such as
online copyright. Do you think Internet Service Providers should be
required to take more steps to prevent piracy of software, music, and
movies?
Answer. The Recovery Act requires grant recipients to comply with
all applicable Federal, state and local laws. Federal law prohibits
copyright piracy. If confirmed, I look forward to working with you and
members of the Committee to find the most appropriate way to prevent
copyright piracy and other illegal activities over the Internet.

Question 7. Over the last 10 years, the U.S. has gone from being a
world leader in Internet penetration to being 16th or 20th or worse,
depending upon what statistics you read. Why did that happen? What can
be done to reverse the trend?
Answer. As the Nation that nurtured the creation of the Internet,
the United States leadership position on Internet access penetration is
extremely important to our economy, our society, and our culture.
Recognizing its potential to enhance economic growth and address other
key challenges facing our nation, such as improving health care
delivery and deploying smart grid technology, increased deployment and
adoption of broadband services is a top technology goal for the Obama
Administration. Expanding access to broadband services is indeed
critical to our Nation's economic competitiveness.
The most recent ranking of broadband penetration per 100
inhabitants compiled by the Organization for Economic Cooperation and
Development (OECD) placed the United States 15th among the 30 OECD
member countries. There are some methodological concerns with the OECD
study and other studies do not show as great a decline. Nonetheless,
the President has indicated this and similar rankings are unacceptable
and he has called for our Nation to restore its position as the world's
broadband leader. An important first step to address the lack of access
to broadband services in unserved and underserved areas in the U.S. is
the Broadband Technology Opportunities Program, established by the
American Recovery and Reinvestment Act (P.L. 111-5). In addition to the
$4.7 billion in grant support made available through this program and
the companion program administered by the U.S. Department of
Agriculture's Rural Utilities Service, the Recovery Act's provisions
directing the Federal Communications Commission to develop a national
broadband plan, and NTIA to develop and maintain a broadband map, will
serve as critical sources of information to enable our Nation to
reverse this trend.

Question 8. During the campaign, President Obama said that
reforming our universal service system will be a priority. I think that
this essential if we are going to ensure affordable Internet access in
the rural parts of my state. What principles should guide any effort to
reform universal service? Which other countries might provide models?
Answer. This country has a long tradition of ensuring that Rural
America has access to connectivity on an affordable basis. Decades ago
policymakers developed a ``Universal Service'' program to promote
investment in rural areas and reasonably comparable telephone services
at reasonably comparable rates to urban areas. This system has served
us well in the past but as new technologies with new capabilities have
emerged, it has become evident that a modernized program must be
developed to serve the needs of all Americans in the Information Age.
In the new global economy, our legacy support system must be replaced
with one that fosters widespread availability and affordability of a
broadband infrastructure of connectivity appropriate for the times. Key
principles to reforming universal service include competitive
neutrality, technological neutrality, affordability, and
sustainability, balancing the goals of efficiency and equity. Any such
program must be prudently combined and coordinated with other policy
actions, such as pro-competition policies and--where markets fail and
government intervention becomes necessary--an appropriate targeting of
other types of support such as infrastructure grants or loans. NTIA
will seek to work with the FCC and RUS, with the advice of major
stakeholders, to develop an updated mix of policies to foster
affordable connectivity in all areas. This examination should properly
be wide-ranging, including a consideration of creative solutions and
best practices wherever they may be found, regardless of country of
origin. Other countries are just beginning to grapple with the issue of
transforming their universal access/service programs to support
broadband services and we will endeavor to learn from them just as they
will be reviewing our actions in this area.
______

Response to Written Questions Submitted by Hon. Mark Begich to
Lawrence E. Strickling
Question 1. Alaska has extreme rural conditions, which make
broadband access extremely difficult. Currently many rural villages
depend on satellite services for Internet connection. This service is
slow and expensive. In addition, it is taking up large amounts of
spectrum needed for public safety and expanding demands on satellites
for national security. Alaska lacks connection to the terrestrial
Internet backbone and has to receive Internet access through satellite.
Will the NTIA's definition of unserved areas include those areas, such
as Alaska, with spotty service at best?
Answer. I recognize that Alaska has unique challenges when it comes
to the deployment and adoption of broadband service, and, if confirmed,
I will work with you and your staff to ensure that the eligibility
criteria and definitions take into account Alaska's unique situation
and do not unintentionally preclude those in Alaska from participating
in the program.

Question 2. The short construction season in Alaska necessitates
special consideration in grant funding. Will there be special
provisions allowing for extended grant funding for those projects
facing tight construction seasons?
Answer. The Recovery Act requires that recipients of broadband
grants substantially complete their projects within 2 years on an
award. Where there are unique circumstances, such as shortened
construction seasons due to climate, that could prevent a project from
being completed, I look forward to working with you and your staff, as
well as grant recipients, so that such anomalies do not unfairly hinder
the opportunity of Alaskans to share in the benefits of the Recovery
Act.

Question 3. Another significant issue facing broadband deployment
is the high cost of construction for the ``middle'' mile in Alaska.
Currently most of rural Alaska depends on satellite for the long haul
transport. A few providers in Alaska are working on fiber optics or
microwave systems in order to provide service to the outlying areas.
The only way these projects can come to fruition is with joint ventures
and public private partnerships. Will the NTIA give priority to these
types of partnerships to move these communities off satellite and onto
broadband service?
Answer. Joint ventures and public/private partnerships may well
offer an efficient and effective way to deliver broadband service to
rural Alaska. If confirmed, I look forward to receiving applications
from such applicants in rural Alaska.

Question 4. Will the NTIA require projects maintain their
sustainability after the government funding ceases?
Answer. In order to maximize the benefits of public dollars
invested through the BTOP program, if confirmed, I intend to ensure
that NTIA abides by the Recovery Act's provisions concerning
sustainability. As Congress determined, sustainability is one of the
critical factors in choosing which applications qualify for BTOP funds
and, if confirmed, I will ensure that each project selected for funding
has developed an appropriate and sustainable business case for the
services to be offered.

Question 5. Will there be any open access requirements for funded
projects, allowing multiple providers to lease capacity on the grant-
funded system at reasonable rates?
Answer. The Recovery Act requires that NTIA establish
interconnection and non-discrimination obligations as contractual terms
of any broadband infrastructure grants. If confirmed, I will work with
NTIA to implement these obligations for potential grant applicants in a
clear and straight-forward manner so as to ensure that the goals of the
Recovery Act are fully implemented.

Question 6. The Rural Utility Service statutory language stresses
the importance of bringing competition into a service area. In Alaska,
with sparse population in rural areas this policy is unrealistic. As
the NTIA Administrator, will you recognize the needs of small
communities and the importance of having at least one broadband
provider?
Answer. It is the President's goal that every community shall have
access to broadband services at the highest speeds possible. As you
know, NTIA is obligated to define such terms as ``unserved'' and
``underserved'' so that broadband grant funds can be deployed in the
most efficient and effective manner possible. If confirmed, it is my
intention that the grant program be designed to further these statutory
objectives.

Question 7. Alaska Native and Village Corporations play an
important role in providing infrastructure for their communities. Will
tribal entities receive priority funding or incentives for providing
service to tribal lands, or in the case of Alaska, villages?
Answer. The Recovery Act states that tribes are among those public
entities that are eligible to apply for broadband grants through the
BTOP program. If confirmed, I will ensure that NTIA implements the
statute to ensure that entities such as tribes and other political
subdivisions have the fullest opportunity to apply for funding.
______

Response to Written Questions Submitted by Hon. Kay Bailey Hutchison to

Lawrence E. Strickling
Question 1. With regard to the broadband grant program, NTIA's
primary focus must be on unserved communities. I understand that the
program's rules are currently being formulated, but please describe how
you ultimately intend to show that unserved communities benefit from
this grant program.
Answer. NTIA should develop metrics to accurately and demonstrably
show whether taxpayer funds are being used well, and whether the BTOP
program is achieving the goals established by Congress in the Recovery
Act. There are a number of outcomes that could be used to show that
unserved communities benefit from this program, including households
passed with broadband service, speed of Internet service, jobs created,
affordability of broadband offerings, and adoption of broadband
service. As Congress wisely instructed, NTIA will require recipients of
broadband grant funds to regularly report on progress and outcomes of
their project. If confirmed, I will ensure that the appropriate
measures are developed to accurately evaluate whether broadband
investments are meeting these shared objectives.

Question 2. Please describe your plans for effective oversight over
the broadband program to avoid waste, fraud and abuse.
Answer. The prevention of waste, fraud, and abuse is a key priority
for me and the entire BTOP program. As you are aware, one of the
program's first steps was to transfer $10 million to the Inspector
General (IG), as required by the Recovery Act, to ensure that taxpayer
dollars are wisely and ethically spent. If confirmed, I will work
closely with the IG to meet these goals. Already NTIA has pursued
transparency and openness to the greatest extent possible. It has
hosted public meetings here in Washington and around the nation, and
solicited public comment on questions related to the program
implementation, all of which are posted on its website. I also intend,
if confirmed, to ensure that we implement a robust program of
inspection and audits in accordance with accepted government practices.
As the program expands, I intend to provide as much information as
possible--including information about grant applicants and recipients,
quarterly reports, and more--to the public. President Obama believes,
and I believe, that giving as much information to the public as
possible can help ensure the effective and efficient expenditure of
taxpayer dollars.

Question 3. Concerning the broadband grant program, the statute
requires the funded networks to adhere to, yet-to-be-determined,
``openness'' requirements. Although the Internet has, of course,
fundamentally altered our lives for the better, as you know, every year
billions of dollars in stolen copyrighted works are exchanged over the
Internet. How will you help ensure that any openness requirements do
not have the unintended effect of facilitating copyright piracy, or
curtailing enforcement against?
Answer. The Recovery Act requires grant recipients to comply with
all applicable Federal, state and local laws. Federal law prohibits
copyright piracy. If confirmed, I look forward to working with you and
members of the Committee to find the most appropriate way to prevent
copyright piracy and other illegal activities over the Internet.

Question 4. I cosponsored Senator Kerry's bill, the Radio Spectrum
Inventory Act, because the time is overdue to reclaim unused spectrum
and put it to more productive uses. Please describe how you plan to
approach NTIA's spectrum program.
Answer. I recognize the importance of wireless technologies to our
economy, business productivity, and personal efficiency. Accordingly,
if confirmed, I will devote a substantial amount of my time to spectrum
policy and will support a spectrum inventory that accounts for the
spectrum use of the Federal and non-Federal radio communities. At the
same time, I am sensitive to the fact that Federal agencies have
Congressional mandated missions and many of those missions require
mobile communications and unhindered response. These pertain to
defense, homeland security, transportation safety, and others. Many of
the technologies used by the government require access to specific
bands due to technical reasons.
It is understandable that Federal agencies, in performing their
defense, homeland security and law enforcement, and safety activities
will be concerned regarding any requirement to make public the location
and frequency of many of their operations. Recognizing these concerns,
I will work to ensure that responsive information is provided while
also protecting sensitive information.
______

Response to Written Questions Submitted by Hon. Olympia J. Snowe to
Lawrence E. Strickling
Question 1. NTIA has the primary responsibility of managing the
U.S. Government's relationship with the ICANN. In early 2008, NTIA
conducted a mid-term review of the Joint Project Agreement between the
two entities and that agreement is set to conclude on September 30.
Various concerns the domestic Internet community and businesses
have raised during the mid-term review regarding the need for ICANN to
make greater progress in the areas of accountability; responsiveness;
stakeholder participation; increased contract compliance; and enhanced
competition. Many also stressed the risks that might develop if the JPA
and U.S. oversight of ICANN diminished prematurely--mainly in light of
all the significant change that will be occurring such as expansion of
generic top level domains, the introduction of internationalized domain
names, the installation of a new CEO, and the ultimate migration from
IPv4 to IPv6.
When the JPA concludes in September, how can our government work
with ICANN, our businesses, and the international community, post-JPA,
to assist the organization in continuing its mission of ensuring the
security and stability of the Internet and advancing the communal goals
that were prescribed in the JPA by both parties?
Answer. Regardless of whether the JPA is terminated, modified or
extended, it is my belief that NTIA will continue to be an active
participant in ICANN by representing the U.S. Government in ICANN's
Governmental Advisory Committee (GAC) as well as filing comments, as
needed, in ICANN's various public consultation processes. If confirmed,
I can assure you that the views NTIA advocates will be based on robust
and meaningful consultation with U.S. industry as well as our
international partners and will be guided by the need to preserve the
security and stability of the Internet's Domain Name and Addressing
System (DNS).

Question 2. Do you believe the Department of Commerce should stay
involved with ICANN through a temporary extension of the JPA or a third
iteration of an agreement, as some have suggested, until these key
issues have been reviewed and settled? The JPA is in essence the fourth
extension of the Memorandum of Understanding so it doesn't seems
inappropriate to have those discuss about some type of extension or a
new iteration of the agreement between the parties, does it? Or do we
need to replace the JPA and U.S. government oversight with some other
mechanism that ensures the appropriate level of accountability to the
stakeholders of ICANN that is outside the traditional relationship
between U.S. Government and ICANN?
Answer. It is my understanding that irrespective of the Joint
Project Agreement (JPA), the Department's relationship with ICANN will
continue as ICANN currently performs the Internet Assigned Names
Authority (IANA) functions under contract to the Department. With
respect to the JPA, I am aware that NTIA released on April 24th, a
Notice of Inquiry (NOI) seeking input on these issues. I do not wish to
pre-judge the outcome of this public comment process, but I can assure
you that if I am confirmed the comments received will inform any
decision made about the JPA's future.

Question 3. One of the most significant challenges we are facing
with the respect to the Internet is with cyber threats and cyber
security. Our government networks and even private computers systems
are constantly being bombarded by cyber attacks on daily basis. These
cyber attacks are much aggressive and sophisticated in nature and pose
an increasingly serious and costly threat to U.S. government and
commercial networks and infrastructure.
Typically these organizations are leveraging botnets--networks of
hundreds of thousands and sometimes millions of high-jacked personal
computers. One botnet, known as the Conficker botnet, has grown so
immense and extensive that it is estimated to consist of possibly more
than 10 million compromised computers. Each conficker botnet computer
can send approximately 10,000 to 20,000 illegal spam messages a day.
ICANN should certainly be applauded in their efforts of working with
parties such as the ccTLD managers to disrupt and eliminate the
conficker botnet.
But the severity of the situation and threats are why I joined
Chairman Rockefeller in introducing comprehensive cyber security
legislation so we can harden on networks and infrastructure and better
protect ourselves from the growing threats.
The legislation calls for NTIA to implement a secure domain name
system (DNS) since the DNS is absolutely critical to communications
over the Internet. However, such voluntarily efforts have moved a
glacial pace unfortunately and is somewhat at a standstill in securing
the root (global) level of the DNS. Will NTIA work with ICANN to
resolve some of the political issues that have delayed securing the
DNS?
Answer. Let me assure you that preserving the security and
stability of the Internet's domain name and addressing system (DNS)
will continue to guide NTIA activities in this area if I am confirmed.
I understand that the deployment of a security technology called Domain
Name Security Extensions (DNSSEC) will help in this regard and that
NTIA is in a unique position to help facilitate broader DNSSEC
deployment. If confirmed, I will see that NTIA works with ICANN and
technical experts to protect the DNS from existing and future threats.

Question 4. Some countries are concerned about U.S. control over
the Internet, and may reject any centralized keying for this reason.
What are your preliminary thoughts about the controversy of signing the
root zone? Last fall, NTIA issued a Notice of Inquiry about DNS
security with comments due last November. Can you provide an update as
to any decisions derived from that NOI?
Answer. It is my understanding that signing of the root zone does
not mandate the use or deployment of DNSSEC as it is an opt-in
technology. My review of the NOI public record suggests that there is
almost unanimous consensus for DNSSEC to be implemented at the root
zone level as soon as possible, in a manner that maintains the security
and stability of the DNS. If confirmed, I will ensure that NTIA works
collaboratively with the international technical community to obtain
the widest possible support for DNSSEC deployment at the root zone
level.

Question 5. There are over 1.5 billion Internet users globally,
which is absolutely amazing. However, what is even more amazing is that
there are more than 4 billion cell phone users worldwide. Mobile phones
are the single most widespread information and communication technology
today and for good reason. The Increased mobility, access, and
productivity are all tangible results of wireless technology so a once
nascent service has emerged as an indispensible tool that millions of
consumers and countless businesses use on a daily basis.
But with all this growth, we are seeing constraints--spectrum is
already a scarce resource in many areas--there is no new spectrum to
allocate, only redistribute. That is why we must be proactive in
advancing supportive spectrum policy and spectrum availability. Even
President Obama and senior officials of the Administration have called
for better use of the Nation's wireless spectrum.
To assist in this effort, Senator Kerry and I have introduced
legislation that calls for a comprehensive and accurate inventory of
how the spectrum managed by both NTIA and the FCC are currently being
used and how. This is the first step in tackling comprehensive spectrum
policy reform. Do you support such a spectrum inventory effort, given
that there is at the very least a perceived scarcity of spectrum for
advanced communications and broadband services?
Answer. Yes. I recognize the importance of wireless technologies to
our economy, business productivity, and personal efficiency.
Accordingly, I support a spectrum inventory that accounts for the
spectrum assigned both to Federal and to commercial interests. This
includes the spectrum already auctioned or allocated, though not yet
auctioned, for advanced wireless. At the same time, I am sensitive to
the fact that Federal agencies have Congressional mandated missions and
many of those missions require mobile communications and unhindered
response. These pertain to defense, homeland security, transportation
safety, and others. Many of the technologies used by the government
require access to specific bands due to technical reasons. I believe
that an inventory will provide a sound basis for evaluating the
availability of spectrum and efficient use of this scarce resource.

Question 6. What additional resources would NTIA require to
complete an accurate inventory?
Answer. I understand that the only information not currently
available in NTIA's database relates to the time component of systems'
use and the numbers of end users. To obtain this information, NTIA
would need to query the Federal agencies and seek their support to put
the information together. If confirmed, I will work to facilitate this
process.

Question 7. In 2006, the Spectrum Management Advisory Committee,
was established to advise NTIA on spectrum policy and reform. The
advisory committee has issued several reports with recommendations to
improve spectrum efficiency, transparency, and accountability. Can you
agree to provide this Committee an update of as to the status of those
recommendations whether they have been implemented or not?
Answer. It is my understanding that the Administration is currently
reviewing the CSMAC's recommendations as it begins to reactivate the
CSMAC for a new term. The CSMAC's final transition report should serve
as the focal point of NTIA's review since it concisely identifies the
actionable recommendations. If confirmed, I will be happy to update the
Committee with regard to the CSMAC's recommendations and NTIA actions
taken to implement those recommendations.
______

Response to Written Questions Submitted by Hon. John Ensign to
Lawrence E. Strickling
Question 1. The American Recovery and Reinvestment Act provides
NTIA the authority to allow broadband service providers (BSPs) to be
eligible to receive funding under the NTIA Broadband Technology
Opportunities Program (BTOP). Given that these companies are in the
business of deploying broadband and connecting users to the Internet,
they may be some of the entities best positioned to hit the ground
running. Do you think NTIA should allow BSPs to apply for and to
receive BTOP funding?
Answer. The Recovery Act states that for-profit entities such as
broadband and infrastructure providers, shall be eligible to apply for
grants if the Assistant Secretary finds it to be in the public
interest. As a general matter, I believe encouraging the widest
possible array of applications will best achieve the goals established
by the Recovery Act. However, until I am confirmed and can review the
public record on this question, it would not be appropriate for me to
indicate whether the public interest standard has been met.

Question 2. The American Recovery and Reinvestment Act requires
that NTIA, in coordination with the FCC, shall publish ``non-
discrimination and network interconnection obligations that shall be
contractual conditions [for] grants'' issued under the Broadband
Technology Opportunities Program (BTOP). I am concerned that if these
conditions are too burdensome that some of the broadband providers that
are most able to quickly and efficiently deploy broadband
infrastructure will choose not to apply for BTOP grants. Do you share
this concern? What steps do you plan to take in order to ensure maximum
participation by broadband providers in BTOP?
Answer. The Recovery Act requires NTIA to publish network
interconnection and non-discrimination obligations that are to be
contractual conditions of any broadband grants it awards pursuant to
the Act. These obligations must, at a minimum, adhere to the principles
contained in the 2005 broadband policy statement adopted by the Federal
Communications Commission. I understand that in March, NTIA released a
Request for Information (RFI) that sought public comment on a number of
important issues, including the extent of non-discrimination and
network interconnection obligations it should require of grant
recipients. If confirmed, I will ensure that the public comments help
inform the definitions of non-discrimination and interconnection, and
will adequately protect consumers while promoting the shared goals of
widespread investment in broadband networks and widespread
participation in the grants program.

Question 3. The NTIA Broadband Technology Opportunities Program is
designed to encourage and advance the deployment of broadband to
unserved and underserved communities. Next-generation wireless
broadband technologies such as LTE and WiMAX may be well suited to
reach these populations. What steps will you take to ensure that
wireless broadband technologies will be included in NTIA's broadband
efforts?
Answer. The Recovery Act states that NTIA should ensure that
projects reach the greatest number of people at the highest speed to
the greatest extent possible. The statute also requires that NTIA
implement the program in a technology-neutral fashion. As Congress has
recognized, different technologies bring different advantages depending
on the demographics of the area to be served. If confirmed, I intend
for NTIA to welcome the participation of all technologies that will
best achieve the goals of increased broadband deployment, and higher
speeds, to the greatest population of users.
______

Response to Written Questions Submitted by Hon. Jim DeMint to
Lawrence E. Strickling
Question 1. The United States broadband market is among the most
competitive in the world. The FCC reports that more than 90 percent of
the Nation's population is served by multiple broadband competitors. A
highly competitive market ensures rapid innovation, deployment, and
investment. Private investment is why, in a nation as geographically
and demographically diverse as ours, broadband has gone from
essentially non-existent to nearly ubiquitous in less than one decade.
With its focus on greater taxpayer funding of broadband deployment, how
will this Administration's policies help sustain and encourage the high
levels of private investment we are accustomed to in the United States?
What steps will you take to ensure that public investments do not
substitute, or diminish the incentives, for continued private
investment?
Answer. The Broadband Technology Opportunities Program of the
American Recovery and Reinvestment Act of 2009 has many important
goals. For example, one of these is to ensure that improved access to
broadband service to consumers living in ``unserved'' areas of the
United States. Another purpose of the program is to provide improved
access to broadband service to consumers residing in ``underserved''
areas. Although private investment has been instrumental in getting
broadband to many segments of the population, the fact remains that
millions of Americans still do not have access to broadband. And, where
access is available, adoption of broadband is often lagging due to a
variety of factors, including cost, service problems, or an under-
appreciation of the economic, educational, and civic benefits that
broadband can produce. The $7.2 billion allocated by the Recovery Act
is meant to provide a jump start for viable, sustainable, and scalable
broadband projects. BTOP funding should serve to promote and enhance
private-sector investment, and will not supplant the efforts of
existing providers to serve Americans with broadband. In fact, the Act
requires that applicants demonstrate that projects would not have moved
forward on their own. What the BTOP program can do is to support
innovative, test-bed concepts for broadband expansion that can serve as
a catalyst and guide for private-sector investment.

Question 2. Under the Broadband Technology Opportunity Program
(BTOP), the NTIA will make up to $4.7 billion in grants with taxpayer
money. Among the conditions imposed on receipts of these grants are
``nondiscrimination obligations'', to be defined by the NTIA. While I
believe such vague obligations are a solution in search of a problem, I
understand the desire to require or limit certain behavior by
recipients of taxpayer funding. But, even if nondiscrimination
obligations were necessary, there should be a distinction between how
such obligations are applied to legal versus illegal activity. For
example, this requirement potentially will force a grant recipient to
treat an electronic copy of the Constitution the same as child
pornography, or a legally downloaded movie the same as a pirated and
illegally-downloaded copy of the same movie. How will you address the
distinction between legal and illegal activities when defining
nondiscrimination obligations? Should recipients of BTOP grants be
prohibited from treating illegal activities and content on their
networks differently than legal activities and content?
Answer. The Recovery Act requires grant recipients to comply with
all applicable Federal, state and local laws. Federal law prohibits
copyright piracy. If confirmed, I look forward to working with you and
members of the Committee to find the most appropriate way to prevent
copyright piracy and other illegal activities over the Internet.

Question 3. In 2006, Congress passed the Warning Alert and Response
Network Act. The purpose of that law was to provide Americans with
emergency alerts direct to their now ubiquitous wireless devices. The
Commercial Mobile Service Alert Advisory Committee has handed off a
road map to the Department of Homeland Security to conduct research,
development, testing, and evaluation, including Alert Origination, the
Federal Aggregator, and Gateway, to enable the capabilities necessary
to deliver emergency alerts from emergency managers to wireless mobile
devices. If confirmed you would have the responsibility under the WARN
Act to transfer funds as needed to the Department of Homeland Security
to conduct these crucial activities as their experts deem most
appropriate. Can you assure me that you will provide the Department of
Homeland Security with all the funds they need as requested by them to
execute this essential program and will not divert funds to other
projects that could undermine the ability of DHS to conduct the
research and development necessary to ensure that wireless devices can
optimally receive emergency alerts generated by America's first
responders as soon as possible?
Answer. The creation of a unified national system capable of
alerting the public, on a national, regional, and local basis to
emergency situations using a variety of communications technologies is
an important goal in which NTIA has a key role to play under the
Deficit Reduction Act and the WARN Act. The WARN Act charged the
Commercial Mobile Service Alert Advisory Committee with the development
of the architecture for a national alerting system and the Federal
Communications Commission (FCC) with the adoption of the process
through which commercial mobile service providers can voluntarily elect
to transmit emergency alerts and the requirements for public television
broadcasters to install the necessary equipment to enable such
providers to distribute geographically targeted messages. The Deficit
Reduction Act provided NTIA with $156 million to support a national
alerting system and the WARN Act charged NTIA with funding certain of
these activities. To meet its obligations, I understand that NTIA has
already made available $50 million to the National Oceanic and
Atmospheric Administration (NOAA) to support a tsunami warning and
coastal vulnerability program and $10 million for grants to support
outdoor alerting in remote communities. NTIA has also made over $4.7
million available to the Department of Homeland Security's Science and
Technology Directorate to permit the Directorate to plan and design a
research, development, testing and evaluation program to facilitate the
transmission of emergency alerts by commercial mobile service
providers. The WARN Act requires NTIA to use the remaining funds made
available under the Deficit Reduction Act to compensate public
television broadcasters for the reasonable costs they incur in
complying with the FCC's requirements and to make adequate funds
available to the Directorate for its research program. If confirmed, I
intend to fully meet both obligations.
______

Response to Written Questions Submitted by Hon. John Thune to
Lawrence E. Strickling
Question 1. The stimulus legislation provides for the creation of a
national broadband strategy. What do you believe should be the
fundamental components of that strategy? Do you anticipate filing
public comments on the FCC's national broadband policy proceeding?
Answer. Since the passage of the Recovery Act, NTIA has been
working closely with its partners at the Federal Communications
Commission and the Department of Agriculture's Rural Utilities Service
(RUS). I would expect NTIA to be active in coordinating with the FCC on
its plan. Whether that coordination would benefit from NTIA's filing
public comments would be determined in the course of those discussions.

Question 2. Can you discuss what you see as the timing of broadband
funding? Recent reports indicate grants for the first round of funding
will not be awarded by NTIA until September. Given the primary thrust
of the stimulus was job creation, can anything be done to speed the
timing of the awards?
Answer. The NTIA has been working as expeditiously as possible to
implement the Broadband Technology Opportunities Program (BTOP). As you
can imagine, implementing this new program requires significant
planning, the development of rules, and developing the programmatic
infrastructure necessary to effectively and efficiently award grants.
NTIA is committed to ensuring that the public's investment is spent
wisely. However, while these significant preparations likely mean that
this fall is the earliest that NTIA will be able to make awards, I will
take all appropriate steps to ensure that grant funds are distributed
as quickly as possible, such as rolling awards, to maximize the
stimulative effect of the program on job creation.

Question 3. In terms of what constitutes ``unserved'' and
``underserved'' areas, those terms were largely left to NTIA to
interpret and define. In your mind, what constitutes an ``unserved''
and an ``underserved'' area?
Answer. Settling on the definition of ``unserved'' and
``underserved'' must take place before grants can be awarded to
qualified and eligible applicants. NTIA has received a remarkable level
of public input in response to its March 2009 Request for Information
on the definition of these terms as well as a number of other critical
issues that impact the effective implementation of this program. In its
upcoming Notice of Funds Availability (NOFA), NTIA will further define
these terms. And while I am not in a position to make those decisions
at this time, I do believe there are a number of factors that should
affect how we determine unserved and underserved areas. For example,
unserved areas are likely to be those places where households and
businesses lack access to Internet service at appropriate speed levels.
As the public comments reflect, the definition of underserved is more
likely to incorporate a variety of factors--gaps in service, speed,
cost, to name a few--that impact the public's ability to take full
advantage of the benefits of broadband service.

Question 4. The stimulus legislation references non-discrimination
within the Broadband Technology Opportunity Program. How do you plan to
comply with this directive while still allowing network providers to
protect against the illegal transmission of copyrighted material, and
protect children from dangerous online activity?
Answer. The Recovery Act requires grant recipients to comply with
all applicable Federal, state and local laws. Federal law prohibits
copyright piracy. If confirmed, I look forward to working with you and
members of the Committee to find the most appropriate way to prevent
copyright piracy and other illegal activities over the Internet.
______

Response to Written Questions Submitted by Hon. Johnny Isakson to
Lawrence E. Strickling
Question 1. I have heard concerns in my state regarding middle mile
projects in underserved areas. The concern is that NTIA may only fund
last mile applications without considering middle mile projects. Given
the limited amount of resources would you consider, in ``underserved
areas'', limiting funding to only projects that seek to build high
capacity ``middle mile'' infrastructure?
Answer. In the American Recovery and Reinvestment Act of 2009
(Recovery Act), Congress required NTIA to award competitive grants
based upon factors such as whether a grant will increase the
affordability of, and subscribership to, broadband service to the
greatest population of users in an area, and provide the fastest
broadband speeds possible. The Recovery Act also directs NTIA to
consider the extent to which a grant will increase broadband access to
public safety agencies, educational institutions, health care
providers, vulnerable communities, and other stakeholders. In its
Conference Agreement, Congress specifically expressed its intent that
middle-mile projects be eligible for funding if they meet the broadband
needs of the area served. The Recovery Act also provides funding for
non-infrastructure projects, such as public computing centers and
programs that will promote broadband adoption. I expect the Notice of
Funds Availability (NOFA) that NTIA plans to publish this summer will
describe in much greater detail the criteria by which applications will
be reviewed and evaluated. I fully expect middle-mile projects to be
among the innovative and cost-effective proposals that will meet the
goals established by Congress in the Recovery Act. However, in light of
statutory requirements, I do not believe it would be appropriate to say
that all grants to underserved areas can or should be limited to
middle-mile projects, particularly in light of the directive to fund
other categories of projects.

Question 2. It seems limiting these areas to receiving money for
``middle mile'' projects would ensure significant broad-based
improvements in high-speed broadband availability is possible without
creating a competitive disadvantage for existing reliable ``last mile''
providers, such as existing cable and phone providers who have already
made private investments, and who already have a proven track record of
operating networks successfully. Do you agree?
Answer. For the reasons stated in my previous response, I cannot
say that all grants to underserved areas will be limited to middle-mile
projects, particularly in light of the statutory directive to fund
other categories of projects. However, I would expect NTIA, in making
grants, to take account of the presence and status of existing
providers, as those factors will help inform where and how broadband
grants can best promote improved broadband service and adoption in that
community.
______

Response to Written Question Submitted by Hon. David Vitter to
Lawrence E. Strickling
Question. Are there security concerns around the running of the
core infrastructure of the Internet that should be addressed before the
U.S. Government gives up oversight of ICANN? For example, should NTIA
agree to ICANN's plan to take over all security management for the
Internet root zone?
If the Department of Commerce allows the ICANN Joint Partnership
Agreement to expire, what oversight mechanisms will there be to ensure
accountability absent the Department of Commerce? How will the input of
private sector stakeholders be incorporated into such oversight
mechanisms? The proposed plan suggests that doing away with the ICANN
Board is the answer, but there are concerns that such a change would
not be a viable option. Also, we have heard a clear message from the
United Nations, which thinks it should manage Critical Internet
Resources instead of the private sector. Do you agree with this
assessment?
Answer. If confirmed, my goal will be to continue to preserve the
security and stability of the Internet's domain name and addressing
system (DNS) and my decision with respect to the future of the Joint
Project Agreement (JPA) will be consistent with that goal. I understand
that NTIA released on April 24th, a Notice of Inquiry (NOI) seeking
comments on these issues. The public record developed through this
process will also inform any decision made about the JPA's future and I
look forward to working with you and the Committee on this important
issue.
______

Response to Written Question Submitted by Hon. Sam Brownback to
Lawrence E. Strickling
Question. The U.S. benefits from more private broadband investment
than any other country. In 2008, it is my understanding that U.S.
broadband providers invested more than companies in Japan, France, UK
and Germany combined. Can you discuss how the Administration can help
sustain this level of private investment, especially in today's
challenging economic environment?
Answer. The Broadband Technology Opportunities Program of the
American Recovery and Reinvestment Act of 2009 has many important
goals. For example, one of these is to ensure that improved access to
broadband service to consumers living in ``unserved'' areas of the
United States. Another purpose of the program is to provide improved
access to broadband service to consumers residing in ``underserved''
areas. Although private investment has been instrumental in getting
broadband to many segments of the population, the fact remains that
millions of Americans still do not have access to broadband. And, where
access is available, adoption of broadband is often lagging due to a
variety of factors, including cost, service problems, or an under-
appreciation of the economic, educational, and civic benefits that
broadband can produce. The $7.2 billion allocated by the Recovery Act
is meant to provide a jump start for viable, sustainable, and scalable
broadband projects. BTOP funding should serve to promote and enhance
private-sector investment, and will not supplant the efforts of
existing providers to serve Americans with broadband. In fact, the Act
requires that applicants demonstrate that projects would not have moved
forward on their own. What the BTOP program can do is to support
innovative, test-bed concepts for broadband expansion that can serve as
a catalyst and guide for private-sector investment.
______

Response to Written Questions Submitted by Hon. John D. Rockefeller IV
to John Porcari
Question 1. The Essential Air Service (EAS) program funds subsidies
that allow airlines to provide critical air service to small and rural
communities. President Obama recently committed in his FY 2010 budget
proposal to provide a significant increase to the EAS program. In
addition to this funding increase, what steps do you believe should be
taken to improve the effectiveness of this program?
Answer. The Essential Air Service program provides a vital link to
the national air transportation system for many communities across the
country. The EAS program, however, has remained fundamentally unchanged
since its inception while the aviation landscape has changed
dramatically with the spread of the hub-and-spoke system, regional
jets, and low-fare carriers. If confirmed, I would like to actively
review the challenges facing EAS and work closely with Congress to
develop a more efficient and sustainable program that ensures the
program remains responsive to the needs of rural America.

Question 2. What challenges, if any, do you see to implementing the
national surface transportation policy, objectives and goals that are
included in the Rockefeller-Lautenberg Federal Surface Transportation
Policy and Planning Act of 2009 that was introduced last week. How do
you believe the Federal Government can best work with states to ensure
effective implementation of the policy, objectives, and goals?
Answer. Many experts in the transportation industry believe 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. If confirmed I look forward to
working with this Committee and others to determine how best to achieve
our national goals.

Question 3. The American Recovery and Reinvestment Act of 2009
provides significant funding to several programs within the Department,
including unprecedented funding of intercity passenger rail grant
programs. What mechanisms should be in place for effective oversight of
selected projects?
Answer. I have been pleased to learn that extensive actions are
underway to assure effective oversight of the American Recovery and
Reinvestment Act of 2009 (ARRA) funds at DOT. In addition to the $20
million that Congress provided to the Inspector General, the active
oversight by the Government Accountability Office, and the supervision
within the entire Executive Branch by the new Recovery Accountability
and Transparency Board, the Office of Management and Budget has
specified comprehensive and systematic ``Risk Assessment'' procedures
for the expenditure of ARRA funds. Furthermore, these activities are
being publicized by the Recovery.gov team for maximum transparency.

Question 4. Currently, the transportation sector is the largest
contributor of greenhouse gas emissions in the United States. What
efforts should the Department take to reduce overall transportation
emissions in the short-term, while still making the movement of people
and goods more sustainable in the long-term?
Answer. Under the President's leadership the Department is already
taking steps to lower greenhouse gas emissions from transportation.
Just yesterday the President announced a plan under which NHSTA will
issue fuel economy standards for new cars and light trucks starting in
2012 that will bring the mileage of the U.S. fleet to its highest level
ever. In addition, the surface transportation reauthorization is an
opportunity to build on this progress by choosing investments that will
lead to a less carbon-intensive transportation system over the long
term.
______

Response to Written Questions Submitted by Hon. Mark Pryor to
John Porcari
Question 1. The State Highway Departments in Arkansas and Missouri
will soon jointly submit an application for a grant for the Bella Vista
Bypass project to be part of the American Recovery and Reinvestment Act
(ARRA) Discretionary Grant Program, which provided $1.5 billion for
Secretary LaHood to use at his discretion.
This program was designed by Congress to be used by the Secretary
to provide funding on a competitive basis to state and local
governments or transit agencies for surface transportation projects
that will have a significant impact on the Nation, a metropolitan area,
or a region. The minimum dollar amount for the grant is $20 million and
the maximum is $300 million.
The Bella Vista Bypass, which is an integral portion of the future
I-49 Interstate Corridor, clearly fits the mold for projects that
should be funded under this new account. What role will you have in
helping the Secretary on Recovery Act funds including this
discretionary grant program? Would you please ensure that DOT takes a
close look at this important project as you review incoming
applications?
Answer. I am told that Deputy Secretary Thomas Barrett has had a
major role in the implementation of the American Recovery and
Reinvestment Act of 2009 at the Department of Transportation (DOT) and,
if asked to take a similar role by Secretary LaHood, I would make this
a high priority as Deputy Secretary. The $48 billion appropriated the
Department can and will play a critical role in reviving the National
economy and addressing important transportation infrastructure needs of
the Nation at the same time. The $1.5 billion Discretionary Grant
Program you refer to offers a unique opportunity to target the most
promising surface infrastructure projects we have.
The merit-based criteria for project selection were recently
published, as I'm sure you know, and they lay out the methodology that
will guide the Department in making awards. The project you describe
would, if submitted, certainly receive a full review by the staff
involved.

Question 2. I noticed that during your time as Secretary of
Transportation for the State of Maryland that you oversaw multiple
modes of transportation. Giving the funding needs to maintain and
expand our transportation infrastructure, would you briefly share your
thoughts on traditional funding mechanisms like fuel taxes and newer,
innovative funding mechanisms such as tolling, congestion pricing, and
freight fees?
Answer. I know that the Department is exploring a great number of
issues in preparation for surface transportation reauthorization.
Perhaps the most important and challenging is the question of future
funding of the highway and transit programs and restoration of the
health of the Highway Trust Fund. Many options have been widely
discussed and promoted for funding these programs, including those
presented in the recently published final reports of the two national
commissions established in SAFETEA-LU: the National Surface
Transportation Infrastructure Financing Commission and the National
Surface Transportation Policy and Revenue Study Commission.
I agree with the two SAFETEA-LU commissions that we need to explore
more sustainable revenue sources than the fuel tax to support the
Highway Trust Fund.
______

Response to Written Questions Submitted by Hon. Tom Udall to
John Porcari
Question 1. Mr. Porcari, You oversaw the Maryland State Highway
Administration's efforts to make U.S. Route 301 the Nation's first
``green'' highway, which incorporates new storm water management,
recycled materials, and ecosystem conservation techniques. How will DOT
under your leadership work to further advance ``green highway''
technologies and practices to make our Nation's 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 2. Mr. Porcari, The state of New Mexico is aggressively
addressing the problem of drunk driving through a combination of
enforcement and education efforts. Yet in 2007 alone, there were still
169 fatal alcohol-related crashes in my state. Although the last
highway bill provided grant programs to help states tackle the problem
of drunk driving, it is a still a problem of great concern. What would
you do as Under Secretary for Transportation Policy to further efforts
to reduce drunk driving?
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 Deputy Secretary for Transportation, 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 further requires those convicted of drunk
driving to use ignition interlock devices, an inexpensive technology
endorsed by Mothers Against Drunk Driving and mandated by eleven states
to help prevent repeat offenses.
Do you support requiring the use ignition interlock devices (or
similar devices) for drunk driver offenders? How could the use of such
technology be encouraged nationwide by the Dept. of Transportation?
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. President Obama's vision for high speed rail identifies
ten high-speed rail corridors as potential recipients of Federal
funding. However, none of these corridors is in the southwest. Why is
the southwest region of the U.S. left out of consideration for a high
speed rail corridor? What work or planning would need to be done at the
state, regional, and/or Federal level in order for the southwest to
become part of DOT plans for high speed rail?
Answer. The Department`s strategic plan, Vision for High-Speed Rail
in America, includes a discussion of the ten designated high-speed
corridors in the background section in identifying efforts that had
been undertaken by the Federal Government over the past twenty years to
lay the groundwork for an expansion of high speed rail and intercity
passenger rail in America. The corridor designations were based on
State applications for corridors expected to achieve 90 miles per hour
for grade crossing safety purposes. The American Recovery and
Reinvestment Act of 2009 provides $8 billion to the Secretary for
expenditure on three different rail passenger programs with the
allocation among the programs to be decided at the Secretary's
discretion. The three programs are capital investment grants to support
intercity passenger rail service (authorized by section 301 of the
Passenger Rail Investment and Improvement Act of 2008 (PRIIA)),
congestion grants (authorized by section 302 of PRIIA), and high-speed
rail corridor development (authorized by Section 501 of PRIIA). Only
the high-speed rail corridor development program is limited to
designated high-speed rail corridors (see 49 U.S.C. 26106(b)(2)).
This is not a significant limiting factor for Recovery Act funding
because of the broad discretion provided to the Secretary under the
Recovery Act. The strategic plan indicates that DOT will have three
separate ``tracks'' for funding under the Recovery Act and available
annual appropriations: (1) grants to complete individual projects
eligible under the intercity passenger rail service program ( 301) and
the congestion program ( 302) for the benefit of existing services;
(2) cooperative agreements to develop entire segments or phases of
corridor programs eligible under the intercity passenger rail service
program ( 301) and high-speed rail corridor development program (
501) benefiting new or existing services; and (3) cooperative
agreements for planning activities (including development of corridor
plans and State Rail Plans eligible for funding under Section 301 of
PRIIA) using non-Recovery Act funds. This third track provides States
an opportunity to prepare themselves for any funding remaining in
subsequent application processes under the Recovery Act and/or future
year appropriations. Applicants located in the southwest region of the
United States are eligible to apply for grant funds under any of the
three tracks to the same extent as applicants in other regions of the
country. Application requirements building on the proposed strategy
outlined in pages 13-18 of the strategic plan will be identified in the
Department's application guidance that will be issued on or before June
17, 2009. The Federal Railroad Administration is holding a series of
High-Speed and Intercity Passenger Rail Workshops to seek input from
the rail community in seven regions across the country. One of those
sessions will be held in Houston, Texas on May 29, 2009.
______

Response to Written Question Submitted by Hon. Kay Bailey Hutchison to
John Porcari
Question. Emergency Medical Helicopter Airline Deregulation Act
``Carve-out'' Issue: Being the Secretary of Transportation in Maryland,
I'm sure you are aware of the outstanding issues regarding medical
helicopter safety and regulation because of the high profile accident
in your state last year. Some in the medical helicopter community have
proposed `carving out' the medical helicopter industry from the Airline
Deregulation Act (ADA) of 1978. This Committee has always been
reluctant to dilute, exempt or make special carve outs for industries
as it pertains to the ADA. Do you believe the Department could simply
issue letters of decision on disputed areas versus a change in the law?
Answer. While I am well aware of the underlying issue because of
the tragic accident you refer to, the ``preemption'' issue in this
context is new to me. If confirmed, I would focus on the area of
emergency medical services because of its obvious significance. I am
told that the Department welcomes requests for guidance on whether
particular State regulations comply with the preemption provision of
the Airline Deregulation Act. Case-by-case determinations permit the
Department to carefully address each fact-specific situation
appropriately. If Congress were to consider legislation in this area, I
understand the Department believes a comprehensive study beforehand, to
gather data on whether any systemic problem exists, would be a best
first step.
______

Response to Written Questions Submitted by Hon. John Thune to
John Porcari
Question 1. As a member who represents a large rural state, I am
very concerned about how the next highway reauthorization measure will
impact our State's ability to adequately fund our roads, highways, and
bridges. Given your first-hand knowledge and experience with the
Federal Highway program, you have a unique understanding of its
importance to a state's ability to meet its transportation needs.
The President's recent budget shows the Highway Trust Fund is
perhaps even in a worse situation than we knew--that as of September
30, 2009, the Highway Account will only have $950 million cash on hand.
The administration is proposing that $36 billion in general funds be
appropriated to augment what is available from the Trust Fund for
FY2010, for a total program of $41.8 billion--meaning almost the entire
program would be paid for out of the Treasury next year. What are your
views concerning the current shortfall in the Highway Trust Fund? How
can we most responsibly provide for continued, adequate funding to
ensure we truly continue a ``national'' transportation system?
Answer. Addressing the shortfall in the Highway Trust Fund will be
a major challenge in enacting surface transportation legislation. The
treatment of this shortfall in the budget is intended to be an
indication of the nature of the budgetary problem that needs to be
addressed, rather than a specific proposal for how the shortfall should
be funded. The condition, performance and safety of our transportation
infrastructure are important and we will need the best and most
creative thinking from both the Executive Branch and the legislative
branch and a willingness to work together to address these important
issues. If confirmed, I pledge to work as part of that team.

Question 2. Our Nation's surface transportation policies need to be
crafted in a manner that strikes a proper balance among the many
competing needs and many diverse geographic areas throughout the
country. Do you agree that our national surface transportation policy
must provide investment in a manner that ensures continued connections
to and through rural states, and access for rural states to the larger
transportation system? What are your thoughts on how best to strike the
proper balance among rural and urban transportation needs?
Answer. I believe we need to look at transportation from a national
perspective and identify the best ways to link points of population and
commerce, including the farms where our food is grown, the industrial
areas, recreational opportunities, and the land borders and ports. It
is not possible to have a healthy economy while ignoring a significant
part of the Nation. If confirmed, I want to work with you to develop or
improve our surface transportation programs to provide the surface
transportation systems that our Nation needs and our people deserve.
______

Response to Written Questions Submitted by Hon. Johnny Isakson to
John Porcari
Question 1. As you know, the House version of the 2009 FAA
Reauthorization Act would sunset the antitrust immunity (ATI) for
existing airline alliances, resulting in the loss of 15,000 U.S.
airline jobs and having a ripple effect across the travel and tourism
industry. The proposal to sunset current antitrust immunity for airline
alliances also comes with the risk that the DOT will lose the authority
to grant it altogether in the future. Do you believe ATI has been
beneficial for consumers? Do you believe it should be sunsetted? What
impact on future air transport negotiations, particularly with critical
markets such as Japan, China, Mexico, and Brazil do you believe
sunsetting ATI will have? What impact on ongoing negotiations for a
second stage air transport agreement, with the EU do you believe it
will have?
Answer. It is my understanding that the Department thoroughly
analyzes each application for antitrust immunity and only approves
those that are pro-competitive and pro-consumer. With regard to the
impact of antitrust immunity on aviation relations with foreign
countries, it is my understanding that, historically, the ability of a
foreign country's airlines to apply for antitrust immunity has proven
to be a valuable incentive in negotiating and achieving open skies
between the United States and the foreign country. I believe this was
the case with the recent U.S.-Europe open-skies agreement.

Question 2. Before joining the Commerce Committee I served on the
Environment and Public Works Committee, and was Ranking Member on the
Subcommittee on Transportation and Infrastructure which, as you know,
writes a large portion of the surface transportation authorization
bill. One of the issues we were looking at in my Subcommittee was how
we would fund our highways trust fund moving forward. As you know
Oregon has just completed piloting a ``vehicles miles traveled'' (VMT)
funding program. What are your thoughts on VMT's as a funding stream
for the highway trust fund?
Answer. I know that the Department is exploring a great number of
issues in preparation for surface transportation reauthorization.
Perhaps the most important and challenging is the question of future
funding of the highway and transit programs and restoration of the
health of the Highway Trust Fund. Many options have been widely
discussed and promoted for funding these programs, including those
presented in the recently published final reports of the two national
commissions established in SAFETEA-LU: the National Surface
Transportation Infrastructure Financing Commission and the National
Surface Transportation Policy and Revenue Study Commission. Both
reports indicate that a mileage-based user fee may be a feasible long-
term alternative to the fuel tax for funding surface transportation
programs. Each Commission also recommended that identifying a long-term
alternative to the fuel tax should be a high priority in the next
authorization.
I agree with the two SAFETEA-LU commissions that we need to explore
more sustainable revenue sources than the fuel tax to support the
Highway Trust Fund. Before settling on a mileage-based user fee or any
other option, however, I think we should examine all potential revenue
sources.
The long-term option of replacing the existing fuel tax with a
mileage-based user fee has many positive attributes, but it would
require major, and some argue costly, administrative changes that might
take many years to fully implement. Many other technical and
institutional issues such as privacy concerns must also be resolved
before a mileage-based user fee could be implemented. As the two
national commissions recommend, I think further work to investigate
long-term surface transportation funding options, including a mileage-
based user charge, should be undertaken during the next authorization.
______

Response to Written Question Submitted by Hon. John D. Rockefeller IV
to
Aneesh Chopra
Question 1. One of the main roadblocks to a comprehensive
interoperable health IT system is the often prohibitive upfront costs
of purchasing and licensing the technologies. Some have recommended the
use of open source technologies to reduce cost, and speed the
implementation, of health IT networks. However, you've spoken in favor
of an `open collaboration' approach to technology development. These
two terms are not synonymous. Can you describe the difference between
open source and open collaboration? Are there aspects of open source
software that you find lacking or insufficient for government needs?
Answer. First, I thank you for these questions because speeding the
advancement of affordable health IT solutions is among my highest
priorities should I have the opportunity to serve in the Obama
Administration. Open collaboration includes open source software
solutions, but also more broadly covers shareable intellectual property
built on proprietary software solutions. If helpful, I'll elaborate a
bit more by defining each below:
Open Source: From my perspective, this refers to the method by
which software is developed--typically through a collaborative
approach. This means often unrelated individuals or organizations work
together, often in an ad-hoc manner, to deliver software that is of
common interest. Key to this model is that the entirety of the
intellectual property encourages sharing and collaboration (for
example, under the General Purpose License) and allows for the
distribution of source code or other related artifacts.
Open Collaboration: From my perspective, this refers to the method
by which software is implemented--typically through a synchronous
(multiple implementations at the same time) or asynchronous (one
implementation at a time) approach. This means often unrelated
individuals or organizations collaborate in a manner to share in the
implementation, configuration or customization of a chosen software
product. It applies equally to open source and proprietary software
applications.
When proprietary software is used, only the intellectual property
assets that are explicitly allowed by the vendor, systems integrator,
or sponsoring organization may be shared. In these open collaboration
models, the collaboration often uses an open licensing scheme like
Creative Commons to share the best practices, business process
documentation, implementation configurations, training materials or
other software implementation artifacts.
As Virginia's Secretary of Technology, I appointed a Senior Advisor
for Open Collaboration (see http://www.Governor.virginia.gov/
MediaRelations/NewsReleases/viewRelease.cfm?id=806) who is an award-
winning local government CIO who successfully implemented a number of
traditional open source software solutions and promoted open
collaboration solutions built on proprietary software.
With respect to my preference for open collaboration, the issue is
largely one of where I see the most leverage for savings. I'm less
interested in the software license cost as I am the implementation
costs associated with meeting a physician practice's current and
prospective health improvement needs. For example, does the practice
wish to implement a patient registry with alerts notifying patients of
needed prevention services? Open collaboration allows for the sharing
of intellectual property in the development of healthcare improving
technology functionality while allowing maximum flexibility for
physicians in selecting the underlying platform.
If confirmed, I look forward to actively working with you and your
staff on ensuring low-cost options are available for the adoption of
HIT, especially in those communities where physician practice incomes
would have difficulty sustaining the investment.
______

Response to Written Questions Submitted by Hon. Bill Nelson to
Aneesh Chopra
Question 1. Over the past year, we have seen a number of reports of
cyber-intrusions into government networks. The Office of the Director
of National Intelligence is currently in the process of completing a
60-day review of national cybersecurity policy, and the Pentagon is
also reviewing its cybersecurity policies. In your ``dual'' role as
Chief Technology Officer and Associate Director of OSTP, what do you
see as your role in ensuring that we have an effective, national
cybersecurity strategy?
Answer. If confirmed, it would be my responsibility to ensure that
the Federal Government pursues a course of responsible adoption of
technologies that can improve the efficiency, effectiveness and
transparency of government and improved delivery of government services
for the American citizen. In the case of information technologies, part
of that responsibility would include working with the Federal CIO, the
CIO Council, DHS, and other stakeholders in the Federal Government to
ensure that adopted technologies are safe and reliable. Since most
intrusions are the result both of vulnerabilities in the information
technology systems and improper configuration or use, I would stress
both improvements in the security of Federal IT systems and a robust
training and awareness program for the Federal workforce on the
importance of good security practices.
Addressing the immediate cybersecurity needs of the Federal
Government is essential; however, as the Associate Director of OSTP for
Technology, my responsibility would also include providing guidance for
the prioritization and coordination of advanced technology research in
the Federal Government, including research in cyber security.
If confirmed, I would emphasize a research program on ``game-
changing'' ideas in cybersecurity, to find new ideas that might
transform the Nation's information infrastructure to be more secure and
simpler to understand and use. The goal is to make it `easy to do the
right thing, hard to do the wrong thing, and easy to recover when the
wrong thing happens anyway.'

Question 2. In your role as the Chief Technology Officer for the
Commonwealth of Virginia, you oversaw several programs that implemented
geospatial technology to support the efficient delivery of government
services. Under your leadership, the Commonwealth successfully
coordinated with local governments in order to share resources, to
provide better citizen service, and to implement cost avoidance
procedures across state and local agencies.
Would you share with us your plans, in cooperation with the
National CIO, for overseeing high level coordination that fosters
innovation in geospatial technology, and supports a national spatial
data infrastructure (NSDI) that can be leveraged at all levels of
government and the private sector?
Answer. Virginia's Geospatial strategy has indeed been a successful
example of state and local collaboration, fueled by thoughtful public
policy codifying a statewide board to lower costs, spur innovation
applications and creative public-private partnerships.
If confirmed, I would look forward with the Federal CIO on the key
strategies that led to Virginia's success:

1. Shared Services: Virginia benefited from the deployment of
shared geospatial technology products and services, including
statewide imagery collection. By pooling our scarce public
dollars, we were able to afford higher resolution imagery at
lower cost. In addition to shared costs, another benefit of
coming together is the development of a ``meta-data'' library
to simplify the sharing of data sets across agency and between
the public and private sectors.

2. Application Development Platform: Once a shared service is
in place, it lowers the marginal cost to deploy innovative
applications. A relevant example given the current priority
placed on broadband is the no-cost deployment of a statewide
broadband availability map (accessible at http://
gismaps.virginia
.gov/BroadbandMappingFinal/) that took advantage of the
technical infrastructure made available through Virginia's CIO.

3. Public-Private Partnerships: Virginia is focused on
innovative partnerships to leverage capabilities and further
our goals with limited resources. Recent examples include
partnership agreements with Microsoft and Google to deliver
Virginia's more robust imagery into private sector mapping
platforms for public use. In addition, Virginia's partnership
with NAVTEQ demonstrated the benefits of data sharing with
NAVTEQ benefiting from Virginia's higher resolution imagery and
Virginia's state agencies benefiting from NAVTEQ's premium data
services, including GIS routing capabilities.
______

Response to Written Questions Submitted by Hon. Tom Udall to
Aneesh Chopra
Question 1. Eric Schmidt, the CEO of Google has written that,
``We're moving into the era of `cloud' computing, with information and
applications hosted in the diffuse atmosphere of cyberspace rather than
on specific processors and silicon racks. The network will truly be the
computer.'' Some experts say Cloud computing could be as important and
as disruptive as the World Wide Web. Do you agree? What should the
Obama Administration do to realize the benefits of ``Cloud computing''?
Answer. Cloud computing has a number of advantages, including
reduced cost, increased storage, higher levels of automation, increased
flexibility, and higher levels of employee mobility. The Federal
Government should be exploring greater use of cloud computing where
appropriate. The President's Chief Information Officer, Vivek Kundra,
has already convened a committee of the CIO Council to engage on this
topic and surface recommendations for agency adoption.
We also need to educate the next generation of computer scientists
and programmers in developing software, algorithms, and applications
that will take advantage of cloud computing. NSF, for example, has
already developed partnerships with several of the leaders in cloud
computing that will increase access to the latest technology at
colleges and universities across the country. This will position the
U.S. to lead in the future development of this critical technology.

Question 2. Today, there are about 1.5 billion computers and
smartphones connected to the Internet. Yet in a few years, there could
be hundreds of billions of devices, sensors, and appliances connected
as well. Some people call this the ``Internet of Things'' or sensor
nets. Networked sensors could help monitor the environment, provide
early warning of natural disasters, reduce traffic congestion, and save
companies (and government agencies) billions of dollars. What do you
think the government's role should be in the development of the
``Internet of Things''?
Answer. If confirmed, I look forward to working with you on at
least two levers for government to assist in the development of the
``Internet of Things'':

1. Investments in R&D

2. Procurement/Grants Aligned to the President's Policy
Priorities

Government agencies such as NSF and DARPA have already been
actively involved in supporting R&D and testbeds related to pervasive
computing and wireless sensor networks. For example, NSF has a research
program called ``Sensors and Sensing Systems.'' DARPA has been
supporting research that combines novel approaches to sensing, sensor
processing, sensor fusion, and information management to enable
pervasive and persistent surveillance of the battlespace. Agencies
participating in the Networking Information Technology Research and
Development (NITRD) Program have identified ``cyber-physical systems''
as a top priority--which is directly relevant to an ``Internet of
Things.''
If confirmed, I look forward to furthering the development of the
``Internet of Things'' by aligning opportunities to the President's key
priorities in healthcare, energy, education and job creation. For
example, devices capable of monitoring a patient's health condition in
the home might contribute to the President's goal of bending the
healthcare cost curve and might qualify for support among a number of
Federal programs. Through grants and other procurement vehicles, the
government might contribute to the growth of this industry by
supporting early-stage product adoption and testing.

Question 3. The State of New Mexico has adopted EPEAT standards for
the procurement of environmentally preferable electronic products. This
decision ensures New Mexico contributes to the national reduction of
3,220 metric tons of toxic materials, 174 million metric tons of
carbon/greenhouse gas emissions, and 42.2 billion kilowatt hours of
electricity consumption. That electricity savings is equivalent to the
annual electricity consumption of almost 4 million households. In your
role as President Obama's ``Chief Technology Officer,'' would you
encourage Federal Government procurement requirements for electronic
equipment that helps reduce ``e-Waste,'' energy consumption, and
greenhouse gas emissions?
Answer. First, I wish to applaud your home state for leadership on
this important issue. It is my understanding that Federal agencies are
following a similar path. On January 15, 2009, pursuant to the Energy
Policy Act of 2005 and Executive Order 13423, the Civilian Agency
Acquisition Council and the Defense Acquisition Regulations Council
adopted a Federal Acquisition Regulation rule that requires the use of
the EPEAT when acquiring personal computer products.
If confirmed, I intend to work closely with the Federal CIO and the
President's Chief Performance Officer on strategies to encourage agency
management to consider the energy implications of technology
procurements.

Question 4. A recent GAO report (08-1044) found that more than 300
million electronic devices entered the U.S. waste stream in 2006, and
that North America was the primary exporter of potentially harmful
electronic devices to developing countries where they are often
recycled by crude and inefficient means that endanger human health and
environmental protection. How do you propose reducing the Federal
Government's electronic equipment waste stream? How would address you
this issue in your role as Chief Technology Officer?
Answer. If confirmed, I look forward to working with you and your
staff on developing a set of strategies to reduce the Federal
Government's electronic equipment waste stream. In general, I would
focus on three simple concepts:

1. Reduce Waste: In part, with the use of EPEAT in technology
procurement, we should have greater confidence our acquisition
strategies will minimize downstream waste.

2. Expand Reuse: In Virginia, I assisted in the launch of the
Virginia STAR program (http://www.Governor.virginia.gov/
MediaRelations/NewsReleases/view
Release.cfm?id=840) which recycled older computers into high
schools that refurbished them as part of a larger student
training effort. We were particularly proud of this program
because it aligned two of our priorities--the Governor's energy
agenda and his commitment to workforce training for all
Virginians (many kids working on the refurbished computers were
not enrolled in technology classes before). Finally, our
initial program involved donations from the Social Security
Administration.

3. Component Recycling: For those components that are difficult
to reuse, it is possible to find public/private/non-profit
partnerships to pursue alternatives.

As Chief Technology Officer, I will have the opportunity to convene
working groups interested in pursuing strategies that intersect the
President's priorities with technology and innovation.
______

Response to Written Questions Submitted by Hon. Kay Bailey Hutchison to

Aneesh Chopra
Question 1. NASA is both an important user and a significant
creator of Technology products, systems and architectures. It is also
in the midst of several initiatives to consolidate the management it
its information technology (IT) infrastructure, as well as enhancements
to its data security practices. NASA also applies its technology
development resources to carrying out programs unlike anything done by
any other Federal agency, especially in the human spaceflight arena. It
is important that government-wide coordination or initiatives in
technology development, in general, and information technology in
particular, takes into account the unique mission challenges facing an
agency like NASA, and ensure that inter-agency coordination,
cooperation and standardization serve to further enable or enhance the
ability to address those specific missions and challenges.
What steps will you take to ensure that any new or existing
government-wide coordination or initiatives in technology development,
in general, and information technology in particular, take into account
the unique mission challenges facing an agency like NASA, and ensure
that inter-agency coordination, cooperation and standardization serve
to further enable or enhance the ability to address those specific
missions and challenges?
Answer. If confirmed, I intend to work closely with the Federal CIO
on ensuring NASA's active participation in and contribution to
information technology initiatives. That said, it is my understanding
that NASA already actively participates in myriad government-wide
working groups, committees, and subcommittees to ensure appropriate
inter-agency coordination, cooperation and standardization. For
example, NASA has reported that it is engaged and aligned with Federal
initiatives to improve Information Technology (IT) security, such as
implementation of the Federal Desktop Core Configurations (FDCC),
Trusted Internet Connection (TIC), and all aspects of the Federal
Information Security Management Act (including certification and
accreditation of systems, contingency planning and testing). In
addition, NASA is heavily engaged with the National Institute of
Standards and Technology in the FDCC testing activities.
To streamline its operations, NASA participates in several E-
Government initiatives to consolidate and standardize systems across
the government, such as the IT Security Line of Business, E-Travel, E-
Training, Business Gateway, and Integrated Acquisition Environments. In
addition, the NASA CIO actively participates on the Federal CIO
Council, monitoring and supporting, as appropriate, activities and
initiatives being driven by the Federal CIO and OMB.
On the programmatic side, NASA maintains and plans to continue key
partnerships with industry and other Federal agencies in the conduct of
NASA business. NASA policy requires that technology development be
carefully considered during the development and execution of programs--
whether they are for human space flight or aeronautics research. For
example, programs generally require the following plans including: Risk
Management Plan, Technology Development Plan, Mission Operations Plan,
Information and Configuration Management Plan, Security Plan, and an
Export Control Plan.
As CTO, I will work to ensure that NASA is a full participant in
these relevant interagency activities and that lessons learned at NASA
and other agencies are shared to maximize the benefit across the
Federal Government enterprise.

Question 2. Senators are frustrated with cost overruns and
continued delays in the NPOESS (National Polar-orbiting Operational
Environmental Satellite System), the new weather-monitoring satellites
which is being built by NOAA, NASA and the Defense Department. Many are
calling for the Administration to take a fresh look at this program and
develop a plan forward to ensure the continuity of our weather services
to the Nation.
Do you have any ideas of how the government can better manage this
large systems acquisitions? Are there any lessons learned from your
work as Virginia's Secretary of Technology?
Answer. The NPOESS program provides critical capabilities for our
Nation's terrestrial, ocean and space weather forecasting, as well as
sustained climate monitoring. In order to ensure the success of NPOESS,
there must be discipline on the program's requirements, funding and
workforce stability, and strong program management. Requirements must
be articulated crisply and clearly and any changes must be based upon a
solid justification with requisite funds available, if needed. Funding
stability is crucial for complex programs on both the government and
industrial base sides so that program milestones can be planned with
high confidence and to ensure that a talented workforce is retained.
Last, large complex programs require a strong program management office
with clear lines of communications between decisionmakers and
executors, as well as accountability to ensure that schedules are met
with the resources available.
My experience as Virginia's Secretary of Technology has taught me
that open, transparent communications across all the stakeholders in
complex programs is vital and that clearly articulated goals, and roles
and responsibilities are critical to ensure efficient, timely
execution. In addition, it is crucial to have motivated, talented
managers that are held accountable and are given the flexibility to
deliver innovative solutions. Finally, the procurement process must
balance a clear description of agency need with the ability to make
agile adjustments to ensure the achievement of the well-stated goals or
outcomes the program is intended to achieve.
If confirmed, I will certainly work with the Federal CIO, NASA,
NOAA, DOD, and others within the Executive Office of the President in
an effort to achieve success in this program.
______

Response to Written Questions Submitted by Hon. Olympia J. Snowe to
Aneesh Chopra
Question 1. As the State of Virginia's Secretary of Technology you
oversee the Office of Telework Promotion And Broadband Assistance,
which was established by Governor Kaine in 2006 to support public and
private sector efforts that promote widespread adoption of telework
initiatives as well to encourage the availability of affordable
broadband throughout the state.
Telecommuting great opportunity to advance broadband and
environmentally friendly issues. Telecommuting is seen as a solution to
traffic congestion caused by single-car commuting, and the resulting
urban air pollution and petroleum use. A Consumer Electronics
Association 2007 study found 1 day of telecommuting saves the
equivalent of up to 12 hours of an average household's electricity use.
Furthermore, the report estimated that U.S. telecommuters save 840
million gallons of gas per year, which would also curb carbon dioxide
emissions by nearly 14 million tons.
Telecommuting also has business benefits, increased productivity
and costs savings. British Telecom found productivity rose 31 percent
among its 9,000 teleworkers due to lack of disruptions, stress and
commuting time. PC World magazine found that Teleworking can cut
corporate real estate costs from 25 to 90 percent. However,
telecommuting has come to be viewed by some as more a complement rather
than a substitute for work in the workplace. With all the benefits that
telecommuting/telework provides, how has Virginia, and specifically the
Office of Telework Promotion And Broadband Assistance, promoted
telework as a more of a permanent solution for businesses and companies
operating in your state?
Answer. Virginia's strategy to promote telework began with Governor
Kaine's goal to achieve 20 percent enrollment across each state agency
by 2010. Leading by example, we inspired a voluntary coalition of
businesses pledging to match the Governor. We celebrated the results of
our most innovative agencies and worked closely with stakeholders to
incorporate telework in our larger congestion management strategies,
especially in traffic-clogged regions of the Commonwealth.
In general, we adopted a strategy focused on three levers
applicable to the private sector:

1. Broadband: A critical ingredient in the adoption of private
sector telework policies is sufficient bandwidth at the home or
regional telework center to support basic staff productivity
requirements

2. Rural Economic Development: While most attention in telework
policy is paid to workers telecommuting one or 2 days a week,
we focused on the possibilities of permanently sourcing private
sector work in rural areas, spreading higher-wage, higher-
growth jobs across more communities in Virginia. We led by
example, with Virginia's TAX Department sourcing 25 jobs to
Virginia's rural southside filled entirely by home-based
workers with broadband.

3. Innovation: We fostered a culture of employee creativity
through Governor Kaine's Productivity Investment Fund, a source
of seed capital to catalyze innovative ideas that advanced his
policy goals and delivered productivity gains. One of our
projects called for a newly designed space for ``learning and
work'' that took advantage of the fact that most distance
learning courses were offered in the evening. The goal of this
innovation project is to increase space utilization by allowing
private sector employees to ``rent'' the learning space for
telework during the morning and then transition smoothly into a
distance learning course taught in the evening. The project is
in a design phase but should increase the number of private
sector teleworkers also interested in additional training when
launched.

Question 2. How will you migrate those initiatives to the Federal
level?
Answer. If confirmed, I intend to work closely with OPM Director
John Berry on supporting his strategies to promote Federal employee
telework with a goal to publish all training and implementation
materials so private sector firms might rapidly adopt a similar program
with minimal cost.
______

Response to Written Questions Submitted by Hon. John Thune to
Aneesh Chopra
Question 1. Drawing from your role as Secretary of Technology for
Virginia, what approaches did you take to broadband deployment at the
state level that could be applied at the Federal level? Did the state
of Virginia use, for example, state universal service support
mechanisms to foster broadband access?
Answer. Governor Kaine established a bold goal in his economic
development plan issued, by statute, in his first year in office. He
explicitly called for universal access to broadband services for
business as a goal and directed me to lead an Office of Telework
Promotion and Broadband Assistance with the support of several
additional cabinet members.
The setting of a bold goal was critical in our subsequent strategy
to engage a broad set of public and private sector leaders from around
the state to develop a web-based ``toolkit'' capable of accelerating
public-private partnerships for local service delivery.
We focused our attention on four principles, all of which apply to
the Federal level:

1. Measurement: We published (at no cost) a statewide broadband
availability map (accessible at www.otpba.vi.virginia.gov),
with full voluntary cooperation by over 25 service providers;
the map assembles service availability at the address-level
with a minimum download speed of 768 Kbps based on the current
FCC ``basic broadband'' threshold. In addition, we developed a
set of specialty maps--on speed testing for homes and schools,
and of all industrial parks marketed to attract new businesses
to the Commonwealth.

2. Technology: We published a ``matrix'' of technologies
(accessible at http://www.otpba.vi.virginia.gov/
technology_attributes.shtml), with full voluntary cooperation
by technology firms representing each technology category. The
purpose of this effort was to assist local communities in
determining the right technology for community-led initiatives.

3. Applications: We published an ``applications inventory''
(accessible at http://www.otpba.vi.virginia.gov/
broadband_applications.shtml) focused on publicly-oriented
benefits of various applications that might form the basis of a
community business plan (specifically, generating cash-flows to
support network deployment).

4. Business Case: We published a ``buy-down'' worksheet
(accessible at http://funding.otpba.vi.virginia.gov/) in order
to simplify the development of a business case that could lower
upfront capital costs for community-led initiatives, and to
maximize available cash-flow to support ongoing operations.

It is important to note that in almost every case we examined, the
universal service support mechanisms have been key ingredients in the
development of a sustainable business case.

Question 2. I understand you will be the first Chief Technology
Officer within the White House. What expectations do you have for this
new role? What are a few ways (3 ways) we can better use information
technology to make government more open and transparent?
Answer. As the Nation's first CTO, I expect to provide meaningful
advice to the President on how best to harness the power and potential
of technology and innovation to further his agenda. To accomplish this
goal, I expect to coordinate policy in a number of areas, including the
use of information technology to make government more open and
transparent. Based on my experience, the following three levers can
achieve this goal:

1. Publish ``Meaningful'' Data: A threshold question on the
ability to improve government is asking what it is we should
expect out of our government. In Virginia, we developed a web-
based performance management system, Virginia Performs
(www.vaperforms.virginia.gov) to provide every Virginian a
clear understanding of our long-term goals as a Commonwealth--
on education, healthcare, public safety and so forth--and the
ability to measure state agency performance against them. In
addition to our long-term goals, we've published by agency a
set of key outcome measures that can be tracked over time, as
well as a new set of productivity measures to inform the public
about the costs of running government operations. We've
additionally published this information in a mapping format so
Virginians can benchmark performance by zip code, region or
across state lines.

2. Engage the Public in Decision-Making: Shortly after the
President announced his intention to advocate for a stimulus
program, Governor Kaine directed me to use information
technology to engage the public on how best to direct that
spending if it would include discretion at the state-level.
Within days, we launched http://stimulus.virginia.gov/projects/
and invited public input on project ideas worthy of the
Governor's consideration. In less than a month, we solicited
9,000+ ideas totaling $465BN in project value. Currently,
Virginia's state agencies and Cabinet Secretaries are
evaluating project ideas for future consideration.

3. Organize Government by Constituency: Forbes.com has rated
Virginia the ``best state for business'' 3 years in a row and
Governor Kaine directed me to use information technology to
further improve our business climate. An immediate priority was
to support entrepreneurs as they manage the complexity of
interfacing with multiple state agencies before they can
conduct business. We launched a ``Business One Stop'' (accessed
at http://www.virginia.gov/bos/index.html) to assist with the
completion of business forms. Within its first year in
operation, over 7,000 new businesses registered with the system
saving, on average, 3-5 business days to locate all of the
myriad forms needed to get started.
______

Response to Written Questions Submitted by Hon. Johnny Isakson to
Aneesh Chopra
Question 1. The GAO recently testified that Federal agencies
reported $72 billion in improper payments from a variety of Federal
programs for FY2008--roughly 4 percent of all payments in these
programs. Medicare and Medicaid accounted for roughly half of these
improper payments. Several other Federal programs, while smaller than
Medicare and Medicaid, have payment error rates of over 10 and 20
percent. At the same time, many Federal programs have yet to meet the
requirements of the Improper Payments Information Act of 2002, so the
full extent of this problem is not even known yet. What are your plans
to use technology to address this issue?
Answer. It is my understanding that addressing payment errors and
other forms of government waste is a top priority of this
Administration. I plan to work closely with the Office of Management
and Budget (OMB) and other Federal agencies to identify ways in which
technology can be better leveraged to improve program integrity and
other key financial management results. According to OMB, a significant
portion of the $72 billion in improper payments can be attributed to
two key problem areas: (i) inability of the Federal agency and
recipients to produce supporting documentation to validate a payment
when it is audited for accuracy; and (ii) inability of Federal agency
to verify or authenticate the eligibility of a recipient. While I look
forward to the opportunity to delve deeper into payment accuracy
issues, my initial understanding of the matter gives me confidence that
technology can play a key in improving results in these areas. Of
particular note, technology can enable enhanced data matching and
mining solutions that will facilitate Federal programs making smarter
eligibility determinations. Again, if confirmed, I will quickly engage
OMB in partnership on this issue and look forward to updating this
Committee on our progress.

Question 2. A constituent of mine that owns a technology company
has been working with Defense Finance and Accounting Services (DFAS)
within the Department of Defense to use data mining and auditing
software to prevent improper payments and identify waste, fraud and
abuse. In its initial phase, this effort has already identified and
prevented several hundred million dollars in improper payments. Are you
aware of these efforts within DFAS, and do you plan to pursue these and
other types of technological solutions more broadly throughout
government agencies to address this problem? Do you know if OMB is
aware of these approaches and if they will require other agencies to
implement these kinds of approaches?
Answer. I am aware of the type of technology that DFAS is
deploying, but I am not personally familiar with the specific software
product being used in this instance. It is my understanding that OMB is
aware of DFAS' Business Activity Monitoring program and the successes
achieved to date. Of note, OMB notes that since this program was
initiated, DFAS has prevented nearly 2000 potential improper payments
totaling $220 million. These results are impressive and I believe
warrant further review to see if the solutions being deployed as part
of DFAS overall program can be replicated in other parts of government.
If confirmed, I believe that I can play an important role in
identifying and disseminating best practices such as this. I look
forward to working with OMB and the Federal agencies to identify and
expand the use of technologies with proven effectiveness at error
prevention.

Question 3. Do you see the need for the creation of a technology
advisory task force or team that can come together in the early stages
of your tenure assisting you with the myriad of technologies,
applications, processes and approaches such as Buy or Build that you
and your team will face?
Answer. In my capacity as Virginia's Secretary of Technology, I
convened a Productivity Advisory Committee of leading private sector
technology leaders to advise me on strategies to lower costs, improve
customer service, and advance the Governor's objectives. If confirmed,
I look forward to engaging the private sector in a manner consistent
with Federal policy on the myriad issues we will face.
______

Response to Written Question Submitted by Hon. John D. Rockefeller IV
to Dr. Rebecca M. Blank
Question. The Economics and Statistics Administration is the
government's statistics agency. ESA provides broad and targeted
economic data, analyses and forecasts for use by Government agencies,
businesses and others, as well as develops domestic and international
economic policy. ESA consists of the Bureau of Economic Analysis (BEA)
and the Bureau of the Census. BEA is responsible for many important
economic measurements derived from the national income and product
accounts, most notably the gross domestic product. The Census Bureau is
responsible for the decadal census as well as other measures of U.S.
population, economy, and governments. Some analysts have a total
estimated cost for the 2010 Census rising upwards of $13 billion
dollars. The Census is in the jurisdiction of the Homeland Security and
Governmental Affairs Committee. The 2010 Census is a major interest of
many Senators on this Committee. Can you promise to keep this Committee
updated with the progress of the Census and any problems that may
arise?
Answer. If I am confirmed, you have my commitment that your
committee, and all other committees of the Senate and House with
jurisdictional oversight for Census Bureau will be given regular
progress reports on 2010 Census operational milestones, budget
expenditures, challenges and successes.
______

Response to Written Question Submitted by Hon. Bill Nelson to
Dr. Rebecca M. Blank
Question. The Economics and Statistics Administration has been
charged with tracking new residential construction and sales. However,
the housing crisis has been attributed in part to a lack of data at the
individual homeowner level that would have predicted some of the
negative trends that we now see in the housing market. As you know,
Florida is facing some of the highest foreclosure rates in the Nation.
Do you believe that the Federal Government should use vehicles such as
the Home Mortgage Disclosure Act and the First Time Homebuyer Tax
Credit to track housing activity at the individual homeowner level, as
was demonstrated in last Friday's New York Times Interactive
Foreclosure Map which was designed based on census tract information?
Answer. There is a wealth of information available from the Census
Bureau and the Bureau of Economic Analysis that can be used to track
the health of the Nation's families and businesses. In particular, the
American Community Survey, which by 2011 will have economic and
demographic household information available at the block group level,
will provide data on homeownership, how long a person has been living
at a particular address, and monthly mortgage payments. I don't know
enough about the information that will be collected to offer an
informed opinion about whether the Home Mortgage Disclosure Act and the
First Time Homebuyer Tax Credit should be used to track housing
activity. If your committee and committee staff would find it useful to
learn more about the data collection vehicles currently in place that
provide information on the status of housing and homeownership among
American households, if confirmed I would be happy facilitate such a
briefing.
______

Response to Written Questions Submitted by Hon. Tom Udall to
Dr. Rebecca M. Blank
Question 1. Ms. Blank, Secretary Locke has stated that ``a
successful census is critical for ensuring that communities have proper
representation and the resources needed for health care, law
enforcement and education.'' You will oversee the Census Bureau in your
role as Under Secretary of Economic Affairs. Will current efforts and
resources for the 2010 Census be adequate to ensure an accurate and
complete counting of Americans living in rural areas where census
participation can be low and it is difficult for census workers to
follow up with those who do not respond to census questionnaires?
Answer. I am not fully briefed on the finer details of the Census
Bureau's efforts to address the challenges of enumerating rural
populations. However, if confirmed, I commit to thoroughly
investigating the strategies the Census Bureau has in place to address
the special needs of enumerating rural communities. An accurate count
in the 2010 Census is my highest priority. My review of news accounts
of the President's 2010 budget for the Census Bureau has revealed that
it has been very well received. In addition, $1 billion was provided to
the Census Bureau in the American Recovery and Reinvestment Act. Of
those funds, approximately $120 million will be used by the Census
Bureau to conduct outreach, and create relationships with places of
worship, local and tribal governments and organization that can help
educate communities about the importance of participation in the census
and the confidentiality of the information they provide. This outreach
effort will touch every community--urban and rural. I look forward to
working with you on these outreach efforts in your state.

Question 2. If problems do arise in rural areas, will the Census
Bureau and Dept. of Commerce ensure that all necessary resources are
provided to meet the task of counting rural Americans?
Answer. Secretary Locke has stated that a fair and accurate 2010
Census is one of his highest priorities. I will, if confirmed, extend
every effort to assist the Secretary, the Census Bureau Director, and
the employees of Census Bureau in meeting its goal of counting every
resident--rural, urban and suburban--in the United States once, and in
the right place.
______

Response to Written Questions Submitted by Hon. John D. Rockefeller IV
to J. Randolph Babbitt
Question 1. As more facts surrounding the crash of Colgan Air
Flight 3407 become public, it has raised serious concerns about the
adequacy of pilot training, crew rest, pilot commuting and fatigue, and
the FAA's oversight of regional airlines. Much of the attention has
been focused on the Captain's training and his inability to recover the
aircraft after it stalled. As Administrator, what steps do you plan to
take to make sure the FAA provides adequate oversight of airline pilot
training and to address the issue of flight crew fatigue?
Answer. These are critical issues. Flight time, rest requirements
and duty time limitations for all crewmembers, not just pilots, should
be made as consistent as possible. If confirmed, I will review the
current regulations with a focus on consistency and appropriate
application of fatigue science, and I will also review current FAA
regulations and practices to ensure that we have adequate oversight of
air carriers.

Question 2. The Obama Administration recently proposed that the air
traffic control system ought to be funded with direct charges levied on
the users of the system beginning in October of 2011. As Administrator,
in what ways do you plan to move this proposal forward?
Answer. The Administration supports a stable source of funding for
the aviation trust fund that ensures the ability to accelerate air
traffic control modernization, improve aviation infrastructure and
provide safe and efficient air operations. If confirmed as
Administrator, I plan to work with Congress to develop a funding
process that does this as part of the FAA Reauthorization.
______

Response to Written Questions Submitted by Hon. Daniel K. Inouye to
J. Randolph Babbitt
Question 1. The record will reflect my ongoing interest over the
years about the adequacy of safety regulations relating to aircraft
emergencies resulting from dense, continuous smoke in the cockpit. If
confirmed, will you commit to reviewing this matter, and providing me
with your assessment as to whether existing Federal Aviation
Administration safety regulations adequately address emergency
situations resulting from continuous smoke in the cockpit?
Answer. Yes, I will review this issue, and will provide you with an
assessment.

Question 2. It is my understanding that air traffic control service
to Kona International Airport on the Big Island of Hawaii was initially
contracted out because air traffic was slow and passenger count was
low, but traffic and passenger counts at Kona International Airport
have since considerably increased, and the contracting company is
planning to end its operations soon. It is also my understanding that
currently, there is no mechanism to return a contract tower back to a
FAA tower, and I would like to inquire why there is no such mechanism
if the traffic and/or passenger count have reached a point where the
tower is unable to provide the quality of service that a FAA controller
is required to.
I am aware of several recent incidents at Kona International
Airport, and I am concerned that though the FAA has not classified
those incidents as ``near collisions,'' the short staffing by the
contracting company increases safety risks for our passengers and
airport workers. The local media in Hawaii reported on May 29, 2009
that an air cargo plane took off in the wrong direction at Kona
Airport, heading toward another plane that was coming in for a landing
on the same runway. I wish to express my grave concern over this
incident, and I would like to inquire after developing a mechanism to
return the Kona Airport tower back to a FAA-operated tower.
Answer. I understand your interest in the incident on May 29, 2009
at Kona and am advised that it was due to pilot error and not a result
of incorrect air traffic controller actions. In this incident, the
pilot failed to follow instructions from the tower and departed from
the wrong runway. I understand that the FAA took immediate action. The
Air Traffic Manager in Honolulu ordered an immediate review to
determine the causal factors and dispatched a team to Kona the
following day. The team found no issues with the quality of services at
Kona.
Data indicate that the Federal contract tower (FCT) program is
highly successful and has a safety record that rivals Federal towers.
Kona is one of 240 FCT facilities across the U.S. The FAA maintains
operational and safety oversight of the FCT program--safety audits and
reviews are an ongoing process for all towers. I understand that Kona
was last audited in 2008, and all of the items found during the audit
that required corrective action have been corrected.
In response to your questions on staffing and training, I am
advised that FAA did a thorough review of each at Kona, and found that
the tower is staffed appropriately for the number and type of
operations, the complexity of the airport operations, and the number of
operating hours.
In regards to training, FCT controllers are held to the same
standards, and must also adhere to the same policies and procedures as
FAA controllers. I understand that Kona has a wealth of experienced air
traffic controllers who are capable of handling the traffic volume,
including four controllers with 22 to 40 years experience as FAA
controllers. The other three controllers have 8 years of military air
traffic control experience.
The above data indicate that the FCT program, both in general and
at Kona in particular, is an efficient way for the FAA to manage
resources while maintaining regulatory and safety oversight of these
air traffic control facilities. Therefore, the FAA plans to maintain
Kona's tower as a contract facility. I am advised that the current
contract for Kona's contract tower expires on September 30, 2009. The
FAA is conducting a new competition and anticipates that a follow-on
contract will be awarded for the Kona airport tower in August.
I pledge to continue to work with you on your concerns, and to
maintain safe and efficient air traffic control operations at Kona and
throughout the National Airspace System.
______

Response to Written Questions Submitted by Hon. John Kerry to
J. Randolph Babbitt
Question. Mr. Babbitt, you were a paid consultant recently for the
Alliance to Protect Nantucket Sound in a proceeding before the
Massachusetts Energy Facilities Siting Board involving an application
by Cape Wind, the proposed wind farm in Nantucket Sound. Your testimony
is on behalf of the principal group opposing Cape Wind. Cape Wind
currently has an application pending before the FAA seeking a
Determination of No Hazard. It received this determination in 2001, and
an affirmation of this determination in 2005, but these orders have
expired. Given your paid participation by an active opponent of Cape
Wind, will you assure the Committee that you will recuse yourself from
the current proceeding involving Cape Wind and not participate in or
seek to influence this or any other proceeding involving Cape Wind at
the FAA?
Answer. Yes. If confirmed, I will recuse myself.
______

Response to Written Questions Submitted by Hon. Byron Dorgan to
J. Randolph Babbitt
Question 1. As you know, Congress has been very supportive of FAA's
plan to transform our antiquated, analog ground-based air traffic
control system to a more efficient satellite-based system.
Unfortunately, we are still moving slower than other nations despite
knowing that NextGen provides significant public benefits such as
improved safety, congestion relief and reduced fuel consumption and
emissions. I understand the stakeholders representing all segments of
the aviation industry have presented a plan to the Administration on
ideas that can accelerate NextGen benefits by as much as five to 7
years. A key component of the plan is for substantial Federal
investment in key aircraft avionics equipage. Can you tell me what you
think of the plan?
Answer. I agree that ensuring aircraft are equipped with the
necessary avionics is a critical element for NextGen's success and for
realizing benefits for both operators and the FAA. If confirmed, I look
forward to working with the Congress and the Administration on the
FAA's reauthorization, focusing on the importance of equipage and
options for acceleration. I also understand the FAA is working with the
industry to obtain recommendations on strategies for both accelerating
NextGen benefits and facilitating the private sector business cases for
investment. If confirmed, I look forward to studying in more detail the
plan you mention and to doing what we can to accelerate benefits.

Question 2. The U.S. Air Force has told me it needs routine access
to portions of the national airspace to conduct cooperative unmanned
aircraft operations without temporary, specific authorization or
special flight restrictions. As I understand it, the U.S. Air Force
requires a permanent solution by the time UAVs arrive at Grand Forks
Air Force Base in 2010. Furthermore, these needs will expand to other
locations in the continental United States as more and more UAVs are
assigned to other home bases.
At my urging, the FAA and the Air Force convened a task force in
February of this year to begin to address these issues. The Red River
Operations Group task force established a deadline to complete its work
by the summer 2010. Are you confident the task force will meet its
goals on schedule? If not, what do you see as major impediments, and
what can Congress do to help you and the Air Force resolve them? In
particular, are there specific authorities and resources you require to
resolve any issues?
Answer. I am advised that FAA staff working on this issue have some
concerns that FAA and the Air Force will not be able to meet the
schedule outlined in the February meeting. I intend to look into this
issue and am committed to breaking down any barriers to success. Once I
have had an opportunity to examine this issue, I will communicate with
you regarding any assistance Congress can provide. I look forward to
working collaboratively with the Air Force and all stakeholders to
jointly develop options for success at Grand Forks AFB.
______

Response to Written Questions Submitted by Hon. Barbara Boxer to
J. Randolph Babbitt
Question 1. I re-introduced my Passenger Bill of Rights legislation
along with my colleague, Senator Snowe, to prevent airline passengers
from being stranded on the tarmac for hours without food, water,
adequate restroom facilities or medical attention. Will you commit to
working with us to pass and implement a strong passenger bill of rights
this year?
Answer. The protection of airline consumers is primarily a
responsibility of the Office of the Secretary of Transportation. That
said, I know it is one of the Department's priorities. Accordingly, if
confirmed, I would do everything within my power to support completion
of the Department's pending consumer protection rulemaking that
proposes to enhance passenger protections in the following ways: by
requiring carriers to adopt contingency plans for lengthy tarmac
delays; by requiring air carriers to respond to consumer problems; by
deeming the continued operation of a flight that is chronically delayed
to be an unfair and deceptive practice; by requiring carriers to
publish information on flight delays on their websites; and by
requiring carriers to adopt customer service plans, and to audit their
own compliance with their plans.
I would also work to ensure that the Department takes into account
the views of Congress and stakeholders on the appropriate definitions
of tarmac delays and chronically delayed flights. It is important to
recognize that we cannot rely solely on existing regulations, or on the
sometimes lengthy process of enacting new regulations, to protect
consumers in an industry as dynamic as the airline industry. The
ultimate goal should be to eliminate lengthy ground delays and thereby
the need for legislative action.

Question 2. The Department of Transportation's Inspector General
issued a report in April 2009 on the staffing shortages at the Southern
California TRACON (SCT), Northern California TRACON (NCT) and at the
Los Angeles International Airport Traffic Control Tower (LAX). The IG's
report found significant reliance at all three facilities on new hires,
noting that while SCT is the Nation's busiest TRACON, more than 40
percent of SCT's workforce is expected to be in training this year.
Will you commit to reviewing the staffing at all three facilities and
to take appropriate action as warranted?
Answer. Yes. If confirmed, I will commit to take the appropriate
action to ensure that all FAA facilities are appropriately staffed and
able to meet air traffic demands today and tomorrow.

Question 3. Like many of my colleagues, I was deeply saddened by
the tragic crash of Flight 3407 outside of Buffalo last February. I am
also troubled by the initial round of testimony during the National
Transportation Safety Board (NTSB) hearing last week that indicated a
lack of safety oversight by FAA. What more can FAA do now to ensure the
safety of the flying public?
Answer. I was a member of the Independent Review Team that was
charged with reviewing the current aviation safety system. That gave me
direct insight into the particulars of the FAA's oversight program, and
this will allow me to delve into these safety issues immediately upon
taking office if I am confirmed. As to the particulars of the incident
in Buffalo, I eagerly await the completion of the NTSB process and any
recommendations that result from it.

Question 4. I have heard concerns that the FAA has not done its
best to include its entire work force, particularly the air traffic
controllers, in the discussion on the implementation of the NextGen Air
Traffic Modernization. Will you work to include all interested parties
in the discussion on the implementation of NextGen?
Answer. NextGen is a complex and broad reaching initiative that
impacts almost the entire FAA workforce in one way or another. One of
the challenges the FAA has faced in the past is communicating NextGen
in real, clear terms that can be broadly understood. However, the only
way to ensure successful implementation of NextGen capabilities is to
have effective engagement of key FAA stakeholders in the process. If
confirmed, one of my top priorities will be to facilitate the
productive involvement of air traffic controllers, as well as all other
key stakeholders and key members of the work force, in the
implementation process.
______

Response to Written Questions Submitted by Hon. Bill Nelson to
J. Randolph Babbitt
Question 1. Captain Babbitt, we spoke last week about the facility
realignments that have occurred in Florida, and the impact that NextGen
will have on air traffic control staffing. Do we have your commitment
that the FAA will consult with all stakeholders, improve communication,
and consider the overall use of airspace and safety before decisions
are made about future realignments?
Answer. If confirmed, I will be absolutely committed to opening the
lines of communication and including stakeholder input as we move
forward to address the critical issues before the FAA. The important
decisions that will be made over the next few years with regard to
NextGen and the FAA's facility infrastructure, including possible
realignments, require thoughtful input from a wide range of
stakeholders.

Question 2. We also spoke about the use of existing, proven, U.S.
technology to prevent dangerous bird strikes, such as those that caused
the USAir accident on the Hudson River in January. Will you take a
fresh look at the FAA's approach to bird radars?
Answer. Yes, I believe bird radar research is important, and that
the FAA should examine available technologies that can further reduce
the risks to aviation posed by wildlife.

Question 3. Last, the FAA is working with a number of companies on
developing jet fuel made entirely from sustainable biofuels such as
algae and switchgrass. This will not only reduce harmful emissions but
will lessen our dependence on foreign oil and spur U.S. production.
Will you devote all possible resources to expediting careful review and
certification of this technology?
Answer. Yes, I am supportive of the development of sustainable
biofuels for the reasons you mention and will make it a priority for
the FAA if confirmed. We must, of course, ensure the safety of the new
biofuels. Sustainable biofuels are vital to our national security,
protecting the environment, supporting the health of the aviation
industry and creating American jobs and will have my complete
commitment.
______

Response to Written Questions Submitted by Hon. Frank R. Lautenberg to
J. Randolph Babbitt
Question 1. The airspace around Newark is one of the most complex
and congested in the world. And once again, Newark airport leads the
country as the most delayed airport, causing delays that ripple
throughout the country. What actions will you take to reduce congestion
and delays at Newark Airport?
Answer. If confirmed, I will be committed to accelerating NextGen
to reduce delays and to getting technologies and procedures in place
for Newark as quickly as feasible. I will also be focused on what are
the best congestion policies to put in place in the near-term and I
plan to extend the current orders that have capped the number of
flights able to fly into Newark during this interim period.

Question 2. Airlines have promised to do more to avoid having
passengers stranded on the tarmac, but nearly every month we hear of
another horrific delay. In early April, a flight from Columbia, South
Carolina, spent 5 hours on the tarmac without food or water. What more
should airlines do to protect the health and safety of the flying
public during these long ground delays?
Answer. The protection of airline consumers is primarily a
responsibility of the Office of the Secretary of Transportation. That
said, I know it is one of the Department's priorities. Accordingly, if
confirmed, I would do everything within my power to support completion
of the Department's pending consumer protection rulemaking that
proposes to enhance passenger protections in the following ways: by
requiring carriers to adopt contingency plans for lengthy tarmac
delays; by requiring air carriers to respond to consumer problems; by
deeming the continued operation of a flight that is chronically delayed
to be an unfair and deceptive practice; by requiring carriers to
publish information on flight delays on their websites; and by
requiring carriers to adopt customer service plans, and to audit their
own compliance with their plans.
I would also work to ensure that the Department takes into account
the views of Congress and stakeholders on the appropriate definitions
of tarmac delays and chronically delayed flights. It is important to
recognize that we cannot rely solely on existing regulations, or on the
sometimes lengthy process of enacting new regulations, to protect
consumers in an industry as dynamic as the airline industry. The
ultimate goal should be to eliminate lengthy ground delays and thereby
the need for legislative action.

Question 3. Air traffic controllers have been without a collective-
bargaining contract since 2005. How do you recommend DOT move forward
with air traffic controllers and other FAA unions to negotiate a
collective bargaining agreement on pay and working conditions? If
confirmed, will you make this a priority?
Answer. I firmly believe that employee issues and working
conditions are important matters that need to be addressed and, if
confirmed, I am committed to working with all stakeholders to address
the concerns you raise. Specifically, with regard to the controller
contract, on April 30, 2009, Secretary LaHood announced that Jane
Garvey would oversee two mediators who are responsible for solving the
contract dispute between the air traffic controllers and the FAA. That
process is currently underway and resolving this important issue is a
priority for the Department.
______

Response to Written Questions Submitted by Hon. Mark Pryor to
J. Randolph Babbitt
Question 1. In Sec. 308 of the FAA reauthorization bill that was
reported out of the full Commerce Committee in the 110th Congress, the
FAA is directed to publish criteria to be used in making facility and
service realignment decisions. This is to be completed within 9 months
after enactment. Furthermore, Sec. 308(e)(4) stipulates that no control
facilities be consolidated into the Memphis TRACON until after the ATC
Modernization Oversight Board's review of the Administrator's
realignment recommendations is completed. In Arkansas, we're concerned
about the Little Rock facility for a host of reasons, and want to be
sure that there isn't a determination made in the interim. If
confirmed, will you commit to working with Congress prior to
consolidating, relocating, or realigning Air Traffic Control staff and
facilities?
Answer. It is my understanding that Obama Administration is
currently reviewing its policies on a variety of specific aviation
issues and I look forward to working on them including consolidating,
relocating and realigning air traffic control facilities. In general, I
support a transparent, continuous and defined consolidation process,
whereby affected stakeholders work together and collaboratively with
the FAA and Congress to ensure safety and advancement of NextGen.

Question 2. Last year's extreme fuel price volatility followed by
the severe economic downturn has been hard particularly hard on general
aviation industries. At last week's Aviation Subcommittee stakeholders
hearing, we heard that operations are down by as much as a third in
many cases. Layoffs have been extensive throughout the industry. In
Arkansas, we have a large aerospace footprint with aviation products
being our state's number one export in dollar terms. We are especially
proud of our role in general aviation. If confirmed, what role will you
play in promoting general aviation?
Answer. Like you, I believe aviation is critical to our economy--it
is the backbone for our domestic and international commerce. Just last
year, our aerospace industry contributed $97 billion in export sales to
America's economy. As a pilot, I understand the importance of general
aviation and will work with our general aviation community on issues
affecting them.

Question 3. In 2005, due to budget pressures, FAA reduced
engineering and technical staff through attrition in the Aircraft
Certification Service (AIR). As a result of resource constraints, FAA
reduced the level of certification services which slows the pace of
U.S. aerospace product development and design improvements by delaying
when they can start. Many aviation manufacturers whose modernization
related projects have already been delayed 9 months with no indication
how much longer the FAA will continue to hold up their business.
Increasingly, the survival and financial health of businesses are being
impacted by FAA's inability to support the safety certification of new
technologies and products which promote safety, efficiency, and
modernization in a timely manner. This problem will become more acute
as the need for FAA Aircraft Certification Service resources to support
NextGen technologies and equipage increases. If confirmed, will you
commit to reviewing staffing levels for FAA personnel in the Aircraft
Certification Service and working to prevent unnecessary delays in the
certification process?
Answer. As I was meeting with different Senators through my
confirmation process, this concern was raised. I understand that as
part of the FY09 Omnibus appropriations bill, additional funding was
provided to the certification office to address some of the issues you
mentioned. Further, I do plan on reviewing staffing levels to ensure we
have the most efficient and effective system.
______

Response to Written Questions Submitted by Hon. Tom Udall to
J. Randolph Babbitt
Question 1. Mr. Babbitt, The Essential Air Service program
currently ensures that there is commercial air service for five small
communities in my state. While I agree that the program could probably
be more efficient, could you tell me more about what changes DOT
proposes for Essential Air Service? What steps would you take to
provide a better foundation for the Essential Air Service program and
otherwise ensure that small communities depending on it--especially in
the current economic climate--continue to benefit from airline
transportation?
Answer. The Essential Air Service program is administered by the
Office of the Secretary and does not fall under the FAA's purview.
Having said that, I know that the Essential Air Service program
provides a vital link to the national air transportation system for
many communities across the country. In order to ensure that the
program remains responsive to the needs of rural America, I expect the
Department to actively review the challenges facing EAS and work with
closely with Congress in an effort to develop a more efficient program.

Question 2. The in-cabin environment remains an evolving, high-
threat setting within commercial air transport. In addition to dealing
with disruptive passengers, what other security areas should flight
attendant training address? What metrics should be used to validate the
effectiveness of any training?
Answer. If confirmed, I will ensure that FAA continues to work with
TSA to enhance security training for flight attendants. I will also
make certain that we carefully evaluate how we measure the
effectiveness of this--and any--training.

Question 3. Mr. Babbitt, I am concerned that FAA does not have the
FAA engineering and technical resources to support certification
projects. In my state, small aviation manufacturers face multiple
delays with FAA even beginning the certification process for their new
products. Such delays not only prevent the timely deployment of new
aviation and avionics products that improve safety, but also hurt
business opportunities and job growth.
I believe this problem could become even more acute given the need
to certify projects to support ``NextGen'' technologies and equipage.
Will you ensure that the FAA under your leadership has the engineering
and technical resources to support certification projects in a timely
and efficient manner? Will you make this issue a priority as
Administrator, especially given its importance to the successful
implementation of ``NextGen''?
Answer. I am sensitive to the impact that reduced staffing in
aircraft certification offices has had on the U.S. aerospace industries
ability to obtain FAA certification. I will commit to review the
current situation and make more effective use of our resources to
reduce delays in certification. I agree with you that this issue is a
priority.

Question 4. In addition to regulating civil airspace, the FAA
regulates the commercial space industry. This industry's emergence is
apparent with firms such as Virgin Galactic, Space X, XCOR Aerospace,
Armadillo Aerospace, and others. What role will FAA taking to encourage
the development of the new commercial space industry?
Answer. As directed by Congress, the FAA, through its Office of
Commercial Space Transportation (AST), regulates the industry to ensure
public safety during commercial launch and reentry activities. Congress
has also directed FAA to encourage, facilitate, and promote the
industry. If confirmed, I will ensure that FAA develops and distributes
information of interest to the industry and helps the industry
understand and comply with regulations. It is also critical that FAA
works with other government agencies, including NASA, the Department of
Defense, the State Department, and the Commerce Department, to identify
and attempt to minimize regulatory obstacles that are encountered by
the industry.

Question 5. What is your view on regulation and safety for
commercial space operations given this industry's maturity level?
Answer. The FAA has successfully regulated commercial space
operations for more than two decades. FAA's regulations are focused on
ensuring the safety of the uninvolved public. The regulations have
evolved as the commercial space transportation industry has evolved,
and as new vehicles and operational concepts have been developed.
Although there is a regulatory framework already in place, the FAA must
continue to be proactive by planning and anticipating what new
regulations, or changes to existing regulations, may be needed in the
future.

Question 6. Spaceports such as the one under development in New
Mexico are key enablers for the commercial space industry. How will
these facilities and the technologies they support be integrated into
the airspace system?
Answer. It is critical that FAA integrates spaceport facilities
safely into the airspace system. Since most of the launch vehicle
operations that occur from these spaceport facilities are potentially
hazardous, they typically occur within restricted airspace. However,
all of the facilities are required to have agreements in place with the
air traffic control center closest to where the spaceport is located
that outline the proper procedures to be followed. This allows the air
traffic control centers to establish temporary flight restrictions, or
make other arrangements, to enable the launch and reentry operations to
be safely accommodated within the national airspace system.

Question 7. How will the current and future airspace management
systems accommodate commercial space vehicles?
Answer. The FAA must handle commercial space launches both
strategically and tactically on a case-by-case basis. Airspace is
blocked for each launch to ensure safe separation from other aircraft.
Temporary flight restrictions and notices to airmen are issued.
Outreach must be conducted to airlines, business flyers, and general
aviation to ensure they are aware of the launch and possible recovery
activity. In addition, I understand the FAA is working on a software
tool to track launch/reentry trajectories of commercial space vehicles
to determine possible debris fields. This will allow FAA to protect the
airspace in the event of a breakup on reentry. If confirmed, I will
work with our Office of Commercial Space Transportation to develop
procedures to integrate and accommodate space flight vehicles as
seamlessly as possible into the National Airspace System.

Question 8. Mr. Babbitt, in 2006, a man who was drinking before and
during his flight to Albuquerque later killed a family of six while
driving the wrong way down the highway.
Although current FAA regulations prohibit an intoxicated person
from boarding a flight, or from being served more alcohol, it is not
mandatory for airlines to provide training to ensure that these
important safety regulations are obeyed.
I have introduced legislation (S. 743)--supported by flight
attendants, Federal air marshals, pilots, airport law enforcement
agencies, and Mothers Against Drunk Driving--that would require that
all flight attendants and gate attendants receive training for
identifying intoxicated passengers and managing drunk or belligerent
passengers onboard. Do you agree that flight attendants and gate agents
should receive such training to help ensure passenger safety in the air
and protect public safety on the ground?
Answer. While I would need to study the details of this specific
proposal, I agree that it is critical to protect the safety of
passengers, crew members, and the general public. Additional training
for airline employees may be a valuable tool in this effort.

Question 9. Alcohol fueled air rage continues to be an aviation
security issue, which seems to require an integrated, system-wide
response. What plans are there to integrate checkpoint screeners and
other Federal security personnel with airline employees (gate agents,
flight attendants) to work on managing the risk of drunken travelers?
What about the roles of airport security and local law enforcement? How
should they be incorporated into safety planning and management?
Answer. If confirmed as Administrator, I will collaboratively work
with all agencies that are involved in the safety of the flying public.
While I do not have any specific recommendations at this time, I will
commit to reviewing this issue early in my tenure.
______

Response to Written Question Submitted by Hon. Mark Warner to
J. Randolph Babbitt
Question. In November of last year, the FAA convened a working
group consisting of representatives from the Department of Defense,
Department of Homeland Security, the Washington Metropolitan Airports
Authority and Arlington County. The purpose of the group is to assess
the current surveillance coverage issues around Ronald Reagan
Washington National Airport (DCA), conduct surveillance impact and
mitigation studies incorporating the proposed redevelopment in
Arlington County west of DCA, and recommend a mitigation and
implementation plan that preserves air traffic, communications,
navigations and surveillance systems integrity while providing a
roadmap for these necessary redevelopment efforts in Arlington County.
The Arlington County Board of Supervisors has indicated to my staff
that this effort is not only critical to the redevelopment of the
Crystal City area in Northern Virginia that is necessitated by the 2005
Base Realignment and Closure process, but will also provide the FAA
with a model to apply to other airports throughout the country to
mitigate surveillance and air traffic operations issues. Can you
provide the Committee with an update as to the status of this important
project, the timeline for the completion of the relevant studies, and
the implementation schedule for the proposed mitigation measures?
Answer. I am advised that the FAA is currently engaged in three
specific feasibility aeronautical studies regarding the Arlington
County, VA BRAC redevelopment plan for Crystal City. This is the first
project of its kind where the FAA works with all aviation stakeholders
to assist a community with their long-term development plans to
identify and mitigate potential conflicts in airspace use to derive at
a mutually beneficial solution.
The main issue in Arlington County is the impact increased building
heights and density will have on the Washington-Reagan National
Airport's (DCA) surveillance Radar (DCA ASR-9). The FAA has identified
and is investigating three options of potential mitigation: (1)
increasing the antenna height of the current ASR-9 at DCA; (2)
evaluation of optimizing an alternative site at Andrews Air Force Base
(ADW), MD; (3) evaluation of an alternative site at St. Elizabeth's
Hospital in Washington, DC.
I'm told that work on this important project is expected to
continue throughout the summer. The FAA expects to report the findings
by end of FY 2009. Implementation schedules for any proposed
mitigations would be forthcoming at that time.
______

Response to Written Questions Submitted by Hon. Mark Begich to
J. Randolph Babbitt
Question 1. The only FAA controllers still providing Flight Service
Air Traffic duties are located in Alaska. Flight Service controllers
are now retiring and there is no current plan or facility in place to
train replacements. The University of Alaska Anchorage Air Traffic
Control program has offered to provide this needed training for the
FAA. (1) Will you work with the University of Alaska Anchorage to
ensure this needed pipeline of new FSS controllers is implemented? (2)
Do you support continued restoration efforts of retirement benefits for
the Flight Service Controllers (outside of Alaska) who lost Federal
employment as a result of the FAA's 2005 labor outsource?
Answer. (1) I have not had the opportunity to examine the
University of Alaska Anchorage program but, if confirmed, I look
forward to doing so. (2) Employee issues of this kind are of great
importance and if confirmed I will look into this matter promptly. As
you may know, a variety of labor-management issues are currently under
discussion between FAA management and representatives of its work
force, and I pledge to inform the Committee if and when these
discussions produce results.

Question 2. The FAA has failed to properly maintain a number of the
physical structures from which essential air traffic services are
provided to Alaskans. This neglect has threatened the safety of workers
and now threatens to close Flight Service operations in Dillingham,
Ketchikan and Kotzebue for up to 2 years while replacement facilities
are built or repairs are made. What will you do to ensure these ATC
services are not eliminated or reduced, and that employees have a safe
working environment?
Answer. I am not familiar with the particular conditions of these
facilities but I will look into this matter promptly if confirmed. As
you know, modernization of the facilities and systems of the air
traffic control system is a priority of this Administration and it will
be my goal to accomplish this as quickly as possible.

Question 3. Do you think FAA should include stakeholders, including
FAA employees, in any efforts to realign facilities and services? If
confirmed, will you agree to work with stakeholders to ensure the FAA
reauthorization plan is enacted and a transparent, inclusive process is
implemented?
Answer. If confirmed, I will be absolutely committed to opening the
lines of communication and including stakeholder input as we move
forward to address the critical issues before the FAA. The important
decisions that will be made over the next few years with regard to
NextGen and the FAA's facility infrastructure require thoughtful input
from a wide range of stakeholders. I know as we move forward with FAA
reauthorization, the Administration supports a transparent and
inclusive stakeholder process to address FAA facility issues.
______

Response to Written Questions Submitted by Hon. Kay Bailey Hutchison to

J. Randolph Babbitt
Question 1. One of the primary benefits of NextGen is the efficient
use of our national air space system that will lead to reduced carbon
emissions. Over the past couple years we have seen several climate
change legislative proposals such as cap-and-trade schemes. Do you have
concerns with how these climate proposals would affect the airline
industry specifically and will you commit to being an advocate for
practical approaches to climate policy within the Administration?
Answer. If confirmed, I am committed to being an advocate for
practical approaches. Aviation safety is always the top priority for
any proposals involving aircraft or aircraft fuels, and FAA must be
involved. Aviation is global in nature, and it would be a concern if
proposals would undermine international agreements. We need to keep an
eye on costs because we cannot achieve the energy and climate benefits
of NextGen without the aviation industry's ability to invest in new
technologies. We also need to consider the interdependent nature of
environmental impacts, such as improving fuel efficiency in a way that
degrades noise or other emissions.

Question 2. There is a good argument that the global aviation
system does not lend itself to country-by-country or region-by-region
standard and regulation governing environmental performance. Because of
the global nature of the airline business, one would think we should
seek a more internationally agreed upon approach. As FAA Administrator,
will you continue the U.S. Government's approach of working through the
International Civil Aviation Organization (ICAO) mechanisms to
establish global environmental standards, rather than the piecemeal
approach being taken by the European Union?
Answer. It is my understanding that the Federal Aviation
Administration has been and is continuing to work at ICAO through the
high-level Group on International Aviation and Climate Change to
develop a global plan of action. It is important for that process to
succeed. Aviation must do its part as a sector to address international
aviation greenhouse gas emissions and the FAA must continue to
integrate its approach with the Administration's policies on addressing
climate change on a global scale.

Question 3. Recently a Texas news story was reported with some
potentially disturbing allegations regarding flaws in the way FAA
licenses mechanics, including English proficiency. One employee is
quoted saying ``There are people [where I work] who do not know how to
read a maintenance manual as they are spelled out, because they don't
have a clue,'' said one certified aircraft mechanic who works at a
Texas aircraft repair station.
I have included a copy of the most recent story below. I would like
you to report back to me on the allegations in the story and describe
how you intend to deal with the problem if the story has merit?

News 8 Investigates: Airline mechanics who can't read English

10:03 AM CDT on Saturday, May 16, 2009
By BYRON HARRIS/WFAA-TV

News 8 Investigates
May 15th, 2009

News 8 has recently revealed serious flaws in the way the FAA
licenses mechanics who fix planes.
There is evidence of years of problems in testing these mechanics.
There is also evidence that hundreds of mechanics with questionable
licenses are working on aircraft in Texas.
Now there is evidence of repair facilities hiring low-wage
mechanics who can't read English.
Twenty-one people were killed when U.S. Airways Express Flight 5481
crashed in Charlotte, North Carolina in 2003. The plane went wildly out
of control on takeoff.
One reason for the crash, investigators found, was that mechanics
incorrectly connected the cables to some of the plane's control
surfaces in the repair shop. The FAA was cited for improper oversight
of the repair process.
Repairing airplanes is a complicated business. Airplanes have many
manuals. Typically, when mechanics repair a part, they open the manual,
consult the book, and make the repair step-by-step, as if it were a
recipe book.
They make a list of every action they take, so the next person to
fix the plane (as well as the people who fly it) will know exactly what
has been done.
If mechanics don't speak English, the international language of
aviation, they can't read the manual and they can't record their
activities.
There are more than 236 FAA-certified aircraft repair stations in
Texas, according to the FAA's Website. News 8 has learned that hundreds
of the mechanics working in those shops do not speak English and are
unable to read repair manuals for today's sophisticated aircraft.
Former FAA inspector Bill McNease told News 8 he regularly
encountered applicants for pilots' licenses who tried to pretend they
could speak English--but could not.
``When I was based in Dallas, I had that happen every week,''
McNease said. ``It was not uncommon at all to have foreign flight
students. We had mechanics, but I handled the pilot end of it . . . and
I turned down people every week because they couldn't speak English.''
``There are people [where I work] who do not know how to read a
maintenance manual as they are spelled out, because they don't have a
clue,'' said one certified aircraft mechanic who works at a Texas
aircraft repair station. He wished to remain anonymous to protect his
employment.
To certify a part for flight or repair an engine, a mechanic must
be licensed by the FAA as an Airframe and Powerplant mechanic, known in
the business as an ``A&P.''
News 8 discovered that mechanics at one licensing center in San
Antonio were being tested in Spanish as late as last fall. The FAA
ultimately shut the facility down.
Supervisors in Texas repair stations say they are supposed to
oversee the repairs of dozens of untrained mechanics who can't read the
manuals and can't write down the work they've done.
But the FAA does not require every person working at a repair
station to be a certified A&P. One certified A&P can sign off on the
work of dozens of uncertified mechanics.
That creates a huge problem, another certified mechanic told News
8. ``I need an interpreter to talk to these people,'' he said. ``They
can't read the manuals, they can't write, and I have so many working
for me I can't be sure of the work they've done.''
To be sure of proper quality, the supervisor has to either re-do
the work himself or take the chance that no mistakes have been made.
There is a push to get work out the door and planes back in the air.
But when he signs his name to certify the repair for flight, he is
legally responsible for it.
The root of the problem is money, mechanics say. A certified
mechanic can earn upwards of $25 an hour in Texas. Technicians who
can't speak English are often hired for less than $10, according to
mechanics interviewed by News 8.
``I've been wanting to leave this company since the day I got
there,'' said one certified A&P. ``But with the economy the way it is,
I've got kids to feed and I have to stay there. I don't want to be
anywhere near one of those planes when it kills somebody.''
The FAA is supposed to police repair stations, but insiders say the
agency is more focused on looking at paperwork than inspecting the
facilities. Insiders also say inspectors warn repair stations when
they're coming.
``In Dallas, most of them would map it out and tell them what day
they were going to be there,'' said Gene Bland, a former FAA inspector.
Safety, mechanics say, is at risk. ``In my opinion,'' said one,
``company owners should all be locked up because someone's going to die
eventually, if it hasn't already happened.''
Texas' two biggest airlines, American and Southwest, both require
mechanics and the technicians who work under them to speak, read and
write English.
But mechanics who work elsewhere--whose repairs often end up on
commercial airliners--say their shops are filled with non-English
speakers.
The FAA declined to be interviewed for this report.
Answer. I assure the Committee that, if confirmed, I will
thoroughly examine these allegations, and I will provide the Committee
with a report of our findings.

Question 4. Are there any specific issues you intend to rescue
yourself from if they are brought before the Agency?
Answer. I have agreed, if confirmed, to recuse myself in all
particular matters affecting the financial interests of Citigroup, JP
Morgan Chase, Bank of America, and my former employer (Oliver Wyman),
the parent of my former employer (Marsh & McLennan Corporation), and
Access National Corporation (a bank holding company in Reston,
Virginia).
Also, I have agreed pursuant to Executive Order 13490, if
confirmed, not to participate, for a two-year period, in particular
matters involving former clients for whom I have personally provided
services within the two-year period preceding my appointment. These
clients include Airbus Inc., the City of Phoenix, Hawaiian Airlines,
Frontier Airlines, Pinnacle Airlines, as well as Save Our Sound (APNS)
and the other organizations for whom I have provided consulting
services in connection with flight path obstacle evaluations.
In addition, if confirmed, I would be recused in particular matters
affecting General Electric, Air Tran, Inc., Hawaiian Holdings, Inc.,
Continental B, Federal Express Corporation, Limco Piedmont, Inc.,
Aercap Holdings NV, Air Castle Ltd., and Macquarie Infrastructure
Company LLC until I divest my stock interests in these organizations. I
am required by my ethics agreement to sell my stock in these
organizations within 90 days of confirmation.
______

Response to Written Question Submitted by Hon. John Thune to
J. Randolph Babbitt
Question. I am pleased to hear that the modernization of the air
traffic control system will be one of your top priorities.
Modernization will not just improve air travel at busy hubs, but there
are also benefits for smaller and rural communities. This is especially
true in the area of safety since we can have safer approaches in poor
weather conditions. Currently the equipment needed to do so is too
expensive to ever be deployed at smaller airports. What will you do to
ensure the modernization will come to all airports, not just the large
congested ones?
Answer. I believe there are a number of opportunities for improving
small airports and the General Aviation community. For example, one
area is the deployment of Wide Area Augmentation System (WAAS)
approaches. There are currently 20,000 aircraft already equipped to
take advantage of the procedures. If confirmed, I will ensure that the
FAA will continue to pursue opportunities for improvement at smaller
and rural communities.
______

Response to Written Questions Submitted by Hon. Olympia J. Snowe to
J. Randolph Babbitt
Question 1. Has the FAA has sufficiently involved industry
stakeholders in the development of NextGen?
Answer. I believe the FAA has taken a number of steps to involve
stakeholders in NextGen development. If confirmed, I am committed to
continued outreach and involvement as we move forward with NextGen
implementation. I know that FAA has taken recent steps to foster
increased industry involvement in NextGen and encourage timely equipage
of aircraft. For example, earlier this year the FAA, in partnership
with RTCA, initiated broader collaboration with industry through the
NextGen Implementation Task Force. If confirmed, I intend to work
closely with the aviation community to ensure NextGen meets the needs
both of the FAA and its stakeholders.

Question 2. Does the FAA have both the resources and the management
capabilities to maintain the current system--with all its flaws--while
simultaneously overseeing the implementation of NEXT GEN, particularly
if Congress expedites the rollout of so-called `off-the-shelf'
technology already available? Or do you envision seeking additional
revenues from other sources, such as the General Fund?
Answer. I believe this is a question that has been raised by a
number of constituencies. If confirmed, I look forward to working
closely with the Congress to ensure that FAA has the resources and
capabilities to move forward with NextGen implementation while
maintaining the current system. I am encouraged by the improvements FAA
has made to improve its acquisition performance in recent years as
evidenced by the fact that GAO removed the FAA from the high risk list
for modernization in recognition of FAA's progress.
Recognizing the importance of attracting and retaining the proper
skill sets for NextGen is critical and if confirmed, I am committed to
addressing workforce concerns, particularly around staffing, hiring
processes, and training and retention programs.

Question 3. The GAO has testified before this Committee that the
efforts to fully implement the NEXT GEN system by 2025 may not be
attainable, which seems directly in contrast with your perspective of
an expedited roll out. What do you believe would be the single greatest
obstacle to complete implementation? What would be the single-most
effective measure Congress could include in this reauthorization that
would help overcome that obstacle?
Answer. I believe that avionics equipage is a significant issue. I
think the FAA needs to continue to work aggressively to develop and
deploy real, mid-term capabilities that build the foundation toward
NextGen. However, FAA's efforts alone will not be sufficient. Achieving
the full capability of NextGen benefits will require investment by both
the government and the private sector. Ensuring that a significant
portion of the aircraft fleet is appropriately equipped to take
advantage of NextGen improvements is one of the most critical issues in
achieving success. If confirmed, I stand ready to work with Congress on
any other proposals that may be considered.

Question 4. What kind of revenue infusion will the FAA require to
develop and deploy NEXT GEN technologies, while expanding capacity at
some of our largest airports and repairing the crumbling facilities we
must have in place until NEXT GEN is fully implemented?
Answer. The FAA has requested approximately $6.9B in NextGen
funding over the next 5 years (FY 10-14) with approximately $865M for
FY10. The funding for FY09 is $695M.

Question 5. To handle the projected rise in traffic into the next
decade, FAA will need not only to reconfigure the layout of various
airports, but also augment capacity at several facilities--most of
which are among the busiest airports in the country. This will require
a substantial commitment of both time and money, especially if it
resembles modernization problems at O'Hare. Will the scarcity of these
additional resources further compromise the schedule for NEXT GEN,
particularly in its later stages when it is nearing completion?
Answer. Airport capacity will continue to be a factor in the
ability of the national aviation system to meet current and future
demand. Solving the airport congestion problem must go hand in hand
with NEXT GEN implementation. If confirmed, I will be committed to
integrating airport capacity needs and NEXT GEN implementation.

Question 6. Due to the recent decline in passenger numbers and
reduced ticket prices, we are seeing a precipitous drop in revenues
flowing into the Airport Trust Fund. Are we facing a situation where
Congress will be forced to choose between traditional capacity and
safety improvements such as new runways, or funding NEXT GEN
development?
Answer. While there may be a drop in revenues, the cash balance
remains adequate to fund NextGen at the levels suggested in the
President's budget. However, the FAA must work with Congress during the
reauthorization process to find ways to appropriately fund acceleration
of NextGen.

Question 7. Airlines are projected to bring in as much as $3.5
billion in fees and surcharges in 2009. While I do not dispute the
straits in which the commercial aviation companies find themselves in,
do you feel that these fees are circumventing the needs of a dwindling
Aviation Trust Fund, just when we may need it the most?
Answer. Most fees that the airlines have put in place are subject
to the 7.5 percent passenger tax. The exception is the baggage fee,
which by statute is exempt. If confirmed, I will look forward to
working with Congress during FAA's reauthorization process to ensure
the Aviation Trust Fund's ability to provide the funds necessary for
aviation.

Question 8. The FAA's primary responsibility is to ensure safety in
the skies. It is specifically delineated in their charter, despite
recent changes that muddied the waters by simultaneously attempting to
be advocates for the airlines and maintain safety. Yet Congress
continues to grow frustrated with the agency as they typically refuse
to act until a tragedy occurs--and in this particular instance, even
AFTER multiple tragedies. Can we finally expect a more proactive FAA
under your leadership? While I understand that you are under no legal
obligation to reply, much less to enact, NTSB recommendations, will you
commit to informing both the Board and Congress of the agency's
decisions when and why they do not endorse NTSB recommendations?
Answer. The fatal commercial accident rate has dropped 65 percent
in 10 years. You have my commitment that I will focus on the other 35
percent if confirmed. Historically, the NTSB has found 82 percent of
FAA's actions to its recommendations acceptable. I commit that we will
continue to treat all NTSB recommendations with high regard, and if we
disagree with a recommendation, we will do so in a clear and
unambiguous manner.

Question 9. As we discussed privately, there are a number of
discrepancies between regional, or commuter, airlines and major legacy
carriers. Do you believe the FAA must tailor their regulations and
standards to meet the needs of these smaller, regional carriers? Or
should the agency continue their one-size-fits-all approach?
Answer. All commercial air carriers conduct business using the same
design, maintenance, and operational rules. I support this and will
continue to focus on consistency across the spectrum of aircraft and
operators if confirmed.
______

Response to Written Questions Submitted by Hon. Johnny Isakson to
J. Randolph Babbitt
Question 1. My understanding is that FAA has decided to revoke its
revised pilot and flight attendant rest rules for long-range flights
(OpSpec A332), instead working with airlines to study the matter over
the coming year. Do you believe this was the right course of action?
Answer. I understand the FAA's decision to withdraw a proposed
amendment to three air carriers' operations specifications was a
routine activity to amend operations specifications. If confirmed as
Administrator, I will certainly become active in the issue of the
management of ultra-long range operations, as well as the larger issue
of fatigue in aviation operations.

Question 2. In your view, should all pilots (regional or mainline;
domestic or international) be covered under one flight time and duty
time rule?
Answer. Flight time, rest requirements and duty time limitations
for all crewmembers, not just pilots, should be made as consistent as
possible. If confirmed, I will review the current regulations with a
focus on consistency and appropriate application of fatigue science.

Question 3. Under your leadership, what steps, if any, will FAA
take to incorporate research findings on flight crewmember fatigue into
a common set of regulations for all types of airline operations?
Answer. My emphasis will be on exerting FAA leadership in fatigue
mitigation by first developing a solid set of Fatigue Risk Management
System principles that operators could begin to use. Utilizing
available data and research is critical in developing appropriate
regulations in this area.

Question 4. What role do you think science should play in
determining pilot crew rest requirements and the impacts of fatigue on
aircraft operations?
Answer. Today we have a genuine advantage over the FAA of the
1960s, 70s, 80s, and even the 1990s because there is a solid base of
fatigue science that permits effective modeling of fatigue and fatigue
mitigation effectiveness. With this as a starting point, I believe that
we can lead the industry toward genuinely effective fatigue mitigation
practices in scheduling, rest requirements, and duty restrictions that
would reflect accurate knowledge of human performance yet enable safe,
reliable aviation operations.

Question 5. FAA, in the past, has been reluctant to define work
rules for airline operations. Both FAR Part 121.471 and Part 135.265
are nearly identical and both do not include the term ``duty time,''
instead making all references to duty under ``flight time limitations
and rest requirements.'' Do you believe the FAA should specifically
regulate duty time?
Answer. If confirmed, I commit that the FAA will focus on all
fatigue issues. One of my priorities will be working with industry to
come up with a solution acceptable to both industry and the FAA.

Question 6. Should the FAA set working hour limits for flight
crews, aviation mechanics, and air traffic controllers based on fatigue
research, circadian rhythms, and sleep and rest requirements, and
develop a fatigue awareness and countermeasures program for air traffic
controllers?
Answer. As I've stated before, we have a very good base of fatigue
science that we can apply to this challenging issue. All the fatigue
aspects that you've mentioned, and more, need to be applied to a
rational set of guidelines in aviation operations and air traffic
control.

Question 7. Do you believe that the FAA should install crash-
protected image recorders in cockpits to give investigators more
information to solve complex accidents?
Answer. Accident investigators need all the tools science can
provide them. However, I am aware of the controversy surrounding the
use of image recorders and their effect on privacy, as well as how the
images could be used. If confirmed, I commit to focus on this issue in
my tenure.

Question 8. Do you believe that the FAA should require commuter and
on-demand air taxi flight crews to receive crew resource management
training?
Answer. It's my understanding the FAA recently proposed a rule that
would require Crew Resource Management training for crewmembers in Part
135 operations. I support the extension of Crew Resource Management
training to all appropriate segments of aviation.

Question 9. Do you believe that, with regards to Emergency Medical
Service flights, the FAA should require EMS conduct all flights with
medical personnel on board in accordance with commuter aircraft
regulations, develop and implement flight risk evaluation programs,
require formalized dispatch and flight-following procedures including
up-to-date weather information, and install terrain awareness and
warning systems on aircraft?
Answer. It's my understanding the FAA is in the process of issuing
a proposed rule in this area which is very comprehensive and would
require certain programs that are now voluntary. I fully support this
effort.

Question 10. Do you believe that the FAA should use current
research on freezing rain and large water droplets to revise the way
aircraft are designed and approved for flight in icing conditions?
Answer. As a pilot, I know firsthand the issues of flying in
freezing rain and ice. I know the FAA is proposing a rule that
addresses requirements for safe operation in these conditions.

Question 11. Do you believe that the FAA should review and, where
necessary, apply revised icing requirements to currently certificated
aircraft?
Answer. The FAA and NTSB have a long and successful history of
addressing the threat to aircraft in icing conditions. If confirmed as
the Administrator, I will continue to review and improve our programs
to reduce this threat even further.

Question 12. There have been 15 recorded accidents or incidents
where a turboprop aircraft, being flown by the autopilot, departed
controlled flight while operating in icing conditions. The NTSB has
recommended turboprop aircraft be hand-flown in icing conditions. Do
you agree with their recommendation?
Answer. Based on my experience as a pilot, hand flying the airplane
for awareness of any effects of icing on the airplane must be balanced
against the potential detrimental effects of increased crew workload.
With that in mind, I support continuing to assess the feasibility,
benefits, and risks associated with hand-flying turboprop aircraft in
icing conditions.

Question 13. Analysis performed by the Flight Safety Foundation has
shown that runway excursions accounted for approximately 29 percent of
all accidents involving turboprop and turbojet aircraft worldwide
between 1995 and 2006, and that runway incursions are on the rise. What
are your plans to address runway incursions?
Answer. I understand that the FAA has focused on this problem over
the past year and that progress has been made to reduce runway
incursions, particularly the most serious incursions. So far in FY 09
total runway incursions are down approximately 5 percent and
significant RI's are down almost 70 percent. If confirmed, I will
continue to focus on the initiatives that have proven beneficial in
terms of reducing the risk of runway incursions. Technology, improved
procedures and communications and awareness between pilots and
controllers are all key to ensuring we continue to reduce risk in the
system.

Question 14. The challenges you face with regards to NextGen/NowGen
implementation are challenges that your predecessors have faced. In
your view, what are the road blocks to implementing NextGen/NowGen
technology? What specifically are you going to do that your
predecessors did not do in this regard to implement these technologies?
Answer. NextGen is an incredibly complex undertaking, the likes of
which has not been seen elsewhere in Government. Along with the
complexity come a number of challenges that will face the FAA as
NextGen is implemented. Some of the challenges I foresee include:

Ensuring the effective engagement of the workforce in the
implementation process.

Ensuring alignment with industry and timely avionics
equipage to enable benefits to be realized.

Ability of FAA to grow its acquisition workforce.

Potential impact of environmental barriers.

Communicating NextGen in real, clear terms that can be
understood by all stakeholders.

If confirmed, my focus will be on addressing these challenges.

Question 15. In order to address budget shortfalls, the FAA
Aircraft Certification Office will downsize its organization through
attrition of engineering staff and will reduce the level of services it
provides. FAA has committed to support existing certification programs
already in process. However, due to decreased FAA staffing, new
certification projects are being evaluated and possibly delayed in
order to determine which projects will be supported and which projects
will be put on hold. According to the FAA, each new project will be
held until the FAA determines what resources are necessary to support
the program and whether the FAA will wait to begin the project. The
problems become worse because the FAA will not provide manufacturers
with the specific criteria for the evaluation leaving manufacturers
without any guidance on when and how to start new product development.
What is your vision for FAA certification processes given current
budget issues, and what steps will you take to insure that more
adequate staffing is available to the Certification Office?
Answer. I am sensitive to the impact that reduced staffing in
aircraft certification offices has had on the U.S. aerospace
industries' ability to obtain FAA certification.
I will commit, if confirmed, to review the current situation and
make more effective use of our resources to reduce delays in
certification.

Question 16. Recently on a visit to Columbus (CSG) I met with a
woman whose house is next to a lot where the FAA is installing a wind
shear detector. While I absolutely recognize the need for this
technology, and do not want to be an impediment toward its
implementation at CSG, I contacted FAA on her behalf to inquire as to
possibility for locating the tower somewhere else. I and my staff have
asked to be updated on the progress with this tower, but have not heard
anything from the FAA legislative affairs office on what is happening
with construction or the potential for locating this at an alternative
site. Please provide me an update as to the status of this project.
Answer. It is my understanding that the Regional Administrator for
the Southern Region recently sent you a letter outlining the efforts
that FAA regional officials and local officials went through to
determine if there was an acceptable alternative site for the alert
system. Unfortunately, after considering several alternate sites, it
was determined that FAA's technical requirements were best achieved by
locating the alert system at the original location. I am told that FAA
will finish construction at this site by the end of the month and place
the alert system in service, which will improve aviation safety in this
region.

Question 17. According to the latest DOT Air Travel Consumer
Report, 17 of the 21 flights that had tarmac departure delays of 4
hours of more in March were departing from Atlanta, including one
flight that took a staggering 5 hour 45 minute delay. To what do you
attribute these statistics? What air traffic management plans do you
have in place to ensure that this situation does not happen at Atlanta
again?
Answer. With regard to your questions about the Atlanta operation
in March, if confirmed, I will follow up to provide specific answers.
On a broader level, the issue of delays points to the importance of
moving forward with NextGen implementation as quickly as possible.
NextGen means flying more passengers, more cargo, more types of
aircraft, more safely and efficiently. NextGen is a top priority for
the Obama Administration and will be for me as we seek to accelerate
key components over the next few years. In parallel, I am committed to
continued work with the airlines and airports to mitigate the impacts
of the types of events outlined in your question.