[Senate Hearing 116-584]
[From the U.S. Government Publishing Office]


                                                       S. Hrg. 116-584

                     NOMINATIONS TO THE DEPARTMENT
                      OF COMMERCE, THE DEPARTMENT
                       OF TRANSPORTATION AND THE
                   FEDERAL COMMUNICATIONS COMMISSION

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

                                HEARING

                               BEFORE THE

                         COMMITTEE ON COMMERCE,
                      SCIENCE, AND TRANSPORTATION
                          UNITED STATES SENATE

                     ONE HUNDRED SIXTEENTH CONGRESS

                             SECOND SESSION

                               __________

                             MARCH 11, 2020

                               __________

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


[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

                Available online: http://www.govinfo.gov
                
                               __________

                                
                    U.S. GOVERNMENT PUBLISHING OFFICE                    
52-670 PDF                  WASHINGTON : 2023                    
          
-----------------------------------------------------------------------------------                  
              
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                     ONE HUNDRED SIXTEENTH CONGRESS

                             SECOND SESSION

                  ROGER WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota             MARIA CANTWELL, Washington, 
ROY BLUNT, Missouri                      Ranking
TED CRUZ, Texas                      AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska                RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas                  BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska                 EDWARD MARKEY, Massachusetts
CORY GARDNER, Colorado               TOM UDALL, New Mexico
MARSHA BLACKBURN, Tennessee          GARY PETERS, Michigan
SHELLEY MOORE CAPITO, West Virginia  TAMMY BALDWIN, Wisconsin
MIKE LEE, Utah                       TAMMY DUCKWORTH, Illinois
RON JOHNSON, Wisconsin               JON TESTER, Montana
TODD YOUNG, Indiana                  KYRSTEN SINEMA, Arizona
RICK SCOTT, Florida                  JACKY ROSEN, Nevada
                       John Keast, Staff Director
                  Crystal Tully, Deputy Staff Director
                      Steven Wall, General Counsel
                 Kim Lipsky, Democratic Staff Director
              Chris Day, Democratic Deputy Staff Director
                      Renae Black, Senior Counsel
                           
                           
                           C O N T E N T S

                              ----------                              
                                                                   Page
Hearing held on March 11, 2020...................................     1
Statement of Senator Wicker......................................     1
Statement of Senator Cantwell....................................     2
Statement of Senator Fischer.....................................    48
Statement of Senator Tester......................................    50
Statement of Senator Moran.......................................    52
Statement of Senator Sullivan....................................    54
    National Transportation Safety Board's Safety Recommendation 
      Report.....................................................    56

                               Witnesses

Hon. Dr. Neil Jacobs, Nominee to be Under Secretary of Commerce 
  for Oceans and Atmosphere, Department of Commerce..............     4
    Prepared statement...........................................     5
    Biographical information.....................................     7
Finch Fulton, Nominee for Assistant Secretary for Policy, U.S. 
  Department of Transportation...................................    21
    Prepared statement...........................................    23
    Biographical information.....................................    24
John Chase Johnson, Nominee to be Inspector General, Federal 
  Communications Commission......................................    36
    Prepared statement...........................................    37
    Biographical information.....................................    38

                                Appendix

Response to written question submitted to Hon. Dr. Neil Jacobs 
  by:
    Hon. Roger Wicker............................................    65
    Hon. Deb Fischer.............................................    65
    Hon. Dan Sullivan............................................    66
    Hon. Maria Cantwell..........................................    68
    Hon. Amy Klobuchar...........................................    70
    Hon. Edward Markey...........................................    71
    Hon. Brian Schatz............................................    74
    Hon. Richard Blumenthal......................................    75
Response to written questions submitted to Finch Fulton by:
    Hon. Maria Cantwell..........................................    76
    Hon. Amy Klobuchar...........................................    81
    Hon. Richard Blumenthal......................................    82
    Hon. Edward Markey...........................................    84
    Hon. Jon Tester..............................................    86
Response to written questions submitted to John Chase Johnson by:
    Hon. Maria Cantwell..........................................    87
    Hon. Amy Klobuchar...........................................    88

 
                     NOMINATIONS TO THE DEPARTMENT
                      OF COMMERCE, THE DEPARTMENT
                       OF TRANSPORTATION AND THE
                   FEDERAL COMMUNICATIONS COMMISSION

                              ----------                              


                       WEDNESDAY, MARCH 11, 2020

                                       U.S. Senate,
        Committee on Commerce, Science, and Transportation,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:20 a.m. in 
room SR-253, Russell Senate Office Building, Hon. Roger Wicker, 
Chairman of the Committee, presiding.
    Present: Senators Wicker [presiding], Cantwell, Fischer, 
Tester, Moran, and Sullivan.

            OPENING STATEMENT OF HON. ROGER WICKER, 
                 U.S. SENATOR FROM MISSISSIPPI

    Senator Wicker. We will now consider three nominations to 
important positions spanning the jurisdiction of this 
committee.
    The nominees before us today are first Dr. Neil Jacobs, who 
has been nominated to be Under Secretary of Commerce for 
Oceans, Atmosphere, and Administrator of the National Oceanic 
and Atmospheric Administration. Second, Mr. Finch Fulton, who 
has been nominated to serve as Assistant Secretary for 
Transportation Policy at the Department of Transportation, and 
third, Mr. Chase Johnson, who is the nominee for Inspector 
General at the Federal Communications Commission.
    Dr. Jacobs is already well known and respected by the 
Commerce Committee because of the valuable work he currently 
performs as Assistant Secretary of Commerce for Environmental 
Observation and Prediction, a position to which he was 
unanimously confirmed by this committee and the Full Senate 
just over 2 years ago.
    Dr. Jacobs received a B.S. in Mathematics and Physics from 
the University of South Carolina in 1996 and an M.S. in Air-Sea 
Interaction and a Ph.D. in Numerical Weather Prediction from 
North Carolina State University in 2000 and 2005, respectively.
    He has held positions in atmospheric science in the private 
sector and has been a leader in professional organizations in 
his field of expertise.
    The Under Secretary of Commerce for Oceans and Atmosphere 
is a critical position in the Department of Commerce. This 
country relies on NOAA for severe storm warnings, fish stock 
assessments, and accurate navigational charts.
    It is vital to have a Senate-confirmed individual serving 
in this role because we want one NOAA under one leader and we 
will have it in this distinguished nominee.
    Finch Fulton currently serves as the Deputy Assistant 
Secretary for Policy in the Department of Transportation and he 
has been nominated to serve as the Assistant Secretary for 
Transportation Policy.
    He previously worked as a Special Advisor to the Secretary 
on Transportation Policy. The Office of Transportation Policy 
is responsible for recommending surface transportation policy 
initiatives and coordinating multimodal initiatives, including 
the Department of Transportation's proposed Surface 
Transportation Reauthorization language.
    From 2013 to 2016, Mr. Fulton worked as a consultant in the 
private sector and earlier in his career, he worked in the U.S. 
Senate and the House of Representatives.
    He received his B.S. in Commerce and Business 
Administration from the University of Alabama in 2008 and his 
MBA from Johns Hopkins University in 2013.
    Chase Johnson has been nominated to serve as Inspector 
General for the Federal Communications Commission. The role of 
the Office of Inspector General at the FCC is essential given 
the need for oversight of the $8 billion in ratepayer dollars 
collected and distributed annually through the Universal 
Service Fund.
    Mr. Johnson is an attorney in private practice with a large 
law firm and with a focus on commercial litigation and 
government contracts. He is also a major in the United States 
Marine Corps Reserve and currently serves as a military judge 
in the Navy Marine Corps Trial Judiciary.
    He served in Afghanistan while on Active Duty with the 
Marine Corps followed by clerkships with two Federal court 
judges.
    Mr. Johnson received a B.A. in History from Duke University 
in 2005 and a J.D. from the University of Virginia School of 
Law in 2009.
    I would note that Mr. Johnson's parents, Dr. Robbie and 
Cindy Johnson, are residents of Ocean Springs, Mississippi, and 
are in attendance today. Where are you? Good to see you.
    Mr. Johnson, please feel free to make full introduction. Of 
course, all of you may do so.
    I'd like to thank our nominees for testifying today, for 
your willingness to serve in these instrumental positions of 
public service, and I now turn to my friend, Senator Cantwell.

               STATEMENT OF HON. MARIA CANTWELL, 
                  U.S. SENATOR FROM WASHINGTON

    Senator Cantwell. Thank you, Mr. Chairman, and thank you 
for holding this hearing to consider the nominees in what are 
three very important positions.
    I'd first like to welcome Dr. Neil Jacobs, who's been 
nominated to run NOAA, as you mentioned, and that is such a key 
part of protecting and growing our maritime economy in the 
Northwest.
    In the state of Washington, our maritime economy supports 
$60 billion in economic activity annually, so thousands of 
shipping, fishing, processing jobs and various other maritime 
sectors are part of the Pacific Northwest. So you can bet that 
issues, like dollars for stock assessments or fish disaster 
funding being allocated properly or efforts to reverse the 
decline in Pacific salmon or the necessity of organic act or 
just making sure we don't have a sharpie gate when it comes to 
something as critical as timely information on tsunami 
warnings.
    So nationally, our oceans are also very important to our 
Great Lakes economy and to other parts of the U.S. In addition 
to supporting our economy, NOAA has been trusted by the public 
as an authoritative source for weather information and most 
critically to watch the warning information from severe weather 
threats.
    Dr. Jacobs, I've been involved in this issue and getting 
better satellite and forecasting data for a long time and happy 
to continue that, including the use of our super computers to 
basically process that information and look forward to working 
with you on that.
    But certainly don't ever want to see storms politicized and 
as I mentioned, when you have the threat of tsunami in the 
Northwest with earthquakes and tsunami warnings, this becomes 
critical information that we follow the science. So I'm 
certainly going to ask you about our efforts in doing that.
    But thank you for your willingness to serve and to continue 
to build on our maritime economy.
    I also want to welcome Mr. Fulton, who has been nominated 
to serve as the Assistant Secretary of Transportation for 
Policy.
    This, too, is a very important position for us in the 
Pacific Northwest. In particular, the position is key to 
policies on autonomous vehicles, implementation of positive 
train control, enacting policies and priorities established by 
Congress through INFRA and Build grants, and the Aviation 
Consumer mandates of 2016 and 2018.
    With freight movement expected to rise 40 percent over the 
next decade and because so much of the Pacific Northwest is 
ports throughput to Asia, this becomes a critical issue for us 
and it's critical because there is a choice. People can go to 
Canada, if they would like, to the infrastructure that's been 
built there and so we need to maintain our competitiveness by 
making freight move and move cost effectively.
    These areas require thoughtful planning and consideration, 
a balanced perspective, prioritizing national significance, and 
the importance of safety. So we'll look forward to talking to 
you about that.
    And finally, I want to welcome Chase Johnson, nominated to 
serve as the Inspector General for the Federal Communications 
Commission. If confirmed, he would be the first Presidential 
appointee to serve as the FCC Inspector General, and the FCC's 
faced a number of challenges.
    The current FCC Inspector General has investigated a number 
of potential instances of improper influence in the FCC action, 
for example, in the FCC's recent broadband decision on foreign 
satellite carriers. To me, we have to make sure that all of 
this works and people are following the process and following 
law.
    I expect you to take seriously your duties to investigate 
the issues involved here and I look forward to making all of 
these with our colleagues' information for our record today.
    So thank you, Mr. Chairman.
    Senator Wicker. Thank you, Senator Cantwell.
    I would also say hello to all of our guests and note for 
those that are standing that there are seats available on the 
front row. If you're willing to come forward, we'd be glad to 
have you, although you're welcome to stand.
    Dr. Jacobs--well, to all three of you, we have your full 
statements, which will be included in the record at this point, 
and you're each recognized to summarize in some 5 minutes.
    Dr. Jacobs, you are recognized.

        STATEMENT OF HON. DR. NEIL JACOBS, NOMINEE TO BE

             UNDER SECRETARY OF COMMERCE FOR OCEANS

             AND ATMOSPHERE, DEPARTMENT OF COMMERCE

    Dr. Jacobs. Thank you, Chairman Wicker, Ranking Member 
Cantwell, and Members of the Committee.
    I'd also like to thank the President and Secretary Ross for 
their trust and confidence in me with this nomination to be 
Under Secretary of Commerce for Oceans and Atmospheres.
    I also want to thank the NOAA career staff who have 
supported me along the way and who are here with me today in 
support of my nomination.
    If I have the honor of being confirmed, I look forward to 
working with all of you on the important work performed by NOAA 
that benefits our country.
    NOAA has the unique mission that spans ocean floor to the 
sun surface. Not only do we conduct cutting edge ocean and 
coastal research but we also provide lifesaving forecasts, 
predictions of environmental phenomena of weather, weather, and 
climate events.
    Our mission impacts Americans every day, and I thank you 
for your continued support of our critical mission.
    Since coming to NOAA over 2 years ago, I have developed a 
deep appreciation for the dedication and professionalism of our 
entire work force. From issuing accurate forecasts for complex 
weather events, managing fish stocks, mapping our coasts, and 
making sure satellites get launched into space, their 
dedication to our mission is unparalleled.
    If confirmed, my primary job as administrator would be to 
support their ability to continue their important work.
    During my time at NOAA, I have witnessed the agency 
accomplish great things. In June 2019, NOAA upgraded its 
weather model, the Global Forecast System. This was truly a 
coordinated effort across multiple line offices. From cutting 
edge science conducted at NOAA's research labs to operational 
checks provided by the National Weather Service, this could not 
have been accomplished without an all-of-NOAA approach.
    This was the most significant upgrade to the dynamic core 
of the GFS since 1980 and will power us to reclaim 
international leadership and numerical weather prediction in 
the years to come.
    Likewise, NOAA is actively working to implement a recently 
codified and funded program, The Earth Prediction Innovation 
Center. EPIC will serve as NOAA's new research-to-operations-
to-research hub that will enable the scientific community to 
access our environmental modeling code.
    NOAA's also making progress on actions to protect our 
oceans and increase America's seafood competitiveness by 
improving aquaculture activities and supporting our Nation's 
fishermen.
    In October 2018, President Trump signed into law The Save 
Our Seas Act to address the eight million tons of plastic 
debris that enter the ocean each year. This Act empowers NOAA 
and partners to declare severe marine debris events and release 
funds to states for clean up.
    NOAA has leveraged partnerships that advance marine 
science, promote new technologies, and explore the unknown 
ocean. In 2019, NOAA awarded $94 million over 5 years for the 
establishment of an ocean exploration cooperative institute 
that will explore unknown undersea areas and develop and deploy 
mobile remotely operated vehicles in both deep and shallow 
waters than previously explored.
    Last November, it was my honor to speak at the official 
designation of the Mallows Bay Potomac River National Marine 
Sanctuary. It's the first national marine sanctuary designated 
in the United States in 20 years. The sanctuary is a great 
example of partnerships between NOAA, state, and local 
governments that provide economic and conservation benefits to 
the local communities.
    Another issue I'm deeply committed to is the need to fully 
implement and strengthen our policy to prevent sexual assault 
and sexual harassment or SASH throughout NOAA's workforce.
    Two weeks ago, I testified before a House committee to talk 
about recent progress we've made but there is still more to do. 
Enhancing our efforts to prevent SASH in the workplace will 
protect the employees and allow them to focus on our scientific 
mission.
    If confirmed, it would be a tremendous honor to help lead 
such a distinguished organization of scientists, engineers, 
forecasters, and uniformed officers. I can assure the Committee 
that I will do my absolute best to ensure this team of 12,000 
professionals has the resources and leadership needed to 
produce transparent, objective, and defendable science.
    Most importantly, I would like to thank my wife Jen who is 
a computational biologist at Duke University for her support 
and understanding while balancing her career with raising our 
two sons, Nicolas and Theodore.
    Mr. Chairman, Ranking Member Cantwell, and Members of the 
Committee, thank you again for the opportunity to be here. I 
would be pleased to answer any questions that you may have.
    [The prepared statement and biographical information of Dr. 
Jacobs follow:]

       Prepared Statement of Hon. Dr. Neil Jacobs, Nominee to be
         Under Secretary of Commerce for Oceans and Atmosphere,
                         Department of Commerce
    Thank you, Chairman Wicker, Ranking Member Cantwell, and Members of 
the Committee. I would also like to thank the President and Secretary 
Ross for their trust and confidence in me with this nomination to be 
the Under Secretary of Commerce for Oceans and Atmosphere. If I have 
the honor of being confirmed, I look forward to working with all of you 
on the important work performed by NOAA that benefits our country.
    Currently I serve as NOAA's Assistant Secretary for Environmental 
Observation and Prediction, and perform the duties of Under Secretary 
of Commerce for Oceans and Atmosphere. I was confirmed as Assistant 
Secretary by the Senate in February 2018.
    NOAA has a unique mission that spans from the bottoms of the ocean 
to the sun. Not only do we conduct cutting edge ocean and coastal 
research that is the best in the Federal government, but we also 
provide lifesaving forecasts and predictions of environmental phenomena 
for weather, water, and climate events. Our mission impacts Americans 
every day. For instance, our timely and accurate weather forecasts 
impact not just the American economy, but also global markets. The 
impact of Congressional investments in our Agency are far reaching. I 
thank you for your continued support of our critical government 
mission.
    Since coming to NOAA over two years ago, I have developed a deep 
appreciation of the dedication and professionalism of our entire 
workforce. They face tough challenges every day. From issuing accurate 
forecasts for complex weather events, managing fish stocks, mapping our 
coasts, and making sure satellites get launched into space, their 
dedication to our mission knows no bounds. If confirmed, my primary job 
as Administrator would be to support their ability to continue their 
important work.
    During my time at NOAA, I have already witnessed the agency 
accomplish great things. In June of 2019, NOAA upgraded its weather 
model, the Global Forecast System (GFS). This truly was a coordinated 
effort across multiple line offices. From cutting edge science 
conducted at NOAA's research labs, to operational checks provided by 
the National Weather Service, this could not have been accomplished 
without an All-of-NOAA approach. This is the first upgrade to our 
dynamic core since 1980, and will power us to reclaim international 
leadership in numerical weather prediction in the years to come.
    Likewise, NOAA is actively working to implement the recently 
codified and funded program, the Earth Prediction Innovation Center 
(EPIC). EPIC will serve as NOAA's new research-to-operations-to-
research hub that will enable the scientific community to access our 
environmental modelling code. NOAA is working hard to set up the 
governance structure to then ingest improvements to our code from the 
scientific community, helping us improve our mission to protect lives 
and property. Initially starting with the Unified Forecast System, EPIC 
will expand to all environmental modelling capabilities at NOAA.
    NOAA is also making progress on actions to protect our oceans, and 
increase America's seafood competitiveness by improving aquaculture 
activities, and supporting our Nation's fishermen. In October 2018, 
President Trump signed into law the ``Save our Seas Act'' to address 
the eight million tons of plastic pollution that enter the ocean each 
year. This Act empowers NOAA and partners to declare severe marine 
debris events, and release funds to states for cleanup.
    Likewise in 2018, NOAA implemented $695 million in cost-saving 
regulations, largely from streamlining commercial and recreational 
fisheries regulations to make them work better for the fishing industry 
and the American people, as part of the government-wide effort to 
reduce unnecessary and ineffective regulatory burdens under Executive 
Order 13771.
    In 2019, NOAA took action to crack down on maritime crime and 
seafood import fraud. NOAA's law enforcement officers conducted an 
investigation into Casey's Seafood company and found that the owner 
purchased foreign crab meat from Asia, repackaged it and sold it as 
``Product of the USA'' crab meat. The owner was sentenced to three 
years and nine months in prison and fined $15,000.
    NOAA has leveraged partnerships that advance marine science, 
promote new technologies and explore the unknown ocean. In 2019, NOAA 
awarded $94 million over five years for the establishment of an Ocean 
Exploration Cooperative Institute that will explore unknown undersea 
areas and develop and deploy mobile remotely-operated vehicles in both 
deeper and shallower waters than previously explored. NOAA and partners 
conducted ocean exploration expeditions that resulted in the discovery 
of expansive and previously unknown coral habitats and discovered 
methane seeps in unexpected spots on the seafloor, which has 
significant implications for pharmaceutical development and energy 
resources.
    It was my honor to attend and speak at the official designation of 
the Mallows Bay-Potomac River National Marine Sanctuary last November. 
It is the first National Marine Sanctuary designated in the United 
States in 20 years. Located a short drive from DC, Mallows Bay includes 
over 100 shipwrecks of national historical significance most of which 
were built for the war effort in Europe during World War I. The 
sanctuary is a great example of a partnership between NOAA, state and 
local governments that provides economic and conservation benefits to 
the local and regional communities.
    Another issue I am deeply committed to is the need to fully 
implement and strengthen our policy to prevent sexual assault and 
sexual harassment (SASH) throughout the NOAA workforce. A couple weeks 
ago I testified before a House committee to talk about recent progress 
we've made on this front. But there is more to do. Enhancing our 
efforts to prevent SASH in the workplace--be it on NOAA ships, on 
commercial fishing vessels, or in NOAA buildings--will protect the work 
of our scientists and managers and thus forward NOAA's scientific 
mission.
    If confirmed, it would be a tremendous honor to help lead such a 
distinguished organization of scientists, engineers, forecasters and 
uniformed officers. I can assure the Committee that I will do my 
absolute best to ensure this team of 12,000 professionals have the 
resources and leadership needed to produce transparent, objective and 
defendable science, so that decisions can be made with confidence.
    Most importantly, I would like to thank my wife Jen, who is a 
computational biologist at Duke University, for her support and 
understanding, while balancing her career with raising our two sons 
Nicolaus and Theodore, ages 5 and 3. Mr. Chairman, Ranking Member 
Cantwell, and Members of the Committee, thank you again for the 
opportunity to be here. I would be pleased to answer any questions you 
may have.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used): Neil Andrew 
Jacobs Jr.
    2. Position to which nominated: Under Secretary of Commerce for 
Oceans and Atmosphere.
    3. Date of Nomination: January 6, 2020.
    4. Address (List current place of residence and office addresses):

        Residence: Information not released to the public.
        Office: 1401 Constitution Ave NW, Washington, DC 20230.

    5. Date and Place of Birth: December 12, 1973; Colorado Springs, 
CO.
    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).

        Jennifer Modliszewski, Ph.D. Duke Center for Genomic and 
        Computational Biology, Duke University

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

        Ph.D. Atmospheric Science (Numerical modeling). 2005, North 
        Carolina State University

        M.S. Atmospheric Science (Air-sea interaction), 2000. North 
        Carolina State University

        B.S. Physics and Math. 1996, University of South Carolina

    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.

        2018-Present, Assistant Secretary of Commerce for Environmental 
        Observation and Prediction, NOAA

        2013-2018. Chief Atmospheric Scientist, Panasonic Avionics 
        Corporation.

        2004-13, Director of Research and Business Development, AirDat, 
        LLC.

    9. Attach a copy of your resume.
    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 ten years.
    I have never had a position in Federal, State. or local government 
other than the one listed above.
    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 ten years.

        American Meteorological Society (AMS) Forecast Improvement 
        Group (Chair 2015-2017)

        Federal Aviation Administration (FAA) Continuous Lower 
        Emissions, Energy, and Noise (CLEEN)

        World Meteorological Organization Expert Team on Aircraft-Based 
        Observing Systems (ET-ABO)

    12. Please list each membership you have had during the past ten 
years or currently hold with any civic, social, charitable, 
educational, political, professional, fraternal, benevolent or 
religiously affiliated organization, private club, or other membership 
organization. (For this question, you do not have to list your 
religious affiliation or membership in a religious house of worship or 
institution.). 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 disability.

        American Meteorological Society; Forecast Improvement Group 
        (Chair 2015-2017; lead, NWP 2012-14)

        World Meteorological Organization; Expert Team on Aircraft-
        Based Observing Systems

        American Geophysical Union

        American Meteorological Society

        Gamma Beta Phi, National Honor Society

        Geological Society of America

        National Forensics League

        Phi Beta Kappa. Honor Society

        Pi Mu Epsilon, National Math Honor Society

        Sigma Pi Sigma, National Physics Honor Society (President: 
        1993-1996, USC Chapter)

        Sigma Xi, Honor Society

        Durham YMCA

        Greensboro Velo Club (Pro Cycling Team)

        Rotary International

        Trout Unlimited

    *None of these restrict membership on the basis of sex, race, 
color, religion, national origin, age, or handicap.
    13. Have you ever been a candidate for and/or held a public office 
(elected, non-elected, or appointed)? If so, indicate whether any 
campaign has any outstanding debt, the amount, and whether you are 
personally liable for that debt. No.
    14. List all memberships and offices held with and services 
rendered to, whether compensated or not, any political party or 
election committee within the past ten years. If you have held a paid 
position or served in a formal or official advisory position (whether 
compensated or not) in a political campaign within the past ten years, 
identify the particulars of the campaign, including the candidate, year 
of the campaign, and your title and responsibilities. None.
    15. Itemize all political contributions to any individual, campaign 
organization, political party, political action committee, or similar 
entity of $500 or more for the past ten years. None.
    16. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements.

        Pi Mu Epsilon, National Math Honor Society

        Sigma Pi Sigma, National Physics Honor Society (President: 
        1993-1996, USC Chapter)

        Gamma Beta Phi. National Honor Society

        National Forensics League Scholarship

        Phi Beta Kappa, Honor Society

        Sigma Xi, Honor Society

    17. Please list each book, article, column, Internet blog posting, 
or other publication you have authored, individually or with others. 
Include a link to each publication when possible. 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.
    Invited lectures at government meteorological centers (prior to 
NOAA):

        NCEP, Camp Springs, MD, PWS global ensemble system, 21 July 
        2016

        UK Met Office, Exeter, UK, PWS global model and data 
        assimilation, 13 July 2016

        ECMWF, Reading, UK, Assimilation of ABOs into a global modeling 
        system, 12 July 2016

        UK Met Office, Exeter, UK, Estimation of TAMDAR Error and 
        Assimilation Experiments, 27 Apr 2012

        ECMWF, Reading, UK, Utility of TAMDAR aircraft observations for 
        NWP, 26 Apr 2012

        NCEP EMC, Camp Springs, MD, Optimization of TAMDAR for NWP. 23 
        Aug 2011

        SMN, Mexico City, Mexico, Operational forecasting with TAMDAR. 
        23 Jun 2011

        ECMWF, Reading, UK, Unique aspects of aircraft data 
        assimilation, 10 Nov 2010
Publications:
        Gao, F., Z. Liu, J. Ma, N. Jacobs, P. Childs, H. Wang, 2019: 
        Variational Bias Correction of TAMDAR Temperature Observations 
        in WRF Data Assimilation System, Mon. Wea. Rev., 147, 1927-
        1945.

        Gao, F., X.-Y. Huang, N. Jacobs. H. Wang. 2018: Assimilation of 
        Wind Speed and Direction Observations: Results from real 
        observation experiments. Tellus A, 67.1.

        Zhang, X., H. Wang, X.-Y. Huang, F. Gao. and N. Jacobs, 2015: 
        Using Adjoint-Based Forecast Sensitivity Method to Evaluate 
        TAMDAR Data Impacts on Regional Forecasts, Advances in 
        Meteorology, Vol. 2015, Article ID 427616, 13 pg. 2015.

        Gao, F., P. P. Childs, X.-Y. Huang, N. A. Jacobs, and J. Z. 
        Min. 2014: A Relocation-based Initialization Scheme to Improve 
        Track-forecasting of Tropical Cyclones. Adv. Atmos. Sci., 
        31(1), 27-36.

        Jacobs, N., D. Mulally, A. Anderson, J. Braid. P. Childs. A. 
        Huffman, E. Wilson, and F. Gao, 2015: Recent Advancements in 
        the TAMDAR Sensor Network Expansion, (IOAS-AOLS), AMS. Phoenix. 
        AZ.

        Jacobs, N., F. Gao, P. Childs, X. Y. Huang, and H. Wang. 2015: 
        Optimization of In-situ Aircraft Observations for Various 
        Assimilation Techniques. (IOAS-AOLS), AMS, Phoenix. AZ.

        Liu, Y., M. Xu, L. Pan. Y. Liu, N. Jacobs. and P. Childs, 2015: 
        Implementation of a CONUS RTFDDA system with radar data 
        assimilation for convection-resolvable analysis and prediction, 
        (IOAS-AOLS), AMS, Phoenix, AZ.

        Jacobs, N. A., D. J. Mulatly, and A. K. Anderson. 2014: 
        Correction of Flux Valve-Based Heading for Improvement of 
        Aircraft Wind Observations. J. Atmos. Oceanic Technol., 31. 
        1733-1747.

        Jacobs, N. A., and J. E. Rex, 2013: Benefits and Utility of 
        Tropospheric Airborne Meteorological Data Reporting, Air 
        Traffic Control Quarterly, January. First Quarter, 2013.

        Huang, X.-Y., F. Gao, N. A. Jacobs, and H. Wang, 2013: 
        Assimilation of wind speed and direction observations: a new 
        formulation and results from idealized experiments. Tellus A, 
        65. 19936.

        Wyszogrodzki, A. A., Y. Liu, N. A. Jacobs. P. Childs. Y. Zhang, 
        G. Roux, and T. T. Warner, 2013: Analysis of the surface 
        temperature and wind forecast bias of the NCAR-AirDat 
        operational CONUS 4km RTFDDA forecasting system, Meteorol. 
        Atmos. Phys., 121, 3-4.

        Jacobs, N. A., P. Childs, M. Croke. A. Huffman, J. Nelson, J. 
        T. Braid, Y. L. Liu. and X. Y. Huang. 2013: An update on the 
        TAMDAR global network expansion. Special Symposium on Advancing 
        Weather and Climate Forecasts: Innovative Techniques and 
        Applications, Austin. TX.

        Nelson, J., J. T. Braid. A. K. Anderson, N. A. Jacobs, P. 
        Childs, M. Croke, and A. Huffman. 2013: Alaska TAMDAR and the 
        RTFDDA WRF QC System, ARAM, AMS. Austin, TX.

        Huffman. A.. P. Childs, M. Croke. N. A. Jacobs, and Y. L. Liu, 
        2013: Verification of the NCAR-AirDat operational RT-FDDA-WRF 
        for the 2011 and 2012 spring convective seasons, IOAS. AMS. 
        Austin, TX.

        Gao. F., N. A. Jacobs, X. Y. Huang, and P. Childs, 2013: Direct 
        assimilation of wind speed and direction for the WRF model, 
        Special Symposium on Advancing Weather and Climate Forecasts: 
        Innovative Techniques and Applications, AMS, Austin. TX.

        Richardson, H., N. A. Jacobs. P. Childs. P. Marinello. and X. 
        Y. Huang. 2013: UAS observations and their impact on NWP during 
        TUFT, ARAM, AMS, Austin, TX.

        Gao, F., P. Childs. X. Y. Huang, and N. A. Jacobs, 2013: A new 
        method for vortex relocation within balanced flow field. NWP. 
        Austin. TX.

        Gao, F., X. Zhang, N. Jacobs, X.-Y. Huang, Xin Zhang, P. 
        Childs. 2012. Estimation of TAMDAR Observational Error and 
        Assimilation Experiments. Wea. Forecasting. 27, 4, 856-877.

        Gao, F., X.-Y. Huang, N. Jacobs. 2012: The Assimilation of Wind 
        Speed and Direction Based on WRFDA 3D-Var System. New Orleans, 
        LA.

        Zhang, Xiaoyan. X.-Y. Huang. T. Auligne, Xin Zhang, F. Gao. N. 
        Jacobs. P. Childs. 2012. Evaluation of TAMDAR Data Impact on 
        Forecast Error with WRFDA-FSO System, AMS, New Orleans, LA.

        Gao, F., Xiaoyan Zhang. X.-Y. Huang, Xin Zhang. N. Jacobs, P. 
        Childs, 2011: Preliminary Results of Directly Assimilating Wind 
        Speed and Direction Based on WRFDA 3D-Var System. 12th WRF 
        Users' Workshop, Boulder, Colorado, 20-24 June 2011.

        Zhang, Y., Y. Liu, N. A. Jacobs. P. Childs. T. Nipen, T. T. 
        Warner. L. D. Monache, G. Roux. A. Wyszogrodzki, W. Y. Y. 
        Cheng, W. Yu. and R.-S. Sheu, 2012: Evaluation of the impact of 
        assimilating the TAMDAR data on WRF-based RTFDDA simulations 
        and the RTFDDA performance on predicting warm-season 
        precipitation over the CONUS. Wea. Forecasting. under revision.

        Liu, Y., T. Warner. S. Swerdlin, T. Betancourt, J. Knievel, 8. 
        Mahoney, J. Pace, D. Rostkier-Edelstein, N. A. Jacobs, P. 
        Childs, and K. Parks, 2011: NCAR ensemble RTFDDA: real-time 
        operational forecasting applications and new data assimilation 
        developments. 24th Conference on Weather and Forecasting (WAF 
        NWP), AMS, Seattle. WA.

        Huffman, A, N. A. Jacobs. M. Croke, P. Childs, X. Y. Huang. and 
        Y. Liu, 2011: Verification and Sensitivity of the NCAR-AirDat 
        Operational Forecasting Systems to TAMDAR Observations. 15th 
        Symposium (IOAS-AOLS), AMS. Seattle, WA.

        Jacobs, N. A., F. Gao. P. Childs, X. Zhang, X. Y. Huang. X. 
        Zhang. M. Croke, and Y. Liu. 2011: Optimization of In-situ 
        Aircraft Observations for Various Assimilation Techniques. 15th 
        Symposium (IOAS-AOLS). AMS, Seattle. WA.

        Jacobs, N. A., M. Croke. P. Childs. Y. Liu, X. Y. Huang, and R. 
        Delong, 2011: The Utility of TAMDAR in the NextGen-Oriented 
        CLEEN Program. Second Aviation, Range and Aerospace Meteorology 
        Special Symposium on Weather-Air Traffic Management Integration 
        (ARAM), AMS, Seattle, WA.

        Croke. M., N. A. Jacobs. D. J. Mulally. A. K. Anderson, J. T. 
        Braid, P. Childs. A. Huffman, Y. Liu, and X. Y. Huang, 2011: 
        Recent Advancements in the TAMDAR Sensor Network Expansion. 
        15th Symposium on Integrated Observing and Assimilation Systems 
        for the Atmosphere. Oceans and Land Surface (IOAS AOLS). AMS, 
        Seattle, WA.

        Jacobs, N. A., P. Childs, M. Croke. Y. Liu, and X. Y. Huang, 
        2010: An Update on the TAMDAR Sensor Network Deployment, (IOAS-
        AOLS). AMS, Atlanta, GA.

        Jacobs, N. A., M. Croke. P. Childs, and Y. Liu. 2010: The 
        Potential Utility of TAMDAR Data in Air Quality Forecasting, 
        (IOAS), Atlanta, GA.

        Childs, P., N. A. Jacobs, M. Croke, Y. Liu, W. Wu, G. Roux. and 
        M. Ge, 2010: An Introduction to the NCAR-AirDat Operational 
        TAMDAR-Enhanced RTFDDA-WRF, (IOAS-AOLS). AMS, Atlanta, GA.

        Croke. M., N. A. Jacobs, P. Childs, Y. Liu. Y. Liu. and R. S. 
        Sheu. 2010: Preliminary Verification of the NCAR-AirDat 
        Operational RTFDDA-WRF System, (IOAS-AOLS), AMS. Atlanta, GA

        Croke, M., N. Jacobs, P. Childs, and Y. Liu, 2009: The Utility 
        of TAMDAR on Short-Range Forecasts over Alaska, (IOAS). AMS, 
        Phoenix. AZ.

        Jacobs, N., P. Childs, M. Croke, Y. Liu. and X. Y. Huang. 2009: 
        The Optimization Between TAMDAR Data Assimilation Methods and 
        Model Configuration in WRF-ARW, (IOAS-AOLS), AMS. Phoeni,x. AZ.

        Childs, P., N. Jacobs. M. Croke, Y. Liu. and X. Y. Huang, 2009: 
        TAMDAR-Related Impacts on the AirDat Operational WRF-ARW as a 
        Function of Data Assimilation Techniques, (IOAS-AOLS). AMS, 
        Phoenix, AZ.

        Jacobs, N., P. Childs, M. Croke, and Y. Liu, 2008: The Effects 
        of Horizontal Grid Spacing and Vertical Resolution on TAMDAR 
        Data assimilation in Short-Range Mesoscale Forecasts, AMS 
        Annual Meeting, 12th Symposium on Integrated Observing and 
        Assimilation Systems for the Atmosphere. Oceans, and Land 
        Surface (IOAS-AOLS).

        Childs. P., N. Jacobs, M. Croke, and Y. Liu, 2008: TAMDAR-
        Related Impacts on the AirDat Operational WRF-ARW, AMS Annual 
        Meeting, 12th Symposium on Integrated Observing and 
        Assimilation Systems for the Atmosphere, Oceans, and Land 
        Surface (IOAS-AOLS).

        Croke, M., N. Jacobs. P. Childs. and Y. Liu, 2008: PenAir-Based 
        TAMDAR-Related Impacts on Short Range Mesoscale Forecasts over 
        Alaska. AMS Annual Meeting, 12th Symposium on Integrated 
        Observing and Assimilation Systems for the Atmosphere, Oceans, 
        and Land Surface.

        Jacobs, N. A., S. Raman, G. M. Lackmann, and P. P. Childs, Jr, 
        2007: The influence of the Gulf Stream induced SST gradients on 
        the U.S. East Coast winter storm of 24-25 January 2000. 
        International Journal of Remote Sensing, 29. 6145-6174.

        Jacobs, N. A., 2007: Potential benefits of tropospheric 
        airborne meteorological data reporting (TAMDAR). Managing the 
        Skies,5, 3, 20-23.

        Liu, Y., T. Wamer. S. Swerdlin, W. Yu. N. Jacobs, and M. 
        Anderson, 2007: Assimilation data from diverse sources for 
        mesoscale NWP: TAMDAR-data impact. Geophysical Research 
        Abstracts, 9, EGU2007-A-03 I09.

        Jacobs, N. A., Y. Liu. and C.-M. Druse. 2007: The effects of 
        vertical resolution on the optimization of TAMDAR data in 
        short-range mesoscale forecasts, AMS Annual Meeting. 11th 
        Symposium on Integrated Observing and Assimilation Systems for 
        the Atmosphere, Oceans, and Land Surface (IOAS-AOLS) 9.3.

        Druse, C.-M., and N. A. Jacobs. 2007: Evaluating the benefits 
        of TAMDAR data in aviation forecasting, AMS Annual Meeting, 
        11th Symposium on Integrated Observing and Assimilation Systems 
        for the Atmosphere, Oceans. and Land Surface (IOAS-AOLS) 9.5.

        Liu, Y., N. A. Jacobs. W. Yu, T. T. Warner, S. P. Swerdlin, and 
        M. Anderson, 2007: An OSSE study of TAMDAR data impact on 
        mesoscale data assimilation and prediction, AMS Annual Meeting. 
        11th Symposium on (IOAS-AOLS) 5.20.

        Jacobs, N. A., 2006: The effects of lower-tropospheric data 
        resolution on short-range mesoscale model forecasts of surface 
        temperatures during the summer season, Doc. and Tech. Note 
        AirDat. LLC, 53 pp.

        Jacobs, N. A., and Y. Liu. 2006: A comprehensive quantitative 
        precipitation forecast statistical verification study, Doc. and 
        Tech. Note AirDat, LLC, 25 pp.

        Jacobs, N. A.. Y. Liu, and C.-M. Druse, 2006: Evaluation of 
        temporal and spatial distribution of TAMDAR data in short-range 
        mesoscale forecasts. AMS Annual Meeting, 10th Symp. lOAS-AOLS.

        Jacobs, N. A.. S. Raman, and G. M. Lackmann, 2006: Sensitivity 
        of East Coast winter storms to sea surface temperature 
        gradients, AMS Annual Meeting. 14th Conf. Sea-Atmos.

        Jacobs, N. A.. G. M. Lackmann and S. Raman 2005: The combined 
        effects of Gulf Stream-induced baroclinicity and upper-level 
        vorticity on U.S. East Coast extratropical cyclogenesis. Mon. 
        Wea. Rev., 133, 2494-2501.

        Jacobs, N. A.. 2004: Porting MM5 to OS X: A guide to mesoscale 
        modeling on a G5, Mac OSX Hints, 15. 97.

        Jacobs, N., 2004: The Role of the Gulf Stream on Extratropical 
        Cyclogenesis, Ph.D. Dissertation, Department of Marine. Earth, 
        and Atmospheric Science, North Carolina State University, 
        Raleigh, NC. 307pp.

        Jacobs, N. A., S. Raman. G. M. Lackmann, and P. P. Childs. Jr, 
        2004: Role oflhe Gulf Stream on extratropical cyclogenesis. AMS 
        Annual Meeting, 20th Conf. WAF/NWP pp. 318-322.

        Raman, S., N. Jacobs. and M. Simpson, 2003: Numerical 
        simulation of land-air-sea interactions during the 
        northeasterly monsoon over Indian Ocean. INDOEX conf. 
        Bangalore, India.

        Jacobs, N. A., 2001: Latent and sensible heat fluxes over the 
        Gulf Stream region during OMP. AGU, Boston, MA. Preprint pp 
        412-4l7.

        Jacobs, N., 2000: Physical Oceanographic Processes and Air-Sea 
        Interactions of extratropical cyclogenesis during the Oceans 
        Margins Program, Thesis, Department of Marine, Earth. and 
        Atmospheric Science, North Carolina Stale University, Raleigh, 
        NC. 178pp.

        Jacobs, N., C. Petrusak, V. Connors, D. DeMaster, T. Hopkins, 
        1998: Earth System Science: Integration of Computer Modeling 
        and Laboratory Studies. 25 conf GSA/ESSE, pp. 127-131.

        Jacobs, N., V. Connors, T. Hopkins, D. DeMaster, B. Sweet, 
        I998: The Evolution of Earth System Science at North Carolina 
        State University. 25 conf GSA/ESSE, pp. 417-421.

        Jacobs, N., 1997: Modeling e-folding time decay of super-cooled 
        semiconductor clocks, Thesis, Department of Physics, University 
        of South Carolina, Columbia, SC. 234pp.

    18. List digital platforms (including social media and other 
digital content sites) on which you currently or have formerly operated 
an account, regardless of whether or not the account was held in your 
name or an alias. Include the name of an ``alias'' or ``handle'' you 
have used on each of the named platforms. Indicate whether the account 
is active, deleted, or dormant. Include a link to each account if 
possible.
    I do not have any social media presence; I'm not even on LinkedIn. 
I have a general aversion to sharing personal information on social 
media. I do have a Zwift account. It's an online application that is 
bluetoothed to my indoor cycling trainer, which allows me to race other 
people online. The account is active, and my handle is N. Jacobs. 
zwift.com
    19. 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.

        Hearing: A Task of EPIC Proportions: Reclaiming U.S. Leadership 
        in Weather Modeling and Prediction (20 November 2019). House of 
        Representatives, Committee on Science, Space, and Technology, 
        Subcommittee on Environment: numerical weather prediction, 
        community weather modeling

        Hearing: The Future of Forecasting: Building a Stronger U.S. 
        Weather Enterprise (16 May 2019). House of Representatives, 
        Committee on Science. Space. and Technology, Subcommittee on 
        the Environment: U.S. weather modeling. and effective 
        collaboration among the weather enterprise

        Hearing: A Review of the NOAA Fiscal Year 2020 Budget Request 
        (30 April 2019). House of Representatives, Committee on 
        Science, Space. and Technology, Subcommittee on the 
        Environment: NOAA FY 2020 Budget Request

        Hearing: Review of the FY 2020 Budget Request for the U.S. 
        Department of Commerce (2 April 2019). United States Senate, 
        Committee on Appropriations, Subcommittee on Commerce, Justice, 
        Science and Related Agencies: FY 2020 Budget Request for the 
        Department of Commerce

        Hearing: The National Oceanic and Atmospheric Administration's 
        Budget Request for Fiscal Year 2020 (27 March 2019). House of 
        Representatives, Committee on Appropriations. Subcommittee on 
        Commerce. Justice, Science, and Related Agencies: NOAA FY 2020 
        Budget Request

        Hearing: Leading the Way: Examining Advances in Environmental 
        Technology (21 June 2017). House of Representatives, Committee 
        on Science, Space, and Technology, Subcommittee on Environment: 
        Tropospheric airborne meteorological data reporting, 
        conventional weather observations. and their impact in 
        numerical models.

        Hearing: Private Sector Weather Forecasting: Assessing Products 
        and Technologies (8 June 2016). House of Representatives. 
        Committee on Science, Space, and Technology, Subcommittee on 
        Environment: The advancing capabilities of numerical weather 
        prediction in the weather enterprise. Public-private-academic 
        partnerships, which for sustainable business models.

    20. Given the current mission, major programs, and major 
operational objectives of the department/agency to which you have been 
nominated, what in your background or employment experience do you 
believe affirmatively qualifies you for appointment to the position for 
which you have been nominated, and why do you wish to serve in that 
position?
    I have gained significant experience and understanding of NOAA's 
operations over the last three years as Assistant Secretary of Commerce 
for Environmental Observation and Prediction. As far as managing a 
large organization like NOAA, I've been performing the duties of Under 
Secretary of Commerce of Oceans and Atmospheres for the past year, 
including multiple budget cycles and spend plans. Because of the unique 
situation of being nominated for the position I have already been 
performing. I have a very detailed understanding of what is involved in 
managing NOAA.
    At Panasonic, I lead a group of private-sector scientists and 
software engineers that developed a global weather model that has skill 
on par/and better than the European Centre for Medium-Range Weather 
Forecasts (ECMWF) that produces the ''Euro'' model. This was 
accomplished on a meager budget that indust1y analysts claimed was 
impossible to even get the program off the ground. Our U.S.-based team 
at Panasonic Weather Solutions (PWS), mostly in North Carolina. proved 
the critics wrong. I have extensive experience with public-private-
academic partnerships for weather model and observing system 
development. As a founding member of the PWS predecessor company 
AirDat, I directed the private side of the National Weather Service's 
very first atmospheric observational data acquisition as a subscription 
service. This is a great example of a successful public-private 
partnership that is still in existence today. I have past experience in 
satellite data and imagery from GOES to Radio Occultation (GPSRO), and 
understand the advantages of commercial weather data to augment our 
current data. This includes processing, quality control. and 
assimilating into forecast models. Having worked alongside NOAA and NWS 
employees and scientists a a scientific collaborator, I have earned 
their trust and respect. Additionally, I have great working 
relationships with key World Meteorological Organization member 
countries and their respective National Meteorological Service 
Directors. I previously served as the Chair of the Forecast Improvement 
Group (FIG) for the American Meteorological Society. FIG members are 
NOAA, university, and private sector atmospheric scientists and 
meteorologists, who share the common interest of improving weather 
forecasting. modeling and prediction for the United States.
    In late 2017, President Trump nominated me to the position of 
Assistance Secretary for Environmental Observation and Prediction. In 
February 2018. I was confirmed by the Senate with bipartisan support 
under Unanimous Consent. Over the last two years at NOAA, I have led 
the agency's effort to support the scientific community through focused 
improvements to its external engagement strategy. This culminated in 
the Earth Prediction Innovation Center, which will bring together the 
scientific expertise from Federal partners, world-class researchers, 
and the private sector. I also understand that to be successful, NOAA 
must embrace new partnerships. In 2019, NOAA entered into new contracts 
under its Big Data Project, allowing the public greater access to NOAA 
data, which in turn will support our mission to protect life and 
property. My experience as Assistant Secretary has given me the tools 
to be successful as the NOAA Administrator, and I look forward to 
continuing to support our hard-working scientists and the mission of 
the agency.
    Lastly, I want to serve my country. Growing up. I wanted to follow 
my father's career by serving in the U.S. Air Force as a fighter pilot, 
but a medical condition prevented me from flying jets. When this 
opportunity presented itself, I thought that working for NOAA is 
another way to serve my country. The best way I can do that is by using 
my skills and expertise to return NOAA's National Weather Service to 
the world's most advanced weather forecasting and modeling agency.
    21. 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?
    My responsibility, as the NOAA Administrator, will be to work 
closely with NOAA line offices, and provide leadership to better manage 
the agency's assets in their service to the American people. As duly 
confirmed by the Senate, and as political appointees, we have an 
obligation to comply with the direction and oversight provided by 
Congress to manage our agency to the best of our abilities and within 
the letter of the law. Over the last three years, I've gained 
significant experience and understanding of NOAA's operations. As far 
as managing a large organization like NOAA, I've been in the acting 
role of NOAA Administrator for the past year. including multiple budget 
cycles and spend plans. Because of the unique situation of being 
nominated for the position I have already been performing, I have a 
very detailed understanding of what is involved in managing NOAA.
    Panasonic Avionics Corporation, a division of Panasonic North 
America, provides avionics, engineering services, meteorological data 
and other technical services to numerous leading air carriers operating 
in dozens of countries and National Meteorological Service agencies 
across the world. As their Chief Atmospheric Scientist, the team I 
managed had business relationships across the world that handled 
complex transactions and weather-related industry challenges. Being an 
executive for a large entity requires the proper balancing and 
management of multiple agendas and budgets, working with many teams 
with different and sometimes opposing strategies. and always working 
closely with corporate counsel when their expert guidance would be 
required. The private sector works towards the bottom line; in 
government, the bottom line is serving the American people.
    22. What do you believe to be the top three challenges facing the 
department/agency, and why?

  (1)  Weather Forecasting and Modeling--Return NOAA NWS to the world's 
        leader in global weather forecast modeling capability. The 
        United States led the world in weather forecasting and modeling 
        for decades, but has not kept pace with overseas competition, 
        and is struggling to maintain the status of third most accurate 
        global weather model among Na1ional Meteorological Services. As 
        a matter of national pride. we will restore American technical 
        superiority for this vital service for the country and our 
        military serving around the world. As part of this effort, 
        implementing a community-based earth-system modeling program is 
        crucial. This will require adoption of cloud-based 
        computational resources. While this is technically simple, it 
        will require a significant culture shift in the workforce. Over 
        the last two years, I've seen a drastic change in the agency 
        with a growing proactive effort to migrate to t11e cloud, but 
        change management will always be a challenge.

  (2)  Increase Observational and Predictive Resource Capabilities--For 
        example. in Hurricane Harvey, NWS did a great job, but data 
        gaps still exist. One area for improvement is to increase our 
        knowledge to better manage QPE, which stands for Quantitative 
        Precipitation Estimation. It is a method of approximating the 
        amount of precipitation that has fallen at a location or across 
        a region, and is critical for everything ranging from water 
        resource management to flash flood prediction. QPE maps are 
        compiled using several different data sources including radar 
        estimates. manual and automatic field observations, and 
        satellite data. Scientists at NWS-NCEP and OAR would agree that 
        this process must be improved. We also need to examine where 
        costs savings might be realized within existing budgets, and to 
        discuss with Congress tradeoffs that can improve operational 
        efficiencies thereby enabling NOAA to better serve the American 
        people.

  (3)  Reduce Seafood Supply Deficit--The U.S. has an estimated $15 
        billion trade imbalance in seafood, much of it due to the 
        importation of aquaculture seafood and lack of domestic 
        aquaculture production. The U.S. imported roughly $21 billion 
        in seafood--nearly half of which is produced via aquaculture 
        and 30 percent is shrimp (farmed and wild-caught). To achieve 
        changes to the deficit, NOAA should consider increasing wild-
        caught production, increasing aquaculture, and reducing imports 
        from nations with weak environmental protections.

  (4)  Asset management--NOAA maintains hundreds of facilities across 
        the Nation, operates some of the largest observing networks in 
        the world, and flies some of the most cutting-edge satellites 
        in space. Over time, these assets will need to be replenished 
        and recapitalized to continue providing Americans with the 
        level of service they have come to rely on. These assets will 
        continue to require careful planning, management, and oversight 
        to ensure NOAA continues to meet its mission.
                   b. potential conflicts of interest
    1. Describe all financial arrangements, deferred compensation 
agreements, and other continuing dealings with business associates, 
clients, or customers. Please include information related to retirement 
accounts.
    I have no financial arrangements, deterred compensation agreements, 
or other conlinuing dealings with business associates, clients, or 
customers. I do have an IRA and 401k.
    2. Do you have any commitments or agreements, formal or informal, 
to maintain employment, affiliation, or practice with any business, 
association or other organization during your appointment? If so, 
please explain. No.
    3. Indicate any investments, obligations, liabilities, or other 
relationships which could involve potential conflicts of interest in 
the position to which you have been nominated. Explain how you will 
resolve each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and Department of Commerce agency 
ethics officials to identify any potential conflicts of interest. Any 
potential conflic1s of interest will be resolved in accordance with the 
terms of my ethics agreement. I understand that my ethics agreement has 
been provided to the Committee. I am not aware of any potential 
conflict of interest other than those that are the subject of my ethics 
agreement.
    4. Describe any business relationship, dealing, or financial 
transaction which you have had during the last ten 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. Explain how you will resolve 
each potential conflict of interest. None.
    5. Identify any other potential conflicts of interest, and explain 
how you will resolve each potential conflict of interest.
    Any potential conflicts of interest will be resolved in accordance 
with the terms of my ethics agreement. I understand that my ethics 
agreement has been provided to the Committee.
    6. Describe any activity during the past ten years, including the 
names of clients represented, 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.
    Six years ago, Panasonic Avionics Corporation contracted with a DC-
based lobbyist to represent their interest in the successful passage of 
HR 2413, 1561 and finally 353, The Weather Research and Forecast 
Innovation Act of 2017. Congress passed HR 353 and President Trump 
signed the bill in April creating Public Law 115-25.
                            c. legal matters
    1. Have you ever been disciplined or cited for a breach of ethics, 
professional misconduct, or retaliation by, or been the subject of a 
complaint to, any court, administrative agency, the Office of Special 
Counsel, professional association, disciplinary committee, or other 
professional group? If yes:
  a.  Provide the name of agency, association, committee, or group;

  b.  Provide the date the citation, disciplinary action, complaint, or 
        personnel action was issued or initiated;

  c.  Describe the citation, disciplinary action, complaint, or 
        personnel action;

  d.  Provide the results of the citation, disciplinary action, 
        complaint, or personnel action.
    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 or nonprofit of which you are or were 
an officer ever been involved as a party in an administrative agency 
proceeding, criminal 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, and that 
your department/agency endeavors to timely comply with requests for 
information from individual Members of Congress, including requests 
from members in the minority? 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.
                                 ______
                                 
                         NEIL ANDREW JACOBS JR.
                            CURRICULUM VITAE
U.S. Department of Commerce
National Oceanic & Atmospheric Administration
1401 Constitution Ave. NW
Washington, DC 20230
AREAS OF EXPERTISE:
Mesoscale and microscale dynamics, numerical weather prediction, 
variational and ensemble-based data assimilation methods, atmospheric 
transport, and mesoscale modeling. Mid-latitude convective systems, 
fronts, and small-scale convection-induced flows such as the sea breeze 
and urban heat island circulations. Surface flux relations and boundary 
layer dynamics as a function of enhanced thermal gradient grid 
resolution. Regional climate fluctuations as a result of western 
boundary current variability. Forecasting of tropical and extratropical 
long period ocean swell generation. Satellite, aircraft and UAS-based 
observing systems, weather-related flight route optimization, avionics, 
and aviation forecasting. Environmental economic policy, public-private 
partnerships, and business innovation and strategy.
EDUCATION:
Ph.D. in Atmospheric Science (Numerical Weather Prediction), May 2005, 
North Carolina State University
        Thesis: The Role of Marine Thermal Gradient Structure on Gulf 
        Stream-Related Extratropical Cyclogenesis. (Thesis Advisors: 
        Dr. Sethu Raman and Dr. Gary M. Lackmann; Committee Members: 
        Dr. Ping-Tung Shaw, Kermit K. Keeter, and Dr. Kiran Alapaty).

M.S. in Air-Sea Interaction, May 2000, North Carolina State University
        Thesis: Physical Oceanographic Processes and Air-Sea 
        Interactions Associated with Extratropical Cyclogenesis During 
        the Ocean Margins Program. (Thesis Advisor: Dr. Leonard J. 
        Pietrafesa; Committee: Dr. Lian Xie, Dr. Sethu Raman, and Dr. 
        John M. Morrison).

B.S. in Physics, May 1996, University of South Carolina*
B.S. in Mathematics, May 1996, University of South Carolina
        Minor in Economics, Cognate in Computer Science, Cognate in 
        Marine Science
        Graduated magna cum laude
EMPLOYMENT:
2018-present, Assistant Secretary of Commerce for Environmental 
Observation and Prediction performing the duties of Under Secretary of 
Commerce for Oceans and Atmosphere, NOAA (11,400 FTEs).

2013-18, Chief Atmospheric Scientist, Panasonic Avionics Corporation 
(5000 employees). Oversee the development and deployment of weather-
related data and products. Oversee the development of global forecast 
products and advanced high-resolution data assimilation to enable 
better decision-making by industry, commercial aviation, and 
international and domestic governmental agencies.

2004-13, Director of Research and Business Development, AirDat, LLC (80 
employees). Analysis of the impact of TAMDAR data on numerical models 
such as GFS, WRF, RUC, and RT-FDDA. Development of methods to optimize 
real-time 4D-Var data assimilation. Oversee the development of new 
TAMDAR-based products and high-resolution forecasts.

1998, Co-Developer, Computer modules for NASA's Earth System Science 
Program (ESSE), NASA Goddard.

1997, Programmer and GOES Satellite imagery processor, Langley, VA.

1995-97, Baikal Research Group, modeling the physical properties of 
Lake Baikal, Russia.

1995-97, Physical Limnology of Winyah Bay: Analysis and modeling of 
waves, salinity, temperature, and current. U. of South Carolina.

1993-97, Programmer, Oak Ridge National Lab, Nuclear Physics Branch, 
TN. Joint with College of Charleston and U. of South Carolina.
RESEARCH EXPERIENCE:
2005-2018, (Panasonic/AirDat/NCAR/NASA/NOAA-GSD, UKMO): Global model 
development (FV3-GFS). Analysis of the impact of TAMDAR data on 
numerical models such as WRF, RAP, RT-FDDA, GFS, UK Met Unified, ECMWF. 
Development of methods to optimize 4D-Var and EnKF assimilation. 
Development and testing of advanced flight optimization algorithms for 
safety and fuel efficiency.

2000-06, (State Climate Office (SCO) of North Carolina/NWS-RDU): 
Research involved atmospheric modeling (WRF) of surface temperature 
grid resolution to account for frontogenesis and sensible heat fluxes 
into the atmosphere over the southeast U.S. and coastal waters.

1997-2003, Research Scientist, SCONC, Physical oceanography, mesoscale 
air-sea interaction and near-shore modeling (MM5/WRF).
COMPUTER SKILLS:
Programming Languages: Fortran, C, C++, C#, Perl, R, Python, Java, ksh, 
and IDL.

Computing Environments: HPC, Linux, UNIX, IBM-AIX, Mac, MPI, Slurm, 
Windows, Open/FreeBSD, Darwin.

Software/Models including: GFS, GSI, MPAS, FV3, WRFDA, WW3, POM, HYCOM, 
GrADS, NCL, IDV, ArcGIS, MATLAB, ecFlow.
COURSES TAUGHT:
2007-09, (NCSU): Atmospheric Thermodynamics (MEA 312)
2005-07, (Meredith): Meteorology (GEO 942)
2002-04, (Meredith): Earth Science and Lab (GEO 200, 240L)
2003-04, (Meredith): Introduction to GIS (GEO 943)
2000-01, (NCSU): Meteorology I, II (MEA 213, 214)
1998-99, (NCSU): Oceanography and Lab (MEA 200, 210L)
1997-99, (NCSU): Earth System Science (MEA 100)
1993-97, (USC): Calculus and non-calculus-based physics (PHYS 101, 102, 
211, 212)
1993-97, (USC): Calculus and non-calculus-based physics labs (PHYS 
101L-212L)
PROFESSIONAL ORGANIZATIONS:
American Geophysical Union
American Meteorological Society
Gamma Beta Phi, National Honor Society
Geological Society of America
National Forensics League
Phi Beta Kappa, Honor Society
Pi Mu Epsilon, National Math Honor Society
Sigma Pi Sigma, National Physics Honor Society (President: 1993-1996, 
USC Chapter)
Sigma Xi
COMMITTEES:
American Meteorological Society (AMS) Forecast Improvement Group (Chair 
2015-2018; Lead, Modeling 2012-14)
Federal Aviation Administration (FAA) Continuous Lower Emissions, 
Energy, and Noise (CLEEN)
World Meteorological Organization (WMO) Expert Team on Aircraft-Based 
Observing Systems (ET-ABO)
INVITED CENTER LECTURES (prior to NOAA):
NCEP, Camp Springs, MD (hosts: Drs. Vijay Tallapragada and Bill 
Lapenta), PWS global ensemble system, 21 July 2016
UK Met Office, Exeter, UK (host: Dr. Dale Barker), PWS global model and 
data assimilation, 13 July 2016
ECMWF, Reading, UK (host: Dr. Anna Ghelli), Assimilation of ABOs into a 
global modeling system, 12 July 2016
UK Met Office, Exeter, UK (host: Dr. Dale Barker), Estimation of TAMDAR 
Error and Assimilation Experiments, 27 Apr 2012
ECMWF, Reading, UK (host: Dr. Erik Andersson), Utility of TAMDAR 
aircraft observations for NWP, 26 Apr 2012
NCEP EMC, Camp Springs, MD (host: Dr. Stephen Lord), Optimization of 
TAMDAR for NWP, 23 Aug 2011
SMN, Mexico City, Mexico (host: Dr. Felipe Adrian Vazquez), Operational 
forecasting with TAMDAR, 23 Jun 2011
ECMWF, Reading, UK (hosts: Drs. Erland Kallen and Erik Andersson), 
Unique aspects of aircraft data assimilation, 10 Nov 2010
CONGRESSIONAL TESTIMONY:
Hearing: A Task of EPIC Proportions: Reclaiming U.S. Leadership in 
Weather Modeling and Prediction (20 November 2019)
        House of Representatives, Committee on Science, Space, and 
        Technology, Subcommittee on Environment

Hearing: The Future of Forecasting: Building a Stronger U.S. Weather 
Enterprise (16 May 2019)
        House of Representatives, Committee on Science, Space, and 
        Technology, Subcommittee on the Environment

Hearing: A Review of the NOAA Fiscal Year 2020 Budget Request (30 April 
2019)
        House of Representatives, Committee on Science, Space, and 
        Technology, Subcommittee on the Environment

Hearing: Review of the FY2020 Budget Request for the U.S. Department of 
Commerce (2 April 2019)
        United States Senate, Committee on Appropriations, Subcommittee 
        on Commerce, Justice, Science and Related Agencies

Hearing: The National Oceanic and Atmospheric Administration's Budget 
Request for Fiscal Year 2020 (27 March 2019)
        House of Representatives, Committee on Appropriations, 
        Subcommittee on Commerce, Justice, Science, and Related 
        Agencies

Hearing: Understanding the Changing Climate System and the Role of 
Climate Research (26 February 2019)
        House of Representatives, Committee on Appropriations, 
        Subcommittee on Commerce, Justice, Science, and Related 
        Agencies

Hearing: Surveying the Space Weather Landscape (26 April 2018)
        House of Representatives, Committee on Science, Space, and 
        Technology, Subcommittee on Space

Hearing: Leading the Way: Examining Advances in Environmental 
Technology (21 June 2017)
        House of Representatives, Committee on Science, Space, and 
        Technology, Subcommittee on Environment

Hearing: Private Sector Weather Forecasting: Assessing Products and 
Technologies (8 June 2016)
        House of Representatives, Committee on Science, Space, and 
        Technology. Subcommittee on Environment

Many additional statements co-prepared and reviewed for Hearing 
witnesses
SELECT PUBLICATIONS:
        Gao, F., Z. Liu, J. Ma, N. Jacobs, P. Childs, H. Wang, 2019: 
        Variational Bias Correction of TAMDAR Temperature Observations 
        in WRF Data Assimilation System, Mon. Wea. Rev., 147, 1927-
        1945.

        Gao, F., X.-Y. Huang, N. Jacobs, H. Wang, 2018: Assimilation of 
        Wind Speed and Direction Observations: Results from real 
        observation experiments. Tellus A, 67,1.

        Zhang, X., H. Wang, X.-Y. Huang, F. Gao, and N. Jacobs, 2015: 
        Using Adjoint-Based Forecast Sensitivity Method to Evaluate 
        TAMDAR Data Impacts on Regional Forecasts, Advances in 
        Meteorology, Vol. 2015, Article ID 427616, 13 pg, 2015.

        Gao, F., P. P. Childs, X.-Y. Huang, N. A. Jacobs, and J. Z. 
        Min, 2014: A Relocation-based Initialization Scheme to Improve 
        Track-forecasting of Tropical Cyclones. Adv. Atmos. Sci., 
        31(1), 27-36.

        Jacobs, N., D. Mulally, A. Anderson, J. Braid, P. Childs, A. 
        Huffman, E. Wilson, and F. Gao, 2015: Recent Advancements in 
        the TAMDAR Sensor Network Expansion, (IOAS-AOLS), AMS, Phoenix, 
        AZ.

        Jacobs, N.., F. Gao, P. Childs, X. Y. Huang, and H. Wang, 2015: 
        Optimization of In-situ Aircraft Observations for Various 
        Assimilation Techniques, (IOAS-AOLS), AMS, Phoenix, AZ.

        Liu, Y., M. Xu, L. Pan, Y. Liu, N. Jacobs, and P. Childs, 2015: 
        Implementation of a CONUS RTFDDA system with radar data 
        assimilation for convection-resolvable analysis and prediction, 
        (IOAS-AOLS), AMS, Phoenix, AZ.

        Jacobs, N. A., D. J. Mulally, and A. K. Anderson, 2014: 
        Correction of Flux Valve-Based Heading for Improvement of 
        Aircraft Wind Observations. J. Atmos. Oceanic Technol., 31, 
        1733-1747.

        Jacobs, N. A., and J. E. Rex, 2013: Benefits and Utility of 
        Tropospheric Airborne Meteorological Data Reporting, Air 
        Traffic Control Quarterly, January, First Quarter, 2013.

        Huang, X.-Y., F. Gao, N. A. Jacobs, and H. Wang, 2013: 
        Assimilation of wind speed and direction observations: a new 
        formulation and results from idealized experiments. Tellus A, 
        65, 19936.

        Wyszogrodzki, A. A., Y. Liu, N. A. Jacobs, P. Childs, Y. Zhang, 
        G. Roux, and T. T. Warner, 2013: Analysis of the surface 
        temperature and wind forecast bias of the NCAR-AirDat 
        operational CONUS 4km RTFDDA forecasting system, Meteorol. 
        Atmos. Phys., 121, 3-4.

        Jacobs, N. A., P. Childs, M. Croke, A. Huffman, J. Nelson, J. 
        T. Braid, Y. L. Liu, and X. Y. Huang, 2013: An update on the 
        TAMDAR global network expansion, Special Symposium on Advancing 
        Weather and Climate Forecasts: Innovative Techniques and 
        Applications, Austin, TX.

        Nelson, J., J. T. Braid, A. K. Anderson, N. A. Jacobs, P. 
        Childs, M. Croke, and A. Huffman, 2013: Alaska TAMDAR and the 
        RTFDDA WRF QC System, ARAM, AMS, Austin, TX.

        Huffman, A., P. Childs, M. Croke, N. A. Jacobs, and Y. L. Liu, 
        2013: Verification of the NCAR-AirDat operational RT-FDDA-WRF 
        for the 2011 and 2012 spring convective seasons, IOAS, AMS, 
        Austin, TX.

        Gao, F., N. A. Jacobs, X. Y. Huang, and P. Childs, 2013: Direct 
        assimilation of wind speed and direction for the WRF model, 
        Special Symposium on Advancing Weather and Climate Forecasts: 
        Innovative Techniques and Applications, AMS, Austin, TX.

        Richardson, H., N. A. Jacobs, P. Childs, P. Marinello, and X. 
        Y. Huang, 2013: UAS observations and their impact on NWP during 
        TUFT, ARAM, AMS, Austin, TX.

        Gao, F., P. Childs, X. Y. Huang, and N. A. Jacobs, 2013: A new 
        method for vortex relocation within balanced flow field, NWP, 
        Austin, TX.

        Gao, F., X. Zhang, N. Jacobs, X.-Y. Huang, Xin Zhang, P. 
        Childs, 2012. Estimation of TAMDAR Observational Error and 
        Assimilation Experiments. Wea. Forecasting, 27, 4, 856-877.

        Gao, F., X.-Y. Huang, N. Jacobs, 2012: The Assimilation of Wind 
        Speed and Direction Based on WRFDA 3D-Var System, New Orleans, 
        LA.

        Zhang, Xiaoyan, X.-Y. Huang, T. Auligne, Xin Zhang, F. Gao, N. 
        Jacobs, P. Childs. 2012. Evaluation of TAMDAR Data Impact on 
        Forecast Error with WRFDA-FSO System, AMS, New Orleans, LA.

        Gao, F., Xiaoyan Zhang, X.-Y. Huang, Xin Zhang, N. Jacobs, P. 
        Childs, 2011: Preliminary Results of Directly Assimilating Wind 
        Speed and Direction Based on WRFDA 3D-Var System. 12th WRF 
        Users' Workshop, Boulder, Colorado, 20-24 June 2011.

        Zhang, Y. Y. Liu, N. A. Jacobs, P. Childs, T. Nipen, T. T. 
        Warner, L. D. Monache, G. Roux, A. Wyszogrodzki, W. Y. Y. 
        Cheng, W. Yu, and R.-S. Sheu, 2012: Evaluation of the impact of 
        assimilating the TAMDAR data on WRF-based RTFDDA simulations 
        and the RTFDDA performance on predicting warm-season 
        precipitation over the CONUS, Wea. Forecasting, under revision.

        Liu, Y., T. Warner, S. Swerdlin, T. Betancourt, J. Knievel, B. 
        Mahoney, J. Pace, D. Rostkier-Edelstein, N. A. Jacobs, P. 
        Childs, and K. Parks, 2011: NCAR ensemble RTFDDA: real-time 
        operational forecasting applications and new data assimilation 
        developments. 24th Conference on Weather and Forecasting (WAF-
        NWP), AMS, Seattle, WA.

        Huffman, A., N. A. Jacobs, M. Croke, P. Childs, X. Y. Huang, 
        and Y. Liu, 2011: Verification and Sensitivity of the NCAR-
        AirDat Operational Forecasting Systems to TAMDAR Observations. 
        15th Symposium (IOAS-AOLS), AMS, Seattle, WA.

        Jacobs, N. A., F. Gao, P. Childs, X. Zhang, X. Y. Huang, X. 
        Zhang, M. Croke, and Y. Liu, 2011: Optimization of In-situ 
        Aircraft Observations for Various Assimilation Techniques. 15th 
        Symposium (IOAS-AOLS), AMS, Seattle, WA.

        Jacobs, N. A., M. Croke, P. Childs, Y. Liu, X. Y. Huang, and R. 
        DeJong, 2011: The Utility of TAMDAR in the NextGen-Oriented 
        CLEEN Program. Second Aviation, Range and Aerospace Meteorology 
        Special Symposium on Weather-Air Traffic Management Integration 
        (ARAM), AMS, Seattle, WA.

        Croke, M., N. A. Jacobs, D. J. Mulally, A. K. Anderson, J. T. 
        Braid, P. Childs, A. Huffman, Y. Liu, and X. Y. Huang, 2011: 
        Recent Advancements in the TAMDAR Sensor Network Expansion. 
        15th Symposium on Integrated Observing and Assimilation Systems 
        for the Atmosphere, Oceans and Land Surface (IOAS-AOLS), AMS, 
        Seattle, WA.

        Jacobs, N. A., P. Childs, M. Croke, Y. Liu, and X. Y. Huang, 
        2010: An Update on the TAMDAR Sensor Network Deployment, (IOAS-
        AOLS), AMS, Atlanta, GA.

        Jacobs, N. A., M. Croke, P. Childs, and Y. Liu, 2010: The 
        Potential Utility of TAMDAR Data in Air Quality Forecasting, 
        (IOAS), Atlanta, GA.

        Childs, P., N. A. Jacobs, M. Croke, Y. Liu, W. Wu, G. Roux, and 
        M. Ge, 2010: An Introduction to the NCAR-AirDat Operational 
        TAMDAR-Enhanced RTFDDA-WRF, (IOAS-AOLS), AMS, Atlanta, GA.

        Croke, M., N. A. Jacobs, P. Childs, Y. Liu, Y. Liu, and R. S. 
        Sheu, 2010: Preliminary Verification of the NCAR-AirDat 
        Operational RTFDDA-WRF System, (IOAS-AOLS), AMS, Atlanta, GA.

        Croke, M., N. Jacobs, P. Childs, and Y. Liu, 2009: The Utility 
        of TAMDAR on Short-Range Forecasts over Alaska, (IOAS), AMS, 
        Phoenix, AZ.

        Jacobs, N., P. Childs, M. Croke, Y. Liu, and X. Y. Huang, 2009: 
        The Optimization Between TAMDAR Data Assimilation Methods and 
        Model Configuration in WRF-ARW, (IOAS-AOLS), AMS, Phoenix, AZ.

        Childs, P., N. Jacobs, M. Croke, Y. Liu, and X. Y. Huang, 2009: 
        TAMDAR-Related Impacts on the AirDat Operational WRF-ARW as a 
        Function of Data Assimilation Techniques, (IOAS-AOLS), AMS, 
        Phoenix, AZ.

        Jacobs, N., P. Childs, M. Croke, and Y. Liu, 2008: The Effects 
        of Horizontal Grid Spacing and Vertical Resolution on TAMDAR 
        Data assimilation in Short-Range Mesoscale Forecasts, AMS 
        Annual Meeting, 12th Symposium on Integrated Observing and 
        Assimilation Systems for the Atmosphere, Oceans, and Land 
        Surface (IOAS-AOLS).

        Childs, P., N. Jacobs, M. Croke, and Y. Liu, 2008: TAMDAR-
        Related Impacts on the AirDat Operational WRF-ARW, AMS Annual 
        Meeting, 12th Symposium on Integrated Observing and 
        Assimilation Systems for the Atmosphere, Oceans, and Land 
        Surface (IOAS-AOLS).

        Croke, M., N. Jacobs, P. Childs, and Y. Liu, 2008: PenAir-Based 
        TAMDAR-Related Impacts on Short-Range Mesoscale Forecasts over 
        Alaska, AMS Annual Meeting, 12th Symposium on Integrated 
        Observing and Assimilation Systems for the Atmosphere, Oceans, 
        and Land Surface.

        Jacobs, N. A., S. Raman, G. M. Lackmann, and P. P. Childs, Jr, 
        2007: The influence of the Gulf Stream induced SST gradients on 
        the U.S. East Coast winter storm of 24-25 January 2000. 
        International Journal of Remote Sensing, 29, 6145-6174.

        Jacobs, N. A., 2007: Potential benefits of tropospheric 
        airborne meteorological data reporting (TAMDAR). Managing the 
        Skies, 5, 3, 20-23.

        Liu, Y., T. Warner, S. Swerdlin, W. Yu, N. Jacobs, and M. 
        Anderson, 2007: Assimilation data from diverse sources for 
        mesoscale NWP: TAMDAR-data impact. Geophysical Research 
        Abstracts, 9, EGU2007-A-03109.

        Jacobs, N. A., Y. Liu, and C.-M. Druse, 2007: The effects of 
        vertical resolution on the optimization of TAMDAR data in 
        short-range mesoscale forecasts, AMS Annual Meeting, 11th 
        Symposium on Integrated Observing and Assimilation Systems for 
        the Atmosphere, Oceans, and Land Surface (IOAS-AOLS) 9.3.

        Druse, C.-M., and N. A. Jacobs, 2007: Evaluating the benefits 
        of TAMDAR data in aviation forecasting, AMS Annual Meeting, 
        11th Symposium on Integrated Observing and Assimilation Systems 
        for the Atmosphere, Oceans, and Land Surface (IOAS-AOLS) 9.5.

        Liu, Y., N. A. Jacobs, W. Yu, T. T. Warner, S. P. Swerdlin, and 
        M. Anderson, 2007: An OSSE study of TAMDAR data impact on 
        mesoscale data assimilation and prediction, AMS Annual Meeting, 
        11th Symposium on (IOAS-AOLS) 5.20.

        Jacobs, N. A., 2006: The effects of lower-tropospheric data 
        resolution on short-range mesoscale model forecasts of surface 
        temperatures during the summer season, Doc. and Tech. Note 
        AirDat, LLC, 53 pp.

        Jacobs, N. A., and Y. Liu, 2006: A comprehensive quantitative 
        precipitation forecast statistical verification study, Doc. and 
        Tech. AirDat 25 pp.

        Jacobs, N. A., Y. Liu, and C.-M. Druse, 2006: Evaluation of 
        temporal and spatial distribution of TAMDAR data in short-range 
        mesoscale forecasts, AMS Annual Meeting, 10th Symp. IOAS-AOLS.

        Jacobs, N. A., S. Raman, and G. M. Lackmann, 2006: Sensitivity 
        of East Coast winter storms to sea surface temperature 
        gradients, AMS Annual Meeting, 14th Conf. Sea-Atmos.

        Jacobs, N. A., G. M. Lackmann and S. Raman 2005: The combined 
        effects of Gulf Stream-induced baroclinicity and upper-level 
        vorticity on U.S. East Coast extratropical cyclogenesis. Mon. 
        Wea. Rev., 133, 2494-2501.

        Jacobs, N. A., 2004: Porting MM5 to OS X: A guide to mesoscale 
        modeling on a G5, Mac OSX Hints, 15, 97.

        Jacobs, N., 2004: The Role of the Gulf Stream on Extratropical 
        Cyclogenesis, Ph.D. Dissertation, Department of Marine, Earth, 
        and Atmospheric Science, North Carolina State University, 
        Raleigh, NC. 307pp.

        Jacobs, N. A., S. Raman, G. M. Lackmann, and P. P. Childs, Jr, 
        2004: Role of the Gulf Stream on extratropical cyclogenesis, 
        AMS Annual Meeting, 20th Conf. WAF/NWP pp. 318-322.

        Raman, S., N. Jacobs, and M. Simpson, 2003: Numerical 
        simulation of land-air-sea interactions during the 
        northeasterly monsoon over Indian Ocean. INDOEX conf. 
        Bangalore, India.

        Jacobs, N. A., 2001: Latent and sensible heat fluxes over the 
        Gulf Stream region during OMP. AGU, Boston, MA. Preprint pp 
        412-417.

        Jacobs, N., 2000: Physical Oceanographic Processes and Air-Sea 
        Interactions of extratropical cyclogenesis during the Oceans 
        Margins Program, Thesis, Department of Marine, Earth, and 
        Atmospheric Science, North Carolina State University, Raleigh, 
        NC. 178pp.

        Jacobs, N., C. Petrusak, V. Connors, D. DeMaster, T. Hopkins, 
        1998: Earth System Science: Integration of Computer Modeling 
        and Laboratory Studies. 25 conf GSA/ESSE, pp. 127-131.

        Jacobs, N., V. Connors, T. Hopkins, D. DeMaster, B. Sweet, 
        1998: The Evolution of Earth System Science at North Carolina 
        State University. 25 conf GSA/ESSE, pp. 417-421.

        Jacobs, N., 1997: Modeling e-folding time decay of super-cooled 
        semiconductor clocks, Thesis, Department of Physics, University 
        of South Carolina, Columbia, SC. 234pp.

* Recipient of USC undergraduate debate scholarship (1992-96); 3 
National Championships
1996-2017, Collegiate policy (cx) debate programs (coaching, brief-
writing, strategy), Baylor, Stanford, Dartmouth, and USC.

Commercial Driver License NC: Class B (GVWR 26,001 lbs or more)

REFERENCES available upon request

    Senator Wicker. Thank you very much.
    Mr. Fulton.

                   STATEMENT OF FINCH FULTON,

          NOMINEE FOR ASSISTANT SECRETARY FOR POLICY,

               U.S. DEPARTMENT OF TRANSPORTATION

    Mr. Fulton. Thank you, Chairman Wicker, Ranking Member 
Cantwell, and Members of the Committee.
    I'm proud to be here today as the nominee for Assistant 
Secretary of Policy for the United States Department of 
Transportation. I'm also proud to be joined today by my wife 
Carrie West Fulton.
    I believe my background makes me uniquely qualified for 
this role. I have been involved in transportation issues my 
entire life. Growing up, my family owned a small trucking, 
logistics, and warehousing business. Every summer, I worked in 
these warehouses and learned the importance of strong 
logistical centers for freight, the health of our economy, and 
for our country's competitiveness.
    After graduating from the University of Alabama, I moved to 
Washington, D.C., where I served as a staffer in both the House 
of Representatives and in the Senate. While working in the 
Senate, I took night and weekend classes to earn an MBA from 
Johns Hopkins University.
    In these roles, I learned to be an advocate for 
constituents baffled by the complexity of Washington, D.C., 
helping individuals work through complicated bureaucracies to 
achieve results, similar to the ROUTES Initiative.
    After receiving my MBA and leaving the Senate, I moved to 
Dallas, Texas, where I worked for a public affairs company 
called VOX Global. While my primary focus was around 
telecommunications issues, I used this position as an 
opportunity to get more involved in a number of innovative 
transportation technologies, namely, drones, rideshare 
services, and automated vehicles.
    My experiences thinking through the challenges of locally 
elected officials helped me consider their responsibilities and 
the appropriate role of the Federal Government.
    In my over 3 years at the Department of Transportation, 
these experiences have served me well. I've learned much from 
Secretary Chao's vision and leadership in the department.
    First and foremost, I have learned the importance of 
keeping safety as the top priority for the department and the 
North Star for all of its actions.
    The department must continue to prioritize safety outcomes 
in all of its actions, including grant-making, regulatory 
updates, enforcement and engagement actions, and as a focus for 
engaging with new technologies.
    By keeping safety as the focus for all the department's 
actions, I believe we can make significant steps toward the 
goal of zero fatalities.
    Technology holds great potential to improve the safety, 
efficiency, and economic impact of our transportation system, 
but it is not a silver bullet. The developments in automated 
vehicles, drones, hyperloop systems, commercial space launch 
and re-entry, and even data initiatives can dramatically change 
the way people and goods move about the country.
    I've had the distinct privilege of being able to lead the 
policy development of the department's approach to innovative 
transportation technologies. This effort includes the work of 
the Nontraditional and Emerging Transportation Technologies or 
NETT Council.
    I've also been actively engaged in the department's work 
around Surface Transportation reauthorization. As we move 
toward a new proposal, we must use reauthorization as an 
opportunity to codify steps to improve the efficiency and 
effectiveness of the American transportation system.
    If I am confirmed in my new role, I will look forward to 
working with Congress to pass this legislation.
    Thank you for your time and for the opportunity to testify 
before you today.
    [The prepared statement and biographical information of Mr. 
Fulton follow:]

Prepared Statement of Finch Fulton, Nominee for Assistant Secretary for 
                  Policy, U.S. Dept. of Transportation
    Thank you Chairman Wicker, Ranking Member Cantwell, and Members of 
the Committee. I am proud to be here today as the nominee for Assistant 
Secretary of Policy for the U.S. Department of Transportation. I 
believe my background makes me uniquely qualified for this role.
    I have been involved in transportation issues my entire life. 
Growing up, my family owned a small trucking, logistics, and 
warehousing business, which served as a connection between the Port of 
Mobile, rail lines, and commercial motor vehicles using the I-10 and I-
65 interstate connections. Every summer, I worked in these warehouses. 
I learned first-hand the important role strong logistical centers play 
for the health of our economy and our country's competitiveness.
    After graduating from the University of Alabama, I moved to 
Washington, D.C., where I served as a staffer in both the House of 
Representatives and the Senate. While working in the Senate, I took 
night and weekend classes to earn an MBA from Johns Hopkins University. 
In these roles, I learned to be an advocate for constituents baffled by 
the complexity of Washington, D.C., helping individuals work through 
complicated bureaucracies to achieve results.
    After receiving my MBA and leaving the Senate, I moved to Dallas, 
Texas, where I worked for a public affairs company called VOX Global. 
Here, I worked on advocacy campaigns focused on the State and local 
integration of technology. While my primary focus was around 
telecommunications issues, I used this position as an opportunity to 
get more involved in a number of innovative transportation 
technologies, namely drones, ride-share services and automated 
vehicles. My experience thinking through the challenges of locally 
elected officials helped me consider their responsibilities, and the 
appropriate role of the Federal government.
    In my over three years at the U.S. Department of Transportation, 
these experiences have served me well. I have learned much from 
Secretary Chao's vision and leadership of the Department. First and 
foremost, I have learned the importance of keeping safety as the top 
priority for the Department, and the ``North Star'' for all of its 
actions.
    In 2018, the most recent year reported by the National Highway 
Traffic Safety Administration, the number of fatalities on American 
roads reached 36,560. Each life lost is a tragedy. The Department must 
continue to prioritize safety outcomes in all of its actions, including 
grant making, regulatory updates, enforcement, and engagement actions 
and as a focus for engaging with new technologies. By keeping safety as 
the focus for all of the Department's actions, I believe we can make 
significant steps towards the goal of zero fatalities.
    Technology holds great potential to improve the safety, efficiency, 
and economic impact of our transportation system, but it is not a 
``silver bullet.'' The developments in automated vehicles, drones, 
hyperloop systems, commercial space launch and reentry, and even data 
initiatives can dramatically change the way people and goods are moved 
about the country. Many of these technologies challenge the Department 
in new or more sophisticated ways on methods both to prove and to 
improve levels of safety, or in determining what mechanisms are best 
suited in the Department for providing oversight. I believe that we can 
utilize the public processes and mechanisms that are in place to 
consider these questions, and include input from all relevant sources, 
to ensure the long-term health of and to realize the great potential 
for, these new technologies.
    I have had the distinct privilege of being able to lead the policy 
development of the Department's approach to automated vehicles. In the 
last few years, the Department has published Automated Driving Systems 
2.0: A Vision for Safety, Automated Vehicles 3.0: Preparing for the 
Future of Transportation, and through our work with the White House 
Ensuring American Leadership in Automated Vehicle Technologies: 
Automated Vehicles 4.0. These guidance documents have helped clarify 
the approach and the role of the Federal government in the safe and 
full integration of automated vehicle technologies into our Nation's 
transportation system.
    I have also been actively engaged in the development and execution 
of the drone Integration Pilot Program, and the Automated Driving 
System Demonstration grants--both of which take the approach that we 
should 1) prioritize safety, 2) use these opportunities to generate 
data to allow us to update our regulations and standards, and 3) work 
collaboratively with the communities in which these technologies are 
being developed to ensure people understand the capabilities--and 
limitations--of these technologies. I am also currently leading the 
efforts of the Department's Non-traditional and Emerging Transportation 
Technology (NETT) council, which is working in an intermodal fashion to 
determine which authorities to bring to projects that do not fall 
neatly within the authorities of one mode or another, such as 
hyperloop.
    As we move towards a new surface transportation authorization, we 
must use reauthorization as an opportunity to codify steps to improve 
the efficiency and effectiveness of the American transportation system. 
This effort will undoubtedly include Administration priorities like One 
Federal Decision. Separate and apart from legislative efforts, we must 
also use current authorities and funding opportunities to test and 
validate better ways to invest in, manage, and oversee our 
transportation assets while investing in improving our Nation's 
infrastructure. I look forward working with Congress as we utilize 
grant programs, such as the BUILD and INFRA transportation grant 
programs, to do so.
    Thank you for your time, and for the opportunity to testify before 
you today.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used):

        Thomas Finch Fulton.
        Preferred name: ``Finch''.

    2. Position to which nominated: Assistant Secretary for 
Transportation Policy.
    3. Date of Nomination: January 28, 2020.
    4. Address (List current place of residence and office addresses):

        Residence: Information not released to the public.
        Office: 1200 New Jersey Ave SE, Washington, D.C. 20590.

    5. Date and Place of Birth: May 10, 1986; Mobile, Alabama.
    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).
    Kerri West Fulton, Senior Policy Officer for Agriculture, Embassy 
of Australia in Washington D.C.
    7. List all college and graduate degrees. Provide year and school 
attended.

   Bachelor of Science in Commerce and Business Administration, 
        Culverhouse College of Business, University of Alabama, 2008
   Master of Business Administration, Carey Business School, 
        Johns Hopkins University, 2013

    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.

   Deputy Assistant Secretary for Transportation Policy, United 
        States Department of Transportation, April 2017 to present.

   Special Advisor to the Secretary on Transportation Policy, 
        United States Department of Transportation, January 2017-April 
        2017.

   Transportation & Infrastructure Policy Team/Department of 
        Transportation Team, Presidential Transition Team, November 
        2016-January 2017.

        Managing Supervisor, VOX Global, November 2016

   Agent for Macy's Retail, Macy's Inc, August 2015-December 
        2015

   Account Supervisor, VOX Global, November 2014-November 2016

   Senior Account Executive, VOX Global, October 2013-November 
        2014

   Legislative Aide, National Defense Team, Senator Jeff 
        Sessions, United States Senate, June 2012-October 2013

   Legislative Correspondent, National Defense Team, Senator 
        Jeff Sessions, United States Senate, February 2010-June 2012

   Director of Constituent Services, Congressman John Fleming, 
        M.D., United States House of Representatives, January 2009-
        March 2010

   Legislative Correspondent, Congressman Jim McCrery, United 
        States House of Representatives, July 2008-December 2008

    9. Attach a copy of your resume. 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 ten 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 ten years.

   AT&T: during my time at VOX Global, I supported AT&T's 
        Public Affairs department, organizing communications efforts 
        for AT&T employees, retirees, customers and other stakeholders. 
        These communications primarily sought to inform and engage 
        stakeholders about AT&T corporate responsibility efforts. The 
        communications occasionally sought to mobilize these 
        stakeholders to engage local and State policymakers around 
        numerous issues impacting AT&T, such as State and local taxes 
        and fees, the location of cell towers, or other local issues. I 
        worked on fewer Federal issues. However, I did work on involved 
        issues around the rental of digital set-top boxes, the AT&T and 
        DirecTV merger and Net Neutrality.

   Uber: Around 2014 while at VOX Global, I worked on a team 
        developing communications materials and a mobilization website 
        on behalf of Uber in support of statewide legislation that 
        authorized operation across the State.

   PCIAA: In 2014 while at VOX Global, I worked to help develop 
        a communications strategy for the America Property Casualty 
        Insurance Association around Members of Congress in support of 
        reauthorizing the Terrorism Risk Insurance Act.

    12. Please list each membership you have had during the past ten 
years or currently hold with any civic, social, charitable, 
educational, political, professional, fraternal, benevolent or 
religiously affiliated organization, private club, or other membership 
organization. (For this question, you do not have to list your 
religious affiliation or membership in a religious house of worship or 
institution.). 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 disability.

   Public Affairs Council (January 2014-January 2017)

   Dallas Regional Chamber Young Professionals (January 2014-
        January 2017)

   The Jefferson Islands Club (October 2017 to present)

   45 Club (May 2018 to present)

    None of these organizations restricts membership on the basis of 
sex, race, color, religion, national origin, age, or handicap.
    13. Have you ever been a candidate for and/or held a public office 
(elected, non-elected, or appointed)? If so, indicate whether any 
campaign has any outstanding debt, the amount, and whether you are 
personally liable for that debt.
    Nothing outside of my USDOT work.
    14. List all memberships and offices held with and services 
rendered to, whether compensated or not, any political party or 
election committee within the past ten years. If you have held a paid 
position or served in a formal or official advisory position (whether 
compensated or not) in a political campaign within the past ten years, 
identify the particulars of the campaign, including the candidate, year 
of the campaign, and your title and responsibilities.

   Dallas County Deputy Voter Registrar (August 2015-January 
        2017)

   Precinct Chair #1015, Dallas County Republican Party (August 
        2016-January 2017)

   Election Judge, Dallas County Republican Party (November 
        2016)

   Volunteer, Whip Team, Republican National Convention (July 
        2016)

    15. Itemize all political contributions to any individual, campaign 
organization, political party, political action committee, or similar 
entity of $500 or more for the past ten years. None.
    16. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements. None.
    17. Please list each book, article, column, Internet blog posting, 
or other publication you have authored, individually or with others. 
Include a link to each publication when possible. Also list any 
speeches that you have given on topics relevant to the position for 
which you have been nominated. Do not attach copies of these 
publications unless otherwise instructed.
Publications
VOXGlobal:

   May 8, 2014: VOX Global newsletter ``The Intersection'': The 
        Price of Neglect: How our Government is Designed to Manage our 
        National Debt, and Why it's Failing. https://voxglobal.com/
        intersection/2014/05/the-price-of-neglect/

   August 6, 2014: VOX Global Blog Post: Begun, the Drone Wars 
        Have. https://voxglobal.com/2014/08/begun-the-drone-wars-have/

   February 17, 2015: VOX Global Blog Post: FAA Proposes New 
        Drone Rules-But Will They Fly? https://voxglobal.com/2015/02/
        faa-proposes-new-drone-rules-but-will-they-fly/

   July 27, 2015: VOX Global Blog Post: Citizen advocate? Plan 
        an advocacy campaign like the pros. https://voxglobal.com/2015/
        07/citizen-advocate-plan-an-advocacy-campaign-like-the-pros/

   March 28, 2016: VOX Global Blog Post: Three Key Takeaways on 
        Drone Policy from SXSW Interactive. https://voxglobal.com/2016/
        03/three-key-takeaways-on-drone-policy-from-sxsw-interactive/

   November 2016: VOX Global newsletter ``The Intersection'': 
        The On the-Ground Logic of Election Day. https://voxglobal.com/
        intersection/2016/11/the-on-the-ground-logic-of-election-day/

BrightestYoungThings.com

   July 11, 2011: LIVEDC: RX BANDITS/MAPS AND ATLASES/ZECHS MAR
        QUISE @ 930 CLUB. https://brightestyoungthings.com/articles/
        livedc-rx-bandits-maps-and-atlases-zechs-marquise-930-club

   September 20, 2011: LIVEDC: CLAP YOUR HANDS SAY YEAH @ 930 
        CLUB. https://brightestyoungthings.com/articles/livedc-clap-
        your-hands-say-yes-930-club

   October 21, 2011: LIVEDC: MINUS THE BEAR @ 930 CLUB. https:/
        /brightest
        youngthings.com/articles/livedc-minus-the-bear-930-club-2

   November 9, 2011: LIVEDC: COLD WAR KIDS/YOUNG MAN @ 930 
        CLUB. https://brightestyoungthings.com/articles/livedc-cold-
        war-kids-young-man-930-club

   June 20, 2012: INTERVIEW: KAL TRAVER OF RUBBLEBUCKET. 
        https://brightestyoungthings.com/articles/interview-kal-traver-
        of-rubblebucket

   August 3, 2012: LIVEDC: BOMBAY BICYCLE CLUB @ 930 CLUB. 
        https://brightestyoungthings.com/articles/livedc-bombay-
        bicycle-club-930-club-2

   August 12, 2012: LIVEDC: THE HOOD INTERNET W/CAPITAL CITIES, 
        MAGIC MAN @ U ST MUSIC HALL. https://brightestyoungthings.com/
        articles/livedc-the-hood-internet-w-capital-cities-magic-man-u-
        st-music-hall

   March 27, 2012: LIVEDC: POLICA @ RED PALACE. https://
        brightestyoung
        things.com/articles/livedc-polica-red-palace
Speeches
    To account for the speeches I've given while at USDOT, I have gone 
through my records. This list represents my best attempt to provide an 
exhaustive list. This list goes up to February 11, 2020.
Before USDOT
   Fall 2016: Dallas Young Professionals panel discussion on 
        local education board elections

    External-facing speeches, presentations and roundtable discussions 
include:

   June 7, 2017: Roundtable discussion with Securing America's 
        Future Energy (SAFE) stakeholders on vehicle technologies

   June 13, 2017: Panel presentation regarding President's 
        Infrastructure Initiative at the U.S. P3 Infrastructure Forum 
        2017 in New York City

   June 14, 2017: Amazon Web Services Cybersecurity Roundtable

   August 8, 2017: Speech at American Dream Coalition Annual 
        Conference on DOT priorities in DC

   August 16, 2017: 2017 Transportation Investment Summit in 
        Irving, Texas

   September 19, 2017: Briefing with National Governors 
        Association on ADS 2.0 in DC

   October 23, 2017: Briefing with U.S. Conference of Mayors on 
        AVs in DC

   October 24, 2017: Bloomberg Next: Panel on driverless 
        transportation in DC

   October 26, 2017: Presentation at the Commercial UAV Expo 
        on the Drone Integration Pilot Program in Nevada

   November 2, 2017: Panel at Mobility Unmanned in DC: DOT's 
        Role in Autonomous Technology Deployment

   November 14, 2017: Presentation to CTIA-NASA UAS Working 
        Group in DC about drone integration pilot program and drone 
        initiatives

   December 2, 2017: Presentation at the Western Governors 
        Association Winter Meeting in Arizona on Federal AV efforts

   December 7, 2017: Presentations during AV Data for Safety 
        Roundtable at USDOT

   January 13, 2018: Panel at CBS on The Key to UAS Integration

   January 23, 2018: AASHTO/AAMVA AV Policy Roundtable

   February 26, 2018: Speech at National Association for 
        Business Economics Economic Policy Conference on the impact of 
        technology and automation on transportation in DC

   March 1, 2018: Remarks at USDOT Public Listening Summit on 
        Automated Vehicle Policy

   March 2, 2018: 2018 AASHTO Washington Briefing panel 
        entitled ``State DOTs Harnessing Connected and Autonomous 
        Vehicles'' in DC

   March 6, 2018: FAA UAS Symposium--Legislation and 
        Regulation--Who's in Charge of What?

   March 6, 2018: FAA UAS Symposium--UAS Rulemaking--From Idea 
        to Implementation panel

   April 12, 2018: Speech at Carnegie Mellon University 
        Transportation Center Mobility Summit Conference on research in 
        transportation

   April 20, 2018: Presentation at Schneider National, Inc., 
        annual Customer Advisory Event (CAE), in U.S. Capitol

   May 10, 2018: Roundtable discussion with stakeholders at the 
        White House Artificial Intelligence summit

   May 15, 2018: Discussion at ITS America Smart Cities/Smart 
        States Roundtable about the Department's point of view and 
        priorities in tech, innovation, and infrastructure

   May 30, 2018: Speech at Drone Focus Conference in North 
        Dakota

   June 14, 2018: Presentation at USDOT Safety Data Forum about 
        DOT efforts around data

   June 27, 2018: Roundtable discussion with SMART Columbus in 
        Columbus, Ohio stakeholders on their initiatives

   July 11, 2018: Introduction to USDOT's AV Data Principles 
        and AV Data Framework/Approach to AV Data at the Automated 
        Vehicle Symposium in California

   July 12, 2018: Plenary Speech on USDOT's automated vehicle 
        research activities at the Automated Vehicle Symposium in 
        California

   September 24, 2018: Presentation on New Policy Frontiers for 
        Autonomous Vehicles, Smart Cities in DC for the American 
        Planning Association

   October 3, 2018: Roundtable discussion with Global 
        Automakers Safety Committee on automated vehicles and safety 
        priorities

   October 3, 2018: Panel discussion with the McGuireWoods 
        Consulting Emerging Technologies Group called ``From the 
        Surface to the Skies: The Future of Autonomy in the United 
        States''

   October 4, 2018: Speech, Q&A and moderated a discussion at 
        the USDOT during the event releasing Automated Vehicles 3.0: 
        Preparing for the Future of Transportation (AV 3.0)

   October 17, 2018: Presentation on AV 3.0 in DC for Americans 
        for Tax Reform stakeholders

   October 23, 2018: GPU Technology Conference DC Panel--the 
        Keys to Deploying Self-Driving Cars

   October 24, 2018: Kickoff speech for ITS--America Hill 
        briefing on the 5.9GHz spectrum for connected vehicles

   October 24, 2018: Presentation to U.S. Chamber's Autonomous 
        Vehicle Workings Group on AV 3.0 and related initiatives

   October 26, 2018: Roundtable presentation with the 
        Department of Labor's Disability Rights Education and Defense 
        Fund (DREDF) information-gathering session on autonomous 
        vehicles and deployment

   November 10-12, 2018: Roundtable discussions at the Annual 
        Meeting of Global Future Councils 2018, Global Futures Council 
        on Mobility in Dubai

   December 6, 2018: Led breakout session on ``Unleashing 
        Innovation Reducing Barriers to Innovation/Enhancing Market 
        Confidence'' discussion paper at the G7 Multistakeholder 
        Conference on Artificial Intelligence

   December 11, 2018: Presentation at the Unmanned Aerial 
        System Integration Pilot Program (UAS IPP) Lead Participant 
        Focus Meeting

   February 28, 2019: International Consumer Product Health and 
        Safety Organization (ICPHSO) panel: Agencies Stand United for 
        Consumer Product Safety--Evolving Approaches for Innovation & 
        Technology

   February 28, 2019: Presentation to Chamber of Commerce 
        Autonomous Vehicles working group on ADS Demonstration grants, 
        and related DOT AV initiatives

   March 9, 2019: Panel discussion at Smart Mobility Summit in 
        Austin, TX titled How Robo-Taxis Will Revolutionize Urban 
        Transport

   March 9, 2019: Participated in Autonocast Podcast 
        ``Robotaxis In The Urban Environment'' after Smart Mobility 
        Summit panel

   March 10, 2019: SXSW panel on Urban Aerial Mobility in 
        Austin, Texas

   March 11, 2019: SXSW panel called ``Transportation 
        Innovation at a Crossroads'' in Austin, Texas

   March 12, 2019: SXSW fireside discussion with Secretary 
        Elaine Chao introducing the New and Emerging Transportation 
        Technology (NETT) Council

   March 20, 2019: Multiple speeches and panel moderation at 
        the stakeholder feedback workshop on the study on the impact of 
        automated vehicle technologies on workforce

   April 2, 2019: Briefing with Transport Canada and the Global 
        Automakers at the Canadian Embassy on the U.S. approach towards 
        safety in automated vehicles

   April 29, 2019: Roundtable discussion at USDOT on the 
        current and future uses of the 5.9GHz spectrum for 
        transportation safety purposes

   May 1, 2019: Briefing Siouxland Chamber of Commerce on 
        Department of Transportation infrastructure programs at the 
        Library of Congress

   May 7, 2019: Roundtable discussion with the Greater Phoenix 
        Economic Council (OPEC) at USDOT on infrastructure and 
        automated vehicles

   May 7, 2019: Panel presentation on the Future of the Vehicle 
        Cabin and How People will Interact with Continuously Evolving 
        Technology in DC with the U.S.-Israel Future Mobility Center

   May 29, 2019: Roundtable participation in the World Economic 
        Forum Drones and Aerial Mobility Global Council in California

   June 4, 2019: Panel discussion at the National Governors 
        Association Technology Workshop during the ITS America Annual 
        Meeting in Washington DC on connected and automated vehicles

   June 5, 2019: Panel discussion at USDOT with Eno Leadership 
        Development Program students on How USDOT Keeps the Nation in 
        Motion

   June 5, 2019: Panel discussion at FedScoop's FedTalks: AI 
        Panel in DC on the Department's actions around artificial 
        intelligence

   June 5, 2019: Panel discussion at the ITS America conference 
        on ``How Innovative Mobility Solutions Are Improving 
        Accessibility For All Users''

   June 6, 2019: Guest Speaker for CTA Self-Driving Meeting in 
        Arlington, Virginia

   June 24, 2019: Speech at United Spinal Association annual 
        event in Washington DC on accessibility initiatives

   June 26, 2019: Presentation at the NIST Workshop on 
        Consensus Safety Measurement Methodologies for ADS Equipped 
        Vehicles

   July 11, 2019: Speech on automated vehicle efforts at DOT at 
        the State of Autonomy: Intelligent Machines At-Scale: 
        Transforming Mission Delivery event in Arlington, Virginia

   July 15, 2019: Hosted and presented the USDOT sponsored 
        Consumer Education and Communications around AV Technologies 
        event at the Automated Vehicle Symposium in Florida

   July 17, 2019: Podcast discussion with The Mobility Podcast 
        on USDOT initiatives around automated vehicles at the AV 
        Symposium in Florida

   July 18, 2019: Plenary presentation on USDOT automated 
        vehicle initiatives at the AV Symposium in Florida

   July 18, 2019: Presented and hosted Q&A at the USDOT/FMCSA 
        Multi-modal listening session on automated vehicles at the AV 
        Symposium in Florida

   July 19, 2019: Presentation at the Auto Alliance Workshop 
        Series on ``Technologies for Providing Increased Vehicle 
        Accessibility to People with Disabilities and Older Adults''

   July 30, 2019: Presentation on being a young professional in 
        transportation to a group of students from Historically Black 
        Universities and Colleges at the USDOT

   August 27, 2019: Presentation at the U.S. DOT-Transport 
        Canada AV Workshop on USDOT AV-related initiatives

   September 5, 2019: AUVSI UAS Advocacy Committee Meeting 
        discussion about the UAS IPP, upcoming rulemakings and other 
        drone-related initiatives

   September 9, 2019: NAM Transportation and Infrastructure 
        Policy Committee Meeting discussion on infrastructure 
        investments in the U.S., FAST Act Reauthorization, and a 
        handful of other USDOT initiatives

   September 10, 2019: Keynote at Auto Alliance Workshop 3: 
        Broader Impacts of Assistive Transportation Technologies around 
        USDOT accessibility initiatives and the Oct. 29 accessibility 
        event at USDOT

   September 12, 2019: Speech at this Thursday edition of the 
        APTA ``Transportation Tuesdays'' event about automated vehicles 
        impact on transit

   September 19, 2019: Keynote at the 2019 UIC Urban Forum at 
        the University of Illinois, Chicago called ``Are We There Yet? 
        The Myths and Realities of Autonomous Vehicles''

   September 26, 2019: Panel discussion during The Hill's 
        Future of Mobility Summit on automated vehicle safety

   September 26, 2019: speech at the PAVE Annual Meeting in 
        Baltimore on USDOT's complimentary work with Consumer Reports, 
        SAE, AAA and PAVE on better determining how to communicate 
        different levels of automated vehicle capabilities

   October 3, 2019: participated in the 21st Century Truck 
        Partnership (21CTP) Senior Executive Steering Committee 
        (SESC)--Fall 2019 Meeting to discuss energy efficiency 
        initiatives for the trucking industry

   October 24, 2019: panel on Regulatory Perspectives on 
        Autonomous Mobility at Autonomous Mobility Summit in Singapore, 
        comparing international approaches towards automated vehicle 
        regulations

   October 25, 2019: participant in 2nd AV Regulators Forum in 
        Singapore, discussing international approaches towards 
        automated vehicle regulations

   October 25, 2019: speech at ITS World Congress 2019, 
        highlighting the U.S. activities to support the safe and full 
        integration of automated vehicles, and the usage of the 5.9GHz 
        safety band for connected vehicle activities

   October 28, 2019: presentation and Q&A with the Geosynthetic 
        Materials Association (GMA) Reception and Dinner on surface 
        transportation reauthorization and ongoing USDOT initiatives

   October 29, 2019: introduction and charge for the Inclusive 
        Design Challenge breakout session at the USDOT Access and 
        Mobility for All Summit

   October 29, 2019: introduction of the Inclusive Design: 
        Vehicle Technologies that Increase Access panel discussion at 
        the USDOT Access and Mobility for All Summit

   November 22, 2019: discussion at the Young Men's Leadership 
        Event at USDOT with students of Ron Brown High School regarding 
        innovative technologies and the future of careers in 
        transportation

   January 6, 2020: Speech at GO-NV Summit on innovative 
        transportation technologies and solutions

   January 6, 2020: Panel discussion on the use of data and 
        innovative mobility solutions at the GO-NV Summit

   January 8, 2020: stakeholder panel at CBS titled ``What's 
        Next for Vehicle Automation'' discussing AV 4.0 and the safe 
        testing and deployment of automated vehicles into our national 
        transportation system

   January 13, 2020: Panel discussion on Automation Technology 
        and Transportation at the Transportation Research Board in 
        Washington DC

   January 24, 2020: Participated in a roundtable discussion 
        regarding automated vehicle development and data sharing at the 
        Governors Meeting: Automotive and Autonomous Mobility Policy at 
        the World Economic Forum in Davos

    18. List digital platforms (including social media and other 
digital content sites) on which you currently or have formerly operated 
an account, regardless of whether or not the account was held in your 
name or an alias. Include the name of an ``alias'' or ``handle'' you 
have used on each of the named platforms. Indicate whether the account 
is active, deleted, or dormant. Include a link to each account if 
possible.
    Active:

   LinkedIn: Finch Fulton: https://www.linkedin.com/in/
        finchfulton/

   Facebook: Finch Fulton: https://www.facebook.com/
        finch.fulton

   Twitter: TFinchF: https://twitter.com/TFinchF

   Instagram: tfinchf

   Snapchat: finchfulton

    19. 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.
    To account for the major congressional interactions, including 
testimonials, I have been involved in while at USDOT, I have gone 
through my records. This list represents my best attempt to provide an 
exhaustive list.

   May 2, 2019: Roundtable with Members of the House Science 
        Committee on Administration initiatives around artificial 
        intelligence, my focus was on USDOT actions

   While I have only participated in a roundtable briefing 
        (noted above) U.S. Congress, not a formal testimony, I have 
        testified before the Canadian Standing Senate Committee on 
        Transport and Communications on October 17, 2017.

   I have also briefed staff of Congressional Committees 
        numerous times, including:

   June 28, 2017: INFRA Pre-briefs with House and Senate 
        Authorizing and Appropriation staff

   July 18, 2017: Briefing with Senate Appropriations staff on 
        TIGER

   July 19, 2017: Briefing with Senate Commerce staff on AV 
        legislation

   July 20, 2017: Briefing with House Energy and Commerce staff 
        on AV legislation

   September 5, 2017: Briefing with House and Senate 
        Appropriators on TIGER NOFO

   September 8, 2017: Meeting with House Energy and Commerce on 
        AV legislation

   September 11, 2017: Senate and House appropriator and 
        authorizer briefs on ADS 2.0

   September 25, 2017: Briefing for U.S. Senate Transportation 
        Legislative Assistants on ADS 2.0

   September 26, 2017: Briefing for U.S. House ofRepresentative 
        Transportation Staff on ADS 2.0

   October 24, 2017: Briefing with the Robotics Caucus Advisory 
        Committee and the Congressional Robotics Caucus for 
        Congressional staff on the anticipated arrival and integration 
        of automated vehicles

   November 28, 2017: Briefing for Senate Banking staff on AV 
        3.0 and Federal Transit policy around automated vehicles

   December 8, 2017: Briefing with Senate EPW minority staffer 
        on infrastructure needs for AVs

   April 27, 2018: Better Utilizing Investments to Leverage 
        Development (BUILD) transportation discretionary grant briefing 
        for Senate Commerce staff

   September 28, 2018: Briefings with House and Senate 
        Authorizers and Appropriators on the AV Proving Grounds

   October 4, 2018: AV 3.0 Pre-brief with House and Senate 
        Authorizers and Appropriators

   October 4, 2018: AV 3.0 Brief with legislative assistants in 
        the House of Representatives and Senate

   March 1, 2019: Senate Commerce Subcommittee staff and Member 
        transportation legislative assistant briefings on 
        Transportation and Safety 101

   February 5, 2020: Senate THUD Appropriations Staff briefing 
        on automated vehicle developments and the use of appropriated 
        funds

    20. Given the current mission, major programs, and major 
operational objectives of the department/agency to which you have been 
nominated, what in your background or employment experience do you 
believe affirmatively qualifies you for appointment to the position for 
which you have been nominated, and why do you wish to serve in that 
position?
    I believe my background qualifies me well for the position of 
Assistant Secretary for Transportation Policy. I have been involved in 
transportation issues my entire career, which allows me to better 
understand and approach challenges the Department faces. In my work, I 
strive to think first of the end-users of our transportation system, 
the American citizens.
    Growing up, my family owned a small trucking, logistics and 
warehousing business. Every summer from 1996 to 2006 I worked in these 
warehouses, which served as a connection between the Port of Mobile, 
rail lines and commercial motor vehicles using the 1-10 and 1-65 
interstate connections. I grew up performing odd jobs maintaining these 
warehouses, but in time grew into roles where I packaged supplies, 
managed inventory, and used a forklift to load train cars and 18-
wheelers. I understand first-hand the important role strong logistical 
centers have for the health of our economy and our country's 
competitiveness.
    After graduating from the University of Alabama, I moved to 
Washington D.C., where I served as a staffer in both the House of 
Representatives and the Senate. While working in the Senate, I took 
night and weekend classes to earn an MBA from Johns Hopkins University. 
In these roles, I learned to be an advocate for constituents baffled by 
the complexity of Washington, D.C., helping them navigate complicated 
bureaucracies to achieve results.
    After receiving my MBA, I left the Senate and moved to Dallas, 
Texas where I worked for a public affairs company called VOX Global. 
There, I worked on advocacy campaigns focused on the state and local 
integration of technology. While my primary focus was around 
telecommunication issues, I used this as an opportunity to get more 
involved in a number of innovative technologies and services, namely 
drones, ride-share and automated vehicles. My experience thinking 
through the challenges of locally elected officials helped me bridge 
their responsibilities and the appropriate role of the Federal 
Government.
    In my over two and a half years at the U.S. Department of 
Transportation, these experiences have served me well. The Department 
seeks to engage and empower State and local authorities. By working 
alongside our partners at all levels of government, including the 
Congress, we can ensure that local priorities are not lost in Federal 
actions. This approach is appropriate whether dealing with questions 
about safety, infrastructure and permitting or engaging with new 
technologies and services.
    21. What do you believe are your responsibilities, if confirmed, to 
ensure that the department/agency has proper management and accounting 
controls, and what experience do you have in managing a large 
organization?

   I believe my responsibilities as the Assistant Secretary for 
        Transportation Policy would be to ensure a culture of good 
        stewardship on behalf of the American people. This means:

     Ensuring that safety remains the ``North Star'' for 
            all of the Department's actions;

     Working with Congress and the accountability agencies 
            to ensure DOT continues to improve and strengthen its 
            planning, recommendation and acquisition processes;

     Relying on and empowering the work of the dedicated 
            career staff that DOT has, and continuing our focus on 
            operating as one integrated DOT team;

     Effectively communicating the vision, reasoning and 
            purpose for all decisions, and

     Working to include and empower the State and local 
            partners that know their communities best.

   I have been working at the Department in an official 
        capacity since January 2017. In that time, I have managed 
        large, multi-modal teams of hundreds to take an intermodal 
        approach to innovative technologies and infrastructure 
        investments. Two recent examples include teams of over 200 each 
        for both the Automated Vehicles 3.0: Preparing for the Future 
        of Transportation guidance document, and for the process of 
        making recommendations for the 2018 $1.5 billion BUILD 
        Transportation grant program.

   I am also currently serving as the lead advisor for the Non-
        Traditional and Emerging Transportation Technology (NETT) 
        council, which is working in an intermodal fashion to determine 
        which authorities to bring to projects that do not fall neatly 
        within the authorities of one mode of transportation or 
        another, such as hyperloop.

   In these efforts and others, I have worked to recruit the 
        brightest minds at DOT while structuring a process that ensures 
        inputs--both internally and externally--are considered as the 
        Department produces guidance and makes recommendations on 
        issues of national importance.

    22. What do you believe to be the top three challenges facing the 
department/agency, and why?

   Safety is and will remain the top priority. In 2018, the 
        most recent year reported by NHTSA's Fatality Analysis 
        Reporting System, the number of U.S. transportation-related 
        fatalities reached 36,560. Each life lost is a tragedy. The 
        Department must continue to prioritize safety outcomes in all 
        of its actions, including grant making, updating regulations, 
        enforcement and engagement actions and as a focus for engaging 
        with new technologies. By keeping safety as the focus for all 
        of the Department's actions, I believe we can make significant 
        steps towards the goal of zero fatalities.

   As we move towards working with Congress on a new surface 
        transportation reauthorization, we must use this opportunity to 
        improve the efficiency and effectiveness of the American 
        transportation system and also to test and validate better ways 
        to invest in, manage and oversee our transportation assets.

   Technology holds great potential to improve the safety, 
        efficiency, mobility--especially for the elderly and those with 
        disabilities--and the economic impact of our transportation 
        system. Developments such as automated vehicles, drones, 
        hyperloop, commercial space and data initiatives can 
        dramatically change the way people and goods are moved about 
        the country and world. Many of these technologies challenge the 
        Department in new or more sophisticated ways on methods to both 
        prove and improve levels of safety, or in determining what 
        mechanisms are best suited in the Department for providing 
        oversight. I believe that we must utilize the public processes 
        and mechanisms that are in place to consider these questions, 
        and include input from all relevant sources, to ensure the 
        long-term health of, and realize the great potential for, these 
        new technologies.

                   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. Explain how you will 
resolve each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the Department of Transportation's 
Designated Agency Ethics Official to identify potential conflicts of 
interest. Any potential conflicts of interest will be resolved with the 
terms of an ethics agreement that I have entered into with DOT'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 ten 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. Explain how you will resolve 
each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the Department of Transportation's 
Designated Agency Ethics Official to identify potential conflicts of 
interest. Any potential conflicts of interest will be resolved with the 
terms of an ethics agreement that I have entered into with DOT'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. Identify any other potential conflicts of interest, and explain 
how you will resolve each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the Department of Transportation's 
Designated Agency Ethics Official to identify potential conflicts of 
interest. Any potential conflicts of interest will be resolved with the 
terms of an ethics agreement that I have entered into with DOT's 
Designated Agency Ethics Official and that has been provided to this 
Committee. I am not aware of any other potential conflicts of interest.
    6. Describe any activity during the past ten years, including the 
names of clients represented, 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.

   AT&T: during my time at VOX Global, I supported AT&T's 
        Public Affairs department, organizing communications efforts 
        for AT&T employees, retirees, customers and other stakeholders. 
        These communications primarily sought to inform and engage 
        stakeholders about AT&T corporate responsibility efforts. The 
        communications occasionally sought to mobilize these 
        stakeholders to engage local and State policymakers around 
        numerous issues impacting AT&T, such as State and local taxes 
        and fees, the location of cell towers, or other local issues. I 
        worked on fewer Federal issues. However, I did work on involved 
        issues around the rental of digital set-top boxes, the AT&T and 
        DirecTV merger and Net Neutrality.

   Uber: Around 2014 while at VOX Global, I worked on a team 
        developing communications materials and a mobilization website 
        on behalf of Uber in support of statewide legislation that 
        authorized operation across the State.

   PCIAA: In 2014 while at VOX Global, I worked to help develop 
        a communications strategy for the America Property Casualty 
        Insurance Association around Members of Congress in support of 
        reauthorizing the Terrorism Risk Insurance Act.
                            c. legal matters
    1. Have you ever been disciplined or cited for a breach of ethics, 
professional misconduct, or retaliation by, or been the subject of a 
complaint to, any court, administrative agency, the Office of Special 
Counsel, professional association, disciplinary committee, or other 
professional group? If yes:

  a.  Provide the name of agency, association, committee, or group;

  b.  Provide the date the citation, disciplinary action, complaint, or 
        personnel action was issued or initiated;

  c.  Describe the citation, disciplinary action, complaint, or 
        personnel action;

  d.  Provide the results of the citation, disciplinary action, 
        complaint, or personnel action.

    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.
    In 2006, when I was 20, I was charged with being a minor in 
possession of alcohol at a beach in Escambia County, Florida. I had to 
pay a $50 fine and take an educational class about the risks of 
alcohol. The charge was dismissed nolle prosequi on 12/21/2006.
    3. Have you or any business or nonprofit of which you are or were 
an officer ever been involved as a party in an administrative agency 
proceeding, criminal 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, and that 
your department/agency endeavors to timely comply with requests for 
information from individual Members of Congress, including requests 
from members in the minority? 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.



    Senator Wicker. Thank you very much, Mr. Fulton.
    Mr. Johnson.

                STATEMENT OF JOHN CHASE JOHNSON,

                NOMINEE TO BE INSPECTOR GENERAL,

               FEDERAL COMMUNICATIONS COMMISSION

    Mr. Johnson. Thank you, Mr. Chairman, Ranking Member 
Cantwell, and Members of the Committee.
    It's an honor to be here as the President's nominee to 
serve as the Inspector General of the Federal Communications 
Commission, and I specifically appreciate that this committee 
has held this hearing and invited me to attend and the hard 
work of the staff to meet with me, to ask important questions, 
and to do all of the work that went into preparing for today's 
hearing.
    I'd like to begin by thanking those who actually brought me 
here today, my family. Mr. Chairman has already identified my 
mother and father, Robbie and Cindy, my brother and sister-in-
law, Randy and Sarah, and my girlfriend Julia.
    I also am surrounded to my left and behind me by many 
friends and colleagues, fellow Marines who I will note, Mr. 
Chairman, are not afraid to sit in the front row of this 
committee, former co-clerks and colleagues from a very large 
law firm in Washington, D.C., as was previously said.
    I appreciate, of course, their efforts to be here but, more 
importantly, their guidance and friendship that brought me here 
today.
    As this committee knows, the Inspector General Act of 1978 
and Section 2 describes the roles of the Inspector General as 
doing inspections and audits in order to promote efficiency, 
prevent fraud, waste, and abuse, and to provide information 
both to the agency and to Congress.
    When I reflect on my career, I believe that almost all of 
the experience I've had suit those roles precisely. After I 
graduated from Duke University and taught high school for one 
year, I commissioned in the United States Marine Corps and law 
school at the University of Virginia School of Law and then was 
transferred to Camp Pendleton where I served as a senior trial 
attorney handling a criminal caseload and conducting 
investigations with both CID and NCIS.
    I deployed to Afghanistan to serve as an investigator for 
the 1st Marine Expeditionary Group where I conducted complex 
investigations.
    After completing my first tour on Active Duty, I entered 
the Marine Corps Reserves and then clerked for two Federal 
judges, first Victor Wolski on the United States Court of 
Federal Claims where my work specifically focused on government 
contracts which this committee knows are germane to the role of 
the IG of the FCC. I then clerked for Judge Edith Clement of 
the 5th Circuit where I continued to hone my ability to 
condense and distil complex ideas and facts into simple and 
lucid prose.
    I've spent approximately the last 5 years at a law firm in 
Washington, D.C., doing everything from first chairing pro bono 
criminal defense trials in Federal and state courts and leading 
large investigations for a class action and False Claims Act 
suits.
    I don't think there are probably any or at least not many 
children who grow up telling their parents that they aspire to 
be Inspectors General and if there were, I'd like to meet them, 
but it is interesting looking back, I think, on my career, my 
14 years in the Marine Corps and my work as a lawyer and how 
the roles that I've held during that time are in fact roles 
that are very well suited to the role of being an inspector 
general.
    I think first and foremost, Inspector Generals needs to be 
leaders of their Office of Inspector General. There's no doubt 
that the talented men and women that comprise an office of an 
inspector general can do far more good work for the taxpayer 
and the agency and this Congress than one inspector general and 
so, first and foremost, the role of Inspector General is to be 
a leader of an office of inspector general and I believe my 
experience is commensurate with that responsibility and, of 
course, an inspector general has to have the technical 
expertise to conduct investigations, to conduct audits, and to 
produce reports that are understandable and timely and 
digestible not only and particularly in a technical agency like 
the FCC to people who understand the jargon but to taxpayers 
who also are stakeholders in the role of the Inspector General.
    I understand that the FCC is an important agency and its 
importance is probably as high today as it's ever been in a 5G 
world. Nonetheless, I'm excited about this opportunity. I 
believe my experiences are well suited to this opportunity.
    I thank this committee for its time and I look forward to 
any questions.
    [The prepared statement and biographical information of Mr. 
Johnson follow:]

   Prepared Statement of John Chase Johnson, Nominee to be Inspector 
               General, Federal Communications Commission
    Mr. Chairman, Ranking Member Cantwell, and members of the 
Committee, it is a great honor to be the nominee to serve as the 
Inspector General of the Federal Communications Commission. Thank you 
for the opportunity to appear before you today.
    This is an extraordinary position. The cornerstone of our great 
democracy is the trust of the people. And inspectors general exist, 
above all else, to build and protect that trust.
    To introduce myself briefly, I come from a family committed to the 
service of others. My father serves others as a doctor, my mother as a 
teacher, and my brother as a doctor in the Navy.
    After college, I taught high school for one year before 
commissioning in the Marine Corps. I then attended law school at the 
University of Virginia and returned to active duty. On active duty, I 
served as a prosecutor and, while deployed to Afghanistan, an 
investigator. Following my transition from active duty to the reserves, 
I clerked for two Federal judges, Judge Victor Wolski of the Court of 
Federal Claims, and Judge Edith Clement of the Fifth Circuit. I then 
entered private practice at Covington & Burling. Even during that time, 
my career focused on service, as I spent a quarter of my time 
representing indigent criminal defendants pro bono. I continue to serve 
in the Marine Corps Reserves as a military judge.
    As Thomas Jefferson said, ``[t]here is a debt of service due from 
every [person] to his country, proportioned to the bounties which 
nature and fortune have measured to him.'' I reflect on the good 
fortune and opportunities I have been afforded to serve my country and 
my community. Serving as the Inspector General of the FCC would be a 
continuation of that solemn commitment, and one that I would treat with 
the highest integrity, diligence, and duty.
    I am confident that my litigation, investigation, and leadership 
experiences in both the public and private sectors will equip me to 
serve effectively as Inspector General of the FCC. If confirmed, I 
promise to exercise my responsibilities with the independence I believe 
I have shown throughout my career: following facts to where they lead; 
applying the law as it is; and avoiding ideologies, politics, and ends-
driven analyses.
    If confirmed, I intend to:

   Ensure that the FCC Office of Inspector General (OIG) is an 
        independent and objective organization;

   Pursue investigations and audits aggressively;

   Report the findings of these investigations and audits 
        quickly;

   Employ OIG resources efficiently, focusing on high-risk 
        issues;

   Collaborate with other inspectors general and the Counsel of 
        the Inspectors General on Integrity and Efficiency;

   Protect and fight for whistleblowers;

   Defend taxpayers' dollars from fraud, waste, and abuse;

   Maintain close relationships with Congress, including this 
        Committee; and

   Develop effective working relationships with the FCC 
        Commissioners, Bureaus, and Offices.

    I understand that the responsibilities of the position to which I 
have been nominated are significant. Given the important issues facing 
the FCC--from ensuring the rapid deployment of secure 5G technology, to 
allocating spectrum in a changing technology environment, to preventing 
fraud in FCC programs--assuming the leadership role of Inspector 
General will be challenging. But, of course, as President Kennedy said, 
we should choose to do things ``not because they are easy, but because 
they are hard.''
    I am honored to be considered for this important position and look 
forward to answering your questions. Thank you.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used): John Chase 
Johnson (``Chase'').
    2. Position to which nominated: Inspector General, Federal 
Communications Commission.
    3. Date of Nomination: January 28, 2020.
    4. Address (List current place of residence and office addresses):

        Residence: Information not released to the public.
        Covington & Burling LLP, 850 10th St NW, Washington, D.C. 20001

    5. Date and Place of Birth: May 7, 1982; Oklahoma City, Oklahoma.
    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). N/A
    7. List all college and graduate degrees. Provide year and school 
attended.

        Duke University, B.A., 2005
        University of Virginia School of Law, J.D., 2009

    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.

------------------------------------------------------------------------
      Employer          Position         Location            Dates
------------------------------------------------------------------------
YMCA--Camp Belknap   Senior          Wolfeboro, NH       05/2005-08/2005
                      Division Head
------------------------------------------------------------------------
St. Paul's School    Colet Fellow    London,UK           08/2005-05/2006
                      (teacher)
------------------------------------------------------------------------
United States        Candidate       Quantico, VA        06/2006-08/2006
 Marine Corps
 (Officer Candidate
 School)
------------------------------------------------------------------------
Sheehan Phinney      Summer          Concord, NH         05/2007-08/2007
 Bass & Green PA      Associate
------------------------------------------------------------------------
Goodwin Proctor LLP  Summer          Boston, MA          05/2008-08/2008
                      Associate
------------------------------------------------------------------------
United States        First           Quantico, VA        08/2009-12/2009
 Marine Corps         Lieutenant
 (Marine Corps
 Recruiting
 Command)
------------------------------------------------------------------------
United States        First           Quantico, VA        12/2009-07/2010
 Marine Corps (The    Lieutenant,
 Basic School)        Student
------------------------------------------------------------------------
United States        First           Newport, RI         07/2010-10/2010
 Marine Corps         Lieutenant,
 (Naval Justice       Student
 School)
------------------------------------------------------------------------
United States        Captain,        Camp Pendleton,     10/2010-05/2013
 Marine Corps (1st   Prosecutor       CA and Helmand,
 Marine Logistics                     Afghanistan
 Group)
------------------------------------------------------------------------
United States Court  Law Clerk       Washington, D.C.    08/2013-08/2014
 of Federal Claims
 (Judge Wolski)
------------------------------------------------------------------------
United States        Captain, Judge  Arlington, VA       10/2013-01/2014
 Marine Corps         Advocate
 Reserve (Judge
 Advocate Division)
------------------------------------------------------------------------
United States        Captain, Team   Hialeah, FL         01/2014-09/2015
 Marine Corps         Leader
 Reserve (4th Civil
 Affairs Group)
------------------------------------------------------------------------
United States Court  Law Clerk       New Orleans, LA     09/2014-08/2015
 of Appeals for the
 Fifth Circuit
 (Judge Clement)
------------------------------------------------------------------------
United States        Major,          Washington, D.C.    09/2015-04/2017
 Marine Corps        Plans Officer
 Reserve (2nd Civil
 Affairs Group)
------------------------------------------------------------------------
Covington & Burling  Attorney        Washington, D.C.    09/2015-Present
 LLP
------------------------------------------------------------------------
United States        Major,          Arlington, VA       05/2017-Present
 Marine Corps         Military
 Reserve (Navy-       Judge
 Marine Corps Trial
 Judiciary)
------------------------------------------------------------------------

    9. Attach a copy of your resume.
    Please 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 ten years.
    N/A (to the extent any of my work is responsive the question, it is 
listed above in the answer to A.8.)
    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 ten years.
    N/A (to the extent any of my work is responsive the question, it is 
listed above in the answer to A.8.)
    12. Please list each membership you have had during the past ten 
years or currently hold with any civic, social, charitable, 
educational, political, professional, fraternal, benevolent or 
religiously affiliated organization, private club, or other membership 
organization. (For this question, you do not have to list your 
religious affiliation or membership in a religious house of worship or 
institution.). 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 disability.

        Secretary, Federal Bar Association, Veterans and Military Law 
        Section, 2019 to present; treasurer, 2016 to 2019

        Board Member, Duke University Young Alumni Board, 2018 to 
        present

        Class Representative, University of Virginia School of Law, 
        2009 to present

        Member, New Hampshire Bar Association, 2009 to present

        Member, Massachusetts Bar Association, 2010 to present

        Member, District of Columbia Bar Association, 2017 to present

        Member, Army Navy Club, Washington D.C., 2010 to present

        Member, American Bar Association, 2010 to present

        Board Member, Federalist Society, Young Lawyer's D.C. Chapter 
        Board, 2016 to 2018

    None of the organizations above, to the best of my knowledge, 
restrict membership on the basis of sex, race, color, religion, 
national origin, age, or handicap.
    13. Have you ever been a candidate for and/or held a public office 
(elected, non-elected, or appointed)? If so, indicate whether any 
campaign has any outstanding debt, the amount, and whether you are 
personally liable for that debt. No.
    14. List all memberships and offices held with and services 
rendered to, whether compensated or not, any political party or 
election committee within the past ten years. If you have held a paid 
position or served in a formal or official advisory position (whether 
compensated or not) in a political campaign within the past ten years, 
identify the particulars of the campaign, including the candidate, year 
of the campaign, and your title and responsibilities. N/A
    15. Itemize all political contributions to any individual, campaign 
organization, political party, political action committee, or similar 
entity of $500 or more for the past ten years. N/A
    16. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements.

        University of Virginia School of Law, merit scholarship: 2006 
        to 2009

        University of Virginia, Raven Society, member: 2009

        Marine Corps (order of precedence)

                Navy and Marine Corps Commendation Medal: April 29, 
                2013 and April 9, 2017

                Navy and Marine Corps Achievement Medal: October 15, 
                2012

                Navy Unit Commendation: November 3, 2010

                Selected Marine Corps Reserve Medal: October 1, 2016

                National Defense Service Medal: September 1, 2009

                Afghanistan Campaign Medal: July 23, 2012

                Global War on Terrorism Service Medal: September 15, 
                2009

                Sea Service Deployment Ribbon: September 21, 2012

                NATO Medal--ISAF Afghanistan: August 5, 2012

        Marine Corps University, Command and Staff, Distinguished 
        Graduate: 2018 to present

        Colet Fellow, St. Paul's School, London: 2005-2006

    17. Please list each book, article, column, Internet blog posting, 
or other publication you have authored, individually or with others. 
Include a link to each publication when possible. 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.
    I have sought to identify all of my articles and publications, not 
including legal filings, by reviewing my electronic and hard copy files 
and e-mail. There may be materials I did not find or recall. The 
following are the articles and publications I have identified:

        Key Takeaways from Recent Decisions Discussing Release of 
        Claims Provisions, Inside Government Contracts, March 28, 2017.

        When does a contract release release a claim? A classic 
        contract tongue twister, Inside Government Contracts, December 
        21, 2016.

        The Foreign Sovereign Immunities Act and the Fifth Amendment's 
        Takings Clause, Inside Government Contracts, October 19, 2016.

        The Supreme Court Clarifies ``Yearsley Immunity'': An Analysis 
        of Campbell-Ewald v. Gomez, Inside Government Contracts, 
        January 25, 2016.

    I have given no speeches on topics relevant to the position of 
Inspector General of the Federal Communications Commission.
    18. List digital platforms (including social media and other 
digital content sites) on which you currently or have formerly operated 
an account, regardless of whether or not the account was held in your 
name or an alias. Include the name of an ``alias'' or ``handle'' you 
have used on each of the named platforms. Indicate whether the account 
is active, deleted, or dormant. Include a link to each account if 
possible.

        LinkedIn: active, https://www.linkedin.com/in/johnchasejohnson/

        Facebook: deleted (approximately 2010)

        Instagram: dormant (https://www.instagram.com/jchasejohnson/)

        Twitter: dormant (https://twitter.com/JChaseJohnson)

    19. 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. N/A
    20. Given the current mission, major programs, and major 
operational objectives of the department/agency to which you have been 
nominated, what in your background or employment experience do you 
believe affirmatively qualifies you for appointment to the position for 
which you have been nominated, and why do you wish to serve in that 
position?
    I wish to continue my government service by serving as the 
Inspector General of the Federal Communications Commission because I 
believe that trust is the cornerstone of democracy. Trust in government 
requires, among other things, that citizens understand that their 
government works hard to be efficient and to avoid waste. The Inspector 
General Act of 1978 directs inspectors general to conduct audits and 
investigations to promote efficiency and prevent fraud, waste, and 
abuse. It would be an honor to uphold this mission, and, as a result, 
to strengthen the cornerstone of our democracy.
    I believe my breadth of experiences will enable me to complete the 
mission of the Inspector General of the Federal Communications 
Commission. My years as a Marine Officer and a private practice 
attorney at a large firm have honed my leadership skills. I have 
developed and refined my legal aptitude by serving as a prosecutor, 
defense attorney, military judge, civil litigator, and lead 
investigator. In my execution of these jobs, I demonstrated the ability 
to identify problems, study them, design solutions, and implement those 
solutions through collaboration and hard work. If confirmed, I would 
enthusiastically use the skills acquired in my prior positions to 
increase the efficiency of, and eliminate fraud, waste, and abuse 
within, the Federal Communications Commission.
    21. 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?
    One responsibility of the Inspector General of the Federal 
Communications Commission is to ensure that the Office of the Inspector 
General and the entire Federal Communications Commission have proper 
management and accounting controls. Because the Inspector General 
advises, but is not a policy actor, accomplishing this goal requires 
careful analysis and diligence, followed by collaboration with the 
other bureaus and offices of the Commission.
    I have lead teams of Marines as both a judge advocate and civil 
affairs officer. I have lead teams of attorneys, investigators, and 
contractors in investigations, civil litigation, and trials. I also 
served in various other leadership and management roles in private 
practice as well as charitable and nonprofit organizations.
    22. What do you believe to be the top three challenges facing the 
department/agency, and why?
    The Federal Communications Commission plays an central role 
regulating communications that increasingly impact the economy and 
individuals. If confirmed to serve as the Inspector General of the 
Federal Communications Commission, I would conduct a thorough and 
impartial review of the Commission in order to evaluate potential 
fraud, waste, and abuse. To do this, I would, among other things, meet 
with the Commission's commissioners, the staff of the Office of the 
Inspector General, other key stakeholders, and Congress.
                   b. potential conflicts of interest
    1. Describe all financial arrangements, deferred compensation 
agreements, and other continuing dealings with business associates, 
clients, or customers. Please include information related to retirement 
accounts.
    I am an employee of Covington & Burling LLP, and receive a salary. 
If confirmed, I will no longer have any financial ties to Covington & 
Burling LLP, or any private employer. I have a 401k plan through 
Covington & Burling LLP but will no longer contribute to that account 
upon departing the firm.
    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.
    Yes. I am committed to remaining in the United States Marine Corps 
Reserve. To the extent that question B.1., above, applies to my service 
in the United States Marine Corps Reserve, I receive and intend to 
continue to receive compensation for my service. As part of my service 
in the United States Marine Corps Reserve, I have a Thrift Savings Plan 
account to which I contribute and receive contributions and to which I 
intend to continue to contribute and receive contributions.
    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. Explain how you will 
resolve each potential conflict of interest.
    During my pre-nomination process, I consulted with ethics counsel 
for the Federal Communications Commission on several occasions to 
identify possible conflicts of interest. Any identified possible 
conflicts of interest will be handled consistent with the ethics 
agreement into which I entered with the Federal Communications 
Commission.
    4. Describe any business relationship, dealing, or financial 
transaction which you have had during the last ten 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. Explain how you will resolve 
each potential conflict of interest.
    During my pre-nomination process, I consulted with ethics counsel 
for the Federal Communications Commission on several occasions to 
identify possible conflicts of interest. Any identified possible 
conflicts of interest will be handled consistent with the ethics 
agreement into which I entered with the Federal Communications 
Commission.
    5. Identify any other potential conflicts of interest, and explain 
how you will resolve each potential conflict of interest. N/A
    6. Describe any activity during the past ten years, including the 
names of clients represented, 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. N/A
                            c. legal matters
    1. Have you ever been disciplined or cited for a breach of ethics, 
professional misconduct, or retaliation by, or been the subject of a 
complaint to, any court, administrative agency, the Office of Special 
Counsel, professional association, disciplinary committee, or other 
professional group? 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.
    As disclosed in my background investigation, in 2000, I paid a fine 
for attempting to possess alcohol as a minor, in Tuftonboro, New 
Hampshire. I sincerely regret this incident.
    3. Have you or any business or nonprofit of which you are or were 
an officer ever been involved as a party in an administrative agency 
proceeding, criminal 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.
    As disclosed in my background investigation, in 2000, I paid a fine 
for attempting to possess alcohol as a minor, in Tuftonboro, New 
Hampshire. I sincerely regret this incident.
    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.
    I do not believe, to the best of my knowledge and recollection, 
that there is any unfavorable information that has not been disclosed. 
The favorable information supporting my nomination has also been 
disclosed, either here or during my pre-nomination process.
    I wish only to add that I am grateful for the Committee's 
consideration and attention and am humbled by the opportunity to be 
considered for this important position.
                     d. relationship with committee
    1. Will you ensure that your department/agency complies with 
deadlines for information set by congressional committees, and that 
your department/agency endeavors to timely comply with requests for 
information from individual Members of Congress, including requests 
from members in the minority? 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 John Chase Johnson
                               EXPERIENCE
Covington & Burling LLP, Washington, D.C.
Senior Litigation Associate, 2015-present
   Trial lawyer and litigator

   Defend national and international companies, as well as 
        individuals, in complex Federal and state litigation

   First- or second-chaired three jury trials and one bench 
        trial between 2017 and 2019

   Led multiple negotiations on behalf of clients with the 
        Department of Justice

   Designed and implemented long-term litigation strategies

   Managed teams of 2-8 attorneys and several paralegals on 
        multiple cases

   Authored dozens of Federal and state court briefs as well as 
        memoranda for clients

   Representative matters include:

     Represented KBR in ``battlefield torts'' concerning 
            burn pits in Iraq and Afghanistan

     Represent F. Hoffman-La Roche in an Anti-Terrorism Act 
            and FCPA case involving Iraq and Hezbollah

     Represented Bayer and AECOM in False Claims Act cases 
            against the United States

     Represent McKesson in state and Federal opioid cases

     Represented two different indigent defendants charged 
            with first-degree murder

   Serve in leadership roles on the firm's Veteran Affinity 
        Group and Summer Associate Group

United States Marine Corps Reserve, Washington, D.C.
Major, September 2016-present; Captain, May 2013-September 2016

   Serve as a military judge in the Navy-Marine Corps Trial 
        Judiciary, presiding over courts-martial for active duty and 
        reserve Marines and sailors

   Selected as a Distinguished Graduate of the Marine Corps 
        Command & Staff College

   Served as a civil-military operations team leader, Second 
        and Fourth Civil Affairs Groups

   Served as Commander of Troops for Presidential Inauguration 
        parade

   Recipient of the Navy & Marine Corps Commendation Award for 
        exemplary service

United States Court of Appeals for the Fifth Circuit, New Orleans, LA
Law Clerk for the Honorable Edith Clement, 2014-2015

   Helped research and draft opinions and legal memoranda

   Matters concerned constitutional law, Federal statutes, and 
        agency regulations

United States Court of Federal Claims, Washington, D.C.
Law Clerk for the Honorable Victor Wolski, 2013-2014

   Helped research and draft opinions and legal memoranda

   Matters concerned government contracts, the Takings Clause, 
        and Federal taxes

United States Marine Corps (Active Duty), Camp Pendleton, CA and 
Helmand Province, Afghanistan
Captain, 2010-2013

   Served as the senior prosecutor, First Marine Logistics 
        Group and First Marine Expeditionary Force (FWD)

   Tried fourteen jury trials--including attempted murder with 
        an insanity defense--and secured thirteen guilty verdicts

   Deployed to Helmand Province, Afghanistan as a prosecutor 
        and investigator

   Recipient of the Naval Commendation Award for exemplary 
        service

First Lieutenant, 2008-2010

   Naval Justice School, Graduated with Honors (Most 
        Outstanding Legal Assistance Attorney)

   The Basic School, B Co., Commanding General's Honor Roll 
        (top 10 of 300 officers)

St. Paul's School, London, United Kingdom
Colet Fellow, History and Italian Departments, 2005-2006

   Taught American and European history and Italian

   Advised students applying to American universities
                               EDUCATION
University of Virginia School of Law, Charlottesville, VA
J.D., 2009

   Raven Honors Society (University's oldest academic honor 
        society)

   William Minor Life Appellate Moot Court Competition, best 
        oral argument, and semi-finalist

   Bracewell & Giuliani, best oral argument, Legal Research & 
        Writing

   Libel Show, producer

Duke University, Durham, NC
B.A. with Honors, History, 2005

   Dean's List with Distinction

   Duke Student Government, Vice President

   Duke University Board of Trustees, undergraduate 
        representative

   Speak of the Devil (male a cappella group), President

   Studied Italian at NYU Florence, 2003
                     BAR ADMISSIONS AND ACTIVITIES
   Admitted to the bars of the District of Columbia, 
        Massachusetts, and New Hampshire

   Federal Bar Association: Veterans' Law Section, Executive 
        Board Member and Secretary

   Duke University: Young Alumni Development Council and Duke 
        D.C. Board

   YMCA Camp Belknap: alumni captain and volunteer
                          INTERESTS AND SKILLS
   Distance running (personal marathon record, 3:09)

   Student of history and economics

   Italian, proficient

   Motorcycle touring

    Senator Wicker. Thank you very much.
    Mr. Johnson, how much time do you spend in Ocean Springs?
    Mr. Johnson. I'm in Ocean Springs probably six times a 
year, Mr. Chairman, and it is a lovely place.
    Senator Wicker. It's a very beautiful city. People should 
visit that.
    Mr. Johnson. It's fantastic.
    Senator Wicker. Now did you say you translate complex 
concepts into simple and lucid prose? Is that what you said?
    Mr. Johnson. That is what I said, Mr. Chairman.
    Senator Wicker. Good. Well, you are going to go far.
    [Laughter.]
    Senator Wicker. I would like to ask all of our nominees the 
following. If confirmed, will you pledge to work 
collaboratively with this committee and provide thorough and 
timely responses to our requests for information as we work 
together to address important policy issues? Can I get a verbal 
affirmative?
    Dr. Jacobs. Yes.
    Mr. Fulton. Yes, sir.
    Mr. Johnson. Yes.
    Senator Wicker. Thank you very, very much.
    Now we'll begin with our questions. Dr. Jacobs, this past 
summer Mississippi fisheries were devastated by freshwater 
flooding because of the opening of the Bonne Carre Spillway. 
The impacted states have all submitted their required 
information to NOAA but NOAA has still not released the funds.
    I appreciate your timely declaration of a disaster but at 
this point, the distribution of funds has been very slow.
    Would you comment on this and provide us with a timeline of 
when we can expect to see relief?
    Dr. Jacobs. Sure. Thank you for the question. So the Fiscal 
Year 2019 appropriations was a 165 million. 65 has been 
allocated. The remaining 100 million for Bonne Carre, we're in 
the final stages of analyzing the impact numbers. Part of that 
is we had to wait until the end of the season to----
    Senator Wicker. It's been allocated. Has it been received?
    Dr. Jacobs. No.
    Senator Wicker. OK.
    Dr. Jacobs. It's----
    Senator Wicker. None of it's been received?
    Dr. Jacobs. Not for that 165. So we first have to allocate 
it and then we issue the awards. So we're in the final stages 
of determining the remaining 100 million. So we certainly 
recognize the need to make this process more timely. In the 
Fiscal Year 2021 budget request, we've asked for an additional 
$300,000 to support administering grants and we are certainly 
in support of S. 2346, The Fisheries Failures Urgent Needed 
Disaster Declaration Act that you sponsored and Senators 
Sullivan, Murkowski, and Senator Cantwell have co-sponsored.
    Senator Wicker. OK. Well, we're looking--I appreciate that 
answer. We're looking for a solution here. I realize when the 
Mississippi River gets in flood stage, things need to be done, 
but it just seems for like Pontchartrain and the Bonne Carre 
and as a result the Mississippi Sound to take all the 
freshwater and thus really injure our fisheries industries is 
asking a little too much.
    So we're studying that at a much broader level and trying 
to sort of spread the floodwater around.
    Dr. Jacobs, The Modern Fish Act authorizes councils' two 
additional management tools for recreational fishing, many of 
which are successfully used by state fishery agencies, such as 
extraction rates, fishing mortality targets, harvest control 
rules, or traditional and cultural practices of Native 
communities. You know what I'm talking about.
    Will you commit to working with the Fishery Management 
Councils to identify fisheries that are good candidates for 
these alternative management tools and will you support the 
councils in implementing these tools where appropriate?
    Dr. Jacobs. Yes, I very much appreciate your support on 
these long-term metrics and alternative recreational fishery 
management measures.
    The fisheries worked over 2019 to familiarize the councils 
with some of these provisions. Personally, I would like to 
mention that I'm an avid recreational fisherman and I do use an 
app on my smart phone. I do catch and release only but it logs 
my catches and uploads the data.
    Senator Wicker. Well, I'm glad to know that, and then so 
you understand what an economic impact this industry has on our 
entire nation, do you not?
    Dr. Jacobs. Oh, absolutely.
    Senator Wicker. Thank you very, very much.
    Senator Cantwell.
    Senator Cantwell. Thank you, Mr. Chairman.
    Mr. Johnson, I'm just going to admit right up front I'm 
probably not going to get as many questions in to you. So I 
would like to suppose this. I hope that you would be willing to 
give us timely responses to questions for the record.
    Mr. Johnson. Ranking Member Cantwell, absolutely. I will 
wait for the written questions and I will respond to them.
    Senator Cantwell. And----
    Senator Wicker. And please put it in lucid prose.
    [Laughter.]
    Mr. Johnson. Concisely.
    Senator Cantwell. And I'm sure that you understand the 
importance of the independence of this office.
    Mr. Johnson. I do, absolutely.
    Senator Cantwell. Thank you.
    Mr. Chairman, I'd like to enter into the record two letters 
to Mr. Jacobs and Mr. Fulton and a letter from Leader Schumer 
to Mr. Fulton, if I could.
    Senator Wicker. Without objection.
    Senator Cantwell. Thank you.
    [The information referred to was unavailable at time of 
printing.]
    Senator Cantwell. Dr. Jacobs, do you support increase in 
fishing stock assessments and surveys?
    Dr. Jacobs. Yes.
    Senator Cantwell. Thank you. Do you support funding for 
salmon recovery, habitat restoration, salmon hatchery 
production?
    Dr. Jacobs. Yes.
    Senator Cantwell. Most recently, tribes in Washington State 
experienced disasters as far back as 2013 and have been waiting 
for funding that was appropriated by Congress nearly 2 years 
ago.
    Senator Wicker and I have tried to fix many things in the 
fisheries disaster process. Do you support the Wicker-Cantwell 
bill, Fishery Failures and Urgent Needed Disaster Declarations 
Act?
    Dr. Jacobs. Yes.
    Senator Cantwell. Thank you. The Chairman in his wisdom has 
been thinking about NOAA Organic Act, which I very much 
support. Do you support having an organic act for NOAA?
    Dr. Jacobs. I can definitely see the benefit and look 
forward to working with you.
    Senator Cantwell. OK. I like your conciseness. OK. Back to 
weather and science, obviously Hurricane Dorian brought up some 
instances in which people thought maybe that science--well, 
let's just say that there were questions about that process.
    What can you do to assure that science is always first and 
weather forecasting and information as it relates to others who 
might want to, you know, change or, you know, influence from 
other agencies, I guess I would say?
    Dr. Jacobs. So that was--there are a lot of lessons learned 
in that, you know. So I guess in hindsight, we have examined 
our scientific integrity policy.
    I would consider it the gold standard among government 
science agencies, but one of the things that we realized in the 
scientific integrity policy was it doesn't address social 
media. It was mainly geared toward the peer review process.
    So we're working closely with the National Academy of 
Public Administration to re-examine how we can make our 
scientific integrity policy more robust. I can say I certainly 
support it. I would enforce it, but it also applies to me.
    Since I've been at NOAA, I have published two peer-reviewed 
journal articles. So I'm actually--it also applies to me.
    Senator Cantwell. OK. Back to science, what about Bristol 
Bay? Isn't this a major threat to the Pacific salmon?
    Dr. Jacobs. Well, there are five salmon species there. It's 
obviously an important ground. There's also other recreational 
fish species there. So we're definitely engaged in a targeted 
way and certainly view it as something that's important.
    Senator Cantwell. Well, I think, I hope you mean targeted 
in saying how devastating it would be if you had a gold mine in 
the middle of the largest fed waters of salmon.
    So, Mr. Fulton, if you could, I'm very interested in 
obviously INFRA funding and the fact that multimodal has a cap 
on it right now. Do you think we should lift that cap?
    Mr. Fulton. Senator, as you know, there is a cap for the 5-
year duration of the Nationally Significant Freight and Highway 
Program or the INFRA Program.
    We are evaluating options through the Surface 
Transportation Reauthorization to address that, but we've 
certainly heard a lot of interest from all of our stakeholders 
on that while we still want to prioritize the freight purposes 
for which the program was created.
    Senator Cantwell. So does that mean lifting the caps of 
more money? I think what we did is we started a program, thanks 
to predecessors who saw the benefit of moving freight, and 
particularly in a global economy, while we may hear now how--
who knows what process that we're in that will affect our 
economy, but nonetheless we're going to continue to grow in 
freight. So moving more dollars to prioritize freight seems to 
be critical. Do you agree with that?
    Mr. Fulton. Yes, Senator.
    Senator Cantwell. OK. On the implementation of PTC, what 
can we do, besides fining entities, to make sure that PTC gets 
implemented in a timely fashion?
    Mr. Fulton. Senator, this is something that, after 
receiving questions from your staff, I went and checked with 
the Federal Railroad Administration. Administrator Batory has 
been on top of this specifically with freight rail. They've had 
great success, but the continued engagement, bringing together 
the suppliers and the rail owners, making sure that they're 
connecting all the dots so they can have as much uptake as 
possible as the impending deadline approaches. So they have an 
engagement and active engagement program that they'll be taking 
from now through the end of the year to the deadline to make 
sure they can get as much adoption as possible.
    Senator Cantwell. So you're aware that there are people 
that have been before our committee from other transportation 
safety organizations who have great concerns that, you know, 
we're not doing something to make sure that that is implemented 
in a timely fashion? You're aware of those comments by NTSB and 
others?
    Mr. Fulton. Yes, Senator.
    Senator Cantwell. OK. Well, I know my time has expired, Mr. 
Chairman. We'll get more questions for Mr. Fulton. Thank you so 
much.
    Senator Wicker. Thank you, Senator Cantwell.
    Senator Fischer.

                STATEMENT OF HON. DEB FISCHER, 
                   U.S. SENATOR FROM NEBRASKA

    Senator Fischer. Thank you, Mr. Chairman.
    Mr. Johnson, how familiar are you with some of the historic 
struggles that certain Universal Service Fund programs have had 
with waste, fraud, and abuse as well as the FCC's efforts to 
crack down on manipulation of those Universal Service Fund 
programs?
    Mr. Johnson. Thank you for that question, Senator Fischer. 
I'm familiar with the work that the IG's Office, the current 
IG's Office at the FCC has done to look into Universal Service 
Fund fraud, waste, and abuse, and, of course, I'm also familiar 
with the creation of the Enforcement and Investigation Section 
within the FCC recently to enhance those efforts.
    So I understand that it's critical that with the amount of 
money and the importance of those projects that fraud, waste, 
and abuse be ferreted out. I, of course, do not have access to 
the specifics of those investigations inasmuch as they're not 
on the public record.
    Senator Fischer. In your testimony, you asserted that in 
your role as IG at the FCC that you would follow facts to where 
they lead and apply the law as is.
    How do you plan to use the resources that are going to be 
at your disposal efficiently and to be able to focus on high-
risk areas while maintaining a fair and impartial outlook?
    Mr. Johnson. Thank you for that question, Senator Fischer. 
I think this is a question of triage and you're asking where 
can the Inspector General's Office have the most impact and 
that involves first looking at the problem that we're 
evaluating, our ability to run that problem to ground, as well 
as the efforts of others within the agency or other agencies to 
avoid redundancy in investigation.
    Senator Fischer. And how are you going to do that?
    Mr. Johnson. You have to collect all that information, both 
understanding the nature of the investigation before you start 
it and doing careful planning about what it will entail, and 
obviously we'd rely on the experience within the OIG's Office 
to understand that, and also by communicating within the agency 
to understand all the Commission's other efforts, and 
communicating with other Inspectors General as well as the 
Department of Justice about potential investigations they may 
be performing.
    Senator Fischer. And then you make the decision on what to 
prioritize after you have that information?
    Mr. Johnson. That's correct.
    Senator Fischer. Thank you.
    Mr. Fulton, the Assistant Secretary of Transportation 
Policy is going to play a key role in developing the 
Administration's Surface Transportation Reauthorization 
proposed language.
    A critical policy for rural states in particular is the 
continuation of the Highway Trust Fund's Formula Funding 
Programs.
    Do you see a continuation of the Formula Funding Programs 
as priority for that reauthorization?
    Mr. Fulton. Yes, Senator.
    Senator Fischer. So you would make it a priority to 
continue to follow that?
    Mr. Fulton. I cannot guarantee what will come out of the 
interagency process, but I understand the will of Congress and 
will make sure that we carry on the bipartisan work of the FAST 
Act.
    Senator Fischer. Thank you.
    Dr. Jacobs, as you're aware, 2019 saw historic flooding 
across Nebraska that resulted in over $3 billion in losses. I 
understand Nebraska is considered to have an above normal risk 
of flooding along the Missouri Basin.
    Do you have any additional details on the flood outlook for 
my state?
    Dr. Jacobs. From everything I've seen, it looks to be 
slightly above average, above average snowpack. This is 
something that the National Water Center and the National Water 
Model is doing really well on.
    Of course, you know, it's pretty long range to forecast 
actual rainfall, but we're working very hard to integrate the 
atmospheric models with the National Water Model to better 
predict the flooding.
    Senator Fischer. Do you look at all of the Army Corps on 
their management of upriver [off microphone] and weather 
patterns impact?
    Dr. Jacobs. We work very closely with them as well as USGS 
because it's not just our ability to forecast the rainfall and 
the snowmelt and the flooding but also in order to understand 
the components in the National Water Model have to understand 
dam operators and how those work because that also plays into 
the stream flow.
    Senator Fischer. When you give that information to them, do 
you also give them an opinion on what needs to happen so that 
flooding can be controlled in a more responsible way?
    Dr. Jacobs. Typically, we make all of our information 
available to the public. There----
    Senator Fischer. But specifically to the other agencies?
    Dr. Jacobs. Everyone, other agencies, the general public, 
everyone has equal access to it. We put it all online in real 
time.
    Senator Fischer. But do you offer an opinion to other 
agencies on how the facts that you've gathered, what impact 
they could have on those facilities?
    Dr. Jacobs. We certainly at all of our different centers 
have trained meteorologists on call and to answer questions and 
support our products and services.
    Senator Fischer. Obviously states along major rivers, like 
the Missouri, my friend from Kansas next to me understands this 
well, the flooding that takes place and to be able to offer 
mitigation to that in a proactive way, I think, is extremely 
important.
    Thank you, sir.
    Senator Wicker. Thank you, Senator Fischer.
    Senator Tester.

                 STATEMENT OF HON. JON TESTER, 
                   U.S. SENATOR FROM MONTANA

    Senator Tester. I want to echo Senator Fischer's statements 
about the infrastructure and prevention and preparedness and 
all that stuff.
    I want to thank you all for being here. I'm going to start 
with you, Mr. Johnson, and that is, is that, the FCC IG is an 
important position. You know that. You are in my opinion our 
eyes and ears on the ground. I'm talking Congress's eyes and 
ears on the ground. You have to be independent. You have to be 
free to do what you need to do to hold people accountable.
    You have not been an IG before, correct?
    Mr. Johnson. That's correct, Senator.
    Senator Tester. So what do you think the biggest challenge 
you're going to have and don't take forever because I got a 
limited amount of time, but what do you think the biggest 
challenge you're going to have going into a field that is 
critically important for Congress without previous experience 
in this field?
    Mr. Johnson. I think the hardest part of the job is, as we 
just discussed, is prioritizing investigations. This is an 
agency with a lot of programs and expending a lot of dollars in 
order to provide broadband access and you have to intelligently 
pick where you use your resources.
    Senator Tester. So oftentimes with IGs, if they're doing 
their job, sometimes the relationship gets a little bit tense. 
It could potentially get tense with Chairman Pai.
    So if it gets tense, what are you going to do?
    Mr. Johnson. Well, the first thing is that you do work, 
that is, unimpeachable where the facts and the data and the 
conclusions are so tight that there's no personal animus, that 
the facts speak for themselves, and beyond that, if there is 
friction because of the results of those reports, that's not my 
concern.
    Senator Tester. OK. What do you feel your responsibility is 
to the Chairman and Ranking Member of this committee as IG of 
the FCC?
    Mr. Johnson. Well, this committee and the Committee and the 
taxpayers are the three key stakeholders to the IG and I 
believe that's why the IG Act was created in 1978 and why it's 
important today.
    So each of those stakeholders has a right to request 
information from the IG and the work that the IG produces needs 
to be focused on each of those stakeholders.
    Senator Tester. And I would hope--this is my two bits. I 
intend to vote for your confirmation, unless you've done 
something bad that we don't know about so far.
    Mr. Johnson. I don't think that that's true.
    Senator Tester. But the truth is, is that communication is 
critical. Communication is critical with the agency and 
communication is critical with Congress. If things are going 
bad, we need to know about it.
    Mr. Johnson. Absolutely.
    Senator Tester. OK. So the FCC took no action on the 
Mobility Fund investigation. They took no action. The companies 
overstated their coverage. There's no doubt about that. They 
took no coverage. The FCC is about to distribute billions of 
dollars in the Rural Digital Opportunity Fund and 5G Fund.
    What are you going to do if the FCC--no. What are you going 
to do--let's just put it that way--in regards to this whole 
thing? You know there has been mistakes made in the past. Is 
this going to be a high priority?
    Mr. Johnson. I think it is a priority. Absolutely. I don't 
know what is underway, of course, in the IG's Office right now, 
but it's something that the IG's Office needs to understand and 
needs to understand the data and the decisions.
    Senator Tester. Perfect. This is a question for you, Mr. 
Fulton. It's not breaking news. The Highway Trust Fund is about 
to go broke. Highways, last time I checked, are pretty damn 
important for commerce. Infrastructure in Rural America, since 
I come from one of those states, is very, very important.
    What are going to be your recommendations for bringing 
spending more in line with revenue?
    Mr. Fulton. Thank you for the question, Senator. So we are 
in the middle of an interagency process with our specific 
legislative language for Highway Trust Fund and for the Surface 
Transportation Reauthorization.
    The President has said all options are on the table in 
terms of addressing the Highway Trust Fund deficit and 
shortfall that we see coming up. So we're eager to work with 
Congress and through the interagency process to provide 
solutions and to work with you all to address these problems as 
we move toward a reauthorization.
    Senator Tester. You did really good but you didn't answer 
my question. What are your solutions?
    Mr. Fulton. Sir, all options are on the table and we're 
going to continue to do the research and provide the technical 
assistance to Congress on this matter.
    Senator Tester. So would you be opposed--and by the way, I 
get more letters on this in my office than any other single 
issue, increasing the gas tax, but would you be opposed to 
looking at the revenue side or would you be more inclined to 
cut the construction side?
    Mr. Fulton. The President has said all options are on the 
table. So that's what I have to say.
    Senator Tester. I gotcha. But the President isn't going to 
run your committee. He's not. If he does, we screwed up. You're 
the man. I hate to tell you but you got responsibilities.
    So I want to know your perspective and, look, all options 
on the table are great. I like you. I'll tell you the same 
thing. I intend to probably support you. This is an important--
--
    Senator Wicker. Time's up.
    Senator Tester. This is an important question, though.
    Mr. Fulton. Sir, I agree that this is an important 
question, but I don't want to speak out of line in terms of my 
current position and where I sit today.
    Senator Tester. Where you sit today?
    Mr. Fulton. I sit before you as a nominee for this 
position.
    Senator Tester. Wow. OK. Well, thank you all for your 
willingness to serve.
    Mr. Fulton. Thank you, sir.
    Senator Wicker. Senator Tester, I think you and I both 
agreed that maybe we should bring revenues in line with 
infrastructure needs.
    Senator Tester. There's no doubt about that. Our kids are 
going to hate us if we don't.
    Senator Wicker. Senator Moran is next.

                STATEMENT OF HON. JERRY MORAN, 
                    U.S. SENATOR FROM KANSAS

    Senator Moran. Mr. Chairman, thank you very much, and now 
knowing that you have constituents from Mississippi in the 
audience, I take back my statement that you lack credibility.
    [Laughter.]
    Senator Moran. And, Dr. Jacobs, I'm here in significant 
part because I wanted to have a conversation with you and 
you've made yourself available. We just didn't get it 
accomplished but before I ask a couple of questions, let me 
express my gratitude to Mr. Fulton. He and I had a kind of off-
hand by ad hoc conversation in the hallway several days ago and 
it was useful to get acquainted with you and I appreciate your 
willingness to serve.
    Mr. Johnson, I don't know you, but I am very impressed with 
your demeanor, intellect, background. I do believe the 
Inspector Generals are a huge component of our ability to 
appropriately govern. I want the committees that I'm involved 
in to pay attention to Inspector Generals. I want to be helpful 
in getting agencies and departments to comply, to react and 
respond appropriately to Inspector Generals' reports.
    Congress needs to do greater oversight and the Inspector 
General can be our greatest ally. So I wish you well in your 
endeavors. You also gave me material to talk to my colleague 
from Nebraska when you indicated that--oh, no, it's Dr. Jacobs 
indicated that Nebraskans are above average. We'd never known 
that in Kansas before and I thank you----
    [Laughter.]
    Senator Moran. I thank you for that realization.
    Dr. Jacobs, you and I know each other well, although I 
hardly recognize you this morning. Facial hair is new to me. We 
spent time together as an appropriator. We spent time together 
in South Carolina and Florida looking at oceanographic and 
weather issues.
    I'd like to reiterate my desire to have you come visit 
Kansas where we would spend--and you've agreed to do so and we 
need to work to accomplish that, where oceans are several 
million years in our past but weather is a significant 
component of our daily lives, and I would welcome the chance 
for you and I to spend time together in that regard.
    When I became Chairman of the Appropriations Committee that 
funds NOAA, I had to attempt to learn more about oceans, about 
oceanography, and as a result of that position I occupied, 
people now visit with me that I never had conversations with 
Kansans about.
    One of them is about ocean fishing and I in my research 
learned that the Chairman of this Committee, Senator Wicker, 
has written you a letter. I have been approached and been 
seemingly convinced that there is attention needed when NOAA 
announced it would reopen the Surface Long Line Fishery in the 
entire Gulf of Mexico, which I have been told and perhaps I'm 
convinced has negative implications on Western Atlantic bluefin 
tuna population, again a topic that I have spent little time in 
my life or service in the Senate dealing with.
    All I would ask you today is if we could set a time for me 
and you and perhaps somebody else from NOAA, if that's what you 
desire, to have a conversation about concerns that are being 
raised to me by commercial fishermen and women and by 
oceanographic conservation organizations.
    I want to see that--that rule is in the works and I want to 
see if there's anything that could be done to make that rule 
different or better.
    Dr. Jacobs. Absolutely. Look forward to working with you on 
this. The primary concern with the Strategic Long Line Fishery 
for swordfish is the incidental bycatch of bluefin tuna.
    It turns out that by implementing hooks that are actually 
physically weak, time area closures, electronic monitoring in 
key restricted areas all simultaneously, it appears that these 
measures are actually very effective to the point where a lot 
of the fishermen aren't even reaching their quotas.
    So I think this is largely a good news story because the 
swordfish fisheries rebuilt and remain strong, but I definitely 
look forward to working with you on this.
    Senator Moran. Would those individuals and organizations 
that have visited with me about this, would they reach the same 
conclusion? If they knew those facts, this would satisfy their 
concerns?
    Dr. Jacobs. I don't know to the extent that they've seen 
the data, but we would certainly look forward to working with 
not just you but them, as well.
    Senator Moran. I appreciate that. Mr. Chairman, thank you.
    Senator Wicker. Thank you, Senator Moran.
    Senator Sullivan.

                STATEMENT OF HON. DAN SULLIVAN, 
                    U.S. SENATOR FROM ALASKA

    Senator Sullivan. Thank you, Mr. Chairman, and, gentlemen, 
thank you for your willingness to serve very important roles 
here.
    I'm going to have several questions for all of you. I'll 
submit a number of them for the record because I probably won't 
get to even a small amount.
    First, I want to get all of your commitments to soon after 
your confirmation, I plan on supporting all three of you, get 
up to the great state of Alaska either with me or my staff so 
you can see some of our challenges. Can I get a commitment from 
each of you to do that?
    Dr. Jacobs. Yes.
    Mr. Fulton. Yes, sir.
    Mr. Johnson. Yes, Senator.
    Senator Sullivan. 40 below in Fairbanks right now. So you 
can come in the winter. You don't always have to come in the 
summer but any time we are going to welcome you.
    Mr. Johnson, I appreciated our discussion yesterday about 
some of my ongoing serious concerns with the FCC. So I'm going 
to look forward to following up with you on that. Good to see 
some of your fellow Marines here. It's always nice to have them 
in the room.
    Dr. Jacobs, I also appreciated our meeting. You know, you 
and I and my state and NOAA have a million different issues 
that we need to be focused on as we talked about in my office.
    I want to talk about just a few here. Senator Cantwell had 
already highlighted one, the issue of surveys, and, you know, 
that's a core mission of NOAA.
    As you know, when surveys get reduced, the data gets 
reduced and, you know, the limitations on the ability to fish 
are often taken. I try to get home every weekend. I literally 
heard from hundreds of Alaskans who are concerned about this.
    As you know, we are the super power of seafood. Over 60 
percent of all the seafood harvested in America comes from 
Alaska's waters.
    So how are you going to prioritize NOAA's core mission and 
can I get your commitment, and this is really important to me, 
that the survey coverage for Alaska doesn't decline? It's 
declining now. It seems to be a NOAA core mission, particularly 
a fishery so important as Alaska's, which is considered again 
because of these surveys and data, that probably the best-
managed, most sustainable fishery on the planet Earth, but 
there's really deep concern about this.
    I'd like your commitment that we're not going to reduce 
surveys and at minimum, a very, very minimum keep them at the 
historic level, but right now the trends are going in the wrong 
direction, and I have a lot of concerned constituents.
    Dr. Jacobs. It's a fantastic fishery and I definitely 
commit to working with you on this.
    Senator Sullivan. But working with me on not reducing the 
survey coverage?
    Dr. Jacobs. Making sure we do everything that we can to get 
the survey information and the data that you're asking about.
    Senator Sullivan. How about a commitment to at least 
continuing the historic levels of survey coverage in Alaska? 
There's a lot of change that's going on in the ocean throughout 
the world but certainly in my state and that's impacting in 
some ways negatively what's happening with our sustainable 
fisheries.
    So can I get that minimum commitment? It's very important 
for me.
    Dr. Jacobs. I'll have to go back and look at the numbers, 
but I certainly don't see why we can't try to figure this out.
    Senator Sullivan. Well, I appreciate that, but maybe we're 
going to have maybe an additional discussion here. It's really 
important that I get a definitive answer on this issue for my 
constituents.
    Another issue that you and I talked about, Federal law 
directs that NOAA Vessel Fairweather to be home ported in 
Ketchikan, Alaska. The pier, unfortunately, was condemned in 
2008. Since that time, NOAA has not put up funds to repair it. 
So the Fairweather was moved to outside of Alaska which I 
believe violates Federal law.
    So we have been working, got some legislation passed that 
the State of Alaska can actually help with the funding, which 
is unusual but that's how important we see the Fairweather to 
Southeast Alaska.
    So we've put up, this community of Ketchikan and the state 
have put up roughly $7.5 million for the pier. NOAA's committed 
a million.
    Can I get your commitment to make the construction of this 
project a priority until we, and I say we collectively, have 
succeeded in permanently returning the Fairweather to the 
community where it's statutorily required to be and which is 
Ketchikan, Alaska?
    Dr. Jacobs. It's absolutely a priority. We met with the 
mayor last week on transferring the funds to move forward with 
Phase 1 and look forward to designing Phase 2 with you.
    We also have worked out an agreement with the Coast Guard 
to make sure that the Fairweather is based in Ketchikan a 
hundred days per year, both this year and in 2021.
    Senator Sullivan. Great. Thank you. I want to continue 
working on that.
    Mr. Chairman, if I may, just one final question for Mr. 
Fulton.
    Mr. Fulton, I want to call to your attention a recent 
report issued by the National Transportation Safety Board 
calling for the Federal Aviation Administration to take a more 
comprehensive approach to improving aviation safety in Alaska.
    I'm going to submit that for the record, Mr. Chairman, the 
recent report that I have here.
    [The information referred to follows:]

    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
    

    Senator Sullivan. I'm not going to let this be another 
forgotten NTSB report. We have really big safety challenges in 
my state because aviation is so important to so many 
communities.
    Can I get your commitment to work with this committee, the 
FAA Administrator on a comprehensive plan that the NTSB has 
called for to fix these safety issues in Alaska? Some people 
come back and say, well, it's expensive. It's expensive, but 
it's important.
    So can I get your commitment on that?
    Mr. Fulton. Yes, Senator.
    Senator Sullivan. Thank you.
    Thank you, Mr. Chairman, and I will have several additional 
questions for the record.
    Senator Wicker. Thank you, Senator Sullivan.
    Dr. Jacobs, a little over a year ago, the Commercial 
Engagement Through Ocean Technology Act or CENOTE Act became 
public law supporting the need to push the development and 
application of unmanned systems in the United States.
    What actions has NOAA taken to implement this law?
    Mr. Fulton. So NOAA's actively working to expand our 
unmanned maritime systems in many ways. We recently released a 
UXS Strategy that highlights coordination with both DoD and the 
private sector. This builds upon the Fiscal Year 2020 
investments.
    Of course, we're centralizing some of our operational 
systems and also the Gulfport Study with OMAO. We'll have that 
done in November 2020.
    Senator Wicker. When was the strategy released?
    Dr. Jacobs. It was released a couple months ago.
    Senator Wicker. OK.
    Dr. Jacobs. And again this is a top priority for us and 
very much appreciate being at the groundbreaking at the 
Gulfport facility with University of Southern Mississippi.
    Senator Wicker. How will you as NOAA Administrator promote 
continued coordination within NOAA and other government 
agencies and with the private sector to maximize the 
opportunities presented by unmanned maritime systems?
    Dr. Jacobs. Well, for the first time NOA is a full partner 
with the Navy and the annual Advanced Naval Technology Exercise 
where we study a lot of different technologies and so we're 
definitely working with them on this.
    At the Undersea Warfare Center in Newport, Rhode Island, as 
well as the Naval Meteorology Oceanography Command in Stennis.
    Senator Wicker. This is an increasingly important issue, is 
it not?
    Dr. Jacobs. Absolutely.
    Senator Wicker. Let me then turn to Mr. Fulton. Let's talk 
about automated vehicles.
    While the Committee's efforts on automated vehicle 
legislation is likely to exclude larger vehicles, such as 
trucks and buses, in recent years DOT has issues guidelines for 
the safe testing of automated vehicles. We're now on our fourth 
version and that has included a number of agencies, including 
NHTSA, PHMSA, AHWA, and FTA.
    How has the department worked across various transportation 
modes to advance policy for the safe testing and deployment of 
automated vehicles and, if confirmed, how do you plan to build 
on such efforts?
    Mr. Fulton. Thank you, Senator. So coming into this 
Administration, the previous Administration had actually 
released an initial Federal Automated Vehicle Guidance policy. 
We took that work and we crystallized it into Automated 
Vehicles 2.0, a Vision for Safety.
    This serves as the cornerstone. The safety approach drives 
the cornerstone for all of our actions going forward. We took 
this approach to create a Preparing for the Future of 
Transportation AV 3.0. This Keeping Safety as the Cornerstone 
lays a foundation for all the department's activities going 
forward.
    We took this approach and worked with our interagency 
partners throughout the Federal Government, which included 38 
agencies, to ensure safety stayed as the top priority for the 
entire government as we developed a whole of government 
approach to the safe development and full and safe integration 
of automated vehicles throughout our transportation system.
    So while Keeping Safety is the approach, the priority for 
all of our engagements, we've been able to move this throughout 
the Federal Government so that all the tools, assets, research 
and grant-making dollars that are available and enforcement 
authorities that are made available throughout the Federal 
Government can be at the hands of all of our stakeholders that 
care about this.
    We put that document out for public comment and we expect 
to get comments back on April 2. That will really help shape 
our comprehensive plan that we're going to be developing and 
publishing later this year and we intend to have some 
stakeholder work sessions this summer to develop that document 
further.
    Senator Wicker. Thank you. And next, with regard to NETT 
Councils, Nontraditional and Emerging Transportation 
Technology, one issue we will consider in the Surface 
Transportation Reauthorization is how best to foster 
innovation, safety advancements in the transportation sector. 
Last year Secretary Chao established the NETT Council to 
identify regulatory gaps.
    Given your role at DOT, how do you see the NETT Council 
facilitating further coordination and what do you see as the 
future of the NETT Council?
    Mr. Fulton. Thank you, Senator. As you said, the Secretary 
created the NETT Council roughly a year ago in March. We have 
taken a number of stakeholder meetings and put out a request 
for comment from a number of our stake-holders around the 
country.
    From that comment, one of the main things we heard is the 
regulatory uncertainty for these new types of technologies, the 
challenges that don't fall neatly into a modal silo, the legacy 
modes from the Department of Transportation.
    We do need a convening mechanism to provide that regulatory 
clarity. We hope to be able to provide some of that clarity in 
the near future as it pertains to things like hyperloop systems 
but also building upon our work with the automated vehicles, 
drones, and our data initiatives, bringing it all together so 
that we make sure the department has one approach to these 
technologies that makes the most sense and can take advantage 
of all of the research and work being done throughout the 
department.
    Senator Wicker. Has anything come to fruition there yet?
    Mr. Fulton. Sir, I hope that something will be able to be 
presented to you in the near future.
    Senator Wicker. All right. Well, let's move on to DOT 
grants. The committee will consider DOT grant programs as we 
look at authorization legislation next year.
    Given your experience, Mr. Fulton, on administering grant 
programs, can you speak to the importance that DOT grant 
programs, such as BUILD, INFRA, and particularly the Port Grant 
Program, play in infrastructure needs?
    Mr. Fulton. Absolutely. So we did call out those programs 
in particular in the Presidential budget that was recently 
released. We do intend to authorize these programs for the 10 
years' duration, specifically BUILD and INFRA, and as we do 
that, we look to take upon the complimentary natures of these 
programs to make sure that stakeholders and project sponsors 
that are willing and interested to apply to these have more 
clarity in which programs best fit them.
    One of the things that we think we can build upon through 
the ROUTES Initiatives is making sure that we're responsive to 
all stakeholders, helping them understand the assets and 
resources and the appropriate grants that they should be 
applying for.
    They can be available to them today. We have over 60 grants 
in the Department of Transportation. Some of them have been 
appropriated, not authorized. Some of them are one-time funds, 
but making sure that these resources are available to all of 
our stakeholders is something that's going to be a priority 
going forward.
    Senator Wicker. Well, when you say specifically BUILD and 
INFRA and you don't say Port Grant Program, it makes me wonder 
why you put it that way.
    Mr. Fulton. Apologies.
    Senator Wicker. Do you consider the Port Grant Program to 
be something that will receive adequate and additional 
attention going forward?
    Mr. Fulton. I do believe so and also it's something that 
was appropriated in this last appropriations round. So we 
intend to put those grants out along the same timeline as BUILD 
this year, which I believe should be out, the congressional 
deadline is by November. So I think the BUILD congressional 
deadline is actually by September and the Ports deadline is 
looking like November.
    Senator Wicker. Thank you.
    And, Mr. Johnson, an FCC investigation into whether major 
mobile carriers submitted inaccurate data, inaccurate coverage 
data to the agency as part of the Mobility Fund Phase II 
Program determined that the data submitted was not reliable or 
accurate enough for the challenge process and ultimately 
overstated culture.
    While the agency did not choose to further investigate or 
penalize carriers, this inaccurate data submission highlights 
an ongoing problem.
    How do you intend to ensure that the FCC is collecting data 
that is accurate and reliable and that providers submit data 
that inaccurately states coverage are held accountable?
    Mr. Johnson. Thank you for that question, Senator Wicker.
    Coverage data has been an issue, as you know, for some 
time, and it's crucial to how the FCC decides whether its 
programs should focus and where its dollars should be spent.
    I don't know currently what efforts are underway in the 
Inspector General's Office, if any, with regards to this issue, 
but the first step is obviously to determine what they're 
currently doing and then beyond that, of course, this is an 
issue that merits further investigation. Whether that's through 
the IG's Office or whether that's through a different part of 
the Commission depends on current efforts of which I'm not 
aware because none of those, to my knowledge, are public.
    Senator Wicker. The Senate late yesterday afternoon passed 
by unanimous consent the Broadband Data Act which will require 
FCC to update and change the way broadband data is collected, 
verified, and reported.
    I believe we've sent that to the President, have we not? 
Today. I believe that will go on to the President today, and we 
are expecting his signature.
    I view it as an important bipartisan/bicameral achievement 
and I hope that is helpful in making sure that we get the funds 
to the places that need it and that the maps are accurate.
    So just be advised about that and my congratulations to 
everyone involved in that. We did a live unanimous consent 
yesterday to make sure it actually got done.
    Mr. Johnson, in recent months, the FCC has issued notices 
of apparent liability to the Nation's four largest wireless 
carriers alleging that they have not taken the appropriate 
steps to safeguard customers' location information.
    What do you think is the appropriate course of action in 
response to this, if indeed providers sold access to consumer 
location information without measures to protect customer 
privacy?
    Mr. Johnson. Thank you for that question, Chairman Wicker. 
I think there are both policy and legal remedies to that 
problem. I mean, of course, on the one hand, there are 
legislative and regulatory responses and, on the other hand, 
there are potentially legal actions that could be taken on 
behalf of consumers to protect their data.
    It seems to me that all of those options should be 
considered, depending on the specific contracts for the 
consumers and how the data was released and used.
    Senator Wicker. Thank you.
    Let me just note I think these are three of the best 
witnesses we've had before the Committee in a long, long time. 
It's been refreshing to hear the give and take and to have the 
benefit of some very thoughtful answers from some very talented 
and skillful public servants. So thank you for this.
    The hearing record will remain open for two weeks. During 
this time, Senators are asked to submit any questions for the 
record with the final submission deadline being close of 
business on Wednesday, March 25, 2020.
    The committee asks the witnesses that, upon your receipt of 
any questions for the record, that you submit your written 
answers to the Committee as soon as possible but no later than 
close of business on Wednesday, April 8, 2020.
    And with that, I conclude the hearing and thank the 
nominees again for their willingness to serve and testify 
today.
    We're adjourned.
    [Whereupon, at 11:27 a.m., the hearing was adjourned.]

                            A P P E N D I X

    Response to Written Question Submitted by Hon. Roger Wicker to 
                          Hon. Dr. Neil Jacobs
    Question. NOAA Fisheries has announced a decision to reopen for 
commercial fishing two areas in the Gulf of Mexico that were previously 
closed during April-May, to protect spawning bluefin tuna. Can you 
explain why the agency made this decision, given that removing these 
seasonal closures could negatively impact the already depleted bluefin 
tuna population without securing any significant socioeconomic gain?
    Answer. NOAA Fisheries recently announced measures that provide 
more fishing opportunities for vessels targeting Atlantic swordfish and 
some tuna species. We will continue under these measures to protect 
bluefin tuna from overfishing. The changes give fishermen using pelagic 
longlines access to new fishing areas originally closed to reduce the 
number of bluefin caught unintentionally.
    Regardless of where or when they fish, longline fishermen are still 
not allowed to target bluefin tuna. They can keep some caught 
unintentionally, but they have to stay within their individual 
allocation of the U.S. bluefin quota. This allows them to fish for 
economically valuable species like swordfish and other tunas while 
protecting bluefin. The measures are in part a response to the success 
of the Individual Bluefin Quota (IBQ) Program in reducing bluefin 
bycatch. We also designed the measures to help reverse a trend of 
under-harvesting the U.S. swordfish quota.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Deb Fischer to 
                          Hon. Dr. Neil Jacobs
    Question 1. As you know, Nebraska experienced historic flooding in 
2019. To prepare for future flooding, we need to know that Federal 
agencies are in sync and providing accurate, timely data to state 
stakeholders. Can you tell me how you will work to coordinate with 
other agencies, particularly the U.S. Army Corps of Engineers, the U.S. 
Geological Survey, and USDA's Natural Resource Conservation Service to 
improve weather and climate forecasts developed by NOAA? How is data 
gathered by the above agencies utilized and shared, and is it 
integrated into NOAA modeling and forecasting?
    Answer. As part of regional efforts to enhance Federal agency 
support for the historic flooding in Nebraska, on February 13, NOAA 
chaired the Missouri River Basin Interagency Roundtable (MRBIR) in 
Omaha, NE. MRBIR is a Federal interagency collaboration, including USGS 
and the USACE, to mitigate the impacts of weather, water and climate 
extremes in protecting lives, property, economic prosperity and natural 
resources in the Missouri River Basin. NOAA is also working with USGS 
and USACE through the Forecast-Informed Reservoir Operations (FIRO). 
FIRO is a management strategy that uses data from watershed monitoring 
and modern weather and water forecasting to help water managers 
selectively retain or release water from reservoirs in a manner that 
reflects current and forecasted conditions in the Russian River Basin. 
While participating in FIRO and chairing MRBIR, NOAA has worked with 
the states, tribes and Federal agencies to maximize the use of NOAA 
operational and experimental products and services to more effectively 
balance flood and drought risks in the Missouri River Basin and Russian 
River Basin.
    While USGS, USACE, and NRCS data are critically important to NWS 
water and flood prediction, their data do not impact our weather and 
climate forecasts. USGS stream and river gauges are an essential 
component of information for NOAA NWS operational river and flood 
forecasting and warning. It is also critical for the NWS to work with 
the USACE as they control the release of water from several Federal 
dams. Without these critical data and information, NWS river and flood 
forecasts and warnings would not be as accurate or timely as they have 
been. NOAA has a strong and effective working arrangement with both 
USGS and USACE to obtain the information we need to support our 
operations. It is mostly an automated process to ingest the data, 
especially with USGS stream gauge data and we are working with the 
USACE to similarly receive their dam release information. These data 
are integrated into NWS River Forecast Models to provide the stream and 
flood forecasts. NOAA/NWS also use other essential data, such as soil 
moisture from NRCS, as well as seasonal snowpack information and how 
much ``liquid'' is held in that snow, which will melt and release into 
the streams and rivers.
    It is a complex process to assimilate all the available data into 
our hydrologic prediction models and it is only through our excellent 
working partnerships that allow the NWS to produce timely and accurate 
river and flood forecasts and warnings. I will continue to support the 
working agreements NOAA has in place with USGS, USACE and NRCS to 
ensure we continue to use these critical data in our water forecast 
models.

    Question 2. The National Drought Mitigation Center, housed at the 
University of Nebraska at Lincoln, provides critical drought 
forecasting information to people across the country, including those 
in the agriculture community. Additionally, the High Plains Regional 
Climate Center, also located at UNL, provides valuable information to 
stakeholders on past and current climate conditions. As NOAA 
administrator, will you continue to support both the National Drought 
Mitigation Center and the Regional Climate Centers program? 
Additionally, are there ways NOAA can better coordinate its work with 
these programs going forward to improve weather and climate 
forecasting?
    Answer. The President's FY 2021 Budget Request continues funding 
support for the National Integrated Drought Information System (NIDIS), 
which funds the National Drought Mitigation Center (NDMC). NOAA's 
regional research and services collaborations offer valued 
opportunities for coordination across our place-based entities, such as 
our Weather Forecast Offices, River Forecast Centers, National Centers, 
and our university and Federal agency partners. One past project, 
funded at the High Plains Regional Climate Center through NOAA climate 
research funding supported a project on increasing the capacity for 
municipal climate adaptation planning in the Lower Missouri River Basin 
States. The multidisciplinary team worked with cities across Nebraska, 
Kansas, Missouri and Iowa and produced interactive web tools accessible 
to local and state decision makers. Continued support for programs like 
these will help improve our weather and climate forecasting and 
stakeholder accessibility to this valuable information.

    Question 3. NOAA's FY 2021 budget justification says NOAA wants to 
establish a Tornado Warning Improvement and Extension Program. Can you 
elaborate on the need NOAA has for this program, provide additional 
details on how the program would work, and the goals of the program?
    Answer. Improving the accuracy and timeliness of tornado forecasts, 
predictions, and warnings is a priority for NOAA. The Weather Research 
and Forecast Improvement Act directs NOAA to establish a Tornado 
Warning Improvement and Extension Program (TWIEP) and the FY 2021 
request includes an increase of $3.2 million to accomplish this. With 
this increase, the TWIEP will carry out research and leverage existing 
resources to advance NOAA's tornado observing systems, thunderstorm-
scale computer models, and risk communication approaches. The 
overarching goal of TWIEP is to reduce the loss of life and economic 
losses from tornadoes. To this end, TWIEP will work to improve 
assimilation of data from observing systems, including conventional and 
advanced radar technology, provide high resolution, convection-allowing 
(thunderstorm-scale) computer prediction models, including the High 
Resolution Rapid Refresh (HRRR) and Warn-on-Forecast systems, and 
modernize NOAA's approach to risk communication, informed by social 
sciences, and delivered to decision makers, the public, and weather 
enterprise stakeholders before, during, and after tornado events.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Dan Sullivan to 
                          Hon. Dr. Neil Jacobs
    Preface: Alaska comprises about 60 percent of the Nation's total 
fisheries landings. In Alaska, historically, we have had five 
groundfish survey vessels annually to cover the North Pacific. 
Projections by the Alaska Fishery Science Center are clear that future 
funding scenarios result in a reduction to either three or four survey 
vessels, notwithstanding a recent critical need to expand survey effort 
(one vessel) into the Northern Bering Sea on an annual basis.

    Question 1. In the Gulf of Alaska in particular there have 
historically been 3 survey vessels to conduct bottom trawl groundfish 
survey every other summer (odd years). In recent years, survey effort 
has been cut to 2 vessels. To accommodate two vessels, some survey 
stations have been dropped completely and others have been reduced. 
This increases uncertainty and reduces robustness in groundfish biomass 
estimates and creates the possibility of reduced quotas when factoring 
in the uncertainty. In addition, the Pacific cod fishery in the Gulf of 
Alaska has experienced higher than normal natural mortality and poor 
recruitment due to the marine heatwave that occurred across the Gulf of 
Alaska in 2014--2016. This heatwave resulted in such low stock status 
that it required the closure of all Federal Gulf of Alaska cod 
fisheries in 2020. The Gulf of Alaska fisheries support many rural 
Alaska communities, fishermen and processors. How can you balance 
NOAA's core mission to conserve and manage marine resources if these 
essential surveys are not adequately funded?
    Answer. Maintaining the Alaska Fisheries Science Center (AFSC)'s 
research surveys and staffing to support stock assessment, and 
management of fisheries, and protected resources is a priority for NOAA 
because the fishery is critical.
    In FY 2019, NOAA Fisheries prioritized existing nation-wide base 
resources to provide nearly $2.0 million in additional surge funds to 
Alaska Seafood Cooperative specifically to fund one of the five charter 
vessels needed to conduct the bottom trawl survey for that particular 
year. In FY 2020, NMFS was appropriated an additional $2.0 million to 
maintain historical surveys for Alaska and West Coast groundfish. With 
these funds, both prioritized within NMFS base resources, and increases 
from FY 2020 appropriations, the AFSC plans to utilize six vessels to 
conduct three bottom trawl surveys in FY 2020. However, in light of the 
coronavirus pandemic, all NOAA ships have been recalled to port, and 
all planned surveys for FY 2020 are currently on-hold. We are now 
evaluating each survey (OMAO and charter vessels) to determine target 
restart dates to resume operations.
    NOAA and NOAA Fisheries mission support costs, such as inflationary 
costs associated with facilities maintenance, rent, and labor are also 
a constraint that impact our available operational funding. While the 
overall budget for NOAA Fisheries increased in FY 2020, these necessary 
mission support costs have also continued to increase. To the extent 
possible, NOAA Fisheries tries to anticipate, plan for, and mitigate 
potential survey impacts from these resource constraints.
    Additionally, the AFSC has taken a number of steps including 
cutting lower priority research activities and managing Federal 
staffing to further minimize impacts of rising costs. We also continue 
to investigate novel ways and scientific innovations to maximize our 
existing resources. In Alaska, this includes development of innovative 
acoustic data collection systems to supplement ship-based sampling, 
high resolution coupled bio-physical ocean models to inform stock 
assessments and management, increasing cooperative research 
partnerships with industry and subsistence-based communities, and 
quantitative analyses of the effects of spatial coverage on survey 
uncertainty.

    Question 2. In Alaska, we are seeing the Nation's highest volume 
fisheries (wild Alaska pollock and Pacific cod) shift to the Northern 
Bering Sea. In last year's (2019) Bering Sea surveys, 41 percent of the 
total Pacific cod biomass was in the Northern Bering Sea, and in the 
past two years, 18 percent to 30 percent of the pollock biomass was in 
the Northern Bering Sea. These significant changes from the historical 
time series suggest that we must make the Northern Bering Sea survey a 
core, annual survey of NMFS; currently it is not considered core and is 
subject to temporary and uncertain funds. Can NOAA commit to expanding 
our core surveys to the Northern Bering Sea in order to respond to 
ecosystem and climate-driven changes? What solutions can NOAA 
leadership generate to meet historical and expanded definitions of core 
surveys?
    Answer. With the additional challenge of a rapidly changing marine 
environment and the subsequent expansion of species distributions, the 
complexity and geographic scope of the NMFS mission in Alaska has also 
increased. The northern Bering Sea bottom trawl survey was first 
accomplished in 2010, and due to changing environmental conditions 
(e.g., loss of sea ice), has been conducted annually from 2017 to 2019. 
This survey was planned to be conducted in 2020 before the coronavirus 
pandemic. We will conduct it if possible, as this and the survey of the 
southeastern Bering Sea are a very high priority.
    In the last three years, due to the expansion of commercial species 
such as cod and Pollock into the northern Bering Sea (and possibly the 
southern Chukchi Sea), the AFSC added survey coverage and 276-person 
sea days to bottom trawl survey efforts of the 198,858 km\2\ northern 
Bering Sea. NMFS is continuing work through options to retain 
historical surveys and prioritize core surveys within funds available. 
We are also exploring novel observation techniques, such as eDNA and 
autonomous UxS platforms, as ways to supplement the surveys with 
additional data.

    Question 3. NOAA ships provide important survey data. In the North 
Pacific, the Oscar Dyson has had to cut survey days due to delays in 
the shipyard, supply deliveries, and staffing. How can NOAA ships more 
efficient to maximize survey days?
    Answer. NOAA has made specific changes to address shipyard and 
maintenance delays to our vessels: The 2018, 2019 and 2020 Consolidated 
Appropriations Acts provided increased funding to address the nearly 
$32 million deferred fleet maintenance backlog and enabled significant 
improvements in fleet maintenance practices.
    Actions include:

   Developed detailed 10-year maintenance plans for all ships 
        to better plan and fund ship maintenance

   Conducting yearly material condition assessments to inform 
        maintenance planning, providing increased competition, better 
        pricing and economies of scale

   Implementing maintenance improvements identified in the 
        ``Marine Operations Maintenance Benchmark Study''--a detailed 
        analytical study of NOAA, academia, and international research 
        fleets' maintenance practices

   Created 15-person acquisition team with specialized ship 
        experience; established IDIQs for dockside and dry dock repairs 
        and shipyard lodging contracts

   Using a supplemental maintenance team for preventative 
        maintenance repairs

    Additionally, OMAO has worked with other NOAA line offices to 
ensure that the NOAA vessels are multi-mission capable. For example, in 
FY19 Dyson was delayed in a shipyard and NOAA Ship Bell M. Shimada was 
able to quickly reconfigure and conduct the National Marine Fisheries 
Service Walleye Pollock Shelikof/Chirikof Shelf-break Pre-spawning 
survey, traditionally completed on Dyson.

    Question 4. Congress provided additional survey funds (FY20 
enacted) and report language was clear that those funds were intended 
to support maintaining historical survey capacity in Alaska. Can you 
explain how decisions are made that leave core Alaska survey work 
unmet, even when Congress increases funds? Given cost-benefit 
considerations of the Alaska commercial fishery and environmental 
changes, how do Alaska's core surveys not become a clear priority?
    Answer. A high priority for NMFS and the Alaska Fisheries Science 
Center (AFSC) continues to be staffing and securing vessel time for 
research surveys that support stock assessments, and management of 
fisheries, and protected resources. NMFS' ability to execute all high 
priority research is based on available funding and constrained by 
increasing fixed costs and changing environmental conditions that have 
significantly increased the scope of our mission. With the increase of 
$2.0 million provided for NMFS to maintain historical surveys in Alaska 
and the West Coast, $1.1 million was distributed to AFSC, and $0.9 
million to the Northwest Fisheries Science Center. These funds were 
critical in allowing the AFSC to utilize six vessels to conduct three 
bottom trawl surveys in FY 2020.

    Question 5. Similar to the last question, given efforts by Congress 
to increase appropriations to collect these core data, can NOAA verify 
how much in funding would be needed to fully fund core surveys in 
Alaska going forward? All things considered, what is the realistic 
price tag and how can we ensure survey funds are spend as Congress 
intended?
    Answer. NMFS has a variety of surveys planned for FY 2020. As part 
of a national level effort, all NMFS science centers are compiling 
estimated costs for all surveys conducted, and these estimates should 
be available in by Summer 2020. The Alaska bottom trawl surveys, one 
group of surveys focused commercial fish species in Alaska, is 
estimated to cost approximately $12 million utilizing six vessels in FY 
2020. This estimate includes both the contract costs for the survey 
vessel, as well as NMFS staff time for preparations, surveys, and data 
analysis. We very much appreciate Congress' interest and are grateful 
for the support for NMFS' survey and stock assessment enterprise, and 
we will continue to provide updates to the Committee and our plans and 
resource requirements.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Maria Cantwell to 
                          Hon. Dr. Neil Jacobs
    COVID-19. The COVID-19 pandemic has resulted in consequences for 
geoduck exports to China and for commercial sales of fresh seafood 
products in domestic markets. Pacific Northwest shellfish companies are 
suffering, yet they don't qualify for assistance under the NOAA fishery 
disaster program.

    Question 1. Will you work with Congress to come up with solution to 
help the commercial and Tribal shellfish industries as they experience 
impacts from COVID-19 related economic impacts?
    Answer. Section 12005 of the CARES Act authorizes the Secretary of 
Commerce to provide $300 million in appropriated funds to assist 
fishery participants affected by the novel coronavirus (COVID- 19). 
NOAA Fisheries understands the urgent need for these funds, and our 
overarching goal is to distribute the assistance as quickly as 
possible. To that end, we are working daily with the Department and our 
Federal partners to finalize a process to expedite the distribution of 
Sec. 12005 funds, consistent with the direction provided by Congress. 
We will post details about the process for stakeholders and partners 
here.
    Other provisions in the CARES Act will help NOAA maintain 
continuity of operations and support the continued success of our 
Nation's fisheries. The $20 million identified for NOAA is essential 
for continued provision of life-saving services and for keeping our 
workforce safe.
Hiring Backlog.
    Question 2. Is there a hiring backlog at NOAA?
    Answer. Yes. Approximately 1 in 10 positions are vacant based on 
FY20 Spend Plans.

    Question 3. If so, how will you fix it, and what will happen if it 
is not fixed?
    Answer. For the last 5 years, NOAA has outsourced hiring with mixed 
success as no single vendor has been able to address our hiring needs. 
Our hiring needs include 1,200-1,300 actions per year to address 
attrition and internal promotions, as well as another 1,200 actions to 
address the current gap in onboard strength based on our FY 2020 spend 
plan.
    For FY 2020, we have worked closely with our contracted vendor to 
improve their capacity. Conservatively and assuming no losses in 
capacity due to Coronavirus, we project filling close to 1,500 hires 
this year. This will be the most hires in a single year for NOAA in 
over a decade, and it will address approximately 15 percent of the gap 
in onboard strength in our FY 2020 spend plan.
    Additionally, NOAA's Office of Human Capital Services is doing two 
additional things to increase hiring capacity this year. First, we will 
forgo increasing staff resources in other areas of HR and increase the 
staff available to focus on building our hiring capacity. Secondly, we 
are working with line and staff organizations to pilot alternative 
approaches and implement existing hiring flexibilities given to us by 
OPM and Congress (i.e., Direct Hire for STEM and Conservation Corps Act 
hiring and the GS 5-12 promotion plan) to speed up the hiring process. 
These changes will allow us to target 1800+ hires in FY21 and beyond. 
Reaching 1,800 hires will allow us to reduce the gap between our 
onboard strength and the projected resources we have to spend on 
employee salaries in our FY 2021 spending plan.
NOAA Budget.
    Question 4. What is your perspective on NOAA's overall funding and 
do you support cutting programs like Sea Grant, Coastal Zone Management 
grants, and the Pacific Coastal Salmon Recovery Fund as proposed in the 
Fiscal Year 2021 budget request?
    Answer. In the FY21 Budget, as in every budget submission, NOAA 
works closely with the Administration to identify those NOAA specific 
initiatives that maximize both NOAA goals and broader Administration 
priorities in national security, trade, and the economy, acknowledging 
fiscal constraints. NOAA supports these broader priorities by reducing 
the impacts of extreme weather and water events to save lives and 
protect property by implementing the Weather Research and Forecasting 
Innovation Act, maximizing the economic contributions of ocean and 
coastal resources by expanding the American Blue Economy, and through 
space innovation. I look forward to working with you in the future on 
the funding levels of NOAA programs.
Conservation.
    Question 5. Do you support, and commit to carrying out, the full 
suite of conservation laws that apply to NOAA, including the Magnuson-
Stevens Fishery Conservation and Management Act, the Endangered Species 
Act, the Marine Mammal Protection Act, the Coastal Zone Management Act, 
and the National Marine Sanctuaries Act?
    Answer. Yes, I fully support carrying out NOAA's missions as 
authorized and guided by these statutes and all others that apply to 
NOAA.
Fisheries Management.
    Question 6. Do you agree that overfishing should not be allowed and 
that depleted fisheries should be rebuilt? Should fisheries management 
decisions be based on the best available science? Will you oppose 
actions that undermine these conservation tenets?
    Answer. Requirements to prevent overfishing, rebuild overfished 
stocks, and base conservation and management decisions on the best 
scientific information available are core tenets of the Magnuson-
Stevens Act and fundamental to our successful fisheries management 
construct. At the end of 2019, 93 percent of our stocks are not subject 
to overfishing and 81 percent are not overfished. In addition, we have 
rebuilt 47 stocks since 2000. By preventing overfishing and rebuilding 
stocks, we are strengthening the value of fisheries to the economy and 
communities that depend on them, and also ensuring a sustainable supply 
of seafood for the Nation in the future.
Climate Change.
    Question 7. Do you concur with the conclusion reached by NOAA 
scientists that climate change is occurring and that human-caused 
greenhouse gas emissions are largely responsible?
    Answer. Yes, I concur with the conclusion by NOAA scientists that 
climate change is occurring. Accumulation of greenhouse gases is one of 
many factors that influence this trend, which also includes removal of 
carbon sinks. Drivers of climate change are a complex mix of natural 
and anthropogenic forces.

    Question 8. Is climate change a pressing problem for the ocean, 
fisheries, and coastal communities?
    Answer. Yes. For example, fish migration, acidification, and 
coastal storm impacts could become a growing challenge. However, 
increasing risk exposure, particularly along developed coastlines, can 
exacerbate these challenges regardless of impacts from a changing 
climate.
Arctic.
    Question 9. Describe your plan for continuing and expanding 
weather, sea, and ice observing and monitoring capabilities in the 
Arctic.
    Answer. NOAA has a long history of Arctic science, service, and 
stewardship, including weather and climate services, nautical charting 
and other navigation services, natural resource management, and spill 
preparedness and response. Observations are key to performing these 
important missions in the Arctic region. NOAA envisions an Arctic where 
decisions and actions related to conservation and management are based 
on sound science. Innovation and partnerships are critical to meeting 
this goal. NOAA operates baseline atmospheric observatories and 
conducts research on important issues that improve our understanding of 
Arctic atmospheric phenomena, on various timescales, including the 
study of connections between Arctic weather and lower latitudes.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Amy Klobuchar to 
                          Hon. Dr. Neil Jacobs
    Great Lakes. Fishing contributes an estimated $2.4 billion to 
Minnesota's economy annually and supports nearly 35,000 jobs. Reports 
have highlighted that climate change is causing temperatures in the 
Great Lakes to rise, causing fish populations in the Great Lakes region 
to migrate to different areas--which could negatively impact a key part 
of our economy.

    Question 1. If confirmed, how will you ensure that NOAA continues 
to support the resiliency and stability of fish populations and the 
fishing industry in the Great Lakes region?
    Answer. While NOAA does not have regulatory oversight over fish in 
the Great Lakes, the Agency supports projects that restore degraded or 
altered Great Lakes coastal habitat to promote the recovery and 
sustainability of native fish species, recognizing that such projects 
yield multiple benefits for local communities and wildlife. Since 2010, 
NOAA has supported more than 70 habitat and species restoration 
projects through the Great Lakes Restoration Initiative. These projects 
have restored nearly 4,500 acres of habitat and opened almost 500 
stream miles for fish passage. These projects will provide multiple 
benefits to the environment and communities: supporting valuable 
fisheries and coastal resources, improving the quality of our water by 
restoring coastal wetlands, providing recreational opportunities for 
the public's use and enjoyment.

    Question 2. If confirmed, will you commit to work to produce 
accurate climate science and provide the public with timely information 
about climate change?
    Answer. Yes.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Edward Markey to 
                          Hon. Dr. Neil Jacobs
    Right Whales. Fishermen in the United States have been working hard 
to conserve right whales over the past 30 years, most recently closing 
more than 3000 square miles of lobster fishery in Massachusetts over a 
three month period to ensure a zero-percent chance of interaction with 
right whales. Canada just published their updated regulations on this 
subject, proposing changes to fishing regulations and vessel traffic.

    Question 1. Are the new Canadian regulations commensurate with U.S. 
regulations? How do they differ?
    Answer. Canada recently announced additional measures to reduce the 
risk of entanglement that will be implemented in 2020 and 2021. We are 
still analyzing the measures to see if they address the concerns that 
we have communicated to Canada. As we continue to revise our U.S. 
regulatory program, Canada is also implementing the previously 
announced revised measures. We will continue to work with Canada to 
consider any additional measures that may provide North Atlantic Right 
Whales with immediate relief.

    Question 2. To minimize the entanglement risk of right whales in 
fishing gear, NOAA has developed a decision support tool to determine 
the risk reduction of different types of fishing gear. While the 
quantitative right whale habitat and vertical line variables 
underpinning this tool are tailored to U.S. fisheries, how much risk 
would you qualitatively estimate the new Canadian regulations reduce? 
Please provide your response to this question in terms of percent risk 
reduction, as is standard when using the decision support tool that has 
calculated a 60 to 70 percent risk reduction in Massachusetts.
    Answer. For waters outside of the U.S., we will be applying a 
variety of approaches, many of which are qualitatively similar, as we 
analyze the effect of the Canadian measures in our upcoming biological 
opinion and rulemaking. For the purpose of the MMPA Import Provisions, 
we will use the same methods that we use to evaluate all nations' 
fisheries for all Canadian fisheries. Regarding vessel strike 
conservation measures, which are a component of Canada's conservation 
measures, the Decision Support Tool is not yet capable of measuring 
risk reductions associated with vessel collisions in that region. 
However, for both vessel strikes and fisheries interactions, NMFS will 
continue to coordinate with Canada on the means and methods to assess 
risk reduction. I look forward to working with you and your staff as 
more data become available, and analysis begins to produce both 
qualitative and quantitative results.

    Oil Spills. The coastal United States has suffered through several 
major oil spills, from Exxon Valdez to the BP Oil Spill and the 14-year 
long Taylor Energy spill in the Gulf of Mexico. However, the United 
States still lacks critical capacity for oil spill response, especially 
as the Unites States moves to ramp up oil production in the Arctic Sea. 
At a Senate Commerce Subcommittee hearing on the Arctic on December 12, 
2019, I was disappointed to hear the Commandant of the Coast Guard 
Admiral Schultz state that the United States still does not know or 
have the ability to clean up oil spills in and around ice.

    Question 3. Is NOAA doing research on how to clean up oil spills in 
the Arctic, in and around ice? If not, why not?
    Answer. Yes, NOAA has a number of projects and partnerships with 
other agencies, other countries, industry, academia and institutions 
such as the Oil Spill Recovery Institute in Cordova, Alaska, and the 
Coastal Response Research Center (CRRC) at the University of New 
Hampshire. The Office of Response and Restoration (ORR) is currently 
collaborating with the Coast Guard Research Development Center (RDC), 
along with others including the Bureau of Safety and Environmental 
Enforcement (BSEE), Environmental Protection Agency (EPA), and Prince 
Williams Sound Science Center, to advance detection capabilities for 
oil spills in ice environments. This multi-year project involves 
testing various sensor platforms (such as unmanned aircraft systems and 
remotely operated vehicles) and environmental samplers that have been 
developed and calibrated specifically for oil.
    NOAA is also researching the biological effects of oil. ORR, Alaska 
Fisheries Science Center (AFSC) and Northwest Fisheries Science Center 
(NWFSC) have a multi-year, collaborative research initiative on the 
effects of oil on Arctic cod, a keystone species in Arctic ecosystems. 
The work includes toxicity testing to determine acute and latent 
effects of oil exposure on survival, fitness, and bioenergetics; 
identification of diagnostic biomarkers of oil exposure and injury; and 
development of models for oil exposure and effects.
    ORR and NOAA Fisheries scientists have also participated in a 
project studying oil & dispersed Oil Effect on Whale Baleen Function 
with North Slope Borough/Department of Wildlife Management, Barrow, AK, 
Woods Hole Oceanographic Institute (WHOI) and others. Projects we are 
championing (providing comments, suggestions, etc.) for the Arctic 
Domain Awareness Center (ADAC) include

   Mitigating the Damage to Arctic Copepods from Surface Oil 
        Spills: When to Apply Dispersants. Led by Bigelow Laboratory 
        for Ocean Sciences.

   Photo-enhanced toxicity of dispersed and burned crude oil to 
        Arctic mussels. Led by University of Alaska Anchorage College 
        of Arts and Sciences, Alaska Sea Life Center and University of 
        New Orleans.

   Oil Spill Modeling for Improved Response to Arctic Maritime 
        Spills: The Path Forward. Led by University of New Hampshire, 
        Coastal Response Research Center, Center for Spills in the 
        Environment.

   Dynamics of oil spreading under various ice and sea 
        conditions: laboratory observations and modeling. Texas A&M 
        University

    Question 4. Do you agree with Commandant Schultz that the United 
States is unable to currently clean up Arctic Oil spills? If not, why 
not?
    Answer. Oil spill response in the Arctic faces significant 
technical, operational and logistical challenges. The extent of these 
challenges varies significantly with location. Oil spill clean-up on 
land and at nearshore facilities is a routine practice in Prudhoe Bay, 
where industry funded Oil Spill Response Organizations (OSROs) such as 
Alaska Clean Seas have significant expertise and state-of-the-art 
equipment, infrastructure, and logistical support. This is not the case 
for most of the other places in the U.S. Arctic, and especially for 
large offshore spills; access, weather, oceanographic conditions, 
equipment staging, communications, etc., are challenging in these 
remote areas.

    Question 5. NOAA's recent Science Report includes an outline of new 
technology on how to clean up oil spills. What other research is NOAA 
doing on oil spills?
    Answer. NOAA (ORR, AFSC, and NWFSC) has a multi-year, collaborative 
research initiative on the effects of oil on Arctic cod, a keystone 
species in Arctic ecosystems. The research includes toxicity testing to 
determine acute and latent effects of oil exposure on survival, 
fitness, and bioenergetics; identification of diagnostic biomarkers of 
oil exposure and injury; and development of models for oil exposure and 
effects.
    NOAA's Shoreline Cleanup and Assessment Team validates shoreline 
oiling interactions and assesses effects of Aggressive Monitoring and 
Cleaning Techniques on Shorelines. Its goal is to develop marsh/
shoreline cleanup guidelines by evaluating datasets and associated 
publications. This includes reviewing the utility and application of 
sediment chemistry and microbial ecology data as potential indicators 
of cleanup efficacy.

    Climate Change. From fish species shifting northward to the impacts 
of ocean acidification on shellfish, fishing industries are facing many 
new challenges as a result of climate change.

    Question 6. Will you continue to support climate change research as 
the NOAA Administrator?
    Answer. Yes.

    Fish Stock Assessments. At the nomination hearing you briefly 
mentioned NOAA's role in managing fish stocks.

    Question 7. Can you explain how NOAA will work to adapt their stock 
assessment process to include climate impacts?
    Answer. NOAA Fisheries recognizes that fish stocks are routinely 
impacted by their environment, and that this is increasingly important 
to account for as environmental and climate conditions change. One of 
the reasons for updating a stock's assessment in a prioritized approach 
is to take into account unexpected changes due to climate influences. 
NOAA Fisheries has developed several guidance documents such as the 
NOAA Fisheries Climate Science Strategy, the Next Generation Stock 
Assessment Improvement Plan (SAIP), and a recent NMFS Technical 
Memorandum that provides suggestions on how to address shifting 
distributions and changing productivity in the fisheries management 
process. For example, the SAIP recommends that Terms of Reference for 
stock assessments call for consideration and review of the degree to 
which climate, ecosystem, and socioeconomic drivers affect fish stocks. 
The SAIP also provides several decision trees that help guide 
considerations of climate and ecosystem effects, and how to include 
these effects in the stock assessment process. NOAA Fisheries is 
actively working to implement the collective suite of recommendations 
from these documents across all regions.
    Additionally, the Office of Oceanic and Atmospheric Research (OAR) 
and the National Marine Fisheries Service (NMFS) are collaborating on 
the NOAA Climate and Fisheries Initiative to increase the availability 
of climate information needed to successfully manage fish stocks and 
protected species. This information includes short-term forecasts and 
long-term projections of changing climate and ocean conditions at 
spatial scales important for stock assessments, and will increase our 
understanding of how changing conditions could impact marine and 
coastal species. Finally, NMFS is actively working on the development 
of new stock assessment models and tools that will facilitate better 
uptake of climate and ecosystem data into stock assessment models.

    Question 8. What opportunities do you see to integrate both novel 
technologies as well as collaborative approaches that include data 
collected with the industry in stock assessments?
    Answer. NOAA Fisheries has been making many advances to integrate 
novel technologies and collaborative approaches into stock assessments, 
where appropriate. For example, NOAA has been increasing its use of 
autonomous vehicles in coordination with fishery-independent research 
cruises to improve stock assessments. Similarly, many NOAA Fisheries 
stock assessments already incorporate data collected with industry, 
such as fisherman's logbook data, observer data, and data from 
cooperative research projects. Additionally, NOAA Fisheries is 
continuing to work with fishermen, Fishery Management Councils, and 
other partners to improve the timeliness, quality, cost effectiveness, 
and accessibility of fishery-dependent data, such as through the 
expansion of electronic monitoring and reporting programs in all 
regions, (but not necessarily all fisheries). Further, several of our 
major stock assessment research cruises are conducted in collaboration 
with industry by chartering fishing vessels. Expanding and streamlining 
data collection from fisheries will help deliver information more 
efficiently into use for stock assessments and help U.S. fishermen make 
timely decisions for their fishing operations and businesses. Looking 
forward, as NOAA Fisheries seeks to maintain and expand its data 
collection infrastructure, the agency will continue to expand these 
programs, as well as explore programs that leverage partnerships to 
collect more data in cost-efficient ways.

    Question 9. How do you aim to integrate feedback from fishery 
councils as well as cooperative research done with fishermen into any 
changes to stock assessment methods?
    Answer. The Fishery Management Councils, with their Scientific and 
Statistical Committees (SSCs) are the primary management partners for 
the agency, and regional stock assessment processes ensure that their 
input is incorporated into the stock assessments. The Council's SSCs 
have a major role in developing stock assessment Terms of Reference and 
conducting reviews of stock assessments performed by agency scientists 
for use in the management process.
    NMFS supports the incorporation of any scientifically valid data 
set into stock assessments. This includes various external sources, 
such as academic projects, as well as partnerships, including 
cooperative research or state programs. Many of these data sources are 
already incorporated into stock assessments, and the agency supports 
increasing the use of these sources. All such data are subject to the 
same stock assessment review process as data collected by NMFS; thus 
their use in stock assessments depends on the outcome of the regional 
review processes managed by the Councils.

    Politicization of Science. ``The ``Sharpiegate'' scandal 
represented an alarming politicization of weather science.

    Question 10. If confirmed as NOAA administrator, how will you 
protect scientists and continue to publish accurate science, without 
political interference?
    Answer. I am committed to promoting scientific integrity within 
NOAA. NOAA already has a rigorous Scientific Integrity Policy (NOAA 
Administrative Order NAO 202-735D) that provides best practices to 
promote a continuing culture of scientific excellence and integrity. We 
are currently in the process of evaluating our scientific integrity 
policy to make it even more robust. I have valued, promoted and 
benefited from scientific integrity throughout my career, in academia, 
industry and at NOAA and will continue to champion it going forward.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Brian Schatz to 
                          Hon. Dr. Neil Jacobs
    NOAA Budget. For NOAA to be healthy, it needs to have a budget that 
supports all of its activities. However, the FY21 NOAA budget zeroes 
out important conservation and management programs like the National 
Estuarine Research Reserve System (NERRS) and Coastal Zone Management 
grants. It also slashes the NOAA Habitat program run out of the 
fisheries office by a third.

    Question 1. How will your confirmation make a difference for these 
programs in the next budget cycle?
    Answer. As in every budget submission, NOAA works closely with the 
Administration to identify those NOAA specific initiatives that 
maximize both NOAA goals and broader Administration priorities in 
national security, trade, and the economy, acknowledging fiscal 
constraints.
    Being confirmed in this position, as opposed to acting, will 
provide me with an increased opportunity to forge relationships and 
advocate for agency priorities at a higher level. An agency head in the 
official capacity will instill confidence and stability. Not only is 
this critical with the upcoming hurricane season, but also during our 
navigation, management, and gradual return to normal operations in the 
wake of the coronavirus pandemic.
    I look forward to working with you and your staff on the funding 
levels of NOAA programs, including various high priority areas such as 
reducing the impacts of extreme weather and water events by 
implementing the Weather Research and Forecasting Innovation Act and 
maximizing the economic contributions of ocean and coastal resources by 
expanding the American Blue Economy.

    Hurricane Dorian Investigations. At present, there is both a NOAA 
scientific integrity investigation on the Hurricane Dorian incident, 
and a Commerce Inspector General investigation.

    Question 2. Do I have your commitment to cooperate with both and 
allow both to proceed freely and without interference?
    Answer. Yes.

    STEM Education. The FY21 NOAA Budget zeroes out the NOAA Office of 
Education and the NOAA Sea Grant program. I am concerned about this 
Administration's lack of support for STEM education.

    Question 3. Please explain your position on NOAA education 
programs, and whether you will commit to being a strong advocate for 
NOAA education in this Administration?
    Answer. Yes. STEM is incredibly important, not just for the future 
of NOAA, but also the U.S. The Office of Education works with the 
Office of Human Capital Services, the Research Council, and NOAA 
leadership to diversify NOAA's workforce and identify actionable 
strategies for hiring and retaining diverse and highly qualified 
individuals. I am proud of what the Office of Education has 
accomplished, but there is far more that can be done. I will most 
certainly be a strong advocate for NOAA education.

    National Monuments. The NOAA budget has terminated programs 
supporting research grants that specifically encourage the necessary 
scientific exploration and research programs needed to guide sustained 
management of U.S. Marine National Monuments. In addition, the 
President has repeatedly questioned the validity of National Monuments 
established by previous Administrations.

    Question 4. Explain your commitment to defending existing Marine 
National Monuments, and to ensuring adequate funding for the vital 
research grants managers rely on to make science-based decisions for 
coastal and marine stewardship?
    Answer. NOAA has no current plans to alter the boundaries or scope 
of Marine National Monuments under our management. Under the proposal, 
NOAA would continue to support mission-vital research requirements in 
the proposed base budgets.

    Research. NOAA Research (OAR) saw a decrease of almost $250 million 
in funding under the President's FY21 budget. In furthering NOAA's 
long-term priorities, not only is more research needed to manage 
climate adaptation and mitigation, healthy oceans, and building 
resilient coastal communities but also sustained support of current 
research programs.

    Question 5. Will you commit to being a strong advocate for support 
for all of NOAA's current and future research programs?
    Answer. Yes.
                                 ______
                                 
 Response to Written Questions Submitted by Hon. Richard Blumenthal to 
                          Hon. Dr. Neil Jacobs
    Leadership. I want to thank you for meeting with me earlier this 
month to discuss your nomination. As you know, I have some concerns 
about your role as acting chief of NOAA during the Hurricane Dorian 
controversy involving President Trump, commonly referred to as 
``SharpieGate''. Specifically, I want to ask you about your 
conversations with senior officials at the Department of Commerce and 
the White House and the events that led to an unsigned statement from 
NOAA that contradicted its own scientists. Reports from The New York 
Times indicated that Secretary Wilbur Ross and Mick Mulvaney pressed 
you to take action to support the President's ultimately inaccurate 
claims that the State of Alabama was at risk of serious threat. 
According to reports, Secretary Ross and Mr. Mulvaney threatened to 
fire members of NOAA's leadership and cut funding for programs at the 
agency if it did not support the President's position.

    Question 1. Do you agree that weather forecasts provide a vital 
function that should be free from political interference?
    Answer. Yes.

    Question 2. To what extend were you involved in the development of 
the unsigned statement?
    Answer. I was involved, along with several other NOAA and DOC 
employees, in the development of the statement.

    Question 3. As acting administrator to an agency responsible for 
conveying scientifically accurate, timely, and clear information for 
public safety--especially in the midst of extreme weather events like 
Hurricane Dorian--do you think your agency's efforts and government 
resources were best spent correcting the record for President Trump?
    Answer. Our Weather Forecast Offices, including Birmingham and the 
National Hurricane Center, did their utmost to produce accurate and 
timely weather forecasts to inform the general public and ensure public 
safety. Hurricane Dorian was a persistent, challenging, and historic 
storm, and the forecast products produced reflect the tireless effort 
and countless hours spent by the hardworking forecasters around the 
country, who are tasked with the challenge of communicating risk to 
emergency managers and the general public.

    Question 4. For the record, did your conversations with Secretary 
Ross or Mr. Mulvaney have any influence over NOAA's official response 
to this controversy?
    Answer. I did not speak directly with either Secretary Ross or Mr. 
Mulvaney regarding the controversy over the statement.

    Office of Inspector General report. As you know, the Department of 
Commerce Office of Inspector General (OIG) launched an investigation 
into the ``SharpieGate'' incident. We are still awaiting the final 
report, but expect the release of that report at some point in the next 
month or so. Soon after the controversy, there was a preservation 
notice issued to keep all records related to this incident. As you may 
know, failure to adhere to this sort of notice may violate the Federal 
Records Act.

    Question 6. Your nomination hearing comes before the release of the 
OIG report. I would like to give you the opportunity to confirm for the 
record that nothing in the forthcoming report will reflect poorly on 
you, or the agency. Are you aware of anything in the forthcoming OIG 
report that members of this committee should be aware of or concerned 
about?
    Answer. I've been completely open and forthright with the IG during 
the investigation process, and I await the results of the report.

    Question 7. Can you confirm that all documents related to the 
Hurricane Dorian controversy were preserved in a manner that does not 
violate the law?
    Answer. I have complied with the guidance from the Office of the 
General Counsel to preserve all documents related to the IG 
investigation.

    NOAA's unsigned statement. The controversy surrounding 
``SharpieGate'' resulted in serious concerns regarding the accuracy, 
transparency, and clarity in knowledge sharing as well as the 
censorship of agency scientists. During your meeting with me earlier 
this month, you expressed that NOAA's unsigned statement was in 
reaction to a ``fake'' map produced on the internet--not the 
President's inaccurate claims. You also explained that there was a 
``technical 10-30 percent chance'' that Hurricane Dorian could have hit 
Alabama.

    Question 8. With weather forecasting, is there ever a zero percent 
chance of a Hurricane making landfall?
    Answer. It is impossible to predict the future outcome of any open 
system with absolute certainty.

    Question 9. Do we generally know which areas will be at high risk 
and which will be at lower risk?
    Answer. Weather prediction has long struggled with the theoretical 
limits of predictability. Ensemble forecast guidance gives us a 
probabilistic range of likely outcomes. Ideally, if the distribution of 
predicted solutions was Gaussian, the statistical mean would be the 
most likely outcome. Risk can be quantified in a variety of ways. For 
example, low-lying flood-prone coastal communities with large 
populations and extensive development may have more risk exposure. We 
also know, in general, from decades of historical observations, which 
regions are more likely to experience severe weather events, such as 
hurricanes, tornadoes, and blizzards.

    Question 10. For preparedness, safety, and understanding, how do 
you plan to balance the data received from probabilistic models with 
the publicly issued warnings based on actual risk?
    Answer. I foresee this being one of the greatest challenges for the 
future of weather prediction. Unless you have an advanced degree in 
statistics or game theory, probability is not an intuitive concept, and 
trying to convey uncertainty to the general public in a way that is 
scientifically correct, yet elicits a preferred response, is a complex 
problem. On the physical science side, educating the public on how 
probabilistic forecasts are made, what the limitations are, and how to 
interpret them will be essential. On the social science side, we need 
to focus on developing better methods to convey probabilities in an 
understandable way. Risk tolerance varies greatly from corporations and 
communities down to a personal level. While we can't define risk 
tolerance levels, we can improve ways we convey the probability and 
severity of a potential outcome. Likewise, our ongoing effort to 
improve forecast accuracy will reduce the levels of uncertainty in the 
future, thereby making that balance easier to achieve.

    Question 11. You referred to the existence and circulation of an 
alternate, falsified NOAA Hurricane Dorian map--besides the one 
displayed in the Oval Office. Will you commit to providing evidence of 
that map to the committee?
    Answer. I would welcome the opportunity to work with the committee 
on this issue.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Maria Cantwell to 
                              Finch Fulton
    Freight Policy. I am concerned that the Department is not prepared 
to address significant freight infrastructure challenges when the 
Department is just now seeking input to guide the development of a 
National Freight Strategic Plan--a plan that was supposed to be 
finalized by the end of 2017 pursuant to the FAST Act.
    The Department was also required to establish a National Multimodal 
Freight Network to assist in the prioritization of Federal freight 
investment by December 2016. Although this Administration reopened the 
comment period for a couple of months in October 2017, no further 
action has been taken since then.

    Question 1. How is the Department able to ensure Federal dollars 
are being spent on those high impact projects that the INFRA and BUILD 
grant programs are supposed to support when it has failed to put 
together this vital freight prioritization guidance? When can we expect 
the Department to finalize these items?
    Answer. The Department recognizes the importance of Federal freight 
investment to the safe and efficient movement of freight throughout the 
United States. Through discretionary programs, the Department has 
included evaluation criteria that allow the Department to identify 
priority freight projects. For example, in the most recent INFRA notice 
of funding opportunity, the Department has included whether a project 
primarily serves freight and goods movement as a factor in the economic 
vitality criterion evaluation.
    The Department is working to complete the National Freight 
Strategic Plan by later this year. In December 2019, the Department 
requested information from States, local governments, and other 
stakeholders to inform the development of the national freight 
strategy. The completion of the National Freight Strategic Plan will 
directly lead into the identification of the updated National 
Multimodal Freight Network.

    Question 2. At your hearing I asked you a question regarding 
lifting the multimodal cap for the INFRA program. Do you agree that, in 
conjunction with the National Multimodal Freight Network and National 
Freight Strategic Plan, lifting the multimodal cap in the INFRA would 
ensure that projects which can provide the greatest national benefit 
are prioritized?
    Answer. As the Department has been developing the National Freight 
Strategic Plan, it is clear that freight depends on a safe and 
efficient multimodal transportation system. The Department has heard 
from many stakeholders advocating for an increase in multimodal funding 
eligibility under the INFRA program. The Department, through the 
interagency review of the proposed surface transportation 
reauthorization, is considering how to ensure flexibility in attracting 
and selecting the freight projects with the most benefits, regardless 
of mode.

    Automation. As we incorporate more automation into our lives, we 
must be thoughtful on how we develop and regulate these technologies, 
and consider how people interact with and respond to automation. 
Operators must know how to use and respond to these technologies, 
otherwise we will not see the benefits of automation. With autonomous 
vehicle systems already in the market and being tested on public roads, 
we need to ensure manufacturers and regulators are properly managing 
the risks posed by automated technologies.

    Question 3. What steps has the Department taken to ensure that 
manufacturers and regulators are adequately considering and preparing 
for the human-machine interface between operators--whether that be 
drivers, pilots, or locomotive engineers--and the increasingly complex 
automated systems they are operating?
    Answer. The Department has taken many steps to ensure industry and 
the public sector are adequately considering and preparing for a future 
where human-machine interfaces are a possibility. The Department has 
released multiple voluntary guidance documents in recent years to 
prepare for this future.
    In September 2017, DOT released A Vision for Safety: Automated 
Driving Systems 2.0 (ADS 2.0). In October 2018, DOT released Preparing 
for the Future of Transportation: Automated Vehicles 3.0 (AV 3.0). In 
January 2020, DOT and the White House Office of Science and Technology 
Policy released Ensuring American Leadership in Automated Vehicle 
Technologies: Automated Vehicles 4.0 (AV 4.0). Guidance on human-
machine interface was introduced in ADS 2.0, expanded in AV 3.0 and 
included in AV 4.0.
    Additionally, DOT has conducted multiple national public 
stakeholder engagements and published public notices to obtain input 
from the DOT stakeholder community on automation. A list of these 
engagements can be seen at these links (https://www.transportation.gov/
av/publicnotices, https://www.transportation.gov/av/events).
    Informed by these engagements, research continues on this subject 
and will be critical to the success of advanced vehicle technologies 
going forward. Human factors research is a part of NHTSA's 2020 
Advanced Safety Technologies program and will help develop the safety 
community's understanding of the safety impacts of human-machine 
interface approaches, as well as potential longer-term behavioral 
changes related to ADAS uses and how they might impact safety outcomes. 
These lessons learnings provide a basis for manufacturers to make 
incremental improvements in their next generation systems and would 
improve the societal safety benefits achieved with deployed technology. 
These efforts are included in DOT's Annual Modal Research Plan (AMRP). 
The AMRPs can be found at this link: https://www.transportation.gov/
administrations/assistant-secretary-research-and-technology/rdt-annual-
modal-research-plans.

    Question 4. Section 105 of the Department of Transportation 
Appropriations Act, 2020, requires the Secretary to establish a Highly 
Automated Systems Safety Center of Excellence within the Department of 
Transportation. Please describe how the Department is planning to 
utilize that Center of Excellence, including which modes and/or types 
of automation will be addressed, how the Center plans to review, 
assess, and validate highly automated systems, and what role the Office 
of Policy will play in these activities.
    Answer. The Department aims to make the Highly Automated Safety 
Systems Center of Excellence (HASS COE) a significant resource for 
answers in this highly dynamic area of innovation. The Safety Systems 
Center will play a leading role in analyzing and developing guidance on 
safety improvements for advancing automation, especially of surface 
transportation. Automation is advancing swiftly, and the Center will 
focus on gathering information from various sources, and analyzing and 
synthesizing the information in service to governmental and external 
stakeholders.
    The Center will have a full-time director and a Technical Review 
Board to provide guidance and oversight. We seek to recruit an 
individual with extensive experience in automated systems to lead the 
Center and the Review Board will be comprised of DOT's leading experts 
in the field. We will build on the close coordination with the 
Operating Administrations that is already the practice at DOT for 
advancing intelligent transportation systems, including through the 
work of the Non-traditional and Emerging Transportation Technology 
(NETT) Council, which includes all of the Operating Administrations at 
USDOT. The Operating Administrations will be involved in project 
selection and staffing. The Office of the Assistant Secretary for 
Transportation Policy will contribute to setting priorities and 
ensuring that the Center fulfills its mission.

    Question 5. As the Center of Excellence referenced above is 
directed to have a workforce composed of Department of Transportation 
employees, does DOT have the expertise necessary to carry out the 
activities of the Center of Excellence and to keep up with increasing 
innovation and automation across the transportation industry? What are 
you doing to ensure that the Department can retain and a recruit this 
expertise? How will the Center of Excellence impact the existing 
expertise in the various modal administrations?
    Answer. The Center's office will be at DOT headquarters within the 
Office of the Assistant Secretary for Research and Technology (OST-R). 
DOT intends to recruit a full-time director of the Center for a term 
appointment. The Center will employ technical experts on detail from 
the Operating Administrations, from DOT's Volpe Center through intra-
agency agreement, and from other Federal agencies subject to 
interagency agreements, as needed, to review, assess, and validate 
highly automated systems.
    Extensive expertise on automation resides within the Operating 
Administrations and the Volpe Center. The Safety Systems Center will 
thoroughly coordinate its projects with the Operating Administrations 
and rely on their experts. In addition, the Center will seek to engage 
experts as needed from academia, DOT's University Transportation 
Centers (UTCs) in particular. OST-R intends to have the HASS COE 
staffed up quickly. A flexible baseline staffing plan will be submitted 
to Congress that allows for staff deployment as priorities shift and 
new issues emerge. This approach also comports with the current total 
FY20 appropriation of $5 million.

    Blocked Railroad Crossings. Trains continue to get longer in the 
United States. This has resulted in many blocked railroad crossings for 
several hours each day, impacting freight movement, commuter 
congestion, and emergency response services.

    Question 6. What is the DOT doing to engage with communities and 
railroads to ease the burden of blocked crossings for local 
communities?
    Answer. Safety is the top priority for the Department. We work 
closely with the Federal Railroad Administration (FRA) and believe that 
safety at grade crossings is a critical issue that continues to impact 
and concern communities. This belief was highlighted by Karl Alexy, FRA 
Associate Administrator for Railroad Safety and Chief Safety Officer in 
testimony given to House Transportation and Infrastructure Committee 
Subcommittee on Railroads Pipelines, and Hazardous Materials for the 
February 5, 2020 hearing ``Tracking Toward Zero: Improving Grade 
Crossing Safety and Addressing Community Concerns.'' The Department is 
pleased with FRA's efforts to use data, local engagement, and research 
to address safety issues at grade crossings, including blocked crossing 
events. Mr. Alexy highlighted many of these efforts in his testimony, 
more of which can be found here: https://transportation.house.gov/imo/
media/doc/Alexy%20(FRA)%20Testimony.pdf
    On December 20, 2019, FRA launched an online portal to collect data 
from the general public and public safety officials on where individual 
communities experience blocked crossings. When submitting a report, 
information requested includes the location of the blocked crossing, 
time, duration, and impacts of the blocked crossing. The collected 
information will provide FRA with more standardized data on instances 
of blocked crossings throughout the United States.
    While FRA has received information on many blocked crossing 
incidents, the data FRA has collected is only a sample. FRA intends to 
maintain, analyze, and share these data with all affected stakeholders 
to help inform the development of local solutions to reduce and prevent 
incidents of trains blocking crossings.
    In addition to the blocked crossing portal, FRA continues to 
facilitate meetings between stakeholders and share expertise on 
potential solutions to the issues, as it has historically done. FRA is 
also hosting an ongoing series of technical symposiums and listening 
sessions on grade crossing and trespassing issues. More information on 
the portal can be found here: https://www.fra.dot.gov/blockedcrossings

    Question 7. These blocked crossings can pose unique challenges to 
rural communities. Sometimes an entire town can be split in two, making 
it difficult or even impossible for first responders to get across 
town. As a part of the Department's ROUTES initiative, what are you 
doing to address this problem?
    Answer. The Department is committed to working with all impacted 
stakeholders to help inform the development of local solutions to 
reduce and prevent incidents of trains blocking crossings. One of the 
main objectives of the ROUTES initiative is to provide user-friendly 
information to rural communities to assist them in understanding and 
applying for DOT discretionary grants, as well as the resources listed 
in the previous response.
    Through stakeholder engagement, we will work through the ROUTES 
initiative and relevant communities to target grant programs that can 
help address issues and challenges that they face. In addition to 
formula funding such as the Railway-Highway Crossings (Section 130) 
Program, one discretionary grant program that is particularly valuable 
to communities facing highway-rail grade crossing safety issues is the 
Consolidated Rail Infrastructure and Safety Improvements (CRISI) 
Program. The CRISI Program funds a wide range of projects that improve 
the safety, efficiency and reliability of intercity passenger and 
freight rail systems.

    Management. As the head of the Office of Policy within the 
Department of Transportation, it is important that you have a grasp on 
all the policies and regulations coming from the various agencies. 
Additionally, you will be responsible for supervising the employees of 
the Office of Policy.

    Question 8. What do you anticipate your top priorities for each 
modal administration to be should you be confirmed?
    Answer. Secretary Chao has made it a priority to bring on a high-
caliber team of leaders for the operational modes in the Department. I 
have enjoyed working with my colleagues over the past few years, and 
agree with their top priorities, which are in line with Secretary 
Chao's vision and Strategic Plan for the Department. All of these 
priorities will continue to focus first on the safety of the traveling 
public, and will also be shaped by the Department's continuing response 
to the impacts of COVID-19.
    The top priorities of the Federal Aviation Administration (FAA) 
include:

   Continuing the mission to provide the safest, most efficient 
        aerospace system in the world.

   Re-certification of the Boeing 737 MAX, and restoring faith 
        in the FAA's certification of aircraft.

   Enabling innovation in commercial space through a final rule 
        that will streamline launch and reentry requirements.

   Providing for safe and secure operations of UAS through a 
        final rule on remote ID that will also move us forward on 
        automated traffic management concepts for greater commercial 
        operations of UAS tomorrow.

   Enabling more commercial operations of UAS today through a 
        final amendment to Part 107 that will enable operations over 
        people and traffic.

    The top priorities of the Federal Highway Administration (FHWA) 
include:

   Reducing transportation-related fatalities and serious 
        injuries across the transportation system, particularly 
        addressing recent increases in pedestrian and bicyclist 
        fatalities and also tackling the high fatality rates in rural 
        areas, where fatality rates are more than twice as high as for 
        urban roadways.

   Investing in infrastructure, in both rural and urban areas, 
        to ensure mobility and accessibility and to stimulate economic 
        growth, productivity, and competitiveness for American workers 
        and businesses.

   Leading in the development and deployment of innovative 
        practices and technologies to improve the safety and 
        performance of the Nation's transportation system.

   Reducing the regulatory burden on our state and local 
        partners wherever it can be done without compromising safety 
        and effectiveness, and increasing the efficiency of the 
        environmental review and permitting process.

    The top priorities of the Federal Transit Administration (FTA) 
include:

   Administer and oversee $25 billion in economic relief under 
        the CARES Act to support public transportation systems affected 
        by the COVID-19 crisis.

   Reduce transportation-related fatalities and serious 
        injuries across the transportation system by implementing 
        Safety Management Systems in the public transportation 
        industry.

   Invest in infrastructure to ensure mobility and 
        accessibility and to stimulate economic growth, productivity 
        and competitiveness for American workers and businesses.

   Lead in the development and deployment of innovative 
        practices and technologies that improve the safety and 
        performance of the Nation's transportation system through 
        initiatives such as FTA's Accelerating Innovative Mobility 
        Initiative.

   Serve the Nation with reduced regulatory burden and greater 
        efficiency, effectiveness and accountability.

    The top priorities of the Federal Motor Carrier Safety 
Administration (FMCSA) include:

   Reducing truck and bus-related fatalities and serious 
        injuries, particularly to address recent increases in light and 
        medium sized truck-related fatalities, work zone fatalities and 
        injuries, low seat belt usage by truckers, and truck and bus-
        related fatalities involving pedestrians and bicyclists.

   Enhancing the Safety Measurement System (SMS) used to 
        identify high-risk motor carrier operations.

   Implementing an IT modernization plan to improve the systems 
        the Agency uses to interact with state partners and motor 
        carriers.

   Conducting research on truck crash factors, including 
        potentially initiating a new Large Truck Crash Causal Factors 
        Study (LTCCFS).

   Reducing the regulatory burden on small businesses whenever 
        it can be done without compromising safety.

    The top priorities of the Federal Railroad Administration (FRA) 
include:

   Ensuring railroads meet the December 31, 2020 PTC 
        implementation deadline and working with partner agencies, 
        local governments, industry, and the public to improve safety 
        around grade crossings--such as finalizing the FAST-Act 
        required rule for all 50 states to complete grade crossing 
        action plans.

   Administering the Consolidate Rail Infrastructure and Safety 
        Improvement (CRISI) grants and other programs that improve rail 
        infrastructure and services nationwide.

   Re-establishing metrics and standards for better passenger 
        rail performance because American's deserve their passenger 
        rail services to operate reliably.

   Working with Congress on a comprehensive surface 
        transportation reauthorization proposal that improves rail 
        safety, addresses the changing needs of the travelling public, 
        and streamlines project delivery.

    The top priorities of the Maritime Administration (MARAD) include:

   Promoting a strong U.S. maritime transportation system and 
        sustained strategic sealift capabilities vital to national 
        defense and economic security.

   Overseeing over $500 million in projects funded through the 
        FY2019 and FY2020 Port Infrastructure Development Grants.

   Bolstering the robust mariner base needed for the U.S. 
        maritime economy and sealift readiness by enhancing the U.S. 
        Merchant Marine Academy and providing new training ships for 
        state maritime academies.

    The top priorities of the National Highway Traffic Safety 
Administration (NHTSA) include:

   Continuing the mission to save lives, prevent injuries and 
        reduce vehicle-related crashes.

   Removing unnecessary barriers to advance safety 
        technologies.

   Developing a framework for the safe development and 
        deployment of vehicles equipped with Automated Driving Systems 
        (ADS) technology.

   Investigating safety defects and exercising enforcement 
        authorities when there are unreasonable risks to safety.

   Providing national leadership across State and local 
        Emergency Medical Services (EMS) providers and 9-1-1 response 
        systems to improve safety outcomes.

   Reducing pedestrian fatalities and injuries through 
        partnerships, increased awareness, effective countermeasures 
        and enforcement.

   Combating impaired driving.

   Preventing pediatric vehicle hyperthermia deaths.

   Upgrading the New Car Assessment Program (NCAP) to better 
        inform consumers of newer safety technologies.

    The top priorities of the Pipeline and Hazardous Materials Safety 
Administration (PHMSA) include:

   Ensuring that safety is the top priority for our Nation's 
        2.7 million miles of pipelines.

   Prioritizing the safety of 1.2 million hazardous materials 
        shipments across the U.S. each day.

    The top priorities of the Saint Lawrence Seaway Development 
Corporation (SLSDC) include:

   Continuing the safe operation of the Seaway

   Working with the International Joint Commission (IJC) to 
        ensure maritime navigation rights are addressed

   Addressing COVID19-related revenue shortfalls at the Seaway 
        International Bridge for operations, maintenance, and capital

   Ensuring U.S. Seaway infrastructure needs are funded

    Question 9. Please describe previous management positions held, 
including your primary responsibilities and the number of people 
managed in each position, including direct reports.
    Answer. In my current role as Deputy Assistant Secretary for 
Transportation Policy, I oversee an office of forty people and a 
requested budget of $2 billion in grants and $26 million in program and 
administrative costs. In this role, I lead an organization that 
includes three other non-career leaders, and four offices: the Office 
of Policy Development, Strategic Planning and Performance, including 
the Infrastructure Permitting and Improvement Center; the Office of 
Infrastructure Finance and Innovation, which manages key discretionary 
grant programs such as the BUILD and INFRA transportation grant 
programs; and the Office of the Chief Economist. I have nine direct 
reports who are either career or non-career members of OST-Policy: 
three non-career executives, four Senior Executive Services (SES) 
office managers, an additional SES and a detailee from the Department 
of Labor who focuses on accessibility and employment issues relevant to 
transportation.
    The Office of Transportation Policy is responsible for recommending 
overall transportation policy initiatives for the Secretary, and 
coordinating multi-modal initiatives and processes. In this role, I 
have managed large, multi-modal teams of hundreds to take an intermodal 
approach to innovative technologies and infrastructure investments. Two 
recent examples include teams of more than 200 employees each for both 
the Automated Vehicles 3.0: Preparing for the Future of Transportation 
guidance document, and for the process of making recommendations for 
the 2018 $1.5 billion BUILD Transportation grant program.
    In previous roles, I served as a contractor with one direct report, 
but organized and managed nation-wide advocacy campaigns that included 
offices in each state and the District of Columbia. This work consisted 
of organizing cross-functional teams to reach employees, retirees, 
customers, media and other external stakeholders worldwide as part of 
advocacy campaigns to influence narratives around complex issues, 
including connectivity, cybersecurity, data governance, privacy and 
workforce impacts.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Amy Klobuchar to 
                              Finch Fulton
    Grant Programs. Grant programs administered by DOT provide critical 
funding for transportation projects in my state. While DOT awarded $900 
million in Better Utilizing Investments to Leverage Development (BUILD) 
funding in Fiscal Year 2019, Minnesota was one of fifteen states that 
did not receive any BUILD funding that year--although other states 
received up to three grants. I led a letter with members of the 
Minnesota delegation asking Secretary Chao to provide clarity to the 
competitive applicants from Minnesota that did not receive any funding 
this year.

    Question 1. Can you provide an update on any actions that DOT has 
taken in response to this request?
    Answer. In the BUILD 2019 round, the Department received 666 
eligible grant applications requesting more than $9.6 billion in 
funding. With less than ten percent of the requested funding available 
for award, the Department was only able to award 55 projects in 35 
states. As a result, the Department is faced with many more 
unsuccessful applicants than award winners. The Department strives to 
select the best projects based on merit, while also meeting all 
statutory requirements established by Congress including considering 
geographic diversity among recipients, modal distribution, and 
balancing the needs of urban and rural areas. The Department 
anticipates upholding this same Congressional direction for the 
upcoming BUILD 2020 competition.
    The Department has already provided hundreds of application 
debriefs for BUILD 2019, including to every project sponsor who 
requested a debrief from Minnesota. Both the DOT and project sponsors 
find great value in the dialogues that are a part of these debriefs. We 
look forward to working with your stakeholders, and all relevant 
stakeholders, to further strengthen their grant applications going 
forward.

    Bridges. Reports have found that four out of five bridges that are 
``structurally deficient'' and in urgent need of repair are in rural 
areas, yet without increased direct Federal investment, it will take 
over 80 years to make the repairs needed.

    Question 2. In your view, what should be done to provide for needed 
repairs for critical transportation infrastructure in rural areas?
    Answer. Safety is the Department's top priority. The Department 
works closely with States to ensure the safety of the Nation's bridges, 
including bridges in rural areas. The Federal Highway Administration's 
formula programs (including the Highway Safety Improvement Program, the 
Surface Transportation Block Grant Program, and the National Highway 
Performance Program) make funding available to States for projects and 
activities, including those related to bridges, in both rural and urban 
areas. The Surface Transportation Block Grant Program includes a 
specific set-aside for ``off-system bridges.'' Many of these off-system 
bridges provide vital connections to rural communities.
    The Further Consolidated Appropriations Act, 2020 (Pub. L. 116-94) 
provided $1.15 billion for a Bridge Replacement and Rehabilitation 
Program. This funding was distributed to States via formula and can be 
used for highway bridge replacement and rehabilitation projects on 
public roads in any area of the State. The Fiscal Year 2020 
appropriations act also provided $70 million for the Nationally 
Significant Federal Lands and Tribal Projects Program described in 
section 1123 of the FAST Act. This program provides funding to 
construct, reconstruct, or rehabilitate nationally-significant Federal 
lands and tribal transportation projects.
    The Fiscal Year 2021 President's Budget, recognizing the critical 
importance of rebuilding and modernizing America's infrastructure, 
requests $1 trillion in direct Federal investment, including $35 
billion for a new Bridge Rebuilding Program. This program will make 
targeted investments in critical bridge infrastructure, including $12 
billion for ``off-system'' bridges allocated via formula. The Budget 
also requests $25 billion for a new Revitalizing Rural America Program 
for rural communities to deliver broadband, transportation, water and 
other infrastructure projects.
    The President's Budget also requests significant resources for 
several competitive grant programs, including $1 billion for the 
Infrastructure for Rebuilding America (or INFRA) grant program and $1 
billion for the Better Utilizing Investments to Leverage Development 
(or BUILD) grant program. These programs provide Federal assistance for 
critical projects that will spur progress in both rural and urban 
communities across all modes of surface transportation infrastructure, 
including highways, transit, rail, and ports.
    In addition, DOT is providing additional support to rural 
communities through the Rural Opportunities to Use Transportation for 
Economic Success (ROUTES) initiative to help them in understanding and 
applying for DOT discretionary grants. These discretionary grant awards 
may be used repair critical infrastructure, including bridges. DOT is 
committed to assessing the needs and benefits of rural transportation 
infrastructure projects and continues to make improvements to our data-
driven approaches to better make these assessments.
                                 ______
                                 
 Response to Written Questions Submitted by Hon. Richard Blumenthal to 
                              Finch Fulton
    The Trump Administration's continued delay of the Gateway Program. 
You have worked for the current administration on transportation policy 
since November 2016. I want to discuss an issue that I have raised in 
the past and which we all know well. The Gateway Program.
    Some call it one project. Some call it several. No matter how you 
dice it, it is absolutely critical for the country that this program 
move forward.
    As you know, we are still awaiting a final Environmental Impact 
Statement (EIS) and Record of Decision for one component of the Gateway 
Program, the Hudson Tunnel Project. Further delays risk the shutdown of 
one or both of the existing 110-year-old tunnels--which would be 
devastating to my constituents and threaten public safety.
    Separately, and once the environmental review is complete, Federal 
investment in the Hudson Tunnel Project is an absolute necessity. We 
are talking about one of the most critical infrastructure projects in 
all of the United States.
    Last month, the FTA upgraded one component of the Gateway Program--
the Portal Bridge Project--to medium-high, which makes it eligible for 
Federal funding. Separately, I am curious to hear from you what the 
U.S. Department of Transportation is doing to proactively prepare for 
the inevitable needs that the Hudson Tunnel Project will require.

    Question 1. To what extent have you been involved with DOT's work 
on the Hudson Tunnel Project?
    Answer. I have had very little involvement in the Gateway suite of 
projects or in the management of the Federal Transit Administration's 
(FTA) or Federal Railroad Administration's (FRA) programs related to 
these projects. When appropriate, I have reached out to the FTA and FRA 
to inform my responses to your inquiries.

    Question 2. Would you consider cuts to infrastructure projects in 
an attempt to reduce spending? If so, please identify at least one 
project that could be delayed or canceled.
    Answer. The Department has placed a priority on improving our 
Nation's transportation infrastructure. As a result, the Department 
foresees a continued need for increased surface transportation 
infrastructure investments to support improved safety, state of good 
repair, economic competitiveness, quality of life, and environmental 
outcomes for our country.
    However, bringing spending in line with revenue can also mean 
finding ways to use funding more efficiently. DOT continues to be a 
source of collaboration and innovation with our States and local 
partners. Through the Every Day Counts initiative, Federal Highways 
(FHWA) works with State transportation departments, local governments, 
tribes, private industry and other stakeholders to identify new 
innovations to champion through regional summits. These innovations can 
facilitate greater efficiency at the State and local levels, saving 
time, money and resources that can be used to deliver more projects.

    Question 3. Do you agree that the Capital Investment Grant funding 
and the EIS are not dependent on one another?
    Answer. As part of a streamlining effort at the Department, the FRA 
has assumed the lead role in processing the project's EIS, while the 
FTA is conducting the statutory review requirements necessary under the 
Capital Investments Grant (CIG) program, mainly the evaluation and 
rating of financial commitment to the project, including evidence of 
stable and dependable financing sources. While the assessment of a 
financing plan and the development of an EIS are two distinct processes 
at the Department, as noted by Secretary Chao in her recent testimony 
before the Senate Committee on Appropriations, the funding plan for any 
project is outlined in the project's EIS document.

    Question 4. What steps is DOT taking to proactively sure up funding 
for the construction of a new tunnel and to rebuild the existing tunnel 
between New Jersey and New York?
    Answer. The Hudson Tunnel Project is a complicated, multi-
jurisdictional project that requires coordination with the public and 
numerous stakeholders. The Department is currently working with Amtrak 
to advance critical rehabilitation and repair work in the existing 
North River Tunnel. Given the complexity of the project, the Department 
is working with third-party experts to identify innovative and 
efficient delivery options for the project. Leveraging existing capital 
resources and recruiting new expertise will help the Department 
understand the full requirement for this project. While funding is 
important, the experts should have an opportunity to review and 
understand whether all delivery options--technical and logistics--have 
been considered. The Department believes that a more accurate cost 
projection will result from this type of thorough review.

    Question 5. Can you please explain the ``Canarsie'' method recently 
mentioned by Secretary Chao during a hearing before the Senate 
Committee on Appropriations?
    Answer. The ``Canarsie Method'' refers to a program of 
rehabilitation work being conducted on the New York Metropolitan 
Transportation Authority's (MTA) Canarsie L Train Tunnel connecting 
Brooklyn to Lower Manhattan. In coordination with a group of civil 
engineering experts from Columbia and Cornell Universities, the MTA 
developed means and methods for a rehabilitation program that both 
remediates damage caused by Superstorm Sandy and resolves deficiencies 
caused by the tunnel's age. This program is notable for its employment 
of innovative techniques and materials that only require limited track-
outage to be deployed. Consequently, critical rehabilitation work can 
occur on nights and weekends, without causing significant disruption to 
transit service, and commuter experience.

    Question 6. Do you believe that the ``Canarsie'' method is truly 
applicable to the North River Tunnel given the unique differences 
between the two projects?
    Answer. The Department is currently working with Amtrak to assemble 
a team of outside experts and further explore this question. The 
Department believes--in conjunction with Amtrak--that the ``Canarsie 
method'' as developed by the State of New York is applicable to the 
North River Tunnel, at least in part. Given the similarities between 
the North River and Canarsie Tunnels, the Department expects many 
lessons from the ``Canarsie Method'' to be either directly or 
indirectly transferable to the North River Tunnel rehabilitation 
program. The extent of the transferability will be further investigated 
and vetted by the expert panel in conjunction with Amtrak and New 
Jersey Transit engineers. The Department believes that there are 
opportunities to deliver safety-and operationally critical repairs in 
the near-term and will work with Amtrak to deliver those repairs as 
efficiently as possible.

    Question 7. If confirmed, will you work to move this critical 
infrastructure project forward?
    Answer. Our mission at the U.S. Department of Transportation is to 
ensure America has the safest, most efficient, and modern 
transportation system in the world, which improves the quality of life 
for all American people and communities, from rural to urban, and 
increases the productivity and competitiveness of American workers and 
businesses.
    As Secretary Chao noted in her testimony, the Federal Transit 
Administration recently assigned a new rating of ``medium-high'' to New 
Jersey Transit's application to the Capital Investment Grant (CIG) 
program for the Portal North Bridge project. The new funding-eligible 
rating allows the Portal North Bridge project to advance to the 
Engineering phase of the CIG program. Credit is due to New Jersey 
Transit (NJT) for submitting a stronger application with a robust local 
funding commitment. In addition, the Secretary announced the 
publication of the Environmental Assessment document for another 
Northeast Corridor project in early March--the Sawtooth Bridge 
replacement project. This project is another key component of the 
Gateway Program.
    Going forward, I look forward to working with the experts in the 
Department on these projects in my current role, or if confirmed as the 
Assistant Secretary.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Edward Markey to 
                              Finch Fulton
    The Gateway Program. The Department of Transportation is 
responsible for issuing a Record of Decision on the Gateway Program's 
Environmental Impact Study (EIS), one of the key hurdles to the 
development of the projects. The final materials for the EIS were 
submitted in February 2018. It has been reported that the DOT did not 
begin the review process until nearly 6 months later.
    Two projects in the Gateway Program, the Hudson Tunnel and the 
Portal North Bridge, are in the ``project development'' phase of the 
New Starts pipeline. In order for construction to begin, the projects 
must move to the ``engineering phase'' and then to Full-Funding Grant 
Agreements. The projects cannot enter these next phases until FTA 
issues a favorable rating. In 2018, the Department lowered the 
projects' medium ratings and has, until recently, maintained a lower-
than-medium rating for both projects.

    Question 1. Please describe any involvement you had in the 
consideration of the Gateway Program's EIS
    Answer. I have had very little involvement in the Gateway suite of 
projects or in the management of the Federal Transit Administration's 
(FTA) or Federal Railroad Administration's (FRA) programs related to 
these projects. When appropriate, I have reached out to the FTA and FRA 
to inform my responses to your inquiries.

    Question 2. Please describe any involvement you had in the 
downgrade of the Portal North Bridge and Hudson Tunnel projects.
    Answer. It is my understanding that the ratings of these projects 
are conducted by career staff. I was not involved.

    Question 3. In June 2017, you and other staff from the Office of 
the Secretary of Transportation held a senior staff brown bag lunch to 
discuss the Gateway Program. Please describe what was discussed at this 
June 2017 meeting.
    Answer. After searching my calendars and e-mails, I believe the 
purpose of the meeting was to receive a primer on the components of 
Gateway and definitions and terms.

    Question 4. In August 2017, you were included with various staff in 
the Office of the Secretary of Transportation on e-mails that discussed 
the Gateway Program with the subject line ``NYNJ memo.'' Included on 
that e-mail was a document titled ``nynj ransom--1 pager--v2.'' Please 
describe any involvement you had in the drafting of these documents. 
What does ``ransom'' in these documents refer to?
    Answer. It is my understanding that you are referring to an e-mail 
from a work colleague of mine, to his supervisor, where I was included 
in the distribution. While I did receive this e-mail, I have had very 
little involvement in the Gateway suite of projects or in the 
management of the FTA and FRA programs related to these projects.
    It is also my understanding that my colleague named the file this 
way in response to ongoing and public holds on USDOT nominees due to 
continued pressure from the NY/NJ delegation to commit to a certain 
cost sharing structure for the suite of Gateway projects. I did not 
have any involvement in the naming of this document.

    Question 5. On August 30, 2017, a White House National Economic 
Council staffer, DJ Gribbin, e-mailed Jeff Rosen at the Office of the 
Secretary of Transportation, requesting background information for a 
memo to the President that included information regarding the Gateway 
Program. Replying to an e-mail from White House staffer Allison Rusnak, 
you say ``Got it. We're on it.'' Later that day, Office of the 
Secretary of Transportation staffer Derek Kan sent a memo, with you 
CC'ed, titled ``nynj--NEC memo.docx.'' What information was in this 
document and what recommendations did it include?
    What information was in this document and what recommendations did 
it include?
    Answer. The Department has identified and reviewed the attachment 
in question. The Department can confirm the e-mail accurately describes 
the document, which provides background information on potential 
Department grants.

    Question 6. What specifically was your involvement in the drafting 
of this document?
    Answer. As noted above, I received the e-mail from Allison Rusnak, 
and responded to her and included a colleague of mine on the e-mail who 
was working on the background memo. As you note, another colleague of 
mine provided an update. Otherwise, I have had very little involvement 
in the Gateway suite of projects or in the management of the FTA or FRA 
programs related to these projects.

    Question 7. Did you have any other discussions with staff from the 
White House about the Gateway Program? If so, please describe those 
discussions.
    Answer. I have had very little involvement in the Gateway suite of 
projects or in the management of the FTA or FRA programs related to 
these projects. Any such additional discussion would have likely taken 
place among other colleagues.

    The Infrastructure for Rebuilding America Program. You were a 
member of the senior review team for the Infrastructure for Rebuilding 
America (INFRA) program, which the Government Accountability Office 
(GAO) found to be lacking ``consistency and transparency.'' GAO found 
that the INFRA program did not sufficiently document why some program 
applicants were followed up with and why some were not. GAO also found 
that it was not clear whether the grants given out were awarded on the 
basis of merit principles.
    In August 2017, you were included on e-mails with a document titled 
``INFRA_DRAFT_08917.docx.''

    Question 8. Why did the Department choose to follow-up with some 
grant applicants to ensure they provided additional information to 
qualify for the program but not follow-up with and afford other 
applicants the same opportunity?
    Answer. During the FY 2017-2018 round, the Department's Senior 
Review Team for the INFRA discretionary grant program identified 
projects where additional information would assist our consideration of 
those projects. The Department made those requests based on the 
evaluation ratings and information in front of us at that time.

    Question 9. Why did the Department choose not to document the 
decisions they made related to the INFRA program?
    Answer. The Department documented the decisions to follow-up with 
applicants in accordance with the evaluation guidelines for the FY2017-
2018 round. Following the GAO's review and recommendation on the 
subject, the Department implemented changes to the process for the FY 
2019 round to ensure that the basis for seeking additional information 
was better documented and that all similarly situated applicants were 
afforded the same opportunity to supply additional information.
                                 ______
                                 
     Response to Written Questions Submitted by Hon. Jon Tester to 
                              Finch Fulton
    Question 1. Highway Trust Fund spending far exceeds revenue, and 
will be exhausted by 2022. As you stated in your testimony, the 
Department of Transportation is considering many policy options to 
bring spending more in line with streams of revenue. Of those options, 
in your opinion which specific policy has the most merit?
    Answer. The Department of Transportation is looking forward to 
continuing to work, through the White House's interagency process, with 
Congress on any options to address this important issue.
    The Federal Highway Administration (FHWA) has provided funding to 
States to conduct research in this field via the Surface Transportation 
System Funding Alternatives Program (STSFA). The STSFA program provides 
grants to States or groups of States to demonstrate user-based 
alternative revenue mechanisms that utilize a user fee structure to 
maintain the long-term solvency of the Highway Trust Fund. Through the 
multiple rounds of STSFA awards, FHWA has seen States and partners 
research various Road User Charges (RUC) mechanisms such as paying at 
the pump/charging station, on-board mileage counters, and registration-
fee schedules as well as research in establishing requirements for 
implementation, interoperability, public acceptance, and other 
potential hurdles. The FAST Act funded the STFSA program for Fiscal 
Years 2016 through 2020. The results of this program are valuable as we 
look to work with Congress on various possibilities to address the 
long-term solvency of the Highway Trust Fund. My opinion is that the 
STSFA identified several options that have merit.
    In addition, FHWA established the Center for Innovative Finance 
Support (formerly Innovative Program Delivery) in October 2008 to 
provide a comprehensive set of tools and resources to assist the 
transportation community in exploring and implementing innovative 
strategies to deliver programs and projects. One of the Center's 
research focuses includes refining and developing new innovative 
strategies for project finance, revenue generation, and procurement. 
The Center is able to provide interested stakeholders with technical 
assistance and training in various Innovative Finance options including 
State Implementation Banks, Tolling, Value Capture, and Public Private 
Partnerships.
    The Department is aware that Congressional transportation 
committees and States are exploring various revenue mechanisms to fund 
infrastructure investment. At this point, all options are still on the 
table and none have been specifically endorsed by the White House or 
interagency partners in the Executive Branch, including DOT. We look 
forward to continue working closely with Congress to explore pay-for 
options.

    Question 2. Would you consider cuts to infrastructure projects in 
an attempt to reduce spending? If so, please identify at least one 
project that could be delayed or canceled.
    Answer. The Department has placed a priority on improving our 
Nation's transportation infrastructure. As a result, the Department 
foresees a continued need for increased surface transportation 
infrastructure investments to support improved safety, state of good 
repair, economic competitiveness, quality of life, and environmental 
outcomes for our country.
    However, bringing spending in line with revenue can also mean 
finding ways to use funding more efficiently. DOT continues to be a 
source of collaboration and innovation with our States and local 
partners. Through the Every Day Counts initiative, Federal Highways 
(FHWA) works with State transportation departments, local governments, 
tribes, private industry and other stakeholders to identify new 
innovations to champion through regional summits. These innovations can 
facilitate greater efficiency at the State and local levels, saving 
time, money and resources that can be used to deliver more projects.

    Question 3. Would you support an increase to the gas tax in an aim 
to increase revenue?
    Answer. All options are on the table and none have been 
specifically endorsed by the White House or interagency partners in the 
Executive Branch. As stated above, the Department of Transportation is 
looking forward to continuing to work with Congress on any options to 
address this important issue.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Maria Cantwell to 
                           John Chase Johnson
    Communication with Congress. Regular communication with Inspectors 
General (``IGs'') is one of the tools that the Senate Commerce 
Committee (``Committee'') uses to execute its oversight authority. In 
the past, the Federal Communications Commission (``FCC'' or 
``Commission'') IG has been responsive to Congress's requests that the 
office conduct investigations into questionable conduct at the agency.

    Question 1. Will you commit to responding to requests and questions 
from Members of this Committee in a timely fashion and in compliance 
with requested response deadlines?
    Answer. Yes. Section 2(3) of the Inspector General Act of 1978 
specifically tasks inspectors general (``IGs'') with keeping ``Congress 
fully and currently informed about problems and deficiencies relating 
to the administration of such programs and operations and the necessity 
for and progress of corrective action.'' I will fully comply with that 
obligation to keep Congress informed.

    Question 2. Will you commit to informing this Committee about 
whether your office is properly resourced?
    Answer. Yes. Implicit in Section 6 of the Inspector General Act of 
1978 is that IGs should be transparent to all stakeholders when budgets 
or resources might inhibit an office of inspector general (``OIG'') 
from performing its duties. I will keep the Committee informed about 
any concerns related to resources.

    Question 3. Specifically, will you commit to alerting the Committee 
if your office is ever in need of more resources to police FCC programs 
for waste, fraud, and abuse?
    Answer. Yes. If confirmed, I believe I would have a responsibility 
to inform the Committee if the FCC OIG needs more resources to police 
FCC programs for waste, fraud, and abuse.

    Maintaining Independence. If you are confirmed to your position, it 
will mark the first time that the Senate has confirmed the FCC's IG. It 
is essential that you take seriously your independence from all 
institutions and agencies of the Federal government, and ensure that 
your judgment is not swayed by political considerations.
    Question 4. Will you commit to maintaining your independence, and 
the independence of your office?
    Answer. Yes. I believe IG and OIG independence are critical. The 
Inspector General Act of 1978 makes this clear by, among other things, 
placing IGs under the ``general supervision'' of the head of the 
establishment, providing IGs with their own budgets and hiring 
authority, and granting IGs broad access to agency documents.

    Question 5. Will you commit to informing this Committee immediately 
if you are subject to any sort of political pressure, or otherwise 
prevented from fully performing your responsibilities as FCC IG?
    Answer. Yes. Political pressure and other obstacles to performing 
IG responsibilities reduce actual and perceived independence. Informing 
the Committee about these issues is an effective way to eliminate the 
problem and demonstrate that the OIG will steadfastly guard its 
independence.

    Question 6. The Inspector General Act grants IGs with broad 
authority to conduct audits, inspections or evaluations, and 
investigations. The current FCC IG recently conducted two major 
investigations. One concerned allegations as to whether FCC Chairman 
Ajit Pai took actions to improperly benefit one licensee, Sinclair 
Broadcasting. The second investigation examined allegations that false 
claims were made by the FCC that its electronic filing system was 
subject to cyber-attack during the net neutrality proceeding. Both of 
these controversies were investigated by the FCC's IG only after 
Congress specifically requested that action. If you are confirmed as 
the FCC's IG, will you pledge to closely monitor the FCC's activities 
and legitimate questions raised about the propriety of those 
activities, and initiate your own audits, evaluations, and 
investigations where appropriate?
    Answer. Yes. I pledge to monitor and understand the FCC's 
activities and to begin audits, evaluations, and/or investigations 
based on my observations.

    Question 7. Spectrum is a scarce and precious national resource 
that is owned by the American public, not the companies licensed to use 
it. The FCC's recent C-Band decision squanders that resource by giving 
away billions of dollars to foreign satellite carriers, based on novel 
and questionable readings of the law. The final incentive payments to 
these companies amount to almost $10 billion. There have been 
allegations that the FCC majority, in closed-door meetings, cut a deal 
on these payouts to the foreign satellite companies licensed to use the 
C-Band to avoid future lawsuits and help one of those companies avoid 
bankruptcy. If confirmed, will you commit to taking an in-depth look at 
the FCC majority's decision in the C-Band proceeding, and in 
particular, the methodology used to determine the billion-dollar 
payouts, to make sure the FCC's actions complied with the law?
    Answer. Yes. Spectrum allocation is one of the FCC's major 
functions and thus an important focus of the FCC OIG's oversight.

    Question 8. In the past, the FCC IG appears to have focused its 
oversight of the agency's universal service programs to only certain 
funds. If you are confirmed, will you commit to policing all of the 
FCC's critical universal service programs, including the High-Cost 
Fund?
    Answer. Yes. The FCC OIG is responsible for preventing fraud, 
waste, and abuse related to all funds within the Universal Service 
Program, including the High-Cost Fund.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Amy Klobuchar to 
                           John Chase Johnson
    Independence of the FCC Inspector General. Last year, the Justice 
Department and FCC approved the proposed merger of T-Mobile and Sprint. 
As Ranking Member of the Antitrust Subcommittee and a member of the 
Commerce Committee, I have led letters to the Justice Department and 
the FCC raising concerns about this transaction, including regarding 
potential political interference by the Administration in the merger 
investigation and the lack of transparency in the FCC's merger review 
process.

    Question 1. If confirmed, will you commit to remaining independent 
from improper political influence?
    Answer. Yes. If confirmed, I will have both an ethical and 
statutory obligation to remain independent. I believe independence is 
foundational to the work of IGs because it is inherent to the task of 
preventing fraud, waste, and abuse and because the structure of the 
Inspector General Act of 1978 requires strict independence.

    Question 2. What steps will you take to ensure that the Office of 
the Inspector General conducts investigations thoroughly and 
impartially?
    Answer. Thorough and impartial investigations depend on careful, 
detailed, and thoughtful work that contains no implicit assumptions and 
is unimpeachable in its fact-finding and conclusions. To produce 
unimpeachable work I would, if confirmed:

   Follow the guidance of the Council of Inspectors General on 
        Integrity and Efficiency;

   Scrutinize all of the work performed by the FCC OIG to 
        ensure its impartiality;

   Publish all reports, audits, and recommendations on the FCC 
        OIG website, no matter if publication is required;

   Be readily available to respond to this Committee and others 
        about FCC OIG reports, audits, and recommendations; and

   Create a culture of transparency throughout the FCC OIG to 
        eliminate potential problems or conflicts.

                                  [all]