[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
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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.