- NOMINATIONS TO THE EXECUTIVE OFFICE OF THE PRESIDENT, THE DEPARTMENT OF COMMERCE, THE NTSB, AND THE AMTRAK BOARD OF DIRECTORS

[Senate Hearing 111-514]
[From the U.S. Government Publishing Office]

S. Hrg. 111-514

NOMINATIONS TO THE
EXECUTIVE OFFICE OF THE PRESIDENT,
THE DEPARTMENT OF COMMERCE, THE NTSB,
AND THE AMTRAK BOARD OF DIRECTORS

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

HEARING

before the

COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE

ONE HUNDRED ELEVENTH CONGRESS

FIRST SESSION

__________

NOVEMBER 18, 2009

__________

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

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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

ONE HUNDRED ELEVENTH CONGRESS

FIRST SESSION

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

C O N T E N T S

----------
Page
Hearing held on November 18, 2009................................ 1
Statement of Senator Rockefeller................................. 1
Statement of Senator Lautenberg.................................. 2
Statement of Senator Hutchison................................... 4
Prepared statement........................................... 4
Statement of Senator LeMieux..................................... 42
Statement of Senator Thune....................................... 44

Witnesses

Hon. Robert Menendez, U.S. Senator from New Jersey............... 5
Hon. Ted Kaufman, U.S. Senator from Delaware..................... 6
Hon. Philip E. Coyle III, Associate Director-Designate, Office of
Science and Technology Policy, Executive Office of the
President...................................................... 7
Prepared statement........................................... 8
Biographical information..................................... 9
Scott Boyer Quehl, Chief Financial Officer-Designate and
Assistant Secretary-Designate for Administration, United States
Department of Commerce......................................... 15
Prepared statement........................................... 17
Biographical information..................................... 19
Suresh Kumar, Assistant Secretary-Designate for Trade Promotion
and Director General, U.S. and Foreign Commercial Service, U.S.
Department of Commerce......................................... 27
Prepared statement........................................... 29
Biographical information..................................... 30
Anthony R. Coscia, Director-Designate, Amtrak Board of Directors. 50
Prepared statement........................................... 53
Biographical information..................................... 54
Albert A. DiClemente, Director-Designate, Amtrak Board of
Directors...................................................... 63
Prepared statement........................................... 64
Biographical information..................................... 64
Mark R. Rosekind, Member-Designate, National Transportation
Safety Board................................................... 68
Prepared statement........................................... 70
Biographical information..................................... 71

Appendix

Hon. Barbara Boxer, U.S. Senator from California on the
Nomination of Mark Rosekind, to be a Member and Reappointed to
the National Transportation Safety Board, prepared statement... 83
Hon. Barbara Boxer, U.S. Senator from California on the
Nomination of Philip Coyle III, to be the Associate Director at
the Office of Science and Technology Policy, Executive Office
of the President, prepared statement........................... 83
Response to written questions submitted to Hon. Philip Coyle III
by:
Hon. Tom Udall............................................... 84
Hon. Kay Bailey Hutchison.................................... 84
Hon. John Ensign............................................. 85
Hon. John Thune.............................................. 86
Hon. David Vitter............................................ 86
Response to written questions submitted by Hon. Mark Warner to
Scott B. Quehl................................................. 88
Response to written question submitted by Hon. Tom Udall to
Anthony R. Coscia.............................................. 89
Response to written question submitted by Hon. Tom Udall to
Albert A. DiClemente........................................... 89
Response to written questions submitted by Hon. Amy Klobuchar to
Mark R. Rosekind............................................... 90

NOMINATIONS TO THE EXECUTIVE OFFICE
OF THE PRESIDENT, THE DEPARTMENT OF
COMMERCE, THE NTSB, AND THE AMTRAK BOARD OF DIRECTORS

----------

WEDNESDAY, NOVEMBER 18, 2009

U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 2:35 p.m. in room
SR-253, Russell Senate Office Building, Hon. John D.
Rockefeller IV, Chairman of the Committee, presiding.

OPENING STATEMENT OF HON. JOHN D. ROCKEFELLER IV,
U.S. SENATOR FROM WEST VIRGINIA

The Chairman. Thank you, and good afternoon.
I want to welcome and congratulate the nominees. I guess I
can't congratulate all of them yet. They have to be confirmed,
and we have some people here to do some introductions.
But let me just make my opening statement, and then we will
go to Senator Frank Lautenberg, who may have an opening
statement, and we will go right to introductions.
Senator Lautenberg. Yes.
The Chairman. And obviously, I commend all of you for
agreeing to serve the Nation. Sometimes it just takes about a
year and a half to get confirmed, but that is part of public
service, and you are doing good things for our country, and I
appreciate that.
I have to apologize in advance for leaving half way
through. I am going to do three nominees and Frank, Senator
Lautenberg, is going to do three of the nominees. I want to
thank Senator Lautenberg for chairing the panel and for his
total commitment--he is sort of the founder or keeper of
Amtrak. I guess Joe Biden wouldn't have liked that, but he is
not here.
[Laughter.]
Senator Lautenberg. No, he would agree.
The Chairman. He would agree. OK.
And culminating in the Amtrak reauthorization that passed
in this last Congress.
I want to welcome Mr. Scott Quehl, who I just met, the
President's nominee to be Chief Financial Officer and Assistant
Secretary of Administration for the Department of Commerce. It
is a large job, with 38,000 people.
If confirmed, you will be responsible for overseeing the
Department's financial resources, human resources, and
facilities. With the Department's $17 billion budget, I am
confident that your financial management experience will serve
you well in carrying out these responsibilities.
I am also pleased to welcome Suresh Kumar, the President's
nominee to be the Commerce Department's Assistant Secretary of
Trade Promotion and Director General of the U.S. Foreign and
Commercial Services.
Isn't that the job that Sue Schwab had? I think so, in a
previous Administration.
Also, Mr. Philip Coyle has been nominated to be Associate
Director for National Security and International Affairs in the
Office of Science and Technology, OSTP, run by a very great
man, indeed. This position is currently vacant and has sat
unfilled for nearly a decade. I hope, Mr. Coyle, that your
nomination will serve to highlight the importance of science in
an inescapably globally connected world.
I now will turn to Frank Lautenberg, Senator Lautenberg,
for any comments he might have, and then we will have
introductions.

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

Senator Lautenberg. Thanks, Mr. Chairman, and thanks for
the opportunity to be frank with you----
[Laughter.]
Senator Lautenberg. The staff knows when to laugh. Did you
hear what I said?
The Chairman. No.
Senator Lautenberg. No, I said thanks for the opportunity
to be frank with you. And I had to wait until the staff got a
cue to laugh and----
The Chairman. It was good, but it was not a great joke.
[Laughter.]
Senator Lautenberg. I will take the man who owns one.
In any event, first of all, let me say that when we see two
distinguished Senators, as we have, at the witness table, we
can be sure that the people that they are here to acknowledge
and greet are well-trained and deserve the opportunity that
they have been nominated for.
First, I want to say that a good friend, Tony Coscia, is
here. Though that is not reason enough to endorse him. He is
really well-qualified, and I want to support his nomination to
serve on the Board of Amtrak.
The American people and our Nation's passenger rail system
will be well served by having Tony on the board. He has had
great experience. He is the Chairman of the New York/New Jersey
Port Authority and has learned an awful lot about
transportation and the needs for our region.
When I think about families who are making travel plans for
the holidays, I also think about the kind of problems that one
could have getting through in their means of travel. There will
be lines of airplanes on the tarmac and lines of cars on the
highway. When America has a vibrant and truly national
passenger rail system, there will be fewer lines, fewer hassles
and delays because our travelers will have more options. That
is the reason I wrote the law last year to reform and
revitalize Amtrak.
And Mr. Chairman, without your help, it never would have
passed, and I am grateful to you for that. I know Tony can help
make that law a success and help realize our vision of Amtrak
becoming one of the premier passenger rail systems in the
world, and I want it done in 5 years from now.
[Laughter.]
Senator Lautenberg. As Chairman of the Board for the Port
Authority of New Jersey and New York, he has distinguished
himself as one of the Nation's transportation experts. With
experience achieving those goals in the most densely packed
region in the country, Amtrak can be a better-run and smarter
operation than it has now, saving more money, carrying more
passengers, and expanding service into new areas of the
country. And I know that our distinguished colleague Senator
Hutchison is very much interested in rail service and promoting
that.
While at the Port Authority, Tony led the adoption of a $29
billion capital plan that spans over 10 years. The plan is
going to help develop a new rail tunnel under the Hudson River,
expand aviation facilities for our busy region, and rebuild the
World Trade Center site.
And I was a Commissioner of the Port Authority before I
came here, and I have got some sense of what it takes to manage
this complex organization. I think it is being particularly
well done.
And with Tony Coscia on the Amtrak board, I think our
confidence has been boosted that we can accomplish the goals
that we would like.
I am also pleased to introduce another New Jerseyian,
Suresh Kumar, a New Jersey resident who is President Obama's
nominee to head the United States and Foreign Commercial
Service at the Department of Commerce.
The Commerce Department and its Foreign Commercial Service
play a critical role in getting America's goods and services
overseas and creating new jobs here at home. Especially in
these difficult times, that job takes someone who understands
government, understands business, and understands how the two
can effectively work together.
Mr. Kumar is just the right man at the right time. As a
management consultant based in Princeton, New Jersey, Mr. Kumar
has devoted himself to helping businesses and nonprofits
improve their efficiency and, at the same time, improve the
lives of the people they serve. He worked for two of New
Jersey's most distinguished companies--Johnson and Johnson and
Warner-Lambert.
But, Mr. Kumar is more than one of New Jersey's successful
businessmen and entrepreneurs. He is also a global citizen who
has used his skills to help those who need that kind of help.
He was a special adviser to the Clinton Foundation and worked
with governments in Sub-Saharan Africa to create private-public
partnerships that would help the region grow and develop.
I also came from the business world, as Mr. Kumar did, and
I took what I learned starting a company and applied it to my
work here in the Senate. For some reason or other, it seemed
simpler then. But I know a business perspective is often what
it takes to get Government to run smoother, leaner, faster and
to help even more people.
So I am pleased, Mr. Chairman, and I thank you for the
opportunity to introduce these two outstanding candidates for
the positions in Government.
The Chairman. Thank you, Senator Lautenberg.
And now our Ranking Member, Senator Hutchison.

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

Senator Hutchison. Thank you, Mr. Chairman.
I will not read my opening statement. I will submit it for
the record. But I would like to let these witnesses go forward.
So thank you very much.
[The prepared statement of Senator Hutchison follows:]

Prepared Statement of Hon. Kay Bailey Hutchison, U.S. Senator from
Texas
Thank you, Mr. Chairman, for holding today's hearing. We will
consider a number of nominees chosen to fill positions across a variety
of agencies. I congratulate them on their nomination.
I want to first welcome Mr. Scott Quehl, who has been nominated to
serve as Assistant Secretary for Administration and Chief Financial
Officer at the Department of Commerce.
The Commerce Department's jurisdiction covers such far-reaching
matters as domestic telecommunications infrastructure, the census,
export promotion, and the National Oceanic and Atmospheric
Administration (NOAA). With over $17 billion in budget authority for
Fiscal Year 2009, the Chief Financial Officer of the Department of
Commerce has an enormous responsibility to ensure that the taxpayers'
money is being spent wisely.
I look forward to hearing from Mr. Quehl and learning about his
plans to ensure fiscal responsibility throughout the Department of
Commerce.
I am pleased the Administration has moved to fill the position of
Associate Director for National Security and International Affairs at
the Office of Science and Technology Policy and welcome the nominee,
Mr. Philip Coyle. This is an important position at OSTP, and a key to
ensuring that America not only remains competitive, but also safe from
bioterrorism, cyber sabotage, and other threats.
Mr. Coyle's background and experience make him well-equipped to
undertake the challenges and responsibilities of this position, and I
look forward to being able to support his confirmation.
I am also pleased to welcome Mr. Suresh Kumar, who has been
nominated to be Assistant Secretary of Commerce and Director General of
the United States and Foreign Commercial Service. The U.S. and Foreign
Commercial Service provides important services to U.S. businesses to
help them compete in the global marketplace. It expands the markets
available to U.S. exporters and provides assistance to small and medium
sized businesses that want to promote their products overseas.
Mr. Kumar has significant international business experience and I
look forward to hearing his ideas for the U.S. Commercial Service.
I would also like to recognize our transportation-related nominees,
who will appear on the second panel today. Dr. Mark Rosekind has been
nominated to be a member of the National Transportation Safety Board
(NTSB), and Mr. Albert DiClemente and Mr. Anthony Coscia have been
nominated to be members of the Amtrak Board of Directors.
As a former NTSB Vice-Chair, I understand well the important role
the Board plays in promoting our Nation's transportation safety. Mr.
Rosekind is a recognized expert in the area of fatigue, which impacts
safety across all transportation modes. I will be interested in
learning how he hopes to help the Board, and in turn, the
transportation industry, address fatigue management, as well as hearing
his views on other safety improvements.
And finally, I welcome the two Amtrak Board of Directors nominees,
Mr. Coscia and Mr. DiClemente. I have long been a supporter of Amtrak
and of a national system for passenger rail. It is important that we
look beyond the Northeast Corridor to other parts of the country that
can benefit from increased Amtrak service, including Texas. I will be
very interested in hearing from Mr. Coscia and Mr. DiClemente today on
how they believe passenger rail service can be improved and expanded to
play a greater role in our Nation's transportation system.
Thank you.

The Chairman. Now this is a little bit convoluted, but it
will make sense in the end. Senator Kaufman and Senator
Menendez, starting with Senator Menendez, you have people that
you want to introduce. They will not necessarily be on the
first panel. But I don't want to hold you here, and you don't
want to be held here.
So please proceed with the introduction.

STATEMENT OF HON. ROBERT MENENDEZ,
U.S. SENATOR FROM NEW JERSEY

Senator Menendez. Thank you, Mr. Chairman. Let me thank you
and the Ranking Member for the opportunity to join Senator
Lautenberg in joining in introducing Anthony Coscia as one of
President Obama's nominees for the Amtrak Board of Directors.
And let me take the occasion to salute Senator Lautenberg's
leadership on the Subcommittee on Surface Transportation. There
isn't a better, stronger, most effective advocate for mass
transit in this country, particularly rail transit, than
Senator Lautenberg. And he has proven that over his time here
in the U.S. Senate and has made the country better as a result
of it.
I think there is a growing recognition that investing in
passenger rail can strengthen our country in numerous ways--
creating jobs, reducing dependence on foreign oil, cleaning the
air that we breathe and the climate our children and
grandchildren will inherit--and I believe passenger rail is an
absolutely essential part of solving our transportation
challenges.
And I am glad that this Administration has taken numerous
steps to signal its commitment to this issue, including
spearheading a long-awaited high-speed rail network. In short,
now is the time to strengthen Amtrak and also provide it with
firm leadership as it expands into a central component of our
transportation future.
Tony Coscia is the right person at the right time to help
lead Amtrak as a Member of its Board of Directors. As Senator
Lautenberg said, he has, since 2003, been the Chairman of the
Board of Commissioners of the Port Authority of New York and
New Jersey, where he oversees a nearly $7 billion annual budget
while managing some of the most critical infrastructure
facilities in the region and in the country. Those include the
PATH commuter railroad, five airports, four port facilities,
six bridges and tunnels, and the World Trade Center.
As Chairman, he has worked diligently to ensure the safety
and security of the Port Authority's facilities, improve the
transportation networks between New York and New Jersey, and
spearheaded the agency's new mass transit rail initiatives.
He, prior to this work, spent 11 years as Chairman of the
New Jersey Economic Development Authority, where he worked to
strengthen the Garden State's economic base and revitalize
communities through job creation and retention.
Now I have worked closely with many people, Mr. Chairman,
over the 37 years of my public service. I have to be honest
with you. I have never seen someone who has the scope of
intellect, breadth of experience, as well as someone who can
bring people together in common cause to achieve a goal as Tony
Coscia has.
And he has great management skills to add to that, as well
as his commitment to improving the Nation's rail transportation
center, as is evidenced by the latest, most significant project
we are seeing in the country--a new mass transit tunnel leading
between New York and New Jersey, about an $8 billion to $9
billion program that will move literally thousands and
thousands of people successfully each and every day.
So given his proven leadership skills, I certainly am
confident of what he can do for Amtrak. I urge you, Mr.
Chairman and the Committee, to expeditiously support his
nomination, send it to the Senate for full confirmation, where
I look forward to being able to support him on the floor.
The Chairman. Thank you, Senator Menendez.
Senator Kaufman?

STATEMENT OF HON. TED KAUFMAN,
U.S. SENATOR FROM DELAWARE

Senator Kaufman. Chairman Rockefeller, Ranking Member
Hutchison, other members of the Committee, thank you for the
opportunity to appear before you to introduce Bert DiClemente,
one of the President's nominees for the Amtrak Board of
Directors.
I have known Bert DiClemente for over 30 years. He served
as a State Director in Delaware for then-Senator Joe Biden for
20 of those years. So he has been a colleague, a trusted
adviser to Joe Biden and to me, and a dear friend for a long,
long time. I know him very, very well.
It is a privilege for me to introduce Bert because I think
so very highly of him. I can recommend him to the Committee
strongly, unequivocally, and completely without reservation.
Bert is a man of great intelligence, character, integrity, and
conviction. Bert was named for his father, who worked for
railroads his entire career, including at Amtrak, from which he
retired in 1976.
As long as I have known Bert, he has been passionately
interested in railroads and Amtrak. Equally as important, Bert
has been intimately involved for almost every aspect of Amtrak
for decades. He has been involved with many Amtrak projects,
the Amtrak shops, Amtrak management, Amtrak labor issues,
especially Amtrak labor issues. He knows Amtrak, and he knows
its people--hundreds, if not thousands--its challenges, its
strengths and weaknesses very, very well.
Bert is truly honored to have this opportunity. I can
assure this Committee that he will take on these
responsibilities with sincere dedication and purpose. He will
be an excellent leader and director on the Amtrak Board if the
Senate chooses to confirm him, which I certainly hope it will.
Bert is a great choice. I look forward to having him on the
Amtrak Board, and I want to thank you.
The Chairman. Thank you very much, Senators Kaufman and
Menendez. Thank you for giving your time to the folks you
introduced and to us.
I want to call the first panel of nominees to the witness
table. That would be Suresh Kumar, nominee to be Director of
U.S. and Foreign Commercial Service; Philip Coyle, nominee to
be Associate Director at the Office of Science and Technology
Policy; and Mr. Scott Quehl, nominated to be Chief Financial
Officer at the Department of Commerce.
And I would welcome your opening statements, perhaps
starting with you, Mr. Coyle. And if you have family members
with you, we want to see them.

STATEMENT OF HON. PHILIP E. COYLE III,

ASSOCIATE DIRECTOR-DESIGNATE,

OFFICE OF SCIENCE AND TECHNOLOGY POLICY,

EXECUTIVE OFFICE OF THE PRESIDENT

Mr. Coyle. Thank you, Senator Rockefeller.
My wife, Dr. Martha Krebs, was not able to be here today.
She had wanted to, but wasn't able to. Martha had the great
pleasure of working for Senator Nelson, then Representative
Nelson on the House Science Committee. So our family has a
kinship with this Committee through those connections.
Martha and I share a lifetime of service to our country.
Among other things, Martha is a former Assistant Secretary of
Energy for Science.
Chairman Rockefeller, Ranking Member Hutchison, members of
the Committee, it is a pleasure and an honor to appear before
you today as President Obama's nominee to be Associate Director
for National Security and International Affairs in the Office
of Science and Technology Policy.
If confirmed, I will consider it an honor to serve the
President, his science adviser, Dr. John Holdren, and to work
with you and your colleagues to ensure that our national
investments in science and technology serve the American people
to develop science and technology programs that will increase
America's productivity and drive economic growth, to improve
the Nation's health, to provide new sources of energy, and to
protect the environment, and in particular, to safeguard U.S.
national security to protect our troops and to improve the
verification of arms control and nonproliferation agreements.
I was recently asked which aspects of my experience have
prepared me for the position to which I have been nominated.
Looking back over my career, I realized that every one of the
jobs I have held since 1959 has helped to prepare me for the
position for which I have been nominated.
If confirmed, I will leverage my 33 years with the Lawrence
Livermore National Laboratory, from which I retired as Deputy
to the Director. Additionally, my background includes service
as Assistant Secretary of Defense and Director of Operational
Test and Evaluation at the DoD, as Deputy Assistant Secretary,
Defense Programs at the U.S. Department of Energy, work with
private industry, and most recently with a nongovernmental
organization, the World Security Institute.
If I am confirmed, this would be an opportunity to serve my
country once again, to contribute to the national security of
the United States, to help support science and technology for
America's present needs and future development, and to help
foster international science and technology collaboration to
advance U.S. foreign policy objectives.
We must make every effort to ensure we strengthen America's
innovation in science and technology. Our Nation is dependent
on these innovative forces. American military technology is the
envy of the world, and American research and development
enterprise is indispensable to our future.
American private industry has played a key role in
developing products and services that improve the quality of
our lives, strengthen our economy, and protect us. Equally
important are America's colleges and universities, which
provide essential contributions to basic research and help
young people understand the power of modern science.
If confirmed, I will work with Government scientists,
policymakers, private industry, and educators to help their
skills and experience--to help apply their skills and
experience to the many national security challenges our Nation
faces.
If confirmed by the Senate, I look forward to working with
the exceptional national security and international affairs
teams assembled by President Obama, with the Congress, and
particularly with the members and staff of this Committee on
national security challenges and opportunities facing our
Nation.
I am grateful for the courtesy shown by your staff over the
past several weeks, and I look forward to working with you and
them in the future.
Mr. Chairman, I would be pleased to take any questions you
may have.
[The prepared statement and biographical information of Mr.
Coyle follows:]

Prepared Statement of Hon. Philip E. Coyle III, Associate Director-
Designate, Office of Science and Technology Policy, Executive Office of
the President
Chairman Rockefeller, Ranking Member Hutchinson, it is a pleasure
and an honor to appear before you today as President Obama's nominee to
be Associate Director for National Security and International Affairs
in the Office of Science and Technology Policy.
If confirmed, I will consider it an honor to serve the President,
his Science Advisor, Dr. John P. Holdren, and to work with you and your
colleagues to ensure that our national investments in science and
technology serve the American people; to develop science and technology
programs that will increase American productivity and drive economic
growth; to improve the Nation's health; to provide new sources of
energy and to protect the environment; and, in particular, to safeguard
U.S. national security, to protect our troops, and to improve
verification of arms control and nonproliferation agreements.
Mr. Chairman, my wife, Dr. Martha Krebs, was not able to be here
today. Martha had the great pleasure of working for Senator Nelson,
then Representative Nelson, on the House Science Committee. My wife and
I share a lifetime of service to our country. Among other things,
Martha is a former Assistant Secretary of Energy for Science.
I was recently asked which aspects of my experience have prepared
me for the position to which I have been nominated. Looking back over
my career, I realized that every one of the jobs I have held since 1959
has helped to prepare me for the position for which I have been
nominated. If confirmed, I will leverage my 33 years with the Lawrence
Livermore National Laboratory, from which I retired as deputy to the
Director. Additionally, my background includes service as Assistant
Secretary and Director Operational Test and Evaluation in the U.S.
Department of Defense; Deputy Assistant Secretary for Defense Programs,
U.S. Department of Energy; work with private industry; and most
recently with a non-governmental organization, the World Security
Institute. If I am confirmed, this would be an opportunity to serve my
country once again, to contribute to the national security of the
United States, to help support science and technology for America's
present needs and future development, and to help foster international
science and technology collaboration to advance U.S. foreign-policy
objectives.
We must make every effort to ensure we strengthen America's
innovations in science and technology. Our national security is
dependent on these innovative forces. American military technology is
the envy of the world, and America's research and development
enterprise is indispensable to our future. American private industry
has played a key role in developing products and services that improve
the quality of our lives, strengthen our economy, and protect us.
Equally important are America's colleges and universities, which
provide essential contributions to basic research and help young people
understand the power of modern science. If confirmed, I will work with
government scientists, policymakers, private industry, and educators to
apply their skills and experience to the many national security
challenges our Nation faces.
If confirmed by the Senate, I look forward to working with the
exceptional national security and international affairs teams assembled
by President Obama, with the Congress, and particularly with the
members and staff of this committee on the national security challenges
and opportunities facing our Nation. I am grateful for the courtesy
shown by your staff over the past several weeks, and I look forward to
working with you and them in the future.
I am pleased to answer any questions you may have.
______

a. biographical information
1. Name (Include any former names or nicknames used): Philip E.
Coyle III.
2. Position to which nominated: Associate Director, National
Security and International Affairs, Office of Science and Technology
Policy.
3. Date of Nomination: October 28, 2009.
4. Address (List current place of residence and office addresses):

23 Watercrest Court, Sacramento, CA, 95831. Residence and day-
to-day office.

5. Date and Place of Birth: August 30, 1934; Beverly,
Massachusetts, USA.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).

Spouse: Dr. Martha A. Krebs, Executive Director, Energy and
Environmental Research Development, Office of Research,
University of California at Davis; children: Laurie E.
Monserrat (daughter), age 51; Philip E. Coyle, IV (son), age
48, James Evans Coyle (son), age 46; Jonathan H. Leidecker
(step son), age 39.

7. List all college and graduate degrees. Provide year and school
attended.
Dartmouth College, BA, 1956, MSME, 1957.
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.

2001-present, Senior Advisor, World Security Institute
(formerly the Center for Defense Information).

1994-2001, Director Operational Test and Evaluation, U.S.
Department of Defense.

Consultant, DynCorp Meridian, 1993-1994.

1981-1993, Laboratory Associate Director, Lawrence Livermore
National Laboratory, retired in 1993 (the second time).

1979-1981, Deputy Assistant Secretary for Defense Programs,
U.S. Department of Energy.

1959-1979, various positions beginning as staff engineer in
1959, retired in 1979 (the first time) as Deputy Associate
Director for Lasers, Lawrence Livermore National Laboratory.

1957 to 1959, Teacher, Chadwick School.

State of California, Governor Schwarzenegger's Base Support and
Retention Council, 2004.

Defense Base Realignment and Closure Commission, 2005,
appointed by President George W. Bush.

The Standing Committee on Biodefense at the U.S. Department of
Defense, the National Research Council, 2007-present.

The Committee on Advanced Spectroscopic Portals, sponsored by
DHS, the National Research Council, 2008-2009.

The Committee on Improving Processes and Policies for the
Acquisition and Test of Information Technology in the DOD, the
National Research Council, 2008-present.

The Committee on the Test and Evaluation of Biological Standoff
Detection Systems, for the U.S. Army, the National Research
Council, 2007-2008.

The Committee on Criteria for the Management of Los Alamos and
Lawrence Livermore National Laboratories, ``Maintaining High
Scientific Quality at Los Alamos and Lawrence Livermore
National Laboratories,'' for DOE/NNSA, the National Research
Council, 2004.

The Committee on the Review of Testing and Evaluation
Methodology for Biological Point Detectors, for the U.S. Army,
the National Research Council, 2003-2004.

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

Senior Advisor, World Security Institute (formerly the Center
for Defense Information), 2001-present.

Consultant, Defense Group Inc. (DGI), 2006.

Consultant, RAND Corporation, 2005, 2007, and 2008.

12. Please list each membership you have had during the past 10
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap: None.
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, none.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period.

------------------------------------------------------------------------

------------------------------------------------------------------------
8/20/09 Mark Desaulnier $400
4/25/09 DCCC $2,000
8/7/08 Obama for America $500
2/14/08 Tauscher for Congress $2,000
8/12/07 Hillary for President $2,300
6/26/07 Steve Filson for Assembly $1,000
10/26/06 Tauscher for Congress $2,000
5/15/06 Steve Filson for Congress $1,000
4/08/06 Steve Filson for Congress $1,000
3/5/06 Tauscher for Congress $500
12/3/05 Friends of Hillary $500
10/31/05 Ellen Tauscher $250
9/19/05 DCCC $1,000
10/26/04 Committee to Reelect Linda $500
Sanchez
9/20/04 DCCC $1,000
8/12/04 Committee to Reelect Linda $500
Sanchez
5/23/04 DCCC $1,000
3/10/04 John Kerry for President $2,000
1/9/04 Howard Dean $250
1/7/04 Linda Sanchez $250
1/3/04 Tauscher for Congress $500
12/4/03 Friends of Hillary $1,000
9/30/03 Howard Dean $250
9/26/03 Linda Sanchez $250
9/24/03 Loretta Sanchez $250
6/1/03 Loretta Sanchez for Congress $500
4/15/03 Tauscher for Congress $500
9/30/02 Committee to Reelect Loretta $500
Sanchez
9/30/02 Rush Holt for Congress $500
5/28/02 Friends of Carl Levin $1,000
3/1/02 Tauscher for Congress $500
3/1/02 Rush Holt for Congress
2/4/02 Committee to Reelect Loretta $500
Sanchez
2/24/02 Kucinich for Congress $500
6/24/02 Loretta Sanchez $400
3/8/02 Ellen Tauscher $500
8/20/01 Friends of Hillary $500
3/14/01 Carl Levin $500
5/12/00 Ellen Tauscher $1,000
12/7/99 Ellen Tauscher $500
10/21/99 Al Gore $1,000
10/18/99 Al Gore $500
7/27/99 Hillary Clinton $500
5/5/99 Al Gore $250
------------------------------------------------------------------------

No offices held nor services rendered to a state or national
political party or election committee.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
In 1997, awarded the Defense Distinguished Service Medal by
Secretary of Defense William Perry, and in 2001 the Bronze Palm of the
Defense Distinguished Service Medal by Secretary of Defense William
Cohen.
In September 2000, awarded the Allan R. Matthews Award of the
International Test and Evaluation Association, its highest award, for
contributions to the management and technology of test and evaluation.
In March 2001, received the Hollis Award from the National Defense
Industrial Association for lifelong achievement in defense test and
evaluation.
By Aviation Week Magazine, named as one of its Laurels honorees for
the year 2000, a select group of people recognized for outstanding
contributions in aerospace.
In recognition of my years of service to the Laboratory and to the
University of California, the University named me Laboratory Associate
Director Emeritus.
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.

Contributor to ``Global Biosecurity,'' edited by Peter Katona,
Michael D. Intriligator and John P. Sullivan, Routledge,
London, expected publication date 2010.

``The Proliferation Security Initiative, Background, history,
and prospects,'' a commissioned paper for the International
Commission on Nuclear Non-proliferation and Disarmament,
January 2009.

``Missile Defense Malfunction,'' Ethics and International
Affairs Journal, Volume 22.1 Spring, 2008, a commissioned paper
for the Carnegie Council on Ethics in International Affairs.

``Missile Defense and Arms Control, 25 Years Later,'' The
Defense Monitor, the Center for Defense Information, March 21,
2008, with Victoria Samson; also see various electronic
postings on the Center for Defense Information website, 2001 to
the present.

``The Limits and Liabilities of Missile Defense,'' Current
History, November 2006.

``Is Missile Defense on Target?'', Arms Control Today, October
2003; Viewpoint.

``The Truth About Missile Defense: Will Science Make a
Difference?'', a review of the American Physical Society report
on the scientific feasibility of boost-phase missile defense,
for the APS News, a journal of the American Physical Society,
October 2003.

``Missile Defense in the Bush Administration,'' Arms Control
Today, May 2002.

March 17, 2009, House Committee on Appropriations, Subcommittee
on Energy and Water: The Future of the DOE Complex
Transformation Program.

February 25, 2009, House Committee on Armed Services,
Subcommittee on Strategic Forces: The Future of Missile Defense
Testing.

April 30, 2008, House Committee on Oversight and Government
Reform, Subcommittee on National Security and Foreign Affairs:
Oversight of Ballistic Missile Defense, (Part 3).

April 30, 2008, House Committee on Oversight and Government
Reform, Subcommittee on National Security and Foreign Affairs:
Oversight of Ballistic Missile Defense, (Part 2).

December 7, 2007, Senate Democratic Policy Committee:
Department of Defense Spending in Iraq.

June 6, 2007, House Armed Services Committee, Subcommittee on
Air and Land Forces: Army Force Protection Programs and
Operation Iraqi Freedom and Operation Enduring Freedom, Body
Armor.

January 18, 2007, House Armed Services Committee, Subcommittee
on Air and Land Forces: Army Force Protection Programs and
Operation Iraqi Freedom and Operation Enduring Freedom, Active
Protection Systems.

August 22, 2002, Commission on the Future of the United States
Aerospace Industry.

June 11, 2002, House Committee on Government Reform and
Oversight: Missile Defense Testing.

July 19, 2001, Senate Committee on Armed Services, Full
Committee: Ballistic missile defense policies and programs.

18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
Among the qualifications I would bring to the position is thirty-
three years experience with the Lawrence Livermore National Laboratory
in a variety of scientific and leadership positions, and from which I
retired as Deputy to the Director. I also bring experience as Deputy
Assistant Secretary for Defense Programs in the Department of Energy,
and my service from 1994 to 2001 as Assistant Secretary for Test and
Evaluation (Director, Operational Test and Evaluation) in the
Department of Defense. It would be an honor to serve in the Office of
Science and Technology Policy. If I am confirmed, this would be an
opportunity to serve my country once again, to contribute to the
national security of the United States, to help support science and
technology for America's present needs and future development, and to
help foster international science and technology collaboration to
advance U.S. foreign-policy objectives.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
With respect to sustaining proper management and accounting
controls, my responsibilities, if confirmed, would be to assure that
all activities under my purview at OSTP were managed in accordance with
applicable laws, regulations, and Congressional guidelines, in
accordance with the highest professional standards for scientific
research and technology development, and in accordance with scientific
and technological standards and practices for careful peer review. My
experience in managing large organizations includes serving as the
Deputy Director of the Lawrence Livermore National Laboratory, at the
time a 10,000 person Laboratory, serving as Assistant Secretary for
Test and Evaluation (i.e., Director Operational Test and Evaluation) in
the Department of Defense, and serving as Deputy Assistant Secretary
for Defense Programs in the Department of Energy.
20. What do you believe to be the top three challenges facing the
department/agency, and why?

1. Developing science and technology programs that will
increase American productivity and drive economic growth.

2. Developing science and technology programs that will improve
health, provide new sources of energy, and safeguard the
environment.

3. Developing science and technology programs that will
safeguard U.S. national security, protect our troops, and
support improved verification of arms control and verification
agreements.
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.
Pension, California State Public Employees Retirement System;
Pension, University of California Retirement System.
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, none.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated: None.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated: None.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy: None.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
Any potential conflicts of interest will be resolved in accordance
with the terms of an ethics agreement that I have entered into with the
designated agency ethics official for OSTP and that has been provided
to this Committee.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain: No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain: No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain.
I have been named as a defendant in several civil suits, but solely
in my capacity as a member of the 2005 Base Realignment and Closure
Commission. None of these cases alleged any personal wrong doing, and I
have played no role in their litigation.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain: No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______

resume of hon. philip e. coyle iii
Work Experience Summary
Philip Coyle is a Senior Advisor to the President of the World
Security Institute, and to its Center for Defense Information, a
Washington D.C.-based national security study center. He is a
recognized expert on U.S. and worldwide military research, development
and testing, on operational military matters, and on national security
policy and defense spending.
As an independent expert, Mr. Coyle has been called upon to testify
before Congress and to brief Congressional staff on the status of major
defense acquisition programs and related policy matters.
In 2005 and 2006, Philip Coyle served on the nine-member Defense
Base Realignment and Closure Commission (BRAC), appointed by President
George W. Bush and nominated by House Democratic Leader, Nancy Pelosi.
The Commission was responsible to determine those U.S. military bases
and facilities to be closed or realigned beginning in late 2005.
Mr. Coyle also served on Governor Arnold Schwarzenegger's Base
Support and Retention Council, from which he resigned to serve on the
President's BRAC Commission.
From September 29, 1994, through January 20, 2001, Mr. Coyle was
Assistant Secretary of Defense and Director, Operational Test and
Evaluation, in the Department of Defense, and is the longest serving
Director in the 25 year history of the Office. In this capacity, he was
the principal advisor to the Secretary of Defense on test and
evaluation in the DOD.
At the DOD, Mr. Coyle's responsibilities included stewardship of
the Major Range and Test Facility Bases of the DOD, including the large
test ranges and test centers which the DOD operates from Maryland and
Florida to California and Hawaii.
As Director, Operational Test and Evaluation, Mr. Coyle had
responsibility for overseeing the test and evaluation of over 200 major
defense acquisition systems. This included reporting to the Secretary
of Defense, and to Congress, on the adequacy of the DOD testing
programs, and on the results from those testing programs.
Mr. Coyle has 40 years experience in national security research,
development, and testing matters. From 1959 to 1979, and again from
1981 to 1993, Mr. Coyle worked at the Lawrence Livermore National
Laboratory (LLNL) in Livermore, California. Over those 33 years Mr.
Coyle worked on a variety of nuclear weapons programs and other high
technology programs. His experience with nuclear weapons includes
original engineering design, manufacturing and production, testing, and
stockpile surveillance and stewardship. Mr. Coyle also served as Deputy
Associate Director of the Laser Program at LLNL. Mr. Coyle retired from
the Laboratory in 1993 as Laboratory Associate Director and deputy to
the Director.
In recognition of his years of service to the Laboratory and to the
University of California, the University named Mr. Coyle Laboratory
Associate Director Emeritus.
During the Carter Administration, Mr. Coyle served as Principal
Deputy Assistant Secretary for Defense Programs in the Department of
Energy (DOE). In this capacity he had oversight responsibility for the
nuclear weapons research, development, production and testing programs
of the Department, as well as the DOE programs in arms control, non-
proliferation, and nuclear safeguards and security.
Recent Activities and Memberships
Currently Mr. Coyle serves on three National Academy of Sciences
Committees:

The Standing Committee on Biodefense at the U.S. Department
of Defense, the National Research Council, 2007 to present.

The Committee on Advanced Spectroscopic Portals, sponsored
by DHS, the National Research Council, 2008 to present, and

The Committee on Improving Processes and Policies for the
Acquisition and Test of Information Technology in the DOD, the
National Research Council, 2008 to present.

In recent years Mr. Coyle has served on a number of committees and
studies including:

Member, the Committee on the Test and Evaluation of Biological
Standoff Detection Systems, for the U.S. Army, the National
Research Council, 2007-2008.

Member, ``Nuclear Forensics: Role, State of the Art, Program
Needs,'' Joint Working Group of the American Physical Society
Panel on Public Affairs and the American Association for the
Advancement of Science, 2007-2008.

Member, the AAAS Nuclear Weapons Complex Assessment Committee,
``United States Nuclear Weapons Program: The Role of the
Reliable Replacement Warhead,'' the American Association for
the Advancement of Science, 2007.

Senior Advisor, Wind Tunnel and Propulsion Test Facilities, An
Assessment of NASA's Capabilities to Serve National Needs,'' An
Update. RAND, 2008.

Senior Advisor, Wind Tunnel and Propulsion Test Facilities, An
Assessment of NASA's Capabilities to Serve National Needs,''
RAND, 2004.

Senior Advisor, ``Wind Tunnel and Propulsion Test Facilities,
Supporting Analyses to an Assessment of NASA's Capabilities to
Serve National Needs'' RAND, 2004.

Member, The Committee on Criteria for the Management of Los
Alamos and Lawrence Livermore National Laboratories,
``Maintaining High Scientific Quality at Los Alamos and
Lawrence Livermore National Laboratories,'' for DOE/NNSA, the
National Research Council, 2004.

Member, the Committee on the Review of Testing and Evaluation
Methodology for Biological Point Detectors, for the U.S. Army,
the National Research Council, 2003-2004.
Honors

Mr. Coyle was awarded the Defense Distinguished Service Medal
by Secretary of Defense William Perry, and the Bronze Palm of
the Defense Distinguished Service Medal by Secretary of Defense
William Cohen.

In September, 2000, the International Test and Evaluation
Association awarded Mr. Coyle the Allan R. Matthews Award, its
highest award, for his contributions to the management and
technology of test and evaluation.

In March, 2001, Mr. Coyle received the Hollis Award from the
National Defense Industrial Association for his lifelong
achievement in defense test and evaluation.

Aviation Week Magazine named Mr. Coyle as one of its Laurels
honorees for the year 2000, a select group of people recognized
for outstanding contributions in aerospace.
Education

Mr. Coyle graduated from Dartmouth College with an MS in
Mechanical Engineering (1957) and a BA (1956).
Family

His wife, Dr. Martha Krebs, was Assistant Secretary of Energy
and Director of the Office of Science from 1993 to 2000, and
served as deputy director for R&D at the California Energy
Commission. They have four grown children, five grandchildren,
and one great grandchild, and live in Sacramento, CA.

June 2009

The Chairman. Thank you, Mr. Coyle.
We will have questions, but I would like to turn to Mr.
Quehl now, and we welcome you, sir.

STATEMENT OF SCOTT BOYER QUEHL,

CHIEF FINANCIAL OFFICER-DESIGNATE AND

ASSISTANT SECRETARY-DESIGNATE FOR ADMINISTRATION,

UNITED STATES DEPARTMENT OF COMMERCE

Mr. Quehl. Thank you, Chairman. Chairman Rockefeller----
The Chairman. Do you have family to introduce?
Mr. Quehl. I do. Thank you.
I would like to introduce Valerie Piper, my spouse, and my
son, Mark Quehl. Valerie is my guiding light with respect to a
reminder of the importance of public service. She is the
Executive Director for the Center for Redevelopment Excellence
at the University of Pennsylvania. She is dedicating her
energies to the expansion of publicly assisted housing in New
Orleans. She is an adviser to the Annie E. Casey Foundation and
to the Chicago Housing Authority.
My son, Mark, is the center of our collective hearts,
Valerie and mine, born in raised in Philadelphia, Pennsylvania,
proudly attending first grade at St. Peter's School. He is
quite active in the ballet and martial arts and exposes me to
beatings on a regular basis.
My mother, Janeen Joy Babler, and stepfather, David Alvin
Babler, are here. My mother is a professional artist who was
recognized by Governor Doyle of Wisconsin for her contributions
to the Wisconsin State quarter design. David has been a father
figure to me and great friend ever since I have known him.
Also here today from my family are Frank and Susan Carr.
Frank has dedicated his career to the Federal Aviation
Administration.
The Chairman. Can you imagine what would have happened had
you not introduced them?
[Laughter.]
The Chairman. Please proceed with your statement.
Mr. Quehl. Thank you, Mr. Chairman.
Chairman Rockefeller, Ranking Member Hutchison, and
distinguished members of this Committee, I am honored and I am
humbled to be with you today as President Obama's nominee to
serve the United States Department of Commerce as the Chief
Financial Officer and Assistant Secretary for Administration.
I would like to thank the members of this Committee and the
staff for very fine and thought-provoking discussions over the
last several weeks leading up to this hearing on the
Department's financial and management priorities. We all share
a common commitment, it is very clear, to a department that is
efficient and effective in helping to stimulate economic
recovery and sustain that recovery over the long term. If
confirmed, I look forward to open communications with you and
your staffs in the years ahead.
I would also wish to thank President Obama and Secretary
Locke for the confidence they have shown in me for putting
forward my nomination. I am grateful to the support of Senator
Kohl of Wisconsin, where I principally grew up, and from
Senator Casey of Pennsylvania, where I attended graduate
school, where Valerie and I have raised Mark, and where I have
lived for the last 11 years.
Finally, I wish to thank two public servants who have been
essential to my professional formation. At a very personal
level, both have shown me that a Chief Financial Officer's
vision of energy and of rigor and of courage can extend the
reach beyond general ledgers and budget object classes to make
Government simply better, better able to help people make the
most of their own lives.
First would be former Chief Financial Officer and former
Mayor of the District of Columbia Anthony Williams. The other
would be former Finance Director of the City of Philadelphia,
former Controller of the United States, and presently Senior
Adviser to the President, Vice President, and the OMB Director,
G. Edward DeSeve.
My job, if confirmed, will be to ensure that the
Department's mission, its goals, and its budgets are connected
to measurable results that matter; to ensure that the
Department makes best use of its human capital and to manage
its risks prudently; to procure goods and services cost-
effectively and fairly, particularly large mission-critical
capital assets whose success will be critical not only
programmatic outcomes, but the department's budget stability;
to facilitate an integrated department, which applies taxpayer
resources to achieve the public policy aims for which they were
intended while respecting appropriately distinctions in program
goals and even bureau cultures; to build upon the department's
well-deserved reputation for clean audit opinions, for solid
internal controls, and for faithful financial reporting; to
effectively plan, budget, and manage the department's 860-plus
facilities and other assets and secure them from those who
would do our country harm; to invest soundly and efficiently
the resources entrusted to the department for the
implementation of the American Recovery and Reinvestment Act.
I know the positive impact a well-executed Government
administration in such areas--the impact that these could have,
from my service as a Peace Corps volunteer, from my service at
the World Bank, from my service in the Metropolitan Police
Department of the District of Columbia as Chief Financial
Officer, from my service in the Office of Federal Financial
Management for the United States Office of Management and
Budget, and to the advice and support I have given to
governments in 16 states and 4 countries in helping them meet
their financial and operational challenges.
If confirmed, I will work in a spirit of partnership and
client service that has been articulated by Secretary Gary
Locke with the department's policy, program, and operations
leadership, seeking the counsel and implementation support from
the department's strong corps of career service employees.
If confirmed, I will view the Inspector General and the
Government Accountability Office as sources of expertise to be
consulted frequently. I will draw from and contribute to the
formulation of best management practices within the Federal
Government through interagency councils, and in close
consultation with the Office of Management and Budget.
Mr. Chairman, I thank you for your consideration of my
nomination and for the opportunity to address this Committee
today and would welcome further questions.
[The prepared statement and biographical information of Mr.
Quehl follows:]

Prepared Statement of Scott Boyer Quehl, Chief Financial Officer-
Designate and Assistant Secretary-Designate for Administration, United
States Department of Commerce
Chairman Rockefeller, Ranking Member Hutchison, distinguished
members of the Committee, I am honored and humbled to come before you
today as President Obama's nominee to be Chief Financial Officer and
Assistant Secretary for Administration of the United States Department
of Commerce. I want to thank the Members of this Committee and their
staff for our productive discussions on the Department's finances and
operations in the weeks leading up to this hearing. We all share a
commitment to a Department that is efficient and effective, as it
promotes accelerated economic recovery and sustainable growth through
trade promotion and commercial diplomacy, innovation and intellectual
property, and the science and infrastructure that businesses will rely
upon to develop a vibrant clean energy industry. If confirmed, I look
forward to open communications with all of you as we work together to
translate this commitment into results.
I also thank President Obama and Secretary Locke for the confidence
they have shown in me by putting forward my nomination to serve our
country at such a critical time. I am grateful for the support from
Senator Kohl of Wisconsin. Monroe and Green Bay, Wisconsin provided
loving communities for the families which raised me: the Quehls, the
Sheltons, the Boyers, and the Bablers. It was the faculty of Monroe's
public schools who made a student out of me, and the professors of
Lawrence University who instilled a habit of mind for challenging
assumptions and critical thinking.
I appreciate the statement of support from Senator Casey of
Pennsylvania. Pennsylvania has been the birthplace of my son; the place
where I received my advanced education at the University of
Pennsylvania's Fels Institute of Government; and a place where, for a
decade, my partners and I helped governments in 16 states pull
themselves back from the brink of financial collapse, head off pending
financial and operational problems before they resulted in crisis, or
improve very good management practices into great ones. Finally, I
thank two public servants who have been essential in my professional
formation--who have shown me how a chief financial officer of vision,
of energy, and of courage can extend beyond ledgers and budget object
classes to make government better able to help people make the most of
their own lives: CFO, then Mayor, of the District of Columbia Anthony
Williams; and former Finance Director of Philadelphia, Controller of
the United States, and present Senior Advisor to the President, Vice
President, and OMB Director, G. Edward DeSeve.
I would like to introduce my wife, Valerie Gregory Piper, and son,
Mark Gregory Babler Quehl. Valerie, Executive Director for the
University of Pennsylvania's Center for Urban Redevelopment Excellence,
devotes herself to the expansion of publicly-assisted housing in New
Orleans and serves as advisor to the Annie E. Casey Foundation and the
Chicago Housing Authority. Mark, the center of Valerie and my
collective heart, attends the first grade at St. Peter's School in
Philadelphia, and helps us operate our farm in Delaware County, New
York. Also here today are my mother, Janeen Joy Babler--an artist
recognized by the Governor of Wisconsin for her contributions to the
design of the state's quarter--and my step-father and great friend,
David Alvin Babler.
My job, if confirmed, will be to carry out such responsibilities as
the following:

Ensuring the Department's mission, goals, and budgets are
connected to measurable results that matter.

Ensuring the Department makes best use of its human capital,
providing the management and tools to improve productivity and
results.

Procuring goods and services cost-effectively and fairly--
particularly large, mission-critical capital assets whose
success or failure have material bearing on programmatic
success and Department budget stability.

Managing risk prudently.

Facilitating an integrated Department which applies taxpayer
resources to achieve the policy results intended while
respecting appropriately distinct goals, even cultures, of
bureaus and programs.

Building upon the Department's well-deserved reputation for
clean audit opinions, internal controls, and faithful financial
reporting.

Effectively planning, budgeting, and managing the
Department's 860 facilities and other assets, and secure them
from those who would do our country harm.

Investing--soundly and effectively--the resources entrusted
to the Department for implementation of the America Recovery
and Reinvestment Act.

I know the positive impact well-executed government administration
in such areas can have, through my experiences as a Peace Corps
Volunteer, at the World Bank, with the Metropolitan Police Department
of the District of Columbia, with the Office of Federal Financial
Management of the U.S. Office of Management and Budget, and while
helping governments throughout the country meet their challenges.
If confirmed, I will work in a spirit of partnership and client
service that has been articulated by Secretary Gary Locke with the
Department's policy, program, and operations leadership, seeking
counsel and implementation support from the Department's strong corps
of career service employees. I will view the Inspector General and the
Government Accountability Office as sources of expertise to be
consulted frequently. If confirmed, I will draw from, and contribute
to, the formulation of best practices through the Federal CFO Council
and other inter-agency councils, and through working closely with the
Office of Management and Budget. And I will seek open dialogue with
this Committee and other Members of Congress. Mr. Chairman, I thank you
for your consideration of my nomination and for the opportunity to
address any questions that you and your colleagues might have.
______

a. biographical information
1. Name (Include any former names or nicknames used): Scott Boyer
Quehl.
2. Position to which nominated: Chief Financial Officer/Assistant
Secretary for Administration, Department of Commerce.
3. Date of Nomination: October 16, 2009.
4. Address (List current place of residence and office addresses):

Residence: Information not released to the public.

Office: Public Resources Advisory Group, 117 Gayley Street,
Suite 200, Media, PA 19063.

5. Date and Place of Birth: February 9, 1966; Springfield, Ohio.
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).

Wife: Valerie Gregory Piper, Executive Director, Center for Urban
Development Excellence, University of Pennsylvania and President, Piper
Advisory Services; son: Mark Gregory Babler Quehl, age 7.

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

Lawrence University, Appleton, WI. Bachelor of Arts in
Political Science and History, 1984-1988.

University of Pennsylvania, Fels Institute of Government,
Philadelphia, PA. Master's of Government Administration, 1991-
1993.

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

Public Resources Advisory Group, Philadelphia, PA, 2009 to
Present. Senior Managing Director. Leading Strategic Advisory
Group, offering operating and capital budget, management,
infrastructure finance, and debt advisory services to state and
local governments.

Quehl Advisors/Parnassus Advisors, LLC, Philadelphia, PA, 2008-
2009. President. Provided management and financial advice to
the City of Camden, New Jersey to analyze and recommend
improvements to the City's employee benefits, insurance, and
related procurement, information technology, and human resource
management practices. Project sponsored by the Brookings
Institution and supervised by the State of New Jersey's
Treasury Department. On pro bono basis, provided advice to the
City of Philadelphia on strategy to contain growth of Police
Department overtime costs, and to the Fels Institute of
Government at the University of Pennsylvania on expanding its
consulting services to local and state governments.

Mark's Good Apples, Bloomville, NY, 2008 to 9/30/09, President.
Developing locally grown produce to promote quality of
nutrition and life in Western Catskills.

JPMorgan Securities, Inc., New York, NY, 2007-2008. Managing
Director, Head of Tax-Exempt Capital Markets Mid-Atlantic
Group/CoHead Infrastructure Advisory Group. Mobilized JPMorgan
business units to expand government investment banking services
in Mid-Atlantic, including the District of Columbia's 2008
conversion and remarketing of $185 million Variable Rate Demand
Bonds. Co-Head of Infrastructure Advisory Group, with focus on
public-private partnerships and knowledge management system
development. Member of JPMorgan's Tax Exempt Capital Markets
Operating Committee.

Public Financial Management, Inc. (``PFM''), Philadelphia, PA,
1997-2007. Managing Director. Led in emergence of PFM's
Strategic Consulting Group, connecting city and county policy
priorities to financial strategy and improved budgeting, labor
relations/personnel management, privatization, procurement,
technology, revenue enhancement, cost containment,
organizational restructuring, service delivery, performance
metrics, credit ratings, and/or debt management in 14 states.
Advisor to Metro Louisville-Jefferson County, KY; Minneapolis,
MN; Fulton County and Atlanta, GA; Austin, TX; Oakland and Long
Beach, CA; Shelby County, Memphis, and Chattanooga, TN; Memphis
Light, Gas & Water, Providence, RI; the District of Columbia;
Jackson, MS; Springfield, MA; Nassau and Erie Counties, NY; New
Orleans, LA; Newark, East Orange, and Camden, NJ; South Jersey
Port Corporation, Philadelphia Gas Works, and New Haven and
Bridgeport, CT.

Metropolitan Police Department, Washington, D.C., 1997-1998.
Chief Financial Officer. Took a half-year leave of absence from
PFM to serve as acting, then full-time, Chief Financial Officer
of the District of Columbia's Metropolitan Police Department
during a period of crisis, launching initiatives to cut
overtime, improve technology, privatize the fleet, tighten
internal controls, realign staff, and produce a $250 million
operating and capital budget deemed to be a model for other
agencies to follow.

Executive Office of the President of the United States, Office
of Management and Budget, Washington, D.C., 1995-1997. Special
Assistant to Controller, Office of Federal Financial
Management. Co-authored OMB Circular A-11, Part 3: Capital
Programming Guide, establishing parameters for Federal capital
project planning and budgeting. Focused on the District of
Columbia's financial recovery, including the Federal/District
agreement to realign financial and service responsibilities and
the District's access to capital markets. Also supported:
integrated Federal financial information systems and uniform
accounting standards, collaborating with department chief
financial officers, per the Federal Financial Management
Improvement Act, the CFO's Act, and Joint Financial Management
Improvement Program; the integration of performance metrics and
strategic planning with budgeting and accounting per the
Government Performance and Results Act; and development of
consolidated Federal financial statements under the Government
Management Reform Act.

The World Bank, Washington, D.C., 1992-1995. Country Officer,
Dominican Republic and Consultant. Following engagement as
intern and then short-term consultant in 1992, engaged as long-
term consultant to serve as Country Officer for the Dominican
Republic to support the Country Assistance Strategy, co-lead
the development of the Second Basic Education Development
Project. Also advised Colombia and Bolivia on state and local
government financial management.

Peace Corps, Sabanagrande, Honduras, 1989-1991. Volunteer. Led
health initiatives with Social Welfare Department and worked
with community leaders to develop the library Biblioteca Juan
Angel Nunez Aguilar.

Public Resources Advisory Group, Philadelphia, PA, 2009 to 9/
30/09, Senior Managing Director.

Quehl Advisors/Parnassus Advisors, LLC, Philadelphia, PA, 2008-
present, President.

Advisor to City of Camden, New Jersey, under
supervision of New Jersey Treasury Department and
sponsorship of the Brookings Institution.

Advisor for the Executive Director of the Fels
Institute of Government, University of Pennsylvania.

Advisor to the Deputy Mayor for Public Safety and
Managing Director, working in collaboration with the
Office of the Commissioner, on Police Department
overtime cost containment.

Mark's Good Apples, Bloomville, NY, 2008 to Present, Owner.

JPMorgan Securities, Inc., New York, NY, 2007-2008. Managing
Director, Head of Tax-Exempt Capital Markets Mid-Atlantic
Group/Co-Head Infrastructure Advisory Group.

Public Financial Management, Inc. (``PFM''), Philadelphia, PA,
1997-2008, Managing Director.

Philadelphia Racquet Club, 2008-present.

St. Peter's Episcopal Church, 2006-present.

Old First Reform Church, 2004-2005.

National Court Tennis Association, 2008-present.

Philadelphia Sports Club, 2002-2007.

To the best of my knowledge, 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: No.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period: None.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.

In 1998, the Acting Chief of Police of the Metropolitan Police
Department of the District of Columbia, Sonya Proctor,
commemorated the quality and rigor of my leadership in the
Department, during its transformation through a period of
crisis.

In 1991, upon completion of my service as a United States Peace
Corps Volunteer, the members of the community of Sabanagrande,
Honduras who worked with me to develop the Bibloteca (Library)
Juan Angel Nunez Aguilar awarded a certificate of merit for my
service.

In 1991, the Fels Institute of Government of the University of
Pennsylvania awarded to me a scholarship to pursue a Master's
in Government Administration.

Co-authored OMB Circular A-11, Part 3. Capital Programming
Guide, Executive Office of the President of the United States,
Office of Management and Budget, 1997.

Co-authored ``Capital Programming for Results: A Framework for
Federal Government Agencies,'' Government Finance Review,
February 1998.

Co-authored ``The Federal Budget: Connecting Resources to
Results,'' Government Finance Review, August 1996.

Co-Authored ``Colombia: Toward Increased Efficiency and Equity
in the Health Sector--Can Decentralization Help?''
International Bank for Reconstruction and Development (``World
Bank''), Report No. 11933-CO, March 1994.

Authored ``The Bottom Line. . .and Beyond: Financial Plans
Guided Philadelphia and New Haven Recovery", Brookings Review,
Summer 2000.
Speeches

Metropolitan Governance Series, Credit Ratings of Cities. New
Haven, CT: An Approach to Sustained Recovery, International
Bank for Reconstruction and Development (``World Bank''), May
21, 2002.

Infrastructure and Capital Budgeting, Fels Institute of
Government, University of Pennsylvania, Fall 2007.

Address on Lessons Learned to American Road and Transportation
Builders Association, 20th Annual Public Private Ventures
Transportation Conference, September 15, 2008.

Beyond the Bottom Line: Financial Planning and Local Government
Financial Recovery, Government Finance Officers Association
Annual Conference, June 2001.

Tools for Financial Managers in Promoting Public Safety,
International City and County Manager's Association 92'' Annual
Conference in San Antonio, June 2006.

17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony: Not Applicable.
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I have worked with and for some of the country's most talented
Federal and local government financial managers--financial managers who
not only balance budgets, establish strong systems, produce transparent
reporting, and strengthen internal controls, but also take a ``broad
shouldered'' view of the role of chief financial officer in applying
the levers of financial management and internal administrative
efficiency to drive better program results. I have served Anthony
Williams, as Chief Financial Officer, later Mayor, of the District of
Columbia, and G. Edward DeSeve, Controller of the Office of Federal
Financial Management and one-time Finance Director of the City of
Philadelphia--two exceptional financial managers cut from this stamp,
whose approach has shaped mine.
As Governor of the State of Washington, Secretary Locke led a
successful results-based budget process to eliminate a projected $2
billion projected deficit--about 10 percent of the State's biennial
budget--by identifying efficiencies in program design and
administration, and defining desired program results and prioritizing
these programs within available resources. As performance expectations
continue to rise, budgets tighten, and difficult decisions have to be
made, I anticipate bringing to the Secretary's service both my
experience at the U.S. Office of Management and Budget and expertise
working with elected and appointed government officials in 14 states to
meet their financial and management challenges, while a Managing
Director at Public Financial Management, JPMorgan, and Public Resources
Advisory Group. This experience includes tying operating and capital
budgets to multi-year plans for management transformation and financial
stability, the use of competitive contracting/privatization/public-
private and public-public partnerships to contain costs, control risk,
and improve service delivery, overtime and employee benefits cost
containment, labor negotiations strategy, government revenue
enhancement, use of information technology and procurement reform to
improve productivity and/or enhance savings, credit rating enhancement
strategy, and public safety efficiency improvements.
At the request of then-Chief Financial Officer, later Mayor,
Anthony Williams, and in coordination with the District of Columbia's
Financial Control Board, I served as Chief Financial Officer of the
4,500+ FTE District of Columbia's Metropolitan Police Department during
a period of crisis, launching initiatives to cut overtime, tie
technology improvements to operational improvement priorities and sound
capital programming principals developed during my service with the
Federal Government, privatize the fleet, tighten internal controls,
realigning procurement and performance evaluation staff, strengthen
recruiting for the Department's budget and financial management
leadership functions, and produce a budget of about $240 million, tied
to the Department's mission and performance objectives, deemed by the
District Government's Budget Director to be a model for other agencies
to follow.
For nearly 10 years, 7 as a partner, at Public Financial
Management, I led in the development of the Strategic Advisory practice
from a team of 3 to 25 operating in 14 states, integrating this
practice with over 50 partners in 26 offices in undertaking the Firm's
recruiting, training, retention, performance evaluation, technology
development, strategic and annual business planning, and
competitiveness functions.
As a Managing Director and Co-Head of the Infrastructure Advisory
Group at JPMorgan Securities, Inc. I served on the Tax-Exempt Capital
Markets Operating Committee, led in development of knowledge management
tools to strengthen global infrastructure advisory and finance
operations.
At the World Bank, my first work out of graduate school, my role as
Country Officer of the Dominican Republic included coordination with
sector and Division managers and specialists on the formulation of the
Country Assistance strategy, monitoring program implementation, and co-
managing formulation of nation-wide education reform initiative, the
Second Basic Education Project, working with the Country's Central Bank
and Secretary of Education.
In each of these organizations, my management approach has been
rooted in combing individual initiative, commitment to implementing
best practices, open communication with leadership, colleagues, and
staff, skill at building consensus and reaching within organizations
and to outside partners to achieve results, and insistence at
performance--beginning with my own. I intend to continue this approach
at the Department of Commerce.
Should I be confirmed, to serve in this position would be, for me,
an honor of a lifetime--an opportunity to serve my country at a time of
need, to apply all of my energy, my commitment, and my experience at
government financial and management transformation to a Department with
a pivotal mission and many strengths, of which more is, and will
continue to be, asked and expected, whatever the budget climate. My
family and I are thrilled that President Obama, Secretary Locke, and--
if confirmed--the Congress would provide me with this remarkable chance
to serve, to challenge myself, and catalyze others to join in doing the
country's work through the Department of Commerce, with ever-greater
effectiveness and efficiency.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
My responsibilities, if confirmed, are to ensure that the
Department of Commerce has proper management and accounting controls to
achieve these programmatic goals while also serving as advisor and
problem solver for Secretary Locke, Deputy Secretary Hightower, and
program Assistant Secretaries and Administrators--to overcome obstacles
and achieve better programmatic outcomes, while ensuring the prudent
and efficient use of taxpayer resources. Together, we will work to make
the Department of Commerce a model department for effectiveness and
innovation.
Every organization committed to excellence continuously reviews and
seeks to improve how it manages its financial and human resources, the
integrity of its controls, the transparency of its reporting--and the
application of all of these to improve program performance. Should I be
confirmed, I will serve as a catalyst for action in these areas,
mobilizing resources within the Department and with partners across the
Federal Government. I will bring respect for the Department's career
staff, and constructively challenge them to provide their best ideas
and energy for improvement. I will collaborate with colleagues on the
Federal Chief Financial Officer's Council, other inter-departmental
organizations, and work closely with the Office of Management and
Budget, and the information technology procurement, human resource
management, and performance management resources it provides.
If confirmed, I will closely review Auditor management letters and
coordinate their recommended improvements. My experience in the Office
of Federal Financial Management at OMB leads me to see the Office of
the Inspector General and the GAO as sources of expertise to be
consulted up-front, as financial control and administrative efficiency
initiatives are being formulated--even as they maintain their arms-
length objectivity. I will regularly communicate with the Inspector
General and Government Accountability Office for their expertise and
views, as well as Members and staff of this Committee.
As described in greater detail in response to Question A.18 above,
I have served in management roles a several organizations throughout my
career including as a Senior Managing Director at the Public Resources
Advisory Group, Managing Director at JPMorgan Securities, Managing
Director at PMF, Inc, and CFO of the Metropolitan Police Department in
Washington, DC.
20.What do you believe to be the top three challenges facing the
department/agency, and why?
The President's management agenda, as set forth the President's
FY2010 Budget, is consistent with my understanding of the top financial
and operational challenges facing the Department of Commerce. Three
such challenges are:

Integrating strategic planning, budgeting, and accounting to
connect the Department's resources to clear results, and
aligning the Department's resources accordingly--applying
performance metrics, analysis, and program prioritization to
identify which programs can be sustained, which merit increased
investment, and which should be reduced, consolidated,
reinvented, or eliminated.

The objectives of the Department's 14 Agencies are wide-ranging. As
demands grow and the Administration's commitment to moving
toward a balanced budget makes resources increasingly dear, we
can expect redoubled emphasis upon defining what success looks
like, how results can be achieved most efficiently, and which
programs take greatest priority--within the vision of the
President and the Secretary for results to be achieved and
resources to be allocated.

Breaking down programmatic/management silos, such that
Federal programs among various Departments with similar
programmatic goals and intended impacts in the same
geographical area can be efficiently coordinated, in
Washington, among Federal regional offices, and with state and
local government, industry association, and other partners. For
example, the Economic Development Administration of the
Department of Commerce, the Department of Housing and Urban
Development, and the Department of Education may each have
programs intended to promote economic opportunity and well-
being in a certain geographic area--planning, implementation,
monitoring, and accounting of these programs between Federal
Departments and with government, business, and non-profit
partners should take best advantage of the respective strengths
of each organization, not present barriers that absorb scarce
resources, muddy transparency, and diminish impact on the
ground. The inter-departmental CFO's Council will provide an
excellent platform for developing such coordination efforts, as
will close coordination with the Office of Management & Budget,
while constructive interaction with the Inspector General and
others will maintain, and strengthen, financial integrity.

Workforce projections show that over half of the Federal
workforce will be eligible to retire over the next 8 years.
This presents a remarkable management challenge, as well as an
opportunity. The Department will have to reconsider how it
recruits, trains, motivates, and promotes the productivity of
its most important resource--its people. With budgets
constrained and performance expectations high, Human Capital
management will have to reach beyond simply seeking more
efficient ways of doing the same things as before--instead
seeing the challenge as an opportunity for transformation--
tying human resource goals to fundamental improvements in how
it applies information technology, how it procures services and
goods, and how it configures its organization, in light of
program goals.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
The Federal Government's TSP continues to manage my 401K mutual
fund associated with my service from 1995 through 1997, as well as, I
believe, those of my spouse from her Federal service. My 2008
contributions to my 401K account continue to be managed by JPMorgan. In
2008, I transferred 401K mutual fund accounts accumulated from 1997
through 2007 during service with Public Financial Management, Inc. to
management within a consolidated Vanguard tax-deferred account,
allocating among a set of equity and bond mutual funds to meet
diversity objectives.
Vested in my name are JPMorgan shares; I will be eligible to
liquidate up to approximately $[xxx] of these shares on January 25,
2010, and approximately $[xxx] on January 25, 2011. These shares were
determined as part of my Employment Agreement with JPMorgan upon
joining the firm in 2007, and were vested as part of my separation
agreement with the firm in 2008.
My spouse and I jointly own and manage a farm doing business as
Mark's Good Apples. The business is not an independent legal entity and
I do not hold a formal position. In accordance with the terms of the
ethics agreement that I have entered into with the Department of
Commerce's designated agency ethics official, I will continue to have a
financial interest in the business, but, upon appointment, I will not
manage it or provide services to it that are a material factor in the
production of earned income. My spouse will manage the business with
assistance, if necessary, by hiring local farmers, other contractors
and/or employees. I will receive only passive investment income from
the business.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain: No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Commerce's
designated agency ethics official to identify potential conflicts of
interest. Any potential conflicts of interest will be resolved in
accordance with the terms of an ethics agreement that I have entered
into with the Department of Commerce's designated agency ethics
official and that has been provided to this Committee. I am not aware
of any other potential conflicts of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Commerce's
designated agency ethics official to identify potential conflicts of
interest. Any potential conflicts of interest will be resolved in
accordance with the terms of an ethics agreement that I have entered
into with the Department of Commerce's designated agency ethics
official and that has been provided to this Committee. I am not aware
of any other potential conflicts of interest.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy.
I have taken no actions to influence legislation. As described in
response to questions A.8 and A.19 above, I have consulted on behalf of
various state and local government entities on matters related to
financial management.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
Any potential conflicts of interest will be resolved in accordance
with the terms of an ethics agreement that I have entered into with the
Department of Commerce's designated agency ethics official and that has
been provided to this Committee.
c. legal matters
1 . Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain: No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain: No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain.
Yes. On September 8, 2004, I brought a small claims suit in the
Delhi Village Court of Delhi, NY against a contractor to reimburse me
for advance payments I made associated with the contractor's work on my
farmhouse windows, which I considered to be shoddy and incomplete. On
September 21, 2004, the Judge ordered the contractor to repay to me
approximately $1,600, and the matter was closed.
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.
I am aware of no such information.
d. relationship with committee
I. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______

resume of scott quehl
Professional Experience
2009--Public Resources Advisory Group, Philadelphia, PA. Senior
Managing Director. Leading Strategic Advisory Group, with budget,
management, infrastructure, and debt advisory services to governments.

2007-2008--JPMorgan Securities, Inc., New York, NY. Managing
Director, Head of Tax-Exempt Capital Markets Mid-Atlantic Group/Co-Head
Infrastructure Advisory Group. Mobilized JPMorgan business units to
expand government investment banking services in Mid-Atlantic,
including the District of Columbia's 2008 conversion and remarketing of
$185 million Variable Rate Demand Bonds. Co-Head of Infrastructure
Advisory Group, with focus on public-private partnerships and knowledge
management system development. Member of JPMorgan's Tax Exempt Capital
Markets Operating Committee.

1997-2007--Public Financial Management, Inc. (``PFM''),
Philadelphia, PA. Managing Director. Led in emergence of PFM's
Strategic Consulting Group, connecting city and county policy
priorities to financial strategy and improved budgeting, labor
relations/personnel management, privatization, procurement, technology,
revenue enhancement, cost containment, organizational restructuring,
service delivery, performance metrics, credit ratings, and/or debt
management in 14 states. Advisor to the District of Columbia; Metro
Louisville, KY; Minneapolis, MN; Fulton County, GA; Austin, TX; Oakland
and Long Beach, CA; Memphis and Shelby County, TN; Providence, RI;
Jackson, MS; Nassau County, NY; New Orleans, LA; Newark, East Orange,
and Camden, NJ; and New Haven, CT.

1997-1998--Metropolitan Police Department, Washington, DC. Chief
Financial Officer. Took a half-year leave of absence from PFM to serve
as acting, then full-time, Chief Financial Officer of the District of
Columbia's Metropolitan Police Department during a period of crisis,
launching initiatives to cut overtime, improve technology, privatize
the fleet, tighten internal controls, realign staff, and produce a $250
million operating and capital budget deemed to be a model for other
agencies to follow.

1995-1997--Executive Office of the President of the United States,
Office of Management and Budget, Washington, D.C. Special Assistant to
Controller, Office of Federal Financial Management. Co-authored OMB
Circular A-11, Part 3: Capital Programming Guide, establishing
parameters for Federal capital project planning and budgeting. Focused
on the District of Columbia's financial recovery, including the
Federal/District agreement to realign financial and service
responsibilities and the District's access to capital markets. Also
supported: integrated Federal financial information systems and uniform
accounting standards, collaborating with department chief financial
officers, per the Federal Financial Management Improvement Act, the
CFO's Act, and Joint Financial Management Improvement Program; the
integration of performance metrics and strategic planning with
budgeting and accounting per the Government Performance and Results
Act; and development of consolidated Federal financial statements under
the Government Management Reform Act.

1993-1995--The World Bank, Washington, D.C. Country Officer,
Dominican Republic and Consultant. Executed Country Assistance
Strategy; advisor to Colombia and Bolivia on government financial
management.

1989-1991--Peace Corps, Sabanagrande, Honduras. Volunteer. Led
health initiatives. Developed a library.
Education and Licenses
1993--University of Pennsylvania, Philadelphia, PA. Master of
Government Administration.

1988--Lawrence University, Appleton, WI. Bachelor of Arts in
Political Science and History.

2008--FINRA NASD Series 24, 63, 7.
References
Dan Tangherlini, Assistant Secretary for Management, Chief
Financial Officer and Chief Performance Officer, U.S. Department of the
Treasury, Obama Administration, Former Chief Administrative Officer of
the District of Columbia.

G. Edward DeSeve, Senior Advisor to the President for Recovery and
Reinvestment, Obama Administration, Former Controller and Acting Deputy
Director for Management, Office of Management and Budget.

Michael Fitzpatrick, Associate Administrator, Office of Information
and Regulatory Police, Office of Management and Budget, Executive
Office of the President, Obama Administration.

John A. Koskinen, Chairman of the Board/Director, Freddie Mac,
Former Deputy Director for Management, Office of Management & Budget,
Executive Office of the President.

Jane Garvey, Former Administrator, Federal Aviation Administration
and Deputy Administrator, Federal Highway Administration, U.S.
Department of Transportation, Executive Director, JPMorgan Securities,
Inc.

Anthony Williams, Former Mayor and Chief Financial Officer of the
District of Columbia, Former Chief Financial Officer, U.S. Department
of Agriculture.

Jerry Abramson, Mayor, Metropolitan Government of Louisville-
Jefferson County, Kentucky.

John DeStefano, Mayor, City of New Haven, Connecticut.

David Cicilini, Mayor, City of Providence, Rhode Island.

Dr. Camille Cates-Barnett, Managing Director of the City of
Philadelphia, Pennsylvania, Former City Manager of Austin, Texas and
Chief Financial Officer of Houston, Texas.

Dr. Carol O'Cleireacain, Former Finance Director and Budget
Commissioner, City of New York, Deputy Treasurer of New Jersey under
Governor Jon Corzine, Visiting Senior Fellow, Brookings Institution.

Maria Cino, President and CEO, Republican National Convention,
2008.

Gene Saffold, Chief Financial Officer, City of Chicago, Illinois,
Former Managing Director and Head of Public Finance Investment Banking,
JPMorgan Securities, Inc.

Larry Hayes, Secretary of the Cabinet, Office of the Governor of
Kentucky, Former Managing Director/Chief Financial Officer,
Metropolitan Louisville-Jefferson County, Kentucky.

Ned Regan, Former Comptroller, State of New York.

Jim Huntzicker, Chief Administrative Officer and Chief Financial
Officer, Shelby County, Tennessee.

Charles Ramsey, Police Commissioner, City of Philadelphia, Former
Chief of Police, District of Columbia.

Robert O'Neill, Executive Director, International City/County
Management Association, Washington, D.C.

Laura Doud, City Auditor, City of Long Beach, California.

Rudy Garza, Assistant Director of Finance, City of Austin, Texas.

Art Gianelli, Chief Financial Officer, Nassau County Healthcare
Corporation, Former Deputy County Executive and Director of Finance for
County Executive Thomas Suozzi, Nassau County, New York.

Michelle O'Brien, Senior Director, Fitch Ratings, Chicago,
Illinois.

Eric Rockhold, Managing Director, JPMorgan Securities, Inc.,
Chicago, Illinois.

Janice Mazyck, Managing Director, The PFM Group, Los Angeles,
California.

The Chairman. Thank you, Mr. Quehl.
Actually, my mind wandered just for a moment as you were
giving your opening statement because I was thinking what Mark
would have done to you had you not introduced him. I mean, you
would have been in quarters on the Senate Commerce Committee
floor.
Mr. Quehl. Senator, for the rest of my life, I will remain
grateful.
[Laughter.]
The Chairman. All right. And whole.
Mr. Kumar, we welcome your statement, sir.

STATEMENT OF SURESH KUMAR, ASSISTANT SECRETARY-
DESIGNATE FOR TRADE PROMOTION AND DIRECTOR
GENERAL, U.S. AND FOREIGN COMMERCIAL SERVICE, U.S. DEPARTMENT
OF COMMERCE

Mr. Kumar. Thank you, Chairman.
Thank you, Chairman Rockefeller, Ranking Member Hutchison,
and distinguished members of the Committee.
I am honored and humbled to come before you today as
President Obama's nominee to be the Assistant Secretary of
Commerce for Trade Promotion and Director General of the United
States Foreign Commercial Service. I want to thank President
Obama for the enormous trust he has placed in me with this
nomination and Secretary Locke for his support.
Last week, I had the pleasure of meeting members of this
committee and your staff. Thank you for your hospitality. If I
am confirmed by this Committee and your colleagues in the
Senate, I look forward to continuing this dialogue and working
closely with you. I am also grateful to Senator Lautenberg from
my home State of New Jersey for his gracious introduction.
Let me take this opportunity to introduce to you members of
my family who have joined me today--my wife, Sheila; my
daughter, Pooja; and my son, Aditya.
Sheila, my college sweetheart, has provided me her
unshrinking support through a global journey that has spanned
three decades and five countries. She is amazing. Not only is
she a distinguished business executive in her own right, but
she also managed the time to raise our two wonderful children.
Our daughter, Pooja, is a physician who is pursuing her
passion for public health. She has served the underprivileged
in the remote corners of the world, from working with displaced
people from Azerbaijan to East Timor and vulnerable children
from the streets of Calcutta to the Congo.
Our son, Aditya, has been a management consultant who has
also worked with the homeless in America, as well as victims of
child labor in Asia. He now has the distinct privilege of
serving in the White House.
I would also be remiss if I did not mention my parents,
Colonel Sundaram and Vasantha, who instilled in our family the
importance of public service. Although they cannot be present
here today, they are watching these proceedings from their home
in Delhi.
As I prepared these remarks, I could not help but reflect
on the incredible journey from Mumbai, India, that brought me
to the U.S. 16 years ago. I appear before you as a first-
generation immigrant and a testimony to our great country. If
confirmed, you will have given me the opportunity to pay back a
small measure of the debt to a country that has already given
me and my family so much.
In my 30 years in the international business community, I
have seen firsthand the immense possibilities, potential, and
prosperity that follow global trade. In the last several years,
as an international development consultant, I have worked with
civil society and nonprofit organizations to improve lives and
livelihoods and support small and medium enterprises in
establishing sustainable and scalable businesses.
I have worked for multinationals and local companies across
six countries, culminating in my position as the head of
Worldwide Consumer Pharmaceuticals for Johnson and Johnson.
Through my work, I have seen the tremendous opportunities for
U.S. businesses to more fully engage in Asia, Africa, and Latin
America.
The value and values of free and fair trade are embedded in
my DNA. I pledge to help the American enterprises enhance their
competitiveness and grow their global footprint, to increase
U.S. exports and help create jobs, and to protect our
interests, patents, and intellectual property that are so
critical to encourage innovation and support technological
advancement, specifically in emerging technologies like the
environment, energy, and healthcare sectors. These are the
priorities that have been articulated by Secretary Locke for
the Department of Commerce, and I am humbled by the opportunity
to work daily to advance them.
International trade has always been a proven path to global
prosperity. The current economic climate makes it even more
compelling to prioritize and pursue this course. With 95
percent of the world's consumers living beyond our borders, we
must encourage, nurture, and support U.S. companies, especially
small and medium businesses, to export goods and services into
foreign markets to supplement the decline in domestic
consumption.
These are challenges, but they also present tremendous
opportunities. That is why I am so excited by the prospect of
leading the U.S. Commercial Service at this pivotal point in
time.
If confirmed, I will work closely with this Committee and
your colleagues in Congress to expand U.S. exports and advance
commercial interests abroad, to forge new economic ties for
America overseas, and to ensure that America maintains its
leadership in the global economy while advancing U.S. national
security interests through a renewed focus on commercial
diplomacy.
Mr. Chairman, I thank you for your consideration of my
nomination and for the opportunity to address any questions
that you and your colleagues may have.
Thank you.
[The prepared statement and biographical information of Mr.
Kumar follows:]

Prepared Statement of Suresh Kumar, Assistant Secretary-Designate for
Trade Promotion and Director General, U.S. and Foreign Commercial
Service, U.S. Department of Commerce
Chairman Rockefeller, Ranking Member Hutchison, and distinguished
members of the Committee, I am honored and humbled to come before you
today as President Obama's nominee to be Assistant Secretary of
Commerce for Trade Promotion and Director General of the U.S. and
Foreign Commercial Service. I want to thank President Obama for the
enormous trust he has placed in me with this nomination and Secretary
Locke for his support.
Over the last week, I had the pleasure of meeting members of this
committee and your staff. Thank you for your hospitality and generosity
in taking the time to share your insights and perspectives on the
economic landscapes of your home states. If I am confirmed by this
committee and your colleagues in the Senate, I look forward to
continuing this dialogue and working closely with you and your staffs.
I am particularly grateful to Senator Lautenberg from my home state
of New Jersey for his gracious introduction here today.
Let me also take this opportunity to introduce you to the members
of my family that have joined me here today--my wife Sheila, my
daughter Pooja, and my son Aditya.
Sheila, my college sweetheart, has provided me her unshrinking
support through a global journey that has spanned three decades and
five countries. Sheila is amazing--not only is she a distinguished
business executive in her own right, but she also managed to raise our
two wonderful children.
Our daughter, Pooja, is a physician who is pursuing her passion for
public health. She has served the underprivileged in the remote corners
of the world--from working with displaced people from Azerbaijan to
East Timor, and vulnerable children from the streets of Kolkata to the
Congo.
Our son, Aditya, has been a management consultant who has also
worked with the homeless in America, as well as victims of child labor
in Asia. He now has the distinct privilege of serving in the White
House.
I would also be remiss if I did not mention my parents--Colonel
Sundaram and Vasantha--who instilled in our entire family the
importance of public service. Although they cannot be present here
today, thanks to technological advancement that makes the world a
global village, broadband and bandwidth permitting, they are watching
these proceedings via webcast from their home in Delhi.
As I prepared these remarks, I could not help but reflect on the
incredible journey from Mumbai India, via Indonesia, Singapore and
Canada that brought me to the USA 16 years ago. I appear before you as
a first generation immigrant and a testimony to our great country. It
has provided me and my family the opportunities most could have only
dreamed about. If I am confirmed for this position, you will have given
me the opportunity to repay a small measure of the debt to a country
that has already given me and my family so much.
In the thirty years that I have been actively engaged in the
international business community, I have seen firsthand the immense
possibilities, potential, and prosperity that follow global trade. I
know that ``borders frequented by free and fair trade seldom need
soldiers.'' In the last several years as an international development
consultant, I have worked with civil society and nonprofit
organizations to improve lives and livelihoods and support small and
medium enterprises in establishing sustainable and scalable businesses.
I have worked for multinational and local companies across six
countries, culminating in my position as the head of Worldwide Consumer
Pharmaceuticals for Johnson and Johnson. Through my work in emerging
economies, both as a businessman and as a development consultant, I
have seen the tremendous opportunities for U.S. businesses to more
fully engage in Asia, Africa, and Latin America.
The value and values of free and fair trade are embedded in my DNA.
I have a deep appreciation for the unique challenges that face U.S.
businesses seeking to expand overseas. If I am confirmed, I pledge to
help American enterprise enhance its competitiveness and grow its
global footprint; to increase U.S. exports and help create jobs; and to
protect our interests, patents and intellectual property that are so
critical to encourage innovation and support technological advancements
particularly in emerging technologies in the environment, energy and
healthcare sectors. These are the priorities that have been articulated
by Secretary Locke for the Department of Commerce, and I am humbled by
the opportunity to work daily to advance them.
I will leverage my experience and passion in international business
to maximize the efforts of the U.S. Commercial Service in increasing
the global competitiveness of the American business community, with a
particular focus on small and medium enterprises. I will work
tirelessly with the wonderful trade professionals throughout the
extensive global network of U.S. Export Assistance Centers in over 100
U.S. cities and in U.S. embassies and consulates across 77 countries to
increase U.S. exports, and by doing so, to create good American jobs.
International trade has always been a proven path to global
prosperity. The current economic climate makes it even more compelling
to prioritize and pursue this course. With 95 percent of the world's
consumers living beyond our borders, we must encourage, nurture and
support U.S. companies, particularly small and medium businesses, to
export goods and services into foreign markets to supplement the
decline in domestic consumption. We must grow our exports to stimulate
the economy, create and maintain American jobs and to help reduce our
trade deficit. These are challenges, but they also present tremendous
opportunities--that is why I am so excited by the prospect of leading
the U.S. Commercial Service at this pivotal moment in time.
If I am confirmed, I will work closely with this Committee and your
colleagues in Congress to expand U.S. exports and advance U.S.
commercial interests abroad, to forge new economic ties for America
overseas, and to ensure that America maintains its leadership in the
global economy while advancing U.S. national security interests through
a renewed focus on commercial diplomacy.
Mr. Chairman, I thank you for your consideration of my nomination
and for the opportunity to address any questions that you and your
colleagues might have.
______

a. biographical information
1. Name (Include any former names or nicknames used): Suresh Kumar.
2. Position to which nominated: Assistant Secretary for Trade
Promotion and Director General of the U.S. and Foreign Commercial
Service.
3. Date of Nomination: October 29, 2009.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
5. Date and Place of Birth: February 18, 1955; Secunderabad, India.
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).

Sheila Kumar (spouse), Vice President--Market Research, Johnson
& Johnson; children: Pooja Kumar, daughter, 29 years; Aditya
Kumar, son, 27 years.
7. List all college and graduate degrees. Provide year and school
attended.
------------------------------------------------------------------------
Degree Date of
Institution Dates Attended Received Degree
------------------------------------------------------------------------
University of 8/1974-5/1976 Master of 3/1976
Bombay, JB IMS Management
Studies
(MBA)
University of Delhi 8/1971-3/1974 B.A. (Honors) 3/1975
Economics
St. Columba's High 1/1960-12/1970 Indian School 4/1971
School, New Delhi Certificate
(ISC)
------------------------------------------------------------------------

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.
------------------------------------------------------------------------
Location of Dates of
Title Employer Work Employment
------------------------------------------------------------------------
President and CEO KaiZen Innovation 250 Bouvant Oct 2007-
LLC Drive Present
250 Bouvant Drive Princeton, NJ Jan 2005-Feb
Princeton, NJ 08540 2006
08540 Nov 2003-Sep
2004Special Advisor Clinton 250 Bouvant Mar 2006-Sep
Foundation Drive 2007
55 West 125th Princeton, NJ
Street 08540
New York, NY
10027Distinguished Thunderbird 15249 North Oct 2004-Dec
Executive in School of Global 59th Avenue 2004
Residence Management Glendale, AZ
15249 North 59th 85306-6000
Avenue
Glendale, AZ
85306-6000International Vice Johnson & Johnson 7050 Camp Hill Mar 1999-July
President Ltd. Rd. 2003
One J&J Plaza Fort
New Brunswick, NJ Washington, PA
08933 19034Vice President Warner Lambert 201 Tabor Rd Aug 1993-Mar
201 Tabor Rd Morris Plains, 1999
Morris Plains, NJ NJ 07950 Sep 1989-July
07950 Scarborough, 1993
ONT M1L
2N3, CanadaMarketing Director Bata Shoes Jakarta, Feb 1987-Aug
Indonesia 1989Divisional Manager Levis Strauss Jakarta, Sept 1985-Dec
International Indonesia 1986Sales and Marketing Unilever/Lipton Calcutta and June 1984-Sept
Manager Madras, India 1985General Sales Balsara Hygiene Bombay, India Apr 1982-Feb
Manager Products 1984Senior Product Johnson & Bombay, India Apr 1978-Apr
Manager Johnson, India 1982Product Executive Colgate Bombay, India Mar 1977-Mar
Palmolive, India 1978
------------------------------------------------------------------------

9. Attach a copy of your resume. A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last 5 years: None; N/A.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last 5 years.
------------------------------------------------------------------------
Organization Office Held Dates
------------------------------------------------------------------------
Thunderbird, School of Member of the Global Nov 2001-Present
Global Management Council
Dalberg Global Development Member Expert Advisory Jan 2009-Present
Advisors Council
American Management Member of the Global April 1999-July
Association Council 2003
Consumer Health Products Member April 1999-July
Association 2003
Association of National Member of the Global April 2000-July
Advertisers Council 2003
World Self Medication Member of the Board Jan 2000-July 2003
Industry
African Development Bank Consultant Jul 2008-Mar 2009
Alliance for a Green Consultant Jul 2008-Oct 2008
Revolution in Africa
(AGRA)
Bill and Melinda Gates Consultant Feb 2008-Jun 2008
Foundation
Aerogrow International Director Jul 2008-July2009
Biosign Technologies Director July 2006-May 2007
Sirit Technologies Director Apr 2005-Apr 2007
------------------------------------------------------------------------

12. Please list each membership you have had during the past 10
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
------------------------------------------------------------------------
Organization Office Held Dates
------------------------------------------------------------------------
Thunderbird, School of Member of the Global Nov 2001-Present
Global Management Council
Bombay Gymkhana Club Absentee Member 1978-Present
------------------------------------------------------------------------

Neither organization restricts membership on any of the above
basis.
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; N/A.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period: None.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.

Named Distinguished Executive in Residence by Thunderbird
School of Global Management, 2004.

Recipient of Rotary International Educational Award for
International Understanding, 1982-83.

``Right Pricing'' for Growth: How to leverage consumer insights
to make the economy work for you (Kaizen Innovation website,
May 2009).

New Development Approaches from International Foundations
(Presentations at Africa Green Revolution Summit in Oslo,
September 2006 and Donor Platform Meeting in Washington D.C.,
December 2006).

Wellness in the OTC World: Where are the Googles and Yahoos
Lurking? (OTC Insights, February 2006).

Rx for Changing Healthcare (OTC Insights, July 2005).

Foreword: Strategic Roadmap for the Emerging Markets (Nicholas
Hall Publication, December 2003).

The Intrigues and Challenges of Global Advertising (The
Advertiser, June 2003).

1. Institute an inclusive process that is efficient and
effective and leads to achievement of goals that are
quantifiable, measurable and achievable. This will require
instituting regular metric based reporting of progress.

2. Train people in the organization to equip them with
requisite skills and understanding.

3. Empower, motivate and hold the team responsible for results.

I have managed large global organizations for some of the largest
U.S. corporations. I have provided leadership, articulated inspiring
vision and strategy, motivated a large and dispersed group of
employees, established process and controls and instituted ongoing
metric-based reporting to track performance and trends. I have also
managed multi-functional organizations which included financial staff
reporting to me.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
I believe the top three challenges are:

1. Opening up more markets for American exports and creating
employment opportunities.

2. Influencing inter agency collaboration to shape trade
policy.

3. Deliver consistent, high-quality support and customer-driven
service to American businesses.

These are important challenges to address in normal times. They are
critical in the current economic climate. I believe we need to do
everything to support American companies to access more markets, create
employment and improve our global competitiveness.
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 arrangement or continued dealings with business
associates, clients and customers. I have the following retirement
accounts:

401(k) at Johnson & Johnson.

Pension/ retirement plans at Johnson & Johnson and Warner
Lambert Company which has since been acquired by Pfizer Inc.

Retirement Savings Plan in Canada which were opened when I
was employed at Warner Lambert Canada.

2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain.
I am the President and CEO of KaiZen Innovation LLC. In accordance
with the ethics agreement I entered with the Department of Commerce's
designated ethics official, if confirmed, I will resign from my
position and I will become a nonmanaging member. During my appointment,
I will not manage this entity or provide any other services to it, and
I receive only passive income from KaiZen.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Commerce's
designated agency ethics official to identify potential conflicts of
interest. Any potential conflicts of interest will be resolved in
accordance with the terms of an ethics agreement that I have entered
into with the Department's designated agency ethics official and that
has been provided to this Committee. I am not aware of any other
potential conflicts of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Commerce's
designated agency ethics official to identify potential conflicts of
interest. Any potential conflicts of interest will be resolved in
accordance with the terms of an ethics agreement that I have entered
into with the Department's designated agency ethics official and that
has been provided to this Committee. I am not aware of any other
potential conflicts of interest.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy: None.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Commerce's
designated agency ethics official to identify potential conflicts of
interest. Any potential conflicts of interest will be resolved in
accordance with the terms of an ethics agreement that I have entered
into with the Department's designated agency ethics official and that
has been provided to this Committee. I am not aware of any other
potential conflicts of interest.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain: No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain: No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain.
Yes--Johnson and Johnson and Warner-Lambert were parties to
litigation while I was an officer in those organizations. However, I
was not a party to any litigation and none of them involved any
allegations of wrongdoing on my part.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain: No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______

resume of suresh kumar
Proven leader with expertise in developing new business models,
establishing collaborations, extending business footprint and leading
turnarounds to develop robust, profitable businesses. Delivered
superior results to build brands, multi location businesses and
organizations by inspiring teamwork and deploying insights gained
through consumer engagement. Hands-on change agent, tailored regional
solutions, global products and programs to increase consumer access.
Successfully conveyed global business practices to create sustainable
social development platforms and programs. Achievements include:

Developing team and talent to take on leadership roles--
entrepreneurs, general managers, and VPs of Marketing and
Sales.

Turning around emerging markets into a rapidly growing,
profitable business at J&J.

Building and commercializing pipeline to deliver global
market leadership for Warner Lambert's Oral Health business.

Creating award winning global marketing and customer centric
programs, and leveraging knowledge sharing practices.

Establishing unique public-private partnerships, supply
chains and private enterprise to deliver affordable
fertilizers, reduce food insecurity and improve lives and
livelihoods in Africa.
Experience and Accomplishments
KaiZen Innovation LLC, Jan 2004 onwards--President and Managing
Partner--Global management consulting

Select Consulting Assignments, 2008; 2004-2005

Advised The Bill and Melinda Gates Foundation, the Alliance for
a Green Revolution in Africa (AGRA) and the African Development
Bank in developing multi country collaborations, public private
partnerships and new business models to make affordable
fertilizers available and accessible to small holder farmers in
Africa.

As Distinguished Executive in Residence at Thunderbird, School
of Global Management, surfaced best practices, influenced
creating Center of Excellence and developing new programs to
drive Global Thought Leadership.

Helped European consumer healthcare client enhance business
valuation to ten times EBITDA. Influenced product and program
development, built team to launch new products and extend
leadership positions in competitive categories.

Assisted Discovery Communication to develop service offering
and business model for Discovery Health.

Special Advisor Clinton Foundation, 2006 and 2007.

Spearhead initiatives to promote economic development and improve
lives and livelihoods. Embedded commercial orientation to and best
practices into economic and social development initiatives. Developed
comprehensive programs to secure commercial and development financing,
procure affordable inputs and establish market linkages. Inspired
collaboration and execution: led McKinsey, Bain, governments and
private sector teams to develop business models, strategy and programs
that resulted in:

Improved food security: over 90 percent of population consumed
more than the threshold 2300 calories per day.

First large scale use of fertilizer in Rwanda: stewarded
procurement program to secure fertilizer 28 percent below
prevailing market price in 2006 and 30 percent below in 2007
resulting in 390 percent small holder farmer return on input
investment. Maize output increased 61 percent by intensifying
production on 5 percent of cultivated area; cash crop-tea and
coffee-outputs increased more. National agriculture output
increased 19 percent in 2008.

Repayment of soft loan before term, embedding funding program
in Rwanda's agriculture strategy and initiating targeted coupon
based smart subsidy with sunset plan. Transitioned distribution
from government to private sector.

Established sustainable practices: developed people, protocols,
partnerships and infrastructure to lower inputs costs,
influenced bridge financing mechanism to create a
sustainable revolving fund, secured co-operation between
Rwanda and Tanzanian governments, and local governments and
private enterprises.

Results of Rwanda interventions led to invitation from Kenya
and Tanzania governments to establish procurement approaches
and collaborations to improve farmer well being through viable
commercial practices.

Johnson & Johnson Ltd, 1999 to 2003--Head of Worldwide Consumer
Pharmaceuticals, International Vice President.

Served on the Group Operating Committee with responsibility for
$580 million consumer medicines business P&L in Asia, Latin America and
Europe, and the Global Franchise Organization; additionally influenced
$500MM global business. Main brands included Tylenol, Motrin, and
Imodium. Reported to the Worldwide Chairman; affiliate Presidents and
Global Marketing Leaders reported to me. Led multi-functional
organization of 1100 employees. Created worldwide presence and turned
around business experiencing declining sales and profit.

Financial Results: Delivered double digit revenue growth and
$70MM profit; turned around loss making businesses in Japan and
China, crafted business model in Central and Eastern Europe to
deliver seven fold growth and robust profit.

Operating Efficiency: Improved ROAM and margin by 7 percent
through sourcing and contract manufacturing initiatives.

Developed sustainable sourcing strategy, reduced currency risk
and improved profits in Latin America.

Secured business license for expanded portfolio and inspired
cross business regional collaboration.

Restructure and Process Redesign: Restructured JV arrangements,
redesigned and developed e-enabled global franchise processes
to deliver superior market support, reduce SG&A by 35 percent,
and HQ headcount by 65 percent.

Voice of Customer: Built trust and affinity among consumers,
customers, and healthcare professionals that resulted in

Customers rating Tylenol best launch in Japan; Consumers rated
brand best in class on trust and safety.

Emerging Markets Dominance: 83 percent share in Brazil; #1 in
pediatric and ``doctor recommended'' in China.

Product Innovation: Developed and executed innovation pipeline.
Established pediatric business with full range of products,
launched the first non-acetaminophen Tylenol product, and
extended franchise into Cough drops. Actions led to balanced
portfolio, reduced seasonal vulnerability, and enhanced
manufacturing efficiencies.

Pipeline Development: Set up partnership with Hong Kong
University to develop clinical protocol for Traditional Chinese
Medicine (TCM) projected to yield 25 percent of future revenue
stream in China.

Globalization: Rolled out ``ready to treat'' Imodium program
resulting in 20 percent revenue growth.

People and Talent: Pioneered annual ``OTC University'' and web
based training to develop and deploy efficient and energized
global organization. Realized measurable improvement in skill
level and talent development, high potential employee
retention, internal staffing of critical positions, and reduced
``regrettable losses'' in high attrition markets.

External Collaborations: Successfully established and leveraged
win-win government collaborations.

China: trained healthcare professionals- doctors, hospital and
purchase managers to build category protocols and affinity
for the company's products and programs. Result 20 percent+
annual revenue growth.

Brazil and Venezuela: partnered with governments to combat dengue
epidemic. Changed prescribing protocol from dipyrone
(competition) to acetaminophen and ibuprofen. Result:
double digit profit growth.

Japan: Secured Ministry of Health approval for the first
differentiated OTC label claim in Japan.

Warner Lambert Company, 1989 to 1999--Vice President, Consumer
Products, Latin America/Asia: June 1995-March 1999.

Led $800 million Adams Confectionery, Schick Grooming and Consumer
Healthcare businesses across Latin America and Asia. Brands included
Halls, Chiclets, Trident, Schick, Listerine, Lubriderm and Benadryl.
The business had 7 manufacturing plants, and multiple distribution
centers. Coalesced a multi country business to a regional one,
rationalized brands and facilities, and installed a shared service
organization to free resources that were invested into building the
business.
Business Results

Confectionery Business: Grew sales 70 percent to $440MM; 75
percent+ market share in Latin America, 20 percent+ in Asia.

Healthcare Business: Increased revenues 54 percent to $215MM:
achieved 85 percent markets share for core oral care category.

Shaving and Grooming Business: Improved sales 32 percent to
$145MM; enhanced presence in core markets.

Initiatives

Established confectionery business in China and India;
commenced local manufacturing.

Initiated regional advertising to strengthen brand equities and
orchestrate multi country product launches.

Deployed regional manufacturing and pricing strategies to
eliminate arbitrage loss, allowing capital investment.

Established knowledge transfer protocols to free up funds for
investment and spur rapid commercialization.

Forged alliances with Colgate Palmolive and Eveready resulting
in major distribution gains across Latin America:

80 percent ACV distribution for confectionery, 93 percent for
OTC, and 65 percent for shaving products.

Created shared service regional organization to reduce SG&A
from 24 percent to 18 percent.

Reduced SKUs by a third to improve confectionery margins from
46 percent to 51 percent, divested non-strategic assets to
drive healthcare margin from 68 percent to 71 percent, and
revamped shaving portfolio to improve margin to 65 percent.

Marketing Director, Consumer Healthcare, North America/Europe/
Japan/Australia: Sept 1993-June 1995.

Led strategic market development for $1.8 Billion consumer
healthcare business. Leveraged line management credibility to influence
global collaboration, lead regional business teams, and accelerate
geographic expansion. Supported operating companies, established best
practice, developed category strategies, cluster market plans, and core
brand programs.

Championed launch of Listerine in Germany and France, switched
Oraldene in Spain, introduced alcohol free Listermint in North
America, and globally rolled out flavor line to deliver 60
percent+ global share and 35 percent revenue growth.

Initiated technology licensing and preliminary marketing work
on Listerine Pocket Packs-voted most innovative product of the
year, with launch year sales of $200MM+.

Assisted rapid integration and rollout of Glaxo and Burroughs
Wellcome alliances. Revamped respiratory portfolio (Benadryl,
Sudafed, Actifed), and launched OTC Beconase in UK. Realized
global category leadership.

Category Manager, Oral Care Products, Warner Lambert Canada:
October 1989-August 1993.

Achieved record sales, share and profit results while being
responsible for the Oral Care business unit P&L.

Inherited business 6 percent share behind Procter & Gamble and
left it 4 share points ahead; increased gross margin by 9
percent.

Reinvigorated Oral Care: Launched Listerine Cool Mint,
introduced ``consumer winning'' packaging, Effie award winning
campaign. Unique Quebec thrust increased market share from 6
percent to 15 percent within 18 months. Secured Canadian Dental
Association (CDA) approval for brand.

Launched Alcohol Free Listermint: Idea to shelf in 9 months;
Neutralized store brands and regulatory challenges.

Co-branded Efferdent with Arm & Hammer; differentiated brand
through proprietary Listerine ingredient extensions.
Bata Shoes, Indonesia/Singapore, 1987-September 1989: Marketing
Director.

Responsible for marketing, merchandising, dealer and retail
operations P&L. Expanded retail presence to 1,600 stores.

Levi-Strauss International, Indonesia, 1985-1986: Divisional
Manager (Country Manager).

Managed $15 million business. Established contract
manufacturing operation.

Unilever, India: 1984-1985, Sales and Marketing Manager, Lipton.

Led $90million, 575 employees South India operations and bulk
teas profit center. Differentiated Lipton in a commodity
market.

Balsara Hygiene Products, India, 1982-1984: General Sales Manager.

Head of Sales and Marketing. Contributed to successful launch
of Promise, the second ranked toothpaste brand.

Johnson & Johnson, India, 1978-1982: Senior Product Manager.

Led the baby business. Enhanced market footprint and launched
No More Tears Baby Shampoo and Johnson's Swabs.

Colgate Palmolive, India, 1977-1978: Product Executive.

Launched Colgate Trigard Toothbrush, and School Dental Health
and ``Young India'' programs.
Professional Development
Education

Master of Management Studies (MMS): 1976, Bombay University,
India. This is the University's MBA program.

BA (Honors) Economics: 1974, Delhi University, India.
Professional Programs and Skills

Global Management Program, Thunderbird, Graduate School of
Global Management, Phoenix: 1995.

Leadership and Influence, Babson School of Executive Education,
Boston: 1994.

Examiner for J&J's Process Excellence initiative; speaker at
Leadership Development Programs.
Scholarship

Rotary Foundation Fellow: Received educational award for
promoting international understanding, 1982.
Teaching Appointments

Distinguished Executive-In-Residence, Thunderbird School of
Global Management, 2004.

Adjunct Faculty, MBA Programs: Schulich School of Business,
York University, Toronto, Canada (1991 to 1993); Bombay
University, India (1976 to 1984).
Select Publication and Presentation

New Development Approaches from International Foundations--
Africa Green Revolution Summit, Oslo-September 2006 and Donor
Platform Meeting, Washington, D.C.--Dec 2006.

Wellness in the OTC World: Where are the Googles and Yahoos
Lurking?--OTC Insights, February 2006.

Rx for Changing Healthcare--OTC Insights, July 2005.

2Foreword: Strategic Roadmap for the Emerging Markets- Nicholas
Hall Publication, December 2003.

The Intrigues and Challenges of Global Advertising-The
Advertiser June 2003.
Broadcasting

News and Sports anchor on national television and radio
networks in India, 1969-1984.
Languages

Lived in six countries, speak six languages
Board and Council Affiliations
Member of the Global International Councils/ Boards/ Expert
Advisory Panels of:

Thunderbird, School of Global Management since 2001.

American Management Association's (AMA) 1999-2003.

Consumer Health Products Association (CHPA) 1999-2003.

Association of National Advertisers (ANA) since 2000.

Dalberg Global Development Advisors since 2009.

Member of the Board of

AeroGrow International, Inc. an early stage company since 2008.

SIRIT, an RFID company listed on the Toronto Stock Exchange
2005-2007.

World Self-Medication Industry (WSMI) 1999-2003.

The Chairman. Thank you very much, Mr. Kumar.
I have to say that the three of you have a public service
commitment and background which is really quite awesome. I am
not saying it doesn't happen, but it doesn't happen as often as
one would wish. And you three, at least lift my spirits a great
deal.
Mr. Kumar, if I might start with you, sir. The U.S. and
Foreign Commercial Service is something I have dealt with a lot
in my life because I come from a little state called ``West
Virginia,'' which almost nobody has heard of, and yet those of
us who represent it obviously feel very strongly about it.
And one of the problems that--I mean, most states or large
sections of most states are, in fact, rural and do not
automatically think about overseas opportunities. My close
colleague, Senator Hutchison, there are many large cities in
her State of Texas, but there are also large parts of eastern
Texas and other parts which are not at all metropolitan and
which don't necessarily have, like parts of West Virginia, the
instinct to do business overseas.
One of the things I have found, and I am very interested in
overseas business and doing it two ways, and that is one of the
things I tried to do in West Virginia is to get it. I went to
school in Japan. So I spent a lot of time getting Japanese
business here and trying to get our businesses to export
overseas.
It is not--the second is not necessarily as easy as the
first, even in a small state like West Virginia. And it is
because of something called a ``mind set,'' which says that
because we are small, because we are rural, because we are
producing crafts or because we are producing, on the other
hand, aerospace parts, which is true in our state, it is not
likely that we are going to get on a list, that we are going to
make it in some foreign country.
I would like you just for a minute to address the
psychology of how you deal with that in American communities,
how you would deal with it if confirmed?
Mr. Kumar. Thank you, Chairman, for giving me the
opportunity to address a complex issue such as psychology
related to trade.
I would preface by saying my entire experience in the
business world had been dealing with big corporations exporting
to different countries. Over the last 5 years, I have spent my
time and my entire last 5 years of my life in building trade
conduits from rural markets, working in such rural areas as
small towns and small farms in Africa.
I know the immense potential which exists in rural markets
if tapped right, and I also know from personal experience the
tremendous potential which is there can only be trapped by
training, by making people aware of the services such as the
U.S. Commercial Service, which you have referenced. If
confirmed, it will be my duty and my honor to serve the rural
part of not only your state, but other states, too, and
encourage small and medium enterprises, whether they are on the
farm or in industrialized sectors, to actually engage with the
U.S. Commercial Service and find international markets of what
they could do.
There are markets out. We just need to tap into people and
make them aware of the services which is available to them.
The Chairman. But that is my question. How do you--how do
you tap them? How do you give them the confidence to do what
you and I know they could do were they to take the
psychological or whatever you want to call it risk of doing
something which is in their benefit, but they don't know it and
they can't prove it. So they hesitate to do it. How do you
address that?
Mr. Kumar. A couple of thoughts. I am not an expert in the
area as yet, but as a businessman having seen this, if
confirmed, I will reach out to your office, as also offices of
other Congressional members, to learn better how to service and
tap into that, number one. But number two is I believe the U.S.
Commercial Service need not be the best-kept secret in rural
America. They need to become the least-kept secret, and it will
be my goal to do precisely that.
The Chairman. Good.
I have so little time left that I am going to yield it to
my distinguished Ranking Member, Senator Hutchison.
Senator Hutchison. Well, thank you, Mr. Chairman, and thank
all of you for being willing to make the sacrifices to serve.
Let me start with Mr. Coyle. With respect to dual-use
technologies, which is going to be a major part of your
portfolio, that obviously can be used in military as well as
commercial products and for purposes. How can we promote
American innovation without jeopardizing national security,
when we are working with countries where there may be a
security threat in the future?
Mr. Coyle. Senator Hutchison, thank you. It is good to see
you again. We had some interactions when I was on the
President's Base Realignment and Closure Commission, and it is
good to see you again.
Senator Hutchison. Oh, that is right. Thank you.
Mr. Coyle. The question of foreign access to our best
technology, I think none of us want our adversaries to have
access to U.S. technology, especially the most important and
best of U.S. technology that can be used against us. However,
in my experience, American companies need to be able to sell
overseas. When they are able to do that, it brings down the
price for American consumers and for--in the case of the
Defense Department, it brings down the price for them.
And also sometimes, we are not allowing technology to be
sold overseas which is already well known, which companies from
other countries are selling overseas. So why shouldn't U.S.
companies be able to sell that same technology if it is well
known?
Also there are ways to protect the most important ideas.
Sometimes those ideas are embedded in software or in special
sensors where you can sell a good part of the product, but
maybe not those most key items.
So if I were confirmed for this position, one of the things
that I would want to do is to strike a balance here between
making it more possible for American companies to export their
technology, but of course without giving away important
secrets.
Senator Hutchison. Thank you. We will look forward to
hearing more as you are in the job about the measures that you
are taking.
Mr. Quehl, the life-cycle cost of the 2010 decennial census
is expected to be around $15 billion, and a major cost of that
is the nonresponse follow up operation, which is expected to
cost almost $3 billion. This estimate is based on 64 percent of
the American public returning completed forms to the Census
Bureau. The Census has stated that a single percentage point
decrease in response rate will incur an additional $80 million
to $90 million in costs.
So here is my question to you. As you know, before this
Committee, Secretary Locke committed to not having estimates
but having one-on-one counts for our census purposes. What will
you do to assure that efficiencies are in place and to perhaps
get a better than 64 percent public return and try to save
those dollars that can be done while assuring that we have a
census that is an individual count?
Mr. Quehl. Thank you for the question, Ranking Member
Hutchison.
I think you are speaking straight to the heart of the
importance of integrating operational management and financial
management. That in tracking performance on the ground with
respect to these operations, we should have a clear sense of
the impacts on the estimates on the department's budget and in
terms of estimates, in terms of reporting, and doing this all
on a practical enough basis to be able to take corrective
actions to improve that performance.
That is certainly something I would commit to if confirmed,
and I would look forward to working with you and other members
of this Committee in ensuring that that takes place.
Senator Hutchison. Thank you.
Mr. Kumar, the U.S. and Foreign Commercial Service works
closely, of course, with government organizations like the
Eximbank and the Trade Promotion Coordinating Committee to
provide assistance to U.S. businesses exporting overseas.
Interagency cooperation is a key factor here. How would you
approach interagency cooperation to provide the best unified
framework for U.S. businesses to export and also small
businesses, which often don't have the information and
capability to access the help that they might be able to get
from the Federal Government to do more in that area?
Mr. Kumar. Thank you, Senator Hutchison.
Those are incredibly important issues very close to my
heart as a person from the business world. How do you
coordinate the efforts of different agencies serving to
increase exports for the country and do that in a manner which
you have a unified voice which makes a much greater impact?
I understand that the Trade Promotion Coordinating
Committees have been established. If confirmed, I will work
very closely with my colleagues in the Government and other
agencies within the Government within the Department of
Commerce, as also with Members of Congress, to make sure that
all views are put in and we can have a coordinated approach.
The second portion of the question which you raised is how
do we serve the interests of small and medium enterprises,
which is at the heart of what American business is? I see that
as a major effort which the U.S. Commercial Service must put. I
think they have taken several initiatives toward that end, and
if confirmed, it would be my--my goal would be to meet up with
small and medium enterprises to make sure that their voices are
in any policy framework which we initiate.
But what I am thrilled is my job potentially begins on day
one really moving exports and working with these small and
medium enterprises to create jobs here at home. And I go back
to the previous reference which I have made. We must make the
U.S. Commercial Service to the small and medium enterprises the
least-kept secret, and I will hold my feet to the fire to do
precisely that.
Senator Hutchison. Well, that is so important, and I
appreciate what you said because exporting does create jobs in
America, and that is what we all want right now, of course.
Thank you very much.
Mr. Kumar. Thank you.
The Chairman. Thank you, Senator Hutchison.
Senator Lautenberg is not here. Senator LeMieux?

STATEMENT OF HON. GEORGE S. LeMIEUX,
U.S. SENATOR FROM FLORIDA

Senator LeMieux. Thank you, Mr. Chairman.
Thank you all for agreeing to public service. I know that
there are other things that you could be doing and have done
where you could make a lot more money, and I appreciate your
sacrifice, especially Mr. Quehl with a young family. And to
assure you, my first grade son beats up on me, too. So you are
not alone.
[Laughter.]
Senator LeMieux. He is joined by the other two sons, who
also beat up on me.
Let me start with you, Mr. Kumar, if I may? I appreciate
your passion for trade. It is a big deal for my home State of
Florida. We have about $53 billion worth of trade a year, and
we are very interested in Florida in getting these free trade
agreements pursued by this Congress and the Administration,
hopefully, pursuing them.
So I want to speak to you specifically about what role you
will play, and will you be an advocate for the consideration of
the Colombia, the Panama, and the Korea free trade agreements?
It would mean a lot to Florida in our trade and creating jobs
for our state.
Mr. Kumar. Thank you, Senator LeMieux.
For anyone who has been involved in business, open markets
and access to markets is what we dream about and live every
day, and that is precisely why I am so excited with the
possibility, if confirmed by you and the Senate, to take over
the job of DG of U.S. Commercial Services.
Also, as a businessman, I have learned it is very important
not only to support those trade agreements and have open access
to markets, but it is equally important to make sure that
American business interests are protected by way of free and
fair trade, and that is something I will work across different
Government agencies, work with Members of Congress, and work
with my colleagues in Commerce to make sure happens.
Senator LeMieux. Thank you very much. Thanks for your
advocacy on that.
Also just one more comment to you before I move to Mr.
Quehl. Your Commercial Service does a great job, and I have
encountered them overseas in the embassies and how they are
bringing in businesses. But one thing that we have learned, Mr.
Chairman, from previous hearings that we have had, is that not
enough of our small business people know about the good work
that you do in connecting them with foreign businesses.
So anything that you can do to be an educational conduit to
small businesses--we have 1.9 million small businesses in
Florida--we would really appreciate that. They need to get the
good word out that you can hook them up with customers
overseas. So I appreciate your work on that as well.
Mr. Quehl, I liked your comments about the role of a CFO
being beyond the ledger and to make Government better. As you
know, the American Recovery and Reinvestment Act put a lot of
money in your agency, $8 billion, to be spent to stimulate this
economy. But not much of that has been spent--from what I am
told, 5.46 percent, $432,000 at the Department of Commerce.
So could you speak to what role you will play to try to
advance those funds as quickly as possible so that we can help
Americans who are struggling in this difficult recession?
Mr. Quehl. Thank you, Senator.
Having been raised in Wisconsin, a State that relies on its
manufacturing base, and understanding the pain that the
manufacturing sector is taking right now, having friends from
high school who lost jobs, we are concerned about losing jobs.
I fully understand the imperative at a very visceral level of
moving those funds through quickly--quickly and prudently and
transparently.
I am not familiar, having with these specific numbers at
present, but will get on top of that, should I be confirmed,
the first day I take the post. What I would say is there is a
commitment to moving those monies out. There is a commitment to
doing so in the spirit and fact and systems of transparency and
prudence, and it would be my commitment to not only undertake
that and manage that, but to work closely with you and members
of this Committee for a full understanding of how and how well
those ARRA resources are being invested.
Senator LeMieux. OK. Thank you very much.
Mr. Coyle, you have been a critic, an outspoken critic of
the ground-based missile defense system in the past. You said
in April of 2008 that the GMD system had no demonstrated
effectiveness to defend U.S. or Europe under realistic
operational conditions.
My question to you is do you believe that in this new role
that you fulfill that you will have, as part of that role,
advising the President or the Administration on ground-based
missile defense? It could be that this is out of the scope of
this job. And if it is, then I won't have any other questions.
But if it is not, then I may have one more.
Mr. Coyle. I might be asked--Senator LeMieux, I might be
asked scientific or technical questions about missile defense,
including the ground-based system. I wouldn't have a role in
determining operationally when, if, or how it would be
deployed. That would be up to the Pentagon, of course, to the
Missile Defense Agency. Nor would I have a role in terms of the
policy, of whether we should do it this way or that way, if it
was not a scientific or technical matter.
As for my comments in the past, President Obama has said
that as long as we face a threat from ballistic missiles, we
should have ballistic missile defenses and work to improve
them, and I support that position. And myself, publicly on a
number of occasions, I have said that even if there were no
threat from North Korea or Iran, I would support research and
development in missile defense if for no other than to avoid
technological surprise.
If the day comes that we have to depend on missile
defenses, we hope that never comes, that never happens. But if
such a day should come, we want them to be effective. We want
them to work. And the military environment would be very
hostile. Nuclear weapons, we are talking about. And so, part of
the reason why I have encouraged a better testing program and
other measures for missile defense is because I recognize that
the military environment in actual use would be so stressing.
Senator LeMieux. Mr. Chairman, my time has expired. Thank
you very much.
The Chairman. Thank you, Senator.
Senator Thune?

STATEMENT OF HON. JOHN THUNE,
U.S. SENATOR FROM SOUTH DAKOTA

Senator Thune. Thank you, Mr. Chairman.
I, too, want to thank our nominees for their public service
in the past and willingness to do it in the future and the
contributions that your families make, too. I know that any
time you enter into the realm of public service, it is a family
commitment. So we appreciate those who are here today and those
who support you back in your homes.
I want to welcome Commissioner Coyle. Harking back, I have
got BRAC tattooed on my brain, like Senator Hutchison perhaps
does, too, and I want to compliment you on the good judgment
you exercised during the BRAC process, by the way.
[Laughter.]
Senator Thune. I do want to piggyback on Senator LeMieux's
question, though, and get a little more into this issue. Maybe
we would have a difference of opinion, but you have said, and I
guess this is from testimony earlier this year in front of the
House Armed Services Committee that--or that you wrote that,
``it is clear that the ground-based missile defense system and
the U.S. missile defense system proposed for Europe require
challenging and realistic testing before Congress and the
Administration can determine if those systems can be
operationally effective.''
Now what Admiral Mullen, Chairman of the Joint Staff, has
said that--and this was in testimony before the Armed Services
Committee--that ``I believe United States has a viable initial
operational capability, that we are maturing the system toward
a full operational capability.'' And then earlier this year, at
a hearing before the Senate Armed Services Committee, Admiral
Keating, who is the PACOM combatant commander, testified that
he believed the United States had a high probability of
intercepting an intercontinental ballistic missile aimed at the
United States by North Korea.
And I guess the question I have is how do you reconcile
sort of your view, assessment of the operational effectiveness
of the ground-based missile defense system with the statements
that are being made by some of our military leadership
combatant commanders?
Mr. Coyle. Senator Thune, nice to see you again also.
With respect to my testimony, for example, before the House
Armed Services Committee, one of the things I was trying to
bring out there was that, in some cases, our missile defenses
have not been tested under rather benign military
environments--forget about the most stressing military
environments--that those systems might face.
For example, you would like to see the ground-based system
tested at night. Hasn't been done yet. Why is that important?
Because at night, when the sun is not shining on the enemy's
missile that is coming toward you, it is colder and it is
harder for the infrared sensors to see it.
So I brought out in that testimony a number of different
examples--bad weather, different examples, I won't try to go
through them all here--but of things that I thought still
needed to be done that could be really crucial in a time of
war. With respect to nuclear environments, the Pentagon has
pointed out that some of these systems are not hardened as yet.
And so, those were the kinds of things that I was trying to
bring out.
Senator Thune. And in that testimony before the House Armed
Services Committee, and this was earlier again this year, you
wrote of the need to increase testing, which you just
mentioned, for ballistic missile defense systems, including the
ground-based mid-course defense system. And yet the Missile
Defense Agency Director, General O'Reilly, testified this year
before Congress that the Missile Defense Agency was moving away
from conducting two ground-based missile defense tests per year
to one test every 9 months.
What is your view of this new, slower rate of testing, and
do you assess that the Missile Defense Agency has the ability
to conduct at least two ground-based missile defense flight
tests per year?
Mr. Coyle. Senator, I am pleased to be able to say that
General O'Reilly and I have--go back a long way and have worked
very well together in the past. When I was in the Pentagon, he
was running the THAAD program, and we worked together to
improve that program, and it is much better today than it was
back in the late 1990s.
These tests, especially the tests to the ground-based
system, are very expensive, very complex. It takes the analysts
who have to look at all the data from these tests a long time.
General O'Reilly has told me a year sometimes it takes to
analyze all the data from a test. And so, for these reasons,
cost and complexity and all, it is very difficult to do even
two tests a year.
Would I like to see two tests a year? Yes. And so, I think,
would General O'Reilly. But as a practical matter, especially
given all the other priorities, it is difficult to do.
Senator Thune. One final question, Mr. Chairman, if I
might? And that has to do with an agreement in May. We agreed,
I should say, to a negotiating agenda at the U.N. conference on
disarmament that commits the U.S. to a treaty on the prevention
of an arms race in outer space. I think we need to understand
the scope of the impact that that kind of a treaty could have
on our defense and U.S. defense programs.
And I would ask you--and you don't have to do this now, but
if you could furnish this--to identify for the Committee those
U.S. defense systems that currently are in the field or in
development that might directly or indirectly be used to
support an anti-satellite capability. Is that a list that we
could----
Mr. Coyle. Senator, yes. I believe--I don't have that at my
fingertips, but I believe that is something that we could
provide for the record. And as I mentioned in my opening
statement, I see part of my job, if I were confirmed, to make
sure that new treaties we enter into, that the country may
enter into, have adequate verification provisions.
Senator Thune. Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Thune.
I will just--unless there are other questions, I didn't ask
two of you questions. So I want to do that, and then Senator
Lautenberg is on his way back. And then he will handle the
three additional nominees.
Mr. Quehl, you say--you used the phrase ``an opportunity
for transformation.'' And you used this in terms of over half
of the Federal workforce eligible for retirement, is probably
going to take that retirement.
Now there is a conundrum here because, actually, people are
looking to Government because they can't find work. People are
looking to the armed forces because they can't find work.
Applications for the Peace Corps and for the CIA, two ends of
the spectrum one might say, have never been greater in
amplitude or in quality than they are in these last couple of
years.
So people are clearly seeking something, certainly a job,
but more importantly, something which is meaningful to them.
Nevertheless, if you lose half of your workforce, the Federal
workforce, and so I am just going to slop that over to include
the Commerce Department, and you talk about an opportunity for
transformation. I am inspired by that, but I am not clear as to
what you mean by that.
Mr. Quehl. Thank you, Chairman.
Mr. Chairman, the challenges and opportunities are often,
as the saying goes, are presented at the same time. We have--in
my brief interactions with the staff, the career staff at the
Department of Commerce, I am impressed by their commitment, by
their professionalism, by their passion to achieve their
missions and to help them affect people's lives for the better.
As a matter of fact, when half of one's department's
workforce, particularly at the scale we are discussing, are
eligible to retire and one takes a view beyond just one year, a
multi-year view, one looks at what can be done to find the
best--the next generation of the best and the brightest with a
similar passion for public service, particularly at this time
where there are so many with such high qualifications seeking
these positions.
Beyond hiring people, there is a question of how can
processes be fundamentally reinvented? How can technologies be
used so that perhaps even better levels of service and results
for the American people could be achieved with very different
staffing configurations? And third, I believe that through the
connection of mission to goals through program--through
evaluation of programs and budgeting that the Secretary and
Deputy Secretaries are committed do, I do believe that we will
have an opportunity to take a fresh set of eyes and to look at
transformation, both through the way we hire and motivate and
work with our career employees, and through the ways we invest
in technology and better processes to achieve better results.
The Chairman. One of the reasons I asked that is because
you can have changes at the top, as we are talking about here,
but the people who have been in service for decades have
developed a certain way of doing things. In the meantime, the
world has changed. The way of interagency cooperations have,
for the most part, not changed.
So what you are saying is that, I guess, as you are able to
bring in younger people and more seasoned professionals, who we
desperately need because younger people don't have that
experience yet, they will grow into their positions very
quickly because they will have to learn a lot of policy very
fast.
Mr. Quehl. Yes, Mr. Chairman. I might add that there may be
different ways of achieving the same ends. There may be the
issue of how to motivate, change the psychology of people in
rural areas, that question that you had raised earlier. How
would we staff, and how would we use technology, and how we
could manage our facilities in a way that would bridge that gap
between hard-working people who want a chance to compete and
succeed in the global economy and a Government program and
staff and resources able to help bridge that gap to help them
do it?
That may be a question of managing the same people
differently, training the same people differently. It may be a
question of finding, of bringing in others who would handle
that proactively and differently. It may be a question of using
technologies to do it differently. But this is, it is a
remarkable time with all the challenges we have to consider how
to do things differently and better on behalf of the American
people.
And I look forward, if I am confirmed, to working with you
and this Committee in achieving that.
The Chairman. Thank you. I have one more quick question.
Mr. Coyle, I have a question for you. We are very partial
here in this Committee to the National Oceanic and Atmospheric
Administration. They are very large. They are not very well
known. They are extraordinarily important when it comes to
their ordinary functions as well as the whole matter of climate
change.
Acquisitions and management of critical environmental
satellites is an issue. My question of you is would you support
independent cost estimates for the procurement of satellite
systems?
Mr. Coyle. Mr. Chairman, the question of the planning, the
budgeting, the acquisition, the maintenance of the management
of a large capital asset acquisition is essential I would say
throughout the Federal Government and certainly within the
Department of Commerce, be it in NOAA or other bureaus.
The scale of these investments is so large that managing
them right--getting it not right with respect to the numbers or
the management could have huge implications in terms of the
overall department budget and ability to achieve its mission
and the impacts it may have on other programs.
So the issue of having faith in cost estimates, faith in
the order and method of planning and managing that position of
these programs certainly would be, if I am confirmed, a top
priority of mine. I know it is an essential priority of the
Secretary and the Deputy Secretary. I had an opportunity to
discuss this with the Deputy Secretary already at some length,
and with respect to independent assessment and analysis of
cost, I would beg the Committee's and your indulgence in terms
of some time to consider that, how best to structure that.
But if the essence of the question is how do we have faith
in those numbers and the application of those numbers to sound
financial management within the bureau and within the
department as a whole, I am absolutely committed to that and
would look forward to working with you and other Members of the
Committee on that subject.
The Chairman. That is good. I only asked that question
because I serve on the Intelligence Committee, and it is
absolutely mind-boggling the complete difference between the
reality of the guesstimate or the official estimate of what
something will cost and what it actually turns out to be 7
years later.
Mr. Coyle. Yes.
The Chairman. When it finally isn't ready to take off. So
there is a lot of heat behind that question.
Mr. Coyle. Yes.
The Chairman. And I hope you will take it seriously, and I
am sure you will.
Mr. Coyle, it is interesting to me. You are really the
first person in almost a decade to be put up for the position
that you have been nominated for because Mr. Holdren has a
number of people who work with him, and some of those positions
haven't been filled. There are four of you that are going to be
nominated and hopefully approved for these positions in working
with Mr. Holdren, Dr. Holdren.
I am enormously interested, as is Olympia Snowe on this
Committee and many others on this Committee and everybody who
has their head properly placed, in cyber security. It is
according to both President Bushes, the last President Bush's
DNI and Obama's DNI, Director of National Intelligence, the
greatest national security threat facing our Nation. This is
quite extraordinary for something which was DARPA-invented some
years ago. It was unfamiliar to people for a long time and now
all of a sudden, it is the top national security threat because
people can undo you gradually, dangerously, lethally, in so
many ways so easily and never be detected in many case.
So the question of how you do cyber security, how you go
with that, and the question of climate change, there is so much
that heaps itself on top of you, should you be confirmed, which
I hope you will be, and it will be difficult for you because,
again, there has not been a person in your position for a
while.
So if you could just make a brief comment on each, cyber
security and climate change, I would be grateful.
Mr. Coyle. Yes, sir. Senator, you raised two really
important topics, and I appreciate your leadership in both of
them. With respect to the cyber security issue, I am not yet
privy to the intelligence information that you are, but if I am
confirmed, I will be, and I believe that will help me
understand better what to do.
But one doesn't need to be privy to this intelligence
information. Just last week, we all saw the news in the
newspaper of where criminals were emptying out bank accounts,
millions of dollars worth of bank accounts because of cyber
security breakdowns. So, obviously, for national security
purposes, we just cannot permit such a thing. We can't permit
those kinds of breakdowns, and it is something that I expect I
would have to devote a considerable amount of attention and
effort to if I am confirmed.
With respect to climate change, again, I very much
appreciate your leadership in helping the Nation understand
what an enormous asset coal is. I regard energy security and
national security as one and the same. I don't think they are
separable. And an important part of that, making the best use
of America's coal resources, is going to be developing
technologies to be able to use them cleanly.
In that regard, I think carbon capture and--carbon
sequestration and capture is going to be very important. There
are demonstration projects moving forward, such as the
Mountaineer Project in your state and other projects I am aware
of in California. There are probably others I don't know about
yet. Those kinds of projects, I think, are going to be really
crucial in helping us make the best use of the wonderful coal
resources we have.
The Chairman. I thank you for that. One of my concerns,
then I really promise to stop, is that we too often, sometimes
in the Senate--or I should say even in the Senate--we legislate
on things that we don't fully understand. And I think cyber
security automatically qualifies for that because it is really,
more or less, a new word to most people, not totally in this
body, but to some extent in this body. But generally across the
country, it is a mysterious word, even as it is very
dangerous--and has dangerous potential.
In the matter of climate change, everything seems to be
based on--you say the word ``cap and trade.'' And if you are
for ``cap and trade'' in a coal state that you are a bad guy.
If you are for it, elsewhere you are a good guy.
And yet I would wager you that more than 50 percent of the
members of the U.S. Senate couldn't give you a decent
explanation of what ``cap and trade'' meant and what it did and
how it works, much less the people in the states who are going
to be affected and especially the coal states, most
importantly, by this. And that is an enormous challenge I think
to all of this is to speak in language which is clear and
direct to people who mine coal and who produce coal, et cetera,
and burn it.
The producers and the burners will probably understand it,
but the folks who mine it may not. And therefore, they will be
afraid of it. And there isn't actually always necessarily a
reason for them to be afraid, because it can work for coal. But
anyway, it is just part of the excitement, I think, of the
challenge that faces you.
I apologize to both of my colleagues and for going on for
so long and now would ask Senator Lautenberg--do you have any
more questions of this panel?--to come over here and introduce
our three next nominees.
Senator Lautenberg. I am honored, and I report for duty.
The Chairman. All right.
Yes, thank you all very, very much. Very much. Mark, you
take good care of your father.
Senator Lautenberg [presiding]. Welcome. I know when there
is a good show people linger on, but now we have substantially
reduced the size of the crowd. Don't take that as a personal
thing. It is me, really, that is----
And this is a position that this will be considered in the
final analysis the coup d'etat. I have taken over. I have got
the Chairman's seat. And by the way, this is a special seat.
So, seriously, it is because Senator Rockefeller has had a
problem with his leg, and so the chair is nice.
[Laughter.]
Senator Lautenberg. Anyway, on the serious side, I couldn't
stay for the other panel, but I particularly was focused on
this panel because it has so much relevance to the subject that
sits right in front of us. Particularly coming from our
Northeast corner with the crowding and the desperate need that
we have for getting, finding ways to reduce the traffic
congestion and better environmental condition, less dependence
on foreign oil and giving people a chance to know that, for the
most part, they can arrive at their destinations on time,
regardless of weather, and not having to go to an airport where
they are competing for space with people going to lots of
different places.
And we have seen some pretty good development at Amtrak
over the years, and we are pleased to have the two of you who
are seeking seats on the Amtrak board.
And Mr. Rosekind, you come with a lot of experience, and we
need the kind of skills that you have developed on the reviews
of what is happening on our National Transportation Safety
Board to make sure that if accidents do happen, we learn enough
to try to prevent them from happening in the future.
So let me just take 1 second, and we are ready now. Mr.
Coscia, do you want to take your 5 minutes or 3 minutes? What
do we--5? OK, that is because they knew I had the influence.

STATEMENT OF ANTHONY R. COSCIA, DIRECTOR-DESIGNATE, AMTRAK
BOARD OF DIRECTORS

Mr. Coscia. Thank you, Senator.
Senator Lautenberg. Please make your statement.
Mr. Coscia. Let me begin by recognizing that Chairman
Rockefeller admonished the earlier panel if they failed to
introduce any family members that were in attendance. So not
wanting to suffer the fate that Chairman Rockefeller suggested
would happen, I do want to mention that my daughter, Christine,
who is a senior at Georgetown, is here with us today. My son,
Joseph, is also at Georgetown and tried to use this hearing as
an excuse not to take an exam at 2:30 p.m., but I chose rather
to have him stay in place. But Christine is representing our
family.
Senator Lautenberg. OK. She is welcome here, and you might
see something around here that you would like to have more
contact with on a regular and permanent basis. We always are
looking for inspired young people who want to come to
Government. So welcome.
Mr. Coscia. Thank you, Senator.
And I also wanted to thank you and Senator Menendez for
your gracious introductory remarks and for providing me with
the support and encouragement during this nomination process.
I am deeply honored that President Obama has nominated me
to serve on the Board of Amtrak. If confirmed, I commit to
bringing my experience, both as a lawyer in the private sector
and a long-standing public servant in my home State of New
Jersey to the service of Amtrak's board.
Today, I would like to briefly discuss my qualifications
and explain what I believe are some of the principal issues
facing the Amtrak Board, and I would like to use the remainder
of the time, obviously, to answer your questions or any of your
colleagues' questions on matters that are so critical to
supporting our Nation's passenger rail transportation system.
I received my undergraduate degree from Georgetown
University School of Foreign Service and my law degree from
Rutgers University School of Law. For the past 25 years, I have
been affiliated with the firm of Windels Marx Lane &
Mittendorf, one of New York City's oldest law firms. I have
been a partner at Windels Marx since 1990 and a member of the
firm's Executive Committee since 1994.
My practice focuses on corporate, commercial, and real
estate transactions, with a concentration on the financial
elements of those transactions. I have considerable public
sector experience relating to economic development and
transportation and, in particular, the rail business.
Since April 2003, I have served as Chairman of the Board of
Commissioners of the Port Authority of New York and New Jersey.
The Port Authority manages, as you know, some of the Nation's
most critical transportation facilities, including three major
commercial airports, four port facilities, and six interstate
bridges and tunnels. As Chairman, I have had broad oversight
responsibility in connection with the Port Authority's varied
businesses and the implementation of its annual $6.5 billion
capital and operating budget.
One of my major initiatives has been to strengthen the
agency's governance principles. In 2007, I led the first major
effort at the Port Authority in 26 years to amend the agency's
bylaws, and those amended and restated bylaws include a variety
of measures intended to enhance the Port Authority's
transparency and strengthen its management and accounting
controls.
Of particular relevance to my nomination, the Port
Authority operates the PATH commuter rail system. PATH
transports approximately 230,000 riders each weekday between
New York and New Jersey. During my tenure as Chairman, the Port
Authority has dedicated over $3 billion to overhauling the 100-
year-old PATH system. This includes replacing the entire fleet
of PATH rail cars, replacing the signal system, and modernizing
all 13 PATH rail stations, as well as enhancing the safety and
security of the entire system.
Beyond my current role at the Port Authority, I also have
served as a director and audit committee member of other public
agencies. From 1992 to 2003, I was the Chairman of the New
Jersey Economic Development Authority, one of the largest
State-sponsored development banks in the United States.
I am excited about the possibility of serving as an Amtrak
Director because I believe America's global competitiveness
requires expanding overall transportation capacity and
providing meaningful alternatives to the Nation's prevailing
transportation modes. Based on my experience at the helm of a
public agency that operates rail, airports, and bridges and
tunnels, I strongly believe that a vibrant, competitive, and
comprehensive passenger rail system is a critical component of
a 21st Century multimodal transportation system.
The benefits of such a system are numerous. It would
improve the mobility of our Nation's congested highways and
roadways, reduce energy consumption, and result in improved air
quality and lower greenhouse gas emissions. Rail stations can
also serve as magnets for higher-density and compact transit-
oriented development, resulting in further environmental
benefits.
I recognize that Amtrak faces a number of challenges in
realizing this goal. Among the most significant challenges is
securing a stable funding source. Maintaining sufficient levels
of funding for Amtrak would enable it to develop a long-term
capital investment plan and would ultimately result in better,
more comprehensive passenger rail service.
Another major challenge is maintaining the transparency and
accountability of Amtrak's Board and its management staff. In
order to gain the trust of the general public and the Congress,
Amtrak's leadership, including its Board, must make every
effort to conduct itself and its business in a transparent
manner.
If confirmed as an Amtrak Board Member, my principal
responsibilities would include helping establish Amtrak's
management and accounting controls and monitoring whether
Amtrak staff's financial management and operational decisions
are in compliance with those controls. I would discharge these
responsibilities through my attendance at board meetings and
through frequent interaction and consultation with the Amtrak
executive staff.
Should I have the privilege, Senator, of this Committee's
endorsement and the confirmation of the full Senate, I pledge
my best efforts to serve the public and the entire Amtrak team.
I also pledge my full responsiveness to the members and staff
of this Committee, the entire Senate, as well as the House of
Representatives.
Thank you for giving me an opportunity to speak, and I
pleased to answer any questions.
[The prepared statement and biographical information of Mr.
Coscia follows:]

Prepared Statement of Anthony R. Coscia, Director-Designate,
Amtrak Board of Directors
Chairman Rockefeller, Ranking Member Hutchison, and other members
of the Committee, I appreciate this opportunity to appear before you
today. Thank you, Senators Lautenberg and Menendez, for your gracious
introductory remarks and for providing me with support and
encouragement throughout the nomination process. I am deeply honored
that the President has nominated me to serve on the Amtrak Board of
Directors. If confirmed, I commit to bringing my experience, both as a
lawyer in the private sector and as a longstanding public servant in my
home state of New Jersey, in the service of Amtrak and its Board.
Today I would like to briefly discuss my qualifications and explain
what I believe are some of the principal issues facing the Amtrak
Board. I would like to use the remainder of today's session to hear
from you which issues and matters you believe are most critical for our
Nation's passenger rail transportation system.
I received my undergraduate degree from the Georgetown University
School of Foreign Service and my law degree from the Rutgers University
School of Law. For the past 25 years, I have been affiliated with
Windels, Marx, Lane & Mittendorf, LLP, one of the New York region's
oldest law firms. I have been a partner at Windels Marx since 1990 and
a member of the Firm's Executive Committee since 1994. My practice
focuses on corporate, commercial and real estate transactions, with a
concentration on the financial elements of those transactions.
I have considerable public sector experience relating to the travel
and transportation industries, and the rail business in particular.
Since April 2003, I have served as Chairman of the Board of
Commissioners of the Port Authority of New York and New Jersey. The
Port Authority manages some of the Nation's most critical
transportation facilities--including three major commercial airports,
four port facilities, and six interstate bridges and tunnels. As
Chairman, I have broad oversight responsibility in connection with the
Port Authority's varied businesses and implementation of its annual
$6.5 billion capital and operating budget. One of my major initiatives
has been to strengthen the agency's governance and ethics principles.
In 2007, I led the first major effort at the Port Authority in 26 years
to amend the agency's by-laws; the amended and restated by-laws include
a variety of measures intended to enhance the Port Authority's
transparency and strengthen its management and accounting controls.
Of particular relevance to my nomination, the Port Authority
operates the PATH commuter rail system. PATH transports approximately
230,000 riders each weekday between New York and New Jersey. During my
tenure as Chairman, the Port Authority has dedicated $3.3 billion to
overhauling the 100-year-old PATH system. This includes replacing the
entire fleet of PATH rail cars, replacing the signal system,
modernizing all 13 PATH stations, and enhancing the safety and security
of the entire system.
Beyond my current role at the Port Authority, I also have served as
a director and audit committee member of other public agencies. From
1992 to 2003, I was Chairman of the New Jersey Economic Development
Authority, one of the largest state-sponsored development banks in the
United States.
I am excited about the possibility of serving as an Amtrak director
because I believe America's global competitiveness requires expanding
overall transportation capacity and providing meaningful alternatives
to the Nation's prevailing transportation modes. Based on my experience
at the helm of a public agency that operates rail, airports, and
bridges and tunnels, I strongly believe that a vibrant, competitive,
and comprehensive passenger rail system is a critical component of a
21st Century multi-modal transportation system. The benefits of such a
system are numerous: it would improve mobility on our Nation's
congested highways and roadways; reduce energy consumption; and result
in improved air quality and lower greenhouse gas emissions. Rail
stations can also serve as magnets for higher-density and compact
transit-oriented development, resulting in further environmental
benefits.
I recognize that Amtrak faces a number of challenges in realizing
this goal. Among the most significant challenges is securing a stable
funding source. Maintaining sufficient levels of funding for Amtrak
would enable it to develop a long-term capital investment plan that
would ultimately result in better, more comprehensive passenger rail
service. Another major challenge is improving the transparency and
accountability of Amtrak's board and management staff. In order to gain
the trust of the general public and Congress, Amtrak's leadership,
including its Board, must make every effort to conduct itself and the
business of the agency as transparently as possible.
If confirmed as an Amtrak Board member, my principal
responsibilities would include helping to establish Amtrak's management
and accounting controls and monitoring whether Amtrak staff's
financial, management and operational decisions are in compliance with
those controls. I would discharge these responsibilities through
attendance at Amtrak board meetings and through regular interaction,
consultation and dialogue with Amtrak executive staff.
Should I have the privilege of this Committee's endorsement and
confirmation by the full Senate, I pledge my best efforts to serve the
President and his Administration, and the entire Amtrak team. I also
pledge my full responsiveness to the members and staff of this
Committee, and to the entire Senate as well as House of
Representatives.
Thank you again for inviting me to speak with you today. I would be
pleased to answer any questions you may have.
______

a. biographical information
1. Name (Include any former names or nicknames used): Anthony R.
Coscia.
2. Position to which nominated: Director, National Railroad
Passenger Corporation (Amtrak).
3. Date of Nomination: November 10, 2009.
4. Address (List current place of residence and office addresses):

Residence: Information not released to the public.

Office: 156 West 56th Street, New York, NY 10019.

120 Albany Street Plaza, New Brunswick, NJ 08901.

5. Date and Place of Birth: 09/09/59; Paterson, NJ.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).

Spouse: Alice Coscia, Substitute School Nurse, North Caldwell
and West Essex Schools, New Jersey; children: Christine Coscia,
21; Joseph Coscia, 19; Stephen Coscia, 17; Elizabeth Coscia,
15; Marissa Coscia, 13.

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

Rutgers University School of Law (J.D., 1984).

Georgetown University School of Foreign Service (B.S.F.S.,
International Economics, 1981).

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.

Associate Attorney, Windels Marx Davies & Ives, 156 West 56th
Street, New York, New York 10019. General corporate, commercial
and real estate practice. 1984-1990.

Partner, Windels Marx Lane & Mittendorf, LLP, 156 West 56th
Street, New York, New York, 10019. Member of the firm as a
partner in the general corporate, commercial and real estate
groups. 1990-1991 and 1992-Present.

Executive Director, New Jersey Economic Development
Corporation, 36 West State Street, Trenton, NJ 08625. Chief
Executive Officer. 1991-1992.

Governor's International Trade Commission, Commissioner, 1990-
1994.

New Jersey Economic Development Authority, Chairman, 1992-2003.

New Capital Sources Partnership Board, Director, 1996-1997.

NJ Governor's Export Advisory Council, Director, 1996-1997.

NJ Schools Construction Corporation, Chairman, 2002-2003.

Camden Economic Recovery Board, Director, 2002-2003.

Budget Efficiency Savings Team, Chairman, 2002.

Essex County Government Review Task Force, 2005-2007.

Port Authority of New York and New Jersey, Chairman, Board of
Commissioners, 2003-Present.

Regent, Georgetown University.

Trustee, NJN Foundation.

Trustee, Cerebral Palsy of North Jersey.

Trustee, Liberty Science Center.

Council of Trustees, New Jersey Performing Arts Center.

Director, Marcal Paper Mills, Inc.

Director, Motor Coach Industries International, Inc.

Director, Interchange Financial Services Corporation and
Interchange Bank.

Advisory Board, Advance Realty Group.

Advisory Board, PNC Bank, NJ.

General Counsel, NJ World Trade Council.

Director, Ryan Beck & Co.

Trustee, New Jersey Community Development Corporation.

Member, National Association of Industrial and Office
Properties. 03/04 to present.

Member, Partnership for New York City, 04/07 to present.

Member, New Jersey Alliance for Action, 1998 to present.

Member, Economic Club of New York, 2008 to present.

Member, Georgetown University Board of Regents, 2007 to
present.

Member, Rutgers University Business Council, 2005 to present.

Member, Fannie Mae Regional Partnership, 2000 to present.

Trustee, Cerebral Palsy of North Jersey, 2004 to present.

Director, New Jersey Community Development Corporation, 2007 to
present.

Member, New Jersey Performing Arts Center Council of Trustees,
2006 to present.

Director, Liberty Science Center, 2006-2008.

Trustee, New Jersey Network Foundation, 2001 to present.

13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt: No.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period.

------------------------------------------------------------------------------------------------------------------------------------------------
2/2/99 $2,000 Senate Democratic Majority
2/25/99 $1,000 Torricelli for U.S. Senate
5/11/99 $1,000 Menendez for Senate
7/9/99 $1,000 Whitman for U.S. Senate
10/4/99 $1,500 Middlesex County Democratic
Organization
12/27/99 $1,000 Florio for Senate
3/24/00 $1,000 Corzine 2000 Inc.
3/30/00 $1,000 Florio for Senate
4/18/00 $1,000 The Senator Kyrillos Committee
6/12/00 $500 New Jersey Democratic State
Committee
7/14/00 $600 Senate Democratic Majority
Committee
9/6/00 $5,000 New Millennium PAC
11/16/00 $1,000 McGreevey for Governor 2001
4/2/01 $2,000 Menendez for Congress, Inc.
4/5/01 $2,000 2001 Victory Fund for James
McGreevey
4/20/01 $1,000 Menendez for Senate
6/19/01 $600 Senate Democratic Majority
Committee
7/19/01 $2,000 The Middlesex County Democratic
Organization
7/23/01 $500 The Senator Kyrillos Committee
8/20/01 $1,000 Menendez for Congress
9/26/01 $5,000 New Millennium PAC
10/19/01 $500 Hunterdon County Democratic
Committee
11/29/01 $1,000 Corzine Committee
4/18/02 $2,500 New Millennium PAC
5/13/02 $1,000 Torricelli for Senate
5/28/02 $2,500 HCDL Leadership Fund
7/22/02 $500 The Senator Kyrillos Committee
7/26/02 $2,000 Committee to Elect Reiman
9/10/02 $5,000 New Millennium PAC
4/9/03 $2,000 Congressman Menendez
5/9/03 $2,500 Senate Democratic Majority
5/21/03 $2,000 Congressman Menendez
9/24/03 $5,000 New Millennium PAC
11/5/03 $500 The Election Fund of John S.
Wisniewski
12/9/03 $1,000 Senate Democratic Majority
3/22/04 $1,000 Steve Rothman for Congress, Inc.
4/5/04 $1,250 Senate Democratic Majority
4/7/04 $2,000 New Millennium PAC
5/12/04 $3,000 New Millennium PAC
6/2/04 $2,000 Hoboken Democratic Party
6/29/04 $3,000 NJ Democratic State Committee
10/1/04 $3,000 New Millennium PAC
10/11/04 $1,500 Election Fund of Richard J. Codey
10/12/04 $3,000 Middlesex County Democratic
Organization
10/14/04 $5,000 Bergen County Democratic
Organization
11/29/04 $750 Senate Democratic Majority
3/28/05 $1,000 Lautenberg 20 Years Committee
4/5/05 $3,000 Menendez for Congress
6/14/05 $1,000 Quinn for Council 2005
9/22/05 $500 Sires for Congress
9/27/05 $2,500 Democratic National Committee
12/9/05 $750 Senate Democratic Majority
------------------------------------------------------------------------

These contributions include partnership contributions, when
appropriate, by my firm Windels Marx Lane & Mittendorf, LLP.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.

Honorary doctorate of humane letters from the New Jersey
Institute of Technology.

2008 Jewish National Fund's Tree of Life Award.

2008 Rutgers University School of Law--Distinguished Alumnus
Award.

2008 March of Dimes 32nd Annual Transportation and Construction
Awards--Service to Humanity Award.

2007 Newark Regional Business Partnership Transportation Leader
of the Year Award.

2007 Institute for Social Justice Corporate Leadership Award.

2006 Building Trades Employers Association Annual Leadership
Award.

2004 New Jersey Alliance for Action Eagle Award.

Speech, New Jersey Alliance for Action--Annual Governor's
Transportation Conference, April 13, 2009.

Speech, Princeton University Woodrow Wilson School of
Government, ``Transportation and Infrastructure Issues for the
Next Decade,'' March 6, 2009.

Infrastructure Unworthy of a Superpower, The Star Ledger,
(Newark, New Jersey), November 10, 2008, Editorial.

Speech, Saint Peter's College Board of Regents 37th Annual
Business Symposium, ``Leadership and Accountability in
Challenging Times,'' November 7, 2008.

Speech, Crain's New York Business Breakfast Forum, April 15,
2008 Speech, National Association of Industrial Office Parks
Industrial Conference, April 2, 2008.

It Will Take Teamwork to Ease Flight-delay Epidemic, The Star-
Ledger (Newark, New Jersey), June 19, 2007, Editorial.

Commencement Speech, New Jersey Institute of Technology, May
17, 2007.

Lower Manhattan on the Rebound, The Record (Bergen County, NJ),
September 10, 2006, Opinion.

We Won't Be Able to Get There from Here, The Star-Ledger
(Newark, New Jersey), July 16, 2006, Perspective.

Speech, Crain's New York Business Breakfast, June 13, 2006.

Concrete Partners, The New York Times, June 4, 2006, Section
14; Column 4; The City Weekly Desk.

Speech, New Jersey Alliance for Action, May 10, 2006.

Speech, Urban Land Institute, September 15, 2005.

Be Sure of What Comes to Our Shores, The Star-Ledger (Newark,
New Jersey), December 22, 2004, Editorial.

17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
Provided oral testimony and submitted written statement for hearing
on ``The SAFE Port Act: One Year Later,'' The U.S. Senate Committee on
Commerce, Science and Transportation, Washington, D.C., October 4,
2007.
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I have considerable public sector experience relating to the travel
and transportation industries generally and the rail business in
particular. As Chairman of the Port Authority of New York and New
Jersey, I have broad policy oversight responsibility in connection with
the agency's varied transportation businesses and $6.5 billion annual
capital and operating budget. The Port Authority's transportation
businesses include the busiest airport system in the world (including
John F. Kennedy, Newark Liberty International, and LaGuardia Airports),
four port facilities, and six interstate bridges and tunnels. Of
particular relevance to the position for which I've been nominated, the
Port Authority also operates the Port Authority Trans Hudson (``PATH'')
commuter rail system. The PATH system transports approximately 230,000
riders each weekday, and almost 75 million riders annually, between New
York and New Jersey. During my tenure as Chairman, the Port Authority
has dedicated significant agency resources to overhauling the 100-year-
old PATH system. The Port Authority's ten-year capital plan includes
$3.3 billion for replacing the entire fleet of rail cars, replacing
PATH's signal system; modernizing all 13 PATH stations in New York and
New Jersey; and maintaining the PATH system in a state of good repair.
The Port Authority, in partnership with New Jersey Transit, is also
building the Access to the Region's Core project (``ARC'')--a new $8.7
billion rail tunnel under the Hudson River and new rail station in
midtown Manhattan. Once completed, ARC will double the commuter and
intercity trains traveling to and from Manhattan to points westward;
reduce congestion on local roads; result in improved air quality; and
prompt transit-oriented development in the surrounding neighborhoods in
New York and New Jersey.
In addition to my specific transportation-related experience, I
also have served as a director and audit committee member of public
agencies other than the Port Authority, as well as closely held
corporations in the financial services, investment banking, real estate
and manufacturing sectors. See answer to #19 below.
I wish to serve as an Amtrak director because I genuinely believe
there America's global competitiveness in the years ahead requires the
financing and development of an effective nationwide rail system. In
the twenty-first century, the most successful economies feature
expansive, efficient transportation systems. A national transportation
plan requires making investments in new capital projects that expand
overall transportation capacity and provide meaningful transportation
alternatives to road and air travel. At a regional level, these
alternatives include, above all, investing in a vibrant intercity rail
system. The benefits of such a system are numerous: it would help
relieve congestion and improve mobility on America's highways and
airways, reduce energy consumption and result in improved air quality
and lower greenhouse gas emissions. Rail stations also serve as magnets
for higher-density and compact transit-oriented development, resulting
in further environmental benefits. In short, I wish to serve on
Amtrak's board of directors because a vibrant intercity rail system is
critical to America's economic future, and I believe I have the
requisite qualifications to help Amtrak achieve that goal.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
If confirmed as an Amtrak board member, my responsibilities would
include helping to establish Amtrak's management and accounting
controls and monitoring whether Amtrak's procedures and regulations and
executive staffs financial, management and operational decisions are in
compliance with such controls. I would keep apprised of best practices
relating to management and accounting controls in the rail industry and
advance incorporation of such controls by Amtrak. I would discharge
these responsibilities through attendance at meetings of the Amtrak
board of directors and regular interaction, consultation and dialogue
with Amtrak executive staff.
I presently serve as Chairman of the Port Authority of New York &
New Jersey (``Port Authority''), the Nation's largest and oldest bi-
state authority. The Port Authority builds and operates some of the
most critical transportation and infrastructure facilities in the New
York/New Jersey region--including the PATH commuter railroad system,
five airports, four port facilities, and six interstate bridges and
tunnels--and promoting the region's economic vitality. it is also the
lead public agency in rebuilding the World Trade Center after the
September 11 terrorist attacks and, in partnership with New Jersey
Transit, the builder of a new commuter rail tunnel under the Hudson
River. The agency currently employs more than 7,000 individuals across
its different lines of business and its dedicated police force. As
Chairman, I have broad policy oversight responsibility in connection
with the agency's varied businesses and $6.5 billion annual capital and
operating budget. I am also responsible for advancing the mission and
promoting the objectives of the Port Authority to the general public. I
spearheaded the adoption of the agency's 10-year capital plan; the
updated plan includes $29.5 billion for substantial investment in and
expansion of the region's transportation facilities. I also led the
first major effort at the Port Authority in 26 years to amend the
agency's by-laws; the amended and restated by-laws include a variety of
measures intended to enhance the Port Authority's transparency and
strengthen its management and accounting controls. Those measures
include the establishment of a new board-level committee dedicated to
enhancing the governance and ethics principles of the agency.
I am also a Partner and Executive Committee member of Windels Marx
Lane & Mittendorf, LLP, one of the New York region's oldest law firms.
I am also a member of the Firm's Corporate and Securities, Financial
Transactions and Real Estate Practice Groups. My practice focuses
primarily on corporate, commercial and real estate matters, with a
concentration on the financial elements of these transactions. I
represent financial institutions, investors and major corporations on a
broad variety of matters, including corporate and real estate finance
transactions, asset restructure and recovery, regulatory compliance,
mergers and acquisitions and general litigation. In addition, I
regularly advise real estate developers, private equity firms,
technology companies, not-forprofit organizations and utilities. I also
have specific experience in the area of redevelopment finance and have
worked extensively on corporate governance issues.
From February 1992 to March 2003, I served as Chairman of the New
Jersey Economic Development Authority (``NJEDA''), one of the largest
state-sponsored development banks in the United States. The NJEDA, with
more than $2 billion in assets and $14 billion in financing, is charged
with strengthening the state's economic base and renewing communities
through business expansion and attraction, job creation and retention
and revitalization of underutilized properties.
I have also served as a director and audit committee member of
several public and closely held corporations in the financial services,
investment banking, real estate and manufacturing sectors.
20.What do you believe to be the top three challenges facing the
department/agency, and why?
The top three challenges are:

1. Securing sufficient funding for Amtrak over the long term.
Compared with other modes of travel like highways and aviation,
rail has historically been underfunded in the Federal budget
process and thus Amtrak has not been able to make the necessary
capital improvements that would result in more effective and
on-time service. The provision of Federal funds for Amtrak in
the 2008 Passenger Rail Investment and Improvement Act of 2008
and the 2009 American Recovery and Reinvestment Act are
significant advancements in developing a competitive passenger
rail business in the United States. Maintaining sufficient
levels of funding for Amtrak over the long term would enable it
to develop a long-term capital investment plan that would
ultimately result in better, more comprehensive passenger rail
service throughout the country.

2. Persuading the public-at-large that commutation by rail is a
meaningful alternative to driving or flying for short- or
middle-distance travel. With the exception of the Northeast
Corridor and limited areas on the West Coast, intercity
passenger rail in the United States is not a viable option
because it is non-existent, unreliable, and/or inefficient. As
a result, commuters understandably choose to travel by road or
air, leading to increasing congestion on those existing
intercity corridors. A vibrant intercity rail system would help
relieve congestion on the roads and in the air, resulting in
higher economic productivity, fewer greenhouse gases, and less
reliance on foreign sources of oil. The strongest evident for
this is that on the few intercity routes where air travel is
available and Amtrak provides reliable service--e.g., between
New York and Washington, D.C. and between Los Angeles and San
Diego--rail has captured the majority of the traveling
population.

3. Improve transparency and accountability of Amtrak's board
and management staff. In order to gain the trust of the general
public and Congress, Amtrak's leadership must make every effort
to conduct itself and the business of the agency as
transparently as possible. The Passenger Rail Investment and
Improvement Act of 2008 includes various measures that bolster
regulatory oversight of Amtrak. However, Amtrak's leadership
could undertake additional efforts to engender the public
trust, e.g., by advertise board meetings and making them open
to the public; identifying the bases for making board-level
decisions in public or executive session; and making board
members and senior staff regularly available to answer
inquiries from the general public 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.
In accordance with the terms of the ethics agreement that I have
entered into with Amtrak's designated ethics official and that has been
provided to this Committee, I will continue to be a partner in the law
firm of Windels Marx Lane & Mittendorf, LLP and a signatory to its
Partnership Agreement under which I will be compensated based upon the
Firm's legal practice and my contributions to it.
I am currently the beneficiary of retirement plans through the
Windels Marx Lane & Mittendorf, LLP 401K Profit Sharing Plan and the
Windels Marx Lane & Mittendorf, LLP Money Purchase Retirement Plan and
Trust.
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. In accordance with the terms of the ethics agreement that I
have entered into with Amtrak's designated ethics official and that has
been provided to this Committee, I will continue to be a Partner and
Executive Committee member of the law firm of Windels Marx Lane &
Mittendorf, LLP. Under the terms of the ethics agreement I will also
continue in my position as Chairman of the Board of Commissioners of
the Port Authority of New York and New Jersey, which term expires July
2011.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and Amtrak's ethics official to
identify potential conflicts of interest. Any potential conflicts of
interest will be resolved in accordance with the terms of an ethics
agreement that I have entered into with the Department's designated
agency ethics official and that has been provided to this Committee. I
am not aware of any other potential conflicts of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and Amtrak's ethics official to
identify potential conflicts of interest. Any potential conflicts of
interest will be resolved in accordance with the terms of an ethics
agreement that I have entered into with the Department's designated
agency ethics official and that has been provided to this Committee. I
am not aware of any other potential conflicts of interest.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy.
Support adoption of comprehensive port security legislation
(pending): testified before Senate Committee on Commerce, Science and
Transportation regarding implementation of SAFE Port Act and maritime
security generally; communicated with Members of Congress and spoke
publicly in support of ``Port Authority of New York/New Jersey Port
Security Task Force Implementation Act of 2008''; led creation and
convened meetings of Port Authority Port Security Task Force and issued
Task Force report recommending various port security initiatives.
Support increased Federal funding of harbor deepening program: sent
letters to Members of Congress in support of increased Federal funding
for New York/New Jersey harbor deepening program.
Argue in opposition to airport slot auctions: made public
statements in opposition to proposed FAA rule implementing slot
auctions at New York area airports; met with members of prior
Administration to express opposition to slot auctions; published Flight
Delay Task Force report that, among other things, described Port
Authority opposition to slot auctions.
Support increased Federal funding of a Next Generation air traffic
control system: issued Flight Delay Task Force report that, among other
things, described support for Next Generation technologies (``Next
Gen''); spoke publicly at Port Authority-sponsored forum regarding Next
Gen; made videotaped appeal for prospective members to join the Port
Authority-led ``National Alliance for Next Gen'' advocacy group.
Support increased Federal funding for rail security: sent letters
in support of Port Authority applications for Federal grants for
various PATH security initiatives; spoke publicly about the need to
focus more attention on rail security generally.
Support a national infrastructure bank: spoke at academic
conference in favor of creation of national infrastructure bank.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
Any potential conflicts of interest will be resolved in accordance
with the terms of an ethics agreement that I have entered into with
Amtrak's designated ethics official and that has been provided to this
Committee. I am not aware of any other potential conflicts of interest.
I also note that both organizations where I am currently employed,
Windels Marx Lane & Mittendorf, LLP and the Port Authority of New York
and New Jersey, have robust ethics and recusal policies to avoid
potential conflicts of interest.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain: No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain: No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain.
Since 1990 I have been a partner of Windels Marx Lane & Mittendorf,
LLP a law firm of more than 100 attorneys. While not an officer of the
Firm, I am a member of its Executive Committee. WMLM is periodically a
party to civil litigation in the ordinary course of its business, but I
have not been personally involved in any such litigation.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain: No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______

resume of anthony r. coscia
Professional Experience
Port Authority of New York and New Jersey--Chairman, Board of
Commissioners--April 2003 to Present, New York, New York.

Mr. Coscia has broad oversight responsibility in connection with
the agency's transportation businesses and $6.5 billion annual budget.
He spearheaded adoption of the agency's 10-year $29.5 billion capital
plan, which provides for substantial expansion of the region's
transportation facilities, including an historic investment of more
than $8 billion in mass transit rail initiatives. Mr. Coscia's
principal aims include ensuring the safety and security of the Port
Authority's facilities, improving the critical transportation networks
between New York and New Jersey, increasing the transparency of the
Board of Commissioners' decision-making process, promoting
environmental sustainability as an agency goal, rebuilding the World
Trade Center as a driving force for the region's economic recovery, and
establishing a memorial to those lost in the September 11, 2001
terrorist attacks.

Windels Marx Lane & Mittendorf, LLP--Partner and Member of
Executive Committee--1984 to Present--New York, New York.

Mr. Coscia's practice focuses on corporate, commercial and real
estate matters, with a concentration on the financial elements of these
transactions. He represents financial institutions, investors and major
corporations for whom he has handled a broad variety of matters,
including corporate and real estate finance transactions, asset
restructure and recovery, regulatory compliance, mergers and
acquisitions and general litigation. In addition, Mr. Coscia advises
real estate developers, private equity firms, technology companies,
not-for-profit organizations and utilities. He has specific experience
in the area of redevelopment finance and has worked extensively on
corporate governance issues. Mr. Coscia is admitted to the state bars
of New York and New Jersey.

New Jersey Economic Development Authority--Chairman, Board of
Commissioners--February 1992 to March 2003--Trenton, New Jersey.

Mr. Coscia served four different Governors in overseeing one of the
largest state-sponsored development banks in the United States. The
NJEDA, with more than $2 billion in assets and $14 billion in
financing, is charged with strengthening the state's economic base and
renewing communities through business expansion and attraction, job
creation and retention and revitalization of underutilized properties.
From January 1991 to February 1992, Mr. Coscia served as Executive
Director of the NJEDA.
Education
Rutgers University School of Law (J.D., 1984).

Editor-in-Chief, Rutgers Computer and Technology Law Journal.

Georgetown University School of Foreign Service (B.S.F.S.,
International Economics, 1981)--Phi Beta Kappa.
Honors and Awards
Honorary doctorate of humane letters from the New Jersey Institute
of Technology; 2008 Jewish National Fund's Tree of Life Award; 2008
Rutgers Law School--Newark Honoree; 2008 March of Dimes 32nd Annual
Transportation and Construction Awards--Service to Humanity Award; 2007
Newark Regional Business Partnership Transportation Leader of the Year
Award; 2007 Institute for Social Justice Corporate Leadership Award;
2006 Building Trades Employers Association Annual Leadership Award;
2004 New Jersey Alliance for Action Eagle Award.
Affiliations
Mr. Coscia is a member of The Partnership for New York City, The
Economic Club of New York, and the New Jersey Performing Arts Center
Council of Trustees, and serves as a trustee of the New Jersey Network
Foundation and the New Jersey Community Development Corporation. He has
also served as a director and audit committee member of several public
and closely held corporations in the financial services, investment
banking, real estate and manufacturing sectors.
______

Anthony R. Coscia
Anthony R. Coscia was appointed Chairman of the Board of
Commissioners of the Port Authority of New York and New Jersey in April
2003. The Port Authority, founded in 1921, manages some of the most
critical transportation and infrastructure facilities in the New York/
New Jersey region--including the PATH commuter railroad, five airports,
four port facilities, six interstate bridges and tunnels, two bus
terminals, and the World Trade Center. As Chairman, Mr. Coscia has
broad oversight responsibility in connection with the agency's varied
transportation businesses and $6.7 billion annual budget. He
spearheaded adoption of the agency's 10-year capital plan, which
provides for substantial expansion of the region's transportation
facilities, including an historic investment of more than $8 billion in
mass transit rail initiatives. Mr. Coscia's principal aims as Chairman
include ensuring the safety and security of the Port Authority's
facilities, improving the critical transportation networks between New
York and New Jersey, increasing the transparency of the Board of
Commissioners' decision-making process, promoting environmental
sustainability as an agency goal, rebuilding the World Trade Center as
a driving force for the region's economic recovery, and establishing a
memorial to those lost in the September 11, 2001 terrorist attacks.
From February 1992 to March 2003, Mr. Coscia served as Chairman of
the New Jersey Economic Development Authority (``NJEDA''), one of the
largest state-sponsored development banks in the United States. The
NJEDA, with more than $2 billion in assets and nearly $20 billion in
financing, is charged with strengthening the state's economic base and
renewing communities through business expansion and attraction, job
creation and retention and revitalization of underutilized properties.
Mr. Coscia is a Partner of Windels Marx Lane & Mittendorf, LLP, one
of the New York region's oldest law firms, and is a member of the
Firm's Executive Committee and Corporate and Securities, Financial
Transactions and Real Estate Practice Groups. He has specific
experience in the area of redevelopment finance and has worked
extensively on corporate governance issues.
Mr. Coscia has served as a director and audit committee member of
several public and closely held corporations in the financial services,
investment banking, real estate and manufacturing sectors. He serves as
a trustee of the New Jersey Network Foundation and the New Jersey
Community Development Corporation and is a member of the New Jersey
Performing Arts Center Council of Trustees, The Partnership for New
York City and The Economic Club of New York.
Mr. Coscia is admitted to the state bars of New Jersey and New
York. He is a Phi Beta Kappa graduate of the Georgetown University
School of Foreign Service (B.S.F.S., 1981). He received his law degree
from Rutgers University School of Law (J.D., 1984), where he served as
Editor-in-Chief of the Rutgers Computer and Technology Law Journal. In
2007 he was awarded an honorary doctorate of humane letters from the
New Jersey Institute of Technology.

Senator Lautenberg. Thank you.
Mr. DiClemente?

STATEMENT OF ALBERT A. DiCLEMENTE, DIRECTOR-DESIGNATE, AMTRAK
BOARD OF DIRECTORS

Mr. DiClemente. Mr. Chairman, I wish to thank the
distinguished Senators from Delaware, Senator Carper for
stopping by and Senator Kaufman for his kind and generous words
and for his friendship all these many years.
Mr. Chairman, this nomination represents an enormous honor
to me, and I am very appreciative and grateful for the
opportunity to be considered to serve on the Amtrak Board.
I want to thank the President; my friend and former boss,
Vice President Biden; Chairman Rockefeller; Ranking Member
Hutchison; the distinguished Members of this Committee; and, of
course, my family for their support and encouragement
throughout the process.
Mr. Chairman, I am a believer in the critical role that
Amtrak plays in the national transportation fabric of our
country, and I am also fully aware of the importance of Amtrak
in my home State of Delaware, where a number of key Amtrak
facilities currently reside. I am hoping for and looking
forward to the opportunity to work with the 19,000 men and
women who are currently part of the Amtrak family.
Over the years, I have had the pleasure of meeting a number
of those employees. I met them while working for then-Senator
Biden, during our regular trips to the Amtrak shops in
Wilmington, Delaware. And I also recall, as a small boy,
meeting many of them when I would go to the Wilmington shops to
meet with my dad.
Mr. Chairman, my father worked for the railroads his whole
life and retired from Amtrak in 1976. He was a master
blacksmith and welder and took great pride in his work, as did
the other craft members in the Wilmington shops. I was always
struck by their camaraderie and their commitment to the very
difficult and demanding work at hand.
It was not just because of the money or the working
conditions, which were spartan at best, but rather the
commitment they had to the mission of safe and reliable travel
for their fellow Americans and a commitment to one another.
They were family, Mr. Chairman, part of the Amtrak family. They
looked after one another from a safety perspective and believed
in each other from a mission standpoint.
Mr. Chairman, I would welcome the opportunity to work with
these dedicated women and men of Amtrak. And I believe, to the
core of my being, that Amtrak's best days lie ahead of us.
There is much work that needs to be done to meet the many
challenges, and I am honored to have the opportunity to be part
of the team that hopefully will face those challenges and help
lead Amtrak as a world-class transportation system.
Mr. Chairman, Amtrak has always held a special place in my
heart and, indeed, is part of my DNA. I am looking forward to
being of service to the mission of Amtrak, and if confirmed, I
would welcome the opportunity to serve on the Board.
Thank you, Mr. Chairman, for the time and consideration of
my nomination, and I look forward to answering any questions
you and the Committee may have.
Thank you.
[The prepared statement and biographical information of Mr.
DiClemente follows:]

Prepared Statement of Albert A. DiClemente, Director-Designate,
Amtrak Board of Directors
Thank you, Mr. Chairman.
This nomination represents an enormous honor to me, and I am very
appreciative and grateful for the opportunity to be considered to serve
on the Amtrak board. I want to thank the President--my friend and
former boss, Vice President Biden--Chairman Rockefeller, Ranking Member
Hutchison, the distinguished members of this committee--and of course
my family for all their support and encouragement throughout this
process.
Mr. Chairman, I am a believer in the critical role that Amtrak
plays in the national transportation fabric of our country. I am also
fully aware of the importance of Amtrak in my home state of Delaware,
where a number of key Amtrak facilities currently reside. I am hoping
for and looking forward to the opportunity to work with the 19,000 men
and women who are currently part of the Amtrak family.
Over the years, I have had the pleasure of meeting a number of
those employees. I met them while working for then, Senator Biden,
during our regular trips to the Amtrak shops in Wilmington, Delaware. I
also recall as a small boy, meeting many of them, when I would go to
the Wilmington shops to meet my dad. My father worked for railroads his
whole life, and retired from Amtrak in 1976. He was a master blacksmith
and welder, and took great pride in his work--as did the other craft
members in the Wilmington shops. I was always struck by their
camaraderie and their commitment to the very difficult and demanding
work at hand. It was not just because of the money or the working
conditions, which were spartan at best, but rather the commitment they
had to the mission of safe and reliable travel for their fellow
Americans--and a commitment to one another. They were a family, Mr.
Chairman--part of the Amtrak family. They looked after one another from
a safety perspective, and believed in each other from a mission
standpoint.
Mr. Chairman, I would welcome the opportunity to work with these
dedicated women and men of Amtrak. I believe to the core of my being
that Amtrak's best days lie ahead of us. There is much work that needs
to be done to meet these challenges and I am honored to have the
opportunity to be part of the team that will face those challenges and
help lead Amtrak as a world class transportation system.
Mr. Chairman, Amtrak has always held a special place in my heart,
and indeed, is part of my DNA. I am looking forward to being of service
to the mission of Amtrak, and, if confirmed, I would welcome the
opportunity to serve on the Board.
Thank you, Mr. Chairman, for your time and consideration of my
nomination and I look forward to answering any questions you and the
Committee may have.
______

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

Albert A. DiClemente.

Nickname--Bert.

2. Position to which nominated: Director, National Railroad
Passenger Corporation.
3. Date of Nomination: November 10, 2009.
4. Address (list current place of residence and office addresses):

Residence: Information not released to the public.

Office: 1007 N. Orange Street, Suite 100, Wilmington, DE 19801.

5. Date and Place of Birth: July 12, 1944; Philadelphia, PA.
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).

Elizabeth J. DiClemente--spouse--retired, RN.

Children: Matthew R. DiClemente--39 years old; Brett A.
DiClemente--37 years old; Ryan L. DiClemente--32 years old.

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

University of Delaware--1967--BA in Political Science.

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.

1967-1970--Reliance Insurance Company--Management Trainee
Program.

1970-1977--Patterson Schwartz & Associates--opened and managed
a new real estate brokerage office in Newark, DE.

1977-1997--United States Senator Joseph R. Biden Jr.--State
Director. Managed the Delaware operations which consisted of 3
offices throughout the state. Responsible for both the issues
and the politics of concern to the state of Delaware.

1997-1998--Jackson Cross & Associates--Associate Director--
Commercial Real Estate, brokerage division (Acquired by
Insignia/ESG).

1998-2003--Insignia/ESG--Director--Commercial Real Estate,
brokerage division (Acquired by CB Richard Ellis, Inc.).

2003-Present--Vice President CB Richard Ellis, Inc.--Commercial
Real Estate, brokerage division. Work with major corporations
in the tri-state region to help solve their commercial real
estate needs.

Former member of the United Way--cabinet member.

Former member of the Wilmington Rotary.

Former National Committeeman for the Democratic Party of
Delaware.

Former member of Salesianum School Development Committee.

Former member of the Board of Directors of Community Housing
Inc.

Member of the Board of Directors of Cavaliers Country Club

Member of the Board of Directors of the Commercial Industrial
Realty Council (CIRC).

Member of the Board of Directors of the Bethel Temple Community
Development Fund.

Member of the Board of Directors of the Columbus Day Breakfast.

Member of the Society of Industrial and Office Realtors (SIOR).

13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt.
I was elected by the Delaware Democratic Party to serve as their
National Committeeman for the State of Delaware. There was neither a
campaign, nor funds raised. I served in that capacity from 2000-2004.
14. Itemize all political contributions to any individual, campaign
organization, political Party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period.
I served as the Delaware National Committeeman from 2000-2004.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals and any other special recognition
for outstanding service or achievements: N/A.
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed: N/A.
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony: N/A.
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
Amtrak is an important component in the state of Delaware's work
force, and as such, while serving as Senator Biden's State Director, we
were very responsive to the needs and growth of this entity. Amtrak is
an under utilized resource that needs to be expanded and modernized to
meet the demands of the new century. I have met with and worked with
the local Amtrak leadership in Delaware, and I would welcome that
opportunity to do so on a national basis.
Additionally, my father spent his entire career working for the
railroads, so I feel like I have grown up with the railroad, and have
great respect and appreciation for their mission.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
Long-range strategic direction and oversight should be the mission
of the Board. While working for 20 years with then Senator Joseph R.
Biden, Jr., we would regularly meet with and assist major corporations
throughout our state. Additionally, in my current assignment as vice
president with the real estate corporation CB Richard Ellis, I work
with major corporations on a regular basis and assist them in solving
problems.
20. What do you believe to be the top three challenges facing the
department/agency, and why?

(1) Continue modernization of the Amtrak fleet requiring a 21st
century rail service throughout the United States.

(2) expand the rail service that is presently in the northeast
corridor to other Major metropolitan areas from the mid West to
the far West.

(3) Bring quality service within budget throughout the system
while ensuring environmental safeguards.
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.

IRA account through CB Richard Ellis.

IRA account through Christiana Care--(spouse).

Assorted investment opportunities through Waveland Venture
Capital Civil Service Retirement.

2. Do you have any commitments or agreements, formal or informal,
to maintain Employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain.
In accordance with the terms of the ethics agreement that I have
entered into with Amtrak's designated agency ethics official and that
has been provided to this Committee, I will continue to be employed
with CB Richard Ellis, in the commercial brokerage division, where I
currently have the title of Vice President.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and Amtrak's ethics official to
identify potential conflicts of interest. Any potential conflicts of
interest will be resolved in accordance with the terms of an ethics
agreement that I have entered into with the Department's designated
agency ethics official and that has been provided to this Committee. I
am not aware of any other potential conflicts of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and Amtrak's ethics official to
identify potential conflicts of interest. Any potential conflicts of
interest will be resolved in accordance with the terms of an ethics
agreement that I have entered into with the Department's designated
agency ethics official and that has been provided to this Committee. I
am not aware of any other potential conflicts of interest.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy: N/A.
6. Explain how you will resolve any potential conflict of interest,
including any that may Be disclosed by your responses to the above
items.
Any potential conflicts of interest will be resolved in accordance
with the terms of an ethics agreement that I have entered into with the
Amtrak's designated ethics official and that has been provided to this
Committee. I am not aware of any other potential conflicts of interest.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain.
I was a named party in a suit between Synthes USA and CB Richard
Ellis, Inc. that was resolved in January of 2009, with a Stipulation of
Dismissal of Claims. An out of court settlement was agreed to, on a
matter involving the Coastal Zone Act in Delaware. I was named in this
suit in my official capacity only. I had no personal involvement in the
litigation, which was handled by CB Richard Ellis.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain: No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain.
No--other than noted above in C-1.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) or 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.
N/A.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______

resume of albert (bert) a. diclemente
Professional Experience
CB Richard Ellis, Inc., Wilmington, DE 19801--Vice President,
Commercial Real Estate Broker--2003-Present.

Insignia/ESG, Wilmington, DE 19801--Director--1998-2003. (Acquired
by CB Richard Ellis, Inc.).

Jackson Cross & Associates, Wilm., DE 19801--Associate Director--
1997-1998. (Acquired by Insignia/ESG).

Responsible for leasing and selling of commercial real estate;
Society of Industrial and Office Realtors (SIOR) dual designation
Industrial and Office Real Estate; represents a number of national
Fortune 500 Companies as well as prominent regional and local
institutions.

Former United States Senator Joseph R. Biden, Jr.,--Wilmington, DE
19801--State Director--1977-1997.

Responsible for three statewide senate offices; senior staff
advisor on all issues and policies related to Delaware's interests;
represented Senator Biden at numerous political, civic, and social
functions; worked on behalf of Delaware citizens and corporations to
resolve problems or disputes with Federal, state, county, and city
agencies.

Patterson Schwartz & Associates, Newark, DE 19711--Manager, Real
Estate Broker--1970-1977.

Responsible for establishing a new office in Newark, DE and
managing sales force.
Education
University of Delaware, Newark, DE.

Bachelor of Arts Degree in Political Science.

Society of Industrial and Office Realtors (SIOR) Commercial Real
Estate Certification.

Graduate of the Real Estate Institute, (G.R.I.) Residential Real
Estate Certification.
Professional/Community Affiliations
Licensed Real Estate Broker in Delaware, Pennsylvania, and
Maryland.

United Way of Delaware, former Cabinet Member.

National Committeeman for Democratic Party of Delaware, former
Member.

Wilmington Rotary, former Member.

Board of Directors Member of Commercial Industrial Realty Council.

Board of Directors Cavaliers Country Club.

Board of Directors Bethel Temple Community Development Corp.

Board of Directors Salesianum Development Fund, former Member.
Board of Directors Community Housing, Inc., former Member.

Senator Lautenberg. Thank you.
And Dr. Rosekind?

STATEMENT OF MARK R. ROSEKIND, MEMBER-DESIGNATE, NATIONAL
TRANSPORTATION SAFETY BOARD

Dr. Rosekind. Thank you.
Senator Lautenberg, Chairman Rockefeller, Ranking Member
Hutchison, and members of the Committee, I am honored to speak
with you today and appreciate the opportunity to make a few
comments about the NTSB and to address any questions that you
may have.
First, I would like to thank President Obama for nominating
me to be a Member of the National Transportation Safety Board.
Before I begin, please let me introduce some special people
that are joining us today--my wife, Dr. Debra Babcock, who is a
Pediatrician in the San Francisco Bay area, is joining us. And
viewing in California are my son, Aaron; my daughter, Eve; my
mother, Marilyn Rosekind; and my mother-in-law, Lila Babcock.
I also would like to thank the other colleagues and friends
who have joined us today, especially those from the NTSB,
including Chairman Hersman.
The primary mission of the NTSB is to enhance
transportation safety, which touches everyone's life in some
way and provides an invaluable contribution to the American
people. Today, the NTSB is challenged by an ever-changing
world. Global, around-the-clock transportation demands continue
to increase, operations change to meet these demands, and
technology rapidly advances.
Given these ongoing changes in the transportation system,
it is critical that the NTSB continually evolves and enhances
its knowledge, capabilities, and expertise. Chairman Hersman
has already provided a vision and initiated actions that
acknowledge these issues. She has challenged the men and women
of the NTSB to ``raise the bar'' and specifically has
identified transparency, accountability, and integrity as
initial areas for action.
It is important to all Americans that the NTSB remains a
leading edge resource in its never-ending responsibility to
enhance transportation safety. If confirmed, I look forward to
collaboration with the NTSB's outstanding professionals to
pursue every avenue possible to improve the agency's
effectiveness and value.
The classic description of the NTSB is that it is the
premier accident investigation and recommendation agency in the
world. For more than 40 years, this world-class reputation has
been built upon the NTSB's hard work to reach meaningful
outcomes and consistently exceed its mission objectives.
In my interactions with the NTSB over the past 15 years, it
is clear that like any great institution, the men and women who
comprise the agency's extraordinary staff are the core of its
success. Every day, these 400 professionals pursue their work
and their passion to enhance transportation safety. They are
truly the heart and soul of the agency.
They understand the unique role of the NTSB as an
independent agency. They understand the unique role of the NTSB
as an independent and nonregulatory agency tasked with
enhancing transportation safety through meticulous
investigations, fact-based and thoughtful recommendations, and
the strategic use of its other available tools.
The NTSB's success in achieving its mission is meaningful
far beyond its findings and recommendations. Its efforts
translate into highly critical and personal terms, the
opportunity to prevent injuries and save lives. It is this
objective that drives the men and women of the NTSB to pursue
and achieve their mission.
Recently, the Board's professionals voted it as one of the
best places in Government to work. Obviously, for many,
contributing to the NTSB's mission is their dream job. If
allowed to serve as a member on the NTSB, I, too, will have
achieved my dream job.
My own passion has been to study human fatigue and apply
scientific knowledge to improve performance and safety in
diverse settings, including all modes of transportation.
Fatigue has been on the NTSB's Most Wanted List since the list
was created in 1990. Clearly, over the years, the NTSB's
findings and my professional endeavors have led us to the same
conclusion--that effectively managing fatigue is a critical
factor in human performance and transportation safety.
If confirmed, I pledge to President Obama, this Senate
committee, Congress, the men and women of the NTSB, and, most
importantly, the American people that I will contribute all of
my energy, knowledge, and expertise to further enhance
transportation safety. If permitted to serve as a Member of the
National Transportation Safety Board, it would be a tremendous
professional and personal honor to contribute in any way
possible to the vital mission of this invaluable agency.
Thank you, and I would be pleased to address any questions.
[The prepared statement and biographical information of Dr.
Rosekind follows:]

Prepared Statement by Mark R. Rosekind, Member-Designate,
National Transportation Safety Board
Chairman Rockefeller, Ranking Member Hutchison, and members of the
Committee, I am honored to speak with you today and appreciate the
opportunity to make a few comments about the NTSB and to address any
questions that you may have. First, I would like to thank President
Obama for nominating me to be a Member of the National Transportation
Safety Board (NTSB).
Before I begin, please let me introduce some special people joining
us today: my wife, Dr. Debra Babcock, and viewing in California are my
son, Aaron; my daughter, Eve; my mother, Marilyn Rosekind; and my
mother-in-law, Lila Babcock. I also would like to thank the other
colleagues and friends who have joined us today, including those from
the NTSB.
The primary mission of the NTSB is to enhance transportation
safety, which touches everyone's life in some way and provides an
invaluable contribution to the American people. Today, the NTSB is
challenged by an ever-changing world: global, around-the-clock
transportation demands continue to increase, operations change to meet
these demands, and technology rapidly advances. Given these ongoing
changes in the transportation system, it is critical that the NTSB
continually evolves and enhances its knowledge, capabilities, and
expertise. Chairman Hersman has already provided a vision and initiated
actions that acknowledge these issues. She has challenged the men and
women of the NTSB to ``raise the bar'' and has specifically identified
transparency, accountability, and integrity as initial areas for
action. It is important to all Americans that the NTSB remains a
leading-edge resource in its never-ending responsibility to enhance
transportation safety. If confirmed, I look forward to collaboration
with the NTSB's outstanding professionals to pursue every avenue
possible to improve the Agency's effectiveness and value.
The classic description of the NTSB is that it is `the premier
accident investigation and recommendation agency in the world.' For
more than 40 years, this world-class reputation has been built upon the
NTSB's hard work, to reach meaningful outcomes and consistently exceed
its mission objectives. In my interactions with the NTSB over the past
15 years, it is clear that like any great institution, the men and
women who comprise the agency's extraordinary staff are the core of its
success. Every day, these 400 professionals pursue their work and their
passion to enhance transportation safety; they are truly the heart and
soul of the agency. They understand the unique role of the NTSB as an
independent and non-regulatory agency tasked with enhancing
transportation safety through meticulous investigations, fact-based and
thoughtful recommendations, and the strategic use of its other
available tools. The NTSB's success in achieving its mission is
meaningful far beyond its findings and recommendations; its efforts
translate into highly critical and personal terms: the opportunity to
prevent injuries and save lives. It is this objective that drives the
men and women of the NTSB to pursue and achieve their mission.
Recently, the Board's professionals voted it as one of the best places
in government to work; obviously, for many, contributing to the NTSB's
mission is their ``dream job.''
If allowed to serve as a Member on the NTSB, I too will have
achieved my ``dream job.'' My own passion has been to study human
fatigue and apply scientific knowledge to improve performance and
safety in diverse settings, including all modes of transportation.
Fatigue has been on the NTSB's Most Wanted List since its inception in
1990. Clearly, over the years the NTSB's findings and my professional
endeavors have led us to the same conclusion: that effectively managing
fatigue is a critical factor in human performance and transportation
safety.
If confirmed, I pledge to President Obama, this Senate Committee,
Congress, the men and women of the NTSB, and, most importantly, the
American people that I will contribute all of my energy, knowledge, and
expertise to further enhance transportation safety. If permitted to
serve as a Member of the National Transportation Safety Board, it will
be a tremendous professional and personal honor to contribute in any
way possible to the vital mission of this invaluable agency.
Thank you and I would be pleased to address any questions.
______

a. biographical information
1. Name (Include any former names or nicknames used): Mark Ralph
Rosekind.
2. Position to which nominated: Member, National Transportation
Safety Board.
3. Date of Nomination: October 1, 2009.
4. Address (List current place of residence and office addresses):

Residence: Information not released to the public.

Office: Alertness Solutions, 1601 S. De Anza Blvd., Ste. 200
Cupertino, CA 95014.

5. Date and Place of Birth: February 1, 1955; San Francisco, CA.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).

Spouse: Debra A. Babcock, M.D. (pediatrician), Altos
Pediatrics, Los Altos, CA; children: son--Aaron A. Rosekind (22
years old); daughter: Eve M. Rosekind (15 years old).

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

A.B., Stanford University, Stanford, CA, 1977.

M.S., Yale University, New Haven, CT, 1982.

M.Phil., Yale University, New Haven, CT, 1983.

Ph.D., Yale University, New Haven, CT, 1987.

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

Research Director, Sleep Research Facility and Chief, Drug
Evaluation Program, Stanford Sleep Disorders Clinic and
Research Center, Department of Psychiatry, Stanford University
School of Medicine, 1977--1979.

Research Coordinator, Yale Psychophysiology Center, Department
of Psychology, Yale University, 1982-1984.

Director, Sleep Laboratory, Yale Psychophysiology Center,
Department of Psychology, Yale University, 1982-1987.

Director, Center for Human Sleep Research, Stanford Sleep
Disorders Center and Research Associate, Department of
Psychiatry, Stanford University School of Medicine, 1989--1990.

Research Scientist and Team Leader, Fatigue Countermeasures
Program, Aviation Safety Research Branch, Flight Management and
Human Factors Division, NASA Ames Research Center, Moffett
Field, CA. December 1990-November 1997.

Chief, Aviation Operations Branch, Flight Management and Human
Factors Division, NASA Ames Research Center, Moffett Field, CA.
January, 1996--April, 1997.

President and Chief Scientist, Alertness Solutions, Cupertino,
CA, 1997-present.

Provide consultation on fatigue factors in accident
investigations and resource for current fatigue-related
scientific research to National Transportation Safety Board
(NTSB) staff. 1998-present.

Co-developed and co-teach a two-day NTSB Training Center course
on examining fatigue factors in an accident investigation.
2004-present.

Board Member, National Scientific Advisory Board, Patient
Safety Center of Inquiry, Palo Alto Veterans Administration
Health Center, Palo Alto, CA, 1998-present.

Board Member, National Sleep Foundation, 2000-2007.

Member, Executive Council, Harvard Division of Sleep Medicine,
2001-2006.

Scientific Advisory Board Member, Air Force Office of
Scientific Research, PRET Center on Countermeasures for Jet Lag
and Sleep Deprivation. Principal Scientific Investigators: Dr.
David Dinges, University of Pennsylvania, Dr. Charles Czeisler,
Harvard University, and Dr. Dale Edgar, Stanford University,
1998-2005.

Advisory Board, School of Sleep Medicine, Palo Alto, CA. 1990-
present.

Member, Flight Safety Foundation Corporate Advisory Committee,
1996-2006.

Member, American Transportation Research Institute Research
Advisory Committee, 2001-2004.

Chairman, Alertness Management Initiative Scientific Advisory
Board, Air Transport Association, 2000-2005.

Board Member, Los Altos Educational Foundation, Los Altos, CA,
1997-2004.

Board of Trustees, Menlo School, Atherton, CA, 2007-present.

President/Owner, Alertness Solutions, 1997-present.

Member, Sleep Research Society, 1977-present (no restrictions).

Member, Aerospace Medical Association, 1992-present (no
restrictions).

Member, Aerospace Medical Association, Aerospace Human Factors
Association, 1993-present (no restrictions).

Member, International Brotherhood of Magicians, 1974-present
(no restrictions).

Honorary Life Member, The Magic Castle, 1993-present (no
restrictions).

Member, Fremont Hills Country Club, 1999-2007 (no
restrictions).

13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt: No.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period: None.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.

Sigma Xi (The Scientific Research Society).

A.B., Honors in Psychology, Stanford University, 1977.

Yale University Fellowship, 1980-1983.

Prize Teaching Fellowship, Yale University, 1983-1984.

NASA Ames Honor Award for Excellence in the category of Group,
1992.

NASA Group Achievement Award, 1993.

Honorary Life Member, Academy of Magical Arts, Magic Castle,
1993.

NASA Exceptional Service Medal, 1995.

Flight Safety Foundation Presidential Citation for Outstanding
Safety Leadership, 1997.

Flight Safety Foundation Business Aviation Meritorious Award,
1999.

Fellow, World Economic Forum, Annual Meeting, Davos,
Switzerland, 1999, 2000.

NASA Ames Honor Award for Excellence in the category of Group/
Team, 2003.

NASA Turning Goals into Reality (TGIR), Exceptional Progress
Toward Support of MER Ups, Office of Aerospace Technology,
2003.

NASA Headquarters Award for Group Achievement for the Mars
Exploration Rover Mission System Development Team, 2004.

William E. Collins Award, Outstanding Human Factors Publication
of the Year, Aerospace Human Factors Association, 2007.

16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
[These lists are retained in the Committee's files.]
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
Hearing on: Federal Railroad Administration Reauthorization: Human
Factors Issues. Testimony provided to Committee on Transportation and
Infrastructure, Committee on Transportation, U.S. House of
Representatives, Subcommittee on Railroads, Washington, D.C., April 29,
1998.
Managing Fatigue in Transportation: No Magic Bullet. Hearing on:
Fatigue and Its Safety Effects on the Commercial Motor Vehicle and
Railroad Industries, U.S. Senate, Committee on Commerce, Science, and
Transportation, Subcommittee on Surface Transportation and Merchant
Marine, Washington, D.C., September 16, 1998.
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?

Fatigue and human factors expertise--Fatigue has been on the NTSB
Most Wanted List since its inception and will remain a complex and
challenging transportation issue in all modes. My internationally
recognized expertise in human fatigue spans diverse scientific,
investigation, policy, education, countermeasures, and applied areas.
For 15 years, my collaborations with the NTSB have included Co-chairing
the first multi-modal symposium on fatigue in transportation,
developing a scientifically-based structured approach to examining
fatigue factors in accident investigations, co-teaching an NTSB course
on determining the role of fatigue in accidents, and providing ongoing
support and input to fatigue related issues. Current accidents continue
to highlight the ongoing and dangerous role that fatigue plays in
transportation accidents. There is the opportunity for me to contribute
my expertise directly, immediately, and substantially to NTSB efforts
related to fatigue.

Human factors remain a cause of transportation accidents and will
continue to contribute significantly in all modes. Beginning at NASA,
my interests and expertise have expanded to include diverse human
factors issues, including performance, automation and technology,
education and training, human-machine interactions, and operational
systems. As Chief of a human factors branch at NASA, there was the
opportunity to guide and advance basic and applied efforts to
understand the role of human factors in transportation operations. This
is another area where my expertise can contribute immediately and in a
substantial manner to the well-established and excellent human
performance efforts already ongoing at the NTSB.

Scientific training and experience--Conducting excellent science
parallels an accident investigation (the core of the NTSB's mission and
activities): generate hypotheses, collect and analyze data, interpret
findings, and apply the results. With 30 years of scientific
experience, my proven skills and expertise fit directly into the NTSB's
objectives and can contribute immediately to the Board's efforts. My
academic/scientific experience also provides a complementary
perspective, network, and approach that can add to the current
engineering and investigation strengths already well established at the
NTSB. My scientific experience and specific fatigue/human factors
expertise can provide significant and meaningful contributions to a
broad range of NTSB activities.

Another parallel between my scientific expertise and the Board's
activities is that they both require, and are based on, using a
neutral, objective, and independent approach. This approach is a
critical foundation to ensure the most accurate and useful findings
will become the basis of subsequent recommendations.

Academic/NASA/real-world application experience--My career has
benefited tremendously from conducting scientific research in premier
academic institutions, leading an internationally recognized NASA
program that integrated research and application, and providing real-
world solutions to challenging fatigue issues in diverse 24/7
operational settings all over the world. These diverse experiences have
provided a unique opportunity to hone an integrated scientifically
based expertise that has been informed and challenged by addressing
complex real-world issues. The combination of experience and knowledge
gained through these different perspectives and activities has provided
a unique set of skills and expertise that can contribute to many
diverse NTSB efforts.

Multi-modal experience--Fatigue and human factors issues cross all
modes of transportation. Therefore, my expertise has been relevant and
applied in diverse 24/7 operational settings all over the world and in
all modes of transportation. This has provided an opportunity for me to
learn about, and work in, all transportation modes with exposure to the
similarities and significant differences across modes. While there is a
significant NTSB emphasis on aviation (a specific area of expertise
initiated during my NASA years), the Safety Board is charged with
accident investigations in all modes of transportation. My experiences
in highway/trucking, rail, marine, pipeline and aviation provide a
broad multi-modal perspective that will add further to the
contributions that I can make to NTSB activities.

Greatest opportunity to enhance transportation safety--The classic
statement used to describe the NTSB is: `The NTSB is the premier
accident investigation and recommendation organization in the world'.
The NTSB has earned this reputation through extremely hard work and the
expertise of a dedicated, outstanding staff that maintains its
independence and addresses the most complex challenges in
transportation safety. The NTSB operates in a unique situation allowing
it to confront highly technical and very human issues all in the
pursuit of the most valuable objective: to enhance transportation
safety, which translates into saving lives and reducing injuries. There
is no greater opportunity to benefit and enhance transportation safety
than through the efforts of the NTSB. My entire career has been focused
on human performance and safety and the ultimate opportunity to
contribute my knowledge and expertise to improve transportation safety
is as a Member of the NTSB. It would be a tremendous honor and
privilege to serve President Obama, the Senate Commerce, Science, and
Transportation Committee, the Congress and, most importantly, the
American people to ensure that the U.S. transportation system maintains
the highest level of safety.

19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
If confirmed, I will fully support the Chairman and others to
ensure that the NTSB has proper management and accounting controls in
place and functioning effectively. My experience portrayed in Question
#8 will be contributed however needed.
20. What do you believe to be the top three challenges facing the
department/agency, and why?

1. Maintain and enhance excellence--Transportation operations
will continue to evolve and will require a parallel evolution
in the approach, expertise, and outcomes of the NTSB. Societal
demand and transportation needs will continually change to meet
the varied requirements of our 24/7 global society. Operations
will evolve to meet the changing transportation demands and
there will be continuing technological advancements. Together,
changing demand, operations, and technology, will require that
the NTSB evolve to maintain its established excellence in
accident investigation and providing recommendations. This will
involve an ongoing effort to maintain knowledge, expertise, and
resources to address these changes and their role in
transportation safety and accidents. Clearly, the critical work
of the NTSB will never be done: there always will be the need
to determine the causes of accidents in an evolving
transportation system and to provide recommendations to reduce
or eliminate future occurrences. Therefore, beyond just
``maintaining'' its established excellence, the NTSB will be
challenged to evolve and enhance its expertise to match and
exceed the complexities of an ever-changing transportation
system.

2. Recommendations must lead to action--There are two
complementary and critical elements of the NTSB's most basic
mission: (1) to investigate the causes of transportation
accidents and (2) to provide recommendations to address the
probable cause and contributing factors. Over 80 percent of
NTSB recommendations have been enacted and represent tangible,
meaningful changes that enhance transportation safety. However,
almost 20 percent of NTSB recommendations remain open or with
unsatisfactory actions. In real terms, the NTSB has made over
12,000 safety recommendations since its creation and therefore,
about 2,400 recommendations have not been satisfactorily
addressed.

Therefore, an ongoing challenge for the NTSB is to see that
safety recommendations lead to action. Given the NTSB's role in
investigation and making recommendations, it is the
responsibility of other parties to enact its recommendations.
The NTSB ``Most Wanted'' List, providing visibility for ongoing
safety issues, and tracking open actions are some examples of
strategies and tools that emphasize the importance of action.
However, building on these efforts and expanding into new,
innovative approaches that encourage the enactment of NTSB
recommendations will further enhance transportation safety and
the value of NTSB investigations and recommendations.

3. Prevention--An important outcome of NTSB investigations is
to identify the probable cause and contributing factors in an
accident with the objective to provide recommendations that can
prevent the event from reoccurring. While understanding the
causal and contributing factors is important, the
recommendations are critical for actions to be undertaken.
Prevention is the intended outcome of making recommendations
and enacting changes that will improve transportation safety.

An interesting challenge for the NTSB identified previously is
to enhance efforts that encourage enactment of NTSB
recommendations. However, the NTSB also conducts safety
studies, holds hearings, and issues safety warnings as other
mechanisms to identify and recommend changes to improve
transportation safety. Building on current NTSB activities and
approaches, new efforts that promote prevention can be explored
and tested to evaluate their effectiveness. Based on the NTSB's
strong foundation of current and successful efforts on
prevention, there may be opportunities to expand activities
that will enhance the use and value of NTSB findings (from all
of its activities). An expanded focus and effort on prevention
activities could significantly multiply the implementation of
recommendations and actions, all with the intent of reducing
accidents and enhancing transportation safety.
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, deferred compensation agreements
or other continuing dealings with business associates, clients or
customers. The 401(k) retirement program that I have established
through my consulting business, Alertness Solutions, Inc., consists of
my own investments in bond funds and mutual funds that are listed on my
SF-278.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain: No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the NTSB's designated agency ethics
official to identify potential conflicts of interest. Any potential
conflicts of interest will be resolved in accordance with the terms of
an ethics agreement that I have entered into with the NTSB `s
designated agency ethics official and that has been provided to this
Committee. I am not aware of any other potential conflicts of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the NTSB's designated agency ethics
official to identify potential conflicts of interest. Any potential
conflicts of interest will be resolved in accordance with the terms of
an ethics agreement that I have entered into with the NTSB's designated
agency ethics official and that has been provided to this Committee. I
am not aware of any other potential conflicts of interest.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy: None.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
Any potential conflicts of interest will be resolved in accordance
with the terms of an ethics agreement that I have entered into with the
NTSB's designated agency ethics official and that has been provided to
this Committee. I am not aware of any other potential conflicts of
interest.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain: No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain: No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain.
In 2001, I was named as a defendant in a patent lawsuit against the
Stanford sleep center, where I worked. There was no complaint of
personal wrongdoing on my part. I had no involvement in the litigation,
which was handled by Stanford University, and I am not aware of the
disposition of the suit.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain: No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______

resume of mark r. rosekind, ph.d.
Education
A.B., Psychology, Stanford University, Stanford, CA, 1977.

M.S., Psychology (Psychophysiology/Clinical), Yale University, New
Haven, CT, 1982.

MPhil., Psychology (Psychophysiology/Clinical), Yale University,
New Haven, CT, 1983.

Ph.D., Psychology (Psychophysiology/Clinical), Yale University, New
Haven, CT, 1987.
Current Position
President and Chief Scientist, Alertness Solutions, Cupertino, CA,
1997-present.
Previous Nasa Positions
Research Scientist and Team Leader, Fatigue Countermeasures
Program, Aviation Safety.

Research Branch, Flight Management and Human Factors Division, NASA
Ames.

Research Center, Moffett Field, CA. December, 1990 November, 1997.

Chief, Aviation Operations Branch, Flight Management and Human
Factors Division, NASA Ames Research Center, Moffett Field, CA.
January, 1996-April, 1997.
Honors and Awards
Sigma Xi.

A.B., Honors in Psychology, Stanford University, 1977.

Yale University Fellowship, 1980-1983.

Prize Teaching Fellowship, Yale University, 1983-1984.

NASA Ames Honor Award for Excellence in the category of Group,
1992.

NASA Group Achievement Award, 1993.

Honorary Life Member, Academy of Magical Arts, Magic Castle, 1993.

NASA Exceptional Service Medal, 1995.

Flight Safety Foundation Presidential Citation for Outstanding
Safety Leadership, 1997.

Flight Safety Foundation Business Aviation Meritorious Award, 1999.

Fellow, World Economic Forum Annual Meeting, Davos, Switzerland,
1999, 2000.

NASA Ames Honor Award for Excellence in the category of Group/Team,
2003.

NASA Turning Goals into Reality (TGIR) Exceptional Progress Toward
Support of MER Ops, Office of Aerospace Technology, 2003.

NASA Headquarters Award for Group Achievement for the Mars
Exploration Rover Mission System Development Team, 2004.

William E. Collins Award, Outstanding Human Factors Publication of
the Year, Aerospace Human Factors Association, 2007.
Academic Appointments
Lecturer, Departments of Psychology and Psychiatry, Yale University
and Yale University School of Medicine, 1986-1987.

Research Associate, Department of Psychiatry, Stanford University
School of Medicine, 1989-1990.

Research Associate, Stanford Center of Excellence, Department of
Psychology, Stanford University, 1990.

Acting Assistant Professor, Department of Human Biology, Stanford
University, January-March, 1993-1995.
Professional Training
Predoctoral Clinical Fellowship, Department of Psychiatry, Yale
University School of Medicine and Yale-New Haven Hospital, July, 1984-
June, 1985.

Research Fellowship in Sleep and Chronobiology, E.P. Bradley
Hospital, Department of Psychiatry and Human Behavior, Brown University
Program in Medicine, 1987-1989.
Editorial Activities
Ad Hoc Reviewer: Psychophysiology; Health Psychology; American
Journal of Diseases of Children; Psychiatric Research; Pediatrics; EEG
Journal; Plenum Press; Sleep; Sleep Research; Journal of the American
Geriatrics Society; Psychological Bulletin; Aviation Space and
Environmental Medicine.

Editorial Board, Journal of Sleep and Sleep Disorders Research,
January, 2004-present.
Professional Affiliations
Sleep Research Society

Aerospace Medical Association (AsMA)

AsMA Human Factors Association

Senator Lautenberg. Thank you, every one of you, for your
excellent testimony and your wish to make a contribution.
Knowing what I do about the Amtrak nominees, I am convinced
that you have the desire to make a difference. I assume, Dr.
Rosekind, with you, that as you described the value of the
agency, that you are all committed to making a welcome
contribution to how we function.
To Mr. Coscia and Mr. DiClemente, I ask you each the same
question for the moment. A recent report that studied high-
speed rail in France and Japan and Spain, the GAO found that
these countries committed significant Government support for
their high-speed rail system. But we are different in this
country, and every year, we have got a routine where you have
to fight for just enough funds to keep Amtrak afloat.
And it has been tough over the years. This has been an area
of great interest to me because of the deficiencies that exist
for not having done it for so many years. I think it is fairly
easy to say that there would be a lot of difference in the
congestion that we see in the other modes of travel if we had
made the investments at a reasonable time and level.
I was struck by the fact that Germany at one point
committed $70 billion over a 10-year period to build their
high-speed system, and they got on with it and did it. And year
after year, since the 1970s, when this became a quasi-
Government corporation, we had to beg and borrow, and I am not
sure what the total commitment that has been made, but I think
that over the years, it hasn't equaled $1 billion a year.
So because of this, we look at how we can get to the high-
speed passenger rail system. Now I don't want you to be put in
a position at your introduction to the Senate that you are
going to be asking for more money, but apart from your specific
suggestion, your specific role in finding how we get these
systems up and running that come close to matching those that
are some of the most efficient high-speed systems in other
countries?
Tony?
Mr. Coscia. Well, let me say at the outset that there is no
question that the role of a national passenger rail service is
clearly a fundamental part of any plan for a 21st century
transportation system. There are many historic reasons why in
the past decades resources may not have been put into building
a national rail system that is comparable to the systems that
you referenced in Europe. But I think there is a recognition
that that kind of an integrated national rail system that
throughout the country provides rail options for passengers for
those distances traveled where rail makes the most sense is
clearly something that is important.
And even in a time of strained resources, I think people
will recognize that investment in rail is, in fact, an
investment in a modern transportation system that will pay
dividends in the form of a more efficient economy for sure. I
think our role as directors will clearly have to be taking the
resources that we are given and ensuring that they are spent as
wisely as possible. Because in order to build a national
consensus around putting more resources into this, one of the
challenges that I think Amtrak will need to face is the ability
to demonstrate that the resources it is provided are invested
efficiently and invested wisely.
And in that kind of a context, I am hopeful that there will
be a broader national consensus around the notion of investing
more heavily in building transportation systems that are, in
fact, truly national in coverage and that provide the kind of
services of some of the systems you have mentioned in other
parts of the world.
Senator Lautenberg. Thanks. The question asked really is
kind of tongue-in-cheek because we have seen the things that
can be done where the investments are made. And if you look at
what we spend on rail and look at what we spend to subsidize
aviation, they are good investments. But it tells you what can
happen.
Even with that, we are overwhelmed by the traffic needs in
aviation, on highways, and rail is the most laggard of them
all. I was handed a note, and my rough calculation was almost
accurate. That is, since 1971, we have spent $33 billion on
Amtrak, which is less, far less than a billion a year. And
thus, we have paid the price for it.
We have equipment that definitely needs upgrade. We have
track that needs upgrade. We have signals that need upgrades.
We have bridges that need upgrades. And we have got to be
realistic about, unfortunately, how we are always competing for
other needs in the country. The size of the investment that we
have to make is significant. The returns would be enormous.
As you each know, the economy recovery law included $8
billion for high-speed rail. Foreign-owned manufacturers of
passenger cars and high-speed rail equipment are very
interested in competing for this new funding. I wonder what we
can do to encourage American companies to get into this high-
speed rail manufacturing market? The revenues derived could be
enormous and the opportunity for us to build and learn what to
do to satisfy the interests that lie around the country for
corridors that could so effectively use the equivalent of the
Northeast Corridor, whether it is places out of Chicago that
connect with St. Louis and Detroit or other cities around
those, around Texas.
I talked to Senator Hutchison about that for a moment. She
knows the value. If you go out West, you know that California
has been getting going on some high-speed corridors there. So
what do you think we can do, Tony?
Mr. Coscia. Well, I think that there is an enormous
opportunity around a renewed level of investment in passenger
rail, initially in high-speed rail as a new form of
transportation. The manufacturing sector in the United States
that services the rail equipment industry has, for the most
part, atrophied in the past 20 or 30 years. This gives us an
opportunity to create a whole new business around the
technology in developing new and modern rail equipment for a
new system to be built in this country, which would provide an
enormous economic development benefit in terms of those jobs
and those opportunities that are created around supporting that
business.
I think the thing that we can do to hasten the likelihood
of that happening is provide some level of assuredness and
stability to the fact that this program will, in fact, see its
way through. The foreign manufacturers that you refer to, and
there are many of them, rely on programs in other parts of the
world where there is an expectation that there will be
continual year-after-year investment. If we replicate that kind
of an atmosphere in this country, chances are that a
manufacturing sector would develop.
I know many of your colleagues in the Senate have spoken
about this. I know Senator Durbin has been a big advocate of
trying to develop around the rail industry, where manufacturing
jobs can be brought back into the United States through that
mechanism. That would clearly be something that Amtrak should
be very supportive of and be part of creating that kind of
stability.
Senator Lautenberg. I hope that we are going to demonstrate
our seriousness by moving the projects that we have underway
that relate directly not just to the Northeast Corridor, but
any of the corridors that we might be able to encourage
development. And I would love to see it happen.
Mr. DiClemente, do you have any particular views on what we
might do to stimulate the American investor, the business
people, to step up and say, hey, you know, if we do this and we
do a good job, there are all kinds of opportunities that
accompanies that. What do you think?
Mr. DiClemente. I agree with you, Senator. I think it is an
opportune time for us to take advantage with the diminishing
manufacturing base that we have and try and pump some life back
into that sector. I think there is a number of automobile
industry facilities that have gone down that would be ideal
scenarios for them to be utilized and taken advantage of from a
manufacturing perspective.
Maybe there are some set-asides for American companies.
Maybe there are some America-first opportunities. I think there
is a whole gamut of things that this board should be looking at
to try and ensure jobs and manufacturing opportunities to go
along with the improved rail system.
Senator Lautenberg. Dr. Rosekind, about 5,000 people a year
die from crashes involving large trucks. The NTSB estimates
that between 30 and 40 percent of these crashes involve
fatigue.
Now I know that you have experience in the understanding of
fatigue and what erratic sleep does. I almost invited you to
come over to my house, but the fact is that it is a serious
problem. How about the use of electronic onboard recorders?
Should they be mandated on all commercial vehicles, motor
vehicles, do you think, to keep fatigued drivers, tired drivers
off the road?
Dr. Rosekind. Advances in technology have made very
significant contributions to transportation safety. You can
think about cockpit voice recorders and positive train control,
but there are also many unintended consequences: think
distracted driving, for example.
I am very familiar with the issue not electronic onboard
recorders. I know that the NTSB has a recommendation that
advocates that, and I would look forward, if confirmed, to
learning all the factual information to form a more complete
opinion.
Senator Lautenberg. Thank you.
Earlier this year, Dr. Rosekind, Colgan Air Flight 3407
crashed in Buffalo and resulted in 50 fatalities. The captain
and first officer of the aircraft both commuted long distances
from their homes to their operating base in Newark, sleeping
very little before their scheduled shift.
Now has the airline industry done enough to ensure that
commercial air pilots are well rested, not flying under fatigue
conditions?
Dr. Rosekind. There is certainly more that needs to be
done, starting with the fact that the hours of service laws
were written in the 1930s and do not reflect the current
science. That is really the reason the NTSB's Most Wanted List
has identified fatigue as a critical element since 1990. So
there is no question that from policies to training to
scheduling practices, there is a a lot more that the entire
industry should be doing to address fatigue.
Senator Lautenberg. Yes, we also know that trainees are
often--and this is not something that you can help with
directly, except in your research when the occasion,
unfortunately, requires it. And there are very modest salaries
in the early years, and as a consequence, their people are
forced to take a second job. Second job, and travelling long
distances is a recipe for problems, and we don't want to see
that happen.
I will conclude with one question more, Senator Hutchison,
and that is to Mr. Coscia and Mr. DiClemente, about passenger
rail being more energy efficient, and having fewer emissions
than driving or flying. But passenger rail still lags behind
other modes in passenger miles, and Amtrak is operating at half
its capacity. What do you think we can do?
Maybe this would be redundant because we have already
discussed how can Amtrak increase its ridership? Have you had a
chance to think about that and get people attracted to going by
train and out of their cars, and I say this hesitatingly, but
out of the planes. Because one of the things that will relieve
congestion in the sky is making room for passengers who will
take the train and thereby permit us to operate more
efficiently with air schedules.
What do you think we might do, Tony?
Mr. Coscia. Well, I think it clearly is an issue, and I
think there has been a great deal of study to show that
Americans, for trips that are 500 miles or less, do still rely
on aviation and surface road transportation using their cars in
levels that clearly are not the most efficient.
And so, I guess there is a lot that I think I need to
understand about Amtrak operationally and clearly. That is not
a point I am at yet, but it would seem to me that a suggested
approach that would make a difference would be efforts that
Amtrak would take that would, in fact, create reliable service
that is offered in areas where it encompasses a sufficient
number of people who would use it as an alternative because it
is available. It is available with regular intervals, with
consistency, with reliability and, in fact, even having Amtrak
explore those routes that might have a better application for
rail that now are not serviced.
The system truly, if it is perceived to be national and
truly perceived to cover areas throughout the United States
where it could officially--efficiently gap those areas that are
in the 500-mile or less range, I think it would, in fact,
increase ridership substantially.
Senator Lautenberg. Do you want to comment?
Mr. DiClemente. Senator, I think we are on the cusp of
becoming a green society, and I think folks around the country
are going to be looking at Amtrak, and Amtrak should be making
a commitment to lead the way not only in terms of our service,
but everything in terms of how we dispose of products on our
trains and everything we do should be analyzed through the
green technology that is available.
Senator Lautenberg. Thank you very much.
We will turn to Senator Hutchison now.
Senator Hutchison. Well, thank you, Mr. Chairman.
I have certainly worked with Senator Lautenberg on Amtrak
issues. I have been a strong supporter of Amtrak, and it is a
partnership that is based on the national concept. And I want
to ask the two nominees for Amtrak if you are committed to
keeping the national system besides the Northeast Corridor,
which is the system that has gotten the most of the resources,
and the track is owned by Amtrak. So that makes it easier.
But the rest of the country I think also must keep this
infrastructure if we are going to have a truly national system,
which I think is important for us. And I think now that more
states are looking at options for rail, that it would provide
us the opportunity to have rail that comes into and out of the
Amtrak stations and providing better ridership and better
service.
My question is to each of you, are you committed to the
national system?
Mr. Coscia. Senator, yes. In a word. And it makes
incredible levels of sense that for the system to be truly
effective, it would, in fact, need to be national. The areas
where passenger rail service could make an enormous difference
in terms of the mobility of Americans and the contribution to a
more efficient and environmentally friendly transportation
system clearly go well beyond only the Northeast Corridor of
the United States.
There are many metropolitan areas in major cities in the
State which, if connected by a reliable, efficient rail
service, would, in fact, do a great deal for the national
economy. And I don't think that the system is really
supportable in terms of building the kind of national consensus
necessary in order to make the kind of investments that will be
necessary not for a year or two, but for many years unless, in
fact, you can develop a system that is, in fact, truly national
and brings together people's legitimate, appropriate interests
from a national standpoint.
Senator Hutchison. Thank you.
Mr. DiClemente. Senator, when Amtrak was founded, the
charge was for it to be a national rail system. I agree with
that charge, I agree with that mission statement, and I will do
everything I can to make sure it remains that way.
Senator Hutchison. Thank you very much.
Those were the questions that I wanted to ask. I know Mr.
Rosekind's area of expertise is fatigue, and I know that you
asked questions about that area. So I won't ask questions of
Mr. Rosekind, but appreciate very much your nomination and look
forward to working with all of you.
Thank you very much.
Senator Lautenberg. Thank you very much, Senator Hutchison.
I know your interest in this work over these years, and you
will continue doing that whatever your capacity is.
And for those members of the panel, thank you very much for
your testimony and good luck. And if confirmed, you will be
terrific.
With that, I take the gavel and I say the meeting is
adjourned.
[Whereupon, at 4:28 p.m., the hearing was adjourned.]
A P P E N D I X

Prepared Statement of Hon. Barbara Boxer, U.S. Senator from California
on the Nomination of Mark Rosekind, to be a Member and Reappointed to
the National Transportation Safety Board
Mr. Chairman, I am pleased to support Dr. Mark Rosekind to be a
Member of the National Transportation Safety Board (NTSB). I would like
to congratulate Dr. Rosekind and his family on his nomination.
Dr. Rosekind is a graduate of Stanford and Yale University. His
research has been important to our state of California, where he served
as the Director of the Center for Human Sleep Research at Stanford.
Dr. Rosekind is internationally recognized for his work examining
the impact of fatigue on aviation, having served as the Director of
NASA's Fatigue Countermeasures Program at NASA Ames, and also as the
Chief of the Aviation Operations Branch in the NASA Ames Flight
Management and Human Factors Division.
His knowledge is not simply limited to aviation fatigue; Dr.
Rosekind has advised other Federal transportation agencies on fatigue
issues affecting other types of transportation.
Dr. Rosekind's education and expertise will be a welcome addition
to the NTSB. NTSB handles investigations of our Nation's most serious
transportation accidents, and makes valuable safety recommendations to
prevent similar tragedies.
Dr. Rosekind is well qualified to fill the role of Board Member at
NTSB. His selection affirms a commitment to ensure that NTSB continues
to play a key role in working to improve the safety of our Nation's
transportation systems.
I look forward to working with Dr. Rosekind and NTSB to address
some of our Nation's most pressing transportation safety deficiencies,
including efforts to improve rail safety in the wake of the Chatsworth
rail tragedy and addressing NTSB's Most Wanted aviation safety
recommendations.
These are serious challenges that need expert attention and I
believe Dr. Rosekind will be a valuable addition to NTSB.
Thank you, Mr. Chairman.
______

Prepared Statement of Hon. Barbara Boxer, U.S. Senator from California
on the Nomination of Philip Coyle III, to be the Associate Director at
the Office of Science and Technology Policy, Executive Office of the
President
Mr. Chairman, I am pleased to support Philip Coyle to be the
Associate Director for National Security and International Affairs in
the Office of Science and Technology Policy (OSTP) in the Executive
Office of the President. I would like to congratulate Mr. Coyle and his
family on his nomination.
Mr. Coyle hails from Sacramento, CA and has served our country and
California in several capacities that support our national security.
In his new role at the Office of Science and Technology, Mr. Coyle
will work to tackle many critical issues including climate change,
nuclear proliferation, bio-chemical warfare, and transportation
security. We need strong leadership and experience to address these
challenges facing our country and future generations.
Mr. Coyle brings valuable experience to the OSTP and a commitment
to working to solve some of our Nation's most complex problems. He has
over 40 years experience in national security research, having worked
over 33 years at the Lawrence Livermore National Laboratory in
Livermore, California on nuclear weapons programs.
During his tenure at the Department of Defense (DOD), Mr. Coyle was
the longest serving Director of the Office Operational Test and
Evaluation.
For his work, Secretary of Defense William Perry awarded Mr. Coyle
both the Defense Distinguished Service Medal and the Bronze Palm of the
Defense Distinguished Service Medal.
Mr. Coyle's expertise in security and military related fields
combined with the recognitions he has received for his work make him a
well qualified candidate for this position. I believe he will be a
valuable asset to the OSTP.
I look forward to working with Mr. Coyle and the Administration to
address climate change, nuclear proliferation and the many other
serious challenges facing our Nation.
Thank you, Mr. Chairman.
______

Response to Written Questions Submitted by Hon. Tom Udall to
Hon. Philip Coyle III
Question 1. As Associate Director, part of your responsibility will
be finding ways to utilize scientific advances within the larger goal
of addressing national security concerns. Both Sandia National
Laboratories and Los Alamos National Laboratory in New Mexico have
decades of experience in bringing science research to national
security, not only in their core mission of Stockpile Stewardship but
also in matters of energy research, infrastructure simulation, cyber
security and supercomputing. At OSTP, how would you employ the diverse
knowledge and work of the national labs?
Answer. The stewardship of the Nation's nuclear weapons stockpile
is an essential mission which requires talented, insightful and
knowledgeable people and modern, relevant research facilities. The DOE
Nuclear Weapons Laboratories play a critical role in stockpile
stewardship, a role for which we have no substitute. These Laboratories
also have formidable scientific capabilities to contribute to our
national security in other ways, such as in energy security, climate
change, and intelligence. It was an important part of my career for
many years to work with these Laboratories where I saw first-hand the
capabilities they have. Drawing upon my many years of work in the
national laboratories and my knowledge of their capabilities, if
confirmed I will work with all the Laboratories and their sponsoring
agencies to maximize the value they bring to all the relevant missions.

Question 2. Cybersecurity is clearly a major national security
concern that must be addressed. The U.S. continues to look at both
offensive and defensive options, all while the technology itself
advances and progresses on an almost daily basis. In your position at
OSTP, what will be your cyber security goals?
Answer. If confirmed, cybersecurity will be one of my highest
priories. Though a primary driver of our economy for decades, our
reliance on cyberspace also presents significant vulnerabilities. I
fully support the recommendations in the President's Cyberspace Policy
Review and if confirmed, I will work closely with the OSTP Director,
the Chief Technology Officer, the Chief Information Officer, the Cyber
Coordinator and other senior officials to ensure the Nation has robust
capability to secure cyberspace. In addition, I will work to promote
innovation along the full research, development, adoption, and
operations pipeline to create a cyberspace for tomorrow that is safe
for learning, sharing, discovering, working, shopping, and all of the
other activities of a vibrant and prosperous society.
______

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

Hon. Philip Coyle III
Question 1. Please provide for the record your views regarding the
national security implications of the maintenance of a strong, viable
U.S. civil human spaceflight program.
Answer. Throughout its history the U.S. civil human spaceflight
program has been a contributing element to our national security. In
early years it served as a demonstration of technological leadership,
as NASA accomplished the first human lunar landing through the Apollo
program. That leadership position is still important, as is the respect
it engenders amongst our current and future allies. The civil human
spaceflight program offers opportunities to reach out to new
international partners (and thereby improve international relations and
understanding), as it did in the early 1990s when the U.S. and Russia
agreed to work together on the International Space Station. Indeed the
International Space Station has become a shining beacon of what can be
accomplished when countries come together to forge working
relationships with one another. And of course, our civil human
spaceflight program, through both its potential challenges and rewards,
attracts some of the greatest engineers and technical minds, forming a
core element of the American technological industrial base and
contributing to America's broad innovative edge. If confirmed I look
forward to exploring continued national security and international
affairs opportunities to strengthen our space programs, and offering my
counsel to Dr. Holdren in this area.

Question 2. Please provide your views on whether the Nation's human
spaceflight capability is placed at risk by relying exclusively on the
availability--and successful flight--of Russian Soyuz vehicles, over
which we have no operational control, for access to the International
Space Station for a period of as many as five to 7 years? Include in
your response the impacts of subjecting not only the U.S. civil space
program, but those of Europe, Japan, and Canada, for whom the U.S. is
committed to provide transportation of crew to the ISS for the life of
the ISS program, by international agreements.
Answer. How we access the space station after retirement of the
space shuttle is a critically important question. Although Russia
proved to be a very reliable partner to not only the United States and
NASA but to all of the ISS partners following the tragic loss of the
Space Shuttle Columbia, we need new options for getting humans to Low
Earth Orbit and the ISS. Today, Russia is a key partner, providing a
range of important services for the entire ISS team in concert with the
critical services and operations provided by NASA. The ISS partnership
was designed specifically in this way, so that each partner is critical
to the success of all the partners.
However the ``gap'' in human spaceflight access to low-Earth orbit
is a policy concern, and not an optimal situation for several reasons,
including its impact on our dependence on Russia for crew
transportation. This concern, coupled with some of the challenges
involved in the current human space flight development effort was one
of the drivers for the recently completed independent review of NASA's
human spaceflight plans. If confirmed, I look forward to helping our
space program find alternative access to low-Earth orbit as an
important means of mitigating the risk of being dependent on any single
access provider, regardless of origin.

Question 3. What are the national security implications of the
degradation or loss of the industrial capability for the production of
solid rocket motors currently provided by ATK, Inc.?
Answer. Solid rocket technology plays an important role in our
Nation's strategic defense capabilities, and therefore the industrial
base associated with that technology is a critical national asset. I
understand that Congress has recently directed the Department of
Defense (DoD) to assess the health and future prospects of this
industry. If confirmed, I will certainly monitor this situation closely
and interact with the DoD regarding the appropriate way forward in this
area.
______

Response to Written Questions Submitted by Hon. John Ensign to
Hon. Philip Coyle III
Question 1. In your prepared testimony before the House Armed
Services Committee on February 25, 2009, you wrote that ``it is clear
that the GMD system and the U.S. missile defense system proposed for
Europe require challenging and realistic testing before Congress and
the administration can determine if those systems can be operationally
effective . . .'' Yet Admiral Mullen, Chairman of the Joint Staff,
testified before the Senate Armed Services Committee in July 2007 that
``I believe the United States has a viable initial operational
capability and we are maturing the system toward a full operational
capability.'' And on March 19, 2009, in a hearing before the Senate
Armed Services Committee, Admiral Keating, the PACOM combatant
commander, testified that he believed the United States had a ``high
probability'' of intercepting an intercontinental ballistic missile
aimed at the United States by North Korea. How do you reconcile your
pessimistic assessment of the operational effectiveness of the GMD
system with the above statements by Admiral Mullen and Admiral Keating?
Answer. Admiral Mullen stated that the United States has a viable
``initial'' operational capability, by which I do not believe that he
was indicating that the capability is so far along that it no longer
requires challenging or realistic testing. In the same hearing in which
I gave the remarks quoted above, Lt. Gen. Patrick O'Reilly, Director of
the Missile Defense Agency, described the three-phase process he is
using to identify needed tests to address ``Critical Engagement
Conditions (CECs),'' which are engagement conditions that require
challenging and realistic flight intercept tests, and tests needed to
gather basic phenomenological data, called ``Empirical Measurement
Events (EMEs).'' General O'Reilly stated that he had identified a total
of 53 CECs and 22 EMEs of concern for the various ballistic missile
defense system elements, including such issues as solar and lunar
backgrounds, high closing velocities, salvo launches, and
countermeasures. I also noted these issues in my testimony. Those
numbers have since grown. On May 21, 2009, General O'Reilly testified
that a total of 101 CECs and EMEs were needed.
Admiral Keating's comment was made in the context of intercepting a
single ICBM aimed at the United States, not several enemy missiles at
once. The goal of being able to handle multiple simultaneous enemy
missiles will require challenging testing.

Question 2. In your prepared testimony before the House Armed
Services Committee on February 25, 2009, you wrote of the need to
increase testing for the ballistic missile defense system, including
the Ground-based midcourse defense system. Yet Missile Defense Agency
Director, General O'Reilly, testified this year before Congress that
the MDA was moving away from conducting two GMD tests per year to one
GMD test every 9 months. What is your view of this new, slower rate of
testing? Do you assess that MDA was the ability to conduct at least GMD
flight tests per year?
Answer. All else being equal, considering the substantial number of
GMD tests still needed, it would be helpful if they could be conducted
at the rate of two per year, rather than one per year. In 2000, 2001,
2002, and 2007, the Missile Defense Agency conducted two or more GMD
flight intercept tests per year. However, these tests are expensive,
require considerable scientific development, engineering analysis, and
planning, and afterwards require lengthy data analyses. It is my
understanding that given these realities, even though there may be
certain years in which two GMD tests will be conducted, an average of
closer to one GMD test per year will be the likely pace overall.
______

Response to Written Question Submitted by Hon. John Thune to
Hon. Philip Coyle III
Question. One final question that has to do with an agreement in
May. We agree, I should say to--the U.S. did to a negotiating agenda at
the U.N. Conference on Disarmament to commit to the U.S. on a treaty
for the prevention of an arms race in outer space. I think we need to
understand the scope of the impact that that kind of a treaty could
have on our defense and U.S. Defense programs, and I would ask you, and
you don't have to do this now, but furnish it to us to identify for the
committee those U.S. defense systems that currently are in the field or
in development that might directly or indirectly be used to support an
anti-satellite capability.
Answer. It is critically important for the U.S. to continue to
operate in space for both economic and defense reasons and to engage
the international community in ways that further this goal. I am fully
committed to ensuring that our capabilities in space continue to
improve. Furthermore, any proposed international agreements in this
general area must be considered with great care to ensure that they
would be in the best interest of the US. If confirmed I will work with
the Congress and with others in the government to address these
challenges.
I am aware of a successful U.S. anti-satellite test in the mid-
1980s that has been widely reported in the press and I of course
followed very closely the Navy's successful shoot-down of the
malfunctioning U.S. satellite last year. Since work in national
security space related areas is often highly classified and my recent
activities and employment have been outside the government (and not
directly related to this area), I currently don't have access to much
of the information that may exist relevant to your request. If
confirmed, I will work with you and other members of the Committee to
understand U.S. capabilities that might be relevant to this issue.
______

Response to Written Questions Submitted by Hon. David Vitter to
Hon. Philip Coyle III
Question 1. Mr. Coyle, I have serious concerns about several of
your previous statements that indicate uncertainty regarding the future
of U.S. ballistic missile defense systems. Given the increasing threat
posed by Iran, North Korea, and other rogue states, I believe it is
imperative that we fully support the development and deployment of
missile defense systems that can protect the United States and our
allies.
In testimony before the House Armed Services Committee earlier this
year, you compared America's missile defense program to ``a program in
which I was going to prove that I could flap my arms and fly.'' In
fact, you have testified repeatedly over the past decade that you do
not have any faith in the Ballistic Missile Defense System (BMDS)
currently being fielded by MDA. Do you continue to take such a dim view
of America's missile defense system? Why or why not? If you are
confirmed and the President asks for your assessment of the
effectiveness of existing defensive systems, and the advisability of
pursuing the recently announced ``Phased Adaptive Architecture,'' what
will you tell him?
Answer. I support the President's approach for a phased, adaptive
approach to missile defense in Europe and believe it is based on an
assessment of the missile threat, and a commitment to deploy technology
that is proven, cost-effective, and adaptable to an evolving security
environment. As the President has pointed out, this new system offers
more effective defenses against more near-term ballistic missile
threats, and provides for the defense of U.S. deployed forces, their
families, and our Allies in Europe sooner and more comprehensively than
the previous program. I also fully support the testing program that
General O'Reilly has laid out for the Phased Adaptive Approach.
My analogy to unaided human flight was intended to illustrate that
difficult technical programs can focus too long on necessary but
insufficient increments while not confronting the most challenging
aspects of the missions they face. Under the leadership of Lt. Gen.
Patrick O'Reilly, the Missile Defense Agency is now addressing the
types of issues I raised For example, In the same hearing in which I
gave the remarks quoted above, General O'Reilly identified some of the
same test issues that I described in my testimony, including such
issues as solar and lunar backgrounds, high closing velocities, salvo
launches, and countermeasures. I fully support the new approach that
General O'Reilly has spearheaded
If I am confirmed, I will work to ensure that the Director of OSTP,
and the President have access to the best available scientific and
technological information on any issue for which my advice is sought.

Question 2. Administration witnesses have repeatedly emphasized the
importance of the Ground-Based Midcourse Defense System (GMD) as a
``hedge'' against attack by Iran or North Korea. General Cartwright
testified before the House and Senate Armed Services Committees earlier
this year that: ``We currently have the ability to defend the United
States (including the East Coast) against any Iranian ICBM, and with
the TPY-2 deployment planned in Phase I and continued improvement of
the GBIs, this defense will grow even stronger in the next several
years.'' Do you believe that GMD is an effective hedge against the
existing and likely future rogue nation ICBM threat? If not, what
improvements need to be made before you will join the Administration in
considering it an effective hedge?
Answer. I fully support the Administration's approach to missile
defense and applaud the advances that have been made in this extremely
challenging area. It is my understanding that the new Phased Adaptive
Approach could contribute to our defense as General Cartwright
indicated In order to improve its effectiveness against future rogue
nation ICBM threats, our missile defense system will need to continue
to incorporate improvements from the results of the testing program
that Lt. Gen. O'Reilly has initiated, and address the effects of
possible nuclear detonations on missile defense radars, satellites, and
command and control systems.

Question 3. In a speech sponsored by the Global Security Institute
in New York in 2005 you criticized the U.S. Military's approach to
space, stating: ``[But] when the U.S. military talks about space
dominance, space superiority, and space control, as they do regularly,
they are behaving as if they think we do own space, and that we don't
need to consult with anyone else about how space should be used.'' You
also criticized U.S. spending on Space Situational Awareness (SSA),
citing the Space Based Surveillance System (SBSS) as unnecessary. If
confirmed, will you encourage President Obama to reduce spending for,
or cancel outright, programs that provide SSA or space control options
for our military?
Answer. No. My point in that speech was that the United States
should work with the international community to improve the security of
its space systems. It is very difficult to protect space assets through
national measures only. The threat of space debris, for example, can be
addressed effectively only through international cooperation to
minimize the production of debris.
I fully support the need for improved space situational awareness.
If confirmed, I would seek out the latest information on the current
state of the SBSS program and do my best to assure the science and
technology needed for a successful SBSS program was made available.

Question 4. In the same 2005 speech, you went on to argue that:
``New funding and priority for space weapons and for missile defense in
the United States is creating a pressing need for arms control in
space.'' If confirmed, will you encourage President Obama to seek to
negotiate a multilateral space arms control agreement? What types of
limitations would you propose as part of such an agreement? How would
adherence to those limitations be verified?
Answer. If confirmed, it would not be my role to encourage
President Obama to seek to negotiate a multilateral space arms control
agreement. If confirmed, I would work to assure that the best of
America's science and technology was available for the U.S. national
security and space activities that the President and the Congress
decided to pursue.
______

Response to Written Questions Submitted by Hon. Mark Warner to
Scott B. Quehl
Question 1. If confirmed, what steps will you take to ensure proper
oversight of all of the stimulus-related programs the Department of
Commerce oversees, in particular the Broadband Technology Opportunities
Program?
Answer. The Department of Commerce (Department) has existing
accountability mechanisms in place which are being used to review
plans, progress and performance results for American Recovery and
Reinvestment Act (ARRA) funded activities. Additionally, the Department
has put in place ARRA-specific mechanisms for oversight of ARRA
implementation activities.

1. Senior Management Council (SMC)--provides leadership and
oversight for internal control assessments under OMB Circular
A-123, Management's Responsibility for Internal Control. The
Department also has a Senior Assessment Team (SAT) which is
responsible for conducting day-to-day A-123 activities,
including review, documentation, and testing of internal
controls. The SAT determined that existing controls will be
sufficient to handle the new ARRA projects.

2. Department level program risk oversight--The Investment
Review Board (IRB) is responsible for conducting investment
reviews and assisting Department management by identifying
programs and projects that merit review; and providing findings
and recommendations from investment reviews to the Department
for resolution.

3. ARRA Working Group--The Department formed several cross-
bureau, cross-function work teams to plan and implement ARRA
across the Department. The Departmental Work Team structure is
as follows:

The Senior Accountable Official and associated staff are
responsible for overall coordination and management at the
Department level of ARRA implementation, including timely
delivery of information on Recovery Act projects. The Senior
Accountable Official oversees the ARRA Working Group which
provides senior oversight and management to all sub-groups. The
ARRA Working Group consists of the Recovery Implementation
Steering Committee, the Bureau Points of Contact Group, and the
team leads for the work groups for reporting, transparency and
the National Environmental Policy Act (NEPA).

The Bureau Points of Contact (POC) Group consists of a single
senior manager from each of the bureaus receiving funding (the
Census Bureau, the Economic Development Agency (EDA), the
National Institute of Standards and Technology (NIST), the
National Oceanic and Atmospheric Administration (NOAA), and
National Telecommunications and Information Administration
(NTIA)). These bureau POCs are responsible for coordinating and
managing bureau efforts with Departmental efforts. Each bureau
has its own internal team working on bureau-specific activities
and oversight, and the bureau POC is the communication and
management liaison to the Department.

The Broadband Technology Opportunities Program (BTOP) has regular
reviews conducted by the Department concerning milestones and
decisions, including reviews of the program's project schedule,
contract schedule and grant making process. NTIA is committed to
ensuring that BTOP funds are spent wisely and efficiently. Since the
inception of BTOP, NTIA has worked with the Department's Inspector
General to design the program in a manner that minimizes the risk of
waste, fraud, and abuse.
NTIA has taken a number of steps to ensure that the BTOP program
complies with all relevant environmental and historic preservation
requirements. As project construction begins, NTIA will enhance its
auditing and monitoring capabilities, including site visits to
grantees. NTIA is currently developing program-specific post-award
compliance and monitoring processes and guidelines that will include
ARRA and BTOP reporting requirements.

Question 2. You mention in your testimony that you will ensure that
the Department's mission, goals, and budgets are connected to
measurable results that matter. How do you anticipate doing that, and
what government-wide reforms would you recommend to create clear,
measurable results for all Federal programs and agencies?
Answer. The Administration is still developing its performance
agenda to meet mission requirements and improve efficiency and
effectiveness. It will seek performance information that is used to set
priorities and diagnose problems, and that tracks progress on goals
across agencies. It will consider approaches used successfully by state
and local government, as well as other countries, to come up with the
best of what works in both the Federal Government and elsewhere. It
will also identify those existing measurement efforts that are
unsuccessful or burdensome, to streamline or eliminate them.
Senior leaders need to be involved in setting goals, and held
responsible for achieving them. Goals should be outcome-oriented and
linked to program level and individual targets. Progress against
targets should be communicated clearly, and reviews of planned vs.
actual performance should be conducted at all levels. Finally, results
should be transparent to Congress, the public, and the Federal work
force.
I understand that the development of the FY 2011 President's Budget
has been informed by performance information, and budget justifications
will continue to be integrated with annual performance plans. In
addition, this year's budget will identify a small number of high-
priority performance goals for the next one to 2 years that will be
tracked quarterly and reported publicly.
In calendar year 2010, the Department will develop an updated
Strategic Plan for 2010 through 2015, providing a framework for
articulating and integrating the Department's mission, vision, goals,
and measures into its annual budget, as well as its employee
performance evaluations. This initiative calls for close coordination
between the Office of the Secretary, Financial Management, Human
Resources, and bureau leadership within the Department, as well as
consultation with the Committee on the Strategic Plan.
Department management intends to work closely with the Office of
Management and Budget, and consider the views of the Government
Accountability Office, the Office of the Inspector General, and
appropriate inter-agency councils in the formulation of program
performance metrics. The Department also intends to make more effective
use of management information systems to support performance assessment
and reporting.
______

Response to Written Question Submitted by Hon. Tom Udall to
Anthony R. Coscia
Question. Mr. Coscia, studies have shown that rail transportation
is cleaner and more efficient than passenger car transportation. In New
Mexico, the Rail Runner Express has demonstrated that New Mexicans are
willing to leave their cars behind to travel in an environmental
friendly way if more rail options were available. Yet the Amtrak
service map shows that intercity passenger service is primarily focused
in the Northeast and along the coasts. What are your thoughts for
improving passenger rail service in the southwest and intermountain
west?
Answer. There are many metropolitan areas in the southwest and
intermountain west that are experiencing large increases in population
where expanded Amtrak service could provide significant benefits,
particularly on routes of 500 miles or less where airlines and
automobiles are the only alternative today. The Northeast Corridor
demonstrates that sustained investment in improved intercity passenger
rail service can produce significant benefits, and that intercity
passenger trains and commuter train services, such as the Rail Runner
Express, can complement each other in meeting regional transportation
needs. If confirmed I will work with the Board and management to
explore the opportunities for expanded intercity passenger rail service
in these areas of the country.
______

Response to Written Question Submitted by Hon. Tom Udall to
Albert A. DiClemente
Question. Mr. DiClemente, studies have shown that rail
transportation is cleaner and more efficient than passenger car
transportation. In New Mexico, the Rail Runner Express has demonstrated
that New Mexicans are willing to leave their cars behind to travel in
an environmental friendly way if more rail options were available. Yet
the Amtrak service map shows that intercity passenger service is
primarily focused in the Northeast and along the coasts. What are your
thoughts for improving passenger rail service in the southwest and
intermountain west?
Answer. As I stated at my hearing, I am strongly committed to a
national passenger rail system that serves all regions of the United
States, including the southwest and intermountain west. This will
require investments and support by both the Federal and state
governments to enhance and expand Amtrak services on routes outside of
the Northeast Corridor. The investments in passenger rail service in
the Northeast Corridor have produced enormous benefits, in terms of
mobility, job creation, and commercial development around Amtrak
stations. We need to replicate that model in the rest of the country.
______

Response to Written Questions Submitted by Hon. Amy Klobuchar to
Mark R. Rosekind
Question 1. In the wake of the collapse of the I-35W bridge in
Minneapolis that claimed 13 lives, I experienced first-hand the
professionalism, dedication and knowledge of the staff and leadership
of the NTSB. In your testimony, you note strengths of the NTSB work
force, but also praise NTSB Chairman Hersman for challenging the staff
to increase transparency and accountability. I agree, and worked with
NTSB to seek a report on the policies and guidelines used in the
expedited release of factual accident-related information. My amendment
to the S. 2768, the bill to reauthorize the NTSB, would not only
increase transparency, but provide the NTSB with a tool to use when
faced with criticism about the rate in which they release such
information. In what other ways could transparency and accountability
be improved at the NTSB?
Answer. In Chairman Hersman's challenge to the men and women of the
NTSB to ``raise the bar'' she identified transparency, accountability,
and integrity as initial areas for action. Each of these areas involves
complex and delicate issues that must be thoroughly explored and
specific actions determined before embarking on change. Clearly,
Chairman Hersman strongly believes that NTSB personnel are up to this
challenge and that these significant actions will enhance the Board's
effectiveness and value. Senator Klobuchar, your efforts to further
increase transparency and provide a tool related to timing of
information release will further strengthen the NTSB's abilities to
meet its vital mission objectives. While I don't yet have suggestions
concerning legislative or statutory changes that would enhance
transparency and accountability, if confirmed, I look forward to
working with NTSB colleagues to fully implement the Chairman's
initiatives to increase transparency in a variety of avenues, including
issuing clear procedures and guidelines for releasing accident
investigation information, and providing helpful information to the
Congress.

Question 2. How would you balance the public's right to learn
information about an on-going NTSB investigation with the NTSB's charge
to get to the bottom of the facts--and get it right?
Answer. In the context of transparency raised in #1 above, this
question goes directly to the central issue of the appropriate balance
needed to maintain transparency without jeopardizing the integrity of
an on-going accident investigation. If confirmed, I will learn about
current NTSB policies and procedures that govern information release
and timing, the controversies surrounding the issue, examples of
effective and problematic applications, and proposed changes to current
methods. After learning the details and nuances of this issue, I will
work with Chairman Hersman, my fellow Board Members, and the senior
leadership at the NTSB to develop a more informed and effective
approach to address this important matter. The key, of course, will be
enhancing transparency while continuing to develop timely, complete,
and effective accident investigations and safety recommendations.

Question 3. As an expert, beyond implementing NTSB recommendations,
what more could be done by government at all levels to prevent fatigue-
related transportation accidents?
Answer. Fatigue is a complex and contentious issue that requires a
comprehensive and programmatic approach to effectively reduce fatigue-
related risks and accidents. This requires addressing fatigue from an
overall systems perspective, at the organizational (corporate) level,
and at the individual level. First, the government can address the
systems perspective through Federal policies and regulations (e.g.,
hours of service, education and training requirements, diagnosis and
treatment of sleep disorders, fatigue policies, role of technologies
including fatigue models). Second, the government can address the
organizational (corporate) level by mandating specific fatigue
management activities, establishing requirements, and providing
mechanisms for flexibility and oversight (in all areas identified
above). Third, the government can address the individual level by
requiring specific fatigue management elements in licensing (e.g., an
education and training and recurrent requirements) and medical
certification (e.g., diagnosis and treatment of sleep disorders).
Finally, it is critical that the latest and most relevant scientific
knowledge is used to guide these policies, requirements and activities;
and where appropriate, establish explicit policies. Ongoing and timely
reviews should provide mechanisms to change and evolve policies,
requirements, and activities that reflect new operational demands,
technology, and science.

Question 4. You note in your testimony that one of your priorities
at the National Transportation Safety Board will be to address fatigue.
Will your role as a member of the Board diminish your ability to be
proactive on your stated goal of applying scientific knowledge to
improve performance and safety in diverse settings?
Answer. If confirmed, I will be presented with a new and
challenging arena within which to apply the skills and abilities that I
have developed in my professional life. Essentially, being a Member of
the Board represents the ultimate opportunity to apply scientific
knowledge to improve performance and safety in diverse settings. Over
the past 25 years, I have addressed fatigue in academic settings, while
leading an internationally recognized NASA Program, and in the business
sector providing effective strategies to manage fatigue in complex,
real-world situations. Each of these environments provides a different
mechanism to address fatigue: academic research provides controlled
scientific data (typically published in scientific journals); NASA
provides an applied, technical setting with the opportunity to collect
data in real-world, relevant operations (results usually distributed
through technical and operational venues), and the business sector is
focused on effectiveness, cost, and value (due to confidentiality and
competitive advantages, some outcomes may only be applied internally).
There have been significant outcomes from these efforts that have made
acknowledged contributions to reducing fatigue-related risks and
accidents (e.g., NASA's nap study showing the effectiveness of short
naps to enhance performance and alertness, a real-world test of an
Alertness Management Program to improve sleep and operational
performance). If confirmed as a Member of the Board, I will have the
opportunity to see the outcomes of meticulous investigations and fact-
based, thoughtful recommendations that can affect the broadest range of
settings, far beyond those touched by academics, NASA or the business
sector. The transportation industry represents multiple modes and is
the model for many other industries. The NTSB's findings and
recommendations are cited and implemented far beyond the transportation
industry, enhancing the safety of the American public in many areas.