[Senate Hearing 107-936]
[From the U.S. Government Printing Office]
S. Hrg. 107-936
NOMINATIONS OF MICHAEL P. JACKSON, TO BE DEPUTY SECRETARY OF THE
DEPARTMENT OF TRANSPORTATION, AND BRENDA L.
BECKER, TO BE ASSISTANT SECRETARY OF THE DEPARTMENT OF COMMERCE FOR
LEGISLATIVE AND INTERGOVERNMENTAL
AFFAIRS
=======================================================================
HEARING
before the
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED SEVENTH CONGRESS
FIRST SESSION
__________
APRIL 25, 2001
__________
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 SEVENTH CONGRESS
FIRST SESSION
JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
KAY BAILEY HUTCHISON, Texas Virginia
OLYMPIA J. SNOWE, Maine JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas JOHN B. BREAUX, Louisiana
GORDON SMITH, Oregon BYRON L. DORGAN, North Dakota
PETER G. FITZGERALD, Illinois RON WYDEN, Oregon
JOHN ENSIGN, Nevada MAX CLELAND, Georgia
GEORGE ALLEN, Virginia BARBARA BOXER, California
JOHN EDWARDS, North Carolina
JEAN CARNAHAN, Missouri
Mark Buse, Republican Staff Director
Ann Choiniere, Republican General Counsel
Kevin D. Kayes, Democratic Staff Director
Moses Boyd, Democratic Chief Counsel
C O N T E N T S
----------
Page
Hearing held on April 25, 2001................................... 1
Statement of Senator Burns....................................... 4
Statement of Senator Cleland..................................... 26
Statement of Senator Dorgan...................................... 25
Statement of Senator Hollings.................................... 2
Statement of Senator Hutchison................................... 23
Statement of Senator Lott........................................ 3
Statement of Senator McCain...................................... 1
Statement of Senator Smith....................................... 24
Statement of Senator Stevens..................................... 3
Witnesses
Becker, Brenda L., Assistant Secretary-Designate for Legislative
and Intergovernmental Affairs, U.S. Department of Commerce..... 14
Prepared statement........................................... 14
Biographical Information..................................... 16
Jackson, Michael P., Nominee, Senior Advisor to the Secretary,
U.S. Department of Transportation.............................. 4
Prepared statement........................................... 4
Biographical Information..................................... 5
NOMINATIONS OF MICHAEL P. JACKSON, TO BE DEPUTY SECRETARY OF THE
DEPARTMENT OF TRANSPORTATION, AND BRENDA L. BECKER, TO BE ASSISTANT
SECRETARY OF THE DEPARTMENT OF
COMMERCE FOR LEGISLATIVE
AND INTERGOVERNMENTAL AFFAIRS
----------
WEDNESDAY, APRIL 25, 2001
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 9:26 a.m. in room
SR-253, Russell Senate Office Building, Hon. John McCain,
Chairman of the Committee, presiding.
OPENING STATEMENT OF HON. JOHN McCAIN,
U.S. SENATOR FROM ARIZONA
The Chairman. I want to welcome two of the Administration's
nominees today. First, we have Michael Jackson, who has been
nominated to serve as the Deputy Secretary of Transportation.
We will also hear from Brenda Becker, who has been nominated to
be the Commerce Department Assistant Secretary for Legislative
and Intergovernmental Affairs. Both Mr. Jackson and Ms. Becker
have distinguished careers, and I congratulate them on their
appointments to these prestigious posts.
Prior to this appointment, Mr. Jackson was the Vice
President and General Manager for Business Development at
Lockheed Martin IMS, Transportation Systems and Services. He
was previously Senior Vice President and Counselor to the
President at the American Trucking association.
Mr. Jackson has devoted many years to public service. Mr.
Jackson served in several positions within the Executive
Branch, serving as Chief of Staff at the Department of
Transportation from 1992 to 1993, and as Special Assistant to
the President and Executive Secretary for Cabinet Liaison
during the presidency of George--President Bush. Mr. Jackson's
experience will serve him well at the Department of
Transportation, with the many management challenges the
Department faces.
Ms. Becker's career in the private sector is similarly
distinguished. Most recently, she was the Vice President of
Congressional Communications for the Blue Cross Blue Shield
Associates. Ms. Becker has held a variety of positions with
Blue Cross Blue Shield over several years.
As Assistant Secretary for Legislative and
Intergovernmental Affairs, Ms. Becker will be responsible for
advising Secretary Evans on legislative issues and
congressional relations. She has perhaps the hardest job of
all, having to be responsive to 535 Members of Congress. As
Assistant Secretary, Ms. Becker would also be responsible for
coordinating the Department's efforts with state, county and
municipal governments and their associations.
Again, I welcome you both to the Committee, and appreciate
your willingness to serve. If you have any family members here,
please feel free to introduce them before you begin your
remarks. We will begin with you, Ms. Becker. Would you like to
introduce any members of your family?
Ms. Becker. I really wanted to thank my family for being
here and being so supportive. I couldn't be doing this job or
taking it on without my husband Jeff who has been really
supportive. He is behind me with my daughter Megan, who's nine
and Max who's six and also another really special person in my
life is my father, Mel Larsen, and he came in from Michigan to
this hearing today and he has really been the inspiration and
role model for me to pursue public service and I really
appreciate them being here today.
The Chairman. Well we welcome your family. I know this is a
very special day and, of course, Michigan is one of my favorite
states.
[Laughter.]
The Chairman. So I want to thank you and Megan and Max, we
are proud that you are here, to remember this day, this very
proud day for your mother.
Mr. Jackson.
Mr. Jackson. Thank you, Mr. Chairman. I have two special
people to introduce today. With your permission, my wife, Caron
Jackson and my mother who is visiting from Houston, Texas
today, Ann Jackson, and so I am grateful for their support and
pleased to be able to have them with me today.
The Chairman. Welcome to the Jackson family. Caron,
congratulations. It's a proud day, as you can see by the
overwhelming attendance. This will be a very tough grilling
your husband will receive today.
[Laughter.]
The Chairman. So welcome, Senator Hollings. Do you have any
opening----
Senator Hollings. You've reminded me that South Carolina is
not one of your favorite states.
[Laughter.]
The Chairman. It's about 45 percent my favorite state.
[Laughter.]
Senator Hollings. For which I apologize again.
[Laughter.]
STATEMENT OF HON. ERNEST HOLLINGS,
U.S. SENATOR FROM SOUTH CAROLINA
Senator Hollings. Mr. Jackson, I have had the pleasure of
meeting with you. Let me reemphasize the importance of the
Airline Competition Act. I want the Department of Commerce's
comments on it, and I want you to make sure that you look into
the Seaport Security Act also that Senator Graham of Florida
and myself have sponsored. Other than that, I will withhold
questions for now.
The Chairman. Thank you Senator Hollings.
Senator Stevens.
STATEMENT OF HON. TED STEVENS,
U.S. SENATOR FROM ALASKA
Senator Stevens. Mr. Chairman, I am delighted that two
people we know so well will be in these two departments, ones
that we can work with very closely. I am pleased to be here.
Thank you very much.
The Chairman. Thank you. I would like to recognize Majority
Leader, Senator Lott.
STATEMENT OF HON. TRENT LOTT,
U.S. SENATOR FROM MISSISSIPPI
Senator Lott. Thank you, Mr. Chairman and members of the
Committee. It is my pleasure to serve on this Committee and to
be here in support of these nominees today. Of course, Michael
Jackson at Transportation is going to be in a very critical
position. A lot of the issues that he'll be dealing with
obviously come before this Committee and we will have some
views on a number of things including railroads, Title 11
shipbuilding loan guarantees, and other issues. But I think Mr.
Jackson is an excellent choice, I wish him the very best and I
certainly will support his nomination.
I also wanted to be here on behalf of Brenda Becker. It is
great to see the families of both of these nominees here today.
Megan and Max, I hope will be understanding when mom is
sometimes a little late in coming home.
But we have all known Brenda Becker for at least 10 years
and can vouch for her diligence. She has proven time and time
again she's very capable and persuasive, even when you disagree
with her. I have found her to be reasonable and persistent, to
say the least. I have quite often referred to her as the flower
of the insurance industry. I am not quite sure what that means,
but it is a very good title and I hope it will transfer with
her and she will become known as the flower of the Commerce
Department. That department certainly needs a few more flowers
over there to deal with some of their issues.
I am always glad to meet with the Secretary and I enjoy
corresponding with him. I might say, Senator Hollings, but now,
when he writes back, he draws an image of a little fish at the
bottom of his letters, so he understands that fisheries are
under Commerce. So we're getting him acclimated a little bit.
And I know that Brenda Becker will do an excellent job
working with him on his behalf and on behalf of the Department
and working with the Congress. The kind of knowledge she has of
the Executive Branch, the Legislative Branch is truly unique.
She is just tremendously qualified and I appreciate the
opportunity to appear here on her behalf and I certainly will
support her nomination.
The Chairman. Thank you, Senator Lott. Thank you for being
here in behalf of these nominees and we know you have a very
heavy schedule on the floor and we thank you for taking the
time. We know you may have to leave.
Senator Burns.
STATEMENT OF HON. CONRAD BURNS,
U.S. SENATOR FROM MONTANA
Senator Burns. Thank you very much, Mr. Chairman. It gives
me a great deal of pleasure to introduce Brenda Becker to this
Committee to consider her nomination to be Assistant Secretary
for Intergovernmental Affairs and Department of Commerce.
You know, we have got a long way to go in order to
establish the policy shop at the Department of Commerce with
regard to telecommunications and all three of the Senators that
are here today understand that. Brenda brings a tremendous
amount of talent to the Department of Commerce because of her
ability to communicate with just about every Member of
Congress. Because we have known her for a long time, we have
known her to be very, very up-front and very honest with us, in
fact sometimes brutally honest with us and she always does what
she says, and in this time when we're trying to form new
telecommunications policies to deal with those issues and not
only for our country but in the hemisphere, she brings a great
deal of talent to it, so I heartily recommend we confirm her
and introduce her to this Committee today and our friendship
and I think that the Congress is very, very, lucky to have such
a person who knows how to communicate and to articulate what
the President wants done in the areas many areas that this
Committee covers. And so I welcome her appointment and heartily
recommend her confirmation.
The Chairman. Thank you very much Senator Burns, thank you
and Senator Lott for being here. Mr. Jackson we will begin with
you for your opening statement.
STATEMENT OF MICHAEL P. JACKSON, NOMINEE,
SENIOR ADVISOR TO THE SECRETARY, U.S. DEPARTMENT OF
TRANSPORTATION
Mr. Jackson. I am grateful for your kindness, Mr. Chairman,
in having me here today and it is an honor and daunting to be
asked to be part of the President Bush and Secretary Mineta's
team and to be here before you today.
America's transportation network is an indispensable
foundation for the economy and there is much to be done to
preserve it and to improve it and I would look forward if
confirmed by the Senate to working with you.
In deference to the time of the Committee today, I would
ask that my prepared remarks be included in the record and I am
happy to answer any questions, Mr. Chairman.
`The prepared statement and biographical information of
Michael P. Jackson follow:]
Prepared Statement of Michael P. Jackson, Deputy Secretary of
Transportation-Designate
Thank you, Mr. Chairman and Members of the Committee. It is an
honor both to have been nominated by President Bush and to appear
before you this morning. If confirmed, I would very much look forward
to working closely with the Members of this Committee.
America's transportation network provides the indispensable
foundation upon which our economy rests. There is, however, much work
to be done to preserve and improve transportation safety and
efficiency.
The Department's top priority has been, and will remain this:
promoting transportation safety to reduce injuries and fatalities.
Whether it is a Coast Guard sailor who selflessly leaps into the water
to save a life, an air traffic controller calmly steering a flight
around unexpected bad weather, or a NHTSA safety engineer intently
studying crash data--safety is the touchstone that animates the work of
virtually every single professional at the Department. I, too, will
make it my first and foremost objective to work with Secretary Mineta
and my colleagues to improve transportation safety in all modes, every
day.
This, of course, is only the starting point. The United States
faces an urgent imperative to ease congestion and to improve
transportation efficiency. In surface, aviation and marine
transportation, we face a serious capacity shortfall. Finding ways to
reduce transportation congestion and gridlock is an essential quality
of life issue in cities and towns nationwide. This also would have my
intense focus.
The spirit of innovation is America's genius, and the Department--
in partnership with the private sector--must unleash that genius to
accelerate the adoption of technologies that increase mobility, without
compromising our environment. Transportation is increasingly global,
interconnected and consolidated. If confirmed, I would aggressively
support technological and managerial innovation to squeeze additional
value from our precious transportation dollars. I would support
intermodal freight and passenger transportation systems that preserve
healthy competition.
The opportunity to serve as Deputy Secretary would mark a second
tour of duty for me at the Department of Transportation. To support
President Bush and Secretary Mineta, to join transportation colleagues
in meeting the Department's vital mission, these are tasks to which I
will gratefully dedicate my energy, experience, commitment and passion.
Finally, let me pledge to the members of this Committee that I will
always be candid with you and receptive to your input. I am eager to
work together with you to improve transportation in America. This
concludes my testimony, and I would be pleased to answer any questions
you may have for me this morning.
Thank you.
______
a. biographical information
1. Name: Michael Peter Jackson.
2. Position to which nominated: Deputy Secretary, U.S. Department
of Transportation.
3. Date of nomination: March 8, 2001.
4. Address: Information not released to the public.
5. Date and place of birth: April 28, 1954 in Houston, Texas
(Harris County).
6. Marital status: Married. Wife is Caron Suzanne Jackson (maiden
name: Caron Suzanne Ross)
7. Names and ages of children: Catherine Anne Jackson (born: 4-13-
95).
8. Education: Georgetown University (Washington, DC), Ph.D. in
Government, awarded December 1985. Attended 9/77 to 8/85; University of
Houston (Houston, Texas), B.A. in Political Science, awarded August
1977, attended 9/72 to 8/77; Strake Jesuit (Houston, Texas), high
school graduation in May 1972, attended 9/68 to 5/72.
9. Employment record: U.S. Department of Transportation, (2/21/01
to present): senior advisor to the Secretary of Transportation;
Lockheed Martin IMS, Transportation Systems and Services, Washington,
DC (8/97 to 2/01): Vice President and General Manager, Business
Development (8/00 to 2/01), Chief Operating Officer (5/98 to 7/00),
Vice President, Marketing and Business Development (8/97 to 4/98);
American Trucking Associations, Alexandria, VA (12/93 to 7/97): Senior
Vice President and Counselor to the President, Vice President, ATA
Foundation, Inc.; American Trucking Associations, Alexandria, VA (2/93
to 11/93): Management consultant. Note: was hired to support the
chairman of the National Commission on Intermodal Transportation to
formulate plans for the. Commission's agenda and assist with staff
recruitment. ATA's CEO was one of the Commission members; U.S.
Department of Transportation, Washington, DC (2/92 to 1/93): Chief of
Staff to the Secretary of Transportation; U.S. Department of Education,
Office of the Secretary of Education, Washington, DC (6/91 to 2/92):
Director, Office of America 2000; The White House, Washington, DC (1/89
to 5/91): Special Assistant to the President and Executive Secretary
for Cabinet Liaison (7/90 to 6/91), Executive Secretary for Cabinet
Liaison (1/90 to 6/90), Associate Director of Cabinet Affairs and
Director of Cabinet Liaison (1/89 to 12/89); The Madison Center,
Washington DC (9/88 to 1/89): Associate Director; U.S. Department of
Education, Office of the Secretary of Education (10/86 to 9/88): Deputy
Chief of Staff, Special Assistant for Public Affairs; White House
Conference on Small Business, Washington, DC (7/86 to 10/86): Assistant
to the Conference Director; University of Georgia, Department, of
Political Science, Athens, GA (9/85 to 6/86): Visiting Assistant
Professor; American Enterprise Institute, Washington, DC (6/84 to 8/
85): Research Assistant to Michael Novak; Georgetown University,
Department of Government, Washington, DC (8/77 to 6/84). Note: as a
doctoral student, I held various teaching and research fellowships at
Georgetown. During this period, was also a visiting instructor of
political science at the University of Houston, Department of Political
Science (Summer, 1979).
10. Government experience. None.
11. Business relationships: No such positions currently held.
12. Memberships: Member, Bush Presidential Library Advisory
Council, College Station, TX. Note: The Advisory Council was formed to
provide informal advice to former President George H. W. Bush regarding
the program and operations of the Presidential library foundation and
center. Formed in 1996 and consisting of approximately 20 persons, the
Council typically has met twice annually. None of its members has any
fiduciary responsibilities for the Presidential Library, the
Presidential Library Foundation or the George Bush School of Government
by virtue of membership on the Council.
13. Political affiliations and activities: (a) None. (b) None. (c)
08/00--Victory 2000, Republican Parry of Florida, $1,500; 10/99--
Lockheed Martin IMS Good Government Committee (PAC), $750; 05/99--Gil
Garcetti, Los Angeles, CA, $1,000; 10/98--Alabama Victory 1998,
Republican Party of Alabama, $500; 09/98--Anthony Williams for Mayor,
Washington, DC, $800; 09/97--Sandra Bushue for Delegate, Arlington, VA,
$250; 09/95--Bob Dole for President, Washington, DC, $250; 03/94--John
Schall for Congress, $500; 03/93--Rob J. Portman for Congress,
Cincinnati, OH, $200; 10/92--Victory 1992, Republican National
Committee; $500; 09/91 to 09/92--Friends of Barry Williamson, Austin,
TX, $300; 1997--ATA Truck PAC, American Trucking Associations, $640;
1996--ATA Truck PAC, American Trucking Associations, $1,240; 1995--ATA
Truck PAC, American Trucking Associations, $1,040; 1994--ATA Truck PAC,
American Trucking Associations, $1,040; 1993--ATA Truck PAC, American
Trucking Associations, $80.
14. Honors and awards: University of Georgia, Political Science
Department, ``Teacher of the Year,'' 1985-1986; As a graduate student
at Georgetown University, I received several tuition scholarships and
teaching assistantship grants, including a Georgetown University
Fellowship and an H.B. Earhart Fellowship. During that time, I was a
member of Pi Sigma Alpha, a political science honorary society, and
served a 1-year term as its president.
15. Published writings: ``Intermodalism: Hauling in a Deal,''
Journal of Commerce 10/4/96 (in support of the Intermodal Safe
Container Transportation Amendments Act of 1996); Michael Novak and
Michael P. Jackson, eds., Latin America: Dependency or Interdependence.
Washington, DC: American Enterprise Institute, 1985; Michael P.
Jackson, ``Leo Strauss's Teaching: A Study of Thoughts on
Machiavelli.'' Ph.D. dissertation, Georgetown University, 1985; Prior
to 1986, I published one academic journal article related to my
doctoral dissertation (in Vera Lex) and reviews of several academic
books--copies of which I have been unable to locate.
16. Speeches: None available. In the last 5 years, I have
participated on panels or given speeches to meetings of ITS America,
the Transportation Research Board, metropolitan planning organizations,
and various freight transportation and toll industry professional
associations and trade groups. Such presentations have focussed on a
range of topics, from transportation technology trends to freight
policy issues. It has been my practice not to speak from a formal,
typed text.
17. Selection: (a) Do you know why you were chosen for this
nomination by the President? I assume that my nomination is chiefly
related to: (1) my previous government service; (2) private sector jobs
in which I have worked closely with a broad range of passenger and
freight transportation stakeholders; and (3) management experience. In
particular, as chief of staff to the Secretary of Transportation, I was
exposed to the full range of issues then facing the Department. I have
a deep respect for the mission of the Department of Transportation, and
an abiding commitment to public service. (b) What do you believe in
your background or employment experience affirmatively qualifies you
for this particular appointment? I have been exposed to a broad range
of passenger and freight transportation issues, drawing upon service at
the Department of Transportation, as a university professor, and in the
private sector. Immediately prior to my nomination, I had worked
closely with State and local transportation officials to provide state-
of-the-art intelligent transportation systems. Serving well over half
of the states, these systems included electronic toll collection
operations, Internet-based regulatory compliance services for motor
carriers, and financial reconciliation networks.
b. future employment relationships
1. Will you sever all connections with your present employers,
business firms, business associations or business organizations if you
are confirmed by the Senate? Yes. I recently resigned my position with
Lockheed Martin IMS.
2. Do you have any plans, commitments or agreements to pursue
outside employment, with or without compensation, during your service
with the government? If so, explain. I have no such plans, commitments
or agreements.
3. Do you have any plans, commitments or agreements after
completing government service to resume employment, affiliation or
practice with your previous employer, business firm, association or
organization? No.
4. Has anybody made a commitment to employ your services in any
capacity after you leave government service? No.
5. If confirmed, do you expect to serve out your full term or until
the next Presidential election, whichever is applicable? Yes.
c. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients or customers. If confirmed, I will have no such ongoing
financial arrangements or agreements. The only financial connections
that I presently retain with my previous employer are as follow: (a)
investments in Lockheed Martin IMS 401(k) retirement funds, as
described in detail on my financial disclosure forms; (b) 2,300 shares
of Lockheed Martin common stock options (fully vested); and (c)
supplemental retirement plan investments and deferred management
incentive plan investments held by Lockheed Martin as part of the IMS
retirement program.
In consultation with the Office of the General Counsel at the
Department of Transportation, I will rollover all IMS 401(k) retirement
accounts into widely diversified mutual funds. Upon confirmation, I
would immediately either exercise or voluntarily surrender all stock
options. Following termination of my employment at IMS, the
supplemental retirement account and deferred management incentive
compensation account balances are--according to corporation policy--
being liquidated and will shortly be paid as ordinary income. Together,
these three steps would totally sever all financial relationship to my
previous employer.
2. 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.
3. 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? After carefully reviewing my
employment history with the Department's Acting General Counsel and her
staff, I anticipate no conflicts of interest that would significantly
affect my ability to discharge the. position for which I have been
nominated. At present, I am fully recused from matters dealing with
Lockheed Martin IMS, Baker Botts, LLP, and--pending rollover of
retirement accounts and exercise or surrender of stock options--
Lockheed Martin Corporation.
The recusal agreement that would apply to me as Deputy Secretary
has been conveyed to the Committee by the Department's Acting General
Counsel. First, and consistent with Department of Transportation policy
and regulations of the Office of Government Ethics, there would be a 1-
year period during which I would be recused from any matter before the
Department related to my former employer, Lockheed Martin IMS. As a
matter of practice, during my employment at IMS there have been few
matters where IMS has dealt directly with the Department. Second, I
would be recused from matters involving the law firm at which my wife
is employed, Baker Botts, LLP. As a practical matter, her firm too has
very little business before the Department. My wife, who is not an
attorney, has not been personally involved in work regarding
transportation issues before the Department.
Until such time as I execute the actions outlined above, I would
continue also to be recused from any issues regarding Lockheed Martin
Corporation. If confirmed, throughout my tenure at DOT I will regularly
consult with the Department's Office of General Counsel not only to
avoid any actual conflict of interest, but also the appearance of any
such conflict.
4. Describe any activity during the past.10 years in which you have
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 will divide my
answer into two parts: first, dealing with the final 2 years of my
previous Federal service; and second, with the immediate past 8 years,
during which I have been employed in the private sector.
First, while chief of staff at DOT, I was involved in several
particular issues that included direct negotiations with the Congress.
Working for Transportation Secretary Andrew Card, I was the
Department's senior Hill negotiator with the Congress for crafting
legislation that resolved a national railroad strike in 1992. In
addition, I had ongoing oversight of Senate confirmation preparations
for Department appointees and management of various other budgetary and
policy issues for which Department officials provided testimony or
other feedback to Members of Congress.
Second, while at Lockheed Martin IMS, I can recall no issue
regarding which I have lobbied, testified or otherwise directly sought
to affect Federal legislation. Once, on behalf of IMS, I filed written
comments with the Department of Transportation on a Request for
Information released by the Federal Highway Administration regarding
transponder standards for commercial vehicles. Also at IMS, I
periodically provided briefings, counseled with or answered questions
for various Department officials regarding IMS businesses in service to
State governments and other public agencies. For example, IMS has a
long-term contract to support HELP, Inc., a non-profit public-private
partnership under which some 21 State governments provide electronic
weigh station clearance services to the motor carrier industry. I have
worked directly with HELP's Board of Directors and with numerous states
to encourage adoption of this service--called PrePass--and to maximize
interoperability among systems that provide for electronic clearance
services. In addition, I have worked with numerous State governments
to' market or support IMS's ongoing electronic toll collection services
and electronic clearinghouse services.
While at the American Trucking Associations, I assisted ATA's
management team in formulating and advocating a wide range of public
policy positions that represented the interests of its members. My
particular areas of policy focus at ATA were international and
intermodal policy. While at ATA, I was only rarely involved in direct
discussions with public policymakers. During the initial year of my
employment at ATA, I was expressly prohibited from representing any
interests before the Department of Transportation.
5. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items. See answer to Questions C(1) and C(3), above, and refer to
Acting General Counsel's opinion letter.
6. Do you agree to have written opinions provided to the Committee
by the designated agency ethics officer of the agency to which you are
nominated and by the Office of Government Ethics concerning potential
conflicts of interest or any legal impediments to your serving in this
position? Yes.
d. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
for unprofessional conduct by, or been the subject of a compliant to
any court, administrative agency, professional association,
disciplinary committee, or other professional group? If so, provide
details. No.
2. Have you ever been investigated, arrested, charged or held by
any Federal, State, or other law enforcement authority for violation of
any Federal, State, county, or municipal law, regulation or ordinance,
other than a minor traffic offense? If so, provide details. No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in interest in an administrative agency
proceeding or civil litigation? If so, provide details? I have not been
personally involved in any such circumstances, nor have any such
actions been triggered by my actions. Several years ago, Lockheed
Martin IMS's Children and Family Services--a line of business within
IMS for which I had no direct responsibility--was involved in
litigation with California regarding a software development contract.
The case was tried and the court held fully in support of IMS. IMS is
part of a large corporation with numerous subsidiary businesses. I did
not materially participate in business matters outside IMS, and
therefore have no specific knowledge as to whether any of the many
Lockheed Martin firms or their predecessor organizations may have been
involved in an administrative agency proceeding or civil litigation.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? No.
5. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be considered in
connection with your nomination. None of which I am aware.
e. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines set by Congressional committees for information? Yes, to the
best of my ability.
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, to the best of my ability.
3. Will you cooperate in providing the committee with requested
witnesses, to include technical experts and career employees with
firsthand knowledge of matters of interest to the committee? Yes, to
the best of my ability.
4. Please explain how you will review regulations issued by your
department/agency, and work closely with Congress, to ensure that such
regulations comply with the spirit of the laws passed by Congress. I
will work with every mode to ensure that regulations meet the statutory
intent of legislation. Although the Administrative Procedure Act limits
Departmental communication during the rulemaking process, I will do my
best to keep Congress informed about the timetable and substance of
proposed regulations. At the same time, Members of Congress have stated
their interest in streamlining the rulemaking process so that
regulations are expeditiously promulgated. This is a top goal for
Secretary Mineta, and I expect to take a central role in making the
rulemaking process more accountable and efficient.
5. Describe your department/agency's current mission, major
programs, and major operational objectives. The Department of
Transportation's central mission is to support safe and efficient
transportation. The Department's core activities include direct
assistance as provided by law, regulatory oversight and enforcement,
operational safety services, public education and research.
The existing Strategic Plan establishes five operational objectives
for the Department of Transportation for 2000-2005. First, the
Department will promote health and safety by reducing the number,of
transportation-related injuries and deaths. Second, the Department will
improve mobility by delivering an accessible, affordable and reliable
transportation system for people and goods. Third, the Department will
support economic growth. Fourth, the Department will work to enhance
the human and natural environment. Fifth, the Department will ensure
the security of the national transportation system. While I agree and
certainly support these strategic objectives, if confirmed, I would
work with the Secretary to review the plan, enhance or refine it as
necessary, and manage the Department in support of these objectives.
6. 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.
f. general qualifications and views
1. How have your previous professional experience and education
qualified you for the position for which you have been nominated? As
discussed above, my professional work experience has focused on a wide
range of transportation policy issues. This includes positions in the
executive branch in two Administrations, and senior management roles
with a transportation trade association and a high-tech transportation
business. Early in my professional career, I was a college professor
doing teaching and research regarding American political institutions.
Collectively, these professional responsibilities have given me a
breadth of experience that I think is useful to a candidate for the DOT
Deputy Secretary position.
2. Why do you wish to serve in the position for which you have been
nominated? For a transportation professional, the opportunity to do
this particular job at this Department is an extraordinary honor and a
professional challenge that is without parallel. Moreover, working for
people you respect makes one's career a delight, and I very much admire
President Bush and Secretary Mineta. Finally, because the decisions
facing Federal transportation policymakers are so momentous, I'd relish
waking up each day to face this challenge.
3. What goals have you established for your first 2 years in this
position, if confirmed? The Department's mission is, above all, to
promote safety. My first objective would be to work to improve
transportation safety in all its facets, in all modes, every day.
Second, the U.S. faces an urgent imperative to ease congestion and
improve transportation efficiency. We face a serious capacity shortfall
that is choking our vital aviation system, and too many clogged
roadways or inadequate transit systems that rob American families and
businesses of time and money. From equipping our Coast Guard to save
lives at sea, to empowering the handicapped with access to robust
transportation systems, the challenges facing this Department are
intensely important.
The spirit of innovation is America's genius--and the Department
can do more to harness that genius to ease congestion, to streamline
and accelerate transportation improvements. If confirmed, I would
aggressively support Secretary Mineta, who is passionately committed to
meeting these twin goals of transportation safety and efficiency.
4. What skills do you believe you may be lacking which may be
necessary to successfully carry out this position? What steps can be
taken to obtain those skills? I would expect to refine and expand my
existing management and policy skills. It would certainly be necessary
to obtain a more up-to-date and detailed knowledge of the specific
policy and management challenges facing the Department. I would work
with the Department's staff, Administration officials, the Congress and
other relevant transportation stakehblders to enhance my understanding
of issues facing the Department.
5. Please discuss your philosophical views on the role of
government. Include a discussion of when you believe the government
should involve itself in the private sector, when should society's
problems be left to the private sector, and what standards should be
used to determine when a government program is no longer necessary. The
President spoke in his campaign of compassionate conservatism, and this
expression--however laden with the emotions of a close campaign--does
balance two touchstones that I fully embrace.
It is evident that much of America's economic prosperity is owed to
the significant investment that has been made by our government to
create an extraordinary transportation infrastructure. We cannot
continue to prosper without such investment. At the same time, the
Federal Government is itself often slow to innovate, and too reluctant
to act as an incubator for technology or services that can more
effectively be discharged with public-private partnerships.
Congress has wisely embraced an imperative periodically to
reexamine and reauthorize our fundamental transportation programs. In
the coming 4 years, the nation's core transportation programs will
receive such scrutiny. I believe that a systematic commitment to
continuous innovation within the Department will be essential to
forging an effective partnership between the Congress and the
Administration to meet our current transportation challenges.
It is difficult to define a single rule that could be used to
determine the manner and extent to which private sector investment and
management should take precedence over solutions that are funded and/or
managed exclusively by the public sector. Such decisions should flow
from a case-by-case examination of options. I do think that effective
public-private partnerships are an essential tool for addressing
transportation infrastructure investments. I am convinced that public
transportation policy decisions should, where consistent with the
public interest, encourage private sector solutions to transportation
problems. Much of the Department's Intelligent Transportation Systems
program has used Federal funding to test technology solutions that will
subsequently be deployed sometimes with private funding only, and on
other occasions with a combination of state, private and Federal
funding. The Federal Contract Tower Cost Share Program is a good
example of an ongoing, effective public-private partnership.
6. In your own words, please describe the agency's current
missions, major programs, and major operational objectives. The
Department of Transportation has a large and varied mandate with a core
commonality of purpose to: protect the safety of the traveling public;
manage complex nationwide transportation infrastructure investments;
increase the efficient movement of goods and people; encourage
transportation innovation as a tool to increase transportation
capacity; and regulate transportation industries in ways that guarantee
public safety while encouraging continued private sector investment in
transportation.
The Department's agencies and organizations, of course, have
specific programs and performance objectives that grow out of each
organization's unique history and statutory mission: The Federal
Aviation Administration has an important two-part focus: to provide
certification for civilian aircraft designs, and regulate ongoing
maintenance and flight operations to protect air safety; and to build,
maintain and operate the nation's air traffic control system. The
agency faces important challenges in modernizing the ATC system in
order to meet growing demand on the air traffic system. The Federal
Highway Administration has responsibility for our nation's core highway
and bridge program. Since passage of the landmark ISTEA and subsequent
TEA-21 legislation, FHWA's mission has grown to include an important
focus on promotion of intermodal transportation connections and
``Intelligent Transportation Systems.'' The newly-created Federal Motor
Carrier Safety Administration oversees not only vehicle safety but
operational safety and performance through regulations such as those
for commercial drivers licenses. The Federal Railroad Administration
regulates safety of equipment and operations of our nation's vital rail
transportation infrastructure. The Federal Transit Administration
assists states and communities by: providing transit services that
reduce urban congestion; supporting essential access to rural areas;
and providing mobility for Americans from all walks of life--including
those with disabilities. The Maritime Administration promotes the
vitality of a U.S. flag merchant marine in support of the nation's
defense capabilities. The National Highway Traffic Safety
Administration oversees safety standards for automobiles and other
vehicles in order to reduce fatalities and injuries resulting from
highway crashes. It supports research and public education activity on
a broad range of safety measures, and it sets fuel economy standards
for automobiles and light trucks. The Research and Special Programs
Administration oversees pipeline safety and the transportation of
hazardous materials. It also has especially important responsibilities
in managing the Department's response to hurricanes, earthquakes and
other emergency situations. The Saint Lawrence Seaway Development
Corporation operates and promotes its unique national waterway asset.
The United States Coast Guard oversees regulation of vessels and
seamen, and provides air and sea rescue services that, on average, save
ten lives daily. Recent years have given the Coast Guard enhanced
responsibilities in discharging its national defense obligations--
including routine deployments with the U.S. Navy--and with other
missions including drug interdiction and enforcement of fishing,
immigration and pollution statutes. The Bureau of Transportation
Statistics collects data and conducts research that makes the
Department operate more intelligently. It supports public policy
formation and business investment in the transportation sector. The
Office of the Secretary provides policy leadership, and management
oversight for the abovementioned Department components. It also
administers aviation economic regulatory fimctions, civil rights
functions and contracting appeals.
7. In reference to question No. 6, what forces are likely to result
in changes to the mission of this agency over the coming 5 years.
Increasing pressure on existing transportation networks will require
continuous improvement and refinement of the Department's mission and
focus. Global trade and interdependency will affect all modes of
transportation. The Department has unique responsibilities for
transportation security and protection of vital national transportation
interests--for example, in meeting the Coast Guard's national defense
mission, guaranteeing essential sealift and airlift capacity and
thwarting terrorist threats.
Congestion and consolidation in the surface freight transportation
and aviation industries will require thoughtful evaluation of how the
Department can best support intermodal freight and passenger movements.
Implementation of specific mandates such as the NAFTA truck access
provisions and ongoing open skies negotiations will contribute to the
ability of the United States to compete effectively in international
markets. It is essential that the Department aggressively support and
encourage technological innovation to increase mobility and
transportation efficiency. In doing so, we should be supportive of
public-private partnerships that can deliver transportation services.
In much of the Department's work, it will be necessary to balance
twin goals of environmental sensitivity with the requirements for
expanded transportation infrastructure investments. Doing this and more
at the Department of Transportation means we must attract and retain a
highly professional staff at the Department--a challenge that will
require focused management attention. Finally, I think we should be
willing continually to evaluate the Department's regulatory approach--
to throw out or refine what is no longer necessary and look anew at
technology and public policies that can help reduce transportation
fatalities and injuries.
8. In further reference to question No. 6, what are the likely
outside forces which may prevent the agency from accomplishing its
mission? What do you believe to be the top three challenges facing the
department/agency and why? With support of the Congress, the Department
can successfully meet its mission. I agree with and here paraphrase
Secretary Mineta's formulation of the top three challenges facing the
Department: (1) maintaining focus and effectiveness in a world that is
increasingly globalized, interconnected, and, I would add, consolidated
in the delivery of transportation services; (2) managing the Department
to meet its historical mission of protecting safety while innovating in
our service delivery; and (3) working with Congress to ensure that the
Department has adequate resources.
9. In further reference to question No. 6, what factors in your
opinion have kept the department/agency from achieving its missions
over the past several years. Although there are cases where the
Department has clearly failed to meet its mission objectives, I'd
prefer not to throw too many stones in this regard prior to having a
firsthand look. That being said, in several of the large-scale
Department procurements there has for years been an unacceptable
measure of resistance to change, a failure to think and manage
innovatively and insufficient financial and contracting discipline. If
confirmed, I'd welcome future discussions of ``lessons learned'' in
working with the Committee.
10. Who are the stakeholders in the work of this agency? Agency
stakeholders are the Congress, State and local elected officials, the
traveling public, transportation businesses, and the workers who build,
maintain and operate our nation's transportation systems. More broadly,
virtually all Americans are transportation stakeholders, as we all rely
on our nation's transportation network for delivery of essential goods
and services, delivered in a cost-effective and environmentally
sensitive manner.
11. What is the proper relationship between your position, if
confirmed, and the stakeholders identified in question number ten.
Secretary Mineta has stressed the importance of accessibility and
accountability as essential obligations of the Department. In
consultation with transportation stakeholders, I would listen, learn,
and work routinely with transportation stakeholders in discharging my
official duties.
12. The Chief Financial Officers Act requires all government
departments and agencies to develop sound financial management
practices similar to those practiced in the private sector. (a) What do
you believe are your responsibilities, if confirmed, to ensure that
your agency has proper management and accounting controls? The
Department has a centralized budgetary office led by the Assistant
Secretary for Budget and Programs. That individual also serves as the
Chief Financial Officer of the Department. The Department's Deputy
Secretary has historically had significant duties in managing day-to-
day operations of the Department, and, if confirmed, I would work
closely both with the Assistant Secretary and the Inspector General to
implement Departmental programs effectively.
Sound financial controls are utterly essential. Lack of such
controls means that, inevitably, the Department will squander precious
financial resources needed to support our mission. Based on my work in
private sector companies, I am convinced that the Department can profit
from more robust financial controls and improved management tools to
measure program performance and to track progress routinely. (b) What
experience do you have in managing a large organization? I have had
experience managing large organizations both in the public and private
sectors. With my earlier tour of duty at the Department of
Transportation, as chief of staff to the Secretary, I assisted with
management oversight of the full range of departmental activity. At
Lockheed Martin IMS, I was chief operating officer for a diverse,
nationwide technology business with revenues in excess of $100 million
annually.
13. The Government Performance and Results Act requires all
government departments and agencies to identify measurable performance
goals and to report to Congress on their success in achieving these
goals. (a) Please discuss what you believe to be the benefits of
identifying performance goals and reporting on your progress in
achieving those goals. I strongly support the Government Performance
and Results Act. This legislation requires the Department to establish
measurable program targets, and it has helped the Department develop a
coherent vision. I understand that over the past several years, the
Department's Strategic Plan has been cited as one of the strongest in
the Federal Government. Although I was not involved in the development
of this document, I will work to implement and constantly improve the
Strategic Plan. (b) What steps should Congress consider taking when an
agency fails to achieve its performance goals? Should these steps
include the elimination, privatization, downsizing or consolidation of
departments and/or programs? The Congress has a right to expect that
the Department will meet its core performance objectives. If the
Department or an agency fails to meet its goals, there should first be
an evaluation of the failure and subsequent dissemination of lessons
learned. It is important to empower managers to show energy and
innovation in government. At the same time, poor performance must have
consequences, individually and organizationally. Those certainly might
include eliminating, privatizing, downsizing or consolidating programs.
(c) What performance goals do you believe should be applicable to your
personal performance, if confirmed? Performance involves both integrity
and capability. First, simple honesty and the highest ethical standards
are the unalterable obligations. Members of the Committee have my
unequivocal assurance that they can expect nothing less from me.
Moreover, if confirmed, I would join the Secretary in insisting on the
same from all Department employees.
As Deputy Secretary, I would expect to be personally committed to
the full range of the Department's strategic goals, and personally
engaged in managing performance to those objectives. I would seek
direction from the Secretary in prioritizing those areas of specific
activity that would have my highest level of involvement.
14. Please describe your philosophy of supervisor/employee
relationships. Generally, what supervisory model do you follow? Have
any employee complaints been brought against you? I insist on high
ethical standards, set manageable goals, treat everyone with respect,
try to empower my colleagues to act with energy and professionalism,
measure performance with facts, celebrate success, and hold people
accountable for failure. I try to get out from behind my desk and see
what is actually happening with the enterprise. I value people who are
passionate about their views, who will argue with grace. The words
``because we've always done it this way'' light my fuse.
I am not aware that any employee complaints have been brought
against me in government or the private sector.
15. Describe your working relationship, if any, with the Congress.
Does your professional experience include working with committees of
Congress? If yes, please describe. If confirmed, I would expect to work
closely and regularly with Members of Congress on both sides of the
aisle. In past Executive Branch jobs I have worked intensively with
Congress on several matters, for example, on legislation needed to
resolve a 1992 rail strike. If confirmed as Deputy Secretary, it would
be a key priority to manage my time and that of other Department
executives to work closely, supportively and in a bipartisan manner
with Members of Congress and their staffs.
16. Please explain what you believe to be the proper relationship
between yourself, if confirmed, and the Inspector General of your
department/agency. The Inspector General and the Deputy Secretary must
have a close and candid working relationship. The Deputy Secretary is
responsible for management oversight of the Department's ongoing
operations, which historically has gained much from the work of the
Inspector General. The Inspector General brings an important,
statutorily protected independence to evaluating Departmental
performance, with reporting obligations to both the Secretary and the
Congress. This is an asset I respect and value. I have already read and
obtained valuable insights from the recent reports and testimony of the
current DOT Inspector General.
17. Please explain how you will work with this Committee and other
stakeholders to ensure that regulations issued by your department/
agency comply with the spirit of the laws passed by Congress. Members
of Congress are elected; Department of Transportation employees are
not. The Department must act with utmost diligence to ensure that duly
enacted laws are enforced. Its regulations must comply fully with the
letter and spirit of laws passed by Congress. In particular, I would,
if confirmed, work to achieve timely implementation of the Department's
regulatory agenda.
It is an essential obligation of the Department to consult
consistently and carefully on contemplated regulations with
transportation stakeholders, but most certainly with Congress. In its
administrative processes--and its core orientation to serve and learn
from the public--the Department must continually solicit broad
participation in rulemaking activity.
18. In the areas under the department/agency's jurisdiction, what
legislative action(s) should Congress consider as priorities? Please
state your personal views. Generally speaking: (1) actions that improve
transportation safety; and (2) implementing transportation policies and
infrastructure improvements to ease congestion and increase efficiency.
Although I have not yet fully studied all major policy and
management issues involving the Department, the following specific
areas evidently require the joint work and attention of the
Administration, including the Department, and Congress: The Federal
Aviation Administration's ATC modernization is a critical element in
meeting demand for our nation's air system. The congestion problem
will, I think, require commitments not only of the Federal Government,
but of the aviation industry and airport operators alike;
Reauthorization of AIR-21 and TEA-21, although not imminent, will offer
important opportunities to ease congestion and improve air, highway and
transit programs. I would welcome an opportunity to work with President
Bush, Secretary Mineta and the Congress to assess what is working and
what improvements need to be incorporated into these vital
reauthorization efforts; In the near-term, completion of reauthorizing
legislation at NHTSA, RSPA, FRA, MARAD and the U.S. Coast Guard, are
also essential legislative priorities to provide ongoing support to the
Department's mission; To maintain the Coast Guard's ability to
discharge its growing and vital mission, support for the deepwater
asset replacement program and support for ongoing operations is
essential; A full assessment of what is needed and possible for
maintaining a viable national passenger rail service will be needed;
Finally, I would hope to work with the Secretary and Congress to
strengthen the Department's ability to manage important economic and
regulatory decisionmaking related to issues such as airline mergers and
route decisions, NAFTA implementation, and intelligent transportation
systems technology.
19. Within your area of control, will you pledge to develop and
implement a system that allocates discretionary spending based on
national priorities determined in an open fashion on a set of
established criteria? If not, please state why. If yes, please state
what steps you intend to take and a timeframe for their implementation.
I strongly believe that discretionary funds must be allocated on a
fair, fixed and published set of criteria. Funding musi, of course,
reflect the statutory intent of authorized programs. I will familiarize
myself with the 1998 Inspector General's report on discretionary
programs and the Committee's hearings on this issue. I also wish to
evaluate personally the effect of Congressional earmarking on FHWA, FTA
and FAA discretionary programs as rapidly as possible.
The Chairman. Thank you very much.
Ms. Becker, welcome.
STATEMENT OF BRENDA L. BECKER, ASSISTANT SECRETARY-DESIGNATE
FOR LEGISLATIVE AND INTERGOVERNMENTAL AFFAIRS, U.S. DEPARTMENT
OF COMMERCE
Ms. Becker. Thank you, Senator Burns and Senator Lott for
the kind remarks, and thank you Mr. Chairman, Mr. Hollings and
members of the Committee. I do want to thank, I really
appreciate all your staff work and courtesies that all of the
people here have afforded me and the other staff.
I also, I have already obviously introduced my family but
there are some people over at the Department of Commerce that
have been invaluable to me as I've started over there in the
last several weeks and they are Karen Swanson-Woolf, Mike
Levitt, Vicki Horton and Jim Schufreider, and I know many of
you have worked with them. They are the stability at the
Department of Commerce and I find them to be extremely
dedicated and committed and I just really want to thank them. I
am truly honored and humbled to be here today in front of and
you I will work very hard and diligently to respond to all of
your requests, both sides of the aisles, Governors in the
states, and State legislators to advance not only the
Administration's agenda, but also the Department of Commerce's
agenda, and I really look forward to working with you.
I do have a prepared statement for the record and I am
prepared to answer any questions you have for me today and
thank you.
[The prepared statement and biographical informational of
Ms. Becker follow:]
Prepared Statement of Brenda Jane Larsen Becker,
Nominated to be Assistant Secretary for Legislative and
Intergovernmental Affairs, Department of Commerce
Mr. Chairman, Members of the Committee, it is a pleasure for me to
appear before you today as the nominee for Assistant Secretary for
Legislative and Intergovernmental Affairs for the Department of
Commerce. I sincerely appreciate the courtesies that the Committee and
the Staff have afforded me during this process.
In addition, I want to thank my family and friends--especially my
husband Jeff, who has made it possible for me to pursue this position
in the Administration. My daughter--Megan and son--Max. Also I want to
recognize and thank another very influential and special person in my
life--my father. My Dad has served as my role model and has inspired me
to seek public service.
I am honored and humbled to have been nominated to serve President
Bush and the American people. I am also very grateful to Secretary
Evans for the confidence he has shown in me by recommending me for this
job. I am dedicated and look forward to serving in the public interest
through the many programs and services provided by the Department of
Commerce. The reward for me is the opportunity to work on issues that
touch the lives of every American. The impact of the Department's
programs on the day-to-day lives of Americans from the weather and
ocean services to trade and economic development are extraordinary, and
I hope to have the opportunity to tell that story.
Throughout my professional career at Blue Cross and Blue Shield, I
have worked in the public policy arena to further the goals of a large
organization in a way that included stakeholders, respected a diversity
of views, developed consensus, effectively communicated an agenda, and
achieved results for the organization. If confirmed, I believe these
experiences have prepared me well for the challenges I will face at the
Department of Commerce.
In my view, the Department of Commerce supports and promotes
American business abroad to expand the trade and exports of those
companies, which will hopefully result in a better economy for the
American people. The Department of Commerce, as the voice of business
within the Administration, has long been a leader in advocating and
using market-oriented regulatory approaches in lieu of traditional
command-and-control regulations when such approaches offer a better
alternative.
The diverse mission of the Department of Commerce, as noted by
Secretary Evans in his confirmation hearing, is ``to foster a
marketplace where ideas and energy can thrive; where the
entrepreneurial spirit indeed will flourish.'' In this new millennium,
the changing world driven by a global marketplace and technological
innovations make for a very interesting and exciting time at the
Commerce Department. I believe that the Department can serve a critical
role in enabling people to achieve a greater level of freedom and
independence for themselves and their families. While there may be
changes to particular programs through the authorizations and
appropriations processes, I believe that the fundamental mission of the
Department will continue to be rooted in the principle of improving the
climate of economic opportunity for all Americans.
There are a number of major programs within the Department of
Commerce (DOC), ranging from export enforcement and trade in the Bureau
of Export Administration and International Trade Administration, to
weather, water, climate, oceans, and fisheries programs of the National
Oceanic and Atmospheric Administration. In addition, the Department has
major economic development programs through the Economic Development
Administration and the Minority Business Development Agency. Other
major programs of the Department deal with technical standards,
statistics and critical economic data. The Patent and Trademark
programs are of vital interest to American business, inventors and
entrepreneurs. No other Department is arguably more involved with
technology and enabling American business to develop, manufacture and
export technology for peaceful purposes. The Technology Administration,
the National Institute of Standards and Technology and the National
Telecommunications and Information Administration all play key roles in
that effort.
As Secretary Evans stated, the major operational objectives of the
Department are to ``direct the Department's great and diverse resources
to the common cause of fostering economic strength at home and
abroad.'' He intends for the Department to work well for all Americans,
and I am committed to helping him and the President achieve that goal.
More specifically, with regard to the operations of the Office of
Legislative and Intergovernmental Affairs, my goal is to work with the
Secretary of Commerce and the DOC Bureaus to advance the President's
agenda as it relates to the programs and activities of the Department
of Commerce.
Second, in order to accomplish that goal, I will work with the
Department to assemble a dedicated team of professionals, new hires and
career civil servants, to educate and inform Members of Congress,
Governors, and their staffs, as to the needs, challenges and strengths
within the Department's diverse programs.
Third, if confirmed, my team will work in a coordinated fashion
with the other key elements of the Department in order to respond to
every Member of Congress and every Governor in all 50 states including
the U.S. territories as rapidly as possible and with the best
information available. Informing and responding to Members of Congress,
Governors, and their staffs, I believe is the major overwhelming
mission of the Office. I will work to develop a relationship with our
stakeholders and to treat all stakeholders fairly, without regard to
position or party.
While I have much to learn, I believe I bring a useful new
perspective to this position based on years of experience in the
private sector. Working with the talented, experienced and dedicated
employees of the Commerce Department, we must find new and better ways
of doing the business of the Commerce Department.
Over the last several months, I have learned that the American
people are ultimately the stakeholder in the work at the Department of
Commerce. The Department's diverse programs and activities touch all
Americans. From weather forecasts to economic development assistance,
the Department's breadth and scope of programs help make all Americans
more productive every day. There are more specific stakeholders, first
and foremost among those in Congress. There are numerous others, such
as scientists, trade experts, economists, inventors, statisticians,
broadcasters, and business leaders. The Department's many programs
touch those constituencies and many more.
Mr. Chairman, if confirmed you have my commitment for an open and
honest dialog to work together to build partnerships and work together
with you and the Committee to find solutions that best serve the needs
of the American public. My task will be to assist the Secretary and the
Administration in sharing their views and objectives with this
Committee and other Members of the House and Senate, as well as taking
your concerns and views back to the Department and the administration.
If I am confirmed, I want to work on enhancing a partnership with the
Department on rekindling a spirt of hope and optimism in this country,
and I look forward to playing a role in that effort with the help of
you and this Committee.
Thank you Mr. Chairman for the opportunity to be here today. I am
prepared to answer any questions.
______
a. biographical information
1. Name: Brenda Jane Larsen Becker, Brenda Becker.
2. Position to which nominated: Assistant Secretary for Legislative
and Intergovernmental Affairs--Department of Commerce.
3. Date of Nomination: March 29, 2001.
4. Address: Information not released to the public.
5. Date and place of birth: October 6, 1959; Mt. Clemens, Michigan.
6. Marital status: Married, Maiden name: Larsen.
7. Name and ages of children: Megan Elizabeth Becker, 9; Jeffrey
Maxwell Becker, 6.
8. Education: Attended Michigan State University from 1977-1981,
Bachelor's of Art in Political Science degree granted in June 1981;
Attended Central Michigan University from 1982-1985--Master's of Art in
Business degree granted in August 1985.
9. Employment Record: 1981-1985, Blue Cross and Blue Shield of
Michigan: Policy analyst, Senior Projects Coordinator, 1985-2001, Blue
Cross and Blue Shield Association: State Services Representative:
Manager, State Services; Political Action Committee Director; Director,
Congressional Communications; Executive Director, Congressional
Communications; Vice President, Congressional Communications.
10. Government Experience: None.
11. Business Relationships: Officer: Blue Cross and Blue Shield
Association--1998-2001.
12. Memberships: Member of Woodmore Country Club. See attached
addendum for history of memberships.
13. Political Affiliations and activities: (a) None. (b) Chairman,
Republican National Committee's Majority Fund program; Co-Chairperson
of the Republican House-Senate Dinner; have participated in activities
for the National Republican Congressional Committee and the National
Republican Senatorial Committee (See attached addendum). (c)
Contributions*: BluePac (I have given to the Pac for many years, but
this is all the information I could obtain): 1997--$440, 1998--$650,
1999--$650, 2000--$650; Candidates: 9-29-98, Musser for Congress--$500,
3-31-99/6-30-99, Allen for Senate--$250/$500; 4-29-99/6-11-99,
Elizabeth Dole for President--$250/$750; 11-26-99/5-30-00/7-20-00, Bush
for President--$500/$1000/$500; 10-30-00, Republican National
Committee--$500.
---------------------------------------------------------------------------
* This is the best of my knowledge--do not have records except
Federal Elections Commission.
---------------------------------------------------------------------------
14. Honors and awards: None.
15. Published Writings: None.
16. Speeches: None.
17. Selection: (a) I was selected for this position because of my
experience in the field of government relations. (b) My background in
both State and Federal government relations and my leadership and
management experience provides me with the qualifications for this
position.
b. future employment relationships
1. Will you sever all connections with your present employers,
business firms, business associations or business organizations if you
are confirmed by the Senate. Yes.
2. Do you have any plans, commitments or agreements to pursue
outside employment, with or without compensation, during your service
with the government? No.
3. Do you have any plans, commitmentsor agreements after completing
government service to resume employments, affiliations or practice with
your previous employer, business firm, association or organization? No.
4. Has anybody made a commitment to employ your services in any
capacity after you leave government service? No.
5. If confirmed, do you expect to serve out your full term or until
the next Presidential election, whichever is applicable? Yes, that is
my intention.
c. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements and other continuing dealings with business associates,
clients or customers? None.
2. Indicate any investments, obligations, liabilities, or other
relationships, which could involve potential conflicts of interest in
the position which you have been nominated? None.
3. 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.
4. Describe any activity during the past 10 years in which you have
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 pubic policy. I have been with
the Blue Cross and Blue Shield organization for 20 years and have
lobbied Health Care and Insurance related issues on Capitol Hill during
that time.
5 Describe your department/agency's current mission, major programs
and major operational objectives. In my view, the Department of
Commerce has the mission to support and promote American business
abroad to expand the trade and exports of those companies, which will
hopefully result in a better economy for the American people.
More specifically, with regard to the operations of the Office of
Legislative and Intergovernmental Affairs, our objective is to serve as
the best possible liaison between the Department of Commerce and the
Congress, and between the DOC and State and local governments. I
believe that by facilitating communications between the DOC and the
Congress, I can help promote the Department's objective to support
American business.
6. 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.
f. general qualifications and views
1. How have your previous professional experience and education
qualify you for the position in which you have been nominated?
Throughout my professional career at Blue Cross and Blue Shield, I have
worked to further the goals of a large organization in a way that
included stakeholders, respected a diversity of views, developed
consensus, effectively communicated an agenda, and achieved results for
the organization. If confirmed, I believe these experiences have
prepared me well for the challenges I will face at the Department of
Commerce.
2. Why do you wish to serve in the position for which you have been
nominated? I am honored and humbled to be nominated to serve the
President and the American people as the Assistant Secretary for
Legislative and Intergovernmental Affairs. I have spent my career
working in the public policy arena and if I am confirmed, this will be
an opportunity for me to use my talents for public service.
3. What goals have you established for your first two years in this
position, if confirmed? If confirmed, my foremost goal is to work with
the Secretary of Commerce and the DOC Bureaus to advance the
President's agenda as it relates to the programs and activities of the
Department of Commerce.
Second, in order to accomplish that goal, I will work with the
Department to assemble a dedicated team of professionals, new hires and
career civil servants, to partner, educate and inform Members of
Congress, Governors, and their staffs, as to the needs, challenges and
strengths within the Department's diverse programs.
Third, if confirmed, my team will work in a coordinated fashion
with the other key elements of the Department in order to respond to
Member and Governor inquiries as rapidly as possible, with the best
information available.
4. What skills do you believe you may be lacking which may be
necessary to successfully carry out this position? What steps can be
taken to obtain those skills? The Department of Commerce and its nine
bureaus is very diverse and I am certainly not an expert on all of the
issues facing this agency, however, if confirmed, I will build a team
with expertise and do what it takes to learn the issues.
5. Please discuss your philosophical views on the role of
government. Include a discussion of when you believe the government
should involve itself in the private sector, when should society's
problems be left to the private sector, and what standards should be
used to determine when a government program is no longer necessary. The
primary role of the government is to protect our freedom. With respect
to the private sector, the government's role should be a facilitator
providing incentives to promote market growth and to help people become
independent. Government should not be a barrier to growth. As with any
program or project that is evaluated, if it is not meeting the stated
objective than it should be revised to meet a new need or eliminated.
6. In your own words, please describe the agency's current
missions, major programs, and major operational objectives. I agree
with the Secretary's statement at his confirmation hearing that the
mission of the Department of Commerce is to ``foster a marketplace
where ideas and energy can thrive; where the entrepreneurial spirit
indeed will flourish.'' I believe the Department can serve a critical
role in enabling people to achieve a greater level of freedom and
independence for themselves and their families.
There are a number of major programs within the DOC, ranging from
export enforcement and promotion of trade in the Bureau of Export
Administration and International Trade Administration, respectively, to
weather, water, climate, oceans and fisheries programs at NOAA. In
addition, the department has major economic development programs
through the Economic Development Administration and the Minority
Business Development Agency. Major programs of the Department deal with
technical standards, statistics and critical economic data. The Patent
and Trademark programs are of vital interest to American business,
inventors and entrepreneurs. No other department is arguably more
involved with technology and enabling American business to develop,
manufacture and export technology for peaceful purposes. The Technology
Administration, NIST, and NTIA all play key roles in that effort.
As Secretary Evans stated, the major operational objectives of the
Department are to ``direct the Department's great and diverse resources
to the common cause of fostering economic strength at home and
abroad.'' He intends for the Department to work well for all Americans,
and if confirmed, I am committed to helping him and the President
achieve this goal.
7. In reference to question number six, what forces are likely to
result in chamyes to the mission of this agency over the coming years?
I believe the mission of the Department will continue to be to foster a
marketplace where ideas and energy can thrive and where entrepreneurial
spirit will flourish. While there may be changes to particular programs
through the authorization and appropriations processes, I believe that
fundamental mission of the Department will continue to be rooted in the
principle of improving the climate of economic opportunity for all
Americans.
8. In further reference to question number six, what are the likely
outside forces, which may prevent the agency from accomplishing its
mission? What do you believe to be the top three challenges facing the
department/agency and why? It is difficult to foresee what outside
forces will come into play, but I am confident that the DOC will
confront all challenges and develop creative solutions to overcome
obstacles that might threaten our success.
I am not certain I can place a ranking on the challenges facing the
DOC and am advised that among the many difficult tasks before it are:
(1) helping the President obtain trade promotion authority; (2)
preparing for the best possible census for year 2010; (3) acting as a
responsible steward of your Nation's ocean resources, without unduly
encumbering America's business; and (4) revising our Nation's export
control laws in a manner that in the first instance, protects our
national security, but also allows our businesses to remain competitive
in the international marketplace.
9. In further reference to question number six, what factors in
your opinion have kept the department/agency from achieving its
missions over the past several years? My prior work experience was
related to health care. I cannot speak from personal knowledge about
the past successes or failures at the Commerce Department.
10. Who are the stakeeholders in the work of this agency? The
American people are ultimately the stakeholders in the work at the
Department of Commerce. The Department's diverse programs and
activities touch all Americans. From weather forecasts to economic
development assistance, the Department's breadth and scope of programs
help make all Americans more productive every day. There are more
specific stakeholders, first and foremost among those in Congress.
There are numerous others, such as scientists, trade experts,
economists, inventors, staticians, broadcasters and business leaders.
The Department's many programs touch those constituencies and many
more.
11. What is the proper relationship between your position, if
confirmed, and the stakeholders identified in question number 10? The
appropriate relationship is to build partnerships and work together to
find solutions that best serve the needs of the American publlc.
The Office of Legislative and Intergovernmental Affairs is
primarily focused on informing and responding to Members of Congress,
Governors, and their staffs. I believe the mission of the Office is to
be as responsive as possible to each and every Member of Congress and
Governor with the best information possible. I will work to develop a
relationship with our customer and treat all fairly regardless of their
position or party.
12. The Chief Financial Officers Act requires all government
departments and agencies to develop sound financial management
practices similar to those practiced in the private sector. (a) What do
you believe are the responsibilities, confirmed, to ensure that your
agency has proper management and accounting controls? If confirmed, my
accountability will be to fully understand the laws that govern the DOC
and to work with the appropriate officials to ensure that these
requirements are implemented. (b) What experience do you have in
managing a large organization? As an officer of the Blue Cross Blue
Shield Association, I was responsible for managing a department and a
budget.
13. The Government Performance and Results Act require all
government departments and agencies to identify measurable performance
goals and to report to Congress on their success in achieving these
goals. (a) Please discuss what you believe to be the benefits of
identifying performance goals and reporting on your progress in
achieving these goals. Every organization needs objectives to give them
a common purpose for functioning. I believe that you need to know what
you are trying to achieve so there is a clear set of expectations.
Also, it is important to measure those goals so you know if you are
successful. (b) What steps should Congress consider taking when an
agency fails to achieve its performance goals? Should these steps
include the elimination, privatization, downsizing or consolidation of
departments and/or programs? If an agency is not meeting its
objectives, Congress will need to work with the Department to evaluate
the program or initiative and take steps to put a performance
improvement plan in place. If that does not work, then further action
may need to be taken on a new direction. (c) What performance goals do
you believe should be applicable to your personal performance, if
confirmed? If confirmed, I expect to be held accountable for serving as
an effective Congressional liaison and for assuring that the Commerce
Department has the best possible relations with Members of Congress.
14. Please describe your philosophy of supervisor/employee
relationships. Generally, what supervisory model do you follow? Have
any employee complaints been brought against you? My management style
is to hire talented individuals, give them clear objectives and
expectations and then empower them to do their job. I have been in a
management position for over 10 years and I have only had one
complaint.
15. Describe your working relationship, if any, with the Congress.
Does your professional experience include working with committees of
Congress? If yes, please describe. I have never held a position working
for a Member of Congress or on a Committee; however, I have developed
professional relationships with Members of Congress and their staffs as
a lobbyist.
16. Please explain what you believe to be the proper relationship
between yourself, if confirmed, and the Inspector General of your
department/agency. The role of the IG is the same as an auditor in the
private sector. I worked closely with the auditor at Blue Cross and
Blue Shield to make sure that the proper processes and checks and
balances were in place to assure compliance with all applicable rules
and guidelines. This included bringing items of concern to the auditor
to be reviewed If confirmed, I will continue this with the IG at the
Department of Commerce.
I am committed to being responsive to any and all requests received
by the Inspector General's office.
17. Please explain. how you will work with this Committee and other
stakeholders to ensure that regulations issued by your department/
agency comply with the spirit of the laws passed by Congress. The DOC,
as the voice of business within the Administration, has long been a
leader in advocating and using market-oriented regulatory approaches in
lieu of traditional command and control regulations when such
approaches offer a better alternative. While not principally a
regulatory agency, all regulations of the Department are designed and
implemented to maximize societal benefits while placing the smallest
possible burden on those being regulated.
The Office of Legislative and Intergovernmental Affairs does not
itself issue regulations and is not typically involved in the review of
regulations issued by agencies of the Department. However, to the
extent that I do participate in the regulatory review process, I will
ensure that regulations issued by the DOC comply not only with the
letter, but also the spirit of the laws passed by Congress.
18. In the areas under the department/agency's jurisdiction, what
legislative action(s) should Congress consider as priorities? The
Administration and the Department, through the budget process, will
articulate the priorities for the Department as a whole. The
Department's legislative priorities will be those that further the
Administration and DOC's goals of fostering a marketplace where ideas
and energy can thrive and where the entrepreneurial spirit can
flourish. Certainly the Department's appropriations are a priority, as
will those Administration initiatives contained in the President's
budget request. In addition, there will be specific legislative efforts
having to do with the reauthorization of certain Department programs.
If confirmed, I look forward to working with the committee on those
issues.
19. Within your area of control, will you pledge to develop and
implement a system that allocates discretionary spending based on
national priorities determined in an open fashion on a set of
established criteria? If not, please state why. If yes, please state
what steps you intend to take and a time frame for their
implementation. If confirmed, I will work with the Department Bureaus,
OMB and Congress to ensure that all spending is based on national
priorities determined in an open fashion.
The Chairman. Thank you. Both of your prepared statements
will be made part of the record. Your full statements will be
made part of the record.
Mr. Jackson, as Secretary of Transportation, Secretary
Mineta has agreed to be recused from personal and substantial
participation in particular matters having a direct and
predictable effect on the financial interest of Lockheed Martin
Corporation.
Meanwhile, you have agreed if appointed to be Deputy
Secretary to be recused for 1 year from participation in any
particular matter involving specific parties in which, to your
knowledge, Lockheed Martin IMS is a party or represents a party
in the matter unless your participation is authorized pursuant
to the regulations of the Office of Government Ethics.
In responses to pre-hearing questions you also stated you
would regularly consult with the Department's Office of General
Counsel to avoid even the appearance of a conflict of interest.
In order to avoid the appearance, if not an actual conflict of
interest, do you believe it would be necessary to recuse
yourself from departmental matters affecting Lockheed Martin
Corporation, not just Lockheed Martin IMS?
Mr. Jackson. Senator, I have consulted with the career
counsel at the Department on that issue and their
recommendation was that it was not necessary to recuse myself
from the corporation. My work for Lockheed Martin IMS was
unrelated to the larger work of the corporation. I would say to
you, however, that I am mindful that it is important to avoid
not only a conflict, as you say, but any appearance of a
conflict. So I am happy to consult with counsel and, consult
with you, if you feel that a larger recusal is necessary. That
is something I'd be most happy to talk through and do the right
thing on.
The Chairman. Would your more narrow recusal have prevented
you from being involved with a recently reported FAA decision
to skip the competitive bidding process to award an air traffic
control project to Lockheed Martin?
Mr. Jackson. I am currently recused from everything related
to Lockheed Martin Corporation based upon a need to remove
retirement funds from the corporation's retirement fund. But if
I were operating under the proposed guidance of the general
counsel, it would not have been necessary to be recused in that
matter. I understand that matter is something that has been
underway for some period of time. What I know about it,
honestly I've read in the newspaper.
The Chairman. Well, let me just say we would like to work
with you to make sure that we avoid any appearance of a
conflict and we can have some conversations between now and
when your nomination moves to the floor, although that will be
very shortly. We intend to move both your nominations as
quickly as possible.
Just one more question. Mr. Jackson, I am concerned about
comments made recently by Secretary Mineta regarding the
Justice Department's review of pending airline mergers and
acquisitions. Secretary Mineta reportedly remarked the Justice
Department was not considering the views of the Transportation
Department. He told them to ``butt out,'' with regard to the
mergers reviews.
Given that the Transportation Department is required to
advise the Justice Department on airline mergers which are of
the utmost importance to the traveling public, I find it
disturbing to hear comments such as these.
Have there been any subsequent attempts to get the Justice
Department to work more closely with the transportation
department on airline merger reviews?
Mr. Jackson. Mr. Chairman, I am happy to report that
subsequent to those comments from the Secretary, there have
been good and candid and professional exchanges on these topics
and the Secretary, I believe, feels that we are making good
progress in being able to work to provide a broader range of
input to the Justice Department in their review of these
antitrust matters.
The Chairman. I am glad to hear that because clearly the
Justice Department cannot operate in a vacuum without the input
and knowledge and information of the Department of
Transportation and these mergers have been a subject of great
concern to the American public as well as to members of this
Committee.
Ms. Becker, just one question for you. A big issue in
Congress this year is election reform. Senator Hollings,
Senator Cleland and I have introduced legislation to help
states update their voting machine technology.
Can you briefly discuss the Department's position on our
legislation to direct the National Institute of Standards and
Technology to establish voting system standards and test vote
counting machines?
Ms. Becker. My understanding at this point in time is we're
reviewing that and looking at NIST's role and your legislation
and I think we have been supportive in the past of looking at
those standards and measures and will continue to do so.
The Chairman. Thank you. Senator Stevens.
Senator Stevens. Thank you very much, Mr. Chairman. Mr.
Jackson, the Committee I chair is often subject of some
comments, including from some of my friends, about our pork. I
have been looking into the subject of the excessive spending of
Departments and I've found several projects that really need a
lot of attention.
I think one of them is the Big Dig in Massachusetts
originally scheduled to be about $2.4 billion. I am told it is
over $10 billion now and it is going to require more money this
year from our Committee.
I want to commend to you to talk to the Secretary about the
excess spending on projects that far exceed the estimates given
to our Committees, particularly the Appropriations Committee in
connection with the authorization and appropriation of funds
for projects such as the Big Dig.
I think it is time that we had some attention paid to
wasteful excesses as well as to some of our add-ons that come
from individual members. I am going to spend some time on that
this year and I hope you will tell him we are going to spend a
lot of time on the Big Dig.
Ms. Becker, I hope to get your Secretary to Alaska sometime
this year. As you know, we have an enormous fishery problem up
there, related to the Steller sea lion, so I commend to you the
subject and hope you can give him some advice and help me get
him up there soon.
Ms. Becker. As long as I can come with him.
[Laughter.]
Senator Stevens. It is very nice in the winter.
[Laughter.]
Ms. Becker. I would rather come to Arizona in the winter.
[Laughter.]
Senator Stevens. You ought to bring the family too. We
ought to teach those two kids how to fish. Thank you very much.
The Chairman. Senator Stevens, before I turn to Senator
Burns, we have had a lot of interest in the Big Dig. We have
had a couple of hearings in the past and tried to put a cap on
it. It is now up to $13.5 billion. There is a recent report by
the Inspector General of the State of Massachusetts, not of the
Inspector General at the Department of Transportation, talking
about excessive overruns and problems. The allegations of the
Inspector General of the State of Massachusetts were ignored by
State officials.
It is a terrible situation and I am very pleased to hear
that you are committed to trying to see, to look at this. It is
now the single most expensive public works project in the
history of this Nation and a lot of books are going to be
written about these cost overruns and the incredible waste of
the taxpayers' dollars and I thank you for being involved.
Senator Burns. Senator Stevens. Just one comment. I was
amazed when I saw the record of the fees and charges that were
paid out of Federal funds to State agencies for review of the
plans of people who received the contracts to proceed with
that--I think there is a lot that needs to be done with regard
to the charges the states impose upon Federal projects
indirectly by putting those charges and making the contractors
pay for those charges. But it will be an interesting hearing,
Mr. Chairman. Thank you.
The Chairman. Senator Burns.
Senator Burns. Thank you very much, Mr. Chairman. I just
have a statement more than anything else for Ms. Becker.
We are really running a little bit late here on this
Committee with regard to some telecommunications policy
decisions and a lot of that is just because we just have not
had anybody down at Commerce that was in place with NTIA so far
and that is a very, very important position there. And I would
ask that the Department of Commerce move very expeditiously in
getting a person there because that will formulate the policy
of this Administration on which direction they want to go as
far as telecommunication is concerned.
It is very, very important for the simple reason that
coming out of Quebec City, as we talk to, of all people, the
Department of Agriculture and the Secretary of Agriculture
saying that in this hemispheric type situation of trade that
telecommunications will be the cornerstone to make it work and
to make it work for everybody involved in the hemisphere.
And so my message to the Commerce Department is that I
would like to see them move in that direction and to get us a
person up here and get them confirmed because that is a very,
very important position down there as far as this Committee is
concerned, and I congratulate you on wanting to do this and I
know you will just do a great job and that is the only thing I
have, Mr. Chairman.
The Chairman. Thank you very much.
Senator Hutchison.
STATEMENT OF HON. KAY BAILEY HUTCHISON,
U.S. SENATOR FROM TEXAS
Senator Hutchison. Thank you, Mr. Chairman. I am very
pleased to be here and say that I am going to support both of
your nominations to your respective positions. I have several
concerns.
First, as Chairman of the Aviation Subcommittee, I am very
concerned with the clogged airports, the clogged air traffic
control system and the inability of passengers to have a real
feeling that they can rely on on-time service for airlines when
they take an airline. So I am introducing legislation,
hopefully it will be on the same markup with your nomination
that will attempt to streamline the environmental reviews that
will define on-time service as when an airplane takes off
within 20 minutes of the time that it is supposed to take off,
rather than how long it sits on the runway. And one of the
parts of my bill also allows antitrust exemptions for airlines
to be able to talk about scheduling.
Now, I have a question about whether we need to give that
exemption and I want to give it if it is necessary but why
cannot the representative of an airline walk out to the monitor
in an airport and see that there are 20 flights all scheduled
at 8:15 and knowing that that cannot possibly be possible, why
cannot they adjust their schedules without the need to sit down
and talk about it beforehand. It is very public, these
schedules.
Mr. Jackson. Senator, the congestion problem that you
mentioned is a very, very high priority of Secretary Mineta and
the Department and we look forward to working with you and the
Committee to address that very difficult problem.
On the particular issue of the scheduling, the Secretary
has said that he is looking at the question of whether some
limited antitrust immunity might be helpful or not, but we have
also been looking very carefully at some experience of
techniques that did not require such a step and he is actively
reviewing those. There have been some recent examples of
individual airlines stepping up to the plate and trying to
address the scheduling problems on their own accord at
specifically congested airports.
Senator Hutchison. Do you think monetary incentives for
airlines to delay a flight schedule would be helpful?
Mr. Jackson. I would like to look at that question. The
Administration hasn't taken a position on congestion pricing at
this juncture, but I think that the State of the conversation
obliges us to look at every single option very carefully and I
would look forward if confirmed to doing that with you.
Senator Hutchison. We certainly will want to hear from you.
The other major concern that I have relates to my State in
particular, but also to other States as well.
My State has really been discriminated against in gaining
access to Heathrow Airport. I have three of the ten largest
cities in America in Texas and not one of them can fly directly
to Heathrow. We have been bypassed in the last bilaterals and I
am furious about it, frankly. I think the Department of
Transportation is to blame. I think they made a bad deal and I
think it is absolutely ridiculous that the number of passengers
that would like to fly directly to Heathrow but do not have
that ability because the DOT made a bad decision.
There are other places where I think we ought to be gaining
additional access. Hong Kong is another destination where you
were supposed to be going into negotiations and now you've put
those off until June. I want to know what the status is of
direct access to Heathrow and the bilaterals with Great Britain
and the situation with Hong Kong.
Mr. Jackson. Senator, on the Hong Kong issue the Secretary
hit the pause button on those negotiations temporarily in order
to assure himself that the Administration's position supporting
open skies and broadest possible liberalization for our
aviation bilaterals would be possible and would be pursued with
aggressiveness by the Department and by the Administration.
He has had a good conversation I understand recently last
week with his counterpart there and it is our expectation that
we would resume those negotiations with Hong Kong. And on the
issue of the Heathrow, I understand your frustration. You and I
had the opportunity to discuss this issue.
In my previous tour of duty at the Department, this was a
bone of contention and a problem we had not resolved. I find
myself back here 8 years later and it is still unresolved. What
I would tell you is that it is very much on the Secretary's
radar screen and it is very much on my radar screen and we will
work on that issue.
Senator Hutchison. Well, I think at some point we have to
renounce the bilaterals and start all over again because we are
at a terrible disadvantage and there are other cities, I am
sure, that should be eligible and are seeking that same kind of
service but I think it is egregious that we do not have service
from Dallas or Houston. Houston is now trying, and I am going
to do something pretty drastic if we do not see some movement.
I am saying my patience is really run out on that issue and
I will be looking at the Hong Kong issue and I hope we can just
go forward in this Administration with open skies rather than
narrow bilaterals. I thank you.
The Chairman. Senator Smith.
STATEMENT OF HON. GORDON SMITH,
U.S. SENATOR FROM OREGON
Senator Smith. Thank you, Mr. Chairman. Brenda and Michael,
I count you both as friends and look forward to supporting you.
I am very gratified by your appointments and know you will do a
superb job.
Michael, I read your testimony and I appreciate your
comment about just the whole issue of capacity. I believe our
country is not investing in enhanced capacity and I want to
encourage you to come up with planning for increased capacity
in every area, rail, shipping, roads, airports, all of that. We
really need your Department to turn on the lights for America
as to how big a problem we have.
I recently became aware of just how vulnerable we are in
terms of rail shipment of commerce and how easily we frankly
can have interruptions that will put a lot more stress on our
roads if we do not increase the capacity of our rails, and so I
hope that will be a real focus for you.
If you have any comment about that, I would like to hear
it.
Mr. Jackson. The gap between demand and capacity is a very
serious problem and all the modes, as you say, need the focus
of the Department's energies. It is a No. 1 priority for us and
it is not a silver bullet simple issue. It means investment and
it means doing many other things to make this work right and
the Department is committed to working these issues very, very
hard.
Senator Smith. Very good, thank you.
Brenda, I appreciate your recent help on the issue of the
Klamath Falls farmers and the endangered species listings that
has affected an entire region in my State and particularly the
community of Klamath Falls.
I would just highlight to your watchful eye the whole
agency known as the National Marine Fisheries Service. I do not
know of an agency in government that has had a more harmful
effect on the human species in my State than this agency and it
falls under your care now and it is not on my part a comment
that we should lower environmental laws, but frankly, there is
a way to treat people and there is a way not to and NMFS has
become the picture of how not to treat the human species. And
so whatever you can do to assure that our laws are enforced
with sensitivity, greater sensitivity to the fisheries, to
farmers, to foresters, this is badly needed in my State and
there is not an agency in the Federal Government that is more
unpopular, I am being generous with that word, than the
National Marine Fisheries Service.
So I appreciate your willingness to serve in this capacity.
I think you'll just be a superlative in this job and I commend
President Bush in your selection and I wish your family well.
The Chairman. Thank you.
Senator Dorgan.
STATEMENT OF HON. BYRON L. DORGAN,
U.S. SENATOR FROM NORTH DAKOTA
Senator Dorgan. Mr. Chairman, thank you very much. I will
be very brief. I want to say that I support both of these
nominations. I think they are good choices and have had a
chance to visit with both of them about a range of issues in
both agencies and think the President has chosen well and I am
happy to lend my support for the nomination.
The Chairman. Thank you.
Senator Cleland.
STATEMENT OF HON. MAX CLELAND,
U.S. SENATOR FROM GEORGIA
Senator Cleland. Mr. Chairman, thank you very much. It is
an honor to support these two distinguished nominees,
especially the gentleman from Georgia, Mr. Jackson. We are glad
to see you and Ms. Becker. Thank you for taking on this
responsibility. Thank you Mr. Chairman.
The Chairman. Thank you very much. I wish you every
success. We will move your nominations as quickly as possible.
Mr. Jackson, we will have a discussion on this issue of
recusal. And Megan, you are required to stay for the rest of
the hearing. Everyone else can leave.
[Laughter.]
Senator Burns. Mr. Chairman, I have a couple of questions
for Mr. Jackson. I will get those in writing to you and if you
could respond to the Committee and to me I would certainly
appreciate that, but I plan to support both of these nominees.
Thank you very much.
The Chairman. Thank you.
[Whereupon, at 9:56, the hearing was adjourned]