[Senate Hearing 109-309]
[From the U.S. Government Printing Office]
S. Hrg. 109-309
NOMINATIONS OF SHANA LEIGH DALE TO BE DEPUTY ADMINISTRATOR OF NASA;
KATHRYN O'LEARY HIGGINS AND MARK V. ROSENKER TO BE MEMBERS OF THE
NATIONAL
TRANSPORTATION SAFETY BOARD
=======================================================================
HEARING
before the
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED NINTH CONGRESS
FIRST SESSION
__________
NOVEMBER 1, 2005
__________
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 NINTH CONGRESS
FIRST SESSION
TED STEVENS, Alaska, Chairman
JOHN McCAIN, Arizona DANIEL K. INOUYE, Hawaii, Co-
CONRAD BURNS, Montana Chairman
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
KAY BAILEY HUTCHISON, Texas Virginia
OLYMPIA J. SNOWE, Maine JOHN F. KERRY, Massachusetts
GORDON H. SMITH, Oregon BYRON L. DORGAN, North Dakota
JOHN ENSIGN, Nevada BARBARA BOXER, California
GEORGE ALLEN, Virginia BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire MARIA CANTWELL, Washington
JIM DeMint, South Carolina FRANK R. LAUTENBERG, New Jersey
DAVID VITTER, Louisiana E. BENJAMIN NELSON, Nebraska
MARK PRYOR, Arkansas
Lisa J. Sutherland, Republican Staff Director
Christine Drager Kurth, Republican Deputy Staff Director
David Russell, Republican Chief Counsel
Margaret L. Cummisky, Democratic Staff Director and Chief Counsel
Samuel E. Whitehorn, Democratic Deputy Staff Director and General
Counsel
Lila Harper Helms, Democratic Policy Director
C O N T E N T S
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Page
Hearing held on November 1, 2005................................. 1
Statement of Senator Allen....................................... 5
Statement of Senator Inouye...................................... 2
Prepared statement........................................... 2
Letters from Hon. Barbara A. Mikulski and Hon. Hillary Rodham
Clinton, supporting Kathryn O'Leary Higgins................ 4,5
Statement of Senator Pryor....................................... 27
Statement of Senator Stevens..................................... 1
Witnesses
Dale, Shana Leigh, Nominee to be Deputy Administrator of NASA.... 19
Prepared statement........................................... 20
Biographical information..................................... 22
Levin, Hon. Sander M., U.S. Representative from Michigan......... 4
Higgins, Kathryn O'Leary, Nominee to be a Member of the National
Transportation Safety Board.................................... 7
Prepared statement........................................... 8
Biographical information..................................... 9
Rosenker, Mark V., Nominee to be a Member of the National
Transportation Safety Board.................................... 12
Prepared statement........................................... 13
Biographical information..................................... 14
Sarbanes, Hon. Paul S., U.S. Senator from Maryland............... 3
Appendix
Nelson, Hon. Bill, U.S. Senator from Florida, prepared statement. 31
Hall, Hon. Ralph M., U.S. Representative from Texas, prepared
statement...................................................... 31
NOMINATIONS OF SHANA LEIGH DALE TO BE DEPUTY ADMINISTRATOR OF NASA;
KATHRYN O'LEARY HIGGINS AND MARK V. ROSENKER TO BE MEMBERS OF THE
NATIONAL TRANSPORTATION SAFETY BOARD
----------
TUESDAY, NOVEMBER 1, 2005
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 10:05 a.m. in
room SD-562, Dirksen Senate Office Building, Hon. Ted Stevens,
Chairman of the Committee, presiding.
OPENING STATEMENT OF HON. TED STEVENS,
U.S. SENATOR FROM ALASKA
The Chairman. Our apologies. It seems the two of us got
lost trying to find this room.
[Laughter.]
The Chairman. This morning the Committee will hear from
nominees for positions at the National Aeronautics and Space
Administration and the National Transportation Safety Board.
For decades, our Nation's space program has focused on
Space Shuttle operations. Recently the President gave us a new
Vision for Space Exploration which will take our country back
to the moon and eventually to Mars. Fulfilling this vision will
pose many technological and budgetary challenges. The team
which Dr. Griffin is assembling will take our first steps
toward attempting to achieve this vision.
Ms. Dale, Dr. Griffin and I have spoken about your
nomination. I look forward to hearing from you. Specifically, I
am interested in how you see yourself fitting in to the NASA
hierarchy and what you think will be some of the major
contributions you may make to that agency.
Since 1967, the National Transportation Safety Board has
investigated all civil aviation accidents and major accidents
in other transportation modes. It also consults with
investigators in other countries on major transportation
accidents outside the United States. The NTSB employs more than
400 people at various locations. It has headquarters in
Washington, D.C., 10 regional offices throughout the country,
and a training academy near Leesburg.
The Department of Transportation's Inspector General has
oversight responsibilities over the NTSB. In 2004, the IG
identified information security as a material weakness at the
agency and made a number of recommendations.
Last month, the IG completed a second audit. The IG found
that beyond hiring a Chief Information Officer, the agency had
made little progress toward increasing its information
security. IG investigators were able to crack the Internet
passwords that control access to the NTSB network. Further,
investigators were able to access sensitive information,
including real-time conversations between pilots and
controllers during an accident. This is far from an acceptable
level of security, and we look forward to hearing the nominee's
views on this issue.
Mark Rosenker is currently the acting Chairman of the
National Transportation Safety Board. He is also Vice Chairman,
a position nominated by the President but not requiring Senate
confirmation. He is before the Committee today for his
renomination as an NTSB member for a 5-year term. He has been
nominated to a Republican seat.
Kitty Higgins is a former Senate staffer who went on to
work in the Clinton Administration and at the National Trust
for Historic Preservation.
We look forward to having both of you before the Committee
today.
I will turn to Senator Inouye for comments before we turn
to our colleagues.
STATEMENT OF HON. DANIEL K. INOUYE,
U.S. SENATOR FROM HAWAII
Senator Inouye. Thank you very much, Mr. Chairman.
Sensing all the nominees are eager to get to work, I ask
that my statement be made part of the record.
[The prepared statement of Senator Inouye follows:]
Prepared Statement of Hon. Daniel K. Inouye, U.S. Senator from Hawaii
For nearly 40 years, the NTSB's dogged investigations of
transportation accidents have improved the safety of America's
transportation system, and its work, though often unnoticed, has helped
millions of travelers arrive safely at their destinations every day.
The NTSB and its staff are widely recognized for their unparalleled
attention to detail and impartiality.
For the NTSB to be effective, its Members must be above politics.
Congress depends on the Board to work cooperatively and to build upon
its proven track record. The Board must continue to improve
transportation safety based on both the evidence that it receives and
the tireless work of its dedicated experts.
We look forward to learning more about Mr. Rosenker and Ms.
Higgins, their qualifications, their thoughts on the NTSB's future, and
the role they will play.
We also have with us, Ms. Shana Dale, who has been nominated to be
Deputy Administrator at the National Aeronautics and Space
Administration (NASA). The Committee has great confidence in
Administrator Michael Griffin, and he has made it clear that he wants
you at NASA as soon as possible.
You will be entering NASA at a challenging time. The agency is
trying to keep flying and live up to its current commitments while
building a new vehicle and beginning a new program of lunar
exploration. Managing the transition from the current program to NASA's
future will require the agency to make smart choices about using
resources and technology.
When resources get tight, I hope that you will not cut to the bone,
particularly in science, education, and aeronautics.
The Chairman. I am sorry to have delayed our colleagues.
We should turn to Senator Sarbanes to introduce the person
he wishes to speak about.
STATEMENT OF HON. PAUL S. SARBANES,
U.S. SENATOR FROM MARYLAND
Senator Sarbanes. Well, thank you very much, Chairman
Stevens and Senator Inouye. I am very pleased to be before the
Committee.
You have got a terrific nominee here before the Committee
this morning in Kitty Higgins. I have known Kitty a long time.
She is a resident of Annapolis in my state. We are very proud
to have her as a resident.
The Members of this Committee, of course, know well the
very significant work of the National Transportation Safety
Board. It is really critical to the safety and the well-being
of the American traveling public. They provide independent
federal oversight for all civil aviation accidents in the U.S.,
as well as investigatory responsibility for significant
tragedies on our waterways, railroads, and highways. So it is
very significant work.
Kitty Higgins brings very significant qualifications for
this position. Out of the University of Nebraska, she worked in
the Department of Labor. She then was on the White House
Domestic Policy Council during the Carter Administration as
Assistant Director for Employment Policy. She then went to work
on Capitol Hill, including 4 years as the minority staff
director on the Labor and Human Resources Committee, and then
went over to the House side and served as Chief of Staff for 7
years for Congressman Sandy Levin who, Mr. Chairman, is here
with us this morning. You may want to have a reference from him
as well.
She joined the Clinton Administration in 1993 as Chief of
Staff to the Secretary of Labor. She left the Labor Department
in 1995, became Assistant to the President and Secretary to the
Cabinet. As Cabinet Secretary, she was the key administrative
official in the coordination of the response to a number of
important natural and national disasters, including the ValuJet
and the TWA flight 800 crashes. So she has dealt extensively in
that position with the National Transportation Safety Board and
the Federal Aviation Administration and knows intimately their
work.
In March 1997, she was nominated to be Deputy Secretary of
Labor, unanimously confirmed by the Senate in that post. So she
was at the Labor Department as the Chief Operating Officer of
the Department beginning in 1997.
She has also served as Vice Chair of the Presidential
Council on the U.S. Coast Guard Roles and Missions, and when
she left the Federal Government, she was at the National Trust
for Historic Preservation for 5 years.
She is an enormously accomplished, skilled, knowledgeable,
and effective government servant. She has carried out very
significant responsibilities in her various positions over the
course of her career. And I have every confidence she will do
an absolutely outstanding job as a member of the National
Transportation Safety Board, and I commend her very strongly to
the Committee.
The Chairman. A very substantial recommendation, Senator.
Congressman Levin, did you wish to have a comment at this
time?
STATEMENT OF HON. SANDER M. LEVIN,
U.S. REPRESENTATIVE FROM MICHIGAN
Mr. Levin. Senators, I appreciate the chance to say just a
few words.
I came over here basically to sit and kind of revel in this
nomination. There is no one I have met who has more integrity,
who has more public interest. She has, I think, unusual
experience in both the executive and the legislative branches
of our government.
She also, from her early years, as I have been told--and I
saw it firsthand when she worked in the House--has a deep
sensitivity to the public and for the individual's interest.
That really is what safety is all about, its impact on us as
individuals. She has also had experience through her work with
the White House in matters relating to safety.
So I just wanted to come here and join Senator Sarbanes in
saying to you that I think this is a superb nomination, and
Kitty Higgins, as she has always done in the past, will
completely live up to the trust, in this case, of the U.S.
Senate.
Thank you so much, Senator.
The Chairman. Well, Sandy, it is nice to have you over here
to see where your brother lives.
[Laughter.]
Mr. Levin. I have heard rumors.
The Chairman. Senator Inouye.
Senator Inouye. Thank you, Mr. Chairman.
I have two letters, one from Senator Barbara Mikulski, the
other from Senator Hillary Rodham Clinton, supporting Kathryn
O'Leary Higgins for this position.
The Chairman. They will be placed in the record, without
objection.
[The letters of Senator Mikulski and Senator Clinton
follow:]
Barbara A. Mikulski, United States Senate
Washington, DC, November 1, 2005
Hon. Daniel K. Inouye,
Ranking Member,
Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Dear Senator Inouye:
I am writing to support Kathryn O'Leary Higgins' appointment to the
National Transportation Safety Board (NTSB).
The mission of the NTSB is to investigate every civil aviation
accident in the United States--as well as significant accidents in
other modes of transportation. The NTSB is also charged with issuing
safety recommendations to prevent future accidents. Kitty Higgins'
extraordinary experience and analytical abilities make her well suited
for this critical position.
Ms. Higgins has a wide range of experience in both the Executive
and the Legislative branches of government. As President Clinton's
Cabinet Secretary, she worked closely with the NTSB and the Department
of Transportation. As liaison to both agencies, she worked with the FAA
on safety inspector staffing and surveillance--which are both critical
components of aviation accident investigations. She also worked with
the FAA and Congress to increase inspector staffing in the aftermath of
the ValuJet and TWA 800 accidents. She played a key role in
coordinating the federal agencies that investigated the accidents. In
addition, she worked to improve communication and assistance to
families of the victims.
Ms. Higgins has also worked closely with the U.S. Coast Guard. She
co-chaired the Coast Guard Roles and Missions Commission. Currently,
she serves as a member of the Navigation Council for the Coast Guard's
Deep Water Procurement Project.
Kitty Higgins has had a remarkable career in government service. As
a Member of the National Transportation Safety Board, she would
continue her work to improve the safety of our nation's transportation
systems. I enthusiastically support her appointment.
Sincerely,
Barbara A. Mikulski,
U.S. Senator.
______
Hillary Rodham Clinton, United States Senate
Washington, DC, October 31, 2005
Hon. Daniel K. Inouye,
Ranking Member,
Senate Committee on Commerce, Science, and Transportation Committee,
Washington, DC.
Dear Dan:
I write in strong support of the nomination of Kathryn ``Kitty''
Higgins to the National Transportation Safety Board.
I have known Kitty Higgins for 12 years. She has over 30 years of
experience in both the public and private sectors and served as
Secretary to the President's Cabinet during the Clinton Administration.
At that time, she worked closely with the NTSB on the 1996 ValuJet and
TWA 800 accident investigations. She understands how important it is to
protect the Board's independence while insuring that all the relevant
federal, state and local agencies are consulted and participate. She
worked closely with the Federal Aviation Administration on a number of
issues including reform legislation enacted by the Committee. She also
had the opportunity to work with the Coast Guard and served as Vice
Chair of the Coast Guard Roles and Missions Commission that made
recommendations to the President. Kitty currently serves as a Member of
the Navigation Council for the Coast Guard's Deepwater Project. She
also has a wealth of experience working on labor and employment issues
which gives her a particular understanding of the needs of workers and
the importance of technical and safety training.
Kitty Higgins is eminently qualified to serve on the National
Transportation and Safety Board. She has a strong record of bi-
partisanship, a wealth of experience with complex issues, and the
ability to work with people of diverse views. In addition to her
professional qualifications, she is one of the finest individuals I
have known and devotes much of her time and energy to her church and
many worthwhile causes. I urge you to confirm her nomination.
Sincerely yours,
Hillary Rodham Clinton,
U.S. Senator.
The Chairman. We will turn to the introduction of the
nominee Senator Allen supports.
STATEMENT OF HON. GEORGE ALLEN,
U.S. SENATOR FROM VIRGINIA
Senator Allen. Thank you, Mr. Chairman and Senator Inouye,
Senator Pryor. Thank you for allowing me to introduce and
present to the Committee----
The Chairman. Pardon me. Did you have any comment, Senator
Pryor?
Senator Pryor. I do not. Thank you.
The Chairman. Go ahead.
Senator Allen. It sounds like Ms. Higgins, by the way, Mr.
Chairman, has plenty of glowing accolades. Let me present Mr.
Mark Rosenker, now a resident of Virginia, to the Committee.
I also want to say to Ms. Dale, living a lot of places
around the country, thank you also for choosing Virginia as
your place of residence as well.
Let me focus on Mr. Rosenker, though. He has impressive
qualifications, and I know you have it as part of the record
for this nomination. Since his confirmation more than 2\1/2\
and a half years ago, Mark Rosenker has demonstrated himself to
be a qualified and energized member of this important federal
agency.
At this point I believe his wife Heather is right behind
him. Heather, thank you for being here. I suspect during your
comments, the Chairman will ask you to introduce your bride and
any other colleagues or friends who are here who have come to
support your nomination.
During his tenure, Mr. Chairman, Mark has brought a wealth
of management and advocacy experience to the board. With more
than 36 years of active and reserve duty in the Air Force,
having risen to the rank of major general, Mark's decorations
include the Distinguished Service Medal, Legion of Merit and
two Meritorious Service Medals, which is outstanding for
somebody to be serving on the National Transportation Safety
Board.
I think because of his unique combination of private sector
and military experience, President Bush appointed Mark to be
Deputy Assistant to the President and Director of the White
House Military Office. After serving for 2 years in that White
House position, President Bush nominated Mark to serve in his
current position at the NTSB. Since he was confirmed in March
of 2003, President Bush has twice designated Mark to serve in
the role of Vice Chairman, and since March of this year, Mark
has been serving with distinction as Acting Chairman of the
NTSB.
During this time on the board, Mark has been a strong and
outspoken advocate for transportation safety. For his
leadership role and in a variety of ways, but particularly in
recreational boating issues, the National Safe Boating Council
presented their highest honor, the Confluence Award, to him.
This is traditionally given to Members of Congress, and Mark
Rosenker is one of the very few executive branch people to
receive this award.
The aviation industry also acknowledges his leadership role
in the challenging issue of preventing runway incursions. He
has been outspoken in attempting to get the FAA to require that
all children under the age of 2 be secured in safety belts
while flying. I think all the passengers would like that, and
so long as they are loose enough that the kids can lay over, if
they are asleep and quiet, that probably would be fine as well
as a parent.
Mark is now a resident of Virginia. He spent a good deal of
his youth in Maryland. Senator Sarbanes should know all this.
He has gotten all these awards from the University of Maryland.
I am not going to hold that against him. I am still for him. He
was honored to be their commencement speaker. He was presented
with their 2001 Distinguished Centennial Graduate Award, which
is quite an honor.
Clearly, Mark Rosenker, Mr. Chairman and Members of the
Committee, has demonstrated that he is capable and enthusiastic
about the Board and its mission, and I respectfully urge my
colleagues to swiftly support his reconfirmation.
The Chairman. Thank you very much.
Our other nominee before us today is Ms. Dale. We have a
letter of support here for Ms. Shana Dale from Representative
Ralph Hall, and I had several personal phone calls from the
administrator saying why had you not been the subject of
hearings. So tell Mike we got to it right after we got his
call. OK?
Any further comments, Senator?
Very well. Let us turn first then to Ms. Higgins. Ms.
Higgins, you obviously have the support of all of the Irish
mafia around here today.
[Laughter.]
The Chairman. But tell us a little bit about what you see
for yourself in terms of this assignment. What are your
priorities?
STATEMENT OF KATHRYN O'LEARY HIGGINS, NOMINEE TO BE A MEMBER OF
THE NATIONAL TRANSPORTATION SAFETY BOARD
Ms. Higgins. Thank you, Senator.
May I just introduce my daughter-in-law, Kate Higgins, who
is here, representing all the Higgins and O'Learys today? And
my son Kevan is at our embassy in Port-au-Prince, Haiti and I
think is watching via the webcast there.
As Senator Sarbanes and Congressman Levin said, I worked on
these issues first when I was at the White House about 10 years
ago. I gained enormous respect for the NTSB, the work that they
do, the mission of the agency, and the career staff there, and
look forward to joining them, if I am confirmed by the Senate.
Senator I would say in my experience with the Board and
looking at some of the current issues, I think there are a
number of things that are of concern. I think budget resources,
staffing resources are an important issue. I think the IG
report that has already been mentioned raises some very
troubling issues, and I know that is of concern to the
Committee. I know it is a focus of the Vice Chairman and will
be, obviously, an important concern to those of us who hope to
serve on the Board.
There are some other areas that are of interest, for
example, the nexus between safety and security. TWA 800 was a
protracted investigation because it raised the issue of
security. It proved to be an accident, but obviously security
has come to the forefront in the last few years, and I am
interested in making sure that the focus on safety for all
modes of transportation is not being jeopardized by the
increased focus on national security. Both are important
priorities. We just have to make sure that safety continues to
have priority, along with security.
I think there is a concern that we all share about the
number of recent accidents in foreign countries on foreign
carriers. The Board gets involved in investigating those
accidents. Our safety record in aviation here has been pretty
good the last couple of years, but there are an increasing
number of fatal accidents occurring abroad. I would like to
know more about that. What are the implications for the safety
of American travelers who fly on those carriers?
I looked at the RAND Corporation report, which was issued a
number of years ago. It made a number of very important
recommendations, particularly in the aviation area, about the
work of the Board, the needs of the staff. My understanding is
that those recommendations really have not been addressed. I
would hope, if confirmed, to go back to that report and begin
to ask some questions about which of those recommendations
should get more attention. The report looked into the future
and said, aviation is getting much more complex. The resources
at the Board have not increased proportionately. The technology
is increasing. We need to make sure that there is the training
and other kinds of things that the staff there need to get the
job done.
[The prepared statement and biographical information of Ms.
Higgins follow:]
Prepared Statement of Kathryn O'Leary Higgins, Nominee to be a Member
of the National Transportation Safety Board
Mr. Chairman and Members of the Committee,
I welcome the opportunity to appear before you to today as you
consider my nomination to serve as a Member of the National
Transportation Safety Board. I am honored to have been selected by
Senator Reid and nominated by President Bush for this important
position. If confirmed, I commit to you that I will dedicate myself to
helping ensure that the NTSB meets its vital safety obligations to the
traveling public.
I believe my over 30 years of experience in the legislative and
executive branches, as well as in the private sector, have provided me
with the managerial, leadership and teamwork skills necessary to
succeed in the position for which I have been nominated. Further, I
believe my varied experience has given me a good perspective both on
how organizations work and how to get things accomplished.
During my tenure as Cabinet Secretary in the Clinton
Administration, I had the chance to work firsthand both with the NTSB
and the Federal Aviation Administration. Following the ValuJet accident
in 1996, I was in continuous contact with key NTSB officials as they
proceeded with the accident investigation and issued emergency
recommendations to the FAA to address the problems they uncovered.
Subsequently, the TWA 800 tragedy occurred and serious questions
existed regarding whether it was a terrorist act, leading to intensive
investigations by the FBI and the NTSB. I served as the focal point
within the White House for tracking these investigative efforts. As
such, for a period of months, I was in close contact with these
agencies as the investigation proceeded, and made several on-site
visits to the hangar in New York where the destroyed aircraft was being
reconstructed as pieces were recovered. On one of these trips I
accompanied President Clinton as he met with investigators and consoled
family members. From this work, I was able to learn firsthand about the
Board's investigative processes. I also developed a deep respect for
the commitment and competence of the hard-working professionals at the
NTSB.
As Cabinet Secretary, I also had the opportunity to work closely
with FAA officials on a variety of matters that gave me an appreciation
for the types of aviation issues and challenges faced on an on-going
basis by the FAA. For example, I was a primary White House contact for
FAA and DOT executives as the 1996 FAA reauthorization and reform bill
was being formulated by this Committee.
I have also had the opportunity and privilege to work with the
Coast Guard. At the request of Commandant James Loy, I served as Vice-
Chair of the Coast Guard Roles and Missions Commission. I currently
serve as a Member of the Navigation Council for the Coast Guard's
Deepwater Procurement Project. I believe this experience has given me a
good sense of the work the Coast Guard does and would provide me with a
good basis to work cooperatively with the agency on maritime
investigations of mutual concern to the Coast Guard and the Board.
Finally, my 30 years of work as an advocate and author of policies
to help American workers gives me a special and important perspective
for this post. I understand the importance of training workers to
enhance technical skills, promote safety and prevent accidents. I
pledge to pay particular attention to issues affecting workers if
confirmed as a Member of the Board.
If confirmed, I hope to contribute to maintaining--and even
enhancing--the Board's status as the preeminent accident investigation
body in the world. I believe this is an important priority. Although it
is my sense that the Board does a very good job on a day-to-day basis
in its investigative efforts, I am interested in learning if there are
ways to expedite the process of completing accident reports and issuing
recommendations to affected transportation modes. I also am hopeful
there are means of working with other agencies to achieve the more
timely adoption of recommendations. Although the vast majority of Board
recommendations are adopted and implemented, it sometimes takes a
protracted period before the recommended action items reach fruition.
In my view, safety will be enhanced if thoughtful, balanced
recommendations are issued, adopted and implemented on a timely basis.
This is an area where I would plan to focus, if confirmed to serve on
the NTSB.
In closing, Mr. Chairman, I would reiterate my commitment to devote
my efforts to working as hard as I can to benefit the safety of the
traveling public if I am afforded the honor and opportunity of serving
on the Board. I would be pleased to respond to any questions you or
Members of the Committee may have at this time.
______
A. BIOGRAPHICAL INFORMATION
1. Name (Include any former names or nicknames used):
Kathryn O'Leary Higgins.
Kitty Higgins.
Kathryn O'Leary.
Kitty O'Leary.
2. Position to which nominated: Member, National Transportation
Safety Board (Democratic Seat).
3. Date of Nomination: 7/27/05.
4. Address (List current place of residence and office addresses):
Residence: information not released to the public.
Office: None.
5. Date and Place of Birth: 10/11/47, Sioux City Iowa.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Spouse is deceased.
Liam Higgins--31.
Kevan Higgins--27.
7. List all college and graduate degrees. Provide year and school
attended.
Mount Marty College 1965-1967 (no degree: transferred).
University of Nebraska 1967-1969 (BS, Social Science and
Education).
8. List all management-level jobs held and any non-managerial jobs
that relate to the position for which you are nominated.
President, TATC Consulting.
Vice President for Public Policy, National Trust for Historic
Preservation.
Deputy Secretary of Labor.
Assistant to the President, and Cabinet Secretary.
COS, Secretary of Labor.
COS, Congressman Sander Levin.
Democratic Staff Director, Senate Labor and Human Resources
Committee.
9. List any advisory, consultative, honorary or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last five years.
Member, Navigation Council, Coast Guard Deep Water Project.
10. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational or other institution within the last five years.
Board Member, University of Maryland School of Public Affairs.
11. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age or handicap.
Project Children/Washington Intern Program (1999 to present).
Bridges to Peace Board (1999 to present).
Video Action Board (2003 to present).
Charles Carroll House of Annapolis, Vice Chair (1999 to
present).
Historic London Town Board (2000 to present).
International Cabinet of the Baltimore Basilica (2000 to
present).
Ignatian Lay Volunteer Corps, Vice Chair (2001 to present).
Sherwood Forest Club in Annapolis, Md.
12. Have you ever been a candidate for public office? No.
13. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years.
My records only go back to 1999. I did not make campaign
contributions of any size when I was with the government. Following is
a list of contributions over $500 made since 1999:
12/07/99 Sarbanes for Senate--$500.
03/17/00 Clinton for Senate--$1000.
04/10/00 Clinton for Senate--$1000.
05/29/00 Townsend for Governor--$1000.
09/19/00 Levin for Congress--$500.
09/19/00 DSCC--$1000.
10/18/00 O'Keefe and Williams for Gov/Lt. Gov--$500.
04/03/01 Ira Shapiro for Congress--$500.
05/25/01 Mary Landrieu for Senate--$1000.
11/15/01 Reno for Governor--$500.
12/02/01 Shaheen for Senate--$500.
12/27/01 Abbott for Governor--$500.
02/13/02 Reich for Governor--$500.
06/20/02 Herseth for Congress--$500.
06/30/02 Abbott for Governor--$500.
07/11/02 Bowles for Senate--$500.
08/22/02 Abbott for Governor--$500.
09/29/02 Herseth for Congress--$500.
10/01/02 Bowles for Sentate--$500.
01/22/03 Leahy for Senate--$500.
03/17/03 Daschle for Senate--$1000.
03/26/03 Tauscher for Congress--$500.
03/29/03 Kerry for President--$1000.
05/08/03 Dorgan for Senate--$500.
05/14/03 Feinstein for Senate--$500.
05/21/03 Daschle for Senate--$1000.
06/25/03 McGovern for Congress--$500.
03/17/04 Clinton for Senate--$1000.
06/16/04 Markey for Congress--$500.
06/22/04 Herseth for Congress--$500.
08/01/04 Mikulski for Senate--$1000.
09/29/04 Oklahoma Senate race--$500.
09/30/04 Herseth for Congress--$500.
14. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals and any other special recognition
for outstanding service or achievements.
Coast Guard Distinguished Service medal.
FAA Distinguished Service medal.
Mount Marty College Distinguished Alumna.
15. Please list each book, article, column, or publication you have
authored, individually or with others, and any speeches that you have
given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed: N/A.
16. Please identify each instance in which you have testified
orally or in writing before Congress in a nongovernmental capacity and
specify the subject matter of each testimony.
As Vice President for Public Policy for the National Trust for
Historic Preservation, I testified before the Interior Appropriations
Committee in support of funding for historic preservation, Save
America's Treasures and for the National Parks.
I also testified, in that capacity, before the House Parks
Subcommittee on land issues in Wyoming.
B. POTENTIAL CONFLICTS OF INTEREST
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers: N/A.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation or practice with any business,
association or other organization during your appointment? If so,
please explain.
At the request of the Office of Government Ethics, I have agreed to
resign from all of the Boards listed in question 11, with the exception
of the Ignatian Lay Volunteer Corps Board. I was advised that I could
continue to serve on that Board because it is affiliated with a
religious institution.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated: N/A.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 5 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: N/A.
5. Describe any activity during the past 5 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy.
As Vice President for Public Policy with the National Trust for
Historic Preservation, we agreed with the Administration when we could
on matters affecting preservation policy and funding and disagreed when
we needed to. For example, we did not support the Administration's
position on amending section 4f of the Highway bill. Section 4f is the
strongest and most important historic preservation policy in federal
law. We were concerned that changes proposed by the Administration
would gut these important protections. We also advocated increased
funding for Save America's Treasures and for the National Parks.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items: N/A.
C. LEGAL MATTERS
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? No.
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 disclosed in
connection with your nomination.
I don't believe there is anything additional to report.
6. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion or any
other basis? No.
D. RELATIONSHIP WITH COMMITTEE
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
The Chairman. What are your opinions about the relationship
of the Board to information security?
Ms. Higgins. I did read the IG report and was very
concerned, obviously, that there is this ability to breach the
security system and access sensitive information collected by
the Board. I think the Board's reputation is as strong as it is
because it has, over the years, been able to gather all the
facts, and to protect the information until the facts lead to
the resolution of the investigation. When I was at the Labor
Department, we put a great priority on improving the security
of our technology systems, and I know it has been a priority
for OMB, in our Administration, also for this administration. I
will work with the Chairman and Vice Chairman and others--to
make sure that those issues get the attention they deserve. It
will undermine the credibility of the Board if those issues
cannot be resolved.
I think there is a corrective action plan that has been
proposed. In looking at the response to the IG report, I think
the agency concurs that there are significant problems here. It
is unfortunate that more action has not been taken to date, but
I am sure it will be a priority. It already is a priority. It
will certainly be a priority for me.
The Chairman. I apologize to everyone in the room about the
heat. Obviously, the person maintaining that heat is not an
Alaskan.
[Laughter.]
The Chairman. We are a little disturbed about this heat.
Mr. Rosenker, you know I have had a personal experience
with NTSB, an accident that I survived, and then also an Alaska
Airlines plane I was supposed to be on and missed the
connection and it crashed. And then my closest friend was on
the one that turned upside down on Alaska Airlines and went
into the Pacific Ocean off Point Waneemi.
At the time, I got the impression that there was sort of a
financial strain on NTSB in the last investigation. It does
take a lot of money quickly to gather up facts on an
investigation of tragedies such as the one in California.
Are you diverting money away from the core missions of
investigating accidents and making safety recommendations to do
other things that the NTSB wants to do right now?
Mr. Rosenker. No, sir, I would not agree with that.
Sir, before I go into further answers, with your permission
could I offer an opening statement, which perhaps may answer
some of the questions that you may have already?
The Chairman. A short one, yes.
STATEMENT OF MARK V. ROSENKER, NOMINEE TO BE A
MEMBER OF THE NATIONAL TRANSPORTATION SAFETY BOARD
Mr. Rosenker. Yes, sir I will do that.
Good morning, Mr. Chairman, Mr. Co-Chairman, distinguished
Members of our Committee. I am pleased and honored to appear
before you today as you consider confirmation of my nomination
as a Member of the National Transportation Safety Board for a
second term. I am grateful to President Bush for this
nomination and particularly for his confidence in my ability to
continue to serve our Nation in this unique and critically
important position.
I would also like to thank Senator George Allen from my
home State of Virginia for his generous and flattering remarks.
As the Senator also said, my wife is behind me. I also have
a lot of friends, colleagues, and former members and current
members that are sitting in support of this nomination.
For nearly 3 years, I have been privileged to serve as a
Member, Vice Chairman, and most recently Acting Chairman of
this small but widely known and well-respected federal agency.
I have looked forward to this confirmation hearing since
the announcement of my nomination, not only so that I can
answer your questions, but to be able to share with the
Committee my pride and enthusiasm for the NTSB. For nearly 4
decades, the NTSB has been at the forefront of transportation
safety issues, the protector, if you will, of America's vital
transportation system. The Board is not only our Nation's
premier accident investigation agency, but also enjoys a well-
earned reputation as the most effective and authoritative
independent safety body in the world.
Simply stated, sir, the men and women who make up the NTSB
are the best in the business.
I would also like to recognize my fellow Board Members,
past and present, with whom I have been privileged to serve
during my tenure in office. All of these men and women--
Democrat, Republican, and Independent--have brought a unique
and valuable perspective to the decisionmaking process that is
our responsibility.
Whether determining the probable cause of an accident,
recommending safety improvements, or deciding on federal
enforcement actions, we routinely joined together with one
objective in mind, and that is to raise the standard of safety
within our Nation's transportation community. If confirmed to a
second term, I commit to you and the American people that I
will continue to make decisions and cast votes in that same
spirit.
Mr. Chairman, Mr. Co-Chairman, distinguished Members of the
Committee, we all agree that the transportation industry is
crucial to our economy. The independent safety board's primary
and most significant role is to help ensure the public's
confidence in the safety of this vital sector of our society.
What I have seen and what I have learned as a Member of the
NTSB is that the dedicated men and women who make up our
Nation's transportation community, aviation, rail, marine,
highway, and pipeline--the management, labor, owners,
operators, and manufacturers, are all working closely together
to make a safe industry even safer.
I look forward, sir, to answering your questions.
[The prepared statement and biographical information of Mr.
Rosenker follow:]
Prepared Statement of Mark V. Rosenker, Nominee to be a Member of the
National Transportation Safety Board
Good morning. Mr. Chairman, Mr. Co-Chairman, distinguished Members
of the Committee. I am pleased and honored to appear before you today
as you consider confirmation of my nomination as a Member of the
National Transportation Safety Board for a second term. I am grateful
to President Bush for this nomination and particularly for his
confidence in my ability to continue to serve our Nation in this unique
and critically important position.
I would also like to thank Senator George Allen from my home State
of Virginia for his kind introduction and support.
With your permission Mr. Chairman, I would like to introduce my
wife, Heather, who is here with me this morning.
For nearly three years, I have been privileged to serve as a
Member, Vice Chairman and most recently Acting Chairman of this small,
but widely known and well-respected federal agency.
I have looked forward to this confirmation hearing since the
announcement of my nomination. Not only so that I can answer your
questions, but also to be able to share with the Committee my pride in
and enthusiasm for the National Transportation Safety Board. For nearly
four decades, the NTSB has been at the forefront of transportation
safety issues, the protector, if you will, of America's vital
transportation system. The NTSB is not only our Nation's premier
accident investigation agency, but also enjoys a well-earned reputation
as the most effective and authoritative independent safety body in the
world.
Simply stated, the men and women who make up the NTSB are the
``best in the business.''
I would also like to recognize my fellow Board Members, past and
present, with whom I've been privileged to serve during my tenure in
office. All of these men and women--Democrat, Republican and
Independent--have brought a unique and valuable perspective to the
decision making process that is our responsibility.
Whether determining the probable cause of an accident, recommending
safety improvements, or deciding on federal enforcement actions, we
routinely joined together with one objective in mind, to raise the
standard of safety within our Nation's transportation community.
If confirmed to a second term, I commit to you and the American
people that I will continue to make decisions and cast votes in that
same spirit.
Mr. Chairman, Mr. Co-Chairman, distinguished Members of the
Committee, we all agree that the transportation industry is crucial to
our economy, and the independent Safety Board's primary and most
significant role is to help ensure the public's confidence in the
safety of this vital sector of our society.
What I have seen and learned as a Member of the NTSB, is that the
dedicated men and women who make up our Nation's transportation
community--aviation, rail, marine, highway and pipeline--the
management, labor, owners, operators, and manufacturers, are all
working closely with us to make a safe industry even safer.
I remain energized by the unique opportunity, if confirmed, of
continuing to be a part of the strong and diverse leadership of this
highly competent team of safety professionals and advocates. I am also
very proud of the contributions I have made toward improving
transportation safety during my tenure as a Member of the Board.
I look forward to answering your questions.
______
A. BIOGRAPHICAL INFORMATION
1. Name (Include any former names or nicknames used): Mark Victor
Rosenker.
2. Position to which nominated: Member, National Transportation
Safety Board.
3. Date of Nomination: April 4, 2005.
4. Address (List current place of residence and office addresses):
Residence: information not released to the public.
Office: NTSB, 490 L'Enfant Plaza East, SW., Washington, DC
20594.
5. Date and Place of Birth: 12/08/46, Baltimore, MD.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Heather Beldon Rosenker,
Senior Vice President,
Fleishman-Hillard Public Relations.
No children.
7. List all college and graduate degrees. Provide year and school
attended.
Baltimore Community College 1965-1966.
University of Maryland 1966-1969, BA Communications.
University of Maryland, University College, Graduate Study
1970-1971.
Department of Defense Information School, Graduate 1969.
Air Command and Staff College, Extension Course Institute,
Graduate, 1983-1985.
Air War College, Associate Studies Program, Graduate, 1988-
1990.
8. List all management-level jobs held and any nonmanagerial jobs
that relate to the position for which you are nominated.
Member, Vice Chairman and Acting Chairman,
National Transportation Safety Board, March 2003-present.
United States Air Force and Air Force Reserve, Major General,
Mobilization Assistant to the Commander, Air Force Reserve
Command, (current rank and assignment) June 1969-present.
Department of Transportation, Transportation Security
Administration, Program Manager, Special Projects Office,
November 2002-March 2003.
The White House, Deputy Assistant to the President and Director
of the White House Military Office, January 2001-November 2002.
United Network for Organ Sharing (UNOS), Assistant Executive
Director and Managing Director of the Washington, D.C. Office.
November 1999- January 2001.
Electronic Industries Alliance, aka (Electronic Industries
Association) Corporate Officer and Vice President, Public
Affairs, February 1977-October 1999.
Motorized Bicycle Association, aka (American Moped
Association), Director of Communications, January 1975- January
1976.
Daniel J. Edelman Public Relations, Account Executive,
September 1973-January 1975. Represented American Safety Belt
Council, Motorcycle Safety Foundation, and the Safety Helmet
Council of America.
9. List any advisory, consultative, honorary or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last five years: None.
10. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational or other institution within the last five years.
United Network for Organ Sharing (UNOS)--Assistant Executive
Director for External Affairs and Managing Director,
Washington, D.C. office.
Boat Slip Rental Property--50 percent interest; sold January
2002.
Brat Pack Investment Club--20 percent interest. Sole holding
1,295 shares of ADC Telecommunications.
11. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age or handicap.
Army Navy Club, Washington, D.C.--1999-present.
Andrews AFB Officers Club, Andrews AFB, MD--1969-present.
Capitol Hill Club--1973-2000.
Bryce Resort, Basye, VA--1986-present.
Military Order of the Carabao--2001-present.
Aero Club, Board Member--2005-present.
12. Have you ever been a candidate for public office? If so,
indicate whether any campaign has any outstanding debt, the amount, and
whether you are personally liable for that debt: No.
13. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years.
2004--Bush-Cheney Campaign--$2,000.
2000--Darrell Issa for Congress--$500.
14. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals and any other special recognition
for outstanding service or achievements.
University of Maryland Centennial Distinguished Graduate, 2001;
American Battle Monuments Commission Distinguished Service Medal; USAF
Distinguished Service Medal; Legion of Merit, Meritorious Service Medal
(1 oak leaf cluster) USAF Commendation Medal; Department of Defense
Achievement Medal; USAF Achievement Medal (1 oak leaf cluster).
15. Please list each book, article, column, or publication you have
authored, individually or with others, and any speeches that you have
given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
All speeches that I have given relevant to transportation safety
may be viewed on the NTSB website.
16. Please identify each instance in which you have testified
orally or in writing before Congress in a non-governmental capacity and
specify the subject matter of each testimony: None.
B. POTENTIAL CONFLICTS OF INTEREST
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers: None.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation or practice with any business,
association or other organization during your appointment? No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated: None.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 5 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated: None.
5. Describe any activity during the past 5 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy.
During my appointment as a Member of the NTSB, I have been a strong
transportation safety advocate and on numerous occasions invited to
testify before state legislatures, particularly on issues of highway
and recreational boating safety. In addition, the Board has made a
significant number of recommendations to federal agencies, state and
local governments, organizations, operators and manufacturers
concerning regulations or safety issues dealing with various modes of
transportation.
During my career as chief spokesman for the Electronic Industries
Alliance, representing the U.S. electronics industry, and the United
Network for Organ Sharing, UNOS, (the national organ transplant
network), I have made numerous statements and answered a myriad of
media queries on a host of issues having to do with the laws,
regulations, and policies of those two diverse communities. Some of the
major issues I spoke out in support of included: NAFTA, Making
Permanent the R&D Tax Credit, Improvement of Export Controls, Rewrite
of Circular A76, privatization and outsourcing, federal rules
pertaining to Organ Donation and Allocation. My role was not that of a
registered lobbyist.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
As a senior officer in the Air Force Reserve, if confirmed, I will
continue to recuse myself from any investigation involving an USAF
aircraft unless the Chairman found my participation necessary and
appropriate. I believe there are no other issues that would constitute
a conflict of interest.
C. LEGAL MATTERS
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain.
Detained in 1965 at the age of 18, along with two friends, in
Atlantic City NJ, malicious mischief, charges dismissed. Detained in
1966 at the age of 19, along with one friend, in Baltimore, MD,
possession of beer below age of 21, charges dismissed.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain.
During my employment as an officer of EIA, the Association was
involved in routine civil litigation. I was never a party, nor a
witness in any of those proceedings.
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 disclosed in
connection with your nomination: None.
6. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion or any
other basis? No.
D. RELATIONSHIP WITH COMMITTEE
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
The Chairman. Thank you. Now answer my question. I am told
you are diverting money away from investigating accidents to
support other functions. I am told that the training academy is
losing money and that you have cited budgetary pressure for not
investigating every fatal accident. Is that true?
Mr. Rosenker. Sir, we look at every single general aviation
accident by law. We take a look at virtually every one of the
railroad accidents that has some fatality or significant
damage. In marine, we look at the major catastrophic marine
accidents as an agreed-to by our Coast Guard MOU. In highway,
of course, we cannot look at the 43,000 accidents that occur
that result in fatalities. And in pipeline, we look at every
one of the pipeline accidents that occurs in a fatality.
Our academy was created in concept in the year 2000, well
before this Administration came to work in this Board. Whether
I would have made a decision to create this academy or not I
think is not the issue. The issue is what are we doing at this
academy to further the investigation capability of the NTSB and
to enhance safety in all modes of transportation.
There is a basic funding that was created, I believe, as
part of the opportunity to put together the academy, and that
was we were housing flight TWA 800, which was the 747 that blew
up, as it left in 1996 on its way from JFK to Paris. That was
the most expensive accident that the NTSB has ever
investigated, well over $40 million. As you may recall, back at
that time, there was a question of really what happened. And it
took us a good deal of time. There were two actual
investigations going on simultaneously: one with the FBI and
one with the NTSB. There was belief at one point that it could
have been a bomb that exploded that brought down that 747 and
killed 230 passengers. It turned out that it was not. It turned
out that it was a center wing fuel tank explosion.
The Chairman. I do not really want a lecture. I want an
answer to the question. Are you diverting money from your
accident funds for other purposes?
Mr. Rosenker. The approximate budget is around $3.5 million
to operate the academy. $2.5 million comes from an increase in
our appropriation that was given by Congress to support the
facility and house the 747 at the academy. There is about
$700,000 that comes in income from the courses. So there is a
shortfall of approximately $750,000 to $800,000 that must be
looked at. But we, in fact, are teaching courses out there that
we have been teaching for years. The basic investigation course
is being taught. We were teaching that well before there was an
academy.
We are also using that academy for three purposes: one a
COOP site. We are also renting that COOP site to other federal
agencies, and I would be able to provide that list to you.
Second, housing, our regional office in the Ashburn Academy
Facility. And third, we have created an enhanced laboratory
capability that we needed sorely that we could not have done in
our Washington headquarters. So part of that shortfall is, in
fact, additional infrastructure that we would be needing
anyway, sir.
But as far as are we taking resources away from our
investigators, I do not believe we are doing that, sir.
The Chairman. Well, let me do this. I want to request, on
behalf of the Committee, that you provide this Committee with
updates on your actions taken to address the Inspector
General's audits every 60 days until that is complete.
Mr. Rosenker. Yes, sir, we will do that.
The Chairman. Ms. Dale, I am sorry to have delayed to get
to you. I was waiting for the Senator from Texas who wanted to
introduce you, and we just received word that she is on a plane
from Texas, which was delayed in coming. So I do want to
recognize that you are here and that we have a series of
questions for you.
As I indicated in my opening statement, I was sort of
intrigued by the new vision of the President with regard to
changes at NASA. Can you tell us really what you see your role
will be in that process of turning NASA back toward deep space
exploration?
Ms. Dale. Yes, sir. My role will be assisting the
administrator on overall leadership policy direction and
planning and management of the agency.
In terms of the vision for space exploration, one of the
things that Mike Griffin wanted was a complete skill set at the
top of NASA within the senior leadership team. He already has
an associate administrator who has long-term agency experience.
He himself has great technical experience, as you know, in
terms of being inside the agency and also working long-term in
the space community, including being the head of In-Q-Tel. He
has great leadership capabilities. What he was seeking in me
was agency management experience, political and policymaking
expertise, as well as a comprehensive knowledge of NASA and the
aerospace community.
So my roles and priorities, as I go into NASA, will be
helping to implement the vision for space exploration,
continuing on with space operations, the International Space
Station and the Space Shuttle, and making sure that there is a
healthy overall balanced program with science and aeronautics.
And then some of my first priorities going into the agency, if
I am confirmed, would be the agency's financial management
system and also work force issues.
The Chairman. Thank you very much.
Ms. Higgins and Ms. Dale, did you have opening statements?
We do not usually have opening statements on nominees, but if
you have one, we would be glad to listen to them.
Ms. Higgins. Senator, I did. You have it for the record,
and I think enough has been said.
The Chairman. Thank you.
Ms. Dale?
Ms. Dale. I do have an opening statement, sir, if you would
like.
The Chairman. Do you wish to acknowledge anyone present,
Ms. Higgins?
Ms. Higgins. My daughter-in-law is here, Kate Higgins, and
a number of friends and colleagues I have worked with over the
years.
The Chairman. Ms. Dale?
Ms. Dale. My family members, my significant other, Mike
Fagan, is here, as well as my father, John Dale.
The Chairman. Thank you very much.
Would you like to read your statement?
Ms. Dale. If you so desire, sir.
The Chairman. I think we would be happy to listen to it,
yes.
STATEMENT OF SHANA LEIGH DALE, NOMINEE TO BE DEPUTY
ADMINISTRATOR OF NASA
Ms. Dale. Mr. Chairman, Co-Chairman Inouye, and Members of
the Committee, I am honored to be President Bush's nominee to
be the Deputy Administrator of NASA. I would like to thank Mike
Griffin for recommending me to be his deputy, and I would like
to thank President Bush for nominating me to this position. I
am honored and excited to be considered to serve at NASA.
I believe that NASA is entering a period of great promise,
excitement, and opportunity. One key reason for this is the
President's Vision for Space Exploration, a bold and energizing
mission for NASA's future. At the same time, it has been
designed specifically to be affordable and sustainable, with
the resilience to survive budgetary fluctuations that may occur
in the future. This is a critical point because this space
exploration initiative spans decades into the future.
Ultimately the quest is to extend human exploration across the
solar system.
If confirmed as Deputy Administrator, I am committed to
working with Administrator Griffin, the people of NASA,
Congress, the White House, and the private sector to lay the
foundation ultimately necessary to achieve the Vision for Space
Exploration.
In particular, I look forward to working with the aerospace
work force because I understand and value their unique skills
and expertise, as well as their contribution to this Nation's
economic competitiveness.
My written statement goes on to discuss the very important
missions of the International Space Station, the Space Shuttle,
science and aeronautics, as well as the need for a healthy
overall program within NASA.
Mr. Chairman, I have long been a supporter of this Nation's
aerospace efforts, and if confirmed, I look forward to being a
part of the team that leads NASA into the future. I also look
forward to being a very strong advocate for NASA.
My professional background has positioned me to provide a
unique fit with NASA's senior leadership. The breadth and the
depth of my experience comes from working in the executive
branch, legislative branch, and academia for the past 15 years.
I have on-the-ground knowledge of the inner workings of the
White House and Congress, and I understand the complexities and
challenges of how agencies interact. This extensive political
and policymaking expertise will be crucial to successfully
navigating the challenging times that lie ahead for NASA.
Further, I developed a comprehensive knowledge of NASA and
the aerospace community during my tenure as Staff Director of
the House Space and Aeronautics Subcommittee in the 1990s.
Legislative oversight of NASA's budget, policies, and programs
provided me with an in-depth understanding of and sensitivity
for the issues facing the agency.
If confirmed, my fundamental areas of expertise, combined
with the Administrator's technical expertise and leadership and
the Associate Administrator's long-term agency experience, will
produce a formidable and complete skill set within the senior
team that leads NASA into the future.
These are exciting and challenging times at NASA, and I
want to help the agency build even stronger relationships with
Congress, the White House, and the American people. If
confirmed, I look forward to working in an environment of
accomplishment and achievement at NASA, a place where
significant scientific and technological breakthroughs are
everyday occurrences. I am excited about the opportunity to
become a part of the team at NASA, and I look forward to
developing a very strong working relationship with this
Committee.
I am honored to be nominated and I thank you for the
opportunity to appear before you today, sir. Thank you.
[The prepared statement and biographical information of Ms.
Dale follow:]
Prepared Statement of Shana Leigh Dale, Nominee to be Deputy
Administrator of NASA
Mr. Chairman, Co-Chairman Inouye, and Members of the Committee, I
am honored to appear before you today as President Bush's nominee to be
the Deputy Administrator of NASA. I would like to thank Mike Griffin
for recommending me to be his Deputy and I would like to thank
President Bush for nominating me for this position.
I believe that NASA is entering a period of great promise,
excitement, and opportunity. One key reason for this is the President's
Vision for Space Exploration--a bold and energizing mission for NASA's
future.
In 2004, the President said ``We have undertaken space travel
because the desire to explore and understand is part of our
character.'' He went on to say we are ``drawn to the heavens for the
same reason we were once drawn into unknown lands and across the open
sea. We choose to explore space because doing so improves our lives,
and lifts our national spirit.''
The President's Vision for Space Exploration is a direct reflection
of these fundamental goals and desires. At the same time, it has been
designed specifically to be sustainable and affordable, with the
resilience to survive budgetary fluctuations that may occur in the
future. This is a critical point because this space exploration
initiative will span decades into the future. Ultimately, the quest is
to extend human exploration across the Solar System.
If confirmed as Deputy Administrator, I am committed to working
with Administrator Griffin, the people of NASA, Congress, the White
House, and the private sector to lay the foundation necessary to
ultimately achieve the Vision for Space Exploration.
When Americans think of human space exploration today, they think
first of the Space Shuttle and the International Space Station.
The Space Shuttle has provided technological advances and knowledge
that will be especially useful for the Exploration Vision.
Administrator Griffin has described the Space Shuttle as an amazing
vehicle, designed by this Nation's most brilliant aerospace engineers.
Over the last five years, the U.S. and its international partners
have built a 400,000 pound space station in low Earth orbit which
enables critically important research. The International Space Station
enables research on the effects of space on human health that is
important for longer term space travel beyond low Earth orbit.
Another important goal is achieving a balanced overall program of
science, aeronautics, exploration, and space operations. It is my
belief that it is possible, and in fact, very important, to maintain
healthy programs in science and aeronautics. As Mike Griffin has
stated, even in the Apollo era when the race was on to get to the Moon,
NASA was able to execute dozens of science missions and maintain a
robust program of aeronautics development.
NASA's Science Directorate seeks to understand the origins,
evolution, and destiny of the universe and to understand the nature of
the unique phenomena that shape it. The Directorate seeks to understand
the Sun and Earth, the nature of life in the universe, what kinds of
life may exist beyond Earth, and the nature of the solar system--
scientifically and in preparation for human exploration. Scientific
discoveries from missions such as the Hubble Space Telescope, Voyager,
Aqua, and the two Mars rovers further the fundamental missions of NASA
and spark the imagination of people around the world.
In aeronautics, NASA is currently re-shaping the program to focus
in three important areas. First, mastery of core competencies in
subsonic, supersonic, and hypersonic flight; second, research in
aviation safety that takes advantage of the agency's unique
capabilities; and third, partnership with the FAA and other agencies to
directly address the needs of the Next Generation Air Transportation
System. NASA also is moving in the direction of reinvesting in in-house
expertise, establishing a program to ensure that essential wind tunnel
facilities are maintained, and building strong partnerships with the
Defense Department, industry, and academia.
Mr. Chairman, I am excited for the opportunity to serve the United
States' space program. I have long been a supporter of our Nation's
aerospace efforts and, if confirmed, look forward to becoming an
advocate for NASA in the aerospace community, within the Executive
Branch, before the U.S. Congress, and to the American public.
The breadth and the depth of my experience for the position of
Deputy Administrator come from working in the Legislative branch, the
Executive branch, and academia for the past 15 years. My experience for
this position is in 3 fundamental areas: (1) agency management; (2)
policymaking; and (3) a comprehensive knowledge of NASA and the
aerospace community.
Let me provide some specifics:
My extensive agency management experience comes from my years at
the Office of Science and Technology Policy (OSTP). I came to the
agency at a time when it had a skeleton staff and had very few standard
operating procedures. My task was to build the agency from the ground
up. I focused on 3 key elements: recruiting skilled staff, developing
operating procedures, and creating trusted working relationships.
Soon after arriving at OSTP, I developed a plan for determining the
critical skill sets needed in the agency and mapping those against
existing expertise. I worked to recruit highly qualified scientists and
engineers and senior staff for communications, legislative affairs,
budget, financial management, security and human resources.
Second, I turned my attention to developing operating procedures
for the entire agency which established an environment for efficient
and effective management of day-to-day operations and decision-making
processes.
Third, consistent with the approach I have taken throughout my
public service, I developed trusted working relationships within OSTP,
with senior staff in other offices of the Executive Office of the
President, and with officials in the federal agencies, and Congress,
the private sector and the international community.
My extensive political and policymaking experience comes from
working for the past 15 years in Washington D.C. I have on-the-ground
experience with the inner workings of the White House and Congress, and
understand the complexities and challenges of how agencies interact and
how to successfully accomplish program and policy objectives.
While serving as Chief of Staff and General Counsel at the Office
of Science and Technology Policy, I had the additional responsibility
of leading the homeland and national security staff. In the early days
after 9/11, this included leading and executing homeland security
technical operations--a highly unusual function for a policy office.
These political and policymaking skills will be crucial to helping NASA
successfully navigate the challenging times ahead.
The third element of my experience for this position is due to my
role as Staff Director of the House Space and Aeronautics Subcommittee
in the 1990s. During that tenure, I developed a comprehensive knowledge
of NASA and the aerospace community. Legislative oversight of NASA's
budget, policies, and programs provided me an in-depth understanding
of, and sensitivity for, the issues facing the agency.
If confirmed, my fundamental areas of expertise combined with the
Administrator's technical expertise and leadership and the Associate
Administrator's long-term agency experience will produce a powerful and
complete skill set within the senior team to lead NASA into the future.
These are exciting and challenging times for NASA and I want to
help the agency build even stronger relationships with Congress, the
White House, and the American people. If confirmed, I look forward to
working in an environment of accomplishment and achievement at NASA, a
place where significant scientific and technological breakthroughs are
everyday occurrences. I am honored to be nominated and I thank you for
the opportunity to appear before you today.
Mr. Chairman, I am happy to answer questions you or the rest of the
Committee may have.
______
A. BIOGRAPHICAL INFORMATION
1. Name (Include any former names or nicknames used): Shana Leigh
Dale.
2. Position to which nominated: Deputy Administrator, National
Aeronautics and Space Administration.
3. Date of Nomination: September 13, 2005.
4. Address (List current place of residence and office addresses):
Residence: information not released to the public.
Office: New Executive Office Building, Washington, DC 20502.
5. Date and Place of Birth: 9/16/1964, Decatur, GA.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage). Not applicable.
7. List all college and graduate degrees. Provide year and school
attended.
1989, JD, California Western School of Law, San Diego,
California.
1986, BS, University of Tulsa, Tulsa, Oklahoma.
8. List all management-level jobs held and any non-managerial jobs
that relate to the position for which you are nominated.
5/2001-present, Office of Science and Technology Policy,
Executive Office of the President (General Counsel, Chief of
Staff and General Counsel, Deputy Director for Homeland and
National Security).
3/2000-5/2001, University of Texas System, Assistant Vice
Chancellor.
3/1991-3/2000, Science Committee, U.S. House of Representatives
(Republican Counsel to Science Subcommittee and then Space
Subcommittee; Staff Director of Space & Aeronautics
Subcommittee).
9. List any advisory, consultative, honorary or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last five years: None.
10. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational or other institution within the last five years.
Assistant Vice Chancellor, University of Texas System, 3/2000-
5/2001.
Women in Aerospace, Board Member, 1997-2000.
11. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age or handicap.
Women in Aerospace, Board Member, 1997-2000.
Member, California State Bar, 1990-present.
Member, District of Columbia Bar, 1991-present.
12. Have you ever been a candidate for public office? If so,
indicate whether any campaign has any outstanding debt, the amount, and
whether you are personally liable for that debt: No.
13. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. 7/2004, $2000 Bush-Cheney
2004.
14. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals and any other special recognition
for outstanding service or achievements.
Merit Scholar, California Western School of Law.
Outstanding WIA Emeritus Award, Women in Aerospace.
15. Please list each book, article, column, or publication you have
authored, individually or with others, and any speeches that you have
given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
Articles
1989, Remote Sensing Satellites: Privacy and National Security
Concerns Clash with Media's Right of Free Speech, Al Simon
Center for Telecommunications Law.
Speeches
1995, Women in Aerospace.
1998, U.S. Space Foundation, National Space Symposium.
3/2001, National Academy of Sciences.
16, Please identify each instance in which you have testified
orally or in writing before Congress in a non-governmental capacity and
specify the subject matter of each testimony: None.
B. POTENTIAL CONFLICTS OF INTEREST
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers: University of Texas Retirement Savings Account.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation or practice with any business,
association or other organization during your appointment? No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated: None known.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 5 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated: None.
5. Describe any activity during the past 5 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy: University of
Texas System, Assistant Vice Chancellor--tracked legislation that
affected the University of Texas System.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items: Should there be a conflict of interest, I would divest that
financial interest.
C. LEGAL MATTERS
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain: Civil lawsuit filed in San
Diego Small Claims Court in September 1988 by David Ebner citing breach
of oral contract that he could live in the same apartment with me for
the summer of 1988. Mr. Ebner dropped the lawsuit.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? No.
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 disclosed in
connection with your nomination: I do not possess any additional
favorable or unfavorable information to be disclosed in connection with
my nomination.
6. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion or any
other basis? No.
D. RELATIONSHIP WITH COMMITTEE
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
The Chairman. Thank you very much.
I have been called to a leadership meeting. The Co-Chairman
will complete this hearing.
Senator Inouye. [presiding] Thank you very much, Ms. Dale.
As the Chairman indicated, you have been highly recommended by
Mr. Griffin.
However, as you are well aware, last week GAO issued a
report citing that they submitted 45 recommendations to NASA in
2003, and of that number, 3 have been implemented and I believe
13 partially implemented. These recommendations are on the
improvement of financial management. What words do you have to
share with us on that?
Ms. Dale. Thank you, sir. I am also troubled by the hearing
from last week and the GAO recommendations on the financial
management system at NASA. This was an issue that I dealt with
when I was Staff Director of the House Space and Aeronautics
Subcommittee in the 1990s, and unfortunately, it is still an
issue that challenges NASA today.
Obviously, we are all in need of a sound financial
management system at NASA that we can all depend upon, one that
provides reliable cost estimates and reliable financial
management.
My plan, if confirmed, is to meet immediately with the
Chief Financial Officer to have a discussion about the
recommendations that have been made by GAO and where the agency
is in terms of implementing the remaining recommendations and
what the plan is for what I understand to be a joint corrective
plan to be sent forward from the CFO and the NASA IG.
I also plan to meet with the Executive Director of the
integrated financial management program and CIO to have further
discussions about the enterprise architecture and the
recommendations that have been made by GAO.
These are the immediate steps, as well as meeting with the
senior advisory group that has been established by Mike
Griffin. This takes in experts from other agencies that are
providing independent advice on the financial management system
within NASA. I also plan to meet with them very soon, if I am
confirmed, to gain their understanding and their independent
assessment of where NASA is in the process.
My plan is to have very aggressive oversight of where NASA
is with their financial management system. This definitely
needs to be brought under control. I know that there has been
progress that has been made within the financial management
system. I need to get on-the-ground truth about what is
actually happening at the agency.
Senator Inouye. Of the 45 recommendations, 16 were
partially or fully implemented. That left 29. Were they
ignored, the remaining 29?
Ms. Dale. Senator Inouye, my understanding is that the NASA
CFO has made statements indicating that she believes other
parts of the recommendations have already been complied with.
That is something that, if I am confirmed, I need to find out
immediately upon entering the agency, where does she think the
agency is in terms of complying with the recommendations,
looking over the GAO recommendations, and also having
discussions with the senior advisory group to see what their
take is in terms of an independent assessment of whether NASA
is actually complying with the remaining GAO recommendations.
Senator Inouye. Will you share with this Committee the
findings that you make on these?
Ms. Dale. Absolutely, sir.
Senator Inouye. Ms. Higgins, you come highly recommended by
your friends. What are your thoughts on the fact that airline
accidents are now being diminished as compared to other
accidents, rail and highways and such? What should be the core
mission of your organization? Because whenever we hear of NTSB,
we hear of airlines.
Ms. Higgins. Senator, I have been, obviously, following
these issues much more closely in the last few months. Vice
Chairman Rosenker was just up in New York at the significant
accident there, the boating accident on Lake George that
resulted in a tremendous loss of life. Member Hersman, who is
here, represented the Board at the rail accident in South
Carolina, that again, caused a significant loss of life. There
was a bus accident in Texas recently in the days before
hurricane Rita that resulted in significant loss of life. So
the Board, my sense is, has kept pretty busy even though there
have not been a number of aviation accidents recently. And
while aviation I think has the largest jurisdiction because it
includes general aviation, as well as all other accidents,
clearly they have major responsibilities in all of the other
modes as well.
I do think the staff are stretched pretty thin. I do not
know what can be done about that, but I think, again from my
perspective having read this RAND report, they anticipated some
of these challenges and suggested that there was a need to look
at how to better use resources and to bring to bear outside
resources, not just relying on the in-house staff for the work
that needs to be done.
Senator Inouye. Your agency is primarily an agency for
investigation.
Ms. Higgins. Yes.
Senator Inouye. In the process, you are bound to find
errors that were made. Do you also make recommendations as to
how to improve safety?
Ms. Higgins. Yes. My understanding is the Board definitely
does.
Senator Inouye. Should that be a more important part of the
mission?
Ms. Higgins. I think not only just making recommendations,
Senator. I think it is also making sure that recommendations
are implemented. It does not do any good to make
recommendations that are never followed through. In looking at
the recommendations currently unimplemented--as has been
mentioned, I was involved in the TWA 800 accident that took
place almost 10 years ago. Next summer will be the 10th
anniversary of that accident. The most significant
recommendation has not been fully implemented. The FAA is
working on it. My understanding is the regulation is at OMB,
but I find it of concern that 10 years later, that major
recommendation has not been fully implemented.
Runway incursions is another area where there have been
recommendations made, again not implemented by the FAA or not
fully implemented.
I know there has been an initiative to try to close out
NTSB recommendations. The Board and the members are doing more
to work with state and local governments where they have
jurisdiction. So I think there is some of that effort going on,
but I think more needs to be done, not just to do the
investigations and make recommendations, but really to follow
it all the way through until the actions are taken.
Senator Inouye. I realize that with 43,000 highway
fatalities, you do not have the time to investigate even 1
percent of them. But we note that too large a proportion of
those involve teenagers and it also involves exceeding speeds.
Do you have any recommendations as to what state laws should
be?
Ms. Higgins. On speed limits?
Senator Inouye. On teenagers.
Ms. Higgins. I have not looked into that specifically. I
have raised two teenagers, and they had their share of
accidents. Fortunately, they were all minor. I know that the
Board has looked at the issue of teenagers and cell phones as
something that needs to be addressed by states, and I know some
states are looking at the whole issue of cell phone use. Seat
belts, that is obviously a major concern. That is something the
Board has paid particular attention to. Alcohol as a
contributor to accidents. So they have taken initiatives in a
number of areas.
I do not know enough about the work that they have done
specifically focusing on young drivers. I think driver
education and driver preparation is probably another area, and
I think the Board has done some work there, but certainly more
can be done. I think the roads are very dangerous for young
people. There have been a number of significant accidents just
in this metropolitan area alone very recently where young
people have lost their lives. So it should be of great concern
to all of us.
Senator Inouye. Mr. Rosenker, every life is valuable
whether it is 1 or 1,000, and when you compare the fatality
rate on the highways with Iraq, Iraq seems to be a very safe
place. Do you have any recommendations?
Mr. Rosenker. Sir, I do. Many, many years ago I started in
highway safety as one of the advocates for the safety belt use
laws to require safety belt use. I remember back when we began
that crusade, it was like talking about invading someone's
home, and yet 35 years later, we now have over 82 percent of
the American people using safety belts.
When I began in that program--as an advocate--55,000 people
were dying on the Nation's highways with fewer cars being
driven. So we have made significant progress, but I think more
can be done, sir.
This is a personal opinion. This is not necessarily a Board
position, but I believe technology has a tremendous role to
play in the business of not just mitigating the results of an
accident, but the business of accident prevention. There are 3
million injuries and 6 million accidents. If we can begin to
include as not just features, if you will, but requirements in
our highways, as it relates to cars and trucks, things like
electronic stability control, short-range automotive radar, we
can begin the process of reducing, actually preventing the
accident from occurring, rather than just mitigating the
results after the accident has occurred. Now, again, sir, this
is not a Board position. This is just my personal opinion.
Senator Inouye. Ms. Higgins, in this war on terrorism, we
require by law and we mandate that certain things occur, and
yet the potential for death and destruction on our highways is
much greater than what terrorism has wrecked upon us. Do you
think that we should go beyond recommendations and just say
this is the way it is going to be done?
Ms. Higgins. This is an area that I need to learn more
about. But I think in our 50 states, each state has different
speed limits, has different requirements for issuing driver's
licenses. I think there have been challenges over the years to
try to have uniform standards in those areas. I think, as
Chairman Rosenker has said, education can play a significant
role here, and I think more work can be done by the Board in
working with State legislators and local communities and
various organizations to try to implement the practices that we
know save lives. Certainly the Board works with the National
Highway Traffic Safety Administration and the other modes in
DOT to look at safety, and this is an area, if the Committee
requests or desires, we can certainly begin to pay more
attention to.
The other issue, which is not really the jurisdiction of
the Board, but you can save lives on the highways by getting
people out of their cars and into public transit. That is
something, again, that is an issue of resources and priorities,
but I think personally that that is an area that deserves
greater attention.
Senator Inouye. Thank you very much.
Senator Pryor.
STATEMENT OF HON. MARK PRYOR,
U.S. SENATOR FROM ARKANSAS
Senator Pryor. Thank you, Mr. Chairman.
Ms. Dale, I would like to talk to you briefly about the
EPSCOR program. My sense of EPSCOR and other space grant
programs is that these programs are very beneficial to research
institutions. I think in the larger picture, they really help
America have a competitive research base. I would like to get
your thoughts on the long-term vision for EPSCOR and other
educational programs that NASA offers.
Ms. Dale. Thank you, sir. I am also supportive of EPSCOR. I
think it is an important education program that serves
historically under-represented geographical communities across
the country. It is my understanding that NASA plans to continue
to support EPSCOR into the future.
I do not have as much familiarity with EPSCOR as I would
like to, and that is something that I would like to have
continuing dialog, if I am confirmed, with you and your staff,
suggestions that you may have, what you think priorities are,
and also assess, as I enter the agency, what the state of
EPSCOR is. I am very much interested in the education programs
at NASA. It is something that OSTP, the office that I come
from, is interested in throughout the Federal Government, the
science and technology programs for education--where they
reside in particular agencies and how effective they are. So
that is something that I will be interested in as well.
Senator Pryor. Great. I would love for you to keep me
posted on that as you delve into that.
Ms. Dale. Yes, sir.
Senator Pryor. I know that oftentimes NASA's headlines or
news coverage tend to be dominated by the human space flight
program, and we understand that. But NASA does many other
things, and one of the things you have had at NASA, at the
agency, is you have had an initiative on nanotechnology, which
I think is really potentially very, very significant. I know
research institutions in my state are very focused on
nanotechnology, as they are around the country, and it really
has a very promising future I believe.
But nonetheless, you do have budget pressures. I know there
are nanotechnology and many other programs, talking about
EPSCOR. How do you find the appropriate balance between human
space flight and the other very important scientific missions
that NASA has?
Ms. Dale. Well, I can tell you, sir, that Administrator
Griffin has expressed on many occasions his commitment to an
overall balanced program within NASA. I share that commitment.
I believe that it is possible and, in fact, very, very
important to maintain a balance among human space flight, the
space operations missions, and science and aeronautics within
the agency. I think Administrator Griffin's commitment has been
unwavering on that point, to make sure that as the agency
proceeds forward in the next couple of years, that that
commitment to an overall healthy balance is maintained, and I
am committed to that as well, sir.
Senator Pryor. Great.
I know that in September NASA released its exploration
architecture study which includes a plan to return to the moon
with Apollo-style capsules, I believe around the year 2018. The
projected cost on that will be $104 billion. As I understand
the plan, NASA is going to try to find savings within existing
programs in order to shift resources to this return to the
moon. But as I understand it, maybe one of the areas of savings
might be with the Shuttle program, but news reports have
indicated that over the next 5 years, the Shuttle will actually
need more money, not less, to operate.
So my question for you is where do you think NASA will look
to find that $104 billion.
Ms. Dale. Thank you, sir.
The first important point to emphasize is that the cost
estimate that you made reference to is something that is
actually built into NASA's base budget over many, many years.
The Vision for Space Exploration is also one that relies upon
existing infrastructure. It is a shuttle-derived system. So it
will be taking advantage of the workforce that presently
exists, a highly skilled and highly technical workforce, the
knowledge base that is resident with them, and also
infrastructure that will be common to both the Space Shuttle
and the Vision for Space Exploration.
It is also important to note that this vision expands
decades into the future, and it is an important step in terms
of a sustainable, affordable approach. The approach is also go-
as-you-can-afford-to-pay. So it is one that is designed with
the resilience to withstand budgetary fluctuations in the
future.
You mentioned cost difficulties associated with the
Shuttle. That is definitely an ongoing challenge within the
agency, and it is my understanding that NASA is in dialogue
with the Office of Management and Budget on the challenges of
the Space Shuttle budget.
Senator Pryor. Thank you.
Now, Mr. Rosenker and Ms. Higgins, in Arkansas we had a
train accident on October 15 in Texarkana, Arkansas, which
straddles the line between Arkansas and Texas. So you are going
to have four Senators who are interested in this. It was a
Union Pacific train coming into the station. Apparently it
collided with another Union Pacific train that was stationary
on the tracks. There was an explosion. It killed one Arkansan,
hospitalized 20 other people, destroyed two homes and a rail
bridge, and 700 people had to be evacuated from their homes
temporarily due to the release of some gas or at least a feared
release of some gas. I am very sorry that happened.
As I understand it, you all have that under investigation
right now?
Mr. Rosenker. Yes, sir. We sent a team down there within 8
to 10 hours of the accident. Perhaps it was a bit longer, maybe
as much as 12. But we did dispatch a team down there, and they
are beginning right now to analyze what has happened.
Senator Pryor. How long do those typically take?
Mr. Rosenker. Sir, we are looking at train accidents,
depending upon the complexity of it, anywhere from 12 to 18
months. We have one that we are looking at that we are going to
be releasing in November that occurred in Graniteville. I
believe it occurred in January and it will be released at the
end of November. That will be approximately 10 months.
Senator Pryor. Well, 10 months is better than 12 or 18.
Mr. Rosenker. Yes, sir.
Senator Pryor. I understand about the complexity, but on
something like this where a train just hits another train in
the station, do you think it will be 10 months or longer, or do
you have some sense of that?
Mr. Rosenker. Sir, I hate to prejudge the amount of time it
will take. Clearly, we are, at the Board, as frustrated as
apparently you and many, many people may be at the amount of
time that it might take to investigate an accident. We are
looking at ways to improve the efficiency of the actual
reporting process, and I believe we will get there. But we do
not wish to take any shortcuts. We cannot do that if we are
going to maintain the methodology and the accuracy that we have
when we, in fact, make a probable cause determination and the
recommendations which are necessary to prevent that type of
accident from happening again.
But, sir, I agree with you. We need to do a better job of
moving these reports and making these determinations, and we
are working on that, sir, I guarantee you.
Senator Pryor. Is that a manpower issue or is that just the
system you have in place?
Mr. Rosenker. Sir, it is a combination of perhaps both. We
have 14 rail investigators to cover the United States.
Depending upon how you would characterize incidents and
accidents, there are something close to 3,000 a year. We look
at around 15 to 20 of them depending upon what happens that
year. Some of them we move much faster, as I indicated. The
Graniteville accident clearly took top priority, given the
catastrophic nature of that accident. This one here, sir, we
will be looking at very closely, and I will do as much as I can
to expedite the result on that.
Senator Pryor. Well, like you said, I want you to be very
thorough, but I just appreciate your keeping me informed as
that continues.
Mr. Rosenker. Yes, sir, I will.
Senator Pryor. Mr. Chairman, thank you. That is all I have.
Senator Inouye. I thank all of you, Mr. Rosenker, Ms.
Higgins, Ms. Dale. I have been advised by the Chairman that we
will do our utmost to expedite your approval. In fact, if
everything goes well, we will have a markup on your nomination
tomorrow, which is quite extraordinary. Otherwise, you can be
assured that it will be done within a week so you will be hard
at work within a week. I thank you all very much and the
hearing is adjourned.
[Whereupon, at 11 a.m., the Committee was adjourned.]
A P P E N D I X
Prepared Statement of Hon. Bill Nelson, U.S. Senator from Florida
Mr. Chairman and Mr. Co-Chairman, I am pleased to support the
nomination of Ms. Shana Dale for NASA Deputy Administrator.
Ms. Dale has distinguished herself with her unique combination of
skills and experiences that I believe will benefit NASA. She has
provided leadership on important issues in the Executive and
Legislative branches of Government and Academia.
I believe that Ms. Dale will complement the technical knowledge of
Administrator Griffin, and Associate Administrator Rex Geveden's
leadership in Science, Engineering and Operations, with her
comprehensive knowledge of the agency from different perspectives
gained while serving in the House Space and Aeronautics Subcommittee
and for the Office of Science and Technology Policy. I offer my support
for Ms. Dale's nomination to be NASA Deputy Administrator, and am
hopeful that her confirmation will be swift so that she can get to work
helping NASA.
______
Prepared Statement of Hon. Ralph M. Hall, U.S. Representative from
Texas
I would like to express my strong support of Shana Dale for the
position of Deputy Administrator of NASA. I have personally known Ms.
Dale for several years, and I worked closely with her when she was the
staff director and I was the Ranking Member of the Science Committee's
Space and Aeronautics Subcommittee. I have always drawn strength and
direction from her advice, and I am certain her counsel will be equally
valuable for NASA's Administrator, Michael Griffin.
NASA is facing an era of great change and promise. As the agency
implements the new Vision for Space Exploration with the goal of
returning astronauts to the Moon and pushing on to Mars, it needs
proven leadership to work with Administrator Griffin to meet these
important ends. Shana Dale understands the direction of the agency, and
has the know-how to get the job done.
Ms. Dale has a breadth of experience in politics and policymaking
that will help complete the top leadership at NASA. With experience in
the legislative and executive branches as well as academia, she has an
understanding of the complexities and challenges of how Congress and
NASA interact. She expressed to me on more than one occasion that she
understands the critical role Congress plays in determining the
agency's priorities, and she emphasized the need for clear
communications between NASA and its authorizing and appropriating
committees.
Ms. Dale also brings a great deal of managerial experience to NASA.
As Deputy Director for Homeland and National Security for the Office of
Science and Technology Policy in the Executive Office of the President,
she helped build the agency through recruiting skilled staff,
developing functional operating procedures, and creating viable working
relationships. She is a very capable manager who completed agency goals
and tasks while staying on budget.
I have listed just some of the many reasons that I fully and highly
recommend Shana Dale for the position of Deputy Administrator of NASA.
I hope that the Senate finds that she is a qualified candidate and
quickly confirms her nomination.