Nomination to the Maritime Administration (S. Hrg. 117-725, December 16, 2021)
Summary
Senate Hearing 117-725 before the Committee on Commerce, Science, and Transportation, held December 16, 2021, with Maria Cantwell presiding, on nominations of Rear Admiral Ann Phillips to be Administrator of the Maritime Administration, Dr. Steven Cliff to be Administrator of the National Highway Traffic Safety Administration, and John Putnam to be General Counsel of the Department of Transportation. Cantwell's statement covers sexual assault reports at the Merchant Marine Academy, new NHTSA safety mandates in the bipartisan Infrastructure law, airline refund complaints from the pandemic and pipeline safety after the Amplify Energy indictment. Ranking Member Roger Wicker reviews the nominees' records and criticizes MARAD's refusal to provide drafting help on the Improving Protections for Midshipmen Act.
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“Nomination to the Maritime Administration (S. Hrg. 117-725, December 16, 2021).”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/senate-hearing-117th-congress-nomination-to-the-maritime-administratio-1598884e26/
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[Senate Hearing 117-725]
[From the U.S. Government Publishing Office]
S. Hrg. 117-725
NOMINATION TO THE
MARITIME ADMINISTRATION, NATIONAL HIGHWAY
TRAFFIC SAFETY ADMINISTRATION, AND THE
DEPARTMENT OF TRANSPORTATION
=======================================================================
HEARING
BEFORE THE
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
__________
DECEMBER 16, 2021
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available online: http://www.govinfo.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
53-138 PDF WASHINGTON : 2023
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
MARIA CANTWELL, Washington, Chair
AMY KLOBUCHAR, Minnesota ROGER WICKER, Mississippi, Ranking
RICHARD BLUMENTHAL, Connecticut JOHN THUNE, South Dakota
BRIAN SCHATZ, Hawaii ROY BLUNT, Missouri
EDWARD MARKEY, Massachusetts TED CRUZ, Texas
GARY PETERS, Michigan DEB FISCHER, Nebraska
TAMMY BALDWIN, Wisconsin JERRY MORAN, Kansas
TAMMY DUCKWORTH, Illinois DAN SULLIVAN, Alaska
JON TESTER, Montana MARSHA BLACKBURN, Tennessee
KYRSTEN SINEMA, Arizona TODD YOUNG, Indiana
JACKY ROSEN, Nevada MIKE LEE, Utah
BEN RAY LUJAN, New Mexico RON JOHNSON, Wisconsin
JOHN HICKENLOOPER, Colorado SHELLEY MOORE CAPITO, West
RAPHAEL WARNOCK, Georgia Virginia
RICK SCOTT, Florida
CYNTHIA LUMMIS, Wyoming
Melissa Porter, Deputy Staff Director
George Greenwell, Policy Coordinator and Security Manager
John Keast, Republican Staff Director
Crystal Tully, Republican Deputy Staff Director
Steven Wall, General Counsel
C O N T E N T S
----------
Page
Hearing held on December 16, 2021................................ 1
Statement of Senator Cantwell.................................... 1
Statement of Senator Wicker...................................... 3
Letter dated December 15, 2021 to Hon. Roger F. Wicker from
John E. Putnam, Deputy General Counsel, U.S. Department of
Transportation............................................. 61
Statement of Senator Klobuchar................................... 64
Statement of Senator Fischer..................................... 65
Statement of Senator Tester...................................... 67
Statement of Senator Blackburn................................... 69
Statement of Senator Hickenlooper................................ 71
Statement of Senator Rosen....................................... 72
Statement of Senator Thune....................................... 74
Statement of Senator Blumenthal.................................. 76
Statement of Senator Cruz........................................ 78
Statement of Senator Markey...................................... 80
Statement of Senator Sullivan.................................... 81
Statement of Senator Lujan....................................... 84
Article dated January 16, 2019 from Hemming's Motor News ,
entitled ``General Motors Onboard Experimental Alcohol and
Drug Impairment Detection Device of the 1970s''............ 85
Article in Tech News from the Associated Press dated January
3, 2007 entitled, ``Toyota creating alcohol detection
system''................................................... 86
Press Release from Volvo dated March 20, 2019 entitled,
``Volvo Cars To Deploy In-Car Cameras And Intervention
Against Intoxication, Distraction''........................ 87
Report on test results from Euro NCAP on the 2021 Subaru
Outback.................................................... 88
Statement of Senator Peters...................................... 104
Statement of Senator Young....................................... 106
Witnesses
Rear Admiral Ann Clair Phillips (USN Ret.), Nominee to be
Administrator, Maritime Administration......................... 4
Prepared statement........................................... 6
Biographical information..................................... 7
Dr. Steven Scott Cliff, Nominee to be Administrator, National
Highway Traffic Safety Administration.......................... 31
Prepared statement........................................... 33
Biographical information..................................... 34
John Edward Putman, Nominee to be General Counsel, Department of
Transportation................................................. 48
Prepared statement........................................... 49
Biographical information..................................... 50
Appendix
Response to written questions submitted to Rear Admiral Ann
Phillips by:
Hon. Maria Cantwell.......................................... 109
Hon. Richard Blumenthal...................................... 111
Hon. Amy Klobuchar........................................... 111
Hon. Raphael Warnock......................................... 112
Hon. Roger Wicker............................................ 112
Hon. Mike Lee................................................ 113
Hon. Rick Scott.............................................. 115
Response to written questions submitted to Dr. Steven Cliff by:
Hon. Maria Cantwell.......................................... 116
Hon. Richard Blumenthal...................................... 118
Hon. Edward Markey........................................... 119
Hon. Gary Peters............................................. 120
Hon. Jacky Rosen............................................. 121
Hon. Kyrsten Sinema.......................................... 122
Hon. Ben Ray Lujan........................................... 123
Hon. Raphael Warnock......................................... 123
Hon. Edward Markey........................................... 124
Hon. Roger Wicker............................................ 125
Hon. Todd Young.............................................. 128
Hon. Mike Lee................................................ 128
Hon. Shelley Moore Capito.................................... 129
Hon. Rick Scott.............................................. 130
Response to written questions submitted to John Putnam by:
Hon. Maria Cantwell.......................................... 130
Hon. Amy Klobuchar........................................... 133
Hon. Kyrsten Sinema.......................................... 133
Hon. Raphael Warnock......................................... 134
Hon. Roger Wicker............................................ 135
Hon. Dan Sullivan............................................ 136
Hon. Mike Lee................................................ 136
Hon. Rick Scott.............................................. 138
NOMINATION TO THE MARITIME
ADMINISTRATION, NATIONAL HIGHWAY
TRAFFIC SAFETY ADMINISTRATION, AND
THE DEPARTMENT OF TRANSPORTATION
----------
THURSDAY, DECEMBER 16, 2021
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 10:03 a.m. in
room SR-253, Russell Senate Office Building, Hon. Maria
Cantwell, Chairwoman of the Committee, presiding.
Present: Senators Cantwell [presiding], Klobuchar,
Blumenthal, Markey, Peters, Rosen, Lujan, Hickenlooper, Wicker,
Thune, Cruz, Fischer, Sullivan, Blackburn, Tester, and Young.
OPENING STATEMENT OF HON. MARIA CANTWELL,
U.S. SENATOR FROM WASHINGTON
The Chairwoman. The U.S. Senate Committee on Commerce,
Science, and Transportation will come to order.
We're having a Full Committee hearing today on the
Nominations for several positions, three very important
nominations to the Department of Transportation.
We welcome the nominees and their families and we thank
them for their willingness to serve.
First, we'll consider the nomination of Rear Admiral Ann
Phillips to be Administrator of the Maritime Administration.
Welcome to you and to your family.
We are currently facing unprecedented challenges in the
U.S. maritime industry from concerns about reports of sexual
assault at the Merchant Marine Academy to the need for
investments in our ports to ease congestion and the need for
strong leadership at the helm of the Maritime Administration.
Rear Admiral Phillips has significant experience in the
U.S. Navy and many challenging situations, including Operation
Desert Shield/Desert Storm, as well as her capacity as Director
of the Surface Warfare for the Chief of Naval Operations.
After 31 years of naval service, she continues to serve as
a Special Assistant to Virginia Governor Ralph Northam with a
focus on coastal adaptation and protection.
She has been a trailblazer across her career, the first
female destroyer squadron commodore and the first female
Director of the Surface Warfare and now the first female MARAD
Administrator.
I look forward to seeing her confirmed as the next MARAD
Administrator.
Next, we will consider the nomination of Dr. Steven Cliff,
welcome, to be the Administrator of the National Highway
Transportation Safety Administration. Welcome to you and to
your family and thank you for your willingness to serve.
NHTSA's mission is to save lives, to prevent injuries,
reduce the number of accidents, and hopefully help us with
economic impacts of those events.
The bipartisan Infrastructure law included new safety
mandates that NHTSA will be required to implement, including
automatic emergency braking, lane-keep assist, and impaired
driving detection technology.
The law also includes historic funding levels for NHTSA's
Highway Safety Grants which will help states and cities combat
distracted and impaired driving and improve occupant protection
and pedestrian safety.
At a time when roadway fatalities are at the highest level
since 2007 and as electric and automated vehicles are becoming
a larger part of our economy, it has never been more important
to have leadership at NHTSA that will take on these challenges.
Dr. Cliff currently serves as Deputy Administrator at
NHTSA. He brings to this role a very extensive scientific and
regulatory background. In addition to working on research at
the University of California, Davis, he has held several
various positions at the California Air Resource Board,
including most recently as its Deputy Executive Officer.
His work there included program oversight of regulation and
working on program development with industry and other
stakeholders. So I look forward to asking you some very
important safety questions related to NHTSA.
And finally, we will consider the nomination of John Putnam
to be the General Counsel of the Department of Transportation.
The General Counsel for the Department of Transportation is
the chief legal officer of that department and serves as the
legal advisor to the Secretary.
The General Counsel also oversees the Office of Aviation
Consumer Protection and as we were talking before the hearing
convened about yesterday's hearing and the needs to continue to
focus on consumer refund issues and the rules that DOT have on
that and working with us in Congress, very important issue to
get consumers the refunds they deserve.
Also, the responsibilities involve coordinating the
department's legislative and regulatory efforts. Mr. Putnam's
nomination comes at a critical moment in light of the recent
bipartisan Infrastructure law which provides an historic $567
billion to the department for various things and incorporating
safety rulemaking.
The counsel's office will also be responsible to set up
grant programs designed to strengthen our freight and port
infrastructure, something that many members of this committee
have great interest in, and, as we've seen, problems in part of
our supply chain can quickly cascade to impacts throughout our
economy.
The department has also jurisdiction over civil aviation.
The committee has been heavily focused on aviation systems and
making sure that they are not only safe but the entire
ecosystem is poised to grow coming out of the pandemic.
Congress has given the department a lot of work in this
respect in implementing the Aviation Manufacturing Jobs Program
that myself and Senator Moran worked on, mandating aviation
safety rulemaking and direction to make sure consumers are
protected.
Mr. Putnam, I plan to ask you about the department's work
to expedite FAA rulemaking and as part of the aviation safety
law that we passed last year that Senator Wicker and I worked
so diligently on and our teams. Part of that rulemaking
includes a safety management system requirement for
manufacturers and this is critically important and one of the
key recommendations not only of our committee but of many other
organizations around the world that these safety management
systems are critical for aviation.
And also, as I mentioned, I'm going to ask you about what
we're doing about the backlog of consumer complaints filed
against airlines for failures to refund during the pandemic.
I'm also going to ask about what the department is going to
do on pipeline safety. Just yesterday, a grand jury indicted
Amplify Energy and two subsidiaries for negligent behavior in
the aftermath of the October oil spill for Southern California.
The indictment referenced multiple warnings that were
allegedly ignored by Amplify Energy, including eight different
alarms for pipeline leak detection systems over a 13-hour
period.
Amplify failed, as the allegations state, to turn off the
pipeline and immediately report the spill to the Coast Guard.
This delayed response and cleanup of the oil spill may have
resulted in an increase and potentially avoidable harm to our
fragile coastal ecosystem. The spill was caused by a ship's
anchor dragging a pipeline.
The Department of Transportation, and the Coast Guard, must
improve the oversight of pipeline and anchorage locations and
we must assess the risk posed by existing pipelines near
shipping channels and anchorages.
This is why it's especially important to have leadership at
the Department of Transportation. So I look forward to your
confirmation and your leadership on these important issues.
So thank all of you again for your willingness to serve,
and now I turn to my colleague, Senator Wicker, the Ranking
Member, for his opening statement.
STATEMENT OF HON. ROGER WICKER,
U.S. SENATOR FROM MISSISSIPPI
Senator Wicker. Thank you very much.
Senator Cantwell is correct. She and I have worked together
closely on items, such as the airline safety legislation, and
on these nominees, I know Secretary Buttigieg came to visit
some of us in the Capitol just last week and asked that we get
him a team confirmed and in place and so I do appreciate the
Chair calling this hearing today and seeking to move forward on
these nominations.
These positions are key leadership roles at DOT, making it
all the more vital that this committee carefully assess each
nominee's qualifications and plans for the department.
Mr. Putnam is currently serving as Deputy General Counsel
at DOT and he's also served as Acting General Counsel. This
experience has undoubtedly given him valuable overview of the
duties of General Counsel. He has also worked for the State of
Colorado and practiced transportation law in private practice.
So I look forward to hearing how these professional
credentials could benefit the American public.
Dr. Cliff is the Deputy Administrator of NHTSA, having
joined the department from the California Air Resources Board
where he was Deputy Executive Director. He also worked for the
California Department of Transportation and as a professor at
Cal, Davis.
I'm interested in hearing how these previous roles would
inform his approach at NHTSA. His testimony today will allow
him to articulate to the Committee how he plans to improve
safety for the traveling public.
Rear Admiral Phillips is presently serving as the Special
Assistant to Governor Northam for Coastal Adaptation and
Protection. She has a distinguished career in the U.S. Navy for
30 years and retired with the rank of Rear Admiral in 2013.
I'm interested to hear from her regarding her plans to
carry out the critical duties of MARAD Administrator which
include oversight of the Merchant Marine Academy and its
Sealift Senior Program, as the Chair just mentioned, in
addition to strategic efforts to grow the U.S. Flag Fleet.
I will note that I am disappointed and a bit puzzled by
MARAD's recent refusal to provide technical drafting assistance
before my markup of the Improving Protections for Midshipmen
Act, which is a bipartisan bit of legislation designed to
address the sexual harassment and sexual assault problem that
we have and that the Academy is determined to address, also. So
it came as a surprise to me.
If confirmed, I hope Admiral Phillips will work for a
collaborative relationship to assist the legislative branch
when that is possible.
So I want to thank all these nominees, thank the Chair for
expeditiously calling this hearing, and I yield back.
The Chairwoman. Thank you, Senator Wicker.
So, Rear Admiral, we'll start with you. So we're asking
each of you to give 5 minutes of testimony and submit anything
longer for the record and certainly welcome you if you would
like to introduce your family, make any other additional
statements.
Thank you.
STATEMENT OF REAR ADMIRAL ANN CLAIRE PHILLIPS
(USN, RET.), NOMINEE TO BE ADMINISTRATOR,
MARITIME ADMINISTRATION
Admiral Phillips. Thank you, Madam Chair.
Chair Cantwell, Ranking Member Wicker, Members of the
Committee, it's an honor to appear before you today as Nominee
for the position of Maritime Administrator.
I want to thank President Biden and Secretary Buttigieg for
nominating me to fill this role. It is both critical to our
economic and our national security.
I also would like to introduce my husband Luis Boticario,
Captain, U.S. Navy (Ret.), who is watching virtually, and my
brother, Dr. Jonathan Phillips, who is here today.
If I am honored enough to be confirmed, I pledge that I
will work diligently to execute the duties and responsibilities
of the Maritime Administrator and to support Secretary
Buttigieg and the extraordinary team of the Department of
Transportation and the Maritime Administration as we work to
strengthen our Merchant Marine, continue to strengthen the
resilience of our supply chains, and implement a historic
investment in our maritime infrastructure.
I am committed to working closely with the members of this
committee and your colleagues to advance our Nation's maritime
transportation and infrastructure goals.
I know from my experience on the staff of the Chief of
Naval Operations the critical work of congressional committees
and how hard you work to meet the needs of your constituents
and communities.
I also know how important it is to listen to and work with
you on a broad range of stakeholders to find bipartisan
solutions to the challenges we face.
During my nearly 31-year career, I had the honor of holding
command at sea three times at the ship, destroyer squadron and
strike group levels. As Commander, Expeditionary Strike Group
2, I worked closely with the Military Sealift Command to ensure
capacity and support for a host of related strategic response
missions.
As a result of my experiences in this and other
assignments, I understand the critical role of our commercial
merchant marine in providing the vital sealift on which our
military relies and I witnessed many of the challenges that
confront our commercial fleet, as well.
Previously, I also served as Deputy Director and then
Director of Surface Warfare Division in the Pentagon. I managed
the annual Fiscal Year defense plan for the submission of the
surface force, including ships combat systems, weapons systems,
and related training and infrastructure. I retired as a Rear
Admiral in 2013.
For the past 3 years, I have served as the Special
Assistant to Governor Ralph Northam for Coastal Adaptation and
Protection in the Commonwealth of Virginia. Under my
leadership, we developed and delivered the Commonwealth's first
Coastal Resilience Master Plan which sets forth strategies to
protect our most critical and vulnerable coastal infrastructure
from sea level rise and coastal hazards.
Throughout my career, safety has been at the forefront of
my mission. The foundational priority for U.S. DOT will always
be safety. Likewise, safety will be the ``north star'' for the
Maritime Administration should I have the honor to be confirmed
as Administrator.
In addition, for the Maritime Administration, my priorities
will be, first, promoting a strong Merchant Marine and
continuing the recapitalization of the Strategic Sealift Fleet
and support for a competitive, safe, and modern maritime
industry capable of meeting strategic sealift support
requirements and prepared to succeed in a contested
environment.
Second, continuing the work initiated by DOT and MARAD to
address the many challenges of the U.S. Merchant Marine
Academy, including implementing measures to support a safe and
inclusive learning and training environment on campus and at
sea where sexual assault and harassment are not tolerated.
Further, advancing the ongoing efforts to address the
Academy's many infrastructure challenges and strengthening
MARAD's oversight of the Academy, supporting effective
governance, and tackling the many other issues enumerated in
the study recently released by the National Academy of Public
Administration.
Third and finally, to support effective and speedy
implementation of the grant programs authorized under the
Infrastructure Investment and Jobs Act.
As we continue to emerge from the pandemic, aided by the
bipartisan Infrastructure law, we have a once-in-a-generation
opportunity to improve our maritime systems, supply chains,
infrastructure, and industry, and to ensure that it equitably
serves all Americans and communities of all sizes.
If confirmed, I look forward to working closely with you
all to achieve these urgent goals.
I am confident that my lifetime of service at sea, my
experience commanding major U.S. and international maritime
operations, my background managing fiscal resources and
requirements development for the surface force, and my recent
experience crafting equitable climate resilience and coastal
adaptation and protection strategies for Federal and maritime
infrastructure in the Commonwealth of Virginia has prepared me
to serve as Maritime Administrator.
In closing, I thank the Committee for the opportunity to
appear before you today and I welcome your questions.
Thank you.
[The prepared statement and biographical information of
Admiral Phillips follow:]
Prepared Statement of Ann C. Phillips, Rear Admiral, U.S. Navy
(Retired), Nominee to be Maritime Administrator
Chair Cantwell, Ranking Member Wicker, and Members of the
Committee, it is an honor to appear before you today as the nominee for
the position of Maritime Administrator. I want to thank President Biden
and Secretary Buttigieg for nominating me to fill this role, which is
critical both to our economic and national security.
I want to introduce my husband, Luis Boticario, Captain, U.S. Navy
Retired, who is watching virtually. (and my brother, Dr. Jonathan
Phillips, who is here today.)
If I am honored enough to be confirmed, I pledge that I will work
diligently to execute the duties and responsibilities of the Maritime
Administrator, and to support Secretary Buttigieg and the extraordinary
team at the Department of Transportation and the Maritime
Administration as we work to strengthen our merchant marine, continue
to strengthen the resilience of our supply chains, and implement a
historic investment in our maritime infrastructure. I am committed to
working closely with the members of this Committee and your colleagues
to advance our Nation's maritime transportation and infrastructure
goals. I know from my experience on the staff of the Chief of Naval
Operations the critical work of Congressional Committees and how hard
you work to meet the needs of your constituents and your communities. I
also know how important it is to listen to and work with you and a
broad range of stakeholders to find bipartisan solutions to the
challenges we face.
During my nearly 31 year naval career, I had the honor of holding
Command at Sea three times--at each of the Ship, Destroyer Squadron,
and Strike Group levels. As Commander, Expeditionary Strike Group TWO
(ESG-2), I worked closely with the Military Sealift Command to ensure
capacity and support for a host of related strategic response missions.
As a result of my experiences in this assignment, I understand the
critical role of our commercial merchant marine in providing the vital
sealift on which our military relies--and I witnessed many of the
challenges that confront our commercial fleet.
Previously, I also served as Deputy Director and Director of
Surface Warfare Division (N86). I managed the annual Fiscal Year
Defense Plan submission for the Surface Force, which included ships,
combat systems, weapons systems, and related training and
infrastructure. I retired as a Rear Admiral in December of 2013.
Most recently, for the past three years, I have served as the
Special Assistant to Governor Ralph Northam for Coastal Adaptation and
Protection in the Commonwealth of Virginia. Under my leadership, we
developed and delivered the Commonwealth's first Virginia Coastal
Resilience Master Plan, which sets forth strategies to protect our most
critical and vulnerable coastal infrastructure from sea level rise and
coastal flood hazards.
Throughout my career, safety has been at the forefront of my
mission. The foundational priority for USDOT will always be safety.
Likewise, safety will be the ``north star'' for the Maritime
Administration should I have the honor to be confirmed as Maritime
Administrator.
In addition, for the Maritime Administration, my priorities would
be:
Promoting a strong U.S. Merchant Marine and continuing the
recapitalization of the strategic sealift fleet, and continuing
support for a competitive, safe, and modern maritime industry
that is capable of meeting strategic sealift support
requirements and prepared to succeed in a contested
environment.
Continuing the work initiated by the DOT and MARAD to
address the many challenges at the U.S. Merchant Marine
Academy, including implementing measures to support a safe and
inclusive learning and training environment both on campus and
at sea in which sexual assault and harassment are not
tolerated, advancing the ongoing effort to address the
Academy's many infrastructure challenges, and strengthening
MARAD's oversight of the Academy and supporting effective
governance, and tackling the many other issues enumerated in
the study recently released by the National Academy of Public
Administration.
Third, support effective and speedy implementation of the
grant programs authorized under the Infrastructure Investment
and Jobs Act.
As we continue to emerge from the pandemic, and aided by the
Bipartisan Infrastructure Law, we have a once-in-a-generation
opportunity to improve our maritime systems, supply chains,
infrastructure and industry, and to ensure that it equitably serves all
Americans--in communities of all sizes. If confirmed, I look forward to
working closely with you all to achieve these urgent goals.
I am confident that my lifetime of service at sea, my experience
commanding major U.S. and international maritime operations, my
background managing fiscal resources and requirements development for
the Surface Force and my recent experience crafting equitable climate
resilience and coastal adaptation and protection strategies for the
Federal and maritime infrastructure of the Commonwealth of Virginia has
prepared me to serve as Maritime Administrator.
In closing, I thank the Committee for the opportunity to appear
before you today and I welcome your questions.
______
a. biographical information
1. Name (Include any former names or nicknames used):
Ann Claire Phillips
Ann Claire Wasson (married name 1985-1987)
2. Position to which nominated: Maritime Administrator
3. Date of Nomination: October 21, 2021
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: Office of the Governor of Virginia, 1111 East Broad
Street, Richmond, VA 23219
5. Date and Place of Birth: June 8, 1961; Arlington, VA
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: Luis Alejandro Boticario, Upper School Mathematics
Teacher. Norfolk Collegiate School, 7336 Granby Street,
Norfolk, VA 23505
No Children
7. List all college and graduate degrees. Provide year and school
attended.
B.A. in French, University of North Carolina, Chapel Hill, NC--
May 1983
Master Training Specialist Designation, U.S. Navy, 1993
Diploma, Joint Distance Education Program, Naval War College,
Newport, RI, 1997
Master of Business Administration, College of William & Mary,
Mason School of Business, Williamsburg, VA--August 2016
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Related Managerial Experiences:
Special Assistant to the Governor of Virginia for Coastal
Adaptation and Protection, October 2018 to present
Self-Employed Consultant, 2015-2018
Old Dominion University Research Foundation--Sea Level
Rise Pilot Planning Project--Infrastructure Working Group
Team Leader 2014-2016
Southern Elizabeth River Watershed Study Co-Lead 2017-
2018
League of Conservation Voters, Virginia--Resilience
and strategic planning analysis/Hampton Roads region, 2017-
2018
Senior Associate Consultant, Burdeshaw Associates, LLC,
2014-2018
Commander, Expeditionary Strike Group TWO, 2012-2013
Chief of Naval Operations (CNO) Staff, Director/Deputy
Director, Surface Warfare Division (N86), 2009-2012
Chief of Naval Operations Fellow--Strategic Studies Group
XXVIII, 2008-2009
Commander, Destroyer Squadron TWO EIGHT, 2007-2008
Executive Assistant to Commander, SIXTH Fleet/Joint Command
Lisbon/Strike Force NATO/NATO Response Force, 2004-2006
Commanding Officer, USS MUSTIN (DDG 89), 2001-2004
Related Non-managerial Experiences:
Chief of Naval Operations Staff, Surface Warfare Division
(N86), Requirements Officer DD 21 Program, 1999-2001
Executive Officer, USS KINKAID (DD 965), 1998-1999
Flag Secretary, Commander Cruiser Destroyer Group THREE/CARL
VINSON Task Group, 1995-1998
Surface Warfare School, Department Head Instructor, 1993-
1995
Operations Officer, USS SAN JOSE (AFS 7), 1990-1993
Chief Engineer USS CAPE COD (AD 43), 1988-1990
Navigator USS JASON (AR 8), 1986-1988
Assistant Damage Control Assistant, and First Division
Officer USS LEXINGTON (AVT 16), 1984-1986
Surface Warfare Officers School, 1983-1984
9. Attach a copy of your resume.
See Attachment A.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last ten years.
Transportation Research Board, Transportation Resilience
Metrics Study, National Academy of Science Engineering and
Medicine, Appointed Study Board Member, 2020-2021
Joint Commission on Science and Technology Coastal Weather
Impact Study, Commonwealth of Virginia, Appointed Study Board
Member, 2020-2021
City of Norfolk Mayor's Climate Change Commission, Appointed
Member, 2018-2019
Military Economic Development Advisory Committee, Norfolk
Virginia, Appointed Committee Member, 2018-2018
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last ten years.
Member, Board of Directors, The Council on Strategic Risks,
Washington, DC, 2018 to present
Member, Advisory Board, The Center for Climate and Security,
Washington, DC, 2017 to present
Member, Global Military Advisory Committee/Climate Change,
The Hague, NL, 2018 to present
Member, Board of Directors, LEAD Virginia, Richmond, VA,
2017 to present
Member, Board of Directors, WHRO, Inc., Norfolk, VA, 2017 to
present
Member, Board of Directors, Wetlands Watch, Norfolk, VA,
2018-2018
Member, Board of Directors, University of North Carolina,
NROTC Alumni Association, 2018-2020
Member, Board of Directors, Coastal Resiliency, Inc, (RISE),
Norfolk, VA, 2017-2018
Member, Board of Directors, American Resilience Project,
Worcester, MA, 2017-2018
Member, Board of Directors, CIVIC Leadership Institute,
Norfolk, VA, 2016-2018
Member, Board of Directors, Norfolk Police Foundation, 2015-
2018
Member, Board of Directors, Hampton Roads Naval Historical
Foundation, Norfolk, VA, 2014-2018 (Board Vice President, 2017-
2018)
12. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religiously affiliated organization, private club, or other membership
organization. (For this question, you do not have to list your
religious affiliation or membership in a religious house of worship or
institution.). Include dates of membership and any positions you have
held with any organization. Please note whether any such club or
organization restricts membership on the basis of sex, race, color,
religion, national origin, age, or disability.
Member, Beta Gamma Sigma, MBA Honor Society, 2016 to present
Member, Surface Navy Association, Alexandria, VA, 1989 to
present
Member, University North Carolina Alumni Association, Chapel
Hill, NC, 1983 to present
Member, University of North Carolina, NROTC Alumni
Association, 1983 to present
Member, Military Officers Association of America, 2014 to
present
Member, The Flag and General Officer's Network, 2014 to
present
Member, Mission: Readiness, 2014 to present
Member, CIVIC Leadership Institute, Norfolk, VA, 2016 to
present
Hampton Roads Rowing Club, Norfolk VA, 2018 to present
Member, American Shore and Beach Protection Assn, 2018 to
present
Member, Association of Sustainability and Adaptation
Professionals, 2020 to present
Member, Town Point Club, Norfolk VA, 2015-2018
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt.
I have never been a candidate for or held public office.
14. List all memberships and offices held with and services
rendered to, whether compensated or not, any political party or
election committee within the past ten years. If you have held a paid
position or served in a formal or official advisory position (whether
compensated or not) in a political campaign within the past ten years,
identify the particulars of the campaign, including the candidate, year
of the campaign, and your title and responsibilities.
I have never served in a paid or unpaid, formal or advisory
position for any political campaign.
15. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past ten years.
See Attachment B for a list of contributions responsive to this
request. All entries in the attachment are the result of electronic
searches (example: FEC.gov) and reflect my best recollection. Should
any additional contributions be identified, I will promptly inform the
Committee.
16. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Virginia Water Environment Association (VWEA) Stormwater
Splash Award, 2021
Beta Gamma Sigma, 2016
UNC NROTC Distinguished Alumni Award, 2014
Coronado CA Soroptimist Woman of Distinction, 2003
Naval Service, 1983-2013:
Surface Warfare Officer Insignia
Command at Sea Insignia
Legion of Merit (3 awards)
Defense Superior Service Medal
Meritorious Service Medal (4)
Navy Commendation Medal (4)
Navy Marine Corps Achievement Medal (2)
Navy Battle ``E'' Ribbon (2)
NATO Medal--Pakistan
Various other unit and campaign awards
17. Please list each book, article, column, Internet blog posting,
or other publication you have authored, individually or with others.
Include a link to each publication when possible. Also list any
speeches that you have given on topics relevant to the position for
which you have been nominated. Do not attach copies of these
publications unless otherwise instructed.
Publications
Please see Attachment C for the most current list of publications--
to the best of my knowledge. If additional publications are identified
following the submission of the questionnaire, I will promptly inform
the Committee.
Speeches
Please see Attachment D for the most current list of speeches and
non-congressional hearings I have been able to compile, to the best of
my knowledge. If additional speeches or remarks are identified
following the submission of this questionnaire, I will promptly inform
the Committee.
18. List all digital platforms (including social media and other
digital content sites) on which you currently or have formerly operated
an account, regardless of whether or not the account was held in your
name or an alias. Include the name of an ``alias'' or ``handle'' you
have used on each of the named platforms. Indicate whether the account
is active, deleted, or dormant. Include a link to each account if
possible.
LinkedIn: https://www.linkedin.com/in/ann-phillips-92449176/
Facebook: https://www.facebook.com/ann.c.phillips.73
Twitter: https://twitter.com/Ladyswo89
19. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
Please see Attachment E for the most current list of congressional
hearings in which I have testified.
20. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
Having devoted a significant part of my life to the sea services,
and now, to building coastal and climate resilience, I understand the
need for and am deeply committed to the development of a strong
strategic sealift capacity and supporting infrastructure, including
equitable economic and workforce development, training and capacity for
the U.S. Flag maritime industry. I am also deeply committed to
strengthening and invigorating the U.S. Merchant Marine Academy to
ensure the future leadership of the U.S. maritime industry. My 31 years
of service in the U.S. Navy, combined with my recent and ongoing
experience in state government and academe, makes me well-suited to
execute the full portfolio of duties and responsibilities required of
the Maritime Administrator.
For the past three years, I have served as the Special Assistant to
Governor Ralph Northam for Coastal Adaptation and Protection in the
Commonwealth of Virginia--the primary point of contact for coastal
adaptation and flooding mitigation across Virginia, including the Port
of Virginia, and substantial critical Federal and Department of
Defense--largely maritime related--infrastructure. Later this year, we
will deliver the Commonwealth's first Coastal Resilience Master Plan,
to chart a course to adapt and protect our most critical coastal
infrastructure, all of which, as described above, is exceedingly
vulnerable to multiple climate-related hazards, including sea level
rise, recurrent flooding, and coastal storms and hurricanes.
During my naval career, I was fortunate to hold Command at Sea
three times, at the Ship, Destroyer Squadron, and Strike Group level.
As Commander, Expeditionary Strike Group TWO (ESG-2), I provided
strategic and operational leadership and management of 26 assigned
subordinate ships, squadrons, and units--over 15,000 in manpower, and
$20B in capital assets. During that tour, I worked closely with the
Military Sealift Command as a part of the ESG Mission set to ensure
capacity and support for strategic sealift offload and backload, Joint
Logistics Over The Shore (JLOTS) deployment, Defense Support to Civil
Authorities and Humanitarian Assistance and Disaster Response missions.
Prior to that, as Deputy Director and Director of Surface Warfare
Division (N86), I managed the annual Fiscal Year Defense Plan
submission for the Surface Force, with a 5-year average budget of $48B,
which included ships, combat systems, weapons systems, and related
training and infrastructure.
I am honored to be nominated by President Biden to serve as a part
of Secretary Pete Buttigieg's leadership team within USDOT. I believe
that my lifetime of service at sea, my experience commanding major U.S.
and international maritime operations and my background managing fiscal
resources and requirements development for the Surface Force, coupled
with my recent experience focused on building equitable climate
resilience and coastal adaptation and protection strategies for the
critical Federal and maritime infrastructure of the Commonwealth of
Virginia, has prepared me, if confirmed, to serve as Maritime
Administrator.
21. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
The Maritime Administrator oversees and maintains the functions of
the Maritime Administration as it ensures the functionality of U.S.
waterborne transportation and the viability of the U.S. Merchant Marine
and U.S. Merchant Marine Academy. As a lifelong leader, public servant,
and steward of taxpayer dollars, as described above, I am familiar with
and understand the process to build and oversee substantial budgets,
and the need for strict accountability, auditable financial practices
and controls, as well as with the complex challenges and
responsibilities of developing and maintaining a diverse, skilled
workforce, and ensuring sound legal procedures in a multifaceted and
demanding political environment.
22. What do you believe to be the top three challenges facing the
department/agency, and why?
The top challenge for USDOT will always be safety. Likewise,
safety, as the ``north star'' for the Maritime Administration will
continue under my leadership, should I have the honor to be confirmed
as Maritime Administrator. In addition, for the Maritime
Administration, the need to first, promote a strong and functional U.S.
Merchant Marine and a recapitalized strategic sealift fleet, sized,
manned, and trained to meet the growing marine transportation system
needs for commerce, supply chain and economic development, for a
competitive, safe, and modern maritime industry, as well as meet
wartime strategic sealift support requirements.
Second, build the U.S. Merchant Marine Academy into a world-class
leader and institution in maritime education, research, technology, and
best marine resource and leadership and management practices--all while
ensuring the Academy provides a safe learning and training environment.
Third, ensure the institutional and functional resilience, safety,
and sustainability of the U.S. Maritime industry--as critical national
security infrastructure--to natural and man-made hazards.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
My arrangements are fully described in Parts 2 and 3 of my Public
Financial Disclosure Report.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain.
No. If I am confirmed, I will resign my position with the
Commonwealth of Virginia as described in the terms of the ethics
agreement I have entered into with DOT's Designated Agency Ethics
Official and that has been provided to this Committee.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated. Explain how you will
resolve each potential conflict of interest.
In connection with the nomination process, I have consulted with
the Office of the Government Ethics and the Department of
Transportation's Designated Agency Ethics Official to identify
potential conflicts of interest. Any potential conflicts of interest
will be resolved in accordance with the terms of the ethics agreement I
have entered into with DOT's Designated Agency Ethics Official and that
has been provided to this Committee. I am not aware of any other
potential conflicts of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last ten years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated. Explain how you will resolve
each potential conflict of interest.
In connection with the nomination process, I have consulted with
the Office of the Government Ethics and the Department of
Transportation's Designated Agency Ethics Official to identify
potential conflicts of interest. Any potential conflicts of interest
will be resolved in accordance with the terms of the ethics agreement I
have entered into with DOT's Designated Agency Ethics Official and that
has been provided to this Committee. I am not aware of any other
potential conflicts of interest.
5. Identify any other potential conflicts of interest, and explain
how you will resolve each potential conflict of interest.
In connection with the nomination process, I have consulted with
the Office of the Government Ethics and the Department of
Transportation's Designated Agency Ethics Official to identify
potential conflicts of interest. Any potential conflicts of interest
will be resolved in accordance with the terms of the ethics agreement I
have entered into with DOT's Designated Agency Ethics Official and that
has been provided to this Committee. I am not aware of any other
potential conflicts of interest.
6. Describe any activity during the past ten years, including the
names of clients represented, in which you have been engaged for the
purpose of directly or indirectly influencing the passage, defeat, or
modification of any legislation or affecting the administration and
execution of law or public policy.
In the last three years as Special Assistant to the Governor of
Virginia for Coastal Adaptation and Protection, I have been involved in
legislative and public policy issues at the local, regional, and
Commonwealth level on behalf of my duties for the Governor and for the
gubernatorial administration.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics,
professional misconduct, or retaliation by, or been the subject of a
complaint to, any court, administrative agency, the Office of Special
Counsel, professional association, disciplinary committee, or other
professional group?
No. I have never been disciplined or cited for a breach of ethics,
professional misconduct, or retaliation, or been the subject of a
complaint as described.
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. I have never been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, country, or municipal entity for any reason.
3. Have you or any business or nonprofit of which you are or were
an officer ever been involved as a party in an administrative agency
proceeding, criminal proceeding, or civil litigation?
No, I have never been involved in any administrative agency or
criminal proceeding as described in Question 3 above.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense?
No, I have never been convicted of any criminal offense.
If so, please explain. N/A
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain.
No, I have never been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination.
In July 2016 I was a victim of identity theft, achieved through
fraudulent access to my bank account. Fraudulent accounts were opened
in my name and may appear on historic credit reports. I filed a report
of this criminal activity with the Norfolk, Virginia Police Department
in July 2016. Due to related fraudulent activity involving active duty
and retired Naval service members, the Naval Criminal Investigative
Service conducted an investigation into the reported criminal activity.
I do not know the final disposition of that investigation.
On October 15th, 2012, I was appointed by U.S. Fleet Forces Command
(USFFC) as the Investigating Officer, directed to conduct a Judge
Advocate General Manual Investigation (JAGMAN), into the circumstances
surrounding a collision between the USS SAN JACINTO (CG 56) and USS
MONTPELIER (SSN 765). The investigation concluded on December 18, 2012,
and was forwarded to USFFC for review and disposition. The
Investigation was released under a FOIA request in June 2014.
https://media.defense.gov/2020/Jun/06/2002311740/-1/-1/1/MONTPELIER-
SANJACINTO-INVRESRPT.PDF
On December 13th, 2012, a Sailor aboard USS CARTER HALL (LSD 50), a
subordinate command to Expeditionary Strike Group TWO, fell in the well
deck of the ship during routine operations at sea, and subsequently
died from his injuries. A JAGMAN Investigation was conducted by the
Commander, Amphibious Squadron 4. ESG TWO reviewed, addressed
recommended corrective and disciplinary actions and forwarded to USFFC
for final review.
https://www.kpbs.org/news/2012/dec/13/sailor-killed-fall-uss-carter-
hall/
On August 21, 2012, a tug and barge from Amphibious Construction
Battalion TWO, an ESG TWO Subordinate Command, narrowly avoided a
collision with the inbound container vessel APL OMAN, causing the OMAN
to drop anchor in the vicinity of the Thimble Shoals Tunnel of the
Chesapeake Bay Bridge Tunnel. The Coast Guard conducted a safety
investigation, and ESG 2 Staff conducted a JAGMAN investigation,
recommended and implemented corrective and disciplinary actions, and
forwarded to USFFC for final review.
https://www.dailypress.com/business/dp-xpm-20120822-2012-08-22-dp-port-
near-miss-20120822-story.html
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees, and that
your department/agency endeavors to timely comply with requests for
information from individual Members of Congress, including requests
from members in the minority? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______
Attachment A--Resume of Ann C. Phillips
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Attachment B--Political Contributions
------------------------------------------------------------------------
------------------------------------------------------------------------
08/30/2017 Dave Belote $800.00
09/20/2018 Elaine Luria $500.00
02/05/2018 Elaine Luria $500.00
09/20/2018 Elaine Luria $500.00
2/5/2018 Michael Franken $500.00
6/2/2020 Michael Franken $500.00
9/2/2020 Elaine Luria $1,000.00
9/2/2020 Joe Biden $500.00
10/29/2020 Elaine Luria $500.00
6/6/2021 Andria McClellan $500.00
------------------------------------------------------------------------
Attachment C--Publications
Journal Articles
Surface Warfare Magazine, Winter 2012, Director's Letter
https://issuu.com/comnavsurfpac/docs/
surfacewarfare_win2012_singlepgs
Second author, A Coastal Resilience Case Study: The Little
Creek/Pretty Lake Communities of Hampton Roads, Shore and Beach
Journal, Winter 2016 Edition. Resilient Virginia Newsletter,
March 2018.
Sea Level Rise Preparedness: An Intergovernmental Pilot
Project as a Blueprint for Community Resiliency. https://
mailchi.mp/resilientvirginia/resilient-virginia-news-march-
2018?e=7cc09418b7#news2
Editorials
Virginian Pilot, Oct 22, 2017. The Hampton Roads Region Must
Fight Climate Change to Protect Health and Security. With
Deborah Brown, VP American Lung Association, Mid-Atlantic.
https://www.pilotonline.com/opinion/columns/article_956fec9c-
69ee-579e-a430-90c093fe1fc8.html
Virginian Pilot, March 13, 2021. Women Veterans ``Lead The
Way'' in Virginia, with CAPT Kathleen Jabs, USNR (Ret),
Secretary of Veteran's and Defense Affairs, Commonwealth of
Virginia. https://www.pilotonline.com/opinion/columns/vp-ed-
column-phillips-jabs-0314_0920210313-
aqljapcktndclfij7p7prypn4y-story.html
Sea Technology Magazine Editorial; National Security Depends
on Climate Change Preparation--Published Spring 2018.
Publication Documents
Hampton Roads Sea Level Rise Preparedness and Resilience
Intergovernmental Pilot Planning Project (IPP) Report. Old
Dominion University--2014-2016. Infrastructure Working Group
Chair and Contributing Author. Published October, 2016. https:/
/digitalcommons.odu.edu/hripp_reports/2/
Military Expert Panel Report: Sea Level Rise and the U.S.
Military's Mission, 2nd Edition, The Center for Climate and
Security, Military Expert Panelist, full report, February 2018.
Panel Signatory.
The CSAG Roadmap and Recommendations for the U.S.
Government, ``A Responsibility to Prepare: Strengthening
National and Homeland Security in the Face of a Changing
Climate,'' The Climate and Security Advisory Group, full
report, 26 February 2018. Signatory and event panelist.
Lead Author, Virginia Coastal Resilience Master Planning
Framework--Virginia's first planning process document--setting
the course for the future of Virginia's coastal adaptation and
protection--released October 22, 2020. https://
www.governor.virginia.gov/ media/governorvirginiagov/governor-
of-virginia/pdf/Virginia-Coastal-Resilience-Master-Planning-
Framework-October-2020.pdf
The Impact of Climate Change on Virginia's Coastal Areas.
Virginia Academy of Science Engineering and Medicine, June
2021. Report Directed by the 2020 Virginia General Assembly
House and Senate Joint Resolution 47, to be conducted by the
Joint Committee on Technology and Science. Study Board Member.
Investing in Transportation Resilience: A Framework for
Informed Choices. Consensus Study report, National Academies of
Science Engineering and Medicine, Transportation Research
Board. Committee on Transportation Resilience Metrics. The
National Academies Press, Washington DC.
August 5, 2021. Committee Member.
Film/Documentary appearances
American Resilience Project Production, Tidewater, a film
about climate impact on national security in Hampton Roads.
https://www.amresproject.org/tidewater-film). Filmed October,
2016, first showing, March 20, 2017.
WGBH NOVA, Decoding The Weather Machine, a 2 hour
documentary about the science and impacts of climate change.
Aired April 18, 2018. http://www.pbs.org/wgbh/nova/earth/
decoding-weather-machine.html
WHRO Production: She's Coming Home, documenting the journeys
of three women veterans as they leave military service. Aired
March, 2019
Attachment D--Speeches, Presentations
------------------------------------------------------------------------
Type of
Date Presentation Presented to Topic
------------------------------------------------------------------------
31 Aug 21 Web/Panel Global Alliance Building Coastal
of Disaster Resilience in
Resilience Virginia, Connecting
Institutes Research to Need
------------------------------------------------------------------------
25 Aug 21 Web/Panel Resilient Coastal Resilience,
Virginia Building Strategies
for Virginia
------------------------------------------------------------------------
19 Aug 21 Web/Public Northern VA Virginia Coastal Master
Meeting Regional Plan Impact Assessment/
Commission/ Public Input
Public
------------------------------------------------------------------------
11 Aug 21 Public Meeting/ Eastern Shore Virginia Coastal Master
Presentation Planning Plan Impact Assessment/
District Public Input
Public Meeting
------------------------------------------------------------------------
5 Aug 21 Public Meeting Hampton Roads Virginia Coastal Master
PDC Plan Impact Assessment/
Public Input
------------------------------------------------------------------------
4 Aug 21 Public Meeting Northern Neck Virginia Coastal Master
PDC Plan Impact Assessment/
Public Input
------------------------------------------------------------------------
3 Aug 21 Public Meeting Middle Virginia Coastal Master
Peninsula PDC Plan Impact Assessment/
Public Input
------------------------------------------------------------------------
2 Aug 21 Public Meeting Crater PDC Virginia Coastal Master
Plan Impact Assessment/
Public Input
------------------------------------------------------------------------
28 Jul 21 Public Meeting Richmond PDC Virginia Coastal Master
Plan Impact Assessment/
Public Input
------------------------------------------------------------------------
27 Jul 21 Public Meeting George Virginia Coastal Master
Washington PDC Plan Impact Assessment/
Public Input
------------------------------------------------------------------------
19 Jul 21 Web/ VA02 Chesapeake Update, Virginia
Presentation Bay WG Coastal Resilience
Master Plan
------------------------------------------------------------------------
15 Jul 21 Web/ Emergency Virginia Coastal
Presentation Manages of Resilience
Central Va
------------------------------------------------------------------------
28 June 21 Web/panel RAND/USCA Building Urgency for
Coastal resilience in
Virginia
------------------------------------------------------------------------
25 June 21 Web Lambda Alpha of Coastal Adaptation and
Presentation Northern Protection in Virginia
Virginia
------------------------------------------------------------------------
24 June 21 Web/Panel/ Jackson Hole What's the Worst that
Presentation Global Forum Can Happen, Avoiding
on Climate the Unmanageable
Change and
National
Security
------------------------------------------------------------------------
23 June 21 Web/Fireside Virginia Women Fireside Chat with
Chat Veteran's Congresswoman Elaine
Summit Luria, Leadership and
Mentoring
------------------------------------------------------------------------
17 June 21 Presentation/ LEAD Virginia Coastal Resilience in
Panel Virginia
------------------------------------------------------------------------
25 May 21 Web/Panel NASEM/reactive Coastal resilience and
and Proactive Data use for Decision
Local Actions Makers in Virginia
and Data
Translation
------------------------------------------------------------------------
20 May 21 Web HRPDC Board and Coastal Resilience
Presentation Regional Master Plan and
Legislators Process
------------------------------------------------------------------------
13 May 21 Web/panel LEAD 757 Coastal Resilience
Master Planning in
Virginia/
Infrastructure Day
------------------------------------------------------------------------
11 May 21 Web/ Virginia Coastal Adaptation and
Presentation/ Conservation Protection in
panel Network Virginia, rainfall
impacts, resilience
for coastal and non-
coastal communities
------------------------------------------------------------------------
7 May 21 Web/panel/ The Center for Building Climate
Presentation Climate and Resilience at Home--
Security/EESI Preparing for and
Preventing the
Security Impacts of
Climate Change
------------------------------------------------------------------------
14 April 21 Web/ Virginia Virginia Coastal
Presentation Eastern Shore resilience Master Plan
Conservation and Strategies
Alliance
------------------------------------------------------------------------
9 March 21 Web/ EPA/VA Tribes Coastal Resilience
Presentation RTOC Master Plan and
Community Flood Fund
------------------------------------------------------------------------
18 Feb 21 Web/ CIVIC Hampton Coastal resilience in
Presentation Roads Virginia, Building a
Master Plan
------------------------------------------------------------------------
14 Feb 21 Web/Panel Richmond VA Env Tidewater (Movie)
Film Festival Commentary
------------------------------------------------------------------------
26 Jan 21 Web/Panel SE and What does it take to be
Presentation Caribbean resilient?
Disaster
Resilience
Partnership
------------------------------------------------------------------------
19 Jan 21 Web GWRC Env Advancing Community
Presentation Managers resilience
Meeting
------------------------------------------------------------------------
14 Jan 21 Web/ Preservation Coastal and Historic
Presentation Virginia resilience in Virginia
------------------------------------------------------------------------
13 Jan 21 Web Coastal at VT Coastal Master Plan
Presentation Framework in Virginia
------------------------------------------------------------------------
12 Jan 21 Web/ Climate Action Coastal Master Plan
Presentation Working group Framework and Coastal
Eastern Shore resilience
------------------------------------------------------------------------
8 Jan 21 Web Panel Navy War National Security
Presentation College Forum Significance of a
Changing Climate: Risk
and Resilience in the
21st Century
------------------------------------------------------------------------
7 Jan 21 Web/ Chesapeake Bay Virginia Coastal Master
Presentation Commission Planning Framework
------------------------------------------------------------------------
21 Dec 20 Web Va General Assy Virginia Coastal
Presentation Joint Resilience Master
Subcommittee Planning Framework
on Coastal
Flooding
------------------------------------------------------------------------
16 Dec 20 Web NCSL NCSL; Webinar Title:
Presentation/ Designed for Disaster:
Panel The Impact of State
and Federal Policies
on Military
Installation
resilience
------------------------------------------------------------------------
10 Dec 20 Web Virginia Virginia Coastal
Presentation Maritime Assn resilience/Port
Young Leaders Infrastructure
Class Resilience
------------------------------------------------------------------------
9 Dec 20 Web HR EDA Virginia Coastal
Presentation Resilience Master
Planning Framework
------------------------------------------------------------------------
8 Dec 20 Web HRPDC Coastal Virginia Coastal
Presentation Resilience Resilience Master
Subcommittee Planning Framework
------------------------------------------------------------------------
2 Dec 20 Web HRPDC Chief Virginia Coastal
Presentation Administrative Resilience Master
Officers Planning Framework
------------------------------------------------------------------------
2 Dec 20 Web Center for Virginia Coastal
Presentation Climate and Resilience Master
Security Planning Framework
------------------------------------------------------------------------
20 Nov 20 Web Wetlands Watch Virginia Coastal
Presentation Lunch and Resilience Master
Learn Planning Framework
------------------------------------------------------------------------
19 Nov 20 Presentation Virginia Sec of Virginia Coastal
Vet and Def Resilience Master
Affairs Planning Framework
Military
Advisory
Committee
------------------------------------------------------------------------
13 Nov 20 Web Virginia Env Virginia Coastal
Presentation Community Resilience Master
Planning Framework
------------------------------------------------------------------------
4 Nov 20 Web HRPDC Board Virginia Coastal
Presentation Resilience Master
Planning Framework
------------------------------------------------------------------------
4 Nov 20 Web Joint Virginia Coastal
Presentation Subcommittee Resilience Master
on Flooding Planning Framework/
Update on 2020
Legislation/DEQ/DCR/
VMRC
------------------------------------------------------------------------
2 Nov 20 Web Virginia Assn Virginia Coastal
Presentation of Floodplain Resilience Master
Managers Planning Framework
------------------------------------------------------------------------
29 Oct 20 Web NC SE Regional Engaging at the
Presentation/ PASS Federal, State and
Panel Local Level on
Resilience
------------------------------------------------------------------------
21 Oct 20 Web/ Virginia Virginia Coastal
Presentation Coastal Policy Resilience Master
Center at W&M Planning Framework
------------------------------------------------------------------------
15 Oct 20 Web/ ASBPA, NOAA The Role of Coastal
Presentation resilience in the UN
Decade of Ocean
Science
------------------------------------------------------------------------
05 Oct 20 Blog/Article The Center for Interview with Rear
Climate and Admiral Ann Phillips
Security on Climate and
Security: ``You're the
Future. No Pressure!''
------------------------------------------------------------------------
28 Sep 20 Web Testimony VA DHCD Testimony in support of
Building Code the board voting to
Board Meeting adopt stricter
building codes in VA
(2 mins)
------------------------------------------------------------------------
21 Sep 20 Web VA Water Coastal Adaptation and
Presentation Monitoring Protection in Virginia
Conference
keynote
------------------------------------------------------------------------
16 Sep 20 Web Riley Center, The Challenges of
Presentation/ Charleston SC Financing Resilience
Panel
------------------------------------------------------------------------
21 Aug 20 Web panel Resilient Coastal Adaptation in
Virginia Virginia
------------------------------------------------------------------------
7 July 20 Web Panel Richmond Fed Climate Change Risk in
Reserve Bank Virginia
------------------------------------------------------------------------
29 Mar 20 Presentation Virginia Lakes Keynote: Coastal
and Watershed Adaptation and
Assn Protection in Virginia
------------------------------------------------------------------------
9 Mar 20 Presentation DCR Flood Brief remarks, Flood
Awareness Week resilience in Virginia
Kickoff
------------------------------------------------------------------------
3 Mar 20 Presentation HE Assn of Coastal Adaptation and
Commercial Protection in Va, the
Real Estate Need for Action
Past Pres
Council
------------------------------------------------------------------------
28 Feb 20 Speaker Chesterfield Ribbon Cutting w Gov
Heights/NDRC Northam and Mayor
Grant Project Alexander, Brief
KickOff remarks about the
Project
------------------------------------------------------------------------
13 Feb 20 Testimony Senate Special Testimony on the Impact
Committee on to Federal and DOD
the Climate Facilities in Virginia
Crisis
------------------------------------------------------------------------
24 Jan 20 Panel Virginia Bar Coastal Adaptation in
Presentation Assn Annual Virginia
Conf
------------------------------------------------------------------------
22 Jan 20 Opening Panel VCPC/ANPDC Funding strategies for
Presentation Eastern Shore Coastal Adaptation in
Virginia
------------------------------------------------------------------------
9 Jan 20 Presentation Hampton Roads Coastal Adaptation and
realtors Assn Protection in
Virginia, Flood
Disclosure needs
------------------------------------------------------------------------
10 Dec 19 Presentation Virginia Beach Coastal Adaptation in
Vision Virginia
------------------------------------------------------------------------
21 Nov 19 Presentation/ VAGHC Coastal Adaptation in
Panel Conference Virginia
moderator
------------------------------------------------------------------------
19 Nov 19 Testimony House T&I WRDA Coastal Adaptation
Subcommittee needs in Virginia
------------------------------------------------------------------------
14 Nov 19 Opening remarks VCPC Annual Coastal Adaptation in
Conference Virginia, Funding,
partnerships, Planning
------------------------------------------------------------------------
8 Nov 19 Presentation/ Virginia Coastal Adaptation in
Panelist Wesleyan/ Virginia, the Next
Generations Generation
Uniting to
Address
Climate Change
------------------------------------------------------------------------
7 Nov 19 Panelist CIVIC Hampton Sea Level rise and
Roads Coastal resilience
------------------------------------------------------------------------
30 Oct 19 Presentation/ Energy Coastal resilience
Panel Foundation needs in Virginia
Annual meeting
Richmond
------------------------------------------------------------------------
25 Oct 2019 Presentation Science Museum Communicating about
of Va/YALE Coastal Adaptation
Communication
Workshop
------------------------------------------------------------------------
24 Oct 19 Panel AIA Annual Coastal Adaptation and
Conference VB Protection in Hampton
Roads
------------------------------------------------------------------------
15 Oct 19 Panel/ Western Ports Port Infrastructure
Presentation Conference/ resilience/Coastal
Hampton Roads Adaptation needs
------------------------------------------------------------------------
10 Oct 19 Presentation Floodplain Coastal Adaptation and
Managers Assn Protection in Virginia
of VA
------------------------------------------------------------------------
27 Sep 19 Panel VB Business The Need for Coastal
Council Adaptation and
Protection in Virginia
------------------------------------------------------------------------
25 Sep 19 Testimony House T&I Coastal Resilience and
Subcommittee Port Infrastructure
USCG and Port
Infrastructure
------------------------------------------------------------------------
24 Sep 19 Panel Climate and Climate Impact on
Security Forum National Security
infrastructure
------------------------------------------------------------------------
10 Sept 19 Keynote VWEA Coastal Adaptation and
Presentation Conference, Protection in Virginia
Water Jam
------------------------------------------------------------------------
19 Aug 19 Presentation Virginia GA Coastal Adaptation and
Joint Flooding Protection Update
Subcommittee
------------------------------------------------------------------------
25 Jul 19 Presentation/ PDC Annual Coastal Adaptation and
Panel Conference Protection in Virginia
------------------------------------------------------------------------
24 Jul 19 Testimony House Budget Coastal Adaptation and
Committee Protection Needs in
Virginia
------------------------------------------------------------------------
12 July 19 Presentation HR Adaptation Coastal Adaptation and
Forum Protection
------------------------------------------------------------------------
8 Jul 19 Comments House Select Virginia Actions,
Committee on Coastal Adaptation and
the Climate Protection
Crisis Visit
to Hampton
Roads
------------------------------------------------------------------------
20 Jun 19 Presentation Hampton Roads Coastal Adaptation and
Kiwanis Protection
------------------------------------------------------------------------
12 Jun 19 Presentation Virginia Sea Coastal Adaptation and
Grant Forum Protection in Virginia
------------------------------------------------------------------------
24 Jun 19 Presentations/ Everlab, NOLA Coastal Adaptation for
Panels Coastal Virginia
Communities/
Commonwealth Actions
------------------------------------------------------------------------
31 May 19 Comments Senator Kaine Commonwealth Actions on
Coastal Coastal Adaptation
Adaptation
Forum CBF VB
------------------------------------------------------------------------
19 May 19 Presentation VA League of Coastal Adaptation and
Women Voters Protection in Virginia
------------------------------------------------------------------------
16 May 19 Presentation APWRX Virginia Coastal Adaptation and
Conference Protection in Virginia
------------------------------------------------------------------------
15 May 19 Presentation Virginia Coastal Adaptation and
Maritime Assn Protection in Virginia
------------------------------------------------------------------------
11 May 19 Keynote UNC NROTC Commissioning remarks/
Graduation Leadership
------------------------------------------------------------------------
6 May 19 Keynote Keeping History History of the
Above Water St Challenges of Coastal
Augustine FLA Adaptation and
Protection in Virginia
------------------------------------------------------------------------
3 May 19 Presentation VCPC Resilience Opening remarks
Funding Forum
------------------------------------------------------------------------
01 May 19 remarks RAFT/VDOT Coastal Adaptation and
Eastern Shore Protection in Virginia
meeting
------------------------------------------------------------------------
26 Apr 19 Panel Norfolk Remarks on Leadership/
International Experiences
Tattoo Women
in the
Military
------------------------------------------------------------------------
23 Apr 19 Panel GT CLIVAR Coastal Adaptation and
Norfolk Protection in Virginia
------------------------------------------------------------------------
19 Apr 19 Presentation Del Convirs Coastal Adaptation and
Fowler Town Protection in Virginia
Hall
------------------------------------------------------------------------
15 April 19 Presentation NNPDC Board Coastal Adaptation and
Meeting Protection in Virginia
------------------------------------------------------------------------
12 Apr 19 Presentation HRPDC Elected Coastal Adaptation and
Subcommittee Protection in Virginia
on Flooding
------------------------------------------------------------------------
4 April 19 Presentation Ghent Norfolk Coastal Adaptation and
VA Business Protection in Virginia
Assn
------------------------------------------------------------------------
29 Mar 19 Presentation The Hoover Coastal Adaptation and
panel Institution Protection
Infrastructure
resilience in Virginia
------------------------------------------------------------------------
26 Mar 19 Radio Talk Show Hear Say with Coastal Adaptation and
Cathy Lewis Protection in Virginia
------------------------------------------------------------------------
21 Mar 19 Keynote Governor's Leadership/Veteran's
Women Experiences
Veteran's
Lunch
------------------------------------------------------------------------
11 Mar 19 Presentation Coastal PDC Coastal Adaptation and
Director's Protection in Virginia
meeting
------------------------------------------------------------------------
7 Mar 19 Presentation/ HRSP Meeting Coastal Adaptation and
panel NOAA Protection in Virginia/
Washington DC Science needs
------------------------------------------------------------------------
6 Mar 19 Presentation/ ASCE Conference Coastal Adaptation and
Key note NN Va Protection in Virginia
------------------------------------------------------------------------
1 Mar 19 Presentation/ EESI/CCS Coastal Adaptation and
panel Defense Protection in Virginia/
Communities National Security
Risks
------------------------------------------------------------------------
27 Feb 19 Presentation UNiv of Coastal Adaptation and
Richmond Protection in Virginia
lecture
------------------------------------------------------------------------
18-19 Feb 19 Panelist/ The Planetary Climate Impact on
Presenter Security National Security
Conference
2019, The
Hague
------------------------------------------------------------------------
1 Feb 19 Panelist/ The Hoover Building Climate
Presenter Institution resilience for greater
Stanford Woods U.S. Security
Center DC
------------------------------------------------------------------------
16/17 Jan 19 Forum Speaker Chatham Hall Leader in Residence
School Program
------------------------------------------------------------------------
7 Jan 19 remarks Virginia GA Intro to Coastal
Joint Adaptation and
Subcommittee Protection in Virginia
on Coastal
Flooding
------------------------------------------------------------------------
12 Dec 18 Interview Virginian Pilot Position of Spec Asst
for Costal Adaptation
and Protection
------------------------------------------------------------------------
4 Dec 18 Presentation Virginia Beach Coastal Adaptation and
Vision Protection in Virginia
------------------------------------------------------------------------
15 Nov 18 Remarks HRPDC Flooding Coastal Adaptation and
Subcommittee Protection in Virginia
------------------------------------------------------------------------
7 Nov 18 Keynote remarks VASEM Annual Coastal Adaptation and
Conf Dinner Protection in Virginia
------------------------------------------------------------------------
7 Nov 18 remarks HRPDC CAO SLR Coastal Adaptation and
Committee Protection in Virginia
------------------------------------------------------------------------
2 Nov 18 Panel Moderator VCPC Annual Coastal Adaptation and
Conference Protection and
National Security in
Virginia/EO24 release
------------------------------------------------------------------------
30 Oct 18 panel APA VA Meeting Coastal Adaptation and
Alexandria Protection in Virginia
------------------------------------------------------------------------
25 Oct 18 remarks VB Chamber Exec Coastal Adaptation and
Committee Protection in Virginia
------------------------------------------------------------------------
28 Sep 18 Remarks/panel Wharton Risk Strategies for coastal
Center relocation
------------------------------------------------------------------------
27 Sep 18 Remarks Movie Wharton Risk Tidewater Showing
showing Center
------------------------------------------------------------------------
24 Sep 18 Remarks/Panel CCS/NC State Climate and National
Raleigh Security Risk
------------------------------------------------------------------------
18 Sep 18 Remarks Movie Citizen's Tidewater Showing
Climate Lobby
Christopher
Newport
University
------------------------------------------------------------------------
17 August 18 Movie Filming WHRO Women Movie ``She's Coming
Veteran's Home'' featuring 3
Stories Women Vet's stories,
one of which is mine
------------------------------------------------------------------------
14 Aug 18 Presenter/ NASEM BEES Climate and National
panelist Security risk,
Virginia Actions
------------------------------------------------------------------------
6-8 August 18 Presenter, Center for Climate and National
panel Climate and Security Risks, SC
Moderator Security HM focus
Jackson event,
Charleston SC
------------------------------------------------------------------------
23 Jul 18 Presenter APA Virginia Climate Security and
Conference Tidewater Movie
Screening
------------------------------------------------------------------------
17 Jul 18 Interview for Author Therese Women in the Military
book Hughes compendium title: In a
HeartBeat
------------------------------------------------------------------------
9 July 18 Presenter W&M Whole of Climate Impact on
Panelist Govt Center National Security,
Federal Infrastructure
------------------------------------------------------------------------
26 Jun 18 Presenter/ WEDA Conference Climate Impact on
panelist DC national Security
------------------------------------------------------------------------
13 June 18 BLOG Interview CCS Blog Climate Impact on
National Security
Infrastructure and
Activities Aired as
Episode 2: A
Conversation with Rear
Admiral Ann Phillips,
U.S. Navy (Ret),
Advisory Board, The
Center for Climate and
Security (November 16,
2018) https://
climateandsecurity.org/
podcast/
------------------------------------------------------------------------
9 Jun 18 Speaker March for the Climate and Security
(Cancelled by Oceans Actions
weather)
------------------------------------------------------------------------
22 May 18 Remarks/w other Atlantic National Security
seminar Council Climate Impacts
members resilience
Seminar
------------------------------------------------------------------------
14 May 18 Interview/film USA Today Climate Impact national
Security
------------------------------------------------------------------------
2 May 18 Int Film CIVIC HR CIVIC experience
------------------------------------------------------------------------
24 April 18 Panelist/ The Hague Climate as a National
Speaker roundtable/GWU/ Security impact
CCS
------------------------------------------------------------------------
20 April 18 Panelist W&M WOG panel w/ Climate and National
Speaker VCPC Security
------------------------------------------------------------------------
18 April 18 Panelist Wharton UPENN Climate and Security
Speaker IGEL actions
Conference
------------------------------------------------------------------------
6 April 18 Forum Speaker Hilton Head Climate and Security,
World Affairs Whole of Govt
Council Approach, Hampton
Quarterly Roads Virginia
Forum
------------------------------------------------------------------------
28 March 2018 Speaker Rachel's Whole of Govt and
Panelist Network Annual Community Climate
Meeting Security Actions
------------------------------------------------------------------------
9/10 Mar 18 Speaker Tulane Env Law Climate and Security,
Panelist Conference Hampton Roads
------------------------------------------------------------------------
6/7 Mar 18 Speaker GWU Forum Global Climate Security
Impact
------------------------------------------------------------------------
26 Feb 18 Speaker Council on Climate Impact on
Panelist Strategic National Security,
Risks Climate Hampton Roads The CSAG
and Security Roadmap and
Forum Recommendations for
the U.S. Government,
``A Responsibility to
Prepare: Strengthening
National and Homeland
Security in the Face
of a Changing
Climate,'' The Climate
and Security Advisory
Group, full report,
February 2018
------------------------------------------------------------------------
10 Feb 18 Speaker Richmond Env Tidewater Showing
film Festival
------------------------------------------------------------------------
31 Jan 18 Speaker/panel SAME Meeting Tidewater Showing
Event
------------------------------------------------------------------------
25 Jan 18 Comments VA GA Local Flood Fund Creation
Govt Committee
------------------------------------------------------------------------
14 Jan 18 Interview Economist Climate Impact on
magazine National Security
------------------------------------------------------------------------
20 Dec 17 Comments LT GOV Northam Veteran's employment
Veteran's Challenges
Committee
------------------------------------------------------------------------
10-14 Dec 17 Panel/Guest Planetary Climate Impact on
Security National Security
Conference The
Hague, with
CCS
------------------------------------------------------------------------
28 Nov 17 Panelist CCS-IISS Panels Climate Security in the
Asia-Pacific region
------------------------------------------------------------------------
14 Nov 17 Speaker Norfolk State/ Tidewater Showing
LCV
------------------------------------------------------------------------
7 Nov 17 Speaker/ NASEM Marine Climate Impact on Port
panelist Board Infrastructure and
National Security in
Virginia
------------------------------------------------------------------------
4-6 Nov 17 Interview/Video WGBH/NOVA Decoding the Weather
Filming Machine/Climate impact
on National Security
(Aired 18 April 2018)
------------------------------------------------------------------------
30 Oct 17 Commentary CCS/HMJackson Tidewater Showing
Seattle
------------------------------------------------------------------------
26 Oct 17 Commentary Williamsburg/ Tidewater Showing
LCV/CCL
------------------------------------------------------------------------
29 Sep 17 TV Interview The Bridge/ Topic Discussion
(Air Date Washington DC ``Dealing with Rising
unknown) Seas--Politics &
Policy & What we can
Learn from The Dutch``
------------------------------------------------------------------------
24-26 Sep 27 Presentation Environmental Climate Impact on
Grantmaker's National Security
Assn/DR
Foundation/CCS
Seattle W
------------------------------------------------------------------------
12 Sep 17 Remarks/panel David Climate Impact on
Rockefeller National Security/
Foundation/ Marsh to Strategic
Rachel's
Network
------------------------------------------------------------------------
16 Aug 17 remarks Slover Library Tidewater Showing
------------------------------------------------------------------------
12 Jul 17 Testimony House Science Climate Impact on
Space and National Security
Technology
panel w CCS/
EESI
------------------------------------------------------------------------
3 Jul 17 Discussion/ Rep Scott Climate Impact on
presentation Taylor VA-02 w National Security
CCL
------------------------------------------------------------------------
26 June 17 Panel The Hoover Coastal Dialogues
Institution
------------------------------------------------------------------------
5 June 17 Remarks/panel CCS/EESI Cannon Uncommon Dialogue/
Building Climate and Security
------------------------------------------------------------------------
23 May 17 Radio Show Hear Say/WHRO Tidewater
------------------------------------------------------------------------
16 May 17 Remarks Gov McAuliffe/ Climate Impact on
Energy National Security
Legislation
Signing
------------------------------------------------------------------------
9 May 17 Remarks/panel Blue Frontier Climate Impact,
Conference DC national Security
Hampton Roads
Intergovernmental
Pilot Project
------------------------------------------------------------------------
28 April 17 Remarks Citizens Climate Impact on
Climate Lobby national Security
Annual
Conference, DC
------------------------------------------------------------------------
12-14 Apr 17 remarks Climate and Climate Impact on
Energy Funders national Security
Group
Conference, SF
with CCS and
DR Foundation
------------------------------------------------------------------------
28 Mar 17 Speaker National Assn Cyber Security, Lessons
of Water Learned from the Navy
Companies Perspective
------------------------------------------------------------------------
20 March 17 Speaker CCS, American Tidewater Opening, DC
panelist Resilience Env Film Festival
Project Navy
Memorial
Auditorium
------------------------------------------------------------------------
15 Mar 17 Moderator Women's History Women in the Navy/WAVES
Day HR Navy
Museum
------------------------------------------------------------------------
14/15 Nov 16 Panelist UNC Climate COE HR Intergovernmental
Conference Pilot Project
------------------------------------------------------------------------
3 Nov 16 Speaker Military Day Military Transition
CIVIC HE
------------------------------------------------------------------------
27 Sep 16 Speaker American Climate Impact on
Panelist Meteorological national Security
Assn
Conference
------------------------------------------------------------------------
26 Sep 16 Speaker National Press Climate Impact on
Club Event/ National Security
Climate Action
Committee re
Climate Action
plan release
------------------------------------------------------------------------
14 Nov 15 Speaker Veteran's Reentering Society, A
Welcome Home Veteran's Worth
Initiative VB
------------------------------------------------------------------------
4 Mar 2015 Panel Moderator HR Navy Museum Women's History Month
------------------------------------------------------------------------
24 April 2014 Speaker UNC NROTC Panel on leadership
Distinguished
Alumni Award
(received)
------------------------------------------------------------------------
10 Sep 2013 Speaker ESG 2 Change of Farewell remarks
Command
------------------------------------------------------------------------
June 2013 Interviews, Operational Interviews, remarks,
remarks Commander/ other media coverage,
BALTOPS BALTOPS 2013, Baltic
Sea Opareas
------------------------------------------------------------------------
May 2013 Speaker Hampton Roads Leadership Advice
NROTC
Graduation/
Commissioning
------------------------------------------------------------------------
June 2012 Interviews, Operational Interviews, remarks,
remarks Commander/ other media coverage,
BALTOPS BALTOPS 2012, Baltic
Sea Opareas
------------------------------------------------------------------------
April 2012 Speeches/ Fort Lauderdale Interviews, remarks,
Presentations/ Fleet Week/ Other media exposure
Remarks, Officer related to Fleet Week
Interviews, TV/ Conducting Events
Radio Exercise
------------------------------------------------------------------------
April 2012 Speeches/ War of 1812 Interviews, remarks, TV
Presentations/ Commemoration and Radio, Print Media
Remarks, Kick Off, New
Interviews/TV/ Orleans/
Radio Officer in
Charge
------------------------------------------------------------------------
2 Mar 2011 Speech/Keynote Women's History Leadership and Navy
Month NSWC Experience
Panama City
FLA
------------------------------------------------------------------------
2010-2012 Annual Program N86B/N86 to N86 Program Objectives
Presentation Surface Navy Presentation to annual
Assn Annual Surface Warfare Assn
Conference Conference, Washington
DC
------------------------------------------------------------------------
2010-2012 Speaker/ Joint Women's Annual Women's
panelist Leadership Leadership event,
Symposium speaker, breakout
Annual session speaker, panel
Conference moderator/Women's
Leadership initiatives
------------------------------------------------------------------------
Attachment E--Congressional Testimony
*All of the below were done in my official capacity as Special
Assistant to the Governor of Virginia for Coastal Adaptation and
Protection.
Senate Special Committee on the Climate Crisis Testimony,
Rear Admiral Ann Phillips, USN (Ret), ``Understanding and
Combating the Security Risks of Climate Change,'', (February
13, 2020)
House T&I Subcommittee on the Water Resources Development
Act and the Environment (Nov 22, 2019)
Written Submission in response to the House Select Committee
on the Climate Crisis RFI Questions 11 and 12, (November 22,
2019)
House T&I Subcommittee on Coast Guard and Maritime
Transportation (Sept 24, 2019)
House Committee on the Budget, Testimony, Rear Admiral Ann
Phillips, USN (Ret), ``The Costs of Climate Change: From Coasts
to Heartland, Health to Security,'' (July 24, 2019)
The testimony listed below, before the House Committee on Science,
Space and Technology, was done as a private citizen and member of the
Advisory Board of the Center for Climate and Security
House Committee on Science, Space and Technology:
Subcommittee Testimony, SCIENCE AND POLICY PERSPECTIVES:
NATIONAL SECURITY IMPLICATIONS OF CLIMATE CHANGE. (JULY
12TH, 2017) https://science.house.gov/events/
science-and-policy-perspectives-national-security-implications-
of-climate-change
The Chairwoman. Thank you, Rear Admiral Phillips.
Dr. Cliff, welcome. You're welcome to make your opening
statement.
STATEMENT OF DR. STEVEN SCOTT CLIFF,
NOMINEE TO BE ADMINISTRATOR,
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
Dr. Cliff. Thank you, Chair Cantwell, Ranking Member
Wicker, and Members of the Committee.
I am honored to appear before you today as the Nominee for
the National Highway Traffic Safety Administration, known as
NHTSA.
I want to thank the President and Secretary Buttigieg for
their trust in nominating me.
I also want to thank my wife Maureen and our two adult
children, Evelyn and Grayson, my folks, and all the rest of my
family and friends who are watching online.
I have spent my entire career as a public servant, first as
a scientist at the University of California at Davis and then
for more than a decade in various roles, technical and
leadership roles in the California government where I
championed sustainable transportation.
Now if I'm honored enough to be confirmed, I will draw upon
those decades of experience to help make our transportation
system safer for every American.
NHTSA's mission of saving lives on our Nation's roads is
very personal for me just as it is for too many Americans.
While in high school, I rode in a caravan with a group of
friends heading to a graduation gathering at the beach. One of
the cars driven by my best friend when changing lanes crossed
the median, flipped over, and collided with an oncoming car.
Oleanders were the only median barriers at that time to protect
against oncoming traffic. Three of four occupants, including my
best friend, were killed. My life was changed forever.
This tragedy led my parents and my hometown to start a
graduation night event to reduce tragedies like this and while
neither alcohol nor drugs played a role in the event I just
described, these safe and sober graduation night parties have
undoubtedly prevented many senseless deaths in the 33 years
since that terrible day.
Since February 2, 2021, I have served as Deputy
Administrator of NHTSA, working with some of the most dedicated
and professional public servants I've ever encountered.
NHTSA is focused on making our vehicles safer for everyone
while integrating policies that make transportation more safe,
equitable, and environmentally sustainable, top priorities of
this Administration.
Like the rest of the department, I am gravely concerned
about the increase in traffic fatalities during the COVID-19
pandemic. Secretary Buttigieg rightfully called it a crisis.
While many stopped driving in the early days of the
pandemic, those who remained on the road were more likely to
engage in risky behaviors. As a result, we've seen an
unprecedented rise in roadway fatalities. I am committed to
turning this around.
We have much to learn about why some driving behaviors
changed during the pandemic, how we can encourage people to
make safer choices, and how to change a culture that accepts
the loss of tens of thousands of people in roadway crashes as
inevitable.
We continue to work with safety stakeholders around the
country to develop countermeasures but more work needs to be
done. A cultural change will take a transformational and
collaborative approach to safety. Everyone, including those who
design, operate, build, and use the road system, shares
responsibility for road safety.
By taking the safe systems approach, we commit to improving
safety for all road users. A safe system approach incorporates
the five Es: equity, engineering, education, enforcement, and
emergency medical services.
The monumental bipartisan Infrastructure law will be
central to these efforts. This historic legislation increases
NHTSA's budget by 50 percent, the largest investment in motor
vehicle and highway safety since NHTSA was established more
than 50 years ago.
This funding will improve our understanding of where and
how crashes happen by improving data quality and expanding
electronic reporting to move from paper-based data collection
systems to digital systems. It will also broaden the crash
investigation sampling system by increasing the number of data
collection sites, including more crash types, and adding on-
scene investigation protocols to enhance the data collection in
crashes involving vulnerable road users.
These improvements will allow us to understand in real time
the causes of crashes and help us address those causes.
NHTSA is also responsible for setting the corporate average
fuel economy standards or CAFE. I am committed to making the
transportation fleet as efficient as possible to save consumers
billions of dollars at the pump, to improve the Nation's energy
security, and to protect the environment.
We will focus on safe, equitable, and environmentally
protective policies as we carry out our life-saving mission.
If I have the honor of being confirmed as the Administrator
of NHTSA, I commit to continuing to work with members of this
committee to improve roadway safety, foster innovation, advance
transportation equity, and address climate change.
Chair Cantwell, Ranking Member Wicker, and Members of the
Committee, thank you for your consideration. I look forward to
your questions.
[The prepared statement and biographical information of Dr.
Cliff follow:]
Prepared Statement of Dr. Steven Cliff, Nominee to be Administrator,
National Highway Traffic Safety Administration
Chair Cantwell, Ranking Member Wicker, and Members of the
Committee, I am honored to appear before you today as the nominee for
Administrator of the National Highway Traffic Safety Administration
(NHTSA).
I want to thank the President and Secretary Buttigieg for their
trust in nominating me. I also want to thank my wife, Maureen, and our
two adult children, Evelyn and Grayson, my folks and all the rest of my
family and friends who are watching online.
I have spent my entire career as a public servant. First, as a
scientist at the University of California, Davis, and then for more
than a decade in various technical and leadership roles in the
California government, where I championed sustainable transportation.
Now, if I'm honored enough to be confirmed, I will draw upon those
decades of experience to help make our transportation system safer for
every American.
NHTSA's mission of saving lives on our Nation's roads is very
personal for me, just as it is for too many Americans. While in high
school, I rode in a caravan with a group of friends heading to a
graduation gathering at the beach. One of the cars, driven by my best
friend, bumped another car when changing lanes, crossed the median,
flipped over, and collided with an oncoming car. Oleanders were the
only median barriers at that time to protect against oncoming traffic.
Three of the four occupants, including my best friend, were killed. My
life was changed forever.
This tragedy led parents in my hometown to start a graduation night
event to reduce tragedies like this. And while neither alcohol nor
drugs played a role in the event I just described, these safe and sober
graduation night parties have undoubtedly prevented many senseless
deaths in the 33 years since that terrible day.
Since February 2, 2021, I have served as the Deputy Administrator
for NHTSA, working with some of the most dedicated and professional
public servants I've ever encountered. NHTSA is focused on making our
vehicles safer for everyone while integrating policies that make
transportation more safe, equitable and environmentally sustainable--
top priorities of this Administration.
Like the rest of the Department, I am gravely concerned about the
increase in traffic fatalities during the COVID-19 pandemic. Secretary
Buttigieg rightfully called it a crisis. While many stopped driving in
the early days of the pandemic, those who remained on the road were
more likely to engage in risky behaviors. As a result, we've seen an
unprecedented rise in roadway fatalities. I am committed to turning
this around.
We have much to learn about why some driving behaviors changed
during the pandemic, how we can encourage people to make safer choices,
and how to change a culture that accepts the loss of tens of thousands
of people in roadway crashes as inevitable. We continue to work with
safety stakeholders around the country to develop countermeasures but
more work needs to be done. A cultural change will take a
transformational and collaborative approach to safety. Everyone--
including those who design, operate, build and use the road system--
shares responsibility for road safety. By taking a safe systems
approach, we commit to improving safety for all road users. A safe
system approach incorporates the 5 Es: equity, engineering, education,
enforcement, and emergency medical services.
The monumental Bipartisan Infrastructure Law will be central to
these efforts. This historic legislation increases NHTSA's budget by 50
percent--the largest investment in motor vehicle and highway safety
since NHTSA was established more than 50 years ago. This funding will
improve our understanding of where and how crashes happen by improving
data quality and expanding electronic reporting to move from paper-
based data collection systems to digital systems. It will also broaden
the Crash Investigation Sampling System by increasing the number of
data collection sites, including more crash types, and adding on-scene
investigation protocols to enhance data collection in crashes involving
Vulnerable Road Users. These improvements will allow us to understand
in real time the causes of crashes and help us address those causes.
NHTSA is also responsible for setting the Corporate Average Fuel
Economy Standards. I am committed to making the transportation fleet as
efficient as possible, to save consumers billions of dollars at the
pump, to improve the Nation's energy security and to protect the
environment. We will focus on safe, equitable, and environmentally
protective policies as we carry out our life saving mission.
If I have the honor of being confirmed as the Administrator of
NHTSA, I commit to continuing to work with members of this Committee to
improve roadway safety, foster innovation, advance transportation
equity, and address climate change.
Chair Cantwell, Ranking Member Wicker, and Members of the
Committee, thank you for your consideration. I look forward to your
questions.
______
a. biographical information
1. Name (Include any former names or nicknames used): Steven Scott
Cliff.
2. Position to which nominated: Administrator, National Highway
Traffic Safety Administration.
3. Date of Nomination: October 21, 2021.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: 1200 New Jersey Ave. SE, Washington, DC 20590.
5. Date and Place of Birth: January 30, 1970; Napa, California.
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).
Maureen Michelle Palmer. Genetic Counselor Manager, Natera,
Inc.
Evelyn Maeve Cliff (daughter) 23
Grayson Palmer Cliff (son) 19
7. List all college and graduate degrees. Provide year and school
attended.
Chemistry B.S., 1992 University of California, San Diego
Chemistry Ph.D., 1998 University of California, San Diego
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Management Level Jobs Related to Nominated Position:
2021 to present: Deputy Administrator, National Highway
Traffic Safety Administration
2017-2021: Deputy Executive Officer, California Air
Resources Board
2016-2017: Senior Advisor to the Chair, California Air
Resources Board (appointed by Governor Jerry Brown)
2014-2016: Assistant Director for Sustainability, California
Department of Transportation (appointed by Governor Jerry
Brown)
2013-2014: Assistant Chief, Stationary Source Division,
California Air Resources Board
2011-2013: Chief, Climate Change Markets Branch--Stationary
Source Division, California Air Resources Board
2008-2011: Manager, Program Development Section--Office of
Climate Change, California Air Resources Board
2020-2021: Research Professor II, Air Quality Research
Center/Institute of Transportation Studies, University of
California-Davis
2016-2020: Research Professor I, Air Quality Research
Center/Institute of Transportation Studies, University of
California-Davis
2013-2016: Associate Research Professor IV, Air Quality
Research Center/Institute of Transportation Studies, University
of California-Davis
2011-2013: Associate Research Professor II, Air Quality
Research Center/Institute of Transportation Studies, University
of California-Davis
2009-2011: Associate Research Professor I, Department of
Applied Science, University of California-Davis
2006-2009: Assistant Research Professor IV, Department of
Applied Science, University of California-Davis
2007-2008: Admissions Chair-Atmospheric Science Graduate
Group, University of California-Davis
2003-2006: Assistant Research Professor III, Department of
Applied Science, University of California-Davis
2001-2003: Assistant Research Professor II, Department of
Applied Science, University of California-Davis
Non-Management Level Jobs:
2008: Air Pollution Specialist--Office of Climate Change,
California Air Resources Board
2004-2020: Approved Program Coordinator--Advanced Light
Source BL 10.3.1, Lawrence Berkeley National Laboratory
2003-2021: Atmospheric Science Graduate Group faculty
member, University of California-Davis
2001-2004: Beamline Scientist and Primary Research Team
Coordinator--Advanced Light Source BL 10.3.1, Lawrence Berkeley
National Laboratory
2001-2003: Academic Federation Rep.--Chancellor's Committee
on Childcare, University of California-Davis
1998-2001: Postdoctoral Research Fellow, Land Air and Water
Resources, University of California-Davis
1997-2001: Graduate Research Assistant, University of
California-San Diego
1993-1994: Staff Research Associate, University of
California-San Diego
9. Attach a copy of your resume.
See attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last ten years.
I served on the U.S. Environmental Protection Agency's Mobile
Sources Technical Review Subcommittee of the Clean Air Act Advisory
Committee from ca. September 2017 to January 2021. Details about the
Subcommittee are available at: https://www.epa.gov/caaac/mobile-
sources-technical-review-subcommittee-mstrs-caaac.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last ten years.
Director (vice-president) of Creamery at Alkali Flat
Homeowners Association (10/2020 to 10/2021 [resigned 10/13/21])
Sole-proprietor Steven Cliff, dba Elite Arms (Retail
Sporting Goods/Firearms) (ca. 1/2011-ca. 6/2017)
12. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religiously affiliated organization, private club, or other membership
organization. (For this question, you do not have to list your
religious affiliation or membership in a religious house of worship or
institution.). Include dates of membership and any positions you have
held with any organization. Please note whether any such club or
organization restricts membership on the basis of sex, race, color,
religion, national origin, age, or disability.
US Coast Guard Auxiliary (2000 to present). Volunteer CG
activities. Past Flotilla Safety Officer, Coxswain, Operational
Auxiliarist, and boating safety instructor.
National Rifle Association (member, expired ca. 2015)
BMW Motorcycle Owners Association (member, expired ca. 2015)
Sacramento Gun Club (member, shooting range access and
competition pistol events, canceled membership ca. June 2020)
Folsom Shooting Club (shooting range access and competition
shooting events, expired ca. Dec. 2019)
Coon Creek Trap and Skeet Club (member, volunteer coach for
youth trap team, expired ca. 2014)
Transportation Research Board (current Executive Committee
[ex officio], former chair of sustainable transportation
committee and former Group Chair)
American River Conservancy (past member, expired ca. 2014)
American Geophysical Union (member, expired ca. 2012)
American Chemical Society (member, expired ca. 2012)
American Association for the Advancement of Science (AAAS)
(member expired ca. 2013)
Air and Waste Management Association (member, expired ca.
2015)
Trojan Athletic Fund-USC Athletics (booster, not current)
Rio Americano High School Band Booster (fundraising for
son's high school band program, last active 2020)
Arden Hills Country Club (member, swim and tennis club,
canceled ca. 2017)
Mondavi Center for the Arts (annual member, expired)
Capitol Public Radio [KXJZ, local NPR affiliate] (semi-
frequent annual member, not current)
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt. No.
14. List all memberships and offices held with and services
rendered to, whether compensated or not, any political party or
election committee within the past ten years. If you have held a paid
position or served in a formal or official advisory position (whether
compensated or not) in a political campaign within the past ten years,
identify the particulars of the campaign, including the candidate, year
of the campaign, and your title and responsibilities. None.
15. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past ten years. None.
16. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
California Air Resources Board--Gold Superior Achievement
Award 2008 and 2010
California Air Resources Board--Sustained Superior
Achievement Award 2012
17. Please list each book, article, column, Internet blog posting,
or other publication you have authored, individually or with others.
Include a link to each publication when possible. Also list any
speeches that you have given on topics relevant to the position for
which you have been nominated. Do not attach copies of these
publications unless otherwise instructed.
Please see below for the most up-to-date list of publications,
speeches and presentations that I have been able to compile, to the
best of my recollection and ability. Should any additional information
be identified, I will promptly let the Committee know.
Related Speeches:
Road to Zero Annual Meeting. February 2, 2021. https://
www.nhtsa.gov/speeches-presentations/road-zero-annual-meeting-
remarks
SAE/NHTSA Cybersecurity Workshop. February 5, 2021. https://
www.nhtsa
.gov/speeches-presentations/saenhtsa-cybersecurity-workshop-
remarks
NHTSA Public Service Awards. April 27, 2021. https://
www.nhtsa.gov/speeches-presentations/nhtsa-public-service-
awards
Securing America's Future Energy (SAFE) AV Event, May 13,
2021. https://www.nhtsa.gov/speeches-presentations/securing-
americas-future-energy-safe-av-event
Drive Sober Campaign Kickoff, August 17, 2021. https://
www.nhtsa.gov/speeches-and-presentations/2021-drive-sober-
virtual-event
Peer-reviewed Journal Manuscripts:
Cliff, S.S. and M.H. Thiemens. ``High-Precision Isotopic
Determination of the 180/160 and 170/160 Ratios in Nitrous
Oxide,'' Anal. Chem.,66, 2791. 1994
Johnston, J. C., S. S. Cliff and M. H. Thiemens.
``Measurement of Multioxygen Isotopic (d180 & d170)
Fractionation Factors in the Stratospheric Sink Reactions of
Nitrous Oxide,'' J. Geophys. Res., 100, 16,801-16,804. 1995
Glickman, M. H., S.S. Cliff, M.H. Thiemens and J.P. Klinman.
``Comparative Study of 17O and 18O Isotope Effects as a
Probe for Dioxygen Activation: Application to the Soybean
Lipoxygenase Reaction,'' J. Am. Chem. Soc., 119, 11,357-11,361.
1997
Huff, A.K., S.S. Cliff and M.H. Thiemens. ``Portable
Cryogenic Collection of Atmospheric Nitrous Oxide and Carbon
Monoxide for High Precision Isotopic Analysis,'' Anal. Chem.,
69, 4267-4270. 1997
Cliff, S.S. and M.H. Thiemens. ``The 180/160 and 170/160
Ratios in Atmospheric nitrous oxide: A Mass-Independent
Anomaly,'' Science, 278, 1774-1776. 1997
Cliff, S. S., C.A.M. Brenninkmeijer and M.H. Thiemens. ``The
180/160 and 170/160 Ratios in Stratospheric nitrous oxide: A
Mass-Independent Anomaly,'' J. Geophys. Res., 104, 16,171-
16,175. 1999
Shutthanandan V. S. Thevuthasan, R. Disselkamp, A. Stroud,
A. Cavanagh, E.M. Adams, D.R. Baer, L.A. Barrie, S.S. Cliff,
and M. Jimenez-Cruz M. ``Development of PIXE, PESA and
transmission ion microscopy capability to measure aerosols by
size and time,'' Nuclear Instruments & Methods in Physics
Research Section B-Beam. Interactions with Materials & Atoms,
189:284-288, April. 2002
Bench, G., P.G. Grant. D. Ueda, S.S. Cliff, K.D. Perry and
T. A. Cahill. ``The use of STIM and PESA to measure profiles of
aerosol mass and hydrogen content, respectively, across mylar
rotating drums impactor samples,'' Aerosol Science &
Technology, 36(5):642-651. 2002
Reuter, J.E., T.A. Cahill, S.S. Cliff, C.R. Goldman, A.C.
Heyvaert, A.D. Jassby, S. Lindstrom, and D.M. Rizzo. ``An
Integrated Watershed Approach to Studying Ecosystem Health at
Lake Tahoe, CA-NV,'' Managing for Healthy Ecosystems, D.J.
Rapport, W.L. Lasley, D.E. Rolston, N.O., Nielson, C.O. Qualset
and A.B. Damania, (ed), Lewis Publishers, Boca Raton, Florida,
1283-1297, January. 2003
Reid, J.S., Halflidi, H.J., H.B. Maring, A. Smirnov, D.L.
Savoie, S.S. Cliff, E.A Reid, J.M. Livingston, M.L. Meier,
O.Dubovik, and S.-C. Tsay. ``Comparison of Size and
Morphological Measurements of Coarse Mode Dust Particles from
Africa,'' J. Geophys. Res., 108(D19), 8593. 2003
Reid, E.A., J.S. Reid, M.M. Meier, M. Dunlap, S.S. Cliff,
K.D. Perry, and H. Maring. ``Characterization of African Dust
Transported to Puerto Rico by Individual Particle and Size
Segregated Bulk Analysis,'' J. Geophys. Res., 108(D19), 8591.
2003
Shackelford, J.F., P.B. Kelly, S.S. Cliff, M. Jimenez-Cruz,
and T.A. Cahill. ``Characterizing Particulate Emissions Using
Micrometer Scale X-Ray Fluorescence,'' Ceramic Transactions,
143 59-66. 2003
Cahill, T.A., Cliff, S.S., Perry, K.D., Jimenez-Cruz, M.,
Bench, G., Grant, P.G., Ueda, D., Shackelford, J.F., Dunlap,
M., Meier, M., Kelly, P.B., Riddle, S., Selco, J. and Leifer,
R. ``Analysis of Aerosols from the World Trade Center Collapse
Site, New York, October 2 to October 30, 2001,'' Aerosol
Science and Technology, 38, 165-183. 2004
J. S. Han, K. J. Moon J. Y. Ahn, Y. D. Hong, Y. J. Kim, S.
Y. Ryu, S. S. Cliff and T. A. Cahill. ``Characteristics of Ion
Components and Trace Elements of Fine Particles at Gosan, Korea
in Springtime from 2001 to 2002,'' Enviro. Monit. and Assess,
92, 73-93, March. 2004
Uno, I., S.Satake, G.R. Carmichael, Y.Tang, Z.Wang,
T.Takemura N.Sugimoto, A.Shimizu, T. Murayama, T.A. Cahill,
S.S. Cliff, M. Uematsu, S. Ohta, P.K. Quinn, T. S. Bates.
``Numerical study of Asian dust transport during the springtime
of 2001 simulated with the Chemical Weather Forecasting System
(CFORS) model,'' J. Geophys. Res., 109, D19S24. 2004
Perry K. D., S. S. Cliff, M. P. Jimenez-Cruz. ``Evidence for
hygroscopic mineral dust particles from the Intercontinental
Transport and Chemical Transformation Experiment,'' J. Geophys.
Res., 109, D23S28. 2004
Cahill, T. A., Cliff, S.S., Shackelford, J.F., Meier, M.,
Dunlap, M., Perry, K.D., Bench, G., and Leifer, R. ``Very Fine
Aerosols from the World Trade Center Collapse Piles: Anaerobic
incineration?'' Advances in Chemistry. 2004
VanCuren, R. A., S. S. Cliff, K. D. Perry, and M. P.
Jimenez-Cruz. ``Continental Aerosol Dominance Above the Marine
Boundary Layer in the Eastern North Pacific: Continuous Aerosol
Measurements From the 2002 Intercontinental Transport and
Chemical Transformation Experiment (ITCT2K2),'' J. Geophys.
Res., 110, D09S90. 2005
Han, J.S., K.J. Moon, S. J. Lee, Y.J. Kim, S.Y. Ryu, S. S.
Cliff, and S.M. Yi. ``Size-resolved Source Apportionment of
Ambient Particles by Positive Matrix Factorization,'' Atmos.
Chem. Phys. Discuss., 5, 5223-5252. 2005
Gertler, Alan; Bytnerowicz, Andrzej, Cahill, Thomas A.;
Arbaugh, Michael; Cliff, Steven; Kahyaoglukoracin, Julide;
Tarnay, Leland; Alonso, Rocio; Fraczek, Witold. ``Sources of
Atmospheric Pollutants in the Lake Tahoe Basin,'' California
Agriculture, 60(2):53-8. 2006
Jiyoung Kim, Soon-Chang Yoon, Sang-Woo Kim, Fred Brechtel,
Anne Jefferson, Ellsworth G. Dutton, Keith N. Bower, Steven
Cliff, James J. Schauer. ``Chemical apportionment of shortwave
direct aerosol radiative forcing at the Gosan super-site, Korea
during ACEAsia,'' Atmospheric Environment, 40:35, 6718-6729,
November, ISSN 1352-2310. 2006
Ewing, S.A., B. Sutter, R. Amundson, J. Owen, K. Nishizumi,
W. Sharp, S.S. Cliff, K. Perry, W. Dietrich, and C.P. McKay.
``A threshold in soil formation at Earth's arid-hyperarid
transition,'' Geochimica et Cosmochimica Acta. 2006
Patris, N., S. S. Cliff, P. K. Quinn, M. Kasem, and M. H.
Thiemens. ``Isotopic analysis of aerosol sulfate and nitrate
during ITCT-2k2: Determination of different formation pathways
as a function of particle size,'' J. Geophys. Res., 112,
D23301. 2007
Reid, J. S., E. A. Reid, A. Walker, S. Piketh, S. Cliff, A.
Al Mandoos, S. Tsay, and T. F. Eck. ``Dynamics of southwest
Asian dust particle size characteristics with implications for
global dust research,'' J. Geophys. Res., 113, D14212. 2008
Nicolas Bukowiecki, Peter Lienemann, Matthias Hill, Renato
Figi, Agnes Richard, Markus Furger, Karen Rickers, Gerald
Falkenberg, Yongjing Zhao, Steven S. Cliff, Andre S. H. Prevot,
Urs Baltensperger, Brigitte Buchmann, Robert Gehrig. ``Real-
World Emission Factors for Antimony and Other Brake Wear
Related Trace Elements: Size-Segregated Values for Light and
Heavy-Duty Vehicles,'' Environmental Science & Technology, 43
(21), 8072-8078. 2009
Ngo M, Pinkerton K, Freeland S, Geller M, Ham W, Cliff S,
Hopkins L, Kleeman M, Kodavanti U, Meharg E, Plummer L,
Recendez J, Schenker M, Sioutas C, Smiley-Jewell S, Haas C,
Gutstein J, Wexler ``Airborne particles in the San Joaquin
Valley may affect human health,'' California Agriculture,
64(1):12-16. 2009
R. C. Moffet, T. R. Henn, A. V. Tivanski, R. J. Hopkins, Y.
Desyaterik, A. L. D. Kilcoyne, T. Tyliszczak, J. Fast, J.
Barnard, V. Shutthanandan, Cliff, S. S., Perry, K. D. A.
Laskin, M. K. Gilles. ``Microscopic Characterization of
Carbonaceous Aerosol Particle Aging in the Outflow from Mexico
City,'' Atmospheric Chemistry and Physics, 10, 961-976,
February. 2010
Bahadur, R., T. Uplinger, L. M. Russell, B. C. Sive, S. S.
Cliff, D. B. Millet, A. Goldstein, and T. S. Bates. ``Phenol
Groups in Northeastern U.S. Submicrometer Aerosol Particles
Produced from Seawater Sources,'' Environ. Sci. Technol.,
44(7), 2542-2548. 2010
Hadley, O. L., Corrigan, C. E., Kirchstetter, T. W., Cliff,
S. S., and Ramanathan, V. ``Measured black carbon deposition on
the Sierra Nevada snowpack and implication for snowpack
retreat,'' Atmos. Chem. Phys., 10, 7505-7513. 2010
Ewing, S.A., J. N. Christensen, S. T. Brown, R. A. Vancuren,
S.S. Cliff, and D. J. DePaolo. ``Pb Isotopes as an Indicator of
the Asian Contribution to Particulate Air Pollution in Urban
California,'' Environmental Science & Technology 44(23): 8911-
6. 2010
Christopher R. Williams, Kimberly A. Prather, Daniel
Rosenfeld, Steven S. Cliff. An Aerosol--Meteorological
Observatory to Better Isolate Aerosol Influences on
Precipitation Processes. Proceedings of the 8th International
Symposium on Tropospheric Profiling. 2010
VanCuren, R.A., T.A. Cahill, J. Burkhart, D. Barnes, Y.
Zhao, K. Perry, S.S. Cliff, Joe McConnell. ``Aerosols and their
sources at Summit Greenland-First results of continuous size-
and time-resolved sampling,'' Atmospheric Environment,
52(June): 82-97. 2012
Fuller, Stephen; Zhao, Yongjing; Cliff, Steven; Wexler,
Anthony; Kalberer, Markus. Direct surface analysis of time-
resolved aerosol impactor samples with ultra-high-resolution
mass spectrometry. Analytical Chemistry, 84(22): 9858-9864.
2012
P. L. Hayes, A. M. Ortega, M. J. Cubison, K. D. Froyd, Y.
Zhao, S. S. Cliff, W. W. Hu, D. W. Toohey, J. H. Flynn, B. L.
Lefer, N. Grossberg, S. Alvarez, B. Rappengluck, J. W. Taylor,
J. D. Allan, J. S. Holloway, J. B. Gilman, W. C. Kuster, J. A.
de Gouw, P. Massoli, X. Zhang, J. Liu, R. J. Weber, A. L.
Corrigan, L. M. Russell, G. Isaacman, D. R. Worton, N. M.
Kreisberg, S. V. Hering, A. H. Goldstein, R. Thalman, E. M.
Waxman, R. Volkamer, Y. H. Lin, J. D. Surratt, T. E.
Kleindienst, J. H. Offenberg, S. Dusanter, S. Griffith, P. S.
Stevens, J. Brioude, W. M. Angevine, J. L. Jimenez. Organic
Aerosol Composition and Sources in Pasadena, California during
the 2010 CalNex Campaign. Journal of Geophysical Research-
Atmospheres, 118(16): 9233-9257. 2013
Samuel A. Atwood, Jeffrey S. Reid, Sonia M. Kreidenweis,
Steven S. Cliff, Yongjing Zhao, Neng-Huei Lin, Si-Chee Tsay,
Yu-Chi Chu, Douglas L. Westphal. Size resolved measurements of
springtime aerosol particles over the northern South China Sea.
Atmospheric Environment, 78(Oct): 134-143. 2013
Na Li, Philip K. Hopke, Pramod Kumar, Steven S. Cliff,
Yongjing Zhao, Carmeliza Navasca. Source Apportionment of Time
and Size Resolved Ambient Particulate Matter. Chemomatics and
Intelligent Laboratory Systems, 129(Nov): 15-20. 2013
Yongjing Zhao, Steven S. Cliff, Anthony S. Wexler, Wasim
Javed, Kevin Perry, Yuee Pan, Frank M. Mitloehner. Measurements
of size and time-resolved elemental concentrations at a
California dairy farm. Atmospheric Environment, 94: 773-781.
2014
Edie Chang and Steven S. Cliff. California's Climate Change
Solution: An Integrated Model. EM, Journal of the Air and Waste
Management Association, (June) 14-18. 2014
Reid, J. S. and Lagrosas, N. D. and Jonsson, H. H. and Reid,
E. A. and Sessions, W. R. and Simpas, J. B. and Uy, S. N. and
Boyd, T. J. and Atwood, S. A. and Blake, D. R. and Campbell, J.
R. and Cliff, S. S. and Holben, B. N. and Holz, R. E. and Hyer,
E. J. and Lynch, P. and Meinardi, S. and Posselt, D. J. and
Richardson, K. A. and Salinas, S. V. and Smirnov, A. and Wang,
Q. and Yu, L. and Zhang, J. Observations of the temporal
variability in aerosol properties and their relationships to
meteorology in the summer monsoonal South China Sea/East Sea:
the scale-dependent role of monsoonal flows, the Madden-Julian
Oscillation, tropical cyclones, squall lines and cold pools.
Atmospheric Chemistry and Physics, 15(4): 1745-1768. 2015
Kathleen C. Kaku, Jeffrey S. Reid, Elizabeth A. Reid, Kristy
Ross-Langerman, Stuart Piketh, Steven Cliff, Abdulla Al
Mandoos, Stephen Broccardo, Yongjing Zhao, Jianglong Zhang,
Kevin D. Perry. Investigation of the relative fine and coarse
mode aerosol loadings and properties in the Southern Arabian
Gulf region. Atmospheric Research, 169(Part A): 171-182. 2016
Reid, J. S., Lagrosas, N. D., Jonsson, H. H., Reid, E. A.,
Atwood, S. A., Boyd, T. J., Ghate, V. P., Xian, P., Posselt, D.
J., Simpas, J. B., Uy, S.N., Zaiger, K., Blake, D. R.,
Bucholtz, A., Campbell, J.R., Chew, B. N., Cliff, S. S.,
Holben, B. N., Holz, R. E., Hyer, E. J., Kreidenweis, S. M.,
Kuciauskas, A. P., Lolli, S., Oo, M., Perry, K. D., Salinas, S.
V., Sessions, W. R., Smirnov, A., Walker, A. L., Wang, Q., Yu,
L., Zhang, J., and Zhao, Y. Aerosol meteorology of Maritime
Continent for the 2012 7SEAS southwest monsoon intensive
study--Part 2: Philippine receptor observations of fine-scale
aerosol behavior. Atmos. Chem. Phys., 16: 14057-14078. 2016
Elizabeth C. Asher John N. Christensen Andrew Post Kevin
Perry Steven S. Cliff Yongjing Zhao Justin Trousdell Ian
Faloona. The Transport of Asian Dust and Combustion Aerosols
and Associated Ozone to North America as Observed From a
Mountaintop Monitoring Site in the California Coast Range.
Journal of Geophysical Research-Atmospheres, 123(10): 5667-
5680. 2018
Cecilia Leoni, Petra Pokorna, Jan Hovorka, Mauro Masiol, Jan
Topinka, Yongjing Zhao, Kamil K#mal, Steven Cliff, Pavel
Mikuska, Philip K. Hopke. Source apportionment of aerosol
particles at a European air pollution hot spot using particle
number size distributions and chemical composition.
Environmental Pollution, 234(March 2018): 145-154.
Hilario, M. R. A., Cruz, M. T., Cambaliza, M. O. L., Reid,
J. S., Xian, P., Simpas, J. B., Lagrosas, N. D., Uy, S. N. Y.,
Cliff, S., and Zhao, Y. Investigating size-segregated sources
of elemental composition of particulate matter in the South
China Sea during the 2011 Vasco Cruise. Atmosheric Chemistry
and Physics. 2020
Petra Pokorna, Cecilia Leoni; Jaroslav Schwarz; Jakub
Ondraek; Lucie Ondrakova; Petr Vodika; Nadzda Zikova; Pavel
Moravec; Miroslav Klan; Jan Hovorka; Yongjing Zhao; Steven
Cliff; Philip Hopke. Spatial and temporal variability of source
contributions to aerosol particles at a European air pollution
hot spot using chemical composition and particle number size
distributions. Science of the Total Environment. 2020
Most publications may be found at: https://www.researchgate.net/
profile/Steven-Cliff.
Book Chapters:
Cliff, S.S. and T.A. Cahill: ``Air Quality in the Lake Tahoe
Basin,'' U.S.F.S. PSW-GTR 175, In The Lake Tahoe Watershed
Assessment, D. D. Murphy and C.M. Knopp, (ed), 129-211 U.S.F.S.
PSW-GTR 175, May. 2000
Cliff, S. S., et al: ``Climate Change Proposed Scoping
Plan,'' Volume II (Measure Documentation Appendix I),
California Air Resources Board, October 15. 2008
Books Edited:
L.J. Amstutz: How Can We Reduce Transportation Pollution?,
Searchlight Books, Lerner Publishing Group, Inc., Minneapolis.
2015
L.E. Carmichael: How Can We Reduce Agricultural Pollution?,
Searchlight Books, Lerner Publishing, Inc., Minneapolis. 2015
Limited Distribution Publications:
Cliff, S.S., J.E. Reuter T.A. Cahill, A. Gertler, M.J.
Kleeman, J. Lin, D. Niemeier, and R.A. VanCuren. ``The Lake
Tahoe Air Quality Research Scoping Document: Determining the
Link Between Water Quality, Air Quality and Transportation,''
Report to the Tahoe Regional Planning Agency, 93 pp. July. 2000
Cahill, T.A., S.S. Cliff, T.M. Cahill, and K.D. Perry.
``Correlation Between Aerosols and Gases at Mauna Loa
Observatory,'' in Climate Monitoring and Diagnostics Laboratory
Summary Report No. 25 1998-1999, R.C. Schnell, (ed), United
States Department of Commerce, p. 117, January. 2001
Cahill, T.A., S.S. Cliff, M.P. Jimenez-Cruz, S.G. Riddle,
P.B. Kelly, and K.D. Perry. ``Size-resolved Trace Elemental and
Organic Aerosols at Mauna-Loa Observatory, Spring 2000,'' in
Climate Monitoring and Diagnostics Laboratory Summary Report
No. 26 2000-2001, R.C. Schnell and D.B. King, (ed), United
States Department of Commerce p. 139, January. 2002
Steven S. Cliff. ``Air Quality Progress in the Lake Tahoe
Basin,'' Final Report on Tahoe Regional Planning Agency
Contract No. 99-00129V, December. 2002
Thomas A. Cahill and Steven S. Cliff, co-PI's. ``Time and
Compositionally-Resolved Minor and Trace Elements in Aerosols
at the Fresno Super-Site,'' Final Report on California Air
Resources Board Contract No. 00-521. Submitted January. 2003
Steven S. Cliff, PI. ``Long-range Transport of Aerosols from
Asia to the United States,'' Annual Report on National Oceanic
and Atmospheric Administration grant No. NA16GP2360, February.
2003
N. Bukowiecki, F. Hegedus, U. Baltensperger, G. Falkenberg,
and S.S. Cliff. ``Measuring size-segregated ambient aerosol
filter samples with high time resolution using SR-XRF,'' Annual
Report on HASYLAB-DESY (Hamburg, Germany Synchrotron facility)
grant, December. 2003
N. Bukowiecki, F. Hegedus, U. Baltensperger, G. Falkenberg,
S.S. Cliff. ``Size-segregated ambient aerosol filter sample
analysis with high time resolution using Synchrotron-XRF,''
Annual Report on Paul Scherrer Institut (Villigen PSI
Switzerland) collaborative project, December. 2003
Steven S. Cliff, PI. ``Long-range Transport of Aerosols from
Asia to the United States,'' Annual Report on National Oceanic
and Atmospheric Administration grant No. NA16GP2360, February.
2004
Steven S. Cliff, PI. ``Long-range Transport of Aerosols from
Asia to the United States,'' Annual Report on National Oceanic
and Atmospheric Administration grant No. NA16GP2360, February.
2005 Steven S. Cliff, PI. ``Quality Assurance Analysis of
Filter Samples Collected during the Lake Tahoe Atmospheric
Deposition Study using Synchrotron X-Ray Fluorescence (LTADS-
sXRF QA),'' Final Report on California Air Resources Board
Contract No. 03-344. Submitted April. 2005
Steven S. Cliff, PI. ``Long-range Transport of Aerosols from
Asia to the United States,'' Annual Report on National Oceanic
and Atmospheric Administration grant No. NA16GP2360, August.
2005
Steven S. Cliff, PI. ``Long-range Transport of Aerosols from
Asia to the United States,'' Annual Report on National Oceanic
and Atmospheric Administration grant No. NA16GP2360, August.
2006
Steven S. Cliff, PI. ``Long-range Transport of Aerosols from
Asia to the United States,'' Final Report on National Oceanic
and Atmospheric Administration grant No. NA16GP2360, August.
2007
Cliff, S.S. ``TransPacific Air Pollution Transport from Asia
to the U.S.,'' Report to the Natural Resources Defense Council,
September. 2007
Kuhns, H. and S.S. Cliff et al., (D. Zhu, J. Gilles, A.
Gertler, Y. Zhao, S. Brown, D. Fellers, M. Pook). ``Examination
of Dust and Air-Borne Sediment Control Demonstration Projects
at Lake Tahoe.'' 2010
Brian Kim, Jawad Rachami, Daniel Robinson, Brandon
Robinette, Kazumi Nakada, Saravanan Arunachalam, Neil Davis,
Bok Haeng Baek, Uma Shankar, Kevin Talgo, Dongmei Yang, Adel F.
Hanna, Roger L. Wayson, George Noel, Steven S. Cliff, Yongjing
Zhao, Philip K. Hopke and Pramod Kumar. Guidance for
Quantifying the Contribution of Airport Emissions to Local Air
Quality. Airport Cooperative Research Program, ACRP(71): 78 pp.
2012
Ethan Elkind. Moving Dollars: Aligning Transportation
Spending with California's Environmental Goals. 2015
Steven S. Cliff, Phillip T. Dube, and Simon Edwards.
Decarbonizing Transport for a Sustainable Future: Mitigating
Impacts of the Changing Climate. National Academies
Proceedings. 2017
Published Abstracts (each of these abstracts was accompanied by an oral
presentation of the same name/topic at a scientific
conference):
Cliff, S.S. and M.H. Thiemens. ``Isotopic Analysis of Both
d18O and d17O in Atmospheric Nitrous Oxide: New Insights From
an Observed Mass-Independent Anomaly,'' U.S.G.S. Circ.,
1107,63. 1994
Cliff, S.S. and M.H. Thiemens. ``Multioxygen Isotopic
Analysis of Atmospheric Nitrous Oxide: Insights From an
Observed Mass-Independent Anomaly,'' Eos Trans. AGU 76, F116,
November. 1995
Cliff, S.S. and M.H. Thiemens. ``Isotopic Analysis of
Atmospheric Nitrous Oxide: New Insights from and Observed Mass-
Independent Anomaly,'' Eos Trans. AGU 77, F121. 1996
Cliff, S.S. and M.H. Thiemens. ``Isotopic Analysis of
Atmospheric Nitrous Oxide. A New Atmospheric Process Indicated
by an Observed Mass Independent Anomaly,'' Eos Trans. AGU 78,
S83, May. 1997
Cliff, S.S. and M.H. Thiemens. ``Atmospheric Nitrous Oxide:
New Insights From Long-Term Oxygen Isotopic Analysis,'' Eos
Trans. AGU 78, F105, November. 1999
Cahill, T.A., K.D. Perry, and S.S. Cliff. ``Transport of
Asian Dust and Anthropogenic Pollutants to Hawaii and the
Eastern Pacific,'' Proceedings of the NOAA-CMDL Annual Meeting,
Boulder, Colorado, May. 1999
Cliff, S.S., T.A. Cahill, K.D. Perry, and M.P. Jimenez Cruz.
``Size and Time Resolved Anthropogenic Components of Aerosols
via Synchrotron X-Ray Fluorescence: Application to Asian
Aerosol Transport,'' EOS Trans. AGU 80, F148, November. 1999
Wilcox, B.P., S.S. Cliff, M.P. Jimenez-Cruz, Thomas A.
Cahill, Alan W. Gertler, and Peter B. Kelly. ``Source
Apportionment of Ambient Particles Between Heavy-Duty and
Light-duty Vehicles from Relative Mass Spectra Intensities of
Pyrene and Hydroxypyrene by Laser Desorption Ionization Time of
Flight Mass Spectrometry,'' EOS Trans. AGU 81, F66, November.
2000
Reuter, J.E., A.D. Jassby, S.S. Cliff, M.S. Liu, C.R.
Goldman, and T.A. Cahill. ``The Importance of Phosphorous
Loading to Lake Tahoe by Direct Atmospheric Deposition:
Implications for Ecosystem Management,'' EOS Trans. AGU 81,
F175, November. 2000
Kelly, P.B., S.S. Cliff, M.P. Jimenez-Cruz, and Thomas A.
Cahill. ``Organic Aerosol Characterization at Mauna Loa
Observatory by Laser Desorption/Ionization-TOF-Mass
Spectroscopy: Size Segregated Temporal Analysis during the
Spring 2000 Asian Transport Period,'' EOS Trans. AGU 81, F65,
November. 2000
Cliff, S.S., K.D. Perry, T.A. Cahill, M.R. Dunlap, and J.S.
Reid. ``Trace Elemental Composition of Time and Size Resolved
Aerosols During the Puerto Rico Dust Experiment (PRIDE),'' EOS
Trans. AGU 81, F71, November. 2000
Cahill, T.A., K.D. Perry, and S.S. Cliff. ``Direct
Measurement of Size-Resolved Organic Aerosols at Mauna Loa
Observatory,'' Proceedings of the NOAA-CMDL Annual Meeting,
Boulder, Colorado, May. 2001
Cliff, S. S., K.D. Perry, M.P. Jimenez-Cruz, and T.A.
Cahill. ``Application of Synchrotron-XRF to Quantitative
Elemental Aerosol Analysis,'' EOS Trans. AGU 82, F85, November.
2001
Cahill, T.A., S.S. Cliff, M.P. Jimenez-Cruz, and K.D. Perry.
``ACE-Asia: Size/Time/Compositionally resolved Aerosols During
ACE-Asia Using Continuously Sampling DRUM Technology and
Synchrotron-XRF Analysis,'' EOS Trans. AGU 82, F81, November.
2001
Bench, G.., P. Grant, D. Ueda, S.S. Cliff, K.D. Perry, and
T. Cahill. ``The use of STIM and PESA to respectively measure
profiles of aerosol mass and hydrogen content across Mylar
rotating DRUM impactor samples,'' EOS Trans. AGU 82, F71,
November. 2001
Jimenez-Cruz, M.P. S.S. Cliff, T.A. Cahill, K.D. Perry, and
T.S. Bates. ``ACE-Asia: Size-Resolved Sampling of Aerosols on
the Ronald H. Brown and U.S. Western Receptor Sites,'' EOS
Trans. AGU 82, F64, November. 2001
Cahill, C.F. K.D. Perry, S.S. Cliff, M.P. Jimenez-Cruz, and
T.A. Cahill. ``ACE-Asia: Asian Aerosol Transport into Alaska,''
EOS Trans. AGU 82, F63, November. 2001
Tohno, S., R. Hoeller, K. Ito, Y. Onishi, C.J. Ma, M.
Kasahara, T.A. Cahill, and S.S. Cliff. ``Analysis of Aerosol
Physical and Chemical Properties on the Coast of the Japanese
Sea (Tango Peninsula) During ACE-Asia,'' EOS Trans. AGU 82,
F49, November. 2001
Disselkamp, R.S. L.A. Barrie, S. Shutthanadan, S.S. Cliff,
and T. Cahill. ``Size-Segregated Aerosol Composition and Mass
Loading of Atmospheric Particles as part of the Pacific
Northwest (PNW 2001) Air Quality Study in Puget Sound,'' EOS
Trans. AGU 82, F37, November. 2001
Cliff, S.S., M.P. Jimenez-Cruz, and K.D. Perry. ``Continuous
Aerosol Elemental Analysis at 5 Sites During the 2002
Intercontinental Transport and Chemical Transformation
Experiment (ITCT-2K2),'' EOS Trans. AGU 83, F76, November. 2002
Perry, K.D., S.S. Cliff, M.P. Jimenez-Cruz, and T.A. Cahill.
``Comparison of Size-Resolved Aerosol Chemical Composition
Measurements Made Under Ambient and Low Relative Humidity
Conditions at Trinidad Head During the ITCT 2K2 Experiment,''
EOS Trans. AGU 83, F89, November. 2002
VanCuren, R.A., S.S. Cliff, and M.P. Jimenez-Cruz. ``The
View from the Mountain--Comparing ITCT 2K2 Aerosol Data with
the Long-Term Aerosol Record at Mount Lassen, California,'' EOS
Trans. AGU 83, F89, November. 2002
Robertson, S.A., K.D. Perry, S.S. Cliff, M.P. Jimenez-Cruz,
and T.A. Cahill. ``Determination of Chemical and Size-Resolved
Mineral Dust Source Profiles During ACE-Asia Using Positive
Matrix Factorization,'' EOS Trans. AGU 83, F130, November. 2002
Jimenez-Cruz, M.P. T.A. Cahill, K.D. Perry, S.S. Cliff, C.F.
Cahill, and R.S. Disselkamp. ``Aerosol Transport to the U.S.
Receptor Sites During ACE-Asia,'' EOS Trans. AGU 83, F130,
November. 2002
Cahill, T.A., S.S. Cliff, M.P. Jimenez-Cruz, and K.D. Perry.
``Dust and Non-Dust Aerosol Outflow from Asia by Size, Time,
and Composition, Spring and Summer 2001,'' EOS Trans. AGU 83,
F130, November. 2002
Reid, E.A., J.S. Reid, D. Westphal, S.S. Cliff, and M.
Dunlap. ``Mineral Dust Analysis and Application in Refining
Source-Region Information for the Sahara and East Asia
Deserts,'' EOS Trans. AGU 83, F132, November. 2002
Cliff, S.S. and T. VanCuren. ``Estimate of Nutrient Input to
the Pacific Ocean from Long-Range Transport of Aerosols,'' EOS
Trans. AGU 84(46), Abstract B21F-0768. November. 2003
Patris, N., S.S. Cliff, K.D. Perry, and M.H. Thiemens.
``Oxygen Isotopic Anomaly in Sulfate and Nitrate as a Tracer of
Chemistry During Trans-Pacific Pollution Transport,'' EOS
Trans. AGU 84(46), Abstract A22F-02. November. 2003
Perry, K. D., S.S. Cliff, M.P. Jimenez-Cruz, Y. Wu, C. Xie,
J. Zhou. ``Evidence of Soluble Sulfate Coatings on Aged Mineral
Dust Particles in the East Asian Region,'' Eos Trans. AGU
85(47), Abstract A33C-02. Fall Meeting Supplement. 2004
Harada, Y., J.A. Waddell, S.S. Cliff, K.D. Perry, P.B.
Kelly. ``Chemical Analysis of Aerosols for Characterization of
Long-Range Transport at Mt. Lassen, CA,'' Eos Trans. AGU
85(47), Abstract A31C-0063. Fall Meeting Supplement. 2004
Indresand, H., J.A. Waddell, S.S. Cliff, K.D. Perry, K.
Yttri, C. Dye, P.B. Kelly. ``Time Resolved Chemical Analysis of
anthropogenic Aerosol in Norway, a Study of Long-Range
Transport,'' Eos Trans. AGU 85(47), Abstract A31C-0067. Fall
Meeting Supplement. 2004
Cahill, T.A., S.S. Cliff, M.P. Jimenez-Cruz, L. Portnoff, K.
Perry, J. McConnell, J. Burkhart, R.C. Bales. ``Aerosol
Transport to the Greenland Summit Site, June 2003 to August
2004,'' Eos Trans. AGU 85(47), Abstract A11C-0074. Fall Meeting
Supplement. 2004
Johnson, B.E., M.P. Jimenez-Cruz, S.S. Cliff, and J.R. Hunt.
``Enhancing Spatial and Temporal Resolution of Trace Elements
in Sediment Cores,'' Eos Trans. AGU 85(47), Abstract PP43A-
0595. Fall Meeting Supplement. 2004
Cliff, S.S. and K.D. Perry. ``Particulate Transport During
ICARTTITCT-2K4: Aerosol Characterization from Time-Resolved and
Size-Segregated Continuous Sampling and Analysis,'' Eos Trans.
AGU 86(52), Abstract A31A-0816. Fall Meeting Supplement. 2005
Christensen, J.N., S.S. Cliff, R.A. VanCuren, L. Tomutsa,
K.D. Perry, and D.J. DePaolo. ``Using Isotopes to Track the
Passage of a Spring 2002 Dust Storm Over Hefei, China,'' Eos
Trans. AGU 86(52), Abstract A31B-0839. Fall Meeting Supplement.
2005
Johnson, B.E., S.S. Cliff, K. Taylor, K.D. Perry and J.R.
Hunt. ``Ice Core Analysis by Synchrotron Based X-Ray
Fluorescence Spectroscopy,'' Eos Trans. AGU 86(52), Abstract
PP33C-1591. Fall Meeting Supplement. 2005
Roy, Olivier, James Woolsey, John McCain, Tariq Ramadan,
Benazir Bhutto, Shimon Peres, Jacques Attali, Walid Jumblatt,
Reza Aslan, Shabtai Shavit, Graham Fuller, Carlos Fuentes, Wole
Soyinka, Gary Becker, Daniel Kaheman and Steven Cliff. ``We are
Breathing Chinese Air,'' in DeGlobalize the Jihad, New
Perspectives Quarterly, Fall. 2006
VanCuren, R.A., S.S. Cliff and K.D. Perry. ``Mixing of
Continental and Marine Air in TransPacific Transport of Asian
Dust and Pollution--A Quasi-Lagrangian Analysis of a Single
Transport Event,'' Eos Trans. AGU 87(52), Abstract A43B-0143.
Fall Meeting Supplement. 2006
Christensen, J.N., S.S. Cliff, R.A. VanCuren, K.D. Perry,
and D.J. DePaolo. ``Tracking Intercontinental Dust Transport
with Radiogenic Isotopes: Hefei, China to California Spring
2002,'' Eos Trans. AGU 87(52), Abstract A43B-0138. Fall Meeting
Supplement. 2006
Hadley, O.L., C. Corrigan, T. Kirchstetter, S.S. Cliff, and
V. Ramanathan. ``Carbon Mass Concentration in Mountain Snow,''
Eos Trans. AGU 88(52), Abstract C33A-07. Fall Meeting
Supplement. 2007
Cliff, S.S., R.A. VanCuren, K.D. Perry, Y. Kim, and S. Ryu.
``Mixing of Continental and Marine Airmasses and en route
Chemical Transformation in transPacific Transport of Aerosols:
Lagrangian Analysis of a Single Transport Event,'' Eos Trans.
AGU 88(52), Abstract A53C-1351. Fall Meeting Supplement. 2007
Ewing, S.A., J.N. Christensen, S.T. Brown, R.A. VanCuren,
S.S. Cliff, and D.J. DePaolo. ``Pb isotopes track Asian
pollution,'' Eos Trans. AGU 89(52), Abstract H54C-04. Fall
Meeting Supplement. 2008
Cliff, S.S, R.A. VanCuren, K.D. Perry, and Y.J. Zhao.
``Aerosols and the Sierra Nevada Snowpack: Is the Black Carbon
Local?'' Eos Trans. AGU 89(52), Abstract A41E-0168. Fall
Meeting Supplement. 2008
K.J. Moon, J. S. Han, Y. D. Hong, J. Y. Ahn, J. S. Kim, S.
J. Lee, S.S. Cliff, K.D. Perry, T. A. Cahill. ``Size-resolved
source apportionment of ambient aerosol in Northeastern Asia
during ACE-Asia.'' 2009
VanCuren, R.A., S.S. Cliff, K.D. Perry, Y.J. Zhao. ``Sources
of Light Absorbing Aerosols Deposited to the Sierra Nevada
Snowpack,'' Eos. Trans. AGU, 90(52): A34D-07. 2009
Depaolo, D.J., J.N. Christensen, S.A. Ewing, S.S. Cliff,
S.T. Brown, R.A. VanCuren. ``Isotopic Tracers to Identify Far-
Traveled Pollutant and Mineral Aerosols in Northern
California,'' Eos. Trans. AGU, 90(52): A34D-01, Invited. 2009
Hayes, P.L, A.M. Ortega, M. Cubison, W. Hu, D.W. Toohey,
J.H. Flynn, N. Grossberg, B.L. Lefer, S.L. Alvarex, B.
Rappenglueck, J.D. Allan, J. Taylor, J.S. Holloway, J.B.
Gilman, W.C. Kuster, J.A. DeGouw, P. Massoli, X. Zhang, R.
Weber, Y. Zhao, S.S. Cliff, A.S. Wexler, G.A. Isaacman, D.R.
Worton, N.M. Kreisberg, S.V. Hering, A.H. Goldstein, J.L.
Jimenez. ``Aerosol Composition in the Los Angeles Basin Studied
by high Resolution Aerosol Mass Spectrometry,'' 92(52): A22C-
06. 2011
Christensen, J.N., S.A. Ewing, S.T. Brown, R.A. VanCuren,
S.S. Cliff, D.J. DePaolo. ``Exploring the Temporal Relationship
Between TransPacific Particulate Transport and Ozone Transport
to Northern California Using Pb Isotopes,'' Eos Trans. AGU,
92(52): A23B-0133. 2011
VanCuren, R.A., T.A. Cahill, J.F. Burkhart, J. McConnel,
D.Barnes, Y. Zhao, K.D. Perry, S.S. Cliff. ``Continental,
Volcanic, and Marine Aerosols Arriving at Summit Greenland as
Recorded by Continuous Aerosol Monitoring,'' Eos Trans. AGU,
92(52): A33D-0245. 2011
A Post, S A Conley, Y Zhao, S S Cliff, I C Faloona, A S
Wexler, D Lighthall. Lower tropospheric ozone and aerosol
measurements at a coastal mountain site in Northern California.
Eos Trans. AGU, 93(52): A51-014. 2012
18. List all digital platforms (including social media and other
digital content sites) on which you currently or have formerly operated
an account, regardless of whether or not the account was held in your
name or an alias. Include the name of an ``alias'' or ``handle'' you
have used on each of the named platforms. Indicate whether the account
is active, deleted, or dormant. Include a link to each account if
possible.
Facebook: https://www.facebook.com/sscliff
LinkedIn: https://www.linkedin.com/in/stevenscliff
Twitter: https://twitter.com/sscliff
Instagram: steve_cliff
Snapchat: Account deleted 9/14/21 (hadn't logged in in over
2 years, so reset password and deleted account).
Reddit: sscperiod
ResearchGate: https://www.researchgate.net/profile/Steven-
Cliff
19. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
During the summer of 2017, I testified multiple times before
the California State legislature (on behalf of Governor Jerry
Brown) on California's Greenhouse Gas Cap-and-Trade Program. I
found no records of these testimonies.
On December 4, 2016, I testified at a U.S. Environmental
Protection Agency hearing on ``Glider Trucks'' on behalf of
California Air Resources Board. Details are available at:
https://ww2.arb.ca.gov/testimony-opposing-epas-proposed-repeal-
emission-requirements-glider-vehicles-glider-engines-
and?utm_medium=e-mail&utm_source=govdelivery.
In 2018, I testified before the California State legislature
on Zero Emissions Vehicle Program on behalf of California Air
Resources Board. I found no record of this testimony.
I provided responses to Board member questions as staff and
executive leadership during numerous occasions during CARB
Board hearings from 2009-2020.
20. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I have served as Deputy Administrator for NHTSA since February 2,
2021. In that time, I've led the NHTSA team in all operational aspects
of the agency while developing several regulations and setting the
regulatory agenda, undertaking major enforcement actions and issuing
the Standing General Order for Automated Vehicle technology crash
reporting. Prior to joining NHTSA, I oversaw the vehicle emissions,
certification and compliance regulations for the California Air
Resources Board (CARB). I have a long-standing relationship with the
auto industry and vast regulatory experience. I also managed a
similarly sized budget and team of engineers, economists, and
scientists in my CARB position. I have been a public servant my entire
professional career, first as a research professor at a public
university and then in California state government at two different
departments, and most recently as Deputy Administrator of NHTSA. In
these roles, I strive to improve the health and well-being of the
public I serve. My aerosol research led to knowledge about global
pollution transport, which helped improve air-quality and climate
models. As a scientist at CARB, I analyzed the costs and benefits of
programs to reduce air pollution and led teams developing these
programs. And at the California Department of Transportation I
developed programs to improve community health, local economies and
access to destinations. NHTSA's mission is to save lives, prevent
injuries, and reduce economic costs due to road crashes through
education, research, safety standards, and enforcement. Fundamentally,
this is a safety and public health mission. And like too many, I have
lost loved ones to roadway crashes.
21. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
As Administrator, it is my responsibility to ensure that NHTSA is
prudent with public funds and maintains records consistent with all
congressionally mandated, Department of Transportation, and Office of
Management and Budget requirements to ensure accountability. This
includes overseeing and approving annual budgets, spend plans, audits,
and internal controls to ensure proper allocation of funds, diversity
in hiring workforce development, and review of completed research to
ensure evidence based economic, scientific and engineering conclusions
that advance safety. I have led NHTSA since February 2, 2021, and prior
to that oversaw more than 650 staff at the California Air Resources
Board as Deputy Executive Officer.
22. What do you believe to be the top three challenges facing the
department/agency, and why?
Traffic fatalities are on the rise. Each year, an epidemic
of more than 38,000 deaths occurs on our Nation's roads. This
is unacceptable. Not only must we reverse the trend, we must
put ourselves on track to eliminate roadway fatalities
altogether.
NHTSA is woefully behind in delivering mandated regulations
due to limited resources and competing needs. We need to align
resources to current challenges and workloads to deliver new,
much needed safety and fuel economy improvements for the
future.
Automotive technology is evolving at a rapid pace. Expertise
within NHTSA needs to be nimble and match that of the private
sector to ensure safety on our roadways.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
My arrangements are fully described in Part 3 of my Public
Financial Disclosure Report.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain. No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated. Explain how you will
resolve each potential conflict of interest.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
Designated Agency Ethics Official to identify any potential conflicts
of interest. Any potential conflicts of interest will continue to be
resolved in accordance with the terms of an ethics agreement that I
have entered into with the Department's Designated Agency Ethics
Official and that has been provided to this Committee. I am not aware
of any potential conflicts of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last ten years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated. Explain how you will resolve
each potential conflict of interest.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
Designated Agency Ethics Official to identify any potential conflicts
of interest. Any potential conflicts of interest will continue to be
resolved in accordance with the terms of an ethics agreement that I
have entered into with the Department's Designated Agency Ethics
Official and that has been provided to this Committee. I am not aware
of any potential conflicts of interest.
5. Identify any other potential conflicts of interest, and explain
how you will resolve each potential conflict of interest.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
Designated Agency Ethics Official to identify any potential conflicts
of interest. Any potential conflicts of interest will continue to be
resolved in accordance with the terms of an ethics agreement that I
have entered into with the Department's Designated Agency Ethics
Official and that has been provided to this Committee. I am not aware
of any potential conflicts of interest.
6. Describe any activity during the past ten years, including the
names of clients represented, in which you have been engaged for the
purpose of directly or indirectly influencing the passage, defeat, or
modification of any legislation or affecting the administration and
execution of law or public policy. None.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics,
professional misconduct, or retaliation by, or been the subject of a
complaint to, any court, administrative agency, the Office of Special
Counsel, professional association, disciplinary committee, or other
professional group? If yes:
No.
a. Provide the name of agency, association, committee, or group;
b. Provide the date the citation, disciplinary action, complaint, or
personnel action was issued or initiated;
c. Describe the citation, disciplinary action, complaint, or
personnel action;
d. Provide the results of the citation, disciplinary action,
complaint, or personnel action.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain. No.
3. Have you or any business or nonprofit of which you are or were
an officer ever been involved as a party in an administrative agency
proceeding, criminal proceeding, or civil litigation? If so, please
explain. No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain. No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain. No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination. None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees, and that
your department/agency endeavors to timely comply with requests for
information from individual Members of Congress, including requests
from members in the minority? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______
Resume of Steven Scott Cliff
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The Chairwoman. Thank you, Dr. Cliff, and thank you for
sharing that very personal story, painful story. Thank you for
sharing that with us, and I'll betcha every member of the
Committee knows of an experience just like the one you
described and so thank your family for trying to also do
something to establish something for young people. So thank
you.
Mr. Putnam, welcome. Thank you for your willingness to
serve.
STATEMENT OF JOHN EDWARD PUTNAM, NOMINEE TO BE GENERAL COUNSEL,
DEPARTMENT OF TRANSPORTATION
Mr. Putnam. Thank you very much.
Chair Cantwell, Ranking Member Wicker, and Members of the
Committee, I'm humbled and honored to appear before you today
as the Nominee for General Counsel of the United States
Department of Transportation.
I'd like to begin by thanking the President and Secretary
Buttigieg for the faith that they've placed in me. This
opportunity to serve is the privilege of a lifetime.
I'd also like to thank my wife Christine and my wonderful
children, parents, family, and friends who are watching
remotely.
Since January 20, 2021, I've served as the Deputy General
Counsel for the department. During those last 11 months, I've
worked with and overseen the efforts of the approximately 500
dedicated and highly skilled department attorneys and staff
addressing numerous transportation legal issues to improve
safety, advance equity, strengthen our economy, address climate
change, protect consumers, and foster innovation.
Near term, the most significant challenge and opportunity
that we face in the General Counsel's Office is the
implementation of the President's bipartisan Infrastructure
law, the once-in-a-generation law enacted through historic
efforts of Congress last month.
The bipartisan Infrastructure law will repair and rebuild
our Nation's roads, bridges, and other infrastructure while
focusing on economic opportunity, climate change mitigation,
resilience, equity, and safety for all users.
It makes the largest investments in public transit and rail
passenger service in our history and improves transportation
options for millions of Americans.
It will also strengthen supply chains and enhance
resilience by making necessary improvements in our ports,
airports, rail, and highways.
The law will help reduce carbon emissions, promote safety
and prepare our economy for new and innovative technologies.
The investments will create many good-paying jobs across the
country for years to come.
However, historic legislation like the bipartisan
Infrastructure law must be matched with effective
implementation that assures that its potential is achieved in a
transparent, compliant, and accountable manner.
The Office of General Counsel has a critical role to play
in helping the department implement this landmark legislation.
My experience with transportation law has prepared me well for
this role.
Prior to joining the Administration, I worked most of my
career as a transportation, environmental and energy attorney
in Denver, Colorado, and Washington, D.C. I've represented
state departments of transportation, local governments, and
private entities nationwide on a range of airport, highway,
transit, energy, and other issues.
Most recently, I served as the Director of Environmental
Programs for the Colorado Department of Public Health and
Environment. In my role as Director, I coordinated closely with
other state departments, local governments, residents, and
businesses on Colorado's roadmap for transportation projects
and greenhouse gases, rural prosperity, greenhouse gas
reduction, electric vehicle deployment, environmental justice,
and other programs.
If I have the honor of being confirmed by this committee
and the Senate, I vow to work with you to strengthen the
department, maintain safety as its guiding priority, and
achieve better results for the American people.
I further commit to continue leading an Office of General
Counsel that is responsive to congressional oversight, the
needs of your constituents, and the deep transportation
expertise shared by you and your staff. I view these guiding
principles as vital to the achievement of our shared success.
Chair Cantwell, Ranking Member Wicker, and Members of this
Committee, thank you again for your consideration and for the
opportunity to appear before you. I'd be pleased to answer any
questions that you may have.
[The prepared statement and biographical information of Mr.
Putnam follow:]
Prepared Statement of John E. Putnam, Nominee to be General Counsel,
Department of Transportation
Chair Cantwell, Ranking Member Wicker, and Members of the
Committee, I am humbled and honored to appear before you today as the
nominee for General Counsel of the United States Department of
Transportation.
I'd like to begin by thanking the President and Secretary Buttigieg
for the faith that they have placed in me. This opportunity to serve is
the privilege of a lifetime. I would also like to thank my wife
Kristin, and my wonderful children, parents, family, and friends who
are watching remotely.
Since January 20th, 2021, I have served as Deputy General Counsel
for the Department. During those last eleven months, I have worked with
and overseen the efforts of the approximately 500 dedicated and skilled
Department attorneys and staff, addressing numerous transportation
legal issues to improve safety, advance equity, strengthen our economy,
address climate change, protect consumers, and foster innovation.
Near-term, the most significant challenge--and opportunity--we face
in the General Counsel's Office is the implementation of the
President's Bipartisan Infrastructure Law, the once-in-a-generation law
enacted through historic efforts by Congress last month. The Bipartisan
Infrastructure Law will repair and rebuild our Nation's roads, bridges
and other infrastructure while focusing on economic opportunity,
climate change mitigation, resilience, equity, and safety for all
users. It makes the largest investments in public transit and rail
passenger service in our history and improves transportation options
for millions of Americans. It will also strengthen supply chains and
enhance resilience by making necessary investments in our ports,
airports, rail, and highways. The Law will help reduce carbon
emissions, promote safety, and prepare our economy for new and
innovative technologies. The investments will create many good paying
jobs across the country for years to come.
However, historic legislation like the Bipartisan Infrastructure
Law must be matched with effective implementation that ensures that its
potential is achieved in a transparent, compliant and accountable
manner. The Office of General Counsel has a critical role to play in
helping the Department implement this landmark legislation.
My experience with transportation law prepared me well for this
role. Prior to joining the Administration, I worked most of my career
as a transportation, environmental, and energy attorney in Denver,
Colorado, and Washington, DC. I have represented State departments of
transportation, local governments, and private entities nationwide on a
range of airport, highway, transit, energy and other issues.
Most recently, I served as the Director of Environmental Programs
for the Colorado Department of Public Health and Environment. In my
role as Director, I coordinated closely with other State departments,
local governments, residents, and businesses on Colorado's roadmap for
transportation projects, rural prosperity, greenhouse gas reduction,
electric-vehicle deployment, environmental justice, and other programs.
If I have the honor of being confirmed by this Committee and the
Senate, I vow to work with you to strengthen the Department, maintain
safety as its guiding priority, and achieve better results for the
American people. I further commit to continue leading an Office of the
General Counsel that is responsive to Congressional oversight, the
needs of your constituents, and the deep transportation expertise
shared by you and your staff. I view these guiding principles as vital
to the achievement of our shared success.
Chair Cantwell, Ranking Member Wicker, and Members of the
Committee, thank you again for your consideration and for the
opportunity to appear before you. I would be pleased to answer any
questions you may have.
______
a. biographical information
1. Name (Include any former names or nicknames used): John Edward
Putnam.
2. Position to which nominated: General Counsel, U.S. Department of
Transportation.
3. Date of Nomination: October 19, 2021.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: 1200 New Jersey Avenue, S.E. Washington, D.C. 20590.
5. Date and Place of Birth: October 19, 1968; Westfield,
Massachusetts.
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: Kristin Putnam, Substitute Librarian, Boulder Valley
School District
Children: Audrey Rowan Putnam, age 25; Noah James Putnam, age
22
7. List all college and graduate degrees. Provide year and school
attended.
B.A. Political Economy, Williams College (1990)
Juris Doctor, University of Chicago Law School (1993)
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Managerial Experience:
January 2021 to present
Deputy General Counsel (Acting General Counsel), U.S.
Department of Transportation
2019-2021
State of Colorado, Director of Environmental Programs
2003-2019
Kaplan Kirsch & Rockwell, Partner and Managing Partner
2001-2003
Akin, Gump, Strauss, Hauer and Feld, Counsel
Non-Managerial Experience:
1996-2001
Cutler & Stanfield, Associate
1994-1996
Kirkland and Ellis, Associate
1993-1994
Law Clerk for David M. Ebel, U.S. Court of Appeals for
the Tenth Circuit
Part-Summer 1992 & 1993
Kirkland and Ellis, Summer Associate
Summer 1991 & Part-Summer 1992
Davis, Graham and Stubbs, Summer Associate
Summer 1990
Clerk, Steel City Agencies
9. Attach a copy of your resume.
Attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last ten years.
Colorado Oil and Gas Conservation Commission: Ex Officio Member
(2019-2021)
Colorado Natural Resource Damages Trustees: Ex Officio Trustee
(2019-2021)
Regional Air Quality Council (semi-governmental): Chair, Vice-
Chair and Member (2012-2021)
City of Boulder Planning Board: Chair and Member (2013-2018)
Transportation Research Board, Environmental Effects of
Aviation Committee and Climate Change Subcommittee: Member,
Secretary and Subcommittee Chair (2002-2014)
City of Boulder Open Space Board of Trustees: Chair and Trustee
(2008-2013)
City of Boulder Greenway Advisory Committee: Member (2008-2013)
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last ten years.
Kaplan Kirsch & Rockwell, LLP: Managing Partner and Partner
(2003-2019)
Partners for Rural Improvement and Development in Ethiopia:
Chair and Board Member (2005-2021)
Team Colorado Whitewater Racing Club: Vice President and Board
Member (2012-2021)
River Management Society: Legal Advisor (2015-2019)
12. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religiously affiliated organization, private club, or other membership
organization. (For this question, you do not have to list your
religious affiliation or membership in a religious house of worship or
institution.). Include dates of membership and any positions you have
held with any organization. Please note whether any such club or
organization restricts membership on the basis of sex, race, color,
religion, national origin, age, or disability.
Airports Council International--North America: Member and
Member of the Airport Environmental Steering Committee (approx.
2010 to 2019)
American Canoe Association: Member (2012-2020)
River Management Society: Member (2015-2020)
Colorado Bar Association: Member (1996-2019) [Note: Colorado
Bar Association is separate from being a licensed attorney in
the Colorado Bar. I shifted my Bar license in Colorado from
active to inactive status in 2019, when I took a non-legal
position with the State of Colorado)
District of Columbia Bar: Member (1994 to present) (License
active in DC)
Colorado Lawyers Committee: Member (2003-2019)
American Whitewater: Member (2012-2019)
Rocky Mountain Canoe Club: Member (2018-2019)
USA Canoe/Kayak: General supporter of USA team, race official/
volunteer, racer parent (2011-2018)
Community Cycles: Member (to 2013)
None of these organizations restricts membership on the basis
of sex, race, color, religion, national origin, age, or
disability.
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt.
I have never been a candidate for public office. However, I have
been appointed as Deputy General Counsel of the United States
Department of Transportation and was appointed as Director of
Environmental Programs of the Colorado Department of Public Health and
Environment.
14. List all memberships and offices held with and services
rendered to, whether compensated or not, any political party or
election committee within the past ten years. If you have held a paid
position or served in a formal or official advisory position (whether
compensated or not) in a political campaign within the past ten years,
identify the particulars of the campaign, including the candidate, year
of the campaign, and your title and responsibilities.
I served as an unpaid member of the campaign committee for Elise
Jones, candidate for Boulder County Commissioner in 2012.
Obama-Biden Campaign, GOTV Volunteer, 2012.
15. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $200 or more for the past ten years.
Michael Hancock, Mayor of the City and County of Denver (2019)
(No record of precise amount; estimate approx. $750)
Phil Weiser, Colorado Attorney General (2018) (No record of
precise amount; estimate approx. $500)
Jason Crow, U.S. House of Representatives (2018) ($250)
Mark Udall, U.S. Senate (2012) ($500)
All entries above are the result of electronic searches (e.g.,
FEC.gov) and reflect the best of my recollection. Should any
additional contributions be identified, I will promptly let the
Committee know.
16. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
I received scholarships from both Williams College and the
University of Chicago.
17. Please list each book, article, column, Internet blog posting,
or other publication you have authored, individually or with others.
Include a link to each publication when possible. Also list any
speeches that you have given on topics relevant to the position for
which you have been nominated. Do not attach copies of these
publications unless otherwise instructed.
Please see below for the most up-to-date list of publications,
speeches and presentations that I have been able to compile, to the
best of my recollection and ability. The list below does not include
presentations made as part of official State business during my service
with the State of Colorado, such as addressing State boards and
commissions as a State official. Should any additional information be
identified, I will promptly let the Committee know.
Publications:
Air and Space Lawyer, The View from the Ground: Airport and
Community Perspectives on ATC Reform (2017) [with Nicholas
Clabbers and Steven Osit as co-authors]
Kaplan Kirsch & Rockwell, ITC Phase-Down Creates Near Solar
Opportunities for Airport Owners (2015) [with Benjamin Israel
as co-author]
Transportation Research Board, Critical Issues in Aviation and
the Environment (2014) [Chapter on Environmental Review with
Betsy Delaney, Barbara Thomson, Brad Rolf and Mary Vigilante as
co-authors; chapter Environmental Management Systems and
Sustainability Measurement with Betsy Delaney, Barbara Thomson,
Brad Rolf, Donald Scata, and Mary Vigilante as co-authors]
North American Windpower, RPS and Constitutional Challenges:
What to Expect Next (2014) [with Benjamin Israel as co-author]
Boulder Daily Camera, A Job Well Done [Regarding City of
Boulder Open Space and Mountain Parks] (June 2014) [with Bill
Briggs and Ray Bridge as co-authors]
National Academies, Transportation Research Board, Airport
Cooperative Research Program, State and Federal Regulations
That May Affect Initiatives to Reduce Airports' GHG Emissions
(2012) [with Lala Wu and Stephanie Tatham as co-authors]
National Academies, Transportation Research Board, Airport
Cooperative Research Program, Airport Governance and Ownership
(2009) [with Daniel Reimer as co-author]
Transportation Research Board, Critical Issues in Aviation and
the Environment (2009) [Chapter on Environmental Review Process
as sole authority; chapter on Airports, Nonaircraft Emissions,
and Climate Change with Thomas P. Klin, Burr Stewart, and Mary
L. Vigilante as co-authors]
Boulder Daily Camera, Support Our Open Space [Op-Ed] (October
23, 2009) [with Lisa Dilling as co-author]
Kaplan Kirsch & Rockwell and American Association of Airport
Executives. Airport Law Handbook (Annual Printing from 2004-
2018) [multiple co-authors from Kaplan Kirsch & Rockwell]
Kaplan Kirsch & Rockwell and American Association of Airport
Executives, Airport Air Quality Handbook (multiple printings in
2000s)
Journal of Airport Management, The Law of Aviation-Related
Climate Change: The Airport Proprietor's Role in Reducing
Greenhouse Gas Emissions (October-December 2007) [with Dan
Reimer as co-author]
Transportation Research Board, Critical Issues in Aviation and
the Environment (Aug. 2004)
Speeches and Presentations:
American Bar Association, Section on Environment, Energy and
Resources Annual Conference, Perspectives and Priorities from
Senior Biden Administration Officials on the Biggest
Environmental, Energy, and Resources Challenges and
Opportunities (October 14, 2021)
American Bar Association, Air and Space Law Forum Annual
Conference, Plenary Keynote (October 1, 2021)
Federal Bar Association Transportation Law Section, Meet the
Acting General Counsel (July 2021)
Transportation Research Board, Annual Workshop on
Transportation Law, Legal Updates and Perspectives from USDOT
Senior Legal Officers (September 2021)
Environmental Council of the States, 2021 State Environmental
Protection (STEP) Meeting: Partnering on Climate, July 2021,
DOT climate initiatives
Water Environment Foundation Stormwater Policy Forum, June 22,
2021
Conference of Western Attorneys General, What States Need to
Know About the Biden Climate Change Policy (February 16, 2021)
Denver Foundation, February 4, 2021, DOT Regulatory Issues and
Environment Overview
Colorado Bar Association, January 7, 2021, Giving Voice to
Disproportionately Impacted Communities in Front of the Air
Quality Control Commission
Colorado Forum, Multiple Presentations in 2019-2021 on
Transportation, Air Quality and Climate
North Front Range Metropolitan Planning Organization, June
2020, Colorado Greenhouse Gas Roadmap [similar presentation
provided to Pikes Peak Area Council of Governments, Denver
Regional Council of Governments,, local governments, industry
groups, and environmental/community groups]
Air and Waste Management Association, June 2020, Per-and
Polyfluoroalkyl Substances Issues in Colorado
Boulder County Air Quality Forum, January 2020, State Climate
and Ozone Status and Objectives
China Methane Summit, January 2020 and October 2020, State of
Colorado Methane Control Measures
Speaker at Colorado Rural Electric Association and Colorado
Municipal Electric Association meetings on State environmental
and energy policy (2019-2021).
Colorado State University Energy Institute and GTI, CH4
Connections: Methane Emissions Conference, panel on state
regulation of methane emissions, 2019
KGNU Radio, September 17, 2019, Tackling Ozone Pollution
Airports Council International North America, Spring 2019,
Droned and Confused-Managing Drones in a Rapidly Evolving
Airport Environment
Airports Council International North America, Frequent speaker
on UAS, environmental review, climate change, air quality,
noise, airspace and energy issues.
American Association of Airport Executives, annual faculty for
Basics of Airport Law program on airport legal compliance,
airport finance, and environmental issues; speaker on noise,
environmental and UAS issues (2004-2019)
Colorado Municipal League, frequent speaker on aviation, energy
and environmental issues (Approx. 2010 to 2020)
Rocky Mountain Land Use Institute, March 2018, Local Authority
to Address UAS Impacts.
Airport Consultants Council, January 2018, Airport
Privatization & PPP Markets.
River Management Society, Vancouver, WA, October 2018,
presentations on UAS use and regulation, and river access.
Frequent speaker on Renewable Energy Standards and Commerce
Clause, 2015.
United States Transportation Research Board, Committee on the
Effects of Aviation on the Environment, 2013, Overview of
Climate Change Regulation and Aviation.
Rocky Mountain Land Use Institute, 2012, The Urban Frontier:
Managing the Urban/Open Space Interface.
Airports Council International North America Environmental
Affairs Conference, June 2011, Outcome of TRB AV030 Climate
Change Adaptation Planning Meeting
Rocky Mountain Land Use Institute, 2009, Coming Soon to an EIS
Near You: NEPA and Climate Change.
TRB Annual Meeting January 2006, Airports and Community Land
Use Planning
Rocky Mountain Land Use Institute, April 2005, The Interaction
of Transportation and Land Use Planning: The Dog and Tail
Wagging Each Other.
18. List all digital platforms (including social media and other
digital content sites) on which you currently or have formerly operated
an account, regardless of whether or not the account was held in your
name or an alias. Include the name of an ``alias'' or ``handle'' you
have used on each of the named platforms. Indicate whether the account
is active, deleted, or dormant. Include a link to each account if
possible.
Facebook: https://www.facebook.com/john.putnam.940 (active)
LinkedIn: https://www.linkedin.com/in/john-putnam-8b98a812
(active)
Twitter: @JohnPut78201791 (active)
I also formerly operated the Facebook pages for Team Colorado
Whitewater Racing Club and Partners for Rural Improvement and
Development in Ethiopia. I have not done so since leaving the Boards of
these organizations.
19. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
I testified on behalf of the State of Colorado to the House Energy
and Minerals Subcommittee on September 24, 2019, regarding the Methane
Waste Prevention Act of 2019.
20. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I have been working on transportation-related legal and policy
issues since 1994, when I started practicing law in the field of motor
vehicle emissions regulations. From 1994 through today, I have worked
for or represented federal, state, local and private entities on a
range of complex transportation environmental, finance, safety, and
operational issues across multiple modes of transportation. This
includes the 9 months I have served in my role as Acting General
Counsel of the United States Department of Transportation.
In addition to the work on the substance of transportation law, I
have also led and managed teams of lawyers and government employees,
including the Office of the General Counsel at the Department, the
environmental programs at the Colorado Department of Public Health and
Environment, and the law firm of Kaplan Kirsch & Rockwell, LLP,
including through crises such as the COVID-19 pandemic.
I wish to serve as the General Counsel of the United States
Department of Transportation due to my commitment to the mission of the
Department in providing safe, efficient, sustainable and equitable
transportation for the people of the United States. The Department's
mission matters to every one of us, as we rely on transportation to
supply us with goods and the mobility we need to work and connect with
families, friends, school, health care, voting, church and recreation.
The manner in which that mobility is delivered is literally a matter of
life or death as we seek to ensure continuing improvement in the safety
of all modes. It also matters to our health, quality of life and
economic success.
21. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
Upholding the Department's integrity and sound management is the
solemn responsibility entrusted to the senior leadership of the
Department of Transportation. It is an honor to work together with the
extremely well qualified and highly professional team of dedicated
civil servants at the Department to ensure that the Department has the
proper controls and maintains the trust of the American people,
Congress, and this Committee.
This includes managing the more than 100 staff in the Office of the
General Counsel, overseeing the appropriate use of funds in its budget,
and supporting the other Offices and Operating Administrations of the
Department in their fiscal management, human resources and other
critical functions.
If confirmed, my previous experience will provide me a sound basis
to ensure proper management and controls. This includes my 9 months as
the Acting General Counsel at DOT and my experience as the Director of
Environmental Programs at the Colorado Department of Public Health and
Environment, where I was responsible for four operating divisions with
more than 500 employees and an annual approximate budget of $80
million. Prior to my role with the State, I was the Managing Partner of
Kaplan Kirsch & Rockwell, LLP, a law firm with 30 attorneys in 4
offices nationwide.
22. What do you believe to be the top three challenges facing the
department/agency, and why?
First, safety has been and must be the North Star of the
Department. The transportation system faces a number of pressing safety
concerns that it must continue to address. After decades of reductions,
we are seeing an upturn in the number of fatalities and injuries on our
roads, affecting vehicle occupants, pedestrians, and bicyclists. These
deaths and injuries are inequitably distributed among communities in
our country. Within the Department, the surface modal administrations
and its public and private partners need to work together to correctly
diagnose the causes of and provide remedies for the human toll on our
roadways. As an Operating Administration within the Department of
Transportation, the Federal Aviation Administration must work to
restore confidence in the aircraft certification process, while
ensuring safety during the deployment of innovative new technologies.
And, the Department needs to work with its partners to ensure the
safety of passengers and workers from the CoV-SARS-2 virus, which is
necessary both for the benefit of the people in the transportation
system, but also for the economic recovery of the transportation
industry, which depends on public confidence in the safety of travel.
Second, in light of recent recovery packages such as the American
Rescue Plan, ongoing appropriations, and pending bipartisan legislation
on infrastructure, it is essential to ensure that the Department of
Transportation implement these programs carefully and in a diligent
manner to ensure that Congress' objectives are met. Increases in the
levels of needed recovery and investment spending require enhanced
efforts to ensure DOT grants, direct spending and lending are done
properly through the fiscal lifecycle--from planning to oversight and
reporting. As noted in my response to Question #21, the Office of the
General Counsel is working with the Office of the Secretary of
Transportation offices and Operating Administrations to meet these
opportunities and challenges.
Third, the Department of Transportation must make transportation
more resilient and sustainable in light of climate challenges. Our
transportation system, and the communities that rely on it, are facing
unprecedented stresses from flooding, fires, storms, heat and
instability of permafrost. These stresses will increase with continued
climate change; we need to ensure that the system will be as resilient
as possible to these changes. Similarly, we need to ensure that the
transportation system reduces its emissions to slow and reverse the
effects of a changing climate.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
My arrangements are fully described in Part 3 of my Public
Financial Disclosure Report.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain. No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated. Explain how you will
resolve each potential conflict of interest.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
Designated Agency Ethics Official to identify any potential conflicts
of interest. Any potential conflicts of interest will continue to be
resolved in accordance with the terms of an ethics agreement that I
have entered into with the Department's Designated Agency Ethics
Official and that has been provided to this Committee. I am not aware
of any potential conflicts of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last ten years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated. Explain how you will resolve
each potential conflict of interest.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
Designated Agency Ethics Official to identify any potential conflicts
of interest. Any potential conflicts of interest will continue to be
resolved in accordance with the terms of an ethics agreement that I
have entered into with the Department's Designated Agency Ethics
Official and that has been provided to this Committee. I am not aware
of any potential conflicts of interest.
5. Identify any other potential conflicts of interest, and explain
how you will resolve each potential conflict of interest.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
Designated Agency Ethics Official to identify any potential conflicts
of interest. Any potential conflicts of interest will continue to be
resolved in accordance with the terms of an ethics agreement that I
have entered into with the Department's Designated Agency Ethics
Official and that has been provided to this Committee. I am not aware
of any potential conflicts of interest.
6. Describe any activity during the past ten years, including the
names of clients represented, in which you have been engaged for the
purpose of directly or indirectly influencing the passage, defeat, or
modification of any legislation or affecting the administration and
execution of law or public policy.
As an ancillary part of my legal work representing clients, I
registered as a lobbyist on the Federal level for legal work I
conducted for the City of Phoenix, Arizona, regarding airspace issues
(2015-2018). In addition, I was registered as a lobbyist at the
Colorado Legislature for work conducted (2009-2012) for Southwest
Generation and the City of Golden, Colorado, regarding public utilities
law and transportation bills, respectively.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics,
professional misconduct, or retaliation by, or been the subject of a
complaint to, any court, administrative agency, the Office of Special
Counsel, professional association, disciplinary committee, or other
professional group? If yes:
a. Provide the name of agency, association, committee, or group;
b Provide the date the citation, disciplinary action, complaint, or
personnel action was issued or initiated;
c. Describe the citation, disciplinary action, complaint, or
personnel action;
d. Provide the results of the citation, disciplinary action,
complaint, or personnel action.
No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain. No.
3. Have you or any business or nonprofit of which you are or were
an officer ever been involved as a party in an administrative agency
proceeding, criminal proceeding, or civil litigation? If so, please
explain.
I was a partner at Kaplan Kirsch & Rockwell, LLP, in 2005, when a
lawsuit was filed against one of the firm's municipal clients was sued
by a resident for improper payment based on claimed unlawful practice
of law by one of the Firm's other partners. The case was dismissed in
2005.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain. No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain. No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination. None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees, and that
your department/agency endeavors to timely comply with requests for
information from individual Members of Congress, including requests
from members in the minority? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______
Resume of John E. Putnam
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The Chairwoman. Thank you. Thank you, Mr. Putnam.
I'm going to start with you but just to tell all of you we
have lots of questions. So it may take us a second round but
appreciate everybody being here.
The Department of Transportation had received 5,129 refund
complaints, you know, about airline issues of 2021 and you are
looking at a spring of 2022 rulemaking.
Are you going to clarify what significant delays are? You
know, this issue has come up about, you know, if a flight is
delayed more than a significant--you know, the next day, are
you going to help address that issue?
Mr. Putnam. Thank you, Chair Cantwell.
The rulemaking that's on the calendar for this spring is
addressing the question of airline refunds as well as
addressing some of the definitions of unfair and deceptive
practices.
We're having conversations right now with the Aviation
Consumer Protection Advisory Committee, the ACPAC, on that
question of delays and how to define those significant delays
and the characterization of those delays by the airlines. So we
anticipate that that would be the subject of potentially future
rulemaking based on whatever recommendations the ACPAC may
have.
The Chairwoman. Thank you.
And will Section 102 of the Aircraft Safety and
Certification Accountability Act set a deadline for the FAA to
issue a final rule on safety management systems? Will you work
to meet this deadline and work with us and others on the
implementation of this?
Mr. Putnam. Thank you, Senator Cantwell.
The answer is absolutely yes, it's a regulatory priority
for me and for the department to ensure that we're able to
extend safety management systems across aviation but certainly
covering aviation manufacturing.
The Chairwoman. Thank you.
Dr. Cliff, what is your plan to address the regulatory
backlog related to the mandates in the bipartisan
Infrastructure bill? There are 11 new vehicle safety
rulemakings, including mandates for advanced safety
technologies, such as automatic emergency braking, lane-keep
assist, impaired monitoring, so, but I already know you're
facing a big backlog.
So how are you going to help us get these issues addressed?
Dr. Cliff. Thank you, Chair Cantwell, for your question.
Thankfully, the bipartisan Infrastructure law provides a
lot of additional resources for the department, as I mentioned,
a 50 percent increase in our budget. There is a number of
rulemakings, as you note, that have been mandated by previous
surface transportation bills and there is a serious backlog
there as well as a number of new mandates in the recent
bipartisan Infrastructure law.
If confirmed, I will make it a priority to get rid of the
backlog as well as work with this committee to ensure that
we're moving forward on the new mandates. In fact, as Deputy,
I've been working diligently with my team to address the
backlog and as you may have seen from the fall Unified
Regulatory Agenda, we have aggressive deadlines for those
rulemakings.
We're looking forward to using the new resources and
appreciate your leadership on getting those resources to us to
help address these needed rules.
The Chairwoman. Thank you.
Rear Admiral, if confirmed, you will oversee the Merchant
Marine Academy. You've heard a lot of the challenges that we
are facing there. A report found that the Academy suffers from
the staffing and leadership to solve some of these problems.
If confirmed, are you willing to step in personally to
restore and fix these issues at the Academy, including
addressing this issue of sexual assault?
Admiral Phillips. Thank you, Chair Cantwell, for your
question.
Yes, I am willing to step in personally to work to address
the challenges at the Merchant Marine Academy, particularly
starting with the challenges regarding sexual assault and
sexual harassment, but also I'm familiar with the outcomes and
reporting from the NAPA report and will work diligently with
your staff and others and also with the staff of the Maritime
Administration and DOT who have worked diligently on these
issues already to continue their hard work and to make
significant progress for the Maritime Academy.
The Chairwoman. Including working with us on drafting
legislation?
Admiral Phillips. Yes, Chair Cantwell,----
The Chairwoman. Thank you.
Admiral Phillips.--I will work with you on drafting
legislation.
The Chairwoman. This is really important across every
agency that we oversee, particularly when there's this element
of safety and oversight. We have just got to get clear about
where agencies are and where we are and what we can do to
implement them. There's just so much change happening. We just
have to be more in sync and working together and if people
don't support something, they can tell us, but we have to get
to a common ground on many, many of these issues.
Do you support the Jones Act?
Admiral Phillips. Yes, Chair Cantwell, I support the Jones
Act. Thank you for the question.
The Chairwoman. OK. Thank you.
And last to you, back to you, Mr. Putnam, I mentioned in my
opening statement this issue on the California spill. Part of
the issue is that, you know, we have so much anchorage, so we
just need additional safeguards in this system.
Will you commit to reviewing the regulations in light of
the California spill and implementing programs to help us have
more oversight on responding to alarms and to this issue of too
much anchorage around pipelines?
If we basically have given exemptions to allowing ships to
anchor there and then there's just so much more traffic and
congestion, you know, we're putting ourselves at risk.
Mr. Putnam. Thank you, Chair Cantwell.
The answer is yes, we are reviewing the California incident
as well as other incidents and will continue that process,
especially including the implementation of the PIPES Act of
2020.
The Chairwoman. Thank you, and beyond.
Mr. Putnam. And beyond.
The Chairwoman. Thank you.
Senator Wicker.
Senator Wicker. Thank you very much, Madam Chair.
Dr. Cliff, the Chair is correct. We've got a lot that we
need to get to.
94 percent of the fatalities in automobile deaths are as a
result of human error. You agree with that statistic, do you
not, Dr. Cliff?
Dr. Cliff. I think behavioral circumstances are a factor in
94 percent. I wouldn't necessarily say it's human error in all
cases but it is a factor.
Senator Wicker. Behavioral--OK. And we're past the point of
having to debate whether automated vehicles will provide much
more safety for the American driving public. We're past that
point, are we not?
Dr. Cliff. Well, thank you, Ranking Member Wicker.
That's a great question, and I believe, as Secretary
Buttigieg has said, that automated driving systems offer the
potential for much more safety as a result of a statistic that
you mentioned as well as offering the opportunity to drive down
the cost of transportation and provide more environmental
standards.
Senator Wicker. OK. It's at least a two-fer there. Well,
Senator Thune and I wrote a letter in October raising concern
about the apparent lack of agency action regarding autonomous
vehicle technologies this year, received a response last night
which I'd ask unanimous consent to insert into the record at
this point.
The Chairwoman. Without objection.
[The letter referred to follows:]
U.S. Department of Transportation
Washington, DC, December 15, 2021
Hon. Roger F. Wicker,
Ranking Member,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.
Dear Ranking Member Wicker:
I am responding to your October 22, 2021 letter to Secretary of
Transportation, Pete Buttigieg, requesting information on the U.S.
Department of Transportation's (DOT) policy on promoting the safe
deployment of autonomous vehicles (AVs) within the United States. The
Department greatly appreciates your attention to this important matter.
Safety is DOT's top priority. The Department shares your concern
about the alarming number of lives lost on our roads each year. In
response to this crisis, we are establishing the first ever National
Roadway Safety Strategy to bring together work being performed across
the Department and identify a comprehensive set of actions to reduce
injuries and deaths on our Nation's roadways. The strategy, which will
be released in January 2022, will target our most significant problems,
with actions that are expected to have the most substantial impact. We
are taking a safe systems approach to developing guidelines and
regulations and believe that vehicle technology will play a major role
in this strategy.
As part of its focus on vehicle technology, the Department is
pursuing several important regulatory initiatives to advance the
deployment of life-saving technologies available to consumers today. In
the Spring 2021 Unified Agenda of Regulatory Actions, the National
Highway Traffic Safety Administration (NHTSA) announced two rulemakings
that will propose automatic emergency braking performance requirements
for heavy and light vehicles and add pedestrian automatic emergency
braking performance in light vehicles. In the most recent Unified
Agenda of Regulatory and Deregulatory Actions, the Federal Motor
Carrier Safety Administration (FMCSA) announced a rulemaking
complementary to NHTSA's heavy vehicle automatic emergency braking
rulemaking, which will seek information and comment on the maintenance
and operation of automatic emergency braking systems by motor carriers.
NHTSA also is working on updates to its New Car Assessment Program (the
5-Star safety ratings program) to include modern vehicle safety
technologies that can prevent crashes, improve safety for vulnerable
roadway users, and promote safer behaviors.
Your letter also asks about DOT's plans to address automated
driving system (ADS) technologies. The Department sees ADS technologies
as a promising, but not yet mature, component of the vehicle technology
spectrum, and recognizes they present potential significant safety
enhancement opportunities. The Department currently is evaluating a
variety of ADS policy initiatives for both light-and heavy-vehicle
platforms that would assist in furthering innovation while ensuring
safety (including cybersecurity) for both transportation workers and
passengers, and promote American competitiveness.
The Department will continue to make progress on ADS issues over
the course of the next year. Importantly, NHTSA will continue
implementing its Standing General Order (SGO) on incident reporting for
ADS and Level 2 Advanced Driver Assistance Systems. The SGO mandates
timely crash reporting, which provides NHTSA with timely access to
critical data that will help identify potential safety issues. NHTSA
believes this approach will provide a valuable tool to assist in the
safety oversight of vehicles with ADS. In addition, in the coming
months, NHTSA expects to issue a final rule for ``Occupant Protection
for ADS'' (2127-AM06), which would address the crashworthiness
regulations that may be necessary to facilitate the certification of
new vehicle designs equipped without driver controls. As stated in the
most recent Unified Agenda, NHTSA expects to issue this final rule in
February 2022.
Regarding your question on Departmental plans to address these
technologies in rulemakings covering both passenger and freight
vehicles, the Department is engaged in several additional regulatory
actions related to ADS technologies for both passenger and commercial
vehicles. NHTSA has ongoing rulemakings concerning many areas of ADS
regulation, including rulemakings on ``Framework for Automated Driving
Systems Safety'' (2127-AM15), ``Facilitating New Automated Driving
System Vehicle Designs for Crash Avoidance Testing'' (2127-AM00), and
``Considerations for Telltales, Indicators and Warnings in Vehicles
With Automated Driving Systems'' (2127-AM07). FMCSA also continues its
work on a notice of proposed rulemaking (NPRM) for ``Safe Integration
of Automated Driving Systems-Equipped Commercial Motor Vehicles''
(2126-AC17). As stated in the most recent Unified Agenda, FMCSA expects
to issue this NPRM in June 2022.
As it relates to your final question about avoiding prescriptive
requirements for these technologies, DOT's top priority is safety, and
we strive to provide a regulatory framework for ADS technologies that
is based on enforceable, performance-based requirements that allow for
innovation, flexibility and competition in achieving the necessary
safety outcomes. In doing so, consistent with Executive Order 12866,
Regulatory Planning and Review, these rulemakings will assess the costs
and benefits of available regulatory alternatives, including both
quantifiable and qualitative effects.
Thank you for your continued interest in promoting safe
transportation in the United States and American competitiveness.
If you have any additional questions, please contact Mohsin Syed,
Deputy Assistant Secretary for Congressional Affairs, at
[email protected]. A similar response has been sent to Senator Thune.
Sincerely,
John E. Putnam,
Deputy General Counsel.
Senator Wicker. Thank you, Madam Chair.
Let me ask you, Dr. Cliff. What actions will NHTSA take on
with regard to AVs that my letter addressed? Can you outline
for the Committee actions NHTSA will take in, say, the next 6
months with regard to autonomous vehicles, and will the Roadway
Safety Strategy set to be released next month include policy on
autonomous vehicles?
Dr. Cliff. Thank you for the question, Ranking Member
Wicker.
Our approach to automated driving technologies is to
optimize safety while also leaving room for innovation. Nothing
in the Vehicle Safety Act gets in the way of the safe testing
and piloting of these technologies.
The approach that we are taking is to ensure that we have
more data to help inform future actions and in light of that,
we this summer put forth a Standing General Order which
requires the reporting of crash safety data to NHTSA.
It's important that we have those data because in order for
us to move forward on any sort of rulemaking, we need
additional data and research to inform those actions. So the
data that we're collecting as part of this Standing General
Order is a first step in determining what further actions will
be necessary.
Senator Wicker. So the answer would be because we haven't
been able to collect the data quite as soon as we had hoped,
we're going to have to wait on setting out our plan for the
next 6 months to a year.
Dr. Cliff. Thank you, Ranking Member Wicker.
We have put out a rulemaking that establishes a framework
for autonomous vehicles and we collected a number of comments
on those and we're still reviewing those comments. So I think
there's a number of actions that the department can take,
including research, the data collection efforts that I
mentioned, and looking at the stakeholder comments on the
framework that will help inform future actions.
Senator Wicker. This is going to save lives. I hope we can
speed it along and you want to be careful. I want you to be.
Mr. Putnam, I voted for the bipartisan Infrastructure bill
and its got a lot of hard infrastructure in it and really not
much more, contrary to some of the things we heard, but there
is concern about the pace of Federal permitting. The Department
of Transportation has an opportunity to make a lot of
investments.
What steps will you take to improve and speed the
permitting process and do you agree that's a problem?
Mr. Putnam. Thank you, Ranking Member Wicker.
Certainly ensuring rapid permitting will be critical to
realizing the potential of the bipartisan Infrastructure law
and so we are taking a number of steps. First and foremost will
be implementing the One Federal Decision provisions of that law
that include a number of steps to streamline the permitting
process.
But we're looking beyond that point. The potential for new
categorical exclusions, the potential for other process
improvements, so that we can speed along those approvals, focus
on the ones that deserve the attention and clear the way so
that we can, you know, move not impactful and likely impactful
projects.
Senator Wicker. OK. You know, Madam Chair, I think probably
there will be an opportunity for questions for the record.
I want to thank you, Madam Chair, for underscoring what I
said about MARAD and other agencies working with the
legislative branch to help us get the legislation right and
also I would say that it seems to me, having been at sea
numerous times, Rear Admiral Phillips will be in a great
position to understand what our midshipmen go through on the
sea and also to emphasize the importance of actually having
that senior, it's supposed to restart December 22nd, and we
expect the leadership to go through with what they've told us
there, but I think perhaps I'll have a chance to get back in
and ask that question.
But we have to me a resource who's been to sea, who perhaps
has experienced what our young cadets are seeing now and is in
a position to really help us get a grasp on how to stop these
harassments and attacks.
Thank you, Madam Chair.
The Chairwoman. Well, thank you. Thank you, Senator Wicker.
Thank you for those comments.
Senator Klobuchar.
STATEMENT OF HON. AMY KLOBUCHAR,
U.S. SENATOR FROM MINNESOTA
Senator Klobuchar. Thank you very much, Chairwoman. Thank
you to our nominees. Congratulations.
I'm going to actually just focus my questions with Dr.
Cliff because I've long been involved in working on distracted
driving way back to actually when Ray LaHood was the head of
the Department of Transportation and took on this issue as one
of his major, major focuses, and I think that's because we know
it's really actually gotten worse.
Eight people die and more than 1,000 are injured every day
in crashes involving distracted driving and earlier this year I
introduced a bill to create a grant program with NHTSA to
encourage states to implement laws banning all non-navigational
mobile device viewing while driving, such as streaming videos
or video calls on cell phones.
I've personally seen drivers doing this in my own state
driving by them and then you see someone on a video call and
the bill was signed into law last month as part of the
bipartisan Infrastructure law.
Could you talk about how important it is to educate drivers
and especially teens about the dangers of distracted driving
and what more we need to do? I mean, there's carrots and
there's sticks, but more needs to happen.
Dr. Cliff. Thank you for the question, Senator Klobuchar,
and I appreciate your leadership on this issue.
As you probably know, more than 3,000 people die each year
due to distraction and that number is very likely
underreported. That's because it's very difficult to determine
distraction as a cause for roadway fatality. Nevertheless, we
know that it's a really important issue and we're committed to
working on this.
We appreciate the new resources that are in the bipartisan
Infrastructure law to help us do additional research on this
and we actually look at the states and local actions that can
be taken to educate those in their states when distraction is a
particular issue.
So thankfully about a 30 percent increase in the budget
that goes to state highway safety offices will help in that
education role that you mentioned.
Senator Klobuchar. Right. And I think you note how
important that increase is going to be in your testimony.
So one survey found that only about 21 percent of car
owners consider car recalls to be a top priority and the
bipartisan Infrastructure law included a bill that I introduced
with Senators Markey and Blumenthal to direct NHTSA to study
ways to incentivize vehicle owners to get their recalled cars
repaired as well as ways to make recall notices more accessible
and easier, I've had my own experience with this, I'm sure
everyone has, for consumers to understand.
Could you talk about how we need to do better to get
vehicles needed repairs?
Dr. Cliff. Yes, thank you, Senator, for that question.
Recalls are a great way to enhance safety before an issue
actually occurs. If we know that there's a problem with a
vehicle that needs to be addressed, then we want that vehicle
to be fixed and the bipartisan Infrastructure law, as you
mentioned, does have additional resources to help incentivize
in particular departments of motor vehicles who have a
relationship with the vehicle owner to get information out
about recalls.
I will just note that for anyone who has a vehicle, there's
an opportunity to check for recalls. You'll be surprised if you
go to our website, put in your VIN number or download the Safer
Car app, and it will inform you if there is a recall. So for
anyone----
Senator Klobuchar. OK. I didn't know that. That's helpful
to know.
OK. Last subject, next generation 9-1-1, Senator Burr and I
head up that caucus of 9-1-1 and one of our key focuses, and
there have been many improvements for an updated 9-1-1 system,
better operability and the like, interoperability, and the
Senate Reconciliation bill, the Build Back Better bill includes
$500 million for NHTSA to begin modernizing the 9-1-1 systems
in a way that I think we really need and I know this for NTIA.
I'm sorry.
Can you speak to the importance of upgrading 9-1-1 systems
and your plans for coordinating with NTIA, if confirmed?
Dr. Cliff. Thank you, Senator, for that question.
We do look forward to coordinating with NTIA should that
bill pass. Next Gen 9-1-1 is a very critical element, I think,
of our emergency medical services system. Two out of five crash
victims is alive when emergency medical responders get on scene
and so having better 9-1-1 systems to help coordinate with
primary care is a real opportunity to improve outcomes for
crash victims and we definitely will work, if confirmed, with
NTIA to provide any information that we have to make that
program successful.
Thank you.
Senator Klobuchar. Exactly. All right. Thank you very much.
The Chairwoman. Thank you, Senator Klobuchar.
Next is Senator Fischer, then Senator Tester, then Senator
Blackburn.
STATEMENT OF HON. DEB FISCHER,
U.S. SENATOR FROM NEBRASKA
Senator Fischer. Thank you, Madam Chair. Thank you to our
nominees for being here today.
Dr. Cliff, on October 28, NHTSA reported that in the first
6 months of 2021 traffic fatalities increased by over 18
percent from the same time last year. NHTSA went on to say that
the estimated 20,160 deaths is the highest projected in the
first half of the year since 2006.
Based on your understanding, why are we seeing this
concerning increase in highway fatalities?
Dr. Cliff. Thank you, Senator, for your question.
The contributing factors are the same as those that we saw
pre-pandemic but during the pandemic, we've seen that drivers
are willing to take riskier actions; that is, excessive
speeding, impaired driving, both alcohol-impaired and drug use,
as well as being unbelted. More than 10,000 fatalities that are
reported are those among individuals who were not wearing a
seatbelt.
So more education about the dangers of risky driving is
going to be extremely important as well as new technological
improvements that will help reduce some of those trends that we
see from the uptick in fatalities that you note.
Senator Fischer. In the bipartisan Infrastructure bill that
was passed, it provides NHTSA with $2.7 billion in new funding
over the next 5 years. As you noted in your testimony, this is
roughly a 50 percent increase from the FAST Act levels.
How do you plan on using the new funding and specifically
how do you plan on focusing it concerning this concerning spike
we're seeing?
Dr. Cliff. Thank you, Senator, for your question.
About two-thirds of NHTSA's budget goes through to states
for the State Highway Safety Programs. So a large portion of
that money will flow to the states in order to provide more
opportunity for states to focus on issues that they determine
are leading to traffic crashes. So that's one of our
opportunities.
We also have a huge increase in the research budget. That
will provide us more opportunity to do vehicle safety research
as well as behavioral research and then, very importantly, the
electronic data transfer and crash investigation sampling
system will give us more real-time data and better information
about what leads to crashes so that we can put forth
interventions, policy interventions that help drive down those
terrible outcomes.
Senator Fischer. Thank you.
Admiral Phillips, how would you assess the overall state of
the surge sealift? We had a conversation earlier and I
appreciated your comments on it, but how would you address
that?
Admiral Phillips. We did, Senator, for sure. Thank you very
much for your question.
As you pointed out in our earlier discussion, we talked
about the need to maintain a strong and vibrant sealift support
system in support of our national infrastructure and in support
of our national security, and we know from numerous studies
that we are not there and so should I have the honor to be
confirmed, I look forward to working with you and with this
committee and your staff and the many stakeholders involved in
this, DoD, Transcom in particular, and others, to find ways to
try to close those gaps and reach a satisfactory state of
strategic sealift in support of our national security missions.
Senator Fischer. Do you have any ideas how we can move
quickly on that?
Admiral Phillips. Well, thank you for that.
Senator Fischer. We also talked about government. It just
takes forever to get things done and it's hard to move at a
pace that we need to really face and address the threats that
are out there.
Admiral Phillips. Thank you for that question and comment,
as well, Senator, for sure.
As we discussed, it is challenging. However, it is my
understanding that within the Maritime Administration right now
there is work underway to begin to recapitalize the Ready
Reserve Force now that will begin to provide some modernization
of that force which, you know, is essential and so near term
continuing and, where possible, finding ways and should I have
the opportunity to be confirmed, I look forward to working on
such things to accelerate those programs. It's a critical first
step to achieving what we know we need to accomplish our
national security goals.
Senator Fischer. Thank you. Thank you, Madam Chair.
The Chairwoman. Thank you, Senator Fischer.
Senator Tester.
STATEMENT OF HON. JON TESTER,
U.S. SENATOR FROM MONTANA
Senator Tester. Thank you, Madam Chair.
Dr. Cliff, you pointed out in your opening statement what's
gone on with the fatalities around the country and Montana's no
exception. You also talked about the fact that there's more
dollars for you to work with to actually do some good things
when it comes to addressing fatalities.
Could you be somewhat specific in some of the things you're
looking at where the greatest opportunity is for fatality
reduction on our highways?
Dr. Cliff. Thank you, Senator Tester, for that question.
One of the issues, and you mentioned Montana, where rural
fatalities are quite a challenge, we know that about 19 percent
of the population is in rural communities but about 45 percent
of the fatalities are in rural communities.
So one of the things that we find in our research is that
those who are unbelted is one of the leading causes of
fatalities in rural communities. So we've actually developed
some campaigns directed at rural communities to get the word
out about the need to use seatbelts and that's an opportunity
to very quickly drive down the numbers that you cite.
As well, we have additional research into technologies that
can help improve outcomes. The New Car Assessment Program is
one of those where there's an opportunity to provide
information to consumers about the safety of vehicles and I
think there are new technologies, as well, that we can help
implement.
Senator Tester. I agree with the opportunity to educate in
rural America. I've had personal experience. We've all had
these experiences. My son-in-law and grandson would probably
have been killed if they hadn't been wearing seatbelts a few
years back.
But what mode do you deliver that information in? Rural
America is a little different puppy than urban areas and
getting that information out's often tough.
Dr. Cliff. Yes, thank you for that question.
So there's a couple of things. One, we actually do surveys
and look at what sorts of messages connect most with rural
drivers.
Senator Tester. OK.
Dr. Cliff. So we actually established and very recently put
out a new advertising campaign. This is a TV ad that speaks
directly to rural Americans about the need to use seatbelts.
Senator Tester. So cell phones have been brought up several
times here. In Washington, D.C., I live about six blocks from
this building, and every once in awhile I actually drive here
and I'm going to tell you in that six blocks almost without
exception every morning there's at least one person and
oftentimes more than I have fingers that are talking on a cell
phone not paying attention to traffic lights, not paying
attention to what's going on around them.
We can study this issue and we're probably all guilty of
this at some point in time in our driving history, too, I know
I have been, but it's not acceptable. I think it's worse than
drunk driving, quite frankly, and drunk driving's really bad.
What are we going to do about this? I mean, I know there's
a lot of local communities that have passed laws, but what can
we do at the Federal level? We can study the hell out of it. We
know what the problem is.
Dr. Cliff. Thank you for that question.
I think there is a real opportunity to continue messaging
about cell phone use and about distraction in general. As I
noted earlier, it accounts for more than 3,000 fatalities each
year, but we think that that's vastly underreported.
Senator Tester. I would agree.
Dr. Cliff. And I think there is much more opportunity for
education and we need to take much more of a safe systems
approach.
The issue is that people make mistakes, but if an
individual makes a mistake should not lead to their death. So
we need to be thinking more holistically about how to address
safety from the driver to the vehicle to the technology in the
vehicle to the infrastructure.
Senator Tester. Yes. Well, I just hope that you're able to
do something on those things. I mean, truthfully, I think we
know what the problem is. I think real solutions on reducing
death and actual physical action can help a lot, and I'm not
big on, you know, putting restrictions on people, but on the
other hand, we need to figure out how to fix this.
I have really one question for Mr. Putnam and we talked
about rapid permitting with some of the previous questioners,
and I think that timely permitting is going to be critically
important on a bipartisan infrastructure package and others.
How do you square rapid permitting with public input?
Mr. Putnam. Thank you, Senator Tester, and I missed the
very last part of the question.
Senator Tester. OK. How do you square rapid permitting with
public input on the projects?
Mr. Putnam. And thank you for that question, Senator
Tester. It's a great question.
So very little of the process time usually involves
actually getting input from the public. There's a lot of time
leading up to it, a lot of time after that, and so I think part
of it is really focusing on those elements, not, you know,
collecting the public input.
It's vital that we get that public input early because that
actually can help focus on actual issues and problems, solve
those problems early, so you can get a project on the track to
success, get a better project at the end of the day.
It is a balance and will be one of the areas that we're
looking at closely, but we're committed to getting that public
input. It's essential. It's the law, but also leads to better
process outcomes.
Senator Tester. Thank you, all.
Madam Chair, I hope we can get these people out of
committee quickly. I think they're good people and hopefully we
can get them to the Floor and nobody holds them up so we can
get these folks in their jobs. I think it's important. Thank
you.
The Chairwoman. Thank you. Thank you, Senator Tester.
Senator Blackburn.
STATEMENT OF HON. MARSHA BLACKBURN,
U.S. SENATOR FROM TENNESSEE
Senator Blackburn. Thank you, Madam Chairman, and
congratulations to each of you on your nominations and for
being there.
Mr. Putnam, I want to come to you. We had a good hearing
yesterday with our airline execs and we had a little bit of
conversation about spectrum and I'm sure you've seen that the
FAA had come up. They were voicing some last-minute opposition
to 5G deployment and creating problems that 39 countries have
already deployed 5G. Nobody has had these problems or concerns.
DOT does have some significant spectrum holdings and that
mid-band spectrum, we're going to need to, if it's not being
used, if it is fallow, we need to get it back, we need to
recoup it, we need to auction it and get it out there.
So I would like to hear from you how you would see working
with the NTIA and with the FCC to ensure that spectrum is going
to move into the pipeline and get there for consumers and that
we are wisely managing the spectrum.
Mr. Putnam. Thank you for your question, Senator Blackburn.
Certainly there is great economic value associated with
providing additional spectrum, but at the same time we need to
ensure as the Department of Transportation and certainly with
the Federal Aviation Administration that the provision of that
spectrum is safe and that it does not interfere with critical
safety systems, like radio altimeters, which I know----
Senator Blackburn. OK. Well, then, let me ask you this.
What is it that the other 39 countries are doing where they've
had no problem that we are not doing?
Mr. Putnam. Senator Blackburn, it's a great question. Many
of those countries have actually implemented controls on the
level of power associated with the transmitters in those areas.
They have geographic restrictions, you know, relative to
airports and other locations.
Senator Blackburn. What do you think this is a solvable
problem?
Mr. Putnam. Senator Blackburn, I do believe it is a
solvable problem which is why the department and the Federal
Aviation Administration are working with FCC, working with the
communications providers, and the aviation industry to try to
address those, to craft those mitigations so that we can come
up with a solution that works both for safety and for
telecommunications.
Senator Blackburn. OK. So what kind of timeline do you see
as being a workable timeline because no one else has had any of
these problems? We are looking at the importance of 5G and that
rollout not only for security here in the country but also we
look at it as a competition issue when we talk about China.
So I find it very interesting that all of a sudden out of
nowhere come these reservations and these last-minute concerns
which, quite honestly, are appearing the more we hear about
this and learn about it. They appear to be unfounded concerns.
Mr. Putnam. Senator Blackburn, with regard to your original
question in terms of timing, we're looking at this as a top
priority of the department and the Federal Aviation
Administration and so really looking at weeks and months to
craft those solutions, given the decisions of the FCC.
These were issues that were raised by FAA years in the past
and the sense from the department is that they had not been
fully addressed and so FAA did need to address those. They are
real and significant concerns, as identified by the aviation
stakeholders yesterday.
Senator Blackburn. OK.
Mr. Putnam. That being said,----
Senator Blackburn. Let me move on to Dr. Cliff, if I may.
I'm about out of time.
But, Dr. Cliff, autonomous vehicles and the deployment of
autonomous vehicles, I'd love to hear a couple of things from
you about what you think are the steps we need to take to
ensure safety in this near-term deployment of the AVs.
Dr. Cliff. Thank you, Senator Blackburn.
We really need to optimize safety as these technologies are
being piloted and testing and research is occurring.
One of the things that we have done recently is the
Standing General Order which requires reporting of critical
safety data to NHTSA on a timely basis. So that tells us
information about whether vehicles have any safety problems,
whether there's defects that need to be addressed, and any
other critical safety information.
As well, we really haven't taken anything off the table. So
we're trying to ensure that our current safety standards are
maintained in place as innovation occurs and so we want to
optimize safety while we allow for that innovation.
Senator Blackburn. OK. All right. Thank you, Madam
Chairman.
The Chairwoman. Thank you.
There were several people that I know--I'm not sure. We
can't see who's logged--if anybody else has logged on.
Anyway, Senator Hickenlooper.
STATEMENT OF HON. JOHN HICKENLOOPER,
U.S. SENATOR FROM COLORADO
Senator Hickenlooper. Thank you, Madam Chair. Thank all of
you for your willingness to serve, appreciate your wide
diversity of careers.
Mr. Putnam, obviously I'm always happy to have a Coloradan
before us. You previously served as Director of Environmental
Programs at the Colorado Department of Public Health and the
Environment.
DOT recently released a Climate Action Plan to ensure some
of the infrastructure projects consider climate change impacts,
incorporates adaptation resilience solutions.
Describe how your prior experience with sustainability is
going to help guide DOT's implementation within the bipartisan
Infrastructure bill.
Mr. Putnam. Thank you, Senator Hickenlooper. It's good to
see you again in D.C. as well as in Colorado.
So in my previous experience have worked on the development
of projects, the approval of projects, and understand how the
permitting process, the financing process for these projects
work, and so understand how incorporation of sustainability
principles can work their way into these projects, you know,
from the very beginning of design all the way through approval
and implementation.
Beyond that point, in my experience with the State
Department of Public Health and Environment, coordinated on the
development of greenhouse gas roadmap for the state that
included a number of specific elements, including
transportation.
Senator Hickenlooper. Great. Well, we look forward to
seeing your work at DOT.
Admiral Phillips, I apologize for having the confusion in
our meeting yesterday. In October, the Biden Administration
announced several supply chain actions, such as expanding the
hours of operation at the Port of Los Angeles.
The Maritime Administration is going to receive funding
from the bipartisan Infrastructure bill to the tune of $2.5
billion for the Port Infrastructure Development Program.
How will the Maritime Administration use this funding to
address the supply chain issues?
Admiral Phillips. Well, Senator Hickenlooper, thank you for
that question and I'm honored to have an opportunity to speak
with you today.
In particular, as you're aware, I'm not yet in the
building, but the program that is most effective in the context
of addressing supply chain issues from the Maritime
Administration's perspective will be the Port Infrastructure
Development Program. This is already in existence. It has been
very effective.
However, through this generational opportunity with the
bipartisan Infrastructure law, we will be able to do a lot more
with that particular program and should I have the honor to be
confirmed, I look forward to working on that.
In particular, the program can focus on reducing greenhouse
gas emissions, considering economic impacts and decarbonizing
those across not only the maritime sector and ports but across
other stages of the infrastructure systems.
So MARAD's position here and participation will be a long-
term impact again based on what we can do with the PID Program
and thanks to the bipartisan Infrastructure law.
Senator Hickenlooper. Well, perfect. I agree completely on
that. It's going to be the long-term consequences of these
investments that really matter.
Dr. Cliff, let's switch a little bit. The bipartisan
Infrastructure bill includes one amendment that we put together
that directs DOT to issue a report identifying barriers to
researching marijuana and obviously the report will help to
develop Federal marijuana impairment standards for drivers.
When we first legalized recreational marijuana in Colorado,
which I opposed in the beginning, I thought there would be all
kinds of increases in teenage driving, teenage consumption,
frequency of use, we haven't seen any of that, but we do
recognize that we don't have a good way to measure the
intoxication level. We use five nanograms of THC in the blood
as the state's standard.
National Highway Traffic Safety Administration last issued
a report on marijuana-impaired driving in 2017.
I guess my question is if you're confirmed, are you willing
to commit to working with this committee to develop a Federal
marijuana-impaired driving standard so that we can have
something that is a national standard?
Dr. Cliff. Thank you, Senator Hickenlooper.
Absolutely, if I'm confirmed, I look forward to working
with this committee on impaired driving and in particular the
marijuana issue that you mentioned.
Senator Hickenlooper. Great. Because it is one of those
things that it's not going away, it's coming, and I think we
need to address it and get out ahead of it as quickly as we
can.
Anyway, thank you, all. I yield back to the Chair.
The Chairwoman. Thank you.
Is Senator Young or Scott--if not, Senator Rosen.
STATEMENT OF HON. JACKY ROSEN,
U.S. SENATOR FROM NEVADA
Senator Rosen. Well, thank you, Madam Chair. I appreciate
that. Thank you to the witnesses for being here today.
I want to start right in on adapting to innovative
transportation technology because Nevada's proud to be on the
cutting edge of innovative transportation technologies that
includes hosting the only state-wide test state authorized by
the FAA. We participate in several autonomous vehicle and smart
transportation pilot projects and we're supporting electric
vehicle infrastructure and deployment.
We're also home to the Hyperloop 1 Test Bed and the Las
Vegas Loop Tunnel and just last month Nuro, a self-driving
delivery company, broke ground on a manufacturing facility in
Las Vegas, and it's going to be building an innovative test
track for its vehicles.
Underlying all of our state's advancements and
contributions to transportation technology is really a
commitment to safety first and foremost and with lead companies
working toward using technology to make a positive impact on
safety.
So, Dr. Cliff, can you share your thoughts as to how under
your leadership NHTSA will continue to meet its mission to save
lives, prevent injuries, reduce economic costs due to road
crashes, while adapting and setting rules for the increasingly
innovative transportation sector, one that uses autonomous
vehicle technology with other forms of AI, and also, I would
say, requires critical cybersecurity safeguards, and do you
agree with Secretary Buttigieg who recently stated he believes
automated vehicles can make transportation safer, cleaner, more
accessible, and more efficient?
Dr. Cliff. Thank you, Senator, for that question.
Absolutely, I agree with Secretary Buttigieg. He's my boss.
I will say that I appreciate your leadership on this issue and
we have a number of tools that I've already mentioned to help
us ensure safety as we encourage more innovation.
I think there's a lot of opportunity here for technology to
help us address the fatalities that we've seen increase on our
roadways.
Senator Rosen. Well, thank you, and, you know, speaking of
being on the roadways and, of course, in Nevada, tourism tops
our list of economic drivers and so we want to support the
traveling public and so numerous members of this committee have
heard me say many times travel and tourism are the lifeblood of
Nevada's economy and I would say most states in this Nation.
So it's therefore critical to our prosperity to make the
air travel experience as enjoyable as possible from the
planning stages to actually stepping off a plane at the
airport.
So, Mr. Putnam, as you know, the Office of General Counsel
at the Department of Transportation is responsible for the
Office of Aviation Consumer Protection which responds to
consumer complaints and promotes awareness and understanding of
consumer rights and, of course, this office serves a critical
role in addressing concerns of the traveling public and really
wants to help foster a more comfortable experience for those
taking business and leisure travel and they need to keep it
safe and enjoyable.
So, Mr. Putnam, can you talk about how, if confirmed, you
plan to manage your specific responsibilities in the aviation
consumer protection space and also tell us about some of your
priorities for aviation consumer safety?
Mr. Putnam. Thank you, Senator Rosen, and I can say that
one of my longest-standing clients was the Clark County
Department of Aviation and the now Harry Reid International
Airport, so certainly appreciate the central role that aviation
plays in the economy of Las Vegas and Nevada.
With regard to the aviation consumer protection role, it's
been a major focus of my time as Deputy General Counsel right
now certainly addressing the concerns that we're hearing from
the unprecedented wave of complaints related to recalls, so
ensuring that we're addressing those complaints, ensuring that
we're pushing through with the 18 active investigations we have
related to the failure to pay recalls, looking at some of the
rulemakings that I've discussed with Chair Cantwell this
morning, and ensuring that we're really looking forward to
making sure that consumers have the right information and are
protected correctly by the airlines.
In addition, on the safety front, we're working with the
Federal Aviation Administration to ensure that the safety-
related rules are a top priority of the department and that we
do everything that we can to support those efforts.
Senator Rosen. Thank you. I appreciate it.
I see my time's just about up. So I have a few other
questions on clean vehicle jobs. I will submit those for the
record.
Thank you, Madam Chair.
The Chairwoman. Thank you, Senator Rosen. Thank you for
your work on these issues.
Senator Thune.
STATEMENT OF HON. JOHN THUNE,
U.S. SENATOR FROM SOUTH DAKOTA
Senator Thune. Thank you, Madam Chair.
Let me just start by talking a little bit about automated
vehicles or AVs which I think are going to radically alter the
way Americans move, and it will be especially true for the
elderly and persons with disabilities whose current
transportation options are limited, especially in rural areas.
It has the potential to greatly reduce the average of more
than 40,000 traffic fatalities that we see on our Nation's
roadways each year, and while U.S. companies currently lead the
world in AV technology, this advantage cannot be taken for
granted.
The U.S. Regulatory Framework has got to catch up with
private sector innovation in order for these technologies to
advance. There are tens of thousands of good paying jobs and
billions of dollars in investment that are at stake.
AVs have the potential to transform the way Americans move
and the U.S. must lead the world in this transportation
revolution.
Dr. Cliff, I have worked over the past several years in a
bipartisan fashion to enact automated vehicles legislation
which I believe is the key to ensuring AVs are tested and
deployed under a safe and consistent regulatory framework and I
remain committed to advancing this critical emerging
technology.
AVs have the potential to dramatically reduce highway
fatalities, as I mentioned, to relieve congestion and provide a
safe and accessible transportation option for the elderly and
disabled, and I have been pleased to see NHTSA's recent actions
to improve the testing and deployment of AVs through the
granting of exemption petitions and updates to relevant
regulations, and I hope that the department will continue to
build upon that important work.
If confirmed, will you make modernizing motor vehicle
safety standards for AVs, including commercial AVs, a priority
for the department?
Dr. Cliff. Thank you, Senator, for that question.
If confirmed, I will continue our work on AVs, including
the research and data-gathering work that we've already got
underway, yes.
Senator Thune. Do you see AVs as part of the solution to
reducing traffic and pedestrian fatalities, and will you commit
to pursuing a regulatory framework that encourages private
sector innovation in AV technology?
Dr. Cliff. Thank you, Senator.
I do absolutely believe that AVs offer promise. We want to
ensure that we're optimizing safety on the way to that full
implementation of this technology.
Senator Thune. Earlier this year NHTSA issued a Standing
General Order requiring manufacturers, suppliers, and operators
of vehicles equipped with advanced driver assistance systems or
ADAS, as well as automated driving systems or ADS, to report
crash information to the agency within 24 hours of an
identified incident.
ADAS, which is developed to assist a human driver, and ADS,
which is developed to operate a motor vehicle without a driver,
are both beneficial but they could not be more different.
I'm concerned that combining data collection on both
systems into one SGO creates a false perception that the
technologies are similar which could erode public confidence in
AV technology and make future innovation in this space more
difficult.
Dr. Cliff, if confirmed, can you discuss actions that you
would take at NHTSA to make a clear distinction between ADAS
and ADS?
Dr. Cliff. Thank you, Senator, for that question.
You're absolutely correct that these are different
technologies. I want to make clear that no vehicle that's
available for purchase today is capable of driving itself. So
there's nothing that can replace a fully attentive human driver
in the vehicles that are available today.
The Standing General Order that you mentioned does provide
us critical crash safety data that is on a timely basis that
will help inform our future actions. So I believe that using
that tool as well as our other Federal motor vehicle safety
standards tools to help drive forward this technology is going
to ensure that we have safety on the way to full
implementation.
Senator Thune. Well, in particular, what actionable steps
will you take to develop a common nomenclature for ADAS and ADS
terminology with the goal of trying to educate consumers and
mitigate any confusion that may lead to misuse or abuse of
these systems?
Dr. Cliff. Thank you, Senator.
We certainly want the public to understand the capabilities
of these systems and the limitations of the systems. So that's
part of our educational work.
In terms of terminology, we have adopted the SAE
terminology, the levels of automation, and we make clear in our
reporting frameworks that there's differences between these
technologies in terms of the reporting requirements.
Senator Thune. My time is about out, but with additional
NHTSA funding that you've gotten from the Infrastructure bill,
could you describe what the agency is doing to understand the
factors behind this increase and what countermeasures can be
implemented immediately to address this issue, particularly
from the perspective of enforcing traffic laws and curbing
reckless driving, and I'm talking about the 40,000 people that
die on the Nation's roadways each year, and the alarming
increase that we've seen in that?
Dr. Cliff. Thank you, Senator, for that.
You're correct. This is an alarming increase. Most of the
money that we get as part of the bipartisan Infrastructure law,
two-thirds of our budget, flows through directly to states to
address the issues that you're talking about.
A data-driven approach in each state will help address the
most dangerous behaviors, including enforcement. There's also a
lot of opportunities with the new technology for rulemakings
and the upgrade of the New Car Assessment Program to provide
more information to consumers about the safety of vehicles.
Senator Thune. All right. My time expired. Thank you, Madam
Chair.
The Chairwoman. Thank you, Senator Thune.
Senator Blumenthal.
STATEMENT OF HON. RICHARD BLUMENTHAL,
U.S. SENATOR FROM CONNECTICUT
Senator Blumenthal. Thanks, Madam Chair. Thank you all for
your service and thank you for being here today.
I agree with you, Dr. Cliff, that optimizing safety is the
key. I think all too often autonomous driving advocates rely
more on slogans than science. Unfortunately, it undermines the
credibility of the entire system when there is over-promising,
creating excessive expectations, and I had the opportunity to
drive on the track in Connecticut, Consumer Reports track,
which really just exacerbated a number of my concerns about the
expectations that have been raised and the promises that have
been made.
Advanced driver systems and automated driving systems have
the potential to increase safety on the road, no question about
it, but they need to be implemented with caution, and I have
been deeply disappointed that NHTSA has relied on voluntary
unenforceable guidelines and programs instead of taking
meaningful action.
The AV Test Initiative in particular relies on companies to
voluntarily share information about their autonomous driving
tests, but when my staff checked yesterday they saw data from
only 32 companies and there are more than 80 AV companies in
the United States.
This voluntary system ain't working. We need a mandatory
reporting system. This summer's Standing Order to require
companies to report crashes where advanced driver assistance
systems and automated driving systems are engaged is only a
first step. It simply doesn't go far enough.
NHTSA needs to take regulatory action to implement basic
standards for AV developers. I've been saying this point again
and again and again, and I hope that you are hearing it from my
colleagues as well as myself loud and clear today.
You told me when we spoke that the Standing Order was
needed so NHTSA could collect data on AV crashes and that you
would use it to create justifiable data-driven regulations.
It's been more than 6 months now.
When do you anticipate these rules will be ready?
Dr. Cliff. Thank you, Senator, for that question.
The Standing General Order that you mentioned that we
discussed in our call the other day is providing us very useful
data. We also hope to make those data public in the very near
future. This information is going to be invaluable in
determining the actions going forward.
Senator Blumenthal. But what's the time table?
Dr. Cliff. The Standing General Order is very new. We've
only been getting data for about 4 months under that program. I
think we're going to have to continue to look at the data and
understand what's next.
These are very----
Senator Blumenthal. I really want a commitment. It doesn't
have to be a precise date. Is it going to be 6 months? Is it
going to be 6 years? Your agency, sir, and this is not personal
to you, is notorious for delayed rules and we're talking about
life and death potential crashes. Can you give us a more
precise time table?
Dr. Cliff. Thank you, Senator.
I don't have a precise time table at this time, but if
confirmed, I commit to working on this issue expeditiously.
Senator Blumenthal. Let me ask you. One of these companies,
Tesla, is under investigation right now. I think there's
several investigations.
Can you give us a time table for completing those
investigations?
Dr. Cliff. Thank you, Senator.
The investigations that you're talking about, we're working
to complete. We work closely with the manufacturer to gather
information, and we hope to have those investigations wrapped
up soon. I do not have a precise timeline at this time, but if
confirmed, I can----
Senator Blumenthal. Three months? Six months? 10 months?
Early in the new year? Can you give us a general timeframe?
Dr. Cliff. I can say in the typical investigation that it's
usually several months before we take the next step in the
action. We're gathering data now and will determine what those
next steps will be.
Senator Blumenthal. What do you think those next steps
should be?
Dr. Cliff. At this time, Senator, I don't have anything to
offer in terms of the precise next steps.
Senator Blumenthal. Can you give us some more transparency
in some kind of written response to questions that I put to you
about what you're finding?
Dr. Cliff. Thank you, Senator.
I look forward to those questions and we would be glad to
respond.
Senator Blumenthal. My time has expired. So I'm going to
yield now, but I'm looking forward to getting something in
writing that satisfies my expectations about precision and some
sense of certainty about what timelines are.
Thank you.
Dr. Cliff. Thank you, sir.
The Chairwoman. Senator Cruz.
STATEMENT OF HON. TED CRUZ,
U.S. SENATOR FROM TEXAS
Senator Cruz. Thank you, Madam Chair. Congratulations to
each of the nominees. Welcome.
Admiral Phillips, I want to follow up on the conversation
you and I had yesterday. As you know, I have significant
concerns over the Biden Administration's ongoing attack on the
energy industry and the negative impact it is already having on
energy production in the state of Texas.
In this case, I'm concerned also about how it could impact
the application process for deepwater ports licensing. As of
November 15th, there are five pending applications under review
through MARAD's Deep Port Licensing Program. Four of those five
are off of the coast of Texas: Blue Marlin, Blue Water, Gulf
Link, and Seaport Oil Terminal.
Together, these projects create thousands of jobs and
billions of dollars in economic benefit. Once operational,
these deepwater ports increase our energy export capabilities,
establish greater energy security, and support the environment
by displacing highly polluting foreign sources of energy.
Even though the U.S. energy-related CO2
emissions have declined by 15 percent since 2007 and they
continue to decline, President Biden and his appointees have
been deeply hostile to any and all projects involved in the
transport of oil or natural gas.
I am concerned that the Administration's approach will be
extended to the deepwater projects that contribute to the state
of Texas, to economic and energy security of the nation, and to
the national security interests of the Nation.
Admiral Phillips, if confirmed, you will be in a position
at MARAD to approve or to deny applications for port project
licenses. Knowing the benefit that these projects bring to the
U.S. economy and to our national security, if they meet the
statutory requirements, should they be approved?
Admiral Phillips. Senator Cruz, thank you for your question
and thank you for your time yesterday. I appreciate it.
As you are aware and I am not yet in the building, however,
MARAD under the Deepwater Ports Act of 1974 does review through
a system jointly co-chaired by MARAD and the Coast Guard, a
nine-step process to achieve a record of decision which then in
theory would allow a program to move forward should the
conditions of that record of decision be met.
The Maritime Administration, as I understand, follows the
law in that process and works through that nine-step process to
achieve a record of decision, working with stakeholders, with
applicants, and with a number of Federal agencies.
Should I have the honor to be confirmed, I commit to
continuing a fair and equitable review of that process under
the law to move processes forward to achieve a record of
decision.
Senator Cruz. So you gave me the same answer yesterday in
my office that you would follow the law, and my question is if
these applications meet the legal and statutory requirements,
should they be approved?
Admiral Phillips. Senator, thank you for that question.
Without being in the building and without having detailed
knowledge of each of these applications and their outcomes, I
can commit to you that we will review them fairly and equitably
and we will follow the law to complete them.
Senator Cruz. So you're not willing to say if they meet the
statutory requirements they should be approved?
Admiral Phillips. Should I have the honor to be confirmed
and have actual sight of these applications and the outcomes
and records of decision,----
Senator Cruz. Yesterday, you said you'd follow the statute.
I'm asking if they meet the statutory requirements, should they
be approved?
Admiral Phillips. And I am committing to you that we will
follow the law and we will review them fairly and equitably to
achieve a decision.
Senator Cruz. And that does not sound like a yes. Do you
share the hostility to oil and gas that so many other Biden
Administration appointees do?
Admiral Phillips. Senator, thank you for that question.
I cannot answer the specifics of others.
Senator Cruz. Do you have hostility----
Admiral Phillips. I can say that----
Senator Cruz.--to oil and gas?
Admiral Phillips.--the Maritime Administration will review
applications----
Senator Cruz. I'm asking you personally. Do you have a
hostility to oil and gas projects?
Admiral Phillips. Senator, I look forward to working with
your staff in a bipartisan----
Senator Cruz. So you're refusing to answer that? This is a
yes or no question. Do you have a hostility to oil and gas
projects? That should be a pretty simple question.
Admiral Phillips. Senator, I do not have a hostility to
following the law and reviewing the process as defined in the
law.
Senator Cruz. I didn't ask you that. I asked do you have a
hostility to oil and gas projects?
Admiral Phillips. And, Senator, I am thanking you for your
question, and I am stating that I will follow the law----
Senator Cruz. OK. So you're----
Admiral Phillips.--fairly and equitably----
Senator Cruz.--refusing to answer the question. That's
highly disappointing that you're not even willing to say you
don't have a hostility to those projects. That is deeply
concerning.
The Chairwoman. Senator Cruz, I think she's saying that
she's going to follow whatever the----
Senator Cruz. No, she's not. I'm asking if she has a
hostility to oil and gas. It would be very easy. If you asked a
witness do you have a hostility to airplane manufacturing and
they refused to answer that, I'd be willing to bet you'd be
pretty upset at that.
The Chairwoman. Look, I think we just made a record
investment in port infrastructure and I believe in----
Senator Cruz. And the Biden Administration is singling out
Texas and refusing to invest in Texas.
The Chairwoman. Well, I think she's saying she's going to
get in there and see what the law requires. So I would like
to----
Senator Cruz. No, she's not.
The Chairwoman. Well, I'd like to move to Senator Markey,
if I could. Thank you.
STATEMENT OF HON. EDWARD MARKEY,
U.S. SENATOR FROM MASSACHUSETTS
Senator Markey. Thank you, Madam Chair.
I want to, Dr. Cliff, put a focus right now on the issue of
seatback safety. CBS put a spotlight on this problem and I
think it's important for us to get it done, put safety first
once and for all, and inside of the Infrastructure bill there
is a provision which I authored working with Senator Blumenthal
to deal with the fact that there is an antiquated and
ineffective standard for seatback integrity.
The front seats of cars often collapse after a crash,
sending the seats and their occupants careening into the
backseat of the car oftentimes with children in those
backseats. These kids are essentially hit by a projectile which
is the front seat of a car coming toward them and tragically
these seats kill about 50 children a year in the United States
and have been doing so for years.
Unconscionably, the auto industry has refused to address
this crisis for more than 50 years, despite having data from
NHTSA showing that it could cost less than $5 per seat to fix
the problem. Thankfully, we have now passed the legislation and
sent over the authority to NHTSA to deal with this problem.
Dr. Cliff, will you prioritize seatback safety and advance
this rulemaking as quickly as possible?
Dr. Cliff. Senator Markey, thank you for that question.
Absolutely, if I'm confirmed, I will prioritize the
leadership that you've provided in the bipartisan
Infrastructure law to advance rulemaking.
Senator Markey. And you are aware of this danger of those
seatbacks collapsing into children in the backseat?
Dr. Cliff. Thank you, Senator.
Our conversation yesterday was very illuminating, and I
appreciate having the opportunity to talk about it with you.
Senator Markey. So you will prioritize rulemaking to
protect against those seatbacks hitting children in the
backseat?
Dr. Cliff. Yes, Senator, we look forward to prioritizing
the instruction that's given to us in the law.
Senator Markey. And there are three other provisions that
Senator Klobuchar, Senator Blumenthal, and I authored, as well,
that are in the Infrastructure bill, as well as other safety
protections which are backlogged at NHTSA.
Will you pay increased attention to clearing out that
backlog so that we do have safety protections which are put on
the books in area after area where the Congress has legislated?
Dr. Cliff. Thank you, Senator, for that question.
Absolutely, the bipartisan Infrastructure law gives us the
resources we need to get through that backlog and address the
rulemakings going forward.
Senator Markey. Thank you, Dr. Cliff, very much.
Right now the Biden Administration is considering new
Federal fuel economy standards which would cut our energy use,
save consumers money, and protect the climate and public
health.
The best option would increase fuel economy standards by 10
percent each model year between 2024 and 2026, achieving a
total fleet average fuel economy of 51 miles per gallon by
Model Year 2026.
NHTSA's statutory authority requires standards to be set at
the maximum feasible level, language that I worked to author,
included and passed in the 2007 Energy Bill.
Dr. Cliff, NHTSA's concluded that the 10 percent year over
year increase in fuel economy produces the largest net benefits
through the year 2050 compared to other options as well as
would best return us to the fuel consumption trajectory
exemplified by the 2012 standards which the Obama
Administration used to set those high standards.
Do you agree that this would exemplify the maximum part of
the maximum feasible standards goal which is being given to you
and your agency to implement?
Dr. Cliff. Thank you, Senator Markey, for that question.
As you know, we put out this proposal in August and we're
now evaluating more than 67,000 comments that we received on
it. We're analyzing those comments and doing additional
modeling and look forward to finalizing this rule prior to
April to determine what is maximum feasible.
Senator Markey. And again maximum feasible is again focused
on feasibility and if it is feasible, we should do it because
we lost 4 years of the Trump Administration, and we know that
in looking at the options which NHTSA is looking at, the middle
option provides $100 billion worth of net benefits from 2021 to
2050, whereas the more ambitious 10 percent increase produces
$131 billion in net benefits.
So from my perspective that's where we have to be as a
nation, otherwise we won't get all the benefits, but we'll also
be falling behind Germany, China, and other countries in the
world. So it's imperative that we catch up.
So I would only ask you, Doctor, that, if confirmed as
Administrator, will you work with me to develop new maximum
feasible fuel economy standards for model years after 2026
which will spur additional fuel economy improvements for
passenger cars and light trucks?
Dr. Cliff. Thank you, Senator, for that question.
Absolutely, if confirmed, I'd be glad to work with you on
that.
Senator Markey. Yes. And I do hope that you are confirmed.
Your background has made you the perfect person for this job.
Thank you, Madam Chair.
The Chairwoman. Thank you, Senator Markey, and thank you
for bringing up CAFE, very important subject.
Senator Sullivan.
STATEMENT OF HON. DAN SULLIVAN,
U.S. SENATOR FROM ALASKA
Senator Sullivan. Thank you, Madam Chair.
And, Admiral Phillips, I want to thank you. I really
enjoyed our discussion the other day. I want to thank you for
your service. It's very impressive, your Navy service in
particular, but your service to our country.
I'm not going to beat a dead horse with what Senator Cruz
mentioned, but it's clear to me that there's a split in this
Administration. Some people get that, you know, becoming the
world's energy super power, producing more natural gas than
anyone else in the world, more oil than anyone else in the
world, more renewables, until recently that's where we were.
It's a good thing, and I'm not even going to question you.
You're a military person, 30 years in, very sharp, very
impressive.
So it's just kind of a no-brainer what's going on. There's
a split in this Administration. Certain people get this. By the
way, if you increase exports of LNG to our partners in Asia in
particular significantly, there's studies that show that global
greenhouse gas emissions would decline, would decline.
So I think Senator Cruz--I'm not going to dwell too much, I
had no intention to, but this is a really important issue to
me, too. It's important to any American. Unilaterally disarming
our energy sector just makes no sense and the hostility from
some quarters, not all, of the Biden Administration on this
just makes no sense.
So I think the worry is if you go through that nine-step
process, it looks good, the laws, and Gina McCarthy or John
Kerry call you, say hey, Admiral, shut it down, sorry, that's
what I worry about, right.
So you won't accept outside influence like that if you
decide on your own merits that something like this meets the
statute, would you? You're doing it. I just want to make sure
you're someone who I don't think would succumb to that kind of
pressure.
Admiral Phillips. Senator, thank you for your question, and
thank you for your time discussing matters important to you in
Alaska and others. I appreciate that.
My response, of course, as you are aware, I am not in the
building. I'm not yet in the building, so I do not have details
on some things certainly, and I think in the interests of
following the law, which we've discussed, and going through a
fair and equitable process within the boundaries of not only
port infrastructure development but also deepwater ports, we
have a real opportunity here in the country to improve and
build resiliency in ports across the country in a bipartisan
way to make change and improve our infrastructure in ways that
we have not been able to do in the past.
Senator Sullivan. OK.
Admiral Phillips. So I will say that.
Senator Sullivan. OK.
Admiral Phillips. I look forward to working with you on
that.
Senator Sullivan. Great. Let me get back to, you know, I
mentioned in our meeting the Department of Defense. I actually
had the Department of Defense Commissioner report on the
assessment on the DoD Strategic Seaports, the two lowest-rated
ports of the 18, were the Port of Tacoma and the Port of
Alaska.
I know the Chairman cares about this issue, as well, but
will you just recommit to me to work with me and I'm sure
Senator Cantwell's interested on addressing this challenge? I
know DoD is interested, as well. This is kind of a win-win on
some two very important ports that actually work very closely
together.
Admiral Phillips. Yes, Senator, should I have the honor to
be confirmed, I do look forward and commit to working with you
and your staff and with this committee more broadly in
particular to, as discussed, work on port infrastructure
development nationwide and, of course, with consideration.
Thank you for forwarding the study that you forwarded to me
yesterday. I did review it and look forward to working with
other Federal entities, DoD and others, to make progress in
again building resilience and sustainability across America's
port infrastructure.
Senator Sullivan. Let me ask a question I didn't get to ask
you yesterday and it was just news. You and I weren't involved
in this, but as you know, the Port of Anchorage has had this
long-running lawsuit against MARAD on the port.
The Federal Court of Claims judge ruled the other day in
favor of Anchorage and, you know, my own view has been we need
to settle this and move on, right. I just want to get a
commitment from you. There's going to be a damages award
element of this. I have no idea if it's going to be $1 or
several hundred million, but what I don't want is somehow that
if it's, you know, a significant sum that MARAD will say, oh,
well, Anchorage won that lawsuit, so we're not going to provide
them any additional funds. That would actually be very unfair.
Can I get a commitment from you on that?
Admiral Phillips. Senator, thank you----
Senator Sullivan. I don't want double dipping here, right.
They've spent--well, you and I talked about it a long time on
this--tens of millions, if not hundreds of millions on legal
fees. What I don't want is the Feds saying, oh, they won, they
got an award, so we're not going to use any of the
infrastructure dollars to help them which seems to be
penalizing them.
Admiral Phillips. Senator, thank you for your question.
We have discussed this issue. I am aware of the lawsuit and
of the very recent outcome. However, as I am not yet in the
Administration, I have no insight into any details current or
future that may impact that particular outcome.
What I can commit to you is that applicants to the PIDP
Program, the Port Infrastructure Development Program, will get
a fair and equitable review of their application, irrespective
of who they are, so that we can move forward again to take
advantage of this generational opportunity for America's port
infrastructure.
Senator Sullivan. Great. Thank you, and, Madam Chair, I
have other questions for the other witnesses. I'll submit those
for the record.
The Chairwoman. Thank you.
Senator Peters, technically you're next, but Senator Lujan
has been waiting for some time. Is it possible that he could--
the two of you----
Senator Peters. I'll be happy to defer.
The Chairwoman. Thank you.
Senator Lujan.
STATEMENT OF HON. BEN RAY LUJAN,
U.S. SENATOR FROM NEW MEXICO
Senator Lujan. I appreciate that, Chair Cantwell, and thank
you, Senator Peters.
Dr. Cliff, the mission of the National Highway Traffic
Safety Administration has never been more important. According
to the agency in 2020, the United States had a 7.2 percent
increase in traffic fatalities despite a 13.2 percent reduction
in miles traveled. 2021 is even worse with an additional 18.4
percent increase in deaths during the first 6 months of this
year.
Increases in alcohol and drug use while driving has had a
terrible impact. NHTSA found that proportion of drivers with
opioids in their system nearly doubled in March 2020 while the
number of drivers testing positive for marijuana rose by 50
percent.
In your current role as Deputy Administrator, Congress gave
you a mandate to save lives and prevent injuries. That is why I
introduced the RIDE Act or the Honoring Abbas Family Legacy to
Terminate Drunk Driving Act. Congresswoman Dingle, Senator
Scott and Peters and Capito, and I believe that NHTSA needed to
be pushed to do it better and get impaired drivers off the
road.
Fortunately, this committee, this Senate, and the President
agreed. Now the HALT Act is Federal law and the President has
nominated you to oversee implementation of the most important
safety standard in over a decade, but the work is only just
beginning and this cannot be another rulemaking where NHTSA
blows through the statutory deadlines.
There are too many lives on the line. Every additional year
means 10,000 preventable deaths and countless injuries. I'm
grateful that just this week you said here, ``Committed to
expeditiously implementing the laws advanced impaired deriving
technology provision.''
Dr. Cliff, I would like a clear timeline. Yes or no, is
NHTSA prepared to implement the Federal Motor Vehicle Safety
Standard established by the HALT Act within the three to 5
years required in Section 24220 of the IIJA?
Dr. Cliff. Thank you for that question, Senator Lujan, and
thank you for your leadership on this really important issue.
Absolutely, yes.
Senator Lujan. This can't afford to wait, and I want to
work with you to make sure Congress gets you the resources you
need to implement this legislation within this deadline.
Madam Chair, I also have a series of documents I ask to be
submitted to the record. The first document is reporting by
Hemming's Motor News titled ``General Motors Onboard
Experimental Alcohol and Drug Impairment Detection Device of
the 1970s.''
The second is from NBC News, dated January 2007 with an
announcement from Toyota Motor Corp. that they're developing a
fail-safe system for cars that detect drunk driving and
automatically shuts the vehicle down if sensors pick up signs
of excessive alcohol consumptions.
The third document is a press release from Volvo, March
2019, stating that ``Volvo Cars believe intoxication and
distraction should be addressed by installing in-car cameras
and other sensors that monitor the driver and allow the car to
intervene if a clearly intoxicated or distracted driver does
not respond to warning signals and is risking an accident
involving serious injury and death.''
And finally, the fourth document is a report on test
results performed on the 2021 Subaru Outback from European
counterpart Euro NCAP which gave the model its highest rating
and states that the car ``a system which monitors the driver's
state of alertness directly by assessing eye movement and
indirectly from steering inputs which can provide indication of
fatigue or impaired driving.''
The Chairwoman. Without objection.
[The information referred to follows:]
Hemmings
A GM onboard experimental alcohol and drug impairment detection device
of the 1970s
By Thomas A. DeMauro on Jan 16th, 2019 at 2:58 pm
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Considering the emphasis placed on eliminating impaired driving
today, be it due to alcohol, drugs, or other distractions such as
texting, it's interesting to note that back in the 1970s (well before
texting) General Motors was seeking solutions. An example is this
critical tracking test (CTT) ``experimental deterrent'' that was
developed and evaluated by GM's Engineering Staff for 1974.
Results of a 10-second test the driver took each time he or she got
behind the wheel determined whether the car would start. When the key
was turned, the CTT was administered via the gauge in the instrument
panel. Its needle began to move to either side of the center mark on
the gauge face, and the driver had to keep it within the acceptable
range through small corrections made with the steering wheel. Needle
movements intensified as the test progressed, further challenging the
driver.
If he or she was successful, the ``Pass'' button illuminated, and
the car could be started. If the driver failed, the ``Reset'' button
lit up and had to be pushed to repeat the test.
The information provided by GM states that the driver had three
attempts to pass, but it doesn't reveal what happens after three
failures. Other contemporary reports on the device have mentioned a
one-hour wait before the test could be tried again.
GM summed up by stating, ``Early experiments indicate a 70-percent
intoxicated failure rate among persons with a 0.1-percent or more blood
alcohol concentration, limit of Michigan's implied consent law.''
We've also read about an earlier version of this type of device
from GM that instead displays a series of five numbers above five
numbered white buttons on the instrument panel. To pass this test, the
driver must accurately replicate the number sequence provided by using
the buttons and do it in the designated timeframe. Another variation
was a handheld unit that operated in the same manner but had a keypad
with more numbers that was similar to a phone.
Had any of these devices been made mandatory, a situation that
would've required consideration is if a driver had to move a car in an
emergency where time was of the essence. Another is, those who did not
drink alcohol, take illegal drugs, or legal pharmaceuticals that could
cause impairment may have felt like they were being punished for those
who did.
Conversely, they could've viewed it as they'd rather be
inconvenienced for 10 seconds at the beginning of a drive if it
significantly reduced the chance of crossing paths with another driver
who didn't have to take the test and was impaired. These types of tests
may also have been useful in keeping heavily fatigued or angry drivers
off the road, until they rested or calmed down enough to pass.
Nevertheless, they didn't eliminate the possibility of an impaired
driver simply recruiting someone else to perform the required task(s)
just to get the car started.
We don't recall seeing any of these devices installed in passenger
cars sold to the public back then. Have you heard of them or others
like them that were tested in vehicles of that era to accomplish the
same goal?
Would you have purchased a car that included one of these devices
as standard/mandatory equipment, or would it have been a deal breaker?
______
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
______
V O L V O
Press Release
Mar 20, 2019 | ID: 250015
Volvo Cars To Deploy In-Car Cameras And Intervention Against
Intoxication, Distraction
Volvo Cars today reveals a new step in its ambitions to end
fatalities in its cars by addressing the issues of intoxication and
distraction.
Apart from speeding, which the company aims to help combat with a
top speed limit, intoxication and distraction are two other primary
areas of concern for traffic safety. Together, these three areas
constitute the main `gaps' towards Volvo Cars' vision of a future with
zero traffic fatalities and require a focus on human behaviour in the
company's safety work as well.
For example, figures by NHTSA show that in the United States,
almost 30 per cent of all traffic fatalities in vehicles in 2017
involved intoxicated drivers.
Volvo Cars believes intoxication and distraction should be
addressed by installing incar cameras and other sensors that monitor
the driver and allow the car to intervene if a clearly intoxicated or
distracted driver does not respond to warning signals and is risking an
accident involving serious injury or death.
That intervention could involve limiting the car's speed, alerting
the Volvo on Call assistance service and, as a final course of action,
actively slowing down and safely parking the car.
``When it comes to safety, our aim is to avoid accidents altogether
rather than limit the impact when an accident is imminent and
unavoidable,'' says Henrik Green, Senior Vice President, Research &
Development at Volvo Cars. ``In this case, cameras will monitor for
behaviour that may lead to serious injury or death.''
Examples of such behavior include a complete lack of steering input
for extended periods of time, drivers who are detected to have their
eyes closed or off the road for extended periods of time, as well as
extreme weaving across lanes or excessively slow reaction times.
A driver monitoring system as described above is an important
element of allowing the car to actively make decisions in order to help
avoid accidents that could result in severe injuries or death.
``There are many accidents that occur as a result of intoxicated
drivers,'' says Trent Victor, Professor of Driver Behaviour at Volvo
Cars. ``Some people still believe that they can drive after having had
a drink, and that this will not affect their capabilities. We want to
ensure that people are not put in danger as a result of intoxication.''
Introduction of the cameras on all Volvo models will start on the
next generation of Volvo's scalable SPA2 vehicle platform in the early
2020s. Details on the exact amount of cameras and their positioning in
the interior will follow at a later stage.
Today's announcement should be viewed together with the company
limiting the top speed on all its cars to 180 kph from model year 2021,
in order to send a strong signal about the dangers of speeding.
The company wants to start a conversation about whether car makers
have the right or maybe even the obligation to install technology in
cars that changes their drivers' behaviour. Both the speed limit and
the installation of incar cameras illustrate how car makers can take
active responsibility for the aim of achieving zero traffic fatalities
by supporting better driver behaviour.
Volvo Cars today also revealed the Care Key, which allows Volvo
drivers to impose limitations on the car's top speed on all cars from
model year 2021, before lending their car to others.
The Care Key, the monitoring cameras, the speed limit as well
existing driver assistance systems all serve one single aim: to support
safer driving.
______
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Lujan. Dr. Cliff, auto manufacturers have been
developing this technology for over 40 years. In November 2020,
NHTSA even requested information on available or late-stage
technology under development for impaired driving detection and
mitigation.
Dr. Cliff, based on your RFI, the car manufacturers claims
I mentioned, and cars already on the road, do you believe
impaired driving technology using driver monitoring is best
suited to meet the mandate under the HALT Act?
Dr. Cliff. Thank you, Senator, for that question.
I think that there are many promising technologies,
including driver monitoring and the DADS technology that you
mentioned, that can help move forward on this important issue.
We're continuing our research and thankfully because of the
resources provided in the bipartisan Infrastructure law, we'll
have an opportunity to really advance that technology
development.
Senator Lujan. I appreciate that, sir.
Dr. Cliff, I want to tell you a different story, as well,
about one of my constituents. 2015-16, 16-year-old Riley Eric
Kline was driving to high school in Albuquerque, New Mexico. He
was driving responsibly under the speed limit with a cell phone
zipped in his backpack. Riley got into an accident with a semi-
trailer and his Civic was pinned underneath it and dragged a
half mile until it burst into flames. Riley burned to death on
his way to school that day.
Under-ride crashes occur when an automobile collides with
the side of a truck or a semi-trailer and due to the height
differential between the vehicles collides partially or
completely under the side of the semi-trailer. These crashes
are extremely dangerous and often result in severe injuries and
deaths like in the case of Riley.
The question that I have, Madam Chair, because my time has
expired, I'll submit to the record, but it's going to be
important to hear from you, Doctor, on what NHTSA will do with
the research required in this legislation where Congress has
already taken action and the Kline family continues to share
this story because they don't want other families to go through
what they did.
I want to commend you for the work that you're going to do.
I look forward to your expeditious confirmation so we can get
to work and get this done.
Thank you, Madam Chair.
The Chairwoman. Thank you, Senator Lujan. Thank you very
much.
Senator Peters.
STATEMENT OF HON. GARY PETERS,
U.S. SENATOR FROM MICHIGAN
Senator Peters. Well, thank you, Mr. Chairman, and thank
you, Senator Lujan, for your leadership on that legislation
which I was proud to co-sponsor with you, and I know the Abbas
family. As you know, the Abbas family is a wonderful, amazing
family in Michigan and the tragic death of members of that
family to a drunk driver on a night-time drive back from
Florida with the entire family with a drunk driver on the wrong
side of the highway crashed into them and killed the entire
family, three small children, a mother and a father, was a
horrific thing.
I still vividly remember the funeral where the community
turned out. It's clearly one of the saddest funerals I've ever
been to to see a beautiful young family die so tragically on
that highway.
So this legislation must get enacted. We've passed it. It's
critically important that, Dr. Cliff, you focus on that that we
get it done. There are so many other families like the Abbas
family that suffer similar tragedies and thousands of people
every day. So I hope you prioritize that.
I will be working with Senator Lujan and many others who
will be making sure that you do that, but I hope I have your
commitment to make that a priority.
Dr. Cliff. Thank you, Senator. You have my commitment.
Senator Peters. Thank you.
In addition to lives lost from drunk driving and other
substances, we lose a lot of other lives on the highway. Nearly
38,000 people lost lives on our highways and we know that most
of those accidents, as you know, are from human error and we
have technology that's now being developed that can take the
human error aspect out of driving and create incredible safety,
particularly with autonomous vehicles, and that's the thing
that excites me most about this technology is that it literally
will save tens of thousands of lives each and every year, but
we need to fully develop this technology.
Our auto companies are spending considerable amount of
resources to get there, but we need to have a legislative
framework in place that allows that technology to move as
quickly as possible, and, you know, I think when it comes to
moving quickly, we know that works out to roughly about a
hundred people on our highways every day. Every single day we
can get this technology up and running saves a lot of people
and it is cumulative.
So I know you've talked about autonomous vehicles. Several
of my colleagues have raised questions related to autonomous
vehicles, and I appreciate your support when we talked, as
well, prior to this hearing, but in the spirit of making this a
reality, will you commit to providing timely feedback and
technical assistance on legislative efforts that I'm engaged in
with a number of my colleagues here? We have to get this done.
Could you tell me your commitment? Not just yes or no, how
committed are you?
Dr. Cliff. Thank you, Senator Peters.
If confirmed, I'm committed. As I said in the conversation
that we had, I look forward to working with you. I know you and
your office have a lot of expertise on this issue.
Senator Peters. Well, I appreciate that, if confirmed.
The other thing that I think is important, Dr. Cliff, is
how NHTSA communicates with the public about these autonomous
technologies and automation. To help ensure that the discussion
on autonomous vehicles kind of puts the safety record in
context, and what I mean by that is I'm always concerned that a
single high-profile accident, which will happen as this
technology is developed, can make this new technology seem
unsafe to the public, but in reality we know that cars driven
by humans are going to prevent a much larger safety risk than
these technologies as they continue to be developed and so I
think it's important not to unfairly prejudice public opinion
as to the potential benefits of this life-saving technology.
So how do you think NHTSA needs to communicate that to the
public at large as this technology's developed?
Dr. Cliff. Thank you, Senator, for that question.
I agree with you that we want to avoid hyperbole. We want
to ensure that we're putting into context the data that we
collect and ensuring that as we put out information to the
public that we're doing so in the best scientific fashion that
we can.
We're a data-driven agency. We're going to rely on those
data to inform our future actions. We need to make sure that
we're doing so in a straightforward and engineering scientific
way.
Senator Peters. Well, good, and as you move forward to help
us move this technology, do you think there are any additional
resources or barriers that you face in getting us to the place
that we need to be? How can we be helpful here? How can
Congress assist your efforts and the efforts of NHTSA to bring
this technology to the forefront?
Dr. Cliff. Thank you, Senator, for that question.
If confirmed, I would be glad to continue to work with you
and advance any ideas that we have that we believe might be
barriers. Thank you.
Senator Peters. Appreciate it. Thank you, Madam Chair.
The Chairwoman. Thank you. Thank you, Senator Peters, and
thank you for your comments about the legislation and the
family that was impacted, very moving. So thank you for your
work on that and on AVs in general.
We're going to Senator Young.
STATEMENT OF HON. TODD YOUNG,
U.S. SENATOR FROM INDIANA
Senator Young. Thank you, Madam Chair.
In 2018, a driver struck and killed three young students
and severely injured a fourth student while they were boarding
a school bus in Rochester, Indiana.
In 2019, school bus drivers throughout Indiana documented
every stop arm violation that occurred during one single day of
the morning and afternoon routes. In one day more than 2,500
stop arm violations occurred. That's why I introduced the Stop
for School Buses Act with Senator Peters to address this
problem.
The bipartisan legislation requires NHTSA to perform a
comprehensive evaluation of methods to prevent the dangerous
and illegal passing of school buses at loading zones. This
important legislation was recently signed into law.
Dr. Cliff, if confirmed, will you commit to swiftly
implement this bill to help prevent dangerous and illegal
passing of school buses?
Dr. Cliff. Thank you, Senator, for that question.
If confirmed, I look forward to moving forward on these
provisions.
Senator Young. Thank you, Doctor.
The United States is a leader in emerging transportation
technology and as a matter of national and economic security we
have to maintain that leadership edge as other countries work
to erode America's competitive advantage.
At the same time there's an epidemic of roadway fatalities
and injuries on our roadways. NHTSA reported an 18.4 percent
increase in roadway fatalities in the first half of 2021. Tens
of thousands of Americans lose their lives every year in motor
vehicle crashes and millions more are injured.
The vast majority of these crashes are caused by human
error and autonomous vehicle technology removes human error
from the equation.
Since I joined the Senate 5 years ago, Senator Thune has
been pushing the same bipartisan AV START Act, a bill that
passed this committee by voice vote in 2017, and yet we sit
here today and that bill has gone nowhere because of the trial
lawyers and politics being played by some of my colleagues on
the other side of the aisle.
Sadly, that means that once we finally do pass Senator
Thune's great bipartisan AV START Act, and I believe we will
soon, some members of this committee will have quite literally
contributed to setting the United States back multiple years in
the race against China and other nations.
Dr. Cliff, while your testimony mentioned the increased
traffic fatalities, I was disappointed that you made no mention
of autonomous vehicles.
Can you share your thoughts on the importance of supporting
American innovation and roadway safety in the autonomous
vehicle sector?
Dr. Cliff. Thank you, Senator, for that question.
At NHTSA, our role is to optimize safety as we allow for
innovation. We believe that these new technologies hold great
promise, as you indicate, and I think there's an opportunity
for us to continue to advance innovation while ensuring safety
along the way.
At full maturity, the safety of technologies that you
identify are unprecedented, but we can't forego the safety in
the interim as we get to that full maturity.
Senator Young. So if confirmed, sir, what concrete steps
will you take to promote the near-term deployment of self-
driving vehicles?
Dr. Cliff. Thank you, Senator.
If confirmed, I look forward to continuing to ensure that
we're providing the exemptions under the law and as directed by
the FAST Act as well as using the new research dollars provided
under the bipartisan Infrastructure law to advance our
understanding of these technologies.
Senator Young. Thank you, sir. I'll look forward to working
together on this and pushing the envelope to ensure that you're
exploiting all legal and responsible opportunities to make sure
we're able to deploy self-driving vehicles at our earliest
opportunity.
Thank you so much. I yield back.
The Chairwoman. Thank you, Senator Young.
We did have Senator Scott, Senator Johnson, and Senator
Sinema maybe joining us remotely. I don't know if they're out
there. It's hard to see. We don't have anybody on camera now.
But if there's somebody in those offices, now is the time to
have them join.
While we're waiting to see if we have a response from any
of them, I want to ask one last question to you, Mr. Putnam,
about the implementation of the bipartisan law.
DOT is set to receive $567 billion over five years, an 80
percent increase from the FAST Act, to help modernize every
aspect of our transportation system. This includes a 221
percent increase in the capacity for things that will impact
our supply chain and eliminate freight bottlenecks.
For example, in the state of Washington that would be
things related to I-5, things related to the Port of Tacoma
which is a major export center for us, Highway 2 which there is
a trestle. All are needed or in need of infrastructure
investment, I should say.
Dr. Cliff, these are also places--Highway 2 in the last 15
years had more than 60 people died on Highway 2. An average of
82,000 vehicles use that passageway every year.
So as the Asia-Pacific becomes a bigger destination for
U.S. products, all the way through the Midwest, all the way to
the coast, getting our infrastructure to help deal with the
supply chain is critical.
So how can we get the implementation of these programs--can
you talk about how DOT can help get this implemented as quickly
as possible?
Mr. Putnam. Thank you, Senator Cantwell, for that excellent
question and that is top of mind at the department right now.
So at a very high level the Secretary has directed the
creation of an Executive Policy Council that's headed by the
Deputy Secretary, staffed by the Under Secretary. I'm a member
of that along with all of the operating administration
administrators or acting administrators.
So at a very high level it has our focus, but we're really
taking a complete and thorough review from beginning to end of
the process, making sure that we get guidance in place, make
sure we get the appropriations table out, our allocations
tables out, starting to working on common language on notices
of funding opportunities so we can streamline that process,
look at technical assistance for many of the applicants, rural,
urban, freight, all across the country, tribal, so that we can
make sure that we get good projects in the pipeline, that we
get good applications in, look at the permitting process, look
at the process of documenting those decisions, and then all the
way through to actually implementing those projects, overseeing
those projects, and closing them out.
If confirmed, look forward to continuing my efforts to
implement that process. Certainly there's a legal component.
There are budget components. There are management components.
Make sure we have the staff in place to do that. It's really a
whole of department effort.
The Chairwoman. So you think these things, particularly in
areas where we authorize things for the first time, mega
projects, which are about moving major projects, many of them
definitely related to our economic success as a nation, and
moving freight at grade crossings and other new programs to
help move product where congestion occurs, you know, at many of
our cities and towns as freight moves through them, and
obviously the increase in the Ports Program, so all of these
are big priorities in moving products. So you think this is
something that will be done early in January?
Mr. Putnam. Thank you, Chair Cantwell.
We've started the conversations about mega projects, as an
example, about supply chain, recognizing the priorities
associated with those, especially given the current challenges
associated with the supply chain. So they are top focus. We're
bringing in additional staff and talent, as you've likely read
in the news or with press releases, in order to make sure that
we have really the best and the brightest on those problems
and, you know, try to focus on that as quickly as we can out of
the gate.
The Chairwoman. Well, I always say about ports are us when
it comes to my state. So we're very excited about this level of
investment just because we have seen the challenges and again
we may be the throughput but we see product from all over the
United States and we know that freight really can't wait. If it
does, then we're going to lose competitively to other nations
who've made major infrastructure investments, as well.
So, anyway, glad that you have been able to give that
detailed of an answer about the specifics the agency is going
to be undertaking. That's why we want to get you over there as
soon as possible so we can get all the legal aspect of this
taken care of.
Well, I don't see anybody else who's joining us on camera.
We'd like to thank all of you for again being here.
The Senators will have until Tuesday, December 21, at noon,
to submit questions for the record to the Committee, and you
all will have one week to respond to those questions.
So thank you again for your willingness to participate
today and that concludes our hearing.
[Whereupon, at 2:03 p.m., the hearing was concluded.]
A P P E N D I X
Response to Written Questions Submitted by Hon. Maria Cantwell to
Rear Admiral Ann Phillips
Question. Admiral Phillips, if confirmed, will you pledge to work
collaboratively with this Committee, provide thorough and timely
responses to our requests for information as we put together and
address important policy issues, and appear before the Committee when
requested?
Answer. Should I have the honor of being confirmed, I will work
collaboratively with the Committee, including on requested appearances
before the Committee, and I will provide timely responses to requests
for information.
Port Infrastructure. The COVID-19 pandemic resulted in Americans
transitioning faster than ever to e-commerce, stressing our supply
chain. According to the U.S. Census Bureau, total e-commerce sales in
2020 increased 32.4 percent from 2019. This surge resulted in
congestion at U.S. ports.
MARAD administers several key programs that provide long term
solutions to address supply chain congestion, such as the Port
Infrastructure Development Program (``PIDP''). We need to ensure our
ports have the infrastructure to meet the needs of our new economy. Now
that Congress has invested $2.25 billion in the Infrastructure
Investment and Jobs Act for PIDP, we need these dollars on the ground
to bring our ports into the future.
Question 1. If confirmed, will you commit to administer the PIDP
program fairly and transparently while ensuring that critical
investments are made to alleviate port congestion? How will you
expedite distribution of IIJA funding to ensure funding reaches our
ports as soon as possible?
Answer. If confirmed as Administrator, I will continue my
commitment to being a steward of taxpayer dollars. I am committed to
ensuring that funds entrusted to MARAD for the PIDP are appropriately
administered in accordance with the statutory guidance provided by the
Congress, and with applicable Federal requirements including those
related to transparency.
I understand the urgency of getting grant funds out the door in an
efficient manner, and I will work to do so, while safeguarding taxpayer
dollars and maximizing the impact of these grant programs within the
confines of Federal law and the notice of funding opportunity.
Question 2. The infrastructure bill also included additional
authority for the PIDP program to make our ports more resilient to
climate change, a threat facing our supply chain. Given your expertise
and experience working on the development of Virginia's Coastal
Resilience Master Plan, what do you think is the most effective way to
use these dollars to make our ports efficient and resilient to extreme
weather and our changing climate?
Answer. While I am not yet in the Administration, my understanding
of the expanded capacity for port infrastructure in the Bipartisan
Infrastructure Bill includes opportunities to mitigate climate impacts,
reduce emissions and improve air quality for ports and surrounding
communities, and promote equity and economic growth. Based on my
experience developing Virginia's Coastal Resilience Master Plan, it
will be critical that funded infrastructure and other port development
activities consider and include projected climate impacts in their
design and implementation, appropriate to the threats of that specific
location, so that Federal dollars build infrastructure support that
prepares for and builds long term resilience to anticipated future
climate conditions. This will be the most effective use of this
generational opportunity to improve our maritime systems and port
infrastructure, and to ensure that the funding equitably serves all
Americans, in communities of all sizes. Should I have the honor to be
confirmed, I look forward to continuing MARAD's work to implement the
additional authorities for the PIDP Program.
U.S. Merchant Marine Academy. Despite the importance of the U.S.
Merchant Marine Academy (``USMMA'') to our maritime workforce, the
National Academy of Public Administration found in their November 2021
report entitled ``Organizational Assessment of the U.S. Merchant Marine
Academy: A Path Forward'' that the USMMA has ``lost its way.'' The
report found that the Academy lacks strategic vision, oversight, and
accountability, which are contributing to challenges including sexual
assault and harassment, difficulties maintaining accreditation,
persistent degradation of our facilities, and crumbling physical
infrastructure.
Question 1. Admiral, if confirmed, you will oversee the U.S.
Merchant Marine Academy. How will you draw on your 30 years of
experience as a leader in the U.S. Navy to address challenges
identified by the NAPA report?
Answer. Should I have the honor to be confirmed, I will draw from
my Navy experience as a leader, knowing that USMMA will need strong
leadership to address these challenges. My experience leading people at
sea and on shore, and during times of conflict, makes me well suited to
provide the vision and leadership needed for implementing change. I
will focus first on safety as the foundational priority for DOT and as
the ``North Star'' for the Maritime Administration. This includes
continuing the work already underway by DOT and MARAD to address and
eliminate sexual assault and sexual harassment in at the academy and in
the maritime industry. I will further focus on USMMA's infrastructure
challenges, continuing and building on work initiated to ensure a safe
learning and training environment, and developing a strategic, funded,
Capital Improvement Program to continue infrastructure improvements
long term, and finally--working closely with the USMMA Superintendent
and MARAD Staff--addressing staff and academic manpower needs, to
ensure a sustained successful educational experience for our Nation's
future maritime leaders.
Question 2. Specifically, the NAPA report found that the Academy
lacks strategic vision to address these challenges. What is your vision
for the Academy?
Answer. Independent reviews such as the NAPA report provide a
blueprint of near-term and long-term actions to improve organizational
function. It is my understanding that infrastructure deficiencies at
the USMMA are not new, and that there is, sadly, a long history of
neglect. The U.S. Merchant Marine Academy is a national gem, and must
be a priority, in order to provide the bright and talented young men
and women who attend the Academy with the best opportunities possible
to support their safe and inclusive learning and training environment.
My vision, if confirmed, is to build the path and lead actions to
achieve that environment. Further, if confirmed, I intend to continue
the efforts of MARAD and DOT to work closely with the USMMA
Superintendent and the USMMA staff to engineer transformational change
that will modernize the Academy's physical and human infrastructure.
Question 3. Lastly, the report found that the Academy lacks
staffing and leadership capacity to solve these problems. Will you
personally engage in these issues to restore the USMMA to meet its
mission?
Answer. If confirmed, I will work closely with the USMMA
Superintendent and the MARAD staff to continue the pace to restore the
USMMA's staffing capacity, so that it can effectively execute its
mission, educate and graduate leaders of exemplary character, and serve
the national security, marine transportation and economic needs of the
United States.
Sexual Assault and Sexual Harassment in the Maritime Industry. This
year, brave USMMA midshipmen came forward to speak about appalling
instances of sexual assault and sexual harassment at the USMMA campus
and during their Sea Year. Others in the maritime industry have
publicly come forward to add that sexual assault and harassment is not
just restricted to the USMMA but is reflective of the industry as a
whole.
During the October 2021 oversight hearing, U.S. Coast Guard
Commandant Karl L. Schultz noted that in the last 10 years, the U.S.
Coast Guard has had five cases related to sexual assault in the
maritime industry and more needs to be done to encourage reporting.
MARAD cannot solve these problems alone and will need to build strong
relationships with other Federal agencies and with the maritime
industry.
Question 1. Drawing on your years as a leader in the U.S. Navy,
what do you believe needs to happen to change the culture at the USMMA
and in the maritime industry so there is confidence in reporting and
more prosecutions to convict perpetrators?
Answer. We must first build a culture of prevention, respect, and
zero tolerance for perpetrators of harassment, intimidation and
violence. But having a zero tolerance policy is not enough--from my
experience in the U.S. Navy, the key and the challenge to build
confidence in reporting is to ensure trust in a responsive, respectful,
and supportive system and chain of command, free of retribution, and to
provide the full range of medical, legal, psychological and other
identified support for victims, with swift and sure action to
investigate and hold perpetrators accountable. My understanding is that
MARAD has begun to build this process with the EMBARC program, which
replaces the previous SCCT process, instituted in 2016. There is no
place in the maritime profession for a culture that allows predators to
operate unchecked on our seaways. Should I have the honor to be
confirmed, I am committed to creating a community that fosters mutual
respect, support, and accountability.
Question 2. How will you work with the maritime industry and the
Coast Guard to address sexual harassment and assault at sea?
Answer. Recognizing that the Coast Guard both regulates the
maritime industry and provides law enforcement services at sea, if I am
confirmed, I look forward to working closely with all stakeholders to
establish a culture and climate that ensures prevention and respect,
supports survivors, and punishes and removes perpetrators from seagoing
vessels, whether they are operated by the U.S. government or the
maritime industry.
______
Response to Written Questions Submitted by Hon. Richard Blumenthal to
Rear Admiral Ann Phillips
Jones Act-Evading Time Charters. The U.S. Maritime Administration
(MARAD) has failed to be transparent in reviewing time charter
requests, effectively permitting non-U.S. citizens operational control
of Jones Act-qualified, U.S.-flagged vessels (prohibited under law).
Section 3502(b) of the Fiscal Year (FY) 2021 National Defense
Authorization Act (NDAA) requires MARAD to post online detailed
information about each request for a vessel charter under the general
approval of time charters and, after an opportunity for public comment,
the final action on the request retroactively from FY 20. To date,
MARAD has posted one charter on its website, which the public comments
resoundingly denounced as insufficient in detail. MARAD has also not
yet posted the final action for that charter.
Question 1. When will MARAD fully comply with section 3502(b) of
the FY 21 NDAA?
Answer. Should I have the honor to be confirmed, I will work with
you to address these issues promptly and fulfill requirements under the
NDAA.
Question 2. What steps has MARAD taken to ensure future compliance
with section 3502(b), including to permit meaningful public comment on
time charter approval requests?
Answer. Should I have the honor to be confirmed, I will examine the
issues of concern with regards to MARAD's administration of these time
charter requests.
______
Response to Written Questions Submitted by Hon. Amy Klobuchar to
Rear Admiral Ann Phillips
Port of Duluth. The Port of Duluth is the largest and busiest port
on the Great Lakes with 800 vessel visits and an average of 35 million
short tons of cargo per year. As a result of rising construction costs,
Minnesota has deferred building a portion of the Twin Ports
Interchange--a project to replace aging infrastructure and better
accommodate freight access--until 2024.
Question 1. How do ports like this support rural communities?
Answer. Our Nation's ports represent an interconnected network for
the transportation of cargo, and rural communities are essential to
that network. The just-enacted Infrastructure Investment and Jobs Act
provides $2.25B in funding for the Port Infrastructure Development
Program, which supports both rural and urban communities. If confirmed
as Maritime Administrator, I will focus on delivering on MARAD's
mission to enable the safe, reliable, and efficient movement of cargoes
through financial assistance programs and by other means. Ports are
centers for good-paying jobs, support American industry and benefit
local and regional economies.
Question 2. What roles do smaller and inland ports play in
relieving some of the congestion from our coastal ports?
Answer. Smaller ports can be the relief valve for overburdened
larger ports and greater use of Marine Highways can relieve road
congestion. If confirmed, I will consider every option to address the
current supply chain disruptions, including ways MARAD may facilitate
the use of smaller and inland ports as part of the solution.
______
Response to Written Questions Submitted by Hon. Raphael Warnock to
Rear Admiral Ann Phillips
Port Development & Coastal Resilience. The Maritime Administration,
through programs like the Port Infrastructure Development Program,
plays a key role in supporting the economic development and viability
of coastal communities in Georgia like Savannah and Brunswick--home to
our two major deepwater ports. Savannah experiences some level of
flooding approximately 10 times a year--up from an average of 5 times a
year when I was a kid. The frequency of coastal flooding in Savannah is
expected to dramatically increase, potentially up to 100 annual
flooding events by 2045, if sea levels rise by just one foot.
Furthermore, the communities that surround our Nation's freight
shipping facilities and transportation corridors, like those around
ports and intermodal connections, are subjected to higher levels of air
pollution.
Question 1. If confirmed, will you commit to consider the needs of
coastal communities, particularly low-income communities and
communities of color, who are often the most impacted by climate change
and pollution, as you work to build strengthen our port infrastructure
and prevent future supply chain disruptions?
Answer. If confirmed, I will work to strengthen coastal ports and
communities as we take a whole of government approach to ensuring
fairness in our decision making processes and work to redress
inequities in our policies and programs. By advancing equity across the
Federal Government, we can create opportunities for communities that
have been historically underserved. I note also that the expanded
eligibilities in the Port Infrastructure Development (PIDP) Grant
Program under the Bipartisan Infrastructure Law will enable funding to
be awarded to projects that reduce or eliminate port-related criteria
pollutant or greenhouse gas emissions, including projects for port
electrification or electrification master planning, harbor craft or
equipment replacements/retrofits, and the development of port or
terminal micro-grids, among other projects. If I have the honor of
being confirmed, I will work to ensure that the PIDP program is
implemented in a manner consistent with these expanded eligibilities,
which will enable the grants to help address the effects of port
operations on surrounding communities--which are too often
disadvantaged communities, including communities of color.
Question 2. What actions do you believe are needed to protect ports
and coastal communities from Savannah to St. Marys, and to improve both
coastal resiliency and economic resiliency in the face of climate
change?
Answer. Coastal ports and communities are particularly vulnerable
to rising sea level impacts. Should I have the honor of being
confirmed, I look forward to identifying options to address resiliency
throughout the Nation's supply chain, including through MARAD's
financial assistance programs.
______
Response to Written Questions Submitted by Hon. Roger Wicker to
Rear Admiral Ann Phillips
Question 1. The National Academy of Public Administration recently
released a report showing that the U.S. Merchant Marine Academy has
been under-resourced for far too long. Admiral Phillips, as the
Maritime Administrator, you will have the primary responsibility for
ensuring that the U.S. Merchant Marine Academy has the resources it
needs to support a first class maritime education for the midshipmen
who support the U.S. Strategic Sealift. Will you commit to working with
me to ensure that the academy gets the resources and support it needs?
Answer. Should I have the honor to be confirmed, I look forward to
working with you to ensure the Academy gets the resources and support
it needs.
Question 2. Our Midshipmen are the best and the brightest, and I
want to work with you to support them. Recently, MARAD declined to work
with my office on my Improving Protections for Midshipmen Act, which
would improve the Academy's ability to prevent and respond to the
issues of sexual assault and harassment. I am deeply disappointed by
this action, particularly because it is a sharp departure from the
strong, collaborative relationship my office has previously enjoyed
with MARAD. Will you commit to working with me and my office, including
by providing timely responses to our questions and requests for
technical drafting assistance?
Answer. Should I have the honor of being confirmed, I will work
collaboratively with the Committee, including on requested appearances
before the Committee, and I will provide timely responses to requests
for information.
Question 3. Sea Year is an essential part of the education at the
Merchant Marine Academy. In response to the Administration's Sea Year
pause, the students at the Academy said, ``we love USMMA, feel
privileged to be here and that spending a year at sea training on
commercial and military ships has made us fully prepared to serve the
United States as officers in the merchant marine and military
service.'' I have inserted the Midshipmen's letter into the record. My
Improving Protections for Midshipmen Act makes changes that will ensure
Sea Year can remain a part of the curriculum for students. I strongly
support the Administration's plan to restart Sea Year by December 22.
Will you work with me to get students back to sea safely and quickly?
Answer. It is my understanding that the Maritime Administration
recently provided Congress with its plan to get the students back to
sea safely and quickly. Should I have the honor to be confirmed, I look
forward to working with you to ensure a safe and inclusive learning
environment at the U.S. Merchant Marine Academy and on vessels where
Cadets train.
Question 4. The Center for Strategic and International Studies has
raised serious concerns over China's control of the world shipping
fleet. China controls over one-third of ships in the global fleet,
while the U.S. controls just 0.4 percent. As the Maritime
Administrator, your job will be to ensure that we have an adequate
merchant marine to safeguard our economic and strategic security. What
actions will you take to grow the size of our maritime fleet and to
increase the number of mariners in the U.S. Merchant Marine?
Answer. It is my understanding that MARAD maintains the organic
sealift fleet according to requirements established by the Navy. Key
programs supporting our commercial sealift today are the Cargo
Preference program and the Maritime Security Program. New initiatives
such as the Cable Security Fleet program and the recently authorized
Tanker Security Program will also grow our commercial sealift capacity,
support our economic and strategic security, and increase the number of
jobs available to U.S. mariners. Should I have the honor of being
confirmed, I will look to work with Congress and other stakeholders to
identify and implement the best opportunities to grow the fleet,
consistent with statutory authorities and appropriated funding.
Question 5. One of the oldest marine highways, the Mississippi
River, is a vital transportation hub for goods across the Nation. Can
you speak about the importance of America's marine highways and how you
plan to support further use of marine highways to facilitate maritime
transportation?
Answer. America's waterways are underused as cargo transport
routes, and the benefits of using our marine waterways are significant.
Such benefits include reducing road congestion and highway system wear
and tear, providing shippers cost-effective alternatives for moving
freight, and the potential to reduce pollution. Using our waterways
more consistently would broaden public benefits and incentivize
shippers to use these critical and available transportation routes. As
you know, there is more investment opportunity as additional funding
has been appropriated for the program, particularly in the recently
passed Bipartisan Infrastructure Law. Should I have the honor of being
confirmed, I look forward to using these additional resources to
strengthen the Marine Highway Program.
Question 6. What will you do to ensure that all cargo preference
waivers are transparent and subject to both MARAD approval and public
scrutiny, consistent with the President's recent Buy American Executive
Order?
Answer. It is my understanding that MARAD does not issue waivers of
the cargo preference laws. That authority rests with the President, the
Secretary of Defense, and Congress. In practice, the agency responsible
for the movement of goods seeks MARAD's input on the availably of
suitable U.S. vessels to meet its transportation requirements and MARAD
concurs or non-concurs with that agency's determination of
availability. If confirmed, I will work to ensure transparency in
MARAD's determinative process.
______
Response to Written Questions Submitted by Hon. Mike Lee to
Rear Admiral Ann Phillips
Question 1. If confirmed, what will be your key priorities?
Answer. Should I have the honor to be confirmed, my priorities,
consistent with my testimony, would be:
First, promoting a strong U.S. Merchant Marine, continuing the
recapitalization of the strategic sealift fleet, and building support
for a competitive, safe, and modern maritime industry, capable of
meeting strategic sealift support requirements and prepared to succeed
in a contested environment. This includes addressing the many
challenges at the U.S. Merchant Marine Academy, including implementing
measures to support a safe and inclusive learning and training
environment--both on campus and at sea.
In addition, advancing the ongoing effort to address the Academy's
many infrastructure challenges, strengthening MARAD's oversight of the
Academy--supporting effective governance, and tackling the many other
issues enumerated in the recently released National Academy of Public
Administration study.
Finally, to support effective and speedy implementation of the
grant programs authorized under the Bipartisan Infrastructure Law,
including those that will support our supply chains and ensure our
investments in maritime infrastructure are resilient.
Question 2. In your hearing, you stated that even if Deepwater Port
Applications were to meet ``statutory requirements'' there is no
guarantee that you would approve them. Instead, you asserted that they
would be subject to a ``fair and equitable review.'' Can you define
what ``fair and equitable review'' means? What other considerations
will your review entail aside from statutory requirements? How will
your own views on energy policy affect your decision making surrounding
such licenses?
Answer. By ``fair and equitable review'' I mean that, if I am
confirmed I will evaluate, in an unbiased and objective manner, the
merits of each deepwater port license application based upon the nine
decision criteria set forth in the Deepwater Port Act of 1974. MARAD's
evaluation process does and will continue to include a comprehensive
and robust technical, environmental, and financial analyses of all
aspects of the proposed deepwater port project; and will rely upon the
expert guidance and considerations of the cooperating Federal, State,
and local partners, including the expressed concerns of the Governors
of the Adjacent Coastal State consistent with law. My understanding is
that the statutorily required process allows for input from citizens of
the affected communities. I have no pre-decisional opinion on any
project.
Question 3. What is your view on the use of technology to automate
our Nation's ports? Has the lack of its adoption at U.S. ports had any
effects on costs and efficiency? Should U.S. ports have the option to
automate their ports and accept automated ships?
Answer. It is my understanding that the Maritime Administration
(MARAD) and DOT's other operating administrations have collaborated in
recent years to address the impacts of new technologies on maritime
ports. Should I have the honor of being confirmed, I look forward to
working with you on the implementation of new technology in the
maritime sector in ways that improve the throughput of goods,
strengthen safety, and ensure employment opportunities for our Nation's
maritime workforce.
Question 4. The cost of U.S. domestic shipbuilding is
astronomically high compared to other countries. Based on MARAD data,
the Congressional Research Service has noted that U.S. built coastal
size container ships are six to eight times greater than the cost of a
similar ship of similar size in a foreign shipyard. In your view, why
is the cost of U.S. domestic shipbuilding higher than comparative costs
in foreign shipyards? The Congressional Research Service noted that one
reason for the higher domestic shipbuilding costs is related ``to the
absence of foreign competition and the lack of economies of scale.''
Does the Jones Act, which forecloses foreign competition, contribute to
the astronomical costs of U.S. shipbuilding? And if not, then how do
you explain this finding by the Congressional Research Service?
Answer. It is my understanding that the primary contributor to the
construction cost differential between U.S. built commercial vessels
and comparable vessels built in other nations is the heavy
subsidization of shipbuilding industries in the world's leading
shipbuilding countries. These subsidies have allowed some nations to
achieve economies of scale, effectively creating a barrier for other
nations to enter the global market without introducing heavy subsidies
of their own. In the case of China, one such estimate cites industry
subsidies as having ``reduced shipyard costs by 13-20 percent,
corresponding to 1.5 to 4.5 billion U.S. dollars, between 2006 and
2012.'' Accordingly, the Jones Act does not appear to be a significant
contributor to higher cost in U.S. shipbuilding when the full cost
(including state-funded construction and input subsidies) that leading
shipbuilding countries provide are considered. In fact, we should
advocate for parity with the leading shipbuilding countries in terms of
U.S. support for shipbuilding.
American shipyards produce some of most innovative ships; for
example, the first LNG-powered containerships in the world came from
U.S. shipyards. The National Security Multi-Mission Vessel (NSMV) is a
model for cost-effective shipbuilding by the Federal government using
commercial practices managed by a domestic shipbuilding operator. It is
well appreciated that American shipyard workers have a higher standard
of living than most of the world's shipyard workers and are paid for
their skills. These are good jobs for hard-working Americans.
Question 5. There are no Jones Act carriers for liquefied natural
gas (LNG) or propane. Places without pipelines like Massachusetts or
Puerto Rico have had to import LNG from Russia or Venezuela. Is
importing LNG from Russia or Venezuela a national security risk? We
don't have any Jones Act vessels that can do the job in this situation.
In the absence of building more pipelines (which I wholeheartedly
support) is it better to import LNG from Russia or is it better to
issue a Jones Act waiver so that we can procure energy products from
U.S. domestic sources?
Answer. If confirmed, I will discharge fairly MARAD's limited role
in evaluating domestic capacity when the Department of Homeland
Security is considering Jones Act waivers.
Question 6. I believe dredging our ports is a key infrastructure
project that must be prioritized.
1. How important is dredging at our Nation's ports for the economic
vitality of the United States?
2. Dredging can be expensive. In fact, the annual cost per cubic
yard of dredged material, adjusted for inflation, has
skyrocketed from $1.74 in 1970 to $5.77 in 2018--an increase of
232 percent. There are multiple reasons for the cost increase,
but the Government Accountability Office has noted that the
lack of competition for dredge ships is among them. Does the
Foreign Dredge Act of 1906 contribute to the lack of
competition identified by GAO? If not, what contributes to the
lack of competition?
3. Would you support creating exemptions to the Foreign Dredge Act,
including for the use of NATO affiliated dredge vessels, in
order to help meet the demand of our dredging projects? If not,
why not?
Answer. Dredging is a cornerstone of our Nation's maritime
infrastructure, ensuring channel depths and widths can accommodate
vessels delivering critical goods through our supply chain. Dredging is
an important aspect of maintaining the viability and competitive nature
of our seaports. I appreciate that there are many factors that impact
the cost of dredging to include the size and scope of projects,
placement of dredged materials, and the availability of dredge
equipment.
It is my understanding that MARAD has seen increased interest in
availability of financial assistance programs that would support
building additional dredge vessels in the United States as a result of
increased funding to the Army Corps of Engineers. If confirmed, I would
defer to the U.S. Army Corps of Engineers on issues related to
competition on dredging contracts. I would stand ready to work with
Congress, the Administration and Federal agency partners to support our
Nation's maritime infrastructure.
______
Response to Written Questions Submitted by Hon. Rick Scott to
Rear Admiral Ann Phillips
Question 1. How would you use your position to solve the current
port congestion and supply chain crisis?
Answer. Should I have the honor to be confirmed, I look forward to
working closely with Port Envoy John Porcari, and the President's
Supply Chain Disruption Task Force. I understand that Port Envoy
Porcari and the Task Force have been making significant progress to
identify near-term opportunities and measures to address port
congestion and facilitating coordination among port stakeholders on
these actions.
It is my understanding that the Administration is implementing
funding flexibility for creative solutions to current supply chain
disruptions by allowing for flexibility in port grants. Also, the
Department of Transportation recently announced the award of over $250
million in grants from the FY2021 Port Infrastructure Development
Program (PIDP) and Marine Highway program, and the Bipartisan
Infrastructure Law will authorize MARAD to open competition for a new
round of port infrastructure grants in early 2022.
If confirmed, I will continue to urge MARAD to be flexible within
the authorities provided in statute in administering these programs in
order to address our Nation's urgent needs.
Question 2. The Biden Administration has indicated that combatting
climate change, as well as many aspects of the Green New Deal, will be
a focus across several sectors. How do you plan on addressing this
issue within MARAD? What impact do you believe your policies will have
on the private sector and small businesses?
Answer. Currently, MARAD supports several programs that contain
components that address criteria pollutant and greenhouse gas emissions
reductions. Since 2010, MARAD has supported the Maritime Environmental
and Technical Assistance (META) program. META partners with other
government agencies, industry, and academia to address major maritime
environmental challenges, one of those challenges being sector
greenhouse gas emission reductions. For many years, META has focused on
research, technology innovation, and demonstration of alternative fuels
and technologies that reduce greenhouse gas emissions from ships as
well as port activities.
I note also that the expanded eligibilities in the Port
Infrastructure Development (PIDP) Grant Program under the Bipartisan
Infrastructure Law will enable funding to be awarded to projects that
reduce or eliminate port-related criteria pollutant or greenhouse gas
emissions, including projects for port electrification or
electrification master planning, harbor craft or equipment
replacements/retrofits, and the development of port or terminal micro-
grids, among other projects.
These investments respond to emerging needs and demand from the
maritime community to electrify terminal operations, reduce criteria
pollutants, and modernize port infrastructure. These efforts to build
cleaner and more resilient infrastructure will help the private sector,
supply chains and small businesses across our maritime industry
implement cutting-edge technology, remain globally competitive, and
improve efficiency at our ports.
If I have the honor of being confirmed, I will work to ensure that
the PIDP and other programs are implemented in a manner consistent with
these expanded eligibilities.
Question 3. Do you promise to fully follow and administer all
Federal laws under your jurisdiction?
Answer. Should I have the honor to be confirmed, I promise to fully
follow and administer all Federal laws under my jurisdiction.
______
Response to Written Question Submitted by Hon. Maria Cantwell to
Dr. Steven Cliff
Question. Dr. Cliff, if confirmed, will you pledge to work
collaboratively with this Committee, provide thorough and timely
responses to our requests for information as we put together and
address important policy issues, and appear before the Committee when
requested?
Answer. Yes, if confirmed, I will work collaboratively with the
Committee, provide thorough and timely responses to your requests, and
appear before the Committee if asked.
Safe Streets and Roads for All. NHTSA estimates that 38,680 people
died in motor vehicle traffic crashes in 2020. This would be the
highest number of fatalities since 2007, despite the fact that
Americans drove less in 2020 due to the pandemic.
The Infrastructure Investment and Jobs Act provides $5 billion for
a new Safe Streets and Roads for All Program that will provide funding
for local communities and tribes to develop and carry out
comprehensive, data-driven safety plans to prevent death and injury on
roads and streets. These funds will help cities like Seattle and
Bellevue implement existing vision zero plans, and will allow countless
other communities to develop comprehensive plans with the goal of
eliminating all traffic fatalities.
Question 1. What kind of work does NHTSA do with vision zero
communities to incorporate best practices from its Countermeasures that
Work guide?
Answer. NHTSA works with Vision Zero communities to provide
information about proven countermeasures, both from our Countermeasures
that Work guide and from innovative practices, such as those developed
in the Road to Zero program. NHTSA also conducts demonstration projects
that allow us to evaluate local and State innovative practices and
countermeasures. NHTSA shares the results of its demonstration projects
publicly. The process helps develop safety countermeasures and provides
support for best traffic safety practices. NHTSA's Regional Offices
also work directly with States to help tailor their safety plans to
address the most pressing traffic safety problems, using a data-
oriented process. The work also involves overseeing State programs to
ensure that at least 40 percent of their funds benefit the safety
programs of local communities throughout the State.
Question 2. What kind of outreach do you anticipate DOT will do to
communities that have little experience with vision zero safety plans?
Answer. NHTSA will use an array of techniques to help communities
with little experience with Vision Zero safety plans, such as
facilitating information exchanges between experienced and less
experienced communities, providing information about successful
programs and countermeasures, and helping to evaluate best traffic
safety practices. NHTSA will also support webinars and use its time at
regular conferences, including the annual Lifesavers National
Conference on Highway Safety Priorities, to encourage the
implementation of a Safe System Approach that addresses the needs of
local communities. Finally, NHTSA will work with the State Highway
Safety Offices and partner agencies such as the Federal Highway
Administration to provide information and technical assistance to
support working with Vision Zero communities.
Electric Vehicles. According to a 2020 Consumer Reports survey, 7
out of 10 American drivers are interested in purchasing an electric
vehicle. Federal and state governments have taken action to support
broader electric vehicle adoption, given the benefits that electric
vehicles can provide to our environment, our health, and our economy.
For example, the Washington state legislature has set an ambitious
target of requiring all new cars sold in 2030 to be zero-emission
vehicles.
The Bipartisan Infrastructure Law required the Departments of
Transportation and Energy to create a working group to coordinate the
integration of electric vehicles into our transportation network.
Earlier this month, the Biden Administration began implementing this
Commerce Committee-directed provision by creating a Joint Office of
Energy and Transportation and creating a new Advisory Committee on
Electric Vehicles, focused on deploying electric vehicle infrastructure
and coordinating Federal electric vehicle efforts.
Question 1. As we look to accelerate the adoption of electric
vehicles across the country, what is NHTSA doing to ensure the safety
of electric vehicles?
Answer. Battery Electric Vehicles (BEVs) are subject to the same
Federal Motor Vehicle Safety Standards as internal combustion vehicles.
Due to the small sample size of full BEVs operated on U.S. roadways,
there is limited reliable data to compare BEVs to internal combustion
engine vehicles. NHTSA continues to monitor its data systems and
conducts special crash investigations of electric vehicle fire
incidences to better understand the circumstances and consequences of
vehicle fires.
NHTSA is working on a proposal to add safety requirements in
Federal standards for electric vehicle propulsion batteries. The
proposal includes requirements to mitigate battery fires during normal
vehicle operation, charging, and post-crash. Further, BIL provides
increased funding for vehicle safety research, and NHTSA intends to
conduct additional research on high-voltage battery safety, including
expanded research into battery prognostics and diagnostics systems that
can detect issues before fires begin. At the same time, NHTSA is
working closely with industry, EMS groups, and other government
agencies to enhance battery safety during a crash and develop best
practices for emergency responders. NHTSA is closely monitoring reports
of potential defects and will not hesitate to pursue recalls where
merited.
Question 2. How will the Joint Office and Advisory Committee
support NHTSA's research, oversight, and enforcement activities related
to electric vehicles?
Answer. NHTSA is working with our colleagues in the Department on
the implementation of the Joint Office and Advisory Committee. As these
groups take shape, NHTSA will be working with them to make sure the
agency benefits from their activities and that we can leverage what
they are doing to support our own research and enforcement activities.
Modernizing CAFE Standards. Washington State is disproportionately
impacted by transportation emissions, which account for over 46 percent
of total greenhouse gas emissions in the state. Thankfully, the Biden
Administration has proposed updated CAFE standards to increase fuel
efficiency and economy, helping to counter the climate crisis, improve
public health, and ensuring consumers benefit from billions in fuel
savings.
Updating the CAFE standards is one important step in the right
direction, however more could be done to improve fuel efficiency and
reduce fuel costs for American drivers. Right now, CAFE compliance is
tested in a lab using procedures developed in 1975 that no longer align
with consumers' driving behaviors. The result is a growing difference
between a vehicle's actual fuel economy performance on the road and the
numbers on the vehicle's window sticker at the dealership.
Question 1. How does continued use of test procedures from 1975 to
determine compliance with fuel economy standards impact consumers and
the technologies employed by manufacturers to improve fuel efficiency?
Answer. The current CAFE compliance test procedures established in
1975, consist of two test cycles, referred to as the city and highway
cycles and more commonly as ``two-cycle'' testing. For model year 2008,
the Environmental Protection Agency introduced revised test procedures
to provide more accurate, real-world fuel economy values to better
represent real-world performance. The revised procedures include three
additional test cycles, and the five cycle test is proving to be more
accurate. For MY 2013, EPA and DOT jointly updated the fuel economy
label to accommodate both statutory provisions in Energy Independence
and Security Act and the impending introduction of all electric and
plug-in hybrid electric vehicles to the marketplace, which required
additional, technology-specific procedures related to their all-
electric operation.
Generally, the five-cycle test procedure has proven to provide
representative real-world fuel economy values for the fuel economy
label based on confirmation by independent organizations, and the lack
of need for substantive revisions to the procedures since their
introduction in 2007.
Question 2. What opportunities could greater use of technologies
that provide data on real-world fuel economy offer NHTSA in setting and
overseeing compliance with fuel economy standards?
Answer. The CAFE program is centered on prescribed test procedures
to provide repeatable, verifiable results on new, unsold vehicles prior
to their in-use operation. Real-world data provided by third parties
can be difficult to reproduce in situations where the agency needs data
based on controlled, repeatable environments. This is important as
standard setting and compliance can result in significant impacts such
as penalty assessments and legal judgments. Nevertheless, real world
data may have potential for uses outside of government regulation and
may be useful to both consumers and vehicle manufacturers.
Question 3. What changes are needed to improve and modernize the
CAFE program to meet the challenge of climate change?
Answer. NHTSA is evaluating comments to our recent MY2024-26 CAFE
proposal to determine whether statutory changes are necessary. We will
also be evaluating post MY2026 regulatory changes following the
completion of the MY2024-26 rule.
______
Response to Written Questions Submitted by Hon. Richard Blumenthal to
Dr. Steven Cliff
Mandatory regulation of autonomous vehicles. The National Highway
Traffic Safety Administration (NHTSA) has long eschewed mandatory
regulations in favor of unenforceable guidelines for autonomous
vehicles, like the voluntary reporting of information under the AV TEST
Initiative. While I appreciate your commitment to making public the
crash data reported under this summer's Standing General Order, the
order simply does not go far enough. Moreover, while NHTSA waits to
act, companies like Tesla are actively implementing technologies that
are not proven to be safe, as evidenced by NHTSA's investigation into
Tesla's Autopilot feature.
Question 1. When does NHTSA plan to finalize a rulemaking and
implement meaningful, enforceable safety standards for autonomous
vehicles?
Answer. NHTSA is committed to using all of its means to ensure the
safety of autonomous vehicles. In the future, this may mean additional
regulations. However, the lack of regulations presently does not mean
that oversight is lacking and meaningful enforcement is not underway.
As all manufactures are already obliged under the Motor Vehicle Safety
Act (Chapter 301 of Title 49, U.S. Code) to achieve safety standards
that protect the public from unreasonable risk, NHTSA can fully
investigate autonomous vehicles and bring enforcement actions when
necessary. The agency has a number of investigations of automated
technology underway and will use the full range of its authority to
ensure that vehicles on the road do not present an unreasonable risk to
safety.
Question 2. When will NHTSA make public the data it received under
the Standing General Order? How will it do so?
Answer. NHTSA plans to make the public information received under
the Standing General Order available on its website in early 2022.
Question 3. What specific steps is NHTSA currently taking to ensure
autonomous vehicles are safe for all people on the road?
Answer. Automated Driving Systems (ADS) offer the potential of
significant safety enhancement opportunities for all people on the road
at their maturity. As these systems are being developed and tested,
they are still going through rapid changes, and NHTSA is evaluating the
development of these technologies closely. NHTSA has a broad array of
tools, including research, rulemaking, investigations, and enforcement,
and will use these tools as necessary to ensure safety for occupants
and other road users that share the transportation system. For example,
NHTSA's Standing General Order provides timely incident information
reporting to support the agency's safety oversight mission. In
addition, the agency is using its investigative and enforcement
authority to ensure that ADS and ADAS systems do not pose an
unreasonable risk to safety, are not subject to foreseeable misuse and
do not violate FMVSS. In addition, NHTSA is proactively researching how
safety can be measured and assessed objectively and practically for
future mature ADS. NHTSA is also researching occupant protection, crash
prevention, including vulnerable road user safety, and crash
compatibility aspects of ADS-equipped vehicles.
Question 4. You said that NHTSA's investigations into Tesla should
hopefully be completed ``soon'' and would guide the next steps in the
investigation. Please provide more information about the status of
NHTSA's investigation, including a more precise timeline for future
action.
Answer. The Tesla investigation involves the gathering of
information from both the subject of the investigation and peer
manufacturers and testing and evaluating those data. The process
requires a thorough evaluation of all the information collected so that
next steps can be determined. NHTSA understands the intense interest in
the investigation, and it remains a high priority. Every effort will be
made to complete the investigation in an efficient manner while doing
so in a way that is thorough, fair and accurate.
Vehicle seat back standards. Front seat back failures during
crashes can have devastating consequences for rear passengers and are
entirely preventable. Senator Markey and I have introduced legislation,
S.1413, the Modernizing Seat Back Safety Act, to require NHTSA to
update seat back safety standards. The Infrastructure Investment and
Jobs Act included language requiring DOT to issue an advanced notice of
proposed rulemaking (ANPRM) about vehicle seat back standards within
two years, but did not include a requirement for a long-overdue final
rule.
Question. If confirmed, do you commit to expeditiously issuing an
ANPRM and subsequently a final rule to update seat back safety
standards?
Answer. If confirmed, I am committed to implementing the provisions
of the Bipartisan Infrastructure Law (BIL) as expeditiously as
possible, including the issuance of an ANPRM to update the seat back
safety standard. As directed in BIL, NHTSA will proceed to issue a
final rule if such an action is consistent with the considerations of
Motor Vehicle Safety Act.
Timeline for knee bolster air bag rulemaking. In order to
accommodate installation of hand controls for individuals with
disabilities in automobiles, rental car companies often need to disable
knee bolster air bags. Currently, only dealers and repair businesses
are granted exemptions that allow for disabling air bags or other
safety features. NHTSA's rulemaking to extend this exemption to rental
car companies is still pending. In the meantime, the percentage of
rental car stock that is--or could be--made available to individuals
with disabilities is shrinking, limiting mobility options.
Question. When does NHTSA plan to issue a final rule?
Answer. This is a top priority for NHTSA and we are planning to
finalize this important rulemaking before March 2022, consistent with
our planned projections in the 2021 Fall Unified Agenda.
______
Response to Written Questions Submitted by Hon. Edward Markey to
Dr. Steven Cliff
Autonomous Vehicle Technology. Autonomous vehicles (AVs) have the
potential to reduce roadway crash fatalities and injuries, help lessen
traffic congestion and vehicle emissions, and promote greater
accessibility. However, the benefits of this technology can only be
achieved if AVs are deployed correctly. Specifically, AVs must be
subject to comprehensive and strong Federal standards that will ensure
the technology is safe and saves lives.
Question. If confirmed, what will you do to ensure the safety of AV
technology for both car occupants and those sharing the road with self-
driving vehicles?
Answer. If confirmed, I am eager to work with you and your
colleagues in Congress to ensure that the Federal government is leading
the way on safe autonomous vehicle operations nationwide. NHTSA will
continue to make use of its full range of tools to effectively
administer our safety oversight role. Among the activities, NHTSA will
gather timely information from roadway incidents, use the full range of
our investigatory and enforcement powers to support safety, use
scientific findings from targeted research activities, and leverage our
collaboration partners' collective knowledge to prioritize safety for
the occupants and other road users that share the transportation system
around an AV, including when they are being tested and developed on
public roads, and when they are deployed.
Crash Avoidance Technologies. Collision avoidance systems for motor
vehicles include automatic emergency braking (AEB), lane departure
warning (LDW), blind spot detection, rear AEB, and rear cross-traffic
alerts. These technologies can help prevent and lessen the severity of
crashes, as well as help to reduce our Nation's unacceptable motor
vehicle crash death and injury toll. That is why Section 24208 of the
Infrastructure Investment and Jobs Act requires the Department of
Transportation to issue rules requiring Forward Collision Warning
(FCW), AEB, LDW, and Lane Keeping Assistance (LKA) for all cars.
Question. If confirmed, will you commit to promptly issuing these
rules and ensuring these technologies can properly detect and respond
to vulnerable road users such as pedestrians and bicyclists?
Answer. If confirmed, I am committed to expeditiously implementing
the provisions in the Bipartisan Infrastructure Law, including rules
requiring Forward Collision Warning (FCW), AEB, LDW, and Lane Keeping
Assistance (LKA) for passenger vehicles.
______
Response to Written Questions Submitted by Hon. Gary Peters to
Dr. Steven Cliff
Autonomous Vehicles. The Fall 2021 Unified Agenda of Regulatory and
Deregulatory Actions stated that NHTSA may incorporate a pilot program
regarding autonomous vehicle testing into a rulemaking titled
``Expansion of Temporary Exemption Program to Domestic Manufacturers
for Research, Demonstrations, and Other Purposes.'' The pilot program
was the subject of a separate regulatory proposal aimed at obtaining
real-world data that could inform regulatory and legislative efforts to
foster the safe development and deployment of autonomous vehicles, but
which NHTSA has announced is being withdrawn.
Question. How might NHTSA advance the pilot program or its goals
through the rulemaking identified above? What is the timeline for
implementing these actions?
Answer. NHTSA is planning to publish a notice of proposed
rulemaking by April 2022, consistent with our planned projections in
the 2021 Fall Unified Agenda. The rulemaking would propose to expand a
temporary exemption program to allow domestic manufacturers to
research, test, and evaluate vehicles on public roads. If adopted, the
rulemaking could help domestic manufacturers to test vehicles equipped
with Automated Driving Systems and provide the agency with additional
information about the safety of automated vehicles.
International Standards. The promotion of U.S. auto standards can
be a critical tool in strengthening safety around the world, while also
helping the U.S. auto industry and American autoworkers grow domestic
vehicle manufacturing and exports to developing markets overseas. NHTSA
can play a crucial role in this effort, which will be increasingly
important to supporting the Nation's technological leadership with
respect to autonomous vehicles.
Question. If confirmed, would you work to advance and prioritize
NHTSA's international work, most notably the work conducted through
global auto safety regulatory forums?
Answer. Yes. If confirmed, I will work to ensure that NHTSA
continues to promote Federal Motor Vehicle Safety Standards (FMVSS) and
U.S. traffic safety policies internationally. Such approaches continue
to be critical to strengthening safety around the world. NHTSA will
also remain an active participant in various international safety fora,
including the United Nations Economic Commission for Europe and the
Asia-Pacific Economic Cooperation Auto Dialogue.
Crash Tests. I authored legislation, the FAIR Crash Tests Act (S.
2007), which was cosponsored by Senator Fischer and became law as part
of the bipartisan infrastructure bill. The legislation directs GAO to
evaluate how NHTSA's deployment of crash test dummies in the New Car
Assessment Program, such as a failure to conduct tests with dummies
representative of women in the driver's seat, may contribute to women
being disproportionately more likely to be killed or injured in car
crashes.
Question. Will you ensure that NHTSA cooperates with GAO's efforts
to complete this study? What other actions will you consider taking to
address the concerns underlying the FAIR Crash Tests Act?
Answer. Yes, NHTSA will fully cooperate with GAO's efforts. NHTSA
has developed comprehensive research plans to address equity in
crashworthiness safety that include advances in crash test dummies and
human body modeling. For example, NHTSA has a series of programs
specially focused on female crash safety and efforts are underway
generally to consider occupants and vulnerable road users of all ages,
shapes, and sizes.
______
Response to Written Questions Submitted by Hon. Jacky Rosen to
Dr. Steven Cliff
Topic. Marijuana Impaired Driving Prevention
Question. Nevada is one of the growing number of states that have
legalized marijuana for both medicinal and recreational purposes. If
you are confirmed, what new efforts will the National Highway Traffic
Safety Administration (NHTSA) take to support programs in such states
to prevent marijuana-impaired driving?
Answer. NHTSA is accelerating research with academia and other
Federal partners on the effects of drugs on impaired driving, including
the development of drug-impaired screening and detection devices to
provide a powerful tool for identifying drug-impaired drivers. NHTSA's
research focus continues to be on understanding the complex role drugs
play in impairment. The Bipartisan Infrastructure Law provides
additional resources to State Highway Safety Offices to address drug-
impaired driving at the State and local levels.
NHTSA is also increasing its outreach and technical assistance to
help States and local agencies use our new Drug-Impaired Driving
Criminal Justice Evaluation Tool designed to allow agencies to assess
and strengthen their drug-impaired driving programs. Supplemental
funding in the Bipartisan Infrastructure Law will enhance NHTSA's work
to provide training, education, best practices and effective
countermeasures on drug-impaired driving for law enforcement,
prosecutors, judges, toxicologists and probation officers.
Topic. Differing Traffic Safety Needs for Each State
Question. Every state faces different traffic safety challenges and
cultures. How will you work effectively with states like Nevada to
address the unique needs of states, municipalities, and tribes?
Answer. NHTSA provides grants and technical assistance to States
and the Bureau of Indian Affairs, on behalf of Indian Tribes, to ensure
each State and interested Tribe can and does address its own unique set
of highway safety problems. NHTSA assists States in analyzing their
data, setting annual performance targets, and planning programs
designed to address specific highway safety problems a particular State
is experiencing. NHTSA is encouraging States to broaden their program
bases to ensure they are meeting the safety needs of high-risk and
under-served populations, as well as vulnerable road users, and that
they follow a Safe Systems Approach that allows them to optimize
program reach and effectiveness.
Topic. Nevada Rural Road Safety
Question. Nevada is home to many vibrant, rural communities,
stretching across hundreds of miles of deserts, mountains, and valleys.
A significant proportion of traffic deaths in our state occur on rural
roads crossing this terrain. If confirmed, what initiatives will you
undertake to address rural road safety?
Answer. If confirmed, NHTSA will continue to work closely with
States with significant rural areas to specifically address rural
safety issues, facilitate the sharing of best practices among rural
States, and continue to identify effective countermeasures that are
relevant and can be implemented in rural areas. NHTSA also plans to
continue a focus on demonstration programs that target rural
communities. This includes programs like ``high five'' that focuses on
educating drivers in five counties within a State with the lowest seat
belt rates. The success of the original program in Iowa that saw
increased seat belt use and decreased fatalities is now being
replicated in Arkansas and Kentucky. The supplemental funding contained
in the Bipartisan Infrastructure Law will provide significant
additional resources Nevada can use to address rural safety through
these kinds of programs.
NHTSA also works closely with EMS and 911 communities to assess
service and training needs for rural providers and to work toward an
improved system of coordinated response and emergency medical care
integral to reducing injury and mortality on rural roads. NHTSA
publishes rural/urban fact sheets, compilations of rural crash data,
geospatial summaries of crash fatalities, and research reports to
inform program and funding decisions at the state and local levels.
______
Response to Written Questions Submitted by Hon. Kyrsten Sinema to
Dr. Steven Cliff
Infrastructure Investment and Jobs Act Implementation. The
bipartisan Infrastructure Investment and Jobs Act (IIJA) included
updated safety requirements for new vehicles. The National Highway
Traffic Safety Administration (NHTSA) will develop at least eleven new
rules to implement these requirements. These rules will detail the
types of crash avoidance and drunk driving prevention technology that
must be installed in new vehicles. Importantly for Arizona and other
states with warm climates, the IIJA includes a directive that new
vehicles have an alert system to remind drivers to check their back
seats to ensure children and pets are not accidentally left in hot
cars.
Question. How will you work to ensure NHTSA will implement these
rules effectively and efficiently?
Answer. The Bipartisan Infrastructure Law (BIL) provides an
increase in NHTSA funding that is the largest investment in motor
vehicle and highway safety since the agency was created fifty years
ago. If confirmed, I will remain committed to using this significant
increase in resources to move forward expeditiously on a wide variety
of safety initiatives, including rulemaking efforts that are important
to protect the traveling public. One of the most tragic events
imaginable is the death of a child inadvertently left in a hot car--an
important concern you note for Arizona. I am especially committed to
addressing this, so that no family endures the pain of losing a child
in this manner in the future.
Multiple Substance Impaired Driving Act. The IIJA included
bipartisan legislation I cosponsored, the Multiple Substance Impaired
Driving Act, which authorizes NHTSA's National Priority Safety Program
to use program funding for drug toxicology tests and on impaired driver
training for local law enforcement agencies.
Question. How will this change provide greater flexibility to local
police and sheriff departments who receive funding from the National
Priority Safety Program? Do you anticipate any issues in carrying out
these new requirements?
Answer. The added authorities will provide States with greater
flexibilities to address the problems of drug-impaired driving,
broadening the available uses of Federal funding. The additional
flexibilities will allow States and local jurisdictions to increase
drug testing and ensure that local law enforcement has the needed
training to identify drug-impaired drivers. NHTSA has already begun the
process of discussing the changes in the Bipartisan Infrastructure Law
with States and their national organizations to make sure they are
aware of these added flexibilities, and we do not anticipate any issues
in carrying out these new requirements.
Autonomous Vehicles. Arizonans have become accustomed to seeing
autonomous vehicles (AV) on highways and neighborhood streets since
several AV companies began testing their vehicles in the state in the
mid-2010s. Though AVs have the potential to vastly improve vehicle
safety, it is important for current operators of AVs to remain aware of
their surroundings, since no vehicles currently on the road are
completely self-driving. As AV technology continues to improve, some
prefer that Congress act to establish clear rules of the road, while
others prefer that NHTSA undertake a rulemaking process to establish
clear AV standards.
Question 1. What are your thoughts on this issue?
Answer. NHTSA's current authorities equip it with a variety of
tools to ensure safety. Whether we engage in specific rulemaking
related to AVs, investigate individual incidents, or provide continued
guidance, NHTSA will work aggressively to ensure the safe performance
of AVs on the road and use its enforcement authority under the Motor
Vehicle Safety Act as necessary. NHTSA is continuing to evaluate and
monitor the development of these technologies and will carry out
research into their performance. To ensure safety in the AV arena,
NHTSA will make use of all of its tools, and that may include updating
previously released guidance or carrying out additional rulemaking
actions.
Question 2. If confirmed, what steps will you take at NHTSA to lay
the groundwork for future AV standards?
Answer. NHTSA is committed to ensuring the safety of AV
technologies available to the public while promoting innovation. To do
so, NHTSA will gather timely information from roadway incidents, use
the full range of our investigatory and enforcement powers, use
scientific findings from targeted research activities, and leverage our
collaboration partners' collective knowledge to prioritize safety for
occupants, vulnerable road users and all others that share the
transportation system with an AV, including during testing, development
and deployment. All of these activities will inform the agency on how
to consider adopting future standards.
Highway Safety Grants. NHTSA's Office of Regional Operations and
Program Delivery disperses highway safety grants to all 50 states and
U.S. territories. The IIJA included $1.1 billion over five years in
supplemental appropriations for NHTSA to provide grants to states to
operate programs that will improve driver behavior and safety.
Question. Are you confident that NHTSA has the technical
capabilities to operate this program? Will qualifying state and
territorial governments receive their grants in a timely manner?
Answer. NHTSA has a dedicated Regional Operations and Program
Delivery (ROPD) team in place to provide technical assistance,
training, and other support to States to operate programs to improve
driver behavior and safety. This assistance will take the form of in-
depth analysis of current State programs, identifications of short-
term, impactful strategies, and targeted technical assistance to assist
States in upgrading their programs to use the supplemental funding
available under the Bipartisan Infrastructure Law (BIL). NHTSA is
committed to ensuring that all qualifying jurisdictions receive their
grants in a timely manner. On December 15, 2021, NHTSA provided $260
million to States from the Highway Trust Fund and the supplemental
grant funding under BIL. NHTSA will provide additional funding to
States as Congress appropriates additional sums this year.
______
Response to Written Questions Submitted by Hon. Ben Ray Lujan to
Dr. Steven Cliff
Topic. Underride
During the hearing, I got the chance to share with you the story of
Riley Eric Hein, a 16-year-old from Albuquerque who died in an
underride crash in 2015. I shared this story with you not only to honor
Riley's memory, but also to bring awareness to the danger of underride
crashes.
These collisions are preventable, and with investment and research
in necessary technologies, we can save lives. I am so glad that
Congress and President Biden finally took action on this issue in the
recently passed Infrastructure Investment and Jobs Act, which would
require the Department of Transportation to do additional research on
side underride guards to understand and report on their effectiveness.
Question 1. Has the National Highway Traffic Safety Administration
(NHTSA) begun the research regarding underride guards, which is
required in this legislation? If not, when does NHTSA plan to begin
this vital project?
Answer. In accordance with the Bipartisan Infrastructure Law, NHTSA
has initiated the research regarding underride guards and will work to
complete the project as soon as possible.
Question 2. Do you commit to dedicating the necessary time and
resources to doing the research necessary to understand existing and
future technologies to prevent side underride crashes?
Answer. If confirmed, I will ensure that NHTSA will dedicate the
necessary time and resources to study this issue and to do the research
necessary to understand whether technologies will prevent side
underride crashes.
Question 3. What is the timeline for setting up the Advisory
Committee On Underride Protection that was also established in the
infrastructure bill?
Answer. NHTSA is actively working with our safety partners in the
Department to establish the Advisory Committee. There are several steps
required to be met before a first meeting is possible, but the goal is
to establish the committee expeditiously so that a meeting schedule can
be publicized in the Federal Register as soon as practicable.
______
Response to Written Questions Submitted by Hon. Raphael Warnock to
Dr. Steven Cliff
Interpretation Letters. As you are aware, the National Highway
Traffic Safety Administration (NHTSA) interprets relevant statutes and
the regulations that it promulgates. Because Federal statutes and
regulations are complex and open to interpretation, NHTSA provides a
service wherein it provides responses to questions from the public
about motor vehicles or motor vehicle equipment and how relevant
statutes and regulations may apply. These responses, or letters of
interpretation, are guidance documents that look at the facts presented
in the question and explains how the law applies given those facts.
These interpretation letters are an extremely helpful resource that
shows how the agency might answer similar questions or address similar
situations, aiding vehicle manufacturers, suppliers, safety
researchers, and members of the public that interact with NHTSA and may
be grappling with compliance questions. Unfortunately, it appears that
the NHTSA website is out of date and hasn't posted an interpretation
letters in about two years.
Question. Has NHTSA issued interpretation letters in the past two
years and what is the status of updating the website?
Answer. NHTSA continues to respond to members of the public who
submit requests for interpretation and has provided several
interpretation letters over the past two years. Moving forward, NHTSA
will provide updated website access that covers recent published
interpretations and take steps to improve overall public availability
of interpretations.
Question. If there are letters that have been issued, but not
posted publicly, what has caused the delays? And could the funding in
the Infrastructure Investment and Jobs Act help address any backlogs
related to interpretation letters or other regulatory work?
Answer. Letters of interpretation are delivered to the individual
requestor and saved to our website for viewing by the public. NHTSA
will use available resources, including from the Bipartisan
Infrastructure Law, to expedite the issuance of interpretations and to
make necessary improvements to the public-facing website, furthering
our efforts to make official interpretations more accessible.
______
Response to Written Questions Submitted by Hon. Edward Markey to
Dr. Steven Cliff
Autonomous Vehicle Technology. Autonomous vehicles (AVs) have the
potential to reduce roadway crash fatalities and injuries, help lessen
traffic congestion and vehicle emissions, and promote greater
accessibility. However, the benefits of this technology can only be
achieved if AVs are deployed correctly. Specifically, AVs must be
subject to comprehensive and strong Federal standards that will ensure
the technology is safe and saves lives.
Question. If confirmed, what will you do to ensure the safety of AV
technology for both car occupants and those sharing the road with self-
driving vehicles?
Answer. If confirmed, I am eager to work with you and your
colleagues in Congress to ensure that the Federal government is leading
the way on safe autonomous vehicle operations nationwide. NHTSA will
continue to make use of its full range of tools to effectively
administer our safety oversight role, including gathering timely
information from roadway incidents, using the full range of our
investigatory and enforcement powers to support safety, using
scientific findings from targeted research activities, and leveraging
our collaboration partners' collective knowledge to prioritize safety
for the occupants and other road users.
Crash Avoidance Technologies. Collision avoidance systems for motor
vehicles include automatic emergency braking (AEB), lane departure
warning (LDW), blind spot detection, rear AEB, and rear cross-traffic
alerts. These technologies can help prevent and lessen the severity of
crashes, as well as help to reduce our Nation's unacceptable motor
vehicle crash death and injury toll. That is why Section 24208 of the
Infrastructure Investment and Jobs Act requires the Department of
Transportation to issue rules requiring Forward Collision Warning
(FCW), AEB, LDW, and Lane Keeping Assistance (LKA) for all cars.
Question. If confirmed, will you commit to promptly issuing these
rules and ensuring these technologies can properly detect and respond
to vulnerable road users such as pedestrians and bicyclists?
Answer. If confirmed, I am committed to expeditiously implementing
the provisions in the Bipartisan Infrastructure Law, including rules
requiring Forward Collision Warning (FCW), AEB, LDW, and Lane Keeping
Assistance (LKA) for passenger vehicles.
Automatic Emergency Braking Systems on Commercial Motor Vehicles.
Section 23010 of the Infrastructure Investment and Jobs Act requires
the Department of Transportation to issue a rule mandating Automatic
Emergency Braking (AEB) on large trucks within two years of enactment.
Section 23010 of the Infrastructure Investment and Jobs Act also
requires the Department of Transportation to conduct research on
equipping smaller trucks with AEB within two years of enactment.
Equipping small, medium, and large trucks with AEB could result in
significant crash and fatality reductions, as well as make neighborhood
streets safer for pedestrians, bicyclists, children, older adults,
people in wheelchairs and other vulnerable road users.
Question. If confirmed, what specific steps will you take to ensure
that NHTSA meets these statutory deadlines, completes its research, and
requires that small, medium, and large trucks are equipped with AEB?
Answer. The Bipartisan Infrastructure Law (BIL) provides an
increase in NHTSA funding that will allow the agency to move forward on
several important rulemaking initiatives. If confirmed, I am committed
to expeditiously completing the research and rulemakings required in
the BIL. To deliver on the provisions of Section 23010, we have already
established a cross-functional rulemaking team for truck AEB, we are
putting together a research roadmap to support the rulemaking
decisions, and we will allocate the necessary resources within NHTSA to
carry out the requirements.
Whistleblowers. Congress passed the NHTSA whistleblower program in
December 2015, and gave NHTSA eighteen months to issue regulations for
implementation. However, more than four years after that deadline,
NHTSA has not fully launched this critical program. I am glad that
NHTSA has now publicly said it will propose regulations for the
whistleblower program by January 2022.
Question. If confirmed, will you commit to ensuring that NHTSA both
proposes and finalizes regulations for the whistleblower program as
soon as possible?
Answer. If confirmed, I am committed to expeditiously issuing a
proposed and final rule for NHTSA's whistleblower program. While the
regulations are in development, NHTSA continues to review and act on
information provided by whistleblowers.
______
Response to Written Questions Submitted by Hon. Roger Wicker to
Dr. Steven Cliff
Question 1. The Department of Transportation's Unified Regulatory
Agenda for Fall 2021 delays multiple rulemakings that could help
advance critical safety technology such as autonomous vehicles. These
include the Facilitating New Automated Driving System Vehicle Designs
for Crash Avoidance Technologies, the Framework for Automated Driving
Systems Safety (which remained unchanged), and the Occupant Protection
for Automated Driving Systems. Can you provide the Department's
reasoning for delaying these rulemakings?
Answer. NHTSA remains committed to the safe deployment of new
technologies and continues to closely evaluate these technologies as
they are being developed and tested. NHTSA is analyzing comments from
the crash avoidance rulemaking as it explores governance possibilities
beyond the current FMVSS framework. We are also working to finalize the
occupant protection rulemaking proposal in the near future.
Question 2. The actions the National Highway Traffic Safety
Administration (NHTSA) has taken this year, including the Standing
General Order and the letters to automakers, take a more punitive
approach to information collection than, for example, the advance
notice of proposed rulemaking in 2019. Does NHTSA plan to work
collaboratively with stakeholder experts to update Federal autonomous
vehicle policy? Additionally, how will the agency use the information
it collects from the Standing General Order and the responses to
NHTSA's letters, and will that information be made public?
NHTSA chose to advance the data collection by mandating a response
from the automakers rather than a rulemaking. Can you provide clarity
as to why you chose to forego the regular public notice and comment
actions?
Answer. NHTSA will continue to collaborate with all stakeholders to
continuously improve and update guidance on automated driving systems.
The Standing General Order (SGO) provides NHTSA with proactive access
to data on a regular basis so that potential safety issues are
identified early. The data will also further lines of inquiry and
research and inform policy development. NHTSA chose the SGO approach to
expedite access to this important safety data and to better fulfill its
obligation to ensure the safety of the traveling public. While the
agency typically uses rulemaking to address issues of more general
applicability, the SGO requests information in a more targeted way and
was issued pursuant to NHTSA's information gathering authority under
the Motor Vehicle Safety Act. The SGO also was carried out in
compliance with the Paperwork Reduction Act (PRA), which requires
public notice and comment. The agency is currently analyzing comments
it received from interested parties, including the regulated industry,
in response to its PRA publication in the Federal Register. Information
collected under the SGO and other responses will be made available to
the public, and NHTSA expects to do so in early 2022.
Question 3. In 2019, NHTSA began investigating, through an advance
notice of proposed rulemaking, the removal of regulatory barriers for
highly automated vehicles--in other words those operating at a level of
automation not currently available on U.S. roadways. How has NHTSA used
the information received as part of its solicitation for comments? What
regulatory barriers have been identified and addressed since 2019? What
regulatory barriers is the agency currently working to remove and when
can they be expected? What is NHTSA doing to speed up approval of Part
555 exemption petitions for AVs without manual controls in order to
maintain U.S. AV leadership while the regulatory barriers are being
addressed?
Answer. NHTSA is using the information received from the request
for comments to inform decisions regarding vehicle research and
rulemaking priorities. In addition, since 2019, NHTSA has identified
potential barriers in current Federal Motor Vehicle Safety Standards
(FMVSS) that contain requirements for vehicles to be equipped with
traditional driver controls, as well as FMVSS that reference driver
seating positions. While NHTSA does not believe that these requirements
pose barriers for ADS-equipped vehicles with conventional driver
controls and conventional seating, NHTSA has identified the
requirements as potential barriers for ADS-dedicated vehicles (ADS-DVs)
that lack traditional controls and vehicles with unconventional
seating. NHTSA continues to explore options to improve vehicle safety
through innovative technologies.
To address vehicles without manual controls, NHTSA previously
clarified in a Federal Register notice published in December 2020, that
the FMVSS test conditions and procedures apply to NHTSA's own
compliance testing but not to certifications by the manufacturer. This
means that manufacturers can certify a vehicle that cannot be tested in
accordance with the test procedures in the FMVSS if they can rely on
alternative means showing that they have exercised ``reasonable care''
in certifying the vehicle. The clarification has reduced the need for
petitions and the overall number of Part 555 exemptions that need to be
filed. NHTSA is also finalizing a rulemaking that amends certain
crashworthiness standards associated with the certification of motor
vehicles without driver controls and is conducting research on
alternative test procedures for incorporation into the FMVSS for
vehicles that lack traditional controls.
Question 4. NHTSA's proposed corporate average fuel economy
standards rule sets increased fuel efficiency standards for model years
2024-2026, and appears to rely on increased electric vehicle sales to
meet the requirements. To what extent are the fuel economy standards
NHTSA is proposing reliant on an increase in zero emission vehicle
sales? What action will NHTSA take if those sales do not materialize,
either because consumers are not ready to purchase these vehicles or
because the assumptions NHTSA makes are incorrect?
NHTSA's proposed rule estimated that the rule would increase the
average cost of a vehicle by $960 by 2029. Has NHTSA factored in
current inflationary pressures and the effects those pressures have on
consumers' ability to purchase vehicles when developing its analysis?
Answer. NHTSA's proposed rule estimates close to $140 billion in
fuel savings for new vehicles sold by 2030 and $470 billion by
midcentury. When NHTSA analyzes different potential CAFE standards, it
carefully considers both consumer fuel expenditures (as part of the
need of the United States to conserve energy) and consumer demand for
vehicles with improved fuel economy and the potential effect of
different levels of CAFE standards on vehicle sales. Vehicles equipped
with fuel-saving technology pay their owners back over time through
savings at the fuel pump or charger. NHTSA's analysis relies on the
Energy Information Administration's Annual Energy Outlook for fuel
price forecasts, which suggests that fuel prices will rise over time,
increasing the consumer benefit of higher fuel economy. NHTSA's
analysis also projects that fuel economy-improving technology will
become cheaper to apply over time as manufacturers gain more experience
with it. These analyses give NHTSA confidence that any cost increases
in new vehicles that could be attributable to the CAFE program will be
cost-effective and not unduly impactful on new vehicle sales. NHTSA
does not consider alternative fuel vehicles such as electric vehicles
in setting CAFE standards, though automakers can use these vehicles to
comply with the standards.
Question 5. In its most recent proposal for CAFE standards, has
NHTSA attempted to similarly ensure that CAFE standards do not add
undue costs associated with multiple Federal and State regulations, and
if so, how?
Answer. The Energy Policy and Conservation Act (EPCA) of 1975, as
amended by the Energy Independence and Security Act (EISA) of 2007,
requires NHTSA to consider ``the effect of other motor vehicle
standards of the Government'' on fuel economy when NHTSA is determining
what CAFE standards would be ``maximum feasible.'' In its recent
proposal, NHTSA considered California's zero emission vehicle (ZEV)
sales mandates by adding it to the baseline. The baseline is an
estimate of ``the world as it would exist in the absence of new CAFE
standards,'' so NHTSA assumed that automakers would comply with the ZEV
mandate irrespective of any further action on CAFE. NHTSA also
coordinates closely with the Environmental Protection Agency to ensure
that its rules work in tandem with EPA greenhouse gas standards.
Question 6. NHTSA estimated 14 percent plug-in vehicle share is
needed to meet the proposed standards. The 2021 Year-to-date plug-in
electric vehicle sales averaged 3.9 percent versus roughly 2 percent in
2020. What does NHTSA estimate as the required share of non-electric
vehicles in order for manufacturers to meet the proposed CAFE standards
for model year 2026?
Answer. In its proposal, NHTSA estimated that approximately 81
percent of the fleet will be non-electrified vehicles in Model Year
2026. NHTSA does not consider alternative fuel vehicles in setting
standards even though manufacturers can choose to comply with the CAFE
standards by producing such vehicles, including electric vehicles.
Question 7. The recent Environmental Protection Agency trends
report that was issued just last month noted that automakers attained
record high fuel economy and record low greenhouse gas (GHG) emissions,
but also that most automakers had to rely on credits that they
previously earned or purchased to comply with GHG rules. Do you expect
this trend of non-attainment for the actual standards to continue?
Answer. NHTSA has no reason to believe that manufacturers will stop
relying on credit trades and transfers as a compliance tool, but they
are not the only compliance tool, nor can they be used forever. Some
manufacturers may consistently over-comply with the standards, and thus
continue to have credits to sell; other manufacturers may make business
decisions about whether to make fuel economy improvements or, instead,
purchase credits from an over-complying competitor. CAFE compliance can
be achieved either way. As standards increase in stringency over time,
it is foreseeable that more manufacturers will choose to make their own
improvements--this is consistent with numerous manufacturer
announcements of forthcoming higher fuel-economy models.
Question 8. NHTSA has been evaluating updates to the U.S. New Car
Assessment Program (NCAP) for some time, and the recently passed
bipartisan infrastructure legislation included additional direction for
NHTSA on NCAP. When will NHTSA publish its updated NCAP proposal? What
is the current status of NHTSA's work to modernize NCAP?
Answer. Consistent with the Bipartisan Infrastructure Law, NHTSA is
planning to issue a notice requesting public comment on updating NCAP
to add new advanced crash avoidance technologies and to develop a
multi-year agency roadmap for future updates. NHTSA is planning to
issue the notice in early 2022. NHTSA is also working on an update to
the vehicle safety rating section of the Monroney label to include
crash avoidance safety information.
Question 9. What partnerships has NHTSA reinforced with law
enforcement agencies during the rise in roadway fatalities over the
last two-years? Do you agree that enforcement of our Nation's traffic
laws is one of the best ways to help protect the traveling public?
Answer. Traffic enforcement is one of many proven safety
countermeasures NHTSA and states use to influence safe driving
behavior, and NHTSA is committed to using all available and effective
tools to combat the current highway safety crisis. NHTSA has long
collaborated with law enforcement through its law enforcement liaison
program, and with organizations such as the International Association
of Chiefs of Police (IACP), the National Sheriffs' Association (NSA),
and the National Organization of Black Law Enforcement Executives
(NOBLE). NHTSA's collaboration with these groups focuses on traffic-
enforcement-related issues, such as the key issues observed during the
last two years: failure to wear a seat belt, speeding, and driving
after using alcohol or other drugs.
NHTSA continues to work closely with law enforcement partners on
nationwide high-visibility enforcement campaigns throughout the year.
On December 14, 2021, NHTSA kicked off our annual holiday high-
visibility enforcement campaign, aimed at preventing impaired driving
and improving safety for all road users. This campaign will run through
January 1, 2022.
NHTSA also recently worked with the IACP on the drafting of a
resolution titled, Resolution to Combat the Dramatic Increase in
Traffic Fatalities, which has been officially adopted by its
membership. The resolution recognizes that traffic enforcement must
have equity--the consistent, fair, just and impartial treatment of all
people--at its foundation and that law enforcement and the work of our
Nation's law enforcement officers are critical to the prevention and
reduction of traffic-related fatalities and injuries.
Question 10. With the recently passed investment in infrastructure
legislation, how will NHTSA utilize the significant additional funding?
What will the balance be between new programs and continuing with
ongoing programs with proven effectiveness?
Answer. The Bipartisan Infrastructure Law (BIL) provides an
increase in NHTSA funding that is the largest investment in motor
vehicle and highway safety since the agency was created fifty years
ago. With this additional funding, NHTSA will focus on the development
of new programs and the continuation of effective existing ones.
Specifically, the funding will be used to accelerate and expand the
agency's reporting of crash data; to carry out research on protecting
vulnerable road users; to understand the impact disparities of
traditional traffic safety countermeasures; to study and deploy
technologies that review vehicle safety data faster and more
accurately; and to create new tools to address roadway fatalities. BIL
also provides over $700 million in State safety grants this year,
funding that will go to support life-saving State traffic safety
programs. As a high priority for the agency, NHTSA has already provided
a significant amount of this additional funding to the States and will
provide additional funds as Congress appropriates them.
______
Response to Written Question Submitted by Hon. Todd Young to
Dr. Steven Cliff
Question. Dr. Cliff, for many months, NHTSA has kept pending a
proposed rule to expand mobility for people with disabilities.
Specifically, the rule would allow rental car companies to temporarily
disable the knee bolster air bag to install hand controls to assist
people with disabilities in operating the vehicle. This would give
rental car companies the same rights as dealers and motor vehicle
repair businesses, which are already permitted to make such
modifications. I am concerned that the number of vehicles that disabled
customers have access to is dwindling. So, time is of the essence for
NHTSA to act. The proposed rule has strong support from the National
Disability Rights Network, Paralyzed Veterans of America, and other
disability rights groups. Can you give us a specific date when NHTSA
will issue this important final rule?
Answer. This is a top priority for NHTSA and we are working to
finalize this important rulemaking before March 2022, consistent with
our planned projections in the 2021 Fall Unified Agenda.
______
Response to Written Questions Submitted by Hon. Mike Lee to
Dr. Steven Cliff
Question 1. The first half of 2021 saw the largest number of road
fatalities since 2006. NHTSA's research indicates that most of the
blame today rests with the behavior of drivers. By avoiding those human
errors, autonomous vehicles may well represent an opportunity to
address some safety concerns, yet NHTSA has taken little action to
incentivize the development and deployment of these technologies. What
specific actions will you take to remove barriers and incentivize the
deployment of highly automated vehicles if confirmed?
Answer. NHTSA agrees that technology can play a significant role in
reducing roadway fatalities, injuries and crashes. Automated Driving
Systems (ADS) offer the potential of significant safety enhancement
opportunities at their maturity. Numerous crash avoidance technologies
are available to consumers today that can help drivers avoid crashes.
NHTSA is undertaking a rulemaking, for example, on Automated Emergency
Braking and Pedestrian Automated Emergency Braking, technologies
research shows can significantly reduce crashes and fatalities. In
addition, the agency is updating the New Car Assessment Program (NCAP)
to include a number of safety technologies. NHTSA will continue to
research and study automated technologies as they come to market to
evaluate their safety and verify their safe use by the public.
Information that confirms the safe operation of such technologies will
help spur continued development. NHTSA considers the full spectrum of
available technologies in its policy considerations, and this includes
reviewing its own regulations to determine whether barriers exist to
the continued advancement and safe deployment of technologies.
Recently, NHTSA identified barriers in current Federal Motor Vehicle
Safety Standards (FMVSS) that contain requirements for vehicles to be
equipped with traditional driver controls, as well as FMVSS that
reference driver seating positions. NHTSA continues to explore options
to improve vehicle safety through innovative technologies. If
confirmed, I am committed to ensuring that NHTSA continue and advance
these efforts.
Question 2. During your hearing, you continually cited data
collection as your only answer to autonomous vehicle progress. While I
wholeheartedly support data driven decisions, I would like to know at
what point you will have accumulated enough data to move AV rulemakings
forward?
Answer. The Vehicle Safety Act requires NHTSA's rulemaking to rely
on objective data to support the actions being proposed. The Standing
General Order is for the first time providing the agency with
consistent, uniform and real time data from manufacturers that detail
the use and operation of advanced vehicle technologies. NHTSA plans to
integrate these data into its current rulemaking efforts to move them
forward. In addition, as outlined in response to Question 1, NHTSA is
working to amend FMVSS to support safety technologies. NHTSA has also
granted an exemption under its Section 555 authority to one
manufacturer who is operating low speed AVs for food delivery and will
consider additional Section 555 exemption petitions as they are filed
with the agency.
Question 3. There are developers today who are making vehicles that
are not designed to have human occupants. A study by Virginia Tech
suggests that these zero-occupant vehicles by themselves could enhance
safety by 60 percent. These vehicles clearly require innovative designs
and won't have human controls like steering wheels and brake pedals,
yet NHTSA's outdated requirements still refer to them as having human
drivers. These zero-occupant vehicles are an entirely new category of
vehicle, different from trucks or low-speed vehicles. Will you commit
to updating NHTSA's rules to create a new category of zero-occupant
vehicles, and ensure that the regulations are appropriate for this new
design?
Answer. NHTSA is committed to evaluating vehicles that do not
include human occupants (``cargo only'') to determine crash
compatibility for cargo-only autonomous vehicles, and the research is
in the final stages. NHTSA will also investigate how cargo-only
vehicles interact with pedestrians. These types of efforts will help
inform future rulemakings on cargo-only AVs. NHTSA also has completed
several reviews of its current regulations to identify any rules that
present barriers to the development of advanced vehicles and associated
technologies. NHTSA continues efforts to revise such rules to improve
safety.
Question 4. Conducting cost-benefit analyses for proposed
regulations has been a practice undertaken by agencies under both
Democrat and Republican Administrations. Please explain your views on
the use of cost-benefit analysis when considering proposed regulations.
Should all NHTSA regulations be considered with a cost-benefit
analysis? If regulatory costs outweigh the benefits, should that be a
determining factor that prevents NHTSA from moving forward with a
proposed regulation?
Answer. Consistent with Executive Order 12866 and OMB Circular A-4,
agencies should assess costs and benefits of available regulatory
alternatives. Costs and benefits include both quantifiable measures and
qualitative measures that are difficult to quantify but nevertheless
essential to consider. Under Executive Orders 12866 and 13563, to the
extent permitted by law, DOT and other agencies must propose or adopt a
regulation only upon a reasoned determination that its benefits justify
its costs, recognizing that some benefits and costs are difficult to
quantify. If confirmed, I will continue to work within this framework,
as improved under the President's January 20 Memorandum on Modernizing
Regulatory Review. That memo proposes that a regulatory review process
should reflect new developments in scientific and economic
understanding and should consider regulatory benefits that are not easy
to quantify.
______
Response to Written Questions Submitted by Hon. Shelley Moore Capito to
Dr. Steven Cliff
Question 1. NHTSA has developed test procedures and crash
countermeasures in its occupant protection programs in order to reduce
the fatality risk when in a crash. NHTSA has also recognized that the
use of lightweight materials, such as plastics and lightweight polymer
composites, can materially improve safety through science-based vehicle
design. I believe that the use of composites in automotive
manufacturing can improve the safety of the vehicle while also reducing
the weight of the vehicle. If confirmed, will you ensure that NHTSA
updates its test procedures and crash countermeasures to reflect the
latest science on vehicle design?
Answer. NHTSA's research shows that lightweight materials, such as
carbon fiber, have unique properties that can improve safety while
reducing the weight of the vehicle. Fundamentally, test procedures and
safety requirements specified by Federal motor vehicle safety standards
are performance-based. There is no limitation on the use of lightweight
materials as long as the safety requirements are met. NHTSA carefully
monitors the implementation of these materials in vehicle designs to
ensure they do not lessen occupant protection. If confirmed, I am
committed to ensuring that NHTSA's test procedures do not needlessly
inhibit their use in vehicle construction.
Question 2. Thank you for taking to the time to meet with me before
your nomination hearing. I wanted to follow up on an issue we discussed
on our call. As you know, as a part of the Infrastructure Investment
and Jobs Act (IIJA), we were able to include the RIDE Act--of which I
am a cosponsor. As part of this provision, NHTSA is required to conduct
a rulemaking on a new safety standard requiring advanced drunk driving
prevention technology in new vehicles. Reducing and preventing drunk
driving fatalities is a priority for me and look forward to working
with you on this issue. If confirmed, will you work with me on this
issue as NHTSA moves forward on implementing the RIDE Act?
Answer. I agree that reducing and preventing drunk driving
fatalities is critically important and I will ensure that it remains a
top priority for NHTSA. If confirmed, I look forward to working with
you on these issues.
______
Response to Written Question Submitted by Hon. Rick Scott to
Dr. Steven Cliff
Question. The recently signed Infrastructure Investment and Jobs
Act (P.L. 117-58) included a provision (Sec. 24220) based on my RIDE
Act (S. 1331), that will require new passenger vehicles to be equipped
with technology that can passively monitor or detect driver alcohol
impairment and stop the vehicle if impairment is detected. How will
oversee the enforcement of this provision? How else do you plan to
reduce drunk and impaired driving in the United States?
Answer. NHTSA expects the widespread use of technology designed to
detect driver impairment to be effective in reducing alcohol-impaired
driving related crashes, injuries and fatalities. As part of rulemaking
activities, NHTSA will develop compliance test procedures for such
technology to ensure it works as intended. As the technology develops,
NHTSA will continue to pursue several efforts to address impaired
driving. These efforts include leveraging existing technology such as
ignition interlocks, using education campaigns as part of high
visibility efforts, and coordinating with traffic safety professionals
and law enforcement to reduce impaired driving and save lives. Through
our formula grant programs, NHTSA will ensure that States have the
financial and technical resources necessary to reduce impaired driving.
______
Response to Written Questions Submitted by Hon. Maria Cantwell to
John Putnam
Question. Mr. Putnam, if confirmed, will you pledge to work
collaboratively with this Committee, provide thorough and timely
responses to our requests for information as we put together and
address important policy issues, and appear before the Committee when
requested?
Answer. Yes. If I am confirmed, I pledge to work collaboratively
with the Committee and all of Congress, to be responsive to your
requests for information, and to appear when requested before the
Committee to assist with its work.
Electric Vehicles. According to a 2020 Consumer Reports survey, 7
out of 10 American drivers are interested in purchasing an electric
vehicle. Federal and state governments have taken action to support
broader electric vehicle adoption, given the benefits that electric
vehicles can provide to our environment, our health, and our economy.
For example, the Washington state legislature has set an ambitious
target of requiring all new cars sold in 2030 to be zero-emission
vehicles.
We need to ensure our infrastructure is prepared for the
electrification revolution. That is why the Bipartisan Infrastructure
Law required the Departments of Transportation and Energy to create a
working group to coordinate the integration of electric vehicles into
our transportation network. Earlier this month, the Biden
Administration began implementing this Commerce Committee-directed
provision by creating a Joint Office of Energy and Transportation and
creating a new Advisory Committee on Electric Vehicles, focused on
deploying electric vehicle infrastructure and coordinating Federal
electric vehicle efforts.
Question. How will the Joint Office and Advisory Committee
facilitate and impact the Department's efforts on accelerating the
adoption of electric vehicles and ensuring safety on our roadways?
Answer. The Joint Office of Energy and Transportation and the
Electric Vehicle Working Group (also known as the Advisory Committee on
Electric Vehicles) were both created in the Bipartisan Infrastructure
Law to help plan and implement a national electric vehicle charging
strategy.
The Joint Office was directed by Congress to coordinate on issues
of joint concern between the Department of Transportation and the
Department of Energy. This Office will work on a variety of
statutorily-directed topics to inform the build out of a nationwide
network of electric vehicle chargers, including providing technical
assistance, data, and guidance. The resources, information, and tools
produced by the office will assist and inform the Federal Highway
Administration's implementation of the electric vehicle programs
created by the Bipartisan Infrastructure Law. This will build upon
guidance and other materials the Department and FHWA have prepared this
year, with the assistance of the Office of the General Counsel, to
assist in the siting, funding and deployment of electric vehicles and
charging infrastructure.
The Electric Vehicle Working Group, to be made up of a variety of
Federal agency officials and outside stakeholders, will advise the
Federal government on issues related to the deployment and integration
of electric vehicles into our energy and transportation sectors,
including consumer behavior, accessible charging, safety, grid capacity
and integration, and more.
If confirmed, I will work to ensure both of these entities carry
forward Congress' vision.
Office of Aviation Consumer Protection. The Office of Aviation
Consumer Protection put out enforcement notices on April 3, 2020 and
May 12, 2020 stating that DOT would provide non-compliant airlines with
safe harbor if they came into compliance with DOT's refund policy and
associated regulations, and would forgive non-timely issuance of
refunds for airlines that are ``making good faith efforts to provide
refunds in a timely manner.''
Question 1. Are these notices still in effect, and do they
accurately reflect DOT's current approach to airlines that are not in
compliance with DOT's refund policy and associated regulations? If they
are still in effect, what is the rationale for extending this leniency,
given that airlines have had well over a year to fine-tune their refund
policies and practices to the pandemic environment, yet continue to
receive a higher number of refund complaints? Through September of this
year, refund complaints are 719 percent higher than all of 2019.
Answer. In the early months of the COVID-19 pandemic, airlines had
difficulty processing, in a timely manner, the significant volume of
refund requests that they received. Many airlines were also initially
reluctant to provide the required refunds. The Department's Office of
Aviation Consumer Protection (OACP), a unit within the Office of the
General Counsel, issued notices in April and May 2020 to remind
airlines of their refund obligations and explain that OACP was
``provid[ing] carriers an opportunity to become compliant before taking
further action.'' OACP's approach of working with airlines to ensure
they comply with their refund obligations has yielded quick results for
consumers. For example, in response to OACP's notices and
investigation, United took various corrective actions in June 2020,
including revising its contract of carriage to make clear that the
carrier will provide refunds to passengers if the airline cancels or
makes a significant schedule change to a flight and refunding such
passengers. See United Dismissal Order at https://www.regula
tions.gov/document/DOT-OST-2020-0048-0015.
However, the opportunity for regulated entities to comply with
their refund obligation with an assurance of no enforcement action
ceased more than a year ago. The Department will take enforcement
action as necessary against regulated entities that are continuing to
refuse or have refused for a lengthy period to provide a requested
refund to a passenger when the airline cancels or significantly changes
a flight within, to or from the United States. For instance, the
Department has settled its case against Air Canada for its extreme
delays in providing refunds to thousands of consumers for flights to or
from the United States that the carrier canceled or significantly
changed with a $ 4.5 million fine. The Department is also actively
investigating 18 other U.S. and foreign airlines based on complaints
that the airlines have failed to comply with their refund obligations
and/or failed to disclose material terms applicable to credits or
vouchers, and will take enforcement action as appropriate. While there
is more work to do to ensure all passengers entitled to refunds are
provided timely refunds, the Department's actions are making a
difference. Thousands of passengers who had initially been denied
refunds have received or are receiving the required refunds.
Question 2. For airlines that remain in non-compliance with DOT's
refund policy and associated regulations, please estimate--in dollar
figures--(i) the value of the flight credits that ought to have been
issued as refunds by U.S. airlines, and (ii) the value of refund
requests that have not been acted on by U.S. airlines. If possible,
please estimate the effect--in dollar figures--that non-compliance with
DOT's refund policy and associated regulations has had on the liquidity
levels of U.S. airlines during the COVID-19 pandemic.
Answer. The Department does not have information available
regarding the value of flight credits that ought to have been issued as
refunds or the value of refund requests that have not been acted on by
U.S. airlines. Based on the Department's compliance and investigatory
activities, the Department knows that thousands of passengers who had
initially been denied refunds have received or are receiving the
required refunds. However, the Department is not able to provide the
value of the refunds that have been received that were initially
denied, the value of flight credits that ought to have been issued as
refunds, or the value of refund requests that have not been acted on by
U.S. airlines as OACP's complaint database does not track this data.
The Department is seeking to upgrade and modernize its outdated
consumer complaint system (which was procured in the 1990s) and has
sought funding in the Department's Fiscal Year 2022 budget request. The
Department would like the new system to have more refined data
processing and reporting capabilities.
Question 3. After a consumer files a refund complaint with the
Office of Aviation Consumer Protection, please describe how DOT works
to process and eventually ``close'' this complaint. Please focus on
this from the perspective of the consumer who files the refund
complaint. How does DOT coordinate with the consumer or otherwise keep
the consumer abreast of the status of the complaint?
Answer. Every air travel service complaint that is received by the
Department is coded and entered in its consumer complaint application
database according to the nature of the complaint (e.g., refund
complaint). The Department sends an acknowledgement to the consumer and
refers the complaint to the airline or ticket agent for a response.
Under DOT's consumer protection rule, airlines are required to
acknowledge consumer complaints within 30 days of receiving them and to
send consumers written responses addressing these complaints within 60
days of receiving them. This includes complaints concerning refunds.
DOT also directs ticket agents to respond directly to consumers who
file complaints with the Department. Airlines and ticket agents must
also furnish to DOT a copy of their response to individuals who filed
refund complaints with the Department.
Once the regulated entity's response is received, an analyst from
DOT's Office of Aviation Consumer Protection (OACP) will review the
refund complaint and the regulated entity's response. If, after review
of the complaint and the response, it is determined that the passenger
is entitled to a refund and the regulated entity is refusing to provide
the refund or has significantly delayed issuance of the refund, OACP
analysts refer the matter to the legal side of OACP for further action,
which may include initiating an investigation against the entity to
obtain more information on the entity's policies and practices. Once
OACP attorneys have obtained all the relevant information and analyzed
the facts and circumstances of each case, a determination will be made
on whether U.S. law has been violated and if so, the appropriate next
steps.
The length of time it takes to close a consumer complaint depends
on the particular facts and circumstances of each case. Complaints that
are clearly not violations (e.g., Department lacks authority because
the complained of incident involved a foreign air carrier for a flight
that does not touch on the U.S. or a flight that was operated but the
passenger chose not to travel) are closed faster. Because of the volume
of complaints that the Department has received coupled with the
technical limitations of its consumer complaint application system and
the small number of employees available to process such complaints,
OACP is generally unable to provide status updates on the complaints to
consumers. Because an airline or a ticket agent usually does not begin
to address an issue or refund a consumer until it receives the
complaint, OACP analysts have been instructed to prioritize processing
new complaints over other tasks, including providing status updates.
Question 4. Please specifically describe DOT's engagement with
United Airlines regarding refund complaints. United Airlines was
responsible for 34 percent of refund complaints filed to DOT in 2020.
How many of these refund complaints lodged against United Airlines
relate to United's decision to change at one point to 6 hours its
interpretation of ``significant'' delay? See DOT Order 2021-1-6.
Answer. OACP first contacted United regarding its refund policy in
mid-March 2020. OACP informed United of the refund complaints that the
Department received against it and requested information about its
refund practices and policies, including its definition of significant
change. OACP reviewed United's refund practices and informed United
that it considered United to be engaged in an unfair and deceptive
practice by changing its refund policy to define a significant delay to
mean six hours instead of two hours of the originally scheduled flight
to the disadvantage of consumers and applying it retroactively to them.
OACP required United to take certain actions immediately to avoid
enforcement action against the carrier. This included United updating
its policies and instructing its customer service agents to provide
refunds to passengers who could not be re-accommodated within two hours
of their original flight, which the carrier did on June 5, 2020. The
Department also required the carrier to contact individuals who filed
refund complaints with the Department against United for flights that
the carrier cancelled or significantly changed by more than two hours
to inform them of their right to a refund. In July 2020, United
informed the Department that it had finished reaching out to passengers
who filed DOT complaints who qualified for a refund and had not already
received a refund. While many of these refund complaints against United
relate to United retroactively applying its definition of significant
change, we are not able provide a specific number as OACP's complaint
database does not track this data.
______
Response to Written Question Submitted by Hon. Amy Klobuchar to
John Putnam
Human Trafficking Prevention. Truckers are often the first line of
defense against human trafficking. The Combating Human Trafficking in
Commercial Vehicles Act, my legislation with Senator Thune that became
law in 2018, requires the Department of Transportation (DOT) to
designate a human trafficking prevention coordinator and to increase
outreach and education efforts.
Question. If confirmed, do you commit to supporting efforts to
educate drivers on how to detect and help prevent human trafficking?
Answer. Yes. If I am confirmed, I pledge to fully support efforts
to educate truck drivers on how to detect and help prevent human
trafficking in any and all forms, as well as to continue to support
inspection and enforcement efforts to combat human trafficking.
______
Response to Written Questions Submitted by Hon. Kyrsten Sinema to
John Putnam
Infrastructure Investment and Jobs Act Implementation. The
bipartisan Infrastructure Investment and Jobs Act (IIJA) includes a
number of policy changes overseen by the Department of Transportation,
in addition to significant investments in roads, bridges, rail,
airports, and other forms of infrastructure.
Question 1. Will you commit to meeting deadlines for implementation
of the IIJA?
Answer. The Office of the General Counsel has a critical role to
play in helping the U.S. Department of Transportation implement the
Infrastructure Investment and Jobs Act and, if confirmed, I will
continue to work diligently to ensure that we are providing the
requisite support and guidance needed to carry out this landmark
legislation, including grant programs, financing programs, rulemakings
and reports to Congress.
Question 2. What challenges do you foresee in implementing the law,
and how will you take initiative to address those challenges?
Answer. The bipartisan Infrastructure Investment and Jobs Act
(IIJA) is a once-in-a-generation investment in America's
infrastructure. The IIJA will revamp our Nation's roads, bridges and
other infrastructure while focusing on safety, economic opportunity,
climate change mitigation, resilience and equity, and. It makes the
largest investments in public transit and rail passenger service in our
history and improves transportation options for millions of Americans.
More broadly, it will create many good paying jobs across the country
for years to come and increase global competitiveness for the American
people.
To that end, historic legislation like the IIJA must be matched
with effective implementation that ensures that its potential is
achieved in a transparent, compliant and accountable manner. Since its
passage, the Department has been diligently engaged in effectuating the
law's immediate and longer-term initiatives, taking inventory of its
many programs, deadlines, guidance, regulations, and reporting. To
better facilitate these efforts, we are engaging in a cross-functional
and cross-modal effort that is sustained, disciplined, and inclusive.
Such efforts will include robust engagement with transportation
stakeholders across the country--cities, states, Tribal Nations,
transportation agencies, private sector partners, philanthropic groups,
as well as communities that have been historically underserved.
If confirmed as General Counsel, I would be a member of our
Departmental Executive Policy Council, led the Deputy Secretary and
Under Secretary for Transportation. The Council will be paying close
attention to how we can make sure we have all of the right controls,
the right rigor, and the appropriate level of oversight to make sure
these infrastructure investments are spent well and effectively.
______
Response to Written Questions Submitted by Hon. Raphael Warnock to
John Putnam
Responding to Emerging Crises. I worked with the Biden
Administration and the Georgia Ports Authority (GPA) to address
congestion at the Port of Savannah that was contributing to nationwide
supply chain disruptions. GPA proposed setting up pop-up container
yards using existing facilities to move containers off the dock fast
and closer to their final destination. However the implementation of
this plan faced hurdles because it was difficult to identify available,
flexible funds that could be immediately deployed to address this
urgent issue.
Eventually, the Department of Transportation (DOT) was able to free
up $8 million in existing Port Infrastructure Development Program
funding for the pop-up container project, thanks in part to the great
work of the Office of the General Counsel and the Maritime
Administration. That $8 million is already paying dividends and the
backlog of vessels on anchor waiting to dock at the Port of Savannah is
nearing zero from a high of around 30 ships a couple of months ago.
While I think the Port of Savannah is a great success story, the
nationwide port congestion and supply chain disruption issue does
create some concern about our preparedness to handle emerging crises
that impact our economic security, but don't qualify as a declared
emergency.
Question 1. Do you believe the Department of Transportation has the
adequate resources and statutory flexibility to react to emerging
crises, like the historic port congestion and supply chain disruptions
we've seen this year?
Answer. The Department of Transportation plays a key role in
mitigating the supply chain disruption caused by the COVID-19 pandemic
and the unprecedented increase in freight demand and movement.
Secretary Buttigieg, as a co-chair of the Administration's Supply Chain
Disruption Task Force, has worked cooperatively with co-chairs Raimondo
and Vilsack to tackle these challenges using a comprehensive all-of-
government approach. Actions have focused on partnering with the
governments at all levels as well as industry and labor to enhance
goods movement at key bottlenecks across transportation modes. For
example, DOT and the Administration have worked with private-sector
labor and management to enhance operations at the Ports of Los Angeles
and Long Beach, enabling 24 hour-a-day, seven-day-a-week operations at
the ports responsible for 40 percent of our country's imports. DOT has
also worked with private-sector partners to secure additional
commitments from port operators and terminal operators to encourage
port utilization during off-peak times and relieve congestion.
In November, DOT and the Administration released the Port Action
Plan. Near-term actions include enabling enhanced flexibility in port
grants and DOT financial support for development of a pop-up container
yard at the Port of Savannah to relieve East Coast port congestion. DOT
has also announced the release of more than $240 million to modernize
ports and marine highways, as well as open competition for more than
$475 million of port infrastructure grants in early 2022. Longer-term
actions include DOT facilitating the development of comprehensive
freight movement plans for states to alleviate freight bottlenecks,
incorporation of global freight planning best practices into state
plans, and development of comprehensive data standards for goods
movement to prevent future bottlenecks.
The pandemic also served to exacerbate the existing shortage of
short and long-haul truckers, leaving many inland warehouses clogged
with goods that need transport to their final destinations as well as
ports with containers to be transported to inland warehouses. On
December 16th the Biden-Harris Administration's Trucking Action Plan to
Strengthen America's Trucking Workforce was released. This plan calls
on all levels of government, industry, and labor to come together and
build the next generation trucking workforce. Specific immediate
actions DOT is taking include providing $30 million in funding to
states to reduce the barriers to obtaining a commercial driver's
license, developing a 90-day joint DOT-DOL challenge to expand the use
of Registered Apprenticeships, an enhanced focus on veteran
recruitment, and the launch of the DOT-DOL Driving Good jobs initiative
to improve the quality of trucking jobs. The Federal Motor Carrier
Safety Administration has also extended and expanded some waivers for
trucks hauling critical freight related to the COVID-19 pandemic.
As Deputy General Counsel it has been my honor to work with my
colleagues across DOT and the Administration to address these critical
national issues, seeking creative solutions that comply the law, and if
confirmed as General Counsel, I look forward to continuing this work.
Question 2. What role can and does the General Counsel play in
responding these emerging crises?
Answer. The Deputy General Counsel and General Counsel play
important roles in seeking creative solutions to pressing problems like
supply chain congestion within the bounds of the law. For example, it
was rewarding to work with our Maritime Administration, Office of the
General Counsel career staff, and the Georgia Ports Authority to help
address congestion at the Port of Savannah through flexibilities
associated with cost savings under current grants. Similarly, I have
worked with my colleagues at the Office of General Counsel and
elsewhere in DOT on critical programs like the Port Infrastructure
Development Program, INFRA, and RAISE to make the investments necessary
to improve our supply chain infrastructure. The General Counsel serves
on the Senior Review Team for these and other critical programs, and
the Office of General Counsel and modal Chief Counsel's Offices support
all of the grant programs across the Department. The Department of
Transportation remains committed to an all-of-government approach to
mitigating the supply chain disruption, including full utilization of
our statutory capabilities as well as those of our partner agencies at
the Federal level. This requires a careful and creative approach to
legal authorities available to the Department. Recent legislation,
including the Infrastructure Investment and Jobs Act, has provided DOT
with additional resources to tackle this crisis in both the near and
long-term, and if confirmed, I look forward to working with you and the
Committee on additional resources and statutory flexibilities as
needed.
______
Response to Written Questions Submitted by Hon. Roger Wicker to
John Putnam
Question 1. Advanced transportation technologies are reshaping all
modes of transportation. How will you help enable the safe and
efficient deployment of these technologies?
Answer. DOT remains committed to safely advancing innovative
transportation technologies that can increase safety, mobility,
efficiency, accessibility, environmental performance and other
objectives. If confirmed, I will ensure that safety and regulatory
efficiency remains a top priority in my office and influential in the
guidance provided and actions taken. DOT has a broad array of tools to
meet safety goals, including research, rulemaking, investigations,
grant programs, and enforcement, and we will use the right tools at the
right time. For example, we will continue to support FAA's process of
integrating Unmanned Aerial Vehicles into the National Airspace System
through implementation of the recommendations we expect to receive from
the Aviation Rulemaking Committee on Beyond Visual Line of Sight and
other rulemakings. We will continue to coordinate with FAA on similar
efforts for commercial space and urban air mobility technologies.
On vehicle matters and the deployment of advanced technologies, DOT
continues to engage industry through various means in an effort to
facilitate both the innovation of new technologies and the development
of those technologies in a safe and responsible manner. Manufacturers
are also required to timely report crash information for vehicles
equipped with Advanced Driver Assistance Systems (ADAS) or Automated
Driving Systems (ADS). Data we collect from industry will inform the
Department of potential vehicle safety issues that can be addressed
through recalls or investigations. In addition, DOT is also proactively
researching how safety could be measured and assessed objectively and
applied practically to develop future technologies, recognizing that an
effective and trusted safety strategy will be necessary for robust
commercialization of technologies. All of these actions lead to the
safe and efficient deployment of vehicle technologies. If confirmed, I
commit to continuing efforts to help enable safe integration of
innovative technologies across the modes of transportation.
Question 2. Mr. Putnam, as you may be aware, the DOT has proposed a
new rule which would address the topic of airline ticket refunds. Do
you believe the current requirements for airline refunds are
insufficient?
Answer. The Department's existing refund requirement provides that
airlines have an obligation to provide prompt refunds when refunds are
due, but the reference to refunding airfare due to cancellations and
significant changes are not codified in rule text. Also, the terms
``cancellation'' and ``significant schedule change'' are not defined in
regulation, which has resulted in inconsistency among carriers on when
passengers are entitled to refunds. In addition, the Department's
existing regulations do not address refund eligibility under special
circumstances, such as government-imposed travel restrictions. The
Department has received an unprecedented level of complaints regarding
the failure to refund cancelled flights over the last 21 months. For
these reasons, in the Fall 2021 Unified Agenda, the Department
announced a notice of proposed rulemaking, which is scheduled to be
issued in March 2022, that would propose to address these deficiencies.
We look forward to collecting comments from all stakeholders on these
issues and the proposed rule.
______
Response to Written Question Submitted by Hon. Dan Sullivan to
John Putnam
Question. The FAA Alaska Aviation Safety Initiative (FAASI) is an
FAA effort to respond to the February 2020 NTSB Report and the Alaska
Aviation Safety Summit. A February 2020 NTSB report pointed to a recent
10-year period where the total accident rate in Alaska was 2.35 times
higher than the rest of the United States. During the same period, the
fatal accident rate in Alaska was 1.34 times higher. There is inherent
bias in Federal investment, given the lack of Federal investment in
infrastructure and technology to support rural isolated communities
that are dependent on aviation as compared to the rest of the nation,
and how this has translated to safety. FAASI identifies safety
improvements and investments for the Alaska Region, and aims to make
progress on the effort for FAA and DOT to take a holistic view of DOT
programs to ensure the inherent bias no longer inhibits infrastructure
investments in our remote Alaska Native communities.
When policies impacting aviation investment and safety in Alaska
come before you at DOT, will you consider the unique operating
environment and unique needs of Alaska and support the efforts of the
FAA Alaska Aviation Safety Initiative?
Answer. I recognize Alaska's distinctive physical and aviation
environment and am aware of the fact that Alaskans rely heavily on
aviation transportation. If confirmed, I am committed to aviation
safety in Alaska and beyond, and will consider Alaska's unique
attributes where appropriate. I will work with the FAA to ensure
important safety initiatives, such as the FAASI, advance expeditiously.
______
Response to Written Questions Submitted by Hon. Mike Lee to
John Putnam
Question 1. During consideration of the Bipartisan Infrastructure
Package, I offered an amendment that required a spectrum audit of the
Department of Transportation's spectrum, which was successfully signed
into law. If confirmed, will you commit to ensuring all statutory
deadlines for the audit are met?
Answer. I understand that Sec. 27003 of the Bipartisan
Infrastructure Law requires the Department, jointly with the National
Telecommunications and Information Agency (NTIA) of the Department of
Commerce, to conduct an audit of the electromagnetic spectrum that is
assigned or otherwise allocated to the Department. If confirmed, I
commit to working to ensure that the Department meets all statutory
requirements and deadlines, and we have already initiated discussions
with NTIA to begin this work.
Question 2. In your view, what constitutes a ``significant delay''
for consumers regarding their air travel? Does the Federal government
have a role in resolving such ``significant delays?'' If so, what is
the appropriate role?
Answer. As you know, airlines have an obligation to provide a
refund to a ticketed passenger when the airline cancels or
significantly changes the passenger's flight, and the passenger chooses
not to accept an alternative offered by the carrier. However, neither
the term ``significant change'' nor ``cancellation'' is defined in
regulation or statute. The Department's review of the refund policies
and practices of U.S. and foreign airlines revealed that airlines
define ``significant change'' and ``cancellation'' differently when
fulfilling their obligation to provide refunds. The Department plans to
issue a notice of proposed rulemaking on airline ticket refunds in
March 2022. This rulemaking would, among other things, define
cancellation and significant changes including addressing whether new
itineraries involving delays of a certain length or additional stops
constitute a significant change requiring a refund. We look forward to
collecting comments from all stakeholders on these issues and the
proposed rule.
Question 3. Would you support regulating baggage rates and other
airline fees? What you support making these fees ``nondiscriminatory''
or ``equitable?''
Answer. I believe it is important to protect consumers from hidden
fees and to ensure transparency, and support regulating the disclosure
of baggage fees and other airline fees. The Department already has
rules relating to fee transparency, but those rules allow airlines to
display fees for ancillary services, except for baggage, in a range. In
the Fall 2021 Unified Agenda, the Department announced its intention to
issue a notice of proposed rulemaking that would amend its aviation
consumer protection regulations to ensure that consumers have ancillary
fee information, including baggage fees, change fees and cancellation
fees at the time of ticket purchase. This rulemaking would also examine
whether fees for certain ancillary services should be disclosed at the
first point in a search process where a fare is listed. If confirmed, I
am committed to working with this Committee to ensure a competitive
airline industry where consumers are protected from hidden fees and
treated fairly and equally without regard to race, color, national
origin, religion, sex, ancestry or disability. The proposed rulemaking
would not seek to regulate the level of baggage or other airline fees.
We look forward to collecting comments from all stakeholders on these
issues and the proposed rule.
Question 4. Conducting cost-benefit analyses for proposed
regulations has been a practice undertaken by agencies under both
Democrat and Republican Administrations. Please explain your views on
the use of cost-benefit analysis when considering proposed regulations.
Should all DOT regulations be considered with a cost-benefit analysis?
If regulatory costs outweigh the benefits, should that be a determining
factor that prevents DOT from moving forward with a proposed
regulation?
Answer. Consistent with Executive Order 12866 and OMB Circular A-4,
agencies should assess costs and benefits of available regulatory
alternatives. Costs and benefits include both quantifiable measures and
qualitative measures that are difficult to quantify but nevertheless
essential to consider. Under Executive Orders 12866 and 13563, to the
extent permitted by law, DOT and other agencies must propose or adopt a
regulation only upon a reasoned determination that its benefits justify
its costs, recognizing that some benefits and costs are difficult to
quantify. If confirmed, I will continue to work within this framework,
as improved under the President's January 20 Memorandum on Modernizing
Regulatory Review. That memo proposes that a regulatory review process
should reflect new developments in scientific and economic
understanding and should consider regulatory benefits that are not easy
to quantify.
Question 5. If confirmed, would you advocate or support a Federal
requirement that Americans must be vaccinated for COVID-19 as a
prerequisite for interstate travel, transportation, or movement?
Answer. DOT has not proposed and is not proposing any requirement
that vaccination be a prerequisite for interstate travel,
transportation or movement. The Centers for Disease Control provides
subject matter expertise and assessment of the best scientific
information on any measures for public health, and has also not made
any such recommendation.
Question 6. Do you support the raising of the Federal gas tax or
other tax increases in order to fund the Highway Trust Fund shortfall?
Answer. The President has made clear that he does not support
measures that would increase taxes for Americans making $400,000 or
less. If confirmed, I will work with the Secretary, our interagency
partners, the Committee and with the other key Committees to address
the long-standing funding challenges for the Highway Trust Fund.
Question 7. The Department of Transportation is responsible for
regulating aviation in the United States. One debate taking place at
the FAA is the issue of drone regulation. Low-altitude drones are a
major focus for the states, who through their inherent police powers,
govern matters such as property rights, land use, trespass, privacy,
and local safety issues. When Secretary Buttigieg came before this
Committee, he agreed with me that there should be a clear role for
authorities outside of the Federal government, such as state and local
authorities, to regulate drones in some of these matters.
1. Do you agree with Secretary Buttigieg that state and local
governments have a clear role to play in the regulation of low-
altitude drone operations?
2. Are there limits to the FAA's authority to regulate airspace in
relation to a State's police powers?
3. In the context of drone operations, the FAA has taken the
position that they control the airspace from the ground up. Do
you think the Federal government has the ability to regulate
the airspace a couple of feet above your lawn? What about mere
inches above the blades of grass? In other words, should air
inches above your backyard or front lawn be considered Federal
airspace?
Answer. The FAA regulates the safety and efficiency of all civil
aircraft operations throughout all altitudes of U.S. airspace,
including through takeoff and landing. The Department recognizes that
state, local, and tribal governments have legitimate interests to
protect the property and privacy interests of their citizens. We also
understand that substantial local restrictions affecting the safety or
efficiency of operations could present unmanned aircraft system
operators with a complex regulatory patchwork. Regulatory uncertainty
could undermine the Department's continued efforts to carry out the
congressional mandate to fully integrate UAS into the NAS. If
confirmed, I look forward to the Department's continued work with all
stakeholders on a regulatory framework that will realize the
congressional vision for full integration of UAS, while balancing the
legitimate interests of local and state governments in protecting
property and privacy interests. Based on my past work with airport
authorities and general-purpose local governments on UAS issues, I
understand the legitimate concerns of local governments and their
residents, and commit to working with all stakeholders to address this
issue.
Question 8. To my knowledge, the last Federal guidance on use of
counter-drone mitigation equipment was issued jointly by the DOJ, DOT,
FCC, and DHS in August 2020. The guidance notes that Congress has only
authorized DOD, DOE, DOJ, and DHS to engage in C-UAS activities and
that any other entity, including airports, must ``understand that
Federal laws may prevent, limit, or penalize the sale, possession, or
use of UAS detection and mitigation capabilities.'' This guidance
certainly seems to tie airports hands in being able to respond to
legitimate threats. Absent any change in the law, does an airport have
any recourse to address these safety and security concerns? Would you
agree that it would make sense to allow airport operators, state and
local law enforcement, and airport law enforcement to be equipped with
some form of counter-drone authority to counter threats to airport
property?
Answer. Congress has recognized the potential risks faced by
airports and directed the Federal Aviation Administration to work with
the Secretary of Defense, the Secretary of Homeland Security, and the
heads of other relevant Federal agencies to ensure that technologies or
systems that are deployed by Federal departments and agencies to detect
and mitigate potential risks posed by errant or hostile unmanned
aircraft system operations do not adversely impact or interfere with
safe airport operations, navigation, air traffic services, or the safe
and efficient operation of the national airspace system (NAS). This
work is ongoing.
Additionally, FAA-certificated airport operators are working with
their local TSA representatives, and local law enforcement agencies on
implementation of local UAS response plans. I recognize the importance
of airport operators having appropriate tools to address unlawful
interference with airspace, including based on my past work
representing airport operators. Airport operators must add their UAS
response plan to the FAA-approved Airport Emergency Plan providing
instructions for responding to unlawful interference with airport
operations created by an errant UAS operation. If confirmed, I look
forward to working with Congress, other agencies, and the industry to
ensure that airports have the tools needed to respond appropriately to
potential risks while ensuring that no unacceptable adverse effects are
introduced to the NAS.
______
Response to Written Questions Submitted by Hon. Rick Scott to
John Putnam
Question 1. What role do you believe the Department of
Transportation plays in solving the current supply chain crisis? As
current Deputy General Counsel, what has the Department done so far to
help prevent these sorts of supply chain problems?
Answer. The Department of Transportation plays a key role in
mitigating the supply chain disruption caused by the COVID-19 pandemic
and the unprecedented increase in freight demand and movement.
Secretary Buttigieg, as a co-chair of the Administration's Supply Chain
Disruption Task Force, has worked cooperatively with co-chairs Raimondo
and Vilsack to tackle these challenges with using a comprehensive all-
of-government approach. Actions have focused on partnering with the
governments at all levels as well as industry and labor to enhance
goods movement at key bottlenecks across transportation modes. For
example, DOT and the Administration have worked with private-sector
labor and management to enhance operations at the Ports of Los Angeles
and Long Beach, enabling 24 hour-a-day, seven-day-a-week operations at
the ports responsible for 40 percent of our country's imports. DOT has
also worked with private-sector partners to secure additional
commitments from port operators and terminal operators to encourage
port utilization during off-peak times and relieve congestion.
In November, DOT and the Administration released the Port Action
Plan. Near-term actions have included enabling enhanced flexibility in
port grants and DOT financial support for development of a pop-up
container yard at the Port of Savannah to relieve East Coast port
congestion. DOT has also announced the release of more than $250
million to modernize ports and marine highways, as well as open
competition for more than $475 million of port infrastructure grants in
early 2022. Longer-term actions include DOT facilitating the
development of comprehensive freight movement plans for states to
alleviate freight bottlenecks, incorporation of global freight planning
best practices into state plans, and development of comprehensive data
standards for goods movement to prevent future bottlenecks.
The pandemic also served to exacerbate the existing shortage of
short and long-haul truckers, leaving many inland warehouses clogged
with goods that need transport to their final destinations as well as
ports with containers to be transported to inland warehouses. On
December 16th the Biden-Harris Administration Trucking Action Plan to
Strengthen America's Trucking Workforce was released. This plan calls
on all levels of government, industry, and labor to come together and
build the next generation trucking workforce. Specific immediate
actions DOT is taking include providing $30 million in funding to
states to reduce the barriers to obtaining a commercial driver's
license, developing a 90-day joint DOT-DOL challenge to expand the use
of Registered Apprenticeships, an enhanced focus on veteran
recruitment, and the launch of the DOT-DOL Driving Good jobs initiative
to improve the quality of trucking jobs. The Federal Motor Carrier
Safety Administration has also extended and expanded some waivers for
trucks hauling critical freight related to the COVID-19 pandemic.
As Deputy General Counsel it has been my honor to work with my
colleagues across DOT and the Administration to address these critical
national issues, seeking creative solutions that comply the law, and if
confirmed as General Counsel I look forward to continuing this work.
Question 2. As Deputy General Counsel, how have you worked with the
trucking industry to address their trucker shortages?
Answer. As Deputy General Counsel, my primary contributions have
been to verify the legal authorities available to the Department to
support the ambitious ``Biden-Harris Administration Trucking Action
Plan to Strengthen America's Trucking Workforce'' and to work
collaboratively with the Federal Motor Carrier Safety Administration
and Department of Labor to address the challenge of trucker shortages.
I have also worked with FMCSA on hours of service and other waivers
related to the COVID-19 pandemic, including the recent waivers that
expanded scope and include better data collection. A primary objective
is to implement rapidly the task force dedicated to expanding the pool
of drivers by promoting the recruitment, inclusion, and advancement of
women in trucking established in the Bipartisan Infrastructure Law.
This task force will be the first of many strategies to help build the
pipeline and diversify the trucking workforce. The task force will also
investigate predatory truck leasing arrangements that dissuade drivers
from entering or staying in the industry.
Question 3. The Department of Transportation gives out billions of
dollars in discretionary infrastructure grants, such as the RAISE
Grants. How will you ensure these are awarded fairly, transparently,
and consistently?
Answer. The Department recognizes the importance of maintaining the
public's confidence that all Federal infrastructure investments,
including discretionary grants, are made fairly, transparently and
consistently. With much experience implementing discretionary grant
programs for large infrastructure investments, the Department has
robust policies and practices designed to result in fair, transparent,
and consistent discretionary grant decisions on timelines dictated in
law. If confirmed as General Counsel, I will ensure that the Office of
the General Counsel will work closely with the offices implementing
discretionary grant programs to build on that experience and
continually improve the Department's performance. In particular, I will
ensure that legal advisors throughout the Department are involved from
early in program design through project closeouts, and that fairness,
transparency and consistency remain central considerations throughout
the legal offices' support of the programs.
Question 4. How do you plan on addressing and improving the
``return on investment'' for our taxpayers with President Biden's
aggressive infrastructure proposals?
Answer. If confirmed, I will work with Secretary Buttigieg to
ensure that the DOT implements a balanced investment program that meets
the needs of all communities. I will also ensure that our discretionary
programs meet the selection and reporting requirements set forth by
Congress in legislation. It is my understanding that most, if not all,
of the discretionary programs require DOT to consider the cost
effectiveness of the projects as part of the selection process. If
confirmed, I will ensure that the Department commits to a transparent
process, considers these cost-effectiveness criteria, and continues to
prioritize the strongest projects when awarding our available
discretionary funding.
Question 5. How would you address the fact that the Highway Trust
Fund (HTF) is going insolvent, and do you believe we need to increase
the Federal gas tax?
Answer. Since 2008, the ongoing and growing imbalance between
Highway Trust Fund spending and receipts has remained a significant
issue. If confirmed, I will work with Department colleagues, Federal
partners, the Committee and with the other key Committees to address
our long-standing funding challenges. The President has made clear that
he does not support measures that would increase taxes for Americans
making $400,000 or less.
[all]
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