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S. HRG. 111–389 

NOMINATION OF HON. GARY F. LOCKE 

TO BE SECRETARY OF THE 

U.S. DEPARTMENT OF COMMERCE 

HEARING 

BEFORE THE

COMMITTEE ON COMMERCE, 

SCIENCE, AND TRANSPORTATION 

UNITED STATES SENATE 

ONE HUNDRED ELEVENTH CONGRESS 

FIRST SESSION 

MARCH 18, 2009 

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

( 

(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED ELEVENTH CONGRESS 

FIRST SESSION 

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

DANIEL K. INOUYE, Hawaii 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

TOM UDALL, New Mexico 

MARK WARNER, Virginia 

MARK BEGICH, Alaska 

KAY BAILEY HUTCHISON, Texas, Ranking 

OLYMPIA J. SNOWE, Maine 

JOHN ENSIGN, Nevada 

JIM DEMINT, South Carolina 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

JOHNNY ISAKSON, Georgia 

DAVID VITTER, Louisiana 

SAM BROWNBACK, Kansas 

MEL MARTINEZ, Florida 

MIKE JOHANNS, Nebraska 

ELLEN L. DONESKI, Chief of Staff 

JAMES REID, Deputy Chief of Staff 

BRUCE H. ANDREWS, General Counsel 

CHRISTINE D. KURTH, Republican Staff Director and General Counsel 

PAUL NAGLE, Republican Chief Counsel 

(III) 

C O N T E N T S 

Page 

Hearing held on March 18, 2009 ............................................................................ 1 

Statement of Senator Rockefeller ........................................................................... 1 

Statement of Senator Hutchison ............................................................................ 2 

Statement of Senator Cantwell .............................................................................. 6 

Statement of Senator Begich .................................................................................. 7 

Statement of Senator Thune ................................................................................... 9 

Statement of Senator Warner ................................................................................. 9 

Statement of Senator Johanns ............................................................................... 10 

Statement of Senator Brownback ........................................................................... 12 

Statement of Senator Lautenberg .......................................................................... 14 

Statement of Senator Snowe ................................................................................... 15 

Statement of Senator Martinez .............................................................................. 16 

Statement of Senator Klobuchar ............................................................................ 18 

Statement of Senator Nelson .................................................................................. 19 

Statement of Senator Udall .................................................................................... 20 

Statement of Senator Dorgan ................................................................................. 42 

WITNESSES

Hon. Patty Murray, U.S. Senator from Washington ............................................ 4 

Hon. Gary F. Locke, Secretary-Designate, U.S. Department of Commerce ........ 22 

Prepared statement .......................................................................................... 24 

Biographical information .................................................................................

APPENDIX

Hon. Barbara Boxer, U.S. Senator from California, prepared statement ........... 53 

Hon. Mark Pryor, U.S. Senator from Arkansas, prepared statement ................. 53 

Response to written questions submitted to Hon. Gary F. Locke by: 

Hon. John D. Rockefeller IV ............................................................................ 53 

Hon. Kay Bailey Hutchison ............................................................................. 56 

Hon. John F. Kerry .......................................................................................... 57 

Hon. Byron L. Dorgan ...................................................................................... 60 

Hon. Barbara Boxer ......................................................................................... 61 

Hon. Bill Nelson ............................................................................................... 62 

Hon. Frank R. Lautenberg ............................................................................... 65 

Hon. Mark Pryor ............................................................................................... 66 

Hon. Tom Udall ................................................................................................ 68 

Hon. Mark Warner ........................................................................................... 70 

Hon. Mark Begich ............................................................................................. 71 

Hon. Harry Reid ............................................................................................... 75 

Hon. Olympia J. Snowe .................................................................................... 76 

Hon. Sam Brownback ....................................................................................... 80 

(1) 

NOMINATION OF HON. GARY F. LOCKE 

TO BE SECRETARY OF THE 

U.S. DEPARTMENT OF COMMERCE 

WEDNESDAY, MARCH 18, 2009 

U.S. SENATE, 

COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION, 

Washington, DC. 

The Committee met, pursuant to notice, at 10:12 a.m. in room 

SR–253, Russell Senate Office Building, Hon. John D. Rockefeller 

IV, Chairman of the Committee, presiding. 

OPENING STATEMENT OF HON. JOHN D. ROCKEFELLER IV, 

U.S. SENATOR FROM WEST VIRGINIA 

The CHAIRMAN. My apologies to all, and explanations will follow 

later. 

I wish good morning to everybody, particularly to Gary Locke 

and to the two splendid people who are going to be introducing 

him. And you, sir, will be the Nation’s 36th Secretary of Commerce. 

And you know, we could have waited another several months. 

[Laughter.] 

The CHAIRMAN. We are getting pretty good at it, but we are really happy to see you here, and particularly somebody of your character. I am not sure if you have noticed, but there has been a lot 

of talk about all that recently. 

I am going to skip all of the good things I was going to say about 

how you grew up, what you have done, your public service, all different varieties of it. You have been completely committed since 

your parents came here. You have come up the hard way, and you 

have served the public at every single instance in every single way. 

We are in a very hard time. I think that you understand—I know 

that you understand Main Street, and I know you understand the 

way the people of your State are thinking and the way the people 

of the Nation are thinking. And I think that you have your finger 

on the pulse of what people want. 

The department which you will be taking over, it surprises people, I think, sometimes to find out how huge the scope of it is. It 

is so huge that sometimes one part doesn’t stand out over another. 

They all stand out on their own. And so, it is a huge responsibility 

you have. 

Just to name a few, you have successful national transition to 

digital television, which I will be asking you about, as well as the 

census, which may be your biggest headache to overcome that and 

2 

get it done on time. The allocation of $4.7 billion in needed 

broadband funds to areas of the country which desperately need it. 

The engagement on climate change, head on. That is what we 

are doing here. We are part of the process. We have been a smaller 

part of the process in the past. We are going to be a larger part 

of the process in the future, working with you, always working 

with you. 

And amplification of science and technology. Our President, who 

you serve and who, in a sense, we all serve, or as my colleague 

would say ‘‘work with’’—that is not my colleague here. That is my 

colleague from West Virginia. We work with him. It is just about 

the most difficult time we have ever been in, and he is an enormous believer in science and technology, which you are, too. 

He has great faith in it. He believes that it leads us to solutions, 

and I agree with him. And that is true whether you are talking 

about climate change, estuaries, the oceans, the skies, whatever it 

might be. 

And the list goes on and on, and it is a thrilling opportunity for 

you and a great privilege for us that you would be willing to do it. 

I think we can all agree that the Commerce Secretary is one 

very, very big job, therefore, and we need somebody who wakes up 

every day thinking about what is best for working families and for 

the Nation at the same time. That is everybody. 

So, Governor Locke, you are going to represent the interests of 

people with honor. I know that you will ensure American workers 

can prosper, that our businesses can thrive. We have a very large 

free enterprise agenda. We have a great deal to do with what goes 

on or doesn’t go on in businesses large and small. We have trade, 

all kinds of things. 

And we need to move quickly on this nomination, needless to say, 

because you need to be in place, and I obviously am declaring that 

I am very much for you. And so, my general theory is let us get 

moving. 

And I will now turn to my distinguished Ranking Member, Senator Kay Bailey Hutchison. 

STATEMENT OF HON. KAY BAILEY HUTCHISON, 

U.S. SENATOR FROM TEXAS 

Senator HUTCHISON. Thank you, Mr. Chairman. 

I am very pleased that you are holding this hearing and agree 

with you that we need to proceed through this hearing and this 

nomination because it is such an important position, and there are 

so many areas in which the Department of Commerce must function and function well. 

The expansive jurisdiction covering such matters as NOAA, 

international trade, and our domestic telecommunications infrastructure are of immediate interest, and we did provide $17 billion 

in budgetary authority for Fiscal Year 2009 to the Department of 

Commerce to carry out these missions. There are a number of challenges, and I look forward to hearing from the nominee about how 

he will manage them. 

First is the census. There has been a lot of discussion, as you are 

aware, about the oversight of the 2010 census, and I have concerns 

3 

about reports that the Administration might insert itself into the 

management of the census. 

I believe the process must remain transparent and nonpoliticized. And when I met with Governor Locke earlier this month, we 

talked about that, and I was pleased to hear his position that the 

census will stay in the Department of Commerce, and it will be 

handled on a professional basis. And I will ask you about that for 

the record to assure that we are on the same wavelength, which 

I believe we are from my conversation with you. 

DTV is another huge undertaking, and this Committee, with the 

leadership of the Chairman, actually extended the deadline for the 

transition from February to June. However, we cannot extend that 

deadline again. 

The NTIA has been given additional funding, and the number of 

consumers on the wait list to receive coupons has diminished. But 

there are still many out there, and I will certainly want to see how 

you plan to run the NTIA to assure that DTV is ready to transition 

in June because it would be wrong to extend that deadline again. 

Science and technology are also critically important. Investments 

in science and technology will be critical in helping our Nation’s 

economic recovery. We need to invest in basic scientific research, 

math and science education. One area in particular that I hope to 

talk to you about is the issue of research efforts in the area of 

weather modification and storm mitigation. I am particularly interested in your views because NOAA and the National Weather Service will be very much a part of that in your department. The Commerce Department has awarded more than $4 billion in 

broadband grants across the country. Broadband, as we all know, 

is a key building block for new businesses and jobs. But we must 

ensure that the broadband policies focus on both urban and rural 

America and offer solutions for both. 

The department must also continue to work with the Internet 

Corporation for Assigned Names and Numbers to ensure that the 

Internet remains a secure space in which commerce can flourish 

nationally and internationally. 

In my home State of Texas, we rely very heavily on weather, 

making sure that we know what the predictions are, and what the 

track of a hurricane is. We are also the home to significant oil, gas, 

and other energy infrastructure, maritime commerce, all vital to 

our Nation and all very much affected by the Department of Commerce. 

As an example, when Hurricane Ike hit Texas and Louisiana 

coasts last September, NOAA’s advanced warnings clearly minimized the loss of life, and its many response teams helped to reopen our ports and coastal infrastructure to commerce. It was incredible to see what NOAA and the Weather Service did, tracking 

that hurricane from 5 days out and hitting it almost on the dot 

where it would land. 

They predicted well the hurricane. What was not predicted was 

the surge, which really was the damage causer, both with Ike and 

Katrina, frankly. So that is an issue that we are going to have to 

address. 

Clearly there are so many things that affect our country that are 

within your department. I think you have acquainted yourself very 

4 

well during this time since your nomination, and you have a very 

strong record as Governor. I look forward to working with the 

Chairman to expedite your nomination, barring any unforeseen 

questions or answers or anything that we haven’t learned yet. Everything I have seen is very good. 

Thank you very much, and I look forward to working with you 

in all these areas. 

Mr. LOCKE. Thank you. 

The CHAIRMAN. I might add two things. One is that the Ranking 

Member and I have both looked at all the financials and FBI reports, and it was clean and happy reading. 

[Laughter.] 

Senator HUTCHISON. True. Boring would have been—— 

[Laughter.] 

The CHAIRMAN. It was pretty boring, yes. But with the indulgence of the Committee, what I would like to do now, since actually 

Senator Cantwell is the next one to give her statement, is not to 

hold Patty Murray, who sort of runs this place, and let them introduce our next Secretary, hopefully. And that will free them to come 

back, Maria to give her statement, since she is next in line. 

And if that is OK with the Committee, if there is no objection, 

I think that is a fair and efficient way to do it. 

So, Senator Patty Murray? 

STATEMENT OF HON. PATTY MURRAY, 

U.S. SENATOR FROM WASHINGTON 

Senator MURRAY. Thank you very much, Mr. Chairman, for that 

consideration. 

Ranking Member Hutchison, members of the Committee, along 

with my colleague Senator Cantwell and members of our Washington State House delegation, it is my pleasure to introduce to all 

of you Gary Locke, who is the former Governor of Washington 

State, to serve as the next Secretary of Commerce. 

I want to welcome Governor Locke and his wife, Mona, who is 

here with us today. And to thank her and their children—Emily, 

Madeline, and Dylan—for willing to let him do this for all of us. 

Mr. Chairman, I am very proud to recommend Gary Locke to be 

the next Secretary of Commerce at this important time in our Nation’s history. As we all work very hard to recover from the worst 

economic downturn since the Great Depression, we need a Commerce Secretary with the dedication and expertise to carry out policies that will strengthen our economy well into the future. 

Governor Locke understands the importance of the American 

dream because he has lived it. His grandfather emigrated from 

China and worked as a servant just a mile from our Governor’s 

mansion in Olympia. Governor Locke spent his first 6 years in Seattle’s Yesler Terrace, a public housing project for families of World 

War II veterans. 

His background taught him firsthand the importance of education, hard work, and responsibility, and what it means to live in 

a country that provides opportunities for its citizens. He studied 

hard in school, helped out at his father’s grocery store, and became 

an Eagle Scout. 

5 

He graduated from Franklin High School in Seattle, Yale University, and Boston University Law School and began a very long career in public service, first in the King County prosecutor’s office 

and then in the Washington State House of Representatives. 

I first met Governor Locke when we served together in our State 

capital in Olympia, and I couldn’t be happier that he is now the 

nominee to head the Department of Commerce. Now there are a lot 

of reasons why Governor Locke is an ideal nominee, which I will 

talk about in a minute. But I want to take this opportunity to tell 

a personal story that I think illustrates his commitment to public 

service and to making sure we all make the best decisions for our 

taxpayers. 

As I said, I first met Governor Locke in our State legislature. He 

was Chair of the State appropriations, House Appropriations Committee. I was a brand-new State Senator, and I was working very 

hard to get a piece of legislation passed that was critical to my constituents. 

Now, Governor, I don’t know if you remember this, but I still remember it to this day. It made a huge impression on me. As part 

of getting my bill passed, as a Senator, I had to go talk to Gary 

Locke as Chair of the Committee, and I had to sit down in the 

chair in front of him. And it was one of the toughest experiences 

I ever had. 

He knew that budget inside and out. He ran me through the 

paces. He grilled me about what was in my bill and what impact 

it would have on our taxpayers, and he was very tough. But ultimately, after putting me through that grilling, he supported me 

and asked the hard questions and defended my legislation, and we 

improved that bill and got it passed because of his commitment. 

Governor Locke has brought that level of expertise and dedication to the taxpayers in every position that he has held, and it 

makes him an ideal candidate now to serve in the Department of 

Commerce. 

So, Mr. Chairman, let me just say a few words about the experience that he brings. One of the most critical jobs the Commerce 

Secretary performs is finding markets for American products and 

technologies. Governor Locke understands how important that is, 

and he knows how to do it successfully. 

As the two-term Governor of the Nation’s most trade-dependent 

State, he spent 8 years breaking down trade barriers and promoting American products from airplanes to apples to operating 

systems. He has led numerous successful delegations to our Asian 

trading partners to foster those relationships. And the experience 

and relationships he built over the years will serve him well as he 

works to promote American products and American technologies to 

a global market. 

Governor Locke also understands the health of the environment 

and knows that it has a direct impact on our quality of life and on 

our economy. People in our home State of Washington really value 

our natural resources for recreation and enjoyment. But a great 

many people depend on those same resources to make a living. 

Finding a good balance between those two interests is something 

every Washington State Governor grapples with, and Governor 

Locke’s experience means he is going to hit the ground running as 

6 

Commerce Secretary as we confront global climate change and 

other environmental concerns, including the management of our 

fisheries. 

And that leads me to my final point. Former Senator Fritz Hollings, who served as Chairman of this Committee, used to joke that 

the Secretary of Commerce always comes in thinking he will be the 

head businessman and then he finds out that he is really the head 

fisherman. 

[Laughter.] 

Senator MURRAY. Now I am not trying to diminish the importance of the Commerce Department or the issue. The management 

of our limited fishing stocks is extremely important, and as a Senator from the Northwest, I know from experience that we need 

someone to head the Commerce Department who has a detailed understanding of this delicate and very complicated issue. 

Governor Locke is the only Commerce Secretary nominee, to my 

knowledge, who has personally negotiated a fishing treaty to balance fishing and environmental interests. He understands both 

sides, and he will bring an evenhanded approach to this issue at 

Commerce. 

So, Mr. Chairman, I am very pleased to introduce this Committee to Governor Locke, and you. He has served the people of our 

State well. He will bring that same level of commitment and intelligence to this Administration, and I am very proud to support his 

confirmation. 

Thank you. 

The CHAIRMAN. Thank you very much, Senator Murray. I detect 

approval in your remarks. 

[Laughter.] 

Senator MURRAY. You got it. 

The CHAIRMAN. And now, Senator Cantwell? 

STATEMENT OF HON. MARIA CANTWELL, 

U.S. SENATOR FROM WASHINGTON 

Senator CANTWELL. Thank you, Mr. Chairman. 

Chairman Rockefeller, Ranking Member Hutchison, thank you 

for holding this important hearing, and it is an honor to be here 

with my colleague Senator Murray and to be here to congratulate 

the President on his selection of former Governor Gary Locke to be 

the next Secretary of Commerce. 

I have known Gary Locke for more than 20 years. And I can say 

to my colleagues, Governor Locke, is the right man for this job. As 

Governor, he helped bring broadband services to the rural parts of 

our State. Under his leadership, using the E-rate funds, Washington State developed the K–20 Network, a high-speed, high-capacity network linking K through 12 schools with libraries, colleges, and universities across the State of Washington. 

Governor Locke has also been involved in both public and private 

sector trade missions advocating open markets and promoting U.S. 

products. At the International Trade Administration within the Department of Commerce, that experience will be put to good use. 

Part of the mission is to advocate for American companies competing abroad. It can mean the difference between whether major 

7 

foreign sales go to U.S. companies or whether they go to foreign 

competitors. 

At NOAA, which is over half of the Department of Commerce 

budget, Governor Locke’s prior experience with the complexities of 

Puget Sound, endangered salmon species, the hazards of oil spills 

will also be invaluable. As Governor of Washington, Governor 

Locke dealt with one of the Nation’s most vibrant fishing industries, appointing the North Pacific Fishery Management Council. 

The fisheries in the North Pacific are among the best-managed 

fisheries in the world, a fact that has not gone unnoticed by the 

U.S. Oceans Commission and the Pew Commission. 

In addition to commercial fishing, Governor Locke has dealt with 

the complexities of endangered salmon and, in December 2004, presented to the Federal Government the first locally developed regional salmon recovery plan for Washington State. 

Additionally, many of the challenges Commerce Department 

faces in the near term are management challenges, from the settop box program for digital television to NOAA’s satellite program 

and getting it back on track, to wisely investing the $4.7 billion in 

the broadband grants as part of the American Recovery and Reinvestment Act. 

And Gary Locke has never shied away from difficult management challenges, like crafting a State budget in his second term as 

Governor just after the tech bubble bust. He worked with Democrats and Republicans in the State legislature to come up with a 

spending reduction proposal—many of the ideas unpopular at the 

time, but necessary given the need to balance the State budget. I 

know that he will continue that same bipartisan spirit working as 

Secretary of Commerce. 

Mr. Chairman, I believe that Governor Locke will also help 

round out the President’s economic team. He is someone who understands the challenges many Americans face as they try to get 

their own personal economic situation and our national house in 

order. 

As my colleague Senator Murray mentioned, Governor Locke, 

raised in public housing, worked hard, through financial aid and 

scholarships graduated from Yale University and onto a law practice. He is a testament to the American dream. 

So I look forward to working with Governor Locke on many 

issues and urge my colleagues today for his quick confirmation as 

the next Secretary of Commerce to the United States. 

I thank the Chairman. 

The CHAIRMAN. Thank you very much, Senator Cantwell. 

And I understand that that is your statement, and so I won’t call 

on you next up here. However, just to show the dominance of the 

Northwest, the next person on the first-come, first-served is Senator Begich. 

STATEMENT OF HON. MARK BEGICH, 

U.S. SENATOR FROM ALASKA 

Senator BEGICH. Thank you very much, Mr. Chairman. 

And Governor, I know we had our brief meeting, but it was an 

interesting meeting. It told me that you have great capacity, as we 

started in my office, walked down the hall, ended up in an elevator, 

8 

down through the train, and then to the Capitol. So I know that 

you have great flexibility, and I appreciate that. 

Again, I have a few questions, and I will just lay them out, if 

that is OK? And Mr. Chairman, I am not sure how the rounds will 

work, but I am very excited about having you. I have read your resume. I have seen your experience. I am personally aware of who 

you are from our own experience, from our Governor in Alaska and 

the work you have done on salmon treaties. 

I am going to lay out questions instead of a statement just because I want you to kind of think about them as the process goes 

forward. There will be one area of issue, obviously, is the Arctic 

policy and climate change and how those two will be part of the 

equation and how you see your department participating in engaging in that issue. 

For Alaska, the Arctic is becoming more and more not only a 

local issue, obviously, but a national issue. And how you see the 

department engaging in the issues of oil and gas exploration, shipping and tourism, and the other commercial activity up there and 

how you see your role and how you will participate with other 

agencies throughout the Federal Government. That is one area as 

we move forward that is going to be a grave concern for us in Alaska. 

The other—and I liked the comment that was made that you will 

not be necessarily the head businessman. You will be the head fisherman. And I agree with that because people who do come to Commerce realize later that there is a lot of activity that you will be 

engaged in, and with NOAA’s budget, about half of your budgetary 

responsibility, commercial fishing in Alaska is pretty significant. It 

is 62 percent of the fishing stock in this country. 

And the issue of farmed fish is of grave concern to us. In Alaska, 

we are not big fans of that, to say the least. And your role and your 

opinion in regards to the requirement or the potential of farm fishing allowed in Federal waters throughout all of this country and 

how you would see Alaska hopefully not fitting into that. I am giving you the answer, hopefully, to your question—to my question. 

The last, and again, because our time is always so short here, the 

other is a very specific one, which is the Denali Commission, which 

is pretty significant for Alaska. The Denali Commission has been 

around for about 10 years. It takes Federal money and invests it 

throughout the State of Alaska in rural communities in fuel storage 

and in solid waste and teacher housing and a variety of areas. But 

they are also more than likely going to expand into broadband 

issues and renewable energy. 

The Denali Commission has been one of those programs that I 

believe has worked very successfully in impacting and positively 

impacting rural communities, and I am hopeful that you could give 

some commentary on that issue also and how you feel about that. 

And can it become instead of what it has been every year, kind of 

an earmark, but more programmatic because the impact has been 

significant? 

I will stop there, Mr. Chairman, because I wanted to rapid fire 

the questions so he can have time to be thinking about them, depending on how the process works here. 

The CHAIRMAN. Thank you, Senator Begich. 

9 

Senator Thune? 

STATEMENT OF HON. JOHN THUNE, 

U.S. SENATOR FROM SOUTH DAKOTA 

Senator THUNE. Thank you, Mr. Chairman. 

I want to thank you and Senator Hutchison for scheduling a 

timely confirmation hearing for Governor Locke, and welcome and 

thank you for your willingness to serve as our next Secretary of 

Commerce. 

If confirmed, you are going to be leading a department and working with this Committee during a very difficult time in our country’s history. There are a number of issues that people are struggling with today across the country. We have small businesses who 

are hurting and families that are anxious over their next paycheck, 

their next mortgage payment, or their next job. 

As Commerce Secretary, you are going to help shape and carry 

out economic and trade policies that are intended to turn the economy around. In particular, you are going to oversee the implementation of a massive broadband deployment as called for under the 

Stimulus Act. That is an issue of interest and concern to me. 

I am hopeful you will work closely with this committee as we ensure that these funds are effectively directed to unserved and underserved areas of the country that are most in need of the assistance. 

And additionally, you are going to be charged with overseeing the 

upcoming census of the United States, which, for over 200 years, 

has played a central role in measuring the progress and growth of 

our country and helped policymakers govern a growing and changing population. The 2010 census has got to be carried out accurately and objectively. 

And as you know from your service as a Governor, many programs, including education, Medicaid, and highway funding, are all 

determined by the outcome of the census. And additionally, the 

census is going to determine the number of Congressional seats 

that each State has. 

So, needless to say, the stakes are high. These reports of that 

process being politicized are very concerning to many of us, and recent statements by White House officials indicate that the White 

House may exert an unprecedented influence in that census process. Those are statements and suggestions that I find unacceptable, 

and I look forward to hearing more from you on making sure that 

the census is an open and independent process. 

So, again, I thank you for your willingness to serve. Many have 

spoken to your many qualifications, and obviously, you come to this 

job with great experience and great background. And we look forward to working with you in taking on many of the challenges that 

the country currently faces. 

So thank you, and thank you, Mr. Chairman. 

The CHAIRMAN. Thank you, Senator Thune. 

Senator Warner? 

STATEMENT OF HON. MARK WARNER, 

U.S. SENATOR FROM VIRGINIA 

Senator WARNER. Thank you, Mr. Chairman. 

10 

And let me add my voice to my colleagues and friends from the 

State of Washington on a personal recommendation and great appreciation of the President for choosing Gary Locke to be Secretary 

of Commerce. 

I had the opportunity to serve with Governor Locke during my 

tenure as Governor. My wife, Lisa, and I consider he and Mona 

friends. We had wonderful times together with Governor Johanns 

when Governor Locke hosted the NGA out in Seattle, and I can say 

firsthand that this is a soon-to-be Secretary of Commerce who was 

extraordinarily well respected by Governors across the country 

from both sides of the aisle. He brought a lot of imagination and 

innovation during his tenure as Governor of Washington. 

One thing that I am particularly excited about, Gary and I have 

spent some time talking about this in the past, and during his tenure as Governor, he spent a lot of time trying to make the State 

of Washington government more efficient and budgeting more effective. And some of the things that don’t get a lot of press attention, 

but clearly, in a department as far-flung as the Commerce Department is, with so many different functions and focuses, trying to 

bring the kind of management expertise you brought to the State 

of Washington, I think, to the Commerce Department will be something that we will all be well suited with. 

I will simply make one final comment, and Senator Thune has 

raised this issue already, about the broadband deployment. Regardless of where we may have been on the recovery package, I think 

we are all very excited about the opportunity to continue to roll out 

broadband. I do think there is going to be enormous tension between the goal of getting the funds out quickly, but at the same 

time, having appropriate oversight and making sure that there is 

an effective deployment, particularly to rural and underserved 

areas. 

And I particularly look forward to working with you in the areas 

of last-mile deployment. We can get that broadband backbone in, 

but if we don’t do a good job of the last-mile deployment, working 

with our local communities, and I would add, we in Virginia have 

had very extensive—we have got the biggest rural broadband deployment in the country. 

And we have spent a lot of time in the last year or so working 

on these last-mile issues, on how you engage local governments and 

local communities to make sure you can get this service not just 

to the school and to the government, but actually to the businesses 

and the consumers in the area. And there may be somewhere we 

can collaborate and cooperate on that. 

So I will simply say, Mr. Chairman, a hearty yes to Gary Locke, 

and he will serve not only the Department, but our Nation, I know, 

with distinction. 

Thank you. 

The CHAIRMAN. Thank you, Senator Warner. 

Senator Johanns? 

STATEMENT OF HON. MIKE JOHANNS, 

U.S. SENATOR FROM NEBRASKA 

Senator JOHANNS. Mr. Chairman, thank you. 

11 

And let me, if I might, just second the words of my colleague 

across the aisle, Mark Warner. Governor, it is just great to see you 

here. 

Our times did overlap when I was Governor of Nebraska, and 

you did a great job. And if I were to add just another thought, you 

did it in a very bipartisan way. You worked with Republicans, 

Democrats, and Independents, and we can’t ask for anything more 

than that. 

If I could, I want to add my endorsement. Let there be no doubt 

about it. I like Gary Locke a lot. I celebrated when I saw that you 

were going to be the person that was nominated. In my mind, you 

can’t get enough governors in the Cabinet. 

[Laughter.] 

Senator JOHANNS. That is how I feel about it. 

There is the official job description for what you do, and then 

there is kind of the unofficial job description. As a former Cabinet 

member myself, I had an opportunity to work with Carlos Gutierrez when he was at Commerce, who is just a fine, fine man. 

He came with a lot of experience in foreign trade and other expertise. But the unofficial situation with Carlos was he kind of became the face of trade in many respects. Now, of course, there is 

the USTR. And there were the rest of us that were working trade 

issues. But oftentimes, it was the Commerce Secretary that in kind 

of an informal way became the face of trade. 

As you talk today, I would like to ask you to offer some thoughts 

on some hard questions. I won’t ask any trick questions, but I will 

ask you some hard ones. Trade promotion authority—I maintain no 

President can negotiate a trade agreement without TPA. I support 

it whether it is a Republican or a Democrat in the White House. 

We don’t have it today. Haven’t had it now for many months. I 

don’t know why a country would negotiate without TPA because 

the negotiations never end. That would be the first thing. 

The second thing is it is one thing to say we want better foreign 

relations. We all want that, I think. It is quite another thing when 

you realize that the first thing that foreign leaders bring up with 

you when you sit down with them, whether you are a Cabinet 

member or the President of the United States, is very, very specific 

trade issues. 

And I will just give you an example, a very, very tough issue at 

the moment. You have got one of our largest trade partners that 

is very, very irritated with us about action that was taken on what 

really was a pilot program relating to trucks out of Mexico. How 

do you deal with that? 

Because that is billions and billions of dollars of trade, and it has 

a profound impact on farmers and ranchers in Nebraska because 

if, all of a sudden, retaliation starts, there is no way to end that. 

How will you propose to manage that, whether it is in the setting 

of a Cabinet meeting or a conference with the President or face-toface with the world leader? 

You will be shocked at how much you travel, how much you are 

on an airplane talking to foreign leaders about trade issues. I 

would like you to give some thoughts on that as you move on to 

your testimony. 

12 

But let me just wrap up with this. I could not agree with Senator 

Warner more. You are the kind of guy we need in the Cabinet. I 

am thrilled to hear everything has worked well in terms of your 

background checks and all of that. One thing you will realize in the 

Cabinet, boring is a really good thing. The more boring you get, the 

better. 

So I wish you the very best. You will have my support and look 

forward to working with you, Governor. And it is so good to see 

Mona here. I will pass her regards on to Stephanie. 

Thanks. 

The CHAIRMAN. Oh, my heavens. I have failed completely. Governor, could you introduce your wife, please? 

Mr. LOCKE. Thank you very much, Mr. Chairman and to the 

members of the Commerce Committee, I would like to introduce my 

wife, Mona Locke, seated behind me. 

She is a former television reporter. Actually worked a stint here 

in Washington, D.C., and was kind of the correspondent for some 

of the smaller stations in Kansas. So she got to know the Kansas 

delegation quite well. And then ended up in Green Bay, covering 

the Packers and tailgate parties in Green Bay. Came to Seattle, 

and I met her—— 

The CHAIRMAN. Was she on the sidelines there? 

[Laughter.] 

Mr. LOCKE. And then we got married, and she has been a terrific 

first lady, really championing early learning well before it was ever 

popular. The importance, critical importance, of educating our children, stimulating their intellectual and emotional well-being well 

before they even go to kindergarten. 

And then she is now the Executive Director of the Puget Sound 

or Western Washington Susan G. Komen for the Cure Foundation, 

working on breast cancer education, prevention, and treatment of 

breast cancer. 

So she has been an incredible partner, an incredible administrator, incredible motivator, and a really terrific mom to our three 

children—Emily, Dylan, and Madeline. 

Thanks for being here, honey. 

The CHAIRMAN. She ought to be pretty happy about that. 

[Laughter.] 

The CHAIRMAN. Thank you very much. 

Senator Brownback? 

STATEMENT OF HON. SAM BROWNBACK, 

U.S. SENATOR FROM KANSAS 

Senator BROWNBACK. Thank you very much, Mr. Chairman. 

Welcome, and welcome, Mona. Good to see you. It is good to have 

you here. 

Enjoyed our private discussion that we had. A lot of issues have 

already been raised that I agree with, particularly on broadband 

issues in underserved areas. One that hasn’t been talked about is 

the Patent Office. Although I notice in your written statement, you 

have talked about getting and addressing some of the backlog on 

the Patent Office. 

There is another issue that is going to be coming out that I hope 

you will put some attention to, and that is the changes in the patVerDate Nov 24 2008 13:47 Apr 28, 2010 Jkt 052160 PO 00000 Frm 00016 Fmt 6633 Sfmt 6633 S:\WPSHR\GPO\DOCS\52160.TXT SCOM1 PsN: JACKIE
13 

ent law. I was on the Judiciary Committee for a while, and this is 

such a key, critical area for the further growth of our economy, the 

protection of intellectual property and development of intellectual 

property, that I hope you will lean in and watch that all groups are 

taken care of on this, and it doesn’t just favor one group over another group. 

That was the issue that started coming up with the last patent 

reform bill—a certain group of industries favored it and others 

didn’t because it was going to favor one group over another. And 

I don’t think that is a wise way for us to grow. I don’t think it is 

something we need to do to change and improve the patent system. 

Another issue that you are very familiar with is trade disputes 

that we have that you will have a voice at the table and work on, 

particularly one on Airbus that I know you, as the Governor of 

Washington, and my State of Kansas, we have had this ongoing 

dispute with Airbus in Europe. That case should report out during 

your tenure as Commerce Secretary. 

I hope that we win that case and that we are able to use the offsets to really make this a fair and balanced fight. Whether it extends to the civil side of the aircraft that the case is built on or 

the militarized side of the aircraft where the tanker issue comes up 

that I see is floating back around now, and people talking about 

what to do on it, I think it requires a new kind of thinking about 

how we would address this because those two issues are related. 

They subsidized the civilian development of the aircraft and then 

used it to undercut the price of the militarized type of the tanker 

aircraft. That is a bit of an insider issue, but I know you understand it fully from the State of Washington’s perspective. 

I also would mention to you on disputes with China, I know you 

practiced law in that area. You are very familiar with trade issues. 

I don’t know of another trade area that we are going to have more 

difficulty in working with than in China, whether it is currency 

manipulations, or protection of intellectual property rights. We just 

really have had or perhaps need to have a brawl with the Chinese 

on making sure everybody abides by their obligations. 

And it gets very frustrating to people here that you get a subsidized system or artificially holding down of currency rates, and 

then nothing happens. Or intellectual property rights are being stolen. I was on the streets of Beijing the day that a movie came out 

in the United States, and it was being sold on the streets by vendors the day of release. And you are thinking, ‘‘Boy, that was very 

efficient.’’ 

I would rather think it was stolen, but we have had that as an 

ongoing dispute for some period of time. I hope you really will dig 

into those issues, and I know by your past and your track record 

that you will. 

I look forward to working with you on some of these cases, particularly for ours, for my State of Kansas, the Airbus dispute and 

then how that has morphed into the tanker controversy is just— 

it is a $40 billion issue for us in the United States versus Europe. 

So I look forward to working with you. Glad to have your wife 

back in town. All the best to you. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Thanks very much, Senator Brownback. 

14 

Senator Lautenberg? 

STATEMENT OF HON. FRANK R. LAUTENBERG, 

U.S. SENATOR FROM NEW JERSEY 

Senator LAUTENBERG. Thanks, Mr. Chairman, for conducting this 

oversight and review of an excellent candidate for Commerce Secretary. We saw a Washington armada here with the two highly 

thought of Senators and the distinguished former Governor. 

Governor Locke and I share background and experience from 

parents. His parents, like mine, ran a neighborhood store, kept 

open 7 days a week typically, 365 days a year. And the thing that 

we did, each of us seem to have learned is hard work. 

And unfortunately, with the economy in recession, too many people are searching for a chance to work hard as they struggle to 

make ends meet. The unemployment rate across the country, the 

highest it has been in 15 years, and those people who have jobs are 

working longer and getting less for their labor. And so, we are 

counting on the next Commerce Secretary to help right this ship 

and get the economy back onboard. 

This Committee has responsibility that goes beyond that of the 

Commerce Department, and that is we do some significant infrastructure work here. One of them is, for instance, investment in 

rail service, transportation improvements. Light rail reduces congestion, reduces our dependence on fossil fuels, and will employ 

27,000 people for every billion-dollar investment. And I use that as 

an example. 

And as the Cabinet Secretary responsible for America’s economy 

and its competitiveness, I hope that Governor Locke will be a partner in promoting investments in transportation, even though it is 

not within—directly within his department. 

In our meeting, Governor Locke and I talked about another type 

of infrastructure investment mentioned by several colleagues, the 

need to invest in broadband, especially in underserved areas in 

New Jersey. The economic recovery law we recently passed provides the Commerce Department with nearly $5 billion for 

broadband initiatives to improve high-speed Internet access to the 

served and unserved and underserved communities around the 

country. 

Getting broadband into these communities, especially the low-income areas, is essential if we are going to keep America competitive. For Americans with limited time and limited resources, Internet access means access to information, quality healthcare, and 

education that otherwise might be out of reach. 

And it means that children can get homework help from libraries, and parents can go back to school in search of a newer, better 

job even as they stay at home. And for low-income Americans, the 

opportunities available online can help find a way out of poverty. 

The Secretary of Commerce has the ability to impact so many aspects of American lives, from protecting the health of our oceans 

to promoting American trade, technology, and economic development, to ensuring accurate representation through the census. And 

I look forward to working with Governor Locke on these issues and 

many others, including stopping companies from doing business 

with terrorist states. 

15 

And I close, Mr. Chairman, since you, too, were a Governor, an 

appeal was made for more governors here. I come out of the business community, and my appeal is for more businesspeople to join 

us here in the U.S. Senate. 

And I thank you, Mr. Chairman. 

The CHAIRMAN. How do I respond to that? 

Senator LAUTENBERG. Applause. 

The CHAIRMAN. I sort of come out of both is my calculation. 

Governor, just so that you will come back when we have our next 

hearing involving you, it is our custom when somebody presents 

themselves for nomination for all members to give statements. We 

have cut them down to 4 minutes. Ordinarily, it is the Chairman 

and the Ranking Member that give statements. So keep your spirits high. 

[Laughter.] 

The CHAIRMAN. And to keep them high even further is Senator 

Snowe. 

STATEMENT OF HON. OLYMPIA J. SNOWE, 

U.S. SENATOR FROM MAINE 

Senator SNOWE. Oh, thank you. Yes, great timing on that point. 

I will try to be brief, Governor Locke, and I welcome you and 

congratulate you on your nomination. I think it comes at an especially critical time for the Commerce Department. 

And certainly, your life’s journey does represent a great American story, and also the depth and breadth of your experience and 

expertise in this multi-mission agency is so well suited for the 

many challenges and also the spheres of jurisdiction within the 

agency. So I certainly want to applaud your nomination, and I appreciate the productive meeting that we had recently on so many 

issues. 

Obviously, one of the critical missions of your agency, as you 

have already mentioned in your statement, is creating jobs that are 

made in and stay in America, and that is exactly right. We have 

to really focus on jobs. 

There are so many programs within your agency and administrations within your agency that are going to create jobs, and we have 

to maximize the potential of that job creation. And that is why one 

of the recommendations that I made to you, and I am exploring it 

as well, is to create a jobs coordinator within the agency so that 

you can be singularly focused in bringing together all of the potential of all the programs and administrations under your jurisdiction 

to create jobs and making sure they stay in America. 

For example, you have got the International Trade Administration. You have got the economic development program that is so essential, the Manufacturing Extension Partnership, the national 

telecommunications. Obviously, all the trade issues that are so important. 

So I think that we have to maximize that potential, become singularly focused in coordinating that under one person that reports 

to you because it is now more important than ever given the level 

of unemployment. And we are, unfortunately, at a juncture where 

we have got people making unemployment claims, which are now 

the highest since the 1960s. And so, it really truly is troubling. I 

16 

think we have to do everything we can to enhance that capability 

within the Commerce Department. 

As far as trade is concerned, another issue that I mentioned, I 

happen to think that we ought to coordinate all of the enforcement 

activities under the jurisdiction of the Commerce Department, and 

specifically the International Trade Administration. 

I think that the USTR has sort of conflicting missions, negotiating trade agreements and then having to enforce them. And the 

public petitions simply don’t get recognized by the USTR; it has 

been 12 years since they have acted upon a public petition. 

So I would like to see all of the enforcement activities come 

under the jurisdiction of the International Trade Administration. 

That way, we would have singular capability of making sure we are 

represented when it comes to violation of trade agreements in addition to the anti-dumping and the subsidy responsibilities that are 

already under the mission of the International Trade Administration. 

I just think that is so important in this day and age when we 

are losing jobs to make sure that we are dealing with a level playing field when it comes to trade enforcement. 

Finally, on fisheries, you have heard so much, and I express this 

as well: I am really appreciative of your expertise in this area because it is so complex and it is critical. Your nomination couldn’t 

come at a more pivotal time for fisheries, and that is certainly true 

in New England. 

We are facing enormous hardships with the groundfish industry, 

for example. I explained to you what happened with the New England Management Council’s decision that, unfortunately, got undermined by one vote: the regional administrator’s. It was 15–1, to 

move in a direction to reduce the days at sea, but not as dramatically and drastically as the agency decided in overturning that decision by the Council. 

The Inspector General just came out with a report that underscores what I mentioned to you in our meeting, that is there is a 

tremendous level of distrust between the fishermen in New England and the National Marine Fisheries Service. It is something 

that we have to restore. We have to create a confidence, and that 

means in the integrity of the science and also in the way in which 

these decisions are made. 

So I hope to work with you on this because it is so critical and 

so pivotal. We have got to preserve our fishermen as we preserve 

the fish stocks, and that is simply not happening. And we are not 

going to survive this year, given the interim regulation they just 

issued in order to move ahead to the sector management in 2010. 

So I hope we can explore that further in the future. 

Again, Mr. Chairman, I thank you. 

The CHAIRMAN. Thank you, Senator Snowe. 

Senator Martinez? 

STATEMENT OF HON. MEL MARTINEZ, 

U.S. SENATOR FROM FLORIDA 

Senator MARTINEZ. Mr. Chairman, thank you very much. 

17 

Governor, I am delighted to have a chance to welcome you as 

well and congratulate you on your nomination, as well as your family. Your willingness to serve is appreciated. 

I should tell you at the outset that I enjoyed very much our opportunity to chat, and as you know from my comments to you on 

that day, I am vitally interested in the issue of trade. The State 

of Florida is a state that benefits greatly from trade. It benefits 

greatly from the opportunity of job creation as a result of trade. 

You obviously know that because you were so forceful in leading 

many successful trade missions during your time as Governor, and 

I know that your State and mine both have seaports, and the proximity to overseas markets make us particularly attuned to these 

issues. 

I am concerned about the protectionist attitudes that seem to 

pervade at this moment in history. The issue with Mexico that 

former Secretary, Governor, and now Senator Johanns brought up 

is one that I greatly share his concern. 

I share the concern about TPA. I am also terribly concerned 

about the fact that we could never get Congressional approval of 

the free trade agreement with Colombia, one that I think would enhance our opportunity for job creation not only in the State of Florida, but in companies like Caterpillar. 

Heavy equipment is what they import there. Colombia is moving 

on to do trade agreements with other countries, competitors of 

ours. They will enter into long-term agreements to purchase heavy 

equipment from others like perhaps Germany, where they are in 

negotiations for a trade agreement. So we are going to fall behind. 

And I think it is incumbent upon you to provide the leadership 

that this Administration needs to be a clear voice on the issue of 

trade. In this time of economic turmoil, I think that protectionism 

is the last thing we need. 

I will mention to you that your predecessor, Carlos Gutierrez, 

who was also mentioned by Senator Johanns, and I share a great 

friendship. And I also admire greatly that he got terribly involved 

and deeply involved in the issue of immigration. Not exactly in the 

portfolio of the Commerce Secretary, but he joined with the Secretary of Homeland Security and was a strong partner as we work 

for a comprehensive immigration reform solution to this Nation’s 

immigration problems. 

I hope that you will raise your voice. I know you are sensitive 

and understand the issue in your own life and in your own family, 

as I do, and that you will have the opportunity to weigh in and 

help us to move forward an agenda that will include a comprehensive immigration reform bill that I think will be good for our country. 

I join the Ranking Member also in talking about the issue of hurricanes, very important to a coastal State like Florida. So NOAA 

is a very, very vital part of hurricane preparedness. 

I have been involved in presenting some bills, I think I mentioned to you during our conversation, relating to better research, 

particularly on issues of storm surge, mitigation of damage, and 

things of this nature. I hope that we can continue to talk about 

these issues as you take office. 

18 

And in conclusion, I should say take heart because Chairman 

Sarbanes, when I was before the Banking Committee for my confirmation, Mr. Chairman, was not as kind as you. And I did not 

realize that I would get to give a statement at some point during 

the course of the day, as everybody went around the table. 

But, anyway, best of luck to you. I wish you great success. I enjoyed my time in the Cabinet. I know you have a very exciting assignment ahead and lots of challenges. 

But I do look for you to provide what I think is essential leadership in this Administration on the issue of trade. You know it. You 

understand it. You know the benefits of it. You now need to be the 

advocate because the confusing and mixed signals that we are 

sending to the world are not good. 

And I think particularly as it relates to our friends—Mexico is 

a neighbor and a good friend. We need Mexico to be economically 

and politically strong. And right now, going back on our commitments on NAFTA is not the way to do it. 

Thank you very much. 

The CHAIRMAN. Thank you, Senator Martinez. 

And now, Senator Klobuchar? 

STATEMENT OF HON. AMY KLOBUCHAR, 

U.S. SENATOR FROM MINNESOTA 

Senator KLOBUCHAR. Thank you very much, Mr. Chairman. 

And welcome, Governor Locke. You are only just a few Senators 

away from giving your statement. 

I also wanted to welcome your wife. I, too, have spent a significant time in Green Bay in our neighboring State of Wisconsin, 

which we always think of as the ‘‘beer and bratwurst capital’’ of the 

United States. 

And I do have a button I can give you from my last campaign 

visit on behalf of the President to Wisconsin. My favorite one, ‘‘Brat 

Obama.’’ And that, you could wear that to your first Cabinet meeting. 

[Laughter.] 

Senator KLOBUCHAR. I am sure you would look very impressive. 

I was just, as I listened to the great tributes to you from your 

fellow Governors, I think you can have nothing better than that, 

as well as our Senators from Washington. I was struck by a number of them, including Senator Cantwell, that talked about your 

management experience, and that was my impression when we 

met. And how important that is to this job as you look to managing 

not only the census, but also managing the digital TV transition. 

We talked about how in my state, 21 percent of the people still 

have the rabbit ear or the old TVs, and I was one that believed 

that because of the mismanagement of the program that we needed 

a little more time. I remember asking the FCC Commissioner if he 

truly wanted to go on a roof in Minnesota in the middle of February to try to adjust the antenna. 

I think this little more time is a good thing, but yet you are inheriting something of a messy program, and I believe we can do it. 

We have already transitioned some of our stations in our state, and 

it has gone well so far. So I think it has actually helped us that 

19 

some of the stations have already transitioned. So we look forward 

to working with you on that. 

Second issue that has been mentioned by many of the Senators 

is the broadband issue. I think that this is a true, true opportunity 

to get our country up to date. We went from fourth in the world, 

industrialized world, for Internet subscribership to 15th in just 8 

years. Jobs that we could be placing in Thief River Falls, Minnesota, have been going to other countries. And I think that this 

Internet expansion is so important to our country. 

I think back to 1935, when President Roosevelt looked across the 

landscape and saw that only 12 percent of the rural households 

had electricity. And then, 15 years later, 75 percent of them had 

electricity. And I see this issue of Internet and broadband, the 

rural electrification issue of this decade. 

So I think this is a great opportunity to try to get our system 

up to date. It has been mentioned there are all kinds of issues with 

what areas. I can tell you in our State there are a number of areas 

that may have Internet service, but it is incredibly slow or it is incredibly expensive. So we have to look at those areas as well. 

I am going to be chairing—Martinez is the Ranking Member— 

the Competitiveness, Innovation, and Export Promotion Subcommittee. So we hope with your experience in promoting American products abroad, we can have some discussions and work on 

those issues. 

And I am also going to be chairing a tourism hearing, and I 

know that is one issue that hasn’t been mentioned, as we are in 

these troubled times. But tourism is still a very important industry 

to this country, and we would like the Commerce Department’s 

help in promoting tourism in these troubled times, understanding 

that it is still very important that so many Americans make their 

livelihood in the tourism industry. 

And then, finally, Senator Cantwell talked about the work with 

NOAA and oceans. Just a reminder that the Great Lakes are also 

included in that. For 2 years, I served on that subcommittee. As 

I told the Chairman, I couldn’t quite figure it out at the beginning, 

given that I am from Minnesota and it was called the Oceans Subcommittee. But then I realized it was because I could see Lake Superior from my porch. 

But I will tell you, Governor Locke, that the Great Lakes issues 

are incredibly important. We have seen issues with Great Lakes 

restoration, ballast, invasive species, and I hope that you keep this 

high on the front burner when you look at NOAA and the work 

that is done, that we make sure that there are significant resources 

and focus on the Great Lakes as well as our great oceans. 

Thank you very much. We look forward to working with you. 

The CHAIRMAN. Thank you, Senator Klobuchar. 

Senator Nelson? 

STATEMENT OF HON. BILL NELSON, 

U.S. SENATOR FROM FLORIDA 

Senator NELSON. Mr. Chairman, how long do I have? 

The CHAIRMAN. Four big ones. 

Senator NELSON. I can make it very quick, Mr. Chairman. 

20 

I support you, Governor. I enjoyed our visit. I have a series of 

questions that I will proffer for the record that you can answer that 

go all the way, and this is an amazing department how many subjects that you have to control. 

The questions that I will submit go all the way from managing 

the fishery stocks. We have a problem in Florida on snapper and 

grouper. And the question is, is it plentiful or is it being reduced, 

and getting accurate information? 

Of course, all the questions around climate change, including organizational questions about: should the National Climate Service 

be situated within NOAA? And how are you going to continue the 

satellite sea level rise measurement, such as the Jason–3 and other 

Jason-type capabilities in our satellites? How are—as you get into 

climate change, to make sure that all governments at all levels understand the consequences of climate change? 

The single-point failure on tracking hurricanes—single-point failure, one G–IV. If it is down for maintenance or for an accident, we 

don’t have that increased 15 percent accuracy capability that we 

have now. 

Of course, the census has been raised—to accurately count the 

census. 

The NTIA, as an entity, should coordinate closely with the FCC 

on telecommunications policy. Question of getting broadband out 

into as many areas as possible versus to as many people as possible 

by making it affordable. That is an issue in your department. 

The joint project agreement having to do with assigned names 

and numbers on the Internet, and should that JPA, that joint 

project agreement be extended? So those are just a couple to digest 

as you take on this enormous responsibility. 

Thank you for your offer of yourself for continued public service. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Nicely stated, Senator Nelson. 

Senator Udall? 

STATEMENT OF HON. TOM UDALL, 

U.S. SENATOR FROM NEW MEXICO 

Senator UDALL. Thank you very much, Chairman Rockefeller. 

Great to be at this hearing today. 

And welcome, Governor Locke. It is a real pleasure to have you 

here. 

And I just want to say the accolades you have received from all 

your former Governors say a lot about you. I was never a Governor. 

I was a State Attorney General, and I served with several Governors, but I belonged to an association that had the acronym of 

NAAG. And they always used to accuse us, I know the Governors 

did, of the ‘‘National Association of Aspiring Governors.’’ 

[Laughter.] 

Senator UDALL. Which I have not aspired to do at this point, but 

I think these Governors that I served with, and Governor Rockefeller here, have set a great example of public service. 

Several of the Senators have talked to you about what we should 

do in rural areas. And I know in our discussion earlier, you 

talked—outside this committee room, you talked about the rural 

areas in Washington and getting digital into those areas and makVerDate Nov 24 2008 13:47 Apr 28, 2010 Jkt 052160 PO 00000 Frm 00024 Fmt 6633 Sfmt 6633 S:\WPSHR\GPO\DOCS\52160.TXT SCOM1 PsN: JACKIE
21 

ing sure that people understand the transition to digital TV. You 

also talked about broadband in the rural areas. 

And so, I think you can see there is a real consensus on the Committee, on both Democratic—the Democratic and Republican side 

that we want to see those things happen. We want your attention 

put there. 

This $650 million I think that has been given to you in the stimulus package for coupon assistance is something that is important 

to us, and I just hope that you make sure that that is administered 

in a very transparent way. And so that we get out in those rural 

areas and get people taken care of. 

The other issue I wanted to mention, and you in particular, as 

a Governor, I think have this experience. You have many tribes in 

Washington. We do also in New Mexico. Senator Klobuchar does in 

Minnesota. There are many other states that have Indian tribes. 

They are really hurting in terms of economic development. They 

have been left behind in many, many areas, and I hope that your 

department will make that a top priority, working with the tribes, 

working with their economic development efforts. 

It is something that I hope will be done collaboratively. I know 

Ken Salazar shares the same feelings you do, over there at the Department of the Interior. And I think seeing Interior and the Department of Agriculture and the Department of Commerce and 

probably other departments working together would make a—could 

make a real difference on what is a very dire situation. 

Just to remind you, at least for my tribes, many of the Indian 

reservations in New Mexico have 50 percent unemployment. You 

know, if we had those kinds of numbers any place else across the 

country, we would call it an emergency. We would have an immediate response of Government that we would move out there and 

get some things done immediately. 

So I hope you take it with that urgency, and I have some other 

questions. Because we are limited here in terms of time and I have 

another commitment, I am going to submit those for the record. 

But I certainly wish you the greatest of success and look forward 

to working with you on all of the issues that your department covers, which have a big impact in New Mexico and across the West. 

Thank you. 

The CHAIRMAN. Thank you, Senator Udall. 

I am just going to make up a question here not off my time, 

which now goes to 5 minutes per person. And that is that you will 

respond to any and all questions that we pose to your department? 

Some departments are better than others. 

[Laughter.] 

The CHAIRMAN. And we have an investigations group. So I mean, 

we take—I serve, still do, on the Intelligence Committee, and we 

get no cooperation. And so, you have to do that. You have to hold 

out that subpoena power, or whatever it is. I assume we will never 

have to use it on you. But I just want you to know that we are 

going to be an aggressive committee, and we will be proud to be 

that way. 

My questions are—— 

Senator HUTCHISON. Mr. Chairman, opening statement? 

22 

The CHAIRMAN. It would probably be decent if you gave an opening statement. 

[Laughter.] 

STATEMENT OF HON. GARY F. LOCKE, SECRETARYDESIGNATE, U.S. DEPARTMENT OF COMMERCE 

Mr. LOCKE. Well, thank you very much, Chairman Rockefeller. 

And actually, maybe we could—I am even tempted to dispense 

with an opening statement and get right into your questions. But 

I will take this opportunity to make a few remarks. 

I want to thank you, Chairman Rockefeller and members of this 

Committee. I am truly humbled and honored to be here today, 

seeking your approval, seeking your confirmation as Secretary of 

Commerce. 

Over the past few weeks, I have had the opportunity to meet 

with most of the members of this Committee to discuss the need 

for a vibrant Department of Commerce, one that aggressively promotes American products, services, and ideas both here at home 

and abroad while protecting our environment. 

We share a common vision for this department—to be an engine 

of innovation, job growth, and economic renewal—and I look forward to working with all of you to achieve this vision, if confirmed. 

Mr. Chairman, I want to thank you, as well as the distinguished 

Ranking Member, Senator Hutchison, for the courtesies that you 

have shown me in the 3 short weeks since President Obama nominated me to be Secretary of Commerce. I appreciate how expeditiously you have moved this confirmation forward. 

I am particularly grateful to my two Senators from the great 

State of Washington, Senator Patty Murray and Senator Maria 

Cantwell. I want to thank them for their kind introductions. Over 

the years, I have worked closely with both Senator Murray and 

Senator Cantwell in the other Washington in our capacity as members of the State legislature and then once they came here to this 

Washington. 

We have been able to collaborate closely on the issues facing the 

people of Washington State and our Nation, and I am looking forward to the opportunity of serving with them again, but in this 

Washington. 

Mr. Chairman, even though he is not able to attend the hearing 

today, he did stop by earlier, and that is Senator Inouye, a great 

patriot who served our country valiantly in World War II, as did 

my father. He has been a great role model and inspiration to so 

many Asian Americans and Pacific Islanders. 

I also want to reintroduce again my wife, Mona, who is able to 

join me today. As First Lady for the State of Washington, she spent 

8 years tirelessly promoting the critical importance of early learning. That learning cannot wait until kindergarten, that really it 

starts from the time of birth. 

And she did this well before it was popular, and she is now doing 

a great job as Executive Director of the Puget Sound Susan G. 

Komen for the Cure Foundation, focusing on education, prevention, 

and research for breast cancer. 

Our children—Emily, Dylan, and Madeline—can’t be here today. 

But like all of the Locke family, they are very much a part of these 

23 

hearings. As has been mentioned, I am the son and the grandson 

of immigrants. My family’s history in this country dates back to 

more than 100 years. 

My grandfather came to the United States from China and 

worked for a family in the State capital of Olympia, Washington. 

He washed dishes, swept floors, and cooked meals in exchange for 

English lessons. He lived in a house just one mile from the Governor’s mansion. And when I was sworn in as Governor, I remarked that it took our family 100 years to travel that one mile. 

But our family’s story is really the story of millions and millions 

of Americans since the beginning of this great Nation. It is a story 

founded on the American promise of freedom, hope, and opportunity, and it is precisely those values that led me to come before 

you today, seeking your confirmation to be the Nation’s 36th Secretary of Commerce. 

The Department of Commerce touches ordinary American citizens in so many ways every single day. From the weather satellites 

to NOAA, to the global offices of the International Trade Administration, and from the laboratories of the National Institute of 

Standards and Technology to the many communities that benefit 

from the Economic Development Agency programs. 

Next year, as the Department conducts the 2010 Census, more 

than 1.2 million temporary Commerce employees will fan out 

across the country to provide a full and physical count of the American people. 

While the Department of Commerce has incredible depth and 

breadth, I want to provide a unifying mission. And if confirmed, I 

will develop an aggressive, integrated, agency-wide program to create and protect American jobs. 

The goal is simple—to carry out the President’s plan for economic 

recovery by focusing the Department of Commerce on saving American jobs and creating family-wage jobs for the future. We must 

look over the horizon and prepare for the new economy that will 

emerge when this recession passes. Simply put, we must rebuild, 

retool, and reinvent our national strategies for sustained economic 

growth. 

The Department of Commerce, as the President has noted many 

times, must be able to do multiple things all at once. And with the 

talented staff of the Department of Commerce, I know we can do 

all these things and, indeed, more. 

We must create public-private partnerships that bring together 

businesses, other Federal agencies, State and local governments, 

universities, and community-based organizations. And together, we 

will come up with innovative solutions to create jobs that are made 

in America and stay in America; to foster entrepreneurship and 

growth across all sectors of the economy; to deliver broadband to 

communities far and wide, urban and rural; to support innovation 

through cutting-edge, honest science; to protect our global ecosystem; and to reduce our Federal deficit by positioning the United 

States as a world leader in exports. 

In my home State of Washington, trade is the lifeblood of our 

economy. We are the most trade-dependent State in the Nation, 

with nearly one to every three to four jobs directly or indirectly tied 

to trade. And there has never been a more important time for this 

24 

country to have strong and fair trade partnerships around the 

world, partnerships that protect our national interests while opening the doors of prosperity to American businesses and raising the 

standard of living for developing countries. 

In both the public and private sectors, I have worked hard to 

open global markets for American-made goods and services. And 

more than free trade, though, I believe in fair trade. And this 

means we must enforce our trade agreements. And if confirmed, I 

will not only help negotiate complex trade agreements, I will enforce them. As a former prosecutor, I believe in vigorous and even 

enforcement of the law. 

The success of the Department of Commerce has never been 

more important to the economic success of America. It is my hope 

that you and the people of this great Nation will come to know the 

Department of Commerce as a champion of knowledge, innovation, 

and sustained economic growth. 

Mr. Chairman, thank you again for the opportunity to address 

this Committee. Should you confirm my nomination, I pledge, as 

Secretary, that I will continually and frequently inform and consult 

with the members of this Committee. 

I now look forward to your questions. Thank you. 

[The prepared statement and biographical information of Mr. 

Locke follows:] 

PREPARED STATEMENT OF HON. GARY F. LOCKE, SECRETARY-DESIGNATE, 

U.S. DEPARTMENT OF COMMERCE

Chairman Rockefeller, it is with a great sense of honor and humility that I come 

before you and the members of this Committee today. I want to extend my personal 

thanks to you and to the distinguished Ranking Member, Kay Bailey Hutchison, for 

the courtesies you have shown me. It has been just three short weeks since President Obama nominated me to be Secretary of Commerce and I appreciate the urgency with which you have moved this confirmation process. 

Over the past few weeks, I have had the opportunity to meet with members of 

this Committee to discuss the need for a vibrant Department of Commerce that aggressively promotes American products, services and ideas both at home and around 

the world. We share a common vision for this Department to be an engine for job 

growth and economic renewal. I look forward to working with all of the Committee 

members, if confirmed. 

I am particularly grateful to my two Senators—Patty Murray and Maria Cantwell—for their introductions. I have benefited from the sage wisdom of Senator 

Murray for many years and had the privilege of serving with Senator Cantwell 

when we were in the state legislature together. The people of Washington are proud 

to have two such able leaders representing us in the U.S. Senate. 

The honor of appearing before you today is compounded by the presence of one 

of my mentors, Chairman Daniel Inouye of Hawaii. Generations of Asian Americans 

and Pacific Islanders who choose to enter politics have him to thank for blazing the 

trail for all of us. Senator, you are a great role model and I offer you my most profound ‘‘Mahalo.’’ 

I’d like to introduce the members of this Committee to my wife, Mona, who joins 

me today. As First Lady for the State of Washington, she spent 8 years advocating 

for issues relating to children and families. She continues her advocacy to this day 

as Executive Director of the Susan G. Komen for the Cure’s Puget Sound affiliate, 

where she has been a leading voice in the fight to cure breast cancer. 

My children—Emily, Dylan and Madeline—cannot be here today, but like all of 

the Locke family, they are very much a part of these hearings. You see, I am the 

son and the grandson of immigrants. My family’s history in this country dates back 

more than a century when my grandfather emigrated from China to Olympia, 

Washington. He got a job as a ‘‘house boy’’ for a family whose home still stands, 

just one mile from the Governor’s mansion. During my tenure as Governor, it was 

never lost on me that it took my family 100 years to travel that one mile. 

25 

That journey—like the journeys of so many immigrant families—was possible because of the opportunities we were afforded in this land. 

• My grandfather received an education because his employers chose to teach 

him. 

• My father, who fought for our country on the beaches of Normandy, was able 

to come home from the war and support his family through his grocery store 

because of the value this country places on entrepreneurship. 

• And I was able to become the first Asian American Governor on the mainland 

because of the sons and daughters of Italian and Russian immigrants and African Americans who had been elected to represent Washington State before me. 

They didn’t just make history for themselves and their communities. They 

opened doors of possibility for all of us. 

My family’s story—and the stories of all those other families—is embedded in the 

values that make America great. And it is precisely those values that lead me to 

come before you today seeking your confirmation to be the Nation’s 36th Secretary 

of Commerce. 

My goal is simple: to carry out the President’s plan for economic recovery by putting every part of the Department of Commerce single-mindedly to work on saving 

American jobs and creating the jobs of the future. 

The Department of Commerce touches ordinary American citizens in ways obvious 

and obscure every day—from the weather satellites of NOAA to the global offices 

of the International Trade Administration and from the laboratories of National Institute of Standards and Technology to the many communities that benefit from 

Economic Development Agency grants. 

Next year, in the conduct of the decennial Census, more than 1.2 million temporary Commerce employees will fan out across the country to provide a full, accurate and physical count of the American people. Mr. Chairman, as you know, I’m 

a stickler for accuracy. The Census only happens once every 10 years and we need 

to get it right—no exceptions, no excuses. That is why it will be run out of the Department of Commerce and by a Director who will work with the Congress, the Administration and our state and local leaders to make sure you and they are involved 

every step of the way in making this a successful count. 

We meet at a time of great challenges for the Department. The ongoing transition 

to digital television, the looming 2010 Census and the critical role the Department 

will play in the economic recovery—all create a sense of urgency. I think urgency 

is a good thing because it lets the people at the Department of Commerce know that 

their work has never been more important and that we must solve the immediate 

challenges we face. 

At the same time, I want to make sure we don’t allow the urgent to crowd out 

the important: 

• Setting a foundation for long-term economic growth and job creation is important. 

• Improving weather forecasting is important. 

• Managing our fishing industry responsibly is important. 

• Reducing the backlog of patent applications is important. 

We must look over the horizon and prepare for the new economy that will emerge 

when this recession passes. Simply put, we must re-build, re-tool and re-invent our 

national strategies for sustained economic success. The Department of Commerce, 

as the President has noted many times, must be able to do multiple things at once. 

I believe we can. 

When the high tech bubble hit Washington State, we pressed forward with a series of smart policy initiatives that set us up for future growth and created incentives to drive economic expansion. And we set a laser focus on attracting and developing the next generation of innovative and emerging industries. We came out of 

that period stronger, healthier, and better prepared to embrace economic change. 

That is the kind of leadership I hope to bring to the Department of Commerce. 

Already, the Department holds key tools our Nation needs: 

• To lead the world in innovation, science and technology, 

• To boost exports by promoting American products and working with American 

businesses, 

• To ensure the health of our oceans and combat climate change, 

• To create new, energy-efficient businesses and green jobs, and 

• To strengthen our ability to compete in a global economy. 

26 

Now, these tools, which have been too long ignored and fragmented, must become 

effective solutions to implement the President’s vision of job growth and economic 

renewal. 

Mr. Chairman, as you and the members of this Committee know, I started my 

political career as a legislator. I felt then, as I later did as Governor, that government works best when there is a true and open partnership between the executive 

and legislative branches. Should this Committee confirm my nomination, I pledge 

that as Secretary, I will follow a collaborative path to inform, cooperate with and 

seek advice from this Committee. 

We can create public-private partnerships that bring together businesses, other 

Federal agencies, state and local governments, universities, and community-based 

organizations. Together we will come up with innovative solutions to: 

• Create jobs that are made in America and stay in America, 

• Foster entrepreneurship and growth across all sectors of the economy, 

• Deliver broadband to communities far and wide, 

• Support innovation through cutting-edge, honest science, 

• Protect our global ecosystem, and 

• Reduce our Federal trade deficit by positioning the United States as a world 

leader in exports. 

I hail from the ‘‘other Washington’’ where trade is the lifeblood of our economy. 

We are the most trade dependent state in the Nation with more than one in four 

jobs in our state either directly or indirectly tied to trade. There has never been a 

more important time for this country to have strong trade partnerships around the 

world—partnerships that protect our national interests while opening the doors of 

prosperity to American business. As a Governor and an attorney, I have worked 

hard to open markets in Asia to American businesses. 

More than free trade, though, I believe in fair trade. That means we must enforce 

our trade agreements and place a high value on environmental, labor and safety 

standards. As a former prosecutor, I believe in enforcing the law. It is pointless to 

negotiate complex trade agreements if we don’t intend to enforce them. If I am confirmed for this position, I will. 

The success of the Department of Commerce has never been more important to 

the success of the United States. It is my hope that, in years to come, the constituents and workers will come to think of this as the Department of Commerce and 

Innovation. Sustained and sustainable economic success is dependent on America 

maintaining its global leadership in innovation. Innovation drives productivity and 

collaboration; it allows mature companies to do better and new businesses to be 

formed. It offers opportunities for workers to use new skills in creative ways. It sustains communities as they create their own competitiveness strategies. I intend to 

integrate the work of the Department of Commerce toward a strategy of knowledge, 

innovation and sustainable economic growth. 

Together, we will energize the Department of Commerce. We will include the 

American people in rebuilding the economy. And we will say to the world, as clearly 

as possible, that America is open for business, once again. 

Mr. Chairman, I thank you again for the opportunity to address this Committee. 

I look forward to your questions. 

A. BIOGRAPHICAL INFORMATION

1. Name (Include any former names or nicknames used): Gary Locke. 

2. Position to which nominated: Secretary of Commerce. 

3. Date of Nomination: March 16, 2009. 

4. Address (List current place of residence and office addresses): 

Residence: Information not released to the public. 

Office: 1201 Third Ave., Suite 2200, Seattle, WA 98101. 

5. Date and Place of Birth: January 21, 1950; Seattle, Washington. 

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). 

Mona Locke (Spouse), Executive Director, Puget Sound Susan G. Komen For 

The Cure; children: Emily Locke, 12 years; Dylan Locke, 10 years; Madeline 

Locke, 4 years. 

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

27 

*Relate to Nominated Position. 

Yale University, Bachelor’s Degree, Political Science, 1972. 

Boston University, LLD, 1975. 

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. 

Partner, Davis Wright Tremaine LLP, Seattle, WA. 

*Governor, State of Washington, 1997–2005. 

*King County Executive, King County Washington, 1994–1997. 

*Representative, State of Washington House of Representatives, 1983–1994. 

*Chair, Appropriations Committee, State of Washington House of Representatives. 

*Attorney, Economic Development Manager, Pacific Northwest Bell, 1986–1989. 

Attorney, Seattle Human Rights Dept., 1981–1983. 

Prosecuting Attorney, King County Washington, 1976–1980. 

Attorney, Garvey, Schubert & Barer, Sept. 1984 to Dec. 1984. 

Attorney, Washington State Legislature, Jan. 1981 to May 1981. 

Legal Intern, King County Prosecutor’s Office, June 1974 to Aug. 1974. 

9. Attach a copy of your resume. See Attachment 1. 

10. List any advisory, consultative, honorary, or other part-time service or positions with Federal, State, or local governments, other than those listed above, within the last 5 years. 

Port of Seattle Funding Policy and Strategic Planning Committee, Fall 2008. 

Washington State Life Sciences Discovery Fund, Trustee, 2005–present. 

11. List all positions held as an officer, director, trustee, partner, proprietor, 

agent, representative, or consultant of any corporation, company, firm, partnership, 

or other business, enterprise, educational, or other institution within the last 5 

years. 

Davis Wright Tremaine LLP, Seattle, WA, Partner. 

Safeco Inc., Seattle, WA, Director, 2005–2008. 

mInfo Inc, Seattle, WA, Director, 2005–present. 

Key Technology, Walla Walla, WA, Director, 2008–present. 

Blue Marble Energy, Seattle, WA, Advisor, 2008–present. 

General Biodiesel, Seattle, WA, Advisor, 2008–present. 

Waggener Edstrom, Bellevue, WA, Advisor, 2007–present. 

Q-Tires, Greenville. SC, Advisor, 2008–2009. 

Eden Rock, Seattle, WA, Advisor, 2008–present. 

Mountains to Sound Greenway Trust, Seattle WA, Trustee, 2005–present. 

Digital Learning Commons, Seattle, WA, Trustee, 2005–present. 

Fred Hutchinson Cancer Research Center, Seattle, WA, Trustee, 2006–present. 

Seattle Art Museum, Seattle, WA, Trustee, 2006–present. 

5th Avenue Theatre, Seattle, WA, Trustee, 2006–present. 

College Success Foundation, Issaquah, WA, Trustee, 2006–present. 

Life Sciences Discovery Fund, Seattle, WA, Trustee. 

Co-Founder, America’s Opportunity Fund PAC, 2005. 

12. Please list each membership you have had during the past 10 years or currently hold with any civic, social, charitable, educational, political, professional, fraternal, benevolent or religious organization, private club, or other membership organization. Include dates of membership and any positions you have held with any organization. Please note whether any such club or organization restricts membership 

on the basis of sex, race, color, religion, national origin, age, or handicap. 

Committee 100, Member, 2005–present. 

13. Have you ever been a candidate for and/or held a public office (elected, nonelected, or appointed)? If so, indicate whether any campaign has an outstanding 

28 

debt, the amount, and whether you are personally liable for that debt: Yes. No outstanding debts. 

14. Itemize all political contributions to any individual, campaign organization, 

political party, political action committee, or similar entity of $500 or more for the 

past 10 years. Also list all offices you have held with, and services rendered to, a 

state or national political party or election committee during the same period. 

Bruce Harrell, Seattle City Council, 10/03/2007, $500. 

Page Miller, Seattle City Council, 10/21/2005, $500. 

Peter Goldmark, Congress, 11/04/2006, $700. 

Democratic National Committee, 11/17/2000, $500. 

Obama Victory Fund, 10/08/2008, $2,000. 

William Sherman, State Representative, 09/13/2007, $500. 

Terry Bergeson, WA Superintendent of Public Instruction, 10/23/2008, $500. 

Asian-American Leadership Council—Obama for America, 2008. 

Surrogate, Kerry/Edwards Presidential Campaign, 2004. 

Chair, Democratic Governors Association, 2003–2004. 

Vice-Chair, Democratic Governors Association, 2001–2003. 

Surrogate, Gore/Lieberman Presidential Campaign, 2000. 

15. List all scholarships, fellowships, honorary degrees, honorary society memberships, military medals, and any other special recognition for outstanding service or 

achievements. 

Boston University, Honorary Dr. of Law. 

Eastern Washington University, Honorary Dr. of Law. 

University of Puget Sound, Honorary Dr. of Law. 

Seattle University, Honorary Dr. of Law. 

Peking University, Honorary Dr. of Law. 

16. Please list each book, article, column, or publication you have authored, individually or with others. Also list any speeches that you have given on topics relevant to the position for which you have been nominated. Do not attach copies of 

these publications unless otherwise instructed. 

Columns: 

Bellingham WA Herald, Initiative 1000 Pro: Allow the Dying to Chart Their 

Own Destiny, 10/25/2008. 

Seattle Post Intelligencer, The Triumph of Terry Bergeson, 10/14/2008. 

Puget Sound Business Journal, Research and the Ecosystem of Innovation, 

3/14/2008. 

Seattle Times, Helping Working Families a Good Deal for Everyone, 3/03/2008. 

Seattle Times, Reject Bigger Noisier Viaduct, 2/27/2008. 

Seattle Times, Former Governors Call For Tougher Gun Safety Laws, 4/06/2006. 

Seattle Times, I–330s Damage Limits Won’t Lower Insurance Rates, 10/26/2005. 

Speeches: 

China International Food Safety and Quality Conference and Expo, Beijing, 

China, September 24–25, 2008, Subject: Food Safety. 

Western Pension Benefits Spring Conference, April 23, 2008, Subject: 

Globalization Microsoft Corp., Seattle, WA, November, 19, 2007, Subject: U.S.- 

China Internet Forum. 

Clearpoint’s Global Business Symposium, Seattle, WA, May 2007, Subject: 

Globalization. 

BOAO Forum for Asia Annual Conference, Hainan, China, April 2007, Subject: 

Climate Change. 

Law Seminars International Conference, Seattle, WA, December 2006, Subject: 

Intellectual Property Issues in China. 

NW Food Manufacturers and Packaging Expo, Portland, OR, January, 18, 2006, 

Subject: Keynote Address. 

Washington State Bar Assoc. Corporate Law Dept. Quarterly Dinner, Seattle, 

WA, June 21, 2005, Washington Business and the Global Economy. 

29 

Government Leaders Forum, Beijing, China, April 2007, Subject: Technology in 

Education. 

17. Please identify each instance in which you have testified orally or in writing 

before Congress in a governmental or non-governmental capacity and specify the 

date and subject matter of each testimony. 

U.S. House of Representatives, Spring, 1996, regarding negative impacts of professional sports franchises (namely Seattle Seahawks) leaving/abandoning communities. 

U.S. Senate, Spring, 2001, regarding West Coast Crisis and urging wholesale 

electricity price caps. 

U.S. House of Representatives, Committee on Government Oversight and Reform, July 1998. Deposition before committee staff on Chinese political fundraising efforts in the United States. 

18. Given the current mission, major programs, and major operational objectives 

of the department/agency to which you have been nominated, what in your background or employment experience do you believe affirmatively qualifies you for appointment to the position for which you have been nominated, and why do you wish 

to serve in that position? 

I wish to serve as Secretary of Commerce because I believe there is a vital role 

for the Department of Commerce in our economic recovery. The unique strengths 

of the department and its talented public servants make it a natural agency to serve 

as the catalyst for America’s economic recovery and resurgence. The Department of 

Commerce can play a vital role in renewing our Nation’s place as the forefront of 

innovation—in green jobs, energy independence, while at the same time we restore 

our position of respect in the world. 

In this regard, I believe I bring the necessary experience to reenergize the Department of Commerce to become this new center of innovation for our Nation, and engage in a new economic diplomacy with the world. 

As a two-term Governor of the Nation’s most trade-dependent state, I broke down 

trade barriers around the world to advance American products. For the past 4 years, 

I have been a successful business advocate and adviser, helping U.S. companies 

break into international markets, particularly in Asia, and expand their international business. 

I bring broad and diverse trade and economic development leadership experience 

in the public and private sectors and have worked closely with business, labor and 

government at all levels to successfully negotiate complex issues. 

I have a strong record of effectively working across party lines to find common 

ground and solve intractable problems. During my tenure as Governor, Washington 

State was recognized as one of America’s five best managed states by Governing 

Magazine, and as the most Digital Government in America. 

To open doors for Washington State businesses, I led 10 highly productive trade 

missions to Asia, Mexico and Europe, significantly expanding the sales of Washington products and services. I successfully fostered economic relations between 

China and Washington State. My visits are credited with introducing Washington 

companies to China and helping more than double the state’s exports to China to 

over $5 billion per year. I also opened a Washington State trade office in Germany 

to advance trade relations with European countries. 

I firmly believe in the creativity and productivity of the American worker. As 

America’s Secretary of Commerce, I will hold firm to the measuring stick laid out 

by President-Elect Obama—‘‘Are we creating good jobs, instead of losing them? Are 

incomes growing, instead of shrinking?’’ 

In conclusion, I do not claim to know everything about Commerce. But, I will 

reach out to members of the Senate and House, and others with a deep knowledge 

inside and outside of the agency. As anyone who has worked with me will attest, 

I’m never satisfied from pat answers and refuse to depend on briefing book solutions. I have always been determined to understand where people are coming from, 

what they hope for, and what I can do to help. I believe that is our responsibility 

as public servants, and as a democratic government. 

19. What do you believe are your responsibilities, if confirmed, to ensure that the 

department/agency has proper management and accounting controls, and what experience do you have in managing a large organization? 

The responsibility of the Department of Commerce is to serve the American people by implementing the agenda of the President and the Congress as it relates to 

job creation, economic growth, sustainable development and improved living standards. As a person with extensive experience at the Cabinet level and having run 

30 

a state, I know first hand what it takes to turn a large government bureaucracy 

into a highly functioning arm of the people. I’ll seize this opportunity by: 

(1) Establishing a clear and ambitious strategic vision. This is where great leadership starts. We will make sure that everyone in the department wakes up 

with a sense of exactly where we are going as a team and what we must achieve 

together. People provided with unambiguous goals and vision will be more inspired and effective contributors to the team. 

(2) Recruiting, appointing and retaining great personnel talent. The American 

government ought to be staffed and run by the top talent that the Nation has 

to offer. We will be reaching out across business, government and academia to 

find the best and brightest—people with a great contribution to make to our future. We will seek out those who are motivated by the desire to make a difference. The country is hungry for change and I want people at Department of 

Commerce hungry to contribute to that change. 

(3) Demanding excellence and accountability from everyone in the Department. 

Excellence does not happen by accident. Excellence happens when it is expected 

in everything an organization does. Our standards must be high because Americans have the right to demand the best. They also demand accountability. I am 

committed to putting in place cutting edge best management practices to assure 

we achieve both excellence and accountability from every person in the department. 

(4) Seeking advice and input out from a diversity of experts and stakeholders; 

including those who disagree philosophically or ideologically with our programs 

and direction. Listen. Listen. Listen. No mantra has been more important to my 

success as a legislator or executive. Decisions are no better than the information, ideas and arguments which serve to inform them. My staff will be highly 

accessible to anyone with a great idea. 

(5) Creating a team environment. You can’t effectively manage a department as 

large, diverse and complex without creating strong teams from top to bottom 

and without creating a department-wide sense of belonging to a larger team. 

This will be a huge priority for me. 

20. What do you believe to be the top three challenges facing the department/ 

agency, and why? 

Overall, economic recovery is the number one priority for the Department of Commerce. This agency can, must and will play a key role in planning and executing 

the President’s economic plan. As President-Elect Obama has stated ‘‘the Department of Commerce must and will be an unyielding advocate for American business 

and American jobs, at home and around the world.’’ 

In specific, I believe there are three immediate challenges facing the Department: 

• 2010 Census: The 2010 Census currently runs the risk of being less accurate 

than 2000, and is at risk of significant operational failure. 

• Digital TV Conversion: The Department will face an immediate challenge in addressing the conversion to digital television signals scheduled for February 17, 

2009. Should the conversion not be managed effectively, many households may 

be without television reception for an extended time. 

• Reliability of weather and climate forecasting: NOAA’s polar satellite program 

is currently over budget, sensors are behind schedule, and there is a risk that 

nothing will be launched before the old satellites stop working, leaving a major 

gap in critical weather forecasting and information. 

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. 

Washington State Retirement Systems, Washington State Pension. 

Davis Wright Tremaine 401(k) retirement plan (no contributions are made by 

the firm). 

2. Do you have any commitments or agreements, formal or informal, to maintain 

employment, affiliation, or practice with any business, association or other organization during your appointment? If so, please explain: None. 

3. Indicate any investments, obligations, liabilities, or other relationships which 

could involve potential conflicts of interest in the position to which you have been 

nominated: Microsoft Stock. 

31 

4. Describe any business relationship, dealing, or financial transaction which you 

have had during the last 10 years, whether for yourself, on behalf of a client, or 

acting as an agent, that could in any way constitute or result in a possible conflict 

of interest in the position to which you have been nominated. 

Microsoft, Weyerhaeuser, and other past clients while at the law firm of Davis 

Wright Tremaine LLP. All such clients have been disclosed to the U.S. Office of Government Ethics and the Department of Commerce, Office of General Counsel, Ethics 

Division. 

5. Describe any activity during the past 10 years in which you have been engaged 

for the purpose of directly or indirectly influencing the passage, defeat, or modification of any legislation or affecting the administration and execution of law or public 

policy. 

In 2006 I assisted Capital Imaging LLC, dba as Upright MRI of Seattle, in meeting with officials of the Washington State Department of Labor and Industries to 

resolve reimbursement matters and to seek eligibility for future reimbursement for 

medical procedures using new MRI technology. 

6. Explain how you will resolve any potential conflict of interest, including any 

that may be disclosed by your responses to the above items: Will be governed by 

Federal and Commerce Department ethics rules. 

C. LEGAL MATTERS

1. Have you ever been disciplined or cited for a breach of ethics by, or been the 

subject of a complaint to any court, administrative agency, professional association, 

disciplinary committee, or other professional group? If so, please explain. 

WSBA File No. 05–00905, June 7, 2005, Current Status: Closed. 

Mr. Locke’s law firm was retained to represent plaintiffs in a lawsuit contesting 

the results of Washington State’s 2004 gubernatorial election, but Mr. Locke did not 

participate in the case. The grievance alleged that, prior to trial, Mr. Locke improperly made a public statement that was inconsistent with the clients; position and 

the statement was reported in the news media. Disciplinary Counsel dismissed the 

grievance due to insufficient evidence that the firm’s representation of the clients 

may have been materially limited by Mr. Locke’s responsibilities to a third person 

or his own interests. The grievant protested the dismissal and a Review Committee 

of the Disciplinary Board affirmed the dismissal on May 6, 2006. 

WSBA File No. 06–00693, April 27, 2006, Current Status: Closed. 

Grievant alleged that, as a member of a corporation’s Board of Directors, Mr. 

Locke violated Federal law by approving certain corporate actions which benefited 

a corporate officer who was running for public office. Similar allegations had been 

brought before the Federal Election Commission and in a shareholder suit in U.S. 

District Court, neither of which found any violation. Disciplinary Counsel dismissed 

the grievance on May 1, 2007 due to insufficient evidence of misconduct. 

WSBA File No. 08–00920, June 10, 2008, Current Status: Closed. 

The grievant alleged that, as Governor, Mr. Locke had taken an improper policy 

position on a legislative and budgetary matter that was later the subject of a lawsuit. Disciplinary Counsel dismissed the grievance due to insufficient evidence of 

misconduct. The grievant protested the dismissal and a Review Committee of the 

Disciplinary Board affirmed the dismissal on September 23, 2008. 

July–December 1997 Enforcement Actions 

Gary Locke: A complaint was filed against the 1996 Gary Locke Campaign alleging violations of RCW 42.17.060(1) for failing to timely deposit monetary contributions, RCW 42.17.060(5) for accepting currency contributions in excess of $50 without obtaining a receipt, and RCW 42.17.080 and .090 for failing to timely report 

names and addresses of contributors. The parties entered into a stipulated agreement. The Commission accepted the stipulated agreement, and assessed a penalty 

of $2,500. 

Comments from the Locke Campaign—these contributions were not properly reported by campaign. Upon discovery of this error, the campaign worked closely with 

the Public Disclosure Commission to correct the situation. 

January–June 1998 Enforcement Actions 

Gary Locke for Governor Committee: An investigation was conducted into allegations that the Gary Locke for Governor Committee violated RCW 42.17.120 and .640 

by reporting that it had received contributions from members of a Buddhist Temple 

and that the members did have the financial resources to contribute the funds. The 

allegations charged that the funds were from a single contributor. The investigation 

determined that the funds were contributed by the individual members as reported 

by the Committee. The Commission dismissed the complaint. 

32 

2. Have you ever been investigated, arrested, charged, or held by any Federal, 

State, or other law enforcement authority of any Federal, State, county, or municipal entity, other than for a minor traffic offense? If so, please explain: No. 

3. Have you or any business of which you are or were an officer ever been involved as a party in an administrative agency proceeding or civil litigation? If so, 

please explain. 

In my capacity as elected King County Executive, I was named as a defendant 

by the plaintiff, Sonia Soelter, a politically exempt employee, in her case against the 

County, claiming I terminated her upon my taking office because of her sex and disability (pregnancy) and political affiliation (Republican). The trial court dismissed 

the lawsuit in a published opinion and was affirmed by the 9th Circuit Court of Appeals. 

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: See answer to question C3 above. 

6. Please advise the Committee of any additional information, favorable or unfavorable, which you feel should be disclosed in connection with your nomination: 

None. 

D. RELATIONSHIP WITH COMMITTEE

1. Will you ensure that your department/agency complies with deadlines for information set by Congressional committees? Yes. 

2. Will you ensure that your department/agency does whatever it can to protect 

Congressional witnesses and whistle blowers from reprisal for their testimony and 

disclosures? Yes. 

3. Will you cooperate in providing the Committee with requested witnesses, including technical experts and career employees, with firsthand knowledge of matters 

of interest to the Committee? Yes. 

4. Are you willing to appear and testify before any duly constituted committee of 

the Congress on such occasions as you may be reasonably requested to do so? Yes. 

33 

ATTACHMENT 1


318LOCKE1.eps
34 

The CHAIRMAN. Thank you, Governor. 

That last statement was so important because Secretaries often 

say that and then fail to follow up on it. That is keeping in touch. 

That is not just them, but their chief lieutenants. It is extraordinarily important to us, to our staffs, to be in close touch. 

I don’t believe we should write our own bills all on our own. I 

think we should cooperate with you, get your input. But that really 

does put an emphasis on cooperation back and forth. 

I am going to give you two questions at once. The census is just 

overwhelming. You mentioned at the beginning 1.3 million. It is 

the largest undertaking that our Government undertakes every 10 


318LOCKE2.eps
35 

years, and the Congress has declared the census an emergency. We 

have given it $11 billion. The GAO has placed the decennial at the 

top of their list of high-risk Government enterprises. 

Despite these challenges, the OMB and the Department have seriously underfunded paid advertising, which is necessary to get 

people alert. And this all has to take place on April 1, 2010. So, 

I mean, the clock has been running as we have all been waiting, 

and it is a real challenge. 

So there are some who actually think that it won’t happen. It 

won’t finish on time, which will feed into my next question, the 

DTV. But I am interested in the level of your confidence and what 

your program is to make sure that the census is taken. There is 

a lot of conflict about the census, and it is a very harmful conflict 

to the fabric of our Nation. And so, it must be done properly, and 

it rests on your watch. 

The second is DTV. As the Ranking Member pointed out, it ends 

on June 12, and she was kind enough to agree to extend it to June 

12. That is not much time. And the range of people who are not 

covered by DTV, not all of them choose to be covered by DTV, is 

enormous. Go from 10 million to 16 million houses. And so, it is 

a crisis. 

So how do you use resources provided in the stimulus package 

to make certain that no consumers are left behind? I am obviously, 

coming from West Virginia, very, very sensitive to those who are 

caught in the hollows and the creek beds of a state which is only 

4 percent flat and 96 percent mountainous. It makes it very difficult, and my interest, obviously, is very keen. 

Can you assure people that they will receive the coupons they 

need in a timely manner? That is a hard question, I would think, 

to answer. Can you pledge to be more forthcoming with information 

to both Congress and to the American people, to bring the American people, frankly, into this debate? I think that is one of our biggest problems right now is we understand it here. They don’t understand it at all out there. 

And what is the NTIA doing to ensure that enough boxes will be 

available and that there are no regional shortages, particularly in 

smaller communities? So I would ask you those two questions. 

Mr. LOCKE. Thank you very much, Mr. Chairman. 

First of all, with respect to the census, it is an issue that goes 

back to the founding of our country. And in fact, the first Presidential veto in America was over the census and a big source of debate between Hamilton and Jefferson, and even President Washington was disappointed in the count and thought that it was an 

underreporting. 

With respect to the census, I know there are many members of 

the Committee that have raised that. Let me first assure you right 

off the bat that the President has assured me that the Director of 

the Census will report to me. And of course, I ultimately report to 

the President. 

But that there will always be consultation and information 

shared with the White House and with the Members of Congress 

because everyone has an interest in a full and accurate and proper 

conducting of the 2010 Census. And I pledge to do that. 

The CHAIRMAN. But that doesn’t answer my question. 

36 

Mr. LOCKE. No. Let me address the issue of are we capable of 

doing it? We are going to have—we are starting behind, and the 

GAO report has documented some failures of acquisition in technology, a whole host of management challenges that we face, and 

we are going to have to devote extraordinary efforts to this. And 

I intend to be personally involved in overseeing this and getting 

the right people in place and making sure that we catch up and 

that we work on this with absolute vigor. 

We are going to have to employ very creative methods of public 

outreach, getting the message out to people how important this is 

and the impact this has to their communities in terms of Federal 

assistance. We are going to have to be very creative in the use of 

technology to get the word out, to expedite it, and to be efficient 

as possible because time is running out. As you said, the count 

must be made on April 1, 2010. 

With respect to the management challenges that we face, and it 

gets to the issue of how are we able to deliver, and can we deliver? 

And I want to thank you and the Ranking Member for your leadership in extending the deadline on digital television. We will not be 

seeking additional funds, nor will we be seeking an extension beyond the June 12 deadline. 

But let me just say that in just the last several weeks, thanks 

to the leadership and the funding provided by the Congress, we 

had a backlog of some 4 million coupons representing some over 2 

million households. We are on track to have that backlog completely eliminated by next week, and we are using first-class postage to get those coupons out. We have a concerted effort, working 

with the FCC, to get the word out. 

And quite frankly, I have to tell you that I think the public service announcements and the education to the American people has 

not been all that clear so far. I can tell you that up until just about 

a month or so ago, I was not even aware of the full implications 

of this conversion. Most people who are affected don’t understand 

what digital or analog television is. And it wasn’t until my brotherin-law told me, because he relies on rabbit ears, what this all 

meant to him. 

I think that the public service announcements and the education 

messages have to be crystal clear that if you rely on that antenna 

on the roof of your house or rabbit ears, you are affected. We have 

to be very, very clear so that the people who are impacted understand this, using plain English in our broadcasting. 

We are also trying to work with the people to make sure that any 

lapsed coupons that they have, that they know that they can be reissued these coupons. And again, we believe that we can process all 

of these applications after next week after the backlog has been 

completely eliminated. We can have a turnaround time of less than 

10 days with respect to sending out the coupons to any and all people who want it. 

But we have got to do a better job of still informing the American 

public as to the consequences and the implications of this conversion and of the availability of services. 

The CHAIRMAN. So you really are confident that we can get this 

done? 

37 

Mr. LOCKE. I am confident with the resources that have been 

provided—thanks to the leadership of you and the Ranking Member—and the funds provided, we will get the job done. 

The CHAIRMAN. And do you have in mind a management team? 

Mr. LOCKE. We do have a management team already working on 

this, and I have been meeting with them already informally. They 

have been giving me progress reports on what has been happening. 

And I believe that with the new funding and with the new emphasis on clearing out the backlog, working with the FCC to reach people who still may not have heard about it, that we will, first of all, 

take care of the backlog and reach out to people who still have not 

applied for coupons. 

The CHAIRMAN. Thank you very much, Governor. 

Senator Hutchison? 

Senator HUTCHISON. Thank you very much. 

Governor Locke, I want to have a clear statement on the record 

regarding the census, and you have stated that it will be in the Department of Commerce and that you will share information with 

both Congress and the White House. 

Let me ask you, when we talked, you said that you believed that 

it must be absolutely accurate and that you believe in counting actual individuals at the correct locations and did not think that we 

should use statistical sampling. Is that your position, and would 

you elaborate, if you would like to, on your own position? 

Mr. LOCKE. Thank you, Senator. 

The Supreme Court has made it very clear that statistical sampling is not permissible for apportionment purposes. That is the 

law. We will enforce the law. That is the position, plain and simple. 

Statistical sampling is used with respect to determining accuracy, to determine whether or not we need to do a better outreach 

with specific communities or parts of the country. And in fact, we 

also have a long form and a short form that gets into some of the 

demographic detailing and profiling of the American population, 

American families. That is a method of sampling just to find out 

income levels and et cetera, et cetera. 

But again, for the purposes of the census as we all understand 

it, the apportionment, statistical sampling will not be used by the 

Department of Census. 

Senator HUTCHISON. Thank you. I think that is clear, and I think 

it is the expectation of all of us that the actual count is what we 

would be interested in assuring, and I think we are together on 

that. And I thank you for the clear position that you took, both 

with me privately and here. 

Second, on the issue of DTV, I think that all of us have talked 

about it, and you have said that you will make it happen. However, 

I want to say that I am concerned that we haven’t had a nominee 

put forward yet to lead the NTIA, your Assistant Secretary position. 

And I wanted to ask you if you are going to address that, if you 

can tell us today that you have a nominee in mind? Where do we 

stand on having the actual person in charge of the DTV transition 

to come before us? 

Mr. LOCKE. I can tell you that we do have a nominee in mind. 

That person is being reviewed by the White House. 

38 

But I want to say that we also have a Deputy Assistant Secretary at NTIA who is helping lead this, and we also have already 

put in place or the Department has put in place mechanisms for 

oversight with respect to a lot of these projects, not just digital television conversion, but a lot of the Federal stimulus dollars for 

broadband. 

And they have an intragency team overseeing this, working with 

the Inspector General’s office that cuts across the department and 

is on top of these very large funding projects where the Congress 

and the American people and the Administration have expectations 

of getting these dollars out quickly, but with results. And so, we 

can talk more about that. 

But with respect to digital television, we do have a Deputy Assistant Secretary at NTIA that I have great confidence in who is 

very familiar with these projects, who brings an incredible level of 

energy and management oversight. And so, while we don’t have an 

Assistant Secretary for NTIA that has been officially announced or 

nominated yet, the Department is moving forward. 

We also have incredible professionals in the Department. Secretaries come and go, and a lot of these political appointees come and 

go, but there is a great deal of pride and expertise within the Agency, and we are harnessing them, or at least the Deputy Assistant 

Secretary for NTIA is harnessing them and already working with 

stakeholders to get this job done. 

Senator HUTCHISON. Governor Locke, I have introduced twice in 

two different Congresses bills to increase the research and the data 

that we have on the violence of the weather as in more significant 

hurricanes and also, as I mentioned earlier, the surge issue that 

really has come, I think, in very recent times to cause the most destruction, which would be Katrina and Ike. 

In addition to that, I think we used to gather the information regarding the change in weather patterns where there had been 

cloud seeding and other weather modification efforts. But that was 

actually stopped years ago, back in the 1980s. 

My question to you is, where do you think we can most effectively begin to gather this data and begin research? My hope and 

my original thought is that it would be in NOAA. And if you have 

any thoughts about the best place to do it, and would you work 

with me to develop this legislation going forward so that we can 

achieve this? 

We did not have the support in the past from the Administration 

for the Department of Commerce. And I think that is where it 

would logically stand. So my question to you is what do you think? 

And would you work with me to achieve the right result? 

Mr. LOCKE. Well, thank you, Senator. We chatted about this 

when I first met with you several weeks ago. 

I do believe that NOAA is the appropriate place for this research 

and data collection. It is a natural extension of the work that they 

do now with respect to weather, as well as the oceans. Several people have mentioned the impact of the surge of seawater after hurricanes, and given the fact that NOAA does that research, it is a natural extension of their capability, their expertise. 

And we must, in fact, gather more data and engage in more research with respect to all of our weather patterns, to understand 

39 

whether or not modification of weather in one region affects what 

the weather would have been in another part of the United States 

and making sure that whatever modification efforts there are at 

weather do not hamper and have dire consequences for the weather 

of another part of the region because communities depend on that, 

whether it is water for irrigation, water for fish or recreation, and 

for drinking water for people. 

And so, I very much support that type of research and data collection, would look forward to working with you on the legislation 

that you might develop. 

Senator HUTCHISON. Thank you. Thank you, Governor. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you, Senator Hutchison. 

Senator Cantwell? 

Senator CANTWELL. Thank you, Mr. Chairman. 

Governor Locke, over the years, I have asked several nominees 

to the Secretary of Commerce how they plan to stop the flow of 

counterfeited goods entering into the U.S. or counterfeiting of U.S. 

products like software, videogames, or CDs that remain a huge 

problem for us in protecting our intellectual property. What do you 

think that the Department of Commerce should be doing in this effort? 

Mr. LOCKE. Well, first of all, thank you, Senator Cantwell, for 

that question. I have long been, in the public sector as well in the 

private sector, focusing on those issues of intellectual property protection, especially as it affects American companies abroad. 

When you go to other countries and as one of the other Senators 

noted, you suddenly see a DVD of an American movie that was just 

released the other day. That is taking away money from American 

companies and taking away money that otherwise could go into 

wages for the employees and supporting the American economy. 

So I think we have to work aggressively with the intellectual 

property enforcement programs within other countries and that we 

need to work with other Federal officials here and other agencies 

in America to stop the flow of counterfeit goods, whether auto parts 

to consumer goods to software, coming into this country because it 

is taking away from American workers. 

And that has got to be the number-one priority of the Department of Commerce, enhancing American companies and the employees that they support. 

Senator CANTWELL. I would like to follow up on that because the 

U.S. Foreign and Commercial Services, within the Department of 

Commerce, also handles trade promotion, and as we have seen the 

opportunity for products and services to get access to other markets, one of the challenges has been resolving disputes. 

And if you look at the opportunity of our products to foreign markets, foreign markets have grown huge opportunities, but the number of specialists helping us resolve disputes, whether they are 

phytosanitary or what have you, have just continued to grow. So 

would you look to increase the number of U.S. Foreign and Commercial Service trade specialists overseas as a way to help U.S. 

companies? 

Mr. LOCKE. I believe that our Foreign Commercial Service operations are sometimes under appreciated and unknown. They are an 

40 

incredible resource to American companies wanting to do business 

abroad, wanting to sell their products abroad, wanting to learn 

more about the opportunities abroad. And they can also be great 

helpers in finding potential partners and clients and customers in 

other countries and simply to understand the economic, political, financial, and legal system of other countries. 

I think it is a resource that in some ways has been uneven 

around the world. We need to really focus on improving the quality 

of those services in every country where they have a presence, and 

in some areas, we may need to beef up the number of Foreign Commercial Service officers. 

Senator CANTWELL. I think you know of my advocacy on clean 

energy technology, particularly as it relates to getting access to 

overseas markets. Would you be willing to, in your capacity, work 

with USTR to eliminate clean energy tariffs on U.S. products and 

services for markets bound abroad? 

Mr. LOCKE. Clean energy and protection of the environment is a 

top priority of President Obama, and it is also an incredible opportunity for the United States to show leadership in the world. And 

quite frankly, we need the cooperation of other countries on climate 

change, environmental protection, and environmental cleanup. 

And we in the United States have so many companies that excel 

in this area—from alternative energy, energy efficiency, to green 

energy—that can create more jobs for people here in America while 

exporting that technology to other countries to create a better 

standard of living for the people of those countries, and ultimately 

for the entire globe. 

Climate change, environmental protection knows no borders. And 

what we do here at home in America cannot truly be successful unless we get the entire world to engage in this. There are incredible 

opportunities for U.S. technology, and U.S. jobs here at home. That 

has to be part of our trade agenda. That has to be part of our trade 

agreements as well. 

And I very much applaud you for what you have been doing to 

try to showcase American environmental technology and to address 

the issues of climate change around the world, especially in Asia. 

Senator CANTWELL. Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you, Senator Cantwell. 

And now, Senator Snowe—who is gone. 

[Laughter.] 

The CHAIRMAN. Senator Klobuchar? 

Senator KLOBUCHAR. Thank you very much, Mr. Chairman. 

Thank you, Governor. 

I know that you talked briefly with Senator Hutchison about the 

DTV transition, and there, as you know, a lot of this where we are 

today was due to a lack of organization in how the converter box 

program was handled. How will you be more responsive to the public as Secretary? 

Mr. LOCKE. Well, thank you, Senator. 

And if I am confirmed, I intend to work very closely with the 

NTIA division of the Department of Commerce. We already—the 

Department, excuse me, is on top of this. The Assistant Secretary 

at NTIA or the Deputy Assistant Secretary for NTIA has already 

41 

informed me that by next week, they hope to have the entire backlog for coupons completely eliminated. 

That department inherited a backlog of over 4 million, 4.2 million coupons, representing over 2 million households. And thanks 

to the appropriation provided by the Congress, and especially the 

extension by this Committee, they intend to have that backlog completely eliminated by next week. And the turnaround time for future requests for coupons will be less than 10 days using first-class 

mail. 

There is also a very concerted effort with the FCC for outreach 

to populations that still and people who still may not be aware of 

this conversion. And as I indicated earlier, we have to have a better publicity, public service campaign to announce and educate the 

American people exactly what this conversion is. 

Too many people still do not know that if they have rabbit ears 

or the antenna attached to the chimney of their house that they 

are going to be affected come June 12. 

Senator KLOBUCHAR. So you mean Senator Hatch and my public 

service announcement didn’t get through to everyone? It was really 

a good piece. 

OK, I wanted to switch to—but thank you for that. That is very 

good news about the backlog. 

Tourism. As you know, Senator Dorgan has a bill that has a lot 

of support in the Congress, and I am now chairing the Subcommittee that includes tourism. And as you probably know, foreign visitors, international visitors spent more than $122 billion on 

U.S. travel and tourism in 2007, and that was actually a 13 percent increase over 2006. 

Now with the economic times we are in, we know that won’t be 

the same this time. Travel and tourism exports account for 7 percent of all U.S. exports. So it is a very important piece of our economy. 

And what I would like to know because we get a lot of people 

talk about it, but are you willing to look at the Commerce Department to see how you can best leverage the existing resources of the 

Department to protect and grow the global market for our country? 

So we can get more people in and also promote tourism in the 

United States and any ideas that you have along this way. 

Mr. LOCKE. Thank you, Senator. 

We do have some people within the International Trade Administration that work on tourism. Tourism does generate millions of 

jobs within our country, and when you think about the jobs that 

are indirectly connected to tourism, whether those hotel workers 

and people in the hospitality industry are involved in tourism, they 

shop in malls, eat in restaurants, and support many other companies. So the extent and the impact of tourism is very large and very 

broad. 

There is a great deal of interest, fascination with America among 

people all around the world. They think of the great cities of America, but they also think of the great majestic natural beauty of 

America, from the Grand Canyon to the Badlands to our incredible, 

beautiful national parks. And they think of America as a place of 

great pristine environment, a place to visit, a place for recreation. 

42 

So we need to promote that. How we do that, working in concert 

with other States that have promotion and tourism programs or 

major corporations that run major theme parks and attractions, 

that all has to be carefully sorted out because we have limited dollars, and how we leverage these Federal dollars on tourism promotion has to be carefully thought out. 

But I would like to work with you on greater emphasis on tourism because that is money that comes into the local communities, 

businesses, and those visitors leave, and we don’t have to worry 

about some of the impact of education, schooling, and et cetera, et 

cetera. 

Senator KLOBUCHAR. Right. Last quick question just on the 

broadband issue. You know, we have had some very successful public-private partnerships in expanding broadband in our State, and 

as you look at the standards you are going to use and the criteria 

for getting this money out to expand broadband, I wondered in 

your experience as Governor of Washington, what experience you 

had with these public-private partnerships, what do you think the 

best way is to expand service and make sure it is not so slow? 

Mr. LOCKE. The Congress has appropriated over $4.5 billion for 

broadband, and it is to be done expeditiously. The President has 

placed a great priority on this and has great personal interest with 

respect to bringing advanced modern telecommunications to the entire Nation. It is also a priority of this Department of Commerce. 

And if confirmed, I hope to bring some of the same management 

practices that I brought and used in the State of Washington 

where, on major projects, we have clear deliverables, where we 

have clear, coherent guidelines for the deployment of these dollars, 

and that we have monitoring systems in place from day one, and 

that we also have a final progress report so that we know what we 

got for the dollars that were spent. 

It is important that in the short time-frame that we have for the 

deployment of these dollars that we involve all the stakeholders, 

and the people of the Department of Commerce have already instituted a very transparent, very open process of soliciting input from 

everyone. No secret meetings. Public meetings. Input and suggestions over the Internet, and all the comments are available so that 

everyone can see what is being received by the Department of Commerce. 

From all of these ideas, we are going to have to distill down to 

some common themes so that, at the end of the day, we are having 

true leveraging of these dollars, working in concert with the programs and activities of different States, different regions, as well 

as the private sector. We need to make sure that, at the end of the 

day, we have something that is a unifying theme that advances 

modern advanced telecommunications for people all around the 

country. 

Senator KLOBUCHAR. Thank you very much. 

The CHAIRMAN. Thank you, Senator Klobuchar. 

Senator Dorgan? 

STATEMENT OF HON. BYRON L. DORGAN, 

U.S. SENATOR FROM NORTH DAKOTA 

Senator DORGAN. Senator Rockefeller, thank you. 

43 

Governor Locke, I am going to be supporting your nomination. I 

think you are a great choice, and I appreciate your being here. 

First of all, on the issue of destination tourism and getting our 

share of the international tourism in this country, that is very job 

creating. As you know, I have put together a piece of legislation on 

this Committee, will be reintroducing it, and hope for your support. 

It is bipartisan, a very significant effort to increase international 

tourism in our country. 

I want to ask you about trade specifically, if I might? Last year’s trade deficit was $800 billion, and the new Administration put out 

a piece here that says the President’s trade policy agenda, an interesting piece. There is not the word ‘‘deficit’’ in the entire piece, not 

one word about the deficit. 

The question is, in your judgment, is an $800 billion a year merchandise trade deficit a threat to our economy? 

Mr. LOCKE. Thank you, Senator. 

I am still looking for the book and hope to get a hold—— 

Senator DORGAN. That is right. I promised to send you a book, 

didn’t I? 

[Laughter.] 

Senator DORGAN. I will do that. 

Mr. LOCKE. We will be able to—we will take care of that. 

Senator DORGAN. You can answer without having read my book. 

I am just—— 

[Laughter.] 

Senator DORGAN. I am only asking if you think that an $800 billion a year merchandise trade deficit is sustainable, or do you think 

that it ultimately undermines our economy? 

Mr. LOCKE. We cannot continue to have such large trade deficits 

with any one particular country, and it is of concern. That is why 

the Department of Commerce must be an aggressive and active 

champion in helping reduce that trade deficit by helping sell more 

products and services around the world and opening up markets for 

American companies. 

Senator DORGAN. Let me ask you about that then because we 

have just negotiated, our Government has negotiated a trade agreement with South Korea. Let me take one piece of it, for example, 

bilateral automobile trade. 

South Korea ships us around 800,000 vehicles a year to be sold 

in our marketplace. We are able to ship them about 6,000. Eight 

hundred thousand coming this way on boats. We get to sell them 

6,000. Just over 98 percent of the vehicles on the roads in South 

Korea are made in South Korea because that is the way the country wants it. 

We have a trade deficit with South Korea. We have negotiated 

a new trade agreement and ignored the issue of bilateral automobile trade. Do you believe that we ought to deal with the issue 

of the bilateral automobile trade that seems so out of balance? 

Mr. LOCKE. Senator, I am not familiar with the specifics of that 

particular trade agreement, and I don’t know what other markets 

may have been opened up for American products and services that 

may have offset that particular issue dealing with automobiles. 

Senator DORGAN. Would you take a look at that? 

Mr. LOCKE. But I would be more than happy to take a look. 

44 

Senator DORGAN. Let me tell you, we did a bilateral trade agreement with China. That is a country with whom we have a $260 billion merchandise trade deficit at the moment. China is beginning 

to develop an automobile export industry. They are very aggressive, 

and we will begin seeing the automobile exports in a very significant quantity. 

Our agreement with China, a country with whom we have a very 

large trade deficit, provided the following with respect to automobiles. That after a phase-in, they could impose a 25 percent tariff on any American automobiles sold in China, and we would impose a 2.5 percent tariff on Chinese automobiles sold in the U.S. 

A country with whom we have a $200 billion deficit, we said to 

them it will be OK if you impose a tariff 10 times our tariff on bilateral automobile trade. Does that seem fair, Governor? 

Mr. LOCKE. Again, without knowing the specifics—— 

Senator DORGAN. I am actually helping with the specifics here. 

Mr. LOCKE. I understand that. But I think we also have to look 

at the entire trade agreement and what perhaps concessions or 

openings were made for other American products where perhaps 

there is no countervailing or offsetting tariff. 

Senator DORGAN. I understand. But that—— 

Mr. LOCKE. We have to look at the entire package. But on its 

face, I mean, obviously, we need to make sure that we are not giving unfair advantage to the products and services of another country while hampering our products and services going into that 

country. 

Senator DORGAN. You are absolutely correct. You have to look at 

the entire package, and the verdict is in with respect to China. 

Since we have done the bilateral, the deficit with China has gone 

up, up, up, and way up. 

So whatever we might have achieved somewhere else was obviously not significant enough to outweigh what we gave away. And 

let me be clear. I believe in trade and plenty of it. I think our country can compete anywhere in the world, but I think our trade 

agreements are almost bankrupt. Unbelievable. 

You were asked about the Mexican truck issue today by a colleague of mine. Let me just tell you what happened at the table 

where you are now sitting. We had a hearing on that subject, and 

what we were told, for example, is that the Inspector General of 

the DOT says that we don’t have equivalent standards, no centralized repository of driver’s records, no central repository of accident 

reports in Mexico, and no central repository of truck inspections. 

And by the way, with respect to the cross-border trucking project, 

we were told that one of the requirements was to be fluent in 

English, and the Inspector General’s office told us the way they determine fluency in English was to have a driver from Mexico look 

at a stop sign, for example, and then you would inquire, ‘‘What is 

this?’’ And the driver would answer ‘‘alto,’’ Spanish for stop, and 

the driver would then be declared fluent in English. 

The point is we are not anywhere near the point of having equivalent standards, and no trade agreement, I believe, should diminish safety standards on America’s roads. And we now hear that 

Mexico has decided to impose tariffs on sunglasses, toilet paper, 

45 

and grapes, among other things. I hope you will not allow that to 

stand. 

I mean, we want to trade with our neighbors to the north and 

the south and around the world. We want trade to be fair. But 

Warren Buffett himself has indicated you can’t consume 3 percent 

more than you produce and run trade deficits in the $800 billion 

range and believe that can be sustainable for your economy. 

No one is describing these trade deficits as helping undermine 

this economy and help cause this crisis. It has, but no one wants 

to talk about it because the minute you talk about it, they suggest 

somehow you are anti-trade. 

As I said, I am for trade and plenty of it. But I support you, and 

I know you vigorously support trade. I hope you understand that 

these numbers, $800 billion worldwide merchandise trade deficit, 

$266 billion with China, $73 billion with Japan. And by the way, 

that Japanese one has been there for 12 to 15 years. 

So we have to decide as a country that we are going to stand up 

for our economic interests by expanding trade in a manner that is 

fair, that requires fair trade rules for our producers as well. 

So, again, I thank you for listening to me and answering my 

questions. You have a great opportunity to play a significant role 

here because of your credentials as a free trader. And I want you 

to succeed, and for that reason, I am very pleased to vote for you. 

And when your nomination comes to the floor, I will have a 

chance to visit about this a bit more. But in the meantime, I send 

you my best wishes and am pleased that the President has chosen 

you, and I hope you will have a chance to read the book I send you 

and we will have a chance to spend some significant time to talk 

about this. 

Mr. LOCKE. Well, thank you, Senator Dorgan. Let me just make 

one point very clear. I believe in fair trade, and I believe that if 

we don’t have environmental, health and human safety standards, 

and other things incorporated—and labor standards incorporated 

into some of these trade agreements, we are putting American 

workers at a competitive disadvantage. 

And whatever agreements we have, we need to enforce them. I 

think too often in the past when we have alerted other countries 

to our concerns over violations of trade agreements, which have 

been hard-fought, involving tough negotiations, if some of the elements of those other—of the trade agreements are not enforced, 

then we have basically given away more than we have gotten back. 

And as a former prosecutor, I believe in vigorous enforcement of 

the law, and I will do everything within my power within the Department of Commerce, if confirmed, to enforce those agreements. 

And let me just give you an example. When I was Governor of 

the State of Washington, we pressed the Administration to enforce 

the trade laws and impose anti-dumping penalties for China for 

apple juice concentrate coming into the United States. We believed 

that they were illegally dumping apple juice concentrate. We 

pressed Mexico and the Administration with respect to some trade 

policies and differences with Mexico. 

But, for instance, our farmers, apple growers, have to abide by 

health and human safety standards, pesticides, and herbicide regulations. And the apples coming in from other countries, whether 

46 

Latin America or South Pacific, don’t necessarily have to follow 

those same standards. And so, the prices are cheaper. That puts 

American farmers and American workers at a competitive disadvantage. 

So I believe it is appropriate to have those protections in our 

agreements. 

Senator DORGAN. Well, I appreciate that answer. My time has 

expired. 

Just one final quick comment, and that is much of what we 

produce in this country now is intellectual property. And it is very 

important to be protected. There is substantial piracy and counterfeiting around the world, and you are going to be in a position to, 

I think, take new aggressive actions to deal with that. 

But we must deal with that to protect the property, the intellectual property that we create in this country. And the piracy and 

counterfeiting is unbelievable. So you will do American business 

and the inventors and creators in this country a great service if you 

will make that a significant priority as well. 

Mr. LOCKE. I agree with you 100 percent. 

Senator DORGAN. Thank you. 

The CHAIRMAN. Thank you, Senator Dorgan. 

Governor, we are having a hearing here tomorrow, a full Committee hearing on cybersecurity. And this comes within our purview on this Committee, and it—I mean, not trying to be dramatic 

about it. When the Internet was invented, everybody fell flat on 

their face, they were so thrilled, and the world began to do business in a different way. 

Now both the President Bush’s Director of National Intelligence, 

Mike McConnell, who I greatly respect, and President Obama’s Director of National Intelligence, Admiral Blair, who I greatly respect, have labeled cybersecurity perpetrated through the Internet 

as the number-one national hazard of attack on the homeland in 

West Virginia and anywhere else in America. 

So I mean it really almost makes you ask the question, would it 

have been better if we never had invented the Internet and had to 

use paper and pencil or whatever? And that is a stupid thing to 

say, but it has genuine consequence because it is on the Internet 

that these acts of shutting down—you know, they have the television ads every day saying that the Department of Defense is attacked 3 million times a day, and it is true. 

Everybody is attacked. Anybody can do it. People say, well, it is 

China and Russia. But there could be some kid in Latvia doing the 

same thing. I mean it is an individual act. It doesn’t require a 

sleeper cell. It doesn’t require any ammonia or explosives. It is just 

an act. 

And yet it is an act which can shut this country down, shut down 

its electricity system, and its banking system. Shut down really 

anything that we have to offer. It is an awesome problem. 

On the Intelligence Committee, we were taken for a full day to 

discuss—to an undisclosed place in Virginia to discuss this. It is a 

fearsome, awesome problem, and it is under your watch, so to 

speak. I mean, obviously, it is broader than that, too. 

I wonder where this stands with you, what your thoughts are, 

and what you think we ought to be doing about it? 

47 

Mr. LOCKE. Senator, cybersecurity is obviously of utmost importance from a national security standpoint to protection of our way 

of life. As you indicated, a cyber attack could cripple the banking 

system, communications systems, electricity, and systems on which 

any and all businesses operate. It could bring our country to a 

grinding halt. 

I know that the great professionals, the scientists at the National 

Institute of Standards and Technology have been leaders in this 

and have been working with other agencies, and it is an incredible 

set of laboratories that we have with several Nobel Laureates who 

are proud to call themselves employees of NIST. 

It is something that every Federal agency is going to have to 

work on and together, in concert with the members of this Committee and the Members of Congress and, of course, the President’s 

security officials as well. 

I would like to work more with you and learn more about your 

thoughts, but clearly, it is going to require a lot of interagency cooperation and greater attention. 

The CHAIRMAN. You are going to have to work very closely with 

the intelligence community because it is a question of trying to 

keep up. We will never get ahead of those who perpetrate violence, 

this kind of violence against us. All we can try to do is to get ahead 

for a little bit, then we will fall behind. 

It is a losing game for us, and it is potentially a catastrophic national event. And I just think it has got to be at the top of your 

list, and Americans don’t know about it. Probably don’t believe it 

is going to happen because that is not the kind of thing that is likely to happen in a place called the United States of America. 

But it already has, and it threatens the Nation unlike anything 

else. More so than suitcase bombs, more so than dirty bombs, more 

so than plutonium bombs, this is what threatens us. And I wish 

to lay that down as a major, major subject. 

We will be having a hearing tomorrow. We will be having many, 

many others. It is that serious. 

Senator Cantwell? 

Senator CANTWELL. Thank you, Mr. Chairman. 

Governor Locke, I chaired the Oceans Subcommittee of the Commerce Committee, and one of the things that we have had reports 

on for the last couple of years are ways to improve the management and oversight of our oceans. But the Puget Sound Partnership in Washington State has been an innovative and collaborative 

science-based effort to manage Puget Sound and an eco-based management system approach. 

And as you know, Puget Sound is the second-largest estuary in 

the United States. So it is a pretty comprehensive effort. Part of 

the problem is we are seeing dead zones already from ocean acidification, with major problems to the fishing industry, particularly 

the shellfish industry. 

And so, my question is, isn’t that ecosystem science-based approach the kind of management approach to ocean governance that 

we should be seeing throughout the country? 

Mr. LOCKE. Thank you, Senator Cantwell. 

48 

President Obama very much supports the use of science and not 

shackling the scientists and making sure that we have good science 

guiding all of our decisions. 

And the Puget Sound Partnership is one that I believe the Department of Commerce will want to use as a model in working with 

all the estuaries throughout the United States, but also as a way 

of addressing the issue of depleted stocks, whether it is salmon, 

whether it is red snapper, and other species. 

Those types of collaborations, those types of partnerships, those 

types of reliance on science and using science as a guide for subsequent actions, all of that is the approach that we need to have 

throughout the Federal Government and especially at the Department of Commerce. 

Senator CANTWELL. Would you say that—I know that you have 

been quoted before as saying that we need to look at long-term 

goals like stock recovery rather than just the immediate needs. 

And obviously, fisheries management is difficult. 

I am assuming that you support an open and transparent process 

on fisheries management. But wouldn’t you agree that in the long 

run, we have a long way to go with NOAA and some of these policies in creating a more open and transparent process and focusing 

on recovery? 

Mr. LOCKE. I do believe that we have a ways to go, and I know 

that the NOAA scientists are very committed. They are great professionals. We need to work perhaps more closely with stakeholder 

groups, and we need to use some of the resources of other agencies 

within the Department of Commerce in mitigating the economic 

impact of some of these policies where we are trying to reduce the 

fishing, trying to achieve the goals or the mandate of the Magnuson-Stevens Act to end overfishing by 2011. 

There is going to be a lot of dislocation, economic implications 

and consequences to the affected fishing industry, and that is 

where we need to provide technical assistance, economic assistance. 

But we need to use science as the guide, and we need to have open, 

transparent policies working with the stakeholder groups so they 

understand the objectives. 

If we allow overfishing to continue, there will be no fishing left 

for them or for future generations, and it will completely end the 

fishing industry in so many communities. We don’t want that to 

happen. But we need to take tough measures quickly and soon, but 

we also need to provide economic assistance to those that are impacted. 

Senator CANTWELL. Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you, Senator Cantwell. 

I just want to probe a little bit more on cybersecurity because 

when you say—the current and the past director of national intelligence say it is the number-one national security threat, that is a 

showstopper. And people don’t believe it. Business doesn’t believe 

it. The big ones do, and they are trying to do something about it. 

You mentioned NIST. Several thoughts come to mind. They set 

the standards for all this. I remember when I had been on this 

Committee for about 2 years—and I have been on it 24 years—and 

I went out to NIST, and they said they hadn’t seen a Senator there 

in 5 years. And it raises a couple of questions from me. 

49 

Number one, your scope is so broad. I mean, recently—West Virginia is not exactly famed for its ocean capacity. But on the other 

hand, the port of Huntington is the seventh largest port, operating 

port in the United States of America, including Baltimore, Los Angeles, and all the rest of them, because of the Ohio River. 

And the Coast Guard has become a matter of enormous interest 

to me in protecting the power plants and chemical plants, et cetera, 

that run up and down the Ohio River, which always back up, obviously, to the river because they need the water. But there aren’t 

enough Coast Guard boats, speedboats with gun capacity out there 

to make any real significant difference. 

So one of the problems I think in the Commerce Department is 

that there are so many agencies that do such crucial work but don’t 

get attention, and two things occur to me. Number one, obviously, 

NIST’s relationship to cybersecurity, how does one fully describe it? 

And second, keeping good people. 

I am not sure—I mean, I think there is an enormous surge of 

public commitment, national service. We are going to pass a national service bill. The President wants one. I think most of us do. 

I was a VISTA volunteer. That is the way I got to West Virginia. 

But the desire for national service is enormous, but it tends to 

be in the under-50 group or the under-40 group, and the professionals who work in key positions at the places like NIST, which 

has been flat-line budgeted for a number of years, keeping them, 

keeping the people who can help us formulate a policy on cybersecurity is incredibly important. 

And one of the things I worry about across Government is keeping our very best people, that they will come to feel that there is 

too much—I mean, after some sort of false starts, the bar now for 

being allowed to serve in Government in a high position is so high 

that I think it is actively discouraging people from wanting to participate. People are looking for reasons not to serve in Government 

even though their instinct is to serve in Government because they 

have a new sense of commitment to the Nation and their obligation 

to the Nation. 

So these things clash. So I am just asking you two things. One 

is what does—what role do you see NIST playing with cybersecurity? And second, how are you going to go across the Department 

and pick out the people that you want to stay and encourage them 

to stay? I mean, a lot of them are leaving. 

Mr. LOCKE. Thank you, Senator. 

And I truly take to heart your emphasis on the need to pay closer 

attention to cybersecurity. I read you loud and clear, and you have 

made an impression on me with respect to that topic, and I will 

learn much more about that. I would be more than happy to sit 

down and chat with you in greater detail about this issue. 

The CHAIRMAN. Or Admiral Blair. 

Mr. LOCKE. And the other intelligence officials as well. 

With respect to keeping good people, I agree with you that President Obama has excited people around the country to serve their 

communities, to be engaged in their communities, and to serve 

their country, whether it is tutoring in schools or cleaning up the 

environment. You name it. They are engaged. They care about this 

50 

country. And they are concerned about the future of this country. 

I think that is what this election was all about. 

The challenge now is to capitalize on that energy and turn that 

enthusiasm into real permanent change in America. I can tell you 

that with respect to Government service, I have long believed that 

it is a very noble calling, and not just the elected officials and not 

just the top officials, but rank-and-file employees. 

And when I was Governor of the State of Washington, our motto 

was we wanted the employees of the State of Washington, regardless of what they did, to be proud to call themselves State employees, to be as proud as if they were to call themselves an employee 

of Microsoft or Nordstrom or the Fred Hutchinson Cancer Research 

Center. 

And so, we focused on programs that interfaced with the public 

to improve their interactions with government so that they could 

feel that government was efficient and effective and responsive. 

And we had recognition programs after recognition programs, even 

competition among State agencies on quality initiatives and showcasing the reforms that they were able to undertake. 

I think we need that at all levels of government. Pushing innovation, pushing efficiency, but recognizing the great work of Government employees so that they, too, can be proud to say they work 

for the Government. 

I think we need to look at retention policies, promotion policies, 

and compensation policies to keep the best and the brightest. I 

think any Government official will tell you that they have always 

been—they have always had a problem of keeping their best and 

brightest, who were always lured away by the private sector or 

even lured away by other governments. 

State governments, for instance, might train the members of the 

Washington State Patrol, the premier law enforcement agency in 

America, judged the number-one law enforcement agency in America, only to have their members—after the State spent so much 

money training them, only to have them lured away with higher 

pay by some of the municipalities in the State of Washington or 

other governments around the country. 

So salaries is an issue. Financial incentives, rewards have to be 

looked at to keep the best and the brightest within Government 

service. 

The CHAIRMAN. Before I call on Senator Hutchison, I just want 

to make one statement that should cheer all of us up. 

The applications for the Peace Corps, Teach for America, 

AmeriCorps, VISTA, all of those programs, all of them, are higher 

this year than they have ever been before. And the quality of the 

applications are higher than they have ever been before. That is a 

powerful statement from people who want to serve their country in 

a certain fashion, social service. 

At the other end of the spectrum, but not really, the same thing 

is happening at the Central Intelligence Agency and the Defense 

Intelligence Agency. Their applications are at an all-time high now, 

and the quality of those applications is at an all-time high. 

So somewhere in that fit, it says very good things about American will. What it doesn’t say is it gets down to the solving of basic 

problems, like cybersecurity. But we have a generation now folVerDate Nov 24 2008 13:47 Apr 28, 2010 Jkt 052160 PO 00000 Frm 00054 Fmt 6633 Sfmt 6601 S:\WPSHR\GPO\DOCS\52160.TXT SCOM1 PsN: JACKIE
51 

lowing another generation that really wants to help our country 

succeed. 

Senator Hutchison? 

Senator HUTCHISON. Thank you. 

Governor, we talked about the census, and we talked about the 

Supreme Court ruling that you agree with and that you will comply with the law. Just one other point on that, and that is the Supreme Court did not specifically mention the intrastate redistricting. What you have said is, on the record, that you want people 

to be counted one by one in the right place as well. That would affect the intrastate redistricting. 

Is it your view that the intrastate redistricting, meaning every 

person counted in their appropriate place, is also a function of the 

census that should be adhered to? The person in their proper place 

should be counted so that intrastate redistricting is also not going 

to be affected by statistical sampling? 

Mr. LOCKE. It is my understanding that there are no plans within the Department of Commerce or the Census Bureau to use any 

type of statistical sampling with respect to population count. 

Senator HUTCHISON. Thank you. I think that is clear and would 

apply to intrastate as well. 

Let me ask you one last question—I think we have covered pretty well everything here through all the questions. The Department 

of Commerce and the Department of the Interior issued joint regulations last December on the use of the Endangered Species Act for 

climate change policy. And in the omnibus bill that passed last 

week, it contains a provision that the Secretaries of Commerce and 

Interior could concurrently withdraw within 60 days those joint 

ESA regulations without having to go through any notice or public 

comment and without being subject to any judicial review. 

I am concerned about that, and that a joint set of regulations 

that went through the proper process and all of the comment periods and were in a final regulation, that you would then be able to 

withdraw it without any of those notices of proposed rulemaking 

about the withdrawal and the comment period before any kind of 

final withdrawal of that could be made. 

What is your position on that, and is that something you are 

looking at? 

Mr. LOCKE. Senator, I am not really well versed on the history 

of that particular issue. All I can say is that it is important with 

respect to any listings of endangered species that we follow the law 

and that we provide appropriate and full notice of any actions before they are taken so that there is ample time for public comment 

and feedback from other agencies and other stakeholders. 

Senator HUTCHISON. Well, I think that it was an expansion of 

the use of the Endangered Species Act to affect global climate 

change policy rather than the normal use of the Endangered Species Act, which is to protect endangered species. 

So my question is, would you agree that if you are going to withdraw a final regulation, that you would go through the processes 

of a notice of proposed rulemaking published in the Federal Register with comment periods before there would be any kind of 

change in the regulation that was promulgated last December? 

52 

Mr. LOCKE. Again, Senator, that is a little bit out of my league 

and out of my realm of expertise, and I am not familiar with the 

various legal requirements on how regulations are proposed under 

the Federal system and how regulations might even be withdrawn. 

So it is an area which I have almost no knowledge. 

Senator HUTCHISON. Well, the omnibus bill did allow the withdrawal without going through the procedures, and so you could legally do something like that. And I realize you are not prepared to 

answer that, but I would like an answer on the record regarding 

your views on implementing that, in my opinion, erroneous direction that could be used. 

I don’t think we should waive the normal requirements for 

rulemakings because I think that they are very thorough, and I 

would hope that you wouldn’t use the newly given authority that 

Congress did pass in the omnibus appropriations bill. And I would 

ask you to answer on the record if you would go through the normal process if, in fact, you were going to withdraw the regulation 

that was promulgated. 

Mr. LOCKE. OK. I would be happy to do that, Senator. 

Senator HUTCHISON. Thank you. 

The CHAIRMAN. Let me just make a closing comment in thanking 

you for what has been an absolutely superb, on your part, statement of your values, your plans, your history, your nature, as well 

as your wife. And it is the following, and Senator Hutchison has 

just complicated it a bit because she and I have agreed that what 

we would like to do is to have a rolling vote tomorrow morning before the first vote or during the first vote and vote you out of this 

Committee. 

Now it is also the practice that people do have questions that you 

need to answer. So what I would strongly counsel is that I have 

no idea what your afternoon or evening schedule is like, but what 

I would like to have it like is to get all of those questions answered, 

even if you don’t write an encyclopedia on each one of them, so that 

we can, in fact, proceed with that rolling quorum call tomorrow in 

which you will be voted out. And then it is just a matter of getting 

unanimous consent from the Senate. 

I mean, somebody may object. We may have to take a vote, but 

we always take our chances on that. But I would like to see you 

in place as soon as possible for the good of the Nation. 

With that, this hearing is adjourned. 

[Whereupon, at 12:30 p.m., the hearing was adjourned.] 

(53) 

A P P E N D I X 

PREPARED STATEMENT OF HON. BARBARA BOXER, U.S. SENATOR FROM CALIFORNIA

Mr. Chairman, I’m proud to be here today to support Governor Gary Locke in his 

nomination to be Secretary of Commerce. 

As a former two-term Governor, a County Executive, and a State House Representative, Governor Locke brings a wealth of experience to this critical cabinet 

post. 

In these tough economic times, with unemployment at a staggering 8.1 percent, 

Governor Locke understands the complexities and challenges facing our economy 

and our Nation first hand. 

And as the former top executive of a border coastal state, he has the experience 

required to tackle key issues including trade and the environment. 

The Commerce Department has jurisdiction over many important agencies that 

sorely need the attention of a committed Commerce Secretary. 

I intend to reintroduce comprehensive legislation this year to protect our oceans 

and I look forward to working with the Department of Commerce and NOAA to pass 

this important bill. 

I also believe that the Economic Development Administration (EDA) in particular, 

really needs our focus as we work to try to bring an end to this economic crisis. 

The EDA can and must play an important role in helping distressed communities 

in my home state of California and across the country. 

As Chairman of the Environment and Public Works Committee, I look forward to 

working with Governor Locke to reauthorize the EDA and take the necessary steps 

to help move our economy forward in the right direction. 

Thank you, Mr. Chairman. 

PREPARED STATEMENT OF HON. MARK PRYOR, U.S. SENATOR FROM ARKANSAS

Governor Locke, congratulations on your nomination. I enjoyed our visit last 

week. I respect the depth and breadth of your background, and given the issues before us, your familiarity with China should be useful as well. 

As I’m sure it hit home during the briefing process, the Commerce Department 

has an extremely broad jurisdiction. As Secretary of Commerce, you’ll be confronted 

with a wide range of issues and during an economically distressed time for our Nation. 

While you will have many pressing and important issues as Secretary, I hope that 

you will focus your attention on two important initiatives: science parks and 

broadband. At a time when the economy is stalled and international competition is 

growing, we need to do everything we can to provide good paying jobs for American 

workers. Science parks provide the launch pad that start-up companies need when 

they are ‘‘spun out’’ from a university or company. You also have a unique opportunity to dramatically change the lives of Americans who have not yet had access 

to broadband through the implementation of the Broadband Technology Opportunity 

Program. A successful broadband program will help deliver far reaching benefits for 

education, health care and business. 

I look forward to your testimony and our ensuing discussion. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN D. ROCKEFELLER IV 

TO HON. GARY F. LOCKE

Question 1. How do you see the National Oceanic and Atmospheric Administration’s role within the Department under your administration and what kind of support can we expect to see for National Oceanic and Atmospheric Administration and 

its missions? 

54 

Answer. I see NOAA as a leader in providing the science and information needed 

for wise decisionmaking as this Nation faces significant challenges such as climate, 

energy and the health of our ocean and coastal resources. I expect to fully engage 

with NOAA as decisions surrounding these challenges ultimately will have an impact on this Nation’s commerce and economic prosperity. I value the importance of 

NOAA’s service to this Nation and I will work to ensure that it is equipped to fulfill 

it’s mission and meet its goals. 

Question 2. What are your plans for the National Oceanic and Atmospheric Administration’s budget given the needs for ocean and coastal research and management and climate monitoring and services? 

Answer. NOAA has a diverse mission ranging from fisheries management to severe weather prediction to climate monitoring. Each year, NOAA goes through an 

extensive review of current and proposed programs, which allows for a continuous 

reevaluation of priorities and funding. I will work with NOAA and the Administration as well as Congress during this process to ensure the needs of climate, ocean, 

coastal and fisheries programs are addressed. 

Question 3. Currently, the U.S. imports 84 percent of all the seafood consumed 

in our country. Of that, half of the imported seafood products are farm-raised, aquaculture products. What is your position on the need for or your support of creating 

a national framework for aquaculture in the United States? 

Answer. Sustainably harvested wild caught fisheries will not be able to meet the 

projected increases in seafood demand. An environmentally safe offshore aquaculture regime may be able to meet such a demand and also decrease the Nation’s 

demand on seafood imports. Should I be confirmed, I will work with the NOAA Administrator to develop a robust, comprehensive, environmentally safe offshore aquaculture scheme and consult with states, industry, environmental groups and all 

other interested parties. 

Question 4. In 2000, Congress enacted into law the John H. Prescott Marine 

Mammal Rescue Assistance Grant Program (P.L. 106–555). The Prescott Grant Program is conducted by the Secretary of Commerce to provide grants or cooperative 

agreements to eligible stranding network participants for recovery and treatment of 

stranded marine mammals, data collection from living or dead stranded marine 

mammals, and operation costs directly related to the recovery and treatment of 

stranded marine mammals and collection of data from living or dead stranded marine mammals. As Secretary, would you support amendments to the Act that would: 

include entanglement response in addition to stranding; require the Department of 

Commerce to collect and update existing practices and procedures for rescuing and 

rehabilitating entangled marine mammals; establish an interest-bearing fund in the 

Treasury for emergency response to marine mammal entanglement and stranding; 

and allow the program to solicit and accept gifts and other donations to increase 

the impact of the program nationally? Would you be willing to work with the Committee on the reauthorization of this Act? 

Answer. I am not yet familiar enough with this program to be able to commit to 

what I would support in a reauthorization. I understand that the program is extremely valuable and that the grants it awards are vital to maintaining a network 

of stranding responders. I support a reauthorization, but I am unable to comment 

at this time as to what elements a reauthorization bill should have. Should I be confirmed, I pledge to familiarize myself with the program and the Act and work with 

Congress on a reauthorization. 

Question 5. In the 110th Congress, the Commerce Committee favorably reported 

S. 1580, the Coral Reef Conservation Amendments Act of 2007, to reauthorize the 

Coral Reef Conservation Act of 2000 and strengthen the authorities of the Secretary 

of Commerce to address threats to corals. Removing and responding to vessel 

groundings on coral reefs is a serious issue facing the National Oceanic and Atmospheric Administration and threatens the health of coral reefs. The previous Administration saw NOAA as central part of the solution to address vessel groundings. Do 

you support strengthening the Coral Reef Conservation Program within NOAA, including expanding the agency’s ability to address vessel groundings on coral reefs 

through civil and criminal liability provisions? Would you support legislation to 

achieve this goal? 

Answer. NOAA’s Coral Reef Conservation Program is vital to protecting and conserving the Nation’s coral reefs. I support a strong program now and in the future. 

Vessel groundings are a threat to coral reefs, but I am unfamiliar with NOAA’s authorities related to prosecuting such incidents and would like to respond to you in 

more detail on this issue should I be confirmed. 

55 

Question 6. NOAA’s Seafood Inspection Program is a voluntary seafood inspection 

program on a fee-for-service basis under the authority of the Agricultural Marketing 

Act of 1946. This program employs approximately 170 people and is entirely funded 

from fees it collects for its services. Last Congress, the Committee reported a bill, 

S. 2688, that would strengthen and expand this program. Would you be supportive 

of Committee efforts to advance this legislation again this Congress? 

Answer. NOAA’s Seafood Inspection Program lends vital support to the Food and 

Drug Administration’s efforts to ensure that seafood entering the United States is 

safe for consumers. I support this program and continuing its ability to support the 

FDA, however, I am not familiar with the current legislation in Congress. Should 

I be confirmed, I look forward to learning about this issue and any relevant legislation and working with Congress to ensure it meets our needs and Congressional desires. 

Question 7. I would like to ask a question about our strategy in the WTO Doha 

Round talks as it relates to the so-called ‘‘Rules’’ negotiations—i.e., those dealing 

with disciplines against subsidies and ‘‘dumping’’ of products. As you know, China, 

Japan, India and others that have routinely violated international rules in this area 

are seeking to use the Doha talks to force weakening of U.S. laws against unfair 

trade. They are hoping we will make concessions in this area in return for an overall agreement in the Doha Round. Let me assure you that such an approach would 

lead to a catastrophic result when any agreement reached Congress. There is no tolerance in this body to weaken our trade laws and allow unfair imports to cause even 

more damage here. 

It is clear that we need a very different approach to the Rules negotiations as 

compared to what we saw with the previous Administration. As far as I could tell, 

our prior strategy was to just let the trade law weakening proposals pile up on the 

other side, without putting forward any significant proposals of our own to strengthen international disciplines on unfair trade. I believe it is critical for the Administration to change this dynamic and put forward major, substantive proposals to enhance disciplines against unfair trade. These should include proposals to rectify the 

current disparate treatment of the U.S. income tax system vis-a ́-vis foreign VAT tax 

systems, proposals to force the WTO Appellate Body to follow a deferential standard 

in reviewing national unfair trade determinations, and proposals to rectify the raft 

of erroneous decisions the AB has issued over the years. 

Please describe your strategy in this area and if you intend to put forward the 

type of proposals outlined above. 

Answer. As you may know, the U.S. negotiating position in the WTO negotiations 

is under review, and I am certainly aware of Congress’s concerns about recent WTO 

rulings affecting U.S. unfair trade laws. If confirmed, I look forward to working with 

USTR Kirk, Congress and other stakeholders as we review the U.S. negotiating 

strategy in the WTO to identify an approach that will maintain our effectiveness 

of our unfair trade laws. 

Question 8. As you know, the United States specifically negotiated in the Uruguay 

Round to ensure that WTO dispute settlement panels and the Appellate Body would 

adopt a deferential standard of review in assessing national anti-subsidy and antidumping determinations. Where the relevant WTO agreements would permit of 

more than one reasonable interpretation, the intent was to allow national authorities to adopt whichever of these interpretations they felt would be most effective and 

beneficial. Over the years, the WTO Appellate Body has issued numerous decisions 

that have made a mockery of this standard of review, essentially finding that there 

is only one reasonable interpretation of key provisions—even where the provisions 

are unclear on their face and do not specifically speak to the issues in contention. 

Recently, the Appellate Body issued an analysis of the standard of review itself, an 

analysis that all but reads that standard out of existence. 

I think it is fair to say that the level of frustration with the WTO dispute settlement system in this body and in the country is reaching a critical level. This latest 

effort to rewrite the applicable standard of review—and to gut a provision that was 

critical to U.S. support for the Uruguay Round—shows just how out of control the 

situation is. 

How do you plan to address this problem and to ensure that the WTO dispute 

settlement system will, going forward, operate in the manner intended? What can 

we do—and what will you do—to see that the past erroneous decisions issued by 

the Appellate Body are corrected? I would welcome the opportunity to work with you 

and USTR on how we can get a grip on this issue, and what steps Congress can 

take to achieve real change. 

56 

Answer. I am aware of your specific concerns with respect to the WTO Appellate 

Body decisions. As I noted above, all of our positions are under review. If confirmed, 

I look forward to working with USTR Kirk and the Congress on this review. 

Question 9. I would like to ask you about the anti-dumping methodology sometimes referred to as ‘‘zeroing.’’ As you may know, the United States has employed 

this methodology—which is essential in measuring the full extent of foreign unfair 

trade—for decades. We used this methodology, as did many other countries, long before the Uruguay Round agreements were adopted, and after they were adopted. 

There were proposals made in that Round to prohibit this practice, but those proposals were never adopted. Despite this long history and clear negotiating record, 

and in some of the most widely-criticized decisions it has issued, the WTO Appellate 

Body has now interpreted the agreements to prohibit zeroing. Essentially, foreign 

countries trying to weaken unfair trade rules have now obtained through litigation 

what they could not obtain at the negotiating table. 

In my view, this is one of the most egregious examples of what is wrong with the 

WTO dispute settlement system. It has also resulted in a serious weakening of our 

laws, in that the Bush Administration partially implemented this wrongheaded 

precedent in the context of anti-dumping investigations. It is critical that we seek 

a negotiated resolution of this issue that would clearly overturn the AB’s faulty rulings and restore the historic practice used in the United States. 

Please describe your strategy to ensure that the AB decisions in this area are 

overturned. Can you assure me that you will take no further steps to implement 

this flawed AB precedent? 

Answer. I am aware of your specific concerns with respect to the rulings of the 

WTO Appellate Body concerning ‘‘zeroing’’ and, if confirmed, I will work with Members of Congress and USTR Kirk to review our strategy to ensure that we maintain 

the effectiveness of our unfair trade laws. 

Question 10. What are your plans to: (1) increase the number of overseas travelers 

who come to visit the United States; and (2) convince foreign businesses to expand 

their operations and investments here? 

Answer. I certainly recognize the importance of the U.S. travel and tourism industry to the U.S. economy in general, and the impact of the economic crisis on the 

industry. If confirmed, I will ensure that the Commerce Department undertakes a 

robust promotion program, developed in close consultation with key stakeholders including Members of Congress and the industry. I am aware of the Commerce Department’s ‘‘Invest in America’’ program that seeks to attract foreign investment to 

the United States. I look forward to working with you on other creative ways to encourage foreign direct investment in the U.S. 

Question 11. Enhancing the protection of American intellectual property in other 

countries has been a priority for Congress for many years. Congress has provided 

the Administration with a variety of tools, including the so-called ‘‘Special 301’’ annual review, to leverage other countries to better protect our Nation’s creations and 

innovations. I am concerned about the impact of certain technological developments 

on the protection of music, films, software and other copyright materials that are 

now openly and illegally distributed on the Internet, as well as by the role of organized criminal syndicates in the production and distribution of counterfeit and pirate materials. Can we have your commitment that you will work with us and use 

these tools creatively and forcefully toward achieving the improved protection of 

American intellectual property in other countries?’’ 

Answer. If confirmed, I can assure you that I will work with you toward achieving 

the improved protection of American intellectual property in overseas markets. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. KAY BAILEY HUTCHISON TO

HON. GARY F. LOCKE

Question 1. Last December the Department of the Interior and the Department 

of Commerce published joint final regulations to clarify the consultation process 

under the Endangered Species Act (ESA). This rule clarified the role of climate 

change and global processes in Section 7 ESA consultations. These regulations were 

developed through an open and transparent public process and complied with the 

Administrative Procedures Act. 

Recently the President signed into law a provision, contained in the Fiscal Year 

2009 Omnibus Appropriations Bill, which gives the Secretaries of Commerce and Interior the authority to repeal this rule without having to comply with the Administrative Procedures Act and without any public comment. Given the potential ecoVerDate Nov 24 2008 13:47 Apr 28, 2010 Jkt 052160 PO 00000 Frm 00060 Fmt 6601 Sfmt 6621 S:\WPSHR\GPO\DOCS\52160.TXT SCOM1 PsN: JACKIE
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nomic and legal consequences of repealing this rule, would you be willing to leave 

it in place? 

Answer. As directed by the President and Congress I will review this rule in consultation with Secretary Salazar and decide upon a course of action. Until that review is complete I cannot commit to a particular outcome. 

Question 2. If you decide to repeal this rule do you commit to an open and transparent process that complies with the Administrative Procedures Act and other applicable laws that govern the repeal of Federal regulations? 

Answer. If we decide to repeal the rule, I would want to explore our options for 

how to proceed. Again, this decision will be made in consultation with the Department of the Interior. I commit to be in contact with you and welcome your views 

through this process. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN F. KERRY TO

HON. GARY F. LOCKE

Question 1. The broadband provisions of the Recovery Act are not limited to 

grants to build new infrastructure. To the contrary, the statutory goals include 

‘‘facilitat[ing] access to broadband service by low-income, unemployed, aged, and 

otherwise vulnerable populations’’; ‘‘stimulat[ing] the demand for broadband’’; and 

‘‘increas[ing] the affordability of, and subscribership to, [broadband] service.’’ This 

focus on demand-side stimulus is appropriate because, while terrestrial broadband 

service today is available to over 92 percent of U.S. households, only an estimated 

55–61 percent of such households actually subscribe. 

I believe that the $250 million in funds set aside in the Recovery Act for adoption 

of broadband should be a minimum and that actually, more than this amount 

should be spent to ensure that consumers can take advantage of this technology 

that is so important for job creation and economic stimulus. The uses of broadband 

as economic stimulus are countless, from enabling someone to search for a job, to 

start a small business, or to work or learn out of their home. 

How do you envision the NTIA moving forward to utilize demand side broadband 

funds? Do you anticipate allocating more than the $250 million allotted in the Recovery Act? 

Answer. I agree that providing demand-side stimulus is a critical goal of the 

Broadband Technology Opportunities Program. The Recovery Act explicitly specifies 

that the program be designed to ‘‘stimulate the demand for broadband, economic 

growth, and job creation’’ and provides at least $250 million for sustainable 

broadband adoption. This amount is a floor, not a ceiling. Possible methods by which 

NTIA may utilize demand-side funds include programs designed to provide 

broadband education, awareness, training and even equipment. There is a wide 

range of possible methods that NTIA may employ and the agency is seeking input 

from the public on these issues. NTIA is still holding public meetings and is still 

in the process of seeking public comment on a wide range of issues pertaining to 

the Broadband Technology Opportunities Program, including the appropriate allocation of funds. If confirmed, I am certain that NTIA will consider carefully demandside impact when formulating the final rules for the grant program. 

Question 2. Programs such as Lifeline/Link Up through the Universal Service program have been successful in assisting low-income consumers in obtaining telephone 

service. Would NTIA consider implementing a similar program to assist with 

broadband service, or providing a grant to USAC to establish a broadband Lifeline/ 

Link Up program? 

Answer. The Broadband Technology Opportunities Program of the American Recovery and Reinvestment Act of 2009 has many important goals. One of these is to 

ensure that broadband services be accessed by the most vulnerable populations, including low-income consumers. USAC, an independent, not-for-profit corporation 

that was created in 1997 by the Federal Communications Commission to administer 

the Universal Service Fund, may be eligible to apply for grant money under the Act. 

I believe that as NTIA considers all the grant applications, it should seek to ensure 

that the goals of the Program are fully satisfied. If confirmed, I will work to ensure 

that NTIA works closely with the states to identify those consumers and those areas 

that most need access to broadband services. 

Question 3. Last week, the Washington Post published an article entitled ‘‘Stimulus Dollars Energize Efforts to Smarten Up the Electric Power Grid,’’ and defined 

the Smart Grid as what will be an ‘‘. . . array of switches, sensors and computer 

chips that will be installed at various stages in the energy-delivery process—in 

power stations, in electricity meters, in clothes dryers.’’ One of the major obstacles 

58 

to deploying the smart grid is the lack of technological standards governing smart 

grid devices and the patchwork of standards currently governing the grid. 

In the American Recovery and Reinvestment Act, we provided $10 million to energize NIST’s efforts to develop the protocols and standards necessary to achieve 

interoperability of Smart Grid devices and systems. How will NIST use these funds 

to support the development of Smart Grid technology? 

Answer. As I understand it, NIST is using the ARRA funds to accelerate the 

standards development process. I am aware from the NIST Deputy Director’s testimony before the Senate Energy and Natural Resources Committee 2 weeks ago that 

NIST expects to deliver an interim interoperability standards roadmap by June. 

Question 4. A number of states have already developed interconnection standards 

to allow for consistent, straight forward procedures and requirements for connecting 

to the grid. Massachusetts, for example, has created and adopted a Model Interconnection Tariff through a collaborative, stakeholder-involved process that simplifies the interconnection approval process, limits fees, and ensures applications are 

processed within a short, set timeframe. Are there any best practices you have observed at the state level that you believe will help NIST develop interconnection 

standards at the national level? 

Answer. NIST is certainly looking at the states for any best practices that are applicable for Smart Grid interoperability at the national level. One example is Boulder, CO, the first fully integrated smart grid city in the U.S. 

Question 5. What are your security concerns around the running of the core infrastructure of the Internet and the role the United States plays in that security? Do 

you believe there are security concerns around the running of the core infrastructure of the Internet that should be addressed before the U.S. Government gives up 

oversight of ICANN? 

Answer. Preserving the stability and security of the Internet’s core infrastructure 

is critical given the importance of the Internet to economic development. If confirmed, I will work to ensure that the Department of Commerce will take no action 

that compromises this system. 

Question 6. Should the Department of Commerce stay involved with ICANN 

through a further agreement until some of the key issues that have been brought 

up through the Joint Partnership Agreement (JPA) review process are reviewed and 

settled? 

Answer. I do not wish to pre-judge the outcome of the disposition of the Joint 

Project Agreement, but preserving the security and stability of the Internet’s Domain Name and Addressing System will continue to guide any actions taken by the 

Department in this area if I am confirmed. I understand that the Department expects to undertake public consultations in the coming month which will inform any 

decision made about the JPA’s future, keeping in mind that ICANN can only succeed if it enjoys the confidence of the community it serves. 

Question 7. Will you commit to working with the President to fulfill his campaign 

promise to double funding for the Manufacturing Extension Partnership, which has 

proven to be highly effective in creating jobs and helping American small manufacturers compete in the global marketplace? 

Answer. I agree with the President that manufacturing is a key driver of the 

economy and support his manufacturing agenda that doubles the MEP budget. MEP 

is a valuable program that has a proven track record in helping U.S.-based companies compete. The COMPETES Act (P.L. 110–69) was a great boost to the programs 

at NIST—in particular the MEP—and I will, if confirmed, work with you to implement the provisions of that bill. 

Question 8. The New England groundfishery is facing unprecedented challenges, 

as it looks to implement a sector-based management plan in 2009. Do you believe 

that sector-based management will provide an effective mechanism to support the 

rebuilding goals of the Magnuson-Stevens Act while providing a lifeline for the region’s fishermen? 

Answer. I believe sector-based management and other limited access privilege programs can be valuable tools for fishery management. In New England, the controls 

currently used to manage the fishery, such as Days at Sea, have not gotten the fishery to where it needs to be. Examining new alternatives such as sectors is a worthwhile endeavor. 

Question 9. What role will you personally take in implementing sector-based management and ensuring the survival of the New England groundfishery? 

Answer. I plan to work closely with the NOAA Administrator and the Assistant 

Administrator of NOAA’s Fisheries Service to ensure sector-based management is 

considered through the Council process. 

59 

Question 10. Illegal, unreported and unregulated fishing poses a tremendous challenge for the sustainability of our ocean and fisheries resources. The absence of 

sanction measures within the Regional Fisheries Management Organizations 

(RFMOs) appears to be a significant challenge in enforcing any strong fisheries 

management measures within those organizations. Do you agree that this is a problem? Will the U.S. propose more stringent sanction measures within the RFMOs 

that it plays an active role in? 

Answer. Compliance is a serious problem in the Regional Fisheries Management 

Organization context and tough consequences (such as sanctions) for non-compliance 

is an important tool in deterring illegal fishing activities. However, it is also important to work multi-laterally and maintain good relationships with other countries 

to solve these problems. Should I be confirmed, I look forward to working with 

NOAA and the Department of State to determine and propose appropriate consequences for countries that ignore international fishery agreements. 

Question 11. As you know, the International Whaling Commission (IWC) is the 

body charged with the conservation of the world’s whales. The IWC is at a crossroads, and a new proposal regarding coastal whaling appears to support partial resumption of commercial whaling. As Commerce Secretary, will you seek to strengthen the existing commercial whaling moratorium? 

Answer. Unfortunately, despite the International Whaling Commission (IWC) 

moratorium on commercial whaling, there are thousands of whales killed each year 

and their meat ends up being sold in markets in Japan, Iceland and Norway. 

Should I be confirmed as Commerce Secretary, I will, with NOAA’s support, actively 

work with our Administration colleagues to support IWC measures that support the 

best interest of the Nation and the resource. 

Question 12. As the Department of Commerce moves to ensure that we convert 

from the analog age to a digital age, one aspect of that change—the disposal of electronic waste has come to the forefront. A recent picture in the Washington Post 

showed a discarded old TV by the side of the road in an article on the DTV transition. In Massachusetts, I know that there have been multiple efforts to recapture 

and recycle this waste, recognizing that there are a number of minerals that are 

potentially harmful to the environment. What is the Department doing to promote 

the collection of E-Waste? 

Answer. It is my understanding that the Department of Commerce has implemented an electronic stewardship program in accordance with Executive Order 

13423, ‘‘Strengthening Federal Environmental, Energy, and Transportation Management.’’ I know informally that the Department has a number of other opportunities 

for employees to be more environmentally conscious with electronic equipment and 

its usage and disposal. I look forward to learning more about it if confirmed. 

Question 12a. Is this an area that we should place a greater emphasis on as part 

of the DTV transition? 

Answer. I agree that more attention needs to be paid to ensuring the proper disposal and recycling of electronic waste, through both voluntary efforts and marketdriven initiatives. It is notable that the 25 million coupons that have been redeemed 

toward the purchase of a TV converter box equate to 25 million analog televisions 

that may have otherwise become E-Waste, but now have had their life and utility 

extended. That said, as I stated in my oral testimony today, I am committed to upgrading the quality and clarity of information that is provided to the American public about the DTV transition, especially through Public Service Announcements. I 

believe including information about E-Waste disposal and recycling in these PSAs 

is an idea worth exploring. 

Question 13. Should we mandate that all manufacturers recycle all products they 

produce? What role should retailers play in recycling? What would the E-Waste include, for example, should it include all devices that plug in the wall or use rechargeable batteries? 

Answer. As with efforts being made internally as discussed in item a. above, the 

Department believes that opportunities exist across the private sector to establish 

programs for effectively recycling E-Waste. It stands ready to work with other agencies and organizations such as the Environmental Protection Agency and the Center 

for Environmental Quality to develop a reasonable, workable approach for implementation. As a possible first step, we believe it may be beneficial to establish an 

advisory group comprised of representatives from Federal, state and local government agencies as well as the manufacturing and retailing sectors. 

60 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. BYRON L. DORGAN TO

HON. GARY F. LOCKE

Question 1. The NTIA has just been given $4.7 billion from the recovery bill to 

run a broadband grant program to stimulate broadband build-out. I supported this 

funding—I want to see an increase in broadband service and competition across the 

U.S. I hope that the NTIA will not leave rural broadband to the USDA’s RUS program (which got $2.5 billion for this grant program), but that the NTIA will also 

learn about rural areas and fund grants to rural America as well. Will the NTIA 

also concentrate on rural areas? 

Answer. NTIA and the USDA’s RUS program will be working together to achieve 

greater access to and adoption of broadband in communities nationwide. While the 

RUS program’s core responsibility is to rural areas, NTIA’s responsibilities extend 

to any ‘‘unserved’’ or ‘‘underserved’’ areas, whether urban, suburban, rural or frontier. In carrying out this responsibility, NTIA will be coordinating closely with RUS 

to ensure that program funds are used in the most effective and efficient way possible. NTIA will dedicate considerable attention to the needs of rural areas and, if 

confirmed, I will ensure that NTIA is committed to helping serve rural areas. 

Question 2. The NTIA was also instructed to write a non-discrimination condition 

for broadband service funded by these grants. I hope you will encourage those writing the conditions to ensure they truly protect against discrimination. I believe all 

networks should abide by non-discrimination provisions, and especially those that 

are publicly funded. Are you confident that the NTIA will write a strong condition 

that protects against discrimination on the Internet? 

Answer. The American Recovery and Reinvestment Act of 2009 instructs NTIA to 

issue non-discrimination and network interconnection obligations that will be contractual conditions of broadband grants it issues pursuant to the Act. Those obligations, at a minimum, must adhere to the principles contained in the Federal Communications Commission’s 2005 broadband policy statement. On March 12, 2009, 

NTIA published a Request for Information that, among other things, seeks public 

comment on the nature and extent of non-discrimination and network interconnection it should impose on grant recipients. I am confident that through the public 

comment process NTIA will gain the information necessary to write non-discrimination and network interconnection conditions that fully protect the public. 

Question 3. In general, do you see the Commerce Department playing an active 

role in the development of telecommunications policy? How will the Commerce Department interact with the FCC and in their regulatory proceedings? 

Answer. As the President’s principal adviser on telecommunications policy, the 

NTIA has historically played and will continue to play an important and active role 

in the development of telecommunications policy. This role involves close coordination with other Federal agencies, including the FCC. The American Recovery and 

Reinvestment Act stipulates specifically that NTIA consult with the FCC in the establishment of the Broadband Technology Opportunities Program and, through the 

provision of numerous resources including data and, more importantly, expert counsel, the FCC has already aided NTIA and advanced the process considerably. If confirmed, I will continue to encourage a cooperative and collegial relationship between 

NTIA, the FCC and other Federal agencies. 

Question 4. I am concerned, that even when the United States enforces the laws 

to defend our producers against unfair trade acts, the WTO dispute settlement system undermines our enforcement efforts. In decision after decision, the WTO overturns proper and legitimate trade law rulings by the U.S. Government. The WTO 

routinely creates new obligations for the United States that we never agreed to in 

negotiations. As Secretary, what steps will you take to ensure that the Department 

can use all appropriate methodologies, including zeroing, to offset injurious dumping 

by foreign unfair traders? What actions will you take to make certain that the WTO 

dispute settlement system is not abused by those same unfair traders to undermine 

our laws? 

Answer. I am aware of the concerns of the Congress with respect to these WTO 

rulings. If confirmed, I look forward to working with USTR Kirk and the Congress 

to ensure that our unfair trade laws are administered in a strong and effective manner, and that they are not undermined through the WTO process. 

Question 5. The U.S. trade deficit continues to be a staggering problem for our 

economy. We will not fully recover in less and until we get this trade deficit under 

control. The Department of Commerce has perhaps the most important role in meeting this challenge. It must open new markets to U.S. goods and services. It also 

must guard the U.S. market against abusive practices by foreign producers who 

simply want to take advantage of our open market policies. What policies do you 

61 

plan to implement to ensure that foreign goods are traded fairly in the United 

States? What is your view of the proper role for the trade laws in helping our economy to fully recover? 

Answer. Enforcement of our trade laws will clearly be a top priority for this Administration and for me personally. Protecting workers and U.S. businesses from 

unfair trade practices and opening markets abroad is a core mission of the Commerce Department and will remain so. I look forward to working with you and other 

Members of Congress, the Cabinet and especially USTR Kirk to develop an effective 

enforcement strategy and to execute it. 

Question 6. One of the offices that you would be in charge of as Secretary of Commerce is the Patent and Trademark Office. As you may know, some of my colleagues 

in the Senate are leading an effort to bring patent legislation to the floor of the Senate this year. Do you think it is important to ensure that any modification of our 

patent laws protects our manufacturing sector and continues to encourage innovation? 

Answer. The last major revision of patent laws occurred in 1952. Since then 

American innovation and invention have transformed the world and will play a significant role in bringing us out of recession. Patent reform is a complex issue that 

merits careful consideration and review, especially in light of several recent landmark Supreme Court cases. If confirmed, I will work with USPTO to ensure that 

stakeholders views, including the manufacturing section, are considered in this important debate. 

Question 7. I understand that it’s possible that the public broadcasting infrastructure program at NTIA—the Public Telecommunications Facilities Program (PTFP)— 

might not be included in the President’s budget for FY 2010. 

This program provides a critical resource for station infrastructure maintenance 

and upgrades. PTFP has helped ensure that stations are able to serve over 95 percent of this country—reaching the most underserved populations with local public 

TV and radio. Already for FY 2010 there are $48.5 million in grant applications 

pending at NTIA for a program that only has $20 million. Clearly eliminating such 

a critical program which has already suffered significant backlogs over the past 5 

years would be harmful to the system. 

In North Dakota alone, PTFP has funded over $6 million worth of grants since 

2000. Can I ask that you look into this and that you work with us to maintain funding for the PTFP? 

Answer. I have not been made aware of funding levels for the President’s FY 2010 

budget. However, if confirmed, I will look into the funding for this Program and report back to you. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. BARBARA BOXER TO

HON. GARY F. LOCKE

Question 1. The Economic Development Administration (EDA) is the only Federal 

agency whose sole mission is to promote private sector job growth in economically 

underserved communities. I am a strong supporter of EDA’s efforts in communities 

across our Nation and believe the assistance it provides is particularly important 

when our economy is ailing. Can you commit that if confirmed you will look for opportunities for EDA and that it will play a prominent role within the Department 

of Commerce? 

Answer. The Department of Commerce’s Economic Development Administration 

(EDA) is tasked with leading ‘‘the Federal economic development agenda by promoting innovation and competitiveness, preparing American regions for growth and 

success in the worldwide economy.’’ This mission is critical in both robust economic 

times and in more troubling times such as the ones we are facing today. For that 

reason, the President included EDA in its FY10 budget highlights and provided $50 

million in regional planning and matching grants to support the creation of regional 

innovation clusters that leverage regions’ existing competitive strengths to boost job 

creation and economic growth. It also proposed to launch a $50 million initiative in 

EDA that will create a nationwide network of public-private business incubators to 

encourage entrepreneurial activity in economically distressed areas. 

In addition, EDA is working closely, as I understand it, with the Department to 

distribute the $150 million in funding EDA received through the Recovery Act with 

priority for areas experiencing severe job losses due to corporate restructuring. 

Question 2. EDA’s authorization, the Economic Development Administration Reauthorization Act, expired in September 2008 and the Environment and Public 

Works Committee is planning to reauthorize EDA this year. A key issue for reauVerDate Nov 24 2008 13:47 Apr 28, 2010 Jkt 052160 PO 00000 Frm 00065 Fmt 6601 Sfmt 6621 S:\WPSHR\GPO\DOCS\52160.TXT SCOM1 PsN: JACKIE
62 

thorization is funding, which the Bush Administration cut. EDA received about $250 

million in Fiscal Year 2008, which was a nearly 40 percent cut from FY 2001 ($412 

million). The FY 2009 Omnibus Appropriations includes $240 million for EDA. Do 

you agree that agencies like EDA have a critical mission and should be supported, 

especially in tough economic times? 

Answer. The President has included EDA in its Fiscal Year 2010 budget highlights and provided $50 million in regional planning and matching grants to support 

the creation of regional innovation clusters that leverage regions’ existing competitive strengths to boost job creation and economic growth. The budget also proposed 

a $50 million initiative in EDA that will create a nationwide network of public-private business incubators to encourage entrepreneurial activity in economically distressed areas. 

Question 3. As Secretary of Commerce, you will have jurisdiction over the National Oceanic and Atmospheric Administration. Under your Administration, will 

you work to make ocean protection a higher priority in national policy decisions 

than it has been in the past? What will you do to improve inter-agency and intraagency coordination of policies that affect the oceans? 

Answer. Yes, as Secretary I will support NOAA and work to engage other agencies to bring these issues to national attention and improve our current ocean policies. 

Question 4. Do you support the creation of a comprehensive national ocean policy 

and codification of NOAA? 

Answer. From my experience as the Governor of the State of Washington, I understand that the issues surrounding the management and protection of living marine 

resources is a complex issue that has direct impacts on local coastal communities 

and ocean users. As the pressure is only increasing on these resources, the need for 

a comprehensive national approach to ocean policy and decisionmaking is necessary. 

While I can’t speak to any specific Act, I do support the idea of codifying NOAA’s 

current mission within the Department of Commerce and, if confirmed, look forward 

to working with you to that end. 

Question 5. What will you do to foster the timely development of NOAA’s satellite 

programs? 

Answer. NOAA’s satellites are crucial tools that are valuable to the Nation and 

the world, providing important information for weather forecasting and climate 

change monitoring. The cost overruns that have plagued one of NOAA’s next generation satellite programs, the National Polar-orbiting Operational Environmental 

Satellite System (NPOESS), are a substantial problem and need to be fixed. Since 

NPOESS is a joint program with the Department of Defense, with the National Aeronautics and Space Administration (NASA) as a key partner, I am prepared to engage with NOAA’s leadership and work with the White House as necessary to ensure this crucial national program for weather and climate forecasting gets back on 

track. 

Question 6. What do you see as the role of commercial sources for NOAA’s weather and climate data needs? 

Answer. The Nation’s ability to respond to weather events and climate change is 

dependent on data available. I understand that NOAA and its Federal partners generate much of the data used, however, I recognize that commercial sources for such 

data may be a valuable complement to Federal agency assets. Should I be confirmed, I intend to learn more about NOAA’s weather and climate functions. I commit to examining NOAA’s current uses of commercial data sources and determining 

where it may supplement Federal agency abilities with commercial services. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. BILL NELSON TO

HON. GARY F. LOCKE

Question 1. Right now, there are two requests for fishery closures on both of Florida’s coasts. One deals with endangered loggerhead sea turtles and the Gulf of Mexico longline grouper fishery. Another potential closure looms for the red snapper in 

the South Atlantic. 

These issues are painful, controversial, and will cause economic harm in a state 

with 8.6 percent unemployment. 

Governor Locke, in order to implement the Magnuson-Stevens Act (MSA) the way 

it was envisioned, the Fishery Management Councils must step up and implement 

long-term measures in a timely manner instead of sending emergency requests to 

the Federal Government for a fishery shutdown. Will you work with me to ensure 

63 

fishery management councils step up and manage resources proactively and for the 

long term? 

Answer. Yes, I am committed to working with you to ensure that we manage fisheries in a manner that achieves sustainable resources and healthy fishing communities and that preempts the need for emergency rulemaking. Should I be confirmed, 

I will ensure that NOAA works closely with fishery management councils and other 

appropriate stakeholders to ensure proper monitoring of fishery and other marine 

resources to avert potential crises. 

Question 2. It’s also very important to me that while we manage our natural resources and protected species we also strike a careful balance protecting jobs and 

a way of life for our people. With respect to the grouper fishery, there are some 

measures that can be taken immediately—such as working to convert gear for fishermen and funding onboard observers. Will you work with me to ensure all options 

to keep this fishery open, including the two I just mentioned, are thoroughly examined and aggressively pursued? 

Answer. I agree that onboard observers and gear technology are essential to ensure the goals of healthy fisheries, fishing communities, and the recovery needs of 

protected species and, should I be confirmed, will commit NOAA to investigate both 

to ensure the balance between healthy coastal communities and healthy marine resources is met. 

Question 3. Climate change is a complex problem, impacting our national security, 

our safety and health, and our economy. But, the Nation lacks a coherent, integrated, long-term strategy to understand and address the consequences of climate 

change. Dr. Lubchenco, in her testimony to this Committee, supported the development of a National Climate Service within NOAA. As Secretary of Commerce, where 

would climate science fall within your list of priorities, and do you believe that a 

National Climate Service should be situated within NOAA? 

Answer. President Obama has made addressing climate change a top priority for 

his Administration. As NOAA is a leader in climate science and research, these 

would be top priorities for the Department of Commerce should I be confirmed. I 

do believe we need a National Climate Service to meet the needs of our Nation to 

better understand climate impacts and deliver information critical to adaptation, 

mitigation, and management planning. Working with many other agencies, including the EPA, Department of the Interior, Department of Energy and Department 

of Agriculture, NOAA should lead a National Climate Service based on its existing 

mandates to provide climate information and services and experience managing endto-end climate operations. NOAA can build upon its strong climate monitoring, research, and assessment capabilities, and translate climate data and research into 

information and services that address the needs of stakeholders at the local, state, 

regional, and national level. 

Question 4. Satellite sensors are the indispensable tools that let us monitor sea 

level globally. The Jason/OSTM satellite missions, jointly led by NASA–NOAA– 

CNES–EUMETSAT, plays two very important roles: (1) it provides a long-term survey of Earth’s oceans—tracking ocean circulation patterns, and measuring sea-surface heights and the rate of sea-level rise; and, (2) is used to assist in forecasting 

short-term, severe weather events, including tropical cyclones. 

This is a proven technology, and to maintain continuity, NOAA will need to assume responsibility for the funding of the next Jason mission, in partnership with 

EUMETSET. Where does the Jason mission fall within your budget priorities for 

2010 and beyond? 

Answer. I have not been involved in the Department’s budget process for FY 2010 

and beyond, but the impacts of climate change, like sea level rise on coastal communities, are significant issues. NOAA has an important role in environmental monitoring for climate through satellites, buoys, ships, aircraft and other means, and I 

support NOAA’s continued work in this area. 

Question 5. In 2000, more than 127 million people—45 percent of the U.S. population, lived in coastal watersheds. From 2003 to 2008, for example, the populations 

in St. Johns River, FL, Cape Canaveral, FL, and Santa Ana, CA, all grew by over 

70 percent. These communities will be directly impacted by sea level rise. What 

plans does Commerce have in place to deal with the economic impacts, as well as 

physical impacts, of sea level rise? How will Commerce take the lead on this issue? 

Answer. The economic and physical impacts of sea level rise present a significant 

challenge for the Nation. Communities like St. Johns River, Florida, must be supported in their efforts to adapt to a changing climate. I believe NOAA’s climate research and science activities should support adaptation decision-making and lead efforts to assist communities in assessing their risks and vulnerabilities and developing strategies for action. 

64 

Should I be confirmed as Commerce Secretary, I intend to familiarize myself with 

the plans Commerce has in place to deal with economic and physical impacts of sea 

level rise. I would expect Commerce to work with local, state, and regional governments and organizations to proactively address sea level rise impacts from climate 

change. Decision-makers at these levels need the information and tools to take 

smart action to protect lives and property, and safeguard the economic infrastructure that exists on our coastlines. Such information could be provided by a NOAAled national climate service, in partnership with a variety of other Federal agencies 

and across levels of government and the private sector. 

Question 6. NOAA has one Hurricane Hunter G–4 aircraft, and if this plane is 

down for maintenance during hurricane season, we could have a serious problem, 

placing lives and communities at risk. We need to work together to find the resources needed to address this issue. 

Answer. NOAA’s Hurricane Hunter flights are vital to the Nation’s ability to prepare for and respond to impending hurricanes. I am not familiar with NOAA’s entire fleet or any mitigation plans it may have in the event of an aircraft being unavailable during a hurricane. I understand that the U.S. Air Force also contributes 

to hurricane flights. Should I be confirmed, I pledge to examine NOAA’s current 

operational and mitigation plans. I commit to work with you to identify and improvements that can be made. 

Question 7. Governor, as you know, there are some real concerns regarding the 

accuracy of the forthcoming census. What will you do to ensure that the low-income 

populations and minorities are accurately counted in the census? 

Answer. The Census Bureau has a wide array of operations in place to reach everyone with a particular focus on hard-to-count populations. Every decennial census 

field operation is designed to achieve maximum coverage. Examples include specific 

operations for people who live in remote rural areas, people without conventional 

housing, and operations for multi-unit housing in cities where the Post Office may 

not deliver to each household. In addition, census staff conducting field interviews 

are drawn from the communities where they will work. They know the culture and 

speak the languages of the people they need to reach. For the first time, the Census 

Bureau will mail a replacement questionnaire to households in hard-to-count areas 

and they mail bi-lingual Spanish/English forms to 13 million households. The Census Bureau also implements a program to make questionnaires available to people 

that think they have been missed and they will provide support in 59 languages. 

All of this is enhanced by the communications and partnership program. For 

2010, the Census Bureau is using an approach that integrates a mix of mass media 

advertising, targeted media outreach to specific populations, grassroots marketing, 

and special events. By integrating these elements with each other and with the Census Bureau’s 2010 Census operations, the campaign will help ensure that everyone, 

especially those hardest to count, is reached. This is combined with a partnership 

program that mobilizes the trusted voices in communities where people live, and in 

the organizations that people trust, to convince people that the census is important 

to their lives, and that their participation in it is safe. I am confident that these 

efforts, taken together, will go far to address the differential undercount observed 

in prior censuses. I share the Census Bureau’s commitment to counting everyone, 

including the hard-to-count. Supporting this effort will be one of my highest priorities as Secretary. 

Question 8. There has been a fair amount of discussion about moving the Census 

Bureau from the Department of Commerce into the White House or making it an 

independent agency. What is your position on whether or not the census should be 

kept within the Commerce or moved? And assuming it stays within Commerce, 

what will you do to ensure that it receives the priority attention it requires? 

Answer. The Census Bureau became part of the Department of Commerce in 

1903. Since that time, the Secretary has exercised oversight of the Census Bureau 

to aid in its successes and to mitigate forecasted failures. In 2007, after being informed of emerging problems with the Census Bureau’s plans to use a handheld 

computer for its major field operation, the Secretary appointed key departmental 

staff to a task force to examine the status of this operation and provide recommendations for cost containment and to reduce the risk of a failed 2010 Census. 

The Secretary’s direct intervention and attention to these issues was instrumental 

in getting the census back on track. 

If I am confirmed, I will move quickly to facilitate the appointment of a Census 

Director, with whom I will work closely. Until that time, I will direct key staff to 

continue the extensive review process currently in place that tracks the operational 

readiness of key components of the census operation, including IT systems, costs, 

65 

schedules and risks containment. I will submit to the Congress regular status reports on the critical operations necessary to conduct a successful 2010 Census. 

Question 9. As you know, much of the future growth in broadband will occur in 

the wireless sector. This growth, however, will almost certainly require the allocation (and auction) of additional spectrum to the private sector. What role do you see 

NTIA playing in efforts to reallocate unused or underused government spectrum in 

the next 2 to 3 years? 

Answer. I recognize that expansion of broadband services will depend, in part, on 

the availability of spectrum. To that end, I support the efficient and effective use 

of the Federal radio spectrum and will ensure that NTIA continues to work with 

the Federal agencies to identify spectrum that may be unused or underused. 

NTIA has reallocated a significant amount of spectrum to support wireless development. While I support finding ways to make more spectrum for available for commercial wireless uses, I also recognize the critical importance that Federal radio frequency management plays in the areas of national security and public safety. To 

that end, I will work collaboratively with the Federal Communications Commission 

to bring these services to the marketplace without compromising the critical missions of the Federal Government. 

Question 10. In terms of the overall administration of the Broadband Technology 

Opportunities Program (the stimulus broadband grants program or ‘‘BTOP’’), what 

do you see as the more pressing issue: getting broadband to as many areas as possible (the ‘‘supply issue’’) or ensuring affordable access to broadband for as many 

people as possible (the ‘‘demand issue’’)? 

Answer. Addressing both issues is critical to BTOP’s success and, therefore, NTIA 

will be considering grant applications that address broadband supply and broadband 

demand with a special attention to whether proposed projects are viable and sustainable. The American Recovery and Reinvestment Act charges the Department of 

Commerce with the responsibility of addressing the broadband needs of both 

‘‘unserved’’ and ‘‘underserved’’ populations and facilitating greater use of broadband 

services. The challenges facing Suwannee County may differ markedly from the 

challenges facing downtown Miami. Past experience has taught us that availability 

is often a more significant issue in rural areas and adoption a more significant issue 

in urban areas but, if confirmed, I will treat both prongs as essential. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. FRANK R. LAUTENBERG TO

HON. GARY LOCKE

Question 1. While existing U.S. sanction laws prohibit American firms from investing in Iran, a loophole allows American companies to do business with Iran 

through their foreign subsidiaries. If confirmed as Secretary, what actions will you 

take to end this practice? 

Answer. If confirmed, I am fully committed to working with the Department of 

the Treasury, which has primary jurisdiction for this issue, to prevent the proliferation of sensitive U.S. technologies to Iran. 

The Department of Commerce implements and enforces regulations regarding the 

export and reexport of U.S. dual-use items to Iran. 

It is my understanding that as a general rule, existing regulations do not permit 

American companies to export or reexport items to Iran through their foreign subsidiaries. I am aware of recent news reports that suggest some companies may be 

doing business in Iran through their foreign subsidiaries. If confirmed, I commit to 

making this issue a priority within the Department and the Bureau of Industry and 

Security, which is the Commerce lead on this matter. 

Question 2. As you know, the economic recovery package included $4.7 billion for 

NTIA to promote broadband. In New Jersey, broadband has been deployed throughout the state, but many low-income residents cannot afford it. How will you ensure 

that the broadband funds in the recovery package reach these underserved low-income residents, and not just more rural areas of the country? 

Answer. The Broadband Technology Opportunities Program of the American Recovery and Reinvestment Act of 2009 has many important goals. One of these is to 

ensure that improved access to broadband service is provided to those consumers 

living in underserved areas of the United States. One of the tasks that NTIA has 

in implementing this Program is to define the term ‘‘underserved’’ and to adequately 

differentiate ‘‘underserved’’ from ‘‘unserved.’’ To that end, on March 12, 2009, NTIA 

published Request for Information that, among other things, seeks public comment 

on how to define these terms. Public comment on these and other issues will be accepted through April 13, 2009. In addition, NTIA is in the process of holding a seVerDate Nov 24 2008 13:47 Apr 28, 2010 Jkt 052160 PO 00000 Frm 00069 Fmt 6601 Sfmt 6621 S:\WPSHR\GPO\DOCS\52160.TXT SCOM1 PsN: JACKIE
66 

ries of public meetings that are examining, among other things, these definitional 

issues. In keeping with the goals of the Program, it is critical that broadband services be accessed by the most vulnerable populations, including low-income consumers. If confirmed, I will work to ensure that NTIA works closely with the states 

to identify those consumers and those areas that most need access to broadband 

services 

Question 3. The Commerce Department’s primary mission is to promote economic 

growth and create jobs. Sound Federal investments in transportation create jobs, decrease congestion, increase business productivity and benefit the environment. If 

confirmed, will you work in partnership with others in the Administration to ensure 

we are making sufficient investment in our transportation infrastructure? 

Answer. The Department of Commerce’s Economic Development Administration 

(EDA) is tasked with leading ‘‘the Federal economic development agenda by promoting innovation and competitiveness, preparing American regions for growth and 

success in the worldwide economy.’’ The agency does this through planning, capacity 

building and infrastructure grants to eligible government entities and non-profits in 

distressed areas with a focus on job creation and leveraging private investment. 

EDA has been highly successful and will continue its work of investing in our Nation’s infrastructure. 

Question 4. The Government Accountability Office has listed the census as one of 

the thirteen (13) urgent issues requiring immediate attention by the Federal Government. If confirmed, what immediate steps will you take to ensure an accurate 

count in the 2010 census? 

Answer. I have reviewed the recent GAO and IG reports on the risks associated 

with the 2010 Census. If I am confirmed, I will move as quickly as possible to facilitate the appointment of a Census Director, with whom I will work closely. Until 

that time, I will meet with the Census Bureau, and the designated investigative 

groups, to assess the current status of operations since these reports were filed. My 

understanding is that the Census Bureau developed a risk-improvement plan in response to the GAO designation that established appropriate accountability for 

schedules, production and operations. I understand further that this plan to mitigate risks was approved by OMB. I am also aware of an extensive review process 

currently in place that includes Congressional oversight, OMB, and other offices in 

the Department of Commerce that we will continue to utilize. I will work with the 

Census Bureau to ensure that these plans effectively address the concerns the GAO 

and IG have raised. I will submit to the Congress regular status reports on the key 

or critical operations necessary to conduct a successful 2010 Census. 

Question 5. As you know, one of our top trade priorities with China is the protection of U.S. intellectual property rights. It has been brought to my attention that 

copyrighted U.S. medical and scientific journal articles have been made available 

from Chinese state-sponsored libraries for online resale by private Chinese companies. In December 2008, I wrote to Chinese Ambassador Zhou Wenzhong on statesponsored copyright violations, particularly by the firm Kangjian Shixun Science 

and Technology, Ltd., that have significantly affected publishers in my state. However, no progress has been made to end these violations. As Commerce Secretary, 

how will you ensure that the theft of U.S. copyrighted materials in China is brought 

to an end? 

Answer. I understand the importance to the U.S. economy of intellectual property. 

The theft of intellectual property from American companies is a serious matter. If 

confirmed, I will work diligently with you, other Members of the Congress, my Cabinet colleagues, and U.S. businesses to protect the rights of U.S. firms in China. The 

protection of intellectual property will continue to be a top trade priority with the 

Department of Commerce, and it would be my intention to actively engage our trading partners on IPR protection and enforcement. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. MARK PRYOR TO

HON. GARY F. LOCKE

Question 1. The Secretary of Commerce oversees a large and diverse department. 

Overall, what are your goals and priorities for the Department of Commerce in the 

next 6 months? 

Answer. As I discussed at this morning’s hearing, some key goals for the next 6 

months will be to carry out the President’s plan for economic recovery, prepare for 

a successful 2010 Census, and support a smooth transition to digital television by 

the revised June deadline. At the same time, the Department needs to continue and 

67 

strengthen its ongoing efforts to maximize innovation, long-term economic growth, 

and environmental stewardship. 

Question 2. Arkansas is ranked 47th out of 50 states in broadband deployment 

and half of our schools use dial-up. Rural broadband deployment is one of my top 

priorities as a Senator and I would like to see a greater push for deployment. What 

are your views on the Broadband Technology Opportunities Program? 

Answer. Senator, I believe that the Broadband Technology Opportunities Program 

provides a unique opportunity to expand broadband access to communities that desperately need it, including in your home state of Arkansas. The statute expressly 

identifies schools, libraries, community colleges and other institutions of higher education as intended beneficiaries of this program and I share Congress’s concern in 

this regard. Furthermore, the Department of Commerce, through NTIA, will work 

closely with the Department of Agriculture’s Rural Utility Service to ensure that the 

Broadband Technology Opportunities Program begins the process of providing 

broadband access to every American, especially those in our rural areas. 

Question 3. I am Co-Chair of the Senate Democratic High Tech Task force and 

I share your belief that technology and innovation are the keys to our economic success. I’ve supported initiatives like science parks, innovation prizes, nanotechnology 

research, and the technology innovation program. I recognize you have a record in 

supporting similar initiatives. What are your plans for supporting innovation and 

entrepreneurship within the Department of Commerce? 

Answer. As you are aware, the Department of Commerce has a very broad portfolio. One portion, of which, is focused on innovation. As such, if confirmed, innovation will be a focus of my tenure as Secretary of Commerce. From NIST, whose 

measurements, standards and technologies provide industry the tools they need to 

be more innovative and competitive; to NTIA where the broadband grants funded 

under ARRA will help bring broadband access to millions of Americans; to the 

USPTO which through its patents and trademarks help drive innovation in the U.S. 

economy—the Department of Commerce will continue to support innovation in the 

U.S. 

Question 4. Congress took an important step toward promoting innovation with 

the passage of the America COMPETES Act. I believe the Nation can do more than 

just increasing funding for university research and boosting STEM education. What 

plans do you have for making the Commerce Department the center for innovation 

and entrepreneurship within the Federal Government? 

Answer. The various components of the Department of Commerce are all dedicated to advancing the Nation’s economic well being. If confirmed, I look forward 

to harnessing the strengths of the Department’s bureaus to advance an innovation 

and entrepreneurship agenda, through utilizing a strategic and cross-cutting examination of the Department’s efforts to promote and advance innovation and support 

of creating good, sustainable jobs for the 21st Century. 

Question 5. Governor Locke, thousands of American companies and millions of 

American workers depend upon our anti-dumping and countervailing duty laws for 

protection against unfair practices by imports. As I’m sure you are aware, the very 

first item of President Obama’s trade agenda is ‘‘to promote adherence to the rulesbased international trading system.’’ The anti-dumping and countervailing duty 

laws are an integral part of ‘‘the rules-based international trading system.’’ As Secretary of Commerce, will you commit to making enforcement of our trade laws a top 

priority of the Department? 

Answer. Yes, if confirmed, I will ensure the Department’s commitment to strong 

enforcement of U.S. trade laws remains a top priority. 

Question 6. As you know, the Mexican government announced that it will retaliate 

against the U.S. with import tariffs on certain U.S. goods as a result of the recent 

Omnibus Appropriations Act that the President recently signed into law. What role 

do you see the position of Secretary of Commerce as having in negotiating with the 

Mexican government on these hasty retaliation measures against the U.S.? Do you 

have an opinion on the Cross Border pilot program or the statement made by the 

Mexican government in its reaction to the provision included in the Omnibus Appropriations Act? 

Answer. I am aware of these concerns. I understand that the President has tasked 

the Department of Transportation to work with the U.S. Trade Representative and 

the Department of State, along with leaders in Congress and Mexican officials, to 

propose legislation creating a new trucking project that will meet the legitimate concerns of Congress and our NAFTA commitments. If confirmed, I look forward to 

working with members of the Cabinet, leaders on the Hill, and Mexican officials to 

resolve these concerns. 

68 

Question 7. Inspections of seafood generally falls within NOAA’s jurisdiction—and 

USDA. However, NOAA is only responsible for voluntary inspection of seafood under 

the Agricultural Marketing Act of 1946. We have learned that a significant number 

of Chinese and other Asian fish producers are apparently using antibiotics and 

other substances, such as malachite green or crystal violet, to enhance their production. Do you feel that NOAA’s current inspection regime is adequately protecting 

American consumers from imports with these banned substances? 

Answer. The Food and Drug Administration has overall responsibility for all seafood safety in the United States. It is my understanding that NOAA provides a program utilized by the industry. However, I would be happy to look into the details 

of this program and pledge to work with you on ways to help FDA better protect 

American consumers from imported seafood. 

Question 8. Could you tell me what actions the Department of Commerce will take 

to ensure that harmful imported seafood products are not entering the U.S. market? 

Answer. NOAA supports the FDA mandate on seafood safety both through the 

voluntary seafood inspection service, and through an ongoing research component 

that develops innovative methods to detect and screen for pathogens and chemical 

contaminants. An important component of NOAA’s Seafood Inspection Service is the 

routine inspection of part of the domestic seafood supply contributed from imports. 

NOAA will continue to support FDA’s mandates through these two programs. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. TOM UDALL TO

HON. GARY F. LOCKE

Question 1. As a Congressman, I saw how preparedness efforts for the digital television transition suffered under the previous Administration, which did not give this 

issue enough priority. Mismanagement at the Department of Commerce resulted in 

millions of consumers being placed on a waitlist for TV converter box coupons. 

However, the recent stimulus package provided NTIA at the Department of Commerce $650 million to fund the converter box coupon program and assist vulnerable 

populations which are less likely to be prepared for the DTV transition. What will 

you do differently than the previous Administration to ensure that everyone is 

ready? 

Answer. If confirmed, I will work to ensure that the National Telecommunications 

and Information Administration uses resources from the American Recovery and Reinvestment Act of 2009, signed into law by President Obama on February 17, 2009, 

to enhance the Coupon Program’s and the Federal Communication Commission’s 

consumer outreach to the 4.2 million households still unready for the analog shutoff with; particular emphasis to vulnerable populations—seniors, minorities, low income, persons with disabilities, and those living in rural areas. The Act permits the 

Coupon Program to transfer funds to the FCC for consumer outreach if the Secretary deems it necessary and appropriate. If confirmed, I will consult with the FCC 

to ensure that these funds are utilized in a manner that effectively maximizes consumer outreach efforts. 

Question 2. Will there be direct outreach to affected TV viewers in areas such as 

Albuquerque and Santa Fe, where almost 12 percent of households are ‘‘completely 

unready’’ for digital TV? 

Answer. Yes. The Coupon Program has identified 28 target Designated Market 

Areas that have high percentages of over-the-air households that have not prepared 

for the analog shut-off on June 12. Albuquerque/Santa Fe is number one on the list. 

In addition, the National Association of Area Agencies on Aging and its partners— 

an NTIA grantee—is working in Santa Fe to help consumers apply for the coupon 

and purchase and install the converter box. 

Question 3. Today, most Americans take it for granted that they can get a telephone number or an e-mail address. But in my state, there are New Mexicans living 

in rural areas where there is no telephone or Internet available. Imagine not being 

able to call 911 in an emergency or not being able to run a business since customers 

cannot call you—let alone place an order via e-mail or a website. As the Commerce 

Department works to expand access to broadband, can you assure me that Americans living in areas unserved by telephone and Internet providers will not be left 

behind or neglected? 

Answer. The Broadband Technology Opportunities Program of the American Recovery and Reinvestment Act of 2009 has many important goals. One of these is to 

ensure that improved access to broadband service to consumers living in ‘‘unserved’’ 

areas of the United States. Another purpose of the program is to provide improved 

access to broadband service to consumers residing in ‘‘underserved’’ areas. It is apVerDate Nov 24 2008 13:47 Apr 28, 2010 Jkt 052160 PO 00000 Frm 00072 Fmt 6601 Sfmt 6621 S:\WPSHR\GPO\DOCS\52160.TXT SCOM1 PsN: JACKIE
69 

parent to me that adoption is more of a problem in urban areas, while availability 

is a more pressing concern in rural areas. On March 12, 2009, NTIA published Request for Information that, among other things, seeks public comment on how the 

agency can best meet the goals of the Act, which include providing access to 

broadband service to consumers residing in unserved areas. Public comment on 

these and other issues will be accepted through April 13, 2009. If confirmed, I will 

ensure that NTIA vigorously pursues all opportunities the BTOP affords to begin 

the work of making broadband service available in all areas of the United States. 

Question 4. The Commerce Department houses a diverse collection of agencies and 

divisions. It does everything from supporting scientific research and the commercialization of new technologies to expanding American exports and promoting minority-owned businesses. How do you plan to harness these important Commerce Department initiatives into a coherent strategic vision to promote innovation and create jobs across the country? 

Answer. I am committed to harnessing the talents of the Department to promote 

economic development and job creation. The diverse bureaus of the Department, all 

in their areas of expertise, support American businesses and entrepreneurs. If confirmed, I will actively engage the bureaus in the development of a strategic vision 

to carry out the economic agenda of the Obama Administration. 

Question 5. The U.S. has had huge trade deficits for years. In today’s economic 

climate, American companies face many hurdles to selling their products overseas. 

Unfair trade practices and complex technical regulations in foreign countries can 

also make exporting a real challenge, especially for small businesses. How will the 

Commerce Department help companies in New Mexico reach their full potential for 

exporting their products? 

Answer. The Commerce Department, as the chair of the interagency Trade Promotion Coordinating Committee, has the lead role in ensuring that all U.S. export 

promotion programs and resources are deployed in a strategic and effective manner. 

If confirmed, I will work to ensure that the Department’s export promotion programs, and those of the TPCC member agencies, maximize the competitiveness of 

U.S. businesses, including New Mexican exporters, in the global marketplace. 

Question 6. New Mexico is a beautiful place with terrific tourist destinations like 

historic Santa Fe, the Taos Pueblo world heritage site, and natural wonders like 

White Sands National Monument. Yet international tourism is suffering due to current world economic conditions. How will the Office of Travel and Tourism Industries (OTTI) at Commerce promote tourism in this current economic climate? How 

can the Commerce Department help businesses such as those in New Mexico that 

rely on tourism? 

Answer. I certainly recognize the importance of the U.S. travel and tourism industry to the U.S. economy in general, and New Mexico in particular, and the impact 

of the economic crisis on the industry. If confirmed, I will ensure that the Commerce 

Department undertakes a robust promotion program, developed in close consultation 

with key stakeholders including Members of Congress and the industry. 

Question 7. As the former Governor of Washington State, you are familiar with 

many of the economic challenges facing our Nation’s Indian tribes, especially those 

located far from urban centers. How will the Commerce Department under your 

leadership promote entrepreneurship and business opportunities on tribal lands? 

Answer. EDA and MBDA support economic development capacity building for 

tribal organizations. EDA oversees annual planning grants to more than 50 American Indian and Alaska Native entities to support the development and maintenance 

of regional comprehensive economic development strategies which help these organizations to identify challenges and take advantage of opportunities to support entrepreneurship and economic development. 

MBDA also plays a critical role. I understand that the Office of Native American 

Business Development (ONABD) has successfully collaborated with numerous stakeholders in pursuit of bolstering economic development and sustainability on Indian 

lands. MBDA’s Native American Business Enterprise Centers work with Native 

American entrepreneurs who wish to grow their businesses in size, scale and capacity. These firms are then better positioned to create jobs, impact local economies and 

expand into national and global markets. 

70 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. MARK WARNER TO

HON. GARY F. LOCKE

Question 1. The BTOP program provides us with an enormous opportunity to connect all parts of the Nation to the modern Internet economy. To implement the program successfully, numerous issues have to be addressed, such as defining 

‘‘unserved’’ and ‘‘underserved,’’ determining what role state governments will play 

in the process, coordinating with other Federal agencies, determining how funding 

priorities should be set, and countless other questions that commenters are sure to 

raise. What will you do to ensure that NTIA adequately addresses these issues in 

the short time it has, and that it does so in a transparent manner? 

Answer. NTIA has taken a number of steps to ensure it implements the BTOP 

program quickly and transparently. First, NTIA issued a Request for Information 

seeking public comment on a multitude of issues. Comments can be filed electronically or by mail. All comments received will be posted on an NTIA website for public 

review. To ensure that NTIA has the ability to act quickly, all comments are to be 

filed no later than April 13, 2009. In addition to seeking written public comment, 

NTIA, in coordination with the Department of Agriculture, is hosting 6 days of public roundtable meetings each dedicated to specific issues that must be addressed in 

implementing BTOP. Again, to make the program transparent, the roundtables are 

being webcast and questions for the panelists can be submitted by phone or e-mail. 

I am confident that NTIA will take the public input from the roundtable meetings 

and written comments and rapidly fashion all necessary rules and grant application 

guidelines to enable the Department rapidly to get stimulus funds in the hands of 

those who can use it to provide jobs and promote broadband deployment. 

Question 2. How will you ensure that efforts by applicants to obtain funding from 

various stimulus funding programs outside of BTOP—with the Department of Energy for example—are coordinated? 

Answer. NTIA is working closely with the Department of Agriculture to ensure 

that the RUS loan program and the BTOP program are fully coordinated, both to 

reduce the administrative burden on applicants and to ensure that the people’s 

stimulus money is spent quickly and wisely to promote job creation and broadband 

deployment. President Obama has directed each agency to establish their own Recovery Act web page which will give applicants up-to-date account of the funds allocated to them by the ARRA. This includes the amount and type of grants authorized 

to each agency by the ARRA. 

Question 2a. In Virginia, I chaired the Virginia Broadband Roundtable, which was 

charged with delivering a ‘‘blueprint’’ to assist Virginia communities with broadband 

planning and deployment. The Roundtable is about to publish a broadband availability map of Virginia, and has already created a ‘‘community tool-kit’’ to serve as 

a roadmap for communities seeking to obtain affordable last-mile broadband services through a community influenced model. Are there any plans to reach out to 

states that have such resources to compile best practices for others to follow? 

Answer. As a former Governor, I recognize that the states are valuable laboratories from which the Federal Government can learn many key lessons regarding 

best practices for programs on the national level. Similarly, NTIA also recognizes 

the instructive value of the states and their roles as partners in the Broadband 

Technology Opportunities Program. In the American Recovery and Reinvestment 

Act, Congress wisely directed that NTIA consult with the states with respect to the 

best ways to identify areas to which broadband grant funds should be directed and 

the proper allocation of grant funds. Additionally, NTIA has already begun meeting 

with officials from the states and has been actively soliciting input with regard to 

models and methodologies. If confirmed, I will direct NTIA to continue to reach out 

to the states and to consult with them in our common goal of providing broadband 

to every American. 

Question 3. What will you do to provide BTOP applicants with the resources they 

need to plan as NTIA resolves many of the fundamental underlying issues of BTOP? 

Answer. One of the most important resources that NTIA is providing prospective 

BTOP applicants is a seat at the table as NTIA determines a final rule for BTOP 

applications. NTIA is holding public meetings until March 24 and accepting public 

comment until April 13 so that the American public, including prospective BTOP 

applicants, can provide input on how the process should be structured. If confirmed, 

I will move swiftly to ensure that NTIA provide the best resources possible to BTOP 

applicants. 

Question 4. The BTOP program also includes a large pool of money for infrastructure mapping. Can you provide your thoughts on how these funds will be allocated, 

71 

and to whom (states, private vendors, etc.) and how the data collected/mapped will 

be integrated with the Form 477 data that is being collected by the FCC? 

Answer. Along with numerous other issues, NTIA is seeking public comment on 

the best practices for broadband mapping until April 13 and NTIA will be holding 

a public meeting on March 23 that will focus on broadband mapping specifically. 

Furthermore, NTIA has already begun consulting with broadband mapping experts 

in the states to gain insight into best practices from those who have already engaged in the mapping process at the state level. NTIA is aware that there are certain advantages to collecting data in a format that will dovetail with the FCC’s 

Form 477 data and will factor in such advantages into its consideration. Therefore, 

while the format of mapping data and precise allocation of mapping funds is yet to 

be determined, NTIA is working diligently to develop a complete mapping plan. 

Question 5. The BTOP funding is segregated into several deployment categories, 

including connecting community centers. Can you speak to whether you view the 

expressed categories as guidelines for funding levels (meaning that there will not 

be separate applications for each category)? Or is it intended that each category be 

addressed/funding applied for separately? 

Answer. I do not yet have a view on the necessity or advisability of separate applications. It is my understanding that at the public roundtables NTIA has conducted 

to date, several panelists and commenters expressed a preference that NTIA do 

whatever it can to minimize administrative burdens on grant applicants and suggested that there be a single application form for both the BTOP and the Department of Agriculture’s RUS programs. 

Question 6. Should private providers be allowed to apply directly for funding? How 

will NTIA determine whether the proposed services are the ‘‘best fit’’ for the community they serve—i.e., providing affordable, sufficient band-width, with adequate coverage? 

Answer. The Act gives States, territories, Indian tribes, native Hawaiian organizations and nonprofits the right to apply for grants under BTOP. Other entities can 

apply for grants if NTIA finds by rule that accepting grants from them is in the 

public interest. Public comment both in response to the Request for Information and 

from the roundtable meetings will inform NTIA as to the advisability of for-profit 

entity participation in BTOP. As to ‘‘best fit,’’ NTIA’s scrutiny of grant applications 

will allow it to determine if a proposed application is worthy of funding. In addition, 

NTIA is empowered by the Act to consult with a State or territory regarding the 

allocation of grant funds within the State for projects in or affecting the State. 

Question 7. Given that a portion of the BTOP is directed toward serving 

‘‘unserved’’ communities, what role will the promotion of broadband competition in 

local markets play in your decision-making, as competition is likely to spur the 

growth of a greater variety of more affordable solutions? 

Answer. Congress has wisely mandated that NTIA consider such factors as whether a grant will increase the affordability of, and subscribership to, service to the 

greatest population of users in an area and provide the greatest broadband speed 

possible to such population. Fostering healthy competition is one important way to 

ensure that these goals are accomplished. If confirmed, I will direct that NTIA carefully consider the effect of grants in competition and improving the quality of 

broadband services nationwide and in our local communities. 

Question 8. What role can the Department play with respect to the ‘‘insourcing’’ 

of jobs from other countries? 

Answer. If confirmed, one of my priorities will be to examine how the various 

parts of this very diverse organization can contribute to high wage job growth by 

leveraging Departmental resources to spur innovation and support entrepreneurship. If we work in this way to improve the competitiveness of U.S. businesses and 

take care in monitoring compliance with our trade laws, the end result will be a 

strengthening of our international economic position, increased domestic job opportunities, and a rising standard of living for our citizens. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. MARK BEGICH TO

HON. GARY F. LOCKE

Question 1. The Commerce Department plays a major role in funding the work 

of the Denali Commission which for over 10 years has coordinated the work of Federal agencies in rural Alaska to address such basic infrastructure needs as bulk fuel 

storage, solid waste, and teacher housing, as well as economic development and 

training and other programs. Looking ahead, the Denali Commission will also tackle 

rural needs for renewable energy and broadband communications. Do you support 

72 

continuation of the Denali Commission and its work to bring to rural Alaska the 

same level of basic services that most Americans take for granted? 

Answer. The Department’s Economic Development Administration (EDA) has developed a close working relationship with the Commission and we collaborate on 

areas of common interest and occasionally fund joint projects. EDA anticipates that 

it will continue to work closely with the Commission to support economic development activities in rural Alaska. 

Question 2. Climate change is bringing dramatic change to Alaska’s Arctic region—its people and communities. There already has been permafrost thawing, 

coastal erosion that undercuts communities, changes in fish migration patterns, and 

a dramatic reduction in Arctic sea ice. It has been predicted that the Northwest Passage could be ice-free in summer within the next decade. The Commerce Department plays a critical role plays understanding and addressing the impacts of Climate Change. Given the impacts of climate change already apparent in Alaska what 

should we be doing to ensure the long-term viability and survival of Alaska communities and Native peoples’ culture, economy, and subsistence way of life? 

Answer. Alaska is already showing signs of impacts from a changing climate on 

its natural and human environment. Alaska’s communities and Native peoples’ culture, economy, and subsistence way of life are vulnerable to such impacts. In order 

to ensure the long-term sustainability of these communities and cultures, authoritative, timely and accessible climate information and service must be made available at the state and local level. Communities must be supported in their efforts 

to adaptation to a changing climate. This includes tailoring climate research and 

science activities to support adaptation decision-making, as well leading efforts to 

assist communities in assessing their risks and vulnerabilities and developing strategies for action. Should I be confirmed, I look forward to working with NOAA to 

address these issues. 

Question 3. What steps should be taken to address increased commercial activity 

in the Arctic such as oil and gas exploration, shipping and tourism? 

Answer. Not only is NOAA charged with protecting, restoring and managing our 

coastal and ocean resources, it is also called upon to support the Nation’s commerce 

with information for safe, efficient, and environmentally sound transportation. As 

commercial activity in the Arctic expands, NOAA has many services and a broad 

expertise to bring to bear including resource protection, climate monitoring, and oil 

spill response. Should I be confirmed, I will work with the leadership at NOAA to 

ensure all of NOAA’s abilities are available as Federal agencies prepare for such an 

expansion. 

Question 4. How can we get a more stable budget for NOAA’s research in the Arctic and is it time we passed a NOAA Organic Act? 

Answer. It is my understanding that NOAA has a number of research activities 

in the Arctic, the specific details of which I am not aware. Nor am I aware of the 

specific funding associated with those activities. That said, the Arctic region is at 

the forefront of realizing significant environmental change from the warming of the 

planet. Arctic research should be an ongoing, stable component of a larger climate 

change research program both at NOAA and across Federal agencies. 

With regard to a NOAA Organic Act, while I can’t speak to any specific Act, I 

do support the idea of codifying NOAA’s current mission within the Department of 

Commerce and, if confirmed, look forward to working with you to that end. 

Question 5. As the United States prepares for COP–15—the United Nations Climate Change Conference in Copenhagen in December, it is my understanding that 

NOAA has been advised that ‘‘feedbacks’’ from the Arctic region are growing—methane rising from the thawing permafrost; more heat being absorbed by the ocean 

which, lacking ice, reflects less solar radiation back into space. We’re concerned not 

only of the impacts of climate change to the Arctic, but the increasing—and unforeseen—contribution of greenhouse gases and heat from the Arctic. Can we work to 

ensure that the growing Arctic feedbacks are assessed and information shared 

among nations as we negotiate a climate regime? 

Answer. Should I be confirmed, climate change will be one of my highest priorities. My focus will include ensuring we work with our international partners to assess arctic feedback and share related information. 

Question 6. Here at home, support for the co-management activities your Department provides with the Department of the Interior are often the first cut when 

budget problems arise. All parties involved say they are navigating without appropriate information. Efforts to jointly manage other marine mammals in this region— 

such as whales and walrus—also suffer from neglect. We need NOAA’s commitment 

to undersea mapping of the Alaska coast. As Secretary, will you work to ensure that 

we have a much stronger, enduring bilateral relationship with Russia—not only 

73 

with your fish and marine mammal portfolio but also with international Commerce 

portfolio? 

Answer. I understand the Administration is reviewing the full range of our bilateral relationships including that with Russia, and aspects of our commercial relations would be part of the review. If confirmed, I look forward to hearing your ideas 

and working with you on ways to expand our commercial relationship. 

Question 7. Can you confirm for the Committee that you will actively support the 

opportunities in fisheries, marine mammal conservation, transportation, telecommunications, and tourism? 

Answer. I do commit to actively supporting opportunities in fisheries, marine 

mammal conservation, transportation, telecommunications, and tourism. I think this 

is an area where we might usefully leverage the diverse functions of the Department in order to achieve improved results. 

Question 8. Likewise, can you guarantee for us that you will be in regular consultation with your counterpart in Russia on a number of matters in this part of 

the world and to reinstate the International Trade Coordinator the Foreign Commercial Service once had in Anchorage. 

Answer. Exports are an essential element of economic growth. If confirmed, I look 

forward to working with you to develop and effectice export promotion strategy and 

will assign a high priority to review your request regarding U.S. Foreign and Commercial Service staffing in Alaska. 

Question 9. Alaska’s economy—and that of the Nation—depends largely on international trade (AK exports totaled: $3.6 billion in 2007 of which 50 percent was seafood and 30 percent minerals; major partners: Japan, China, Korea, Canada; air 

cargo alone plays a big role in the Alaska economy). The current global credit crisis 

and recession are hitting international trade hard. What steps do you think are necessary to rebuild and reinvigorate international trade? 

Answer. The most important thing is full and effective implementation of stimulus 

programs here in the United States and in foreign markets to unfreeze credit and 

stimulate demand. The legislation enacted by Congress and signed by the President 

is a step forward to that end, and if confirmed, I look forward to working with you 

on additional ideas to reinvigorate international trade. 

Question 10. Past administrations have considered eliminating the EDA program, 

yet in Alaska EDA grants are important to creating new jobs and economic opportunities, especially in rural Alaska. Do you support continuation of the EDA program 

and, if so, what role do you see it playing? 

Answer. The Department of Commerce’s Economic Development Administration 

(EDA) is tasked with leading ‘‘the Federal economic development agenda by promoting innovation and competitiveness, preparing American regions for growth and 

success in the worldwide economy.’’ This mission is critical in both robust economic 

times and in times of economic decline. For that reason, the President has included 

EDA in its FY10 budget overview and provides $50 million in regional planning and 

matching grants to support the creation of regional innovation clusters that leverage 

regions’ existing competitive strengths to boost job creation and economic growth. 

The budget overview also launches a $50 million initiative in EDA that will create 

a nationwide network of public-private business incubators to encourage entrepreneurial activity in economically distressed areas. 

In addition, EDA is working closely with the Department to distribute the $150 

million in funding EDA received through the American Recovery and Reinvestment 

Act with priority for areas experiencing severe job losses due to corporate restructuring. 

Question 11. Alaska’s marine fisheries are managed by the North Pacific Fishery 

Management Council and generally considered one of the most well-managed fisheries in the world, producing some 62 percent of the Nation’s seafood landings and 

with no stocks considered overfished. What, if any, changes to the Regional Fishery 

Management Council process do you propose that may affect Alaska? 

Answer. I commend the Alaska Regional Fishery Management Council for managing such large and productive ecosystem. Should I be confirmed, I will encourage 

them to continue to ensure that stocks are not overfished and that all fishery management plans are consistent with the Magnuson-Stevens Act. 

Question 12. Alaska already has the largest closed areas in the world, some 

900,000 square miles including the recent closure of the Arctic to fishing. Yet some 

have proposed more restricted Marine Protected Areas, ‘‘no take zones,’’ to further 

restrict fishing in certain areas. Do you support the Administration taking additional actions, including use of the Antiquities Act, to restrict close fishing areas 

74 

above and beyond the closures already adopted that the regional council process? 

If so, what say would Alaska have in the decisionmaking process? 

Answer. I support including a public process when possible. I believe the National 

Marine Sanctuaries Act has a superior process for designating marine protected 

areas, which includes opportunities for input from the states and the public-at-large. 

Question 13. The State of Alaska has banned finfish farming from its waters to 

check the spread of invasive species and disease that could threaten its abundant 

wild stocks. Do you support the initiative to permit offshore aquaculture in Federal 

waters including Alaska? 

Answer. I am not familiar with the basis of NOAA’s decisions on homeporting of 

its vessels. I know that conducting fleet operations in Alaska is important to NOAA 

and the State. Should I be confirmed, I look forward to learning about homeporting 

decisions and working with you and the rest of the Alaska delegation to address any 

concerns you have. 

Question 14. The Commerce Department conducts significant marine research in 

Alaska yet most of the vessels doing this research are home-ported outside of the 

state, in Oregon, Washington or California. Will you work with the Alaska delegation so more research vessels conducting Alaska research are based in Alaska? 

Answer. I am not familiar with the basis of NOAA’s decisions on homeporting of 

its vessels. I know that conducting fleet operations in Alaska is important to NOAA 

and the State. Should I be confirmed, I look forward to learning about homeporting 

decisions and working with you and the rest of the Alaska delegation to address any 

concerns you have. 

Question 15. Will you support funding for replacement of the now-condemned 

NOAA dock facility in Ketchikan? 

Answer. I am not familiar with the dock facility in Ketchikan, but look forward 

to familiarizing myself with the issue, should I be confirmed, so I can comment on 

the funding. 

Question 16. NOAA listing of species such as Cook Inlet beluga whales restricts 

Federal funding of activities that may affect the species which in turn can effect 

fishing, oil and gas development, expansion of the Port of Anchorage, a vital lifeline 

for most Alaskans and the U.S. military presence there, and wastewater treatment 

facility, even though it’s not demonstrated that these activities have any effect on 

the species. As Secretary, how will you deal with application of the Endangered Species Act? 

Answer. The Endangered Species Act is a valuable tool to protect our most vulnerable species from extinction. The protections it affords species such as the Cook 

Inlet beluga whale are important to its survival. Activities that may jeopardize a 

threatened or endangered species’ existence are often important to a state’s economy. Should I be confirmed as Commerce Secretary, I will ensure that all activities 

are balanced with species conservation as prescribed by the Endangered Species 

Act. 

Question 16a. Will you assure Alaskans that all such decisions will be based on 

the best available science? 

Answer. The Magnuson-Stevens Act requires that all decisions are based on the 

best scientific data, not just for Alaska, but for the Nation. It is imperative to a 

healthy ecosystem to ensure that decisions made on fishery management plans are 

based on the best available science. 

Question 17. Last year the Government Accountability Office (GAO) added the 

2010 Census to their ‘‘High Risk’’ list, questioning the readiness of the Census Bureau to carry out the 2010 Census. Specifically the GAO cited problems with information technology, operational management, and the overall cost (est. $14 billion) 

of carrying out the 2010 Census. Alaska has its own unique concerns with getting 

an accurate count with a highly transient population that extends to extremely 

rural areas and yet the count is extremely important for formula funding and other 

applications. As Commerce Secretary what will you do to make sure that the 2010 

Census is successful and avoids cost overruns? 

Answer. If confirmed, I will continue processes already in place that help senior 

management at the Commerce Department know exactly where the Census program 

is on its planning and implementation. This includes regular briefings on the status 

of the budget, schedule, risks, and issues that are currently provided to the Department of Commerce and the Office of Management and Budget. I understand that 

the Census Bureau has in place a risk management plan that includes risk mitigation plans (to avoid issues) and risk contingency measures. The Census Bureau has 

included contingency funds in its budget requests to address unforeseen events 

(such as the potential impact of the current economy on completing the census). I 

75 

intend to monitor the management of the 2010 Census closely to ensure that that 

strict cost control measures are in place, and I will report to the Congress regularly 

so that we can work together to address any emerging issues quickly and transparently. 

Question 18. Will you work with the Alaska Native Tribes and regional Native 

Corporations to ensure an accurate count in Alaska? 

Answer. Yes. I will work closely with both the Census Bureau and its AIAN stakeholders throughout the decennial process to ensure an accurate count. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. HARRY REID TO

HON. GARY F. LOCKE

Question 1. Government policy-makers and businesses require accurate information about the nature and quality of U.S. trade with specific nations and regions 

to make informed decisions about where to commit their resources and take advantage of foreign market opportunities. These decision-makers also require accurate 

information on the nature of foreign direct investment in the United States in order 

to prioritize their economic development activities and international operations. 

While the Federal Government has developed the means to track Federal and 

state merchandise exports, significant gaps remain. Little progress has been made 

in collecting state-level import data. More importantly, almost no data exists that 

tracks America’s services exports or imports at the state level. This is problematic, 

given that services are an increasing portion of the U.S. economy. 

Further, on February 23, 2009, the Bureau of Economic Analysis issued a final 

rule in which it stated that the Bureau would no longer collect important state-level 

data measuring the number of manufacturing employees, gross property, plant, and 

equipment, and commercial property as part of its annual survey of foreign direct 

investment in the United States. This is problematic given that the states have primary governmental responsibility for attracting foreign investment into the United 

States, and rely on this information when developing their economic development 

plans. 

Additionally, on June 4, 2008, the Bureau of Economic Analysis announced that 

it would terminate the survey of new foreign direct investment in the United States, 

which provides insight into whether FDI is an acquisition of existing U.S. assets or 

is a ‘‘greenfield’’ investment. This data may be important to policymakers, however, 

as there may be different policy implications between these types of foreign direct 

investment. 

Finally, in recent years there has been extensive attention paid to the role of investments by sovereign wealth funds. There has been interest in ensuring the transparency of the activities of sovereign wealth funds. One way to add to the transparency of sovereign wealth funds is to ensure data collection by the U.S. Government on the foreign direct investment into the United States by sovereign wealth 

funds, while of course respecting business confidential information. 

Governor Locke, are you willing to ensure that sufficient resources are provided 

to ensure that state-level investment data continues to be collected by the BEA? 

Answer. The Administration understands the importance of this detailed data on 

foreign direct investment and we will work with BEA to restore, update, and correct 

statistical problems with these series. In the current Fiscal Year, BEA is developing 

a more comprehensive survey that addresses gaps in coverage of certain types of foreign investments and restores detailed data eliminated from the BEA surveys (as 

well as data on ‘‘greenfield’’ investments). After the release of the President’s FY 

2010 budget, we will provide additional information on future improvement to foreign direct investment data collection. 

Question 2. Do you have a plan to develop more accurate state-level services export data, and more accurate state-level import data for both goods and services? 

Answer. BEA delivered a report to the Congress in 2008 on the feasibility of producing state-level data on exports and imports of services and is working with the 

Department’s International Trade Administration on developing prototype estimates. After that work is complete, we will have a better estimate of what would 

be required to produce accurate and complete state-level estimates. The International Trade Administration also has a program with the Census Bureau to 

produce state-level exports of goods. What might be required for Census and BEA 

to produce on-going state-level data on imports and exports of goods and services 

can be examined after the BEA–ITA work on prototype estimates is complete. 

Question 3. Will you ensure that the BEA does not terminate its survey of new 

foreign direct investment in the United States, so that policymakers and the public 

76 

will continue to have data that distinguishes between foreign direct investment in 

the United States that is an acquisition and foreign direct investment that is socalled ‘‘greenfield’’ investment? 

Answer. We are working to restore the complete set of foreign direct investment 

data, including the Greenfield data. 

Question 4. Would it be possible for the BEA to gather and publish data on foreign 

direct investment in the United States by sovereign wealth funds while respecting 

business confidential information? If so, do you believe it would be worthwhile to 

gather such data? 

Answer. Most sovereign wealth funds’ investments are portfolio rather than direct 

investments (their ownership share of companies is normally less than 10 percent). 

Data on portfolio investments in BEA Balance of Payments Accounts data are collected by the Treasury Department, and would require inter-departmental collaboration with Treasury to develop integrated FDI and portfolio statistics on sovereign 

wealth funds. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. OLYMPIA J. SNOWE TO

HON. GARY LOCKE

Question 1. Given the devastating effects of the current economic crisis, I believe 

that the Department of Commerce must first and foremost focus on the preservation 

and creation of American jobs. The U.S. economy has lost 3.6 million jobs since the 

onset of the recession—the most since 1945. The Department of Labor has reported 

the number of people receiving unemployment benefits has reached 4.8 million, the 

highest since record-keeping began in 1967—and this number does not include the 

nearly 1.7 million receiving benefits through an extension last summer. 

With its statutory mission ‘‘to foster, promote, and develop the foreign and domestic commerce’’, the Department of Commerce has a mandate to defend and grow the 

American economy through job preservation and creation. Yet the diverse and disparate agencies that comprise the department have little or no occasion to coordinate their efforts toward maximizing the job maintaining and creating potential of 

the department. While divisions such as the Economic Development Agency and the 

Minority Business Development Agency each have their own programs to increase 

employment in their respective target communities, there is the potential for even 

greater job creation through the coordination of their efforts with the core functions 

of other department components, such as the export-promoting activities of the 

International Trade Administration, the economic analysis of the Economics and 

Statistics Administration, and the stewardship of technological innovation by the 

National Telecommunications and Information Administration. 

That is why I will introduce legislation to establish a Job Creation Coordinator 

at the department. Answering directly to the Secretary of Commerce, the Coordinator would not only ensure that each agency is carrying out its primary mission 

in a way that maximizes U.S. employment, but would also identify and implement 

opportunities to link separate programs being carried out by the agencies in a way 

that ensures that department resources are being spent in a manner which guarantees the utmost job creation per dollar appropriated. 

Governor Locke, as Commerce Secretary, would you prioritize American job preservation and creation, and work with this Committee to ensure that the disparate 

agencies of the department coordinate their efforts as necessary to maximize their 

job creating potential? 

Answer. I can assure the Committee that, if confirmed, I fully commit to 

leveraging the inherent strengths of the various bureaus of the Department of Commerce so to maximize job creation and retention throughout the American economy. 

Each of the bureaus of the Department provides depth to specific elements of the 

American economy, be it pure scientific research, protection of natural resources, the 

support and promotion of business or direct job promotion. I believe the Department 

is particularly well situated to assist President Obama’s goal of job creation and retention and of the strengthening of the American economy. 

I understand that the Department has embraced an integrated approach to the 

administration of funds received through the American Recovery and Reinvestment 

Act (ARRA). The Department has implemented the effort, as I understand it, corporately to ensure the Department is implementing its responsibilities well. 

If confirmed, I look forward to working closely with this Committee on this important management challenge, and hope that our collective efforts at Commerce may 

serve as a model for the rest of government. 

Question 2. I understand policies and priorities, one need look no further than the 

budget, and in the Commerce Department, more than half of your budget will fund 

77 

the National Oceanic and Atmospheric Administration. While it was a positive step 

to see an increase in the previous administration’s budget request for FY 2009 putting NOAA’s overall request above $4 billion for the first time, this increase was 

not adequately represented across all of NOAA’s functions. In fact, absent an increase in funding for satellite programs, the 2009 request was a flatline, and the 

National Ocean Service and National Marine Fisheries Service actually experienced 

a decrease of nearly $50 million each. It is in the process of allocating scarce funding resources that we truly reveal what programs we want to carry out and in what 

manner, and how we rank the importance of various programs. 

What is your opinion of the adequacy of NOAA funding under the 8 years of the 

Bush Administration? 

While the top line has increased to around $4 billion, we have seen more and 

more of that go toward satellite programs. This is understandable, but it is also 

troubling to see other NOAA programs get funding cuts. What is your plan for making sure that these other non-satellite programs—whether in fisheries, endangered 

species research, ocean science, marine mammals, and so on—receive the appropriate level of funding? 

How are you preparing to work with the Office of Management and Budget and 

other agencies to develop an effective budget that avoids interagency redundancy 

and leaves no gaps for NOAA missions that are inherently tied to the work of other 

agencies? 

Answer. On March 11, President Obama signed the FY 2009 Omnibus Appropriations Act which dramatically increased NOAA funding from prior years. Coupled 

with the additional funding provided NOAA in the American Recovery and Reinvestment Act, NOAA’s Fiscal Year 2009 funding is unprecedented and will enable 

NOAA to address many of its pressing infrastructure needs and program challenges. 

If confirmed, I will work with OMB and the Congress to see that this progress can 

be built on for the future. While it is true that the cost growth in NOAA’s satellite 

programs has been a challenge, I assure the Committee that the management of 

these critical procurements will be one of my top priorities. I will work with the 

Congress to find ways to accommodate these vital but challenging satellite programs 

within NOAA’s other priorities. I will also work to ensure that going forward 

NOAA’s budget process is robust, forward-looking, and adequately accounts for the 

Nation’s needs for oceanic and atmospheric information and services as well as the 

activities of other agencies. 

Question 3. As Governor of Washington, you received two fisheries disaster declarations in your state, for Pacific salmon and Pacific groundfish. As you and I discussed last week, our New England groundfishery has seen major declines in revenue in recent years—landings value has dropped 32 percent in New England since 

2002, by a total of more than $41 million. In the state of Maine, the landings decline 

has been 55 percent. And the industry is currently facing regulations designed to 

rebuild fish stocks that would cut fishing effort further for 2009—to just 20 days 

on average. 

Since 2007, the Governors of Maine, Massachusetts and Rhode Island have sought 

a Federal disaster declaration which would allow access to funding to ease the burden on our groundfishing industry. To date, these requests have been unsuccessful, 

despite several letters of support to Secretary Gutierrez from the New England Congressional delegation and a Senate Resolution (S. Res. 376 from the 110th Congress) 

that unanimously supported this fisheries disaster declaration. Without such a declaration and the access to funding it would allow, we could literally see the end of 

an industry that predates even the Pilgrims’ arrival in North America. 

As Secretary of Commerce, how would you handle fisheries disaster requests? 

What criteria, and what timeframe, will you use to determine whether a fishery has 

experienced a ‘‘disaster’’? 

Answer. From my experience as Governor of Washington, I understand that a 

lack of clear guidance and criteria can be frustrating for those seeking a disaster 

determination. Should I be confirmed as Secretary of Commerce, an important first 

step of mine will be to clarify criteria and timeframes for the disaster request and 

determination process. 

Question 4. When Congress reauthorized the Magnuson-Stevens Act in 2006, we 

included language allowing the Secretary to declare a disaster as a result of regulatory restrictions. In the last days of the Bush Administration, NOAA issued proposed regulations stating that despite Congress’ directive, the Secretary would not 

declare a disaster in all cases where regulations are effectively shutting down fishing for most fishermen—even under a NOAA-approved management plan intended 

to achieve rebuilding targets. Do you agree with this edict from the last Administration? If so, how does such a mandate carry out Congressional intent? 

78 

Answer. The issue of fisheries disaster determinations is something I plan to look 

at closely should I be confirmed as Secretary of Commerce. We certainly need to follow the law and I will commit to carefully reviewing the regulations proposed in 

January and ensuring that any final regulations are fully consistent with the Act 

and Congressional intent. 

Question 5. I have served as the Republican leader of the Subcommittee on 

Oceans, Atmosphere, Fisheries, and Coast Guard for more than 12 years, and during my tenure I have seen the relationship between the National Marine Fisheries 

Service and our fishing industries erode to what we have now—a polarized culture 

in which mistrust is mutual and pervasive. Frankly, as a life-long Mainer, I have 

never seen such tension between the fisheries regulators and our fishermen. On 

February 26, 2009, the Commerce Inspector General issued a report that underlined 

this history of, as he put it, ‘‘poor communication and mistrust’’ in the Northeast 

Region. As long as this contentious relationship continues, it will undermine any attempts to move forward with credibility and cooperation. What bold steps can we 

take to cast off the ghosts of the last administration and instill a new willingness 

from all parties to work together? 

Answer. I am troubled by the mistrust that has built between NOAA’s National 

Marine Fisheries Service and the fishing community and I think a change in administration can be the impetus for improving these relationships. It is incumbent on 

the Agency to reach out to the fishing community and communicate its science and 

policies clearly. I intend to commit more staff and resources to meet the communication needs of the fishing community. I also plan to work with the NOAA Administrator to strengthen cooperative research so fishermen are more engaged in the scientific process. These actions are critical for productive dialog and to end the mistrust that exists today. 

Question 6. Are you willing to commit to closely examining the culture and attitudes pervasive in the National Marine Fisheries Service’s Northeast Regional Office, and report back on the changes you make to improve the way it interacts with 

fishermen? 

Answer. Yes, I am fully committed to improving the relationship between NOAA 

and fishermen all over the country, and most particularly in New England. I will 

work closely with the NOAA Administrator to improve the trust between the agency 

and fishermen, and will report back to you often on the changes we are making. 

Question 7. Can you commit to putting a greater emphasis on socio-economic 

funding, research, and assessment, so that you have a greater understanding of the 

communities NOAA must regulate? 

Answer. Socio-economic research is critical to understanding the impacts of fishing regulations and I will commit to putting greater emphasis on understanding the 

perspectives of fishermen and fishing communities in this process of management. 

If confirmed, I look forward to working with you on this effort. We must work together to help solve these difficult problems. We must find a way to achieve longterm sustainability for our fisheries in New England without compromising this important way of life for fishing communities. 

Question 8. While Governor of Washington State you were instrumental in developing regional salmon recovery efforts for wild Pacific salmon, negotiating with Canada over joint management of trans-boundary salmon stocks, and working with the 

Washington Congressional delegation to secure Federal funds for restoration of 

ESA-listed stocks of Pacific salmon. During your tenure, you coined the phrase ‘‘extinction is not an option’’ in reference to ESA-listed Chinook salmon in Puget Sound. 

According to the National Marine Fisheries Service (Status Review for Anadromous Atlantic Salmon (Salmo salar) in the United States—July 2006) both the 

Long Island Sound Distinct Population Segment (DPS) of Atlantic Salmon (Salmo 

salar) and the Central New England DPS have been extinct since the mid-1800s. 

The few fish that currently return to these river systems are the product of restoration projects using donor-fish from the Penobscot River in Maine. On November 17, 

2000, the National Marine Fisheries Service and the U.S. Fish and Wildlife Service 

listed the Gulf of Maine Distinct Population Segment of Atlantic salmon (Salmo 

salar) as endangered under the Endangered Species Act, and the listing of Atlantic 

salmon in the Penobscot, Kennebec, and Androscoggin River appears imminent. If 

confirmed, would you champion preservation of Atlantic salmon the way you did in 

Washington State? 

Answer. I believe that recovering threatened and endangered fish populations is 

absolutely essential and I hope my experience with Pacific salmon will provide a 

useful perspective to examine this issue. 

Question 9. The joint recovery effort shared by the National Marine Fisheries 

Service and the U.S. Fish and Wildlife Service appears to create an ineffective and 

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inefficient program for overseeing the recovery of Atlantic salmon. What steps can 

you take to restore the integrity of the Federal role in recovery? Would you be willing to exert a lead role for NMFS if it appears that the joint interagency effort is 

dysfunctional? 

Answer.I am not yet familiar with the specific issues regarding recovery of Atlantic salmon in Maine, and the interagency jurisdictional issues involved. But, if confirmed, I will certainly work to improve efficiencies and ensure a strong working relationship between NOAA and U.S. Fish and Wildlife Service. 

Question 10. In a June 4, 2004 letter to Admiral James D. Watkins, Chair of the 

United States Commission on Ocean Policy, you state ‘‘I also support the use of Marine Protected Areas.’’ But you also note the need for retaining control under NOAA, 

ensuring flexibility, and ensuring local support. President Bush disregarded these 

principles when he used the Antiquities Act to declare large Marine Protected Areas 

in Hawaii (Papahanaumokuakea National Monument) and other remote areas of the 

Western Pacific Ocean. If confirmed as Secretary, under what circumstances, if any, 

would you recommend the use of the Antiquities Act in designating marine protected areas? 

Answer. I support an open and transparent process in MPA designations, such as 

in the National Marine Sanctuaries Act. 

Question 11. As you are aware, trade enforcement authority is currently divided 

between the Department of Commerce’s International Trade Administration, and 

the Office of the U.S. Trade Representative. While the ITA is the lead agency in 

implementing U.S. laws prohibiting trade subsidies and dumping by foreign countries, it has only an advisory role with respect to countering foreign violations of 

trade agreement obligations, over which USTR has primary enforcement authority. 

The problem with this arrangement—besides inefficiently sustaining two separate 

bureaucracies tasked with monitoring foreign compliance with trade agreements— 

is that USTR has an inherent institutional conflict of interest in seeking to negotiate trade liberalization agreements on the one hand, while defending import-sensitive U.S. industries against those same trade partners on the other. 

This conflict of interest has manifested repeatedly in USTR’s outrageous resistance to public calls for trade enforcement in recent years. It is a shocking fact that 

all five of the public petitions for trade enforcement action—each concerning currency manipulation or labor exploitation by China—filed during the previous Administration was denied by the office of the U.S. Trade Representative—in some 

cases on the same day they were filed! 

I see two ways of rectifying this unacceptable situation: either provide for independent review of USTR’s decision NOT to take enforcement action, or move trade 

enforcement authority to an agency better equipped to handle it. I am delighted to 

have the support of my friend, the esteemed Chairman of this Committee in advancing the first of these options with the Snowe-Rockefeller ‘‘Trade CLAIM Act’’, which 

would allow for independent, judicial review of decisions by USTR NOT to take enforcement action under Section 301 of the 1974 Trade Act—the statute setting forth 

the process by which the U.S. businesses, workers and citizens can request trade 

enforcement action. Under that bill, workers, business and other members of the 

public who have had a petition for trade enforcement denied by USTR would be able 

to appeal that denial to the U.S. Court of International Trade, which would have 

the authority to force USTR to take enforcement action. 

The second option—which I will be proposing in forthcoming legislation—is to 

completely overhaul the inter-agency trade enforcement process by moving primary 

trade enforcement authority from USTR—whose staff spend three-quarters of their 

time negotiating new free-trade agreements and has failed to accept a public petition for enforcement action for 12 years—to the ITA, which is tasked with looking 

out for American businesses. Indeed, it was similar concern with the Treasury Department’s unwillingness to make use of U.S. anti-dumping laws as requested by 

American businesses that caused Congress to move anti-dumping authorities to 

Commerce from the Treasury Department in 1979. 

Governor Locke, what do you think should be done to end the effective ‘‘shutting 

out’’ of American workers, businesses and citizens seeking more aggressive trade enforcement action from the government? Do you feel that agencies other than USTR 

should play a more proactive role in the enforcement of U.S. trade rights? 

Answer. Enforcement will clearly be a top priority for this Administration and for 

me personally. Protecting workers and U.S. businesses from unfair trade practices 

and opening markets abroad is a core mission of the Commerce Department and 

will remain so. I look forward to working with you and other Members of Congress, 

the Cabinet and especially USTR-designate Kirk to develop an effective enforcement 

strategy and to execute it. 

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Question 12. As you know, the U.S.-Canada Softwood Lumber Agreement (SLA) 

is of very great importance to the people of the State of Maine and to lumber companies and their workers across the country. The central problem that gave rise to this 

Agreement was Canadian subsidies and consequent dumping. The Import Administration of the Commerce Department has the expertise to monitor and analyze Canadian subsidies as no other agency does. 

Without this monitoring and consequent enforcement, the benefits of this Agreement will not be delivered. Maintaining strong trade remedies and their vigorous 

enforcement is essential to provide an incentive for Canada to adhere to this agreement, knowing that if it left the Agreement, there will be unilateral measures taken 

at the border to offset its unfair trade practices. 

Governor Locke, may I have your assurance that you will make enforcement of 

the SLA and U.S. trade remedy laws a top priority of your department, providing 

the resources, but even more important, the leadership, to assure compliance with 

the Agreement? 

Answer. I can assure you in full confidence that enforcement of the SLA and U.S. 

trade remedy laws will be a top priority of the Commerce Department under my 

leadership. If confirmed, I will be fully committed to ensuring that Canada comes 

into full compliance with the SLA. 

Question 13. Yesterday, Senators Shaheen, Schumer, Collins, Gillibrand, and I 

sent a letter to Sandra Walters, the Acting Assistant Secretary of Commerce for 

Economic Development at the Department of Commerce, requesting that the Department transfer the $50 million of funding available in the Recovery Package to 

regional economic development commissions. In the 2007 Farm Bill I worked to authorize a Northern Border Commission to address the devastating regional economic 

issues that are located in the northern tier of Maine, New Hampshire, Vermont, and 

New York. I believe that working together the four states, with the assistance of 

the Federal Government, can address the regional challenges stemming from geographic isolation, and population loss. The region’s pulp and paper industry is particularly affected by the recent downturn. 

Governor Locke, do you believe in the model of regional economic development 

commissions? Can I be assured that you will expeditiously work with Assistant Secretary Walters and provide resources to the regional economic commissions that is 

provided in the recovery package? 

Answer. The Economic Development Administration (EDA) has a long and successful history of working closely with regional commissions such as the Appalachian Regional Commission (ARC), Denali, and the Delta Regional Authority 

(DRA) and, as I understand it, has encouraged a regional approach as a funding priority to all of its project applicants. If confirmed, I look forward to working with the 

commissions in connection with our important American Recovery and Reinvestment Act work. 

In addition, the President’s Fiscal Year 2010 budget provides $50 million in regional planning and matching grants within EDA to support the creation of regional 

innovation clusters that leverage regions’ existing competitive strengths to boost job 

creation and economic growth. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. SAM BROWNBACK TO

HON. GARY F. LOCKE

Question 1. There has been legislation proposed in Congress over the past few 

years to change the patent laws, and it has become very contentious. The proponents are a group of high-tech and financial services companies, and on the other 

side there is a larger group of companies from a variety of industries—manufacturing, green tech, nanotech, biotech, pharmaceuticals, and venture capitals. My 

question to you is this: I know you come from a state with a number of large hightech companies. Do you agree that we should not be changing our patent laws in 

a way that chooses one group of companies over another? If you are confirmed, do 

you feel you can consider this issue impartially and help guide the debate to a place 

where we’re not choosing high-tech over manufacturing, for example? 

Answer. If confirmed, I would work with Congress on patent reform legislation 

that would enhance innovation by fairly balancing the interests of innovators across 

all industries and technologies. I agree that patent law reform should not favor one 

industry or any particular area of technology over another. 

Question 2. Many high-tech companies that oppose S. 515, the Patent Reform Act 

of 2009, rely on their ability to protect their patented innovations by receiving damage awards from proven patent infringers. The proposed legislation changes the way 

damages are calculated, making infringement far less costly. In your role overseeing 

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the USPTO, would this concern you? Are you concerned that this well-meaning patent legislation will actually hamper U.S. innovation? 

Answer. Innovation is critical to creating jobs and bringing us out of the current 

economic downturn. Any statutory proposal must be weighed in terms of its effect 

on job creation and promotion of innovation. If confirmed, I will review all patent 

reform proposals from that perspective. 

Question 3. The high-tech sector is divided between those who primarily invent 

and those who primarily package and market others’ inventions. It is understandable that, just as any business wants to cut its costs, some high-tech companies who 

pay for others’ patents would want to reduce the costs for the patents they purchase 

or license from other high-tech companies. The damages provisions of the Leahy 

patent bill, S. 515, would have the effect of devaluing patents. Are you concerned 

that degrading patent holders’ rights might be a tempting short-term response that 

could have serious long-term consequences for our economy? 

Answer. If confirmed, I would not support any statutory reform that devalues patent holder’s rights. 

Question 4. In your questionnaire you indicate that you hold stock in Microsoft, 

a member of the Coalition for Patent Fairness, a group that has been lobbying in 

favor of the Leahy patent bill. Given your personal interest in this company, how 

can you guarantee that you will approach the patent reform debate objectively? 

Answer. If confirmed, I am confident that I can and will continue to exercise my 

best objective judgment in all policy matters and I commit to consult with Ethics 

officials to ensure that my involvement in this area is entirely consistent with Ethics rules. 

Question 5. If you are confirmed, you will inherit a serious problem at the Patent 

and Trademark Office that was created by what’s known as ‘‘fee diversion.’’ It occurs 

when the Administration or Congress redirects the patent and trademark application fees paid by inventors, research universities and innovation companies to other 

spending. Currently the backlog of patent applications is nearly 800,000 applications and it takes at least 31 months to issue the patent. For the economy that 

means that start-up companies are waiting over 2 years to take their products to 

market. It means that new jobs and new inventions are trapped in that backlog 

when they could be helping our economy recover. 

In the 110th Congress, I supported an amendment in the Judiciary Committee 

that would permanently end fee diversion by creating a separate account that would 

receive all the patent and trademark applicant fees and allow only the PTO to have 

access to those user fees—essentially a lockbox for patent and trademark user fees. 

Since PTO is not funded with taxpayer dollars but with user fees, do you support 

the permanent ending of fee diversion? 

Answer. The USPTO’s mission is critical to American innovation and invention. 

If confirmed, I will maintain the threshold principal that all user fees paid for services should remain with the USPTO as it has for the last 4 years. If confirmed, I 

will work to continue that the user fees stay with the Office to be spent on managing and improving USPTO operations. 

Question 6. I recently joined Senators Coburn, Feingold, Kyl, Wyden, Grassley, 

and Bond in sending a letter to Judiciary Committee Chairman Leahy asking that 

the Committee not rush patent reform legislation and work with those voicing concerns about the bill. The Judiciary Committee held a hearing on patent reform on 

March 10, 2009, and the bill will appear on the Committee’s markup agenda on 

March 19, 2009. I am very concerned that this bill is intentionally being rushed 

when there is no Commerce Secretary nor is there an Under Secretary of Commerce 

for Intellectual Property (PTO Director). Do you agree that this sweeping legislation 

that will greatly impact the economy should not be considered until the Administration has its Commerce Secretary and PTO Director confirmed? 

Answer. The Administration will be better able to participate fully in this critical 

legislative process when political leadership is nominated, confirmed and in place 

at USPTO. If confirmed, I will be actively involved in representing the Administration’s views with stakeholders and Members of Congress on this landmark legislation. 

Question 7. As Secretary of Commerce you will have a huge responsibility to en- sure the effective implementation of the $4.7 billion broadband grant program that 

will be overseen by NTIA. As this money moves to fund specific projects it will be 

essential that it not be used to artificially impact or bias business decisions that 

should be made in the free market. I am particularly concerned that NTIA not impose any supra-market conditions on grant applicants that would bind them to a 

‘network neutrality’ regime. Doing so would impair the ability of grantees to manage 

their own networks to ensure high quality services, putting them at a technical disVerDate Nov 24 2008 13:47 Apr 28, 2010 Jkt 052160 PO 00000 Frm 00085 Fmt 6601 Sfmt 6621 S:\WPSHR\GPO\DOCS\52160.TXT SCOM1 PsN: JACKIE
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advantage, and would weaken the long-term viability of the projects that taxpayers 

are funding. 

NTIA’s responsibility is to effectively implement a massive taxpayer-financed 

grant program to extend broadband access in the U.S. This program should not be 

used to preempt the appropriate authority of Congress by introducing a significant 

new regulatory burden within the marketplace that would also impair the effectiveness of this program. Can you assure this Committee that NTIA will not seek to 

implement binding network neutrality rules as a condition for receiving broadband 

deployment grants? 

Answer. It is my understanding that the American Recovery and Reinvestment 

Act of 2009 instructs NTIA to issue non-discrimination and network interconnection 

obligations that will be contractual conditions of broadband grants it issues pursuant to the Act. Those obligations, at a minimum, must adhere to the principles contained in the Federal Communications Commission’s 2005 broadband policy statement. On March 12, 2009, NTIA published a Request for Information that, among 

other things, seeks public comment on the nature and extent of non-discrimination 

and network interconnection it should impose on grant recipients. I am confident 

that through the public comment process NTIA will gain the information necessary 

to write non-discrimination and network interconnection conditions that fully protect the public. 

Question 8. Network neutrality requirements would regulate the manner in which 

companies manage their broadband networks. Do you think that there is a problem 

today in how broadband operators manage their networks that warrants the imposition of industry-wide net neutrality regulations? What impact do you think such 

regulations would have on broadband deployment and the upgrading of broadband 

networks, especially in the current economic environment? 

Answer. As noted in my response to your previous question, the American Recovery and Reinvestment Act of 2009 instructs NTIA to issue non-discrimination and 

network interconnection obligations that will be contractual conditions of broadband 

grants it issues pursuant to the Act. Those obligations, at a minimum, must adhere 

to the principles contained in the Federal Communications Commission’s 2005 

broadband policy statement. On March 12, 2009, NTIA published a Request for Information that, among other things, seeks public comment on the nature and extent 

of non-discrimination and network interconnection it should impose on grant recipients. I am confident that through the public comment process NTIA will gain the 

information necessary to determine the extent to which any network management 

problems currently exist and to write non-discrimination and network interconnection conditions that fully protect the public. 

Question 9. What in your view deserves the highest priority in terms of grant 

funding—access to unserved areas or improved access in underserved areas? 

Answer. The American Recovery and Reinvestment Act charges the Department 

of Commerce with the responsibility of addressing the broadband needs of both 

‘‘unserved’’ and ‘‘underserved’’ populations and facilitating greater use of broadband 

services. NTIA believes that addressing both issues is critical to BTOP’s success. 

The challenges facing Greeley County may differ markedly from the challenges facing downtown Wichita. Past experience has taught us that availability is often a 

more significant issue in rural areas and adoption a more significant issue in urban 

areas but, if confirmed, I will treat both prongs as essential. 

Question 10. In unserved areas should multiple providers receive grants to deploy 

broadband infrastructure in order to provide broadband service the same geographic 

area? In other words, should this program be used to not only provide first time 

service, but also to foster competing services? If so, will this not dilute the effect 

of the program and thereby limiting fund availability to fewer unserved areas? 

Answer. Congress has wisely mandated that NTIA consider such factors as whether a grant will increase the affordability of, and subscribership to, service to the 

greatest population of users in an area and provide the greatest broadband speed 

possible such population. Fostering healthy competition is one important way to ensure that these goals are accomplished. On March 12, 2009, NTIA published Request for Information that, among other things, seeks public comment on how to 

best distribute broadband grant funds. It is my understanding that public comment 

on these and other issues will be accepted through April 13, 2009. In addition, I 

am aware that NTIA is in the process of holding a series of public meetings that 

are examining, among other things, these allocation and competition issues. Therefore, NTIA has not reached a final determination of whether multiple providers 

could receive grants to deploy infrastructure in the same geographic area; however, 

NTIA is considering a wide array of options in developing effective and efficient 

practices. If confirmed, I will direct that NTIA carefully consider the effect of grants 

83 

in competition and improving the quality of broadband services nationwide and in 

our local communities. 

Question 11. The Commerce Department, through NTIA, is charged with managing the Federal Government’s use of spectrum. The Federal Government uses a 

significant amount of spectrum in a variety of environments—from battlefields to 

disaster recovery operations to national parks. As technology enhances the ability 

to use spectrum more efficiently, some question whether the Federal Government 

needs all of its current spectrum holdings to manage its operations. What plans do 

you have to evaluate the use of spectrum by the Federal Government and to determine whether certain swathes of that spectrum could be reallocated for commercial 

use? 

Answer. Through the use of radio technologies, Federal agencies support missions 

related to national defense, flight safety, environmental research, space exploration, 

law enforcement, and emergency and disaster relief services, among others. I plan 

to explore opportunities where the Federal Government can become more spectrum 

efficient by working closely with Federal agencies to ensure that they apply new 

technologies in a way that promotes efficient use of the radio spectrum. I will also 

ensure that NTIA continues to evaluate radio uses by service type to evaluate them 

in terms of technologies and spectrum management techniques employed to get the 

most use out of each band. NTIA is also reviewing bands occupied by Federal systems to see whether there are geographic areas or portions of frequency bands that 

are available for other uses. 

Question 12. To what extent do you see the Commerce Department playing an active role in the development of telecommunications policy? 

Answer. As the President’s principal adviser on telecommunications policy, the 

NTIA has historically played and will continue to play an important and active role 

in the development of telecommunications policy. This role involves close coordination with other Federal agencies, including the FCC. 

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