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Nominations of the 112Th Congress, Second Session S. HRG. 112–510 NOMINATIONS OF THE 112TH CONGRESS, SECOND SESSION HEARINGS BEFORE THE COMMITTEE ON VETERANS’ AFFAIRS UNITED STATES SENATE ONE HUNDRED TWELFTH CONGRESS SECOND SESSION MARCH 28 AND JULY 18, 2012 Printed for the use of the Committee on Veterans’ Affairs ( Available via the World Wide Web: http://www.fdsys.gov U.S. GOVERNMENT PRINTING OFFICE 75–653 PDF WASHINGTON : 2012 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Nov 24 2008 17:15 Sep 13, 2012 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 H:\ACTIVE\032812.TXT SVETS PsN: PAULIN COMMITTEE ON VETERANS’ AFFAIRS PATTY MURRAY, Washington, Chairman JOHN D. ROCKEFELLER IV, West Virginia RICHARD BURR, North Carolina, Ranking DANIEL K. AKAKA, Hawaii Member BERNARD SANDERS, (I) Vermont JOHNNY ISAKSON, Georgia SHERROD BROWN, Ohio ROGER F. WICKER, Mississippi JIM WEBB, Virginia MIKE JOHANNS, Nebraska JON TESTER, Montana SCOTT P. BROWN, Massachusetts MARK BEGICH, Alaska JERRY MORAN, Kansas JOHN BOOZMAN, Arkansas KIM LIPSKY, Staff Director LUPE WISSEL, Republican Staff Director (II) VerDate Nov 24 2008 17:15 Sep 13, 2012 Jkt 000000 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 H:\ACTIVE\032812.TXT SVETS PsN: PAULIN CONTENTS MARCH 28, 2012 NOMINATIONS OF BG (RET.) CORAL WONG PIETSCH AND MARGARET BARTLEY, EACH TO BE JUDGE OF U.S. COURT OF APPEALS FOR VETERANS CLAIMS SENATORS Page Murray, Hon. Patty, Chairman, U.S. Senator from Washington ........................ 1 Burr, Hon. Richard, Ranking Member, U.S. Senator from North Carolina ....... 2 Akaka, Hon. Daniel K., U.S. Senator from Hawaii .............................................. 3 Isakson, Hon. Johnny, U.S. Senator from Georgia ............................................... 66 Boozman, Hon. John, U.S. Senator from Arkansas .............................................. 4 WITNESSES Pietsch, BG (Ret.) Coral Wong, nominee to be judge, U.S. Court of Appeals for Veterans’ Claims ............................................................................................ 6 Prepared statement .......................................................................................... 7 Response to posthearing questions submitted by Hon. Mark Begich .......... 9 Questionnaire for Presidential nominees ....................................................... 11 Letter from the Judicial Conference of the United States ............................ 26 Bartley, Margaret, nominee to be judge, U.S. Court of Appeals for Veterans’ Claims ................................................................................................................... 26 Prepared statement .......................................................................................... 28 Response to posthearing questions submitted by Hon. Mark Begich .......... 29 Questionnaire for Presidential nominees ....................................................... 31 Letter from the Judicial Conference of the United States ............................ 60 APPENDIX Allen, Helene L., Honolulu, HI; letter .................................................................... 69 Andersson, Stephen D., Director of Criminal Justice Operations, U.S. Depart- ment of Justice; letter .......................................................................................... 70 Banks, Sara K’imipono, Jr., Specialist and Videographer, University of Ha- waii at Manoa; letter ........................................................................................... 71 Black, LTG Scott C., U.S. Army (Ret.); letter ....................................................... 72 Bramlett, GEN David A., U.S. Army (Ret.); letter ............................................... 73 Bush, Brian X., Chief, Environmental and Labor Law, U.S. Air Force Acad- emy; COL, U.S. Army JAG Corps (Ret.); letter ................................................. 74 Chu, Rai Saint, Attorney; letter ............................................................................. 75 Coyne, COL James M., U.S. Army (Ret.); letter ................................................... 76 Gandy, BG Raymond, Jr., U.S. Army (Ret.); letter ............................................... 78 Hoe, Allen K., Attorney at Law; letter ................................................................... 79 Jones, LTC Arthurine, U.S. Army, Civil Affairs; letter ........................................ 80 Keller, COL Thomas R., U.S. Army (Ret.); letter ................................................. 82 Kubo, Edward H., Jr., Circuit Court Judge, First Circuit, State of Hawaii; letter ...................................................................................................................... 83 Maxwell, COL Mark David, U.S. Army; letter ...................................................... 84 Passen, Andy, Transition Director, U.S. Embassy, Kabul; prepared statement 86 Pullen, COL Randy, U.S. Army (Ret.); letter ........................................................ 86 Attachment ........................................................................................................... 88 Shogren, Gregory, Assistant United States Attorney, U.S. Department of Jus- tice; letter .............................................................................................................. 92 Soong, COL Melvin K., JAG, U.S. Army (Ret.), Circuit Court Judge, First Circuit, State of Hawaii; letter ........................................................................... 93 (III) VerDate Nov 24 2008 17:15 Sep 13, 2012 Jkt 000000 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 H:\ACTIVE\032812.TXT SVETS PsN: PAULIN IV Page Thomason, COL Terry E., U.S. Army (Ret.); letter .............................................. 94 Ueoka, Les, Commissioner, Hawaii Civil Rights Commission; prepared state- ment ...................................................................................................................... 95 Wellman, Arthur, Attorney, Col., JA, U.S. Army (Ret.); letter ............................ 96 Wong, Lisa, Manager, Human Resources, Training, Health and Safety, Ha- waiian and Cultural Programs, Hawaii Convention Center; letter ................. 98 JULY 18, 2012 NOMINATION OF THOMAS SKERIK SOWERS II, PH.D. TO BE ASSISTANT SECRETARY OF PUBLIC AND INTERGOVERNMENTAL AFFAIRS, U.S. DEPARTMENT OF VETERANS AFFAIRS SENATORS Murray, Hon. Patty, Chairman, U.S. Senator from Washington ........................ 99 Burr, Hon. Richard, Ranking Member, U.S. Senator from North Carolina ....... 101 Boozman, Hon. John, U.S. Senator from Arkansas .............................................. 122 Begich, Hon. Mark, U.S. Senator from Alaska ..................................................... 126 Webb, Hon. Jim, U.S. Senator from Virginia ........................................................ 128 WITNESSES McCaskill, Hon. Claire, U.S. Senator from Missouri ............................................ 100 Sowers, Thomas Skerik II, Ph.D., nominee to be Assistant Secretary of Public and Intergovernmental Affairs, U.S. Department of Veterans Affairs ............ 104 Prepared statement .......................................................................................... 105 Response to prehearing questions from Hon. Patty Murray ........................ 106 Questionnaire for Presidential nominees ....................................................... 110 Letter from the Office of Government Ethics ................................................. 117 Letter from the nominee to the Office of General Counsel, U.S. Depart- ment of Veterans Affairs .............................................................................. 118 VerDate Nov 24 2008 17:15 Sep 13, 2012 Jkt 000000 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 H:\ACTIVE\032812.TXT SVETS PsN: PAULIN NOMINATION OF CORAL WONG PIETSCH, BG (RET.) AND MARGARET BARTLEY NOMINEES TO BE JUDGES, U.S. COURT OF APPEALS FOR VETERANS CLAIMS WEDNESDAY, MARCH 28, 2012 U.S. SENATE, COMMITTEE ON VETERANS’ AFFAIRS, Washington, DC. The Committee met, pursuant to notice, at 9:45 a.m., in room 418, Russell Senate Office Building, Hon. Patty Murray, Chairman of the Committee, presiding. Present: Senators Murray, Akaka, Begich, Burr, Isakson, and Boozman. STATEMENT OF HON. PATTY MURRAY, CHAIRMAN, U.S. SENATOR FROM WASHINGTON Chairman MURRAY. Good morning. Welcome to today’s hearing. We are here today to consider the nominations of Ms. Margaret Bartley and General Coral Wong Pietsch to be judges of the U.S. Court of Appeals for Veterans Claims. I am pleased to welcome the nominees and their families who are here today, and I congratulate each one of you on your nomination. The nominees sitting before us have impressive resumes, strong credentials, and a long history of service. We will learn more about their qualifications during their introductions so I will not spend time repeating what we will hear very shortly. But as we begin today’s hearing, I think it is really important to recognize some of the realities facing the larger disability claims system and, as a result, the Court. It is no secret there are severe problems with the claims system and some continuing trends that cannot be ignored. We know it takes VA too long to issue decisions. We know VA’s error rate re- mains far too high. We also know the number and complexity of claims being filed continues to grow. These are the facts: given the increasing number of claims, VA’s error
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