- NOMINATION OF THE HONORABLE NORMAN Y. MINETA, TO BE SECRETARY OF COMMERCE

[Senate Hearing 106-1129]
[From the U.S. Government Publishing Office]

S. Hrg. 106-1129

NOMINATION OF THE HONORABLE
NORMAN Y. MINETA, TO BE
SECRETARY OF COMMERCE

=======================================================================

HEARING

before the

COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE

ONE HUNDRED SIXTH CONGRESS

SECOND SESSION

__________

JULY 19, 2000

__________

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

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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

ONE HUNDRED SIXTH CONGRESS

SECOND SESSION

JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
SLADE GORTON, Washington JOHN D. ROCKEFELLER IV, West
TRENT LOTT, Mississippi Virginia
KAY BAILEY HUTCHISON, Texas JOHN F. KERRY, Massachusetts
OLYMPIA J. SNOWE, Maine JOHN B. BREAUX, Louisiana
JOHN ASHCROFT, Missouri RICHARD H. BRYAN, Nevada
BILL FRIST, Tennessee BYRON L. DORGAN, North Dakota
SPENCER ABRAHAM, Michigan RON WYDEN, Oregon
SAM BROWNBACK, Kansas MAX CLELAND, Georgia
Mark Buse, Republican Staff Director
Ann Choiniere, Republican General Counsel
Kevin D. Kayes, Democratic Staff Director
Moses Boyd, Democratic Chief Counsel

C O N T E N T S

----------
Page
Hearing held on July 19, 2000.................................... 1
Statement of Senator Ashcroft.................................... 27
Statement Senator Bryan.......................................... 7
Statement of Senator Cleland..................................... 30
Prepared statement of Senator Hollings........................... 2
Statement of Senator Inouye...................................... 6
Statement of Senator McCain...................................... 1
Prepared statement........................................... 2
Statement of Senator Rockefeller................................. 7
Prepared statement of Senator Snowe.............................. 3

Witnesses

Statement of Hon. Barbara Boxer, U.S. Senator from California.... 5
Statement of Hon. Dianne Feinstein, U.S. Senator from California. 4
Statement of Hon. Norman Y. Mineta, nominated to be Secretary of
Commerce....................................................... 8
Prepared statement........................................... 10
Biographical information..................................... 11

Appendix

Response to written questions submitted to Norman Y. Mineta by:
Hon. John Ashcroft........................................... 39
Hon. John McCain............................................. 33
Hon. John D. Rockefeller..................................... 38

NOMINATION OF THE HONORABLE
NORMAN Y. MINETA, TO BE
SECRETARY OF COMMERCE

----------

WEDNESDAY, JULY 19, 2000

U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 9:40 a.m. in room
SR-253, Russell Senate Office Building, Hon. John McCain,
Chairman of the Committee, presiding.

OPENING STATEMENT OF HON. JOHN McCAIN,
U.S. SENATOR FROM ARIZONA

The Chairman. Good morning. Today the Committee meets to
consider Norman Mineta's nomination to be the United States
Secretary of Commerce. Norm Mineta is one of my colleagues from
my days in the House of Representatives. I welcome him before
the Committee and congratulate him on his nomination to this
prestigious post.
Mr. Mineta, would you like to introduce your family members
who are here for this occasion?
Mr. Mineta. Mr. Chairman, thank you very much. I would like
to introduce my wife Denny and my stepson Bob Brantner and my
sister Etsu Mineta Masuoka and her granddaughter Michele Amano.
The Chairman. Could you all stand so we can all recognize
you. Thank you.
[Applause.]
The Chairman. Thank you and welcome. I know this is a very
proud moment for all of you.
Mr. Mineta has a long record of distinguished public
service. He served 20 years in the House as a California
Representative of Silicon Valley. During part of his tenure in
the House, Mr. Mineta served as Chairman of the then Public
Works and Transportation Committee. Mr. Mineta currently serves
as Vice President of Special Business Initiatives at Lockheed
Martin Corporation.
This is not the first time that Norm Mineta has come before
the Committee. The Senate recently approved his nomination to
serve on the Metropolitan Washington Airports Authority. The
President also recently appointed him to chair the Advisory
Commission on Asian Americans and Pacific Islanders. As most of
us know, as a young boy Mr. Mineta and his family were among
the Americans of Japanese ancestry forced into internment camps
during World War II.
We can all probably acknowledge that Commerce Secretary
Daley made a valiant effort to clean up the Commerce
Department's reputation as a ``dumping ground'' for the
politically connected. I hope that Mr. Mineta takes this
mission seriously. He and I have discussed my concerns about
the more recent revelations concerning the alleged political
nature of the Commerce Department trade missions.
Again, Norm, I want to congratulate you on this momentous
occasion in history. I am sure that I speak for the rest of my
colleagues when I say that we are proud and heartened to
welcome you back to the life of public service. It is my
intention to move your nomination out of the Committee as soon
as possible, and thank you for your appearance today.
I would like to mention that Senator Hollings, former
chairman and ranking member of this Committee, strongly
supports your nomination. He is not here because he recently
experienced a death in his family.
If it is agreeable to the witnesses, I would like to begin
with our very senior Senator and dear friend and colleague
Senator Inouye.
[The prepared statement of Senator McCain follows:]

Prepared Statement of Hon. John McCain, U.S. Senator from Arizona

Today the Committee meets to consider Norman Mineta's nomination to
be the United States Secretary of Commerce. Norm Mineta is one of my
colleagues from my days in the House of Representatives. I welcome him
before the Committee, and congratulate him on his nomination to this
prestigious post. Mr. Mineta, if you would like to introduce your
family members who are here for this occasion?
Mr. Mineta has a long record of distinguished public service. He
served 20 years in the House as a California representative of Silicon
Valley. During part of his tenure in the House, Mr. Mineta served as
Chairman of the then Public Works and Transportation Committee. Mr.
Mineta currently serves as Vice President of Special Business
Initiatives at Lockheed Martin Corporation.
This is not the first time that Norm Mineta has come before the
Committee. The Senate recently approved his nomination to serve on the
Metropolitan Washington Airports Authority. The President also recently
appointed him to chair the Advisory Commission on Asian American and
Pacific Islanders. As most of us know, as a young boy Mr. Mineta and
his family were among the Americans of Japanese ancestry forced into
internment camps during World War II.
We can all probably acknowledge that Commerce Secretary Daley made
a valiant effort to clean up the Commerce Department's reputation as a
``dumping ground'' for the politically connected. I hope that Mr.
Mineta takes this mission seriously. He and I have discussed my
concerns about the more recent revelations concerning the alleged
political nature of the Commerce Department trade missions.
Again, Mr. Mineta, I want to congratulate you on this momentous
occasion in history. I am sure that I speak for the rest of my
colleagues when I say that we are proud and heartened to welcome you
back to the life of public service. It is my intention to move your
nomination out of the Committee as soon as possible. Thank you for your
appearance today.

[The prepared statement of Senator Hollings follows:]

Prepared Statement of Hon. Ernest F. Hollings,
U.S. Senator from South Carolina

Today the Committee meets to consider the nomination of Norman
Mineta to be Secretary of the Department of Commerce.
Mr. Mineta currently serves as Vice President of Special Business
Initiatives at the Lockheed Martin corporation. He is a former Member
of the United States House of Representatives and has a long and
distinguished record of public service. First elected to Congress in
1974 to represent Silicon Valley, he became the first Asian American to
chair the important U.S. House of Representatives Committee on Public
Works and Transportation. During his tenure in Congress, Mr. Mineta's
legislative and policy agenda was wide and varied, including major
projects in the areas of transportation, economic development, science
and technology, trade, the environment, intelligence, the budget and
civil rights.
A native of San Jose, California, Mr. Mineta and his family were
among the 120,000 Americans of Japanese ancestry forced into internment
camps by the United States Government during the Second World War.
While serving in Congress, he founded and chaired the Congressional
Asian Pacific American Caucus and was the driving force behind the
passage of the Civil Liberties Act of 1988, which provided an official
apology and a means of redress to over 100,000 Japanese Americans
interned in camps during World War II. In 1995, George Washington
University awarded Mr. Mineta with the Martin Luther King Jr.
Commemorative Medal in recognition of his timeless efforts toward
promoting civil justice and civil liberties for all individuals and
groups.
Given his considerable public sector experience, and personal
temperament, there is no doubt Mr. Mineta is qualified and prepared to
lead the Department of Commerce and to be the leading voice for the
promotion of American business.
I am in full support of Mr. Mineta's nomination and will do all I
can to ensure his speedy confirmation.

[The prepared statement of Senator Snowe follows:]

Prepared Statement of Hon. Olympia J. Snowe, U.S. Senator from Maine

Thank you, Mr. Chairman, for calling today's hearing on the
President's nomination of Mr. Norm Mineta to serve as the Secretary of
Commerce. Former-Congressman Mineta and I first met 26 years ago, so it
is a real privilege to see him come before the Committee in this
capacity today.
Mr. Mineta, I would first like to welcome you to the Senate
Commerce Committee and congratulate you on your recent nomination by
President Clinton. Having had the privilege of serving with you for 16
years in the House of Representatives, I know that you bring a broad
range of knowledge and experience to the position for which you have
been selected, and am confident that you will serve with distinction
once confirmed.
Not only do you possess the professional credentials and expertise
needed for the position of Secretary of Commerce, but your personal
background--from your family's tragic and unfortunate experience in an
internment camp for Japanese Americans during World War II, to your
service as the first Asian-Pacific American mayor of a major city and
first Asian-Pacific American to chair a major congressional committee--
gives you a unique perspective on the need to treat all Americans
fairly and provide a level playing field for those who are trying to
achieve the American dream. Needless to say, today's hearing marks yet
another milestone in your long and illustrious career.
Mr. Mineta, when you accepted the President's nomination to be the
33rd Secretary of Commerce at the White House last month, you
highlighted the fact that the current economic expansion--which is the
longest in duration in U.S. history--is an achievement, not an
accident, that was brought about by ``. . . raising the productivity
and competitiveness of our businesses and our work force.'' Later, you
stated that you intend to ``. . . keep all sectors of the economy
strong and growing, because we owe it to the American people.'' I
couldn't agree with you more.
The simple fact is that we live in a time of both unprecedented
growth and unprecedented change--change that, thanks to the Internet
and new technologies, seems to occur with nearly blinding speed. Those
caught with their eyes closed, even for a moment, can quickly find
themselves falling behind in a global competitive arena that does not
take pity on the complacent.
While the engine of growth, job creation, and improving standards
of living is clearly the private sector, that engine needs an operating
environment that permits it to run efficiently and without undue
interference. And it is the federal government's role to ensure that
such an environment exists so that our nation's growth--which is fueled
by the private sector--can be sustained for the benefit of all
Americans.
The Commerce Department maintains many responsibilities for
creating the kind of competitive environment in which American
businesses can succeed. Specifically, it is the chief defender of
American business interests at home and abroad. In the global arena, it
must help American businesses of all sizes take advantage of the
tremendous export opportunities that exist, while at the same time it
must vigorously defend our businesses against the depredations of
unscrupulous trading partners.
Furthermore, the Department of Commerce also contains the National
Marine Fisheries Service. As a member of the House who represented a
coastal district for 21 years, I know that you understand just how
valuable our marine resources are. This year, the Subcommittee on
Oceans and Fisheries, which I chair, has been working to reauthorize
and strengthen the Coastal Zone Management Act and the National Marine
Sanctuaries Act. These will provide managers with the tools necessary,
including sufficient funding, to conserve and sustainably utilize these
resources.
Perhaps the most significant item the Subcommittee has been working
on is the reauthorization of the Magnuson-Stevens Fishery Conservation
and Management Act. This is the nation's primary federal fisheries
statute. Fisheries are one of the most regulated industries in the
country. While many such regulations are needed if we are to rebuild
those stocks which have been overfished and make the transition to
sustainable fisheries, we have heard from fishermen across the country
that the National Marine Fisheries Service has been too rigid in
implementing the Act.
The resulting lack of flexibility has lead to an uncertain business
climate for many of our nation's fishermen. When President Clinton
announced his intention to nominate you to this post, he stressed that
you will bring to Commerce ``an in-depth understanding of American
business'' and I hope that in your tenure we will see this
understanding lead to an improvement in the management of our nation's
fisheries. Last year, the regulations for the New England groundfish
fishery were changed 5 times. As you can well imagine, this presented
many challenges to a fleet already struggling to survive. These
problems need more money and more leadership if they are to improve.
Finally, through the Economic Development Administration, the
Department of Commerce provides targeted assistance to the most
distressed local and regional economies in the nation. I've seen the
EDA in action in my own state of Maine, and I can attest to the
important work that this agency performs in areas where unemployment
often runs higher than the national average and new business creation
runs low.
Mr. Mineta, with these and other agencies within the Department's
jurisdiction, the position of Commerce Secretary involves tremendous
responsibility. It requires an individual with a clear vision,
innovative ideas, extensive administrative skills, and an unyielding
commitment to the interests of American businesses of all shapes and
sizes. Accordingly, I look forward to hearing how you intend to manage
the challenges and opportunities that are facing the Commerce
Department and our nation during this period of unprecedented growth
and change.
Again, I welcome you to the Commerce Committee today, and look
forward to supporting your nomination both in the Committee and on the
Senate floor in the days ahead.
Thank you, Mr. Chairman.

Senator Inouye. Mrs. Feinstein, please.
The Chairman. Whatever you say, Senator Inouye.
[Laughter.]
The Chairman. Senator Feinstein.

STATEMENT OF HON. DIANNE FEINSTEIN,
U.S. SENATOR FROM CALIFORNIA

Senator Feinstein. Thank you very much, Mr. Chairman,
Senator Bryan.
As we were talking before you came in the room, I realized
that I have known Norman Mineta now for 30 years. In 1970, I
was President of the San Francisco Board of Supervisors, he was
a member of the San Jose City Council. He then went on to
become Vice Mayor and then in 1971 to 1974 Mayor of the City of
San Jose.
He is a native son of California. He grew up in San Jose's
Japantown. He attended public school. In 1942 when he was 11,
his family was among the 120,000 Japanese Americans forcibly
removed to internment camps on the West Coast because of their
ancestry. I think fittingly, one of his career highlights in
Congress was his leadership in the enactment of the Civil
Liberties Act of 1988, which called for a formal apology and
$20,000 in compensation to each Japanese American survivor of
these internment camps.
He graduated from the University of California-Berkeley in
1953 with a Bachelor of Science in Business. He immediately
joined the United States Army. He served there from 1953 to
1956. Upon his return, he entered the insurance business and
became active in San Jose urban affairs. He served on the San
Jose Human Relations Commission and the San Jose Housing
Authority prior to his tenure on the City Council.
In 1967, he was the first ethnic minority elected to the
City Council and that began his string of firsts. In 1971, he
was elected Mayor of San Jose becoming the first Japanese
American Mayor of a major city. In 1974, he became the first
Japanese American from the continental United States to be
elected to the House of Representatives.
When he assumed the chairmanship of the House Committee on
Public Works and Transportation, he became the first American
of Asian ancestry to chair a major committee in the House. Of
course, should the Senate confirm his nomination as Commerce
Secretary, he would become the first Asian American to serve in
the President's cabinet.
I have learned to come to appreciate Norman Mineta over the
years. The older I get, I find sometimes there are two kinds of
people, problem makers and problem solvers. Norman Mineta is a
problem solver. I think his 21 years of experience on the Hill
in a whole panoply of committee assignments, and particularly
as Chairman of the Committee on Public Works and
Transportation, demonstrates a very solid knowledge of the
interreaction between people and business.
I think he is going to be a very strong and positive
Commerce Secretary. Frankly, I only wish this happened earlier
in this President's tenure. He has the knowledge, he has the
legislative background, he has the experience, and he has the
ability, I think, to be a very fine Secretary of Commerce.
So Mr. Chairman, it is with a great deal of pleasure that I
am here this morning simply to indicate my strong support and
my hope, as you just stated, that this Committee will speedily
process his confirmation.
I thank you very much.
The Chairman. Thank you.
Who is next, Senator Inouye?
[Laughter.]
The Chairman. Senator Boxer.

STATEMENT OF HON. BARBARA BOXER,
U.S. SENATOR FROM CALIFORNIA

Senator Boxer. Thank you, Mr. Chairman.
I want to associate myself with the remarks of my senior
Senator, and I will not be repetitive. I am just going to talk
from the heart about Norman Mineta for just a moment if I
might. My heart is full of joy today and it is full of joy for
Norm, for his family, for Asian Americans, for all Americans,
because, Mr. Chairman, I know you know this and you believe
this, that when we do open the door to all of our people we are
such a better Nation.
Today another door is being opened. It is a wonderful day.
I agree, I wish it had been opened years ago in this particular
case, but here it is. What it means is that the door will be
opened to so many others who might not have been considered. So
it is a huge day.
Senator Feinstein noted the number of firsts. It is hard to
be a first. A lot weighs on you. I know Norm feels a lot of
emotion today.
I just want to say, when I served with Norm for 10 years in
the House of Representatives, Senator Feinstein is right, a
problem solver. Mr. Chairman, I hope you will have the
opportunity in the brief time that is left on this particular
term to work with this fine, soon to be I hope Commerce
Secretary, because in his district there are so many different
points of view and so much diversity and so many Democrats, so
many Republicans, independents. He was able to bring everyone
together, which is a wonderful trait, and make progress for
everyone.
So it is a wonderful day. I am very honored to be here
before you and your colleagues, my colleagues. It is a tough
day. We have lost Senator Coverdell in a tragic way. Some of
our colleagues have suffered personal losses. So Norm, you
bring us joy today, and I am just pleased that you asked me to
be here with you.
Thank you very much.
The Chairman. Thank you, Senator Boxer. Senator Inouye.

STATEMENT OF HON. DANIEL K. INOUYE,
U.S. SENATOR FROM HAWAII

Senator Inouye. Thank you, Mr. Chairman. Mr. Chairman and
members of the Committee: I am most privileged to be here this
morning to join the distinguished Senators of California to
support Norm Mineta for the office of Secretary of Commerce.
Norm Mineta's life story is in a real sense a celebration of
America. It is a story of sadness, it is a story of sacrifice,
of pain. Yet it is a story of success and of service and, if I
may add, glory.
Here is a young man who, at a time when he was beginning to
understand the complexities of society, had to leave his home
with his parents to go to a desolate strange place in Wyoming
called Hot Mountain, and there he spent nearly 2 years. This
was his adult education of America. But instead of leading a
life of gloom and bitterness, he returned home dedicated to
serve his country. That is his life story. As Senator Feinstein
and Senator Boxer have indicated, he served on the San Jose
City Council, then became mayor and a distinguished member of
the Congress.
Mr. Chairman, I am fully convinced that he will be an
outstanding member of the Cabinet. I am certain he will be a
glorious footnote in the history of America. So I sit here
without any qualifications but one: I am his friend and he is
my friend. I can assure you, Mr. Chairman, he is a good man.
Thank you.
The Chairman. Thank you, Senator Inouye. I thank all our
friends from California for being here, and I know you have a
heavy schedule and you cannot stay, but you are welcome to
leave. But I thank you all for appearing today. Thank you very
much. Senator Bryan.

STATEMENT OF HON. RICHARD H. BRYAN,
U.S. SENATOR FROM NEVADA

Senator Bryan. Thank you very much, Mr. Chairman. I would
associate myself with the glowing remarks of our distinguished
witnesses and the opening statement that you made.
The President has chosen wisely. Mr. Mineta has a
distinguished career in public service. The American public
will be fortunate again to have his service in their behalf as
the Secretary of Commerce. I enthusiastically support and
endorse the nomination and, like you, Mr. Chairman, I am
hopeful that we can move this nomination as quickly as possible
so that Mr. Mineta will be able to assume his duties and
responsibilities on behalf of the American public.
On a personal note, having known him for 20 years, I am
very pleased for him personally and his family. This is a
wonderful opportunity. It is, as Senator Inouye says, it is an
American success story. I congratulate you and the President
for your selection.
The Chairman. Thank you, Senator Bryan. Senator
Rockefeller.

STATEMENT OF HON. JOHN D. ROCKEFELLER IV,
U.S. SENATOR FROM WEST VIRGINIA

Senator Rockefeller. Thank you, Mr. Chairman.
I just pointed out to Senator Inouye, I have been on this
Committee, Congressman Mineta--I guess I have to call you for
the moment--I have heard many presentations of candidates, but
I have never heard them give such a deep and emotional support
for a candidate. These are very genuine people talking about
somebody who they very genuinely respect.
I share that view, and I share particularly the historical
significance that Senator Inouye referred to. He did not say
that you are the first Asian American cabinet member, and he
did not specifically talk about internments and injustices
done, but they were in his comments and in his heart. I think
it is a powerful day that America becomes whole as you become
the first Asian American to serve in the United States Cabinet.
But that in and of itself would not qualify you. It is a
right and just thing, but it would not qualify you. But you
also happen to bring all the other things that are necessary,
too. During the course of questioning we will talk about steel,
which you and I have discussed, the digital divide, and the
whole question of spectrum division.
You have the toughness, the experience, the executive
experience, the legislative experience, the personal nature of
conflict resolution, bringing people together, the intensity of
public service, the concept of public service which is so
valuable and increasingly rare. Although I think it lies in the
hearts of all Americans, it is not manifested as it once was.
But you understand it in a unique way, as Senator Inouye
understands it in a unique way.
I am embarrassed on behalf of the Committee that there are
not more of us here to join you. You surely have my full
support.
The Chairman. Welcome. Please proceed.

STATEMENT OF HON. NORMAN Y. MINETA,
NOMINATED TO BE SECRETARY OF COMMERCE

Mr. Mineta. Mr. Chairman, thank you very, very much. It is
a great honor and personal privilege for me to have this
opportunity to appear before you and the members of the Senate
Commerce, Science, and Transportation Committee this morning.
First of all, I would like to extend on behalf of Denni and
me our deepest sympathies to the Senate family, to the family
of Senator Coverdell, and to Senator Hollings on the loss of
his brother. Senator Hollings and his wife Petesy are close
friends and so our sympathies and prayers and thoughts are with
the Coverdell family and the Hollings family.
The Chairman. Thank you.
Mr. Mineta. Mr. Chairman, I would like to especially thank
you for the courtesies that you have extended to me since
President Clinton announced my nomination some short 3 weeks
ago. Since then I have had the opportunity to reach out to you
and to each Senator of this Committee, including the
distinguished ranking member Senator Hollings, with whom I have
worked hard and long over many years.
I am also delighted to thank my fellow Californians for
their very generous comments. Both Senators Boxer and Feinstein
have been great friends for many, many years and they are
extraordinary representatives of the Golden State and I am
proud to have them in my company.
I must also say what a great personal honor it is for me to
be joined at this table by your committee colleague and my
friend of close to 40 years, Dan Inouye. The senior Senator
from Hawaii is a man I admire in numerous individual dimensions
of humanity and public service. When the Senator received his
Congressional Medal of Honor from President Clinton 4 weeks ago
today, it was a proud moment for every American, but perhaps
especially for those of us who have known and respected Dan for
so very long.
Mr. Chairman, as you know, I have looked forward to the
fullest possible conversation today. So with that in mind, I
will keep my opening statement brief to help devote this
hearing to the questions that all of you will have.
When the President nominated me to be the next Secretary of
Commerce, I said that 6 months is a virtual eternity in the new
economy, and it is. I am honored by and grateful for his
confidence in me and I look forward to helping contribute to
this longest period of sustained economic expansion in American
history.
As many of you may know, my parents came to the United
States from Japan some 90 years ago in search of the American
dream. My father was actually supposed to come to Spreckles,
California, to work at the Spreckles sugar farm. Not knowing
that much about our U.S. geography, he got off the ship in
Seattle, Washington, 1100 miles away from where he should have
been. He was a boy 14 years old, not knowing the language or
the culture, but knowing that he had to get to Spreckles,
California.
He then worked from one labor camp, lumber camp, farm camp,
working his way down to California, and he eventually founded a
small insurance agency in San Jose, California, in 1920. Now,
that business remained small, but my father and my mother's
dream remained large, in many ways focused on their children
and our full acceptance into American society and economic
opportunity.
Mr. Chairman, the American economy our parents knew and
worked in to raise us has been rebooted many times. I would
like to commend especially the work done by Secretary William
Daley to reboot the Commerce Department, which I know to be a
prime interest of this Committee. But because of Bill Daley's
commitment and partnership with you, the Commerce Department
today is much more efficient, effective, and transparent in its
operations.
If confirmed by you and the full Senate, I will continue to
make this work in progress a top priority. This commitment,
which I make to you and to every constituent of the Department,
should come as no surprise. During my 21 years in the House of
Representatives, I had the privilege to serve the American
people alongside many of you. So please forgive my repeating a
personal mantra that you have probably heard before: I believe
very strongly that accountability and accessibility are among
the greatest responsibilities that every public servant owes to
the letter and the spirit of the Constitution of this great
United States.
The American people have the right to expect us to observe
these principles as matters of basic good government and to use
them in our partnership with the private sector. I believe that
new markets, free and fair trade, research enabling the
creation of advanced American products and services, e-
commerce, a policy of digital inclusion to bridge the digital
divide, and the best scientific data are neither partisan
domains nor the province of one-size-fits-all prescriptives
from Washington, D.C., or anywhere else. The advocacy of these
principles, practices, and services to the American people will
be foremost among my efforts as Commerce Secretary.
Six months of opportunity and responsibility will demand a
greater focus to make a greater difference in that time and I
plan to focus my energies and the energies of the Department in
four areas: First, keeping people in business. This means
keeping the economy growing, Americans more prosperous, and
developing new international markets for American business. We
must all remember that people are our business and we must
continue to invest in our workers, their opportunities, and
their communities.
Second, investing in our Nation's future. For the last 30
years, the National Oceanic and Atmospheric Administration has
been the Nation's leader in predicting and protecting the
environment. Americans today enjoy the best Weather Service in
the world. Our ports are more efficient and environmentally
safe, and rebuilding our fisheries is a top priority. In all
matters, I will continue to focus our best science on managing
our coastal and marine resources.
Investing in our Nation's future also means making sure
that we have the technology and the policies to fuel the new
economy. Across Commerce, people are doing crucial work on
research and development, technology diffusion, and
infrastructure modernization, and I intend to see that this
work stays in high gear and on track.
Third, continuing to mainstream the new economy. Our
policies and programs must reach out to help every individual
and every business transform ahead of our global competition.
Fourth, accessible and accountable government. The
Department has taken great strides to make its expertise and
services more available to the American people, who are after
all our customers. We must continue these reforms and
modernizations.
So Mr. Chairman, I believe these goals are also the results
that the American people expect from us and I look forward to
working with each and every one of you to keep all sectors of
the economy strong and growing throughout this time.
Thank you very much.
[The prepared statement and biographical information of Mr.
Mineta follow:]

Prepared Statement of Hon. Norman Y. Mineta,
Nominated to be Secretary of Commerce

Mr. Chairman, it is a great honor and personal privilege for me to
appear before you and the members of the Senate Commerce Committee this
morning.
I would like to thank you especially, Mr. Chairman, for the
courtesies you have extended to me since President Clinton announced my
nomination three short weeks ago. Since then, I have had the
opportunity to reach out to you and each member of the Committee--
including the distinguished Ranking Member, with whom I've worked long
and hard over many years.
I'm also delighted to thank my fellow Californians for their
comments just now. Both Senators Boxer and Feinstein have been great
friends for many, many years and extraordinary representatives of the
Golden State. I am proud to be in their company.
I must also say what a personal honor it is for me to be joined at
this table by your Committee colleague and my friend of close to 40
years, Dan Inouye. The Senior Senator from Hawaii is a man I admire in
numerous individual dimensions of humanity and public service.
When the Senator received his Medal of Honor from President Clinton
four weeks ago today, it was a proud moment for every American--but
perhaps especially for those of us who have known and respected Dan for
so very long.
Mr. Chairman, as you know, I've looked forward to the fullest
possible conversation today. With that in mind, I'll keep my opening
statement brief to help devote this hearing to your questions.
When the President nominated me to be the next Secretary of
Commerce, I said that six months is a virtual eternity in the New
Economy. And it is. I am honored by and grateful for his confidence in
me, and look forward to helping continue this longest period of
sustained economic expansion in American history.
As you know, my parents came to the United States from Japan more
than 90 years ago in search of the American Dream. My father began as a
farmer in Washington State, worked his way down to California, and
eventually founded a small insurance agency in San Jose.
The business remained small. But my father-and-mother's Dream
remained large--in many ways focused on their children and our full
acceptance into American society and economic opportunity.
Mr. Chairman, the American economy our parents knew and worked in
to raise us has been rebooted many times--and I would like to commend
especially the work done by Secretary Bill Daley to reboot the Commerce
Department, which I know to have been a prime interest of this
Committee.
Because of Bill Daley's commitment and partnership with you, the
Commerce Department is today more efficient, effective and transparent
in its operations. If confirmed by you and the full Senate, I will
continue to make this work in progress a top priority.
This commitment, which I make to you and to every constituent of
the Department, should come as no surprise.
During my 21 years in the House of Representatives, I had the
privilege to serve the American people alongside many of you. So,
please forgive my repeating a personal mantra you've probably heard
before.
I believe accountability and accessibility are among the greatest
responsibilities every public official owes to the letter and spirit of
the Constitution of the United States. The American people have the
right to expect us to observe these principles as matters of basic good
government, and to use them in our partnerhip with the private sector.
I believe that new markets, free and fair trade, research enabling
the creation of advanced American products and services, e-commerce, a
policy of digital inclusion to bridge the digital divide, and the best
scientific data are neither partisan domains nor the province of one-
size-fits-all prescriptives from Washington, DC or anywhere else.
The advocacy of these principles, practices and services to the
American people will be foremost among my efforts as Commerce
Secretary.
Six months of opportunity and responsibility will demand a greater
focus to make a greater difference. In that time, I plan to focus my
energies and the energies of the Commerce Department in four areas:

First, Keeping People in Business. This means keeping the
economy growing, Americans more prosperous, and developing new
international markets for American business. We must always
remember that people are our business. We must continue to
invest in our workers, their opportunities, and their
communities.

Second, Investing in our Nation's Future. For the past 30
years, the National Oceanic and Atmospheric Administration has
been the Nation's leader in predicting and protecting the
environment. Americans today enjoy the best weather service in
the world. Our ports are more efficient and environmentally
safe. And rebuilding our fisheries is a top priority. In all
matters, I will continue to focus our best science on managing
our coastal and marine resources.
Investing in our nation's future also means making sure we have
the technology and policies to fuel the new economy. Across
Commerce, people are doing crucial work on R&D, technology
diffusion and infrastructure modernization. I intend to see
that this work stays in high gear and on track.

Third, Continuing to Mainstream the New Economy. Our
policies and programs must reach out to help every individual
and every business transform ahead of our global competitors.

And Fourth, Accessible and Accountable Government. The
Department has taken great strides to make its expertise and
services more available to the American people, who are--after
all--our customers. We must continue those reforms and
modernizations.

Mr. Chairman, I believe these goals are also the results the
American people expect from us.
I look forward to working with each of you to keep all the sectors
of the economy strong and growing throughout this time.
Thank you very much.

A. BIOGRAPHICAL INFORMATION

1. Name: (Include any former names or nick names used.) Norman
Yoshio Mineta.
2. Position to which nominated: U.S. Secretary of Commerce.
3. Date of nomination: July 17, 2000.
4. Address: (List current place of residence and office addresses.)
Residence: Not released to the public. Office: Lockheed Martin
Headquarters, 6801 Rockledge Dr., Bethesda, Maryland 20817.
5. Date and place of birth: November 12, 1931, in San Jose,
California.
6. Marital status: Married to Danealia Darlene Mineta. Maiden name:
Danealia Darlene Hill.
7. Names and ages of children: David K. Mineta (son), 35; Stuart S.
Mineta (son), 27; Robert M. Brantner (stepson), 29; Mark D. Brantner
(stepson), 27.
8. Education: (List secondary and higher education institutions,
dates attended, degree received and date degree granted.) San Jose High
School, San Jose, California, 1946-1949, Diploma; University of
California at Berkeley, Berkeley California, 1949-1953 B.S.
9. Employment record: (List all jobs held since college, including
the title or description of job, name of employer, location of work,
and dates of employment.)

1953 to 1956 U.S. Army; Military Intelligence Officer; Korea and
Japan

1953 to 1966 U.S. Army Reserve; Attained Rank of Major

1956 to 1992 Mineta Insurance Agency; Owned/Managed family
insurance business, San Jose, California

1967 to 1971 City of San Jose, Member of City Council; San Jose,
California

1971 to 1974 City of San Jose; Mayor; San Jose, California

1975 to 1995 U.S. House of Representatives; Member; Washington,
D.C.

1995 to 1998 1995 to 4/1998 Senior Vice President and Managing
Director, Transportation Systems Services, Lockheed
Martin IMS, Washington, D.C.; 4/98 to 10/98 Vice
President, Transportation Business Development,
Lockheed Martin Corp., Bethesda, Maryland; 10/98 to
Present Vice President, Special Business
Initiatives, Lockheed Martin Corp., Bethesda,
Maryland

10. Government experience: (List any advisory, consultative,
honorary or other part-time service or positions with Federal, State,
or local governments, other than those listed above.)

Metropolitan Washington Airports Authority Board of Review
--Chair, 1987-1995

Metropolitan Washington Airports Authority Board of Directors
--Member, 2000

President's Advisory Commission on Asian Americans & Pacific Islanders
--Member, 2000

Smithsonian Institution
--Member, Board of Regents, 1977 to 1995
--Member, National Board
--Member, Smithsonian Environmental Research Committee
--Chair, Asian Pacific American Advisory Committee

President's Commission on Critical Infrastructure Protection
--Member, Advisory Committee, September-December 1997

National Civil Aviation Review Commission
--Chair, 1997

U.S. Department of Transportation
--Unpaid consultant to Secretary U.S. Department of Transportation,
March-June 1999; Drafted Motor Carrier Safety Administration
Report.

11. Business relationships: (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.)

Santa Clara University, Santa Clara, California; Member, Board of
Regents; Santa Clara, California
International Institute for Surface Transportation Policy Studies;
Member, Board of Directors; San Jose State University; San
Jose, California
MELE Associates, Inc.; Member, Board of Directors
ITS America; Member Board of Directors, Washington, D.C.
Trimble Navigation Ltd.; Member, Board of Directors, Sunnyvale,
California

12. Memberships: (List all memberships and offices held in
professional, fraternal, scholarly, civic, business, charitable and
other organizations.)

Japanese American National Museum, Board of Directors
San Jose Chamber of Commerce
Center for Policy Alternatives, Board of Directors
Eno Transportation Foundation, Board of Directors
Aero Club of Washington, Board of Directors
Asian Pacific American Institute for Congressional Studies, Board of
Directors
Junior Statesman Foundation, Board of Directors
History Museums of San Jose, Board of Directors
National Japanese American Memorial Foundation, Board of Directors
San Jose Museum of Art
Boy Scouts of America, Santa Clara County Council

13. Political affiliations and activities:
(a) List all offices with a political party that you have held or
any public office for which you have been a candidate. Candidacies:
1969, San Jose City Council (Appointed, 1967); 1971, Mayor of San Jose;
1974 and every 2 years thereafter, through 1994, U.S. House of
Representative from San Jose, California.
(b) List all memberships and offices held in and services rendered
to all political parties or election committees during the last 10
years. Democratic Congressional Campaign Committee, member; Dukakis for
President Committee, Co-Chair; Santa Clara County United Democratic
Committee, member; Democratic Central Committee, Santa Cruz County,
member; Democratic State Central Committee, member.
(c) 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. The following
contributions were made by Mineta for Congress political action
committee:

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
A Lot of Folks for Pat Williams Federal 11/02/92 500.00
----------------------------------------------------------------------------------------------------------------
A Lot of People Supporting Tom Daschle Federal 05/09/97 500.00
----------------------------------------------------------------------------------------------------------------
Abercrombie for Congress Federal 10/09/96 1,000.00
----------------------------------------------------------------------------------------------------------------
Al Swift Campaign Federal 11/02/92 500.00
----------------------------------------------------------------------------------------------------------------
Alan Wheat for U.S. Senate Federal 05/04/94 500.00
----------------------------------------------------------------------------------------------------------------
A Lot of Friends for Pat Williams Federal 11/07/94 500.00
----------------------------------------------------------------------------------------------------------------
Angelides for Treasurer Non-Federal 09/14/97 500.00
----------------------------------------------------------------------------------------------------------------
Anna Eshoo for Congress Federal 06/19/96 500.00
----------------------------------------------------------------------------------------------------------------
Anna Eshoo for Congress Federal 10/15/96 500.00
----------------------------------------------------------------------------------------------------------------
Barca for Congress Federal 11/07/94 500.00
----------------------------------------------------------------------------------------------------------------
Bonior for Congress Federal 07/12/90 500.00
----------------------------------------------------------------------------------------------------------------
Boxer for Senate Federal 10/31/92 1,000.00
----------------------------------------------------------------------------------------------------------------
Brennan for Governor/Maine Non-Federal 10/26/90 500.00
----------------------------------------------------------------------------------------------------------------
Bud Cramer for Congress Federal 09/28/92 500.00
----------------------------------------------------------------------------------------------------------------
Citizens for John Olver for Congress Federal 05/30/91 500.00
----------------------------------------------------------------------------------------------------------------
Committee to Elect Antonio R. Non-Federal 03/31/98 500.00
Villaraigosa
----------------------------------------------------------------------------------------------------------------
Committee to Re-Elect Tom Foley Federal 11/07/94 1,000.00
----------------------------------------------------------------------------------------------------------------
Committee to Re-Elect Wayne Owen Federal 10/26/90 500.00
----------------------------------------------------------------------------------------------------------------
Congressman Bart Gordon Committee Federal 06/03/96 500.00
----------------------------------------------------------------------------------------------------------------
Congressman Jerry Kleczka Federal 01/09/96 1,000.00
----------------------------------------------------------------------------------------------------------------
Congressman Klidee Committee Federal 11/07/94 500.00
----------------------------------------------------------------------------------------------------------------
Congressman William O. Lipinski Federal 05/15/92 500.00
Committee
----------------------------------------------------------------------------------------------------------------
Daniel K. Inouye in '98 Federal 02/28/98 1,000.00
----------------------------------------------------------------------------------------------------------------
Democratic Central Committee Santa Clara County Political 10/30/95 2,000.00
Organization
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
Democratic Congressional Dinner Federal 03/14/89 3,000.00
Committee
----------------------------------------------------------------------------------------------------------------
Democratic Congressional Dinner Federal 03/27/91 3,000.00
Committee
----------------------------------------------------------------------------------------------------------------
Democratic Congressional Campaign Federal 09/19/89 1,000.00
Committee
----------------------------------------------------------------------------------------------------------------
Democratic Congressional Campaign Federal 02/05/90 5,000.00
Committee
----------------------------------------------------------------------------------------------------------------
Democratic Congressional Campaign Federal 10/26/90 500.00
Committee
----------------------------------------------------------------------------------------------------------------
Democratic Congressional Campaign Federal 03/27/91 5,000.00
Committee
----------------------------------------------------------------------------------------------------------------
Democratic Congressional Campaign Federal 11/06/91 500.00
Committee
----------------------------------------------------------------------------------------------------------------
Democratic Congressional Campaign Federal 04/06/92 5,000.00
Committee
----------------------------------------------------------------------------------------------------------------
Democratic Congressional Campaign Federal 09/23/93 5,000.00
Committee
----------------------------------------------------------------------------------------------------------------
Democratic Congressional Campaign Federal 05/17/94 5,000.00
Committee
----------------------------------------------------------------------------------------------------------------
Democratic Congressional Campaign Federal 01/24/95 5,000.00
Committee
----------------------------------------------------------------------------------------------------------------
Democratic State Central Committee Political 05/26/92 4,000.00
Organization
----------------------------------------------------------------------------------------------------------------
Democratic Party, Santa Clara County Political 05/22/94 500.00
Organization
----------------------------------------------------------------------------------------------------------------
Democratic State Central Committee Political 09/25/92 2,000.00
Organization
----------------------------------------------------------------------------------------------------------------
Don Beyer for Governor Non-Federal 09/07/97 500.00
----------------------------------------------------------------------------------------------------------------
Eshoo for Congress Federal 03/31/92 1,000.00
----------------------------------------------------------------------------------------------------------------
Eshoo for Congress Federal 09/30/92 1,000.00
----------------------------------------------------------------------------------------------------------------
Faleomavaega for Congress Committee Federal 11/07/94 500.00
----------------------------------------------------------------------------------------------------------------
Fifth Exploratory Committee (Moffett) Federal 10/20/89 1,000.00
----------------------------------------------------------------------------------------------------------------
Ford for Congress Federal 10/31/91 500.00
----------------------------------------------------------------------------------------------------------------
Friends of Bob Carr Federal 10/31/92 500.00
----------------------------------------------------------------------------------------------------------------
Friends of Bob Carr Federal 07/22/94 500.00
----------------------------------------------------------------------------------------------------------------
Friends of Daniel Akaka Federal 07/23/90 1,000.00
----------------------------------------------------------------------------------------------------------------
Friends of Farr Federal 11/07/94 1,000.00
----------------------------------------------------------------------------------------------------------------
Friends of Jim Oberstar Federal 04/15/98 500.00
----------------------------------------------------------------------------------------------------------------
Friends of L.F. Payne Non-Federal 09/30/97 500.00
----------------------------------------------------------------------------------------------------------------
Friends of Mark Takano Federal 02/11/94 500.00
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------

Friends/Congressman George Miller------------------------Federal----------------03/31/97---------500.00---------
Committee
----------------------------------------------------------------------------------------------------------------
Hamburg for Congress Federal 11/07/94 1,000.00
----------------------------------------------------------------------------------------------------------------
Hefner for Congress Federal 10/26/90 500.00
----------------------------------------------------------------------------------------------------------------
IMPAC 2000 Political 05/07/90 10,000.00
Organization
----------------------------------------------------------------------------------------------------------------
IMPAC 2000 Political 06/04/90 25,000.00
Organization
----------------------------------------------------------------------------------------------------------------
IMPAC 2000 Political 05/07/91 10,000.00
Organization
----------------------------------------------------------------------------------------------------------------
IMPAC 2000 Political 07/10/91 10,000.00
Organization
----------------------------------------------------------------------------------------------------------------
IMPAC 2000 Political 09/30/91 15,000.00
Organization
----------------------------------------------------------------------------------------------------------------
Jerry Estruth for Congress Committee Federal 10/17/95 5,000.00
----------------------------------------------------------------------------------------------------------------
Keep George Brown Federal 10/26/90 1,000.00
----------------------------------------------------------------------------------------------------------------
Keep Nick Rahall in Congress Committee Federal 11/02/92 500.00
----------------------------------------------------------------------------------------------------------------
Keep Nick Rahall in Congress Committee Federal 03/13/98 500.00
----------------------------------------------------------------------------------------------------------------
Kennelly for Connecticut Non-Federal 04/15/98 500.00
----------------------------------------------------------------------------------------------------------------
Les AuCoin for Senate Federal 06/24/91 1,000.00
----------------------------------------------------------------------------------------------------------------
Les AuCoin for Senate Federal 06/26/91 1,000.00
----------------------------------------------------------------------------------------------------------------
Lynn Schenk for Congress Federal 11/07/94 500.00
----------------------------------------------------------------------------------------------------------------
Mike Honda for Assembly '96 Non-Federal 10/15/96 500.00
----------------------------------------------------------------------------------------------------------------
Moffett for Congress Federal 10/26/90 500.00
----------------------------------------------------------------------------------------------------------------
Nagle for Congress Federal 10/26/92 500.00
----------------------------------------------------------------------------------------------------------------
Nagle for Congress Federal 10/31/92 500.00
----------------------------------------------------------------------------------------------------------------
Pastor for Congress Federal 09/17/91 500.00
----------------------------------------------------------------------------------------------------------------
Price for Congress Federal 03/25/96 500.00
----------------------------------------------------------------------------------------------------------------
Rahall, Nick (Keep Nick Rahall/ Federal 05/02/90 1,000.00
Congress)
----------------------------------------------------------------------------------------------------------------
Sam Farr for Congress Federal 03/13/98 500.00
----------------------------------------------------------------------------------------------------------------
Santa Clara County United Democratic Political 03/16/90 5,000.00
Committee Organization
----------------------------------------------------------------------------------------------------------------
Santa Clara County United Democratic Political 09/30/96 1,610.00
Committee Organization
----------------------------------------------------------------------------------------------------------------
Sawyer for Congress Federal 11/07/94 500.00
----------------------------------------------------------------------------------------------------------------
Sherman for Congress Federal 10/09/96 500.00
----------------------------------------------------------------------------------------------------------------
Spratt for Congress Federal 07/16/96 500.00
----------------------------------------------------------------------------------------------------------------
Studds for Congress Federal 10/26/90 1,000.00
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------

Takano for Congress--------------------------------------Federal----------------06/15/93---------500.00---------
----------------------------------------------------------------------------------------------------------------
Torricelli for Senate Federal 06/03/96 1,000.00
----------------------------------------------------------------------------------------------------------------
Torricelli for Senate Federal 06/03/96 1,000.00
----------------------------------------------------------------------------------------------------------------
United Democratic Campaign Political 07/13/90 891.50
Organization
----------------------------------------------------------------------------------------------------------------
United Democratic Campaign Political 07/23/90 931.50
Organization
----------------------------------------------------------------------------------------------------------------
United Democratic Campaign Political 08/15/90 2,464.50
Organization
----------------------------------------------------------------------------------------------------------------
United Democratic Campaign Political 08/31/90 2,812.50
Organization
----------------------------------------------------------------------------------------------------------------
United Democratic Campaign Political 09/13/90 2,113.50
Organization
----------------------------------------------------------------------------------------------------------------
United Democratic Campaign Political 03/29/93 500.00
Organization
----------------------------------------------------------------------------------------------------------------
United Democratic Campaign Political 03/25/92 1,000.00
Organization
----------------------------------------------------------------------------------------------------------------
United Democratic Campaign Political 09/30/94 2,500.00
Organization
----------------------------------------------------------------------------------------------------------------
United Democratic Campaign Political 11/04/94 2,500.00
Organization
----------------------------------------------------------------------------------------------------------------
United Democratic Campaign Political 11/28/95 5,500.00
Organization
----------------------------------------------------------------------------------------------------------------
Victory '90--Federal Account Political 10/24/90 4,000.00
Organization
----------------------------------------------------------------------------------------------------------------
Vinich for Congress Federal 04/20/89 1,000.00
----------------------------------------------------------------------------------------------------------------
Washington State Democratic Party Federal 10/30/96 2,750.00
----------------------------------------------------------------------------------------------------------------
Washington State Democratic Party Federal 10/30/96 2,750.00
----------------------------------------------------------------------------------------------------------------
Wolpe for Congress Federal 10/26/90 1,000.00
----------------------------------------------------------------------------------------------------------------
Woolsey for Congress Committee Federal 12/21/93 500.00
----------------------------------------------------------------------------------------------------------------
Yates for Congress Committee Federal 12/29/89 1,000.00
----------------------------------------------------------------------------------------------------------------

14. Honors and awards: (List all scholarship, fellowships, honorary
degrees, honorary society memberships, military medals and any other
special recognition for outstanding service or achievements.) Due to my
retirement from Congress 5 years ago, it is no longer possible to
assemble a comprehensive list of my awards and honors. The following is
my best effort to recall some of the awards and honors I have received
over the years:

Aviation Achievement Award, Aero Club of Washington, 1985
Industry Public Service Award, Air Transport World, 1987
Award for Extraordinary Service, Federal Aviation Administration,
1989
Martin Luther King, Jr. Commemorative Medal, George Washington
University, 1995
Distinguished Service Medal, National Aeronautics and Space
Administration, 1996
Hubert Humphrey Award, Leadership Conference on Civil Rights, 1996
Public Service Award, American Institute of Aeronautics and
Astronautics, 1996
Glen A. Gilbert Memorial Award, Air Traffic Control Association, 1996
Joseph P. Hartranft, Jr. ``Doc Award,'' Aircraft Owners and Pilots
Association, 1987
Distinguished Service Award, American Public Transit Association,
1993

15. Published writings: (List the titles, publishers, and date of
books, articles, reports, or other published materials which you have
written.) Due to my retirement from Congress 5 years ago, it is no
longer possible to assemble a comprehensive list of my published
writings. The following is my best effort to list as many of my
published writings as I can:

``Winning the Peace,'' SunWorld/view.point--July 1991.
``Making Sense of The Census: An Opinion Editorial,'' The Rafu
Shimpo, It Pays to Know--April 18, 1990.
``Congressional Insight: Biotechnology and the Future,'' Details--
May/June 1991.
``Mineta on Strategy: Government Should Help, Not Ignore, U.S.
Companies in World Markets,'' The Business Journal (Santa Clara
Valley)--October 16, 1989.
``Will There Be Life in Our Space Program,'' AD ASTRA, Space Politics
Forum--November 1989.
``Comments to Letter to Gorbachev (Perspective),'' San Jose Mercury
News--June 3, 1990.
``In Case of Oil Emergency,'' San Jose Mercury News--October 15,
1990.
``Time to Rebuild America,'' State Government News--November 1991.
``Ice Tea' Is Working,'' ROLL CALL, Infrastructure Policy Briefing,
June 29, 1992.
``Override Bush's Veto on the FSX,'' San Jose Mercury News,
Commentary--August 4, 1989.
``Defining the Federal Role in Infrastructure Funding,'' Stone
Review--April 1991.
``Trains, Planes, and Automobiles--Getting from Here to There in the
1990s,'' TRAIL--February 1991.
``ADA: A Matter of Civil Rights,'' Worklife--Fall 1990.
``National Transportation Systems--SOLUTIONS FOR THE FUTURE,'' DES--
October 1990.
``Penny-Wise and Pound-Foolish,'' ROLL CALL, Infrastructure Policy
Briefing--July 23, 1990.
``Mobility Safety Concern Congress,'' Roads and Bridges--December
1989.
``U.S. Airlines Should Not Be Routinely Repaired Overseas,'' Scripps
Howard News Service--December 11, 1989.
``Infrastructure: The Federal Road Ahead,'' Stone Review--April 1989.
``Curing the Air Travel Crunch,'' Air and Space--October/November
1987.
``Building the Future Today,'' U.S. MAYOR--February 15, 1993.
``Looking To The Future,'' Heavy/Highway Report--January 1993.
``Reinventing Superfund,'' ROLL CALL, Environmental Policy Briefing--
July 25, 1994.
``Technology in Motion; Privacy at Issue,'' San Jose Mercury News--
September 4, 1994.
``The Flight Into the 104th Congress,'' The Alliance (published by
the Association of Flight Attendants (SFO United Council 11))--
March 20, 1995.
``In Transit We Trust,'' San Jose Mercury News--March 17, 1995.
``Now, the Point is `Nonpoint','' ROLL CALL. Environment Policy
Briefing--April 3, 1995.
``GOP Congress Must Exempt Infrastructure From Its Attacks on
Government Spending,'' ROLL CALL, Infrastructure Policy
Briefing--May 8, 1995.
``The Wounds of War,'' People Magazine--December 14, 1987.

16. Speeches: Provide the Committee with two copies of any formal
speeches you have delivered during the last 5 years which you have
copies of on topics relevant to the position for which you have been
nominated. Due to my retirement from Congress 5 years ago, it is no
longer possible to assemble a comprehensive list of my speeches.
However, I have given approximately ten speeches in two areas: Asian
Pacific American Affairs and federal aviation matters. I do not have
copies of these speeches readily to hand. I will attempt to provide
copies of these speeches if the Committee so desires.
17. Selection:
(a) Do you know why you were chosen for this nomination by the
President? I believe the President selected me because my professional
life has been lived successfully in one of two worlds and often both:
business and public service. I have run a small business and currently
hold a senior strategic position in a large one. I have held public
office at the local and Federal levels, and these experiences have
provided both executive and legislative insights and accomplishments. I
am a consensus-builder by nature and a leader by example. The President
knows that I believe in and understand the importance of the New
Economy, both domestically and internationally. He also knows that I
will work tirelessly in this job for the good of the American people.
(b) What do you believe in your background or employment experience
affirmatively qualifies you for this particular appointment? My
experiences in both the public and private sector have been dedicated
to job creation, free-and-fair trade, the embrace of new technologies
and scientific research, and accessibility and accountability in public
office.

B. FUTURE EMPLOYMENT RELATIONSHIPS

1. Will you sever all connections with your present employers,
business firms, business associations or business organizations if you
are confirmed by the Senate? Yes.
2. Do you have any plans, commitments or agreements to pursue
outside employment, with or without compensation, during your service
with the government? If so, explain. No.
3. Do you have any plans, commitments or agreements after
completing government service to resume employment, affiliation or
practice with your previous employer, business firm, association or
organization? No.
4. Has anybody made a commitment to employ your services in any
capacity after you leave government office? No.
5. If confirmed, do you expect to serve out your full term or until
the next Presidential election, whichever is applicable? Yes.

C. POTENTIAL CONFLICTS OF INTEREST

1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients or customers. As an employee of Lockheed Martin Corporation, I
received a salary, certain stock options, retirement benefits, 401(k),
and health benefits. In addition, as a former Member of Congress, I am
vested in the federal retirement plan and draw a retirement annuity.
2. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated. I retained stock and
stock options with Lockheed Martin, stock options with Trimble
Navigation Ltd., and stock in MELE Associates and Union Bank of
California. I will disqualify myself from participation in matters
likely to affect these interests, consistent with ethics regulations. I
do not anticipate these holdings creating a conflict of interest with
my duties in light of this recusal.
3. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated? During the past 10 years, I
have had no clients and only two employers: one is the U.S. House of
Representatives, and the other is Lockheed Martin. I do not anticipate
any conflict of interest being created by any of my past activities. I
will disqualify myself from participating in matters concerning past
employers or organizations with which I have served, as provided in
ethics regulations.
4. 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 affecting the
administration and execution of law or public policy. Until October,
1995, I had served as a member of the US House of Representatives
continuously since January, 1975. Thereafter, I have been outspoken on
matters related to Asian Pacific Americans. I have also served on
Federal panels in public proceedings and have testified to Congress in
related matters.
5. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items. (Please provide a copy of any trust or other agreements.) I will
consult with ethics officials of the Department of Commerce and, if
appropriate, divest myself of conflicting interests, recuse myself, or
obtain a waiver of conflict of interests restrictions, if applicable.
6. Do you agree to have written opinions provided to the Committee
by the designated agency ethics officer of the agency to which you are
nominated and by the Office of Government Ethics concerning potential
conflicts of interest or any legal impediments to your serving in this
position? Yes.

D. LEGAL MATTERS

1. Have you ever been disciplined or cited for a breach of ethics
for unprofessional conduct by, or been the subject of a complaint to
any court, administrative agency, professional association,
disciplinary committee, or other professional group? If so, provide
details. No.
2. Have you ever been investigated, arrested, charged or held by
any Federal, State, or other law enforcement authority for violation of
any Federal, State, county, or municipal law, regulation or ordinance,
other than a minor traffic offense? If so, provide details. No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in interest in an administrative agency
proceeding or civil litigation? If so provide details. I'm aware of
none.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? No.
5. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be considered in
connection with your nomination. None.

E. RELATIONSHIP WITH COMMITTEE

1. Will you ensure that your department/agency complies with
deadlines set by congressional committees for information? To the
limits of my power, 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? To the limits of my power, yes.
3. Will you cooperate in providing the Committee with requested
witnesses, to include technical experts and career employees with
firsthand knowledge of matters of interest to the Committee? To the
limits of my power, 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? To the limits of my power, yes.

F. GENERAL QUALIFICATIONS AND VIEWS

Please describe how your previous professional experience and
education qualifies you for the position for which you have been
nominated.
1. What skills do you believe you may be lacking which may be
necessary to successfully carry out this position? What steps can be
taken to obtain those skills? I believe that I have all the skills
necessary to successfully carry out this position. However, I also
realize that the position carries with it high expectations across a
wide range of areas. I am sure that there will be humbling moments and
I look forward to improving my skills as I become more experienced in
the job.
2. Why do you wish to serve in the position for which you have been
nominated? This is a great moment in the life of the American economy.
It will be a privilege to bring all of my experiences and resources to
bear to help keep the economy growing and strong.
3. What goals have you established for your first two years in this
position, if confirmed? In the six or so months left in President
Clinton's term, there is no more important task than to further advance
the policies that have contributed to our economic growth and
prosperity. Six months can be a lifetime in the new economy and I
intend to ensure we stay focused on promoting fair trade, ensuring all
Americans can participate fully in the new economy and building the
legal, technological, and policy infrastructure to sustain economic
growth. This is particularly true for the resource management
responsibilities of the Department where we are charged with a diverse
set of environmental mandates from forecasting the weather to ensuring
we leave the next generation healthier and more productive oceans.
4. Please discuss your philosophical view on the role of
government. Include a discussion of when you believe the government
should involve itself in the private sector, when should society's
problems be left to the private sector, and what standards should be
used to determine when a government program is no longer necessary.
Throughout my career in both the public and private sectors I have
believed that government has several roles as it carries out the
people's business. First, it provides a way for our citizens to get
things done that are not necessarily viable for the private sector
acting alone. Building our country's transportation infrastructure is
an example from my own experience. Second, government provides the
legal and policy framework for fair competition and to encourage robust
innovation. I believe this is the role Abraham Lincoln had in mind when
noted that ``The patent system added the fuel of interest to the fire
of genius.'' The words now carved into the stone of Commerce's Herbert
Hoover building.
I do not believe there is a bright line that divides public and
private roles. Indeed, this Administration, with Congress's support,
has shown the power of public-private partnerships to get things done
in a cost-effective and timely manner. Nevertheless, we must constantly
ask ourselves whether government's role is needed. In a rapidly
changing economy, we should be prepared to accept new challenges and
drop old roles that are no longer necessary.
Finally, it is uniquely government's role to ensure the protection
of every American's rights and to ensure citizens and corporations live
up to their responsibilities. That is why I worked so hard and am still
proud to this day of the action this body took with the passage of the
Civil Liberties Act of 1988. The redress for Japanese Americans in the
Act remains in my mind as one of the best expressions of what this
nation can be about and the power of government to admit its mistakes--
even the most tragic of mistakes--offer tangible remorse, and commit to
ensuring that the same mistakes are never repeated.
5. In your own words, please describe the agency's current
missions, major programs, and major operational objectives. Commerce is
a diverse department. But at its core, each of its nine bureaus plays a
role in job creation, sustainable economic growth and in improving our
living standards. I am sure you have seen Commerce's mission statement
and I strongly agree with the objectives it outlines to: (a) build for
the future and promote U.S. competitiveness in the global marketplace
by strengthening and safeguarding the nation's economic infrastructure,
(b) keep America competitive with cutting-edge science and technology
and an unrivaled information base, and (c) provide effective management
and stewardship of the nation's resources and assets to ensure
sustainable economic opportunities. In my tenure, I will work to ensure
that Commerce's diverse responsibilities are more interconnected than
every before. It will be my priority to see that we build on our
successes and continue to enable the American people to participate in
this thriving economy.
6. In reference to question number six, what forces are likely to
result in changes to the mission of this agency over the coming five
years? The Department is in the middle of preparing its five year
Strategic Plan which it will deliver to you, as required by the
Government Performance and Results Act, on September 30, 2000. While
this is still a work-in-progress, my view is that Commerce's mission is
not likely to change but the tools it uses are likely to undergo
evolution. We must make major strides in how we use information
technology to become the ``digital department.'' This means finding
ways the Internet and electronic commerce can help us provide better
and faster services to our clients. This also means taking a page from
business which has used these tools to cut costs and improve service in
B2B transactions and apply them for the same purpose in G2G
transactions. I also believe the next five years will see us make
changes in the type of statistical tools we use to measure the economy
and inform our policy decisions. Finally, I will be encouraging the
Department to pick up the pace of innovation in how we use technology
in everything from processing patents to managing fisheries.
7. In further reference to question number six, what are the likely
outside forces which may prevent the agency from accomplishing its
mission? What do you believe to be the top three challenges facing the
board/commission and why? The top three challenges are: (1) maintaining
focus and effectiveness in a world that is increasingly globalized and
interconnected, (2) continuing to effect change within the Department,
and (3) working with Congress to ensure the Department has adequate
resources. As our world becomes more complex, a Department as diverse
as Commerce will inevitably be pulled in many different directions.
Similarly, economic and resource management policy issues are becoming
more global in nature. For example, we can't protect whales that we
enjoy seeing off our coasts without the cooperation of dozens of
nations around the world. Neither can we ensure fair trade simply
through bilateral discussion with a handful of trading partners. To
meet these challenges will require evolution in how we do business and
the tools we use. This may mean changes to or even elimination of some
services and launching of new ones. Change will raise concerns from
some stakeholders within and outside the Department. Equally, to meet
these challenges, the Department will need adequate funding. I look
forward to working with you on all these fronts.
8. In further reference to question number six, what factors in
your opinion have kept the board/commission from achieving its missions
over the past several years? In preparing for this job, I have reviewed
the Committee's assessments of Bill Daley and the Department over the
past several years. The evidence makes it easy to agree with your views
on just how good a job he and the Department have done in achieving its
mission. To quote Senator McCain's characteristically straight-talk,
``I give Secretary Daley high marks.'' I look forward to working with
you to continue this record of success and meeting the challenges of
the next six months.
9. Who are the stakeholders in the work of this agency? The
Secretary of Commerce has a sweeping responsibility to be the balanced
voice of business leadership within the Department of Commerce. The
Department makes possible the weather reports heard every morning;
facilitates technology that Americans use in the workplace and home
every day; it supports the development, gathering and transmitting of
information essential to competitive business; and it conducts the
constitutionally mandated decennial census which is the basis of
representative democracy. Primary stakeholders are businesses and
workers. The Department works to produce a fertile environment for
business growth and innovation. This included investing in people and
working to close the ``divides'' in our society to open new doors of
opportunity all over America. Commerce works to create a stable
international market place that includes level playing fields, stable
laws and strong protections for consumers and fair competition. Equally
important stakeholders are the millions of men and women who make their
living and find relaxation along our coasts and in our seas. So too
those who depend on weather forecasts to chart safe air transportation,
plant crops and prepare for natural disasters. Arguably more than any
other Department, Commerce has stakeholders in every part of American
society.
10. What is the proper relationship between your position, if
confirmed, and the stakeholders identified in question number eleven?
The Secretary of Commerce is the reasoned voice of American business
within the administration and in the international area. The Secretary
is also a decision-maker in issues related to marine resources and
weather forecasting. The proper relationship between the Secretary and
stakeholders in all these areas is governed by clear legislative
mandates, executive orders and Departmental guidance. I can assure you
that I will follow in the footsteps of my predecessor in adhering to
both the letter and spirit of those documents and other guidance you
may have for me.
11. Please describe your philosophy of supervisor/employee
relationships. Generally, what supervisory model do you follow? Have
any employee complaints been brought against you? My philosophy has
always been straightforward--set the direction, demand the best and
trust your staff 's judgement to make things work on the ground. As
Secretary, I plan to set the goals and require frequent and frank
progress reports from the Department's senior leadership. I expect
them, in turn, to provide clear guidance and oversight to the work of
their bureaus. At the same time, I will trust in the Department's
leaders to carry out our business efficiently and with integrity on a
day-to-day basis.
12. Describe your working relationship, if any, with the Congress.
Does your professional experience include working with committees of
Congress? If yes, please describe. As many of you know, I was a
Congressman from San Jose, California for over two decades. I have had
a long and positive working relationship with Congress. I look forward
to continuing that relationship in a new role.
13. Please explain how you will work with the Committee and other
stakeholders to ensure that regulations issued by your board/commission
comply with the spirit of the laws passed by Congress. I have said many
times over my career that accessibility and accountability should be
two of the most important values for governmental institutions and
officials. I have worked hard to make sure that I and the offices I
hold reflect those values. I look forward to the formal opportunities
for dialogue afforded to me through testimony and responding to written
requests such as this one. However, I believe informal communications
are critical to ensuring we share an understanding of how the
Department's actions are in full support of the laws passed by
Congress. I have every hope and expectation that you will not hesitate
to pick up the phone and call with questions or concerns. I also
anticipate visiting with you and your constituents both here in
Washington and back in your districts.
14. In the areas under the board/commission jurisdiction, what
legislative action(s) should Congress consider as priorities? Please
sate your personal views. There are a number of bills that are
currently under consideration by Congress that directly or indirectly
affect Commerce. I look forward to working with you on the specifics of
them as they are taken up by the Senate and House. As my record from
two decades in Congress shows, you can rest assured that I will work
diligently and cooperatively with you to make sure that we have the
necessary legal framework in place to continue to provide for continued
prosperity, fair trade, sustainable development and inclusion of all
Americans in the opportunities for economic growth.
15. Please discuss your views on the appropriate relationship
between a voting member of any independent board or commission and the
wishes of a particular president. While I would hope and expect that my
relations with the President would remain cordial and friendly, in this
particular position, once nominated and confirmed, I have by statute
one responsibility, and that is to `ensure that adequate consideration
is given to the national interest.' It would be, after listening to
anyone with a view on the question, including the President if he
wished to convey a view, to determine independently and to the best of
his or her ability the responsibility of any board member what the
national interest was and to make sure the Board gave it adequate
consideration.

The Chairman. Thank you very much. Again, I want to add my
congratulations on this truly outstanding appointment for a
great American. I am very pleased to know of your record of
commitment to free trade, your appreciation of the importance
of open markets both here and abroad, and obviously one of the
areas that I think will take some more of your time and
attention, and that is aviation and open skies agreements.
Both in the case of Britain and in the case of some Asian
countries, we have not achieved the kinds of agreements that we
would like to see for the benefit of Americans as well as
citizens of other countries.
Would you like to comment on that a little bit?
Mr. Mineta. Yes. You have, Mr. Chairman, been a leader in
this whole area and, having chaired the House Subcommittee on
Aviation for 8 years, have had a very keen interest on issues
related to aviation. So I am very much committed to the whole
area of open skies, whether it be as it relates to Europe,
Africa, Asia, wherever it might be, and I intend to pursue that
line as the Secretary of Commerce, working in conjunction with
the Department of Transportation and the USTR.
The Chairman. I thank you, because I think you are uniquely
qualified to address what I think is an issue that is going to
become more and more important. More Americans in history are
visiting Europe this summer. I think that even more could have
if the prices had been on the affordable level. Yet, although
we complain a great deal on this Committee, and I am one of
them, about the domestic services, when you look at the air
fares that prevail in Europe and in Asia as compared to the
United States, it is dramatically different.
I just have 2 or 3 other questions. The first one relates
to the ongoing litigation regarding Freedom of Information Act
requests concerning Department of Commerce trade missions. The
trade mission litigation represents an unfortunate and I
believe easily avoidable instance of administrative
stonewalling. I want to draw your attention, I did when you
visited my office, to a Washington Post article that I noted
when you met with me.
I would request that you commit that in all instances the
Department be as forthcoming as possible in response to
Commerce Committee requests for documents, as well as all other
legal requests of the Department.
Mr. Mineta. Absolutely, Mr. Chairman. This is an area in
which Secretary Daley took a very hard view in terms of making
sure that trade missions were a very transparent and open
process, and I think he went a long way toward reforming the
process to make sure that the substance of those trade missions
really were paramount and that the political nature of those
were minimized.
So I want to continue that policy and make sure that it is
transparent and also to make the information available within
the prerogatives of protecting privacy or proprietary
information.
The Chairman. I thank you, and I share your opinion about
Secretary Daley's efforts to really make a trade mission what a
trade mission should be. I do agree that trade missions are
important. I have no problem with them per se.
I also request your commitment that if you are confirmed
you would order any Commerce Department employee to testify
before the Commerce Committee, if the Committee deems their
testimony important, to discover the manner in which the
Commerce Department trade missions were used, both
appropriately to promote trade and perhaps inappropriately as a
reward for political contributions.
Mr. Mineta. Absolutely. Any of that would be all done
within the prerogatives of what would be provided by law.
The Chairman. I thank you.
In a sworn affidavit, a Commerce Department career civil
servant who had supervisory authority over all Freedom of
Information Act matters stated the Office of the General
Counsel staff ``improperly assumed and exercised the final
authority to approve or disapprove the release of documents
responsive to FOIA requests submitted by Judicial Watch.'' Many
times the FOIA staff was not notified what documents had or had
not been released.
The employee has further asserted that the General
Counsel's procedure in this instance ``was and is inconsistent
with the Commerce Department's written prescribed rules for
responding to Freedom of Information Act requests.''
Can you give the Committee these rules? Would you submit to
the Committee these rules that prevail?
Mr. Mineta. I would have no problem in doing that, Mr.
Chairman.
The Chairman. Thank you.
Mr. Mineta. All of these things, of course, took place
quite some time ago, and I believe that the kinds of reforms
that have been placed or put in place I think will in the
future avoid similar difficulties.
The Chairman. I agree. Do you know if these rules allow for
the intervention or prevent the intervention of White House
staff in Commerce Department FOIA requests? You may want to
answer that----
Mr. Mineta. No, sir, I am not aware of that detail.
The Chairman. The U.S. district court indicated in its
December 1998 opinion that sensitive classified information
concerning national security matters had been removed from the
Department of Commerce. I would appreciate if you would provide
the Committee with the procedures now in place to ensure that
classified documents are not removed from the Department.
Mr. Mineta. We will do that.
The Chairman. At about the time of Secretary Daley's
confirmation hearing before this Committee, significant
allegations had been raised that the Commerce Department was
being used by certain individuals for fundraising purposes.
Then-Commerce Secretary nominee Daley assured me that he would
not tolerate such conduct. Last week in The Washington Post
there were reports that the former head of the Commerce
Department Office of Business Liaison sent fundraising letters
to trade mission participants.
I cannot judge the accuracy of these statements.
Nevertheless, they are disturbing. Therefore, could you tell me
what safeguards you would propose to ensure that political
activities do not occur in conjunction with Commerce Department
trade missions?
Mr. Mineta. Well, first of all, there would be a total
separation, so that if there is any kind of political activity
related to a trade mission that there would be a firewall
placed between them. Even in assessing who will be a member of
the trade wall--trade mission, a firewall will be there.
The other part of it I think, Mr. Chairman, is that in
reviewing who gets to go on these trade missions, there is a
panel and the panel as I recall is in the majority made up of
civil servants. So to the extent that it is not the political
side that is making the decision, but that there is the very
strong input from the professional career bureaucrats. Plus on
top of that, the after-trade mission report again will I think
make sure that the political aspects of it are minimal,
minimized, if totally prohibited, and that these people are
there because of the substantive nature of the trade mission.
The Chairman. I thank you. Again, you and I are in
agreement. Trade missions I think are important.
I am very concerned, as I know you are, about the situation
in Africa. I am very pleased that we passed legislation which
may enhance our ability to help the African countries through
more free and open trade. Yet I see a lack of U.S. investment,
which is understandable. I see a continued deterioration in
that very unfortunate continent.
I wonder if you have thought about ways that perhaps we can
put more emphasis and perhaps improve the situation in that
very tragic continent.
Mr. Mineta. Well, I suppose like a lot of the
underdeveloped countries, lack of financing is probably the
core of their ability to do something. Even though, let us say,
in terms of the region, even if governments got together and
agreed on a certain project or a certain path to undertake, the
lack of finances keeps them from pursuing their goals.
So I would hope that in that instance the Department of
Commerce would be able to help their dealing with the
development banks that exist or with the World Bank or other
kinds of financing mechanisms that are available, including our
own direct assistance programs, to be able to help. I think
there are a number of them as they relate to aviation,
especially as it relates to open skies. I would like to work
with the Department of Transportation on those efforts.
The Chairman. Thank you. Senator Inouye.
Senator Inouye. Mr. Chairman. In the spirit of expediting
the proceedings, I have no questions for the nominee.
The Chairman. Senator Rockefeller.
Senator Rockefeller. Thank you, Mr. Chairman.
Mr. Mineta, you and I have already discussed the steel
situation and that obviously is of great importance to
relatively few States, but in those States it becomes a
paramount issue. There is a steel report which is due out, I
believe this week, and the whole question of dumping in this
world, which has enormous economic consequences, which is not--
as some would say, in support of free trade. But we are moving
more and more toward a rules-based society. That is what WTO is
all about. That is what common commercial practice is meant to
be about.
So the question of dumping and countervailing duties and
circumvention, all of these things are tremendously important.
We have discussed those issues, so I wanted to just mention
that again.
Also, you do a lot of very, very important things in the
Commerce Committee. One of them, which is not very well known
and which the Administration has not particularly been helpful
to in this year's budget, is something called EPSCoT
[Experimental Program to Stimulate Competitive Technology],
which has to do with technology. It takes areas of the country
and universities and other areas, entities which are not
necessarily technologically advanced, but they have a lot to
offer, and it encourages their technological competitiveness.
EPSCoT does that, and EPSCoT does that well. I want to
particularly emphasize both of those programs to you. They were
started in the eighties. In the nineties they have made a lot
of difference in my State. They are small, they are easy to
ignore, easy to forget, but they are significant. So I would
just put that to you.
Then in the form of a question, in the range and mania of
technology across this country it is very easy to talk about
the digital divide, but then in one's heart not really to, when
it comes down to voting, to do anything about it. There is a
feeling on this Committee and other committees throughout the
Congress that the Internet world must be left alone because
what they do is what they know best and they know it better
than we do, therefore we should just stay out of the way.
Which gets to be a little more difficult when you start
thinking about local tax bases, school systems, national
security, other areas. But my concern is the digital divide in
terms of, as they say, those places that are guaranteed a
future because not only technology, the Internet, the use of
the Internet, but broadband, the placement of broadband, will
be there, as opposed to probably the other 80 percent of the
land mass of this country, not the population but the land mass
of this country, which will not have, for example, broadband
services.
People who look at the digital divide and choose not to be
really serious about it often say: Oh, that is just digital
delay. It is not. It is not. In my State, every week that
passes where we are at a disadvantage to other places which are
thriving because of infrastructure and efforts that we do not
have, both on the part of the public sector and of the private
sector, are deeply costly ones, ones which cause our 12-, 13-,
and 14-year-olds to prejudge their future in our State and
therefore to decide to go elsewhere, which has been the history
of our State for a variety of industrial revolutions, so to
speak.
I am interested in your view on this question of digital
divide versus digital delay and where you think through TOP,
the Technology Opportunities Program, and other places that the
Department of Commerce can be helpful.
Mr. Mineta. Senator, having represented the Silicon Valley
area for 21 years, I am very acutely aware of the ability of
technology to really make a difference in someone's life. I
think in terms of our own expansion of the economy, technology
has played a very large role. That is why in my statement I
really talk about digital inclusion, because I do not want to
leave areas behind.
My whole being is about dealing with the issues of the
underserved and underrepresented. So whether it is in
technology or whether it be in civil rights or it be in housing
or any other areas, I am strongly committed to inclusion. So
when I see technology coming along and yet it may be fine for
center city, but it may not work in the rural areas, and even
if it does work in center cities it may not get into the depths
of the areas where minority and the others are living, it seems
to me we have a duty to look at those areas and to try and do
something about it.
Now, this is, I think, where the public and the private
sector can really shine in terms of their work effort. So,
given the resources of the Department and the technology that
is available there, and with the private sector, it seems to me
that we can do something about making sure that communities are
not left behind.
I remember, and you probably saw, that news article when
the President was dealing with trying to expand the whole issue
of Internet capability. He was in Shiprock, New Mexico, I
believe, the community, and he was honoring a young lady, a
girl in grade school who had won a computer in a contest, but
she had no telephone service at home, so she had no way to
connect up to the Internet. That is one example.
But it seems to me that you would be in a position to cite
the kind of leaving behind that there might be, and I want to
work with you and the others to make sure that we have
inclusion, because that is really what I am all about.
Senator Rockefeller. I believe and accept that, Mr. Mineta.
I just, I cannot stress how important this is and how scary it
is to me. It is a little bit like Internet access, having a
computer in your home as opposed to just at the schools when
that happened in every classroom. It is almost like something
is being built into your DNA, that you are predestined by the
currents of the economy to make it or not and there comes to be
very little that you can do about it, because this is not
something that an individual can--I mean, sure, somebody from
southern West Virginia can decide, well, I am going to go to
Carnegie Mellon University and become a real computer science
pro. Cisco has Cisco Academies all over the country, all over
the world, trying to do their best.
But all of these efforts when added up fall tremendously
short. So I really understand it when people talk about the
digital divide as being the next civil rights movement, with
all of the passions and the dangers and in many ways, since
much of the civil rights movement was nonviolent based upon
that philosophy, this will not necessarily be that way, because
we are not just talking about America here. We are talking
about the African subcontinent that the chairman was speaking
about, others across the world who do not have this.
If they are denied technology and they feel that it is
built into their DNA, so to speak, that there is no way out for
them and therefore they are condemned to low wages and a life
of poverty--and I think this will happen unless intervention is
made on a massive scale--that they will resort to using the
very technology that they do not have against those who do have
it.
I think this is the whole question of international
terrorism in a new form, where people are simply angry because
they have been systemically and predictably left out and can
see that from a very early age.
Now, terrorism is not what I am here to talk about. The
digital divide is. I will pass and simply submit my question on
spectrum management to you in the interest of time. But there
is simply no way for me to talk strongly enough about what I
think the digital divide is in the process of doing to this
country. I can see it in my own State. I see it in the State of
New Mexico that you referred to a few moments ago, and many
other rural areas.
I see it in broadband where Bell Atlantic, which is our
phone company, has broadband plans, but they have it for 5 of
our 55 counties and they are all contiguous and they are where
all the people are and where all the people of wealth are. But
the counties like Calhoun County, where you have 26 to 30
percent unemployment, rural areas, which in a State which is 96
percent mountainous is obviously preordained, too, they have no
part. They have no future.
They are not quite aware of that yet, but I am and you are,
and it is unfair. The public and the private sector can make a
difference and has to in my judgment.
I thank you, Mr. Mineta, and I look forward to supporting
you.
The Chairman. We intend to move your nomination as quickly
as possible. We will make every effort to do it before the
recess, and I know that the other members of the Committee will
join in that.
So I will not make that my closing comment because I see
our friend Senator Ashcroft here.

STATEMENT OF HON. JOHN ASHCROFT,
U.S. SENATOR FROM MISSOURI

Senator Ashcroft. Thank you, Mr. Chairman.
Mr. Mineta, I want to thank you for appearing before the
Committee today, and I have appreciated your remarks and
appreciated your responses and I am grateful to you. I want to
commend you and thank you for your service to this country in
the U.S. House of Representatives, but I do not want to be
unmindful of your commendable service to the country in the
private sector.
Too often we think that public service only extends to
those of us who take the check from the public, and many of you
in the private sector have made the prosperity possible which
has made it so pleasant to be in America in recent--well,
forever, because our system has provided an opportunity base
for individuals to achieve in accordance with the talent God
has given them.
I want to talk to you a little bit about some trade issues.
In particular, I have been hearing a lot back in my home State
about the issue of trade enforcement. My goal for U.S. trade
relationships--and in particular we have been focused on China
recently--is to ensure that Missouri workers and farmers and
ranchers and businesses will indeed benefit from trade
agreements we reach.
That has been my goal around the globe. That is not just
focused on China. But of course, our recent discussions on
China have highlighted the way in which that would play out as
it relates to the Nation of China. I have talked with a lot of
Missourians about China's bid to join the WTO and, frankly,
they are in many respects pleased with the administration's
negotiation of the November 1999 bilateral agreement on
everything from manufactured parts, automobiles, agriculture.
Missourians want to embrace the opportunities that the
agreement could afford.
But I would like to go over a couple of issues with you as
a result of my concern about China's record in living up to
agreements in the past. Back in April, Secretary Daley
testified before this Committee and I raised my concerns about
trade enforcement and rather thoroughly discussed them with
him. The Secretary told me in response to those concerns he had
set up in the Department of Commerce a ``China Compliance and
Enforcement Initiative.''
Would you mind commenting on the development of this
initiative in relation to the concerns that I have raised and
just give me a very brief thumbnail of how you would see that
continuing in your administration?
Mr. Mineta. Senator, I do intend to continue what Secretary
Daley has laid out in terms of that China compliance effort. It
includes also putting, as I recall, a person in China in terms
of having someone on site.
Again, because of the nature of the district that I
represented, high tech Silicon Valley, I recall in 1995 taking
a trip with Chairman Hyde as it related to intellectual
property rights, and one of the big problems really involving
intellectual property rights, and I think it extends also to
manufactured goods, is the area of compliance and enforcement.
So, seeing what is happening in Japan, Korea, China, at
least as a result of that trip, and knowing what the Department
is doing, I fully intend to make sure that that unit is an
effective unit and that it deals with the area of compliance
and enforcement relating to our trade agreements.
Senator Ashcroft. Well, Secretary Daley had communicated to
me in a document that was a fact sheet that outlined the
staffing and other things. Would it be your view that you would
likely follow that guideline?
Mr. Mineta. Yes, sir.
Senator Ashcroft. Thank you.
The second issue I want to address is a little broader than
China and, frankly, I have a China trade enforcement bill
called the Show-Me Act. But the principles in the bill apply to
all countries that are members of the WTO. I will be looking
for ways to raise the issues in my bill in the context of the
PNTR debate, but if I can get a commitment from the
administration that you would pursue these principles of
enforcement in a broader context in the WTO then I think that
would be more appropriate than simply focusing on China.
The point is this. It is my belief that the U.S. has lost a
measure of its leverage or its enforcement capacity in the WTO
to get actual implementation of cases that we have won in the
WTO, that we frequently will litigate an offense against the
United States or its businesses in the context of the dispute
resolution mechanisms provided for in WTO, we get the decision,
but the enforcement measures provided for as a result of the
decision do not really get us compliance.
So that the decisionmaking process ends up in sort of
authorizing continued noncompliance upon the payment of a
certain fee, which is the fine or the penalty. So that in my
judgment in many respects the WTO has become a way to license
noncompliance by paying a fee, rather than to enforce
compliance.
I think one of the problems that exists here is that the
standards for leverage or retaliation or response to
noncompliance once determined in the setting of dispute
resolution, the standards have changed. I can provide copies of
these standards, but I am sure you have them already. In 1947
the standard was that you had response or leverage or
retaliation ``appropriate in the circumstances to achieve the
objective,'' the objective being the purpose of the free trade
or access to the market or to make sure that the agreement was
enforced. Under the GATT 1947, article 23, paragraph 2, it
authorizes ``suspension of such concessions or other
obligations under this agreement as they are determined to be
appropriate in the circumstances,'' and GATT case law says this
standard must be liberal enough ``to achieve the objective.''
Now, in 1994 under the WTO the standard for enforcement was
changed and it was a standard that was equivalent to the level
of nullification or impairment. The dispute settlement
understanding, article 22.4, says that the suspension level
must be ``equivalent'' to the level of nullification or
impairment.
Now, in the U.S.-EU banana case, for example, the
equivalency test is strictly interpreted. This 1994 change has
affected our rights--in Europe, $120 million over 10 years to
try to enforce the beef case we have been trying to enforce,
and we still do not have access to the European market for
American beef. The banana retaliation was whittled down by the
WTO from a $520 million U.S. request down to a $191 million
situation.
It seems to me that we need to have robust enforcement for
these trade agreements or else the trade agreements do not
really achieve their intended purpose. I noted that in the Far
East in the not too far distant past we were able to get
compliance by China in terms of our intellectual property
demands by having robust threats for enforcement, and you are
very familiar with their piracy, prevalent piracy at one time,
of the intellectual property of the folks from your home
district.
But we threatened $4.6 billion of retaliation over the last
5 years to enforce those property rights and, frankly, that has
worked. But those are sort of 301 leverage threats, which will
not be available to us under WTO. As we move from non-WTO
status to WTO status, we give up some of our other capacity to
determine the levels of our own retaliation.
So without belaboring the question, I would like to invite
your ideas about whether you think it might be possible for or
whether you think it would be wise to pursue a way for these
trade agreements to be enforced, trade agreements to be
enforced in ways that are sufficient to get us to a place of
compliance with the agreement, rather than being enforced at a
level which provides basically a license that can be purchased
with a fine that is a basis for noncompliance.
Mr. Mineta. Well, given the standard and the alternative
dispute resolution mechanisms that are in WTO, again speaking
to your point of enforcement, I am not that familiar with what
all the tools that we have in our kit bag to be able to do
that. But I would work with you as well as others who are
interested in this subject matter to really hone my own ideas
in a more positive way, because I am not really familiar with
all of the alternative resolution ways to resolve these
differences. But let me look at that and work with you, because
to me compliance and enforcement are very, very important.
Senator Ashcroft. I thank you for that assurance. What I
was really saying was this, that under the non-WTO framework we
have been successful in eliciting compliance when we had the
robust leverage potential of 301.
Mr. Mineta. We do not have that any longer.
Senator Ashcroft. And if we give that up going into the
WTO, which has proved to be, at least as it relates to our
access to European markets for beef, our access to European
markets for fresh fruit, that in each of those cases it has
been notably deficient. I want to, really want to have the
assurance that the administration cares about the deficiency,
recognizes it, and would be eager to work toward improving our
ability not just to have some enforcement, which results more
in just the perpetuation of the noncompliance, but to have a
kind of enforcement that will get us to the place where the
agreements we negotiated will be the terms and conditions under
which we live.
Mr. Mineta. I can give you that assurance, Senator.
Senator Ashcroft. Mr. Chairman, I thank you for giving me
the opportunity.
The Chairman. Thank you, Senator Ashcroft. Senator Cleland.

STATEMENT OF HON. MAX CLELAND,
U.S. SENATOR FROM GEORGIA

Senator Cleland. Thank you very much, Mr. Chairman.
It is an honor to be with such a distinguished citizen
today in our country. We appreciate your continuation in public
service and your willingness to, as Shakespeare said, take the
slings and arrows of outrageous fortune. We are glad to be with
you today.
Let me just say, being on the Commerce Committee here and
seeing the transition from just commerce to e-commerce, I know
the FTC gets involved and the FCC gets involved in e-commerce.
What do you see as the role of maybe the Commerce Department in
the near future in terms of e-commerce? Are there some rules of
the road that have applied to commerce in general, especially
interstate commerce, for the last say 100 years or so that we
might want to consider as we look at e-commerce, or is this
such a new baby that we better take hands off until we see how
things progress?
What is your reaction to this whole dramatic growth of e-
commerce?
Mr. Mineta. Well, I think that, Senator Cleland, that the
whole issue of e-commerce is really business as we have always
seen it, but now being done in terms of a different vehicle, I
guess you might call it. In the past, I suppose there was a
threat to the local merchant when the U.S. Postal System
started having parcel post delivery, and whether or not that
merchant felt threatened by their home town citizen writing to
someplace else to get a package.
Well, essentially the means today are different. It is
electronic. So because of that, because of the speed and the
volume that is obviously going to be there, whether it be
business to individuals or business to business or business to
government or government to government, what we have to make
sure, I think, is accessibility. We also have to make sure that
there is recourse or some redress to people who feel
shortchanged in terms of the product they bought, what they
were anticipating buying and the product they in fact received.
There has to be some redress there to make sure that those
customers are going to have some way to resolve that problem.
This is an area I think in which the marketplace is able
and has functioned in a good way, a positive way. But I think
what happens is that government can provide the backstop so
that we become the safety net where the businesses are not
responding to resolve those conflicts. I think in those
instances we have seen, whether it be the National Governors
Association or others trying to, or a Federal commission, a
Congressionally mandated commission, taking a look at e-
commerce in its broadest perspective to see what it is that has
to be done, whether the controversy be sales tax or whatever it
is, and be able to let the marketplace, I think, to a very
great degree determine where we are, and that we serve as a
backstop in being the safety net for the consumers.
Senator Cleland. Do you think--well, there are two issues
that this Committee is struggling with. One is the whole issue
of privacy and the other is taxation of the Internet and e-
commerce. Ultimately, do you see that maybe government might
have some kind of backstop role, some kind of fundamental role
here in maybe guaranteeing privacy or working out some
accommodation vis a vis the Internet taxation?
Mr. Mineta. Well, first of all, on the privacy issue there
is no question, whether it be let us say credit card
information or even getting into other things, medical
information, how do we protect the privacy of a person's
medical, the prescriptions I take? Yet from a telemedicine
perspective, if I am injured in an accident--obviously the
Georgia roads are too safe. I would not have an accident in
Georgia. But wherever I might have an accident, I would want
that attending physician to be able to have my records here
from this area, my doctor.
So we want to be able to expand the utilization and yet
protect the privacy. I think that is where government does
exercise a great deal of--can exercise a great deal of effort
and control.
On the taxation issue, the administration is in opposition
to any taxation on access to the Internet for sales that are
generated through the Internet. I think that is again something
that is going to have to be resolved more by the States. The
State laws vary and until there is a meeting of the mind there
at the State level I do not believe that as a Federal
perspective we ought to jump into that area right now.
Senator Cleland. Well, thank you very much. Those are
vexing issues, challenging issues for us all. We will be
certainly looking to you for your guidance and your continued
leadership on these and other issues. I just want to thank you
again for your willingness to serve and I look forward to
working with you. You certainly have my support in your
confirmation and I am proud to see the President nominate you.
Thank you very much, Mr. Chairman.
Mr. Mineta. I appreciate that very much, Senator. Thank
you.
The Chairman. I was reading from an editorial where you
said your proudest moment was the 1988 Civil Rights Act, which
at least caused the government to apologize for what happened
to Japanese Americans in World War Two. Is that true?
Mr. Mineta. It was a very proud moment, Senator.
Especially, it was the 17th of September 1988, the two
hundredth anniversary of the--1987, rather, when we took up the
bill in the House, which was the two hundredth anniversary of
the signing of the Constitution. So to have that legislation on
the two hundredth anniversary of the signing of the
Constitution I thought was very, very important and had a great
deal of meaning to me.
The Chairman. Well, we are all very proud of you for making
it happen. We look forward--I know I speak for Senator Hollings
and I believe the entire Committee. We look forward to
attending your swearing-in ceremony if you will invite us.
Mr. Mineta. Absolutely, absolutely.
[Laughter.]
The Chairman. This hearing is adjourned.
[Whereupon, at 10:49 a.m., the Committee was adjourned.]

A P P E N D I X

Response to Written Questions Submitted by Hon. John McCain
to Norman Y. Mineta

Question 1. My question relates to the ongoing litigation regarding
Freedom of Information Act requests concerning Department of Commerce
trade missions. About one year into Secretary Daley's tenure at
Commerce, the Department reportedly held an awards program for its
employees, at which several of the employees who were responsible for
the Commerce Department's response to the Freedom of Information Act
requests were honored. The presiding judge in the related litigation
characterized himself as incredulous given that the ``. . . DOC's
document search . . . by all indications was ridden with conduct that
was grossly careless at best and in blatant violation of the law at
worst.'' Do you find this report as troubling as I do?
Answer. I have learned that it was under Secretary Daley's tenure
that the Department of Commerce acknowledged that its Freedom of
Information Act search regarding trade missions was faulty and that it
turned a second search over to the supervision of the Department's
Inspector General. I also understand that the non-monetary award to
which you refer was given in recognition of the long hours spent by
employees responding to numerous requests for information from Congress
and other sources. As I said at my hearing today, I will do everything
to fully respond to requests for any documents from your Committee and
to fulfill all FOIA obligations.

Question 2. As you are probably well aware, I believe that earmarking
federal funds is wrong because it gives special benefits to certain
groups of individuals when others may be more in need or better
qualified in the case of research or a similar project. I strongly
believe that the expenditure of federal money should be made solely on
the basis of national priorities determined in an open fashion based on
a standard set of criteria that provide no undue advantage to any one
entity or locality. Will you pledge to work to ensure that federal
funds are distributed on a merit basis and not due to earmarks? If so,
does that pledge include ``congressional priorities'' that are itemized
in committee report language? If not, please state why.
Answer. I agree with you that the expenditures of federal money
should be based on national priorities. If I am confirmed, my goal will
be to provide the best government and services possible. I will ensure
that grants and contracts are awarded using fair and open procedures.

Question 3. This session of Congress has been unusually successful in
approving trade legislation. Both the African Growth and Opportunity
Act and the CBI Parity legislation passed this year. A bill granting
Permanent Normal Trade Relations with China passed in the House, and we
look forward to approving it in the Senate soon. However, as my
colleague from South Carolina points out, the trade deficit still
remains a problem.

As Secretary of Commerce, what do you intend to do to gain greater
market share for U.S. exports in other countries?
Answer. If confirmed, I plan to continue the Department of
Commerce's vigorous efforts to increase market share for U.S. exports
by focusing on negotiating market-opening agreements around the world,
resolving existing trade disputes, enforcing compliance with current
trade agreements, advocating for U.S. projects and companies abroad,
and providing the services exporters need to sell their products
overseas. I plan to make a particular effort to take advantage of new
technologies to make it easier for U.S. businesses to export. I want to
make sure the Department of Commerce is also working to increase trade
through technology by promoting the expansion of e-commerce exports. I
will place particular emphasis on implementing the Africa/CBI
legislation and on finding new ways to promote trade and investment
between Africa and the United States. I also would hope that the Senate
will move forward as quickly as possible on granting permanent normal
trade relations for China.

Is there any legislation that you would suggest Congress approve to
help you?
Answer. I am committed to the five-point China compliance plan
announced by Secretary Daley in early May. I would hope that Congress
will approve the President's request for a $22 million trade compliance
initiative, which will greatly enhance the Administration's worldwide
compliance efforts, including with respect to China.

Question 4. Currently, the United States has free trade agreements with
Canada, Mexico, and Israel, it is in negotiations to set up free trade
agreements with Jordan and Latin and South America, and Congress has
passed legislation authorizing free trade agreement negotiations with
Africa.

Where do you foresee opportunities for embarking on future
negotiations for free trade agreements?
Answer. In general, I support free trade agreements as long as they
expand trade rather than distort trade, and as long as they provide
benefits for American industries, workers, and consumers. They must
also provide adequate safeguards against unfair trade practices. It is
also critically important to pursue multilateral trade liberalization
through the WTO. Chile has instituted enough economic reform and market
liberalization to warrant serious consideration for a free trade
agreement. I also fully support the Administration's efforts to
complete the Free Trade Area of the Americas by 2005.

Would you support beginning free trade negotiations with Asian
countries?
Answer. I firmly believe in free and fair trade and would support
free trade agreements in accordance with the principles cited above. I
understand that there has been some preliminary consideration of a free
trade agreement among the United States, Chile, New Zealand, Australia,
and Singapore. Because the economies of each of these countries is
open, I believe that a potential free trade agreement among them is
worthy of further exploration.

Question 5. The Department of Commerce plays a major role in
administering American anti-dumping laws. These laws have become very
controversial as some U.S. domestic producers complain that foreign
dumping in the new globalized economy is driving them out of business,
while American exporters allege that other countries will use U.S.
anti-dumping laws as an excuse not to open foreign markets.

Are foreign countries using U.S. anti-dumping laws as an excuse for
not lowering their trade barriers?
Do you believe that the United States would be more successful at
lowering foreign trade barriers if it agreed to discuss its anti-
dumping laws as part of World Trade Organization negotiations?
Answer. While some of our trading partners would like the United
States to weaken its dumping laws in exchange for liberalizing certain
sectors of their economies, I do not believe that this tactic would
ultimately lead to greater market access abroad. This is because
weakening our trade laws would weaken the consensus among the American
people for free trade and open markets. Without this consensus for free
trade, we will not be able to negotiate further lowering of foreign
trade barriers. The U.S. market is already much more open than those of
the overwhelming majority of our trading partners. Until the markets of
our trading partners approach the level of openness that we have, we
must maintain the strength of the dumping laws to ensure free and fair
trade.

It has been alleged that American consumers are hurt by anti-
dumping laws that help only a small percentage of domestic producers.
Has the Department of Commerce done any studies concerning these
allegations?
Answer. The Department of Commerce has not done any studies on this
topic.

Is there any validity to these claims?
Answer. I do not believe that these claims have much validity.
Antidumping duties affect less than one half of one percent of total
U.S. imports. The United States has the most open market in the world.
The overwhelming majority of our imports enter at extremely low rates
of duty. The openness of our economy is one of the reasons for the
unprecedented economic growth and prosperity that we are experiencing.
I am firmly committed to maintaining our open markets. But it must be
on fair terms. The dumping law is an essential tool to counteract the
effects of foreign closed markets, subsidies, and government
intervention in the marketplace that enable foreign firms to undercut
our firms and put American workers at a severe disadvantage.

Question 6. A major issue concerning the Department of Commerce
concerns export controls. A number of major U.S. companies, including
Lockheed Martin, have been charged with transferring sensitive U.S.
technology to China as part of their satellite launch programs.
Legislation has been introduced in Congress to prevent the spread of
U.S. technology abroad, including renewal of the Export Administration
Act and legislation to shift satellite export licenses back to the
State Department from the Department of Commerce. A June 1999
Department of Commerce Inspector General's report stated that the
``intelligence community does not review all dual-use export
applications or always conduct a comprehensive analysis of export
license applications it does review.''

As Secretary of Commerce, what will you do to ensure that the
Departments of State and Defense, and the intelligence communities
conduct comprehensive reviews of dual-use export applications?
Answer. Ensuring that our nation's security is protected in an
increasingly global economy is of paramount importance and I believe
that the current process as established in the Executive Order of
December 1995 which allows for unlimited right of review by State and
Defense is working effectively. With respect to the intelligence
community, the Executive Order provides the opportunity for its regular
input on cases of concern to them, and it permits Commerce and the
other referral agencies to seek advice as they deem necessary. If
confirmed, I can assure you of my intention to support the process put
in place by the Executive Order and to continue Bureau of Export
Administration's (BXA) efforts to work constructively with the
intelligence community.

Question 7. One major piece of legislation that was introduced to solve
recent export control problems is S. 1712, the Export Administration
Act. I had a number of problems with this legislation. One of my major
concerns involved Section 202, which directs the Secretary of Commerce
to develop a National Security Control List (NCSL) for dual-use
commodity exports. The NCSL contained those items which are controlled
for national security, and was to be determined with the
``concurrence'' of the Secretary of Defense. In addition, Section 211
allowed the Secretary of Commerce to delist any item which is
controlled by the act if he determines that such item ``[h]as a foreign
availability or mass market status,'' after consultation with the
Secretary of Defense.

As Secretary of Commerce, how would you interpret the use of the
words ``concurrence'' and ``consult?''
More specifically, would you allow the Secretary of Defense to veto
listing items on the National Security Control List or the delisting of
items based on ``foreign availability'' or ``mass market status?''
Answer. I understand that the Administration has not taken a
position on this legislation. Under current practice and regulation,
Commerce would not add or remove an item from the control list without
the approval of the other appropriate agencies, including Defense. In
addition, Commerce makes foreign availability decisions pursuant to an
interagency process that strives for consensus. If confirmed, I would
support the continuation of a process that allows for such concurrence,
and I would be happy to work with others in the Administration to
provide you comments on this legislation.

Question 8. Recent newspaper articles, such as a Monday, July 17,
report in The Washington Times, describe a Department of Commerce
``deemed export'' program which is alleged to allow 252 citizens of the
PRC to work on ``dual-use'' technology at 27 U.S. firms, including
Texas Instruments, Intel, Sun Microsystems Inc., Raytheon Co., Hughes
Electronics, and Cisco Systems. The articles include allegations that
the Department of Commerce oversight of the programs is lax, because it
is difficult to verify a Chinese technician's resume.

What steps do you plan on taking to work with the pertinent other
U.S. agencies to ensure the participants in this program are not
transferring sensitive U.S. technology back to China?
Answer. As I understand it, the Department, together with other
agencies, most notably the Departments of Defense, Energy, and State,
closely scrutinizes all ``deemed export'' applications, following
procedures defined by Executive Order. A ``deemed export'' license is
not a license to take anything out of the United States, but is instead
an authorization for foreign nationals to use advanced technologies in
commercial work in this country. The license explicitly prohibits them
from exporting that controlled information. If confirmed, I will
continue the Department's efforts to coordinate these license reviews
closely with other agencies, and I will continue BXA's visa review
program, which involves reviewing information contained in selected
visa applications from China and other countries of interest in order
to detect and prevent possible export control violations.

Do you have an end-use verification system in place to make sure
that these technicians do not go back to China to work for the Chinese
military or a firm or university affiliated with the PLA?
Answer. With respect to end-use verification, it is my
understanding that the Department has a rigorous up-front screening
process to ensure that no ``deemed export'' license is approved where
there is a risk that the Chinese national will return to China to
engage in military-related activity. The Department does conduct
follow-up on these and all approved licenses. It, together with the
Customs Service, the FBI, and the U.S. Immigration and Naturalization
Service, has police powers and active programs to ensure compliance
with export licenses, including ``deemed export'' licenses. I certainly
intend to support and encourage vigorous follow-up of deemed export
licenses--especially where the individual has not become a permanent
resident or U.S. citizen by the time the license expires--by Commerce's
enforcement unit in cooperation with other agencies with appropriate
authorities.

Question 9. In a June 1999 report and a March 2000 follow-up report,
the Department of Commerce Inspector General's office recommended that
the Bureau of Export Administration ``be more proactive in getting the
word out to high technology companies and industry associations it
feels are most likely to need deemed export licenses.'' According to
the March report, BXA argues that it does not have ``sufficient
resources'' to conduct visits to noncompliant American companies.

What do you intend to do to ensure that American companies are
following the law to protect sensitive U.S. technology?
Answer. It is my understanding that BXA takes a number of steps to
ensure compliance with the Export Administration Regulations (EAR),
including on-site visits to companies believed to be in noncompliance.
BXA did inform the Department's Inspector General that resource
constraints prevented it from conducting visits to all entities that
may be noncompliant. BXA also conducts extensive outreach to the
public, including companies and trade associations. I understand BXA
currently has 33 outreach seminars scheduled between now and September,
as well as its two annual conferences. If confirmed, I intend to
continue BXA's outreach efforts as well as the critical on-site visits
to ensure compliance with regulations to protect vital U.S. technology.

Question 10. The Commerce Department released a report on advanced
telecommunications in rural America this past April. The report
suggests that rural areas and small markets where population density is
just high enough for cable modem or DSL technology to work will
eventually receive access.

How long do you feel we can wait for ``eventually'' to arrive in
seeking to close the digital divide?
Answer. Commerce's report, entitled Advanced Telecommunications in
Rural America, found that cable modem and DSL technologies are deployed
in large metropolitan areas and, increasingly, in mid-sized and smaller
cities and towns. Remote rural areas, however, are unlikely to be
served by either of these technologies because of the high cost and
various technical limitations. I do not believe that we can let these
remote rural regions remain on the wrong side of the broadband divide.
If confirmed, I plan to work with the Congress and the Federal
Communications Commission (FCC) to ensure that residents in rural areas
have access to advanced services.

Question 11. This same report recommended revisions to the universal
service program to ensure that advanced services are deployed to rural
America. Do you believe that in order to ensure that all Americans have
access to broadband technology we must subsidize broadband deployment,
or do you believe a competitive market-based approach can accomplish
this task?
Answer. I believe that competition will bring advanced services to
most Americans. In order to ensure that all Americans have access to
broadband services, however, the Telecommunications Act of 1996
recognizes that the FCC may have to adjust its policies. Specifically,
the Act requires that the FCC base policies of universal service on the
principle that consumers in rural areas should have access to advanced
services that are reasonably comparable to services in urban areas, and
that there should be specific, predictable and sufficient support
mechanisms to advance universal service. If confirmed, I look forward
to working with Congress and the FCC to develop policies to accomplish
these goals.

Question 12. Several bills have been introduced in this Congress that
seek to facilitate broadband deployment nationwide by leveling the
regulatory playing field between cable companies and regional Bell
operating companies. Specifically, these bills would deregulate Bell
data services to more closely resemble the largely unregulated
environment in which cable modem deployment is taking place. Do you
believe regulatory parity and the anticipated increased competition for
broadband subscribers will facilitate broadband deployment to rural
areas?
Answer. Competition is the best way to stimulate broadband
deployment. Congress determined in 1996 that the best way to foster
competition would be to require the Bell operating companies to open
their local monopolies to competitive entry before regulatory
limitations are removed. Based on the Act's requirements, a new group
of firms is now marketing broadband services to residential and
business customers across the country, and cable firms have entered the
market. This new competition has spurred local companies to begin
offering their own broadband services and they have become vigorous
competitors. Broadband deployment is accelerating across the country.
However, as the Department's report, Advanced Telecommunications in
Rural America, has shown, broadband deployment in rural areas lags
behind that in urban areas. The Administration is committed to ensuring
that all Americans have access to advanced services and has proposed a
series of initiatives to foster that goal. I will do all I can to make
sure that no one is denied access to advanced services because of where
they live.

Question 13. As new wireless telecommunications services become
available and spectrum becomes more scarce, increasing pressure is
placed on the federal government to share or turn over more of the
spectrum it uses to the private sector for commercial use. What do you
see as the proper role of the NTIA, the manager of federal spectrum, as
commercial demands increase?
Answer. NTIA serves as the radio frequency spectrum manager for
Federal agencies to satisfy their critical missions such as national
defense, law enforcement, emergency management, air traffic control and
other public safety services. NTIA's role includes ensuring that there
is sufficient spectrum available for the Federal agencies to operate
their radio communications in the most efficient and cost-effective
manner for the U.S. taxpayers. I believe that NTIA's job is to work
with the Federal agencies and the FCC to constantly study and re-
evaluate the use of the radio spectrum by the government and the
private sector to make sure that this public resource is managed in a
way that meets both critical governmental needs and the burgeoning
commercial marketplace.

Question 14. Currently, NTIA's Public Telecommunications Facilities
Program is being used to assist public broadcasters' transition to
digital television, a project that can only be achieved with a $1
billion price tag according to the Administration and public
broadcasters. Last week at our CPB nomination hearing, Senator
Rockefeller indicated that viewership was in the low single digits.
Given the explosion in new sources of data and content available to the
public through the Internet and multichannel video marketplace, and the
public's apparent lack of interest in the programming offered through
public broadcasting, do you believe the tax payers should be asked to
give public broadcasters $1 billion for DTV?
Answer. I strongly support public broadcasting as the means through
which millions of Americans receive free, over-the-air, high quality
broadcast programming, including educational and children's
programming. I feel that it is very important that, as the broadcasting
community makes its transition to digital technology, public
broadcasters and their viewing and listening public are not left
behind.

Question 15. How can the Department of Commerce address the technology
transfer functions performed by the National Technical Information
Service if the Department's position is to terminate it?
Answer. The Department's position on the National Technical
Information Service (NTIS) is that the private sector can perform many
of NTIS's functions more efficiently. The Government Accounting Office,
in a recent report, supports the Department's position that, as
currently structured, NTIS is not viable. The Department believes that
the core functions, such as maintaining scientific and technical
materials, should be transferred to the Library of Congress. For new
information, the Department proposes that government agencies be
required to keep the information on their web sites for three years and
send a copy of the information to the Library of Congress for archival
purposes. In these ways, the technology transfer functions will be
maintained.

Question 16. With the focus of the government's research and
development investment focusing more on economic development, how would
you promote the commercialization of these research and development
results within the government and the industry?
Answer. If confirmed as Secretary of Commerce, I plan on working
with private industry and our laboratories to encourage federal-private
partnerships. It is important to have agencies regularly review their
technical advances and to find ways to help businesses become aware of
the capabilities of federal laboratories. If confirmed, I also plan to
seek ways to increase the cooperation among the various bureaus focused
on innovation and economic development.

Question 17. Congress recently created the Office of Space
Commercialization within the Department of Commerce. What are your
plans to highlight the importance of space-based assets as part of the
national economic infrastructure?
Answer. In the recent past, the Office has continued to focus on
its role as the principal coordinating unit within the Commerce
Department for space-related policy matters. It has been deeply
involved in ongoing interagency and international policy deliberations
concerning the future of satellite remote sensing, satellite
navigation, space transportation infrastructure, and trade in
commercial launch services. In addition to these policy activities, one
of the primary missions of the Office is the collection and
dissemination of information on the space market. This important
activity highlights the significance of the commercial space market in
our economy, and encourages investment in this sector. If confirmed, I
will support the objectives of this program. I point out that, as
indicated in my answers to the Commerce Committee Confirmation
Questionnaire, I will confer with counsel to ensure that there is no
conflict of interest before engaging in any decisions affecting space
commercialization.

Question 18. The Advanced Technology Program continues to garner a
tremendous amount of support and criticism from Capitol Hill. Many,
including myself, believe that the program does not consistently award
high-risk research and development proposals that the private sector is
unwilling to undertake.

Considering our unprecedented national economic prosperity, do you
believe that the Advanced Technology Program has outlived its original
utility?
Furthermore, should the program be restructured to better meet the
needs of individual states who are eager, yet unable to sufficiently
fund high-risk research and development projects?
Answer. The ATP has not outlived its original utility. The ATP
fills a critical technology gap between research and product
development that is vital to U.S. economic growth. Industry surveys
show that international competition and short technology and product
life cycles have pushed U.S. firms to invest their R&D dollars on
shorter-term, lower-risk technologies. Individual firms acting in their
own immediate interests tend not to invest in enabling technologies
from which many firms and consumers may benefit. This dynamic is
equally true in periods of high economic growth as well as during
periods of low economic growth. And finally, I would be very concerned
if there are deserving applicants anywhere who are not being funded and
look forward to working with you, if confirmed, to address any such
problems that may be identified.

Question 19. Someone has contacted the Committee to allege that you
used your influence as a former Congressman to win contracts for
Lockheed-Martin during your time as a Vice President for that firm. For
example, it was alleged that you met with Federal Aviation
Administration Administrator Jane Garvey for several hours concerning
the NISC II contract just days before the contract was scheduled for
selection in order to secure the contract for Lockheed-Martin, in
violation of the Procurement Integrity Act and other federal statutes.
I cannot judge the veracity of these allegations. Could you please
respond to the allegations that your actions were unlawful,
specifically those in connection with your role in Lockheed Martin's
proposal for the FAA's NISC II contract?
Answer. I have never attempted to influence any decision of the FAA
Administrator regarding any Lockheed Martin proposal or contract.

______

Response to Written Question Submitted by Hon. John D. Rockefeller IV
to Norman Y. Mineta

Question. We are in the middle of a spectrum crunch. New technologies
are demanding more and more spectrum. Critical current users like the
FAA and the Department of Defense feel their spectrum is at risk.
International spectrum coordination is becoming harder and harder. We
have to make sure that we manage the spectrum more efficiently so we do
not choke off new technologies or threaten aviation or satellite
communications. The Commerce Department should take the lead in the
effort to create a strategic spectrum plan. What will you do to meet
this need?
Answer. As I said in my response to Senator McCain's question
regarding spectrum management, I believe that we should work with other
Federal agencies and the FCC to constantly study and re-evaluate the
use of the radio spectrum by the government and private sector to make
sure that this public resource is managed in a way that meets both
critical government needs and the burgeoning commercial marketplace. I
would work through the National Telecommunications Information Agency
(NTIA) to accomplish this objective, if I am confirmed.

______

Response to Written Question Submitted by Hon. John Ashcroft
to Norman Y. Mineta

Question. As we discussed in both my office, and in your confirmation
hearing, I am extremely concerned that the permissible level of
retaliation under the WTO is insufficient to guarantee the United
States that other nations will comply with their international
obligations. In your positions, will you work, and urge the
Administration to work, toward gaining flexibility for the United
States on its level of retaliation after it wins a WTO case?
Answer. As we have recently discussed, I share your concerns about
enforcement of dispute resolution cases under the WTO and the available
means of retaliation. If confirmed, I will make one of my top
priorities enforcement of our trade laws and compliance with our trade
agreements, particularly the WTO. Our goal must be to ensure that panel
decisions are faithfully implemented. Let me assure you that I will
work closely with you and members of the Administration to find
effective means of retaliation when decisions are not properly
implemented.