[Senate Hearing 109-546]
[From the U.S. Government Publishing Office]
S. Hrg. 109-546
NOMINATIONS TO THE DEPARTMENT OF
TRANSPORTATION AND THE DEPARTMENT OF COMMERCE
=======================================================================
HEARING
before the
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED NINTH CONGRESS
SECOND SESSION
__________
FEBRUARY 7, 2006
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
_____
U.S. GOVERNMENT PRINTING OFFICE
28-476 PDF WASHINGTON : 2006
_________________________________________________________________
For sale by the Superintendent of Documents, U.S. Government
Printing Office Internet: bookstore.gpo.gov Phone: toll free
(866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2250 Mail:
Stop SSOP, Washington, DC 20402-0001
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED NINTH CONGRESS
SECOND SESSION
TED STEVENS, Alaska, Chairman
JOHN McCAIN, Arizona DANIEL K. INOUYE, Hawaii, Co-
CONRAD BURNS, Montana Chairman
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
KAY BAILEY HUTCHISON, Texas Virginia
OLYMPIA J. SNOWE, Maine JOHN F. KERRY, Massachusetts
GORDON H. SMITH, Oregon BYRON L. DORGAN, North Dakota
JOHN ENSIGN, Nevada BARBARA BOXER, California
GEORGE ALLEN, Virginia BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire MARIA CANTWELL, Washington
JIM DeMINT, South Carolina FRANK R. LAUTENBERG, New Jersey
DAVID VITTER, Louisiana E. BENJAMIN NELSON, Nebraska
MARK PRYOR, Arkansas
Lisa J. Sutherland, Republican Staff Director
Christine Drager Kurth, Republican Deputy Staff Director
Kenneth R. Nahigian, Republican Chief Counsel
Margaret L. Cummisky, Democratic Staff Director and Chief Counsel
Samuel E. Whitehorn, Democratic Deputy Staff Director and General
Counsel
Lila Harper Helms, Democratic Policy Director
C O N T E N T S
----------
Page
Hearing held on February 7, 2006................................. 1
Statement of Senator Allen....................................... 5
Statement of Senator Inouye...................................... 2
Prepared statement........................................... 2
Statement of Senator Lott........................................ 38
Statement of Senator Pryor....................................... 13
Statement of Senator Stevens..................................... 1
Witnesses
Barrett, Admiral Thomas J., Nominee to be Administrator, Pipeline
and Hazardous Materials Safety Administration, Department of
Transportation................................................. 15
Prepared statement........................................... 16
Biographical information..................................... 17
Bennett, Hon. Robert F., U.S. Senator from Utah.................. 3
Cresanti, Robert, Nominee to be Under Secretary of Commerce for
Technology, Department of Commerce............................. 6
Prepared statement........................................... 8
Biographical information..................................... 9
Duvall, Tyler D., Nominee to be Assistant Secretary of
Transportation for Policy, Department of Transportation........ 28
Prepared statement........................................... 29
Biographical information..................................... 30
Karr, Roger Shane, Nominee to be Assistant Secretary of
Transportation for Governmental Affairs, Department of
Transportation................................................. 32
Prepared statement........................................... 33
Biographical information..................................... 33
Murkowski, Hon. Lisa, U.S. Senator from Alaska................... 4
Nason, Nicole R., Nominee to be Administrator, National Highway
Traffic Safety Administration, Department of Transportation.... 24
Prepared statement........................................... 25
Biographical information..................................... 26
Sanborn, David C., Nominee to be Administrator, Maritime
Administration, Department of Transportation................... 20
Prepared statement........................................... 21
Biographical information..................................... 22
Appendix
Claybrook, Joan, President, Public Citizen, prepared statement... 43
Coviello, Jr., Arthur W., President and CEO, RSA Security,
letter, dated February 7, 2006 to Hon. Ted Stevens and Hon.
Daniel K. Inouye............................................... 45
Hyde, Henry J., Chairman, House Committee on International
Relations, letter, dated February 6, 2006 to Hon. Ted Stevens.. 44
Lundberg, Jr., Rolf Th., Senior Vice President, Congressional and
Public Affairs, Chamber of Commerce, letter, dated January 25,
2006 to Hon. Daniel K. Inouye.................................. 44
Response to written questions submitted by Hon. Daniel K. Inouye
to Robert Cresanti............................................. 45
Response to written questions submitted to Tyler D. Duvall by:
Hon. Daniel K. Inouye........................................ 52
Hon. John F. Kerry........................................... 64
Hon. Frank R. Lautenberg..................................... 65
Hon. Mark Pryor.............................................. 63
Response to written questions submitted to Nicole R. Nason by:
Hon. Barbara Boxer........................................... 54
Hon. Jim DeMint.............................................. 50
Hon. Daniel K. Inouye........................................ 54
Hon. Frank R. Lautenberg..................................... 55
Hon. John D. Rockefeller..................................... 57
Response to written questions submitted to David C. Sanborn by:
Hon. Maria Cantwell.......................................... 53
Hon. Daniel K. Inouye........................................ 53
NOMINATIONS TO THE DEPARTMENT OF TRANSPORTATION AND THE DEPARTMENT OF
COMMERCE
----------
TUESDAY, FEBRUARY 7, 2006
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 2:30 p.m. in room
SD-562, Dirksen Senate Office Building, Hon. Ted Stevens,
Chairman of the Committee, presiding.
OPENING STATEMENT OF HON. TED STEVENS,
U.S. SENATOR FROM ALASKA
The Chairman. Good afternoon. The Committee will hear from
five of the President's nominees for the Department of
Transportation and one nominee for the Department of Commerce.
Robert Cresanti has been nominated to be Under Secretary of
Commerce for Technology; and Senator Bennett, for whom Mr.
Cresanti formerly worked, will introduce him.
And Thomas Barrett has been nominated to be Administrator
of the Pipeline and Hazardous Materials Safety Administration
of the Department of Transportation. Admiral Barrett has had a
distinguished career in the U.S. Coast Guard, including
significant time served in our home State of Alaska. And we
thank him for his service to the country. Senator Murkowski
will introduce the admiral this afternoon.
Tyler Duvall has been nominated to be Assistant Secretary
of Transportation Policy for the Department of Transportation.
Nicole Nason has been nominated to be Administrator for the
National Highway Traffic Safety Administration within the
Department of Transportation.
David Sanborn has been nominated to be the Administrator
for the Maritime Administration within the Department of
Transportation. I understand that Senator Allen will introduce
Mr. Duvall, Ms. Nason, and Mr. Sanborn.
And, finally, Shane Karr has been nominated to be Assistant
Secretary for Governmental Affairs for the Department of
Transportation.
Each of the nominees has family in attendance today, and
it's our request that the nominees will take a moment before
they come to the table to introduce their respective family
members to the Committee.
And, before proceeding, I would note that Public Citizen's
Joan Claybrook requested to testify today concerning Ms.
Nason's nomination. We've asked Ms. Claybrook to submit her
written testimony, which we will review and consider. We have
not held hearings from outside witnesses on nominations of this
type.
The Chairman. In addition, Senator Inouye has submitted
pre-hearing questions to Ms. Nason, Mr. Duvall, and Mr. Karr,
the answers to which the Committee will also review.
I do thank Senators Murkowski and Bennett and Allen for
their support for these nominees. And I will say that we'll
have a committee markup of these nominations at a later time.
There are several members of the Committee who are out of town
for a funeral ceremony, and we will not hold that today, but it
will be sometime--we'll announce it in the future.
Senator Inouye, do you have comments?
STATEMENT OF HON. DANIEL K. INOUYE,
U.S. SENATOR FROM HAWAII
Senator Inouye. First, thank you very much, Mr. Chairman,
for setting the markup for these nominees.
I would like to commend Secretary Mineta for sending over
such a fine crew. I think you'll make a good team for him. And
I would like to welcome all of you, the nominees, and thank you
for your commitment to service for our country.
Thank you very much.
May I submit my statement?
The Chairman. Yes. The Senator's further comments will be
submitted for the record.
[The prepared statement of Senator Inouye follows:]
Prepared Statement of Hon. Daniel K. Inouye, U.S. Senator from Hawaii
I would like to welcome each of the nominees and thank them for
their commitment to Federal service.
Five of the nominees have been tapped to serve in various functions
at the Department of Transportation. I have great respect for my friend
Secretary Norman Mineta and his prerogative to build his team as he
sees fit. This is an opportunity for each of you to tell us why you
believe you are best-suited to serve in these critical roles.
With last year's passage of the Highway Bill and the adoption of
the Maritime Administration authorization, the nominees have been given
very clear directives from Congress. I know that the Administration,
and some of the nominees, did not agree with our positions in their
previous capacities. But now that those directives are the law, I want
to know what the nominees will do to ensure that these laws are
actively implemented and enforced.
Turning to the Commerce Department nominee, Mr. Cresanti, I note
that we are considering his nomination to the Technology Administration
just one week after the President made comprehensive technology policy
a key topic in his State of the Union address.
I have a great interest in this area and the issue of
competitiveness. As we look at innovative ways to remain competitive
and advance new research and development, I urge the nominee and the
Department to take advantage of existing policies and programs that
have a proven track record.
The Chairman. Senator Bennett, would you like to make your
comments concerning Robert Cresanti, please?
STATEMENT OF HON. ROBERT F. BENNETT,
U.S. SENATOR FROM UTAH
Senator Bennett. Thank you very much, Mr. Chairman.
I'm honored and delighted to introduce Robert Cresanti to
the Committee. I'll let him introduce his wife and his two
daughters.
Robert came to work for me when I was first elected. He had
no connection whatsoever with Utah, which was a little unusual
in the people that we interviewed, because we tried to get
people who had some tie to Utah. But he had a background that
fit the responsibilities that I was assuming as a member of the
Banking Committee. And he focused on those issues with great
expertise and great energy. I would point out how time passes.
He was single at the time. And so, we worked him pretty hard,
and late hours, but somehow he managed to slip in a courtship
into his activity, and now he's here with a wife and two
children.
While we were on the Banking Committee, after the
Republicans took control and--I was made chairman of the
Subcommittee on Financial Services and Technology, and we began
to hold a hearing--series of hearings on technology. Technology
was a new area for Robert. And, as a staff man, he had to bring
himself up to speed on those particular activities. I said to
him, ``I hear something about the millennium challenge, the
change of computers when we go from 1999 to 2000. Maybe we
ought to hold a hearing on that subject to see if there's
anything to it.'' He organized the hearing. Senator Dodd, as
the Ranking Member of the Subcommittee, was there, and, at the
end of the subcommittee hearing, he said to me, ``Mr. Chairman,
we need another hearing. This is scary stuff.'' And out of the
series of hearings that we held in the Banking Committee, which
Robert managed, came the creation of the Senate Special
Committee on the Year 2000 Technology Problem, with myself as
chairman and Senator Dodd as the vice chairman. And we started
looking around for a high-powered staff director to run that
committee, and it pretty soon became pretty clear we already
had one. Robert Cresanti was there and available, and he became
the staff director of that committee.
Senator Dodd said to me, ``We're in a non-win situation. If
everything goes well, they'll say there was no problem and we
wasted everybody's money; and if it doesn't go well, they'll
say it was all our fault.'' But the series of hearings that
were set up for the Year-2000 technology problem were, I think,
the Senate at its very best. They were nonpartisan, they were
in-depth. Robert reached out for the best possible talent. And
we had a series of hearings that I think contributed
significantly to the fact that the country did come through the
2000 computer time change without any difficulties.
He then did, as many of our staffers do when they've
established a reputation for themselves, he was in great demand
downtown, and he left Congressional service to go with trade
associations downtown. But he had made the transition, if you
will, from a young, inexperienced, but anxious, staff aide
focusing on financial problems to a very experienced, carefully
trained expert on technology. And he has established his
reputation in that regard in Washington.
And when he told me that he had been approached to become
an Under Secretary for Commerce, focusing on technology, I
said, ``I'm glad for the American people that you'd be willing
to do this, but are you willing to take the pay cut?'' And he
said, ``Yes. It's a pretty significant pay cut, but I want to
get back in the action.''
So, I can recommend him from more than a dozen years of
very direct personal experience, and assure the Committee that
he comes very well prepared, very well trained, and, just as
important, if not more so, anxious to return to public service
and make available to the American people the skills that he
has accumulated over the past dozen years.
I recommend him to the Committee without hesitation.
The Chairman. Thank you very much.
Senator Murkowski, do you wish to make comments concerning
Admiral Barrett?
STATEMENT OF HON. LISA MURKOWSKI,
U.S. SENATOR FROM ALASKA
Senator Murkowski. Thank you, Mr. Chairman.
I am pleased to be before the Committee this afternoon to
introduce a fellow Alaskan and a friend, Vice Admiral Thomas
Barrett, the President's nominee to serve as the Administrator
for Pipeline and Hazardous Materials Safety Administration at
the Department of Transportation.
I've had the privilege of knowing the admiral and his wife
since my service in the Alaska State Legislature. He is one of
those rare individuals that comes to us through the military--
and I shouldn't say ``rare,'' because I think we have an
opportunity up north, as you know, Mr. Chairman, to get some of
our--of the military's finest serving us up north, but when the
admiral was in Juneau serving the Coast Guard in that region, I
think it is fair to say that we knew we were served by one of
the finest--and not just from the perspective of the Coast
Guard, but an individual who became involved in the community.
His wife was a teacher, working with the children. We had an
opportunity for the social events and having a Sunday morning
brunch talking about education concerns in the State of Alaska.
This gentleman is one who not only has his focus on the job
before him, but in providing a true quality of life for people,
wherever his assignment.
The admiral graduated from Coast Guard Officer Candidate
School. He was commissioned in 1969. He deployed to Vietnam,
earned a law degree from George Washington University, a
graduate of the Army War College. He was in the--he was chief
counsel and project staff for the Outer Continental Shelf
Safety Staff, Office of Marine Safety and Environmental
Protection. He had several tours in Alaska before moving up to
the post of commanding officer of the Coast Guard Support
Center, home to nine commands on Kodiak Island, the--which, as
you know, is the largest operational Coast Guard base in the
world.
When we look at the position that Admiral Barrett has been
nominated for, when it comes to the area of safety, when it
comes to the area of leadership, I don't think that the
President could have selected a finer individual.
I'm pleased to recommend him to the Committee, and know
that he will continue to serve this country well.
Thank you.
The Chairman. Thank you very much.
Let me then call Mr. Cresanti to come forward, please.
And the Senators may stay, if you wish, but we'd be happy
to excuse you.
Senator Bennett. Thank you very much. I do have some other
pressing issues.
Senator Murkowski. Thank you, Mr. Chairman.
The Chairman. Mr. Cresanti, would you hold off for just a
minute?
Mr. Sanborn, Ms. Nason, and Mr. Duvall, before they're
called to the table----
Senator Allen.
STATEMENT OF HON. GEORGE ALLEN,
U.S. SENATOR FROM VIRGINIA
Senator Allen. Thank you, Mr. Chairman. It's good to see so
many people who are residents of Virginia here, Mr. Cresanti
and Mr. Barrett, but I'm going to specifically introduce three
nominees, who are residents of Virginia, to the Committee. The
three fellow Virginians are all being nominated for posts
within the Department of Transportation: Nicole Nason, Tyler
Duvall, and David Sanborn.
Let me, first, start with Nicole. She was born in New York.
If you could raise your hands, oh, well, here you are. I was
wondering what happened to you.
[Laughter.]
Senator Allen. Nicole was born in New York, but, wisely,
now calls Virginia home. She was raised in a safety household.
As a young girl, she watched as her father ran the traffic
division in Suffolk County, New York. She was taught, early and
often, the value of safety through the strong example set by
her father. I know she'll carry these values with her as she
prepares to assume a new position within the Department of
Transportation in the National Highway Traffic Safety
Administration.
During her time with the Department of Transportation, she
has worked tirelessly to promote a close working relationship
between the Administration and Congress. I think that will be
invaluable for the National Highway Traffic Safety
Administration, as they're slated to work with this committee,
Mr. Chairman, on a number of important issues, like reform of
vehicle fuel efficiency standards and combating impaired
driving.
Mr. Chairman, I'm also pleased to introduce a constituent
and fellow Virginian, Tyler Duvall. Tyler is nominated by the
President to serve as Assistant Secretary of Transportation for
Policy at the Department of Transportation. I know Tyler comes
from a strong family. His uncle was captain of the University
of Virginia basketball team and was a roommate of mine for a
few years when we were in law school together. His stepmother,
Donna, is a longtime friend. In the days that we were doing
typing, she typed up my term papers and so forth.
[Laughter.]
Senator Allen. But I know that Tyler, in his own right, is
a product of outstanding Virginia schools, Washington and Lee
University and the University of Virginia School of Law. Tyler
has extensive experience advising the Secretary of
Transportation on a broad range of transportation policy and
legal issues related to surface and maritime transportation. I
am confident, Mr. Chairman and Senator Inouye, that Tyler will
be a top-quality Assistant Secretary for Transportation Policy.
Finally, I would like to introduce another fine Virginian,
David Sanborn of Smithfield, Virginia, who the President
nominated to serve as Administrator of the Maritime
Administration. He is a graduate of the Merchant Marine
Academy. David has impressive credentials and a wealth of
experience, both domestically and internationally, but, most
importantly, has a sincere desire and vision to promote our
Nation's ports and shipping industry. If you look through his
record--most recently, director of ship operations for Dubai
Ports International, or DP World, he was responsible for port
infrastructure, expansion, and efficiency while developing new
lines of business. He has worked for CMA-CGM America, which is
a company based out of Norfolk, Virginia, where he controlled
cargo logistics and demonstrated his ability to seamlessly
coordinate shipping with rail and truck operations. This is a
multimillion-dollar budget that he has to oversee there, staff
of hundreds, redesigning organizations. All of these are
matters that he is familiar with. And David Sanborn will
undoubtedly ensure his success as Administrator.
I look forward to this committee working with him and all
three of these nominees for swift confirmation so they can get
to work with full portfolio for the American people.
I thank you, Mr. Chairman. And they'll introduce all their
family members when they testify.
Thank you.
The Chairman. Thank you very much, Senator.
Well, then we will proceed with Mr. Cresanti, the nominee
to be Under Secretary of Commerce for Technology.
Will you please introduce your family members, Mr.
Cresanti? If you'd come forward so we can hear a little bit, it
would be nice.
STATEMENT OF ROBERT CRESANTI, NOMINEE TO BE UNDER SECRETARY OF
COMMERCE FOR TECHNOLOGY,
DEPARTMENT OF COMMERCE
Mr. Cresanti. Thank you, Mr. Chairman, Mr. Co-Chairman, and
Members of the Committee. Today joining me, behind me, are my
wife, Colleen, and my daughter Kristin, in my wife's lap, my
daughter Katja, and my parents, Sam and Christa Cresanti, who
are seated immediately behind.
The Chairman. Well, thank you very much. And we welcome the
family members. So, if you'll just stay there, Mr. Cresanti,
we're going to try to proceed as rapidly as possible. You're
the only one for Commerce, so we're----
Mr. Cresanti. Yes.
The Chairman.--going to take care of you first. All right?
Mr. Cresanti. Wonderful. Thank you, sir.
The Chairman. Do you have a statement you wish to make?
Mr. Cresanti. I do.
Chairman Stevens, Co-Chairman Inouye, and Members of the
Committee, thank you very much for the opportunity to appear
before you here today regarding my nomination for the position
of Under Secretary of Commerce for Technology. I am honored to
have been nominated by the President, and I wish to thank him,
Commerce Secretary Gutierrez, Deputy Secretary Sampson, for
their support.
I would also like to recognize my wife, whom you've just
met, and my family. In my family, members of the Committee,
public service has always been a high calling. My father served
as a member of the United States Air Force, and later as a
longtime dedicated civil servant in the Department of Defense.
He instilled in me the importance of serving our country, and
I'm, subject to your vote and to being confirmed by the
Committee and the Senate, am excited to get an opportunity to
join the Department of Commerce.
My focus on technology issues matured here in the Senate
when I worked with many of the members of the Committee and
your staff on the Y2K problem. From my experience, I have
learned that government can, and often must, play an
influential role in setting the stage for the development of
new technologies, as well as the use of existing technologies,
to address the challenges that confront our Nation. As
President Bush has acknowledged in his State of the Union
Address, America's economic strength and global leadership
depend on sustained technological progress.
Advances in technology continue to fundamentally change
virtually every aspect of our lives, including advances in the
environment, public safety, national defense, education,
healthcare, communication, transportation, financial services,
and entertainment, among many. These innovations have also
enhanced our economic growth, resulting in higher rates of
investment, high-wage job growth, and the increase in
productivity.
The United States is second to none in the creation, and in
the use, of technology. Our technological leadership is the
result of lasting public and private investments in research
and development. Sowing the seeds for innovation and unleashing
the private sector, and, thereby, keeping the United States
competitive in the world marketplace, is the central job of the
Technology Administration.
If confirmed, I would outline and help to effectuate the
strategy to continue TA's work in paving the way for
appropriate government support of industries' rapid advances in
technology and technological development. I would also help
foster an environment conducive to private-sector investment
and innovation.
The TA has a key role in helping to ensure a high rate of
return on the investment for the billions of dollars invested
by the Federal Government, taxpayer money, and in R&D. In this
environment of constrained resources and competing priorities,
there is a premium placed on leveraging programs and funding to
maximize their impact on the leadership and growth of the
American economy. If confirmed, I will use my experience in the
technology industry to guide me in finding efficient ways to
promote the mechanisms and to capture the data necessary to
ensure and to measure our return on investment.
The proposition is simple: innovation and competitiveness
are the principal drivers for our future economic success. If
confirmed by the Committee and the Senate, I will work to
ensure that America remains the best place in the world for
technology companies to do business, to innovate, to prosper,
and to invest. I will energize the voice of the technology
industry from the perspective of the Department of Commerce
within the Administration. TA would serve as a one-stop shop
for U.S. industry representatives to discuss and resolve
critical issues that challenge their ability to thrive within
the Administration. I know you've done a significant number of
hearings, Mr. Chairman and Mr. Co-Chairman, on The National
Academies' report.
I have had the opportunity to meet with several of the
Members of the Committee and with your staff since my
nomination, and I deeply respect the process and will continue
to seek opportunities to work closely with the Committee and
its staff to plot a course for meeting the challenges to
America's technological leadership.
Again, I want to thank you for your consideration of my
nomination and for giving me an opportunity to appear before
you today. I would be happy to answer any of your questions.
[The prepared statement and biographical information of Mr.
Cresanti follow:]
Prepared Statement of Robert Cresanti, Nominee to be Under Secretary of
Commerce for Technology, Department of Commerce
Chairman Stevens, Co-Chairman Inouye, and Members of the Committee,
thank you for the opportunity to appear before you today regarding my
nomination for the position of Under Secretary of Commerce for
Technology, at the Department of Commerce's Technology Administration
(TA). I am honored to have been nominated by President Bush and I wish
to thank him, Commerce Secretary Gutierrez, and Deputy Secretary
Sampson for their support.
I would also like to recognize my wife, Colleen; my daughters,
Katja and Kristin, of whom I am very proud; along with my parents, Sam
and Christa Cresanti, who are seated behind me this afternoon. Without
their love and support, I would not be here before you today.
In my family, public service has always been a high calling. My
father served as a member of the United States Air Force and later as a
longtime, dedicated civil servant for the Department of Defense. He
instilled in me the importance of serving our country. As my role
model, he is the foundation of my deep commitment to and belief in
public service. I spent nine years as a Congressional staffer and the
last five years as an advocate for technology industry organizations.
My focus on technology issues matured right here in the Senate,
when I worked with many Members of this Committee and their staff to
address the Year 2000 Technology Problem. From that experience, I
learned that government can, and often must, play an influential role
in setting the stage for the development of new technologies as well as
the use of existing technologies to address the challenges that
confront our Nation. In a global economy where borders continue to
blur, it is essential for the government to have an appreciation for
and understanding of the important role that new innovations, along
with traditional hardware and software, play in ensuring our Nation's
technological leadership.
As President Bush acknowledged in his State of the Union Address,
America's economic strength and global leadership depend on sustained
technological progress. Advances in technology continue to
fundamentally change virtually every aspect of our daily lives,
including advances in public safety, national defense, education,
health care, communication, transportation, financial services, and
entertainment--just to name a few. These innovations have also enhanced
our economic growth, resulting in higher rates of investment, high-wage
job growth, and increases in productivity.
The United States is second to none in the creation and use of
technology. Our technological leadership is the result of lasting
public and private investments in research and development. Sowing the
seeds of innovation, unleashing the private sector and thereby keeping
the United States competitive in the world marketplace is the central
job of a Technology Administration. From information technology to
biotechnology, to technology on the nanoscale, and all of the fields in
between, new technologies and applications are being developed at a
fast and furious pace. With further investment, they will lead to the
introduction of commercial innovations in the form of new products and
processes. If confirmed, I would outline and help effectuate the
strategy to continue TA's work in paving the way for appropriate
government support of industry's rapid advances in technological
development. I would also help foster an environment conducive to
private sector investment in innovation, which will boost our country's
economic performance.
For the billions of taxpayer dollars invested in research and
development, TA has a key role in helping to ensure a high rate of
return on investment. In this environment of constrained resources and
competing priorities, there is a premium placed on leveraging programs
and funding to maximize their impact on the leadership and growth of
the American economy. If confirmed, I will use my results-oriented
experience in the technology industry to guide me in finding efficient
ways to promote the mechanisms and capture the data necessary to ensure
and measure our return on investment.
The proposition is simple: innovation and competitiveness are the
principal drivers for our future economic success. Innovation springs
up in all sorts of places, from the backyard garage to government labs.
It is essential for TA to play a strong role in nurturing
entrepreneurial startups and promoting innovative activity in high-tech
businesses to sustain and build on our competitive capabilities in the
global marketplace.
If confirmed by this Committee and the Senate, I will work to
ensure that America remains the best place in the world for technology
companies to do business, to innovate, to prosper and to invest. I will
energize the voice of the technology industry from the perspective of
the Department of Commerce within the Administration. TA would serve as
a one-stop-shop for U.S. industry representatives to discuss and
resolve critical issues that challenge their ability to thrive, many of
which you have already discussed in your hearings about the latest
National Academies report titled, ``Rising Above the Gathering Storm.''
The President has rightly stated ``the role of the government is
not to create wealth; the role of our government is to create an
environment in which the entrepreneur can flourish, in which minds can
expand, [and] in which technologies can reach new frontiers.'' If
confirmed, I pledge my support for that proposition.
I have had the opportunity to meet several Members of the Committee
and your staff since my nomination. I deeply respect this process and
will continue to seek opportunities to work closely with the Committee
to plot a course to meeting any challenges to America's technological
leadership.
Again, I want to thank you for your consideration of my nomination,
and for giving me the opportunity to appear before you today. I will be
happy to answer any questions you may have.
______
a. biographical information
1. Name: Robert Charles Cresanti.
2. Position to which nominated: Under Secretary for the Technology
Administration, Department of Commerce.
3. Date of Nomination: November 10, 2005.
4. Address: Residence: Information not released to the public.
Office: BSA, 1150 18th Street, Suite 700, Washington DC.
5. Date and Place of Birth: December 6, 1964, Wiesbaden, West
Germany.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Spouse: Colleen Patricia Cresanti, Loan Processor, the Kirney
Group.
Children (daughters): Katja Maria Cresanti, age 7; Kristin
Marie Cresanti, age 3.
7. List all college and graduate degrees. Provide year and school
attended.
General HH Arnold High School, Graduate, Wiesbaden, Germany,
1979-1983.
Austin College, Sherman Texas, BA, 1983-1987.
Baylor School of Law, Waco Texas, JD, 1988-1991.
8. List all management-level jobs held and any non-managerial jobs
that relate to the position for which you are nominated
Vice President of Public Policy, Business Software Alliance, 2001-
Present; Senior Vice President and General Counsel, Information
Technology Association of America, 2000-2001; Staff Director, Senate
Special Committee on the Year 2000 Technology Problem, 1998-2000; Staff
Director, Subcommittee on Financial Services and Technology, Senate
Banking Committee, 1997-1998; Counsel (1995-1997), Legislative
Assistant (1993-1995), Senator Robert F. Bennett; Legislative
Assistant--Banking, Securities and Tax, 1992, Congressman Paul Gillmor;
Staff Assistant (analyst) Banking, International Finance, 1991-1992,
Joint Economic Committee, Congressman Armey and Senator Roth; Manager
of Special Projects, National Association of Realtors, Realtor Computer
Services, 1987-1988. All jobs were located in Washington, D.C..
9. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last five years.
Other than my government experience outlined in the question above,
I have served as a U.S. delegate to the World Bank meetings on two
occasions and as a delegate to a meeting of the European Bank of
Reconstruction and Development meeting.
10. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational or other institution within the last five years.
In addition to my work history provided above, during my tenure as
General Counsel with ITAA, I served as an officer of the corporation as
Secretary of the Board of Directors.
11. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent, or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
Memberships: Texas Bar Association, 1991-present; D.C. Bar, 1992-
present; Our Lady of Lourdes Parish, 1996-present; Ex-SOBs (social
organization of former SOB, Senate Office Building Staffers), 2002-
present. I have held no positions other than as a member with the other
organizations listed.
12. Have you ever been a candidate for public office? No.
13. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years.
10/21/2004, $1,000, Senator Mike Crapo; 5/14/2003, $1,000,
Congressman Lamar Smith; 7/16/2003, $500, Senator George Allen; 10/11/
2004, $250, Congressman Richard Burr; 2/4/2002, $500, Senator Arlen
Specter; and 4/13/2004, $500, Congressman Butch Otter.
14. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Hatton W. Sumners Scholarship (merit based) for College. National
Honor Society Member (1984-87) and President (1986-87).
15. Please list each book, article, column, or publication you have
authored, individually or with others, and any speeches that you have
given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed: None.
16. Please identify each instance in which you have testified
orally or in writing before Congress in a non-governmental capacity and
specify the subject matter of each testimony.
I have testified before Congress on two occasions. Once before the
Senate Small Business Committee on the opportunities provided to U.S.
small businesses by China's accession into the World Trade Organization
(playing by the rules and safeguarding the IP rights for small U.S.
companies) and once before the House Judiciary Committee on the impact
of Piracy to the U.S. economy.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers.
I have only the standard rights and benefits from my employment
with the Business Software Alliance. These include health insurance,
401K and annual bonus provisions. If confirmed, I will comply with all
requirements in my ethics agreement regarding my finances.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association, or other organization during your appointment? No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
All of my investments, obligations, liabilities and other
relationships were disclosed to the ethics counsel at the Department of
Commerce. The attached ethics agreement, should I be confirmed by the
Committee, will guide my actions to avoid any potential conflicts of
interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 5 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated: None.
5. Describe any activity during the past 5 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy.
At the BSA and the ITAA, I worked to influence a wide variety of
legislative and executive actions related to technology, trade and
corporate governance matters. I also worked on the staff of two House
members and two Senators as well as three Senate Committees as outlined
in the question on employment listed above.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
After consultation with the Department of Commerce Ethics Counsel,
please find attached to this questionnaire a copy of the Ethics
Agreement which I signed after working with that office. In the event
that any questions arise I will seek counsel from that office on how to
avoid any potential conflicts of interest. I intend to follow the
guidance of the Department's counsels.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject to any court, administrative agency,
professional association, disciplinary committee, or other professional
group? No.
2. Have you ever been investigated, arrested, charged, or held by a
Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain.
I have never personally been involved as a party. However, the
trade associations for which I worked were involved in various standard
civil cases. I was not directly involved in any of them, other than in
my legal capacity as the General Counsel for ITAA.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? No.
5. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
6. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? No.
d. relationship with the committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures?
Yes. If confirmed by the Senate, I will make it a priority to
ensure that the Department protects Congressional witnesses and whistle
blowers from reprisal.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matter of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
The Chairman. Well, thank you very much.
We do recall, I recall, your being with us on the problems
of the year 2000. And we appreciate your comment about the
Augustine Report. Have you had occasion to talk to many of the
people involved in that study?
Mr. Cresanti. I have not, yet, sir. I have, on--I have
spoken to folks within the Administration, but I have not--I
have not--I have heard some of the testimony you've had at the
Committee, but not to exchange with the folks that have written
the report.
The Chairman. It's my understanding that the Department of
Commerce will be at the forefront of the President's
Competitiveness Initiative, which is really based on the
Augustine Report, as I gather. Have you had any occasion to
discuss what role that will be with the White House?
Mr. Cresanti. I have not. I have read, in the press, the
reports, and I have also seen, from the--some memos that have
floated around within the technology industry, some of the
granular details that people are hoping to come from the
President's Initiative. But I have not had direct instruction
from the White House, as of this point, or communication from
them, on what role, exactly, TA will play.
The Chairman. Well, there are three significant pieces of
legislation that have already been introduced, or at least I
think they've been introduced, dealing with that report and the
initiative, so we look forward to working with you on that
matter, among others, in terms of your role at Commerce.
Senator Inouye?
Mr. Cresanti. Thank you, Mr. Chairman.
Senator Inouye. Oh, thank you very much.
Mr. Cresanti, I know that the funding for the Under
Secretary for Technology for FY 2006 is about $6 million--$5.9
million, to be exact. And I notice that the budget request for
FY 2007, next fiscal year, is $1.5 million. Why this vast
reduction?
Mr. Cresanti. Senator, I saw the numbers yesterday, as I
think you probably did, as well, that the budget has been
reduced. I've been told that the Administration is having to
make difficult decisions with where dollars are allocated, and
that it was in their best judgment that there needed to be a
reduction in the amount of funding at the headquarters office
of the policy shop at the Technology Administration. I
understand these will be difficult cuts, both on the personnel
that are there, as well as in our ability to do all of the
things that we would like to do. So, I see that budget, and I
know that it's going to be a very difficult challenge for me to
do all of the things that we are mandated by statute to do
under that funding.
Senator Inouye. I ask that question because just a week
ago, the President, as you noted, made a statement citing the
importance of competitiveness in technology, and we must have
investment. And so, obviously, we are surprised to see this
terrible cut. You're not wiping out the office, are you?
Mr. Cresanti. No, I surely hope not. It's one of the three
areas that are essential, I think, under the Technology
Administration, and the Office of Policy will be able to
continue to function and meet its legislative mandates.
The Chairman. Senator, I'm informed $136 million in the
budget has been moved over to the Competitiveness Initiative,
which will be centered in this Commerce area that Mr. Cresanti
will head.
Senator Inouye. That makes me feel better.
Mr. Cresanti. Yes. I think that one of the key--Senators,
one of the key initiatives that's being launched is a 24
percent increase in basic research and science funding within
the Department of--within NIST to some of the priorities that
the Administration sees there.
Senator Inouye. After the glowing introduction by Senator
Bennett, you've got my vote.
Mr. Cresanti. Thank you, sir.
The Chairman. Senator Pryor?
STATEMENT OF HON. MARK PRYOR,
U.S. SENATOR FROM ARKANSAS
Senator Pryor. Thank you, Mr. Chairman. And thank you,
again, for this hearing. I think it's important.
Mr. Cresanti, I have a couple of questions, just very
briefly, on nanotechnology.
Mr. Cresanti. Yes, sir.
Senator Pryor. I think nanotechnology could potentially be
a huge development in history and in America's economy, and we
could put ourselves in a position of really becoming the
dominant player in the world in nanotechnology. But also, at
the same time, I think we're at a crossroads with
nanotechnology. It may be--it may develop into something that
may be a little bit more like the--say, the genetically
modified organisms, where, in many parts of the world, in many
markets, that's very controversial, and there's very low
consumer confidence in those things, et cetera. So--and a lot
of suspicion about those things--but in the nanotechnology
world, one thing I've noticed is that, really, it is a world
that is being developed right now by small businesses.
And I guess I'd just ask you, do you have any plans to
bolster the public trust in nanotechnology and also help these
small businesses develop these amazing technologies and try to
implement those and get those into the marketplace?
Mr. Cresanti. Thank you, Senator. I--it is essential, and I
know that your State has been among the leaders and--in
nanotechnology areas--and we--it's my opinion that we cannot
lose the leadership position in nanotechnology. There is
significant funding by foreign governments to subsidize their
universities, their research on nanotechnology, and I think
that we have to address, both from a consumer confidence
perspective, as well as from just an outright funding and
interest level, the nanotechnology issue. And it's one of--it's
one of the--when TA had its last Under Secretary, Phil Bond, it
was a primary focus for him, and it will continue to be that
for me.
Senator Pryor. Yes, I'd like to work with you on that, as
we progress.
Thank you, Mr. Chairman. That's all I have.
Mr. Cresanti. Thank you.
The Chairman. Senator Lott?
Senator Lott. No questions, Mr. Chairman. Good luck to you.
The Chairman. Good luck to you, Mr. Cresanti. As soon as
possible, we'll have a markup, and we hope to soon be able to
call you ``Under Secretary.''
Mr. Cresanti. Thank you, sir.
The Chairman. Thank you very much.
We're now going to call up the nominees from the Department
of Transportation, one at a time, so that you may join us at
the table, but, first, just one at a time, introducing your
families.
The first would be Admiral Barrett. We'd be pleased to have
you introduce your family that's here. And we'll put all four
of you at the table together after you've introduced your
family.
Admiral Barrett. Thank you, Mr. Chairman. I have with me
today my wife, Sheila. She's the mother of our four children:
Tom, Matt, Rebecca, and Paul. They're not able to be here. But
I want to thank her for support to me, to the communities we've
served in, and also to our Nation, most recently, as the mother
of two of our sons who are Iraq combat veterans. And I'm very
thankful for her support and her presence here with me today.
Thank you, sir.
The Chairman. Thank you. Happy to have you here, Mrs.
Barrett. Thank you very much.
The next person is David Sanborn, nominated to be
Administrator of the Maritime Administration.
Mr. Sanborn, do you have any family with you today, sir?
Mr. Sanborn. Yes, sir.
Thank you, sir, very much for having me here today. And----
The Chairman. Would you introduce your family, please, sir?
Mr. Sanborn. Yes, sir. I'm joined by my wife, Terry, who is
my wife of 33 years. And she's sitting right back behind me. We
have three children, who, unfortunately, couldn't be here
today. And I'd just like to give tribute to my wife. I've been
yanking her around the world pretty much for most of the time
we've been married, and she's been able to keep us grounded and
focused and kept a really nice home front for me. And so, I'm
particularly proud to have her here today.
The Chairman. Thank you very much. Thank you for joining
us, Ms. Sanborn. We're happy to have you here.
The next nominee is Tyler--no, Nicole Nason, the nominee to
be Administrator of the National Highway Traffic Safety
Administration at Department of Transportation.
Do you have family with you, Ms.----
Ms. Nason. I do, Mr. Chairman. Thank you, Mr. Chairman.
I am very proud to have with me today my husband, David,
and our two beautiful daughters, Alexandra, who's almost 5, and
Abigail, who's about 18 months, in the back, and my parents,
Janice and Philip Robilotto, and my wonderful in-laws, George
and Ann Nason.
The Chairman. That's a nice family.
Ms. Nason. Thank you.
The Chairman. We welcome all of you to this hearing, and
happy to have you with us. If you can spare any of those
children, we don't have any at home right now. So, we----
[Laughter.]
The Chairman. The next nominee is Roger Shane Karr, to be
Assistant Secretary of Transportation for Governmental Affairs
at the Department of Transportation.
Do you have family with you, Mr. Karr?
Mr. Karr. I do.
Mr. Chairman, I'd like to introduce my wife, Barrett Karr,
and my family, who is scattered around the country and couldn't
make it, but is listening on the Webcast.
The Chairman. Well, that's good. Thank you very much.
We thank you very much for being here, and we'll first call
on Admiral Barrett.
Pardon me. Do I have one more? Ahhh. All right.
[Laughter.]
The Chairman. Who have I forgotten?
Tyler Duvall, Assistant Secretary of Transportation for
Transportation Policy. We won't leave without you, Mr. Duvall.
[Laughter.]
Mr. Duvall. You could have.
[Laughter.]
Mr. Duvall. Thank you, Mr. Chairman. I'm joined today by my
wife, Andrea, and my unhappy 8-month-old, Julia----
[Laughter.]
Mr. Duvall.--and my two-and-a-half-year-old daughter,
Olivia, and my father, Richard Duvall, and my stepmother, Donna
Duvall. So, thank you for having us. If she's a disruption
risk, we'll remove her.
[Laughter.]
The Chairman. Well, thank you very much.
The five of you have brought more people to a nomination
hearing than I've seen in years, so I thank you very much for
coming.
Now we'll turn to Admiral Barrett for any comments you may
wish to make.
STATEMENT OF ADMIRAL THOMAS J. BARRETT, NOMINEE TO BE
ADMINISTRATOR, PIPELINE AND HAZARDOUS
MATERIALS SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
Admiral Barrett. With your permission, Mr. Chairman, Mr.
Co-Chairman, Senator Lott, Senator----
The Chairman. Let me interrupt you. We will put all the
statements in the record in full, and hope you'll summarize
them, to the extent possible.
Thank you, Admiral.
Admiral Barrett. Yes, sir.
I welcome the opportunity to appear before you today with
these other nominees as you consider my nomination to serve as
the first Administrator of the Pipeline and Hazardous Materials
Safety Administration of the United States Department of
Transportation. I'm honored to have been nominated by President
Bush for this important position, and, if confirmed, look
forward to joining Secretary Mineta and his leadership team at
the Department. I commit to you I will fully dedicate myself to
helping ensure PHMSA meets its vital safety obligations and
also working close with you and your staffs.
PHMSA was established as a separate administration to
improve the Department's oversight and regulation of pipeline
safety and hazardous materials transportation. It is directly
focused on elimination of transportation-related deaths and
injuries in hazardous-material and pipeline transportation and
toward transportation solutions that protect and enhance
communities and protect the natural environment.
I believe my experience in the Coast Guard, in a broad
range of assignments, has provided me the management,
leadership, and teamwork skills to succeed in the position for
which I've been nominated. It has given me an excellent
perspective on how organizations and their personnel work, how
to ensure mission focus and achieve the performance results
that the Administration, the Congress, and the public expect.
Throughout my career, I have worked across Coast Guard
mission, including safety, security, environmental, and
resource protection and training. I oversaw vessel and
industrial systems associated with petroleum and hazardous
materials transportation, and partnered with State and Federal
agencies repeatedly. I have worked with other agencies, the
industry, and the public to reduce the hazards inherent in
fisheries activities and reduced harmful discharges by
leveraging technology, using innovative regulatory approaches,
and taking, where warranted, appropriate enforcement actions.
Not the least of my risk-management responsibilities included
safely conducting Coast Guard operations in one of the most
dangerous environments on the planet.
I have also, unfortunately, witnessed firsthand the tragic
consequences of safety failures for individuals, for their
families, their communities, and the environment. Frankly, I
have attended too many funerals that need not have occurred.
These left indelible impressions on me and forged a resolve to
do all in my power to prevent recurrences.
Mr. Chairman, I reiterate my commitment to you that, if
confirmed, I will work as hard as I possibly can to carry out
the responsibilities entrusted to me.
Thank you very much, sir.
[The prepared statement and biographical information of
Admiral Barrett follow:]
Prepared Statement of Admiral Thomas J. Barrett, Nominee to be
Administrator, Pipeline and Hazardous Materials Safety Administration,
Department of Transportation
Mr. Chairman, Mr. Co-Chairman, and other distinguished Members of
the Committee,
I welcome the opportunity to appear before you today with these
other distinguished nominees as you consider my nomination to serve as
the first Administrator of the Pipeline and Hazardous Materials Safety
Administration of the United States Department of Transportation. I am
honored to have been nominated by President Bush for this important
position and, if confirmed, look forward to joining Secretary Mineta
and his superb leadership team at the Department. I commit to you that
I will fully dedicate myself to helping ensure that PHMSA meets its
vital safety obligations, working closely with you and your staff.
(With your permission, I would like to acknowledge my wife Sheila
who is here with me today, and thank her for her support to me and to
our Nation, including as the mother of two sons who are Iraq combat
veterans.)
PHMSA was established as a separate operating administration to
improve the Department's oversight and regulation of pipeline safety
and hazardous materials transportation. PHMSA administers
comprehensive, nationwide programs designed to protect our communities
from risks to life, health, property and the environment inherent in
the commercial transportation of hazardous materials and the operation
of America's natural gas and hazardous liquid transportation pipelines.
PHMSA is directly focused on the elimination of transportation related
deaths and injuries in hazardous materials and pipeline transportation,
and toward developing transportation solutions that protect and enhance
communities and safeguard the natural environment.
I believe my over 35 years of experience in the Coast Guard in a
broad range of assignments has provided me the management, leadership
and teamwork skills to succeed in the position for which I have been
nominated. I believe my experience has given me an excellent
perspective on how organizations and their personnel work, how to
ensure focus on mission objectives and achieve the performance results
that the Administration, the Congress and the public expects.
Throughout my career I have delivered excellence across Coast Guard
mission areas that included safety, security, environmental and
resource protection, and training. During my tenure as Coast Guard
Commander in Alaska, I oversaw vessels and industrial systems
associated with petroleum and hazardous materials transportation and
partnered with State and Federal agencies, tanker and terminal
operators and citizen groups to improve systems quality assurance,
safety and response capabilities for petroleum shipments in the Port of
Valdez and elsewhere in Alaska. I partnered with other agencies, the
industry and the public to reduce the hazards inherent in fisheries
activities, and reduce harmful discharges in Alaskan waters by
leveraging technology, applying innovative regulatory approaches, and
taking appropriate enforcement actions. Not the least of my risk
management responsibilities included safely conducting Coast Guard
operations in one of the most dangerous environments on the planet. I
always promoted active communications and transparency with respect to
agency actions. I have also unfortunately witnessed firsthand the
tragic consequences of safety failure on individuals, families,
communities and the environment. I have attended too many funerals that
need not have occurred. These experiences left indelible impressions on
me and forged a resolve to do all in my power to prevent recurrences.
Mr. Chairman, I reiterate my commitment to you that, if confirmed,
I will work as hard as I possibly can to carry out the very important
responsibilities entrusted to me. Thank you.
______
a. biographical information
1. Name (Include any former names or nicknames used): Barrett,
Thomas J. Vice Admiral, U.S. Coast Guard, (Retired).
2. Position to which nominated: Administrator, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation.
3. Date of Nomination: January 25, 2006.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: 901 N. Stuart Street, Suite 200, Arlington, VA.
5. Date and Place of Birth: January 15, 1947, New York, NY.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Spouse: Sheila M. Barrett, Docent/Executive Assistant, Women in
Military Service to America Memorial, Memorial Avenue,
Arlington, VA.
Children: (Major) Thomas J. Barrett (32); Matthew D. Barrett
(31); Rebecca S. Barrett (26); Paul P. Barrett (22).
7. List all college and graduate degrees. Provide year and school
attended.
B.S., LeMoyne College, Syracuse, NY, 1968.
JD, George Washington University, 1976.
8. List all management-level jobs held and any non-managerial jobs
that relate to the position for which you are nominated.
Management Level Jobs Held:
Vice Commandant, United States Coast Guard.
Commander, Seventeenth Coast Guard District and Naval Forces
Alaska.
Director, Reserve and Training, United States Coast Guard.
Commanding Officer, Support Center Kodiak Alaska, United States
Coast Guard.
Chief, Legal Programs and Policy, United Stated Coast Guard.
Deputy Commander, Maintenance and Logistics Command, Atlantic,
United States Coast Guard.
Deputy Chief, Personnel and Training, United States Coast
Guard.
Executive Officer, USCG Base/Support Center, Kodiak Alaska.
District Legal Officer, Seventeenth Coast Guard District,
United States Coast Guard.
Vice President and Chief Operating Officer, Potomac Institute
for Policy Studies.
Other Related Jobs:
Outer Continental Shelf Safety Staff, Office of Marine Safety
and Environmental Protection, United States Coast Guard.
9. List any advisory, consultative, honorary or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last five years: None.
10. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational or other institution within the last five years.
Vice President and Chief Operating Officer, Potomac Institute for
Policy Studies and Director, National Capital Chapter, Navy League of
the United States.
11. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age or handicap.
District of Columbia Bar, 1976-Present.
Reserve Officers Association, 1997-Present.
Navy League of the United States, 2004-Present.
Veterans of Foreign Wars of the United States, 1999-Present.
U.S. Naval Institute, 1976-Present.
Army War College Alumni Association, 1989-Present.
Juneau Alaska Downtown Rotary Association, 1999-2002
Alaska State Chamber of Commerce-Coast Guard Liaison, 2001-
2002.
North Pacific Fisheries Management Council (non-voting member),
1999-2002.
Navy Enlisted Reserve Association, 1997-1999.
U.S. Coast Guard Academy Board of Trustees, 1997-1999.
None of these organizations restricts membership on the basis of
sex, race, religion, national origin, age or handicap.
12. Have you ever been a candidate for public office? I have never
been a candidate for public office.
13. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years: None.
14. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals and any other special recognition
for outstanding service or achievements.
Military Awards
Coast Guard Distinguished Service Medal.
Legion of Merit (5 awards).
Coast Guard Meritorious Service Medal.
Coast Guard Commendation Medal (2 awards).
Coast Guard Achievement medal.
National Defense Service Medal (with 2 bronze stars).
Humanitarian Service Medal.
Vietnam Service Medal (with 2 bronze stars).
Republic of Vietnam Campaign Medal.
Secretary of Transportation 9/11 Medal.
Secretary of Defense Service Badge.
Commandant of the Coast Guard Staff Service Badge Command
Ashore Badge.
Foreign Awards from the Republic of Georgia, Argentina and
Malta.
Civic Awards
Citations for Service--18th Alaska Legislature: 22nd Alaska
Legislature.
Commendation--Kodiak Island Borough.
Commendation--Kodiak Island Borough School District.
Veterans of Foreign Wars of the United States Exceptional
Service Award.
Special Olympics--Special Friend Award.
Scholarships
New York State Regents College Scholarship.
Teamsters College Scholarship.
15. Please list each book, article, column, or publication you have
authored, individually or with others, and any speeches that you have
given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
Deepwater Methods to Reduce Systems of Systems Risks (Paper
Presented at IEEE SMC 2005 Conference).
Coast Guard Reservist Magazine--From the Bridge Columns Tri-
Monthly 1997-1999.
Federal Maritime Commission Jurisdiction--George Washington
University Law Review Notes--1976.
Speeches: I spoke regularly on priorities while Coast Guard
Commander in Alaska in multiple local forums including Coast Guard
audiences, industry, civic organizations, citizen and public events. My
priorities always identified safety and environmental focus areas
including Valdez Marine Terminal operations. I did not maintain records
of the presentations.
16. Please identify each instance in which you have testified
orally or in writing before Congress in a non-governmental capacity and
specify the subject matter of each testimony: None (All appearances
were in an official capacity for the Coast Guard).
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers.
I am paid a salary by my current employer, Potomac Institute for
Policy Studies and routinely deal with Potomac Institute customers and
business clients. I have a 403(b) retirement plan with Potomac
Institute under which the employer matches my contributions to a
maximum of 5 percent of my salary. If confirmed by the Senate for this
position I will sever my employment and business association with
Potomac Institute. I have no other financial or deferred compensation
arrangements.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation or practice with any business,
association or other organization during your appointment?
I have no such commitments or agreements.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated: None.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 5 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated: None, other than my current
employment with Potomac Institute.
5. Describe any activity during the past 5 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy: None other than
official Coast Guard duties related to the execution of U.S. laws and
policies.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
Please refer to the Deputy General Counsel's Opinion Letter.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere ) of any criminal violation other than a minor traffic
offense? No.
5. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
6. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion or any
other basis? If so, please explain.
While serving as the Commanding Officer of the Coast Guard Support
Center at Kodiak, Alaska, I was accused (informally) by a petty officer
of harassment because I ordered her to see Coast Guard physician to
evaluate whether she was suicidal. At the time, I had reason to believe
she might be. The complaint was informally investigated and dismissed.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
The Chairman. Thank you very much.
Let me now turn to the statement of Mr. Sanborn,
Administrator of the Maritime Administration.
STATEMENT OF DAVID C. SANBORN, NOMINEE TO BE
ADMINISTRATOR, THE MARITIME ADMINISTRATION,
DEPARTMENT OF TRANSPORTATION
Mr. Sanborn. Sir, I would like to thank Senator Allen for
his most gracious comments at the introduction.
Mr. Chairman, Members of the Committee, it is my great
honor to be here today as President Bush's nominee for the
Maritime Administrator. As a graduate of the United States
Merchant Marine Academy, just being here at this table with
these fine transportation professionals represents a point in
my career that most of my peers can only dream about.
I have spent my entire professional life working in the
maritime industry, domestically and internationally. This
experience gives me the firm belief that our cargo
transportation system and intermodal network in the United
States are at a critical crossroads for the future.
We have the labor force, the knowledge, the technical
capability, and the natural harbor resources to ensure that the
cargo, which our Nation needs for its survival and security,
can be transported efficiently and economically. However, we
need the vision and leadership to bring together all of the
stakeholders and experts in the cargo supply chain and to
establish solutions for how we are going to seamlessly handle
these huge volumes of cargo through our transportation
infrastructure.
I sit here in front of you today because I am passionate
about our maritime future. I have had the good fortune of
working in numerous operating environments in the United States
and overseas. This has enabled me to observe firsthand some of
the most efficient and inefficient cargo handling systems in
use today.
If I am allowed to bring this experience to the Maritime
Administration, I believe we can accomplish some very dynamic
and advanced changes in current thought on how to most
efficiently handle cargo flow. If I am confirmed, I will take
this opportunity to play a leadership role in bringing our U.S.
flag fleet back to the preeminence that it once enjoyed.
I welcome the chance to work to advance our cargo
infrastructure so that the United States is the envy of our
trading partners. I believe that the United States can be the
proving ground for technology that advances cargo security
systems, cargo handling capability, cargo tracking, and cargo
logistics systems. In this effort, it is critical that we
ensure that the security of our ports and infrastructure is
part of our planning and strategies.
The time has also come to focus on our shipyards so that
they can return to being the facilities of choice for
constructing the most technologically advanced vessels in the
world. I believe the Maritime Administration is the agency that
can provide the leadership, together with the technological
expertise and knowledge, to deliver this ambitious vision. I am
convinced that the Maritime Administration can be the go-to
agency for transportation solutions that will support the needs
of both our governmental cargo-carrying requirements, as well
as our commercial customers.
If you will give me this opportunity by confirming my role
in this organization, I will commit energy and knowledge to
leading the Maritime Administration and working with the many
fine people who are equally dedicated as I am to a legacy of
maritime excellence.
Thank you for having me here today.
[The prepared statement and biographical information of Mr.
Sanborn follow:]
Prepared Statement of David C. Sanborn, Nominee to be Administrator,
the Maritime Administration, Department of Transportation
Thank you, Senator Allen, for your most gracious comments.
Mr. Chairman, Members of the Committee.
It is my great honor to be here today as President Bush's nominee
for the Maritime Administrator. As a graduate of the United States
Merchant Marine Academy just being here at this table with these fine
transportation professionals represents a point in my career that most
of my peers can only dream about.
I have spent my entire professional life working in the maritime
industry, domestically and internationally. This experience gives me
the firm belief that our cargo transportation system and intermodal
network in the United States are at a critical crossroad for the
future.
We have the labor force, the knowledge, the technical capability,
and the natural harbor resources to ensure that the cargo, which our
Nation needs for its survival and security, can be transported
efficiently and economically. However, we need the vision and
leadership to bring together all of the stakeholders and experts in the
cargo supply chain, and to establish solutions for how we are going to
seamlessly handle these huge volumes of cargo through our
transportation infrastructure.
I sit here in front of you today because I am passionate about our
maritime future. I have had the good fortune of working in numerous
operating environments in the United States and overseas. This has
enabled me to observe firsthand some of the most efficient and
inefficient cargo handling processes in use today. If I am allowed to
bring this experience to the Maritime Administration, I believe we can
accomplish some very dynamic and advanced changes in current thought on
how to most efficiently handle cargo flow.
If I am confirmed, I will take this opportunity to play a
leadership role in bringing our U.S Flag fleet back to the preeminence
it once enjoyed, and to expand upon our domestic cargo carrying
capability. I welcome the chance to work to advance our cargo
infrastructure so that the United States is the envy of our trading
partners. I believe that the United States can be the proving ground
for technology that advances cargo security systems, cargo handling
capability, cargo tracking, and cargo logistics systems. In this effort
it is critical that we ensure that the security of our ports and
infrastructure is part of our planning and strategies. The time has
also come to focus on our shipyards, so that they can return to being
facilities of choice for constructing the most technologically advanced
vessels in the world.
I believe the Maritime Administration is the agency that can
provide the leadership, together with the technological expertise and
knowledge, to deliver this ambitious vision. I am convinced that the
Maritime Administration can be the ``go to'' agency for transportation
solutions that will support the needs of both our governmental cargo
carrying requirements as well as our commercial customers.
If you will give me the opportunity by confirming my role in this
organization I will commit my energy and knowledge to leading the
Maritime Administration and working with the many fine people who are
equally dedicated, as I am, to a legacy of maritime excellence.
I would be happy, now, to answer any questions you may have.
______
a. biographical information
1. Name (Include any former names or nicknames used): David
Christopher Sanborn.
2. Position to which nominated: Maritime Administrator, U.S.
Department of Transportation.
3. Date of Nomination: January 18, 2006.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: DP World Caucedo Zona Franca Multimodal Caucedo, MOB
Bldg., Suite 300, Punta Caucedo, Boca Chica, Dominican
Republic.
5. Date and Place of Birth: May 12, 1951, Richmond, Virginia.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Wife--Theresa Marie Sanborn--Housewife
Son--Christopher David Sanborn--30 Years
Daughter--Erica Marie Sanborn--27 Years
Daughter--Tracy Marie Sanborn--23 Years
7. List all college and graduate degrees. Provide year and school
attended.
United States Merchant Marine Academy, 1969-1973, Bachelor of
Science, Marine Transportation.
8. List all management-level jobs held and any non-managerial jobs
that relate to the position for which you are nominated.
DP World: Director of Operations for Europe and Latin America.
CMA-CGM (America) LLC: Senior Vice President for North America
Service Delivery.
American President Lines, Pet. Ltd: Vice President for
Network--Operations for North America, Vice President for
Network--Operations for Asia/Middle East, Vice President for
Operations for Asia/Middle East.
Sea-Land Service, Inc: Director--Operations, America's
Division; Director--Operations, Brazil; General Manager, Middle
East and India Sub-Continent, General Manager, Sales--AME
Division, Director, Operations--Europe; Port Manager, Tacoma;
Director, Operations--Asia; Port Manager, Hong Kong; Marine
Manager, Algeciras.
9. List any advisory, consultative, honorary or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last five years: None.
10. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational or other institution within the last five years.
DP World: Director of Operations for Europe and Latin America.
CMA-CGM (America) LLC: Senior Vice President for North America
Service Delivery.
American President Lines, Pte. Ltd: Vice President for
Network--Operations for North America; Vice President for
Network--Operations for Asia/Middle East, Vice President for
Operations for Asia/Middle East.
Sea-Land Service, Inc: Director--Operations, America's
Division; Director--Operations, Brazil.
11. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with
any organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age or handicap.
SOLE (Society of Logistics Engineers).
East Bay Agency for Children, Board of Directors, 11/2003-05/
2004.
OCEMA (Ocean Carrier Equipment Management Association), 2002-
2004.
12. Have you ever been a candidate for public office? If so,
indicate whether any campaign has any outstanding debt, the amount, and
whether you are personally liable for that debt: No.
13. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years: None.
14. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals and any other special recognition
for outstanding service or achievements: None.
15. Please list each book, article, column, or publication you have
authored, individually or with others, and any speeches that you have
given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
Transportation Logistics Seminar as an invitee of the
Georgia Ports Authority (speech).
Terminal Operations, as an invitee of the Brookings
Institute (speech).
Moderated a transportation systems course for GMATS at the
United States Merchant Marine Academy.
Presentation to a Junior/Senior class on Transportation
Logistics at the United States Merchant Marine Academy.
Presentation to a class of government security personnel on
ocean liner and container terminal security for GMATS at the
United States Merchant Marine Academy.
Presented two courses to CSI Customs Agents for GMATS at the
United States Merchant Marine Academy
16. Please identify each instance in which you have testified
orally or in writing before Congress in a non-governmental capacity and
specify the subject matter of each testimony: None.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers: None.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation or practice with any business,
association or other organization during your appointment? No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
Please refer to the Department of Transportation Deputy General
Counsel's Opinion Letter.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 5 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
Please refer to the Department of Transportation Deputy General
Counsel's Opinion Letter.
5. Describe any activity during the past 5 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy: None.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
Please refer to the Department of Transportation Deputy General
Counsel's Opinion Letter.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? No.
5. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
6. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion or any
other basis? No.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
The Chairman. Yes, sir. Thank you very much for your
comments.
Our next comment is from Ms. Nason. Would you please make
your statement?
STATEMENT OF NICOLE R. NASON, NOMINEE TO BE
ADMINISTRATOR, THE NATIONAL HIGHWAY TRAFFIC
SAFETY ADMINISTRATION, DEPARTMENT OF
TRANSPORTATION
Ms. Nason. Thank you, Chairman Stevens.
Chairman Stevens, Co-Chairman Inouye, Members of the
Committee, thank you for the opportunity to appear before you
today to be considered for the position of Administrator of the
National Highway Traffic Safety Administration. I thank Senator
Allen for his kind remarks, and I am humbled and honored that
President Bush and Secretary Mineta would offer me this
opportunity to continue to serve in this administration.
As the mother of two small children, daughter of a police
chief, and a car-crash victim, highway safety is not an
abstract issue to me, but, rather, a matter I take intensely
seriously. As this committee is well aware, in 2004 there were
42,636 American lives lost on our roads, 2.8 million people
were injured, and the cost to society was a staggering $230
billion. Car crashes are the leading cause of death for people
ages 3 to 33. And I accepted the President's nomination for
this important position to reduce the toll of motor vehicle
crashes on American families.
After I was confirmed as the Assistant Secretary for
Government Affairs, Secretary Mineta gave me one charge, to
help pass the strongest possible highway safety legislation as
part of the Surface Transportation Reauthorization bill. The
result was SAFETEA-LU, a statute containing significant safety
provisions, largely written by members of this committee. As
the Secretary's main liaison to Capitol Hill, I was pleased and
proud to play a role in helping shape this landmark highway
safety law. The challenge for the agency now is to effectively
implement what Congress has enacted.
I also plan, if confirmed, to go beyond the SAFETEA-LU
roadmap and address other areas in highway safety where greater
gains can be realized.
Mr. Chairman, if you open the metro section of any major
newspaper on any given day, you will invariably find a story
about a teenage highway fatality, and alcohol will often be
involved. In fact, nearly a quarter of drivers age 15 to 20 who
were killed in crashes had a blood alcohol level above the
legal limit of .08. While teen driving is primarily, and
properly, a State issue, the Federal Government can offer
guidance, resources, and leadership to the States to address
this problem.
Mr. Chairman, there is hardly a family in America that has
not been impacted by a car crash. And I introduced my family
earlier. I am especially proud to have my father, retired
Police Chief Philip Robilotto, with me. As a lieutenant in
command of the Highway Patrol Bureau, my father ran one of the
earliest STOP-DWI initiatives in New York, and he was one of
the first-ever Motorcycle Safety Foundation certified
instructors. He taught me my first lessons regarding the
importance of road and vehicle safety.
Mr. Chairman, I'm eager to use my legal training, my DOT
experience, and my leadership and management skills so the
tools that Congress provided in SAFETEA-LU can translate into
lives saved and injuries prevented.
Thank you for your consideration. I would be happy to
answer any questions.
[The prepared statement and biographical information of Ms.
Nason follow:]
Prepared Statement of Nicole R. Nason, Nominee to be Administrator, the
National Highway Traffic Safety Administration, Department of
Transportation
Chairman Stevens, Co-Chairman Inouye, Members of the Committee,
thank you for the opportunity to appear before you today to be
considered for the position of Administrator of the National Highway
Traffic Safety Administration at the Department of Transportation. I am
humbled and honored that President Bush and Secretary Mineta would
offer me this opportunity to continue to serve in this Administration.
As the mother of two small children, daughter of a police chief,
and car crash victim, highway safety is not an abstract issue to me,
but rather a matter I take intensely seriously. As this Committee is
well-aware, in 2004, 42,636 people died on our Nation's roads; 2.8
million people were injured, and the cost to society was a staggering
$230 billion. Car crashes are the leading cause of death for people
ages 3 to 33 and I accepted the President's nomination for this
important position to reduce the toll of motor vehicles crashes on
American families.
After I was confirmed as the Assistant Secretary for Government
Affairs, Secretary Mineta gave me one charge: to help pass the
strongest possible highway safety legislation as part of the surface
transportation reauthorization bill. The result was SAFETEA-LU, a
statute containing significant safety provisions largely written by
Members of this Committee. As the Secretary's main liaison to Capitol
Hill, I was pleased and proud to play a role in helping shape this
landmark highway safety law. The challenge for the agency now is to
effectively implement what Congress has enacted.
I also plan, if confirmed, to go beyond the SAFETEA-LU roadmap and
address other areas in highway safety where greater gains can be
realized. Mr. Chairman, if you open the metro section of any major
newspaper on any given day, you will invariably find a teenage highway
fatality story, and alcohol will often be involved. In fact, nearly a
quarter of drivers age 15 to 20 who were killed in crashes had a blood
alcohol level above the legal limit of .08. While teen driving is
primarily and properly a state issue, the Federal Government can offer
guidance, resources and leadership to the states to address this
problem. If confirmed, I intend to encourage this debate so state
policymakers can make informed decisions on how best to protect their
youth. In addition, I believe we also need to tackle the issue of
elderly drivers. As the baby boomer generation evolves into retirement,
the elderly driver issue will become more important for the agency. If
confirmed, I plan to expand on the programs already underway at NHTSA
to minimize any potential loss of life.
Mr. Chairman, there is hardly a family in America that hasn't been
impacted by a car crash. I am grateful to have my family with me today,
but I am especially proud to have my father, retired police Chief
Philip Robilotto. As the lieutenant in command of the highway patrol
bureau, my father ran one of the earliest Stop DWI initiatives in New
York and he was one of the first-ever Motorcycle Safety Foundation
certified instructors. He taught me my first lessons regarding the
importance of road and vehicle safety.
Congress has given NHTSA significant resources and authority to
attack this problem. I am eager to use my legal training, my DOT
experience, and my leadership and management skills so the tools
Congress provided in SAFETEA-LU translate into lives saved and injuries
prevented. Thank you for your consideration and I would be happy to
answer any questions.
______
a. biographical information
1. Name (Include any former names or nicknames used): Nicole
Robilotto Nason, formerly Nicole Francine Robilotto.
2. Position to which nominated: Administrator, National Highway
Traffic Safety Administration.
3. Date of Nomination: January 18, 2006.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: Department of Transportation, 400 7th Street, SW,
Washington, DC.
5. Date and Place of Birth: August 12, 1970, Bayshore, NY.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
David G. Nason, Deputy Assistant Secretary, U.S. Department of
the Treasury.
Alexandra Hope Nason, Age 4 (March 29, 2001).
Abigail Faith Nason, Age 1 (September 17, 2004).
7. List all college and graduate degrees. Provide year and school
attended: The American University, Bachelor of Arts in Political
Science, 1992; Case Western Reserve University, Juris Doctorate, 1995.
8. List all management-level jobs held and any non-managerial jobs
that relate to the position for which you are nominated.
Assistant Secretary for Governmental Affairs, U.S. Department of
Transportation, 2003-Present.
9. List any advisory, consultative, honorary or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last five years.
Assistant Commissioner, U.S. Customs Service, U.S. Department
of the Treasury (now Department of Homeland Security), January
2002-March 2003.
Office of U.S. Representative Porter J. Goss, September 2000-
January 2002.
10. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational or other institution within the last five years: None
11. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age or handicap.
Student Advisor, The American University, 1995-2001; American Bar
Association, 1992-1996 (approx.); Maryland State Bar Association, 1995-
1997 (approx.): Cornerstone School of Washington, DC, 2000-present
(sponsor of one child); Washington Golf and Country Club, 2005-present;
St. Agnes Catholic Church Parish, 2000-present.
12. Have you ever been a candidate for public office? I have never
been a candidate for public office.
13. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years: Bush-Cheney 2004--$1,000.
14. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals and any other special recognition
for outstanding service or achievements.
Suffolk County Police Memorial Scholarship winner, 1988-1992.
U.S. Customs Service, Customs Service Ensign (for ``significant
contribution to the mission'' of the agency), 2003.
U.S. Department of Transportation, Secretary's Team Award,
2005.
15. Please list each book, article, column, or publication you have
authored, individually or with others, and any speeches that you have
given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed: None.
16. Please identify each instance in which you have testified
orally or in writing before Congress in a non-governmental capacity and
specify the subject matter of each testimony: None.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers: None.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation or practice with any business,
association or other organization during your appointment? No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated: None.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 5 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated: None.
5. Describe any activity during the past 5 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy.
While serving as the Assistant Commissioner of the U.S. Customs
Service, I represented the Administration's position regarding bills
affecting the Customs Service and/or the Department of Treasury. As the
Assistant Secretary of the Department of Transportation, every piece of
legislation, including all appropriations and authorizing legislation
impacting the Department was monitored by the Office of Governmental
Affairs.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
Please see the Deputy General Counsel's opinion letter.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? 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 disclosed in
connection with your nomination: None.
6. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion or any
other basis? No.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
The Chairman. Thank you very much.
The next comment will be from Mr. Duvall. We'll not forget
you this time, Mr. Duvall.
[Laughter.]
STATEMENT OF TYLER D. DUVALL, NOMINEE TO BE AN
ASSISTANT SECRETARY OF TRANSPORTATION FOR POLICY, DEPARTMENT OF
TRANSPORTATION
Mr. Duvall. Thank you, Mr. Chairman and Mr. Co-Chairman and
Members of the Committee. And thank you, Senator Allen,
obviously, for those very kind remarks.
I greatly appreciate the Committee's willingness to
consider my nomination, given your busy legislative schedule.
It is a privilege to appear before you.
I am honored to be President Bush's nominee to be Assistant
Secretary for Transportation Policy at the U.S. Department of
Transportation. And I am extremely excited to have an
opportunity to assist Secretary Mineta and Deputy Secretary
Cino in the development of national transportation policies, if
I am confirmed.
I would not be here today without the love and support I
have received from my wife, Andrea, and my parents and
stepparents. And I would not know the joy, the overwhelming
joy, of being a parent without my daughters, Olivia and Julia,
and I'm grateful that they could be here today.
In my opinion, there are few areas of policy more
fascinating than those currently within the scope of our
Department's mission. No other networks impact the lives of
Americans or the U.S. economy more fundamentally and more
frequently than our transportation networks. In recent decades,
the strength of these networks has facilitated a global
economic transformation that has dramatically increased the
well-being of billions of--of millions of Americans and
billions of people around the world. It has allowed U.S.
consumers and producers to access international markets in ways
previously thought impossible. The completion of the interstate
highway system, the single largest public investment in the
history of the world, a revolution in supply chain and
inventory management, and the rapid growth in the number of
Americans traveling by air following deregulation are all
historic achievements. But historic achievements, alone, do not
lay the foundation for a prosperous future.
The strains on our transportation systems are becoming
clear. To be sure, these strains are the product of a vibrant
economy, but they also represent an underlying threat to that
economy. It is precisely the size and importance of the
challenges before us that have inspired me to public service
and to work for one of the great public servants of my
generation, Secretary Mineta.
The country has a moment of unprecedented opportunity in
the next several years. On multiple fronts, from system
capacity to urban and suburban congestion, to the safety of all
those using the transportation system, the possibility of great
achievement exists. I believe my background and experience in
the policy office for the past 4 years, including as Acting
Assistant Secretary and Deputy Assistant Secretary for two and
a half of those years, qualifies me well to serve both the
President and Secretary Mineta as we collectively pursue these
achievements. Having worked closely with each of the
Department's operating administrations in the development of
the recently enacted Surface Transportation Reauthorization
bill, I have gained a deep understanding of both the internal
and external challenges confronting our Department. And, if I
am confirmed, I would work closely with Secretary Mineta to
establish an ambitious agenda for his policy office.
This Committee has a critical role to play in our Nation's
transportation future, and, if the Senate provides its advice
and consent, I would welcome the opportunity to help establish
that future together.
I would be pleased to respond to any questions you may
have. Thank you.
[The prepared statement and biographical information of Mr.
Duvall follow:]
Prepared Statement of Tyler D. Duvall, Nominee to be an Assistant
Secretary of Transportation for Policy, Department of Transportation
Thank you, Mr. Chairman and Members of the Committee.
I greatly appreciate the Committee's willingness to consider my
nomination given the busy legislative schedule. It is a privilege to
appear before you.
I am honored to be President Bush's nominee for Assistant Secretary
for Transportation Policy of the Department of Transportation, and I am
extremely excited to have an opportunity to assist Secretary Mineta and
Deputy Secretary Cino in the development of national transportation
policies if I am confirmed.
I would not be here today without the love and support I have
received from my wife Andrea and my parents and step-parents. And I
would not know the overwhelming joy of being a parent without my
daughters Olivia and Julia.
In my opinion, there are few areas of policy more fascinating than
those currently within the scope of our Department's mission. No other
networks impact the lives of Americans and the U.S. economy more
fundamentally and more frequently than our transportation networks.
Efficient and safe mobility of people and goods provides a necessary
foundation for our country's continued economic growth and plays a
large role in shaping the quality of life of all of our citizens.
In recent decades, the strength of these networks has facilitated a
global economic transformation that has dramatically increased the
well-being of billions of people around the world. It has allowed U.S.
consumers and producers to access international markets in ways
previously thought impossible.
The completion of the interstate highway system, the single largest
public investment in the history of the world; a revolution in supply
chain and inventory management; and the rapid growth in the number of
Americans traveling by air following deregulation are all historic
achievements. But historic achievements alone do not lay the foundation
for a prosperous future.
The strains on our transportation systems are becoming clear. To be
sure, these strains are the product of a vibrant economy, but they also
represent an underlying threat to that economy. It is precisely the
size and importance of the challenges before us that have inspired me
to public service and to work for one of the great public servants of
my generation, Secretary Mineta.
The country has a moment of unprecedented opportunity in the next
several years. On multiple fronts, from system capacity, to urban and
suburban congestion, to the safety of all those using the
transportation system, the possibility of great achievement exists.
I believe my background and experience in the policy office for the
past four years, including as Acting Assistant Secretary and Deputy
Assistant Secretary for two and a half of those years, qualifies me
well to serve both the President and Secretary Mineta as we
collectively pursue these achievements.
Having worked closely with each of the Department's operating
administrations in the development of the recently enacted surface
transportation reauthorization legislation, I have gained a deep
understanding of the internal and external challenges confronting the
Department, and if I am confirmed, I would work closely with Secretary
Mineta to establish an ambitious agenda for his policy office.
This Committee has a critical role to play in our Nation's
transportation future, and if the Senate provides its advice and
consent, I would welcome the opportunity to help establish that future
together.
I would be pleased to respond to any questions you might have.
______
a. biographical information
1. Name (Include any former names or nicknames used): Tyler Davis
Duvall.
2. Position to which nominated: Assistant Secretary for
Transportation Policy.
3. Date of Nomination: 1/18/2006.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: U.S. Dept. of Transportation, 400 Seventh Street, S.W.,
Washington, D.C.
5. Date and Place of Birth: January 5, 1973, Washington, D.C.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Spouse: Andrea Cummings Duvall, currently a stay-at-home
mother.
Children: Olivia Tate Duvall, age 2 years; Julia Ryan Duvall,
age 7 months.
7. List all college and graduate degrees. Provide year and school
attended.
B.A., Washington and Lee University, 1995, major--economics.
J.D., University of Virginia School of Law, 1998.
8. List all management-level jobs held and any non-managerial jobs
that relate to the position for which you are nominated.
Acting Assistant Secretary for Transportation Policy, Feb.
2005-Sep. 2005.
Deputy Assistant Secretary for Transportation Policy, Oct.
2003-present.
Prior to becoming Deputy Assistant Secretary in 2003, worked as
Special Assistant to the Assistant Secretary for Transportation
Policy.
Prior to joining USDOT, worked from October 1998 to February
2002 as an associate in the Business and Finance Group at Hogan
& Hartson LLP.
9. List any advisory, consultative, honorary or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last five years: None.
10. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational or other institution within the last five years: None.
11. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex. race, color, religion,
national origin, age or handicap.
I am currently a junior member at Congressional Country Club in
Potomac, Maryland. The Club does not restrict membership on the basis
of sex, race, color, religion, national origin, age or handicap. I have
been a junior member from 1/91 to present.
Associate Member of Virginia Bar from 7/02-present.
Active Member of Virginia Bar from 10/98-7/02.
12. Have you ever been a candidate for public office? If so,
indicate whether any campaign has any outstanding debt, the amount, and
whether you are personally liable for that debt: No.
13. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years.
$2,000 contributed to Bush-Cheney 2004 (Primary) Inc.
$750 contributed to Republican National Committee in 2000.
$500 contributed to Bush for President Inc.
14. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals and any other special recognition
for outstanding service or achievements.
Omicron Delta Epsilon (International Honor Society for Economics);
Scholar Athlete Award at Washington and Lee University.
15. Please list each book, article, column, or publication you have
authored, individually or with others, and any speeches that you have
given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
In my current role, I have given a variety of transportation policy
speeches in support of the Administration's positions to various
transportation stakeholders including the American Road and
Transportation Builders Association and Construction Industry
Roundtable; Florida Transportation Commission; TEX-21 (forum held by
the Texas Department of Transportation); National Academy of Sciences;
New York Business Council; Baltimore Metropolitan Planning
Organization; MIT Center for Transportation and Logistics; Rudin
Center; Oberstar Forum on Transportation; National Association of
Counties; the U.S. Chamber of Commerce; the Pew Institute; the American
Recreation Coalition; and the Rudin Center.
Prior to joining the Administration, I wrote a letter to the editor
in support of President Bush in 2000 that was printed in the Washington
Post.
16. Please identify each instance in which you have testified
orally or in writing before Congress in a non-governmental capacity and
specify the subject matter of each testimony: None.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers: None.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation or practice with any business,
association or other organization during your appointment? No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
Please refer to the Department of Transportation Deputy General
Counsel's Opinion Letter.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 5 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated: None.
5. Describe any activity during the past 5 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy.
Since joining the Administration in February 2002, I have assisted
in the development and advancement of the Administration's
transportation policy priorities, including surface transportation and
all appropriations legislation.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
Please refer to the Department of Transportation Deputy General
Counsel's Opinion Letter.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain.
I received a $100 citation for theft of a street sign during my
freshman year in college.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere ) of any criminal violation other than a minor traffic
offense? If so, please explain.
I received a $100 citation for theft of a street sign during my
freshman year in college.
5. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
6. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion or any
other basis? No.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
The Chairman. Thank you very much.
And now, Mr. Roger Shane Karr, to be Assistant Secretary of
Transportation for Governmental Affairs.
STATEMENT OF ROGER SHANE KARR, NOMINEE TO BE AN
ASSISTANT SECRETARY OF TRANSPORTATION FOR
GOVERNMENTAL AFFAIRS, DEPARTMENT OF
TRANSPORTATION
Mr. Karr. Thank you, Mr. Chairman, Mr. Co-Chairman, Senator
Lott, Senator Pryor. It's a privilege to appear before you
today to be considered for the position of Assistant Secretary
for Governmental Affairs at the Department of Transportation. I
am profoundly grateful to President Bush for offering me this
opportunity to continue to serve in his administration, and I
am deeply honored that Secretary Mineta would recommend me for
this position.
Secretary Mineta frequently reminds his team to remember
who our customers are. For the Assistant Secretary of
Governmental Affairs, the customers are clear: the Congress.
So, I'll keep it short. If I'm confirmed, my pledge to you is
to provide the best possible customer service to you and your
staffs.
As I said before, I'm grateful to my wife, Barrett, to my
parents, Dennis and Ellen, who are listening somewhere in
Phoenix, and to the rest of my family and friends for all of
their support. And I look forward to the opportunity, if
confirmed, to work closely with you and your staff to address
our Nation's critical transportation priorities and to ensure
the Department's programs are delivering real benefits to your
constituents.
Thank you for considering my nomination.
[The prepared statement and biographical information of Mr.
Karr follow:]
Prepared Statement of Roger Shane Karr, Nominee to be an Assistant
Secretary of Transportation for Governmental Affairs, Department of
Transportation
Chairman Stevens, Co-Chairman Inouye, Members of the Committee, it
is a privilege to appear before you today to be considered for the
position of Assistant Secretary for Governmental Affairs at the
Department of Transportation. I am profoundly grateful to President
Bush for offering me this opportunity to continue to serve in his
Administration. And I am deeply honored that Secretary Mineta would
recommend me for this position.
Secretary Mineta frequently reminds his team to ``remember who our
customers are.'' Congress and State and local governments are the
Office of Governmental Affairs' customers. So, if I am confirmed, my
goal will be to provide the best possible customer service to you and
your staff.
I will always be available to answer questions, solve problems, or
carry a message back to Secretary Mineta. I will insist that all
governmental affairs staff at the Department do the same. We will be
proactive to keep you and your staff well informed of the Department's
activities, and we will be responsive to your requests. We will work to
ensure that the Department adheres to both the letter and the spirit of
the law. And we will work closely with you to pass critical
transportation legislation and to ensure that the Department's programs
are operating effectively and delivering real benefits to your
constituents.
The opportunity to serve as Assistant Secretary for President Bush
and Secretary Mineta is a rare honor. I am grateful to my wife Barrett
and to my family and friends for all of their support. And I look
forward to the opportunity, if I am confirmed, to work closely with you
and your staff to address our Nation's critical transportation
priorities.
Thank you for considering my nomination, and I would be pleased to
answer your questions.
______
a. biographical information
1. Name (Include any former names or nicknames used): Roger Shane
Karr.
2. Position to which nominated: Assistant Secretary for
Governmental Affairs.
3. Date of Nomination: January 18, 2006.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: U.S. Department of Transportation, 400 Seventh Street,
S.W., Rm. 10200, Washington, DC 20590.
5. Date and Place of Birth: May 7, 1970, Sumter, SC.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Elizabeth Barrett Karr, Special Assistant to the President for
Legislative Affairs The White House.
7. List all college and graduate degrees. Provide year and school
attended.
Texas Christian University, B.A., Religion Studies (1992).
Temple University, M.A., Religion (1996).
Georgetown University Law Center, J.D. (2002).
8. List all management-level jobs held and any non-managerial jobs
that relate to the position for which you are nominated.
U.S. Department of Transportation: Deputy Chief of Staff (March
2005-Present); Deputy Assistant Secretary, Governmental Affairs
(March 2003-February 2005); Special Assistant, Governmental
Affairs (July 2001-February 2003).
American Association of Airport Executives, Manager, Regulatory
Affairs (September 2000-July 2001).
American Airlines, Legislative Assistant (April 1997-August
2000).
9. List any advisory, consultative, honorary or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last five years: None.
10. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational or other institution within the last five years: None.
11. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age or handicap.
Texas Christian University, Washington, D.C., Metropolitan Alumni
Association (Member 1997-Present; Board Member 1997).
12. Have you ever been a candidate for public office? No.
13. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years.
03/23/2004--Bush-Cheney 2004 (Primary)--$500.
10/20/2004--Republican National Committee--$525.
14. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals and any other special recognition
for outstanding service or achievements.
Transportation Secretary's 9/11 Medal.
15. Please list each book, article, column, or publication you have
authored, individually or with others, and any speeches that you have
given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed: None.
16. Please identify each instance in which you have testified
orally or in writing before Congress in a non-governmental capacity and
specify the subject matter of each testimony: None.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers: None.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation or practice with any business,
association or other organization during your appointment? No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
Please refer to the Department of Transportation Deputy General
Counsel's Opinion Letter.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 5 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated: None.
5. Describe any activity during the past 5 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
Administration and execution of law or public policy.
I served in DOT's Office of Governmental Affairs in different
capacities from July 2001 through March 2005. During that time, I
advocated for a variety of Administration priorities, including but not
limited to annual appropriations, aviation and surface transportation
program reauthorizations, transportation security legislation, NAFTA/
cross-border trucking implementation and corporate average fuel economy
standards.
Prior to joining DOT, I worked for the American Association of
Airline Executives in its regulatory affairs office, where I regularly
interfaced with DOT and FAA officials on issues related to airport
finance/economics, such as passenger facility charges, and matters
relating to airport rates, charges and bonds.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
Please refer to the Department of Transportation Deputy General
Counsel's Opinion Letter.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? No.
5. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
6. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion or any
other basis? No.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
The Chairman. Thank you very much.
Admiral Barrett, we have jurisdiction over both the
Pipeline Administration to which you have been nominated and
the Transportation Security Administration. And we have to make
policy decisions from time to time between the safety and
security concepts that are involved in these two organizations.
Have you been able to determine the difference between the two
in your briefings before you've come before us?
Admiral Barrett. Senator, I'm generally aware of the
differences. I--Mr. Chairman, I'm generally aware of the
differences. I have worked closely with TSA in the past, and,
if confirmed, I would expect to work closely with them to
clarify the respective responsibilities as those safety
responsibilities and security responsibilities obviously
intersect and have to be closely coordinated.
The Chairman. I don't know of any memorandum of agreement
or any concept of--you know, written policy concerning the two
agencies. Have you been informed of any?
Admiral Barrett. I'm not aware of any, Mr. Chairman.
The Chairman. Well, would you do us the kindness of, once
you get confirmed--and I believe you will be--will you
determine whether legislation might be necessary to delineate
the areas of those two agencies we're organized to serve and
sort of give us an opportunity to decide whether legislation
should be in order, or determine whether an MOU would do the
job. We would like to have some line between the two, if you
could help us on that.
Admiral Barrett. Mr. Chairman, I understand your concern,
and I would be, if confirmed, pleased to give it my prompt
attention.
The Chairman. Now, we've got one pipeline. We, hopefully,
will have another one soon, an enormous gas pipeline, we hope.
I've been told there are sort of--``redundancies'' would be the
word to use, in terms of the inspections and the reports and
whatnot that are required for both safety and security. That's
one of the reasons for my request. I would hope that you would
take a look at that. We want absolute safety, and we want
absolute security, but the redundancy matter ought to be
examined to see whether they ought to be either separated or
combined. They're neither right now; there's just an overlap
between them. Appreciate it if you indicate that.
Mr. Sanborn, we understand your background in the shipping
area, and commitment to the agency that you will be an
administrator of. Have you looked at any changes you'd like to
bring about once you become confirmed to this new position?
Mr. Sanborn. Senator, I thank you for the question. I have
had a chance to spend some time in my briefings discussing
several of the programs, and I look forward to--if you confirm
me, I look forward to getting some ideas from you on what to--
on what you think some of those changes might look like. I do
have some ideas, and I intend to work on them very quickly
after I am confirmed.
The Chairman. Senator Inouye and I had occasion to go out
and take a look at the Port of Los Angeles. When I was a kid
growing up out there, there was a port for Long Beach, and one
for San Pedro, and a little one called the Los Angeles--they're
all one great big port now, probably the fourth largest port on
the world. About 40 percent of all the produce coming in by
water--not produce, but materials coming by water, come through
that port. Now, you have some overlapping jurisdiction with
those areas, too, do you not?
Mr. Sanborn. Yes, I do, sir. If I'm confirmed, I will be
spending a lot of time on issues with respect to intermodalism
on the West Coast.
The Chairman. Well, that's very necessary. We saw there's
only a single-line railroad going into that port and coming out
of it, and probably warehouses all the way out to San
Bernardino waiting for delivery on one rail. I can't conceive
that that can go on much longer, so they need some leadership
there. We would urge you to take a look at it.
Ms. Nason, I was pleased with your statement, and would ask
just one question. What is your priority for reducing the
unacceptable number of deaths and accidents on our highways?
What do you think you're going look at first?
Ms. Nason. Well, Senator, as Secretary Mineta made clear to
me, it was my responsibility----
The Chairman. Can you push the button? Yes.
Ms. Nason. How's that?--to keep the ``safe'' in SAFETEA, as
he used to put it. So, I think one of the great advantages to
the next NHTSA Administrator is that we've been provided all of
these significant tools by the Congress in SAFETEA-LU,
especially the incentive grants for the States. Alaska and
Mississippi have moved out and passed primary incentive--
primary belt laws, and I think that is largely due to the
leadership of this committee. So, that is something that we
will get out and pound the drum on if I am confirmed.
The Chairman. That's good.
Senator Lott. If I might interject, Mr. Chairman, our
Governor signed that legislation, I believe, in the last day or
two, so--I mean, just very recently.
Ms. Nason. Congratulations to you, Senator Lott. That was
your effort, I believe.
Senator Lott. Nine million dollars is all it took.
[Laughter.]
Ms. Nason. There's more. We need to spread the word.
[Laughter.]
The Chairman. No, there's nothing like a little enticement
with, ``Money will come if you behave yourself.''
But let me say, Mr. Duvall, I really don't have any
questions for you.
Mr. Karr, I understand what you say, that you're there to
assist the Congress. I will say that your pledge really is one
that we ought to respond by saying that we would like to have
responses in a timely and unbiased manner. We have many
requests that seem to go unanswered as they go down to the
Department. We'd be pleased to have your assistance in seeing
to it that the Department--the agencies, the Transportation
Department respond to our committee's requests in a timely
fashion. Can you help us on that?
Mr. Karr. Mr. Chairman, if I am confirmed, not only will
that be a high priority in my immediate office, but I will
ensure that that's also a priority in the operating
administrations.
The Chairman. The best way I can put it is to say, in the
last century, I was the Assistant to the Secretary of Interior
for Legislative Affairs, so I know that you've got a tough job.
And we look forward to working with you on the basis of mutual
cooperation, believe me.
Mr. Karr. Thank you, Senator.
The Chairman. Senator Inouye, I don't have any further
questions. Do you have any questions?
Senator Inouye. Mr. Chairman, I thank you very much. I'm
prepared to cast my vote in favor of all of the nominees. I'm
convinced that Secretary Mineta did a good job. But I would
like to submit, if I may, a few questions for your
consideration, somewhat technical. It may take more than 2
minutes to respond to.
Senator Inouye. But I just want to tell Mr. Sanborn, when I
arrived in the Washington, in the U.S. Senate, if my
recollection is correct, American bottoms carried 85 percent of
all the cargo containers in the seven seas. How are we doing
now?
Mr. Sanborn. Senator, it's a question that concerns me
greatly, because we're not doing very well. And I don't propose
to have all of the answers. But, if I'm confirmed, I think the
experience and the time that I've spent in the industry, and,
most importantly, the people that I have worked with the
industry, I think we can find some ways to make it better. I
don't know if we're going to get back to 85 percent, but we
need to make it better than it is today, sir.
Senator Inouye. I'll be with you.
Mr. Sanborn. Thank you.
Senator Inouye. Thank you very much, Mr. Chairman.
The Chairman. Do you have any questions, Senator Lott?
STATEMENT OF HON. TRENT LOTT,
U.S. SENATOR FROM MISSISSIPPI
Senator Lott. Mr. Chairman, no questions, just a few brief
comments.
First, congratulations to each of you. And we're delighted
to have your families here. I even got a little wave from your
daughter.
[Laughter.]
Senator Lott. And, you know, that--I'd be for you just
because of her.
[Laughter.]
Senator Lott. But I think this is a good group of nominees.
And I'm pleased to offer my support to all of you. And we'll
look forward to working with you.
All of you are in the transportation area. That's an area I
spent a good portion of my career, particularly since I've been
in the Senate, working on aviation issues, surface
transportation, safety. My staff and I enjoyed working with Ms.
Nason on the SAFETEA-LU legislation. And we--I think we
surprised some people just how much we did get in the safety
area. They didn't expect it of me, in particular. Maybe of you,
but some people were surprised at my interest. My own State had
not passed a primary seatbelt law, because, as I said on the
floor of the Senate, if you tell us what we must do or we'll be
punished, we will not do it; but if you tell us that we'll get
a reward if we act responsibly, we probably will do it. And so
it is. That's what happened.
But also, of course, worked on the--as I said, the highway
bill and aviation, for Amtrak, freight. I really care a lot
about transportation. And I think it's a critical part of our
society in America. It's a lot about who we are. We're a very
mobile society, and we want modern means of technology, modern
means of transportation. And I want us to continue to emphasize
that. And so, I'm glad to see good people selected for these
positions.
I must say this. I don't think the Administration has paid
enough attention to transportation issues. So, I'm saying it to
all of you. You need to be advocates not just for the position
that you're in and to us, you need to be advocates within the
Administration, too. And take a look at the budget that just
came out. I think, overall, it's a pretty good budget, but I
think transportation, you know, is barely holding its own; and,
only that, because of highway bill, I guess, marginally up a
little bit, and yet we're finding other places to spend money
that don't mean nearly as much, in terms of the economy and
jobs, creation of jobs.
So, I hope you'll be a very proactive group. The three of
us, even the gentleman from--the Senator from Arkansas, are
particularly interested in maritime. You want more bottoms,
we'll built 'em in my hometown.
[Laughter.]
Senator Lott. You want more bottoms, they'll make use of
'em in Hawaii or all the way up to Alaska. I think we need to
pay more attention in the Maritime Administration. And I would
predict, right now, the day will come where we're going to
regret our neglect over the last 50 years in our--of our
maritime industry, across the board. And, with your background,
you've got the potential, I think, to be--become a spokesman
and a thinker. You know, where are we, and where do we want to
be? Has anybody asked that lately? In Washington, all we've
done lately is to complain about the past and try to blame
somebody. What are we going to do in the future to make sure
that the crisis looming before us in maritime does not occur?
We're counting on you, Mr. Sanborn, to lead on that. And if you
have to wind up in the Oval Office convincing the President, we
will escort you.
[Laughter.]
Senator Lott. So, don't be shy. Please.
Ms. Nason, thank you very much for agreeing to do this. I
think you're going to be good. I'm a little nervous. You're
just so capable and attractive and so fine, got a great family,
I just hate to throw you to the wolves, but you're willing to
do it, so good luck. It's an----
Ms. Nason. Thank you, Senator Lott.
Senator Lott.--important position.
[Laughter.]
Senator Lott. Added to Government Affairs, like Mr.--like
our chairman, you know, I hope you will--you know, you work a
two-way street, and don't just occasionally give us a call to--
so we can announce some dippy little grant.
[Laughter.]
Senator Lott. Work with us to make sure that our concerns
are heard and considered by the Secretary. And, of course, we
know him, and we've worked with him, we've served with him, we
like him. But, you know, sometimes our message needs to get
through to him, and, more importantly, from him to the White
House.
I've learned that quite often these Government Affairs
people and positions don't work for their Department. They work
for the White House. So, if you're going to be in that
position, if that is, in fact, a place you'll have an impact, I
hope you'll be aggressive for the transportation point of view.
Well, that's my lecture for the day.
[Laughter.]
Senator Lott. I'm just--I think we've got a good group
here. I do take a particular interest in who goes into these
positions, and I'm counting on really good, strong leadership
from all of you.
Thank you, Mr. Chairman.
The Chairman. Thank you.
Senator Pryor?
Senator Pryor. Thank you, Mr. Chairman.
Ms. Nason, let me start with you. In the--I guess in the
last year or so, the Administration and the Department of
Transportation have actually fairly actively opposed motor-
vehicle safety provisions that would require regulatory actions
to address rollovers. And I was curious about how involved you
were with that. Were you involved in that opposition?
Ms. Nason. Thank you, Senator.
NHTSA has proposed several significant rulemakings in the
last year, as you noted. And, as the Assistant Secretary of
Government Affairs, certainly it would be foolish for me not to
be somewhat involved, because these issues are so important to
Congress and your constituents. And so, I have read many of the
comments filed in the docket. The docket is still open with
several of these rulemakings. But I have not tried to influence
the agency's work.
Senator Pryor. I'm--what I want to know, more specifically,
is your personal view of that. Should we strengthen our
requirements for things like rollover, ejection mitigation,
roof crush, impact projection? Should we strengthen those
standards, or should we let them stay as they are?
Ms. Nason. Thank you, Senator.
Personally, I'm an enormous fan of electronic stability
control. But if you look at the provisions of SAFETEA-LU,
you'll see there's a very clear, comprehensive plan for the
agency to move forward in its rulemaking. Electronic stability,
I believe, keeps a car on the road, but, if the car does go off
the road, you need strong door locks, you need ejection
mitigation, you need a strong roof. These are all things that
the agency will move out on in its rulemakings, as directed by
Congress, to help protect American citizens.
Senator Pryor. And will you be an advocate for that within
the Administration?
Ms. Nason. I will, Senator.
Senator Pryor. Thank you.
And, also, I notice that NHTSA has some authority over CAFE
standards. And the other--a week ago, tonight, President Bush
said--I believe the phrase he used is, ``America is addicted to
oil,'' or petroleum. I can't remember the exact phrase. But do
you have any plans to address this at all? I know that there
have been some innovations with engine design to make them more
energy efficient, et cetera, which is great. Totally supportive
of that. But what about things like lighter and stronger
materials? Are you for higher standards or keeping the status
quo?
Ms. Nason. Senator, as you know, there is an open
rulemaking on CAFE for light trucks that the agency proposed
last summer. I know, again, as the Assistant Secretary of
Government Affairs, that this is an interest--a strong interest
for several members. And I think this is an area where Congress
has a significant role to play. I can commit to you that my
goal in issuing a final rule will be to make sure that, within
NHTSA's legal framework, we have the most efficient, and the
safest, rule possible.
Senator Pryor. That's great, thank you.
And, Mr. Duvall, let me ask you, if I can turn my attention
to you, I was reviewing the President's FY07 budget, the one
that Senator Lott likes so much----
[Laughter.]
Senator Pryor.--the FY07 budget, and I have a concern
there. I'm sure he has the same concern, but he just missed it
when he looked. But I do have a concern there, that is,
essential air service. I am concerned about essential air
service. For example, we have one town in Arkansas that has
about 12,000 people in the town. Their largest industry has
pretty much said that one of the reasons they are there is
because they can fly their salespeople out, and they can fly
customers in. It's very important to them. And they've pretty
much said, if they lose that essential air service status, they
may move. And so, essential air service is not just a
convenience for casual flyers, it's very important to business,
very important to our economy. I'd like to get your thoughts on
the fact that this budget cuts funding for essential air
service about in half.
Senator Lott. We plan to put it back, don't we?
[Laughter.]
Senator Pryor. That's what I'm getting to. That's what I'm
getting to.
[Laughter.]
Mr. Duvall. Senator Pryor, thank you for the question. The
EAS program is actually not directly within the purview of the
policy office. I'm mainly responsible for sort of non-aviation
policies. It's the other Assistant Secretary for Aviation. That
said, one of my focuses, if I do get confirmed, is going to be
to focus on rural transportation, broadly. There's no question
that the connectivity of rural cities to some of the job growth
areas of the United States is a critical issue for the U.S.
economy, in all modes of transportation. So, one of the things
I'd like to do would be to get with the Assistant Secretary for
Aviation and International Affairs and come up with a more
comprehensive rural transportation policy for the Department.
Senator Pryor. And one last question for you. And thank you
for that answer. One last question on that is--or on a slightly
different subject--is, there's a--there have been two
significant rulemakings that deal with truck driver hours of
service--I don't know if you've followed that at all--and
driver training requirements that have been, actually, thrown
out of Federal court. And, as I understand it, I think it's a
fair statement to say that one of the reasons they are--they
have been thrown out of court, I should say--is because the
agency did not follow Congressional intent. And that concerns
me. And I was curious, have you had any involvement in those
rulemakings at all? And what are you going to make--do to make
sure that the trend does not continue?
Mr. Duvall. Thank you, Senator.
I did not have personal involvement in the development of
the hours-of-service rule, both the 2003 and 2005. I know, in
talking to the Administrator at the Federal Motor Carrier
Safety Administration, that they spent enormous time and
research on the latest science in the area of sleep
deprivation. Obviously, it's a major safety issue, one that I
know the Secretary has paid a lot of attention to. Our
objective is clearly to meet the intent of Congress. We think
that the rule that was put out at the end of last year is a
good rule, an improvement on the 2003 one, and we want to keep
working with Congress to make sure that rules in the--it's a
complicated area, obviously, but I think it's one that we have
put out a very good rule on, and I hope it has major safety
improvements.
Senator Pryor. Thank you.
Thank you, Mr. Chairman.
The Chairman. Thank you very much.
Well, Mr. Duvall, it so happens that essential air service
started in Alaska at the time we brought about deregulation of
the CAB, Civil Aeronautics Board. And it was necessary because
there are some villages that can only be reached by air.
There's no road, there's no water access. Only by air.
Essential air service expanded to what we call the South
48. And now the majority of the money goes to the South 48.
Last week, I heard there's one village that has been canceled
out of essential air service, which means it's absolutely
stranded up there on the tundra. Now, I hope you mean what you
said, that you're going to look at it and put some priority
behind the rural aspects of essential air service. It was
designed for that. It was not designed to go further than that.
I'm sure it has acceptance elsewhere in the country, but, very
clearly, a State like mine, where air transportation is the
only means of transportation, it ought not to be abandoned.
Let me state--it's obvious to all of you--you're going to
serve with a gentleman that we all consider to be, you know,
sort of a gift of God to the Government, that's Secretary
Mineta. You have a wonderful person to work with. We've worked
with him in the Congress, we've worked with him in the
Department and other jobs. So, I commend to you one thing. And
that is, don't ever cross him.
[Laughter.]
The Chairman. He's a good boss, but he's a very strong man.
And he has to be, down there where you're all going to be.
So, we congratulate you, and we'll have a markup as soon as
possible. Thank you all very much.
[Whereupon, at 3:40 p.m., the hearing was adjourned.]
A P P E N D I X
Prepared Statement of Joan Claybrook, President, Public Citizen
Thank you, Chairman Stevens, Ranking Member Inouye, Chairman Lott,
and the Members of the Senate Commerce, Science, and Transportation
Committee, for giving me the opportunity to submit this written
testimony to the record. I am the President of Public Citizen, a
national nonprofit public interest organization with 110,000 members
nationwide. We represent consumer interests through lobbying,
litigation, regulatory oversight, research and public education. Public
Citizen has a long history of working to improve consumer health and
safety, particularly in the area of automobile safety.
As a former Administrator of the National Highway Traffic Safety
Administration (NHTSA), I feel obliged to submit this testimony to
raise important questions regarding the background and qualifications
of Nicole Nason, who is nominated to serve as the next NHTSA
Administrator.
As the Assistant Secretary for Governmental Affairs in the U.S.
Department of Transportation (DOT) in 2005, Ms. Nason served as the
point person for DOT and the Administration on H.R. 3, the Safe,
Accountable, Flexible, Efficient Transportation Equity Act, A Legacy
for Users (SAFETEA-LU). Both DOT and the Administration opposed a
number of critically important motor vehicle safety provisions in that
bill, such as requirements for new roof strength, rollover propensity,
side impact, and ejection mitigation standards. These provisions were
adopted with bipartisan and bicameral support as a result of the
leadership of Senators Stevens, Lott, and Inouye, with specific
statutory timelines for implementation.
One of the most pressing and primary responsibilities of the next
NHTSA Administrator will be implementing the law and issuing motor
vehicle safety standards to save lives and prevent disabling injuries.
As NHTSA Administrator, Ms. Nason will have significant discretion to
implement the legislation in either a robust or de minimus manner. I
have serious concerns that one of the chief Administration liaisons to
the Congress, which opposed the legislation, would now be charged with
leading the effort implementing these rules, which have the potential
to save thousands of lives.
Ms. Nason's stated priorities for NHTSA reflect a very narrow view
of the agency's responsibilities under the law to ensure the safety of
Americans on our roadways. In her written response to the Committee's
questions concerning her anticipated areas of focus, she acknowledged
that Congress provided some ``noteworthy'' tools to improve safety in
SAFETEA-LU, but specifically mentioned only the safety belt performance
and the alcohol-impaired driving countermeasures grants. Other of her
answers also emphasized increasing safety belt use and improving the
safety of teen driving as key areas.
While Public Citizen strongly supports provisions concerning
Federal incentives to increase seat belt use, reduce impaired driving
and promote child booster seat laws, I am deeply concerned that there
is no mention in her responses regarding her primary goals of SAFETEA-
LU's vehicle safety mandates to improve roof strength, rollover
prevention, ejection, side-impact protection and power window safety.
Rollovers kill more than 10,000 people every year and side-impact
crashes kill 9,000. These two categories of crashes alone comprise a
shocking two-thirds of all occupant deaths, begging the question of why
she chose only to mention belt use and alcohol.
Her responses in this regard bear out our grave concerns. The
possible safety advances that NHTSA could make will fall far short of
their potential if Ms. Nason prioritizes and promotes only behavioral
change efforts at NHTSA, as she appears poised to attempt to do.
I also have serious concerns about Ms. Nason's lack of any
experience related to NHTSA's mission, which is to ``save lives,
prevent injuries and reduce economic costs due to road traffic crashes,
through education, research, safety standards and enforcement
activity.'' Ms. Nason appears to have no professional experience in
traffic, traffic safety, or injury prevention. While she has stated her
personal commitment to highway safety, that does not make her qualified
to lead and manage a Federal agency with a budget of $800 million and
more than 500 employees devoted to researching, innovating, issuing
rules and enforcing laws to prevent tens of thousands of deaths and
millions of injuries on the Nation's highways. While past NHTSA
administrators have had a wide variety of qualifications for the job,
most had a significant number of years of professional experience. Most
also had substantial managerial experience.
I raise these issues to encourage the Committee to exercise close
oversight of the agency's forthcoming work and implementation of
SAFETEA-LU. Too many lives are at stake to take the nomination any less
seriously.
I also commit to working cooperatively with Ms. Nason and this
Committee to encourage attention to these sorely needed improvements in
vehicle safety. I deeply appreciate the opportunity to submit this
written testimony.
______
House Committee on International Relations
Washington, DC, February 6, 2006
Hon. Ted Stevens,
Chairman,
Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Dear Mr. Chairman:
I write to wholeheartedly support the President's nomination of
Nicole Nason to be the Administrator of the National Highway Traffic
Safety Administration.
Ms. Nason worked on the staff of the House Committee on the
Judiciary when I was the Chairman of that Committee. She began her
tenure with the Committee as a legal intern. The excellence of her work
and people skills was so extraordinary that she was offered a full time
position as Counsel to the Crime Subcommittee after she completed law
school. At the time Ms. Nason began her position, the Subcommittee
found itself extremely busy with major anti-crime legislation. Ms.
Nason's contribution to the work of the Subcommittee was substantial.
She quickly learned the nuances of the legal issues, as well as the
practical aspects of all that needs to be done to ensure important
legislation is effective and properly crafted.
I was so impressed with her work as counsel to the Subcommittee
that I asked her to become Counsel to the Full Committee. In that
capacity, she continued to grow both as an attorney and as an
exceptional member of the Committee staff. Any organization would be
well served to have her.
During her tenure as Assistant Secretary of Transportation, a
position for which I also supported her, Ms. Nason has had to deal with
a number of incredibly complex and difficult issues. She has
demonstrated once again her exemplary ability to work with Members of
Congress and the full range of people involved in the myriad of issues
before the Department in order to accomplish what needs to be done.
I have no doubt whatsoever that the President and the American
people will be well served should your Committee confirm Ms. Nason's
nomination as Administrator of the National Highway Traffic Safety
Administration.
Thank you for this opportunity to share my thoughts with you on
this outstanding candidate.
Sincerely,
Henry J. Hyde,
Chairman.
______
Congressional and Public Affairs, Chamber of Commerce
Washington, DC, January 25, 2006
Hon. Daniel K. Inouye,
Co-Chairman,
Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Dear Co-Chairman Inouye:
On behalf of the U.S. Chamber of Commerce, the world's largest
business federation representing more than three million businesses and
organizations of every size, sector, and region, I am writing to
express our strong support for President Bush's nomination of Robert C.
Cresanti for the position of Undersecretary of Commerce for Technology.
This nomination recognizes the unique aspects of this important
position within the Federal Government. The Undersecretary must be a
capable person with a clear perception and understanding of both the
government's operations and the technology industry, which is a key
engine of growth for the U.S. economy.
Mr. Cresanti has been a ground-breaking leader in the technology
industry for many years, in both the public and private sectors. He
currently serves as Vice President of Public Policy at the Business
Software Alliance. Prior to that, he was the Senior Vice President and
General Counsel for the Information Technology Association of America.
Earlier in his career, Mr. Cresanti spent nearly 10 years as a public
servant. Among his many public sector experiences, he served as the
Staff Director for the Subcommittees on Financial Institutions and
Financial Services and Technology for the Senate Banking Committee and
later as Staff Director for the Senate Special Committee on the Year
2000 Technology Problem.
Mr. Cresanti possesses the necessary strengths to effectively lead
the Department of Commerce's Technology Administration and work with
the private sector on important issues including technology standards
and security development. The U.S. Chamber strongly urges your support
of Mr. Cresanti as Undersecretary of Commerce for Technology.
Sincerely,
Rolf Th. Lundberg, Jr.,
Senior Vice President.
______
RSA Security
February 7, 2006
Hon. Ted Stevens,
Chairman,
Senate Committee on Commerce, Science, and Transportation
Washington, DC.
Hon. Daniel K. Inouye,
Ranking Member,
Senate Committee on Commerce, Science, and Transportation
Washington, DC.
Dear Chairman Stevens and Ranking Member Inouye:
I am writing you to express my strong support for the nomination of
Robert Cresanti to the post of Under Secretary for Technology,
Technology Administration at the U.S. Department of Commerce. Mr.
Cresanti is the perfect nominee for this important position and I urge
the Senate to confirm him as soon as possible.
I have had the pleasure of working with Mr. Cresanti during his
years working in the technology industry and I find him a good leader,
a man of unimpeachable integrity, and someone who is dedicated to
preserving and expanding the United States' position as the leader in
technology innovation. Mr. Cresanti will be a tireless advocate for
U.S. technology leadership in his new role and he understands the
critical role of technology standards and research and development in
continuing America's position as the world's hub of technology
innovation.
I am very pleased today to lend my support and encouragement for
the Committee to confirm Mr. Cresanti as Under Secretary for
Technology.
Sincerely,
Arthur W. Coviello, Jr.,
President and CEO.
______
Response to Written Questions Submitted by Hon. Daniel K. Inouye to
Robert Cresanti
Question 1. Technology and the Ocean. NOAA and its scientific and
technical partners are in the forefront of dealing with challenges we
face this century from climate change and invasive species to exploring
extreme environments and discovering marine pharmaceuticals and other
beneficial compounds. Yet in all of the discussion of competitiveness
and innovation, we rarely hear about this vital agency.
As the Secretary's chief advisor on technology, how will you bring
NOAA and its research into the larger discussion about staying
competitive and fostering innovation?
Answer. The Competitiveness Initiative, and the new investments in
physical sciences and engineering, will ensure our continued economic
and technological leadership around the world. NOAA, with a strong
operational and applied science mission, will benefit directly from the
advances in the fundamental physical science anticipated under the
President's American Competitiveness Initiative. That is important to
NOAA, and is a key element in the cross-cutting way NOAA conducts and
leverages the Federal research and development enterprise. The
President's Ocean Action Plan includes funding for the ocean observing
system, among other programs, and is evidence of strong government-wide
support for ocean science research. If confirmed as Under Secretary, I
will work with the Department and appropriate agencies to ensure that
NOAA research continues to address these challenging issues.
Question 2. Hollings Manufacturing Extension Partnership Program.
Knowing that you were not working within the Technology Administration
when the FY 2007 budget was developed, I understand that you may not
have knowledge of the logic that was used to develop the request to cut
the Hollings Manufacturing Extension Partnership program by nearly 56
percent. However, if confirmed, you will be charged to carry out the
priorities of the Administration. In the State of the Union, the
President identified competitiveness as a priority in the coming year.
How will you work with your superiors and the White House to help
convince them to provide full funding at a minimum of $106 million for
the MEP program in future years?
Answer. One of the roles of the Under Secretary for Technology is
to serve as one of the principal officials responsible for the
Administration's technology policy, developing and promoting national
policies and initiatives that takes into account technology's role in
building America's economic strength. If confirmed as Under Secretary,
I will be fully engaged in policy and budget deliberations involving
technology issues within the Department of Commerce.
Question 3. MEP and FACA. I assume that as Vice President of Public
Policy at the Business Software Alliance, your organization valued the
input received from its members and customers. Like you, I agree that
advice and counsel of an organization's stakeholders can improve its
performance and strategy into the future.
With this understanding, can you acknowledge and agree that former
programmatic customers make the best, most informed advisors? Can you
then ensure me that when you become Undersecretary for the Technology
Administration you will uphold FACA regulations with regard to the MEP
National Advisory Board which has not held a meeting since May 2004?
Answer. I agree that any organization should listen to its
customers to ensure that its strategic and programmatic direction is
delivering the most appropriate goods or services. If confirmed as
Under Secretary, I will uphold FACA regulations as they apply to the
MEP National Advisory Board.
Question 4. Outsourcing Report. In September 2005, the Technology
Administration released a twelve page report entitled ``Six-Month
Assessment of Workforce Globalization In Certain Knowledge-Based
Industries.'' The report was requested by Congress in December 2003,
and bore a date of July 2004 but was not released until September 2005.
According to media reports, political appointees and the White House
delayed the release of the report and substantially edited the content
of the report.
Do you believe that this is an acceptable way to operate the
Technology Administration?
How will you ensure that the reports of your technology
analysts can be released without being altered due to political
pressure?
This report and other Administration officials have argued
that, on the whole, outsourcing has a positive impact on the
United States economy. What is your assessment? Is outsourcing
a problem or an opportunity?
Answer. I am not in a position to conclude or confirm the
allegations made in media reports surrounding the release of the
report. While I have no reason to believe that the assessment was
``altered due to political pressure,'' you can be assured that as Under
Secretary for Technology, I will maintain the integrity of the
Technology Administration in all work products. My personal view is
that the integrity of all reports and conduct must be an integral part
of the overall mission of TA or any other organization with which I am
connected. With all of its reports, TA should strive for accurate data,
reliable sources, and written in a thorough and objective manner. All
reports will be properly vetted and reviewed through the Department's
normal clearance process to ensure the high quality that is expected.
The objective must be to produce a quality report and to identify the
steps necessary to ensure a comprehensive and exhaustive analysis.
The globalization of the U.S. workforce is an issue that is
important for policymakers, and industry to better understand--though
the complexity of the issue and lack of definitive data does not lend
itself to simple assessments. The trends and collection of data
inherent in this issue are ripe for review. There are also a number of
non-governmental organizations, including the National Academy of
Public Administration, currently reviewing the issue as well. It is
hoped that their analyses will add to the substance of the debate and
allow for greater clarity in this issue.
Question 5. Technology Administration. According to the Department
of Commerce budget documents, the Office of the Under Secretary for
Technology will consist of 5 full time equivalent employees in FY 2007,
down from 20 in FY 2006. I presume that you will be one of those and
that the current deputy assistant secretary, Dan Caprio, will be
another of those. As I understand it, there are two open political
appointments, the deputy Under Secretary and the Assistant Secretary.
How many of the five positions will be filled by political
appointees?
What do you expect the office to look like? Who will conduct
the analyses and write the reports that the Under Secretary's
office is responsible for?
Answer. As I have not been involved with the day-to-day operation
of TA at this point, if confirmed, I will review the required work that
is currently assigned to TA and make sure that the appropriate
personnel is identified to fulfill TA's mission.
Question 6. Relationship with NIST. As you know, NIST has largely
operated independently, exercising its scientific judgment and
supporting world-class science. On the other hand, the Technology
Administration has been more susceptible to political pressures. The
Under Secretary for Technology has largely kept out of NIST affairs,
allowing the Director to operate NIST and its labs.
Do you expect this tradition to continue? What do you believe your
role is with respect to NIST? How do proposed reductions within your
office affect that?
Answer. Yes, if confirmed, I plan to work closely with NIST. I have
learned that NIST has a strong history of scientific independence and
high productivity. The current NIST Director, who has been confirmed by
the Senate, has the responsibility for running NIST on a day-to-day
basis and ensuring that it remains in a position in which it exercises
independent and sound scientific judgment. I intend to serve as a
strong supporter of the NIST Director in that regard. My responsibility
will be one of oversight, since the agency is one of three business
units that report through the Office of the Under Secretary. The
proposed budget reductions within TA's Office of the Under Secretary
will not impact my enthusiasm for NIST nor my ability to tirelessly
promote its mission and importance.
Question 7. Areas of Technology. You are nominated to be the
Secretary of Commerce's chief advisor on technology. Technology and
scientific research are said to underlie our economic competitiveness.
Looking out about five or ten years, what do you see as the
most important technologies on the horizon? What challenges or
opportunities will they pose for the Nation?
As Under Secretary for Technology, what role will you play
in helping the Nation address these challenges and
opportunities?
Answer. In my estimation, four primary areas of development will
affect America's technological leadership in the next 5 to 10 years.
First, standards issues will significantly affect our companies'
ability to compete internationally and NIST is the expert in navigating
these types of standards issues. For example, nations may attempt to
require mandated technology standards to sell products in their
markets. These standards may well serve as non-tariff trade barriers.
We need to ensure that the United States vigorously advocates for
globally relevant standards that are developed in an open, consensus-
driven process, and are performance-based.
Second, looking forward, nanotechnology has to be a priority for
our attention. There is a worldwide race underway to seize the
leadership in nanotechnology development; the United States must win
this competition. Working with industry leaders to produce a climate
that encourages these companies to locate and create their products in
the United States is essential.
Third, biotechnology is a centerpiece of U.S. competitiveness and
it will nurture many related industries with productivity through
applied innovation. For example, some experts estimate that over 100
million people have already been helped directly by biotechnology,
through developments like so-called super crops that feed the world's
hungry. Others predict the development of innovations like edible
vaccines and cancer-fighting foods. One consulting firm specializing in
biotechnology estimates that by 2011 there will be 400,000 people
employed by biotech companies and another 350,000 in related
businesses; we need as many of those jobs located in the United States
as possible.
Finally, the issue of data breach and privacy is beginning to
become acute. Educating American corporations and consumers about good
security practices and affording customers appropriate privacy
protections is essential and TA can have a salutary effect on raising
and addressing these issues in our market. These issues directly affect
the conduct of Internet commerce. Electronic Commerce accounts for a
substantial part of our annual business transactions every year, both
on a business to business and a business to consumer basis. A potential
lack of faith by consumers in electronic commerce would damage the cost
structure and savings enjoyed by many companies today.
The challenges we have to overcome will be many. We must remain
vigilant to make sure that we are armed with the tools to be
competitive, as a nation, in order to secure a leadership position in
the development and deployment of these new technologies. That means
providing a strong infrastructure, including deep stable capital
markets, with a strong venture capital market; a well educated and well
trained workforce; strong investment by our private sector companies,
coupled with a commitment by the Federal Government to support basic
research and development to feed into the innovation pipeline for
companies to capitalize upon; and an active engagement in removing
barriers to government and university technology transfer into our
economy.
Question 8. Cybersecurity. In your last position, you served as
Vice President of Public Policy at the Business Software Alliance,
which deals primarily with software piracy and protecting intellectual
property.
What more can the United States Government do to protect
intellectual property and eliminate software piracy?
More broadly, cybersecurity is a problem that does not get
much attention from this Administration. Given that software
affects more and more of our daily life, can you offer any
insight into why computer security doesn't receive greater
attention? [Follow up: if yes, ``What do you propose to do
about promoting cybersecurity in this Administration? '']
When the Department of Homeland Security was created,
industry lobbied successfully for one agency not to join the
new Department, the Computer Security Division at NIST. In your
estimation, does the Computer Security Division have the
resources and leverage to do its job?
Answer. The Federal Government has done more in the last few years
than it has ever done before, and the number of seizures in the United
States of fraudulent goods has increased. The Department of Commerce,
in particular, has elevated this issue within the country and globally.
The Secretary of Commerce has placed an individual in charge of
ensuring the enforcement of U.S. intellectual property rights around
the world and the U.S. Patent and Trademark Office is embarking on a
campaign to increase the awareness of America's youth to the importance
of protecting intellectual property. In addition, the Secretary and
other senior officials are holding our trading partners around the
world responsible for protecting intellectual property and ending
piracy.
The Administration has a strong history of supporting cybersecurity
issues. The Administration wrote the National Strategy to Secure
Cyberspace which is part of the overall effort to protect the country.
It is an implementing component of the National Strategy for Homeland
Security and is complemented by a National Strategy for the Physical
Protection of Critical Infrastructures and Key Assets. The purpose of
the Cyberspace document is to engage and empower Americans to secure
the portions of cyberspace that they own, operate, control, or with
which they interact. As you know, securing cyberspace is a difficult
strategic challenge that requires coordinated and focused effort from
our entire society, the Federal Government, state and local
governments, the private sector, and the American people. Since
cybersecurity has always been a principal interest of mine, if
confirmed, I plan to seek out opportunities to work with the Department
of Homeland Security and others to engage in further policy activities
on this issue, particularly as it relates to the topics of data breach
and information privacy.
As I have only been briefed on the ``big picture'' aspects of the
NIST budget, I cannot offer an opinion on the appropriateness of the
Computer Security Division budget. If confirmed, I would rely on the
Director of NIST and his team of managers to make recommendations on
the appropriate level of resources required for NIST's programs.
Question 9. Advanced Technology Program. The authorizing
legislation for the Advanced Technology Program (ATP) states that ATP
should focus on ``improving the competitive position of the United
States and its businesses, give preference to discoveries and to
technologies that have great economic potential, and avoid providing
undue advantage to specific companies.''
The Administration has once again called for the elimination of
ATP.
On the same day, February 6, 2006, the National Aeronautics and
Space Administration (NASA) announced a request for information for a
new, NASA-supported venture capital fund `Red Planet Capital.''
According to NASA, the fund ``will be an investment vehicle used to
support innovative, dual-use technologies which will help NASA achieve
its mission, but will also help better position these technologies for
future commercial use.'' The fund will have investment and operation
funds of $11 million in FY 2006, growing to $20 million annually
thereafter.
Since 1990, the Advanced Technology program has amassed an
admirable record of achievement. It has been reviewed favorably by the
National Academies of Sciences. Its latest annual report projected $17
billion in benefits from just 41 of 236 completed projects; these
benefits would pay for the program eight times over. NASA, on the other
hand, has no proven track record in this area.
In the past, when we have asked representatives of the
Administration, why not invest in ATP, the answer has been a lack of
resources. Yet, the President, through his Competitiveness Initiative
has said he believes in NIST and, clearly, the government believes in
innovative programs to invest in high-risk technology.
Why is this funding better spent for NASA to develop a
program that NIST has been doing for 15 years?
Will you encourage NIST to remind its sister agency that ATP
can accept funds from other agencies and run competitions
focused on areas of technology relevant to the investing
agency?
Will you find a way for NIST to work with industry to
continue its successes in helping bridge the ``valley of
death'' that keeps basic research from being commercialized?
Answer. I have no knowledge of the NASA program; therefore, I
believe it would not be appropriate for me to speculate about the
funding of the proposed NASA program as compared to the NIST program.
My understanding is the FY 2007 budget reflects the
Administration's policy and funding priorities to address the Nation's
most pressing needs. As such, the Administration has decided to place a
higher priority on funding NIST's laboratory core programs--which
impact entire industries--over new funding for the Advanced Technology
Program, which supports individual projects and companies. The FY 2007
request for NIST continues the orderly ATP phase-out that was initiated
with the FY 2006 appropriation. Accepting other agency funding would be
inconsistent with the proposed budget.
I believe that NIST plays a vital role in the basic research that
supports American innovators. NIST's mission is ``to promote U.S.
innovation and industrial competitiveness by advancing measurement
science, standards, and technology in ways that enhance economic
security and improve the quality of life.'' The President also believes
strongly in NIST's mission and has made it part of his American
Competitiveness Initiative. The President's American Competitiveness
Initiative represents a 24 percent increase over similar FY 2006
appropriated funding. Enactment of the President's American
Competitiveness Initiative will help companies take research from the
labs to the marketplace.
Question 10. Technology Transfer. The Technology Administration has
been the locus and intellectual engine for analyses of and improvements
to our technology transfer policies and performance.
What can the United States Government be doing to get its
prize-winning basic science out of the lab and into commercial
products?
Will you have adequate resources in a 5-person Technology
Administration office to continue work on this and other
important technology policy questions?
Answer. As you may know, TA chairs the longstanding Interagency
Working Group on Technology Transfer, which regularly brings together
senior technology transfer personnel from most of the Federal agencies
with science and technology programs, to discuss Federal technology
transfer practices, issues, and policies. TA is the prime mover in
preparing the annual performance reports on Federal laboratory
technology transfer, under the Technology Transfer Commercialization
Act of 2000, which are regularly submitted to the President, Congress,
and OMB. TA has some responsibilities for administering the
intellectual property and technology transfer laws that apply to
inventions by Federal employees. And, TA has a strong interest in
remaining abreast of new development and trends in the Federal
technology transfer field and advising the Administration and Congress
on associated issues that may need attention.
There are a number of operational areas where further attention may
well yield significant benefits in the form of a faster, more effective
national technology transfer system. In fact, a recent President's
Council of Advisors on Science and Technology (PCAST) report identified
nine recommendations, including:
--Better dissemination of best practices across the technology
transfer practitioner community;
--More attention to ``process'' improvements which could help
reduce the complexity and time required to complete technology
transfer transactions;
--Improved education and training opportunities for science and
technology personnel;
--Development of better information tools for industry to more
quickly and efficiently search for partnership and new
technology opportunities across the federally-funded R&D
domain; and
--Careful consideration of the implications for U.S. technology
transfer policies from globalizing R&D chains and new emerging
technologies.
Given its knowledge of the topic and connection to the community,
TA can play a key leadership role in organizing this process,
encouraging discussion of the important issues, and securing sound
findings and action recommendations.
With the proposed reduction in the Technology Administration's
resources, I will streamline the operations and focus on the most
important technology policy issues. Technology transfer is an important
issue, written into TA's statute, and will remain a high priority for
TA.
______
Response to Written Questions Submitted by Hon. Jim DeMint to
Nicole R. Nason
Question 1. I understand that the motor vehicle supplier industry
has developed a number of new technologies with the goal of making
motor vehicles safer. Technologies such as lane departure warning
systems, backover avoidance systems, active cruise control and vision
warning systems are just a few of the technologies that are now
commercially available which go beyond traditional passive safety
devices and will help prevent accidents from happening in the first
place. What research is NHTSA undertaking to determine the
effectiveness of these technologies? What steps will you take as NHTSA
works toward Secretary Mineta's goal of decreasing the total number of
fatalities to 1.0 per one-hundred million miles driven by the end of
2008? What research has NHTSA already conducted to determine the
effectiveness of the crash avoidance technologies that are now on the
market?
Answer. I believe that there are numerous technologies available
today, such as those listed above, that can greatly benefit American
drivers. I am aware that NHTSA issued a Federal Register Notice in July
2005, seeking information on its new Advanced Crash Avoidance
Technologies Program initiative. If I am confirmed as Administrator,
this is an initiative that I will focus on carefully. I will work to
ensure that this program is robust and useful for consumers because I
believe that new safety technologies will play a significant role in
reducing fatalities on our Nation's roads. The Secretary's goal of 1.0
is a challenging one, and if confirmed, I intend to focus on those
areas where I believe we can achieve the greatest gains, such as
reducing teen and alcohol-related driving fatalities and increasing
safety belt use. In the long term, I believe several of the new
rulemakings required by SAFETEA-LU can greatly benefit in the reduction
of fatalities. One such rulemaking is the electronic stability control
rule, which is a technology that the agency already has begun to study
to determine its effectiveness.
Question 2. NHTSA's Advanced Crash Avoidance Technologies (ACAT)
Initiative. In the summer of 2005, NHTSA announced the creation of a
new government-industry program deemed the Advanced Crash Avoidance
Technologies Initiative. This program is designed to allow NHTSA and
the automotive industry to share valuable data and testing methodology
information relative to these new advanced safety technologies. Can you
please explain the intended participant makeup for this program? Do you
intend to allocate an equal place at the table for automotive parts
manufacturers (automotive suppliers)? I understand that some of the
relevant submissions to the NHTSA docket have suggested that the
program should be more tightly focused to include only NHTSA and the
vehicle manufacturers. Do you agree that it would be a mistake to
exclude auto parts companies from this important initiative, especially
as they are the ones who carry out much of the R&D work within the
industry and who actually design and manufacture these advanced crash
avoidance systems such as Lane Departure Warning Systems, Collision
Avoidance Systems, Night Vision, etc.?
Answer. If confirmed as Administrator, I would like to see every
group who has an interest in the Advanced Crash Avoidance Technologies
initiative be included. Since auto parts suppliers play a significant
role in the development of the technology, I will ensure that their
concerns are heard by the agency.
Question 3. Consumer Information on Tire Pressure Monitoring
Systems (TPMS). As you are aware, Congress directed NHTSA to conduct a
rulemaking to require the installation of Tire Pressure Monitoring
Systems (TPMS) technology in all passenger cars and light duty trucks
through the TREAD Act, enacted in 2000. TPMS technology continually
monitors a vehicle's tire pressure and alerts drivers when a tire is
notably under-inflated. These systems serve a significant safety role
in that improper tire pressure can contribute to tire failure, tread
separation or blowout, and flat tires. I understand that this
government mandated safety regulation was released in April 2005 and
commenced its multi-year phase in period in late 2005. As this is a new
government-mandated technology and one which does not yet enjoy
widespread consumer awareness and understanding, does NHTSA intend to
conduct some type of Consumer Information or Education Campaign in
support of its mandate?
Has NHTSA considered a campaign or effort that would assist drivers
in understanding these new systems, their intent, and the valuable
safety information that they provide? It seems clear that consumer
awareness and understanding of the technology remain critical,
especially as the systems are complex and will not be required to work
with all replacement or aftermarket tires. In order to achieve the full
safety benefits of TPMS, the driver must understand correct driving
behavior and be able to interact properly with the system. Is it
correct that NHTSA will only require that information on TPMS be placed
in the driver's manual? What other avenues could be used to help
consumers to better understand these new systems and the warning
indicators that will be placed on the dashboard--a special brochure to
be distributed at dealerships, a Public Service Announcement, a TPMS
consumer notice or information page on the NHTSA website? Please
elaborate on the agency's intent in this area.
Answer. It is my understanding that NHTSA currently requires
manufacturers to provide information regarding Tire Pressure Monitoring
Systems (TPMS) in the owner's manual. If confirmed, I would be open to
considering other avenues of communication with consumers. My goal
would be to ensure that consumers have several possible opportunities
to learn about and better understand this new system, including, for
example, the agency's website.
Question 4. Study on Backover Avoidance Systems. Through the
SAFETEA-LU bill (Highway Bill--H.R. 3) enacted in 2005, NHTSA was
directed to conduct a study on backover avoidance technologies and to
provide an estimate of cost savings that would result from widespread
use of backover prevention devices. KIDS AND CARS, a child safety
advocacy group, maintains a national database tracking deaths and
injuries to children left unattended in or around motor vehicles and
they reported an estimated 213 child fatalities in 2005. What level of
priority has NHTSA assigned to this project? What is the status of the
study itself? Has NHTSA begun to collect nontraffic, noncrash incident
data? If so, by what means are you finding and validating this
information?
Answer. If confirmed as Administrator, my priority will be to try
to meet all of the deadlines for rulemakings and reports in SAFETEA-LU.
Under Section 10304 of that legislation, the agency is required to
conduct a study of effective methods for reducing the incidence of
injury and death outside of parked passenger motor vehicles. The agency
is required to report to the Congress by November 2006. I am aware that
NHTSA has begun working on this study and on the additional requirement
for establishing a method for collecting non-traffic incident data.
They are currently evaluating cost-effective ways to collect data on
backover incidents, as well as other noncrash incident data. If
confirmed, I will make sure that this report is a priority for the
agency.
Question 5. The TREAD Act that was enacted in 2000 required NHTSA
to promulgate a number of important safety regulations. One of these
was the Early Warning Reporting System that mandates tire manufacturers
and others to report information to the agency about fatalities,
injuries and property damage claims involving those industry's
products.
The regulation requires that all tire manufacturers who sell
products in the U.S. to comply with this regulation. Over the past few
years, tire imports to the U.S. have increased and a number of tire
manufacturers of these imports have no U.S. manufacturing presence.
NHTSA must do everything possible to ensure that the manufacturers and,
in some cases, the importers of these tires are complying with the
reporting requirements of the TREAD Act's Early Warning Reporting
System. Companies required to report that fail to do so could put
consumers at risk by denying NHTSA important product performance and
safety information. Furthermore, companies that fail to comply are at a
competitive advantage versus those who have invested the resources
necessary for compliance.
The U.S. Customs Service has access to confidential import data
that can determine what country of origin and type of product enters
our Nation. NHTSA receives confidential information from companies on
fatalities, injuries and property damage claims. If a company fails to
file under the early warning system, NHTSA may not know that company
exists. Customs Service data may be able to fill any gaps missing from
the NHTSA early warning information.
Do you believe there could be more coordination between NHTSA and
Customs to ensure that all tire companies required to report data under
the Early Warning Reporting System are doing so?
Answer. I believe that NHTSA should do everything possible to
ensure that manufacturers and tire importers are in compliance with the
provisions of the TREAD Act. As you may know, I was a former senior
official at the U.S. Customs Service, serving as the Assistant
Commissioner from January 2002 until March 2003. If confirmed as
Administrator, I would be pleased to reach out to my former colleagues
and explore what options may be available for sharing information
related to tire importation.
______
Response to Written Questions Submitted by Hon. Maria Cantwell to
David C. Sanborn
Question 1. As you know, the Jones Act requires vessels carrying
cargo within the United States to be built in the United States,
documented and regulated under United States law, and owned by U.S.
citizens. In addition, the Jones Act requires that all officers and 75
percent of the crew must be U.S. citizens.
What are your views regarding the Jones Act and related cabotage
laws?
Answer. Senator, I support the Jones Act completely, and the
cabotage laws as they are legislated.
Question 2. The United States Maritime Administration (MARAD) is
currently promoting short sea shipping as a means of transporting
freight throughout the United States and North America. Defined as
commercial waterborne transportation that does not transit an ocean,
short sea shipping uses inland and coastal waterways to move freight.
It has been the Bush Administration's longstanding policy that Short
Sea Shipping should be implemented in a manner consistent with the
Jones Act and other cabotage laws.
Do you support this policy?
Answer. Senator, I support development and expansion of a short sea
shipping policy in the United States. I do agree that this should be
developed under the umbrella of the Jones Act and cabotage laws as they
exist today.
Question 3. Are there any reasons why those who support the Jones
Act should be concerned about your appointment as U.S. Maritime
Administrator?
Answer. Senator, I support the Jones Act. If I am confirmed as
Maritime Administrator I will continue to support it and use it to try
and grow our Merchant Marine. I see no reason that this position would
run counter to other supporters of the Jones Act.
______
Response to Written Questions Submitted by Hon. Daniel K. Inouye to
Tyler D. Duvall
Question 1. In the Motor Carrier Safety title of SAFETEA-LU, a
provision (section 4142) was inserted by the Conferees providing the
Secretary with an opportunity to review transportation broker
registration requirements. It has been reported that DOT may use this
authority to exempt all brokers, other than household goods brokers,
from registering without a careful review of the impacts of a blanket
exemption through a formal regulatory proceeding.
As Assistant Secretary, what would your position on this issue be?
Are you aware that both shippers and carriers that use brokers believe
that DOT registration is an important commercial safeguard? Does the
Department continue to stand by the assertion made in the supporting
documentation accompanying section 4007 of the DOT's original SAFETEA
proposal stating that this is ``an issue for the Secretary to consider
through notice and comment rulemaking?''
Answer. I am aware that carriers that use brokers believe that DOT
registration is an important requirement. I have not discussed the
matter with any shippers.
I am not aware of the supporting documentation referred to in the
question. Now that SAFETEA-LU is law, I would expect that the General
Counsel will find that interpretation of the existing statutory
language is the most important consideration.
______
Response to Written Questions Submitted by Hon. Daniel K. Inouye to
David C. Sanborn
Question 1. U.S.-flag cargo preference laws for U.S. Government-
impelled cargoes provide an essential base of cargo for the U.S.
Merchant Marine. Cargo preference enables vessels to remain under the
U.S. flag and thus available with vessels and crews for national
defense sealift. In the past, the emergency contingency provision to
our cargo preference laws have been used to justify shipping cargo via
foreign flag, even when U.S. flag vessels are available and ready to
transport at competitive rates. This has been particularly prevalent
for U.S. food aid shipments. Furthermore, contractors and U.S.
Government contracting officers are often not even aware that U.S. flag
preference applies.
What will you do, as Maritime Administrator, to strengthen
compliance with and oversight of cargo preference? Should MARAD's
authority be strengthened in cargo preference compliance and oversight?
Would you support legislation or interagency memorandum of
understanding to clarify policies with respect to so-called ``emergency
shipments?''
Answer. Senator, firstly I want to say that I support mandated
cargo preference laws, as currently legislated. I am not specifically
familiar with instances where flag impelled cargo has shipped aboard
foreign flag vessel when U.S. flag vessels were available. I would like
to have the chance to investigate the details more fully. I do believe
it is the accountability of the Maritime Administration to ensure that
this does not happen. If I am confirmed as the Maritime Administrator I
would work to ensure that MARAD is corresponding openly and proactively
with the contractors and government contracting officers to ensure that
when such cargo is available it is shipped on board U.S. Flag vessels,
exclusively, if the vessels are available. I support all appropriate
steps to strengthen the role of MARAD in compliance and oversight of
cargo preference. I would also work to clarify policies both internally
and with other agencies with respect to policing the process of
decisions to allow for ``emergency shipments'', and ensure that they
are granted only where appropriate.
Question 2. I see from your resume that you have considerable
experience in shipping logistics and port operations. How will you
utilize your expertise to administer programs for the Maritime
Administration? What role do you see for the Maritime Administration in
formulating the Department's freight policy?
Answer. Senator, this area is of particular concern to me, and one
that needs immediate prioritization. If I am allowed to take on the
role of Maritime Administrator I would, firstly, examine how we are
organized within the agency to provide technical support and assistance
to all entities within the cargo supply chain. My intention would be to
make appropriate changes so that we can be a ready access for support
to our customers--government and commercial. Secondly, I would use the
contacts I have been able to establish as a leader within the industry
to pull together the senior level personnel from terminal operating
companies, liner shipping companies, railroads, organized labor, and
other components of intermodal cargo operations to begin a thorough
dialogue on what we can do, together, to determine specific steps on
how we are going to make our intermodal cargo movement smoother and
more capable of handling the increasing volumes of cargo we are going
to be seeing starting almost immediately.
I see MARAD as one of the most critical agencies in ensuring that
our capabilities for moving freight match up with our freight policies.
If I am the future Maritime Administrator I will take a senior
leadership role in working with all component government agencies and
the Committee in carrying out our National Freight Policy.
______
Response to Written Questions Submitted by Hon. Barbara Boxer to
Nicole R. Nason
CAFE
The President said in his State of the Union Address, ``Americans
are addicted to oil.'' One way to end this addiction is to increase
Corporate Average Fuel Economy (CAFE) standards.
Question 1. Do you personally support increasing fuel economy
standards for cars?
Answer. NHTSA intends to issue a new rulemaking CAFE standard for
light trucks by April, 2006. Although this rulemaking does not affect
cars, if I am confirmed, I would be interested in working with you and
the other Members of the Committee regarding possible reforms to the
passenger vehicle requirements that would result in greater fuel
savings for cars.
Question 3. NHTSA's proposal for increasing CAFE standards will
have modest results. According to the Sierra Club, the proposal will
only save six days worth of oil.
Do you think that NHTSA's proposed fuel economy for light trucks is
strong enough?
Answer. The agency has been working diligently to have a new CAFE
rulemaking for light trucks completed by April 2006. I have read
several of the public comments regarding this open rulemaking, and I am
aware of the concerns raised by environmental and safety advocacy
groups. For example, some commenters stated that they believe the CAFE
stringency levels are not high enough. If I am confirmed before this
rulemaking is completed, I will direct the agency to explain to me how
they addressed these comments in the proposed final rule to determine
the strong benefits the rule will provide.
Question 4. NHTSA has not taken an active role in CAFE standards
for passenger cars.
If you become NHTSA Administrator would you advocate for increasing
CAFE standards for passenger cars?
Answer. As I noted above, the light truck CAFE rule is due April
2006. If I am confirmed as Administrator, I would be interested in
working with you and the other Members of the Committee regarding
possible reforms to the passenger vehicle requirements that would
result in greater fuel economy.
Letter to DOT
Question 5. In December, I wrote a letter with ten other Senators
to Secretary Mineta concerning NHTSA's effort to weaken state authority
to improve air quality and curb climate change emissions. This is part
of NHTSA's CAFE rule that states that Federal law preempts California's
rules. I asked that the language be withdrawn.
Originally, I was told that my letter was being treated as part of
a FOIA request that the State of California submitted. Then, after
further discussions, I was told that the letter was not a FOIA request.
I received a response from Secretary Mineta that my letter is being
considered as part of the rulemaking and none of the issues in the
letter were responded to. If you are confirmed as NHTSA Administrator,
will you answer my letter and tell me and the other ten Senators
whether the language will be withdrawn. And, if the answer is no,
explain why.
Answer. If confirmed as Administrator, my goal will be to answer
all Congressional inquiries in a timely manner. As the Assistant
Secretary, I am aware of how important it is to respond to you and all
Members. I have also read several of the public comments to the
proposed light truck CAFE rule and am aware of the numerous concerns
raised by several different groups. I know that some commenters opposed
the preemption language, and that such language would impact your home
State of California. If confirmed before the final rule is issued, I
will review the decision to include the preemption language in the
proposal and respond within my legal authority to you and the other ten
Senators.
______
Response to Written Questions Submitted by Hon. Daniel K. Inouye to
Nicole R. Nason
Question 1. I understand that studies have shown that regular
inspection of automotive ride control systems every 12,000 miles, and
replacement as necessary, greatly increases the operational safety of a
vehicle. I also understand that most consumers are not aware of the
dangers of operating a vehicle with worn shocks. Given that NHTSA
operates an outstanding website, www.safercar.gov, providing safety
information related to tires, air bags, and rollover, would you please
share your thoughts on providing consumers with information on the need
for regular undercar safety inspections that would include regular
inspection and replacement of shocks as necessary.
Answer. Cars that are well-maintained are not only safer, but more
fuel efficient. If confirmed, I will use all available tools, including
the website, to encourage consumers to have their vehicles inspected
regularly and keep them well-maintained.
Question 2. Can you please share your thoughts on the need for a
``safety triangle'' inspection that checks critical interconnected
system components that control vehicle steering, stopping, and
stability?
Answer. As noted above, I believe cars should be regularly
maintained and, if confirmed, I will encourage owners to check vehicle
components regularly for safety.
Question 3. Assuming that a vehicle is only as strong as its
weakest component and just one worn part could diminish control and
compromise safety, would you agree that vehicle safety inspections
should go beyond tires and brakes to include shocks, struts and
springs, tie rod ends, ball joints and a host of other suspension and
chassis points? If so, would you promote the inclusion of consumer
information on the www.safercar.gov website promoting such inspection?
Answer. If confirmed, I would use www.safercar.gov to provide
consumers with all necessary information. I would also encourage them
to have their cars inspected regularly.
Question 4. With NHTSA promulgating a rule to require that newly-
manufactured vehicles be equipped with Electronic Stability Control,
would you agree that the rule should allow for competition among
various technologies?
Answer. I believe NHTSA's rules whenever possible should be
performance-based rather than design-based.
______
Response to Written Questions Submitted by Hon. Frank R. Lautenberg to
Nicole R. Nason
Question 1. Do you believe that the repeat offender program is
effective (23 U.S.C. 164)? If not, what do you recommend in the way of
legislative or administrative changes?
Answer. I believe that repeat offenders are some of the greatest
threats to America's roads. If confirmed, I intend to review the
agency's authority carefully to ensure that NHTSA is doing all it can
to keep repeat offenders off the roads. I also believe there were
significant additional tools provided by the Congress in SAFETEA-LU and
I will work closely with the States to implement the new grant
programs.
Question 2. If confirmed, what do you plan to do to stem the 17,000
alcohol-related fatalities that occur annually?
Answer. In 1979, my parents were hit by an alcohol-impaired driver.
It was a bad crash, yet the driver was charged only with ``failure to
yield.'' Although laws and societal attitudes have come a long way
since then, there is much more work to be done. I believe that many
tools included in SAFETEA-LU, such as the Alcohol-Impaired Driving
Countermeasures grant program, can aid in the effort to reduce alcohol-
related fatalities. I also believe that a stronger focus on teen
driving can help reduce these fatalities, as teens are among the most
likely age group to drink and drive.
Question 3. Do you feel it is NHTSA's role to advocate
``sanction''-type legislation, which would encourage states to enact
life-saving legislation by withholding Federal transportation funding
until these laws are enacted?
Answer. I believe that NHTSA should work in close partnership with
the States and encourage legislatures to pass important life-saving
legislation, such as primary belt laws. I believe that reducing highway
fatalities requires a multi-step approach. I fully support all of the
new programs and rulemakings created by SAFETEA-LU, but I also know
that education plays an important role. If confirmed as Administrator,
I will work closely with our State partners, to ensure that they are
aware of the many new grant monies available to them to help reduce
injuries and deaths on the roads.
Question 4. Do you feel it is NHTSA's role to advocate
``transfer''-type legislation, which would encourage states to enact
life-saving legislation by mandating a transfer of Federal
transportation construction funding to transportation safety programs
in the absence of such enactments?
Answer. As I noted above, I believe that NHTSA should work in close
partnership with the States to encourage legislatures to pass critical
safety legislation. I also believe that States should be able to have
greater flexibility, to allow funds to flow to data-determined safety
needs. If confirmed as Administrator, I will work closely with my
colleagues in the Federal Highway Administration to ensure that Federal
safety grant programs are as integrated as possible.
Question 5. What do you feel NHTSA's role is encouraging states to
pass life-saving legislation, including tougher teen driving laws,
drunk driving laws, and motorcycle helmet usage laws?
Answer. I believe that NHTSA has a critical role to play and should
actively encourage, within all appropriate legal restrictions, the
passage of significant life-saving legislation.
Question 6. Do you support a national standard for motorcycle
helmet usage?
Answer. Many years ago, my father was the Lieutenant in command of
the Motorcycle Highway Patrol and I grew up acutely aware of motorcycle
safety issues. Every member of my family, including my father, believes
that he is alive today because he was wearing his helmet when his
motorcycle went down after a malfunction. He still has the helmet with
the crack along the back where his head hit the road. I know that there
are some who disagree, but I believe that motorcycle helmets save
lives. I think that NHTSA should work closely with the States on this
important issue and I fully support the Motorcycle Safety grants
program contained in SAFETEA-LU.
Question 7. Do you support a national standard for high-BAC
drivers?
Answer. Yes, I believe that high-BAC drivers are among the most
dangerous.
Question 8. If confirmed, what attention will you give National
Transportation Safety Board recommendations?
Answer. I have great respect for the National Transportation Safety
Board and, if confirmed, I will give their recommendations serious
consideration.
Question 9. If confirmed, what percentage of your time and effort
will be spent pursuing initiatives designed to encourage states to pass
tougher safety laws?
Answer. I believe one of the most important roles for the NHTSA
Administrator is to make the States aware of the many new tools created
by SAFETEA-LU. For example, the safety belt performance grants. While I
cannot give a percentage, if I am confirmed, I will work diligently to
encourage passage of important life-saving safety legislation.
Question 10. If confirmed, how will you help prevent motorcycle
rider deaths in the U.S.?
Answer. As I noted above, I believe the Motorcycle Safety grants
program passed by SAFETEA-LU can help save lives by encouraging such
things as rider training courses, awareness programs, and reductions in
alcohol or drug impaired driving. I will also work to continue to
educate regarding the benefits of motorcycle helmets.
Question 11. If incentive grants and active advocacy approaches by
NHTSA do not prove effective in influencing states to enact important
safety laws, such as those in areas you identified as priorities (teen
driving, drunk driving, motorcycle safety), do you believe NHTSA should
push for sanction-type legislation? If so, at what point should this
change be made?
Answer. I believe that the incentive grants and active education
programs are already working, as evidenced by the several success
stories just since the beginning of this year. States such as
Mississippi and Alaska surprised many people and passed primary belt
laws in the first few weeks of 2006. If confirmed, I will work to pass
important safety-related laws, such as primary belt legislation, in all
States.
Question 12. What specific behavioral changes will you pursue in
order to make meaningful advances in the number of drunk driving
deaths?
Answer. If confirmed, I will use the new grant monies provided by
SAFETEA-LU to encourage states to have more frequent BAC testing,
promote high visibility enforcement and increase the use of DWI courts.
Question 13. What specific behavioral changes will you pursue in
order to make meaningful advances in the number of motorcycle deaths?
Answer. As I noted earlier, I believe a motorcycle helmet saved my
father's life. If confirmed, NHTSA will pursue rider education and
rider awareness programs. Also, I will work to encourage riders to wear
protective clothing and use other devices to make themselves more
visible to motorists.
Question 14. In your opinion, why do you think President Bush
nominated you for this position, given your admitted lack of direct
experience with administering highway traffic safety programs on any
level of government?
Answer. The previous Administrators of National Highway Traffic
Safety Administration have come from a variety of disciplines and had
wide-ranging backgrounds and experiences. I believe the element that
unites this disparate group of men and women is commitment and passion
for the agency and its mission. I share that commitment, and believe it
is the most important quality in any NHTSA Administrator.
In addition, I am an attorney with several years experience as
counsel for the House Judiciary Committee and I also managed two
separate offices within the Federal Government at two different
departments. Moreover, I spent the last three years at the Department
of Transportation working to ensure that Secretary Mineta's safety
priorities were contained in the final surface reauthorization
legislative package.
Question 15. In your opinion, why do you think President Bush and
Secretary Mineta recommend you for this position, given your
immediately prior work to oppose many of the safety requirements in the
SAFETEA-LU legislation?
Answer. As the Assistant Secretary for Governmental Affairs, I was
the lead liaison for Secretary Mineta and the Department regarding the
now passed SAFETEA-LU. I advocated on behalf of Secretary Mineta for
all of his top safety priorities, especially the creation of the
primary safety belt incentive grants program and the creation of a core
safety program at the Federal Highway Administration.
Question 16. Under SAFETEA-LU, NHTSA is tasked with completing many
rulemakings which will inevitable cost the auto manufacturing industry.
U.S. auto manufacturers are already in poor financial condition and are
having problems meeting pension obligations. What actions will you take
to ensure that NHTSA's forthcoming rules do not put the U.S. automakers
at a competitive disadvantage--costing them even more U.S. jobs--or
even have lasting financial impacts on them?
Answer. While I am sensitive to the economic concerns of the
industry, NHTSA's mission is to save lives and prevent injuries,
notwithstanding the financial state of any individual automobile
manufacturer. If confirmed, I will look for ways to improve safety
without imposing unnecessary economic burdens.
Question 17. If confirmed, what goals do you have for reforming
Federal CAFE standards?
Answer. As the Committee is aware, NHTSA administers the fuel
economy standards and is currently working on a light truck CAFE rule.
The agency intends to issue this new rule by April 2006. If confirmed,
I look forward to working with you and other Members of the Committee
regarding possible reforms to the vehicle standards that would result
in greater fuel savings.
Question 18. Do you believe the Federal Government should fund mass
media costs associated with nationwide highway traffic safety law
enforcement campaigns?
Answer. Yes.
______
Response to Written Questions Submitted by Hon. John D. Rockefeller IV
to Nicole R. Nason
Question 1. NHTSA Budget: The NHTSA budget has not changed very
much in the past few years. In fact, the budget has not even kept pace
with inflation despite the fact that each year there are nearly 43,000
motor vehicle fatalities and almost 3 million injuries at an annual
cost of $230 billion. This is a public health epidemic by any measure.
Motor vehicle deaths represent about 95 percent of all transportation
fatalities, yet the NHTSA budget represents less than 1 percent of the
entire DOT budget. As Administrator, what changes in agency priorities
and budgeting will you make to ensure that the vehicle safety-related
rulings enacted in the SAFETEA-LU legislation are completed on time?
Answer. I believe the Administrator needs to be a strong advocate
for her agency, and, if confirmed, I intend to work aggressively to
ensure NHTSA has a robust budget. In addition, my priority would be to
meet all of the deadlines mandated in SAFETEA-LU. If confirmed, I will
make such staff or budget changes as may be necessary to ensure that
the vehicle safety rulings are issued in a timely manner.
Question 2. Fatality Reduction Goals: NHTSA has set a goal of
achieving a 1.0 fatality rate per 100 million vehicle miles traveled
(MVMT) by 2008, just 3 years from now. However, recent decreases in the
fatality rate have only been incremental--it took five years to reduce
the fatality rate by just one-tenth of one percent, from 1.58 in 1998
to 1.48 in 2003. At the same time however, the actual number of highway
and traffic fatalities has increased almost every year since 1992,
reaching a total of 43,005 in 2002, the highest number of fatalities in
over a decade. Given this recent history, is the goal of attaining a
fatality rate of 1.0 death for every 100 MVMT by 2008 realistic? How
does the agency intend to achieve a rate of 1.0 by 2008? Which specific
policies and programs will contribute to achieving the goal? Which
specific policies and programs will have to significantly improve their
performance in the next 3 years, beyond their current contribution to
saving lives, in order to achieve the fatality rate goal?
Achieving a 1.0 fatality rate by 2008 is laudable but it will not
be viewed as a great accomplishment if the total number of actual
fatalities reaches or exceeds the recent high level of 43,000 deaths.
Back in a 1999 major safety oversight report, the U.S. DOT Office of
the Inspector General warned that safety goals based on rate reductions
could result in lower rates of deaths per 100 MVMT, but allow more
people to be killed each year. What is NHTSA doing to ensure that not
just the fatality rate, but the actual number of traffic deaths
decrease in the next 3 years? Why doesn't the agency also have a goal
for reducing the total number of persons killed each year in highway
traffic deaths? Why can't the agency set a goal to try to match, if not
exceed, the most recent low number of deaths that was last achieved
back in 1992, of 39,250 deaths each year?
Answer. The Secretary has established a goal of achieving a 1.0
fatality rate per 100 million vehicle miles traveled by 2008. I believe
that this is a laudable goal, even as it remains extremely difficult to
attain. The Secretary believes in setting the bar high, and if
confirmed as Administrator, I would work to encourage the team to
continue to reach for the highest level of achievement possible. Given
that this Administration has three years left in the term, it will be
necessary to pursue behavioral changes to see demonstrated improvement
in the fatality rate. (In the longer term, I believe that NHTSA can
lower fatalities through advancement in technologies, such as
electronic stability control systems.) However, in the short-term, the
agency will need to pursue aggressive improvements in the worst
performing areas, such as teen driving, alcohol-related fatalities and
motorcycles.
I also believe it is critically important to pursue decreases in
actual fatalities, not just in the rate of fatalities. (As the
Committee is aware, actual fatalities have decreased from 2002.) As I
noted in my opening statement, motor vehicle crashes are the leading
cause of death for people in the United States ages 3-33 and I believe
every life has value. If confirmed as Administrator, I will pursue
strategies to focus especially on those areas with the greatest need.
Increasing seatbelt use is the most effective way to save lives and I
intend to continue the good work that NHTSA has been doing in this
arena. The Secretary's goal in no way limits the agency; reductions in
the fatality rate and in actual numbers of traffic deaths are both very
important to me.
Question 3. Safety Background: If confirmed, in the 3 years of your
tenure as NHTSA Administrator approximately 126,000 people will die and
nearly 9 million more will be injured, at a cost of almost $700
billion. What are your top priorities to reduce this toll and how will
you achieve them?
Many previous NHTSA Administrators either had a substantive
background in traffic safety or were public health professionals? What
specific aspects in your professional background make you qualified to
lead the Nation's traffic safety agency? Name three safety issues that
you have promoted, or in which you have had a longstanding interest,
and provide the dates (or time periods) when you took actions in
pursuit of achieving those safety issues (goals).
In light of the fact that the Department of Transportation opposed
including many of the Title X vehicle safety-related rulings in
SAFETEA-LU, and that as Assistant Secretary for Government Affairs it
was your job to convey to Congress that opposition, what assurance do
we have that you will carry out the safety rulemaking requirements as
Congress intended?
Answer. The previous Administrators of National Highway Traffic
Safety Administration have come from a variety of disciplines and had
wide-ranging backgrounds and experiences. Federal Aviation
Administrator Marion Blakey came to NHTSA from the Office of Public
Affairs and U.S. Department of Treasury Secretary John Snow was the
Acting Assistant Secretary for Government Affairs prior to his role as
Administrator. Among the others were doctors, a chemist, a coal
industry regulator and an Army General. I believe the element that
unites this disparate group of men and women is commitment and passion
for the agency and its mission. I share that commitment, and believe it
is the most important quality in any NHTSA Administrator.
In addition, I am an attorney with several years experience as
counsel for the House Judiciary Committee and I also managed two
separate offices within the Federal Government at two different
departments. Also, as I noted in my hearing, I was raised in a family
focused on safety. My father was the police department Lieutenant in
charge of the motorcycle division when I was a young teen, and he
always emphasized personal responsibility and safety as a driver. He
supervised the very first STOP-DWI unit in the police department and he
was one of the first Motorcycle Safety Foundation certified
instructors. Thanks to him, I have been interested in and personally
committed to vehicle safety my entire life.
Nearly twenty years after my father taught me how to drive, I am a
parent myself. As the mother of two young girls, I am as concerned as
any parent is about the crashworthiness of the vehicle that carries my
children to and from their schools and playgroups. I believe that much
more can be done in the areas of parent education, and I intend to
focus on the use of car seats and booster seats if I am confirmed.
Finally, I have spent the last three years at the Department of
Transportation working to ensure that Secretary Mineta's safety
priorities were contained in the final surface reauthorization
legislative package. The centerpiece of that legislation was the
creation of a primary safety belt incentive grant program, and I
believe this grant program will make a difference and save lives. I
fully intend to follow both the letter and spirit of the law in
carrying out the safety rulemaking requirements of SAFETEA-LU if I am
confirmed as NHTSA Administrator.
Question 4. SAFETEA-LU Deadlines: It has been six months since
SAFETEA-LU was enacted. What specific actions has the agency taken to
implement and complete each of the vehicle safety-related rulings
included in Title X, Part C of that legislation? At this juncture, can
you assure the Committee that all the target dates in Title X, Part C
will be met within the stated time limits without requesting any
additional time?
Answer. The agency has begun to take action on all of the vehicle
safety-related rulemakings included in Title X, Part C of SAFETEA-LU.
The agency is currently on schedule to complete the rulemakings in a
timely manner. If confirmed, it is certainly my intention to ensure
that all deadlines are met and that no additional time will be
requested.
Question 5. Roof Crush: Last August, just after the SAFETEA-LU
legislation was enacted, NHTSA issued a proposed rule to amend the roof
crush resistance safety standard. It has been argued that the proposal
does not require very much improvement in vehicle roof strength for the
overall light vehicle fleet since data shows that most vehicles on the
road now--8 out of 10--would pass the proposed standard with no
improvement in current levels of roof strength. In fact, although NHTSA
identifies the at-risk population in roof crush crashes as 594 vehicle
occupants the agency's proposed rule would only save between 13 and (at
most) 44 lives. This proposal only prevents between 2 percent and 7
percent of the fatalities that the agency identifies as resulting from
roof crush. Why hasn't NHTSA proposed a better roof strength rule that
will save more lives?
In addition, the proposed rule does not meet the requirements of
SAFETEA-LU in several respects: the rule does not require an upgrade on
both the driver and passenger sides of each vehicle and it does not
give any consideration to including available dynamic tests. Also, the
rule does not cover rear seat passengers even though the agency
recommends that parents put their children in the back seat. Given
these shortcomings, does the existing proposed rule satisfy the
legislative directive in all respects? Do you plan to issue another
proposal that meets the requirements of SAFETEA-LU?
Answer. The NPRM for the roof crush rulemaking was issued in
August, 2005 and the comment period closed in November 2005. The agency
is currently considering all the comments. I am certainly aware of the
numerous concerns raised regarding this NPRM. If confirmed, I intend to
look carefully at this proposal and review the numerous comments--in
support and opposition--to the NPRM. I will also be sure to carefully
review the requirements of SAFETEA-LU to ensure that the agency is
complying with the law. If confirmed as Administrator, I will review
the rule carefully and consider all appropriate actions, including the
possibility of issuing a new proposal.
Question 6. Rollover: In 2003, over 10,600 deaths occurred in
rollover crashes. SAFETEA-LU requires rulemaking to establish
performance criteria to reduce rollover consistent with stability
enhancing technologies. Specifically, what performance criteria are
under consideration and what countermeasures and technologies do you
expect will be used to meet this safety standard? Will this rulemaking,
like the agency's proposed rule on roof crush, result in only a
marginal improvement in safety of between 2 percent and 7 percent? What
is your goal for reducing the number of annual rollover crash deaths
through the rulemaking required by SAFETEA-LU?
As you know, rollover crashes are a major problem in heavy truck
operations, especially for combination tractor-trailer rigs. What is
NHTSA planning to do to improve stability and control in large trucks
to build on its mid-1990s adoption of antilock braking systems (ABS)
for medium and heavy trucks? Will you consider adopting a stability
standard that will promote the use of Electronic Stability Control
(ESC) systems for large commercial motor vehicles?
Answer. NHTSA and the Department are working on the rollover
prevention rule and, if confirmed, I intend to have that NPRM completed
before the mandated October 1, 2006 date. Studies have indicated that
electronic stability control systems have the potential to save
thousands of lives a year. I am aware that NHTSA is working to develop
a performance test that will ensure that all vehicles equipped with
these systems deliver these safety benefits. While I don't have a
specific numeric goal for rollover, if I am confirmed, I would like
this to be an area where the agency significantly reduces deaths and
injuries during my tenure.
I am aware that NHTSA is currently conducting research into ESC
systems for tractor-trailers. Once NHTSA completes its research, I will
direct the agency to develop a follow-up plan.
Question 7. Electronic Stability Control: One of the most effective
technologies, if not the most effective technology, for rollover
prevention is electronic stability control (ESC). A study by the
Insurance Institute for Highway Safety has shown that ESC reduces fatal
single-vehicle crashes by 56 percent and all single-vehicle crashes
(both fatal and nonfatal) by 41 percent.
Because of the lifesaving possibilities that this technology
represents, Congress has mandated that NHTSA issue a rule to establish
performance criteria to reduce rollovers consistent with this stability
technology. While many automakers are already placing their own ESC
systems in vehicles, there is no way to know if these systems are
optimal for safety. As NHTSA Administrator, how will you ensure that
the performance criteria will not simply accept or grandfather all ESC
systems, regardless of effectiveness, that are now being installed in
vehicles? How will you assure that the ESC system installed in vehicles
produces the maximum amount of safety benefits for consumers and saves
the most lives?
Answer. I am aware that NHTSA has been conducting extensive
research regarding performance characteristics used for electronic
stability control systems. If confirmed, I will carefully review the
safety benefits of any systems currently operating in vehicles, and I
will ensure that the final rule will require significant safety
benefits.
Question 8. Ejection Mitigation: SAFETEA-LU also requires NHTSA to
establish performance standards to reduce complete and partial ejection
of vehicle occupants. Specifically, what performance criteria are under
consideration and what countermeasures and technologies do you expect
will be used to meet this safety standard?
Answer. I know that currently NHTSA is conducting research
regarding the occupant ejection prevention rule, although I am not
aware of the specific performance test criteria that the agency may
choose to use. If confirmed, I intend to have the final rule completed
on or before the mandated October 1, 2009 date.
Question 9. Door Locks: As part of the occupant ejection provision
in SAFETEA-LU, NHTSA is required to complete rulemaking on a pending
proposal relating to door locks. That proposed rule, however, appears
to emphasize global harmonization more than it improves safety in the
U.S. The rule only deals with only one very small part of the door
latch problem, preventing failure of latches on the sliding side doors
of vans. NHTSA began an effort to eliminate the early 1960s door latch
design back in the early 1990s, but no action has been taken since then
to propose an amended regulation. When do you plan to address door
latch failures in a comprehensive way? Will you finally act to upgrade
the lock and latch standard that has been shown for decades to lead to
open vehicle doors resulting in hundreds of ejection fatalities?
Answer. If confirmed as Administrator, I will evaluate the current
door lock activity and determine what additional efforts may be needed
to address the door lock latch problem.
Question 10. Older Drivers and Occupants: Studies have pointed to
the ``graying'' of America and the aging of the Baby Boom generation
that all experts agree will have a great impact on many aspects of
society, particularly in the area of public health and safety.
Unfortunately, I don't see that NHTSA is preparing for this reality in
terms of its vehicle safety standards. Nearly all occupant protection
requirements, including safety belts and air bags were originally
developed based on the ``average'' middle-age male prototype, and only
recently has the agency included requirements for smaller females and
children. There is still no crash test dummy that simulates what
happens to older citizens, who may be frailer and at greater risk in a
crash for injury and fractured bones than younger persons. In
developing the Federal motor vehicle safety standards what is NHTSA
doing to ensure that motor vehicles provide equal protection to our
older citizens in the event of a crash?
Answer. The aging of the Baby Boomers will certainly have a
significant impact on driver population. If confirmed as Administrator,
I will ask the agency to provide some recommendations regarding what
should be done with respect to older drivers in a crash test, including
consideration of a crash test dummy that may better simulate older
driver injuries.
Question 11. Pedestrian Safety: Research has found that when cars
and light trucks strike pedestrians the severity of the pedestrian
injuries is directly related to the design and energy-absorbing
features of vehicle front-ends including bumpers, fenders, and hoods. A
number of vehicle lines are already more ``impact-friendly''
specifically to protect pedestrians, and the European Economic
Community (EEC) is prepared to issue a standard to make front ends of
cars softer and more forgiving to protect pedestrians in collisions. In
the early 1990s, NHTSA was developing a proposal to improve vehicle
front-end protection for pedestrians but that rulemaking effort was
terminated 15 years ago. What actions or regulations has NHTSA pursued
in the last 5 years to improve the safety of pedestrians in collisions
with cars and light trucks? What actions will NHTSA take in the next 2-
3 years to ensure that all vehicles sold in the U.S. have the same
pedestrian-friendly safety design protections that are being used in
some current production models?
Answer. I am aware that NHTSA has been working with the
international community regarding pedestrian safety. Agency staff have
been participating through the United Nations to develop a global
technical regulation for pedestrian protection. Although statistically
there are greater pedestrian fatalities in Europe than in the United
States, it is still an area where NHTSA needs to demonstrate more
leadership to our world partners. If confirmed, the agency will
continue this important work.
Question 12. Passenger Vehicle and Bus Causation Studies: NHTSA is
embarking on a Passenger Vehicle Crash Causation Study, as well as a
Bus Crash Causation Study, modeled after the Large Truck Crash
Causation Study (LTCCS). The LTCCS has been strongly criticized for its
flawed study design by the Transportation Research Board (TRB), safety
groups, and the Centers for Disease Control and Prevention (CDC) that
reviewed the study design at the request of Congress. Among other
issues, concerns raised about the LTCCS include criticisms that the
study design collected and analyzed data without first formulating
research hypotheses, has inadequate data sample size, does not use
comparison or control groups to compare with the truck crashes that are
investigated, concentrates on finding only a single cause or ``critical
reason'' for each crash, and relies on subjective witness statements as
its primary data source for why crashes occurred. How does NHTSA intend
to accommodate the TRB and CDC findings and recommendations to avoid
these mistakes in research design in the Bus and Passenger Vehicle
Crash Causation studies? What specific changes are you making to the
study design to avoid these problems?
Answer. It is my understanding that the Bus Crash Causation study
is being carried out in conjunction with the Federal Motor Carrier
Safety Administration. With respect to both the Passenger Vehicle Crash
Causation study and the Bus Crash Causation study, I am told that the
NHTSA staff has taken into account the comments by the TRB and the CDC
on the Large Truck Crash Causation study. If confirmed, I will review
the issues raised by these groups.
Question 13. NCAP: Last year, NHTSA considered how to change the
frontal crash portion of the New Car Assessment Program (NCAP). Soon,
the belted frontal crash test will be performed at 35 miles per hour,
and be identical to the NCAP frontal crash test. In a recent report,
the Government Accountability Office (GAO) found that NCAP is assigning
4 or 5 stars to the great majority of light vehicles in its rollover,
side impact, and frontal crash ratings tests, making it difficult for
buyers to determine whether one vehicle is substantially different in
safety than another in these major types of crashes. ``Vehicle Safety:
Opportunities Exist to Enhance NHTSA's New Car Assessment Program,''
GAO-05-370 (April 2005). The GAO report emphasized that many vehicles
receiving 4 or 5 star ratings under the NCAP test methods are often
receiving lower ratings when a more demanding crash test is used by
private safety organizations. The GAO also recommended that NHTSA
explore adopting new types of crash tests and safety ratings in NCAP.
While NCAP has been an important consumer information program the
agency has not improved the frontal program in order to maintain its
relevance and stay ahead of events. As recently as December 2005, the
agency decided not to make ANY changes to frontal NCAP. Increasing the
test speed was considered--but not adopted. Adding an offset frontal
crash test was considered--but not adopted. Changing the way in which
star ratings are awarded was considered--but not adopted. And adding
new injury results was, again, considered--but not adopted. It seems
that NHTSA, once a leader in pursuit of its safety mission has become
intransigent to advancing safety. Where are the safety advances and
creative ideas for frontal occupant protection for the next generation
that Americans expect this agency to produce? How do you intend to
reverse this situation both in terms of frontal NCAP specifically and
the agency in general? What changes in NCAP will you implement to
address the GAO report?
Answer. I am concerned about the usefulness to consumers of NCAP
information and believe that the GAO report should be reviewed
carefully by the agency. I believe the program should allow NHTSA to
make meaningful distinctions between the safety performances of
vehicles, and I agree that NHTSA needs to consider possible changes to
ensure the value of the program. If confirmed, I will direct NHTSA to
do a complete review of the NCAP program and provide me with
recommendations, including consideration of changes to the frontal
test.
Question 14. Vehicle Incompatibility: For more than ten years NHTSA
has been aware of the problem of crash incompatibility between
passenger vehicles, especially when light trucks strike cars. As more
and more vehicles on the road are highly aggressive pick-up trucks and
SUVs, tenuous, voluntary automaker programs appear to be a sorely
inadequate response to this serious and growing source of highway
deaths and injuries. This area was identified as one of NHTSA's four
key program areas in priority plans several years ago. While the new
side impact standard will help to buttress a vehicle's self-protection,
little has been done to reduce the violence inflicted by the striking
vehicle in a crash. What action do you intend to take, and in what time
frame, to alleviate the problem and improve safety for occupants? What
research and funding would be necessary for the agency to develop a
more concrete plan to address incompatibility in crashes?
Similarly, there is a chronic problem of the mismatch in size and
mass between even the largest passenger vehicles and big trucks that
usually results in the deaths or severe injury of many passenger
vehicle occupants. As you know, although big trucks are only 3 to 4
percent of registered vehicles, they are involved in 13 percent of all
motor vehicle fatalities. When a big truck collides with a small
vehicle, 98 percent of the people who die in these crashes are in the
small passenger vehicles. NHTSA had a program in the 1990s to innovate
``forgiving'' safety designs for big trucks, especially their front
ends, so that the current rate of losses in passenger vehicles can be
reduced. Why was that effort terminated? Are you planning to revive it?
It seems that this is just as important a vehicle incompatibility
safety problem as it is between small cars and big SUVs and pickup
trucks.
Answer. Vehicle compatibility is a challenging technical issue and,
if confirmed, I will make it a top priority. I will ask the agency for
a complete review of the compatibility work to date, to better
understand what has been done and see what more remains to be
completed. Early in my tenure, I will ask the agency for a
comprehensive plan for moving forward that builds on what the agency
has learned and see what next research and funding steps are most
appropriate. Regarding large trucks, I am unfamiliar with the NHTSA
program from the early 1990s to modify front-end designs of trucks. If
confirmed, I will learn more about these efforts and determine what
next steps should be taken regarding the serious heavy truck safety
issue.
Question 15. Crash Avoidance Technologies Research: A number of
automakers are currently researching, developing and beginning to
install the next generation of active safety devices in vehicles.
Active safety systems include adaptive cruise control, lane departure
warning systems, pre-crash warning systems and rear detection systems,
as well as many other innovations.
NHTSA must take the lead in encouraging these safety developments
and assuring the devices help vehicle occupants avoid crashes. NHTSA
also must conduct research to determine which active safety devices
work best. Significantly, there are currently no performance standards
to guide consumers and automakers towards optimal performance of these
systems.
As Administrator, how would you work to guarantee that NHTSA is
ahead of the curve on these developing systems and what research and
rulemaking priorities would you develop for the agency in these areas?
How would you assure that new performance standards for these systems
are introduced in a timely fashion? How do you plan to quantitatively
measure the contribution to crash reduction, deaths, and injuries that
can be made by increasingly automating part of the driving task or
providing interactive information for the driver with highway features
and traffic events?
Answer. I agree that NHTSA must take the lead in encouraging
innovative safety developments and promoting new technologies. I am
aware that, in July 2005, NHTSA issued a Federal Register Notice
soliciting information on its new initiative, the Advanced Crash
Avoidance Technologies Program. This program will develop test
procedures to evaluate the performance of selected new safety systems
and perform the testing necessary to determine effectiveness. If
confirmed, I will closely monitor this project to ensure its value.
Question 16. Fuel Economy: In recent weeks, Ford announced a plan
to cut up to 30,000 jobs and close 14 plants in North America by 2012.
In November, General Motors announced a similar plan to cut 30,000 jobs
and close 12 plants in North America by 2008. Both automakers are in
dire financial straits and are quickly losing their market share to
foreign automakers.
A major reason for this loss of market share is that GM and Ford
invested in SUVs and other fuel-guzzling vehicles, which turn around a
fast and sizeable profit but do not sell well in these times of $2-$3 a
gallon gas prices. Some foreign manufacturers invested in more fuel-
efficient vehicles, and have paved the way for a future of improved
fuel economy with hybrid vehicles.
As Administrator, what role do you plan to play in promoting fuel
economy? What are your planned actions to encourage or require
significantly light truck and passenger vehicle greater fuel economy?
Answer. As the Committee is aware, NHTSA administers the fuel
economy standards. If confirmed, I will work with the other department
and administration officials who have responsibilities in this area.
Specifically, I will work with the Department of Energy regarding fuel
alternatives that may have an impact on fuel economy and with the
Environmental Protection Agency regarding tests and publication of
information.
In addition, NHTSA is currently working on a light truck CAFE rule.
The agency intends to issue a new rulemaking for CAFE standards for
light trucks by April 2006. If confirmed, I look forward to working
with the Committee to discuss possible reforms to the vehicle standards
requirement.
______
Response to Written Questions Submitted by Hon. Mark Pryor to
Tyler D. Duvall
Question 1. Mr. Duvall, according to projections the amount of
freight expected to travel on our highways, railways, waterways, and
airways is expected to double over the next 25 years. Currently, our
infrastructure needs are exceeding our capacity. We have a driver
shortage in trucks that is only expected to get worse with time. Our
highways are more congested than ever. Our railways are operating at
capacity, and our air traffic control systems are outdated and
overtaxed. Transportation costs for all industries are up across the
board. Even the recently passed highway bill, while an improvement,
will not be enough to address our short term transportation needs. What
is the Department's plan to address this coming infrastructure dilemma?
Answer. The challenges confronting all U.S. transportation systems
are substantial. Because the ownership, financial and institutional
arrangements for each of the networks mentioned are unique, there is no
single solution that can be applied broadly. The Department has focused
substantial attention on the performance and capacity of the Nation's
transportation infrastructure while recognizing that State and local
governments own a vast majority of transportation assets. The recently
enacted highway bill takes some positive steps in this regard. Over the
next several years, there is an opportunity to more fully demonstrate
successful approaches to reducing congestion and financing highway
infrastructure. These demonstrations will help lay the groundwork and
give context to an important policy discussion to take place in the
next several years. Fundamental questions related to the future of
Federal highway programs and the appropriate scope of Federal
involvement in surface transportation need to be addressed.
I look forward to working with your office as we look at these
pressing issues.
Question 2. What will your priorities be for the Department if you
are confirmed?
Answer. In addition to providing sound and timely advice to the
Secretary on policy matters, I would like to focus the policy office
more clearly on the two most pressing transportation challenges:
congestion and safety. Successfully combating congestion will require
that we do a better job prioritizing solutions based on effectiveness.
Successfully reducing the toll of transportation fatalities and
accidents will require (a) that we continually improve safety data and
(b) that we target resources more strategically in accordance with that
data.
Question 3. My state is home to a very successful driver training
school in Newport, Arkansas, that issues temporary Commercial Driver's
Licenses. This program benefits many of the small and medium size
trucking businesses in Arkansas. The question has arisen as to whether
or not these temporary CDLs are valid in other states. What is FMCSA
doing to clarify this situation? Does the Department have an overall
policy to address the current driver shortage?
Answer. Temporary CDLs may be used to operate the appropriate class
of commercial motor vehicle anywhere in the United States. FMCSA does
not anticipate taking compliance actions at this time so long as there
are no safety implications. In the future, FMCSA plans to pursue a
regulatory action to clarify the ``domicile'' issue.
The Department's main policy focus to date with respect to the
driver shortage has been to provide training grants and regulatory
flexibility with respect to training (so long as no safety issues are
implicated). This is a matter that merits broader attention within the
Department.
Question 4. What is the current role of the Office of Policy and
the Assistant Secretary for Transportation Policy? Do you believe the
Office of Policy has been an effective leader of transportation policy
Department wide? What proposals emanating from the Office of Policy
have become regulation or law in the past two years?
Answer. The Office of Transportation Policy, under the Office of
the Under Secretary for Policy, provides policy advice to the Secretary
of Transportation and coordinates major Departmental policy
initiatives. As the head of the Office of Transportation Policy, the
Assistant Secretary for Transportation Policy oversees approximately 30
transportation policy professionals with expertise in policy areas
ranging from infrastructure, mobility, safety, freight and logistics,
environment, energy and technology.
In some areas, the Office of Policy has been quite effective at
leading Departmental policy initiatives. The Office successfully
coordinated development of the Administration's proposals and various
policy statements related to the reauthorization of surface
transportation programs. The Office has been a leader in encouraging
the formation of public-private infrastructure projects, one of the
fastest and most significant trends in U.S. transportation. The Office
headed up the Department's participation in development of the
President's GPS policies.
The Office of Policy was integral in developing most of the
Administration's proposals and policies in connection with the surface
transportation reauthorization bill. The Office of Policy has also
played an important role in assisting NHTSA develop light truck fuel
economy rule proposals.
Question 5. Searcy, Arkansas, is one of the fastest growing
communities in Arkansas. In 1996, an Automated Service Observation
System (ASOS) was installed to provide weather to the Searcy airport.
This system is now outdated and in great need of repair, but from our
conversations with the FAA, parts are no longer made for this type of
system. In the meantime, Searcy struggles to keep the system
operational.
If Searcy loses the ASOS, they will lose capabilities essential to
the airport and city's growing needs. We have been working with the FAA
to address this problem, but can you give me your assurance, that if
confirmed, you will continue to work with my office, the FAA, and the
Searcy airport to address their problem?
Answer. Yes, if confirmed, I would be pleased to work with your
office, other offices in the Office of the Secretary and the FAA to
address Searcy's problem. I understand that this is a very important
issue to the community.
Question 6. I am interested in any plans the FAA may be working on
to co-locate air traffic control towers and TRACON facilities. Can you
briefly address that and will you keep me informed on any plans the FAA
may be working on toward those ends?
Answer. Although this is not my area of expertise, I understand
that it is the FAA's policy to consider relocating the TRACON whenever
the construction of a new air traffic control tower is considered. This
policy is pursued in order to improve efficiency without compromising
safety. I will work with our Congressional affairs representatives to
keep you informed of any relevant plans the FAA may be working on this
regard.
______
Response to Written Questions Submitted by Hon. John F. Kerry to
Tyler D. Duvall
Question 1. As Assistant Secretary for Transportation Policy, you
will have considerable influence over the Department's Amtrak policy.
In 2003, the President unveiled an Amtrak Reform Plan that called for
states to cover fifty percent of Amtrak's operation and infrastructure
costs and contract with private companies to run the service. Last
fall, the Amtrak Board of Directors passed a resolution stating its
intention to separate the Northeast Corridor from Amtrak and create a
subsidiary that would take title of the infrastructure and
responsibility for its maintenance.
As the Acting Assistant Secretary for Transportation Policy, and
before that the Deputy Assistant Secretary, to what degree were you
involved in the development of the President's Amtrak reform plan?
Answer. I did not have significant involvement in the development
of the President's reform plan
Question 2. Do you view this plan as a viable option for Amtrak's
long term solvency?
Answer. Many of the core principles articulated in the plan are
sound. I believe the Federal Government should be looking aggressively
for ways to increase the return (including social benefits and costs
into the investment calculus) on its substantial passenger rail
investment while also laying the groundwork for development of a system
that better serves customers and expands travel choices in the future.
Question 3. Do you believe that the states should absorb more of
the costs of running the service?
Answer. I believe that states must be important partners with the
Federal Government in devising any Amtrak reforms. One of the long run
objectives of any reform proposal should be to improve the financial
self-sufficiency of the network by attracting more customers and
targeting services more appropriately to the needs of those customers.
If this objective is achieved, cost burdens for all levels of
government should diminish over time, not increase.
Question 4. Do you agree or disagree with the Board's decision to
move forward with separating the Northeast Corridor infrastructure from
Amtrak? If you agree, could you explain in detail the supposed benefits
of this plan?
Answer. I believe Amtrak's Board of Directors should be analyzing
all business options that have the potential to improve performance. It
remains to be seen if a decision to create a new Amtrak subsidiary will
improve performance.
I agree with giving the Board of Directors the right to make such
management decisions. Whether the decision proves to be the correct one
remains to be seen. Establishing clear business lines, adding
accounting transparency and creating more management accountability for
specific business segments are all standard corporate management
concepts that have worked well for various companies in the past.
______
Response to Written Questions Submitted by Hon. Frank R. Lautenberg to
Tyler D. Duvall
Question 1. You stated that the capacity constraints on the
transportation system are due to the strain caused by our vibrant
economy--what role does outsourcing of work by U.S. firms to
international locales play in the added transportation sector activity?
Other than the transportation sector activity, what overall economic
indicators would support your assessment of a ``vibrant economy''? Does
the creation of U.S. jobs play a role in your transportation
policymaking?
Answer. While there has indeed been rapid growth in outsourcing,
the overall level of outsourcing is still small relative to broader
U.S. economic activity. As a result, outsourcing likely produces a
relatively minor impact on U.S. transportation systems. The largest
strains derive from (1) growth in population, employment and vehicle
miles traveled in urban and suburban areas that have not seen similar
increases in physical capacity or operational improvements and (2)
rapid growth in domestic and international trade in goods and services.
The U.S. economy completed its third year of strong expansion in
2005. Most macroeconomic indicators continued to move in a positive
direction. Real GDP growth was 3.5 percent and faster than any other
major industrialized countries; unemployment fell from 5.2 percent to a
historically low 4.7 percent; almost 2 million jobs were created; and
household net worth reached a record level. In the past three months
alone, job growth has averaged 225,000 a month. Average hourly earnings
are now growing at a 3 percent year-over-year pace. A recent survey of
economists calls for first quarter GDP growth in excess of 4 percent.
I believe that an efficient and productive U.S. transportation
system is a critical underpinning of continued U.S. job creation. The
combined presence of the world's greatest transportation infrastructure
and the world's most competitive private sector transportation service
providers has created millions of jobs and provided enormous welfare
benefits to our country.
Question 2. What was your role in the formulation of the
Administration's policy on Federal funding for Amtrak in FY06?
Answer. I played little or no role in the formulation of the
Administration's policy on Federal funding for Amtrak in FY06. The
Assistant Secretary for Transportation Policy at the time was the
office lead for intercity passenger rail policy matters.
Question 3. From your previous statements, I take it you do not
believe that intercity rail is a vital component of a balanced U.S.
passenger transportation system. In your opinion, should any analysis
for evaluating whether Federal support for intercity rail include an
estimation of congestion, environmental, security/emergency
preparedness, and other public benefits which are not readily nor
easily quantifiable?
Answer. As I have stated previously, I do in fact believe that
intercity passenger rail can be a vital component of a balanced U.S.
passenger transportation system if the funding and service framework
can be significantly improved. Moreover, I do believe that it would be
appropriate to account for external benefits such as those mentioned.
Question 4. How will you provide better coordination between policy
offices at individual agencies and the OST policy office?
Answer. Establishing more regular communications and creating a
sustainable process for the development of policy priorities are the
two most important pre-conditional elements to successful coordination.
In setting up these elements, it is imperative that goals and
priorities be established. Without such goals and priorities, process
itself will become the objective (as opposed to sound policymaking).
Question 5. If confirmed, how will you address long-term freight
capacity concerns? Will you include regular briefings for Congressional
Committees of jurisdiction in any initiatives involving such efforts?
Answer. The Department is currently working on the development of
freight policies that will address long-term freight capacity concerns.
I believe that freight issues are central to the Department's mission,
and we are also working across the modes to ensure that these issues
remain central to all future DOT's policymakers. If confirmed, I look
forward to working with you on this issue.
Question 6. I understand you came to work in the transportation
sector four years ago. What experience do you have in public
administration of the programs you will be responsible for proposing,
which affect every state, district, territory and locality in our
country?
Answer. I did not have any specific experience in either the
industry or as a policymaker prior to joining DOT at the beginning of
2002. Growing up in the Washington, D.C. area, however, I have always
been interested in the role that transportation plays in the economy
and people's quality of life. I became even more intrigued with the
economics of transportation in college. I came to recognize that the
role of government policy makers is as critical in transportation as in
any major field. As a corporate lawyer, although I did not specifically
work on transportation industry transactions, I came to appreciate the
manner in which major business decisions are executed in the U.S. I
also obtained a better understanding of the centrality of financial
markets and how those markets are used to allocate risk and
opportunity. Because so much of the success of the U.S. transportation
system depends both on these business decisions and these markets, my
law firm experience has greatly enhanced my ability to work in the
policy office. Finally, legal training in contracts law, property law,
tort law, constitutional law and other core legal subject matters has
proven invaluable.
Question 7. You've stated congestion and highway safety are the top
two significant challenges you see for DOT. Do you feel DOT has a role
in ensuring the mobility needs of seniors are met? If so, what is that
role, and if confirmed, how will you carry out such role?
Answer. I believe DOT has a vital role to play with respect to
senior mobility needs. There is no question that changing demographics
in America will greatly impact our transportation system. I believe we
need to assess many of our existing mobility regulations and programs
to see whether they are presently designed to meet this challenge or
whether reforms are necessary. A significant amount of work needs to be
done to raise awareness both within the building and with outside
stakeholders. I believe innovative approaches exist, but we must begin
devising these approaches now.