[Senate Hearing 110-1112]
[From the U.S. Government Publishing Office]
S. Hrg. 110-1112
NOMINATIONS TO THE DEPARTMENT OF
TRANSPORTATION, AMTRAK REFORM BOARD,
AND THE SURFACE TRANSPORTATION BOARD
=======================================================================
HEARING
before the
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED TENTH CONGRESS
FIRST SESSION
__________
DECEMBER 18, 2007
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED TENTH CONGRESS
FIRST SESSION
DANIEL K. INOUYE, Hawaii, Chairman
JOHN D. ROCKEFELLER IV, West TED STEVENS, Alaska, Vice Chairman
Virginia JOHN McCAIN, Arizona
JOHN F. KERRY, Massachusetts TRENT LOTT, Mississippi
BYRON L. DORGAN, North Dakota KAY BAILEY HUTCHISON, Texas
BARBARA BOXER, California OLYMPIA J. SNOWE, Maine
BILL NELSON, Florida GORDON H. SMITH, Oregon
MARIA CANTWELL, Washington JOHN ENSIGN, Nevada
FRANK R. LAUTENBERG, New Jersey JOHN E. SUNUNU, New Hampshire
MARK PRYOR, Arkansas JIM DeMINT, South Carolina
THOMAS R. CARPER, Delaware DAVID VITTER, Louisiana
CLAIRE McCASKILL, Missouri JOHN THUNE, South Dakota
AMY KLOBUCHAR, Minnesota
Margaret L. Cummisky, Democratic Staff Director and Chief Counsel
Lila Harper Helms, Democratic Deputy Staff Director and Policy Director
Christine D. Kurth, Republican Staff Director and General Counsel
Paul Nagle, Republican Chief Counsel
C O N T E N T S
----------
Page
Hearing held on December 18, 2007................................ 1
Statement of Senator Carper...................................... 4
Statement of Senator Inouye...................................... 1
Prepared statement........................................... 1
Statement of Senator Lautenberg.................................. 41
Prepared statement........................................... 42
Statement of Senator Nelson...................................... 2
Statement of Senator Smith....................................... 6
Statement of Senator Stevens..................................... 4
Witnesses
Johnson, Carl T., Nominee to be Administrator, Pipeline and
Hazardous Materials Safety Administration, DOT................. 6
Prepared statement........................................... 7
Biographical information..................................... 8
Martinez, Hon. Mel, U.S. Senator from Florida.................... 2
Mulvey, Ph.D., Hon. Francis P., Renominated to be a Member,
Surface Transportation Board................................... 29
Prepared statement........................................... 30
Biographical information..................................... 31
Naples, Nancy A., Nominee to be a Member, Amtrak Reform Board.... 14
Prepared statement........................................... 15
Biographical information..................................... 15
Stutler, Jr., Denver J., Nominee to be a Member, Amtrak Reform
Board.......................................................... 22
Prepared statement........................................... 23
Biographical information..................................... 23
NOMINATIONS TO THE DEPARTMENT OF
TRANSPORTATION, AMTRAK REFORM BOARD,
AND THE SURFACE TRANSPORTATION BOARD
----------
TUESDAY, DECEMBER 18, 2007
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 11 a.m. in room
SR-253, Russell Senate Office Building, Hon. Daniel K. Inouye,
Chairman of the Committee, presiding.
OPENING STATEMENT OF HON. DANIEL K. INOUYE,
U.S. SENATOR FROM HAWAII
The Chairman. The hearing will please come to order. It is
my great pleasure and honor to introduce a most honorable
Member of the Senate from the State of Florida, Senator
Martinez.
[The prepared statement of Senator Inouye follows:]
Prepared Statement of Hon. Daniel K. Inouye, U.S. Senator from Hawaii
Each of the nominees before us are slated to fill important posts
critical to the future of America's transportation system. From
ensuring the safety of the country's pipelines to overseeing the
management of the Nation's passenger railroad, the work you will
perform at each of your respective agencies, should you be confirmed,
will help ensure that America's transportation system remains a global
leader which supports our vibrant economy and great tradition of
efficient travel and mobility.
The positions each of you have been appointed to come with unique
challenges:
The Administrator of the Pipeline and Hazardous Materials
Safety Administration (PHMSA) must continue to chart a course
for the Department of Transportation's (DOT) newest safety
agency that will improve the safety and security of our
pipeline and hazardous materials transportation systems.
Several recent pipeline accidents have highlighted the
importance of this task, and we are looking for strong
leadership at this agency, as well as a commitment to fully
implementing the important safety provision enacted into law by
this Committee in the Pipeline Inspection, Protection,
Enforcement and Safety Act of 2006 (PIPES Act).
Amtrak Board Members must continue the progress made over the
last several years toward an efficient and effective national
passenger railroad, while working with the Congress to
reauthorize the railroad, gain stable and adequate funding, and
promote new investments that can unlock the promise of rail
service in new corridors.
Members of the Surface Transportation Board must balance the
growing need for new and expanded capital investment in the
freight rail industry against the equally legitimate goal of
ensuring reasonable and fair prices and services for railroad
customers.
Add to each of these individual challenges the government-wide
budget restraints brought on by historic deficits and the continual
demands to improve safety and mobility, and your work is truly cut out
for you.
I look forward to hearing your perspectives today as we examine
your credentials and views, and I thank each of you for your commitment
to public service. Should you be confirmed, I can assure you that we
will be in touch regularly.
As well, I would like to note that Mr. Carper has had a family
emergency this morning. We will keep him in our thoughts. We have heard
nothing negative about his nomination, and unless there is an
objection, it is my plan to consider his nomination at an executive
session along with the other nominees on the panel.
STATEMENT OF HON. MEL MARTINEZ,
U.S. SENATOR FROM FLORIDA
Senator Martinez. Mr. Chairman, thank you very, very much.
It's a real pleasure to be before you and Members of your
Committee.
And I'm here for the great pleasure and honor to introduce
to the Committee a fellow Floridian, a fellow who has devoted a
great deal of time to serving the people of my state. Denver
Stutler is currently the President of Stutler Strategies,
Incorporated, and a Founding Member of Perkins Bay, a real
estate consulting firm in Tampa.
Prior to assuming these roles, Denver served as Florida
Secretary of Transportation. The Florida Secretary of
Transportation, as my colleague from Florida well knows, is a
very important and responsible job, and Mr. Stutler did it
with--of course, I should say, Secretary Stutler--did it with
great distinction. I had the opportunity to work closely with
him while I was a member of the cabinet. And, being from the
State of Florida, I was the HUD Secretary, and we worked on a
number of issues relating to our state as our responsibilities
intersected.
Before that time, he was Chief of Staff to former Governor
Jeb Bush, and, I know, in both of these public roles he made
many positive contributions to improving Florida's
transportation infrastructure and economic development.
Prior to serving Governor Bush, Mr. Stutler served as the
Senior Fellow for U.S. Senator Connie Mack, where he advised
the Senator on environmental and water-related appropriations
and policy.
Denver earned his bachelor's degree in engineering, and
master's degree in civil engineering, from the University of
Central Florida, and has since demonstrated an outstanding
commitment to public service.
It's because of this record of dedication that I believe
Denver Stutler is fully qualified to serve on the Amtrak Reform
Board, and it is my hope that he will continue to ensure the
availability of safe and reliable transportation service for
all Americans.
Mr. Chairman, thank you for allowing me the opportunity,
and it's a real honor to present Mr. Stutler to the Committee.
Senator Nelson. Mr. Chairman?
The Chairman. Thank you.
STATEMENT OF HON. BILL NELSON,
U.S. SENATOR FROM FLORIDA
Senator Nelson. Mr. Chairman, as you know, Senator Martinez
and I have an excellent professional relationship, as well as a
personal relationship that goes back 30 years. And on most--Mr.
Chairman, I think, without exception, on all of the
appointments that we have a chance to recommend, Senator
Martinez and I have been joined at the hip in being unanimous
about the particular nominees, particularly if they affect
Florida. That includes judges, as well. And, in this particular
case, of Mr. Stutler to be on the Amtrak Board, we, likewise,
are unanimous in our opinion that he should be appointed to the
Amtrak Board, for all of the reasons that Senator Martinez has
just stated.
The Chairman. With those two endorsements, I don't think we
should have a hearing.
[Laughter.]
Senator Martinez. It would be OK with us, wouldn't it,
Senator? It would be fine.
Thank you, sir, very much.
The Chairman. Well, I thank you very much, Senator. And
thank you.
Each of the nominees before us are slated to fill important
posts critical to the future of America's transportation
system. From ensuring the safety of the country's pipelines to
overseeing the management of the Nation's passenger railroad,
the work you will perform at each of your respective agencies
should be confirmed--should you be confirmed, will help ensure
that America's transportation system remains a global leader
which supports our vibrant economy and great tradition of
efficient travel and mobility.
The positions each of you have been appointed to come with
unique challenges. The Administrator of the Pipeline and
Hazardous Materials Safety Administration must continue to
chart a course for the Department of Transportation's newest
safety agency that will improve the safety and security of our
pipeline and hazardous materials transportation systems.
Several recent pipeline accidents have highlighted the
importance of this task, and we are looking for strong
leadership at this agency, as well as a commitment to
implement, fully, the important safety provisions enacted into
law by this Committee in the Pipeline Inspection, Protection,
Enforcement, and Safety Act of 2006.
Amtrak Board Members must continue the progress made over
the last several years toward an efficient and effective
national passenger railroad, while working with the Congress to
reauthorize Amtrak, gain stable and adequate funding, and
promote new investments that can unlock the promise of rail
service in new corridors.
Members of the Surface Transportation Board must balance
the growing need for new and expanded capital investment in the
freight rail industry against the equal--the legitimate goal of
ensuring reasonable and fair prices and services for railroad
customers. Add to each of these individual challenges the
government-wide budget constraints brought on by historic
deficits and continued demands to improve safety and mobility,
your work is truly cut out for you.
I look forward to hearing your perspectives today as we
examine your credentials and views. And I thank each of you for
your commitment for public service. Should you be confirmed, I
can assure you that we'll be in touch regularly.
As well, I would like to note that Mr. Carper has had a
family emergency this morning. We will keep him in our
thoughts. We have heard nothing negative about his nomination,
and, unless there is an objection, it is my plan to consider
his nomination at an executive session, along with the other
nominees on the panel.
Senator Stevens?
STATEMENT OF HON. TED STEVENS,
U.S. SENATOR FROM ALASKA
Senator Stevens. Thank you, Mr. Chairman.
I'd like to take the opportunity to introduce Carl Johnson,
if I may.
The Chairman. Please do.
Senator Stevens. As many of you know, Alaska is the home of
the one of the largest pipeline systems in the world, one which
has transported over 15 billion barrels of oil since its
inception in 1977. The Pipeline and Hazardous Materials Safety
Administration plays a critical role in maintaining this
pipeline and ensuring the safe transportation of oil and other
hazardous goods all over the country. This morning I am pleased
to see Carl Johnson here as the nominee for Administrator of
this important agency.
Before retiring in April, Mr. Johnson spent 19 years
serving as President of the Compressed Gas Association, where
he developed an extensive understanding of the transportation
of hazardous materials. During his tenure, Mr. Johnson was
dedicated to decreasing the risks associated with industrial
and medical gases through the development of consensus
standards, and he was instrumental in a push to harmonize these
and other safety standards on a global scale.
Before joining the Compressed Gas Association, Mr. Johnson
worked at Corning Glass Works for 24 years, where he was the
Director of Federal Government Relations. It was there that he
met my good friend and colleague, former Representative Amory
Houghton, who brought Mr. Johnson to the Hill in 1987,
following his election to the House of Representatives. While
working in the House, Mr. Johnson was responsible for leading
the Congressman's work on the Government Operations Committee
and had a hand in several key issues in the District.
This Committee enjoyed an excellent working relationship
with Admiral Barrett, the original Administrator of PHMSA, and
I look forward to continuing such a relationship with his
successor. And I hope to be able to congratulate Mr. Johnson on
his nomination once he's confirmed.
Thank you, Mr. Chairman.
The Chairman. Thank you.
Senator Carper, would you care to make an opening remark?
Senator Carper. If I may, sir, thanks. Thank you very, very
much.
STATEMENT OF HON. THOMAS R. CARPER,
U.S. SENATOR FROM DELAWARE
Senator Carper. We're joined today by two of our nominees
for the Amtrak Board of Directors. Denver Stutler's been
introduced by both of his Senators. Nancy Naples is here, from
New York. We welcome them both, along with our other nominees.
We're saddened that Thomas C. Carper is not here, former Mayor
of Macomb, Illinois. His wife, Gail, with whom a number of us
met yesterday, was stricken, I think, en route to the hearing
today, and has been hospitalized, I think, at GW, with a stroke
of some kind, or a seizure, which is a matter of great concern.
I've just called him on the phone to try to reach him, and was
unable to reach him, but our thoughts and prayers are with her,
and certainly with him.
I've known him for the better part of a dozen years, and
sort of--together, because our names are similar. It's hard to
imagine that there are two Tom Carpers, but actually there's a
third, who was poet laureate of Maine at one time. I used to
like to send people copies of his poetry, pretend it was mine.
But I knew Mayor Carper when he became a Member of the Amtrak
Board of Mayors Advisory Council, I think, in about 1991, about
15 years ago, and actually served as his Chairman from 2000 to
2001, while he was still Mayor of Macomb.
I think we're fortunate to have him as a nominee. I believe
we're fortunate to have our other two nominees before us today
for the Amtrak Board.
And I'll just say one last thought. We've passed, with the
guidance of our leadership here on this Committee, major energy
legislation that the President appears ready to sign, and
that'll be a good thing for our country as we seek to reduce
our reliance on foreign oil and to reduce the emission of
harmful substances into the air.
I know there are some folks who believe that the heyday of
passenger rail is behind us. I remember being regaled by
stories by my aunts and uncles of train rides from coast to
coast to be married during the middle of World War II, and
just--at a time when we had troop trains going all over the
country, and had no interstate railroad, and commercial
aviation was still in its infancy. So, some people think those
were the heydays of passenger rail. I actually think maybe some
of the best days, some of the most important days for passenger
rail in this country lie ahead, as we do seek to reduce our
reliance on foreign oil.
A lot of other countries share that goal with us, and a lot
of them fund their intercity passenger rail systems, support
them more robustly than we do at both the operating and the
capital level. But they do so for selfish reasons, and we
should, as well; and among those selfish reasons are to, as I
said earlier, reduce reliance on foreign oil; second, to reduce
the kind of congestions we face on our highways today. Coming
down on--I actually take the train, many days, to Washington,
but I can actually look out my window of the train, as we
zipped along at 125 miles an hour, and see cars and trucks
barely moving on the highways alongside of us. So, we need to
reduce our reliance--we need to reduce our congestions on our
roads, and our airports. My wife just flew out to the
Appalachian State/Delaware football game out at--in Chattanooga
last weekend, and she had some great stories to tell me about
trying to get there by air. And so, all--I think all of us have
had a bite out of that apple, and we know what challenges it
poses for us.
And the last piece is just harmful stuff into our air.
Those of us on the East Coast live at the end of the tailpipe
for this country. We breathe air that is not healthy, not good
for us, not good for our children, not good for our
grandparents, our parents, and we need to do something about
it. And passenger rail speaks to all of those issues, speaks to
all of those concerns. And it's not a silver bullet, but it's a
speedier train than it used to be, and it's part of the
solution to those two challenges that we face.
So, I look forward to this hearing. And thank you, Mr.
Chairman, for the opportunity to say some words.
The Chairman. Thank you, Senator.
Senator Smith?
STATEMENT OF HON. GORDON H. SMITH,
U.S. SENATOR FROM OREGON
Senator Smith. Thank you, Mr. Chairman, for holding this
hearing.
And I welcome our nominees, as well. I'm anxious to hear
their goals and the plan--and their plans for this--these very
important positions.
I'm going to be focusing on their views of the abandonment
process, of balancing interests between shippers and railroads.
I'm very concerned about the issue of private equity firms
investing in railroads. These are legitimate sources of
capital, but I am concerned about short-term investor goals
trumping long-term interests of our commerce in this country.
And I'm very anxious to know what they believe the STB's role
is in ensuring that investments are made to maintain this basic
infrastructure, because I'm afraid that that is being
shortchanged, and I'm very anxious to see a much more vigorous
role so that people in rural areas who have raw materials and
products to get to market can get them there, and that they're
not held hostage, as is happening in too many places in this
country.
Thank you, Mr. Chairman.
The Chairman. Thank you very much.
I now would like to call upon the Administrator-designate
of the Pipeline and Hazardous Materials Safety Administration
of the U.S. Department of Transportation, Mr. Carl T. Johnson.
May I also call the Member-designate of Amtrak Board of
Directors, Ms. Nancy Naples. And may I call upon Member-
designate Amtrak Board of Directors, Mr. Denver Stutler; and
Member, Surface Transportation Board, the Honorable Francis
Mulvey.
May I first call on Mr. Johnson.
STATEMENT OF CARL T. JOHNSON, NOMINEE TO BE
ADMINISTRATOR, PIPELINE AND HAZARDOUS MATERIALS
SAFETY ADMINISTRATION, DOT
Mr. Johnson. Thank you, Mr. Chairman. Chairman Inouye,
Senator Stevens, distinguished members of the Committee, it's a
privilege to appear before you today. I welcome the opportunity
to appear before you as you consider my nomination to serve as
Administrator of the Pipeline and Hazardous Materials Safety
Administration, PHMSA, at the Department of Transportation.
I'd like to publicly thank my wife, Joyce, my son, David,
and my daughter, Karin, for supporting me through my various
journeys in life and continued interest in government service.
I am honored to have been nominated by President Bush for
this important position. And, if confirmed, I look forward to
joining Secretary Peters and her strong leadership team at the
Department. I want you to know that I will fully dedicate
myself to ensuring that PHMSA fulfills its vital safety
mission, and I will work closely with you and your staff to get
the job done.
PHMSA administers programs designed to protect our
communities and the environment from the inherent risks
resulting from the commercial transportation of hazardous
materials and the operation of our Nation's pipelines. I
believe that my 47-year professional career has provided me
with a variety of assignments and responsibilities in
management and leadership that will help me succeed in the
position for which I have been nominated. My assignments have
given me the opportunity to understand how organizations
function, how objectives are set, and how performance is
measured, and how to achieve the results the Administration,
Congress, and the public expects and deserves.
As President and CEO of the Compressed Gas Association,
CGA, I had overall management responsibility for an
organization whose sole responsibility and purpose is safety.
At the CGA, I developed an appreciation for the value of
consensus standards and for working cooperatively with
regulators for improved safety and enforcement. Even with these
standards and codes of practice in place, unfortunate incidents
still occur. It's, therefore, critical to review accidents and
near-misses, as well. If confirmed, I will do all in my power
to continuously improve the standards and codes of practice by
which we operate so as to provide the highest-possible level of
safety for our workers, transporters, those who use our
products, and the public at large.
Mr. Chairman, I commit to you that, if confirmed, I will
work diligently to carry out the responsibilities entrusted to
me.
Thank you.
[The prepared statement and biographical information of Mr.
Johnson follow:]
Prepared Statement of Carl T. Johnson, Nominee to be Administrator,
Pipeline and Hazardous Materials Safety Administration, DOT
Chairman Inouye, Senator Stevens, distinguished members of the
Committee, it is a privilege to appear before you today.
I welcome the opportunity to appear before you as you consider my
nomination to serve as Administrator of the Pipeline and Hazardous
Materials Safety Administration (PHMSA) at the Department of
Transportation.
I would like to publicly thank my wife Joyce, my son David, and my
daughter Karin, for supporting me through my various journeys in life
and continued interest in government service.
I am honored to have been nominated by President Bush for this
important position and, if confirmed, I look forward to joining
Secretary Peters and her strong leadership team at the Department. I
want you to know that I will fully dedicate myself to ensuring that
PHMSA fulfills its vital safety mission and that I will work closely
with you and your staff to get the job done.
PHMSA administers Federal programs designed to protect our
communities and the environment from the inherent risks resulting from
the commercial transportation of hazardous materials and the operation
of our Nation's pipelines. I believe that my 47-year professional
career has provided me with a variety of assignments and
responsibilities in management and leadership that will help me succeed
in the position for which I have been nominated. My assignments have
given me the opportunity to understand how organizations function, how
objectives are set, how performance is measured and how to achieve the
result the Administration, the Congress and the public expects and
deserves.
As President and CEO of the Compressed Gas Association (CGA), I had
overall management responsibility for an organization whose sole
purpose is safety. At the CGA, I developed an appreciation for the
value of consensus standards and for working cooperatively with
regulators for improved safety and enforcement. Even with these
standards and codes of practice in place, unfortunate incidents still
occur. It is therefore also critical to review accidents and near
misses. If confirmed, I will do all in my power to continuously improve
the standards and codes of practice by which we operate so as to
provide the highest possible level of safety for our workers,
transporters/distributors, those who use the products, and the public
at large.
Mr. Chairman, I commit to you that, if confirmed, I will work
diligently to carry out the responsibilities entrusted to me. Thank
you.
______
a. biographical information
1. Name (Include any former names or nicknames used): Carl Thor
Johnson.
2. Position to which nominated: Administrator, Pipeline and
Hazardous Materials Safety Administration.
3. Date of Nomination: November 1, 2007.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
5. Date and Place of Birth: January 27, 1938; Staten Island, 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).
Joyce A. Johnson, Retired (spouse); David C. Johnson, 43 (son);
Karin L. Johnson, 40 (daughter).
7. List all college and graduate degrees. Provide year and school
attended.
Bachelor of Science, Cornell University, 1960.
Master of Arts, George Washington University, 1963.
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
1960-1963 U.S. Navy, LTJG, Office of Naval
Intelligence, Potomac River Naval
Command, Washington, D.C.
1963-1987 Corning Glass Works, Corning, NY, and
Washington, D.C.
1987-1988 Special Assistant, Representative Amo
Houghton (R-NY).
1988-2007 President and CEO, Compressed Gas
Association (CGA), Chantilly, VA.
9. Attach a copy of your resume. A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last 5 years: None.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last 5 years.
1988-2007 President and CEO, Compressed Gas
Association (CGA), Chantilly, VA.
2000-2007 Director, Dangerous Goods Advisory
Council (DGAC), Washington, D.C.
12. Please list each membership you have had during the past 10
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
1972-present Capitol Hill Club, Washington, D.C.
1981-present Emmanuel Lutheran Church, Vienna, VA.
1972-present Cornell Club of Washington, D.C.,
past President.
1972-2002 Severn River Yacht Club, Annapolis,
MD.
2005-present Cornell Assn. of Class Officers,
Ithaca, NY, Class of 1960, Vice
President.
1996-present Worldgate Sport and Health Club,
Herndon, VA.
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt: No.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period.
June 2000--$1,000--Friends of Houghton
November 2002--$1,000--Friends of Houghton
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
March 2007--H. Emerson Thomas Lifetime Service Award from the
Compressed Gas Association for 19 years of dedicated service.
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
Speeches
January 2001--Global Standards Harmonization--A U.S.
Perspective; European Industrial Gases Association Symposium
Articles
1995--Encyclopedia of the Future
Between January 1989 and March 2006, I wrote an article entitled
``Letter from the President'' in Compressions, the Compressed Gas
Association monthly newsletter. The focus of these articles was current
legislative and regulatory initiatives as well as announcing and
promoting various CGA activities.
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
March 8, 1990 House Appropriations Committee
Subcommittee on the Interior;
Relating to the privatization of the
U.S. Federal Helium Reserve.
February 27, 1991 House Appropriations Committee
Subcommittee on the Interior;
Relating to the privatization of the
U.S. Federal Helium Reserve.
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
During my professional career, I have worked closely and
cooperatively with the Congress and the Federal agencies. Most of this
work was in developing and perfecting the manner in which we transport
hazardous materials safely. In addition, a large part of my
professional life has been devoted to the development of consensus
standards for industrial and medical gases to effectively manage the
risk associated with these gases. While at the CGA, I also initiated a
drive to harmonize standards on a global scale. At the same time, I
kept costs under control and built a strong competent professional
staff to fulfill the CGA safety mission. The PHMSA safety mission and
programs seem to me to be a logical progression for my skill sets and
background. If confirmed, I look forward to bringing my interest in
personnel development and consensus building to the Department of
Transportation.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
As President and CEO of the Compressed Gas Association, I have
managed a budget and understand the need to control expenses and meet a
payroll. I know how to develop a business plan, to set and meet
objectives and to adjust those objectives as circumstances require. I
understand the need to develop a competent, resourceful workforce and
to review and appropriately reward performance. If confirmed, I will
use my skills and experience to ensure that PHMSA has proper management
and accounting controls and that the PHMSA mission is fulfilled.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
(1) The integrity of the Nation's pipeline system is being
challenged by aging and the encroachment of commercial
development.
(2) The highway and air traffic infrastructure is aging and in
need of attention. At the same time, congestion is challenging
the safety and efficiency of how we move all traffic including
hazardous materials.
(3) International harmonization is vital to the safe and
efficient flow of commerce on a global basis and will promote
global economic growth and development.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
(1) Post retirement health benefits for my spouse and myself
paid by the Compressed Gas Association and extended to senior
executive staff upon retirement.
(2) Defined benefit pension from Corning, Inc., derived from
former employment.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain: None.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated: Please refer to the
Deputy General Counsel's opinion letter.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated: None.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy.
In the course of my responsibilities at the Compressed Gas
Association, I have been involved in developing and responding to
Federal legislative and regulatory initiatives that are intended to
improve the safety of transporting hazardous materials, including
industrial and medical gases.
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? If so, please explain: No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain: No.
3. Have you or any business 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: No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain.
In the course of my responsibility as President and CEO of the
Compressed Gas Association, a discrimination claim against the
Association and me was settled in 1996.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistleblowers from reprisal for
their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______
resume of carl t. johnson
Professional Experience
Retired, April 2007 to present.
President, Compressed Gas Association (CGA), August 1988 to March
2007.
The CGA is the standard-setting, safety organization for the
industrial gas industry. With over 120 members, the CGA
produces more than 200 publications relating to the safe
manufacture, distribution and use of industrial and medical
gases and cryogenic liquids.
The CGA works closely with U.S. regulatory agencies, including
the Department of Transportation Pipeline and Hazardous
Materials Safety Administration, the Occupational Safety and
Health Administration, and the Food and Drug Administration;
and also with international organizations, including the
International Organization for Standardization (ISO), and the
U.N. Committee of Experts on the Transportation of Dangerous
Goods.
Special Assistant to Representative Amory Houghton, Jr. (R-NY-31),
January 1987 to August 1988.
Responsible for relationship with House GOP leadership and
Government Operations Committee.
Corning Glass Works, 1963 to 1987.
Director, Federal Government Relations, Washington, D.C.
Earlier assignments in human resources, production, and
industrial relations.
U.S. Navy, Washington, D.C., 1960 to 1963.
Education
M.A., Public Administration, The George Washington University,
Washington, D.C.
B.S., Cornell University, Ithaca, New York.
Affiliations
Cofounder, The Thursday Group
Dangerous Goods Advisory Council
NAM Associations Council
U.S. Chamber of Commerce Committee of 100
______
November 19, 2007
Rosalind A. Knapp,
Designated Agency Ethics Official,
U.S. Department of Transportation,
Washington, DC.
Dear Ms. Knapp:
The purpose of this letter is to describe the steps that I will
take to avoid any actual or apparent conflict of interest in the event
that I am confirmed for the position of Administrator, Pipeline and
Hazardous Materials Safety Administration at the Department of
Transportation.
As required by 18 U.S.C. 208(a) I will not participate personally
and substantially in any particular matter that has a direct and
predictable effect on my financial interests or those of any other
person whose interests are imputed to me, unless I first obtain a
written waiver, pursuant to section 208(b)(1), or qualify for a
regulatory exemption, pursuant to section 208(b)(2). I understand that
the interests of the following persons are imputed to me: my spouse, my
minor children, or any general partner; any organization in which I
serve as officer, director, trustee, general partner or employee; and
any person or organization with which I am negotiating or have an
arrangement concerning prospective employment.
I resigned from my position as President and CEO of the Compressed
Gas Association on March 31, 2007. As a retired executive of the
Compressed Gas Association, I am entitled to receive health coverage
for both me and my spouse for the rest of our lives, consistent with
the Association's practice for departing executives. Therefore, I will
not participate personally and substantially in any particular matter
that has a direct and predictable effect on the ability or willingness
of the Compressed Gas Association to provide these contractual
benefits, unless I first obtain a written waiver, pursuant to 18 U.S.C.
208(b)(1). For a period of 1 year after my resignation, I also will
not participate personally and substantially in any particular matter
involving specific parties in which the Compressed Gas Association is a
party or represents a party, unless I am first authorized to
participate pursuant to 5 CFR 2635.502(d).
I resigned my position as: Director, Dangerous Goods Advisory
Council on March 31, 2007. For a period of 1 year after terminating
this position, I wilt not participate personally and substantially in
any particular matter involving specific parties in which this
organization is a party or represents a party, unless I am authorized
to participate pursuant to 5 CFR 2635.502(d).
I will not participate personally and substantially in any
particular matter that will have a direct and predictable effect on the
financial interests of Corning, Inc., unless I first obtain a written
waiver or qualify for a regulatory exemption.
Carl T. Johnson
______
U.S. Department of Transportation
Washington, DC, November 19, 2007
Hon. Daniel K. Inouye,
Chairman,
Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Dear Mr. Chairman:
I have examined the Financial Disclosure Report (SF-278) of Carl T.
Johnson and his responses to related questions from your Committee
arising from his nomination to be the Administrator of the Pipeline and
Hazardous Materials Safety Administration at the Department of
Transportation. I find that Mr. Johnson's financial interests will not
present a conflict of interest should he be confirmed as the
Administrator of the Pipeline and Hazardous Materials Safety
Administration.
Mr. Johnson is a former President and CEO of the Compressed Gas
Association, Chantilly, Virginia. Mr. Johnson is currently retired.
The financial interests of Mr. Johnson and his spouse include a
defined benefit pension plan with Corning, Inc., checking and money
market accounts, bank savings accounts, a variable annuity invested in
widely held mutual funds, stock interests in CBS Corporation, General
Motors Corporation, Viacom, Inc., Coming, Inc., Covance, Inc., and
Quest Diagnostics, Inc., and a broad portfolio of widely held mutual
funds.
Mr. Johnson resigned from his position as President and CEO of the
Compressed Gas Association on March, 31, 2007. As a retired executive
of the Compressed Gas Association, Mr. Johnson is entitled to receive
health coverage for both himself and his spouse for the rest of their
lives, consistent with the Association's practice for departing
executives. Therefore, Mr. Johnson has agreed not to participate
personally and substantially in any particular matter that has a direct
and predictable effect on the ability or willingness of the Compressed
Gas Association to provide these contractual benefits, unless he first
obtains a written waiver, pursuant to 18 U.S.C. 208(b)(1). For a
period of 1 year after his resignation, he has also agreed not to
participate personally and substantially in any particular matter
involving specific parties in which the Compressed Gas Association is a
party or represents a party, unless he is first authorized to
participate pursuant to 5 C.F.R. 2635.502(d).
Mr. Johnson resigned his position as Director, Dangerous Goods
Advisory Council, on March 31, 2007. For a period of 1 year after
terminating this position, Mr. Johnson has agreed not to participate
personally and substantially in any particular matter involving
specific parties in which this organization is a party or represents a
party, unless he is authorized to participate pursuant to 5 C.F.R.
2635.502(d).
Mr. Johnson has agreed not to participate personally and
substantially in any particular matter that will have a direct and
predictable effect on the financial interests of Corning, Inc., unless
he first obtains a written waiver or qualifies for a regulatory
exemption.
Based upon these representations, I find that no conflict of
interest will arise as a result of Carl T. Johnson being confirmed as
the Administrator of the Pipeline and Hazardous Materials Safety
Administration at the Department of Transportation.
Sincerely,
Rosalind A. Knapp,
Deputy General Counsel.
______
U.S. Department of Transportation
Washington, DC, November 19, 2007
Hon. Robert I. Cusick,
Director,
Office of Government Ethics,
Washington, DC.
Dear Mr. Cusick:
This letter is submitted in accordance with the provisions of 5
C.F.R. 2634.605(c) concerning the Financial Disclosure Report of Carl
T. Johnson. Mr. Johnson has been nominated to be the Administrator of
the Pipeline and Hazardous Materials Safety Administration at the
Department of Transportation.\1\ I have reviewed Mr. Johnson's
Financial Disclosure Report and I find that his financial interests
will not present a conflict of interest with his duties as the
Administrator of the Pipeline and Hazardous Materials Safety
Administration.
---------------------------------------------------------------------------
\1\ 5 C.F.R. 2634.605(c)(2)(i) requires that I enclose a copy of
the position description with the report if one is available. There is
no position description for any of the Presidential appointees in the
Department of Transportation. A description of the duties and
responsibilities of the Administrator of the Pipeline and Hazardous
Materials Safety Administration can be found at 49 C.F.R. 1.45 and
1.53.
---------------------------------------------------------------------------
Mr. Johnson is a former President and CEO of the Compressed Gas
Association, Chantilly, Virginia. Mr. Johnson is currently retired.
The financial interests of Mr. Johnson and his spouse include a
defined benefit pension plan with Corning, Inc., checking and money
market accounts, bank savings accounts, a variable annuity invested in
wide held mutual funds, stock interests in CBS Corporation, General
Motors Corporation, Viacom, Inc., Corning, Inc., Covance, Inc., and
Quest Diagnostics, Inc., and a broad portfolio of widely held mutual
funds.
Mr. Johnson resigned from his position as President and CEO of the
Compressed Gas Association on March 31, 2007. As a retired executive of
the Compressed Gas Association, Mr. Johnson is entitled to receive
health coverage for both himself and his spouse for the rest of their
lives, consistent with the Association's practice for departing
executives. Therefore, Mr. Johnson has agreed not to participate
personally and substantially in any particular matter that has a direct
and predictable effect on the ability or willingness of the Compressed
Gas Association to provide these contractual benefits, unless he first
obtains a written waiver, pursuant to 18 U.S.C. 208(b)(1). For a
period of 1 year after his resignation, he has also agreed not to
participate personally and substantially in any particular matter
involving specific parties in which the Compressed Gas Association is a
party or represents a party, unless he is first authorized to
participate pursuant to 5 C.F.R. 2635.502(d).
Mr. Johnson resigned his position as Director, Dangerous Goods
Advisory Council, on March 31, 2007. For a period of 1 year after
terminating this position, Mr. Johnson has agreed not to participate
personally and substantially in any particular matter involving
specific parties in which this organization is a party or represents a
party, unless he is authorized to participate pursuant to 5 C.F.R.
2635.502(d).
Mr. Johnson has agreed not to participate personally and
substantially in any particular matter that will have a direct and
predictable effect on the financial interests of Corning, Inc., unless
he first obtains a written waiver or qualifies for a regulatory
exemption.
Based upon these representations, I find that no conflict of
interest will arise as a result of Carl T. Johnson being confirmed as
the Administrator of the Pipeline and Hazardous Materials Safety
Administration at the Department of Transportation.
Sincerely,
Rosalind A. Knapp,
Deputy General Counsel.
The Chairman. I thank you very much, sir.
May I now recognize Ms. Nancy A. Naples. Congratulations,
ma'am.
STATEMENT OF NANCY A. NAPLES, NOMINEE TO BE A MEMBER, AMTRAK
REFORM BOARD
Ms. Naples. Good morning. Thank you.
Thank you, Mr. Chairman and members of the Committee. It is
an honor for me to appear before you today to seek your
approval of my nomination to serve as a Member of the Amtrak
Reform Board. I'm grateful to President Bush for honoring me
with this nomination.
I also thank my husband, Thomas H. O'Neill, Jr., who has
encouraged and supported me through years of public service,
and my lifelong friend, Ann--Dr. Ann Radice, Director of the
Institute of Museums and Library Services, who is also with me
today.
My entire career, both in the private and public sectors, I
have focused on operational and fiscal management. In my 12
years as New York's Erie County Comptroller, where I was known
as the ``taxpayers' watchdog,'' I was committed to improving
and strengthening oversight and accountability of taxpayers'
funds, and worked diligently to eliminate waste, fraud, and
abuse in local government. If confirmed, I will work with
fellow Board Members, Members of Congress, and the
Administration, as well as employees of Amtrak, to ensure that
America's national rail system is run as efficiently and cost-
effectively as possible.
I believe Amtrak should be in the best financial health
possible, and I take the Board's fiduciary responsibilities
very seriously.
In my role as New York's Commissioner of Motor Vehicles, I
made security and safety our highest priorities. It is
imperative that America's rail system and Amtrak passengers are
safe from terrorist attacks. If confirmed, I will work to
ensure that Amtrak is an integral part of our homeland security
system.
My lifelong attraction to trains has played an important
role in my interest in this position. I have been a train
traveler since I first took the New York Central, in 1965, on a
high school trip from Buffalo to the New York World's Fair.
Although in recent years, my use of Amtrak has been mainly on
commuter trains, I have traveled by rail extensively in Europe
and Canada, and I'm taking the Empire Builder in early 2008 to
familiarize myself better with Amtrak.
If confirmed, I pledge to attend to the business of Amtrak
with the same dedication and commitment which I have
demonstrated throughout my career, and I will work closely with
this Committee and Congress to strive for a more efficient and
effective Amtrak.
Again, I appreciate the opportunity to appear before you
today, and I'm happy to answer any questions you might have.
Thank you.
[The prepared statement and biographical information of Ms.
Naples follow:]
Prepared Statement of Nancy A. Naples, Nominee to be a Member,
Amtrak Reform Board
Thank you, Mr. Chairman and members of the Committee. It is an
honor for me to appear before you today to seek your approval of my
nomination to serve as a member of the Amtrak Reform Board. I am
grateful to President Bush for honoring me with this nomination. I also
thank my husband, Thomas H. O'Neill, Jr., who is here with me today,
and who has encouraged and supported me through my years of public
service.
My entire career, in both the private and public sectors, I have
focused on operational and fiscal management. In my twelve years as
Erie County, New York's Comptroller, where I was known as the
Taxpayers' Watchdog, I committed to improving and strengthening
oversight and accountability of taxpayers' funds, and worked diligently
to eliminate waste, fraud and abuse in local government. If confirmed,
I will work with fellow Board Members, Members of Congress and the
Administration, as well as employees of Amtrak to ensure that America's
national rail system is run as efficiently and as cost-effectively as
possible. I believe Amtrak should be in the best financial health
possible, and I take the Board's fiduciary responsibilities very
seriously.
In my role as New York State's Commissioner of Motor Vehicles, I
made security and safety our highest priority. It is imperative that
America's rail system and Amtrak passengers are safe from terrorist
attacks. If confirmed, I will work to ensure that Amtrak is an integral
part of our homeland security strategy.
My lifelong attraction to train travel has played an important role
in my interest for this position. I have been a train traveler since I
first took the New York Central in 1965, on a high school trip from
Buffalo to the New York World's Fair. Although in recent years my use
of Amtrak has been mainly on commuter trains, I have traveled by rail
extensively in Europe and Canada, and I am taking the Empire Builder in
early 2008, to familiarize myself better with Amtrak.
If confirmed, I pledge to attend to the business of Amtrak with the
same dedication and commitment which I have demonstrated throughout my
career, and I will work closely with this Committee and Congress to
strive for a more efficient and effective Amtrak.
Again, I appreciate the opportunity to appear before you today, and
I am happy to answer any questions you might have.
______
a. biographical information
1. Name (Include any former names or nicknames used):
Nancy A. Naples
Legal Name: Nancy Naples O'Neill
2. Position to which nominated: Member, Amtrak Reform Board of
Directors.
3. Date of Nomination: November 15, 2007.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
5. Date and Place of Birth: September 14, 1948; Buffalo, 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: Thomas H. O'Neill, Jr. Self-employed
Stepchildren: Barbara H. O'Neill (42); Laura B. O'Neill (39)
7. List all college and graduate degrees. Provide year and school
attended.
B.A., Marymount College of Fordham University, 1970.
M.B.A., Pace University, 1980.
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Systems Analyst, American Telephone & Telegraph (AT&T), New
York, NY (1970-1974).
Assistant Vice President, Trust & Investment, Chemical Bank,
New York, NY (1974-1981).
Vice President, Merrill Lynch & Co., New York, NY (1981-1986).
Vice President and Manager Information Services, USA, Hong Kong
and Shanghai Banking Corporation (HSBC), New York, NY (1986-
1988).
Vice President, Finance and Operations, Joseph J. Naples &
Associates, Buffalo, NY (1988-1993).
Comptroller, Erie County, NY (1994-2005).
Commissioner, NYS Department of Motor Vehicles (2006).
9. Attach a copy of your resume. A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last 5 years.
NYS Division for Women, WNY Advisory Council (1996-2006).
Chairman, Hamburg Town Supervisor Transition Team (2005).
Transition Team for Erie County Executive-elect, Executive
Committee (2007).
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last 5 years.
Canisius College, Buffalo, NY--Trustee.
BISON Scholarship Fund, Buffalo, NY--Director.
The 100 Club of Buffalo & WNY, Buffalo, NY--Director.
Roswell Park Alliance Foundation, Buffalo, NY--Director.
Nardin Academy, Buffalo, NY--Trustee.
Buffalo Fine Arts Academy, Buffalo, NY--Ex-Officio Director.
Transition Team for Erie County Executive-elect--Non-paid
Consultant.
12. Please list each membership you have had during the past 10
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
Buffalo Fine Arts Academy, 1989-present. I served as an Ex-
Officio Member of the Board of Directors, 1994-2005.
The 100 Club of Buffalo, 1994-present. From 2001-2002, I served
as President of this not-for-profit philanthropic organization
which provides help to public safety officers and their
families.
Government Finance Officers Association (GFOA), 1994-2005.
Business and Professional Women of Buffalo, WNY Chapter of BPW/
USA, 1994-2005.
WNY Public Broadcasting Association, 1993-2000.
13. Have you ever been a candidate for and/or held a public office
(elected, nonelected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt.
Elected Comptroller of Erie County in 1993 and re-elected in
1997 and 2001. No outstanding debt from any election.
Appointed New York State Commissioner of Motor Vehicles in
2006.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period.
Naples for Congress, 2004, $200,000.
Reynolds for Congress, 04/20/98, $1,000.
Reynolds for Congress, 10/22/98, $1,000.
Reynolds for Congress, 10/22/02, $1,000.
Reynolds for Congress, 3/16/06, $2,100.
Reynolds for Congress, 3/16/06, $1,900.
Jack Quinn (PAC), 5/3/98, $1,000.
Rick Santorum, 4/14/06, $2,100.
Rick Santorum, 4/14/06, $2,100.
Friends of John Faso (NYS Gubernatorial candidate), 2006,
$5,000.
Helfer for Mayor (City of Buffalo Mayoral candidate), 2005,
$7,500.
Caruso for State Supreme Court, 2005, $500.
Friends of Molly Musarra (Erie County Judicial candidate),
2007, $7,000.
Friends of Giuliani (Presidential Primary candidate), 2007,
$2,800.
Erie County Republican Committee, 2007, $6,000.
Town of Hamburg Republican Committee, 2005, $500.
Town of Hamburg Republican Committee, 2007, $500.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Canisius College Board of Regents Distinguished Citizen Award,
2007.
National Conference for Community and Justice (NCCJ) Citation
Award, 2003.
Nardin Academy Hall of Fame, 2002.
Honorary Degree of Doctor of Humane Letters, Canisius College,
2002.
Western New York Women's Hall of Fame, March 2002.
Lifetime Achievement Award, The 100 Club of Buffalo and WNY,
2001.
Italian-American Achievement Award, Good Government Club of
WNY, 2001.
Outstanding Service Award, James A. Dockery Community Center,
2000.
Abraham Lincoln Leadership Award, Erie County Republican
Committee, 1999.
Joan A. Levine Award, Womanfocus, 1998.
Outstanding Italian American Woman Award, Association of
Italian American Societies, 1994.
Outstanding Service Award, Erie County Republican Party, 1994.
Regents Scholarship, New York State, 1966.
Honors Scholarship, Marymount College, 1966.
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed: None.
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony: None.
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
In order for Amtrak to carry out its mission, major programs and
major operational objectives, the issues of safety, security, funding
and stewardship of taxpayer dollars must be dealt with effectively. I
believe my experience with operational and financial management,
transportation and government will enable me, if confirmed, to provide
a constructive voice and perspective in addressing Amtrak's wide range
of challenges. As Comptroller of New York's Erie County for nearly
twelve years, I was known as the ``Taxpayers' Watchdog'', committed to
improving and strengthening oversight and accountability of taxpayers'
funds. As the County's Chief Auditor, I worked diligently to eliminate
waste, fraud and abuse in Erie County as well as in many agencies which
were funded by the county. As New York State's Commissioner of Motor
Vehicles, I assured that safety and security were the hallmarks of the
agency. As Chairman of the Governor's Traffic Safety Committee, I
reviewed grant proposals and distributed NHA funds throughout the
state, funding programs from motorcycle training to MADD. On a personal
note, I have had a lifelong interest in train travel, and I hope to be
part of a renewed interest in travel by train in America.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization.
If confirmed, I would call upon Amtrak management to provide
accurate and timely financial and management reports, implement
appropriate standards and controls, and assure appropriate spending of
tax dollars. As County Comptroller and Commissioner of DMV (overseeing
a staff of 3,200) I worked diligently to incorporate strong management
practices, accountability and controls.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
(1) Safety and security. The number of train accidents,
including those involving highway-rail grade crossings, cannot
be tolerated. This issue was one which we emphasized at DMV,
from the prospective of automobiles. While rail accidents have
begun to decline as a result of the National Rail Safety Action
Plan, we must do more. Assuring that railroad passengers are
safe is on ongoing challenge. Terrorist attacks in Madrid have
highlighted the importance of rail security in the world
changed by 9/11.
(2) Stewardship of taxpayer dollars. Our citizens must be
assured that our priorities include oversight and
accountability for Federal funds, as well as elimination of
waste, fraud and abuse.
(3) Intercity passenger rail. The existing, failing system must
be reformed, to provide a workable and valued passenger rail
service. Recent announcements regarding reduced airline
schedules and elimination of commuter flights make more
accessible, effective rail transportation imperative.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
I am currently receiving pension/retirement benefits from New York
State & Local Retirement System.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice, with any business,
association or other organization during your appointment? If so,
please explain.
I plan to continue my board memberships at Canisius College, The
BISON Scholarship Fund, Roswell Park Alliance Foundation, and The 100
Club of Buffalo and Western New York, only if maintaining these
memberships will in no way impact my position on the Amtrak Reform
Board, if confirmed.
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 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated: None.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy.
As Comptroller of Erie County, I was directly involved in the
passage and defeat of several items affecting the fiscal concerns of
Erie County. All activities of this nature were directly related to my
position as the Chief Fiscal Officer of Erie County and were directly
related to fiscal matters of the county. For example, on numerous
occasions, I actively worked for defeat of increased local property and
sales taxes, and I worked to defeat the imposition of a ``sin tax'' on
alcohol and cigarettes.
As NY State Commissioner of Motor Vehicles, I was directly involved
in the passage of laws which mandated more severe sentences for DUI and
other traffic violations. Any activities of this nature were related to
NYS Vehicle and Traffic Law.
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 enclosed 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? If so, please explain: No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain: No.
3. Have you or any business 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.
While serving as Comptroller of Erie County, NY and as NY State
Commissioner of Motor Vehicles, I and my office were defendants in many
lawsuits. These cases involved allegations regarding me in my roles as
County Comptroller and Commissioner of Motor Vehicles.
As a candidate for the U.S. Congress in 2004, I brought an Election
Law ``impounding action'' against my opponent, relative to the election
race. The matter was closed, by stipulation.
In 2004, I, as Comptroller of Erie County, and several elected
officials brought a suit against the Erie County Executive and the Erie
County Legislature challenging the process by which the County's 2005
Budget was adopted. The case was settled.
I was divorced from John J. Addeo on 2/1/79.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain: No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistleblowers from reprisal for
their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______
resume of nancy a. naples
Career Summary
Accomplished business executive with proven performance in both
public and private sectors. Demonstrated strong analytical and
managerial expertise in government, banking, securities, and insurance
industries. Active civic leader who has guided Boards of Directors in
political, healthcare, community, educational and artistic endeavors.
Professional Experience
Commissioner, New York State Department of Motor Vehicles, Albany,
NY, 2006.
As a member of Governor George E. Pataki's cabinet, oversaw
issuance and regulation of drivers' licenses, assuring the
integrity and reliability of the documents; registration of
vehicles; inspections of vehicles and equipment; adjudication
of traffic violations; and administration of traffic safety
programs. Managed a $322 million operating budget and a staff
of over 3200. The Department maintains records on more than 11
million vehicles, generating revenues in excess of $1.2
billion.
Significant Accomplishments
Promoted traffic safety through chairmanship of the
Governor's Traffic Safety Committee, which disbursed National
Highway Traffic Safety Administration funds to municipalities,
agencies and civic organizations throughout New York State, and
through personal advocacy and media endorsements.
Advanced NYS DMV's leadership role in the Department of
Homeland Security's Real ID rulemaking advisory panel.
Improved customer service through operational efficiencies
and greater use of technology.
Completed and implemented DMV's strategic plan, A Roadmap to
Excellence, establishing key objectives and measures to fulfill
the agency's mission.
Comptroller, Erie County, NY, 1994-2005.
Served as the Chief Fiscal Officer overseeing a $1.1 billion
budget. Elected in November 1993, reelected in 1997 receiving
78 percent of the vote, and elected to a third term in 2001.
Retired July 2005.
Significant Accomplishments
Proposed and implemented securitization of the County's
share of the National Tobacco Settlement bringing over
$246,000,000 to the County.
Structured a unique public-private financing plan for the
County's contribution to the construction costs for HSBC Arena,
which saved County taxpayers over $20 million in interest
expense.
Created a comprehensive cash management program acknowledged by
investment bankers throughout New York State as a model program
that generates high interest earnings, while assuring safety
and full liquidity.
Returned over $100 million to the taxpayers through prudent
investments of taxpayers' dollars.
Conducted audits of County departments preventing the loss of
$4.4 million in State and Federal reimbursements.
Vice President, Finance & Operations, Joseph J. Naples &
Associates, Buffalo, NY, 1988-1993.
Family-owned surety bond, worker's compensation and insurance
agency serving over 2,000 corporate and individual clients,
generating premiums of over $65 million annually.
Significant Accomplishments
Managed all financial aspects of the firm. Structured, designed
and implemented computer systems to automate accounting,
financial reporting and customer service. Consulted corporate
clients on workers compensation, OSHA compliance and safety
programs through subsidiary firm, Risk & Technical Management,
Inc.
Vice President and Manager Information Services, USA, Hong Kong &
Shanghai Banking Corporation (HSBC), New York, NY, 1986-1988.
Significant Accomplishments
Managed over 60 technical analysts while serving as the
highest-ranking woman in HSBC USA. Structured and implemented
HSBC's first international banking project leading a team from
U.S.A., Hong Kong and Marine Midland Bank.
Vice President, Merrill Lynch & Co., New York, NY, 1981-1986.
Significant Accomplishments
As Vice President of Corporate Systems Division, managed 50
analysts for development of quantitative forecasting models for
Research Division. Designed and implemented syndication of
corporate and municipal bond offerings for Investment Banking
Division. Developed Information Technology Strategic Plan to
meet Merrill Lynch's future systems requirements.
Assistant Vice President, Chemical Bank, New York, NY, 1974-1981.
Significant Accomplishments
As Assistant Vice President of Trust and Investment Division,
developed new pension products to comply with ERISA
requirements, automated corporate trust accounting, and managed
New York City's tax processing.
Systems Analyst, American Telephone and Telegraph (AT&T), New York,
NY, 1970-1974.
Significant Accomplishments
As a Senior Analyst at AT&T, Long Lines, specialized in
development and design of mainframe systems for their long
distance business.
Civic Leadership
Health Related
Past-President, Roswell Park Foundation Board, The Board
solicits, receives and administers funds to support scientific
and clinical research at Roswell Park Cancer Institute,
Buffalo, NY 19972000. Nancy was invited to serve on this Board
again, and her current term began in 2003.
Founding Member, Roswell Park Alliance, a volunteer
organization which supports cancer research treatment and
education programs at Roswell Park Cancer Institute, Buffalo,
NY 1990-1997.
Education Related
Member, Board of Trustees, Canisius College, Buffalo, NY, a
private Jesuit college, 2003-present and 1993-1999.
Member, Board of Trustees, Nardin Academy, an independent,
Catholic school that has a Montessori preschool, elementary and
high school campus. Served as Chair of Personnel Committee.
1998-2005.
Honorary Chairperson, Kids Voting Bi-Partisan Bash, served
on committee since its inception in 1998. This effort raises
funds for KIDS Voting WNY a nonprofit, nonpartisan voter
education program. 1998-2005.
Member, Board of Regents, Canisius College, Buffalo, NY
1990-1993.
Class Chair, Marymount College Alumni Association, 1975-
1996.
Community Related
Ex-officio Director, Buffalo Fine Arts Academy (Albright
Knox Art Gallery), Buffalo, NY, one of the world's leading
contemporary art galleries, 1994-2005.
Member, Executive Committee, New York State Division for
Women, WNY Advisory Council, advocates for women's issues in
New York State, acts as direct link between women of New York
State and Governor Pataki. 1996-2006.
Member Government Finance Officers Association (GFOA),
served on their National Standing Committee on Cash Management,
1997-2000.
First woman President of The One Hundred Club of Buffalo &
Western New York, an organization that assists families of
public servants killed or injured in the line of duty, member
since 1997, President 2000 and 2001.
Member, Women's Group of Buffalo, a networking group of
women business and community leaders, 1994-present.
Member, Business and Professional Women of Buffalo, the
Western New York Chapter of the BPW/USA which promotes the
interests of business and professional women, 1994-2005.
Trustee, Western New York Public Broadcasting Association,
1993-2000.
Political Leadership
Candidate, U.S. House of Representatives, 27th District, NY,
November 2004.
New York State Delegate, Republican National Convention
1996, 2000 and 2004.
Seconded Nomination of Republican Senatorial Candidate, Rick
Lazio, at New York State Republican Convention, May 2000.
Member, Erie County Executive Joel A. Giambra's Transition
Team for Tomorrow, 1999.
New York State Republican Committee, authored study entitled
The Real Gender Gap: Republican Women Holding Elected Office in
New York State (1998).
Member, Governor George Pataki's Transition Team, 1995.
Education
MBA with Distinction, Pace University, New York, NY, December 1980.
B.A., cum laude, Marymount College, Tarrytown, NY, May 1970.
Honors/Awards
Canisius College Board of Regents Distinguished Citizen
Achievement Award, May 2007.
National Conference for Community and Justice (NCCJ) Citation
Award, March 2003.
Nardin Academy Hall of Fame, inducted October 2002.
Honorary Degree of Doctor of Humane Letters, Canisius College,
May 2002.
Western New York Women's Hall of Fame, inducted March 2002.
Lifetime Achievement Award, The 100 Club of Buffalo and WNY,
2001.
Italian-American Achievement Award, The Good Government Club of
WNY, 2001.
Outstanding Service Award, James A. Dockery Community Center,
2000.
Abraham Lincoln Leadership Award, Erie County Republican
Committee, 1999.
Joan A. Levine Award, Womanfocus, 1998.
Outstanding Italian American Woman Award, Association of
Italian American Societies, 1994.
Outstanding Service Award, Erie County Republican Party, 1994.
Regents Scholarship, New York State, 1966.
Honors Scholarship, Marymount College, 1966.
Personal
Married to Thomas H. O'Neill, Jr.
Chairman, Somerset Capital Partners, Buffalo, NY.
Chairman, Union Drilling Inc., Fort Worth, TX.
The Chairman. I thank you very much, Ms. Naples.
Now may I recognize Mr. Denver Stutler.
STATEMENT OF DENVER J. STUTLER, JR., NOMINEE TO BE A MEMBER,
AMTRAK REFORM BOARD
Mr. Stutler. Thank you, Mr. Chairman, members of the
Committee. I'm honored to appear before you today. It is an
honor to be nominated by President Bush as a member of the
Amtrak Reform Board. I appreciate greatly your consideration of
my nomination.
I believe that Amtrak provides an important component of
our Nation's overall transportation system through intercity
passenger rail service. I think that as our Nation considers
the overall future of our transportation system, intercity
passenger rail should be a part of that discussion.
As a nominee from Florida, I believe there is room for
improving the ridership of Amtrak, especially into and out of
Florida. I have personally traveled on Amtrak several times,
once for a vacation to the Northeast and other times between
Washington, D.C., and New York. It has been a good experience
for me. I'm always amazed, when I travel on Amtrak, that it is
not used by more people. If confirmed, one of my interests is
to learn more about why people are not using Amtrak.
I believe my professional experience offers, along with the
other Board Members, a perspective that will provide the
necessary leadership for Amtrak. If confirmed as a Board
Member, I commit to work with the Committee, Congress, the
Administration, and my fellow Board Members to initiate and
administer Amtrak's strategic direction. I will also work to
provide leadership that complements the role of the day-to-day
managers and to ensure appropriate financial reporting is in
place.
Additionally, I will focus on three areas I believe to be
important for Amtrak's long-term success: providing on-time
service, ongoing financial oversight, and safety.
Providing on-time service is important, because Amtrak is a
service provider. Providing reliable service requires constant
monitoring and continually seeking the best practices to
achieve the best service.
Ongoing financial oversight is especially important in the
stewardship of public resources.
Continued financial oversight is critical for an efficient
operation and to maintain the confidence of taxpayers and
Congress.
Safety requires continual attention and focus from
leadership. The safety of employees, travelers, and the public
are critical for the long-term viability of Amtrak.
Again, thank you, Mr. Chairman, for the opportunity to be
before you here today. I would be happy to answer any
questions.
[The prepared statement and biographical information of Mr.
Stutler follow:]
Prepared Statement of Denver J. Stutler, Jr., Nominee to be a Member,
Amtrak Reform Board
Chairman Inouye, members of the Committee, I am honored to appear
before you today. It is an honor to be nominated by President Bush as a
member of the Amtrak Reform Board. I appreciate greatly your
consideration of my nomination.
I believe that Amtrak provides an important component of our
Nations' overall transportation system through intercity passenger rail
service. I think that as our Nation considers the overall future of our
transportation system, intercity passenger rail should be a part of the
discussion. As a nominee from Florida, I believe there is room for
improving the ridership of Amtrak, especially into and out of Florida.
I have personally traveled on Amtrak several times, once for a
vacation to the Northeast and other times between Washington, D.C. and
New York City. It has been a good experience for me. I am always amazed
when I travel on Amtrak that it is not used by more people. If
confirmed, one of my interests is to learn more about why people are
not using Amtrak.
I believe my professional experience offers, along with the other
Board Members, a perspective that will provide the necessary leadership
for Amtrak. If confirmed as a Board member, I will work with the
Committee, Congress, the Administration and my fellow Board Members to
initiate and administer Amtrak's strategic direction.
I will also work to provide leadership that compliments the role of
the day-to-day managers, and to ensure appropriate financial reporting
is in place. Additionally, I will focus on three areas I believe to be
important for Amtrak's long-term success: (1) Providing on-time
service, (2) On-going financial oversight, and (3) Safety.
Providing on-time service is important because Amtrak is a service
provider. Providing reliable service requires constant monitoring and
continually seeking the best practices to achieve the best service.
On-going financial oversight is especially important in the
stewardship of public resources. Continued financial oversight is
critical for an efficient operation and to maintain the confidence of
taxpayers and Congress.
Safety requires continual attention and focus from leadership. The
safety of employees, travelers and the public are critical for the long
term viability of Amtrak.
Again, thank you Mr. Chairman for the opportunity to be before you
here today. I would be happy to answer any questions.
______
a. biographical information
1. Name (Include any former names or nicknames used): Denver Joe
Stutler, Jr.
2. Position to which nominated: Member, Amtrak Reform Board of
Directors.
3. Date of Nomination: November 15, 2007.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: 3812 West Linebaugh Avenue, Tampa, FL 33618.
5. Date and Place of Birth: July 6, 1964; Stuttgart, Germany
(Father--U.S. Army).
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: N/A
Children: Denver Joe Stutler III (DJ), 12; Chandler Scott
Stutler, 11
7. List all college and graduate degrees. Provide year and school
attended.
University of Central Florida, BSE, Civil Engineering, 1987.
University of Central Florida, MSE, Civil Engineering, 1989.
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
07/89-12/94 Project Manager Camp Dresser & McKee,
Inc.
01/95-12/96 Partner Ecosystems Land
Mitigation.
01/97-04/99 Principal Camp Dresser & McKee,
Inc.
04/99-07/02 Chief of Staff Florida Dept. of
Environmental
Protection.
07/02-10/03 Deputy Chief of Office of the Governor,
Staff* Florida.
10/03-07/05 Chief of Staff Office of the Governor,
Florida.
07/05-01/07 Secretary Florida Department of
Transportation.
01/07-present President Stutler Strategies, Inc.
04/07-present Founder PerkinsBay
*Non-managerial.
9. Attach a copy of your resume. A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last 5 years: Various Boards as
identified in Statute for position of Secretary of Transportation in
Florida.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last 5 years.
President, Stutler Strategies, Inc.
Managing Partner, PerkinsBay LLC.
Partner (not active), Lake Shipp Marina.
Partner (not active), MIHI 500 Trust.
Board Member, Florida Earth Foundation.
12. Please list each membership you have had during the past 10
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
Florida Engineering Society, 1997-1999, 2007.
American Society of Civil Engineers, 1997-1999.
Masonic Blue Lodge #239, Winter Park, FL, 1997-present.*
Egypt Temple Shriners, 2004-present.*
Member, Metro Church of Christ, Oviedo, FL, 1997-1999.
Member, First Christian, Tallahassee, FL, 1999-2001.
AASHTO, member (as Sec. of Transportation), 2005-2007.
Florida Earth Foundation, Board Member, 2007-present.
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt.
Public Office Positions:
04/99-07/02, Chief of Staff, Florida Dept. of Environmental
Protection.
07/02-10/03, Deputy Chief of Staff, Office of the Governor.
10/03-07/05, Chief of Staff, Office of the Governor.
07/05-01/07, Secretary, Florida Department of Transportation.
These were all appointed positions. None of these positions
involved any campaign and subsequently there is no outstanding campaign
debt for which I would be personally liable.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period.
Jeb Bush for Governor; 1998; $500
Bob Dole; 8/28/1995; $1,000
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
UCF Alumni Professional Achievement Award, College of
Engineering & Computer Science, Recipient, 2003.
J.P. McMullen Award, Jaycees Outstanding Young Floridian,
Recipient, 2003.
United States Senator Connie Mack, 105th Congress, Fellow,
1997-1998.
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
Contributing author for the Handbook of Hydrology.
Authored various articles on wetlands mitigation banking.
Authored various articles on transportation in Florida
Department of Transportation newsletter and other industry
newsletters.
Numerous speeches as Secretary of Florida Department of
Transportation.
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
As a principal for Ecobank, I testified to the U.S. Senate
Committee on Environment and Public Works in 1996 on the subject of
wetlands mitigation banking.
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
The Amtrak Board initiates and administers Amtrak's strategic
direction while it approves an annual corporate budget, capital lease
commitments, and corporate strategic plan. I believe my experience as
Secretary of the Florida Department of Transportation provided me with
experience in developing strategic direction as well as budgets and
other governance related activities. My other experiences in my career
have taught me the value of and important lessons of proper
administration and management from the project-level to the overall
organizational level.
It would be a privilege to serve on the Amtrak Board. I wish to
serve because I believe commuter rail is an important aspect of our
transportation objectives to move people and goods in this country. I
believe my experience can provide a useful perspective in conjunction
with the other Board Members to provide leadership for continued
commuter rail service.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
If confirmed, I will work to ensure good managers are in place for
the day-to-day operations and that appropriate financial reporting is
provided so that accounting controls are in place.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
I believe the top three challenges for Amtrak are:
(1) Providing on-time service. A service provider must provide
service. Successfully providing reliable service requires
constant monitoring and continually seeking the best practices
to achieve the best service.
(2) On-going financial oversight. On-going financial oversight
is important in the stewardship of public resources. Continued
financial oversight is critical for an efficient operation and
to maintain the confidence of taxpayers and Congress.
(3) Safety. Safety requires continual attention and focus from
leadership. The safety of employees, travelers and the public
are critical for the long term viability of Amtrak.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
State of Florida Defined Contribution Retirement Plan (ING
Managed).
Salary from Stutler Strategies, Inc.
Merrill Lynch 401K (Stutler Strategies, Inc.).
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain: Yes, I will continue my business operations with
Stutler Strategies, Inc.
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 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated: None.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy: 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: I will recuse myself, when necessary and as requested by the
Board, on issues that may pose a conflict of interest.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain: 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: Driving Under the Influence, 1989. Pled
no contest to charge.
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: 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: Driving Under the Influence, 1989. Pled
no contest to charge.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain: No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistleblowers from reprisal for
their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______
resume of denver j. stutler, jr.
Profile
Results-focused administrator with an in-depth understanding
of the developing needs of Florida's transportation
infrastructure based on expertise in civil engineering,
experience in positions of public trust, respect for sound and
ethical business practices, and knowledge of environmental
issues impacting roads, bridges, and related structures.
Awareness of the dynamic interplay between local, state, and
Federal Governments and resulting influences on the evaluation,
funding, design, permitting, and execution of cost-efficient
projects that improve transportation resources and promote
economic development while planning for the future, managing
growth, and assuring public safety.
Ability to forecast issues, fully research facts, formulate
forward-thinking solutions, and communicate with diverse groups
and individuals to recognize and progress toward unified goals
reflective of the organizational mission.
Core Strengths
Accountability Budget & Cost Change Communications
Control Management
Crisis Contract Human Resources Information
Containment Administration Management
Negotiations Problem Solving Project Regulatory
Management Compliance
Rulemaking Strategic Systems Thinking Team Dynamics
Planning
Career Progression
Secretary, Department of Transportation, State of Florida,
Tallahassee, Florida, July 2005-January 2007.
Chief Executive of state agency responsible for
transportation (airports, seaports, rail, roadway and transit)
in Florida with an annual budget of $9.1 billion and 8,500
employees (13,500 including direct contractors).
Developed strategy for the investment of additional
commitment of $7.5 billion over 10 years.
Responsible for meeting Federal, state and local regulations
and policies.
Negotiated complex negotiations to achieve transportation
solutions for the mobility of people and goods.
Encouraged partnerships with industry and consultants.
Worked with Legislature to develop transportation policy.
Chief of Staff (August 2003-June 2005); Deputy Chief of Staff (June
2002-August 2003); Executive Office of Governor Jeb Bush, State of
Florida, Tallahassee, Florida, June 2002-June 2005.
Optimize the effectiveness of the state's chief executive,
demonstrating flexibility in meeting non-stop demands,
addressing new challenges, and anticipating needs to provide
appropriate data, resources, and assistance.
Serve as liaison to Cabinet officers, department heads,
legislators, and gubernatorial appointees, adeptly managing a
continuous stream of information while transitioning between a
complexity of topics.
Apply knowledge of state government, critical thinking
skills, and administrative experience to advance all facets of
the Governor's agenda, implement change, and embed a cohesive
vision throughout all executive agencies.
Direct the operations of the office that oversees an annual
state budget of over $64 billion and employs 250 staff.
Work in partnership with the Communications Office to
develop communications strategies and public information on
materials on key issues to ensure clarity in messages that
reflect the intent of the administration.
Communicate with all of Florida's state agencies to assist
in assessing staffing levels, defining needs for senior
management positions, and participating in recruiting,
screening, and hiring decisions.
Educate, develop, mentor, and motivate staff to develop
leadership skills, inspire enthusiasm, instill a team mindset,
and promote professionalism in behavior, communication, and
attitudes as public representatives.
Chief of Staff, Department of Environmental Protection (DEP), State
of Florida, Tallahassee, Florida, April 1999-June 2002.
Provided executive support to the Secretary of DEP in
managing the operations of an agency with 4,000
staff, a $2 billion annual budget, and
accountability for overseeing Florida's environment and natural
resources.
Participated in preparing the legislative budget request,
providing financial oversight to optimize accountability,
developing policies and procedures, and assuring compliance
with statutory and legislative requirements.
Applied knowledge of the agency's mission and the state's
vision to advise and assist DEP's leadership, the Governor's
Office, legislators, local governments, related local and
Federal agencies, and other stakeholders.
Maintained awareness of existing and emerging issues calling
for regulatory, legislative, and administrative attention
regarding air, water, and waste, as well as the acquisition,
management, and use of state-owned lands.
Managed high-profile, sensitive issues with state-wide,
regional, and multi-state implications, which included growth
management, permitting and participating in joint negotiations
with neighboring states on water supplies.
Compiled and synthesized complex information, formulated
realistic solutions, and developed written and verbal reports
that utilized valid data to develop alternatives and facilitate
timely decisionmaking and implementation.
Principal--Civil Engineer--Project Manager, Camp, Dresser & McKee,
Maitland, Florida, January 1997-April 1999; July 1989-March 1995.
Demonstrated technical expertise and administrative skill
that earned advancement from entry-level Project Engineer to
Project Manager, ultimately assuming executive leadership role
as a principal of the firm.
Had bottom-line responsibility for assuring quality and
profitability of projects undertaken in Florida.
Participated in developing new business, delivering
marketing presentations, and preparing cost estimates,
specifications, and bid/proposal packages to secure contracts
for municipal road, sewer, and water projects.
Gained first-hand experience in project design, permitting,
and management; provided oversight and resolved obstacles to
meet deadlines, maintain safety, limit risk, and achieve client
satisfaction.
Partner--Civil Engineer, Eco-systems Land Mitigation Company,
Winter Park, Florida, April 1995-December 1996.
Played a role in developing the concept and creating the
plan to co-found and develop a startup venture that was on the
leading edge, as one of the first wetlands mitigation banking
concerns in the U.S.
Promoted the concept of wetlands mitigation banking,
presenting Florida with an alternative approach to
Environmental restoration that stressed regional systems as
part of an ecosystem approach.
Cultivated strategic relationships serving as a liaison to
key contacts at the local, state, and Federal levels:
Contributed to an intensive effort that resulted in the
passage of new legislation by the 1996 Florida Legislature;
appeared before a U.S. Senate Committee to provide
testimony on wetlands mitigation banking.
Managed communication with representatives of various
Federal and state permitting agencies such as the, U.S.
EPA, Florida Department of Environmental Protection, and
the Water Management Districts.
Prepared and executed the sales and marketing strategy by
identifying potential buyers of mitigation credits.
Education
University of Central Florida, Orlando, Florida.
Master of Science in Civil Engineering, 1989.
Bachelor of Science in Civil Engineering, 1987.
Specialized Training
School of Law, Harvard University, Cambridge, Massachusetts.
Negotiation Skills (Advanced & Basic)
Licenses & Certifications
Professional Engineer (#46713), State of Florida, 1993-present.
Affiliations
UCF College of Engineering Dean's Council, Member, 1997-2002.
American Water Resources Association, Member, 1990-1999.
Florida Engineering Society, Member, 1989-1999.
American Society of Civil Engineers, Member, 1986-1999.
Professional Honors
UCF Alumni Professional Achievement Award, College of
Engineering & Computer Science, Recipient, 2003.
J.P. McMullen Award, Jaycees Outstanding Young Floridian,
Recipient, 2003.
United States Senator Connie Mack, 105th Congress, Fellow,
1997-1998.
Related Activities
Engineering Ministries International, Volunteer, 1994.
Participated in a service mission to depressed communities in
Zaire.
North Atlantic Treaty Organization (NATO), 1994.
Participated in the Degradation of River Basins Conference in
Vienna, Austria.
The Chairman. I thank you, sir.
And now may I recognize Dr. Francis Mulvey.
STATEMENT OF HON. FRANCIS P. MULVEY, Ph.D.,
RENOMINATED TO BE A MEMBER,
SURFACE TRANSPORTATION BOARD
Dr. Mulvey. Thank you, Mr. Chairman, members of the
Committee.
I also want to thank the Senate Majority Leader, Mr. Reid,
of Nevada, for recommending me to the President for
renomination and to President Bush for renominating me for this
position.
I also want to thank my wife of 33 years, Petra, who is
here today to support me, as she has over all the years, and my
Chief of Staff, Jamie Rennert, and my Administrative Assistant,
Judy Leader, who are also in the audience today.
I have not appeared before this Committee since my
appointment to the Board in 2004, although twice last year I
testified, both orally and in writing, before the House
Committee on Transportation and Infrastructure concerning
issues before the Surface Transportation Board. I have now been
a Member of the Board since 2004. Before joining the Board, I
held a variety of government positions, both on the Hill and at
various Federal and State agencies. Throughout my career of
nearly 40 years, I have been intimately involved in
transportation economics and regulation.
As a member of the Board, I have applied my experience in
economics and public policy. I have found the work there both
challenging and rewarding, and I believe I have made a real
contribution to a balanced regulatory approach.
I have not always been in the majority. For example, I wish
the Board had gone further in addressing the competitive
aspects of so-called ``paper barriers.'' But, I believe that,
overall, the agency has, since I've arrived, made significant
strides in fairly addressing the needs of all stakeholders in
its decisions, in general, and on real competition in service
matters, in particular. Having said that, I recognize we still
have a ways to go.
We have held hearings on a number of specific action items,
as well as on items of broader interest, such as the state of
rail infrastructure. Through our open public processes, we have
issued several significant decisions. And, to name just a few,
we have required that the fuel surcharges levied by the
railroads be tied to actual fuel usage, and not just levied on
those that were already paying the highest rates because they
were captive. We have streamlined the large rate case process,
and revamped our procedures for small rate cases, to try to
make it easier for small shippers to gain relief. We have also
been aggressive in doing our part to see that entities handling
municipal solid waste are not able to inappropriately evade
regulation. Although, again, dissenting from the majority, I
would have preferred that our preemption decision had been more
narrowly drawn in the New England Trans-Rail Case. And we have
made substantial headway in redefining how we calculate the
railroads' cost of capital.
I believe there are certain issues that will require our
ongoing attention over the new few years. In addition to paper
barriers, more generally, I am concerned about the state of
competition in the railroad industry and the Board's merger
review process. I am concerned about what might happen if
hedge-fund investment in the railroad industry were to
escalate, and such a fund attempted to buy a carrier and divest
a railroad's assets, to the detriment of the shipping public.
Given the recent boom in traffic, I am concerned about the
investment in infrastructure, and I think we need to look at
different ways of encouraging investment in the railroad plant.
I think the Board has to be nimble in adjusting to changing
times. For example, while I do not envision a return to the
pre-Staggers days of heavy-handed regulation, it may be that
the agency should take a look at its existing broad exemptions
from regulation to see if those exemptions are still warranted.
Things change, and many of these exemptions were sought and
granted in the 1980s, when the transportation landscape was
quite different from what it is today.
I will also be particularly focused on ensuring that the
Board make full use of its investigatory and enforcement powers
to prevent the abuse of our processes. And I am interested in
scrutinizing our information-gathering and data-analysis
systems to ensure that integrity and accuracy in our rail cases
and other decisions continues.
I believe, as a member of the STB, my record with the STB
demonstrated my commitment to advancing the public interest. I
look forward to continuing to serve the public in that
capacity. If confirmed, I look forward to continuing to work
with this Committee, other Members of Congress, and all
interested parties as we tackle the many important
transportation issues facing our Nation.
Thank you for the opportunity to testify today, and I'll be
happy to answer any questions that you have.
[The prepared statement and biographical information of Dr.
Mulvey follow:]
Prepared Statement of Hon. Francis P. Mulvey, Renominated to be a
Member, Surface Transportation Board
My name is Francis P. Mulvey, and I am a Member of the Surface
Transportation Board. I am appearing at the request of the Committee to
discuss my renomination to the Board. I have not appeared before this
Committee since my appointment to the Board in 2004, although twice
last fall I testified, both orally and in writing, before the House
Committee on Transportation and Infrastructure, Subcommittee on
Railroads, Pipelines, and Hazardous Materials, concerning the issues
before the Board.
I have been a Member of the STB since June 2004. Before I joined
the Board, I held a variety of government positions, both on the Hill
and at various Federal and state agencies. Throughout my career of
nearly 40 years, I have been intimately involved in transportation
economics and regulation.
As a Member of the STB, I have applied my experience in economics
and public policy. I have found the work challenging and rewarding, and
I believe I have made a real contribution to a balanced regulatory
approach. I have not always been in the majority--for example, I wish
the Board had gone farther in addressing the competitive impacts of so-
called ``paper barriers''--but I believe that, overall, the agency
since I arrived has made significant strides in fairly addressing the
needs of all stakeholders in its decisions in general, and on rail
competition and service matters in particular.
We have held hearings on all sorts of specific action items, as
well as more general items of broad interest such as the state of the
rail infrastructure. Through our open, public processes, we have issued
several significant decisions. To identify just a few: we have required
that fuel surcharges be pegged to actual fuel usage; we have
streamlined the large rate case process and revamped the procedures for
small rate cases to make it easier for small shippers to gain relief;
we have been aggressive in doing our part to see that entities handling
municipal solid waste are not able to inappropriately evade regulation
(although I wish we had defined preemption more narrowly in the ``New
England Transrail'' case); and we have made substantial headway in
redefining how we calculate the railroad industry's cost of capital.
I think there are certain issues that will require particular
attention in the coming years. In addition to the ``paper barriers
issue,'' more generally I am concerned about the state of competition
in the railroad industry and the Board's merger review process. I am
concerned about what might happen if hedge fund investment in the
railroad industry were to escalate and such a fund attempted to buy a
carrier and divest its assets to the detriment of the shipping public.
Given the recent boom in traffic, I am concerned about investment in
infrastructure, and I think we will need to look at different ways of
encouraging investment in the railroad plant.
And I think the Board has to be nimble in adjusting to changing
circumstances. For example, although I do not envision a return to the
days of heavy regulation, it may be that the agency should take a look
at its existing broad exemptions to see if they are all still
warranted. Things change; many of these exemptions were sought and
granted in the 1980s when the transportation landscape was quite
different from what it is today, and we ought to be sure that
exemptions that were justified back then are still appropriate today. I
will also be particularly focused on ensuring that the Board makes full
use of its investigatory and enforcement powers to prevent abuse of our
processes. And, I am interested in scrutinizing our information
gathering and data analysis on the rail industry, to ensure the
integrity and accuracy of our rate case and other decisions.
I believe that my record as a Member of the STB demonstrates my
commitment to advancing the public interest. I look forward to
continuing to serve the public in that capacity. If confirmed, I also
look forward to continuing to work with the Committee, other Members of
Congress, and all other interested parties as we tackle the many
important transportation issues that confront us.
Thank you for the opportunity to testify today. I will be happy to
answer any questions you may have.
______
a. biographical information
1. Name (Include any former names or nicknames used): Francis
Patrick Mulvey.
2. Position to which nominated: Commissioner, Surface
Transportation Board.
2. Date of Nomination: November 30, 2007.
3. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: 395 ``E'' Street S.W., Suite 1290, Washington, DC
20423.
4. Date and Place of Birth: May 5, 1944; New York City (Astoria,
Queens) NY.
5. 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).
Petra Karolina Mulvey, currently an independent consultant for
Ferris Baker Watts working out of our home (spouse); Conor
Francis Mulvey (29) (child).
6. List all college and graduate degrees. Provide year and school
attended.
Bachelor of Science, New York University 1966 (attended 9/62-6/
66).
Master of Arts, University of California, Berkeley 1968
(attended 1/67-6/68).
Doctor of Philosophy, Washington State University 1974
(attended 9/70-6/72).
7. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Commissioner, U.S. Surface Transportation Board, Washington,
D.C. (June 2004-present).
Staff Director, Railroad Subcommittee, Committee on
Transportation and Infrastructure, U.S. House of
Representatives, Washington D.C. (Also served as Staff Director
for Hazardous Materials and Pipelines, Committee on Highways
and Transit, Committee on Transportation and Infrastructure,
U.S. House of Representatives) (2/00-6/04).
Deputy Assistant Inspector General for Rail, Transit and
Special Programs, U.S. Department of Transportation,
Washington, D.C. (3/99-2/00).
Adjunct Faculty Member, RH Smith School of Business and Public
Policy, College Park, MD (9/92-12/03).
Assistant Director, U.S. General Accounting Office, Washington
D.C.
(10/85-3/99)
Director for Economic Research, New York State Legislative
Commission on Solid Waste Management, Albany, NY (11/84-10/85).
Programs Manager, National Academy of Sciences, Transportation
Research Board, Washington, D.C. (3/83-10-84).
Vice President for Research, American Bus Association,
Washington, D.C.
(11/82-3/83).
Assistant Professor, Department of Economics, Northeastern
University, Boston, MA (9/77-1/82).
Consultant, National Transportation Policy Study Commission,
Washington, D.C. (8/77-3/79, concurrent while teaching).
Driver, Yellow Cab Company, Boston, MA (7/77-8/77).
Assistant Professor, Department of Economics, Wheaton College,
Norton, MA
(9/75-6/77).
Consultant, Harbridge House, Boston, MA (9/75-1/77, concurrent
while teaching).
Assistant Professor, Bowling Green State University, Bowling
Green, OH
(9/73-6/75).
Consultant, Wisconsin State Department of Transportation,
Madison, WI (2/74-6/75, concurrent position while teaching).
Economist, U.S. Department of Transportation, Federal Railroad
Administration (7/72-6/73).
Teaching Assistant, Washington State University, Pullman, WA
(9/70-6/72).
Instructor, Golden Gate University, San Francisco, CA (1/67-9/
69).
Supervisor for Claims, Continental Insurance Company, San
Francisco, CA
(5/70-9/70).
Driver, Yellow Cab Company, San Francisco, CA (3/70-5/70).
Management Consultant, George S. May Company, San Francisco, CA
(10/69-3/70).
Economist, California Blue Cross/Blue Shield, San Francisco, CA
(10/68-12/68).
Claims Adjuster Trainee, Metropolitan Life Insurance Company,
San Francisco, CA (9/66-12/66).
Researcher, NASA/Oakland Budget Project, Berkeley, CA (6/669/
66).
8. Attach a copy of your resume. Not applicable.
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 5 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 5 years: None.
11. Please list each membership you have had during the past 10
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
Transportation Research Forum (President, Washington Chapter
(1999), Vice President Programs 1997), Council Member for
National TRF (2000-2001).
Transportation Research Board (Member Committee on Aviation
Economics (1995-2000), Committee on Travel and Tourism Research
Needs 1996-1997), Panel on ADA Compliance for Intercity Busses
(1999), FAA Scholarship Awards Panel).
12. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt: Not Applicable.
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. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period: None.
14. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
1999--Comptroller General's Team Award.
1998--Assistant Comptroller General, Award HEHS Division.
1997--Special Recognition for Outstanding Performance HEHS
Division.
1997--Special Commendation Award HEHS Division.
1995--Special Commendation Award RCED Division.
1994--Special Commendation Award RCED Division.
1994--Special Recognition for Outstanding Performance RCED
Division.
1994--Outstanding Team Award RCED Division.
1991--Special Recognition for Outstanding Performance RCED
Division.
1989--Special Recognition for Outstanding Performance RCED
Division.
1988--Outstanding Achievement Award RCED Division.
1962--New York State Regents' Scholarship and Incentive Award.
1962--New York University Full Tuition Scholarship (4 years).
1958--U.S. Post Office Holy Name Society Scholarship to St.
Francis Xavier Military Academy.
15. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
Publications
International Airline Alliances: A Study of Codesharing's
Impact on Airlines and Consumers'' (with T. Hannegan), Journal
of Air Transport Management, London, Spring 1996.
Batteries in New York's Municipal Solid Waste Stream: A Report
to the Commissioner of the New York State Department of
Environmental Conservation, SS&B-Taconic Resources, Albany, NY,
September 1988.
``Demand and Cost Considerations in Domestic and International
Recycling Programs'', Waste Age, Washington, D.C., 1987.
The Economics of Recycling, New York State Legislative
Commission on Solid Waste Management, Albany, NY, 1986.
``New Directions in Materials Reclamation'', Journal of Natural
Resources and Technology, Vol. 14, No. 4, University of
Pennsylvania, Philadelphia, PA, December 1985.
The 55 mph Speed Limit: A Decade of Experience (with D. Kulash
and S. Godwin), National Academy of Sciences, National Research
Council, Washington, D.C., September 1984.
The Safety Benefits and Costs of Using Citizen-Band Radios on
Intercity Buses (with L. Griffith and M. Heckard), National
Academy of Sciences, National Research Council, Washington,
D.C., August 1984.
``Performance Trends of Small Intercity Motor Coach Firms 1972-
1981'', Papers and Proceeding of the Transportation Research
Forum, New Orleans, LA, October 1982.
``Public Agencies and Private Carriers: Competition or
Cooperation'', Private Sector Role in Public Transportation,
Transportation Research Board, Washington, D.C., August 1982.
``Unfair Competitive Marketing Practices in Intercity Surface
Transportation'', Papers and Proceedings of the Transportation
Research Forum, San Francisco, CA, November 1981.
Amtrak: The First Decade, University of Iowa Press, Iowa City,
IA, 1981.
A Taxpayer's Perspective on Amtrak, National Taxpayers' Union,
Washington, D.C. July 1981.
``Amtrak Versus Intercity Bus'', Challenge, Vol. 23, No. 3,
July/August 1980.
``Passenger Transportation in the Year 2000'', State
Transportation Issues and Actions, Special Report No. 189.
Transportation Research Board, Washington, D.C., 1980.
``Interurban Helicopter Services: A Comment'', Journal of the
New England Business and Economics Association, Boston, MA,
1980.
``Amtrak: A Cost-Effective Approach'', Transportation Research,
Vol. 13, October 1979.
Intermodal Impacts of Great Lakes/St. Lawrence Seaway System
Season Extension: A Report to the U.S. Army Corps of Engineers,
Transportation and Economic Research Associates, Arlington, VA,
1979.
Amtrak: An Experiment in Rail Service, National Transportation
Policy Study Commission, Washington, D.C., September 1979.
``Capital Formation in the Airline and Railroad Industries'',
National Transportation Policy Study Commission Special Report
No. 1: Issues in Transportation, Washington, D.C., May 1978.
``Consolidation of Transportation Regulatory Agencies'',
National Transportation Policy Study Commission Special Report
No. 1: Issues in Transportation, Washington, D.C., May 1978.
Intercity Domestic Transportation for Passengers and Freight: A
Report to the U.S. Senate Committee on Commerce, Science, and
Transportation (with A. LaMond), Washington, D.C., 1977.
The Northeast Corridor High Speed Rail System: Selected Impacts
on Alternative Modes--a Report to the U.S. DOT Transportation,
Systems Center (with D. Hayman and G. O'Donohoe), Harbridge
House, Boston, MA, 1975.
The Future of Rail Passenger Services in Wisconsin, Wisconsin
State Department of Transportation, Madison, WI, August 1975.
The Economic Future of Amtrak (doctoral dissertation),
Washington State University, Pullman, WA, August 1974.
Speeches
As a Member of the Surface Transportation Board:
``Testimony on Preemption of State and Local Laws on Railroad
Transloading of Solid Waste before the U.S. House of
Representatives; Committee on Transportation and
Infrastructure; Subcommittee on Railroads, Pipelines, and
Hazardous Materials; Hearing, Rayburn Building, October 16,
2007.
``Testimony of Commissioner Francis P. Mulvey, Surface
Transportation Board, Before the U.S. House of Representatives
Committee on Transportation and Infrastructure on Railroad
Competition Issues, September 20, 2007.
``Innovations in Transportation infrastructure Financing;''
Inland Northwest Regional Summit; Spokane, WA; September 20,
2007.
``Coal, Railroads & the Surface Transportation Board;''
National Coal Transportation Association; Denver, CO, September
11, 2007.
``Creating Competition or Repeating History: Is Staggers
Staggering?'' Midwest Regional & Short Line Railroad
Conference; Duluth, MN, July 16, 2007.
``The STB and the Nation's Railroads'', Transportation Research
Forum, Boston, MA, March 17, 2007.
``Public Sector Role in Transportation Infrastructure
Financing'', Food Shippers of America, Palm Springs, CA, March
6, 2007.
``The STB and the Nation's Railroads'', Industrial Energy
Consumers of America, Washington, D.C., Oct. 11, 2006.
``The SIB, Shippers and Railroad Capacity'', Southwest
Association of Rail Shippers, Scottsdale, AZ, Oct. 5, 2006.
Panelist, Transportation Investor Conference, Merrill Lynch
Global Transportation Conference, New York, NY, June 15, 2006.
``The S.T.B. and the Nation's Railroads'', American Forest and
Paper Association, Washington, D.C., May 23, 2006.
``The Forest Products Industry and the Nation's Railroads'',
American Forest and Paper Association, 129th Annual Paper Week,
New York, NY, April 11, 2006.
``Optimal Investment in Rail Infrastructure: The Divergence of
Public and Private Interests'', Electric Utility Consultants
Conference, Mesa, AZ, March 28, 2006.
``Shippers Taking Charge in a Capacity Constrained Environment:
The Role of the STB in Railroad Regulation'', Southwest
Association of Rail Shippers, San Antonio, TX, February 23,
2006.
``The STB and the Regulation of Coal Transportation in a
Capacity-Constrained Environment'', EUCI Coal Transportation
Workshop, St. Louis, MO, November 10, 2005.
``Transportation Challenges: Financing Capacity'' 92nd Annual
Meeting, Treasury and Finance Division, Association of American
Railroads, Phoenix, AZ, November 7, 2005.
``Update on the STB and Rail Freight Issues'' Western Coal
Traffic League, Fall Meeting, Washington, D.C., October 20,
2005.
``Rail Transportation Issues and the Role of the Surface
Transportation Board'' NASSTRAC Fall Conference, Baltimore, MD,
September 27, 2005.
``Railroads and Railroad Regulation in a Capacity Constrained
Environment'' Transportation Research Forum, New York City, NY,
September 8, 2005.
`` `The Transportation Capacity Problem' Approaches to
Congestion Relief'' NMFTA/NCC Conference, San Francisco, CA,
August 9, 2005.
``Railroads and Capacity Problem: Public/Private Approaches''
Fuel Management Strategies Conference, Denver, CO, June 21,
2005.
``The STB and the Railroads in a Capacity Constrained
Environment'', North American Fertilizer Transportation
Conference, Mont Tremblant, Quebec, June 13, 2005.
``The Outlook for Amtrak and the Role of the STB'', National
Association of Railroad Passengers Annual Meeting, Silver
Spring, MD, April 23, 2005.
Speech to Rail Forum, National Industrial Transportation League
Spring Policy Forum, Arlington, VA, April 19, 2005.
``U.S. Freight Railroads and the Capacity Problem'', ODU
Maritime Speakers Series at Nauticus, Norfolk, VA, April 4,
2005.
``The Surface Transportation Board and the Nation's
Railroads'', Pacific Northwest Association of Rail Shippers,
Portland, OR, February 17, 2005.
``Issues Facing the Surface Transportation Board'', Council of
Supply Chain Professionals, Baltimore, MD, February 8, 2005.
``Regulatory Issues Facing the Surface Transportation Board''
NGC/TEGMA, Cancun, MX, February 5, 2005.
``The Current State of the Nation's Railroads'' Regional
Freight Mobility Roundtable, Seattle, WA, November 5, 2004.
``Railroad Industry Competition, Structure and Investment''
Roundtable on Transportation Policy, Northwestern University,
Evanston, IL, October 8, 2004.
``The Changing Face of the STB'', ASLRRA Eastern Regional
Meeting, Jersey City, NJ, October 1, 2004.
Speech before American Plastics Council--Logistics Committee,
Arlington VA, September 23, 2004.
Keynote Address, National Coal Transportation Association
Annual Meeting, Denver, CO, September 21, 2004.
Speeches Prior to Joining the STB
``Rail Safety Legislation in the 108th Congress,'' Association
of American Railroads Annual Legislative Conference, White
Sulphur Springs, WV, July 2, 2003.
``Status of High-Speed Rail Legislation in the 108th
Congress,'' High Speed Ground Transportation Association,
Anaheim, CA, May 13, 2003.
``Infrastructure Funding Sources for Our Nation's Freight
Railroads,'' Rail Supply Institute, Jacksonville, FL, April 23,
2003.
``Amtrak: Past, Present and Prospects,'' Public Transportation
Policy Forum, Society of Government Economists, Washington,
D.C., Feb. 7, 2003.
``Status of Rail Passenger Service Legislation,'' States for
Passenger Rail Annual Meeting, Washington, D.C., Jan. 12, 2003.
``Rail Transportation and the Reauthorization of TEA-21,''
American Public Transit Association, Commuter Rail Conference,
Las Vegas, NV, Sept. 22, 2002.
``Panel on Railroad Legislation in the Current Congress,''
American Association of Short Line and Regional Railroads,
Cooperstown, NY, July 13, 2002.
``Panel on Railroad Reregulation,'' Association of American
Railroads Annual Legislative Conference, White Sulphur Springs,
WV, July 2, 2002.
``Panel on Railroad Legislation in the Current Congress,''
American Association of Short Line and Regional Railroads, West
Point, NY, July 14, 2001.
``Amtrak and High Speed Rail,'' High Speed Ground
Transportation Association Annual Meetings, Milwaukee, WI, May
18, 2001.
``Passenger Rail Agenda and Prospects,'' National Council of
State Legislators, Meeting of the Rail Working Group,
Washington, D.C., May 12, 2001.
``Prospects for Pipeline Safety Legislation, National League of
Cities, Washington, D.C., March 12, 2001.
``Reauthorization of the STB and Captive Shipper Issues,''
Western Coal Traffic League, Washington, D.C., Oct. 5, 2000.
``Panel on Railroad Legislation in the Current Congress,''
American Association of Short Line and Regional Railroads,
Hershey, PA, July 15, 2001.
``Panel on Railroad Economics and Finance,'' Association of
American Railroads Annual Legislative Conference, White Sulphur
Springs, WV, July 6, 2000.
(I gave several speeches on Social Security and Pension Reform
Issues while I was part of GAO's Health and Human Services Division,
but I have no sources on their exact subject matter or the locations
and dates. However, they were all discussions about GAO's ongoing
studies.)
``Federal Perspective on High Speed Rail Investments,'' Railway
Age Conference on Mixed Freight and Passenger Services,
Washington, D.C., Nov. 10, 1994.
``Geopolitics and Anti-trust Policy,'' International Aviation
Symposium, Phoenix, AZ, April 13, 1994.
``Comparing Transport Regulatory Reform in Canada and the
United States,'' Tenth International Logistics Congress,
Toronto, ONT, Canada, June 21, 1993.
``Market for Airline Services: The Changing Competitive
Framework,'' Session Chair and Organizer, Annual Meetings of
the Transportation Research Board, Washington, D.C., Jan. 1993.
``International Air Transportation Issues,'' International
Chapter of the Transportation Research Forum, Washington, D.C.,
July 1992.
``Airline Concentration and Competition at the Nation's
Airports,'' University of Denver/Smithsonian Institute
Conference on Airlines, Airports, and Aviation, Washington,
D.C., May 1992.
``High Speed Ground Transportation Systems,'' GAO Annual
Technical Conference, Herndon, VA, April 1991.
``Airline Fares and Market Concentration in the U.S.,''
Transportation Roundtable, National Press Club, Washington,
D.C., March 1991.
``GAO Performance Airline Audits--Fares, Schedules, and On-time
Performance,'' Institute of Internal Auditors, National Press
Club, Washington, D.C., March 1991.
``Railroad Competitiveness,'' Session Chair and Organizer,
Annual Meetings of the Transportation Research Forum, Long
Beach, CA, Oct. 1990.
``Airline Competition'' Session Chair and Primary Discussant,
Annual Meetings of the Transportation Research Board,
Washington, D.C., Jan. 1990.
``Maximum Speed Limit Compliance Formulae,'' Western
Association of State Highway and Transportation Officials,
Phoenix, AZ, March 1988.
`` `Recycling Cost Impact Guidelines,' Conference on Minimizing
Solid Waste Tipping Fees,'' National League of Cities, San
Jose, CA, Jan. 1988.
``The Economics of Hazardous and Solid Waste Management
Options,'' Session Chair and Principal Discussant, Conference
on Solid Waste Management and Materials Policy, NY, Jan. 1988.
``Issues in the Transborder Trucking of Hazardous Waste,''
National Solid Waste Management Association Hazardous Waste
Haulers Conference, Detroit, MI, June 1987.
``The Intercity Bus Industry,'' Session Chair and Primary
Discussant, Annual Meetings of the Transportation Research
Forum, Amelia Island, FL, Nov. 1985.
``New York City's Recycling Plan,'' Session Moderator,
Conference on Materials Recycling and Composting, Albany, NY,
Oct. 1985.
``Comparative Economics of Alternative Methods of Solid Waste
Management,'' testimony before the California Commission on
Natural Resources, Sacramento, CA, Oct. 1985.
``Preliminary Findings on the Safety Benefits and Costs of the
55 mph Speed Limit,'' Annual Meetings of the Transportation
Research Forum, Washington, D.C., Oct. 1983.
``Research and Data Needs of the Intercity Bus Industry,''
Annual Meetings of the Transportation Research Board,
Washington, D.C., Jan. 1983.
``The Intercity Bus Industry Under Deregulation,'' Center for
Transportation Studies of the Massachusetts Institute of
Technology, Cambridge, MA, Nov. 1982.
``The Intercity Bus Industry and Tourism,'' Session Chair and
Primary Discussant, Annual Meetings of the Transportation
Research Forum, New Orleans, LA, Oct. 1982.
``Intermodal Considerations in Determining Rail Passenger
Subsidies,'' testimony before the Senate Committee on Commerce,
Science, and Transportation Hearings on Amtrak Reauthorization,
Washington, D.C., March 1981.
``Predatory Pricing in Intercity Surface Passenger Transport,''
testimony prepared for Greyhound Lines, Inc. in Interstate
Commerce Commission Docket No. 37825-F, Washington, D.C.,
February 1980.
``The Role of Intercity Rail Transport in the Modern Travel
Environment,'' testimony before the Senate Committee on
Commerce, Science, and Transportation, Washington, D.C., March
1979.
``Transportation Economics,'' Primary Discussant, Annual
Meetings of the Western Economics Association, Anaheim, CA,
June 1977.
``Planning Intercity Transportation Services'', Annual Meetings
of the Western Economics Association, San Francisco, CA, June
1976.
``Environmental Considerations in the Pricing of Interurban
Transport,'' Annual Meetings of the Ohio Association of
Economists and Social Scientists, Columbus, OH, April 1975.
``The Demand for Intercity Transportation Services,'' Annual
Meetings of the Southwestern Economics Association, San
Antonio, TX, March 1975.
``The Role of Demand Modeling in Forecasting Modal Market
Shares,'' testimony before the Interstate Commerce Commission
in Ex Parte 277--The Adequacy of Intercity Rail Passenger
Service, Washington, D.C., March 1975.
16. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
``Testimony on Preemption of State and Local Laws on Railroad
Transloading of Solid Waste before the U.S. House of
Representatives; Committee on Transportation and
Infrastructure; Subcommittee on Railroads, Pipelines, and
Hazardous Materials; Hearing, Rayburn Building, October 16,
2007.
``Testimony of Commissioner Francis P. Mulvey, Surface
Transportation Board, Before the U.S. House of Representatives
Committee on Transportation and Infrastructure on Railroad
Competition Issues, September 20, 2007.
``Intermodal Considerations in Determining Rail Passenger
Subsidies,'' testimony before the Senate Committee on Commerce,
Science, and Transportation Hearings on Amtrak Reauthorization,
Washington, D.C., March 1981.
``The Role of Intercity Rail Transport in the Modern Travel
Environment,'' testimony before the Senate Committee on
Commerce, Science, and Transportation, Washington, D.C., March
1979.
17. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I have been serving in this position for the past 3\1/2\ years and
I believe that I have made an important contribution to the STB's
mission to promote a financially healthy railroad industry and rates
for rail movements that are reasonable. I have spent most of my
professional life in the transportation area. I believe that I have
brought to the agency an economist's perspective on the role and
importance of railroads in the national economy. I have more than 30
years of experience in the transportation field. I have worked on
transportation and regulatory issues for virtually every mode of
transportation. I directed numerous GAO studies on the aviation, rail,
and highway sectors. I am considered a national expert on Amtrak and
High Speed Rail transport.
18. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
I believe that as a Member of the Board, I am fully responsible for
ensuring that proper management and accounting controls are in place.
As an Assistant Director at the U.S. General Accounting Office (now
Government Accountability Office) and as a Deputy Assistant Inspector
General at the U.S. Department of Transportation, I am familiar with
requirements of the Chief Financial Officer's Act and I have striven to
uphold the highest standards of financial integrity. At the STB I have
taken the lead in having the agency update and complete its manual on
administrative procedures.
19. What do you believe to be the top three challenges facing the
department/agency, and why?
The top three challenges facing the STB are: (1) ensuring that the
rates that captive shippers pay are reasonable and do not undermine
their global competitiveness, (2) ensuring that railroads earn
sufficient revenues so that they can reinvest in the rail
infrastructure to meet the expected growth in demand for rail
transportation, and (3) ensuring that the quality of rail service
received by shippers is the best possible commensurate with the rates
they are paying. At present, rail rates have been increasing for many
movements following many years of decline. The rail sector has also,
for the first time in decades, been operating at or near capacity. As a
result, rates are high and the railroads are often unwilling or unable
to take on new traffic. However, this runs counter to the national goal
of shifting more freight traffic from highway to rail. The STB must
make certain that the railroads are positioned to carry out their
common carrier obligation to the Nation's shippers.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts: 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? If so,
please explain: None.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated: None.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated: None.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy.
As a Congressional staff member for the House Transportation and
Infrastructure Committee before joining the STB it was my job to draft
legislation and work to secure its passage or to work to defeat
legislation that the then Ranking Minority Member opposed. Legislation
under consideration while I was there that affected the STB was a
proposal to reauthorize the agency.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items: I have no conflicts that require resolution.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain.
I have never been disciplined, cited, or subject to a complaint for
a breach of ethics.
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.
When I was 19 years old I was cited for climbing a monument in
Washington Square Park in Manhattan following a party. As I recall, the
judge dismissed the charges on learning that it was not part of a
political demonstration.
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 was sued following a minor traffic accident (no damage to either
vehicle) after the other party alleged back injuries. Because the other
party had just had back surgery, he successfully collected (I believe
around $20,000) from my insurer.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: No, never.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain: No, never.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: I have no additional information to
offer.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees?
Since joining the STB and while I was a Congressional staff member
a Deputy Assistant Inspector General and an Assistant Director with the
GAO, I have always been very sensitive to the need for timely
compliance with deadlines for Congressionally requested information and
I will continue to do so in the future.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistleblowers from reprisal for
their testimony and disclosures?
I have always supported protection of whistleblowers from
retaliation and will continue to do so.
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?
I will cooperate fully with the Committee in providing witnesses,
technical experts, and other career employees with knowledge of
interest to the Congress.
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?
I am very willing to appear before Congressional committees and I
have done so on numerous occasions in the past.
The Chairman. I thank you very much, Dr. Mulvey.
This Committee is very cognizant of the important roles
played by our spouses, and you have mentioned your spouses
here. Mr. Johnson, would you like to introduce your wife?
Mr. Johnson. Be glad to. My wife, Joyce, is seated right
here.
The Chairman. Welcome, ma'am.
Ms. Naples, your husband?
Ms. Naples. Yes, my husband, Tom O'Neill, is right here.
The Chairman. Welcome, sir.
Mr. Stutler?
Mr. Stutler. Family's not here. Thank you.
The Chairman. Dr. Mulvey?
Dr. Mulvey. My wife, Petra, is sitting right here.
The Chairman. Welcome.
Dr. Mulvey, the Surface Transportation Board is usually
limited to addressing issues or topics brought up in
proceedings. Do you believe that the Board should have broader
investigative powers?
Dr. Mulvey. I do. Powers were somewhat limited in the
Interstate Commerce Commission Termination Act of 1995. We were
more limited in initiating our own investigations. Clearly,
there are cases where it would be helpful, where we hear about
problems, where we could initiate our own investigations and
then take actions, as appropriate, to be more proactive and
less reactive. And, while there are some cases--some areas
where we have been able to launch our own investigations, we
are limited in what we can do. We did, for example, in the fuel
surcharge case, initiate that on our own authority. But, again,
the relief that we can give, then, is more limited than we
could if we were granted more investigative authority.
The Chairman. Do you have any idea how much we would need?
Because there's obviously a lack of funds.
Dr. Mulvey. It would depend upon what we had to do. We've
already pointed out that some of the things that have been
proposed in legislation--for example, a greater role for us in
Amtrak--would require that we increase our staff somewhat. But
I think that the staff that we have now, with maybe only a
slight increase, could handle significant--more, in terms of
launching some of these investigations and taking appropriate
actions than we have, without a significant increase in our
budget. Our budget's been fairly flat for the last 10 years or
so, at about $25 million a year.
The Chairman. Thank you.
Mr. Johnson, your agency is a relatively new one, and--what
are your missions now? What are your goals?
Mr. Johnson. Thank you for the question, Mr. Chairman.
If confirmed, I have, sort of, three priorities that I am
looking at. Most of them have been mentioned earlier here
today. The aging pipeline is of concern, the aging
infrastructure and the growth--the encroachment and growth,
that is challenging some of that, needs to be investigated. And
I think the implementation of PIPES--the PIPES Act--is
certainly a very high priority.
Another priority is the aging highway, rail, and air
infrastructure through which all of our transportation,
including hazardous materials, goes. And I think that that is
an area that I will spend some time working on.
And, as mentioned earlier, I have had some experience in
international harmonization. I understand the role and the
benefit of harmonization that will improve safety through
harmonized regulations and standards worldwide, so that the
standard--we can learn from some of the standards that may be
applied here from other parts of the world, where they may
have--may be safer, or we can use ours to raise the bar
elsewhere, and provide uniformity and a greater assurance of
safety throughout the world.
The Chairman. I thank you very much. Do you have any
numbers as to how much it might cost to improve the railbeds?
Mr. Johnson. I--at this point, Mr. Chairman, I do not. I
will certainly look into that when I get to the--get into the
position, if confirmed.
The Chairman. The question I have in mind for the Amtrak
Board Members was asked by Senator Smith. I'm just curious
about the problem you brought up, so I'm going to leave it up
to you to do the questioning on that.
Senator Stevens?
Senator Stevens. Mr. Chairman, I welcome Mr. Johnson,
because I think we probably have an example of aging pipelines
in our state. We are very conscious of the safety factors, and
we will look to him for guidance, and I hope that he will be
able to suggest to Congress if there are any changes in
existing law that should be considered in order to assure the
safety and survival of these pipeline systems.
I note that Senator Lautenberg's here. I don't have a real
relationship to the Amtrak Board, so I would yield to him.
STATEMENT OF HON. FRANK R. LAUTENBERG,
U.S. SENATOR FROM NEW JERSEY
Senator Lautenberg. I appreciate that, Senator Stevens.
Thank you very much.
I just want to run through a couple of comments that I had
prepared and--just to highlight the need that we have for
infrastructure investment.
No matter where we look, we see crowding, we see delays, we
see congestion, we see pollution. And we're not looking at this
in what I will call--in a holistic manner. Very frankly, I'm
depending on the Amtrak Board nominees to not just talk about
the betterment of their financial condition, but the betterment
of their operation. What do we want from Amtrak, in terms of
its--it being the third leg--or passenger rail service--the
third leg in our transportation system? The others are bursting
at the seams. When you look at highways, and if you look at the
skyways, they are unable, with their present conditioning, to
be able to accommodate America's needs.
And I'd point out--and I learned, just recently--or I
looked, just recently--at the population growth in this
country. In 1970, we were 200 million people. Now, 37 years
later, we're 300 million. The systems were not built to
accommodate the needs that we have. And when we look at, for
instance, our bridge deficiencies, they're so obvious. And we
saw the worst of it in Minneapolis last summer. Airport
runways, for instance, do not have the best technology on the
runways to keep our passengers and flight crews safe. Dr.
Mulvey, you'll be--you've got to look at that as part of your--
the information that your department gathers. And so, as we
struggle to meet travelers' demands--and I use Amtrak
frequently, because I found out that a 45-minute flight from
here to New York or Newark Airport--I live midway between the
two, in New Jersey--and I find that the 45-minute flight from
here to New York region airports can take 2 or 3 hours--45-
minute flight.
So, we're fooling ourselves. We have not invested in Amtrak
the way it should have been. And, oddly enough, my two
colleagues who sit at the front of the desk, the Chairman and
the Vice Chairman, are the furthest from Amtrak that you could
be and still be in the United States. Senator Smith knows
differently. He knows the value of Amtrak, and he's seen it
directly.
Senator Stevens. I could make, my friend, a suggestion.
Senator Lautenberg. Do you want a railroad?
I promised Senator Inouye we'd get him a railroad.
Senator Stevens. Well there is no link from Fairbanks to
Canada; otherwise, we could put rail cars through the Alaska
railroad, the Canadian system, and down into Amtrak. Just 100
miles.
Senator Lautenberg. I'd like to discuss that with the
Chairman of OMB and see what he thinks of that.
[Laughter.]
Senator Lautenberg. I've been trying to figure out the way
to get the railroad to Honolulu. Now, that is a----
[Laughter.]
Senator Lautenberg. But, on the serious side of things----
The Chairman. We're happy with what we have.
[Laughter.]
Senator Lautenberg. Yes. The distance from the mainland
to----
In any event, Mr. Chairman, I want to ask that my statement
be--full statement be included----
The Chairman. Without objection----
Senator Lautenberg.--in the record.
The Chairman.--so ordered.
[The prepared statement of Senator Lautenberg follows:]
Prepared Statement of Hon. Frank R. Lautenberg,
U.S. Senator from New Jersey
Mr. Chairman, America's transportation infrastructure is in need of
repair. Many of our highway bridges--like we saw in Minneapolis last
summer--are deficient. Airport runways do not have the best technology
to keep our passengers and flight crews safe. And our passenger rail
systems have simply been neglected.
We can no longer ignore our infrastructure needs. We are already
struggling to meet travelers' demands. And in the future, demands will
increase--with more cars and trucks, more planes and more people riding
the rails. We need to invest in our infrastructure and ensure its
safety and capacity for our country's needs.
That is the kind of leadership I am looking for from today's
nominees. Several of these individuals have been nominated to serve on
Amtrak's Board of Directors. As they know, I am concerned that there is
no existing law to guide Amtrak and our Nation's passenger rail policy.
That is why I hope the House will begin working on the Lautenberg-Lott
Amtrak bill very soon.
Our bill will lay the tracks for a strong passenger rail network--
one that will bring more balance to our national transportation system.
It will create a new intercity rail grant program to connect more of
our towns and cities by rail. And it will provide direction and reform
to the Amtrak Board. This Committee unanimously supported our bill. I
look forward to the House's action.
Now let me talk about two other nominees. First, Commissioner
Mulvey has been re-nominated to the Surface Transportation Board. I
welcome this nomination and I hope his service on the Board will
continue. His is often the lone voice of reason on many important
issues.
Second, Mr. Johnson has been named to serve as Administrator of the
Pipeline and Hazardous Materials Safety Administration. This agency
needs strong leadership to complete the work outlined in the pipeline
safety bill we passed last year. I'm disappointed that no action has
been taken on one provision I wrote regarding new rules protecting
Americans from hazardous gas leaks in their homes. I am anxious to
learn of Mr. Johnson's plans for getting that work done.
I look forward to hearing from our witnesses.
Senator Lautenberg. And I would ask Mr. Stutler, Ms.
Naples, Mr. Carper--Mr. Carper, I understand, couldn't be here,
regrettably; I learned that--the reason for his not being
here--but each of you, as those who are Amtrak nominees, have
each of you ridden recently on Amtrak?
Ms. Naples. I rode on it yesterday. I came----
Senator Lautenberg. Yesterday.
Ms. Naples.--from BWI to Washington.
Senator Lautenberg. What did you think of the ride?
Ms. Naples. It was perfect. It was on time, it was--the car
was----
Senator Lautenberg. We were on----
Ms. Naples.--extremely clean.
Senator Lautenberg.--a different railroad, I can tell.
[Laughter.]
Ms. Naples. I had no problems yesterday, and I have taken
this route frequently and have----
Senator Lautenberg. Yes.
Ms. Naples.--only once had a small problem.
Senator Lautenberg. I came down on the railroad yesterday
from Newark to Washington, and I was on the bumpy trains. I
guess your train was--might have been a different one. But it
just--even as it makes progress, it's obvious that it hasn't
kept up with the current need. And the one thing I would
caution those of you who are nominees, is, when you look at the
reform, I have--you have to think deeply about what you mean by
``reform.'' A reform doesn't simply mean getting--looking just
at the work rules or things of that nature, to--but what role
the railroad should play in America's near future--not far-
away; near future. And I think that you have an obligation to
try and make sure that, whatever funding we can get for Amtrak,
we must get.
And, Mr. Chairman, all of us here are now aware of the fact
that we are having a particular funding mechanism go into play,
omnibus funding for our needs, and we've already been notified
that this year's Amtrak expectation, not the new Amtrak
reauthorization bill, but just the appropriations required, has
been cut by $100 million. And these things play a terrible role
in making sure that Amtrak, that has never been sufficiently
funded--if we'd look at what's happened in Europe, Germany
spent $7 billion a year, I think, for 10 years to get their
system up to snuff. And, since this has been a public
corporation since the early 1970s, I don't think we've spent
$30 million--$30 billion. So, it's a--something that you have
to look at.
And I would caution you about making certain that you stand
up for more funding and don't simply defend an administration
position on what they want to do. Find the needs, understand
what you've got.
I didn't see you making any--either of you making comments
in the--in your statements about what the problems might be. Is
it equipment? Is it trackage? Is it signage? Is it--what kind
of speeds do we want to see on Amtrak? If we could get Amtrak
to accelerate its ride between here and New York, I think that
we could relieve the skyways of some of the pressure that we
have, the shuttles that go back and forth.
But I want to just ask Mr. Stutler a question. You had a
fairly high post in Florida, with Governor Bush, and we had--
you had, there, one of the most ambitious rail projects in the
country in front of you. Now, what experience did you learn in
that Administration that--because that project was killed. Am I
correct about that?
Mr. Stutler. Are you referring to the Florida--the high-
speed rail project----
Senator Lautenberg. Right.
Mr. Stutler.--or the commuter rail----
Senator Lautenberg. No, the high-speed rail project.
Mr. Stutler. If I may, Senator, Mr. Chairman. Senator, the
highspeed rail, back in--I guess that--I wasn't in the role
that I was when I--as Secretary at the time, but that project
was thought, by the Governor at the time, to be a--not the--he
didn't believe the ridership numbers.
Senator Lautenberg. Well, how did you feel about it?
Mr. Stutler. To be honest with you, I haven't look at them.
I wasn't in a role to advise him on those sort of matters at
the time, but I could--be happy to look at them----
Senator Lautenberg. What was your position at the time,
then?
Mr. Stutler. I was working at the Department of
Environmental Protection, doing environmental work, but I had
mostly read--that was done--my--primarily, in the transition,
in 1999.
Senator Lautenberg. Do you think that experience will help
you, as a Member of the Board of Amtrak, when you see projects
that demand a bold approach in the--something that may be
painful in developing, but on the--in the final analysis, will
make our rail system a lot more efficient and better for us?
Mr. Stutler. I think that that experience--you know, it
wasn't hands-on. The one--I agree that a lot of the decisions
to move forward with a--you know, a bold decision, are going to
be painful at first. I definitely agree with that. And one of
the ones that I would speak to, that I was very familiar with,
is the development of commuter rail in central Florida through
the area known mostly--you know, Orlando area, 61 miles. And
one of the things that I learned there, Senator, was that--that
was really a corridor-type approach--when you were looking at
the Interstate 4 expansion, in order to get the same capacity
on the rail--commuter rail, it was really about a $7 billion
capital investment in order to get the same capacity that we
were able to negotiate by using the line, do some double-
tracking, and 30 years of O&M, for $1.8 billion. And when you
can move that number of people in the same general direction, I
think that--as you referred to earlier, looking at the
highway--I think we have to step back and look at an overall
investment strategy in the corridors of this country, and I
think Amtrak can play an important role in that.
Senator Lautenberg. Speak up for--Mr. Chairman, thanks very
much. I'm sorry if I ran a few minutes over. But I'd like the
record to be kept open so we can submit written questions to
our friends at the witness table.
Thank you.
The Chairman. It will be.
Senator Carper?
Senator Carper. If I could, I'd like to yield to Senator
Smith, then I'll, maybe, succeed him, if I could.
Thanks.
Senator Smith. Thank you, Mr. Chairman, Senator Carper.
Dr. Mulvey, in my opening statement you probably noted some
of my concerns. The issue of private equity investing in
railroads--I mean, I'm not opposed to it; I think it's an
important source of capital, but I'm also mindful that they
have very short-term investment goals. And I'm aware of some
private capital investments in Oregon railroads that are going
begging right now. And I wonder if you have a thought on that,
or what the obligation ought to be of private equity firms who
want to invest in railroads. Aren't there some obligations that
you ought to be enforcing, or the STB, that can help protect
the people who depend upon railroad for their commercial lives?
Dr. Mulvey. I absolutely agree that people who invest in
railroads ought to have a longer-term perspective than hedge
funds generally do have. Now, when these hedge funds plan on
investing in railroads, they very often stop by our offices and
talk to us about their plans before they're going ahead and
telling us that--they tell us, ``Well, they have a long-term
perspective,'' that they're in here for 5 or 10 years, et
cetera, and that's their plan. However, these assurances are
not enough. We need----
Senator Smith. Do you have any enforcement tools to hold
them to their assurances?
Dr. Mulvey. At this point, we don't. We can, however, if
they begin to act in a way that is detrimental to the public
interest and the service of the shippers, we can step in. I
mean, if their complaint is filed, we can come in, examine,
look at, see if the service is adequate, et cetera; and, if
it's not, then we could tell them that they would have to
divest the line and sell it off to somebody who wants to give
the service.
Senator Smith. Do you need some legislative authority, that
we ought to be getting to you, to have the enforcement----
Dr. Mulvey. I think what we need is our ability to
investigate on our own initiative as--instead of waiting for
someone to act and say, ``There's a problem developing up
here.'' We're aware that those problems exist, not only in your
state, but around the country. There are places where railroads
are cutting back on their investment, saying, ``Well, maybe the
traffic isn't there.'' And we need to be able to look at that
and make sure that the public's--is being served and that
shippers are getting good service and that they're not being
just exploited as assets without any understanding of the
common-carrier obligation. Railroads do have a common-carrier
obligation, and the STB does have a mission, a role, a charge
to enforce that common-carrier obligation.
Senator Smith. Well, I hope that if you find, as you
proceed after your confirmation--reconfirmation--that you need
more authority than you have, that you will come to this
Committee, and we will write you authority to make sure you
have the tools necessary to serve the public.
Dr. Mulvey. We certainly will, sir.
Senator Smith. Do you believe that the abandonment process
effectively balances the interests of shippers and railroads?
Dr. Mulvey. The abandonment process, right now, to some
extent, it--there are ways to make sure that the interests of
the railroads and shippers are balanced. When a railroad wants
to abandon a line of--a branch line, or what have you, it has
to protect labor, it has to give labor protection if there are
workers involved; it has to notify shippers that it's going to
be abandoning the line; and then, those who are being served on
the line do have the option of putting up an offer of financial
assistance so that that rail line can be kept operating. And
that's important. And very often we do get these offers of
financial assistance; shippers or other groups will find
somebody else to operate the line, and the line can continue.
We are very concerned about keeping the amount of rail
service--rail lines that are in operation stay in operation.
Our Nation's rail system has shrunk dramatically since
Staggers, and it's--we have, now, less than 100,000 miles--
route miles of rail line today. We don't want to see that get
any smaller. We want to make certain that when lines are no
longer capable of being served by the large Class I railroads,
that there are either Class II railroads or Class III railroads
or others who can come in there and offer the service.
Senator Smith. I just want to register my concern--my
question, really--that perhaps the abandonment process does not
adequately balance the interests of involved shippers and
railroads. And I think that that's something that really
deserves our attention.
Dr. Mulvey. We certainly are looking at--willing to look at
the abandonment process, as well as the other processes we
have, to make sure that money does come in to the railroads.
We've had a lot of discussion in this hearing about the need
for infrastructure investment. And people often focus on high-
speed rail or airports or highways, et cetera, but that goes
all the way down to the small short-line railroads, as well.
Now, there was legislation that was passed a while back,
when I was working on the Hill, and I was proud to have worked
on that, which committed monies to invest in short-line
railroads, about $1 billion over a 3-year period, so those
lines could be upgraded so they could handle more traffic and
stay in business, and replace the worn-out bridges and other
parts of the railroad infrastructure. And that particular piece
of legislation, I believe, is up for renewal. And I think it's
important that monies be made available for these short lines
so that they can get capital at reasonable rates, and can make
the investment to continue to operate.
Senator Smith. Well, to that very issue, Commissioner,
earlier this fall the short-line railroad that provided service
along a 136-mile stretch in southwest Oregon announced it would
suspend service, due to safety concerns involving the line's
tunnels. The Federal Railroad Administration engineers have
toured the line and confirmed that it is a safety hazard.
According to FRA's inspection report--and I am quoting--
``predominant problems observed were decay of untreated cinder
timbers, lagging and footing blocks.'' The FRA's inspectors
noted that ``some of the timbers sound hollow and decayed when
struck with a hammer.''
Now, clearly this situation did not happen overnight, this
has been going on, apparently, for a long, long time. And what
I really want to know is what Surface Transportation Board's
role is in ensuring that investments are made to provide proper
maintenance so that we don't get into these situations and
literally strand--leave stranded hundreds of family-supporting,
good wage jobs that work in mills, that work in fish
processing, that work in places that really have no other
transportation alternative, because the winding roads to get to
I-5 are simply already congested. What is the role of the STB?
Dr. Mulvey. Well, I can't speak directly to the situation
you have, because that case may come before us, but I can speak
more generally to the needs, to make sure that we invest in the
railroads and keep them safe and sound. You point out that the
deterioration of this line is not something that happened
overnight. There is some----
Senator Smith. Who's responsible, and who do we look to for
an answer to--when we go back home and we are confronted with
hundreds of people who are saying, ``Well, wait a minute, they
didn't make the investment, and my job is coming to a close
because we can't ship what we produce here''?
Dr. Mulvey. --part of it, of course, is a safety issue.
These tunnels were declared unsafe by the FRA and their
inspectors. If you have ties that are sounding hollow, it means
they haven't been replaced when they should have been replaced.
There are FRA--and, for that matter, AAR--rules and regulations
regarding maintenance, and if those have not been observed,
then there should be enforcement of those safety rules. And
that is an FRA--an FRA matter, rather than a Surface
Transportation Board matter.
Senator Smith. Well, I'm taking----
Dr. Mulvey. Our role----
Senator Smith.--I'm taking it up after them. And please
don't regard this as a criticism of you, Commissioner, that is
not intended so--but somebody's failed on the job, candidly.
Something has gone wrong. So, if it isn't STB, it's FRA. And
somebody needs to answer to all these people.
Dr. Mulvey. I agree. We shouldn't be pointing fingers, and
I don't mean to be pointing fingers--pointing fingers. What I
am suggesting is that we need to continue to be vigilant----
Senator Smith. Yes.
Dr. Mulvey.--and see what is happening around the country.
And, again, as I said, if we had more investigatory powers and
able to look and--when we hear that investments aren't being
made, go out and find out why--we have an Office of Consumer
Affairs, we have an Office of Government Affairs, both of whom
are actively working on your particular issue in Oregon. But,
basically, they can just offer their good services and try to
negotiate a solution. It would be good if we could do more than
that, we could say, ``Look, you are not being a good operator
here. If you are not going to do what's necessary to serve the
people, then we may need to''----
Senator Smith. They're the wrong owner, then.
Dr. Mulvey.--``get a new owner.''
Senator Smith. But, you know, whether it's FRA or STB, we
need somebody that has some authority and some accountability,
and this is an issue that really does impact, adversely, rural
places.
Dr. Mulvey. That's why--I understand that. It certainly
does, sir.
Senator Smith. Well, thank you, Commissioner.
And, Mr. Chairman, just a general question to our other
nominees.
Oregon and Washington are one of just a handful of states
who meet their Amtrak copayment obligation. I was very pleased
to help participate in passing the Amtrak reform bill that
moves into a more fair allocation of cost-sharing with states
fulfilling their responsibilities, too. We have the Cascade
line that is very important to the Pacific Northwest.
Passengers use it all the time. The trains are full and
appreciated. And the State legislatures are meeting their
responsibility. But when it comes to cost allocation and
capital match, I want to really highlight to you, the key is--
ensuring long-term viability and growth in ridership--is that
states participate. The bill--the reform bill we passed makes
that requirement. And so, I wonder if any of you have a comment
about the role you see for States in expanding passenger rail
and ensuring that the whole system remains viable. To any of
you.
Ms. Naples. Mr. Chairman, Senator Smith, I certainly
believe--and I applaud Senator Lautenberg for his words, saying
that we need to take a holistic approach to this, we have to
look at the entire picture in order to see Amtrak survive and
thrive in the future. And, certainly, the states' participation
is extremely necessary.
I don't have any further data on it. I'm new to this. But I
certainly believe that that is the approach we should take. And
if the States need to take a role, then they must take a role,
because train travel in this country is vital to our future.
One point that I don't think was made about the necessity
of train travel in the future is that it leaves a smaller
carbon footprint, as well. So, besides the fact that our
airways are congested and it's very difficult to get around, I
have great familiarity with highway safety, because I was the
Commissioner of Motor Vehicles in New York State, and I know
how crowded our roads are; and it's worse than ever. So, I
think that there is a tremendous need for rail transportation
in this country. We certainly need to look at that whole
picture and figure out funding and participants' roles, such as
the States.
Senator Smith. Thank you, Mr. Chairman.
The Chairman. Thank you.
Senator Carper?
Senator Carper. Thanks, Mr. Chairman.
Again, thanks to our witnesses for your presence and for
your willingness to serve our country.
A couple of questions, if I could, for Ms. Naples and for
Secretary Stutler.
First, Secretary Stutler, when you left my office
yesterday, you were having real problems with your back, and I
could tell you were in a lot of pain. I don't know if you're in
pain right now, but if it gets to be too painful, I'd stand up,
if I were you, and we'll try not to make the pain any more
painful than it needs to be. But thank you for sticking through
this.
The question I--one of the questions I asked our Amtrak
nominees yesterday--and I just wanted to come back to it again
today, to ask each of you just to share with us your vision for
passenger rail service in the 21st century.
Ms. Naples, would you start off, and then, Secretary
Stutler, I'll ask you, to just lay it out in some detail, if
you would, your vision for passenger rail service in this
country in the 21st century.
Ms. Naples. More than ever, I think we need to have an
excellent system that is reliable and flexible, that people can
travel, not only for short distances, but long distances. I
think that, again, using Senator Lautenberg's words, we need to
look at this from a holistic perspective, look at the whole
picture. And, when I say that--and I think I said this to you
yesterday, when you were gracious enough to meet with us,
Senator Carper--that we need to make this whole idea of rail
transportation--and every American needs to understand--it is a
national priority. With the world changing as rapidly as it
is--and one thing that I think I mentioned yesterday was, the
use of electronics by everyone constantly, whether it's their
BlackBerrys or their cell phones or their DVD players, we see
people, we see people who are so reliant on these things, and
you can't drive a car--hopefully, you don't drive a car as
you're sending an e-mail message--people really require a way
of getting around, where they can use the tools that they use
every day. And I think if we had a national commitment, part of
our--part of our national motivation, I guess, that people--
that rail is very, very important to America's--Americans, and
it can solve a lot of problem, I think that we then can see
this emphasis, and, with the Congressional support, as well as
administrative support, we can build these railroads into
providing much better service than we have today, and bring the
rails into the lives of many, many people.
I'm personally committed to this. I personally want to see
passenger rail service thrive in this country. I love the
railroads. And I'm taking on this responsibility--I have
requested your confirmation for this position--so that I can do
everything in my power to bring rail travel to the attention of
Americans and to see that we solve the problems. I'm not here
just to look at the financial aspect of it, but to look at the
whole picture and to improve rail travel for every American and
make it a viable system of transportation in this country.
Senator Carper. Secretary Stutler?
Mr. Stutler. Mr. Chairman, Senator Carper, thank you for
your concerns, as well as your question.
I guess I--when I look at the--you asked this question
yesterday, and I--thinking about it, a couple of thoughts come
to mind.
Number one is, I think intercity passenger rail in this
country represents some simplicity that I think that--is
beneficial, at least my own experience in--and many times I've
traveled from this city up to New York City on Amtrak, and it's
just easy. It's just easy, and it's simple. You get on the
train, you pop up your laptop or your papers, and you're there
in--and it's simple. And I think that we've not made it as
clear to people how easy it is to use and how friendly it is
and capable of serving--you know, being a service provided--or
Amtrak as a service provider.
I also think that--when I think about the vision for the
21st century of intercity passenger rail, I think of looking at
a corridor approach of investment choices of all of our
transportation dollars. And I think that, when--you know, we
have existing infrastructure, we have existing rights-of-way.
Those are--the cost increases associated with rights-of-way and
infrastructure have been double-digit increases for the last 2
to 3 years. It's very costly to build new rights-of-way,
whether it's for roads or for rail. And I think we have to--
when I look at a I-95 corridor, I think about, you know, there
are rail alternatives, there are state road alternatives, and
there are, you know, U.S. 1 and other alternatives, if you sort
of took a cross-section. I always look at them as pipes, you
know, filled with water, and each pipe is capable of holding a
little bit more water. And, I think, when it comes to
passengers, our rail system is capable of taking on more
capacity. And, as we make choices between lane-miling our way
out of congestion and alternatives in passenger rail, I think
it has to be looked at, but it's going to take, you know, a--
it's going to take a different approach to how we fund
transportation and how we, you know, make investment choices.
I think that it can provide, in those congested corridors,
with the right incentives, transit or interdevelopment that
is--you know, when I go into--I guess, it's Penn Station, in
New York City, and--I mean, dry cleaners right there, shoe--you
know, have your shoes--food, everything you need is right
there, because it's--the critical mass is there to create the
emphasis for business.
So, I guess, to answer your question, I see it as a viable
option that creates, you know, simplicity for a lot of us who
are going a million miles a minute. I think it creates a real,
legitimate choice to be made as our transportation investments
are made. And I think that--I might be naively optimistic, but,
you know, I haven't presumed anything, so I haven't been--I
haven't been consumed by all the facts yet.
Senator Carper. Thank you.
Let me ask--and this would be a question for you, Secretary
Stutler, and then for Ms. Naples, as well. Let me start--ask
you to start off.
When--putting on your old hat as the Secretary of
Transportation for your state, how can we create a better
partnership between the Federal Government--federally funded
Amtrak, working in concert with the states and working in
concert with the private freight railroads who own the track
over which Amtrak needs to travel outside of the corridor?
We were talking, yesterday, about--and you mentioned again
today in your testimony--that the ridership--you, sort of,
wondered aloud yesterday, and again today, why the ridership on
Amtrak is as low as it is. Actually, in the Northeast Corridor
you can't buy a train ticket for the next week or two, and it
was that way around Thanksgiving. The Amtrak, Acela Express, is
run probably--oh, more than 80 percent full. During the course
of the day, they generate a fair amount of money. Their on-time
performance is about 90 percent. When--the regionals do well,
but not that well--but when you get outside the corridor and
Amtrak doesn't own the track, as you know, they've got to get
out of the way of the freights. And the priority of the freight
railroads, for the most part, is to move freight, not people.
But, just--my question is, how do we make it--if you--I
think of it like--almost like three legs of a stool--Federal
Government, through Amtrak, the State governments, and the for-
profit freight railroads--how do we get them, better, to work
together to provide the underpinning for passenger rail service
that works outside of the corridor? And we've seen some
examples out of Chicago, in the Midwest and certainly on the
West Coast, that might provide some examples. But, go ahead.
Mr. Stutler. Mr. Chairman and Senator Carper, thank you.
Let me begin, just, really by way of example, and that is,
what the state of Florida was doing in the commuter rail in
central Florida was trying to achieve a full-funding agreement
with the Federal Government. The opportunity to have a--you
know, reach an agreement with CSX was as much about timing as
it was anything in that Federal process. We had to demonstrate
that we either had the ownership of the line or a perpetual
easement for use of the line, which required negotiations with
CSX.
You know, first of all, I think, without question, you
know, requiring States to fund a portion of the investment is
critical, because I think that shows a commitment, and I think
that prioritization of funding and making choices, and making
the choice to make it a priority, is important. So, I think,
just in basic principle, State funding is important, and
participation.
As it relates to the for-profits, I think that, you know,
it gets--you know, the--my own experience--not based on
empirical data, but just my own observations--is that for
some--you know, with the--there's been a long period of time
where passenger rail wasn't used as widely as I think it has
the chance of becoming more widely used again. And so, freight
had the benefit of, you know, using the lines when they needed
to. What I learned in the central Florida example was, there
are enormous modeling techniques, and, frankly, it's a nominal
incremental cost to add double tracking in existing right-of-
way, compared to acquiring new right-of-way to build new lanes
of road. And so, when we were able to, and a willingness to,
cost-share double-tracking to allow for the movement of trains
as needed by all parties, it was--you know, it was an
investment, I'm going to say, that's less than--less than $100
million--I don't recall the numbers, but certainly could follow
up, if I need to--but, you know, it was modest investment for
achieving everyone's interest in an existing corridor, and,
really, at the end of the day, was, through negotiations--and I
think that that's going to be--first of all, there needs to be,
you know, a framework established that allows for flexibility,
and then--and then, from the partnerships with the private--the
for-profit railroads, I think if there's a genuine interest in
achieving both goals, I think the technology and the modeling
is there to allow that to happen, and I think there has to be a
shared interest in realizing the benefits of it, and we just
can't lane-mile our way out.
So, with that, turn it over to Ms. Naples.
Senator Carper. I know my time is expired, Mr. Chairman. Do
we have time for, maybe, a minute for Ms. Naples on this
question?
The Chairman. Without objection.
Senator Carper. Thanks very much.
Ms. Naples?
Ms. Naples. Thank you, Mr. Chairman. Thank you, Senator.
My business experience has taught me some lessons in how to
get things done, and certainly, without having details about
how this operates--I'm sorry that I don't have any details
about it--but, just from a business perspective, I think that
the first approach that I would suggest taking would be
communicating with all the interested parties, and let's not
only try to give one viewpoint, but bring all viewpoints to the
table and come to some agreements.
I also believe that the fact that there is a financial
responsibility is extremely important, because that brings
ownership and a vested interest for all the parties, as well.
So, from that perspective, I think that's how I would
suggest we would approach something like this.
If I'm confirmed by this Committee and by the Senate, I
certainly will do more to learn about the details of exactly
what's involved.
Thank you.
Senator Carper. Thank you.
And thank you, Mr. Chairman.
The Chairman. Mrs. Naples and gentlemen, on behalf of the
Committee, I'm pleased to congratulate you on your nominations
and to thank you for your public service.
We will be submitting questions for your consideration, and
I hope you can respond to them.
This afternoon, in mid-afternoon, we will have an executive
session, at which time Mr. Johnson, Ms. Naples, Mr. Stutler,
Dr. Mulvey, and Mr. Carper will be confirmed. And so,
congratulations.
Thank you.
The hearing is adjourned.
[Whereupon, at 12:21 p.m., the hearing was adjourned.]