[Senate Hearing 116-635]
[From the U.S. Government Publishing Office]
S. Hrg. 116-635
NOMINATION OF THOMAS B. CHAPMAN,
NOMINEE TO BE A MEMBER,
NATIONAL TRANSPORTATION SAFETY BOARD
=======================================================================
HEARING
before the
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED SIXTEENTH CONGRESS
FIRST SESSION
__________
DECEMBER 11, 2019
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available online: http://www.govinfo.gov
______
U.S. GOVERNMENT PUBLISHING OFFICE
52-941 PDF WASHINGTON : 2023
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED SIXTEENTH CONGRESS
FIRST SESSION
ROGER WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington,
ROY BLUNT, Missouri Ranking
TED CRUZ, Texas AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska EDWARD MARKEY, Massachusetts
CORY GARDNER, Colorado TOM UDALL, New Mexico
MARSHA BLACKBURN, Tennessee GARY PETERS, Michigan
SHELLEY MOORE CAPITO, West Virginia TAMMY BALDWIN, Wisconsin
MIKE LEE, Utah TAMMY DUCKWORTH, Illinois
RON JOHNSON, Wisconsin JON TESTER, Montana
TODD YOUNG, Indiana KYRSTEN SINEMA, Arizona
RICK SCOTT, Florida JACKY ROSEN, Nevada
John Keast, Staff Director
Crystal Tully, Deputy Staff Director
Steven Wall, General Counsel
Kim Lipsky, Democratic Staff Director
Chris Day, Democratic Deputy Staff Director
Renae Black, Senior Counsel
C O N T E N T S
----------
Page
Hearing held on December 11, 2019................................ 1
Statement of Senator Wicker...................................... 1
Statement of Senator Cantwell.................................... 2
Witnesses
Thomas B. Chapman, Nominee to be a Member, National
Transportation Safety Board.................................... 2
Prepared statement........................................... 5
Biographical information..................................... 6
Appendix
Response to written questions submitted to Thomas B. Chapman by:
Hon. John Thune.............................................. 21
Hon. Gary Peters............................................. 21
NOMINATION OF THOMAS B. CHAPMAN,
NOMINEE TO BE A MEMBER,
NATIONAL TRANSPORTATION SAFETY BOARD
----------
WEDNESDAY, DECEMBER 11, 2019
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 11:06 a.m., in
room SD-G50, Dirksen Senate Office Building, Hon. Roger Wicker,
Chairman of the Committee, presiding.
Present: Senators Wicker [presiding], Cantwell, Baldwin,
and Rosen.
OPENING STATEMENT OF HON. ROGER WICKER,
U.S. SENATOR FROM MISSISSIPPI
The Chairman. I will now call to order a hearing to
consider the nomination of Tom Chapman to serve as a Member of
the National Transportation Safety Board for a term expiring
December 31, 2023.
Mr. Chapman is well known by many of us as he currently
serves as Minority Counsel to the Senate Commerce Subcommittee
on Aviation and Space and has worked with us in this capacity
since 2014. His extensive experience in the aviation sector
spans his entire career. Prior to his service to our committee,
he spent eight years as Vice President for Government Affairs
at US Airways.
Additionally, he previously worked as Legislative Counsel
at Southwest Airlines and spent 16 years working at the
Aircraft Owners and Pilots Association in various policy and
Government affairs roles. Mr. Chapman received his BFA in music
from C.W. Post College in 1978 and his JD from the American
University School of Law in 1982. The NTSB is an independent
Federal agency. It investigates and determines the probable
cause of all civil aviation accidents and other significant
rail, highway, marine, and pipeline accidents.
The Senate Commerce Committee relies on the professional
expertise of the NTSB in performing our important oversight
responsibilities and in crafting legislation to provide for the
safety of the American public. NTSB board members frequently
testify before our committee and provide critical insight and
guidance on pressing matters of public safety.
On behalf of the Committee, I would like to express my
appreciation to the NTSB for the vital role they play and for
the support they give to us. Mr. Chapman, I would like to thank
you for testifying today and for your willingness to serve in
this key position of public service.
I look forward to learning more about your qualifications
and background. And I now turn to my friend and Ranking Member
for her opening remarks.
STATEMENT OF HON. MARIA CANTWELL,
U.S. SENATOR FROM WASHINGTON
Senator Cantwell. Thank you, Mr. Chairman. As you
mentioned, the NTSB plays a critical role in investigating
transportation accidents, making recommendations that can
prevent future accidents, save lives, and prevent injuries. So
while the Board is a small agency, it is currently working on a
number of critical safety issues and many of which have been
before this Committee.
The NTSB needs to be operating at full strength and that is
why I am pleased to welcome Tom Chapman to this hearing today
in his nomination to serve as a Board Member of the NTSB. You
went through the various resume points of Mr. Chapman as he has
worked with many of us first in the private sector, then later
working under Ranking Member Nelson, and most recently under
our tenure at the Committee. During that time, he has made
significant contributions and obviously will continue in this
focus on the important safety aviation priorities that we need
to be working on.
Prior to joining the Committee, as you mentioned, he worked
extensively at airlines and airline operations safety. As a
general aviation pilot, he knows how important oversight is,
how essential it is, promoting safety, preventing deaths and
injuries, and what we need to do to prevent accidents. So, I
look forward to hearing from him today. Obviously one of the
pleasures we get having worked with him is we actually get to
meet your family today. And so I would also like to welcome his
wife and son to the hearing as well.
And I am sure you will make introductions, but again, thank
you for this hearing, Mr. Chairman, and thank you for, Mr.
Chapman, your willingness to serve the NTSB.
The Chairman. Mr. Chapman, you are now recognized for your
five-minute opening statement. Your entire statement will be
entered into the record at this point. But feel free to take a
moment to point out family members, and particularly any other
family members that might be here other than your wife and son.
STATEMENT OF THOMAS B. CHAPMAN, NOMINEE TO BE A MEMBER,
NATIONAL TRANSPORTATION SAFETY BOARD
Mr. Chapman. Absolutely, Mr. Chairman. I do want to
introduce the two people who are most important to me. My wife,
Scotty O'Connell. She is my partner and best friend and she has
been for these past 34 years. I get a little choked up about
that. And next to Scotty is our handsome son Patrick. We are
very proud of Patrick who is currently a senior at St. John's
College High School here in Washington. By this time next year
he will be away at college and Scotty and I will probably be in
grief therapy some place----
[Laughter.]
Mr. Chapman. But we are very, very proud of him. Chairman
Wicker and Ranking Member Cantwell, thank you for the
opportunity to appear before you today. I am honored to be
nominated to serve on the National Transportation Safety Board.
I am grateful to Senator Schumer for recommending me and to
President Trump for nominating me. I also want to thank former
Ranking Member Bill Nelson for his support on my behalf, as
well as former Chairman Jay Rockefeller for offering me the
opportunity to serve on the staff of the Senate Commerce
Committee. I greatly admire the members of the staff on both
sides of the aisle who work so hard to facilitate the work of
the Committee. I am proud to call those fine people my
colleagues and my friends.
Before proceeding, I want to introduce--actually I
introduced them already so I will proceed. Mr. Chairman,
appointment to the NTSB would be a rewarding opportunity to
apply my experience and skills in a role allowing me to
continue giving back through public service. My nearly four
decades of experience have prepared me well for such a task. I
have been deeply involved in an extensive range of aviation
issues, often playing a key role in identifying and negotiating
resolutions.
In varying degrees, virtually every aspect of aviation
involves considerations of safety. Consequently, an awareness
and sensitivity to a pervasive culture of safety is embedded in
my professional approach, consistent with the critical safety
mission of the NTSB. In addition to my experience, I would
bring at least two qualities to the position which I believe
are valuable. First, I have benefited from an established
reputation for collegiality and consensus-building.
Second, I am committed to public service and believe that
much is expected from those who are most fortunate. I am an
aggressive advocate for the policy positions I am
professionally obliged or personally committed to represent.
However, I strive to demonstrate respect and appreciation for
the views of those with whom I may disagree. I believe in
compromise and I take pride in crafting solutions that will
accommodate seemingly conflicting points of view. Many of those
I consider my most valued professional friends and associates
are those with whom I have most significantly clashed over past
policy disputes.
As for my commitment to service, I view it as a
responsibility for those who were fortunate to have prospered
from professional life in the private sector as I have. During
the last five and a half years, I have been privileged to serve
on the staff of the Senate Committee on Commerce, Science, and
Transportation. I joined the Aviation subcommittee staff in
anticipation of the major legislative effort required to
reauthorize the Federal Aviation Administration. I worked
collaboratively with the bipartisan Senate team throughout the
114th Congress to develop a comprehensive FAA reauthorization
bill passed by the Senate in April 2016. Subsequent
negotiations that year with the House culminated in passage of
the FAA Extension Safety and Security Act of 2016, passed that
year by Congress in July 2016.
Efforts to agree on long-term comprehensive legislation
then continued in the 115th Congress, resulting in passage of
the FAA Reauthorization Act of 2018, signed into law October 5
of last year. That five-year packaging negotiated on a
bipartisan basis ensures long term stability and various
important reforms of the FAA. It also reauthorized and reformed
the Transportation Security Administration and the National
Transportation Safety Board. I am proud of the major
accomplishments to which I have contributed since joining the
Commerce Committee staff.
Looking forward, I want to offer a few thoughts regarding
areas of focus I anticipate will be important should I have the
honor of serving as a Member of the National Transportation
Safety Board. As I see it, the agency is facing at least three
challenges, three key challenges. First, autonomous vehicles
and new technology. Advances in automation in the development
of autonomous vehicles hold great promise for enhancing
transportation safety. However, these advances present new
questions and challenges, some of which will be difficult to
anticipate. NTSB must keep pace with the rapid changes, and it
must ensure that staff expertise is maintained, and that
appropriate tools and technical skills are available or
developed to meet the challenge.
The second challenge I see is keeping pace with demand.
NTSB's reputation as the world's premier transportation agency
is well deserved. With such a reputation comes high
expectations and meeting those expectations in a timely fashion
is ever more important. The resources available to the agency
are limited and may become more so. NTSB has performed
admirably in ensuring that resources are targeted effectively.
Maintaining that discipline will remain essential.
Finally, the third challenge that I see is maintaining and
developing staff. NTSB staff are renowned for their skill and
expertise. The work of the agency is highly dependent on the
dedication and unique abilities of its employees. Recruiting
and retaining skilled team members is a challenge for any
Government agency and particularly for one such as NTSB which
requires such unique skill sets. Key to success in this area is
ensuring the well-regarded culture and work environment at the
agency is maintained. If confirmed, I will work collaboratively
with the Chairman, my fellow board members, and the staff of
NTSB to ensure the limited resources available to the agency
are targeted efficiently and appropriately to meet these
challenges and to fulfill NTSB's legislative mandate.
My experience as an executive for three large entities has
prepared me well for a leadership role at NTSB. I am familiar
and have worked with budgeting and cost control practices
having been responsible for developing and maintaining budgets
for the various departments I have led throughout my career.
Likewise, I have managed teams involving significant numbers of
employees, focusing on an establishment and fulfillment of team
objectives, response and adaptation to changing circumstances,
and growth and development of individual team members.
I welcome and will be honored by the opportunity to
contribute my experience and skills to ensure the continuing
success and effectiveness of the world's premiere
transportation safety agency. Mr. Chairman, that concludes my
remarks and I am happy to respond to questions.
[The prepared statement and biographical information of Mr.
Chapman follow:]
Prepared Statement of Thomas B. Chapman, Nominee to be a Member,
National Transportation Safety Board
Chairman Wicker and Ranking Member Cantwell, thank you for the
opportunity to appear before you today. I am honored to be nominated to
serve on the National Transportation Safety Board. I am grateful to
Senator Schumer for recommending me and to President Trump for
nominating me.
I also want to thank former Ranking Member Bill Nelson for his
support on my behalf, as well as former Chairman Jay Rockefeller for
offering me the opportunity to serve on the staff of the Senate
Commerce Committee. I greatly admire the members of the staff on both
sides of the aisle who work so hard to facilitate the work of the
Committee. I am proud to call those fine people my colleagues and
friends.
Before proceeding, I want to introduce the two people most
important to me. Sitting behind me is my wife Scotty O'Connell. She is
my partner and best friend, and she has been for these past 34 years.
Next to Scotty is our handsome son Patrick. We are very proud of
Patrick, who is currently a senior at St. John's College High School
here in Washington.
Mr. Chairman, appointment to the NTSB would be a rewarding
opportunity to apply my experience and skills in a role allowing me to
continue giving back through public service.
My nearly four decades of experience have prepared me well for such
a task. I have been deeply involved in an extensive range of aviation
issues, often playing a key role in identifying and negotiating
resolutions. In varying degrees, virtually every aspect of aviation
involves considerations of safety. Consequently, an awareness and
sensitivity to a pervasive culture of safety is imbedded in my
professional approach, consistent with the critical safety mission of
the NTSB.
In addition to my experience, I would bring at least two qualities
to the position which I believe are valuable. First, I benefit from an
established reputation for collegiality and consensus building. Second,
I am committed to public service and believe that much is expected from
those who are most fortunate.
I am an aggressive advocate for the policy positions I am
professionally obliged or personally committed to represent. However, I
strive to demonstrate respect and appreciation for the views of those
with whom I may disagree. I believe in compromise, and I take pride in
crafting solutions that will accommodate seemingly conflicting points
of view. Many of those I consider my most valued professional friends
and associates are also those with whom I have most significantly
clashed over past policy disputes.
As for my commitment to service, I view it as a responsibility for
those who are fortunate to have prospered from professional life in the
private sector. During the last five and a half years, I have been
privileged to serve on the staff of the Senate Committee on Commerce,
Science, & Transportation. I joined the Aviation Subcommittee staff in
anticipation of the major legislative effort required to reauthorize
the Federal Aviation Administration. I worked collaboratively with the
bipartisan Senate team throughout the 114th Congress to develop a
comprehensive FAA Reauthorization bill passed by the Senate in April of
2016. Subsequent negotiations with the House culminated in passage of
the FAA Extension, Safety, and Security Act of 2016, passed by Congress
in July of 2016.
Efforts to agree on long-term, comprehensive legislation continued
in the 115th Congress, resulting in passage of the FAA Reauthorization
Act of 2018, signed into law October 5, 2018. That five-year package
negotiated on a bipartisan basis ensures long-term stability and
various important reforms of the FAA. It also reauthorized and reforms
the Transportation Security Administration and the National
Transportation Safety Board.
I am proud of the major accomplishments to which I have contributed
since joining the Commerce Committee staff. Looking forward, I want to
offer a few thoughts regarding areas of focus I anticipate will be
important should I have the honor of serving as a member of the
National Transportation Safety Board.
As I see it, the agency is facing at least three key challenges:
Autonomous vehicles & new technology. Advances in automation
and the development of autonomous vehicles hold great promise
for enhancing transportation safety. However, these advances
present new questions and challenges--some of which will be
difficult to anticipate. NTSB must keep pace with the rapid
changes. It must ensure that staff expertise is maintained and
that appropriate tools and technical skills are available or
developed to meet the challenge.
Keeping pace with demand. NTSB's reputation as the world's
premier transportation agency is well deserved. With such a
reputation comes high expectations, and meeting those
expectations in a timely fashion is ever more important. The
resources available to the agency are limited and may become
more so. NTSB has performed admirably in ensuring that
resources are targeted effectively. Maintaining that discipline
will remain essential.
Maintaining & developing staff. NTSB staff are renowned for
their skill and expertise. The work of the agency is highly
dependent on the dedication and unique abilities of its
employees. Recruiting and retaining skilled team members is a
challenge for any government agency, and particularly for one
such as NTSB which requires such unique skillsets. Key to
success in this area is ensuring the well-regarded culture and
work environment of the agency is maintained.
If confirmed, I will work collaboratively with the Chairman, my
fellow Board Members, and the staff of NTSB to ensure the limited
resources available to the agency are targeted efficiently and
appropriately to meet these challenges and to fulfill NTSB's
legislative mandate.
My experience as an executive for three large entities has prepared
me well for a leadership role at NTSB. I am familiar and have worked
with budgeting and cost control practices, having been responsible for
developing and managing budgets for the various departments I have lead
throughout my career. Likewise, I have managed teams involving
significant numbers of employees, focusing on establishment and
fulfillment of team objectives, response and adaptation to changing
circumstances, and growth and development of individual team members.
I welcome and will be honored by the opportunity to contribute my
experience and skills to ensure the continuing success and
effectiveness of the world's premier transportation safety agency.
Mr. Chairman, that concludes my remarks. I am happy to respond to
questions.
______
a. biographical information
1. Name (Include any former names or nicknames used): Thomas B.
Chapman.
2. Position to which nominated: Board Member, National
Transportation Safety Board.
3. Date of Nomination: October 17, 2019.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: Senate Committee on Commerce, Science, &
Transportation, Hart Senate Office Building, Washington, D.C.
20510
5. Date and Place of birth: December 18, 1954; Denver, Colorado.
6. Provide the name, position, and place of employment for you
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Married January 25, 1986, to Mary Scott O'Connell (``Scotty'').
My wife retired in 2015 from the National Air & Space Museum.
She was with the Smithsonian Institution for 25 years, nearly
all of it at Air & Space.
7. List all college and graduate degrees. Provide year and school
attended.
American University School of Law, Washington, D.C.
Attended September 1979 through May 1982.
Juris Doctor, May 1982.
Admitted to the practice of law in Washington, D.C. and
Maryland.
C.W. Post College, Greenvale, N.Y.
Attended September 1973 through May 1978.
Bachelor of Fine Arts in Music, May 1978.
Full participant in Honors Program.
Areas of concentration: political science, literature, and
education.
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.
Counsel
Senate Subcommittee on Aviation Operations, Safety, & Security.
Committee on Commerce, Science, & Transportation.
July 2014 to Present.
Joined Aviation Subcommittee staff in anticipation of
legislative effort to reauthorize the Federal Aviation
Administration. Worked collaboratively with bipartisan
Senate team throughout the 114th Congress to develop
comprehensive FAA Reauthorization bill passed by the
Senate in April of 2016. Subsequent negotiations with
the House culminated in the FAA Extension, Safety, and
Security Act of 2016, passed by Congress in July of
2016. Efforts to agree on long-term, comprehensive
legislation continued in the 115th Congress, resulting
in passage of the FAA Reauthorization Act of 2018,
signed into law October 5, 2018. The five-year package
negotiated on a bipartisan basis ensures long-term
stability and various important reforms of the FAA. It
also reauthorizes and reforms the Transportation
Security Administration and the National Transportation
Safety Board.
Vice President for Government Affairs
US Airways, Washington, D.C.
October 2006 to January 2014.
Recruited to manage Washington, D.C. office for the
``new'' US Airways. Newly established company resulted
from 2005 merger of former US Airways and America West
Airlines. Served as primary Washington representative
on legislative matters, and contributed significantly
to Federal regulatory work and dealing with news media
on government affairs matters. During tenure, launched
enhanced internal fundraising campaign for US Airways
Political Action Committee, doubling the rate of
employee participation and tripling PAC financial
resources. Heavily involved in developing and
implementing government affairs strategies promoting
industry consolidation. Work on that company priority
culminated in successful agreement to merge US Airways
and American Airlines, creating the world's largest
airline.
Legislative Counsel
Southwest Airlines Co., Washington, D.C.
January 1998 to October 2006.
Recruited to establish and manage new Washington, D.C.
office to represent highly regarded Southwest Airlines.
Establishment of full-time Washington office
significantly enhanced the effectiveness of the
Company's government affairs efforts. Served as primary
Washington representative on legislative and regulatory
matters. Frequently called upon to represent the
Company in state and local government affairs arena,
particularly in the airline's newer east coast
destination cities. Helped organize and launch the
Company's first ever PAC, the Southwest Airlines
Freedom Fund. Dealt with news media on government
affairs matters.
Senior Vice President for Government & Technical Affairs
Aircraft Owners & Pilots Association, Washington, D.C.
December 1996 to January 1998.
Promoted to direct all federal, state, and local
government affairs activities for AOPA--a major
national association representing interests of over
340,000 members. Managed full-time professional staff
of eighteen in AOPA's Washington, D.C. and Frederick,
Maryland offices. Also managed state and local
activities of twelve Regional Representatives. AOPA's
government affairs program often cited as among the
most active of all national membership associations.
Vice President & Legislative Counsel
Aircraft Owners & Pilots Association, Washington, D.C.
November 1988 to December 1996.
Promoted to direct Federal and state legislative
programs and PAC for AOPA. Managed staff of six in
AOPA's Office of Legislative Affairs. During tenure,
substantially increased effectiveness and organization
of AOPA's legislative programs. Increased PAC fund-
raising capability to secure it solidly among 50
largest PACs in the United States.
State Legislative Counsel
Aircraft Owners & Pilots Association, Washington, D.C.
June 1985 to November 1988.
Promoted to expand and direct AOPA's state legislative
program. Coordinated state legislative activities of
twelve Regional Representatives.
Associate Counsel, Office of the General Counsel
Aircraft Owners & Pilots Association, Washington, D.C.
May 1982 to June 1985.
Established and coordinated successful state
legislative program for AOPA. Drafted or reviewed all
Association contracts and participated heavily in
contract negotiations. Responsible for all trademark
and copyright issues. Gained experience in broad
spectrum of corporate legal matters.
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 ten years.
None to report.
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 ten years.
Vice President for Government Affairs.
US Airways, Washington, D.C.
October 2006 to January 2014.
12. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religiously affiliated organization., private club, or other membership
organization. (For this question, you do not have to list your
religious affiliation or membership in a religious house of worship or
institution.). 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 disability.
Member of the 116 Club . . . a private lunch club located at 234
3rd Street, NE, in Washington, DC. Member since 2012.
I have never been a member of nor have I associated with any
organization which discriminates on the basis of sex, race, color,
religion, national origin, age, or disability.
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.
None to report.
14. List all memberships and offices held with and services
rendered to, whether compensated or not, any political party or
election committee within the past ten years. If you have held a paid
position or served in a formal or official advisory position (whether
compensated or not) in a political campaign within the past ten years,
identify the particulars of the campaign, including the candidate, year
of the campaign, and your title and responsibilities.
None to report.
15. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past ten years.
1/26/2009 Citizens for Arlen Specter $ 500
7/6/2010 Friends of John McCain $ 500
6/15/2011 Schweikert for Congress $ 500
12/21/2011 Pat Meehan for Congress $ 500
2/24/2012 Jeff Flake for U.S. Senate $ 500
5/25/2012 Bill Nelson for U.S. Senate $1,000
5/28/2013 Team Graham $1,000
16. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Recognized by the ARC of Frederick County, Maryland, for voluntary
fundraising efforts in support of the organization's programs to help
people with developmental disabilities.
Recognized by both the National Parks Service and the Federal
Aviation Administration for efforts as one of nine members appointed by
the Clinton Administration to serve on the National Park Overflights
Working Group. Over a two-year period, the Working Group successfully
forged a compromise that served as a foundation for the FAA to develop
reasonable regulations applying to scenic air tours over National
Parks.
17. Please list each book, article, column, Internet blog posting,
or other publication you have authored, individually or with others.
Include a link to each publication when possible. 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.
Through Internet research and a review of my personal files, I was
able to identify several articles published in my name which are listed
below. If requested, I am able to provide a copy of each article
listed.
Additional articles were likely published in my name, especially
during my tenure on the staff of the Aircraft Owners & Pilots
Association. However, I no longer have access to that material, nor was
I able to identify other publications in the course of my research.
``Daschle is right about duplicate checks,'' Sioux Falls
Argus-Leader, June 3, 1995.
``Election '94--Aviation's Political Spectrum,'' AOPA Pilot
Magazine, February 1, 1994.
``Capitol Dispatch,'' AOPA Pilot Magazine, February 1992.
``Taxing Struggles: Legislative Update--1991,'' AOPA Pilot
Magazine, February 1991.
``State Affairs: 1987 in Review,'' AOPA Pilot Magazine,
January 1988.
Regarding formal speeches, I have delivered few during my career.
However, I have participated in significant numbers of panel
discussions, conferences, and question-and-answer sessions. The
instances during which I participated in such events are too numerous
to recall.
18. List digital platforms (including social media and other
digital content sites) on which you currently or have formerly operated
an account, regardless of whether or not the account was held in your
name or an alias. Include the name of an ``alias'' or ``handle'' you
have used on each of the named platforms. Indicate whether the account
is active, deleted, or dormant. Include a link to each account if
possible.
I maintain a private Instagram account with a handful of followers,
consisting of a few friends and family members. I am happy to arrange
access to the account for review, if that would be helpful. https://
www.instagram.com/tbchapman01/
19. 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.
To the best of my recollection, I testified before Congress on two
occasions--both prior to 1998, while I was still employed by the
Aircraft Owners & Pilots Association.
I represented AOPA at a hearing before the Aviation Subcommittee of
the House Committee on Public Works & Transportation. I testified
regarding the impact of the so-called Wright Amendment, which limited
flights out of Dallas Love Field in the State of Texas.
I also represented AOPA at a hearing of the Senate Transportation
Appropriations Subcommittee and testified regarding funding priorities
for the coming fiscal year.
Despite efforts to identify the details, I am unable to reference
the precise dates on which these hearings took place.
20. 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 am honored to be nominated to serve on the National
Transportation Safety Board. Appointment to the NTSB would be a
rewarding opportunity to apply my experience and skills in a role
allowing me to continue giving back through public service.
My nearly four decades of experience in the aviation industry have
prepared me well for such a task. I have been deeply involved in an
extensive range of issues, often playing a key role in identifying and
negotiating resolutions. In varying degrees, virtually every aspect of
aviation involves considerations of safety. Consequently, an awareness
and sensitivity to a pervasive culture of safety is imbedded in my
professional approach, consistent with the critical safety mission of
the NTSB.
In addition to my experience, I would bring at least two qualities
to the position which I believe are valuable. First, I benefit from an
established reputation for collegiality and consensus building. Second,
I am committed to public service and believe that much is expected from
those who are most fortunate.
I am an aggressive advocate for the policy positions I am
professionally obliged or personally committed to represent. However, I
strive to demonstrate respect and appreciation for the views of those
with whom I may disagree. I believe in compromise, and I take pride in
crafting solutions that will accommodate seemingly conflicting points
of view. Many of those I consider my most valued professional friends
and associates are also those with whom I have most significantly
clashed over past policy disputes.
As for my commitment to service, I view it as a responsibility for
those who are fortunate to have prospered from professional life in the
private sector. During the last five years, I have been privileged to
serve on the staff of the Senate Committee on Commerce, Science, and
Transportation. I joined the Aviation Subcommittee staff in
anticipation of the major legislative effort required to reauthorize
the Federal Aviation Administration. I worked collaboratively with the
bipartisan Senate team throughout the 114th Congress to develop a
comprehensive FAA Reauthorization bill passed by the Senate in April of
2016. Subsequent negotiations with the House culminated in passage of
the FAA Extension, Safety, and Security Act of 2016, passed by Congress
in July of 2016.
Efforts to agree on long-term, comprehensive legislation continued
in the 115th Congress, resulting in passage of the FAA Reauthorization
Act of 2018, signed into law October 5, 2018. That five-year package
negotiated on a bipartisan basis ensures long-term stability and
various important reforms of the FAA. It also reauthorizes and reforms
the Transportation Security Administration and the National
Transportation Safety Board.
I am proud of the major accomplishments to which I have contributed
since joining the Commerce Committee staff. I would be honored to build
on that effort through additional service as a member of the National
Transportation Safety Board.
21. 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 collaboratively with the Chairman, my
fellow Board Members, and the staff of NTSB to ensure the limited
resources available to the agency are targeted efficiently and
appropriately to fulfill the NTSB's legislative mandate and to achieve
its priority objectives. As I understand those objectives, they include
serving as a global leader in conducting independent accident
investigations, promoting transportation safety through creation of
relevant materials and products, stakeholder engagement in the
advancement of transportation safety, and promoting NTSB staff
involvement and innovation to ensure effectiveness of the agency.
My experience as an executive for three large entities has prepared
me well for a leadership role at NTSB. I am familiar .and experienced
with budgeting and cost control practices, having been responsible for
developing and managing budgets for the various departments I have lead
throughout my career. Likewise, I have managed teams involving
significant numbers of employees, focusing on establishment and
fulfillment of team objectives, response and adaptation to changing
circumstances, and growth and development of individual team members.
I welcome the opportunity to contribute my management experience
and skills to ensure the continuing success and effectiveness of the
world's premier transportation safety agency.
22. What do you believe to be the top three challenges facing the
department/agency, and why?
Autonomous vehicles & new technology. Advances in automation and
the development of autonomous vehicles hold great promise for enhancing
transportation safety. However, these advances will present new
questions and challenges--some of which will be difficult to
anticipate. NTSB must keep pace with the rapid changes. It must ensure
that staff expertise is maintained and that appropriate tools and
technical skills are available or developed to meet the challenge.
Keeping pace with demand. NTSB's reputation as the world's premier
transportation agency is well deserved. With such a reputation comes
high expectations, and meeting those expectations in a timely fashion
is ever more important. The resources available to the agency are
limited and may become more so. The agency has performed admirably in
ensuring that resources are targeted effectively. Maintaining that
discipline will remain essential.
Maintaining & developing staff. NTSB staff are renowned for their
skill and expertise. The work of the agency is highly dependent on the
dedication and unique abilities of its employees. Recruiting and
retaining skilled team members is a challenge for any government
agency, and particularly for one such as NTSB which requires such
unique skillsets. Key to success in this area is ensuring the well-
regarded culture and work environment of the agency is maintained.
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.
Pursuant to an Executive Change in Control & Severance Benefits
Agreement with US Airways Group, Inc. & US Airways, Inc., my family and
I receive lifetime flight privileges on American Airlines.
I will provide a copy of the Change in Control Agreement for
review, if needed. Counsel for the Senate Ethics Committee reviewed the
Agreement in 2014 at the time I joined the staff of the Committee on
Commerce, Science, and Transportation.
This information is described fully in my Form 278e Public
Financial Disclosure Form.
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 have no commitments or agreements to maintain employment,
affiliation, or practice with any business, association, or other
organization during my appointment.
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. Explain how you will
resolve each potential conflict of interest.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the NTSB's DAEO to identify
potential conflicts of interest. I agreed to take those actions that
are outlined in the letter to the DAEO. A copy is attached. These
commitments constitute my ethics agreement as identified in the ethics
regulations.
My family and I receive lifetime flight privileges from American
Airlines pursuant to an Executive Change in Control & Severance
Benefits Agreement with US Airways Group, Inc. & US Airways, Inc.
Because we will continue to receive these benefits, I will not
participate personally and substantially in any particular matter that
to my knowledge has a direct and predictable effect on the ability or
willingness of American Airlines to provide these benefits, unless I
first obtain a written waiver, pursuant to 18 U.S.C. Sec. 208(b)(1).
Because of this ongoing financial relationship, I will not participate
personally and substantially in any particular matter involving
specific parties in which I know American Airlines is a party or
represents a party, unless I am first authorized to participate,
pursuant to 5 C.F.R. Sec. 2635.502(d).
Additionally, I will not participate personally and substantially
in any particular matter in which I know that I have a financial
interest directly and predictably affected by the matter, or in which I
know that a person whose interests are imputed to me has a financial
interest directly and predictably affected by the matter, unless I
first obtain a written waiver, pursuant to 18 U.S.C. Sec. 208(b)(1), or
qualify for a regulatory exemption, pursuant to 18 U.S.C.
Sec. 208(b)(2).
If I have a managed account or otherwise use the services of an
investment professional during my appointment, I will ensure that the
account manager or investment professional obtains my prior approval on
a case-by-case basis for the purchase of any assets other than cash,
cash equivalents, investment funds that qualify for the exemption at 5
C.F.R. Sec. 2640.201(a), obligations of the United States, or municipal
bonds.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last ten 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. Explain how you will resolve
each potential conflict of interest.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the National Transportation Safety
Board's DAEO to identify potential conflicts of interest. I agreed to
take those actions that are outlined in a letter to the DAEO. A copy is
attached. These commitments constitute my ethics agreement as
identified in the ethics regulations. I am not aware of any other
potential conflicts of interest.
5. Identify any other potential conflicts of interest, and explain
how you will resolve each potential conflict of interest.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the NTSB's DAEO to identify
potential conflicts of interest. Any potential conflicts of interest
will be resolved in accordance with the terms of an ethics agreement
that I have entered into with the NTSB's DAEO and that has been
provided to this Committee. Pursuant to that agreement:
I will not participate personally and substantially in any
particular matter in which I know that I have a financial
interest directly and predictably affected by the matter, or in
which I know that a person whose interests are imputed to me
has a financial interest directly and predictably affected by
the matter, unless I first obtain a written waiver, pursuant to
18 U.S.C. Sec. 208(b)(1), or qualify for a regulatory
exemption, pursuant to 18 U.S.C. Sec. 208(b)(2). I understand
that the interests of the following persons are imputed to me:
my spouse and minor child; any general partner of a partnership
in which I am a limited or 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.
My family and I receive lifetime flight privileges from
American Airlines pursuant to an Executive Change in Control &
Severance Benefits Agreement with US Airways Group, Inc. & US
Airways, Inc. Because we will continue to receive these
benefits, I will not participate personally and substantially
in any particular matter that to my knowledge has a direct and
predictable effect on the ability or willingness of American
Airlines to provide these benefits, unless I first obtain a
written waiver, pursuant to 18 U.S.C. Sec. 208(b)(1). Because
of this ongoing financial relationship, I will not participate
personally and substantially in any particular matter involving
specific parties in which I know American Airlines is a party
or represents a party, unless I am first authorized to
participate, pursuant to 5 C.F.R. Sec. 2635.502(d).
If have a managed account or otherwise use the services of
an investment professional during my appointment, I will ensure
that the account manager or investment professional obtains my
prior approval on a case-by-case basis for the purchase of any
assets other than cash, cash equivalents, investment funds that
qualify for the exemption at 5 C.F.R. Sec. 2640.201(a),
obligations of the United States, or municipal bonds.
I will meet in person with the DAEO during the first week of
my confirmation in order to complete the ethics briefing
required under 5 C.F.R. Sec. 2638.305. Within 90 days of my
confirmation, I will document my compliance with the ethics
agreement by notifying the NTSB's DAEO in writing when I have
completed the steps described in the ethics agreement.
6. Describe any activity during the past ten years, including the
names of clients represented, 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.
Served as Vice President for Government Affairs with US
Airways from October 2006 to January 2014.
Since July 2014, have served continuously as Counsel to the
Senate Subcommittee on Aviation & Space (formerly, the
Subcommittee on Aviation Operations, Safety, & Security).
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics,
professional misconduct, or retaliation by, or been the subject of a
complaint to, any court, administrative agency, the Office of Special
Counsel, professional association, disciplinary committee, or other
professional group? If yes:
a. Provide the name of agency, association, committee, or group;
b. Provide the date the citation, disciplinary action, complaint, or
personnel action was issued or initiated;
c. Describe the citation, disciplinary action, complaint, or
personnel action;
d. Provide the results of the citation, disciplinary action,
complaint, or personnel action.
I have never been disciplined or cited for a breach of ethics,
professional misconduct, or retaliation, nor have I been the subject of
any complaints alleging such conduct.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain.
I have never been investigated, arrested, charged, or held by any
law enforcement authority for anything other than for a minor traffic
offense.
3. Have you or any business or nonprofit of which you are or were
an officer ever been involved as a party in an administrative agency
proceeding, criminal proceeding, or civil litigation? If so, please
explain.
I have not personally been a party to or otherwise involved in any
administrative agency proceeding, criminal proceeding, or civil
litigation. Each of the private sector organizations which has employed
me during my professional career was involved in business related
litigation typical of any large and sophisticated corporate entity.
While I was often aware of such proceedings, I was never a party in
interest nor did I actively participate in the litigation.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain.
I have never been convicted of any criminal violation other than a
minor traffic offense.
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.
I have never been accused of sexual harassment or discrimination on
the basis of sex, race, religion, or any other basis.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination.
None to report.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees, and that
your department/agency endeavors to timely comply with requests for
information from individual Members of Congress, including requests
from members in the minority?
In collaboration with fellow members of the Board, I will ensure
that NTSB complies with deadlines for information set by congressional
committees and endeavors to timely comply with requests for information
from individual Members of Congress, including requests from members in
the minority.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures?
In collaboration with fellow members of the Board, I will ensure
that NTSB does whatever it can to protect congressional witnesses and
whistle blowers from reprisal for their testimony and disclosures.
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?
In collaboration with fellow members of the Board, I will cooperate
in providing the Committee with requested witnesses, including
technical experts and career employees, with firsthand knowledge of
matters of interest to the Committee.
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 willing to appear and testify before any duly constituted
committee of the Congress on such occasions as I may be reasonably
requested to do so.
______
Resume of 11Thomas B. Chapman
PROFESSIONAL HISTORY
Counsel
Senate Subcommittee on Aviation Operations, Safety, & Security
Committee on Commerce, Science, & Transportation
July 2014 to Present.
Joined Aviation Subcommittee staff in anticipation of
legislative effort to reauthorize the Federal Aviation
Administration. Worked collaboratively with bipartisan Senate
team throughout the 114th Congress to develop comprehensive FAA
Reauthorization bill passed by the Senate in April of 2016.
Subsequent negotiations with the House culminated in the FAA
Extension, Safety, and Security Act of 2016, passed by Congress
in July of 2016. Efforts to agree on long-term, comprehensive
legislation continued in the 115th Congress, resulting in
passage of the FAA Reauthorization Act of 2018, signed into law
October 5, 2018. The five-year package negotiated on a
bipartisan basis ensures long-term stability and various
important reforms of the FAA. It also reauthorizes and reforms
the Transportation Security Administration and the National
Transportation Safety Board.
Vice President for Government Affairs
US Airways, Washington, D.C.
October 2006 to January 2014.
Recruited to manage Washington, D.C. office for the ``new'' US
Airways. Newly established company resulted from 2005 merger of
former US Airways and America West Airlines. Served as primary
Washington representative on legislative matters, and
contributed significantly to Federal regulatory work and
dealing with news media on government affairs matters. During
tenure, launched enhanced internal fundraising campaign for US
Airways Political Action Committee, doubling the rate of
employee participation and tripling PAC financial resources.
Heavily involved in developing and implementing government
affairs strategies promoting industry consolidation. Work on
that company priority culminated in successful agreement to
merge US Airways and American Airlines, creating the world's
largest airline.
Legislative Counsel
Southwest Airlines Co., Washington, D.C.
January 1998 to October 2006.
Recruited to establish and manage new Washington, D.C. office
to represent highly regarded Southwest Airlines. Establishment
of full-time Washington office significantly enhanced the
effectiveness of the Company's government affairs efforts.
Served as primary Washington representative on legislative and
regulatory matters. Frequently called upon to represent the
Company in state and local government affairs arena,
particularly in the airline's newer east coast destination
cities. Helped organize and launch the Company's first ever
PAC, the Southwest Airlines Freedom Fund. Dealt with news media
on government affairs matters.
Senior Vice President for Government & Technical Affairs
Aircraft Owners & Pilots Association, Washington, D.C.
December 1996 to January 1998.
Promoted to direct all federal, state, and local government affairs
activities for AOPA--a major national association representing
interests of over 340,000 members. Managed full-time professional staff
of eighteen in AOPA's Washington, D.C. and Frederick, Maryland offices.
Also managed state and local activities of twelve Regional
Representatives. AOPA's government affairs program often cited as among
the most active of all national membership associations.
Vice President & Legislative Counsel
Aircraft Owners & Pilots Association, Washington, D.C.
November 1988 to December 1996.
Promoted to direct Federal and state legislative programs and
PAC for AOPA. Managed staff of six in AOPA's Office of
Legislative Affairs. During tenure, substantially increased
effectiveness and organization of AOPA's legislative programs.
Increased PAC fund-raising capability to secure it solidly
among 50 largest PACs in the United States.
State Legislative Counsel
Aircraft Owners & Pilots Association, Washington, D.C.
June 1985 to November 1988.
Promoted to expand and direct AOPA's state legislative program.
Coordinated state legislative activities of twelve Regional
Representatives.
Associate Counsel, Office of the General Counsel
Aircraft Owners & Pilots Association, Washington, D.C.
May I982 to June I985.
Established and coordinated successful state legislative
program for AOPA. Drafted or reviewed all Association contracts
and participated heavily in contract negotiations. Responsible
for all trademark and copyright issues. Gained experience in
broad spectrum of corporate legal matters.
EDUCATION
American University School of Law, Washington, D.C.
Juris Doctor, May 1982.
Admitted to the practice of law in Washington, D.C. and Maryland.
C.W. Post College, Greenvale, N.Y.
Bachelor of Fine Arts in Music, May 1978.
Full participant in Honors Program.
Areas of concentration: political science, literature, and education.
PERSONAL INFORMATION
Born December 18, 1954, Denver, Colorado.
Married January 25, 1986, to Mary Scott O'Connell (``Scotty'').
______
Attachment--Question 3--B. Potential Conflicts of Interest
November 12, 2019
Ms. Kathleen Slaughter
Designated Agency Ethics Official
National Transportation Safety Board
490 L'Enfant Plaza East, SW, Sixth Floor
Washington, DC 20594
Re: Ethics Agreement--Thomas B. Chapman
Dear Ms. Silbaugh,
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 Board Member of the National
Transportation Safety Board.
As required by 18 U.S.C. Sec. 208(a), I will not participate
personally and substantially in any particular matter in which I know
that I have a financial interest directly and predictably affected by
the matter, or in which I know that a person whose interests are
imputed to me has a financial interest directly and predictably
affected by the matter, unless I first obtain a written waiver,
pursuant to 18 U.S.C. Sec. 208(b)(1), or qualify for a regulatory
exemption, pursuant to 18 U.S.C. Sec. 208(b)(2). I understand that the
interests of the following persons are imputed to me: any spouse or
minor child of mine; any general partner of a partnership in which I am
a limited or 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.
My family and I receive lifetime flight privileges from American
Airlines pursuant to an Executive Change in Control & Severance
Benefits Agreement with US Airways Group, Inc. & US Airways, Inc.
Because we will continue to receive these benefits, I will not
participate personally and substantially in any particular matter that
to my knowledge has a direct and predictable effect on the ability or
willingness of American Airlines to provide these benefits, unless I
first obtain a written waiver, pursuant to 18 U.S.C. Sec. 208(b)(1).
Because of this ongoing financial relationship, I will not participate
personally and substantially in any particular matter involving
specific parties in which I know American Airlines is a party or
represents a party, unless I am first authorized to participate,
pursuant to 5 C.F.R. Sec. 2635.502(d).
If I have a managed account or otherwise use the services of an
investment professional during my appointment, I will ensure that the
account manager or investment professional obtains my prior approval on
a case-by-case basis for the purchase of any assets other than cash,
cash equivalents, investment funds that qualify for the exemption at 5
C.F.R. Sec. 2640.201(a), obligations of the United States, or municipal
bonds.
I will meet in person with you during the first week of my service
in the position of Board Member in order to complete the initial ethics
briefing required under 5 C.F.R. Sec. 2638.305. Within 90 days of my
confirmation, I will document my compliance with this ethics agreement
by notifying you in writing when I have completed the steps described
in this ethics agreement.
I have been advised that this ethics agreement will be posted
publicly, consistent with 5 U.S.C. Sec. 552, on the website of the U.S.
Office of Government Ethics with ethics agreements of other
Presidential nominees who file public financial disclosure reports.
I understand that as an appointee I will be required to sign the
Ethics Pledge (Exec. Order No. 13770) and that I will be bound by the
requirements and restrictions therein in addition to the commitments I
have made in this ethics agreement.
Sincerely,
Thomas B. Chapman
The Chairman. Thank you, Mr. Chapman. I am required to ask
you this question on the record. If confirmed, will you pledge
to work collaboratively with this Committee and provide
thorough and timely responses to our request for information as
we work together to address important policy issues?
Mr. Chapman. Absolutely, Mr. Chairman, and I will be happy
to do so.
The Chairman. Thank you very much. We have been required
this past year to spend a great deal of time talking about
aviation safety. Of course, in the U.S. commercial aviation
continues to be one of the statistically safest forms of
transportation. What do you think will be the greatest safety
related challenges facing the aviation system over the next
decade?
Mr. Chapman. Mr. Chairman, I think it is not unique to
aviation. I think automation is the biggest challenge. And it
is a challenge again as I highlighted in my formal statement
because automation presents such promise but also presents such
challenge in terms of managing it and anticipating when things
can go wrong with automation. We have to make sure that we
haven't developed too much of an over-reliance on it and that
we have operators in all modes that are able to respond when
there is a failure.
The Chairman. Well, let's transition then specifically to
UAS, to Unmanned Aircraft Systems, and give us your thoughts on
some of the safety challenges there.
Mr. Chapman. I think the key to safe integration of drones
into the system is promulgation of the remote ID rule. That has
lagged somewhat. I think all of us on the staff level and
members as well have been frustrated by that. But I think
anything that can be done to encourage FAA to move forward on
promulgation of the remote ID rule as expeditiously as possible
is in the best interest of safety, also security, and certainly
is essential to ensure that they can be integrated into the
existing air traffic control system.
The Chairman. Mr. Chapman, the Amtrak derailment in Dupont,
Washington occurred on December 18, 2017. NTSB held its Board
meeting on the report on May 21 of this year and issued its
final report on June 24. We've heard from prior nominees that
accident investigations can take longer than necessary.
It takes an average of one to two years to complete an
accident investigation and issue a final report. Given your
experience in working with this committee and elsewhere, how
important is it to have NTSB investigation reports issued in a
timely manner and do you have any recommendations for getting
these reports done more quickly?
Mr. Chapman. Mr. Chairman, I agree. First, of all the
importance of rapid completion of these reports is a priority--
I know for the current Chairman for the current Board members.
I look forward to working with them. I think candidly, one of
the challenges that they have faced over the past year was the
shutdown which I know set them back a little bit, but it is a
priority at the agency. I look forward to working with my
colleagues on the Board to ensure that these reports are issued
in as timely a fashion as possible.
Obviously investigations need to be thorough and complete,
but the outcome of these investigations is the product of the
agency, and it is that product then that drives further
improvements in safety. So they need to be made available as
soon as possible.
The Chairman. Well, I would suggest to you that certainly a
Government shutdown is a terrible way to run our business, and
to the extent that we all have our fingerprints somewhat on
that, that is regrettable, but I do think it is a much larger
issue and it happens year in and year out. And I would hope
that as a new member of NTSB you can give some very thorough
and informed attention to this issue.
Mr. Chapman. Absolutely, Mr. Chairman, and it should
definitely be a priority.
The Chairman. Senator Cantwell.
Senator Cantwell. Thank you, Mr. Chairman. Mr. Chapman, you
mentioned in response to the Chairman this issue of automation
and I certainly agree. Whether you are talking about aviation
or automated vehicles, we have seen recent problems and over-
reliance on technology. What do you think we need to do to
improve our understanding here particularly on the human
interface side?
Mr. Chapman. Well, Senator, frankly I think one of the
proposals in your recent legislation, the idea of a Centre of
Excellence for flight automation at least is one of the
approaches that will be helpful. I think it is essential that
there be focus not only on the benefits of automation but
ensuring that there isn't a complacency in terms of the
operators.
That to me is a matter of training, to a great extent,
certainly in modes such as aviation, but it is also a matter of
designing the systems and I think regulating the systems in
such a way that the systems themselves have features built into
them that ensure that there is continuing essentially reminder
to the operator to maintain vigilance so that this complacency
doesn't creep in and it doesn't become the cause itself of an
accident when there is a failure.
Senator Cantwell. How would you do that on the design side?
I mean one of the reasons why we have suggested a Centre of
Excellence on this is because as Captain Sullenberger said,
``you don't even know what the limitations of human response
are.'' So if you don't categorize that first, then how are you
going to determine what their abilities are as it relates to
reacting to automation?
So first you have to have some kind of definition of human
capability and understanding, and then you have to determine
whether that is--but I am not sure we have that part of our
design elements yet, whether we are talking about automated
vehicles or in aviation. So what should we do there?
Mr. Chapman. I think that is right, and I think research
through institutions such as a Centre of Excellence and other
academic institutions helps us better understand and define
what the limitations are. But then I think as we saw in the
recent NTSB recommendations coming out of the Lion Air
accident, we need to test the assumptions that are used with
respect to, certainly in case of aviation, the certification
standards that are applied.
The assumptions in the case of MCAS appear not to have been
valid assumptions. They are long-standing assumptions, but they
appear not to have been valid. And then the other thing that
was not taken into account, and this again has to be done
across the board, is how will human beings respond when there
is not an individual failure but multiple failures or a failure
that triggers cascading alarms or cascading failures? Those are
difficult challenges and they require research, they require
experience in order to better understand how to respond.
Senator Cantwell. Well, and I definitely appreciate in
NTSB's recommendation on that. I think it was very helpful and
that is why we put it into legislation because we think it is--
there are many things to do here obviously to upgrade our
system, but clearly that is one of the things that is very
clear, both what is the initial response and then how much
information can you throw at somebody in that kind of
environment and get some result that you think you are going to
get.
One of the other issues kind of following on what the
Chairman was asking which is, we obviously want in the NTSB is
to do a thorough investigation. When they do a thorough
investigation, it often takes a longer period of time. And yet,
we want those recommendations then to be the basis of making
improvements to the system. And I know that the NTSB has this
most wanted list for safety improvements. How do we make
progress on that?
Mr. Chapman. The most wanted list, of course, is the most
important tool that the NTSB has for leveraging its priority
recommendations. And I know that there has been an effort
ongoing at the NTSB in recent years to enhance the content,
enhance the format, but the next step is taking that material
and doing an effective job of advocating. I think each of the
members has to take a responsibility, both individually and
collectively, to get out into the field, to work with
legislators, to work with Congress, to work with local
Governments to ensure that these recommendations are
highlighted, that work is done to implement them.
And a lot of that frankly is just good old-fashioned elbow
grease and I think it requires a lot of individual effort on
the part of the members of the NTSB. It is not a regulatory
agency. It doesn't have the authority to compel these
recommendations. I don't believe it should. I think the
independence of the agency is important and I think the lack of
authority is part of that independence, but I do think it
requires a lot of work on the part of the board collectively,
on the part of the staff, and then on the part of members
individually to be out into the field and advocating.
Senator Cantwell. Is there something else besides the most
wanted list you think would be helpful?
Mr. Chapman. Well, that is the most important tool. I have
to be honest, I don't know enough yet about the advocacy role
of individual members to know what other options there might
be. I am looking forward to learning more about that because I
think that is an area where I might be able to help play a
role. I have been a longtime advocate myself for a number of
things and I think I have some skills there that might come to
bear. But I would like to learn more about what can be done and
what NTSB does today or could be doing in the future to help
with the advocacy piece.
Senator Cantwell. Well, I definitely think we need to look
at what tools are available to us. I also wonder if resources
to NTSB to look at systemic information across many accidents
would also help us, and then reminders of open issues and
resolving those things, I think, or an annual report on open
issues in response to many of these things. I just--you have a
very big responsibility and portfolio, so we appreciate the
attention you would bring to these issues. I wanted if I could,
Mr. Chairman, since I see that it is here, us, if I could----
The Chairman. I think you are into your second round,
Senator Cantwell.
[Laughter.]
Senator Cantwell. Thank you, Mr. Chairman. Thanks. At grade
crossings are a particular issue. In 2018, the Federal Railroad
Administration data says there are more than 2,200 collisions,
262 fatalities, and 840 injuries. These numbers are, you know,
very similar to previous years. So we just have a lot more
injuries. We have a lot more activity. We have a lot more
movement of goods and services. What can we do? What do you
think we should do to try to improve this particular area of
transportation safety?
Mr. Chapman. Senator, this, I will freely admit, is not my
area of expertise. I am looking forward to learning more from
some of the other Board members who have greater expertise. I
have started to do some homework with respect to rail
especially and also pipeline, two areas that are relatively new
to me, but I certainly understand the concern here and the
importance of moving forward on this. And I am looking forward,
frankly, to learning more about it and doing everything I can
to see if we can't make improvements.
Senator Cantwell. Thank you. Well, we definitely would look
forward to NTSB's comments on that. We think that the
infrastructure there is--we get that it is challenging, but we
also think that the infrastructure is lacking to a certain
degree, so we are not sure if, you know, the issue is putting
resources on the table to improve the at grade crossings
themselves or more safety apparatuses for what we existing in
place.
But, we will look forward to the comments there as we
continue to see growth and activity in this area. We just think
those numbers are going to continue to stay at that very high--
unfortunately very high level unless we make some improvements.
So, thank you, Mr. Chairman.
The Chairman. Let me add to that, a solution to grade
crossings is also near and dear to my heart. It is a safety
issue and also it is a commerce issue to the extent that it
impedes the efficient flow of goods and services around this
country. It is something that I want to work with the Ranking
Member to address. And before we close this hearing, I would be
remiss, and staff members on both sides of the aisle would
chastise me, if I did not emphasize the great bipartisan
relationship that all members of the staff have had with Tom
Chapman as someone who sat behind us.
And on behalf of the Committee and the staff that backs us
up, we thank you for the work that you have done, and we wish
you the best in your new endeavors.
Senator Cantwell. Thank you for the service and look
forward to continue to work with you.
Mr. Chapman. Thank you for the kind words.
The Chairman. And I am now required to say, the hearing
record will remain open for two days. During this time,
Senators are asked to submit any questions for the record with
the final submission deadline being the close of business on
Friday the 13th of December. The Committee asks that witnesses
that--we ask the witness that you submit your written answers
to questions for record as soon as possible, but no later than
close of business on Monday, December 16, 2019.
With that, we will again thank the nominee, and members,
and conclude the hearing.
[Whereupon, at 11:35 a.m., the hearing was adjourned.]
A P P E N D I X
Response to Written Questions Submitted by Hon. John Thune to
Thomas B. Chapman
Question. Mr. Chapman, as you know the NTSB is not a regulatory
agency, and its investigations and safety recommendations are intended
to offer continued improvement of transportation safety for the public.
The NTSB Reauthorization Act, included in last year's FAA
Reauthorization, required the NTSB to disclose its methodology
detailing the process and information used in selecting each safety
recommendation.
With the understanding that NTSB's safety recommendations are not
binding, the intent of requiring this methodology is to promote the
transparent sharing of information, including any external information
and alternative actions considered in the development of associated
safety recommendations.
a. Do you believe it is important for NTSB to provide information
on its methodology underlying safety recommendations?
Answer. I agree that it is important for policymakers and those
receiving NTSB recommendations to fully understand the safety issues
identified by the agency, as well as the basis for and the intent of
its recommendations. The ``methodology'' provision included in last
year's FAA Reauthorization sets forth a structured mechanism which
should enhance both transparency and understanding.
b. To follow up on that, how do you believe disclosing this
information will help decision-makers when considering safety
recommendations made by NTSB?
Answer. NTSB's mission is to identify those actions which could
improve safety. I know from my own experience that some recommendations
are seen as cost prohibitive or impractical at the time they are made.
However, such recommendations often encourage innovation and research,
ultimately resulting in forward looking solutions to safety challenges
identified because of NTSB's investigative work. Decision-makers will
benefit from a greater understanding of the agency's perspective, and
especially when there is an acknowledgment that specific
recommendations will ``push the envelope.'' In such circumstances,
decision-makers should be better able to evaluate the cost implications
and practical feasibility.
______
Response to Written Questions Submitted by Hon. Gary Peters to
Thomas B. Chapman
Question 1. What improvements or changes would you like to see at
the NTSB?
Answer. In my view, the agency is facing at least three key
challenges:
Autonomous vehicles & new technology. Advances in automation
and the development of autonomous vehicles hold great promise
for enhancing transportation safety. However, these advances
present new questions and challenges--some of which will be
difficult to anticipate. NTSB must keep pace with the rapid
changes. It must ensure that staff expertise is maintained and
that appropriate tools and technical skills are available or
developed to meet the challenge.
Keeping pace with demand. NTSB's reputation as the world's
premier transportation agency is well deserved. With such a
reputation comes high expectations, and meeting those
expectations in a timely fashion is ever more important. The
resources available to the agency are limited and may become
more so. NTSB has performed admirably in ensuring that
resources are targeted effectively. Maintaining that discipline
will remain essential.
Maintaining & developing staff. NTSB staff are renowned for
their skill and expertise. The work of the agency is highly
dependent on the dedication and unique abilities of its
employees. Recruiting and retaining skilled team members is a
challenge for any government agency, and particularly for one
such as NTSB which requires such unique skillsets. Key to
success in this area is ensuring the well-regarded culture and
work environment of the agency is maintained.
If confirmed, I will work collaboratively with the Chairman, my
fellow Board Members, and the staff of NTSB to ensure the limited
resources available to the agency are targeted efficiently and
appropriately to meet these challenges and to fulfill NTSB's
legislative mandate.
Question 2. We have examined in this Committee the many new
entrants to our national airspace. What concerns do you have about
emerging technologies and integration of an increasingly crowded
national airspace?
Answer. I feel confident that emerging technologies such as drones
can be safely integrated into our national airspace system. However, a
key step in that process is promulgation by FAA of the so-called
``Remote ID'' rule. That initiative has lagged somewhat. FAA should be
encouraged to move forward with the Remote ID rule as expeditiously as
possible. Remote ID is essential to ensure the safe integration of
drones. It will also play an important role in terms of security and
deployment of effective counter drone measures.
Question 3. Senator Young and I have introduced legislation to help
reduce school bus related accidents--associated with children being hit
by automobiles when getting on or off school buses. Are you familiar
with this problem--and NTSB's efforts to help address this issue? Do
you have any thoughts on how NTSB can help address what the data
indicates is a growing threat to school children?
Answer. We were reminded of the risks associated with school bus
loading and unloading by two tragic accidents here in the Washington,
D.C. region within the past week. I am certainly aware of the problem,
and I know of NTSB's work in this area. In fact, NTSB staff testified
on the Federal role in improving school bus safety at a House
Transportation & Infrastructure Committee hearing last July.
I commend your efforts to promote school bus safety, and I look
forward to collaborating with you and Senator Young. If confirmed, I
will work to support NTSB's investigative and safety advocacy efforts
in this area.
Question 4. Senator Ernst and I founded the Motorcycle Caucus in
the Senate to advocate for and raise awareness about issues facing
motorcycle riders and manufacturers. One of the biggest challenges for
motorcyclists is being seen--a big part of which stems from driver
awareness. Can you talk about your thoughts on the motorcycle safety
and driver awareness in the context of the NTSB's advocacy role?
Answer. I am aware that injuries and fatalities resulting from
motorcycle accidents are a serious and growing problem. Further, I am
personally familiar with the challenge of ``being seen,'' having been
an avid bicyclist at an earlier time in my life. If confirmed, I am
committed to working with fellow Board Members and NTSB staff to
promote comprehensive solutions that address all facets of the problem.
Question 5. Echoing Senator Cantwell's comments on grade crossings
and pipeline safety--there are considerable safety challenges in these
areas and so I would entreat you to follow up on your commitment to
more fully examine these issues prior to and if you are confirmed by
the Senate.
Answer. In responding to Senator Cantwell's question at the
hearing, I did not mention an important connection to my own family
history. My grandfather was killed in a grade crossing accident in the
early 1950s, a few years before I was born. My mother was still in high
school at the time. As you would expect, it was a defining experience
in her life.
I am less familiar with the challenges associated with pipeline
safety. However, I have already engaged in the process of educating
myself in this area. I also look forward to working with NTSB staff and
current Board Members who have greater expertise regarding pipeline
safety.
The commitment I made to Senator Cantwell is sincere and personal.
I am happy to renew that commitment here. I am motivated to learn more
about these issues and to do my very best to help address the critical
safety challenges.
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