[Senate Hearing 118-791]
[From the U.S. Government Publishing Office]
S. Hrg. 118-791
NOMINATION
TO THE FEDERAL MARITIME COMMISSION,
NATIONAL TRANSPORTATION SAFETY BOARD,
AND THE AMTRAK BOARD OF DIRECTORS
=======================================================================
HEARING
before the
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED EIGHTEENTH CONGRESS
SECOND SESSION
__________
SEPTEMBER 25, 2024
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Available online: http://www.govinfo.gov
______
U.S. GOVERNMENT PUBLISHING OFFICE
63-644 PDF WASHINGTON : 2026
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED EIGHTEENTH CONGRESS
SECOND SESSION
MARIA CANTWELL, Washington, Chair
AMY KLOBUCHAR, Minnesota TED CRUZ, Texas, Ranking
BRIAN SCHATZ, Hawaii JOHN THUNE, South Dakota
EDWARD MARKEY, Massachusetts ROGER WICKER, Mississippi
GARY PETERS, Michigan DEB FISCHER, Nebraska
TAMMY BALDWIN, Wisconsin JERRY MORAN, Kansas
TAMMY DUCKWORTH, Illinois DAN SULLIVAN, Alaska
JON TESTER, Montana MARSHA BLACKBURN, Tennessee
KYRSTEN SINEMA, Arizona TODD YOUNG, Indiana
JACKY ROSEN, Nevada TED BUDD, North Carolina
BEN RAY LUJAN, New Mexico ERIC SCHMITT, Missouri
JOHN HICKENLOOPER, Colorado J. D. VANCE, Ohio
RAPHAEL WARNOCK, Georgia SHELLEY MOORE CAPITO, West
PETER WELCH, Vermont Virginia
CYNTHIA LUMMIS, Wyoming
Lila Harper Helms, Staff Director
Melissa Porter, Deputy Staff Director
Jonathan Hale, General Counsel
Brad Grantz, Republican Staff Director
Nicole Christus, Republican Deputy Staff Director
Liam McKenna, General Counsel
C O N T E N T S
----------
Page
Hearing held on September 25, 2024............................... 1
Statement of Senator Cantwell.................................... 1
Statement of Senator Cruz........................................ 3
Statement of Senator Wicker...................................... 75
Statement of Senator Klobuchar................................... 77
Statement of Senator Capito...................................... 79
Statement of Senator Sullivan.................................... 84
Witnesses
Hon. Mitt Romney, U.S. Senator from Utah......................... 4
Hon. Carl W. Bentzel, Nominee to be a Commissioner, Federal
Maritime Commission............................................ 5
Prepared statement........................................... 7
Biographical information..................................... 9
Hon. Thomas B. Chapman, Nominee to be a Member, National
Transportation Safety Board.................................... 22
Prepared statement........................................... 23
Biographical information..................................... 24
Lanhee J. Chen, Nominee to be a Director, Amtrak Board of
Directors...................................................... 57
Prepared statement........................................... 59
Biographical information..................................... 60
Appendix
Response to written questions submitted to Hon. Carl W. Bentzel
by:
Hon. Tammy Duckworth......................................... 87
Hon. Ted Cruz................................................ 87
Hon. Dan Sullivan............................................ 90
Hon. Eric Schmitt............................................ 91
Response to written questions submitted to Hon Thomas B. Chapman
by:
Hon. Tammy Duckworth......................................... 91
Hon. Amy Klobuchar........................................... 92
Hon. Ted Cruz................................................ 93
Response to written questions submitted to Lanhee J. Chen by:
Hon. Tammy Duckworth......................................... 95
Hon. Eric Schmitt............................................ 96
NOMINATION
TO THE FEDERAL MARITIME COMMISSION,
NATIONAL TRANSPORTATION SAFETY BOARD,
AND THE AMTRAK BOARD OF DIRECTORS
----------
WEDNESDAY, SEPTEMBER 25, 2024
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 10:02 a.m., in
room SR-253, Russell Senate Office Building, Hon. Maria
Cantwell, Chair of the Committee, presiding.
Present: Senators Cantwell [presiding], Klobuchar, Peters,
Tester, Cruz, Wicker, Fischer, Sullivan, Young, Schmitt, and
Capito.
OPENING STATEMENT OF HON. MARIA CANTWELL,
U.S. SENATOR FROM WASHINGTON
The Chair. Good morning. The Senate Commerce Committee will
come to order.
We are here to consider three of the nominees for various
positions. First, we have Carl W. Bentzel, who has been
renominated as the Federal Maritime Commissioner. Mr. Bentzel
is a Commerce Committee staff alum, having served as a Senior
Democratic Counsel, spent four years with the House on the
Merchant Marine and Fisheries Committee, and has served on the
FMC since 2019, where he spent a great deal of time focused on
the issues that we experienced through the COVID pandemic,
obviously U.S. supply chain disruption, but more importantly,
carriers who were leaving U.S. products on the dock and
returning without our cargo.
Mr. Bentzel has been very active in the Commission's
efforts to increase transparency, awareness, and accountability
for those involved in the maritime shipping supply chain and
the impacts that we suffered under. Under the Shipping Act the
Commission protects shippers and consumers from unfair and
deceptive practices in the shipping industry.
The COVID-19 pandemic exposed deep maritime supply chain
resiliency challenges, and Congress responded in two important
ways. To address the capital challenge, we had a historic $2.25
billion in port infrastructure in the Bipartisan Infrastructure
Law, and we passed the Ocean Shipping Reform Act, which
provides the Commission with the tools they need to crack down
on bad actors, protect American businesses and consumers. And
we look forward to hearing from you on that continued important
work on the Commission.
Next, we have Tom Chapman, who has been nominated to serve
as a Member of the National Transportation Safety Board, where
he has been a Member since 2020. In his four years on the
Board, Mr. Chapman has been a strong advocate for safety system
approaches to everything from highway traffic safety, and has
championed NTSB's research into preventing intoxicated driving
and speeding-related deaths. Mr. Chapman is also a strong
advocate for safety at highway grade crossings for rail
workers, having lost his grandfather in a grade-crossing
accident when he was younger.
I am sorry for that loss, Mr. Chapman.
I must note that Mr. Chapman also has roots here in the
Committee, first working for Senator Nelson, and then on the
Aviation Subcommittee for a time period before he went to NTSB.
With more than four decades of experience in transportation-
related matters, Mr. Chapman has served in roles at U.S.
Airways, Southwest Airlines, and the Aircraft Owners and Pilots
Association. He has also earned his own private pilot
certificate, and I believe his background on aviation is
critical to the ongoing Alaska Investigation. I believe that
the NTSB's work has never been more important or more needed,
East Palestine's Ohio rail derailment, or the Alaska issue, or
the San Francisco Scott Key Bridge incident in Baltimore.
So it is important that our Committee reauthorized the NTSB
for another five years, given its highest funding authorization
that it has received in decades, to have more investigators
respond to emerging technology and continue its mission to save
lives.
The FAA authorization also directed the FAA to implement
critical NTSB recommendations to strengthen aviation safety,
including a new requirement to install a 25-hour cockpit voice
recorder in commercial aircraft to help investigators at the
NTSB, and also directing the FAA to adopt surface surveillance
technology, ASDE-X, at every large and medium hub airport to
reduce close calls across the country. We appreciate Mr.
Chapman's tireless work on these issues in the NTSB
investigations, and I am sure we will hear more about how to
enhance safety, from Mr. Chapman.
And last, but certainly not least, we have Mr. Lanhee J.
Chen, who has been nominated to serve on Amtrak's Board of
Directors. The Amtrak Board of Directors plays an important
role in ensuring safety and quality service on our Nation's
transportation system. I think we are here this morning as
opposed to last week because I do not think we have the
paperwork finished, and so that is why you were not included
with some of the other colleagues.
But including overseeing the historic investment in Amtrak
in the Bipartisan Infrastructure Law, Mr. Chen has had a
distinguished career in academia, public service, and the
private sector. And from 2014 to 2018, he was confirmed by the
Senate as a Member of the Social Security Advisory Board,
previously serving as a senior official at the Department of
Health and Human Services during the Bush administration.
He has also served as Policy Director for Senator Mitt
Romney's 2012 Presidential Campaign. Our colleague is here from
Utah, I am sure, to give us some more words of wisdom on
support of Mr. Chen. So we thank you for joining us today. And
after I turn to my colleague, we will then turn to you for your
remarks.
But Amtrak is in the middle of one of the most significant
transformation--transportation changes since its founding more
than 50 years ago, with ridership on track to exceed pre-
pandemic levels this year. As we said earlier this month, we
are happy to consider the nominees who bring much-needed
geographic diversity to the Board, and thanks to the advocacy
of my colleagues from the West, like Senator Tester, on these
issues, we are seeing that diversity.
So I look forward to hearing from all of you. Thank you for
your willingness to serve and come before the Committee. Now I
will turn to Ranking Member Cruz for his opening remarks.
STATEMENT OF HON. TED CRUZ,
U.S. SENATOR FROM TEXAS
Senator Cruz. Thank you, Madam Chair. This morning, we will
hear from nominees to the Amtrak Board of Directors, the
Federal Maritime Commission, and the National Transportation
Safety Board, the (NTSB). The nominee to the Amtrak Board is
Mr. Lanhee Chen. Mr. Chen received his J.D. and Ph.D. from
Harvard and has deep experience in business, financial
management, and policy.
In addition to serving on the Boards of both private
companies and nonprofits, he was nominated and confirmed by
voice vote to the Social Security Advisory Board in 2014. Mr.
Chen would be a strong addition to the Amtrak Board. Having a
director with his acumen is particularly important as Amtrak
examines service expansions and struggles to manage major
capital projects effectively. I look forward to hearing more
about his qualifications for this important post from Senator
Romney, his former boss, and our colleague, who will be
formally introducing him in just a moment.
The Federal Maritime Commissioner, Carl Bentzel, will also
appear before us today. Mr. Bentzel has been nominated for a
second term on the Federal Maritime Commission, or the FMC. The
FMC is the Federal agency charged with ensuring ocean
transportation is competitive and abides by the Shipping Act,
protecting both American consumers and shippers. Last Congress,
Senators Thune and Klobuchar worked on legislation to
reauthorize the FMC, the Ocean Shipping Reform Act of 2022. I
look forward to hearing from Mr. Bentzel on the Commission's
progress implementing that legislation, as well as his views on
what may be next for the FMC.
Mr. Bentzel's confirmation hearing is timely, as the U.S.
teeters on the brink of the first union strike among East and
Gulf Coast ports since 1977. As usual, the Biden-Harris
administration seems to have been caught unaware of the
potential for a strike and has shown little leadership in
bringing the parties together to negotiate a deal and prevent a
strike.
Let us be clear about the potential consequences of a
strike. A J.P. Morgan analysis, quoted in The New York Times
yesterday, projected that a port strike could cost the American
economy $5 billion per day. I hope the administration is able
to avert that strike.
While the FMC will not have a role in the negotiations
themselves, the Commission issued a notice on Monday that it
will continue to monitor transportation stakeholder practices
for any violations of the Shipping Act as transportation
providers and shippers look to move their goods.
Finally, we will hear from Thomas Chapman, who has been
nominated for a second term on the NTSB. The NTSB investigates
transportation accidents and other incidents to identify their
causes and to recommend safety improvements to prevent similar
incidents in the future. The NTSB is not a regulator and has no
power to mandate the adoption of its recommendations. But
because of the NTSB's reputation for thorough and accurate
investigations, the results of its investigations are well
regarded around the world, and agencies and companies often
implement NTSB recommendations, voluntarily.
The NTSB also provides valuable information for Congress
and Federal agencies to consider when developing transportation
policy. Mr. Chapman has many years of experience working on
aviation issues, including on staff to this very Committee.
During his first term at the NTSB, Mr. Chapman increased his
attention on roadway safety and recommended several changes to
traffic policy. I agree that roadway safety is an important
priority. According to the National Highway Traffic Safety
Administration, there were almost 41,000 motor vehicle traffic
fatalities last year. I look forward to hearing from Mr.
Chapman on how we might reduce those numbers without burdensome
regulations or reducing consumer choice.
Thank you, Madam Chair.
The Chair. Thank you, Senator Cruz. And before I turn to
our colleague, Senator Romney; I just want to note that in the
audience with us today is NTSB Chair, Jennifer Homendy. Thank
you for being here. I am assuming in support of our nominee.
We also have two FMC Commissioners, Commissioner Vekich and
Senator--I mean, Commissioner Maffei, thank you for being here
as well.
Senator Romney, welcome to the Commerce Committee. We look
forward to hearing your remarks.
STATEMENT OF HON. MITT ROMNEY,
U.S. SENATOR FROM UTAH
Senator Romney. Thank you, Chair Cantwell, and thank you,
Ranking Member Cruz. I have to admit that had I seen this
hearing room before, I might have been very tempted to become a
member of this Committee. It is a lot better than the ones I
normally attend.
I am delighted today to be able to introduce a friend of
mine, a colleague, and someone I respect very deeply, Lanhee
Chen. He has been an adviser for me for more than a decade, and
I actually think he would be an excellent member of the Board
of Directors of Amtrak.
Obviously, Amtrak's Board is responsible for setting policy
and overseeing management, and the strategic direction of
Amtrak. And I cannot think of a person more intellectually and
emotionally suited for a role of that nature than Lanhee Chen,
because he is brilliant, because he is a man of integrity, and
because his life experience shows that he has had a career that
has spanned the government sector, the private sector, policy
areas, and academia, really quite an extraordinary man.
As you know, he is the son of Taiwanese immigrants, and he
attended Harvard College, where he graduated magna cum laude in
Government. Then he went on to get a Ph.D. in political science
at Harvard University and get a law degree from Harvard Law
School. It seems no other university would take him.
[Laughter.]
Senator Romney. Lanhee has served on the Board of both of
my Presidential campaigns, and I entrusted him to spearhead the
policy direction for my campaign, and to be my chief policy
adviser. He did that without a partisan bent; he did that
entirely based upon the intellectual capacity that he brought
to the team, and offered superb advice.
From 2014 to 2018, as Chair Cantwell has indicated, he was
appointed by President Obama to serve as a member of the Social
Security Advisory Board. He is currently the Director of
Domestic Policy Studies, and a lecturer at Stanford University,
as well as a fellow at the Hoover Institution. He lives in the
Bay Area with his wife, Cynthia who, by the way, is brilliant
in her own right. And they have two children. Lanhee Chen.
The Chair. Thank you. Thank you, Senator Romney. I very
much appreciate you in your busy schedule, coming here to
advocate on behalf of Dr. Chen. So thank you.
We will now turn to our nominees and witnesses. And we will
start with you, Mr. Bentzel. Thank you for being here.
STATEMENT OF HON. CARL W. BENTZEL, NOMINEE TO BE A
COMMISSIONER, FEDERAL MARITIME COMMISSION
Mr. Bentzel. Chair Cantwell, Ranking Member Cruz, Members
of the Committee, good morning, and thank you for the
opportunity to appear here to be considered for nomination as
FMC Commissioner.
I would ask your permission for my formal statement to be
inserted in the record.
The Chair. Without objection.
Mr. Bentzel. I would like to recognize my Chairman, Dan
Maffei, and Commissioner Vekich, and thank them for being here
in support of my attendance. And most importantly, I want to
recognize my wife, Suzanne Bentzel, whom I met and fell for
while I was a staffer here in the Senate Commerce Committee. I
would also like to----
The Chair. Mark one down for the Commerce Committee.
Mr. Bentzel. Finally, I would like to thank President Biden
for renominating me. When I came before this Committee as a
nominee 5 years ago, the world and the Federal Maritime
Commission were in a different place. The pandemic had not yet
gripped the country. The shipping industry, although essential
to the Nation's economy, was invisible to the public eye. Then
it wasn't.
The earliest part of the pandemic resulted in reductions of
over 20 percent of imports through our West Coast ports. By
early summer, we swung to over 30 percent increases, a stunning
change in demand. During the entirety of the pandemic, we saw
27 percent increases in imported containers, and one percent
increases of exports. The movement of enhanced cargo volumes
was first stymied on the West Coast with a lack of intermodal
chassis, and then by Chinese Government-controlled container
manufacturers intentionally suppressing production of
containers.
Container shipping lines were ultimately forced to wait off
the coast of the United States for one to two weeks over,
essentially, what became a two-year period. The result of
congestion and enhanced supply need were that spot shipping
rates increased by factors of 10 to 15 times prior to the
pandemic. And even more importantly, transits took more than
three times longer.
In my view, this was the single most important factor in
driving inflationary costs. Congress, and specifically this
Committee, responded to the shipping challenges by passing the
Ocean Shipping Reform Act of 2022. And since that time, the
Commission has been busy and engaged in the implementation of
the Act.
This summer, the Commission released final rules on
detention and demurrage and refusals of service. In addition,
the FMC has put in place a charge complaint process mandated
through OSRA that allows shippers to file complaints and get
streamlined resolution for shipper conflicts. Over $12 billion
were assessed in detention and demurrage by ocean carriers and
marine terminals over the course of the pandemic, some were
justified, others were not.
The FMC is challenged in accommodating the volume of legal
cases and are currently processing more complaints than at any
time in our history.
The FMC is an independent Agency with specialized
experience in international ocean liner transportation
services. The Agency is charged with the responsibility of
administering a law that, in addition to protecting the public
from unfair practices, provides a focused antitrust regulatory
regime tailored to factors affecting regularly scheduled
international ocean shipping trade.
For the sake of brevity, the FMC's objectives are to
maintain an open, competitive, and reliable international ocean
shipping system and to protect the shipping public from
unlawful, unfair and deceptive ocean shipping practices. I did
want to identify a few general policy areas that I believe will
be important as the FMC moves to the future.
The maritime industry is increasingly tied to the
efficiencies of their intermodal partners in moving cargo
through marine terminals and ports and onto the surface
transportation modes. There are multiple players involved in
port and maritime terminal management, and throughput
infrastructure is often a shared venture. Fostering greater
intermodal connectivity, while addressing societal,
environmental, and quality-of-life challenges, will continue to
be at the forefront of any new investments.
Another area of potential concern, are impacts of
consolidation. While I believe the ocean shipping market
remains strongly competitive, I also recognize the need for
continued vigilance. The U.S. Antitrust guidelines governing
competition, used by the FMC, can be used to conclude that the
international ocean liner industry market is very competitive.
However, we need to continue to require greater scrutiny given
the nationalization of some of the shipping lines, and the
economic stakes that could be involved in potential market
manipulation.
I would be remiss if I did not mention one area of
particular concern related to the overall health and long-term
stability of the international shipping industry, and that is
the concerted efforts by the People's Republic of China to
secure market dominance in international shipping. The PRC has
invested heavily to ensure that China will continue to dominate
in multiple aspects of maritime trade as an instrument of its
foreign policy. Chinese Government-controlled companies
manufacture over 98 percent of the marine containers used in
world trade, 80 percent of the intermodal shipping chassis used
in trucking containers, 60 percent of the ships used in the
international commercial fleet, and over 20 percent of our
regularly scheduled ocean carrier service providers are
government-controlled.
In my view, this issue needs more attention than what we
can do at the FMC, but it is an expanding risk.
Chair Cantwell, and Ranking Member Cruz, I want to thank
you and your staffs again for your courtesies. And I am pleased
to answer any questions that you have.
[The prepared statement and biographical information of Mr.
Bentzel follow:]
Prepared Statement of Carl W. Bentzel, Nominee to be a Commissioner,
U.S. Federal Maritime Commission
Chair Cantwell, Ranking Member Cruz and members of the Committee,
good morning and thank you for the opportunity to appear here before
you today as a nominee to be Commissioner of the Federal Maritime
Commission (FMC). I would also thank you both for the courtesies that
your staff extended to me throughout the nomination process. I would
like to recognize my Chairman, Dan Maffei and thank him for being here
in supportive attendance. Most importantly, I would like to recognize
my wife, Suzanne, who I met and fell for while working here on the
Commerce Committee. Finally, I would like to thank President Biden for
nominating me for a second term.
When I came before this Committee, as a nominee, five years ago,
the world and the Federal Maritime Commission were in a different
place. The pandemic had not yet gripped the country. The shipping
industry although essential to the Nation's economy was invisible to
the public eye. Then it wasn't. The earliest part of the pandemic
resulted in reductions of over 20 percent imports of containerized
cargo through West Coast ports, and then by early summer swung to over
30 percent increases, a stunning change in demand. During the entirety
of the pandemic, we saw 27 percent increases of imported containers and
1 percent increases of exports.
Movement of enhanced cargo volumes were at first stymied on the
West Coast with the lack intermodal chassis, and then by intentional
suppression of container availability, as the Chinese government-
controlled container manufacturers intentionally suppressed production.
Container shipping lines ultimately were forced to wait off the U.S.
coast for 1-2 weeks before berthing. The result of congestion and
enhanced supply needs were that shipping rates were increased on the
spot market by 10 to 15 times the rate prior to the pandemic, and
transits took more than three times longer. In my view this was the
most singularly important factor in driving inflationary cost.
Congress and specifically this Committee, responded to the shipping
challenges by passing the Ocean Shipping Reform Act of 2022, which the
President signed into law on June 16, 2022. Since that time, the
Commission has been busy and engaged in implementing OSRA-22. This
summer the Commission released two final rules, on Detention and
Demurrage and the second a rule on Refusal to Deal or to provide
service.
In addition, the FMC has put in place a charge complaint process,
mandated through OSRA, that allows shippers to file complaints and get
streamlined resolution to their shipping conflicts. This has been a
revelation for smaller and larger shippers alike, especially exporters
that do not have the financial resources to file large scale cases. It
has also demanded that the ocean carriers come to the table and engage
in conflict resolution. Over 12 billion dollars was assessed in
detention and demurrage by ocean carriers and marine terminals over the
course of the pandemic, while many of these penalties could be
justified, others were unfairly assessed. The Federal Maritime
Commission is currently stressed accommodating the volume of legal
challenges to the evaluation of the reasonableness of penalty
assessments. We are currently processing more complaints than any other
time in our history.
The FMC is an independent agency with specialized experience in the
international ocean transportation industry. The agency is charged with
the responsibility of administering a law that, in addition to
protecting the public from unfair practices, provides a focused
antitrust regulatory regime tailored to factors affecting regularly
scheduled international ocean shipping trade. Under the Shipping Act of
1984, as amended by the Ocean Shipping Reform Act of 1998, Congress
found that collaborative joint venture agreements between and among
ocean carriers and marine terminal operators may and can provide
efficiencies and reduced costs that ultimately benefit U.S. importers
and exporters and save the U.S. consumer money. The Commission's
responsibility is to review agreements and determine that they do not
unreasonably reduce competition or increase transportation costs. The
FMC reviews and continues to actively monitor these joint
collaborations and agreements under the Shipping Act to ensure that
pro-competitive efficiencies and cost savings are obtained for the
benefit of U.S. consumers.
The FMC also engages in a variety of activities to protect the
public from financial harm, including licensing, registration, and
monitoring the practices of intermediaries and implementing financial
bond requirements for over 6,000 ocean transportation intermediaries
(OTI). Our statutes require the FMC to investigate and prosecute
unreasonable or unjust practices or rules on private party complaints
alleging Shipping Act violations. These activities contribute to the
competitiveness, integrity, fairness, and efficiency of the Nation's
import and export supply chains and the ocean transportation system.
The FMC has authority under the Foreign Shipping Practices Act of
1988, and Section 19 of the Merchant Marine Act, 1920 to evaluate the
practices of foreign governments to determine whether they are
unfavorable or discriminatory. The FMC is authorized to take certain
actions in response to the discriminatory practices of foreign
governments, after investigation and due process, to help address anti-
competitive discriminatory foreign shipping practices. Finally, the FMC
is required to impose certain additional protections with respect to
foreign carriers that are operate under government control to ensure
that they do not engage in predatory pricing practices.
In sum, the FMC's objectives are to maintain an open, competitive
reliable international ocean shipping system, and protect the shipping
public from unlawful, unfair and deceptive ocean shipping practices.
It is with great pleasure and honor that I was re-nominated for
this position. In 1995, I was hired to work as a Senior Counsel for the
Senate Committee on Commerce, Science and Transportation where I worked
for Senators Hollings, Breaux and Inouye on maritime and surface
transportations issues. During this time, we worked closely and on a
bi-partisan basis with Senators Stevens and Lott to deregulate ocean
shipping requirements to allow confidential shipping contracts, and to
furnish the current regulatory structure governing international ocean
liner shipping and FMC operations today. The Ocean Shipping Reform Act
of 1998 was a landmark change in the way we regulate ocean shipping,
where I believe we adequately balanced the need for a more competitive
regulatory environment with a proper degree of oversight.
My time spent as a staffer working for the Senate Commerce
Committee was a work career highlight and gave me opportunities to
learn more about the maritime industry than perhaps any other
employment position. I have had the opportunity to experience
firsthand, port and marine terminal operations, visit shipping lines to
understand their logistics challenges, and garner a greater
understanding of intermodal trucking and rail issues pertaining to
services through our ports. I feel graced to have had this opportunity.
While it would not be appropriate to comment on specific areas
where the FMC is currently considering policy, I did want to identify a
few general policy areas that I believe will be important for the FMC
as the agency moves forward to the future.
The maritime industry is increasingly tied to the efficiencies of
their intermodal partners in moving cargo through marine terminals and
ports and onto the surface transportation modes of trucking and rail.
There are multiple players involved in port and maritime terminal
management, and throughput infrastructure is often a shared venture.
Freight volume increases, while providing economic benefit, also carry
with it negative impact on surrounding community's environmental
quality.
Another area of potential concern are the impacts of consolidation.
However, I believe that the ocean shipping market remains strongly
competitive, but also recognize the need for continued vigilance. The
U.S. antitrust guidelines governing competition utilized by the FMC in
consideration of filed agreements generally can be used to conclude
that the international ocean liner industry market is very competitive,
but I believe that we need to continue to require greater scrutiny
given the nationalization of some of the shipping lines, and the
economic stakes that could be involved in potential market
manipulation.
I would be remiss if I did not mention some of the macro-supply
chain challenges that are and will continue to stress the shipping
industry and will cause competitive impacts and reduce efficiency of
our supply chain.
First, the People's Republic of China (PRC) has invested heavily to
ensure that China will continue to dominate in multiple aspects of
maritime trade as an instrument of foreign policy. Chinese government-
controlled companies manufacture, conservatively, over 98 percent of
the marine containers used in world trade, 80 percent of the intermodal
shipping chassis used in trucking containers, 60 percent of the ships
used in the international commercial trade. Over 20 percent of our
regularly scheduled ocean carrier service providers are Chinese
government controlled. We need to continually scrutinize this market
for potential market abuse to protect against what has already been
established as Chinese market dominance.
Secondly, Red Sea shipping attacks on innocent merchant shipping
and the effective closure of the Suez Canal are actions with
international consequence, and I do not believe that the public
understands the costs to world economies that we are already paying as
result of international inaction. International will seems to be
lacking. The Red Sea shipping route is an international maritime
superhighway, could you imagine the reaction if a terrorist
organization highjacked usage of I-95--but that's what is essentially
happening.
Finally, an International Maritime Organization (IMO) rule,
commonly referred to as ``IMO 2050'', requires ocean carriers reach an
enhanced common ambition to achieve net-zero GHG emissions from
international shipping by or around, i.e., close to, 2050. While I
believe that the target is attainable and support the target, I am
concerned that implementation of the new requirements will shift the
fuel used in maritime transportation from a single petroleum source to
3 or 4 alternative fuels. We need further assessment to ensure that
clean energy sourcing can occur, consistent with other societal
protections and energy use obligations. Ultimately, the market will
adjust to the new fuel requirements.
Chair Cantwell and Ranking Member Cruz, if given the privilege of
continuing to serve as a Federal Maritime Commissioner, I pledge to you
that I will follow the statutory requirements of the law in an
objective and unbiased basis. I also pledge to be fully responsive and
engaged with any demand or request of this Committee as you discharge
of your legislative and regulatory oversight of the FMC.
I wish to thank you and your staffs once again, and I am pleased to
answer any questions that you might have.
______
a. biographical information
1. Name (Include any former names or nicknames used): Carl Whitney
Bentzel.
2. Position to which nominated: Commissioner, Federal Maritime
Commission.
3. Date of Nomination: July 11, 2024.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Federal Maritime Commission (FMC) (Office) Suite 1026, 800
North Capitol St NW, Washington, DC 20573.
5. Date and Place of Birth: 07/25/1963; Bethesda, MD.
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: Suzanne Marie Bentzel employed by the West Virginia
University.
Children--C.J. Bentzel (21),
7. List all college and graduate schools attended, whether or not
you were granted a degree by the institution. Provide the name of the
institution, the dates attended, the degree received, and the date of
the degree.
B.A. Degree (History), St. Lawrence University, 1985
J.D. Degree, University of Alabama, 1989
L.L.M. Degree in Admiralty Law, Tulane University, 1990
8. List all post-undergraduate employment, including the job title,
name of employer, and inclusive dates of employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Democrat Counsel for Maritime Policy, House Committee on
Merchant Marine and Fisheries (1990-1994).
Democrat Senior Counsel, Subcommittee on Surface Transportation
and Merchant Marine, Senate Committee on Commerce, Science and
Transportation (1995-2004).
Vice President, DCI Group LLC (2004-2014). Partner, SB Capitol
Solutions (2014-2016).
Principal, Bentzel Strategies LLC (2016-2019).
Commissioner, U.S. Federal Maritime Commission (2019 to
present).
9. Attach a copy of your resume.
Attached at end of questionnaire.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above after 18 years of age.
Not Applicable.
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.
List of entities for whom I consulted:
Hydrogen Energy California LLC
Specialized Carrier and Rigging Association
American Roll-on Roll-off Carriers
American Task Force Argentina
CEMEX
Exxon Mobil
Great River Economic Development Foundation
Owner-Operator Independent Drivers Association (OOIDA)
Verizon
Inspire STEM Coalition
Intelligent Car Coalition
DCI Group LLC
12. Please list each membership you have had after 18 years of age
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.
Propeller Club of Washington DC (2008-2012, est.)
Country Club at Woodmore (2004 to present)
Both organizations do not discriminate.
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.
Not applicable.
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.
Not applicable.
15. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $200 or more for the past ten years.
Joe Manchin ($2516)
Cheri Bustos ($500)
Rick Nolan ($500)
Garret Graves ($1500)
Sam Graves ($1000)
Shelley Moore Capito ($250)
Patrick McHenry ($500)
Dan Lipinski ($500)
16. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Coast Guard's Medal for Meritorious Public Service
Maritime Security Council's Man of the Year Award
17. List each book, article, column, letter to the editor, Internet
blog posting, or other publication you have authored, individually or
with others. Include a link to each publication when possible. If a
link is not available, provide a digital copy of the publication when
available.
Prior to my position as Commissioner, I published the following
materials related to my expertise in maritime shipping, transportation
and energy, and have included access to these materials below.
Book:
McGraw-Hill's Handbook on Homeland Security, port security
chapter, (chapter 36).
Op-Eds:
Security in U.S. ports is severely lagging 3/1/2006:
https://maritime-executive.com/article/2006-03-01commentary-by-
carl-benzel-on-dubai-por
All of the Above Transportation Funding 3/17/2017:
https://morningconsult.com/opinions/transportation-funding-its-
all-of-the-above/
Trump Should Reverse Obama-Era South Atlantic Oil and Gas
Restrictions
4/07/2017
https://morningconsult.com/opinions/trump-reverse-obama-era-
south-atlantic-oil-gas-restictions/
It's Not About a Wall, but It Is All About Over, Under,
Around, and Through 11/27/2017:
https://morningconsult.com/opinions/its-not-about-a-wall-but-
it-is-about-over-around-under-through/
As Federal Maritime Commissioner I have issued the following two
reports:
Assessment of the People's Republic of China's Control of
Container and Intermodal Chassis Report:
https://www.fmc.gov/wpcontent/uploads/2022/03/
ContainerandChassisManu-
facturingFinalReport.pdf
Maritime Transportation Data Initiative (MTDI) Views and
Report:
content/upioads/2023/04/MTDIReportandViews.pdf
18. List all speeches, panel discussions, and presentations (e.g.,
PowerPoint) that you have given on topics relevant to the position for
which you have been nominated. Include a link to each publication when
possible. If a link is not available, provide a digital copy of the
speech or presentation when available.
During the course of my close to fifteen-year work experience in
both the House of Representatives and the Senate, I was asked on
average about five times a year to provide legislative update speeches
to groups involved in maritime and transportation policy. All speeches
were given under the constraints of my professional obligations to the
House and Senate Committees where I worked. All remarks that I made
were made off of the cuff, and I do not have notes either. I have
attached Internet access to all speeches and events that I could
readily locate that discussed my comments.
http://www.thebreakingnews.com/files/articles/
ncorpcharlestontranscript.pdf. National Council on Readiness
and Preparedness (port security on 11/30/2006)
https://www.upi.com/Washington-Agenda-GeneraU627910216632l6/
Center for Strategic and International Studies holds a program
with U.S. Transportation Secretary Norman Mineta to discuss
Post-9/11 Environment. (port security on 5/20/2002)
http://www.tvworldwide.com/events/hdi/070307/ Border, Maritime
and
Transportation Security Conference (port security on 3/7/2007)
https://m.marinelog.com/docs/MLEGMMIV/mle2MMIV2.html Marine Log
Conference (maritime legislative update on 9/23/2004)
https://www.truckinginfo.com/108276/in-the-end-truckers-costs-
are-shippers-costs-too NIT League panel discussion (trucking
driver shortage on 5/23/2012)
http://www.island.lk/2004/07/05/busine06.html Washington Press
Club
Panel Discussion (port security on 5/7/2004)
During the course of my close to five-year work experience on the
Federal Maritime Commission, I was asked on average about three to five
times a month to provide maritime policy and maritime regulatory policy
update speeches to groups involved in maritime and transportation
policy. All speeches were given under the constraints of my
professional obligations as a Federal Maritime Commissioner. I have
included my schedule of speaking events, however, most remarks that I
made were made off of the cuff, I have attached any power point
presentations that are still accessible as. I have attached Internet
access to all speeches and events that I could readily locate that
discussed my comments.
19. List all public statements you have made during the past ten
years, including statements in news articles and radio and television
appearances, which are on topics relevant to the position for which you
have been nominated, including dates. Include a link to each statement
when possible. If a link is not available, provide a digital copy of
the statement when available.
Below is a list of speaking engagements to industry groups. The
topics have typically been educating on the FMC mission, pandemic and
supply chain disruptions, Ocean Shipping Reform Act of 2022 (OSRA-22)
Maritime Transportation Data Initiative (MTDI) and general agency and
industry updates. Many of my presentations had a standard power point
document, prepared to provide structure to the discussion. I have
linked these presentations with the speaking engagement whenever
possible.
January 8, 2020. Speaking Engagement Port of Houston. I
accompanied a fellow Commissioner and provided general comments
and background on myself as a new Commissioner. (Houston, TX).
Sept 22, 2020. Charleston Maritime Exchange (1647 King
Street St. Extension). No prepared remarks but provided
comments on my background working with the S.C. delegation as a
staffer for the Commerce Committee and to former Chairman
Hollings. (Charleston, SC).
October 22, 2020. U.S. Department of Commerce. Supply Chain
Advisory Committee Meeting Inland Waterway)
February 16, 2021. National Association of Waterfront
Employers (NAWE) Keynote Presentation. NAWE
February 18, 2021. American Association of Port Authorities
(AAPA). Communications, Administration & Legal Issues Seminar--
Carl Bentzel Recording Session (Detention and Demurrage)
February 18, 2021, Agriculture Transportation Coalition.
USDA Ag Shipper Workshop w/FMC Commissioners Bentzel and Maffei
(No prepared remarks).
February 22, 2021. The State of Shipping, featuring
Commissioner Carl Bentzel of the Federal Maritime Commission
National Association of Chemical Distributors (NACD)
presentation and conversation with shipping industry subjects
that may include the shipping delays, customer service, rate
increases, port issues, and more.
March 4, 2021. AAPA Anywhere: Winter Security Committee
Meeting
March 18, 2021. European Maritime Law Organization (EMLO)
``U.S. Maritime Policy Under the Biden Administration:
Continuity or Change?'' The other panelists include Bill Doyle
(port focus) and R. Adm. Mike Rodriguez.
March 18, 2021. National Industrial Transportation League
(NITL) Summit presentation (No prepared remarks)
March 30, 2021. In Conversation with FMC's Commissioner Carl
Bentzel--Demurrage and Detention & Managing Port Operations
May 10, 2021. Institute of Scrap Recycling Industries Board
meeting;
May 12, 2021. Five California District Export Councils
Virtual Meeting Virtual Capitol Summit (CalChamber--CA
Legislative Issues Summit)
June 3, 2021. TIA Airfreight & International Logistics
Conference Quarterly Meeting Featuring Commissioner Bentzel,
FMC
June 24, 2021. American Trucking Association (ATA) IMCC
Board Presentation regarding FMC priorities and discuss key
motor carrier concerns.
July 15, 2021. Steptoe Supply Chain University
July 26, 2021. DISCUS Webinar on International Shipping with
the Federal Maritime Commission (Join DISCUS for a conversation
with Federal Maritime Commissioner Carl W. Bentzel to discuss
FMC's role in addressing the various challenges facing
importers and exporters, such as demurrage and detention
practices, increased freight costs, container shortages, and
port delays.
August 11, 2021. NACD Board Meeting: (San Antonio TX)
August 25, 2021. State of Shipping U.S. Exporters
Competitive Maritime Council (ECMC)
August 25, 2021. Commissioner Bentzel Meeting with Global
Soy Trade Exchange and Specialty Grains Conference (St. Louis,
MO)
August 30, 2021. Roundtable, ``Build Back Better--the Supply
Chain'' (Port of Oakland).
September 1, 2021. Stakeholder Roundtable on Data
Transparency with Commissioner Bentzel and Congressman
Lowenthal Mario Cordero and Gene Seroka, 415 W. Ocean Blvd.,
Long Beach, CA 90802 (No prepared remarks--this was a listening
session).
September 17, 2021. Tulane Maritime Law Society Virtual
Presentation by Federal Maritime Commissioner--Carl Bentzel on
Maritime Law Industry
September 24, 2021. American Pyrotechnics Association Annual
Convention (Keynote Speaker) San Antonio TX)
September 28, 2021. American Automotive Leasing Association
Annual Meeting (Keynote) Houston, TX)
September 29, 2021. Breakbulk Conference Speech (Houston,
TX).
October 5, 2021. Cal Chamber (Zoom meeting re Port
Congestion)
October 13, 2021. NYSHEX Symposium (Washington DC)--General
Remarks on the history of shipping act reauthorization bills
(no prepared remarks).
October 14, 2021--Private Railcar Food and Beverage
Association Meeting--What's Going On With Ocean Freight?
October 23, 2021--Wine and Spirits Shippers Association
(WSSA) (Savanah, GA).
November 8, 2021--International Chemical Trade Association
(What's Going On With Ocean Freight?). (no prepared remarks).
November 15, 2021. Port and Ocean Shipping Task Force
Webinar (National Association of Manufacturers Port Task
Force). (no prepared remarks).
November 29, 2021. NTD News Business Interview with
Commissioner Bentzel
January 26, 2022. American Ship Brokers Association Annual
General Meeting in NYC (Keynote Speaker)
February 15, 2022. Keynote Speaker The National Association
of Foreign-Trade Zones (NAFTZ) 2022 Legislative Summit
(Washington, DC)
February 25, 2022. Keynote Remarks Ecosystem of the American
Maritime Industry (Teams)
February 28, 2022. Trans-Pacific Maritime (TPM) Conference
Speaking Engagement (with Peter Tirshwell) (Long Beach, CA).
March 17, 2022. The National Association of Maritime
Organizations (NAMO) (to speak on MTDI) (Washington, DC). (no
prepared remarks).
May 2, 2022. Intermodal Association of North America
Education Session (Chicago, IL).
May 10, 2022. AASHTO Water Transportation Council on the
Assessment of the People's Republic of China's Control of
Container and Intermodal Chassis Manufacturing Report (Zoom).
May 14, 2022. Transportation Lawyers Association Annual
Conference (Keynote) Williamsburg, VA
May 15, 2022. World Ports Conference Talk on Maritime
Transportation Data Initiative (MTDI) (Vancouver BC).
June 7, 2022. Call with Retail Industry Leaders Assn
(RILA)--member companies (BCOs)
June 9, 2022. Maritime Trades Department speaking engagement
(Philadelphia)
June 15, 2022. USA Poultry & Egg Export Council Annual
Meeting (Keynote) (TEAMS)
July 11, 2022. Commissioner Bentzel Interview with Digital
Container Shipping Association (DCSA).
September 22, 2022. Chamber of Commerce's Transportation
Infrastructure Logistics Committee
September 30, 2022. Utah Chamber of Commerce (Washington DC)
October 6, 2022. Lunch Keynote Speaker--Maritime Security
Symposium (Navy League Event) (NY, NY).
October 17, 2022. AAPA Legislative Policy Committee (LPC) on
MTDI, Orlando, FL.
November 3, 2022. NYSHEX Annual Conference Panel (MTDD (NY,
NY).
December 15, 2022. NAWE Annual Conference
January 4, 2023. Specialty Soy and Grains Alliance Remarks
(prerecorded).
February 2, 2023. NY/NJ Foreign Freight Forwarders
Association in Jersey City
February 7, 2023. American Chemistry Council Board Rail,
Transportation and Infrastructure Committee (no prepared
remarks).
February 15, 2023. Department of Commerce Supply Chain
Advisory Committee (OSRA-22 Implementation) (no prepared
remarks).
February 27, 2023. TPM Keynote Discussion (OSHRA-22
Implementation) (no prepared remarks). (Long Beach, CA).
March 13-17, 2023. Ports of Antwerp and Rotterdam Europe
Trip (Meeting with EU on MTDI and DCSA Standards Committee on
MTDI)
March 15th--Commissioner Bentzel MTDI Presentation to
Digital Container Association Board of Directors,
Amsterdam, Netherlands.
April 5, 2023. Creating Standards for Port Optimization
Systems--Port of the Future Conference (Houston, TX).
April 18, 2023. Institute of Scrap Recycling Industries
Convention & Exposition Maritime Transportation Data Initiative
(MTDI Recommendation, Memphis, TN
April 24, 2023. OMSA Membership and Board of Directors 2023
Spring Conference (Washington, DC). (no prepared remarks).
April 25, 2023. Construction Industry Supply Chain
Roundtable (Washington, DC) (no prepared remarks).
April 26, 2023. Cargomatic Fireside Chat (zoom)
April 27, 2023. Chamber of Commerce Infrastructure Committee
(Washington, DC). (no prepared remarks).
May 16, 2023. Ocean Carrier Equipment Management Association
(OCEMA) Lunch Speaker (Washington, DC). (no prepared remarks).
May 23, 2023. Freight Buyers Club Interview (Mike King). (no
prepared remarks).
June 16, 2023. American Cotton Shippers Association
(``ACSA'') Keynote, Park City, Utah
September 11, 2023. NCBFAA Annual Government Affairs
Conference (GAC) (Washington, DC)
September 12, 2023. Global Shipping Crime Conference
(USDOT). (no prepared remarks).
October 5, 2023. Maritime Security Conference (NY, NY). (no
prepared remarks).
October 11, 2023. NITL Engage Conference--The Supply Chain
Nexus: A Forward Thinking Conversation with FMC, STB and DOT
(Columbus, OH).
October 31, 2023. Houston International Maritime
Conference--How OSRA Continues to Impact the Industry 2nd
Annual Houston International (Houston, TX).
November 1, 2023. ASTM--Maritime Transportation Data
Initiative (MTDI Preliminary Recommendations And Next Steps
November 3, 2023. NYSHEX Ocean Strategy Forum (NY, NY)
November 7, 2023. Legal/Regulatory Hot Topics: A
Conversation with Commissioner Bentzel (Health & Personal Care
Logistics Conference) (Chicago)
December 5, 2023. Harnessing and Harmonizing Data Through
Information Sharing FMC Commissioner Carl W. Bentzel Smart
Digital Ports of the Future Conference 2023--Halifax, Canada
February 28, 2024. Supply Chain & Logistic Summit, PR
Manufacturers Association (Keynote speaker) San Juan, Puerto
Rico. (no prepared remarks).
March 13, 2024. Illinois Trucking Association (Teams
meeting). (no prepared remarks).
March 27, 2024. Participant in Port of Gulfport, MS
Roundtable (see linked agenda. No prepared remarks)
May 1, 2024. Brief Remarks at ZEBOX (Arlington, VA) (no
prepared remarks)
May 14, 2024. Northwest Seaport Alliance-Peak Season
Planning Conference presentation
May 15, 2024. Expeditors State of the Industry, Key Note
Presentation (Seattle, WA)
May 22-23, 2024. Crossroads of the World Summit, Utah
Chamber of Commerce Participant (no prepared remarks. Agenda
linked)
July 31, 2024. AgTC-USDA Ag Shipper Workshop: Federal
Maritime Commissioner Carl Bentzel (No prepared remarks)
August 19, 2024. National Shipper Advisory Committee--August
2024 Meeting (No prepared remarks)
During my term as an FMC Commissioner, I provided regular updates
on Road Dog Trucking (channel 146) featuring Mark Willis (Road Dog
News) and Dan Ronan (Transport Topics) on industry conditions and
issues of the day. My remarks have been my own and not of the FMC. The
general issues I have discussed over the past four years have been
pandemic shipping and supply chain conditions, passage and deliberation
of the Ocean Shipping Reform Act of 2022, the Maritime Transportation
Data Initiative (MTDI); Detention and Demurrage (D&D). Below are the
dates that I have appeared on Trucker Radio. The clips are only posted
for three days after the appearance.
February 13, 2020--Road Dog Trucking (channel 146) featuring
Mark Willis
May 7, 2020--Road Dog Trucking (channel 146) featuring Mark
Willis
May 12, 2020-Road Dog Trucking (channel 146) Dan Ronan--
Transport Topics
July 13, 2020--Road Dog Trucking (channel 146) featuring
Mark Willis
January 12, 2021--Road Dog Trucking (channel 146) Dan
Ronan--Transport Topics
March 15, 2021--Road Dog Trucking (channel 146) Dan Ronan--
Transport Topics
April 17, 2021--Road Dog Trucking (channel 146) featuring
Mark Willis
June 21, 2021--Road Dog Trucking (channel 146) featuring
Mark Willis
September 15, 2021--Road Dog Trucking (channel 146)
featuring Mark Willis
October 21, 2021--Road Dog Trucking (channel 146) featuring
Mark Willis
March 15, 2022--Road Dog Trucking (channel 146) Dan Ronan--
Transport Topics
June 6, 2022--Road Dog Trucking (channel 146) featuring Mark
Willis
June 21, 2022--Road Dog Trucking (channel 146) Dan Ronan--
Transport Topics (Passage of OSRA-22)
June 24, 2022--Road Dog Trucking (channel 146) featuring
Mark Willis (Passage of OSRA-22)
August 23, 2022--Road Dog Trucking (channel 146) Dan Ronan--
Transport Topics
October 11, 2022--Road Dog Trucking (channel 146) featuring
Mark Willis
December 19, 2022--Road Dog Trucking (channel 146) featuring
Mark Willis
May 8, 2023, Interview w/Dan Ronan on Dave Nemo Show
(Trucker Radio-146)
October 23, 2023--Road Dog Trucking (channel 146) featuring
Mark Willis
March 12, 2024--Road Dog Trucking (channel 146) featuring
Mark Willis
April 22, 2024--Road Dog Trucking (channel 146) featuring
Mark Willis
May 6, 2024--Road Dog Trucking (channel 146) featuring Mark
Willis
August 1, 2024--Road Dog Trucking (channel 146) featuring
Mark Willis
Additional Radio and TV appearances, news articles, and statements:
January 23, 2020. FMC's newest commissioner dives into role
October 7, 2020. Commissioner Bentzel Tours South Atlantic
Ports
December 06, 2021. FMC Commissioner Bentzel's grade on U.S.
logistics system: D-plus
January 28, 2021. Rural Radio Interview David Nelson
Interview (Live)
Feb 9, 2021. Commissioner Bentzel Interview with Brian
Sullivan (NBC) Empty Containers
March 9, 2021. Demurrage, Detention & Managing Port
Operations: A Conversation with FMC's Commissioner Carl Bentzel
May 11, 2021. Rural Radio on CA Port--export issues (live)
June 15, 2021. Chairman Maffei and Commissioner Bentzel Tour
the Port of New York and New Jersey, Meet with Stakeholders on
Cargo Operations and FMC Enforcement Priorities
September 16, 2021. Commissioner Bentzel hosts two
roundtables in California, meets with Supply Chain Stakeholders
and Federal and State Officials
November 12, 2021. Letter of Commissioners Carl Bentzel and
Louis Sola to Secretary Janet Yellen
The Beacon Winter 2021 Online-OP/ED The Health of Our
Maritime Industry Will Lead Our Economy Back
November 18, 2021. Why Utah is positioned to move goods
throughout the West and beyond Federal maritime commissioner
docks in Utah to talk supply chain issues
November 29, 2021. NTD Business Commissioner on New Plan to
Improve Supply Chain Data Sharing
December 8, 2021. Commissioner Bentzel Hosts Inaugural
Meeting of FMC Data Initiative
March 30, 2022. Statement by Commissioner Bentzel On the
release of the Assessment of the People's Republic of China's
Control of Container and Intermodal Chassis Manufacturing
April 1, 2022. China's chassis, container role 'entrenched'
by government: FMC's Bentzel
April 5, 2022. Commissioner Bentzel Interview with John
Gallagher (FreightWaves) on Data Initiative
April 25,2022. What the Truck (12:02-12:10) (Radio
Interview)
May 20, 2022. Statement of Commissioner Bentzel Summarizinv;
Remarks Delivered to the International Association of Ports and
Harbors on the Maritime Transportation Data Initiative and the
need for Continuing Engagement on National & Global Data
Standards
Aug 9, 2022. by The Maritime Executive Bentzel: Buildup of
Empties at East Coast Ports Near ``Emergency Level''
September 29, 2022. Statement by Commissioner Bentzel On
Surface Transportation Board Testimony On Kansas City Southern
and Canadian Pacific Merger
October 18, 2022. FMC Commissioner Carl Bentzel Proposes
Rule Emphasizing Transparency
Decem her 1, 2022. Statement of Commissioner Carl Bentzel on
Coalition for Reimagined Mobility Report: Solving the Global
Supply Chain Crisis with Data Sharing
December 7, 2022. Statement by Commissioners Bentzel and
Sola Following Meetings with Gulf Coast Region
December 8, 2022. Statement by Commissioners Bentzel and
Vekich on Amending Statutes Governing Review of VOCC and MTO
Agreements
March 31, 2023. Statement of Commissioner Carl W. Bentzel On
Meeting with the Digital Container Shipping Association (DCSA)
Board of Directors Regarding a Data Standards Framework for
International Container Shipping
April 3, 2023. Commissioner Bentzel to release final
recommendations relating to MTDI soon
April 12, 2023. Statement of Commissioner Carl Bentzel
Concerning the Uyghur Forced Labor Protection Act and Potential
Supply Chain Disruptions
May 2, 2023. FMC Commissioner Calls for Transparency in
Shipping Industry
August 23,2023. Statement of Commissioner Carl W. Bentzel on
the Release of the Maritime Transportation Data Initiative
(MTDD Request for Information (RFI)
February 7, 2024. Opening Statement of Commissioner Carl
Bentzel at Informal Hearing of the Federal Maritime Commission
Examining Impacts to Shipping Resulting from Current Conditions
in the Red Sea and Gulf of Aden Regions
February 20, 2024. Statement of Commissioner Carl W. Bentzel
on his IAMPE ``Port Perspectives'' Podcast Interview
February 23, 2024. Statement of Commissioner Carl W. Bentzel
on the Demurrage and Detention Billing Requirements Final Rule
March 1, 2024--Can anyone crack China's monopoly on shipping
containers?
March 18, 2024--What the Truck?
March 19, 2024--AAPA Commissioner's Seminar (No prepared
remarks)
April 2, 2024 Statement By Commissioner Carl W. Bentzel on
the Puerto Rico Manufacturers Association's Inaugural Supply
Chain & Logistic Summit
April 16, 2024 Statement by Commissioner Carl W. Bentzel On
The Release of the Second Request for Information for the
Maritime Transportation Data Initiative
April 22, 2024 Commissioner Carl Bentzel's call to action to
supply chain stakeholders--2nd RFI
April 23, 2024--Statement of Commissioner Carl W. Bentzel on
Letter to President Biden on Suggested Relief for Impacted
Workers and Companies Due to the Francis Scott Key Bridge
Collapse
June 4, 2024 By Land and By Sea podcast
June 11, 2024 Statement of Commissioner Carl W. Bentzel on
the Northwest Seaport Alliance Peak Planning Session
participation and Expeditors Keynote speech
July 26, 2024--Statement of Commissioner Carl W. Bentzel on
The Refusal to Deal Final Rule
20. List all 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 full name of an ``alias'' or ``handle'',
including the complete URL and usemame with hyperlinks, 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.
LinkedIn:
https://www.linkedin.com/in/carl-bentzel-2732all/
Face book:
https://www.facebook.com/people/Carl-Bentzel/100015626198312
Twitter:
https://twitter.com/cbentstrat1
All accounts are mostly dormant except Linkedln, and none had an
alias.
21. 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.
Presidential Advisory Commission on Conferences in Ocean Shipping:
4/1992. I participated as a Congressional Staff Advisor to a Commission
advising the President as to potential regulatory changes to our system
of regulating international ocean shipping. https://www.archives.gov/
files/recordsmgmt/rcs/schedules/independent-agencies/rg-0220/nl-220-92-
011_sfl_15.pdf
Interagency Commission on Crime and Security in U.S. Seaports: Fall
2000. I participated as a Congressional Staff Advisor to a Commission
advising the President as to issues related to port security. https://
www.hsdl.org/?abstract&did=437742
The Coast Guard held a public meeting on 11/9/2012 to receive
comments on the development of a Facility Security Officer training
program, pursuant to the requirements of Section 821 of the Coast Guard
Authorization Act of 2010 (Pub. L.111-281). I testified on behalf of
the National Association of Waterfront Employers about the issues
raised in this Federal Register Notice. (https://
www.federalregister.gov/documents/2012/10/ll/2012-25055/facility-
security-officer-training-requirements). I did not provide written
testimony.
United States Department of Energy, Quadrennial Energy Review,
Public Stakeholder Meeting. I testified on a panel on Barge -Waterborne
Transportation of Energy in the Inland Waterway, Across the Great
Lakes, and Along Our Nation's Coasts (8/8/2014). https://
www.enen?V.,i;ov/sites/prod/files/20l4/08/f18/
transcript_chicago_ger.pdf
United States Committee on Commerce, Science and Transportation. I
testified and provided written testimony for my nomination as Federal
Maritime Commissioner. https://www.commerce.senate.gov/2019/7/
nominations-hearing Nomination Hearing July 24, 2019 (1:15.03)
Hawaii Public Utilities Commission. In an individual capacity, I
wrote a letter of testimony in Hawaii P.U.C. Docket No. 2020-0084,
Emergency Investigative Proceeding Regarding Young Brothers L.L.C.
Financial Condition, Order No. 374. PUC Case: 2020-0084 (site.com)
United States Surface Transportation Board. I testified and
provided testimony, on behalf of myself, in opposition to the Canadian
Pacific--Kansas City Southern railroad merger. Docket No. FD_36500
https://www.stb.gov/proceedings-actions/dockets-and-service-lists/
22. 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 the course of my close to fifteen years of service as a
staffer in both the House of Representatives and the Senate, I was the
primary Democrat staffer assigned responsibility of overseeing the
operations of the Federal Maritime Commission (FMC). I handled all
oversight of their budget and operations functions, and considered
issues related to any legislation.
While a House staffer, I participated as a congressional advisor to
a Presidentially appointed commission reviewing the functions of the
FMC. While in the Senate, in 1996, I was the primary Democrat staffer
involved in amending the organic legislative structure governing
international ocean shipping. I believe that I have a deep and thorough
knowledge in this area of policy, and I enjoy the continuing ability to
learn in my role as Commissioner.
The criticality of the maritime shipping network has become ever
more salient to me during my time as a Federal Maritime Commissioner
(FMC). After being appointed and confirmed in 2019 right before the
pandemic took hold of the country, I systematically witnessed the
impact our supply chain, ports, terminals and labor play on a daily
basis. Starting with the toll COVID-19 took on the maritime workforce.
I worked directly with the White House, MARAD and the Department of
Health & Human Services to raise awareness and funding for access for
testing early on in the pandemic and later for vaccinations for
maritime workers. Coinciding with this effort, I worked with the
Administration on the tremendous surges of cargo volumes through our
ports.
Throughout the pandemic I identified choke point challenges
impacting our supply chain, starting with the realization of our
Nation's reliance on the Chinese government control of manufacture of
all international marine containers. I documented this policy failing
in a report I issued in 2022. I then identified the need for
harmonization of maritime operational information and data, after
review of most all major seaport operations as a major impediment and
cost to the economy, and in large part contributing to the costs of
inflation. This initiative, started in 2022, was supported by the
convening of eighteen public meetings on what has become the Maritime
Transportation Data Initiative. This was followed up by a Final Report
released last Spring, work continues on this important initiative. I am
pleased throughout my tenure as a Commissioner to have worked openly
and transparently with all members of Congress, the Administration and
the shipping public.
23. 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, as one of five commissioners serving the Federal
Maritime Commission, I would have limited authority to manage the
budget of the agency, as that is reserved for the Chairman of the
Commission. However, I would have authority to manage the budget of the
office of a commissioner, and I would pledge to manage the budget
functions required of the Office of Commissioner in a fiscally prudent
manner.
The Chairman of the Federal Maritime Commission is required to
consult with all Commissioners on major operational issues, and, if re-
nominated, will continue to exercise a role in consultation. In
addition, I meet at least annually to discuss proper management and
fiscal controls with the FMC's Office of Inspector General.
24. What do you believe to be the top three challenges facing the
department/agency, and why?
I think the three major challenges facing the FMC are: 1)
increasing industry consolidation of international maritime shipping
companies and what that means to the U.S. port and maritime service
providers and U.S. shippers, 2) the challenges of helping to establish
the proper regulatory environment to foster the challenge of
transferring maritime shipments off to their modal railroad and
trucking partners, importantly including harmonization of standards for
maritime/intermodal shipping data and, 3) responding to the unique
challenges posed to global commerce by political and force majeure
issues impacting international shipping, such as merchant shipping
attacks in the Red Sea, restrictions on Panama Canal usage, and efforts
expended by the People's Republic of China to exert control over
maritime trade.
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, such as a 401(k) or pension plan.
Not Applicable.
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.
Not Applicable.
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 agency's designated agency
ethics official (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 DAEO and
that has been provided to this Committee. I am not aware of any other
potential conflicts of interest.
All of the investments owned by myself, or my wife are in publicly
available mutual funds.
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.
Not Applicable.
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 agency's designated agency
ethics official (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 DAEO and
that has been provided to this Committee. I am not aware of any other
potential conflicts of interest. Commission's regulations and
requirements governing conflicts of interest, and how they should be
addressed. I will abide by any agency, or general government standards,
governing conflicts of interest.
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.
Prior to assumption of my current five-year service period as
Federal Maritime Commissioner, I was involved in the business of
representing clients and their interests in the execution of
regulations and policies and legislation. During this five-year time
frame, I was less involved in lobbying Congress directly on
legislation, and more involved in issues at Federal agencies.
Prior to the ten-year time frame and since transitioning from
service as Senior Counsel on the Senate Committee on Commerce, Science
and Transportation in 2004, I had been involved in consulting and
lobbying for companies and Associations that were engaged in
transportation, infrastructure development, energy or chemical
regulation. I had also been involved on a more limited basis in
lobbying and consulting on immigration and environmental policy.
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, an Inspector General, professional association, disciplinary
committee, or other professional group? If yes:
a. Provide the name of court, 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.
Not Applicable.
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.
Yes, in 1990, after attending a college football game in
Greenville, North Carolina, Pitt County. I was arrested and convicted
of a DUI. I complied with the terms of my sentence, and since then,
other than minor traffic violations have had no further legal issues.
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. 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.
Yes. See Question #2 above.
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.
No further relevant information.
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 me1nbers in the minority? 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.
______
Carl W. Bentzel
Federal Maritime Commissioner
FMC Commissioner
Commissioner
December 2019 to Present
Confinned by the Senate and sworn in on December 9. After the onset of
the Pandemic, immediately went to work assessing the health of the
maritime industry and supply chain. Worked to establish maritime labor
as essential workers, streamlining prioritization for testing and
vaccinations for workforce. Identified the fluidity of containers as
chassis as key to a balanced supply chain and identifying in a
nationally recognized report that close to 100 percent of maritime
containers are manufactured in the PRC. Identified information and data
sharing as a key component for freight fluidity. Convened 18 pubJic
meetings with over 80 supply chain experts and issued a report on data
availability and transmission of information. The result was a Final
Recommendations and Views Repo11, released in April 2023 is currently
pending further Commission action. Adjudicated maritime regulatory
issues under the purview of the Federal Maritime Commission.
Principal
Bentzel Strategies L.L.C.
August 2016-November 2019
Established my own public policy consulting finn focused on policies
related to transportation, energy and other areas off ederally
regulated commercial and environmental law. Assess policy issues,
provide strategic advice, represent client interests on Capitol HiJl
and before foderal agencies, as well as helping clients develop third
party alliances. Areas of focus included introducing myself to
potential press opportunities in strategic areas of interest.
Partner
SB Capitol Solutions L.L.C.
June 2014-August 2016
Partnered with a smaller boutique public relations/lobbying shop
centrally located on Capitol Hill, primarily focused on transportation
issues. Helped to develop an active fundraising profile for the firm,
and re-brand the company.
Vice President
DCI Group L.L.C.
August 2004-June 2014
Led the lobbying division for the DCI Group. DCI Group is one of the
largest public relations/grassroots lobbying frrms in Washington D.C.,
and I provided political and legislative insight to the firm's larger
public relations efforts, as well as directly lobbying for DCI's
clients, and those clients developed on my own. Participated in the
creation and development of third-party coalitions. Worked to provide
government relations services for Fortune 50 companies, associations
and other entities. Focused on realizing the benefits of grassroots
activism and third-party coalition building supporting policy
initiatives on Capitol Hill or at Federal agencies.
Senior Counsel
Senate Committee on Commerce, Science and Transportation
January 1995-August 2004
Functioned as the primary legislative and policy counsel for the Senate
Subcommittee on Surface Transportation and Merchant Marine. Explicitly
assigned to provide legislative counsel and advice to Senators John
Breaux and Daniel Inouye. Was engaged, in the negotiation and passage
of all legislation on trucking, railroad, maritime, pipeline and
hazardous materials transpo1tation legislation, as well as homeland
security aspects of these modes of transportation. Spearheaded the
Committee's efforts to pass national standards for port security, and
an:international treaty on port security, and worked on organic
homeland security legislation. Handled Committee issues requiring
national security clearance.
Counsel/Counsel for Maritime Policy
House Committee on Merchant Marine and Fisheries
August 1990-December 1994
Hired to work as maritime counsel to work on implementation of the Oil
Pollution Act of 1990, and to cover all issues related to international
maritime shipping. After an internal Committee transition, was employed
inanexpanded role to cover all issues relatedto maritime policy,
including shipping and offshore oil and gas or other resource
development.
Education
Bachelor of Arts (B.A.), St. Lawrence University, 1985
Juris Doctor (J.D.), University of Alabama School of Law, 1989
Master's degree in law (L.L.M.) in Admiralty Law, 1990
Honors
Coast Guard's Medal for Meritorious Public Service
Maritime Security Council's Man of the Year Award
Publications
McGraw-Hill's Handbook on Homeland Security, pmt security chapter
``Assessment of P.R.C Control of Container and Intermodal Chassis
Manufacturing.'' March 2022
''Final Recommendations on the Maritime Transportation Data System
Requirements'' April 2023
The Chair. Thank you, Mr. Bentzel, and we will definitely
get to those very important FMC questions, and the Shipping
Reform Act, and many other things.
Mr. Chapman, welcome back, welcome back to the Committee.
Mr. Chapman. Thank you. Thank you.
The Chair. Thank you for your willingness to serve another
term.
STATEMENT OF HON. THOMAS B. CHAPMAN, NOMINEE TO BE A MEMBER,
NATIONAL TRANSPORTATION SAFETY BOARD
Mr. Chapman. Chair Cantwell and Ranking Member Cruz, thank
you very much for the opportunity to appear before you today. I
am honored to be nominated by the President to serve a second
term as a Member of the National Transportation Safety Board.
I very much appreciate the support of NTSB Board Chair,
Jennifer Homendy, who is here with us today. And I am grateful
to my remarkable colleagues at NTSB for all they do to promote
safety. My work as a board member has been a rewarding
opportunity to apply my experience and skills in a role
allowing me to give back through public service.
Before proceeding, I want to say a few words about the two
people most important to me, for an important reason I will
explain, neither of them were able to accompany me today. My
wife, Scotty O'Connell, is my partner, and my best friend, and
she has been for these past 38 years. Scotty is currently in
London with our amazing son, Patrick, helping him to settle
into what the British call ``a flat''. Next week, Patrick
begins his course of study in pursuit of a master's degree at
the London School of Economics, and his old mom and dad could
not be more proud.
Madam Chair, my more than four decades of experience, most
of it in the aviation industry, have prepared me well for the
tasks I find so fulfilling at NTSB. Throughout my career, I
have been deeply involved in an extensive range of issues,
often playing a key role in identifying and negotiating
resolutions. And in varying degrees, virtually every aspect of
aviation involves considerations of safety. Consequently, an
awareness and a sensitivity to a pervasive culture of safety is
embedded in my professional approach.
I have sought to bring that perspective to my work as a
board member in pursuit of the critical safety mission of the
NTSB. In addition to my experience, I 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 I 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. And I believe in
compromise. 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. Immediately prior
to joining NTSB, I was privileged to serve for 6 years on the
staff of the Senate Committee on Commerce, Science, and
Transportation. In 2014, I left the airline industry and joined
the Aviation Subcommittee staff in anticipation of the major
legislative effort required to reauthorize the Federal Aviation
Administration.
Throughout my years with the Committee, I worked
collaboratively with the bipartisan Senate team, and our
efforts contributed to the passage of various significant
legislative measures, including the FAA Extension, Safety, and
Security Act of 2016, and the FAA Reauthorization Act of 2018.
As an NTSB Board Member, I devote much of my attention to
traffic safety because that is where our greatest safety
challenges lie. I speak extensively on the Safe System approach
to traffic safety, pedestrian safety, alcohol and drug
impairment, and rail worker and highway-rail grade crossing
hazards. I am especially active on key initiatives to address
two stubbornly persistent challenges, that is alcohol-impaired
driving and excessive speed.
I am proud of the important public policy accomplishments
to which I have contributed, as a former member of the Commerce
Committee staff, and since joining the National Transportation
Safety Board. I welcome the prospect of building on those
efforts through additional service as a second-term member of
the NTSB.
That concludes my formal 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
Chair Cantwell and Ranking Member Cruz, thank you for the
opportunity to appear before you today. I am honored to be nominated by
the President to serve a second term as a Member of the National
Transportation Safety Board. And I am grateful to my remarkable
colleagues at NTSB for all they do to promote safety in transportation.
My work as a Board Member has been a rewarding opportunity to apply my
experience and skills in a role allowing me to give back through public
service.
Before proceeding, I want to say a few words about the two people
most important to me. For an important reason I will explain, neither
of them were able to accompany me today. My wife Scotty O'Connell is my
partner and best friend, and she has been for these past 38 years.
Scotty is currently in London with our amazing son Patrick, helping him
to settle in to what the British call a ``flat.'' Next week, Patrick
begins his course of study in pursuit of a Master's degree at the
London School of Economics. His old Mom & Dad couldn't be more proud.
Madam Chair, my more than four decades of experience, most of it in
the aviation industry, have prepared me well for the tasks I find so
fulfilling at NTSB. Throughout my career, 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. I have sought to bring
that perspective to my work as a Board Member, in pursuit of the
critical safety mission of the NTSB.
In addition to my experience, I 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. Immediately prior to joining NTSB, I was privileged to
serve for six years on the staff of the Senate Committee on Commerce,
Science, & Transportation. In 2014, I left the airline industry and
joined the Aviation Subcommittee staff in anticipation of the major
legislative effort required to reauthorize the Federal Aviation
Administration. Throughout my years with the Committee, I worked
collaboratively with the bipartisan Senate team. Our efforts
contributed to passage of various significant legislative measures,
including the FAA Extension, Safety, and Security Act of 2016 and the
FAA Reauthorization Act of 2018.
As an NTSB Board Member, I devote much of my attention to traffic
safety, because that is where our greatest safety challenges lie. I
speak extensively on the Safe System Approach to traffic safety,
pedestrian safety, alcohol and drug impairment, and rail worker and
highway-rail grade crossing hazards. I am especially active on key
initiatives to address two stubbornly persistent challenges--alcohol
impaired driving and excessive speed.
I am proud of the important public policy accomplishments to which
I have contributed as a former member of the Commerce Committee staff
and since joining the National Transportation Safety Board. I welcome
the prospect of building on those efforts through additional service as
a second-term member of the National Transportation Safety Board.
That concludes my formal 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 ofNomination: July 31, 2024.
4. Address (List current place ofresidence and office addresses):
Residence: Information not released to the public.
Office: National Transportation Safety Board, 490 L'Enfant
Plaza, Washington, DC 20594.
5. Date and Place of Birth: December 18, 1954; Denver, Colorado.
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).
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 the Air & Space Museum.
Proud parents of Patrick Thomas O'Connell Chapman, born May
31, 2002. Currently pursuing a Master's degree at the London
School of Economics. (Age 22)
7. List all college and graduate schools attended, whether or not
you were granted a degree by the institution. Provide the name of the
institution, the dates attended, the degree received, and the date of
the degree.
American University Washington College 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, including the job title,
name of employer, and inclusive dates of employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Board Member
National Transportation Safety Board
January 2020 to Present.
Serve as the 46th Member of the National Transportation Safety
Board.
Counsel
Senate Subcommittee on Aviation Operations, Safety, & Security
Committee on Commerce, Science, & Transportation
Senator Bill Nelson, Ranking Member
July 2014 to January 2020.
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 ensured 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.
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''
U.S. Airways. Newly established company resulted from 2005
merger of former U.S. 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--a company
priority. Efforts to promote consolidation helped build
foundation for successful agreement merging U.S. 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 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.
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 after 18 years of age.
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.
None to report other than those listed in response to Question No.
8, above.
12. Please list each membership you have had after 18 years of age
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 club
or 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. No.
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 $200 or more for the past ten years.
None to report.
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 formed a solid foundation for the FAA to
develop reasonable regulations applying to scenic air tours over
National Parks.
17. List each book, article, column, letter to the editor, Internet
blog posting, or other publication you have authored, individually or
with others. Include a link to each publication when possible. If a
link is not available, provide a digital copy of the publication when
available.
I am providing a link to the page on the NTSB website which lists
each of the blogs and podcasts I have generated during my time as a
member of the National Transportation Safety Board--
Blogs & Podcasts: https://safetycompass.wordpress.com/thomas-
chapman/
Prior to my term at NTSB. Through Internet research and a review of
my personal files, I was able to identify several articles published in
my name. In a separate file, I am providing a digital copy of each
article listed below.
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.
18. List all speeches, panel discussions, and presentations (e.g.,
PowerPoint) that you have given on topics relevant to the position for
which you have been nominated. Include a link to each publication when
possible. If a link is not available, provide a digital copy of the
speech or presentation when available.
I am providing a link to the page on the NTSB website which lists
each of the speeches I have delivered during my time as a member of the
National Transportation Safety Board--
Speeches:
https://www.ntsb.gov/Advocacy/Activities/Pages/
activities.aspx?BoardMember
Name=Thomas%20B.%20Chapman
I delivered few formal speeches during my career prior to becoming
an NTSB Board Member. I no longer have copies of those speeches, nor
was I able to find them via online searches. During those years, I
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.
19. List all public statements you have made during the past ten
years, including statements in news articles and radio and television
appearances, which are on topics relevant to the position for which you
have been nominated, including dates. Include a link to each statement
when possible. If a link is not available, provide a digital copy of
the statement when available.
As an NTSB Board member, it is my responsibility to participate in
formal Board meetings at which final accident investigation reports are
discussed and adopted or at which key evidence is sought relevant to a
pending investigation. Likewise, I regularly participate in and often
serve as the host for safety advocacy events sponsored by NTSB. I have
also recorded several public service announcements advocating NTSB's
position on key safety priorities. Finally, when I ``launch'' with our
investigators to the scene of a major transportation accident, an
important part of my role is to serve as the agency spokesperson in
media briefings conducted during the first few days of the
investigation.
These appearances are typically captured on video, and NTSB
maintains a YouTube channel on which most or all have been posted for
later viewing.
I am providing a link to the NTSB YouTube channel: https://
www.youtube.com/user/NTSBgov
In the wake of these video appearances, Board members are often
quoted in print media reporting on the topics discussed. This is
especially the case when I or a fellow Board member conduct a media
briefing in the early stages of an NTSB investigation of a major
transportation accident. Such instances are generally numerous and
difficult to track. For that reason, I am unable to provide a list of
news articles in which I have been quoted or radio or TV reports which
have included my recorded remarks.
Prior to my term at NTSB. For the period prior to my term at NTSB,
through Internet research and a review of my personal files, I was
unable to identify any other relevant public statements I made during
the past ten years.
20. List all 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 full name of an ``alias'' or ``handle'',
including the complete URL and username with hyperlinks, 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.
@tbchapman01
https://www.instagram.com/tbchapman01/
21. 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.
I am providing a link to the page on the NTSB website which lists
all of the congressional and state legislative testimony I have
delivered during my time as a member of the National Transportation
Safety Board--
Testimony:
https://www.ntsb.gov/news/Testimony/Pages/
testimony.aspx?BoardMember
Name=Thomas%20B.%20Chapman
Prior to my term at NTSB. I testified before the Senate Commerce
Committee at my first confirmation hearing on December 11, 2019.
To the best of my recollection, I testified before Congress on two
previous 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.
22. 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 a second term as a Member of
the National Transportation Safety Board. My work as a Board Member has
been a rewarding opportunity to apply my experience and skills in a
role allowing me to give back through public service.
My more than four decades of experience, most of it in the aviation
industry, have prepared me well for the task. Throughout my career, 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.
I have sought to bring that perspective to my work as a Board Member,
in pursuit of the critical safety mission of the NTSB.
In addition to my experience, I 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.
Immediately prior to joining NTSB, I was privileged to serve for
six years on the staff of the Senate Committee on Commerce, Science, &
Transportation. Throughout my years with the Committee, I worked
collaboratively with the bipartisan Senate team. Our efforts
contributed to passage of various significant legislative measures,
including the FAA Extension, Safety, and Security Act of 2016 and the
FAA Reauthorization Act of 2018.
As an NTSB Board Member, I devote much of my attention to traffic
safety, because that is where our greatest safety challenges lie. I am
especially active on key initiatives to address two stubbornly
persistent challenges--alcohol impaired driving and excessive speed.
I am proud of the important accomplishments to which I have
contributed as a member of the Commerce Committee staff and since
joining the National Transportation Safety Board. I welcome the
prospect of building on those efforts through additional public service
as a second-term member of the National Transportation Safety Board.
23. 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 continue to 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 led
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 look forward to applying my management experience and skills to
help ensure the continuing success and effectiveness of the world's
premier transportation safety agency.
24. What do you believe to be the top three challenges facing the
department/agency, and why?
My views regarding the top challenges facing NTSB have remained
consistent since I was first nominated to serve as a Board member in
2019. With the benefit of my several years of tenured service, I
believe the agency is responding appropriately to meeting these
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 appropriate
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 safety 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, such as a 401(k) or pension plan.
Pursuant to an Executive Change in Control & Severance Benefits
Agreement with U.S. Airways Group, Inc. & U.S. Airways, Inc., my family
and I receive lifetime flight privileges on American Airlines.
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 to report.
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 enclosed. These
commitments constitute my ethics agreement as identified in the ethics
regulations.
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
enclosed.
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. I am not aware of any other potential
conflicts of interest.
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.
From July 2014 to January 2020, served continuously as
Counsel to the Senate Subcommittee on Aviation Operations,
Safety, & Security.
From January 2020 to the present, have served continuously
as a Member of the National Transportation Safety Board.
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, an Inspector General, professional association, disciplinary
committee, or other professional group? If yes:
a. Provide the name of court, 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.
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 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. 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 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? 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.
______
THOMAS B. CHAPMAN
PROFESSIONAL IDSTORY
Board Member
National Transportation Safety Board
January 2020 to Present
Serves as the 46th Member of the National Transpo1iation Safety Board.
Speaks extensively on the Safe System Approach to traffic safety,
pedestrian safety, alcohol and drng impai1ment, and rail worker and
highway-rail grade crossing hazards. Active on key initiatives to
address two stubbornly persistent safety challenges--alcohol impaired
driving and excessive speed. Leading advocate for requi1ing all new
vehicles be equipped with passive vehicle-integrated alcohol impaiiment
detection systems or advanced driver monitoring systems capable of
detecting driver impai1ment by alcohol. Regularly promotes NTSB's
recommendation that states establish a per se Blood Alcohol
Concentration limit of .05 or lower. Also advocates requii·ing
all new vehicles be equipped with Intelligent Speed Assistance systems
that, at a minimum, warn the driver when the vehicle exceeds the speed
limit.
Counsel
Senate Subcommittee on Aviation Operations, Safety, & Security
Committee on Commerce, Science, & Transportation
Senator Bill Nelson, Ranking Member
July 2014 to January 2020.
Joined Aviation Subcommittee staff in anticipation of legislative
effort to reauthorize the Federal Aviation Administration. Worked
collaboratively with bipa1iisan 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-te1m,
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 bipa1iisan basis ensured
long-te1m stability and various impo1iant refo1ms ofthe FAA. It also
reauthorized and refonned the Transpo1iation 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'' U.S.
Airways. Newly established company resulted from 2005 merger of former
U.S. 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--a company priority. Efforts to
promote consolidation helped build foundation for successful agreement
merging U.S. 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 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.
EDUCATION
American University Washington College 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'').
Proud parents of Patrick Thomas O'Connell Chapman, born May
31, 2002.
______
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
______
AOPA
ELECTION '94
AVIATION'S POLITICAL SPECTRUM
February 1, 1994
AOPA allies from coast to coast. During the months leading up to the
November election, AOPA Legislative Action has profiled prominent
congressional candidates up for election who are especially strong
allies of general aviation.
AOPA allies from coast to coast.
During the months leading up to the November election, AOPA
Legislative Action has profiled prominent congressional candidates up
for election who are especially strong allies of general aviation.
With the election just weeks away, however, it is appropriate to
make pilots aware of all the candidates who have received the support
of the AOPA Political Action Committee. AOPA-PAC is one of the largest
and most effective candidate support organizations in the country, and
the PAC is a valuable tool in our lobbying efforts on behalf of general
aviation.
As you review the list of candidates on the next few pages. you may
be surprised to find the names of men and woman representing nearly
every point on the political spectrum--conservatives and Liberals,
Republicans and Democrats. The list contains approximately 130 names,
divided nearly evenly between the two political parties. Many are
welcome newcomers. Others are well-known Leaders who have dedicated
productive and distinguished careers to public service.
You may agree or disagree with some of these individuals when it
comes to other important issues of the day. But if the subject is
general aviation. you'll find that everyone on the List has
demonstrated support in one way or another. Some more than others, to
be sure. The List tends to change somewhat from election to election,
reflecting the inevitable shifts in our network of congressional
contacts. But, in total, these are the people who have consistently
shown that they understand the important contributions of general
aviation.
As you review the list. keep in mind the factors which influence
whether AOPA-PAC will support a specific candidate. First, those who
are general aviation pilots obviously receive serious consideration
because of their demonstrated interest and familiarity with aviation
issues.
Second, you'll notice that members of several specific
congressional committees tend to be among those who have earned PAC
support. These are the so-called ``committees ofjurisdiction·--
the committees which have responsibility for matters affecting general
aviation. In the House, these important committees are the full
Committee on Public Works and Transportation and its subcommittee on
aviation, and also the Committee on Science, Space, and Technology and
its subcommittee on technology, environment, and aviation. The Public
Works Committee has broad responsibility over most aviation issues,
while the Science Committee has more limited jurisdiction over the
FAA's research programs.
In the Senate, most aviation matters come within the jurisdiction
of the Committee on Commerce, Science, and Transportation and its
subcommittee on aviation. And in both the House and Senate, the
appropriations committees play a key role by determining the spending
priorities for Federal dollars allocated to aviation programs. The
FAA's annual budget is crafted by the transportation appropriations
subcommittees of both the House and Senate, and several of the members
of these two powerful subcommittees are among those with whom we work
most closely.
Finally, a host of other factors may influence whether a candidate
receives support--such as assistance provided as a member of the
congressional leadership or as a member of other important committees,
including the Ways and Means Committee or the House Rules Committee
(which controls the flow of legislation to the House floor). But all of
these candidates have one thing in common: each has demonstrated an
understanding of the importance of general aviation.
With these factors in mind, here are the candidates who have earned
AOPA-PAC support in 1994.--Thomas B. Chapman, Vice President Executive
Director, AOPA Legislative Action
ALABAMA
Representative Sonny Callahan (R)--Energy and Commerce
Committee member, helpful with environmental issues.
Representative Bud Cramer (D)--Member of both Public Works
and Science committees.
ALASKA
Representative Don Young (R)--Established AOPA supporter.
ARIZONA
Representative Jon Kyl (R)--Established AOPA supporter,
running for Senate.
ARKANSAS
Representative Tim Hutchinson (R)-Public Works Committee
member.
CALIFORNIA
Representative Bill Baker (R)--Member of both Public Works
and Science committees.
Representative George E. Brown (D)--Chairman of Science
Committee.
Representative Randy Cunningham (R)--AOPA member and pilot.
established AOPA supporter.
Representative Bob Filner (D)--Public Works Committee
member.
Representative Dan Hamburg (D)--Public Works Committee
member.
Representative Steve Horn (R)--Aviation subcommittee member.
Representative Jay C. Kim (R)--Aviation subcommittee member.
Representative Howard McKeon (R)--Aviation subcommittee
member.
Representative Norman V. Mineta (D)--Chairman of Public
Works Committee, former chairman of aviation subcommittee,
established AOPA supporter.
Representative Ron Packard (R)--Appropriations Committee
member, former aviation subcommittee member, established AOPA
supporter.
COLORADO
Representative David E. Skaggs (D)--Appropriations Committee
member, former aviation subcommittee member, established AOPA
supporter.
CONNECTICUT
No candidates in 1994.
DELAWARE
No candidates in 1994.
FLORIDA
Representative Corrine Brown (D)--Aviation subcommittee
member.
Representative John L. Mica (R)--Aviation subcommittee
member.
Representative Douglas Peterson (D)--Pilot established AOPA
supporter.
GEORGIA
Representative Mac Collins (R)--Aviation subcommittee
member.
Representative Nathan Deal (D)--Member of both Public Works
and Science committees.
Representative Newt Gingrich (R)--Former ranking Republican
on aviation subcommittee, member of House Republican Leadership
(minority whip), established AOPA supporter.
Representative John Lewis (D)--Ways and Means Committee
member, former aviation subcommittee member, member of House
Democratic Leadership (chief deputy whip).
HAWAII
No candidates in 1994.
IDAHO
No candidates in 1994.
ILLINOIS
Representative Jerry F. Costello (D)--Aviation subcommittee
member.
Representative Richard J. Durbin (D)--Pilot, transportation
appropriations subcommittee member.
Representative Thomas W. Ewing (R)--Aviation subcommittee
member.
Representative William O. Lipinski (D)--Aviation
subcommittee member.
INDIANA
Representative Dan Burton (R)--Established AOPA supporter.
IOWA
Representative Jim Lightfoot (R)--AOPA member and pilot.
Appropriations Committee member, former aviation subcommittee
member, established AOPA supporter.
KANSAS
Representative Dan Glickman (D)--Cochairman of Congressional
Aviation Forum, member of technology, environment, and aviation
subcommittee, leading proponent of product liability reform,
established AOPA supporter.
KENTUCKY
Representative Jim Bunning (R)--Ways and Means Committee
member.
LOUISIANA
Representative Jimmy Hayes (D)--Aviation subcommittee
member.
MAINE
No candidates in 1994.
MARYLAND
Senator Paul S. Sarbanes (D)--Established AOPA supporter.
Representative Benjamin L Cardin (D)--Ways and Means
Committee member.
Representative Wayne T. Gilchrest (R)--Aviation subcommittee
member.
Representative Steny H. Hoyer (D)--Appropriations Committee
member, member of House Democratic leadership (caucus
chairman).
Representative Constance Morella (R)--Member of technology,
environment, and aviation subcommittee.
MASSACHUSETTS
Representative Peter I. Blute (R)--Member of both Public
Works and Science committees.
Representative Joseph Moakley (D)--Chairman of Rules
Committee.
Representative John W. Olver (D)--Appropriations Committee
member.
MICHIGAN
Representative Bob Carr (D)--AOPA member and pilot. chairman
of transportation appropriations subcommittee, established AOPA
supporter, running for Senate.
Representative James A. Barcia (D)--Public Works Committee
member.
Representative David E. Bonier (D)--Member of House
Democratic leadership (majority whip).
Representative John D. Dingell (D)--Chairman of Energy and
Commerce Committee, helpful with product liability and
environmental issues.
Representative Vern Ehlers (R)--Aviation subcommittee
member.
Representative Peter Hoekstra (R)--Public Works Committee
member.
Representative Dale E. Kildee (D)--Established AOPA
supporter.
Representative Fred Upton (R)--Former aviation subcommittee
member, member of Energy and Commerce Committee.
MINNESOTA
Representative James L. Oberstar (D)--Chairman of aviation
subcommittee, established AOPA supporter.
Representative Collin C. Peterson (D)--AOPA member and
pilot, chairman of government operations subcommittee on
employment. housing, and aviation, established AOPA supporter.
Representative Martin 0. Sabo (D)--Transportation
appropriations subcommittee member, chairman of Budget
Committee.
MISSISSIPPI
Senator Trent Lott (R)--Member of Commerce, Science, and
Transportation Committee. established AOPA supporter.
Representative Mike Parker (D)--AOPA member and pilot.
aviation subcommittee member, established AOPA supporter.
MISSOURI
Representative Patricia Danner (D)--Aviation subcommittee
member.
Representative Bill Emerson (R)--Aviation subcommittee
member.
Representative Richard A. Gephardt (D)--House majority
leader.
Representative Mel Hancock (R)--AOPA member and pilot, Ways
and Means Committee member, former aviation subcommittee
member, established AOPA supporter.
Representative Alan Wheat (D)--Rules Committee member,
established AOPA supporter, running for Senate.
MONTANA
Senator Conrad Burns (R)--Member of both Appropriations and
Commerce, Science, and Transportation committees, established
AOPA supporter.
NEBRASKA
Senator Robert Kerrey (D)--Appropriations Committee member,
established AOPA supporter.
Representative Bill Barrett (R)--Pilot, established AOPA
supporter.
NEVADA
Senator Richard Bryan (D)--Aviation subcommittee member,
established AOPA supporter.
Representative Barbara F. Vucanovich (R)--Pilot, established
AOPA supporter.
NEW HAMPSHIRE
Representative Dick Swett (D)--Aviation subcommittee member.
Representative Bill Zeliff (R)--Public Works Committee
member.
NEW JERSEY