[Senate Hearing 107-934]
[From the U.S. Government Publishing Office]
S. Hrg. 107-934
NOMINATIONS OF JOHN HAMMERSCHMIDT TO BE
A MEMBER OF THE NATIONAL
TRANSPORTATION SAFETY BOARD; JEFFREY RUNGE TO BE ADMINISTRATOR OF
THE NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION; NANCY VICTORY TO BE
ASSISTANT SECRETARY OF COMMERCE FOR COMMUNICATIONS AND INFORMATION; AND
OTTO WOLFF TO BE ASSISTANT SECRETARY OF COMMERCE AND CHIEF FINANCIAL
OFFICER
=======================================================================
HEARING
BEFORE THE
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED SEVENTH CONGRESS
FIRST SESSION
__________
WEDNESDAY, AUGUST 1, 2001
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
87-006 U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2003
____________________________________________________________________________
For Sale by the Superintendent of Documents, U.S. Government Printing Office
Internet: bookstore.gpr.gov Phone: toll free (866) 512-1800; (202) 512�091800
Fax: (202) 512�092250 Mail: Stop SSOP, Washington, DC 20402�090001
COMMITTEE ON COMMERCE, SCIENCE AND TRANSPORTATION
ONE HUNDRED SEVENTH CONGRESS
FIRST SESSION
ERNEST F. HOLLINGS, South Carolina, Chairman
DANIEL K. INOUYE, Hawaii JOHN McCAIN, Arizona
JOHN D. ROCKEFELLER IV, West TED STEVENS, Alaska
Virginia CONRAD BURNS, Montana
JOHN F. KERRY, Massachusetts TRENT LOTT, Mississippi
JOHN B. BREAUX, Louisiana KAY BAILEY HUTCHISON, Texas
BYRON L. DORGAN, North Dakota OLYMPIA J. SNOWE, Maine
RON WYDEN, Oregon SAM BROWNBACK, Kansas
MAX CLELAND, Georgia GORDON SMITH, Oregon
BARBARA BOXER, California PETER G. FITZGERALD, Illinois
JOHN EDWARDS, North Carolina JOHN ENSIGN, Nevada
JEAN CARNAHAN, Missouri GEORGE ALLEN, Virginia
BILL NELSON, Florida
Kevin D. Kayes, Democratic Staff Director
Moses Boyd, Democratic Chief Counsel
Mark Buse, Republican Staff Director
Jeanne Bumpus, Republican General Counsel
C O N T E N T S
----------
Page
Hearing held on August 1, 2001................................... 1
Statement of Senator Allen....................................... 2
Statement of Senator Burns....................................... 4
Statement of Senator Dorgan...................................... 1
Witnesses
Hammerschmidt, John, Member, renominated to be a Member of the
National Transportation Safety Board........................... 33
Biographical information..................................... 33
Helms, Hon. Jesse, prepared statement............................ 4
Myrick, Congresswoman Sue, U.S. Representative from North
Carolina....................................................... 2
Runge, Jeffrey W., M.D., nominee to be Administrator of the
National Highway Traffic Safety Administration................. 5
Prepared statement........................................... 6
Biographical information..................................... 7
Victory, Nancy, Nominee to be Assistant Secretary of Commerce for
Communications and Information................................. 18
Prepared statement........................................... 19
Biographical information..................................... 20
Wolff, Otto, nominee to be Assistant Secretary of Commerce and
Chief Financial Officer........................................ 25
Prepared statement........................................... 26
Biographical information..................................... 27
Additional Material Submitted for the Record
Runge, Jeffrey W., M.D.:
Response to written questions submitted by Hon. John McCain.. 59
Response to written questions submitted by Hon. Olympia Snowe 62
NOMINATIONS OF JOHN HAMMERSCHMIDT
TO BE A MEMBER OF THE NATIONAL TRANSPORTATION SAFETY BOARD;
JEFFREY RUNGE TO BE ADMINISTRATOR OF THE NATIONAL HIGHWAY TRAFFIC
SAFETY ADMINISTRATION; NANCY VICTORY TO BE ASSISTANT SECRETARY OF
COMMERCE FOR COMMUNICATIONS AND INFORMATION; AND OTTO WOLFF TO BE
ASSISTANT SECRETARY OF COMMERCE AND CHIEF FINANCIAL OFFICER
----------
WEDNESDAY, AUGUST 1, 2001
U.S. Senate,
Committee on Commerce, Science,
and Transportation,
Washington, DC
The Committee was called to order at 2:30 p.m., Hon. Byron
L. Dorgan, Chairman of the Subcommittee on Consumer Affairs,
Foreign Commerce and Tourism, presiding.
OPENING STATEMENT OF HON. BYRON L. DORGAN,
U.S. SENATOR FROM NORTH DAKOTA
The Chairman. I call this hearing to order. Good afternoon,
and we welcome Congresswoman Myrick. We have today nominees for
four positions, two in the U.S. Department of Transportation
and two in the U.S. Department of Commerce. All of these are
very important nominations, and from my perspective, they are
all good nominations that we welcome and nominations
represented by men and women who I think will serve our country
well.
We will hear the nomination for Dr. Runge, who has been
nominated for the position to be Administrator of the National
Highway Traffic Safety Administration; Nancy Victory to be
Assistant Secretary of Commerce for Communications and
Information; Otto Wolff to be Assistant Secretary of Commerce
for Administration and Chief Financial Officer; and John
Hammerschmidt, renominated to be a Member of the National
Transportation Safety Board.
With your permission, Congresswoman Myrick, I would like to
ask the nominees to come forward, and then I am going to ask
you to introduce Dr. Runge and then my colleague, Senator
Allen, will, I believe, be here to introduce Nancy Victory. If
I might ask the four nominees to come forward and we will add
one additional chair. I thank you all very much.
I am going to ask Congresswoman Myrick to give her comments
and then if Senator Allen is here, I will ask for his comments.
Following that, we will then hear statements from the four
nominees. Senator Allen is now with us. Senator Allen, I was
just indicating that we will hear comments from Congresswoman
Myrick, who is here to introduce Dr. Runge. Following that, I
would call on you to provide comments of introduction for Nancy
Victory, and then we will proceed to hear the statements of the
nominees.
So, Congresswoman Myrick, thank you very much. We are
delighted you are here. Please proceed.
STATEMENT OF CONGRESSWOMAN SUE MYRICK,
U.S. REPRESENTATIVE FROM NORTH CAROLINA
Congresswoman Myrick. Thank you. I am very proud to be
here, and I appreciate this opportunity to introduce Dr. Jeff
Runge. He is nominated to be Administrator for the National
Highway Traffic Administration. I have known him for years, and
I wholeheartedly support his confirmation. His expertise in the
area of motor vehicle injury care is really superb, and it does
seem a perfect fit for this job.
His years as an emergency room physician at Carolinas
Medical Center in Charlotte, North Carolina, has very much
prepared him for this because they see approximately 10,000
motor vehicle injury-related cases a year, and so he has become
an expert in injury control. He has worked extensively to
organize programs in North Carolina in the field of injury
prevention, by securing grants for research and also serving on
various boards in North Carolina from the North Carolina
Governor's traffic safety program through the University of
South Carolina highway safety research center. He has also
contributed his knowledge in the area of helmet use, and child
safety. In 1998, he played a very large role in developing the
largest legislative package in the State of North Carolina to
combat impaired driving. He was a fellow at the National
Highway Traffic Safety Administration in 1996, and he worked
closely when there with the highway safety advocates on a
national level. His achievements and his knowledge in the area
of traffic safety make him a highly qualified nominee. Mr.
Chairman, I thank you again for this opportunity.
The Chairman. Congresswoman Myrick, thank you very much.
You are welcome to stay, but I know that you have pressing
business in the U.S. House of Representatives.
Congresswoman Myrick. We have some votes coming up. You
know how that is.
The Chairman. I do, indeed. Thank you very much for joining
us. Next, let me call on Senator Allen, who will give an
introduction to Nancy Victory, then I will hear statements.
After that, I will call on my colleague, Conrad Burns, and see
if he has a statement.
STATEMENT OF HON. GEORGE ALLEN,
U.S. SENATOR FROM VIRGINIA
Senator Allen. Thank you, Mr. Chairman, and thank you
especially for having this hearing for these important
nominees. It is my special pleasure to introduce to our
committee Nancy Victory as the President's nominee for the post
of Assistant Secretary for Communications and Information in
the U.S. Department of Commerce.
Not only is Nancy a tremendously qualified to lead this
important office within the Department of Commerce. I note here
it says maybe she puts in that many hours at Wiley, Rein &
Fielding, and she is a resident of the Commonwealth of
Virginia, and has been for 7 years, and we are very proud to
have her as a resident of the Commonwealth of Virginia. She
taught at Georgetown or went to law school at Georgetown
University, graduated cum laude. She has experience and
knowledge garnered in the private sector dealing with a great
number of technology issues which I think makes her an ideal
choice to be the President's principal voice on domestic and
international telecommunications and information technology
issues.
Yesterday, we had a hearing, very important hearing, on the
issue of trying to find additional spectrum for the ever-
increasing demand for new wireless services, especially third
generation or 3G. The National Telecommunications and
Information Administration, or NTIA, which Nancy will head, is
an essential player in meeting these very truly important
missions since the agency is responsible for managing the
Federal Government's use of the radio frequency spectrum.
The efforts of NTIA, the Federal Communications Commission,
the Department of Defense, and all the private sector
interests, as we witnessed yesterday will significantly impact
short-term and long-term policies related to truly one of
America's most vital economic and national security interests.
Nancy Victory is uniquely qualified to serve as the Assistant
Secretary of NTIA, given her 12 years plus of experience
covering spectrum issues in particular.
As a partner with the law firm of Wiley, Rein & Fielding,
Ms. Victory gained a great deal of expertise in wireless and
satellite issues, including spectrum allocation, licensing, and
compliance. And I have met Nancy on several occasions over the
years, and I feel very strongly that with her experience and
her knowledge, I am convinced she will be a tremendous asset to
our country's technological advancements. I know she will bring
all those years of experience and hard work on the very
difficult and relevant telecommunications issues that we face
today in her role as Assistant Secretary.
I also can say with great confidence that she is a woman of
outstanding character and I have no doubt she will serve our
country with integrity and will certainly meet the needs of all
Americans, consumers, as well as our telecommunications
enterprises alike. So in closing, I hope the Committee will
move quickly on her nomination so she can get to work on these
important issues for the competitive advantage of our country
in the years to come. Thank you, Mr. Chairman.
The Chairman. Senator Allen, thank you very much.
Senator Burns.
STATEMENT OF HON. CONRAD BURNS,
U.S. SENATOR FROM MONTANA
Senator Burns. Mr. Chairman, I have a short statement. I am
very happy that Ms. Victory is here today. Welcome, and I have
been most interested in filling that position at the Commerce
Department for quite a while. NTIA, I believe, is one of the
most important seats there is down there, and to have someone
of your capability, your leadership is really good. I am
looking forward to working with you.
Yesterday we had our first hearing on spectrum and spectrum
reform and, of course, with the 3G, third generation wireless
upon us now, your position becomes very, very important, so we
are looking forward to working with you as we wander down that
path to spectrum reform and management reform. So welcome today
and I support you wholeheartedly. Thank you, Mr. Chairman.
The Chairman. Senator Burns, thank you very much. I am
going to ask consent to include a statement in the record from
Senator Helms in addition to the statement made by the
Congresswoman a few minutes ago in support of the nomination of
Dr. Jeffrey Runge.
[The prepared statement of Senator Helms follows:]
Prepared Statement of Senator Jesse Helms
Mr. Chairman and members of the committee, I regret that a
previously scheduled hearing forbids my formally presenting Dr. Jeffrey
Runge of North Carolina to this committee, but it's nonetheless an
honor to make clear my strong support of this distinguished nominee to
this significant position.
President Bush's wise decision to nominate Dr. Jeffrey Runge as
Administrator of the National Highway Safety Administration comes at a
critical time for our nation's transportation system. The events of
recent months have highlighted the importance of having a competent and
sound team at NHTSA. Dr. Runge is the ideal nominee to head this
critical Federal agency inasmuch as he is a highly regarded emergency
physician in Charlotte who has extensive experience in national highway
safety issues.
Mr. Chairman, he is respected among his peers across the country as
a leader in developing programs that are helping to reduce the number
of driving while impaired cases. Dr. Runge developed the Safe
Communities Program in Mecklenburg County now a model national program.
It should be noted that North Carolina has some of the strongest
traffic safety laws in the country--and ours are among the safest
highways as well.
In North Carolina Dr. Runge has served on the Governor's Task Force
on DWI, the Governor's Highway Safety Program and countless other civic
organizations in the Charlotte area. In his spare time he is the
Director of the Carolinas Center for Injury Prevention & Control at the
Carolinas Medical Center--one of the major healthcare facilities in
North Carolina.
It's important to have an administrator who has extensive
experience in traffic injury control and one who is recognized
nationally as a leader in the field. Dr. Runge will serve this
Administration and all Americans with distinction and it is a genuine
pleasure to unhesitatingly and enthusiastically support his nomination.
Thank you, Mr. Chairman.
The Chairman. Let me begin on this side and Dr. Runge, is
it Runge--it is, is not it?
Dr. Runge. Yes, sir.
The Chairman. Dr. Runge, thank you very much for being
here. I indicated at the start that I think the President has
chosen well. I intend to support all of these nominees. It is
the intention, I believe, of the Committee to report these
nominees out tomorrow. We will have a Committee markup
tomorrow, and I think all of the nominations will be on that
markup. But we are appreciative of all of you being here.
Dr. Runge, if before you proceed you want to introduce any
members of your family who have accompanied you, please do so.
Dr. Runge. Thank you, Mr. Chairman. I would like to
introduce my wife, Ginny, behind me, and my two big brothers,
Richard, a Lutheran pastor in Charlotte and my brother Skip,
who is a family therapist in Georgetown, South Carolina.
The Chairman. Welcome. Thank you very much for being here.
Senator Burns. Watch them lizards.
The Chairman. Dr. Runge, just ignore that if you would. It
is a Montana statement.
Dr. Runge. I understand that.
The Chairman. Dr. Runge, why do not you proceed and we will
certainly incorporate your entire statement in the record. You
may summarize if you wish.
STATEMENT OF JEFFREY RUNGE, M.D., NOMINEE TO BE
ADMINISTRATOR OF THE NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION
Dr. Runge. I am very honored to appear before you this
afternoon as you consider my nomination to become Administrator
of the National Highway Traffic Safety Administration. Should
you confirm my nomination, I look forward to working with each
of you to protect the citizens of our Nation from the epidemic
of motor vehicle injury. I must tell you that my decision to
move from a comfortable academic practice in one of our
nation's top centers for emergency medicine to become part of
this Administration was simply one of duty, honor and service
to country and mankind. Those were the values that I revere,
and I will use them as a compass as I pursue my duties as
Administrator should you confirm me.
It has been a difficult decision to leave the direct care
of patients, and I do so only because I believe that I could
make a larger difference in the health of people from this
position than I can one patient at a time. I am grateful to my
family, to my parents and my siblings for their lives of
servanthood of which I am both humbled and proud.
As a physician, I have dedicated my professional life to
the reduction of human suffering through clinical practice,
research and education in emergency medicine and trauma care,
and throughout my career, I have been engaged in the study of
traffic injury control. I have been active in supporting sound
laws and regulations and their enforcement, and have been an
activist and spokesperson at the State and national levels for
educational, legal, and engineering solutions to the enormous
public health problem of traffic injuries.
In my day-to-day clinical practice, I have tried in earnest
to affect one life at a time by counseling patients on safe
driving and seatbelt use, encouraging parents to use
appropriate child restraints and by doing alcohol screening and
intervention on patients at risk for driving while impaired.
While this type of one-on-one effort is needed, substantial
gains will only be made by large scale public education, policy
development and by ensuring that our vehicles are as safe as
humanly possible. Serving as head of NHTSA is, therefore, the
ultimate opportunity to engage in traffic intervention and
control on the largest possible scale. To give highway traffic
injury the priority it deserves in our country will require
strong, unswerving leadership, and I pledge to you that I will
give all my energy and passion to provide that type of
leadership that will bring about a reduction in the risk to
Americans posed by the disease of traffic injury.
Congress passed a law as it gave the agency its safety
mission, and I welcome your active oversight of this important
issue. I will, therefore, pledge to the Committee to make sure
you are kept abreast of our progress to the greatest possible
extent, and consider it a privilege to meet regularly with you
to address the concerns of your constituents. By whatever route
we take, we all want to end up in the same place, a safer
America, and we can make that happen. I am very appreciative of
your time and consideration of my nomination, sir. Thank you.
[The prepared statement and biographical information of Dr.
Runge follow:]
Prepared Statement of Jeffrey William Runge, MD
Mr. Chairman and Members of the Committee, I am honored to appear
before you this afternoon as you consider my nomination to become the
administrator of the National Highway Traffic Safety Administration.
Should you confirm my nomination, I look forward with great
anticipation to working closely with each of you to protect the
citizens of this country from the epidemic of motor vehicle crash
injury.
My decision to move from a comfortable academic practice in one of
our nation's top centers for emergency medicine to become part of this
administration was, simply, one of duty, honor, and service to our
country and my fellow man. Those are values I revere, and would use as
a compass as I pursue my duties as administrator. It has been a very
difficult personal decision to leave the direct care of patients, and I
do so only because I believe that I can make a larger difference in the
health of people in this position than I can one patient at a time. I
am grateful to my wife Ginny and to my two teenage children, Emily and
Will, for their willingness to uproot our home to come to Washington to
pursue this mission. I am grateful for the example of my parents and my
siblings for their lives of servant hood, of which I am both humbled
and proud. My two brothers, Richard, a Lutheran pastor, and Skip, a
family counselor, are here today to give me their support as they have
done my whole life.
I have dedicated my professional life to the reduction of human
suffering through clinical practice, research, and education in
emergency medicine and trauma care. Throughout my career, I have been
engaged in the study of traffic injury control. I have been active in
supporting sound laws and regulations and their enforcement, and have
been an activist and spokesperson at the State and national levels for
educational, legal, and engineering solutions to the enormous public
health problem of traffic injury.
In my day-to-day clinical practice, I have tried in earnest to
affect one life at a time by counseling patients on safe driving and
seat belt use, encouraging parents to use appropriate child restraints,
and by doing alcohol screening and intervention on patients at risk for
driving while impaired. While this type of one-on-one effort is needed,
substantial gains will be made only through large-scale public
education, policy development, and by ensuring that our vehicles are as
safe as humanly possible. Serving as head of the National Highway
Traffic Safety Administration is, therefore, the ultimate opportunity
to engage in traffic injury prevention and control on the largest
possible scale.
The agency has a statutory duty to provide science-based regulation
of the automotive industry, a duty that I am committed to carrying out.
I am also committed to bringing into focus for the American people the
fact that traffic injury is a disease that requires the cooperation of
every American citizen to control it. It is the leading killer of
children over age 3 years and of adults to age 33. It can and must be
controlled in the same way we have controlled infectious diseases in
this country. This disease will claim over 40,000 lives in the United
States next year, will send over 3 million of our citizens to the
emergency department, which will result in 300,000 hospitalizations.
Many of those who survive their injuries will experience some degree of
disability that will limit their productivity and quality of life. Any
other disease with this prevalence in the population would become a
national priority of the highest order in which every citizen would
participate. To give highway traffic injury the priority it deserves
will require strong, unswerving leadership. I pledge to you that I will
give every effort to provide the type of leadership that will bring
about a reduction in the risk to Americans posed by the disease of
traffic injury.
Every segment of our society depends on transportation for
commerce, subsistence, and socialization, and therefore every citizen
of the United States is a stakeholder in this issue. Everyone must,
therefore, be involved in the solution to the problem. Safe movement on
the highways is an issue of personal and social responsibility, and we
must foster that cultural change. Safe, sober, and responsible driving
is a societal duty of every citizen. At the same time, their vehicles
must be designed and manufactured to be as safe as they can be so that
crashes can be avoided and injury can be mitigated when crashes do
occur.
Congress passed the laws that gave the agency its safety mission,
and I welcome your active oversight of this important issue. I would
therefore pledge to the Committee to make sure you are kept abreast of
our progress to the greatest possible extent, and consider it a
privilege to meet regularly with you to address the concerns of your
constituents. By whatever route we take, we all want to end up in the
same place, a safer America. Together we can and will make that happen.
I am very appreciative of your time and your consideration of my
nomination.
______
A. BIOGRAPHICAL INFORMATION
1. Name: Jeffrey William Runge.
2. Position to which nominated: Administrator, National Highway
Traffic Safety Administration.
3. Date of nomination: June 25, 2001.
4. Address: Office: Department of Emergency Medicine, Carolinas
Medical Center, P.O. Box 32861, Charlotte, NC 28232-2861; Home: 7320
Governors Hill Lane, Charlotte, NC 28211-5016.
5. Date and place of birth: October 20, 1955, Charlotte, NC.
6. Marital status: Married to Virginia Deck Runge, June 13, 1981.
7. Names and ages of children: Emily Catherine Runge, 17; William
Edgar Runge, 14.
8. Education: Residency-Emergency Medicine, Charlotte Memorial
Hospital & Medical Center, Charlotte, North Carolina 1982-1984;
Internship-Emergency Medicine, Charlotte Memorial Hospital & Medical
Center, Charlotte, North Carolina 1981-1982; Doctor of Medicine,
Medical University of South Carolina, Charleston, South Carolina 1977-
1981; Bachelor of Arts (Magna Cum Laude), The University of the South,
Sewanee, Tennessee 1973-1977; Emergency Medical Technician, Nashville,
Tennessee 1974; Middleton High School, Charleston, SC 1970-1973.
9. Employment record: Faculty Physician, Department of Emergency
Medicine, Carolinas Medical Center, Charlotte, North Carolina 1984-
Present; Internship and Residency in Emergency Medicine, Charlotte
Memorial Hospital, Charlotte, NC 1981-1984.
10. Government experience: Assistant Medical Examiner, Mecklenburg
County, NC 1998-Present (will resign if confirmed); Visiting Fellow,
National Highway Traffic Safety Administration, Washington, DC 1996;
National Center for Injury Prevention and Control, Centers for Disease
Control, Atlanta, GA; Injury Control Grant Review Committee (ad hoc)
1995-1999; Injury Control Grant Review Committee 1999-Present (will
resign if confirmed); Health Services Resource Administration, Office
of Emergency Medical Services for Children, Traumatic Brain Injury
Program Advisory Board 1998-2001; Mecklenburg County Emergency Medical
Service Charlotte, NC; Audit & Review Committee 1984-1995; Chairman
1990-1992; Mecklenburg County Emergency Medical Services Advisory
Council Charlotte, NC 1987-1993; NC Governor's Task Force on Driving
While Impaired 1998-2000, 1994-1995; NC Governor's Task Force for
Healthy Carolinians 2010 1999-2000; NC Office of Emergency Medical
Services Trauma Systems Task Force 1991-1996; NC Governor's Task Force
on Injury Control Co-Chairman 1988-1992.
11. Business relationships: Board of Trustees, The University of
the South, Sewanee, TN 1997-2000; Executive Committee, North Carolina
Medical Society, Raleigh, NC 1996-2001; Secretary, Board of Directors,
Foundation for Education and Research in Neurological Emergencies,
Chicago, IL 1998-2001; Board of Directors, Association for the
Advancement of Automotive Medicine, Chicago, IL 1999-2001; Board of
Directors, North Carolina College of Emergency Physicians, Raleigh, NC
1986-1992; Board of Directors, Mecklenburg County Medical Society,
Charlotte, NC 1992-1993, 1996-1998; Editorial Board, Emergency Medicine
Alert Atlanta, GA 1994-1999; Board of Advisors, Highway Safety Research
Center, University of North Carolina, Chapel Hill, NC 1999-2001; Board
of Advisors, NC Safe Kids, Raleigh, NC 2000-2001; Consultant, Wyeth-
Ayerst Resident Reporter Program 1999-2000; Consultant, Hemoglobin
Therapeutics Program, Baxter Pharmaceuticals, Chicago, IL 1999;
Consultant to the following law firms and insurance companies: Thompson
& Knight, Dallas, TX 2000; Womble, Carlisle, Sandrige & Rice,
Charlotte, NC 2001; Bennett and Guthrie, Winston-Salem, NC 2000;
Medical Protective Insurance Company, Fort Wayne, Indiana 2000.
12. Memberships: American College of Emergency Physicians, Dallas,
TX 1981-Present; Alcohol Screening Task Force-Chair 2000-2001; Trauma
Care & Injury Control Committee 1993-2001; Research Committee 1997-
2001; Blood Alcohol Reporting Task Force 1997-1998; Chairman, Injury
Control Section 1994-1995; Councilor 1993-1995; Injury Prevention &
Control Subcommittee 1991-1993; Chairman 1992-1993; Public Health in
Emergency Medicine Task Force 1990-1991; Society for Academic Emergency
Medicine, Lansing, MI 1984-Present; Clinical Trials Center Task Force
1996-1998; Research Committee 1990-1993, 1998-1999; Public Health
Committee 1991-1993; EM Database Task Force 1992-1994; North Carolina
Medical Society, Raleigh, NC 1984-Present; Speaker, House of Delegates
1997-2001; Vice-Speaker, House of Delegates 1996-1997; Injury Control
Committee 1994-2001; Chairman 1994-1997; Legislative Affairs Committee
1991-2001; Delegate 1990-Present; Constitution & Bylaws Committee 1996-
2001; Finance Committee 1995-1997; Commissioner 1994-1995; Disaster &
Emergency Care Committee Chairman 1992-1994; Vice-Chair 1988-1992;
Emergency Medicine Section Chairman 1988-1989; Association for the
Advancement of Automotive Medicine, Chicago, IL 1990-Present; Executive
Committee 2000-2001; Board of Directors 1999-2001; Membership &
Credentials Committee 1998-2000; North Carolina College of Emergency
Physicians, Raleigh, NC 1981-Present; President 1990-1991; President-
elect 1989-1990; Board of Directors 1986-1992; Chairman BTLS 1986-1988;
Editor-NC EPIC 1985-1989; Mecklenburg County Medical Society,
Charlotte, NC 1984-Present; Board of Directors 1996-1998, 1992-1993;
Secretary 1993; Public Health Committee 1991-1992; Disaster & Emergency
Care Committee 1985-1992; Chairman 1989-1992; National Center for
Injury Prevention and Control, Centers for Disease Control, Atlanta,
GA; Injury Control Grant Review Committee (ad hoc) 1995-1999; Injury
Control Grant Review Committee, 1999-Present (would resign, if
confirmed); National Academy Of Sciences, Transportation Research
Board, Washington, DC; Alcohol and Traffic Safety Committee 1999-
Present (would resign, if confirmed); Applied Research Ethics National
Association, Boston, MA 1989-1994; American Medical Association
Chicago, IL 1984-1989, 1991-Present; Myers Park Country Club,
Charlotte, NC 1988-Present; St. John's Episcopal Church Charlotte, NC
1982-Present.
13. Political affiliations and activities: (a) List all offices
with a political party which you have held or any public office for
which you have been a candidate. I have neither had an office with a
political party, nor have I been a candidate for public office.
(b) List all memberships and offices held in and services rendered
to all political parties or election committees during the last 10
years. I served on the Board of Directors of the NC Medical Society
Political Action Committee from 1991 to 2001, as Secretary-Treasurer
1995-1996 and Vice-Chair 1996-1997.
(c) Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. 1998, Sue Myrick for
Congress $500.00; 2000, Sue Myrick for Congress $750.00; 2000, Mike
Easley for Governor $1,000.00; 2000, North Carolina Medical Society PAC
$500.00; 2001, Sue Myrick for Congress $500.00.
14. Honors and awards: Director's Corporate Award: ``To Promote and
Protect the Public's Health,'' Mecklenburg County Health Department,
2001; George Podgorny Emergency Medicine Service Award, NC College of
Emergency Physicians, 1997; Highway Safety Leadership Award, NC
Governor's Highway Safety Program, National Highway Traffic Safety
Administration, 1996; Best Oral Methodology Research Presentation,
Society for Academic Emergency Medicine, 1992; Phi Beta Kappa, The
University of the South; Omicron Delta Kappa, The University of the
South; Georgia M. Wilkins Scholarship (Academics, Leadership, Service),
The University of The South, 1973-1977; Charles Pollard Marks
Scholarship (Outstanding Junior in the College), The University of the
South, 1976-1977; Hoff Scholarship (Chemistry), The University of the
South, 1974-1975; Sullivan Scholarship (Academics), The University of
the South, 1976-1977.
15. Published writings: Peer-Reviewed Manuscripts; Moran GJ, Talan
DA, Mower W, Newdow M, Ong S, Nakase JY, Pinner RW, Childs JE, for the
Emergency ID Net Study Group. Appropriateness of Rabies Postexposure
Prophylaxis Treatment for Animal Exposures. JAMA 2000; 284: 1001-1007;
Talan DA, Moran GJ, Newdow M, Ong S, Mower WR, Nakase JY, Pinner RW,
Slutsker L, for the Emergency ID NET Study Group. Etiology of Bloody
Diarrhea Among Patients Presenting to United States Emergency
Departments: Prevalence of E. coli 0157:H7 and Other Enteropathogens.
Clin. Infect. Dis. 2000 (in press); Sloan EP, Koenigsberg M, Houghton
J, Gens D, Cippolle M, Runge JW, Mallory MN, Rodman G, for the DCLHb
Traumatic Hemorrhagic Shock Study Group. The informed consent process
and the use of exception to informed consent in the clinical trial of
DCLHb in severe traumatic hemorrhagic shock. Acad Emerg Med 1999;
6(12):12031209; Sloan EP, Koenigsberg M, Gens D, Cippolle M, Runge JW,
Mallory MN, Rodman G, for the DCLHb Traumatic Hemorrhagic Shock Study
Group. Diaspirin cross-linked hemoglobin (DCLHb) in the treatment of
severe traumatic hemorrhagic shock: a randomized controlled efficacy
trial. JAMA 1999; 282(19): 1857-1864; Peterson TD, Jolly, BT, Runge JW,
Hunt RC. Motor vehicle safety: current concepts and challenges for
emergency physicians. Ann Emerg Med 1999; 34(3):384-393; Talan DA,
Citron DM, Abrahamian FM, Moran GJ, Goldstein EJC, for the Emergency
Medicine Animal Bite Infection Study Group. Bacteriologic analysis of
infected dog and cat bites. NEJM 1999; 340(2): 85-92; Talan DA, Moran
GJ, Mower WR, Newdow M, Ong S, Slutsker L, Jarvis WR, Conn L, Pinner
RW, for the Emergency ID NET Study Group. Emerg ID Net: An emergency
department-based emerging infections sentinel network. Ann Emerg Med
1998;32(6):703711; Biros MH, Runge JW, Lewis RJ, Doherty C. Emergency
medicine and the development of the Food and Drug Administration's
final rule on informed consent and waiver of informed consent in
emergency research circumstances, Acad Emerg Med 1998; 5:359-368;
Sweeney TA, Runge JW, Gibbs MA, Raymond JC, Schafermeyer RW, Norton J.
Automatic external defibrillators in an urban EMS system, Ann Emerg Med
1998; 31(2): 234-240; Madden C, Garrett JM, Cole TB, Runge JW, Porter
CQ. The urban epidemiology of recurrent injury: beyond age, race, and
gender stereotypes, Acad Emerg Med 1997; 4(8):772-775; Young B, Runge
JW, Waxman KS, Harrington T, Wilberger J, Muizelaar JP, Boddy A, Kupiec
JW. Effects of Pegorgotein on Neurologic Outcome of Patients with
Severe Head Injury: A Multicenter, Randomized Controlled Trial. JAMA
1996;276(7):538-543; Runge JW, Pulliam CL, Carter JL, Thomason MH.
Enforcement of Drunken Driving Laws in Cases Involving Injured
Intoxicated Drivers. Ann Emerg Med 1996; 27:66-72; Biros MH, Lewis RL,
Olson CM, Runge JW, Cummins RO, Fost N: Informed Consent in Emergency
Research. JAMA 1995 273(16):1283-1287; Fligner DJ, Spivey WH, Runge JW.
Informed Consent and the Regulation of Research (SAEM Position Paper)
Academic Emerg Med 1994; 1(6):561-562; Runge JW, Martinez JC, Caravati
EM, Williamson SG, Hartsell SC. Histamine antagonists in the treatment
of acute allergic reactions. Ann Emerg Med 1992; 21(3):237241; Ribbeck
BM, Runge JW, Thomason MT, Baker JW. Injury surveillance: a method for
recording E codes in injured emergency department patients. Ann Emerg
Med 1992; 21(1):37-40; Vaughn DE, Runge JW. Out-of-hospital do not
resuscitate orders in North Carolina. NC Med J 1991; 52(9): 433-435;
Caravati EM, Runge JW, Hartsell SE. Nifedipine in renal colic: a
double-blind crossover placebo controlled clinical trial. Ann Emerg Med
1989; 18:352-54.
Reviews and Chapters: Runge JW. Motor vehicle crash biomechanics:
Interpreting the Polaroid. Emergency Medicine Alert 2000; 6(8): 61-63;
Runge JW. Airbags and crash injury: effectiveness and risk. Emergency
Medicine Alert 1998;4(9):69-71; Runge JW, Hargarten S. Injury Control.
In Emergency Medicine: Concepts and Clinical Practice, Fourth Edition.
Rosen, Barkin, et al, Ed. St. Louis, MO. 1997-1996; Runge JW, Allen FH.
Emergency Treatment of Status Epilepticus. Neurology 1996; 46(6):S20-
S23; Runge JW. Treatment of status epilepticus. Emergency Medicine
Alert 1996;3(4):28-30; Runge JW. Status epilepticus: a neurologic
emergency. Emergency Medicine Alert 1996;3(3):21-23; Runge JW.
Emergency research: the problem with informed consent. Emergency
Medicine Alert 1995; 2(5):37-39; Kline JA, Runge JW. Streptococcal
Pharyngitis: A Review of Pathophysiology, Diagnosis, and Management. J
Emerg Med 1994; 12(5):665-680; Runge JW. The Cost of Injury. Em Med
Clin NA 1993; 11(1):241-254; Runge JW. Pneumonia in adults. Crit Dec
Emerg Med 1990; 4:229-237; Runge JW. Pneumonia in children. Crit Dec
Emerg Med 1990 4:239-246; Runge JW. Orthopedic Problems in Pediatric
Trauma. Pediatric Trauma Management for EMS. Charlotte NC, Hemby
Pediatric Institute, M 53-58, 1989; Runge JW. Schafermeyer RW.
Respiratory emergencies. Primary Care Clinics 1986 13(1):177-192.
Editorials and Commentaries: Runge JW. Screening for alcohol use
disorders--barriers and excuses. Ann Emerg Med 2000; 36(6): 629-630;
Runge JW. Antihistamines and driving performance--an under-recognized
issue in traffic safety. [commentary]. Ann Emerg Med 2000; 36: 389-390;
Runge JW. Disease control and crash injury--modifying host risk
factors. [commentary]. Ann Emerg Med 2000; 36:165-166; Runge JW.
Linking data for injury control research. Ann Emerg Med 2000; 35(6):
613615; Runge JW. Pediatric patients still ride in front of air bags.
Emergency Medicine Alert 2000; 6(9):68-69; Runge JW. The new safer
family of dummies [commentary]. Ann Emerg Med 1999; 33:721-722; Runge
JW. Intubation difficulty in poisoned patients. Emergency Medicine
Alert 1998; 4(11):84-85; Runge JW. Cell phones and the multitasking
driver [commentary]. Ann Emerg Med 1998; 31(2):278-280; Runge JW. Use
of troponin for diagnosis of ED patients with chest pain. Emergency
Medicine Alert 1998; 4(9):67-68; Runge JW. Making physiologic sense of
the diagnosis of pulmonary embolism: potential for a new diagnostic
method. Emergency Medicine Alert 1997;4(7):49-50; Runge JW. End-tidal
C02 and CPR: Do we need technology or common sense? Emergency Medicine
Alert 1997; 4(5):33-34; Runge JW. Guest Editor. Emergency medicine:
North Carolina's response. An issue of the NCMJ 1997;58(4); Runge JW.
Emerging success: finding a void and filling it. NCMJ 1997; 58(4): 235-
236; Runge JW. A super alternative for wound closure: a new generation
of cyanoacrylate. Emergency Medicine Alert 1997; 4(3):17-18; Runge JW.
Do motorcycle helmets affect riders' vision and hearing? [commentary].
Ann Emerg Med 1997, 29(2):283; Runge JW. The economic cost of motor
vehicle crashes, 1994 [commentary]. Ann Emerg Med 1996, 28(6):712;
Runge JW. NHTSA Crash-Injury Research and Engineering Network
[commentary]. Ann Emerg Med 1996; 28(4):451-452; Runge JW. Bystander
CPR: quality, not quantity. Emergency Medicine Alert 1996; 2(11):83-84;
Runge JW. Man does not live by ACD alone. Emergency Medicine Alert
1995; 2(3):1920; Runge JW. Triage by mechanism of injury: do we really
need a trauma team? Emergency Medicine Alert 1995; 1(8):59; Runge JW.
Crystalloid resuscitation challenged for penetrating injuries to the
torso. Emergency Medicine Alert 1994; 1(7):49-50; Runge JW.
Aminophylline does not improve CPR outcome. Emergency Medicine Alert
1994; 1(3):17-18; Runge JW. Transesophageal echocardiography for
evaluation of thoracic aortic dissection. Emergency Medicine Alert
1994; 1(1):1-2; Runge JW. Informed consent: an unresolved issue
[letter]. Ann Emerg Med 1990; 19(7):841.
Published Abstracts: Runge JW, Garrison HG, Shen G, Hall WL, Waller
AE. Seat belt use and speeding among crash injury patients with alcohol
use disorder. Acad Emerg Med 2001; 8(5):482; Runge JW, Cruz TH.
Immunize children against injury--one patient at a time. Acad Emerg Med
2001; 8(5):587; Runge JW, Garrison HG, Hall WL, Waller A.
Identification and referral of impaired drivers through ED protocols.
Acad Emerg Med 2000; 5:436; Roberts EL, Runge JW. ED DIRECT: A method
for ED-based alcohol abuse intervention. Acad Emerg Med 2000; 5:474-
475; Runge JW, Garrison HG, Hail WL, Waller A. Prevalence of alcohol
abuse or alcohol dependency in patients treated for motor vehicle crash
injury. Acad Emerg Med 1999; 6(5):490-491; Sloan EP, Koenigsberg MD for
the DCLHB Traumatic Hemorrhagic Shock Clinical Trial Group, Acad Emerg
Med 1999; 6(5):379-380; Moran GJ, Talan DA, Mower WR, Newdow M, Ong S,
Childs JF, Pinner RW, The EMERGEncy ID Net Study Group. Appropriateness
of emergency department rabies post-exposure prophylaxis for animal
exposures in the United States, Acad Emerg Med 1999;5:376; Talan DA,
Moran GJ, Ong S, Mower WR, Merchant G, Pinner RW, Slutsker L, The
EMERGEncy ID Net Study Group. Prevalence of E.-coli O157:H7 and other
enteropathogens among patients presenting to U.S. emergency departments
with bloody diarrhea. Acad Emerg Med 1999;5:389; Ong S, Moran GJ, Talan
DA, Mower WR, Tsang VCW, Pinner RW, The EMERGEncy ID Net Study Group.
Radiographically imaged seizure patients and neurocysticercosis in U.S.
emergency departments. Acad Emerg Med 1999;5:390; Runge JW, Andrews LL,
Marx JA. Five year follow up study of injured intoxicated drivers. Acad
Emerg Med 1998; 5(5): 542; Silverman R, Gallagher J, Runge J, Osborne
H, Feldman J, Kindshuh M, Gaeta T, Schwartz R. Pulmonary function of
patients with severe asthma released from the emergency department.
Acad Emerg Med 1997; 4(5): 483; Sloan EP, Luer M, Fischer J, Ramsay E,
Runge JW, Philbrook B, Allen FH. Cardiac effects with high-dose, high-
rate intravenous fosphenytoin seizure therapy. Acad Emerg Med
1997;4(5):380; Sweeney T, Runge JW, Gibbs MA, Carter JM, Schafermeyer
RW, Norton JH. First responder defibrillation does not increase
survival from sudden cardiac death in a two-tiered urban-suburban EMS
system. Acad Emerg Med 1996; 3(5): 422; Silverman R, Osborn H, Runge
JW, Gallagher EJ, Chiang W, Gaetha T, Feldman J, Scharf S, Mancherje N,
Kwiatkkowski T, Freeman K. Magnesium sulfate as an adjunct to standard
therapy in acute severe asthma. Acad Emerg Med 1996; 3(5):467; Ramsay
E, Philbrook B, Fischer JL, Sloan EM, Allen FH, Runge JW, Smith MF,
Kugler AR. Safety, tolerance and pharmacokinetics of fosphenytoin
compared to Dilantin following rapid IV administration. Neurology 1996;
46(suppl):A245; Runge JW, Sloan EP, Turnball TL, Fischer JH, Allen FH.
Intravenous fosphenytoin loading for emergent seizure control. Ann
Emerg Med 1995; 25(1):139; Allen FA, Runge JW, Legarda A, Maria BL,
Matsuo R, Kugler AR, Knapp LE. Multicenter open-Label study on safety,
tolerance, and pharmacokinetics of intravenous fosphenytoin in status
epilepticus. Epilepsia 1994; 35(suppl):93; Garvey JL, Raymond RM, Runge
JW, Schroeder D, Leonova E, Carter JM. Cocaine directly induces
hypodynamic cardiotoxicity. Acad Emerg Med 1994; 1(3):320; Allen FH,
Runge JW, Legarda S, Maria BL, Matsuo F, Kugler AR, Knapp LE.
Multicenter, open-label study on safety, tolerance and pharmacokinetics
of intravenous fosphenytoin in status epilepticus. Epilepsia 1994;
34(8):93; Brewer TO, Schafermeyer RW, Runge JW, Norton HJ.
Transcutaneous PC02 compared with arterial PC02 for detecting C02
retention in the emergency department. Acad Emerg Med 1994; 1(2):A49;
DiPasquale JT, Nichols JA, Runge JW. Can patients requiring a single
physician evaluation be predicted at triage? Acad Emerg Med 1994;
1(2):A29; Legarda S, Maria BL, Matsuo F, Allen FH, Runge JW, Kugler AR,
Marriott J. Safety, tolerance, and pharmacokinetics of fosphenytoin, a
phenytoin prodrug, in status epilepticus. Epilepsia 1993; 34(6):60;
Runge JW, DeStefano AA, Garvey JL, Quinn ME, Raymond RM. Adenosine
mediates cardiac tachyphylaxis to catecholamines. Ann Emerg Med 1993;
22(5):893; Garvey JL, Runge JW, Schroeder JD, Leonova E, Carter JM,
Raymond RM. Cardiodepressant effect of continuous cocaine infusion in
anesthetized dogs. FASEB J 1993; 7(4):A684; Runge JW, Garvey JL,
Schroeder JD, Leonova E, Rose FR, Raymond RM. Etomidate as a canine
anesthetic in cardiovascular research. FASEB J 1993; 7(4):A708; Runge
JW, Pulliam CL: Prosecution of injured alcohol-intoxicated drivers for
DWI. Ann Emerg Med 1992; 21(5):590; Runge JW, Martinez JC, Caravati EM,
Williamson SG, Hartsell SC: Cimetidine in the treatment of acute
allergic reaction. Ann Emerg Med 1989; 18(4):475 16.
Speeches: Provide the Committee with two copies of any formal
speeches you have delivered during the last 5 years which you have
copies of on topics relevant to the position for which you have been
nominated.
I do not have any transcripts of speeches. I lecture from slides,
notes, or extemporaneously. Titles, locations and dates of invited
extramural presentations are provided below.
``Biomedical Ethics--A Global Perspective,'' University of NC at
Charlotte Conference on Global Health Disparities, Charlotte, NC, April
2001; ``Emergency Department Screening and Intervention for At-risk
Drinkers,'' CDC Conference on Screening and Intervention, Arlington,
VA, March 2001; ``Ethics in Emergency Research, Informed Consent, and
the IRB,'' Emergency Medicine Basic Research Skills Workshop, Dallas
TX, November 2000; ``Injury Prevention and Control in Emergency
Medicine Practice,'' Grand Rounds, University of Indiana, Indianapolis,
IN, September 2000; ``Ethical Issues in Emergency Research,'' Grand
Rounds, Medical College of Wisconsin, Milwaukee, WI, September 2000;
``Federal Funding for Injury Control Research,'' Society for Academic
Emergency Medicine, San Francisco, CA, May 2000; ``Crash Investigation:
Engineering and Clinical Concepts,'' and ``Linking the Medical Record
and the Vehicle,'' Car Crash and Occupant Injury Course, Association
for the Advancement of Automotive Medicine, Miami, FL, April 2000;
``Ethical Issues in Research Planning and Design,'' Emergency Medicine
Foundation, Basic Research Skills Workshop, Dallas, TX, November 1999;
``Injury Biomechanics Workshop,'' American College of Emergency
Physicians Scientific Assembly, Las Vegas, NV, October 1999; ``Triage
Decisions in the Practice of Injury Control,'' NC Chapter, American
Trauma Society, Hickory, NC, April 1999; ``Evidence-Based Triage of
Injury,'' ENA/ENCARE National Leadership Symposium, Los Angeles, CA,
February 1999; ``Screening and Referral of Injured Impaired Drivers,''
ENA/ENCARE National Leadership Symposium, Los Angeles, CA, February
1999; ``Injured Impaired Drivers and the Medical Community,'' National
Academy of Sciences, Transportation Research Board, Washington, DC,
January 1999; ``Ethical and Regulatory Issues in Human Subject
Research,'' Emergency Medicine Foundation, Basic Research Skills
Workshop, Dallas, TX, November 1998; ``From Hypothesis to Pharmacy: The
Drug Research & Development Process,'' Community Conference on Clinical
Research, Bioethics Resource Group, Charlotte, NC, September 1998;
``Community-Based Injury Control: The Future of Injury Reduction,''
Alabama Safe Communities Workshop, Birmingham, AL, July 1998;
``Research Ethics and the IRB,'' ``How to be a Successful Clinical
Trials Investigator,'' Society for Academic Emergency Medicine,
Chicago, IL, May 1998; ``DUI and the Medical Community--To Report or
Not to Report Suspected Offenders,'' Lifesavers 1998, Cleveland, OH,
March 1998; ``Diagnosis and Treatment of Seizures in an Acute Care
Setting,'' Emergency Medicine Grand Rounds, Orlando Regional Medical
Center, Orlando, FL, February 1998; ``Partners in Progress: Reaching
the National Goal through Innovative Alcohol Research,'' National
Academy of Sciences, Transportation Research Board, Washington, DC,
January 1998; ``Ethical and Regulatory Issues in Human Subject
Research,'' Emergency Medicine Foundation, Basic Research Skills
Workshop, Dallas, TX, November 1997; ``Emergency Research and Exception
to Informed Consent,'' FDA/NIH Workshop: Contemporary issues in human
subjects research, Charlotte, NC, September 1997; ``Fundamentals of
Research: Research Ethics and Human Subjects,'' Society for Academic
Emergency Medicine, Washington, DC, May 1997; ``Preserving Your
Research Career,'' Research Directors Workshop, Society for Academic
Emergency Medicine, Washington, DC, May 1997; ``Multi-center Clinical
Research Workshop,'' Society for Academic Emergency Medicine,
Washington, DC, May 1997; ``Trauma Triage,'' American College of
Emergency Physicians Scientific Assembly, New Orleans, LA, September
1996; ``Community Injury Control Simply Safety: Protecting Michigan's
Children,'' Lansing MI, September 1996; ``Safe Communities,'' National
Association of Governors' Highway Safety Representatives, Nashville TN,
September 1996; ``The Science of Injury Control,'' and ``Repeat Injury:
Risk Assessment in the ED,'' ENA/ENCARE First National Injury
Prevention Conference and the 6th National ENCARE Conference, Orlando
FL, July 1996; ``Community-Based Injury Control,'' Wisconsin Governor's
Highway Safety Conference, Appleton, WI, June 1996; ``Safe Communities:
How to work with an existing network,'' Great Lakes Injury Prevention
Conference, Columbus OH, May 1996; ``Research Ethics and Human
Subjects,'' Society for Academic Emergency Medicine, Denver CO, May
1996; ``Safe Communities,'' Lifesavers 14 Conference, Albuquerque NM,
April 1996; ``Ethics and Informed Consent in Emergency Medicine
Research,'' Critical Care Symposium, Temple University School of
Medicine, Philadelphia PA, March 1996; ``Rapid Treatment of Status
Epilepticus,'' Southern Clinical Neurology Society, Huatulco, Mexico,
January 1996; ``The Science of Injury Control'' and ``The Physics of
Automobile Crash Injury,'' Orlando Regional Medical Center, January
1996; ``Community Injury Control,'' National Highway Traffic Safety
Administration, Washington, DC, December 1995; ``Health Care Providers
as Partners in Traffic Safety,'' National Association of Governors'
Highway Safety Representatives, Anchorage, AK, September 1995;
``Partnerships for Injury Prevention: Injury Control at the State and
Local Level,'' Moving Kids Safely Conference, Washington, DC, June
1995; ``Ethics in Clinical Research,'' Society for Academic Emergency
Medicine, San Antonio, TX, May 1995; ``Update on Emergency Informed
Consent,'' Society for Academic Emergency Medicine, San Antonio, TX,
May 1995; ``New Partners in Injury Prevention,'' National Lifesavers
Conference, Indianapolis, IN, April 1995; ``The State of Resuscitation
Research,'' National Institute of Health/Food and Drug Administration,
Public Forum on Informed Consent in Emergency Research, Bethesda, MD,
January 1995; ``Regulatory Issues in Resuscitation Research,''
Coalition of Acute Resuscitation Researchers, Washington, DC, October
1994; ``Exception to Informed Consent: Under What Circumstances?''
Society for Academic Emergency Medicine, Washington, DC, May 1994;
``Fundamentals of Research: Ethics and Human Subjects,'' Society for
Academic Emergency Medicine, Washington, DC, May 1994; ``Injury
Prevention: You Can Make a Difference,'' American College of Emergency
Physicians, Clinical Forum, Kansas City MO, April 1993; ``Treating
Trauma Before it Happens: Injury Control for Practicing Emergency
Physicians,'' American College of Emergency Physicians, Clinical Forum,
Kansas City MO, April 1993; ``Pre-hospital Do Not Resuscitate Orders: A
Non-Legislative Approach,'' EMS Strategies 1993: An Issues Forum for
EMS Leaders ACEP, Dallas TX, February 1993; ``Traffic Injury as a
Health and Economic Issue,'' National Conference of State Legislators,
Committees of Health & Transportation, Cincinnati OH, July 1992;
``Interacting with your IRB,'' Society for Academic Emergency Medicine,
Washington DC, May 1991;
17. Selection: (a) Do you know why you were chosen for this
nomination by the President?
I presume that I was nominated because of a lifelong dedication to
the reduction of human suffering through the clinical practice,
research, and education in emergency medicine and trauma care.
Throughout my career, I have been engaged in the study of traffic
injury control, have been active in supporting sound laws and
regulations and their enforcement, and have been an activist and
spokesperson at the State and national levels for educational, legal,
and engineering solutions to the enormous public health problem of
traffic injury.
(b) What do you believe in your background or employment experience
affirmatively qualifies you for this particular appointment?
I have been studying and practicing emergency medicine for over 20
years and have been a teacher in the specialty and a researcher for
more than 17 years. With my special interest in crash injury treatment
and research, working in one of the busiest trauma centers in the
eastern United States, I have an intimate understanding of the need for
an integrated approach to highway traffic safety. I believe that our
Nation is best served by investing in the prevention of traffic injury,
rather than paying for the ever-rising cost of injury treatment. In
addition to experience in clinical medicine, I have concentrated my
academic research on the epidemiology of traffic injury and on
strategies to deal with driving while impaired, and I have written and
taught extensively on the subject. I also served as a parttime
volunteer fellow at NHTSA in 1996, dividing time between the engineers
and scientists in the Research and Development Division and the program
officers in the Traffic Safety Programs Division.
B. FUTURE EMPLOYMENT RELATIONSHIPS
1. Will you sever all connections with your present employers,
business firms, business associations or business organizations if you
are confirmed by the Senate?
Yes.
2. Do you have any plans, commitments or agreements to pursue
outside employment, with or without compensation, during your service
with the government? If so, explain.
No.
3. Do you have any plans, commitments or agreements after
completing government service to resume employment, affiliation or
practice with your previous employer, business firm, association or
organization?
No.
4. Has anybody made a commitment to employ your services in any
capacity after you leave government service?
No.
5. If confirmed, do you expect to serve out your full term or until
the next Presidential election, whichever is applicable?
If confirmed, I will serve at the pleasure of the President.
C. POTENTIAL CONFLICTS OF INTEREST
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients or customers.
Please refer to the Acting General Counsel Opinion Letter.
2. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
Please refer to the Acting General Counsel Opinion Letter.
3. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
Please refer to the Acting General Counsel Opinion Letter.
4. Describe any activity during the past 10 years in which you have
engaged for the purpose of directly or indirectly influencing the
passage, defeat or modification of any legislation or affecting the
administration and execution of law or public policy.
I have stayed in contact with numerous elected officials on the
Charlotte City Council, the Mecklenburg County Commission, the NC
General Assembly, and the U.S. Congress to inform them of my positions
on numerous issues under their consideration, usually relevant to the
practice of medicine. These issues include the funding of health care
for the underserved, access to emergency care, medical research issues,
and injury prevention/injury control issues. The NC Medical Society has
a very active grass roots program among physicians in North Carolina
that encourages physicians to make their opinions known to their
representatives at all levels. I have contacted my legislative
representatives countless times about such relevant issues. I have
testified to the NC General Assembly on several occasions about
specific bills under consideration, including access to emergency
ophthalmic care in North Carolina and opposition to repeal of the
motorcycle helmet law. I also served on two separate task forces
appointed by the Governor to address impaired driving, which developed
legislative packages for the NC General Assembly to consider, and I
worked diligently for the passage of those laws.
5. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
Please refer to the Acting General Counsel Opinion Letter.
6. Do you agree to have written opinions provided to the Committee
by the designated agency ethics officer of the agency to which you are
nominated and by the Office of Government Ethics concerning potential
conflicts of interest or any legal impediments to your serving in this
position?
Yes.
D. LEGAL MATTERS
1. Have you ever been disciplined or cited for a breach of ethics
for unprofessional conduct by, or been the subject of a compliant to
any court, administrative agency, professional association,
disciplinary committee, or other professional group? If so, provide
details.
No.
2. Have you ever been investigated, arrested, charged or held by
any Federal, State, or other law enforcement authority for violation of
any Federal, State, county, or municipal law, regulation or ordinance,
other than a minor traffic offense? If so, provide details.
No.
4. Have you or any business of which you are or were an officer
ever been involved as a party in interest in an administrative agency
proceeding or civil litigation? If so, provide details.
Yes. Civil litigation case entitled Daniel Phillips vs. Carolina
HealthCare System and Jeffrey W. Runge, MD. This was a third-party
lawsuit filed in Mecklenburg County, North Carolina, court in 2000. The
case was dismissed by the judge in response to a petition from the
defense.
5. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense?
No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be considered in
connection with your nomination.
None.
E. RELATIONSHIP WITH COMMITTEE
1. Will you ensure that your department/agency complies with
deadlines set by congressional committees for information?
Yes, to the best of my ability.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures?
Yes.
3. Will you cooperate in providing the committee with requested
witnesses, to include technical experts and career employees with
firsthand knowledge of matters of interest to the committee?
Yes.
4. Please explain howyou will review regulations issued by your
department/agency, and work closely with Congress, to ensure that such
regulations comply with the spirit of the laws passed by Congress.
I will work with every Associate Administrator to ensure that the
regulations promulgated by NHTSA meet the statutory intent of
legislation. I will work carefully with the Secretary, the Deputy
Secretary, and the General Counsel to ensure that NHTSA's regulations
are consistent and meet the goals of the Department of Transportation
as a whole.
5. Describe your department/agency's current mission, major
programs, and major operational objectives.
The central mission of the DOT is to serve the United States by
ensuring a safe transportation system that furthers our vital national
interests and enhances the quality of life of the American people.
Within this framework, NHTSA's mission is to promote the health and
well being of the citizens of the United States by working diligently
toward the reduction of transportation-related deaths and injuries
while recognizing that the Nation depends on mobility of people and
goods to sustain commerce and economic growth.
6. 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.
F. GENERAL QUALIFICATIONS AND VIEWS
1. How have your previous professional experience and education
qualifies you for the position for which you have been nominated?
The National Highway Traffic Safety Administration is the Federal
agency that is responsible for mitigating one of the nation's worst
public health problems, motor vehicle-related injury. The success of
this task depends on the integration of strong, science-based
regulations and laws, and the enforcement of those laws and
regulations; on programs to study traffic-related injury and to educate
the public about safe driving and injury prevention; and on advances in
engineering to mitigate the severity of injury when crashes do occur
and to take advantage of emerging technologies in crash avoidance and
occupant protection. The NHTSA Administrator, therefore, should have a
working knowledge of public education, interaction with regulators and
legislators, and expertise in injury research.
I have been the primary founder and organizer of a community
coalition in Charlotte, NC comprised of physicians, hospitals,
transportation engineers, police, EMS professionals, prosecutors,
public health departments, faith and community leaders, and the media.
Every segment of our society depends on transportation for commerce,
subsistence, and socialization, and therefore every citizen and visitor
to the United States is a stakeholder. Everyone must, therefore, be
involved in the solution to the problem. Through my background I
understand injury science, public education, laws, regulation and
enforcement, and I have a working knowledge of safety engineering.
My allegiance is to the citizens of this country who start each day
with the full expectation of carrying out their activities safely,
rather than finding themselves in a hospital emergency department or
trauma unit. Traffic injury is a disease that must be dealt with in the
same manner as we have other devastating public health problems in our
nation's history. This disease will claim over 40,000 lives in the
United States next year, and 10 times that many will survive their
injuries with severe disability. This disease will send 40 million of
our citizens to the emergency department, which will result in 4
million hospitalizations. Any other disease with this prevalence in the
population would become a national priority of the highest order in
which every citizen would participate. I expect the same to be true of
highway traffic injury. It will require strong, unswerving leadership
for this Administration to significantly reduce the risk to Americans
posed by the disease of traffic injury.
2. Why do you wish to serve in the position for which you have been
nominated?
For the last 2 decades, I have tried in earnest to affect one life
at a time by counseling patients on safe driving and seat belt use,
encouraging parents to use child restraints, and by doing alcohol
screening and intervention on patients at risk for driving while
impaired. While grassroots level effort is also needed, it became
quickly apparent to me that substantive gains could only be made with
large-scale public education, policy development, and safety
engineering. Serving the nation as Administrator of the National
Highway Traffic Safety Administration is the ultimate opportunity to
engage in traffic injury prevention and control on the largest possible
scale. It has been a very difficult personal decision to leave the
direct care of patients, and I do so only because I believe that I can
make a larger difference to my fellow man in this position than I can
one patient at a time.
3. What goals have you established for your first 2 years in this
position, if confirmed?
My overriding goal in the first 2 years is to bring into focus for
the American people the fact that traffic injury is a disease that
requires the cooperation of every American citizen to control it. It is
the leading killer of children over age 1 year and of adults to age 35.
It can and must be controlled in the same way we have controlled
infectious diseases in this country. But it will require leadership at
the very highest levels to accomplish it. Careful attention to
immunizing the public against traffic injury through the use of seat
belts and child restraints, sober driving, and having safe and
crashworthy vehicles on the roadways is a top priority.
4. What skills do you believe you may be lacking which may be
necessary to successfully carry out this position? What steps can be
taken to obtain those skills?
Although I have a full understanding of the mission and goals of
the Department and the Agency, I have never managed an organization
with 650 employees and a $400 million budget. I have served on the
Boards of Directors of several nonprofit organizations, and understand
the importance of effective employee relations, cost accountability,
and relationships with stakeholders. Through its employees, the
National Highway Traffic Safety Administration enjoys a wealth of
experience in management, and I will make every effort to utilize those
resources to the fullest as well as full coordination with the Office
of the Secretary and other modal Administrators.
5. Who are the stakeholders in the work of this agency?
All drivers and passengers in a motor vehicle and all pedestrians
are stakeholders in the work of NHTSA. Therefore, virtually every
American is affected by the programs and regulations developed by the
Agency.
Entities which are more directly affected by the decisions and
policies of the Agency include the manufacturers of automobiles and
their components, the insurance community, State and local governments,
especially public safety agencies including police, fire and emergency
medical services, health care providers and agencies, the media who
report on traffic safety issues, and highway safety advocates of
various descriptions.
6. What is the proper relationship between your position, if
confirmed, and the stakeholders identified in question No. 10?
I will strive to serve all stakeholders in the work of NHTSA in a
fair, equitable, and ethical manner. My foremost consideration will be
the overall safety and welfare of the American public and the reduction
of the numbers of Americans injured and dead on the highways.
Relationships with stakeholders will be framed in that context, and I
will never yield in the mission to safeguard the health and well-being
of the American public.
7. The Chief Financial Officers Act requires all government
departments and agencies to develop sound financial management
practices similar to those practiced in the private sector. (a) What do
you believe are your responsibilities, if confirmed, to ensure that
your agency has proper management and accounting controls?
I take financial integrity very seriously, and will meet regularly
with the Chief Financial Officer of NHTSA to be assured that we are
operating according to the law and with the best accounting practices
possible. My understanding is that NHTSA has received a clean audit by
the Inspector General for the past several years. It appears that the
system currently in place is doing an excellent job of ensuring
financial integrity.
(b) What experience do you have in managing a large organization?
I have served on the Boards of several nonprofit corporations of
varying sizes, and on the finance committees of some of these
organizations. I, therefore, have a working knowledge of budgetary
methodology and fully understand the importance of financial
accountability.
8. The Government Performance and Results Act requires all
government departments and agencies to identify measurable performance
goals and to report to Congress on their success in achieving these
goals. (a) Please discuss what you believe to be the benefits of
identifying performance goals and reporting on your progress in
achieving those goals.
I am a strong believer in identifying performance goals
prospectively, not only for agencies, but for managers and employees
within an agency. It is a measuring stick for use both internally and
externally, and if defined broadly, serves to stimulate creativity
rather than hindering it. It also enables managers to identify poor
performance, as well as the cause and steps to take toward resolution.
(b) What steps should Congress consider taking when an agency fails
to achieve its performance goals? Should these steps include the
elimination, privatization, downsizing or consolidation of departments
and/or programs?
The first step to take when an agency fails to achieve its
performance goal is to examine the goal itself for its reasonableness
and attainability. Reasonable goals should be met by Government
agencies and, if not, problems may be management, resources, or
infrastructure. Identified problems should be addressed. The need for
elimination, privatization, downsizing, or consolidation should be
apparent when the performance goals are formed.
(c) What performance goals do you believe should be applicable to
your personal performance, if confirmed?
As Administrator, I would seek to formulate and adhere to
performance goals developed with the Secretary and Deputy Secretary. I
have extremely high expectations for the Agency and for my own
performance, as well as the performance of my staff. The success of
NHTSA as an Agency in reducing death and injury on the nation's
highways is dependent upon its ability to gather and process vehicle
and crash data, and epidemiological data, upon positively affecting
human behaviors, upon State laws and their enforcement, and upon giving
Americans the tools necessary to move about safely. As Administrator, I
would be personally engaged in every facet of the Agency's business
from regulations through safety programs. The ultimate performance
measuring stick will be the safe movement of people on our highways.
9. Please describe your philosophy of supervisor/employee
relationships. Generally, what supervisory model do you follow? Have
any employee-complaints been brought against you?
I believe in empowerment of employees to use their own personal
resources to accomplish the goals and objectives of their jobs. I
believe that leadership should articulate the mission and purpose, and
ensure that all employees are working toward the same goal. I believe
that micromanagement is harmful. I believe that each employee benefits
when he or she helps a coworker be successful. I believe that all
information that will help others accomplish their goals should be
shared. I believe that managers should be judged by the performance of
their departments.
No employee complaints have been brought against me.
10. Describe your working relationship, if any, with the Congress.
Does your professional experience include working with committees of
Congress? If yes, please describe.
I have been politically active at the national level as a member of
the American College of Emergency Physicians and of the North Carolina
Medical Society. I have developed relationships with the Members of
Congress from my District and have spoken with them on numerous
occasions about a broad range of health care issues including safety
issues, health care, financing, and provision of medical care for the
underserved. Former Representative Alex McMillan has spent time with me
in the emergency department. I have had no experience in working with
the committees of Congress. I did co-author testimony for the
Subcommittee on Small Business of the House Energy and Commerce
Committee in 1996 dealing with the issue of informed consent in
emergency research.
11. Please explain what you believe to be the proper relationship
between yourself, if confirmed, and the Inspector General of your
department/agency.
If confirmed, one of my goals would be to manage NHTSA in a way so
that its integrity would not be questioned. It is my understanding that
the Agency closely adheres to all applicable laws and regulations, and
carries out its programs without a hint of waste, fraud or abuse. I
would work closely with the Inspector General to assure that the Agency
continued to operate in this manner.
12. Please explain how you will work with this Committee and other
stakeholders to ensure that regulations issued by your department/
agency comply with the spirit of the laws passed by Congress.
I understand the relationship of regulations being promulgated by
our Agency as the method for carrying out laws enacted by the Congress.
It is, therefore, essential that all administrative regulations meet
the purposes of duly enacted laws. It is essential for the Agency to
consult with all citizens through the administrative rulemaking
process. As Administrator, I would consider it a duty and a privilege
to meet personally and regularly with the members of the committee to
make sure that they are apprised of the progress of the agency and its
interface with the Congress.
13. In the areas under the department/agency's jurisdiction, what
legislative action(s) should Congress consider as priorities? Please
state your personal views.
The authorizations of appropriations for NHTSA's (1) motor vehicle
safety and (2) motor vehicle information and cost savings programs
expire after fiscal year 2001. The Department has proposed legislation
under active consideration to reauthorize these programs for FYs 2002-
2005. Providing the necessary resources and authority to carry out
these programs is the underpinning of the agency's ability to carry out
its mission of reducing the unacceptable burden of highway injuries and
fatalities. Increased resources would be devoted to critical program
areas, such as developing dummies to monitor side, rear-end, and
rollover crashes, and implementing the dynamic rollover testing and
child restraint rating programs mandated by the TREAD Act.
It is also essential that NHTSA and the Department be allowed by
the Congress to participate in discussions at the State legislative
level on all issues of highway traffic safety. Most laws that govern
the movement of vehicles on the highway are appropriately enacted at
the State level. NHTSA is the nation's foremost agency for the research
into this discipline, and therefore has a responsibility to contribute
science to the discussion. The American taxpayers have a great deal of
financial investment in the science that should be at the basis of
public policy, and NHTSA should be free to supply it. It is my belief
that legislative restrictions on the ability of NHTSA officials to
offer their views on pending State or local legislative proposals
should therefore be removed.
A legislative change that is needed immediately is to lift the
restrictions on NHTSA's abilities to set Corporate Average Fuel Economy
(CAFE) standards. A current appropriations rider precludes NHTSA from
starting rulemaking on CAFE standards until October 1, 2001. Because
responsibly crafted CAFE standards can increase fuel efficiency without
negatively affecting the U.S. auto industry, lifting this freeze now
will enable NHTSA to quickly move forward to address this issue.
Finally, NHTSA has rightly been given the responsibility to
generate regulations called for by specific pieces of legislation for
traffic safety. Currently there is a backlog of regulations under
development. Only sound, science-based regulations should be
promulgated by the agency, which requires time and resources for
initial development in addition to the necessary time to meet the
statutory requirements for rulemaking. I would ask the Congress to be
sensitive to the Agency's resources before it places time restrictions
on the agency in the future, so that Congress does not create
expectations that cannot be met without sacrificing the quality of the
regulations.
13. Within your area of control, will you pledge to develop and
implement a system that allocates discretionary spending based on
national priorities determined in an open fashion on a set of
established criteria? If not, please state why. If yes, please state
what steps you intend to take and a timeframe for their implementation.
I believe that, as NHTSA Administrator, it is my responsibility to
align the people and financial resources made available to the agency
with the highest priority highway safety problems. My understanding is
that NHTSA has been a leader in incorporating the provisions of the
Government Performance and Results Act (GPRA) into their budget
development. As such, there is a roadmap linking budget expenditures to
expected improvements in highway safety. I will use this roadmap as a
starting place, but I intend to review completely NHTSA's safety goals,
policies, and program strategies to assure that the most efficient and
effective use of resources is made. In striving to achieve our goals, I
will act to the greatest extent feasible in an open and inclusive
manner, and will include the many partners and stakeholders in reducing
the deaths and injuries resulting from traffic crashes. I intend to
complete a review of NHTSA's programs, priorities, and strategies
within 6 months of being confirmed as Administrator. I look forward to
sharing the results of this review with the Committee as a basis for
developing future legislative initiatives.
The Chairman. Dr. Runge, thank you very much. With
permission of my colleagues, we will withhold questions until
we have heard from all of the nominees. Next we will hear from
Nancy Victory, who has been nominated by President Bush to be
Assistant Secretary of Commerce for Communications and
Information. Ms. Victory, you are welcome to introduce any of
your family who have accompanied you today.
Ms. Victory. Yes. I actually do have a crew in the
audience. I'd like to thank them for supporting me and taking
time out of the their busy lives to be here with me today.
First, behind me, let me introduce my parents, Faith and Jim
Victory, who have flown down from New York for the occasion.
Next to them is my husband's godchild, Lindsay Hicks, who is a
sophomore at the University of Texas. She happens to be
visiting with us this week. Next to Lindsay is my stepson, Mike
Senkowski, who is a senior at the Bullis School here in
Potomac. Behind me is Nikki Senkowski, one of my stepdaughters,
who is a sophomore at the College of Holy Cross. Her elder
sister, Jennifer, unfortunately could not be here today because
of work, but I am sure she is with me in spirit. And then,
finally, let me recognize my husband, Mike Senkowski, who has
been just a great support during this whole process. Thank you.
The Chairman. We thank all of you for being here.
STATEMENT OF NANCY VICTORY, NOMINEE TO BE ASSISTANT SECRETARY
OF COMMERCE FOR COMMUNICATIONS
AND INFORMATION
Ms. Victory. Thank you very much Senator Dorgan, Senator
Burns, and Senator Allen for those wonderful remarks. I
appreciate all of you taking time to meet with me during the
last couple of days and sharing your thoughts and concerns
regarding U.S. telecommunications policy and the role of the
National Telecommunications and Information Administration. I
look forward to that continuing dialog, if confirmed. I am
truly honored to be here today as the President's nominee to be
the Assistant Secretary of Commerce for Communications and
Information. I am humbled yet extremely excited about the
challenges ahead. I know they are many. I am committed to do
all I can to live up to the confidence that the President and
Secretary Don Evans have placed in me, and I very much look
forward to working with this Committee if confirmed. I do have
a prepared statement for the record which I'd like to submit. I
would also be happy to entertain your questions.
[The prepared statement and biographical information of Ms.
Victory follow:]
Prepared Statement of Nancy J. Victory
Mr. Chairman, Senator McCain and members of the Committee, it is a
tremendous privilege to have the opportunity to appear before you
today. I have had the pleasure of speaking with several of you over the
past 10 days. I very much appreciate so many of you taking the time
during this busy period before recess to share your thoughts and
concerns with me regarding U.S. telecommunications policy and the role
of the National Telecommunications and Information Administration. I
look forward to that continuing dialog, if I am confirmed.
I am deeply honored to have been nominated by the President to be
the Assistant Secretary of Commerce for Communications and Information.
I am humbled, yet extremely excited, about the many challenges that lie
ahead. I am also committed to do my all to live up to the confidence
the President and Commerce Secretary Don Evans have placed in me.
Communications and information form the critical infrastructure
upon which our country's future growth and our citizenry's future
opportunities depend. The telecommunications highways and the content
that they deliver are the keys to advances in education, the creation
of jobs and U.S. competitiveness in global commerce. The challenge
ahead is to ensure that the highways are open to all Americans and that
their full potential is harnessed for the common good.
As you know, we are facing increasing demands for increasingly
scarce spectrum. The lessons of past spectrum successes is that the
birth of band plans for new technologies is a complex process that
requires patience, creativity and give-and-take. In the ongoing 3G
deliberations, we have wireless companies seeking a home for next
generation wireless services; Federal users with the mission critical
responsibilities for defending our country; and, incumbent licensees of
both commercial and Federal spectrum. Our ability to reach an outcome
serving the interests of the country as a whole will depend upon the
willingness of all interested parties to engage in a constructive
process of consultation, collaboration and compromise. If confirmed,
you have my commitment to work with Congress, Chairman Powell, the
Department of Defense and the industry to fashion a ``win-win-win''
outcome--a win for wireless U.S. commerce, a win for the defense of our
country, and a win for the public we all seek to serve.
With respect to broadband services, we face an equally daunting
conundrum. There are hundreds of thousands of miles of broadband
``pipes'' lying underutilized across the country. The on-ramps and off-
ramps for the worldwide web are spigots that need to be opened to the
home as well as to the office. If confirmed, you have my commitment to
work with all interested parties, consumer groups and the Congress to
build an environment of stability, predictability and certainty that
encourages investments in the construction, deployment and provision of
new technologies and services. Here again, the goal would be a ``win-
win-win'' outcome rather than the picking of winners and losers.
Communications and information, of course, are not just domestic
highways. They are the links between us and the world. If confirmed, I
would direct particular attention to exploring ways to improve the
preparation, advocacy and acceptance of important national concerns on
the international stage. I believe that a close working relationship
among NTIA, the State Department and the FCC is a necessity for all
concerned.
Last, but not least, there is the goal of ensuring that all
Americans participate in the opportunities and benefits of
communications and information. This includes reaching out to rural
areas; reaching out to minorities; and, reaching out to the
disadvantaged. If confirmed, I look forward to working with Congress
and members of this Committee in a common effort to bring uncommon
benefits to the public.
In closing, let me once again emphasize my appreciation for the
opportunity to serve my country. Although I am humbled by the
challenges in front of me, I look forward with great eagerness to the
opportunity to serve the President and Secretary Evans and to work with
the distinguished members of this Committee in the days ahead.
Again, thank you for the opportunity to be here today. I would be
happy to answer any questions you might have for me.
______
A. BIOGRAPHICAL INFORMATION
1. Name: Nancy Jane Victory.
2. Position to which nominated: Assistant Secretary of Commerce far
Communications and Information.
3. Date of nomination: June 26, 2001.
4. Address: Home: 9559 Bell Drive, Great Falls, VA 22066; office:
Wiley, Rein & Fielding, 1776 K Street NW., Washington, DC. 20006.
5. Date and place of birth: July 19, 1962, New York, NY.
6. Marital status: Married to Ray Michael Senkowski.
7. Names and ages of (step)children: Jennifer Lynn Senkowski, age
23; Nichole Rae Senkowski, age 18; Raymond Michael Senkowski, age 17.
8. Education: Georgetown University Law Center, Washington, DC; JD
cum laude awarded May 1988 (attended 8/85-5/88); Princeton University,
Princeton, NJ; BA awarded June 1984 (attended 9/80-6/84); Garden City
High School, Garden City, NY, high school diploma awarded June 1980
(attended 9/76-6/80).
9. Employment record: Partner, Wiley, Rein and Fielding,
Washington, DC (1/96-present); formerly Associate (1/89-12/95) and
Summer Associate (6/87-8/87); Volunteer, Henry Viscardi School,
Albertson, NY (9/88-12/88); Law Intern, Nassau County Surrogate's
Court, Mineola, NY (6/86-8/86); Legal Assistant, Long Island Trust Co.,
Garden City, NY (2/85-8/85); Legal Assistant, Nixon, Hargrave, Devans &
Doyle, New York, NY (11/84-12/84).
10. Government experience: None other than as listed above.
11. Business relationships: Partner, Wiley, Rein & Fielding
(terminated before entering government service); Director, Jim Victory
Television, Inc. (until 12/00, when company was dissolved).
12. Memberships: American Bar Association; District of Columbia
Bar; New York Bar; Federal Communications Bar Association; Lowes Island
Golf Club, Sterling, VA; The Tower Club, Tyson's Corner, VA.
13. Political affiliations and activities: (a) List all offices
with a political party which you have held or any public office for
which you have been a candidate: None.
(b) List all memberships and offices held in and services rendered
to all political parties or election committees during the last 10
years: None.
(c) Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years: Friends of George Allen--
$1000 on 10/5/00; Bush for President, Inc.--$1000 on 5/30/00; McCain
for Senate `98--$500 on 11/4/98; Friends of John Warner 1996
Committee--$500 on 10/15/96; Friends of Larry Pressler--$1000 on 2/20/
95.
14. Honors and awards: While at Georgetown University Law Center:
cum laude JD; The Georgetown Law Journal; Lawyer's Co-operative
Publishing Prize; Dean's List. While at Princeton University: Honors in
American Studies Program.
15. Published writings: Antenna and Tower Site Compliance Handbook,
authored with Thomas Dombrowsky (May 2000) [appears on Wiley, Rein &
Fielding website, http://www.wrf com].
16. Speeches: The following speech on telecommunications issues,
delivered during the last 5 years and of which I have a copy, is
attached as Attachment A: ``FCC/FAA Antenna Structure Requirements:
What Do You Need to Know?''; PCIA Tower and Site Management 2000 (May
18, 2000).
17. Selection: (a) Do you know why you were chosen for this
nomination by the President? I hope that I was chosen for the position
because the President found that my experience in the
telecommunications industry and my personal skills, intellectually and
interpersonally, would enable me to tackle successfully the complex
telecommunications policy issues that have arisen and will continue to
arise.
(b) What do you believe in your background or employment experience
affirmatively qualifies you or this particular experience? I have had
the benefit for the last 12 years of working on a tremendous variety of
telecommunications matters at the Washington law firm of Wiley, Rein &
Fielding. I have substantial expertise in wireless and satellite
issues, including spectrum allocation, licensing, and compliance. Some
of my recent projects in this area have ranged from domestic and
international spectrum allocation issues for a new wireless service to
regulatory issues surrounding the privatization of a global satellite
company. My experience also includes cellular and PCS spectrum
allocation issues, spectrum cap restrictions, microwave spectrum
relocation issues, designated entity qualifications, E-911 and CALEA
requirements, and NEPA matters. I am also familiar with the issues
surrounding telecommunications mergers, having served as counsel for
numerous transactions, ranging from relatively small asset transfers to
some of the largest and most complex industry mergers. In addition, I
am also familiar with the legislative process, having provided
legislative counsel support to the firm's government affairs group with
respect to various pieces of legislation, including portions of the
Telecommunications Act of 1996.
B. FUTURE EMPLOYMENT RELATIONSHIPS
1. Will you sever all connections with your present employers,
business firms, business associations or business organizations if you
are confirmed by the Senate? Yes, except that I plan to continue to
retain my financial interests in two existing contribution pension
plans administered by KeyTrust for the Wiley, Rein & Fielding
retirement plan. However, no further contributions would be made to
either plan.
2. Do you have any plans, commitments or agreements to pursue
outside employment, with or without compensation, during your service
with the government? No.
3. Do you have any plans, commitments or agreements after
completing government service to resume employment, affiliation or
practice with your previous employer, business firm, association or
organization? No.
4. Has anybody made a commitment to employ your services in any
capacity after you leave government service? No.
5. If confirmed, do you expect to serve out your full term or until
the next Presidential election, whichever is applicable? Yes.
C. POTENTIAL CONFLICTS OF INTEREST
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients and customers.
Until recently, I was an equity partner of Wiley, Rein & Fielding,
a Washington, DC law firm. Pursuant to the terms of the firm's
partnership agreement, my capital contribution will be returned to me
within 12 months of withdrawing from the partnership. I will also
receive the balance of my partnership shares for the period January 1,
2001 to my withdrawal date on January 10, 2002 (three-quarters) and
April 10, 2002 (one-quarter). I will continue to retain my financial
interests in two existing contribution pension plans administered by
KeyTrust for the firm's retirement plan. However, no further
contributions would be made to either plan. These arrangements have
been listed on my Financial Disclosure Report, which the Office of the
General Counsel of the U.S. Department of Commerce has certified. I
will have no continuing financial arrangements, agreements or dealings
with clients or customers.
2. Indicate any investments, obligations, liabilities, or other
relationship which could involve potential conflicts of interest in the
position to which you have been nominated.
I currently have stock interests in several telecommunications
companies, which I will be divesting. In addition, my husband has a
continuing relationship with Wiley, Rein & Fielding. Attached as
Attachment B is an Agreement that I have entered into with the
Department of Commerce to resolve any potential conflicts of interest
that might arise, primarily through divestiture of any
telecommunications interests and a change in my husband's status with
the firm. It is my understanding that the Office of the General Counsel
of the Department of Commerce, the Office of Government Ethics, and the
White House Counsel's Office have found that this agreement resolves
any potential conflicts of interest.
3. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
As indicated above, I have previously served as a partner in a law
firm. I have now resigned from the firm. The agreement attached as
Attachment B indicates further actions I will take to resolve any
potential conflicts of interest that might arise from my past practice,
primarily through recusals. It is my understanding that the Office of
the General Counsel of the Department of Commerce, the Office of
Government Ethics, and the White House Counsel's Office have found that
this agreement resolves any potential conflicts of interest. Further,
the limited recusals to which I have agreed to be subject will not
significantly affect my ability to serve in this position should the
Senate confirm my nomination.
4. Describe any activity during the past 10 years in which you have
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.
During the last 10 years, I have had occasion to assist the firm's
government affairs group on several legislative matters. My role was
that of legislative counsel, providing statutory interpretation,
drafting potential amendments, and explaining the legal ramifications
of proposed language. On several occasions, I also accompanied members
of the government affairs group to meetings with Members of Congress
and/or their staff in order to clarify language or explain the legal
ramifications of various proposals. The legislative matters I worked on
included:
Telecommunications Act of 1996--I worked on the following issues in
connection with the various legislative proposals that culminated in
the Act: modification of broadcast ownership rules; provision of
telemessaging services by local exchange carriers; Bell Operating
Company entry into manufacturing; elimination of foreign officer and
director limitation in Section 310(b) of the Communications Act;
modification of foreign ownership restrictions on common carrier
licenses; allocation of non-auctioned spectrum for private, non-
commercial use; infrastructure sharing provisions; tower siting
provisions; radio telegraphy requirement for Global Maritime Distress
and Safety System-equipped ships; Balanced Budget Act of 1997--I worked
on the issue of retaining tax certificates for relocation of microwave
users out of their original spectrum.
During the last 10 years, I have also represented clients on a wide
variety of matters before the FCC, including broad policy matters in
rulemaking proceedings and notices of inquiry. My involvement in such
matters has generally involved legal analysis of regulatory proposals,
drafting pleadings filed in the record, and attending meetings with the
FCC Commissioners, their staff and/or the staff of the relevant bureau.
My activities in this area have primarily been on behalf of wireless
and satellite service providers and involved issues such as spectrum
allocation, licensing requirements, auction procedures, relocation
issues, spectrum cap and cross-ownership restrictions, and various
other issues such as E-911, CALEA, etc.
5. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
The agreement attached as Attachment B sets forth specifically how
I intend to resolve any potential conflicts of interest. It is my
understanding that the Office of the General Counsel of the Department
of Commerce, the Office of Government Ethics, and the White House
Counsel's Office have found that this agreement satisfactorily resolves
any potential issues in this area. Further, the limited recusals to
which I have agreed to be subject will not significantly affect my
ability to serve in this position should the Senate confirm my
nomination. On a going-forward basis, I intend to continue to consult
with the ethics officials at the Department of Commerce and, if
appropriate, divest myself of any new conflicting interests, recuse
myself or obtain a conflict of interest waiver under 18 U.S.C. 208(b)
if the interest is not substantial.
6. Do you agree to have written opinions provided to the Committee
by the designated agency ethics officer of the agency to which you are
nominated and by the Office of Government Ethics concerning potential
conflicts of interest or any legal impediments to your serving in this
position?
Yes.
D. LEGAL MATTERS
1. Have you ever been disciplined or cited for a breach of ethics
for unprofessional conduct by, or been the subject of a complaint to
any court, administrative agency, professional association,
disciplinary committee, or other professional group? No.
2. Have you ever been investigated, arrested, charged or held by
any Federal, State, or other law enforcement authority for violation of
any Federal, State, county, or municipal law, regulation, or ordinance,
other than a minor traffic offense? No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in interest in an administrative agency
proceeding or civil litigation? No, except for the following: During
the spring of 1995, my husband and I sued our cable provider, Media
General Cable, in Virginia General District Court, Fairfax County, VA,
for property damage. The case was settled before trial.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? No.
5. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be considered in
connection with your nomination. None.
E. RELATIONSHIP WIITH COMMITTEE
I. Will you ensure that your department/agency complies with
deadlines set by congressional committees for information? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing this committee with requested
witnesses, to include technical experts and career employees with
firsthand knowledge of matters of interest to the committee? Yes.
4. Please explain how you will review regulations issued by your
department/agency, and work closely with Congress, to ensure that such
regulations comply with the spirit of the laws passed by Congress.
If confirmed, I will put in place a process for the timely and
thorough review of any and all regulations issued by NTIA, prior to
their adoption, to ensure they comply with the letter and spirit of the
laws passed by Congress. I will also establish a policy of open and
frequent communication between NTIA and Congress.
5. Describe your department's current mission, major programs, and
major operational objectives.
NTIA is the President's principal advisor on telecommunications and
information policy issues. Working in conjunction with other agencies,
NTIA helps to shape the Administration's position on telecommunications
issues and represents the Administration in domestic and international
telecommunications policy activities. NTIA is also responsible for
managing the Federal Government's use of spectrum; administering
several grants programs related to telecommunications (principally,
infrastructure grants to facilitate the access to telecommunications
services by all Americans and facilities grants to maintain and extend
the public broadcasting infrastructure); and conducting research on
technical telecommunications issues, including standards-setting. In
its 2000 Annual Report, NTIA articulated four goals to shape its
operational efforts: (1) promote open markets and encourage
competition; (2) ensure spectrum provides the greatest benefit to all
people; (3) advance the public interest in telecommunications, mass
media and information; and (4) promote the availability and sources of
advanced telecommunications and information services.
6. 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.
F. GENERAL QUALIFICATIONS AND VIEWS
1. How have your previous professional experience and education
qualified you for the position for which you have been nominated?
I believe that the position for which I have been nominated serves
a dual role--advising the President and the Secretary on a wide variety
of complex communications issues while also serving as administrator of
a substantial governmental organization. I believe that my previous
professional and educational experiences have well qualified me for
both of these roles.
As a practicing communications lawyer for over 12 years, I have had
an opportunity to work on a wide variety of communications regulatory
matters. Although the focus of my practice has been on wireless and
domestic and international satellite issues (particularly spectrum
allocation, licensing, and compliance), I am also familiar with the
major regulatory issues facing broadcasters, cable operators, and
competing and incumbent local exchange carriers. My experience has also
helped me to be conversant with the legislative process, having
provided legislative counsel support to the firm's government affairs
group with respect to various pieces of legislation, including portions
of the Telecommunications Act of 1996. This familiarity with the issues
facing the communications industry should facilitate my ability to
contribute immediately and meaningfully in my appointed position, if
confirmed.
My educational background should additionally serve me well in
tackling the thorny issues I will likely face in my new position.
During law school, along with the standard curriculum, I studied
communications law. I also learned helpful problem solving skills in
both my undergraduate and law school classes. Finally, during my years
in private practice, I have had an opportunity to observe and develop
organizational management skills, as well as to serve in management of
a 200-lawyer law firm.
2. Why do you wish to serve in the position for which you have been
nominated?
Communications and information technologies have become
increasingly important components of all Americans' lives, as well as
of our nation's economy. Ensuring all Americans access to
communications and information services, the fostering of new
technologies, and the continued health and growth of the communications
and information industries is essential to our nation's global
competitiveness. Yet, in this era of spectrum scarcity, technological
convergence, and increased competition from abroad, the challenges in
maintaining our nation's progress in this area are significant. I can
think of no better way to use my skills and experience than to enter
government service.
3. What goals have you established for your first 2 years in the
position, if confirmed?
If confirmed, I would strive: To facilitate the availability of
advanced communications service to all Americans, particularly the
availability of broadband services; To increase the United States'
competitiveness in the global communications marketplace, by advancing
policies that facilitate investment in the communications industry,
create jobs, and provide marketplace opportunities; To assist in
formulating policies and procedures to improve coordination and sound
spectrum management that finds the appropriate balance between
government and commercial spectrum needs.
4. What skills do you believe you may be lacking which may be
necessary to successfully carry out this position? What steps can be
taken to obtain those skills?
If I an confirmed this will be my first entry into Federal
Government service. As a private attorney, I have not previously been
privy to an inside view of the regulatory and legislative processes,
nor have I been involved in the behind-the-scenes interaction among
NTIA, Congress, and the other executive branch departments who
collaborated on the formation of domestic and global communications
policy. Fortunately, the NTIA staff includes a number of individuals
experienced in such matters. I look forward to drawing upon their
knowledge as I gain experience on these procedural and jurisdictional
issues.
5. Who are the stakeholders in the work of this agency?
Federal Government users of spectrum, private users of spectrum and
Congress are all stakeholders in NTIA's activities. However, American
consumers are the ultimate stakeholders in the work of NTIA.
6. What is the proper relationship between your position, if
confirmed, and the stakeholders identified in question No. 5?
The stakeholders are an essential source of input and information.
If confirmed, I will be a fair and impartial decisionmaker who takes
the stakeholders' views into account in formulating my positions on
issues.
7. The Chief Financial Officers Act requires all government
departments and agencies to develop sound financial management
practices similar to those practiced in the private sector. (a) What do
you believe are your responsibilities, if confirmed, to ensure that
your agency has proper management and accounting controls? If
confirmed, I will also work to ensure that NTIA complies with all of
its legal obligations, including the Chief Financial Officers Act. In
particular, I will work with the Commerce Department's Chief Financial
Officer to ensure that NTIA employs effective management and accounting
controls and procedures.
(b) What experience do you have in managing a large organization?
As noted above, during my years in private practice, I have had an
opportunity to observe and develop the skills to manage a substantial
organization. As a partner in a 200-lawyer law firm, I regularly
managed large projects, coordinating and motivating the efforts of
other attorneys and legal professionals. I have also been extremely
involved in the overall management of the firm. Until my recent
withdrawal from the firm, I was the chair of the firm's Recruiting
Committee, an elected member of the Management Committee, and a member
of the firm's Long Range Planning Committee.
8. The Government Performance and Results Act requires all
government departments and agencies to identify measurable performance
goals and to report to Congress on their success in achieving these
goals. (a) Please discuss what you believe to be the benefits of
identifying performance goals and reporting on your progress in
achieving those goals. Identifying performance goals and reporting on
the progress toward achieving them forces the establishment of
priorities and deadlines, while promoting efficiencies and creating
accountability. In short, this process compels the use of good
management skills and ensures accountability to Congress, the Secretary
of the Department, and the taxpaying public.
(b) What steps should Congress consider taking when an agency fails
to achieve its performance goals? Should these steps include the
elimination, privatization, downsizing or consolidation of departments
and/or programs? Ideally, Congress and an agency should maintain
continuous communication so steps can be taken to avoid an agency's
absolute failure of performance. However, when goals are not achieved,
it is important to figure out why (i.e., lack of leadership,
insufficient resources, unrealistic goals, forces beyond the agency's
control) and address those causes directly. If an agency repeatedly
fails to perform or its mission is significantly reduced or deemed no
longer necessary, it may be appropriate to eliminate, downsize,
consolidate or privatize it or its programs.
(c) What performance goals do you believe should be applicable to
your personal performance, if confirmed?
If I am confirmed, I believe the following goals should be
applicable to my personal performance: my ability to establish a high
quality team drawing from existing personnel and newly hired
individuals; my organization's responsiveness to the Administration's
and Congress' goals and objectives; and timely and principled
decisionmaking.
9. Please describe your philosophy of supervisor/employee
relationships. Generally, what supervisory model do you follow? Have
any employee complaints been brought against you?
I believe the supervisor/employee relationship should be
cooperative and collaborative. It is the supervisor's responsibility to
motivate and bring out the best in their employees. I believe this can
best be achieved in an environment that fosters teamwork, where an
employee's achievements are recognized and shortcomings are
constructively addressed. To my knowledge, I have never been the
subject of an employee complaint.
10. Describe your working relationship, if any, with Congress. Does
your professional experience include working with committees of
Congress? If so, please describe.
During the 1995-1997 timeframe, I acted as legislative counsel for
the firm's government affairs group on several legislative matters,
providing statutory interpretation, drafting potential amendments, and
explaining the legal ramifications of proposed language. During the
course of these activities, I on occasion met with Members of Congress
and/or their staff as well as staff of the Commerce Committee and
Finance Committee.
11. Please explain what you believe to be the proper relationship
between yourself, if confirmed, and the Inspector General of your
department/agency.
If confirmed, I would support the Inspector General and require all
in my organization to cooperate with any activities of the Inspector
General's office.
12. Please explain how you will work with this Committee and other
stakeholders to ensure that regulations issued by your department/
agency comply with the spirit of the laws passed by Congress.
If confirmed, I would work to establish open and frequent
communications with this Committee and its staff. I will be attentive
to the views expressed by Members of Congress and will seek out such
views for clarification when necessary.
13. In the areas under the department/agency's jurisdiction, what
legislative action(s) should Congress consider as priorities? Please
state your personal views.
If confirmed, I look forward to learning the Administration's and
Congress' legislative priorities. Where appropriate, I would be pleased
to provide my input on legislative initiatives.
14. Within your area of control, will you pledge to develop and
implement a system that allocates discretionary spending based on
national priorities determined in an open fashion on a set of
established criteria? If not, please state why? If yes, please state
what steps you intend to take and a timeframe for their implementation.
If confirmed, I will develop and implement a system that allocates
discretionary spending based on national priorities determined in an
open fashion on a set of established criteria. As required by the
General Performance and Results Act, I will provide Congress, the
Commerce Department and the Executive Office of the President with the
data and analysis required to determine the appropriate allocation of
resources to NTIA. I will also work with the Commerce Secretary and the
Administration to develop a strategic plan for NTIA.
The Chairman. Without objection, your entire statement will
be made part of the record. We thank you for your statement.
Next we will hear from Mr. Otto Wolff, nominee to be Assistant
Secretary of Commerce and Chief Financial Officer. Mr. Wolff,
if you have family with us, you are welcome to introduce them
at this time.
Mr. Wolff. I do at this time. Mr. Chairman, I'd like to
introduce my wonderful wife Jan, and my terrific kids, Jennifer
and Matthew.
The Chairman. Thank you very much. Welcome. You may
proceed, Mr. Wolff.
STATEMENT OF OTTO WOLFF, NOMINEE TO BE ASSISTANT SECRETARY OF
COMMERCE AND CHIEF FINANCIAL OFFICER
Mr. Wolff. Good afternoon, Mr. Chairman, Senator Burns,
Senator Allen. I am honored to be here today as President
Bush's nominee to be Chief Financial Officer and Assistant
Secretary for Administration at the U.S. Department of
Commerce. I want to take this opportunity to thank the
President and Secretary Evans for their confidence in me and I
want to thank you, too, Mr. Chairman and the Committee for
taking the time out during this busy week before the recess to
schedule this hearing.
If I am favorably reported and confirmed by this Committee
and confirmed by the Senate, I will work diligently to provide
support and to provide management tools to the employees in the
Department to enable them to better deliver their programs to
the American people. I pledge to work closely with the members
and staff of this Committee, the Appropriations Committees, and
other Members of Congress who have oversight responsibility for
the Department's programs. At this time, Mr. Chairman, in the
interest of saving some time, I would ask your permission to
submit my written statement for the record. I'd be pleased to
answer any questions you might have.
[The prepared statement and biographical information of Mr.
Wolff follow:]
Prepared Statement of Otto J. Wolff
Good afternoon Mr. Chairman and members of the Committee. I am
honored to appear before you as President Bush's nominee to serve as
the Chief Financial Officer and Assistant Secretary for Administration
(CFO/ASA) for the U.S. Department of Commerce. I would like to thank
the President and Secretary Evans for their confidence in me for this
position. And thank you, Mr. Chairman, for taking the time during this
busy pre-recess period to schedule this hearing.
In carrying out its mission of promoting U.S. business domestically
and abroad, the Commerce Department touches the lives of the nation's
people at a fundamental level on a daily basis. The CFO/ASA plays a
critical role in this effort by managing budgetary and human resources,
financial systems, real and personal property, grant and procurement
activities, security and other support services essential to carrying
out the Department's programmatic responsibilities.
President Bush has pledged to improve government service to the
American public. If reported favorably by this Committee and confirmed
by the Senate, I will do everything I can to ensure that these
administrative functions operate as efficiently and effectively as
possible to better enable the CFO/ASA organization to provide our many
stakeholders with the level and quality of service that they deserve.
If confirmed, I plan to concentrate on several key areas during my
tenure. First, it is essential that we maintain the proper
accountability for the expenditure of public funds. We must make
certain that our financial systems comply with all applicable law,
regulation and generally accepted Federal Government accounting
standards. We must strive to provide to our stakeholders reliable
management data to enable them to better oversee and manage our
programs.
Second, we need to improve our efforts to comply fully with the
spirit of the Government Performance and Results Act (GPRA). We need to
develop measurement criteria for program delivery that provide accurate
and meaningful indications of accomplishment.
Third, it is critical that we address the human capital challenges
in the workplace. With our aging workforce and shortages in critical
areas, it is essential that we aggressively meet the formidable
challenges in this area. We need to prepare now to make sure we are in
the position to effectively carry out our mission in the years ahead.
Fourth, the Department needs to assure that its many databases,
many of which are critical to the American people, are protected from
unauthorized access. If confirmed I will work collaboratively with the
Chief Information Officer to strengthen information technology security
throughout the Department.
Fifth and equally as important as any of the previous items, I
consider it essential to maintain excellent relations with this
Committee and others in Congress that are charged with appropriations
and oversight responsibilities of our programs. I pledge that if I am
confirmed I will work closely and diligently with Members and staff
toward our mutual goal of better service and effective program
delivery.
I was fortunate to have had the privilege to serve at the
Department of Commerce previously, having been hired by then-Secretary
Malcolm Baldrige in 1981 as special assistant. From 1983 to 1993, I
served as the Deputy Assistant Secretary for Administration. During
that period, I became familiar with the Department and its mission,
organization, and programs and the administrative requirements that cut
across bureau lines. More recently I served as a staffer on the House
Administration Committee where I was responsible for oversight of, and
policy direction for the House officers and the Inspector General. I
have a degree in finance and broad experience with financial systems
development and general administrative management and feel confident
that, if confirmed, I will be able to implement the change necessary to
meet the many challenges ahead. I am excited about the prospect of
being able to serve at the Department of Commerce and to work with your
Committee once again.
Thank you for the opportunity to appear before you today. I would
be pleased to respond to any questions that the committee may have.
______
A. BIOGRAPHICAL INFORMATION
1. Name: Otto J. Wolff.
2. Position to which nominated: Assistant Secretary of Commerce for
Administration and Chief Financial Officer.
3. Date of nomination:
4. Address: 4018 Whispering Lane, Annandale, VA 22003.
5. Date and place of birth: June 20, 1942, Buffalo, New York.
6. Marital status: (Include maiden name of wife or husband's name.)
Janis A. Wolff (nee Etter), wife.
7. Names and ages of children: (Include stepchildren and children
from previous marriages.) Jennifer Wolff, 22; Matthew Wolff, 18.
8. Education: (List secondary and higher education institutions,
dates attended, degree received and date degree granted.)
Thomas Dale HS, Chester VA, 1956 to 1960; Penn State, 1960 to 1964,
BS.
9. Employment record: (List all jobs held since college, including
the title or description of job, name of employer, location of work,
and dates of employment.)
U.S. Air Force Officer Candidate, Lackland AFB, TX, 1964 to 1965;
U.S. Air Force munitions/weapons maintenance officer trainee, Lowry
AFB, CO, 1965; U.S. Air Force special weapons and F-106 weapons systems
maintenance officer, Langley AFB, VA, 1965 to 1967; U.S. Air Force
munitions and F-100 and F-4 weapons systems maintenance officer, Tuy
Hoa Air Base, Republic of Vietnam, 1967 to 1968; U.S. Air Force officer
in charge of logistics for the special weapons stockpile, Hq USAFE,
Lindsey Air Station, Wiesbaden, Germany, 1968 to 1971; U.S. Air Force
Hq USAFE Inspector General Staff 1971 to 1972; U.S. Air Force
experimental weapons test officer, Eglin AFB, FL, 1972 to 1973;
Research department, Republican National Committee (RNC, Washington,
D.C., 1973 to 1974; Executive Assistant to the Co-Chairman, RNC, WDC,
1974 to 1976; Office of administrative services, RNC, WDC, 1976 to
1978; Director of Administration, Connelly for President national
campaign committee, Arlington VA, 1978 to 1979; Director of
Administration, Reagan-Bush national campaign committee, Arlington VA,
1979 to 1980; Deputy Executive Director, Reagan-Bush Inaugural, WDC
1980 to 1981; Special Assistant to the Secretary, U.S. Department of
Commerce, WDC, 1981 to 1983; Deputy Assistant Secretary for
Administration (and CFO), U.S. Department of Commerce, WDC 1983 to
1993; Management consultant, 1993 to 1994; Committee on House
Administration Staff, U.S. House of Representatives, WDC, 1994 to 2001;
Advisor to the Secretary, U.S. Department of Commerce, WDC 2001 to
present.
10. Government experience: Not applicable.
11. Business relationships: (List all positions held as an officer,
director, trustee, partner, proprietor, agent, representative, or
consultant of any corporation, company, firm, partnership, or other
business enterprise, educational or other institution.) Not applicable.
12. Memberships: (List all memberships and offices held in
professional, fraternal, scholarly, civic, business, charitable and
other organizations.)
Grace Episcopal Church Vestry, 1998 to 2001, Executive Committee
2000 to 2001; Grace Episcopal School Board Member, 1988 to 1994;
Treasurer, 1990 to 1992; Chairman, 1992 to 1994; Mason District Little
League Board, 1991 to 1994; Treasurer, 1993 to 1994; Forest Hollow
Civic Association, 1985 to Present; Forest Hollow Pool Board, 3 years
in the mid-1990s; Arlington Aquatic Club Boosters President, 1991 to
1992; Annandale High School PTA, 1992 to present; Annandale High School
Athletic Boosters, 1994 to present.
13. Political affiliations and activities: (a) List all offices
with a political party which you have held or any public office for
which you have been a candidate. Not applicable.
(b) List all memberships and offices held in and services rendered
to all political parties or election committees during the last 10
years.
I have been active in my precinct and other areas of Northern
Virginia in every general election for the past 10 years, including the
following: Bush-Cheney Presidential Campaign; Bush Presidential Primary
Campaign; Davis for Congress campaigns (all); Warner for Senate
Campaigns; Allen for Governor and Senate campaigns; Bush-Quayle
reelection campaign; Gilmore for Governor campaign.
(c) Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years.
None.
14. Honors and awards: (List all scholarships, fellowships,
honorary degrees, honorary society memberships, military medals and any
other special recognitions for outstanding service or achievements.)
U.S. Air Force Meritorious Service Medal; National Defense Service
Medal; Vietnam Service Medal; Republic of Vietnam Campaign Medal;
Presidential Unit Citation; Air Force Outstanding Unit Award; Air Force
Commendation Medal; Air Force Achievement Medal.
15. Published writings: (List the titles, publishers, and dates of
books, articles, reports, or other published materials which you have
written.) None.
16. Speeches: Provide the Committee with two copies of any formal
speeches you have delivered during the last 5 years which you have
copies of on topics relevant to the position for which you have been
nominated. None.
17. Selection: (a) Do you know why you were chosen for this
nomination by the President?
Because of my reputation as a good manager, my extensive financial
and administrative background and my previous experience at the U.S.
Department of Commerce as deputy to the position for which I seek
confirmation.
(b) What do you believe in your background or employment experience
affirmatively qualifies you for this particular appointment?
I believe that in addition to my long years of service in the
administrative management area, and my experience at the Department of
Commerce during both the Reagan and Bush Administrations in the job
that is the line deputy to the CFO and Assistant Secretary for
Administration uniquely qualifies for this position. Also, I served for
6 years on the Committee on House Administration with the House of
Representatives where my responsibilities included providing policy
direction and oversight to the Officers of the House including the
Clerk, Chief Administrative Officer, Sergeant at Arms and the Inspector
General. The House received its first and subsequent ``clean'' audit
opinions during my watch. In addition, I have a degree in finance with
accounting and economics minors, coupled with extensive financial
systems development experience that will serve as a solid base as I
face the challenges of modernizing the financial systems of the
Department.
B. FUTURE EMPLOYMENT RELATIONSHIPS
1. Will you sever all connections with your present employers,
business firms, business associations or business organizations if you
are confirmed by the Senate? I have done so already. I serve as advisor
to Secretary Evans at the present time.
2. Do you have any plans, commitments or agreements to pursue
outside employment, with or without compensation, during your service
with the government? If so, explain. No.
3. Do you have any plans, commitments or agreements after
completing government service to resume employment, affiliation or
practice with your previous employer, business firm, association or
organization? No.
4. Has anybody made a commitment to employ your services in any
capacity after you leave government service? No.
5. If confirmed, do you expect to serve out your full term or until
the next Presidential election, whichever is applicable? That is my
intention.
C. POTENTIAL CONFLICTS OF INTEREST
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients or customers. None.
2. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated. None.
3. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated. None.
4. Describe any activity during the past 10 years in which you have
engaged for the purpose of directly or indirectly influencing the
passage, defeat or modification of any legislation or affecting the
administration and execution of law or public policy. None, other than
the duties performed as a committee staffer with the U.S. House of
Representatives.
5. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items. (Please provide a copy of any trust or other agreements.) Not
applicable.
6. Do you agree to have written opinions provided to the Committee
by the designated agency ethics officer of the agency to which you are
nominated and by the Office of Government Ethics concerning potential
conflicts of interest or any legal impediments to your serving in this
position? Yes.
D. LEGAL MATTERS
1. Have you ever been disciplined or cited for a breach of ethics
for unprofessional conduct by, or been the subject of a compliant to
any court, administrative agency, professional association,
disciplinary committee, or other professional group? If so, provide
details. No.
2. Have you ever been investigated, arrested, charged or held by
any Federal, State, or other law enforcement authority for violation of
any Federal, State, county, or municipal law, regulation or ordinance,
other than a minor traffic offense? If so, provide details. No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in interest in an administrative agency
proceeding or civil litigation? If so, provide details. No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? No.
5. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be considered in
connection with your nomination. None.
E. RELATIONSHIP WITH COMMITTEE
1. Will you ensure that your department/agency complies with
deadlines set by congressional committees for information? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the committee with requested
witnesses, to include technical experts and career employees with
firsthand knowledge of matters of interest to the committee? Yes.
4. Please explain how you will review regulations issued by your
department/agency, and work closely with Congress, to ensure that such
regulations comply with the spirit of the laws passed by Congress.
To the extent that my job would involve the review of regulations I
would in consultation with legal counsel do everything possible to
ensure that they comply with every applicable law. In addition, in
those cases where congressional intent is unclear I would request that
every effort be made to make that determination as accurately as
possible through legislative research and consultation with applicable
committees.
5. Describe your department/agency's current mission, major
programs, and major operational objectives.
Broadly defined, the mission of the Department of Commerce is to
help create a climate that fosters job creation and an improved
standard of living for American citizens; measure and analyze societal
and economic activities; and to advance our nation's science and
technology. The office of the CFO and Assistant Secretary for
Administration is responsible for supporting that mission in a way that
encourages first class service to the Department's many stakeholders.
It is its responsibility to assure effective program delivery through
the management of fiscal resources, developing and maintaining a
skilled, flexible workforce and through the creative use of technology.
6. 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.
F. GENERAL QUALIFICATIONS AND VIEWS
1. How have your previous professional experience and education
qualified you for the position for which you have been nominated?
I believe that in addition to my long years of service in the
administrative management area, and my experience at the Department of
Commerce during both the Reagan and Bush Administrations in the job
that is the line deputy to the CFO and Assistant Secretary for
Administration uniquely qualifies me for this position. Also, I served
for 6 years on the Committee on House Administration with the House of
Representatives where my responsibilities included providing policy
direction and oversight to the Officers of the House including the
Clerk, Chief Administrative Officer, Sergeant at Arms and the Inspector
General. The House received its first and subsequent ``clean'' audit
opinions during my watch. In addition, I have a degree in finance with
accounting and economics minors coupled with extensive financial
systems development experience that will serve as a solid base as I
face the challenges of modernizing the financial systems of the
Department.
2. Why do you wish to serve in the position for which you have been
nominated?
To help promote the priorities of the President, the Secretary and
the Department.
3. What goals have you established for your first 2 years in this
position, if confirmed?
At this point I am still learning about the management needs of the
Department through briefings, discussions, reading and review of GAO
and Inspector General findings. If confirmed, I will belaying out my
goals for the office of the CFO/ASA with specificity as soon as input
from the internal staff and all the stakeholders has been received and
synthesized. However, my initial thoughts along these lines lead me
toward the following general areas where our collective efforts must be
concentrated: Improve financial management to assure full compliance
with all laws and regulations, maintain a ``clean'' audit opinion,
strengthen internal controls, and to provide management with the sound
financial data they need to run their program areas effectively; In
conjunction with the Chief Information Officer of the Department strive
for a model information security system department-wide; Improve the
Department's strategic planning and performance measurement process;
Aggressively address the severe human capital challenges facing the
department; Strive to maintain excellent working relationships with our
Senate and House committees and the Congress in general; Review and
reform where necessary the procurement practices of the Department.
4. What skills do you believe you may be lacking which may be
necessary to successfully carry out this position? What steps can be
taken to obtain those skills?
While I believe that I already possess the skills that are required
to carry out the responsibilities of this position, should I discover
that there is a need for additional training I would take action
immediately to rectify the situation.
5. Please discuss your philosophical views on the role of
government. Include a discussion of when you believe the government
should involve itself in the private sector, when should society's
problems be left to the private sector, and what standards should be
used to determine when a government program is no longer necessary.
The U.S. Government has an essential role in the affairs of the
nation. However, its role must be tempered by common sense and Federal
programs must be continually reviewed to assure that they are best
serving the needs of the American people.
6. In your own words, please describe the agency's current
missions, major programs, and major operational objectives.
Broadly defined, the mission of the Department of Commerce is to
help create a climate that fosters job creation and an improved
standard of living for American citizens; measure and analyze societal
and economic activities; and to advance our nation's science and
technology. The office of the CFO and Assistant Secretary for
Administration is responsible for supporting that mission in a way that
encourages first class service to the Department's many stakeholders.
It is its responsibility to assure effective program delivery through
the management of fiscal resources, developing and maintaining a
skilled, flexible workforce and through the creative use of technology.
7. In reference to question No. 6, what forces are likely to result
in changes to the mission of this agency over the coming 5 years?
The mission of the office of the CFO/ASA in unlikely to change, but
programmatic changes brought about by Congressional and Presidential
directive may refocus its support efforts. This office needs to be ever
ready to respond to the needs of its stakeholders.
8. In further reference to question No. 6, what are the likely
outside forces which may prevent the agency from accomplishing its
mission? What do you believe to be the top three challenges facing the
department/agency and why?
The single most challenging outside force that will affect the
office of the CFAIASA's ability to perform its mission is the
management of the workforce in an era of budget restraints and
shortages of some skill sets in the workforce. Second, implementing a
single integrated Department-wide financial system will require a huge
investment of time and resources. Third, protecting our automated
systems from outside threats must be addressed aggressively.
9. In further reference to question No. 6, what factors in your
opinion have kept the department/agency from achieving its missions
over the past several years?
While I have no detailed knowledge at this point in my tenure, it
seems that budgetary restraints and workforce skill shortages have had
an effect on program delivery.
10. Who are the stakeholders in the work of this agency?
The Secretary, Deputy Secretary, bureau heads, the 36,000 employees
of the Department, the OMB, Congress and the American people.
11. What is the proper relationship between your position, if
confirmed, and the stakeholders identified in question No. 10?
If confirmed, I would listen carefully to the input of the
sometimes-competing interests of the various stakeholders, weigh their
concerns and arrive at fair and cost effective conclusions. I would do
my utmost to support those responsible for program delivery in doing
their jobs and would work with the Inspector General to eliminate
waste, fraud and abuse in the Department.
12. The Chief Financial Officers Act requires all government
departments and agencies to develop sound financial management
practices similar to those practiced in the private sector. (a) What do
you believe are your responsibilities, if confirmed, to ensure that
your agency has proper management and accounting controls? As CFO the
responsibility for compliance with all applicable laws, regulations and
accounting standards, and implementation of compliant, effective
internal controls would rest with me. While the management of the
Department is a shared and decentralized endeavor, it would be my
responsibility to make sure that the line management in the bureaus had
the tools necessary to effectively manage their operations. I would
need to work closely with the Inspector General, the Congress, the GAO
and the central management agencies toward more effective management of
this vast workforce and its other resources.
(b) What experience do you have in managing a large organization?
I was deputy to the position I seek for about 10 years under
previous administrations. This was a line management job with broad
ranging responsibilities across the entire Department. In addition, I
was responsible for overseeing the administrative operations of the
U.S. House of Representativesfor 6 years. Prior to that I had
nationwide responsibilities for administrative management for two
Presidential campaigns.
13. The Government Performance and Results Act requires all
government departments and agencies to identify measurable performance
goals and to report to Congress on their success in achieving these
goals. (a) Please discuss what you believe to be the benefits of
identifying performance goals and reporting on your progress in
achieving those goals.
The identification of performance goals and the measurement of
progress against plan is more than a benefit, it is absolutley
essential to effective management of any program. The true benefits are
reaped in the form of effective program delivery.
(b) What steps should Congress consider taking when an agency fails
to achieve its performance goals? Should these steps include the
elimination, privatization, downsizing or consolidation of departments
and/or programs?
The first thing that should occur is to delve into the reasons that
performance goals were not reached. If the failure can be attributed to
poor performance of those responsible for program delivery appropriate
corrective action should be taken up to and including termination. If
there are other factors that have caused or contributed to the failure,
both management and the appropriate committees need to be involved.
Reports should be requested, hearings held and appropriate directive
provided in bill and report language. Obviously, more severe
repercussions to include program termination are available to the
Congress and should be exercised if other measures fail.
(c) What performance goals do you believe should be applicable to
your personal performance, if confirmed?
My performance should be measured by how effectively I meet the
needs of my customers or stakeholders. Many of the specific objectives
will change, but the core goals of effective product delivery in the
most efficient manner at the least cost to the taxpayer lie at the
heart of what should be expected of my performance. Attainment of
goals, constructed in a collaborative way with stakeholders and
employees should be the bottom line measure.
14. Please describe your philosophy of supervisor/employee
relationships. Generally, what supervisory model do you follow? Have
any employee complaints been brought against you?
My general philosophy is to clearly define what is expected of
employees, and hold them to established objectives as laid out in their
performance plans.
No complaints have been brought against me.
15. Describe your working relationship, if any, with the Congress.
Does your professional experience include working with committees of
Congress? If yes, please describe.
As a longtime Washington hand and a recent alumnus of a staff of
the House of Representatives I know well the essentiality of
maintaining excellent working relationships with Members and staff of
the Congress. The Senate Commerce Committee has general oversight of
many of the programs of the department and its general operations and
management. When I was with the Department of Commerce during the
Reagan and Bush Administrations as deputy to the position for which I
now seek confirmation my office had an excellent relationship with the
committees with which we worked. If confirmed, I pledge to work
diligently to foster good communications and rapport with the Members
and staff of the authorizing and appropriations committees in the House
and Senate.
16. Please explain what you believe to be the proper relationship
between yourself, if confirmed, and the Inspector General of your
department/agency.
The roles of these two positions must be collaborative. I will rely
heavily on the advice and recommendations of the IG and his staff. I
have worked in the past with the present Inspector General of the
Department and we share the same goals and would work well together.
17. Please explain how you will work with this Committee and other
stakeholders to ensure that regulations issued by your department/
agency comply with the spirit of the laws passed by Congress.
The intent of Congress must be the guiding consideration in all
regulatory implementation. The General Counsel of the Department is
responsible for the Department's regulatory programs and, if confirmed,
I would work closely with that office on all such matters.
18. In the areas under the department/agency's jurisdiction, what
legislative action(s) should Congress consider as priorities? Please
state your personal views.
If confirmed, the annual appropriations bills and initiatives
proposed by the Administration would be my primary legislative
concentrations.
19. Within your area of control, will you pledge to develop and
implement a system that allocates discretionary spending based on
national priorities determined in an open fashion on a set of
established criteria? If not, please state why. If yes, please state
what steps you intend to take and a timeframe for their implementation.
Yes. The Department has a performance measurement system already in
place whereby progress against plan is measured in accordance with the
Government Performance and Review Act. I would do all I could to
strengthen that process.
The Chairman. Mr. Wolff, thank you very much. Finally, we
will hear from Mr. John Hammerschmidt, who has been nominated
once again for the position of a Member of the National
Transportation Safety Board, a position that he has worked in
for the past 16 years, and his nomination by President Bush is
pending before this Committee and this Congress. Mr.
Hammerschmidt, welcome. And you are welcome to invite
recognition to any members of your family who are here with
you.
Mr. Hammerschmidt. Thank you, Mr. Chairman. I have no
members of my personal family here, but I do have, I believe,
six members of my NTSB family here, and I just want to thank
them for being here, including my colleague, John Goglia, a
fellow board member.
The Chairman. We welcome them.
Mr. Hammerschmidt. Thank you. I might mention that the NTSB
is a very small agency in Washington terms, about 400 people,
and since I have been there beginning in 1985, I have always
considered it to be one large family, a very supportive group
of people. Mr. Chairman, I have a very brief statement I'd like
to read.
STATEMENT OF JOHN HAMMERSCHMIDT, MEMBER,
RENOMINATED TO BE A MEMBER OF THE NATIONAL
TRANSPORTATION SAFETY BOARD
Mr. Chairman and Members of the Committee, I am very
honored to appear before you today as you consider my
renomination to be a Member of the National Transportation
Safety Board. I wish to thank the President for nominating me,
and I wish to thank the Committee for scheduling this hearing
so very promptly. If confirmed, I look forward to working with
the Members of this Committee as we all seek to improve
transportation safety.
The position of Board Member is one of important
responsibility and one of great opportunity. Board Members are
responsible for finding the cause of transportation accidents
and then determining how best to prevent such accidents from
recurring. In that pursuit, Members of the Board have the
opportunity to perform a significant public service.
For the past 16 years, I have served at the National
Transportation Safety Board and have had the privilege of
working with some of the most skilled, dedicated, and committed
professionals that there are in the federal government. Let me
say that it is very easy to become committed to improving
transportation safety once you have viewed death and
destruction up-close at an accident site.
The traveling public deserves the clear assurance that the
government is acting in such a way that will aggressively seek
out the causes of transportation accidents and will take the
appropriate measures to correct whatever factors are found to
have caused or contributed to those accidents. And the public
also needs the clear assurance that the government's
investigations are conducted fairly, competently, and
efficiently. Such has been the tradition at the National
Transportation Safety Board and, if confirmed, I will do my
best to continue that tradition.
That concludes my opening statement and, of course, I will
be glad to answer any questions you may have. Thank you.
[The biographical information of Mr. Hammershmidt follows:]
A. BIOGRAPHICAL INFORMATION
1. Name: John Arthur Hammerschmidt.
2. Position to which nominated: Member, National Transportation
Safety Board.
3. Date of nomination: June 27, 2001.
4. Address: Current address: 1200 N. Veitch St., Apt. 226
Arlington, VA 22201; Office address: National Transportation Safety
Board, 490 L'Enfant Plaza East, SW Washington, DC 20594.
5. Date and place of birth: May 30, 1949; Harrison, AR.
6. Marital status: Single.
7. Names and ages of children: None.
8. Education: (List secondary and higher education institutions,
dates attended, degree received and date degree granted.) Woodberry
Forest School, Woodberry Forest, VA, 1964-1967; Dartmouth College,
Hanover, NH, 1967-1971 A.B., 1971; Vanderbilt University Law School,
Nashville, TN, 1971-1972; Harvard University Business School, Boston,
MA, 1973-1974; Catholic University of Ecuador, Quito, Ecuador
(Georgetown University summer foreign study program), 1972; 1975.
9. Employment record: (List all jobs held since college, including
the title or other part-time service or positions with Federal, State,
or local governments, other than those listed above.)
----------------------------------------------------------------------------------------------------------------
From To Name of Employer Address Type of Work
----------------------------------------------------------------------------------------------------------------
06/91.............................. 07/01 National Washington, DC....... Board Member.
Transportation
Safety Board.
04/85.............................. 06/91 National Washington, DC....... Special Assistant.
Transportation
Safety Board.
09/84.............................. 11/84 Reagan-Bush 1984..... Baton Rouge, LA...... Field Coordinator.
01/84.............................. 04/84 Office of the Vice Washington, DC....... Staff Assistant.
President (on U.S.
Senate payroll).
07/74.............................. 12/83 Hammerschmidt Lumber Harrison, AR......... Chief Executive
Company, Inc.. Officer; Secretary/
Treasurer.
05/79.............................. 12/83 Farmers Lumber Harrison, AR......... President.
Company, Inc., a
wholly-owned
subsidiary of
Hammerschmidt Lumber
Company, Inc..
08/73.............................. 08/73 Hammerschmidt Lumber Harrison, AR......... General duties.
Company, Inc..
01/73.............................. 03/73 Rural Resources Washington, DC....... Research Assistant.
Institute.
09/72.............................. 11/72 Harrison Federal Harrison, AR......... Appraiser.
Savings & Loan
Association.
04/72.............................. 06/72 Coalition for Rural Washington, DC....... Research Assistant.
America.
06/71.............................. 08/71 Hammerschmidt Lumber Harrison, AR......... General duties.
Company.
----------------------------------------------------------------------------------------------------------------
10. Government experience: (List any advisory, consultative,
honorary or other part-time service or positions with Federal, State,
or local governments, other than those listed above.) During the
summers of 1967, 1968, and 1969, I worked for the Arkansas State
Highway Department: survey crew; rock quarry crew; drilling/blasting
crew.
11. Business relationships: (List all positions held as an officer,
director, trustee, partner, proprietor, agent, representative, or
consultant of any corporation, company, firm, partnership, or other
business enterprise, educational or other institution.)
As noted in # 9, above, former positions held were: Secretary-
Treasurer, Hammerschmidt Lumber Company, Inc.; President, Farmers
Lumber Company, Inc.
12. Memberships: (List all memberships and offices held in
professional, fraternal, scholarly, civic, business, charitable and
other organizations.)
Formerly served on the Board of Directors of the following
organizations: Boone County (Arkansas) Industrial Development
Corporation (also served as Vice President and as President); Mid-
America Lumbermens Association; Arkansas Lumber and Building Materials
Dealers Association; Harrison (Arkansas) Rotary Club; United Way of
Boone County.
13. Political affiliations and activities: (a) List all offices
with a political party which you have held or any public office for
which you have been a candidate. None.
(b) List all memberships and offices held in and services rendered
to all political parties or election committees during the last 10
years. None.
(c) Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 of more for the past 10 years. 05/27/99, $1,000, George
W. Bush; 07/17/00, $1,000, Republican Party of Arkansas.
14. Honors and awards: (List all scholarships, fellowships,
honorary degrees, honorary society memberships, military medals and any
other special recognitions for outstanding service or achievements.)
Performance awards at the National Transportation Safety Board:
received a Quality Step Increase in recognition of outstanding
performance in 1990, 1989, 1988, and 1986.
At Dartmouth College: selected for and completed the history honors
program; graduated ``With Highest Distinction'' in history; Rufus
Choate Scholar; Dean's List student; awarded varsity letters in
wrestling.
15. Published writings: (List the titles, publishers, and dates of
books, articles, reports, or other published materials which you have
written.) None.
16. Speeches: (Provide the Committee with two copies of any formal
speeches you have delivered during the last 5 years which you have
copies of on topics relevant to the position for which you have been
nominated.)
Speeches Delivered During the last 5 Years
10/08/96, Addressed 4th International Symposium on Railroad-Highway
Grade Crossing Research and Safety (Knoxville, TN); 03/06/97, Addressed
Third International Helicopter Logging Safety Workshop (Ketchikan, AK);
04/21/97, Addressed 1st International Boating & Water Safety Summit
(jointly sponsored by National Water Safety Congress and National Safe
Boating Council) (San Diego, CA); 08/11/97, Addressed IREI Air Safety
Panel (Uenomura Village, Japan); 11/21/97, Addressed Second Fishing
Industry Safety and Health Workshop (Seattle, WA); 04/28/98, Addressed
National Convention of the Home Office Life Underwriters Association
(Washington, DC); 11/10/99, Addressed First Air Cargo Pilots Symposium
(Tunica, MS); 01/23/00, Addressed Helicopter Association
International's Rotorcraft Roundtable (Las Vegas, NV); 02/14/00,
Addressed Airport Safety and Operations Specialist School (jointly
sponsored by AAAE and FAA) (Miami, FL); 05/12/00, Addressed Annual E.H.
Harriman Memorial Awards Ceremony (railroad safety) (Washington, DC);
09/11/00, Addressed 41st Annual Conference, National Association of
State Boating Law Administrators (Mackinac Island, MI).
17. Selection: (a) Do you know why you were chosen for this
nomination by the President? Yes.
(b) What do you believe in your background or employment experience
affirmatively qualifies you for this particular appointment?
For over the past 10 years I have served as a Member of the
National Transportation Safety Board (NTSB) and, since 1995, as the
senior Board Member. Previous to being confirmed as a Board Member in
June 1991, I served for over 6 years as Special Assistant to the
Chairman/Board Member of the NTSB. During these 16+ years I have been
immersed in practically all facets of the NTSB's work and have gained a
great deal of experience and knowledge in this specialized area.
Please refer to the attached 20-page Addendum for details
concerning my employment experience at the NTSB.
B. FUTURE EMPLOYMENT RELATIONSHIPS
1. Will you sever all connections with your present employers,
business firms, business associations or business organizations if you
are confirmed by the Senate?
My present employer is the government agency to which I have been
renominated. I have no other business connection.
2. Do you have any plans, commitments or agreements to pursue
outside employment, with or without compensation, during your service
with the government? If so, explain. No.
3. Do you have any plans, commitments or agreements after
completing government service to resume employment, affiliation or
practice with your previous employer, business firm, association or
organization? No.
4. Has anybody made a commitment to employ your services in any
capacity after you leave government service? No.
5. If confirmed, do you expect to serve out your full term or until
the next Presidential election, whichever is applicable? Yes.
C. POTENTIAL CONFLICTS OF INTEREST
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients or customers. None.
2. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated. None.
3. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated. None.
4. Describe any activity during the past 10 years in which you have
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.
The only activities would have been as part of my official duties
at the NTSB. Inasmuch as the NTSB is responsible for influencing public
policy in order to enhance transportation safety, especially as regards
the relevant regulatory agencies (FAA, FRA, USCG, etc.), I have been a
part of that daily process for the past 16 years.
5. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items. (Please provide a copy of any trust or other agreements.)
I perceive no potential conflict of interest. If such a conflict
should arise, I would follow the advice of the NTSB's Office of General
Counsel.
6. Do you agree to have written opinions provided to the Committee
by the designated agency ethics officer of the agency to which you are
nominated and by the Office of Government Ethics concerning potential
conflicts of interest or any legal impediments to your serving in this
position? Yes.
D. LEGAL MATTERS
1. Have you ever been disciplined or cited for a breach of ethics
for unprofessional conduct by, or been the subject of a compliant to
any court, administrative agency, professional association,
disciplinary committee, or other professional group? If so, provide
details. No.
2. Have you ever been investigated, arrested, charged or held by
any Federal, State, or other law enforcement authority for violation of
any Federal, State, county, or municipal law, regulation or ordinance,
other than a minor traffic offense? If so, provide details. No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in interest in an administrative agency
proceeding or civil litigation? If so, provide details.
In the course of business, on occasion, there was civil litigation
associated with Hammerschmidt Lumber Company's attempts to collect
seriously past-due accounts receivable.
4. Have you ever been convicted (including please of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? No.
5. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be considered in
connection with your nomination. None.
E. RELATIONSHIP WITH COMMITTEE
1. Will you ensure that your department/agency complies with
deadlines set by congressional committees for information? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the committee with requested
witnesses, to include technical experts and career employees with
firsthand knowledge of matters of interest to the committee? Yes.
4. Please explain how you will review regulations issued by your
department/agency, and work closely with Congress, to ensure that such
regulations comply with the spirit of the laws passed by Congress.
I strongly believe that regulations need to comply with the spirit
of the laws passed by Congress. Otherwise, the departments/agencies
essentially begin to legislate on their own per various agendas.
I am keenly aware of this problem and this tendency. During my
tenure at the NTSB, I have carefully reviewed policy documents and have
been watchful for the divergence between legislative intent and agency
follow-up. For example, I reviewed a draft letter generated by NTSB
staff and noticed that it had missed the fact that a Public Law had
mandated a certain action that the letter was criticizing as being
unnecessary. The letter was subsequently modified.
5. Describe your department/agency's current mission, major
programs, and major operational objectives.
The core mission of the NTSB is to enhance transportation safety
through the investigation of transportation accidents and the issuance
of safety recommendations.
The major programs are the investigative activities in the
delineated areas of aviation, rail, highway, marine, pipeline, and
hazardous materials safety.
A major operational objective is the continued thorough and
professional investigation of transportation accidents, and the
application of lessons learned so as to prevent similar accidents from
recurring. Stated another way, the major operational objective
continues to be saving lives and reducing injuries and property damage.
6. 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.
F. GENERAL QUALIFICATIONS AND VIEWS
1. How have your previous professional experience and education
qualifies you for the position for which you have been nominated.
For over the past 10 years I have served as a Member of the
National Transportation Safety Board (NTSB) and, since 1995, as the
senior Board Member. Previous to being confirmed as a Board Member in
June 1991, I served for over 6 years as Special Assistant to the
Chairman/Board Member of the NTSB. During these 16+ years I have been
immersed in practically all facets of the NTSB's work and have gained a
great deal of experience and knowledge in this specialized area.
Please refer to the attached 20-page Addendum for details
concerning my employment experience at the NTSB.
Concerning education, in a sense I have been ``going to school''
continuously at the NTSB since April 1985. Many of the details of this
NTSB experience are contained in the 20-page Addendum. Although I
completed courses in such basic knowledge areas as physics, chemistry,
meteorology, mathematics and technology when I was an undergraduate,
and have since earned my private pilot's license, the best education
that I have received for this position has been on-the-job learning at
the NTSB for the past 16+ years.
2. Why do you wish to serve in the position for which you have been
nominated?
In this day and age, with rapid technological advances and a
society that is increasingly mobile, I consider the protection of the
traveling public by enhancing transportation safety as a golden
opportunity for public service. Having served and learned at the NTSB
for the past 16+ years, and thus having accumulated a considerable
amount of institutional knowledge, I wish to continue to utilize this
experience in order to best serve the public interest.
3. What goals have you established for your first 2 years in this
position, if confirmed?
My continuing goal is to rigorously review and study NTSB reports
and other official documents, which usually represent the culmination
of great amounts of time and effort, to ensure that they meet a high
standard of excellence.
4. What skills do you believe you may be lacking which may be
necessary to successfully carry out this position? What steps can be
taken to obtain those skills? I can't think of any.
5. Who are the stakeholders in the work of this agency? Everybody!
Anyone who travels by air, rail, highway, or waterway, or who lives
near a pipeline, is a stakeholder in the work of the NTSB. Because
aircraft can crash into the ground or water anywhere, and because vapor
clouds of hazardous materials released in a transportation accident can
migrate over widely populated areas, everybody in the United States is
a stakeholder. Due to the global nature of transportation, there are
many such stakeholders outside the United States as well.
6. What is the proper relationship between your position, if
confirmed, and the stakeholders identified in question No. 10. We at
the NTSB work for the people.
7. The Chief Financial Officers Act requires all government
departments and agencies to develop sound financial management
practices similar to those practiced in the private sector. (a) What do
you believe are your responsibilities, if confirmed, to ensure that
your agency has proper management and accounting controls? At the NTSB,
the Chairman has the responsibility for proper management and
accounting controls.
(b) What experience do you have in managing a large organization?
As Chief Executive Officer, I was involved with every facet of daily
management of our family's retail building materials business,
including a subsidiary. The corporation is now 90 years old.
8. The Government Performance and Results Act requires all
government departments and agencies to identify measurable performance
goals and to report to Congress on their success in achieving these
goals. (a) Please discuss what you believe to be the benefits of
identifying performance goals and reporting on your progress in
achieving those goals. Identifying performance goals enables an agency
to channel its effort into focused areas of importance. Reporting on
the progress in achieving those goals provides accountability.
(b) What steps should Congress consider taking when an agency fails
to achieve its performance goals? Should these steps include the
elimination, privatization, downsizing or consolidation of departments
and/or programs?
Congress should first determine if the performance goals were
compatible with the congressionally authorized purpose of the agency or
program. Next, Congress should determine if the goals were realistic.
If the goals set, but not met, were both mission-compatible and
realistic, then any of the mentioned steps should be logically
explored.
(c) What performance goals do you believe should be applicable to
your personal performance, if confirmed?
A Board Member's duties are so varied that I would be reluctant to
define any specific performance goals--other than performing those
varied duties at a level of excellence that befits the NTSB.
9. Please describe your philosophy of supervisor/employee
relationships. Generally, what supervisory model do you follow? Have
any employee complaints been brought against you?
A supervisor should inspire employees to perform their duties to
the best of their potential. I prefer open and constant communication.
No employee complaints have been brought against me.
10. Describe your working relationship, if any, with the Congress.
Does your professional experience include working with committees of
Congress? If yes, please describe.
The main part of my working relationship with Congress is somewhat
indirect and involves the review of draft testimony that typically the
NTSB Chairman delivers in committee hearings. Working with committees
of Congress is usually handled either by the Chairman or by staff in
the NTSB Office of Government Affairs.
There have been occasions when I was the Board Member on scene at a
major accident investigation, or chaired a public hearing in the locale
of a major accident, and have briefed Members of Congress and their
staff on the progress of the investigation. Likewise, over the past 10
years, I have briefed Members of Congress about the NTSB and ongoing
investigations both in their offices and in my office.
On May 11, 2000, I represented the Board before the U.S. Senate
Committee on Commerce, Science, and Transportation at a hearing
concerning pipeline safety.
11. Please explain what you believe to be the proper relationship
between yourself, if confirmed, and the Inspector General of your
department/agency.
The most recent reauthorization of the NTSB assigned specific
oversight responsibilities to the U.S. Department of Transportation
Inspector General. As to those responsibilities, I would expect to have
a professional relationship and to be responsive to requests for
information.
12. Please explain how you will work with this Committee and other
stakeholders to ensure that regulations issued by your department/
agency comply with the spirit of the laws passed by Congress.
I strongly believe that regulations need to comply with the spirit
of the laws passed by Congress. Otherwise, the departments/agencies
essentially begin to legislate on their own per various agendas.
I am keenly aware of this problem and this tendency. During my
tenure at the NTSB, I have carefully reviewed policy documents and have
been watchful for the divergence between legislative intent and agency
follow-up. For example, I reviewed a draft letter generated by NTSB
staff and noticed that it had missed the fact that a Public Law had
mandated a certain action that the letter was criticizing as being
unnecessary. The letter was subsequently modified.
13. In the areas under the department/agency's jurisdiction, what
legislative actions(s) should Congress consider as priorities? Please
state your personal views.
Infrastructure improvements, especially in areas such as highways
and airports, are fundamental to maintaining and improving
transportation safety.
14. Within your area of control, will you pledge to develop and
implement a system that allocated distretionary spending based on
national priorities determined in an open fashion on a set of
established criteria? If not, please state why. If yes, please state
what steps you intend to take and a time frame for their
implementation.
I agree with the premise but, if confirmed, I likely would not be
involved with developing and implementing a system that allocates
discretionary spending based on national priorities determined in an
open fashion on a set of established criteria.
ADDENDUM
References questions A. 17. (b) and F.1.
Board member, National Transportation Safety Board, June 26, 1991
to present. Duties: Participate in Board deliberations and vote on
``probable cause(s)'' of specific accidents and resultant safety
recommendations to be applied system-wide as developed from accident
investigations in civil aviation, rail, highway, marine, pipeline,
hazardous materials, and commercial space launch transportation.
Participate on-scene during major domestic accident investigations;
serve as spokesman for the NTSB (the lead Federal agency) and as
liaison to the public during the formal investigative process.
Chair Board-conducted public hearings on single-accident issues
with broader application to that transportation mode.
Review and vote on appeals from airmen and merchant seamen whose
certificates have been revoked or suspended.
Identify transportation safety problems of a recurrent nature for
formal study; define, direct, and approve publication of such studies.
Represent the NTSB at various transportation safety-related events/
occasions organized by industry entities, public interest groups,
professional associations, or Federal regulatory agencies.
NTSB Experience as Board Member
Go-Team Launches
Participated on-scene at the following accident investigations:
1991
11-13; Controlled flight into terrain, Bruno's Inc., Beechjet 400A;
all 9 on board fatal; Rome, GA.
1992
04/29-05/01; Gradecrossing collision, Amtrak train 94 and dump
truck; all train units derailed; Newport News, VA.
1993
03/17-20; Gradecrossing collision, Amtrak train 91 and gasoline
tractor-semitrailer tank truck; Fort Lauderdale, FL.
04/07-09; Inadvertent in-flight slat deployment necessitating
emergency landing, China Eastern Airlines MD-11; 2 fatal, 156 injured
(only time that investigation of an aviation accident has been
delegated to the NTSB by the People's Republic of China); Shemya, AK.
09/22-25 Derailment of Amtrak train 2 while crossing bridge over
Big Bayou Canot; 47 fatal in Amtrak's worst accident; Mobile, AL.
11/11-14; Head-on collision of southbound Burlington Northern and
northbound Union Pacific freight trains; Kelso, WA.
11/30-12/02; Gradecrossing collision, Amtrak train 88 and 178 ft.
long tractor-trailer rig hauling gas turbine generator; Intercession
City, FL.
12/02-05; Express Airlines II (dba Northwest Airlink) Flight 5719,
Jetstream BA-3100, collision with terrain on final approach to airport;
all 18 on board fatal; Hibbing, MN.
1994
07/02-07; USAir Flight 1016, DC-9-30, crash near airport during go-
around in severe weather; 37 fatal, 21 survivors; Charlotte, NC.
1995
06/22; Liberian-registered cruise vessel M/V Celebration, operated
by Carnival Cruise Lines, immobilized by electrical fire in engine
control room, with 2,560 people on board (Liberian investigation; NTSB
invited to participate); Freeport, Bahamas.
08/21-24 Atlantic Southeast Airlines (ASA) Flight 529, Embraer EMB-
120, off-airport crash landing following in-flight loss of propeller
blade; 9 fatal, 20 survivors; Carrollton, GA.
1996
07/27-29; Laundry-room fire with heavy smoke propagation, cruise
ship Universe Explorer, cruising in the Lynn Canal with 1,006 people on
board; 5 crew fatal; Juneau, AK.
09/05-09; Federal Express Flight 1406, DC-10-10F, emergency landing
due to in-flight fire in cargo area; airplane destroyed by fire after
stopping on a high-speed taxiway; Newburgh, NY.
12/15-18; Collision of the Liberian-registered Bulk Carrier Bright
Field with the Port of New Orleans River Walk Shopping Mall, about Mile
100, Lower Mississippi River; New Orleans, LA.
1997
01/09-13; Comair Flight 3272, Embraer EMB-120, crash on approach to
Detroit Metropolitan/Wayne County Airport; all 29 on board fatal;
Monroe, MI.
1998
03/11-15; Collision at passive grade crossing when local school bus
pulled into path of Burlington Northern Santa Fe freight train; 2 (of
5) students on bus fatal; Buffalo, MT.
03/16-18; Collision between the 162 ft.-long offshore supply vessel
(OSV) Bass River and the 202 ft.-long OSV C-Captain near Belle Pass,
LA; 3 fatal; Gulf of Mexico.
06/29-07/03; Explosions and fire during transfer of fuel from semi-
trailer cargo tank to straight-truck cargo tank at Dion Oil Company
storage location near marina, Key West, FL.
1999
05/01-12; Sinking of the U.S. Coast Guard-inspected amphibious
excursion vessel Miss Majestic in Lake Hamilton; 13 fatal, 8 survivors
(in terms of ``passenger fatalities,'' worst marine accident
investigated by Board since 1978); Hot Springs, AR.
06/11-15; Failure of 16-inch diameter pipeline carrying gasoline,
with product flow into creek; 3 fatal when gasoline ignited;
Bellingham, WA.
09/26-10/02; Big Island Air Flight 58, PA-31-350, crash on the
northeast slope of volcano during air tour; all 10 on board fatal;
Mauna Loa Volcano, HI.
2000
01/31-02/07; Alaska Airlines Flight 261, MD-83, uncontrolled flight
into Pacific Ocean; all 88 on board fatal; Port Hueneme, CA.
08/15; MTA Light Rail Vehicle collision with bumping post and
International Terminal building at BWI International Airport (all 22 on
board injured); Linthicum, MD.
08/19-21; El Paso Natural Gas 30-inch diameter gas transmission
pipeline rupture and fire; 12 campers fatal; Carlsbad, NM.
2001
01/28-30; Crash of Raytheon Beechcraft King Air 200 after rapid
descent from flight level 230 (23,000 feet); flight was transporting
players, staff and guests of the Oklahoma State University basketball
team; 10 fatal; Strasburg, CO.
02/10-25; Collision between the U.S. nuclear attack submarine USS
Greeneville and the Japanese fisheries training vessel Ehime Maru, in
the Pacific Ocean, about 10 miles south of Pearl Harbor, Hawaii on 02/
09/01; Honolulu, HI.
07/19; Derailment of CSX freight train within single-track tunnel
beneath the city of Baltimore; emergency response to hazardous
materials release and fire affected downtown area for several days;
Baltimore, MD.
Public Hearings
Chaired hearings associated with the following accident
investigations:
01/04-07/94; Crash of American International Airways, Inc. (dba
Kalitta Flying Service) Flight 808 at the Naval Air Station, Guantanamo
Bay, Cuba; August 18, 1993; Ypsilanti, MI.
09/19-22/94; Crash of US Air Flight 1016, DC-9-30, near Charlotte,
NC airport during go-around in severe weather; July 2, 1994; Charlotte,
NC.
02/27-03/03/95; Crash of Simmons Airlines (dba American Eagle)
Flight 4184, ATR-72-210, near Roselawn, IN, during holding pattern in
icing conditions; October 31, 1994; all 68 on board fatal;
Indianapolis, IN.
01/17-19/96; Gradecrossing collision, METRA express commuter train
and a Crystal Lake school bus, in Fox River Grove, IL; October 25,
1995; 7 students fatal; Crystal Lake, IL.
06/02-05/97; Explosion in the Rio Piedras area of San Juan that
destroyed a six-story commercial building and destroyed/damaged other
buildings; November 21, 1996; 33 fatal, over 100 injured (the worst
pipeline accident ever investigated by the Board); San Juan, PR.
02/17-18/99; Fire aboard the cruise ship MS Ecstasy as it was
departing the Port of Miami on July 20, 1998; Miami, FL.
12/13-16/00; Crash of Alaska Airlines Flight 261, MD-83, into
Pacific Ocean near Port Hueneme, CA; January 31, 2000; all 88 on board
fatal; Washington, DC.
Public Forums
Chaired forums associated with the following safety issues:
03/06-07/96; Integrated Bridge Systems, to examine technological
advances in maritime navigation and communications; Vienna, VA.
03/03-04/98; Transit Bus Operations; St. Louis, MO.
12/08-09/99; Amphibious Passenger Vessel Safety; Memphis, TN.
Legislative Testimony
02/13/92; Subcommittee on DWI, Committee on Criminal Jurisprudence,
House of Representatives, State of Texas, Austin (Subject:
Administrative License Revocation (ALR)).
04/08/92; Judiciary Committee, Senate, State of New Hampshire,
Concord (Subject: ALR).
09/17/92; DWI Laws Subcommittee, Joint Interim Committee on Public
Transportation, Arkansas General Assembly, Little Rock (Subject: ALR).
05/11/00 Committee on Commerce, Science and Transportation, U.S.
Senate (Subject: Pipeline Safety).
Speeches
04/27/92; Addressed Southwestern/Western Regional Meeting, American
Short Line Railroad Association; (Fort Worth, TX).
09/30/92; Addressed 61st Annual Meeting, National Association of
State Aviation Officials (NASAO); (San Antonio, TX).
03/08/93; Addressed Airport Safety and Operations Specialist School
(jointly sponsored by American Association of Airport Executives (AAAE)
and Federal Aviation Administration (FAA)); (Portland, OR).
04/19/93; Addressed 43rd National Water Safety Congress,
Professional Development Seminar; (Little Rock, AR).
06/28/93; Addressed 1st European/U.S. Airport Safety and Operations
Specialist School (jointly sponsored by Irish Airports Authority,
International Association of Airport Executives, AAAE, and FAA);
(Shannon, Ireland).
03/02/94; Addressed Airport Safety and Operations Specialist School
(jointly sponsored by AAAE and FAA); (Las Vegas, NV).
10/10/94; Addressed the 1994 Annual Transportation Conference, The
Fertilizer Institute; (Tucson, AZ).
01/17/95; Addressed The Forum Club; (New York, NY).
08/12/95; Addressed American Trucking Associations' Safety
Management Council's National Truck Driving Championships Awards
Banquet; (New Orleans, LA).
02/28/96; Addressed Second International Helicopter Logging Safety
Workshop; (Ketchikan, AK).
04/22/96; Addressed Southwestern/Western Regional Meeting, American
Short Line Railroad Association; (Memphis, TN).
05/13/96; Addressed the Annual Assembly Meeting of the Radio
Technical Commission for Maritime Services; (San Diego, CA).
10/08/96; Addressed 4th International Symposium on Railroad-Highway
Grade Crossing Research and Safety; (Knoxville, TN).
03/06/97; Addressed Third International Helicopter Logging Safety
Workshop; (Ketchikan, AK).
04/21/97; Addressed 1st International Boating & Water Safety Summit
(jointly sponsored by National Water Safety Congress and National Safe
Boating Council); (San Diego, CA).
08/11/97; Addressed IREI Air Safety Panel; (Uenomura Village,
Japan).
11/21/97; Addressed Second Fishing Industry Safety and Health
Workshop; (Seattle, WA).
04/28/98; Addressed National Convention of the Home Office Life
Underwriters Association; (Washington, DC).
11/10/99; Addressed First Air Cargo Pilots Symposium; (Tunica, MS).
01/23/00; Addressed Helicopter Association International's
Rotorcraft Roundtable; (Las Vegas, NV).
02/14/00; Addressed Airport Safety and Operations Specialist School
(jointly sponsored by AAAE and FAA); (Miami, FL).
05/12/00; Addressed Annual E.H. Harriman Memorial Awards Ceremony
(railroad safety); (Washington, DC).
09/11/00; Addressed 41st Annual Conference, National Association of
State Boating Law Administrators; (Mackinac Island, MI).
NTSB Formal Training
08/16-26/93; Technical Aviation Training for Attorneys (Course No.
12031); FAA Academy; Oklahoma City, OK.
06/15-16/94; Hot Air Balloon Familiarization Course; AERCO Division
of Albuquerque Balloon Center; Albuquerque, NM.
02/13-17/95; NTSB Advanced Aircraft Accident Investigation Course:
Human Factors; Alexandria, VA.
02/24-27/97; NTSB Proficiency Flight Course; Florida Institute of
Technology School of Aeronautics; Melbourne, FL.
Other Formal Training
Hold FAA-issued private pilot (airplane single engine land) airman
certificate.
Represented the NTSB at the Following:
1991
Briefings/demonstrations by National Center for Atmospheric
Research; (Denver and Boulder, CO; 07/24-25).
39th Annual Experimental Aircraft Association (EAA) Fly-in
Convention and Aviation Exhibition (NTSB an exhibitor); (Oshkosh, WI;
07/26-28).
Briefings/orientation by FAA and The Port Authority of NY & NJ, JFK
International Airport; (Jamaica, NY; 08/09).
Briefings/safety orientation aboard new cruise ship about to
commence commercial service; (New York Harbor to Philadelphia; 08/10-
11).
Briefings/systems review (re: heavy-truck brake systems), Rockwell
International; (Troy, MI; 10/03).
Aircraft Owners and Pilots Association (AOPA) Annual Convention and
Industry Exhibit (NTSB an exhibitor); (New Orleans, LA; 10/23-26).
1992
40th Annual EAA Fly-in Convention and Aviation Exhibition (NTSB an
exhibitor); (Oshkosh, WI; 07/31-08/02).
Accompanied a delegation from the Public Works and Transportation
Committee, U.S. House of Representatives, to a series of
transportation-related briefings/demonstrations (Japan, People's
Republic of China, Thailand, and Hong Kong; 08/23-09/08). Of note: met
with China Premier Li Peng, in Beijing.
Aircraft Owners and Pilots Association (AOPA) Annual Convention and
Industry Exhibit; (Las Vegas, NV; 10/10-14).
1993
Test run/demonstration of Amtrak's X-2000 high-speed train from
Union Station in Washington, DC to 30th Street Station in Philadelphia,
PA (01/08).
Heli-Expo '93 and the 45th Annual Meeting, Helicopter Association
International (Miami, FL; 02/24-26).
Briefings/site review (flew Boeing 777 simulator), Boeing
Commercial Airplane Group (Seattle, WA; 03/10).
NASA briefings/orientation of shuttle launch preparation (Kennedy
Space Center, FL; 03/20-23).
Briefings/tour of the Airbus Training Center (Miami, FL; 03/24).
Briefing/demonstrations, Motor Coach Industries (MCI) Bus Assembly
Plants (Winnipeg, Manitoba, Canada and Pembina, ND; 05/19-21).
Briefing/site inspection, Eurotunnel construction (Folkestone,
England; 06/30).
Tour, magnetic levitation (mag/lev) test facility of Thyssen
Henschel (Emsland, Germany; 07/01).
Tour/briefings, production facilities (electronic brake systems for
trucks) at WABCO Westinghouse (Hannover, Germany; 07/02).
Tour, assembly plant, Deutsche Aerospace Airbus (Hamburg, Germany;
07/05).
Tour, InterCityExpress (ICE) high speed rail system Service
Facility (Hamburg-Eidelstedt, Germany; 07/06).
Airshow Canada 1993, international aviation and aerospace
exhibition (Abbotsford, British Columbia, Canada; 08/04-06).
1994
3rd National Leadership Conference on Increasing Safety Belt Use in
the U.S. (Orlando, FL; 01/13-15).
Pipeline safety trip to natural gas operations, including tour of
Tenneco's offshore gathering compressor platform (Dallas, TX, 06/01;
Lake Charles, LA, and Gulf of Mexico, 06/02).
9th Anniversary Memorial Ceremony of the 08/12/85 crash of JAL
Flight 123, a Boeing 747, including associated Air Safety Conference
and dedication of the (former NTSB Chairman) Jim Burnett Monument along
the trail to the crash site near top of mountain (near Uenomura
Village, Japan; 08/11-12).
Briefings/tour, with FAA European Representatives, of the Air
Accidents Investigation Branch (AAIB), U.K. Department of Transport,
facilities; briefings by officials of Jetstream Aircraft Ltd. (British
Aerospace), including Jetstream 31 & 41 cockpit orientation, and Airbus
Industrie (Royal Aerospace Establishment, Farnborough, England; 09/08-
10).
The Chicago Convention, that established the International Civil
Aviation Organization (ICAO), 50th Anniversary Conference and
Exhibition; and ICAO Council meeting (Chicago, IL; 10/30-11/01).
Fishing Vessels Expo 1994; (NTSB an exhibitor), and tour of factory
trawler S/T Alaska Ocean; (Seattle, WA; 12/02-03).
1995
Southern California Safety Institute, Inc. & FAA Civil Aeromedical
Institute's ``12th Annual International Aircraft Cabin Safety
Symposium'' (Torrance, CA; 02/07-10).
Airline Safety Action Partnership (ASAP) Conference (Irving, TX;
05/25-26).
Tour/orientation of the new Denver International Airport, including
demonstration of firefighting equipment (Snozzle) at Firehouse No. 2
(Denver, CO; 06/07).
Tour/briefings, Transportation Technology Center, including HAZMAT
training exercise (Pueblo, CO; 06/08).
Orientation/briefings, NASA Ames Research Center; including
vertical-motion simulator session re: ongoing accident investigation of
USAir Flight 427, a Boeing 737 (Moffett Field, CA; 07/13).
Tour/briefings, Bay Area Rapid Transit (BART) System, including the
operations control center (Oakland, CA; 07/14).
Santa Fe Railway: tour of Barstow, CA switching yard and control
center; rode freight-train locomotive down the Cajon Pass to San
Bernadino re: ATSF/UP freight trains accident on 12/14/94; (Barstow to
San Bernadino, CA; 07/17).
American President Lines: operations briefing; toured Los Angeles
Harbor facility, observed containerized ship loading/unloading
procedures, reviewed shipboard safety aboard the M/V President Lincoln;
toured intermodal rail transfer facility (San Pedro & Los Angeles, CA;
07/18).
Tour/briefings, Los Angeles County Metropolitan Transit Authority;
including the operations control center and the soon-to-be-opened green
line; (Los Angeles, CA; 07/19).
Northwest Arkansas Regional Airport ``Cloudbreaking;'' met with
Regional FAA and local airport officials (Benton & Washington Counties,
AR; 08/10).
American Trucking Associations' Safety Management Council's
National Truck Driving Championships (New Orleans, LA; 08/11-12).
Tour/briefings, Burlington Northern Railroad's Network Operations
Center (Fort Worth, TX; 08/14).
10 Airports Council International--North America (ACI-NA) 4th
Regional Conference; Airports Council International 5th World Assembly
& Exhibition (Washington, DC; 09/11-13).
5th International Federation for Automatic Control (IFAC) Symposium
on Automated Systems Based on Human Skill--Joint Design of Technology
and Organization; including tour/briefings, new Berlin DFS Air Traffic
Control Centre at Tempelhof Airport; participated in Discussion Group
on ``Aircraft and Air Traffic Control'' (Berlin, Germany; 09/25-27).
Inter Airport '95; including Crash Fire Rescue Workshop (``Are
Current ICAO Firefighting Media Requirements Realistic?'') and
firefighting demonstration by the Frankfurt Airport Fire Service
(Frankfurt, Germany; 09/29).
Briefing/tour of New Terminal construction site, including ATC
tower, Washington National Airport (Arlington, VA; 10/30).
Federal Transit Administration, Office of Safety & Security's
``Fire/Life Safety Training Seminar,'' including emergency response
training exercise to a simulated multi-modal MARTA accident (Atlanta,
GA; 12/03).
1996
Southern California Safety Institute International's ``13th Annual
International Aircraft Cabin Safety Symposium'' (San Diego, CA; 01/29-
02/02).
Briefings/orientation at Biscayne Bay Pilots Station and on the
bridge of the cruise ship Royal Majesty, in preparation for upcoming
NTSB public forum on ``integrated bridge systems'' (Miami; FL, and
Atlantic Ocean; 02/16).
Heli-Expo '96 and the 48th Annual Meeting, Helicopter Association
International; flew McDonnell Douglas Explorer/600N Notar helicopter
(N9082Z) (Dallas, TX; 02/22-24).
Orientation/briefing, NTSB rudder-system testing on a retired
Boeing 737 in Boeing Commercial Airplane Group hangar at Boeing Field
re: continuing accident investigation of USAir Flight 427 (Seattle, WA;
02/26).
Annual Assembly Meeting of the Radio Technical Commission for
Maritime Services (San Diego, CA; 05/12-16).
Burlington Northern Santa Fe Railroad's Network Operations Center,
technology update (Fort Worth, TX; 05/22).
Site visit/briefing, ValuJet Flight 592 ongoing wreckage recovery
activities (Everglades near Miami, FL; 06/05).
Tour of airside operations at Miami International Airport (Miami,
FL; 06/06).
Tour/briefing/ship simulator exercises, Marine Institute of
Technology and Graduate Studies (Linthicum Heights, MD; 06/26).
Site visit/briefing, TWA Flight 800 ongoing wreckage documentation/
layout activities in large Grumman hangar (Calverton, Long Island, NY;
08/02).
44th Annual EAA Fly-in Convention and Aviation Exhibition (NTSB an
exhibitor); (Oshkosh, WI; 08/03-05).
Aircraft Owners and Pilots Association (AOPA) Annual Convention and
Industry Exhibit (San Jose, CA; 10/17-19).
Airports Council International-North America (ACI-NA) 5th Regional
Conference (San Diego, CA; 10/20-22).
Site visit/briefing, TWA Flight 800 accident ongoing wreckage
reconstruction and other investigative activities (Calverton, Long
Island, NY; 10/28).
American Airlines-Flight Training: Advanced Aircraft Maneuvering
Program, ground school (Alexandria, VA; 11/04).
NTSB Public Hearing on ValuJet Flight 592, DC-9-32, accident in the
Florida Everglades; all 110 on board fatal (Miami, FL; 11/18-19).
``Canadian National Crossing Accident & Trespassing Strategy''
presentation at Canadian National Railway Company (CN) headquarters by
CN Safety & Regulatory Affairs personnel (Montreal, Canada; 12/19).
1997
Heli-Expo 1997 and the 49th Annual Meeting, Helicopter Association
International; participated in ``Rotorcraft Roundtable'' session
(Anaheim, CA; 02/01-02).
Tour/briefing, Applied Research Laboratory at the Florida Institute
of Technology's Space Coast Center for Human Factors Research
(Melbourne, FL; 02/28).
Allied Signal Aerospace: tour/briefing, flight recorder technology;
in-flight demonstration of Enhanced GPWS (Ground Proximity Warning
System) aboard Beech King Air (Redmond & Seattle-area, WA; 03/07).
Tour/briefing, San Diego Trolley system (San Diego, CA; 04/18).
Technical briefing/in-vehicle demonstration of the Automated
Highway System (AHS) prototype project, by the National AHS Consortium
(San Diego, CA; 04/22).
Met with the Secretary of State of Puerto Rico, Hon. Norma Burgos,
at the Department of State re: NTSB Public Inquiry into the 11/21/96
fatal explosion in San Juan; accompanied Ms. Burgos to the accident
site for orientation/briefing (San Juan, PR; 05/29-30).
System-safety briefing aboard BNSF (Burlington Northern Santa Fe
Railroad) high-rail vehicle future high-speed rail corridor (Seattle,
WA, to Vancouver, WA; 06/26).
Tour of Washington National Airport's new terminal building, ATC
tower, and TRACON facility (Arlington, VA; 07/11).
Tour/briefings, Naval Safety Center and airfield operations
facilities at Naval Air Station Norfolk (Norfolk, VA; 07/17).
Tour/briefings, aboard the nuclear-propelled aircraft carrier USS
Dwight D. Eisenhower (CVN-69), including an arrested landing (trap)
onboard the carrier and a catapult launch from the carrier, both in a
C2 (Atlantic Ocean; 07/17-18).
45th Annual EAA Fly-in Convention and Aviation Exhibition (NTSB an
exhibitor) and NTSB Board Meeting (Oshkosh, WI; 07/31-08/01).
Tour/briefing, magnetic levitation (mag/lev) test facility of HSST
Development Corporation (Nagoya, Japan; 08/08).
13th Anniversary Memorial Events and Ceremony of the 08/12/85 crash
of JAL Flight 123, a Boeing 747, including Air Safety Panel Discussion
(near Uenomura Village, Japan; 08/11-12).
Aircraft Owners and Pilots Association (AOPA) Annual Convention and
Industry Exhibit (Orlando, FL; 10/23-25).
Rail safety briefing/tour in high-rail vehicle: Port Terminal
Railroad (Houston, TX; 11/04).
Orientation/safety briefing of Houston port pilot operations in the
Houston Ship Channel, aboard oil tankship Corelli (Houston to
Galveston, TX; 11/07).
Briefing at FBI New York Headquarters on TWA Flight 800
investigation, followed by press conference (New York, NY; 11/18).
NTSB Public Hearing on TWA Flight 800, Boeing 747-131, accident on
July 17,1996 off the coast of Long Island, NY; all 230 on board fatal
(Baltimore, MD; 12/08-11).
1998
Heli-Expo 1998 and the 50th Annual Meeting, Helicopter Association
International (Anaheim, CA; 02/15-16).
NTSB Public Hearing on Korean Air Flight 801, Boeing 747-300,
accident on August 6, 1997 in Agana, Guam; 228 of 254 on board fatal
(Honolulu, HI; 03/24-26).
19th International Air Cargo Forum & Exposition (Paris, France);
Bureau Enquetes Accidents (Le Bourget, France); Eurostar system (Paris
to London); Maritime Rescue International (Stonehaven, Scotland);
Montrose Fire & Emergency Training Centre (Montrose, Scotland); Total
Oil Marine plc's Alwyn North offshore platform (North Sea); Maritime
and Coastguard Agency, and the Royal National Lifeboat Institution
(Aberdeen, Scotland) (05/06-15).
Latin American Aeronautical Association Annual Convention and
Exposition (Miami Beach, FL; 07/15-16).
46th Annual EAA Fly-in Convention and Aviation Exhibition (NTSB an
exhibitor) (Oshkosh, WI; 7/30).
Airports Council International-North America (ACI-NA) 7th Regional
Conference (Orlando, FL; 10/05).
Dedication of the new Northwest Arkansas Regional Airport
(Highfill, AR; 11/06).
1999
Briefing aboard cruise ship MS Ecstasy of circumstances of the 07/
20/98 fire, in preparation for chairing upcoming public hearing on the
accident (Miami, FL; 01/08).
Briefing/``hands-on'' operational demonstrations at Parker
Aerospace re: USAir Flight 427 accident investigation (Irvine, CA; 01/
13).
Briefing/tour, Pacific Harbor Line railroad (Ports of Los Angeles
and Long Beach, CA; 01/15).
Led group of senior NTSB technical specialists to Airbus Industrie
and Aerospatiale, for technical training; to ATR, for technical
discussions re: ongoing NTSB investigations (flew ATR42 simulator)
(Toulouse, France); to Bureau Enquetes Accidents, technical training
(Le Bourget, France) (02/01-05).
Heli-Expo '99 and the 51st Annual Meeting, Helicopter Association
International (Dallas, TX; 02/23).
NTSB Bar Association Mid-Year Meeting (Dallas, TX; 02/24).
Briefings/simulator exercises re: USAir Flight 427 accident
investigation, Boeing Commercial Airplane Group (Everett, Renton and
Seattle, WA; 03/03-04).
Follow-up to NTSB Public Hearing on MS Ecstasy fire re: Carnival
Cruises' training programs at RTM Star Center maritime training
facility (Dania, FL); 1999 cruise ship conference (Miami Beach, FL)
(03/09-12).
EAA International Sport Aviation Convention (Lakeland, FL; 04/16).
Latin American Aeronautical Association Annual Convention and
Exposition (Miami Beach, FL; 07/15-16).
Briefings/meetings, command post for on-scene investigation of
EgyptAir Flight 990, Boeing 767-300ER, accident on October 31, 1999
near Nantucket Island, MA; all 217 onboard fatal (Quonset Point, RI;
11/01).
Via government aircraft (N1) from DCA (with Sec. of Transportation,
FAA Administrator, Egypt's Ambassador and others) to EgyptAir Flight
990 accident memorial service (Brenton Point State Park, RI; 11/07).
2000
Briefing, tour of terminal facilities, United Airlines ground
safety program at Los Angeles International Airport (Los Angeles, CA;
01/10).
Briefing at Crane Co./Hydro-Aire Division re: continuing
investigation of TWA Flight 800 accident (Burbank, CA, 01/10).
Inspection of wreckage from the August 1999 China Airlines MD-11
accident at Hong Kong International Airport, Boeing Commercial Airplane
Group (Long Beach, CA; 01/11).
Aviation Safety Alliance Legislative & Executive Seminar (Miami,
FL; 01/13-15).
Heli-Expo 2000 and the 52nd Annual Meeting, Helicopter Association
International (Las Vegas, NV; 01/23-26).
Florida International Aero Expo (Miami, FL; 02/13).
Cruise ship inaugural activities; RTM Star Center maritime training
facility (Ft. Lauderdale and Dania, FL; 02/15-16).
Briefing/tour, Wings Aviation Services re: proposed Safety
Recommendation from investigation of uncontained turbine engine failure
(Miami, FL; 04/12).
Transportation Safety Roundtable Discussion with U.S. Dept. of
Transportation Secretary Slater (Little Rock, AR; 05/01).
Briefing, Ride the Ducks re: Safety Recommendation M-00-5 (Branson,
MO; 05/19).
Briefing/tour, Trig Aerospace re: ongoing investigation of Alaska
Airlines Flight 261 accident (Santa Ana, CA; 06/05).
Inspection of Alaska Airlines Flight 261 wreckage (Port Hueneme,
CA; 06/06).
NTSB Bar Association Eastern Region Meeting (Howard Beach, NY; 06/
08).
Briefing/tour, Boston Duck Tours re: Safety Recommendation M-00-5
(Boston, MA; 06/09).
Site visit to The Admiral re: ongoing accident investigation of the
near breakaway of the moored vessel by drifting barges on 04/04/98;
briefing by The Admiral and U.S. Coast Guard personnel (St. Louis, MO;
06/16).
Rail safety inspection trip aboard Burlington Northern Santa Fe
intermodal freight train Z-CHCSSE2-11 (Shelby, MT to Seattle, WA; 07/
13-14).
Briefing/discussion with Alaska Airlines senior management re:
ongoing investigation of Alaska Airlines Flight 261 accident (Seattle,
WA; 07/14).
Safety briefing and hands-on demonstration of new off-throttle
steering system for Kawasaki personal watercraft, in response to NTSB
Safety Recommendation M-98-85 (Lake Mead, NV; 09/18).
Airports Council International-North America's 9th Annual
Conference and Exhibition (New York, NY; 10/01-03).
NASA STS-92 Mission: 100th Space Shuttle launch, including
briefings (Kennedy Space Center, FL; 10/04-05,10-11).
Alaska Airlines Base Maintenance Facility: observed MD-83
undergoing a C-check (in particular, the end-play check and lubrication
process of the horizontal stabilizer's jackscrew assembly), in
preparation for chairing public hearing on Alaska Airlines flight 261
accident (Oakland, CA; 10/18).
Alaska Airlines line-maintenance night operations at San Francisco
International Airport re: upcoming public hearing (San Francisco, CA;
10/19).
Aircraft Owners and Pilots Association (AOPA) Annual Convention and
Industry Exhibit (Long Beach, CA; 10/21-22).
Landing of Space Shuttle Discovery, NASA STS-92 Mission (Edwards
Air Force Base, CA; 10/24).
Aviation Safety Alliance ``Aviation Safety and Severe Weather
Conditions'' seminar; site visit to Bombardier Regional Jet
Manufacturing Facility (Montreal, Canada; 11/02-03).
2001
Alaska Airlines Flight 261 accident memorial service--gave remarks
(Naval Air Station Point Mugu, CA; 01/31).
U.S. Coast Guard commissioning ceremony, Cutter Blacktip, 87-Foot
Coastal Patrol Boat (Port Hueneme, CA; 02/01).
Briefing, Angels Flight funicular railway accident site; 1 fatal on
02/01/01 (Los Angeles, CA; 02/02).
Meeting with Mr. Robert J. Gilliland, SR-71A Lockheed Skunk Works
First Flight Test Pilot (Burbank, CA; 02/09).
2001 cruise ship conference; met with Executive Committee,
International Council of Cruise Lines (Miami Beach, FL; 03/06-08).
Briefings/U.S. Coast Guard Group Key West and U.S. Coast Guard
Station Key West (Key West, FL; 03/09).
Briefings/American Airlines Maintenance and Engineering Center re:
ongoing investigation (Tulsa, OK; 04/12).
Briefing/vessel inspection, Ride the Ducks re: ongoing
investigation (Branson, MO; 04/12-13).
Briefing/Boston Duck Tours maintenance facility re: ongoing
investigation (Boston, MA; 06/01).
Briefings/FedEx Express re: upcoming air cargo public hearing
(Memphis, TN; 06/14)
Briefing/vessel inspection, Ride the Ducks re: ongoing
investigation (Branson, MO; 06/16).
Briefing/Alaska Airlines headquarters re: ongoing investigation
(Seattle, WA; 06/28).
Briefing/The Boeing Company re: ongoing investigations (Seattle,
WA; 06/28).
Special Assistant to the Chairman/Board Member
April 1985-June 1991. Duties: Acted as conduit for information-flow
between Chairman and staff regarding matters internal and external to
Agency, including: accident notifications (round-the-clock); status
reports of investigations; briefings on safety situations of special
concern.
Directed staff concerning Chairman's opinions, comments and
recommendations for action in safety matters affecting all modes of
transportation.
Represented and served as intermediary for Chairman at meetings,
conferences, investigations, and functions.
Reviewed investigative reports, special studies, safety information
and procedures, and advised the Chairman on these subjects for
recommended actions.
Prepared correspondence, briefing material, and speeches for
Chairman.
Attended Chairman's meetings with staff, and with representatives
of other agencies and industry.
NTSB Experience as Special Assistant
Go-Team Launches
1985
05/15-17; Derailment of NYCTA subway train; Brooklyn, NY.
09/06-10; Midwest Express Airlines Flight 105, DC-9-14 crash, all
31 on board fatal; Milwaukee, WI.
09/29-30; Cessna 208 crash; all 17 on board fatal; Jenkinsburg, GA.
11/11-14; Midair collision of Falcon DA50 and Piper PA28; 6 fatal
(including 1 on the ground); Fairview, NJ.
1986
02/21-24; Texas Eastern Gas Pipeline Co. rupture and fire;
Lancaster, KY.
05/30-06/02; Intercity Tour Bus loss of control and rollover into
West Walker River; 21 fatal, 20 injured; Walker, CA.
1987
02/06-10; Capsizing, U.S. Charter fishing vessel Fish-N-Fool; San
Diego, CA.
11/16-22; Continental Airlines Flight 1713, DC-9-14 crash; 28
fatal, 54 survivors; Denver, CO.
1988
05/16; Piper PA28 non-fatal crash (Anchorage Field Office
investigation); Wasilla, AK.
05/26; Gates Learjet 35A crash (``field major'' investigation); W.
Patterson, NJ.
1989
02/27-03/02; CSX train derailment of butane cars, release/fire of
butane gas and evacuation of area residents; Akron, OH.
07/19-22; United Airlines Flight 232, DC-10 crash; 111 fatal, 185
survivors; Sioux City, IA.
07/23-25; CSX train derailment with release/fire of hazardous
materials; Freeland, MI.
1991
02/02-11; Runway collision of USAir Flight 1493, Boeing 737 and
Skywest Flight 5569, Fairchild Metroliner, LAX Airport; 34 fatal, 67
survivors; Los Angeles, CA.
04/12-13; Amtrak lite engine consist collision with Conrail coal
train; Chase, MD.
Public Hearings
1985
07/16-19; Collapse of U.S. Highway 43 Chickasawbogue bridge spans
near Mobile, AL; Atlanta, GA.
10/28-11/01; Delta Airlines Flight 191, Lockheed L1011-385-1 crash
at DFW Airport; 134 fatal, 29 survivors; Irving, TX.
1986
02/05-07; Henson Airlines Flight 1517, Beech B99 crash at Grottoes,
VA; all 14 on board fatal; Harrisonburg, VA.
02/10-13; Northwest Utilities Service Co. natural gas explosion and
fire, Derby, CT; Waterbury, CT.
02/18-21; Midwest Express Airlines Flight 105, DC-9-14 crash;
Milwaukee, WI.
04/30-05/02; Texas Eastern Gas Pipeline Co. rupture/fire; Danville,
KY.
12/02-05; Midair Collision of Aeronaves De Mexico, S.A., DC-9-32
and Piper PA 28 at Cerritos, CA; 82 fatal (including 15 on the ground);
Los Angeles, CA.
1988
06/22-24 & 10/04; Engine room fire and loss of propulsion, cruise
ship Scandinavian Star in the Gulf of Mexico; Miami, FL.
11/29-12/02; Delta Airlines Flight 1141, Boeing 727-200 crash at
DFW airport; 14 fatal, 94 survivors; Irving, TX.
1989
06/26-29; CSX train derailment of butane tank cars, with release
and fire of butane; Cleveland, OH.
1991
03/18-22; Northwest Airlines Flights 1482 (DC-9) and 299 (Boeing
727) runway incursion and collision, Detroit Metropolitan/Wayne County
Airport; 8 fatal (all on board the DC-9); Detroit, MI.
NTSB Formal Training
1985
05/06-08; Survival Factors Training Seminar; Washington, DC.
1986
03/10-21; NTSB Accident Investigation School: Aviation Accident
Investigation Course; Oklahoma City, OK.
09/17, 24; & 10/01; Report Writing for Managers Seminar;
Washington, DC.
1987
06/17-19; Human Performance Seminar; Arlington, VA.
1989
01/12; Aviation Go-Team Investigator-in-Charge (IIC) and Group
Chairman Training; Arlington, VA.
1990
03/07-08; Major Aviation Accident Investigation Procedures and
Coordination (re: Airbus Industries Products) Training; Arlington, VA.
Other Formal Training
1989
02/21-04/11; FAA Flying Club Private Pilot Ground School;
Washington, DC.
10/23-27; Hazardous Materials Advisory Council (HMAC) and
Government Services Institute (GSI) ``Transportation of Hazardous
Materials and Dangerous Goods'' basic course; Orlando, FL.
Represented the NTSB at the Following:
1985
19th Annual International Aviation Snow Symposium (Allentown, PA;
04/30-05/01).
Tour/briefing, FAA's Washington Air Route Traffic Control Center
(Leesburg, VA) and the new automated Flight Service Station at
Leesburg; tour/briefing of control tower at Dulles International
Airport.
Tour/briefing, U.S. Coast Guard's National Response Center
(Washington, DC).
Motor Vehicle Manufacturers Association & Western Highway Institute
Industry/Government Motor Truck Research Symposium (Wlliamsburg, VA;
08/27-28).
1986
University of Southern California's Institute of Safety and Systems
Management's ``Drug Impact in Aviation Environment: Forum '86'' (Los
Angeles, CA; 05/06-08).
International Northwest Aviation Council's Aviation Safety Seminar
(Whistler, British Columbia, Canada; 08/27-30).
Tour/briefing, General Motors assembly plant and Proving Grounds
(Pontiac, MI; 10/02-03).
Aircraft Owners and Pilots Association (AOPA) Annual Convention and
Industry Exhibit (San Antonio, TX; 10/29-11/01).
American Association of Airport Executives & FAA's ``Airport Safety
Seminar'' (Mesa, AZ; 11/03-04).
Tour/briefing, American Airlines headquarters, and Simuflight
Corporation headquarters (Fort Worth, TX; 12/10-11).
Tour/briefing, NASA's Kennedy Space Center, the NTSB's
reconstruction of the Space Shuttle Challenger wreckage, and launch
facilities (Kennedy Space Center, FL; 12/12).
1987
Smithsonian Institution Seminar ``Aviation Since WW II''
(Washington, DC area; Patuxent Naval Air Test Center, MD; 01/11-17).
University of Southern California's Institute of Safety and Systems
Management's ``4th Annual International Aircraft Cabin Safety
Symposium'' (Las Vegas, NV; 03/02-06).
Tour/briefing, Bell Helicopter Textron Inc. headquarters (Ft.
Worth, TX; 07/01).
FAA's HOST Computer dedication at Houston AirRoute Traffic Control
Center (Houston, TX; 07/27).
Allied Pilots Association's ``Airline Pilot Dialogue 1987'' seminar
(DFW Airport, TX; 07/29).
14th Annual Virginia Aviation Conference (Richmond, VA; 08/20).
Tour/briefing, Denver's Stapleton Airport & Control Tower, the
Doppler weather radar facility at nearby Buckley Field, and the
National Weather Service (NWS) Facility at Stapleton. Outside the NWS
Facility, observed actual microburst on airfield which was documented
by photo (Denver, CO; 09/02).
Air Transport Association's ``Engineering and Maintenance Forum''
(Cincinnati, OH; 09/30)
Tour/briefing, General Electric's Aircraft Engine plant (Evendale,
OH; 10/01).
Air Transport Association's ``1987 Airline Operations Forum''
(Annapolis, MD; 10/19-20).
National Association for Pupil Transportation (School Bus) Annual
Conference (Norfolk, VA; 11/02).
1988
Tour/briefing, Piper Aircraft Corporation headquarters and training
center (Vero Beach, FL; 01/28).
FAA's Aviation Safety-Education Seminar (La Grange, IL; 01/30).
Southern California Safety Institute, Inc. & FAA's ``5th Annual
International Aircraft Cabin Safety Symposium.'' Participated in live
demonstration (``in the water'') of survival equipment and wet ditching
procedures (Oakland, CA; 02/22-25).
Safety and Health Council of Greater Omaha's ``Expo 1988.'' Tour of
Union Pacific Railroad's headquarters (Omaha, NE; 03/23-24).
22nd Annual International Aviation Snow Symposium (Buffalo, NY; 04/
24-25).
FAA's ``Second Annual Aviation Education Super Safety Seminar''
(San Jose, CA; 05/07).
Tour/briefings/ship simulator training exercises, U.S. Merchant
Marine Academy (Kings Point, NY; 05/25-26).
1989
Southern California Safety Institute, Inc. & FAA's ``6th Annual
International Aircraft Cabin Safety Symposium.'' Participated in live
demonstration of survival equipment, wet ditching procedures, and ocean
rescue by helicopter (Long Beach, CA; 01/23-26).
Hearing of the Standing Committee on Transport, Parliament's House
of Commons (Ottawa, Ontario, Canada; 05/30).
Visit to the Canadian Aviation Safety Board (Hull, Quebec, Canada;
05/30).
``Hands-on'' demonstration/briefing of the Saab (runway) Friction
Tester (Dulles International Airport; 06/23).
Aircraft Owners and Pilots Association (AOPA) Annual Convention and
Industry Exhibit (Orlando, FL; 10/18-21).
1990
Southern California Safety Institute, Inc. & FAA's ``7th Annual
International Aircraft Cabin Safety Symposium'' (Napa, CA; 01/22-25).
Commercial Vehicle Safety Alliance 1990 Spring Conference
(Charleston, SC; 04/23).
Liverpool and London P&I's Second International Conference, ship
safety (Sliema, Malta; 04/24-26).
Paralysis Society of America's 6th ``Access to the Skies''
Conference (Phoenix, AZ; 09/09-11).
1991
Southern California Safety Institute, Inc. ``8th Annual
International Aircraft Cabin Safety Symposium'' (Costa Mesa, CA; 02/06-
07).
The Chairman. Mr. Hammerschmidt, thank you very much.
All four of you would actually be rendered unfit for Senate
service, given the brevity of your statements, but frankly, we
appreciate it. I have a number of questions. Let me begin, I
will not go on at great length.
First, Dr. Runge. You and I had a chance to have a rather
lengthy visit in my office, and I asked you, you know, do you
want to assume this office for the purpose of being aggressive?
Do you want to assume office for the sake of holding office, or
do you want to grab this office and do good things with it. I
told you that I, like many Americans, have lost a loved one to
drunk driving and have spent a great deal of time worried about
highway safety and drunk driving issues and so on. You told me
that you wanted to come here with a mission to really get
things done and accomplish some good things in these areas.
Would you describe that for me publicly?
Dr. Runge. Yes, sir. I will be happy to. This is a mission
for me. This decision to come to Washington was done at not
only great personal sacrifice, but it also meant uprooting two
teenage children from a very comfortable home in North
Carolina. The opportunity to be at NHTSA is the chance to
affect the globe, quite frankly.
When you have had the unfortunate opportunity to hold the
hand of a grieving mother, it makes me realize that there is
absolutely nothing more important than getting ahold of this
epidemic of a crash injury. As an example, you mentioned
impaired driving. I think our Nation has to take a good, long
hard look at itself with respect to this epidemic, quite
frankly. Losing nearly 17,000 people per year to alcohol-
related motor vehicle injury is just obscene, and I think it
will take leadership, strong and unswerving leadership, to
bring about a cultural change that will cause impaired driving
as an example to become not something that we simply wink and
nod at, and do if we can get away with it, but something that
is absolutely culturally taboo in our society.
The Chairman. Dr. Runge, I passed a piece of legislation
here in the Congress. It is now federal law, that requires all
states to prohibit open containers of alcohol in vehicles.
Eighteen states have yet to comply. Unforgivably, there are a
few states remaining in this country in which you can put one
hand on the key and put it in the ignition to start the engine
and you can put the other hand around the neck of a bottle of
Jim Beam and you can drink whisky and drive off and you are
perfectly legal. It is unforgivable that should the case
anywhere in this country and if someone thinks it is heavy-
handed for us to believe that no intersection in America should
be an intersection where you meet someone who is drinking and
driving legally, then it is a heavy-handed suggestion, but I
fully intend to pursue this. We have a law that apparently has
penalties that are not significant enough because there are 18
states that have not complied with the prohibition of open
containers of alcohol. I hope that you will work with me to
convince the states that is the important thing to do. It is
the law. If we need to tighten the penalties, that is something
we should do together.
Dr. Runge. Yes, sir. I would be more than happy to work
with you on that issue. As you know, NHTSA is prevented from
directly lobbying states and providing information. I would
appreciate that.
The Chairman. Just one additional question for you, Dr.
Runge. You are subject in that position to a lot of very
powerful influences back and forth. Some child is dead because
someone has a product that is unsafe. Tread separates on tires
and it does it again and again and again and again at 150
times. And someone says we need to step in and do something
here. We need to call attention to this. There are powerful
influences that want agencies to step aside, let us study, and
let us think. Again, I am hoping that you will be an aggressive
advocate for using this office for the purpose for which it was
created.
Dr. Runge. Thank you, sir.
The Chairman. Let me say again, I am pleased to support
your nomination. I think President Bush has chosen well. Let
me, in the few minutes I have remaining, ask additional
questions.
Mr. Hammerschmidt, you have, I think, served this country
well. I had the privilege of serving with your father when he
was a Member of the U.S. House of Representatives, and both he
and you have provided great service to this country, and I have
great respect for you, and I am pleased to support your
nomination. Mr. Wolff, we have something called CAMS [Commerce
Administrative Mangement Systems], I believe over in the
Commerce Department. It is one of these, it appears to be
almost bottomless pits that consumes a great deal of money and
produces very little for it. We have these in other areas. The
Internal Revenue Service is one. The FAA is another, where we
put together all these programs, spend a lot of money and do
not get what we expect. What's your assessment about that? What
are we going to do about that?
Mr. Wolff. Senator, indeed it is consuming an awful lot of
resources both in terms of money, people, and time. CAMS was
procured as a COTTS system in 1994 through Andersen Consulting,
and the subsidiary Reltech or subcontractor Reltech. I am not
saying it was the wrong decision at the time. I wasn't there to
make those decisions, but I do know that the product that was
delivered by the subcontractor was imperfect. It had some
flaws, and I think there were some management problems
attendant to the implementation of the system. I have gotten
into it. I have been briefed several times on it. I am still in
the middle of sorting through what we need to do, and I pledge
to work with this Committee on putting a good financial system
into the Department of Commerce.
The Chairman. Mr. Wolff, you have had experience, I
believe, both in the Commerce, in the Commerce Department
previously, now back to the Commerce Department, and I am
pleased to support your nomination and hope that you will work
closely with us in a range of issues.
Let me ask a final question of Ms. Victory, if I might. The
post that you assume is going to be very important. NTIA is a
very important post. Let me harken back to Larry Irving, who I
work closely with. Every time the FCC attempted to talk about
lifting ownership limits on radio and television stations,
Larry Irving, as the head of the NTIA, was aggressively filing
missives over at the FCC on behalf of his Administration, of
course, to urge the Commission not to liberalize ownership
limits. I happen to have agreed very strongly. I think it is
very important to do. I will not ask you specifically about
your views about that. I do want to meet with you and talk to
you about that at some point. But are you intending to be an
activist over there in grabbing some of these issues? My
intention is that NTIA is a very important post that needs a
very activist administrator at this point. Tell me how you view
that role and what your intentions are?
Ms. Victory. Well, I do agree. I hope that I get an
opportunity to be an activist over there. I think this is an
extremely important time for the telecommunications industry.
The importance of the telecom information industry to our
country and in terms of the economic growth of our country is
extremely significant, and with new technological developments
arising every day, we certainly want to make sure that they are
deployed to all Americans as quickly as possible, and as
effectively and efficiently as possible so that they can
participate and ensure that we remain a leader.
There are a number of issues that are teed up initially for
me to get involved in. I think the big one is the spectrum
issue. We are increasingly seeing more and more uses for the
wireless spectrum, and unfortunately, it is a finite resource.
On the positive side, there are always spectrum efficient
technologies being deployed, but once you already have uses of
the band, you have quite a complex question of how do you get
these new uses into play when there are already uses in the
spectrum.
One of the things I hope to take a look at is the spectrum
allocation process. Are there ways to make it more efficient
and effective? Are there ways to increase our effectiveness on
the international arena in terms of being able to advance
national interest.
On the broadband side, as well, I know that is another
issue that is teed up. I am a believer of the goals of the
Telecom Act of 1996 in terms of competition being the best way
of ensuring that services are deployed, however, there may be
areas such as rural areas where a little extra attention may be
warranted, and I know there are several legislative proposals
and certain other options that people are considering for
purposes of helping to spur that. Those are things that I hope
to look at and hope to talk to you all about if I am confirmed.
The Chairman. With the indulgence of my colleagues, the one
last question I will ask, Ms. Victory, I ask I think for your
benefit, because I think it should be asked here.
You have worked with the Office of Government Ethics, I
think, to deal with the potential questions of conflict of
interest inasmuch you have represented telecommunications
firms, and I believe your husband has as well, and because
questions have been raised about it, I informed you before the
hearing that I was going to ask you simply to respond to the
question of how you have worked with the Office of Government
Ethics so that you are able to resolve the questions. I notice
there was, I think, a Wall Street Journal story today about
that subject, so I think it would benefit the Committee. I
intend to support your nomination, but I think for your benefit
and the Committee's benefit, it is important for you to address
that.
Ms. Victory. Well, I do welcome the question. I do
appreciate the opportunity to respond to the article and to be
able to make statements in correcting certain information in
it. I take ethics and the conflict of interest rules extremely
seriously and that is why as part of this nominations process
very early in the process, I sat down with the Office of
Government Ethics with the General Counsel's office at the
Department of Commerce and with the ethics folks in the White
House Counsel's office as well, and I went through in detail
with them my personal assets, my personal business
relationships, my husband's personal assets, his personal
business relationships. Based on those very detailed
discussions, those ethics experts made certain suggestions as
to what we should do in order to avoid a conflict of interest.
I have either implemented or promised to implement all of
those directives from those ethics experts. I know that the
article this morning mentioned that I do own some stock in
telecommunications companies. The three companies that are
mentioned, I no longer own that stock. I actually sold it quite
a while ago. To the extent there are any other stocks that I
need to sell, I have made a commitment to sell those either
immediately prior to, or immediately after I am confirmed in
order to take care of that problem.
Further, I went through with the ethics experts whether or
not I would need to be recused from too significant a number of
matters, and we went through a list of NTIA matters that the
Assistant Secretary would typically work on and looked at those
based upon our assets and business relationships. Based upon
that discussion, we have only been able to identify one mater
in which I might need to be recused absent a waiver. That
matter is not 3G, so it would seem to me that there would not
be a significant block in moving forward. This is an issue that
I am very, very sensitive to, something that I will have to
have a continuing dialog with the ethics experts about the
types of concerns that were raised in the Wall Street Journal
article this morning. I think I can address those.
The Chairman. Would you submit to the Committee information
on the matter that you would be required to recuse yourself on
so that we have that information prior to tomorrow?
Ms. Victory. I can tell you right now, it would be the
ultra wideband proceeding, looking at the deployment of ultra
wideband services.
The Chairman. Senator Allen.
Senator Allen. Thank you, Mr. Chairman. My only questions
are to Ms. Victory. You actually answered some of the
questions, or addressed some of the questions I was going to
ask you questions about. The one is broadband. The other is 3G.
Let me follow up a little more with it and see, if you are
willing. You may feel it is not appropriate to comment at this
time. But on the broadband deployment, I know the concern of
the two Senators here, Chairman Dorgan and Senator Burns, as
far as getting broadband, especially to rural areas. As my good
friend, Senator Burns will say, there is a lot of dirt to dig
if you are using fiber-optics as a way of doing it. I am a co-
sponsor of Senator Rockefeller's bill, S. 88, which is a
broadband tax credit for deployment. What would your view be of
making it more, let us say technology neutral, in that the
incentives are there as well for wireless, which may be a more
practical way of getting broadband capabilities to rural areas
and mountain hollers and so forth?
Ms. Victory. Well, as I mentioned, I do agree that looking
at how to speed deployment of broadband to rural areas, and
even some suburban areas, because I can't get it out in my
suburb either, is definitely a goal that I will be looking at.
There are a number of legislative proposals, including the one
that you mentioned. I don't believe at this time the
Administration has taken a position on any of the legislative
proposals yet. At this time, I do not have a personal view, but
I do agree with you that any, any incentives that we decide are
necessary should be technology neutral.
One of the wonders of the telecommunications industry is
there often is not just one way to provide a service, and if
there is one way, it is not one way for long, because
technology continues to develop. So I very much agree with you
that whatever, whatever incentives are pursued should be
technology neutral, and that is something that I, if confirmed,
hope to dive into right away and take a look at what are the
best options for doing so.
Senator Allen. Thank you. I do suspect that fiber will be
important, and wireless will be, as well as satellite, in that
mix. On the issue that everyone is talking about, 3G, we all
know that this is the next step. It will be very, very
important. However, there is a great deal of concern about the
timing of this, when it should go forward, and obviously in
some regards, depending upon which part of the spectrum is
allocated, national security matters as well.
At this point, would you be willing to identify the most
promising chunks of the 1755 to 1850 megahertz spectrum that
could be available in the short term for commercial 3G use?
Ms. Victory. That is a loaded question.
Senator Allen. It sure is. I did phrase it, would you be
willing to?
Ms. Victory. This is an inordinately complex question, and
one where there are tremendous emotions on all sides,
understandably, but there are very significant concerns at
stake. I think my goal in this process at this time, I don't
think I could identify for you what is the best option, what
are the most likely bands for 3G or to reallocate certain bands
from government use over to commercial use.
I think my role in this whole debate is going to be trying
to create a climate where the parties are engaged in a
constructive dialog in the spirit of accommodation. There are
valid concerns on both sides. I think, I want to set up a
process where we really can get to what are the real concerns.
What are the real problems? There are a lot of options that
have been presented. Each option carried with it certain
pitfalls, certain timeframes in terms of viability, and what I
would hope to do is to participate and help to set up a process
where we can go through the options that have been identified
so far, go through perhaps some additional options, being a
little bit creative and trying to take a real assessment of
what costs are involved, what, what spectrum can some of these
uses be reallocated for? Could some of them potentially be
relocated to existing commercial uses or cannot they? Or cannot
they be relocated at all? And what are the timeframes for doing
so? And then after we identify those things, we can make an
honest assessment as to what is the most viable option in the
timeframes if the folks need it. But the most important thing
is it is got to be a conversation with all of the sides coming
to the table in the hopes of resolving this issue
cooperatively, and that is what I will be trying to foster.
Senator Allen. That seems like a reasonable strategic plan.
Hopefully you will be able to do it. Now, in the short term,
there is going to be an auction, or there may be an auction on
the 1710 to 1755 megahertz chunk of the spectrum to release
that. There is an auction at least for this moment set for
2002. There was discussion about waiting on that with concerns
that many in the commercial industry are not ready to utilize
it, but others will say gosh, we have to get involved in it,
otherwise we will be left out whenever that arises. What is
your, if you do have a view, or if the Administration has a
view, on the timing of that auction?
Ms. Victory. I do not know if the Administration has
expressed a formal view on that. Clearly with respect to
getting back into the, back to the table on 3G, that process
should occur long before that date and perhaps there should be
some answers so we know what direction to go on that auction
date, but at this point, I cannot give you a specific answer on
that.
Senator Allen. That is going to be probably one of the
first decisions working with Dr. Powell, but you'll all have to
determine, I believe, on that issue. I have no further
questions, Mr. Chairman. Thank you for your eloquent
knowledgeable answers. I look forward to voting for your
confirmation.
The Chairman. Senator Burns.
Senator Burns. Thank you very much, Mr. Chairman. I just
have one question, I guess, of Ms. Victory. It is pretty
obvious from yesterday when we had the hearing on spectrum that
we are not using the spectrum that we have allocated now that
is already in use efficiently. In other words, there are new
technologies that would allow us to do a lot more with the
spectrum that has already been allocated. Do you have a feeling
toward that?
Ms. Victory. One of the things I would certainly like to
look at is whether there are certain incentives that we could
implement that would encourage existing licensees of the
spectrum to implement more spectrum efficient technology. I do
not know what those mechanisms will be at this time. But I do
agree with you that once licensees are given their spectrum, as
long as they meet certain buildout requirements, pretty much it
is theirs, and I think that you do need to try to figure out
what are some of the incentives we can use in order to
encourage licensees to implement new technology that would
allow them to provide perhaps the same services in half the
bandwidth that they are currently using. With spectrum
efficient technologies increasingly being developed, I think
those sorts of incentives do need to be in place, and I am
going to look forward to trying to discover what they might be.
Senator Burns. Well, it will always be obvious that the
industry will always say we need more spectrum, we need more
spectrum. There will always be a demand for more spectrum.
Whenever we start down this road of trying to pass any kind of
legislation that deals with management of that spectrum, if you
think there was a lot of moving parts in the 1996 Act, you wait
until we start down this road of performing this. There will be
a lot of moving parts. And I would suggest that, I think the
role that you will play as the liaison between Congress and the
Administration, or putting forth the Administration's approach
to how they would like to see their policies with regard to
telecommunications. The FCC, you have two different roles, I
think, and now we have heard suggestions that we should, some
of the functions, they should be put together and function
together--NTIA and FCC.
I am not one of those. I think your function is primarily
in the area of policy and how the Administration views
telecommunications and where you want it to go. It was fairly
obvious yesterday that if we do not allocate more spectrum,
then the technologies to use the present spectrum--in other
words, putting a lot more in a bushel basket than just a
bushel--that those technologies will continue to be developed.
That is what I drew from the hearing yesterday.
Now I am just going to ask you, what do you think the
wireless industry will look like in 5 years, in 10 years from
now? What kind of a vision do you see the role that it plays
and can you, not right now, but I would say our next visit,
advise us on how we can get there?
Ms. Victory. Senator, I knew what the wireless industry, if
I was confident what the wireless industry would look like in 5
years, I don't think I would be applying for this post. I think
I would be investing in the stock market. It is hard to tell.
One of the problems with trying to have a long-range
planning process in the spectrum allocation process is you do
not know what technology is going to develop tomorrow, and you
certainly do not know what consumers are going to want. You
know I think one of the great things or one of the good ways to
try to figure out what consumers might be using a couple of
years is look at what the kids are doing now. I am always
amazed with my stepkids as to how they are using technology.
They are using it in ways that I would not have even imagined,
and that tends to be what adults will pick up on then in a
couple of years. We seem to be a little bit behind them.
I think the uses are going to be much, many more
capabilities through wireless handsets. Of course, it will be
constrained by the spectrum that is available and that is why I
think some of the policies that NTIA will be working with at
the FCC are critically important. But I do think that we are
going to be having much, much more information going to
wireless handsets. They are going to be much more ubiquitous,
service is going to be better and hopefully more capabilities.
But it is very, very hard to predict just because the
technology develops so quickly, and the whims of the consumer
changes very, very fast as well.
Senator Burns. Dr. Runge, I think you are taking over a
very important post, and I appreciate you coming by the office
and visiting. I just want to tell you that we have all had our
experiences in an emergency room, and so I am very aware of
your work, and the importance of your work, and also the
importance of your vision of what you are taking on here. Mr.
Wolff and Mr. Hammerschmidt, of course, I know Mr.
Hammerschmidt's father, too, and so we welcome you all to
public service.
We are very fortunate in this country to have people who
are willing to go through and jump through all of these hoops,
fill out all this damnable paperwork. I wouldn't do it. And I
just head back for the hills and this is the last time you
would ever see this old cowboy. I would be gone.
But nonetheless, it proves to me that there are people who
sincerely want to serve this country. And have an idea, and a
vision of where we want to go, and I applaud you for that
because it is a work--it is a labor of love. It is not a
labor--you are not going to get rich. I will tell you that. And
so we welcome you here. I plan to support all four of these
nominees. Thank you, Mr. Chairman, for this hearing today.
The Chairman. Thank you very much. Just two additional
questions. Dr. Runge, as you know, as part of the TREAD Act,
NHTSA was given some very substantial tasks, and I think there
are upwards of a dozen rulemaking processes going on. Some of
them are very large undertakings, tire pressure. I think the
tire pressure rulemaking was just released, but tire standards,
rollovers and others. If you need more resources, are you
committed to moving forward on all these fronts, and if you
need more resources, will you come to us for more resources?
Dr. Runge. Yes, sir. I am not sure I have ever been asked
that question before.
Senator Burns. Well, you just were.
Dr. Runge. Thank you very much. I will say that I have been
briefed to the extent that the agency is very proud that they
are on time with all of the rulemaking for TREAD, and, should I
be confirmed, I will keep you very much informed of that, and
yes, I will be back.
The Chairman. We have asked that question because a lot of
rulemakings are under way. We are all aware of the substantial
controversy dealing with the tire issues. And you know,
substantial number of deaths are involved in those issues. I
think that it requires very aggressive action on the part of
the agency, and it is an agency that is critically important at
this point. There is a lot to do. I am just asking that you be
active and aggressive.
I would hope that we would not see slippage of the
rulemakings because we are told that resources do not exist to
do that. It seems to me in that circumstance, we would want to
go into the larger industry and move resources around. That is
my point.
Second, Ms. Victory, you indicated that you are unable to
get broadband DSL at your home. Did I hear you say that?
Ms. Victory. I did.
Senator Burns. I can't either.
The Chairman. Let me ask you, why are you unable, in your
judgment, to get broadband or DSL broadband service in your
home? You live in a suburb of Washington, DC?
Ms. Victory. Well, I live in a fairly rural suburb. I live
out in Great Falls, Virginia. My understanding is because of
the rural nature, and because we are so far from a central
office at this point, it is unable to be deployed.
The Chairman. Who told you that?
Ms. Victory. I have tried to see if the service was
available. The service was not available when I inquired about
it some months ago.
The Chairman. Did it make you angry?
Ms. Victory. It would make life easier for me if I was able
to obtain the service. Yes.
The Chairman. Were you just a little upset?
Ms. Victory. I guess it saved me some money.
The Chairman. The reason I am asking you this question, I
think this is the bull's eye of some policy issues dealing with
the job that you aspire to have, and I will tell you that if
you lived in Minot, North Dakota, today, no matter where you
lived in that city or outlining rural areas, including small
towns, you would have that service from Source River Telephone
Company. Now why? Because that telephone company bought from
the old Northern States Power, the telephone system, and it is
a co-op and it decided that it was going to make broadband
universally available to its entire service system. It has done
that. Senator Burns lives in a suburb of Washington, DC.
Senator Burns. Three miles.
The Chairman. And does not have broadband. Why doesn't
Senator Burns have broadband? Because the provider that
normally would do that has simply decided they are not going to
do it. And he does not, I assume, have competition for his
local service. I assume nobody is knocking on his door saying
we have got a deal for you. You have got a monopoly of local
service, and we have competition. No competition, monopoly
service, no buildout of DSL, because they designed not to do
so.
Senator Burns. No. If the Senator would yield, I just got
this last week, got a little flyer and I have been poking
around and looking for it. I have got a wireless provider now
where we live down there. We live in a low-rent, high-crime
area down here.
Senator Allen. It is in the District.
Senator Burns. No. It is in Virginia.
Senator Allen. No. It is not. I normally like your stories.
This one is too tall.
Senator Burns. There is some wireless services that are
coming in now, are being deployed, and we are going to look
into those situations, but there is some competition coming,
and now, when it wakes up the local loop guy, I do not know.
But sometimes they just never wake up.
The Chairman. You sound like Reverend Mike talking about
the sweet by and by here. The service is coming. The reason I
asked the question is because you and Ms. Victory and I and
virtually everyone else are subject to the whims of an
incumbent carrier who decides whether they will or will not
build out DSL. There are many areas of this country where you
ought to have DSL service, they say we are not going to do
that. You have a digital divide. Some of the digital divide is
in America's cities. Most likely it is in the far rural
reaches. And the bull's eye of public policy in my judgment for
you in a wide range of areas is to make sure we have
communications capability in this country that are universal,
and that includes not just a telephone, but it includes
advanced services which we wrote in the 1996 Act. The only way
that is going to happen is if it is supported by the universal
service fund if the FCC is capped contrary to the law we wrote,
Senator Burns and I, and others actually helped write those
provisions.
You have got a lot on your plate. My hope is that every day
when you go to work you understand that I couldn't get DSL at
my home and I am a little upset by that and I am going to
change public policy that provides robust competition, but
provides stimulus to those incumbent carriers so we get rid of
this digital divide. You want to respond to that, colleagues, I
think the President has chosen well, and I would echo the
comments by Senator Burns. It is important to ask men and women
to present themselves for public service to serve our country
and you and your families I hope are proud of your willingness
to do that. This hearing is adjourned.
[Whereupon, at 3:25 p.m., the hearing adjourned.]
A P P E N D I X
Response to Written Questions Submitted by Hon. John McCain to Dr.
Jeffrey William Runge
Highway Epidemic
Question 1: You indicate in your biographical and financial
information questionnaire that traffic injuries should be treated the
same way we treat infectious diseases in this country. Would you expand
on what you meant by this statement?
Answer: In the United States, injury is the leading cause of
traumatic death of persons of every age from 6 to 33 years and motor
vehicle injury is the number one cause of death from injury. By nearly
every measure, the injuries and deaths associated with motor vehicle
crashes should rank as one of the nation's most pressing public health
priorities. The economic cost alone of motor vehicle crashes in the
United States is estimated to be more than $150 billion each year.
I believe that NHTSA must continue to address motor vehicle crash
injury and death as a major public health problem. In the public health
community, advances are made in the control of disease by understanding
the root causes and spread of the disease and its cures. In the case of
motor vehicle crash injury, this understanding is the result of
contributions from many disciplines, including epidemiology,
engineering, research and analysis, and the biomedical and social
sciences. It thereby necessitates the cooperation of officials at the
Federal, State, and community levels to be successful. This
comprehensive approach involves the prevention of crashes from
occurring, mitigation of the severity of the injuries once a crash has
occurred, and provision of timely treatment of these injuries in the
post-crash phase. It also involves the reduction of hazards
(environmental, vehicular, and behavioral) and control of the vectors
of spread of injury (impaired, arrogant, and drowsy drivers).
This conceptual framework for addressing traffic injury control is
critical to the success of reducing the traffic injury toll. As NHTSA's
Administrator, I will use this comprehensive approach to focus the
agency's resources to develop and implement innovative, thoroughly
evaluated, effective safety programs.
Lessons from Firestone Tire Recall:
Question 1: You have observed the Firestone tire investigation as
most Americans have, that is, as it played out on the front pages of
newspapers and on TV. As an outside observer, what lessons do you think
NHTSA can learn from this?
Answer: One of the most important lessons is that NHTSA must
identify potential safety-related defects earlier. To do this, the
agency needs to access information in the possession of vehicle and
equipment manufacturers that previously has not been available to the
agency. Congress recognized this problem and has helped to ensure its
solution by enacting the TREAD Act.
Office of Defects Investigation (ODI):
Question 1: There is evidence that NHTSA's Defect Information
Management System (DIMS) may be inadequate. DIMS, for example, did not
capture information about the tread separations on Firestone tires.
Last year, I asked the DOT Inspector General, Ken Mead, to conduct an
analysis of the Office of Defects Investigation, to include a review of
the DIMS system, and this report should be completed shortly. Do you
envision a better way of collecting and storing consumer complaints
than is currently in place? What approach beyond posting information on
NHTSA's website do you recommend for alerting consumers of safety
defects?
Answer: The current Defects Information Management System, utilized
by NHTSA's Office of Defects Investigation (ODI) to store all of its
data, which includes information on consumer complaints,
investigations, and recalls, has remained essentially unchanged since
it was initially developed in the mid-1980s. Over the years, ODI has
become increasingly aware of several serious inadequacies in that data
system, some of which were highlighted during the Firestone tire
investigation. As a result, ODI requested and received additional funds
to design and implement a new system to identify potential defects in a
more timely manner. The development of this system is particularly
critical in light of the significant amount of additional information
that ODI will be receiving under the ``early warning'' provisions of
the TREAD Act.
With respect to alerting consumers about safety defects, because
vehicle registrations are required in all states, virtually all motor
vehicle owners receive recall notices directly from the vehicle
manufacturers. Unfortunately, there is no similar mandatory system in
place for capturing the names and addresses of owners of motor vehicle
equipment, such as child safety seats, tires, or aftermarket equipment.
The result is that owners of the unregistered seats, as well as owners
of other aftermarket equipment, do not receive direct notification from
the equipment manufacturer that there has been a safety-related recall.
I believe that NHTSA can do more to distribute information about
recalls, and I will work to accomplish this.
Updating Obsolete Standards Not Required in TREAD
Question 1: While the TREAD Act directs NHTSA to initiate a
rulemaking to revise and update tire standards that have not been
updated in 30 years, the Act does not require NHTSA to revise other,
equally old and probably obsolete standards such as the roof crush
standard despite 10,000 deaths/year in rollover accidents. What action
will you take to ensure that NHTSA adequately revises the roof crush
standard?
Answer: I will do all I can to reduce the number of fatal and
serious injuries caused by rollover crashes. Regarding the roof crush
standard, I will carry out Deputy Secretary Michael P. Jackson's
commitment, made at the House Energy and Commerce Committee's joint
subcommittee hearing on June 19, 2001, to publish a notice this summer
in the Federal Register to request comments on NHTSA's roof crush
research. Upon receipt of those comments, I will make the analysis and
the determination of a sensible and meaningful upgrade to Federal Motor
Vehicle Safety Standard (FMVSS) No. 216, ``Roof crush resistance,'' one
of my highest priorities.
Question 2: Should NHTSA undertake to review regularly and update
all of its motor vehicle safety standards?
Answer: I intend to establish a new review process that will lead
to systematic reviews of all the safety standards on a regularly
scheduled basis. The agency is developing a plan to implement this
process. After completing the review process, which will examine all
the available data to determine safety need, technology developments to
ensure the standards are still testing appropriately, and other
factors, NHTSA will decide if the particular safety standard needs to
be updated. I plan to involve the public in this process by seeking
public input during the review and advising the public of the agency's
decision about whether to update the standard after we complete the
review.
Question 3: An article that appeared recently in The New Yorker
suggested that past decisions by NHTSA to emphasize passive-restraint
systems, rather than increasing seatbelt usage, may have been wrong.
The article suggested that, while passive restraint systems have
undoubtedly saved lives, European countries that focused more on
educating their citizens about the benefits of seatbelt use have
surpassed the U.S. on highway safety. Do you believe that NHTSA has
over-emphasized passive restraints and under-emphasized seat belt use?
Answer: No, I believe that NHTSA has neither over-emphasized
passive protection nor under-emphasized seat belt use; both are
important. My attention as Administrator is on the future rather than
the past. NHTSA will continue to take a balanced approach, focusing on
both human factors and vehicle design to optimize motor vehicle
passenger safety. The goal is for the safest possible vehicle fleet to
be driven in the safest possible manner. Clearly, the immediate use of
seat belts by all Americans would bring about a rapid reduction in
death and injury on the highways, and I deem it a top priority to work
toward that goal. More primary seat belt laws are needed at the state
level, and enforcement must be enhanced. I will ensure that the agency
does all that it can, within the limits of its statutory prohibitions,
to provide assistance to the states with the provision of scientific
information to make those legislative decisions and support enforcement
of those laws.
Passenger Vehicle Compatibility
Question 1: In collisions between small passenger vehicles and
lights trucks or vans, including SUVs, passengers in the small
passenger vehicles are more likely to be seriously injured or killed.
The increase in the overall number of light trucks and vans on the road
could compound this problem, though some manufacturers are addressing
this issue, such as Ford, which recently said that over the next
several years it will lower the steel beams inside the front ends of
all Ford sport utility vehicles and pickups to the same height as in
cars. Do you think the market alone will take care of this
compatibility problem?
Answer: It is too early to say whether the market alone will take
care of the compatibility problem. The increased popularity of light
trucks and vans (LTVs) pickups, SUVs, and minivans presents a growing
safety problem that needs to be addressed.
NHTSA's immediate research goal in this area is to generate
knowledge that the government and industry can use to reduce the hazard
posed by vehicle incompatibility. However, I believe that manufacturers
have the responsibility to test their vehicles thoroughly to ensure
that they are not overly aggressive before introducing them into the
fleet. I will closely monitor progress in this regard, and take
decisive action if Federal requirements are needed.
Rollovers
Question 1: NHTSA recently issued comparative rollover ratings for
passenger vehicles based on a static test. Some consumer groups and
manufacturers have criticized the adequacy of this rating, however, and
urged instead that NHTSA develop a dynamic rollover test that could,
they claim, more accurately predict a vehicle's propensity to roll
over. The TREAD Act requires NHTSA to develop such a test by 2002. Will
NHTSA meet this deadline?
Answer: Yes, NHTSA will meet this deadline. NHTSA has been doing
testing since May to develop a driving maneuver based test for rollover
resistance. The agency published a request for comment on this research
activity on July 3, 2001, and is awaiting public comments. A final
notice will be published on the dynamic maneuver test ratings in
November 2002.
Driver Distraction by In-vehicle Displays
Question 1: Concern about the relationship between driver
distractions and accident rates have led some state and local
governments to try to restrict drivers' use of cell phones. Even as
this is occurring, manufacturers are introducing or proposing to
introduce cars that contain interactive video and audio devices, Global
Positioning Satellite displays, and fax machines. What should, if
anything, NHTSA do to ensure that these devices don't compromise
safety?
Answer: I understand that NHTSA has been researching the
relationship between distractions and driving performance since 1991.
NHTSA has been studying the relative demands of different types of
systems, including cell phones, navigation systems, and audio system
controls, etc. NHTSA will continue its research to understand how
drivers' use of technology affects their safety-related performance.
This research will utilize the capabilities of the new National
Advanced Driving Simulator. The agency intends to work with industry to
support the development of test procedures and guidelines to design
equipment that minimizes or eliminates driver distraction. I also
believe that manufacturers have the responsibility to understand the
ramifications of introducing these systems on the driving task before
introducing them into the fleet. It should be expected as a
demonstration of corporate citizenship not to depend solely on the
regulatory efforts of the Federal Government to ensure that their
products are safe. The agency will nevertheless be as vigilant as
possible in monitoring the introduction of these products and their
impact on safety.
CAFE Standards
Question 1: Because of appropriations bills riders, the Corporate
Average Fuel Efficiency (CAFE) Standard for light trucks has remained
frozen at 20.7 miles per gallon since model year 1996. You mention in
your biographical and financial information questionnaire that lifting
the freeze would enable NHTSA to quickly address this issue. Does this
mean you are in favor of raising the CAFE standard for light trucks?
Answer: I have no preconceived position on whether the light truck
standard should be raised, only that the standard be established based
upon sound science. Determining fuel economy standards requires
difficult trade-offs among environmental benefits, vehicle safety,
cost, oil import dependence, and consumer preferences, issues discussed
in the recent report of a National Academy of Sciences panel. Assessing
these trade-offs requires detailed analyses and scientific studies.
Consequently, I believe the rider should be lifted so NHTSA can address
the issue analytically and through the administrative process.
Question 2: The Alternative Motor Fuels Act of 1988 gave
manufacturers of vehicles that run on alcohol or natural gas, either
exclusively or in addition to gasoline, a credit toward the
manufacturers' corporate average fuel efficiency standard. The Act
required the Secretary of Transportation, in consultation with the EPA
Administrator and the Secretary of Energy, to submit a report to
Congress by September 2000 on the success of the CAFE credit in
promoting alternative fuel use, and for the DOT to decide by the end of
this year whether to continue the credit until 2008 or end it in 2004.
When do you expect the DOT to submit the report to Congress?
Answer: DOT, working with EPA and DOE, has drafted the report. I
expect that this report will be submitted to Congress before the end of
summer.
Vehicle Importation
Question 1: I understand that NHTSA is proposing to relax
requirements that registered importers post a bond and certify a
vehicles' compliance with U.S. safety standards before the imported
vehicle can be sold in the United States. Some have suggested that
these and other proposed relaxations of import restrictions will not
only compromise safety, but will make it more difficult to identify
stolen vehicles. I understand that NHTSA's Office of Vehicle Safety
Compliance has justified its proposal in part on the lack of available
resources, which, according to some reimporters, has led to undue delay
in the importation process and uneven application of the law. Do you
believe that the importation requirements should be relaxed as NHTSA
has proposed?
Answer: NHTSA's Notice of Proposed Rulemaking was issued on
November 20, 2000. The agency is currently reviewing the comments,
which were due by February 1, 2001. NHTSA does not believe that the
proposal would compromise safety in any way. NHTSA also does not
believe that the proposed rules would make it more difficult to
identify stolen vehicles. Nevertheless, I assure you that the agency
will carefully consider all comments before a final action is taken.
______
Response to Written Questions Submitted by Hon. Olympia J. Snowe to Dr.
Jeffrey Runge
Lead-in:
Throughout my tenure in Congress, I have been a staunch advocate
for efforts to enhance highway safety. NHTSA is a key agency in the
fight to reduce fatalities and enhance safety on our roads and
highways, in a whole range of different ways. For example, NHTSA
investigates safety defects in motor vehicles, sets and enforces fuel
economy standards, helps states and local communities reduce the threat
of drunk drivers, promotes the use of safety belts, child safety seats
and air bags, investigates odometer fraud, establishes and enforces
vehicle anti-theft regulations and provides consumer information on
motor vehicle safety topics. In the wake of the Firestone tire recall,
I believe that NHTSA's role will become even more important, and we
must continually re-evaluate the agency's funding and authority in
order to ensure that it has all of the tools it needs to accomplish its
important mission.
Question 1: What will your highest priority be, if confirmed to
this position?
Answer: My highest priority for the duration of my tenure as
Administrator will be to engage the American public in our mission, to
reduce death and injury on our nation's streets and highways. It is
imperative to bring into focus for the American people the fact that
traffic injury is a disease that requires the cooperation of every
American citizen to control it. It is the leading killer of children
over age 3 and of adults to age 35. It can be controlled in the same
way we have controlled infectious diseases in this country, but it will
require leadership at the very highest levels to accomplish it. Careful
attention to immunizing the public against traffic injury through the
use of seat belts and child restraints, responsible driving, and the
use of safe and crashworthy vehicles is a top priority. By nearly every
measure, the injuries and deaths associated with motor vehicle crashes
should rank as one of the nation's most pressing public health
priorities. The economic cost alone of motor vehicle crashes in the
United States is estimated to be more than $150 billion each year.
Operationally, my more immediate goal is to ensure that the
agency's programs and resources are focused solely on the mission of
decreasing traffic crash injury and death. This will entail the use of
a balanced program that focuses on driver behavior and safe vehicle
design. All programs should be subject to thorough evaluation, so that
resources can be focused on those with demonstrated effectiveness.
Strategically, the agency will re-examine its long-term goals, its
strategic plan, and short-term performance objectives to ensure that
they are reasonable, scientifically sound and designed to enhance the
mission.
Question 2: What will you do to ensure that we do not get caught
off guard again, as we did in the case of the Firestone recall?
Answer: First and foremost, I will ensure the prompt and effective
implementation of each of the requirements of the TREAD Act.
Accordingly, NHTSA already has taken a number of actions to improve its
ability to promptly identify potential safety-related defects in motor
vehicles and motor vehicle equipment and effectively investigate
potential defects. In addition, under the early warning provisions of
the TREAD Act that will be implemented by the statutory deadline of
June 2002, NHTSA will routinely receive a wide variety of relevant
information in the manufacturers' possession, such as claims and
lawsuits, consumer complaints, field reports, warranty data, and
foreign recall actions.
Question 3: What is the status of NHTSA's investigation into design
defects in the Ford Explorer, and when does the agency expect to issue
its findings?
Answer: There is no pending investigation of this issue at the
present time. NHTSA has received a letter from Bridgestone/Firestone,
Inc. (Firestone) requesting that the agency open an investigation into
the performance of the Ford Explorer following a tread separation on a
left rear tire. Although Firestone did not submit the letter as a
formal petition to open a defect investigation, the agency is treating
it as a formal petition. The consultant hired by Firestone to conduct
stability and handling tests of the Explorer and other sport utility
vehicles has not completed these tests. NHTSA expects to receive this
test data later this month. After receiving this data, the agency will
decide whether to grant Firestone's request for an investigation.
Question 4: Does the Ford Explorer roll over more frequently than
other SUVs following tread separation?
Answer: The analysis performed by NHTSA of incidents involving
claims of tread separation on Firestone tires showed no statistical
difference between the rollover rates for the Explorer in those
incidents as compared to a peer group of SUVs.
Question 5: What criteria does NHTSA use to determine whether a
specific tire line is defective?
Answer: NHTSA looks at a variety of factors in deciding whether a
safety-related defect exists in a tire. These factors include, among
other things, the design of the tire, its failure experience, the
results of testing performed by the agency and others, and the severity
of crashes associated with failures of the tire.
Question 6: It is my understanding that NHTSA considers many
different factors before making a tire defect determination, and that
one of those factors is the ``claims'' rate for a particular model of
tire. Is this accurate, and if so, can you elaborate on what ``claims''
rates are, how they are defined and used, and whether NHTSA should
establish a uniform definition of ``claims'' for this purpose?
Answer: Tire manufacturers define a ``claim'' as a request for
remuneration above the cost of replacing the tire. Thus, claims include
those requests for reimbursement for minor damage to the vehicle,
damage to other property, as well deaths and injuries. A claims rate
for a tire model or size is simply the calculation of the number of
claims divided by the number of tires produced. As part of its early
warning regulations under the TREAD Act, NHTSA will provide a specific,
uniform definition of numerous terms, including ``claim.''
Question 7: Can you share what the status of NHTSA's research is
into how drivers react under circumstances such as tread separation?
Answer: NHTSA is developing research into the question of driver
reaction to tire failures using its newly developed National Advanced
Driving Simulator (NADS). A comprehensive study of how drivers react to
various emergencies will be initiated later this year.
Question 8: Are tread separations common occurrences? Please
elaborate on this matter.
Answer: Tread separations of passenger car or light truck tires are
a relatively uncommon occurrence. The vast majority of these tires in
the United States wear out and are replaced before they fail. Most
failures are caused by road hazards, such as a nail puncture, or
substantial owner misuse.