[Senate Hearing 109-933]
[From the U.S. Government Publishing Office]
S. Hrg. 109-933
NOMINATIONS OF STEVEN CHEALANDER TO
BE A MEMBER OF THE NATIONAL
TRANSPORTATION SAFETY BOARD AND CHARLES DORKEY III TO BE A MEMBER OF
THE ADVISORY BOARD OF THE SAINT
LAWRENCE SEAWAY DEVELOPMENT
CORPORATION
=======================================================================
HEARING
before the
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED NINTH CONGRESS
SECOND SESSION
__________
DECEMBER 5, 2006
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
______
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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED NINTH CONGRESS
SECOND SESSION
TED STEVENS, Alaska, Chairman
JOHN McCAIN, Arizona DANIEL K. INOUYE, Hawaii, Co-
CONRAD BURNS, Montana Chairman
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
KAY BAILEY HUTCHISON, Texas Virginia
OLYMPIA J. SNOWE, Maine JOHN F. KERRY, Massachusetts
GORDON H. SMITH, Oregon BYRON L. DORGAN, North Dakota
JOHN ENSIGN, Nevada BARBARA BOXER, California
GEORGE ALLEN, Virginia BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire MARIA CANTWELL, Washington
JIM DeMINT, South Carolina FRANK R. LAUTENBERG, New Jersey
DAVID VITTER, Louisiana E. BENJAMIN NELSON, Nebraska
MARK PRYOR, Arkansas
Lisa J. Sutherland, Republican Staff Director
Christine Drager Kurth, Republican Deputy Staff Director
Kenneth R. Nahigian, Republican Chief Counsel
Margaret L. Cummisky, Democratic Staff Director and Chief Counsel
Samuel E. Whitehorn, Democratic Deputy Staff Director and General
Counsel
Lila Harper Helms, Democratic Policy Director
C O N T E N T S
----------
Page
Hearing held on December 5, 2006................................. 1
Statement of Senator Inouye...................................... 11
Prepared statement........................................... 2
Statement of Senator Stevens..................................... 1
Witnesses
Chealander, Steven R., Nominee to be a Member of the National
Transportation Safety Board.................................... 2
Prepared statement........................................... 3
Biographical information..................................... 5
Dorkey III, Charles E., Nominee to be a Member of the Advisory
Board of the Saint Lawrence Seaway Development Corporation..... 7
Prepared statement........................................... 8
Biographical information..................................... 9
Appendix
Hutchison, Hon. Kay Bailey, U.S. Senator from Texas, prepared
statement...................................................... 15
Snowe, Hon. Olympia J., U.S. Senator from Maine, prepared
statement...................................................... 15
Response to written questions submitted by Hon. Hillary Rodham
Clinton to Charles E. Dorkey III............................... 17
Response to written questions submitted by Hon. Daniel K. Inouye
to:
Steven R. Chealander......................................... 16
Charles E. Dorkey III........................................ 17
NOMINATIONS OF STEVEN CHEALANDER TO BE A MEMBER OF THE NATIONAL
TRANSPORTATION SAFETY BOARD AND CHARLES DORKEY III TO BE A MEMBER OF
THE ADVISORY BOARD OF THE SAINT
LAWRENCE SEAWAY DEVELOPMENT
CORPORATION
----------
TUESDAY, DECEMBER 5, 2006
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 10:10 a.m. in
room SR-253, Russell Senate Office Building, Hon. Ted Stevens,
Chairman of the Committee, presiding.
OPENING STATEMENT OF HON. TED STEVENS,
U.S. SENATOR FROM ALASKA
The Chairman. Good morning. Senator Inouye sent word he's
stuck in traffic and asked us to proceed with the hearing, and
I'm delighted to have that clearance from him.
This probably is the last meeting of this Committee during
this Congress, and this morning we will hear from nominees to
serve on the National Transportation Safety Board and the Saint
Lawrence Seaway Development Corporation. We welcome you. Other
Members are all represented here by staff and they welcome your
willingness to serve us at this time.
Steven Chealander has been nominated to be a Member of the
National Transportation Safety Board. The investigations into
the recent school bus accident in Alabama, the plane crash in
Lexington, Kentucky, and I can tell you about the one that I
personally was involved in and survived. The other was the
Alaska Airlines crash that my great friend, former head of the
BIA, Morris Thompson, his wife Thelma and members of his family
were killed. We have seen the work of the NTSB, and I think
it's one of the fine agencies of our Federal Government. I look
forward to Mr. Chealander's comments about what he thinks can
be done to improve this vital agency.
Senator Hutchison has submitted a statement for the record
in support of your nomination, Mr. Chealander, and it will be
included in the record.
Mr. Charles Dorkey has been nominated to be a Member of the
Advisory Board of the Saint Lawrence Seaway Development
Corporation. Mr. Dorkey has been an active and dedicated
resident of the State of New York, serving in positions with
the Hudson River Park Trust, the Empire State Development
Corporation, and the New York Park and Conservation
Association, among other things.
I have personally gone through both of the FBI
investigations of your qualifications and your background, and
I'm very pleased to say that we're happy to have you join the
Federal Government with such distinguished careers behind you.
I understand some of the members of your family are here. I
hope that you will introduce your family or friends who are
here with you today before you make your statement.
Senator Inouye's statement will appear in the record at
this place if he gets here. If he doesn't get here, it will be
inserted in the record.
[The prepared statement of Senator Inouye follows:]
Prepared Statement of Hon. Daniel K. Inouye, U.S. Senator from Hawaii
I would like to welcome Mr. Chealander and Mr. Dorkey for appearing
before the Senate Commerce Committee.
The work of the National Transportation Safety Board (NTSB) is
vital to the safety and integrity of the Nation's transportation
infrastructure. Having the full five-member Board in place is crucial
for addressing new challenges that arise regularly, and for continuing
the high-level investigative work for which the NTSB is known.
The Saint Lawrence Seaway remains one of the critical port systems
for the U.S. transportation system, and provides a critical link to
mid-America. Mr. Dorkey, as a nominee to serve on the Saint Lawrence
Seaway Development Corporation (SLSDC), I am hopeful that, if
confirmed, your background and experience will assist with the work
that is being done to ensure the flow of commerce on this vital
infrastructure.
I thank you both for your commitment to public service and I look
forward to hearing your views as we consider your nominations.
The Chairman. Let me first call on you, Mr. Chealander. You
are a resident of Texas, I understand, to be a Member of the
National Transportation Safety Board. I'd be pleased if you
would introduce your family or friends.
STATEMENT OF STEVEN R. CHEALANDER, NOMINEE TO BE A MEMBER OF
THE NATIONAL TRANSPORTATION SAFETY BOARD
Mr. Chealander. Yes, and good morning, and thank you, Mr.
Chairman. I am pleased and honored to appear before you today
as you consider my nomination to be a Member of the National
Transportation Safety Board. I am grateful to President Bush
for this nomination, and especially for his confidence in my
ability to continue to serve our great nation in this vitally
important position, should I be confirmed.
Good morning, Mr. Inouye.
I would also like to recognize and thank Chairman Rosenker
and the other current and former board members, many of whom
are present here today, for their support. If confirmed, I
intend to work diligently to contribute to the Safety Board's
mission of preventing transportation accidents and maintaining
the trust and confidence of the traveling public in our
transportation system.
I would also like to thank Senator Kay Bailey Hutchison
from my home State of Texas for her kind introduction, support,
and for her leadership on this Committee.
As a career military officer, I would also like to add my
personal thanks for the record you, Senator Stevens, Senator
Inouye, and the distinguished Members of this Committee, for
your military and government service to our country. I look
fondly back on my own active military tours, and appreciate
others who answered the call to public service, particularly
those who began their careers with service in the military and
then accepted a further call to public service in the Congress.
And with your permission I would like to introduce my long-
time best friend and the wind beneath my wings, my wife,
Rebecca. I am so glad that she was able to be here today with
me, as she has walked alongside me in countless other
professional endeavors over our 34 years of marriage. For those
of you who don't know, we were in Washington many years ago
when I had the privilege of serving as military aide to
President Reagan. We are honored to have the opportunity to
serve the country as a team once more. My wife, Rebecca.
The Chairman. Good morning, Rebecca.
Mr. Chealander. As I'm sure you will agree, America's
extensive transportation industry is one of our most important
economic sectors and can easily be characterized as the
lifeblood of our economy and a national treasure. Therefore, it
is essential that we nurture that sector by ensuring the safe
movement of people and products. It was with that idea in mind
that Congress saw fit to establish the National Transportation
Safety Board with the goal of enhancing transportation safety.
If confirmed, I pledge to you my commitment to making a
meaningful contribution to the NTSB and helping it perform the
role Congress intended. While working diligently to maintain
the independence of the Board, which has remained the desire of
Congress since the Board's creation, I also pledge that I will
work to ensure the Board and this Committee have a cooperative,
productive, and active working relationship, one which results
in enhanced safety for the American traveling public.
I am humbled by the prospect of serving our country as a
board member of the NTSB. I believe there is no higher honor or
greater opportunity for one who has spent two careers in which
safety has been the highest priority, than to hold a position
of trust in an organization dedicated to safety of the American
public.
I look forward, if confirmed, to making contributions
toward safety of our transportation system and thereby the
public's confidence in that transportation system. Through
those contributions, I hope to help strengthen an industry
vital to America's overall economic and national security.
Also, I restate my pledge to you, Mr. Chairman, and each Member
of this Committee, of my unfaltering commitment to the safety
of our Nation's traveling public.
Sir, I look forward to answering your questions.
[The prepared statement and biographical information of Mr.
Chealander follow:]
Prepared Statement of Steven R. Chealander, Nominee To Be a Member of
the National Transportation Safety Board
Good morning and thank you, Mr. Chairman, Mr. Co-Chairman and
distinguished Members of the Committee. I am pleased and honored to
appear before you today as you consider my nomination to be a Member of
the National Transportation Safety Board (NTSB). I am grateful to
President Bush for this nomination and especially for his confidence in
my ability to continue to serve our great nation in this vitally
important position, should I be confirmed. I would also like to
recognize and thank Chairman Rosenker and the other current and former
Board Members, many of whom are present here today, for their support.
If confirmed, I intend to work diligently to contribute to the Safety
Board's mission of preventing transportation accidents and maintaining
the trust and confidence of the traveling public in our transportation
system.
I would also like to thank Senator Kay Bailey Hutchison from my
home State of Texas for her kind introduction, support and for her
leadership on this Committee. As a career military officer I would also
like to add my personal thanks for the record, to you, Senator Stevens,
Senator Inouye and the distinguished Members of this Committee for
their military and government service to our country. I look fondly
back on my own active duty military tours and appreciate others who
answered a call to public service, particularly those who began their
careers with service in the military, and then accepted a further call
to public service in Congress.
With your permission I would like to introduce my long-time best
friend and the wind beneath my wings, my wife, Rebecca. I am so glad
that she was able to be here with me today, as she has walked alongside
me in countless other professional endeavors over our 34 years of
marriage. For those who don't know, we were in Washington many years
ago when I had the privilege of serving as the Military Aide to
President Reagan. We are honored to have the opportunity to serve the
country as a team once more.
As I am sure you will agree, America's extensive transportation
industry is one of our most important economic sectors and can easily
be characterized as the lifeblood of our economy and a national
treasure. Therefore, it is essential that we nurture that sector by
ensuring the safe movement of people and products. It was with that
idea in mind that Congress saw fit to establish the National
Transportation Safety Board with the goal of enhancing transportation
safety. If confirmed, I pledge to you my commitment to making a
meaningful contribution to the NTSB and to helping it perform the role
Congress intended. While working diligently to maintain the
independence of the Board, which has remained the desire of Congress
since the Board's creation, I also pledge that I will work to ensure
that the Board and this Committee have a cooperative, productive, and
active working relationship which results in enhanced safety for the
American traveling public.
For nearly forty years, the National Transportation Safety Board
has been at the forefront of transportation safety issues and has been
the conscience of America's transportation network. The NTSB is
renowned as our Nation's premier accident investigation agency, but is
also recognized as the most authoritative, independent safety body in
the world. That reputation, and by extension that credibility, is the
product of a team of safety professionals committed to excellence in
its conduct of unbiased investigations into transportation accidents.
It is also a result of the foresight exhibited by Congress to ensure
the organizational independence of the NTSB when it reasoned ``no
Federal agency can properly perform such [investigatory] functions
unless it is totally separate and independent from any other . . .
agency of the United States.'' The dedicated men and women who make up
the staff of the NTSB have made tremendous strides in making each one
of our Nation's transportation modes safer and thus stronger.
I am humbled by the prospect of serving our country as a board
member of the NTSB. I believe there is no higher honor or greater
opportunity for one who has spent two careers in which safety has been
of the highest priority, than to hold a position of trust in an
organization dedicated to the safety of the American public. I am
energized by the possibility, if confirmed, of being part of the
leadership of this incredibly competent team of safety experts and
advocates. I believe that my diverse operational and management
experiences in aviation, both military and commercial, give me an
excellent background with which to serve as a board member on the NTSB.
Mr. Chairman, my background includes a combination of experience in
aviation, aviation management, accident and incident investigation,
teaching human factors and its relationship to transportation safety,
and leading pilots in safe flight operations. I have been an active
aviator for almost 33 years now, and know full well that safety in
flight operations, and in all modes of transportation operations, is in
some significant part a product of recommendations and lessons learned
passed on from investigative bodies such as the NTSB.
I look forward, if confirmed, to making contributions toward the
safety of our transportation system, and thereby the public's
confidence in that transportation system. Through those contributions,
I hope to help strengthen an industry vital to America's overall
economic and national security. Also, I restate my pledge to you, Mr.
Chairman, and each Member of this Committee, of my unfaltering
commitment to the safety of our Nation's traveling public.
Sir, I look forward to answering any questions.
______
A. BIOGRAPHICAL INFORMATION
1. Name (Include any former names or nicknames used): Steven R.
Chealander.
2. Position to which Nominated: Board Member, NTSB.
3. Date of Nomination: September 21, 2006.
4. Address (List current place of residence and office addresses):
Residence: information not released to the public.
Office: American Airlines Flight Academy, DFW Airport, TX
75261.
5. Date and Place of Birth: November 14, 1946, Los Angeles, CA.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Wife: Rebecca Chealander, not employed.
Daughter: Ann Lapinsky, 29 years old.
Daughter: Lael Chealander, 27 years old.
7. List all college and graduate degrees. Provide year and school
attended: Bachelor of Science, 1973, University of Southern California.
8. List all management-level jobs held and any non-managerial jobs
that relate to the position for which you are nominated.
Manager, Flight Operations Efficiency, American Airlines, June,
2003-present.
Manager, Flight Safety--Internal Evaluation and Compliance,
American Airlines, January-June 2003.
F-16 Tactical Fighter Squadron Commander, USAF, 1989-1991.
F-5 Tactical Fighter Squadron Commander, USAF, 1988-1989.
9. List any advisory, consultative, honorary or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last 5 years: None.
10. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational or other institution within the last 5 years: Director on
the Board of Directors, Thunderbirds Alumni Association, November 2005-
present.
11. Please list each membership you have had during the past 10
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age or handicap: Member of Trophy Club Country Club,
Trophy Club, TX, April 1, 2005-present; (Trophy Club has no restrictive
membership policies).
12. Have you ever been a candidate for public office? No.
13. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years: None.
14. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals and any other special recognition
for outstanding service or achievements.
Defense Superior Service Medal, July 1988.
Distinguished Flying Cross, 1984.
Air Medal, 1984.
15. Please list each book, article, column, or publication you have
authored, individually or with others, and any speeches that you have
given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed: None.
16. Please identify each instance in which you have testified
orally or in writing before Congress in a nongovernmental capacity and
specify the subject matter of each testimony: None.
B. POTENTIAL CONFLICTS OF INTEREST
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers: None.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation or practice with any business,
association or other organization during your appointment? If so,
please explain.
No, I am presently employed by American Airlines, and, if confirmed
as a Member of the Board of the NTSB, will retire after more than 15
years of service. I have no commitment or agreement of any type to
maintain employment, affiliation or practice with American Airlines or
any other business, association or organization during my appointment
as a Board Member.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
All potential conflicts of interest have been identified on my
Public Financial Disclosure Report (SF 278) and have been discussed in
my Ethics Agreement letter, dated September 22, 2006, which I have
previously provided to the Designated Agency Ethics Official (DAEO) of
the National Transportation Safety Board. The potential sources of
conflict are summarized as follows; vested American Airlines (AMR)
Stock Options, Preferred Stock in Pacific Gas and Electric (PGE) and
General Electric Company (GE). Additionally, pursuant to my service
with American Airlines, upon retirement, I will be entitled to the
provision, by American Airlines, of payment for medical insurance
benefits for my spouse and myself. Finally, my spouse and I will be
entitled to flight benefits with American Airlines, which will involve
flying stand-by
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 5 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated: None.
5. Describe any activity during the past 5 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy: None.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
If I am confirmed as a Member of the Board, within 90 days of the
date of that confirmation, I will divest my preferred stock in GE and
PGE and will exercise my vested stock options in American Airlines and,
in turn, will divest the stock in American Airlines. In view of the
continuing relationship that I will have with American Airlines because
of my entitlement to the payment of insurance benefits and flight
benefits, as I have indicated in my ethics agreement, I will recuse
myself from investigations or other matters before the Board in which
American Airlines is or represents a party.
C. LEGAL MATTERS
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain: DUI 1972, California Highway Patrol,
Los Angeles County Municipal Court, Malibu, California. The final
disposition was a $182 fine.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: (See Question 2, above).
5. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
6. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion or any
other basis? No.
D. RELATIONSHIP WITH COMMITTEE
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees?
Yes. The importance of a sound relationship between the National
Transportation Safety Board and Congress cannot be overstated, and I
will do my utmost to ensure the Safety Board is responsive to Congress
and those committees with which the Safety Board routinely has a
relationship.
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, to the best of my ability, and always when during the
performance of my duties as a Member of the Safety Board I participate
in management activities affecting the rights and benefits of Safety
Board employees.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee?
Yes, If I am confirmed, I will do my part to ensure that the Safety
Board provides that cooperation and support to the best of my ability.
The Safety Board, as the first Federal agency on scene in many
instances, and with the charge from Congress to independently determine
the probable cause of accidents and make meaningful recommendations to
avoid further accidents, will have transportation-related expertise
residing in its investigators, scientists and engineers. Congress will
often need to access this expertise as it contemplates legislation. I
fully recognize that Congress needs the cooperation and support of the
Safety Board as Congress seeks to fashion meaningful remedies from
Safety Board findings and recommendations. Again, I will do my best to
provide that support.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so?
Yes. It is my opinion that such appearances and testimony will be a
significant part of my responsibilities as a Board Member. Also, in my
opinion, an open and thorough dialogue between the Safety Board and
Congress is essential in advancing transportation safety in the United
States, and around the globe.
The Chairman. Thank you very much.
Mr. Dorkey, I would be happy to have your comments, and
introduce your family if you will.
STATEMENT OF CHARLES E. DORKEY III, NOMINEE TO BE A MEMBER OF
THE ADVISORY BOARD OF THE SAINT
LAWRENCE SEAWAY DEVELOPMENT CORPORATION
Mr. Dorkey. Yes, sir. Before proceeding I'd like to
introduce my girlfriend, Carolyn Pilkington, who is right
behind me here, Senator. Thank you.
The Chairman. Good morning.
Mr. Dorkey. Chairman Stevens, Co-Chairman Inouye, and
Members of the Committee, it is an honor for me to appear
before you today as President Bush's nominee to serve as a
member of the Advisory Board of the Saint Lawrence Seaway
Development Corporation. If confirmed, I look forward to
working closely with the Committee on issues related to the
vital work performed by the Seaway Corporation.
I am humbled to be asked to serve as a public member of
this board. As a lawyer in private practice, I believe it is
essential for one to give back to society and to assist in the
administration of government. I am flattered and pleased that I
will be able to do so for this wholly-owned government
corporation. My past experience, I respectfully submit, has
prepared me for this board.
For the last 10 years, I have served as a board member of
the New York State Economic Development Corporation, and know
how essential it is to help the economy of New York's north
country, where the Seaway has its operations. For the last 4
years, I have served as Chairman of the Hudson River Park
Trust, and have gotten to learn how important waterways are for
business and recreational interests of our citizens.
As someone who has worked as a public member of government
entities and corporations, I also know how important it is that
there be communications with all stakeholders, that decisions
affecting people and interests be principled, explained, and
transparent, and that the public interest always comes first.
And, as a partner in a U.S.-Canadian law firm, I have
learned a great deal about the society and culture of our
important neighbor to the north, and believe that this
experience will give me a deep and sensitive understanding of
shared cross-border issues.
In closing, let me assure you and all Members of Congress
that I will do everything in my power and within my ability to
ensure that the Saint Lawrence Seaway Development Corporation
continues to operate in a cost-effective and transparent
manner, and that it continues to serve as an environmentally
responsible impetus to trade and the economic well-being of not
only the Great Lakes region it directly serves, but the entire
United States.
Thank you, Senators.
[The prepared statement and biographical information of Mr.
Dorkey follow:]
Prepared Statement of Charles E. Dorkey III, Nominee To Be a Member of
the Advisory Board of the Saint Lawrence Seaway Development
Corporation
Chairman Stevens, Co-Chairman Inouye and Members of the Committee,
it is an honor for me to appear before you today as President Bush's
nominee to serve as a Member of the Advisory Board at the Saint
Lawrence Seaway Development Corporation. If confirmed, I look forward
to working closely with the Committee on issues related to the vital
work performed by the Seaway Corporation.
I am humbled to be asked to serve as a public member of this board.
As a lawyer in private practice, I believe that it is essential for one
to give back to society and to assist in the administration of
government. I am flattered and pleased that I will be able to do so for
this wholly-owned government corporation. My past experience has
prepared me for this board.
For the last 10 years, I have served as a board member of the New
York State Economic Development Corporation and know how essential it
is to help the economy of New York's North Country--where the Seaway
has its operations. For the last 4 years, I have served as Chairman of
the Hudson River Park Trust and have gotten to learn how important
waterways are for business and recreational interests of our citizens.
As someone who has worked as a public member of government entities and
corporations, I know how important it is that there be communication
with all stakeholders, that decisions affecting people and interests be
principled, explained and transparent and that the public interest
always comes first.
As a partner in a U.S.-Canadian law firm, I have learned a great
deal about the society and culture about our important neighbor to the
north and believe that this experience will give me a deep and
sensitive understanding of shared cross-border issues.
In closing, let me assure you that I will do everything in my power
and within my ability to ensure that the Saint Lawrence Seaway
Development Corporation continues to operate in a cost-effective and
transparent manner and that it continues to serve as an
environmentally-responsible impetus to trade and the economic well-
being of not only to the Great Lakes region it directly serves, but the
entire United States.
______
A. BIOGRAPHICAL INFORMATION
1. Name (Include any former names or nicknames used): Charles E.
Dorkey III, nickname ``Trip.''
2. Position to which Nominated: Member of Advisory Board of St.
Lawrence Seaway Development Corporation.
3. Date of Nomination: November 13, 2006.
4. Address (List current place of residence and office addresses):
Residence: information not released to the public.
Office: Torys LLP, 237 Park Avenue, 20th Floor New York, New
York 10017.
5. Date and Place of Birth: June 23, 1948, Philadelphia,
Pennsylvania.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Charles E. Dorkey IV (29).
John H. Dorkey (24).
Margaret L. Dorkey (22).
7. List all college and graduate degrees. provide year and school
attended.
J.D., 1973, University of Pennsylvania Law School.
A.B. (cum laude), 1970, Dartmouth College.
8. List all management-level jobs held and any non-managerial jobs
that relate to the position for which you are nominated: Managing
Partner, Torys LLP, Chairman, Hudson River Park Trust.
9. List any advisory, consultative, honorary or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last 5 years: See resume. *
10. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational or other institution within the last 5 years: See resume. *
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* The information referred to has been retained in Committee files.
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11. Please list each membership you have bad during the past 10
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age or handicap.
Fraternal:
Theta Delta Chi, 1967-present.
Holland Lodge No. 8F. & A.M., 2006-present.
The Pilgrims, 2005-present.
The Pennsylvania Society, 1981(?)-present.
(Both Holland Lodge and Theta Delta Chi are male fraternities).
Private Clubs:
Dartmouth (Yale) Club, 1975-present.
New York Athletic Club, 1992-present.
University Club (Admission Pending).
Penn Club, 1988-mid-1990s.
Heights Casino, 1994-late-1990s.
Political:
Committeeman, New York County Republican Party, 1993-1995.
12. Have you ever been a candidate for public office? No.
13. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years.
See schedule A13 A. * To the best of my research, Schedule A13
reflects my political contributions. In order to be complete, I caused
a search to be made not only of my and my firm's check registers but
also of various websites.
14. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals and any other special recognition
for outstanding service or achievements: See resume. *
15. Please list each book, article, column, or publication you have
authored, individually or with others, and any speeches that you have
given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed: None.
16. Please identify each instance in which you have testified
orally or in writing before Congress in a non-governmental capacity and
specify the subject matter of each testimony: None.
B. POTENTIAL CONFLICTS OF INTEREST
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers: I will continue as a partner of Torys LLP.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation or practice with any business,
association or other organization during your appointment? If so,
please explain: I will continue as a partner of Torys LLP.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
To my knowledge, none. Please refer to the Deputy General Counsel,
Department of Transportation opinion letter. *
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* The information referred to has been retained in Committee files.
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4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 5 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated: To my knowledge, none.
5. Describe any activity during the past 5 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy.
As I understand the question, none. In my work in various non-
paying government positions, I have acted to affect the administration
and execution of law and public policy.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
Generally, the way to resolve a potential conflict of interest
would be to recuse oneself from the matter at issue. I would be guided
by the advice of the senior ethics official, Department of
Transportation. Please refer to the Deputy General Counsel, Department
of Transportation opinion letter. *
C. LEGAL MATTERS
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain.
In 1983, my adversary complained to the First Department
Disciplinary Committee that I had spoken to her outside the presence of
her counsel. After an investigation, the matter was dismissed as
groundless.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? It so, please explain.
None after the age of 18. I have twice been taken into custody,
once when I was 15 for mischief and once when I was 17 for shoplifting.
On neither occasion was I charged and on both I was released in the
custody of my parents.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? No.
5. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: Nothing unfavorable.
6. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion or any
other basis? No.
D. RELATIONSHIP WITH COMMITTEE
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
The Chairman. Thank you very much.
Senator Inouye?
STATEMENT OF HON. DANIEL K. INOUYE,
U.S. SENATOR FROM HAWAII
Senator Inouye. Mr. Chairman, I thank you very much.
Mr. Chealander, I'm impressed by your aviation background.
As you are well aware, when the NTSB was originally formed, it
was on the mission of investigating aviation accidents.
However, since then accidents and deaths occurring in other
modes of transportation have more than doubled. In fact,
they're much more than aviation. And yet we find that your
agency has more than twice the number of investigators for
aviation than for all other modes combined. Do you believe that
there should be some consideration of changing the
authorization law so that other modes of transportation would
be given equal consideration?
Mr. Chealander. Well, based on my limited knowledge of how
it works, I realize that aviation is the major part of the
investigating body. NTSB was chartered to investigate all
aviation accidents, and other modes of transportation.
And I will commit to you, as I said in my opening
statement, Senator, that I will do everything in my power to
learn about the other modes of transportation and determine
whether or not down the line the authorization should be
changed. I'm not in a position to make that statement at this
time.
Senator Inouye. I thank you. No other questions.
The Chairman. Well, thank you.
Mr. Chealander, I think that the Board ought to go further,
go out ahead of the curve and see what we're doing as far as
safety is concerned. Do you, as a Member of the Board, have any
feelings about that? You understand what I'm saying?
Mr. Chealander. No, sir.
The Chairman. Well, the Board traditionally just
investigates accidents after they happen.
Mr. Chealander. Yes.
The Chairman. I have a feeling that in some instances
particularly a man with your background, and other members of
the Board, could sort of oversee a lot of other things and
maybe come up with some ideas about prevention. To my knowledge
it has not in the past, but I think it's within the scope of
your charter, so to speak, of the Board.
Mr. Chealander. I absolutely agree, and I believe the NTSB
at the present time has what they call their ``most wanted''
list that they come out with each year. Those are preventative-
type measures. I just happen to have, I pulled it up on the
Internet and I got a copy of that myself, and there are several
issues on the ``most wanted'' list that are preventative-type
activities.
But I do agree with you very much that we should be looking
at preventative safety measures. That's part of the education
process. I believe very strongly in education and training in
aviation in particular, and all modes of transportation, but I
do agree that preventative measures when you're talking safety
are very, very important.
The Chairman. When I went out and met with members of the
board following the Alaska Airlines crash in which my two
friends and their family were killed, we had the indication
then that it quite possibly was the jackscrew that was in the
tail of the aircraft, that gave it the ability to have its
ailerons move. I think they came up with some great
recommendations about future maintenance in order to prevent
that type of accident.
But I just wonder if the Board does in fact involve itself
in looking into the basic concepts of maintenance and safety
measures that the airlines should take. You've been with
American Airlines, as I understand it.
Mr. Chealander. Yes, sir.
The Chairman. Maybe I shouldn't even ask you, but does that
board have a policy of looking into safety and prevention?
Mr. Chealander. The NTSB?
The Chairman. Your American Airlines board.
Mr. Chealander. Yes, we do, and we follow very closely the
recommendations of the NTSB in forming our policies and
procedures to go forward. But yes, safety and prevention is a
very large part of what we do at American Airlines, and all the
airlines. All the airlines are very concerned with safety and
what we can do to prevent any type of mishap or accident.
The Chairman. Well, you're looking at the two Senators who
have flown more than any Senators in history, and we both
believe that God doesn't charge against our time on Earth the
time we spend in the air. But at the same time we're very
conscious of the problems of aviation and the aging of our
aircraft. I think that the Board ought to reach out ahead and
really look into the scope of prevention in the American
airlines.
Mr. Dorkey, the Saint Lawrence Seaway Development
Corporation really has some monstrous responsibilities with
regard to access to the Great Lakes. Are you familiar with the
history of that organization?
Mr. Dorkey. Yes, sir. Well, I'm not sure I'm as familiar as
I will be, but yes, I've studied the history and the importance
it is to the economy of the Great Lakes region.
The Chairman. I think, you know, it is basically a board to
develop, but it also has some safety factors, too. Have you
studied their methods of trying to assure safety in the
operation of those systems they've got, the locks and the
access through the Saint Lawrence down into the Great Lakes?
Mr. Dorkey. Yes, Senator. I think it's a very important
part of the responsibility of the Corporation, for the safety
of the ships and the safety of the homeland in terms of overall
security, to make sure the locks are well-maintained.
The Chairman. Thank you.
Senator, do you have any questions?
Senator Inouye. I'd just like to commend you for taking on
this public service. Public service is never easy, and both of
you, I congratulate you.
Mr. Dorkey. Thank you, Senator.
Mr. Chealander. Thank you, Senator.
The Chairman. We congratulate you. Men with your background
and obvious ability, from the records you've had in the past,
we're delighted to have you join these two organizations.
I want to state for the record we do have some, I hate to
use the word ``routine,'' but the basic nominations for
commissions and advancement in the Coast Guard and others, as I
understand it, and it would be my request that we discharge the
Committee from those so they can get to the calendar before the
end of the year.
Senator Inouye. I so move.
The Chairman. That will be the policy of the Committee,
unless we hear from the Committee Members through their staffs
that there is any objection to any of those. To my knowledge
there's no objection to any of them.
We thank you very much, and thank you for your families. We
will also do our best to get your two nominations discharged so
that we can consider them before we adjourn. Thank you.
Mr. Dorkey. Thank you, Chairman.
Mr. Chealander. Thank you, Mr. Chairman, Mr. Co-Chairman.
[Whereupon, at 10:25 a.m., the Committee was adjourned.]
A P P E N D I X
Prepared Statement of Hon. Kay Bailey Hutchison, U.S. Senator from
Texas
Mr. Chairman, it gives me great pleasure to introduce Steven
Chealander before this Committee to be a Member of the National
Transportation Safety Board.
Today, Mr. Chealander is accompanied by his wife, Rebecca
Chealander. He is also supported by his daughters, Ann Lapinsky and
Lael Chealander.
Throughout his twenty-two years of military service in the United
States Air Force where he achieved the rank of Colonel, Mr. Chealander
demonstrated proven leadership skills.
Mr. Chealander has been awarded the Defense Superior Service Medal,
the Legion of Merit, the Distinguished Flying Cross, and the Air Medal.
A two-time Squadron Commander of 36 fighter aircraft squadrons,
fighter pilots, and associated support personnel, Mr. Chealander also
managed the process of reconstituting the United States Air Force
Thunderbirds following the 1982 tragic accident where they were
practicing the four plane diamond loop. As manager, Mr. Chealander was
involved in the safety investigation of the accident, the transitioning
to the F-16 aircraft, as well as developed new training procedures for
the Thunderbirds.
Mr. Chealander is clearly no stranger to safety. He served as the
Manager of American Airlines' Flight Safety--Internal Evaluation and
Compliance, where he worked with the FAA, labor unions, and
representatives from all departments within the airline performing
regulatory safety audits and investigations.
He is currently the Manager of American Airline's Flight Operations
Efficiency, a position he has held since 2003.
Mr. Chairman, Mr. Chealander possesses in-depth knowledge of safety
as it relates to aviation, and he has expressed that he is willing to
work very closely with Congress on all safety issues.
Mr. Chairman, I urge this Committee to act favorably on Mr.
Chealander's nomination, and expedite his confirmation to be a Board
member on the National Transportation Safety Board.
______
Prepared Statement of Hon. Olympia J. Snowe, U.S. Senator from Maine
Thank you, Mr. Chairman for holding this hearing today to help the
Members of the Committee get to know the nominees. I would like to
welcome the nominees to the Committee.
One issue that is, in my opinion, very significant is
transportation security. The National Transportation Safety Board is an
entity that serves a vital role in protecting travelers across all
modes of transportation, and is relentlessly vigilant in seeking out
means to improve the safety of America's traveling public. Its
continuous efforts ensure safety improvements of aviation, rail, and
waterborne transportation are to be applauded, and their exhaustive
examinations or tragic incidents permit us to discuss methods to
prevent such incidents from happening again. From events as
earthshaking as the 9/11 attacks on the World Trade Center Towers to
the urgent weather warnings to motorists facing winter storms, the
National Transportation Safety Board has a role to play in protecting
our citizens, one that is too often overlooked.
There can be no ``acceptable'' level of injuries or fatalities. The
very positive news that transportation deaths declined in 2005 is sadly
balanced by the realization that we need to do more.
On another front, I would like to take the opportunity to
congratulate Mr. Charles Dorkey, a gentleman who has a sterling
reputation for serving his community, preserving critical historic
landmarks and working diligently to provide recreational opportunities
for his fellow New Yorkers. As a prominent graduate of Dartmouth
College, a successful and skilled lawyer, a strong proponent of
community development, and an advocate for public lands and clean
water, Mr. Dorkey is a well-rounded and knowledgeable individual who
will work with our Canadian neighbors to guarantee the continued
utilization and protection of the Saint Lawrence Seaway.
In his new role as a member of the Saint Lawrence Seaway
Development Corporation, I feel he will perform admirably in this
position, bringing his skills to bear to aid in balancing the integral
commercial access provided by the Saint Lawrence, while being mindful
of the delicate environmental impacts that this major waterway has on
the Northeast United States.
I am encouraged by the qualifications of both nominees, and look
forward to working with them in their new positions.
Thank you, Mr. Chairman.
______
Response to Written Questions Submitted by Hon. Daniel K. Inouye to
Steven R. Chealander
Question 1. You have an impressive safety background within the
aviation industry. Do you have any specific areas that you would like
to see the NTSB focus on if you are appointed to the Board?
Answer. If confirmed, I will join the National Transportation
Safety Board with an open mind and no predetermined agenda. I have
served over 33 years in the aviation community, first as a military
pilot in the Air Force and then as a civilian airline pilot--throughout
that time, safety was of the highest priority. If I come to the Safety
Board with any predisposition, it is with a focus on, and absolute
belief in, the importance of proactive safety programs in
transportation operations. I come to the NTSB with a ``safety first''
mindset.
With that background in mind, I would characterize my greatest
interest, and where I might encourage the NTSB to focus, to be
operational safety programs, for example, pilot orientation and
training programs (such as new-hire training programs) and the methods
by which companies instill a culture of safety throughout the
organization. I am also very interested in how the NTSB, through
forums, conferences, symposia, and safety studies, might serve a role
in encouraging proactive and preventative activity on the part of
operators in all modes of transportation.
Lastly, I would like to assure the Committee that my background as
an airline pilot in the most recent 15 years of my aviation career will
not interfere with my objectivity as I view each accident investigation
that staff brings before the Board.
Question 2. Do you have any experience with other modes of
transportation?
Answer. Even though I have a predominantly aviation background, I
pledge to the Committee my commitment to diligently studying the issues
in the other transportation modes, actively familiarizing myself with
operational aspects of those other modes of transportation, and
carefully reviewing the facts and issues on each investigation report
brought before the Board, regardless of mode.
I also understand that my most significant contributions to the
NTSB will not necessarily involve the operational experience I bring to
the Board, but more importantly, the experience I have with how
organizations manage effective programs such as an operational risk
management program, safety training, loss prevention, and very
important, how leadership emphasizes a ``safety first'' culture,
articulated from the top down. I hope to bring this experience to
discussions with NTSB staff and deliberations with my colleagues, in
all modes of transportation accident investigation.
Question 3. Given the importance of ensuring that safety is made
the highest priority in all of our modes of transportation, it is
absolutely critical that the NTSB function in a completely independent
manner and stays above the political fray. What qualities will you
bring to the board that will aid in the effectiveness of its mission?
Answer. I fully understand the importance of the NTSB's
independence in conducting accident investigations. That independence
has given the NTSB the credibility and reputation it now holds around
the world. I see from my preliminary research that Congress ensured
this independence by separating the NTSB from the Department of
Transportation in 1975. I believe the judgment of Congress was correct
in taking that step.
My experience with independent safety investigations began in the
Air Force, when I was associated with the tragic accident in which four
Air Force Thunderbirds pilots were killed in a training accident near
Nellis Air Force Base in 1982. I was then a member of that flying team,
and learned full well not to jump to conclusions, not to make premature
statements, and the importance of an investigative body maintaining its
professional objectivity throughout the course of an accident safety
investigation. I firmly believe that independence, objectivity, and
precision are paramount attributes of effective accident
investigations. Thus, the qualities that I bring to the Board that will
help me contribute to the effectiveness of the NTSB team and its
mission include more than my experiences with flying operations and
transportation enterprises. They also include my personal experiences
with the tragic consequences of things going wrong--and the importance
of a proper safety investigation in identifying the cause.
______
Response to Written Questions Submitted by Hon. Daniel K. Inouye to
Charles E. Dorkey III
Question 1. What will be your priority mission at the Saint
Lawrence Seaway Development Corporation?
Answer. If confirmed, my primary mission will be to bring my
experience and judgment as a public board member to further the mission
of the SLSDC, which I understand to be to operate and maintain the U.S.
infrastructure and waters of the Seaway while performing trade
development activities focused on economic development for the Great
Lakes and St. Lawrence Seaway system.
Question 2. Do you believe there are specific ways to enhance the
trade development functions of the Great Lakes/St. Lawrence Seaway
System?
Answer. If confirmed, I will commit myself to learning how best to
enhance the trade development function consistent with the views of all
stakeholders.
______
Response to Written Questions Submitted by Hon. Hillary Rodham Clinton
to Charles E. Dorkey III
Question 1. The U.S. Army Corps of Engineers has been examining the
feasibility of spending billions of dollars to physically expand the
Seaway in its Great Lakes Navigation Study. I strongly believe that
such a plan would waste taxpayer dollars and pose an unacceptable
threat to the health of the St. Lawrence River. I have been pushing the
Corps to complete the current phase of the study and to hold public
meetings in New York and throughout the Great Lakes before any
additional study is initiated. Do you support public hearings on the
Great Lakes Navigation Study and what are your views about Seaway
expansion?
Answer. As a matter of good government, I believe that it is
important to solicit the views of all stakeholders in making decisions.
Accordingly, if confirmed, I would support public hearings on the Great
Lakes Navigation Study. On the merits of the issue, I will promise to
study carefully the issues of Seaway expansion and seek to understand
the balance between any possible benefit to the public, and the cost
and potential burden to the public.
Question 2. The SLSDC has traditionally worked primarily with the
shipping industry, yet its regulations and programs have a direct
impact on the communities along the St. Lawrence River. I believe that
SLSDC should better involve local communities in SLSDC decisionmaking.
Will you pledge to work to increase the transparency of the Seaway's
decisionmaking and programs?
Answer. As I stated in my testimony, ``I have worked as a public
member of government entities and corporations, and know how important
it is that there be communication with all stakeholders, that decisions
affecting people and interests be principled, explained, and
transparent, and that the public interest always comes first.'' If
confirmed as a board member of the SLSDC, I pledge to apply these basic
principles.
Question 3. Ballast water discharge from ships transiting the
Seaway is the principle vector for invasive species introductions into
the Great Lakes. Would you support swift development and implementation
of tough ballast water regulations to reduce this threat to the ecology
of the Great Lakes?
Answer. Introduction of invasive species through ballast water is a
serious problem that needs to be resolved. I believe the SLSDC should
take a pro-active role in solving this problem, and, if confirmed, I
pledge to work with Congress, the Administration and the shipping
industry to address this critical issue.
Question 4. It looks as though the proposal to privatize the Seaway
by creating a ``bi-national authority'' to manage the Seaway is again
being discussed. Do you support privatizing the Seaway system?
Answer. At this point, I do not have enough information to either
support or oppose privatization of the Seaway system. The privatization
of a transportation system is a significant undertaking that would
require careful study and analysis after input from all relevant
stakeholders. If confirmed, I pledge to work with all stakeholders to
determine the effects of privatization proposals.