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[Senate Hearing 106-1129]
[From the U.S. Government Publishing Office]

                                                       S. Hrg. 106-1129

                      NOMINATION OF THE HONORABLE
                        NORMAN Y. MINETA, TO BE
                         SECRETARY OF COMMERCE

=======================================================================

                                HEARING

                               before the

                         COMMITTEE ON COMMERCE,
                      SCIENCE, AND TRANSPORTATION
                          UNITED STATES SENATE

                       ONE HUNDRED SIXTH CONGRESS

                             SECOND SESSION

                               __________

                             JULY 19, 2000

                               __________

    Printed for the use of the Committee on Commerce, Science, and 
                             Transportation

83-063              U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2003
____________________________________________________________________________
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       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                       ONE HUNDRED SIXTH CONGRESS

                             SECOND SESSION

                     JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska                  ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana                DANIEL K. INOUYE, Hawaii
SLADE GORTON, Washington             JOHN D. ROCKEFELLER IV, West 
TRENT LOTT, Mississippi                  Virginia
KAY BAILEY HUTCHISON, Texas          JOHN F. KERRY, Massachusetts
OLYMPIA J. SNOWE, Maine              JOHN B. BREAUX, Louisiana
JOHN ASHCROFT, Missouri              RICHARD H. BRYAN, Nevada
BILL FRIST, Tennessee                BYRON L. DORGAN, North Dakota
SPENCER ABRAHAM, Michigan            RON WYDEN, Oregon
SAM BROWNBACK, Kansas                MAX CLELAND, Georgia
                  Mark Buse, Republican Staff Director
               Ann Choiniere, Republican General Counsel
               Kevin D. Kayes, Democratic Staff Director
                  Moses Boyd, Democratic Chief Counsel

                            C O N T E N T S

                              ----------                              
                                                                   Page
Hearing held on July 19, 2000....................................     1
Statement of Senator Ashcroft....................................    27
Statement Senator Bryan..........................................     7
Statement of Senator Cleland.....................................    30
Prepared statement of Senator Hollings...........................     2
Statement of Senator Inouye......................................     6
Statement of Senator McCain......................................     1
    Prepared statement...........................................     2
Statement of Senator Rockefeller.................................     7
Prepared statement of Senator Snowe..............................     3

                               Witnesses

Statement of Hon. Barbara Boxer, U.S. Senator from California....     5
Statement of Hon. Dianne Feinstein, U.S. Senator from California.     4
Statement of Hon. Norman Y. Mineta, nominated to be Secretary of 
  Commerce.......................................................     8
    Prepared statement...........................................    10
    Biographical information.....................................    11

                                Appendix

Response to written questions submitted to Norman Y. Mineta by:
    Hon. John Ashcroft...........................................    39
    Hon. John McCain.............................................    33
    Hon. John D. Rockefeller.....................................    38

 
                      NOMINATION OF THE HONORABLE
                        NORMAN Y. MINETA, TO BE
                         SECRETARY OF COMMERCE

                              ----------                              

                        WEDNESDAY, JULY 19, 2000

                                       U.S. Senate,
        Committee on Commerce, Science, and Transportation,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 9:40 a.m. in room 
SR-253, Russell Senate Office Building, Hon. John McCain, 
Chairman of the Committee, presiding.

            OPENING STATEMENT OF HON. JOHN McCAIN, 
                   U.S. SENATOR FROM ARIZONA

    The Chairman. Good morning. Today the Committee meets to 
consider Norman Mineta's nomination to be the United States 
Secretary of Commerce. Norm Mineta is one of my colleagues from 
my days in the House of Representatives. I welcome him before 
the Committee and congratulate him on his nomination to this 
prestigious post.
    Mr. Mineta, would you like to introduce your family members 
who are here for this occasion?
    Mr. Mineta. Mr. Chairman, thank you very much. I would like 
to introduce my wife Denny and my stepson Bob Brantner and my 
sister Etsu Mineta Masuoka and her granddaughter Michele Amano.
    The Chairman. Could you all stand so we can all recognize 
you. Thank you.
    [Applause.]
    The Chairman. Thank you and welcome. I know this is a very 
proud moment for all of you.
    Mr. Mineta has a long record of distinguished public 
service. He served 20 years in the House as a California 
Representative of Silicon Valley. During part of his tenure in 
the House, Mr. Mineta served as Chairman of the then Public 
Works and Transportation Committee. Mr. Mineta currently serves 
as Vice President of Special Business Initiatives at Lockheed 
Martin Corporation.
    This is not the first time that Norm Mineta has come before 
the Committee. The Senate recently approved his nomination to 
serve on the Metropolitan Washington Airports Authority. The 
President also recently appointed him to chair the Advisory 
Commission on Asian Americans and Pacific Islanders. As most of 
us know, as a young boy Mr. Mineta and his family were among 
the Americans of Japanese ancestry forced into internment camps 
during World War II.
    We can all probably acknowledge that Commerce Secretary 
Daley made a valiant effort to clean up the Commerce 
Department's reputation as a ``dumping ground'' for the 
politically connected. I hope that Mr. Mineta takes this 
mission seriously. He and I have discussed my concerns about 
the more recent revelations concerning the alleged political 
nature of the Commerce Department trade missions.
    Again, Norm, I want to congratulate you on this momentous 
occasion in history. I am sure that I speak for the rest of my 
colleagues when I say that we are proud and heartened to 
welcome you back to the life of public service. It is my 
intention to move your nomination out of the Committee as soon 
as possible, and thank you for your appearance today.
    I would like to mention that Senator Hollings, former 
chairman and ranking member of this Committee, strongly 
supports your nomination. He is not here because he recently 
experienced a death in his family.
    If it is agreeable to the witnesses, I would like to begin 
with our very senior Senator and dear friend and colleague 
Senator Inouye.
    [The prepared statement of Senator McCain follows:]

   Prepared Statement of Hon. John McCain, U.S. Senator from Arizona

    Today the Committee meets to consider Norman Mineta's nomination to 
be the United States Secretary of Commerce. Norm Mineta is one of my 
colleagues from my days in the House of Representatives. I welcome him 
before the Committee, and congratulate him on his nomination to this 
prestigious post. Mr. Mineta, if you would like to introduce your 
family members who are here for this occasion?
    Mr. Mineta has a long record of distinguished public service. He 
served 20 years in the House as a California representative of Silicon 
Valley. During part of his tenure in the House, Mr. Mineta served as 
Chairman of the then Public Works and Transportation Committee. Mr. 
Mineta currently serves as Vice President of Special Business 
Initiatives at Lockheed Martin Corporation.
    This is not the first time that Norm Mineta has come before the 
Committee. The Senate recently approved his nomination to serve on the 
Metropolitan Washington Airports Authority. The President also recently 
appointed him to chair the Advisory Commission on Asian American and 
Pacific Islanders. As most of us know, as a young boy Mr. Mineta and 
his family were among the Americans of Japanese ancestry forced into 
internment camps during World War II.
    We can all probably acknowledge that Commerce Secretary Daley made 
a valiant effort to clean up the Commerce Department's reputation as a 
``dumping ground'' for the politically connected. I hope that Mr. 
Mineta takes this mission seriously. He and I have discussed my 
concerns about the more recent revelations concerning the alleged 
political nature of the Commerce Department trade missions.
    Again, Mr. Mineta, I want to congratulate you on this momentous 
occasion in history. I am sure that I speak for the rest of my 
colleagues when I say that we are proud and heartened to welcome you 
back to the life of public service. It is my intention to move your 
nomination out of the Committee as soon as possible. Thank you for your 
appearance today.

    [The prepared statement of Senator Hollings follows:]

            Prepared Statement of Hon. Ernest F. Hollings, 
                    U.S. Senator from South Carolina

    Today the Committee meets to consider the nomination of Norman 
Mineta to be Secretary of the Department of Commerce.
    Mr. Mineta currently serves as Vice President of Special Business 
Initiatives at the Lockheed Martin corporation. He is a former Member 
of the United States House of Representatives and has a long and 
distinguished record of public service. First elected to Congress in 
1974 to represent Silicon Valley, he became the first Asian American to 
chair the important U.S. House of Representatives Committee on Public 
Works and Transportation. During his tenure in Congress, Mr. Mineta's 
legislative and policy agenda was wide and varied, including major 
projects in the areas of transportation, economic development, science 
and technology, trade, the environment, intelligence, the budget and 
civil rights.
    A native of San Jose, California, Mr. Mineta and his family were 
among the 120,000 Americans of Japanese ancestry forced into internment 
camps by the United States Government during the Second World War. 
While serving in Congress, he founded and chaired the Congressional 
Asian Pacific American Caucus and was the driving force behind the 
passage of the Civil Liberties Act of 1988, which provided an official 
apology and a means of redress to over 100,000 Japanese Americans 
interned in camps during World War II. In 1995, George Washington 
University awarded Mr. Mineta with the Martin Luther King Jr. 
Commemorative Medal in recognition of his timeless efforts toward 
promoting civil justice and civil liberties for all individuals and 
groups.
    Given his considerable public sector experience, and personal 
temperament, there is no doubt Mr. Mineta is qualified and prepared to 
lead the Department of Commerce and to be the leading voice for the 
promotion of American business.
    I am in full support of Mr. Mineta's nomination and will do all I 
can to ensure his speedy confirmation.

    [The prepared statement of Senator Snowe follows:]

  Prepared Statement of Hon. Olympia J. Snowe, U.S. Senator from Maine

    Thank you, Mr. Chairman, for calling today's hearing on the 
President's nomination of Mr. Norm Mineta to serve as the Secretary of 
Commerce. Former-Congressman Mineta and I first met 26 years ago, so it 
is a real privilege to see him come before the Committee in this 
capacity today.
    Mr. Mineta, I would first like to welcome you to the Senate 
Commerce Committee and congratulate you on your recent nomination by 
President Clinton. Having had the privilege of serving with you for 16 
years in the House of Representatives, I know that you bring a broad 
range of knowledge and experience to the position for which you have 
been selected, and am confident that you will serve with distinction 
once confirmed.
    Not only do you possess the professional credentials and expertise 
needed for the position of Secretary of Commerce, but your personal 
background--from your family's tragic and unfortunate experience in an 
internment camp for Japanese Americans during World War II, to your 
service as the first Asian-Pacific American mayor of a major city and 
first Asian-Pacific American to chair a major congressional committee--
gives you a unique perspective on the need to treat all Americans 
fairly and provide a level playing field for those who are trying to 
achieve the American dream. Needless to say, today's hearing marks yet 
another milestone in your long and illustrious career.
    Mr. Mineta, when you accepted the President's nomination to be the 
33rd Secretary of Commerce at the White House last month, you 
highlighted the fact that the current economic expansion--which is the 
longest in duration in U.S. history--is an achievement, not an 
accident, that was brought about by ``. . . raising the productivity 
and competitiveness of our businesses and our work force.'' Later, you 
stated that you intend to ``. . . keep all sectors of the economy 
strong and growing, because we owe it to the American people.'' I 
couldn't agree with you more.
    The simple fact is that we live in a time of both unprecedented 
growth and unprecedented change--change that, thanks to the Internet 
and new technologies, seems to occur with nearly blinding speed. Those 
caught with their eyes closed, even for a moment, can quickly find 
themselves falling behind in a global competitive arena that does not 
take pity on the complacent.
    While the engine of growth, job creation, and improving standards 
of living is clearly the private sector, that engine needs an operating 
environment that permits it to run efficiently and without undue 
interference. And it is the federal government's role to ensure that 
such an environment exists so that our nation's growth--which is fueled 
by the private sector--can be sustained for the benefit of all 
Americans.
    The Commerce Department maintains many responsibilities for 
creating the kind of competitive environment in which American 
businesses can succeed. Specifically, it is the chief defender of 
American business interests at home and abroad. In the global arena, it 
must help American businesses of all sizes take advantage of the 
tremendous export opportunities that exist, while at the same time it 
must vigorously defend our businesses against the depredations of 
unscrupulous trading partners.
    Furthermore, the Department of Commerce also contains the National 
Marine Fisheries Service. As a member of the House who represented a 
coastal district for 21 years, I know that you understand just how 
valuable our marine resources are. This year, the Subcommittee on 
Oceans and Fisheries, which I chair, has been working to reauthorize 
and strengthen the Coastal Zone Management Act and the National Marine 
Sanctuaries Act. These will provide managers with the tools necessary, 
including sufficient funding, to conserve and sustainably utilize these 
resources.
    Perhaps the most significant item the Subcommittee has been working 
on is the reauthorization of the Magnuson-Stevens Fishery Conservation 
and Management Act. This is the nation's primary federal fisheries 
statute. Fisheries are one of the most regulated industries in the 
country. While many such regulations are needed if we are to rebuild 
those stocks which have been overfished and make the transition to 
sustainable fisheries, we have heard from fishermen across the country 
that the National Marine Fisheries Service has been too rigid in 
implementing the Act.
    The resulting lack of flexibility has lead to an uncertain business 
climate for many of our nation's fishermen. When President Clinton 
announced his intention to nominate you to this post, he stressed that 
you will bring to Commerce ``an in-depth understanding of American 
business'' and I hope that in your tenure we will see this 
understanding lead to an improvement in the management of our nation's 
fisheries. Last year, the regulations for the New England groundfish 
fishery were changed 5 times. As you can well imagine, this presented 
many challenges to a fleet already struggling to survive. These 
problems need more money and more leadership if they are to improve.
    Finally, through the Economic Development Administration, the 
Department of Commerce provides targeted assistance to the most 
distressed local and regional economies in the nation. I've seen the 
EDA in action in my own state of Maine, and I can attest to the 
important work that this agency performs in areas where unemployment 
often runs higher than the national average and new business creation 
runs low.
    Mr. Mineta, with these and other agencies within the Department's 
jurisdiction, the position of Commerce Secretary involves tremendous 
responsibility. It requires an individual with a clear vision, 
innovative ideas, extensive administrative skills, and an unyielding 
commitment to the interests of American businesses of all shapes and 
sizes. Accordingly, I look forward to hearing how you intend to manage 
the challenges and opportunities that are facing the Commerce 
Department and our nation during this period of unprecedented growth 
and change.
    Again, I welcome you to the Commerce Committee today, and look 
forward to supporting your nomination both in the Committee and on the 
Senate floor in the days ahead.
    Thank you, Mr. Chairman.

    Senator Inouye. Mrs. Feinstein, please.
    The Chairman. Whatever you say, Senator Inouye.
    [Laughter.]
    The Chairman. Senator Feinstein.

              STATEMENT OF HON. DIANNE FEINSTEIN, 
                  U.S. SENATOR FROM CALIFORNIA

    Senator Feinstein. Thank you very much, Mr. Chairman, 
Senator Bryan.
    As we were talking before you came in the room, I realized 
that I have known Norman Mineta now for 30 years. In 1970, I 
was President of the San Francisco Board of Supervisors, he was 
a member of the San Jose City Council. He then went on to 
become Vice Mayor and then in 1971 to 1974 Mayor of the City of 
San Jose.
    He is a native son of California. He grew up in San Jose's 
Japantown. He attended public school. In 1942 when he was 11, 
his family was among the 120,000 Japanese Americans forcibly 
removed to internment camps on the West Coast because of their 
ancestry. I think fittingly, one of his career highlights in 
Congress was his leadership in the enactment of the Civil 
Liberties Act of 1988, which called for a formal apology and 
$20,000 in compensation to each Japanese American survivor of 
these internment camps.
    He graduated from the University of California-Berkeley in 
1953 with a Bachelor of Science in Business. He immediately 
joined the United States Army. He served there from 1953 to 
1956. Upon his return, he entered the insurance business and 
became active in San Jose urban affairs. He served on the San 
Jose Human Relations Commission and the San Jose Housing 
Authority prior to his tenure on the City Council.
    In 1967, he was the first ethnic minority elected to the 
City Council and that began his string of firsts. In 1971, he 
was elected Mayor of San Jose becoming the first Japanese 
American Mayor of a major city. In 1974, he became the first 
Japanese American from the continental United States to be 
elected to the House of Representatives.
    When he assumed the chairmanship of the House Committee on 
Public Works and Transportation, he became the first American 
of Asian ancestry to chair a major committee in the House. Of 
course, should the Senate confirm his nomination as Commerce 
Secretary, he would become the first Asian American to serve in 
the President's cabinet.
    I have learned to come to appreciate Norman Mineta over the 
years. The older I get, I find sometimes there are two kinds of 
people, problem makers and problem solvers. Norman Mineta is a 
problem solver. I think his 21 years of experience on the Hill 
in a whole panoply of committee assignments, and particularly 
as Chairman of the Committee on Public Works and 
Transportation, demonstrates a very solid knowledge of the 
interreaction between people and business.
    I think he is going to be a very strong and positive 
Commerce Secretary. Frankly, I only wish this happened earlier 
in this President's tenure. He has the knowledge, he has the 
legislative background, he has the experience, and he has the 
ability, I think, to be a very fine Secretary of Commerce.
    So Mr. Chairman, it is with a great deal of pleasure that I 
am here this morning simply to indicate my strong support and 
my hope, as you just stated, that this Committee will speedily 
process his confirmation.
    I thank you very much.
    The Chairman. Thank you.
    Who is next, Senator Inouye?
    [Laughter.]
    The Chairman. Senator Boxer.

               STATEMENT OF HON. BARBARA BOXER, 
                  U.S. SENATOR FROM CALIFORNIA

    Senator Boxer. Thank you, Mr. Chairman.
    I want to associate myself with the remarks of my senior 
Senator, and I will not be repetitive. I am just going to talk 
from the heart about Norman Mineta for just a moment if I 
might. My heart is full of joy today and it is full of joy for 
Norm, for his family, for Asian Americans, for all Americans, 
because, Mr. Chairman, I know you know this and you believe 
this, that when we do open the door to all of our people we are 
such a better Nation.
    Today another door is being opened. It is a wonderful day. 
I agree, I wish it had been opened years ago in this particular 
case, but here it is. What it means is that the door will be 
opened to so many others who might not have been considered. So 
it is a huge day.
    Senator Feinstein noted the number of firsts. It is hard to 
be a first. A lot weighs on you. I know Norm feels a lot of 
emotion today.
    I just want to say, when I served with Norm for 10 years in 
the House of Representatives, Senator Feinstein is right, a 
problem solver. Mr. Chairman, I hope you will have the 
opportunity in the brief time that is left on this particular 
term to work with this fine, soon to be I hope Commerce 
Secretary, because in his district there are so many different 
points of view and so much diversity and so many Democrats, so 
many Republicans, independents. He was able to bring everyone 
together, which is a wonderful trait, and make progress for 
everyone.
    So it is a wonderful day. I am very honored to be here 
before you and your colleagues, my colleagues. It is a tough 
day. We have lost Senator Coverdell in a tragic way. Some of 
our colleagues have suffered personal losses. So Norm, you 
bring us joy today, and I am just pleased that you asked me to 
be here with you.
    Thank you very much.
    The Chairman. Thank you, Senator Boxer. Senator Inouye.

              STATEMENT OF HON. DANIEL K. INOUYE, 
                    U.S. SENATOR FROM HAWAII

    Senator Inouye. Thank you, Mr. Chairman. Mr. Chairman and 
members of the Committee: I am most privileged to be here this 
morning to join the distinguished Senators of California to 
support Norm Mineta for the office of Secretary of Commerce. 
Norm Mineta's life story is in a real sense a celebration of 
America. It is a story of sadness, it is a story of sacrifice, 
of pain. Yet it is a story of success and of service and, if I 
may add, glory.
    Here is a young man who, at a time when he was beginning to 
understand the complexities of society, had to leave his home 
with his parents to go to a desolate strange place in Wyoming 
called Hot Mountain, and there he spent nearly 2 years. This 
was his adult education of America. But instead of leading a 
life of gloom and bitterness, he returned home dedicated to 
serve his country. That is his life story. As Senator Feinstein 
and Senator Boxer have indicated, he served on the San Jose 
City Council, then became mayor and a distinguished member of 
the Congress.
    Mr. Chairman, I am fully convinced that he will be an 
outstanding member of the Cabinet. I am certain he will be a 
glorious footnote in the history of America. So I sit here 
without any qualifications but one: I am his friend and he is 
my friend. I can assure you, Mr. Chairman, he is a good man.
    Thank you.
    The Chairman. Thank you, Senator Inouye. I thank all our 
friends from California for being here, and I know you have a 
heavy schedule and you cannot stay, but you are welcome to 
leave. But I thank you all for appearing today. Thank you very 
much. Senator Bryan.

              STATEMENT OF HON. RICHARD H. BRYAN, 
                    U.S. SENATOR FROM NEVADA

    Senator Bryan. Thank you very much, Mr. Chairman. I would 
associate myself with the glowing remarks of our distinguished 
witnesses and the opening statement that you made.
    The President has chosen wisely. Mr. Mineta has a 
distinguished career in public service. The American public 
will be fortunate again to have his service in their behalf as 
the Secretary of Commerce. I enthusiastically support and 
endorse the nomination and, like you, Mr. Chairman, I am 
hopeful that we can move this nomination as quickly as possible 
so that Mr. Mineta will be able to assume his duties and 
responsibilities on behalf of the American public.
    On a personal note, having known him for 20 years, I am 
very pleased for him personally and his family. This is a 
wonderful opportunity. It is, as Senator Inouye says, it is an 
American success story. I congratulate you and the President 
for your selection.
    The Chairman. Thank you, Senator Bryan. Senator 
Rockefeller.

           STATEMENT OF HON. JOHN D. ROCKEFELLER IV, 
                U.S. SENATOR FROM WEST VIRGINIA

    Senator Rockefeller. Thank you, Mr. Chairman.
    I just pointed out to Senator Inouye, I have been on this 
Committee, Congressman Mineta--I guess I have to call you for 
the moment--I have heard many presentations of candidates, but 
I have never heard them give such a deep and emotional support 
for a candidate. These are very genuine people talking about 
somebody who they very genuinely respect.
    I share that view, and I share particularly the historical 
significance that Senator Inouye referred to. He did not say 
that you are the first Asian American cabinet member, and he 
did not specifically talk about internments and injustices 
done, but they were in his comments and in his heart. I think 
it is a powerful day that America becomes whole as you become 
the first Asian American to serve in the United States Cabinet.
    But that in and of itself would not qualify you. It is a 
right and just thing, but it would not qualify you. But you 
also happen to bring all the other things that are necessary, 
too. During the course of questioning we will talk about steel, 
which you and I have discussed, the digital divide, and the 
whole question of spectrum division.
    You have the toughness, the experience, the executive 
experience, the legislative experience, the personal nature of 
conflict resolution, bringing people together, the intensity of 
public service, the concept of public service which is so 
valuable and increasingly rare. Although I think it lies in the 
hearts of all Americans, it is not manifested as it once was. 
But you understand it in a unique way, as Senator Inouye 
understands it in a unique way.
    I am embarrassed on behalf of the Committee that there are 
not more of us here to join you. You surely have my full 
support.
    The Chairman. Welcome. Please proceed.

              STATEMENT OF HON. NORMAN Y. MINETA, 
             NOMINATED TO BE SECRETARY OF COMMERCE

    Mr. Mineta. Mr. Chairman, thank you very, very much. It is 
a great honor and personal privilege for me to have this 
opportunity to appear before you and the members of the Senate 
Commerce, Science, and Transportation Committee this morning.
    First of all, I would like to extend on behalf of Denni and 
me our deepest sympathies to the Senate family, to the family 
of Senator Coverdell, and to Senator Hollings on the loss of 
his brother. Senator Hollings and his wife Petesy are close 
friends and so our sympathies and prayers and thoughts are with 
the Coverdell family and the Hollings family.
    The Chairman. Thank you.
    Mr. Mineta. Mr. Chairman, I would like to especially thank 
you for the courtesies that you have extended to me since 
President Clinton announced my nomination some short 3 weeks 
ago. Since then I have had the opportunity to reach out to you 
and to each Senator of this Committee, including the 
distinguished ranking member Senator Hollings, with whom I have 
worked hard and long over many years.
    I am also delighted to thank my fellow Californians for 
their very generous comments. Both Senators Boxer and Feinstein 
have been great friends for many, many years and they are 
extraordinary representatives of the Golden State and I am 
proud to have them in my company.
    I must also say what a great personal honor it is for me to 
be joined at this table by your committee colleague and my 
friend of close to 40 years, Dan Inouye. The senior Senator 
from Hawaii is a man I admire in numerous individual dimensions 
of humanity and public service. When the Senator received his 
Congressional Medal of Honor from President Clinton 4 weeks ago 
today, it was a proud moment for every American, but perhaps 
especially for those of us who have known and respected Dan for 
so very long.
    Mr. Chairman, as you know, I have looked forward to the 
fullest possible conversation today. So with that in mind, I 
will keep my opening statement brief to help devote this 
hearing to the questions that all of you will have.
    When the President nominated me to be the next Secretary of 
Commerce, I said that 6 months is a virtual eternity in the new 
economy, and it is. I am honored by and grateful for his 
confidence in me and I look forward to helping contribute to 
this longest period of sustained economic expansion in American 
history.
    As many of you may know, my parents came to the United 
States from Japan some 90 years ago in search of the American 
dream. My father was actually supposed to come to Spreckles, 
California, to work at the Spreckles sugar farm. Not knowing 
that much about our U.S. geography, he got off the ship in 
Seattle, Washington, 1100 miles away from where he should have 
been. He was a boy 14 years old, not knowing the language or 
the culture, but knowing that he had to get to Spreckles, 
California.
    He then worked from one labor camp, lumber camp, farm camp, 
working his way down to California, and he eventually founded a 
small insurance agency in San Jose, California, in 1920. Now, 
that business remained small, but my father and my mother's 
dream remained large, in many ways focused on their children 
and our full acceptance into American society and economic 
opportunity.
    Mr. Chairman, the American economy our parents knew and 
worked in to raise us has been rebooted many times. I would 
like to commend especially the work done by Secretary William 
Daley to reboot the Commerce Department, which I know to be a 
prime interest of this Committee. But because of Bill Daley's 
commitment and partnership with you, the Commerce Department 
today is much more efficient, effective, and transparent in its 
operations.
    If confirmed by you and the full Senate, I will continue to 
make this work in progress a top priority. This commitment, 
which I make to you and to every constituent of the Department, 
should come as no surprise. During my 21 years in the House of 
Representatives, I had the privilege to serve the American 
people alongside many of you. So please forgive my repeating a 
personal mantra that you have probably heard before: I believe 
very strongly that accountability and accessibility are among 
the greatest responsibilities that every public servant owes to 
the letter and the spirit of the Constitution of this great 
United States.
    The American people have the right to expect us to observe 
these principles as matters of basic good government and to use 
them in our partnership with the private sector. I believe that 
new markets, free and fair trade, research enabling the 
creation of advanced American products and services, e-
commerce, a policy of digital inclusion to bridge the digital 
divide, and the best scientific data are neither partisan 
domains nor the province of one-size-fits-all prescriptives 
from Washington, D.C., or anywhere else. The advocacy of these 
principles, practices, and services to the American people will 
be foremost among my efforts as Commerce Secretary.
    Six months of opportunity and responsibility will demand a 
greater focus to make a greater difference in that time and I 
plan to focus my energies and the energies of the Department in 
four areas: First, keeping people in business. This means 
keeping the economy growing, Americans more prosperous, and 
developing new international markets for American business. We 
must all remember that people are our business and we must 
continue to invest in our workers, their opportunities, and 
their communities.
    Second, investing in our Nation's future. For the last 30 
years, the National Oceanic and Atmospheric Administration has 
been the Nation's leader in predicting and protecting the 
environment. Americans today enjoy the best Weather Service in 
the world. Our ports are more efficient and environmentally 
safe, and rebuilding our fisheries is a top priority. In all 
matters, I will continue to focus our best science on managing 
our coastal and marine resources.
    Investing in our Nation's future also means making sure 
that we have the technology and the policies to fuel the new 
economy. Across Commerce, people are doing crucial work on 
research and development, technology diffusion, and 
infrastructure modernization, and I intend to see that this 
work stays in high gear and on track.
    Third, continuing to mainstream the new economy. Our 
policies and programs must reach out to help every individual 
and every business transform ahead of our global competition.
    Fourth, accessible and accountable government. The 
Department has taken great strides to make its expertise and 
services more available to the American people, who are after 
all our customers. We must continue these reforms and 
modernizations.
    So Mr. Chairman, I believe these goals are also the results 
that the American people expect from us and I look forward to 
working with each and every one of you to keep all sectors of 
the economy strong and growing throughout this time.
    Thank you very much.
    [The prepared statement and biographical information of Mr. 
Mineta follow:]

             Prepared Statement of Hon. Norman Y. Mineta, 
                 Nominated to be Secretary of Commerce

    Mr. Chairman, it is a great honor and personal privilege for me to 
appear before you and the members of the Senate Commerce Committee this 
morning.
    I would like to thank you especially, Mr. Chairman, for the 
courtesies you have extended to me since President Clinton announced my 
nomination three short weeks ago. Since then, I have had the 
opportunity to reach out to you and each member of the Committee--
including the distinguished Ranking Member, with whom I've worked long 
and hard over many years.
    I'm also delighted to thank my fellow Californians for their 
comments just now. Both Senators Boxer and Feinstein have been great 
friends for many, many years and extraordinary representatives of the 
Golden State. I am proud to be in their company.
    I must also say what a personal honor it is for me to be joined at 
this table by your Committee colleague and my friend of close to 40 
years, Dan Inouye. The Senior Senator from Hawaii is a man I admire in 
numerous individual dimensions of humanity and public service.
    When the Senator received his Medal of Honor from President Clinton 
four weeks ago today, it was a proud moment for every American--but 
perhaps especially for those of us who have known and respected Dan for 
so very long.
    Mr. Chairman, as you know, I've looked forward to the fullest 
possible conversation today. With that in mind, I'll keep my opening 
statement brief to help devote this hearing to your questions.
    When the President nominated me to be the next Secretary of 
Commerce, I said that six months is a virtual eternity in the New 
Economy. And it is. I am honored by and grateful for his confidence in 
me, and look forward to helping continue this longest period of 
sustained economic expansion in American history.
    As you know, my parents came to the United States from Japan more 
than 90 years ago in search of the American Dream. My father began as a 
farmer in Washington State, worked his way down to California, and 
eventually founded a small insurance agency in San Jose.
    The business remained small. But my father-and-mother's Dream 
remained large--in many ways focused on their children and our full 
acceptance into American society and economic opportunity.
    Mr. Chairman, the American economy our parents knew and worked in 
to raise us has been rebooted many times--and I would like to commend 
especially the work done by Secretary Bill Daley to reboot the Commerce 
Department, which I know to have been a prime interest of this 
Committee.
    Because of Bill Daley's commitment and partnership with you, the 
Commerce Department is today more efficient, effective and transparent 
in its operations. If confirmed by you and the full Senate, I will 
continue to make this work in progress a top priority.
    This commitment, which I make to you and to every constituent of 
the Department, should come as no surprise.
    During my 21 years in the House of Representatives, I had the 
privilege to serve the American people alongside many of you. So, 
please forgive my repeating a personal mantra you've probably heard 
before.
    I believe accountability and accessibility are among the greatest 
responsibilities every public official owes to the letter and spirit of 
the Constitution of the United States. The American people have the 
right to expect us to observe these principles as matters of basic good 
government, and to use them in our partnerhip with the private sector.
    I believe that new markets, free and fair trade, research enabling 
the creation of advanced American products and services, e-commerce, a 
policy of digital inclusion to bridge the digital divide, and the best 
scientific data are neither partisan domains nor the province of one-
size-fits-all prescriptives from Washington, DC or anywhere else.
    The advocacy of these principles, practices and services to the 
American people will be foremost among my efforts as Commerce 
Secretary.
    Six months of opportunity and responsibility will demand a greater 
focus to make a greater difference. In that time, I plan to focus my 
energies and the energies of the Commerce Department in four areas:

   First, Keeping People in Business. This means keeping the 
        economy growing, Americans more prosperous, and developing new 
        international markets for American business. We must always 
        remember that people are our business. We must continue to 
        invest in our workers, their opportunities, and their 
        communities.

   Second, Investing in our Nation's Future. For the past 30 
        years, the National Oceanic and Atmospheric Administration has 
        been the Nation's leader in predicting and protecting the 
        environment. Americans today enjoy the best weather service in 
        the world. Our ports are more efficient and environmentally 
        safe. And rebuilding our fisheries is a top priority. In all 
        matters, I will continue to focus our best science on managing 
        our coastal and marine resources.
      Investing in our nation's future also means making sure we have 
        the technology and policies to fuel the new economy. Across 
        Commerce, people are doing crucial work on R&D, technology 
        diffusion and infrastructure modernization. I intend to see 
        that this work stays in high gear and on track.

   Third, Continuing to Mainstream the New Economy. Our 
        policies and programs must reach out to help every individual 
        and every business transform ahead of our global competitors.

   And Fourth, Accessible and Accountable Government. The 
        Department has taken great strides to make its expertise and 
        services more available to the American people, who are--after 
        all--our customers. We must continue those reforms and 
        modernizations.

    Mr. Chairman, I believe these goals are also the results the 
American people expect from us.
    I look forward to working with each of you to keep all the sectors 
of the economy strong and growing throughout this time.
    Thank you very much.

                      A. BIOGRAPHICAL INFORMATION

    1. Name: (Include any former names or nick names used.) Norman 
Yoshio Mineta.
    2. Position to which nominated: U.S. Secretary of Commerce.
    3. Date of nomination: July 17, 2000.
    4. Address: (List current place of residence and office addresses.) 
Residence: Not released to the public. Office: Lockheed Martin 
Headquarters, 6801 Rockledge Dr., Bethesda, Maryland 20817.
    5. Date and place of birth: November 12, 1931, in San Jose, 
California.
    6. Marital status: Married to Danealia Darlene Mineta. Maiden name: 
Danealia Darlene Hill.
    7. Names and ages of children: David K. Mineta (son), 35; Stuart S. 
Mineta (son), 27; Robert M. Brantner (stepson), 29; Mark D. Brantner 
(stepson), 27.
    8. Education: (List secondary and higher education institutions, 
dates attended, degree received and date degree granted.) San Jose High 
School, San Jose, California, 1946-1949, Diploma; University of 
California at Berkeley, Berkeley California, 1949-1953 B.S.
    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.)

1953 to 1956        U.S. Army; Military Intelligence Officer; Korea and
                     Japan

1953 to 1966        U.S. Army Reserve; Attained Rank of Major

1956 to 1992        Mineta Insurance Agency; Owned/Managed family
                     insurance business, San Jose, California

1967 to 1971        City of San Jose, Member of City Council; San Jose,
                     California

1971 to 1974        City of San Jose; Mayor; San Jose, California

1975 to 1995        U.S. House of Representatives; Member; Washington,
                     D.C.

1995 to 1998        1995 to 4/1998 Senior Vice President and Managing
                     Director, Transportation Systems Services, Lockheed
                     Martin IMS, Washington, D.C.; 4/98 to 10/98 Vice
                     President, Transportation Business Development,
                     Lockheed Martin Corp., Bethesda, Maryland; 10/98 to
                     Present Vice President, Special Business
                     Initiatives, Lockheed Martin Corp., Bethesda,
                     Maryland

    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.)

Metropolitan Washington Airports Authority Board of Review
  --Chair, 1987-1995

Metropolitan Washington Airports Authority Board of Directors
  --Member, 2000

President's Advisory Commission on Asian Americans & Pacific Islanders
  --Member, 2000

Smithsonian Institution
  --Member, Board of Regents, 1977 to 1995
  --Member, National Board
  --Member, Smithsonian Environmental Research Committee
  --Chair, Asian Pacific American Advisory Committee

President's Commission on Critical Infrastructure Protection
  --Member, Advisory Committee, September-December 1997

National Civil Aviation Review Commission
  --Chair, 1997

U.S. Department of Transportation
  --Unpaid consultant to Secretary U.S. Department of Transportation, 
        March-June 1999; Drafted Motor Carrier Safety Administration 
        Report.

    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.)

  Santa Clara University, Santa Clara, California; Member, Board of 
        Regents; Santa Clara, California
  International Institute for Surface Transportation Policy Studies; 
        Member, Board of Directors; San Jose State University; San 
        Jose, California
  MELE Associates, Inc.; Member, Board of Directors
  ITS America; Member Board of Directors, Washington, D.C.
  Trimble Navigation Ltd.; Member, Board of Directors, Sunnyvale, 
        California

    12. Memberships: (List all memberships and offices held in 
professional, fraternal, scholarly, civic, business, charitable and 
other organizations.)

  Japanese American National Museum, Board of Directors
  San Jose Chamber of Commerce
  Center for Policy Alternatives, Board of Directors
  Eno Transportation Foundation, Board of Directors
  Aero Club of Washington, Board of Directors
  Asian Pacific American Institute for Congressional Studies, Board of 
        Directors
  Junior Statesman Foundation, Board of Directors
  History Museums of San Jose, Board of Directors
  National Japanese American Memorial Foundation, Board of Directors
  San Jose Museum of Art
  Boy Scouts of America, Santa Clara County Council

    13. Political affiliations and activities:
    (a) List all offices with a political party that you have held or 
any public office for which you have been a candidate. Candidacies: 
1969, San Jose City Council (Appointed, 1967); 1971, Mayor of San Jose; 
1974 and every 2 years thereafter, through 1994, U.S. House of 
Representative from San Jose, California.
    (b) List all memberships and offices held in and services rendered 
to all political parties or election committees during the last 10 
years. Democratic Congressional Campaign Committee, member; Dukakis for 
President Committee, Co-Chair; Santa Clara County United Democratic 
Committee, member; Democratic Central Committee, Santa Cruz County, 
member; Democratic State Central Committee, member.
    (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. The following 
contributions were made by Mineta for Congress political action 
committee:

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
A Lot of Folks for Pat Williams                          Federal                11/02/92         500.00
----------------------------------------------------------------------------------------------------------------
A Lot of People Supporting Tom Daschle                   Federal                05/09/97         500.00
----------------------------------------------------------------------------------------------------------------
Abercrombie for Congress                                 Federal                10/09/96         1,000.00
----------------------------------------------------------------------------------------------------------------
Al Swift Campaign                                        Federal                11/02/92         500.00
----------------------------------------------------------------------------------------------------------------
Alan Wheat for U.S. Senate                               Federal                05/04/94         500.00
----------------------------------------------------------------------------------------------------------------
A Lot of Friends for Pat Williams                        Federal                11/07/94         500.00
----------------------------------------------------------------------------------------------------------------
Angelides for Treasurer                                  Non-Federal            09/14/97         500.00
----------------------------------------------------------------------------------------------------------------
Anna Eshoo for Congress                                  Federal                06/19/96         500.00
----------------------------------------------------------------------------------------------------------------
Anna Eshoo for Congress                                  Federal                10/15/96         500.00
----------------------------------------------------------------------------------------------------------------
Barca for Congress                                       Federal                11/07/94         500.00
----------------------------------------------------------------------------------------------------------------
Bonior for Congress                                      Federal                07/12/90         500.00
----------------------------------------------------------------------------------------------------------------
Boxer for Senate                                         Federal                10/31/92         1,000.00
----------------------------------------------------------------------------------------------------------------
Brennan for Governor/Maine                               Non-Federal            10/26/90         500.00
----------------------------------------------------------------------------------------------------------------
Bud Cramer for Congress                                  Federal                09/28/92         500.00
----------------------------------------------------------------------------------------------------------------
Citizens for John Olver for Congress                     Federal                05/30/91         500.00
----------------------------------------------------------------------------------------------------------------
Committee to Elect Antonio R.                            Non-Federal            03/31/98         500.00
  Villaraigosa
----------------------------------------------------------------------------------------------------------------
Committee to Re-Elect Tom Foley                          Federal                11/07/94         1,000.00
----------------------------------------------------------------------------------------------------------------
Committee to Re-Elect Wayne Owen                         Federal                10/26/90         500.00
----------------------------------------------------------------------------------------------------------------
Congressman Bart Gordon Committee                        Federal                06/03/96         500.00
----------------------------------------------------------------------------------------------------------------
Congressman Jerry Kleczka                                Federal                01/09/96         1,000.00
----------------------------------------------------------------------------------------------------------------
Congressman Klidee Committee                             Federal                11/07/94         500.00
----------------------------------------------------------------------------------------------------------------
Congressman William O. Lipinski                          Federal                05/15/92         500.00
  Committee
----------------------------------------------------------------------------------------------------------------
Daniel K. Inouye in '98                                  Federal                02/28/98         1,000.00
----------------------------------------------------------------------------------------------------------------
Democratic Central Committee Santa  Clara County         Political              10/30/95         2,000.00
                                                         Organization
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
Democratic Congressional Dinner                          Federal                03/14/89         3,000.00
  Committee
----------------------------------------------------------------------------------------------------------------
Democratic Congressional Dinner                          Federal                03/27/91         3,000.00
  Committee
----------------------------------------------------------------------------------------------------------------
Democratic Congressional Campaign                        Federal                09/19/89         1,000.00
  Committee
----------------------------------------------------------------------------------------------------------------
Democratic Congressional Campaign                        Federal                02/05/90         5,000.00
  Committee
----------------------------------------------------------------------------------------------------------------
Democratic Congressional Campaign                        Federal                10/26/90         500.00
  Committee
----------------------------------------------------------------------------------------------------------------
Democratic Congressional Campaign                        Federal                03/27/91         5,000.00
  Committee
----------------------------------------------------------------------------------------------------------------
Democratic Congressional Campaign                        Federal                11/06/91         500.00
  Committee
----------------------------------------------------------------------------------------------------------------
Democratic Congressional Campaign                        Federal                04/06/92         5,000.00
  Committee
----------------------------------------------------------------------------------------------------------------
Democratic Congressional Campaign                        Federal                09/23/93         5,000.00
  Committee
----------------------------------------------------------------------------------------------------------------
Democratic Congressional Campaign                        Federal                05/17/94         5,000.00
  Committee
----------------------------------------------------------------------------------------------------------------
Democratic Congressional Campaign                        Federal                01/24/95         5,000.00
  Committee
----------------------------------------------------------------------------------------------------------------
Democratic State Central Committee                       Political              05/26/92         4,000.00
                                                         Organization
----------------------------------------------------------------------------------------------------------------
Democratic Party, Santa Clara County                     Political              05/22/94         500.00
                                                         Organization
----------------------------------------------------------------------------------------------------------------
Democratic State Central Committee                       Political              09/25/92         2,000.00
                                                         Organization
----------------------------------------------------------------------------------------------------------------
Don Beyer for Governor                                   Non-Federal            09/07/97         500.00
----------------------------------------------------------------------------------------------------------------
Eshoo for Congress                                       Federal                03/31/92         1,000.00
----------------------------------------------------------------------------------------------------------------
Eshoo for Congress                                       Federal                09/30/92         1,000.00
----------------------------------------------------------------------------------------------------------------
Faleomavaega for Congress Committee                      Federal                11/07/94         500.00
----------------------------------------------------------------------------------------------------------------
Fifth Exploratory Committee (Moffett)                    Federal                10/20/89         1,000.00
----------------------------------------------------------------------------------------------------------------
Ford for Congress                                        Federal                10/31/91         500.00
----------------------------------------------------------------------------------------------------------------
Friends of Bob Carr                                      Federal                10/31/92         500.00
----------------------------------------------------------------------------------------------------------------
Friends of Bob Carr                                      Federal                07/22/94         500.00
----------------------------------------------------------------------------------------------------------------
Friends of Daniel Akaka                                  Federal                07/23/90         1,000.00
----------------------------------------------------------------------------------------------------------------
Friends of Farr                                          Federal                11/07/94         1,000.00
----------------------------------------------------------------------------------------------------------------
Friends of Jim Oberstar                                  Federal                04/15/98         500.00
----------------------------------------------------------------------------------------------------------------
Friends of L.F. Payne                                    Non-Federal            09/30/97         500.00
----------------------------------------------------------------------------------------------------------------
Friends of Mark Takano                                   Federal                02/11/94         500.00
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------

Friends/Congressman George Miller------------------------Federal----------------03/31/97---------500.00---------
  Committee
----------------------------------------------------------------------------------------------------------------
Hamburg for Congress                                     Federal                11/07/94         1,000.00
----------------------------------------------------------------------------------------------------------------
Hefner for Congress                                      Federal                10/26/90         500.00
----------------------------------------------------------------------------------------------------------------
IMPAC 2000                                               Political              05/07/90         10,000.00
                                                         Organization
----------------------------------------------------------------------------------------------------------------
IMPAC 2000                                               Political              06/04/90         25,000.00
                                                         Organization
----------------------------------------------------------------------------------------------------------------
IMPAC 2000                                               Political              05/07/91         10,000.00
                                                         Organization
----------------------------------------------------------------------------------------------------------------
IMPAC 2000                                               Political              07/10/91         10,000.00
                                                         Organization
----------------------------------------------------------------------------------------------------------------
IMPAC 2000                                               Political              09/30/91         15,000.00
                                                         Organization
----------------------------------------------------------------------------------------------------------------
Jerry Estruth for Congress Committee                     Federal                10/17/95         5,000.00
----------------------------------------------------------------------------------------------------------------
Keep George Brown                                        Federal                10/26/90         1,000.00
----------------------------------------------------------------------------------------------------------------
Keep Nick Rahall in Congress Committee                   Federal                11/02/92         500.00
----------------------------------------------------------------------------------------------------------------
Keep Nick Rahall in Congress Committee                   Federal                03/13/98         500.00
----------------------------------------------------------------------------------------------------------------
Kennelly for Connecticut                                 Non-Federal            04/15/98         500.00
----------------------------------------------------------------------------------------------------------------
Les AuCoin for Senate                                    Federal                06/24/91         1,000.00
----------------------------------------------------------------------------------------------------------------
Les AuCoin for Senate                                    Federal                06/26/91         1,000.00
----------------------------------------------------------------------------------------------------------------
Lynn Schenk for Congress                                 Federal                11/07/94         500.00
----------------------------------------------------------------------------------------------------------------
Mike Honda for Assembly '96                              Non-Federal            10/15/96         500.00
----------------------------------------------------------------------------------------------------------------
Moffett for Congress                                     Federal                10/26/90         500.00
----------------------------------------------------------------------------------------------------------------
Nagle for Congress                                       Federal                10/26/92         500.00
----------------------------------------------------------------------------------------------------------------
Nagle for Congress                                       Federal                10/31/92         500.00
----------------------------------------------------------------------------------------------------------------
Pastor for Congress                                      Federal                09/17/91         500.00
----------------------------------------------------------------------------------------------------------------
Price for Congress                                       Federal                03/25/96         500.00
----------------------------------------------------------------------------------------------------------------
Rahall, Nick (Keep Nick Rahall/                          Federal                05/02/90         1,000.00
  Congress)
----------------------------------------------------------------------------------------------------------------
Sam Farr for Congress                                    Federal                03/13/98         500.00
----------------------------------------------------------------------------------------------------------------
Santa Clara County United Democratic                     Political              03/16/90         5,000.00
  Committee                                              Organization
----------------------------------------------------------------------------------------------------------------
Santa Clara County United Democratic                     Political              09/30/96         1,610.00
  Committee                                              Organization
----------------------------------------------------------------------------------------------------------------
Sawyer for Congress                                      Federal                11/07/94         500.00
----------------------------------------------------------------------------------------------------------------
Sherman for Congress                                     Federal                10/09/96         500.00
----------------------------------------------------------------------------------------------------------------
Spratt for Congress                                      Federal                07/16/96         500.00
----------------------------------------------------------------------------------------------------------------
Studds for Congress                                      Federal                10/26/90         1,000.00
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------

Takano for Congress--------------------------------------Federal----------------06/15/93---------500.00---------
----------------------------------------------------------------------------------------------------------------
Torricelli for Senate                                    Federal                06/03/96         1,000.00
----------------------------------------------------------------------------------------------------------------
Torricelli for Senate                                    Federal                06/03/96         1,000.00
----------------------------------------------------------------------------------------------------------------
United Democratic Campaign                               Political              07/13/90         891.50
                                                         Organization
----------------------------------------------------------------------------------------------------------------
United Democratic Campaign                               Political              07/23/90         931.50
                                                         Organization
----------------------------------------------------------------------------------------------------------------
United Democratic Campaign                               Political              08/15/90         2,464.50
                                                         Organization
----------------------------------------------------------------------------------------------------------------
United Democratic Campaign                               Political              08/31/90         2,812.50
                                                         Organization
----------------------------------------------------------------------------------------------------------------
United Democratic Campaign                               Political              09/13/90         2,113.50
                                                         Organization
----------------------------------------------------------------------------------------------------------------
United Democratic Campaign                               Political              03/29/93         500.00
                                                         Organization
----------------------------------------------------------------------------------------------------------------
United Democratic Campaign                               Political              03/25/92         1,000.00
                                                         Organization
----------------------------------------------------------------------------------------------------------------
United Democratic Campaign                               Political              09/30/94         2,500.00
                                                         Organization
----------------------------------------------------------------------------------------------------------------
United Democratic Campaign                               Political              11/04/94         2,500.00
                                                         Organization
----------------------------------------------------------------------------------------------------------------
United Democratic Campaign                               Political              11/28/95         5,500.00
                                                         Organization
----------------------------------------------------------------------------------------------------------------
Victory '90--Federal Account                             Political              10/24/90         4,000.00
                                                         Organization
----------------------------------------------------------------------------------------------------------------
Vinich for Congress                                      Federal                04/20/89         1,000.00
----------------------------------------------------------------------------------------------------------------
Washington State Democratic Party                        Federal                10/30/96         2,750.00
----------------------------------------------------------------------------------------------------------------
Washington State Democratic Party                        Federal                10/30/96         2,750.00
----------------------------------------------------------------------------------------------------------------
Wolpe for Congress                                       Federal                10/26/90         1,000.00
----------------------------------------------------------------------------------------------------------------
Woolsey for Congress Committee                           Federal                12/21/93         500.00
----------------------------------------------------------------------------------------------------------------
Yates for Congress Committee                             Federal                12/29/89         1,000.00
----------------------------------------------------------------------------------------------------------------

    14. Honors and awards: (List all scholarship, fellowships, honorary 
degrees, honorary society memberships, military medals and any other 
special recognition for outstanding service or achievements.) Due to my 
retirement from Congress 5 years ago, it is no longer possible to 
assemble a comprehensive list of my awards and honors. The following is 
my best effort to recall some of the awards and honors I have received 
over the years:

  Aviation Achievement Award, Aero Club of Washington, 1985
  Industry Public Service Award, Air Transport World, 1987
  Award for Extraordinary Service, Federal Aviation Administration, 
        1989
  Martin Luther King, Jr. Commemorative Medal, George Washington 
        University, 1995
  Distinguished Service Medal, National Aeronautics and Space 
        Administration, 1996
  Hubert Humphrey Award, Leadership Conference on Civil Rights, 1996
  Public Service Award, American Institute of Aeronautics and 
        Astronautics, 1996
  Glen A. Gilbert Memorial Award, Air Traffic Control Association, 1996
  Joseph P. Hartranft, Jr. ``Doc Award,'' Aircraft Owners and Pilots 
        Association, 1987
  Distinguished Service Award, American Public Transit Association, 
        1993

    15. Published writings: (List the titles, publishers, and date of 
books, articles, reports, or other published materials which you have 
written.) Due to my retirement from Congress 5 years ago, it is no 
longer possible to assemble a comprehensive list of my published 
writings. The following is my best effort to list as many of my 
published writings as I can:

  ``Winning the Peace,'' SunWorld/view.point--July 1991.
  ``Making Sense of The Census: An Opinion Editorial,'' The Rafu 
        Shimpo, It Pays to Know--April 18, 1990.
  ``Congressional Insight: Biotechnology and the Future,'' Details--
        May/June 1991.
  ``Mineta on Strategy: Government Should Help, Not Ignore, U.S. 
        Companies in World Markets,'' The Business Journal (Santa Clara 
        Valley)--October 16, 1989.
  ``Will There Be Life in Our Space Program,'' AD ASTRA, Space Politics 
        Forum--November 1989.
  ``Comments to Letter to Gorbachev (Perspective),'' San Jose Mercury 
        News--June 3, 1990.
  ``In Case of Oil Emergency,'' San Jose Mercury News--October 15, 
        1990.
  ``Time to Rebuild America,'' State Government News--November 1991.
  ``Ice Tea' Is Working,'' ROLL CALL, Infrastructure Policy Briefing, 
        June 29, 1992.
  ``Override Bush's Veto on the FSX,'' San Jose Mercury News, 
        Commentary--August 4, 1989.
  ``Defining the Federal Role in Infrastructure Funding,'' Stone 
        Review--April 1991.
  ``Trains, Planes, and Automobiles--Getting from Here to There in the 
        1990s,'' TRAIL--February 1991.
  ``ADA: A Matter of Civil Rights,'' Worklife--Fall 1990.
  ``National Transportation Systems--SOLUTIONS FOR THE FUTURE,'' DES--
        October 1990.
  ``Penny-Wise and Pound-Foolish,'' ROLL CALL, Infrastructure Policy 
        Briefing--July 23, 1990.
  ``Mobility Safety Concern Congress,'' Roads and Bridges--December 
        1989.
  ``U.S. Airlines Should Not Be Routinely Repaired Overseas,'' Scripps 
        Howard News Service--December 11, 1989.
  ``Infrastructure: The Federal Road Ahead,'' Stone Review--April 1989.
  ``Curing the Air Travel Crunch,'' Air and Space--October/November 
        1987.
  ``Building the Future Today,'' U.S. MAYOR--February 15, 1993.
  ``Looking To The Future,'' Heavy/Highway Report--January 1993.
  ``Reinventing Superfund,'' ROLL CALL, Environmental Policy Briefing--
        July 25, 1994.
  ``Technology in Motion; Privacy at Issue,'' San Jose Mercury News--
        September 4, 1994.
  ``The Flight Into the 104th Congress,'' The Alliance (published by 
        the Association of Flight Attendants (SFO United Council 11))--
        March 20, 1995.
  ``In Transit We Trust,'' San Jose Mercury News--March 17, 1995.
  ``Now, the Point is `Nonpoint','' ROLL CALL. Environment Policy 
        Briefing--April 3, 1995.
  ``GOP Congress Must Exempt Infrastructure From Its Attacks on 
        Government Spending,'' ROLL CALL, Infrastructure Policy 
        Briefing--May 8, 1995.
  ``The Wounds of War,'' People Magazine--December 14, 1987.

    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. Due to my retirement from Congress 5 years ago, it is no 
longer possible to assemble a comprehensive list of my speeches. 
However, I have given approximately ten speeches in two areas: Asian 
Pacific American Affairs and federal aviation matters. I do not have 
copies of these speeches readily to hand. I will attempt to provide 
copies of these speeches if the Committee so desires.
    17. Selection:
    (a) Do you know why you were chosen for this nomination by the 
President? I believe the President selected me because my professional 
life has been lived successfully in one of two worlds and often both: 
business and public service. I have run a small business and currently 
hold a senior strategic position in a large one. I have held public 
office at the local and Federal levels, and these experiences have 
provided both executive and legislative insights and accomplishments. I 
am a consensus-builder by nature and a leader by example. The President 
knows that I believe in and understand the importance of the New 
Economy, both domestically and internationally. He also knows that I 
will work tirelessly in this job for the good of the American people.
    (b) What do you believe in your background or employment experience 
affirmatively qualifies you for this particular appointment? My 
experiences in both the public and private sector have been dedicated 
to job creation, free-and-fair trade, the embrace of new technologies 
and scientific research, and accessibility and accountability in public 
office.

                   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 office? 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. As an employee of Lockheed Martin Corporation, I 
received a salary, certain stock options, retirement benefits, 401(k), 
and health benefits. In addition, as a former Member of Congress, I am 
vested in the federal retirement plan and draw a retirement annuity.
    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. I retained stock and 
stock options with Lockheed Martin, stock options with Trimble 
Navigation Ltd., and stock in MELE Associates and Union Bank of 
California. I will disqualify myself from participation in matters 
likely to affect these interests, consistent with ethics regulations. I 
do not anticipate these holdings creating a conflict of interest with 
my duties in light of this recusal.
    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? During the past 10 years, I 
have had no clients and only two employers: one is the U.S. House of 
Representatives, and the other is Lockheed Martin. I do not anticipate 
any conflict of interest being created by any of my past activities. I 
will disqualify myself from participating in matters concerning past 
employers or organizations with which I have served, as provided in 
ethics regulations.
    4. Describe any activity during the past 10 years in which you have 
been engaged for the purpose of directly or indirectly influencing the 
passage, defeat or modification of any legislation affecting the 
administration and execution of law or public policy. Until October, 
1995, I had served as a member of the US House of Representatives 
continuously since January, 1975. Thereafter, I have been outspoken on 
matters related to Asian Pacific Americans. I have also served on 
Federal panels in public proceedings and have testified to Congress in 
related matters.
    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 will 
consult with ethics officials of the Department of Commerce and, if 
appropriate, divest myself of conflicting interests, recuse myself, or 
obtain a waiver of conflict of interests restrictions, if 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 complaint 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. I'm aware of 
none.
    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? To the 
limits of my power, 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? To the limits of my power, 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? To the 
limits of my power, 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? To the limits of my power, yes.

                  F. GENERAL QUALIFICATIONS AND VIEWS

    Please describe how your previous professional experience and 
education qualifies you for the position for which you have been 
nominated.
    1. 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 believe that I have all the skills 
necessary to successfully carry out this position. However, I also 
realize that the position carries with it high expectations across a 
wide range of areas. I am sure that there will be humbling moments and 
I look forward to improving my skills as I become more experienced in 
the job.
    2. Why do you wish to serve in the position for which you have been 
nominated? This is a great moment in the life of the American economy. 
It will be a privilege to bring all of my experiences and resources to 
bear to help keep the economy growing and strong.
    3. What goals have you established for your first two years in this 
position, if confirmed? In the six or so months left in President 
Clinton's term, there is no more important task than to further advance 
the policies that have contributed to our economic growth and 
prosperity. Six months can be a lifetime in the new economy and I 
intend to ensure we stay focused on promoting fair trade, ensuring all 
Americans can participate fully in the new economy and building the 
legal, technological, and policy infrastructure to sustain economic 
growth. This is particularly true for the resource management 
responsibilities of the Department where we are charged with a diverse 
set of environmental mandates from forecasting the weather to ensuring 
we leave the next generation healthier and more productive oceans.
    4. Please discuss your philosophical view 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. 
Throughout my career in both the public and private sectors I have 
believed that government has several roles as it carries out the 
people's business. First, it provides a way for our citizens to get 
things done that are not necessarily viable for the private sector 
acting alone. Building our country's transportation infrastructure is 
an example from my own experience. Second, government provides the 
legal and policy framework for fair competition and to encourage robust 
innovation. I believe this is the role Abraham Lincoln had in mind when 
noted that ``The patent system added the fuel of interest to the fire 
of genius.'' The words now carved into the stone of Commerce's Herbert 
Hoover building.
    I do not believe there is a bright line that divides public and 
private roles. Indeed, this Administration, with Congress's support, 
has shown the power of public-private partnerships to get things done 
in a cost-effective and timely manner. Nevertheless, we must constantly 
ask ourselves whether government's role is needed. In a rapidly 
changing economy, we should be prepared to accept new challenges and 
drop old roles that are no longer necessary.
    Finally, it is uniquely government's role to ensure the protection 
of every American's rights and to ensure citizens and corporations live 
up to their responsibilities. That is why I worked so hard and am still 
proud to this day of the action this body took with the passage of the 
Civil Liberties Act of 1988. The redress for Japanese Americans in the 
Act remains in my mind as one of the best expressions of what this 
nation can be about and the power of government to admit its mistakes--
even the most tragic of mistakes--offer tangible remorse, and commit to 
ensuring that the same mistakes are never repeated.
    5. In your own words, please describe the agency's current 
missions, major programs, and major operational objectives. Commerce is 
a diverse department. But at its core, each of its nine bureaus plays a 
role in job creation, sustainable economic growth and in improving our 
living standards. I am sure you have seen Commerce's mission statement 
and I strongly agree with the objectives it outlines to: (a) build for 
the future and promote U.S. competitiveness in the global marketplace 
by strengthening and safeguarding the nation's economic infrastructure, 
(b) keep America competitive with cutting-edge science and technology 
and an unrivaled information base, and (c) provide effective management 
and stewardship of the nation's resources and assets to ensure 
sustainable economic opportunities. In my tenure, I will work to ensure 
that Commerce's diverse responsibilities are more interconnected than 
every before. It will be my priority to see that we build on our 
successes and continue to enable the American people to participate in 
this thriving economy.
    6. In reference to question number six, what forces are likely to 
result in changes to the mission of this agency over the coming five 
years? The Department is in the middle of preparing its five year 
Strategic Plan which it will deliver to you, as required by the 
Government Performance and Results Act, on September 30, 2000. While 
this is still a work-in-progress, my view is that Commerce's mission is 
not likely to change but the tools it uses are likely to undergo 
evolution. We must make major strides in how we use information 
technology to become the ``digital department.'' This means finding 
ways the Internet and electronic commerce can help us provide better 
and faster services to our clients. This also means taking a page from 
business which has used these tools to cut costs and improve service in 
B2B transactions and apply them for the same purpose in G2G 
transactions. I also believe the next five years will see us make 
changes in the type of statistical tools we use to measure the economy 
and inform our policy decisions. Finally, I will be encouraging the 
Department to pick up the pace of innovation in how we use technology 
in everything from processing patents to managing fisheries.
    7. In further reference to question number six, 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 
board/commission and why? The top three challenges are: (1) maintaining 
focus and effectiveness in a world that is increasingly globalized and 
interconnected, (2) continuing to effect change within the Department, 
and (3) working with Congress to ensure the Department has adequate 
resources. As our world becomes more complex, a Department as diverse 
as Commerce will inevitably be pulled in many different directions. 
Similarly, economic and resource management policy issues are becoming 
more global in nature. For example, we can't protect whales that we 
enjoy seeing off our coasts without the cooperation of dozens of 
nations around the world. Neither can we ensure fair trade simply 
through bilateral discussion with a handful of trading partners. To 
meet these challenges will require evolution in how we do business and 
the tools we use. This may mean changes to or even elimination of some 
services and launching of new ones. Change will raise concerns from 
some stakeholders within and outside the Department. Equally, to meet 
these challenges, the Department will need adequate funding. I look 
forward to working with you on all these fronts.
    8. In further reference to question number six, what factors in 
your opinion have kept the board/commission from achieving its missions 
over the past several years? In preparing for this job, I have reviewed 
the Committee's assessments of Bill Daley and the Department over the 
past several years. The evidence makes it easy to agree with your views 
on just how good a job he and the Department have done in achieving its 
mission. To quote Senator McCain's characteristically straight-talk, 
``I give Secretary Daley high marks.'' I look forward to working with 
you to continue this record of success and meeting the challenges of 
the next six months.
    9. Who are the stakeholders in the work of this agency? The 
Secretary of Commerce has a sweeping responsibility to be the balanced 
voice of business leadership within the Department of Commerce. The 
Department makes possible the weather reports heard every morning; 
facilitates technology that Americans use in the workplace and home 
every day; it supports the development, gathering and transmitting of 
information essential to competitive business; and it conducts the 
constitutionally mandated decennial census which is the basis of 
representative democracy. Primary stakeholders are businesses and 
workers. The Department works to produce a fertile environment for 
business growth and innovation. This included investing in people and 
working to close the ``divides'' in our society to open new doors of 
opportunity all over America. Commerce works to create a stable 
international market place that includes level playing fields, stable 
laws and strong protections for consumers and fair competition. Equally 
important stakeholders are the millions of men and women who make their 
living and find relaxation along our coasts and in our seas. So too 
those who depend on weather forecasts to chart safe air transportation, 
plant crops and prepare for natural disasters. Arguably more than any 
other Department, Commerce has stakeholders in every part of American 
society.
    10. What is the proper relationship between your position, if 
confirmed, and the stakeholders identified in question number eleven? 
The Secretary of Commerce is the reasoned voice of American business 
within the administration and in the international area. The Secretary 
is also a decision-maker in issues related to marine resources and 
weather forecasting. The proper relationship between the Secretary and 
stakeholders in all these areas is governed by clear legislative 
mandates, executive orders and Departmental guidance. I can assure you 
that I will follow in the footsteps of my predecessor in adhering to 
both the letter and spirit of those documents and other guidance you 
may have for me.
    11. Please describe your philosophy of supervisor/employee 
relationships. Generally, what supervisory model do you follow? Have 
any employee complaints been brought against you? My philosophy has 
always been straightforward--set the direction, demand the best and 
trust your staff 's judgement to make things work on the ground. As 
Secretary, I plan to set the goals and require frequent and frank 
progress reports from the Department's senior leadership. I expect 
them, in turn, to provide clear guidance and oversight to the work of 
their bureaus. At the same time, I will trust in the Department's 
leaders to carry out our business efficiently and with integrity on a 
day-to-day basis.
    12. Describe your working relationship, if any, with the Congress. 
Does your professional experience include working with committees of 
Congress? If yes, please describe. As many of you know, I was a 
Congressman from San Jose, California for over two decades. I have had 
a long and positive working relationship with Congress. I look forward 
to continuing that relationship in a new role.
    13. Please explain how you will work with the Committee and other 
stakeholders to ensure that regulations issued by your board/commission 
comply with the spirit of the laws passed by Congress. I have said many 
times over my career that accessibility and accountability should be 
two of the most important values for governmental institutions and 
officials. I have worked hard to make sure that I and the offices I 
hold reflect those values. I look forward to the formal opportunities 
for dialogue afforded to me through testimony and responding to written 
requests such as this one. However, I believe informal communications 
are critical to ensuring we share an understanding of how the 
Department's actions are in full support of the laws passed by 
Congress. I have every hope and expectation that you will not hesitate 
to pick up the phone and call with questions or concerns. I also 
anticipate visiting with you and your constituents both here in 
Washington and back in your districts.
    14. In the areas under the board/commission jurisdiction, what 
legislative action(s) should Congress consider as priorities? Please 
sate your personal views. There are a number of bills that are 
currently under consideration by Congress that directly or indirectly 
affect Commerce. I look forward to working with you on the specifics of 
them as they are taken up by the Senate and House. As my record from 
two decades in Congress shows, you can rest assured that I will work 
diligently and cooperatively with you to make sure that we have the 
necessary legal framework in place to continue to provide for continued 
prosperity, fair trade, sustainable development and inclusion of all 
Americans in the opportunities for economic growth.
    15. Please discuss your views on the appropriate relationship 
between a voting member of any independent board or commission and the 
wishes of a particular president. While I would hope and expect that my 
relations with the President would remain cordial and friendly, in this 
particular position, once nominated and confirmed, I have by statute 
one responsibility, and that is to `ensure that adequate consideration 
is given to the national interest.' It would be, after listening to 
anyone with a view on the question, including the President if he 
wished to convey a view, to determine independently and to the best of 
his or her ability the responsibility of any board member what the 
national interest was and to make sure the Board gave it adequate 
consideration.

    The Chairman. Thank you very much. Again, I want to add my 
congratulations on this truly outstanding appointment for a 
great American. I am very pleased to know of your record of 
commitment to free trade, your appreciation of the importance 
of open markets both here and abroad, and obviously one of the 
areas that I think will take some more of your time and 
attention, and that is aviation and open skies agreements.
    Both in the case of Britain and in the case of some Asian 
countries, we have not achieved the kinds of agreements that we 
would like to see for the benefit of Americans as well as 
citizens of other countries.
    Would you like to comment on that a little bit?
    Mr. Mineta. Yes. You have, Mr. Chairman, been a leader in 
this whole area and, having chaired the House Subcommittee on 
Aviation for 8 years, have had a very keen interest on issues 
related to aviation. So I am very much committed to the whole 
area of open skies, whether it be as it relates to Europe, 
Africa, Asia, wherever it might be, and I intend to pursue that 
line as the Secretary of Commerce, working in conjunction with 
the Department of Transportation and the USTR.
    The Chairman. I thank you, because I think you are uniquely 
qualified to address what I think is an issue that is going to 
become more and more important. More Americans in history are 
visiting Europe this summer. I think that even more could have 
if the prices had been on the affordable level. Yet, although 
we complain a great deal on this Committee, and I am one of 
them, about the domestic services, when you look at the air 
fares that prevail in Europe and in Asia as compared to the 
United States, it is dramatically different.
    I just have 2 or 3 other questions. The first one relates 
to the ongoing litigation regarding Freedom of Information Act 
requests concerning Department of Commerce trade missions. The 
trade mission litigation represents an unfortunate and I 
believe easily avoidable instance of administrative 
stonewalling. I want to draw your attention, I did when you 
visited my office, to a Washington Post article that I noted 
when you met with me.
    I would request that you commit that in all instances the 
Department be as forthcoming as possible in response to 
Commerce Committee requests for documents, as well as all other 
legal requests of the Department.
    Mr. Mineta. Absolutely, Mr. Chairman. This is an area in 
which Secretary Daley took a very hard view in terms of making 
sure that trade missions were a very transparent and open 
process, and I think he went a long way toward reforming the 
process to make sure that the substance of those trade missions 
really were paramount and that the political nature of those 
were minimized.
    So I want to continue that policy and make sure that it is 
transparent and also to make the information available within 
the prerogatives of protecting privacy or proprietary 
information.
    The Chairman. I thank you, and I share your opinion about 
Secretary Daley's efforts to really make a trade mission what a 
trade mission should be. I do agree that trade missions are 
important. I have no problem with them per se.
    I also request your commitment that if you are confirmed 
you would order any Commerce Department employee to testify 
before the Commerce Committee, if the Committee deems their 
testimony important, to discover the manner in which the 
Commerce Department trade missions were used, both 
appropriately to promote trade and perhaps inappropriately as a 
reward for political contributions.
    Mr. Mineta. Absolutely. Any of that would be all done 
within the prerogatives of what would be provided by law.
    The Chairman. I thank you.
    In a sworn affidavit, a Commerce Department career civil 
servant who had supervisory authority over all Freedom of 
Information Act matters stated the Office of the General 
Counsel staff ``improperly assumed and exercised the final 
authority to approve or disapprove the release of documents 
responsive to FOIA requests submitted by Judicial Watch.'' Many 
times the FOIA staff was not notified what documents had or had 
not been released.
    The employee has further asserted that the General 
Counsel's procedure in this instance ``was and is inconsistent 
with the Commerce Department's written prescribed rules for 
responding to Freedom of Information Act requests.''
    Can you give the Committee these rules? Would you submit to 
the Committee these rules that prevail?
    Mr. Mineta. I would have no problem in doing that, Mr. 
Chairman.
    The Chairman. Thank you.
    Mr. Mineta. All of these things, of course, took place 
quite some time ago, and I believe that the kinds of reforms 
that have been placed or put in place I think will in the 
future avoid similar difficulties.
    The Chairman. I agree. Do you know if these rules allow for 
the intervention or prevent the intervention of White House 
staff in Commerce Department FOIA requests? You may want to 
answer that----
    Mr. Mineta. No, sir, I am not aware of that detail.
    The Chairman. The U.S. district court indicated in its 
December 1998 opinion that sensitive classified information 
concerning national security matters had been removed from the 
Department of Commerce. I would appreciate if you would provide 
the Committee with the procedures now in place to ensure that 
classified documents are not removed from the Department.
    Mr. Mineta. We will do that.
    The Chairman. At about the time of Secretary Daley's 
confirmation hearing before this Committee, significant 
allegations had been raised that the Commerce Department was 
being used by certain individuals for fundraising purposes. 
Then-Commerce Secretary nominee Daley assured me that he would 
not tolerate such conduct. Last week in The Washington Post 
there were reports that the former head of the Commerce 
Department Office of Business Liaison sent fundraising letters 
to trade mission participants.
    I cannot judge the accuracy of these statements. 
Nevertheless, they are disturbing. Therefore, could you tell me 
what safeguards you would propose to ensure that political 
activities do not occur in conjunction with Commerce Department 
trade missions?
    Mr. Mineta. Well, first of all, there would be a total 
separation, so that if there is any kind of political activity 
related to a trade mission that there would be a firewall 
placed between them. Even in assessing who will be a member of 
the trade wall--trade mission, a firewall will be there.
    The other part of it I think, Mr. Chairman, is that in 
reviewing who gets to go on these trade missions, there is a 
panel and the panel as I recall is in the majority made up of 
civil servants. So to the extent that it is not the political 
side that is making the decision, but that there is the very 
strong input from the professional career bureaucrats. Plus on 
top of that, the after-trade mission report again will I think 
make sure that the political aspects of it are minimal, 
minimized, if totally prohibited, and that these people are 
there because of the substantive nature of the trade mission.
    The Chairman. I thank you. Again, you and I are in 
agreement. Trade missions I think are important.
    I am very concerned, as I know you are, about the situation 
in Africa. I am very pleased that we passed legislation which 
may enhance our ability to help the African countries through 
more free and open trade. Yet I see a lack of U.S. investment, 
which is understandable. I see a continued deterioration in 
that very unfortunate continent.
    I wonder if you have thought about ways that perhaps we can 
put more emphasis and perhaps improve the situation in that 
very tragic continent.
    Mr. Mineta. Well, I suppose like a lot of the 
underdeveloped countries, lack of financing is probably the 
core of their ability to do something. Even though, let us say, 
in terms of the region, even if governments got together and 
agreed on a certain project or a certain path to undertake, the 
lack of finances keeps them from pursuing their goals.
    So I would hope that in that instance the Department of 
Commerce would be able to help their dealing with the 
development banks that exist or with the World Bank or other 
kinds of financing mechanisms that are available, including our 
own direct assistance programs, to be able to help. I think 
there are a number of them as they relate to aviation, 
especially as it relates to open skies. I would like to work 
with the Department of Transportation on those efforts.
    The Chairman. Thank you. Senator Inouye.
    Senator Inouye. Mr. Chairman. In the spirit of expediting 
the proceedings, I have no questions for the nominee.
    The Chairman. Senator Rockefeller.
    Senator Rockefeller. Thank you, Mr. Chairman.
    Mr. Mineta, you and I have already discussed the steel 
situation and that obviously is of great importance to 
relatively few States, but in those States it becomes a 
paramount issue. There is a steel report which is due out, I 
believe this week, and the whole question of dumping in this 
world, which has enormous economic consequences, which is not--
as some would say, in support of free trade. But we are moving 
more and more toward a rules-based society. That is what WTO is 
all about. That is what common commercial practice is meant to 
be about.
    So the question of dumping and countervailing duties and 
circumvention, all of these things are tremendously important. 
We have discussed those issues, so I wanted to just mention 
that again.
    Also, you do a lot of very, very important things in the 
Commerce Committee. One of them, which is not very well known 
and which the Administration has not particularly been helpful 
to in this year's budget, is something called EPSCoT 
[Experimental Program to Stimulate Competitive Technology], 
which has to do with technology. It takes areas of the country 
and universities and other areas, entities which are not 
necessarily technologically advanced, but they have a lot to 
offer, and it encourages their technological competitiveness.
    EPSCoT does that, and EPSCoT does that well. I want to 
particularly emphasize both of those programs to you. They were 
started in the eighties. In the nineties they have made a lot 
of difference in my State. They are small, they are easy to 
ignore, easy to forget, but they are significant. So I would 
just put that to you.
    Then in the form of a question, in the range and mania of 
technology across this country it is very easy to talk about 
the digital divide, but then in one's heart not really to, when 
it comes down to voting, to do anything about it. There is a 
feeling on this Committee and other committees throughout the 
Congress that the Internet world must be left alone because 
what they do is what they know best and they know it better 
than we do, therefore we should just stay out of the way.
    Which gets to be a little more difficult when you start 
thinking about local tax bases, school systems, national 
security, other areas. But my concern is the digital divide in 
terms of, as they say, those places that are guaranteed a 
future because not only technology, the Internet, the use of 
the Internet, but broadband, the placement of broadband, will 
be there, as opposed to probably the other 80 percent of the 
land mass of this country, not the population but the land mass 
of this country, which will not have, for example, broadband 
services.
    People who look at the digital divide and choose not to be 
really serious about it often say: Oh, that is just digital 
delay. It is not. It is not. In my State, every week that 
passes where we are at a disadvantage to other places which are 
thriving because of infrastructure and efforts that we do not 
have, both on the part of the public sector and of the private 
sector, are deeply costly ones, ones which cause our 12-, 13-, 
and 14-year-olds to prejudge their future in our State and 
therefore to decide to go elsewhere, which has been the history 
of our State for a variety of industrial revolutions, so to 
speak.
    I am interested in your view on this question of digital 
divide versus digital delay and where you think through TOP, 
the Technology Opportunities Program, and other places that the 
Department of Commerce can be helpful.
    Mr. Mineta. Senator, having represented the Silicon Valley 
area for 21 years, I am very acutely aware of the ability of 
technology to really make a difference in someone's life. I 
think in terms of our own expansion of the economy, technology 
has played a very large role. That is why in my statement I 
really talk about digital inclusion, because I do not want to 
leave areas behind.
    My whole being is about dealing with the issues of the 
underserved and underrepresented. So whether it is in 
technology or whether it be in civil rights or it be in housing 
or any other areas, I am strongly committed to inclusion. So 
when I see technology coming along and yet it may be fine for 
center city, but it may not work in the rural areas, and even 
if it does work in center cities it may not get into the depths 
of the areas where minority and the others are living, it seems 
to me we have a duty to look at those areas and to try and do 
something about it.
    Now, this is, I think, where the public and the private 
sector can really shine in terms of their work effort. So, 
given the resources of the Department and the technology that 
is available there, and with the private sector, it seems to me 
that we can do something about making sure that communities are 
not left behind.
    I remember, and you probably saw, that news article when 
the President was dealing with trying to expand the whole issue 
of Internet capability. He was in Shiprock, New Mexico, I 
believe, the community, and he was honoring a young lady, a 
girl in grade school who had won a computer in a contest, but 
she had no telephone service at home, so she had no way to 
connect up to the Internet. That is one example.
    But it seems to me that you would be in a position to cite 
the kind of leaving behind that there might be, and I want to 
work with you and the others to make sure that we have 
inclusion, because that is really what I am all about.
    Senator Rockefeller. I believe and accept that, Mr. Mineta. 
I just, I cannot stress how important this is and how scary it 
is to me. It is a little bit like Internet access, having a 
computer in your home as opposed to just at the schools when 
that happened in every classroom. It is almost like something 
is being built into your DNA, that you are predestined by the 
currents of the economy to make it or not and there comes to be 
very little that you can do about it, because this is not 
something that an individual can--I mean, sure, somebody from 
southern West Virginia can decide, well, I am going to go to 
Carnegie Mellon University and become a real computer science 
pro. Cisco has Cisco Academies all over the country, all over 
the world, trying to do their best.
    But all of these efforts when added up fall tremendously 
short. So I really understand it when people talk about the 
digital divide as being the next civil rights movement, with 
all of the passions and the dangers and in many ways, since 
much of the civil rights movement was nonviolent based upon 
that philosophy, this will not necessarily be that way, because 
we are not just talking about America here. We are talking 
about the African subcontinent that the chairman was speaking 
about, others across the world who do not have this.
    If they are denied technology and they feel that it is 
built into their DNA, so to speak, that there is no way out for 
them and therefore they are condemned to low wages and a life 
of poverty--and I think this will happen unless intervention is 
made on a massive scale--that they will resort to using the 
very technology that they do not have against those who do have 
it.
    I think this is the whole question of international 
terrorism in a new form, where people are simply angry because 
they have been systemically and predictably left out and can 
see that from a very early age.
    Now, terrorism is not what I am here to talk about. The 
digital divide is. I will pass and simply submit my question on 
spectrum management to you in the interest of time. But there 
is simply no way for me to talk strongly enough about what I 
think the digital divide is in the process of doing to this 
country. I can see it in my own State. I see it in the State of 
New Mexico that you referred to a few moments ago, and many 
other rural areas.
    I see it in broadband where Bell Atlantic, which is our 
phone company, has broadband plans, but they have it for 5 of 
our 55 counties and they are all contiguous and they are where 
all the people are and where all the people of wealth are. But 
the counties like Calhoun County, where you have 26 to 30 
percent unemployment, rural areas, which in a State which is 96 
percent mountainous is obviously preordained, too, they have no 
part. They have no future.
    They are not quite aware of that yet, but I am and you are, 
and it is unfair. The public and the private sector can make a 
difference and has to in my judgment.
    I thank you, Mr. Mineta, and I look forward to supporting 
you.
    The Chairman. We intend to move your nomination as quickly 
as possible. We will make every effort to do it before the 
recess, and I know that the other members of the Committee will 
join in that.
    So I will not make that my closing comment because I see 
our friend Senator Ashcroft here.

               STATEMENT OF HON. JOHN ASHCROFT, 
                   U.S. SENATOR FROM MISSOURI

    Senator Ashcroft. Thank you, Mr. Chairman.
    Mr. Mineta, I want to thank you for appearing before the 
Committee today, and I have appreciated your remarks and 
appreciated your responses and I am grateful to you. I want to 
commend you and thank you for your service to this country in 
the U.S. House of Representatives, but I do not want to be 
unmindful of your commendable service to the country in the 
private sector.
    Too often we think that public service only extends to 
those of us who take the check from the public, and many of you 
in the private sector have made the prosperity possible which 
has made it so pleasant to be in America in recent--well, 
forever, because our system has provided an opportunity base 
for individuals to achieve in accordance with the talent God 
has given them.
    I want to talk to you a little bit about some trade issues. 
In particular, I have been hearing a lot back in my home State 
about the issue of trade enforcement. My goal for U.S. trade 
relationships--and in particular we have been focused on China 
recently--is to ensure that Missouri workers and farmers and 
ranchers and businesses will indeed benefit from trade 
agreements we reach.
    That has been my goal around the globe. That is not just 
focused on China. But of course, our recent discussions on 
China have highlighted the way in which that would play out as 
it relates to the Nation of China. I have talked with a lot of 
Missourians about China's bid to join the WTO and, frankly, 
they are in many respects pleased with the administration's 
negotiation of the November 1999 bilateral agreement on 
everything from manufactured parts, automobiles, agriculture. 
Missourians want to embrace the opportunities that the 
agreement could afford.
    But I would like to go over a couple of issues with you as 
a result of my concern about China's record in living up to 
agreements in the past. Back in April, Secretary Daley 
testified before this Committee and I raised my concerns about 
trade enforcement and rather thoroughly discussed them with 
him. The Secretary told me in response to those concerns he had 
set up in the Department of Commerce a ``China Compliance and 
Enforcement Initiative.''
    Would you mind commenting on the development of this 
initiative in relation to the concerns that I have raised and 
just give me a very brief thumbnail of how you would see that 
continuing in your administration?
    Mr. Mineta. Senator, I do intend to continue what Secretary 
Daley has laid out in terms of that China compliance effort. It 
includes also putting, as I recall, a person in China in terms 
of having someone on site.
    Again, because of the nature of the district that I 
represented, high tech Silicon Valley, I recall in 1995 taking 
a trip with Chairman Hyde as it related to intellectual 
property rights, and one of the big problems really involving 
intellectual property rights, and I think it extends also to 
manufactured goods, is the area of compliance and enforcement.
    So, seeing what is happening in Japan, Korea, China, at 
least as a result of that trip, and knowing what the Department 
is doing, I fully intend to make sure that that unit is an 
effective unit and that it deals with the area of compliance 
and enforcement relating to our trade agreements.
    Senator Ashcroft. Well, Secretary Daley had communicated to 
me in a document that was a fact sheet that outlined the 
staffing and other things. Would it be your view that you would 
likely follow that guideline?
    Mr. Mineta. Yes, sir.
    Senator Ashcroft. Thank you.
    The second issue I want to address is a little broader than 
China and, frankly, I have a China trade enforcement bill 
called the Show-Me Act. But the principles in the bill apply to 
all countries that are members of the WTO. I will be looking 
for ways to raise the issues in my bill in the context of the 
PNTR debate, but if I can get a commitment from the 
administration that you would pursue these principles of 
enforcement in a broader context in the WTO then I think that 
would be more appropriate than simply focusing on China.
    The point is this. It is my belief that the U.S. has lost a 
measure of its leverage or its enforcement capacity in the WTO 
to get actual implementation of cases that we have won in the 
WTO, that we frequently will litigate an offense against the 
United States or its businesses in the context of the dispute 
resolution mechanisms provided for in WTO, we get the decision, 
but the enforcement measures provided for as a result of the 
decision do not really get us compliance.
    So that the decisionmaking process ends up in sort of 
authorizing continued noncompliance upon the payment of a 
certain fee, which is the fine or the penalty. So that in my 
judgment in many respects the WTO has become a way to license 
noncompliance by paying a fee, rather than to enforce 
compliance.
    I think one of the problems that exists here is that the 
standards for leverage or retaliation or response to 
noncompliance once determined in the setting of dispute 
resolution, the standards have changed. I can provide copies of 
these standards, but I am sure you have them already. In 1947 
the standard was that you had response or leverage or 
retaliation ``appropriate in the circumstances to achieve the 
objective,'' the objective being the purpose of the free trade 
or access to the market or to make sure that the agreement was 
enforced. Under the GATT 1947, article 23, paragraph 2, it 
authorizes ``suspension of such concessions or other 
obligations under this agreement as they are determined to be 
appropriate in the circumstances,'' and GATT case law says this 
standard must be liberal enough ``to achieve the objective.''
    Now, in 1994 under the WTO the standard for enforcement was 
changed and it was a standard that was equivalent to the level 
of nullification or impairment. The dispute settlement 
understanding, article 22.4, says that the suspension level 
must be ``equivalent'' to the level of nullification or 
impairment.
    Now, in the U.S.-EU banana case, for example, the 
equivalency test is strictly interpreted. This 1994 change has 
affected our rights--in Europe, $120 million over 10 years to 
try to enforce the beef case we have been trying to enforce, 
and we still do not have access to the European market for 
American beef. The banana retaliation was whittled down by the 
WTO from a $520 million U.S. request down to a $191 million 
situation.
    It seems to me that we need to have robust enforcement for 
these trade agreements or else the trade agreements do not 
really achieve their intended purpose. I noted that in the Far 
East in the not too far distant past we were able to get 
compliance by China in terms of our intellectual property 
demands by having robust threats for enforcement, and you are 
very familiar with their piracy, prevalent piracy at one time, 
of the intellectual property of the folks from your home 
district.
    But we threatened $4.6 billion of retaliation over the last 
5 years to enforce those property rights and, frankly, that has 
worked. But those are sort of 301 leverage threats, which will 
not be available to us under WTO. As we move from non-WTO 
status to WTO status, we give up some of our other capacity to 
determine the levels of our own retaliation.
    So without belaboring the question, I would like to invite 
your ideas about whether you think it might be possible for or 
whether you think it would be wise to pursue a way for these 
trade agreements to be enforced, trade agreements to be 
enforced in ways that are sufficient to get us to a place of 
compliance with the agreement, rather than being enforced at a 
level which provides basically a license that can be purchased 
with a fine that is a basis for noncompliance.
    Mr. Mineta. Well, given the standard and the alternative 
dispute resolution mechanisms that are in WTO, again speaking 
to your point of enforcement, I am not that familiar with what 
all the tools that we have in our kit bag to be able to do 
that. But I would work with you as well as others who are 
interested in this subject matter to really hone my own ideas 
in a more positive way, because I am not really familiar with 
all of the alternative resolution ways to resolve these 
differences. But let me look at that and work with you, because 
to me compliance and enforcement are very, very important.
    Senator Ashcroft. I thank you for that assurance. What I 
was really saying was this, that under the non-WTO framework we 
have been successful in eliciting compliance when we had the 
robust leverage potential of 301.
    Mr. Mineta. We do not have that any longer.
    Senator Ashcroft. And if we give that up going into the 
WTO, which has proved to be, at least as it relates to our 
access to European markets for beef, our access to European 
markets for fresh fruit, that in each of those cases it has 
been notably deficient. I want to, really want to have the 
assurance that the administration cares about the deficiency, 
recognizes it, and would be eager to work toward improving our 
ability not just to have some enforcement, which results more 
in just the perpetuation of the noncompliance, but to have a 
kind of enforcement that will get us to the place where the 
agreements we negotiated will be the terms and conditions under 
which we live.
    Mr. Mineta. I can give you that assurance, Senator.
    Senator Ashcroft. Mr. Chairman, I thank you for giving me 
the opportunity.
    The Chairman. Thank you, Senator Ashcroft. Senator Cleland.

                STATEMENT OF HON. MAX CLELAND, 
                   U.S. SENATOR FROM GEORGIA

    Senator Cleland. Thank you very much, Mr. Chairman.
    It is an honor to be with such a distinguished citizen 
today in our country. We appreciate your continuation in public 
service and your willingness to, as Shakespeare said, take the 
slings and arrows of outrageous fortune. We are glad to be with 
you today.
    Let me just say, being on the Commerce Committee here and 
seeing the transition from just commerce to e-commerce, I know 
the FTC gets involved and the FCC gets involved in e-commerce. 
What do you see as the role of maybe the Commerce Department in 
the near future in terms of e-commerce? Are there some rules of 
the road that have applied to commerce in general, especially 
interstate commerce, for the last say 100 years or so that we 
might want to consider as we look at e-commerce, or is this 
such a new baby that we better take hands off until we see how 
things progress?
    What is your reaction to this whole dramatic growth of e-
commerce?
    Mr. Mineta. Well, I think that, Senator Cleland, that the 
whole issue of e-commerce is really business as we have always 
seen it, but now being done in terms of a different vehicle, I 
guess you might call it. In the past, I suppose there was a 
threat to the local merchant when the U.S. Postal System 
started having parcel post delivery, and whether or not that 
merchant felt threatened by their home town citizen writing to 
someplace else to get a package.
    Well, essentially the means today are different. It is 
electronic. So because of that, because of the speed and the 
volume that is obviously going to be there, whether it be 
business to individuals or business to business or business to 
government or government to government, what we have to make 
sure, I think, is accessibility. We also have to make sure that 
there is recourse or some redress to people who feel 
shortchanged in terms of the product they bought, what they 
were anticipating buying and the product they in fact received. 
There has to be some redress there to make sure that those 
customers are going to have some way to resolve that problem.
    This is an area I think in which the marketplace is able 
and has functioned in a good way, a positive way. But I think 
what happens is that government can provide the backstop so 
that we become the safety net where the businesses are not 
responding to resolve those conflicts. I think in those 
instances we have seen, whether it be the National Governors 
Association or others trying to, or a Federal commission, a 
Congressionally mandated commission, taking a look at e-
commerce in its broadest perspective to see what it is that has 
to be done, whether the controversy be sales tax or whatever it 
is, and be able to let the marketplace, I think, to a very 
great degree determine where we are, and that we serve as a 
backstop in being the safety net for the consumers.
    Senator Cleland. Do you think--well, there are two issues 
that this Committee is struggling with. One is the whole issue 
of privacy and the other is taxation of the Internet and e-
commerce. Ultimately, do you see that maybe government might 
have some kind of backstop role, some kind of fundamental role 
here in maybe guaranteeing privacy or working out some 
accommodation vis a vis the Internet taxation?
    Mr. Mineta. Well, first of all, on the privacy issue there 
is no question, whether it be let us say credit card 
information or even getting into other things, medical 
information, how do we protect the privacy of a person's 
medical, the prescriptions I take? Yet from a telemedicine 
perspective, if I am injured in an accident--obviously the 
Georgia roads are too safe. I would not have an accident in 
Georgia. But wherever I might have an accident, I would want 
that attending physician to be able to have my records here 
from this area, my doctor.
    So we want to be able to expand the utilization and yet 
protect the privacy. I think that is where government does 
exercise a great deal of--can exercise a great deal of effort 
and control.
    On the taxation issue, the administration is in opposition 
to any taxation on access to the Internet for sales that are 
generated through the Internet. I think that is again something 
that is going to have to be resolved more by the States. The 
State laws vary and until there is a meeting of the mind there 
at the State level I do not believe that as a Federal 
perspective we ought to jump into that area right now.
    Senator Cleland. Well, thank you very much. Those are 
vexing issues, challenging issues for us all. We will be 
certainly looking to you for your guidance and your continued 
leadership on these and other issues. I just want to thank you 
again for your willingness to serve and I look forward to 
working with you. You certainly have my support in your 
confirmation and I am proud to see the President nominate you.
    Thank you very much, Mr. Chairman.
    Mr. Mineta. I appreciate that very much, Senator. Thank 
you.
    The Chairman. I was reading from an editorial where you 
said your proudest moment was the 1988 Civil Rights Act, which 
at least caused the government to apologize for what happened 
to Japanese Americans in World War Two. Is that true?
    Mr. Mineta. It was a very proud moment, Senator. 
Especially, it was the 17th of September 1988, the two 
hundredth anniversary of the--1987, rather, when we took up the 
bill in the House, which was the two hundredth anniversary of 
the signing of the Constitution. So to have that legislation on 
the two hundredth anniversary of the signing of the 
Constitution I thought was very, very important and had a great 
deal of meaning to me.
    The Chairman. Well, we are all very proud of you for making 
it happen. We look forward--I know I speak for Senator Hollings 
and I believe the entire Committee. We look forward to 
attending your swearing-in ceremony if you will invite us.
    Mr. Mineta. Absolutely, absolutely.
    [Laughter.]
    The Chairman. This hearing is adjourned.
    [Whereupon, at 10:49 a.m., the Committee was adjourned.]

                            A P P E N D I X

      Response to Written Questions Submitted by Hon. John McCain 
                          to Norman Y. Mineta

Question 1. My question relates to the ongoing litigation regarding 
Freedom of Information Act requests concerning Department of Commerce 
trade missions. About one year into Secretary Daley's tenure at 
Commerce, the Department reportedly held an awards program for its 
employees, at which several of the employees who were responsible for 
the Commerce Department's response to the Freedom of Information Act 
requests were honored. The presiding judge in the related litigation 
characterized himself as incredulous given that the ``. . . DOC's 
document search . . . by all indications was ridden with conduct that 
was grossly careless at best and in blatant violation of the law at 
worst.'' Do you find this report as troubling as I do?
    Answer. I have learned that it was under Secretary Daley's tenure 
that the Department of Commerce acknowledged that its Freedom of 
Information Act search regarding trade missions was faulty and that it 
turned a second search over to the supervision of the Department's 
Inspector General. I also understand that the non-monetary award to 
which you refer was given in recognition of the long hours spent by 
employees responding to numerous requests for information from Congress 
and other sources. As I said at my hearing today, I will do everything 
to fully respond to requests for any documents from your Committee and 
to fulfill all FOIA obligations.

Question 2. As you are probably well aware, I believe that earmarking 
federal funds is wrong because it gives special benefits to certain 
groups of individuals when others may be more in need or better 
qualified in the case of research or a similar project. I strongly 
believe that the expenditure of federal money should be made solely on 
the basis of national priorities determined in an open fashion based on 
a standard set of criteria that provide no undue advantage to any one 
entity or locality. Will you pledge to work to ensure that federal 
funds are distributed on a merit basis and not due to earmarks? If so, 
does that pledge include ``congressional priorities'' that are itemized 
in committee report language? If not, please state why.
    Answer. I agree with you that the expenditures of federal money 
should be based on national priorities. If I am confirmed, my goal will 
be to provide the best government and services possible. I will ensure 
that grants and contracts are awarded using fair and open procedures.

Question 3. This session of Congress has been unusually successful in 
approving trade legislation. Both the African Growth and Opportunity 
Act and the CBI Parity legislation passed this year. A bill granting 
Permanent Normal Trade Relations with China passed in the House, and we 
look forward to approving it in the Senate soon. However, as my 
colleague from South Carolina points out, the trade deficit still 
remains a problem.

    As Secretary of Commerce, what do you intend to do to gain greater 
market share for U.S. exports in other countries?
    Answer. If confirmed, I plan to continue the Department of 
Commerce's vigorous efforts to increase market share for U.S. exports 
by focusing on negotiating market-opening agreements around the world, 
resolving existing trade disputes, enforcing compliance with current 
trade agreements, advocating for U.S. projects and companies abroad, 
and providing the services exporters need to sell their products 
overseas. I plan to make a particular effort to take advantage of new 
technologies to make it easier for U.S. businesses to export. I want to 
make sure the Department of Commerce is also working to increase trade 
through technology by promoting the expansion of e-commerce exports. I 
will place particular emphasis on implementing the Africa/CBI 
legislation and on finding new ways to promote trade and investment 
between Africa and the United States. I also would hope that the Senate 
will move forward as quickly as possible on granting permanent normal 
trade relations for China.

    Is there any legislation that you would suggest Congress approve to 
help you?
    Answer. I am committed to the five-point China compliance plan 
announced by Secretary Daley in early May. I would hope that Congress 
will approve the President's request for a $22 million trade compliance 
initiative, which will greatly enhance the Administration's worldwide 
compliance efforts, including with respect to China.

Question 4. Currently, the United States has free trade agreements with 
Canada, Mexico, and Israel, it is in negotiations to set up free trade 
agreements with Jordan and Latin and South America, and Congress has 
passed legislation authorizing free trade agreement negotiations with 
Africa.

    Where do you foresee opportunities for embarking on future 
negotiations for free trade agreements?
    Answer. In general, I support free trade agreements as long as they 
expand trade rather than distort trade, and as long as they provide 
benefits for American industries, workers, and consumers. They must 
also provide adequate safeguards against unfair trade practices. It is 
also critically important to pursue multilateral trade liberalization 
through the WTO. Chile has instituted enough economic reform and market 
liberalization to warrant serious consideration for a free trade 
agreement. I also fully support the Administration's efforts to 
complete the Free Trade Area of the Americas by 2005.

    Would you support beginning free trade negotiations with Asian 
countries?
    Answer. I firmly believe in free and fair trade and would support 
free trade agreements in accordance with the principles cited above. I 
understand that there has been some preliminary consideration of a free 
trade agreement among the United States, Chile, New Zealand, Australia, 
and Singapore. Because the economies of each of these countries is 
open, I believe that a potential free trade agreement among them is 
worthy of further exploration.

Question 5. The Department of Commerce plays a major role in 
administering American anti-dumping laws. These laws have become very 
controversial as some U.S. domestic producers complain that foreign 
dumping in the new globalized economy is driving them out of business, 
while American exporters allege that other countries will use U.S. 
anti-dumping laws as an excuse not to open foreign markets.

    Are foreign countries using U.S. anti-dumping laws as an excuse for 
not lowering their trade barriers?
    Do you believe that the United States would be more successful at 
lowering foreign trade barriers if it agreed to discuss its anti-
dumping laws as part of World Trade Organization negotiations?
    Answer. While some of our trading partners would like the United 
States to weaken its dumping laws in exchange for liberalizing certain 
sectors of their economies, I do not believe that this tactic would 
ultimately lead to greater market access abroad. This is because 
weakening our trade laws would weaken the consensus among the American 
people for free trade and open markets. Without this consensus for free 
trade, we will not be able to negotiate further lowering of foreign 
trade barriers. The U.S. market is already much more open than those of 
the overwhelming majority of our trading partners. Until the markets of 
our trading partners approach the level of openness that we have, we 
must maintain the strength of the dumping laws to ensure free and fair 
trade.

    It has been alleged that American consumers are hurt by anti-
dumping laws that help only a small percentage of domestic producers.
    Has the Department of Commerce done any studies concerning these 
allegations?
    Answer. The Department of Commerce has not done any studies on this 
topic.

    Is there any validity to these claims?
    Answer. I do not believe that these claims have much validity. 
Antidumping duties affect less than one half of one percent of total 
U.S. imports. The United States has the most open market in the world. 
The overwhelming majority of our imports enter at extremely low rates 
of duty. The openness of our economy is one of the reasons for the 
unprecedented economic growth and prosperity that we are experiencing. 
I am firmly committed to maintaining our open markets. But it must be 
on fair terms. The dumping law is an essential tool to counteract the 
effects of foreign closed markets, subsidies, and government 
intervention in the marketplace that enable foreign firms to undercut 
our firms and put American workers at a severe disadvantage.

Question 6. A major issue concerning the Department of Commerce 
concerns export controls. A number of major U.S. companies, including 
Lockheed Martin, have been charged with transferring sensitive U.S. 
technology to China as part of their satellite launch programs. 
Legislation has been introduced in Congress to prevent the spread of 
U.S. technology abroad, including renewal of the Export Administration 
Act and legislation to shift satellite export licenses back to the 
State Department from the Department of Commerce. A June 1999 
Department of Commerce Inspector General's report stated that the 
``intelligence community does not review all dual-use export 
applications or always conduct a comprehensive analysis of export 
license applications it does review.''

    As Secretary of Commerce, what will you do to ensure that the 
Departments of State and Defense, and the intelligence communities 
conduct comprehensive reviews of dual-use export applications?
    Answer. Ensuring that our nation's security is protected in an 
increasingly global economy is of paramount importance and I believe 
that the current process as established in the Executive Order of 
December 1995 which allows for unlimited right of review by State and 
Defense is working effectively. With respect to the intelligence 
community, the Executive Order provides the opportunity for its regular 
input on cases of concern to them, and it permits Commerce and the 
other referral agencies to seek advice as they deem necessary. If 
confirmed, I can assure you of my intention to support the process put 
in place by the Executive Order and to continue Bureau of Export 
Administration's (BXA) efforts to work constructively with the 
intelligence community.

Question 7. One major piece of legislation that was introduced to solve 
recent export control problems is S. 1712, the Export Administration 
Act. I had a number of problems with this legislation. One of my major 
concerns involved Section 202, which directs the Secretary of Commerce 
to develop a National Security Control List (NCSL) for dual-use 
commodity exports. The NCSL contained those items which are controlled 
for national security, and was to be determined with the 
``concurrence'' of the Secretary of Defense. In addition, Section 211 
allowed the Secretary of Commerce to delist any item which is 
controlled by the act if he determines that such item ``[h]as a foreign 
availability or mass market status,'' after consultation with the 
Secretary of Defense.

    As Secretary of Commerce, how would you interpret the use of the 
words ``concurrence'' and ``consult?''
    More specifically, would you allow the Secretary of Defense to veto 
listing items on the National Security Control List or the delisting of 
items based on ``foreign availability'' or ``mass market status?''
    Answer. I understand that the Administration has not taken a 
position on this legislation. Under current practice and regulation, 
Commerce would not add or remove an item from the control list without 
the approval of the other appropriate agencies, including Defense. In 
addition, Commerce makes foreign availability decisions pursuant to an 
interagency process that strives for consensus. If confirmed, I would 
support the continuation of a process that allows for such concurrence, 
and I would be happy to work with others in the Administration to 
provide you comments on this legislation.

Question 8. Recent newspaper articles, such as a Monday, July 17, 
report in The Washington Times, describe a Department of Commerce 
``deemed export'' program which is alleged to allow 252 citizens of the 
PRC to work on ``dual-use'' technology at 27 U.S. firms, including 
Texas Instruments, Intel, Sun Microsystems Inc., Raytheon Co., Hughes 
Electronics, and Cisco Systems. The articles include allegations that 
the Department of Commerce oversight of the programs is lax, because it 
is difficult to verify a Chinese technician's resume.

    What steps do you plan on taking to work with the pertinent other 
U.S. agencies to ensure the participants in this program are not 
transferring sensitive U.S. technology back to China?
    Answer. As I understand it, the Department, together with other 
agencies, most notably the Departments of Defense, Energy, and State, 
closely scrutinizes all ``deemed export'' applications, following 
procedures defined by Executive Order. A ``deemed export'' license is 
not a license to take anything out of the United States, but is instead 
an authorization for foreign nationals to use advanced technologies in 
commercial work in this country. The license explicitly prohibits them 
from exporting that controlled information. If confirmed, I will 
continue the Department's efforts to coordinate these license reviews 
closely with other agencies, and I will continue BXA's visa review 
program, which involves reviewing information contained in selected 
visa applications from China and other countries of interest in order 
to detect and prevent possible export control violations.

    Do you have an end-use verification system in place to make sure 
that these technicians do not go back to China to work for the Chinese 
military or a firm or university affiliated with the PLA?
    Answer. With respect to end-use verification, it is my 
understanding that the Department has a rigorous up-front screening 
process to ensure that no ``deemed export'' license is approved where 
there is a risk that the Chinese national will return to China to 
engage in military-related activity. The Department does conduct 
follow-up on these and all approved licenses. It, together with the 
Customs Service, the FBI, and the U.S. Immigration and Naturalization 
Service, has police powers and active programs to ensure compliance 
with export licenses, including ``deemed export'' licenses. I certainly 
intend to support and encourage vigorous follow-up of deemed export 
licenses--especially where the individual has not become a permanent 
resident or U.S. citizen by the time the license expires--by Commerce's 
enforcement unit in cooperation with other agencies with appropriate 
authorities.

Question 9. In a June 1999 report and a March 2000 follow-up report, 
the Department of Commerce Inspector General's office recommended that 
the Bureau of Export Administration ``be more proactive in getting the 
word out to high technology companies and industry associations it 
feels are most likely to need deemed export licenses.'' According to 
the March report, BXA argues that it does not have ``sufficient 
resources'' to conduct visits to noncompliant American companies.

    What do you intend to do to ensure that American companies are 
following the law to protect sensitive U.S. technology?
    Answer. It is my understanding that BXA takes a number of steps to 
ensure compliance with the Export Administration Regulations (EAR), 
including on-site visits to companies believed to be in noncompliance. 
BXA did inform the Department's Inspector General that resource 
constraints prevented it from conducting visits to all entities that 
may be noncompliant. BXA also conducts extensive outreach to the 
public, including companies and trade associations. I understand BXA 
currently has 33 outreach seminars scheduled between now and September, 
as well as its two annual conferences. If confirmed, I intend to 
continue BXA's outreach efforts as well as the critical on-site visits 
to ensure compliance with regulations to protect vital U.S. technology.

Question 10. The Commerce Department released a report on advanced 
telecommunications in rural America this past April. The report 
suggests that rural areas and small markets where population density is 
just high enough for cable modem or DSL technology to work will 
eventually receive access.

    How long do you feel we can wait for ``eventually'' to arrive in 
seeking to close the digital divide?
    Answer. Commerce's report, entitled Advanced Telecommunications in 
Rural America, found that cable modem and DSL technologies are deployed 
in large metropolitan areas and, increasingly, in mid-sized and smaller 
cities and towns. Remote rural areas, however, are unlikely to be 
served by either of these technologies because of the high cost and 
various technical limitations. I do not believe that we can let these 
remote rural regions remain on the wrong side of the broadband divide. 
If confirmed, I plan to work with the Congress and the Federal 
Communications Commission (FCC) to ensure that residents in rural areas 
have access to advanced services.

Question 11. This same report recommended revisions to the universal 
service program to ensure that advanced services are deployed to rural 
America. Do you believe that in order to ensure that all Americans have 
access to broadband technology we must subsidize broadband deployment, 
or do you believe a competitive market-based approach can accomplish 
this task?
    Answer. I believe that competition will bring advanced services to 
most Americans. In order to ensure that all Americans have access to 
broadband services, however, the Telecommunications Act of 1996 
recognizes that the FCC may have to adjust its policies. Specifically, 
the Act requires that the FCC base policies of universal service on the 
principle that consumers in rural areas should have access to advanced 
services that are reasonably comparable to services in urban areas, and 
that there should be specific, predictable and sufficient support 
mechanisms to advance universal service. If confirmed, I look forward 
to working with Congress and the FCC to develop policies to accomplish 
these goals.

Question 12. Several bills have been introduced in this Congress that 
seek to facilitate broadband deployment nationwide by leveling the 
regulatory playing field between cable companies and regional Bell 
operating companies. Specifically, these bills would deregulate Bell 
data services to more closely resemble the largely unregulated 
environment in which cable modem deployment is taking place. Do you 
believe regulatory parity and the anticipated increased competition for 
broadband subscribers will facilitate broadband deployment to rural 
areas?
    Answer. Competition is the best way to stimulate broadband 
deployment. Congress determined in 1996 that the best way to foster 
competition would be to require the Bell operating companies to open 
their local monopolies to competitive entry before regulatory 
limitations are removed. Based on the Act's requirements, a new group 
of firms is now marketing broadband services to residential and 
business customers across the country, and cable firms have entered the 
market. This new competition has spurred local companies to begin 
offering their own broadband services and they have become vigorous 
competitors. Broadband deployment is accelerating across the country. 
However, as the Department's report, Advanced Telecommunications in 
Rural America, has shown, broadband deployment in rural areas lags 
behind that in urban areas. The Administration is committed to ensuring 
that all Americans have access to advanced services and has proposed a 
series of initiatives to foster that goal. I will do all I can to make 
sure that no one is denied access to advanced services because of where 
they live.

Question 13. As new wireless telecommunications services become 
available and spectrum becomes more scarce, increasing pressure is 
placed on the federal government to share or turn over more of the 
spectrum it uses to the private sector for commercial use. What do you 
see as the proper role of the NTIA, the manager of federal spectrum, as 
commercial demands increase?
    Answer. NTIA serves as the radio frequency spectrum manager for 
Federal agencies to satisfy their critical missions such as national 
defense, law enforcement, emergency management, air traffic control and 
other public safety services. NTIA's role includes ensuring that there 
is sufficient spectrum available for the Federal agencies to operate 
their radio communications in the most efficient and cost-effective 
manner for the U.S. taxpayers. I believe that NTIA's job is to work 
with the Federal agencies and the FCC to constantly study and re-
evaluate the use of the radio spectrum by the government and the 
private sector to make sure that this public resource is managed in a 
way that meets both critical governmental needs and the burgeoning 
commercial marketplace.

Question 14. Currently, NTIA's Public Telecommunications Facilities 
Program is being used to assist public broadcasters' transition to 
digital television, a project that can only be achieved with a $1 
billion price tag according to the Administration and public 
broadcasters. Last week at our CPB nomination hearing, Senator 
Rockefeller indicated that viewership was in the low single digits. 
Given the explosion in new sources of data and content available to the 
public through the Internet and multichannel video marketplace, and the 
public's apparent lack of interest in the programming offered through 
public broadcasting, do you believe the tax payers should be asked to 
give public broadcasters $1 billion for DTV?
    Answer. I strongly support public broadcasting as the means through 
which millions of Americans receive free, over-the-air, high quality 
broadcast programming, including educational and children's 
programming. I feel that it is very important that, as the broadcasting 
community makes its transition to digital technology, public 
broadcasters and their viewing and listening public are not left 
behind.

Question 15. How can the Department of Commerce address the technology 
transfer functions performed by the National Technical Information 
Service if the Department's position is to terminate it?
    Answer. The Department's position on the National Technical 
Information Service (NTIS) is that the private sector can perform many 
of NTIS's functions more efficiently. The Government Accounting Office, 
in a recent report, supports the Department's position that, as 
currently structured, NTIS is not viable. The Department believes that 
the core functions, such as maintaining scientific and technical 
materials, should be transferred to the Library of Congress. For new 
information, the Department proposes that government agencies be 
required to keep the information on their web sites for three years and 
send a copy of the information to the Library of Congress for archival 
purposes. In these ways, the technology transfer functions will be 
maintained.

Question 16. With the focus of the government's research and 
development investment focusing more on economic development, how would 
you promote the commercialization of these research and development 
results within the government and the industry?
    Answer. If confirmed as Secretary of Commerce, I plan on working 
with private industry and our laboratories to encourage federal-private 
partnerships. It is important to have agencies regularly review their 
technical advances and to find ways to help businesses become aware of 
the capabilities of federal laboratories. If confirmed, I also plan to 
seek ways to increase the cooperation among the various bureaus focused 
on innovation and economic development.

Question 17. Congress recently created the Office of Space 
Commercialization within the Department of Commerce. What are your 
plans to highlight the importance of space-based assets as part of the 
national economic infrastructure?
    Answer. In the recent past, the Office has continued to focus on 
its role as the principal coordinating unit within the Commerce 
Department for space-related policy matters. It has been deeply 
involved in ongoing interagency and international policy deliberations 
concerning the future of satellite remote sensing, satellite 
navigation, space transportation infrastructure, and trade in 
commercial launch services. In addition to these policy activities, one 
of the primary missions of the Office is the collection and 
dissemination of information on the space market. This important 
activity highlights the significance of the commercial space market in 
our economy, and encourages investment in this sector. If confirmed, I 
will support the objectives of this program. I point out that, as 
indicated in my answers to the Commerce Committee Confirmation 
Questionnaire, I will confer with counsel to ensure that there is no 
conflict of interest before engaging in any decisions affecting space 
commercialization.

Question 18. The Advanced Technology Program continues to garner a 
tremendous amount of support and criticism from Capitol Hill. Many, 
including myself, believe that the program does not consistently award 
high-risk research and development proposals that the private sector is 
unwilling to undertake.

    Considering our unprecedented national economic prosperity, do you 
believe that the Advanced Technology Program has outlived its original 
utility?
    Furthermore, should the program be restructured to better meet the 
needs of individual states who are eager, yet unable to sufficiently 
fund high-risk research and development projects?
    Answer. The ATP has not outlived its original utility. The ATP 
fills a critical technology gap between research and product 
development that is vital to U.S. economic growth. Industry surveys 
show that international competition and short technology and product 
life cycles have pushed U.S. firms to invest their R&D dollars on 
shorter-term, lower-risk technologies. Individual firms acting in their 
own immediate interests tend not to invest in enabling technologies 
from which many firms and consumers may benefit. This dynamic is 
equally true in periods of high economic growth as well as during 
periods of low economic growth. And finally, I would be very concerned 
if there are deserving applicants anywhere who are not being funded and 
look forward to working with you, if confirmed, to address any such 
problems that may be identified.

Question 19. Someone has contacted the Committee to allege that you 
used your influence as a former Congressman to win contracts for 
Lockheed-Martin during your time as a Vice President for that firm. For 
example, it was alleged that you met with Federal Aviation 
Administration Administrator Jane Garvey for several hours concerning 
the NISC II contract just days before the contract was scheduled for 
selection in order to secure the contract for Lockheed-Martin, in 
violation of the Procurement Integrity Act and other federal statutes. 
I cannot judge the veracity of these allegations. Could you please 
respond to the allegations that your actions were unlawful, 
specifically those in connection with your role in Lockheed Martin's 
proposal for the FAA's NISC II contract?
    Answer. I have never attempted to influence any decision of the FAA 
Administrator regarding any Lockheed Martin proposal or contract.

                                 ______
                                 
 Response to Written Question Submitted by Hon. John D. Rockefeller IV
                          to Norman Y. Mineta

Question. We are in the middle of a spectrum crunch. New technologies 
are demanding more and more spectrum. Critical current users like the 
FAA and the Department of Defense feel their spectrum is at risk. 
International spectrum coordination is becoming harder and harder. We 
have to make sure that we manage the spectrum more efficiently so we do 
not choke off new technologies or threaten aviation or satellite 
communications. The Commerce Department should take the lead in the 
effort to create a strategic spectrum plan. What will you do to meet 
this need?
    Answer. As I said in my response to Senator McCain's question 
regarding spectrum management, I believe that we should work with other 
Federal agencies and the FCC to constantly study and re-evaluate the 
use of the radio spectrum by the government and private sector to make 
sure that this public resource is managed in a way that meets both 
critical government needs and the burgeoning commercial marketplace. I 
would work through the National Telecommunications Information Agency 
(NTIA) to accomplish this objective, if I am confirmed.

                                 ______
                                 
      Response to Written Question Submitted by Hon. John Ashcroft
                          to Norman Y. Mineta

Question. As we discussed in both my office, and in your confirmation 
hearing, I am extremely concerned that the permissible level of 
retaliation under the WTO is insufficient to guarantee the United 
States that other nations will comply with their international 
obligations. In your positions, will you work, and urge the 
Administration to work, toward gaining flexibility for the United 
States on its level of retaliation after it wins a WTO case?
    Answer. As we have recently discussed, I share your concerns about 
enforcement of dispute resolution cases under the WTO and the available 
means of retaliation. If confirmed, I will make one of my top 
priorities enforcement of our trade laws and compliance with our trade 
agreements, particularly the WTO. Our goal must be to ensure that panel 
decisions are faithfully implemented. Let me assure you that I will 
work closely with you and members of the Administration to find 
effective means of retaliation when decisions are not properly 
implemented.

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