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JONES, BAUM, AND HADDON NOMINATIONS

HEARING

BEFORE THE

COMMITTEE ON COMMERCE

UNITED STATES SENATE

EIGHTY-NINTH CONGRESS

SECOND SESSION

ON

NOMINATIONS OF

MARY GARDINER JONES, FEDERAL TRADE COMMISSIONER

DR. WERNER A. BAUM, DEPUTY ADMINISTRATOR OF TIM

ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION

DR. WILLIAM HADDON, JR., TRAFFIC SAFETY

ADMINISTRATOR

OCTOBER 13, 1966

Serial No. 89-85

Printed for the use of the Committee on Commerce

Li S GOVERNMENT PRINTING OFFICE

72-913 WASHINGTON : 1967

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COMMITTEE ON COMMERCE

WARREN G. MAGNUSON, Washington, Chairman

JOHN 0. PASTORE, Rhode Island

A. S. MIKE MONRONEY, Oklahoma

FRANK J. LAUSCHE, Ohio

E. L. BARTLETT, Alaska

VANCE HARTKE, Indiana

PHILIP A. HART, Michigan

HOWARD W. CANNON, Nevada

DANIEL B. BREWSTER, Maryland

MAURINE B. NEUBERGER, Oregon

ROSS BASS, Tennessee

RUSSELL B. LONG, Louisiana

GERALD B. GRINSTEIN, Chief Counsel

EDWARD JARRETT, Chief Clerk

JEREMIAH J. KENNEY, Jr., Assistant Chief Counsel

RALPH W. HORTON, Assistant Chief Clerk

DONALD W. BRODIE, Staff Counsel

II

NORRIS COTTON, New Hampshire

THRUSTON B. MORTON, Kentucky

HUGH SCOTT, Pennsylvania

WINSTON L. PROUTY, Vermont

JAMES B. PEARSON, Kansas

PETER H. DOMINICK, Colorado
CONTENTS

Mary Gardiner Jones to the Federal Trade Commission: Page

Biographical sketch 3

Statement of Jones, Mary Gardiner 3

Letter from Javits, Hon. Jacob K., U.S. Senator from New York_ _ _ _ 2

Letter from Kennedy, Hon. Robert F., U.S. Senator from New York_ 2

Dr. Werner A. Baum to be Deputy Administrator of the Environmental

Science Services Administration, Department of Commerce:

Biographical sketch 5

Statement of Baum, Dr. Werner A 7

Letter from Javits, Hon. Jacob K., U.S. Senator from New York__ 2

Letter from Kennedy, Hon. Robert F., U.S. Senator from New York.. 2

Dr. William Haddon, Jr., to be Traffic Safety Administrator, Department

of Commerce:

Biographical sketch 10

Statement of Haddon, Dr. William, Jr 11

Letter from Javits, Hon. Jacob K., U.S. Senator from New York__ 1

Letter from Kennedy, Hon. Robert F., U.S. Senator from New York_ 2

III
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JONES, BAUM AND HADDON NOMINATIONS

THURSDAY, OCTOBER 13, 1966

U.S. SENATE,

COMMITTEE ON COMMERCE,

Washington, D.C.

The committee met at 9:30 a.m. in room 5110, New Senate Office

Building, the Honorable Warren G. Magnuson, chairman of the

committee, presiding.

The CHAIRMAN. The committee will come to order.

This morning the committee will hold hearings on three important

nominations. The first is Mary Gardiner Jones who is nominated

to be a Federal Trade Commissioner for a term Of 7 years from September 26, 1966. Miss Jones, the first woman Trade Commissioner

in over 50 years, came before this committee last year to fill an

unexpired term.

The second nomination is Dr. Werner A. Baum, who is nominated

to replace Admiral Karo as Deputy Administrator of the Environmental Science Services Administration.

Dr. William Haddon, Jr., is nominated to be Traffic Safety Administrator, a new position created by the National Traffic and

Motor Vehicle Safety Act which this committee also handled.

I don't know how this happened, but by coincidence all of these

distinguished people come from the State of New York.

Senator Javits said he would try to be here this morning. Senator

Kennedy called me and said that he was necessarily detained in New

York, but he has submitted letters for the record endorsing the

nominees. Senator Javits is also endorsing the nominees. We will

put the letters in the record at this time in full.

(The letters follow:)

Hon. WARREN G. MAGNUSON,

Chairman, Committee on Commerce,

U.S. Senate, Washington, D.C.

DEAR MR. CHAIRMAN: In response to your letter of September 20 regarding

the nomination of William Haddon, Jr. of New York, to be Traffic Safety Administrator, Department of Commerce, I wish to inform you that I have approved

this nomination. Mr. Haddon has an extensive background in this field and

is superbly qualified for this position.

With best wishes,

Sincerely,

Staff counsel assigned to this hearing: Donald W. Brodie.

SEPTEMBER 26, 1966.

JACOB K. JAVITS, U.S. Senator.
2 JONES, BAUM, AND HADDON NOMINATIONS

OCTOBER 4, 1966.

Hon. WARREN G. MAGNUSON,

Chairman, Committee on Commerce,

U.S. Senate,

Washington, D.C.

DEAR SENATOR: I wish to advise that I approve of the nomination of Mary

Gardiner Jones to be a Federal Trade Commissioner, and the nominations of

William Haddon, Jr., to be Traffic Safety Administrator, and Werner Baum, to be

Deputy Administrator, ESSA.

With warm regards,

Sincerely,

JACOB K. JAVITS, U.S. Senator.

OCTOBER 12, 1966.

Hon. WARREN G. MAGNUSON,

Chairman, Committee on Commerce,

U.S. Senate, Washington, D.C.

DEAR MR. CHAIRMAN: I am pleased to endorse the nomination of Dr. William

Haddon, Jr. of New York as Traffic Safety Administrator of the Department

of Commerce.

Dr. Haddon is a nationally recognized expert in the field of public health and

in traffic safety problems in particular. He has demonstrated his personal

integrity and initiative in the positions of public responsibility that he has held.

I believe that Dr. Haddon is well qualified to serve as the first Administrator

of the National Highway Safety Agency and urge that his nomination be considered favorably.

I would appreciate it if this endorsement could be made a part of the record

of Dr. Haddon's nomination.

Sincerely,

ROBERT F. KENNEDY.

OCTOBER 12, 1966.

Hon. WARREN G. MAGNUSON,

Chairman, Committee on Commerce,

U.S. Senate, Washington, D.C.

DEAR MR. CHAIRMAN: I am happy to endorse the renomination of Mary

Gardiner Jones of New York as a member of the Federal Trade Commission.

Miss Jones has been building a record of achievement with the Trade Commission that matches her distinguished career with the Justice Department and in

the practice of law. Her performance as Trade Commissioner certainly merits

her reappointment.

I would appreciate it if this letter would be made a part of the record of the

hearings on Miss Jones' renomination.

Sincerely,

ROBERT F. KENNEDY.

OCTOBER 12, 1966.

Hon. WARREN G. MAGNUSON,

Chairman, Committee on Commerce,

U.S. Senate, Washington, D. C.

DEAR MR. CHAIRMAN: I am glad to endorse the nomination of Dr. Werner A.

Baum, of New York, as Deputy Administrator of the Environmental Science

Services Administration of the Department of Commerce.

Dr. Baum has had a distinguished career in the atmospheric sciences and in

research.

I urge that Dr. Baum's nomination be considered favorably.

I would appreciate it if this letter could be made a part of the record of the

hearing on Dr. Baum's nomination.

Sincerely,

ROBERT F. KENNEDY.

The CHAIRMAN. Mary Jones will be the first witness. Will you

come forward, please?

We have your biographical sketch. We will place that in the record

in full.
9

JONES, BAUM, AND HADDON NOMINATIONS

(Biographical sketch of Mary Gardiner Jones follows:)

BIOGRAPHICAL SKETCH OF MARY GARDINER JONES

Mary Gardiner Jones was born on December 10, 1920, in New York City, New

York, where she was graduated from the Nightingale-Bamford School in 1939.

After receiving her B.A. degree at Wellesley College, Wellesley, Mass., in 1943,

she taught history for one year at the George School, Newtown, Pennsylvania.

In June 1944, she joined the Office of Strategic Services as a research analyst,

where she was in charge of the Swiss desk and in addition specialized in international law problems.

In February 1946, Miss Jones left government service to enter the Yale Law

School. While at Yale, Miss Jones was a member of the Yale Law Journal and

was named Managing Editor in her senior year. She received her LL.B. in June

1948 and was made a member of the Yale Chapter of the Order of the Coif.

After her graduation from law school, Miss Jones joined the New York law

firm of Donovan Leisure Newton & Irvine, where she engaged in general law practice involving all types of law including business, constitutional and international

law and in addition acted as special assistant to General William J. Donovan.

In January 1953, Miss Jones joined the Justice Department as a trial attorney for

the Antitrust Division in the New York office, where she participated in several

large antitrust cases and was the chief attorney in charge of the trial of United

States v. The Watchmakers of Switzerland Information Center, an international

cartel case.

In October 1961, Miss Jones left the Department of Justice and became associated with the law firm of Webster Sheffield Fleischmann Hitchcock & Chrystie,

where she engaged exclusively in trial and antitrust work.

Miss Jones has served as a Commissioner on the Federal Trade Commission

since October 29, 1964, first under a recess appointment signed by the President

on October 17, 1964, and thereafter by confirmation of the Senate to fill out the

unexpired term of her predecessor, Governor Sigurd Anderson, which runs until

September 1966.

Miss Jones has contributed several articles to legal periodicals. She is a member of the Antitrust Section and of the Joint Committee on Antitrust Problems

and International Trade and Investment of the American Bar Association, the

Association of the Bar of the City of New York, the Federal Bar Association, the

International Law Association, and the panel of arbitrators of the American

Arbitration Association.

The CHAIRMAN. I see that you are a New Yorker.

STATEMENT OF MARY GARDINER JONES, NOMINEE TO THE

FEDERAL TRADE COMMISSION

Miss JONES. That is correct, sir.

The CHAIRMAN. Of the law firm of Donovan, Leisure, Newton, &

Irvine, where you have been engaged in the general law practice

involving all types of law, including business, constitutional, and international law as special assistant at one time to General Donovan, who

was well known as "Wild Bill."

Miss JONES. That's right, sir.

The CHAIRMAN. You joined the Justice Department as a trial attorney for the Antitrust Division in the New York office, where you

participated in several antitrust cases. You were chief attorney in

charge of the very important trial, United States v. The Watchmakers

of Switzerland Information Center. And then you left the Department

to become associated with another law firm, Webster, Sheffield,

Fleischmann Hitchcock, & Chrystie, where you engaged in the same

type of work; is that correct?

Miss JONES. That is correct.

The CHAIRMAN. You have been on the Federal Trade Commission

since October 29, 1964, first under a recess appointment, on October
4 JONES, BAUM, AND HADDON NOMINATIONS

17. And thereafter as confirmation of the Senate for the full unexpired term of Governor Anderson, which did run until September 1966.

Miss JONES. That is right.

The CHAIRMAN. So that if this committee sees fit to recommend

you, you will be serving them from September 1966, for the 7-year

full term; is that correct?

Miss JONES. That is right.

The CHAIRMAN. There is a Senate resolution—I guess you are

familiar with it—which we passed in 1960, which states that "It is

the sense of the Senate that individuals appointed to administrative

policymaking posts should be willing to serve for a period long enough

to permit them to contribute effectively to their assigned tasks."

It goes on further to say that "It is the sense of the Senate that

nominees appearing before its committee shall indicate their willingness to serve as long as the President desires."

Sometimes people cannot serve their terms for many reasons,

personal or health reasons. What is your intention in this particular

case?

Miss JONES. Sir, it is my hope and my intention to serve the full

term.

The CHAIRMAN. The law also states that three of the five Commissioners shall be—not more than three—shall be a member of the same

political party. I have to ask you whether you are a Republican or a

Democrat.

Miss JONES. I am a Republican, sir.

The CHAIRMAN. You are what?

Miss JONES. A Republican.

The CHAIRMAN. After reading the names of those law firms, I

think that might be the logical answer.

Senator COTTON. She said when she was first appointed she was a

strong Republican.

Miss JONES. No change.

The CHAIRMAN. You have submitted a financial statement which

we will place in the committee files. It is open for anyone who wants

to look at it.

The Department of Commerce recently announced—and this committee is vitally interested in this because the bill came from this

committee—that the Federal Trade Commission is working on standards for advertising, labeling, and grading of tires. Are you involved

in that work at all?

Miss JONES. I think it is the Department of Commerce that will

be devieloping the standards under the new appropriation.

The CHAIRMAN. They have asked you to cooperate.

Miss JONES. That is right. And, very much, we will.

The CHAIRMAN. Are you in favor of what the Federal Trade Commission is doing?

Miss JONES. Very much so.

The CHAIRMAN. Would you tell us about that?

Miss JONES. What we are doing now is trying to make sure that

our guides, which we have promulgated, will go into effect. They

are due to go into effect February 19. The industry has come to

US and said there may be some problems due to some of the material

they have to disclose pursuant to the legislation. So we are just

in the process now of advising the industry that we will not require
JONES, BAUM, AND HADDON NOMINATIONS 5

them to put our information on the mold of the tire until July. This

ought to give them a 6-months period so they won't have to pull

the molds out of production unnecessarily. Accordingly, we have

informed the industry that up to July 31, 1967, the material disclosures which our guides require and which the legislation requires

will go on a gummed label to be affixed to the tire so the consumer

will have it, but not in exactly the same form that we provided in

our guides.

Our job is to help the industry work their problems out with this,

if they have interpretive problems, to come to us. We want to

work with Dr. Haddon on this very closely, so we don't put the

industry in a conflicting situation.

The CHAIRMAN. You are not involved in the grading?

Miss JONES. No.

The CHAIRMAN. You are involved in the labeling and the advertising?

Miss JONES. That is correct.

The CHAIRMAN. And the Department of Commerce has asked you

people in the Federal Trade Commission for advice on this particular

phase of automobile tires.

Miss JONES. That is right. We have collected a lot of information.

We sent a copy of some of our reports already to Dr. Haddon, and we

have an expert staff which will be available to him, too.

The CHAIRMAN. We will put your biographical sketch in the record

in full. I have no further questions.

You did appear before the committee in February 1965. There

were a number of questions asked you then about your work and what

you felt was the responsibility of the Commissioner at the Federal

Trade Commission. That is all in the record for anyone to look at.

I have no further questions. Senator Cotton?

Senator COTTON. Mr. Chairman, I have read the testimony of the

previous hearing when Miss Jones was first confirmed. I am impressed by her qualifications. Although there might be some questions about present policy of the Commission, we are pressed for time

this morning and I won't have any further questions. I only say that

I am heartily in accord with her confirmation.

The CHAIRMAN. Senator Bartlett?

Senator BARTLETT. No questions, Mr. Chairman.

The CHAIRMAN. Thank you very much.

Miss JONES. Thank you, Senator.

The CHAIRMAN. Dr. Baum?

Dr. Baum has submitted biographical data which we will place in

the record in full.

(Biographical data follows:)

BIOGRAPHICAL SKETCH OF DR. WERNER A. BAUM

Dr. Werner A. Baum, Vice President for Scientific Affairs of New York University, has been nominated by President Johnson as Deputy Administrator of the

Environmental Science Services Administration, U.S. Department of Commerce.

Dr. Baum, born April 10, 1923, in Germany, was graduated from the University

of Chicago with a B.S. in mathematics in 1943. He received an M.S. in meteorology there in 1944, and a Ph.D. in meteorology in 1948.

His professional career began at Chicago University's Department of Meteorology as a graduate assistant in 1943. In 1947 he joined the University of Maryland

as a research associate and assistant professor in the Department of Geography.

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6 JONES, BAUM, AND HADDON NOMINATIONS

Dr. Baum went to Florida State University in 1949 as associate professor and

head of the Department of Meteorology. He became a full professor in 1951 and

served in that capacity until 1958. He was named Director of University Research in 1957 and Dean of the Graduate School and Director of Research in 1958.

He was appointed Dean of the Faculties in 1960 and Vice President for Academic

Affairs in July 1963.

In September 1963 he was appointed Vice President for Academic Affairs, Dean

of the Faculties, and Professor of Meteorology at the University of Miami. He

went to New York University in August 1965.

Dr. Baum is secretary and trustee of the University Corporation for Atmospheric

Research, chairman of the National Science Foundation's Advisory Panel of

Atmospheric Sciences 

Program, 

and chairman of the American Meteorological

Society's Commission on Education and Manpower.

Among the honors received by Dr. Baum has been a Special Citation of the

American Meteorology Society for "successful leadership in developing the Journal

of Meteorology into a large publication of high international stature over a decade

of very demanding editorial effort". He is an honorary member of Phi Kappa Phi

(University of Miami Chapter) and Phi Beta Kappa (Florida State University

Chapter). He is married and has two children, Janice and Sandra.

Other Current Professional Activities

Member, Committee on Sponsored Research, American Council on Education

Member Advisory Board, Meteorological and Geoastrophysical Abstracts,

American Meteorological Society

Director, Fund for Overseas Research Grants and Education

Councilor, Interuniversity Communications Council

Past Professional Activities

Editor, Journal of Meteorology, American Meteorological Society, 1949-1957;

Editor-in-Chief of Periodicals (Journal of Meteorology, Bulletin of the American

Meteorological Society, Meteorological Monographs). 1957-1961.

Councilor, American Meteorological Society, 1956-1959, 1963-1966.

Councilor, American Association for the Advancement of Sciences, 1955-1956.

Member of the Council, Oak Ridge Institute for Nuclear Studies, 1958-1962.

Chairman, Panel on Education, Committee on Atmospheric Sciences, National

Academy of Sciences, 1962-1964

Chairman

'

Advisory Committee on Education and Training, U.S. Weather

Bureau, 1964-1966.

Member, Board on Russian Translation Projects, American Geophysical Union,

1958-1964.

Member, Executive Reserve, U.S. Weather Bureau, 1958-1963.

Member, Committee on Climatology, National Academy of Sciences, 1955-1958.

Chairman, Board for Meteorological Education in Universities, American

Meteorological Society, 1962-1966.

President, FSU Chapter of Sigma Xi, 1951-1952.

President, FSU Chapter of American Association of University Professors,

1952-1953.

Miscellaneous Honors

Sigma Xi

Delta Sigma Pi

Fellow, American Association for the Advancement of Science

Fellow, American Geophysical Union

Partial List of Publications

Russian-English dictionary of meteorological terms and expressions. Hobart

Publishing Company, Washington. (1949)

Frequency distributions of predominant tropopause heights along 80°W in

summer. (with J. M. Havens). Bulletin of the American Meteorological Society,

Volume 37, Number 3. (1956)

Assessment of the effect of commercial cloud seeding in north Florida and

south Georgia, 1955-56. (with S. E. Asplund, R. M. Henry, Wm. E. Long,

and S. L. Rosenthal). Quarterly Journal of the Florida Academy of Sciences,

Volume 19, Numbers 2-3. (1956)

Long-range weather forecasting in the Soviet Union. (with P. D. Thompson).

Bulletin of the American Meteorological Society, Volume 40, Number 8. (1959)

The education of teachers: If I had my way. In The education of teachers:

Curriculum programs, National Education Association of the United States,

Washington. (1959)
JONES, BAUM, AND HADDON NOMINATIONS 7

Editor-in-Chief, Meteorological Monographs, American Meteorological Society,

Numbers 21 through 24. (1959-1961)

Report from your Editor. Bulletin of the American Meteorological Society,

Volume 41, Number 10, (1960)

Education for the emerging scientific culture. The Educational Record, Volume

43, Number I. (1962)

The role of university research in economic development. (with J. E. Mahoney).

In Essays on Florida's Economic Development, The Council on Economic Development, Tallahassee. (1963)

Meteorology and climatology. Collier's Encyclopedia, Volume 16. (1963)

Our problems in education. Weatherwise, Volume 17, Number 3. (19 64)

University organization for geophysics education. Science, Volume 146, Number

3644. (1964)

STATEMENT OF DR. WERNER A. BAUM, NOMINEE TO REPLACE

ADMIRAL KARO AS DEPUTY ADMINISTRATOR OF THE ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION

The CHAIRMAN. I see that most of your work in the past has been

in meteorology; is that right?

Dr. BAUM. Primarily. Academic administrator.

The CHAIRMAN. In that field you have been quite active, both as

a professor and in other fields. Mainly as a professor, as a teacher;

is that right?

Dr. BAUM. Primarily, and researcher.

The CHAIRMAN. Have you ever been in government before?

Dr. BAUM. Only for temporary periods.

The CHAIRMAN. What was the nature of that work?

Dr. BAUM. Apart from 2 years of military service in the Navy 

The CHAIRMAN. I meant in this field.

Dr. BAUM. Three months with the Air Weather Service in the

Air Force in the summer of 1953, and then consultant services to the

National Science Foundation.

The CHAIRMAN. I do want to point up a matter here that is of

interest to the committee, which I am sure you won't take personally.

It has nothing to do with you at all. As we noted from your biography,

you are a meteorologist. Dr. White, the Administrator of the Department, is also a meteorologist. Is that correct?

Dr. BAUM. That is correct.

The CHAIRMAN. And your predecessor, who I see here this morning,

was closely identified with oceanography; is that correct?

Dr. BAUM. Primarily.

The CHAIRMAN. If you don't know, I will say that he was.

Dr. BAUM. Yes, sir.

The CHAIRMAN. Of course, oceanography is a subject very vital

and close to us in this committee. I want to say that while I will

recommend that your nomination be approved, I feel that the President in nominating individuals for positions such as this, should

nominate people with backgrounds of various aspects in this field,

including oceanography, which now is within the agency. As a matter

of fact, when we made this change in the Department, we strongly

suggested that the two top spots need not be both in the same field.

Have you anything to add to that? Do you know how you were

picked, because you were also a meteorologist?

Dr. BAUM. I don't know how I was picked. That is a question 

The CHAIRMAN. Did you solicit the job?
8 JONES, BAUM, AND HADDON NOMINATIONS

Dr. BAUM. Certainly not.

The CHAIRMAN. They went out and got you?

Dr. BAUM. That is correct.

The CHAIRMAN. Who first talked to you about it?

Dr. BAUM. Dr. White first talked to me.

The CHAIRMAN. Who is a colleague of yours in meteorology; is that

right?

Dr. BAUM. That's correct.

The CHAIRMAN. I say this is no reflection on your qualifications,

but this committee thought, and we could have written it into the

change in the law, that we should have a little bit of a spread down

there, and not have you all in the same scientific category.

Dr. BAUM. May I make an observation?

The CHAIRMAN. Yes.

Dr. BAUM. Insofar as it applies to me personally 

The CHAIRMAN. I hoped you were going to say you would get out

of meteorology and pay attention to oceanography.

Dr. BAUM. Let me assure you that it will receive a great deal of

attention.

I should also point out that my present professorial appointment

is in the department of meteorology and oceanography and that for

the last 10 years I have been engaged in general university administration as a university vice president, and in each case that institution

had a major oceanographic program. And I studied some oceangraphy

a student. So there is a considerable background that I do have in

oceanography, although I do not call myself an oceanographer and

am not an oceanographer.

The CHAIRMAN. We didn't make a prohibition in the law, but for

the record I want to read what we did. We said:

(2) The office of Deputy Administrator may be filled at the discretion of the

President by appointment (by and with the advice and consent of the Senate)

from the active list of commissioned officers of the Administration in which case

the appointment shall create a vacancy on the active list and while holding the

office of Deputy Administrator the officer shall have rank, pay, and allowances

not exceeding those of a vice admiral.

This language, when it was approved by Congress, while it is

permissive and not mandatory, seems to me is being ignored a little

more than a year after we approved it. And there may be some

question—I don't know—on the floor of the Senate about completely

ignoring what the intent of the reorganization was.

Again I say, it has no reflection on you or your field. I don't

know whether you can make that shift from a meteorologist to an

oceanographer very quickly. Can you?

Dr BAUM. There is a very close relationship between the two.

The CHAIRMAN. There is?

Dr. BAUM. Yes.

The CHAIRMA . Can you assure us that you will put your emphasis

on this very, very vital and important field?

Dr. BAUM. I can so assure you; yes, sir.

The CHAIRMAN. You heard the questions that I asked the Federal

Trade Commissioner Mary Jones, about the Senate resolution regarding service. What are your plans on that?

Dr. BAUM. Of course, this is not a fixed-term appointment.

The CHAIRMAN. I understand.
JONES, BAUM, AND HADDON NOMINATIONS 9

Dr. BAUM. It is at the pleasure of the President.

The CHAIRMAN. Yes.

Dr. BAUM. And I intend so to serve.

The CHAIRMAN. And you have submitted a financial statement

which will be part of the files. I repeat that it is open to the public.

We are considering a bill which I am sure you must be familiar

with, S. 2916, on weather modification. What views do you have

on that bill? I know you are familiar with it.

Dr. BAUM. I have not read the bill, Senator, so I am not familiar

with the details. I am familiar with the general objectives.

The CHAIRMAN. You are familiar with the general objectives of

the bill, put it that way.

Dr. BAUM. There is no question in my mind that this is a subject

of fundamental importance which requires concerted attention and

action. I assume that what the bill calls for will lead to the desired

results.

The CHAIRMAN. We would like to have your views on the bill, as

long as you are going to play such an important part, if you are

confirmed, in the administration of it.

(The following letter was subsequently received:)

NEW YORK UNIVERSITY,

New York, October 13, 1966.

Hon. WARREN G. MAGNUSON,

Chairman, Committee on Commerce,

U.S. Senate, Washington, D.C.

DEAR MR. CHAIRMAN: In response to your request at my confirmation hearing

this morning, I have read S. 2916 (Amendment No. 564) dated May 12, 1966,

The Weather Modification Act of 1966.

In principle, this bill has my strong endorsement. It proposes a timely approach to a problem of the utmost practical and scientific significance. As

recently pointed out by the Panel on Weather Modification of the National

Academy of Sciences and by the Special Commission on Weather Modification of

the National Science Foundation, the development of knowledge has reached the

juncture where major economic and social benefits may be attained from a concerted attack on control of atmospheric phenomena. S. 2916 provides the basis

for such a national effort.

While I have some questions in regard to certain of the details of the bill,

adoption of the principles embodied appears of primary importance at this time.

Sincerely yours,

WERNER A. BAUM,

Vice President for Scientific Affairs.

The CHAIRMAN. You have already stated that you think the relative importance of oceanography is a matter to which you are going

to direct your energies and your concern.

A report from the Office of Federal Coordinator for Meteorological

Services and Supporting Research states:

For a significant advance in forecasting accuracy, a reformulation of the physical

problem and a different approach to data collection may be necessary.

I think the question would be: Does this mean that the old approach

is not satisfactory or invalid?

Dr. BAUM. I think it means that, as everyone knows, we have a

long way to go in terms of our capability to provide weather predictions. It involves a great deal of improvement of our scientific

understanding of phenomena involved. And there is, of course,

always room for improvement of services as well. It is a combination

of those two things that is required.
10 JONES, BAUM, AND HADDON NOMINATIONS

The CHAIRMAN. When you get down there, I think you ought to

devote yourself to clearing up, too, some of these statements that seem

to conflict.

The Office of the Federal Coordinator also stated, and I quote:

One of the most critical responsibilities of the aviation meteorological service

is to inform airborne pilots of hazardous conditions.

Then, in the same breath, they said:

Supporting research in analysis and prediction of hail and aircraft icing, areas

of considerable interest to aviation, are minimum.

Dr. BAUM. There is a job to be done, I would say.

The CHAIRMAN. I think there is. Maybe there ought to be some

editing of the statement. But that is part of your responsibility

down there.

Dr. BAUM. I understand.

The CHAIRMAN. I have no further questions.

Senator COTTON. No questions, Mr. Chairman.

Senator BARTLETT. No questions.

The CHAIRMAN. Thank you very much.

Dr. BAUM. Thank you.

The CHAIRMAN. Dr. William Haddon. Dr. Haddon is nominated

for a new position. Technically he is a special assistant for traffic

safety planning under the Under Secretary of Transportation in the

Department of Commerce.

His biographical sketch will be placed in the record in full.

(The biographical sketch of Dr. William Haddon, Jr., follows:)

BIOGRAPHICAL SKETCH OF DR. WILLIAM HADDON, JR.

Dr. William Haddon, Jr. is Special Assistant for Traffic Safety Planning to the

Under Secretary for Transportation, U.S. Department of Commerce. A physician with degrees from the Massachusetts Institute of Technology, Harvard

Medical School, and the Harvard School of Public Health, Dr. Haddon is an

authority on accident prevention and research.

IIe has had exceptionally broad experience in public administration. In his

ten years with the New York State Department of Public Health, his positions included those of Acting Assistant Commissioner for Public Health Research, Development and Evaluation, Associate Director of the Division of Chronic Disease

Services, Director of the department's program for training public health research

workers

'

and Director of the Driver Research Center established by the New

York State Department of Health and the State Bureau of Motor Vehicles during

the Administration of Governor Harriman.

He has served as consultant to many government and private groups. He is a

member, and has previously served as Vice Chairman of the Committee on Alcohol

and Drugs of the National Safety Council. He is also a member of: the Commission on Military Accidents of the Armed Forces Epidemiological Board, Department of Defense; the Secretary's Advisory Committee on Traffic Safety, Department of Health, Education, and Welfare; the Scientific Advisory Committee,

Consumers Union; the Committees on Road User Characteristics and Highway

Safety of the Highway Research Board; and the Council of Medical Administrators. He is a Fellow of the American Public Health Association and a member

of its Program Area Committee on Injury Control and Emergency Services.

Dr. Haddon is the author of forty scientific publications concerned primarily

with accidents and other problems related to environmental hazards. The awards

he has received include the National Safety Council-Metropolitan Life Award of

Merit for Research in Accident Prevention. He is, in addition, the senior author

of "Accident Research, Methods and Approaches," an award winning text published in 1964.

Dr. Haddon is married to the former Gene Billo of Pawling, New York. They

have three children, Jonathan, Charles, and Robert.

The CHAIRMAN. I see you have been, for some time, in the New

York State Department of Public Health.
JONES, BAUM, AND HADDON NOMINATIONS 11

STATEMENT OF DR. WILLIAM HADDON, JR., NOMINEE TO BE

TRAFFIC SAFETY ADMINISTRATOR

Dr. HADDON. That is correct.

The CHAIRMAN. What was your work there?

Dr. HADDON. I occupied a variety of positions over 10 years.

The CHAIRMAN. What were your special duties?

Dr. HADDON. My special duties included responsibility for the

training of research workers, public health research workers, and for

programs in the department concerned with a wide range of public

health problems.

The CHAIRMAN. Were they mainly devoted to highway traffic

safety?

Dr. HADDON. During a period from 1957 to 1961, I was exclusively

concerned with the problems of highway safety, particularly from a

medical standpoint.

The CHAIRMAN. That is, the health or the condition of the driver?

Dr. HADDON. Yes. We were concerned not only with that aspect,

but also with the extent to which such factors as alcohol and drugs

were contributing to highway accidents and the ways in which we

could better ascertain the extent to which this was so.

The CHAIRMAN. I note that one of your important papers was the

"Accident Research, Methods and Approaches," in 1964. What did

you do there? Did you make a long study into this matter?

Dr. HADDON. No; this was a book of some 750 pages in lengthThe CHAIRMAN. It is published now as a book?

Dr. HADDON. That is correct. Which I prepared with two coauthors at the request of a New York foundation, which was concerned

by the fact that there was no single document or volume with which

those coming into accident research and concerned with accident

prevention programs could consult to find out what was known in

the field and what needed to be done.

We pulled together in this many of the few classical studies with

commentaries, and published this as a volume in 1964.

The CHAIRMAN. Did you come to many conclusions in the book?

Dr. HADDON. I think the overwhelming conclusion was that a great

deal more attention needs to be paid to this field by all concerned,

particularly by the research workers and program people who have

the professional experience to do the many things that need to be done.

The CHAIRMAN. I think we all agree. That is obvious, that

more should be done in all these fields, as long as their are so many

accidents happening.

What specifics did you arrive at? What should a State do, or what

should the rederal Government do in the field of driver education,

for example?

Dr. HADDON. Mr. Chairman, the purpose of the volume was not

to design State programs, or programs for other groups, but rather

to help research workers in studying how to approach the problems

in this field from a scientific standpoint.

The CHAIRMAN. When you are all through with it, what did you

feel you accomplished?

Dr. HADDON. Judging from the reception which this book has

received, many people are finding it useful in organizing their approaches to the many fields with which it deals.
12 JONES, BAUM, AND HADDON NOMINATIONS

The CHAIRMAN. In what fields?

Dr. HADDON. As I mentioned, we were not concerned with designing State programs in this volume. Someone else needs to do

that job. This is one of the things I would expect the new agency

to undertake. We were rather concerned with pointing out to people

coming from other professional fields the opportunities in this field to

contribute to the solutions of the problems it has.

The CHAIRMAN. Leave the book out. How would they contribute?

Would they change the laws, or would they apply more driver education, stricter driver licensing or what?

Dr. HADDON. As one example, we summarized what was known

about means to restrain the passenger in crashes, for example, with

various kinds of seat belts. We pointed out the information that

was needed where the questions were, and expressed the hope that the

people, the engineers and so forth who had not been contributing to

this field, would begin to do so.

The CHAIRMAN. Of course, and we hope we have covered that in

the auto safety bill. What about the driver himself?

Dr. HADDON. We paid a great deal of attention to many aspects

of the driver, including medical aspects, psychological aspects, drugs,

alcohol, and so forth. And in each one of these areas summarized

what was already known and the questions that were remaining.

The CHAIRMAN. You don't need to write a book to discover that

the drunken driver is a menace on the highway, do you?

Dr. HADDON. I completely agree.

The CHAIRMAN. What do you suggest? What are you going to

suggest: That you have stricter licensing, or that States have more

uniform laws, or stiffer penalties when they are caught, or what?

Dr. HADDON. One of the problems that we pointed out was that

we do not yet know adequately the extent to which the drunker driver

is a social drinker as opposed to an alcoholic. There is some recent

evidence that suggests that the bulk of this problem is coming from

alcoholics and other problem drinkers rather than from ordinary social

drinkers. If this is the case, this suggests that some of the usual

approaches may not be as effective as others more tailored to groups

of this sort, and we pointed this out.

The CHAIRMAN. Did you go into the question of age of drivers?

Dr. HADDON. We concerned ourselves also with this problem and

pointed out that we just don't know enough at present to answer all

of the questions that are needed to be answered if well-based, scientifically based programs, are to be mounted in approaching the problems

of this group.

The CHAIRMAN. Did you go into the problem that most States and

local communities have, the licensing of young drivers and at what

age they should have a license?

Dr. HADDON. We went into the existing evidence as to the extent

to which youngsters have higher accident rates, and some of the

problems this is posing to enforcement people and licensing people

The CHAIRMAN. Do you recall your findings of the percentage of

accidents involving drivers that are under 20?

Dr. HADDON. I don't have the exact figure in my head.

The CHAIRMAN. Do you have it generally?

Dr. HADDON. Generally people in this group have far more accidents

than you would expect from their numbers.
JONES, BAUM, AND HADDON NOMINATIONS 13

The CHAIRMAN. What about people over 60, or over 70?

Dr. HADDON. To some extent people in the older age groups have

more deaths per thousand licenseholders, for example, but this may

be in substantial part due to the fact that they are more fragile and

clinically they don't do as well once they are injured.

I think that before we assume that this is because they get into

more accidents we need to answer questions precisely of this sort.

The CHAIRMAN. Percentagewise, do they get in more accidents

between 20 and 60 or 65?

Dr. HADDON. This seems to be the case, but the evidence isn't

clear because usually deaths and injuries are counted, both of which

would be influenced by greater susceptibility to injury itself.

The CHAIRMAN. IS this study, which is DOW a book, more statistics

than it is conclusions?

Dr. HADDON. I would say it is more scientific than concerned

with--

The CHAIRMAN. Science is also concerned with statistics.

Dr. HADDON. It contains a great deal of statistical information.

The CHAIRMAN. What do you conceive the job of the traffic safety

planning to be under the new bill?

Dr. HADDON. I conceive of it as carrying out the intent of the

Congress and the letter of the two acts involved.

The CHAIRMAN. But what do you conceive to be the intent of

Congress?

Dr. HADDON. To move as rapidly and as practically and as

energetically as possible to reduce the tragedy that we are all concerned with.

The CHAIRMAN. You still don't quite answer my question. What

do you intend to do, yourself?

Dr. HADDON. First of all to build an organization to concern itself

and its several parts with the details, the many details that we have

to pay very careful attention to.

The CHAIRMAN. You have all the details. You have them in

your book. You know what you think should be done. What do

you intend to do?

Dr. HADDON. We intend to systematically go after each and every

one of the problems that we know make up this very complicated field.

Our first job is to obtain the necessary appropriations, the necessary

staff, to concern itself with the details. For example, at present

we are existing on charity and the kind graces of the Commerce

Department and others who have loaned us personnel.

The CHAIRMAN. I don't know about your appropriations, but we

recommended that we authorize $90 million in this field, and $26

million came up from the administration. Do you think you can

do it on that $26 million?

Dr. HADDON. If I may, I would like to comment on the bulk of that

difference. This relates to the Highway Safety Act of 1966, with an

authorization of $67 million for State and community programs.

It is my understanding that this is contracting authority and that

we should proceed in complying with that intent. What we have

asked for in that respect is $12 million to begin paying the bills until

we can get a better idea of the extent to which the States, during

this fiscal year, will be able to present vouchers against the total

amount authorized.
14 JONES, BAUM, AND HADDON NOMINATIONS

We intend to come back for a supplemental appropriation as soon

as it becomes evident—as soon as we have a better idea of the extent

to which the States will be able to spend those moneys.

The CHAIRMAN. I get the impression that you are just going to

make some studies down there. I haven't heard any ideas of what

you are going to do.

Dr. HADDON. That is not correct. We intend to meet the deadlines

of both acts in specifying, after working jointly with the other groups

involved, on standards not only for vehicles and vehicle equipment, but

also for State programs.

The CHAIRMAN. What is your idea of the coordination of the Federal

and State programs under the act?

Dr. HADDON. I think that this coordination should be very close.

In this direction Secretary Connor has already written the Governors

of the several States requesting the appointment of liaison men to

work directly with the office with which we are concerned.

The CHAIRMAN. From each State?

Dr. HADDON. That's correct.

The CHAIRMAN. Just one man?

Dr. HADDON. We would work initially with one man, but also

directly, as we develop the necessary staff, with all of the people

involved.

The CHAIRMAN. I think you will find that most States have some

committees on traffic safety that contribute to the highway patrol or

the Governor's commission on safety.

Dr. HADDON. That is correct, and I have served on two such committees in New York State.

The CHAIRMAN. I think most States have that.

Dr. HADDON. That is correct.

The CHAIRMAN. In fact, I think all of the States may.

When do you think, under the law, that you will be required to make

some recommendations to the States time-wise?

Dr. HADDON. We would hope within 2 months to begin to make

recommendations on some of the easier questions. We think that

others are going to require considerably more study.

The CHAIRMAN. I don't like your word "study" all the time.

Dr. HADDON. I don't mean study in the scientific sense. I mean

all the details of staff work and coordination with the States to find

out exactly what practical problems they have in relation to the details

of financing.

The CHAIRMAN. I understand, gathering details and advice, but I

don't think you need to study it.

Dr. HADDON. That is what I meant, sir.

The CHAIRMAN. We have a warehouse full of studies. We want

you to take some action down there.

Dr. HADDON. We intend to.

The CHAIRMAN. I have several questions which I will submit to

you in a letter. You can answer for the record. They will deal

generally with this same subject.

There is one question—you coming from New York—that I would

like to ask you. New York State, as you know, has embarked on a

safety car project.

Dr. HADDON. That is correct.

The CHAIRMAN. And it was subcontracted to the Republic Aviation

Corp. What is your opinion of this undertaking in terms of value
JONES, BAUM, AND HADDON NOMINATIONS 15

to car safety and setting of standards and so forth? Would you favor,

as far as you know, the provision of Federal funds to a State project

such as New York?

Dr. HADDON. I would favor it if it seemed apparent that it would

contribute to highway safety.

The CHAIRMAN. In other words, you wouldn't be unwilling to

recommend that if a State like New York had proceeded in this

matter, which they have, and they have done some fine pioneering

work, that this might be helpful to everybody and therefore you might

be in a position to help them?

Dr. HADDON. Absolutely.

The CHAIRMAN. I don't suppose you could do this in 50 States.

Dr. HADDON. I think that we need as much initiative in as many

places as possible. If this contributes to that, I would be in favor of it.

The CHAIRMAN. This might be a laboratory where the New York

State would help solve some of the problems that are national.

Dr. HADDON. I believe that has already been the case.

The CHAIRMAN. Since we passed the bill there has been a lot said,

and a lot of questions asked, about car standards. When you look at

cars today, people talk in terms of small cars and big cars. And

naturally a small car has more problems in safety than a big car for

many reasons that you know. Do you envision that the standards

will apply across the board to all cars, or that they might be divided

into type of car—small, medium, or large?

Dr. HADDON. This is a matter we are already studying.

The CHAIRMAN. You are studying again.

Dr. HADDON. Let me correct myself. We are already concerning

urselves.

The CHAIRMAN. You are looking at it?

Dr. HADDON. We are looking at it. I think that obviously

standards cannot apply uniformly to vehicles of all sizes, for example,

trucks on the one hand and passenger cars on the other. We are

aware of the precedent under the clean air standards program for

adjusting studies in terms of some measure of vehicle size. This may

very well be a reasonable step in this area as well.

The CHAIRMAN. There are many parts of the act where decisions

have to be made as to how they will be implemented. The question

of informing car buyers, things of that kind. We will send you the

remaining questions and you can answer them and put them in the

record.

Dr. HADDON. I will appreciate that.

The CHAIRMAN. I have no further questions of Dr. Haddon.

Senator Cotton?

Senator COTTON. I have two or three brief questions. To be specific, in my State we require that when a person reaches the age of 70

he must take a new examination to test his capacity for driving, including a physical examination, before he can renew his driver's

license, and he must take such a test each year after he has passed 70.

Do you consider that a good and necessary step, or are you doubtful

about it?

Dr. HADDON. I think that there are some components of an examination of that sort that should be applied to all drivers. For example, a

vision test. I am not sure of the experience of your State and would

want to know more about it with reference to the other things in the

test.
16 JONES, BAUM, AND HADDON NOMINATIONS

Senator COTTON. You mean that you think that States should consider having a vision test every year, no matter what a person's age is?

Dr. HADDON. I think that the timing of such a test should be determined by those closest to the conditions in their area, and should

not be mandated from Washington.

Senator COTTON. So you would have no particular opinion about

our own provisions of people who have reached the age of 70, from then

on?

Dr. HADDON. I would say this: I do not think that age itself

should be the determinant of whether or not a person drives. I

think that his own individual capacity should determine this.

Senator COTTON. I believe you testified that more fatalities of

those 70 and over might be due to their physical condition. I am

talking about their capacity and ability to drive an automobile.

Wouldn't you, as a physician, consider that there should be some

extra precautions? Some men are aged at 66, and others are comparatively alert and young at 76.

Dr. HADDON. Yes, I would.

Senator COTTON. Wouldn't you think that there should be some

special precautions taken in issuing licenses to people who have

passed the age of 70?

Dr. HADDON. Yes, I would.

Senator COTTON. Just one further matter that I want to raise with

you of special interest to me. When we passed the Traffic and Motor

Vehicle Safety Act I was particularly interested, and I think the

chairman will bear me out, that in our conference with the House,

we had a good deal of consideration if not controversy over the

makeup of the Council. You have read the act, have you not?

Dr. HADDON. Yes I have.

Senator COTTON. You know the Council to which I refer. I was

particularly concerned in making sure that the automobile dealers

should be represented on that Council, and I held out for their representation. With the help of my chairman and others, we wrote

that into the statute. My reasons were that in many cases the

interests of the automobile dealers are not identical with the interests

of the industry.

Dr. HADDON. That is correct.

Senator COTTON. In many cases automobile dealers are not entirely

free to hold out against the industry. I think that Ford and General

Motors and Chrysler and American Motors are capable in all ways

of taking care of themselves. But a dealer has to have his franchise

and the industry has a club over him. So I was particularly anxious

that on that Council should be a representative of the dealers.

That representative should be someone who truly represents the

dealers and not someone who might, in a sense, be under the thumb

of the industry.

I am hopeful that whoever is appointed—and I understand the

appointment might not be in your hands, but .you happen to be the

witness before us and you certainly have influence—the person

appointed to represent the dealers on such a Council should be satisfactory to the dealers; that they should feel that he is truly representing their interests and not those of someone else.

I am not suggesting that they furnish a list to the Secretary or to

the new Department when it comes along, insisting that the person
JONES, BAITM, AND HADDON NOMINATIONS 17

be named from that list. But I do feel that the dealers should have

a full hearing, a fair consideration and an opportunity to recommend,

and if the person they recommend is not satisfactory, to recommend

another or to satisfy themselves before that person is appointed.

How do you feel about that?

Dr. HADDON. I completely agree.

Senator COTTON. And you would, so far as it fell within your power,

or so far as you are advising or dealing with the Secretary, you insist

that that be the case?

Dr. HADDON. That is correct.

Senator COTTON. Thank you. That is all.

The CHAIRMAN. As you know, the law has a procedure on defects.

Do you think that that should be a part of our auto safety program, informing the owner as to defects or safety matters pertaining

to the car that he buys?

Dr. HADDON. I believe that it should be.

The CHAIRMAN. I notice in the morning paper that the Chrysler

Co. has dropped safety disc brakes. Did you read that?

Dr. HADDON. I have not seen this morning's paper.

The CHAIRMAN. It said that—

Chrysler Corp. has eliminated disc brakes as standard equipment on its big

Dodge and Chrysler station wagons in order to cut prices an average of $97 and

make the models more competitive with wagons from other companies. The

move was quietly revealed to dealers in a special price bulletin but no public

announcement was made even though Chrysler had previously touted the fact

that safety brakes would be standard on the heavy station wagons.

Do you think that should be a matter that the owner should be

advised of?

Dr. HADDON. I agree that it should be a matter of which the

owner should be advised.

The CHAIRMAN. So that he would know that he is buying a car

without disc brakes.

Dr. HADDON. I think the first question is not the exact design

used, but the performance of the braking system of the car. I would

want to know more about the difference that this would make in

braking.

The CHAIRMAN. Do you consider your job will be to take a look

at some of these things?

Dr. HADDON. I certainly do.

The CHAIRMAN. This is just a few weeks after the bill had been

passed. I am just quoting the paper. This is a story from Detroit,

by Robert W. Irvin. It seems to me that you are going to have to

be quite alert to many things to carry out the purposes of the bill.

You don't need to study that, do you?

Dr. HADDON. No, sir.

The CHAIRMAN. Senator Bartlett?

Senator BARTLETT. Dr. Haddon, in your inquiries, do you feel that

drugs contribute significantly to automobile accidents?

Dr. HADDON. I am sorry?

Senator BARTLETT. Does the use of drugs contribute significantly

to automobile accidents?

Dr. HADDON. If as many physicians do, you include alcohol, they

certainly do. We do not know the extent to which other drugs are

of importance in this field.

Senator BARTLETT. Let's exclude alcohol. Then what?
18 JONES, BAUM, AND HADDON NOMINATIONS

Dr. HADDON. We just don't have any decent information at this

point, but want to get it as quickly as we can.

Senator BARTLETT. Is the use of safety belts in your opinion really

meaningful?

Dr. HADDON. Yes, it is.

Senator BARTLETT. I recall landing last year on a field on St.

Laurence Island. A colonel met me and drove me to the Air Force

station, half a mile away. But he wouldn't start the car until I had

fastened my safety belt. I think that was the only car on St. Laurence

Island. Would you consider the use of the safety belt in those

circumstances vital?

Dr. HADDON. I think that under any circumstances in which a car

is apt to get into a crash it is vital that there be a safety belt on each

of the people in the car.

Senator BARTLETT. You and the Air Force will be in agreement

then.

Thank you.

Dr. HADDON. Yes, We will.

The CHAIRMAN. I have no further questions for now. I will send

you the others.

Thank you very much, Dr. Haddon.

(The following material was subsequently submitted)

Dr. WILLIAM J. HADDON,

Traffic Safety Administrator,

Department of Commerce,

Washington, D.C.

DEAR DR. HADDON: At your nomination hearing on October 13, 1966, I indicated that I would be sending some additional questions to you. These questions

and your answers will be made a part of the hearing record. The questions are as

follow:

(1) Section 112(d) of the Motor Vehicle Safety Act provides authority to require

the manufacturer to give such notification of such performance and technical data

at the time of original purchase as is necessary to carry out the purposes of the Act.

Generally, what information do you think the purchaser should be given on such

matters as roadworthiness and crashworthiness?

(2) In writings on traffic safety, people have often cited the three stages in the

casualty cycle—the pre-accident stage, the post-accident—pre-injury stage, and

the post injury or emergency treatment stage. What criteria have you developed

to weight the relative importance of each so that maximum manpower and re-

-sources can be utilized where they will have the greatest safety payoff?

(3) What are your views on the public's right to know about internal policies

and information, and the results of research findings?

(4) Motorcycle and motorbike deaths and injuries have increased very sharply

in recent months. Do you propose to give motorcycle design safety and driver

licensing and driver equipment (such as helmets) a high priority?

(5) Do you intend to encourage the auto industry to increase its research and

development activities in safety? If so, how?

(6) How will you assure that new cars meet federal safety standards?

(7) Will you make public the information you obtain from your testing as to

the relative safety of specific automobile makes and models?

(8) What problems are you facing in recruiting trained specialists? What

kinds of experts will be most difficult to hire?

(9) How will you work with the Department of Health, Education and Welfare and General Services Administration to avoid duplication?

(10) When you issue vehicle safety standards, will you also issue the technical

justification for these standards and the range of protection afforded?

(11) What approach to the alcohol-driver problem do you expect to use?

(12) Section 113(d) of the Motor Vehicle Safety Act requires the manufacturer

of motor vehicles to furnish the Secretary with copies of communications to the

.dealers or purchasers of defects. Have there been any such filings to date by

the manufacturers? Will these communications be publicly available?
JONES, BAUM, AND FIADDON NOMINATIONS 19

(13) How many employees are under your authority presently? Do you have

a schedule of personnel increases for the next year?

(14) Do you envision the possibility of requiring used cars to be fitted with

Add-on safety features—such as electronic devices or crash protection features—

that may be perfected?

(15) Do you intend to encourage and maintain a mutual dialogue with all

elements of the automobile industry in order to stimulate effective progress in

safety? If so, how?

Kindest regards.

Sincerely yours,

Hon. WARREN G. MAGNUSON,

Chairman, Committee on Commerce,

U.S. Senate, Washington, D.C.

DEAR MR. CHAIRMAN: I have delayed answering your October 28 letter both

because of the breadth of your questions and because I knew you would prefer that

I give first priority to the urgent job of getting the new Federal programs under

way.

My answers to your fifteen questions are enclosed. Would you kindly let me

know if there is additional information you would like me to supply.

Sincerely,

WILLIAM HADDON, Jr., M.D.,

Administrator.

WARREN G. MAGNUSON, Chairman.

U.S. DEPARTMENT OF COMMERCE,

NATIONAL TRAFFIC SAFETY AGENCY,

Washington, D.C., January 10, 1967.

Question 1. Section 112(d) of the Motor Vehicle Safety Act provides authority

to require the manufacturer to give such notification of such performance and

technical data at the time of original purchase as is necessary to carry out the

purposes of the Act. Generally, what information do you think the purchaser

should be given on such matters as roadworthiness and crashworthiness?

Answer. The manufacturer and the dealer must cooperate in ensuring that

each purchaser, or potential purchaser, is given sufficient information in plain

language to understand the general nature of the vehicle's safety features and

their purpose. This information should include emphasis both on the handling,

lighting, signaling, and other features that help the driver avoid accidents, and

on seat belts, energy absorbing steering assemblies, crash padding, safety door

locks and other aspects of the vehicle's design that protect the driver and his

passengers from injury in such crashes as do occur. It will be important for the

public not only to know that their vehicles meet Federal motor vehicle safety

standards, which will be accomplished under the manufacturer certification

provisions of Section 114 of P.L. 89-563, but also for them to be given the means

to understand the purpose of those standards.

In addition, it is important that vehicle safety information be used by manufacturers, dealers, and salesmen to ensure that the vehicles with safety features

superior to those required by the Federal standards will have a competitive

advantage in the marketplace.

Since any vehicle to be operated safely must be kept in proper condition, it is

essential also that tire pressure and other maintenance information be supplied.

Because purchasers often lose or fail to consult owners' manuals, such data should

be provided permanently and prominently on the vehicle itself.

Finally, it is especially important also that purchasers be thoroughly informed

of any unusual handling characteristics such as those which tend to make the

rear ends of some cars whip around in cornering on slippery surfaces.

Question 2. In writings on traffic safety, people have often cited the three

stages in the casualty cycle—the pre-accident stage, the post-accident—pre-injury

stage, and the post injury or emergency treatment stage. What criteria have

you developed to weigh the relative importance of each so that maximum manpower

and resources can be utilized where they will have the greatest safety payoff?

Answer. The ultimate criterion in choosing between different allocations of

highway safety resources is the payoff each provides for a given expenditure of

manpower and capital. Unfortunately, until about a decade ago there had been

so few attempts to find out which highway measures worked, and to what extent,

that there was little basis for choosing between the often competing claims on the

available resources. Although this situation continues substantially to this day,
20 JONES, BAUM, AND HADDON NOMINATIONS

an increasing amount of information makes very clear at least a few of the programs that should be given special priority to give the greatest payoffs in reduced

deaths, injuries, disabilities, and property damage. One of these, concerned with

what you refer to appropriately as the pre-accident phase, i sthe periodic inspection

of motor vehicles, the considerable efficacy of which was for the first time well

documented less than a year ago.'

Other well documented measures, also relatively inexpensive in terms of the'

payoffs they provide, involve the crash phase itself—crash helmets for motorcycles, and safety belts for automobile drivers and their passengers being excellent

examples.

At present there is no satisfactory quantitative evidence as to the payoffs to

be achieved for resources allocated to emergency services. In this area, however,

as in many others in highway safety we cannot wait for the millennium of perfect

information, but must move ahead on the basis of our best judgment, while at

the same time mounting the scientific research that will give us a better basis.

for our future programs and allocations.

Question 3. What are your views on the public's right to know about internal

policies and information, and the results of research findings?

Answer. The public, in my opinion has a need and a right to know such

information, to the extent contemplated by the recent amendments to the

Administrative Procedure Act. My position was well illustrated when I supplied

you, on November 21, 1966, with the information you had requested in the

public interest concerning manufacturers' recall campaigns and by the fact that

I have kept the file of such safety information open for public inspection.

Question 4. Motorcycle and motorbike deaths and injuries have increased very

sharply in recent months. Do you propose to give motorcycle design safety and

driver licensing and driver equipment (such as helmets) a high priority?

Answer. I am already giving high priority to motorcycle safety. In the proposed initial Federal motor vehicle safety standards which were published in the

Federal Register on December 3, 1966, are two standards which apply to motorcycles. One of these, Standard 108, includes requirements for motorcycle lighting;

the second, Standard 205, would require that glass windshields when used on

motorcycles meet the same standard as windshields on automobiles.

In addition, at a meeting on December 5 of representatives of some thirty

Governors, I stated our intention to propose that the uniform standards for State

highway safety programs to be issued under Public Law 89-564 would require

both that all persons riding two-wheeled motor vehicles wear crash helmets meeting

established performance standards, and that the States issue separate licenses for

operators of two-wheeled motor vehicles.

Question 5. Do you intend to encourage the auto industry to increase its

research and development activities in safety? If so, how?

Answer. During recent months the manufacturers have already very greatly

increased their research and development activities in safety. This should

increasingly affect the safety of the public especially in providing the far better

crash protection to drivers and their passengers that the research results of recent

years have shown to be possible. I am aware of no indication that this effort on

the part of individual companies will be cut back.

We on our part will keep the companies as informed as possible of those aspects

of vehicle design and construction we believe need increased attention. We will

also make full and early disclosure of our own research results and those of others,

emphasizing to the companies scientific findings that have implications for the

types of vehicles each manufactures. In addition, we will seek cooperation in the

development of more satisfactory means both of testing the safety performance of

vehicles and vehicle equipment, and of correlating laboratory and proving ground

results with performance under the conditions of actual use. Such cooperation

will be essential to ensure that the designs required to meet the performance

standards of the future will be both practical and effective.

Question 6. How will you assure that new cars meet Federal safety standards?

Answer. As soon as we have sufficient staff and resources, we will systematically

sample the marketplace, inspecting and testing vehicles and equipment being sold

to determine whether they meet the standards. We also expect to explore ways

to make it possible for manufacturers to submit prototypes to determine whether

they meet the letter and intent of the standards. Comments from the public

will be carefully scrutinized and should serve as a valuable independent source of

performance information.

I Robert C. Boxbaum, M.D., and Theodore Cotton, Sc. D., "Relationship of Motor Vehicle Inspection to

Accident Mortality", The Journal of The American Medical Association, vol. 197 (July 4, 1966), 31-36.
JONES, BAUM, AND HADDON NOMINATIONS 21

Question 7. Will you make public the information you obtain from your testing

as to the relative safety of specific automobile makes and models?

Answer. I intent to make such information public, emphasizing findings of

importance.

Question 8. What problems are you facing in recruiting trained specialists?

What kinds of experts will be most difficult to hire?

Answer. As you stated on the Senate floor on August 31, 1966, I am responsible

for recruiting "it * * sufficient competent, trained and experienced technical

personnel and administrators * * *' to enable the law to be "* * * vigorously and imaginatively implemented." In accomplishing this objective, we

face many difficult problems well anticipated by you and your Senate colleagues.

In illustration, Senator Hartke pointed out on August 31, "There is an acute

shortage of trained engineers, scientists, information systems specialists, lawyers, psychologists, economists, physicians and human factors specialists as

well as other professionals in the field of traffic safety." As he further mentioned,

the specialists that do exist earn salaries far above those usually paid by Government. Senator Ribicoff also put stress on the need to "* * * give high priority

to the recruitment of the ablest technical and administrative specialists that

this country can produce" while admitting that this is not an easy quest.

In furthering this objective, the Civil Service Commission has approved an

essential group of fifty-two positions at grades GS-16, 17, and 18, and we have

already recruited several exceptionally qualified individuals to begin filling these.

Nonetheless, we do face many and very tough problems in finding qualified individuals willing to serve. By mid-spring I will have a much better idea of

where our most serious problems in this respect will be.

Question 9. How will you work with the Department of Health, Education, and

Welfare and General Services Administration to avoid duplication?

Answer. We have already had a series of meetings with members of the

Department of Health, Education, and Welfare concentrating on working out

relationships with the Public Health Service. These meetings have dealt with a

wide variety of highway safety problems related to health, and with the ways in

which we can best cooperate in the public interest. Because of the many substantive areas involved, we are in agreement that the most satisfactory way of

avoiding duplication will be for us to work directly with those portions of the

Department—for example, with the Office of Education and with the new alcoholism program of the National Institute of Mental Health—most directly

involved with problems related to those with which we will be concerned. The

establishment of these relationships will, of course, depend for their timing on

the rate with which our own activities are staffed and developed.

We have also had some contacts with the General Services Administration,

but have not yet worked out methods for avoiding duplication that might be

inherent in the continuance of separate Federal standards for motor vehicles

purchased by the Federal Government.

Question 10. When you issue vehicle safety standards, will you also issue the

technical justification for these standards and the range of protection afforded?

Answer. We intend to issue with the motor vehicle safety standards a concise,

general statement of their basis and purpose, as required by Section 4(b) of the

Administrative Procedure Act (now 5 U.S.C. 553(c)). As you pointed out in

your speech on the floor of the Senate on August 31, 1966, the explanations for

these standards, as required in the bill passed by the Senate, are consistent with

the general meaning of Section 4(b) of the Administrative Procedure Act, and

the specific requirements previously considered were deleted by the Conference

Committee for simplicity. Concise, general statements were issued with the

proposed standards published in the Federal Register December 3, 1966, and

we were pleased to see their widespread use in the press in explaining the reasons

for the standards themselves. When we have developed the necessary staff and

related resources we will prepare much more detailed summaries of the existing

technical and scientific evidence underlying the standards issued under both

Public Law 89-563 and 89-564.

Question 11. What approach to the alcohol-driver problem do you expect to use?

Answer. We will concentrate first on ensuring that each State determines the

extent to which alcohol is present in drivers and adult pedestrians involved in

major categories of fatal accidents occurring under its jurisdiction. This information is essential to ensure that each Governor will be able to know reliably the

magnitude of the problem in his area and have baselines against which to measure

the success of his control efforts. Unfortunately, although this serious problem

has existed for more than a half century, reliable information as to its magnitude

is now available for only a small number of areas in the United States.
A

22 JONES, BAUM, AND HADDON NOMINATIONS

We will also move to ensure that present enforcement and legal approaches,.

and those portions of accident record systems dealing with alcohol are strengthened'

as part of the overall upgrading of State and community highway safety programs.

At the same time, we will be moving to determine through scientific research the

kinds of drinking drivers and pedestrians predominently underlying this problem,.

and the ways in which they can best be approached. In illustration, increasingly

strong evidence indicates that alcoholics account for a very disproportionate

share of the problem. Yet present judicial and other approaches may well have

little to offer with such individuals. It is essential, as a result, that we find out

how to deal with these and the other responsible groups such as teenagers experimenting with alcohol so that future programs can be just as effective as possible.

Question 12. Section 113(d) of the Motor Vehicle Safety Act requires the

manufacturer of motor vehicles to furnish the Secretary with copies of communications to the dealers or purchasers of defects. Have there been any such

filings to date by the manufacturers? Will these communications be publicly

available?

Answer. Since shortly after the signing of the legislation by the President on

September 9, 1966, we have been receiving such filings. The file, from which

I supplied the information you requested in the attached correspondence of

November 21, 1966, is publicly available and has been consulted by many interested individuals. As we acquire the staff necessary, we will be working out

procedures to evaluate the adequacy of the success of the recall campaigns and

whether additional steps should be taken to ensure that unlocated vehicles are

reached for possible correction.

U.S. SENATE,

COMMITTEE ON COMMERCE,

November 21, 1966.

Dr. WILLIAM HADDON, Jr.,

Traffic Safety Administrator,

Department of Commerce, Washington, D.C.

DEAR DR. HADDON: As I have indicated earlier, the Senate Commerce Committee fully intends to discharge its responsibilities in overseeing the implementation of the automobile safety legislation. I am, of course, aware that you have

only recently received your appropriation and are just now in the process of

building your staff and developing policies necessAry to administer your programs.

At this time, however, the Committee is particularly interested in reviewing the

log of defect notifications supplied to you under the Act by the automobile manufacturers. In addition, although I recognize that you will not as yet have had

the opportunity to fully evaluate these notifications, we would like to have the

benefit of your initial judgment as to the adequacy of the industry's procedures

and efforts to cure such defects. We would also like to know what you propose

to do to reach the owners of vehicles not reached by the manufacturers' own.

efforts.

Sincerely yours,

Hon. WARREN G. MAGNUSON,

Chairman, Committee on Commerce,

U.S. Senate, Washington, D.C.

DEAR MR. CHAIRMAN: Thank you for your letter concerning defects notifications received in accordance with the provisions of the National Traffic Safety

Act of 1966. In response to your request, I have already provided your staff

with a copy of our log of the manufacturers' submissions. I have also made

available the submissions themselves.

In answer to your question, the companies are clearly making a very concerted

and substantially successful effort to identify and correct such defects promptly.

This effort, in both intensiveness and speed, considerably exceeds that of prior

years, and many of the suspect vehicles are being reached and corrected before

sale.

Although we received our first operating funds only last week, members of

my small borrowed staff and I have already met with representatives of several

companies to work out the most efficient means for handling the great amount

of information this notification program already involves. On their part, thecompanies will be supplying us on a current basis with computer tapes and other

WARREN G. MAGNUSON, Chairman.

U.S. DEPARTMENT OF COMMERCE,

NATIONAL HIGHWAY SAFETY AGENCY,

Washington, D.C., November 21, 1966.
JONES, BAUM, AND HADDON NOMINATIONS 23

listings, identifying the vehicles and owners they have been unable to reach.

(It is very important that car owners learn to respond very promptly to such

notices, since their lives and those of others can well be at stake in some cases.)

As soon as we can hire the staff required, we, in turn, will do as much as possible

to see that the unreached cars are corrected, either by direct or public contact

with their owners, or through the State and local officials in their areas.

I much appreciate the active role you and your Committee are continuing to

plan to ensure the safety of the public.

Sincerely,

WILLIAM HADDON, Jr., M.D., Administrator.

Question 13. How many employees are under your authority presently? Do

you have a schedule of personnel increases for the next year?

Answer. Sixty-four employees, many of them in secretarial and related positions,

are currently (January 1, 1967) under my supervision in the performance of the

functions required by the National Traffic and Motor Vehicle Safety Act of

1966 and the Highway Safety Act of 1966. Thirty-eight of these are on our own

rolls. The remainder are detailed from the Bureau of Public Roads and other

agencies of the Federal Government.

Funds for personal services became available through apportionment of the

appropriation by the Bureau of the Budget on November 16, 1966. Most of

the detailed employees will also be transferred to our own rolls in the very near

future and the staff will be increased during the balance of this fiscal year to the

budgeted total of 440 employees.

As our programs become more fully operational, there will be a need for substantial further augmentation of staff in fiscal year 1968. The specific staffing

target for that fiscal year will not be determined, however, until decision is made

regarding our total program requirements for the period. It is anticipated that

most of the increases will be required in the operational programs, such as the

Motor Vehicle Safety Performance Service, the Highway Safety Programs Service,

data collection and analysis, and external audit.

Question 14. Do you envision the possibility of requiring used cars to be fitted

with add-on safety features—such as electronic devices or crash protection features—that may be perfected?

Answer. I do envision this possibility. However, we will need to weigh very

carefully in each case the practicality, cost, and payoffs in increased highway

safety offered by each possible add-on feature. These possibilities will be carefully considered in the study of used cars the law directs us to make, with the

results submitted to the Congress by September 9, 1967.

Question 15. Do you intend to encourage and maintain a mutual dialogue with

all elements of the automobile industry in order to stimulate effective progress in

safety? If so, how?

Answer. I do intend to encourage and maintain a mutual dialogue with all elements of the automobile industry in order to stimulate effective progress in safety.

Although I do not have a systematic plan for furthering such exchange, we will use

all the opportunities available to us to further the full range of relationships necessary to carry out the purposes of the two Acts. I am pleased that we are rapidly

increasing the breadth and depth of our contacts, and this shows every sign of

continuing.

Dr. HADDON. Thank you, sir.

The CHAIRMAN. The committee will recess and go into executive

session.

(Whereupon, at 10:38 a.m., the committee was adjourned.)