[House Hearing, 113 Congress] [From the U.S. Government Publishing Office] PLANES, TRAINS, AND AUTOMOBILES: OPERATING WHILE STONED ======================================================================= HEARING before the SUBCOMMITTEE ON GOVERNMENT OPERATIONS of the COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS SECOND SESSION __________ JULY 31, 2014 __________ Serial No. 113-130 __________ Printed for the use of the Committee on Oversight and Government Reform Available via the World Wide Web: http://www.fdsys.gov http://www.house.gov/reform ______ U.S. GOVERNMENT PRINTING OFFICE 89-703 WASHINGTON : 2014 ____________________________________________________________________________ For sale by the Superintendent of Documents, U.S. Government Printing Office, http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Printing Office. Phone 202�09512�091800, or 866�09512�091800 (toll-free). E-mail, [email protected]. COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM DARRELL E. ISSA, California, Chairman JOHN L. MICA, Florida ELIJAH E. CUMMINGS, Maryland, MICHAEL R. TURNER, Ohio Ranking Minority Member JOHN J. DUNCAN, JR., Tennessee CAROLYN B. MALONEY, New York PATRICK T. McHENRY, North Carolina ELEANOR HOLMES NORTON, District of JIM JORDAN, Ohio Columbia JASON CHAFFETZ, Utah JOHN F. TIERNEY, Massachusetts TIM WALBERG, Michigan WM. LACY CLAY, Missouri JAMES LANKFORD, Oklahoma STEPHEN F. LYNCH, Massachusetts JUSTIN AMASH, Michigan JIM COOPER, Tennessee PAUL A. GOSAR, Arizona GERALD E. CONNOLLY, Virginia PATRICK MEEHAN, Pennsylvania JACKIE SPEIER, California SCOTT DesJARLAIS, Tennessee MATTHEW A. CARTWRIGHT, TREY GOWDY, South Carolina Pennsylvania BLAKE FARENTHOLD, Texas TAMMY DUCKWORTH, Illinois DOC HASTINGS, Washington ROBIN L. KELLY, Illinois CYNTHIA M. LUMMIS, Wyoming DANNY K. DAVIS, Illinois ROB WOODALL, Georgia PETER WELCH, Vermont THOMAS MASSIE, Kentucky TONY CARDENAS, California DOUG COLLINS, Georgia STEVEN A. HORSFORD, Nevada MARK MEADOWS, North Carolina MICHELLE LUJAN GRISHAM, New Mexico KERRY L. BENTIVOLIO, Michigan Vacancy RON DeSANTIS, Florida Lawrence J. Brady, Staff Director John D. Cuaderes, Deputy Staff Director Stephen Castor, General Counsel Linda A. Good, Chief Clerk David Rapallo, Minority Staff Director Subcommittee on Government Operations JOHN L. MICA, Florida, Chairman TIM WALBERG, Michigan GERALD E. CONNOLLY, Virginia MICHAEL R. TURNER, Ohio Ranking Minority Member JUSTIN AMASH, Michigan JIM COOPER, Tennessee THOMAS MASSIE, Kentucky MARK POCAN, Wisconsin MARK MEADOWS, North Carolina C O N T E N T S ---------- Page Hearing held on July 31, 2014.................................... 1 WITNESSES The Hon. Christopher A. Hart, Acting Chairman, U.S. National Transportation Safety Board Oral Statement............................................... 9 Written Statement............................................ 11 Jeffrey P. Michael, Ph.D., Associate Administrator for Research and Program Development, National Highway Traffic Safety Administration, U.S. Department of Transportation Oral Statement............................................... 24 Written Statement............................................ 26 Ms. Patrice M. Kelly, Acting Director, Office of Drug and Alcohol Policy and Compliance, U.S. Department of Transportation Oral Statement............................................... 42 Mr. Ronald Flegel, Director, Division of Workplace Programs, Center for Substance Abuse Prevention, Substance Abuse and Mental Health Services Administration, U.S. Department of Health and Human Services Oral Statement............................................... 43 Written Statement............................................ 46 APPENDIX Wall Street Journal 7-29-14, ``Science Collides With the Push to Legalize Pot'' by Peter Wehner, submitted by Rep. Fleming...... 70 Response to the New York Times Editorial Board's Call for Federal Marijuana Legalization by Office of Nat'l Drug Control Policy Staff, submitted by Rep. Fleming............................... 72 Answers to questions for the record from Rep. Turner to Jeffrey P. Michael, Ph.D., and Patrice Kelly from NHTSA and DOT, Respectively, submitted by Rep Farenthold...................... 74 Statement from Ms. Patrice M. Kelly.............................. 78 PLANES, TRAINS, AND AUTOMOBILES: OPERATING WHILE STONED ---------- Thursday, July 31, 2014 House of Representatives, Subcommittee on Government Operations, Committee on Oversight and Government Reform, Washington, D.C. The subcommittee met, pursuant to call, at 9:05 a.m., in Room 2154, Rayburn House Office Building, Hon. John Mica [chairman of the subcommittee] presiding. Present: Representatives Mica, and Connolly. Also Present: Representatives Fleming and Blumenauer. Staff Present: Melissa Beaumont, Assistant Clerk; Will L. Boyington, Deputy Press Secretary; Molly Boyl, Deputy General Counsel and Parliamentarian; Sharon Casey, Senior Assistant Clerk; John Cuaderes, Deputy Staff Director; Adam P. Fromm, Director of Member Services and Committee Operations; Linda Good, Chief Clerk; Mark D. Marin, Deputy Staff Director for Oversight; Emily Martin, Counsel; Katy Rother, Counsel; Laura L. Rush, Deputy Chief Clerk; Andrew Shult, Deputy Digital Director; Jaron Bourke, Minority Director of Administration; Devon Hill, Minority Research Assistant; and Cecelia Thomas, Minority Counsel. Mr. Mica. Good morning. I'd like to welcome everyone to the Committee on Government Oversight and Reform and our subcommittee hearing this morning. This is the Subcommittee on Government Operations and I welcome my ranking member, Mr. Connolly, and others who may join us this morning. The title of today's hearing is Planes, Trains and Automobiles: Operating While Stoned. And this, I believe, is, what, our fifth hearing on the subject of the impact of changing laws on the increasing use of marijuana in our society. And our subcommittee in particular has jurisdiction and part of our charter is the difference between Federal and state laws and the relationships and a whole host of issues that deal with, again, Federal-state issues and certainly in our most recent history, there's probably been nothing that has provided a greater difference in, say, current Federal statutes and changing state and local statutes than the marijuana issue. So it's an important matter and we try to approach it and look at all of the aspects and impacts. The order of business this morning will be opening statements. I'll start with mine, yield to Mr. Connolly. I see we have Mr. Fleming. I don't believe Mr. Fleming is a member of the committee, but I ask unanimous consent that, and without objection, that he be permitted to participate in today's proceedings, and other members who may join us. Right now there are a number of conferences going on around the Hill. With that, after the opening statements, we'll hear--I see we have four witnesses, we'll hear from them. We'll withhold questions until we've heard from all of our panelists and get to introduce you and swear you in after the opening statements. So with that, let me begin. Again, I have an important responsibility to look at changing laws. This subcommittee has, in fact, been investigating the Federal response to state and local government legalization and change of laws relating to marijuana and examining the Administration's sometimes chaotic and inconsistent policies on marijuana. In fact, most of our proceedings since the beginning of the year have been based on a statement that the President made, and he said that marijuana was not much different than alcohol and I think one of our first hearings was to bring in the Office of National Drug Control Policy, who differed with the President's statement. We looked at that issue, then we heard from the law enforcement agencies. DEA, they disagreed with that statement. Then we saw the conflict in Colorado and other states. Department of Justice had issued some guidelines and statements relating to enforcement. We heard, as I recall, from the U.S. Attorney from Colorado, who testified about some of the problems. We heard from DEA and other agencies. As we were doing one of the hearings, the District of Columbia changed its law on possession, tampering down the fine to $25 for 1 ounce of marijuana, and I illustrated by holding up a fake joint. Some people thought that was entertaining, but it was also designed to illustrate you could have 28 of those joints now in the District and that would be the results and the $25 fine. And then I held up in the other hand a list of 26 Federal agencies that were charged with enforcing conflicting Federal law, and it does create a serious dilemma and situation. And, again, I think today is very important, because having chaired Transportation, and you see the results of the devastation, just for example, on our highways. Probably in the last dozen years, we've had a quarter of a million Americans slaughtered on the highways. Think about that: over a quarter of a million. We've gotten it down. It was down in the 30 some thousand, but it was running in the mid, almost mid 40,000, and that's fatalities and half of those fatalities are related to people who are impaired through alcohol or drugs. And as we embark on this new era with many more people exposed to what is now still a Schedule I narcotic and more potent, as we heard from some of the scientific folks, we are going to have a lot more people stoned on the highway, and there will be consequences. We do have Federal agencies, and we'll hear from the Department of Transportation to see how they're going to deal with both vehicles, both passenger vehicles, with commercial vehicles. And then also, and I don't know if we could put up some of those charts to see some of the devastation, but--or the photos. Aviation is another area. Maybe you could put some of those up there. We haven't gotten into commercial, and we'll talk about that, but these are civil aircraft. Just keep flipping them. Every one of these were involved with people impaired. And the way we find out right now if they were impaired was, in fact, by testing the corpse, the blood, and this is some of the results we see. The worst train incident that we've had probably in recent memory--keep flipping that to--let's see if we can--this is the Metro link. Look at that, 25 people killed, and the engineer was impaired with marijuana and then automobiles again. I just showed one on automobile, but there are thousands of accidents that involve some just marijuana, some a deadly combination of marijuana and other drugs taking lives. So there are consequences to what's being done in our society. Today I want to also focus on the aspect of not only the number of crash victims, but also those who are the most vulnerable in this whole process. Right now, listen to this, from 1999 to 2010, the number of crash victims with marijuana in their system has jumped from 4 percent to over 12 percent, and that's actually as some of this has been kicking in. Furthermore, the influence of both alcohol and marijuana, they say, is now 24 times more likely to cause an accident than a sober person and I could cite some of these studies. In a study, 27 percent of the seriously injured drivers tested positive for marijuana. Now, again, one of my major concerns is the impact of the most vulnerable in our society, and the trend is most troubling for our young drivers. Most recently one eighth grade school senior admitted driving after smoking--one in eight, I'm sorry, high school seniors admitted to driving after smoking marijuana, and nearly 28 percent of the high school seniors admit to getting into the car of a driver who had recently used marijuana or other illicit drugs. At night, 16 percent of the drivers under age 21 tested positive for drugs, whereas only 7 percent of the same drivers tested positive for alcohol. As drugged driving fatalities have tripled, a study has found nearly half of the drivers fatally injured in car accidents are under the age of 25. That slaughter I talked about on the highways is impacting no other group as much as our young people and those particularly are teenagers and those under age 25. As much as 14 percent of fatal or sustained injury drivers tested positive for THC in 2012; however, we don't have to have data to understand the full scope of the problem. Data collection policies are set up by states, and generally testing only occurs, unfortunately, with drivers with fatalities. Drivers who have used marijuana do not exhibit the same intoxication effects as drivers who have used alcohol, and traditional field testing is not always effective to identify and remove intoxicated drivers from the road. In fact, we have no standard test for marijuana, for drivers. There is no standard test. We don't have Federal standards of limits of THC, since right now at the Federal level, any level of THC is illegal, it is a Schedule I narcotic, and supposedly zero tolerance, but we have no way of testing that. Currently, there's no roadside breathalyzer for marijuana, but technology is advancing and some countries have started to use a roadside oral test. Now, this is one of those testing machines, and this is used actually in Europe and as I understand, it takes a swab. I was going to swab the panelists, but I thought I wouldn't do that today, but you could take a swab with this and it can tell you if anyone has used marijuana within 4 hours. But, again, we have no standard, we have no acceptable test, and we have no way of telling if people are impaired. Most of the data we're getting right now is from, again, fatalities and you either have to take an individual to a hospital for a blood or urine test, or, again, the worst situation is to the morgue where we test their blood. In the past 10 years, marijuana was a factor in nearly 50 aviation accidents. I showed some of the civil aviation. We haven't even begun to think of what can happen in the commercial market as more people are exposed to marijuana. We now have 23 states with medical use and two states who have knocked down most of the barriers and more people will have, again, exposure to use of marijuana and very little means of testing them. The National Transportation Safety Board has investigated different accidents, and found, again, the use of THC in a number of these accidents, but, again, all of their testing is done after the fact and usually where a fatality is involved. The witnesses today will tell us what, if anything, the Federal Government is doing to combat drug-impaired operation of any transportation mode. And, again, we have a whole host of modes that the Federal Government takes responsibility over, vehicular, simple passenger cars, commercial vehicles, cargo, of course rail, both passenger and cargo, and of course aviation, civil and commercial aviation. We'll hear from Christopher Hart from the National Transportation Safety Board, Jeff Michael from the National Highway Traffic Safety Administration, Patrice Kelly from the Department of Transportation Office of Drug and Alcohol Policy Compliance, and Mr. Ronald, what is it, Flegel, Mr. Flegel of the Substance Abuse and Mental Health Administration. So I look forward to today's further and continuing discussions on this issue that has a great impact on all of us. And yield now to the ranking member, Mr. Connolly. Mr. Connolly. Thank you, Mr. Chairman, and thanks for holding today's hearing to examine the effects of marijuana on the ability to operate planes, trains and automobiles. I'm going to particularly focus in on the automobile, but not to the exclusion of everything else. This hearing addresses an aspect of marijuana policy where I believe there's general agreement over the desired outcome: reducing the incidents of vehicle accidents resulting from driving while under the influence of any drugs. Across the political spectrum, there's widespread opposition to allowing driving while under the influence of any drug that impairs an individual's ability to operate a vehicle safely. Where differences emerge are over the most effective policy to achieve this widely shared outcome, which I think we can all agree remains a national challenge. According to the National Survey on Drug and Health Use-- Drug Use and Health, excuse me, approximately 10.3 million people have admitted to driving while under the influence of illicit drugs in the past year. The Centers for Disease Control and Prevention report that in 2010, 10,228 people were killed in alcohol-impaired driving crashes, accounting for 31 percent of all traffic-related deaths in the United States. These statistics are alarming and unacceptable. Our Nation must continue reducing the incidents of any drug-impaired driving deaths. A key component to this longstanding effort will be improving our knowledge base through better data and research. With respect to the focus of today's hearing, there's been very limited research actually conducted by the Federal Government addressing the relationship between marijuana usage and driving safety. Reports from the National Highway Traffic Safety Administration conclude that THC, the psychoactive ingredient in marijuana has dose-related impairing effects on driving performance. For example, NHTSA has previously reported, quote, ``the impairment manifests itself mainly in the ability to maintain a lateral position on the road, but its magnitude is not exceptional in comparison with changes produced by many medicinal drugs and alcohol, yet NHTSA also found that marijuana intoxication is short-lived. Peak acute effects following cannabis inhalation are typically achieved within 10 to 30 minutes, with the effects dissipating quickly after about an hour. According to NHTSA, drivers under the influence of marijuana retain insight in their performance and will compensate when they can, for example, by slowing down or increasing effort. As a consequence, THC's adverse effects on driving performance appear relatively small,'' unquote. Meanwhile, the National Transportation Safety Board held a public forum to discuss the most effective data-driven, science-based actions to reduce accidents resulting from substance impaired driving. In May 2013, it released a safety report entitled, Reaching Zero: Actions to Eliminate Alcohol- Impaired Driving, in which it reiterated a recommendation from NHTSA to develop a common standard of practice for drug toxicology testing. Scientific analysis and technological advances have standardized the use of a breathalyzer and the 0.8 percent blood alcohol concentration limit to determine alcohol intoxication; however, states beginning to implement marijuana decriminalization, and there are now 22 of them plus the District of Columbia, must act swiftly to address the fact that there really is no legal limit set for driving under the influence of marijuana as there is with alcohol. For instance, field sobriety tests may be accurate and effective in detecting marijuana impairment. A study of the U.K. examining the accuracy of field sobriety tests in gauging the amount of marijuana participants had consumed, concluded that there is, quote, ``a strong correlation between cannabis dose received and whether impairment was judged to be present,'' unquote. Of course, anecdote must not substitute for rigorous scientific data. That's why I believe we must support further research in this field to inform the development of effective public safety policies regulating marijuana and my friend, Dr. Fleming, and I had a discussion at one of our hearings on this very matter, and I think we agree that that has to be the basis for moving forward, it's got to be based in science, and we need more of it. My concerns over the ineffectiveness of our Nation's existing Federal policy of absolute marijuana prohibition is no more of an endorsement of its recreational purposes use than opposing prohibition of alcohol is an endorsement for drunk driving. Our Nation proved with respect to policies regulating the use of other potentially harmful substances that discouraging the inappropriate use of drugs need not, and perhaps should not, involve total prohibition and criminalization. I've long believed that the Federal Government governs best when it listens and learns from our states, which are the laboratories of democracy. Right now those states are undergoing a great experiment with respect to this subject, and we need to learn from their experience and hopefully emulate them in regulations and policies in the future that address both use, appropriate use, medicinal purposes and, of course, the issue of criminalization. Thank you, Mr. Chairman. Mr. Mica. Thank the gentleman. Mr. Mica. And I recognize now Mr. Fleming, if he had an opening comment. Mr. Fleming. Thank you, Mr. Chairman. I would like to thank Chairman Mica and the other members of the Government Operations Subcommittee for allowing me to participate in today's hearing. I would also like to thank the chairman for holding this series of hearings that are so vitally important. You know, it took us centuries of alcohol in our culture and it took a new organization, a then new organization, Mothers Against Drunk Driving, to realize that we were losing Americans wholesale, by the tens of thousands as a result of driving under the influence of alcohol. It took us approximately 400 years to figure out that tobacco was similarly killing tens of thousands of Americans every year. In fact, as early as--or as recently as the early 1960's, there were commercials in which doctors were actually recommending certain types of cigarettes, saying that it was good for your throat. I worry that we're not, in fact, in the same situation in this case when it comes to marijuana. Drugged driving is a serious problem. According to the statistics compiled by the 2012 National Survey On Drug Use and Health, about 10.3 million people 12 and over reported driving while under the influence of an illegal drug. Marijuana's active ingredient, THC, is the most common drug found in drivers and crash victims alike. Studies indicate that between 4 to 14 percent of drivers involved in accidents, fatal or otherwise, had THC in their system. Marijuana decreases a driver's response time, awareness and perception of time and speed, all of which are necessary for safe driving. Another concern of mine is the combination of drugs and alcohol. You see, whenever you hear this debate, you often hear that marijuana is innocuous to begin with, and number two, it's either or: either someone smokes marijuana or they drink alcohol. That's not the way it works. Individuals who are driving under the influence of marijuana will have little inhibitions for drinking beer and alcohol and other substances as well, smoking a joint behind the weed or whatever it takes to get high or feel good. The Rocky Mountain High Intensity Drug Trafficking Area, which works closely with the White House's National Drug Control Strategy, is collecting data on the impact of Colorado's legalization of marijuana. An August 2013 report indicated that in 2006, Colorado drivers testing positive for marijuana were involved in 28 percent of fatal drug-related vehicle crashes. That number increased to 56 percent by 2011. And understand that in states that are decriminalizing and legalizing marijuana, and certainly we know from NIDA, who's done some work on this, that as marijuana is de-stigmatized, as a threat to use is reduced, that use goes up, it finds its way into homes, into candy, into cookies and baked goods, and once it gets there, it finds its way into the brains of teens. And we know from statistics that marijuana has a 9 percent addiction rate among adults, but those who start as teens, that rate doubles to one in six. So it's very important what's happening in these states who are legalizing and even decriminalizing or medicinalizing marijuana. This Year's Rocky Mountain HIDTA report on 2012 data is also very alarming. Using data from the National Highway Safety Administration Fatality Analysis Reporting System, FARS, this year's report, due out in October, will show that between 2007 and 2012, while Colorado's overall traffic fatalities decreased by 15 percent, over that same time, marijuana-related fatalities increased 100 percent. Earlier this year, the University of Colorado released a study confirming that Colorado drivers are testing positive for marijuana and involved in fatal accidents is on the rise. There is no hard and fast way to determine whether an individual is driving under the influence and there's yet to be established a uniform amount of marijuana which constitutes drugged driving, and that is very important, because, you see, in the case of alcohol, when you arrest someone for--if they've not been in an accident, you just caught them driving under the influence, with so many episodes of that arrest, that person loses their license, they're taken off the road. That's not happening with marijuana. We don't have a way to do that yet. While driving under the influence is unquestionably a problem, it is also concerning that pot smoking American youth may also have trouble finding a job. This is especially true in the transportation arena. The U.S. Department of Transportation requires mandatory drug testing on pilots, air traffic controllers, railroad employees and commercial drivers, and that can include buses, it can include 18 wheelers, anything that requires a CDL license. These individuals are responsible for numerous lives, and it's critical that they are and remain drug free. Marijuana will also become more pervasive as states continue to embrace permissible laws on medical marijuana, and the recreational use of marijuana in kids and youth will have easier access to a dangerous, addictive drug and, again, back to the medicinal marijuana, there's no reason why we can't use components of marijuana for disease treatment. Right now we already have Marinol, which is a Schedule III, can be used under the monitoring and observation of a physician, closely monitored at the dosage precisely prescribed, and can be done safely, just like hydrocodone. It has the same activity and benefit that the plant marijuana has. It is a synthetic THC. We have that already. There is some claim that there are extracts, oils extracts of cannabis that can be used to treat certain rare seizures in children. Well, it has little or no THC activity. There's no reason why that--and it's under fast track FDA approval right now. There's no reason why that can't be taken out as well, but there's no reason to de-schedule or to make legal marijuana, which is now Schedule I, for those purposes. All of those things can be done without reducing the schedule or to legalize the marijuana plant itself. Mr. Chairman, it's no surprise to you or to anyone here that I am opposed to the legalization of marijuana. What is surprising, however, is that the New York Times editorial board is fully supportive of the legalization of marijuana. Mr. Chairman, I have two response pieces to the New York Times that I would like to submit for the record, one from the White House Office of National Drug Policy and another opinion piece by Peter Wehner published in The Wall Street Journal on Tuesday. Legalization is not the answer nor is it a prudent decision for America. Marijuana remains a dangerous, highly addictive drug. Even science will tell you that. Thank you, and I yield back. Mr. Mica. Without objection, both of those articles, statements will be made part of the record. Mr. Mica. There being no further opening statements, members may have 7 days to submit opening statements for the record. Mr. Mica. Now let me proceed and recognize our first panel. The first panel consists of Christopher A. Hart, and he's the acting chairman of the National Transportation Safety Board; Mr. Jeff Michael is the associate administrator for research and program development at the National Highway Traffic Safety Administration; Ms. Patrice Kelly is acting director for the Office of Drug and Alcohol Policy and Compliance at the Department of Transportation; and Mr. Ron Flegel is the director for the division of workplace programs at the Center for substance abuse prevention at the Substance Abuse and Mental Health Administration. I welcome all of our panelists. This is an investigative and oversight subcommittee of Congress. We do swear in all of our witnesses. If you'll stand, please, raise your right hand. Do you solemnly swear or affirm that the testimony you're about to give before this subcommittee of Congress is the whole truth and nothing but the truth? All of the witnesses, the record will reflect, answered in the affirmative. Welcome them again. And I gave misinformation on a statistic, and I didn't realize it until after I said it, and I want to clarify that for the record. I said nearly a quarter of a million people had been killed in the last dozen years on our highway. It's nearly a half a million people, a half a million people. Think about that. And half of those people died, that's nearly a quarter of a million, with either alcohol or some substance in their system. I'll get the exact numbers and we'll put them in the record, but I didn't give the rest of the story, as Paul Harvey would say. Mr. Mica. With that correction for the record, let me first welcome and recognize Mr. Hart. Welcome, and you're recognized, sir. WITNESS STATEMENTS STATEMENT OF THE HON. CHRISTOPHER A. HART Mr. Hart. Good morning, Chairman Mica, Ranking Member Connolly, and members of the subcommittee. Thank you very much for inviting the NTSB to testify today. The subcommittee's focus on Federal marijuana policies affecting transportation is very timely. We've been working extensively for many years to address alcohol use by drivers, which you've heard about already in the opening statements, but that still kills almost 10,000 people every year on our highways. Now we're becoming more concerned that our investigations also illustrate the problems of marijuana use in transportation operations. Among the more egregious drug-involved accidents that are listed in my written testimony are a recreational boating accident in Ponte Vedra, Florida, that killed five, a daycare van driver in Memphis, Tennessee, who was high and crashed, causing five deaths, and a railroad accident in Chase, Maryland, that killed 16 that's already been referred to. But we don't have a good idea of the number of drug-related transportation fatalities. We're not surprised about the growing evidence of drug use by drivers, pilots and others, however, given that as we have heard, many states have authorized medical marijuana programs and two states have decriminalized recreational use of the drug. In addition, recent news reports have noted pressure to decriminalize marijuana at the Federal level as well. Perhaps most disturbing, as we've heard mentioned in the opening statements, is evidence that marijuana use among teenage drivers is increasing and their perceived risk of marijuana use is decreasing. In 2013, we completed a year-long review of substance- impaired driving, which included drug use and we concluded that there is not enough data on drugged driving. Consequently, we asked NHTSA to establish guidelines for collecting this data to enable policy makers to make more informed decisions regarding how to address this important issue, and we understand that NHTSA is working on this recommendation. Lack of data about drug impairment is not only a problem in highway accidents, but also in other transportation modes. In general aviation, our investigators sometimes see evidence of drug use by pilots who are involved in accidents. So we've decided it was time to look at this issue in greater detail. In September, we will meet to discuss drug use in general aviation by examining toxicology testing results conducted on fatal injured general aviation pilots. We will look at over-the- counter, prescription, and illicit drugs in pilots. We are missing important data on the role of illegal drugs, and not only that, but the public is pretty much unaware of important information about how legal drugs may also affect their performance. We will also examine drug use in general aviation pilots as compared to trends observed in the U.S. Population in general. Information that we obtain in this September meeting will help us evaluate whether there is a need for additional recommendations or other advocacy efforts on our part. Fortunately, shifting state laws have not resulted in changes in illegal drug use policies for commercial operators. You'll hear on this panel today that the Department of Transportation has stated that it continues to have a zero tolerance policy for drug use, illegal drug use by commercial operators, and the NTSB fully supports that policy. What is clear is that operator impairment places the public in jeopardy. Impaired drivers share the roadways with other drivers, impaired pilots share the air space with other pilots. Impaired mariners share the seas with other mariners. And across all modes, many operators have passengers that may be placed at risk. Too many people died on our roadways from alcohol-impaired driving before strong action was taken to combat it. That strong action has reduced fatalities tremendously, but there are still too many alcohol-related deaths, and every one of them is entirely preventable. Hopefully, we will not wait for more people to die from drug-induced transportation accidents before we take strong and decisive action. Hearings like this one today will help inform policymakers on the issues that so that effective laws can be crafted, strong enforcement can be implemented, and robust education efforts can be accomplished in all modes of transportation, and we look forward to working with you to draw more attention to this issue. Again, thank you for inviting me to testify. I look forward to responding to your questions. Mr. Mica. Thank you. And we will withhold questions until we've heard from everyone. [The prepared statement of Mr. Hart follows:] [GRAPHIC] [TIFF OMITTED] T9703.001 [GRAPHIC] [TIFF OMITTED] T9703.002 [GRAPHIC] [TIFF OMITTED] T9703.003 [GRAPHIC] [TIFF OMITTED] T9703.004 [GRAPHIC] [TIFF OMITTED] T9703.005 [GRAPHIC] [TIFF OMITTED] T9703.006 [GRAPHIC] [TIFF OMITTED] T9703.007 [GRAPHIC] [TIFF OMITTED] T9703.008 [GRAPHIC] [TIFF OMITTED] T9703.009 [GRAPHIC] [TIFF OMITTED] T9703.010 [GRAPHIC] [TIFF OMITTED] T9703.011 [GRAPHIC] [TIFF OMITTED] T9703.012 [GRAPHIC] [TIFF OMITTED] T9703.013 Mr. Mica. And now let me recognize Jeff Michael, who's with the National Highway Traffic Safety Administration. You're recognized. STATEMENT OF JEFFREY P. MICHAEL Mr. Michael. Good morning, Mr. Chairman, Ranking Member Connolly, and members of the subcommittee. I appreciate this opportunity to testify before you today on the National Highway Traffic Safety Administration's research on drugged driving. NHTSA takes tremendous pride in our 40-year record of protecting Americans by partnering with states to enforce strong highway safety laws and by working to make vehicles safer. Since 1970, highway fatalities have declined by 36 percent, traffic deaths have fallen by 22 percent just in the past decade, but with more than 30,000 fatalities on America's roadways each year, we must continue looking at new and innovative ways to save lives. Working with our state partners and other safety organizations, we've made substantial progress with critical safety behaviors, including drunk diving, seatbelt use, and have applied the same successful approaches to emerging concerns, such as distracted driving. The legalization of marijuana under state laws poses new concerns, and we are actively working from our foundation of experience to understand these risks and develop appropriate countermeasures. Available evidence indicates that alcohol is the most common source of driver impairment. In 2012, more than 30 percent of all traffic deaths involved a driver with blood alcohol level at or above the legal limit. With more than 40 years of research, several decades of data collection and a well established criminal justice process, traffic safety professionals have a good understanding of the scale and the nature of the drunk driving problem. Much more research is needed to gain a good understanding of the effects of drugs other than alcohol on safe driving. In 2007, we obtained the first nationally representative information on the prevalence of drug use by drivers by including drug testing in our national roadside survey. Although this survey had been used to track driver alcohol use for several decades, this was the first time that information on drug use was collected. This survey, based on information from voluntary and anonymous participants, found that about 12 percent of weekend drivers were alcohol positive and about 9 percent were marijuana positive. We repeated the national roadside survey in 2013, and we are in the process of analyzing those data. To understand how state level legalization might affect the prevalence of marijuana by drivers, we partnered with the State of Washington, at their invitation, this spring to conduct a similar roadside survey. This is a two-phase study that will assess the change in marijuana use by drivers before and following the date at which the state allowed retail sale of the drug. In addition to prevalence research, we also need information on the degree of risk associated with drug use. We are in the process of completing a new study which compares the crash risk of drivers using drugs to those with no drugs in their system. This is the first such investigation of drug- crash risk in the United States, and more research of various types will be needed to get a full understanding of the role of drugs in crashes. As we prepare to release the results of this new study, we plan to reach out to stakeholders, including committee staff, to inform them of the findings. Strong laws and law enforcement are cornerstones of our efforts to address alcohol-impaired driving, and we are looking to the same solutions for drugged driving. We worked closely with the law enforcement community to develop a network of more than 7,000 drug recognition experts across the Nation. These trained officers can significantly facilitate the successful prosecution of drugged driving cases. We are also looking closely at procedural barriers to effective drugged driving law enforcement, and recognize the challenges presented by drug testing methods. While the prosecution of alcohol-impaired driving cases is complex, evidential testing for alcohol can typically be done at the jurisdiction by local officials with a moderate amount of training. Testing for drug presence among suspected impaired drivers is often far less convenient, requiring that a blood sample be drawn, sent to a remote lab for analysis by highly trained personnel. The cost and delay of such testing can be a disincentive for criminal justice officials to pursue a drugged driving charge. In conclusion, NHTSA's committed to reducing both alcohol and drug-impaired driving, we support the development of effective education enforcement programs with guidance for state officials based on sound research. Much progress has been made, however, impaired driving still claims more than 10,000 lives per year. Thank you again for inviting me to testify before your committee, and I'm happy to take any questions you may have. Mr. Mica. Thank you. [The prepared statement of Mr. Michael follows:] [GRAPHIC] [TIFF OMITTED] T9703.014 [GRAPHIC] [TIFF OMITTED] T9703.015 [GRAPHIC] [TIFF OMITTED] T9703.016 [GRAPHIC] [TIFF OMITTED] T9703.017 [GRAPHIC] [TIFF OMITTED] T9703.018 [GRAPHIC] [TIFF OMITTED] T9703.019 [GRAPHIC] [TIFF OMITTED] T9703.020 [GRAPHIC] [TIFF OMITTED] T9703.021 [GRAPHIC] [TIFF OMITTED] T9703.022 [GRAPHIC] [TIFF OMITTED] T9703.023 [GRAPHIC] [TIFF OMITTED] T9703.024 [GRAPHIC] [TIFF OMITTED] T9703.025 [GRAPHIC] [TIFF OMITTED] T9703.026 [GRAPHIC] [TIFF OMITTED] T9703.027 [GRAPHIC] [TIFF OMITTED] T9703.028 [GRAPHIC] [TIFF OMITTED] T9703.029 Mr. Mica. And we'll now hear from Ms. Patrice Kelly, and she's acting director of the Office of Drug and Alcohol Policy at the department--Compliance at the Department of Transportation. Welcome, and you're recognized. STATEMENT OF PATRICE M. KELLY Ms. Kelly. Thank you, Chairman Mica, Ranking Member Connolly, members of the subcommittee. I appreciate the opportunity to appear before you to discuss the potential impacts on commercial transportation of recent state and local legislation that allow recreational and medicinal marijuana use. The transportation industry drug and alcohol testing program for commercial operations is a critical element of the Department of Transportation's safety mission. Airline pilots, truck drivers, subway operators, mariners, pipeline operators, airline mechanics, locomotive engineers, motor coach drivers and school bus drivers, among others, have a tremendous responsibility to the public, and we cannot let their performance be compromised by drugs or alcohol. Today I will provide you with a brief history of our program, the scope of its application, and finally, an explanation of our policy regarding the use of marijuana for medical or recreational purposes by individuals who work in federally-regulated transportation industries. The DOT drug and alcohol testing program was first established in 1988 following the Department of Health and Human Service's development of drug testing in alcohol--drug and alcohol testing for Federal employees. The DOT program was initiated in response to transportation industry fatal accidents that occurred due to illegal drug use. In 1991, Congress enacted the Omnibus Transportation Employee Testing Act, OTETA, which required the DOT to expand the application of its program to include mass transit, and modify its regulations to address the statutory requirements. The DOT program always has required transportation industry employers to have drug and alcohol testing programs that require their employees to be removed from performing safety sensitive duties immediately if they have drug or alcohol violations. Throughout the history of our program, and consistent with Congress's direction in OTETA, we have relied on HHS for its technical and scientific expertise for determining the types of drugs for which we test, the testing methodology we must use in our program, and the integrity of the HHS certified laboratories in testing the specimens and reporting the results. We are limited to testing for the controlled substances included in the HHS mandatory guidelines. Currently, those substances include Schedule I, illegal drugs, and Schedule II, legally prescribed drugs. The drugs and classes of drugs for which we test are cocaine, opiates, amphetamines, phencyclidine and marijuana. If an employee tests positive for any of those substances, the employer must take immediate action to remove the employee from performing safety sensitive duties until that employee successfully completes treatment and additional testing. Currently there are approximately 5 million DOT-regulated safety sensitive employees that are subject to our drug and alcohol testing program. The Department's policy on the use of Schedule I controlled substances has remained unchanged since our program began in 1988. There is no legitimate explanation, medical or otherwise, for the presence of a Schedule I controlled substance, such as marijuana, in an employee's system. In December 2009, following the Department of Justice's issuance of guidance for Federal prosecutors in states that enacted laws authorizing the use of medical marijuana, we issued a reminder to our regulated entities that under the DOT testing program, medical marijuana use authorized under state or local law is not a valid medical explanation for transportation employees' positive drug test results. Although there has been recent movement by some states to allow recreational use of marijuana by their citizens, the DOT program does not and will not authorize the use of Schedule I controlled substances, including marijuana, for any reason by any individual conducting safety sensitive duties in the transportation industry. In December of 2012, we issued a notice explaining that state and local government initiatives allowing the use of recreational marijuana will have no bearing on the Department of Transportation's drug testing program nor any individual subject to testing. It remains unacceptable for any safety sensitive employee subject to the DOT's drug testing regulations to use marijuana and continue to perform safety sensitive duties in the federally regulated transportation industries. Chairman Mica, this concludes my testimony. I would be happy to answer any questions you or your colleagues have. Mr. Mica. Thank you. And we'll hold questions. Mr. Mica. Ron Flegel is the director for the Division of Workplace Programs at the Center for Substance Abuse Prevention, at Substance and Abuse Mental Health Administration. Welcome, and you're recognized. STATEMENT OF RONALD FLEGEL Mr. Flegel. Thank you. Good morning, Chairman Mica, Ranking Member Connolly, and distinguished members of the subcommittee. My name is Ron Flegel and I am the director of division of workplace programs at the Center of Substance Abuse Prevention within the Substance Abuse and Mental Health Service Administration, or SAMHSA. It's an agency of the Department of Health and Human Services. I am pleased to speak with you this morning about SAMHSA's role as it pertains to the issue of drug testing for marijuana, particularly as it relates to drugged driving. SAMHSA's mission is to reduce the impact of substance abuse and mental illness on America's communities. SAMHSA strives to create awareness that behavioral health is essential for health, prevention works, treatment is effective, and people recover from mental and substance use disorders. Driving under the influence of drugs or alcohol continues to pose a significant threat to public safety. The administration has focused on four key areas to reduce drugged driving: increased public awareness, enhancing legal reforms to get drugged drivers off the road, advancing technology for drug tests and data collection, and increasing law enforcement's ability to identify drugged drivers. These efforts remain the administration's focus for the upcoming year. SAMHSA has several roles as it pertains to the issue of drugged driving. We conduct surveillance through the National Survey on Drug Use and Health, as said today; we provide funding for drugged driving prevention efforts; offer technical assistance about prevention of drugged driving to grantees and the general public; and evaluate grantees that are focused efforts on the problem. SAMHSA administers the Federal Drug-Free Workplace Program, which includes the random testing of national security, public health and public safety positions within the executive branch agencies. Currently, nine states are focused on drugged driving prevention efforts using SAMHSA's grant funds. SAMHSA also provides state-of-the-science training and technical assistance to states and communities, and thus addresses drugged driving if states and communities choose to make this a focus of their efforts and/or if the data suggests that drugged driving is an issue in their state or community. SAMHSA's Division of Workplace Program has a unique and nationally important regulatory role and technical assistance role and responsibility for Federal and non-Federal workplaces with respect to their drug-free workplace policies and programs. DWP has oversight responsibility of the HHS certified laboratories operating under the mandatory guidelines for Federal workplace testing program requirements. The HHS certified laboratories conduct forensic drug testing for Federal agencies under Executive Order 12564, and the Federal drug-free workplace program issued by President Reagan in 1986, and the Supplemental Appropriations Act of 1987, public law 100-71, as well as specific federally-regulated industries. The Federal drug-free workplace program was established as a deterrent program incorporating detection as well as referrals for treatment as needed for Federal employees in safety sensitive positions, while protecting national security and public safety. Public law 100-71 directs HHS to publish mandatory guidelines using the best available technology to ensure the reliability and accuracy of drug tests and to specify the drugs for which Federal employees may be tested; hence, the mandatory guidelines established the scientific and technical guidelines for Federal drug testing programs and established standards for certification of laboratories engaged in drug testing for Federal agencies and the regulated industries. Currently, 157 Federal agencies are affected by the guidelines based on public law and executive order. The executive order covers approximately 2.2 million executive branch employees and job applicants. The Department of Transportation and Nuclear Regulatory Commission utilize the SAMHSA guidelines in their regulatory testing programs requiring testing of over 5 million safety sensitive employees and applicants in DOT-regulated transportation related industries nationally, and an additional 2 million employees and applicants in the nuclear industry. In the private, non-regulated sectors, we have approximately had 20 to 50 million Americans that are tested as applicants or employees using some aspect of SAMHSA's guidelines. Currently, urine is the only specimen a Federal agency may collect under the guidelines for its workplace drug testing program. A Federal agency must ensure that each specimen is tested for marijuana and cocaine metabolites and is authorized to test each specimen for opiates, amphetamine and phencyclidine. The SAMHSA guidelines are specific to testing of Federal employees for the purpose of workplace settings and do not directly govern issues related to drugged driving, however, the revised guidelines may impact testing for drugged driving through the provisions of scientific standards for oral fluid testing. The proposed revisions of the mandatory guidelines are still being finalized and will be posted in the Federal Register for public comment once completed. As I stated at the opening of my testimony, the issue of drugged driving continues to be a priority for SAMHSA and the administration. SAMHSA, along with other Federal agencies, continue to collaborate with state and local governments, non- governmental organizations and Federal partners to raise awareness of the dangers of drugged driving and meet the president's goal of reducing drugged driving in America. The Administration continues to advance the work on this important issue, and we look forward to continuing to work with Congress on these efforts. Chairman Mica, thank you for this opportunity. I welcome any questions from you or your colleagues may have. Mr. Mica. Well, thank you. [The prepared statement of Mr. Flegel follows:] [GRAPHIC] [TIFF OMITTED] T9703.034 [GRAPHIC] [TIFF OMITTED] T9703.035 [GRAPHIC] [TIFF OMITTED] T9703.036 [GRAPHIC] [TIFF OMITTED] T9703.037 [GRAPHIC] [TIFF OMITTED] T9703.038 [GRAPHIC] [TIFF OMITTED] T9703.039 [GRAPHIC] [TIFF OMITTED] T9703.040 [GRAPHIC] [TIFF OMITTED] T9703.041 Mr. Mica. Thank each of our witnesses. And we'll start a little round of questions. Just, again, to give folks the most accurate information on the number of highway fatalities, from 2001 to 2012, and this doesn't include 2013, but during that dozen years that I spoke of, 468,743 highway fatalities. That's nearly half a million people and I'm sure if we include 2013, we would top that. That's just a phenomenal devastation and that's fatalities; that's not injuries, property damage and everything that has gone. Everyone in this room can probably name someone who's died or a family member in an automobile fatality. And, again, with the changing laws, there are significant consequences. So, Mr. Hart, again, where do you see us going as far as reaching some positive steps in, one, containing the issue, then also adjusting our Federal laws, our regulations, adopting standards for tests, the whole spectrum of addressing these changing laws? Maybe you could comment generally. Mr. Hart. Thank you for the question. As the accident investigators, when we investigate accidents and see indication of impairment, as we have in every mode, then we're very concerned about the need for strong and decisive action, and typically that will mean, as you've heard from the other panelists, strong legislation, strong enforcement, and good education, and in addition, we are look at technologies to help us with the detection, so we see that--that needs to be---- Mr. Mica. Some of that has to be based on data. Some of what we have is really not that up to date. And I think Mr. Michael testified they started collecting some data as recently as 2007, and then you said 2013 data we had collected, which we're going the do a comparison of is--but that has not been calculated, and when do you expect us to have that data? Mr. Michael. That is correct, Mr. Chairman. We have collected information in 2007 about the presence of drugs, and specifically marijuana among drivers on the roadway, and we repeated that same data collection during 2013. We are now analyzing that, and it will be compared. Mr. Mica. But what--my question was when will we see that completed? Mr. Michael. We expect to have that information, sir, by the end of the year. Mr. Mica. Okay. Well, if you could check even closer and advise the committee and staff, maybe we could ask that question. I would like to find out when we'll have that data. Now, the next thing that comes to mind is, most of the 23 states, my state may follow, Florida has an initiative referendum coming in and other entities, state entities that may change their laws. Do you plan or will there be a plan to check some of these states? Now, Florida will change the law possibly and others have already changed the law. Some have changed the law for some time. I'm getting back reports on California that a news reporter told me he went out and he said it's a whole different world in the uses. Again, much more dramatic than you would expect. It's not just medical marijuana use but it's spread, and he was telling me, just the societal change and behavioral change. So it's having impact, but I think we need to look at doing testing. Those are the medical marijuana states, and each one of the languages may be a little bit different allowing more latitude, but then you have Colorado, which we have had some experience to date, but I think we ought to go in and look at Colorado. Washington is more recent, but where you have a change in law, if its medical marijuana, and again changes brought about by that law, and then you have a much more lax use or legalization as you have in Colorado, do you have plans to go in and do some testing there? Mr. Michael. Yes, sir. We are working with the State of Washington currently and using the same roadside data collection process that we've used across the country looking specifically at Washington before and after their legalizing the sale of marijuana to assess what effect that may have with the levels of use on the roadway. Mr. Mica. Okay. Well, again, I think we need accurate data, and then we need to adopt our Federal regs and get to Ms. Kelly now. You have a whole host of areas in which we do some testing but most of the testing is periodic, is it not, for marijuana use? Ms. Kelly. Our program covers preemployment testing to start with, so before someone enters---- Mr. Mica. Right. But then actually---- Ms. Kelly. --the industry, and then random, and then there is reasonable cause testing. There is post-accident testing, and then if someone is being positive, then follow up. Mr. Mica. The other thing, too, again, in some of these states--and the marijuana medical use, there is, again, different language and it's allowed more latitude in some states and people have taken advantage of that. Are you going in and doing more testing say in Colorado or Washington? For example, pilots would be more exposed, commercial drivers would be more exposed. In states where you have, again, the possibility of--with liberalization of the law, are we taking some steps to try to ensure the safety of the public and again the transportation mode? An airline pilot, a commercial one can be taking a couple of hundred people in the air, passenger rail. We didn't get into, in our headline here, pipeline safety or maritime or others, but they all pose different risks. Tell us where you're going with these modes that put public safety at risk? Ms. Kelly. Well, we do feel that our program is effective, and the way our program is structured through the regulation-- -- Mr. Connolly. Ms. Kelly, could I ask you to put that microphone closer to you. Thank you. Ms. Kelly. Yes, sir. Thank you. Under the regulations, our program is administered through the individual employers. Mr. Mica. But it's historic and it's been developed, but it was--and it's applied, but it is--you're mostly talking in terms of how things have in the past or---- Ms. Kelly. Uh-huh. Mr. Mica. But not how things are most recently and where we're going with this. Ms. Kelly. We don't conduct the testing ourselves. Mr. Mica. Yeah. Ms. Kelly. We require the employers to conduct it. Mr. Mica. Right. Ms. Kelly. And so many of our employers are nationwide employers. Mr. Mica. Have you changed any of those requirements? Ms. Kelly. No, sir, we have not. We have maintained under the regulation, the random testing---- Mr. Mica. It's same old, same old, but see, that's my point is I think we're--you have to go to risk based when you're doing most of these approaches to try to ensure safety, and preemployment is one, we've done that in the past, we're doing that. Now, we have a new situation with much more of this available narcotic on the market, and we've seen an increase in use just by the statistics that were presented by some of the panelists today. But are you adapting the Department of Transportation regulations or advisories to where we see the most risk? Okay. We've got FAA, we've got Federal Railroad Administration, we've got National Highway Safety. Tell me if there have been any changes in directives in the last 24 months? Ms. Kelly. There have not been any changes to our random testing rates, but many of our employees are interstate, and so if a pilot flies in and out of Denver, doesn't mean necessarily that he or she lives anywhere near Denver, so many of our employees throughout the different modes of transportation are not purely in one state. They operate cross states and---- Mr. Mica. Well, again, I think we need to be a little bit preemptive in DOT in protecting people. I had dinner the other night with a friend from Florida and asked him what he was going to do for a vacation. He says, well, we're putting it off a little and we're going to go skiing, and he said--he said-- this is just in conversation. He said we had planned to go to Colorado, he says, but the last thing I want to do is take my three kids out there and have somebody stoned, you know, posing a risk to him. He's going to Utah. I mean, not just---- Mr. Connolly. No risk there. Mr. Mica. There will never be any risk in family friendly Utah, but I mean, that's one change a father in behavior. We are responsible for the safety of the public. You're responsible for administrating rules, regulation that impact pilots who carry passengers, trains--I mean, I showed that one crash, 25 people killed, and that's before some of these changes in law are granted, so--and we've seen that, again, incidents of use, whether it's young people or older, is more so. You've told me there aren't any changes, and I want to get--we'll get a message to Mr. Fox and others that we do need to look at adapting this. We also need to get the data. Maybe there isn't the problem that is perceived, and the data would support that. Maybe it's worse than what we imagine, but we need to know. We need to act based on facts and act based on risk and preempt as much, as you can, bad effects on the general public and their safety. Ms. Kelly. Well, and the data is a good point, sir. We collect data from the laboratories, the laboratory confirmed positives, and we've been doing that every 6 months in our office with Aggregate National Data, but what we've seen so far since 2008 is a steady rate of marijuana positives ranging between 21,000 to 22,000 out of roughly 2.5 to 3 million employees tested each 6-month period, so we have seen those numbers remain the same across the nation. Again, as it comes in as Aggregate. Mr. Mica. Again, I think it's important, too, that we look from a safety standpoint. I'm not selling any products, but this is the only one I found available, this particular European model for testing, and again, this swabs, can be used on site. I don't know if we're looking at these, using this kind of a test for truck drivers, train drivers, you know, where we're doing spot checking. We're not doing it--using anything like this now, are we? Ms. Kelly. We're required by the statute, the Omnibus Transportation Employee Testing Act to follow the science as it's developed by the Department of Health and Human Services and implemented through the mandatory guidelines, so we look to---- Mr. Mica. But we have none of the--this is not accepted yet, Mr. Flegel, is it? Mr. Flegel. Currently we are looking at having the oral fluid standards come out and then be implemented public. Mr. Mica. And is that--and ITSA, or whatever it is. Mr. Flegel. No, this would be through the mandatory guidelines. Mr. Mica. Okay. Mr. Flegel. Right, and---- Mr. Mica. But at least they're involved in setting standards; is that correct? Mr. Flegel. We actually set the mandatory guideline testing cutoff---- Mr. Mica. Okay. Mr. Flegel. --and standards. So, once those standards are out to the public and be commented, we would like to evaluate all these devices. Mr. Mica. Can you give us, the committee, a chronological estimate as to when you're going to complete, again, your--what you're saying here before the committee, because dealing with some of the standards, I just pulled down the national standards and testing bill a couple of weeks ago, or within the last 2 weeks just because they had jerked us around for 10 years on a biometric standard for an iris I.D. and they promised and promised and not performed. I don't want to be coming back to a hearing saying where are they, we are developing these things. We need some Federal standards and we need also new tests that have acceptable standards to evaluate people who are on the job in transportation and make certain the public is safe. Do you see my point? Mr. Connolly. Mr. Connolly. Thank you, Mr. Chairman. By the way, I know the chairman did not mean to suggest in any way that Colorado is not a safe place to go skiing. His friend at dinner may have a private view. I'm sure there are wonderful reasons to go to Colorado and Utah and anywhere else one wishes to ski, and I know my Colorado colleagues who aren't here would want me to say that, so I'm sure you didn't mean to suggest that, Mr. Chairman. Mr. Mica. No. Maybe he could stay home in Florida or go to---- Mr. Connolly. Right. Mr. Mica. Go to Virginia. Mr. Connolly. Florida and Virginia, however, obviously are better. Mr. Hart, there is legislation with respect to pilot licensed medical certification here in the Congress that would actually no longer require medical certificates for pilots whose craft carries up to five passengers. Are you aware of that legislation? Mr. Hart. Yes, I'm aware of that legislation. Mr. Connolly. And what do you think about it? Mr. Hart. Well, we are very concerned about pilots flying without, you know, inadequate medical standards. Mr. Connolly. Right. Mr. Hart. But we based our what we--our policy based on what we see in accidents, and so far we haven't seen enough accidents to warrant an agency position on it yet, but we are very concerned not only about not having to have a medical, but then, in addition to that, if you don't have a medical, you are less likely to pay attention to the FAA's list of prohibited legal drugs as well as obviously the illegal drugs---- Mr. Connolly. Right. Mr. Hart. --but also the legal drugs, and we're concerned that that list will not be paid attention to by people who don't have a medical certificate. Mr. Connolly. It just strikes me as very odd. Here we are having a hearing on, you know, the utilization and potential harmful effects of any kind of drug or controlled substance in the operation of any kind of vehicle and meanwhile there is apparently legislation that would exempt a class, a subclass of people who fly airplanes, and I can't believe for a minute that if we really are concerned about the use of marijuana or any other drug, that we would ever countenance legislation like this. I cannot believe that that could come to any good, so I encourage you, Mr. Hart, and your colleagues to re-examine that legislation and hopefully take a position on it because it seems to contradict everything we're talking about this morning at this hearing. Mr. Hart. We will certainly pay close attention to that in our future accident investigations. Mr. Connolly. Thank you. Dr. Michael, I was just thinking about, talking about driving while impaired and things that we discourage. For example, we're worried about THC, but I mean, texting while driving, bad idea? Mr. Michael. Of course, sir, very bad idea. Mr. Connolly. Kills people? Mr. Michael. Of course. Mr. Connolly. Do we have data on it? Mr. Michael. Yes, we do. Mr. Connolly.How many people were killed on the roads last year texting while driving? Mr. Michael. Distraction in general is about 3,000 people. Texting alone is several hundred. Mr. Connolly. Right. Alcohol and driving? Mr. Michael. In 2012, 10,322 people died in crashes in which a driver had a blood alcohol limit above the legal limit. Mr. Connolly. Sleep deprivation? Mr. Michael. Sleep is harder to measure, of course, but we believe it is a significant problem. Mr. Connolly. Would it be fair to say, by the way, that studies on sleep deprivation and driving suggests that sleep deprivation mimics in almost exact detail drinking and driving in terms of impairment? Mr. Michael. At least in some details. Mr. Connolly. Aggressive driving, driving at unsafe speeds? Mr. Michael. As many as a third of crashes are attributed at least in part to excessive speeding. Mr. Connolly. And how many deaths can we attribute to THC in the bloodstream? Mr. Michael. Currently, that's difficult to say, sir. Mr. Connolly. Hmm. I just, fair enough, probably not zero. Mr. Michael. Probably not. Mr. Connolly. But we don't know. Mr. Michael. We don't. We don't have a precise estimate. Mr. Connolly. We do have precise estimates on distracted driving, 3,331. We have precise estimates of drinking and driving, so I just want to put it in context. No one is arguing that it's a good idea, but the fact of the matter is we don't have a lot of data. Now, let me ask. Do we have a standard, if I could borrow your gizmo here for a minute. Mr. Mica. You want to swap? Mr. Connolly. The chairman points out that in parts of Europe they take a swab sample, put it in here and measure THC. Do we have any such device that we use in our law enforcement in the United States? Mr. Michael. Yes. Excuse me, sir. There is some use of devices very similar to that by law enforcement. In fact, we are currently doing a pilot test in California to test the feasibility of more widespread use of devices very similar to that. Mr. Connolly. We have an alcohol standard that blood alcohol above a certain standard, you're in legal jeopardy. Would you remind us what that standard is? Mr. Michael. .08 blood alcohol. Mr. Connolly. And that's a national standard. Mr. Michael. Yes, it is. Mr. Connolly. And accepted by virtually all States? Mr. Michael. That's right. Mr. Connolly. Do we have a comparable standard for THC? Mr. Michael. No, we don't, sir. The available evidence does not support the development of an impairment threshold for THC which would be analogous to that for alcohol. Mr. Connolly. Why is that, Dr. Michael? Mr. Michael. The available evidence indicates that the response of individuals to increasing amounts of THC is much more variable than it is for alcohol, so with alcohol, we have a considerable body of evidence that can place risk odds at increasing levels of blood alcohol content. For example, .08 blood alcohol content is associated with about four times the crash risk of a sober person. The average arrest is .15 THC. That's associated with about 15 times the crash risk. Beyond a--some broad confirmation that higher levels of THC are generally associated with higher levels of impairment, a more precise association of various THC levels and degrees of impairment are not yet available. Mr. Connolly. That's really interesting. So we don't have a uniform standard. The variability is much greater than that with other controlled substances such as alcohol. Mr. Michael. Yeah. Mr. Connolly. We actually can't scientifically pinpoint levels of impairment with any accuracy. We would all concede there's some impairment for some period of time, but it's very variable, and we're not quite sure yet, certainly not sure enough to adopt a uniform standard as to here's the maximum level beyond which we know there's serious impairment? Mr. Michael. That's fair to say, sir. Mr. Connolly. Wow. And that's a substance 1 controlled substance. Well, I think it underscores--your testimony underscores, Dr. Michael, why we need a lot more science here, and I guess what really strikes me is that meanwhile, as I said in my opening statement, the laboratories of Democracy, 22 states plus the District of Columbia, have decided to legalize marijuana in some fashion, most of them for medical purposes, but some of them even for recreational purposes, and meanwhile, at least on a national level, we're not comfortable with the science, and in terms of the impact of THC on operating a vehicle of any kind. Fair statement? Mr. Michael. Yes. And of course, we're pursuing that science. Mr. Connolly. I understand. So, we're pursuing it. Is there a goal or an end, you know, date where we want to achieve so by a certain date we hope to have some preliminary--well, we hope to have the basis upon which to examine or adopt some preliminary standards comparable to other substances? Mr. Michael. We have sponsored some work with standards development with regard to measurement techniques and specific drugs to be measured in--among drivers involved in traffic crashes and also minimum cutoff levels that represent the analytical capabilities of existing technology. Those recommendations have been established. What we lack are a thresholds of impairment that are analogous to .08 BAC. One step that is currently ongoing that will take us well into that direction is the crash risk study that I mentioned in my opening statement. This is the same sort of study that was done for alcohol a number of years ago which established those risk levels that I told you about. So this involves a very careful look at two groups of subjects, one group who has been involved in a crash, another group who has not, and looking for relative concentration levels of factors that might have caused a crash, factors such as THC use. Those kinds of studies can develop the risk odds that could potentially be used to develop a threshold in the future. Mr. Connolly. I thank you, and I wish you luck in your research. I just think it is amazing with some of the hyperventilated rhetoric about marijuana use and THC that 50 years after, I guess it's 50 years we've declared it a class 1 substance, we still don't have enough data to know just how dangerous it is in operating a vehicle. Mr. Michael. That's correct. Mr. Connolly. And that really raises questions about either, you know, the classification itself and whether that makes any sense or raises serious questions about how our Government's operating in terms of the data it does not have and the science it does not know and yet the assertions that we make. And that is not a good recipe for rational public policy, and it's one of the reasons, I suggest, why 22 states have just headed in a different direction, but there's danger in that, too, because they're going in a direction also without the science, and there are lots of complications. The previous hearing we had, and Dr. Fleming and I talked about this, along with the chairman, you know, you've got doctors in States where legalization for medicinal purposes has been granted who, nonetheless, really don't have protocols, really don't have the science to decide on, you know, levels of efficacy, mixing it with other drugs for enhanced efficacy, potential dangers, overdose, whatever, and I just think we're at a point where we've got to get a lot more serious about the science in order to have, to fashion rational public policies, including with respect to transportation safety. I thank you all for your testimony, and Mr. Chairman, again, a thoughtful hearing, and I thank you. Thank you, Dr. Fleming. Mr. Mica. Thank you. Dr. Fleming. Mr. Fleming. Thank you, Mr. Chairman. Mr. Michael, to kind of follow up on some of the question from my good friend from Virginia. We don't have adequate science on the effects of marijuana, THC specifically on the body, and speaking as a physician and someone who's worked in the area of addiction, my understanding of this is that it's a much more complex interaction in physiology between the drug and the body. For instance, we know metabolites remain in the body for after 30 days after use. Much of it is stored in the fat, so fat body content can affect. Would that be a correct assumption on my part that that's really what makes this a more difficult issue in terms of measurement than alcohol? Mr. Michael. Yes, sir. Of course, you're completely right on that. The study of the effect of THC on driving is much more challenging in just about every aspect than that for alcohol. Mr. Fleming. Right. So really it's multidimensional as opposed to alcohol, which you can draw a straight line on the graph, again plus or minus a small tolerance level, .08 is when people become far more impaired, hitting a critical threshold. We just don't know that. Even if it exists in THC, it may be a much smoother graph. Well, given the fact that we have certainly a lack of knowledge of the effects of THC on the body and on the brain and behavior, although we know we have a lot of examples of problems from it, would it lead you to be more restrictive until we get that information or less restrictive in the application and allowance of the use of that drug going forward? Mr. Michael. With regard to use on the roadway, which of course is my major concern, it's the decision of the States how they want to deal with these impairment issues. We've tried to provide them with guidance, with scientific evidence that they can use to support effective policies. We've been able to do that with alcohol, and States have been able to respond very positively to alcohol impairment and drive those numbers down. In 2012, there were just over 10,000 killed in such crashes, 20 years previously, that number was well over 20,000. Mr. Fleming. But I mean, going beyond whether we're talking--comparing THC with alcohol or any other drug, and I'm asking your personal opinion, I'm going to ask the opinion of the rest of the panel members here as well. If you have a drug that you really can't define the effects adequately but we know that it can have serious, in fact, proof that it can actually kill people, does it make sense to be more aggressive in terms of relaxing the standards or does it make sense to be more conservative and wait for that science to develop? Mr. Michael. Well, I think that it makes sense to be very cautious with a policy when the complete evidence is not yet available. Mr. Fleming. Okay. Mr. Hart, what is your opinion, sir? Mr. Hart. As accident investigators, we follow where the accidents take us, and that's the reason that, for example, we did something that was very controversial, which was to recommend that the blood alcohol content number be reduced from .08 to .05 because we know any alcohol is impairing and there is no bright line that says this much is too much, and it's really a policy question of where should it be for legal enforcement. We would have that same approach with respect to any other substance, is that it's kind of wait and see based on our accident experience. Mr. Fleming. So certainly buzzed driving is the same thing as impaired driving. Mr. Hart. That's the slang for it---- Mr. Fleming. Yes. Mr. Hart. --is buzzed driving, that's correct. Mr. Fleming. So whenever there's a question as to being more conservative and more protective and more restrictive, when in doubt, always be a little safer and a little more restrictive, would that be a safe estimate from your opinion? Mr. Hart. Well, we are the safety people, so we would always go in the direction that is for safety. Mr. Fleming. Okay. Very good. I am two for two here. How about you, Ms. Kelly? Ms. Kelly. Well, we rely on the science, and we make the policy based on the science. Mr. Fleming. But when there's a lack of science, do you lean towards being more conservative until that science develops or to just full steam ahead, let's go ahead and give it a chance? Ms. Kelly. We remain with the science on it. So when our scientists at the Department of Health and Human Services tell us that things have changed, then we follow under the Omnibus Transportation Employee Testing Act, we follow what they say. Until then, it remains a schedule 1, we treat it as a schedule 1. Mr. Fleming. Okay. Ms. Kelly. With no excuses. Mr. Fleming. So you would agree that certainly being cautious, not being aggressive to change something to a more relaxed standard without the science to back that safety up, you're reluctant to move forward? Ms. Kelly. We cannot make changes---- Mr. Fleming. Yes. Ms. Kelly. --without the science, yes, sir. Mr. Fleming. You, Mr. Flegel, how about you? Mr. Flegel. As with my colleague here from DOT, under executive order, THC is mentioned directly, and we will continue to test for schedule 1 and schedule 2 drugs. Mr. Fleming. So, I think certainly we have somewhat of agreement here. I think we can all agree to the fact that until we have the science, we should be careful and cautious, and certainly one of the things about THC is, because it has been illegal, we haven't really been doing the studies, the research, and only now, I mean, even some of the important data that's come out has only come out very recently as it's become legalized. For instance, we know that even in casual users, there's profound changes in the brain. We see that on MRI scans, and we've done a number of them to see that. We also know that a longitudinal study showed a progressive decline in IQ, so just even with early studies, we're beginning to see a lot of problems, and that's notwithstanding the up to 14 percent of fatal accidents involve THC. Now, we hear about medicinal marijuana. It's interesting that in the State of California and in the city of Denver, we have more pot dispensaries than we do Starbucks, and I don't know what your opinion is, but I don't think people are that unhealthy in Denver and in California. Is there anyone on the panel that would disagree with that? So, again, I question--and here's my question as it interacts with what you do. Do you treat someone who is on medicinal marijuana versus recreational marijuana any differently when it comes to traffic accidents, when it comes to being able to say fly an airplane, or to engineer a train, do you treat those people any differently? Anyone like to comment on that? Yes, go ahead. Ms. Kelly. No, sir, we do not in the Department of Transportation. All the transportation safety sensitive employees are subject to the same testing, and we did issue the two statements, one in 2009 in response to the medicinal marijuana laws in States, and in 2012 on recreational. Everyone is to be treated the same. There is no legitimate medical explanation for the schedule 1 drug, marijuana. Mr. Fleming. Right. So for all intents and purposes, if someone is sick and needs marijuana, that person is disabled for the purpose of having a job in transportation? Ms. Kelly. If that person tests positive, they will put-- they will be required to be removed from safety sensitive functions. Mr. Fleming. All right, okay. Very good. Now, there was a mention here about, I think, I didn't catch all of the exchange there, but I believe there was a--Mr. Connolly brought up Mr. Rokita's bill that would actually reduce the standards for private pilots such that all you would require is just a regular driver's license to be able to qualify in terms of safety standards to fly an airplane. Mr. Hart, did I catch that right, or am I--or were you talking about a different subject? Mr. Hart. You are correct. It's legislation to allow private pilots to not have to have the medical examination that they are now required to have. Mr. Fleming. Right. So, in theory, someone could be with that standard, and maybe even under the current standard, a private pilot could be flying an airplane under the influence of marijuana, THC? Mr. Hart. That is possible, and we have investigated accidents where that was occurring. That's the reason we're having this forum, and we're going have this meeting in September to look at that and get---- Mr. Fleming. Right. Mr. Hart. --more data and get more specific about it. Mr. Fleming. You know, I love to watch documentaries on TV, and I was watching one the other night that discussed airplanes and mid-air collisions, and what they focused on was private aircraft that had drifted in the wrong air lane and interacted with a commercial aircraft. One that comes to mind, I was living in the area at the time was in San Diego. I believe it was 1978 where you had a private airplane that drifted in the wrong--they were actually in the wrong air space, they collided with a commercial aircraft, and hundreds of people died as a result of that. So what that would suggest to me is that no matter what the highest standards you could ever come up with for a commercial pilot, when you have private pilots out there who could be impaired and not receive the same high standard, then they are, in effect, just as dangerous to the commercial passengers as the commercial pilot himself if his standards were lowered as well. Would you agree or disagree with that? A private pilot flying with lower standards in effect has the same potential danger impact as if the pilot of the commercial aircraft is impaired instead. Mr. Hart. When we do our accident investigation, the issue of impairment, it may be independent of the issue of what their medical standard was. If they're impaired, whether they had a medical certificate or not, then we're going to put that in our probable cause if that was a cause of the accident. Mr. Fleming. Right. So certainly a private aircraft--the safety of aviation in general is no better than what the lowest standard for any pilot who is in the air, and so as we have pilots who in this case, hopefully it will never make it into law, but we have pilots who are flying with no more standard than to have a driver's license and hopefully will be certified to fly, of course, that makes sense but no medical standard beyond that, and then we have the legalization and the increased medicinalization and decriminalization of marijuana, then I see the risk to air travel to be growing in the future as we go forward with that. So, certainly I would suggest, Mr. Chairman, that we look at this at both sides. One is the fact that there is many reasons, in my view, why we should not go forward with legalization, medicinalization or even decriminalization, but also have the highest standards for all who fly in the air realizing that there are new threats when it comes to THC. One last question. What sort of guidance are you getting from the White House? You know, the President has been giving some ambiguous cues on this. In 2011 he made very clear statements that marijuana should not be legalized, that it's a potential danger, and certainly young people should stay away from it, but in 2014, he made other statements that suggested that it's maybe no worse than tobacco or alcohol, so I'd love to hear from you as Government agencies what sort of guidance, if any, are you getting from the White House. Mr. Michael? Mr. Michael. We work closely with the White House Office of National Drug Control Policy, and we are a part of the national drug strategy. The office has provided us support for our roadside survey and for other research that we've done, so I would say that we are getting very good input and very good support. Mr. Fleming. Okay. Anyone else? Mr. Flegel. I would say also the same. We work closely with the Office of National Drug Control Policy in setting standards. They set policy, we set the regulatory side, so we've worked well with them over the last year. Mr. Fleming. But have you been moved in any direction towards relaxed standards or legalization of marijuana from the White House, any guidance in that direction? Mr. Flegel. We are currently, as I stated, under executive order, so we are under executive order to test for schedule 1 and schedule 2 drugs, and that will remain. Mr. Fleming. Okay. All right. Thank you, Mr. Chairman. A very interesting discussion---- Mr. Mica. Thank you. Mr. Fleming. --and panel. Thank you so much. Mr. Mica. Thank you, Dr. Fleming. Didn't the President, after he made his statement it was no worse than alcohol or tobacco, we did have testify the ONDCP, I think it was his deputy, and he said he disagreed with the White House. So you-all said you've been working with ONDCP, you would agree with them more than you would with the President, Mr. Hart? Come on, I want to put you on the spot. Mr. Hart. Our guidance is to investigate accidents, find out what happened, and recommend what is necessary to---- Mr. Mica. And that's right. You didn't commit yourself on that, but Dr. Michael did. Okay, Dr. Michael, you said you were working with ONDCP and you concurred with them, so which--you agree with what they said, ONDCP? Mr. Michael. We are in agreement with ONDCP, and I would like to say we are in agreement with the President as well. Mr. Mica. Oh, now. I could make a funny comment now but I won't. We might have to get the testing equipment out here. Mr. Flegel. Mr. Flegel. And again, we work closely with ONDCP on everything as far as, both in setting---- Mr. Mica. But again---- Mr. Flegel. --the standards. Mr. Mica. --the President said one thing. We hauled in the deputy director. He disagreed with the President. We had a whole host of people, DEA, other agencies who also disagreed with the President on--and that was my point. I tried to embarrass you, but it didn't work. So Dr. Michael, you said it's the decision of the States really, but the Federal Government does set some standards, and we have a .08 standard now. If you don't comply with that, we can penalize you and that is an incentive, is it not? Mr. Michael. Yes, the Congress established a statute. Mr. Mica. Yeah, and that's come down. In fact, I just read your office, or one of the office's--yeah, it's your office said just recommended going to .5; is that right? Mr. Michael. I believe that was a recommendation from---- Mr. Mica. Mr. Hart. Okay. I knew one of you did, but there's a recommendation, and then we do assess penalties to states that don't comply where there is some, some reduction in their eligibility for programs or funds. But that was your recommendation, Mr. Hart? Mr. Hart. That was our recommendation, that's correct, Mr. Chairman. Mr. Mica. One of the problems we have here is we don't have federal standards. We do have States adopting standards. Colorado, it's five nanograms per milliliter, I guess, and is there any consideration of any standard under way other than what the national standards board is considering? Are you guys looking at anything? Dr. Michael. Mr. Michael. Yes, we are. We, recognize that we need more testing of drivers at the state level. Mr. Mica. And then you need some means of testing and I want you also to comment, you said you're using some similar devices in testing. There's nothing with a standard, there's nothing that has been accepted as an acceptable or certified, I'm sure you haven't certified anything yet, piece of equipment that can test, correct? Mr. Michael. That's right. The technology, which you have in your hand, is developing rapidly, and we think this will improve testing quite a lot. Mr. Mica. You said California you're doing some testing? Mr. Michael. Yes, we're doing some pilot tests in four locations in California as we speak to test the feasibility of those with the idea, if they are working well, that encouraging their use by states. More testing, we believe, would also call---- Mr. Mica. Is this just internal, or are you working with the national standards testing agency? Mr. Michael. This test is--we're working with State officials on this. Mr. Mica. But not with the ones who are setting the standard, or at least looking at setting some standards which would be our National Standards testing, NS, whatever the initials are---- Mr. Michael. Yeah. Mr. Mica. It's NS. Mr. Michael. No, we are not working with---- Mr. Mica. I think it would behoove you to contact them, and we'll also. I'll ask the committee to put you in touch with them. I've had my go-arounds with them, and they do take awhile to develop a standard. I mean, it's an important responsibility and you have to be accurate, and whatever you adopt does become a standard. So, I would suggest that, you know, I don't do these hearings just to hear ourselves talk. We're trying to also stay ahead of the curve. We have changing, dramatically changing laws that our states--and it changes social behavior, and we don't have the same--Mr. Connolly was talking about the marijuana when he went to college or something, and this is much more powerful---- We've had testimony that confirms this that we've got people more at risk, we've got laws rapidly changing, societal view of the risk, and then we talked about teens are most susceptible and also the most vulnerable and the most slaughtered by transportation, by a vehicle, many of them by alcohol, some by substance abuse, and we see increasing use of that particular among the most vulnerable who are now viewing this as less of a risk, so we do have some serious issues here. No standards, no testing capability, and then we haven't done--we've done some testing in the past, 2007, 2013, we don't have that data back. I want to see some data and I want to see Fox and others looking at beefing up the testing and the regulations where we have now more exposure to a schedule 1 narcotic being more available to the public and the implications on public safety and transportation. So, that's something hopefully positive that can come from this. Also, it's my understanding marijuana stays in the system longer than alcohol. We've got a whole host of things that need to be looked at, and again, implications from a different type of substance that is posing a risk. I've been on transportation for two decades, says something good about some institutional knowledge, but one of the things we focused on transportation, when you see people getting slaughtered by the tens of thousands a year, we did some simple things. We put in guardrails in the median, there were so many crossover--we put in simple, what do you call it, the rumble strips so people who fall asleep are awakened or shaken alert. We've encouraged the safety airbags on the side and structural changes. Now, if we don't do something when we see a danger of a new narcotic, again, the potential of more people impaired, driving while impaired, whether, again, a vehicle, manning a train, piloting, and I showed just a few samples of the civil planes that went down. We have pages and pages. I shared four. I showed one picture of a teenage fatality, and we know from the blood test, the people say no one gets killed from smoking marijuana, well, I differ with that, so it's a serious issue. We have serious responsibility, and I intend to pursue the matter beyond even this hearing. So I thank each of you for coming out, for being part of today's hearing. Hopefully we can all do a better job, and there being no further business, well, let me see. With the concurrence of the minority, we'll leave the record open for 10 additional days. We may have additional questions, and I've asked for additional information to be submitted for the record. Without objection, so ordered. Mr. Mica. No further business before the Government Operations Subcommittee, this hearing is adjourned. Thank you. [Whereupon, at 10:51 a.m., the subcommittee was adjourned.] APPENDIX ---------- Material Submitted for the Hearing Record [GRAPHIC] [TIFF OMITTED] T9703.042 [GRAPHIC] [TIFF OMITTED] T9703.043 [GRAPHIC] [TIFF OMITTED] T9703.044 [GRAPHIC] [TIFF OMITTED] T9703.045 [GRAPHIC] [TIFF OMITTED] T9703.046 [GRAPHIC] [TIFF OMITTED] T9703.047 [GRAPHIC] [TIFF OMITTED] T9703.048 [GRAPHIC] [TIFF OMITTED] T9703.049 [GRAPHIC] [TIFF OMITTED] T9703.030 [GRAPHIC] [TIFF OMITTED] T9703.031 [GRAPHIC] [TIFF OMITTED] T9703.032 [GRAPHIC] [TIFF OMITTED] T9703.033