[Senate Hearing 112-631]
[From the U.S. Government Publishing Office]
S. Hrg. 112-631
NOMINATIONS TO THE
EXECUTIVE OFFICE OF THE PRESIDENT,
THE CONSUMER PRODUCT SAFETY COMMISSION,
AND THE FEDERAL MARITIME COMMISSION
=======================================================================
HEARING
before the
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED TWELFTH CONGRESS
SECOND SESSION
__________
MAY 10, 2012
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED TWELFTH CONGRESS
SECOND SESSION
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii KAY BAILEY HUTCHISON, Texas,
JOHN F. KERRY, Massachusetts Ranking
BARBARA BOXER, California OLYMPIA J. SNOWE, Maine
BILL NELSON, Florida JIM DeMINT, South Carolina
MARIA CANTWELL, Washington JOHN THUNE, South Dakota
FRANK R. LAUTENBERG, New Jersey ROGER F. WICKER, Mississippi
MARK PRYOR, Arkansas JOHNNY ISAKSON, Georgia
CLAIRE McCASKILL, Missouri ROY BLUNT, Missouri
AMY KLOBUCHAR, Minnesota JOHN BOOZMAN, Arkansas
TOM UDALL, New Mexico PATRICK J. TOOMEY, Pennsylvania
MARK WARNER, Virginia MARCO RUBIO, Florida
MARK BEGICH, Alaska KELLY AYOTTE, New Hampshire
DEAN HELLER, Nevada
Ellen L. Doneski, Staff Director
James Reid, Deputy Staff Director
John Williams, General Counsel
Richard M. Russell, Republican Staff Director
David Quinalty, Republican Deputy Staff Director
Rebecca Seidel, Republican General Counsel and Chief Investigator
C O N T E N T S
----------
Page
Hearing held on May 10, 2012..................................... 1
Statement of Senator Rockefeller................................. 1
Prepared statement........................................... 4
Statement of Senator Hutchison................................... 5
Prepared statement........................................... 6
Statement of Senator Lautenberg.................................. 6
Statement of Senator Udall....................................... 7
Statement of Senator Cantwell.................................... 8
Statement of Senator Pryor....................................... 56
Statement of Senator Boozman..................................... 58
Witnesses
Hon. Carl Levin, U.S. Senator from Michigan...................... 1
Hon. Barbara Mikulski, U.S. Senator from Maryland................ 3
Patricia K. Falcone, Nominee for Associate Director, National
Security and International Affairs, Office of Science and
Technology, Executive Office of the President.................. 9
Prepared statement........................................... 11
Biographical information..................................... 11
Marietta S. Robinson, Nominee to be a Member, U.S. Consumer
Product Safety Commission...................................... 19
Prepared statement........................................... 21
Biographical information..................................... 22
Hon. Richard A. Lidinsky, Jr., Chairman, Federal Maritime
Commission..................................................... 30
Prepared statement........................................... 32
Biographical information..................................... 34
William P. Doyle, Nominee to be Commissioner, Federal Maritime
Commission..................................................... 40
Prepared statement........................................... 42
Biographical information..................................... 43
Appendix
Response to written questions submitted to Patricia K. Falcone
by:
Hon. Tom Udall............................................... 61
Hon. Kay Bailey Hutchison.................................... 61
Hon. John Thune.............................................. 62
Hon. Roger F. Wicker......................................... 63
Response to written questions to Marietta S. Robinson submitted
by:
Hon. Kay Bailey Hutchison.................................... 64
Hon. John Thune.............................................. 65
Hon. Marco Rubio............................................. 67
Response to written questions submitted to Hon. Richard A.
Lidinsky, Jr. by:
Hon. Frank R. Lautenberg..................................... 69
Hon. Maria Cantwell.......................................... 69
Hon. Kay Bailey Hutchison.................................... 71
Hon. Roger F. Wicker......................................... 74
Response to written questions submitted to William P. Doyle by:
Hon. Frank R. Lautenberg..................................... 74
Hon. Maria Cantwell.......................................... 75
Hon. Kay Bailey Hutchison.................................... 77
Hon. Roger F. Wicker......................................... 78
NOMINATIONS TO THE EXECUTIVE OFFICE
OF THE PRESIDENT, THE CONSUMER
PRODUCT SAFETY COMMISSION, AND THE
FEDERAL MARITIME COMMISSION
----------
THURSDAY, MAY 10, 2012
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 10:20 a.m., in
room SR-253, Russell Senate Office Building, Hon. John D.
Rockefeller IV, Chairman of the Committee, presiding.
OPENING STATEMENT OF HON. JOHN D. ROCKEFELLER IV,
U.S. SENATOR FROM WEST VIRGINIA
The Chairman. I want to, I have to quote Queen Elizabeth, a
morning horribilis. I don't know what the Latin word for
morning is, so I can't complete it.
I totally apologize to all of you. I'm ready to sue traffic
in general in West Virginia. If Levin weren't here, I'd say I
was ready to sue cars that make illegal left turns.
I can go over this. I've kept you all waiting long enough.
Senator Levin, Senator Mikulski, again, I apologize to you and
to my colleagues.
And why don't you go ahead and make the introduction that
you want to make.
STATEMENT OF HON. CARL LEVIN,
U.S. SENATOR FROM MICHIGAN
Senator Levin. Well, thank you very much.
The Chairman. I was told that you were itchy. Both of you
were itchy at my lateness.
Senator Levin. You are, as usual, always are most gracious.
Chairman Rockefeller and Senator Lautenberg, thank you. Thank
you for holding these hearings.
And I'm delighted to be here today to introduce Marietta
Robinson, who's an old friend of mine and the family. She's
been nominated by the President to the Consumer Product Safety
Commission.
She's here today with her son, and I'm going to let her
introduce her son and the rest of her family, if that's all
right.
The Chairman. Of course.
Senator Levin. Because she would take special pleasure in
introducing her family to this committee. But I think we all
know how important family is to those who seek to be in public
service, and that's surely true with Marietta or Marti
Robinson.
As this committee knows, the important work of the Consumer
Product Safety Commission requires people who are not only
dedicated and knowledgeable, but they need to be fair minded.
And Marietta Robinson is extraordinarily well-qualified to
serve on the Commission for a lot of reasons, including
character, which is very well known to all of us who know her
which is a large number of people in Michigan who will attest
to the wonderful character of Marti or Marietta Robinson.
I won't go through her history in terms of her degrees.
This committee can take a look at those, and I'm sure will. But
what I want to just focus on for a minute is the fact that her
experience as a litigator is on both sides of the cases.
She's been a plaintiff's lawyer. She is a plaintiff's
lawyer. She's a defendant's lawyer. She has sued companies on
consumer product cases. She has defended companies on consumer
product cases.
And I think that's particularly important in this
Commission is that you have people who are fair minded, and
through their experience, if possible, have proven that they
have the type of experience that makes them open minded, that
makes them understand the arguments that can be made for or
against the complaints and the claims of consumers.
She is also, in addition to having that experience in
litigation on both sides, she is a faculty member, an adjunct
faculty member at the University of Detroit Mercy, Wayne State
University Law Schools.
She teaches trial practice. She's lectured extensively
before professional audiences on complex litigation issues.
She's also been, for 8 years, she's served as one of the
federally appointed trustees overseeing the fund which
compensated victims of the very tragic and complex Dalkon
Shield litigation.
She has a distinguished career serving her community. She's
worked with women's leadership foundations. She's worked with
organizations that help handicapped children.
So I want to give her, and I know Senator Stabenow's strong
recommendation to this committee. We are very grateful to the
President for this nomination, and we're grateful to this
committee and its members for holding this hearing today.
And if it was okay with the Committee, I would ask that I
be excused at this time, unless there are questions, in which
case I will wait for Senator Mikulski so she can answer the
questions.
[Laughter.]
The Chairman. You have the right to leave as quickly as
possible.
[Laughter.]
Senator Levin. That sounded like an invitation. Thank you
very much, as always, to my colleagues.
The Chairman. I'm very thankful to you, Senator Levin. Once
again, I do apologize, as I do to Senator Mikulski as I do to
Kay Bailey Hutchison, as I do to the nominees, genuinely.
STATEMENT OF HON. BARBARA MIKULSKI,
U.S. SENATOR FROM MARYLAND
Senator Mikulski. Good morning, Chairman Rockefeller and
Senator Hutchison.
I come here today on behalf of Mr. Richard Lidinsky, who is
before the Committee for his renomination as a Chair to the
Federal Maritime Commission.
He has a proven track record. He has served on the
Commission, and has been its chair for 2 years now. And during
this time, he has received accolades from both business and
labor, those in the American maritime community who depend upon
this Commission to be the United States of America in
representation.
During his tenure, Mr. Lidinsky has supported our Nation's
economic recovery, has worked hands on with the private sector
to create jobs, and simultaneously, to look out for the
consumer.
Colleagues, I have known Mr. Lidinsky for more than 40
years. If you were with my hometown of Baltimore, and you heard
the name Lidinsky, it would bring an immediate smile because
the family is beloved.
His father, I worked with his father as Deputy Controller
of the City of Baltimore. His father had a reputation for
absolute integrity, skilled management, and an eye on the
bottom line.
Rick brings the same kind of commitment to public service
that his father did. Public service is in his DNA, along with
considerable management skill and that sense of the bottom
line.
I first met Rick when he was working at the Maryland Port
Authority, and I was a brand new Member of Congress, a member
of the Merchant Marine Committee. Remember when we had those?
They were before your time, but not our time.
And Senator Lautenberg, of course, was very active here.
And have observed Rick's career where he's worked both in the
public sector, for the maritime industry, Maryland Port
Authority, and others.
Then he went to the private sector in America's shipping
community where he knew hands on how the business actually
works, and what the business needed to be able to, maritime, to
be competitive in the new world order.
From 1995 to 2005, his CEO allowed Rick to work on a
special committee with NATO. NATO had been enlarged. We were
going to be shipping to countries like Poland and into the
Baltic, and Rick helped lead how America would participate in
that.
And then, also, America's role as we went into 911, as we
went into serving with our Merchant Marine to support our
troops in Iraq and Afghanistan. So while he was on duty in the
private sector, he was serving the Nation and representing the
private sector in important NATO work.
At that time, then, Rick returned to the private practice
of law, and then, President Obama tapped him to come to the
Commission.
During that time, he's worked with importers, exporters to
have reliable service. He's led the Commission in cutting out-
of-date rules and regulations. He will tell you about that.
We have a tariff system that had to be tediously recorded
by hand. Well, it was so out of date in a digital world, and
Rick has transformed that. He actually led the fight within,
well, within his own bureaucracy, to both deregulate and
modernize through a digital economy.
When Rick worked near the Federal Maritime Commission in
the 1960s, there were over 300 employees. They're now 120. Rick
has focused like a laser on American exports, and has worked
his way to help exporters to have access to ships and to
containers they need.
He's promoted export growth, particularly in the
agricultural area, and he's also protected first time movers as
they've moved their household goods and cars overseas.
He has paid particular attention to our military families
as they've had to move around the world in order to support our
war fighters.
He's reinvigorated, reformed and modernized the Commission.
I really hope the Committee moves his renomination in an
affirmative way and expeditiously.
Also, Mr. Chairman, you'll hear from Mr. Doyle today, a
nominee before the Commission. He's a native of Pennsylvania.
His business causes him to rent in Maryland, so, ordinarily, I
would have brought him to your attention, but I am here today.
This is a man who comes from our workers organizations, the
MEBA organization, that represents the officer corps of our
Merchant Marine.
Remember who MEBA is. They're our guys that run those
ships. They're the ones that were on the ship when the pirates
attacked, and they're the ones that fought back. They're the
ones that make sure their captain wasn't captured and held,
kidnapped.
MEBA brings a great deal of know-how, and it represents
America's Merchant Marines who Roosevelt called our heroes in
dungarees. He's here in a suit today. He wants to be on the
Commission, and I hope you confirm him too.
The Chairman. Senator Mikulski, we not only thank you for
your introductions of people from a variety of states, but also
the way that you did it. It was so heartfelt. You didn't look
at a single piece of paper. You were just speaking out of
knowledge and memory and your intuition, which is what you
always do, which is why you're always so effective.
Senator Hutchison. Ditto.
The Chairman. Thank you very, very much.
Senator Mikulski. Thank you very much, Mr. Chairman.
The Chairman. OK. In the interests of trying to get myself
back into a reasonable position where anybody on the Committee,
or any nominee will speak to me now or in the future, I'm going
to put my opening statement in the record.
[The prepared statement of Senator Rockefeller follows:]
Prepared Statement of Hon. John D. Rockefeller IV,
U.S. Senator from West Virginia
Our first nominee is Dr. Patricia Falcone. She has been nominated
to be one of the President's key advisers on science and technology
issues. As Associate Director for National Security and International
Affairs at the Office of Science and Technology Policy (OSTP), she will
coordinate science and technology research within the national security
arena, including cybersecurity. Dr. Falcone's career includes more than
30 years at Sandia National Laboratories, developing science-based
technologies that support our national security.
I can't talk about Dr. Falcone without mentioning her deep family
ties to my state of West Virginia. Dr. Falcone's father grew up in
Swiss, West Virginia, in Nicholas County, which her family helped
establish in the 1880s. Her mother is a Morgantown native and her
father and uncles worked in the coal mines.
Next, is Ms. Marietta Robinson who has been nominated to be a
Commissioner at the Consumer Product Safety Commission (CPSC). Each
year, consumer products cause 28,000 deaths and 33 million injuries.
The CPSC is the front line of defense protecting American consumers
from dangerous products. The Consumer Product Safety Improvement Act of
2008 provided the CPSC with more resources and authority to protect the
public. As we are going to hear from Senator Levin in a few minutes,
Ms. Robinson has more than 30 years experience as a lawyer and consumer
advocate. I look forward to hearing her testimony.
Finally, we have two nominations for commissioners to the Federal
Maritime Commission (FMC). One of the nominees before us is the current
Chairman of the FMC, Richard Lidinsky. Mr. Lidinsky has served
admirably as Chairman for the past 3 years and has worked well with
this Committee. Here's what Lloyd's List (the leading maritime
newspaper) had to say recently about his tenure:
Richard Lidinsky has transformed the Federal Maritime Commission
since he took over as chairman in 2009, re-establishing the Washington
agency's position in the shipping world after several rudderless years.
That's high praise. Chairman Lidinsky, I look forward to hearing
today what you plan to do with another term at the helm of the FMC.
The other FMC nominee is Bill Doyle, who served as Chief of Staff
for the Marine Engineers' Beneficial Association for the past 4 years.
He is a well-qualified nominee with a deep background in maritime
issues. Congratulations on your nomination, Mr. Doyle. I look forward
to hearing from you about how we can strengthen our maritime commercial
system.
Because some of it was covered by Senator Levin and Senator
Mikulski. A lot of it was covered by them, and I will be
bringing the witnesses forward and questioning them. So I would
call upon the Ranking Member, Senator Kay Bailey Hutchison.
STATEMENT OF HON. KAY BAILEY HUTCHISON,
U.S. SENATOR FROM TEXAS
Senator Hutchison. I will abbreviate mine, but there were a
couple of points that I wanted to make.
First of all, I am very pleased to hear from all of the
witnesses. I certainly think the ones from the Maritime
Commission are very well qualified.
I'm very interested in hearing from Dr. Falcone because her
job is going to be so important at the National Security and
International Affairs Office of OSTP, and that has become a
very important arena for certainly the area that I'm interested
in.
And, I do want to just say this, and this is why it's a
little different, that the Consumer Product Safety Commission
has been a commission that has been very divided in the past.
But, I just want to point out that there has been a much
more congenial atmosphere lately in the Consumer Product Safety
Commission, and I think it is a real step in the right
direction. We've had several unanimous votes. It just appears
that they're listening to each other and coming to some very
good results.
And I just want to say that I certainly want to hear from
Ms. Robinson, but I hope that she agrees that this new
atmosphere at the Commission is the kind that we should
promote.
So, with that, I will put the rest of my statement in the
record, and thank you, Mr. Chairman.
[The prepared statement of Senator Hutchison follows:]
Prepared Statement of Sen. Kay Bailey Hutchison, U.S. Senator from
Texas
Thank you, Mr. Chairman, for holding this morning's hearing.
I would like to compliment you for the success in getting our
Committee's Federal Communication Commission members confirmed.
It is wonderful that we will be able to include new Commissioners
Ajit Pai and Jessica Rosenworcel at next week's FCC hearing.
Today we have a number of individuals before us, and I look forward
to hearing from them. I would first like to welcome Dr. Patricia
Falcone who has been nominated to be Associate Director for National
Security and International Affairs at the Office of Science and
Technology Policy. More than ever, we must ensure that Federal
investments in science and technology address today's global threats
and strengthen U.S. economic competitiveness. Dr. Falcone has an
impressive background and wealth of experience that is well suited to
this position, and I look forward to hearing from her.
I would also like to welcome Ms. Marietta Robinson, who has been
nominated to the Consumer Product Safety Commission. CPSC is a small
agency with a daunting task, and it has faced a number of challenges in
implementing its new responsibilities under the Consumer Product Safety
Improvement Act. Some observers have noted, however, the recent spirit
of cooperation among the Commission's Commissioners who unanimously
agreed, for instance, to include in the agency's operating plan an
examination of cost-cutting measures related to the third-party testing
and certification of children's products. This spirit is also evident
in the CPSC's recent unanimous decision to grant exemptions from
onerous lead requirements where safety was not impacted. I applaud the
current collegiality. Everyone can agree that we want to protect
consumers, and especially children, from harmful products. But when the
safety risks to consumers are negligible, I believe the Commission
should continue to work together to address industry concerns, such as
reducing the regulatory costs on businesses where possible.
It is my sincere hope that, if confirmed, Ms. Robinson would foster
this spirit of collegiality and work to achieve common sense solutions
to the challenges we face.
I will note that in addition to the vacant Democratic seat that Ms.
Robinson has been nominated to fill, a Republican seat on the
Commission has expired and Commissioner Anne Northup--who is doing an
excellent job--is currently serving in her one-year grace period.
In addition, Mr. Richard Lidinsky and Mr. William Doyle, the
nominees to be Commissioners at the Federal Maritime Commission, are
before us today. Waterborne commerce is an important part of the
American economy, encouraging American exports and spurring job
creation. We have witnessed this firsthand in Texas, particularly at
the Port of Houston, which is the fourth largest port in the United
States. The Federal Maritime Commission ensures competitive and
efficient ocean transportation, and contributes to the integrity and
security of the U.S. supply chain. I look forward to discussing this
mission with our two nominees.
Mr. Chairman, three of these four nominees have been tapped to
serve on commissions with term appointments. Such term appointments can
often outlast the term of the President who puts forth the nomination.
Therefore, we have an extra duty for thorough review of the candidates.
I therefore expect that in addition to the questions asked here
today, there will be other important questions submitted in writing to
the nominees.
Thank you again, Mr. Chairman and I look forwarded to hearing from
the nominees.
The Chairman. Thank you very much, Senator Hutchison.
And I believe that both Senator Lautenberg and Senator
Udall, you being part of the home of Sandia, would like to make
opening statements, briefly. We welcome your comments.
STATEMENT OF HON. FRANK R. LAUTENBERG,
U.S. SENATOR FROM NEW JERSEY
Senator Lautenberg. I appreciate the opportunity, Mr.
Chairman. These are important positions. And while we have
excellent candidates, I think it's fair to say, with all of
those to be heard from today.
I congratulate all of the nominees and thank them for
committing to serve the American people.
The Federal Maritime Commission makes sure that our
Nation's ports remain competitive and can meet growing demands.
This is vital in my state of New Jersey which is home to the
largest port on the East Coast, supporting more than 270,000
jobs, and $37 billion in business income.
The Port of New York and New Jersey is the life blood of
not just our region's economy but also our national economy.
It's essential that we make sure that our ports remain safe and
secure, strong.
And Mr. Lidinsky and Mr. Doyle, I know you understand and
appreciate this mission. Mr. Lidinsky, I look forward to
hearing your views on FMC's accomplishments during your tenure
as Chairman, and how you plan to further its mission in the
future.
And you, Mr. Doyle, we had a chance to chat, and I so much
respect that you took to sea in your life's experience as well
as a well-educated lawyer. I look forward to hearing your views
on how the United States can expand exports and increase our
economic competitiveness.
And I'm also eager to hear from our other nominees,
Marietta Robinson and Patricia Falcone.
The Consumer Product Safety Commission overseas 15,000
kinds of consumer products that cause approximately 36,000
deaths and $38 million in injuries each year.
It's essential for the Commission to have the resources to
protect our children and families and the leadership to get the
job done.
And, Ms. Robinson, I look forward to hearing how you intend
to help lead the Commission in its critically important
mission.
And, additionally, the Office of Science and Technology
Policy at the White House plays a critical role in coordinating
our science and technology programs.
Dr. Falcone, I'm pleased to see a graduate of Princeton
University. I understand you're the first to have taken a
science and engineering degree, the first female at Princeton.
You're nominated to serve within OSTP, and I look forward
to hearing how you're going to further the Office's national
security agenda.
We need strong leadership at all these posts, and I look
forward to hearing more from each nominee about your plans for
meeting the critical challenges that we face.
The Chairman. Senator Udall.
STATEMENT OF HON. TOM UDALL,
U.S. SENATOR FROM NEW MEXICO
Senator Udall. Thank you, Chairman Rockefeller, and thank
you for letting me just say a few words.
And I want to thank all of the nominees today before us. I
want to thank each of you for your commitment to public service
and your willingness to serve the Nation.
And I would like to particularly thank Dr. Patricia
Falcone. She's a long-time public servant who has had a
distinguished career at Sandia National Laboratory which is
based in New Mexico, but also has a branch in California.
Her parents instilled in her the value of public service.
It may actually be an inherited trait. Her father served in the
Air Force. Dr. Falcone is an engineer who describes engineering
as a team sport. The goal is solving a problem together.
That is a good model for the collaborative nature of the
policy role that OSTP serves. This committee, the Science
Committee, can be assured that President Obama has nominated a
well-qualified person to be Associate Director for National
Security and International Affairs.
In fact, Dr. Falcone already has extensive experience
working in this division at OSTP while on loan from Sandia. Dr.
Falcone notes in her testimony that she has a long-standing
commitment to inspiring students, and especially girls, to
pursue STEM fields and science, technology, engineering and
math.
This committee knows how important greater public
participation in STEM fields is for our Nation's long-term
competitiveness. I again want to thank Dr. Falcone for her
willingness to serve.
And, in conclusion, I urge my colleagues to support her
nomination and I hope that the Senate will confirm her as soon
as possible.
And I would also just say a brief word to our nominee for
the Consumer Product Safety Commission.
I know, in the past, it has been announced you're looking
at product safety issues with regard to football helmets. You
know there's a growing awareness in terms of concussions and
the damage they can do to our young people, and also to many of
our professional athletes.
And I hope that we do everything we can to apply the very
best science there, and I'll be submitting questions to the
record for that nominee.
So with that, Senator Rockefeller, thank you very much.
Appreciate it. And thank you, Senator Hutchison.
The Chairman. Thank you, Senator Udall, and thank you, as
always, for a good statement and for being here.
Senator Maria Cantwell would also like to make a few
remarks.
STATEMENT OF HON. MARIA CANTWELL,
U.S. SENATOR FROM WASHINGTON
Senator Cantwell. Thank you, Mr. Chairman. I'll make a
quick statement.
I want to thank you, obviously, for holding this hearing,
and I want to congratulate everyone for being nominated and, in
the case of Mr. Lidinsky, renomination. And I know we all
appreciate everyone's commitment to public service.
Mr. Lidinsky, I want to thank you for agreeing with Senator
Murray and myself's request, and several of our House
colleagues, for the Federal Maritime Commission to study
factors which may cause and contribute a shift of containerized
cargo destined for U.S. and inland ports from U.S. to Canada.
Obviously, with the Port of Seattle and Vancouver being so
close together, and yet, very competitive, these are very
important issues. So I think this is a long-standing concern
that we think needs to be examined, and we're very interested
in these findings in the coming months.
So I'd like to just again thank all the nominees for
attending. And, Dr. Falcone, I understand, you have a Udub
Huskie soon coming with a computer science degree. We have a
big shortage in the United States for computer science degrees.
So thank you very much for that.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Cantwell, very, very much.
I would like to call the witnesses forward now, and that
would be Dr. Patricia Falcone, who Senator Udall inadvertently
forgot to mention has deep roots in West Virginia. Deep, deep
roots.
Senator Udall. I did neglect that.
The Chairman. You did neglect that. And she is up for
Associate Director of National Security and International
Affairs, Designate, Office of Science and Technology Policy,
which is increasingly a powerful office in the White House.
Ms. Mariette Robinson, Commissioner Designate, Consumer
Product Safety Commission; Mr. Richard A. Lidinsky, Jr.,
Chairman Designate, Federal Maritime Commission; Mr. William
Doyle, Commissioner Designate, Federal Maritime Commission.
I have in my opening statement comments about all of you,
but I submitted that for the record. So we would start, Dr.
Falcone, with you. But first, you have to confess your deep
roots.
STATEMENT OF PATRICIA K. FALCONE, NOMINEE FOR
ASSOCIATE DIRECTOR, NATIONAL SECURITY AND
INTERNATIONAL AFFAIRS, OFFICE OF SCIENCE AND
TECHNOLOGY, EXECUTIVE OFFICE OF THE PRESIDENT
Dr. Falcone. Absolutely, true. Both my parents are from
West Virginia, and grew up there.
The Chairman. County in Morgantown.
Dr. Falcone. Yes, and then Nicholas County, my dad's from
Nicholas County.
The Chairman. Oh, you can forgive Senator Udall for his
failing to bring that up.
Dr. Falcone. I worked for Sandia for 30 years.
Chairman Rockefeller, Ranking Member Hutchison, members of
the Committee, I welcome this opportunity to meet with you
today.
First, I'd like to introduce my family right here. My
husband of 35 years, Roger Falcone is here. He is a Professor
of Physics at the University of California at Berkeley. We met
in an engineering class our sophomore year in college at
Princeton.
Our daughter Elizabeth is also here. She has the privilege
of working in the U.S. Senate as a Legislative Assistant for a
member of this committee, Senator Warner.
Our son Michael is unable to join us today. He is a senior
at the University of Washington at Seattle where he is going to
graduate next month with a degree in computer science, and he
will be staying in Seattle working at a technology start-up
firm.
He has really loved his time at UW and has a girlfriend who
grew up in Seattle. So maybe a longer-term commitment.
With those important people introduced, I would like to
turn to the business at hand. I am very honored to be here as
the President's nominee for Associate Director for National
Security and International Affairs in the Office of Science and
Technology Policy.
My professional experience is as an engineer at the Sandia
National Laboratories where I have come to appreciate the very
close relationship between national security and excellence in
science and innovation.
I became an engineer based on the accurate but imprecise
guidance that engineering was for folks who liked math and
science but wanted to do something with them.
Also, I was told that I would have a better opportunity
getting scholarships to support my college education were I to
study engineering. And all of that came true.
I received financial support for my undergraduate training
in aerospace and mechanical engineering at Princeton
University, in the very early days of co-education. And I was
the first woman to complete the full engineering curriculum
there, to start as an engineer, to finish as an engineer. And
then I was honored to be able to complete my graduate work at
Stanford University.
My father was in the Air Force. He and my mother instilled
the values of education and national service in my siblings and
me. And like my dad, I've had the great satisfaction and
pleasure to contribute to important national challenges, but in
my case by working in a research laboratory, by serving as a
technical manager and leader. I have worked in my career on the
processes of pollutant formation, the development of solar
thermal power plants, as well as on a range of national
security topics, including technologies such as bio detectors
for Homeland Security and assessments of our Nation's nuclear
posture.
Engineering is a team sport, and I have particularly
enjoyed the process of developing frameworks for challenging
problems, defining requirements for new technologies,
understanding operational context for these technologies, and
outlining recommendations for decisionmakers.
For the past 3 years, I have had the great pleasure of
working on loan from Sandia to OSTP under Dr. John Holdren on a
range of topics, but particularly on the technical dimensions
of the President's nuclear security agenda.
My experience at OSTP has both deepened and broadened my
understanding of the linkage between national security and
excellence in science and innovation and engineering. And that
excellence must combine a deep understanding of the specific
policy or military challenge with the very best technical
insights.
I come before this committee offering what I believe to be
is a balanced synthesis of both of these capabilities. If
confirmed, I will work to ensure that policy development always
benefits from the Nation's technical excellence and that we
work to build policies and institutions that will continue to
provide that excellence into the future.
And, if confirmed, I also would value the opportunity to
continue a long standing interest in and commitment to
inspiring students, and, in particular, girls and minorities to
pursue coursework and careers in engineering and other STEM
related fields.
Now, more than ever, our national security depends upon a
solid grounding in science and technology. Thank you. And I
would be pleased to answer any questions the Committee may
have.
[The prepared statement and biographical information of Dr.
Falcone follow:]
Prepared Statement of Patricia K. Falcone, Nominee for Associate
Director, National Security and International Affairs, Office of
Science and Technology, Executive Office of the President
Chairman Rockefeller, Ranking Member Hutchison, members of the
Committee, I welcome this opportunity to meet with you today.
First, I would like to introduce my family. My husband of 35 years
is here, Roger Falcone; he is a Professor of Physics at the University
of California at Berkeley. We met in an engineering class during our
sophomore year in college. Our daughter Elizabeth is also here. She has
the privilege of working in the U.S. Senate as a legislative assistant
for a member of this Committee, Senator Warner. Our son Michael is
unable to join us today. He is a senior at the University of Washington
in Seattle, where he will graduate next month with a bachelor's degree
in computer science and soon thereafter begin work at a technology
startup.
With those important people introduced, I would like to turn to the
business at hand. I am very honored to be here as the President's
nominee for Associate Director for National Security and International
Affairs in the Office of Science and Technology Policy (OSTP). My
professional experience is as an engineer working at the Sandia
National Laboratories where I have come to appreciate the close
relationship between national security and excellence in science and
innovation. I became an engineer based on the accurate but imprecise
guidance that engineering was for folks who liked math and science and
wanted to do something with them. Also, I was told that I would have a
better opportunity getting scholarships to support my college education
were I to study engineering. All of that came true--I received
financial support for my undergraduate training in aerospace and
mechanical engineering carried out in the early days of coeducation at
Princeton University, where I was the first woman to complete the full
engineering curriculum. I completed my graduate work in mechanical
engineering at Stanford University.
My father was in the Air Force; he and my mother instilled the
values of education and national service in my siblings and me. Like my
dad, I have had the great satisfaction and pleasure to contribute to
important national challenges, in my case, by working in a research
laboratory, working on mathematical models and computer simulations,
and serving as a technical manager and leader. I have worked on the
processes of pollutant formation, on the development of solar thermal
power plants, as well as on a range of national security topics
including studies and analyses related to new technologies such as
biodetectors for homeland security, spectroscopy of high altitude
rocket plumes, and assessments of our Nation's nuclear posture.
Engineering is a team sport, and I have particularly enjoyed the
process of developing frameworks for challenging problems, defining
requirements for new technologies, understanding operational contexts,
and outlining action recommendations for decisionmakers.
For the past 3 years, I have had the pleasure of working on loan
from Sandia at OSTP under Dr. John Holdren, on a range of topics
especially the technical dimensions of the President's nuclear security
agenda. My experience at OSTP has both deepened and broadened my
understanding of the linkage between national security and excellence
in science and innovation. That excellence must combine a deep
understanding of the specific policy or military challenge with the
very best technical insights. I come before this committee offering
what I believe to be is a balanced synthesis of both of these
capabilities. If confirmed, I will seek to ensure that policy
development always benefits from the Nation's technical excellence, and
that we work to build policies and institutions that will continue to
provide that excellence into the future. If confirmed, I also would
value the opportunity to continue a longstanding interest in and
commitment to inspiring students and, in particular, girls and
minorities, to pursue coursework and careers in engineering, and other
STEM-(Science, Technology, Engineering and Mathematics) related fields.
Now more than ever, our national security depends on a solid grounding
in science and technology. Thank you, and I would be pleased to answer
any questions the Committee may have.
______
a. biographical information
1. Name (Include any former names or nicknames used):
Patricia Kuntz Falcone (maiden name (1952-1977) Patricia Ann
Kuntz).
2. Position to which nominated: Associate Director, National
Security and International Affairs, Office of Science and Technology
Policy, Executive Office of the President.
3. Date of Nomination: March 29, 2012.
4. Address (List current place of residence and office addresses):
Residence: information not released to the public.
Office: Sandia National Laboratories, 7011 East Avenue,
Livermore, CA 94550.
DC Office: Office of Science and Technology Policy, Executive
Office of the President, Eisenhower Executive Office Building,
1650 Pennsylvania Avenue, NW, Washington, DC 20504.
5. Date and Place of Birth: December 28, 1952; Mobile, Alabama.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Spouse: Roger W. Falcone, Professor of Physics, University of
California, Berkeley; Division Director, Lawrence Berkeley
National Laboratory, Berkeley, California. Children: Elizabeth
F. Falcone, age 28; Michael E. Falcone, age 22.
7. List all college and graduate degrees. Provide year and school
attended.
B.S.E. Aerospace and Mechanical Sciences (1974).
Princeton University; Princeton, New Jersey.
M.S. Mechanical Engineering (1975) Ph.D.
Mechanical Engineering (1981).
Stanford University; Stanford, California.
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Sandia National Laboratories (laboratory location in Livermore,
CA).
Member of the Technical Staff* (1981-1989).
Distinguished Member of the Technical Staff* (1989-
1993).
Technical Manager* (1993-2003).
Senior Manager (Technical)* (2003 to present).
Sandia IPA at the Office of Science and Technology Policy,
Executive Office of the President.
Senior Policy Analyst* (2009-2011)
Assistant Director, National Security* (2011 to
present).
*Jobs related to the position for which I have been nominated.
9. Attach a copy of your resume. A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last 5 years: Member, Nuclear
Deterrent Transformation Panel of the Department of Defense Threat
Reduction Advisory Committee (2003-2009).
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last 5 years.
Member, Board on Army Science and Technology of the National
Research Council (2007-2009).
Member, Advisory Committee, Department of Mechanical and
Aerospace Engineering, Princeton University (2006 to present).
12. Please list each membership you have had during the past 10
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
Member, American Society of Mechanical Engineers (1981 to
present).
Member, Commonwealth Club, San Francisco, CA (2007 to present).
Sigma Xi (research honor society) (1981 to present).
None of these organizations, to my knowledge, restrict
membership on the basis of sex, race, color, religion, national
origin, age, or handicap.
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt: No.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period: None.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Member, Sigma Xi (research honor society).
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
Publications
P.K. Falcone, ed. Catastrophic Bioterrorism Scenarios: Response
Architectures and Technology Implications, prepared by Sandia
National Laboratories, Lawrence Livermore National Laboratory,
and the Washington Institute for the Department of Homeland
Security, March 2006.
Defense of Cities against Biological Attack: Public Health
Consequence Management Strategies and Urban Defense and
Response Architectures, prepared by the Defense of Cities Study
Team: The Washington Institute, Inc. and Sandia National
Laboratories for the Department of Homeland Security, May 2003.
A.B. Baker, et al., A Scalable Systems Approach for Critical
Infrastructure Security, Sandia National Laboratories Report
SAND2002-087, April 2002.
S.P. Gordon, P.K. Falcone, eds., The Emerging Roles of Energy
Storage in a Competitive Power Market: Summary of a DOE
Workshop, Sandia National Laboratories Report SAND95-8247, June
1995.
W.L. Flower, D.A. Stephenson, P.K. Falcon; D.W. Sweeney, Final
Report on the SDI Codes Reliability and Input Sensitivity
Characterization Study, Sandia National Laboratories Report
SAND93-8210, December 1992.
D.A. Stephenson and P.K. Falcon; Final Report on the Assessment
of Contractor Algorithms for the Space Based Interceptor,
Sandia National Laboratories Report SAND91-8226, July 1991.
W.L. Flower, D.A. Stephenson, P.K. Falcone, and D.W. Sweeney,
``Feature Variability of Strategic Rocket Plume Signatures,''
in Proceedings of the 19th JANNAF Exhaust Plume Technology
Subcommittee Meeting, Redstone Arsenal, Huntsville, AL, May 13-
16, 1991.
P.K. Falcone, ``Clouds and Obscurants Countermeasures,'' in
Proceedings of the Countermeasures Verification Program Review,
SandiaReport, December 1990.
P.K. Falcone, et al., ``Sensitivity Analysis of High Altitude
Rocket Plumes Computed Using CHARM 1.2,'' in Proceedings of the
18th JANNAF Exhaust Plume Technology Subcommittee Meeting,
Naval Postgraduate School, Monterey, CA, November 14-16, 1989.
Patricia K. Falcone, ``Sensitivity Analysis of Computed Rocket
Plume Signatures,'' in Sandia Technology, pp. 2-9, August 1989.
P. K. Falcone, et al., Effect of Uncertainties in Vibrational
Excitation Rates on Plume Signatures, AIAA Paper No. 89-1768,
AIAA 24th Thermophysics Conference, Buffalo, NY, June 12-14,
1989.
P.K. Falcone, et al., ``Effect of Uncertainties in Vibrational
Excitation Rates on Plume Signatures Computed Using CHARM,'' in
Proceedings of the IRIS Specialty Group on Targets,
Backgrounds, and Discrimination, Naval Training Center,
Orlando, FL, February 7-9, 1989.
P.K. Falcone, R.S. Powers, and D.W. Sweeney, ``An Initial
Sensitivity Analysis of Plume Signatures Computed Using
CHARM,'' in Proceedings of the 17th JANNAF Exhaust Plume
Technology Subcommittee Meeting, NASA Langley, VA, April 26-28,
1988.
P.K. Falcone, W.G. Houf, and D.W. Sweeney, ``Sensitivity
Analysis of Computed Rocket Plume Signatures,'' in Proceedings
of the IRIS Specialty Group on Targets, Backgrounds, and
Discrimination, Naval Postgraduate School, Monterey, CA,
February 9-10, 1988.
Patricia Kuntz Falcone, A Handbook for Solar Central Receiver
Design, Sandia National Laboratories Report SAND86-8009,
December 1986.
P.K. Falcone, et al., ``An Assessment of Central Receiver
Systems,'' in Proceedings of the 21st Intersociety Energy
Conversion Engineering Conference, San Diego, CA, August 25-29,
1986.
P.K. Falcone, J.E. Noring, and J.M. Hruby, Assessment of a
Solid Particle Receiver for a High Temperature Solar Central
Receiver System, Sandia National Laboratories Report SAND85-
8208, February 1985.
J.M. Hruby and P.K. Falcone, ``Momentum and Energy Exchange in
a Solid Particle Solar Central Receiver,'' in Proceedings of
the AIChE Symposium Series: Heat Transfer, Denver 1985, Vo1.
81, No. 245, pp 197-203, 1985.
P.K. Falcone, Technical Review of the Solid Particle Receiver
Program, Sandia National Laboratories Report. SAND84-
8229,``July1.984.,
Patricia K. Falcone, ``Recent Work on a Solid Particle Receiver
for High Temperature Central Receiver Applications,'' in
Proceedings of DFVLR Seminar on Solar Thermal Heat Production
and Solar Fuels and Chemicals, DFVLR Stuttgart, Germany,
October 13-14, 1983.
P.K. Falcone, R.K. Hanson, and C.H. Kruger, ``Tunable Diode
Laser Absorption Measurements of Nitric Oxide in Combustion
Gases,'' Combustion, Science and Technology, Vol. 35, pp 81-99,
1983.
P.K. Falcone, R.K. Hanson, and C.H. Kruger, ``Tunable Diode
Laser Measurements of the Band Strength and Collision
Halfwidths of Nitric Oxide,'' J. Quant. Spectrosc. Radiat.
Transfer, Vol. 29, No.3, pp 205-221, 1983.
P.K. Falcone, J.E. Noring, and C.E. Hackett, ``Evaluation and
Application of Solid Thermal Energy Carriers in a High
Temperature Solar Central Receiver System,'' Proceedings of the
17th Intersociety Energy Conversion Engineering Conference, Los
Angeles, CA, August 8-12, 1982.
P.K. Falcone, Convective Losses from Solar Central Receivers:
Proceedings of a DOE/SERI/SNLL Workshop, Sandia National
Laboratories Report SAND81-8014, October 1981.
Patricia Kuntz Falcone, Absorption Spectroscopy of Combustion
Gases using a Tunable Diode Laser, HTGL Report No. 121,
Stanford University, March 1981.
P.K. Falcone, R.K. Hanson, and C.H. Kruger, ``Measurement of
Nitric Oxide in Combustion Gases using a Tunable Diode Laser,''
Paper 79-53, Western States Section/Combustion Institute,
Autumn 1979.
R.K. Hanson, S.M. Schoenung, P.L. Varghese, and P.K. Falcone,
``Absorption Spectroscopy of Combustion Gases Using a Tunable
Infrared Diode Laser,'' in ACS Symposium Series Laser Probes in
Combustion Chemistry, 1978.
S.M. Schoenung, R.K. Hanson, and P.K. Falcone, ``CO
Measurements in Combustion Gases by Laser Absorption
Spectroscopy and Probe Sampling,'' Paper 78-46, Western States
Section/Combustion Institute, Laguna Beach, CA, October 1978.
Ronald K. Hanson and Patricia Kuntz Falcone, ``Temperature
Measurement Technique for High-Temperature Gases Using a
Tunable Diode Laser,'' Applied Optics, Vol. 17, No. 16, pp.
2477-2480, August 15, 1978.
R.K. Hanson, P.A. Kuntz, and C.H. Kruger, ``High-resolution
Spectroscopy of Combustion Gases Using a Tunable IR Diode
Laser,'' Applied Optics, Vol. 16, No. 8, pp. 2045-2048, August
1977.
R.K. Hanson, P.A. Kuntz, and C.H. Kruger, Resonance Absorption
Spectroscopy of Combustion Gases Using Tunable Infrared Diode
Lasers, Paper 76-6, Eastern States Section/Combustion
Institute, Philadelphia, PA, November 1976.
P.A. Kuntz, et al., Comprehensive Bibliography of Literature on
Non-Cryogenic Storage and Recovery of Hydrogen, Interim Report
AFLRL, No. 30, Southwest Research Institute, San Antonio,
Texas, September 1973.
C.M. Hogan, P.A. Kuntz, et al., Environmental Impact of the
Proposed Widening of Edgewood Road, ET 41, ESL, Inc.,
Sunnyvale, CA. September 1972.
P.A. Kuntz, et al., Air, Traffic, and Noise Environmental
Impact Associated with the Replacement of the Dumbarton Bridge,
ET 39, ESL, Inc. Sunnyvale, CA. August 1972.
Relevant Public Speeches
In my career at Sandia National Laboratories from 1981 through
2009, my speeches and presentations were at technical conferences,
program and project meetings, laboratory colloquia, and, occasionally,
in university settings. They were not really in the public domain or,
at least, not of significant public interest; further, I do not have a
record of them. I have made the following remarks since being at OSTP:
Remarks at Women: Innovation: NASA Event on March 8, 2012 at
the George Washington University.
Science for Our Nation's Policies and Policies for Our Nation's
Science to the 2012 Northwest Conference for Undergraduate
Women in Physics held at the University of Washington on
January 14, 2012.
Remarks to women science and engineering faculty members at the
University of Washnington as a part of the University's NSF
ADVANCE Center for institutional Change on January 13, 2012.
Shaping Science and Technology Policy: The Role of the White
House in Science/Technology Policy to undergraduate women
students participating in the Public Leadership Education
Network in Washington, D.C. on January 4, 2012.
Remarks to the Principal Investigators of the National Science
Foundation's ADVANCE Program that works to increase the numbers
of women faculty in science and engineering in Alexandria, VA
on November 14, 2011.
Tying the Ribbon: Science, Technology, Engineering, Mathematics
(STEM) and the Future of the Defense Industrial Base at the
Women in Defense National Annual Fall Conference in Washington,
D.C. on October 19, 2011.
Remarks to Chattanooga, TN STEM Workforce Roundtable via SKYPE
on July 20, 2011.
Panelist on Case Studies in Science Policy: A Panel Discussion
for the 2011 National Youth Science Camp, an AAAS event on July
19, 2011.
Panel Chair for High Performance Computing for Decision-making:
Utility, Credibility, Cost Effectiveness at the workshop on
High Performance Computing for Policy Formulation--The Benefits
and Risks in Washington, D.C. on June 1, 2011.
Remarks to the Knoxville, TN STEM Workforce Roundtable via
SKYPE on April 21, 2011.
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony: None.
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
The mission of the National Security and International Affairs
division within the Office of Science and Technology Policy is to
provide the Director of the Office of Science and Technology Policy,
and others, with the best technical advice related to national security
and international affairs policies and programs. This requires an
awareness of ongoing research and development activities in science and
technology, an understanding of the processes by which science,
technology, and innovation are integrated into national security
mission operations for maximum effect, and knowledge of programs and
cultures in various government and private sector entities. I believe
that my training and experience is well-matched to this mission.
I have worked in increasingly responsible positions at one of our
Nation's national security science and technology laboratories (the
Sandia National Laboratories at its laboratory location in Livermore,
California) since I completed my doctoral degree in mechanical
engineering at Stanford University in 1981. With training focused on
combustion and propulsion, I worked initially on programs related to
advanced energy technologies including solar thermal electric power
plants, advanced energy storage, and the application of aeroderivative
gas turbines for distributed energy generation. Later, I have worked on
spectroscopic signatures of high altitude rocket plumes and advanced
detection technologies. More recently, I have been engaged in systems
perspectives of new technologies both executing and leading programs
aimed at defining technology requirements, technology forecasts, and
operational concepts related to nuclear deterrence, homeland security,
and other national security missions.
As a result, I have had much experience in a diverse set of
technical programs and have continued to develop a deep commitment to
science and technology research and development carried out in support
of national security missions. If confirmed, I would be honored to
serve as the Associate Director for National Security and International
Affairs in the Office of Science and Technology Policy. In the past two
and a half years that I have worked at OSTP on loan from Sandia under
the authority of the Intergovernmental Personnel Act (IPA), I have
learned about working effectively within the OSTP context and would
welcome the opportunity to step up to greater responsibilities.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
My responsibilities, if confirmed to serve as the Associate
Director for National Security and International Affairs at the Office
of Science and Technology Policy, will be to serve as a part of the
management team at the Office of Science and Technology Policy in
support of the President's Science Advisor and the President. OSTP
responsibilities are often denoted as providing ``science and
technology for policy, and policy for science and technology.'' OSTP
has modest resources and does not execute programs on its own; rather,
it works with departments and agencies to successfully accomplish
national objectives in science and technology. Prior to coming to OSTP
as an IPA, as a Senior Manager at Sandia I managed an organization
several times larger than the National Security and International
Affairs Division at OSTP. I served as the Senior Manager at Sandia for
Systems Analysis and Engineering and managed an organization with a
budget of tens of millions of dollars and had oversight of four
technical groups with close to fifty technical staff.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
I believe that as an overarching matter, the most critical issue
facing OSTP is assuring a high quality science and technology
capability that is well-matched with the Nation's resources, integrated
with the global community, and operated in a manner that ensures
effective support of national security priorities and precludes
technological surprise.
The top three specific challenges facing the National Security and
International Affairs Division of the Office of Science and Technology
Policy are:
Understanding the critical science and technology dimensions
of national security threats and effective defenses in domains
such as cybersecurity, biosecurity and biodefense, nuclear
security, nuclear deterrence, and explosives, via work with
agency partners and Administration and Congressional leaders,
as well as via purposeful international engagements.
Addressing the health of the U.S. national security science
and technology research enterprise by focusing on the work
carried out by the national security agencies (including the
Departments of Defense, Energy, and Homeland Security, as well
as portions of the intelligence community) on cross-agency
topics such as personnel hiring and retention practices, the
quality of scientific and test infrastructure, enhanced and
effective approaches for government, private sector, and global
engagement, and the governance of research institutions.
Ensuring effective engagement of national security programs,
agencies, and private sector partners with broad national
priorities and initiatives including science, technology,
engineering, and mathematics (STEM) education, international
scientific collaboration, advanced manufacturing, the health of
the defense industrial base, and energy efficiency.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
I have been employed by Sandia National Laboratories (a Department
of Energy national security laboratory and a federally Funded Research
and Development Center) since December 1980; my employment benefits
include pension benefit accrual and an employer-matched 401K account.
If confirmed by the Senate for this position, I plan to retire from
Sandia and will receive a defined-benefit pension. Upon retirement,
there will be no further contributions to the Sandia 401K.
My husband and I, together, own stock (0.8 percent) in SRS, Inc., a
maker of scientific and electronic instruments organized as an S-
Corporation and located in Sunnyvale, CA, from which we receive a
portion of the profits each year.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain: No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Office of Science and
Technology Policy's designated agency ethics official to identify
potential conflicts of interest. Any potential conflicts of interest
will be resolved in accordance with the terms of an ethics agreement
that I have entered into with OSTP's designated agency ethics official.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Office of Science and
Technology Policy's designated agency ethics official to identify
potential conflicts of interest. Any potential conflicts of interest
will be resolved in accordance with the terms of an ethics agreement
that I have entered into with OSTP's designated agency ethics official.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy: None.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Office of Science and
Technology Policy's designated agency ethics official to identify
potential conflicts of interest. Any potential conflicts of interest
will be resolved in accordance with the terms of an ethics agreement
that I have entered into with OSTP's designated agency ethics official.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain: No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain: No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain: No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain: No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: No additional information.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
resume of patricia k. falcone
Professional Experience
Sandia National Laboratories, Livermore, CA, 1981-present
Assistant Director, National Security and Senior Policy Analyst,
Office of Science and Technology Policy, Executive Office of the
President
On loan from Sandia to OSTP via the Intergovernmental Personnel Act
(IPA), 2009-present
Responsibilities include science and technology issues associated
with nuclear security, nuclearweapons, monitoring and arms control, and
the health and sufficiency of national security science andtechnology
capabilities in federal and national laboratories, universities, and
industry
Senior Manager
Systems Analysis and Engineering, 2003-2009
Leadership and group management of systems analysis, enterprise
modeling, exploratory engineering, and technology strategy development
in support of the Department of Homeland Security, the Department of
Energy I National Nuclear Security Administration, and the Department
of Defense
Nuclear Deterrent Transformation Panel of the DOD Threat
Reduction Advisory Committee (2003-2009)
Advisory Committee, Mechanical and Aerospace Engineering
Department, Princeton University (2006-present)
Board on Army Science and Technology of the National
Academies (2007-2009)
Manager
Systems Studies Department, 1995-2003
Staff and program management of national security studies
Nuclear Weapons Leadership Development Program (2002);
National Security Leadership Program (2001-2002); Fellow, MIT
Seminar XXI (1997-1998)
Program Development Office, 1995
Co-lead of laboratory initiative in advanced detection technologies
Energy Systems Program Office, 1994
Technical management of the DOE Integrated Energy Storage Program
Government Relations Office, 1993
Distinguished Member of the Technical Staff, 1989-1993
Member of the Technical Staff, 1981-1989
Energy Program Initiatives: loaned to Pacific Gas and Electric R&D;
worked with California utilities and others on distributed power
generation initiatives especially use of aeroderivative gas turbines
High Altitude Rocket Plumes: spectroscopic signatures of plumes,
their uncertainties, targeting algorithmsSolar Energy: authored A
Handbook for Solar Central Receiver Design (1986)High Temperature
Reacting Flows: experimental and analytical studies
Education
Ph.D., Mechanical Engineering, Stanford University (1981)
Absorption Spectroscopy of Combustion Gases using a Tunable
Diode Laser
M.S., Mechanical Engineering, Stanford University (1975)
B.S.E., Aerospace and Mechanical Sciences, Princeton University
(1974)
The Chairman. Thank you very much, Dr. Falcone. It's
actually inspiring to hear about, you know, not only the way
you came up and did so well and you were a first, but that
everybody in your family is brilliant.
[Laughter.]
The Chairman. Maybe we should be looking for other jobs in
the Federal Government for them. Quite remarkable.
Dr. Falcone. I've sent one.
The Chairman. Ms. Robinson, please.
STATEMENT OF MARIETTA S. ROBINSON, NOMINEE TO BE A MEMBER, U.S.
CONSUMER PRODUCT SAFETY COMMISSION
Ms. Robinson. Chairman Rockefeller, not to be completely
outdone by Dr. Falcone, let me say that I have some roots in
West Virginia myself.
My grandmother. My father grew up there. My grandmother
lived there in Morgantown for years. My uncle owned a music
store there for many years.
It's a pleasure to be here today. Ranking Member Hutchison
and distinguished members of the Committee, thank you for the
opportunity to appear before you today as a nominee for
Commissioner of the Consumer Product Safety Commission and I
certainly would like to thank Senator Levin, in his absence,
for his gracious remarks.
I'm extremely honored that President Obama has nominated me
for this position. If confirmed, I look forward to working with
Chairman Inez Tenenbaum and the other commissioners to continue
the excellent bipartisan work that they have done to implement
the Consumer Product Safety Improvement Act and keep consumers,
particularly our children, safe.
Before I begin my testimony, I would also like to take a
brief moment to introduce my family who is here. Seated a
couple rows back is my son, Steven Robinson, who is Executive
Dean of Mott Community College in Flint, Michigan; my daughter-
in-law, Katherine; my two grandchildren, Owen and Julia; and my
nephew, Kyle Clark.
My daughter Renee is a vice president of a Swedish software
company and is unable to be here today. She lives in Stockholm
with her Swedish husband, Viktor, and my other three
grandchildren, Hugo, Vera and Erik.
While the Swedish part of my family and my father, Dr.
Herbert Sebree, who lives in Seattle, are unable to attend
today, I would just like to thank them and my family who is
here for their wonderful support throughout this nomination
process.
I'm very sad that my incredible late husband, James
Robinson, is unable to be here today. Jim and I both grew up in
Michigan and were married for 28 years before his death in
August of 2010.
Jim was an inspiration to many and had a career that
included many stints of public service, including AAG of the
Criminal Division of the Justice Department. Jim was a tower of
strength and support for me throughout my career, and he would
have been so happy to be here today.
I approach this position with more than 30 years of legal
experience. I received my undergraduate degree from the
University of Michigan, Flint, and my law degree from UCLA Law
School. I've been a litigator since 1978. Before starting my
law firm in 1989, I was voted into the partnerships of two of
Michigan's most highly respected firms, one that, in
litigation, primarily represented defendants, large
corporations and small businesses, and one that primarily
represented plaintiffs.
During my career, I have represented corporations of every
size, small businesses and injured individuals in just about
every type of civil litigation. In addition to my law practice,
as Senator Levin mentioned, I was a Dalkon Shield trustee from
1989 to 1997. Judge Merhige of Virginia appointed me to this
position and we were in charge of putting together a system for
compensating victims of the defective intrauterine device, the
Dalkon Shield.
With my fellow trustees, we were able to come up with a
system for compensating over 300,000 victims in 120 countries
with $2.3 billion in the trust, and I'm very, very proud of
having provided a leadership role in that very successful mass
tort settlement facility.
In 2010, I became the first woman president of the
International Society of Barristers, which is an invitation-
only group of lawyers who pride themselves in trying jury
cases, and it's pretty equally comprised of defense lawyers and
plaintiffs' lawyers.
If I'm confirmed, I believe I'll be able to bring a very
diverse professional experience to make a number of substantive
contributions to the Consumer Product Safety Commission.
Specifically, I hope to focus on three areas. First, I look
forward to working with Chairman Tenenbaum and the other
commissioners to complete the final rules and requirements in
Section 104 of the Consumer Product Safety Improvement Act.
In doing so, I want to assure this committee that I will
approach this task with an open door and listen to every
stakeholder fairly and equally.
If confirmed, I look forward to working with the Commission
on rules that are both fair and highly protective of consumers
of all ages.
Second, I believe that one of the most important things
that the Commission can and must focus on is enforcing the
existing product safety requirements and making sure that
violative products never enter this country in the first place.
The Commission has recently enhanced its office of import
surveillance, as I'm sure the members of this committee know,
which puts CPSC boots on the ground in select U.S. ports of
entry. This office also shares data with Customs and Border
Protection to further target potentially dangerous products.
If confirmed, I look forward to working with my fellow
commissioners and the professional staff at the Commission to
further strengthen this critical program.
Third, I believe outreach and education are critical
elements of the Commission's work. Rules and regulations are
important, of course, but changing attitudes and behaviors is
also a key element of preventing tragedies.
If confirmed, I look forward to leveraging the Commission's
existing resources as well as its social media tools to get the
word out that prevention is better than reaction.
And, finally, if confirmed, I very much look forward to
working with the excellent professional staff at the
Commission. They're a talented group of people and they are
really the unsung heroes in the product safety world.
Thank you again for the opportunity to appear here today,
and I look forward to your questions.
[The prepared statement and biographical information of Ms.
Robinson follow:]
Prepared Statement of Marietta S. Robinson, Nominee to be a Member,
U.S. Consumer Product Safety Commission
Good morning Chairman Rockefeller, Ranking Member Hutchison, and
distinguished Members of the Committee.
Thank you for the opportunity to appear before you today as a
nominee for Commissioner of the U.S. Consumer Product Safety Commission
(CPSC). I am extremely honored that President Obama has nominated me
for this position. If confirmed, I look forward to working with
Chairman Inez Tenenbaum and Commissioners Nancy Nord, Robert Adler, and
Ann Northup to continue the excellent bipartisan work they have carried
out in the past few years to implement the Consumer Product Safety
Improvement Act of 2008 (CPSIA) and keep consumers, and particularly
children, safe from potentially hazardous consumer products.
Before I begin my testimony I would like to take a brief moment to
introduce my family. Sitting behind me is my son, Steven Robinson, who
is Executive Dean of Planning, Research, and Quality at Mott Community
College in Flint, Michigan; my daughter-in-law, Katherine; my
grandchildren, Owen and Julia; and my nephew, Kyle Clark. My daughter,
Renee, is Vice President of Marketing for a Swedish software company
and lives in Stockholm, Sweden with my Swedish son-in-law, Viktor, and
my other three grandchildren, Hugo, Vera and Erik. While the Swedish
part of my family and my father, Dr. Herbert Sebree, who lives in
Seattle, are unable to attend today, I want to thank them and my family
who is here for their wonderful support throughout the nomination
process.
I am very sad that my incredible late husband, James K. Robinson,
is not here with us today. Jim and I both grew up in Michigan and were
married for 28 wonderful years until his death in August 2010. He was
an inspiration to so many and had a career that included several stints
of public service, including serving as Assistant Attorney General
(AAG) of the Criminal Division of the Department of Justice in the
Clinton Administration. Jim was a tower of strength and support for me
throughout my career and would have been so proud to be here today.
I approach this position with more than 30 years of legal
experience. I received my undergraduate degree with High Distinction
from The University of Michigan-Flint, my law degree from University of
California Los Angeles School of Law, and have been a litigator since
1978. Before starting my own firm in 1989, I was voted into the
partnerships of two of Michigan's most highly respected law firms, one
that, in litigation, primarily represents corporate defendants and one
that primarily represents plaintiffs. During my career, I have
represented businesses of every size and injured individuals in just
about every type of civil litigation.
In addition to my law practice, from 1989 to 1997, I served as a
federally appointed Trustee of the Dalkon Shield Trust, which provided
compensation to consumers injured through the use of a defective
intrauterine device (IUD). Working with my fellow Trustees, we devised
a system that distributed $2.3 billion in compensation to more than
300,000 claimants in more than 120 countries. These claimants had
injuries ranging from simple use of the IUD to infertility, death, and
brain-injured children. At the conclusion, we were able to give a
ninety percent pro rata distribution to the claimants, in addition to
the settlement amounts already paid due to the responsible way in which
we ran the Trust. I am very proud to have played a leadership role in
what is generally regarded as one of the most successful mass-tort
claim facilities to date.
In 2010, I became the first woman President of the International
Society of Barristers, an invitation-only group of approximately 650
plaintiffs and defense trial attorneys, who share that they try jury
cases, do so with honesty and integrity, and have achieved a very high
level of respect from fellow lawyers and judges.
If confirmed, I believe that I will be able to use my diverse
professional experience to make a number of substantive contributions
at the CPSC.
Specifically, I hope to focus on three main areas.
First, I look forward to working with Chairman Tenenbaum and my
fellow Commissioners to complete the final rules and requirements of
the CPSIA and a recently enacted package of amendments to that law,
Public Law 112-28. In doing so, I want to assure the Committee that I
will approach this task with an open door and listen carefully to all
stakeholders. If confirmed, I look forward to working with the
Commission on rules that are both fair and highly protective of
consumers of all ages.
Second, I believe one of the most important things the Commission
can and must focus on doing is enforcing existing product safety
requirements and making sure that violative products never enter this
country in the first place. The Commission has recently enhanced its
Office of Import Surveillance, which puts CPSC ``boots on the ground''
in select U.S. ports of entry. This office also shares data with U.S.
Customs and Border Protection in order to further target potentially
dangerous products. If confirmed, I look forward to working with my
fellow Commissioners to further strengthen this critical program.
Third, I believe outreach and education are critical elements of
the Commission's work. Rules and regulations are important, but
changing attitudes and behaviors are also key elements of preventing
tragedies such as tip-over incidents, where a small child climbs on
furniture and causes a television or other heavy object to fall off,
often resulting in serious injury or death. If confirmed, I look
forward to leveraging the Commission's existing resources, as well as
its social media tools, to get the word out that prevention is better
than reaction.
Finally, if confirmed, I look forward to working with CPSC's
talented professional staff. For a small agency, CPSC is privileged to
have some of the Nation's best scientific and technical staff. They are
unsung heroes in the product safety world, and it would be an honor to
work with them.
Thank you again for the opportunity to appear before you today. I
look forward to answering any questions you may have.
______
a. biographical information
1. Name (Include any former names or nicknames used):
Marietta Sebree Robinson
Marti Robinson (nickname)
Marietta Lunette Sebree (maiden name)
Marietta Cooper (1971-1974)
Marietta Jones (1977-1981)
2. Position to which nominated: Commissioner, U.S. Consumer
Products Safety Commission.
3. Date of Nomination: January 24, 2012.
4. Address (List current place of residence and office addresses):
Residence: information not released to the public.
Office: 436 S. Broadway, Suite C, Lake Orion, MI 48362.
5 Date and Place of Birth: December 26, 1951; Platteville,
Wisconsin.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
My spouse, James K. Robinson, died on August 6, 2010, and, at
the time of his death, was a partner at the law firm of
Cadwalader, Wickersham and Taft.
I have no children. My stepson is Steven James Robinson, age
43. My stepdaughter is Renee Robinson Stromberg, age 41.
7. List all college and graduate degrees. Provide year and school
attended.
Juris Doctorate, 1978, UCLA School of Law.
B.A. with High Distinction, 1973, The University of Michigan--
Flint.
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
------------------------------------------------------------------------
Job Title(s) Employer Dates Location
------------------------------------------------------------------------
Owner Law Offices of 1989-Present Lake Orion, MI
Marietta S.
Robinson
Trustee Dalkon Shield 1989-1997 Richmond, VA
Claimants' Trust
Associate, then Sommers Schwartz 1985-1989 Southfield, MI
Partner
Associate, then Dickinson Wright 1979-1984 Detroit, MI
elected Partner PLLC
Adjunct Professor Wayne State 1983-1984 Detroit, MI
of Law, Trial University Law
Practice School
Adjunct Professor University of 1982-1983 Detroit, MI
of Law, Trial Detroit Mercy
Practice School of Law
In-house legal The Bank of 1978-1979 Hamilton,
counsel Bermuda Limited Bermuda
Research assistant AIG Summer 1977 Hamilton,
to Michael Bermuda
Murphy, in-house
counsel
Law Clerk Anderson, Patch Summer 1976 Jackson, MI
Rosenfeld,
Potter and Grover
Part-time Waitress Beachbum Bert's 1976-1978 Redondo Beach,
CA
Data Processing IBM Corporation 1973-1975 Flint, MI;
Marketing Glendale, CA
Representative
------------------------------------------------------------------------
9. Attach a copy of your resume. A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last 5 years: None.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, film, partnership, or other business, enterprise,
educational, or other institution within the last 5 years.
------------------------------------------------------------------------
Position/Affiliation Organization/Company Dates
------------------------------------------------------------------------
Owner Law Offices of Marietta S. 1989-Present
Robinson
Board of Directors Life Raft Group 2008-Present
Board of Directors Michigan Women's Foundation 2003-2006
------------------------------------------------------------------------
12. Please list each membership you have had during the past 10
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
------------------------------------------------------------------------
Organization Affiliation Dates
------------------------------------------------------------------------
International Society of President 2010-2011
Barristers First Vice President 2009-2010
Second Vice President 2008-2009
Secretary Treasurer 2007-2008
Board of Governors 2001-Present
Fellow 1994-Present
------------------------------------------------------------------------
American Bar Foundation Life Fellow 2008-Present
Fellow 1999-Present
------------------------------------------------------------------------
Michigan State Bar Foundation Fellow 1993-Present
------------------------------------------------------------------------
International Women's Forum Member 2007-Present
------------------------------------------------------------------------
California Bar Association Member 1978-Present
------------------------------------------------------------------------
Michigan Bar Association Member 1979-Present
------------------------------------------------------------------------
Utah Bar Association Member 2010-Present
------------------------------------------------------------------------
U.S. Court of Appeals, Sixth Life Member 1990-Present
Circuit Judicial Conference
------------------------------------------------------------------------
U.S. District Court for the Member 1979-Present
Eastern District of Michigan
------------------------------------------------------------------------
U.S. Supreme Court Historical Member 2005-Present
Society
------------------------------------------------------------------------
Advisory Committee, appointed Member 2009
by Senators Carl Levin and
Debbie Stabenow to assist in
the selection of the U.S.
Attorney, U.S. Marshal and two
U.S. District Court judges for
the Eastern District of
Michigan
------------------------------------------------------------------------
American Constitution Society Member Approx. 2003-
Present
------------------------------------------------------------------------
Life Raft Group Member, Board of 2007-Present
Directors
------------------------------------------------------------------------
Michigan Women's Foundation Member, Board of 2003-2006
Directors
------------------------------------------------------------------------
None of the above listed organizations discriminates based on sex, race,
color, religion, national origin, age, or handicap.
13. Have you ever been a candidate for and/or held a public office
(elected, nonelected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt.
2002: I was a candidate for the Democratic nomination for
Michigan Attorney General, but withdrew my name before the
convention.
2000: Nominee of the Michigan Democratic Party for the Michigan
Supreme Court to run against incumbent Chief Justice Clifford
Taylor. I was unsuccessful.
1985-1989: Appointed by Governor James Blanchard to the State
of Michigan Building Authority. This is a committee of five
which issues bonds for funding of all building projects
financed by the State of Michigan.
None of the above mentioned campaigns have any outstanding
debt.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period.
To the best of my knowledge, the following are all of the political
contributions I have made of $500 or more in the past 10 years:
------------------------------------------------------------------------
Political Candidate/Party/PAC Contribution Amount Date
------------------------------------------------------------------------
Stabenow for Senate $2,400 2011
------------------------------------------------------------------------
Obama Victory Fund $28,500 total 2008
--DNC --$26,200
--Obama for America --$2,300
------------------------------------------------------------------------
Friends of Senator Carl Levin $1,000 2007
------------------------------------------------------------------------
Obama for America $2,300 2007
------------------------------------------------------------------------
Marcinkowski for Congress $500 2006
------------------------------------------------------------------------
John Kerry for President Inc $2,000 2004
------------------------------------------------------------------------
Edwards for President $1,000 2004
------------------------------------------------------------------------
Stabenow for Senate (General) $2,000 2003
------------------------------------------------------------------------
Stabenow for Senate (Primary) $2,000 2003
------------------------------------------------------------------------
Dean for America (Howard Dean) $500 2003
------------------------------------------------------------------------
EMILY's List $2,000 2002
------------------------------------------------------------------------
Kevin Kelly for Congress $500 2002
------------------------------------------------------------------------
Friends of David Fink $500 2001
------------------------------------------------------------------------
EMILY's List $1,000 2001
------------------------------------------------------------------------
Michigan Democratic Central $1,000 2001
Committee
------------------------------------------------------------------------
In 2002, I was briefly a candidate for Michigan Attorney General
and contributed to my own campaign, however, I do not have records that
would allow me to reconstruct the amount.
In 2008, I was co-chair of Michigan Women for Obama, helped raise
money for the Obama campaign, participated in both the Midwest and Mid-
Atlantic campaign committees and I went to New Hampshire to knock on
doors for the campaign before the primary.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
------------------------------------------------------------------------
Organization/Society Affiliation Dates
------------------------------------------------------------------------
International Society of President 2010-2011
Barristers First 2009-2010
Vice President 2008-2009
Second Vice President 2007-2008
Secretary Treasurer 2001-Present
Board of Governors 1994-Present
Fellow
------------------------------------------------------------------------
American Bar Foundation Life Fellow 2008-Present
Fellow 1999-Present
------------------------------------------------------------------------
Michigan State Bar Foundation Fellow 1993-Present
------------------------------------------------------------------------
International Women's Forum Member 2007--Present
Michigan Lawyer's Weekly Lawyer of The Year 2000
(One of Ten)
------------------------------------------------------------------------
Who's Who In The World 2002-Present
------------------------------------------------------------------------
Who's Who In America 2001-Present
------------------------------------------------------------------------
The Best Lawyers In America 1999-Present
------------------------------------------------------------------------
Who's Who In American Law 1993-Present
------------------------------------------------------------------------
Who's Who Of American Women 1990-Present
------------------------------------------------------------------------
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
------------------------------------------------------------------------
Publication Title Date
------------------------------------------------------------------------
Wayne Law Review Co-Author--Evidence, 1984 1985
Annual Survey of Michigan Law
------------------------------------------------------------------------
Contributing Author--Evidence 1987
in America, The Federal Rules
In The States
------------------------------------------------------------------------
Contributing Author-- 1988
Introducing Evidence, A
Practical Guide For Michigan
Lawyers
------------------------------------------------------------------------
Michigan Institute of Contributing Author--Torts: 1992-1999
Continuing Education Michigan Law and Practice:
``Legal and Other
Professional Malpractice.''
------------------------------------------------------------------------
Holland Sentinel Letter to the Editor June 22, 2000
------------------------------------------------------------------------
The Detroit News Letter to the Editor July 26, 2000
------------------------------------------------------------------------
The Detroit News Letter to the Editor August 31, 2000
------------------------------------------------------------------------
The Macomb Daily Letter to the Editor October 30, 2000
------------------------------------------------------------------------
The letters to the editor mentioned above were written during my
candidacy for the Michigan Supreme Court.
I do not believe that any of the speeches I have given have been on
topics relevant to the position for which I have been nominated.
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony: None.
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I would like to serve as a Commissioner because of my long-standing
commitment to consumer protection and, specifically, my desire to
ensure that all Americans--especially infants and children--are
protected from dangerous consumer products.
For 33 years, I have practiced as a trial attorney. During this
time, I have handled a wide variety of complex litigation, including
product liability and medical malpractice cases, and have represented
both plaintiffs and defendants. I strongly believe that this range of
experience, working with stakeholders on both sides, will allow me to
effectively work toward consensus-based policies to protect consumers.
I also believe my extensive managerial experience will be
beneficial to the agency. From 1989 to 1997, I served as one of five
federally appointed trustees of the Dalkon Shield Claimants' Trust. In
that capacity, I worked with a large staff to fairly distribute over
$2.4 billion to more than 300,000 claimants in over 120 countries with
injuries ranging from minimal damages to brain-injured babies.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
Under the Commission's organic statute, the Consumer Product Safety
Act, the Chairman has the primary responsibility of managing the agency
and ensuring proper management and accounting controls. If confirmed, I
look forward to working with the Chairman on policies and management
practices that ensure that agency funds are used prudently and that the
Commission has strong and effective controls to prevent waste, fraud
and abuse. As noted above, I believe my tenure as trustee of the Dalkon
Shield Claimants' Trust provides experience that will be very helpful
in this area. The trustees of this Trust so effectively managed the
finances that, at the conclusion of the Trust, there was a pro rata
distribution to the claimants of an additional 90 percent of their
original settlement.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
I believe the primary challenge facing the Commission is
effectively monitoring the ever-increasing flow of consumer products
entering the United States every year. The Commission now has
jurisdiction over $637 billion in consumer product imports. From 1999
to 2010, the value of all imports from China and Hong Kong alone
quadrupled. There are 327 ports of entry into the United States and,
with a small staff, the Commission must make critical decisions as to
how to staff its import surveillance activities and manage the data
flow from importers to target potentially dangerous shipments.
A second challenge is the gathering and dissemination of lifesaving
data. Continuing to find new, innovative ways of gathering information
from around the world about unsafe products is the first part of this
challenge. The second part is expanding the dissemination of CPSC's
critical information to all consumers, regardless of their
circumstances. Recall and education efforts are only effective if they
reach all consumers, who then take advantage of the free remedies
offered by recalling companies or heed CPSC's advice on how to make
safety upgrades in the home. In recent years, the Commission has made
great strides in using the Internet and social media to push out safety
messages to consumers who may not have known about the agency
previously. I look forward, if confirmed, to leveraging new
technologies and applications to solidify gains in this area, while
also ensuring that underserved consumers continue to be well-served by
CPSC safety messages.
Third, I believe emerging technologies in manufacturing present
both challenges and opportunities for the Commission. Foreign
manufacturers must demonstrate greater accountability for the chemicals
and materials used in products intended for the U.S. marketplace. For
example, nanomaterials are increasingly used in consumer products. The
use of these nanomaterials has created an array of new and innovative
consumer products. At the same time, however, I believe it is important
for the Commission, in conjunction with other agencies and public
health and industry stakeholders, to consider any areas of risk or
impact resulting from these products.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
My late husband's law firm, Cadwalader, Wickersham and Taft, has a
wealth-accumulation plan which pays an annuity to me until August 6,
2020 of $8,144.75 monthly.
In addition, I referred a case to Robinson, Calagnie and Robinson
in Newport Beach, California, in which I expect a referral fee.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain: No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Consumer Product Safety
Commission's Designated Agency Ethics Official to identify potential
conflicts of interest. Any potential conflicts of interest will be
resolved in accordance with the terms of an ethics agreement that I
have entered into with the Commission's designated agency ethics
official and that has been provided to this Committee. I am not aware
of any other potential conflicts of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Consumer Product Safety
Commission's Designated Agency Ethics Official to identify potential
conflicts of interest.
Any potential conflicts of interest will be resolved in accordance
with the terms of an ethics agreement that I have entered into with the
Commission's designated agency ethics official and that has been
provided to this Committee. I am not aware of any other potential
conflicts of interest.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy: None.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Consumer Product Safety
Commission's Designated Agency Ethics Official to identify potential
conflicts of interest. Any potential conflicts of interest will be
resolved in accordance with the terms of an ethics agreement that I
have entered into with the Commission's designated agency ethics
official and that has been provided to this Committee. I am not aware
of any other potential conflicts of interest.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain.
I have never been disciplined or cited for a breach of ethics.
In 2004, a Request for Investigation was filed with the Michigan
Attorney Grievance Commission by opposing counsel in then-pending
litigation concerning conduct in a deposition which she viewed as
discourteous. After several depositions in which opposing counsel had
engaged in what I considered inappropriate, obstructive behavior, I
filed a motion with the trial court, which was ultimately granted,
asking for an order that opposing counsel follow the court rules during
depositions or risk sanctions.
One week after my motion was filed, opposing counsel filed a
Request for Investigation based on events that she alleged had occurred
in a deposition. After briefing by both sides, the Attorney Grievance
commission closed the file without filing a complaint, although it
issued a private admonishment for ``failing to treat with courtesy and
respect all persons involved in the legal process.'' Under Michigan's
ethics rules, this is not considered discipline; nevertheless, I have
included this admonishment in the interest of full disclosure.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain: No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain.
Yes, I have been a party in six lawsuits:
1. I was a Plaintiff in a no-fault divorce action in 1974 and a
judgment of no-fault divorce was entered.
2. I was a Defendant in a no-fault divorce action in 1981 and a
judgment of no-fault divorce was entered.
3. I was a Defendant in a fee dispute filed by an individual
shareholder in Sommers Schwartz, after I left the firm. A
Summary Judgment was entered in my favor in 1991.
4. I was a Defendant and Counter-Plaintiff in a fee dispute
with Sommers Schwartz after my departure. A settlement was
reached in approximately 1991
5. I was a Defendant several years ago in a case filed by a
lawn service. I hired the lawn service to clean up trees on my
property after a big storm. We agreed on a flat fee for the
work, and I paid that fee at the time the job was completed.
The lawn service then billed me for several thousand in
addition to the flat fee based on what I believed to be
fabricated hours worked. The case was filed in a small claims
court and I removed it to a circuit court. After removal to
circuit court, the plaintiffs dismissed the case.
6. I was a Defendant in a malpractice action filed by former
clients. I had been the attorney for a minor plaintiff and his
parent's family in a medical malpractice action and obtained a
verdict in approximately 1988, which, with interest, was worth
$4.8 million. The case settled while on appeal for an amount
that included the judgment plus interest. As part of the
settlement, a portion of the proceeds was used to purchase an
annuity from New York Life to take care of minor child.
After the minor child died, the family discovered that the
insurance agent who purchased the annuity that was part of the
settlement had manufactured the receipt from New York Life and had
grossly inflated the cost of the annuity. Following that discovery, his
family sued me for malpractice in approximately 1989. I filed a third-
party suit against the insurance agent for fraud and immediately
volunteered to pay back to the family that portion of the fee which I
had received on the higher amount.
Ultimately, a settlement was reached with insurance agent paying my
former clients and me. Accordingly, my third-party suit against the
insurance agent was dismissed with prejudice. All malpractice claims
against me were also dismissed.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain: No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
resume of marietta sebree robinson
Education
June, 1978 UCLA School of Law
Juris Doctorate
June, 1973 The University of Michigan
Bachelor of Arts, with High DistinctionEmploymentApril, 1989 to present Owner
Law Offices of Marietta S. Robinson
Lake Orion, MI
Trial attorney primarily involved in medical
malpractice, products liability, and
personal injury litigation.
January, 1985 to April, Partner, Associate
1989 Sommers, Schwartz, Silver & Schwartz, P.C.
Southfield, MI
Trial attorney primarily involved in medical
malpractice, products liability, and
personal injury litigation.
May, 1979 to December, Partner, Associate
1984 Dickinson, Wright, Moon, Van Dusen & Freeman,
P.L.L.C.
Detroit, MI
Trial attorney primarily involved in general
commercial and products liability
litigation.
September, 1983 to June, Adjunct Professor
1984 Wayne State University Law School
Detroit, MI
Course: Trial Practice
January, 1982 to June, Adjunct Professor
1983 University of Detroit Mercy School of Law
Detroit, MI
Course: Trial Practice
August, 1978 to May, 1979 Attorney
The Bank of Bermuda Legal Department
Hamilton, Bermuda
In-house counsel primarily responsible for
several multinational litigation matters and
responsible for advice concerning many trust
and tax issues for international clients.
Summer, 1977 Research Assistant to Michael Murphy, In-
house Counsel
AIG
Hamilton, Bermuda
Summer, 1976 Law Clerk
Anderson, Patch, Rosenfeld, Potter and Grover
Jackson, MI
June, 1973 to September, Data Processing Marketing Representative
1975 IBM Corporation
Flint, MI and Glendale, CAOther Teaching ActivitiesJanuary, 1982 to 1997 Faculty Member
Annual University of Virginia and University
of Michigan Trial
Advocacy Institutes
1985 Chairman
Federal Bar Trial Advocacy Program for the
U.S. District Court for the Eastern District
of Michigan
1984 to present Lecturer
National Institute of Trial Advocacy,
Michigan Institute of Continuing Legal
Education and American
Law Institute
Includes the following seminars: Building a
Successful Trial Practice; Handling the
Personal Injury Case; Handling the Liquor
Liability Case in Michigan; Trial Advocacy
Skills Workshop; Introducing Evidence: A
Practical Guide for Michigan Lawyers; Art of
Cross Examination; Effective Use of Experts;
Introducing Evidence in Court: Evidentiary
Foundations and Objections; Mock Jury
Trials; Deposition Skills Workshops.PublicationsCo-author, Evidence, 1984 Annual Survey of Michigan Law, Wayne Law
Review (1985).
Contributing author, Evidence in America, The Federal Rules in the
States (1987).
Contributing author, Introducing Evidence. A Practical Guide for
Michigan Lawyers (1988).
Contributing author, Torts: Michigan Law and Practice (1992-1999).Appointed and Nominated
Positions2009 Appointed by U.S. Senators Carl Levin and
Deborah Stabenow to Advisory Committee to
assist in the selection of the U.S.
Attorney, U.S. Marshall, and two U.S.
District Court judges for the Eastern
District of Michigan.
2000 Michigan Democratic Party nominee for the
Michigan Supreme Court (Michigan's highest
appellate court).
July, 1989 to 1997 Appointed one of five trustees of the Dalkon
Shield Claimants' Trust consisting of
approximately $2.4 billion dollars which was
disbursed amongst approximately 300,000
claimants from 120 countries.
1985 to 1989 Appointed by Governor James Blanchard to the
State of Michigan Building Authority, a
committee of five which issues bonds for
funding of all building projects financed by
the State of Michigan.Bar Admissions1978 State Bar of California
1979 State Bar of Michigan
1979 U.S. District Court for the Eastern District
of Michigan
1983 U.S. Sixth Circuit Court of Appeals
1989 U.S. Supreme CourtProfessional Activities
and Affiliations2011 Special Legal Counsel to Chair
United Nations Peacebuilding Commission,
Liberia
Honorary Organizations2010 to 2011 President
2009 to 2010 First Vice President
2008 to 2009 Second Vice President
2007 to 2008 Secretary Treasurer
2001 to present Board of Governors
1994 to present Fellow
International Society of Barristers
One of 26 Michigan Fellows; membership
limited to trial lawyers who ``shall, by
virtue of [their] resourcefulness, courage,
and other professional and personal
qualities, have distinguished [themselves]
as outstanding in the field of advocacy . .
.''
2008 to present Life Fellow
1999 to present Fellow
American Bar Foundation
Membership limited to one-third of one
percent of lawyers.
1993 to present Fellow
Michigan State Bar Foundation
One of 585 members; membership limited to
lawyers of ``outstanding legal ability''--no
more than five percent of the active members
of the Michigan Bar may be elected.
1991 Member, Conference Planning Committee
U.S. Court of Appeals--Sixth Circuit Judicial
ConferenceCommunity Activities2008 to present Board of Directors
Life Raft Group
A cancer patient advocacy and research group
focusing on patients with gastrointestinal
stromal tumors.
2007 to present Member
International Women's Forum
Membership by invitation only; ``[t]he
International Women's Forum is advancing
women's leadership across careers, cultures
and continents by connecting the world's
most preeminent women of significant and
diverse achievement.''
2003 to 2006 Board of Directors
Michigan Women's Foundation
A philanthropy organized to raise money and
fund programs that promote girls and women.
1997 to 2001 Board of Directors
Banbury Cross, Metamora, Michigan
A therapeutic equestrian center providing
activities for children with disabilities.Listings2002 to present Who's Who in The World
2001 to present Who's Who in America
2000 Lawyer of The Year (one of 10), Michigan
Lawyer's Weekly
1999 to present The Best Lawyers in America
1993 to present Who's Who in American Law
1990 to present Who's Who of American Women
The Chairman. Thank you very much, Ms. Robinson. And, now,
we go to Richard Lidinsky who is chairman and going for another
one.
Senator Lautenberg. Mr. Chairman, can I just ask one
question. We'll keep the record open for questions that are
submitted in writing? I'm called to another committee. Thank
you.
The Chairman. We always do.
STATEMENT OF HON. RICHARD A. LIDINSKY, JR., CHAIRMAN,
FEDERAL MARITIME COMMISSION
Mr. Lidinsky. Good morning, and thank you, Mr. Chairman,
Ranking Member Hutchison and other members of the Committee.
My name is Richard A. Lidinsky, Jr., and it's a great honor
to appear before you once again today, and I've been
renominated by the President to continue to lead the Federal
Maritime Commission.
I want to thank Senator Mikulski for her kind introduction.
In keeping with my other two nominees' statements, my West
Virginia roots are these.
The Senator told me many times that the Port of Baltimore
is West Virginia's port, so that's my connection with West
Virginia.
[Laughter.]
Mr. Lidinsky. So, Mr. Chairman, I said keeping with my
nominees' comments about West Virginia roots, my connection is
the Port of Baltimore is West Virginia's port. So Baltimore and
West Virginia are united for maritime purposes.
The Chairman. You are putting a lot of pressure on Ms.
Robinson.
Mr. Lidinsky. Well, I'll have a few minutes to think of a
good connection.
With me today is my wife Mary Duston Lidinsky of 40 years,
and I want to thank her for her partnership and support that
allows me to be here today.
I will now summarize my statement for the record, and
request that the total be made part of the record.
My entire legal public service and business careers have
revolved around the various areas regulated by the FMC. When I
came before you for my first confirmation hearing in July of
2009, the global maritime industry was still in the depths of
the worst year since the age of containerization began.
At that time, more than 575 massive container ships or 12
percent of the world's capacity was laid up at anchor awaiting
work. As a result, I told you that my top priority as a nominee
for Commissioner was to support economic recovery and jobs for
all sectors of the maritime community through regulatory
relief.
My additional priorities were monitoring foreign countries
and ocean carriers to protect the U.S. businesses and consumers
they serve and assisting ports and carriers with efficiency and
sustainability so that concerns over environmental impacts
would not constrain growth.
After my Senate confirmation, I joined the Commission in
August 2009 and 5 weeks later, the President designated me as
Chairman. In the two and a half years since I became Chairman,
I'm pleased to report to the Committee that we have worked in
each area in a bipartisan manner to make progress on these
priorities.
First, we have given regulatory relief to support the
economic recovery. One example is that in April of last year, a
majority of the Commission broke a twenty-year deadlock and
issued a final rule granting exemption to relieve 3,500 small
business logistic companies from the costs and burdens of
publishing their rates in antiquated tariffs.
That's what Senator Mikulski referred to about using the
ink well.
Second, we have been vigilant in supporting American
businesses and consumers to rely on international maritime
industry. Back in the mid-2009, no one could have predicted
that by the spring of 2010, we would be reporting to Congress
that the demand for liner shipping had recovered so quickly
that exporters were facing shortages in vessels and shortages
of containers.
The Commission responded by launching and quickly
completing an investigation led by my colleague, Commissioner
Rebecca Dye. We provided prompt solutions to the disputes
between shipping lines and customers so that we kept cargo
moving.
In addition, we undertook several initiatives led by my
other colleague, Commissioner Michael Khouri, to deter
unlicensed, fly-by-night household good movers from defrauding
consumers, and we established a direct dialogue with our
Chinese counterpart who had been the subject of raised concerns
of shipper logistic companies.
Third, the Commission has served as a helpful partner to
ocean carriers and ports working to grow in a sustainable
manner. The Commission has expedited review and allowed ports
and terminals to proceed with agreements to cooperate with
efficiency on environmental issues.
The most recent example concerns the Port of New York and
New Jersey, with sustainable services agreement. We have
allowed major ocean carriers to engage in a practice of slow
steaming, which means slowing their engines down, saving fuel
as they serve the world trade routes.
And, last month, at the suggestion of Commissioner Mario
Cardero, we hosted a forum of ports to highlight and discuss
their environmental initiatives. And we received detailed
presentations from the ports of Houston, Long Beach, Los
Angeles, New York, New Jersey, Oakland and Virginia.
So, if confirmed for another term at the Commission, my top
priority will continue to be assisting our economic recovery
for job growth both in the ocean transportation industry and
among those exporting and the businesses they serve.
If confirmed, I look forward to working with my Commission
nominee Bill Doyle and each of my colleagues on these
priorities which are not just my own, but they have been
outlined by Congress and the President.
If confirmed, I will work hard to translate this guidance
into action, and I'm proud of the progress the Commission has
made on these fronts during the last two and a half years.
But I'm eager to help more U.S. exporters in the maritime
industry continue to grow and create American jobs. Thank you
very much, and I'm pleased to answer your questions.
[The prepared statement and biographical information of Mr.
Lidinsky follow:]
Prepared Statement of Hon. Richard A. Lidinsky, Jr., Chairman,
Federal Maritime Commission
Mr. Chairman, Ranking Member Hutchison, and members of the
Committee, my name is Richard A. Lidinsky, Jr. It is a great honor to
appear before you today, and to have been renominated by the President
to continue to lead the Federal Maritime Commission. I would like to
introduce my wife of 40 years, Mary Duston, and thank her for the
partnership and support that allow me to be here today.
My entire legal, public service, and business careers have revolved
around the various areas regulated by the FMC. After serving on the
staff of the House Merchant Marine and Fisheries Committee, I worked as
the FMC's Legislative Counsel during one of the Commission's most
active and important regulatory periods. I served next as port counsel
and director in my home port of Baltimore, and after a decade I moved
to become Vice President of Sea Containers, a global marine equipment
manufacturing, leasing, and trading company. During my twenty years in
the private sector, I worked closely with the Pentagon to containerize
supplies for our troops. I also had the privilege of serving as advisor
to our NATO delegation on port and intermodal matters.
When I stood before you for my first confirmation hearing in July
2009, the global maritime industry was still in the depths of its worst
year since the age of containerization began. At that time, more than
575 massive containerships, or 12 percent of the world's capacity, were
laid up or at anchor awaiting work. As a result, I told you that my top
priority as a nominee for FMC Commissioner was to support economic
recovery and jobs for all sectors of maritime commerce through
regulatory relief. My additional priorities were monitoring foreign
countries and ocean carriers to protect the U.S. businesses and
consumers they serve, and assisting ports and carriers with efficiency
and sustainability so that concerns over environmental impacts do not
constrain growth.
After Senate confirmation, I joined the Commission in August 2009,
and 5 weeks later the President designated me as Chairman. In the two
and a half years since I became Chairman of the Commission, I am
pleased to report that we have worked in a bipartisan manner to make
progress on each of these priorities.
First, we have given regulatory relief to support the economic
recovery. In April 2011, a majority of the Commission broke a twenty-
year deadlock and issued a final rule granting an exemption to relieve
3,500 logistics businesses from the costs and burdens of publishing
their rates in antiquated tariffs. Now, with a year of experience, we
are looking at ways to improve the exemption and provide additional
regulatory relief. Going forward, the Commission has announced plans to
systematically review all areas of its rules and procedures to
streamline, modernize, and continue to reduce regulatory burdens.
Second, we have been vigilant in supporting American businesses and
consumers that rely on the international maritime industry. Back in
mid-2009, I could not have predicted that by the Spring of 2010, I
would be reporting to Congress that demand for liner shipping had
recovered so quickly that U.S. exporters were facing serious shortages
in vessel capacity and intermodal containers. The Commission responded
by launching and quickly completing an investigation, led by my
colleague, Commissioner Rebecca Dye. We implemented her team's
recommendations to more closely monitor carrier rate discussion
agreements and receive advanced notice of ocean carrier alliances'
capacity decisions. We also formed Rapid Response Teams to cut through
red tape and provide prompt solutions to disputes between shipping
lines and customers so that we can keep cargo moving. In addition, we
have taken several initiatives, led by my colleague, Commissioner
Michael Khouri, to deter unlicensed, fly by-night household goods
movers from defrauding consumers when they try to ship their life's
possessions overseas. And we established a direct dialogue with our
counterparts in China to raise concerns of U.S. shippers and logistics
companies.
Third, the Commission has served as a helpful partner to ocean
carriers and ports working to grow in a sustainable manner. The
Commission has given expedited review and allowed ports and terminals
to proceed with agreements to cooperate on efficiency and environmental
issues, the most recent example being the Port of New York and New
Jersey Sustainable Services Agreement. We have also allowed the major
ocean carrier agreement in the Transpacific to discuss ``slow
steaming'' and other ways to save fuel and reduce pollution. Last
month, at the suggestion of Commissioner Mario Cordero, we hosted a
forum for ports to highlight and discuss their environmental
initiatives, and received presentations from the ports of Houston, Long
Beach, Los Angeles, New York/New Jersey, Oakland, and Virginia.
If confirmed for another term at the Commission, my top priority
will continue to be assisting our economic recovery for job growth,
both within our ocean transportation industry and among the exporting
and importing businesses they serve. I believe that the two most
important ways we can aid the economic recovery are: (1) working to
ensure our maritime transportation system efficiently supports export
growth; and (2) continuing to provide regulatory relief so that
companies can hire American workers.
If confirmed, I look forward to working with Commission nominee
Bill Doyle and each of my colleagues on these priorities, which are not
just my own: Congress and the President have also endorsed them.
Congress said that a key purpose of the Shipping Act is to ``promote
the growth and development of United States exports through competitive
and efficient ocean transportation and by placing a greater reliance on
the marketplace.'' President Obama has also issued Executive Orders
urging agencies to use ``every effort'' to double exports and to review
regulations to provide relief and flexibility. If confirmed, I will
work hard to translate this guidance into action. I am proud of the
progress the Commission has made on these fronts during the past two
and half years, but I'm eager to do more to help U.S. exporters and the
maritime industry continue to grow and create American jobs.
______
a. biographical information
1. Name (Include any former names or nicknames used): Richard
Anthony Lidinsky, Jr. (Rick).
2. Position to which nominated: Commissioner, Federal Maritime
Commission.
3. Date of Nomination: February 13, 2012.
4. Address (List current place of residence and office addresses):
Residence: information not released to the public.
Office: 800 North Capitol Street, NW, Suite 1000, Washington,
DC 20573.
5. Date and Place of Birth: September 21, 1946; Baltimore, MD.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Mary Duston Lidinsky, part-time teacher; Richard Anthony
Lidinsky III, 35; John Eric Lidinsky, 25.
7. List all college and graduate degrees. Provide year and school
attended.
BA, American University, School of Government and Public
Administration, 1968.
JD, University of Maryland School of Law, 1972.
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
1969, Active duty U.S. Coast Guard (transferred to active
reserve in July 1969 and served until 1975 when I was honorably
discharged).
1970-1973, U.S. House of Representatives Merchant Marine and
Fisheries Committee and Office of Edward A. Garmatz, MC (3rd,
MD).
1973, Bill drafter, MD General Assembly.
1973-1975, Office of General Counsel, Legislative Counsel,
Federal Maritime Commission.
1975-1986, Maryland Port Administration, Port of Baltimore,
Counsel and Director of Tariffs and National Port Affairs.
1986-2006, Vice President, Government Affairs, Sea Containers
America and Sea Containers Ltd., Washington, D.C., and London.
2006-2009, Solo attorney practitioner (I used office space
within the Law Office of Frank G. Lidinsky).
2009 to Present, Federal Maritime Commission, Commissioner and
Chairman.
9. Attach a copy of your resume. A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last 5 years.
1995-2006, appointment by U.S. Department of the Army to serve
as a NATO High Level Expert (Top Secret clearance) for Ports
and Containers Transport Committee.
City of Baltimore:
2007, Vice Chairman of Compensation Commission for
Elected Officials.
2004-2009, Member of Excellence in Public Service Award
Committee.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last 5 years.
1986-2006, Vice President, Government Affairs, Sea Containers
America.
2000-2006, Board Member of the British American Business
Association.
2007-2009, Director/Secretary of Theresa F. Truschel Charitable
Foundation, Inc.
2009, Legal advisor to Maryland Bar High School Court
Competition Committee.
12. Please list each membership you have had during the past 10
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
National Defense Transportation Association (1986-2006)
(Sealift Transportation Committee Member from 1996-2006).
British American Business Association (1986-2006).
North Atlantic Ports Association (1975-2007).
Gamma Eta Gamma Legal Fraternity (1971-2009).
Bar Associations of Maryland and District of Columbia (1973 to
present).
Maritime Administrative Bar Association (1976-2009).
St. Thomas More Society (1986 to present).
European Maritime Law Organization (1990 to present).
The Maritime Law Association of the United States (2010 to
present).
Gamma Eta Gamma Legal Fraternity restricts membership based on sex;
otherwise, none of these organization restricts membership on the basis
of sex, race, color, religion, national origin, age, or handicap.
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt.
Unsuccessful Democratic candidate for Maryland House of Delegates,
47th District, 1978, no outstanding debt.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period.
National Republican Congressional Committee--$500 (2001).
Don Young for Congress--$1,000 (2001).
Helen Bentley for Congress--$1,000 (2002).
Don Young for Congress--$500 (2002).
Howard Coble for Congress--$500 (2002).
Ernest Hollings for Senate--$500 (2002).
Barbara Mikulski for Senate--$500 (2004).
Don Young for Congress--$500 (2004).
Howard Coble for Congress--$500 (2004).
O'Malley for Governor--$3,680 (2004-2006) (I also volunteered
as a maritime advisor).
Don Young for Congress--$500 (2005).
Ben Cardin for Senate--$500 (2006).
Howard Coble for Congress--$500 (2006).
Jack Reed for Senate--$500 (2006).
Shelia Dixon for Mayor of Baltimore--$500 (2007).
John Sarbanes for Congress--$500 (2008).
Barack Obama for President--$500 (2008).
James Rosapepe for Maryland Senate--$1,000 (2008).
Elijah Cummings for Congress--$1,000 (2010).
Barbara Mikulski for Senate--$1,000 (2010).
Democratic Congressional Campaign Committee--$1,000 (2010).
Barack Obama for America--$1,000 (2011).
Stephanie Rawlings-Blake for Mayor of Baltimore--$500 (2011).
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Outstanding Service Award from U.S. Army for NATO service
(2000).
North Atlantic Port Traffic Board award for legal service
(1986).
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
``The Federal Regulation of American Port Activities,'' The
International Trade Law Journal, Fall-Winter 1981-1982.
``America-Canadian Cross Border Container Traffic: Innovation
or Cargo Diversion?'' Journal of Maritime Law and Commerce,
Spring 1984.
Statement of Sea Containers America, Inc. to the Commission of
Merchant Marine and Defense, May 1988; NATO Alliance Intermodal
Handbook, January 2004.
While I worked at the Port of Baltimore from 1975-1986, I
occasionally spoke on conference panels about maritime matters, but I
have not retained any notes or records of these remarks.
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
While serving as Legislative Counsel to the Federal Maritime
Commission from 1973 to 1975, I made several appearances before the
House Merchant Marine and Fisheries Committee and the Senate Commerce
Committee on legislation that would impact FMC authority in the areas
of rate regulation, intermodalism, monitoring foreign ocean carrier
commercial activity, general trade issues, energy matters, resolution
of jurisdictional conflicts with other Federal agencies, and regular
budgetary procedures.
I also testified on a number of occasions before these same two
committees and the Senate Foreign Relations and Armed Services
Committees while working at the Port of Baltimore from 1975 to 1986. I
testified on Federal agency/developmental legislation, as well as
issues relating to dredging, trade and general port industry matters.
During this same period, on behalf of the Port of Baltimore, and in
conjunction with the North Atlantic Ports Association, and the American
Association of Port Authorities, I testified on topics such as Canadian
cargo diversion from U.S. ports, inland rate equalization,
deregulation, the Panama Canal Implementing Legislation, and the
Shipping Act of 1984.
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I have spent my entire 40-year career working on issues that are
central to the Federal Maritime Commission's mission, beginning with my
6 years of service in the U.S. Coast Guard on active and reserve duty,
and my work as an aide to the House Merchant Marine and Fisheries
Committee. My maritime service in the public and private sectors
continued through my tenure as Legislative Counsel to the FMC itself,
my time at the Maryland Port Administration, where I assisted in
crafting the port-related sections of the Shipping Act of 1984, my
service as Vice President for the ocean transportation equipment
provider Sea Containers Ltd., and as a High-Level Expert for the United
States' NATO Delegation on the Ports and Intermodal Transportation
Committee.
Since my appointment as Chairman of the FMC in 2009, I have worked
to re-energize a Commission that had spent 3 years without a Chairman.
My efforts have been focused on reorienting the Commission to
facilitate exports, provide regulatory relief to support economic
recovery, help the shipping industry become more efficient and
sustainable, and protect American exporters, importers, and consumers.
Recently, the influential shipping newspaper Lloyd's List described
these efforts: ``Richard Lidinsky has transformed the Federal Maritime
Commission since he took over as Chairman in 2009, re-establishing the
Washington agency's position in the shipping world after several
rudderless years. He has raised its profile both at home and abroad,
and broadened the scope of activities in a determined effort to ensure
the Commission is a force to be reckoned with once more. . . . Mr.
Lidinsky has breathed fresh life into the FMC and ensured it has a
voice on both the domestic and world stage.'' (Lloyds List, Dec. 15,
2011) According to the Journal of Commerce, the FMC is now ``on an
aggressive footing in seeking solutions to challenges as diverse as
exporting and commercial disputes arising between shippers and
carriers. An agency once seemingly left behind in the area of transport
deregulation has moved to the center of debates over ocean carrier
oversight.'' (Journal of Commerce, Mar. 7, 2011).
If the Senate confirms my reappointment, I hope to continue these
efforts to provide regulatory relief, support export growth and the
economic recovery, and protect the American exporter, importer, and
consumer.
19.What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
During my tenure since September 2009 as Chairman of the agency, I
have worked hard to ensure that the FMC has strong management and
accounting controls. These efforts included a significant
reorganization of the Commission's management structure in February
2010, strong support for the agency's Inspector General and budget and
accounting offices, and active leadership of the agency's major program
offices. Before leading the Commission, I spent decades serving in
senior management positions at the Port of Baltimore and in the private
sector at Sea Containers Ltd. If confirmed, I intend to continue
working hard to ensure strong management and accounting controls at the
FMC.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
(1) I believe that the Commission's top priority must be to
work with the ocean transportation industry to ensure that it
can support the Nation's ambitious goals for significantly
increasing exports. This goal is both a statutory priority of
the Shipping Act and a top priority for the Administration.
Supporting a doubling in export cargo flow during the next
several years will require the Government and private sector to
work together to improve port and intermodal infrastructure,
increase availability of containers for inland agricultural and
manufacturing exporters, increase ports' and ocean carriers'
efficiency and sustainability so that concerns over
environmental impacts do not constrain growth, and engage with
our trading partners to remove foreign impediments to maritime
export cargo and services.
(2) The Commission should also continue its work to provide
regulatory relief to support job growth and the economic
recovery. During my tenure as Chairman so far, the Commission
issued a new rule that relieved more than 3,400 logistics
businesses from the costs and burdens of publishing in tariffs
the rates they charge for cargo shipments. According to
comments filed with the Commission, this move can save many of
these important American supply chain businesses up to $200,000
per year. Going forward, the Commission has announced plans to
systematically review all areas of its rules and procedures to
streamline, modernize, and continue to reduce regulatory
burdens on the maritime industry. A key challenge will be
accomplishing this modernization in a budget-constrained
environment.
(3) Finally, the Commission must continue its work to protect
the American exporter, importer, and consumer. Last year, the
Commission established Rapid Response Team to cut through red
tape, provide prompt solutions to disputes between shipping
lines and customers, and make sure cargo keeps moving. The
Commission also increased its scrutiny of shipping line
alliances and ``rate discussion agreements'' to make sure they
were not improperly restricting shipping capacity or
competition. In May 2011, the Commission concluded an
investigation into the longstanding problem of consumers
experiencing problems shipping their personal and household
goods overseas. The Commission is now working to implement the
investigation's recommended measures to prevent and better
respond to these consumer complaints. The Commission is also
working to finalize a proposed ruled to strengthen cruise
passenger financial protections, which have been eroded by
inflation and rapid cruise industry growth since they were last
updated in 1990.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
From previous employer (Sea Containers) I have an IRA retirement
account at NorthStar Wealth Management, Columbia, MD and a State of
Maryland and U.S. House of Representatives employee pensions.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain: No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the FMC's designated agency ethics
official to identify potential conflicts of interest. Any potential
conflicts of interest will be resolved in accordance with the terms of
an ethics agreement that I have entered into with the Commission's
designated agency ethics official and that has been provided to this
Committee. I am not aware of any other potential conflicts of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the FMC's designated agency ethics
official to identify potential conflicts of interest. Any potential
conflicts of interest will be resolved in accordance with the terms of
an ethics agreement that I have entered into with the Commission's
designated agency ethics official and that has been provided to this
Committee. I am not aware of any other potential conflicts of interest.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy.
As Vice President of Sea Containers I worked with colleagues to
express the company's support, including through letters of Congress
and the Administration, for various free trade agreements that would
impact maritime commerce growth. As a member of the Sealift Committee
of the National Defense Transportation Association, I worked with
others to draft and support eventual legislation for the Maritime
Security Program that provides vessels to the Pentagon in time of need.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
In connection with the current and previous nomination process, I
have consulted with the Office of Government Ethics and the FMC's
designated agency ethics official to identify potential conflicts of
interest. Any potential conflicts of interest will be resolved in
accordance with the terms of an ethics agreement that I have entered
into with the Commission's designated agency ethics official and that
has been provided to this Committee.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain: No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain: No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain.
While I was employed by Sea Containers, the company was involved in
a handful of corporate civil litigation cases. I was never named as a
party and none of my actions were ever at issue. Also, in my capacity
as Vice President/Attorney as Sea Containers, I filed numerous Federal
contract bids. On occasion, the company would protest a contract loss
or allege a bid irregularity or, conversely, the company would win a
contract and be the target of protest. All of these proceedings were
reviewed and resolved at the agency administrative level.
In December 1985, my wife and I adopted our second son. In 1986,
the biological mother sought a court order to rescind the adoption. The
court denied her claim and ruled in our favor.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain: No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
resume of richard a. lidinsky, jr., esq.
2009-Present Commissioner and Chairman, Federal Maritime
Commission, Washington, D.C.2006-2009 Private Practice, Office of Frank G. Lidinsky, Towson,
MD1986-2006 Vice President, Governmental Affairs, Sea Containers
America lnc./GE SEACO/Orient Express Hotels,
Washington, D.C. & Baltimore, MD
Responsible for representing entire corporate group in
London, New York and various international offices by
monitoring and lobbying for company interests in
regulatory, trade and customs matters before the U.S.
Congress and with federal departments and agencies;
negotiated contracts with Department of Defense for
container supply1995-2005 U.S. Delegation, NATO, Brussels, Belgium
Served as High Level Expert for Ports and Containers
Transportation Committee along with member countries
ocean shipping and intermodal activities; new member
transportation transition sub-committee service1975-1986 Director of Tariffs and National Port Affairs,
Maryland Port Administration, Baltimore, MD
Responsible for preparing and publishing port tariffs
and negotiating agreements with ocean carriers;
representing the port before the Maryland General
Assembly, U.S. Congress and federal departments and
agencies; and monitoring laws, regulations and
actions proposed and enacted in the U.S. and
internationally affecting the Port of Baltimore;
drafted port use agreements during foreign trade
missions1973-1975 Legislative Counsel, Office of General Counsel,
Federal Maritime Commission, Washington, D.C.
Drafted agency legislation, prepared agency testimony
for presentation to Congress and served as liaison
with the Office of Management and Budget and other
federal departments and agencies; general staff
attorney duties1973 Bill Drafter, Maryland General Assembly1970-1973 Staff, U.S. House of Representatives and House
Merchant Marine and Fisheries Committee1969-1975 U.S. Coast Guard Active Duty and Reserve ServiceOrganizations/Professional & Civic Activities Past & Current Member, Maryland, Washington, D.C. and Federal Bars
Publications Co-Author, ``American-Canadian Cross Border Container
Traffic: Innovation Or Cargo Diversion?'' Journal of
Maritime Law and Commerce Spring 1984 Education JD--University of Maryland School of Law, Baltimore,
MD, 1972
The Chairman. Thank you very much, Chairman Lidinsky.
Mr. Doyle, you may have no relatives even within a thousand
miles of West Virginia.
[Laughter.]
The Chairman. But it makes no difference. We absolutely
welcome you here.
STATEMENT OF WILLIAM P. DOYLE, NOMINEE TO BE COMMISSIONER,
FEDERAL MARITIME COMMISSION
Mr. Doyle. Thank you very much, Senator.
Good morning, Chairman Rockefeller, Ranking Member
Hutchison, and the members of the Committee.
I am honored to have the opportunity to appear before you
this morning as President Barack Obama's nominee to serve as
Commissioner on the Federal Maritime Commission. And I thank
Chairman Lidinsky for his support.
If confirmed by the Senate, I look forward to supporting
the mission of the Federal Maritime Commission to promote a
fair, efficient and reliable international ocean transportation
system, and to protect the public from unfair and deceptive
practices.
Before I proceed, I would like to introduce my wife, Amy
Doyle, our kids Lillian, Billy and Katherine. I would also like
to introduce my mother, Virginia, father, Dennis, my sister,
Betsy, as well as other family members and friends from
Massachusetts, Pennsylvania and Washington, D.C.
Additionally, I would like to extend my gratitude to all
the members of the maritime community, labor, management,
government, for their support.
I am a graduate of Massachusetts Maritime Academy where I
received a Bachelor of Science in marine engineering, and I am
a licensed U.S. Coast Guard officer, marine engineer.
I have served aboard various ships as an officer in the
United States Merchant Marine from 1992 to 2002. While in the
Merchant Marine, I began law school at Widener University in
Harrisburg, Pennsylvania. I spent my winter and summer breaks
of law school as an engineer on tankships, delivering jet fuel
to Israel, running liquid sulphur between U.S. Gulf ports and
serving on U.S. Ready Reserve Force vessels in South Carolina.
For the past year, I have served as Chief of Staff for the
Marine Engineers' Beneficial Association. My experience as a
merchant marine and at MEBA has allowed me to see personally
how the United States relies on its maritime industry for both
military and economic security.
For more than 200 years, the U.S.-flagged merchant marine
has contributed substantially to the U.S. economic vitality and
independence, and helped to underpin America's position as a
global power supporting trade and security.
The maintenance of militarily useful vessels and skilled
merchant mariners in peacetime provides an essential sealift
capability that has been called upon frequently by U.S. armed
forces in times of war and in times of national emergency.
A strong merchant marine also generates tens of thousands
of American jobs, and hundreds of millions of dollars in
economic output for the Nation.
This background has impressed upon me how important it is
that the Commission remains vigilant in carrying out its
statutory mandates to protect the U.S. maritime industry
against any harmful foreign shipping practices.
Prior to becoming Chief of Staff of MEBA, I served as
Director of Permits, Scheduling & Compliance with the Office of
Federal Coordinator for Alaska Natural Gas Transportation
Projects, where I was a lead negotiator on behalf of the
Federal Government in securing cost recovery agreements with
private sector, national and multinational companies.
I managed and directed coordination among approximately 24
U.S. Federal agencies, numerous state agencies, and Federal and
provisional Canadian entities for the permitting and
construction process to build a large-diameter natural gas
pipeline that would transport natural gas from Alaska's North
Slope.
In this role, I drafted the initial regulatory
implementation plans for two separate multi-billion dollar
natural gas pipeline projects.
I am eager to put my experience to work on behalf of the
Federal Maritime Commission if confirmed by the Senate. One of
the Commission's top priorities is working with stakeholders to
significantly increase the export of goods, the vast majority
of which will move on ships. Significantly increasing exports
will require continued coordination and cooperation between the
government and private sector. That coordination may be focused
on increasing the availability of shipping containers for mid-
continent agriculture and manufactured goods, and working with
our overseas trading partners to rectify any limitations to
waterborne export of goods and services.
I believe another top priority for the Commission is
providing regulatory relief to support job growth and the
economic recovery.
I would also emphasize the Commission's effort to reduce
court litigation between parties through its newly established
Rapid Response Teams in its Office of Consumer Affairs and
Dispute Resolution Services.
If confirmed, I will work with the Commission to find fast
solutions to disputes between shipping lines and customers and
ensure that cargo keeps moving. Each of these efforts support
the Commission's role of protecting American exporters,
importers, and consumers.
In closing, I again thank President Obama for his
nomination to serve on the Federal Maritime Commission and the
Committee for allowing me to appear before you this morning. I
welcome any questions you may have.
Thank you.
[The prepared statement and biographical information of Mr.
Doyle follow:]
Prepared Statement of William P. Doyle, Nominee to be Commissioner,
Federal Maritime Commission
Good morning Chairman Rockefeller, Ranking Member Hutchison, and
members of the Committee.
I am honored to have the opportunity to appear before you this
morning as President Barack Obama's nominee to serve as Commissioner on
the Federal Maritime Commission, and I thank Chairman Lidinsky for his
support. If confirmed by the Senate, I look forward to supporting the
mission of the Federal Maritime Commission to promote a fair,
efficient, and reliable international ocean transportation system, and
to protect the public from unfair and deceptive practices.
Before I proceed, I would like to introduce my wife Amy Doyle, and
our kids Lillian, Billy, and Katherine. I would also like to introduce
my mother Virginia and father Dennis, as well as other family members
and friends from Massachusetts, Pennsylvania, and Washington, D.C.
Additionally, I would like to extend my gratitude to all of the members
of maritime industry for their support.
I am a graduate of Massachusetts Maritime Academy, where I received
a Bachelor of Science in Marine Engineering, and I am licensed by the
U.S. Coast Guard as a Marine Engineer. I served aboard various ships as
an officer in the U.S. Merchant Marine from 1992 until 2002. While in
the Merchant Marine, I began law school at Widener University in
Pennsylvania. I spent my winter and summer breaks of law school as an
engineer on tankships, delivering jet fuel to Israel, running liquid
sulphur between U.S. Gulf Coast ports, and serving on U.S. Ready
Reserve Force fleet vessels in South Carolina.
For the past year I have served as the Chief of Staff for the
Marine Engineers' Beneficial Association (MEBA). My experience as a
Merchant Marine and at MEBA have allowed me to see personally how the
United States relies on its maritime industry for both military and
economic security. For more than 200 years, the US-flagged merchant
marine has contributed substantially to U.S. economic vitality and
independence, and helped to underpin America's position as a global
power supporting trade and security. The maintenance of militarily
useful vessels and skilled merchant mariners in peacetime provides an
essential sealift capability that has been called on frequently by U.S.
armed forces in times of war and in times of national emergency. A
strong merchant marine also generates tens of thousands of American
jobs and hundreds of millions of dollars in economic output for the
Nation. This background has impressed upon me how important it is that
the Commission remain vigilant in carrying out its statutory mandates
to protect the U.S. maritime industry against any harmful foreign
shipping practices.
Prior to becoming Chief of Staff for MEBA, I served as Director of
Permits, Scheduling & Compliance with the Office of the Federal
Coordinator for Alaska Natural Gas Transportation Projects, where I was
a lead negotiator on behalf of the Federal Government in securing cost
recovery agreements with private sector national and multinational
companies. I managed and directed coordination among approximately 24
U.S. Federal agencies, numerous state agencies, and Federal and
provincial Canadian entities for the permitting and construction
processes to build a large-diameter natural gas pipeline that would
transport natural gas from Alaska's North Slope. In this role, I
drafted the initial regulatory implementation plans for two separate
multibillion dollar natural gas pipeline projects.
I am eager to put my experience to work on behalf of the Federal
Maritime Commission if confirmed by the Senate. One of the Commission's
top priorities is working with stakeholders to significantly increase
the export of goods, the vast majority of which move on ships.
Significantly increasing exports will require continued coordination
and cooperation between the government and the private sector. That
coordination may be focused on increasing the availability of shipping
containers for mid-continent agriculture and manufactured goods, and
working with our overseas trading partners to rectify any limitations
to waterborne export of goods and services.
I believe another top priority for the Commission is providing
regulatory relief to support job growth and the economic recovery. I
would also emphasize the Commission's effort to reduce court litigation
between parties through its newly established Rapid Response Teams in
its Office of Consumer Affairs and Dispute Resolution Services (CADRS).
If confirmed, I will work with the Commission to find fast solutions to
disputes between shipping lines and customers and ensure that cargo
keeps moving. Each of these efforts support the Commission's role of
protecting American exporters, importers, and consumers.
In closing, I again thank President Obama for his nomination to
serve on the Federal Maritime Commission and the Committee for allowing
me to appear before you this morning. I welcome any questions you may
have.
______
a. biographical information
1. Name (Include any former names or nicknames used): William Paul
Doyle.
2. Position to which nominated: Commissioner, Federal Maritime
Commission.
3. Date of Nomination: February 13, 2012.
4. Address (List current place of residence and office addresses):
Residence: information not released to the public.
Office: 444 North Capitol St., NW, Suite 800, Washington, DC
20001.
5. Date and Place of Birth: July 8, 1969; Boston, Massachusetts.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Amy F. Doyle, Doyle Legal Services, 11 East Market Street,
York, PA 17403; Lillian: 5; William, Jr.: 4; Katherine: 9
months.
7. List all college and graduate degrees. Provide year and school
attended.
Massachusetts Maritime Academy, BS Marine Engineering, 1992.
Widener University School of Law, JD Law, 2000.
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Chief of Staff: Marine Engineers' Beneficial Association
(managerial) (April 25, 2011 to present).
Director of Permits, Scheduling & Compliance: Office of the
Federal Coordinator for Alaska Natural Gas Transportation
Projects (managerial) (April 7, 2008-April 22, 2011).
Deputy General Counsel and Director of Government & Legislative
Affairs: Marine Engineers' Beneficial Association (managerial)
(January 1, 2002-February 18, 2008).
Officer in U.S. Merchant Marine serving aboard U.S.-flag ocean
going vessels 1992-2001 (managerial).
9. Attach a copy of your resume. A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last 5 years.
June 2008 and December 2009: Represent the United States on the
bilateral trade delegation for the U.S.-Canada Energy
Consultative Mechanism meetings where both countries review
bilateral energy trade issues and explore mechanisms for
strengthening and deepening the largest bilateral energy
relationship in the world--under the Obama and Bush
Administrations.
2008-2010: Represent the U.S. in the annual coordination
meetings between the U.S. Pipeline and Hazardous Materials
Safety Administration and Canada's National Energy Board--under
Obama and Bush Administrations.
October 2006-January 2008: United Sates Trade Representative
Served as Liaison on the Labor Advisory Committee (LAC). The
advisory committee assists the President of the United States
in soliciting and obtaining advice from industry, agriculture,
environmental, labor and other non-governmental organizations
throughout the trade policy process.
May 2004-January 2008: United States Department of Labor Served
as Representative on the Advisory Committee on Apprenticeship
(ACA). ACA is composed of individuals appointed by the U.S.
Secretary of Labor.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last 5 years: None.
12. Please list each membership you have had during the past 10
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
Jewish Community Center of York, Pennsylvania (January 2008 to
present).
MEBA, District No. 1-PCD (September 1992 to present).
National Marine Engineers' Beneficial Association (Delegate
2004-2007) (Member, September 1992 to present)
Country Club of York, Pennsylvania (June 2011 to present).
St. Joseph Parish, York, Pennsylvania (January 2006 to
present).
Propeller Club of the United States (2002-7; 2011 to present).
National Defense Transportation Association (2002-2008).
None of the aforementioned organizations restricts membership on
the basis of sex, race, color, religion, national origin, age, or
handicap.
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt: No.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period.
MEBA Political Action Fund (PAC Fund)
2002: $454.30
2003: $746.35
2004: $746.35
2005: $778.80
2006: $713.90
2007: $843.70
2011: $1,000
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Outstanding Achievement in Advanced Contracts, May 2000, Widener
University School of Law.
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
Delivered Statement at Public Meeting on Existing Cargo
Preference Regulations, Docket Number MARAD 2001-012, before
the U.S. Maritime Administration (October 3, 2011).
Provided Written Testimony to the Marcellus Shale Advisory
Commission, Efficient Use of Government Resources: Natural Gas
Exploration, Production & Transportation (April 19, 2011).
First Phase Consolidated Implementation Plan specific to
Denali, a joint venture between ConocoPhillips and BP (author)
(June 2009).
Summary of FERC's Order in Response to the State of Alaska's
Request on the Open Seasons (author) (August 2010).
FERC Approves Denali Open Season Plan (author) (June 2010).
APP filed field work update to FERC (author) (October 2010).
Denali Files Open Season Plan With FERC (author) (April 2010).
CERA Week 2010--An Overview (author) (March 2010).
Alaska's Natural Gas Is Good (author) (February 2010).
Natural Gas, the Place for Job Creation (author) (January
2010).
LiDAR for Terrain Mapping on the Alaska Pipeline Corridor, A
White Paper (co-author) (August 2009).
First Phase Consolidated Implementation Plan--Alaska Pipeline
Project, ExxonMobil/TransCanada (author) (May 2010).
Summary of Shell Oil's Interest in Alaska: Beaufort Sea
Frontier Drilling, Armada Companies (June 2007).
Rats and Wounds in Bruce Springsteen's Jungleland: A Prelude to
the Lawyer as Poet Advocate, 14 Widener L.J. 731 (2004-2005).
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
Delivered Testimony before the U.S. House of Representatives,
Committee on Transportation and Infrastructure, Subcommittee on
Coast Guard and Maritime, Hearing on the Challenges Facing the
Coast Guard's Marine Safety Program, August 2, 2007.
Delivered Testimony before the U.S. House of Representatives,
Committee on Transportation and Infrastructure Subcommittee on
Coast Guard and Maritime Transportation, Hearing on the Safety
of LNG and the Impact on Port Operations, May 7, 2007.
Delivered Testimony before the U.S. House of Representatives,
Committee on Transportation and Infrastructure, Subcommittee on
Coast Guard and Maritime Transportation, Hearing on the Safety
of LNG and the Impact on Port Operations, April 23, 2007.
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I have spent my entire professional career in the transportation
area, most of which has been in the maritime sector. I am a licensed
attorney and directly managed cases, disputes, arbitrations, and
complex transactions in the maritime field of practice. I am a U.S.
Coast Guard licensed engineer and officer in the U.S. Merchant Marine
and sailed commercially on vessels in the domestic and international
trades. In addition, I have served as a Director in the Office of
Federal Coordinator for Alaska Natural Gas Transportation Projects (a
Federal agency) with responsibilities that include troubleshooting
regulatory matters, issues, and concerns among 20-plus state and
Federal agencies as well as fostering good relations with government
agencies in Canada.
If confirmed, I hope to use my professional experience to support
regulatory relief for the maritime industry, support the growth of U.S.
exports, and protect the American exporter, importer, and consumer.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
If confirmed, I will work to assist the Chairman, Inspector
General, and senior staff in ensuring that the Federal Maritime has
proper management and accounting controls in place. In this endeavor, I
will draw on my years of experience as a manager and attorney who
handled extensive contracting and management issues for governmental
and private sector organizations. As Chief of Staff recently, I
spearheaded or managed some 30 contract negotiations with entities
spread throughout the United States. I made sure the appropriate
internal personnel were assigned to contract negotiation groups there
by limiting and reducing dependence on expensive outside professional
services.
I also served as a Director for a Federal agency where I managed
coordinating the Federal permitting activities of over 20 Federal
regulatory agencies and permitting agencies in the State of Alaska and
agencies in Canada. In a 2-year period, the office published two
comprehensive implementation plans that set the regulatory framework
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
I plan to maintain a 401K retirement account, Money Purchase
Benefit Plan (MPB) defined contribution plan, and a Pension Trust Plan
defined benefit plan with MEBA, my current employer. If confirmed, I
will resign from my current position of employment and no further
contributions will be made to those plans by MEBA or me.
In connection with the nomination process, I have consulted with
the FMC's designated ethics official to identify potential conflicts of
interest. Any potential conflicts of interest will be resolved in
accordance with the terms of an ethics agreement that I have entered
into with the FMC's designated agency ethics official and that has been
provided to this Committee. I am not aware of any other potential
conflicts of interest.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain: No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
In connection with the nomination process, I have consulted with
the FMC's designated ethics official to identify potential conflicts of
interest. Any potential conflicts of interest will be resolved in
accordance with the terms of an ethics agreement that I have entered
into with the FMC's designated agency ethics official and that has been
provided to this Committee. I am not aware of any other potential
conflicts of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
In connection with the nomination process, I have consulted with
the FMC's designated ethics official to identify potential conflicts of
interest. Any potential conflicts of interest will be resolved in
accordance with the terms of an ethics agreement that I have entered
into with the FMC's designated agency ethics official and that has been
provided to this Committee. I am not aware of any other potential
conflicts of interest.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy.
From 2002-2007, my organization followed and participated in
discussion groups, task force, and coalitions that pertained to Coast
Guard Authorization Bills.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
Any potential conflicts of interest will be resolved in accordance
with the terms of an ethics agreement that I have entered into with the
FMC's designated ethics official and that has been provided to this
Committee.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain: No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain.
I was a signatory to a summer rental house in 1995 in Newport,
Rhode Island. We received a summons for a noise violation. I was served
with the noise violation and paid the fine.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain: No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain.
I was a signatory to a summer rental house in 1995 in Newport,
Rhode Island. We received a summons for a noise violation. I was served
with the noise violation and paid the fine.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain: No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
resume of william p. doyle, esquire
Highlights
Chief of Staff--Marine Engineers' Beneficial Association
Troubleshooting
Manage maritime policy and strategy for creating jobs
Energy/Infrastructure--Alaska Natural Gas Transportation Projects
Manage and direct 24 federal agencies in the permitting and
construction processes for a large diameter natural gas
pipeline that will transport gas from Alaska's North Slope to
lower-48 markets
Drafted the initial Implementation Plans and then
consolidated and edited four rounds of comments from all
participating federal agencies. The Plans were reviewed by the
Executive Office of the President and published in June of
2009, and May 2010 respectively
At an estimated construction cost of $40 billion the
mainline is considered the largest private sector construction
project ever undertaken in North America and is expected to
create tens of thousands of jobs
LNG Deepwater Port Projects
Managed testimony and personnel advocating for the safe and
secure importation of Liquefied Natural Gas to deepwater port
terminals off the coast of Massachusetts (Maritime
Administration executed deepwater port importation license in
2007 on Northeast Gateway, Excelerate Energy). Construction of
the offshore $200 Million project and connection to Algonquin
pipe line was completed in 2008 and began receiving gas in 2009
Representative for U.S.-Canada Bilateral Energy Discussions
Selected to represent the United States on the bilateral
trade delegation for the U.S.-Canada Energy Consultative
Mechanism meetings where both countries review bilateral energy
trade issues and explore mechanisms for strengthening and
deepening the largest bilateral energy relationship in the
world--under the Obama and Bush Administrations
Representative, Annual Coordination Meeting U.S.-Canada
Represent the U.S. in the annual coordination meeting
between the U.S. Pipeline and Hazardous Materials Safety
Administration and Canada's National Energy Board--under the
Obama and Bush Administrations
International Shale Working Group--U.S. Department of State
Selected by U.S. Department of State to participate in the
Shale Gas Workshop to assess resources, supply options and
market conditions--under Obama Administration
Tax-International Trade
Worked directly with IRS and Treasury to comply with world
trade issues and international tax regulations between the
United States and European Union states such as Belgium so that
U.S. citizens do not have to pay double taxes. This effort
allowed taxes to be paid in the U.S. only and not in Belgium
Congressional Testimony
Testify before Congressional Committees on energy and
transportation matters
Prepare and deliver oral and/or written testimony before the
Senate Committee on Commerce & Transportation; Senate Committee
on Homeland Security & Government Affairs, House Transportation
& Infrastructure Committee, the House Homeland Security
Committee, and the House T&I Subcommittee on Coast Guard
Professional Experience
Marine Engineers' Beneficial Association
Washington, D.C.
April 2011-Present
Chief of Staff
Direct and Manage Internal and External Communications
Direct and manage all legislative and administrative
strategies
Direct and Manage Business Development
Mange Staff in 16 Branch Offices in United States
Office of the Federal Coordinator (OFC) for Alaska Natural Gas
Transportation Projects
Washington, D.C. and Anchorage, Alaska
April, 2008-Present
Director of Permitting, Scheduling & Compliance
Responsibilities Include:
Lead negotiator for federal government on securing cost
recovery agreements and reimbursable service agreements with
private sector national and multinational energy companies such
as with ExxonMobil, BP and ConocoPhillips
Manage and resolve conflicts between the private sector and
all federal permitting agencies and conflicts that arise
between the federal agencies
Natural Gas Pipeline Federal Permits Matrix: Principal
developer and manager of a the first of its kind ``Permits
Matrix'' to help track and coordinate all federal agency
activities including the environmental impact statement process
and subsequent agency approvals of an Alaska natural gas
pipeline. Managed contracted staff from the U.S. Department of
Energy, Argonne National Laboratory and Los Alamos National
Laboratory
Developed and lead the Interagency Government Team that
meets monthly to discuss regulatory progress and developments
on the pipeline projects. The Interagency Government Team is
comprised of representatives from 24 federal agencies including
FERC, DOT-PHMSA, Department of Energy, EPA, U.S. Army Corps and
Department of Interior agencies. The applicants, state agencies
and Canada agencies attend the meetings upon invitation
Establish and manage relationships with Government of Canada
including within the Provinces
MEBA
Washington, D.C.
January, 2002-February, 2008
Director of Government and Legislative Affairs
Deputy General Counsel
Responsibilities Included:
Directing the day to day legal affairs of 16 branch offices
situated on the East Coast, Gulf Coast, West Coast and Great
Lakes. This included conducting collective bargaining
negotiations; grievances, arbitrations and drafting contracts
Manage and direct all public relations, internal and
external communications
Secure and manage teams of contractors and consultants
Drafting contracts between labor and the private sector in
response to requests for proposals to manage hundreds of
millions of dollars in assets owned by the federal government
Drafting and/or authorizing all official comments in
response to Federal Register notices Interacting with all
levels of the federal and state government
Providing testimony before the U.S. Congress
U.S. Coast Guard Licensed Marine Engineer
1992-2001
U.S. Coast Guard License for Gas Turbine, Steam and Internal
Combustion Engines
Officer in the United States Merchant Marine: Marine
Engineer
Serve as Marine Engineer on privately operated ocean-going
vessels transporting commercial, petroleum, chemical and
military cargo worldwide
Stationed in Diego Garcia, British Indian Ocean Territory
(BIOT) on ammunition ships that were prepositioned in the
region for support in the Somalia and Kosovo conflicts
Responsible for the safe and secure transportation of liquid
fuels, chemicals, U.S. military equipment, ammunition, dry
cargo and environmental compliance
During law school winter and summer breaks delivered jet
fuel on tankers to Haifa, Israel and served on U.S. government
owned Ready Reserve Fleet vessels in Charleston, South Carolina
Security Clearances
Top Secret Security Clearance, U.S. Office Personnel Management
Education
October, 2006: Graduate of Academy of WTO Law & Policy Institute of
lnternational Economic Law, Georgetown University Law Center
May, 2000: Juris Doctor, Widener University School of Law, Harrisburg,
Pennsylvania
May, 1992: Bachelor of Science, Marine Engineering, Massachusetts
Maritime Academy; U.S. Coast Guard Licensed Marine Engineer
Licensed Attorney/Bar Associations
Massachusetts and Pennsylvania
The Chairman. Thank you very much.
I want to point out that we're very fortunate on this
committee to have two senators from Arkansas. And everybody
wants to be in this Committee, so if you get selected for this
Committee, you have got to be absolutely brilliant.
And, so Senator Pryor and Senator Boozman fit that
category, and they will be asking questions too. And I welcome
them.
Dr. Falcone, you're going to have a huge amount of time
spent on cybersecurity, I do believe. And OSTP coordinates a
lot of that, with research and development, with the other
factors.
Now, we have a situation in the Congress where we're really
not making a whole lot of progress on cybersecurity, and it's a
very distressing situation.
And it comes down I think to whether or not some people who
feel very strongly that we should cover critical infrastructure
because that's sort of the heart and soul of what's at stake in
this country through hacking.
And others feel that we absolutely should not, and that it
would be government reach of rules and regulations, things of
this sort. But they're heartfelt positions.
Putting you just a bit on the spot, but it's a very, very
important question, because we're just not moving this bill.
And there's no excuse for that. Do you have any thoughts on
what I just said?
Dr. Falcone. Thank you, Senator.
Yes, of course, cybersecurity is a very important topic
that has very critical, technical dimensions as well as a lot
of unchartered policy space.
And I think we can all acknowledge that what our objective
is is a secure, open and innovative Internet, cyberspace, that
preserves the freedoms of our citizens and protects their
safety.
OSTP's role and engagement has been in the research and
development area. As you know, there was a strategic plan that
OSTP was involved in, not me, personally. Let me say that this
is not an area that I have been working on personally at OSTP
in my assignment on loan from Sandia.
But the trustworthy cyberspace strategic plan was released.
It lays out a set of thrust for research and development. That
work, and OSTP's role, has been in a couple of ways.
One, participating in the discussions within the Executive
Office of the President. Also participating through the
National Science and Technology Council that prepared this plan
and oversees some of the research activities that go on.
And, third, as a part and engagement with the larger
research community. So through research and development, I
think we are going to be able to bring some tools to help meet
those objectives that we all have.
The Chairman. That was a skilled answer.
I just want to ask one question of each, and go through
them, and then I'll come back for further questions.
Ms. Robinson, you've been focused on implementing the
Consumer Product Safety Improvement Act. The Commission's been
hard at work and has implemented almost all major provisions of
the law.
Now, you've hired, or there have been hired, over 100
additional staff, probably because of the Act. This has
significantly increased surveillance of unsafe products at the
border.
So a lot of progress has been made. My question to you is,
what other priorities do you have for the Commission? And, in
looking to the future, in what ways can the Commission improve
consumer product safety?
Ms. Robinson. Thank you, Senator.
I agree with you that the progress that's been made under
the Consumer Product Safety Improvement Act is so incredibly
impressive.
I do think that the focus, once the 104 rules are in place,
is going to have to move to enforcement, and particularly with
keeping products out of this country that shouldn't be here in
the first place.
So I think that's going to be the next challenge, and I
know that the other commissioners and the staff share that
concern and are working on it.
We now, as you well know, are monitoring 15 of our ports.
We have 300 plus. But I know that that enforcement and making
sure that American manufacturers are on the same even playing
field with foreign manufacturers is going to be a very big part
of the effort going forward.
And then, I guess, the second area I would say is in
outreach and education. Because, obviously, social media tools
and the website are a huge move forward in that regard. But
there are other parts of our society, obviously, the poor, the
rural, the elderly, whom we are not reaching through those
efforts. And so, I think that is going to be very much a part
of the thrust going forward.
The Chairman. I thank you.
Chairman Lidinsky, you provided professional and forward-
thinking leadership at the Commission, and we're all very aware
of that, and proud of it.
What do you see, frankly, is your, as the major things that
you've been able to do, and what do you see are the major
things that yet remain to be done that you have a chance of
doing?
Mr. Lidinsky. Thank you for the question, Mr. Chairman.
I think the major thing that I am most proud of is the fact
that after two and a half years of no leadership at the
Commission, that we've got the ship sailing again.
And we got some, and some might disagree what direction
we're sailing on certain issues, but we're moving forward.
Shortly after I was confirmed, the Journal of Commerce
shipping paper in New York had an article where it said, the
Commission was dead in the water, it was irrelevant, it didn't
take up any issues.
About 3 months later, they said we were on steroids, we
were moving so fast. So I would think we've set a good agenda.
I mentioned about getting rid of the antiquated tariffs.
Another issue we have before us was for 20 years, the
Commission had not revised the bonding requirement for cruise
vessels. And cruise vessels were living with 1990 bond limits.
We've doubled those limits. We have a proceeding underway, and
we're looking at additional means of regulating the cruise
lines.
We have in the consumer affairs and safety office a lady
who's a specialist in dealing with cruise complaints. So we
tried to help the public in that regard as well.
But I think the final big picture is in the years ahead,
should I be confirmed, is reconciling our needs for water-borne
commerce with the rest of the world.
You know, 96 percent of our water-borne commerce is carried
on foreign flag vessels. So we've got to make sure that our
people are protected. We got to make sure that there is a very
strong international maritime regime that we can be part of.
The Chairman. Good. Thank you.
Mr. Doyle, just to round it out. I've gone over my time a
bit.
You have repealed the antitrust exemption for ocean
carriers in 2008. The major ocean carriers are no longer
allowed to collude to set rates.
Now antitrust and competition issues are important to me
and to West Virginia, and I've made a 26-year career of not
making any progress on that subject. But I try and will
continue to.
The FMC, this year, released a study on the effect of
Europe's repeal of antitrust exemption on shipping rates with
China. And interestingly, it found out that there was very
little effect at all.
There was some sort of variation. Rates could be volatile
from time to time, but, basically, they sort of stayed the
same. So, Mr. Doyle, why should the U.S. permit ocean carriers
to collude on rates if collusion has a minimal effect on the
price either way?
And, second, if you're confirmed, do you recommend any
further studies of actions on ocean carrier immunity from the
Federal Maritime Commission?
Mr. Doyle. Thank you, Senator.
If confirmed, I would do everything that I could do to help
with, you know, analyzing the facts that came back on the EU
study. Now, I do know that the EU study came back and said that
there were minimum impacts.
But with respect to the United States, on the antitrust
immunity, I think we're still going through the facts, or the
office is still going through the facts that came back, and
recommendations.
Antitrust immunity is something that is left for Congress.
And if Congress were to come up with some legislation that was
enacted with respect to the antitrust immunity, the FMC would
abide by what Congress states and enacts into law.
As a regulator, when it comes to antitrust immunity, it's
up to Congress to do it, and we will follow the direction of
what Congress mandates.
The Chairman. I respect your answer.
Senator Hutchison?
Senator Hutchison. Thank you. I'm not sure I'm going to be
able to ask all the questions that I need in our short time.
But I want to start with Ms. Robinson.
Some of the earlier decisions on the Consumer Product
Safety Improvement Act have been three to two decisions, and
have avoided the cost-benefit analysis, on the grounds that the
statutory language does not require the inquiry, and that
conducting the analysis would be time consuming.
Now, that is an important part of the gist of the Act
because we all want safety regulations to be put in place that
will be effective. But cost-benefit analysis is certainly an
important part of that from my standpoint.
How do you feel about the cost-benefit analysis
requirement, and would you adhere to the spirit of the law that
makes that a component of a regulation?
Ms. Robinson. Thank you, Senator.
I think that cost-benefit analysis is obviously very
important where it's appropriate. And I do know that a lot of
that has been dictated by Congress. And I very much will follow
those dictates.
But I do understand the spirit of your question, I think,
as well. And while I think everyone in this room wants to make
sure our products are safe, particularly for our children, it
is critical that we make sure that America continues to be a
country in which it's a good place to manufacture products.
So I think that balance is an important one, and I
certainly, if I'm confirmed, will very much follow the spirit
of the law in that regard.
Senator Hutchison. Thank you. I appreciate that.
And, as I said in my opening statement, I think the
Commission has taken a turn for the better in its coordination
and trying to come to terms where it's not just 3-2 decisions.
And I hope that you would pledge to be a part of that kind of
working toward consensus where possible.
Ms. Robinson. Absolutely, Senator. And I completely agree
with you. I mean the unanimous decisions aren't the ones that
end up in the newspaper.
But I really view the Commission as a quasi-judicial forum.
I think that politics should be left on the doorstep, and that
we should all work toward safety in our products which is the
mission of the Commission.
Obviously, with five people who are smart and capable,
you're going to have disagreements. I certainly think my
experience on the Dalkon Shield Trust with working with four
other very smart, capable people--there were strong
disagreements. But we were able to reach consensus because we
knew what our mission was. And I expect that to be the same at
the Commission. And I have met three of the four commissioners.
I'm extremely impressed with them.
Anne Northrup and I have not met only because we haven't
been in D.C. at the same time, but we will soon, and I very
much look forward, if confirmed, to working with all four of
them.
Senator Hutchison. OK. Let me ask you one more question,
and then I hope I can go to Dr. Falcone.
The Consumer Product Safety Improvement Act established
that the Commission would put together a publicly available
database on safety of products, which I thought was very good.
In fact, I will have to say that Mr. Pryor sitting here was
the architect of this law, and we had a lot of back and forth,
and I will say came up with a lot of compromises in this bill.
One of those is this database that I think is very good if
it is used correctly. My question to you is, sometimes there
have been things put on it, or comments put on it, without any
filtering for accuracy.
How would you propose, as a commissioner, to assure that
what is put on it does not have information that isn't accurate
so that it can be a true picture for the consumer?
Ms. Robinson. Well, my understanding, Senator, is that
there are pretty strict constraints on what's going to be put
on the website. And, certainly, with the amendments that were
made, the companies are given even a larger time parameter
within which to respond.
I think it's very important. I agree with you, Senator,
that the information on the website be accurate. I'm not
certain exactly of what you're speaking, but certainly, if I'm
confirmed, I will work very hard to make sure of the accuracy
of the comments that are put on the website.
Senator Hutchison. Well, what's happened is that there
needs to be some way to show when it is a consumer that has a
comment versus a competitor of the product, someone, another
company that makes the product.
And so, sometimes, things are going in that are suspected
to be from a competitor as opposed to a real consumer, and it's
hard I know to get the information out but also to assure that
there's accuracy.
And I would just ask that you look at that. Let me quickly
see if I can talk to Dr. Falcone because I'm intrigued,
intrigued of course, that you got the first mechanical
engineering degree as a woman from Princeton.
And I'm so pleased that you're going to take on encouraging
other girls to come up and want to be engineers and
mathematicians and scientists because that's something I have
tried to do as well.
But let me ask you from the Sandia experience and then
where you're going into security. I'd like to know your
priorities and also if nuclear testing safety is one of the
things that you would be looking at from your Sandia
experience, and what are the other priorities in defense, in
national security for the science function.
Dr. Falcone. Thank you, Senator.
Let's see, with respect to priorities, I think overall the
key priority I think is making sure that we've got science and
technology, a set of capabilities in this country that are
first class and well matched to the country's resources.
And, specifically, the work at OSTP, our director often,
John Holdren, often says that our business is the science and
technology for policy and policy for science and technology.
And with respect to national security and international
affairs, in the policy domain, what I would seek to do, were I
confirmed for this position, is to ensure that we have the very
best technical information as a part of policy discussions in
important areas like cybersecurity which we just talked about,
defense against biological threats, nuclear security, aspects
of our military and intelligence capabilities that we have.
And also to work in this policy for science and technology
to make sure that our policies related to the science and
technology enterprises that supports national security. So our
industries, so our small businesses, the universities that are
engaged in supporting, and the dedicated Federal institutions
which I have experience from in just one.
That those are sorted out so that they, that many of the
processes that we use were created post-World II, post-Sputnik,
and so what we have to be sure of is that the processes and
policies make that whole enterprise well-matched for the future
challenges.
So those are the two areas I would seek to work in.
Senator Hutchison. Thank you. I hope that if I have time in
the second round that I'll be able to ask you, Mr. Lidinsky,
but thank you very much, Mr. Chairman.
The Chairman. Thank you, Senator Hutchison. Senator
Cantwell.
Senator Cantwell. Thank you, Mr. Chairman.
I'd like to ask Mr. Doyle and Mr. Lidinsky to follow up
kind of on my statement. First of all, thank you for your
willingness to serve in this capacity.
Obviously, one of the big things that we face is
competition. We have the Panama Canal expansion. We have lots
of infrastructure improvement being made in the northern, in
Canada.
And so since the Harbor Maintenance Tax has been in place,
we have used that money for dredging and various things, but
the majority if the money goes unspent. In fact, in 2011, there
was a surplus of $6.3 billion.
So my question is, as we see the Canadian rail system make
improvements, as we see these Panama Canal improvements, all of
the competition for improving freight lines means that we have
to continue to be competitive on the U.S. side.
So, how do you think the ports can be more competitive in
improving their infrastructure, using the Harbor Maintenance
Tax or making some changes to it that would help us continue to
be competitive in the future?
Mr. Lidinsky. Well, as the Senator mentioned, ports are one
of the most competitive systems in our country and the
competition between U.S. ports is vicious.
When you cross international borders, however, it adds
another dimension to this issue. And that's why the Commission
has voted 5 to nothing to take up the issue of Prince Rupert
and the Canadian diversion that's taking place there.
The Commission has been criticized for doing that, but
we're moving full speed ahead. We've received nearly 100
comments of detailed responses. We hope to finish the study by
the end of spring, publish it early in the summer.
But the Senator also has put her finger on one of the key
issues, and that is the use of the harbor maintenance tax,
particularly, as it could support infrastructure and intermodal
facilities.
A lot of people we are finding are using the Canadian
alternative because they complain of port delays and complain
of ancient infrastructure in our ports. That's why a bill like
I think the Committee has S. 371 before it to fund these ports,
use some of that harbor maintenance fund to help our ports
streamline their handling of the cargo.
And that will go a long way in the competitive realm.
Senator Cantwell. Thank you. Mr. Doyle, did you want to
comment on that?
Mr. Doyle. If confirmed, to the extent that the FMC can
provide objective facts and data with respect to the ports.
One thing I would point out is that I believe that there's
a bill, H.R. 104 which has strong bipartisan support in the
House, and that's for the proper use of the harbor maintenance
fund, using the harbor maintenance fund for its intended
purpose.
And, you know, if that were to get enacted into law to the
extent that the Federal Maritime Commission could help out and
provide objective facts and have some role in it, I would be
bound by that law.
Senator Cantwell. Well, I think the issue is that we have
an existing fund that's being underutilized, and we have
incredible competition coming at us.
And so the question is will you two lead the charge in
looking at ways to maintain the competitiveness of our ports
and ways to innovate. Because, if we don't, I guarantee you,
the infrastructure investment, I'll give you a different
example.
So the Port of Vancouver has the second largest grain
elevator in the world there. When I asked him why do we have
the second largest grain elevator in the world, and they said
because the rising middle class in Asia wants to eat beef. And
if they want to eat beef, they need our grain.
Well, that's a positive story for us. Now, the dredging
that was done there obviously allowed us to get larger ships
in. But there are other examples of where if we're just
approaching it from a dredging perspective, then we're only
looking at one piece of the equation.
That is not the number one or two ports in our state. It
was a very important port. But all of these things, we have to
realize with the global economy around the world, lots of other
nations are going to cut down their transportation time.
And then somebody's going to make a decision as it relates
to the Asian market based on that. So the question is, are we
going to innovate and continue to move forward.
Mr. Lidinsky. Well, the Senator again is correct, and
that's why the Commission's taken a leadership position in this
matter.
Two containers leave Shanghai, China headed for the United
States for Akron, Ohio. One comes through Prince Rupert, Canada
and pays no harbor maintenance tax because it crosses the
border in Chicago or Great Falls, Minnesota.
The other container comes through Seattle, or Oakland, and
pays harbor maintenance tax. So in the competitive world again
of shipping, shippers know costs, and this puts our country at
a disadvantage.
That's why we're taking a very strong look at this and will
come to you with recommendations in that area.
Senator Cantwell. Well, thank you, Mr. Lidinsky. So, Mr.
Doyle, I detect a hesitancy on your part on this issue.
Mr. Doyle. I don't have the benefit of seeing all the data
that the Federal Maritime Commission has gathered at this
point. But I would like to, you know, stay with the statement
on Mr. Lidinsky.
When the report comes out at the end of the summer, we
could take a strong look at what is going on between the
competitiveness, and whether or not that Harbor Maintenance Tax
in the United States side as opposed to Prince Rupert is a
significant problem.
Senator Cantwell. Well, I think just as in the private
sector, whether you're Boeing or Microsoft or Starbucks, you
have to continue to innovate to stay competitive.
On our government's side, we have to do the same thing. We
have to have modernization if we're going to stay competitive
in these markets. So I thank the Chairman, and I thank the
witnesses.
The Chairman. Thank you, Senator Cantwell. Senator Pryor.
STATEMENT OF HON. MARK PRYOR,
U.S. SENATOR FROM ARKANSAS
Senator Pryor. Thank you, Mr. Chairman.
And if I may, I'd like to start with you, Ms. Robinson. I'm
delighted that you are interested in serving on the CPSC. I'd
like to follow up with a couple of points that Senator
Hutchison made a few moments ago.
First, on the database. My understanding sounds like it's
consistent with yours that we tried very hard with the
parameters of the database to make sure that there weren't
competitors going on there and, you know, a lot of false
information on there.
But I think maybe what we ought to do, if it's okay with
Senator Hutchison, is maybe your staff, my staff and maybe CPSC
database people can sit down and let's look at what they really
have there. And I think we put the parameters on there, and I
just hope that it's working as designed.
Senator Hutchison. I agree.
And I think what we should do is just ask her if she will
also take this on as an area of interest because I think it's
in everyone's interest for us to have that data base.
Senator Pryor. Right.
Senator Hutchison. It was your concept. I thought it was
great.
Senator Pryor. Thank you.
Senator Hutchison. But you do need to make sure that you're
not infiltrated with competitors that are not sincere.
Senator Pryor. That has always been the concern.
I think that, my understanding is, at least initially, the
bigger problem was more consumers misidentifying products or
getting the models wrong, or the manufacturers wrong, or
something like that.
But I would like to, I think it would be helpful if we sat
down with CPSC folks and talked about that. So that would be
great. Thank you.
Senator Hutchison. Great.
Senator Pryor. And we would love for you, once you get on
the Commission, to monitor that and make sure that stays the
way it should.
Another thing that Senator Hutchison mentioned a few
moments ago is the 3-2 decisions. And I do agree. I think that
we should, that the CPSC should work very, very hard to avoid
3-2 decisions if possible. Try to find consensus and get to 4-
1, or 5-0 decisions.
I think that's just better all the way around. I will say
this though that I was very disturbed and concerned with the
headline I saw in the Washington Post back in November where it
says that, the headline said, partisan gridlock threatens the
CPSC.
And it was basically a story about how there's a divide
there. And I would hope that the CPSC and you would always
remember that when that bill passed, CPSIA passed here in the
Senate, it was a huge bipartisan vote. Same within the House.
And I would hope that the CPSC would work in a bipartisan
way. I would hope that the CPSC would reflect that
bipartisanship that we had in the House and the Senate.
And I will say that at least one member, one commissioner,
maybe two, have blogs. I don't think that's appropriate.
I don't think our CPSC Commissioner should have blogs. I
know that one blog in particular had a political cartoon of a
Congressman, featuring a Congressman. I don't think that's
appropriate.
I think that's a poor use of very limited government
resources. I hope you will never have a blog. I just don't see
how that's helping consumers.
The mission of that agency is to make sure that we have
safe consumer products and that we do it in a very fair and
sensible way.
And I think, I'm hoping with the CPSIA and even with this
amendment that we recently passed, that we are accomplishing
that.
And one of the things that I think we all learned as we
worked on this legislation a few years ago, is we heard from
consumer groups. We heard from manufacturers. We heard from
businesses.
We just heard from everybody under the sun it seemed like,
but one thing we learned is that no one is right 100 percent of
the time. You know everybody sees things a little differently,
and there are mistakes that are made. And there are ways to fix
those.
But that kind of leads back to you with your work on the
Dalkon Shield cases. And I'm curious about you working together
with, you mentioned a group, of what, four others I believe you
said.
How do you think that experience prepared you to serve on
the Consumer Product Safety Commission?
Ms. Robinson. Thank you for the question, Senator.
I completely agree with you that the mission of this
Commission is so critically important.
And the idea of politics entering into it, I don't think is
anything anybody in this room or in Congress has in mind.
I think that my experience with working with the Dalkon
Shield Trust and the completely transparent way in which that
was run, with the Federal Judge overseeing it, we were able to
run it in a way that was responsible enough that we not only
compensated people who had injuries ranging from, ``I used it
and I think I may have been hurt,'' to literally, deaths,
infertility and brain-injured children.
We were able to dispense that money very fairly, and at the
end do a 90 percent pro rata distribution because of the
responsible way in which we ran the trust.
And I think that experience with working with four, I was
the only practicing lawyer on the Trust, and we had four very
distinct personalities and people with agendas, and we just
worked it through.
And we remained friendly as we did it, but I think there's
something to be said for collective wisdom. I assume that
Congress knew what it was doing when they put five
commissioners in instead of one.
And respecting the opinions of others and sharing those
views and trying to come to consensus is what I would hope that
the Commission would do. And if I'm confirmed, I very much will
work toward that goal.
Mr. Pryor. Thank you. Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Pryor. Senator Boozman.
STATEMENT OF HON. JOHN BOOZMAN,
U.S. SENATOR FROM ARKANSAS
Senator Boozman. Thank you.
Ms. Robinson, you mentioned that Section 104 rulemaking
would be one of your priorities if confirmed.
As you may be aware, one of the recent rulemaking rules
under this section had to do with children's cribs. And, you
know, the rulemaking wasn't perfect.
Some members of the industry had concerns that the
Commission's action did not adequately address their concerns
about unsold inventory.
I got involved a little bit in the sense that I know some
of the daycare centers had bought mattresses and then, you
know, had immediately to get rid of them. And I think
subsequently then had to get rid of those.
I guess, how do you deal with that? How do we make this
process better so that in this particular case and I think I
can mention others, we all could, where you had similar things.
In this particular case, the safety of the children is the
paramount issue. But how do you do that and yet make it such so
that you don't have all of this adverse economic, adverse
economic activity happen.
And many times people are out there working so hard just to
make a living and this and that, and then it so negatively
impact them in this very difficult economy that we're in right
now.
Ms. Robinson. Thank you for that question, Senator.
My understanding of the crib safety standards is that,
first of all, everything with respect to that, both the
standards and the deadlines and the extension of the deadline
with respect to the public facilities were unanimous decisions
which tells me something about the consideration that went into
it.
Obviously, nobody's going to disagree with the statement
that if there's one place we should be able to make sure our
youngest, most vulnerable citizens are safe is in their cribs.
And those standards I think were very important and as I
understand the standard, I think we can all be proud that we
have the highest safety standards for cribs anywhere in the
world.
That having been said, your concern that you bring up is a
very real one. And my understanding is that the people at the
Commission very much took that into consideration in extending
the deadline for the public facilities to comply with it, and
are trying the best they can to get the word out through the
various trade organizations and through various other sources
to try to make sure that the word gets out there so that you
don't end up with the situation that you described that I would
have equal concern with the investments being made by these
small businesses and then having to do away with the products.
So I think my understanding is that the staff at the Commission
and the commissioners have been working very hard to make sure
that that problem is addressed, but at the same time have these
safety standards that we're all so proud of.
Mr. Boozman. Good.
And, again, I think that we need to be mindful. I think
sometimes we put commissions in a situation where, and they're
following their procedures, that they have to do things
sometimes that they don't necessarily want to do.
You know, that there's not some common sense. So again, you
know, hopefully we can help you, you know, find the flexibility
that the Commission needs to be able----
Ms. Robinson. And I appreciate that, Senator.
My understanding is that if I'm confirmed, I can look
forward to working very closely with the members of this
committee to provide just that kind of flexibility. And, if we
need it, that you are the people to come to.
And I understand that's what happened with the amendments
that were put through last year, is that those concerns were
raised.
Senator Boozman. Thank you, Mr. Chairman.
The Chairman. I have other questions, but I'm going to
submit them for the record, and that's just simply because of
my schedule which seems to have been poorly attended to this
morning.
I think Senator Hutchison, however, has a question.
Senator Hutchison. Well, I just want to say that it was
Senator Cantwell who really brought up the question I was going
to ask of our two Maritime Commission nominees.
And it is on the Harbor Maintenance Tax, and I am the co-
sponsor with Senator Levin of the bill that would assure that
the Harbor Maintenance Tax is used for harbor improvements and
keeping us competitive.
And it is my understanding that you have been investigating
the diversions to Canada and Mexico because of problems in that
area.
And what I would just ask is if you would submit to us the
results of your investigations, or anything that would help us
in assuring that we can pass the legislation that directs that
harbor maintenance fund to be used for the improvement of our
ports and harbors.
Mr. Lidinsky. We certainly will, Senator. And as I said,
we're looking to finish the study late this spring and publish
it early this summer.
Senator Hutchison. Well, it's very important. All of us who
have coastlines, including the Gulf of Mexico where I have one,
and we feel that we are in a strong position to get business
from the Panama Canal.
So I want to make sure that we have the use of our funds
that are collected from the users for those purposes. So we'll
certainly look to that, and Senator Levin and I are working on
trying to finalize that legislation for passage.
Mr. Lidinsky. Thank you, Senator.
Senator Hutchison. Thank you.
The Chairman. Thank you, Senator Hutchison. Senator
Boozman, do you have any further questions?
Senator Boozman. No.
The Chairman. All right. I did not say what others have
said, which should always be said, and that is that working for
the Federal Government is hard. You can do much better
financially elsewhere.
And the whole concept of public service I think is what
drives us all here. But, nevertheless, that's easy to say.
People have conflicts in their lives and children and financial
problems and all kinds of things.
So I really want to thank you for putting yourself up for
nomination just as an act of loving your country, and the fact
that Dr. Falcone you had two of your relatives who worked in
the coal mines.
With that I thank you all, and this hearing is adjourned.
[Whereupon, at 11:40 a.m., the hearing was adjourned.]
A P P E N D I X
Response to Written Question Submitted by Hon. Tom Udall to
Patricia K. Falcone
OSTP role in bringing scientific perspective to policy
Question. Dr. Falcone, could you share your thoughts on the proper
role for the science advisors at OSTP in advising the President on
national security matters? What perspectives can OSTP advisors add to
help inform national security related decisions?
Answer. At the Office of Science and Technology Policy (OSTP), we
often speak of the role of OSTP and its staff relative to two
fundamental responsibilities: first, providing science and technology
for policy and, second, providing policy for science and technology
The first role refers to the responsibility of OSTP to ensure that
every issue presented to the President contains the best possible
technical information. Many of the President's policy decisions, of
course, will not turn exclusively on the technical data. The reality is
that in the types of difficult national security issues that end up in
front of the President, the facts are often very complicated as are the
relevant technical systems. For these national-security-related
decisions, we must distill the technical issue to its essentials,
including its national security operational implications, and fully
convey the degree of uncertainty or ambiguity associated with even the
wisest technical judgment on the matter. In addition, OSTP must play a
leadership role in making connections with experts inside and outside
of the Federal Government to assure the best technical insights are
available to support policymaking for both well-established issues and
for those that suddenly emerge and demand access to new technical
expertise and perspectives.
The second role outlined above for OSTP and its staff is to provide
``policy for science and technology.'' OSTP, working with the broader
S&T community, catalyzes policy to assure that we nourish the highest
quality of science and technology in the United States, for national
security and other purposes.
______
Response to Written Question Submitted by Hon. Kay Bailey Hutchison to
Patricia K. Falcone
Question. This year, the President requested $400 billion in
funding for Federal research and development (R&D), but deficit
reduction may limit defense budgets in the near term. You mentioned in
your testimony that priority areas in national security and
international affairs include cybersecurity, defense against biological
threats, nuclear security, and aspects of our military and intelligence
capabilities. Can you elaborate more specifically on which programs
within these areas are most important to for defense and security R&D?
Answer. Science and technology activities in support of critical
national security domains such as cybersecurity, defense against
biological threats, nuclear security, and aspects of our military and
intelligence capabilities are composed of many programs funded by
multiple departments and agencies, and performed by technical experts
inside the government, at universities, and in the private sector.
Selection of specific programs within the large portfolio is via a
prudent and iterative process involving deep understanding of the
mission challenges, the behavior and capabilities of our adversaries,
technical judgments, and quality of technical ideas and program
execution. Within the Federal R&D portfolio of $140.8 billion proposed
in the 2013 Budget, we must set priorities in order to identify the
most important programs with the maximum potential to improve our
national and homeland security. Interagency coordination, external
review, collection of operator and other stakeholder input, and
prioritization are the key tools for ensuring the Nation's resources
effectively and efficiently yield the desired mission benefits from the
specific programs carried out in the science and technology enterprise.
OSTP works with Federal agencies to assess changing threats and to
recalibrate national and homeland security R&D investments to respond
to them and to available resources.
Overall, the most important factor for defense and security R&D in
this difficult budget climate is investment focused on keeping the
national security research and development enterprise healthy,
efficient, and responsive. Quality in the enterprise requires necessary
resources; an experienced, highly capable, and high-performing
workforce; and laboratory facilities that provide modern, state-of-the-
art experimental and computational capabilities focused on critical
technology needs for the long term and with the ability to respond to
urgent current needs. Our laboratory infrastructure is critical to
staying at the technical forefront as well as attracting the best and
brightest emerging from our next generation of scientists and
engineers. National security threats are dynamic and capricious; to
continue to meet the threats, we must be vigilant in maintaining the
quality of the people, capabilities, and facilities in our national
security research and development enterprise.
______
Response to Written Questions Submitted by Hon. John Thune to
Patricia K. Falcone
Question 1. Cybersecurity
Ms. Falcone, as you may know, the issue of cybersecurity has been
bouncing around the halls of the Senate for a while now. We keep
hearing that legislation to enhance cybersecurity will soon be on the
Senate floor for debate. I understand OSTP's National Security office
is responsible for promoting cybersecurity through a research program.
Question. Could you provide a more in-depth description of OSTP's
role with respect to cybersecurity? What does this research program
entail? How should the program fit into comprehensive cybersecurity
legislation?
Answer. Continued investment in cybersecurity research and
development is the key to ensuring that we are on track as a nation to
develop innovative technical tools and capabilities to address cyber
threats. Last December, based on the work of researchers across the
nation, OSTP issued a comprehensive Federal cybersecurity research and
development strategy entitled Trustworthy Cyberspace: Strategic Plan
for the Federal Cybersecurity Research and Development Program which is
available at the whitehouse.gov website. The strategy outlines four key
cybersecurity R&D themes for our coordinated Federal R&D agenda
including:
designed-in security--designing software systems that have
inherent resistance to cyber-attacks, and the self-awareness to
understand their own vulnerabilities
tailored trustworthy spaces--providing specific assurance
levels in cyber subspaces regarding identity or authentication
moving target--making attacks more difficult by making our
own systems more dynamic and less predictable
cyber economics and incentives--exploring ways to incent
secure cyber behaviors and developing performance metrics
On the basis of this strategy, we are focusing the scientific
community on a common set of problems, leveraging and targeting Federal
R&D investments and, importantly, accelerating the pace of
transitioning the results of our Federal R&D into operational use both
for national security and commercial systems. Progress in this work
will be tracked and reviewed, and the strategy updated as needed.
Endorsement of a national research and development effort in the domain
of the science and technology of cybersecurity should be a part of
comprehensive cybersecurity legislation.
Question 2. Terrorism
Ms. Falcone, I understand that OSTP's National Security office
develops new advancements in science and technology that can be used to
prevent, detect, and minimize the impacts of terrorist security risks
involving biological weapons. Many experts on terrorism believe that
the risk of an effective terrorist attack using biological weapons is
relatively low, due to the extreme difficulty both in making such a
weapon and deploying it.
Question. Could you discuss the risk of a terrorist attack using
biological weapons? Do you believe it is a relatively low risk?
Answer. Economic, political, and religious forces have given rise
to a form of fanaticism that seeks to harm free societies. We know that
some of these fanatics have expressed interest in developing and using
biological weapons against our Nation and our allies. Risk is generally
viewed as a combination of the likelihood of an event and its
consequence. While the likelihood of a biological attack is lower than
more-commonly observed, terrorist-attack modes such as explosives,
consequences of a biological attack may be much more serious and
widespread than an attack with explosives. The Department of Homeland
Security has prepared a Bioterrorism Risk Assessment. Its results are
based on peer-reviewed input from across the interagency community of
experts and includes intelligence about the terrorist as an adversary;
the ease of acquiring, growing and refining various organisms; the
variety of delivery mechanisms; the availability of medical
countermeasures; our ability to leverage public health capabilities to
mitigate the effects of a release; and other factors deemed key to
answer the questions of the risk of a terrorist attack using biological
weapons. There are a range of risks; not all organisms are the same;
some pathogens are not effective as weapons, and other organisms have
attributes that make them more dangerous and pose a much larger risk of
effective misuse by terrorists. It is critical that we continue to
promote new advances in science and technology to protect the American
public from a biological attack and to work to prepare effective
responses that save lives in the aftermath of such an attack.
Question 3. Nuclear Weapons
Ms. Falcone, I understand that OSTP's National Security office is
also involved with reducing the risk of nuclear proliferation. Among
the goals listed on OSTP's website is the goal of ``making this a world
without nuclear weapons.''
Question. Many experts on deterrence point out that if the United
States were to dramatically decrease or even eliminate its nuclear
weapons, it would prompt even more large-scale and more dangerous
proliferation, because nations would seek to take advantage of the
opportunity to achieve nuclear superiority. It would simply be human
nature to try to take advantage of the situation. Would you agree that
the proliferation of nuclear weapons would increase if the U.S. were to
get rid of its nuclear weapons?
Answer. Preventing the proliferation of nuclear weapons is a
critical national security priority. The Administration has emphasized
the importance of U.S. leadership in taking concrete steps toward a
world without nuclear weapons, but it has also noted that it does not
support unilateral steps by the United States to achieve this vision
without corresponding reductions from other states that possess nuclear
weapons. Any process that leads to a world without nuclear weapons will
be evolutionary in nature and will require some time to achieve. As
outlined in the Nuclear Posture Review, so long as nuclear weapons
exist, the United States will retain a safe, secure, and effective
nuclear weapons arsenal that guarantees the defense of the United
States and its allies. Science and technology are key tools in ensuring
safe, secure, and effective weapons in our stockpile. Research and
development are underway to ensure that we have monitoring technologies
suitable for maintaining awareness of the nuclear activities of other
nations both cooperatively and non-cooperatively.
______
Response to Written Questions Submitted by Hon. Roger F. Wicker to
Patricia K. Falcone
Question 1. How would you leverage existing resources and external
expertise to advance science and technology as they relate to national
security policies?
Answer. A key way to leverage existing resources in ongoing science
and technology programs is via effective interagency coordination, the
preparation of governmentwide research and development plans and
priorities, and quality technical reviews. OSTP convenes the
interagency via the National Science and Technology Council (NSTC) and
by other means. Security and defense science and technology issues are
handled within the NSTC Committee on Homeland and National Security and
its topical sub-committees and working groups.
We have found external expertise to be quite important in advancing
national security science and technology polices, reviewing ongoing
programs and program portfolios, highlighting broad mission frameworks,
and considering implications of proposed national security policies. At
OSTP, we have benefited from the insights of external expertise
provided by the work of the National Academies of Science, Engineering,
and Medicine, by the work of the Defense Science Board and by other
Service science boards and advisory groups in the Department of Defense
as well as, more broadly, in other national security departments and
agencies, and from the work of the long-standing national security
advisory group, the JASON. Engagement with external technical expertise
in allied nations also has been valuable for our own programs.
Question 2. What are your views regarding the importance of
university research in areas of science and technology that have
contributed significantly to national security policies?
Answer. University research is critically important to our national
security missions. The predominant portion of the basic research (named
``6.1'') in the Department of Defense is carried out by universities
and has a long track record of success. University research that is
inspired by national security mission challenges is critical both for
creating new knowledge and for its role in educating the next
generation of scientists and engineers.
Question 3. What are your views on the current state of
cybersecurity with respect to the protection of our Nation's critical
infrastructure? How could you address vulnerabilities by utilizing
existing resources?
Answer. Our nation faces a growing threat to our critical
information systems from nation-states, criminal organizations, and
malicious hackers. We rely on these critical information systems, among
other things, to manage our financial transactions, run our air traffic
control networks, supply our communities with power and water, and
support our military and law enforcement missions. OSTP's largest role
in the area of addressing cyber threats to critical infrastructure is
to facilitate Federal research and development efforts in order to
develop innovative technological tools that can thwart these cyber
threats. Our country's historic commitment to basic research and
development has contributed to the current technological tool set and
other existing resources employed by both the Federal Government and
industry to address current cybersecurity vulnerabilities. Our
continued commitment to research and development is important to keep
pace with evolving threats. Ongoing research ranges from investigation
of the scientific bases for hardware, software, and system security to
applied research in security technologies and methods, approaches to
cyber defense and attack mitigation, and infrastructure for realistic
experiments and testing.
______
Response to Written Questions Submitted by Hon. Kay Bailey Hutchison to
Marietta S. Robinson
Question 1a. As you know, the CPSIA ``fix'' legislation, which was
signed into law by the President in August 2011, empowers the
Commission to make regulatory changes to cut those costs for
businesses. If confirmed to the Commission, what steps will you take to
reduce the costs to businesses with respect to third-party testing and
certification, particularly in those cases when it can be demonstrated
that these costly requirements do not improve safety?
Answer. It is my understanding that P.L. 112-28 clarified some of
the provisions of CPSIA that caused concern, including certain
provisions relating to third-party testing and certification. I am
pleased that the law provides a means for the Commission to provide
relief to ``small batch'' manufacturers on this front, and allows the
Commission to look for possible ways to reduce the cost of third-party
testing for all manufacturers.
In addition, it is my understanding that P.L. 112-28 requests that
the CPSC undertake a review of third-party testing requirements to
determine where the cost of such testing may be reduced while still
ensuring compliance with safety standards, and to consider revising
existing regulations or make recommendations to Congress regarding
possible legislative changes if such changes reduce cost while still
ensuring compliance with Commission safety standards. If confirmed, I
look forward to working with CPSC staff and the other Commissioners to
expeditiously complete this review process.
Question 1b. Do you believe exemptions to the lead and other
requirements are appropriate when the safety risks to children are not
an issue and alternative materials and alloys exist, but are harder to
obtain and are more expensive?
Answer. It is my understanding that P.L. 112-28 modified the CPSIA
section 101 lead limits for certain products, including off-highway
vehicles, bicycles and related products, ordinary books, and certain
used children's products.
In addition, P.L. 112-28 also contains a new ``functional purpose''
test that allows the Commission to exempt a ``specific product, class
of product, material or component part'' from certain lead limit
requirements where it is ``not practicable or not technologically
feasible'' to remove lead beyond the section 101 limits and the product
or component part presents ``no measurable adverse effect on public
health.'' If confirmed, I would work with CPSC staff and other
Commissioners to carry out this provision and provide functional
purpose exemptions where necessary and appropriate.
Question 2. As you are probably aware, Congress enacted the
Virginia Graeme Baker Pool and Spa Safety Act (VGB Act) in 2007, to
prevent suction entrapments by swimming pool and spa drains and child
drowning deaths in swimming pools and spas. In April 2010, the
Commission approved an interpretive rule defining what an ``unblockable
drain'' should be. In September 2011, the Commission voted to revoke
this rule. As a result, hundreds of pool operators, users, and pool and
spa safety professionals submitted comments to the Commission that the
revocation would require the installation of expensive backup systems
that do not prevent entrapment and are unnecessary. The VGB Act says
the Commission can designate new and improved entrapment technologies
to satisfy the requirements of the law. Will you be open to new safety
technologies that are cost efficient and will you commit to considering
them in future rulemakings on this issue?
Answer. Yes. If confirmed, I will consider new technologies as long
as they comply with the requirements of the VGB Act.
Question 3. You stated in your testimony your belief that the CPSC
should incorporate cost-benefit analysis into its regulatory
decisionmaking ``where it's appropriate.'' Under what circumstances
would you consider it appropriate for the Commission to perform a cost-
benefit analysis to guide its rulemaking? Likewise, under what
circumstances would cost-benefit analysis be inappropriate?
Answer. I believe in following the statutorily established
guidelines in implementing regulations. Congress has mandated varying
degrees of cost-benefit analysis in the statues governing the
Commission. If confirmed, I would look to the applicable statute for
guidance in deciding which approach should be taken for a specific
rulemaking proceeding.
Question 4. What type of initiatives would you put in place to
collaborate with American businesses to ensure that all product safety
regulations are clear, concise, easy to implement, and protect American
consumers from a substantial risk?
Answer. I believe that education and outreach are critical elements
of the Commission's work--and not simply outreach to consumers, but
also to businesses. I commend the Commission for its work on this front
with its establishment of the Office of Education, Global Outreach, and
Small Business Ombudsman. It is my understanding that this office has
been reaching out to businesses, particularly small businesses, with
plain language guidance on statutory and regulatory requirements. If
confirmed, I assure you that I will work with the staff of this office
to continue these efforts.
______
Response to Written Questions Submitted by Hon. John Thune to
Marietta S. Robinson
Influence of Practice as a Personal Injury Lawyer
Question 1a. Ms. Robinson, you began your distinguished legal
career practicing tax law at Dickinson, Wright, Moon, Van Dusen and
Freeman, with a stint at a Federal prosecutor's office (1979-1984). You
then became a partner at Sommers, Schwartz, Silver & Schwartz PC, a
personal injury law firm, from 1985-1989, and have had your own
practice since 1989. Is it accurate to say that for nearly thirty years
(since leaving Dickinson in 1984) you have primarily done plaintiffs'-
side personal injury work?
Answer. As an initial matter, please let me correct some
misunderstandings about my legal work between 1979 and 1984. I have
never worked in a Federal prosecutor's office or done any legal work in
the criminal law area. Also, while I worked my first few months at
Dickinson, Wright in the tax area, I changed my focus within my first
year to litigation. The types of litigation on which I worked while at
that firm included anti-trust, insurance defense, contract disputes,
copyright, corporate bankruptcy, product liability, employment law
(representing employers), and other general commercial litigation. My
clients were insurance companies and businesses of every size.
Since 1984, it is accurate to say that, although I have continued
to do some defense litigation (including asbestos defense work), my
practice has primarily been focused on representing individuals who
have serious injuries due to the negligence, sometimes gross
negligence, of another party. For 8 years, from 1989 to 1997, I served
as a federally appointed Trustee of the Dalkon Shield Trust. I have
also taught extensively over the years in several areas of trial
practice and in several venues, including as an adjunct professor at
two law schools.
Question 1b. Have you also handled product liability cases?
Answer. I have handled product liability cases primarily for
defendants.
Question 1c. Have you provided counsel to defendants in product
liability cases or only plaintiffs?
Answer. I have handled product liability cases primarily for
defendants.
Question 1d. Can you supply the Committee with information on the
product liability cases on which you have worked?
Answer. The information I am able to supply is very limited.
Product liability has not been the focus of my practice; much of my
work in that area was as an associate and did not involve courtroom
appearances. I have not litigated a product liability case for many
years and, to the best of my knowledge, almost all of the records
concerning those cases have been destroyed.
To the best of my recollection, I represented Whirlpool Corporation
in a lawsuit in which the plaintiffs alleged that a defective furnace
had caused death and serious injuries due to carbon monoxide emission;
I worked on cases on behalf of Ford Motor Company in which the
plaintiffs alleged various defects in automobiles; I represented an
asbestos manufacturer in a class action brought by employees of
Uniroyal Tire; and I was an associate on a case in which I represented
an Air Force cadet who became a quadriplegic after his Jeep rolled
over.
I was able to find information about one case in which I
represented Mr. Joseph Bailey against General Motors Corporation (GM)
between 1989 and 1993. The case was filed in Genesee County Circuit
Court in Flint, Michigan (Case #89 107489). Mr. Bailey was a truck
driver and was driving a GM semi-truck when he hit a guard rail and the
latch holding the cab of his truck in place snapped throwing the cab
forward and the windshield popped out. Mr. Bailey was ejected from the
cab and lost his leg.
This was a product liability lawsuit based on a defective latch and
a windshield that was not properly sealed to the vehicle. The case was
settled after several weeks of trial.
Question 1e. What other experiences have you had with respect to
defective products?
Answer. My other experience with defective products was primarily
my 8 years as one of five federally appointed Dalkon Shield Trustees.
The Trust was set up by the U.S. District Court for the Eastern
District of Virginia as a result of class action litigation by
individuals who used an admittedly defective intrauterine device (IUD)
called the Dalkon Shield.
The Trust involved a compensation fund of approximately $2.3
billion and over 300,000 claimants in 120 countries with injuries
ranging from use of the product to infertility, death, and brain-
injured babies. My duties as a Trustee included compensating individual
victims fairly, but also maintaining the corpus of the Trust so that
all claimants could be fairly compensated.
The Trust settled most of the claims, but was the Defendant in many
lawsuits filed after a settlement offer had been rejected. My role as a
Trustee in those lawsuits was much more accurately described as
representing a defendant rather than the plaintiffs. In the end, the
Trust was managed so successfully that we were able to give a 90
percent pro rata distribution to all claimants, in addition to the
initial settlement amounts.
Question 1f. How does your experience in product liability law
impact your perspective of the CPSC and the role of a Commissioner?
Answer. My experience in representing both sides in litigation,
including product liability litigation, gives me a unique perspective
in appreciating the concerns of consumers as well as regulated
businesses. If confirmed, I believe this experience with both sides
will allow me to make fair, objective, and unbiased contributions as a
Member of the Commission.
Question 1g. Can you assure this Committee that your experience as
a plaintiffs' lawyer will not compromise your ability to be fair and
objective on the CPSC?
Answer. Yes. Neither my representation of plaintiffs nor defendants
will in any way compromise my ability to be fair and objective on the
CPSC. If confirmed, I assure you that I will serve as fair and
objective Member of the Commission.
Role of the Commission/Consumer Product Safety Improvement Act (CPSIA)
Question 2a. In 2008, Congress gave significant new powers to the
CPSC through the CPSIA. Are you satisfied with the current powers of
CPSC? Do you think there are areas where the CPSC's powers should be
further expanded or more limited?
Answer. I believe I would be better equipped to answer this
question if I am confirmed and able to obtain a first-hand sense of the
interworking of the agency and its statutory authority.
Question 2b. How would you improve the public database system so
that a company would not have an adverse view about its products posted
when there was no reasonable basis for doing so?
Answer. Overall, I think the public database of product safety
incidents has been successful. However, I also realize that some
concern remains over the publication of adverse views toward
manufacturers.
It is my understanding, that P.L. 112-28 added additional
protections for manufacturers, including an additional 5 days for
manufacturers to file comments or identify claims of material
inaccuracy (for a total of 15 days), and requires the Commission to
seek out model or serial numbers or even a photograph of the product,
when possible. I believe this was a well-balanced modification to the
database statute that balances the public's right to have access to
product safety information with reasonable protections against
inaccurate or misleading data.
If confirmed and additional concerns arise, I would look forward to
working with the Commission and Members of the Committee to find
balanced solutions.
Delegation of Federal Authority to State Attorneys General
Question 3a. The CPSIA gave state attorneys general authority to
enforce certain aspects of the Consumer Product Safety Act. Do you
think enforcement of CPSC rules, and determining whether there is a
``substantial product hazard,'' should be delegated to state attorneys
general?
Answer. Section 24(b) of the Consumer Product Safety Act, as
amended, provides a right of action for State Attorneys General (after
they provide notice to the Commission) to enforce many of the
Commission's statutes and rules. As this enforcement authority is set
by statute, I respectfully defer to Congress as to whether the scope of
that provision is appropriate.
Question 3b. If so, do you think those state AGs should be subject
to the same restrictions that the CPSC, DOJ, and other Federal officers
are subject, such as a prohibition on the hiring of contingency fee
lawyers? If not, do you believe that if contingency fees lawyers are
employed, the process to hire them should take place in a transparent
manner with competitive bidding?
Answer. It is my understanding that section 24(b)(6) of the
Consumer Product Safety Act, as amended, already contains certain
statutory restrictions on the use of private counsel by State Attorneys
General.
______
Response to Written Questions Submitted by Hon. Marco Rubio to
Marietta S. Robinson
Commission Processes
Question 1. Once the Commission votes to establish an interpretive
rule under an existing statute, and manufacturers and users invest
based on that rule, and the public knows the rule is in effect, do you
agree that the rule should not be reversed absent compelling evidence
of a safety hazard?
Answer. I agree that the Commission should make every effort
possible to establish interpretative rules upon which all stakeholders
may rely. If confirmed, I assure you that I will carefully consider
each and every matter before the Commission before I come to a
decision.
Question 2. Would you agree that before the Commission reverses a
vote or repeals a rule or interpretation that is relied upon by members
of the affected industry or community of users that it should solicit
and consider public comment?
Answer. If confirmed, I assure you that I will carefully consider
all comments, legal guidance, and technical factors before
reconsidering or revoking any Commission rules or policy statements.
Question 3. Do you believe the Commission should overturn or
reverse a decision or rule or interpretation absent evidence that the
benefits of such a reversal outweigh the costs?
Answer. I agree that the Commission should make every effort
possible to establish interpretative rules upon which all stakeholders
may rely. If confirmed, I assure you that I will carefully consider all
comments, legal guidance, and technical factors before reconsidering or
revoking any Commission rules or policy statements.
Question 4. Do you believe that it is in the best interest of the
Commission and the public to follow the recommendations of the
Commission's technical and legal staff?
Answer. The CPSC is a science-based agency. If confirmed, I assure
you that I will look to our scientific and technical staff as well as
the Office of General Counsel and give great deference to their in-
depth knowledge and research to inform my decisions. As I stated in my
opening remarks, I believe they are unsung heroes in the product safety
world and it would be an honor to work with them.
Question 5. Do you believe that the Commission should revoke a
previously approved rule when doing so is contrary to the
recommendation of the Commission's technical and legal staff?
Answer. I certainly agree that the Commission should make every
effort possible to establish interpretative rules upon which all
stakeholders may rely. If confirmed, I would review every matter before
the Commission with great attention, regardless of whether the matter
is new or one previously decided, using all of the facts and
stakeholder views to guide my decision.
Pool Drains
Question 6. Following passage of the Virginia Graeme Baker Pool and
Spa Safety Act, the Commission approved an interpretive rule defining
what an unblockable drain should be in April 2010. In September, 2011,
the Commission voted to revoke this rule, which caused a significant
delay in the production of pool and spa covers that are fully compliant
with the law. It is therefore possible had the Commission not reversed
its decision that a sufficient number of compliant pool covers could
have been produced to protect consumers against entrapment hazards in a
large percentage of the public pools in this country had the Commission
not reversed its decision. Would leaving the original interpretation in
place have been a safer course of action?
Answer. I am not privy to all of the information necessary to
properly answer this question. However, based on my review of the
decision and the statements of all the Commissioners, it is my
understanding that the intent of the reinterpretation was to conform to
the legal requirements of the VGB Act.
Question 7. Do you agree with the Commission's vote to reverse its
original 2010 rule on unblockable drains? Why or why not?
Answer. While I am aware that the Commission revoked its
interpretation of what constitutes an unblockable drain under the VGB
Act, I am not privy to all of the facts that were presented to the
Commissioners in informing their decisions. Therefore, I am unable to
answer this question.
Toxic Drywall
Question 8. As you are probably aware, toxic drywall is one issue
that has plagued thousands of Floridians. My state ranks first in the
number of toxic drywall cases. What can you do at the Commission to
help the affected homeowners in my state?
Answer. My sympathy goes out to the homeowners that have been
impacted by problem drywall. I recognize the incredible hardship these
families have faced through no fault of their own.
I know CPSC staff has worked hard on this issue, and has put out a
lot of materials--such as problem drywall identification guidance and
remediation guidance--in an effort to help impacted homeowners. I also
understand that the Multidistrict Drywall Litigation (MDL) in New
Orleans has been able to provide financial assistance to some
homeowners.
If confirmed, I can assure you that I will work with Members of
this Committee and impacted homeowners in an effort to find any
additional ways to help families impacted by this problem.
Question 9. What role do you believe the Commission should play in
working with the Chinese government to hold manufacturers of toxic
drywall accountable? Have you been satisfied with the Commission's
efforts to date to hold these manufacturers accountable?
Answer. Under current law (both CPSC and Customs statutes),
foreign-based manufacturers do not have to register an agent for
service of process. As a result, when the CPSC or impacted consumers
seek redress against foreign manufacturers of dangerous or defective
products, they generally have to either try to effect service of
process via the Hague Convention (an onerous process) or pursue an U.S.
retailer or importer in the domestic chain of commerce for redress. In
the case of Chinese-manufactured problem drywall, it is my
understanding that neither approach has yielded redress to date for the
impacted homeowners.
It is my further understanding that the Commission has leveraged
all of its authority with respect to the Chinese government, and has
continually engaged its counterpart agency in China to encourage
bringing the responsible Chinese parties to the table. Unfortunately,
thus far, these efforts have been unsuccessful.
If confirmed, I will work with the Chairman and agency staff to
continue to raise this issue with the Chinese government whenever
possible.
Question 10. Do you believe that the Commission should utilize
peer-reviewed studies or have other agencies review the Commission's
studies in the case of toxic drywall?
Answer. It is my understanding that most of the Commission's
drywall studies were peer reviewed. If confirmed, I would support
efforts by CPSC staff to conduct peer review or inter-agency review for
any future studies to the maximum extent possible.
Question 11. One issue affecting victims of toxic drywall is the
burden the drywall has caused on their personal finances. Many have had
their personal credit ratings negatively impacted as a result of the
financial strain they have encountered. What can the Commission do in
terms of working with credit rating agencies to help affected
homeowners?
Answer. While the CPSC has no statutory authority to force lenders
to provide forbearance or loan modifications, or mitigate the credit
ratings of impacted homeowners, I believe the CPSC can and should
continue to urge lenders and the government agencies with the
appropriate jurisdiction to provide any and all assistance possible.
It is my understanding CPSC has already engaged other Federal
entities to do just this, specifically by working with the U.S.
Department of Housing and Urban Development (HUD) and the Internal
Revenue Service (IRS). If confirmed, I assure you that I will work with
CPSC staff and my fellow Commissioners on these efforts.
______
Response to Written Question Submitted by Hon. Frank R. Lautenberg to
Hon. Richard A. Lidinsky, Jr.
Question. In his National Export Initiative, President Obama called
for doubling U.S. exports by 2015. The Federal Maritime Commission--
under Chairman Lidinsky's leadership--has taken initial steps to
increase exports. What additional actions must the Commission take to
help meet the President's goal?
Answer. The Commission's key role in the President's National
Export Initiative is to use its full authority to encourage adequate
vessel capacity and supplies of intermodal shipping containers. I have
emphasized to ocean carriers that they should not just treat our
country as an import drop zone and return to sailing origin with empty
containers for another one-way run. What the ocean carriers call
``backhaul,'' we call vital U.S. exports. The Commission must also work
closely with other departments and agencies, like we did with the U.S.
Department of Agriculture, in devising a system of letting farmers know
where export containers are for their products. The Commission and
other agencies can meet the President's goal of doubling exports, if we
work together to stay our current committed course.
______
Response to Written Questions Submitted by Hon. Maria Cantwell to
Hon. Richard A. Lidinsky, Jr.
Question 1. Freight Strategic Plan
Chairman Lidinsky, I'm sure you'll agree that our ocean
transportation system is a critical component of our nationwide freight
network for imports and exports. Washington state exported sixty-four
billion dollars worth of goods last year, and billions more imports
passed through our ports on their way to the Midwest and further east.
We're trying to help those goods move more smoothly on our
nationwide freight network by mandating that the U.S. Department of
Transportation come up with a nationwide freight strategic plan to help
guide our investments and prioritize freight dollars. I worked with my
colleagues Frank Lautenberg and Chairman Rockefeller to get those
provisions included in the Senate's surface transportation bill and I
will be fighting to preserve them through the Conference with the
House.
Question 1a. Do you believe that any nationwide freight strategic
plan should include our ocean transportation system?
Answer. I believe it absolutely essential that any nationwide
freight strategic plan include our ocean transportation system, given
the vital role ports play in the flow of our overseas commerce, 95
percent of which arrives by ship. Too many ports--as well as the
railways, highways, and bridges that connect them to the rest of the
supply chain--are slowly decaying due to lack of investment and
strategic long-term planning. A port's infrastructure is critical to
its efficiency and competitiveness, which in turn support jobs and the
economy of its city, state, and region. With today's system of
international, intermodal supply chains, ports also have an important
impact on the economies of inland areas that may be hundreds or
thousands of miles away.
Question 1b. What role does seaport connectivity to roads, rails,
and other maritime shipping play in the success of our nationwide
freight network and international competitiveness?
Answer. I believe that efficient connectivity of ports to a
national freight network is a key ingredient to our country's ability
to increase exports and continue our economic recovery. All parts of
our freight transportation system need to work together to reduce
bottlenecks in our Nation's international supply chain system, and
intermodal port connections should a be top priority for improvement.
Question 1c. In your view, do you believe that existing Federal
programs are adequate to help ports improve their connections to local,
regional, and nationwide freight road, rail, and maritime networks? If
not, what more could be done?
Answer. As someone involved in ports and maritime cargo movement
for more than 35 years, I know first-hand that our ports are in need of
infrastructure investments to improve their intermodal connections. If
confirmed, I would continue to lead the Commission in doing what we can
under our statutory authority to help ports improve those connections
and increase the efficient flow of commerce.
Question 2. Cost of Freight Bottlenecks
Chairman Lidinsky, freight bottlenecks and other congestion costs
this country more than two-hundred billion dollars a year. I'm not sure
if you read the New York Times article \1\ on May 7, 2012 that
mentioned that a load of freight can take only 48 hours to go from Los
Angeles to Chicago by rail, but then can take 30 hours to travel across
the city. These sorts of delays exist across our country--and are
hindering economic growth.
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\1\ http://www.nytimes.com/2012/05/08/us/chicago-train-congestion-
slows-whole-country.html
?_r=1&pagewanted=all.
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In my own state, the Washington State Department of Transportation
has found that more than 27,000 jobs and $3.3 billion in economic
output at freight-dependent industries could be lost in if truck
congestion within my state increases by just 20 percent. And we could
be on our way, with freight movement in Washington expected to grow by
up to 86 percent by 2040.
While the Federal Maritime Commission doesn't regulate roads or
rails, I'm sure you'll agree that congestion at our ports and in our
freight network nationwide directly impacts shipping.
Question 2a. Many products travel thousands of miles between their
origin and final destination--whether agricultural products,
manufactured goods, or bulk resources. How do freight rail and road
delays in the American interior impact shippers on our coasts?
Answer. With today's ``just-in-time'' supply chains, world shipping
runs on tight schedules and any interior delay can harm shippers,
particularly exporters who are competing in world markets, often with
time-sensitive cargo such as agricultural products.
Question 2b. In your view, how does congestion at seaports impact
shipping imports and exports? Does congestion that prevents the rapid
transfer of goods from ship to rail and truck hamper America's economic
potential?
Answer. I think that port congestion not only prevents rapid goods
transfer, but also constrains our capacity to handle larger vessels in
ports and constricts our growth potential.
Question 3. Panama Canal Expansion and Shipping
Chairman Lidinsky, as you know, the Panama Canal expansion project
is expected to be completed in 2014. As a result larger ships are able
to sail directly from East Asia to East Coast and Gulf ports.
Question 3a. In your view, how are ocean common carriers and marine
terminal operators preparing for this new shipping option?
Answer. I think most ports are doing a very good job of examining
their current capabilities and future potential. The Federal Government
should work as a helpful partner in this endeavor.
Question 3b. Do you believe that the Panama Canal expansion will
dramatically change international shipping traffic patterns to the
U.S.?
Answer. I think it will cause change, but not as dramatic as some
are predicting.
Question 3c. Do you believe that the Panama Canal expansion will
lead to a significant change in ocean transportation costs for
shippers?
Answer. I think that rates will remain relatively stable and
shippers will have a chance to negotiate fair contracts with carriers.
Global supply and demand and fuel costs will continue to be the primary
drivers of ocean transportation costs.
Question 3d. Do you believe that the United States is adequately
preparing for this expansion--on both a planning and infrastructure
level?
Answer. I think that some ports are preparing more than others on
both levels, but all in all good progress is being made. Planning could
be improved if Federal agencies dealing with various modes of
transportation work to improve coordination on freight planning.
______
Response to Written Questions Submitted by Hon. Kay Bailey Hutchison to
Hon. Richard A. Lidinsky, Jr.
Question 1. Concerns regarding your leadership at the Commission
have been raised in the May 9, 2012, letter to you from Congressman
Issa, Chairman of the House Oversight and Government Reform Committee.
As staff of our Committee continues to review these allegations, will
you pledge to answer any additional questions and requests for
information that are asked of you?
Answer. I am willing to answer any questions you may have about the
issues raised in the House Oversight and Government Reform Committee
Chairman's request, or on any other subject concerning my tenure at the
FMC.
Question 2. The Partnership for Public Service along with American
University's Institute for the Study of Public Policy Implementation
compile rankings of the best places to work among Federal agencies,
based on surveys conducted by the United Sates Office of Personnel
Management. These surveys represent the views of Federal employees
regarding satisfaction and commitment to government service. It
concerns me that since 2009 when you took over as Chairman, the ranking
of the Federal Maritime Commission has dropped dramatically from sixth
to twenty-ninth in their survey of small agencies. Can you explain the
reason for this change? Are you taking any steps to address this
decline?
Answer. The Office of Personnel Management Employee Viewpoint
Survey provides valuable feedback, and we take that feedback seriously,
while acknowledging that the small sample size of 68-88 employee
responses each year can lead to fairly significant variability from
year to year. Each year we review and adjust as necessary our Human
Capital Plan, which includes a detailed workforce analysis and a
solutions implementation plan that take the latest survey results into
account.
I believe that a few trends may explain some of the survey results
we have seen recently. First, since I was named Chairman, the
Commission has embarked on a very busy period that saw a significant
increase in staff workloads. During that period, the Commission was
working hard to respond to problems such as shortages in vessel
capacity and containers that appeared in 2010, to complete its landmark
study of the European Union's repeal of its competition law exemption
for liner shipping, to more quickly resolve disputes between shippers
and carriers, to modernize regulations, and to reduce regulatory
burdens. This increased workload may explain some changes in responses
regarding workload reasonableness, resources to complete jobs, and
work/life balance.
Second, we face challenges arising from the fact that we are a very
small agency with a relatively large number of retirement-age senior
managers with significant longevity. About 45 percent of the FMC's
workforce will be eligible for voluntary retirement by September 2016.
We value these long-tenured employees' accumulated skills and
institutional knowledge. But at the same time, senior management and I
are aware of frustration by more junior employees over the resulting
slow progress in gaining promotions to higher grades and positions with
increased responsibility. I believe that this trend may explain some
changes in responses regarding use of employee talents, recognition for
good work, opportunities to demonstrate leadership skills, and
especially opportunities to get better jobs in the organization.
The agency has been seeking ways to compensate for this challenge
in other ways, subject to constraints such as recent budget uncertainty
and limitations as well as governmentwide restrictions on pay increases
and performance awards. Such constraints may also explain some changes
in responses regarding pay raises or rewards reflecting job
performance.
Finally, I have tried to instill a culture that prioritizes the
needs of the shipping public we serve. From my perspective, this
renewed emphasis on serving the public and working for taxpayers has
inspired most of our workforce. However, as with any institutional
change, some employees may have been dissatisfied, and this was likely
reflected in some survey responses.
To address these issues within current constraints, a major fiscal-
year 2012 priority for the FMC's Managing Director and Human Resources
Director--with my full support--has been working to implement a new and
improved performance management and appraisal system. This system was
designed by a team that reflected a cross-section of agency staff at
all grade levels. It incorporates employee feedback from training
sessions that were held agency-wide. Although the new system will be
much improved over the current system, there remains some trepidation
among staff as to how ratings will be made and whether it will be more
difficult to obtain the highest ratings. This concern will likely
linger until the first ratings under the new system are done later this
summer. Since last fall, the Managing Director has also been sitting
down regularly with each of the agency's offices and bureaus to receive
feedback on these staff issues and concerns. One staff suggestion in
those sessions was to implement an enhanced suggestion system and
recognize employee performance by designating an employee of the month
or employee of the quarter. These could be done without monetary
expenditures and a team is working on accomplishing both of those
suggestions. In addition, we have been looking for opportunities to
recognize and reward employee achievements in non-monetary ways. We
also look for opportunities to give more junior professionals
opportunity for new responsibility and exposure, for example in inter-
office working groups I have established.
While we are working to address these challenges, I was encouraged
to see improvements in the 2011 survey on responses to issues such as
whether employees like their work, are willing to put in extra effort,
and receive supervisor feedback on performance. FMC employees continued
to indicate a high level of commitment to achieving the FMC's mission;
they indicated they are held accountable for achieving results; and
they expressed positive views of their supervisors relative to other
government respondents. In addition to the ten Best Place to Work
``Best in Class'' rankings, the Partnership and the Hay Group conducted
an analysis of the survey data to identify the most innovative Federal
agencies and conditions that drive innovation in government. Their
analysis showed that in 2011 the FMC ranked 5th among all small
agencies; our results exceeded governmentwide results and closely
matched results from NASA, which was ranked as the most innovative
large Federal agency. This ranking demonstrates that FMC employees are
constantly looking for ways to do their jobs better, they feel
encouraged to come up with new and better ways of doing things, and
creativity and innovation are rewarded.
Question 3. You have been Chairman of the Federal Maritime
Commission for almost 3 years. What have been the major issues the
Commission has faced in your tenure?
Answer. One of the major issues the Commission has faced in my
tenure as Chairman was invigorating and modernizing the Commission
following a period of several years without a Chairman. During the time
period when I was nominated and confirmed, the Journal of Commerce and
other observers were questioning the Commission's relevance, and
whether the Commission was adrift. Beginning approximately 3 months
after I assumed the chairmanship, those questions stopped, and
observers began describing the Commission as active, reinvigorated, at
the center of global maritime regulation. I believe we have been
successful in getting the ship moving again.
The second major issue the Commission faced was that in 2010, as
demand for shipping rebounded quickly from the depths of 2009, vessel
capacity and container shortages began causing supply chain disruptions
such as canceled bookings, cargo rolled to the next sailing, and rapid
increases in rates and surcharges. I asked my Republican colleague,
Rebecca Dye, to lead a Fact Finding Investigation into these issues,
and a few months later the Commission supported her findings and
recommendations, which led to temporarily increased monitoring of
carrier discussion agreements and permanent ``rapid response teams''
who resolve disputes quickly and efficiently to keep cargo moving.
Finally, I believe that the Commission's most significant action
during my tenure may have been developing and issuing proposed and
final rules to exempt 3,500 Non-Vessel Operating Common Carrier (NVOCC)
businesses across the country from the regulatory burden of having to
publish their rates in antiquated tariffs. By joining with my
Republican colleagues in this effort, we broke a logjam on an issue
that had been a subject of Commission debate for the past twenty years,
and were able to reduce costs for these important logistics businesses.
Question 4. In your tenure as Chairman, has the Commission taken
any actions to ease the regulatory burdens on the maritime shipping
community?
Answer. The Commission has made regulatory relief and modernization
a top priority. During the past 2 years we have taken several steps to
reduce regulatory burdens on the shipping industry and the customers
they serve.
The Commission issued a proposed rule in 2010 and a final rule in
2011 granting an exemption to relieve 3,500 logistics businesses
(NVOCCs) from the costs and burdens of publishing their rates in
antiquated tariffs. In issuing this proposed and final rule, the
Commission broke a twenty-year deadlock. The result has been, and will
be, significant savings for these businesses and the importing and
exporting businesses that are their customers.
In December 2011, we issued a Notice of Inquiry seeking comments on
ways to make the NVOCC tariff filing exemption more useful, including a
possible extension of the exemption to include foreign unlicensed
NVOCCs. In May, the Commission voted to issue an interim final rule to
ease the conditions for claiming the exemption. That rule should be
published in the coming weeks.
In 2011, we also amended the Commission's rules to give flexibility
and certainty to shippers and carriers that want to enter into
contracts with rates that are adjusted based on an index. The
Commission issued a final rule clarifying that the Commission allows
service contracts with these adjustable rates based on container
freight indices.
We have also been working to reduce burdens on parties that bring
administrative cases to the Commission. We have taken steps to
modernize the Commission's procedural rules to improve clarity and
efficiency. In February 2011, the Commission issued a rule that reduced
filing burdens on parties and clarified its procedures for informal
small claims proceedings. And in February 2012, the Commission issued a
proposed rule to streamline and update its procedures for pleadings,
motions, and discovery in administrative cases. The comment period
ended on April 30th, and we are working to finalize the rule in the
near future.
Question 5. How would you assess the Commission's oversight over
waterborne transportation of household goods? Please explain your
partnership with the Federal Motor Carrier Safety Administration
(FMCSA) in this area?
Answer. The Commission's mission includes service and protection
for members of the public. After receiving more than 2,500 complaints
between 2005 and 2009 from individuals experiencing problems shipping
their personal household goods, the Commission initiated a fact-finding
investigation led by Commissioner Khouri. In May 2011, the Commission
adopted the fact-finding investigations report. We are currently
working to strengthen consumer education, working with the industry to
develop best practices, model shipping forms, update Commission
licensing requirements for household good shippers, and promote
alternative dispute resolution services.
The Commission and the Federal Motor Carrier Safety Administration
(FMCSA) have committed to working together to provide enhanced
protection and assistance to consumers shipping their household goods.
The Commission and the FMCSA have agreed to share electronic
information to help identify and address moving industry problems,
refer cases to the appropriate agency, conduct joint investigations,
and conduct joint training to enhance enforcement. The Commission and
FMCSA are also committed to working together to coordinate education
and outreach efforts for consumers, as well as enhancing consumer
assistance by referring disputes involving international shipments to
the FMC's office of Consumer Affairs & Dispute Resolution Services
(CADRS).
Question 6. One of the Federal Maritime Commission's major tasks is
to monitor the laws and practices of foreign governments which could
have a discriminatory or otherwise adverse impact on shipping
conditions in the U.S. Are there any specific practices we should be
concerned about right now?
Answer. The Commission is currently monitoring the diversion of
U.S.-bound cargo away from U.S. ports and to Canadian ports, and the
impact this diversion is having on the U.S.'s West Coast ports. The
Commission issued a Notice of Inquiry to gather information as to why
this diversion is happening, and is currently preparing an analysis of
the issue.
The Commission has been working to open the lines of communication
with China to encourage compliance with licensing, bonding, and filing
rules for NVOCCs as well as addressing issues, such as confidentiality
concerns, with the Shanghai Shipping Exchange. The Commission is also
monitoring the developments in the Panama Canal to determine any impact
it would have on the movement of cargo to the U.S. East Coast.
Question 7. What steps do you feel the Commission can take to
ensure security and improve infrastructure at our ports?
Answer. The Commission actively works to detect and deter shippers
who mislabel or misdescribe cargo entering or leaving the United
States. Such misdescription of cargo violates the Shipping Act and can
cause significant safety and security concerns. The Commission is also
working to ensure compliance with its licensing requirements and is
assisting both Customs and Border Protections and the FBI in
enforcement and compliance proceedings. The Commission has also
revamped, streamlined, and expanded its data collection processes for
all license applications, and is receiving periodic updates from the
Treasury Department's Office of Foreign Assets Control on its list of
individuals and organizations whose financial transactions have been
blocked for various reasons including terrorism, and cross referencing
those with those in the FMC data bases and new applicants.
Question 8. The Federal Maritime Commission has enormous amounts of
information on nearly every aspect of marine transportation. How can
the Commission use this information to assist other Federal agencies in
securing our Nation's transportation network?
Answer. The Federal Maritime Commission continues to make available
to the public and other agencies much of the information it has on
maritime issues. This includes cooperating on joint ventures with other
agencies, and maintaining a transparent agency by use of the
Commission's website, social networking channels, and through a
diligent consumer affairs department. The Commission also works to
share information and expertise with other agencies, such as Customs
and Border Protection, to detect and prevent fraud or smuggling.
Question 9. This Committee and its members have long enjoyed a
close and productive working relationship with agencies under our
jurisdiction. We often rely on the technical and legal expertise of
agency staff when we are developing or reviewing proposed legislation.
Can all members of this Committee, and their staff, count on this
cooperative relationship continuing with the Federal Maritime
Commission?
Answer. The Federal Maritime Commission has indeed enjoyed a close
and productive working relationship with this Committee. If confirmed,
I will ensure that this cooperative relationship continues.
______
Response to Written Questions Submitted by Hon. Roger F. Wicker to
Hon. Richard A. Lidinsky, Jr.
Question 1. What non-security related risks would you identify as
posing the greatest detriment to the flow of commerce in and out of our
Nation's ports located in the Gulf of Mexico?
Answer. Many of the Gulf ports are in need of dredging and
infrastructure improvements so that they can accommodate larger ships
and increased flow of commerce that is likely to flow through the
expanded Panama Canal.
Question 2. How could the FMC highlight infrastructure investments
in our Nation's seaports in light of the anticipated surge in imports
and exports from the Panama Canal expansion?
Answer. Although opinions differ on the magnitude of the likely
impact of the Panama Canal expansion, you correctly identify
infrastructure investments as critically important to support increased
exports and imports. One of the purposes of the Shipping Act that we
execute is to ``provide an efficient and economic transportation system
in the ocean commerce of the United States,'' and smart infrastructure
investment is a key ingredient to doing so. Although the Commission
does not make transportation infrastructure spending decisions, we will
work to share our expertise to assist those in Congress and at our
fellow agencies who do so.
______
Response to Written Question Submitted by Hon. Frank R. Lautenberg to
William P. Doyle
Question. In his National Export Initiative, President Obama called
for doubling U.S. exports by 2015. The Federal Maritime Commission--
under Chairman Lidinsky's leadership--has taken initial steps to
increase exports. What additional actions must the Commission take to
help meet the President's goal?
Answer. If confirmed, I will assist the Commission to use its full
authority to ensure that vessels, shippers, marine terminal operators,
and other entities the Commission regulates support the President's
National Export Initiative. If confirmed, I will also work with the
Commission in its collaborative efforts to work with other agencies to
advance that export initiative.
______
Response to Written Questions Submitted by Hon. Maria Cantwell to
William P. Doyle
Question 1. Freight Strategic Plan
Mr. Doyle, I'm sure you'll agree that our ocean transportation
system is a critical component of our nationwide freight network for
imports and exports. Washington state exported sixty-four billion
dollars worth of goods last year, and billions more imports passed
through our ports on their way to the Midwest and further east.
We're trying to help those goods move more smoothly on our
nationwide freight network by mandating that the U.S. Department of
Transportation come up with a nationwide freight strategic plan to help
guide our investments and prioritize freight dollars. I worked with my
colleagues Frank Lautenberg and Chairman Rockefeller to get those
provisions included in the Senate's surface transportation bill and I
will be fighting to preserve them through the Conference with the
House.
Question 1a. Do you believe that any nationwide freight strategic
plan should include our ocean transportation system?
Answer. I believe that any nationwide freight strategic plan should
include the U.S. ocean transportation system since 95 percent of
overseas cargo moves on ocean vessels and through ports.
Question 1b. What role does seaport connectivity to roads, rails,
and other maritime shipping play in the success of our nationwide
freight network and international competitiveness?
Answer. I believe that seaport connectivity to roads, rails, and
other maritime shipping plays a vital role in the movement of cargo to
and from the U.S. By way of example, the Columbia/Snake River provides
a significant example of an inland waterway container operation and the
challenges faced with sustainability of inland waterways in the U.S.
The 465 mile corridor has served Oregon, Washington, and Idaho inland
freight traffic since 1932 and container-on-barge since 1975, with
Portland serving as the gateway port for all inbound and outbound
cargo. The markets served are similar to the Mississippi River Valley
in that the primary commodities for export are agricultural and food
products. The producers of these products also are in close proximity
to the inland terminals along the river system at the barge ports of
Umatilla and Boardman in Oregon and Lewiston in Idaho. The startup of
regular container on barge services began in 1975 and had grown from
125 TEU to 45,000 loaded TEU in 2000 until a steady decline from 2000
to 2010. According to the Pacific Northwest Waterways Association,
three major factors contributed to the successful startup: cooperation,
commodity mix and geography. According to officials at the Port of
Portland, two major factors have contributed to the steady decline in
barge activity since its 2000 peak: lack of full container loads in
both the head-haul and export-haul legs and the ability of the gateway
port to attract and keep ocean carrier services.
If confirmed, I will work with the Commission to provide you with
information as to what extent this plays into the success of our
nationwide freight network and international competitiveness, including
information from the Commission's study on the diversion of U.S.-bound
cargo through ports in Canada and Mexico.
Question 1c. In your view, do you believe that existing Federal
programs are adequate to help ports improve their connections to local,
regional, and nationwide freight road, rail, and maritime networks? If
not, what more could be done?
Answer. I understand that different ports and regions have
different needs and uses for Federal programs. I also understand that
the Harbor Maintenance Tax (HMT) mechanism represents Congressional
determination on how to structure a Harbor Maintenance Trust Fund
(HMTF) to pay for dredging in U.S. ports, but that several Members of
Congress suggest improvements to the HMT and HMTF to recognize those
differing needs in legislation they have introduced. If confirmed, I
will work to provide Congress with the information it needs to improve
port connections to our intermodal freight networks.
Question 2. Cost of Freight Bottlenecks
Mr. Doyle, freight bottlenecks and other congestion costs this
country more than two-hundred billion dollars a year. I'm not sure if
you read the New York Times article \2\ on May 7, 2012 that mentioned
that a load of freight can take only 48 hours to go from Los Angeles to
Chicago by rail, but then can take 30 hours to travel across the city.
These sorts of delays exist across our country--and are hindering
economic growth.
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\2\ http://www.nytimes.com/2012/05/08/us/chicago-train-congestion-
slows-whole-country.html
?_r=1&pagewanted=all.
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In my own state, the Washington State Department of Transportation
has found that more than 27,000 jobs and $3.3 billion in economic
output at freight-dependent industries could be lost in if truck
congestion within my state increases by just 20 percent. And we could
be on our way, with freight movement in Washington expected to grow by
up to 86 percent by 2040.
While the Federal Maritime Commission doesn't regulate roads or
rails, I'm sure you'll agree that congestion at our ports and in our
freight network nationwide directly impacts shipping.
Question 2a. Many products travel thousands of miles between their
origin and final destination--whether agricultural products,
manufactured goods, or bulk resources. How do freight rail and road
delays in the American interior impact shippers on our coasts?
Answer. Such bottlenecks seriously impact shippers on our coasts as
well as at diverse inland locations. If confirmed, I will work with the
Commission to share the Commission's information and expertise with
Congress and our fellow agencies on the impact of freight rail and road
delays in the American interior on shippers on U.S. coasts, including
information from the Commission's study on the diversion of cargo to
Canada and Mexico.
Question 2b. In your view, how does congestion at seaports impact
shipping imports and exports? Does congestion that prevents the rapid
transfer of goods from ship to rail and truck hamper America's economic
potential?
Answer. I believe that congestion at seaports is a serious issue
that can limit the Nation's ability to increase trade if not addressed.
If confirmed, I will work with the Commission to share any information
or Commission expertise with Congress and fellow agencies on the impact
of freight rail and road delays in the American interior on shippers on
U.S. coasts, including from the Commission's study on the diversion of
cargo to Canada and Mexico.
Question 3. Panama Canal Expansion and Shipping
Mr. Doyle, as you know, the Panama Canal expansion project is
expected to be completed in 2014. As a result larger ships are able to
sail directly from East Asia to East Coast and Gulf ports.
Question 3a. In your view, how are ocean common carriers and marine
terminal operators preparing for this new shipping option?
Answer. It is my understanding that some of the deep water harbors
and ports on the U.S. west coast can support the size of many post-
Panamax vessels. Some ports on the U.S. east coast are trying to dredge
their harbors and make other changes to infrastructure (including
bridge clearance and terminal handling equipment) to accommodate the
larger post-Panamax generation of vessels that may transit the Panama
Canal once the expansion project is completed. All ports in the U.S.
are working to improve their infrastructure to address any increase in
port activity. Finally, many Congressional members support legislative
changes to the Harbor Maintenance Trust Fund.
Question 3b. Do you believe that the Panama Canal expansion will
dramatically change international shipping traffic patterns to the
U.S.?
Answer. I believe that the canal expansion will have an impact on
international shipping to the United States, though there are varying
estimates on how large the impact will be. If confirmed, I will monitor
developments with the Panama Canal along with any impacts on cargo
movement to U.S. coasts.
Question 3c. Do you believe that the Panama Canal expansion will
lead to a significant change in ocean transportation costs for
shippers?
Answer. I believe that after the Panama Canal expansion, the main
drivers of ocean transportation costs will continue to be shipping
supply, demand, and fuel costs. If confirmed, I will monitor
developments with the Panama Canal along with any impacts on cargo
movement to U.S. coasts.
Question 3d. Do you believe that the United States is adequately
preparing for this expansion--on both a planning and infrastructure
level?
Answer. I believe that the U.S. is working to improve its port,
rail, and truck infrastructure to prepare for the Panama Canal
expansion. I believe that the U.S. needs to do what is necessary to
stay competitive in this increasingly interconnected world, and you
have correctly identified that infrastructure planning and investment
will be key parts of that effort.
______
Response to Written Questions Submitted by Hon. Kay Bailey Hutchison to
William P. Doyle
Question 1. You have Federal Government experience in both the
maritime and energy sectors. How has your experience prepared you to be
a Federal Maritime Commissioner? Are there specific changes you would
recommend at the Commission?
Answer. If confirmed, I will use the knowledge I have gained from
my professional career in the maritime and transportation area to
support regulatory relief for the maritime industry, support the growth
of U.S. exports, and protect the American exporter, importer, and
consumer. I believe that my experience in directly managing cases,
disputes, arbitrations, and complex transactions in the maritime field
of practice of law will help me in my role as a Commissioner at the
Federal Maritime Commission, if confirmed.
Question 2. You are currently Chief of Staff to the organized labor
group, the Marine Engineers Beneficial Association (MEBA). Given this
close association, can this committee be assured that your decisions
will be even handed and not favor one stakeholder over another?
Answer. If confirmed, my decisions will be impartial and will not
favor one stakeholder over another.
I have been impartial in my service on objective advisory boards
during both the Bush and Obama Administrations. In 2004 I was tapped by
the Secretary of Labor to serve as a board member on the Advisory
Committee on Apprenticeship, where I served through 2007. I was also
appointed as a Liaison on the Labor Advisory Committee to the United
States Trade Representative from 2006 to 2008.
I also sought consensus, and achieved the same, when I managed and
directed coordination between approximately 24 U.S. Federal agencies,
numerous state agencies and Federal and provincial entities in Canada
for the permitting and construction processes for a large diameter
natural gas pipeline that would transport natural gas from Alaska's
North Slope.
Question 3. If confirmed, what specific issues would you like to
focus on during your time on the Commission?
Answer. One of the Commission's top priorities must be to work with
stakeholders in order to significantly increase the export of goods,
the vast majority of which move on ships. Significantly increasing
exports will require appropriate coordination and cooperation between
the government and the private sector. Such cooperation and
coordination may be focused on increasing the availability of shipping
containers for mid-continent agriculture and manufactured goods, and
working with our overseas trading partners to rectify any limitations
to waterborne export of goods and services.
If confirmed, I will work with the Commission to continue its
priority and efforts to provide regulatory relief to support job growth
and economic recovery. The Commission has announced plans to
systematically review its rules and procedures to streamline,
modernize, update, and reduce the regulatory burdens on the maritime
industry. If confirmed, I look forward to helping the Commission
succeed in this project.
Another priority area is helping to cut down on court litigation
between parties through the Commission's newly established Rapid
Response Teams in its Office of Consumer Affairs and Dispute Resolution
Services (CADRS). If confirmed, I will work with the Commission to find
fast solutions to disputes between shipping lines and customers to make
sure cargo keeps moving. This helps with the Commission's role of
protecting American exporters, importers, and consumers.
Question 4. One of the Federal Maritime Commission's major tasks is
to monitor the laws and practices of foreign governments which could
have a discriminatory or otherwise adverse impact on shipping
conditions in the U.S. Are there any specific practices we should be
concerned about right now?
Answer. If confirmed, I will support the Commission's mandate to
identify and address any unreasonable foreign practices that cause harm
to shipping in the U.S. foreign trades. As well as investigations by
its staff, the Commission relies upon other Federal agencies and the
shipping public to bring to its attention any foreign practices that
possibly have such effects. If confirmed, I would look forward to
diligently pursuing any such allegations and make independent
conclusions based on evidence the Commission collects.
Question 5. What steps do you feel the Commission can take to
ensure security and improve infrastructure at our ports?
Answer. If confirmed, I will work with the Commission to strengthen
efforts to share informational resources with other agencies to help
ensure security and improve infrastructure at our ports.
Question 6. The Federal Maritime Commission has enormous amounts of
information on nearly every aspect of marine transportation. How can
the Commission use this information to assist other Federal agencies in
securing our Nation's transportation network?
Answer. If confirmed, I will work with the Commission to coordinate
opportunities to share informational resources with other agencies to
help ensure security and improve infrastructure at our ports.
______
Response to Written Questions Submitted by the Hon. Roger F. Wicker to
William P. Doyle
Question 1. What non-security related risks would you identify as
posing the greatest detriment to the flow of commerce in and out of our
Nation's ports located in the Gulf of Mexico?
Answer. Another major Hurricane could pose a detriment to the flow
of commerce in and out of our Nation's ports in the Gulf of Mexico.
Inefficient utilization of inland waterway transportation system
for container services is another issue. The heavy reliance on ground
transport has resulted in increased traffic congestion, worsened
bottlenecks throughout the network, road deterioration, air pollution,
highway accidents, and fuel consumption. The integration of the inland
waterway network into our current intermodal transportation system
could serve as an alternative to long-haul freight movements and
alleviate some of these negative impacts.
For instance, the Mississippi upriver ports are integral parts of
two major inland transportation hubs: Memphis and St. Louis. These two
metropolitan areas represent the largest transportation and
distribution hubs located within the portion of the Mississippi river
trade corridor unimpeded by the lock system. They also represent a
diverse network of transportation systems that link to all major
consumption markets east of the Mississippi River. These areas offer a
unique set of diverse transportation assets including Class 1
railroads, interstate highway networks, and inland port facilities.
If confirmed, I would help provide objective facts to identify ways
to ways to enhance ocean commerce to and from our Nation's ports in the
Gulf of Mexico.
Question 2. How could the FMC highlight infrastructure investments
in our Nation's seaports in light of the anticipated surge in imports
and exports from the Panama Canal expansion?
Answer. If confirmed, I will monitor developments with the Panama
Canal along with any impacts on cargo movement to U.S. coasts, and work
to share any information, expertise, or insights the Commission or its
staff may have in this area.