Nomination to the Consumer Product Safety Commission and the U.S. Department of Commerce (S. Hrg. 117-844)
Summary
Senate Hearing 117-844 before the Committee on Commerce, Science, and Transportation, held July 28, 2021, with Chair Maria Cantwell presiding, on four nominations: Alexander D. Hoehn-Saric to be Chair and Commissioner of the Consumer Product Safety Commission, Mary T. Boyle and Richard Trumka Jr. to be Commissioners, and Grant T. Harris to be Assistant Secretary for Industry and Analysis at the Department of Commerce. Cantwell's statement criticizes CPSC enforcement on infant sleepers, jogging strollers and residential elevators and raises online marketplace safety. Ranking Member Roger Wicker's statement cites improper CPSC data disclosures that violated Section 6(b) of the Consumer Product Safety Act and curtailed port inspections. The record includes support letters and written answers, among them Harris's answers on Section 232 tariffs.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Nomination to the Consumer Product Safety Commission and the U.S. Department of Commerce (S. Hrg. 117-844).”
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[Senate Hearing 117-844]
[From the U.S. Government Publishing Office]
S. Hrg. 117-844
NOMINATION TO THE CONSUMER PRODUCT
SAFETY COMMISSION AND THE U.S. DEPARTMENT
OF COMMERCE
=======================================================================
HEARING
BEFORE THE
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
__________
JULY 28, 2021
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available online: http://www.govinfo.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
54-919 PDF WASHINGTON : 2024
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
MARIA CANTWELL, Washington, Chair
AMY KLOBUCHAR, Minnesota ROGER WICKER, Mississippi, Ranking
RICHARD BLUMENTHAL, Connecticut JOHN THUNE, South Dakota
BRIAN SCHATZ, Hawaii ROY BLUNT, Missouri
EDWARD MARKEY, Massachusetts TED CRUZ, Texas
GARY PETERS, Michigan DEB FISCHER, Nebraska
TAMMY BALDWIN, Wisconsin JERRY MORAN, Kansas
TAMMY DUCKWORTH, Illinois DAN SULLIVAN, Alaska
JON TESTER, Montana MARSHA BLACKBURN, Tennessee
KYRSTEN SINEMA, Arizona TODD YOUNG, Indiana
JACKY ROSEN, Nevada MIKE LEE, Utah
BEN RAY LUJAN, New Mexico RON JOHNSON, Wisconsin
JOHN HICKENLOOPER, Colorado SHELLEY MOORE CAPITO, West
RAPHAEL WARNOCK, Georgia Virginia
RICK SCOTT, Florida
CYNTHIA LUMMIS, Wyoming
David Strickland, Staff Director
Melissa Porter, Deputy Staff Director
George Greenwell, Policy Coordinator and Security Manager
John Keast, Republican Staff Director
Crystal Tully, Republican Deputy Staff Director
Steven Wall, General Counsel
C O N T E N T S
----------
Page
Hearing held on July 28, 2021.................................... 1
Statement of Senator Cantwell.................................... 1
Statement of Senator Wicker...................................... 3
Statement of Senator Blackburn................................... 51
Statement of Senator Thune....................................... 53
Statement of Senator Klobuchar................................... 56
Statement of Senator Markey...................................... 58
Statement of Senator Rosen....................................... 59
Statement of Senator Blumenthal.................................. 61
Statement of Senator Peters...................................... 63
Statement of Senator Hickenlooper................................ 65
Witnesses
Alexander D. Hoehn-Saric, Nominee to be Chair and Commissioner,
Consumer Product Safety Commission............................. 4
Prepared statement........................................... 5
Biographical information..................................... 6
Mary T. Boyle, Nominee to be Commissioner, Consumer Product
Safety Commission.............................................. 14
Prepared statement........................................... 15
Biographical information..................................... 16
Richard Trumka Jr., Nominee to be Commissioner, Consumer Product
Safety Commission.............................................. 24
Prepared statement........................................... 25
Biographical information..................................... 26
Grant T. Harris, Nominee to be Assistant Secretary for Industry
and Analysis, Department of Commerce........................... 31
Prepared statement........................................... 33
Biographical information..................................... 34
Appendix
List of organizations with letters of support for Mary Boyle..... 69
Support letter dated July 13, 2021 to Hon. Maria Cantwell and
Hon. Roger Wicker from Peter Tichansky, President & CEO,
Business Council for International Understanding............... 71
Support letter dated July 26, 2021 to Hon. Maria Cantwell and
Hon. Roger Wicker from Scott Eisner, President, U.S.-Africa
Business Center, Senior Vice President, U.S. Chamber of
Commerce....................................................... 72
Support letter dated March 1, 2022 to Hon. Maria Cantwell and
Hon. Roger Wicker from Jay Timmons, President and CEO, National
Association of Manufacturers................................... 73
Support letter dated March 17, 2022 to Hon. Chuck Schumer and
Hon. Mitch McConnell from Matt Blunt, President, American
Automotive Policy Council...................................... 74
Support letter dated March 31, 2022 to Hon. Chuck Schumer, Hon.
Mitch McConnell, Hon. Maria Cantwell and Hon. Roger Wicker from
the American Hotel and Lodging Association, Airlines for
America, American Society of Travel Advisors, Cruise Lines
International Association, Global Business Travel Association,
Near Airport Parking Industry Trade Association, and the U.S.
Travel Association............................................. 75
Support letter dated March 23, 2022 to Senator Marco Rubio and
Senator Rick Scott from Suzanne NeufangCEO, Global Business
Travel Association (GBTA); Shanna Gregg, President, Central
North Florida Chapter; Alyssa Young, President, South Florida
Chapter; and Fabiano Laux, President, Tampa Bay Chapter........ 77
Response to written questions submitted to Alexander D. Hoehn-
Saric by:
Hon. Kyrsten Sinema.......................................... 79
Hon. Tammy Baldwin........................................... 79
Response to written questions submitted to Mary T. Boyle by:
Hon. Tammy Baldwin........................................... 80
Hon. Kyrsten Sinema.......................................... 81
Response to written questions submitted to Richard Trumka Jr. by:
Hon. Kyrsten Sinema.......................................... 81
Hon. Tammy Baldwin........................................... 81
Response to written questions submitted to Grant T. Harris by:
Hon. Tammy Baldwin........................................... 82
Hon. Kyrsten Sinema.......................................... 82
Hon. Amy Klobuchar........................................... 83
Hon. Roger Wicker............................................ 83
Hon. Dan Sullivan............................................ 86
Hon. Ron Johnson............................................. 87
NOMINATION TO THE CONSUMER PRODUCT
SAFETY COMMISSION AND THE U.S. DEPARTMENT OF COMMERCE
----------
WEDNESDAY, JULY 28, 2021
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 10 a.m., in room
SR-253, Russell Senate Office Building, Hon. Maria Cantwell,
Chairman of the Committee, presiding.
Present: Senators Cantwell [presiding], Klobuchar,
Blumenthal, Markey, Peters, Rosen, Hickenlooper, Wicker, Thune,
Moran, and Blackburn.
OPENING STATEMENT OF HON. MARIA CANTWELL,
U.S. SENATOR FROM WASHINGTON
The Chair. The Commerce committee will come to order. We
have a distinguished list of nominees before our committee
today to fill roles critical to the safety of all American
consumers and security of our Nation's supply chain. We welcome
the nominees and their families today. Three have been
nominated to serve as Commissioners of the Consumer Product
Safety Commission.
The CPSC is very important to our Nation on various
missions, particularly risks posed by products that consumers
buy. In recent years, the CPSC and its leadership has
unfortunately failed to meet this mission and hold
manufacturers accountable for endangering American consumers
and their families. In 2019, I released a report documenting
concerns about the CPSC's lack of effective enforcement on
defective infant sleepers, jogging strollers, and residential
elevators.
Just two weeks ago, another child was crushed in an
elevator in a vacation home, just as the report had documented
on the problems. This could have been prevented if the CPSC had
taken more swift action to remedy this problem. We recently
wrote to the CPSC to demand immediate action on these issues.
It--this includes issuing mandatory safety standards for both
new and existing residential elevators. And I will continue to
ask questions about this today.
The CPSC is particularly important in protecting the most
vulnerable among us, especially children from unsafe products,
whether it is unsafe crib bedding, unstable dressers, unsafe
exercise equipment, high powered magnets embedded in toys. We
need the CPSC to do their job and be a strong, independent
voice. The Commission's first priority should be to American
consumers and to providing information they need to make
important decisions. But the CPSC too often gives deference to
manufacturers, which means Americans don't learn about these
hidden dangers until they are on the store shelves.
With the rise in online shopping, consumers face entirely
new sets of product safety and import surveillance issues.
Often, an online platform will serve as a distributor of a
product and manage the relationship with the consumer. Bad
actors shouldn't be able to hide behind an online platform to
escape accountability. Today, again, I will write to the CPSC
to implore them to take actions and to ensure that e-commerce
platforms are doing all they can to make sure that unsafe items
are not sold on their platform.
Finally, the prevalence of online consumer and small third
party sellers on U.S. online marketplace, the way we
traditionally conduct import surveillance to catch dangerous
products is no longer effective. The CPSC needs to do a better
job of monitoring this harmful projects. Today, we will
consider three nominees to make the CPSC a stronger cop on the
beat. I am very pleased to see Alex Hoehn-Saric, nominated to
the Commission and Chair of CPSC. Welcome to you and your
family. Mr. Hoehn-Saric currently serves as the Chief Counsel
for Communications and Consumer Protection for the U.S. House
Committee on Energy and Commerce.
In addition, he works on legislation and oversight related
to product safety. Mr. Hoehn-Saric has worked on consumer
product and safety programs for many years, and I know you will
do an outstanding job as Chair. Next, we will consider the
nomination of Mary Boyle to be Commissioner of CPSC. Ms. Boyle,
welcome to you and to your family. She currently serves as the
Executive Director at the CPSC. And in her 10 years as the
senior position at the agency, she has worked on a broad range
of issues.
In particular, I applaud her commitment to strengthening
the infant safety sleep standards. And I look forward to
hearing from you on what more we need to do in this area. And
finally, the CPSC nominee, Mr. Richard Trumka Jr., currently
serves as the General Counsel and safety--and Staff Director of
the Economic and Consumer Policy Subcommittee of the U.S. House
Committee on Oversight and Reform. Mr. Trumka has a strong
consumer protection record in both, as in Maryland at the
Attorney General's Office and in the House of Representatives.
So I look forward to hearing more about your views.
Switching gears, we will consider today the nomination of Grant
Harris, welcome, who is nominated to be Assistant Secretary for
Industry and Analysis at the Department of Commerce. Mr.
Harris, welcome to you and your family. The Assistant Secretary
for Industry and Analysis plays an important role on supply
chain issues.
We just had a big hearing last week about supply chain
issues, and we want to make sure that we are taking ready
advantage of understanding, mapping an analysis of our supply
chain and what safety needs are there. That is why I support
establishment of a Department of Commerce Supply Chain
Resiliency and Crisis Response Office under the United States
Innovation and Competitive Act.
So we will look forward to hearing your thoughts on these
key issues. And thank you all to all of you for your
willingness to serve in these critical roles for our
Government. Now, I will turn it over to my colleague, Senator
Wicker, for his statement.
STATEMENT OF HON. ROGER WICKER,
U.S. SENATOR FROM MISSISSIPPI
Senator Wicker. Thank you, Madam Chair, for convening this
hearing to consider the nominations of Mr. Alex Hoehn-Saric to
be Chairman and Commissioner of the Consumer Product Safety
Commission; Ms. Mary Boyle and Mr. Richard Trumka Jr. to be
Commissioners of the CPSC; and Mr. Grant Harris to the
Assistant Secretary for Industry and Analysis at the Department
of Commerce.
These positions are vitally important to the safety of
consumers and in keeping American industries competitive
internationally. I want to welcome Mr. Hoehn-Saric back to our
committee, where he once served as a professional staff member,
handling consumer protection and product safety issues among
other responsibilities. He has numerous professional
credentials, and it is noteworthy that he currently serves as
Chief Counsel for the Subcommittee on Consumer Protection and
Commerce for the House Energy and Commerce committee.
I have been engaged on matters under the CPSC's
jurisdiction since I arrived in Congress, particularly because
of its impact on the furniture industry of Mississippi. I look
forward to hearing from him about his plans and goals for the
agency should he be confirmed. Ms. Boyle has served at the CPSC
for more than a decade. She has been Executive Director of the
CPSC since 2018, after previously serving as Senior Counselor
for Policy and Planning, Deputy General Counsel and General
Counsel. Her long tenure at the CPSC gives her a unique vantage
point to speak with insight about the significant recent
administrative failures at the agency, including the improper
disclosure of unredacted manufacturer and consumer data, which
occurred for an extended period of time.
I conducted an investigation into these unauthorized data
disclosures while I was Chairman of this committee. We
determined that these disclosures, which violated Section 6(b)
of the Consumer Product Safety Act, resulted from a lack of
training, ineffective management, and poor information
technology implementation. I am also troubled by reports that
the CPSC curtailed port inspections for several months last
year. This indicates a strong probability that many more
hazardous products slipped into the domestic market than in
previous years.
In fact, just yesterday I sent a letter with Senator
Blackburn to the Government Accountability Office requesting a
thorough, independent analysis of the CPSC's action. I am very
interested in the information Ms. Boyle will provide to the
Committee on these and other important topics. Mr. Trumka
currently serves as General Counsel and Staff Director for the
House Committee on Oversight and Reform's Subcommittee on
Economic and Consumer Policy. That is a mouthful. Before this
role, he worked in the Maryland Office of Attorney General and
the Consumer Product Safety--and the Consumer Protection
Division.
I am hopeful his experience with consumer protection issues
will be beneficial to the nation, if he is confirmed. Mr.
Harris has worked in various public service roles, including
Special Assistant to the President and Senior Director for
African Affairs during the Obama Administration. He has also
worked as a consultant in the private sector and has taught
courses at the university level on strategy and political risk
in emerging markets.
I look forward to hearing from him about how his experience
would strengthen the efforts of the Industry and Analysis Unit
at the International Trade Administration as I seek to make
U.S. industries more competitive and abroad. And I thank all of
the nominees for their willingness to serve and their
willingness to appear before the Committee today. Thank you,
Madam Chair.
The Chair. Thank you, Senator Wicker. We will now proceed
to the nominees. Mr. Hoehn-Saric, you are up first. Thank you,
and again, welcome.
STATEMENT OF ALEXANDER D. HOEHN-SARIC,
NOMINEE TO BE CHAIR AND COMMISSIONER,
CONSUMER PRODUCT SAFETY COMMISSION
Mr. Hoehn-Saric. Thank you. Good morning, Chair Cantwell,
Ranking Member Wicker, and distinguished members of the
Committee. It is an honor to be nominated by President Biden to
serve as Chair of the Consumer Product Safety Commission. It is
a privilege to appear before the Senate Commerce Committee. For
5 years, I worked as a staffer on the Committee and had the
pleasure and honor of working with many of you and your staff,
supporting you.
Sitting on this side of the table is humbling as I have the
greatest respect for the Committee and the work that you do.
Before going forward, I would like to introduce my wife Lauren
and my son Arden, and sad that my daughter Daria is not here
today, but she is away at camp. My wife has always been my
strongest supporter, my partner, and the love of my life.
And I count myself blessed every day. Our children, our
greatest pride and joy. And not here today, but always close in
spirit, my parents Evanne and Rudolph. My mother at the age of
12, fled China shortly before the Communists took over. She
grew up in Blacksburg, Virginia, in the only Chinese family for
miles. My father grew up in Austria after leaving what was then
Yugoslavia, where his stepfather was executed by the Nazis
during the waning days of the war for helping the resistance.
They met in the U.S., they fell in love, and then we are told
that they weren't allowed to get married because mixed
marriages weren't allowed in Virginia.
Fortunately, they were able to go to neighboring Maryland,
where they did get married and lived for decades before moving
to D.C. recently. Their tenacity, caring, and work that they
have done for the community as doctors have been touchstones
for me throughout my life. Now, for nearly 50 years, the CPSC
has been tasked with a vital mission, it is to protect
consumers, the public, from unreasonable risk of injury and
death associated with the use of consumer products. This
description, however, fails to capture the lives that are saved
when the agency does its job well or the tragic consequences
when it falls short.
When non-compliant products make it into consumers' homes,
harms suffered can be immense. As you said, defective elevators
can crush infant children. Infants can die as a result of
poorly designed products, and shoddily made electronics can
burn homes to the ground. I have been fortunate to work with
the members of the Committee on a range of laws implemented by
the CPSC, including the Consumer Product Safety Improvement
Act, the Virginia Graeme Baker Pool Spa Safety Act, the COVID-
19 Relief and Work from Home Safety Act, and the Portable Fuel
Containers Safety Act, to name a few. And these laws have saved
lives, prevented property damage and prevented the heartbreak
that happens when a child or a loved one is lost.
I have also had the privilege of working with the staff of
the CPSC and witnessed their dedication to the mission of the
agency. And I worked with consumer groups and industry to
address difficulties facing the Commission in today's rapidly
changing marketplace. If confirmed, I commit to working with
the Committee, other Commissioners, and staff to protect the
public and help to take the agency into the modern age.
Specifically, the CPSC must meet consumers where they are, and
more and more, that is the online world. The public has a right
to expect that the products they buy online are as safe as the
ones they buy at the corner store.
Unfortunately, that is not always the case. The CPSC also
must do a better job with the ports. You know, approximately 50
percent of the products available are imports, but an estimated
75 percent--they identified a lot of products are imported
products. So if confirmed, I will use CPSC's resources
strategically, coordination with other Government agencies to
slow and try and reduce the flow of violent products coming
into the country.
And finally, the CPSC must work deliberately but quickly in
all of its endeavors. This includes working with industry to
develop voluntary, strong, voluntary safety standards and,
where appropriate, adopt CPSC developed standards consistent
with the law. Uncertainty in the marketplace doesn't benefit
consumers and doesn't benefit industry.
If confirmed, I will work with staff and fellow
Commissioners to make CPSC more efficient and engage with
stakeholders. In closing, I want to assure you that if
confirmed, I will be your partner in protecting the health and
well-being of consumers. Thank you for your consideration. I
look forward to answering your questions.
[The prepared statement and biographical information of Mr.
Hoehn-Saric follow:]
Prepared Statement of Alexander D. Hoehn-Saric, Nominee to be Chair and
Commissioner, Consumer Product Safety Commission
Good morning Chair Cantwell, Ranking Member Wicker, and
distinguished members of the Committee. It is an honor to have been
nominated by President Biden to Chair the Consumer Product Safety
Commission (CPSC).
And it is a special privilege to appear before the Senate Commerce
Committee. For five years, I worked as a staffer on the Committee and
had the pleasure of supporting many of you and your staff. Sitting on
this side of the table is humbling as I have the greatest respect for
the Committee and the work that you do.
Before going forward, I'd like to introduce my wife, Loren, and my
son, Arden. I'm sad that my daughter, Daria, is not here, but she is
away at camp. My wife has always been my strongest supporter, my
partner, and the love of my life. Every day, I count myself blessed.
And our children are our greatest joy and accomplishments.
Not here today, but always close in spirit, are my parents, Evanne
and Rudolf. My mother, at the age of 12, fled from China shortly before
the Communists took over. She grew up in Blacksburg, Virginia, in the
only Chinese family for miles. My father grew up in Austria after
leaving then-Yugoslavia where his step-father was executed by the Nazis
in the waning days of the war for helping the resistance. They met in
the U.S., fell in love, and then were told that mixed marriages were
not allowed in Virginia. These were the days before Loving v. Virginia.
Luckily, they were able to get married in neighboring Maryland where
they lived for decades before moving to D.C. Their tenacity, caring,
and dedication as doctors serving their community have been touchstones
throughout my life.
For nearly 50 years, the CPSC has been tasked with a vital mission:
protecting the public from unreasonable risks of injury and death
associated with the use of consumer products. This description,
however, fails to adequately capture the lives saved when the
Commission does its job well or the tragic consequences when it falls
short. When noncompliant products make it into consumers' homes, the
harms suffered can be immense. Defective elevators can crush small
children, infants can die as result of using poorly designed products,
and shoddily made electronics can burn houses to the ground.
I have been fortunate to work with members of this Committee on a
range of laws implemented by the CPSC, including the Consumer Product
Safety Improvement Act, the Virginia Graeme Baker Pool and Spa Safety
Act, the COVID-19 Regulatory Relief and Work from Home Safety Act, and
the Portable Fuel Container Safety Act. These laws have saved lives,
reduced property damage, and prevented the heartbreak that comes when a
child or loved one is lost.
I also have had the privilege of working with the staff of the CPSC
and witnessed their dedication to the agency's mission. And I have
worked with consumer groups and industry to address difficulties facing
the Commission in today's rapidly changing marketplace.
If confirmed, I commit to working with the members of this
Committee, the other Commissioners, and CPSC staff to protect the
public and help the agency take on the challenges of the modern age.
Specifically, the CPSC must meet consumers where they are. More and
more this means the online world. The public has a right to expect that
the products they buy online are as safe as those they buy at the
corner store. Unfortunately, that is not always true.
The CPSC also must do a better job at the ports. Imports represent
less than half of the consumer products available in the country, but
they constitute approximately 75 percent of identified noncompliant
products. If confirmed, I will use CPSC's resources strategically, in
coordination with other government agencies, to reduce the flow of
violative products entering the country.
Finally, the CPSC must work deliberatively but quickly in all its
endeavors. This includes working with industry to develop strong
voluntary safety standards, and where appropriate, adopt CPSC developed
standards, consistent with the law. Uncertainty in the marketplace does
not benefit consumers or industry. If confirmed, I will work with the
staff and my fellow Commissioners to make the agency more efficient and
engaged with stakeholders.
In closing, I want to assure you that, if confirmed, I will be your
partner in protecting the health and well-being of consumers.
I thank you for your consideration of my nomination and would be
happy to answer your questions.
______
a. biographical information
1. Name (Include any former names or nicknames used):
Alexander Dennis Hoehn-Saric (Alex).
2. Position to which nominated: Chair and Commissioner, Consumer
Product Safety Commission.
3. Date of Nomination: July 13, 2021.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: 2125 Rayburn House Office Building, Washington, DC
20515.
5. Date and Place of Birth: June 2, 1969; Baltimore, Maryland.
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: Loren Mayor, Chief Operating Officer World Wildlife
Fund.
7. List all college and graduate degrees. Provide year and school
attended.
JD, UCLA School of Law, 1995
AB, University of Chicago, 1991
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.
U.S. House Energy & Commerce Committee*
---------------------------------------------------------------------------
\*\ Denotes management-level jobs
---------------------------------------------------------------------------
Chief Counsel, Communications and Consumer Protection,
2019 to present
Chief Counsel for Subcommittee on Communication and
Technology, 2018-2019
Charter Communications
Senior Vice President, Government Affairs, 2013-2018
Federal Communications Commission,
Policy Director (Office of Commissioner Rosenworcel),
2012-2013
Department of Commerce*
Deputy General Counsel for Strategic Initiatives, 2011-
2012
U.S. Senate Committee on Commerce, Science, and Transportation*
Senior Counsel for Subcommittee on Consumer Protection,
Product Safety and Insurance, 2010-2011
Counsel for the Subcommittee on Communications, 2008-
2010
Counsel for Subcommittee on Consumer Affairs, Insurance
and Automotive Safety, 2007-2008
Office of Senator Barbara Boxer, Counsel, 2005-
2006
---------------------------------------------------------------------------
\\ Denotes non-management jobs that related to the position
for which I am nominated.
---------------------------------------------------------------------------
Latham & Watkins, Associate, 1999-2005
Sullivan & Cromwell, Associate, 1996-1999
U.S. District Court for the District of Maryland,
Law Clerk to the Honorable Benson Everett Legg, 1995-1996
Jenner & Block,
Paralegal Assistant, 1991-1992
9. Attach a copy of your resume.
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 ten years. None.
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 ten years.
Senior Vice President, Charter Communications.
12. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religiously affiliated organization, private club, or other membership
organization. (For this question, you do not have to list your
religious affiliation or membership in a religious house of worship or
institution.) 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 disability.
DC Bar Association
Role and tenure: Member, 1998 to present
VA Bar Association
Role and tenure: Associate Member, 2001 to present
Glen Echo Height Citizens' Association
Role and tenure: Member, 2012 (est.) to present
Description: Neighborhood association that organizes community
events and shares local information. I have a general
membership.
Mohican Swimming Pool Association
Role and tenure: Member, 2013 (est.) to present
Description: Neighborhood pool. I have a general membership.
Multicultural Media, Telecom and Internet Council (MMTC)
Role and tenure: Member of Board of Advisors, 2017-18 (est.)
Description: MMTC is a non-profit organization dedicated to
promoting equal access and representation in tech, media, and
telecommunications through opportunity creation, awareness
building, and advocacy. As an employee of Charter
Communications, I was designated to represent the company on
MMTC's board of advisors.
Federal Communications Bar Association
Role and tenure: I have been a member off and on over the past
10 years. I have no record of exact years. I am not currently a
member.
No club or organization listed herein restricts membership on
the basis of sex, race, color, religion, national origin, age
or disability.
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.
I have not been a candidate for or held public office.
14. List all memberships and offices held with and services
rendered to, whether compensated or not, any political party or
election committee within the past ten years. If you have held a paid
position or served in a formal or official advisory position (whether
compensated or not) in a political campaign within the past ten years,
identify the particulars of the campaign, including the candidate, year
of the campaign, and your title and responsibilities.
Volunteer, Democratic Congressional Campaign, Committee phone
banking effort (October 17, 2018)
Volunteer, Hillary Clinton, Tech & Innovation Policy Working
Group, (summer-fall 2016)
Volunteer, Senator Pryor reelection campaign (fall 2014)
15. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $200 or more for the past ten years.
Attached
16. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements. None.
17. Please list each book, article, column, Internet blog posting,
or other publication you have authored, individually or with others.
Include a link to each publication when possible. 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.
I have not published books, articles, columns, or Internet blog
posts.
In my capacity as a Federal employee, while I have not given formal
speeches, I have spoken on conference panels and to outside parties on
a variety of matters, including consumer protection issues.
18. List all digital platforms (including social media and other
digital content sites) on which you currently or have formerly operated
an account, regardless of whether or not the account was held in your
name or an alias. Include the name of an ''alias'' or ``handle'' you
have used on each of the named platforms. Indicate whether the account
is active, deleted, or dormant. Include a link to each account if
possible.
LinkedIn: Alexander Hoehn-Saric (active)
https://www.linkedin.com/in/alexander-hoehn-saric-7851a265
Instagram: hoehnsaric (active)
Facebook: Alex Hoehn-Saric (dormant)
Twitter: @hoehnsaric (active)
https://twitter.com/hoehnsaric?lang=en
Reddit: GrunkleStanley and hoehnsaric (active)
Clubhouse: Alex Hoehn-Saric (dormant)
19. 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.
20. 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?
If confirmed, my government background will serve me well. My
career in government service has focused on consumer protection issues,
including consumer product safety. I have had the privilege of working/
or and with Members of Congress in both the U.S. House of
Representatives and the U.S. Senate as the lead committee counsel
responsible for the oversight of the Consumer Product Safety Commission
(CPSC), consumer product safety matters, and legislative efforts to
reform the agency and address specific unreasonably dangerous products.
As a result, I am extremely familiar with the issues and obstacles that
the CPSC faces today.
As chief counsel for the U.S. House Energy & Commerce Committee, I
meet with a wide range of stakeholders, including consumer groups,
companies, associations, regulators, and individuals who have been
personally harmed by consumer products. I lead a team that follows
consumer product trends in the marketplace, examines agency resources,
and considers the legal authority currently available to the CPSC. At
the direction of the Chairman, I have organized Congressional hearings,
conducted oversight, and worked on legislation regarding consumer
product safety matters.
My work at the Department of Commerce (Commerce) and the Federal
Communications Commission (FCC) also help qualify me for the position.
At the FCC, I worked with commissioners and staff to advance the
mission of the agency. I learned the importance of working with closely
with staff as well as the importance of building working relationships
among commissioner offices. At Commerce, I worked to ensure that the
department operated consistent with its legal authority while advancing
its mission. I believe my experience in the executive branch, on
Capitol Hill, and in an independent agency prepare me for the important
work of the CPSC.
I am interested in serving on the CPSC because of the passion I
have for consumer protection and product safety. I am dedicated to
public service and the CPSC's mission to protecting consumers from
unreasonably dangerous products. I deeply believe that my prior service
and commitment to consumer protection provide me an important
perspective on the challenges facing the CPSC. If confirmed, I hope to
improve consumer product safety for all Americans and make a lasting
impact on the CPSC.
21. 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 as Chairman, my role will be to ensure that the
commission has proper management and accounting controls, including
appropriate checks and transparency. I have experience working in large
organizations, at independent agencies and in conducting oversight of
government agencies so I understand the fundamentals of what is needed.
I will work with my fellow commissioners to ensure appropriate
operational, financial oversight and reporting mechanisms are in place.
My experience on Capitol Hill involved significant oversight of
independent agencies, including the CPSC. I believe that this
experience can be applied to the practical management of the CPSC.
I fully understand the need for accountability and transparency in
the management of an independent agency, which is authorized by
Congress and supported by public funds.
22. What do you believe to be the top three challenges facing the
department/agency, and why?
I believe the top three challenges facing the CPSC are as follows:
1. The growth of online shopping for consumer products. There is an
ongoing shift from the traditional model of retailers who buy
and resell to consumers to the online sale of consumer products
sold directly to consumers from manufacturers or through online
shopping platforms. CPSC has a long history of working with
brick-and-mortar retailers and manufacturers to effectuate
recalls and prevent the sale of recalled products. Processes to
effectively monitor online sales for unreasonably dangerous
consumer products and effectuate recalls are still evolving in
the online world. Sellers on online platforms are often based
overseas and there is less accountability for the quality of
the products. Moreover, because such sellers may ship directly
to customers, it is more difficult for the CPSC to identify and
stop unreasonable dangerous products from reaching consumers.
It is estimated that e-commerce shipments regulated by CPSC
will reach $425 billion by 2023. The agency must have the tools
and capabilities to manage this shift in the way consumers
purchase goods.
2. Strengthening the woriforce. Without a knowledgeable, motivated,
diverse, and flexible woriforce, it is difficult to advance
CPSC's safety mission, particularly in the areas of compliance,
prevention, stakeholder outreach, rulemaking, and enforcement.
Woriforce development is a challenge because of the relatively
small size of the agency compared to the breadth of its
mandate. The woriforce must have the knowledge, training,
skills, and resources to manage a changing marketplace with
evolving risks. Moreover, as priorities change, management must
encourage and leverage employees from different backgrounds to
maximize their potential and achieve the agency's goals.
Without building and retaining a skilled, motivated, and
diverse woriforce that has the necessary tools and resources,
ongoing voluntary and mandatory rulemaking efforts will be
delayed, unreasonably dangerous consumer products will remain
in the market longer than necessary, and companies may not have
the information or incentives to prioritize product safety.
3. Communications. Effective communications that engages consumers,
stakeholders, and the safety community is critical for the
success of the agency. As discussed above, the rise of e-
commerce has created more opportunities for manufacturers,
including overseas manufacturers, to sell directly to
consumers. CPSC needs to work on improving communication with
consumers purchasing online, small manufacturers, and online e-
commerce platforms. In addition, reaching at risk populations,
including traditionally disadvantages communities, as well as
gathering injury data relevant to these populations is
difficult but necessary to advance CPSC's safety mission. Tools
need to be developed to better engage communities that
historically have not received the appropriate level of
attention to ensure consumers are informed and the agency takes
those populations into consideration during rulemakings and
other activities. Finally, communicating unreasonable risk of
injury or death related to specific products can be a challenge
depending on the willingness of a manufacturer to engage with
the CPSC. Working with stakeholders, including manufacturers,
retailers, and online platforms to expedite meaningful warnings
to consumers where appropriate will reduce the risk of injuries
and deaths to consumers.
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 a rollover IRA and Federal retirement account. My wife has a
rollover IRA and defined contribution retirement accounts with World
Wildlife Fund.
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. Explain how you will
resolve each potential conflict of interest.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the CPSC's DAEO to identify
potential conflicts of interest. Any potential conflicts of interest
will be resolved in accordance with the terms of the ethics agreement I
have entered into with CPSC's DAEO 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 ten 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. Explain how you will resolve
each potential conflict of interest.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the CPSC's DAEO to identify
potential conflicts of interest. Any potential conflicts of interest
will be resolved in accordance with the terms of the ethics agreement I
have entered into with CPSC's DAEO and that has been provided to this
Committee. I am not aware of any other potential conflicts of interest.
5. Identify any other potential conflicts of interest, and explain
how you will resolve each potential conflict of interest.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the CPSC's DAEO to identify
potential conflicts of interest. Any potential conflicts of interest
will be resolved in accordance with the terms of the ethics agreement I
have entered into with CPSC's DAEO and that has been provided to this
Committee. I am not aware of any other potential conflicts of interest.
6. Describe any activity during the past ten years, including the
names of clients represented, 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.
In my positions working on the US. House Energy and Commerce
Committee, the U.S. Senate Committee on Commerce, Science, and
Transportation, and in the office of Senator Boxer, my professional
responsibilities included working directly on the drafting and
disposition of legislation and the oversight of the agencies within the
jurisdiction of the respective committees.
While at Charter Communications, I worked on a number of
proceedings before the Federal Communications Commission, including two
merger proceedings in which Charter was a party. In addition, I worked
on numerous proceeding including proceedings related to closed
captioning, the implementation of Section 103 of the STELA
Reauthorization Act, the reclassification of broadband, the
modernization of the E-rate program, and business data services. I was
not a lobbyist. I did provide support to the government affairs team on
legislative issues as requested, including related to tax reform
legislation, retransmission consent reform, and set-top box
requirements.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics,
professional misconduct, or retaliation by, or been the subject of a
complaint to, any court, administrative agency, the Office of Special
Counsel, professional association, disciplinary committee, or other
professional group? No.
a. Provide the name of agency, association, committee, or group;
b. Provide the date the citation, disciplinary action, complaint, or
personnel action was issued or initiated;
c. Describe the citation, disciplinary action, complaint, or
personnel action;
d. Provide the results of the citation, disciplinary action,
complaint, or personnel action.
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 o, please explain. No.
3. Have you or any business or nonprofit of which you are or were
an officer ever been involved as a party in an administrative agency
proceeding, criminal 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, and that
your department/agency endeavors to timely comply with requests for
information from individual Members of Congress, including requests
from members in the minority? 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.
______
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The Chair. Thank you, Mr. Hoehn-Saric. And thank you to
your family and for their perseverance as well. Ms. Boyle,
welcome. Thank you for being here.
STATEMENT OF MARY T. BOYLE, NOMINEE TO BE A COMMISSIONER,
CONSUMER PRODUCT SAFETY COMMISSION
Ms. Boyle. Good morning, Chair Cantwell, Ranking Member
Wicker, and distinguished members of the Committee. As the
current Executive Director of the U.S. Consumer Product Safety
Commission and a member of the Senior Executive Service, I am
deeply honored to be considered for an appointment as a
Commissioner of the CPSC, and I thank you for giving me the
opportunity to testify today. I also want to thank my husband
of 30 years, EJ Dionne, for his unwavering support, as well as
my three adult children, James, Julia and Margot.
I was a stay at home mom for many years, the job I consider
to be the most important one I have held. Their love and
enthusiastic support of my professional career is a source of
great joy to me. I also want to thank and recognize the current
members of the Commission, Acting Chairman Robert Adler, Elliot
Kaye, Dana Baiocco, and Peter Feldman.
I have seen up close their commitment to advancing the
critical CPSC safety mission, and if I am fortunate enough to
receive confirmation, I look forward to working with
Commissioners Biacco and Feldman and my fellow nominees Alex
Hoehn-Saric and Richard Trumka Jr.--to continue advancing that
mission on behalf of the American people. I have had a lifelong
commitment to public service and a strong belief in the power
of our Government to protect the public, particularly the most
vulnerable. Let me briefly explain why.
I grew up in Brooklyn, New York, and I am the fifth of six
children, all brothers, I might add. My father died when I was
7 years old, and I grew up in a single parent household raised
by my mother. Through her incredible strength and love, my
siblings and I thrived despite difficult circumstances and few
resources. All of us attended college, the first generation in
our family to do so. If she were here today, my mother would
downplay everything she did to nurture our success. Instead,
she would point to all of the help we received from our
community, from our church, and she would always say from the
Government pointing to Social Security, Pell Grants, and other
assistance we received along the way.
My mother, who worked for many years as a hospital
Secretary to support us, would have been very wrong to downplay
her role. She was a remarkable person, but very much right
about the importance of the Government in providing a safety
net for my family. And to me, that is exactly what the CPSC
does. It provides a safety net for the public. I have served in
a variety of roles since coming to the CPSC more than 10 years
ago, as Deputy General Counsel, General Counsel, and now as
Executive Director. And I have been working to help ensure that
that safety net is in place as broadly as possible.
I strongly believe the consumers need to be able to go
about their daily lives without worrying that products they
interact with every day, washing machines, cell phones,
batteries, toys and treadmills, to name a few, do not injure,
maim, or kill them. My experience as a mother has taught me the
particular importance of the CPSC's role in protecting children
and helping parents avoid the heartbreaking consequences caused
by unsafe products.
If I am confirmed, I am committed to bringing special focus
to protecting this vulnerable population. Consumers expect
products to be safe. They deserve products to be safe. It is
our responsibility to make sure that happens using all of the
tools at our disposal to do so, through recalls, rulemaking,
litigation, regulatory enforcement, work with voluntary
standards organizations, and timely communication of
information to the public.
In closing, I would like to pay tribute to the CPSC career
staff of which I have had the privilege of being a part for
more than a decade. Their professionalism, commitment to public
service, and dedication to the CPSC mission inspire me every
day. It has been my honor to work by their side, and if I am
confirmed, I hope to make them proud. Thank you, and I look
forward to your questions.
[The prepared statement and biographical information of Ms.
Boyle follows:]
Prepared Statement of Mary T. Boyle, Nominee to be a Commissioner,
Consumer Product Safety Commission
Good morning Chair Cantwell, Ranking Member Wicker, and
distinguished members of the Committee. As the current Executive
Director of the U.S. Consumer Product Safety Commission (CPSC) and a
member of the Senior Executive Service, I am deeply honored to be
considered for an appointment as a Commissioner of the CPSC, and I
thank you for giving me the opportunity to testify today.
I also want to thank my husband of 30 years, EJ Dionne, for his
unwavering support as well as my three adult children, James, Julia,
and Margot. I was a stay--at--home mom for many years, the job I
consider to be the most important one I have held. Their love and
enthusiastic support of my professional career is a source of great joy
to me.
I also want to thank and recognize the current members of the
Commission: Acting Chairman Robert Adler, Elliot Kaye, Dana Baiocco,
and Peter Feldman. I have seen up close their commitment to advancing
the critical CPSC safety mission, and if I am fortunate enough to
receive confirmation, I look forward to working with Commissioners
Baiocco and Feldman, and my fellow nominees, Alex Hoehn--Saric and
Richard Trumka, Jr. to continue advancing that mission on behalf of the
American people.
I have had a lifelong commitment to public service and a strong
belief in the power of our government to protect the public,
particularly the most vulnerable. Let me briefly explain why.
I grew up in Brooklyn, New York and am the fifth of six children.
All brothers, I might add. My father died when I was seven years old
and I grew up in a single parent household, raised by my mother.
Through her incredible strength and love, my siblings and I thrived
despite difficult circumstances and few resources: All of us attended
college, the first generation in our family to do so.
If she were here today, my mother would downplay everything she did
to nurture our success. Instead, she would point to all of the help we
received from our community, from our church--and, she would always
say--from the government, pointing to social security, Pell grants, and
other assistance we received along the way. My mother, who worked for
many years as a hospital secretary to support us, would have been very
wrong to downplay her role--she was a remarkable person--but very much
right about the importance of the government in providing a safety net
for my family.
And to me, that is exactly what the CPSC does: it provides a safety
net for the public. I have served in a variety of roles since coming to
the CPSC more than ten years ago--as Deputy General Counsel, General
Counsel, and now as Executive Director--and I have been working to help
ensure that that safety net is in place as broadly possible. I believe
strongly that consumers need to be able to go about their daily lives
without worrying that products they interact with every day--washing
machines, cell phones, batteries, toys, and treadmills to name just a
few--do not injure, maim, or kill them. My experience as a mother has
taught me the particular importance of the CPSC's role in protecting
children and in helping parents avoid the heartbreaking consequences
caused by unsafe products. If I am confirmed, I am committed to
bringing special focus to protecting this vulnerable population.
Consumers expect products to be safe. They deserve products to be
safe. It is our responsibility to make sure that happens, using all of
the tools at our disposal to do so: through recalls, rulemaking,
litigation, regulatory enforcement, work with voluntary standards
organizations, and timely communication of information to the public.
In closing, I would like to pay tribute to CPSC career staff, of
which I have had the privilege of being a part for more than a decade.
Their professionalism, commitment to public service, and dedication to
the CPSC mission inspire me every day. It has been my honor to work by
their side, and if I am confirmed, I hope to make them proud. Thank you
and I look forward to your questions.
______
a. biographical information
1. Name (Include any former names or nicknames used):
Mary T. Boyle (occasionally known by married name: Mary Dionne
or Mary Boyle Dionne).
2. Position to which nominated: Commissioner, U.S. Consumer Product
Safety Commission.
3. Date of Nomination: July 2, 2021.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: 4330 East West Highway, Bethesda, MD 20814.
5. Date and Place of Birth: March 9, 1963; Brooklyn, NY.
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: EJ Dionne
Employment: Professor, Georgetown University; Senior fellow,
The Brookings Institution; Op-Ed Columnist, The Washington
Post; Professor, Harvard University.
Children: Eugene James Dionne, age 28; Julia Lucy Dionne, age
26; Margot Driscoll Dionne, age 23.
7. List all college and graduate degrees. Provide year and school
attended.
Bachelor of Arts, Georgetown University, 1981-85
Juris Doctor, University of Virginia, 1988-91
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.
District Office Scheduler, Office of Congressman Stephen J.
Solarz (1985-86)
Staff Assistant, Subcommittee on Asian and Pacific Affairs,
House Foreign Affairs Committee (1986-88)
Law Clerk, United Mine Workers Health and Retirement Funds,
Summer 1989
Summer Associate, Paul Hastings Law Firm, Summer 1990
Associate, Paul Hastings Law Firm, 1991-1992
Contract Attorney, Paul Hastings Law Firm, 2003-04.
Grants Administrator; Affordable Housing Coordinator, City of
Gaithersburg, 2005-2008
Executive Director; Consumer Product Commission, 2018 to
present. Prior to this position, I served in a variety of
senior roles at CPSC since 2010 including as General Counsel
and Deputy General Counsel. My role at the Commission over the
course of more than a decade, in both managerial and non-
managerial roles, relates directly to the position for which I
am being nominated.
9. Attach a copy of your resume.
Attachment 1
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 ten years. None.
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 ten years.
I hold a 5 percent passive investment interest as a limited partner
in Be Rockaway Enterprises, an LLC that owns a commercial property in
Rockaway, NY.
12. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religiously affiliated organization, private club, or other membership
organization. (For this question, you do not have to list your
religious affiliation or membership in a religious house of worship or
institution.). 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 disability.
Member of the Bar, Maryland (1991 to present) and the
District of Columbia (1993 to present)
Member, Many Hands Grant Making Organization (2017 to
present)
Palisades swim and tennis club (2005-2021)
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. List all memberships and offices held with and services
rendered to, whether compensated or not, any political party or
election committee within the past ten years. If you have held a paid
position or served in a formal or official advisory position (whether
compensated or not) in a political campaign within the past ten years,
identify the particulars of the campaign, including the candidate, year
of the campaign, and your title and responsibilities. None.
15. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $200 or more for the past ten years. None.
16. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Special Act Award, CPSC, 2020, for Outstanding Leadership
during pandemic
Chairman's Award, CPSC, 2015, Leadership in Administrative
Litigation
Chairman's Award, CPSC, 2013, Leadership as Acting General
Counsel
Special Act Award, CPSC, 2012, Leadership as Acting General
Counsel
Meritorious Service Award, CPSC, 2012, Public Database
Rulemaking
Outstanding Service Award, City of Gaithersburg, 2008,
Affordable Housing
17. Please list each book, article, column, Internet blog posting,
or other publication you have authored, individually or with others.
Include a link to each publication when possible. 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.
No books, articles, columns or other publications to report
I have given brief introductory remarks at the CPSC Day at
the annual International Consumer Product Health and Safety
Organization conference in 2019, 2020, and 2021 in my capacity
as Executive Director.
In July, 2016, I spoke via webinar to the Retail Industry
Association's Products Safety Committee about CPSC reporting
obligations, civil penalties, and effective compliance
programs.
In September 2016, I spoke to the International Bar
Association Annual conference, providing an overview of CPSC
functions, jurisdiction, reporting obligations, and recall
authority, among other general topics related to the agency.
18. List all digital platforms (including social media and other
digital content sites) on which you currently or have formerly operated
an account, regardless of whether or not the account was held in your
name or an alias. Include the name of an ``alias'' or ``handle'' you
have used on each of the named platforms. Indicate whether the account
is active, deleted, or dormant. Include a link to each account if
possible.
https://twitter.com/MaryTBrooklyn (dormant)
I have no other social media accounts, currently or in the past.
19. 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.
I testified before the Subcommittee on Postsecondary Education,
Committee on Labor, U.S. House of Representatives, on May 13, 1985. I
was a college senior and the testimony related to the impact of
education cuts.
20. 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?
My more than a decade of service at the CPSC across multiple
organizational units, including as General Counsel, and currently as
Executive Director, equips me with a depth of knowledge and expertise
on consumer safety issues that uniquely qualifies me to serve as a
Commissioner at the agency. As General Counsel, I served as chief legal
officer of the agency, providing legal, policy, and strategic advice on
complex regulatory, statutory, fiscal, litigation, and enforcement
issues. Additionally, I evaluated the legal sufficiency of proposed
product safety standards, rules, regulations, petition actions, and
substantial product hazard determinations and, in conjunction with the
Department of Justice, was responsible for all Federal court litigation
to which the Commission was a party.
In my current capacity as Executive Director, I serve as the Chief
Operating Officer of the agency and am responsible for executing its
programmatic, operational, and administrative functions, including
development of the budget and management of the agency regulatory
portfolio, hazard identification and reduction, laboratory sciences,
regulatory compliance, nation-wide field operations, import
surveillance, human resources management, information technology,
outreach to small businesses and consumer organizations, and
administration of facilities services. In addition to being steeped in
the substantive issues central to the agency mission, from rulemaking
to enforcement, I am well versed in agency operations, processes, and
procedures and that knowledge enhances my ability to effectively
accomplish objectives within that environment.
I wish to serve in this position because I have a deep belief in
the agency mission as evidenced by my more than ten years of service at
CPSC. I am committed to continuing to advance that mission and believe
my work to date will provide an invaluable foundation for fulfilling
Commissioner responsibilities.
21. 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 believe my responsibility would be to ensure that
the agency implemented proper management and internal controls through
evaluation of agency programs, their implementation, and metrics of
their success. In addition, my responsibility would extend to ensuring
that deficiencies identified through agency self-audits or through IG
reviews are addressed and remediated. As the Executive Director of the
CPSC, in which I serve as the Chief Operating Officer of the agency, I
have well developed experience managing a large organization.
22. What do you believe to be the top three challenges facing the
department/agency, and why?
A. Imports and E-Commerce: Improving the agency's ability to
detect and prevent entry of dangerous products into the United
States stands as a continuing challenge for the agency. In
particular, the agency needs to continue addressing the
challenges created by online shopping, a growing pre-pandemic
trend that took solid root across the country when consumers
turned in droves to online shopping during the pandemic. As a
result, a large volume of low-value, potentially noncompliant
or hazardous shipments of foreign-manufactured products are
being shipped directly to consumers in the United States.
Enforcement of the sale and distribution of goods on eCommerce
platforms is one of the biggest challenges facing the agency
and will require a multi-pronged approach to ensure consumer
safety.
B. Strengthening Compliance and Enforcement: In conjunction
with efforts to stop the introduction of noncompliant products
at the ports and eCommerce hubs (efforts that focus on
regulatory violations), CPSC faces an equally important
challenge in ensuring that it executes a robust compliance and
enforcement program to ensure defective products not subject to
regulation are removed through recalls or other corrective
actions.
C. Improving Data Analysis and Hazard Identification: The
voluminous amount of data that CPSC receives each year presents
a significant challenge to the agency's crucial hazard
identification function. The collection and analysis of data to
identify hazards and hazard patterns, particularly new and
emerging hazards, is central to CPSC's mission to protect
consumers from unreasonable risks of injury or death associated
with consumer products. High quality data must inform agency
decision-making and the agency faces the challenge of keeping
pace with technology advances.
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 receive a salary from the Federal government and hold a Federal
TSP account. I hold a 5 percent passive investment interest as a
limited partner in Be Rockaway Enterprises, an LLC that owns a
commercial property in Rockaway, NY. I do not have any role in the
operations of the building.
I do not have any other financial arrangements, deferred
compensation agreements, or other continuing dealings with business
associates, clients, or customers.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain.
I plan to maintain the 5 percent interest as a limited partner
described above in response to question number B1.
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. Explain how you will
resolve each potential conflict of interest.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the CPSC's DAEO to identify
potential conflicts of interest. Any potential conflicts of interest
will be resolved in accordance with the terms of the ethics agreement I
have entered into with CPSC's DAEO 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 ten 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. Explain how you will resolve
each potential conflict of interest.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the CPSC's DAEO to identify
potential conflicts of interest. Any potential conflicts of interest
will be resolved in accordance with the terms of the ethics agreement I
have entered into with CPSC's DAEO and that has been provided to this
Committee. I am not aware of any other potential conflicts of interest.
5. Identify any other potential conflicts of interest, and explain
how you will resolve each potential conflict of interest.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the CPSC's DAEO to identify
potential conflicts of interest. Any potential conflicts of interest
will be resolved in accordance with the terms of the ethics agreement I
have entered into with CPSC's DAEO and that has been provided to this
Committee. I am not aware of any other potential conflicts of interest.
6. Describe any activity during the past ten years, including the
names of clients represented, 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.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics,
professional misconduct, or retaliation by, or been the subject of a
complaint to, any court, administrative agency, the Office of Special
Counsel, professional association, disciplinary committee, or other
professional group? No.
If yes:
a. Provide the name of agency, association, committee, or group;
b. Provide the date the citation, disciplinary action, complaint, or
personnel action was issued or initiated;
c. Describe the citation, disciplinary action, complaint, or
personnel action;
d. Provide the results of the citation, disciplinary action,
complaint, or personnel action.
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 or nonprofit of which you are or were
an officer ever been involved as a party in an administrative agency
proceeding, criminal 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.
I have no additional information to provide.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees, and that
your department/agency endeavors to timely comply with requests for
information from individual Members of Congress, including requests
from members in the minority? 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.
______
Attachment 1
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The Chair. Thank you, Ms. Boyle, and thank you for
mentioning that and the career stuff. It is so important for
continuity of all of these issues and in history. And there is
a lot of people who just have to take brave action every day.
So thank them for all of us. Mr. Trumka, welcome. Thank you for
being here. I thought you were going to be the famous name on
the roster, but Ms. Boyle has now told us that her famous
connection. So it is all good. Thank you.
STATEMENT OF RICHARD TRUMKA JR., NOMINEE TO BE COMMISSIONER,
CONSUMER PRODUCT SAFETY COMMISSION
Mr. Trumka Jr. Thank you. Chair Cantwell, Ranking Member
Wicker, members of the Committee, thank you for the opportunity
to be here today. I am both grateful and honored to be
nominated. And I am here because I think all people deserve to
be protected from the harms they don't see coming. Both of my
grandfathers were proud coal miners. They worked hard every
day.
And like too many coal miners of their generation, they
both died of black lung. It is a painful disease that they got
from years of breathing in coal dust. It is a harm they didn't
see coming until it was too late. I remember a conversation I
had with my grandfather. I asked him what career path I should
take, and he turned his experience into some sage advice to me.
He said that to get a good education because nobody can take
that away from you and you should use it to try to help people,
protect them from the harms they see and the ones they don't
see coming, and to give them a voice.
And that advice has always stuck with me. It is what led me
to protect people's retirement security when I was in private
practice, and it is what drew me to the consumer protection
division of the Maryland Attorney General's Office. There, I
was able to protect consumers. I remember speaking to one
mother who had hired a moving company and they lured her in
with a lowball quote and then held all of her belongings
hostage, trying to extract four times that amount. When she
couldn't afford to pay, the moving company drove off with all
of her possessions, including necessary medical devices for her
disabled daughter. They slept on the cold floor that night
because even their mattresses and blankets were on the truck.
Fortunately, within days we were able to secure an injunction
and get her things back.
And then we set about making things right for all the other
people that this company had victimized. I also worked on
cybersecurity and privacy matters, including data breach issues
of national scope, like the Equifax data breach. And in those
cases, the offices of many attorneys general conduct multi-
state investigations. They team up to do those investigations.
And those allowed me to work with colleagues in states across
the political spectrum and demonstrated to me that consumer
protection is not partisan.
I know we all want to keep consumers safe. And the desire
to protect people from harms, both seen and unseen, is also why
I came to the House Subcommittee on Economic and Consumer
Policy. It was clear from my first conversation with Chairman
Raja Krishnamoorthi that he treasured those same ideals. And
together we have worked hard to address some significant
consumer product safety issues. We focused much of our
attention on products that hurt kids. As a father of two young
kids who I didn't bring here today, just to spare us all, the
issues are close to home for me. Earlier this year, the
Subcommittee issued a staff report revealing that baby foods
contain high levels of toxic heavy metals like arsenic, lead,
cadmium, and mercury. These are unseen dangers to infant
neurological development.
It is beyond encouraging that FDA has since taken up the
issue as a Commissioner level priority and created the Closer
to Zero Action Plan with the goal of reducing these neurotoxins
in baby foods to the lowest levels possible. And FDA set
timelines for doing that. The subcommittee also published a
staff report on children's car booster seats and the risk that
they pose to children who are transitioned to those
prematurely. There has been a longstanding consensus among
NHTSA and other experts that it is not safe for kids to be in
car booster seats if they are under 40 pounds.
Despite that, a lot of products were still being marketed
as safe for kids as late as 30 pounds, and that posed a very
serious risk of injury. Thankfully, after the Subcommittee's
investigation, all of the manufacturers that we talked to have
since voluntarily moved to a 40 pound standard. I have also
investigated the youth vaping epidemic, the presence of
carcinogenic asbestos in consumer products like Johnson and
Johnson's talc baby powder, which has since been discontinued,
and pet products that have allegedly caused harm not only to
dogs and cats, but also to the kids that play with them.
When I told my wife and kids--and my wife Jessica is here,
thank you for being with me. When I told them that President
Biden had nominated me to be a Commissioner at the CPSC, they
were thrilled. My son, who is--he is about to turn five next
week. He said, ``Dad, I am so excited.'' And after a short
pause, he added, ``. . . but I don't know what that means.''
For me, it was the perfect opportunity to impart my
grandfather's wisdom on my own son. And I said that it means
that I will get to work every day trying to protect people from
the harms they don't see coming. I ask that you give me that
opportunity. Thank you.
[The prepared statement and biographical information of Mr.
Trumka follows:]
Prepared Statement of Richard Trumka Jr., Nominee to be a Commissioner,
U.S. Consumer Product Safety Commission
Chair Cantwell, Ranking Member Wicker and members of the Committee.
Thank you for the opportunity to appear here. I am grateful and honored
to be nominated as a Commissioner at the Consumer Product Safety
Commission.
I am here today because I believe that all people deserve to be
protected from the dangers they can't see. Both of my grandfathers were
proud coal miners. They worked hard every day. And like too many miners
of their generation, they both died of black lung, a painful disease
that they got from years of breathing in coal dust. It was a danger
they couldn't see until it was too late.
I remember a conversation I had with my grandfather. I asked him
about what career path I should take. He turned his experience into
sage advice. He told me to get a good education, because no one can
take that away from you. And he told me to use that education to try to
protect people from the dangers they know, and the ones they can't see.
To give them a voice.
That advice has always stuck with me. It's why I worked to protect
people's retirement security while I was in private practice. And it's
what drew me to the Consumer Protection Division of the Maryland
Attorney General's Office. There, I was able to protect consumers. I
remember speaking to one mother who hired a moving company that lured
her in with a lowball quote and then held all her belongings hostage in
an attempt to extract four times that amount. When she couldn't afford
to pay, the moving company drove off with all of her possessions,
including necessary medical devices for her disabled daughter. They
slept on the cold floor that night because even their mattresses and
blankets were on the moving truck. Fortunately, within days we were
able to secure an injunction and get back her possessions. And then we
worked to make things right for all the other people this company had
victimized. I also worked on cybersecurity and privacy matters,
including data breach cases of national scope, like the Equifax data
breach. In those cases, the offices of many attorneys general teamed up
to conduct ``multistate investigations.'' Those investigations allowed
me to work with colleagues in states across the political spectrum, and
demonstrated that consumer protection is not partisan--we all want to
keep consumers safe.
The desire to protect people from harms, seen and unseen, is also
why I came to the House Oversight Subcommittee on Economic and Consumer
Policy. It was clear from my first conversation with Chairman Raja
Krishnamoorthi that he was passionate about the same ideals. And
together, we have worked to address some significant consumer product
safety issues. We have focused much of our attention on products that
hurt children. As a father of two young kids, the issues are close to
home for me. Earlier this year, the Subcommittee issued a staff report
revealing that many baby foods contained high levels of toxic heavy
metals like arsenic, lead, cadmium, and mercury. These are unseen
dangers to infant neurological development. It's beyond encouraging
that the Food and Drug Administration has since taken up the issue as a
Commissioner-level priority, creating the ``Closer to Zero'' Action
Plan. Closer to Zero's goal is to reduce the levels of these
neurotoxins in baby foods to the lowest levels possible, and FDA has
issued timelines for setting maximum limits. The Subcommittee also
published a staff report on children's car booster seats and the risk
that they pose to children who are placed in them prematurely. There is
a long-standing consensus, among the National Highway Traffic Safety
Administration and other experts, that car booster seats are unsafe for
children under 40 pounds. Despite that, many products were still being
marketing as safe for children as light as 30 pounds, which presented a
very serious risk of injury. After the Subcommittee's investigation,
all of the manufacturers that we communicated with have since
voluntarily moved to a 40-pound standard.
I have also investigated: the youth vaping epidemic; the presence
of carcinogenic asbestos in products like Johnson and Johnson's talc
Baby Powder, which has since been discontinued; and pet products that
have allegedly caused harm to not only dogs and cats, but also to the
children that play with them.
When I told my wife and kids that President Biden had nominated me
to be a Commissioner on the Consumer Product Safety Commission, they
were thrilled. My son, who is about to turn five, said: ``Dad, I'm so
excited.'' And after a short pause, he added, ``. . . but I don't know
what that means.'' It was the perfect opportunity to share my
grandfather's wisdom with my young son. And I told him it means that
his dad will get to work every day protecting people from the dangers
they don't see coming. I ask that you give me that opportunity.
Thank you.
______
a. biographical information
1. Name (Include any former names or nicknames used): Richard Louis
Trumka Jr.
2. Position to which nominated: Commissioner, Consumer Product
Safety Commission.
3. Date of Nomination: July 15, 2021.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: 200 C Street, S.W., Washington, DC 20024.
5. Date and Place of Birth: July 11, 1984; Silver Spring, 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).
Spouse: Jessica Trumka, Stay-At-Home Parent.
7. List all college and graduate degrees. Provide year and school
attended.
Cornell University. B.S. in Industrial and Labor Relations,
2006
Georgetown University Law Center, J.D., 2009
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.
a. House Committee on Oversight and Reform, Subcommittee on Economic
and Consumer Policy--General Counsel & Staff Director
b. Maryland Office of the Attorney General, Consumer Protection
Division--Assistant Attorney General
c. Steptoe & Johnson LLP--Associate
d. United States District Court for the Eastern District of
Pennsylvania, Judge Berle Schiller--Judicial Law Clerk
e. Steptoe & Johnson LLP--Summer Associate
f. Bredhoff & Kaiser, P.L.L.C.--Summer Associate
g. Mascaro Construction--Laborer
9. Attach a copy of your resume.
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 ten years. None.
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 ten years. None.
12. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religiously affiliated organization, private club, or other membership
organization. (For this question, you do not have to list your
religious affiliation or membership in a religious house of worship or
institution.). 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 disability. None.
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. List all memberships and offices held with and services
rendered to, whether compensated or not, any political party or
election committee within the past ten years. If you have held a paid
position or served in a formal or official advisory position (whether
compensated or not) in a political campaign within the past ten years,
identify the particulars of the campaign, including the candidate, year
of the campaign, and your title and responsibilities. None.
15. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $200 or more for the past ten years. None.
16. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
a. Maryland State Delegate Scholarship
b. Rapoport Fellowship
c. Sigma Alpha Lambda
17. Please list each book, article, column, Internet blog posting,
or other publication you have authored, individually or with others.
Include a link to each publication when possible. 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. None.
18. List all digital platforms (including social media and other
digital content sites) on which you currently or have formerly operated
an account, regardless of whether or not the account was held in your
name or an alias. Include the name of an ``alias'' or ``handle'' you
have used on each of the named platforms. Indicate whether the account
is active, deleted, or dormant. Include a link to each account if
possible.
a. LinkedIn: Richard Trumka Jr. (current) https://www.linkedin.com/
in/richard-trumka-jr-979b9al88/
b. Facebook: Rich Trumka Jr. (deleted)
19. 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.
20. 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?
Consumer protection is my passion and I have been fortunate enough
to make it my career. As the General Counsel & Staff Director of the
House Oversight Subcommittee on Economic and Consumer Policy, I have
been working at the intersection of consumer protection and public
health, focusing much of my work on products that hurt children. As a
father of two yom1g kids, the issues are close to home. Earlier this
year, the Subcommittee issued a staff report about the presence of
toxic heavy metals in baby food (inorganic arsenic, lead, cadmium, and
mercury). Tue Food and Drug Administration has since taken up the issue
as a Commissioner-level priority, creating the ``Closer to Zero''
Action Plan. Closer to Zero's goal is to reduce the levels of these
neurotoxins in baby foods to the lowest levels possible, and it sets
timelines by which FDA will issue maximum allowable limits for each
metal. The Subcommittee also published a staff report on children's car
booster seats and the risk that they pose to children who are placed in
them prematurely. There is a long standing consensus, among the
National Highway Traffic Safety Administration and other experts, that
car booster seats are unsafe for children under 40 pounds. Despite
that, many products were still being marketing as safe for children as
light as 30 pounds, which presented a very serious risk of injury.
After the Subcommittee's investigation, all of the manufacturers that
we investigated have since voluntarily moved to a 40-pound standard.
A number of the other health and safety-related investigations that
I have worked on have focused on children. Examples include
investigations into: the presence of carcinogenic asbestos in products
like Johnson and Johnson's talc Baby Powder; pet products that have
allegedly caused harm to not only dogs and cats, but also to the
children that play with them; the youth vaping epidemic; dating apps;
and children's online safety and wellbeing.
Prior to my role on the Oversight Committee, I was an Assistant
Attorney General in the Consumer Protection Division of the Maryland
Office of the Attorney General. In that role, I enforced Maryland's
consumer protection laws on behalf of consumers. My cases ranged from
scams like moving companies that gave lowball quotes then held
consumers' belongings hostage to extract higher prices, to data breach
cases of national scope, like the Equifax data breach. In data breach
cases, many state attorneys general team up and conduct ``multistate
investigations'' into the suspected consumer protection violations. I
served in leadership roles on many of those multistate data breach
investigations. In doing so, I had the pleasure of working with
colleagues from a large and diverse group of states. The experience
proved to me that when we focus on protecting consumers, partisanship
does not come into play--we all want to keep consumers safe.
I wish to serve as a Commissioner on the Consumer Product Safety
Commission because protecting consumers is my passion, it is CPSC's
mission, and it would be my privilege to help CPSC fulfill that
mission.
21. 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?
A primary responsibility would be to ensure that taxpayer dollars
are used effectively to carry out CPSC's core mission of protecting
consumers. Coming from the House Oversight Committee, I take waste,
fraud, and abuse very seriously. If confirmed as a Commissioner, I
would bring my oversight mentality to CPSC. I would also support the
Chairman in every way possible, including by lending my experience
examining agency programs for efficiency and effectiveness. On the
Economic and Consumer Policy Subcommittee, I lead a small team with a
big mission, and I will bring that mindset to CPSC.
22. What do you believe to be the top three challenges facing the
department/agency, and why?
One challenge is ensuring that bad actors are not selling recalled
products and that safety issues are reported to CPSC expeditiously.
Sale through e-commerce platforms requires CPSC's continued attention
and enforcement.
Another challenge is working to take speedy action to address
pressing consumer threats. Establishing that the Commission is willing
to use all of the tools that Congress has given it will help meet that
challenge. And we should ensure that investigations into defective
products are proactively identifying concerns.
Another challenge is effectively delivering our message to
consumers. It is critical to convey important information to consumers
succinctly and understandably. If a low percentage of consumers are
exercising the options offered in particular recalls, I would like to
examine why.
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.
a. I have an unvested cash balance in a pension account from my
former employer, the State of Maryland. I do not receive
distributions, and the account will not vest.
b. I have a 401(k) account through my former employer, the State of
Maryland. I do not receive distributions.
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. Explain how you will
resolve each potential conflict of interest.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the CPSC's DAEO to identify
potential conflicts of interest. Any potential conflicts of interest
will be resolved in accordance with the terms of the ethics agreement I
have entered into with CPSC's DAEO 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 ten 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. Explain how you will resolve
each potential conflict of interest.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the CPSC's DAEO to identify
potential conflicts of interest. Any potential conflicts of interest
will be resolved in accordance with the terms of the ethics agreement I
have entered into with CPSC's DAEO and that has been provided to this
Committee. I am not aware of any other potential conflicts of interest.
5. Identify any other potential conflicts of interest, and explain
how you will resolve each potential conflict of interest.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the CPSC's DAEO to identify
potential conflicts of interest. Any potential conflicts of interest
will be resolved in accordance with the terms of the ethics agreement I
have entered into with CPSC's DAEO and that has been provided to this
Committee. I am not aware of any other potential conflicts of interest.
6. Describe any activity during the past ten years, including the
names of clients represented, 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.
On behalfofthe Maryland Office of the Attorney General, I testified
in support of a number of bills in public hearings before committees of
the Maryland General Assembly.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics,
professional misconduct, or retaliation by, or been the subject of a
complaint to, any court, administrative agency, the Office of Special
Counsel, professional association, disciplinary committee, or other
professional group? No.
If yes:
a. Provide the name of agency, association, committee, or group;
b. Provide the date the citation, disciplinary action, complaint, or
personnel action was issued or initiated;
c. Describe the citation, disciplinary action, complaint, or
personnel action;
d. Provide the results of the citation, disciplinary action,
complaint, or personnel action.
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.
a. A 2006 charge of driving while intoxicated/driving under the
influence/operating while impaired was dismissed or Nolle
Prosequi.
b. A 2006 non-criminal citation for disorderly conduct. Resolved
with payment of $100 fine.
3. Have you or any business or nonprofit of which you are or were
an officer ever been involved as a party in an administrative agency
proceeding, criminal proceeding, or civil litigation? If so, please
explain. No.
3. 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.
4. 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.
5. 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, and that
your department/agency endeavors to timely comply with requests for
information from individual Members of Congress, including requests
from members in the minority? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses ano 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 L. Trumka Jr.
EXPERIENCE
General Counsel & Staff Director March 2019 to Present
U.S. House Committee on Oversight and Reform, Economic and Consumer
Policy Subcommittee
Conduct investigations, draft public reports, and plan
Subcommittee hearings
Prepare Subcommittee members for hearings, draft opening
statements and questions, for witnesses
Supervise and manage Subcommittee staff
Focus on the intersection of consumer protection and public
health:
Investigation into toxic heavy metals in baby foods
helped spur the creation of FDA's ``Closer to Zero''
program to reduce arsenic, lead, cadmium, and mercury
levels in baby foods
Investigation into the youth vaping epidemic revealed
evidence of JUUL's wrongdoing and youth targeting; led to
FDA issuing warning letters to JUUL and Puff Bar for
improper marketing; and helped prompt FDA to issue a
guidance document barring many kid-friendly e-cigarette
flavors
Children's booster seat safety investigation led to
U.S. manufacturers voluntarily adopting safer minimum
occupant weight standards, increasing the minimum weight
from 30 pounds to 40 pounds
Investigated asbestos in Johnson & Johnson talc-based
Baby Powder; the company has since discontinued sales of
the product
COVID-19 oversight has resulted in:
Exposure of waste, fraud, and abuse in a ventilator
procurement contract that resulted in taxpayer savings of
over $400 million
Oversight of FDA's early COVID-19 antibody testing
policy resulted in FDA improving the policy
Other investigations have included: organ procurement,
financial products, higher education, cybersecurity, food
insecurity, online dating apps, and children's online safety
Assistant Attorney General, Consumer Protection Division October 2015-
March 2019
Maryland Office of the Attorney General
Prosecuted violations of Maryland's consumer protection laws
Privacy and Cybersecurity: Helped lead multi-state data
breach investigations (joint investigations on behalf of
coalitions of 35-48 state Attorneys General), including cases
against Equifax ($600 million settlement), Uber ($148 million
settlement), Target, Adobe, and Nationwide Insurance
Drafted legislation on consumer protection issues, including
successful amendments to the Personal Information Protection
Act
Testified before committees of the Maryland legislature on
consumer protection and economic issues
Member of the Attorney General's Diversity Committee, Hiring
and Retention Subcommittee
Associate, Litigation Group August 2010-0ctober 2015
Steptoe & Johnson LLP
Focused on ERISA litigation and advice, representing Taft-
Hartley plans and their trustees
Participated in a range of litigation matters
Served on Hiring Committee; as Associate Mentor; and as
Summer Associate Mentor
Judicial Law Clerk August 2009-August 2010
Honorable Berle M. Schiller, U.S. District Court for the Eastern
District of Pennsylvania
Drafted opinions and orders on docket of 35-40 civil cases
and 10-15 criminal cases
Counseled the Judge on matters pending before the Court
EDUCATION
Georgetown University Law Center, J.D. 2009, Cum Laude
American Criminal Law Review, Articles and Notes Editor
Clinics: Institute for Public Representation: Civil Rights
Division; and Street Law
Cornell University B.S. in Industrial and Labor Relations, 2006
Member of the football team
The Chair. Thank you. Thank you, Mr. Trumka. I think it is
so important that people do know more about the Consumer
Product Safety Commission and its mission because it is
critical to our Nation. Mr. Harris, welcome. Thank you for
being here. The anomaly here this morning. But I guarantee you
supply chains do fit into this equation. So thank you very
much.
STATEMENT OF GRANT T. HARRIS, NOMINEE TO BE
ASSISTANT SECRETARY FOR INDUSTRY AND ANALYSIS,
U.S. DEPARTMENT OF COMMERCE
Mr. Harris. Chair Cantwell, Ranking Member Wicker, and
members of the Committee, I am honored and humbled to appear
before you today as President Biden's nominee for Assistant
Secretary for Industry and Analysis at the U.S. Department of
Commerce. I also want to thank Secretary Raimondo for her
support for my nomination. I want to especially thank my family
for their love and support. My wife, Jasmine, and our two
children are watching from California with my parents.
In my personal life and professional work, my highest goal
is to make them proud, and I strive every day to do so. My
parents, Tom and Lenny, are retired public servants. I was born
and raised in California, where my mom was recognized as the
State school nurse of the year for her help for kids. And my
dad led city and district attorney's offices to help cities and
counties serve their citizens and combat crime. My parents
instilled in me a profound sense of gratitude for the
opportunities afforded to me and that this country presents, as
well as a deep responsibility to serve.
If confirmed, I would draw on my background in both the
public and private sectors. In my previous Federal Government
service, I was honored to work at the White House and State
Department. This meant working across a broad range of
security, economic, and political issues. The work included
initiatives to advance U.S. trade and investment, as well as
leading and coordinating national security decisionmaking
processes, coordinating--responding to international incidents,
supporting international peace negotiations, and negotiating
with foreign Governments on a range of issues.
At the same time, I have direct experience helping American
companies and their businesses compete in global markets as the
CEO of a strategy and political risk company that I founded and
previously as a transactional attorney at a global law firm. I
have worked with companies ranging from startups to large
multinationals and witnessed the opportunities that exist. At
the same time, I have seen firsthand how other countries are
using both fair and unfair tactics to promote their own
companies and the challenges this poses to the international
competitiveness for U.S. industries.
For instance, I have seen China's unfair business practices
in trying to push a U.S. company out of a project in favor of a
Chinese State owned enterprise. I have also had the privilege
of teaching on strategy and risk in emerging markets as an
adjunct professor at Kellogg School of Management at
Northwestern University, Haas School of Business, University of
California, Berkeley and Elliott School of International
Affairs at the George Washington University.
As a country, I believe that we have major opportunities,
even as we confront important challenges. As we seek to address
the economic damage caused by COVID-19, we can rebuild a
stronger and more resilient economy. We can do so by investing
in our people, businesses, and communities. We can redouble our
efforts to ensure that prosperity in our country is broad based
and that all communities have resources and pathways to good
jobs.
And as we directly confront threats to our economic
competitiveness and values, we can make smart investments in
innovation and push for a level playing field for American
companies. Championing U.S. firms is vital to U.S. economic
competitiveness and national security. This is precisely why I
hope to serve in the U.S. Department of Commerce. Countless
jobs and communities depend on American companies and workers
being able to compete on a level playing field.
If confirmed, my top priority would be to support the
international competitiveness of U.S. industries. Industry and
analysis produces critical analysis to support both public and
private sector decisionmaking. The brainpower and experience of
the career staff and industry and analysis are indispensable to
strengthening our global supply chains, combating predatory and
unfair trade practices that undercut American manufacturing,
and promoting travel and tourism to name but a few key areas.
If I have the honor of being confirmed and am entrusted
with leading the industry and analysis team, I would be a
strong advocate for and partner to American industry. I would
also be a strong partner to this committee, to you, and to your
staffs to advance American business, workers, jobs, and
economic security.
In closing, thank you very much for your consideration and
the opportunity to appear before you. I look forward to your
questions.
[The prepared statement and biographical information of Mr.
Harris follows:]
Prepared Statement of Grant T. Harris, Nominee to be Assistant
Secretary for Industry and Analysis, U.S. Department of Commerce
Chair Cantwell, Ranking Member Wicker, and Members of the
Committee, I am honored and humbled to appear before you today as
President Biden's nominee for Assistant Secretary for Industry and
Analysis at the U.S. Department of Commerce. I want to thank Secretary
Raimondo for her support of my nomination.
I want to especially thank my family for their love and support. My
wife, Jasmine, and our two children are watching from California with
my parents. In my personal life and professional work, my highest goal
is to make my family proud--and I strive every day to do so.
My parents, Tom and Lennie, are retired public servants. I was born
and raised in California, where my mom was recognized as the state's
``School Nurse of the Year'' for her work supporting kids. My dad led
city and district attorneys' offices to help cities and counties serve
their citizens and combat crime. My parents instilled in me a profound
sense of gratitude for the opportunities that I have been afforded and
that this country presents, and a deep sense of responsibility to
serve.
If confirmed, I would draw on my background in both the public and
private sectors to serve as Assistant Secretary for Industry and
Analysis. In my previous Federal government service, I was honored to
work at the White House and State Department. This meant working across
a broad range of security, economic, and political issues. The work
included initiatives to advance U.S. trade and investment as well as
leading and coordinating national-security decision-making processes,
supporting international peace negotiations, helping lead crisis
response efforts in the face of emergency situations such as coups and
terrorist incidents, working with governments in emerging markets to
improve investment climates, and negotiating with foreign governments
on a range of issues.
At the same time, I have direct experience helping American
companies expand their business and compete in global markets, as the
CEO of a strategy and political risk consulting company that I founded,
and previously as a transactional attorney at a global law firm. I have
worked with companies ranging from start-ups to large multinationals
and witnessed the opportunities that exist. At the same time, I have
seen firsthand how other countries are using both fair and unfair
tactics to promote their own companies, and the challenges this poses
to the international competitiveness of American industries. For
instance, I have seen China's unfair business practices in seeking to
push a U.S. company out of a project in favor of a Chinese state-owned
enterprise. I have also had the privilege of teaching on strategy and
risk in emerging markets as an adjunct professor at Kellogg School of
Management at Northwestern University, Haas School of Business at the
University of California, Berkeley, and the Elliott School of
International Affairs at George Washington University.
As a country, I believe that we have major opportunities, even as
we confront important challenges. As we seek to address the economic
damage caused by the COVID-19 pandemic, we can rebuild a stronger and
more resilient economy. We can do so by investing in our people,
businesses, and communities. We can redouble our efforts to ensure that
prosperity in our country is broad-based and that all communities have
resources and pathways to good jobs. And as we directly confront
threats to our economic competitiveness and values, we can make smart
investments in innovation while tenaciously pushing for a level playing
field for American companies.
Championing U.S. firms is vital to U.S. economic competitiveness
and national security. This is precisely why I hope to serve at the
U.S. Department of Commerce. Countless jobs and communities depend on
American companies and workers being able to compete on a level playing
field. If confirmed, my top priority would be to support the
international competitiveness of U.S. industries. Industry and Analysis
produces critical analysis to support public and private sector
decision-making. The brain power and experience of the career staff in
Industry and Analysis are indispensable to strengthening our global
supply chains, combating predatory and unfair trade practices that
undercut American manufacturing, and promoting travel and tourism, to
name but a few key areas.
If I have the honor of being confirmed and am entrusted with
leading the Industry and Analysis team, I would be a strong advocate
for, and partner to, American industry. I would also be a strong
partner to this Committee, you, and your staffs, to advance American
business, workers, jobs, and economic security. In closing, thank you
very much for your consideration and the opportunity to appear before
you. I look forward to your questions.
______
a. biographical information
1. Name (Include any former names or nicknames used): Grant T.
Harris.
2. Position to which nominated: Assistant Secretary for Industry
and Analysis, U.S. Department of Commerce.
3. Date of Nomination: June 8, 2021.
4. Address (List current place of residence and office addresses):
Information not provided.
5. Date and Place of Birth: October 19, 1976; Ventura, CA.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Jasmine E. Harris, Professor of Law, University of Pennsylvania
(as of July 1, 2021) and, previously, Professor of Law,
University of California, Davis (until June 30, 2021)
7. List all college and graduate degrees. Provide year and school
attended.
Yale Law School, JD, 2005 Princeton University, MPA, 2005
University of California, Berkeley, BA (Political Science),
1998
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.
Connect Frontier LLC (previously named Harris Africa Partners
LLC), Chief Executive Officer (2015-2021)--management level
Kellogg School of Management, Northwestern University, Adjunct
Professor of Global Management (2019-2021)--taught on doing
business in emerging markets
Haas School of Business, University of California, Berkeley,
Lecturer (2020-2021)--taught on doing business in emerging
markets
Elliott School of International Affairs, George Washington
University, Professorial Lecturer of International Affairs
(2020)--taught on political risk analysis and strategies
The National Security Council, The White House, Special
Assistant to the President and Senior Director for African
Affairs (2011-2015)--managed presidential initiatives and
policy processes relevant to the Commerce Department
United States Mission to the United Nations, Deputy Chief of
Staff and Counselor (previously, Senior Advisor) (2009-2011)--
management level
Cleary Gottlieb Steen & Hamilton LLP, Associate (2005-2009)--
transactional attorney working with companies on international
business transactions
JoongAng Ilbo Education Business/Kaplan, English Teacher (2005)
Cleary Gottlieb Steen & Hamilton LLP, Summer Associate in New
York and Hong Kong offices (2004)--worked with companies
conducting business globally, particularly in East Asia
Department of Justice, Office of Intelligence Policy & Review,
Law Clerk (2003)
U.S. Attorney's Office, Office of Transnational and Major
Crimes, Law Clerk (2003)
Mario Santo Domingo Foundation, Adviser to the President (2002)
The National Security Council, The White House, Associate
Director for African Affairs (2000-2001)--worked on policy
issues relevant to the Commerce Department
United States Mission to the United Nations, Special Assistant
(1999-2000)--worked on policy issues relevant to the Commerce
Department
U.S. Embassy Guatemala, Intern (1999)--worked on policy
positions relevant to the Commerce Department
Smith, Hampton & Devlin Temporary Agency, Multimedia Assistant
at Stockpower (1999)
University of California, Berkeley, Department of Political
Science, Senior Clerk (1999)
9. Attach a copy of your resume.
Attached as Appendix A.
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 ten years.
United States Holocaust Memorial Council (2017-2019)
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 ten years.
Connect Frontier LLC, CEO and Owner (2015 to present)
World Learning Inc., Global Advisory Council (2017 to
present)
Africa Finance Corporation, Board of Directors (2016-2018)
12. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religiously affiliated organization, private club, or other membership
organization. (For this question, you do not have to list your
religious affiliation or membership in a religious house of worship or
institution.). 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 disability.
Dialog, Member (2020 to present)
Pacific Council on International Policy, Member (2015 to
present)
New York State Bar, Member (2006 to present)
California Alumni Association, Lifetime Member (2005 to
present)
Council on Foreign Relations, Term Member (2009-2014)
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. List all memberships and offices held with and services
rendered to, whether compensated or not, any political party or
election committee within the past ten years. If you have held a paid
position or served in a formal or official advisory position (whether
compensated or not) in a political campaign within the past ten years,
identify the particulars of the campaign, including the candidate, year
of the campaign, and your title and responsibilities.
Biden for President Campaign, Policy Volunteer
(International Economic Policy Working Group) and member of
Finance Committee, 2020
Kamala Harris for the People, Policy Volunteer (Africa
Policy Working Group), 2020
Hillary for America, Policy Volunteer (Africa Policy Working
Group), 2016
15. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $200 or more for the past ten years.
The list below is based on a search of personal and public records:
Biden for President, multiple commitments totaling $4,370 in
2020 made to several entities including Biden for President,
Biden Victory Fund, and Biden Action Fund
Steve Bullock for Senate, $250 in 2020
Elissa Slotkin for Congress, multiple commitments totaling
$500 in 2018
Tom Malinowski for Congress, multiple commitments totaling
$375 in 2018
Andy Kim for Congress, multiple commitments totaling $375 in
2018
Jenny Wong for Berkeley City Auditor, $250 in 2018
Hillary for America, multiple commitments totaling $3,150 in
2016
Obama for President, multiple commitments totaling $450 in
2012
16. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Inducted into Lincoln High School Hall of Fame, 2018
Outstanding Young Alumnus Award, University of California,
Berkeley, Institute of Governmental Studies, 2010
Francis Lieber Prize for outstanding scholarship, American
Society of International Law, 2009
Ambrose Gherini Prize for best paper in field of
International Law, Yale Law School, 2005
Graduated with Distinction, Princeton University, 2005
John Gardner Public Service Fellow, 1999-2000
Graduated summa cum laude, University of California,
Berkeley, 1998
University Medal Finalist, University of California,
Berkeley, 1998
University of California Alumni Association Leadership
Scholarship, 1995, 1996, 1997, 1998
Student Body President, University of California, Berkeley,
1996-1997
Pacific Association of College and University Residence
Halls Award, 1996
National Association of College and University Residence
Halls Award, 1995
Edward Frank Kraft Award, University of California,
Berkeley, 1994
Phi Beta Kappa, elected 1996
Golden Key National Honors Society, elected 1995
17. Please list each book, article, column, Internet blog posting,
or other publication you have authored, individually or with others.
Include a link to each publication when possible. 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
Links are provided where available.
``To Grow Jobs, Washington Must Fight for U.S. Companies
Abroad,'' Atlantic Council (2020)
``How to Brief a Senior Executive,'' Harvard Business Review
(2020)
``How Investors Can Navigate Pandemic-Related Risk in
Emerging Markets,'' Harvard Business Review (2020)
``Leaders of Developing Countries Are Particularly
Vulnerable During this Pandemic,'' The Washington Post (2020)
``The Mixed Record of U.S. Commercial Diplomacy,'' Wilson
Center (2020)
``How Vladimir Putin is Outplaying the U.S. in Africa,'' The
Washington Post (2019)
``Why Every University Needs an Africa Strategy,'' Inside
Higher Ed (2019)
``The Perils of Chinese Debt Diplomacy,'' Wilson Center
(2019)
``How Trump's `Victory' Became Kim's Triumph,'' Project
Syndicate (2019)
``Trump's Africa Policy Is Destined for Failure,'' Foreign
Affairs (2019)
``U.S. is Punishing Rwanda for Rejecting Old Jeans and T-
Shirts,'' The Washington Post (2018)
``China Is Loaning Billions of Dollars to African Countries.
Here's Why the U.S. Should Be Worried,'' TIME (2018)
``In Africa, It's Not Just China Eating America's Lunch,''
Wilson Center (2018)
``Trump's Militaristic Africa Policy Will Backfire,''
Foreign Policy (2018)
``The Key to Stopping an Outbreak,'' U.S. News & World
Report (2018)
``Why U.S. Companies Need to Include Africa in Their Global
Growth Strategies,'' Initiative for Global Development (2018)
``Stop the Ghost of ISIS from Haunting Africa,'' U.S. News &
World Report (2018)
``Challenging North Korea,'' Wilson Center (2018)
``End Africa's Lifeline to North Korea,'' U.S. News & World
Report (2018)
``The U.S. Needs Real Diplomacy to Counter North Korea in
Africa,'' Foreign Policy (2017)
``Ignoring Africa Endangers America,'' U.S. News & World
Report (2017)
``By Ignoring Africa, U.S. Cedes Jobs to China,'' Forbes
(2017)
``Where Trump Fails on U.S.-Africa Policy, Congress Must
Step In,'' The Hill (2017)
``Will African Leaders Allow Youth to Make the World a
Better Place?'' HuffPost SA (2017)
``Why Africa Matters to U.S. National Security,'' The
Atlantic Council (2017)
``Obama Stakes His Africa Legacy on Economic Growth,''
Forbes (2017)
``U.S. Investors Are Missing Out on Africa's Economic
Growth,'' Forbes (2016)
``It's Time for U.S. Companies to See Africa as an
Investment Destination,'' Initiative for Global Development
(2016)
``A Global Stage for Africa's Rising Tech Entrepreneurs,''
Wilson Center (2016)
``A Legacy in the Making: Obama's Approach to Security
Sector Assistance,'' The Cipher Brief (2016)
``The Imperative of African Leadership,''
``Human Rights, Israel, and the Political Realities of
Occupation,'' Israel Law Review (2008) (also available at
https://papers.ssrn.com/sol3/cf_dev/AbsBy
Auth.cfm?per_id=621360)
``The Era of Multilateral Occupation,'' Berkeley Journal of
International Law (2006) (also available at https://
papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?
per_id=621360)
``The CIA Mandate and the War on Terror,'' Note, Yale Law &
Policy Review (2005) (also available at https://
papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?
per_id=621360)
``Balm for Rose Bowl Blues,'' San Francisco Chronicle (2004)
``Student Government Under Siege,'' San Francisco Chronicle
(1996)
White House Blogs
During my time working at the National Security Council at the
White House from 2011-2015, I authored or co-authored various blog
posts related to my duties. Below is a list of blogs which I have been
able to identify from my records and electronic searches. If additional
blogs are identified, they will be provided to the committee promptly.
Links are provided.
President Obama's Meeting with Nigerian President Muhammadu
Buhari, July 2015
National Security Advisor Rice Offers a Message on South
Sudan Independence, July 2015
Reinforcing the U.S.-Africa Partnership, March 2015
President Obama's Message to the Nigerian People, March 2015
Launching the Plan to Combat Wildlife Trafficking, February
2015
Standing with the People and Transitional Government of the
CAR, September 2014
Further U.S. Efforts to Protect Human Rights in Uganda, June
2014
Ambassador Rice Meets with Governors from Nigeria, March
2014
A New National Strategy for Combating Wildlife Trafficking,
February 2014
Briefing on the Young African Leaders Initiative, January
2014
Urging Peace in South Sudan, December 2013
President Obama's Message to the People of the Central
African Republic, December 2013
White House Hosts Forum to Counter Wildlife Trafficking and
Announces Advisory Council, September 2013
A New Presidential Envoy for Sudan and South Sudan, August
2013
The AGOA Forum: Promoting Sustainable Growth in Africa,
August 2013
Addressing the Crisis in South Sudan's Jonglei State, July
2013
President Obama Meets with Leaders of Sierra Leone, Senegal,
Malawi, and Cape Verde, March 2013
President Obama's Message to the People of Kenya, February
2013
The Future of America's Partnership with Sub-Saharan Africa,
June 2012
President Obama's Message to the People of Sudan and South
Sudan, April 2012
Remarks/Interviews
During my tenure at the White House and while in private life, I
have delivered remarks, both formally and informally, in a variety of
fora that have centered or touched on issues related to U.S. economic
competitiveness, economic growth, international business, and other
topics related to the work of the U.S. Department of Commerce. To the
best of my ability, I have provided a list of relevant speeches,
remarks, and interviews that I have been able to identify from my
records and electronic searches. If any additional speeches are
identified, they will be provided to the committee promptly.
Links are provided where available.
George Washington University, guest lecture in a course at
the Elliott School of International Affairs, June 3, 2021
CNBC International, January 20, 2021
Benedictine University, keynote speaker as part of a lecture
series on leadership (2021), December 2, 2020
Concordia, panel participant at Concordia Africa Initiative,
November 17, 2020
Syracuse University, guest lecture at Maxwell School of
Citizenship & Public Affairs, November 10, 2020
CNBC Africa, November 10, 2020
Cornell, guest lecture in a course at Cornell SC Johnson
School of Business, November 9, 2020
CNBC Africa, November 9, 2020
eNCA TV, November 7, 2020
Yale University, guest lecture in a course at the Yale
Jackson Institute for Global Affairs, November 6, 2020
CNBC Africa, November 4, 2020
567 Cape Talk Radio, November 3, 2020
CNBC Europe, November 3, 2020
University of Chicago, workshop at the Harris School of
Public Policy, October 27 and 29, 2020
University of California, Berkeley, guest lecture in an
undergraduate course, October 26, 2020
CNBC Africa, October 23, 2020
Sciences Po Paris and Sciences Po Saint-Germain-en-Laye,
guest lecture, October 21, 2020
CBS News, October 20, 2020
Carthage College, keynote speaker at Aspire conference,
October 16, 2020
CNBC International, October 8, 2020
Horasis Extraordinary Meeting, panelist, October 1, 2020
Concordia, moderated roundtable at the Concordia Annual
Summit 2020, September 25, 2020
CNBC, September 17, 2020
University of California, Berkeley, guest lecture in an
undergraduate course, September 15, 2020
Johns Hopkins University, guest lecture in a course at
School of Advanced International Studies, September 9, 2020
KPMG Assurance and Consulting Services, panelist, August 18,
2020
MiDA Advisors International Retreat, July 6, 2020
Los Angeles World Affairs Council, panelist on panel co-
sponsored by the Los Angeles World Affairs Council and World
Trade Center LA, June 24, 2020
Cal Maritime, panelist, June 13, 2020
University of Johannesburg, panelist, May 20, 2020
Northwestern University, guest lecture at Kellogg School of
Management, April 29, 2020
CNBC Africa, April 8, 2020
CNBC Africa, April 3, 2020
TV47, February 20, 2020
Pan-African Business Forum Annual Trade Conference in
California, keynote, October 15, 2019
Johns Hopkins University, guest lecture in a course at
School of Advanced International Studies, October 10, 2019
National Defense University, guest lecture at National War
College, October 7, 2019
Pacific Council on International Affairs PolicyWest
Conference, panelist, October 4, 2019
Concordia, panelist at the Concordia Annual Summit 2019,
September 23, 2019
AfricCanDo Interview, September 23, 2019
BBC World News television, August 1, 2019
University of California, Davis, guest lecture in a course
at UC Davis Graduate School of Management, July 26, 2019
Pacific Council on International Policy, moderator of panel,
July 25, 2019
University of California, Davis, Mandela Washington Fellows
program, July 5, 2019
BBC World Service radio, May 29, 2019
Business Council for International Understanding, moderator
of conference call discussion, May 14, 2019
Berkeley-Haas Africa Business Forum, panelist, April 6, 2019
Sagamore Institute in Indianapolis, Indiana, talk hosted by
Malichi Group Worldwide, March 21, 2019
Indiana University, ``America's Role in the World''
conference at Indiana University Bloomington, panelist, March
22, 2019
Illinois District Export Council, March 5, 2019
Northwestern University, guest lecture at class at Kellogg
School of Management, March 5, 2019
Business Council for International Understanding, moderator
of conference call discussion, February 26, 2019
CNBC Africa, January 20, 2019
CNBC Africa, January 14, 2019
University of California, Davis, moderated a discussion on
``The Collective Memory of Genocide'' with the Minister of
Justice and Attorney General of Rwanda at the University of
California, Davis Law School, November 5, 2018
International Trade Association of Greater Chicago,
Executive Roundtable, November 2, 2018
University of Chicago, remarks at the Harris School of
Public Policy, November 2, 2018
Northwestern University, panelist at event at Kellogg School
of Management, November 1, 2018
NPR, October 8, 2018
University of Chicago, Pearson Global Forum, October 5, 2018
Kuramo Capital Annual ``Sub-Saharan Africa Day'' at the
Harvard Club of New York, September 25, 2018
TRT World Television, September 4, 2018
France 24, September 4, 2018
Johns Hopkins University, guest lecture in a course at
School of Advanced International Studies, September 20, 2018
Voice of America, ``Africa 54,'' August 27, 2018
BBC World News, August 27, 2018
CNBC Africa, August 23, 2018
Voice of America, ``Africa 54,'' July 17, 2018
CNBC Africa, July 25, 2018
CNBC Africa, July 24, 2018
CNBC Africa, July 10, 2018
Princeton University Junior Summer Institute, July 9, 2018
Voice of America, ``Africa 54,'' June 18, 2018
Channels TV, June 8, 2018
CNBC Africa, June 1, 2018
CNBC Africa, May 24, 2018
``Why Africa Should Matter to All of Us, Interview with
Former Presidential Advisor, Grant Harris,'' Everyday Power,
May 11, 2018
SEED Project, panelist, Hoop Forum Conference in Senegal,
May 12, 2018
Wisconsin Manufacturers & Commerce video, May 10, 2018
New York City Bar Association, remarks on a ``Strategic
Approach to Mitigating Business Risk in Africa, April 25, 2018
Initiative for Global Development's ``Africa Investment
Rising'' Roadshow Tour, fireside chat, April 24, 2018
New York University, guest lecture in graduate international
relations course, April 24, 2018
Lincoln High School Hall of Fame Induction Ceremony, April
21, 2018
American University, guest lecture, April 18, 2018
University of Wisconsin-Madison, ``Africa at Noon'' Lecture,
March 21, 2018
University of Wisconsin-Madison, ``Africanists@Work'' Panel,
March 21, 2018
University of California, Berkeley, Center for African
Studies, keynote, March 1, 2018
Chatham House, remarks on ``North Korea-Africa Relations:
Engagements and International Tensions,'' February 7, 2018
BBC World Service radio ``Newsday'' Program, February 7,
2018
Voice of America, February 22, 2018
Business Council for Africa and Invest Africa Roundtable,
February 8, 2018
Columbia Business School, guest lecture, January 30, 2018
Pacific Council on International Policy, moderator of
fireside chat, October 25, 2017
Voice of America, December 19, 2017
Lagos Business School, remarks on ``An American Perspective
on Investing in Africa: Trends, Political Risk and
Opportunities,'' December 14, 2017
Web Summit in Lisbon, Portugal, panelist, November 8, 2017
Princeton University's Business Today Executive Seminar,
November 20, 2017
The Cipher Brief, November 19, 2017
Chicago Council on Global Affairs, panelist, November 15,
2017
Global Midwest Alliance Roundtable in Chicago, Illinois, co-
sponsored by K&L Gates, November 15, 2017
Oregon World Affairs Council Event, keynote remarks Harris
Keynotes Oregon World Affairs Council Event on U.S.-Africa
Policy, November 1, 2017
U.S. Air Force Academy, 59th Academy Assembly, panelist,
October 18, 2017
Eastern Congo Initiative event moderator, September 19, 2017
University of California, Davis, Mandela Washington Fellows
program, June 28, 2016
Pacific Council on International Policy, panelist, October
5, 2017
Sunday Talk Show on ``Africa Today TV'', June 9, 2017
Atlantic Council event on release of ``Why Africa Matters to
U.S. National Security'' report, May 25, 2017
Facebook Live Interview on release of ``Why Africa Matters
to U.S. National Security'' report, May 25, 2017
Africa Finance Corporation, AFC Live Summit, panelist, May
16, 2017
Stanford Graduate School of Business hosted by Seed, the
Stanford Institute for Innovation in Developing Economies, May
22, 2017
Atlantic Council Summit in Turkey, panelist, April 26, 2017
BBC World Service radio ``Newsday'' Program, January 25,
2017
African Diplomatic Corps in Washington, DC, November 18,
2016
George Washington University, fireside chat at the Elliott
School of International Affairs, November 16, 2016
Pacific Council on International Policy, PolicyWest
Conference, panelist, October 15, 2016
Pacific Council on International Policy, panelist, September
14, 2016
American Association of Blacks in Energy (AABE) National
Conference keynote, April 21, 2016
Powering Africa Summit keynote, January 28, 2016
Powering Africa Summit, panelist, January 28, 2016
African Diaspora Investment Symposium, panelist, January 30,
2016
Global African Investment Summit, moderator and panelist,
December 1 and 2, 2015
Emerging Markets and Private Equity Association Summit,
panelist, October 28, 2015
Social Innovation Summit produced by Landmark Ventures,
panelist, November 18, 2015
International Stability Operations Association Summit,
panelist, October 29, 2015
Press Call on the Upcoming Visit of the President of
Nigeria, July 17, 2015
Presidential Summit for the Washington Fellowship for Young
African Leaders, August 5, 2015
Ambassador Andrew Young Lecture Series, March 3, 2015
Presidential Summit for the Washington Fellowship for Young
African Leaders, July 29, 2014
Africa Policy Breakfast, panelist, August 1, 2013
``Africa 54,'' Voice of America, July 26, 2013
Press Gaggle Aboard Air Force One, July 1, 2013
Conference Call Briefing on the President's Trip to Africa,
June 21, 2013
U.S. State Department Video Segment, June 20, 2013
Briefing on the Situation in the Democratic Republic of the
Congo, White House Conference Call, December 12, 2012
A Conversation on Obama Administration Sub-Saharan Africa
Policy, White House Event, July 30, 2012
Young African Leaders Innovation Summit, June 14, 2012
Preventing and Responding to Atrocities: An Interactive
Discussion, panelist, White House Event, April 23, 2012
University of Pennsylvania, guest lecture at Wharton School,
March 2011
Yale Law School, panel, February 25, 2011
18. List all digital platforms (including social media and other
digital content sites) on which you currently or have formerly operated
an account, regardless of whether or not the account was held in your
name or an alias. Include the name of an ``alias'' or ``handle'' you
have used on each of the named platforms. Indicate whether the account
is active, deleted, or dormant. Include a link to each account if
possible.
All of the following accounts are active.
LinkedIn: https://www.linkedin.com/in/gtharris/
Twitter: https://twitter.com/Grant_T_Harris
Facebook: https://www.facebook.com/grant.harris.313
19. 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.
Not Applicable.
20. 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 wish to serve in the Department of Commerce because I want to
support U.S. businesses, jobs, and economic competitiveness. If
confirmed, I would bring to this role a mix of experience in both the
public and private sectors. I have worked twice in the White House and
have experience creating and managing U.S. policy across a broad range
of issues, including initiatives to advance U.S. trade and investment.
At the same time, I have extensive experience helping American firms
expand their business and compete in global markets, as the CEO of a
consulting company that I founded, and previously as a transactional
attorney at a global law firm. I also teach on doing business in global
markets at multiple business schools.
21. 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?
The Commerce Department, like all departments and agencies,
requires strong oversight and accounting controls. I will draw on my
management experience from both the public and private sectors. At the
National Security Council at the White House, I was responsible for
U.S. policy toward Africa across the full range of security, economic,
and political issues, which included leading regional and country-
specific strategy and decision-making processes involving the
President. In that role, I created and led initiatives that required
managing dozens of departments and agencies, including, for instance,
managing preparations for a presidential summit involving approximately
50 heads of state. For the summit, I led a wide-ranging team involving
dozens of agencies and over 50 embassies to create a successful summit
with $37 billion in outcomes. At the U.S. Mission to the United
Nations, I served as Deputy Chief of Staff and Counselor as part of the
mission's management team. In the private sector, I founded and manage
my own company and have served on the board of a multilateral finance
institution that focuses on private sector infrastructure and, at the
time, had a balance sheet size of over $3 billion.
22. What do you believe to be the top three challenges facing the
department/agency, and why?
First, we need to address the economic damage caused by the global
pandemic and rebuild a stronger and more resilient economy by investing
in our people, businesses, and communities.
Second, we must advance and protect U.S. national security and
economic security, including through resilient supply chains and access
to global markets.
Third, we need to ensure that prosperity in our country is broad-
based and that all communities have resources and accessible pathways
to good jobs.
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 arrangements are described in Part 3 of my Public Financial
Disclosure Report.
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.
If confirmed, my consulting business will be inactive during my
appointment and all outstanding client fees, if any, will be fixed
before I enter government service.
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. Explain how you will
resolve each potential conflict of interest.
In connection with the nomination process, I have consulted with
Department of Commerce ethics officials and the Office of Government
Ethics to identify any potential conflict of interest. Any potential
conflict of interest will be resolved according to the terms of the
ethics agreement that I have entered into with the Commerce
Department's Alternate Designated Agency Ethics Official, which I
understand will be provided to this Committee. I am not aware of any
potential conflict of interest other than those identified in my ethics
agreement. In the event that an actual or potential conflict of
interest arises during my appointment, I will consult with the Commerce
Department's ethics officials and take the actions necessary to resolve
the conflict.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last ten 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. Explain how you will resolve
each potential conflict of interest.
Any potential conflicts of interest have been identified in my
ethics agreement, which will be provided to the Committee, and will be
resolved in accordance with the terms of that ethics agreement.
5. Identify any other potential conflicts of interest, and explain
how you will resolve each potential conflict of interest.
I am not aware of any other potential conflicts of interest that
may arise other than those identified in my ethics agreement. However,
should a conflict arise during my appointment, I will consult with the
Commerce Department's ethics officials and take the actions necessary
to resolve the conflict.
6. Describe any activity during the past ten years, including the
names of clients represented, 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.
Not applicable.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics,
professional misconduct, or retaliation by, or been the subject of a
complaint to, any court, administrative agency, the Office of Special
Counsel, professional association, disciplinary committee, or other
professional group? If yes:
a. Provide the name of agency, association, committee, or group;
b. Provide the date the citation, disciplinary action, complaint, or
personnel action was issued or initiated;
c. Describe the citation, disciplinary action, complaint, or
personnel action;
d. Provide the results of the citation, disciplinary action,
complaint, or personnel action.
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, though I once received a citation under the Maryland Traffic
Act in 1995 (at age 18) for displaying a friend's California driver's
license to a movie theater doorman, but the citation was dismissed.
3. Have you or any business or nonprofit of which you are or were
an officer ever been involved as a party in an administrative agency
proceeding, criminal 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. None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees, and that
your department/agency endeavors to timely comply with requests for
information from individual Members of Congress, including requests
from members in the minority? 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.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Wicker. Well, thank you very much. Senator Cantwell
had to take a quick phone call and she asked me to go ahead and
begin. So let me begin, Ms. Boyle, with you about the decision
to pull personnel from the ports of entry. Were you involved in
that decision, and to your knowledge, was Congress notified
about that decision?
Ms. Boyle. Thank you for that question, Senator. As the
Chief Operating Officer of the agency, I was asked to provide
operational impact assessment of moving to remote status. And I
advised the Commission on that and on potential impacts and
alternative ways of executing the agency mission.
Senator Wicker. Do you know if Congress was notified?
Ms. Boyle. I can't answer that question directly. I--that
was not from my office in terms of the interaction with
Congress. I do think that there was a delay in notification.
And I do think that it was something that, looking back, we
could have done a better job on.
Senator Wicker. Alright. Fair enough. Well, let me ask you
this, then, USA Today had an article that quoted you that in
making the decision to pull CPSC personnel from the ports, that
you, Mrs. Boyle, said, ``the agency could chase problem
products later through recalls.'' Is that an accurate quote?
Ms. Boyle. Thank you, Senator. I can't say--it was from a
meeting in March. It is an exact quote. I can't say whether
that was precise. I didn't speak to the USA Today reporter.
That was not from me directly. So that said, I will explain my
advice that I gave to the Commission on this----
Senator Wicker. I think that would be helpful.
Ms. Boyle. OK. In terms of the Commission has a variety of
tools at its disposal to address unsafe products. And I can say
to be sure, the best tool that it has available is to stop
those products from coming into the country. That said, the
CPSC actually has a very limited physical presence at the ports
so that we have 327 ports nationwide and we actually only have
a physical presence at 18 of those ports.
And so the unfortunate fact is that every day, even when we
are fully staffed, imported products do make their way into the
country and the agency has to use a variety of tools such as
Internet surveillance and recalls to address those products.
And so--and I would also note during the pandemic, during
roughly the first five to 6 months of the pandemic, 80 percent
of the large, containerized shipments that we addressed through
our seaports had dropped.
And so the issue really in a lot of ways is looking
forward, how do we address, and I think my fellow nominee
alluded to this in terms of questions about e-commerce, how do
we address those direct consumer shipments that come in?
Because large containerized shipments, which is really the
focus of the CPSC model now, it is certainly important to keep
focus on that, but I think as many in this room probably could
attest, e-commerce direct to consumer shipments skyrocketed.
And even when we were fully staffed, unfortunately, the
agency had no staff at these hubs where the products come in.
And I would also add that the agency doesn't have a technology
tool in place to target those shipments. So if I am confirmed,
one of the highest priorities I have is to expand the e-
commerce enforcement portfolio and footprint, so----
Senator Wicker. That is good to know. Thank you. Appreciate
you engaging me on that issue. And Mr. Hoehn, help us pronounce
your name.
Mr. Hoehn-Saric. It is pronounced Hoehn-Saric.
Senator Wicker. OK, well, Mr. Hoehn-Saric, do you agree
with the decision that was made to pull the CPSC personnel from
the ports? And what do you think about that?
Mr. Hoehn-Saric. Senator, thank you for the question. Not
having been at the Commission, it is hard for me to opine
exactly on the situation they are dealing with. Obviously with
COVID, so many different parts of the Government were
struggling to figure out how to deal, how to keep the employees
safe, at the same time, you know, successfully achieve their
job and fulfill the mission.
You know, I think this is something that you have looked
at, you have asked the GAO to take a look at this, and it is
well worth trying to understand both what happened, what could
have been done better, and prepare for these things going
forward. So I look forward to working with the GAO as you
started that to try to figure out what is the best way to both
protect the American public while dealing with these exigent
circumstances.
Senator Wicker. OK, well, perhaps we can--well, OK, let me
take another chance then since the Chair has not returned.
What--Ms. Boyle, what was your role in the release of the
unauthorized information? And have you read my report, and
would you like to respond to that?
Ms. Boyle. Thank you for that question, Senator. My role
was as the Executive Director to supervise the response to the
unauthorized disclosure, which was a very unfortunate and
significant human error. And once I was notified of the
release, I immediately notified the Acting Chair at the time
and directed staff to respond quickly and expansively and to
make sure the staff understood the breadth of the disclosure
that had occurred. I did read your report.
We took the recommendations very seriously and I have
directed staff to respond to those. And we have instituted
training. We have internal controls in place that are designed
to take out some of the human error possibility. I mean, there
is always going to be mistakes by human beings. But to the
extent that we can put processes in place to guard against
those, I think it is really important, so we took it very
seriously.
Senator Wicker. Was there anything in the report that you
took issue with that you recall?
Ms. Boyle. Sitting here today, no. I think it was a fair
report. I think it was--looked at what happened and assessed
that it was a mistake that needed to be corrected. And we took
that very seriously.
Senator Wicker. Thank you very much. Madam Chair.
The Chair. Thank you, Senator Wicker. And thank you for
taking the first round of questions. Very much appreciate it. I
would like to go to the issue I raised in my opening comments
about residential elevators. The committee report in 2019 urged
action, urged that the CPSC take action. And just a few weeks
ago, there was another tragedy when a small boy was killed in
an elevator in a vacation home. So to me, this is a deadly
serious problem that needs immediate attention.
There is a commonsense fix, it just hasn't been
implemented. So to ensure that this is addressed, obviously we
can do something about it. And I sent a letter to the CPSC two
weeks ago asking the Commission to focus on the risk of
residential elevators in these vacation rentals where people
may not be familiar, may just be there for a few days, may not
understand the risk.
So following the letter, the Commission urged vacation
companies, rental companies to take action to protect families
and their young children. To me, this is not an adequate
solution in response of this glaring safety problem.
We need more to take immediate action on this. So I would
like to ask each of the nominees here, will you make this a
priority? And what steps do you think we need to do to
present--to correct this known hazard?
Mr. Hoehn-Saric. Thank you, Senator, for the question. I
mean, since 1981, approximately 4,600 injuries and I believe
over 23 deaths have been associated with residential elevators.
Clearly, this is a problem. It has been a problem for a long
time. The agency has taken only limited action here, as you
have pointed out. I agree. I commit to you to, if confirmed, to
work with the staff, work with my fellow Commissioners to put
together a plan, bring that back to you and your staff about
how to best move forward to address this issue as quickly as
possible.
The Chair. Ms. Boyle.
Ms. Boyle. Thank you for the question, Senator. And I agree
completely that these tragic incidents are the type of thing
that the agency needs to address more quickly and more
comprehensively, and that we should use all of our authorities
to do so. Currently, there is administrative litigation
pending, and I think that is a good thing that the agency is
looking to use that authority.
There is mandatory rulemaking that is a potential option,
including doing a better job at communicating to consumers of
the risks. And so I think we have to use all of our
authorities. And if we don't have sufficient authorities to
work with this committee to see what else we can do to make
sure that we are able to respond more quickly when these things
happen.
The Chair. Thank you. Mr. Trumka.
Mr. Trumka Jr. Thank you, Senator. The stories of injury
and deaths caused by residential elevators, they are tragic and
as you pointed out, avoidable. I think it should absolutely be
a priority. And I am very happy to work with you to make sure
we get the best fix there.
The Chair. Thank you. Well, I think as Commissioners, I
think this is the judgment that we are asking people to make to
protect the life and safety particularly of young children,
which is a very big role for the Commission. I would like to
turn to you, Mr. Harris, for a question about supply chain. As
I mentioned, we had a supply chain hearing just a week ago with
a bunch of expert witnesses. But I would say for me, since we
have a very big supply chain in the State of Washington, about
150,000 people are part of an aerospace supply chain, these
issues are critically important. But I could make examples of
other supply chains in the energy sector.
We obviously in this committee have had a lot of discussion
about the semiconductor industry. We--you brought up the COVID-
19 and the supply chain related to those issues. So I think we
got a wide awakening during the COVID-19 about what
vulnerabilities of supply chain mean. But one of the things
that you need to do, obviously, in your position is oversee the
Department of Commerce participation in the foreign investment
in the United States CFIUS.
And one of the issues that I see is that we--well, we are
almost kind of looking at a top down, you know, Wall Street way
of being competitive in some of these big sectors, like how do
we squeeze two more, you know, two more percentages of savings
in an entire sector. Other countries and other supply chain
people are trying to implement new strategies. They are looking
for the latest and greatest technology and trying to implement
it.
So here we are being very hierarchical in the United States
and then around the globe, because they are hungry, they are
thirsty, they are basically looking for new technology. So
literally, they are trying to buy the U.S. companies that will
give them that technology. They are trying to put together what
they think will be the supply chain of the 21st century, if you
will.
So what do we do about that? What do we do about America's
competitiveness as it relates to this issue where we might wake
up 1 day and all the technology, kind of like what we just went
through with semiconductors, is pretty much offshore somewhere
else, and now we are playing catch up. So what do we do about
this?
Mr. Harris. Thank you, Senator, for the question. You
raised a host of issues that the industry and analysis team is
at the epicenter of in this whole of Government response. And
if confirmed, that would be my priority as well. I understand
that the industry and analysis team has been a lot of the
analytical rigor behind the President's executive order on
America's supply chains. And there was initial 100 day reports.
There was a task force created. Department of Commerce is
working on this across the Government with other departments
and agencies.
But if confirmed, my role in particular would be twofold,
making sure that the civil service--the civil servants in that
office are feeding into these processes, including CFIUS but
also our analysis of supply chains, and thinking about the
competitiveness of U.S. industry across the board so that those
decisionmaking processes benefit from their deep industry
expertise. And then second, I would also be charged with
engaging the industry as well to make sure that we are hearing
directly from them what is happening.
To your question, Senator, we need to take steps and we
need to take steps quickly to make our supply chains more
resilient. And the vulnerabilities are there. The attention is
there. I know that Congress is focused on this as well, and I
would be a strong partner in that regard.
The Chair. But what do you--one of the questions that we
had for the record was something Senator Rosen asked about,
because I think she is thinking both about again the energy
supply chain that exists in her State as well as the
semiconductor supply chain. But one of the things someone
suggested in response was that we should do a lot more on the
mapping and inventory side.
And when you actually do this mapping and inventory, which
if you think about it, you know, we probably didn't have the
ability to do it. But now that the information age exists and
lots of applications of the AI and everything else, you could
do it. And so you literally could see all the jobs in a
particular supply chain, where they are, why they are
important. So do you think we should be spending more dollars
on doing things like that?
Mr. Harris. Thank you, Senator. I know that the industry
and analysis team, as part of their analysis, is looking both
at vulnerabilities in specific supply chains, discussing that
with industry. But they are also, to your previous question,
thinking about what other countries are pursuing as part of
their strategies, which is a critical aspect of how we respond.
I am not aware of what dollars are being spent now per se as
part of that chain or as part of that type of analysis.
But if I were to be confirmed, I would want to study that
immediately and work with you and your staff and others to try
to make sure that we are putting all the resources in the right
places, because I share your concern that this is a top issue
and would be something that would be a focus of mine.
The Chair. You know, I didn't realize until that hearing
how important this subject was. Again, we live with a big
supply chain, so we know lots of the ins and outs. But then
when I started thinking about how much documentation of that
wouldn't really be that hard, then it gives you a very, very
clear picture of where the employment is. And once you see
where the employment is, then you have a better understanding
of what national interests are. I think the same thing is
happening right now on broadband. A lot of people are proposing
things on broadband, but they didn't even have the maps. So
they don't even know what problem they are solving for because
they didn't have the maps.
Well, once you start getting the maps, you can say, oh, our
biggest problem in the United States of America is those who
can't afford broadband. So, yes, out of the 127 million people
who don't have Internet at broadband speeds, 90 million of them
are people who can't afford it. Only 20 million of them are
people who live in areas where they don't have accessibility.
So now you have to say, oh, well, what problem are we solving
for? So I think that on supply chain, I think we need to
understand more that employment aspect of the supply chain.
Once you start understanding the numbers behind the supply
chain, I think our strategy will be clearer, and I think that
this will help us as a Nation. And then I am hoping that
Commerce Secretary Raimondo, with her experience basically on
workforce issues, can then better marry up our Nation's
strategy with workforce and supply chain demand. That way, we
stay competitive.
And again, don't wake up like we do now, 10, 15 years later
on semiconductors and say, wait a minute, it has all moved
offshore and now we have a big vulnerability. So very
interesting, growing, changing dynamic. And so we welcome you
to that challenge. I think Senator Blackburn, you are next.
STATEMENT OF HON. MARSHA BLACKBURN,
U.S. SENATOR FROM TENNESSEE
Senator Blackburn. Well, thank you, Madam Chair. And Mr.
Harris, I want to just stay with you for a second, and the
issues that we are addressing that have to do with the virtual
space. The Privacy Shield, and the Privacy Shield framework,
and the Court of Justice of the EU said that it was invalid for
transfers of personal data from the U.S. to the EU.
And the Department of Commerce says it is still
administering the program, but companies can no longer rely on
Privacy Shield to show their compliance with EU data protection
rules, and consumers are losing out on some of these key
protections. So we know that this is important on a lot of
different fronts, and we know this comes under your purview and
jurisdiction.
And I would like to hear from you how you plan to continue
to work with our EU counterparts and how you plan to get
Privacy Shield reinstated and up and running?
Mr. Harris. Senator, thank you for that question. My
understanding is that the negotiations are ongoing right now.
But I want to make very clear, I understand the importance of
this issue. I know that thousands of U.S. companies, small and
large, were dependent on this framework, well over 5,300
companies. And my understanding is that about 70 percent of
them were SMEs as well.
So I don't know the exact status of these negotiations. But
if confirmed, this would be a priority to dive in and do
anything that I can to help finalize and facilitate a
resolution.
Senator Blackburn. I appreciate that. And just as Chairman
Cantwell was talking with you about the supply chain and the
importance of that and the importance to our Nation's economy
that we be the one setting the standards, and that we become
less reliant on China, not more reliant on China, that we move
manufacturing out of China into us and our allies. These are
components that are going to be incredibly important to us as
we continue to move forward and look at these issues.
Mr. Hoehn-Saric, let me ask you about CPSC's report from
May where they are looking at AI and machine learning, and
created a framework to evaluate the safety of these
technologies in consumer products. And using AI and ML, of
course, whether it is tracking products, whether it is
identification, there is so much we can do to take out human
error and to expedite and to facilitate.
So I would like to hear from you, what is your focus going
to be when it comes to making these technological changes and
the utilization of these technologies a priority at CPSC?
Mr. Hoehn-Saric. Senator, thank you for the question. I did
read the report from May. I think that it is important both in
terms of understanding how AI and machine learning will be
utilized in consumer products and what that means for consumer
safety. I think also what you are talking about as well, which
is to what extent can the agency itself use such technologies
to be able to prove and make itself more efficient.
I think we are in the early stages of this at this point in
time. And the chief technology officer of the agency has an AI
background. I think that is a good start. But if confirmed, I
would want to make sure that we have the resources in place,
the expertise that we are dealing----
Senator Blackburn. So, let me ask you this. Do you have the
technical expertise, and do you have the foundational resources
that you need to make this transition?
Mr. Hoehn-Saric. Thank you. At the agency itself, I think
it is good that the CTO has the background. I would want to be
able to get to the agency, have a better understanding of what
their resources are, and be able to get back to you to answer
that exact question. I know that they have started, but I think
this is early stages for them and they could use more expertise
from what I have understood so far.
Senator Blackburn. OK. Ms. Boyle, I saw you nodding so I
think you want to weigh in on this, so go ahead.
Ms. Boyle. Thank you, Senator, for that. I agree, it is a
developing area at the agency, and I think we made a good
start, but I think we certainly can use increased resources and
expertise. We have had with the chief technology officer is a
new position at the agency. And I do think that is a good
start. The agency held a roundtable for stakeholders earlier
this year to get information, but it is something that I do
think requires additional focus and it is a developing area.
And I welcome your interest and support on that.
Senator Blackburn. Yes, well, we will be following that.
And then also how you use blockchain. Watching also for
permanent markings on children's toys, utilization of
blockchain technology in that application also. Well,
congratulations to each of you. The work that you do is
important to all American citizens. But I think it is
especially important to those of us who are mammas and
grandmamas and are watching the safety of the supply chain,
whether it is a children's toy or whether it is a cross border
data transfer. Thank you very much. Thank you, Madam Chair.
The Chair. Thank you, Senator Blackburn. Ms. Boyle, I
wanted to ask in March 2020, the CPSC suspended in person port
inspections due to concerns about COVID-19. And we surely have
had a lot of port issues for sure with not having vaccinations
for a workforce that were really critical, essential workers.
This decision has been met with criticism. Can you explain the
reason behind the CPSC's decision to suspend in-person
inspections? And is it consistent with our goal of modernizing
in the marketplace?
Ms. Boyle. Thank you for that question, Senator. I know the
Commissioners were grappling with very difficult issues when
they were considering balancing protecting CPSC staff with
continuing to execute the mission. My role as the Chief
Operating Officer was to advise on options for the Commission
to consider. And the Commission does have a variety of tools at
its disposal to address unsafe products. And to be sure,
stopping products at the port is the best outcome.
That said, the CPSC has a very limited physical presence at
our ports. There are 327 ports nationwide and the agency only
has a physical presence at 18 of those ports. So the
unfortunate fact is that even when fully staffed every day,
unsafe products do enter the country and the agency has to use
a variety of tools to address those products. I would also note
that the current import model that the agency uses now is
focused on large, containerized shipments that come through the
seaports.
And during this period that you are referring to, those
shipments had declined by about 80 percent, while at the same
time there was a huge increase in e-commerce direct to consumer
shipments. And unfortunately, that exposed something that the
agency really needs to address, and that is those e-commerce
shipments, because even when fully staffed, we did not have
personnel at the hubs where those products are coming in, nor
do we have--did the agency have a technology in place to target
for those shipments.
So if I am confirmed, it is going to--it would be one of my
highest priorities to expand the e-commerce enforcement
portfolio.
The Chair. Thank you. Thank you. Senator Thune.
STATEMENT OF HON. JOHN THUNE,
U.S. SENATOR FROM SOUTH DAKOTA
Senator Thune. Thank you, Madam Chair. Mr. Harris, small
businesses play an important role in providing the Government
with information technology such as hardware, software, and
other critical technology. Do you support efforts to more
appropriately classify IT resellers to ensure smaller entities
are able to partner and enter into contracts with the Federal
Government?
Mr. Harris. Thank you, Senator, for that question. This is
an issue where conceptually I completely understand the
importance, as you have said. And if I were confirmed, I would
want to figure out what I can do and what the industry and
analysis team can do to be supportive. With your particular
question, I am not privy to the ins and outs of what this
Administration is considering to bolster these measures.
I know the President, the White House, and the Department
of Commerce as well are thinking about how to support small
companies in this regard. So I would want to take that, and if
confirmed, get smarter on it and see where I can be of help and
understand as well, more specifically from you and from your
staff, how I can be of use.
Senator Thune. Thank you. Yes, there are a lot of small
businesses out there that are doing great work and it would
be--anything we can do to give them better access to and to be
able to use the services they provide, the skill that they can
bring to the table to partner with the Federal Government on
some of these important issues, I think would be very
important. Ms. Boyle, the CPSC's--I should say, the CPSC's
Office of Import Surveillance is responsible for monitoring
consumer products entering the United States through ports.
And during the pandemic, the CPSC allowed port inspectors
to work remotely, which has led to more hazardous goods and
products reaching our market. As Executive Director of the
CPSC, what was your role in the decision allowing port
inspectors to work remotely? And did you support that decision?
Ms. Boyle. Thank you for that question, Senator. As
Executive Director, my role was to advise the Commissioners on
the operational impact of going to remote status and various
options available to the Commission. And I would say that it
was a very difficult decision that the Commissioners were
confronted with in terms of balancing, protecting CPSC staff,
and it continuing to execute its mission.
And among lots of bad choices, no good choices, I did
support their decision to do so, given that we had other tools
that the agency routinely does employ to address unsafe
products.
Senator Thune. What is the status going forward?
Ms. Boyle. Currently, we are fully staffed at the ports.
And going forward, it is--the lesson for me in their pandemic
is not only the need to continue to bolster staff at the
traditional seaports where we focus on large, containerized
shipments, but it is really to expand our enforcement portfolio
in the e-commerce direct consumer area because that was--
skyrocketed during the pandemic. And even when fully staffed,
we had no staff at the hubs where those shipments were coming
in and we did not have any technology in place to target for
those shipments.
So going forward, I think that it is certainly important to
continue our focus on the seaports and containerized shipments
that has been the traditional model, but that we need to expand
the portfolio in e-commerce.
Senator Thune. OK. I will direct this to Mr. Hall and
Saric, Ms. Boyle and Mr. Trumka, in 2014, the CPSC proposed
rulemaking implementing safety standards for recreational off
highway vehicles or ROVs. Since that time, that particular
rulemaking has been the subject of much debate, and no further
action has been taken by the CPSC to finalize rules. If
confirmed, do you believe the CPSC should terminate that
particular rulemaking?
Mr. Hoehn-Saric. Senator, thank you for that question. The
rulemaking, the role of rulemaking with respect to ROVs has
been, as you said, at the Commission for some time. There is an
appropriations on it right now with respect to use of funds
going forward to finalize that. That is not allowed until the
National Academies of Science study is done.
I think as a general rule, I think the agency should follow
the science, understand where the greatest risks are and the
hazards are, to be able to follow through. There have been a
high number of deaths and injuries associated with ROVs. I
would like to understand it better and be able to look at it
from that perspective going forward. But obviously we will work
consistent with the law and we will follow through with as the
Congress feels fit.
Ms. Boyle. Thank you for the question, Senator. I am sure
you are well aware that the staff put forward a termination
package to the Commission last year and there wasn't agreement
on the Commission to approve that. Staff has worked with
voluntary standards organizations on the technical analysis for
rollover instability and put forward that package. My
understanding is one of the issues that remained a question for
some of the Commissioners was whether there was a two prong,
whether the standards are adequate and whether there is
substantial compliance.
The issue of substantial compliance was a question that I
think some of the Commissioners felt needed to be answered. I
would be certainly open to looking at those issues now that
some time has passed to look at whether the standards that
staff put forward as adequate also are substantially complied
with. So I considered something that I would be open to looking
at.
Senator Thune. Mr. Trumka.
Mr. Trumka Jr. Thank you, Senator. I think I have got
concerns about any rule that has been pending for 7 years. That
doesn't provide the certainty that regulated entities need or
that consumers need. I also am aware of the December omnibus
bill language saying that no funds can be used for this unless
other studies are done by the National Academies and other
agencies. So with that clear Congressional statement in mind, I
would like to talk to staff and understand the need for the
rule and the viability of it.
Senator Thune. Madam Chair, my time has expired, I believe.
Yes, thank you.
The Chair. Thank you, Senator. Thank you so much. You know,
continuing on this about the rulemaking authority and the
length of time, Mr. Hoehn-Saric, would you support legislation
that would give the CPSC rulemaking authority under the
Administrative Procedures Act?
Mr. Hoehn-Saric. Thank you for the question, Senator. I
believe the APA rulemaking authority is one that has been used
by many agencies. It is fair, it is fast. It is one that both
provides opportunity for comment. So, yes, I think APA
rulemaking authority is one that has been used by most of the
Government. I think that is a fair thing.
The Chair. Ms. Boyle, do you have a comment on that?
Ms. Boyle. I agree with Mr. Hoehn-Saric on that. I think it
is a streamlined way for the agency to operate and has a
history through Section 104 rulemaking for durable infant
products that the agency uses, a similar streamlined approach
and it has been a successful one.
The Chair. OK. Mr. Trumka.
Mr. Trumka Jr. Thank you, Senator. I agree with my fellow
nominees.
The Chair. Thank you. Yes, go ahead. Senator Thune.
Senator Thune. So going back to this issue of rule changes,
and I would direct this to the three of you again, but there
has been--CPSC has considered rule changes to amend the
regulations affecting fireworks, but the Commission is yet to
issue a final rule. If confirmed, do you support the Commission
taking action on the proposed rule changes?
Mr. Hoehn-Saric. Thank you for that question, Senator. As
my colleague noted, lack of certainty is not good for anybody
in both the consumer side or for industry. So to the extent
that it is pending and if confirmed, I will go in, understand
the situation quickly. But I think moving forward with
rulemakings makes sense to be able to provide that certainty
for consumers and for the industry.
Ms. Boyle. Thank you, Senator. On this issue, the agency
has been grappling with it for some time. There is a wide range
of feedback that we have gotten from stakeholders, much of it
conflicting. And I think that is part of the reason why we
haven't been able to move forward. I would commit to seeing if
we could revisit those issues and forge a consensus opinion so
that we could advance, I think what would be helpful,
clarifying additions to the rule.
Mr. Trumka Jr. Thank you, Senator. I think fireworks safety
should continue to be a priority for the agency and I look
forward to learning more about that specific proposed rule.
The Chair. Thank you, Senator Thune. Senator Klobuchar.
STATEMENT OF HON. AMY KLOBUCHAR,
U.S. SENATOR FROM MINNESOTA
Senator Klobuchar. Thank you very much, Madam Chair. I
think I will start with something that we have worked hard on
over the years, and that is pool safety. This is something that
we got done back in 2007 to direct the CPSC to launch pool
safety campaign. We actually changed the law so that the drains
would have to be changed out. And as a result, a former chair
came and spoke here and talked about how there had been no kids
that died over about a five, 8 year period, which was
incredible.
So I guess I would start with you, Mr. Hoehn-Saric, will
you continue that, and can you--do you know what the latest
data is about if kids have died? And if you don't, could you
get it for me?
Mr. Hoehn-Saric. Senator, thank you for the question. Yes,
I would commit to, if confirmed, focusing on a pool safety--
continue on pool safety. Not sure the latest data. I know the
CDC put out data recently showing that, you know, high,
especially for children under five, the rates of drowning--
excuse me--are high, especially in certain communities of
color.
And Native Americans suffer unintentional drowning rates at
twice the rate of white population does. African-Americans
about 1.5 times that amount. So if confirmed, I would both
prioritize pool safety but also I would like to understand how
it is affecting different vulnerable communities and be able to
see how best to reach out to them.
Senator Klobuchar. OK, thank you. Mr. Trumka, I enjoyed our
talk yesterday. Thank you. In your testimony, you note that you
have conducted a number of investigations on the House
Oversight committee on Economic and Consumer Policy. And I know
that one of the things that we have worked on is the baby food
issue over there. Do you want to talk a little bit about that
and the report that you worked on and what you think needs to
be done?
Mr. Trumka Jr. Thank you, Senator. And I also appreciated
our talk yesterday. And I want to thank you for your leadership
on baby foods. I think your support in introducing the Baby
Food Safety Act in the Senate was critical in getting the FDA
to act. The report found that there were very high levels of
toxic heavy metals like arsenic, cadmium, lead, and mercury in
baby foods. And the companies have known about this for some
time.
And there was really not a whole lot being done. There were
no standards at FDA and so left to self-regulation, there was a
lot of problems on the market, and it was leading to infant
neurological development problems. And at the same time, the
testing mechanisms that the companies were employing were
really inadequate. And we continue to see that. Instead of
testing their finished products, they are testing the
ingredients, which has been undercounting, even internally
undercounting the amount of metals in their products.
And so I think it is very important for FDA to act. They
have created the Closer to Zero program. As you know, you were
instrumental in making that happen. And they are going to be
reducing the levels of these metals over time. I think they
need to speed up their timelines a good bit. They have given
themselves a pretty long horizon. And I think they need a
mandate ingredient testing now.
Senator Klobuchar. OK, very good. Thank you. I think you
mentioned this, Ms. Boyle, the e-commerce enforcement earlier.
And earlier this month, the CPSC filed suit against Amazon to
recall hazardous products sold on amazon.com, including 24,000
defective carbon monoxide detectors. I have worked on the
carbon monoxide issue over the years.
We have had a number of children, others die, and nearly
400,000 hairdryers sold without the required devices that
protect against electrocution. In 2020, online sales
represented more than 21 percent of total retail sales for the
year, up 44 percent from 2019. And do you think the CPSC is
ready to handle this?
Ms. Boyle. Thank you for that question, Senator. I---
obviously there is litigation pending, so I don't want to speak
specifically to that. And I do think the agency needs to use
all of its authorities to address the issues that arise from e-
commerce platforms, not just the one that you mentioned. And I
am hopeful that we will be able to use those authorities
effectively. But I look forward to working with this committee
to the extent that we need additional authorities to do so, to
do our job effectively.
Senator Klobuchar. Yes, because my experience taking on
these platforms is not easy and it is hard to find allies. So
please let me know. Last question for you and last question I
will ask, following the increase in reports that pediatricians
and emergency room doctors had seen an increase in patients
seeking treatment for home injuries, we introduced the COVID-19
Home Safety Act to require the CPSC to launch a study on
injuries and deaths caused by consumer products.
And I know that you worked on a report back in March, I
think, that found that hospital emergency room treatment for
some product related injuries rose during the pandemic. Could
you talk about how that would be helpful for us going forward
and into the future?
Ms. Boyle. Thank you for that question, Senator. Yes, the--
we did a study because as everybody was at home, the incidents
had shifted. So it used to be many sports related injuries,
particularly during the school year, and those plummeted. At
the same time, there were injuries related to bicycle helmets
and bicycles and home injuries.
And so being able to pinpoint through our data what the
trends in injuries are is significant to what we do. And so to
the extent that we can improve our data analytics abilities,
that is something that I would continue to prioritize, because
being able to look at the data and find out what is happening
is crucial to what we do.
Senator Klobuchar. OK, thank you. I will ask you a question
later on the record, Mr. Harris, about the National Travel and
Tourism Office. Senator Blunt and I lead the Brand USA bill and
I am obviously concerned about what is going on in
international travel, what is happening with the Canadian
border. They have opened the border.
And you can--if you are you if you are a Canadian citizen
now, you can fly from Canada to the U.S., I guess, without a
proof of vaccination. But you can't drive to Duluth, and you
can't drive from Thunder Bay to Grand Marais. And it is a
pretty crazy situation for people that can't afford a plane
ticket. So look forward to talking with you about the
Administration's position on that. Thank you.
The Chair. Thank you, Senator Klobuchar. And again, thank
you for your work on the pool safety issue. That is such an
important issue so really appreciate it.
Senator Klobuchar. Thank you.
The Chair. Thank you. Senator Markey.
STATEMENT OF HON. EDWARD MARKEY,
U.S. SENATOR FROM MASSACHUSETTS
Senator Markey. Thank you, Madam Chair. In November of last
year, Senator Blumenthal and I released a report from the GAO
that is a blistering scalding indictment of the CPSC in failing
to protect American consumers. According to GAO, the CPSC is
slow to respond to new cases and does not follow its own
written policies for prioritizing high risk and dangerous
products.
GAO also found that under the Trump Administration, CPSC
almost exclusively used voluntary corrective actions instead of
mandatory recalls. And more than half of the companies that
signed these voluntary action plans do not consistently meet
their requirements. The report additionally found that CPSC has
taken few enforcement actions against offending companies and
that the number of civil penalties issued in the last 2 years
was the lowest in a decade.
To simplify, CPSC has been turning a blind eye to many bad
actors putting consumers at risk. Americans take for granted
that products they use from baby strollers to bicycle helmets
to smoke detectors to consumer product after consumer product
are safe. But this important GAO investigation calls those
beliefs into question, which should alarm every one of us with
those sitting at that table the most.
This report makes clear that CPSC needs new leadership who
will end this era of corporate deference and take seriously the
agency's mission to keep all of us safe. So, Mr. Hoehn-Saric,
do you agree with the GAO's assessment, and do you pledge here
to implement the GAO's recommendations?
Mr. Hoehn-Saric. Senator, thank you for the question. I
agree with you that we need to put consumers first. That should
be the mission of the agency. I think the GAO pointed out a
number of problems that need to be fixed over at the agency and
clear metrics, holding companies accountable for what they have
said that they should do and what they should do to make
consumers whole is going to be extremely important and safe.
Senator Markey. Do you agree that we have to move from
voluntary to mandatory if we want to see these companies
actually implement the recommendations, which the CPSC is
making?
Mr. Hoehn-Saric. Sorry, is it the voluntary recalls or
voluntary standards? I am sorry.
Senator Markey. The voluntary corrective actions that the
CPSC has called for in the last several years has not worked.
And the GAO has documented that that is the case. How do we, do
you commit to moving it to mandatory corrective action?
Mr. Hoehn-Saric. Thanks for your question, Senator. I mean,
I think in the end, it is really, are the consumers being made
whole by the recalls? And if the companies are willing to do
that voluntarily, great. If they are not willing only to do it
voluntarily, then we should move to mandatory. So I think it
is--the target is going to be the consumer and making sure the
consumers are served.
Senator Markey. Well, the GAO is saying that the consumer
is not being served by this.
Mr. Hoehn-Saric. And then that is--they have done wrong.
Senator Markey. OK, and so do you agree that there is a
pattern of noncompliance with the voluntary corrective actions
that the CPSC has ordered? Do you agree with that?
Mr. Hoehn-Saric. From what I have read that the GAO report,
that that seems absolutely right. Yes, sir.
Senator Markey. Well, I think I am not eliciting from you
the kind of the commitment to make these mandatory, which is
what I want to hear. And so that is a little bit disquieting to
me. Let me go to you, Ms. Boyle. Do you pledge here to
implement the GAO's recommendations?
Ms. Boyle. Thank you for that question, Senator. I do see
the value of the voluntary corrective action when it works,
because there is some benefit to getting a remedy to consumers
quickly. But I do agree that there has been a pattern of
voluntary agreements that do not favor consumers. And I do
support moving to mandatory action when that doesn't happen.
And that means litigation. And I do support going toward
litigation.
Senator Markey. I think that is important to hear. Mr.
Trumka.
Mr. Trumka Jr. Senator, your question was, do I support
implementing the GAO's recommendations and the answer is yes, I
do.
Senator Markey. Excellent. Thank you. And let me then move
on to ensure that the CPSC is acting in a way that is
consistent with the environmental justice movement that is out
there in ensuring that those products, toxic chemicals,
dangerous products, that the CPSC's work becomes more important
in the fight for environmental justice and equity. Will each of
you commit to working to advance environmental justice
appropriately, weigh health impacts, and promote consumer
safety in overburdening communities? Mr. Hoehn-Saric.
Mr. Hoehn-Saric. Yes, Senator.
Senator Markey. Thank you.
Ms. Boyle. Yes, Senator.
Mr. Trumka Jr. Absolutely, Senator.
Senator Markey. Thank you. I appreciate it. So and I thank
you, Madam Chair. And I look forward to the new CPSC and the
new era where the GAO reports come back with glowing praise for
the role that the CPSC is playing in our country's health and
safety history. So we thank you all and we thank you all for
your willingness to serve as well. Thank you.
The Chair. Thank you, Senator Markey. Senator Rosen.
STATEMENT OF HON. JACKY ROSEN,
U.S. SENATOR FROM NEVADA
Senator Rosen. Thank you, Chair Cantwell, Ranking Member
Wicker, for holding this hearing. And to all the nominees here
today for your willingness to serve, we really appreciate you.
I would like to talk with you, Mr. Harris. As we discussed
earlier when we met this week, Nevada's economy, like so many
other states, of course, relies heavily on travel and tourism.
In 2019, Las Vegas's Harry Reid International Airport saw over
50 million passengers, generated nearly $35 billion in economic
output, supporting approximately 250,000 jobs, and was
responsible for about 18 percent of the area's gross domestic
product.
So if confirmed as Assistant Secretary for Industry and
Analysis, you would be responsible for overseeing the National
Travel and Tourism Office, NTTO, works to enhance the
international travel competitiveness of the U.S. travel and
tourism industry, increase our exports, thereby creating U.S.
employment and economic growth, as Senator Klobuchar just was
stating from her state right on the Canadian border.
So amidst a global pandemic that has decimated travel,
tourism, leisure, and hospitality, this office, the work that
it does is just more important than ever. So as Chair of the
Committees, of this committee's Subcommittee of Tourism, Trade
and Export Promotion, which has jurisdiction over NTTO, I would
like to ask how, if confirmed, you will help--plan to help our
travel and tourism industry recover and continue to grow
through this challenging times?
Mr. Harris. Thank you, Senator, for the question. And I
appreciated the ability to have a conversation with you about
that ahead of this as well. And I appreciate the hearings that
you have held as Chair of the Subcommittee in particular. And I
have heard you speak impassioned about this issue, noting as
well that hospitality is 25 percent of the GDP of your state.
But as you were speaking on a national level, too, I understand
fully how important this is to so many communities and so many
businesses, as well as to U.S. exports. It comprises 9 percent
of U.S. exports, at least according to 2019 numbers.
So this is an industry that is in need of support. We need
to help rebuild. We need to help grow. And if I were honored to
be confirmed, I would be working with the industry, including
through the Travel and Tourism Advisory Board and ensuring that
their recommendations and advice are going to the Secretary and
supporting the Secretary's ongoing efforts in this regard.
I would be working with you and Congress, and I would be
working also, of course, internally within the executive
branch, supporting the Secretary's role in the Tourism Policy
Council and setting policies that can support this sector and
help grow jobs and rebuild.
Senator Rosen. Thank you, I look forward to doing that with
you because tourism is vital to every single state in our
Nation and of course, globally. I would like to move on to
something else we spoke about, which was a solar manufacturing
and specifically the domestic solar manufacturing. Again, in
Nevada, our solar industry employs about 7,000 workers. It is
actually the most solar jobs per capita in the entire country.
So if we are going to address the climate crisis and
continue to create good paying jobs in the renewable energy
sector, we have to have a Federal policy that promotes the
affordable deployment of solar projects. Unfortunately, under
the previous Administration, they imposed costly Section 201
tariffs on imported solar panels and cells, and these misguided
tariffs have cost us an estimated 62,000 jobs across the United
States. And they have not led to an increase in domestic solar
manufacturing, which now represents less than 10 percent of all
solar jobs.
The United States has currently no meaningful production
capacity for wafers, cells, solar glass, machine tools or any
other of the system components. And so as we reexamine these
trade policies, we have to invest in our domestic solar
manufacturing, reduce our reliance on imports, and especially
from countries and regions that rely on forced labor.
So can you tell us quickly and I will take the response off
the record, how you plan to use your position to help our
country increase domestic renewable energy manufacturing
capacity?
Mr. Harris. Thank you, Senator, for that question. If
confirmed, I would work with the industry and analysis team to
ensure that the rigorous analysis that this team produces,
based on its understanding of the industry, underpins
decisionmaking throughout the Government, whether that is
looking at trade policy or whether that is thinking about how
we can strengthen the supply chain and its resilience more
broadly.
I understand and I hear from you loud and clear how
important this industry is, and it is something that I would
want to be thinking about from day one to try to understand how
I can work with the industry and analysis team and engage with
industry and hear more directly from them to see how can I be
supportive of these policies.
Senator Rosen. Thank you. I say that my time has just about
expired. I look forward to collaborating with all the nominees
here today on future good work. Thank you.
The Chair. Thank you, Senator Rosen. Senator Blumenthal.
STATEMENT OF HON. RICHARD BLUMENTHAL,
U.S. SENATOR FROM CONNECTICUT
Senator Blumenthal. Thank you, Madam Chair. Welcome to all
of you and thank you very much for your willingness to serve.
As the Chair of the Subcommittee on Consumer Protection and as
a former attorney general who was involved in consumer
protection, I feel particularly strongly about the work that
the nominees for the CPSC will do, and I look forward to
working closely with you. In one area in particular, I think
there needs to be greater focus, and in fact, more resources
devoted, which is on us in the Congress, as well as on you to
provide you with the resources is our job.
But in Fiscal Year 2019, the CPSC coordinated 259 voluntary
recalls, impacting more than 20 million products and likely
many more than 20 million families. While many of these recalls
have gone smoothly, some, including many impacting goods that
Americans have come to know and trust, encountered very
important challenges. Those challenges, often, are measured in
their consequences, not just in dollars and cents, but also in
injuries and sometimes regrettably and tragically in death.
Communication may have been muddled in some of those recalls.
Timing has been slowed to follow up on behalf of industry where
the Commission may have been limited.
So I strongly believe that more resources and support for
this agency are not only warranted, but necessary. The recall
process must be strengthened to protect the American people.
Everybody thinks about a recall is something that happens when
a product is defective, but often the recall is the exception,
an effective recall is the exception rather than the rule.
So let me ask all of you, Mr. Hoehn-Saric, Ms. Boyle, and
Mr. Trumka, what else and what do you think should be done to
ensure the more effective use of recalls by the CPSC?
Mr. Hoehn-Saric. Senator, thank you for the question. I
think it is multifold. And as you said, there are many recalls
and many of them aren't that effective. First, I think the role
of the CPSC is both in identifying defective products and be
able to go out there and, you know, both do its own research
work for the industry to try and figure out which products are
defective and then move forward, as you said, with recalls. I
think that there are many recalls that could be made more
effective if there is a better registry in time to purchase.
I think direct consumer contact is a thing that has been
the most effective. As we are moving to an online world, you
have e-commerce platforms that have direct relationships with
the consumers. You know exactly what they bought. I mean, this
is an opportunity as well to be able to reach out to them. I
know when I go online, lots of things are popped up for me to
look at.
And recalls could be one of them, especially if I know that
I bought something with them. So I look forward to working with
you and your staff about how to make the agency better at this
and following through and making sure the companies are doing
what they are supposed to do as well.
Senator Blumenthal. Thank you. Ms. Boyle.
Ms. Boyle. Thank you for that question, Senator. And just
to follow up on what Mr. Hoehn-Saric said, I do think we do
have to hold companies' feet to the fire in terms of making
sure that the recalls that we are entering into offer remedies
that are effective and that consumers will want to take
advantage of.
I also think we need to enhance our abilities to
communicate and also make sure that the firms are using all of
their tools to communicate in this online world, to be able to,
just as a matter of course, have social media contact with the
consumers and the firms is something that we, I think, have to
ensure happens.
As you noted, most of our recalls are voluntary, given the
nature of our statutes. And that is something that we can think
about, making sure that if that isn't effective, to go to
alternative ways to get recalls. So I think to hold companies'
feet to fire, or their feet to the fire to make sure that they
are offering effective remedies that consumers will take
advantage of.
Senator Blumenthal. I agree that we should think about
alternatives to voluntary recalls. Mr. Trumka.
Mr. Trumka Jr. Thank you, Senator. I think it starts with a
clear message. I would like to learn best practices from some
other agencies. I know CDC, for example, does extensive focus
grouping to make sure not just that its message is good, but
how it is received is effective, which is really important. I
would also like to do a deep dive on past recalls that the
agency has done to see best practices, what has worked and what
hasn't, and go forward with what has worked. And then design
recalls to incentivize participation. They have to make the
consumer whole.
Senator Blumenthal. Thank you. Thank you, Madam Chair.
The Chair. Thank you, Senator Blumenthal. Senator Peters.
STATEMENT OF HON. GARY PETERS,
U.S. SENATOR FROM MICHIGAN
Senator Peters. Thank you, Madam Chair. And it is good to
be with all of the nominees here today and thank you for your
willingness to serve our country in this capacity. My first
question is for Mr. Harris. Mr. Harris, I know that the mission
of the industry and analysis within the Commerce Department is
basically to produce some of the world's most in-depth, high
quality trade analysis while also creating innovative and trade
and investment strategies to unlock opportunities for U.S.
businesses. But I will say one of the biggest challenges facing
smaller manufacturers and industries is that clearly
international trade rules are very complex. And if you have any
issues with those trade rules or are the subject of unfair
foreign competition, it can be very expensive and very
difficult to push back.
And I speak from experience in working with the cherry
industry in Michigan. We lead the country in tart cherry
production, but that industry has been impacted significantly
in a very negative way by the dumping of Turkish cherries.
There have been a number of cases related to that, but
basically we are expecting cherry growers who are experiencing
clearly, in my mind, the dumping and the highly subsidized
products from Turkey.
That is threatening the industry, and yet we are expecting
these growers, who don't have a lot of money and are facing an
uncertain future to come up with millions of dollars for a
trade case, which makes it extremely difficult for them, and
they have to compete against a State actor. That is why I
partnered with Senator Burr and introduced bipartisan
legislation to create a team dedicated to monitoring trade
flows and producing self-initiation recommendations to help
reduce the burden to these industries where smaller industries
can actually go and self-initiate trade cases.
So my question for you, Mr. Harris, if confirmed, will you
work with me to advance this type of self-initiation
legislation to make sure our small industries can stand up
against unfair foreign competition and not have the rug pulled
out from underneath them like we are seeing with the cherry
industry in Northern Michigan?
Mr. Harris. Thank you, Senator, for that question. I
understand exactly why this issue is so important, and I would
want to take steps to make sure that the analysis undergirding
trade policy decisions is as strong as possible, and also
explore avenues for small businesses to better take advantage
of U.S. Government support. I am not familiar with the details
of this particular legislation, but I would want to study it
and I would want to be a partner in figuring out the best
solutions. And I would also want to do so closely with
colleagues within the Department, if I am confirmed.
As you know, Senator, the Enforcement and Compliance unit,
the sister unit to Industry and Analysis, is in charge of AD/
CVD issues. And I would want to make sure that if I were
confirmed, the Industry and Analysis team were supporting these
discussions and thinking about all tools that we can bring to
bear.
Senator Peters. Well, I appreciate that. And the other
issue that we are dealing with in Michigan as well as around
the country is a shortage of semiconductors that are critical
for the auto industry, but really manufacturing in general. And
clearly, we are over dependent on foreign manufacturers for the
semiconductors and now it is creating a significant economic
problem for many manufacturers throughout the Midwest and in
Michigan in particular. And it is clear we need to be onshoring
a lot of this production, particularly of some of these legacy
chips, the older chips.
And that is why I worked with Senator Stabenow to include
resources in the recent Innovation and Competition Act to
hopefully incentivize the production of this critical component
in our automobiles and other manufactured components in this
country.
But I want to get your sense, Mr. Harris, as to how your
work could help us bring more visibility to the supply chains
that are clearly are not working the way they should and are
putting American industry at risk. What could you bring to the
table to help us deal with this very significant problem?
Mr. Harris. Thank you, Senator, for that question. And you
are right to note the crisis in semiconductor chip, supply
chains right now. And I know that Secretary Raimondo and others
throughout the Government--of course, this is a whole of
Government effort. But to your point specifically, I am aware
that the U.S. is producing right now only about 12 percent of
semiconductor chips and that that does not include any of the
cutting edge chips. And that, to your point as well, that some
factories have slowed down because of access, the lack of
access to legacy chips right now. If I were confirmed, sir, I
would want to do all that I can to support the analysis of
where the supply chains are breaking down.
I would want to support Secretary Raimondo's efforts to
reach out to industry and to try to increase transparency and
have conversations, which is one, in the shorter term, one of
the steps that we can be taking. And of course, the Industry
and Analysis team is playing a really important role in putting
forward the data and the information and the analytical
perspective that is supporting the President's executive order
on America's supply chains and supporting the task force as
well. So this would be a priority for me.
If I were confirmed, I would be bringing my background both
from national security roles in understanding how critical this
is to U.S. standing and geopolitical issues, but also my
background in the private sector and understanding how
important this is for companies to have access to these vital
components, how important they are to our economy. And finally,
Senator, I would say that semiconductor chips is a crisis right
now. I would also want to be working with the Industry and
Analysis team to try to think through what additional issues
like this may become present over time that we can try to
prevent or be more proactive about.
Senator Peters. Right. Thank you, Mr. Harris. Thank you,
Madam Chair.
The Chair. Thank you, Senator Peters, and thank you for
asking about cherries, something we share in common.
Senator Hickenlooper.
STATEMENT OF HON. JOHN HICKENLOOPER,
U.S. SENATOR FROM COLORADO
Senator Hickenlooper. Thank you, Madam Chair. And I want to
recognize and appreciate all the panelists today. It is a wide
ranging, but I think important discussion. First, Ms. Boyle, in
June, the CPSC announced the recall of 120,000 infant rocker
products that were sold between 2014 and 2020. The recall came
after reports of infants who had been placed on their backs,
unrestrained in the products, were later found face down on
their stomachs.
One tragic death of a Coloradan who--a young Coloradan who
was only 11 weeks old. I guess, Ms. Boyle, as Executive
Director of the CPSC, in hindsight, what could the agency have
done differently to prevent this product from remaining on the
market for so long?
Ms. Boyle. Thank you for that question, Senator. And I can
say when one child dies, we should be thinking about what we
could have done to prevent that death and what we could do to
prevent other deaths. And I think it is fair to say in the case
that you are talking about with multiple deaths, it is clear
that the agency could have done better and could have moved
more quickly.
And so in that sense, I acknowledge that that is an area
where if we are not getting success in negotiating with a firm
to get to a voluntary action, we have to be willing to use our
authorities to act more quickly. And so it is just a tragedy
when we are talking about infants in particular. I do think,
though, it led to the agency taking action for other similar
products in terms of recalls.
And I also believe it highlighted the need for the agency
to look prospectively at all infant sleep products, which led,
I think in part to the adoption by the Commission of the Infant
Sleep rule.
Senator Hickenlooper. Well, that is the right answer, to be
able to demonstrate that response I think is important and I
appreciate that. Now, in terms of--back to supply chains,
mobile networks require many components such as semiconductors,
antennas, routers, hardware, software, on and on. Within USICA,
I worked with Ranking Member Wicker on the Telecommunications
Supply Chain Diversity Promotion Act, which is included to--in
the ultimate USICA in order to establish a test bed at NTIA to
evaluate various interoperable network architectures, increase
vendor diversity within our telecommunications supply chains.
Mr. Harris, if confirmed to be the Assistant Secretary for
Industry and Analysis, you will be responsible for monitoring
the strength of the U.S. supply chain. I know you have been
being asked to discuss it at great length. From a different
point of view, could you discuss your views on vendor diversity
as a component of a supply chain that would be more resilient?
Mr. Harris. Senator, thank you for the question. You are
right to note that there are multiple elements to increasing
resilience of supply chains, and we need to be thinking about
this from a very holistic perspective. Vendor diversity is an
important aspect of that. I am not familiar with all of the
details of the test bed that you have proposed, but I would
like to understand that in much greater detail, if confirmed,
and work with you and work with other colleagues on how that
piece fits in.
I will say, though, that for supply chains and for this
role, if I am confirmed, I am going to need to be really
focused on the entire ecosystem. And it includes both where
production occurs. It includes what sort of workforce we have,
what sort of research and development investments are making.
It includes diversity and resilience in multiple parts of the
supply chain.
And so this would be a priority on telecommunications as
well as other issues, and it would be something that I would
work with colleagues in the Commerce Department and elsewhere
and departments and agencies, but also closely with Congress
and with you and with your staff.
Senator Hickenlooper. Great. Well, thank you for that, Mr.
Harris. Just, and I have only got 30 seconds so very concisely
along those same lines, talk a little bit about your
perspective on public private-partnerships as an additional
part of that supply chain resiliency.
Mr. Harris. Senator, thank you for the question. And to
keep it very concise, I think these play a critical role. And
my job, if confirmed, would be working with the private sector,
engaging the private sector, working with industry trade and
advisory councils as well to make sure that these partnerships
are supporting all of the Administration and the Government's
goals on supply chains and other issues.
Across the board, I think these public private-partnerships
are one of our comparative advantages when we think about
strategic competition with China and when we think about
leveraging and sparking and continuing the innovation that we
have in the United States.
Senator Hickenlooper. I could not agree more. I appreciate
that answer thoroughly. Alright, I yield back the floor. I
yield back my time--I don't have any time but I yield back to
the Chair.
The Chair. Thank you, Senator Hickenlooper. I just have a
last question. I know we have votes that have been called and
they have been going on for a while here, so we need to get to
vote. But Mr. Hoehn-Saric, the issue about, you know, we were
talking about APA rulemaking, but in the case of furniture tip
overs, this is something that has been persistent for 20 years
and impacting children, certainly in the State of Washington.
And we believe the CPSC has been slow to act here. The
Congress could provide the CPSC in this case, in this case with
APA rulemaking authority to expedite safety standards to
prevent tip-overs. Do you--would you support that? Do you agree
that is something we could do?
Mr. Hoehn-Saric. Senator, thank you for the question. Yes,
to the extent the Congress provides the rulemaking authority, I
think will streamline things and provide legal certainty going
forward.
The Chair. Ms. Boyle.
Ms. Boyle. I do support that, Senator, thank you.
The Chair. Mr. Trumka.
Mr. Trumka Jr. As do I. Thank you, Senator.
The Chair. Thank you. Well, before we close the hearing, I
have an additional question to all of you. That is Mr. Hoehn-
Saric, Ms. Boyle, Mr. Trumka, and Mr. Harris. If confirmed,
will you pledge to work collaboratively with this committee and
provide thorough and timely responses to requests for
information that we put forward in important policy issues and
appear before the Committee when requested?
Mr. Hoehn-Saric. Yes, Chair Cantwell.
Ms. Boyle. Yes, I will.
Mr. Trumka Jr. Yes, Senator.
Mr. Harris. Yes, Senator.
The Chair. OK. Well, Senators will have until Friday, July
30 at 5 p.m. to submit questions for the record to the
Committee. Witnesses will have one week to respond to that. And
this concludes our hearing today. Again, thank you all for your
willingness to serve. We are adjourned.
[Whereupon, at 11:45 a.m., the hearing was adjourned.]
A P P E N D I X
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
______
Response to Written Question Submitted by Hon. Kyrsten Sinema to
Alexander D. Hoehn-Saric
Role of Consumer Product Safety Commission (CPSC). The CPSC is
responsible for protecting consumers from unreasonable risk of injury
and death as a result of using consumer products, from off-road
recreational vehicles to baby cribs.
Question. What priorities would you bring to your role as chair of
the CPSC to ensure the safety of Arizona families, if confirmed?
Answer. If confirmed, I would fight to improve consumer product
safety for Arizona families as well as families across this Nation. My
priorities include: focusing the agency's resources on e-commerce
consumer product risks; strengthening the agency's efforts to stop non-
compliant products at the ports; and making the Commission more
efficient and faster in all its safety efforts. With respect to e-
commerce, consumers in Arizona expect, and have a right to expect, that
consumer products bought online are as safe as those purchased at the
corner store. Unfortunately, this is not always true. If confirmed, I
would work with my fellow Commissioners to focus the resources and
tools of the agency on making it safer for Arizona consumers to buy
consumer products online. With respect to ports, imported consumer
products constitute approximately 75 percent of the identified
violative products. Congress recently appropriated funds to increase
CPSC's presence at the ports and, if confirmed, I would work to ensure
this funding is used to reduce the flow of violative products into the
U.S. Finally, making the agency more efficient and faster will benefit
consumers and industry. If confirmed, I would work with my fellow
Commissioners and the staff of the agency to move forward more quickly
on voluntary and mandatory product safety standards, defect
investigations, and recalls. Increased transparency and certainty will
benefit industry as well as consumers.
______
Response to Written Questions Submitted by Hon. Tammy Baldwin to
Alexander D. Hoehn-Saric
Unsafe Products. Americans are increasingly turning to online
retailers for a wide range of consumer products, and I think it is
critically important that those e-commerce platforms ensure their
customers have accurate information about what they are buying.
I was pleased to see the CPSC recently take action against Amazon
for selling unsafe products on its third-party platforms. The products
mentioned in CPSC's action include carbon monoxide detectors that fail
to alarm, numerous children's pajamas that could catch fire and nearly
400,000 hair dryers that could electrocute people if dropped in water.
Question. I'd like to hear from our CPSC nominees about what else
the agency should do to ensure the safety of products sold online.
Answer. According to Department of Commerce statistics, e-commerce
constituted over 13 percent of retail sales in 2020 and e-commerce
continued to grow in the first quarter of 2021. The CPSC must meet
consumers where they are to be effective. More and more that means
increasing the CPSC's efforts to address the safety of goods purchased
online. Congress recognized this in the American Rescue Plan Act when
it appropriated funds to the CPSC to enhance the monitoring of Internet
websites for the offering for sale of new and used violative consumer
products and for the collection and analysis of consumer product safety
information data.
If confirmed, I would work with my fellow Commissioners and CPSC's
staff to prioritize consumer product safety online. Specifically, the
CPSC should use its tools and resources to engage with e-commerce
platforms to better identify violative consumer products and stop them
from being listed for sale. In addition, e-commerce platforms are in a
unique position to facilitate recalls. Many such platforms have ongoing
relationships with consumers and would be able to contact consumers
about recalled items purchased through their platforms and facilitate
recalls as necessary. If confirmed, I would explore the tools and
resources the CPSC has to fully engage with e-commerce platforms to
promote consumer product safety from the product's listing to providing
a remedy, if a consumer product is recalled. In addition, if confirmed,
I would work with my fellow Commissioners and CPSC staff to ensure that
the funding provided to the CPSC is used effectively. This would
include increased monitoring of Internet websites for the sale or
resale of violative products as well as gathering more data from
vulnerable communities regarding risks, injuries, and how best to
engage and educate the communities about online consumer product
safety.
Safety Campaigns. The CPSC has a number of safety campaigns that it
leads to communicate specific hazards to consumers, such as the
``Anchor It!'' campaign to educate consumers about furniture tip-over
hazards, and ``Pool Safely'' to educate consumers about the risk of
drowning. The agency uses its website and social media to promote these
programs.
Question. Again, for our CPSC nominees--how should the CPSC
prioritize these efforts? How should it measure their effectiveness?
Answer. There are several factors the CPSC should consider in
prioritizing consumer education campaigns. First, the agency must look
to the law. Laws such as the Virginia Graeme Baker Pool and Spa Safety
Act and the annual appropriations laws have established and directed
funding for educations efforts. Second, the CPSC should examine injury
and death data to identify the most significant consumer product risks
to the public both by number and severity of the incidents. Third, the
CPSC should consider the best methods to effectively educate consumers
for specific consumer product risks. Based on these factors and other
relevant information, the CPSC should develop and prioritize its
educational programs. With respect to measuring education programs'
effectiveness, it is critical for the CPSC to collect injury, death and
other relevant data from consumers, especially vulnerable and
traditionally underserved communities. More granular data will better
aid the Commission in evaluating the effectiveness of educational
campaigns and guide the Commission as to whether additional resources
should be used to reach particular populations.
______
Response to Written Questions Submitted by Hon. Tammy Baldwin to
Mary T. Boyle
Unsafe Products. Americans are increasingly turning to online
retailers for a wide range of consumer products, and I think it is
critically important that those e-commerce platforms ensure their
customers have accurate information about what they are buying.
I was pleased to see the CPSC recently take action against Amazon
for selling unsafe products on its third-party platforms. The products
mentioned in CPSC's action include carbon monoxide detectors that fail
to alarm, numerous children's pajamas that could catch fire and nearly
400,000 hair dryers that could electrocute people if dropped in water.
Question. I'd like to hear from our CPSC nominees about what else
the agency should do to ensure the safety of products sold online.
Answer. The agency must take a multi-pronged approach to ensure the
safety of products online, including using all of the authorities
available under agency statutes to assert jurisdiction over such
entities. In addition, the agency needs to strengthen its E-commerce
enforcement efforts overall, including: bolstering its physical
presence at express carrier hubs throughout the country where direct-
to-consumer products enter the country; enhancing Internet surveillance
efforts to identify noncompliant products sold online; and developing
technology to target noncompliant products sold online and shipped
directly to consumers.
Safety Campaigns. The CPSC has a number of safety campaigns that it
leads to communicate specific hazards to consumers, such as the
``Anchor It!'' campaign to educate consumers about furniture tip-over
hazards, and ``Pool Safely'' to educate consumers about the risk of
drowning. The agency uses its website and social media to promote these
programs.
Question. Again, for our CPSC nominees--how should the CPSC
prioritize these efforts? How should it measure their effectiveness?
Answer. Communicating safety information to consumers--whether to
educate about hazards or inform about recalls--is one of the most
important things the agency does. Consumers deserve clear and
consistent messaging about how to protect themselves and their families
from product-related injuries, and CPSC's communications strategy
should reflect that goal. Specifically, CPSC must prioritize outreach
to vulnerable populations and underserved communities that may suffer
disproportionally from product-related hazards. That prioritization
requires data analysis to identify populations at increased risk and
conscientious communications design to reach those consumers with
effective messaging. In addition, CPSC's communications approach must
be responsive to emerging hazards, such as those product-related
concerns associated with COVID-19, climate change and extreme weather,
and new technologies. The effectiveness of all communications efforts
should be measured through data analysis when possible, including
through tracking impressions, evaluating messaging and strategy choices
through media testing, and reviewing consumer attitudes and behaviors
through media measurement and exposure data.
______
Response to Written Questions Submitted by Hon. Kyrsten Sinema to
Mary T. Boyle
Role of Consumer Product Safety Commission (CPSC). The CPSC is
responsible for protecting consumers from unreasonable risk of injury
and death as a result of using consumer products, from off-road
recreational vehicles to baby cribs.
Question. What priorities would you bring to your role as CPSC
commissioner to ensure the safety of Arizona families, if confirmed?
Answer. To ensure that safety of Arizona families, and all
families, as a Commissioner I would focus on three main areas:
1. Imports and E-Commerce: Improving the agency's ability to
detect and prevent entry of dangerous products into the United
States stands as an essential part of protecting families. In
particular, the agency needs to continue addressing the
challenges created by online shopping, a growing pre-pandemic
trend that took solid root across the country when consumers
turned in droves to online shopping during the pandemic. As a
result, a large volume of low-value, potentially noncompliant
or hazardous shipments of foreign-manufactured products are
being shipped directly to consumers in the United States.
Enforcement of the sale and distribution of goods on E-commerce
platforms to protect consumers will require a multi-pronged
approach to ensure consumer safety, including: bolstering its
physical presence at express carrier hubs throughout the
country where direct to consumer products enter the country;
enhancing Internet surveillance efforts to identify
noncompliant products sold online; and developing technology to
target noncompliant products sold online and shipped directly
to consumers.
2. Strengthening Compliance and Enforcement: In conjunction
with efforts to stop the introduction of noncompliant products
at the ports and express carrier hubs (efforts that focus on
regulatory violations), CPSC faces an equally important
challenge in ensuring that it executes a robust compliance and
enforcement program to ensure defective products not subject to
regulation are removed through recalls or other corrective
actions.
3. Communicating Safety Information: Families are safer when
they have up to date and accurate safety information. Ensuring
that families receive this information in a timely and
accessible way is one of the most important things the agency
does. Consumers deserve clear and consistent messaging about
how to protect themselves and their families from product-
related injuries, and CPSC's communications strategy should
reflect that goal.
______
Response to Written Question Submitted by Hon. Kyrsten Sinema to
Richard Trumka Jr.
Role of Consumer Product Safety Commission (CPSC). The CPSC is
responsible for protecting consumers from unreasonable risk of injury
and death as a result of using consumer products, from off-road
recreational vehicles to baby cribs.
Question. What priorities would you bring to your role as CPSC
commissioner to ensure the safety of Arizona families, if confirmed?
Answer. I believe that CPSC should prioritize robust surveillance
efforts to intercept dangerous products at traditional ports of entry,
and that it should also prioritize its expansion into ports that handle
large volumes of e-commerce shipments. I would also like to prioritize
CPSC's search for new and innovative ways to address chronic hazards
and to increase recall effectiveness. I would welcome the opportunity
to work with you to learn how Arizona families may be uniquely affected
by consumer product safety issues and how CPSC could help.
______
Response to Written Questions Submitted by Hon. Tammy Baldwin to
Richard Trumka Jr.
Unsafe Products. Americans are increasingly turning to online
retailers for a wide range of consumer products, and I think it is
critically important that those e-commerce platforms ensure their
customers have accurate information about what they are buying.
I was pleased to see the CPSC recently take action against Amazon
for selling unsafe products on its third-party platforms. The products
mentioned in CPSC's action include carbon monoxide detectors that fail
to alarm, numerous children's pajamas that could catch fire and nearly
400,000 hair dryers that could electrocute people if dropped in water.
Question. I'd like to hear from our CPSC nominees about what else
the agency should do to ensure the safety of products sold online?
Answer. That is an important issue, and it should be a priority.
CPSC has an Internet Surveillance Unit (ISU), which monitors consumer
products offered for sale online and evaluates their compliance with
product safety standards. ISU also supports case development, and
secures samples of products for analysis. I support CPSC's plans to add
additional personnel to ISU and to invest in new technology to improve
the agency's ability to detect dangerous products. CPSC should measure
the effectiveness of these investments over time and continue to
improve on efforts in this space.
Safety Campaigns. The CPSC has a number of safety campaigns that it
leads to communicate specific hazards to consumers, such as the
``Anchor It!'' campaign to educate consumers about furniture tip-over
hazards, and ``Pool Safely'' to educate consumers about the risk of
drowning. The agency uses its website and social media to promote these
programs.
Question. Again, for our CPSC nominees--how should the CPSC
prioritize these efforts? How should it measure their effectiveness?
Answer. Educating the public about dangers should be a high
priority for the agency. As should making sure that the agency's
messages are meaningfully received. Focus groups can be an important
tool in structuring a message that is clearest received by consumers.
Ultimately, the measure of a successful education campaign is whether
it causes the prevalence of injuries at the population level to
decrease over time.
______
Response to Written Question Submitted by Hon. Tammy Baldwin to
Grant T. Harris
Supply Chain Resiliency. Mr. Harris, the Commerce Department was
one of several agencies involved in producing a recent report on supply
chain disruptions called for by President Biden in an Executive Order
earlier this year. The report found that a key driver of supply chain
vulnerability was the private sector's excessive focus on short-term
stock price targets and buybacks done at the expense of long-term
investments.
If confirmed, you will craft solutions to improve supply chain
resiliency and bring production back to the U.S.
Question. Given the Administration's acknowledgement that buybacks
contribute to supply chain vulnerabilities, would you support
restricting buybacks for companies that receive government subsidies to
manufacture in the US?
Answer. The June 2021 report to the President, titled ``Building
Resilient Supply Chains, Revitalizing American Manufacturing, and
Fostering Broad-Based Growth,'' noted several key drivers of supply
chain vulnerability, including: (1) insufficient U.S. manufacturing
capacity; (2) ``misaligned incentives and short-termism in private
markets;'' (3) industrial policies adopted by other Nations; and (4)
``geographic concentration in global sourcing.''
If confirmed, I will work with colleagues in the Department of
Commerce and other departments and agencies along with Congress and
public and private sector stakeholders to seek to address these supply
chain vulnerabilities, including the issue of misaligned incentives in
private markets.
______
Response to Written Questions Submitted by Hon. Kyrsten Sinema to
Grant T. Harris
Federal Investment in Semiconductors. The Senate passed the U.S.
Innovation and Competition Act in June, which builds on the CHIPS for
America Act by providing $50 billion for American semiconductor
manufacturing.
Question 1. The United States continues to face a shortage of
semiconductor ships. If confirmed, how will you use your role as
Assistant Secretary for Industry and Analysis to address this shortage?
Answer. If confirmed, I will play an active role in President
Biden's whole-of-government approach to semiconductors. In the short
term, I will work with companies and trading partners to increase
transparency in the supply chain and explore options for alleviating
this shortage. In the long term, we must take steps to ensure U.S.
leadership of a resilient and secure supply chain for semiconductor
chips, including continued assistance to firms expanding their
semiconductor manufacturing investments and nurturing the end-to-end
semiconductor manufacturing ecosystem in the United States. If
confirmed, I look forward to working with Congress to these ends.
Role of Critical Minerals. To produce semiconductors and transmit
electricity, the United States relies on critical minerals, many of
which are mined outside of our Nation's borders. This poses a risk
should our supply of critical minerals be disrupted by natural
disasters or the actions of hostile actors in other nations.
Question 2. Please describe the importance of secure and reliable
supply chains to our Nation's mineral and energy security. If
confirmed, how will you work to address supply chain vulnerabilities
that may have the potential to affect access to affordable energy and
our Nation's economic recovery goals?
Answer. On February 24, the President issued Executive Order (E.O.)
14017 on ``America's Supply Chains,'' noting that ``the United States
needs resilient, diverse, and secure supply chains to ensure our
economic prosperity and national security. Pandemics and other
biological threats, cyber-attacks, climate shocks and extreme weather
events, terrorist attacks, geopolitical and economic competition, and
other conditions can reduce critical manufacturing capacity, and the
availability and integrity of critical goods, products, and services.''
The E.O. called for several ``100-Day Reports'' identifying supply
chain risks, including a Commerce-led report on semiconductor supply
chains, a DOD-led report on critical minerals, and a DOE-led report on
high-capacity batteries. Industry & Analysis contributed significantly
to all of these reports. If confirmed, I would ensure that Industry &
Analysis continues to provide intellectual leadership towards
identifying and implementing actionable solutions to effectively
address vulnerabilities involving semiconductors and the security of
energy and critical minerals in our Nation's supply chains.
______
Response to Written Question Submitted by Hon. Amy Klobuchar to
Grant T. Harris
Travel and Tourism. In this role, you would help to oversee the
National Travel and Tourism Office, the Federal government's official
liaison to Brand USA--a public-private partnership that promotes
international tourism throughout the U.S. Before the pandemic, Brand
USA supported more than 45,000 jobs a year and generated a total of $56
billion to the U.S. economy.
Question. Inbound international travel has historically been the
Nation's second largest industry export, generating $233 billion and
supporting 1.2 million jobs in 2019. If confirmed, how would you work
with the National Travel and Tourism Office to help the travel and
tourism recover from the coronavirus pandemic?
Answer. Industry & Analysis's National Travel and Tourism Office
(NTTO) is the lead office and primary point of contact for travel and
tourism within the Federal government. NTTO provides data for private-
and public-sector decision making and represents the economic interests
of the sector in national security discussions. On behalf of the
Secretary of Commerce, NTTO coordinates private-sector input and
interagency policies and programs through the Travel and Tourism
Advisory Board and Tourism Policy Council, respectively, and serves as
the liaison for the Federal Government to Brand USA.
If confirmed, I will lend my support to these efforts by working
with industry stakeholders, the members of the Tourism Policy Council,
the White House, and Congress to help support the recovery and growth
of the sector and to restore the competitiveness of the United States
as a travel destination.
______
Response to Written Questions Submitted by Hon. Roger Wicker to
Grant T. Harris
Question 1. The Chinese Government engages in unfair trade
practices across many industries, and this has major implications for
U.S. national security. One example is the maritime shipping sector.
Chinese companies control the world's second-largest shipping fleet in
the world and constructed over a third of the world's vessels in 2019.
From 2008 to 2018, Chinese companies expanded their global market share
in shipbuilding 10 percent. China's maritime rise has been driven by
focused state support. Ninety percent of global trade travels by sea,
so the United States has both commercial and strategic interests in
maintaining robust maritime capabilities.
Current and former U.S. officials have warned that the United
States could face maritime logistics challenges during a major conflict
given the shrinking size of the U.S. Merchant Marine fleet, and the
growing control of the world fleet by China. The ``Made in China 2025''
strategic plan designates maritime equipment and high-tech vessel
manufacturing as one of ten priority sectors. How can TIA help the U.S.
government counter unfair foreign trade practices and put our maritime
industry back on a level playing field?
Answer. The Biden-Harris Administration has recognized the
challenges faced by U.S. companies reliant on a limited number of
primarily foreign container shipping lines and alliances. The
President's July 9, 2021 Executive Order on Promoting Competition in
the American Economy encourages the Federal Maritime Commission to
ensure vigorous enforcement against shippers charging American
exporters exorbitant charges. Additionally, on February 24, 2021, the
President issued the Executive Order on America's Supply Chains, in
direct recognition of the need to assess and strengthen America's
supply chains for critical products and materials. Through this whole-
of-government effort, in which Industry & Analysis is deeply involved,
the United States will become less vulnerable to supply chain
disruptions. Under Secretary Raimondo's leadership, Commerce is keenly
focused on the challenges presented by China and those related to
maritime shipping. The Secretary highlighted the importance of the
maritime sector on June 9, 2021 when the Department released the
results from the first official Marine Economy Satellite Account. If
confirmed, I would make Industry & Analysis's industry experts
available to support this whole-of-government effort.
Question 2. The Biden Administration envisions the Commerce
Department playing a substantial role in monitoring key supply chains
and possibly intervening in cases of disruption. For example, the
President's American Jobs Plan proposes allocating $50 billion to the
Department for these purposes. The U.S. Innovation and Competition Act
passed by the Senate does authorize Commerce to take some steps in
terms of mapping and monitoring supply chains, but we should proceed
cautiously in providing funds and authority for the Department to
intervene in markets. Coordination with industry is paramount to avoid
unintended consequences and unnecessary market disruption. Based on its
current role and mission, what role do you believe the Industry and
Analysis unit of the International Trade Administration plays in terms
of supply chain resiliency? Do you commit to working with industry
partners in any efforts Industry and Analysis undertakes related to
supply chain?
Answer. Industry & Analysis helps strengthen U.S. supply chains by
analyzing critical supply chains and overall U.S. industry
competitiveness, recommending domestic and international policy tools
to address supply chain risks and competitiveness vulnerabilities,
assessing other countries' strategies to address supply chain
vulnerabilities, and providing assistance to U.S. companies competing
in the global marketplace. Industry & Analysis's analysis has been used
to develop U.S. policy responses on a range of topics, from supply
chains to Miscellaneous Tariff Bills to strategies and solutions to
strengthen U.S. competitiveness in the global market for 5G technology.
If confirmed, I look forward to working with the entire Industry &
Analysis team to help improve the resilience of America's supply chains
using an array of policy instruments. It is my understanding that
Industry & Analysis also manages several advisory committees that could
help with these efforts, including the Advisory Committee on Supply
Chain Competitiveness. Working with industry partners in these efforts
to increase supply chain resiliency is crucial and, if confirmed, I
commit to doing so.
Question 3. The travel and tourism industry is an important part of
the American economy. Prior to the COVID-19 pandemic, the industry
supported approximately 16 million jobs, and in 2018 generated $1.1
trillion in direct spending, which led to $2.54 trillion in total
economic output. Travel and tourism is one of the few sectors with a
positive trade balance, with international travelers to the United
States generating a $59 billion trade surplus in 2018. The U.S.
Department of Commerce's Office of Industry and Analysis has several
component agencies and programs that oversee and support the travel and
tourism industry. The National Travel and Tourism Office (NTTO) is the
primary source of national statistics on travel and tourism and leads
the interagency development of the National Travel and Tourism
Strategy. NTTO also coordinates with the private sector through the
U.S. Travel and Tourism Advisory Board and serves as the Federal
liaison to Brand USA. Brand USA is the Nation's public-private
partnership tasked with spearheading a globally coordinated marketing
effort to promote the United States as a travel destination and to
communicate U.S. visa and entry policies. What do you believe is the
proper role of the Department of Commerce in supporting travel and
tourism in the United States, and, if confirmed, how will you work to
get the travel and tourism industry back up and running as we come out
of the pandemic?
Answer. The Department of Commerce plays a unique role in the
Federal Government with respect to travel and tourism. The Tourism
Policy Council (TPC) is the interagency, Federal committee chaired by
the Secretary of Commerce. TPC member agencies work cooperatively to
ensure that the national interest in travel and tourism is fully
considered in Federal decision-making. Therefore, the Department is in
a good position to coordinate policies and programs that affect the
travel and tourism industry. Industry & Analysis's National Travel and
Tourism Office (NTTO) serves as the secretariat for the TPC, in
addition to being the lead office and primary point of contact for
travel and tourism within the Federal government. NTTO also provides
data for private-and public-sector decision making, coordinates
private-sector input through the Travel and Tourism Advisory Board, and
serves as the liaison for the Federal Government to Brand USA. If
confirmed, I will lend my support to these efforts by working with
industry stakeholders, the members of the Tourism Policy Council, the
White House, and Congress to help support the recovery and growth of
the travel and tourism industry.
Question 4. Under typical circumstances, U.S. commercial and
recreational fisheries and the broader U.S. seafood industry generates
more than $200 billion in annual sales and creates 1.7 million jobs.
Although the United States is one of the top five exporters of seafood,
it is also the largest net seafood importer in the world with a growing
trade deficit of approximately $17 billion. In May of 2020, former
President Trump issued an Executive Order outlining the opportunity to
reduce this trade disparity and promote American Seafood. As a result,
the Interagency Seafood Trade Task Force was established in August of
2020. Given the growing trade disparity within the United States and
the rest of the world, what role do you see for the International Trade
Administration to work with NOAA on addressing the Seafood Trade
Deficit?
Answer. Addressing the seafood trade deficit will require an
innovative, balanced, and multi-pronged approach rooted in
collaboration and coordination within and between various institutions
and groups, including the United States Government (USG), the U.S.
seafood industry, international stakeholders, and others. Within the
Department of Commerce, the National Oceanic and Atmospheric
Administration (NOAA) leads on seafood issues, and the International
Trade Administration (ITA) contributes with trade-related expertise.
Possible areas of synergy between the bureaus which could help to
address the seafood trade deficit include: 1) furthering NOAA's efforts
to promote standardized seafood export certificates by leveraging ITA's
global network and government-to-government engagement initiatives; 2)
growing U.S. aquaculture capacity through NOAA's Blue Economy
initiatives and leveraging ITA's existing international dialogues to
encourage inward aquaculture investment; and 3) increasing engagement
with industry through the Interagency Seafood Trade Task Force.
Question 5. Inbound international travel is America's second
largest industry export. In 2018, international visitors spent $255
billion in the U.S. on travel-related goods and services, which
generated a $59 billion travel trade surplus. COVID related losses in
travel spending have cost the U.S. $1.1 trillion in economic output. If
nothing is done to lift international travel bans and bring back
demand, a coalition of travel and tourism stakeholders estimates that a
total of 1.1 million American jobs will not be restored and $262
billion in export spending will be lost by the end of 2021. In April
and May of 2021, the Commerce Committee heard expert testimony in the
Tourism, Trade, and Export Promotion Subcommittee that leisure travel
will lead the comeback in the sector. However, the witnesses warned
that business and international travel, crucial sources of revenue for
hotels and airlines, could see a permanent decline or may come back
only in phases based on proximity, reason for travel, and industry. If
confirmed, one of your tasks will be to lead an office charged with
reducing institutional barriers to tourism. How would you begin taking
science-based, data-driven steps to safely reopen international travel
to the United States?
Answer. Executive Order 13988 on Promoting COVID-19 Safety in
Domestic and International Travel (January 2021) has placed the
responsibility for the safe reopening of international travel under the
purview of the COVID Recovery Task Force. Secretary Raimondo is part of
that Task Force and has publicly expressed her support for a risk-
based, data-driven approach to safely opening international travel. If
confirmed, I would work with the Industry & Analysis team to provide
analysis that can assist the Secretary in her advocacy for the industry
and support the Task Force in its decision-making.
______
Response to Written Questions Submitted by Hon. Dan Sullivan to
Grant T. Harris
Question 1. In 2019, more than 79 million international visitors
spent $155 billion in the U.S., supporting nearly 1.2 million American
jobs. This made international travel to the U.S. our Nation's largest
service sector export and our Nation's second largest industry export
overall. Our competitors around the globe have recognized the economic
importance of international travel and many have cabinet-level
positions overseeing travel and tourism to support and grow the
industry. Can you share your perspective for how setting national goals
and ensuring data driven collaboration across Federal agencies will be
critical as the travel and tourism industry work to overcome the
negative impacts brought about by this pandemic?
Answer. Industry & Analysis, through the National Travel and
Tourism Office (NTTO), using its Survey of International Air Travelers,
provides the data on international travel to and from the United States
and its contribution to our economy. This data is used to calculate the
Nation's balance of trade and to inform government policy. This data
informs both public-and private-sector decision-making and helps U.S.
businesses to improve their competitiveness in the international travel
market. Additionally, this data was used to set targets for
international travel to the United States under the National Travel and
Tourism Strategy in previous Administrations. The use of data to set
targets and measure progress, as well as to inform policy across
agencies, will help focus the efforts of the public and private sectors
and can accelerate progress for the recovery of the industry.
Question 2. 2014 Russian embargo on food products from the U.S. and
other western nations bans all Alaska seafood products (except canned
salmon, which is not exported to Russia in large volumes). Russia
continues to export seafood to the U.S. almost entirely duty-free.
If confirmed, can you commit that you'll take a hard look at
the Russian Embargo on American seafood with USTR Katherine
Tai? It's frankly low hanging fruit that rectifies a great
disparity with the Russians and our domestic seafood producers.
Can you commit to sitting down with representatives from the
Alaskan seafood processing industry?
Answer. I recognize the importance of ensuring the ability of the
U.S. seafood industry to compete fairly in the international
marketplace. I understand that the National Oceanic and Atmospheric
Administration (NOAA) leads on seafood issues for the Department of
Commerce. However, the International Trade Administration (ITA)
provides technical assistance and support on international trade
related issues. Specifically, Industry and Analysis furthers ITA's
mission of strengthening market access for U.S. exports, and seafood
exports will continue to receive priority attention. If confirmed, I
will ensure that Industry & Analysis works with colleagues in NOAA and
at the United States Trade Representative (USTR) to seek to address the
imbalance in U.S.-Russia seafood trade while strengthening
opportunities for U.S. exports of seafood. I would welcome the
opportunity to meet with interested stakeholders, including Alaskan
seafood processors, to hear their concerns directly and learn more
about the issues facing the domestic seafood industry.
Question 3. President Trump signed an Executive Order in May 2020
promoting American seafood competitiveness and economic growth with the
intent of propelling the U.S. forward as a seafood superpower by
strengthening the American economy; improving the competitiveness of
American industry; ensuring food security; providing environmentally
safe and sustainable seafood; supporting American workers; and ensuring
coordinated and transparent Federal actions. USTR and the Commerce were
tasked to co-chair the task force.
How do you view President Trump's issued an Executive Order
on ``Promoting American Seafood Competitiveness and Economic
Growth''?
The Task Force submitted recommendations to USTR on August
6, 2020, to improve access to foreign markets through trade
policy and negotiations, resolve technical barriers to U.S.
seafood exports, and generally support fair market access for
U.S. seafood products. If confirmed, would you consider the
recommendations made in this report?
Answer. As indicated, on May 7, 2020, the Trump Administration
issued an Executive Order (E.O.) titled ``Promoting American Seafood
Competitiveness and Economic Growth,'' which directed a multi-pronged
interagency approach to further strengthen American seafood
competitiveness and self-sufficiency. The E.O. created and tasked the
Interagency Seafood Trade Task Force (Task Force) to submit to the
United States Trade Representative (USTR) its recommendations on the
preparation of a comprehensive seafood strategy. Both the International
Trade Administration (ITA) and the National Oceanic and Atmospheric
Administration (NOAA) served on the Task Force and contributed to its
final recommendations to USTR. I have not seen these recommendations
but, if confirmed, I look forward to studying them.
As a part of ITA, Industry & Analysis works to support the ability
of the U.S. seafood industry to compete fairly in the international
marketplace. Strengthening U.S. competitiveness will require a holistic
approach, including: (1) more concerted United States Government (USG)
actions to address predatory import competition and the distortive
price effects caused by those imports; and (2) appropriate policies
focusing on domestic aquaculture competitiveness and cost-efficiency to
expand domestic farming/fishing capacity, leading to increased market
shares, both domestically and abroad, for U.S. producers. Increasing
coordination is paramount, and should I be confirmed, I look forward to
furthering partnerships within the USG and with external partners to
advance these goals.
Question 4. One of the major issues facing domestic seafood
producers is competing with imports into the United States that are
injected with fillers (often water) to lower the cost per pound--
despite it being an inferior product. A product that's literally
turning an entire generation off to seafood. Your predecessor was
extremely interested in assisting industry to level the playing field
by going after these imports--if confirmed, will you commit to doing
the same?
Answer. I am committed to the Industry & Analysis and the
International Trade Administration (ITA) mission to strengthen
competitiveness of U.S. industries. I recognize that there is a unique
set of issues that impact fair trade in the seafood sector. If
confirmed, I would welcome the opportunity to meet with interested
stakeholders, including domestic seafood producers, to hear their
concerns directly and learn more about the issues facing the domestic
seafood industry. In coordination with ITA's Global Markets and
Enforcement & Compliance business units, and as part of the larger
ecosystem of United States Government (USG) and industry partners,
should I be confirmed, I will work to further efforts to combat trade
inequities stemming from dishonest practices by foreign trade partners.
______
Response to Written Questions Submitted by Hon. Ron Johnson to
Grant T. Harris
Question 1. What do you believe are the metrics for success for
steel and aluminum tariffs?
Answer. The International Trade Administration's (ITA) Enforcement
and Compliance unit supports domestic industries, including steel and
aluminum producers, by enforcing U.S. trade laws that address unfairly
priced or subsidized foreign goods, monitoring compliance with existing
trade agreements, and aiding in the negotiation of new trade agreements
that address trade-impeding and trade-distorting practices.
If confirmed, I will support the ongoing Commerce efforts to review
the Section 232 measures and product and country exclusions. It is my
understanding that this review is led by Commerce's Bureau of Industry
and Security (BIS) with support from ITA as appropriate. As part of
that process, I would, if confirmed, make experts available from
Industry & Analysis to work with BIS as needed. If confirmed, I would
work with my Commerce colleagues as well as with Congress and relevant
industry stakeholders to advance the competitiveness of U.S.
businesses.
It is also my understanding that the Biden Administration is
consulting closely with domestic stakeholders as well as allies and
partners around the world that share similar national security
interests. For example, the Commerce Department and the Office of the
U.S. Trade Representative (USTR) reached an agreement with the European
Union (EU) in May 2021 to postpone the doubling of the EU's retaliatory
duties imposed in response to the 232 steel and aluminum tariffs until
the end of 2021. I understand that the Department continues to engage
in ongoing negotiations with the EU regarding the applications of the
tariffs to EU steel and aluminum.
Question 2. Will you commit to examining the negative unintended
consequences from Section 232 tariffs and retaliatory tariffs on U.S.
businesses?
Answer. If confirmed, I will support the ongoing Commerce efforts
to review the Section 232 measures and product and country exclusions.
It is my understanding that this review is led by Commerce's Bureau of
Industry and Security (BIS) with support from the International Trade
Administration (ITA) as appropriate. As part of that process, I would,
if confirmed, make experts available from Industry & Analysis to work
with BIS as needed. If confirmed, I would work with my Commerce
colleagues as well as with Congress and relevant industry stakeholders
to advance the competitiveness of U.S. businesses.
Question 3. Do you believe national security tariffs should be
imposed on U.S. ally nations?
Answer. My understanding is that a thorough review of the Section
232 measures and product and country exclusions is ongoing, and that
the Biden Administration is consulting closely with domestic
stakeholders as well as allies and partners around the world that share
similar national security interests. For example, the Commerce
Department and the Office of the U.S. Trade Representative (USTR)
reached an agreement with the European Union (EU) in May 2021 to
postpone the doubling of the EU's retaliatory duties imposed in
response to the 232 steel and aluminum tariffs until the end of 2021.
It is my understanding that the Department continues to engage in
ongoing negotiations with the EU regarding the applications of the
tariffs to EU steel and aluminum.
Question 4. What do you believe are specific reasons that a
national security tariff should be imposed?
Answer. Section 232 allows the President to impose restrictions on
certain imports based on a determination by the Department of Commerce
that the product under investigation ``is being imported into the
United States in such quantities or under such circumstances as to
threaten to impair the national security.'' My understanding is that
the Commerce Department took national security actions under Section
232 of the Trade Expansion Act of 1962, as amended, to protect American
steel and aluminum industries. My understanding is that the Biden
Administration is working to address the market distorting measures in
economies that have led to overcapacity in the global steel and
aluminum industries and the resulting national security threats. It is
also my understanding that a thorough review of the Section 232
measures and product and country exclusions is ongoing, and that the
Biden Administration is consulting closely with domestic stakeholders
as well as allies and partners around the world that share similar
national security interests.
Question 5. Will you commit to responding to inquiries and
providing requested information from members of Congress on a timely
basis?
Answer. Yes, if confirmed I commit to responding to inquiries and
providing requested information from members on a timely basis,
consistent with the constitutional and statutory obligations of the
executive branch.
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