[Senate Hearing 113-620]
[From the U.S. Government Publishing Office]
S. Hrg. 113-620
NOMINATIONS TO THE U.S. COAST GUARD AND THE CONSUMER PRODUCT SAFETY
COMMISSION
=======================================================================
HEARING
before the
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED THIRTEENTH CONGRESS
SECOND SESSION
__________
APRIL 8, 2014
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
______
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94-057 PDF WASHINGTON : 2015
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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED THIRTEENTH CONGRESS
SECOND SESSION
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
BARBARA BOXER, California JOHN THUNE, South Dakota, Ranking
BILL NELSON, Florida ROGER F. WICKER, Mississippi
MARIA CANTWELL, Washington ROY BLUNT, Missouri
MARK PRYOR, Arkansas MARCO RUBIO, Florida
CLAIRE McCASKILL, Missouri KELLY AYOTTE, New Hampshire
AMY KLOBUCHAR, Minnesota DEAN HELLER, Nevada
MARK WARNER, Virginia DAN COATS, Indiana
MARK BEGICH, Alaska TIM SCOTT, South Carolina
RICHARD BLUMENTHAL, Connecticut TED CRUZ, Texas
BRIAN SCHATZ, Hawaii DEB FISCHER, Nebraska
EDWARD MARKEY, Massachusetts RON JOHNSON, Wisconsin
CORY BOOKER, New Jersey
JOHN E. WALSH, Montana
Ellen L. Doneski, Staff Director
John Williams, General Counsel
David Schwietert, Republican Staff Director
Nick Rossi, Republican Deputy Staff Director
Rebecca Seidel, Republican General Counsel and Chief Investigator
C O N T E N T S
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Page
Hearing held on April 8, 2014.................................... 1
Statement of Senator Rockefeller................................. 1
Statement of Senator Thune....................................... 3
Statement of Senator Nelson...................................... 19
Statement of Senator Begich...................................... 21
Statement of Senator McCaskill................................... 23
Statement of Senator Cantwell.................................... 24
Statement of Senator Blumenthal.................................. 27
Statement of Senator Markey...................................... 28
Statement of Senator Ayotte...................................... 56
Statement of Senator Klobuchar................................... 58
Witnesses
Hon. Mary Landrieu, U.S. Senator from Louisiana.................. 1
Vice Admiral Paul Zukunft, Commandant-Designate, United States
Coast Guard.................................................... 5
Prepared statement........................................... 6
Biographical information..................................... 9
Hon. Tom Udall, U.S. Senator from New Mexico..................... 31
Hon. John F. Tierney, Congressman, 6th District of Massachusetts. 32
Elliot Kaye, Chairman and Commissioner-Designate, Consumer
Product Safety Commission...................................... 35
Prepared statement........................................... 36
Biographical information..................................... 38
Joseph Mohorovic, Commissioner-Designate, Consumer Product Safety
Commission..................................................... 44
Prepared statement........................................... 46
Biographical information..................................... 47
Appendix
Response to written questions submitted to Vice Admiral Paul
Zukunft by:
Hon. John D. Rockefeller IV.................................. 63
Hon. Maria Cantwell.......................................... 66
Hon. Roger F. Wicker......................................... 68
Hon. Marco Rubio............................................. 69
Hon. Kelly Ayotte............................................ 70
Response to written questions submitted to Elliot Kaye by:
Hon. Mark Pryor.............................................. 72
Hon. Claire McCaskill........................................ 73
Hon. Roger F. Wicker......................................... 75
Hon. Tim Scott............................................... 76
Hon. Ron Johnson............................................. 76
Response to written questions submitted to Joseph Mohorovic by:
Hon. John D. Rockefeller IV.................................. 78
Hon. Bill Nelson............................................. 81
Hon. Mark Pryor.............................................. 82
Hon. Roger F. Wicker......................................... 83
Hon. Tim Scott............................................... 83
Hon. Claire McCaskill........................................ 84
NOMINATIONS TO THE U.S. COAST GUARD
AND THE CONSUMER PRODUCT SAFETY COMMISSION
----------
TUESDAY, APRIL 8, 2014
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 2:35 p.m. in room
SR-253, Russell Senate Office Building, Hon. John D.
Rockefeller IV, Chairman of the Committee, presiding.
OPENING STATEMENT OF HON. JOHN D. ROCKEFELLER IV,
U.S. SENATOR FROM WEST VIRGINIA
The Chairman. All right.
This hearing will come to order. And we have our candidate
before us but we also have Senator Mary Landrieu before us. She
wants very much to speak. And Senator Thune and I just sort of
faded into the background as soon as we heard that.
STATEMENT OF HON. MARY LANDRIEU,
U.S. SENATOR FROM LOUISIANA
Senator Landrieu. Do not believe that.
The Chairman.--of your eloquent--what you want to say.
So, please proceed.
Senator Landrieu. Thank you, Mr. Chairman.
And I appreciate the opportunity to present to the
Committee today, Vice Admiral Paul Zukunft, to be the
President's nominee to be the next Commandant of the U.S. Coast
Guard.
Before we get too far along, I want to also recognize that
the Admiral's wife has joined us, Fran, and other relatives in
the audience; and they're welcome. And I'm sure he appreciates
them being here for their support.
As you all know, because you have held these hearings many
times, the role of the Commandant is a very, very important
position for all of our states and as a model for the country.
But as Chair of Homeland Security Appropriations and as senior
Senator from Louisiana, I became particularly impressed with
this nominee's ability, his leadership ability, in the
aftermath of the oil spill which was about 4 years ago.
When this leader was asked to step in and to help organize
all Federal assets in the aftermath of this terrible, terrible
accident that claimed a dozen lives, injured over 30 men
offshore, and spilled almost 5 million barrels of oil into the
Gulf, he'd been given the job of Federal On-Scene Coordinator,
which is no easy job. Our government was working night and day,
24/7, compiling the assets we needed to stop the flow of oil to
manage government assets, private assets, and the politics that
went along with all of that. And he just did beautifully.
He commanded 47,000 first responders, 6,500 vessels, and
180 aircraft during the largest spill in our nation's history.
He's a graduate, of course, of the Coast Guard Academy, but he
began and he grew up in the Coast Guard starting as a
cutterman, as an operator. He's someone that not only can serve
at the highest levels, but I believe has demonstrated his
understanding and empathy and sympathy for people working at
all levels of the Coast Guard.
He was promoted to the rank of Flag Officer in 2006. He
served in numerous senior roles including, I'll say this in
quotes, a ``hardship'' post in Hawaii.
[Laughter.]
Senator Landrieu. But then he earned his real stripes in
the Gulf Coast, hot, mosquito infested, at our oil spill. But
he served all over the world.
I've been very fortunate to develop strong relations with
the Coast Guard. Of course, Senator Nelson from Florida has
similar experience with the Coast Guard. It's the people of
Louisiana's favorite Federal agency because we depend on them
literally morning, noon, and night for so much of the work that
we do in our state. So we get to know our leaders well.
Rear Admiral Thad Allen, one of our favorites, said,
``You'd like to think that every Admiral's got a four-star
potential because he's got an extraordinary operational
background, extraordinary personality, and he's a terrific
leader.''
I think that describes the gentleman that's before us. And
it's without hesitation and strong recommendation that I submit
his credentials to this committee.
The Chairman. Thank you, Senator Landrieu.
I'm going to make an opening statement now and then Ranking
Member Thune will do the same. And then it'll be all yours.
And I hope there'll be more people coming. There are
several other large committees that are meeting at this point
but that never works for me.
Of all of the executive nominations that the Commerce
Committee considers when you look at the whole picture, perhaps
the most important is the one we'll be discussing today which
is you. That is the nomination for Commandant of the United
States Coast Guard.
President Obama recently nominated Vice President Paul
Zukunft to serve as the twenty-fifth Commandant of the Coast
Guard. And, Admiral, I congratulate you on your nomination. I
welcome you to this friendly for the most part committee.
Friendly for you.
Here, this little speech I find here, here's why this job
is so important to me. First of all, the Coast Guard is a
branch of our Armed Forces. It's interesting. Sometimes it's
sort of like the National Guard. Not everybody recognizes that.
The 43,000 men and women of the Coast Guard defend our country;
they protect our ports; they protect our waterways; they
protect our open seas against threats to our national security.
And there are not that many of them; 43,000. Not that many. But
they also help American citizens live better and safer lives.
They enforce our environmental and safety laws. They answer the
call when lives are in danger on the water. They have had a lot
to do with the subject that we've discussed a lot here and that
is cruise ships. Even when that means putting their own lives
at risk.
On an average day, the men and women of the Coast Guard:
save 11 lives; respond to 57 search-and-rescue cases; keep 455
pounds of cocaine off the streets; investigate 12 marine
accidents; respond to and investigate nine pollution incidents;
conduct security inspections of five high-interest vessels;
screen nearly 1,300 vessels prior to their arrival at a U.S.
port; interdicts seven undocumented migrants seeking to
unlawfully enter the United States; and ensure compliance of 15
fishing vessels with our fisheries laws.
But the truth is that you perform all of these things with
a budget which is just a small fraction of what you need and a
small fraction of the other military services. And the Coast
Guard does it in boats and aircraft that, in some cases, have
been in service since the Vietnam Era. We have always asked the
Coast Guard to do a lot. And since the 9/11 attacks and the
creation of the Department of Homeland Security, we have asked
them to do even more.
But the truth is that, in recent years, we have not given
the Coast Guard the resources it really needs to do this work.
Now, you know, that floats right by most people but it's sort
of the heart of your problem. We need to be honest about our
expectations of the Coast Guard if we continue to underfund it
year, after year, after year.
Admiral Zukunft and I had a chance to talk in private about
these challenges and how he intends to lead the Coast Guard.
Leading the Coast Guard without the resources to do so becomes
a difficult--you have to make choices.
I'm confident he's going to do a great job. I support him
in absolute terms and I look forward to his testimony today.
Ranking Member Thune.
STATEMENT OF HON. JOHN THUNE,
U.S. SENATOR FROM SOUTH DAKOTA
Senator Thune. Thank you, Mr. Chairman, for holding this
hearing to consider the nomination of Vice Admiral Paul Zukunft
to be the twenty-fifth Commandant of the U.S. Coast Guard.
I also want to thank the Vice Admiral along with his wife,
Fran, who sacrifices greatly on behalf of our nation. And so,
thank you to her and to their family for that sacrifice and for
that service.
As this committee knows well, the Coast Guard's overall
mission is to ensure the safety, security, and stewardship of
our nation's waters, which is a massive mission that it
performs admirably on a daily basis. For some perspective it's
worth noting the Coast Guard's entire annual budget of about $9
billion is less than the cost to build one aircraft carrier for
the Navy, which is around $13 billion.
Vice Admiral Zukunft has a long and distinguished career in
the Coast Guard and served with distinction during some of the
most complex disasters in our nation's history, the Deepwater
Horizon Spill of 2010. During that disaster, Admiral Zukunft
served as the Federal On-Scene Coordinator leading more than
47,000 Federal, state, local, and private sector responders to
contain and clean up the devastating spill.
Currently, Vice Admiral Zukunft is the Operational
Commander of the Coast Guard's Pacific Area. This is an area of
responsibility that spans half the globe touching 71 nations
and six of the seven continents. In that capacity he has dealt
with transnational criminal activity, increased human activity
in the Arctic, and global competition for dwindling fish stocks
among other issues. He has worked with nations like Russia,
China, Japan, Canada, and South Korea while conducting combined
operations against illegal fishing activity in the Western
Pacific Ocean. And he has worked to coordinate the efforts of
Customs and Border Protection, Immigration and Customs
Enforcement, the Department of Justice, and local law
enforcement agencies at the Coast Guard's Sector in San Diego
creating a model of interagency cooperation in the fight
against transnational criminal operations along the nation's
maritime Southwest border.
Vice Admiral Zukunft also serves on the Coast Guard's
Leadership Council, comprised of the Commandant and the
service's five Vice Admirals, where he has tackled some of the
toughest challenges the Coast Guard faces ranging from budget
issues to workforce matters. He currently serves on the Coast
Guard's Investment Review Board that finalizes the allocation
of funds across the service's acquisition, operations, and
personnel accounts.
Clearly, Vice Admiral Zukunft is highly qualified, deeply
experienced, and prepared to lead the Coast Guard. And I look
forward to supporting Vice Admiral Zukunft's nomination. And I
again want to express my appreciation for his willingness to
continue to serve the Nation as the next Commandant of the
Coast Guard.
Mr. Chairman, I note that we have a deadline to act on this
nomination, as Admiral Papp's term as Commandant concludes in
May. And I hope that we can act in a timely fashion to have
Vice Admiral Zukunft in place by that time.
We will also be hearing testimony today on a later panel
from two nominees to the Consumer Product Safety Commission.
They're Elliot Kaye, who was nominated to be the next Chairman
of the CPSC, and Joseph Mohorovic, who is nominated to be a
Commissioner at the CPSC. Currently, the CPSC has three
Commissioners, and should these two nominees be confirmed,
they'll have a full complement of five Commissioners here very
soon.
The CPSC is a creature of Congress created in 1972 by the
Consumer Product Safety Act. As such, its authority is very
carefully bounded by the law. It is an independent agency that
has the important responsibility of protecting the public from
unreasonable risks of injury or death associated with more than
15,000 consumer products such as household products, toys and
sporting goods. The CPSC fulfills its statutory
responsibilities by developing voluntary standards with
industry, banning products if necessary, and informing and
educating consumers among other things.
The Commission, as defined by the CPSIA, does not have
jurisdiction over certain products, such as tobacco and tobacco
products, or firearms and ammunition among other items. Other
Federal agencies and commissions have jurisdiction over these
types of products. This is important because I'm always
concerned about efforts by agencies to expand their authority,
and it's crucial that agencies remain within the jurisdictional
procedural boundaries that were mandated by the Congress.
Depending on timing with this afternoon's panels, I plan on
asking our two CPSC nominees about their views on some of these
jurisdictional procedural boundaries for the CPSC.
Mr. Chairman, thank you for holding this hearing and I look
forward to testimony from our nominees today.
The Chairman. Vice Admiral, you may proceed.
STATEMENT OF VICE ADMIRAL PAUL ZUKUNFT, COMMANDANT-DESIGNATE,
UNITED STATES COAST GUARD
Admiral Zukunft. Good afternoon.
First, I wish to thank Senator Landrieu for her very kind
introduction.
Chairman Rockefeller, Ranking Member Thune, distinguished
members of the Committee and Subcommittee, good afternoon. I am
honored to appear before you today and I am humbled to have the
confidence of Secretary Johnson and President Obama to be the
President's nominee to serve as the twenty-fifth Commandant of
the United States Coast Guard. I am blessed to have my wife,
Fran, who is sitting behind me, join me in this endeavor.
I am very grateful to our Commandant, Admiral Bob Papp, who
leads our service with extraordinary devotion, skill and
integrity. If confirmed, I stand ready to ensure the Coast
Guard remains focused; focused on our mission; focused on our
people, their well-being and their proficiency; and focused on
our efficiency and effectiveness. I respectfully submit my
written testimony for the record and request to make a brief
opening statement.
For almost 37 years, I have dedicated my life to serving
our nation with Coast Guard men and women. I've had the honor
of leading and commanding at every tier in our organization
from strategy, policy, budget, and acquisition efforts in
Washington, D.C., to frontline operations across the Atlantic,
Gulf of Mexico, Pacific, Arctic, and to Antarctic. I've seen
firsthand the value the Coast Guard provides to the Nation and
I know what is required to sustain this level of commitment of
our homeland well into the future.
If confirmed, I look forward to working with each of you to
ensure that the United States Coast Guard is semper paratus,
always ready to serve our nation. And I thank you, Chairman,
and members of this committee for your personal commitment to
our people and their families; the heart and soul of our Coast
Guard.
A twenty-first century Coast Guard must be prepared to
respond to the full spectrum of twenty-first century threats
and challenges that include cyber and direct attacks on our
coastal infrastructure. These challenges are reflected in
Secretary Johnson's commitment to protecting America's enduring
national security interest through the execution of the
department's five missions.
If confirmed, I will tirelessly work with the
Administration, Congress, this committee, and our interagency
partners to support unity of effort and collaboration across
the Departments of Homeland Security, Defense, State,
Transportation, Justice, and Interior, among others. And I will
continue to develop and enhance partnerships at the Federal,
state, local, tribal, and territorial levels to build community
resilience and ensure America is prepared to prevent and
respond to crises in the maritime domain.
The success of our Coast Guard for over 223 years resides
in the character and competency of the men and women who serve
our nation. Our character can be summed up in three words:
Service before self. Our proficiency competency is the
foundation on which the Coast Guard serves the American people.
A proficient and experienced workforce is intrinsic to
sustained operational excellence as our missions become more
expansive and complex. In order to achieve this excellence, our
people deserve a workplace that is free from sexual assault and
free from discrimination. I will work to ensure our
demographics and diversity better reflect the Nation we serve.
My wife, Fran, who has served as a career professional and
single parent during my numerous deployments, fully appreciates
the many challenges facing our military families. If confirmed,
we will work together to ensure we provide the best possible
care for our Coast Guard men and women and their families.
Regardless of the fiscal environment, the demand for our
Coast Guard missions will continue to grow. Though will be
challenging, I am focused and committed to taking decisive
action to manage our resources strategically continuing the
recapitalization of our assets with an emphasis upon
affordability. And seizing the opportunities for efficiencies
to ensure we meet our responsibilities to the Nation.
If confirmed, I realize the enormous responsibility that
rests squarely upon my shoulders and the judicious allocation
of our limited resources while applying a broad array of unique
authorities in a prevent, respond, and enforce set of
capabilities that our nation values.
Chairman Rockefeller, Ranking Member Thune, and members of
the Committee, I know our challenges are great but I am truly
excited and optimistic about the future of the United States
Coast Guard.
Thank you for the opportunity to testify today and I look
forward to your questions.
[The prepared statement and biographical information of
Admiral Zukunft follow:]
Prepared Statement of VADM Paul F. Zukunft, Commandant-Designate,
U.S. Coast Guard
Introduction
Good afternoon, Chairman Rockefeller, Ranking Member Thune and
distinguished members of the Committee. It is a privilege to appear
before you today. I am humbled by the opportunity and grateful for the
confidence of President Obama and Secretary Johnson in nominating me to
be the 25th Commandant of the United States Coast Guard. I would also
like to thank Admiral Bob Papp, our current Commandant, for the
opportunity to serve as the Coast Guard's Pacific Area Commander.
In my nearly 37 years in the Coast Guard, I have had the privilege
of serving alongside a remarkable team of dedicated public servants. I
have held command in nearly every pay grade, in addition to leading the
front-line response to the largest oil spill in U.S. history. I have
responded to mass migrations in the Caribbean, interdicted drugs on the
high seas, and saved commercial fishermen in the Bering Sea. These
experiences have taught me the importance of decisive action in harsh
conditions, and have also prepared me to serve as Commandant. I am
grateful for the opportunity to discuss my priorities and objectives,
as well as to provide a brief overview of how, if confirmed, I will
lead the Service.
Overview of the Coast Guard
The United States Coast Guard is America's maritime first
responder. This year will mark our 224th year of protecting those on
the sea, protecting the Nation from threats delivered by sea, and
protecting the sea itself. With important authorities for maritime
safety, security, and environmental protection, today's Coast Guard is
a versatile, adaptive organization that provides tremendous service to
the public. Every day, Coast Guard operations include search and
rescue, safeguarding and facilitating maritime commerce, protecting
against and preparing to respond to maritime acts of terrorism,
interdicting drug and migrant smugglers, enforcing fisheries laws,
responding to oil and hazardous material spills, maintaining aids to
navigation, screening commercial ships and crews entering U.S. ports,
inspecting U.S.-flagged vessels, examining cargo containers,
investigating marine accidents, training international partners,
credentialing merchant mariners, and supporting defense operations.
These critical functions promote environmental stewardship while
keeping our Nation secure and economy vibrant.
America is a maritime nation. More than 90 percent of all U.S.
trade enters or leaves this Nation through our ports and waterways as
part of the global supply chain. With broad responsibility for maritime
safety, security, and environmental stewardship, the Coast Guard's work
is a fundamental part of security, resilience, and economic growth
throughout the Nation and the world. Across the nation, the Coast Guard
is on watch in our ports, along our coasts, on our major rivers and the
Great Lakes, and far offshore with an agile mix of aircraft, cutters,
small boats, and shore-based units which are crewed by highly trained,
proficient, and motivated Coast Guard men and women. We are locally
based, nationally deployed, and globally connected.
Vision for the Future
The Coast Guard's success is made possible by the personal support
of the Secretary of the Department of Homeland Security (DHS),
comprehensive collaboration with other DHS components, and unity of
effort across all levels of our Service. Under the leadership of
Secretary Johnson, the Department has five enduring missions:
Preventing terrorism and enhancing security;
Securing and managing our borders;
Enforcing and administering our immigration laws;
Safeguarding and securing cyberspace; and
Ensuring resilience to disasters.
I am fully committed to these priorities. If confirmed, I will work
tirelessly with the Administration, DHS, Congress, and our interagency
partners to continue pursuing excellence in these missions.
The maritime operating environment is increasingly dynamic and
complex. We are facing adaptive transnational criminal organizations
that, if left unchecked, will erode maritime governance, rule of law,
and regional stability along maritime frontiers. The threat of a cyber
attack on critical maritime infrastructure is real and growing.
Meanwhile, international maritime trade is on the rise and competition
for dwindling fish stocks and natural resources threaten the
sovereignty of remote corners of our Exclusive Economic Zones. While it
is impossible to predict when the next natural or manmade disaster such
as Super Storm Sandy, Hurricane Katrina, or BP Oil Spill will occur,
the Coast Guard stands ready to surge forces to uphold homeland
security objectives while mitigating the impact of a disaster and
facilitating recovery.
I believe that in order to meet current and future mission
requirements, the Coast Guard must continually and efficiently build
upon our network of joint service, international, federal, state,
local, tribal, and territorial partnerships while maintaining dynamic
and transparent interactions with stakeholders in the private sector.
If confirmed, I am committed to ensuring that we leverage the Maritime
Operational Threat Response protocols, memorandums of agreement,
bilateral agreements and treaties, combined operating guidelines, and
DHS policies to instill unity of effort in planning and executing
maritime operations for safety and security. We must emphasize and
demonstrate proficiency in the Incident Command System as the universal
language among first responders for establishing unity of effort and
coordinating operations during crises. Finally, it is imperative we
exploit existing and emerging technologies, such as unmanned aerial
systems, to bolster operational effectiveness and efficiency.
If confirmed, I will continue to have the Coast Guard maintain
operational focus on search and rescue, illicit narcotics and human
trafficking interdiction, illegal fisheries enforcement, maritime
homeland security, preparedness, prevention, and crisis response. We
will promote the efficient flow of legitimate commerce while protecting
and securing American interests across the global supply chain. Our
efforts will enhance the ability of our Nation to manage maritime risks
by strengthening our layered defense, addressing threats as early as
possible, and bolstering a system that can prevent and respond to
disruptions caused by natural and manmade disasters.
Sustaining Operational Excellence
Sound fiscal management will underpin Coast Guard and DHS
operational planning and execution over the course of the next four
years. I believe we must lead decisively to continue delivering
critical services to the public. As our missions grow more complex and
competencies more specialized, we must continually assess the
proficiency of our forces and resist short-term measures that might
weaken the Coast Guard of the future. I am committed to executing
front-line operations in a manner that maintains the requisite
experience among our junior members who will be our senior leaders of
tomorrow. Likewise, we must critically assess and measure the readiness
of our platforms and resources, and eliminate inefficiencies that
detract from readiness.
The condition and serviceability of the Coast Guard's surface
fleet, maintaining our air assets, and the projected timelines to
replace these assets necessitate continued investment in major
recapitalization programs. In order to operate efficiently and to
ensure our workforce has the tools they need to do their jobs, we are
acquiring new National Security Cutters, and Fast Response Cutters,
while concurrently performing significant depot level maintenance
projects on Medium Endurance Cutters. Our Medium Endurance Cutter fleet
is approaching the half century mark, making these vessels increasingly
expensive to maintain and operate. Cost control and best business
practices are essential on our part. We must leverage commonality of
systems among DHS and Department of Defense partners to the maximum
extent possible. The next critical phase of modernization is the
development of the Offshore Patrol Cutter. And if confirmed, I am
committed to working with DHS, the Administration, and the Congress to
ensure we can achieve the Coast Guard's critical recapitalization needs
in an affordable and efficient manner.
Moreover, as stewards of public funds, the Coast Guard must stay
the course in sustaining a clean audit opinion while continually
infusing efficiencies across all lines of mission support and
execution. In 2013, the Coast Guard achieved the first clean
unqualified audit opinion in our history, and we were the first Armed
Service to do so. We will continue to make the most out of every dollar
we receive to care for our people, and give them the ships, aircraft,
training, and shore facilities they need to do the jobs that the
American people have asked of them.
Leading the Workforce
If confirmed, I look forward to working with each of you to
continuously improve front-line service to the public. I especially
thank you for your personal commitment to our workforce and their
families who represent the Coast Guard's most valuable asset--our
people. The men and women of the Coast Guard are the heart and soul of
our Service. The Coast Guard consists of 42,380 active duty uniformed
personnel and 7,861 Reservists, 32,633 volunteer auxiliarists, and
6,816 civilians--some 89,690 people engaged in the work of our Service.
These dedicated men and women enable front-line success across our
numerous and diverse statutory mandates.
Sexual assault is a scourge among all of the armed services,
including the Coast Guard. As the current Operational Commander for
more than 13,000 men and women, I have taken proactive measures that
have been hailed as best practices to drive this abhorrent behavior out
of the Service.
This includes highly interactive workshops that have elicited those
who have been assaulted to submit unrestricted reports; a climate that
engenders open reporting while protecting survivors against
retaliation; and uncompromising standards of accountability against
those who do not ascribe to our core values--Honor, Respect, and
Devotion to Duty. If confirmed, I will continue to emphasize a
sustainable Sexual Assault Prevention and Response program focused
heavily on prevention and accountability, while ensuring the advocacy,
support, and resiliency of our survivors. I am committed to developing
clear measures of effectiveness, and a climate and culture befitting
our Nation's trust and confidence.
The Coast Guard is analogous to a woven rope that grows stronger
with each strand of diversity, culture, experience, and point of view.
While we have made great strides in growing a more diverse workforce,
much more remains to be done in order to reflect the public we serve.
If confirmed, I will take measures to recruit a more diverse pool of
candidates at our accession points, develop strategies to improve
retention, and continue to uphold the meritocracy of our advancement
and promotion processes. We must create a workplace that offers every
individual the opportunity to attain their personal goals, grow within
the service, and fully contribute to the accomplishment of our
missions. Diversity enables improved mission performance and is
critical to operational excellence and efficiency.
Conclusion
In closing, I again offer my sincere appreciation and gratitude to
Admiral Bob Papp who has served the Coast Guard with highest
distinction as the 24th Commandant and throughout his four decade
career. He began his tenure as Commandant in the middle of the worst
environmental disaster in United States history. Yet, as Admiral Papp
stated in his confirmation hearing, ``Serving our country is more than
a job--it is a calling.'' He met that calling head on and his
leadership poised the Coast Guard for the challenges ahead.
There is no way to predict the next major crisis, but our operating
environment is profoundly harsh and unforgiving. The Coast Guard will
succeed, as it has for over two centuries, because of our skilled,
courageous, and dedicated workforce. If confirmed, I will ensure the
Coast Guard remains ``Semper Paratus--Always Ready'' to serve the
public and our partners in a manner that embodies our core values of
honor, respect, and devotion to duty.
Thank you for the opportunity to testify today. I look forward to
your questions.
______
a. biographical information
1. Name (Include any former names or nicknames used): Paul
Frederick Zukunft.
2. Position to which nominated: Commandant of the Coast Guard/
Admiral (O-10).
3. Date of Nomination: March 4, 2014.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: Coast Guard Pacific Area, Coast Guard Island, Bldg 51-
6, Alameda, CA 94501.
5. Date and Place of Birth: January 30, 1955; New Haven, CT.
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).
Frances (nmn) DeNinno (spouse). Retired 2006 after 25 years as
a senior pharmaceutical sales representative for Abbott Labs.
Fran currently performs community service for Girls Inc in
Alameda, CA and for the Coast Guard's ombudsman and Women in
Leadership programs; children: Heidi Louise Zukunft (daughter)
30; Erika Anne Law (daughter--married last name is Law) 26; and
Brett DeNinno Zukunft (son) 23.
7. List all college and graduate degrees. Provide year and school
attended.
1977, U.S. Coast Guard Academy, BS Government.
1988, Webster University, MA Management.
1997, U.S. Naval War College, MA Strategic Studies and
International Affairs.
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. None.
9. Attach a copy of your resumee. A copy of my Coast Guard
biography is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last five 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 five 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
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
None of these organizations restricts membership on the basis
of sex, race, color, religion, national origin, age or
handicap.
Member, Honolulu Presbyterian Church, 2001-2008
Youth baseball coach, Pony league of Honolulu, 2001-2004
Youth basketball coach, Honolulu Parks and Recreation, 2003
Member, Novato (California) Presbyterian Church, 2008-2009;
2012 to present
Member, Sydenstricker United Methodist Church (Virginia), 2009-
2012
Sydenstricker Pastor Relations committee, 2011-2012
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt. No.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past ten years. Also list all offices
you have held with, and services rendered to, a state or national
political party or election committee during the same period. None.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Department of Homeland Security Distinguished Service Medal
Defense Superior Service Medal
Legion of Merit (2)
Meritorious Service Medal (5)
Coast Guard Commendation Medal (2)
Coast Guard Achievement Medal (2)
Asia Pacific Center for Strategic Studies--Senior Seminar
certificate
Harvard's Kennedy School of Government, National Preparedness
Leadership Initiative certificate
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
20 August 2013--Keynote, Maritime Security Workshop, Los
Angeles, California
02 May 2013--Keynote, Veterans Affairs, Reno, Nevada
30 April 2013--Keynote, Arctic Security Initiative, Hoover
Institute
20 March 2013--Keynote, Golden Gate Breakfast Club
14 November 2012--Keynote, Maritime Risk Symposium, University
of Southern California
26 August 2012--Keynote, Arctic Summit, Girdwood, Alaska
02 August 2012--Keynote, Defense Support for Civil Authorities,
Seattle, WA
14 June 2012--Keynote, ASEAN forum in Singapore
23 May 2012--Keynote, San Diego Military Advisory Committee
07 March 2012--Maritime Opportunities and Challenges in the
High North
02 March 2012--Cross Border Crime Forum in Ottawa, Canada
08 Feb 2012--NDIA panelist--Special and conventional forces in
a new world dynamic
On-Scene Coordinator Report Deepwater Horizon Oil Spill,
September 2011
30 Nov 2011--Keynote, Clean Gulf Conference
19 Oct 2011--Keynote, Asia Pacific Chiefs of Defense Summit
04 Oct 2011--Keynote, George Washington University, National
Incident Response Policy
26 Sep 2011--Keynote, NDIA, Securing Our Borders
12 Jul 2011--Keynote, CSIS Arctic Oil and Gas Development
29 Jun 2011--Keynote, CSIS, Arctic Policy
12 May 2011--Keynote, National Press Club, Maritime Security
12 Apr 2011--Keynote, IDGA, Maritime Safety, Security and
Stewardship
15 Mar 2011--Keynote, Cruise Shipping Conference, Passenger
Vessel Safety and Security
Mar 2008--Keynote, Malaysia. U.S./Malaysia bilateral agreement
combating transnational crime
Mar 2008--Keynote, Republic of the Philippines, Maritime Law
Enforcement
Apr 2008--Keynote, Australia, Multilateral Approach in
Combating Transnational Criminal Organizations
Oct 2007--Keynote, Quadrilateral Defense Talks in Wellington,
NZ, Maritime Security and Maritime Domain Awareness
Aug 2007--Keynote, Asia Pacific Combined Fleet Commanders
Conference, Transnational Criminal Organizations
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
07 Feb 2012--Hearing, Border and Maritime Security
Subcommittee, Balance maritime security and maritime commerce
02 Nov 2011--Hearing, House Transportation and Infrastructure,
Deepwater Horizon Lessons Learned
20 Jul 2011--Hearing, Senate Committee on Commerce, Science and
Transportation, Deepwater Horizon Lessons Learned
12 Jul 2011--Hearing, House Transportation and Infrastructure,
Maritime Interagency and International Law Enforcement
Cooperation
16 Mar 2011--Hearing, House Appropriations Committee, Homeland
Security, Southwest Border Security
21 Jun 2010--Field Hearing, House Appropriations Committee,
Homeland Security, National Contingency Plan/Spill of National
Significance
27 May 2010--Hearing, Senate Committee, Small Business and
Entrepreneurship, National Contingency Plan and Deepwater
Horizon Spill of National Significance
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I have had seven field commands ranging from the Lieutenant junior
grade to Vice Admiral pay grades, and am intimately familiar with the
array of Coast Guard missions, readiness requirements of our people and
platforms, and value that this service brings to our Nation.
As the current operational commander with an area of responsibility
that spans half of the globe, 71 nations and 6 of 7 continents, I have
acquired keen geo-political awareness of myriad issues to include
contested territorial claims in the East and South China Seas,
transnational criminal activity in the Western Hemisphere, increased
human activity in the Arctic, global climate change that bas spawned
more frequent and severe tropical cyclones, the ``ring of fire'' and
disaster response missions, global competition for dwindling fish
stocks, unstable regimes that threaten national security, and homegrown
violent extremists that threaten our way of life in the Homeland. I
have also engendered unity of effort with the nations of Russia, China,
Japan, Canada and South Korea while conducting combined operations
against illegal fishing activity in the Western Pacific Ocean.
Similarly, I have worked with senior naval officers in Mexico in
bolstering a maritime law enforcement regime against the maritime
transshipment of narcotics under the auspices of the Sinaloa cartel.
I also serve on the Coast Guard's Leadership Council comprised of
the Commandant and the Service's 5 Vice Admirals and have tackled
issues related to budget, policy, acquisition, sexual assault
prevention, growing a more diverse workforce, and prudent operational
risk management when our budget could not meet the operational
requirements placed upon the Coast Guard.
As the former Federal On-Scene Coordinator for the Deepwater
Horizon Spill of National Significance, I am one of the few officers in
the Coast Guard who is certified as a NIMS ICS Area Commander while
leading more than 47,000 responders in one of the most complex
catastrophes in the past decade.
And in every capacity, I have made people my highest priority to
include a formal mentoring program, sexual assault workshop and victim
advocacy, family campaign plan, holding commanders accountable for
failing to uphold our core values, and initiating work place climate
surveys that have reflected an inclusive and highest percentile work
environment.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
We must first recapitalize our dysfunctional core accounting system
and build upon the success of our most recent clean audit opinion to
instill public trust in the Coast Guard's stewardship of taxpayer
dollars. We must also strike a balance in funding our multi-year
recapitalization plan against current-year operations, and revalidate
our mission needs statements that drive the requirements for the
recapitalized cutters, aircraft and systems that will serve our Nation
for another 40 years. As a Rear Admiral, I have co-chaired the Coast
Guard's Investment Board, and currently serve on the Coast Guard's
Investment Review Board that finalizes the allocation of funds across
our acquisition, operations and personnel accounts. I have also served
as the Coast Guard's sponsor for all major acquisitions and refined
mission needs statements to reflect the reality that we must ``build to
budget'' first, and apply best acquisition practices such as fixed
pricing schemes to drive down cost. The next step is to engender a
``one-DHS'' approach to major acquisitions, particularly with the Air
and Marine Division of Customs and Border Protection (CBP) with a view
towards commonality of systems to drive down total acquisition cost. I
have worked closely with the current senior leadership within CBP as
well as the operational components of the Department of Homeland
Security, and will invigorate a one-DHS approach to our field
operations as well. In my current assignment, I have established a
Regional Coordinating Mechanism comprised of CBP, Immigration and
Customs Enforcement, Department of Justice, and local law enforcement
agencies at the Coast Guard's Sector in San Diego that has proved to be
a best practice in thwarting transnational criminal operations along
the Nation's maritime Southwest border. I currently have 13,000 Coast
Guard personnel serving for me, and for seven months, supervised more
than 47,000 first responders during the Deepwater Horizon Spill of
National Significance. Under the provisions of the National Contingency
Plan and Oil Pollution Act of 1990, I leveraged more than $25 billion
from the responsible party to garner the necessary resources in
mitigating this spill of unprecedented magnitude, and invited a GAO
audit of my funding authorities and expenditures that culminated in a
clean audit.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
a. Budget. The Budget Control Act lays out milestones for our
Nation to come to grips with its burgeoning deficit, leaving
minimal opportunity for real growth in our budgetary top line.
This dilemma is not unique to the Coast Guard, and affects all
Federal entities alike. Our biggest challenge is a predictable
budget that allows us to strike a balance among our
discretionary (acquisition and operations) and non-
discretionary (personnel pay and benefits) accounts. We are
currently on a trajectory to draw down the number of personnel
serving in the Coast Guard and scaling back on front line
operations to build trade-space for our recapitalization plan.
A multi-year budget approach will afford a much more measured
approach and the time necessary to assess the risks associated
with drawing down the size of the force at a time when mission
requirements are on the rise.
b. Offshore Patrol Cutter (OPC) acquisition. The Coast Guard
serves as our Nation's lead Federal agency for maritime
security. To this end, the Coast Guard is vested with 60
bilateral agreements that authorize the Coast Guard to exert
U.S. sovereignty on internal waters, territorial seas, high
seas, and into the territorial seas of many signatory nations
for threats related to illicit drug trafficking, illegal
fisheries, and maritime carriage of a weapon of mass
destruction. We currently operate a fleet of more than 28
medium endurance cutters that have approached, and in many
cases, exceeded their service life, yet continue to serve as
the nation's sentinel in the offshore (beyond 50 miles) domain.
The OPC acquisition program is absolutely critical to our
national security objectives, and the Coast Guard must down-
select three recently received proposals to a patrol craft that
can concurrently meet our mission requirements at an affordable
price. Requirements and affordability are mutually inclusive,
and will be the subject of my highest scrutiny as the Coast
Guard down-selects the winning proposal within the next 18
months.
c. Sexual Assault. The scourge of this aberrant and criminal
behavior defies our core values honor, respect, and devotion to
duty, and results in a hostile work environment that erodes
operational readiness and public trust. The Coast Guard has
been revered for its humanitarian missions as ``guardians'' and
``lifesavers'', and has taken a similar approach in looking out
for our people through a servicewide Sexual Assault Prevention
and Response Campaign. Only through a series of innovative and
aggressive measures will we be able to change this culture that
enables sexual assault to persist. First is education. Online
applications have proved to be woefully inadequate as reflected
in our sexual assault workshops where too many attendees are
not aware of the distinction between harassment and assault,
the continuum of sexual assault that ranges from inappropriate
touching to rape that all fall under Article 120 of the Uniform
Code of Military Justice. Second is victim advocacy that begins
with unrestricted reporting, and quite frankly, has no
definitive end given the psychological consequences unique to
each sexual assault victim. But the fact that many of the
alleged assaults are perpetrated by repeat offenders, an
offense that does not go reported potentially spreads the
carnage to future victims. Removing the victim from the alleged
perpetrator during the adjudication process is absolutely
critical, and on a case-by-case basis, the Coast Guard may wish
to consider a leave of absence policy for victims, much like we
do for new parents. Third is accountability. I have confidence
in the American system of military justice and the convening
authorities and others who use it to hold offenders accountable
for their acts. I welcome efforts to review our system and make
it even better. And fourth is alcohol awareness. Alcohol has
been the common denominator in most allegations of sexual
assault, and the temperate use of alcohol must first be modeled
within the officer and chief petty officer ranks, then followed
up with intrusive leadership to reverse the destructive
relationship that a small portion of our workforce has with
alcohol.
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.
Please see my Nominee PFDR.
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. None.
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. None.
5. Describe any activity during the past ten years in which you
have been engaged for the purpose of directly or indirectly influencing
the passage, defeat, or modification of any legislation or affecting
the administration and execution of law or public policy. None.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
I will obtain and follow the advice of a Coast Guard ethics
attorney.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain. No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain. No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain. No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain. No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain. No.
6. If you ever served as a general court-martial convening
authority involving an offense involving sexual misconduct or assault,
have you ever disapproved the findings of a court-martial related to
the offense(s) or reduced the sentence adjudged by a court martial,
other than in connection with a pre-trial agreement? No.
7. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination.
I relieved a commanding officer of his duties on 30 October 2012
for projecting a hostile and corrosive work environment to include
profane outbursts of anger that belittled the majority of his 170-
member crew. In response. this officer filed a complaint against me
under Article 138 of the Uniform Code of Military Justice, claiming
that my loss in confidence in his ability to command was arbitrary and
capricious. This complaint was fully investigated by a Coast Guard Vice
Admiral who was recalled to active duty, and the complaint was closed
in March 2013 with no findings to support the Article 138 complaint.
The officer was permanently relieved of his command.
I have continually held a Top Secret clearance for the past 14
years and undergo an extensive background investigation every five
years. There have been no findings whatsoever that compromise my
eligibility for a Top Secret clearance.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistleblowers 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.
______
The Chairman. Thank you very much, Vice Admiral.
I have a number of questions I'd like to ask, one of which
we discussed in my office. It's interesting when you look at
this. What is it now, two months old? Or a month-old search for
the Malaysian plane that crashed? And all of a sudden, you've
discovered you're dealing with under-ocean currents and just
vast forces, which people in ordinary life, including myself,
would not know except when things like this happen. And the
number of man-hours, person-hours that have been put into that
process is yet extended way into the future.
So what I tend to think about, which Senator Begich has on
his mind all of the time so I'll try to take his question away
from him, is the aggressive approach of particularly the Soviet
Union and, to some extent, China towards getting into the most
Northern waters above Alaska so they can drill for oil and gas
because that's where a lot of it is. You, on the other hand,
you're faced with very much older. I think your best ice cutter
is 40 years old. And I don't know what they did 40 years ago
that they would do much more of today. And I don't know whether
that's single hull, double hull, no hull. Let's just pray.
But something that's 40 years old is simply going to be
ineffective in terms of breaking through ice and protecting,
therefore, our interests. I think that's a huge issue because
oceans are 75 percent of everything they dominate, people pay
attention to them. And one of the reasons is that I think that
the Coast Guard doesn't get the attention that it should except
when, you know, the big spills and crises happen is because it
doesn't intersect with people's ordinary lives. But then, when
it does, you're called upon to be perfect and to solve all
problems; even as we continue to cut your budget, have
sequestration; don't do anything with increasing revenues so
that you can, you know, get a couple of new boats, a bunch of
new boats.
So what I'd like you to do is just to reflect a little bit
on your frustrations, or maybe I should just say challenges, as
you look at that situation up there in the North Slopes. And,
what goes through your mind?
Admiral Zukunft. Thank you, Mr. Chairman.
Our responsibilities are growing because our oceans are
growing. We have more open water in the Arctic domain and,
certainly, in 2012 was the greatest recedence of sea ice in
recorded history. With that has come a fourfold increase in
human activity over the last 4 years. This is everything from
oil and gas exploration to ecotourism and other adventures in
transit through the Northern sea route and Northwest Passage as
well.
Much like the Malaysian air disaster, a disaster up there,
survival time is measured in minutes. You know, not in days in
that extreme harsh environment. So it's imperative that the
Coast Guard continues to deploy resources on a seasonal basis
during the relatively ice-free season in the Arctic domain to
ensure that we are Semper Paratus in that part of the globe as
well. We've been operating up there since 1867, since
``Seward's Folly,'' if you will, the acquisition of the great
state of Alaska. And we will be committed to working up there
for the long period ahead as well.
Our National Security Cutters serve as a floating command
and control platform. They were not designed for ice. In fact,
we didn't factor ice into the mission needs statement for the
National Security Cutters. So as we look at what our future
needs are in the Arctic, we need to look at an Arctic domain
that addresses some of our sovereign rights with oil, gas, with
responsible stewardship to that environment up there including
the tribal nations who subsist in that very remote domain. And
also, others that may want to exploit those resources that may
have a maritime security regime. Not to mention the fact we
still need to break ice up there as well.
So we need to look at what the capabilities of tomorrow's
ice breakers are and as we hold in place with the capabilities
that we have albeit with somewhat aging cutters.
The Chairman. That still doesn't give me--and I apologize
for going over my time. The efficiency of, let's say, a modern
Russian ice cutter as opposed to what you have in a Vietnam Era
40 year old, ice cutter. What are the differences?
Admiral Zukunft. Well, they're literally night and day.
You know, the Soviet Union has a fleet of 26 icebreakers.
Some of those have nuclear capability. Our nation--and I want
to emphasize, these are national assets, not Coast Guard
assets. Our country has two icebreakers in service today. A
medium icebreaker, the Coast Guard Cutter HEALY, just over 10
years of service. And then the Coast Guard cutter POLAR STAR
that was just reactivated after being laid up for a period of 6
years. Our nation's third icebreaker, the POLAR SEA, is in
inactive status currently in Seattle.
And as this committee is well aware, we're exploring a
number of options as we look at future needs via what is the
best course of action in terms of POLAR SEA and whether to
reactivate that cutter as well. But we are able to get the job
done with the capability that we have today. But it's not going
to meet the demands of the future.
The Chairman. I thank you.
Senator Thune.
Senator Thune. Thank you, Mr. Chairman. You're dealing like
everybody is with some serious budget realities that require
the Federal Government to do more with less. And, you know,
unfortunately the Coast Guard is no exception. So, Admiral, you
currently serve, as I mentioned earlier, as a member of the
Coast Guard's Leadership Council which addresses a lot of tough
issues facing the Coast Guard including budget and workforce
issues. As Commandant, how would you prioritize the deployment
of Coast Guard resources to ensure that drug interdiction
targets can be met?
Admiral Zukunft. Yes.
We certainly don't do our drug interdictions alone and we
do it in a multilateral process. We have 44 bilateral
agreements that grant us broad authorities up to the
territorial seas and up to the shorelines of a number of
nations that are along the transit zones for drugs destined to
the United States.
As small as the Coast Guard is, by volume, we interdict
over three times the volume of drugs by all Federal, state, and
local law enforcement in the United States. And the drugs that
we interdict are usually at the highest purity level before
they're diluted and then introduced into our inner cities. But
it is a challenge for us going forward.
We have a strong partnership with the Navy, but the Navy
has aging platforms as well; namely the PERRY-class frigates.
And as those are being taken out of service, today we use our
law enforcement teams on those Navy ships to support drug
interdictions. We are doing our best with the resources that I
have at my disposal. And as the Theater Commander in the
Pacific, I have deliberately had to withdraw from doing
operations in the Western Pacific in support of capacity
building for the Pacific fleet and PACOM Commander because my
mission requirements in the Western Hemisphere are such that
the opportunity cost of taking those ships out of theater comes
at a tremendous cost and missed opportunities in conducting
drug enforcement operations.
So it is a challenge. There's good news as well. We are
able to leverage all of the assets that are available in the
national intelligence community of which the Coast Guard is a
member. And much like search and rescue, we're able to take
some of the search out of that. And when it comes to drug
interdictions, many of those interdictions are led by
intelligence of one form or another. So it has made us much
more effective but it does come down to numbers and it does
require resources on the frontline to continue that level of
effort.
Senator Thune. Drug and migrant interdiction are
interrelated missions that have a direct impact on our national
security. There was a recent hearing before the Senate Armed
Services Committee in which former Assistant Secretary of State
Roger Noriega noted that terrorist groups have established
cells in Latin American and used drug trafficking to fund other
terrorist activity. Your experience as Operation Commander of
the Coast Guard's Pacific area, where you spearheaded
coordination among law enforcement agencies dealing with
transnational crime, should serve you well.
In your view what role does the Coast Guard have in
preventing terrorist activity from getting closer to our
coastline? And what goals would you have as Commandant in
carrying out that mission?
Admiral Zukunft. It's probably not just a Coast Guard but
this is a whole of DHS approach. And when you look at the
terrorist threat as we shore up our defenses, if you will,
along our land border, then these activities will fall on the
path of least resistance and then exploit the maritime domain
and vice versa.
So it doesn't really require a campaign approach of both
land and sea as we look at threats that are destined for the
United States. On that note, the Coast Guard fits very smoothly
into the Department of Homeland Security. The five missions
that Secretary Johnson has set out and the work that we do with
our partners that have been illustrated, especially along the
Southwest border where we stand up these regional coordinating
mechanisms, as you have referred to.
Senator Thune. In March, the Inspector General for DHS
released a report examining how the Coast Guard had tracked its
implementation of recommendations issued in the wake of the
Deepwater Horizon oil spill. The IG concluded that the Coast
Guard had not effectively tracked the corrective actions taken
in response to these recommendations. Can you discuss the
policy changes that the Coast Guard plans to make in response
to that report?
Admiral Zukunft. I can. And I wrote the Federal On-Scene
Coordinator's report immediately following that spill before I
relinquished my duties.
There are about 255 findings of the 569 that we have
prioritized and not all of those 569 line items are actionable
or manifest within the Coast Guard. But certainly applying, you
know, incident command system principles and how do you build
unity of effort across whole of government; having the states
that support an area contingency plan that prioritize what
areas that you will protect; and then the methodologies that
you will use to respond to a spill of national significance.
And we have subsequently stood up an Incident Management
Assist Team, who today are down in Houston, Galveston,
assisting in that endeavor. And certainly I would categorize
that as a good whole of government response to a 168,000 gallon
oil spill. But I do look to see that we are better prepared.
One of our challenges going forward is how do you codify
all of the knowledge that was gained during Deepwater Horizon
which is measured in terabytes? And then, how do you archive
that information? And obviously, some of it has litigious
applications but the other has, you know, best management
practices. So that's still an area of work that we will
continue to work on and certainly I will be happy to work with
this committee in pushing those best practices forward.
Senator Thune. Thank you.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Thune.
Senator Nelson.
STATEMENT OF HON. BILL NELSON,
U.S. SENATOR FROM FLORIDA
Senator Nelson. In the lessons learned from the Gulf oil
spill, as applied to the Houston ship channel you just named--
one thing that you've done with that incident's command Center.
What are some of the other lessons learned that you would apply
to another major disaster like another Gulf oil spill?
Admiral Zukunft. Our biggest challenge during the Gulf oil
spill is whole of science. We always talk whole of document
but, you know, we probably mentioned the, you know, the size of
the ocean and we probably know more about the moon than we do
about the sea floor at 5,000 feet.
As the Incident Commander, you know, my challenge was peer-
reviewed information. As we were making daily decisions on, for
example, whether to use disbursements or not, and what is the
long-term effect in getting all of science to peer review but
work within a decision cycle measured in hours, not days,
weeks, and oftentimes, months. As we look at other areas for
potential exploitation, being able to have the scientific
community aligned with policy is absolutely critical to any
step going forward and especially with any area contingency
plan, that we have all stakeholders that have had bought off on
these pre-planned responses to a contingency such as the
Deepwater Horizon.
Senator Nelson. Do you, looking back, believe that you had
the military chain of command so that an order could be given
and it would be carried out by all parties?
Admiral Zukunft. Mr. Senator, this is probably about the
fifth or sixth complex catastrophe, including mass migration,
the Haiti earthquake, that I've been involved in. And, for
whatever reason, when a blue suit shows up at a complex
catastrophe, people usually turn to the Coast Guard whether we
have authorities over these organizations or not.
Kennedy School of Government calls it, you know,
establishing unity of effort in the absence of unity of command
because they don't all fall under that neat Goldwater-Nichols
military construct. But we are able to build unity of effort
because we drive through the incident command system, our
national response system, daily integrated action plans that
brings all stakeholder members to bear, and we do it on a
continuous 24-hour cycle.
And so, it was anarchy at first, I think with any crisis
and the fact that this was an oil spill that reconstituted
itself for 67 consecutive days rather than what historically
has been an instantaneous oil spill.
Senator Nelson. How did you get a unity of effort with BP
petroleum when they had so much at interest that was contrary
to your interests leading the effort?
Admiral Zukunft. Yes.
My role as the Federal On-Scene Coordinator, in
promulgating the daily incident action plan--and this is
everything from directional drilling offshore to the 47,000
responders, and what materials were we going to need to bring
to bear to an oil spill of this magnitude, and that would drive
resource requirements.
On a daily basis I was signing off in excess of $100
million daily expenditures that BP could either front the bill
to bring those resources to bear or using the Oil Spill
Liability Trust Fund, we would do that, but then, through
litigation, go back to BP for reimbursements. So that was a
daily activity built into our battle rhythm. But holding the
responsible party accountable for bringing resources on a
global scale to bear on five states that were impacted by this
oil spill.
Senator Nelson. Take, for example, in the early part of the
spill, BP said that they were losing some minimal amount of oil
5,000 feet below the surface. It wasn't until we got the
streaming video, which a number of us up here had to kick and
scream to finally get that, your experts could then analyze the
amount of oil that was coming out to see that this was
something like 25,000 barrels--gallons, I guess it was. It was
a number that rose from 1,000, which was BP's first estimate or
their first statement, to ultimately 25,000 a day.
How do you get, when you're getting a different
participation from a private sector operator, how do you bring
that into line so that you get exactly the information that you
need as the Incident Coordinator? And in this case, you would
be just like Admiral Allen was at the time. You'll be the top
dog. How do you do that?
Admiral Zukunft. I mentioned earlier, whole of science. We
actually have whole of science to bear on this as well. What
used to be Minerals Management Service, obviously, underwent a
huge organizational change immediately following and during
Deepwater Horizon. But for every drilling permit there is a
worse case discharge number that's provided. Whenever we
experience a calamity like we had in Houston, Galveston, we
default to the worst case number. The fact that BP initially
provided an estimate of 5,000 barrels per day, at the end of
that oil spill through scientific research and analysis--and
Senator I know you had a big part in making sure that video was
streamed. That number grew to 53,000 barrels, was the
approximate number at the end of the oil spill at the height of
the discharge.
But there is information available in the worst case
discharge that the Department of Interior maintains. And we
have a much closer working relationship with the Department of
Interior today than we did leading up to the BP Deepwater
Horizon oil spill which is nearly 4 years ago to the day.
Senator Nelson. Mr. Chairman, thank you.
I just want to say, Lord forbid that we should have another
one of these. But if you're the Admiral in charge, which I
assume you would be, if it's on your watch I think one of the
major lessons learned from the BP oil spill that we didn't have
a military chain of command that directed all the parties,
including BP, of what they were ordered to do. And I hope you
don't have to go through that. But if you do, I would certainly
recommend to you that you use that as a lesson learned.
Thank you.
Admiral Zukunft. Thank you, Senator.
The Chairman. Thank you, Senator Nelson.
Senator Begich.
STATEMENT OF HON. MARK BEGICH,
U.S. SENATOR FROM ALASKA
Senator Begich. Thank you very much.
Thank you very much for being here, Admiral, and your
willingness to take the next command. We had a great
conversation in my office and I appreciate the issues and the
concerns that you had. But also just the discussion in general
about the Arctic and the value of it and the need that will
continue to grow, as you and I both know. Not only from the
Arctic but what people miss a lot of times is the Bering Sea
and the traffic that's moving through there not just for oil
and gas but shipping and transportation, fisheries, a variety
of other opportunities that are going through there.
So first, I do want to talk a couple minutes on the Arctic
but, first, before I do that, I want to tell you a concern. I
know we talked about it when we met and that's the
recapitalization of the Coast Guard Fleet and what it'll look
like in 10 years. And, if we continue at this kind of
acquisition level that we're at, are we going to be able to
meet, really, the needs? Or, do we have to look at how to add
more resources in there? And, if not, and we keep at a certain
pace that we're at now, what missions will suffer because we
just don't have enough equipment? Because my concern is as the
Arctic and Bering Sea become more and more active, we're just
moving equipment rather than adding to it. I know we're adding
some National Security Cutters and some others but just not at
the pace necessary. Can you tell me what will be the missions
that suffer as we continue to have more growth in this area?
Admiral Zukunft. Thank you, Senator.
First, I want to thank this committee because, you know,
having long lead-time materials set aside for the final
National Security Cutter, Number 8, with a budget going forward
will be a tremendous relief for me as we complete the buildup
of that program of record to ultimately make space for other
acquisitions.
My biggest concern right now is the offshore domain. We
have 60 bilateral agreements that cover counterdrug fisheries
and weapons of mass destruction. We're the only organization on
the face of the earth that has these broad authorities that are
global in nature but our limitation is our global reach. And it
really comes down to cutters that can operate in that offshore
environment.
So the areas that will suffer are those where we see
transnational criminal activity that's not constrained by
budget continuing to flourish and it's not just the commodities
that they smuggle but it's the impact it has on regional
stability; particularly in the western hemisphere. What
troubles me is when I look at the murder rates in countries
such as Guatemala, Honduras, and even in Puerto Rico, and much
of that is being fueled by transnational criminal activity and
it's also undermining rule of law as well. Our ability to
enforce our economic exclusive zone which is over a $5 billion
industry, but over $140 billion in the Pacific, you know, that
can suffer as well if we're not able to operator in that
offshore domain.
So that is a challenge that I see going forward.
Senator Begich. Let me ask you on the--I know the Coast
Guard's program record for recapitalization really doesn't
address the long-term polar icebreaker needs. Do you think
there's space, or room, over the next few years to be able to
figure out how to put some more resources in there or is it
just a two-part function; one resources, or is it also
production? In other words, you get the money but there's not a
production line out there to really build these facilities. Can
you give me a thought on that?
Admiral Zukunft. Yes, Senator.
I always have to say, if confirmed.
Senator Begich. Yes.
Admiral Zukunft. But, certainly, whenever a new Commandant
steps in, there's always a sense of an AC change, if you will.
Admiral Papp has been very consistent in his messaging and I
certainly plan to do, you know, follow his lead in that regard.
Working with our departmental Secretary Johnson, as we look at
a whole of government approach for icebreaker recapitalization,
which is truly a national asset as I mentioned earlier. As we
explore the mission needs requirements and what it will take to
recapitalize an icebreaker fleet, we need to carefully assess,
you know, how do we close that window of vulnerability? And
that would include cutters such as the POLAR SEA and
reactivating the POLAR SEA. But, right now, we do not have a
budget plan, a capital investment plan, that provides us the
trade space to bring that onboard today.
Senator Begich. If you're confirmed, is that something that
you'll re-examine?
Admiral Zukunft. I certainly will.
Senator Begich. Last, let me just say last on the report
that you recently did on the Kulluk. I thank you for that; the
work you all did on that. I know, and I want to emphasize here,
and I would think you would agree with this, the issue wasn't
oil and gas exploration. It was the movement of a piece of
equipment and a transportation issue. And that there were
clearly mistakes made but a good, detailed report lays out what
should be done and what can be done. And I know Shell is very
responsive to that but I want to--because I know sometimes that
report has been moved into another arena of debate. That it's
not about the oil and gas exploration. This was hundreds of
miles. I know on the map of the United States, Alaska looks
very small because that's how they draw it. But, in reality, it
was probably 900,000 miles away from the actual activity of oil
and gas. It was transporting that vessel which was in question
about how they transport it. Is that a fair statement?
Admiral Zukunft. It is.
Senator Begich. OK.
And last, for the Coast Guard, the thing I always hear from
District 17 is the biggest concern they have right now is that
corridor, the Bering Sea corridor, of transportation and what's
going through there and what they're not aware of that is not
all oil and gas, it's everything. Is that a fair statement?
Admiral Zukunft. It is. And that's why having presence in
that domain is absolutely critical.
Senator Begich. Very good. Thank you.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Begich.
Senator McCaskill.
STATEMENT OF HON. CLAIRE McCASKILL,
U.S. SENATOR FROM MISSOURI
Senator McCaskill. Thank you, Mr. Chairman.
As you know, Admiral, the barge traffic in my state is very
important to the health of our economy. In fact, to our country
because of the agricultural products that need the barge
navigation.
You all place buoys along the channel between Kansas City
and St. Louis at the direction of the Army Corps. And the
problem is, in talking to Missouri base river operators and the
Inland Rivers, Ports and Terminals Association, these markers
are not accurate. And you all know they're not accurate. You
know that the river channel has changed but the buoys don't
move. So that means all of these barges have to send out recon
boats to actually do this for themselves.
So, you know, there are so many things about this that
doesn't make sense. Why mark it at all if it's not going to be
accurate? Why go to the cost and expense of doing that if the
barge traffic knows they can't rely on them with any certainty
that they are accurately showing them where the channel is? Do
you think you can do something about that?
Admiral Zukunft. We're certainly looking at that, Senator.
And as you know, you know, the river bottom does shift with
sediment buildup and that is just a question of how soon we can
relocate those buoys into deeper water. So it's a never-ending
process.
There's another element to that and that is the
recapitalization as well of that inland water buoy tender fleet
as well. Rather old assets. Many of these are approaching 60
years of service. Of course, they operate in a more forgiving
freshwater environment but it is a capacity challenge for us as
well. But certainly, I will keep a very close----
Senator McCaskill. Well, I would work with you on this
because it, you know, especially if you all are just doing what
the corps tells you even though that might be outdated and
inaccurate. And not only is your fleet old and a problem, the
buoy tenders, you're not even doing it correctly to provide
guidance. So maybe it's time to figure out a different way to
approach this.
So I'll look forward to you coming up with some solutions
and I'll be open to those even if it means you all stepping
back from some of the responsibilities you've had or maybe
taking the Army corps out of the equation. I think you all have
enough expertise to figure out where the channel is.
Second, you all--two of the tenders, the CHEYENNE and the
GASCONADE that are operating along this section of Missouri
River, they have been taken out of performance for routine
maintenance during the season that barge traffic is heaviest;
between April and December. Is it possible that we could figure
out a way to have that maintenance done during the months that
they are not needed for the heaviest months of barge traffic?
Admiral Zukunft. Senator, I will take a very close look at
that. These are very old ships and at times some of this is on
scheduled maintenance. So we will certainly take a close look
at that recognizing there's a peak season, especially when
those buoys need to be watching properly.
Senator McCaskill. OK. Thank you.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator McCaskill.
Senator Blumenthal. I'm sorry. Senator Cantwell.
STATEMENT OF HON. MARIA CANTWELL,
U.S. SENATOR FROM WASHINGTON
Senator Cantwell. Thank you, Mr. Chairman, and thank you
for holding this important hearing.
And, Admiral, thank you for your service and your
willingness to serve more. And I certainly enjoyed my
colleagues communicating about this issue of the Arctic.
Something that I think we've had a brief chance to talk about
but I thought for purposes of this discussion, just to clarify
for people about the activity in the Arctic and the, you know,
geographic region and transportation through the Arctic, is the
big question here. And as we see a changing climate the more
people that are going to be using the Arctic and the fact that
we want to be competitive with our shipping interest in the
Arctic as well, we all want to be able to say we do business in
the Arctic.
But the second chart, I think, is the one that I'm most
interested in getting your feedback on because I believe that
that chart shows the number of icebreakers that various
countries have; the Russians and the Swedes. And here we are
down at the bottom with two. And, as you mentioned in your
testimony, even that, with where we are with the POLAR SEA, is
somewhat of a question on deployment.
So the 2010 Coast Guard high-latitude studies stated the
Coast Guard requires three heavy and three medium icebreakers
just to fulfill its statutory mission and/or six heavy and four
medium icebreakers to fill its statutory mission and meet the
requirements of naval operations concepts. Do you think that
still makes sense? Is that the----
Admiral Zukunft. Yes, Senator.
I was actually, you know, working here in Washington, D.C.,
at the completion of a high-latitude study which did call for
three heavy and three medium icebreakers.
Senator Cantwell. And while there's a popular movie with
Drew Barrymore in it, you know, to save a Dolphin and calling
out, I think it was a Russian Icebreaker, our plan is not to
call the Russians; right? That we're going to have our own
capacity?
Admiral Zukunft. We have an opportunity through the Arctic
Council going forward; the creation of an Arctic Coast Guard
forum. We clearly have some challenges with Russia with where
we stand today with policy on Russia. But when we look at some
of the imminent threats and most of those are environmental and
safety of life at sea. In those two realms, there is an
opportunity for a coalition approach. But when it comes to
sovereign interests, the United States is lagging behind, as
your chart well depicts, the other primary Arctic nations.
Senator Cantwell. OK.
Are there other branches of service that have Arctic
interest that would benefit and thereby also want to help in
the contribution of funding icebreakers?
Admiral Zukunft. There are clearly a number. We're working
with our department right now in exploring a whole of
government approach to address the number of Federal agencies
that do have equities in the Arctic. A number of those I
mentioned in my oral testimony but certainly the National
Science Foundation would be among those as well, Department of
Interior, Department of Defense. So there are a number of
stakeholders.
Senator Cantwell. Navy?
Admiral Zukunft. And the Navy.
Senator Cantwell. Very specifically.
Admiral Zukunft. Right.
Senator Cantwell. Right.
Well, this is a very keen interest obviously to my
colleagues, Senator Begich and to myself, and many of my
colleagues from the Pacific Northwest. So we certainly want to
make more traction than we've made in the past on this.
But let me also get you on the record because obviously we
have a lot of other transportation issues in the region and one
of it is this transport of oil sands. You know, you might have
seen that spill they had in Kalamazoo, Michigan, and they ended
up doing a lot of dredging, I think. That's not something
that's going to work in the Pacific Northwest.
So what is your response to how we would protect ourselves
and address the risk of oil sands in the Pacific Northwest?
Admiral Zukunft. Some of the----
Senator Cantwell. Whether it's on our side or the Canadian
side, because going through Rosario Strait there we're very
concerned that even if somebody chose to ship that oil sands on
the Canadian side, I mean, the water knows no real boundary
when it comes to the oil. So----
Admiral Zukunft. Yes.
My first concern is the volume that's being moved by
intermodal means; by rail car, by barge. And we've seen
catastrophes in both those modes of transportation. Tar sands
has a high benzene content, so the vapors from that are
certainly detrimental to a densely populated area initially.
But the response protocols for that are much similar to a light
diesel or even a gasoline spill.
So we have research and technology on how to respond to
that particular spill but then, as the heavier sediments
settles out and sinks, our technology is not as sophisticated
when you have tar sands that are now heavier than water and
then settle on the ocean bottom. So it is a challenge for us.
Senator Cantwell. Mr. Chairman, I see my time has expired
but I think I'll submit a follow-up question on that because I
think that's really getting to the crux of we want to
understand whether the Coast Guard feels a new process should
be undertaken for this technology or whether we're going to say
that this isn't a safe route for transportation. Because we
certainly can't afford to have a spill like we've had in other
places happen in that particular area; too damaging to salmon
and other resources.
The Chairman. Go ahead
Senator Cantwell. OK. I see my colleague's here.
So do you believe that a new process for understanding the
technology--do you know a new list of requirements? Or how
would you approach that?
Admiral Zukunft. Certainly, with the heavy sediment within
this product is a concern of mine. And then, how is that safely
moved? And so, it is worthy of further study especially if the
volume of the movement of this is going to increase by sea-
going conveyance.
Senator Cantwell. So would you say that we don't really
have a plan for cleaning it--we don't have the technology
available to clean this up if, in fact, we did have an
incident?
Admiral Zukunft. Two-part question. For surface removal, we
have very sophisticated technology. Once it settles on the sea
floor, our technology is lacking in that regard.
Senator Cantwell. Thank you.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Cantwell, very much.
It is actually very interesting that there have been
several major changes on this committee in the last several
years. And I think the most important of them is the influence
of those who represent the Northwestern part of our country as
opposed to, not necessarily a lesser intensity, than the
Northeastern part, but the Northeastern part has always been
represented. The Northwestern part has been less so. And I
think particularly that first map that you put up, I wished
you'd just sort of give that to me and I'd put it up in my
house. Sharon might object but that'd be all right. Because
that's a real teacher of what's coming. It's a real teacher of
what's coming.
So with that said I'm going to go to Senator Blumenthal to
be followed by Senator Markey unless you choose to stand and--
--
[Laughter.]
Senator Blumenthal. You know what----
The Chairman. We do this all the time, folks. Don't get
upset.
[Laughter.]
STATEMENT OF HON. RICHARD BLUMENTHAL,
U.S. SENATOR FROM CONNECTICUT
Senator Blumenthal. Senator Rockefeller, thank you very
much for letting me go next even though I am from a
Northeastern state.
Senator Markey. And even though the home of the NCAA Final
Four Champion as well, Connecticut?
Senator Blumenthal. And pivoting from that question, thank
you, Senator Markey.
The Chairman. That's a very crude thing to bring up, don't
you think, Senator Blumenthal, in a cerebral hearing?
[Laughter.]
Senator Blumenthal. I'm assuming that the witness is, in
fact, a UConn fan since he is a native of Connecticut. At least
he is a UConn fan today at the hearing.
Thank you for being here. Thank you for your service to our
Nation. And you do us proud as a Connecticut native. Thank you
for all your great work. And I look forward to working with you
particularly on Long Island Sound, an issue that affects us so
directly and urgently where the Coast Guard has been a vital
friend and servant of all of our interests in preserving safety
and environmental values.
So we are very grateful to you and I look forward,
particularly, to working with you on the Coast Guard Museum as
you and I discussed. It's the only nature of military service
that has no museum serving. It's seemingly a small issue but it
is one that matters a lot.
I want to focus especially on the cruise ship industry. And
the Coast Guard, as you know, conducts comprehensive exams of
cruise ships semiannually. Ships that have been detained in the
last 3 years are examined on a quarterly basis. Senator
Rockefeller has been a leader in the area of cruise ship
safety. I've been pleased to follow that lead.
At a National Transportation Safety Board meeting a couple
of weeks ago the Coast Guard announced that it will begin
announced examinations of cruise ships and these inspections
would target ships that have a history or pattern of
noncompliance. As you well know, the number of recent incidents
have increased public concern over passenger safety, security,
and health; not to mention the enjoyment that they have on
cruise ships. The Costa Concordia, the Carnival Triumph, all
raise this issue in the public headlines but there are many
other issues that may not reach that degree of public
attention.
So my question to you is, sir, what's your assessment of
this problem and the Coast Guard's ability to affect increased
safety aboard cruise ships?
Admiral Zukunft. We've set up a national center expertise
that's focused on the cruise ship industry. As you mentioned,
we do semiannual exams but there are concerns about
transparency. This is an industry that's seeing a growth phase.
So we expect to see--there's going to be more activity, and
let's say for-profit competition among the cruise ship
industry. So doing unannounced inspections rewards good
behavior, just as we track, you know, what past practices are
within that fleet to certainly honor those that are in full
compliance. But that's really the next step going forward as
we've seen a spate of these events transpire. And even though
we're on there every 6 months, you know, an unsafe practice may
surface and go unreported several months and then it becomes
headline news.
This is really in the best interest of the cruise ship
industry as well. We have a very close working relationship
with them. But this really dates back to when we started doing
boiler inspections when boilers would blow up back in the
steamship days of the 1800s. So we're now dealing with a much
more complex industry but we're resourced to do that and I'm up
to this challenge.
Senator Blumenthal. You mentioned the issue of
transparency. If you're confirmed, would you commit to making
public the reports from the Coast Guard cruise ship inspections
as a matter of public record?
Admiral Zukunft. Senator, I will need to study that a
little bit more and, certainly, would look forward to working
with you.
Senator Blumenthal. Thank you.
Admiral Zukunft. And certainly, my interest is to be as
transparent as possible.
Senator Blumenthal. Certainly, I would hope that those
reports and records will be made transparent. Because, as we
all know, the more consumers know the better choices they can
make about where they vacation and where they go. Thank you
very much.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Blumenthal.
That's a very important point. We've just, after a six-year
battle, asked to release and have--well, therefore will get
released a part of the 63,300 pages which chronicles the
interrogation techniques used by, principally by the CIA and,
in many cases, by subcontractors who had no experience
whatsoever. It's a shocking document. And we had to fight
absolutely totally to get that released. Not within the
Committee, that was easy. And we did so this week. But that
kind of transparency is the essence of what America needs to
know.
And now, Senator Markey.
STATEMENT OF HON. EDWARD MARKEY,
U.S. SENATOR FROM MASSACHUSETTS
Senator Markey. Thank you, Mr. Chairman.
Admiral, the Arctic ice is melting, seas are rising,
climate change is real. How does that affect the mission of the
Coast Guard in the years ahead?
Admiral Zukunft. On a number of fronts, Senator. You know,
we did see in 2012 record recedence of sea ice and, as I
earlier mentioned, a fourfold increase in human activity just
in the last 4 years up in the Arctic domain. Clearly, one of
the most pristine environments on the face of the earth.
We're encouraged by the progress of the Polar Code as we
look at some of those challenges, but the immediate ones that I
see are environmental stewardship and safety of life at sea in
a very remote portion of our Arctic. We are an Arctic nation
but I don't have the capacity I need to be present for the
myriad of threats that we're going to see in that domain.
Senator Markey. So right now you don't have the capacity to
deal with this unfolding change?
Admiral Zukunft. I do not.
Senator Markey. And I think that's important for us to
understand that climate change is having an impact on the Coast
Guards' ability to do its job.
And an increasingly ice-free Arctic Ocean there's a demand
for new oil drilling up there. You know, talking about human
activity and oil drilling is a human activity. And last week
the Coast Guard released its report on the Shell oil drilling
rig that ran aground in Alaska on December 31, 2012. As it was
being towed back from the Arctic during a period of bad
weather.
The report, your report, found that a number of serious
problems, including that a desire by Shell to avoid potentially
having to pay millions of dollars in taxes on the rig, had
remained in Alaskan waters on January 1, influenced the company
decision on the timing of moving the rig. Just to avoid taxes,
they kept it in a dangerous situation. The report found that
Shell continued to move the rig despite forecasts of
increasingly bad weather shortly after departure. And it
uncovered numerous problems with key pieces of equipment and
deficiencies in pre-voyage inspections.
Do you think that before Shell or any other company
attempts to drill again in the harsh environment of the Arctic,
all of the issues identified in the Coast Guard report should
be addressed to ensure that Shell or any other company is
operating to the highest possible safety standards?
Admiral Zukunft. Senator, I could not agree more and look
forward to working with this committee.
There were not procedures in place before towing
mechanisms. And that towing system failed and, of course, there
were also several other systems that failed but were not
reported in a timely manner. And obviously there were some risk
management decisions that would cause one to question was that
a crucial course of action.
But first and foremost would be working with the Towing
Safety Advisory Committee as we look at better procedures to
safeguard the movement of vessels under tow in the Arctic. And
certainly, I will look forward to working with this committee
in that endeavor.
Senator Markey. Thank you.
Just to follow up on that then, the Coast Guard report
found that Shell's towing plan was ``Not adequate for the
winter towing operation crossing the Gulf of Alaska. The plan
was not adequately reviewed and lacked the proper contingency
planning.'' The report further found that, There is a lack of
regulatory requirement for the Coast Guard to review or improve
towing operations of this nature.''
Do you believe that the Coast Guard should work with
Congress so that there is an ability to properly review these
plans to ensure that they are not deficient?
Admiral Zukunft. Senator, absolutely.
Senator Markey. Thank you.
And finally, Admiral, I wanted to raise with you the Coast
Guards' December 27, 2013 Notice of Proposed Rulemaking
entitled ``Assessment Framework and Organizational Restatement
Regarding Preemption of Certain Regulations Issued by the Coast
Guard.''
Nobody but the Judge Advocate General of the Coast Guard
probably knows what that means. But I am concerned that the
Coast Guard is moving forward on this rule without adequately
consulting the states. I am concerned that it could have the
unintended consequence of negatively impacting states' laws
protecting their coasts. In particular, I'm worried that it may
impact the Massachusetts Oil Spill Prevention and Response Act
that was passed in the wake of the 2003 oil spill in Buzzards
Bay, which caused extensive damage in a critical coastal area
for commercial and recreational fishing and other coastal
businesses.
Will you commit to looking at the rationale for this
proposed rulemaking and engaging with the State of
Massachusetts and other concerned states on this issue to make
sure that the law of unintended consequences or intended
consequences which runs contrary to state interests is, in
fact, kept in mind?
Admiral Zukunft. Certainly, Senator.
I mean, as someone who grew up in Connecticut, I actually
caught my stripers in Buzzards Bay. And so, I'm very well
familiar with the concerns of the State of Massachusetts.
Certainly, any Federal rulemaking would be through a public
hearing process engaging all stakeholders and addressing the
very concerns that the State of Massachusetts has raised as it
applies to barge movement though Buzzards Bay.
Senator Markey. Beautiful.
Admiral Zukunft. You have my commitment.
Senator Markey. Thank you, sir.
And along with you, you're going to do a great job. Thank
you.
The Chairman. Senator Markey, can I just be rude enough,
because your question interested me. Because, I assume, that
means that what you passed in Massachusetts is stronger and
more stringent than what we have done.
Senator Markey. We don't know exactly what is going to
happen in terms of impacting our ability to protect our own
coastline. We just wanted to make sure--Governor Patrick,
actually, and the state--they wanted me to make sure that we
put this flag out there just to make sure that what they do is
done in conjunction with the State of Massachusetts and other
states to not have our ability to protect our coastline.
The Chairman. Well-spoken by the Northeast.
[Laughter.]
The Chairman. Vice Admiral, I can't thank you enough. And
when you talked, I think you said 37 years?
Admiral Zukunft. That's correct.
The Chairman. That's a very long time. I think I have to
pay special respects to your wife.
You know, we in politics sometimes think that we're busy
and that we're always off--actually when you retire from
politics you don't have to raise money, do you? You don't have
to do all the things--in any event, I think you've done
superbly. You had certain constraints when I asked you, for
example, about the difference between a Russian and a U.S., you
can answer that. You're not allowed to answer that. And I know
that. But I think you've been very forthright with us and as
much as a military person can be.
And I think that you're going to whiz right through here.
You'll be out of here before you know it. Then the next
question will be--to get you done on the floor which is more
difficult. But I think in your case not a problem.
So, at this point, I'm going to ask Senator McCaskill,
who--I think this is the first day in the last five or six that
she hasn't, sort of, dominated the television airwaves.
[Laughter.]
The Chairman. And we also have the Consumer Product Safety
Commission and some very important nominations to deal with on
that. And I'm going to ask her if she would be so good as to
take over the chair for that.
Senator McCaskill [presiding]. Thank you. Thank you, Mr.
Chairman.
Thank you, Admiral.
If our nominees for the CPSC would come forward.
[Pause.]
Senator McCaskill. Congressman, if you and Senator Udall
would--I'm trying to make sure we can get to our votes, Senator
Udall.
Mr. Tierney. Senator McCaskill, you're trying to move us
along.
Senator McCaskill. I am trying to move you along with a
smile on my face.
Mr. Tierney. OK.
Senator McCaskill. It's good to see both of you. We're
happy to have you. I understand that both of you are here to
introduce nominees.
So we will turn it over to you, Senator Udall, for your
introduction.
STATEMENT OF HON. TOM UDALL,
U.S. SENATOR FROM NEW MEXICO
Senator Udall. Thank you very much.
And good bye to Senator Rockefeller and distinguished
members of the Committee.
It's a pleasure to be back with you here on the Senate
Commerce Committee. While I no longer serve on the Committee, I
still appreciate working with you on many issues. That includes
important efforts to improve children's products safety like
the Youth Sports Concussion Act which will be considered during
your markup tomorrow.
And I want to thank Chairman Rockefeller for all the work
you've done with me on this issue. You and your family have
done so much already to advance research and treatments for
brain injuries.
But today I have the honor of introducing a fellow New
Mexican, John Mohorovic, who is nominated for the position of
Commissioner of the Consumer Product Safety Commission.
CPSC plays a vital role in protecting the public and
especially children from injury from unsafe products. Mr.
Mohorovic is qualified for this position with his experience at
CPSC and in the private sector. He served in several roles at
CPSC where he helped establish the Office of International
Affairs and Programs. This office is crucial in ensuring the
safety of imported consumer products. Joe also worked at
InterTek where he helped companies assure the quality and
compliance of their products, especially across complex supply
chains.
So he brings an understanding from both his public and
private sector experience of the challenges of ensuring product
safety in today's global economy. Joe has a commitment to
public service; he represented the Northeast Heights area of
Albuquerque for two terms in our state legislature. He earned
his MBA from the University of New Mexico and received their
Young Alumni Award for professional success and community
service.
Joe also served for years as a youth football coach in
Albuquerque. So he and I share a commitment to promoting youth
sports participation and safety. CPSC helps oversee both
mandatory and voluntary standards for helmets and other sports
gear.
And let me also say a few words about Elliot Kaye, the
other CPSC nominee before you today. I've worked closely with
Elliot during his time at CPSC. He should be thanked for his
work as Chief of Staff for former Chairwoman Tenenbaum on
football helmet safety and sports concussion. He brought
together sports leagues, manufacturers, and the Centers for
Disease Control to get the latest safety information to youth
coaches and athletes, and to replace outdated youth football
helmets. So this is just one area where I know both CPSC
nominees can work in a bipartisan manner to improve consumer
protection and children safety.
Chairman McCaskill, and members of the Committee, thank you
for allowing me to introduce my fellow New Mexican, Joe
Mohorovic, to be Commissioner of the Consumer Product Safety
Commission. I appreciate the Committee's work to consider Joe
and Elliot Kaye for these important positions.
Thank you very much, Senator McCaskill.
Senator McCaskill. Thank you, Senator Udall. It's good to
see you.
Congressman Tierney.
STATEMENT OF HON. JOHN F. TIERNEY, CONGRESSMAN,
6th DISTRICT OF MASSACHUSETTS
Mr. Tierney. Senator McCaskill, thank you very much for
allowing me to come before you today.
It's my distinct honor to come before you today to
introduce Elliot Kaye and for you to consider his nomination to
serve as Chairman of the United States Consumer Product Safety
Commission.
It would seem to me, respectfully, that Elliot has the
exact type of background that would be ideal for this position.
He's steeped in both the policy implications and the process of
the Commission. He's had broad experience working successfully
with personnel across the agency. He has coordinated and
managed negotiations at the Committee level on numerous agency
rulemaking efforts, including three of the Chairman Signature
Safety Achievements; adoption of the world's most stringent
standards for cribs; creation of a publicly available database
for consumers to search and file reports of harm; an enactment
of a requirement for independent periodic third-party safety
testing for all children's products; he's led high-profile
ongoing safety initiatives for the chairman, including working
to reduce the risk of brain injuries in youth sports;
addressing the severe hazard to children from injection of
small batteries; and combatting deaths and injuries from carbon
monoxide poisoning.
Prior to serving as Senior Counsel to the Chairman, then
Deputy Chief of Staff and Senior Council, then Chief of Staff
and Senior Council and Executive Director, his life and work
experiences prepared him well for the role that he would play.
I was fortunate to work with Elliot when he was Legislative
Director and then Chief of Staff and Legislative Director for a
five-year period in my office. His ability to grasp complex
issues, to lead people, and to fashion solutions was obvious
early on. He went on to acquire a solid legal education;
clerked for distinguished jurors; and was a serious litigator
for respective law firms, again, handling complex cases and
negotiations, exhibiting his ability to work with people too,
in creating solutions.
But you can read about that in his resumee. I'd like to
mention a bit about his character and work ethics. Elliot never
shied away from difficult situations. He regularly took the
lead in forging answers to pressing problems regardless of the
number of hours in a day it demanded. More impressively, he
always stood for what was right and just in any given
situation.
A leader of the Commission must have the respect of those
working with him, of Administrators, of Legislators, and of the
public. From my experience with Elliot, I can emphatically
state that he will earn and maintain the respect of all. He is
absolutely honest, forthright in his dealings with others,
loyal, and thus commanding of loyalty from others.
As his background reflects, he will be guided by the facts
whichever way they lean and will resolutely search them out
before making any conclusions. His integrity is unquestionable
and his work ethic is unimpeachable.
It's with great pleasure that I introduce to you Elliot
Kaye, your nominee for the Chairman for the United States
Consumer Products Safety Commission and appreciate your
consideration.
Senator McCaskill. Thank you so much, Congressman Tierney.
It's great to have you in front of the Committee today and we
appreciate you taking the time to come over.
Mr. Tierney. It's a pleasure to be here. Thank you.
Senator McCaskill. And now, if our two nominees will come
forward.
[Pause.]
Senator McCaskill. I'm pleased to chair this second panel
today to consider two nominations for the Consumer Product
Safety Commission; a small agency but with a critical and large
mission of protecting Americans from unsafe consumer products.
Today, we'll consider two well-qualified nominees with
extensive knowledge and understanding of the Consumer Product
Safety issues.
I'll start with Mr. Elliott Kaye who is nominated to serve
as Chairman of the CPSC. Mr. Kaye's qualifications for the
position are deep and nearly unmatched in recent years. He has
been with the CPSC since 2010 a time when the Commission has
been extremely active implementing the requirements of a
sweeping new consumer protection law, the Consumer Product
Safety Improvement Act, which was enacted in 2008. He came to
the CPSC to serve as Chief of Staff as Chief Counsel to former
Chairman Inez Tenenbaum. He's currently the Executive Director
for the Commission.
Mr. Joseph Mohorovic; is that correct?
Mr. Mohorovic. It is.
Senator McCaskill. OK.
Mr. Joseph Mohorovic is Senior Vice President of Strategic
Management of InterTek; a company that conducts consumer
product testing and inspections. Through this position, I
expect he has a stronger understanding than most of the
challenges faced by both government and industry in ensuring
the safety of toys and other products. Mr. Mohorovic is also
long experienced with the CPSC, having worked at the Commission
from 2002 to 2006 including as Chief of Staff to former
Chairman Hal Stratton.
The CPSC has long been a neglected agency until the passage
of the CPSIA, which was prompted by the discovery of dangerous
amounts of lead in millions of toys and other children's
products. The Commission had been underfunded and understaffed
and simply did not have the means to monitor what was on our
shelves. Congress passed CPSIA to provide the protections all
Americans deserve against harmful and hazardous products. While
there have been some bumps in its implementation, the law has
rejuvenated the CPSC thanks in large part to the committed
leadership of former Chairman Tenenbaum.
I hope the two nominees here today will help carry on the
strides the CPSC has made in recent years and ensure the
Commission remains vigilant over the 15,000 kinds of consumer
products it monitors. In this regard, I appreciate that both of
these nominees have extensive experience and expect that, when
confirmed, you'll be able to jump right in without any learning
curve.
Furthermore, I hope that you will help to reduce the
unnecessary partisanship that has plagued the Commission in
recent years. This is a vitally important agency and its
Commissioners should be able to constructively work together in
the interests of the American public. I realize I'm sitting in
a glass house when I give you that ammunition but, nonetheless,
I'd just say what I say to my children, ``Do what I say. Just
do what I say. Don't pay any attention to what I do.''
Seriously, I know that Congress is having great difficulty,
but I hope that both of you take very seriously this important
part of your job is to get beyond some of the partisan
squabbling that has hampered the activities of the Commission
recently.
Welcome to both of you and I look forward to both of your
testimony.
We'll begin with you, Mr. Kaye.
STATEMENT OF ELLIOT KAYE, CHAIRMAN
AND COMMISSIONER-DESIGNATE,
CONSUMER PRODUCT SAFETY COMMISSION
Mr. Kaye. Good afternoon, Chairman McCaskill, distinguished
members of the Committee. It is an honor to be here today as
the nominee for Chairman of the U.S. Consumer Product Safety
Commission.
I would like to begin by introducing two members of my
family. My wife, Kanae, please stand up.
[Laughter.]
Mr. Kaye. Kanae is Country Officer for Haiti at the World
Bank. She inspires me every day, from her unequaled skill as a
parent, to her deep and abiding commitment to helping people in
strife-ridden countries. With her is our nine-year-old son,
Noah.
Master Kaye. That's me.
[Laughter.]
Mr. Kaye. Whose knowledge, I would say, of Consumer Product
Safety Law means he might be the better Mr. Kaye to be sitting
here.
[Laughter.]
Mr. Kaye. We were not able to bring our 4-year-old son,
Ethan, whose level of energy is not exactly compatible with
this setting. I love Kanae, Noah and Ethan as much as is
humanly possible. I'm a far better person because of them.
I would like to congratulate Mr. Mohorovic on his
nomination and look forward to serving with him if confirmed. I
would also like to express my gratitude for the support of
Acting Chairman Adler and Commissioners Robinson and Buerkle.
And I am deeply moved by the support of so many CPSC staff,
especially DeWane Ray, Jay Howell, Michelle Ziemer, and Sydney
Lucia from my office.
My career was born, so to speak, in January 1993 when I
started as an unpaid intern on the Hill. But my career matured
years later, when I went to work for Congressman Tierney. I
learned from him what a tremendous force for good government
can be, especially when it serves to bring people together from
many different viewpoints to solve problems. I am a far more
effective and well-rounded public servant because of Mr.
Tierney. And I thank him for his very kind words of support
today.
After law school and a year in private practice, I had the
great fortune to clerk for a U.S. District Court Judge,
Sterling Johnson. I learned from the judge the art of reading
people and situations and the power of not taking oneself too
seriously. I've a far better perspective because of Judge
Johnson.
I also struck gold a few years ago when I was hired by then
CPSC Chairman Inez Tenenbaum who taught me about combining
great leadership with great compassion. Because of her, I
learned about the relationship between effectively leading a
large group of people and truly connecting with them as
individuals. And, in large part because of her efforts, I sit
before you today.
Chairman Tenenbaum, thank you for making a special trip to
be here.
The CPSC is a very special place to work. Consumer product-
related deaths and injuries are not just numbers to us. They
are the people whose stories motivate us to be even better at
what we do. They are young brothers from Minnesota who were
poisoned by carbon monoxide from a furnace. They are an 81-
year-old woman who died after becoming entrapped in a bed rail
at her assisted living home in Washington. And they are a
little boy who died when he became entangled in a window blind
cord in nearby North Bethesda. His mom was quoted in saying she
found a tiny handprint on the window near where he got caught.
As it should, that image haunts me. And as it should, that
image drives me. It drives me to solve safety problems. My
track record at the Commission has been to reach out to a wide
coalition of stakeholders to try to find safety solutions. I've
done this with football helmet manufacturers and
representatives from the NFL down to youth football on trying
to reduce the risk of brain injury. And I've done this with the
major battery manufacturers in trying to address the life-
threatening chemical burn hazard to children who swallow coin
cell batteries.
There are times that when the agency needs to employ all of
the tools that Congress has provided us. If confirmed, I would
continue the thoughtful and deliberative approach I've taken
during my time at CPSC.
We have significant safety challenges facing us. New and
unique hazards continue to emerge. Hidden hazards persist in
causing injuries and deaths. If confirmed, I would look forward
to working across the agency and hopefully with our
stakeholders to find solutions.
We also face challenges in identifying noncompliant
products at the ports. In the CPSIA, Congress directed us to
better target hazardous imports. We have been running a
successful pilot of that program and now we're requesting a
funding mechanism to run a full-scale version. Consumers are
better served by us catching those products before they enter
our markets, and compliant trade is better served by us
focusing on those companies not following the rules.
If confirmed, I would look forward to working with this
committee on expanding our import safety program, on other
safety priorities, and on finding ways to reduce the cost of
third-party testing while still assuring children's products
are compliant.
And if confirmed, it would be an honor to lead the CPSC,
its wonderful staff, and build upon their great achievements in
recent years.
Thank you again, Chairman McCaskill, Ranking Member Thune,
and the members of this committee. I look forward to answering
your questions.
[The prepared statement and biographical information of Mr.
Kaye follow:]
Prepared Statement of Elliot F. Kaye, Nominee for Chairman,
U.S. Consumer Product Safety Commission
Good Afternoon, Chairman Rockefeller, Ranking Member Thune and the
distinguished members of the Committee.
Thank you for the opportunity to appear before you today as the
nominee for Chairman of the U.S. Consumer Product Safety Commission.
I would like to begin by introducing two members of my family. My
wife, Kanae, is Country Officer for Haiti at the World Bank. She
inspires me every day, from her unequaled skill as a parent to her deep
and abiding commitment to helping people in need, especially in strife-
ridden countries. Sitting next to Kanae is our nine-year-old son, Noah.
We were not able to bring our four-year-old son, Ethan, whose level of
energy is not exactly compatible with this setting.
I love Kanae, Noah and Ethan as much as is humanly possible. I am a
far better person because of them.
I would like to congratulate Joe Mohorovic on his nomination and
look forward to serving with him on the Commission, if confirmed. I
would also like to express my gratitude for the support of Acting
Chairman Bob Adler and Commissioners Marietta Robinson and Ann Marie
Buerkle. And, I am deeply moved by the support of so many CPSC staff,
especially DeWane Ray, Jay Howell, Michelle Ziemer, and Sydney Lucia
from my office.
Though my family was in the textile business, I chose public
service as my path. My career was born, so to speak, in January of
1993, when I started as an unpaid intern on the Hill. But my career
matured years later, when I went to work for Congressman John Tierney.
By the time I left the Congressman's office, I had learned from him
what a tremendous force for good government can be, especially when it
serves to bring people together from many different viewpoints to solve
problems. I am a far more effective and well-rounded public servant
because of John Tierney. Congressman Tierney, thank you for your very
kind words of support today.
After law school and a year in private practice, I had the great
fortune to clerk for U.S. District Court Judge Sterling Johnson. I
learned from him the art of reading people and situations. I also
learned the power of not taking oneself too seriously. I have far
better perspective because of Judge Johnson.
I also struck gold a few years ago when I was hired by then CPSC
Chairman Inez Tenenbaum. From her, I learned about combining great
leadership with great compassion. Because of her, I have a much greater
understanding of the relationship between effectively leading a large
group of people and truly connecting with them as individuals. And, in
large part because of her efforts, I sit before you today. Chairman
Tenenbaum, thank you for making a special trip to be here today.
The CPSC is a very special place to work. We like to say that we
are a tiny agency with a giant mission. Consumer product related deaths
and injuries are not just numbers to us--they are the people whose
stories motivate us to be even better at what we do.
They are people like the young brothers from Kimball, Minnesota who
were poisoned by carbon monoxide from a furnace.
They are an 81-year-old woman, who died after becoming entrapped in
a bed rail at her assisted living home in Vancouver, Washington.
And they are the little boy who recently died when he became
entangled in a window blind cord in nearby North Bethesda. The boy's
mom was quoted in the media saying that she found a tiny handprint on
the window near where he got caught.
As it should, that image haunts me. And, as it should, that image
drives me.
It drives me to solve safety problems. My track record at the
Commission has been to reach out to a wide coalition of stakeholders to
try to find meaningful safety solutions through collaboration. I have
done this with football helmet manufacturers and representatives from
the NFL down to youth football on trying to reduce the risk of brain
injury. Brain safety in youth sports would be a top priority, if
confirmed as Chairman. And I have done this with the major battery
manufacturers in trying to address the life-threatening chemical burn
hazard to children who swallow coin cell batteries.
There are times, though, when the agency needs to employ all of the
tools Congress has provided us. If confirmed, I would continue the
thoughtful and deliberative approach I have taken during my time at
CPSC.
We have significant safety challenges facing us. New and unique
hazards continue to emerge. Hidden hazards persist in causing injuries
and deaths. These hazards can be addressed and, if confirmed, I would
very much look forward to working with my fellow Commissioners, the
wonderful CPSC staff, and our stakeholders to do so.
We also face challenges in identifying noncompliant products at the
ports. In the CPSIA, Congress directed us to begin a risk assessment
methodology to better target hazardous and violative imports. We have
been running a successful pilot of that program and now are requesting
a funding mechanism to run a full scale version. Consumers are better
served by us catching these products before they enter our markets, and
compliant trade is better served by us focusing on those companies not
following the rules.
If confirmed, I would very much look forward to working with the
members of this Committee on expanding our import safety program, as
well as on other safety priorities. I would also look forward to
working with members of this Committee on ways the Commission can
continue to seek to reduce costs of third party testing while still
assuring children's products are compliant.
And, if confirmed, it would be an honor to lead the outstanding and
dedicated staff at CPSC and build upon the great successes they have
achieved in recent years.
Thank you again Chairman Rockefeller, Ranking Member Thune and the
members of this Committee. I look forward to answering your questions.
______
a. biographical information
1. Name (Include any former names or nicknames used): Elliot
Franklin Kaye.
2. Positions to which nominated: Commissioner and Chairman, U.S.
Consumer Product Safety Commission.
3. Date of Nomination: March 31, 2014.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: 4340 East West Highway, Bethesda, MD 20814.
5. Date and Place of Birth: April 21, 1969; Huntington, New York.
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).
Kanae Watanabe-Kaye, Country Officer for Haiti, the World Bank;
children: Noah Takashi Kaye (age 9), Ethan Yoshiyuki Kaye (age
4).
7. List all college and graduate degrees. Provide year and school
attended.
BSJ--Northwestern University, the Medill School of
Journalism (1991).
No Degree (Senior Managers in Government Program)--Harvard
University, The Kennedy School of Government (1999).
JD--New York University School of Law (2004).
No Degree (transferred to NYU)--The George Washington
University Law School (2001-2002).
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.
------------------------------------------------------------------------
Place of Employment Position(s) Dates
------------------------------------------------------------------------
Sapore di Mare Waiter 1992 (est.)
(restaurant)
------------------------------------------------------------------------
James Lane Cafe Waiter 1992
------------------------------------------------------------------------
Office of Congressman Communications 1/1993-1/1995
Earl Hutto Director/Legislative Aide
Legislative Aide/
Correspondent
Congressional Intern
------------------------------------------------------------------------
Office of Congresswoman Chief of Staff 2/1995-6/1996
Pat Danner Communications
Director
------------------------------------------------------------------------
Office of Congressman Chief of Staff (DC)/ 6/1997-8/2001
John Tierney Legislative Director
Legislative Director
------------------------------------------------------------------------
Cooley Godward Kronish Associate Attorney 9/2004-8/2005;
LLP (formerly Kronish 11/2006-5/2007
Lieb)
------------------------------------------------------------------------
Chambers of U.S. Judicial Clerk 9/2005-11/2006
District Court Judge
Sterling Johnson, Jr.,
EDNY
------------------------------------------------------------------------
Ohio Campaign for Director of Voter Protection, 9/2008-11/2008
Change Cuyahoga County
------------------------------------------------------------------------
Hogan Lovells (formerly Associate Attorney 12/2007-10/2010
Hogan & Hartson)
------------------------------------------------------------------------
U.S. Consumer Product Executive Director 10/2010-present
Safety Commission Chief of Staff &
Chief Counsel to the Chairman
Deputy Chief of Staff
and Senior Counsel to the
Chairman
Senior Counsel to the
Chairman
------------------------------------------------------------------------
9. Attach a copy of your resumee. A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last five 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 five 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
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap. 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. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past ten years. Also list all offices
you have held with, and services rendered to, a state or national
political party or election committee during the same period.
Obama for America 2012: Based on a review of available credit
card records, I made a number of individual contributions in
the approximate range of $10-$55. In aggregate, these donations
totaled a little more than $500, as best as I can currently
determine.
Obama for America 2008: To the best of my recollection, I made
a similar level of aggregate, small money donations in 2008. I
have requested what I believe to be relevant credit card
records for that time period.
Campaign work: Ham Fish for Congress (Fall 1994 est.); Tierney
for Congress (Fall 1998 & Fall 2000); Ohio Campaign for Change
(Fall 2008).
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Recipient of The Legal Aid Society's Outstanding Pro Bono
Service Award (2005).
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
I covered sports for the Daily Northwestern for a time while in
college. Also while in college, I was required as part of the
journalism program to work at a newspaper for one quarter. I worked at
the Lakeland Ledger in Lakeland, FL to satisfy that requirement. I
worked as a reporter during some of that experience. In both
capacities, I wrote articles, but authored no commentary or editorial
pieces. When I was in high school, I was editor-in-chief of my high
school newspaper. During that time I recall writing two columns (one
per semester of publication). One article was about baseball opening
day; I do not recall the subject of the second article. Prior to that,
I submitted one piece of short fiction to the same paper during my
junior year.
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony. None.
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I have been with the agency for almost three and a half years, and
have served in a number of senior capacities. This experience has
provided me with a broad and detailed view of the entire agency. In my
current capacity as Executive Director, I am responsible for day-to-day
staff level management of the agency, including operations related to
product compliance, import surveillance, international outreach, small
business interaction, hazard identification and reduction, facilities,
human resources, finance, and information technology. My experience as
CPSC's Executive Director--managing, interacting and connecting with
the staff of this agency throughout each day--has left me well
positioned to serve as an effective Chairman.
Prior to moving into this position, I served as Chief of Staff and
Chief Counsel to the Chairman, and before that, in other senior
positions in the Chairman's office. In the Chief of Staff and Chief
Counsel roles, I was responsible for management of the Chairman's staff
and policy objectives, as well as relations among the Commissioners and
their staffs. I believe the combination of these diverse perspectives,
both as the Chairman's lead policy staffer and as Executive Director,
would be extremely beneficial, should I be confirmed.
Having served in those positions, I am well aware of the tremendous
good the Chairman can initiate and even carry out, both inside and
outside of the agency. I care deeply about the agency's staff and am
very cognizant of the impact the Chairman can have on them and their
sense of the health of the agency.
The Chairman also has the ability to seek major safety gains by
leading collaborative engagements with relevant stakeholders,
particularly industry. This was the approach I took when I worked in
the Chairman's office. I would employ, and even expand upon, this
approach if confirmed as Chairman. My experience has taught me that an
inclusive approach can lead to faster and more meaningful gains in
certain circumstances.
If confirmed, I would bring to the position of Chairman my
collective experiences of working in the Chairman's office and serving
as Executive Director and work in furtherance of helping the agency
fulfill its consumer product safety mission in a very reasonable and
thoughtful manner. But even more so, I would bring my passion for the
issues the Commission addresses daily.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
In my current role as Executive Director, I am the senior most
staff person responsible for management and internal controls, both
related specifically to accounting and beyond. I conduct at least
weekly meetings with all of the managers, including those in finance.
Often, I engage in unscheduled discussions with staff as warranted. The
executive staff and I closely monitor the work of the managers and
track progress on key milestones, including enhancing controls as
identified. I also am in regular contact with the agency's Inspector
General, with whom I have an open line of communication. I take very
seriously his recommendations and also track, with my staff, the
implementation of warranted enhancements.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
Staffing: One significant challenge facing the CPSC is the
ability to recruit and maintain a strong workforce. During the
past five years the agency has experienced a large number of
retirements, and with them the Commission has suffered a
significant loss of expertise and institutional knowledge.
Sequestration slowed the agency's ability to replenish those
losses, as well as to build out areas of need. Furthermore, as
part of its understandable effort to reduce costs across
government offices, GSA required that the CPSC decrease its
physical space. The smaller footprint has resulted in tighter,
more restrictive working conditions. Lastly, the eroding
competitiveness of government compensation and benefits, an
issue not unique to CPSC, has made attracting sufficient and
well qualified personnel a challenge. I believe staffing
challenges have and will continue to affect CPS's ability to
timely address product safety needs in accordance with the
Commission's, the Congress's, and the public's expectations.
Emerging Hazards: Addressing hazards in a timely manner, given
our budgetary constraints and limited resources, presents
another major challenge. The agency has to be creative and
nimble in its approach. One of the best ways to leverage our
resources and better protect consumers is to stop hazardous
products at the ports, before they even enter the stream of
commerce. CPSC's Import Surveillance Program addresses certain
hazardous products at importation, and helps expedite entry of
compliant trade. The program, however, is pilot scale, allowing
the Commission to examine only a small segment of the products
under the Commission's jurisdiction. The Commission--and, more
importantly, consumers and compliant trade--would be well-
served by a full-scale nationwide program.
I also fully support leveraging the collective wisdom of
stakeholders industry, consumers, and health entities--to
address emerging hazards. Using a collaborative effort has
served the agency well, especially with regard to making
meaningful progress with chemical bum injuries associated with
coin cell batteries as well as brain injuries in youth sports.
We all have the same goal--identifying and addressing areas of
concern as early as possible. Such an approach, if successful,
could save lives, prevent injuries, and significantly reduce
costs.
Hidden Hazards: Lastly, hidden hazards present another related
significant challenge. Historically, the agency was focused
more on obvious hazards, such as the likelihood of a person
being cut by a sharp product, a child choking on a small part
in a toy, or a consumer being electrocuted by an electric-
powered appliance. Consumers are increasingly facing less
intuitive hazards: the very serious risk to a child of deadly
tip-overs from a cathode-ray tube television placed on a tall
piece of furniture; the risk from a product containing
chemicals or metals with scientific consensus that they are
chronically harmful; or the unknown possible long-term effects
from new, untested technology in the market, such as
nanoparticles that are the focus of research by the National
Nanotechnology Initiative. I am particularly concerned with how
vulnerable populations might be impacted. Congress recognized
and addressed the risk of some hidden hazards in CPSIA, setting
certain new chemical and element limits as well as providing
the agency with enhanced authorities to try to address those
hazards in the marketplace and even before they enter the
marketplace. But, more work needs to be done. In the interim,
one key aspect is to keep educating consumers, through robust
outreach, particularly in conjunction with stakeholders, and to
stay informed and ahead of the technological 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. None.
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.
CPSC's Office of General Counsel has identified one stock I own
(Wendy's-Arby's) as potentially providing a conflict in the event my
holdings reach or exceed $15,000. Currently, the value of my holding of
that stock is less than $4,000. I monitor the stock to ensure a
potential conflict can be avoided. This is also reflected in the ethics
agreement I signed.
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. None.
5. Describe any activity during the past ten years in which you
have been engaged for the purpose of directly or indirectly influencing
the passage, defeat, or modification of any legislation or affecting
the administration and execution of law or public policy. None.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
If faced with a potential conflict of interest, I will seek the
advice and counsel of CPSC's Office of General. If faced with any
legitimate conflict of interest, I will recuse myself completely of all
related business and/or divest as necessary.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain. No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain. No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain. No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain. No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain. No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination. None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______
Resumee of Elliot Franklin Kaye
Government and Political Experience
U.S. Consumer Product Safety Commission, Bethesda, MD
Executive Director, October 2013-present
Chief of Staff & Chief Counsel to the Chairman, May 2013-0ctober 2013
Deputy Chief of Staff & Senior Counsel to the Chairman, April 2012-May
2013
Senior Counsel to the Chairman, October 2010-April 2012
In current capacity, manage the agency's operations on a day-to-day
basis, including chief executive staff-level management
responsibilities for staff work related to compliance, import, hazard
identification and reduction, international, information technology,
facilities, human resources and finance. Also am responsible for
ensuring the Acting Chairman's policy goals are carried out as
directed. In prior capacities, worked with the former Chairman to
formulate and implement wide-ranging and ambitious consumer product
safety goals while also managing the Chairman's personal staff. Served
as the Chairman's principal staffer with all engagements internal and
external to the government. Provided counsel to the Chairman on a broad
range of complex legal, policy and enforcement matters and strategic
advice on Congressional and media related issues and interactions.
Coordinated and managed negotiations at the Commission level on
numerous agency rulemaking efforts, including three of the Chairman's
signature safety achievements: adoption of the world's most stringent
standard for cribs; creation of a publicly-available database for
consumers to search and/or file reports of harm (SaferProducts.gov);
and enactment of a requirement for independent, periodic third-party
safety testing of all children's products. Lead high profile, ongoing
safety initiatives for the Chairman, including working to reduce the
risk of brain injuries in youth sports, addressing the severe hazard to
children from ingestion of small batteries, and combating deaths and
injuries from carbon monoxide poisoning.
Ohio Campaign For Change, Cleveland, OH
Director of Voter Protection, Cuyahoga County, September 2008-November
2008
Took unpaid leave of absence from Hogan & Hartson to manage the voter
protection effort in a top priority county. Primary responsibilities
included identifying and addressing with the local Board of Elections
key issues that could lead to voter disenfranchisement and managing
staff of 18 full-time attorneys working on the recruitment, training
and placement of approximately 1,000 attorneys/law students to serve as
Election Day poll observers. On Election Day, managed regional voter
protection war room with staff of 20 election law attorneys and senior
Ohio litigators; also managed Election Day voter protection field team
of 50 countywide regional supervising attorneys and the approximately
1,000 voter protection observers inside and outside hundreds of key
polling locations.
The Hon. Sterling Johnson, Jr., U.S. District Court, EDNY, Brooklyn, NY
Judicial Clerk, September 2005-November 2006
Researched and drafted numerous opinions for civil and criminal
matters, including issues relating to evidentiary questions, conflict
of counsel, sufficiency of charging instruments and other
constitutional claims. Also was responsible for all trial-related work
during five criminal trials and one civil trial, including assisting
judge with case management and the resolution of numerous trial
motions. Prepared all related jury instructions.
Congressman John F. Tierney, Washington, D.C.
Chief of Staff (DC)/Legislative Director, November 1998-June 2001
Legislative Director, June 1997-November 1998
Core responsibilities included developing and implementing all policy
objectives, strategies and operating plans, managing and directing all
staff in the Washington office and coordinating all activities with the
White House, the rest of the Administration, and with Congressional
leadership/committee personnel.
Congresswoman Pat Danner, Washington, D.C.
Chief of Staff, July 1995-June 1996
Communications Director, February 1995-July 1995
Performed duties very similar to chief of staff position described
above, while also managing district offices and media operations.
Communications responsibilities included crafting and managing all
aspects of messaging and media outreach, drafting speeches, press
releases and monthly columns, and serving as primary spokesperson.
Congressman Earl Hutto, Washington, D.C.
Communications Director/Legislative Aide, April 1994-January 1995
Legislative Aide/Correspondent, September 1993-April 1994
Congressional Intern, January 1993-August 1993
Legislative duties focused on keeping member informed on key
developments related to assigned issue areas, as well as handling
majority of constituent mail responses by the office. Press
responsibilities included managing media contacts, drafting speeches,
press releases and weekly columns, and serving as primary spokesperson.
Additional Legal Experience
Hogan Lovells U.S. LLP (formerly Hogan & Hartson), Washington, D.C.
Associate, Litigation (White Collar Group), December 2007-0ctobcr 2010
Practice focused predominantly on assisting clients with complex white
collar matters, in particular with investigations by the United States
Department of Justice, the United States Congress and the United States
Securities and Exchange Commission. Regularly traveled throughout the
United States to conduct in-depth, fact-finding investigations at all
types of companies. Related functions included counseling clients on
resolution strategies and best practices, as well as supervising junior
associates conducting document review and managing voluminous document
productions to the government. Also involved in significant pro bono
work, including day-to-day responsibility for a post-conviction, death
penalty case.
Cooley Godward Kronish LLP (formerly Kronish Lieb), New York, NY
Associate, Litigation Department, November 2006-June 2007; September
2004-September 2005
Practice focused on white collar criminal defense. Responsibilities
included factual investigations, legal research related to, and
drafting of, legal memoranda and document review and production. Also
was involved with significant pro bono work, including drafting portion
of U.S. Supreme Court amicus brief on Federal sentencing cases, and
assisting a former child soldier in obtaining asylum.
Education
New York University School of Law, New York, NY
J.D., cum laude, May 2004
Editor-in-Chief, Journal of Legislation and Public Policy
Student member of the Federal Defender Clinic, 2003-2004
George Washington University Law School, Washington, D.C.
Completed first-year J.D. coursework academic year 2001-2002
George Washington Scholar (awarded to top 15 percent of class)
Harvard University, The Kennedy School of Government, Cambridge, MA
Senior Managers in Government Program. Summer 1999. Intensive three-
week certificate program involving 100 senior government officials from
around the world, aimed at improving the service of government.
Northwestern University, The Medill School of Journalism, Evanston, IL
B.S.J., June 1991. Major: Print Journalism; concentration: Russian
Literature
Dean's List (Spring Semester 1991)
Additional Honors
Recipient of The Legal Aid Society's Outstanding Pro Bono Service Award
(2005)
Senator McCaskill. Thank you, Mr. Kaye.
I did not realize that Ms. Tenenbaum was in the audience
when I was giving my opening statement.
I want to recognize Inez. She is a terrific leader and has
done a terrific job and I consider her also a friend. So it is
really nice of you to be here today. And thank you, on behalf
of all the American people for your great service at the
Consumer Product Safety Commission.
Mr. Mohorovic.
STATEMENT OF JOSEPH MOHOROVIC, COMMISSIONER-DESIGNATE, CONSUMER
PRODUCT SAFETY COMMISSION
Mr. Mohorovic. Thank you, Madam Chairman.
Madam Chairman, Senator Thune, thank you for the
opportunity to appear before you today as a nominee to the U.S.
Consumer Product Safety Commission. I am deeply honored and
humbled by the President's nomination of me to the CPSC and for
the opportunity to address you and answer your questions today.
And I'd like to also especially thank Senator Udall for his
generous introduction.
If I may, Madam Chairman, I would first like to introduce
my lovely wife, Royelle. Our three beautiful daughters are six-
year-old twins, Gigi and Lucy, and our newest addition to the
Mohorovic clan, two-year-old Stevie, are at home with their
grandmother but always home in our hearts.
With three small girls at home, I'm reminded every day how
critical the CPSC's mission is to protect America's most
vulnerable consumers. And after having spent almost a decade
working for the largest international provider of quality
assurance and safety services to the consumer goods industry, I
understand intimately the challenges faced by manufacturers and
retailers operating in global supply chains.
And with an enduring commitment to public service that
began when I was elected to the New Mexico legislature at age
27, I'd like to offer my risk management skillset to help
modernize the CPSC and effectively regulate for safety in the
twenty-first century.
And while the agency's regulatory agenda, strategic plans
and emerging hazards direct the agency's priorities, if
confirmed, there are three areas of CPSC activity that I would
like to focus on personally. They are: Modernizing the CPSC's
import surveillance strategy; addressing furniture and
television tip-over hazards; and better leveraging the
expertise of the broader safety community.
First, improving import surveillance. If confirmed, I will
make it one of my highest priorities to continue to modernize
the CPSC's import surveillance program. The vast majority of
products under CPSC jurisdiction are imported; four out of
every five recalls involves imported product. And I can think
of no better way of assuring consumer safety than by ensuring
the compliance of imports to U.S. safety expectations.
Specifically, I would like to work to further integrate
current imports surveillance programs with those of customs and
border protection. And I recognize that the agency has made
tremendous strides in recent years, including the development
of their risk assessment tools, but I would like to contribute
my personal knowledge of the latest targeting techniques used
by the world's most sophisticated supply chains to identify
imports with greater safety risk.
Furthermore, I think the agency can do more to facilitate
legitimate trade through public-private partnerships for those
importers who are willing to subject themselves to increased
scrutiny with regards to their compliance processes; not unlike
the very successful TSA Pre-check Program for low-risk air
travelers. I can envision a modernized CPSC imports
surveillance program where harmful and noncompliant consumer
goods are intercepted and deterred while legitimate cargo is
identified and rapidly admitted to consumers without
disruption.
Second, addressing furniture and television tip-over
hazards. Tragically, every 2 weeks in America a child dies when
a television, appliance, or a piece of furniture falls on him
or her. And with three small children at home, I personally
know how vigilant parents must be to follow the CPSC's strategy
of ``Anchor and Protect.'' And it was only a few years ago that
my nephew broke his arm when the dresser that he was using as a
ladder, as children tend to do, toppled over on top of him.
Some manufacturers and retailers do a very admirable job
educating consumers and facilitating the safe use of their
products, including the proper use of tether and anchoring
devices. And I have also experienced the frustration of working
with some products whose manufacturers seem blind to the hazard
and thwart the efforts of a diligent parent endeavoring to
create a safe environment for children. So addressing this very
deadly and hidden home hazard is a personal cause for me and
one that will, if confirmed, be a top priority.
Third, leveraging the expertise of CPSC stakeholders.
Finally, and perhaps most importantly, I would like to work to
not only aggressively pursue those products and companies that
truly put American consumers at risk, but to do so by
leveraging, wherever possible, the input and efforts of all
agency stakeholders. There's now underway a tremendous level of
activity on the part of both industry and consumer advocacy
groups that, in my view, the CPSC can learn from, contribute
to, and generally use to leverage the agency's limited
resources.
I envision a more accessible CPSC, a more engaged CPSC, and
one where members of the international safety community are
solicited for support, partnership, advice, recommendations,
and models to better inform CPSC public policy and improve
effectiveness.
In conclusion, Madam Chairman, the mission of CPSC, in my
view, is nothing less than a sacred one. American consumers
have the right to know and have confidence that the products
they buy, use, and then indeed that they give to their
children, are safe. I assure you and this committee that if
confirmed to serve as the Commissioner, I will personally, with
every ounce of my faculties, uphold that sacred obligation and
tradition of excellence that the CPSC embodies.
I, again, thank you, Chairman and distinguished members of
the Committee, for the time and for the opportunity to appear
before you today. And I look forward to answering your
questions.
[The prepared statement and biographical information of Mr.
Mohorovic follow:]
Prepared Statement of Joseph P. Mohorovic, Commissioner-Designate,
U.S. Consumer Product Safety Commission
Thank you Madam Chairman. Madam Chairman; Senator Heller;
distinguished members of the Committee:
Thank you very much for the opportunity to appear before you today
as a nominee to the U.S. Consumer Product Safety Commission. I am
deeply honored and humbled by the President's nomination of me to the
CPSC and for the opportunity to address you and answer your questions
today.
And thank you to Senator Udall for that generous introduction.
If I may Madam Chairman, I would first like to introduce my lovely
wife, Royelle. My three beautiful daughters, six-year-old twins Gigi
and Lucy and our newest addition to the Mohorovic clan, two-year-old
Stevie are home with their grandmother, but always home in my heart.
With three small girls at home, I'm reminded every day how critical
the CPSC's mission is to protect America's most vulnerable consumers.
And after having spent almost a decade working for the largest
international provider of quality assurance and safety services to the
consumer goods industry, I understand intimately the challenges faced
by manufacturers and retailers operating in global supply chains.
With an enduring commitment to public service that began when I was
elected to the New Mexico legislature at age twenty seven, I'd like to
offer my risk management skillset to help modernize the CPSC and
effectively regulate for safety in the 21st Century
While the agency's regulatory agenda, strategic plans and emerging
hazards direct the agency's priorities, if confirmed, there are three
areas of CPSC activity I would like to focus on personally. They are:
(1) Modernizing CPSC's Import Surveillance Strategy; (2) Addressing
Furniture and Television Tip-over Hazards; and (3) Better leveraging
the expertise of the broader safety community .
First, Improving Import Surveillance
If confirmed, I will make it one of my highest priorities to
continue to modernize CPSC's import surveillance program. The vast
majority of products under CPSC jurisdiction are imported. And a
disproportionate share of recalled products is imported. I can think of
no better way of assuring consumer safety than by ensuring the
compliance of imports to U.S. safety expectations. Specifically, I will
work to further integrate current import surveillance programs with
those of Customs and Border Protection. I recognize that the agency has
made tremendous strides in recent years, including the development of
their risk assessment tools. I would like to contribute my personal
knowledge of the latest targeting techniques used by the world's most
sophisticated supply chains to identify imports with greater safety
risk. Furthermore, I think the agency can do more to facilitate
legitimate trade through public-private partnerships for those
importers willing to subject their compliance processes to greater
scrutiny--not unlike the successful ``TSA Pre-Check'' program for low
risk air travelers. I can envision a modernized CPSC import
surveillance program where harmful and non-compliant consumer goods are
intercepted and deterred, while legitimate cargo is identified and
rapidly admitted to consumers without disruption.
Second, Addressing Furniture and Television Tip-over Hazards
Tragically, every two weeks in America, a child dies when a
television, appliance or piece of furniture falls on him or her. With
three small children at home, I personally know how vigilant parents
must be to follow the CPSC's strategy of ``anchor and protect.'' Only a
few years ago my nephew broke his arm when the dresser he was using as
a ladder toppled over on him. Some manufacturers and retailers do an
admirable job educating consumers and facilitating the safe use of
their products including the proper use of tether and anchoring
devices. And I have also experienced the frustration of working with
some products whose manufacturers seem blind to the hazard and thwart
the efforts of a diligent parent endeavoring to create an environment
safe for children. Addressing this very deadly and hidden home hazard
is a personal cause for me and one that will, if confirmed, be a top
priority.
Third, Leveraging the Expertise of CPSC Stakeholders
Finally, and perhaps most importantly, I would work to not only
aggressively pursue those products and companies that truly put
American consumers at risk, but to do so by leveraging wherever
possible the input and efforts of all agency stakeholders. There is now
underway a tremendous level of activity on the part of both industry
and consumer advocacy groups that in my view the CPSC can learn from,
contribute to, and generally use to leverage the agency's limited
resources. I envision a more accessible CPSC a more engaged CPSC and
one where members of the international safety community are solicited
for support, partnership, advice, recommendations and models to better
inform CPSC public policy and improve effectiveness.
Conclusion
In conclusion Madam Chairman, the mission of the CPSC, in my view,
is nothing less than a sacred one. American consumers have the right to
know and have confidence that the products they buy, use, and indeed
that they give to their children, are safe. I assure you and this
Committee that, if confirmed to serve as a Commissioner, I will
personally and with every ounce of my faculties uphold that sacred
obligation and tradition of excellence that the CPSC embodies.
I again thank you, Chairman McCaskill and distinguished members of
the Committee for your time and for the opportunity to appear before
you today, and I look forward to answering your questions.
______
a. biographical information
1. Name (Include any former names or nicknames used): Joseph Peter
Mohorovic.
2.Position to which nominated: Commissioner, United States Consumer
Product Safety Commission.
3. Date of Nomination: November 6, 2013.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: 2107 Swift Drive, Oak Brook, IL 60523.
5. Date and Place of Birth: 5/9/1971; New York City, New York.
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).
Married to Royelle Marka Mohorovic (homemaker); five-year-old
twins: Gabrielle Grace and Lucille Marie and two-year-old
Stephanie Vesna.
7. List all college and graduate degrees. Provide year and school
attended.
University of Texas at Austin (J 989-94. Liberal Arts Major in
Government and History.
University of New Mexico Master in Business Administration
(2000-2002).
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.
Intertek Group plc.
U.S. Consumer Product Safety Commission
Anasazi Investments, LLC
New Mexico State Senate
Committee to Reelect Governor Gary E. Johnson
New Mexico State House of Representatives
Republican Party of New Mexico
Details available with attached submitted resumee.
9. Attach a copy of your resumee. A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last five 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 five years.
Intertek Group plc--employment
Maryknoll Estates Homeowners Board of Directors (2012-2013)
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 religious
organization, private club, or other membership organization. Include
dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color. religion.
national origin, age, or handicap.
St. James the Apostle, parishioner 2007-2013
Our Lady of Lourdes, parishioner 2002-2007
John Carroll Society, 2003-2007
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.
New Mexico State Representative 1999-2002; resigned to begin
employment at the CPSC. No outstanding campaign debt.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past ten years. Also list all offices
you have held with, and services rendered to, a state or national
political party or election committee during the same period. None.
l5. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
2005--The University of New Mexico, Albuquerque, NM; Young
Alumni Award for professional success. community service and
professional honors.
2002--Assn. of Commerce and Industry, Albuquerque, NM; New
Mexico FOCUS Business Star for continued excellence in
promoting economic development.
2002--Americans for Tax Reform (ATR), Washington, D.C.:
Friend of the Taxpayer Award (ATR selects a winner of the
Friend of the Taxpayer Award every month since January, 1997).
2002--John Baker Elementary School, Albuquerque, NM;
Community Appreciation Award for continued excellence in the
area of public education.
2001--Chamber of Commerce, Albuquerque, NM; 2001 Leader
Award tor continued efforts in the area of crime legislation.
2000--NM Business Weekly, Albuquerque, NM; Top Forty Under
40, one of the top forty people under the age of forty
``dedicated to changing the status quo in New Mexico.''
1999--NM Speech & Hearing Assn. Albuquerque, NM; Community
Appreciation Award for continued support of the Audiology and
Speech Language Pathology professions.
16. Please list each book, article, column, or publication you have
authored. individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
U.S. Consumer Product Safety Commission, ``Education and
Outreach Roundtable--Public Meeting,'' (Regarding Education and
Outreach Relating to Testing and Certification of Toys and
Other Children's Products), October 6, 2011.
17. Pleas identify each instance in which you have testified orally
or in writing before Congress in a governmental or non-governmental
capacity and specify the date and subject matter of each testimony.
None.
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated. what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I have almost ten years of direct experience in the field of
product safety, including five years at the CPSC. Since 2007, I have
been a senior manager in a major international testing laboratory
responsible for ensuring the compliance of consumer products to CPSC
and other regulatory safety standards. I know the CPSC and its laws,
regulations and activities intimately, as well as how those impact all
agency stakeholders. In addition, as an elected state representative
for four years in New Mexico, I understand the complex considerations
of the legislative and regulatory processes generally.
With respect to my desire to serve as a commissioner at the CPSC I
have long held a commitment to public service and can think of no
better avenue, considering my background and abilities, than to serve
as a CPSC commissioner. I understand well the critical and often
delicate mission the CPSC is tasked with, including the many interests
that must be balanced and groups that must be engaged as the agency
seeks to fulfill that mission.
As the father of three young daughters, I truly understand just how
important the CPSC's mission and activities are in the daily lives of
American families. My daughters are safer because of the CPSC and I
will take that realization and commitment with me to the CPSC, should I
be confirmed.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
In addition to providing general leadership and direction to the
agency, commissioners in my view must also take an active and direct
role in oversight of the agency activities, to ensure the maximization
and appropriate use of the agency's authorities and of limited staff
and other resources. While there are of course other layers with regard
to formal oversight of the agency, there is little substitute for a
``hands-on'' approach by all commissioners in terms of agency
oversight, of course with proper respect to the role of the Commission
decisionmaking process and role of the Chairman as the chief
administrative officer of the agency.
I have direct and deep experience, not only with regard to the
inner workings of the CPSC but also with regard to one of the more
important activities the agency was tasked with under the Consumer
Product Safety Improvement Act (CPSIA), that of establishing and
overseeing a system of third party testing and product certification,
an area about which I know a great deal.
With respect to relevant management experience, I currently oversee
a global business line of 170 personnel on six continents involved with
various Intertek safety and risk management services for consumer
goods, a set of activities and functions directly related to the CPSC's
core mission. And as both Chief of Staff and Director of International
Programs at the CPSC, I also directly managed those office staffs and
assisted a former Chairman of the agency, again in concert with the
agency Executive Director and other senior staff leadership, in
overseeing all key operations of the CPSC.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
The CPSC continues to undergo significant transition since
enactment of the CPSIA. This continues to pose challenges to the agency
and its stakeholders that must be proactively addressed. But as global
supply chains and product safety regulatory systems around the world
continue to become more and more complex, the core challenge for the
agency in my view is and will be to keep pace with and, indeed, provide
leadership with regard to these global changes. Specifically, I see the
following as the agency's greatest challenges going forward:
(1) Establishing systems and protocols for fully enforcing U.S.
product safety standards while recognizing that synchronization
of both standards and enforcement activities with the states
and with international trading partners. As the number and
variety of Federal, state and international product safety
requirements continues to grow, such efforts will be important
to enhance regulatory compliance, without establishing
unintended barriers to trade and inconsistency or
incompatibility of standards in a way that is not beneficial to
consumers.
(2) Continued modernization of CPSC's critical information
technology and related systems, notably those identifying
potentially violative imports. Identifying and preventing the
distribution in commerce of children's and other consumer
products that violate CPSC standards offers the highest return
on investment of limited agency resources to improve the safety
of consumer products in the U.S.
(3) Continuing to expand outreach and education efforts to industry
and other agency stakeholders about CPSC's laws, regulations,
requirements and expectations, including the many new
requirements stemming from enactment of the Consumer Product
Safety Improvement Act (CPSIA). While this has also been an
area that has seen much improvement at the CSPC in recent
years, I know firsthand that much more needs to be done in this
area, both to improve compliance rates with CPSC product safety
standards, and as a question of fundamental fairness to
industry and other stakeholders.
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 unvested stock in Intertek through the company's deferred
share award plan. I also participate in Intertek's 401K plan (Fidelity
Freedom K 2040).
2. Do you have any commitments or agreements, formal or informal to
maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain. No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the CPSC's Designated Agency Ethics
Official to identify potential conflicts of interest. Any potential
conflicts of interest will be resolved in accordance with the terms of
the ethics agreement that I have entered into with the Commission's
Designated Ethics Official and that has been provided to the Committee.
I am not aware of any other 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.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the CPSC's Designated Agency Ethics
Official to identify potential conflicts of interest. Any potential
conflicts of interest will be resolved in accordance with the terms of
the ethics agreement that I have entered into with the Commission's
Designated Ethics Official and that has been provided to the Committee.
l am not aware of any other conflicts of interest.
5. Describe any activity during the past ten years in which you
have been engaged tor 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.
The testing industry is a key stakeholder in the consumer product
safety arena. While at Intertek, I have regularly interacted with the
CPSC and at times urged that the agency undertake various actions or
adopt various policies with regard to the administration of the
agency's laws, particularly as those actions and policies impact
product testing laboratories generally. October 6, 2011, I participated
in a CPSC open ``Education and Outreach Roundtable'' where I submitted
remarks for the record that included recommendations to the CPSC.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
Any potential conflicts of interest will be resolved in accordance
with the terms of the ethics agreement that I have entered into with
the Commission's Designated Agency Ethics Official and that has been
provided to this Committee.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain. No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain. No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain. 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.
Nothing further to add.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistleblowers 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.
______
Resumee of Joseph P. Mohorovic
Experience
2007-Present--Intertek--Oak Brook, IL
Senior Vice President, Risk Assessment and Management (RAM) Global
Business Line Leader
Responsible for global performance. growth and strategic
management.
2004-2006--U.S. Consumer Product Safety Commission--Bethesda, MD
Chief of Staff and Director, Office of International Programs and
Intergovernmental Affairs
Senior Executive Service (SES).
2002-2003--U.S, Consumer Product Safety Commission--Bethesda, MD
Senior Policy Advisor to the Chairman
Served Chairman Hal Stratton in areas of policy, strategic
management and budget management.
1999-2000--Anasazi Investments, LLC--Albuquerque, NM
Investment Advisor Representative, Director of Marketing and Sales
Registered Investment Advisor (RIA) with SEC and NASO.
Series 7 (Registered Representative) licensed trader of all
investments with national exchanges.
Series 63 (Multi-State ``Blue Sky'') Uniform Securities
Agent State Law Exam.
Series 65 (RIA--State License) Uniform Investment Adviser
Law Examination.
Political Experience
1999-2002--New Mexico House of Representatives--Santa Fe, NM
State Representative (R)
Served two terms representing District 28 in the upper
Northeast Heights of Albuquerque.
Standing Committees: House Appropriations and Finance, House
Voters and Elections.
Legislative Interim Committees; Legislative Finance, New
Mexico Finance Authority Oversight.
1997-2002--Self Proprietor--Albuquerque, NM
Fundraising, Public Relation Marketing and Public Affairs Consultant
Issues and research consultant for 2002 campaign to reelect
Congresswoman Heather Wilson.
New Mexico Victory 2000 Major-Donor consultant for George W.
Bush fundraising event.
1998--New Mexico Senate--Santa Fe, NM
Chief of Staff
Hired and managed 47 employees in Senate Minority staff.
1997--Reelect Governor Gary E. Johnson--Albuquerque, NM
Finance Director
Raised $1,200,000 in 8 months.
1995-1997--Republican Party of New Mexico--Albuquerque, NM
Finance Director
1992--Texas Bush/Quayle '92--Austin, TX
Deputy State Director
Coordinated state campaign efforts including final two-week
whistle stop tour by George W. Bush.
1992--The White House--Washington, D.C.
Intern, Office of Public Liaison
Liaison between national business interests and George H.W.
Bush Administration.
Education
2002--The University of New Mexico--Albuquerque, NM
Robert O. Anderson School of Business Management
Master's Degree in Business Administration.
1994--The University of Texas at Austin--Austin, TX
Bachelor of Arts, Double Major in History and Government.
Honors Received
2005--The University of New Mexico--Albuquerque, NM
Young Alumni Award
Criteria: Professional success, community service activities
and community & professional honors.
2002--Association of Commerce and Industry--Albuquerque, NM
New Mexico FOCUS Business Star
For continued excellence in promoting economic development.
2002 (May)--Americans for Tax Reform (ATR)--Washington, D.C.
Friend of the Taxpayer Award
ATR selects a winner of the Friend of the Taxpayer Award
every month since January, 1997.
2001--Greater Albuquerque Chamber of Commerce--Albuquerque, NM
2001 Leader Award
For continued efforts in the area of crime legislation.
2000--New Mexico Business Weekly--Albuquerque, NM
Top Forty Under 40
One of the top forty people under the age of forty
``dedicated to changing the status quo in New Mexico.''
1999--New Mexico Speech and Hearing Association--Albuquerque, NM
Community Appreciation Award
For continued support of the Audiology and Speech-Language
Pathology professions.
Personal
Born May 9, 1971--New York, NY
Raised in Scituate, Massachusetts.
2004 married the former Royelle Marka Hoffman of Ames, IA.
Community Interests
2012-Present--Maryknoll Estates Owners Association--Glen Ellyn, IL
Board of Directors
Architectural Review and General Maintenance
1997-2003--Young America Football League--Albuquerque, NM
Coach and Board of Directors
Senator McCaskill. Thank you, both.
Sometimes no decision is worse than almost any other
alternative. I don't always expect to agree with decisions that
agencies make but I do expect agencies to make the decisions.
I want to talk about a proposed rulemaking on mandatory
standards for recreational off-road vehicles. You have had it
open since October 2009; more than four and half years, the
CPSC has. And it remains unresolved. I was one of ten members
of this committee that recently signed a letter, bipartisan
letter, raising concerns about this open rulemaking, the
uncertainty it causes especially as the stakeholders are
working with the CPSC to update voluntary standards.
In your view, is it acceptable to have open rulemaking for
5 years? Is that an acceptable length of time? Either one of
you. Both of you.
Mr. Kaye. Thank you for the question.
It's definitely not preferable. I will say that. I can say
specifically with regard to recreation off-road vehicles that
the Commission did direct the staff during this current fiscal
year to send up to the Commission for a Commission
consideration, a Draft NPR. So there has been progress on the
rulemaking side.
Additionally, in the last few months, there has been what I
consider to be a very encouraging exchange between our
technical staff and the voluntary standards body. The voluntary
standards body did invite us and our staff to participate in
their efforts. We've accepted that. And I think that that is a
very constructive dialogue. We prefer and, in fact, our statute
requires that if the voluntary standards body can address a
hazard and that it's substantially complied with, the voluntary
standard is that we cannot go ahead and continue rulemaking.
I will say that now that the express rulemaking authority
that Congress provided to the Commission under the CPSIA has
expired. There are rulemakings that will take longer because of
some of the very specific provisions and findings that are
required by Section 9 of the Consumer Product Safety Act. I
understand why it was put in there for the reasons that it was
put in, but it does, because of the findings that are required
and the cost benefit analysis that is unique to this CPSC, it
does elongate significantly rulemakings. And I believe Congress
understood that by providing us with that express rulemaking
authority as part of CPSIA for a limited period of time.
Senator McCaskill. Go ahead, Mr. Mohorovic, and then I'll
comment. Go ahead.
Mr. Mohorovic. Certainly.
Thank you, Madam Chairman. Thank you for the question.
The advent of this particular product, ROVs, is something
that has occurred in the marketplace after my time at the CPSC.
So you'll have to forgive me for not being fully informed with
regards to the safety issues regarding that particular product.
However, much of the nature of your question had to deal with a
time-frame of five years and whether or not that's an adequate
timeframe.
You have my commitment that, if confirmed, I will be sure
to find out from the staff whether or not they consider the
adequacy of the voluntary standard to address the hazards
presented by the product, as well as the adequacy of the
voluntary standard committee to move forward in a reasonable
period of time.
Senator McCaskill. And if, in fact, if you are confirmed,
both of you, which I feel confident that you will be, I would
appreciate understanding more why it would take as long as you
are indicating, Mr. Kaye, that it will take on some of these.
I know cost-benefit analysis is something that can't be
done in a matter of a few weeks but part of this is that we
build it in time, and then we build it in time on top of that,
and then we build it in buffer time, and then we build it in
more time, and then, before you know it, it has been years and
years and years. And it may be that it's helping get the
voluntary standards, the fact that this is out there, and I
understand the efficacy of that, that there is some efficacy of
that. But it does provide in such an uncertainty in the
manufacturing climate that I think it's hard to be a
cheerleader for a rule taking longer than two or 3 years from
beginning to end.
And so, if you will help us figure out what we have done to
handcuff you, I'll see if I can help get the key and maybe take
some of those handcuffs off so it doesn't have--maybe take
quite as long as you're indicating that it would.
Mr. Kaye. Thank you.
I do think, Chairman, that the ROV rulemaking is somewhat
anomalous in the sense that it had begun before CPSIA was
enacted.
Senator McCaskill. Right.
Mr. Kaye. Those type of rulemakings were in essence put on
hold----
Senator McCaskill. Right.
Mr. Kaye.--because the Commission, under Tenenbaum's
leadership, had to focus on providing all of the CPSIA
rulemakings.
Senator McCaskill. Right.
Mr. Kaye. Now that that period has basically come and
gone----
Senator McCaskill. You can get back to work on that.
Mr. Kaye.--to some extent.
Senator McCaskill. I don't mean back to work. You've been
at work. I mean back to work on----
Mr. Kaye. I think Chairman Tenenbaum might jump up here----
Senator McCaskill. Yes.
Mr. Kaye .--on the ``We're Getting to Work'' fund.
Senator McCaskill. Right.
Mr. Kaye. I do think that the 553 Rulemaking was also
provided to us with the Drywall Safety Act recently. And so,
when Congress wants us to move, they tell us to move a certain
way and I do think that's the best way for us to move quickly.
Senator McCaskill. Right.
Senator Thune.
Senator Thune. Thank you, Madam Chairman.
Mr. Kaye, the majority of the time the voluntary recall
system, especially the agency's fast-track recall system
provides a quick and effective means of potentially getting
dangerous products off the market. I should say, getting
potentially dangerous products off the market and out of
consumer's hands. However, the agency's come under growing
criticism for a slowdown of the pace that recalls are being
negotiated as such delays could ultimately harm consumers.
In the past four years, the agency has had three Directors
of Compliance. And I understand the position is now empty again
which raises concerns about the effect of such turnover of the
management of the agency. So the question is can you provide
the Committee with information detailing how long it generally
takes the Commission to negotiate fast-track recalls and
whether that time has increased over the past several years?
Mr. Kaye. Thank you, Senator.
So are you asking specifically about fast-track or recalls
generally because there are actually two separate parts of the
program? My sense of it is that fast-track itself is generally
not controversial. It's required that a company comes basically
with a prepackaged recall including a draft press release. And
those things usually move through pretty quickly. There are
times, though, when our staff does feel the need to ask for a
full report and in essence move from the fast-track to a slower
track to make sure that the information that they are being
provided will actually address, and the proposed remedy by the
company, will actually address the hazard that our staff sees.
There are a couple of other things that you mentioned in
there having to do with voluntary recalls. The Commission does
have a Draft NPR out on amending the voluntary recall rule, or
adding a new section to it. The provisions that generated the
most attention actually came via amendments at the Commission
level. It's not something that I worked on during my time
because it wasn't part of my portfolio. But, if confirmed, it's
something that I will spend a lot of time paying very close
attention to all of the comments and to make sure that we get
it right.
I will say that my guiding principles, since I've been at
the Commission and when I've worked or, at least, been involved
with recalls, I feel that there are three principles at stake.
There's speed, which is certainly important; there's
sufficiency of the remedy; and then there's the method of
communication. I think the right recall is as quick as it needs
to be with as sufficient a remedy to address the hazard and is
broadcast as broadly as possible. Sometimes those three issues
are in tension with each other and we're forced to choose.
Ideally, they all line up. But it's not just speed, it's not
just the type of recall, and it's not just the way it's going
to broadcast. We do look to try to get the complete package.
But I'd be happy to keep working with you since this is an area
of concern with you, if I'm confirmed.
Senator Thune. Great.
And this question is for both, I guess, nominees. When
Congress passed Public Law 112-28, the concern was about the
significant cost of third-party testing requirements. And those
costs were recognized by the Commission itself and its
regulatory flexibility analysis to the testing rule and by
those who are bearing the cost of the very extensive testing
requirement. Congress directed the agency to look for and
implement ways to reduce those costs and to report back to
Congress if it needed additional authorities to implement
opportunities to reduce cost. Three years have now passed. The
Commission's taken no significant action to reduce the testing
cost even though the public and its own staff have put fourth
concrete recommendations on several occasions. Nor has the
Commission asked for additional authorities.
So I would, Mr. Kaye, like a commitment from you that you
will, within 60 days of being confirmed, provide a plan to this
committee outlining specific actions you plan to take to ensure
that the agency aggressively implements burden reduction
opportunities and a timetable for when those actions will
occur. And I would ask, Mr. Mohorovic, if you would make that
same commitment.
Mr. Kaye. Yes, sir.
Mr. Mohorovic. Senator, I can make that commitment as well.
Senator Thune. Great. Thank you.
I would, just to echo my colleague from Missouri, I don't
want to confuse that. I mentioned earlier and I hope that both
of you will work to sort of change the partisan atmospherics at
the Commission. I think it's really important that we have
leadership that can create the type of conditions that are
conducive to finding consensus. And we're not at the best
example of that up here a lot of times. But for the good of the
people who are affected by the decisions that you make, I hope
you'll be able to address that issue and that both of you will
be committed to that end.
And, with that, I thank you. And would say, to you, Mr.
Mohorovic, you have three daughters, save your money.
[Laughter.]
Senator Thune. I had two of them get married in the last 6
months.
Mr. Mohorovic. Senator, I'll do my best. Thank you.
Senator Thune. All right. Thank you.
Thanks, Madam Chair.
Senator McCaskill. Senator Ayotte.
STATEMENT OF HON. KELLY AYOTTE,
U.S. SENATOR FROM NEW HAMPSHIRE
Senator Ayotte. I want to thank the Chair and thank the
Ranking Member.
I wanted to follow up actually on a question that the Chair
had asked. I recently sent a letter along with several of my
colleagues regarding the CPSC standards for recreational off-
highway vehicles. And, as you know, this CPSC has had a
mandatory rulemaking on standards for recreational off-highway
vehicles open for more than four years. This is an important
issue to New Hampshire because, for example, in Northern New
Hampshire, in Berlin, other areas of Northern New Hampshire,
this has been an important part of tourism in this part of our
state.
We have been creating tourism and recreational
opportunities in areas of our state where we've really been
trying to improve the economy. Therefore, this unresolved
rulemaking has created an uncertainty for the recreational off-
highway vehicle industry in New Hampshire as they work to
update voluntary safety standards and provide clear guidance to
the public so that people can safely enjoy the off-highway
vehicles. It's an important part of outdoor activities in New
Hampshire.
There are also concerns that, in its current form, this
mandatory rulemaking doesn't take into consideration the
collective input of a wide variety of stakeholders and could
stall some innovation that might be very important in the
industry.
So can you help me--where this is, and in order to provide
consumers with the most comprehensive and effective safety
standards for off-highway vehicles? Will you work with both the
industry to maintain and update the voluntary standards? Also,
can you help me understand if you choose to move forward with
mandatory standards, will you work collectively with all the
stakeholders to ensure that standards make sense and don't
unnecessarily burden this important industry? Because, I see
this as an opportunity in parts of our state where you can
enjoy the outdoors and we want to do this safely. I would love
both of you to give me your thoughts on those two questions.
Mr. Kaye. Thank you, Senator.
So there is rulemaking in progress as you mentioned.
Pursuant to the operating plan of the Commission, the
Commission directed the staff to send up to the Commission by
the end of this Fiscal Year a draft notice of proposed
rulemaking on ROVs.
In the interim, though, I found it very encouraging that
there has been an excellent dialogue in the past few months
between the voluntary standards group, which is industry, as
well as our technical folks of the specifics of the voluntary
standard. They did invite our technical staff to participate in
the next meeting. Our staff has accepted it and I think that's
a great sign going forward.
The staff will abide by the Commission's direction to send
up the notice of proposed rulemaking by the end of the fiscal
absent the Commission voting otherwise. And during that process
there will, of course, be full engagement in a public way,
public notice and comment and any other meetings that are
requested to try to hear the concerns of industry. Ideally,
though, as I mentioned earlier, the voluntary standard can
reach a place where everybody can be in agreement.
Senator Ayotte. So you think that there's an opportunity
through the voluntary process for everyone to get on the same
page?
Mr. Kaye. I think there is. I do.
Senator Ayotte. Good.
Mr. Kaye. I hope.
Senator Ayotte. Terrific.
Mr. Mohorovic. Thank you, Senator, for the question.
I do recognize also that the CPSC is directing resources
toward the voluntary standards activities. I also recognize
that there is an open rulemaking before the CPSC and I must be
careful not to prejudge on the matter if confirmed. But it's
likely that I'll have to vote upon but you do have my
commitment that, if confirmed, I would like to work with the
staff directly to understand the adequacy of the voluntary
standard to address the hazards, whether or not the staff feels
that the voluntary standard is progressing in an adequate
fashion, and whether or not there'll be a likely substantial
compliance with that standard as well.
This is a particular product category that has emerged
since after my first time at the CPSC which concluded in very
early 2007. So I apologize that I don't have an intimate
working knowledge of this particular product category. But I
recognize it being your priority and it will become mine as
well, if confirmed.
Senator Ayotte. Good.
All I can ask of you is to work with all the stakeholders
to provide some certainty. And obviously, if the voluntary
standards can be agreed upon by all the parties and we can
address both making sure this continues to remain a vibrant
industry and safety concerns from the public. I can see this as
a win-win for everyone.
I appreciate both of you being here and thank you for your
willingness to serve in these important positions.
Senator McCaskill. Thank you, Senator Ayotte.
Senator Klobuchar.
STATEMENT OF HON. AMY KLOBUCHAR,
U.S. SENATOR FROM MINNESOTA
Senator Klobuchar. Thank you very much.
Do you like having three women up here asking you
questions? Probably didn't happen back when you were there in
the past, Mr. Mohorovic.
It is great to see both of you. And I also know that there
are some people back there that have your backs with former
Commissioner Northrup and Acting Chair Adler, as well as my
good friend Chair Tenenbaum. And I was thinking she looked very
fresh and springy. And I was thinking she probably looked
better than when she left the job. And so, you have a lot to
look forward to, the two of you.
I wanted to focus--as you know, I've been involved in the
CPSC issues since I got to the Senate, as a former prosecutor,
and a member of this committee. The pool safety issue,
something that Chair Tenenbaum worked with me on significantly,
and I just want to get your views on the Virginia Graeme Baker
Pool and Spa Safety Act. You should know, we had a little girl,
Abbey Taylor, who died in a pool after living for a year and
her family, the Taylors, were just incredible, from Minnesota.
They would literally call me every week to see if the bill had
passed yet and went public and talked about their experience. I
think it made a major difference in getting the bill done.
And so, I know they'd want to ask me to ask you your views.
I'm going to tell you, though, they're going to call you
themselves.
Mr. Kaye.
Mr. Kaye. Thank you, Senator.
First of all, I would love to hear from them. I really
would. So I would hope they, if confirmed, that they would call
me. And I know that you were there for the family during this
horrible time and have been there for them since then. It's
something that we take very seriously, as you've mentioned.
Chairman Tenenbaum really oversaw the implementation of it and
especially the education campaign. We think that that's a great
campaign for us. It's the largest one we've had, I think, since
2010. We've had 1.5 billion impressions associated with that
campaign. I think we can even do more with it. We do get,
thankfully, from Congress, $1 million every year on it.
I think we have a unique opportunity coming up with regard
the Summer Olympics in Rio. And I mention that because when
London happened, it was a few weeks before London was
happening, actually even closer, and I received the most recent
drowning statistics for that summer. And I was so moved by
them, I called up the President of NBC Sports in his hotel room
5 days before the London Olympics began and I told him what the
numbers were. And I said, ``Please, can you do something about
it on-air, while you have that viewership of the Summer
Olympics? You'll never have that audience again before the next
Olympics.''
Understandably, it was not ideal timing for them. But, to
their credit, they actually worked in some programming. I'm not
going to wait 5 days before this time. If confirmed, I would
hope that we can work with our--I think we have maybe 1,000
partners out there. And really try to go to New York, meet with
NBC, and see if they can work in incredibly meaningful
programming for RIO around this issue.
Senator Klobuchar. That's a very good idea. And I think
that we've seen some improvements since we passed that bill.
And I will ask you about it later on the--can maybe answer in
writing, if that's OK. Because, I have a few other topics--the
Carbon Monoxide Poisoning Prevention Act. It's going to be
coming up on the markup this week, a bill that I authored. And
I think we've continued to see with the cold weather, the
importance of a proper carbon monoxide alarm installation and
system.
Obviously, we thank you, Mr. Kaye, for mentioning the Burt
family in your opening. I know that you know how important this
is. They're just an amazing family and the story of the Mom
losing her baby after putting her to sleep; something I'll
never forget. And I hope you'll work with us on that.
Maybe you want to handle that one, Mr. Mohorovic?
Mr. Mohorovic. Certainly. It would be my honor, Senator,
thank you for the question, to work with you.
I share with you the sympathy with regards to imagining a
situation like that. With three small girls at home, twins who
will be six this month, as well as a 2-year-old, that is the
most horrifying of situations to have to go through. I'm
sympathetic to the issue in general with regards to carbon
monoxide poisoning. And I recognize the fact that the CPSC has
strong efforts underway to be able to address that hazard. And
if confirmed, it will also become a priority of mine as well.
Senator Klobuchar. OK, thank you.
One of the major issues the Commission handled in the last
five to six years was the children's lead standard for toys.
And that was something that our retailers in Minnesota worked
with me and they were actually very eager to get something in
place. And after the kind of deaths we were seeing there and I
worked to write that standard to make it pragmatic and
practical and I think we've also seen some improvements with
that.
But I think I'll make more of a comment than a question
that that is something else to watch out for and I hope we can.
With the able Chair of the Consumer Subcommittee sitting next
to me here, Senator McCaskill, that we can kind of look back at
how that's working in terms of the number of deaths and how
we've seen a very difficult situation with the recalls and
things like that if I get some kind of update on that at some
point beyond the questions of you two.
And last, I'll mention the issue that's already been
mentioned and that's working with the industry on the
recreation off-highway vehicle. A little known fact: There are
still American manufacturers of these vehicles. They happen to
be in my state and, primarily, Polaris and Arctic Cat; two
companies made it through a difficult downturn when I think a
lot of people were writing them off. And I know they are very
interested in having good standards that protect safety and
that are also practical and work for everyone.
And I appreciate both of you, your answers to the questions
of Senator McCaskill and Senator Ayotte on this topic. And I
think we can leave it there and I look forward to working with
you on this in the future. So thank you very much. And thank
you for being here. And good luck.
Senator McCaskill. Thank you.
I just wanted to just briefly address one more thing. I was
interested in your testimony, Mr. Mohorovic, about the problem
we have with imported products that are substandard. And this
kind of mirrors a problem that we've had with dumping. Where I
have gone over to testify a number of times about illegal
dumping where these companies who have tariffs are putting
their products through another country, labeling it as if it
comes from that country, and thereby avoiding some of the
tariff requirements. And I've seen it in my state impact things
like mattresses and coat hangers, where they have avoided
tariff payments by illegal means.
And one of the things we looked at when we were trying to
get at that problem was a bonding requirement. Because, what
would happen is customs and border inspections would try to
track them down and then it would turn out to be a post office
box and by the time they found the post office box for their
agent in this country that box would no longer be valid and the
address would no longer be there, and there was no bonding that
had to be put into place by the importer.
So I'd like to explore that with you in the context that
you're talking about. Maybe there is a way that we can join
forces on this problem and implement a more aggressive bonding
structure so that there would at least be some financial
penalties that could be significant for those people who are
facilitating the importing of goods that either are being
brought here illegally and invading our tariff laws or that are
being brought here with substandard production qualities that
make them unsafe for the consuming public.
And what I would like to take a look at that and see if
there could be some way--and maybe we can, you know, you guys
can get together with customs and border inspection and talk
about that. I think it might be a great way to avoid some
duplication and help on two different fronts, if we can do
that. I was interested that you saw that as an issue that you
guys could look at.
The final question I'd ask both of you is how do you see
the job of prioritizing your resources even though you have a
higher profile now and have some assistance with the
legislation we passed in the not too distant past? There's
still just an overwhelming number of products out there that
need to be investigated; an overwhelming amount of work that
could be done.
And I think maybe the most important job of the Commission
is to prioritize the resources. So what is the risk-based
analysis that you embrace that would show your thoughts on how
you ever pick between the thousands of products that have been
brought to your attention in terms of investigation and
potential action that needs to be taken?
Mr. Kaye. So the starting point for us has to, of course,
be those areas where Congress has told us to focus on; what we
consider to be mandatory actions. And so, we start with those.
Those we have to do by law and we focus on them. Putting aside
that bucket, we do have, I think, a pretty robust risk
assessment system internally whereby which our staff and
integrated teams assess all of the incident data as they come
in in the incident reports and categorize them and code them
and then do their own assessment. And we rely on technical
staff. We try not to impose our judgment on them since we don't
have the knowledge that they do. Allow them to make their
recommendations and then that usually ends up flowing up in the
Commission's operating plan.
And so, what they'll do is they will prioritize the work
product, starting with the mandatory work, as I mentioned,
where Congress requires us to do, then filling in where they
see, based on risk. And, depending on the level of resources we
have, they'll put a line there and say this is the path of
current funding level, these are the projects that we suggest
the Commission work on. Usually the Commission accepts that.
There may be some fiddling here and there.
What that ends up focusing on, as I think it should, is
vulnerable population. In particular, it's been children. I
will say something that, if confirmed, that I'd like to
continue to work on is something that Acting Chairman Adler has
recently begun which is a focus as well as on seniors.
Unlike children's products which are manufactured
specifically for children, there are generally used products
that when somebody may have purchased them a long time ago, by
the time they reach senior age, their interaction with that
product becomes very, very different. And I think Acting
Chairman Adler is onto something where he wants his staff to
take a look at some of those products, they end up being
mechanical hazards generally, and see if there's a better way
to focus through the voluntary standards efforts, beginning
there, on trying to address those. But we do have a pretty good
internal risk process to rank those products.
Mr. Mohorovic. Chairman, if I may?
Senator McCaskill. Yes.
Mr. Mohorovic. First of all, I think you'll find a
tremendous amount of alignment between my position with regards
to risk-based decisionmaking and those that were just described
by Mr. Kaye. And I also agree. It first starts with our
Congressional mandates and those priorities that are identified
for us by Congress.
But then, with regards to risk-based decisionmaking, it
does come down to a three-pronged approach. Identify and being
able to capture the magnitude of the hazard in question.
Critical part number two would be the susceptibility of that
hazard to remedial action. And then, third, the cost of
achieving that remedial action. And that would be a general
process by which I think a risk-based decisionmaking for agency
resources and prioritization can be met effectively well.
Senator McCaskill. As the Chairman of the Subcommittee on
Consumer Product Safety, I would certainly appreciate a glance
at where the line falls. I think it would help us get more
resources for you if members of Congress understood what was
falling below the line. I don't think many people over here
realize the body of work that is left undone just by virtue of
the resources that are available. And I think it might be
shocking to people to see where that line might fall and how
many things, just by the nature of the work that you must do
and the resources you have, that you just can't get to.
I think it would be helpful to your agency for us to have a
sense of that. And I would look forward to you, if you are
confirmed, sharing that with our subcommittee so we can maybe
put out some kind of publication about, without going into too
many specifics because we don't want anybody to think they're
off the hook in terms of getting looked at for consumer product
safety, but giving the public and members of Congress an idea
of what it would look like if we could do all the work that we
really needed to do.
Thank you all, both, for being here. Thank you for your
willingness to serve. I know that we had some other----
I thank, Acting Chairman Adler. And former Commissioner
Northrup were also in the audience. I thank them for their
service also. And thank you all very much for your testimony
today and we will try to get you out of this committee and to
the full Senate as quickly as possible.
Thank you very much.
Mr. Mohorovic. Thank you, Madam Chairman.
[Whereupon, at 4:35 p.m., the hearing was adjourned.]
A P P E N D I X
Response to Written Questions Submitted by Hon. John D. Rockefeller IV
to Vice Admiral Paul Zukunft
Towing Vessel Inspection Rulemaking
The towing vessel inspection rulemaking (``Subchapter M'') was
mandated by Congress nearly 10 years ago in the Coast Guard and
Maritime Transportation Act of 2004. Pursuant to section 701(c) of the
Coast Guard Authorization Act of 2010 (Pub. L. No. 111-281, 124 Stat.
2980), a final rule was mandated to be issued not later than October
15, 2011. It is my understanding that the delay in finalizing this
long-overdue rulemaking is substantially hindering potential
advancements in safety for the tugboat, towboat, and barge industry. I
urge you to make publication of the final rule on towing vessel
inspections one of your highest marine safety priorities as Commandant.
Question 1. Provide a prospective timeline for completion of the
``Towing Vessel Inspection (Subchapter M)'' Rulemaking including: (a)
date for finalization and transmittal of the rulemaking to DHS for
review; and (b) the Coast Guard's plan to work with DHS in developing a
mechanism for prompt review of the rulemaking.
Answer. The latest estimated date for publication of the Final Rule
is likely to be in March 2015. The Coast Guard Marine Safety & Security
Council and DHS Executive leadership, as well as their staffs, meet on
a regular and frequent basis to ensure close coordination for
rulemakings.
Question 2. Provide the status of Coast Guard's review of the
Towing Safety Advisory Committee's recommendations--in particular, the
Committee's 2011 report on the notice of proposed rulemaking on towing
vessel inspections--and any plans the Coast Guard has to incorporate
these recommendations into the ``Towing Vessel Inspection (Subchapter
M)'' final rule.
Answer. The Coast Guard has reviewed the recommendations contained
in the Towing Safety Advisory Committee's 2011 report on the notice of
proposed rulemaking on towing vessel inspections. Due to the ongoing
status of this rulemaking, the Coast Guard is prohibited from providing
additional detail at this time.
Cruise Ship Inspections
There have been a number of high profile accidents and cruise ship
fires over the last few years. While the Coast Guard has limited
authority over foreign flagged cruise ships, they should continue to
prioritize and improve inspections of them. Last month, the Coast Guard
announced a plan to conduct unannounced cruise ship inspections that
will spot check for deficiencies which impose inherent dangers to the
safety of passengers and crew.
Question 3. How will the Coast Guard's decision to initiate
unannounced examinations of cruise ships help improve safety?
Answer. The decision to conduct unannounced examinations puts
cruise lines on notice that the Coast Guard may board any vessel at any
time to determine whether or not it is in compliance with the
international standards we enforce. We have selected the vessels to
inspect based on their compliance histories, allowing us to focus our
resources on vessels with above average deficiency rates. We expect
that this program will provide additional information on the
maintenance of cruise ship safety systems as well as provide an
additional incentive to vessel owners to maintain compliance with
standards and be ready for random Coast Guard examinations.
Question 4. Given the number of serious accidents in recent years,
how will you continue to make cruise ship safety a priority for the
Coast Guard?
Answer. Cruise ship safety is a top priority for the Coast Guard.
We recognize the risks associated with having thousands of passengers
on one vessel, and will continue to focus our resources on cruise ship
safety. We will work to make sensible improvements to our inspector
training as well as our port state control programs, already widely
recognized as the best in the world, to further enhance cruise ship
safety oversight. In coordination with our National Center of Expertise
for Cruise Ships, we have recently instituted unannounced cruise ship
examinations, upgraded our inspector training and qualification
standards for cruise ship exams, and commenced work on a video training
tool to familiarize new inspectors with cruise ship exams along with
providing continuing education for more seasoned inspectors.
Additionally, we have been closely monitoring improvements being made
to the vessels that experienced recent fires, which will enhance their
capability to prevent future incidents.
Small Vessel Security
Improving small vessel security measures is essential to our
maritime and port security. It is challenging to identify the potential
risks posed by roughly 17 million small vessels operating on our
coastal and inland waters. The Marine Safety Unit in Huntington, West
Virginia, alone patrols 350 miles of navigable waterways in West
Virginia, Ohio, and Kentucky, including numerous ports, chemical
facilities, and other critical infrastructure.
Question 5. What will you do as Commandant (reference to VADM
Zukunft--prospective 25th Coast Guard Commandant) to improve maritime
security for small vessels? And once we do those things, how will we
know that it is enough?
Answer. The diversity of small vessels precludes any single, one-
size-fits-all solution; rather, it requires a range of actions to
minimize risk. That said, the Coast Guard is firmly committed to
working with its partners to ensure the safety and security of the U.S.
marine transportation system (MTS). In concert with our federal, state
and local partners, we continually assesses the risks associated with
vessels, operations, and maritime critical infrastructure located
within U.S. ports and waterways. Once the risk is assessed for a
particular vessel, operation, or maritime critical infrastructure, the
Coast Guard uses a risk-based decision methodology to determine the
appropriate level of security activities required to mitigate the
identified risks. These security activities, combined with the owner/
operator security initiatives provide an effective, layered security
system that will help to protect the MTS from nefarious actors.
Question 6. What performance measures does the Coast Guard have for
implementing a successful Small Vessel Security Strategy?
Answer. To achieve a successful Small Vessel Security Strategy, the
Coast Guard will aim to complete the action items contained in the 2011
DHS Small Vessel Security Strategy Implementation Plan. As of April
2014, forty-three (43) of the action items have been completed or are
being used operationally on a daily basis by the USCG. The remaining
items (26) are partially completed, pending regulatory development,
technology research, funding allocation, or human resource support.
Arctic Operations/Polar Icebreakers
The melting polar ice is leading to a significant increase in
commercial and non-commercial activity in Arctic waters. The United
States is at risk of being unable to support national interests in the
region and having our sovereignty weakened. The Coast Guard only has
two operational ice breakers in its fleet. And of those two
icebreakers, one is over 30 years old and one has limited icebreaking
capabilities. A new heavy duty icebreaker is estimated to cost $1
billion and may take up to a decade to enter service.
Question 7. Do you have enough assets to support the polar
operations mission?
Answer. Current mission demands are being met with mobile and
seasonal deployment of Coast Guard assets. These assets include cutters
(icebreakers, national security cutters, sea going buoy tenders, and
patrol boats), aircraft, boats, communication systems, and personnel.
Question 8. How much Coast Guard presence should be in the Arctic?
Answer. The Coast Guard continues to carry out its eleven statutory
missions to ensure the safety, security, and stewardship of U.S. waters
in the increasingly accessible Arctic. Coast Guard presence will evolve
as the extent and intensity of human activities develop and thus long-
term requirements for the Arctic will be based on operational demand.
Question 9. How is the Coast Guard working with the Administration
in pursuing a clear interagency arctic policy?
Answer. The Arctic Region Policy is contained in NSPD-66/HSPD-25.
Additionally the Coast Guard Arctic Strategy aligns seamlessly with the
National Strategy for the Arctic Region. The various implementation
plans developed to achieve these strategic goals contain specific,
achievable actions, set timelines to accomplish them, and list the
various Federal agencies and groups responsible for implementation.
Question 10. How many icebreakers do we need to have adequate
presence in the Arctic?
Answer. Current mission demands anticipated for at least the next
decade can be met with CGC POLAR STAR and CGC HEALY.
Question 11. How important is it to recapitalize the icebreaking
fleet?
Answer. To sustain current mission demands, the Coast Guard must
either recapitalize CGC POLAR STAR by the projected end of service life
(2020-2023), or develop an alternative bridging strategy..
Question 12. At what point do you take action and recapitalize the
Coast Guard's icebreaking fleet, rather than wait for a `whole of
government' funding stream?
Answer. Recapitalization of the Coast Guard's icebreaking fleet is
already underway. The Coast Guard has completed initial pre-acquisition
activities for a new polar icebreaker, including an Icebreaker Mission
Needs Statement and Icebreaker Concept of Operations. The Coast Guard
is currently working to complete the Preliminary Operational
Requirements Document in 2014, which will be followed by an
Alternatives Analysis.
Training/First Responder Capability
The Coast Guard is often referred to as ``the nation's first
responders'' because it is typically the first on the scene in a
crisis. Your rapid response to disasters like hurricane Sandy and the
Deepwater Horizon oil spill are no coincidence--it's the product of
training. Coast Guard officers are trained to carefully assess the
risks and benefits when there's an emergency, so they know whether and
how to react without having to wait for orders.
Question 13. With proposed cuts in the Coast Guard's budget and
growing operational demands, what steps will/is the Coast Guard taking
to guarantee that we maintain the necessary training to preserve the
Coast Guard's critical ``First Responder'' capability?
Answer. The 2015 Request includes $198 million ($7 million less
than 2014 Enacted) for the Coast Guard's training and recruiting
programs. This decrease reflects savings associated with reduced
recruiting requirements, efficiencies in Coast Guard training systems
and scaled-back offerings of lower priority training and educational
opportunities. Coast Guard will continue to fully support required
qualification and training for its operations, including ``First
Responder'' training.
Organizational Performance Consultants
The Coast Guard has an opportunity to improve its organizational
performance through the use of its Organizational Performance
Consultants. This program was designed to leverage internal expertise
to assist commands and staffs in performance assessment and
improvement.
Question 14. Senator Rockefeller is disturbed to hear that the
Organizational Performance Consultant program is being reduced in size.
Why is the program being scaled back?
Answer. The Coast Guard's Organizational Performance Consultants
(OPCs) are one resource amongst a suite of resources which aid Coast
Guard units in improving their performance. Given the host of resources
available to units, OPCs were scaled back to find efficiencies within
the program.
Question 15. It appears to Senator Rockefeller that if the Coast
Guard invested more training into the program and educated the field
units on who the Organizational Performance Consultants are and what
they do that they would be utilized more often. Does the Coast Guard
ensure that the field units are aware of the Consultants and the
services they offer?
Answer. In addition to numerous Commandant Instructions and
guidebooks, Organizational Performance Consultants maintain an active
web based presence and maintain contact with Coast Guard units within
their areas of responsibility to ensure units are aware of performance
management training and services available.
Question 16. Some of the other Armed Services have used other
management concepts such as ``Lean Thinking'' and ``Six Sigma'' to
improve their processes as well as finding significant ways to reduce
costs. Are these tools that the Organizational Performance Consultants/
Coast Guard use?
Answer. Baldrige is the primary process improvement framework
employed by Organizational Performance Consultants. Many Organizational
Performance Consultants are cross trained in other management concepts
including Six Sigma and Lean Thinking. In addition, Lean Six is used
throughout the Coast Guard at various depot level Service Centers and
product lines to increase efficiency. These Service Centers employ
personnel trained in Lean Six and other process improvement
methodologies to support these initiatives.
Coast Guard Budget Cuts
The Administration's budget for Fiscal Year 2015 includes a 4
percent cut in funding for the Coast Guard to include a 21 percent
reduction in Acquisition, Construction, and Improvements. These cuts
will result in the purchase of two Fast Response Cutters instead of six
as well as other significant reductions in operational capabilities.
Question 17. Does the Administration's budget provide the Coast
Guard with the resources you need to do your job?
Answer. The FY 2015 President's Budget request funds the Coast
Guard's highest priority needs, which are investment in long-term
operational capacity and sustainment of critical front-line operations.
Question 18. What additional resources does the Coast Guard need to
meet its mission requirements?
Answer. The Coast Guard is charged with carrying out all of its 11
statutory missions and is wholly committed to performing assigned
missions and responsibilities. The 2015 President's Budget provides the
best allocation of Coast Guard's resources to meet operational demands
with available resources, using a risk-based approach.
Question 19. How many operational days have our ships lost due to a
lack of funding?
Answer. Sequestration in FY 2013 impacted available fuel and
maintenance funds, reducing the number of days which cutters could be
run fleet wide. The Coast Guard reduced planned underway days by
approximately 3,500 days when compared to FY 2012.
Question 20. What other operational tradeoffs have been made due to
a short-sighted budget?
Answer. The President's Budget provides the best allocation of
Coast Guard's resources to meet operational demands with available
resources, using a risk-based approach.
______
Response to Written Questions Submitted by Hon. Maria Cantwell to
Vice Admiral Paul Zukunft
Canadian Oil Sands
Canadian Oil Sands oil, or Tar Sands oil, is being moved by
pipeline to the West Coast of the United States and Canada. While a
small amount of oil sands is refined in the United States, most of this
oil is shipped to international markets via barges, tankers and
supertankers through Pacific Northwest waterways. Recent reports
suggest that oil sands traffic will continue to increase.
Question 1. Please outline specific actions the Coast Guard is
taking to address additional oil sands traffic in and near to Pacific
Northwest waterways. In your answer, please include safety, response
and clean-up measures.
Answer. The Coast Guard reviews and approves vessel and facility
response plans to ensure the appropriate oil spill containment and
cleanup resources are available to respond to a worst case discharge.
These plans are exercised regularly as part of the Preparedness for
Response Exercise Program. The Coast Guard also conducts preparedness
assessment visits for oil spill response organizations to ensure the
private sector resources are capable of meeting response requirements.
Response, clean-up measures, and safety protocols are outlined in Area
Contingency Plans, which are reviewed and updated in consultation with
multiagency stakeholders to ensure the plans reflect the risks
associated with each port environment.
Question 2. In your testimony, you indicated that the Coast Guard
is not adequately prepared to respond to the unique challenges posed by
a potential oil sands spill. If confirmed, how will you promote the
implementation of new oil sands clean up technologies, procedures and
response plans?
Answer. Effective response to Canadian Oil Sands Products relies on
the same basic technologies and strategies that are used to respond to
spills of other types of oil. The Coast Guard will continue to increase
awareness of and preparedness for response to emerging products such as
oil sands thorough coordination with industry and interagency partners
and through regular updates to our Area Contingency Plans. In addition,
the National Response Team is planning to develop a quick reference
card about oil sands products which will help increase awareness of the
unique response challenges posed by these products. Finally, as Chair
of the Interagency Coordinating Committee on Oil Pollution Research
(ICCOPR), the Coast Guard will work closely with its Federal research
peers and industry and academia to promote awareness and joint support
for new prevention and response technologies.
Question 3. After the Deepwater Horizon Oil Spill Disaster, many
reports indicated that our oil spill response technology is out of
date. Unfortunately, there has been little to no progress since 2010.
Answer. Government, industry and academia are involved in a variety
of research endeavors in the wake of the Deepwater Horizon spill that
address new technologies for and a better understanding of oil
pollution. For example, three major Joint Industry Task Forces have
funded significant research that continues through the present day that
addresses spill prevention and response in deepwater environments and
high-latitude areas. In addition, several academic research consortiums
have evolved including the Gulf of Mexico Research Initiative (GoMRI)
and the Gulf of Mexico Alliance (GoMA). The Federal Government is
sponsoring or supporting a number of research initiatives, many of
which are socialized and supported through the 15-member Interagency
Coordinating Committee on Oil Pollution Research (ICCOPR). Finally, the
Bureau of Safety and Environmental Enforcement (BSEE) hosted an
international competition at its National Oil Spill Response Research &
Renewable Energy Test Facility (Ohmsett) to test the latest advances in
oil cleanup technology.
Question 4. What incentives can the Coast Guard and its partners
provide to industry to encourage innovation in oil spill response
technologies?
Answer. The Coast Guard continues to promote the importance and
need for new spill prevention and response technologies through a
number of forums. In particular, the 15-member Interagency Coordinating
Committee on Oil Pollution Research (ICCOPR), chaired by the Coast
Guard, is tasked to coordinate a comprehensive program of oil pollution
research, technology development, and demonstration among the Federal
agencies, in cooperation and coordination with industry, academia and
with other nations.
Federal research partners such as the Bureau of Safety and
Environmental Enforcement (BSEE), the Department of Energy (DOE), the
Pipeline & Hazardous Materials Safety Administration (PHMSA) and the
National Oceanic and Atmospheric Administration (NOAA) have sponsored a
variety of funding grants and activities that have supported industry
and academia in solving various challenges associated with oil spills.
Question 5. As Commandant, how would you work with other Federal
agencies to leverage resources to address these technology gaps both
for traditional crude and oil sands oil products?
Answer. The Coast Guard maintains strong relationships with the
Federal interagency through various coordination bodies including the
Interagency Coordinating Committee on Oil Pollution Research (ICCOPR)
and the National Response Team (NRT). The ICCOPR has discussed oil
sands products at past committee meetings and plans to further discuss
oil sands product research coordination in upcoming committee meetings.
The NRT held discussions on oil sands at their recent NRT Co-chairs
Meeting in March and the NRT Science and Technology Committee plans to
discuss best practices for oil sands product research coordination in
their upcoming meetings.
Coast Guard Budget
Both the Government Accountability Office and Admiral Robert J.
Papp Jr. stated that at least $2 billion to $2.5 billion is needed to
continue the Coast Guard's recapitalization program in an effort to
acquire the assets listed in its program of record. As you know, the
President's Budget for Fiscal Year 2015 included only $1.1 billion for
Coast Guard acquisitions.
Question 6. When does the Coast Guard intend to complete acquiring
the assets listed in its program of record? How has the completion of
this program changed over the last 5 fiscal years?
Answer. The Coast Guard continues to work with DHS to examine
requirements in support of the Department's priorities.
Question 7. How will these delays impact the Coast Guard's ability
to keep up with our Nation's demands to ensure national security and
respond to natural and man-made disasters?
Answer. The Coast Guard will, as it always has, allocate its
resources to address the highest risks and be prepared to surge force
as needed for immediate and short-term disaster response.
Question 8. In the Coast Guard's Fiscal Year 2015 budget request,
there is a decrease of $15 million listed as operational efficiencies
that will reduce available cutter, boat, and aircraft hours. Without
impact to search and rescue, urgent security activities and hours
required to maintain operational proficiency, how will the Coast Guard
be able to meet its other traditional missions such as maintaining aids
to navigation, marine environmental protection and other law
enforcement priorities if less asset hours are available?
Answer. The Coast Guard will, as it always has, allocate its
resources to address the highest risks.
Proposed Expansion Tesoro-Savage Oil
There is a strong movement to expand the Tesoro-Savage Oil terminal
in Vancouver, WA with the expectation that more Bakken crude will be
transferred from rail transport to marine transport--up to 380,000
barrels of crude per day. Bakken crude is highly volatile and much more
explosive than regular crude. There is also a strong movement by some
groups to build coal export terminals in Longview, WA and Cherry Point,
WA.
Question 9. What is the Coast Guard doing to prepare for the
possible significant increase in Bakken oil transfer from land to
water, as well as marine transport on the Columbia River?
Answer. The Coast Guard, in conjunction with the local Harbor
Safety Committee and Area Committee, is conducting a Vessel Traffic
Risk Assessment to evaluate the projected increase in marine traffic in
Puget Sound due to increased Bakken crude oil movement.
Question 10. What actions is the Coast Guard taking to ensure that
industry is prepared for a worst case discharge scenario during oil
transfer operations on the Columbia River?
Answer. The Coast Guard reviews and approves vessel and facility
response plans to ensure the appropriate oil spill containment and
cleanup resources are available to respond to a worst case discharge.
These plans are exercised regularly as part of the Preparedness for
Response Exercise Program. The Coast Guard also conducts preparedness
assessment visits for oil spill response organizations to ensure the
private sector resources are capable of meeting response requirements.
Additionally, Coast Guard Sectors maintain Area Contingency Plans that
lists agency roles and responsibilities, environmentally sensitive
areas, response protocols, and available resources for worst case
discharge scenarios. The plans are reviewed and updated in consultation
with the respective Area Committees, which include representatives from
federal, state, and local government, as well as industry and oil spill
response organizations.
Question 11. What environmental and/or response analysis has the
Coast Guard conducted thus far with regards to each terminal proposal?
Answer. Coast Guard regulations require waterfront facilities that
handle bulk oil and liquid hazardous materials, to prepare oil spill
response plans. Changes in the volume or type of oil coming into the
facility from ships and barges would require a revision to those plans.
Because Tesoro expects to handle the Bakken crude and subsequent
product via rail and pipeline, the proposed expansion will not impact
marine traffic. The Coast Guard does not expect to require any changes
in their facility response plan at this time.
Question 12. With regards to the above terminal proposals, what
deficiencies and oil and/or coal spill mitigation strategies have been
identified at each site?
Answer. There are no Coast Guard spill response plan requirements
for coal, which is not classified as a hazardous material. The Coast
Guard is working with the Harbor Safety Committee to evaluate the
potential for increased risks should these terminals be constructed.
______
Response to Written Questions Submitted by Hon. Roger F. Wicker to
Vice Admiral Paul Zukunft
Capability Gap--8 National Security Cutters vs 12 High Endurance
Cutters
The current program of record is to replace the 12 High Endurance
Cutters with only 8 National Security Cutters. I have toured a National
Security Cutter and it seems to be a very capable ship, much more
capable than the High Endurance Cutters that were built over 50 years
ago. Still, the math doesn't seem to add up.
Question 1. What is the anticipated capabilities gap in operational
hours between replacing 12 ships with 8?
Answer. The program of record was not designed as a one-for-one
replacement for each legacy asset. The new assets are more capable than
the legacy assets in order to meet the Coast Guard's needs with fewer
ships.
Question 2. What is the Coast Guard's plan to address this gap?
Answer. The program of record is sufficient to meet the Coast
Guard's capability needs.
Impact of Administration's ``Pivot to Pacific'' on Coast Guard Drug
Interdiction Ops
It seems to me that this capabilities gap is compounded by the
President's ``pivot to the Pacific'' and the decreasing availability of
Navy ships available for assisting with Coast Guard missions.
Question 3. How are these factors impacting Coast Guard operations?
Answer. The Coast Guard allocates major cutters, fixed wing
aircraft, airborne use of force helicopters and Law Enforcement
Detachments to support JIATF-S Detection and Monitoring (D&M)
activities. This allocation is based on the Global Force Management
(GFM) process and Requests for Forces (RFFs) from the Department of
Defense. Fewer U.S. Navy surface combatants operating in support of
JIATF-S provides fewer opportunities to deploy LEDETs that perform
interdiction and apprehension of suspected drug smuggling vessels.
Offshore Patrol Cutters Delivery Timeline
It is my understanding that the Coast Guard recently selected three
shipyards for preliminary and contract design for the Offshore Patrol
Cutters.
Question 4. Despite this progress, the offshore patrol cutter is
still in its early phases. When do you expect the first offshore patrol
cutter to be operational?
Answer. The first Offshore Patrol Cutter is currently scheduled to
be delivered in FY 2021.
Question 5. How much do you expect the first offshore patrol cutter
to cost and how does that compare to the fixed cost of the National
Security Cutter?
Answer. The Offshore Patrol Cutter is still in the Preliminary
Design phase and therefore no specific construction cost is available.
However, affordability is a focus of the Offshore Patrol Cutter and the
acquisition has been structured to maximize competition, affordability,
and flexibility.
Question 6. If you were to acquire additional National Security
Cutters, would that help fill the capabilities gap between replacing
twelve ships with eight while the offshore patrol cutter is designed
and constructed?
Answer. The Coast Guard believes that the program of record,
consisting of 8 National Security Cutters and 25 Offshore Patrol
Cutters, is the appropriate mix of assets to meet Coast Guard
capability needs.
______
Response to Written Questions Submitted by Hon. Marco Rubio to
Vice Admiral Paul Zukunft
Impact of DOD/Navy Asset Availability on Coast Guard Drug Interdiction
Ops
Admiral: Thank you for coming by my office recently. I appreciate
the introductory meeting we had. As you know, the Coast Guard is
integral to many aspects of maritime life in Florida--port security,
search and rescue, boater safety, homeland security, counter illicit
trafficking for narcotics and human smuggling--and many other missions.
Recently General John Kelly, Commander of U.S. Southern Command, made
news when he told the Senate Armed Services Committee that he struggles
to receive the assets he needs as commander to effectively do his
mission and prevent the worst kind of narcotics from entering the U.S.
via our maritime border. I am concerned that under this administration
the size of the Navy's fleet continues to dwindle. Coast Guard or other
law enforcement presence on Navy ships is essential in supporting the
counter illicit trafficking mission of Joint Interagency Task Force
(JIATF) South, a combined military and law enforcement organization
headquartered in Key West that reports to SOUTHCOM.
Question 1. With the reduction of Navy ships overall and the
dramatic drop in availabilities for ship deployments in the Western
Hemisphere, how has the burden shifted to the Coast Guard?
Answer. The reduction in Navy vessels limits the opportunity for
the Coast Guard to place Law Enforcement Detachments on board U.S. Navy
ships. The Coast Guard allocates major cutters, fixed wing aircraft,
airborne use of force helicopters and Law Enforcement Detachments to
support JIATF-S Detection and Monitoring (D&M) activities. This
allocation is based on the Global Force Management (GFM) process and
Requests for Forces (RFFs) from the Department of Defense.
Question 2. How has the Coast Guard done at compensating for the
loss of grey-hulled Navy ships?
Answer. Coast Guard has employed new assets, coupled with robust
interagency and international coordination will enable the United
States and partner nations to best mitigate threats throughout the
maritime domain.
Question 3. What has been and will be the impact on Coast Guard
operations in the Caribbean and Eastern Pacific as a result? How have
operations Puerto Rico been impacted?
Answer. Fewer U.S. Navy surface combatants operating in support of
JIATF-S provides less detection and monitoring platforms from which to
deploy LEDETs that perform interdiction and apprehension of suspected
drug smuggling vessels.
Question 4. How have traffickers altered their patterns for illicit
trafficking? What impact has this had on Coast Guard operations?
Answer. Illicit smuggling is a multi-billion dollar enterprise. The
Transnational Criminal Organizations behind these activities are
adaptive adversaries constantly changing their tactics and methods of
conveyance to avoid detection by law enforcement.
Offshore Patrol Cutter Delivery Delays
I am particularly interested in the final implementation of the
Offshore Patrol Cutter project that will go a long way in protecting
the coasts of Florida and helping the Coast Guard more effectively do
it mission by replacing the current fleet of 210 foot and 270 foot
cutters. It is vital to your recapitalization plans that we get this
contract right and that the best ship be delivered. I know that there
are currently three companies working to complete protocols for the
final contract, including Eastern Shipbuilding in Panama City, Florida.
I would just like to stress the importance of the Offshore Patrol
Cutter program and the recapitalization effort in general as a vital
component to our national security.
Question 5. With the proposed reduction in the Coast Guard's
acquisition funding, and slowing of the Fast Response Cutter delivery
schedule as proposed in the President's FY15 budget, coupled with an
Offshore Patrol Cutter (OPC) project that won't deliver a cutter for at
least another few years, how will the delayed delivery of those ships
impact maritime security and Coast Guard missions closer to our ports,
in the Exclusive Economic Zone?
Answer. Major cutters are vital to DHS' layered security strategy
and the FY 2015 President's Budget supports the Coast Guard's highest
priorities by providing for the production of the eighth and final
National Security Cutter and continuing the Offshore Patrol Cutter
acquisition.
Question 6. What will the impact be on securing the vast maritime
border of the United States in addition to port security?
Answer. Major cutters are vital to DHS' layered security strategy
and the FY 2015 President's budget supports the Coast Guard's highest
priorities by providing for the production of the eighth National
Security Cutter and continuing the Offshore Patrol Cutter acquisition.
Question 7. The recapitalization levels, particularly in
shipbuilding, proposed by the administration over the past few years do
not appear to support what the Coast Guard needs support your statutory
missions. How will recapitalization funding levels impact the Mission
Needs Statement (MNS) and your current Program of Record?
Answer. The MNS and Program of Record capture Coast Guard needs
independent of funding levels.
Question 8. The Coast Guard is a can-do organization and routinely
is asked to do more with less. Are we at the point where the Coast
Guard will have to do less with less?
Answer. The Coast Guard and its DHS partners will, as it always
has, continue to make the best use of the resources available to
address the highest risks.
______
Response to Written Questions Submitted by Hon. Kelly Ayotte to
Vice Admiral Paul Zukunft
Drug Interdiction Operations
(Sen. Ayotte asks) Heroin has become a major problem across the
country, but particularly in New England and New Hampshire. This is a
very real problem, and I believe we need to be looking at all aspects
of how to fix it, including prevention, education, and treatment. A big
part of the problem, however, is the availability of heroin. In March,
I questioned Homeland Security Secretary Johnson in a Senate Homeland
Security and Governmental Affairs Committee hearing about the role of
DHS in combating the heroin epidemic. He assured me it was a priority
for the department. On the same day, in a Senate Armed Services
Committee hearing, I asked the commanders of U.S. Northern Command and
U.S. Southern Command for an assessment of what actions the government
is taking to identify and stop transnational drug-trafficking rings.
Question 1. What is your assessment of the threat transnational
drug rings pose to our country?
Answer. As outlined in the President's Countering Transnational
Organized Crime (CTOC) Strategy, Transnational criminal organizations
undermine the rule of law in neighboring countries, decrease economic
competition, and promote instability on U.S. borders. The Coast Guard
also defers to the Departments of State, Justice and Homeland Security
in assessing the threats posed to the U.S. by transnational criminal
organizations.
Question 2. What is the Coast Guard doing to counter this threat?
Answer. The Coast Guard is the lead Federal agency for maritime law
enforcement. The Coast Guard supports the Administration's National
Drug Control Strategy and CTOC by interdicting shipments of illicit
drugs (primarily cocaine) in international waters and in the maritime
approaches to the United States.
Question 3. Where is the threat greatest?
Answer. The Coast Guard defers to the Office of National Drug
Control Policy (ONDCP) on this question.
Question 4. Can you give me an assessment of heroin interdiction
trends in particular?
Answer. Historically, maritime interdictions of heroin by Coast
Guard are infrequent.
Question 5. If confirmed, will you make drug interdiction a top
priority?
Answer. Drug interdiction is one of the Coast Guard's eleven
statutory missions. I am committed to performing all of the Coast
Guard's missions with the resources I have available.
Question 6. What is your assessment of the Coast Guard's
collaboration with state and local law enforcement, as well as the
defense department (like SOUTHCOM and NORTHCOM), when it comes to
interrupting drug trafficking?
Answer. The Coast Guard has well established ties and coordinates
and conducts joint operations with other DHS components and interagency
partners in a whole-of-government response to drug trafficking.
Sexual Assault Prevention
In July 2013, before it was required of all military branches, the
Coast Guard began assigning Special Victim's Counsels to sexual assault
victims. I commend the Coast Guard for being proactive on this.
Question 7. How concerned are you about sexual assault in the Coast
Guard?
Answer. Sexual assault is a crime and is a breach of trust and a
violation of our core values. For these reasons, every effort is being
made to eliminate sexual assault from our Service.
Question 8. Are you able to give me an assessment of how the
program is working?
Answer. The Coast Guard continues to focus on creating a culture
where every service member feels duty-bound to intervene and protect;
where victims feel empowered to report offenders without fear of
reprisal; where every leader creates a command climate intolerant of
sexual assault and founded upon trust and mutual respect; and where
every report is vigorously investigated, crimes are prosecuted and
where justice is served. Feedback thus far suggests there is improved
trust in the process, as well as faith that leadership will respond
appropriately; if confirmed as Coast Guard Commandant, I commit to
strengthening that trust and deepening that faith.
Question 9. If confirmed, what will you do to ensure a safe and
healthy environment in the Coast Guard, beyond what is now required
under law?
Answer. Sexual assault is not just a military issue; it is also a
societal issue. Because of the public trust placed with the Coast
Guard, the Coast Guard holds itself to a higher standard of conduct,
which requires the determination and courage of every Coast Guardsman
to promote a culture of respect and proactively act to eliminate sexual
assault.
Human Trafficking
We know that human trafficking isn't just the illicit movement of
people into the United States. In fact, it is happening in our own
communities and we must bring this to light.
Question 10. But to the extent it can, and often does, start with
the smuggling of people into the U.S., what is the Coast Guard's role
in helping to combat this?
Answer. Coast Guard law enforcement personnel are trained to ensure
the safety and security of all personnel on board vessels boarded by
the Coast Guard for the duration of the Coast Guard boarding. If law
enforcement personnel find evidence of human trafficking, they
immediately notify their Tactical Commander and Coast Guard
Headquarters for specific guidance and continue to gather supporting
information in anticipation of law enforcement action. When such
activity is detected aboard foreign-flagged vessels, the Coast Guard
observes the principle of exclusive Flag State jurisdiction and
coordinates with the Departments of State and Justice, among others, to
engage the Flag State in order to take appropriate enforcement action.
When such activity is detected aboard a vessel over which the United
States may exercise jurisdiction (U.S. flagged or stateless), the Coast
Guard coordinates with the Department of Justice to take enforcement
action consistent with the Trafficking Victim Protection Act and other
applicable laws. The Coast Guard provides layered security on the high
seas and in the coastal/inland zones and will board vessels to enforce
U.S. and international law.
Question 11. What is your assessment of the problem?
Answer. The Coast Guard defers to the Departments of Homeland
Security and Justice on the extent and impact of human trafficking.
______
Response to Written Questions Submitted by Hon. Mark Pryor to
Elliot Kaye
Question 1. When we met, you and I discussed some of the burden
relief efforts at the CPSC, in particular, making determinations that
certain materials don't include lead, heavy metals, or other toxic
substances. Could you please state for the record your commitment to
ensuring these determinations are made in a timely manner?
Answer. If confirmed, I assure you that I will continue to work
with the U.S. Consumer Product Safety Commission's (CPSC) Commissioners
and staff to try to expand our list of determinations as quickly as
resources, actionable data, and consumer product safety priorities
permit.
Question 2. Based on your experience as Executive Director, what
you think Congress can or should do to expedite these determinations?
Answer. Congress could assist CPSC in overcoming two related
challenges with this process.
First, to date the Commission unfortunately has yet to receive
actionable data to expand our list of determinations. Though, I am
hopeful that recent events will assist with this effort. On April 3,
2014, CPSC staff hosted a public workshop on potential ways to reduce
third-party testing costs through determinations consistent with
assuring compliance. Staff invited interested parties to participate in
or attend the workshop and to submit written comments. I attended this
workshop, and found the information provided by the participants to be
incredibly informative. However, CPSC staff noted throughout the
workshop that we will need more specific data to provide the requested
relief. It would certainly assist our efforts if Members of Congress
would also encourage stakeholders to submit any actionable information
and data they might possess.
Second, staff time associated with these efforts does compete with
time allocated to pressing and meaningful safety work. At our funding
levels, the Commission has struggled to strike the right balance in
ensuring that both our consumer product safety work and our
determinations process can proceed in a timely fashion. Additional
funding would allow us to work on a greater number of important
activities.
Question 3. We also discussed imports, and the need for the CPSC to
go after bad actors who willing and repeatedly skirt U.S. regulations.
How do you think the current importation program is working, and how
would the modifications to that program you mention in your testimony
function?
Answer. As directed by Congress in Section 222 of the CPSIA, CPSC
began a risk assessment methodology (RAM) to enhance our targeting
capabilities at the ports. Because of existing funding levels, CPSC
employs a pilot scale version of the RAM. It allows us to better target
certain high risk products at U.S. ports of entry, thus focusing our
efforts more on those companies who choose not to follow the rules.
CPSC developed the program in very close collaboration with U.S.
Customs and Border Protection (CBP). The pilot scale RAM Surveillance
System integrates with and analyzes a limited set of existing CBP data
to identify certain targeted imports with high violation risk.
To date, we view the pilot as a success for consumers, the trade,
and CPSC. As mentioned, we are focusing better on those companies that
chose not to follow the rules. We believe, however, that Section 222
called for CPSC to run more than a pilot-scale version of the RAM
program. For this reason, CPSC requested a $5 million start-up
appropriation, as well as a longer term funding mechanism in our FY
2015 Budget Request to begin building out the RAM to full-scale. To
address violative consumer products more comprehensively, the CPSC
would like to scale the import surveillance program to a national
program, capable of analyzing 100 percent of the consumer product-
related import entry lines by FY 2020.
This approach would not only fulfill the mandate from the CPSIA,
but also it would be consistent with the goals articulated in President
Obama's Executive Order 13659, Streamlining the Export/Import Process
for America's Businesses. We believe a full-scale RAM program would
significantly enhance consumer product safety and consumer confidence,
while also providing tremendous benefits to compliant trade. If I am
confirmed, this will continue to be a top priority for me.
Question 4. How has the CPSC been working with importers who have
been following the current rules and procedures?
Answer. During the last few years, as we have developed an even
closer and more efficient working relationship with CBP, we have been
able to create more opportunities to work with and assist compliant
trade. For instance, CPSC has worked closely with CBP to conduct the
Importer Self-Assessment--Product Safety (ISA-PS) pilot program. The
ISA-PS pilot program is a voluntary approach to product safety
compliance and provides recognition and support to participating
companies that ensure product safety compliance for products regulated
by the CPSC. We believe that as we continue to enhance our working
relationship with CBP, especially consistent with Executive Order
13659, compliant trade will continue to benefit significantly.
______
Response to Written Questions Submitted by Hon. Claire McCaskill to
Elliot Kaye
Question 1. What do you believe is the CPSC's core mission?
Answer. I believe the U.S. Consumer Product Safety Commission's
(CPSC) core mission is to protect consumers from the unreasonable risk
of injury associated with the use of consumer products within the
CPSC's jurisdiction.
Question 2. Do you think the CPSC's budget is adequate to achieve
this mission?
Answer. Long-term historical funding trends, in conjunction with
the effects of sequestration, make it very difficult to believe the
CPSC's budget is adequate to achieve its mission. The legacy of lower
funding levels has been either in unattended or significantly delayed
product safety work. Given the current climate of tight budgetary
constraints, the most recent funding trends, beginning with the
appropriated amount for the current Fiscal Year, give reason for
optimism that one day the agency may be funded at levels that more
closely resemble its authorization levels. Higher funding levels would
allow the CPSC first and foremost to address additional consumer
product hazards more quickly while also providing more certainty for
consumers and industry.
Question 3. Where do you find the greatest need for more resources
or more focus by the Commission?
Answer. As I mentioned in my opening statement, I believe more
resources are needed to expand our import surveillance program. The
CPSC faces great challenges in identifying noncompliant products at the
ports. In the CPSIA, Congress directed the CPSC to begin a risk
assessment methodology to better target hazardous and violative
imports. The agency has been running a successful pilot of that program
and is now requesting a funding mechanism to run a full scale version.
I believe consumers are better served by CPSC catching these products
before they enter U.S. markets, and compliant trade is better served by
CPSC staff focusing on those companies not following the rules.
I also believe greater attention should be placed on addressing
certain chronic, hidden hazards. These hidden risks can come from long-
term exposure to toxic chemicals or hazardous metals contained in
consumer products. I am particularly concerned with how vulnerable
populations might be affected by these hidden hazards. I believe
Congress recognized and addressed the risk of some hidden hazards in
the CPSIA, setting new chemical and element limits as well as providing
the agency with enhanced authorities to try to address those hazards in
the marketplace--and even before they enter the marketplace. With more
resources, the agency could expand on Congress' success and potentially
address more hazards in the marketplace.
Question 4. Now that the CPSC is nearly done with its rulemaking
work as mandated under the Consumer Product Safety Improvement Act of
2008, what other priorities should the Commission focus on?
Answer. Although CPSC has fulfilled many of the rulemaking
requirements mandated by the CPSIA, some required work remains,
particularly with regard to durable infant products, ATVs, and the
Chronic Hazard Advisory Panel work associated with phthalates. Beyond
this work, I believe the Commission should continue its focus on
expanding the agency's import surveillance program. Additionally, I
believe the Commission should focus more on addressing hidden, chronic
hazards, as well as hidden mechanical hazards, such as those associated
with window blind cords.
Question 5. The Consumer Product Safety Improvement Act of 2008
empowered the Commission with stronger enforcement authorities. Some of
these include: (1) the ability to determine the type and form of a
corrective action a manufacturer must take; (2) an increase in maximum
civil penalties; (3) the authority to immediately remove particularly
hazardous products from store shelves without judicial approval; and
(4) the ability to quickly destroy non-compliant products at the ports.
Much of the power of the CPSC rests with the Chairman of the
Commission. Will you use these authorities aggressively to protect the
public?
Answer. Yes. If confirmed, I would use all of the tools at the
agency's disposal to protect the public.
Question 6. If you are confirmed as Chairman, how do you see the
agency changing under your leadership?
Answer. If confirmed, I would hope to build on the successes of
Chairman Inez Tenenbaum and Acting Chairman Robert Adler. Chairman
Tenenbaum particularly deserves great credit for seeing the agency
through the implementation of the major provisions of CPSIA. The agency
now has a chance to address persistently deadly product hazards that
were not a focus of the CPSIA, such as window blind cords. As we move
beyond CPSIA implementation, the CPSC could focus more on consumer
product hazards associated with seniors--a group of great concern given
its rapidly expanding numbers.
With all of these efforts, if confirmed, I would hope to continue
my work in building a wide coalition of stakeholders to try to find
meaningful safety solutions through collaboration. Although this
approach does not fit every situation, my experience at the agency has
been that more often than not, collaboration leads to meaningful
results. I would also hope to further engage our sister agencies. The
CSPSC has a very productive working relationship with Customs and
Border Protection at the ports and with the Centers for Disease Control
and Prevention on brain safety in youth sports. I would like to find
even more ways to have CPSC and other agencies pool resources and
expertise to address safety issues in a more efficient and effective
manner.
I would also like to see CPSC take better advantage of digital
communications. The agency has some work to do to be more on the
leading edge of using all available communications tools to keep the
public better informed.
Finally, I am optimistic that, if confirmed, the new composition of
the Commission would be conducive to very meaningful collaborative work
among the Commissioners. The Chairman is responsible for setting a tone
and leading by example. If confirmed, I would take this responsibility
very seriously.
Question 7. Some businesses still have legitimate concerns about
some of the unintended impact of new regulations on their operations.
Will you commit to working through the implementation of this law in a
commonsense manner that recognizes the inherent flexibility of the Act?
Answer. Yes. My approach while at the CPSC has been to reach out to
a wide coalition of stakeholders to try to find meaningful solutions
through collaboration. If confirmed, I would continue this approach.
Question 8. Any agency, no matter its size, would have difficulty
protecting the public from all potentially unsafe products. How will
you reach the millions of consumers who have probably never heard of
the CPSC to notify them of recalls and warn them about the unforeseen
risks in their homes? How will you reach rural communities?
Answer. I believe that all consumers, no matter where they live and
no matter what their circumstances, deserve to be informed about
consumer product dangers. I believe the CPSC could work more
effectively with the regulated community to find ways to reach
consumers in more creative ways. While many consumers may not have
heard of CPSC, they certainly are familiar with large retailers, for
example. If confirmed, I would like to work more with retailers on
improving ways to reach consumers regarding product safety hazards
across many different communities. I would certainly appreciate the
opportunity to work with you and your staff on ways to enhance our
efforts in this regard.
As mentioned, I would also like to see CPSC take better advantage
of digital communications as part of this effort. Although print and
broadcast media might work well with certain segments of the
population, the CPSC could enhance its ability to also connect with the
public through their smartphones.
I would also like to see an expansion of CPSC's Neighborhood Safety
Network (NSN) program, which delivers product hazard and recall
information to more than 9,000 community leaders and organizations
serving underserved communities nationwide. These community contacts,
including tribal leaders, fire departments, and health clinics, share
our materials widely with their constituents.
Question 9. Related to this, recall participation rates remain low.
What are your recommendations to improve those rates?
Answer. I definitely share your concern about the distressingly low
response rate that many recalling firms experience in carrying out a
voluntary recall. Although low recall participation rates unfortunately
plague many agencies including the CPSC, I believe one potential avenue
for improvement is more direct communication with affected consumers.
Manufacturers that have e-mail addresses and/or phone numbers of their
customers, either through club membership, catalogue purchases, or
product registration cards, are able to generate greater awareness of
product recalls. CPSC staff, in their proposed voluntary recall notice
rule, encourages retailers to make a greater effort to assist
manufacturers in identifying and contacting potentially affected
consumers. CPSC staff also is proposing to launch a study in the coming
year that explores the question of why some consumers hear about
recalls, but decide not to respond while others do. If confirmed, I
would continue to work with agency staff and industry to address this
issue. I would also engage our sister agencies, as well as interested
stakeholders, to see if we could identify better and more creative ways
to improve recall rates.
______
Response to Written Questions Submitted by Hon. Roger F. Wicker to
Elliot Kaye
Question 1. Upholstered furniture flammability is an issue of
importance to my constituents, due to the number of people who are
employed in this sector in Mississippi. State regulators in California,
after years of deliberation and research, have developed a furniture
flammability standard that focuses on smolder ignition. Do you agree or
disagree with the California approach, and what are your views on the
need for a national furniture flammability standard?
Answer. To the extent that California's new standard, Technical
Bulletin 117-2013, addresses a portion of the risk associated with
upholstered furniture fires while also discouraging the use of harmful
chemicals to do so, that is a very positive step forward. However, I
believe consumers and other stakeholders nationally would be well-
served by a national standard. Particularly, I believe this would be
the case if the standard can achieve the aims of TB117-2013, but in a
fashion that addresses an even larger percentage of associated fires. I
believe the Commission should work toward a feasible standard that
could mitigate the most deaths and injuries possible.
Presently, CPSC staff is considering all of the information in the
public record along with additional materials and available scientific
studies and relevant data, such as analyses of fire hazard data, death
and injury data, and the technical and economic feasibility of an
approach. Taking all of this information into account, staff will
recommend a proposed rule to the Commission for consideration. If
confirmed, and subject to available resources, I would encourage CPSC
staff to move as expeditiously as possible with this effort.
Question 2. It is my understanding that the Commission is
considering adopting a mandatory rulemaking that would call for use of
a specific flesh-sensing technology by certain bench-top table saw
manufacturers. Could the adoption of such a rulemaking stifle
competition in the marketplace for tabletop saws or make such saws
prohibitively expensive for some consumers to purchase? What is your
view on the need for such a mandatory regulation?
Answer. About 11 people per day suffer an amputation because of
incidents involving table saws. Based on data reflecting the patterns
and prevalence of life-altering injuries associated with these
products, on October 11, 2011, the Commission voted unanimously (5-0)
to approve an Advance Notice of Proposed Rulemaking (ANPR) on table
saws. However, the Commission has also directed CPSC staff to remain
very involved in the development of an improved voluntary standard that
might potentially address the hazard. Ideally, the voluntary standards
process will produce, in a timely fashion, a revised standard that
effectively addresses the hazard patterns CPSC staff has identified.
Please know that, if confirmed, I will carefully review all of the
comments and feedback we receive from stakeholders on this issue, as
well as continue to monitor the progress of the voluntary standards
process. The Commission's aim is to address this hazard, ideally
through a strong voluntary standard.
______
Response to Written Question Submitted by Hon. Tim Scott to
Elliot Kaye
Question. In carrying out its mission of protecting the public
against unreasonable risks of injury, the Commission often relies on
voluntary standards in partnership with the involved industries. It is
my understanding that even though an important industry in my state has
worked to develop enhanced table saw safety standards, which are
currently working to significantly reduce user injuries, the Commission
is considering proposing a mandatory standard that could essentially
eliminate the most portable and affordable saws from the market. Can
you assure me that you will give full and fair consideration to
existing voluntary standards and their relative impact on consumers
when considering the imposition of new mandatory standards?
Answer. Yes. This is the approach I have taken to date while
serving at the Commission, and, if confirmed, I would continue this
approach.
About 11 people per day suffer an amputation because of incidents
involving table saws. Based on data reflecting the patterns and
prevalence of life-altering injuries associated with these products, on
October 11, 2011, the Commission voted unanimously (5-0) to approve an
Advance Notice of Proposed Rulemaking (ANPR) on table saws. However,
the Commission has also directed CPSC staff to remain very involved in
the development of an improved voluntary standard that might
potentially address the hazard. Ideally, the voluntary standards
process will produce, in a timely fashion, a revised standard that
effectively addresses the hazard patterns CPSC staff has identified.
Please know that, if confirmed, I will carefully review all of the
comments and feedback we receive from stakeholders on this issue, as
well as continue to monitor the progress of the voluntary standards
process. The Commission's aim is to address this hazard, ideally
through a strong voluntary standard.
______
Response to Written Questions Submitted by Hon. Ron Johnson to
Elliot Kaye
Question 1. Mr. Kaye, if you are confirmed, when you are
considering a mandatory standards are you willing to take into account
not only consumer safety but also a consumer's rights to afford
products, access products, and assume a reasonable amount of risk?
Answer. Yes, because many of our statutes require that associated
rulemakings consider concerns such as these.
Question 2. A company's ability to survive and the number of jobs
that will be lost if your standard is put in place?
Answer. Again, yes, because many of our statutes require that
associated rulemakings consider concerns such as these.
Question 3. Mr. Kaye, if you are confirmed, will you consider
closing open rulemakings that threaten to impose mandatory standards on
companies that are successfully operating under voluntary standards?
Coming in as a new chairman and closing outdated dockets will provide
the agency with a clean slate.
Answer. The Consumer Product Safety Act (15 U.S.C. 2056(b)), the
Federal Hazardous Substances Act (15 U.S.C. 1262(g)(2)), and the
Flammable Fabrics Act (15 U.S.C. 1193 (h)(2)) require the CPSC to rely
on voluntary standards rather than promulgate mandatory standards,
provided that the voluntary standards would eliminate or adequately
reduce the risk of injury or death addressed, and it is likely that
there will be adequate compliance with the voluntary standard by
industry. If during the course of mandatory rulemaking activities an
adequate voluntary standard is adopted and there is substantial
compliance, the Commission must, by statute, terminate its rulemaking
activities. If confirmed, I would abide by this statutory framework.
Question 4. For example, CPSC currently has a mandatory rulemaking
on Recreational Off-Highway Vehicles (ROVs) that has been open for more
than four years, imposing an atmosphere of uncertainty on the industry.
During your nomination hearing there was a bipartisan call to eliminate
this uncertainty. Would you consider closing this rulemaking to provide
business certainty?
Answer. CPSC's end goal is to reduce the death and injury hazards
associated with ROVs. ROV-related deaths are on the rise--jumping 65
percent from 2011 to 2012. Between January 2003 and April 2011, the
CPSC knows of at least 428 reported ROV incidents--231 of which
involved fatalities and 388 of which involved injuries (including
serious injuries such as de-gloving, fractures, and crushed hands,
feet, and arms). The Commission directed staff as part of the CPSC's
Fiscal Year 2014 Operating Plan to draft for Commission consideration a
Notice of Proposed Rulemaking (NPR) on ROVs. Absent the Commission
directing otherwise, CPSC staff plans to provide the Commission with
the draft NPR by the end of the current Fiscal Year.
Importantly, though, CPSC staff continues to work with the
voluntary standards body to revise its standard in a manner that
adequately addresses the deaths and injuries associated with these
vehicles. CPSC staff has exchanged a number of letters with the
voluntary standards body on the technical aspects of the standard and
has also accepted an invitation to participate in the next meeting
regarding possible revisions. These are positive signs that this issue
might be addressed as part of this process. If a voluntary standard
adequately addressees the death and injury hazards and industry
substantially complies, CPSC will abide by the statute and defer to the
voluntary standard.
I am sensitive to the desire to come to a speedy resolution on an
effective performance standard for ROVs. If confirmed, I assure you
that I will actively listen to all stakeholders and continue to
diligently work with the Commission and its staff to achieve a
meaningful solution, as quickly as possible.
Question 5. The CPSC is also considering a proposed mandatory rule
on tabletop saws that would, in essence, eliminate the most popular
category of table saws from the market: bench top table saws. However,
there are already existing and effective voluntary standards in place.
Since the current voluntary standards are working to significantly
reduce the number of blade contact injuries and the mandatory standards
under consideration will result in serious unintended consequences to
consumers and businesses, will you assure me that you will avoid
finalizing this rulemaking?
Answer. About 11 people per day suffer an amputation because of
incidents involving table saws. Based on data reflecting the patterns
and prevalence of life-altering injuries associated with these
products, on October 11, 2011, the Commission voted unanimously (5-0)
to approve an Advance Notice of Proposed Rulemaking (ANPR) on table
saws. However, the Commission has also directed CPSC staff to remain
very involved in the development of an improved voluntary standard that
might potentially address the hazards. Ideally, the voluntary standards
process will produce, in a timely fashion, a revised standard that
effectively addresses the hazard patterns CPSC staff has identified.
Please know that, if confirmed, I will carefully review all of the
comments and feedback we receive from stakeholders on this issue, as
well as continue to monitor the progress of the voluntary standards
process. The Commission's aim is to address this hazard, ideally
through a strong voluntary standard.
Question 6. I also understand that the Underwriters Lab is
specifically looking into the adoption of a voluntary standard relating
to the incorporation of flesh sensing technology into table saws. While
the Underwriters Lab considers this issue do you agree that you should
take this draft rule/mandatory standard regarding this same issue off
the table?
Answer. Section 7 of the CPSA (15 U.S.C. 2056(b)) requires the CPSC
to rely on voluntary standards rather than promulgate mandatory
standards provided that the voluntary standards would eliminate or
adequately reduce the risk of injury or death addressed and adequate
compliance with the voluntary standard by industry is likely. If during
the course of mandatory rulemaking activity an adequate voluntary
standard is adopted and there is substantial compliance, the Commission
must, by statute, terminate its rulemaking activity. If confirmed, I
would abide by this statutory framework.
______
Response to Written Questions Submitted by Hon. John D. Rockefeller IV
to Joseph Mohorovic
Intertek's Faulty Testing of Chinese-Manufactured Gas Heaters
Mr. Mohorovic, several weeks ago, a Federal jury in the Western
District of Pennsylvania awarded a $6 million verdict against the
company where you are currently employed, Intertek. This verdict and
judgment included $5 million of punitive damages. The name of this case
was Brand Marketing Group v. Intertek (12cv1572).
The facts of this case are the following: a U.S. company called
Brand Marketing Group contracted to supply the Ace Hardware store chain
with ``Thermablaster'' vent-free gas room heaters.
Brand Marketing Group hired a Chinese company, Reecon M&E, to
manufacture the heaters. Reecon hired Intertek's Chinese subsidiary,
Intertek Shenzhen, to test the heaters and certify that they complied
with American National Standards Institute (ANSI) safety standards.
According the facts established during the trial, Intertek's
Chinese testers did not have the proper training or experience to test
the heaters. They had never tested heaters before and they
misunderstood the ANSI standards, partly due to their poor command of
English. They mistakenly applied the standard for outdoor grills to the
Thermablaster heaters. As a result, Intertek falsely certified that the
heaters met the ANSI Z.21.11.2b standard for room space heaters.
Relying on Intertek's certification, Brand Marketing Group shipped
thousands of potentially unsafe heaters to Ace Hardware. When it became
aware that the heaters did not comply with the standard, Ace sued Brand
Marketing and won a $611,000 judgment. Brand Marketing then sued
Intertek, which resulted in the $6 million jury award.
Question 1. Mr. Mohorovic, did you have any involvement in the
testing of the Thermablaster heaters that were at issue in this case?
Answer. No.
Question 2. Are you involved in the safety testing of consumer gas
heaters (also known as ``hearth products'')? If yes, please explain
your role.
Answer. No.
Question 3. In your current position as a Senior Vice President at
Intertek responsible for ``global performance, growth and strategic
management,'' what role do you play in making sure that your company
properly applies U.S. standards to products manufactured in China? What
responsibility do you have for certifying that products made in China
and other countries are safe for U.S. consumers?
Answer. I am not directly involved in our engineering or
certification activities, but Intertek has multiple systems in place to
ensure that the testing and certification of products is conducted in
compliance with applicable standards, in China and around the world.
Question 4. Is it common for Intertek to outsource the safety
testing of products manufactured in China to Chinese testers?
Answer. Intertek does not outsource safety testing. Just like other
Nationally Recognized Testing Laboratories approved by OSHA, Intertek
operates a global system of laboratories and inspectors that support
manufacturers who elect to have their products tested and certified.
Intertek laboratories are accredited by accreditation bodies, meaning
that they must qualify their sites as having the equipment, trained
personnel, and quality system necessary to operate. In addition to
being accredited, the Intertek laboratory in issue in this litigation
is an OSHA approved and audited site.
Question 5. How many products have testers employed by Intertek's
Chinese subsidiary certified as safe for the U.S. market?
Answer. Intertek does not maintain records of active certifications
by country of origin. However, Intertek currently has over 80,000
products authorized for the use of the ETL certification mark,
indicating compliance with recognized national standards. The plaintiff
in this case was not an Intertek customer and was never authorized to
use an Intertek mark and did so without Intertek's knowledge or
consent.
Question 6. Is it common for Intertek to employ safety testers in
other countries where products are manufactured, rather than U.S.
testers?
Answer. All Nationally Recognized Testing Laboratories, including
Intertek, serve the globalized supply chain and in doing so, operate
laboratories where the product manufacturers are located. For this
reason, Intertek and its competitors, maintain extensive operational
quality systems, together with internal audits and external audits by
accreditation bodies and OSHA. Contrary to the misinformation generated
in this lawsuit, engineers working in product conformity are trained
and use the English language on a daily basis, as almost all product
standards are maintained in English.
Question 7. Why does Intertek rely on foreign testers to determine
whether products comply with U.S. standards?
Answer. It is important to recognize that Intertek serves the
global commercial market. The supply chain for the United States is
built in part on manufacturers located in other countries. Requiring
that testing for the United States market be completed only in the
United States would entail a dramatic change in the process and cost
related to bringing products to market, and might also constitute a
restraint of trade. To be clear, Intertek, and its competitors, do not
(and cannot) dictate where testing must be completed, but serve the
market as it exists.
Question 8. Does Intertek regularly claim that these testers are
``expert'' in U.S. standards such as the ANSI standards?
Answer. Intertek engineers apply product standards to products on a
daily basis. Intertek engineers receive extensive and ongoing training
in the relevant product categories they work within, regardless of the
country. The United States sites are subject to the same requirements
and supervision as the foreign laboratories. As a general rule,
Intertek personnel are highly knowledgeable on the product standards
and their application to products.
Question 9. When Intertek outsources testing to foreign testers,
how does Intertek make sure that the testers are properly applying U.S.
standards and that the testers actually understand the U.S. standards?
Answer. As the global system of product standards is almost
entirely in English, command of the language is a job requirement for
all Intertek engineers. In conducting testing and evaluation of
products, Intertek engineers have access to supervising engineers and,
ultimately, a Chief Engineer for each product category to ask questions
and obtain support. Intertek conducts internal audits of all of its
sites and undergoes external audits by its accreditors and OSHA. After
a product is certified it is subject to ongoing factory inspections to
check on continuing compliance with the relevant standard.
Question 10. Why should consumers and the CPSC rely on Intertek's
certification that a product is safe and meets that standards of the
U.S. market?
Answer. The ETL mark is used on more than 80,000 different
products. Intertek maintains processes to investigate and address all
reports of non-compliances. On an annual basis, Intertek receives
reports on well less than one percent of the products it lists. Of
these reports, the large majority involve manufacturing defects,
component changes, end of life failures, misuse of the product,
competitor complaints, or mismarking. All reports are investigated and
if it is determined that a dangerous condition exists, Intertek will
work with the product owner to report the issue to the CPSC. In the
case at issue, Intertek suspended the manufacturer and then forced the
plaintiff, over his strenuous objections, to report the problem to the
CPSC and to remove the product from the market. Intertek stopped this
product from being sold on the United States market. Intertek works
every day to improve the compliance of products with recognized
standards and is proud of its role in supporting the voluntary testing
and certification activities of manufacturers in the United States and
around the world.
GAO Report on ``Burrowing'' in the Federal Workforce
On May 1, 2006, the Government Accountability Office (GAO) issued a
report with the title, ``Conversions of Employees from Noncareer to
Career Positions, May 2001-April 2005'' (GAO-06-381). This report
examined 144 Federal employment cases in which employees working at
agencies through political appointments converted to career Federal
positions (a practice known as ``burrowing'').
The report found that in most of the 144 cases, the agencies and
employees followed the proper procedures for political-to-career
conversions. But in 18 cases, the report found that the agencies and
employees did not follow the proper procedures.
One of these 18 cases involved the conversion of a Schedule C
Special Assistant to the then-CPSC Chairman Hal Stratton to a Senior
Executive Service (SES) position in the agency with the job title,
``Director, Office of International Programs and Intergovernmental
Affairs, Office of the Executive Director.'' GAO did not name this
employee, but described the employee's ``previous experience in the
private sector, and as an elected official to the New Mexico State
Legislature.'' (p. 68)
The resume you submitted to the Committee in the course of your
nomination shows that you held the same positions at the same time as
the person described in this GAO report.
Question 11. Mr. Mohorovic, are you the CPSC employee described in
the GAO report I have cited in the paragraph above?
Answer. Yes. I had discussed this matter with CPSC human resources
staff previously and am happy to now fully explain what I understand to
have occurred.
Question 12. According to GAO, when CPSC submitted your name to a
Qualifications Review Board (QRB) convened by the Office of Personnel
Management (OPM), the Board determined that you did not have the
executive experience required for an SES position in the Federal
Government. Although your appointment was eventually approved by a
second QRB, GAO notes that you did not provide sufficient evidence to
support your claim that you were a ``senior manager and leader.''
Mr. Mohorovic, can you describe in detail what your qualifications
for this SES position were in November, 2003?
Answer. The QRB did not determine that I did not possess the
necessary executive experience required for an SES position in the
Federal Government. Instead, the QRB initially determined that my SES
application did not sufficiently document my management experience and
suggested I provide additional evidence of my leadership credentials.
Therefore, I believe it is important to focus on these qualifications.
Prior to my experience at CPSC, I had extensive and direct line
management experience as a State Legislator, in my role as the Chief of
Staff to the New Mexico Senate Minority Staff, and as Finance Director
of both the Republican Party of New Mexico and the campaign to Reelect
Governor Gary Johnson. As for my leadership credentials, I point to the
``2001 Leader Award'' presented to me by the Greater Albuquerque
Chamber of Commerce and my inclusion in the New Mexico Business
Weekly's ``Top Forty Under 40'' issue identifying those forty leaders
under the age of forty ``dedicated to changing the status quo in New
Mexico.'' While a more exhaustive list is contained within my actual
SES application, I believe these examples provide meaningful insight
into the management and leadership qualifications the QRB ultimately
deemed sufficient in this specific area.
Question 13. Can you explain how you were more qualified than the
23 other people who applied for this job?
Answer. By my understanding, GAO reports that twenty-four
candidates applied for the position. An independent CPSC Executive
Resource Board comprised of non-political, career, SES senior
executives reviewed the applications, according to, as I understand,
all relevant statutes and regulations governing such decisions. The GAO
report cites that I was the highest rated candidate among the total
applicant pool. I do not know and was not allowed to know who from the
CPSC comprised the ERB, nor do I know of any other applicants so I
cannot speak to their qualifications relative to my own.
Question 14. How did you respond when the QRB determined that you
did not have the senior management experience for this SES job?
Answer. The QRB did not determine that I did not have the senior
management experience necessary for the position. Instead, the QRB
initially determined that my SES application did not sufficiently
document my management experience and suggested I provide additional
evidence of my leadership credentials. OPM's QRB forwarded the written
rationale for its decision to me via the CPSC Office of Human
Resources. The QRB clearly anticipated a revised application, inviting
the agency to ``present other examples of his experience.'' I revised
the application to address the QRB concerns. The revised application
was approved by a second QRB at OPM comprised of entirely different
career-SES participants. Although the second QRB did not make any
specific comment on the application, it is apparent that they believed
that the comments of the first QRB were successfully addressed in the
revised application.
Throughout the process, the CPSC followed standard SES procedure.
There is nothing unusual about the re-submission of applications to the
QRB. CPSC has followed this procedure before in the case of other
applicants for a career SES position. In these cases, after the
candidate was initially asked to amend their application by the QRB,
the candidate made revisions and re-submitted their application. And
second QRBs approved those candidates. Such outcomes are identical to
what transpired with my application.
Question 15. How did you respond to the charge that you were not
qualified for this job, and that you won the job through political
influence rather than through a fair application process?
Answer. I would take strong issue with any such allegation or
comment. At the time of my application, the QRB, composed of non-
political, career SES managers from other Federal agencies, ultimately
agreed that I had the skills and experience necessary to lead the CPSC
Office of International Programs and Intergovernmental Affairs. The
applicants were also rated internally at the CPSC by non-political,
career SES senior managers. The selection process was in no way subject
to political influence. The GAO did not conclude that it was nor has
there ever been an allegation of the same to my knowledge.
Question 16. How do you respond today to the charge that you were
not qualified for this job, and that you won the job through political
influence rather than through a fair application process?
Answer. I would likewise take issue with any such comment. I stand
behind my solid record of public service as testament to my
qualifications for the job. For two years, I directed and led the
groundbreaking work of the CPSC Office of International Programs, work
that directly established and led to the foundation for the direct
international cooperation the CPSC experiences today with a number of
countries with regard to the sharing of product safety information and
expertise. The International Programs efforts I led aimed at taking the
U.S. safety message directly to the source--clearly articulating the
standards and expectations of the U.S. government to international
consumer product manufacturers.
Question 17. The Senate Commerce Committee found this episode
troubling. In its report on S. 2045, the ``Consumer Product Safety
Commission Reform Act of 2007'' (Report # 110-265), the Committee
specifically discusses the GAO report I describe above and criticizes
the CPSC for ``promoting a nonqualified appointee working for then
Chairman Stratton to a Senior Executive Service (SES) position.'' (p.
3) The Committee strongly encouraged the CPSC ``to develop a human
resource selection protocol to ensure that non-political Commission
staff have clear opportunities for development and promotion, and that
candidates for SES position be technically qualified for the demands of
that position.'' (p. 4)
Mr. Mohorovic, given these allegations of political favoritism, how
can you assure me that you are not going to inappropriately politicize
the CPSC?
Answer. I do not believe these allegations have merit so there
should be no such concern. You can be assured that, if confirmed, I
will do everything in my power to ensure that the CPSC continues to
adhere to merit system principles of fair and open competition.
Question 18. Can you please discuss how you would, in the words of
the Committee report, ``ensure that non-political Commission staff have
clear opportunities for development and promotion''?
Answer. Ensuring that the CPSC has an effective human resources
development plan for the qualified promotion of non-political staff is
primarily within the sphere of the CPSC Chairman. However, to extent
proper, I will work with the Chairman and the Director of Human
Resources to ensure a process by which defined personnel and activity
goals are set for staff with clear delineation of career-laddering
opportunities within CPSC and externally within the Federal workforce.
______
Response to Written Questions Submitted by Hon. Bill Nelson to
Joseph Mohorovic
Question 1. In your committee questionnaire you noted that one of
your priorities if confirmed as a Commissioner will be pursuing the
harmonization of standards. Can you provide additional information
about what types of activities you plan to pursue in that area?
Answer. Thank you for the question. I was not able to fully
elucidate this in my oral and written testimony, but I believe it is a
critical issue going forward for the CPSC. The U.S. and international
regulatory landscape for consumer products is evolving extremely
rapidly. As these new standards and requirements evolve, there is ample
room for the CPSC to engage on an international basis to ensure that if
the same objective is being sought (e.g., 100 parts per million of lead
in children's products), that the same or similar testing,
certification and enforcement will occur. In my experience, such is not
generally the case today. I will work as a commissioner to ensure that
harmonization does not in any way reduce the protection of American
consumers that U.S. standards provide but instead encourages similar
standards abroad and reductions in redundancies and inefficiencies.
Question 2. Since standards vary substantially from jurisdiction to
jurisdiction, how do you harmonize without potentially impacting
safety? Do you harmonize up to the highest standard--or look for
something else?
Answer. There a number of ways to accomplish harmonization without
any reduction in consumer safety. Having spent the last 10 years in the
consumer safety testing industry, I believe this to indeed be the case.
For example, there exists a ``drop test'' to determine the presence or
absence of small parts that could cause a choking hazard in young
children's products. As it turns out, however, the drop test is almost
identical for the U.S. and European markets, with only slight
variations in the height of the drop and the flooring underneath. This,
in my mind, is a prime example of where standards can and should be
harmonized to ensure both safety and efficiencies for international
commerce. I would look for approaches consistent with President Obama's
Executive Order 13609. The end goal might not be harmonization of a
standard in all cases. CPSC and other jurisdictions may explore ways to
reduce unnecessary differences in regulatory requirements through
mutual recognition agreements or other vehicles to reduce regulatory
trade burdens without subjecting American consumers to increased
consumer product safety risk. Many international differences in
standards are not based on differences in risk assessment and
stringency of protection but local and parochial practices which will
benefit from dialogue and scrutiny to avoid unnecessary nontariff trade
barriers.
Question 3. In your written testimony, you stated that you would
like to further consult members of the international safety community
for ideas and information that could further inform CPSC decision
making.
To that end, do you support efforts by CPSC staff to enter into
further information sharing agreements with foreign product safety
regulators?
Answer. Generally speaking, yes, I do. As the former Director of
International Programs at the CPSC, I have seen first-hand how
important it is for the CPSC and its cohort agencies internationally to
share product safety information, and sometimes on an urgent basis. If
there are unnecessary barriers to that sharing of information, and
barriers that can be reduced or eliminated by the CPSC, consistent with
its laws and regulations, then I would generally support such efforts.
Question 4. Section 6(b) of the Consumer Product Safety Act
generally prohibits Commission disclosure of information obtained about
a consumer product if that information names or otherwise identifies
the manufacturer or the name of such consumer product, unless the
manufacturer consents to release of the information.
This is true even where the consumer product is linked to a serious
injury or death. Do you support the current version of section 6(b), or
do you think it should be changed to provide additional flexibility?
Answer. It would be premature for me to comment on this matter,
which is of course the subject of a pending regulatory action by the
CPSC. However, I would opine that any effort to make what I know to be
a currently paper-and mail-based notice system more modern and
efficient would likely be a desirable outcome from both the agency and
its stakeholders.
______
Response to Written Question Submitted by Hon. Mark Pryor to
Joseph Mohorovic
Question. When we met, I asked you if there would be any
controversy surrounding your nomination. While you said there was none,
I have been reminded of a GAO report that focused on a potential
impropriety of your transition from a noncareer, political appointee at
the Commission, to a career position. Please explain what happened, and
whether or not this should factor into your nomination?
Answer. Thank you for the question, Senator. First, I do not
believe this issue to be a controversy and am surprised to see it
raised in relation to my confirmation. That said, I do appreciate the
opportunity to set the record straight on this matter. Having reviewed
the GAO report and all relevant information it addresses in detail, it
is clear to me that the CPSC used proper appointing authorities and
adhered to merit system principles of fair and open competition in
selecting a candidate who successfully competed to fill the career SES
vacancy. CPSC staff followed all applicable procedures and reviewed all
applicants without bias before choosing a candidate to submit to the
Qualification Review Board (QRB).
CPSC advertised the position vacancy as CPSC-001-04, in accordance
with the procedures set forth at 5 C.F.R. Sec. 317.501(b)(2). Next, the
CPSC Executive Resource Board (ERB), composed of career SES managers,
conducted the merit staffing process as required by subsection (c) of
the regulation. The independent CPSC ERB comprised of non-political,
career, SES senior executives reviewed the twenty four applications.
The GAO report cites that I was the highest rated candidate among the
total applicant pool as scored exclusively by non-political, career,
CPSC SES managers. None of these managers were political appointees.
This process was performed according to all OPM merit-based hiring
procedures.
The CPSC then submitted me as the best qualified applicant to a QRB
at OPM, in accordance with 5 C.F.R. Sec. 317.502. The review is
conducted by OPM completely independent of CPSC.
OPM initially determined that my SES application did not
sufficiently document my management experience and suggested I provide
additional evidence of my leadership credentials. OPM's QRB forwarded
the written rationale for its decision to me via the CPSC Office of
Human Resources. The QRB clearly anticipated a revised application,
inviting the agency to ``present other examples of his experience.'' I
revised the application to address the QRB concerns. The revised
application was approved by a second QRB at OPM comprised of entirely
different career-SES participants. Although the second QRB did not make
any specific comment on the application, it is apparent that they
believed that the comments of the first QRB were successfully addressed
in the revised application.
Throughout the process, the CPSC followed standard SES procedure.
There is nothing unusual about the re-submission of applications to the
QRB. CPSC has followed this procedure before in the case of other
applicants for a career SES position. In these cases, after the
candidate was initially asked to amend their application by the QRB,
the candidate made revisions and re-submitted their application. And
second QRBs approved those candidates. Such outcomes are identical to
what transpired with my application.
Reviewing the GAO report and all relevant information, it is clear
that the CPSC used proper appointing authorities and adhered to merit
system principles of fair and open competition in selecting me as a
candidate who successfully competed to fill the SES vacancy. CPSC staff
followed all applicable procedures and reviewed all applicants without
bias before choosing a candidate to submit to the QRB. CPSC did not
engage in any prohibited personnel practices, nor does GAO allege
otherwise. For these reasons, I do not believe this to be an issue that
should factor into my confirmation.
______
Response to Written Questions Submitted by Hon. Roger F. Wicker to
Joseph Mohorovic
Question 1. Upholstered furniture flammability is an issue of
importance to my constituents, due to the number of people who are
employed in this sector in Mississippi. State regulators in California,
after years of deliberation and research, have developed a furniture
flammability standard that focuses on smolder ignition. Do you agree or
disagree with the California approach, and what are your views on the
need for a national furniture flammability standard?
Answer. Thank you, Senator. Because the issue you raise is the
subject of an open and ongoing rulemaking before the CPSC, I am unable
to comment on the specifics of your question. However, I am generally
familiar with this issue and its implications to both the U.S. and
international furniture industry, and assure you that, if confirmed, I
will make every effort to ensure that the Commission's actions are
consistent with both consumer safety and U.S. and international
harmonization of standards and requirements.
Question 2. It is my understanding that the Commission is
considering adopting a mandatory rulemaking that would call for use of
a specific flesh-sensing technology by certain bench-top table saw
manufacturers. Could the adoption of such a rulemaking stifle
competition in the marketplace for tabletop saws or make such saws
prohibitively expensive for some consumers to purchase? What is your
view on the need for such a mandatory regulation?
Answer. As with the previous question, and with all due respect,
because this is the subject of an open rulemaking before the agency, I
am unable to opine on that specific matter. This is no doubt an
important issue and all aspects of a possible standard should be
carefully considered, and I assure you that, if confirmed, I will do
so.
______
Response to Written Question Submitted by Hon. Tim Scott to
Joseph Mohorovic
Question. In carrying out its mission of protecting the public
against unreasonable risks of injury, the Commission often relies on
voluntary standards in partnership with the involved industries. It is
my understanding that even though an important industry in my state has
worked to develop enhanced table saw safety standards, which are
currently working to significantly reduce user injuries, the Commission
is considering proposing a mandatory standard that could essentially
eliminate the most portable and affordable saws from the market. Can
you assure me that you will give full and fair consideration to
existing voluntary standards and their relative impact on consumers
when considering the imposition of new mandatory standards?
Answer. I fully agree that voluntary standards are incredibly
important to ensuring the safety of products for American consumers.
While I am not fully knowledgeable of all of the details and current
status of the particular issue of table saws (which is undergoing
active regulatory consideration by the CPSC) I can assure you that I
will give this important issue my full and immediate consideration
should I be confirmed.
______
Response to Written Questions Submitted by Hon. Claire McCaskill to
Joseph Mohorovic
Question 1. What do you believe is the CPSC's core mission?
Answer. I believe the CPSC's core mission is well-defined in the
2011-2016 Strategic Plan. CPSC's mission is to protect the public
against unreasonable risks of injury from consumer products through
education, safety standards activities, regulation and enforcement.
Question 2. Do you think the CPSC's budget is adequate to achieve
this mission?
Answer. Of course I would need to review the resourcing
recommendations of the staff, but I haven't seen any reason to believe
that current funding levels are inadequate. In fact, I note that the
CPSC is operating under a budget surplus and the Commission is making
adjustments accordingly to the FY 2014 Operating Plan.
Question 3. Where do you find the greatest need for more resources
or more focus by the Commission?
Answer. From 1998 to 2007, the amount of consumer products under
CPSC's jurisdiction imported from China alone quadrupled. With almost
one million importers and over three hundred ports of entry, it is
indisputable that the challenge of ensuring compliant imports is
daunting. CPSIA doubled funding levels for CPSC. But that funding came
with significant new mandates to enforce as well. I believe that
modernization of CPSC's import compliance program presents the greatest
need for more resources and focus by the Commission.
Question 4. Now that the CPSC is nearly done with its rulemaking
work as mandated under the Consumer Product Safety Improvement Act of
2008, what other priorities should the Commission focus on?
Answer. I believe the CPSC should focus on addressing the
compliance of imports. The vast majority of products under CPSC
jurisdiction are imported. And a disproportionate share of recalled
products comes from imported products. I can think of no better way of
assuring consumer safety than by ensuring the compliance of imports to
U.S. safety expectations. To accomplish this, I believe a two-prong
strategy is necessary.
First, foreign suppliers must understand the safety expectations of
consumer products bound for the United States. I believe success will
be had by better leveraging existing communication networks including
international consumer groups, retail networks, the testing community,
manufacturing and standard developing organization networks.
Second, CPSC must conduct a robust and effective import
surveillance program. I would like to see CPSC work with Customs &
Border Protection to develop public-private partnerships that
facilitate the fast flow of low-risk, legitimate, compliant cargo. I
would also like to see CPSC's import screening methods incorporate the
most sophisticated techniques and the best data to leverage resources
and intercept non-compliant cargo at higher rates.
Question 5. You have worked for Intertek--a company whose business
is to conduct third-party testing--for many years. What will you bring
from this job that will inform your work as a Commissioner?
Answer. After having spent almost a decade working for one of the
largest international providers of quality assurance and safety
services to the consumer goods industry, I understand intimately the
challenges faced by manufacturers and retailers operating in global
supply chains. With an enduring commitment to public service, I'd like
to offer my risk management skillset to help modernize the CPSC and
effectively regulate for safety in the 21st Century.
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