[Senate Hearing 117-89]
[From the U.S. Government Publishing Office]
S. Hrg. 117-89
HEARING ON THE NOMINATIONS OF STEPHEN
A. OWENS, JENNIFER BETH SASS, AND SYLVIA
E. JOHNSON TO BE MEMBERS OF THE U.S.
CHEMICAL SAFETY AND HAZARD INVESTIGA-
TIONS BOARD
=======================================================================
HEARING
BEFORE THE
SUBCOMMITTEE ON CHEMICAL SAFETY, WASTE
MANAGEMENT, ENVIRONMENTAL JUSTICE AND
REGULATORY OVERSIGHT
OF THE
COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS
UNITED STATES SENATE
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
__________
JULY 29, 2021
__________
Printed for the use of the Committee on Environment and Public Works
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available via the World Wide Web: http://www.govinfo.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
45-946 PDF WASHINGTON : 2021
-----------------------------------------------------------------------------------
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
THOMAS R. CARPER, Delaware, Chairman
BENJAMIN L. CARDIN, Maryland SHELLEY MOORE CAPITO, West
BERNARD SANDERS, Vermont Virginia,
SHELDON WHITEHOUSE, Rhode Island Ranking Member
JEFF MERKLEY, Oregon JAMES M. INHOFE, Oklahoma
EDWARD J. MARKEY, Massachusetts KEVIN CRAMER, North Dakota
TAMMY DUCKWORTH, Illinois CYNTHIA M. LUMMIS, Wyoming
DEBBIE STABENOW, Michigan RICHARD SHELBY, Alabama
MARK KELLY, Arizona JOHN BOOZMAN, Arkansas
ALEX PADILLA, California ROGER WICKER, Mississippi
DAN SULLIVAN, Alaska
JONI ERNST, Iowa
LINDSEY O. GRAHAM, South Carolina
Mary Frances Repko, Democratic Staff Director
Adam Tomlinson, Republican Staff Director
----------
Subcommittee on Chemical Safety, Waste Management, Environmental
Justice and Regulatory Oversight
JEFF MERKLEY, Oregon, Chairman
BERNARD SANDERS, Vermont ROGER WICKER, Mississippi, Ranking
EDWARD J. MARKELY, Massachussetts Member
MARK KELLY, Arizona RICHARD SHELBY, Alabama
ALEX PADILLA, California DON SULLIVAN, Alaska
THOMAS R. CARPER, Delaware (ex JONI ERNST, Iowa
officio) LINDSEY O. GRAHAM, South Carolina
SHELLEY MOORE CAPITO, West
Virginia (ex officio)
C O N T E N T S
----------
Page
JULY 29, 2021
OPENING STATEMENTS
Merkley, Hon. Jeff, U.S. Senator from the State of Oregon........ 1
Wicker, Hon. Roger A., U.S. Senator from the State of Mississippi 2
WITNESSES
Sass, Jennifer Beth, Nominee to be a Member of the U.S. Chemical
Safety and Hazard Investigations Board......................... 4
Prepared statement........................................... 7
Responses to additional questions from:
Senator Markey........................................... 9
Senator Capito........................................... 10
Johnson, Sylvia E., Ph.D., Nominee to be a Member of the U.S.
Chemical Safety and Hazard Investigation Board................. 17
Prepared statement........................................... 19
Responses to additional questions from:
Senator Markey........................................... 21
Senator Capito........................................... 22
Owens, Stephen A., Nominee to be a Member of the U.S. Chemical
Safety and Hazard Investigations Board......................... 25
Prepared statement........................................... 27
Responses to additional questions from:
Senator Markey........................................... 31
Senator Capito........................................... 32
ADDITIONAL MATERIAL
American Chemistry Council....................................... 45
Letter of concern from 22 labor, environmental, community, and
scientific organizations....................................... 47
Letter support for the nomination of Dr. Jeninifer Sass to the
U.S. Chemical Safety and Hazard Investigatioin Board........... 63
HEARING ON THE NOMINATIONS OF STEPHEN A. OWENS, JENNIFER BETH SASS, AND
SYLVIA E. JOHNSON TO BE MEMBERS OF THE U.S. CHEMICAL SAFETY AND HAZARD
INVESTIGATIONS BOARD
----------
THURSDAY, JULY 29, 2021
U.S. Senate,
Committee on Environment and Public Works,
Subcommittee on Chemical Safety, Waste Management,
Environmental
Justice and Regulatory Oversight,
Washington, DC.
U.S. Senate Committee on Environment and Public Works
Subcommittee on Chemical Safety, Waste Management,
Environmental Justice, and Regulatory Oversight Washington, DC.
The committee, met, pursuant to notice, at 10:06 a.m., in
room 406, Dirksen Senate Office Building, Hon. Jeff Merkley
(chairman of the subcommittee) presiding.
Present: Senators Merkley, Wicker, Kelly, Capito, Ernst.
OPENING STATEMENT OF HON. JEFF MERKLEY,
U.S. SENATOR FROM THE STATE OF OREGON
Senator Merkley. Welcome, everybody. We now open the
hearing of the Subcommittee on Chemical Safety, Waste
Management, Environmental Justice, and Regulatory Oversight of
the Senate Environment and Public Works Committee.
Welcome to today's hearing. We are here to examine the
qualifications of three individuals nominated to serve as
members of the U.S. Chemical Safety and Hazard Investigations
Board, or better known as CSB. The CSB was created as part of
the Clean Air Amendments Act of 1990 and became operational 8
years later in 1998.
For over the last two decades, the CSB has been tasked with
investigating the root causes of industrial chemical accidents
at fixed industrial facilities. The CSB then offers
recommendations to facilities, to local and State governments,
regulatory agencies, industry organizations, and labor groups
on how to prevent future accidents. The result is improved
chemical safety at these facilities.
The CSB has investigated a broad array of accidents: fires
at chemical plants, a steam explosion of a 2,000-pound hot
water storage tank that launched the storage tank like a rocket
through the roof, and unfortunately killed an employee and
critically injured another. The CSB has investigated the 2010
explosion of the BP Deepwater Horizon rig in the Gulf of
Mexico, which killed 11 workers and created the largest oil
spill in American history. It has investigated the 2013
explosion at a Texas fertilizer plant that killed 15 and
injured more than 200.
While the CSB may not be as well-known as other agencies
like the Environmental Protection Agency, it plays a critical
role in the health and well-being of our ecosystem and our
industrial enterprises. People's lives depend on the Board's
ability to do its job by making appropriate and timely
recommendations, which is why it is unfortunate that over the
past few years, the CSB has not been fully equipped to carry
out its mission.
Every year, roughly 200 incidents occur that the Chemical
Safety Board considers investigating, but it only has enough
staff and funding to investigate a handful. It is understaffed
currently, with about 20 investigative positions, but only
about a dozen of them filled. It has the largest backlog in
investigations than it has had in the last 5 years.
It has more than 100 open safety recommendations that have
not been finalized. If they are not finalized, they are not
passed on. If they are not passed on, they are not considered.
If they are not considered, they are not acted on. If they are
not acted on, the odds of additional accidents goes way up, and
people get maimed, and people die. The Board's work needs to be
able to go forward in an efficient and effective manner.
One of the challenges is it only has one Board member right
now instead of five. Well, we are here to help address that
today, and I so much appreciate the three of you stepping
forward to bring your expertise to this task. It is important
that the Board have a sufficient number of members to act, that
it has the staff of inspectors and other positions to do its
job in protecting our lives.
Earlier this year, Senator Klobuchar and I wrote to the
Biden Administration, calling on them to fill these vacancies
as a significant priority in protecting Americans, and so thank
you to the Administration for proceeding to do so.
The nominees each bring with them a unique experience, life
experience, work experience that will help guide the CSB in its
work. Its work with local communities, with local governments,
with other agencies, and with the scientific and chemical
experts. The goal, of course, is getting the best possible
recommendations.
The CSB does not write rules. It does not write
regulations. It provides the nonpartisan, professionally
developed scientifically informed recommendations for those
agencies and companies to consider, so this is a really
important role.
I would like to turn to my colleague, Senator Wicker, for
any opening statement he would like to make.
OPENING STATEMENT OF HON. ROGER F. WICKER,
U.S. SENATOR FROM THE STATE OF MISSISSIPPI
Senator Wicker. Thank you, Chairman Merkley, and I
appreciate your calling today's subcommittee hearing.
I want to welcome our three witnesses today. They all have
been nominated to be members of the Chemical Safety and Hazard
Investigation Board, or CSB. I appreciate their willingness to
serve.
The CSB is an independent, non-regulatory agency charged
with investigating the root causes of chemical accidents at
industrial facilities. That is what they do. Congress created
the CSB to investigate accidents, understand what went wrong,
and help prevent them from happening again. This investigative
work is vital for the safety of our Nation's facilities and our
communities.
Since becoming operational in 1998, the CBS has
investigated three accidents that occurred in Mississippi, a
2002 explosion that injured three workers, a 2006 explosion
that killed three contractors and seriously injured another,
and fortunately, one in 2016 did not result in injuries or
fatalities.
The CSB works to investigate these types of incidents in
order to prevent them from happening again. The work is
important and can save lives. It is therefore critical that the
Board be filled with chemical process safety experts. Today's
hearing presents an opportunity to hear from each of them about
their qualifications for this supportive role.
I would note, earlier this week, the American Chemistry
Council sent a letter expressing concern that ``None of the
nominees has the necessary experience or expertise to meet its
mission.'' That is a direct quote. This committee has long held
a high standard for these positions.
As a matter of fact, at a previous hearing, in a question
for the record, my colleague and friend Senator Cardin asked
the following of a past CSB nominee who was considered by this
committee: ``You do not appear to have the relevant private
sector experience in chemical safety processes. What specific
knowledge do you bring to this position that is directly
relevant to the subject matters that the Chemical Safety Board
considers?''
That was a quote from our Democratic colleague from
Maryland, Senator Cardin. I think that is a question worth
asking each nominee today, and I look forward to getting to
know more about their experiences.
Thank you, Mr. Chairman.
Senator Merkley. Thank you, Ranking Member Wicker.
I would like to now introduce our nominees.
Dr. Jennifer Sass is a Senior Scientist at the Natural
Resources Defense Council, where she has served since 2001.
Since 2008, she has served as part-time faculty at the George
Washington Milken School of Public Health. Much of Dr. Sass's
work is focused on understanding and explaining the science
behind toxic chemical regulation and advocating for regulations
that are consistent with science, health policy, and
environmental law.
She frequently provides testimony in scientific briefings
for Members of Congress, as well as Federal advisory
committees, and is a lecturer at George Washington University's
Department of Environmental and Occupational Health. Dr. Sass
was a Board Member of the National Toxicology Program Board of
Scientific Councilors. She holds multiple degrees from the
University of Saskatchewan College of Medicine and a post-
doctoral certificate from the University of Maryland College of
Medicine.
Dr. Sylvia Johnson currently works for the National
Education Association in the Government Relations Department,
where she leads her legislative work on safe reopening of
schools. Previously, she served as Assistant Director of
Legislative Affairs for UAW, the International Union, United
Automobile, Aerospace, and Agricultural Implement Workers of
America. We just prefer to call them UAW.
Prior to working in the legislative department, Dr. Johnson
worked as an occupational epidemiologist where, in addition to
her work on work-related health studies, she conducted hazard
assessments and investigated incidents involving the death of
workers due to either chemical biological, or physical
exposures. Dr. Johnson graduated from Fayetteville State
University with a Bachelor of Arts degree in Geography and
double minors in mathematics and physics. She earned a Master
of Science from Virginia Commonwealth University in biomedical
engineering and a Ph.D. from Old Dominion University in urban
health services research.
I will now turn to Senator Kelly, who is not here, so I
will introduce our third individual.
Steve Owens is an attorney with Squire Patton Boggs, LLP in
Phoenix, Arizona, where he focuses on environmental safety and
health issues. From 2009 to 2011, Steve served as the U.S.
Environmental Protection Agency Assistance Administrator for
the Office of Chemical Safety and Pollution Prevention. As the
Assistant Administrator for OCSPP, Steve was responsible for
managing EPA's regulatory programs on chemicals and pesticides
under the Toxic Substances Control Act, known here as TSCA.
Prior to joining EPA, Owens was Director of the Arizona
Department of Environmental Quality from 2003 to 2009, where he
made addressing climate change, protecting children's
environmental health, and working closely with Arizona's tribal
nations top priorities. Mr. Owens graduated with honors from
Brown University in 1978 and received his law degree in 1981
from Vanderbilt Law School, where he was Editor in Chief of the
Vanderbilt Law Review.
Mr. Owens served as council to the Subcommittee on
Investigations and Oversight of the U.S. House Committee on
Science and Technology. During 1985 to 1988, Mr. Owens was
Chief Council and later, State Director for then-U.S. Senator
Al Gore. From 1999 to 2002, Mr. Owens served as a member of the
Joint Public Advisory Committee of the North American
Commission on Environmental Cooperation.
He is a former member of EPA's Clean Air Act Advisory
Committee and EPA's Children's Health Protection Advisory
Committee, as well as a former President of the Environmental
Council of the States, the National Association of State
Environmental State Directors.
Welcome to each of you, and we will now hear from the
nominees themselves. I think, checking with my team, are we
asking for 5 minutes of presentation? If you go a little bit
long, I will kind of suggest you wrap it up. Thank you.
So, let us start with Ms. Sass.
STATEMENT OF JENNIFER BETH SASS, NOMINEE TO BE A MEMBER OF THE
U.S. CHEMICAL SAFETY AND HAZARD INVESTIGATIONS BOARD
Ms. Sass. Thank you, Senator.
Chairman Merkley, Ranking Member Wicker, members of the
subcommittee, thank you for your consideration of my nomination
for the U.S. Chemical Safety and Hazard Investigation Board. I
am honored to be nominated by President Biden and, should I be
confirmed, to have the opportunity to take up public service as
a member of the Board.
With me today are my son, Nathan, and his girlfriend,
Christina, both now living in California, and my husband,
Michael.
My father, who lives in Canada, served in the U.S.
military, as did all his brothers and then went on to graduate
studies at Cornell University in the field of occupational
health and safety, and eventually into government health and
safety work. I credit my parents with instilling in my brother
and me a strong work ethic, integrity, and commitment to public
services. My parents, family, and friends are tuning in to
these proceedings via webcast.
I am a senior scientist at the Natural Resources Defense
Council, where, for the past two decades, I have worked to
advance policies and practices to better protect the health and
safety of American families in all the places that they live,
learn, work, and play. I provide policy strategy, scientific
review, and oversight of materials generated for our work to
characterize the potential impacts of chemicals on human health
and the environment.
My work informs decisionmakers and stakeholders, including
chemical manufacturers, product manufacturers, and other
downstream businesses that use chemicals: retailers, academic
researchers, doctors and other health care workers, outdoor
fishing, hunting, and recreation enthusiasts, and others.
On an almost daily basis, I engage in some form of risk
analysis. I help formulate environmental health strategies. I
work to build successful networks and partnerships across
diverse stakeholders and interests.
I also have a part-time faculty position at George
Washington University in the Department of Environmental and
Occupational Health, where I teach graduate-level science
policy classes. Last year, I was awarded a departmental
commendation for teaching excellence. In addition to academic
teaching, I provide scientific peer review for numerous
professional journals and have published over 50 articles in
scientific journals.
As a science policy expert, I have served on Federal
science advisory committees, including the National Toxicology
Program's Board of Science Councilors and also a member of the
President's Council of Advisors on Science and Technology on
the working group to evaluate the Federal nanotechnology
strategy. My time on these committees has established effective
working relationships with experts from government, academia,
and the private sector, always based on honest, respectful
engagement, open communication, and transparent information
sharing.
The Chemical Safety and Hazard Investigation Board is both
a scientific and a policy agency. The role of the agency is to
make effective recommendations to prevent future similar
incidences. It must gather all relevant information from the
facility under investigation, from industry and trade
associations, from subject matter experts, from the community,
workers, government agencies, elected officials, and others. To
be successful, the Board needs to maintain positive
relationships with all stakeholders to ensure that accurate,
timely information is effectively gathered and shared.
Congress has made it clear that the Chemical Safety and
Hazard Investigation Board has bipartisan support when it
functions well and accomplishes its mandate to deliver timely
reports and meaningful recommendations that support prevention
strategies.
I am confident that I will be successful in carrying out my
duties as a member of the Board to support its mission, should
you deem me worthy of the task.
Thank you.
[The prepared statement of Ms. Sass follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Senator Merkley. Thank you very much.
Ms. Johnson.
STATEMENT OF SYLVIA E. JOHNSON, PH.D., NOMINEE TO BE A MEMBER
OF THE U.S. CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
Ms. Johnson. Chairman Merkley, Ranking Member Wicker, and
members of the subcommittee, I am Sylvia Johnson, and I would
first like to thank you for the opportunity to appear before
you for my nomination by the President to the U.S. Chemical
Safety and Hazard Investigation Board.
Family with me here today, I have my big brother Anthony,
who is a retired Air Force veteran after serving 29 years. He
retired at the top of the ranks for enlisted members as a Chief
Master Sargent. I also have my cousin Tamra Louis, who is an
Army veteran. My other two brothers and numerous family and
friends are joining via livestream.
I grew up in rural North Carolina, raised by my parents,
Herbert and Annie Johnson, who believed in the dignity of hard
work and instilled in me the same. Although they did not have
the opportunity to go to college, they understood the value of
education and ensured that we could graduate from college and
pursue our goals.
My parents are deceased now, but their influence on me is
indelible. My mother worked in a shirt factory, and I remember
her coming home covered in cotton dust every day.
Unfortunately, she became ill and had to quit her job.
I remember her sleeping in a chair due to a debilitating
lung condition that made breathing difficult. Watching my
mother suffer and witnessing her death at the age of 61 left me
wishing that her work environment had been safer.
There were no Federal protections, regulations, or even
recommendations during her time at the factory. My mother's
experience inspired me to search for answers, become an
occupational epidemiologist, and endeavor to make factory
working conditions safer for all workers.
Passion for public service is as deeply ingrained in me as
my passion for science. My dad exemplified service to family,
community, and Country. He served in the military during the
Korean War in a segregated Army, but that did not diminish his
pride in having served. After leaving the Army, for the next
60-plus years, he was a small business owner, first in logging
and then in trucking.
He also served as a County Commissioner in Bladen County,
North Caroline for 12 years and was Chairman of the Board
during his final term. My dad's dedication to community and
Country continue to motivate me to improve the lives of others.
I am honored and humbled to be nominated. If confirmed, I
will be guided by the principles that have defined my training
and career: improving and protecting public health and safety
for all people.
My work in this area spans more than two decades, starting
with earning a Master of Science degree in biomedical
engineering with a concentration in industrial hygiene. As a
doctoral student, I researched the health effects of lead
poisoning in young children.
My professional experience includes investigating
industrial manufacturing accidents, hazard recognition and
mitigation, and understanding the connections between
government agencies and health and safety.
As an Occupational Epidemiologist in the Health and Safety
Department for the United Auto Workers, I conducted workplace
hazard assessments and investigated incidents involving worker
deaths due to chemical, biological, and physical exposures. I
have sat with grieving worker who lost a colleague to an
industrial accident, and it is a gut-wrenching experience. In
every hazard investigation I led, I worked with management to
fix unsafe conditions so that employees were protected and the
work continued.
I have worked on legislative efforts to assist those who
were sickened by contaminated drinking water in Flint,
Michigan. Given that my doctoral dissertation research was
focused on childhood lead poisoning, I was all too familiar
with the health risks of lead poisoning and how the government
could assist in addressing the crisis.
Most recently, as a legislative representative with the
National Education Association, I am part of a health and
safety team focused on keeping educators and their students
safe at school.
Health and safety issues remain a tenet of my career in
legislation and advocacy. For me, promoting adequate funding
for OSHA and EPA is paramount.
If confirmed to the CSB, I dedicate myself to its mission
to drive chemical safety change through independent
investigations to protect people and the environment. This
aligns with my personal calling and is a tribute to what I
learned from my parents. Workplaces must be safe and healthy,
and service to others is a privilege and an obligation.
Thank you again for this opportunity, and I look forward to
answering your questions.
[The prepared statement of Ms. Johnson follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Senator Merkley. Thank you, Dr. Johnson.
Mr. Owens.
STATEMENT OF STEPHEN A. OWENS, NOMINEE TO BE A MEMBER OF THE
U.S. CHEMICAL SAFETY AND HAZARD INVESTIGATIONS BOARD
Mr. Owens. Thank you, Senator Merkley, Ranking Member
Wicker, and members of the subcommittee.
If I may, at the beginning, introduce a couple of members
of my family that are here with me, my wife Karen Owens, who is
there, along with our son, Ben Owens. Our other son, John
Owens, lives in Arizona and, unfortunately, couldn't be with us
here today in person, but he is with us in spirit.
I want to thank you for holding this hearing and for giving
me the opportunity to be here. I am extremely honored to be
nominated by President Biden to be a member of the Chemical
Safety and Hazard Investigation Board.
The Chemical Safety Board is a small agency, but it has a
very big and very important mission: conduct investigations and
make recommendations that help ensure that chemical facilities
are operated safely and that the people who work in them and
the families who live near them are protected from chemical
disasters.
I grew up in a poor family in Memphis, Tennessee, and I was
talking with Senator Wicker about earlier. We lived in public
housing for a time when I was young, and I had part-time jobs
to help make ends meet.
I worked my way through college and law school with the
help of work-study jobs and student loans. I was fortunate to
be admitted to Brown University, where I graduated with honors,
and then attended Vanderbilt Law School, where I was Editor in
Chief of the Vanderbilt Law Review.
I am currently an attorney in Phoenix, Arizona, where I
practice environmental, safety, and health law. My practice
includes issues and regulations relating to chemical safety,
safe chemical practices, and the production, management, and
safe use of chemicals at facilities.
I have always had a deep commitment to public service.
During the Obama-Biden Administration, I served as the
Assistant Administrator of the U.S. Environmental Protection
Agency in charge of the Office of Chemical Safety and Pollution
Prevention. As Assistant Administrator, I oversaw EPA's
chemical regulatory programs, including implementation of the
Toxic Substances Control Act, the primary Federal law
regulating the chemical industry in this Country.
Our mission at EPA was to ensure the safety of chemicals,
the safe production and use of chemicals, and the reduction of
risk from chemicals to children, families, consumers, workers,
and other vulnerable populations. Among our efforts, we
prepared Action Plans on priority chemicals, issued new rules
to limit risks from existing chemicals, and required testing on
high-risk chemicals.
We launched the Chemical Data Reporting Rule, which
requires chemical manufacturers to provide more detailed and
more comprehensive data on their chemicals. We also developed a
framework for prioritizing chemicals for evaluation, which led
to EPA's chemical ``work plan'' that was incorporated into the
2016 amendments to the Toxic Substances Control Act by this
Congress.
We also increased transparency for chemical information and
expanded public access to health and safety data on chemicals.
We began the effort to reduce unnecessary confidentiality
claims and declassify information where confidentiality is no
longer warranted. We made the TSCA Inventory available to the
public online and created a searchable data base that gives the
public access to thousands of health and safety studies and
other chemical information that has been submitted to EPA.
We also worked with tribal leaders to establish the
National Tribal Toxics Council to expand safer chemical
initiatives in Indian Country and address unique chemical
exposures on tribal lands and Alaska Native villages.
Before joining EPA, I served as Director of the Arizona
Department of Environmental Quality, where I guided the
department's efforts on chemical safety and its role in
responding to chemical hazards and other emergency situations.
I made protecting children's health and reducing children's
exposure to toxic pollutants a top priority, and we worked very
closely with Arizona's tribal leadership to reduce toxic
exposures on reservation lands in our State.
We increased the department's emergency response
capabilities and activities. We placed a high priority on
providing immediate localized air quality monitoring, data
collection and emergency response support wherever there was a
fire, explosion, or other episode at a facility where chemicals
were present in order to protect the health and safety of the
surrounding community and of the first responders.
We also worked closely with Arizona's law enforcement and
homeland security officials to ensure the security of critical
infrastructure in our State, including potentially at-risk
chemical facilities, and I served on the Executive Oversight
Committee of the Arizona Counter-Terrorism Information Center.
My experiences have underscored for me the importance of
following the facts, the law, and the science in addressing
chemical risks and ensuring the safety of chemical facilities.
If I am privileged to serve on the Chemical Safety Board, I
pledge to do just that.
Thank you again for the opportunity to be here, Senators,
and I look forward to answering any questions you may have.
[The prepared statement of Mr. Owens follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Senator Merkley. Thank you very much, Mr. Owens.
Welcome to all the family members who have traveled to be
with us here today.
In initiating the questioning, we are going to start with
three yes or no questions that are asked of all nominees that
appear before us, and so I will just ask the question, and work
my way across: Mr. Owens, Dr. Sass, Dr. Johnson, in that order,
through these three questions.
Do you agree, if confirmed, to appear before this committee
or designated members of this committee and other appropriate
committees of Congress and provide information subject to
appropriate and necessary, with respect to your
responsibilities? Mr. Owens?
Mr. Owens. Yes, Senator.
Senator Merkley. Dr. Sass?
Ms. Sass. Yes, Senator.
Senator Merkley. Dr. Johnson?
Ms. Johnson. Yes, Senator.
Senator Merkley. Do you agree to ensure that testimony,
briefings, and documents, and electronic and other forms of
communication of information are provided to this committee and
its staff and other appropriate committees in a timely manner?
Mr. Owens?
Mr. Owens. Yes, Senator.
Ms. Sass. Yes, Senator.
Ms. Johnson. Yes, Senator.
Senator Merkley. Perhaps most importantly, do you know of
any matters which you may or may not have disclosed that might
place you in a conflict of interest if you are confirmed?
Mr. Owens. No, Senator.
Ms. Sass. No, Senator.
Ms. Johnson. No, Senator.
Senator Merkley. OK.
We will now begin the first round of questions. I want to
start with addressing the question of transparency with the
public. To all nominees, what would you do as a CSB Board
member to ensure that CSB is transparent to the public and
provides adequate opportunities for public engagement? Who
would like to jump in first?
Mr. Owens. Senator, I will be happy to go first.
Senator, thank you for that question. As I indicated in my
opening statement, I have had a lot of experience in providing
transparency to information. At EPA, we established a new
Chemical Data Reporting Rule, which requires more information
to be parted to the public. We created an online data base that
is searchable, so the public can have access to health and
safety studies, and I think that one of the keys to any
effective agency is transparency and accountability.
If I am privileged to serve on the Chemical Safety Board,
we will work with the staff to identify ways in which more
information can be made available to the public, more
communication with the public, as well as the stakeholders and
industry groups, so that the operations of the Board can be
better understood and become more effective.
Senator Merkley. Thank you.
Do either of you, Dr. Sass or Dr. Johnson, anything you
would like to add to that?
Dr. Sass. Thank you, Senator, for that question. I will
only add that transparency is different for different
stakeholders. There are different ways to communicate with
different stakeholders. So we would need to be sensitive to all
those. I would commit to getting briefed on all the different
ways that the Chemical Safety Board has to reach out and work
to try and improve transparency where possible. Thank you for
that question.
Senator Merkley. And Dr. Johnson, I will amend the question
a little bit, because there is another piece of it I wanted to
touch on. But in a situation where an accident involves a
community, maybe it is, for example, an explosion at a
fertilizer plant that affects a community, is there any
particular way that the CSB should make sure that the community
itself has a chance to share their perspectives and
information?
Ms. Johnson. Thank you, Senator, for the question.
Absolutely. I think that transparency has to be an integral
part of what the CSB does. As Dr. Sass indicated, depending
upon who the stakeholders are, obviously there would be a
process by which that happens. But it would be imperative that
the surrounding community have full transparency of what has
happened and what we are going to do about it to protect them
in the future. Part of the mission of the Chemical Safety Board
is not only to protect the environment, but the public as well.
Senator Merkley. Thank you very much, Dr. Johnson.
I want to turn next to the issue of scientific integrity,
and kind of non-partisan and immunity to political
interference. What actions would you take to assure that the
scientists, the investigators, who are also scientists, at the
agency are free to conduct and communicate their research
without political interference, and that scientific and
technological findings are not suppressed or distorted at the
CSB?
Dr. Sass, would you like to begin on that?
Ms. Sass. Thank you, Senator, for that question. Thank you
for raising that issue because it is so important. The
integrity of science is fundamental to earning the trust of the
public and stakeholders. I would commit myself to being fully
briefed. There are laws and rules and regulations that agencies
have to follow, as well as practices. I would look forward,
should I be confirmed, to getting fully briefed on those. Thank
you.
Senator Merkley. Dr. Johnson.
Ms. Johnson. Thank you, Senator, for the question. In the
event that you described, I would commit to, if I am confirmed
to the Chemical Safety Board, to gather all of the data and be
transparent, and exhibit the highest level of integrity.
Because integrity is what drives me. I am also driven by data
and science and numbers. So I commit to ensuring.
Senator Merkley. Dr. Johnson, if you got a call from an
Assistant Secretary who said, we want to do a big press release
on such and such of an issue, so can you speed up the work and
really modify the recommendation, your draft recommendation, to
give us a little more political punch, what would your response
be?
Ms. Johnson. My response to that would be that I am driven
by science and data and integrity and I would have to delve
into what is going on and based on the findings and the facts,
that would guide my decision on whether or not to release the
information. I would be guided by facts.
Senator Merkley. Thank you.
Mr. Owens, would you be supportive of the CSB developing a
scientific integrity policy?
Mr. Owens. Yes, Senator. I would be. When I worked at EPA
and also the Arizona Department of Environmental Quality, I had
the privilege of working with many career-trained scientists. I
am not a scientist myself. I learned that the best thing I
could do as a manager and as a director of the office as well
as an agency, is to give them the support and direction that
they need, to stand by them when they are making their
scientific decisions and ensure that they are focused on their
mission and not worrying about outside interference.
Senator Merkley. Thank you.
Our Ranking Member, Senator Wicker.
Senator Wicker. Thank you very much.
Mr. Owens, you grew up in Memphis. Where did you go to high
school?
Mr. Owens. Messick High School, sir.
Senator Wicker. That is about an hour and a half from where
I grew up, in Pontotoc, Mississippi.
Mr. Owens. Yes, sir. I know Pontotoc well.
Senator Wicker. Dr. Johnson, you grew up in Bladen County?
Ms. Johnson. Yes, Senator.
Senator Wicker. Which town?
Ms. Johnson. Elizabethtown, except I really grew up beside
the road, because we didn't even have a traffic light. So I
grew up in the suburbs of Elizabethtown.
Senator Wicker. The outskirts, OK. That is two counties
away from Wayne County, where I spent 4 years in the U.S. Air
Force.
Ms. Johnson. Yes.
Senator Wicker. So I identify with at least two members of
the panel here.
Let's just ask, two groups that have concerns about your
qualifications have spoken out, the American Chemistry Council
and the Petrochemical Manufacturers have expressed concern
about your qualifications. As I mentioned in my opening
statement, they said the nominees do not have ``the necessary
experience or expertise to meet its mission.''
So let me start with you, Mr. Owens. In your practice, have
you dealt with industrial accidents?
Mr. Owens. Senator, thank you for the question. I have not
dealt specifically with an industrial accident. I have done
preventive work with clients to prevent industrial accidents.
My practice includes advising a number of companies, both
chemical manufacturers, chemical processors, and other large
chemical users on ways to comply with existing regulations,
including OSHA's process safety management standard, the
Department of Homeland Security's counterterrorism facility
standards and some of the other applicable regulations that EPA
and other agencies comply with.
So I have advised them on how to comply, how to avoid
having accidents in the first place. I look forward to the
opportunity to work with them, work with stakeholders if I am
privileged to serve on the Chemical Safety Board.
Senator Wicker. Is it your position that there are
professional investigators on the staff that will be able to
take care of the investigation?
Mr. Owens. Thank you, Senator, for the question. Yes, sir,
I believe that is the situation.
As a member of the Board, I would view my responsibility to
support the career staff there who are the trained
investigators of the Chemical Safety Board to do the hands-on
work and develop the recommendations and provide those up to
the Board. We would evaluate those recommendations to ensure
that they are practical and reasonable and can be put into
effect.
I would think that as a Board member, the best role is to
provide that kind of support to the career technical staff who
are trained engineers in many cases.
Senator Wicker. OK.
Dr. Johnson, let me give you a minute five, to answer. Have
you ever interacted with the CSB in either your role at the NEA
or the UAW?
Ms. Johnson. Thank you, Senator, for the question. During
my time at the NEA, I have not interacted with the CSB. During
my time at the UAW, I did not interact with the CSB.
Senator Wicker. Is the criticism of these two organizations
fair, do you think?
Ms. Johnson. In terms of?
Senator Wicker. They have said that none of you are
qualified based on experience, to serve on this Board.
Ms. Johnson. I would say that that is not accurate in my
case. During my time at the UAW as an epidemiologist, I worked
with labor and management, I have investigated chemical
accidents, I have trained workers on how to remain safe from
chemicals, how to safely store chemicals.
Senator Wicker. Were these accidents industrial accidents?
Ms. Johnson. They were industrial accidents, yes.
Senator Wicker. Where?
Ms. Johnson. There was an industrial accident at a Chrysler
plant in Kokomo, Indiana, where I had 95 workers who were sick
from exposure to metalworking fluids. I worked on a study at a
plant that is now closed that was in Huntsville, Alabama, with
exposure to benzene.
Senator Wicker. Perhaps you could supplement your answer
since I only have 38 seconds.
Dr. Sass, is the criticism about your qualifications
unfounded?
Ms. Sass. Senator, thank you for the question. Thank you
for caring about the qualifications of the members of the
Chemical Safety Board to carry out its mission to protect and
prevent accidents and protect safety.
The Chemical Safety Board has always enjoyed bipartisan
support, because in Congress' wisdom it recognized that the
CSB's mission was best achieved by a multidisciplinary Board.
And it includes someone with my skill set. It is part of the
description that Congress included when it described what a
functioning Board would look like. I bring to that Board health
and toxicology skills and science policy skills as well as a
broad view that is required for a thorough Chemical Safety
Board investigation and meaningful recommendations to all
stakeholders.
I commit to you to listening to all concerned stakeholders,
including the private sector and its trade associations to
support industry, the economy, jobs, and the communities that
surround those industries and the health of those members of
the communities and their families by having a working,
functioning Chemical Safety Board staff and Board. Thank you.
Senator Wicker. Thank you, ma'am. And thank you, Mr.
Chairman.
Senator Merkley. Thank you. We will turn to Senator Kelly.
Senator Kelly. Thank you, Mr. Chairman.
Mr. Owens, I want to again say how pleased I am to see an
Arizonan nominated to serve on the CSB. I want to say thank you
for your willingness to serve in this very important role.
For those of you who don't know, Steve brings decades of
experience working on issues in chemical safety and regulatory
oversight to the Board from his time being, and this may have
come up, leading the Arizona Department of Environmental
Quality and then working on these issues at the EPA.
Mr. Owens, I often talk on, at this committee, about how
the regulatory and environmental challenges faced by Arizona
often look different than those in other States. I am
especially pleased that you are able to bring your perspective
as a former Arizona regulator to this Board.
Could you share how you plan to bring your experience
working in Arizona to your time on the CSB?
Mr. Owens. Thank you, Senator, for the question. It is good
to see you again. I appreciate the opportunity to be here with
you today.
As the director of the Arizona Department of Environmental
Quality, I oversaw the emergency response functions of the
agency and the role that the agency had in responding to events
such as a fire, explosion, or other episode at a chemical
facility. We provided air quality monitoring information and
collected the data that we needed. We worked with local law
enforcement as well as plant officials and members of the
surrounding community to ensure that members' families who
lived near those facilities had the information they needed and
that we took appropriate action as the State environmental
protection agency where it was required.
Senator Kelly. Thank you.
I next want to ask all three nominees about the importance
of the CSB's work to help communities prepare for emergency
situations at chemical facilities. To date, CSB has conducted
16 investigations and made 46 recommendations seeking to help
industry, first responders, and regulators proactively plan for
emergency situations at facilities where there is a lot of
risk. Despite this work, too often local first responders,
especially in rural and disadvantaged communities, still
struggle when faced with chemical fires or similar emergency
situations.
What more do you believe CSB can do to engage local
communities to ensure that recommendations made around
emergency preparedness are understood and implemented? Why
don't we start with Dr. Johnson?
Ms. Johnson. Thank you, Senator, for the question.
It is my belief that engaging stakeholders and keeping open
lines of communication on a consistent basis is important to
guide the work of the CSB. If I am confirmed to the CSB, I
commit to you that that would be a priority for me in terms of
reaching out to stakeholders.
I am from a rural community, and I totally understand what
you are talking about in terms of being able to have that
outreach or that reach into those communities, because it is
vitally important.
Senator Kelly. Thank you.
Dr. Sass, would you like to add anything?
Ms. Sass. Senator, thank you very much for the question and
for thinking broadly about all of the stakeholders for Chemical
Safety Board recommendations, including both those that receive
the recommendations and those that are impacted by the
recommendations, like communities and America's families.
I share your concern for protecting those families, and I
commit to you to get fully briefed on all the different ways
that the Chemical Safety Board has now for communicating and
outreach, both in terms of timeliness as well as accuracy of
information, and to ensure that the Chemical Safety Board uses
its resources wisely to carry out its mission to protect those
families.
Senator Kelly. Thank you.
Mr. Owens.
Mr. Owens. Thank you, Senator, for the question. Yes, I
believe that transparency and accountability for the Chemical
Safety Board would be extremely important in providing
information to the families that live near chemical facilities
when there has been an incident. It is especially important so
that they understand not only what has happened at the facility
but where the investigation is going, what the status of that
investigation is along the way, so that they can understand
better what action is being taken to prevent similar episodes
in the future.
Senator Kelly. Thank you. I yield back the remainder of my
time, Mr. Chairman.
Senator Merkley. Thank you, Senator Kelly.
Senator Capito.
Senator Capito. Thank you, Mr. Chairman. Thank you all for
your willingness to serve, and thanks for being here today.
Congress created the Chemical Safety Hazard and
Investigation Board, or CSB, to investigate accidents and
determine the conditions and circumstances that led up to these
accidents. The Board certifies the causes or cause of the
accident so that similar things can be prevented.
Investigative work is vital for the safety of our Country's
facilities and our communities. I am from West Virginia. We
have a lot of chemical facilities, and we have had several
accidents. We are a global leader in chemical manufacturing,
and this industry provides thousands of jobs in West Virginia,
particularly in the area and community where I live.
I am committed to make sure that everybody has the right
skills and technical expertise. Learning from past mistakes is
critically important. Working with the communities is
absolutely essential, quickly with the communities. That is one
of the things we have learned. Leaving things in limbo with
communities who have been affected by something immediately is
probably one of the worst things that you can do to a
community, and lack of communication.
I know that this has been covered a little bit, so I am
going to skip Dr. Johnson, because I heard your reply to
Senator Wicker. But can you describe, Dr. Sass, a time you led
or participated in either an industrial, chemical, or
transportation facility accident, just to give me an example of
something like that, if you have done that? Then we will go to
Mr. Owens.
Ms. Sass. Thank you, Senator Capito. Thank you for making
time to come to the hearing. I really appreciate that and your
interest in the Chemical Safety Board and its mission.
As a science and science policy expert, my role has been to
work with communities, both communities on the ground, in local
areas, in States and local areas as well as different kinds of
Federal interest stakeholders who are interested in chemical
policy, chemical regulation, as chemicals get reviewed, and the
way chemicals are used.
I also have worked with users of chemicals in downstream
chains and retailers and products and consumer products. My
role has been to understand the movement of chemicals through
the economy, through the supply chain, and from manufacturers
to downstream users, and to work with those stakeholders to
ensure that they are used in the safest way possible.
Senator Capito. So you haven't actually been part of an
accident investigation. While I have you, apparently in 2019,
you tweeted ``Shame on the EPA Chemical Safety Office for
posturing to the American Chemistry Council corporate toxic
chemical manufacturers and polluters! Mission fail.'' This was
in response to a tweet documenting that the head of EPA's
Chemical Office spoke to the industry about her commitment to
``implementing TSCA in an open and transparent way.''
Why is that posturing?
Ms. Sass. Thank you, Senator, for that question. I have to
apologize that I do not recall the full context of that. But I
will only comment that it is important to me, both personally
and in my professional work, that the Federal agencies
communicate with communities, with all stakeholders, and that
includes communities, as well as those that receive the
recommendations of something like a Chemical Safety Board.
Senator Capito. But I don't think that you can have
sufficient implementations of something like TSCA if you are
not also talking to the manufacturers and the producers and
other people who are intimately involved. How can you only talk
to--I mean, I started out with talking about community
involvement and how important that is. How can you only talk to
the community and not talk to the people who understand the
processes? That seems like that is what you are saying here.
Ms. Sass. Senator Capito, I agree with you that talking to
all stakeholders and gathering all information is important.
Again, I don't remember the exact context of that particular
tweet. But I do commit to you to fully consult with all
stakeholders.
Senator Capito. OK, so maybe we will ask an additional
question and get some clarification.
Ms. Sass. Sure, that would be fine. Thank you.
Senator Capito. Mr. Owens, the first question. I think you
answered this, but I might have missed it. I know you have
worked in this area.
Mr. Owens. Thank you, Senator. I appreciate the question. I
actually want to clarify something I said in response to
Senator Wicker's question. Certainly as the director of the
Arizona Department of Environmental Quality, I oversaw
emergency responses. In fact, in my first year as DEQ director,
we had an episode that was investigated by the Chemical Safety
Board, a chlorine leak at a chlorine facility in the west
valley, in Maricopa County.
Our agency was not directly involved in it, because the air
quality permit was issued by the Maricopa County Air Pollution
Control Department. But we worked hand in hand with them to
ensure that citizens that live near that facility, there was an
evacuation as well, that everyone was taken care of and that
the appropriate information was provided to the community along
the way.
More recently, as a private practitioner in Phoenix, I have
worked with companies, not just in Arizona, but across the
Country, who manufacture chemicals, who use chemicals. While I
told the Senator I have not been personally hands-on involved
in an accident investigation, I have worked with the
individuals at those companies who have been involved in
accident investigations, and have advised them on compliance
with the regulations, including on release reporting
requirements and on remedial actions that need to be taken by
those facilities.
As part of that, I have ensured that the have either stayed
in compliance, if they weren't in compliance before, or come
into compliance if they weren't into compliance to begin with.
Senator Capito. Thank you. Thank you, Mr. Chairman.
Senator Merkley. Thank you very much, Senator Capito.
I am sorry Senator Kelly has left, because I wanted Mr.
Owens to have a chance to display his Arizona flag while
Senator Kelly was here. Obviously, a proud citizen of that
State.
I want to address the backlog and whether, as potential
Board members, you feel that we need to catch up or reduce that
backlog in order to get recommendations out the door so that
more accidents are prevented. That backlog has been described
as the largest backlog in the last 5 years, and that there are
100 open safety recommendations.
My understanding of that, which I hope is right, is that
there are draft recommendations but they haven't been completed
and officially shipped out the door.
What is your viewpoint on this backlog and the importance
of actually completing recommendations and sending them out the
door to the appropriate agencies and organizations? Why don't
we start with Dr. Johnson?
Ms. Johnson. Thank you, Senator, for the question. As it
pertains to the backlog at the Chemical Safety Board, if I am
confirmed, I commit to doing my part to uncover why that
backlog exists, and do my part to also ensure that the backlog
gets addressed.
I also commit to work with this committee in so doing. It
is important to both the public and this committee to figure
out what the root cause of the backlog is. I understand that
each existing case that is backlogged obviously has a set of
circumstances for which there may be some explanation. So my
job if confirmed to the Chemical Safety Board would be to take
a deeper diver and look into that.
Senator Merkley. Thank you.
Dr. Sass.
Ms. Sass. Thank you, Senator.
I do also, like Dr. Johnson, commit to understanding better
the delay. As a scientist, I certainly want to have timely
information, but accurate information as well. I also
understand that there are many stakeholders in the public that
are concerned about that issue. So I would commit to looking
into that. Thank you.
Senator Merkley. Thank you.
Mr. Owens.
Mr. Owens. Thank you, Senator, for the question. Like my
colleagues here on the panel, I have not had the opportunity to
be fully briefed on or briefed at all on the reasons for the
backlog there. I do know from the public record that exists
that there are roughly 19 open investigations at the Board.
As I have said in my comments already, I believe that
transparency and accountability for the Board are very
important. If I am privileged to serve on the Board, we will
work to not only understand the reasons for that backlog but
work to move investigations and recommendations forward as
expeditiously as possible.
Senator Merkley. I think about the fact that when a
recommendation sits on the shelf, enacted, but it hasn't been
shipped out, there may be other accidents that occur because of
the failure to do so. Of course, that is the whole goal here,
is to prevent industrial chemical accidents.
I want to turn to the issue of environmental justice. A lot
of chemical facilities that use chemical industrial facilities
are located in fence line communities. Is there a sense or a
role for the CSB in understanding the potential impact on the
community of safety issues at a nearby industrial facility?
Ms. Sass. Senator, thank you for that question. I know that
fence line communities, environmental justice communities, the
terms can be a little different. In this case, I think we are
really focused on the fence line communities around facilities.
They also include not only families that live near these
facilities and are impacted by potential accidents but they
also include people that work at those facilities, people that
live, go to school, do their daily activities around those
facilities.
So I think it is very important for a functioning Chemical
Safety Board to consider all of the stakeholders when it does
its investigations, and gather all of the relevant information.
That would include from the facility, from managers, from
employers, from the employees, from the community and from
other professionals with specific expertise in those areas in
order to make as informed decisions and recommendations as
possible. I would commit to doing that.
Thank you.
Senator Merkley. Thank you.
Anyone else want to jump in and share thoughts on this?
Mr. Owens. I will take a stab at it. Thank you, Senator,
for that question.
As I said, I think one of the most important things a Board
like the Chemical Safety Board can do, and any agency for that
matter, that is reviewing chemical safety issues, is to keep
the surrounding communities informed, as well as work closely
with all the stakeholders.
As Senator Capito indicated, and as you indicated as well,
a recommendation that isn't made isn't much of a
recommendation. So if I am privileged enough to serve on the
Board, as a member of the Board, I would look forward to
working with the career professional staff there and the other
Board members to figure out ways that we can be more
transparent and have more engagement and active involvement, so
that the surrounding communities, the families that live near
those facilities, will understand more what happened, why it
happened, and what is being done to prevent it from happening
again.
Senator Merkley. Thank you all. I certainly think about how
many of these accidents can affect the community. Fires, toxic
smoke from fires, releases of gases like chlorine gas, so on
and so forth, explosions. So the sensitivity to the
communities, as you put it, the fence line communities, is
certainly appropriate.
I want to close with thinking a little bit about the
background each of you bring. Mr. Owens, you have been, if I
understand your testimony correctly, and I just want to affirm
this, you have been advising companies on how to prevent
chemical accidents and ensure chemical safety. Did I understand
that correctly?
Mr. Owens. Yes, Senator.
Senator Merkley. And the role of this Board is to prevent
chemical accidents and advise on chemical safety, am I correct
on that?
Mr. Owens. Yes, Senator, that is my understanding.
Senator Merkley. So your experience certainly is directly
relevant?
Mr. Owens. Yes, Senator, I believe so.
Senator Merkley. And Dr. Johnson, I understand from your
testimony, again, I want to make sure I read this correctly,
that you have conducted workplace hazard assessments and
investigated chemical accidents? Did I understand that
correctly?
Ms. Johnson. Yes, Senator.
Senator Merkley. And while as a Board member, you wouldn't
be actually doing the hazard assessments and/or investigating
the chemical accidents, you would be overseeing the work of
professional scientists who would be doing hazard assessments
and investigating chemical accidents?
Ms. Johnson. Yes, Senator.
Senator Merkley. So your background is very relevant to the
work of this Board?
Ms. Johnson. I would say so, yes.
Senator Merkley. And Dr. Sass, you have a graduate degree
in occupational health and safety. I understand from your
testimony that occupational health and safety has been a
significant kind of core of your professional life, and that
you have worked to inform decisionmakers and stakeholders,
including chemical manufacturers, on chemical exposure and
safety issues.
Do I have that correct?
Ms. Sass. Yes, sir.
Senator Merkley. So that role of occupational health and
safety, that kind of theme in your professional work, and the
fact that you have worked to inform decisionmakers and
stakeholders on chemical exposure and safety issues, seems
directly related to the core mission of this Board, am I
correct in that?
Ms. Sass. It is, Senator, yes. Thank you.
Senator Merkley. OK, thank you all for that.
I am going to turn to my team now, who I am sure is going
to guide me in the official closing comments here.
So in closing, thank you for your time and your testimony,
your willingness to bring your expertise to bear on this
important mission. Some final housekeeping: I would like to ask
unanimous consent to submit for the record a number of reports
and articles related to today's hearing.
Hearing no objections, it always helps when no one is
present to object, then we will have those submitted.
[The referenced information follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Senator Merkley. Additionally, Senators will be allowed to
submit questions for the record through the close of business
on August 12th. We will compile those questions; we will send
them to all of you, our nominees, and ask you to reply by
August 26th.
With that, the hearing is adjourned.
[Whereupon, at 11:08 a.m., the hearing was adjourned.]
[all]