[Senate Hearing 117-729]
[From the U.S. Government Publishing Office]
S. Hrg. 117-729
NOMINATIONS OF MARIA LOUISE LAGO
AND LISA W. WANG
=======================================================================
HEARING
before the
COMMITTEE ON FINANCE
UNITED STATES SENATE
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
on the
NOMINATIONS OF
MARIA LOUISE LAGO, TO BE UNDER SECRETARY FOR INTERNATIONAL TRADE,
DEPARTMENT OF COMMERCE; AND LISA W. WANG, TO BE ASSISTANT SECRETARY FOR
ENFORCEMENT AND COMPLIANCE, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE
__________
NOVEMBER 16, 2021
__________
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Printed for the use of the Committee on Finance
______
U.S. GOVERNMENT PUBLISHING OFFICE
53-207-PDF WASHINGTON : 2023
COMMITTEE ON FINANCE
RON WYDEN, Oregon, Chairman
DEBBIE STABENOW, Michigan MIKE CRAPO, Idaho
MARIA CANTWELL, Washington CHUCK GRASSLEY, Iowa
ROBERT MENENDEZ, New Jersey JOHN CORNYN, Texas
THOMAS R. CARPER, Delaware JOHN THUNE, South Dakota
BENJAMIN L. CARDIN, Maryland RICHARD BURR, North Carolina
SHERROD BROWN, Ohio ROB PORTMAN, Ohio
MICHAEL F. BENNET, Colorado PATRICK J. TOOMEY, Pennsylvania
ROBERT P. CASEY, Jr., Pennsylvania TIM SCOTT, South Carolina
MARK R. WARNER, Virginia BILL CASSIDY, Louisiana
SHELDON WHITEHOUSE, Rhode Island JAMES LANKFORD, Oklahoma
MAGGIE HASSAN, New Hampshire STEVE DAINES, Montana
CATHERINE CORTEZ MASTO, Nevada TODD YOUNG, Indiana
ELIZABETH WARREN, Massachusetts BEN SASSE, Nebraska
JOHN BARRASSO, Wyoming
Joshua Sheinkman, Staff Director
Gregg Richard, Republican Staff Director
(II)
C O N T E N T S
----------
OPENING STATEMENTS
Page
Wyden, Hon. Ron, a U.S. Senator from Oregon, chairman, Committee
on Finance..................................................... 1
Crapo, Hon. Mike, a U.S. Senator from Idaho...................... 2
ADMINISTRATION NOMINEES
Lago, Hon. Maria Louise, nominated to be Under Secretary for
International Trade, Department of Commerce, Washington, DC.... 3
Wang, Lisa W., nominated to be Assistant Secretary for
Enforcement and Compliance, International Trade Administration,
Department of Commerce, Washington, DC......................... 5
ALPHABETICAL LISTING AND APPENDIX MATERIAL
Crapo, Hon. Mike:
Opening statement............................................ 2
Prepared statement........................................... 25
Lago, Hon. Maria Louise:
Testimony.................................................... 3
Prepared statement........................................... 25
Biographical information..................................... 26
Responses to questions from committee members................ 36
Wang, Lisa W.:
Testimony.................................................... 5
Prepared statement........................................... 39
Biographical information..................................... 40
Responses to questions from committee members................ 45
Wyden, Hon. Ron:
Opening statement............................................ 1
Prepared statement........................................... 47
(III)
NOMINATIONS OF MARIA LOUISE LAGO,
TO BE UNDER SECRETARY FOR
INTERNATIONAL TRADE, DEPARTMENT
OF COMMERCE; AND LISA W. WANG,
TO BE ASSISTANT SECRETARY FOR
ENFORCEMENT AND COMPLIANCE,
INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE
----------
TUESDAY, NOVEMBER 16, 2021
U.S. Senate,
Committee on Finance,
Washington, DC.
The hearing was convened, pursuant to notice, at 10:31
a.m., via Webex, in Room SD-215, Dirksen Senate Office
Building, Hon. Ron Wyden (chairman of the committee) presiding.
Present: Senators Menendez, Carper, Cardin, Brown, Bennet,
Whitehouse, Cortez Masto, Crapo, Cassidy, Lankford, and Young.
Also present: Democratic staff: Sally Laing, International
Trade Counsel; Ian Nicholson, Investigator and Nominations
Advisor; and Joshua Sheinkman, Staff Director. Republican
staff: Lincoln Foran, Policy Advisor; James Guiliano, Policy
Advisor; John O'Hara, Trade Policy Director and Counsel; Mayur
Patel, Chief International Trade Counsel; Gregg Richard, Staff
Director; and Jeffrey Wrase, Deputy Staff Director and Chief
Economist.
OPENING STATEMENT OF HON. RON WYDEN, A U.S. SENATOR FROM
OREGON, CHAIRMAN, COMMITTEE ON FINANCE
The Chairman. The Finance Committee meets this morning to
discuss two important nominations for President Biden's trade
policy team at the Commerce Department. First, Maria Lago is
nominated to serve as Under Secretary of Commerce for
International Trade. This role is all about being the point
person for trade policy at the Commerce Department, heading up
the International Trade Administration. It deals with enforcing
our trade laws to protect American jobs, breaking down barriers
to American-made exports, and getting small and medium-sized
businesses into the trade policy winners circle. It is a wide-
ranging job, but that is why President Biden nominated an
individual with a vast array of experience in many different
leadership roles.
Ms. Lago served during the Obama administration as
Assistant Secretary for International Markets and Development
at the Treasury. She previously led the Office of International
Affairs for the Securities and Exchange Commission. She was a
top economic development official for New York State and the
city of Boston. Most recently, she served as the Director of
the New York City Department of City Planning and Chair of the
City Planning Commission.
I am confident in her experience, and I am confident in her
ability. She is going to be leading a big economic team, and
there are certainly some big economic challenges.
Next, Lisa Wang is nominated to serve as Assistant
Secretary of Commerce for Enforcement and Compliance. This role
is about using some of our strongest tools for protecting
American jobs and businesses against trade rip-offs. That
includes investigating and addressing dumping by foreign
companies and unfair government subsidies. The Enforcement and
Compliance office also works closely with USTR on key trade
enforcement issues.
Ms. Wang previously served as a Senior Attorney in the
Office of the Chief Counsel for Trade Enforcement and
Compliance at the Commerce Department. She also served as
Assistant General Counsel in the Office of the U.S. Trade Rep
and has experience in private practice. The bottom line is, she
is a specialist in the areas of trade law dealing with
enforcement and compliance, and she is the right person for the
right job.
This committee takes a special interest in what I call
``trade done right.'' It is about fighting for American jobs,
workers, businesses, farmers, and ranchers by strongly
enforcing trade laws and creating new opportunities to sell
American-made goods and services across the world. It is as if
they are two sides of one coin. You want to have tough
enforcement to protect American jobs and ensure we get a fair
shake, and then you want to go out and create new opportunities
for us to add value to products and then ship them,
particularly Oregon products, all over the world.
Ms. Lago and Ms. Wang will be excellent additions to that
team. I want to congratulate them on their nominations, and I
am looking forward to that discussion.
Thank you.
Senator Crapo?
[The prepared statement of Chairman Wyden appears in the
appendix.]
OPENING STATEMENT OF HON. MIKE CRAPO,
A U.S. SENATOR FROM IDAHO
Senator Crapo. Thank you, Senator Wyden.
Welcome, Ms. Lago and Ms. Wang, and congratulations on your
nominations.
If confirmed, the nominees before us will have key roles in
overseeing and operating the Department of Commerce's
International Trade Administration, or ITA. ITA plays an
important role in promoting market access and redressing unfair
trade practices. Both functions are critical to American
prosperity.
For example, Hamilton Manufacturing in Twin Falls, ID
successfully utilized ITA's export promotion services to locate
new partners in Chile. There are many other companies in Idaho
and across the country that can benefit from such assistance.
Ms. Lago, I look forward to hearing your views today on how
ITA can expand export opportunities for America's farmers,
businesses, and workers. In terms of unfair trade practices,
our industries have to be able to compete on a level playing
field, including by having recourse to relief under our
antidumping and countervailing laws when appropriate. This is
particularly important right now when China is spending record
sums on industrial subsidies. Ms. Wang, I hope you will share
your insights on how ITA can administer the trade remedy laws
effectively.
I remind both nominees that ITA's success in its mission is
contingent on a strong partnership with Congress. This is true
not just because Congress has authority over trade policy under
our Constitution, but because members are in the best position
to understand the needs of our constituents. I hope the
nominees today will confirm that they would closely consult
with this committee if confirmed.
I look forward to hearing the nominees' testimony and their
responses to our questions.
Thank you.
[The prepared statement of Senator Crapo appears in the
appendix.]
The Chairman. Thank you very much, Senator Crapo.
We will hear from Ms. Lago, and then we will hear from Ms.
Wang. We will have then some procedural requirements, but let's
go forward with Ms. Lago, who is on the web. Ms. Wang will then
go next.
Ms. Lago, you are out in cyberspace, I believe, somewhere,
and we would like to hear from you.
STATEMENT OF HON. MARIA LOUISE LAGO, NOMINATED TO BE UNDER
SECRETARY FOR INTERNATIONAL TRADE, DEPARTMENT OF COMMERCE,
WASHINGTON, DC
Ms. Lago. Thank you so much, Chairman Wyden. Chairman
Wyden, Ranking Member Crapo, and members of the Senate Finance
Committee, thank you for welcoming me here and for allowing me
to testify virtually. It is a tremendous privilege to be
considered by this committee as the nominee for Under Secretary
for International Trade at the Department of Commerce.
Considering the achievements of those who have served in this
position in prior administrations, it is humbling to be here
today.
It is increasingly important that our Nation remain the
global leader on trade, especially as we look to a post-
pandemic world. If confirmed, I will treat the role of leading
the ITA with the significance that it deserves.
Before I discuss my priorities, I would like to take a
brief moment to recognize three major influences in my life.
First, my partner of 47 years, my beloved architect husband
Ronald Finiw. Ron is the son of Ukrainian parents who our
country welcomed as displaced persons following World War II.
Ron and I met at Cooper Union, which provided each of us with a
tuition-free education for which we are eternally grateful. I
am also grateful to Congress for the Work-Study Program, which
allowed me to earn the funds that I needed to support myself
while in college. Second, my mother, Maria Pita Salto, a
Spanish immigrant and a proud American, who raised me
bilingually and who passed along her rock-solid ethical core.
And finally, my late father Louis Lago, child of Spanish
immigrants and a World War II Navy veteran.
My parents instilled in me a lifelong love of learning,
bursting with pride when I became my family's first college
graduate. My father's career as a 30-plus-year civilian
employee of the Department of Defense set a powerful example
for his children. My brother Paul Lago has spent his entire
career as a Federal civil servant also at DoD. And my Dad's
lessons have shaped my career in Federal, State, and municipal
government, a career that has focused on supporting jobs for
the American people--stable, well-paying jobs that support
families and communities.
Throughout my time in government, I have seen the power of
trade and investment to improve lives. During my 7 years at
Treasury, I worked with the World Bank and its regional
counterparts to increase women's access to capital, allowing
them to build businesses and support both their families and
their communities. I came to see firsthand that, over the
longer term, these investments create export opportunities for
U.S. businesses of all sizes, which in turn create more jobs
for U.S. workers.
Similarly, when I was President and CEO of New York State's
economic development arm, I saw the multifaceted benefits of
the investments that we made. I helped revitalize the decaying,
formerly industrial Brooklyn waterfront where my grandfather
had worked as a cook on a tugboat. Some of you may have
personally enjoyed the result of this initiative, Brooklyn
Bridge Park, which has grown into a major recreational hub, as
well as a national and international tourist draw, contributing
significantly to the vibrancy, the livability, and the economic
health of my hometown and of our Nation.
Of course, ITA not only supports U.S. businesses and
exporters; it plays an essential role in ensuring that our
trading partners are abiding by the rules of the road. My prior
service heading international affairs at the U.S. Securities
and Exchange Commission, a formidable enforcement agency, gives
me a deep-seated appreciation of the importance of ensuring
that other nations comply with our trade agreements and, when
they do not, deploying our robust enforcement tools on behalf
of American workers and businesses.
When competing on a level playing field, U.S. businesses
and workers can successfully innovate and succeed. And their
success bolsters American competitiveness, our economic and
national security, and the lives of the American people.
If I have the honor of being confirmed, I look forward to
being a committed partner to this committee and Congress in
general, as well as a passionate, tireless advocate for the
people of the United States of America. I look forward to any
questions you may have of me.
Thank you.
[The prepared statement of Ms. Lago appears in the
appendix.]
The Chairman. Thank you very much.
And we have Ms. Wang in person. Welcome.
STATEMENT OF LISA W. WANG, NOMINATED TO BE ASSISTANT SECRETARY
FOR ENFORCEMENT AND COMPLIANCE, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE, WASHINGTON, DC
Ms. Wang. Thank you, Chairman Wyden, Ranking Member Crapo,
and members of the committee. I am humbled and honored to be
here today as President Biden's nominee to serve as Assistant
Secretary of Commerce for Enforcement and Compliance. I am
grateful that the administration has entrusted me with this
position, and I am thankful for the support that Secretary
Raimondo and her team have shown me.
I would like to begin by thanking my father, Frank Xiaohang
Wang. He came to the United States in his early thirties
knowing almost no English but believing deeply in the American
Dream. He believed that America is a country where hard work
would lead to success. He believed that America is a place
where fairness matters. It was through his sheer determination
and endless optimism that our family rose from near poverty to
a cozy life in the suburbs of East Greenbush, NY. My father
passed away a few years ago but would have been so delighted to
see me here today, taking pictures and trying to shake your
hands. There will never be a better cheerleader, and I would be
remiss to not acknowledge him here.
I would also like to thank my mother, Tina Congying Wang,
who worked a lifetime of minimum wage jobs to afford me the
opportunity to be before you today. She has lived her life for
her family's health and happiness, and I am proud to have her
watching today. There is a straight line from my parents'
sacrifices to my success, and I remain forever thankful for
their support and guidance.
I also want to thank my husband, Tim Kovacs, and my two
daughters for their encouragement and support. Thank you for
always pushing me to take risks and finding the joy in life.
I came to the United States when I was 5 years old, not
knowing any English but believing deeply in my father's
American Dream. This belief is what led me to a career in
international trade. I believe that the hard work of American
workers and American businesses should not be undercut by
unfair trade practices. I have spent my career representing
U.S. industries seeking a level playing field against unfair
subsidization and dumping. In doing so, I have seen
manufacturers go from the brink of closure to capacity
expansions because of effective trade enforcement. When our
foreign competitors play by the same rules--when trade is
fair--no one can beat the American worker.
As an attorney with the Office of the U.S. Trade
Representative, I defended the United States in WTO cases
seeking to overturn our U.S. CVD laws and to weaken our trade
enforcement objectives. I have led WTO cases against countries
like China to stop their use of industrial policies that target
U.S. and other export markets.
The highlight of my career, however, has to be the many
years that I spent working within Commerce's Enforcement and
Compliance. E&C has a dedicated team of public servants who
work to ensure that our U.S. trade laws are rigorously
enforced. As foreign governments and foreign competitors become
more sophisticated in their use of industrial subsidies and
other unfair trade practices, we must work harder and smarter
to counter these practices.
If confirmed, I look forward to working closely with you to
ensure that our U.S. trade remedy laws are transparently and
vigorously enforced.
Thank you, and I would be happy to answer any questions you
may have.
[The prepared statement of Ms. Wang appears in the
appendix.]
The Chairman. Thank you very much, Ms. Wang. We have some
obligatory questions that we are going to ask of you and your
colleague Ms. Lago now.
I will start with, first, is there anything that you are
aware of in your background that might present a conflict of
interest with the duties of the office to which you have been
nominated?
Ms. Wang. No.
Ms. Lago. No.
The Chairman. Okay. Second, do you know of any reason,
personal or otherwise, that would in any way prevent you from
fully and honorably discharging the responsibilities of the
office to which you have been nominated?
Ms. Wang. No.
Ms. Lago. No.
The Chairman. Third, do you agree without reservation to
respond to any reasonable summons to appear and testify before
any duly constituted committee of the Congress, if you are
confirmed?
Ms. Wang. Yes.
Ms. Lago. Yes.
The Chairman. Finally, do you commit to provide a prompt
response in writing to any questions addressed to you by any
Senator of the committee?
Ms. Lago. Yes.
Ms. Wang. Yes, Mr. Chairman.
The Chairman. Very good.
All right, let's start. And I will begin with some
questions for you, Ms. Lago, on supply chain disruptions.
Obviously, this is an enormously important challenge. I just
spent a week going all over the State of Oregon, virtually
every nook and cranny in the State, and I just heard constantly
about the challenges of increased demand, port congestion,
disrupting so much in the way of movement of everyday consumer
goods.
Now in my home State where growing, making, and shipping
products for export is a priority, we have one out of four jobs
involved around trade. The trade jobs often pay better than do
non-trade jobs. Supply chain disruptions have made it more
difficult to get Oregon blueberries and apples and other
products to markets around the globe.
So, there is much to do. And let me just start with kind of
the first two.
First, the United States needs to make major investments in
U.S. essential manufacturing. This would, for example, include
the FABS Act, the important bipartisan legislation. I want to
thank Senator Crapo. He and I worked very closely on it. But up
and down this dais you will see Democrats and Republicans who
understand how important it is to support domestic
semiconductor manufacturing.
I worked very hard--very hard--to include it in the Build
Back Better package. We are now going to have legislation come
from the House and focus on it in the Senate as well. That is a
special priority of mine.
Second, the United States has also worked with allies to
ensure secure and reliable supply chains for critical supplies.
And here we would be talking about steel and pharmaceutical
ingredients.
And finally, the government needs to crack down on trade
cheating that undermines the ability of our workers to be able
to compete fairly in tough markets.
So, Ms. Lago, you are available online. If confirmed as
Under Secretary of Trade, you are going to oversee much of the
Department of Commerce's response to supply chain disruption.
Tell us how you are going to pull together analysis,
enforcement, and compliance at the International Trade Office
to address these extraordinary challenges we are facing with
the supply chain.
Ms. Lago. Thank you so much, Mr. Chairman, for highlighting
this issue, which is front-of-mind for so many. As you know,
ITA has a number of tools in its toolkit that it can deploy to
help address this issue.
I will note that, while the U.S. has experienced supply
chain disruptions in the past periodically over the years, this
one is different. COVID-19 has shut down the global economy,
and the supply chain disruptions that we are seeing are global
in nature.
We know that the supply chain is controlled by the private
sector, so we need to work with them as they need to cooperate
to get us through this.
Turning specifically to ITA, you mentioned two of the tools
that we have. The first is our Industry and Analysis team,
which can perform extensive market analyses and can focus on
strengthening the competitiveness of U.S. industries.
Similarly, we know that there are suppliers in the world
that operate in anticompetitive ways. And ITA also has within
it a wealth of strong enforcement and compliance units which
we--of course, if confirmed, I would stand ready to deploy in
support of addressing the supply chain concerns.
The Chairman. Let me turn--did you have anything else that
you wanted to add to that, Ms. Lago?
Ms. Lago. No. Thank you.
The Chairman. All right.
Let us turn to digital trade. It seems to me that we are at
something of a fork in the road with respect to digital trade
innovation. And this has been one of my priorities since Day 1
when I came to the United States Senate. And I have had a
chance to sort of pursue a host of issues, whether it is
section 230 Internet tax freedom, digital signatures--the list
kind of goes on and on--to try to nurture opportunities for
high-skill, high-wage jobs and, at the same time, promote the
principles of openness and freedom on the Internet.
And it seems to me now, we still are trying to bring
countries together around those principles of openness and
freedom on the Internet, but there is another road that we have
to deal with where antagonistic nations build walls around
their digital economies that stifle innovation while trampling
the online freedoms of their citizens.
As I indicated, Ms. Lago, this is an area where I have
spent a considerable amount of time both writing legislation
and then, with Senator Crapo and others, trying to advance
these ideas that promote openness and freedom on the Internet
here in this committee.
So we need to have leadership at the office that provides
the opportunity to have a critical economic engine for our
country and also the greatest possible platform for the open
exchange of ideas.
If you are confirmed, Ms. Lago, how would you ensure that
the International Trade Administration hits those twin
challenges--tackling censorship and authoritarian barriers to
digital trade--in a way that promotes democratic values in
labor and human rights, while at the same time creating the
opportunity of the high-skill, high-wage jobs that digital
trade promotes?
Ms. Lago. Thank you, Mr. Chairman. It would be hard to
state the issue, the challenge, more eloquently than you did,
while also highlighting the opportunity that is there in
digital trade.
I am pleased to say that Ambassador Tai has spoken to the
importance of this, and that Secretary Raimondo, while in the
Asia-Pacific, is hosting a forum on Women in Technology with a
particular focus on the digital economy.
If confirmed, I would so look forward to being able to work
with you to tap into the expertise of you and your team and
that of other members of Congress so that I would be able to
take the tools within ITA's toolkit and deploy them across the
interagency, because the issues that you have raised in digital
trade will require the participation of numerous agencies in
government. And I would so look forward to prioritizing this
issue, if I had the honor of being confirmed.
The Chairman. Very good.
Senator Crapo?
Senator Crapo. Thank you, Senator Wyden.
First of all, I want to just mention to both of you that I
strongly support Senator Wyden's reference to our efforts on
semiconductors. We need badly to strengthen and promote our
semiconductor industry in the United States. And I just wanted
to make that note.
Senator Wyden also asked my first question, basically, Ms.
Lago, and I will just pursue it a little bit further, with
regard to digital trade. It is very critical. And in the
context of the conversation you just had with Senator Wyden,
the question I have for you is, I believe that the United
States should negotiate digital trade agreements to assure that
the United States, and not China, sets the rules in this
critical area.
I just returned from a congressional trip to Indochina
where we went to the Philippines, to Taiwan, and to India, and
trade was critical in each of the discussions we had in those
areas. Do you agree that the United States should pursue
digital trade agreements with our allies?
Ms. Lago. Thank you, Ranking Member Crapo, for again
highlighting the importance of digital trade as being so
essential to our economy today, and also the economy of the
future.
I think it is extremely important, as you know, to align
ourselves with countries that share our commitment to
democracy, to rule of law, and to work with them in partnership
so that we end up with high standards, so that we do not cede
this area to countries that engage in trade practices that are
abhorrent to us.
And so, if confirmed, I would so welcome being able to work
with you, this committee, and the interagency to see how we can
best work with our allies and partners globally to achieve
these multiple goals that we have in the digital trade arena.
Senator Crapo. Thank you.
Just one more quick question for you, because I do want to
get on to Ms. Wang before I run out of my time. A China-led
trade agreement, the Regional Comprehensive Economic
Partnership, will enter into force on January 1st. China has
also applied to join the Trans-Pacific Partnership.
I am deeply concerned that China is seeking to supplant the
United States when it comes to setting the rules for trade in
the Indo-Pacific. Do you think the United States needs to
reexamine TPP, including what improvements could be made? That
is to Ms. Lago.
Ms. Lago. Thank you, Ranking Member Crapo, for that
question. I do think it is extremely important that the U.S. be
present in the Asia-Pacific and the Indo-Pacific regions. I am
pleased that, as we are here in this hearing today, Secretary
Raimondo is in the region.
I am pleased that President Biden has announced an Asian
economic dialogue, and that the Secretary, as part of her trip
to the region, has noted that we need to develop an Indo-
Pacific economic framework, one that is going to look to
enhance the resilience, inclusion, and sustainability of our
trading relationships, and the interests of the middle class in
our countries.
And so, I would look forward, if confirmed, to bringing the
tools that ITA has to the table to make sure that we are
engaged and committed partners with our allies in this effort
in this important region.
Senator Crapo. Well, thank you. And I hope that that
engagement and that framework will involve focusing on
bilateral and multilateral trade agreements with critical
allies in the region.
Ms. Wang, the Department of Commerce from time to time
seeks to settle antidumping and countervailing duty cases by
negotiating suspension agreements or other arrangements. These
are international agreements that impose terms and conditions
on trade, and should be thus subject to congressional
oversight.
However, the Department of Commerce's engagement with this
committee on such negotiations has often been spotty. Do you
agree that the Department of Commerce must keep this committee
apprised of efforts to resolve any antidumping or
countervailing duty proceedings through an international
agreement?
Ms. Wang. Senator Crapo, thank you for this question. And I
certainly understand the importance of your role in oversight,
enforcement, and compliance matters. If confirmed, I would
absolutely commit to maintaining open lines of communication
with your offices on these matters. Thank you.
Senator Crapo. Thank you very much. I appreciate that, and
I am also about to run out of time, Senator Wyden.
The Chairman. Thank you, Senator Crapo.
Senator Menendez is next, and I think he is on the web.
[No response.]
The Chairman. All right; we have lots going on today, so we
await our colleagues. And, Senator Crapo, I have one additional
question, and then should we still be waiting--oh, there we go.
You are spared my additional question at this time, Ms. Wang.
Senator Cassidy, when you get settled, we will recognize
you for your time.
Senator Cassidy. Thank you.
Ms. Wang, I am not sure how specific you can be on this.
There are domestic producers that are being harmed by unfair
trade. I represent a State with a lot of fisheries,
particularly shrimp, and there have been allegations of
dumping, from India in particular, as regards my folks.
What can you do to help these producers obtain the relief
they are entitled to under the law?
Ms. Wang. Senator Cassidy, thank you very much for this
question. And, given my background as a trade remedy
practitioner, this is an area I care very deeply about: giving
a voice to American workers and helping small and medium
enterprises like fisheries and seafood to find a voice in
trade.
If confirmed, I would work to ensure that there is rigorous
enforcement of the antidumping and countervailing duty laws
against all unfair trade practices. Thank you.
Senator Cassidy. Now the last administration promised to
self-initiate more antidumping and countervailing duty cases,
but only did so once. So I think my folks would want to hear
that there would be action upon that pledge, knowing that the
previous administration only initiated one antidumping
initiative. Any thoughts on that?
Ms. Wang. Senator, again, thank you for that question.
Antidumping and countervailing duty proceedings are an
important issue, particularly in helping small businesses find
effective trade relief, and I take that seriously. I know that
within the Office of Enforcement and Compliance there already
is a pre-petitioning unit, and a health initiation unit within
Enforcement and Compliance.
If confirmed, I would work with those units to find a way
forward in helping these small businesses and American workers.
Thank you.
Senator Cassidy. I am told that normally only the two
largest foreign producers are reviewed, but I am also told by
stakeholders that the Department rarely uses its authority to
sample a representative group of producers to examine. So, year
after year, the largest foreign producers are resampled, but
there are a whole lot of folks beneath who are maybe exploiting
the system and not being sampled.
So what can you do about that?
Ms. Wang. Senator, thank you for that question. And I would
note that the statute does not provide a preference on choosing
the largest producers and exporters versus a sampling
methodology based on statistically valid methodologies.
Senator Cassidy. So, you are suggesting that Congress needs
to change the law--and I am looking at my chair and my
ranking--so that it is not just dictated to be the same two
every year, but it would be, as you said, a statistically
representative sampling of all the producers sending in?
Ms. Wang. Senator, thank you for allowing me to have a
little bit of follow-up to that. I would note that the workload
of Enforcement and Compliance has increased dramatically in the
past few----
Senator Cassidy. I would argue, though, that a
statistically significant sampling would lower workload because
you are not wasting time on people who know they are going to
be inspected--and so therefore you are wasting your time. You
still get the compliance and have to respond to the complaints,
but you are stuck doing the two that know they are going to be
busted if they are out of line. Otherwise, you have a more
statistically--again, I am speaking to the chair and the
ranking member, so I am hoping from your lips goes to their
ears----
Ms. Wang. Senator Cassidy, I very much appreciate your
question, and I would note that these are very fact-specific
findings and proceedings, and it is not always the two largest
exporters that are chosen in these proceedings.
Commerce has used sampling in previous proceedings, and I
would note that, if confirmed, I would be willing to discuss
with you----
Senator Cassidy. Now let me ask--you can correct me, but I
am also under the impression that sampling has not been for,
okay if 10 percent of that which we sampled falls out of line,
therefore, we are going to extrapolate from that sample to the
entire amount coming from this particular business. Rather, it
has only been sent to reflect that particular amount, for
phytosanitary issues, for example. Is that correct? And if not,
is that an accurate statistically significant way to sample?
Ms. Wang. Senator, I am willing to discuss this further
with you, if confirmed. I am unsure as to the particular
question you just raised about photosanitary measures.
Senator Cassidy. Okay, I yield back. Thank you.
The Chairman. Senator Cassidy, first of all, I think you
have raised a very important issue, this question of sampling
of foreign products sent to the United States. The first
question I think we are going to explore is--and I look forward
to working with the ranking member and my colleague from
Louisiana--does the office have the existing authority to
actually do some of what Senator Cassidy is talking about? And
so, we will have to sort that out. And if they do, then we will
have to see why it is not being used. And then possibly we
should look at legal ways to do it. But I think my colleague
makes a good point, and we will follow it up.
Senator Cassidy. Thank you.
The Chairman. Very good.
Okay; we are joined by Senator Menendez.
Senator Menendez. Thank you, Mr. Chairman.
Ms. Wang, the President, as a candidate, promised that he
would return the jurisdiction of the export licensing of
semiautomatic weapons from the Commerce Department back to the
Department of State, from which the Trump administration took
it. Now of course the President can do this by simple
regulation without the need for legislative approval, but until
that happens, the Department is providing no information to
Congress as to what lethal weapons, including sniper rifles and
assault rifles, are being sold to what countries or foreign
persons, and in what quantities, and under what conditions.
What is the status of the implementation, to your
knowledge, of the President's promise to the American people?
Ms. Wang. Senator, thank you for the question. The mission
of Enforcement and Compliance is to counter unfair trade
practices on the matters you speak of. I know that other
interagencies are working on it, and so I do not have the
particular details to provide you on that.
Senator Menendez. Do you support the President's promise?
Ms. Wang. Senator, thank you for allowing me to have that
follow-up. I know enough to know that there are very complex
issues involved in this. And at this time, I do not think it
would be appropriate for me to comment.
Senator Menendez. Okay; so I did not ask you about the
complex issues. The President made a promise. Do you support--
you are a presidential nominee. Do you support the President's
promise?
Ms. Wang. Senator, if confirmed, I would want to learn more
about this issue----
Senator Menendez. Okay; thank you. Until the President's
promise is implemented, will you commit to provide to the
committee of jurisdiction over arms sales specific information
about what semiautomatic weapon sales are being considered for
export, including the foreign recipient, the number of weapons,
conditions, and end-use monitoring measures, as well as the
exports that have been approved?
Ms. Wang. Senator, again, thank you for this question. I
would----
Senator Menendez. Please do me a favor. Do not thank me for
the question anymore. It only takes time. Can you give me an
answer, yes, or no?
Ms. Wang. Senator, I do not know enough about this issue to
provide a comment either way.
Senator Menendez. Well, you are going to have jurisdiction
in part over this issue, so if you do not know much about it,
that is a problem. Let me just say, I expect you are not the
first nominee in this field who is unwilling to give an answer.
Now I have tried to be supportive of the President's nominees,
but I will not be able to be supportive if I cannot get a clear
answer. So, I hope that Commerce gets the message.
Let me ask you this, on a different matter. One of the main
weaknesses of the Phase One deal with China was that it lacked
any sort of enforcement measures to ensure China held up their
end of the bargain. As a result, as of August China has only
met 62 percent of its purchase commitments under the Phase One
deal.
If confirmed, you would play a significant role in the
enforcement of U.S. trade policy. Do you agree that, without
proper enforcement measures, any deal with China is likely to
be less effective?
Ms. Wang. Senator, I would like to clarify that the mission
of Enforcement and Compliance is to counter unfair trade
practices such as antidumping and countervailing duty. The
objective of Enforcement and Compliance is to find the
existence and magnitude of dumping and subsidization.
On the issues you speak of, of the Phase One deal, I know
that other offices within Commerce and the interagency,
including the U.S. Trade Representative, are working on that
issue now. If confirmed, I would want to learn more about what
role Enforcement and Compliance can have in that process. But I
do want to make clear that the mission of----
Senator Menendez. What do you think your job is going to
be? Maybe you can edify me. What do you think your job is going
to be, if you are confirmed?
Ms. Wang. As I just--Senator, thank you. The primary
responsibility of my position as Assistant Secretary is to
ensure that the trade remedy statutes, antidumping,
countervailing duties, safeguards, suspension agreements, are
rigorously enforced. And, if confirmed----
Senator Menendez. The trade remedies require enforcement,
right?
Ms. Wang. Yes. Yes, Senator.
Senator Menendez. Well, and part of my question is the
enforcement of agreements that we have, including the
enforcement of the agreements we have with China. If there is
no enforcement, then it is insignificant, what we agreed to. Is
that at least something you can agree to?
Ms. Wang. Senator, I also want to make clear here that the
number of antidumping and countervailing duty orders on China
is significant. They counter the effective and targeted
processes that China undertakes to undermine American
businesses and U.S. workers. So, in that matter, Enforcement
and Compliance has rigorously and transparently enforced the
U.S. AD/CVD laws.
Senator Menendez. Let me ask you one last question and see
if you can convince me to vote for your nomination. Will you
commit to ensuring that resolving the softwood lumber dispute
with Canada continues to be a top priority?
Ms. Wang. Senator, I am recused from that matter because of
my representation at my current place of employment.
Senator Menendez. Oh, okay. All right. Well, this has been
very elucidating. Thank you very much.
The Chairman. Thank you, Senator Menendez.
Next will be Senator Thune on the web.
Senator Thune. Thank you, Mr. Chairman.
Ms. Lago, today there are companies facing serious supply
chain crises, with Americans encountering empty store shelves,
long wait times, and rising costs as the holiday season
approaches. And I would say that ag producers in my State are
also feeling the crunch, with capacity for their goods being
hampered by a combination of surging demand for containerized
shipping, and a massive backlog at our Nation's ports,
particularly LA/Long Beach.
This inefficiency has downstream effects on commodity
prices for farmers and ranchers across the country, including
in South Dakota. If confirmed, could you describe what actions
you would take to ensure that U.S. businesses, including
exporters of agricultural products, can rely on efficient and
stable processing at U.S. ports? And I hope it is more than
what is currently being done, because what is currently being
done seems to be doing very little to address what has become a
crisis in our supply chain.
Ms. Lago. Thank you, Senator Thune, for highlighting the
importance of pulling together to address the supply chain
crisis. We know that there are real impacts, as you noted, for
farmers, for ranchers, but also for American consumers. And if
confirmed, I would be proud to be part of the administration
that is working with the private sector, which does control the
supply chain, and using the tools that we have at our disposal.
Again, if confirmed, I would look to be part of an
interagency group that so far has effectively had the important
ports extend their hours of operation, that has worked with the
major shipping companies, with the major retailers. I think a
key facet that, if confirmed, IGA could bring to the table is
our Industry and Analysis team, which can help analyze supply
chain vulnerabilities. And I would see that analysis as being
part of an overall solution.
But again, I believe it bears repeating that the supply
chain is run by the private sector. And we need to continue to
urge them to come together and cooperate on sharing
information.
Senator Thune. And it is run, in many respects, by the
private sector. There are also port authorities which are run
by cities, et cetera, that are involved as well. But a lot of
the things that can be done by the Federal Government, the
levers that we control, have to do with the regulatory
requirements, and allowing, for example, independent truckers
to come in, which would entail taking on the Teamsters
organization, and also lightening up on hours of service, other
things that can be done and should be done by the
administration and can be done here at the Federal level in
Washington. Those are levers and tools that can be used, and I
hope that you would put pressure on the administration to do
such things. Because absent taking those sorts of actions, I
think we are going to continue in this swirl of people talking
about it and focusing on it, but nothing actually being done to
address it.
Ms. Wang, in your written testimony you state that American
workers and American businesses should not be undercut by
unfair trade practices. You also state that, as foreign
governments and foreign competitors become more sophisticated
in their use of industrial subsidies and other unfair trade
practices, we must work smarter and harder to counter these
practices.
Do you believe that China declaring itself as a developing
country at the WTO undercuts American businesses and corrodes
trust in the rules-based trading system?
Ms. Wang. Senator, thank you for that question. In terms of
trade, China is a threat. They take aggressive anticompetitive
measures against U.S. businesses that harm American workers,
like flooding our markets with cheap steel and aluminum.
If confirmed, I would use the full force of the AD/CVD laws
to counter these distorted practices. Thank you.
Senator Thune. I have a bipartisan resolution to address
China's ``developing country'' status at WTO, and I would
encourage the administration to take on this issue.
Finally, Ms. Lago, you talk about the importance of our
Nation remaining a global leader on trade, especially in the
post-pandemic world. As you know, Trade Promotion Authority
expired in July, and it needs to be renewed. The administration
has not made TPA a priority, and it is now beginning to chill
progress on new trade deals such as the U.S.-UK DSA, or Digital
Services Agreement, and with Asia-Pacific countries.
In order to remain a global leader on trade, how important
is it that the United States proactively engage in trade
agreements? And what is going to happen if the U.S. sits on the
sidelines? And tell me what you are going to do to get the
administration to submit a new Trade Promotion Authority
proposal for Congress to consider?
Ms. Lago. Thank you, Senator, and thank you for
highlighting the importance of the U.S. continuing to be a
leader globally. As you note, it is especially important in the
Indo-Pacific region to counter the threats that Ms. Wang
eloquently and forcefully laid out.
I do think that it is important to have the type of
engagement in this region that the President called for in
calling for an Asian economic dialogue. It is important to
have--and if confirmed, I will work on--the Indo-Pacific
economic framework that Secretary Raimondo announced yesterday.
It is only by engaging with allies and partners in the region
that we can most effectively assure that we have high-quality,
high-standard trade based on the rule of law.
Senator Thune. Thank you, Mr. Chairman. I would focus like
a laser on that region, and I think it is important for us to
have Trade Promotion Authority so we can get deals done quicker
and more efficiently in this competitive global marketplace.
Thank you.
The Chairman. Thank you, Senator Thune.
I think Senator Carper is on the web.
Senator Carper. He is on the web, and he is ready to join
in the proceedings.
The Chairman. Please proceed, Senator Carper.
Senator Carper. Thank you, Mr. Chairman.
To our witnesses, I would say to Ms. Wang----
[Garbled speech.]
Ms. Wang. I am so sorry. I could not hear that question. I
apologize very much.
Senator Carper. I mispronounced your name as well. It is
pronounced ``Wong''?
Ms. Wang. Oh, yes, it is. Thank you.
Senator Carper. It is spelled ``Wang,'' but that would be
the ``wong'' way to pronounce it, so we will call you ``Wong''
for today's purposes. Thank you for joining us.
And, Ms. Lago, I understand your dad was a World War II
veteran. Navy, is that right?
Ms. Lago. Proudly Navy.
Senator Carper. My dad was World War II veteran, Navy. A
bunch of my uncles were as well, and one was killed in a
kamikaze attack. We bleed Navy blue in our family. So we thank
you for your dad's service.
Years later when I served as Governor of Delaware--I was
Governor from 1993 to 2001--I was privileged to oversee a
period of strong job growth, and I have been told that more
jobs were created in that 8-year period than were created in
the history of the State of Delaware. And I would note that I
did not create one of them, but we worked really hard in my
administration with the legislature and the business community
and others to create a nurturing environment for job creation
and job preservation.
Unfortunately, if we fast-forward to the past
administration, our international trade policy was
characterized--too often--by chaos and by uncertainty, which is
really the opposite of what we need.
My question is for both Ms. Lago and Ms. Wang. If
confirmed, both of you will be in positions of implementing and
enforcing our trade policies. How will you help foster greater
certainty and greater predictability in our international trade
system for the benefit of American businesses and workers?
Ms. Lago, you can go first, please.
Ms. Lago. Thank you, Senator. At the heart of this is
engagement and communication--engagement with our allies and
partners, and open communication with the various stakeholders.
We know that we have a wide variety of stakeholders, some with
differing perspectives, but the important thing is to hear from
our industries; to hear from our businesses, our farmers, our
ranchers; to hear from our workers; and to hear from Congress.
And so I cannot over-emphasize the importance of keeping open
lines of communication.
The second thing that I would emphasize is the importance
of working in the interagency. We know that trade is a
multifaceted arena, and there are other agencies within the
U.S. Government that are an important part of the trade
equation.
Senator Carper. That is a great point.
Ms. Wang, the same question, please.
Ms. Wang. Thank you, Senator. Accountability is the answer
here. Trade remedies ensure that countries are held accountable
for their unfair trade practices. And the AD/CVD process gives
the American workers a voice in trade, and ensures that the
unfair trade practices that harm them are being properly
addressed. Thank you.
Senator Carper. Thank you, ma'am.
A second question--and this will be for Ms. Lago. Ms. Lago,
I am impressed, and my colleagues are as well, with respect to
your depth of experience in public service. One of the most
valuable skills in almost any management role is the ability to
bring different stakeholders to the table and find common
ground.
If confirmed, one of your responsibilities would include
collaborating with some of the other agencies whose
responsibilities include trade. But for the purposes of
strengthening American competitiveness, here is my question.
Can you share some insights into your approach to collaborative
work and how your previous success in finding common ground
would shape your service, if confirmed in this position?
Ms. Lago. Thank you for that question, Senator. You are so
right that in confronting any complex issue--even with as many
tools as ITA has at its disposal--it will not be nearly as
effective if it does not reach out. And that outreach has to be
across the Department of Commerce, and across the interagency.
This is something that is so familiar to me from my role at
Treasury, the 7 years that I spent as Assistant Secretary for
International Markets and Development.
As important as collaboration is when operating
domestically, I think that it is maybe even more important
internationally, because we need to be Team USA with respect to
the rest of the world.
And I would like to highlight one of the factors of
collaboration, and that is working with the expert career staff
at the Department of Commerce. There is so much expertise
lodged there, and if confirmed, I would so look forward to
learning from them, working with them, and then collaborating
in the way that I just described.
Senator Carper. Great comments. Thank you both for your
willingness to serve, and thank you for your the testimony here
today. Good luck.
The Chairman. Thank you, Senator Carper.
Senator Whitehouse?
Senator Whitehouse. Thanks, Mr. Chairman. Good morning to
both of you.
My first question is for Ms. Lago, and it has to do with
the carbon efficiency advantage that the U.S. enjoys over
China. I am looking at a table here based on data from the
International Energy Agency, which shows the carbon efficiency
advantage index between the U.S. and China at 3.2 in our favor.
And with a carbon advantage like that, Ms. Lago, what would
you expect if we were able to deploy a border adjustment for
carbon emissions with China? Presumably that would confer
pretty significant advantage on American trade exports and
manufacturing, if in fact we are about a third as carbon-
intense as China.
Ms. Lago. Thank you, Senator, for raising an issue that
touches upon a number of different facets. One is highlighting
the fact that, among China's anticompetitive and distorting
practices is the fact that many of their industries operate not
in accordance with the environmental standards that our country
prides itself on. Second, in highlighting our carbon advantage,
it says that there are opportunities for U.S. businesses to
take advantage of the technological edge that we have here to
create new markets and thus new jobs for Americans.
With respect to the border adjustment tax, were I to have
the honor of being confirmed, I would look forward to learning
from you and your staff, and from the experts at the Commerce
Department, more about this so that I could then have an
informed discussion with you.
Senator Whitehouse. But as a basic proposition, if China is
now getting away with essentially free pollution at a ratio of
3 to 1 compared to American competitors, that gives them an
unfair advantage against their American competitors, does it
not?
Ms. Lago. Thank you, Senator. The importance of holding
China to its international obligations cannot be overstated.
And again, if confirmed, I would look forward to learning more
about this border adjustment.
Senator Whitehouse. So, last question to Ms. Wang and also
to Ms. Lago, if there is time. Pirate fishing, illegal fishing,
IUU fishing it is often called, amounts to about a third of the
fish taken out of the ocean. It is a pretty big deal. China is
very involved in predatory fishing practices, outraging many
neighboring countries with their practices in their sovereign
waters.
The result is intense damage to our oceans, a common
resource for the world, and also intense damage to U.S. fishing
interests that have to compete against these unfair, cheating
pirates. And yet that does not seem to get much attention in
our trade conversations. Can you express to me what your level
of interest and engagement will be to suppress IUU fishing, if
you are confirmed to your positions? First, Ms. Wang.
Ms. Wang. Senator, thank you for the question. The issue of
pirate fishing, including the use of forced labor in that, is
an important issue, and one I would note that Commerce's
Enforcement and Compliance Office of Policy and Negotiations
has been working on with the interagency, including the U.S.
Trade Representative, in the fishery negotiations. And if
confirmed, I would look forward to learning more about this
with the interagency and seeing what E&C's role can be in it.
Senator Whitehouse. Ms. Lago?
Ms. Lago. Thank you, Senator. I would echo Ms. Wang's
comments, and would also note that, if confirmed, I would also
look to Commerce's Industry and Analysis Unit, ITA's Industry
and Analysis Unit, to see how their skills, their tools, can be
deployed to address this issue.
Senator Whitehouse. Thanks. To anybody listening, your
SHERPAs and all, I would suggest that we need to do a much
better job at getting ahead of this. And for those of us who
are from coastal States that have fishing communities, we are
getting increasingly fed up with the low priority that pirate
fishing receives from administration after administration.
Thank you.
The Chairman. I am going to recognize Senator Cortez Masto,
but I just want to say, if anything, Senator Whitehouse is
being far too diplomatic. The stall ball that has been played
for years and years on this fishing issue as China pillages--
pillages--our fisheries and damages coastal communities, is
unconscionable. It is inexcusable. And I will be watching very
closely the activities that are coming up in terms of
negotiations. And if progress is not made, we are going to
pursue legislation to up the ante and ensure that we finally
can end the absurd practice of just sort of standing around and
letting China pillage our fisheries.
I thank my colleague from Rhode Island for raising it----
Senator Whitehouse. Thank you, Mr. Chairman.
The Chairman. And he has been more diplomatic than I am
prepared to be after all of these years of going around the
mulberry bush and nothing happening.
My friend from Nevada has been kind enough to say that
after her questions, she will wrap up and handle the questions
for the record. She is a very valued member of the committee,
and I so appreciate her help.
Senator Cortez Masto [presiding]. Thank you, Mr. Chairman.
To the nominees, congratulations, and welcome today.
Let me start with something that, obviously, we are all
hearing about and is of concern. I know the administration is
working on implementing solutions, but the delay at airports is
a complex issue with many contributing factors that continues
to frustrate consumers and businesses in my home State.
So, to Ms. Wang and Ms. Lago, if confirmed to your
respective new roles at Commerce, how would you, if at all, be
able to provide immediate relief or work on this issue as it
pertains to the delays at airports? And, Ms. Wang, let me start
with you.
Ms. Wang. Senator, thank you for that question. If the
pandemic has shown us anything, it is the importance of the
domestic supply chain's resiliency. And the role of Enforcement
and Compliance is to counter unfair trade practices that
undermine this growth and this resiliency.
So, if confirmed, I would work to ensure that any unfair
trade practices that undermine resiliency in U.S. job growth by
unfair trade practices are counter-resisted by the AD/CVD law.
Thank you.
Senator Cortez Masto. Thank you.
Ms. Lago?
Ms. Lago. Thank you, Senator. This is a global issue, and
so, if confirmed, I would look forward to working with allies
and partners who are also experiencing these types of
disruptions which affect all citizens.
Part of the solution is investing in American
infrastructure and workers. And so, passage of the
infrastructure bill is part of the longer-term solution. We
also need companies, the private sector--which controls the
supply chain--to provide more transparency about where the
bottlenecks are, how long they believe it will take to address
them.
If confirmed, I will look forward to deploying ITA's tools,
the Enforcement and Compliance tools that Ms. Wang has just
spoken to, but also ITA's Industry and Analysis team, which can
help analyze the supply chain vulnerabilities.
Senator Cortez Masto. Thank you. I appreciate your comments
on this important issue. And that is one of the reasons why I
joined Senators Baldwin, Brown, Rosen, and others in the
introduction of the Supply Chain Resiliency Act. This will help
to alleviate our current supply chain bottlenecks and prevent
future disruptions by investing in American companies, reducing
our reliance on foreign supply chains, and ensuring that
critical products are made in America. And I am hopeful that
the Commerce Department will be supportive of this legislation.
Ms. Wang, let me go back to you. As Assistant Secretary of
Commerce, you will be responsible for the enforcement and
compliance of trade laws. I noticed in your background you have
extensive knowledge of U.S. antidumping and countervailing duty
laws.
How will you ensure compliance with trade laws when goods
are imported and exported? And can you talk a little bit about
your thoughts on that, based on your experience as well?
Ms. Wang. Senator, thank you for the question and allowing
me to speak to my experience as a trade practitioner. I know
that the American worker and American businesses, including
small and medium-sized enterprises, having a voice in that
process is important to making sure that unfair trade practices
are being properly addressed by the AD/CVD laws.
I think, if confirmed, I would work to ensure that we are
using all of the tools in our trade remedy toolbox to go after
unfair trade practices, to make sure that the resiliency of
U.S. businesses and American workers is not being hurt by these
practices. And so I just look forward to getting confirmed.
Thank you.
Senator Cortez Masto. Thank you.
And, Ms. Lago, you spent 7 years at Treasury as Assistant
Secretary for International Markets and Development--again,
extensive experience that will benefit you, if confirmed to
this position. Can you share how that experience informs your
perspective and prepares you to serve as the Under Secretary of
Commerce for International Trade?
Ms. Lago. Thank you for the question, Senator.
My time at Treasury exposed me to the international
economic architecture. It exposed me to my counterparts, which
included not just other finance ministries, but also trade and
industry ministries. And it showed me the importance of working
across the U.S. Government, of working with members of
Congress, and then also of working with allies and partners
globally, both bilaterally and multilaterally. And if
confirmed, I would look forward to bringing that experience
with me to ITA.
Senator Cortez Masto. Thank you. Thank you both again.
Congratulations, and we appreciate you being here as well.
I understand we have Senator Lankford joining us on the
web. Senator?
Senator Lankford. Thank you. Thanks for that introduction.
Ms. Lago, I want to be able to clarify some questions with
you on this. If confirmed, you will be handling the nonmarket
economies list. Obviously, that is exceptionally important to
us in our competitiveness. I have pushed to be able to have
Russia considered to be on that nonmarket economies list. I
would be interested to be able to get your feedback on that, or
your willingness to be able to at least study that issue.
Ms. Lago. Thank you, Senator, for raising the issue of
Russia being added to nonmarket status. NME is an important
distinction for purposes of antidumping duties and how they are
calculated, as you know, Senator.
It is a highly fact-specific and technical determination
that is based on multiple factors that are laid out. If
confirmed, I would look forward to working with Commerce's
expert career staff to look at the factors that are there, and
any time that the issue of NME comes up, to look at the factors
and also, given your interest, Senator, to seek your input on
this.
Senator Lankford. I will look forward to that dialogue.
As you know, Belarus had asked to be taken off of that
nonmarket economies list in the past. The Trump administration
had said ``no'' to that. About 70 percent of the economy is
state-
operated, and currently Lukashenko from Belarus and Putin,
their cooperation seems to be accelerating that issue of
nonmarket economies. Would you maintain Belarus as a nonmarket
economy at this point?
Ms. Wang. Senator----
Ms. Lago. Senator----
Senator Lankford. That is for Ms. Lago.
Ms. Lago. Thank you, Senator. If confirmed, I would commit
to looking into the issue. At this point, not being within the
Commerce Department, I do not have access to information other
than what we see publicly, the distressing situation with
Belarus.
Senator Lankford. We will follow up on that in the days
ahead.
One of the areas you have dealt with in the past is the
CFIUS review. One of the proposals that I have had is for a
mandatory CFIUS review on areas like agricultural investments,
technology investments, and others for entities that are coming
out of a nonmarket economy. We have seen it recently in
stories, in just the last 48 hours, on China placing companies
in Italy, for instance, and being able to pick up a Chinese
company. But as they traced it back, they were producing
technology in Italy, and they found out it was actually a
Chinese Government-owned entity, a state-owned company. In
Communist China, it is going to be very, very common, actually.
So my question is, for nonmarket economies, would you
support a mandatory review for entities within a nonmarket
economy purchasing into the United States for agriculture,
technology, or other areas?
Ms. Lago. Thank you for raising the importance of CFIUS as
a national security tool. And I followed with interest
Congress's adoption of FIRRMA, which I think made very
beneficial changes to the authorities that CFIUS has been
given.
One of the important tools within FIRRMA was the focus on
working with allies to unveil investment review, I think for
many of the reasons that your example brings to the fore. And
so certainly, if confirmed, I would welcome learning more about
your legislation.
Senator Lankford. Okay. Let's talk about that in the
future, then, to be able to maintain that, because an NME
review, a CFIUS review for these nonmarket economies, I think
will be very important for a lot of the investment that is
happening now in so-called ``private'' companies that are
clearly state-owned by countries. And that initial piece of
that, I think, will be important.
One last piece on this, and that is the issue about human
rights abuses. I offered an amendment when I came to this
committee--it was actually voted down by every Democrat on the
committee--on trying to exclude Uyghur-developed solar panels
and such that would come in, because of the human rights abuses
for the Uyghurs at this point.
Interestingly enough, just a couple of weeks ago in the
Build Back Better bill in the House, they actually took out the
section that would prevent Uyghur forced labor products from
coming into the United States. And then John Kerry, just last
week, made a statement that keeping out Uyghur-made solar
panels and all that happens there is not in his lane.
I am trying to figure out whose lane it is in, and what
your role would be, Ms. Lago, in trying to prevent the products
that are coming into the United States that are done with
forced labor.
Ms. Lago. Senator, like you, I abhor the forced labor and
the human rights' abuses that the Chinese Government is
inflicting, particularly on the Uyghurs. And if confirmed, I
would look forward to working with you, with this committee,
and also with the interagency on this topic of forced labor.
It is a topic that requires many different government
agencies to pull together, but I want to state for me, being as
clear as possible, that China's treatment of the Uyghurs is
unacceptable.
Senator Lankford. And you would say that is in your lane to
help prevent that coming into the United States?
Ms. Lago. If confirmed, I would welcome being part of the
solution to the issue of forced labor in China.
Senator Lankford. All right; thank you.
Senator Cortez Masto. Thank you, Senator Lankford.
Senator Brown?
Senator Brown. Thank you, Madam Chair, Senator Cortez
Masto.
Congratulations to both of you on your nominations. For the
first time in memory--and I include the administrations of both
parties--we finally have an administration that puts workers at
the center of our trade policy.
I was very unhappy with the Trump trade policy. It sounded
good, but it was more corporate trade agreements until we fixed
USMCA, and I thank Senator Cortez Masto for her work on that,
and particularly Chairman Wyden for his work. But the former
administration--the former Obama-Biden administration--was
essentially long on trade. And later today, Ms. Lago--and we
were having an individual one-on-one conversation--I will ask
you some more pointed questions than that discussion.
I see important progress on the trade agreement negotiation
front, but we need more aggressive changes in enforcement. I am
very comfortable with U.S. Trade Rep Tai and the administration
she is putting together, in large part because of her history
of putting workers at the center of our trade policy and our
economic policy. I am less comfortable with Commerce and want
to hear more from both of you, especially when we talk later,
Ms. Lago, of Obama administration policy and how that may color
the Commerce Department.
So I hear from businesses across Ohio encountering issues
with dumping of Chinese-sourced products into the U.S. market.
We know that China has historically used every tool at its
disposal to get around our trade laws. I agree, certainly, with
my Oklahoma colleague about his comments about the Uyghurs, but
I also hear those comments from Senators who essentially kowtow
to China and have given American corporations what they wanted
in our trade policy with China. Now we focus on human rights as
we should, but we also have to focus on enforcement.
I introduced my bipartisan bill with my Ohio colleague, and
with Senators Rubio and Casey, Level the Playing Field 2.0, to
update our trade remedy laws for better enforcement. China has
a playbook. We know they build up their overcapacity of a
specific product. They target American businesses for illegal
dumping. They have done this for steel and iron. They make it
so that small businesses cannot compete. They are doing it now
in the solar sector.
We have the biggest solar manufacturer in the country near
Toledo. I know what they are up against, and they are about to
do this, the Chinese are, for materials that are sensitive for
our national security.
So, Ms. Wang, I would like to thank you for being here;
and, Ms. Lago, thank you for doing this remotely.
Ms. Wang, I have a series of ``yes'' or ``no'' questions
for you on the tools that we have to address illegal dumping
and AD/CVD circumvention. So, my series of questions.
Do you believe a union company in Lima, OH should have to
lay off hundreds of workers before our government can respond
to the dumping activity in our manufacturing industry?
Ms. Wang. Senator Brown, thank you for the question. I want
to assure you that the voices of union members and American
workers are absolutely heard in the AD/CVD process.
Senator Brown. That was not my question though, but thank
you for that. Glad to hear that.
Do you believe a union company in Lima should have to lay
off hundreds of workers before the government can respond to
the dumping activity?
Ms. Wang. Senator, I do not believe that there should be
layoffs of American workers due to unfair trade practices of
countries like China.
Senator Brown. Do you believe a company in Youngstown that
has already demonstrated financial harm from illegal dumping
should have to wait 14 months--14 months--for duties to be
applied against the product that is harming their companies?
Ms. Wang. Senator Brown, there are statutory deadlines and
requirements that are necessary of Enforcement and Compliance.
But if confirmed, I certainly would work to find efficiencies
in that process.
Senator Brown. The harm had already been shown, okay?
Do you believe a small business in my hometown of Mansfield
should have to spend $3 million minimum to bring one of these
issues before the ITC and the Department of Commerce?
Ms. Wang. Senator, I believe strongly that we should find
ways to reach out to American workers, and small and medium-
sized enterprises, so that they can obtain effective relief
under the AD/CVD laws.
Senator Brown. In a case where duties are finally applied,
but that same product starts appearing from a completely
different country, understanding what is probably happening, do
you believe a company in Defiance, OH should have to restart
the entire process with a brand new petition?
Ms. Wang. Senator Brown, there are remedies under the anti-
circumvention laws that do not require industries to file a new
AD/CVD petition. If confirmed, I would like to work on those
issues with you.
Senator Brown. And do you believe--last question--do you
believe a company in Springfield, OH, developing sensitive
national security products, that already discloses itself to
the Department of Commerce, should have to disclose itself to
the public and face retaliation from China during the petition
process?
Ms. Wang. Senator, I believe these are highly fact-specific
questions, and particularly those involving proprietary
information. And if confirmed, I would want to learn more about
that particular fact-specific proceeding.
Senator Brown. I thought your answers were responsive. They
were not exactly ``yes'' or ``no.'' I understand why, but once
you are confirmed, I assume they will be. I vote for almost
every Biden nominee. I am more, if not reluctant, certainly
skeptical on trade issues, because I have seen over the course
of Democratic and Republican Presidents a bias towards U.S.
corporate interests that shut down production in this country
and move overseas to sell their products back into this
country. And the President of the Federal Reserve in Richmond
once told me, ``Watch what I do, and let me know you are
watching.''
So, thank you for your willingness to serve, both of you.
And, Ms. Wang, sorry. When you show up in person, you get more
questions, but Ms. Lago, remotely, comes to my office later
today. So, thank you both.
Senator Cortez Masto. Thank you, Senator Brown.
Okay, we are going to wrap up the hearing. I would like to
thank all the members today for their participation. I would
especially like to thank both nominees for their responses this
morning.
Regarding questions for the record, the deadline for
members to submit QFRs will be next Tuesday, November 23rd, at
5 p.m. That 5 p.m. deadline is firm.
So, we would like to thank everyone again for their
cooperation, and this hearing is adjourned. Thank you.
[Whereupon, at 11:49 a.m., the hearing was concluded.]
A P P E N D I X
Additional Material Submitted for the Record
----------
Prepared Statement of Hon. Mike Crapo,
a U.S. Senator From Idaho
Thank you, Senator Wyden.
Welcome, Ms. Lago and Ms. Wang; and congratulations on your
nominations. If confirmed, the nominees before us will have key roles
in overseeing and operating the Department of Commerce's International
Trade Administration--or ITA. ITA plays an important role in promoting
market access and redressing unfair trade practices. Both functions are
critical to American prosperity.
For example, Hamilton Manufacturing in Twin Falls, ID successfully
utilized ITA's export promotion services to locate new partners in
Chile. There are many other companies in Idaho and across the country
that can benefit from such assistance.
Ms. Lago, I look forward to hearing your views today on how ITA can
expand export opportunities for America's farmers, businesses, and
workers. In terms of unfair trade practices, our industries have to be
able to compete on a level playing field, including by having recourse
to relief under our antidumping and countervailing laws when
appropriate.
This is particularly important right now when China is spending
record sums on industrial subsidies. Ms. Wang, I hope you will share
your insights on how ITA can administer the trade remedy laws
effectively.
I remind both nominees that ITA's success in its mission is
contingent on a strong partnership with Congress. This is true not just
because Congress has authority over trade policy under our
Constitution, but because members are in the best position to
understand the needs of our constituents. I hope the nominees today
will confirm that they would closely consult with this committee if
confirmed.
I look forward to hearing the nominees' testimony and their
responses to questions.
______
Prepared Statement of Hon. Maria Louise Lago, Nominated to be Under
Secretary for International Trade, Department of Commerce
Chairman Wyden, Ranking Member Crapo, members of the Senate Finance
Committee, thank you for welcoming me here, and for allowing me to
testify virtually. It is a tremendous privilege to be considered by
this committee as the nominee for Under Secretary for International
Trade at the Department of Commerce. Considering the achievements of
those who have served in this position in prior administrations, it is
humbling to be before you today. It is increasingly important that our
Nation remain the global leader on trade, especially as we look to a
post-pandemic world. If confirmed, I will treat the role of leading the
International Trade Administration with the significance that it
deserves.
Before I discuss my priorities, I would like to take a brief moment
to recognize three major influences in my life:
My partner of 47 years, my beloved architect husband, Ronald
Finiw. Ron is the son of Ukrainian parents who our country welcomed as
displaced persons following World War II. Ron and I met at Cooper
Union, which provided each of us with a tuition-free education for
which we are eternally grateful. I am also grateful to Congress for the
Work-Study Program, which allowed me to earn the funds I needed to
support myself while in college.
My mother, Maria Pita, a Spanish immigrant and proud American,
who raised me bilingually and who passed along her rock-solid ethical
core.
And my late father, Louis Lago, child of Spanish immigrants
and a World War II Navy veteran.
My parents instilled in me a lifelong hunger for learning, bursting
with pride when I became my family's first college graduate. My
father's career as a 30-plus-year civilian employee of the Department
of Defense set a powerful example for his children. My brother Paul
Lago has spent his entire career as a Federal civil servant at the
Department of Defense. And my Dad's lessons have shaped my career in
Federal, State, and municipal government, a career that has focused on
the importance of supporting jobs for the American people--stable,
well-paying jobs that support families.
Throughout my time in government, I have seen firsthand the power
of trade and investment to improve lives. During my 7 years as Treasury
Assistant Secretary for International Markets and Development, I worked
with the World Bank and its regional counterparts to increase women's
access to capital, allowing them to build businesses and support both
their families and their communities. I came to see firsthand that,
over the longer term, these investments create export opportunities for
U.S. businesses of all sizes, which in turn create more jobs for U.S.
workers.
Similarly, when I was President and CEO of New York State's
economic development arm, I saw the multifaceted benefits of the
investments that we made. I helped revitalize the decaying, formerly
industrial Brooklyn waterfront where my grandfather had worked as a
cook on a tugboat. Some of you may have personally enjoyed the result
of this initiative, Brooklyn Bridge Park, which has grown into a major
recreational hub, as well as a national and international tourist
draw--contributing significantly to the vibrancy, livability, and
economic health of my hometown and our Nation.
Of course, ITA not only supports U.S. businesses and exporters, it
plays an essential role in ensuring that our trading partners are
abiding by the rules of the road. My prior service heading
international affairs at the U.S. Securities and Exchange Commission, a
formidable enforcement agency, gives me a deep-seated appreciation of
the importance of ensuring that other nations comply with our trade
agreements and, when they do not, deploying our robust enforcement
tools on behalf of American businesses and American workers.
When competing on a level playing field, U.S. businesses and the
workers that they employ can successfully innovate and succeed. And
their success bolsters American competitiveness, economic and national
security, and the lives of the American people.
If I have the honor of being confirmed, I look forward to being a
committed partner to this committee, and Congress more generally, as
well as a passionate, tireless advocate for the people of the United
States of America.
I look forward to any questions you may have for me.
______
SENATE FINANCE COMMITTEE
STATEMENT OF INFORMATION REQUESTED
OF NOMINEE
A. BIOGRAPHICAL INFORMATION
1. Name (include any former names used): Lago, Maria Louise (AKA
Lago, Marisa).
2. Position to which nominated: Under Secretary for International
Trade, Department of Commerce.
3. Date of nomination: September 13, 2021.
4. Address (list current residence, office, and mailing addresses):
5. Date and place of birth: December 4, 1955; Brooklyn, NY.
6. Marital status (include maiden name of wife or husband's name):
7. Names and ages of children:
8. Education (list all secondary and higher education institutions,
dates attended, degree received, and date degree granted):
Educational Date of
Institution Dates attended Degree received degree
Harvard Law School September 1979-May J.D. cum laude May 1982
1982
Brown University September 1977- none n/a
(Graduate School; December 1977
Applied Math
Department)
The Cooper Union September 1973-May B.S. Physics May 1977
1977
9. Employment record (list all jobs held since college, including the
title or description of job, name of employer, location of work, and
dates of employment for each job):
Title: Director, NYC Department of City Planning; Chair, NYC
City Planning Commission.
Employer: NYC Department of City Planning.
Location: 120 Broadway, 31st Floor, New York, NY 10271.
Dates: 3/2017-9/2021.
Note: The two positions were held simultaneously.
Title: Assistant Secretary for International Markets and
Development.
Employer: United States Department of the Treasury.
Location: 1500 Pennsylvania Avenue, NW, Washington, DC 20220.
Dates: 2/2010-1/2017.
Title: President and CEO (9/2008-6/2009); Advisor (7/2009-2/
2010).
Employer: Empire State Development Corporation (ESDC).
Location: 633 Third Avenue, New York, NY 10017.
Dates: 9/08-2/10.
Title: Commissioner.
Employer: New York State Department of Economic Development.
Location: 633 Third Avenue, New York, NY 10017.
Dates: 9/2008-6/2009.
Note: Position was held simultaneously with my position as
President and CEO of ESDC.
Title: Global Head of Compliance.
Employer: Citi Markets and Banking (Citigroup, Inc.; Citigroup
Global Markets, Inc.).
Location: 388 Greenwich Street, New York, NY 10013.
Dates: 4/2003-9/2008.
Title: Director of Global Workforce Development.
Employer: Citigroup, Inc.
Location: 390 Park Avenue, New York, NY 10022.
Dates: 8/2001-3/2003.
Title: Director, Office of International Affairs.
Employer: U.S. Securities and Exchange Commission.
Location: 100 F Street, NE, Washington, DC 20549.
Dates: 2/1997-7/2001.
Title: Chief Economic Development Officer; Director, Boston
Redevelopment Authority.
Employer: City of Boston.
Location: One City Hall Square, Boston, MA 02201.
Dates: 2/1994-1/1997.
Note: The two positions were held simultaneously.
Title: General Counsel.
Employer: New York City Economic Development Corporation (NYC
EDC).
Location: 110 William Street, New York, NY 10038.
Dates: 9/1990-2/1994.
Title: Senior Vice President for Legal Affairs.
Employer: New York City Industrial Development Agency.
Location: 110 William Street, New York, NY 10038.
Dates: 1991 (estimate)-2/1994.
Note: Position was held simultaneously with my position as
General Counsel of NYC EDC.
Title: Junior Partner; Associate.
Employer: Nutter, McClennen and Fish.
Location: World Trade Center West, 155 Seaport Boulevard,
Boston, MA 02210.
Dates: 2/1986-8/1990 (Junior Partner, 1/1988-8/1990; Associate,
2/1986-12/1987).
Title: Special Assistant to the Chairman.
Employer: New York City Department of City Planning.
Location: 22 Reade Street, New York, NY 10007.
Dates: 10/1983-12/1985.
Title: Law Clerk to the Honorable Hugh Bownes (deceased).
Employer: U.S. Court of Appeals for the First Circuit.
Location: James C. Cleveland Federal Building, 55 Pleasant
Street, Concord, NH 03301.
Dates: 9/1982-8/1983.
Title: Summer Associate.
Employer: Berle Butzel Kass and Case.
Location: Firm no longer exists.
Dates: 06/1982-07/1982 (estimate).
Title: Summer Associate,
Employer: Cleary Gottlieb Steen and Hamilton,
Location: One Liberty Plaza, New York, NY 10006.
Dates: 6/1981-8/1981 (estimate).
Title: Research Assistant.
Employer: Harvard Law School Professor Lance Liebman.
Location: 1585 Massachusetts Avenue, Cambridge, MA 02138.
Dates: 5/1980-8/1980 (estimate).
Title: Actuarial Assistant.
Employer: William M. Mercer.
Location: 99 High Street, Boston, MA 02110.
Dates: 2/1978-8/1979 (estimate).
10. Government experience (list any current and former advisory,
consultative, honorary, or other part-time service or positions with
Federal, State, or local governments held since college, including
dates, other than those listed above):
Member, Massachusetts Housing Partnership.
Member, Clerk, Vice-Chairperson of Scituate (Massachusetts)
Planning Board.
Member, Scituate (Massachusetts) Housing Partnership.
Member, Scituate (Massachusetts) Fair Housing Committee.
11. Business relationships (list all current and former positions held
as an officer, director, trustee, partner (e.g., limited partner, non-
voting, etc.), proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, other business enterprise, or
educational or other institution):
------------------------------------------------------------------------
Organization Office held (if any) Dates
------------------------------------------------------------------------
United Nations Member, Board of 3/2017 (estimate)-9/
Development Corporation Directors ex officio 2021
(as a result of my
position as Chair of
the NYC City Planning
Commission)
------------------------------------------------------------------------
Theatre Subdistrict Member, Board of 3/2017 (estimate)-9/
Council Directors ex officio 2021
(as a result of my
position as Director of
the NYC Department of
City Planning)
------------------------------------------------------------------------
NYC Industrial Member, Board of 3/2017 (estimate)-9/
Development Agency Directors ex officio 2021
(as a result of my
position as Chair of
the NYC City Planning
Commission)
------------------------------------------------------------------------
Build NYC Resource Member, Board of 3/2017 (estimate)-9/
Corporation Directors ex officio 2021
(as a result of my
position as Director of
the NYC Department of
City Planning)
------------------------------------------------------------------------
East Midtown Public Member, Board of 8/2017 (estimate)-9/
Realm Improvement Fund Directors ex officio 2021
(as a result of my
position as Chair of
the NYC City Planning
Commission)
------------------------------------------------------------------------
European Bank for Acting U.S. Director, ex 12/2013-11/2015
Reconstruction and officio (as a result of
Development my position as
Assistant Secretary for
International Markets
and Development of the
U.S. Department of the
Treasury)
------------------------------------------------------------------------
Citigroup Managing Director 4/2003-9/2008
------------------------------------------------------------------------
Empire State Development President and CEO 9/2008-6/2009
Corporation (ESDC)
------------------------------------------------------------------------
Boston Redevelopment Director 2/1994-1/1997
Authority
------------------------------------------------------------------------
New York City Economic General Counsel 9/1990-2/1994
Development Corporation
------------------------------------------------------------------------
New York City Industrial Senior Vice President 1991 (est.)-2/1994
Development Agency
------------------------------------------------------------------------
Nutter, McClennen and Junior Partner 1/1988-8/1990
Fish
------------------------------------------------------------------------
12. Memberships (list all current and former memberships, as well as
any current and former offices held in professional, fraternal,
scholarly, civic, business, charitable, and other organizations dating
back to college, including dates for these memberships and offices):
------------------------------------------------------------------------
Office held (if
Organization any) Dates
------------------------------------------------------------------------
Cooper Union Engineering Advisory Member 11/1998-2/2010
Council
------------------------------------------------------------------------
NYC Investment Partnership Member, Board of 3/2009-6/2009
Directors
------------------------------------------------------------------------
Lower Manhattan Cultural Council Member, Board of 4/2006-8/2008
Directors
------------------------------------------------------------------------
Enterprise Foundation Member, Advisory 2002-2005
Board
------------------------------------------------------------------------
Hannah House Member, Board of 1997-6/2001
Directors
------------------------------------------------------------------------
Women's Forum of Washington Member 1997-2001
(estimate)
------------------------------------------------------------------------
Massachusetts Women's Forum Member 1994-1997
------------------------------------------------------------------------
Fannie Mae Housing Impact Advisory Member 1995-1997
Council
------------------------------------------------------------------------
Boston Management Consortium Director 1995-1/1997
------------------------------------------------------------------------
National Economic Development and Member, Board of 1991-1994
Law Center; name was subsequently Directors
changed to the Insight Center for
Community Economic Development
------------------------------------------------------------------------
Association of the Bar of the City Member; 1991 (estimate)-
of New York Committee on 1/1994
Real Property
Law and Special
Committee on
Government
Counsel
------------------------------------------------------------------------
Massachusetts Housing Partnership Member 1990
------------------------------------------------------------------------
(Boston) Metropolitan Area Planning Member 1987-1990
Council (MAPC)
------------------------------------------------------------------------
(Boston) South Shore Coalition (an Member (1987- 1987-1990
affiliate of MAPC) 1990); Clerk
(1988-1989);
Vice-
Chairperson
(1988-1990)
------------------------------------------------------------------------
Scituate (Massachusetts) Planning Member (1987- 1987-1990
Board 1990); Clerk
(1987-1988);
Vice-
Chairperson
(1988-1990)
------------------------------------------------------------------------
Scituate (Massachusetts) Housing Member 1988-1990
Partnership and Scituate Fair
Housing Committee
------------------------------------------------------------------------
Boston Bar Association (BBA) Member; 1986-1990
Committee on (estimate)
Real Property
Law,
Environmental
Committee, and
Special
Committee on
Minorities in
the Profession
------------------------------------------------------------------------
Lawyers Clearinghouse on Affordable Member 1987-1990
Housing and Homelessness (joint (estimate)
project of BBA and Massachusetts
Bar Association)
------------------------------------------------------------------------
Boston Law Firm Group; name was Representative 1986-1990
subsequently changed to the Boston of the law firm (estimate)
Lawyers Group Nutter
McClennen and
Fish, my then-
employer
------------------------------------------------------------------------
Scituate (Massachusetts) Democratic Member 1988
Town Committee
------------------------------------------------------------------------
13. Political affiliations and activities:
a. List all public offices for which you have been a candidate
dating back to the age of 18.
Scituate (Massachusetts) Planning Board; Member (1987-1990);
Clerk (1988-1989); Vice-Chair (1988-1990).
b. List all memberships and offices held in and services
rendered to all political parties or election committees,
currently and during the last 10 years prior to the date of
your nomination.
None.
c. Itemize all political contributions to any individual,
campaign organization, political party, political action
committee, or similar entity of $50 or more for the past 10
years prior to the date of your nomination.
Obama for America 12/31/2011 $100
Obama for America 6/29/2012 $1,000
Obama for America 10/2/2012 $250
Presidential Inaugural Committee 1/12/2013 $150
Hillary for America 6/24/2016 $2,700
Hillary for America 8/23/2016 $2,700
Haley Stevens 9/15/2017 $250
Biden Victory Fund 9/21/2020 $2,800
14. Honors and awards (list all scholarships, fellowships, honorary
degrees, honorary society memberships, military medals, and any other
special recognitions for outstanding service or achievement received
since the age of 18):
------------------------------------------------------------------------
Description Dates (if applicable)
------------------------------------------------------------------------
The Cooper Union Alumni Hall of Fame 2019
------------------------------------------------------------------------
U.S. Department of Treasury Alexander Hamilton 2017
Award
------------------------------------------------------------------------
The Office of Intelligence and Analysis (OIA) 2015
Medallion No. 28
------------------------------------------------------------------------
The Cooper Union: Presidential Citation 1996
------------------------------------------------------------------------
German Marshall Fund, Fellowship for 1989
International Environmentalists
------------------------------------------------------------------------
National Science Foundation: Honorable Mention 1977
------------------------------------------------------------------------
The Cooper Union: Full tuition scholarship for 1973-1977
4 years of undergraduate education
------------------------------------------------------------------------
Sigma Pi Sigma (national physics honor 1976-1977 (estimate)
society)
------------------------------------------------------------------------
Morris Catholic High School: valedictorian 1973
------------------------------------------------------------------------
15. Published writings (list the titles, publishers, dates and
hyperlinks (as applicable) of all books, articles, reports, blog posts,
or other published materials you have written):
During my time at the NYC Department of City Planning (NYC
DCP), U.S. Department of the Treasury (Treasury), and the U.S.
Securities and Exchange Commission (SEC), I have published
articles, reports, and blog posts in my official capacity and
related to my government employment. These can be found on the
websites of these three government entities.
For example, the NYC Department of City Planning frequently
releases publications in which I am identified as the Director
of the Department. They include:
- Resilient Industry, Mitigation and Preparedness in
the City's Industrial Floodplain.
- The Ins and Outs of NYC Commuting.
- The Geography of Jobs.
- North Brooklyn Industry and Innovation Plan.
Less frequently, I have published articles on matters related
to my government employment. They include:
- ``Opinion: After Amazon, NYC and Nassau must work
together,'' co-
authored with Nassau County (NY) Executive Laura Curran
and published in the Long Island Business Net on 28
February 2019, https://libn.com/2019/02/28/opinion-
after-amazon-nyc-nassau-must-work-together/.
Prior to joining U.S. Treasury, I participated in, and
moderated, panels sponsored by FINRA (Financial Regulatory
Authority), Securities Industry Association (FINRA's
predecessor), Practicing Law Institute, American Bar
Association, Association of the Bar of the City of New York,
Massachusetts Continuing Legal Education, and Boston Bar
Association. In connection with these panels, written materials
were sometimes prepared (generally by a lawyer at a law firm,
who was also on the panel). I do not have a record of these
publications.
Earlier on in my career, I had the following three
publications:
- Association of the Bar of the City of New York, Real
Property Committee, 1992. Seminar on ``Hazardous
Materials Issues in Real Estate Transactions:
Negotiation of Commercial Documentation.'' Course
Materials: ``Environmental Clean-Ups: Who's Liable
Now?''
- Massachusetts Continuing Legal Education, 1990.
Course materials: ``Important New Developments in
Wetlands and Waterways Regulation.''
- Massachusetts Continuing Legal Education, 1989.
Course materials published as ``Massachusetts Zoning
Manual: Nonconforming Uses and Structures.''
16. Speeches (list all formal speeches and presentations (e.g.,
PowerPoint) you have delivered during the past 5 years which are on
topics relevant to the position for which you have been nominated,
including dates):
See NYC DCP speeches at: https://www1.nyc.gov/home/search/
index.page?
search-terms=marisa+lago.
See Treasury speeches at: http://search.treasury.gov/
search?affiliate=treasury&
commit=Search&query=marisa%20lago.
See SEC speeches at: https://secsearch.sec.gov/
search?utf8=?&affiliate=sec
search&query=Marisa+lago&commit=Search.
17. Qualifications (state what, in your opinion, qualifies you to
serve in the position to which you have been nominated):
Over the years, I have acquired broad experience in diverse
areas that will serve me well if confirmed as Under Secretary
for International Trade at the Department of Commerce. My areas
of expertise include: international economic diplomacy;
national security; international development assistance;
international financial services regulation; Federal, State,
and municipal economic development; land use planning; Federal,
State, and municipal governance and policy; and leadership and
management of large, complex initiatives and organizations.
Throughout my career I have maintained a strong commitment to
public service, community involvement, and diversity, equity,
and inclusion.
The breadth of my experience in both the public sector (at the
Federal, State, and local levels) and private sector is
reflected on my resume. The roles that best qualify me for the
position for which I have been nominated are my prior work for
the U.S. government.
In my position as Assistant Secretary for International Markets
and Development at the Department of Treasury (2010-2017), I
led Treasury's role on the Committee on Foreign Investment in
the United States and directed Treasury's portfolio on trade in
financial services, international development assistance,
technical assistance, and international financial services
regulation.
In my position as Director of International Affairs at the U.S.
Securities and Exchange Commission (1997-2001), I headed the
office responsible for all aspects of the SEC's international
activities, and played a key role in numerous international
initiatives involving: trade in financial services;
international accounting standards; regulation of financial
conglomerates; corporate governance; securities activities on
the Internet; and enhancing financial regulation in off-shore
financial centers.
Throughout my career, I have been committed to outside civic
activities. These have included service on the Board of
Directors of the Lower Manhattan Cultural Council, the Advisory
Board of the Enterprise Foundation, the Housing Impact Advisory
Council of Fannie Mae, and the Board of Directors of the
National Economic Development and Law Center.
I am fluent in Spanish, which has been helpful in both my
international and domestic positions.
B. FUTURE EMPLOYMENT RELATIONSHIPS
1. Will you sever all connections (including participation in future
benefit arrangements) with your present employers, business firms,
associations, or organizations if you are confirmed by the Senate? If
not, provide details.
Yes.
2. Do you have any plans, commitments, or agreements to pursue
outside employment, with or without compensation, during your service
with the government? If so, provide details.
No.
3. Has any person or entity made a commitment or agreement to employ
your services in any capacity after you leave government service? If
so, provide details.
No.
4. If you are confirmed by the Senate, do you expect to serve out
your full term or until the next presidential election, whichever is
applicable? If not, explain.
Yes.
C. POTENTIAL CONFLICTS OF INTEREST
1. Indicate any current and former investments, obligations,
liabilities, or other personal relationships, including spousal or
family employment, which could involve potential conflicts of interest
in the position to which you have been nominated.
None.
2. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years (prior to the
date of your nomination), 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.
3. Describe any activity during the past 10 years (prior to the date
of your nomination) in which you have 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. Activities performed as an employee of the Federal
Government need not be listed.
None.
4. Explain how you will resolve any potential conflict of interest,
including any that are disclosed by your responses to the above items.
(Provide the committee with two copies of any trust or other
agreements.)
In connection with the nomination process, I will consult with
the Office of Government Ethics and the designated agency
ethics official to identify potential conflicts of interest.
Any potential conflicts of interest will be resolved in
accordance with the terms of an ethics agreement. I am not
aware of any current potential conflicts.
5. Two copies of written opinions should be provided directly to the
committee by the designated agency ethics officer of the agency to
which you have been nominated and by the Office of Government Ethics
concerning potential conflicts of interest or any legal impediments to
your serving in this position.
To be provided.
D. LEGAL AND OTHER MATTERS
1. Have you ever been the subject of a complaint or been
investigated, disciplined, or otherwise cited for a breach of ethics
for unprofessional conduct before any court, administrative agency
(e.g., an Inspector General's office), professional association,
disciplinary committee, or other ethics enforcement entity at any time?
Have you ever been interviewed regarding your own conduct as part of
any such inquiry or investigation? If so, provide details, regardless
of the outcome.
No.
2. Have you ever been investigated, arrested, charged, or held by any
Federal, State, or other law enforcement authority for a violation of
any Federal, State, county, or municipal law, regulation, or ordinance,
other than a minor traffic offense? Have you ever been interviewed
regarding your own conduct as part of any such inquiry or
investigation? If so, provide details.
I believe that I have been a party, in my representative
capacity only (and not as an individual), to lawsuits
challenging the actions of the following entities:
NYC Department of City Planning.
NYC City Planning Commission.
Empire State Development Corporation.
New York State Department of Economic Development.
Boston Redevelopment Authority.
New York City Economic Development Corporation.
Scituate Planning Board.
The records of any such lawsuits are available from the general
counsel of each of these entities.
The following are the only times that I have been sued in my
personal capacity for activities related to my public service:
WHILE EMPLOYED BY THE BOSTON REDEVELOPMENT AUTHORITY:
Court: Proceeding: Role: Date filed:
Suffolk (Massachusetts) Civil action Defendant 5/1997
Superior Court Civil
Docket #SUCV97-02875C
------------------------------------------------------------------------
Comments:
The plaintiff alleged employment discrimination, interference with
constitutional rights, violation of Massachusetts Equal Rights Act, and
intentional interference with advantageous relations. Case against
Marisa Lago was dismissed for failure to state a claim.
������������������������������������������������������������������������
Agency: Proceeding: Role: Date filed:
Massachusetts Commission Administrativ None Unknown
Against Discrimination e
(MCAD)
------------------------------------------------------------------------
Comments:
The plaintiff in the case above also filed a related administrative
claim with the Massachusetts Commission Against Discrimination (MCAD).
I have no further information about the MCAD claim, and believe that it
was dismissed.
WHILE SERVING ON THE SCITUATE PLANNING BOARD:
Court: Proceeding: Role: Date filed:
Plymouth (Massachusetts) Civil action Defendant 1990 (est.)
Superior Court Civil
Docket C.A. #90-1761B
(Loretta E. Darien et al.
v. Thomas Bledsoe et al.)
------------------------------------------------------------------------
Comments:
The case was a challenge by the proponents of an animal shelter of the
action of the Scituate (Massachusetts) Planning Board (SPB) in denying
a site plan approval/special permit. The suit, which named both the SPB
and each individual SPB member, was dropped by the plaintiffs.
The following are the only times that I have been a party in my
personal capacity:
IN MY PERSONAL CAPACITY:
Court: Proceeding: Role: Date filed:
Suffolk (Massachusetts) Civil action Plaintiff 10/1994
Superior Court Civil
Docket #94-5219
------------------------------------------------------------------------
Comments:
The case was a dispute regarding proposed development of land adjacent
to my then-home. I challenged the action of the Massachusetts
Department of Environmental Protection (DEP) in affirming the granting
of an Order of Conditions (O of C) by the Scituate (Massachusetts)
Conservation Commission (SCC), acting as an arm of the Commonwealth of
Massachusetts under the Massachusetts Wetlands Protection Act. The
matter arose from the attempt of a speculator to build on an
unbuildable lot located adjacent to my then-home. Development permits
were denied (which was the result that I sought).
������������������������������������������������������������������������
Court: Proceeding: Role: Date filed:
Plymouth (Massachusetts) Civil action Plaintiff 12/1993
Superior Court Civil (est.)
Docket #93-0927B
------------------------------------------------------------------------
Comments:
This is a case related to the previous case. I believe that I was the
named plaintiff, but do not have records of this case. Also, I believe
that there may have also been related administrative proceedings before
the DEP, SCC, and Scituate Buildings Department. I do not have records
of any such proceedings.
������������������������������������������������������������������������
Court: Proceeding: Role: Date filed:
U.S. Tax Court Docket Civil action Defendant 1987 (est.)
#33526-87``S''
------------------------------------------------------------------------
Comments:
For the 1984 tax year, the IRS alleged a deficiency in my return (joint
return with spouse). We challenged this determination. A decision
entered on June 6, 1988 found that there was no deficiency and no taxes
due.
������������������������������������������������������������������������
Court: Proceeding: Role: Date filed:
Unknown New York Court Civil action Plaintiff 1975 (est.)
------------------------------------------------------------------------
Comments:
Challenge (along with a number of my classmates who were then Physics
majors at Cooper Union) to the decision by Cooper Union to terminate
the Physics program. I believe that plaintiffs dropped the challenge.
3. Have you ever been involved as a party in interest in any
administrative agency proceeding or civil litigation? If so, provide
details.
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, provide details.
No.
5. Please advise the committee of any additional information,
favorable or unfavorable, which you feel should be considered in
connection with your nomination.
None.
E. TESTIFYING BEFORE CONGRESS
1. If you are confirmed by the Senate, 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.
2. If you are confirmed by the Senate, are you willing to provide
such information as is requested by such committees?
Yes.
______
Questions Submitted for the Record to Hon. Maria Louise Lago
Question Submitted by Hon. Ron Wyden
u.s.-eu privacy shield
Question. ITA is negotiating a new Privacy Shield agreement with
the European Union to ensure market access for U.S. companies while
addressing the Europeans' concerns about U.S. Government access to
their data.
If confirmed, how would you ensure that any Privacy Shield
agreement is not one-sided, and also protects Americans' data from
unreasonable surveillance by European government agencies?
Answer. The United States and the European Union share a deep trade
and investment relationship, which sustains millions of jobs on both
sides of the Atlantic. Transatlantic data flows are an essential
component of that two-way trade and investment. The original Privacy
Shield decision was invalidated by the Court of Justice of the European
Union (CJEU) based on concerns about government access to personal
data. If confirmed, I would work with my counterparts across the U.S.
Government and within the European Commission to find a sustainable
solution that addresses the legal and also the economic ramifications
of the CJEU's ruling. If confirmed, I look forward to working with you,
your staff, and the interagency to consider how best to protect
personal data on both sides of the Atlantic.
______
Questions Submitted by Hon. Maria Cantwell
Question. China is no doubt one of our most important trading
partners and was the third largest export market for American products
last year. In 2020, we exported $26.5 billion worth of agricultural
products and $40.4 billion worth of service goods to China.
My home State of Washington is a major exporter to China as well,
exporting $9 billion worth of goods in 2020, making China Washington
State's largest trading partner. The agreements outlined in the China
Phase One purchasing agreement would benefit Washington State's
economy. That being said, reports have shown that China is not on track
to meet its purchasing targets. China is Washington State's third
largest trading partner for agricultural products. In 2020, Washington
State exported $518 million worth of agricultural goods to China. Top
Washington State agricultural exports include $83 million worth of fish
and seafood, $54 million worth of frozen potatoes, $51 million worth of
cherries, $25 million worth of wheat, and $13 million worth of beef.
China should have purchased $29.8 billion worth of agricultural
products by the end of September to meet the target, but instead fell
short at purchasing only $26.7 billion worth. The agreement was
supposed to offset some of the effects of the trade conflict, so we
need to ensure that China is on track to achieve the targets that they
agreed to.
USTR Ambassador Tai also agreed during her speech on the
administration's China trade policy that we must hold China accountable
to their commitments, and that certain provisions in the phase one
agreement will need to be revisited.
In your opinion, what can be done to improve China's performance in
terms of the purchasing targets that they agreed to?
Are the goals of the agreement realistic? Are there areas of the
agreement that you think need to be reassessed or renegotiated?
How do you plan to work with USTR to enforce the targets of the
agreement without imposing economic harm to U.S. industries?
Answer. If confirmed, I would work closely within ITA and with the
U.S. Trade Representative and others in the U.S. Government as
appropriate to ensure that the Chinese Government is held accountable
for its commitments.
In October, the Biden-Harris administration outlined the initial
steps to realign U.S. trade policy towards China, which included
China's performance under the Phase One agreement. It is important that
the Chinese Government adhere to the commitments it made, and it is my
understanding that USTR Tai is engaged in discussions with the Chinese
Government to that end.
It is also important to note that many concerns with respect to the
Chinese Government were not addressed in the Phase One agreement, such
as state-owned enterprises, subsidies, limiting market access, and
other distortive and coercive economic practices. If confirmed, I look
forward to working with the U.S. Trade Representative and others in the
U.S. Government on these issues, as appropriate, and would work to
ensure that workers and firms can compete on a level playing field. If
confirmed, I look forward to working with you and your staff on this
issue.
Question. Among your responsibilities is the U.S. and Foreign
Commercial Services. The FCS as it is known is a great service to U.S.
companies working in foreign markets. I particularly would note how
helpful the FCS is for U.S. small businesses seeking to enter and
develop the Chinese market. Washington State exports $9 billion in
goods in 2020, making China the largest trading partner for my State.
In light of the current stress in the relationship, how can the FCS
help to improve trading relationship--in a positive, constructive way--
for the U.S. and China?
Answer. U.S. exports can create high-paying U.S. jobs. China is our
Nation's third largest trading partner, taking over $120 billion in
goods exports alone in 2020. While the Chinese market holds
opportunities for U.S. exporters, there are still numerous non-tariff
barriers to trade, as well as anti-competitive actions that need to be
addressed--including the Chinese Government's theft of intellectual
property, forced technology transfer, and subsidies for its businesses.
If confirmed, I would work with the trade specialists and commercial
diplomats in ITA on these issues.
Question. In 2019, digital services exports accounted for 59
percent of all U.S. services exports, generating a U.S. digital trade
surplus of $220 billion that is shared by small and large companies and
workers far outside the traditional tech sector. One in three small and
medium-sized businesses report that they would not have survived the
pandemic without digital tools, and two-thirds of small business
employers say that technology can help them overcome export barriers.
My home State of Washington is responsible for nearly 5 percent of the
entire country's digital export volume, which directly and indirectly
supports nearly 250,000 jobs across the information, technology, and
communications sector.
It is clear, especially over that last year that without the
ability to trade digitally, American workers and businesses would have
been put at a significant disadvantage. It is imperative that we create
more opportunities for U.S. exporters to harness digital trade and push
back on the growing threat of digital protectionism.
I believe we need a bold new strategy on digital trade; one that
modernizes our existing free trade agreements and seeks new bilateral
and plurilateral digital rules that ensure America and our workers stay
competitive in the 21st century and that businesses can compete on a
level playing field. That is why I was pleased to hear that the U.S.
and several European countries were able to come to an agreement on
eliminating digital service taxes recently.
Beyond dealing with foreign digital service taxes, what do you
think are the most important digital trade issues that the United
States must engage with trading partners on?
The U.S.-EU Trade Technology Council hosted its first summit in
Pittsburgh 2 months ago, and released a joint statement detailing a
framework that would promote trade and innovation in the IT industry.
Do you think the agreements in the joint statement adequately
address U.S.-EU technology trade issues?
In your opinion, are there any areas that need improvement?
How do you plan to incorporate the working groups established in
the joint statement in your work to promote bilateral trade and
enforcement of trade agreements?
Privacy is extremely important to me. We are working hard on
getting a good bill out of the Commerce Committee. Do you see a clear
path forward toward an agreement between the U.S. and the EU on
Privacy?
Answer. The U.S.-EU Trade and Technology Council (TTC) encompasses
a wide range of bilateral policy issues, which necessitates a whole-of-
government approach and continued stakeholder engagement to refine
broad priorities into actionable outcomes. If confirmed, I would work
with my colleagues within the Commerce Department and the interagency
to build on the Pittsburgh ministerial and facilitate continued
collaboration with our U.S. agency counterparts, businesses, and other
stakeholders. If confirmed, I look forward to working with you and your
staff on these issues.
There are significant commonalities between the TTC's 10 issue-
oriented working groups and ITA's daily work in expanding export
opportunities for American businesses and mitigating unfair trade
practices that disadvantage our businesses and workers. If confirmed, I
look forward to working on issues that can directly benefit our
companies and workers and would support the objectives of the TTC to
reducing commercially significant barriers to trade that impact
companies of all sizes.
It is also my understanding that the Commerce Department and
agencies across the U.S. Government are working to find a sustainable
solution that addresses the legal and also the economic ramifications
of the ruling of the Court of Justice of the European Union to
invalidate the U.S.-EU Privacy Shield Framework. If confirmed, I look
forward to working with you and your staff on these issues.
Question. The United States and Canada have been engaging in a
long-term trade conflict over softwood lumber that dates back to the
1980s. Despite many rounds of negotiations and agreements, little
progress has been made to reach a permanent solution. The previous
agreement to suspend tariffs expired in 2015, and anti-
dumping and countervailing duties have been in place since 2017. This
trade conflict not only hurt the timber industry but also contributed
to a shortage of lumber in the United States, raising home construction
costs for producers and consumers.
Washington State has 22 million acres of forest land and a robust
timber industry. My home State is also the second largest producer of
lumber in the United States and the sector supports approximately
42,000 workers, generating $28 million in revenue annually.
While I support the effort to level the playing field for the U.S.
timber industry and ensure U.S. competitiveness, I also believe that
trade conflicts cannot continue indefinitely. We must work with Canada,
a valuable and trusted trading partner, to reach a long-lasting
solution.
In your view, what are the main issue areas that need to be
resolved first before an agreement could be reached with Canada?
If confirmed, what would be your plan to negotiate a solution for
ending the lumber conflict?
Large trade conflicts that drag out over several years hurt the
economy and the relationship that we have with the opposing country.
How would you work to expedite the process for ending trade conflicts
in a timely manner?
Answer. The determinations in U.S. AD and CVD proceedings are the
culmination of a quasijudicial investigative process that is mandated
by U.S. law. The Commerce Department bases its findings on the factual
information and the records of its proceedings, following methodologies
provided under the laws, regulations, and longstanding practices. It is
my understanding that while the Commerce Department would be involved
in any formal consultations on this trade dispute with Canada, the U.S.
Trade Representative is the lead agency with respect to the formal
initiation of any potential negotiated settlement. If confirmed, I look
forward to working with you and your staff on this issue.
Questions Submitted by Hon. Todd Young
Question. If confirmed, understanding and advocating for American
enterprises will be a key pillar of your job. For years, Hoosier
businesses in Indiana have been confronted with major barriers to
market access, particularly at the hands of China, and are often
pressed to make trade-related concessions. For instance, businesses are
forced to entertain outrageous demands like surrendering intellectual
property or technology in exchange for access to Chinese markets. These
moves are designed to benefit China's state-owned enterprises while
keeping U.S. manufacturers at a disadvantage.
How do you plan to tackle the market access barriers forced onto
American businesses by the Chinese Communist Party?
Relatedly, what are some key strategies that you believe would be
beneficial to addressing this adverse action against American
businesses?
Answer. The Chinese Government engages in anticompetitive and
coercive practices that harm American workers and businesses. For
example, intellectual property theft, subsidies, cyber-based economic
espionage, and other barriers undermine the competitiveness of U.S.
firms. These policies create unlevel playing fields for U.S. workers
and businesses. Many of our allies and partners share similar concerns
with respect to the PRC's unfair economic practices. If confirmed, I
would use all tools at ITA's disposal to address these issues. I would
also work with Commerce staff and, when appropriate, the Office of the
U.S. Trade Representative and other departments and agencies on these
matters.
I believe that we should approach trade barriers faced by American
businesses through direct engagement with (1) U.S. stakeholders and the
business community to help identify anticompetitive practices and non-
tariff barriers, and (2) the Chinese Government to hold them
accountable for disruptive trade practices. This will involve
engagement with the U.S. Trade Representative, the Department of State,
and other U.S. Government agencies to address the core structural
concerns posed by China's state-directed economic approach and
distortive trade practices, which harm competition, businesses, and
workers. If confirmed, I look forward to working with you and your
staff on these issues.
Question. As we have all experienced, the pandemic has accelerated
the already existing squeeze of supply chain networks. Global
disruptive events--like natural disasters, shipping container
blockages, port shutdowns, and cyberattacks--are now more persistent
and severe, which only illustrates the need to lessen our dependency on
multiple foreign suppliers and complex supply chains.
If confirmed, what is your strategic plans to monitor and address
our Nation's supply chain challenges?
How will you review and address regulatory issues to ensure our
domestic supply chains are secure and cost-effective?
Answer. If confirmed, I would work to support and build upon the
efforts that are already underway across the executive branch to assess
supply chain vulnerabilities under the President's executive order on
supply chains. For example, I would work to support the Commerce
Department's efforts on semiconductors. The Department led the
development of a semiconductor supply chain 100-day report, which was
published in June of this year. I also look forward to working with the
Department of Homeland Security to publish the 1-year report on supply
chains in the information and communications technology space in
February. While government does not run these supply chains, the Biden
administration is using every tool available to help make our supply
chains more resilient over the long term.
One of my top priorities would be to ensure that the International
Trade Administration fully supports the White House and Commerce
Department's efforts and any subsequent policy implementation to help
address supply chain concerns. I would also support Secretary
Raimondo's efforts in her role as a co-lead of President Biden's Supply
Chain Disruptions Task Force to address near-term supply chain
concerns. If confirmed, I look forward to working with you and your
staff on these issues.
______
Prepared Statement of Lisa W. Wang, Nominated to be Assistant Secretary
for Enforcement and Compliance, International Trade Administration,
Department of Commerce
Thank you, Chairman Wyden, Ranking Member Crapo, members of the
Committee. I am humbled and honored to be here today as President
Biden's nominee to serve as Assistant Secretary of Commerce for
Enforcement and Compliance. I am grateful that the administration has
entrusted me with this position, and I am thankful for the support that
Secretary Raimondo and her team have shown me.
I would like to begin by thanking my father, Frank Xiaohang Wang.
He came to the United States in his early thirties knowing almost no
English but believing deeply in the American Dream. He believed that
America is a country where hard work would lead to success. He believed
that America is a place where fairness matters. It was through his
sheer determination and endless optimism that our family rose from near
poverty to a cozy life in the suburbs of East Greenbush, NY. My father
passed away a few years ago but would have been so delighted to see me
here today; taking pictures and trying to shake your hands. There will
never be a better cheerleader, and I would be remiss to not acknowledge
him here.
I would also like to thank my mother, Tina Congying Wang, who
worked a lifetime of minimum wage jobs to afford me the opportunity to
be before you today. She has lived her life for her family's health and
happiness, and I am proud to have her watching today. There is a
straight line from my parents' sacrifices to my success, and I remain
forever thankful for their support and guidance. I also want to thank
my husband, Tim Kovacs, and my two daughters for their encouragement
and support. Thank you for always pushing me to take risks and finding
the joy in life.
I came to the United States when I was 5 years old, not knowing any
English but believing deeply in my father's American Dream. This belief
is what led me to a career in international trade. I believe that the
hard work of American workers and American businesses should not be
undercut by unfair trade practices. I have spent my career representing
U.S. industries seeking a level playing field against unfair
subsidization and dumping. In doing so, I have seen manufacturers go
from the brink of closure to capacity expansions because of effective
trade enforcement. When our foreign competitors play by the same
rules--when trade is fair--no one can beat the American worker.
As an attorney with the Office of the U.S. Trade Representative, I
defended the United States in WTO cases seeking to overturn our U.S.
CVD laws and to weaken our trade enforcement objectives. I have led WTO
cases against countries like China to stop their use of industrial
policies that target U.S. and other export markets. The highlight of my
career, however, is the many years that I spent working within
Commerce's Enforcement and Compliance (E&C). E&C has a dedicated team
of public servants who work to ensure that our U.S. trade laws are
rigorously enforced. As foreign governments and foreign competitors
become more sophisticated in their use of industrial subsidies and
other unfair trade practices, we must work harder and smarter to
counter these practices.
If confirmed, I look forward to working closely with you to ensure
that our U.S. trade remedy laws are transparently and vigorously
enforced. Thank you, and I would be happy to answer any questions you
may have.
______
SENATE FINANCE COMMITTEE
STATEMENT OF INFORMATION REQUESTED
OF NOMINEE
A. BIOGRAPHICAL INFORMATION
1. Name (include any former names used): Lisa Wen-Jia Wang, Wen-Jia
Wang.
2. Position to which nominated: Assistant Secretary for Enforcement
and Compliance, International Trade Administration, U.S. Department of
Commerce.
3. Date of nomination: August 9, 2021.
4. Address (list current residence, office, and mailing addresses):
5. Date and place of birth: June 12, 1980; Beijing, China.
6. Marital status (include maiden name of wife or husband's name):
7. Names and ages of children:
8. Education (list all secondary and higher education institutions,
dates attended, degree received, and date degree granted):
Georgetown University Law Center, Washington, DC.
Dates attended: September 2003-May 2006.
Degree received: Juris Doctor.
Date Degree Granted: May 2006.
Cornell University, College of Human Ecology, Ithaca, NY.
Dates attended: September 1998-May 2002.
Degree received: Bachelor of Science.
Date Degree Granted: May 2002.
Beijing Foreign Studies University, Beijing, China.
Dates attended: January 2001-June 2001).
Degree received: None (study abroad semester).
9. Employment record (list all jobs held since college, including the
title or description of job, name of employer, location of work, and
dates of employment for each job):
Harris, Wiltshire and Grannis LLP, Washington, DC, legal
assistant (June 2002-June 2003).
U.S. Department of State, Office of the legal adviser,
Washington, DC, legal extern (September 2004-May 2005).
U.S. Equal Employment Opportunity Commission, Office of General
Counsel, Washington, DC, legal intern (May-June 2004).
U.S. Embassy Beijing, Commercial Section, Beijing, China, legal
intern (July-August 2004).
Dewey and LeBoeuf, LLP (formerly Dewey Ballantine LLP),
International Trade Group, Washington, DC, associate (2006-
2009); law clerk (January-May 2006); summer associate (May-
August 2005).
U.S. Department of Commerce/U.S. Embassy Beijing, Commercial
Section, Washington, DC, Beijing, China, First Secretary,
Senior Import Administration Officer (June 2009-February 2012).
Office of the U.S. Trade Representative, Executive Office of
the President, Washington, DC, Assistant General Counsel
(February 2012-November 2014).
Chief Counsel for Trade Enforcement and Compliance, U.S.
Department of Commerce, Washington, DC, senior attorney
(November 2014-May 2016).
Picard, Kentz and Rowe LLP, Washington, DC, partner (June 2016-
present).
10. Government experience (list any current and former advisory,
consultative, honorary, or other part-time service or positions with
Federal, State, or local governments held since college, including
dates, other than those listed above):
None.
11. Business relationships (list all current and former positions held
as an officer, director, trustee, partner (e.g., limited partner, non-
voting, etc.), proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, other business enterprise, or
educational or other institution):
Picard, Kentz and Rowe LLP (partner).
12. Memberships (list all current and former memberships, as well as
any current and former offices held in professional, fraternal,
scholarly, civic, business, charitable, and other organizations dating
back to college, including dates for these memberships and offices):
DC Bar Association, Washington, DC (2007-present): I do not
serve in any leadership role or participate beyond my dues.
New York Bar Association, Albany, NY (2006-2011): I did not
serve in any leadership role or participate beyond my dues.
U.S. Court of International Trade, New York, NY (2007-present):
I practice before this court.
U.S. Court of Appeals for the Federal Circuit, Washington, DC
(2007-present): I practice before this court.
Georgetown University Law Center International Trade Update
(2019-present): I serve on the Advisory Panel for this annual
update for trade law practitioners and law students. I am not
compensated for this role.
Customs and International Trade Bar Association, Washington, DC
(``CITBA'') (2007-2011, with some lapses): I did not serve in
any leadership role. I was a panelist for one of the panels at
the annual CITBA conference in 2019 discussing issues related
to the scope of antidumping and countervailing duty orders.
Women in International Trade, Washington, DC (2006-2011): I did
not serve in any leadership role. I attended panels and other
professional development events sponsored by the association,
and cowrote an article for the association's seasonal
newsletter.
Lighthouse Club, Lewes, DE (June 2021-present): my husband and
I are members of this association. We do not serve in any
leadership role or participate beyond the monthly dues. This is
the homeowners' association that manages the pools and
clubhouse for the community where I recently purchased a
vacation townhome.
Asian Pacific American Law Students Association, Georgetown
University Law Center, Washington, DC (2003-2006): I was the
Academic Chair for the academic year of 2004 to 2005.
Georgetown Journal of Law and Public Policy (2004-2006): I did
not serve in any leadership role in this organization.
Asian Pacific American Legal Resource Center, Georgetown
University Law Center, Washington, DC (2005-2006): I did not
serve in any leadership role in this organization.
Asian Pacific Americans for Action (``APAA''), Cornell
University, Ithaca, NY (1999-2002): I was the co-president of
APAA from September 2000 through May 2002.
National Society of Collegiate Scholars, Cornell University,
Ithaca, NY (2001-2002): I did not serve in any leadership role
in this organization.
Kappa Omicron Nu Honor Society, Cornell University, Ithaca, NY
(2001-2002): I did not serve in any leadership role in this
organization.
13. Political affiliations and activities:
a. List all public offices for which you have been a candidate
dating back to the age of 18.
None.
b. List all memberships and offices held in and services
rendered to all political parties or election committees,
currently and during the last 10 years prior to the date of
your nomination.
None.
c. Itemize all political contributions to any individual,
campaign organization, political party, political action
committee, or similar entity of $50 or more for the past 10
years prior to the date of your nomination.
Gina Ortiz Jones (D): $250 on 10/15/2020.
Jon Ossoff (D): $44.00 on 11/5/2020.
Barbara Bollier (D): $150 on 9/28/2020.
Raphael Warnock (D): $100 on 11/8/2020.
14. Honors and awards (list all scholarships, fellowships, honorary
degrees, honorary society memberships, military medals, and any other
special recognitions for outstanding service or achievement received
since the age of 18):
Commerce 2011 Distinguished Performance Bronze Medal Award.
U.S. Embassy Beijing 2009 Franklin Award.
2004 CALI Excellence for the Future Award in International
Trade.
15. Published writings (list the titles, publishers, dates, and
hyperlinks (as applicable) of all books, articles, reports, blog posts,
or other published materials you have written):
Co-author, ``Using AD and CVD Laws to Address Unfair Labor
Practices,'' Picard, Kentz and Rowe LLP blog post, https://
pkrllp.com/antidumping/using-ad-and-cvd-laws-to-address-unfair-
labor-practices/.
Co-author, ``Foreign Investment and National Security,'' China
Business Review, Vol. 35, No. 1, pp. 51-53 (January/February
2008).
Co-author, ``Food Safety Reform: What the FDA Can Learn From
Other Major Importing Countries,'' Women in International Trade
Newsletter (Fall 2007).
Co-author, ``Foreign Sanctions Countermeasures and Other
Responses to U.S. Extraterritorial Sanctions,'' USA*Engage and
the National Foreign Trade Council (August 2007), https://
www.nftc.org/default/usa%20engage/Foreign%20
Sanctions%20Countermeasures%20Study.pdf.
Author, ``The Privacy Rule: HIPAA Standards for the Privacy of
Individually Identifiable Health Information,'' 27 Employee
Benefits Journal 3, 59 (September 2002), https://
pubmed.ncbi.nlm.nih.gov/12219566/ (abstract).
16. Speeches (list all formal speeches and presentations (e.g.,
PowerPoint) you have delivered during the past 5 years which are on
topics relevant to the position for which you have been nominated,
including dates):
Panelist, ``Scope: Endgame,'' 20th Judicial Conference of the
U.S. Court of International Trade (2019).
Panelist, ``International Trade Update,'' Case Western
University School of Law (2019).
17. Qualifications (state what, in your opinion, qualifies you to
serve in the position to which you have been nominated):
The Assistant Secretary for Enforcement and Compliance within
Commerce's International Trade Administration is responsible
for administering and enforcing title VII of the Tariff Act of
1930, as amended, which includes U.S. antidumping (``AD''),
countervailing duty (``CVD''), safeguard, and other trade
remedy laws. I have over 15 years of experience in the practice
of title VII trade remedy law, particularly in the area of AD/
CVD law. I started my law career in Dewey Ballantine LLP's
international trade group. During my employment at the U.S.
embassy in Beijing, China, one of my responsibilities was
defending the U.S. Government in China's CVD investigations
against U.S. products, including U.S. chicken broiler exports
and U.S. specialty steel exports. I also counseled U.S.
companies doing business in China dealing with Chinese trade
barriers.
While at the Office of the U.S. Trade Representative's Office
of General Counsel, I led the U.S. delegation in our successful
defense of Pub. L. 112-99 (i.e., the GPX legislation) against
China's challenge before the WTO Appellate Body. The GPX
legislation allowed for the concurrent application of AD and
CVD laws to non-market economies, such as China and Vietnam.
During my tenure at the U.S. Department of Commerce's Chief
Counsel for Trade Enforcement and Compliance, I similarly
defended Commerce's AD and CVD determinations before the U.S.
Court of International Trade and U.S. Court of Appeals for the
Federal Circuit. Finally, at my current position as partner at
Picard, Kentz and Rowe LLP, I represent U.S. industries in AD,
CVD, and injury proceedings. Given my depth of knowledge of the
title VII trade laws and previous government experience
defending the United States' administration and enforcement of
these laws, I believe I am well qualified for the position of
Assistant Secretary for Enforcement and Compliance.
B. FUTURE EMPLOYMENT RELATIONSHIPS
1. Will you sever all connections (including participation in future
benefit arrangements) with your present employers, business firms,
associations, or organizations if you are confirmed by the Senate? If
not, provide details.
Yes.
2. Do you have any plans, commitments, or agreements to pursue
outside employment, with or without compensation, during your service
with the government? If so, provide details.
No.
3. Has any person or entity made a commitment or agreement to employ
your services in any capacity after you leave government service? If
so, provide details.
No.
4. If you are confirmed by the Senate, do you expect to serve out
your full term or until the next presidential election, whichever is
applicable? If not, explain.
Yes.
C. POTENTIAL CONFLICTS OF INTEREST
1. Indicate any current and former investments, obligations,
liabilities, or other personal relationships, including spousal or
family employment, which could involve potential conflicts of interest
in the position to which you have been nominated.
Any potential conflict of interest will be resolved in
accordance with the terms of my ethics agreement, which was
developed in consultation with ethics officials at the
Department of Commerce and the Office of Government Ethics. I
understand that my ethics agreement has been provided to the
committee. I am not aware of any potential conflict other than
those addressed by my ethics agreement.
2. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years (prior to the
date of your nomination), 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.
Any potential conflict of interest will be resolved in
accordance with the terms of my ethics agreement, which was
developed in consultation with ethics officials at the
Department of Commerce and the Office of Government Ethics. I
understand that my ethics agreement has been provided to the
committee. I am not aware of any potential conflict other than
those addressed by my ethics agreement.
3. Describe any activity during the past 10 years (prior to the date
of your nomination) in which you have 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. Activities performed as an employee of the Federal
Government need not be listed.
No.
4. Explain how you will resolve any potential conflict of interest,
including any that are disclosed by your responses to the above items.
(Provide the committee with two copies of any trust or other
agreements.)
Any potential conflict will be resolved in accordance with the
terms of my ethics agreement.
5. Two copies of written opinions should be provided directly to the
committee by the designated agency ethics officer of the agency to
which you have been nominated and by the Office of Government Ethics
concerning potential conflicts of interest or any legal impediments to
your serving in this position.
To be provided by the agency.
D. LEGAL AND OTHER MATTERS
1. Have you ever been the subject of a complaint or been
investigated, disciplined, or otherwise cited for a breach of ethics
for unprofessional conduct before any court, administrative agency
(e.g.. an Inspector General's office), professional association,
disciplinary committee, or other ethics enforcement entity at any time?
Have you ever been interviewed regarding your own conduct as part of
any such inquiry or investigation? If so, provide details, regardless
of the outcome.
No.
2. Have you ever been investigated, arrested, charged, or held by any
Federal, State, or other law enforcement authority for a violation of
any Federal, State, county, or municipal law, regulation, or ordinance,
other than a minor traffic offense? Have you ever been interviewed
regarding your own conduct as part of any such inquiry or
investigation? If so, provide details.
No.
3. Have you ever been involved as a party in interest in any
administrative agency proceeding or civil litigation? If so, provide
details.
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, provide details.
No.
5. Please advise the committee of any additional information,
favorable or unfavorable, which you feel should be considered in
connection with your nomination.
No additional information.
E. TESTIFYING BEFORE CONGRESS
1. If you are confirmed by the Senate, 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.
2. If you are confirmed by the Senate, are you willing to provide
such information as is requested by such committees?
Yes.
______
Questions Submitted for the Record to Lisa W. Wang
Questions Submitted by Hon. Ron Wyden
china and trade cheats
Question. Here in the Senate, the Finance Committee writes the
trade rules that are intended to crack down on all manner of trade
cheating--dumping, subsidizing, and circumventing U.S. law. But we need
a strong partnership with you to enforce those rules as written, and to
understand what else is needed to put American businesses on a level
playing field with firms and countries intent on hollowing out our
manufacturing base.
In particular, China has been clear about its intent to use
subsidization, vertical integration, and every other tactic imaginable
to move entire supply chains to China--allowing China to control
significant chunks of the global economy.
I have a two-part question:
First, if confirmed, can you tell me how you will position your
office to be more nimble in responding to China's industrial policies
before American businesses are irreparably harmed?
Answer. The primary mission of Enforcement and Compliance (E&C) is
enforcement of the trade remedy laws which are designed to provide
remedial measures for U.S. industry and workers who have been injured
by unfair trade practices, including unfair subsidization. These are
often a major component of China's market-distorting policies. If
confirmed, I will be vigilant in pursuing circumvention and evasion in
order to maintain the integrity of our affirmative investigations and
determinations regarding market-distorting behavior that results in
unfair trade and to ensure that much-needed remedies for our industry
and workers are not undermined. Further, if confirmed, I will promote
working with like-minded trading partners in using tools, including
through market-correcting measures such as trade remedies, as well as
working closely with our CBP counterparts to address evasion and fraud.
Question. Second, will you work with me and my staff to understand
what additional authority Commerce needs to address the broad
industrial cheating that threatens U.S. jobs?
Answer. Yes. If confirmed, I look forward to working with you and
your staff on this issue.
trade agreement compliance
Question. In addition to ensuring enforcement of U.S. antidumping
and countervailing duty law, if confirmed, you would be responsible for
helping U.S. companies break through foreign trade barriers by
demanding compliance with international trade rules.
As Oregonians are well aware, it is not enough to have a lengthy
trade agreement and a fancy signing ceremony. Agreements--like the
USMCA--need to be enforced so that U.S. businesses and workers get what
was bargained for on issues like market access, labor, and the
environment.
As head of Enforcement and Compliance, you are responsible for
working directly with U.S. businesses and foreign governments to ensure
trade agreement obligations are met and barriers to trade are brought
down. This work is critical as it ensures U.S. workers, farmers,
ranchers and others can fairly access markets for their goods and grow
their businesses.
If confirmed, how would you work to ensure American workers,
farmers, and ranchers are getting what they bargained for in our trade
agreements?
Answer. If confirmed, I will work tirelessly to ensure our trading
partners comply with their obligations under U.S. trade agreements. All
American workers, farmers, and ranchers are entitled to the
transparency, predictability, and fairness that our agreements
guarantee, whether they are multilateral via the WTO, regional (such as
in USMCA), or bilateral. Enforcement and Compliance (E&C) is
responsible for monitoring trade agreement operation and when non-
compliance is identified, leveraging all available U.S. Government
tools to ensure foreign governments honor their obligations. To fulfill
this mission, E&C collaborates extensively with the Office of the
United States Trade Representative and other agencies, as well as
regularly engages with U.S. stakeholders, including operating the ITA
portal for U.S. businesses to register complaints about trade problems.
______
Questions Submitted by Hon. Maria Cantwell
Question. China is no doubt one of our most important trading
partners and was the third largest export market for American products
last year. In 2020, we exported $26.5 billion worth of agricultural
products and $40.4 billion worth of service goods to China.
My home State of Washington is a major exporter to China as well,
exporting $9 billion worth of goods in 2020, making China Washington
State's largest trading partner. The agreements outlined in the China
Phase One purchasing agreement would benefit Washington State's
economy. That being said, reports have shown that China is not on track
to meet its purchasing targets. China is Washington State's third
largest trading partner for agricultural products. In 2020, Washington
State exported $518 million worth of agricultural goods to China. Top
Washington State agricultural exports include $83 million worth of fish
and seafood, $54 million worth of frozen potatoes, $51 million worth of
cherries, $25 million worth of wheat, and $13 million worth of beef.
China should have purchased $29.8 billion worth of agricultural
products by the end of September to meet the target, but instead fell
short at purchasing only $26.7 billion worth. The agreement was
supposed to offset some of the effects of the trade conflict, so we
need to ensure that China is on track to achieve the targets that they
agreed to.
USTR Ambassador Tai also agreed during her speech on the
administration's China trade policy that we must hold China accountable
to their commitments, and that certain provisions in the phase one
agreement will need to be revisited.
In your opinion, what can be done to improve China's performance in
terms of the purchasing targets that they agreed to?
Are the goals of the agreement realistic? Are there areas of the
agreement that you think need to be reassessed or renegotiated?
How do you plan to work with USTR to enforce the targets of the
agreement without imposing economic harm to U.S. industries?
Answer. I believe we must hold the Chinese Government accountable
to their commitments and we must have the necessary tools to address
these challenges. USTR is leading the negotiations with respect to the
Chinese Government's commitments under the Phase One agreement. If
confirmed, I look forward to working with my colleagues at ITA and with
USTR on these issues, as appropriate. I will work to ensure countries
live up to their commitments and ensure workers and businesses can
compete on a level playing field.
______
Questions Submitted by Hon. Todd Young
Question. Understanding and advocating for American enterprises is
a key responsibility as Assistant Secretary of Commerce for Enforcement
and Compliance. For years, Hoosier businesses in Indiana have been
confronted with major barriers to market access, particularly at the
hands of China, and are often pressed to make trade-related
concessions. For instance, businesses are forced to entertain
outrageous demands like surrendering intellectual property or
technology in exchange for access to Chinese markets. These moves are
designed to benefit China's state-owned enterprises while keeping U.S.
manufacturers at a disadvantage.
If confirmed, how do you plan to address repeated offenses by China
to limit market access for American businesses?
What is your initial strategy to jumpstart engagement with American
stakeholders?
Answer. The Chinese Government engages in a range of unfair
economic practices that include forced technology transfer, barriers to
market access, as well as theft of intellectual property. These
anticompetitive activities harm American workers and businesses and
undermine the competitiveness of U.S. firms and workers.
It is critical that trade policies and programs reflect the needs
of U.S. firms and workers since they are the engine of economic growth
in the United States. In working on these issues, I will keep U.S.
workers and businesses front of mind. With respect to engagement, if
confirmed, I intend to utilize ITA's broad network of experts and
offices around the country to engage with stakeholders and the business
community. I am committed to working with the interagency, including
USTR and CBP, to address these issues, as well as with Congress, you,
and your staff.
Question. Digital trade affects nearly every company with an
international presence, and refers broadly to policies related to
everything from data flows to smart manufacturing. American businesses
can be successful if our international partners adhere to rules of the
road. Stealing intellectual property, forcing data transfer in exchange
for market access, censorship as a means of economic coercion--these
are all actions that should not be tolerated.
How can the U.S. hold our trading partners accountable with regard
to digital trade? Do you believe upholding digital trade integrity is a
vital part of our economic health and success?
I am working on a resolution to support key digital trade
provisions in any future trade discussions or negotiations. Do you
think there is value in this effort?
Answer. Digital trade is an important part of the Nation's economic
health and success. If confirmed, I am committed to holding our trading
partners accountable when they violate our laws and trade commitments,
including through monitoring, identifying, and resolving trade
barriers. If confirmed, I will work with Commerce staff, and when
appropriate the Office of the United States Trade Representative, which
has primary jurisdiction over trade policy, on these issues. This
includes expeditiously addressing non-compliance matters and referrals
for dispute settlement, as needed. If confirmed, I look forward to
working with you and your staff on this important issue.
______
Prepared Statement of Hon. Ron Wyden,
a U.S. Senator From Oregon
The Finance Committee meets this morning to discuss two important
nominations for President Biden's trade policy team at the Commerce
Department.
First, Marisa Lago is nominated to serve as Under Secretary of
Commerce for International Trade. This role is all about being the
point person for trade policy at the Commerce Department, heading up
the International Trade Administration. It deals with enforcing our
trade laws to protect American jobs, breaking down barriers to
American-made exports, and getting small and medium-sized businesses
into the trade policy winners' circle. It's a wide-ranging job, but
that's why President Biden nominated somebody with a vast array of
experience in a lot of different leadership roles in public service.
Ms. Lago served during the Obama administration as Assistant
Secretary for International Markets and Development at the Treasury
Department. She previously led the Office of International Affairs for
the Securities and Exchange Commission. She was a top economic
development official for New York State and the city of Boston.
Most recently, she served as the Director of the NYC Department of
City Planning and Chair of the City Planning Commission. I'm confident
in her experience, and I'm confident in her ability to lead a large
team working on big economic challenges.
Next, Lisa Wang is nominated to serve as Assistant Secretary of
Commerce for Enforcement and Compliance. This role is all about using
some of our strongest tools for protecting American jobs and businesses
against trade ripoffs. That includes investigating and addressing
dumping by foreign companies and unfair government subsidies. The
Enforcement and Compliance office also works closely with USTR on key
trade enforcement issues.
Ms. Wang previously served as a senior attorney in the Office of
the Chief Counsel for Trade Enforcement and Compliance at the Commerce
Department. She also served as Assistant General Counsel in the Office
of the U.S. Trade Representative and has experience in private
practice. The bottom line is, she is a specialist in these areas of
trade law dealing with enforcement and compliance, and she's exactly
the right person for this job.
This committee takes a special interest in what I call getting
trade done right. It's about fighting for American jobs, businesses,
farmers, and ranchers by strongly enforcing trade laws and creating new
opportunities to sell American-made goods and services around the
world. President Biden is assembling a top-notch team for getting trade
done right. Ms. Lago and Ms. Wang will be excellent additions to that
team. I want to congratulate them on their nominations, and I'm looking
forward to our discussion.