[Senate Hearing 117-844]
[From the U.S. Government Publishing Office]


                                                        S. Hrg. 117-844

                   NOMINATION TO THE CONSUMER PRODUCT
               SAFETY COMMISSION AND THE U.S. DEPARTMENT
                              OF COMMERCE

=======================================================================

                                HEARING

                               BEFORE THE

                         COMMITTEE ON COMMERCE,
                      SCIENCE, AND TRANSPORTATION
                          UNITED STATES SENATE

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             FIRST SESSION
                               __________

                             JULY 28, 2021
                               __________

    Printed for the use of the Committee on Commerce, Science, and 
                             Transportation
                             

                  [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]                             


                Available online: http://www.govinfo.gov
                               __________

                    U.S. GOVERNMENT PUBLISHING OFFICE
                    
54-919 PDF                WASHINGTON : 2024                   


       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             FIRST SESSION

                   MARIA CANTWELL, Washington, Chair
AMY KLOBUCHAR, Minnesota             ROGER WICKER, Mississippi, Ranking
RICHARD BLUMENTHAL, Connecticut      JOHN THUNE, South Dakota
BRIAN SCHATZ, Hawaii                 ROY BLUNT, Missouri
EDWARD MARKEY, Massachusetts         TED CRUZ, Texas
GARY PETERS, Michigan                DEB FISCHER, Nebraska
TAMMY BALDWIN, Wisconsin             JERRY MORAN, Kansas
TAMMY DUCKWORTH, Illinois            DAN SULLIVAN, Alaska
JON TESTER, Montana                  MARSHA BLACKBURN, Tennessee
KYRSTEN SINEMA, Arizona              TODD YOUNG, Indiana
JACKY ROSEN, Nevada                  MIKE LEE, Utah
BEN RAY LUJAN, New Mexico            RON JOHNSON, Wisconsin
JOHN HICKENLOOPER, Colorado          SHELLEY MOORE CAPITO, West 
RAPHAEL WARNOCK, Georgia                 Virginia
                                     RICK SCOTT, Florida
                                     CYNTHIA LUMMIS, Wyoming
                    David Strickland, Staff Director
                 Melissa Porter, Deputy Staff Director
       George Greenwell, Policy Coordinator and Security Manager
                 John Keast, Republican Staff Director
            Crystal Tully, Republican Deputy Staff Director
                      Steven Wall, General Counsel

                            C O N T E N T S

                              ----------                              
                                                                   Page
Hearing held on July 28, 2021....................................     1
Statement of Senator Cantwell....................................     1
Statement of Senator Wicker......................................     3
Statement of Senator Blackburn...................................    51
Statement of Senator Thune.......................................    53
Statement of Senator Klobuchar...................................    56
Statement of Senator Markey......................................    58
Statement of Senator Rosen.......................................    59
Statement of Senator Blumenthal..................................    61
Statement of Senator Peters......................................    63
Statement of Senator Hickenlooper................................    65

                               Witnesses

Alexander D. Hoehn-Saric, Nominee to be Chair and Commissioner, 
  Consumer Product Safety Commission.............................     4
    Prepared statement...........................................     5
    Biographical information.....................................     6
Mary T. Boyle, Nominee to be Commissioner, Consumer Product 
  Safety Commission..............................................    14
    Prepared statement...........................................    15
    Biographical information.....................................    16
Richard Trumka Jr., Nominee to be Commissioner, Consumer Product 
  Safety Commission..............................................    24
    Prepared statement...........................................    25
    Biographical information.....................................    26
Grant T. Harris, Nominee to be Assistant Secretary for Industry 
  and Analysis, Department of Commerce...........................    31
    Prepared statement...........................................    33
    Biographical information.....................................    34

                                Appendix

List of organizations with letters of support for Mary Boyle.....    69
Support letter dated July 13, 2021 to Hon. Maria Cantwell and 
  Hon. Roger Wicker from Peter Tichansky, President & CEO, 
  Business Council for International Understanding...............    71
Support letter dated July 26, 2021 to Hon. Maria Cantwell and 
  Hon. Roger Wicker from Scott Eisner, President, U.S.-Africa 
  Business Center, Senior Vice President, U.S. Chamber of 
  Commerce.......................................................    72
Support letter dated March 1, 2022 to Hon. Maria Cantwell and 
  Hon. Roger Wicker from Jay Timmons, President and CEO, National 
  Association of Manufacturers...................................    73
Support letter dated March 17, 2022 to Hon. Chuck Schumer and 
  Hon. Mitch McConnell from Matt Blunt, President, American 
  Automotive Policy Council......................................    74
Support letter dated March 31, 2022 to Hon. Chuck Schumer, Hon. 
  Mitch McConnell, Hon. Maria Cantwell and Hon. Roger Wicker from 
  the American Hotel and Lodging Association, Airlines for 
  America, American Society of Travel Advisors, Cruise Lines 
  International Association, Global Business Travel Association, 
  Near Airport Parking Industry Trade Association, and the U.S. 
  Travel Association.............................................    75
Support letter dated March 23, 2022 to Senator Marco Rubio and 
  Senator Rick Scott from Suzanne NeufangCEO, Global Business 
  Travel Association (GBTA); Shanna Gregg, President, Central 
  North Florida Chapter; Alyssa Young, President, South Florida 
  Chapter; and Fabiano Laux, President, Tampa Bay Chapter........    77
Response to written questions submitted to Alexander D. Hoehn-
  Saric by:
    Hon. Kyrsten Sinema..........................................    79
    Hon. Tammy Baldwin...........................................    79
Response to written questions submitted to Mary T. Boyle by:
    Hon. Tammy Baldwin...........................................    80
    Hon. Kyrsten Sinema..........................................    81
Response to written questions submitted to Richard Trumka Jr. by:
    Hon. Kyrsten Sinema..........................................    81
    Hon. Tammy Baldwin...........................................    81
Response to written questions submitted to Grant T. Harris by:
    Hon. Tammy Baldwin...........................................    82
    Hon. Kyrsten Sinema..........................................    82
    Hon. Amy Klobuchar...........................................    83
    Hon. Roger Wicker............................................    83
    Hon. Dan Sullivan............................................    86
    Hon. Ron Johnson.............................................    87

 
                   NOMINATION TO THE CONSUMER PRODUCT
         SAFETY COMMISSION AND THE U.S. DEPARTMENT OF COMMERCE

                              ----------                              


                        WEDNESDAY, JULY 28, 2021

                                       U.S. Senate,
        Committee on Commerce, Science, and Transportation,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10 a.m., in room 
SR-253, Russell Senate Office Building, Hon. Maria Cantwell, 
Chairman of the Committee, presiding.
    Present: Senators Cantwell [presiding], Klobuchar, 
Blumenthal, Markey, Peters, Rosen, Hickenlooper, Wicker, Thune, 
Moran, and Blackburn.

           OPENING STATEMENT OF HON. MARIA CANTWELL, 
                  U.S. SENATOR FROM WASHINGTON

    The Chair. The Commerce committee will come to order. We 
have a distinguished list of nominees before our committee 
today to fill roles critical to the safety of all American 
consumers and security of our Nation's supply chain. We welcome 
the nominees and their families today. Three have been 
nominated to serve as Commissioners of the Consumer Product 
Safety Commission.
    The CPSC is very important to our Nation on various 
missions, particularly risks posed by products that consumers 
buy. In recent years, the CPSC and its leadership has 
unfortunately failed to meet this mission and hold 
manufacturers accountable for endangering American consumers 
and their families. In 2019, I released a report documenting 
concerns about the CPSC's lack of effective enforcement on 
defective infant sleepers, jogging strollers, and residential 
elevators.
    Just two weeks ago, another child was crushed in an 
elevator in a vacation home, just as the report had documented 
on the problems. This could have been prevented if the CPSC had 
taken more swift action to remedy this problem. We recently 
wrote to the CPSC to demand immediate action on these issues. 
It--this includes issuing mandatory safety standards for both 
new and existing residential elevators. And I will continue to 
ask questions about this today.
    The CPSC is particularly important in protecting the most 
vulnerable among us, especially children from unsafe products, 
whether it is unsafe crib bedding, unstable dressers, unsafe 
exercise equipment, high powered magnets embedded in toys. We 
need the CPSC to do their job and be a strong, independent 
voice. The Commission's first priority should be to American 
consumers and to providing information they need to make 
important decisions. But the CPSC too often gives deference to 
manufacturers, which means Americans don't learn about these 
hidden dangers until they are on the store shelves.
    With the rise in online shopping, consumers face entirely 
new sets of product safety and import surveillance issues. 
Often, an online platform will serve as a distributor of a 
product and manage the relationship with the consumer. Bad 
actors shouldn't be able to hide behind an online platform to 
escape accountability. Today, again, I will write to the CPSC 
to implore them to take actions and to ensure that e-commerce 
platforms are doing all they can to make sure that unsafe items 
are not sold on their platform.
    Finally, the prevalence of online consumer and small third 
party sellers on U.S. online marketplace, the way we 
traditionally conduct import surveillance to catch dangerous 
products is no longer effective. The CPSC needs to do a better 
job of monitoring this harmful projects. Today, we will 
consider three nominees to make the CPSC a stronger cop on the 
beat. I am very pleased to see Alex Hoehn-Saric, nominated to 
the Commission and Chair of CPSC. Welcome to you and your 
family. Mr. Hoehn-Saric currently serves as the Chief Counsel 
for Communications and Consumer Protection for the U.S. House 
Committee on Energy and Commerce.
    In addition, he works on legislation and oversight related 
to product safety. Mr. Hoehn-Saric has worked on consumer 
product and safety programs for many years, and I know you will 
do an outstanding job as Chair. Next, we will consider the 
nomination of Mary Boyle to be Commissioner of CPSC. Ms. Boyle, 
welcome to you and to your family. She currently serves as the 
Executive Director at the CPSC. And in her 10 years as the 
senior position at the agency, she has worked on a broad range 
of issues.
    In particular, I applaud her commitment to strengthening 
the infant safety sleep standards. And I look forward to 
hearing from you on what more we need to do in this area. And 
finally, the CPSC nominee, Mr. Richard Trumka Jr., currently 
serves as the General Counsel and safety--and Staff Director of 
the Economic and Consumer Policy Subcommittee of the U.S. House 
Committee on Oversight and Reform. Mr. Trumka has a strong 
consumer protection record in both, as in Maryland at the 
Attorney General's Office and in the House of Representatives.
    So I look forward to hearing more about your views. 
Switching gears, we will consider today the nomination of Grant 
Harris, welcome, who is nominated to be Assistant Secretary for 
Industry and Analysis at the Department of Commerce. Mr. 
Harris, welcome to you and your family. The Assistant Secretary 
for Industry and Analysis plays an important role on supply 
chain issues.
    We just had a big hearing last week about supply chain 
issues, and we want to make sure that we are taking ready 
advantage of understanding, mapping an analysis of our supply 
chain and what safety needs are there. That is why I support 
establishment of a Department of Commerce Supply Chain 
Resiliency and Crisis Response Office under the United States 
Innovation and Competitive Act.
    So we will look forward to hearing your thoughts on these 
key issues. And thank you all to all of you for your 
willingness to serve in these critical roles for our 
Government. Now, I will turn it over to my colleague, Senator 
Wicker, for his statement.

                STATEMENT OF HON. ROGER WICKER, 
                 U.S. SENATOR FROM MISSISSIPPI

    Senator Wicker. Thank you, Madam Chair, for convening this 
hearing to consider the nominations of Mr. Alex Hoehn-Saric to 
be Chairman and Commissioner of the Consumer Product Safety 
Commission; Ms. Mary Boyle and Mr. Richard Trumka Jr. to be 
Commissioners of the CPSC; and Mr. Grant Harris to the 
Assistant Secretary for Industry and Analysis at the Department 
of Commerce.
    These positions are vitally important to the safety of 
consumers and in keeping American industries competitive 
internationally. I want to welcome Mr. Hoehn-Saric back to our 
committee, where he once served as a professional staff member, 
handling consumer protection and product safety issues among 
other responsibilities. He has numerous professional 
credentials, and it is noteworthy that he currently serves as 
Chief Counsel for the Subcommittee on Consumer Protection and 
Commerce for the House Energy and Commerce committee.
    I have been engaged on matters under the CPSC's 
jurisdiction since I arrived in Congress, particularly because 
of its impact on the furniture industry of Mississippi. I look 
forward to hearing from him about his plans and goals for the 
agency should he be confirmed. Ms. Boyle has served at the CPSC 
for more than a decade. She has been Executive Director of the 
CPSC since 2018, after previously serving as Senior Counselor 
for Policy and Planning, Deputy General Counsel and General 
Counsel. Her long tenure at the CPSC gives her a unique vantage 
point to speak with insight about the significant recent 
administrative failures at the agency, including the improper 
disclosure of unredacted manufacturer and consumer data, which 
occurred for an extended period of time.
    I conducted an investigation into these unauthorized data 
disclosures while I was Chairman of this committee. We 
determined that these disclosures, which violated Section 6(b) 
of the Consumer Product Safety Act, resulted from a lack of 
training, ineffective management, and poor information 
technology implementation. I am also troubled by reports that 
the CPSC curtailed port inspections for several months last 
year. This indicates a strong probability that many more 
hazardous products slipped into the domestic market than in 
previous years.
    In fact, just yesterday I sent a letter with Senator 
Blackburn to the Government Accountability Office requesting a 
thorough, independent analysis of the CPSC's action. I am very 
interested in the information Ms. Boyle will provide to the 
Committee on these and other important topics. Mr. Trumka 
currently serves as General Counsel and Staff Director for the 
House Committee on Oversight and Reform's Subcommittee on 
Economic and Consumer Policy. That is a mouthful. Before this 
role, he worked in the Maryland Office of Attorney General and 
the Consumer Product Safety--and the Consumer Protection 
Division.
    I am hopeful his experience with consumer protection issues 
will be beneficial to the nation, if he is confirmed. Mr. 
Harris has worked in various public service roles, including 
Special Assistant to the President and Senior Director for 
African Affairs during the Obama Administration. He has also 
worked as a consultant in the private sector and has taught 
courses at the university level on strategy and political risk 
in emerging markets.
    I look forward to hearing from him about how his experience 
would strengthen the efforts of the Industry and Analysis Unit 
at the International Trade Administration as I seek to make 
U.S. industries more competitive and abroad. And I thank all of 
the nominees for their willingness to serve and their 
willingness to appear before the Committee today. Thank you, 
Madam Chair.
    The Chair. Thank you, Senator Wicker. We will now proceed 
to the nominees. Mr. Hoehn-Saric, you are up first. Thank you, 
and again, welcome.

             STATEMENT OF ALEXANDER D. HOEHN-SARIC,

             NOMINEE TO BE CHAIR AND COMMISSIONER,

               CONSUMER PRODUCT SAFETY COMMISSION

    Mr. Hoehn-Saric. Thank you. Good morning, Chair Cantwell, 
Ranking Member Wicker, and distinguished members of the 
Committee. It is an honor to be nominated by President Biden to 
serve as Chair of the Consumer Product Safety Commission. It is 
a privilege to appear before the Senate Commerce Committee. For 
5 years, I worked as a staffer on the Committee and had the 
pleasure and honor of working with many of you and your staff, 
supporting you.
    Sitting on this side of the table is humbling as I have the 
greatest respect for the Committee and the work that you do. 
Before going forward, I would like to introduce my wife Lauren 
and my son Arden, and sad that my daughter Daria is not here 
today, but she is away at camp. My wife has always been my 
strongest supporter, my partner, and the love of my life.
    And I count myself blessed every day. Our children, our 
greatest pride and joy. And not here today, but always close in 
spirit, my parents Evanne and Rudolph. My mother at the age of 
12, fled China shortly before the Communists took over. She 
grew up in Blacksburg, Virginia, in the only Chinese family for 
miles. My father grew up in Austria after leaving what was then 
Yugoslavia, where his stepfather was executed by the Nazis 
during the waning days of the war for helping the resistance. 
They met in the U.S., they fell in love, and then we are told 
that they weren't allowed to get married because mixed 
marriages weren't allowed in Virginia.
    Fortunately, they were able to go to neighboring Maryland, 
where they did get married and lived for decades before moving 
to D.C. recently. Their tenacity, caring, and work that they 
have done for the community as doctors have been touchstones 
for me throughout my life. Now, for nearly 50 years, the CPSC 
has been tasked with a vital mission, it is to protect 
consumers, the public, from unreasonable risk of injury and 
death associated with the use of consumer products. This 
description, however, fails to capture the lives that are saved 
when the agency does its job well or the tragic consequences 
when it falls short.
    When non-compliant products make it into consumers' homes, 
harms suffered can be immense. As you said, defective elevators 
can crush infant children. Infants can die as a result of 
poorly designed products, and shoddily made electronics can 
burn homes to the ground. I have been fortunate to work with 
the members of the Committee on a range of laws implemented by 
the CPSC, including the Consumer Product Safety Improvement 
Act, the Virginia Graeme Baker Pool Spa Safety Act, the COVID-
19 Relief and Work from Home Safety Act, and the Portable Fuel 
Containers Safety Act, to name a few. And these laws have saved 
lives, prevented property damage and prevented the heartbreak 
that happens when a child or a loved one is lost.
    I have also had the privilege of working with the staff of 
the CPSC and witnessed their dedication to the mission of the 
agency. And I worked with consumer groups and industry to 
address difficulties facing the Commission in today's rapidly 
changing marketplace. If confirmed, I commit to working with 
the Committee, other Commissioners, and staff to protect the 
public and help to take the agency into the modern age. 
Specifically, the CPSC must meet consumers where they are, and 
more and more, that is the online world. The public has a right 
to expect that the products they buy online are as safe as the 
ones they buy at the corner store.
    Unfortunately, that is not always the case. The CPSC also 
must do a better job with the ports. You know, approximately 50 
percent of the products available are imports, but an estimated 
75 percent--they identified a lot of products are imported 
products. So if confirmed, I will use CPSC's resources 
strategically, coordination with other Government agencies to 
slow and try and reduce the flow of violent products coming 
into the country.
    And finally, the CPSC must work deliberately but quickly in 
all of its endeavors. This includes working with industry to 
develop voluntary, strong, voluntary safety standards and, 
where appropriate, adopt CPSC developed standards consistent 
with the law. Uncertainty in the marketplace doesn't benefit 
consumers and doesn't benefit industry.
    If confirmed, I will work with staff and fellow 
Commissioners to make CPSC more efficient and engage with 
stakeholders. In closing, I want to assure you that if 
confirmed, I will be your partner in protecting the health and 
well-being of consumers. Thank you for your consideration. I 
look forward to answering your questions.
    [The prepared statement and biographical information of Mr. 
Hoehn-Saric follow:]

Prepared Statement of Alexander D. Hoehn-Saric, Nominee to be Chair and 
            Commissioner, Consumer Product Safety Commission
    Good morning Chair Cantwell, Ranking Member Wicker, and 
distinguished members of the Committee. It is an honor to have been 
nominated by President Biden to Chair the Consumer Product Safety 
Commission (CPSC).
    And it is a special privilege to appear before the Senate Commerce 
Committee. For five years, I worked as a staffer on the Committee and 
had the pleasure of supporting many of you and your staff. Sitting on 
this side of the table is humbling as I have the greatest respect for 
the Committee and the work that you do.
    Before going forward, I'd like to introduce my wife, Loren, and my 
son, Arden. I'm sad that my daughter, Daria, is not here, but she is 
away at camp. My wife has always been my strongest supporter, my 
partner, and the love of my life. Every day, I count myself blessed. 
And our children are our greatest joy and accomplishments.
    Not here today, but always close in spirit, are my parents, Evanne 
and Rudolf. My mother, at the age of 12, fled from China shortly before 
the Communists took over. She grew up in Blacksburg, Virginia, in the 
only Chinese family for miles. My father grew up in Austria after 
leaving then-Yugoslavia where his step-father was executed by the Nazis 
in the waning days of the war for helping the resistance. They met in 
the U.S., fell in love, and then were told that mixed marriages were 
not allowed in Virginia. These were the days before Loving v. Virginia. 
Luckily, they were able to get married in neighboring Maryland where 
they lived for decades before moving to D.C. Their tenacity, caring, 
and dedication as doctors serving their community have been touchstones 
throughout my life.
    For nearly 50 years, the CPSC has been tasked with a vital mission: 
protecting the public from unreasonable risks of injury and death 
associated with the use of consumer products. This description, 
however, fails to adequately capture the lives saved when the 
Commission does its job well or the tragic consequences when it falls 
short. When noncompliant products make it into consumers' homes, the 
harms suffered can be immense. Defective elevators can crush small 
children, infants can die as result of using poorly designed products, 
and shoddily made electronics can burn houses to the ground.
    I have been fortunate to work with members of this Committee on a 
range of laws implemented by the CPSC, including the Consumer Product 
Safety Improvement Act, the Virginia Graeme Baker Pool and Spa Safety 
Act, the COVID-19 Regulatory Relief and Work from Home Safety Act, and 
the Portable Fuel Container Safety Act. These laws have saved lives, 
reduced property damage, and prevented the heartbreak that comes when a 
child or loved one is lost.
    I also have had the privilege of working with the staff of the CPSC 
and witnessed their dedication to the agency's mission. And I have 
worked with consumer groups and industry to address difficulties facing 
the Commission in today's rapidly changing marketplace.
    If confirmed, I commit to working with the members of this 
Committee, the other Commissioners, and CPSC staff to protect the 
public and help the agency take on the challenges of the modern age.
    Specifically, the CPSC must meet consumers where they are. More and 
more this means the online world. The public has a right to expect that 
the products they buy online are as safe as those they buy at the 
corner store. Unfortunately, that is not always true.
    The CPSC also must do a better job at the ports. Imports represent 
less than half of the consumer products available in the country, but 
they constitute approximately 75 percent of identified noncompliant 
products. If confirmed, I will use CPSC's resources strategically, in 
coordination with other government agencies, to reduce the flow of 
violative products entering the country.
    Finally, the CPSC must work deliberatively but quickly in all its 
endeavors. This includes working with industry to develop strong 
voluntary safety standards, and where appropriate, adopt CPSC developed 
standards, consistent with the law. Uncertainty in the marketplace does 
not benefit consumers or industry. If confirmed, I will work with the 
staff and my fellow Commissioners to make the agency more efficient and 
engaged with stakeholders.
    In closing, I want to assure you that, if confirmed, I will be your 
partner in protecting the health and well-being of consumers.
    I thank you for your consideration of my nomination and would be 
happy to answer your questions.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used):

        Alexander Dennis Hoehn-Saric (Alex).

    2. Position to which nominated: Chair and Commissioner, Consumer 
Product Safety Commission.
    3. Date of Nomination: July 13, 2021.
    4. Address (List current place of residence and office addresses):

        Residence: Information not released to the public.
        Office: 2125 Rayburn House Office Building, Washington, DC 
        20515.

    5. Date and Place of Birth: June 2, 1969; Baltimore, Maryland.
    6. Provide the name, position, and place of employment for your 
spouse (if married) and the names and ages of your children (including 
stepchildren and children by a previous marriage).

        Spouse: Loren Mayor, Chief Operating Officer World Wildlife 
        Fund.

    7. List all college and graduate degrees. Provide year and school 
attended.

        JD, UCLA School of Law, 1995
        AB, University of Chicago, 1991

    8. List all post-undergraduate employment, and highlight all 
management level jobs held and any non-managerial jobs that relate to 
the position for which you are nominated.

        U.S. House Energy & Commerce Committee*
---------------------------------------------------------------------------
    \*\ Denotes management-level jobs
---------------------------------------------------------------------------
                Chief Counsel, Communications and Consumer Protection, 
                2019 to present
                Chief Counsel for Subcommittee on Communication and 
                Technology, 2018-2019

        Charter Communications
                Senior Vice President, Government Affairs, 2013-2018

        Federal Communications Commission,
                Policy Director (Office of Commissioner Rosenworcel), 
                2012-2013

        Department of Commerce*
                Deputy General Counsel for Strategic Initiatives, 2011-
                2012

        U.S. Senate Committee on Commerce, Science, and Transportation*
                Senior Counsel for Subcommittee on Consumer Protection, 
                Product Safety and Insurance, 2010-2011
                Counsel for the Subcommittee on Communications, 2008-
                2010
                Counsel for Subcommittee on Consumer Affairs, Insurance 
                and Automotive Safety, 2007-2008

        Office of Senator Barbara Boxer, Counsel, 2005-
        2006
---------------------------------------------------------------------------
    \\ Denotes non-management jobs that related to the position 
for which I am nominated.

---------------------------------------------------------------------------
        Latham & Watkins, Associate, 1999-2005

        Sullivan & Cromwell, Associate, 1996-1999

        U.S. District Court for the District of Maryland,
        Law Clerk to the Honorable Benson Everett Legg, 1995-1996

        Jenner & Block,
                Paralegal Assistant, 1991-1992

    9. Attach a copy of your resume.
    Attached.
    10. List any advisory, consultative, honorary, or other part-time 
service or positions with Federal, State, or local governments, other 
than those listed above, within the last ten years. None.
    11. List all positions held as an officer, director, trustee, 
partner, proprietor, agent, representative, or consultant of any 
corporation, company, firm, partnership, or other business, enterprise, 
educational, or other institution within the last ten years.
    Senior Vice President, Charter Communications.
    12. Please list each membership you have had during the past ten 
years or currently hold with any civic, social, charitable, 
educational, political, professional, fraternal, benevolent or 
religiously affiliated organization, private club, or other membership 
organization. (For this question, you do not have to list your 
religious affiliation or membership in a religious house of worship or 
institution.) Include dates of membership and any positions you have 
held with any organization. Please note whether any such club or 
organization restricts membership on the basis of sex, race, color, 
religion, national origin, age, or disability.

        DC Bar Association
        Role and tenure: Member, 1998 to present

        VA Bar Association
        Role and tenure: Associate Member, 2001 to present

        Glen Echo Height Citizens' Association
        Role and tenure: Member, 2012 (est.) to present
        Description: Neighborhood association that organizes community 
        events and shares local information. I have a general 
        membership.

        Mohican Swimming Pool Association
        Role and tenure: Member, 2013 (est.) to present
        Description: Neighborhood pool. I have a general membership.

        Multicultural Media, Telecom and Internet Council (MMTC)
        Role and tenure: Member of Board of Advisors, 2017-18 (est.)
        Description: MMTC is a non-profit organization dedicated to 
        promoting equal access and representation in tech, media, and 
        telecommunications through opportunity creation, awareness 
        building, and advocacy. As an employee of Charter 
        Communications, I was designated to represent the company on 
        MMTC's board of advisors.

        Federal Communications Bar Association
        Role and tenure: I have been a member off and on over the past 
        10 years. I have no record of exact years. I am not currently a 
        member.

        No club or organization listed herein restricts membership on 
        the basis of sex, race, color, religion, national origin, age 
        or disability.

    13. Have you ever been a candidate for and/or held a public office 
(elected, non elected, or appointed)? If so, indicate whether any 
campaign has any outstanding debt, the amount, and whether you are 
personally liable for that debt.
    I have not been a candidate for or held public office.
    14. List all memberships and offices held with and services 
rendered to, whether compensated or not, any political party or 
election committee within the past ten years. If you have held a paid 
position or served in a formal or official advisory position (whether 
compensated or not) in a political campaign within the past ten years, 
identify the particulars of the campaign, including the candidate, year 
of the campaign, and your title and responsibilities.

        Volunteer, Democratic Congressional Campaign, Committee phone 
        banking effort (October 17, 2018)

        Volunteer, Hillary Clinton, Tech & Innovation Policy Working 
        Group, (summer-fall 2016)

        Volunteer, Senator Pryor reelection campaign (fall 2014)

    15. Itemize all political contributions to any individual, campaign 
organization, political party, political action committee, or similar 
entity of $200 or more for the past ten years.
    Attached
    16. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements. None.
    17. Please list each book, article, column, Internet blog posting, 
or other publication you have authored, individually or with others. 
Include a link to each publication when possible. Also list any 
speeches that you have given on topics relevant to the position for 
which you have been nominated. Do not attach copies of these 
publications unless otherwise instructed.
    I have not published books, articles, columns, or Internet blog 
posts.
    In my capacity as a Federal employee, while I have not given formal 
speeches, I have spoken on conference panels and to outside parties on 
a variety of matters, including consumer protection issues.
    18. List all digital platforms (including social media and other 
digital content sites) on which you currently or have formerly operated 
an account, regardless of whether or not the account was held in your 
name or an alias. Include the name of an ''alias'' or ``handle'' you 
have used on each of the named platforms. Indicate whether the account 
is active, deleted, or dormant. Include a link to each account if 
possible.

        LinkedIn: Alexander Hoehn-Saric (active)
        https://www.linkedin.com/in/alexander-hoehn-saric-7851a265

        Instagram: hoehnsaric (active)

        Facebook: Alex Hoehn-Saric (dormant)

        Twitter: @hoehnsaric (active)
        https://twitter.com/hoehnsaric?lang=en

        Reddit: GrunkleStanley and hoehnsaric (active)

        Clubhouse: Alex Hoehn-Saric (dormant)

    19. Please identify each instance in which you have testified 
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each 
testimony. None.
    20. Given the current mission, major programs, and major 
operational objectives of the department/agency to which you have been 
nominated, what in your background or employment experience do you 
believe affirmatively qualifies you for appointment to the position for 
which you have been nominated, and why do you wish to serve in that 
position?
    If confirmed, my government background will serve me well. My 
career in government service has focused on consumer protection issues, 
including consumer product safety. I have had the privilege of working/
or and with Members of Congress in both the U.S. House of 
Representatives and the U.S. Senate as the lead committee counsel 
responsible for the oversight of the Consumer Product Safety Commission 
(CPSC), consumer product safety matters, and legislative efforts to 
reform the agency and address specific unreasonably dangerous products. 
As a result, I am extremely familiar with the issues and obstacles that 
the CPSC faces today.
    As chief counsel for the U.S. House Energy & Commerce Committee, I 
meet with a wide range of stakeholders, including consumer groups, 
companies, associations, regulators, and individuals who have been 
personally harmed by consumer products. I lead a team that follows 
consumer product trends in the marketplace, examines agency resources, 
and considers the legal authority currently available to the CPSC. At 
the direction of the Chairman, I have organized Congressional hearings, 
conducted oversight, and worked on legislation regarding consumer 
product safety matters.
    My work at the Department of Commerce (Commerce) and the Federal 
Communications Commission (FCC) also help qualify me for the position. 
At the FCC, I worked with commissioners and staff to advance the 
mission of the agency. I learned the importance of working with closely 
with staff as well as the importance of building working relationships 
among commissioner offices. At Commerce, I worked to ensure that the 
department operated consistent with its legal authority while advancing 
its mission. I believe my experience in the executive branch, on 
Capitol Hill, and in an independent agency prepare me for the important 
work of the CPSC.
    I am interested in serving on the CPSC because of the passion I 
have for consumer protection and product safety. I am dedicated to 
public service and the CPSC's mission to protecting consumers from 
unreasonably dangerous products. I deeply believe that my prior service 
and commitment to consumer protection provide me an important 
perspective on the challenges facing the CPSC. If confirmed, I hope to 
improve consumer product safety for all Americans and make a lasting 
impact on the CPSC.
    21. What do you believe are your responsibilities, if confirmed to 
ensure that the department/agency has proper management and accounting 
controls, and what experience do you have in managing a large 
organization?
    If confirmed as Chairman, my role will be to ensure that the 
commission has proper management and accounting controls, including 
appropriate checks and transparency. I have experience working in large 
organizations, at independent agencies and in conducting oversight of 
government agencies so I understand the fundamentals of what is needed.
    I will work with my fellow commissioners to ensure appropriate 
operational, financial oversight and reporting mechanisms are in place. 
My experience on Capitol Hill involved significant oversight of 
independent agencies, including the CPSC. I believe that this 
experience can be applied to the practical management of the CPSC.
    I fully understand the need for accountability and transparency in 
the management of an independent agency, which is authorized by 
Congress and supported by public funds.
    22. What do you believe to be the top three challenges facing the 
department/agency, and why?
    I believe the top three challenges facing the CPSC are as follows:

  1.  The growth of online shopping for consumer products. There is an 
        ongoing shift from the traditional model of retailers who buy 
        and resell to consumers to the online sale of consumer products 
        sold directly to consumers from manufacturers or through online 
        shopping platforms. CPSC has a long history of working with 
        brick-and-mortar retailers and manufacturers to effectuate 
        recalls and prevent the sale of recalled products. Processes to 
        effectively monitor online sales for unreasonably dangerous 
        consumer products and effectuate recalls are still evolving in 
        the online world. Sellers on online platforms are often based 
        overseas and there is less accountability for the quality of 
        the products. Moreover, because such sellers may ship directly 
        to customers, it is more difficult for the CPSC to identify and 
        stop unreasonable dangerous products from reaching consumers. 
        It is estimated that e-commerce shipments regulated by CPSC 
        will reach $425 billion by 2023. The agency must have the tools 
        and capabilities to manage this shift in the way consumers 
        purchase goods.

  2.  Strengthening the woriforce. Without a knowledgeable, motivated, 
        diverse, and flexible woriforce, it is difficult to advance 
        CPSC's safety mission, particularly in the areas of compliance, 
        prevention, stakeholder outreach, rulemaking, and enforcement. 
        Woriforce development is a challenge because of the relatively 
        small size of the agency compared to the breadth of its 
        mandate. The woriforce must have the knowledge, training, 
        skills, and resources to manage a changing marketplace with 
        evolving risks. Moreover, as priorities change, management must 
        encourage and leverage employees from different backgrounds to 
        maximize their potential and achieve the agency's goals. 
        Without building and retaining a skilled, motivated, and 
        diverse woriforce that has the necessary tools and resources, 
        ongoing voluntary and mandatory rulemaking efforts will be 
        delayed, unreasonably dangerous consumer products will remain 
        in the market longer than necessary, and companies may not have 
        the information or incentives to prioritize product safety.

  3.  Communications. Effective communications that engages consumers, 
        stakeholders, and the safety community is critical for the 
        success of the agency. As discussed above, the rise of e-
        commerce has created more opportunities for manufacturers, 
        including overseas manufacturers, to sell directly to 
        consumers. CPSC needs to work on improving communication with 
        consumers purchasing online, small manufacturers, and online e-
        commerce platforms. In addition, reaching at risk populations, 
        including traditionally disadvantages communities, as well as 
        gathering injury data relevant to these populations is 
        difficult but necessary to advance CPSC's safety mission. Tools 
        need to be developed to better engage communities that 
        historically have not received the appropriate level of 
        attention to ensure consumers are informed and the agency takes 
        those populations into consideration during rulemakings and 
        other activities. Finally, communicating unreasonable risk of 
        injury or death related to specific products can be a challenge 
        depending on the willingness of a manufacturer to engage with 
        the CPSC. Working with stakeholders, including manufacturers, 
        retailers, and online platforms to expedite meaningful warnings 
        to consumers where appropriate will reduce the risk of injuries 
        and deaths to consumers.
                   b. potential conflicts of interest
    1. Describe all financial arrangements, deferred compensation 
agreements, and other continuing dealings with business associates, 
clients, or customers. Please include information related to retirement 
accounts.
    I have a rollover IRA and Federal retirement account. My wife has a 
rollover IRA and defined contribution retirement accounts with World 
Wildlife Fund.
    2. Do you have any commitments or agreements, formal or informal, 
to maintain employment, affiliation, or practice with any business, 
association or other organization during your appointment? If so, 
please explain. No.
    3. Indicate any investments, obligations, liabilities, or other 
relationships which could involve potential conflicts of interest in 
the position to which you have been nominated. Explain how you will 
resolve each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the CPSC's DAEO to identify 
potential conflicts of interest. Any potential conflicts of interest 
will be resolved in accordance with the terms of the ethics agreement I 
have entered into with CPSC's DAEO and that has been provided to this 
Committee. I am not aware of any other potential conflicts of interest.
    4. Describe any business relationship, dealing, or financial 
transaction which you have had during the last ten years, whether for 
yourself, on behalf of a client, or acting as an agent, that could in 
any way constitute or result in a possible conflict of interest in the 
position to which you have been nominated. Explain how you will resolve 
each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the CPSC's DAEO to identify 
potential conflicts of interest. Any potential conflicts of interest 
will be resolved in accordance with the terms of the ethics agreement I 
have entered into with CPSC's DAEO and that has been provided to this 
Committee. I am not aware of any other potential conflicts of interest.
    5. Identify any other potential conflicts of interest, and explain 
how you will resolve each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the CPSC's DAEO to identify 
potential conflicts of interest. Any potential conflicts of interest 
will be resolved in accordance with the terms of the ethics agreement I 
have entered into with CPSC's DAEO and that has been provided to this 
Committee. I am not aware of any other potential conflicts of interest.
    6. Describe any activity during the past ten years, including the 
names of clients represented, in which you have been engaged for the 
purpose of directly or indirectly influencing the passage, defeat, or 
modification of any legislation or affecting the administration and 
execution of law or public policy.
    In my positions working on the US. House Energy and Commerce 
Committee, the U.S. Senate Committee on Commerce, Science, and 
Transportation, and in the office of Senator Boxer, my professional 
responsibilities included working directly on the drafting and 
disposition of legislation and the oversight of the agencies within the 
jurisdiction of the respective committees.
    While at Charter Communications, I worked on a number of 
proceedings before the Federal Communications Commission, including two 
merger proceedings in which Charter was a party. In addition, I worked 
on numerous proceeding including proceedings related to closed 
captioning, the implementation of Section 103 of the STELA 
Reauthorization Act, the reclassification of broadband, the 
modernization of the E-rate program, and business data services. I was 
not a lobbyist. I did provide support to the government affairs team on 
legislative issues as requested, including related to tax reform 
legislation, retransmission consent reform, and set-top box 
requirements.
                            c. legal matters
    1. Have you ever been disciplined or cited for a breach of ethics, 
professional misconduct, or retaliation by, or been the subject of a 
complaint to, any court, administrative agency, the Office of Special 
Counsel, professional association, disciplinary committee, or other 
professional group? No.

  a.  Provide the name of agency, association, committee, or group;

  b.  Provide the date the citation, disciplinary action, complaint, or 
        personnel action was issued or initiated;

  c.  Describe the citation, disciplinary action, complaint, or 
        personnel action;

  d.  Provide the results of the citation, disciplinary action, 
        complaint, or personnel action.

    2. Have you ever been investigated, arrested, charged, or held by 
any Federal, State, or other law enforcement authority of any Federal, 
State, county, or municipal entity, other than for a minor traffic 
offense? If o, please explain. No.
    3. Have you or any business or nonprofit of which you are or were 
an officer ever been involved as a party in an administrative agency 
proceeding, criminal proceeding, or civil litigation? If so, please 
explain. No.
    4. Have you ever been convicted (including pleas of guilty or nolo 
contendere) of any criminal violation other than a minor traffic 
offense? If so, please explain. No.
    5. Have you ever been accused, formally or informally, of sexual 
harassment or discrimination on the basis of sex, race, religion, or 
any other basis? If so, please explain. No.
    6. Please advise the Committee of any additional information, 
favorable or unfavorable, which you feel should be disclosed in 
connection with your nomination.
    No additional information.
                     d. relationship with committee
    1. Will you ensure that your department/agency complies with 
deadlines for information set by congressional committees, and that 
your department/agency endeavors to timely comply with requests for 
information from individual Members of Congress, including requests 
from members in the minority? Yes.
    2. Will you ensure that your department/agency does whatever it can 
to protect congressional witnesses and whistle blowers from reprisal 
for their testimony and disclosures? Yes.
    3. Will you cooperate in providing the Committee with requested 
witnesses, including technical experts and career employees, with 
firsthand knowledge. of matters of interest to the Committee? Yes.
    4. Are you willing to appear and testify before any duly 
constituted committee of the Congress on such occasions as you may be 
reasonably requested to do so? Yes.
                                 ______
                                 
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
                                 

    The Chair. Thank you, Mr. Hoehn-Saric. And thank you to 
your family and for their perseverance as well. Ms. Boyle, 
welcome. Thank you for being here.

   STATEMENT OF MARY T. BOYLE, NOMINEE TO BE A COMMISSIONER, 
               CONSUMER PRODUCT SAFETY COMMISSION

    Ms. Boyle. Good morning, Chair Cantwell, Ranking Member 
Wicker, and distinguished members of the Committee. As the 
current Executive Director of the U.S. Consumer Product Safety 
Commission and a member of the Senior Executive Service, I am 
deeply honored to be considered for an appointment as a 
Commissioner of the CPSC, and I thank you for giving me the 
opportunity to testify today. I also want to thank my husband 
of 30 years, EJ Dionne, for his unwavering support, as well as 
my three adult children, James, Julia and Margot.
    I was a stay at home mom for many years, the job I consider 
to be the most important one I have held. Their love and 
enthusiastic support of my professional career is a source of 
great joy to me. I also want to thank and recognize the current 
members of the Commission, Acting Chairman Robert Adler, Elliot 
Kaye, Dana Baiocco, and Peter Feldman.
    I have seen up close their commitment to advancing the 
critical CPSC safety mission, and if I am fortunate enough to 
receive confirmation, I look forward to working with 
Commissioners Biacco and Feldman and my fellow nominees Alex 
Hoehn-Saric and Richard Trumka Jr.--to continue advancing that 
mission on behalf of the American people. I have had a lifelong 
commitment to public service and a strong belief in the power 
of our Government to protect the public, particularly the most 
vulnerable. Let me briefly explain why.
    I grew up in Brooklyn, New York, and I am the fifth of six 
children, all brothers, I might add. My father died when I was 
7 years old, and I grew up in a single parent household raised 
by my mother. Through her incredible strength and love, my 
siblings and I thrived despite difficult circumstances and few 
resources. All of us attended college, the first generation in 
our family to do so. If she were here today, my mother would 
downplay everything she did to nurture our success. Instead, 
she would point to all of the help we received from our 
community, from our church, and she would always say from the 
Government pointing to Social Security, Pell Grants, and other 
assistance we received along the way.
    My mother, who worked for many years as a hospital 
Secretary to support us, would have been very wrong to downplay 
her role. She was a remarkable person, but very much right 
about the importance of the Government in providing a safety 
net for my family. And to me, that is exactly what the CPSC 
does. It provides a safety net for the public. I have served in 
a variety of roles since coming to the CPSC more than 10 years 
ago, as Deputy General Counsel, General Counsel, and now as 
Executive Director. And I have been working to help ensure that 
that safety net is in place as broadly as possible.
    I strongly believe the consumers need to be able to go 
about their daily lives without worrying that products they 
interact with every day, washing machines, cell phones, 
batteries, toys and treadmills, to name a few, do not injure, 
maim, or kill them. My experience as a mother has taught me the 
particular importance of the CPSC's role in protecting children 
and helping parents avoid the heartbreaking consequences caused 
by unsafe products.
    If I am confirmed, I am committed to bringing special focus 
to protecting this vulnerable population. Consumers expect 
products to be safe. They deserve products to be safe. It is 
our responsibility to make sure that happens using all of the 
tools at our disposal to do so, through recalls, rulemaking, 
litigation, regulatory enforcement, work with voluntary 
standards organizations, and timely communication of 
information to the public.
    In closing, I would like to pay tribute to the CPSC career 
staff of which I have had the privilege of being a part for 
more than a decade. Their professionalism, commitment to public 
service, and dedication to the CPSC mission inspire me every 
day. It has been my honor to work by their side, and if I am 
confirmed, I hope to make them proud. Thank you, and I look 
forward to your questions.
    [The prepared statement and biographical information of Ms. 
Boyle follows:]

  Prepared Statement of Mary T. Boyle, Nominee to be a Commissioner, 
                   Consumer Product Safety Commission
    Good morning Chair Cantwell, Ranking Member Wicker, and 
distinguished members of the Committee. As the current Executive 
Director of the U.S. Consumer Product Safety Commission (CPSC) and a 
member of the Senior Executive Service, I am deeply honored to be 
considered for an appointment as a Commissioner of the CPSC, and I 
thank you for giving me the opportunity to testify today.
    I also want to thank my husband of 30 years, EJ Dionne, for his 
unwavering support as well as my three adult children, James, Julia, 
and Margot. I was a stay--at--home mom for many years, the job I 
consider to be the most important one I have held. Their love and 
enthusiastic support of my professional career is a source of great joy 
to me.
    I also want to thank and recognize the current members of the 
Commission: Acting Chairman Robert Adler, Elliot Kaye, Dana Baiocco, 
and Peter Feldman. I have seen up close their commitment to advancing 
the critical CPSC safety mission, and if I am fortunate enough to 
receive confirmation, I look forward to working with Commissioners 
Baiocco and Feldman, and my fellow nominees, Alex Hoehn--Saric and 
Richard Trumka, Jr. to continue advancing that mission on behalf of the 
American people.
    I have had a lifelong commitment to public service and a strong 
belief in the power of our government to protect the public, 
particularly the most vulnerable. Let me briefly explain why.
    I grew up in Brooklyn, New York and am the fifth of six children. 
All brothers, I might add. My father died when I was seven years old 
and I grew up in a single parent household, raised by my mother. 
Through her incredible strength and love, my siblings and I thrived 
despite difficult circumstances and few resources: All of us attended 
college, the first generation in our family to do so.
    If she were here today, my mother would downplay everything she did 
to nurture our success. Instead, she would point to all of the help we 
received from our community, from our church--and, she would always 
say--from the government, pointing to social security, Pell grants, and 
other assistance we received along the way. My mother, who worked for 
many years as a hospital secretary to support us, would have been very 
wrong to downplay her role--she was a remarkable person--but very much 
right about the importance of the government in providing a safety net 
for my family.
    And to me, that is exactly what the CPSC does: it provides a safety 
net for the public. I have served in a variety of roles since coming to 
the CPSC more than ten years ago--as Deputy General Counsel, General 
Counsel, and now as Executive Director--and I have been working to help 
ensure that that safety net is in place as broadly possible. I believe 
strongly that consumers need to be able to go about their daily lives 
without worrying that products they interact with every day--washing 
machines, cell phones, batteries, toys, and treadmills to name just a 
few--do not injure, maim, or kill them. My experience as a mother has 
taught me the particular importance of the CPSC's role in protecting 
children and in helping parents avoid the heartbreaking consequences 
caused by unsafe products. If I am confirmed, I am committed to 
bringing special focus to protecting this vulnerable population.
    Consumers expect products to be safe. They deserve products to be 
safe. It is our responsibility to make sure that happens, using all of 
the tools at our disposal to do so: through recalls, rulemaking, 
litigation, regulatory enforcement, work with voluntary standards 
organizations, and timely communication of information to the public.
    In closing, I would like to pay tribute to CPSC career staff, of 
which I have had the privilege of being a part for more than a decade. 
Their professionalism, commitment to public service, and dedication to 
the CPSC mission inspire me every day. It has been my honor to work by 
their side, and if I am confirmed, I hope to make them proud. Thank you 
and I look forward to your questions.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used):

        Mary T. Boyle (occasionally known by married name: Mary Dionne 
        or Mary Boyle Dionne).

    2. Position to which nominated: Commissioner, U.S. Consumer Product 
Safety Commission.
    3. Date of Nomination: July 2, 2021.
    4. Address (List current place of residence and office addresses):

        Residence: Information not released to the public.
        Office: 4330 East West Highway, Bethesda, MD 20814.

    5. Date and Place of Birth: March 9, 1963; Brooklyn, NY.
    6. Provide the name, position, and place of employment for your 
spouse (if married) and the names and ages of your children (including 
stepchildren and children by a previous marriage).

        Spouse: EJ Dionne
        Employment: Professor, Georgetown University; Senior fellow, 
        The Brookings Institution; Op-Ed Columnist, The Washington 
        Post; Professor, Harvard University.

        Children: Eugene James Dionne, age 28; Julia Lucy Dionne, age 
        26; Margot Driscoll Dionne, age 23.

    7. List all college and graduate degrees. Provide year and school 
attended.

         Bachelor of Arts, Georgetown University, 1981-85
         Juris Doctor, University of Virginia, 1988-91

    8. List all post-undergraduate employment, and highlight all 
management-level jobs held and any non-managerial jobs that relate to 
the position for which you are nominated.

        District Office Scheduler, Office of Congressman Stephen J. 
        Solarz (1985-86)

        Staff Assistant, Subcommittee on Asian and Pacific Affairs, 
        House Foreign Affairs Committee (1986-88)

        Law Clerk, United Mine Workers Health and Retirement Funds, 
        Summer 1989

        Summer Associate, Paul Hastings Law Firm, Summer 1990

        Associate, Paul Hastings Law Firm, 1991-1992

        Contract Attorney, Paul Hastings Law Firm, 2003-04.

        Grants Administrator; Affordable Housing Coordinator, City of 
        Gaithersburg, 2005-2008

        Executive Director; Consumer Product Commission, 2018 to 
        present. Prior to this position, I served in a variety of 
        senior roles at CPSC since 2010 including as General Counsel 
        and Deputy General Counsel. My role at the Commission over the 
        course of more than a decade, in both managerial and non-
        managerial roles, relates directly to the position for which I 
        am being nominated.

    9. Attach a copy of your resume.
    Attachment 1
    10. List any advisory, consultative, honorary, or other part-time 
service or positions with Federal, State, or local governments, other 
than those listed above, within the last ten years. None.
    11. List all positions held as an officer, director, trustee, 
partner, proprietor, agent, representative, or consultant of any 
corporation, company, firm, partnership, or other business, enterprise, 
educational, or other institution within the last ten years.
    I hold a 5 percent passive investment interest as a limited partner 
in Be Rockaway Enterprises, an LLC that owns a commercial property in 
Rockaway, NY.
    12. Please list each membership you have had during the past ten 
years or currently hold with any civic, social, charitable, 
educational, political, professional, fraternal, benevolent or 
religiously affiliated organization, private club, or other membership 
organization. (For this question, you do not have to list your 
religious affiliation or membership in a religious house of worship or 
institution.). Include dates of membership and any positions you have 
held with any organization. Please note whether any such club or 
organization restricts membership on the basis of sex, race, color, 
religion, national origin, age, or disability.

   Member of the Bar, Maryland (1991 to present) and the 
        District of Columbia (1993 to present)

   Member, Many Hands Grant Making Organization (2017 to 
        present)

   Palisades swim and tennis club (2005-2021)

    13. Have you ever been a candidate for and/or held a public office 
(elected, non-elected, or appointed)? If so, indicate whether any 
campaign has any outstanding debt, the amount, and whether you are 
personally liable for that debt. No.
    14. List all memberships and offices held with and services 
rendered to, whether compensated or not, any political party or 
election committee within the past ten years. If you have held a paid 
position or served in a formal or official advisory position (whether 
compensated or not) in a political campaign within the past ten years, 
identify the particulars of the campaign, including the candidate, year 
of the campaign, and your title and responsibilities. None.
    15. Itemize all political contributions to any individual, campaign 
organization, political party, political action committee, or similar 
entity of $200 or more for the past ten years. None.
    16. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements.

   Special Act Award, CPSC, 2020, for Outstanding Leadership 
        during pandemic

   Chairman's Award, CPSC, 2015, Leadership in Administrative 
        Litigation

   Chairman's Award, CPSC, 2013, Leadership as Acting General 
        Counsel

   Special Act Award, CPSC, 2012, Leadership as Acting General 
        Counsel

   Meritorious Service Award, CPSC, 2012, Public Database 
        Rulemaking

   Outstanding Service Award, City of Gaithersburg, 2008, 
        Affordable Housing

    17. Please list each book, article, column, Internet blog posting, 
or other publication you have authored, individually or with others. 
Include a link to each publication when possible. Also list any 
speeches that you have given on topics relevant to the position for 
which you have been nominated. Do not attach copies of these 
publications unless otherwise instructed.

   No books, articles, columns or other publications to report

   I have given brief introductory remarks at the CPSC Day at 
        the annual International Consumer Product Health and Safety 
        Organization conference in 2019, 2020, and 2021 in my capacity 
        as Executive Director.

   In July, 2016, I spoke via webinar to the Retail Industry 
        Association's Products Safety Committee about CPSC reporting 
        obligations, civil penalties, and effective compliance 
        programs.

   In September 2016, I spoke to the International Bar 
        Association Annual conference, providing an overview of CPSC 
        functions, jurisdiction, reporting obligations, and recall 
        authority, among other general topics related to the agency.

    18. List all digital platforms (including social media and other 
digital content sites) on which you currently or have formerly operated 
an account, regardless of whether or not the account was held in your 
name or an alias. Include the name of an ``alias'' or ``handle'' you 
have used on each of the named platforms. Indicate whether the account 
is active, deleted, or dormant. Include a link to each account if 
possible.
    https://twitter.com/MaryTBrooklyn (dormant)
    I have no other social media accounts, currently or in the past.
    19. Please identify each instance in which you have testified 
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each 
testimony.
    I testified before the Subcommittee on Postsecondary Education, 
Committee on Labor, U.S. House of Representatives, on May 13, 1985. I 
was a college senior and the testimony related to the impact of 
education cuts.
    20. Given the current mission, major programs, and major 
operational objectives of the department/agency to which you have been 
nominated, what in your background or employment experience do you 
believe affirmatively qualifies you for appointment to the position for 
which you have been nominated, and why do you wish to serve in that 
position?
    My more than a decade of service at the CPSC across multiple 
organizational units, including as General Counsel, and currently as 
Executive Director, equips me with a depth of knowledge and expertise 
on consumer safety issues that uniquely qualifies me to serve as a 
Commissioner at the agency. As General Counsel, I served as chief legal 
officer of the agency, providing legal, policy, and strategic advice on 
complex regulatory, statutory, fiscal, litigation, and enforcement 
issues. Additionally, I evaluated the legal sufficiency of proposed 
product safety standards, rules, regulations, petition actions, and 
substantial product hazard determinations and, in conjunction with the 
Department of Justice, was responsible for all Federal court litigation 
to which the Commission was a party.
    In my current capacity as Executive Director, I serve as the Chief 
Operating Officer of the agency and am responsible for executing its 
programmatic, operational, and administrative functions, including 
development of the budget and management of the agency regulatory 
portfolio, hazard identification and reduction, laboratory sciences, 
regulatory compliance, nation-wide field operations, import 
surveillance, human resources management, information technology, 
outreach to small businesses and consumer organizations, and 
administration of facilities services. In addition to being steeped in 
the substantive issues central to the agency mission, from rulemaking 
to enforcement, I am well versed in agency operations, processes, and 
procedures and that knowledge enhances my ability to effectively 
accomplish objectives within that environment.
    I wish to serve in this position because I have a deep belief in 
the agency mission as evidenced by my more than ten years of service at 
CPSC. I am committed to continuing to advance that mission and believe 
my work to date will provide an invaluable foundation for fulfilling 
Commissioner responsibilities.
    21. What do you believe are your responsibilities, if confirmed, to 
ensure that the department/agency has proper management and accounting 
controls, and what experience do you have in managing a large 
organization?
    If confirmed, I believe my responsibility would be to ensure that 
the agency implemented proper management and internal controls through 
evaluation of agency programs, their implementation, and metrics of 
their success. In addition, my responsibility would extend to ensuring 
that deficiencies identified through agency self-audits or through IG 
reviews are addressed and remediated. As the Executive Director of the 
CPSC, in which I serve as the Chief Operating Officer of the agency, I 
have well developed experience managing a large organization.
    22. What do you believe to be the top three challenges facing the 
department/agency, and why?

        A. Imports and E-Commerce: Improving the agency's ability to 
        detect and prevent entry of dangerous products into the United 
        States stands as a continuing challenge for the agency. In 
        particular, the agency needs to continue addressing the 
        challenges created by online shopping, a growing pre-pandemic 
        trend that took solid root across the country when consumers 
        turned in droves to online shopping during the pandemic. As a 
        result, a large volume of low-value, potentially noncompliant 
        or hazardous shipments of foreign-manufactured products are 
        being shipped directly to consumers in the United States. 
        Enforcement of the sale and distribution of goods on eCommerce 
        platforms is one of the biggest challenges facing the agency 
        and will require a multi-pronged approach to ensure consumer 
        safety.

        B. Strengthening Compliance and Enforcement: In conjunction 
        with efforts to stop the introduction of noncompliant products 
        at the ports and eCommerce hubs (efforts that focus on 
        regulatory violations), CPSC faces an equally important 
        challenge in ensuring that it executes a robust compliance and 
        enforcement program to ensure defective products not subject to 
        regulation are removed through recalls or other corrective 
        actions.

        C. Improving Data Analysis and Hazard Identification: The 
        voluminous amount of data that CPSC receives each year presents 
        a significant challenge to the agency's crucial hazard 
        identification function. The collection and analysis of data to 
        identify hazards and hazard patterns, particularly new and 
        emerging hazards, is central to CPSC's mission to protect 
        consumers from unreasonable risks of injury or death associated 
        with consumer products. High quality data must inform agency 
        decision-making and the agency faces the challenge of keeping 
        pace with technology advances.
                   b. potential conflicts of interest
    1. Describe all financial arrangements, deferred compensation 
agreements, and other continuing dealings with business associates, 
clients, or customers. Please include information related to retirement 
accounts.
    I receive a salary from the Federal government and hold a Federal 
TSP account. I hold a 5 percent passive investment interest as a 
limited partner in Be Rockaway Enterprises, an LLC that owns a 
commercial property in Rockaway, NY. I do not have any role in the 
operations of the building.
    I do not have any other financial arrangements, deferred 
compensation agreements, or other continuing dealings with business 
associates, clients, or customers.
    2. Do you have any commitments or agreements, formal or informal, 
to maintain employment, affiliation, or practice with any business, 
association or other organization during your appointment? If so, 
please explain.
    I plan to maintain the 5 percent interest as a limited partner 
described above in response to question number B1.
    3. Indicate any investments, obligations, liabilities, or other 
relationships which could involve potential conflicts of interest in 
the position to which you have been nominated. Explain how you will 
resolve each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the CPSC's DAEO to identify 
potential conflicts of interest. Any potential conflicts of interest 
will be resolved in accordance with the terms of the ethics agreement I 
have entered into with CPSC's DAEO and that has been provided to this 
Committee. I am not aware of any other potential conflicts of interest.
    4. Describe any business relationship, dealing, or financial 
transaction which you have had during the last ten years, whether for 
yourself, on behalf of a client, or acting as an agent, that could in 
any way constitute or result in a possible conflict of interest in the 
position to which you have been nominated. Explain how you will resolve 
each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the CPSC's DAEO to identify 
potential conflicts of interest. Any potential conflicts of interest 
will be resolved in accordance with the terms of the ethics agreement I 
have entered into with CPSC's DAEO and that has been provided to this 
Committee. I am not aware of any other potential conflicts of interest.
    5. Identify any other potential conflicts of interest, and explain 
how you will resolve each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the CPSC's DAEO to identify 
potential conflicts of interest. Any potential conflicts of interest 
will be resolved in accordance with the terms of the ethics agreement I 
have entered into with CPSC's DAEO and that has been provided to this 
Committee. I am not aware of any other potential conflicts of interest.
    6. Describe any activity during the past ten years, including the 
names of clients represented, in which you have been engaged for the 
purpose of directly or indirectly influencing the passage, defeat, or 
modification of any legislation or affecting the administration and 
execution of law or public policy. None.
                            c. legal matters
    1. Have you ever been disciplined or cited for a breach of ethics, 
professional misconduct, or retaliation by, or been the subject of a 
complaint to, any court, administrative agency, the Office of Special 
Counsel, professional association, disciplinary committee, or other 
professional group? No.
    If yes:

  a.  Provide the name of agency, association, committee, or group;

  b.  Provide the date the citation, disciplinary action, complaint, or 
        personnel action was issued or initiated;

  c.  Describe the citation, disciplinary action, complaint, or 
        personnel action;

  d.  Provide the results of the citation, disciplinary action, 
        complaint, or personnel action.

    2. Have you ever been investigated, arrested, charged, or held by 
any Federal, State, or other law enforcement authority of any Federal, 
State, county, or municipal entity, other than for a minor traffic 
offense? If so, please explain. No.
    3. Have you or any business or nonprofit of which you are or were 
an officer ever been involved as a party in an administrative agency 
proceeding, criminal proceeding, or civil litigation? If so, please 
explain. No.
    4. Have you ever been convicted (including pleas of guilty or nolo 
contendere) of any criminal violation other than a minor traffic 
offense? If so, please explain. No.
    5. Have you ever been accused, formally or informally, of sexual 
harassment or discrimination on the basis of sex, race, religion, or 
any other basis? If so, please explain. No.
    6. Please advise the Committee of any additional information, 
favorable or unfavorable, which you feel should be disclosed in 
connection with your nomination.
    I have no additional information to provide.
                     d. relationship with committee
    1. Will you ensure that your department/agency complies with 
deadlines for information set by congressional committees, and that 
your department/agency endeavors to timely comply with requests for 
information from individual Members of Congress, including requests 
from members in the minority? Yes.
    2. Will you ensure that your department/agency does whatever it can 
to protect congressional witnesses and whistle blowers from reprisal 
for their testimony and disclosures? Yes.
    3. Will you cooperate in providing the Committee with requested 
witnesses, including technical experts and career employees, with 
firsthand knowledge of matters of interest to the Committee? Yes.
    4. Are you willing to appear and testify before any duly 
constituted committee of the Congress on such occasions as you may be 
reasonably requested to do so? Yes.
                                 ______
                                 
                              Attachment 1

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    The Chair. Thank you, Ms. Boyle, and thank you for 
mentioning that and the career stuff. It is so important for 
continuity of all of these issues and in history. And there is 
a lot of people who just have to take brave action every day. 
So thank them for all of us. Mr. Trumka, welcome. Thank you for 
being here. I thought you were going to be the famous name on 
the roster, but Ms. Boyle has now told us that her famous 
connection. So it is all good. Thank you.

 STATEMENT OF RICHARD TRUMKA JR., NOMINEE TO BE COMMISSIONER, 
               CONSUMER PRODUCT SAFETY COMMISSION

    Mr. Trumka Jr. Thank you. Chair Cantwell, Ranking Member 
Wicker, members of the Committee, thank you for the opportunity 
to be here today. I am both grateful and honored to be 
nominated. And I am here because I think all people deserve to 
be protected from the harms they don't see coming. Both of my 
grandfathers were proud coal miners. They worked hard every 
day.
    And like too many coal miners of their generation, they 
both died of black lung. It is a painful disease that they got 
from years of breathing in coal dust. It is a harm they didn't 
see coming until it was too late. I remember a conversation I 
had with my grandfather. I asked him what career path I should 
take, and he turned his experience into some sage advice to me. 
He said that to get a good education because nobody can take 
that away from you and you should use it to try to help people, 
protect them from the harms they see and the ones they don't 
see coming, and to give them a voice.
    And that advice has always stuck with me. It is what led me 
to protect people's retirement security when I was in private 
practice, and it is what drew me to the consumer protection 
division of the Maryland Attorney General's Office. There, I 
was able to protect consumers. I remember speaking to one 
mother who had hired a moving company and they lured her in 
with a lowball quote and then held all of her belongings 
hostage, trying to extract four times that amount. When she 
couldn't afford to pay, the moving company drove off with all 
of her possessions, including necessary medical devices for her 
disabled daughter. They slept on the cold floor that night 
because even their mattresses and blankets were on the truck. 
Fortunately, within days we were able to secure an injunction 
and get her things back.
    And then we set about making things right for all the other 
people that this company had victimized. I also worked on 
cybersecurity and privacy matters, including data breach issues 
of national scope, like the Equifax data breach. And in those 
cases, the offices of many attorneys general conduct multi-
state investigations. They team up to do those investigations. 
And those allowed me to work with colleagues in states across 
the political spectrum and demonstrated to me that consumer 
protection is not partisan.
    I know we all want to keep consumers safe. And the desire 
to protect people from harms, both seen and unseen, is also why 
I came to the House Subcommittee on Economic and Consumer 
Policy. It was clear from my first conversation with Chairman 
Raja Krishnamoorthi that he treasured those same ideals. And 
together we have worked hard to address some significant 
consumer product safety issues. We focused much of our 
attention on products that hurt kids. As a father of two young 
kids who I didn't bring here today, just to spare us all, the 
issues are close to home for me. Earlier this year, the 
Subcommittee issued a staff report revealing that baby foods 
contain high levels of toxic heavy metals like arsenic, lead, 
cadmium, and mercury. These are unseen dangers to infant 
neurological development.
    It is beyond encouraging that FDA has since taken up the 
issue as a Commissioner level priority and created the Closer 
to Zero Action Plan with the goal of reducing these neurotoxins 
in baby foods to the lowest levels possible. And FDA set 
timelines for doing that. The subcommittee also published a 
staff report on children's car booster seats and the risk that 
they pose to children who are transitioned to those 
prematurely. There has been a longstanding consensus among 
NHTSA and other experts that it is not safe for kids to be in 
car booster seats if they are under 40 pounds.
    Despite that, a lot of products were still being marketed 
as safe for kids as late as 30 pounds, and that posed a very 
serious risk of injury. Thankfully, after the Subcommittee's 
investigation, all of the manufacturers that we talked to have 
since voluntarily moved to a 40 pound standard. I have also 
investigated the youth vaping epidemic, the presence of 
carcinogenic asbestos in consumer products like Johnson and 
Johnson's talc baby powder, which has since been discontinued, 
and pet products that have allegedly caused harm not only to 
dogs and cats, but also to the kids that play with them.
    When I told my wife and kids--and my wife Jessica is here, 
thank you for being with me. When I told them that President 
Biden had nominated me to be a Commissioner at the CPSC, they 
were thrilled. My son, who is--he is about to turn five next 
week. He said, ``Dad, I am so excited.'' And after a short 
pause, he added, ``. . . but I don't know what that means.''
    For me, it was the perfect opportunity to impart my 
grandfather's wisdom on my own son. And I said that it means 
that I will get to work every day trying to protect people from 
the harms they don't see coming. I ask that you give me that 
opportunity. Thank you.
    [The prepared statement and biographical information of Mr. 
Trumka follows:]

Prepared Statement of Richard Trumka Jr., Nominee to be a Commissioner, 
                U.S. Consumer Product Safety Commission
    Chair Cantwell, Ranking Member Wicker and members of the Committee. 
Thank you for the opportunity to appear here. I am grateful and honored 
to be nominated as a Commissioner at the Consumer Product Safety 
Commission.
    I am here today because I believe that all people deserve to be 
protected from the dangers they can't see. Both of my grandfathers were 
proud coal miners. They worked hard every day. And like too many miners 
of their generation, they both died of black lung, a painful disease 
that they got from years of breathing in coal dust. It was a danger 
they couldn't see until it was too late.
    I remember a conversation I had with my grandfather. I asked him 
about what career path I should take. He turned his experience into 
sage advice. He told me to get a good education, because no one can 
take that away from you. And he told me to use that education to try to 
protect people from the dangers they know, and the ones they can't see. 
To give them a voice.
    That advice has always stuck with me. It's why I worked to protect 
people's retirement security while I was in private practice. And it's 
what drew me to the Consumer Protection Division of the Maryland 
Attorney General's Office. There, I was able to protect consumers. I 
remember speaking to one mother who hired a moving company that lured 
her in with a lowball quote and then held all her belongings hostage in 
an attempt to extract four times that amount. When she couldn't afford 
to pay, the moving company drove off with all of her possessions, 
including necessary medical devices for her disabled daughter. They 
slept on the cold floor that night because even their mattresses and 
blankets were on the moving truck. Fortunately, within days we were 
able to secure an injunction and get back her possessions. And then we 
worked to make things right for all the other people this company had 
victimized. I also worked on cybersecurity and privacy matters, 
including data breach cases of national scope, like the Equifax data 
breach. In those cases, the offices of many attorneys general teamed up 
to conduct ``multistate investigations.'' Those investigations allowed 
me to work with colleagues in states across the political spectrum, and 
demonstrated that consumer protection is not partisan--we all want to 
keep consumers safe.
    The desire to protect people from harms, seen and unseen, is also 
why I came to the House Oversight Subcommittee on Economic and Consumer 
Policy. It was clear from my first conversation with Chairman Raja 
Krishnamoorthi that he was passionate about the same ideals. And 
together, we have worked to address some significant consumer product 
safety issues. We have focused much of our attention on products that 
hurt children. As a father of two young kids, the issues are close to 
home for me. Earlier this year, the Subcommittee issued a staff report 
revealing that many baby foods contained high levels of toxic heavy 
metals like arsenic, lead, cadmium, and mercury. These are unseen 
dangers to infant neurological development. It's beyond encouraging 
that the Food and Drug Administration has since taken up the issue as a 
Commissioner-level priority, creating the ``Closer to Zero'' Action 
Plan. Closer to Zero's goal is to reduce the levels of these 
neurotoxins in baby foods to the lowest levels possible, and FDA has 
issued timelines for setting maximum limits. The Subcommittee also 
published a staff report on children's car booster seats and the risk 
that they pose to children who are placed in them prematurely. There is 
a long-standing consensus, among the National Highway Traffic Safety 
Administration and other experts, that car booster seats are unsafe for 
children under 40 pounds. Despite that, many products were still being 
marketing as safe for children as light as 30 pounds, which presented a 
very serious risk of injury. After the Subcommittee's investigation, 
all of the manufacturers that we communicated with have since 
voluntarily moved to a 40-pound standard.
    I have also investigated: the youth vaping epidemic; the presence 
of carcinogenic asbestos in products like Johnson and Johnson's talc 
Baby Powder, which has since been discontinued; and pet products that 
have allegedly caused harm to not only dogs and cats, but also to the 
children that play with them.
    When I told my wife and kids that President Biden had nominated me 
to be a Commissioner on the Consumer Product Safety Commission, they 
were thrilled. My son, who is about to turn five, said: ``Dad, I'm so 
excited.'' And after a short pause, he added, ``. . . but I don't know 
what that means.'' It was the perfect opportunity to share my 
grandfather's wisdom with my young son. And I told him it means that 
his dad will get to work every day protecting people from the dangers 
they don't see coming. I ask that you give me that opportunity.
    Thank you.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used): Richard Louis 
Trumka Jr.
    2. Position to which nominated: Commissioner, Consumer Product 
Safety Commission.
    3. Date of Nomination: July 15, 2021.
    4. Address (List current place of residence and office addresses):

        Residence: Information not released to the public.
        Office: 200 C Street, S.W., Washington, DC 20024.

    5. Date and Place of Birth: July 11, 1984; Silver Spring, MD.
    6. Provide the name, position, and place of employment for your 
spouse (if married) and the names and ages of your children (including 
stepchildren and children by a previous marriage).
    Spouse: Jessica Trumka, Stay-At-Home Parent.
    7. List all college and graduate degrees. Provide year and school 
attended.

   Cornell University. B.S. in Industrial and Labor Relations, 
        2006

   Georgetown University Law Center, J.D., 2009

    8. List all post-undergraduate employment, and highlight all 
management-level jobs held and any non-managerial jobs that relate to 
the position for which you are nominated.

  a.  House Committee on Oversight and Reform, Subcommittee on Economic 
        and Consumer Policy--General Counsel & Staff Director

  b.  Maryland Office of the Attorney General, Consumer Protection 
        Division--Assistant Attorney General

  c.  Steptoe & Johnson LLP--Associate

  d.  United States District Court for the Eastern District of 
        Pennsylvania, Judge Berle Schiller--Judicial Law Clerk

  e.  Steptoe & Johnson LLP--Summer Associate

  f.  Bredhoff & Kaiser, P.L.L.C.--Summer Associate

  g.  Mascaro Construction--Laborer

    9. Attach a copy of your resume.
    Attached.
    10. List any advisory, consultative, honorary, or other part-time 
service or positions with Federal, State, or local governments, other 
than those listed above, within the last ten years. None.
    11. List all positions held as an officer, director, trustee, 
partner, proprietor, agent, representative, or consultant of any 
corporation, company, firm, partnership, or other business, enterprise, 
educational, or other institution within the last ten years. None.
    12. Please list each membership you have had during the past ten 
years or currently hold with any civic, social, charitable, 
educational, political, professional, fraternal, benevolent or 
religiously affiliated organization, private club, or other membership 
organization. (For this question, you do not have to list your 
religious affiliation or membership in a religious house of worship or 
institution.). Include dates of membership and any positions you have 
held with any organization. Please note whether any such club or 
organization restricts membership on the basis of sex, race, color, 
religion, national origin, age, or disability. None.
    13. Have you ever been a candidate for and/or held a public office 
(elected, non-elected, or appointed)? If so, indicate whether any 
campaign has any outstanding debt, the amount, and whether you are 
personally liable for that debt. No.
    14. List all memberships and offices held with and services 
rendered to, whether compensated or not, any political party or 
election committee within the past ten years. If you have held a paid 
position or served in a formal or official advisory position (whether 
compensated or not) in a political campaign within the past ten years, 
identify the particulars of the campaign, including the candidate, year 
of the campaign, and your title and responsibilities. None.
    15. Itemize all political contributions to any individual, campaign 
organization, political party, political action committee, or similar 
entity of $200 or more for the past ten years. None.
    16. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements.

  a.  Maryland State Delegate Scholarship

  b.  Rapoport Fellowship

  c.  Sigma Alpha Lambda

    17. Please list each book, article, column, Internet blog posting, 
or other publication you have authored, individually or with others. 
Include a link to each publication when possible. Also list any 
speeches that you have given on topics relevant to the position for 
which you have been nominated. Do not attach copies of these 
publications unless otherwise instructed. None.
    18. List all digital platforms (including social media and other 
digital content sites) on which you currently or have formerly operated 
an account, regardless of whether or not the account was held in your 
name or an alias. Include the name of an ``alias'' or ``handle'' you 
have used on each of the named platforms. Indicate whether the account 
is active, deleted, or dormant. Include a link to each account if 
possible.

  a.  LinkedIn: Richard Trumka Jr. (current) https://www.linkedin.com/
        in/richard-trumka-jr-979b9al88/

  b.  Facebook: Rich Trumka Jr. (deleted)

    19. Please identify each instance in which you have testified 
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each 
testimony. None.
    20. Given the current mission, major programs, and major 
operational objectives of the department/agency to which you have been 
nominated, what in your background or employment experience do you 
believe affirmatively qualifies you for appointment to the position for 
which you have been nominated, and why do you wish to serve in that 
position?
    Consumer protection is my passion and I have been fortunate enough 
to make it my career. As the General Counsel & Staff Director of the 
House Oversight Subcommittee on Economic and Consumer Policy, I have 
been working at the intersection of consumer protection and public 
health, focusing much of my work on products that hurt children. As a 
father of two yom1g kids, the issues are close to home. Earlier this 
year, the Subcommittee issued a staff report about the presence of 
toxic heavy metals in baby food (inorganic arsenic, lead, cadmium, and 
mercury). Tue Food and Drug Administration has since taken up the issue 
as a Commissioner-level priority, creating the ``Closer to Zero'' 
Action Plan. Closer to Zero's goal is to reduce the levels of these 
neurotoxins in baby foods to the lowest levels possible, and it sets 
timelines by which FDA will issue maximum allowable limits for each 
metal. The Subcommittee also published a staff report on children's car 
booster seats and the risk that they pose to children who are placed in 
them prematurely. There is a long standing consensus, among the 
National Highway Traffic Safety Administration and other experts, that 
car booster seats are unsafe for children under 40 pounds. Despite 
that, many products were still being marketing as safe for children as 
light as 30 pounds, which presented a very serious risk of injury. 
After the Subcommittee's investigation, all of the manufacturers that 
we investigated have since voluntarily moved to a 40-pound standard.
    A number of the other health and safety-related investigations that 
I have worked on have focused on children. Examples include 
investigations into: the presence of carcinogenic asbestos in products 
like Johnson and Johnson's talc Baby Powder; pet products that have 
allegedly caused harm to not only dogs and cats, but also to the 
children that play with them; the youth vaping epidemic; dating apps; 
and children's online safety and wellbeing.
    Prior to my role on the Oversight Committee, I was an Assistant 
Attorney General in the Consumer Protection Division of the Maryland 
Office of the Attorney General. In that role, I enforced Maryland's 
consumer protection laws on behalf of consumers. My cases ranged from 
scams like moving companies that gave lowball quotes then held 
consumers' belongings hostage to extract higher prices, to data breach 
cases of national scope, like the Equifax data breach. In data breach 
cases, many state attorneys general team up and conduct ``multistate 
investigations'' into the suspected consumer protection violations. I 
served in leadership roles on many of those multistate data breach 
investigations. In doing so, I had the pleasure of working with 
colleagues from a large and diverse group of states. The experience 
proved to me that when we focus on protecting consumers, partisanship 
does not come into play--we all want to keep consumers safe.
    I wish to serve as a Commissioner on the Consumer Product Safety 
Commission because protecting consumers is my passion, it is CPSC's 
mission, and it would be my privilege to help CPSC fulfill that 
mission.
    21. What do you believe are your responsibilities, if confirmed, to 
ensure that the department/agency has proper management and accounting 
controls, and what experience do you have in managing a large 
organization?
    A primary responsibility would be to ensure that taxpayer dollars 
are used effectively to carry out CPSC's core mission of protecting 
consumers. Coming from the House Oversight Committee, I take waste, 
fraud, and abuse very seriously. If confirmed as a Commissioner, I 
would bring my oversight mentality to CPSC. I would also support the 
Chairman in every way possible, including by lending my experience 
examining agency programs for efficiency and effectiveness. On the 
Economic and Consumer Policy Subcommittee, I lead a small team with a 
big mission, and I will bring that mindset to CPSC.
    22. What do you believe to be the top three challenges facing the 
department/agency, and why?
    One challenge is ensuring that bad actors are not selling recalled 
products and that safety issues are reported to CPSC expeditiously. 
Sale through e-commerce platforms requires CPSC's continued attention 
and enforcement.
    Another challenge is working to take speedy action to address 
pressing consumer threats. Establishing that the Commission is willing 
to use all of the tools that Congress has given it will help meet that 
challenge. And we should ensure that investigations into defective 
products are proactively identifying concerns.
    Another challenge is effectively delivering our message to 
consumers. It is critical to convey important information to consumers 
succinctly and understandably. If a low percentage of consumers are 
exercising the options offered in particular recalls, I would like to 
examine why.
                   b. potential conflicts of interest
    1. Describe all financial arrangements, deferred compensation 
agreements, and other continuing dealings with business associates, 
clients, or customers. Please include information related to retirement 
accounts.

  a.  I have an unvested cash balance in a pension account from my 
        former employer, the State of Maryland. I do not receive 
        distributions, and the account will not vest.

  b.  I have a 401(k) account through my former employer, the State of 
        Maryland. I do not receive distributions.

    2. Do you have any commitments or agreements, formal or informal, 
to maintain employment, affiliation, or practice with any business, 
association or other organization during your appointment? If so, 
please explain. No.
    3. Indicate any investments, obligations, liabilities, or other 
relationships which could involve potential conflicts of interest in 
the position to which you have been nominated. Explain how you will 
resolve each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the CPSC's DAEO to identify 
potential conflicts of interest. Any potential conflicts of interest 
will be resolved in accordance with the terms of the ethics agreement I 
have entered into with CPSC's DAEO and that has been provided to this 
Committee. I am not aware of any other potential conflicts of interest.
    4. Describe any business relationship, dealing, or financial 
transaction which you have had during the last ten years, whether for 
yourself, on behalf of a client, or acting as an agent, that could in 
any way constitute or result in a possible conflict of interest in the 
position to which you have been nominated. Explain how you will resolve 
each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the CPSC's DAEO to identify 
potential conflicts of interest. Any potential conflicts of interest 
will be resolved in accordance with the terms of the ethics agreement I 
have entered into with CPSC's DAEO and that has been provided to this 
Committee. I am not aware of any other potential conflicts of interest.
    5. Identify any other potential conflicts of interest, and explain 
how you will resolve each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the CPSC's DAEO to identify 
potential conflicts of interest. Any potential conflicts of interest 
will be resolved in accordance with the terms of the ethics agreement I 
have entered into with CPSC's DAEO and that has been provided to this 
Committee. I am not aware of any other potential conflicts of interest.
    6. Describe any activity during the past ten years, including the 
names of clients represented, in which you have been engaged for the 
purpose of directly or indirectly influencing the passage, defeat, or 
modification of any legislation or affecting the administration and 
execution of law or public policy.
    On behalfofthe Maryland Office of the Attorney General, I testified 
in support of a number of bills in public hearings before committees of 
the Maryland General Assembly.
                            c. legal matters
    1. Have you ever been disciplined or cited for a breach of ethics, 
professional misconduct, or retaliation by, or been the subject of a 
complaint to, any court, administrative agency, the Office of Special 
Counsel, professional association, disciplinary committee, or other 
professional group? No.
    If yes:

  a.  Provide the name of agency, association, committee, or group;

  b.  Provide the date the citation, disciplinary action, complaint, or 
        personnel action was issued or initiated;

  c.  Describe the citation, disciplinary action, complaint, or 
        personnel action;

  d.  Provide the results of the citation, disciplinary action, 
        complaint, or personnel action.

    2. Have you ever been investigated, arrested, charged, or held by 
any Federal, State, or other law enforcement authority of any Federal, 
State, county, or municipal entity, other than for a minor traffic 
offense? If so, please explain.

  a.  A 2006 charge of driving while intoxicated/driving under the 
        influence/operating while impaired was dismissed or Nolle 
        Prosequi.

  b.  A 2006 non-criminal citation for disorderly conduct. Resolved 
        with payment of $100 fine.

    3. Have you or any business or nonprofit of which you are or were 
an officer ever been involved as a party in an administrative agency 
proceeding, criminal proceeding, or civil litigation? If so, please 
explain. No.
    3. Have you ever been convicted (including pleas of guilty or nolo 
contendere) of any criminal violation other than a minor traffic 
offense? If so, please explain. No.
    4. Have you ever been accused, formally or informally, of sexual 
harassment or discrimination on the basis of sex, race, religion, or 
any other basis? If so, please explain. No.
    5. Please advise the Committee of any additional information, 
favorable or unfavorable, which you feel should be disclosed in 
connection with your nomination. None.
                     d. relationship with committee
    1. Will you ensure that your department/agency complies with 
deadlines for information set by congressional committees, and that 
your department/agency endeavors to timely comply with requests for 
information from individual Members of Congress, including requests 
from members in the minority? Yes.
    2. Will you ensure that your department/agency does whatever it can 
to protect congressional witnesses ano whistle blowers from reprisal 
for their testimony and disclosures? Yes.
    3. Will you cooperate in providing the Committee with requested 
witnesses, including technical experts and career employees, with 
firsthand knowledge of matters of interest to the Committee? Yes.
    4. Are you willing to appear and testify before any duly 
constituted committee of the Congress on such occasions as you may be 
reasonably requested to do so? Yes.
                                 ______
                                 
                    Resume of Richard L. Trumka Jr.
EXPERIENCE
General Counsel & Staff Director March 2019 to Present
U.S. House Committee on Oversight and Reform, Economic and Consumer 
Policy Subcommittee

   Conduct investigations, draft public reports, and plan 
        Subcommittee hearings

   Prepare Subcommittee members for hearings, draft opening 
        statements and questions, for witnesses

   Supervise and manage Subcommittee staff

   Focus on the intersection of consumer protection and public 
        health:

     Investigation into toxic heavy metals in baby foods 
            helped spur the creation of FDA's ``Closer to Zero'' 
            program to reduce arsenic, lead, cadmium, and mercury 
            levels in baby foods

     Investigation into the youth vaping epidemic revealed 
            evidence of JUUL's wrongdoing and youth targeting; led to 
            FDA issuing warning letters to JUUL and Puff Bar for 
            improper marketing; and helped prompt FDA to issue a 
            guidance document barring many kid-friendly e-cigarette 
            flavors

     Children's booster seat safety investigation led to 
            U.S. manufacturers voluntarily adopting safer minimum 
            occupant weight standards, increasing the minimum weight 
            from 30 pounds to 40 pounds

     Investigated asbestos in Johnson & Johnson talc-based 
            Baby Powder; the company has since discontinued sales of 
            the product

   COVID-19 oversight has resulted in:

     Exposure of waste, fraud, and abuse in a ventilator 
            procurement contract that resulted in taxpayer savings of 
            over $400 million

     Oversight of FDA's early COVID-19 antibody testing 
            policy resulted in FDA improving the policy

   Other investigations have included: organ procurement, 
        financial products, higher education, cybersecurity, food 
        insecurity, online dating apps, and children's online safety

Assistant Attorney General, Consumer Protection Division October 2015-
March 2019
Maryland Office of the Attorney General

   Prosecuted violations of Maryland's consumer protection laws

   Privacy and Cybersecurity: Helped lead multi-state data 
        breach investigations (joint investigations on behalf of 
        coalitions of 35-48 state Attorneys General), including cases 
        against Equifax ($600 million settlement), Uber ($148 million 
        settlement), Target, Adobe, and Nationwide Insurance

   Drafted legislation on consumer protection issues, including 
        successful amendments to the Personal Information Protection 
        Act

   Testified before committees of the Maryland legislature on 
        consumer protection and economic issues

   Member of the Attorney General's Diversity Committee, Hiring 
        and Retention Subcommittee

Associate, Litigation Group August 2010-0ctober 2015
Steptoe & Johnson LLP

   Focused on ERISA litigation and advice, representing Taft-
        Hartley plans and their trustees

   Participated in a range of litigation matters

   Served on Hiring Committee; as Associate Mentor; and as 
        Summer Associate Mentor

Judicial Law Clerk August 2009-August 2010
Honorable Berle M. Schiller, U.S. District Court for the Eastern 
District of Pennsylvania

   Drafted opinions and orders on docket of 35-40 civil cases 
        and 10-15 criminal cases

   Counseled the Judge on matters pending before the Court
EDUCATION
Georgetown University Law Center, J.D. 2009, Cum Laude

   American Criminal Law Review, Articles and Notes Editor

   Clinics: Institute for Public Representation: Civil Rights 
        Division; and Street Law

Cornell University B.S. in Industrial and Labor Relations, 2006

   Member of the football team

    The Chair. Thank you. Thank you, Mr. Trumka. I think it is 
so important that people do know more about the Consumer 
Product Safety Commission and its mission because it is 
critical to our Nation. Mr. Harris, welcome. Thank you for 
being here. The anomaly here this morning. But I guarantee you 
supply chains do fit into this equation. So thank you very 
much.

          STATEMENT OF GRANT T. HARRIS, NOMINEE TO BE

         ASSISTANT SECRETARY FOR INDUSTRY AND ANALYSIS,

                  U.S. DEPARTMENT OF COMMERCE

    Mr. Harris. Chair Cantwell, Ranking Member Wicker, and 
members of the Committee, I am honored and humbled to appear 
before you today as President Biden's nominee for Assistant 
Secretary for Industry and Analysis at the U.S. Department of 
Commerce. I also want to thank Secretary Raimondo for her 
support for my nomination. I want to especially thank my family 
for their love and support. My wife, Jasmine, and our two 
children are watching from California with my parents.
    In my personal life and professional work, my highest goal 
is to make them proud, and I strive every day to do so. My 
parents, Tom and Lenny, are retired public servants. I was born 
and raised in California, where my mom was recognized as the 
State school nurse of the year for her help for kids. And my 
dad led city and district attorney's offices to help cities and 
counties serve their citizens and combat crime. My parents 
instilled in me a profound sense of gratitude for the 
opportunities afforded to me and that this country presents, as 
well as a deep responsibility to serve.
    If confirmed, I would draw on my background in both the 
public and private sectors. In my previous Federal Government 
service, I was honored to work at the White House and State 
Department. This meant working across a broad range of 
security, economic, and political issues. The work included 
initiatives to advance U.S. trade and investment, as well as 
leading and coordinating national security decisionmaking 
processes, coordinating--responding to international incidents, 
supporting international peace negotiations, and negotiating 
with foreign Governments on a range of issues.
    At the same time, I have direct experience helping American 
companies and their businesses compete in global markets as the 
CEO of a strategy and political risk company that I founded and 
previously as a transactional attorney at a global law firm. I 
have worked with companies ranging from startups to large 
multinationals and witnessed the opportunities that exist. At 
the same time, I have seen firsthand how other countries are 
using both fair and unfair tactics to promote their own 
companies and the challenges this poses to the international 
competitiveness for U.S. industries.
    For instance, I have seen China's unfair business practices 
in trying to push a U.S. company out of a project in favor of a 
Chinese State owned enterprise. I have also had the privilege 
of teaching on strategy and risk in emerging markets as an 
adjunct professor at Kellogg School of Management at 
Northwestern University, Haas School of Business, University of 
California, Berkeley and Elliott School of International 
Affairs at the George Washington University.
    As a country, I believe that we have major opportunities, 
even as we confront important challenges. As we seek to address 
the economic damage caused by COVID-19, we can rebuild a 
stronger and more resilient economy. We can do so by investing 
in our people, businesses, and communities. We can redouble our 
efforts to ensure that prosperity in our country is broad based 
and that all communities have resources and pathways to good 
jobs.
    And as we directly confront threats to our economic 
competitiveness and values, we can make smart investments in 
innovation and push for a level playing field for American 
companies. Championing U.S. firms is vital to U.S. economic 
competitiveness and national security. This is precisely why I 
hope to serve in the U.S. Department of Commerce. Countless 
jobs and communities depend on American companies and workers 
being able to compete on a level playing field.
    If confirmed, my top priority would be to support the 
international competitiveness of U.S. industries. Industry and 
analysis produces critical analysis to support both public and 
private sector decisionmaking. The brainpower and experience of 
the career staff and industry and analysis are indispensable to 
strengthening our global supply chains, combating predatory and 
unfair trade practices that undercut American manufacturing, 
and promoting travel and tourism to name but a few key areas.
    If I have the honor of being confirmed and am entrusted 
with leading the industry and analysis team, I would be a 
strong advocate for and partner to American industry. I would 
also be a strong partner to this committee, to you, and to your 
staffs to advance American business, workers, jobs, and 
economic security.
    In closing, thank you very much for your consideration and 
the opportunity to appear before you. I look forward to your 
questions.
    [The prepared statement and biographical information of Mr. 
Harris follows:]

    Prepared Statement of Grant T. Harris, Nominee to be Assistant 
    Secretary for Industry and Analysis, U.S. Department of Commerce
    Chair Cantwell, Ranking Member Wicker, and Members of the 
Committee, I am honored and humbled to appear before you today as 
President Biden's nominee for Assistant Secretary for Industry and 
Analysis at the U.S. Department of Commerce. I want to thank Secretary 
Raimondo for her support of my nomination.
    I want to especially thank my family for their love and support. My 
wife, Jasmine, and our two children are watching from California with 
my parents. In my personal life and professional work, my highest goal 
is to make my family proud--and I strive every day to do so.
    My parents, Tom and Lennie, are retired public servants. I was born 
and raised in California, where my mom was recognized as the state's 
``School Nurse of the Year'' for her work supporting kids. My dad led 
city and district attorneys' offices to help cities and counties serve 
their citizens and combat crime. My parents instilled in me a profound 
sense of gratitude for the opportunities that I have been afforded and 
that this country presents, and a deep sense of responsibility to 
serve.
    If confirmed, I would draw on my background in both the public and 
private sectors to serve as Assistant Secretary for Industry and 
Analysis. In my previous Federal government service, I was honored to 
work at the White House and State Department. This meant working across 
a broad range of security, economic, and political issues. The work 
included initiatives to advance U.S. trade and investment as well as 
leading and coordinating national-security decision-making processes, 
supporting international peace negotiations, helping lead crisis 
response efforts in the face of emergency situations such as coups and 
terrorist incidents, working with governments in emerging markets to 
improve investment climates, and negotiating with foreign governments 
on a range of issues.
    At the same time, I have direct experience helping American 
companies expand their business and compete in global markets, as the 
CEO of a strategy and political risk consulting company that I founded, 
and previously as a transactional attorney at a global law firm. I have 
worked with companies ranging from start-ups to large multinationals 
and witnessed the opportunities that exist. At the same time, I have 
seen firsthand how other countries are using both fair and unfair 
tactics to promote their own companies, and the challenges this poses 
to the international competitiveness of American industries. For 
instance, I have seen China's unfair business practices in seeking to 
push a U.S. company out of a project in favor of a Chinese state-owned 
enterprise. I have also had the privilege of teaching on strategy and 
risk in emerging markets as an adjunct professor at Kellogg School of 
Management at Northwestern University, Haas School of Business at the 
University of California, Berkeley, and the Elliott School of 
International Affairs at George Washington University.
    As a country, I believe that we have major opportunities, even as 
we confront important challenges. As we seek to address the economic 
damage caused by the COVID-19 pandemic, we can rebuild a stronger and 
more resilient economy. We can do so by investing in our people, 
businesses, and communities. We can redouble our efforts to ensure that 
prosperity in our country is broad-based and that all communities have 
resources and pathways to good jobs. And as we directly confront 
threats to our economic competitiveness and values, we can make smart 
investments in innovation while tenaciously pushing for a level playing 
field for American companies.
    Championing U.S. firms is vital to U.S. economic competitiveness 
and national security. This is precisely why I hope to serve at the 
U.S. Department of Commerce. Countless jobs and communities depend on 
American companies and workers being able to compete on a level playing 
field. If confirmed, my top priority would be to support the 
international competitiveness of U.S. industries. Industry and Analysis 
produces critical analysis to support public and private sector 
decision-making. The brain power and experience of the career staff in 
Industry and Analysis are indispensable to strengthening our global 
supply chains, combating predatory and unfair trade practices that 
undercut American manufacturing, and promoting travel and tourism, to 
name but a few key areas.
    If I have the honor of being confirmed and am entrusted with 
leading the Industry and Analysis team, I would be a strong advocate 
for, and partner to, American industry. I would also be a strong 
partner to this Committee, you, and your staffs, to advance American 
business, workers, jobs, and economic security. In closing, thank you 
very much for your consideration and the opportunity to appear before 
you. I look forward to your questions.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used): Grant T. 
Harris.
    2. Position to which nominated: Assistant Secretary for Industry 
and Analysis, U.S. Department of Commerce.
    3. Date of Nomination: June 8, 2021.
    4. Address (List current place of residence and office addresses):
    Information not provided.
    5. Date and Place of Birth: October 19, 1976; Ventura, CA.
    6. Provide the name, position, and place of employment for your 
spouse (if married) and the names and ages of your children (including 
stepchildren and children by a previous marriage).

        Jasmine E. Harris, Professor of Law, University of Pennsylvania 
        (as of July 1, 2021) and, previously, Professor of Law, 
        University of California, Davis (until June 30, 2021)

    7. List all college and graduate degrees. Provide year and school 
attended.

        Yale Law School, JD, 2005 Princeton University, MPA, 2005
        University of California, Berkeley, BA (Political Science), 
        1998

    8. List all post-undergraduate employment, and highlight all 
management-level jobs held and any non-managerial jobs that relate to 
the position for which you are nominated.

        Connect Frontier LLC (previously named Harris Africa Partners 
        LLC), Chief Executive Officer (2015-2021)--management level

        Kellogg School of Management, Northwestern University, Adjunct 
        Professor of Global Management (2019-2021)--taught on doing 
        business in emerging markets

        Haas School of Business, University of California, Berkeley, 
        Lecturer (2020-2021)--taught on doing business in emerging 
        markets

        Elliott School of International Affairs, George Washington 
        University, Professorial Lecturer of International Affairs 
        (2020)--taught on political risk analysis and strategies

        The National Security Council, The White House, Special 
        Assistant to the President and Senior Director for African 
        Affairs (2011-2015)--managed presidential initiatives and 
        policy processes relevant to the Commerce Department

        United States Mission to the United Nations, Deputy Chief of 
        Staff and Counselor (previously, Senior Advisor) (2009-2011)--
        management level

        Cleary Gottlieb Steen & Hamilton LLP, Associate (2005-2009)--
        transactional attorney working with companies on international 
        business transactions

        JoongAng Ilbo Education Business/Kaplan, English Teacher (2005)

        Cleary Gottlieb Steen & Hamilton LLP, Summer Associate in New 
        York and Hong Kong offices (2004)--worked with companies 
        conducting business globally, particularly in East Asia

        Department of Justice, Office of Intelligence Policy & Review, 
        Law Clerk (2003)

        U.S. Attorney's Office, Office of Transnational and Major 
        Crimes, Law Clerk (2003)

        Mario Santo Domingo Foundation, Adviser to the President (2002)

        The National Security Council, The White House, Associate 
        Director for African Affairs (2000-2001)--worked on policy 
        issues relevant to the Commerce Department

        United States Mission to the United Nations, Special Assistant 
        (1999-2000)--worked on policy issues relevant to the Commerce 
        Department

        U.S. Embassy Guatemala, Intern (1999)--worked on policy 
        positions relevant to the Commerce Department

        Smith, Hampton & Devlin Temporary Agency, Multimedia Assistant 
        at Stockpower (1999)

        University of California, Berkeley, Department of Political 
        Science, Senior Clerk (1999)

    9. Attach a copy of your resume.
    Attached as Appendix A.
    10. List any advisory, consultative, honorary, or other part-time 
service or positions with Federal, State, or local governments, other 
than those listed above, within the last ten years.

        United States Holocaust Memorial Council (2017-2019)

    11. List all positions held as an officer, director, trustee, 
partner, proprietor, agent, representative, or consultant of any 
corporation, company, firm, partnership, or other business, enterprise, 
educational, or other institution within the last ten years.

   Connect Frontier LLC, CEO and Owner (2015 to present)

   World Learning Inc., Global Advisory Council (2017 to 
        present)

   Africa Finance Corporation, Board of Directors (2016-2018)

    12. Please list each membership you have had during the past ten 
years or currently hold with any civic, social, charitable, 
educational, political, professional, fraternal, benevolent or 
religiously affiliated organization, private club, or other membership 
organization. (For this question, you do not have to list your 
religious affiliation or membership in a religious house of worship or 
institution.). Include dates of membership and any positions you have 
held with any organization. Please note whether any such club or 
organization restricts membership on the basis of sex, race, color, 
religion, national origin, age, or disability.

   Dialog, Member (2020 to present)

   Pacific Council on International Policy, Member (2015 to 
        present)

   New York State Bar, Member (2006 to present)

   California Alumni Association, Lifetime Member (2005 to 
        present)

   Council on Foreign Relations, Term Member (2009-2014)

    13. Have you ever been a candidate for and/or held a public office 
(elected, non-elected, or appointed)? If so, indicate whether any 
campaign has any outstanding debt, the amount, and whether you are 
personally liable for that debt. No.
    14. List all memberships and offices held with and services 
rendered to, whether compensated or not, any political party or 
election committee within the past ten years. If you have held a paid 
position or served in a formal or official advisory position (whether 
compensated or not) in a political campaign within the past ten years, 
identify the particulars of the campaign, including the candidate, year 
of the campaign, and your title and responsibilities.

   Biden for President Campaign, Policy Volunteer 
        (International Economic Policy Working Group) and member of 
        Finance Committee, 2020

   Kamala Harris for the People, Policy Volunteer (Africa 
        Policy Working Group), 2020

   Hillary for America, Policy Volunteer (Africa Policy Working 
        Group), 2016

    15. Itemize all political contributions to any individual, campaign 
organization, political party, political action committee, or similar 
entity of $200 or more for the past ten years.
    The list below is based on a search of personal and public records:

   Biden for President, multiple commitments totaling $4,370 in 
        2020 made to several entities including Biden for President, 
        Biden Victory Fund, and Biden Action Fund

   Steve Bullock for Senate, $250 in 2020

   Elissa Slotkin for Congress, multiple commitments totaling 
        $500 in 2018

   Tom Malinowski for Congress, multiple commitments totaling 
        $375 in 2018

   Andy Kim for Congress, multiple commitments totaling $375 in 
        2018

   Jenny Wong for Berkeley City Auditor, $250 in 2018

   Hillary for America, multiple commitments totaling $3,150 in 
        2016

   Obama for President, multiple commitments totaling $450 in 
        2012

    16. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements.

   Inducted into Lincoln High School Hall of Fame, 2018

   Outstanding Young Alumnus Award, University of California, 
        Berkeley, Institute of Governmental Studies, 2010

   Francis Lieber Prize for outstanding scholarship, American 
        Society of International Law, 2009

   Ambrose Gherini Prize for best paper in field of 
        International Law, Yale Law School, 2005

   Graduated with Distinction, Princeton University, 2005

   John Gardner Public Service Fellow, 1999-2000

   Graduated summa cum laude, University of California, 
        Berkeley, 1998

   University Medal Finalist, University of California, 
        Berkeley, 1998

   University of California Alumni Association Leadership 
        Scholarship, 1995, 1996, 1997, 1998

   Student Body President, University of California, Berkeley, 
        1996-1997

   Pacific Association of College and University Residence 
        Halls Award, 1996

   National Association of College and University Residence 
        Halls Award, 1995

   Edward Frank Kraft Award, University of California, 
        Berkeley, 1994

   Phi Beta Kappa, elected 1996

   Golden Key National Honors Society, elected 1995

    17. Please list each book, article, column, Internet blog posting, 
or other publication you have authored, individually or with others. 
Include a link to each publication when possible. Also list any 
speeches that you have given on topics relevant to the position for 
which you have been nominated. Do not attach copies of these 
publications unless otherwise instructed.
Publications
    Links are provided where available.

   ``To Grow Jobs, Washington Must Fight for U.S. Companies 
        Abroad,'' Atlantic Council (2020)

   ``How to Brief a Senior Executive,'' Harvard Business Review 
        (2020)

   ``How Investors Can Navigate Pandemic-Related Risk in 
        Emerging Markets,'' Harvard Business Review (2020)

   ``Leaders of Developing Countries Are Particularly 
        Vulnerable During this Pandemic,'' The Washington Post (2020)

   ``The Mixed Record of U.S. Commercial Diplomacy,'' Wilson 
        Center (2020)

   ``How Vladimir Putin is Outplaying the U.S. in Africa,'' The 
        Washington Post (2019)

   ``Why Every University Needs an Africa Strategy,'' Inside 
        Higher Ed (2019)

   ``The Perils of Chinese Debt Diplomacy,'' Wilson Center 
        (2019)

   ``How Trump's `Victory' Became Kim's Triumph,'' Project 
        Syndicate (2019)

   ``Trump's Africa Policy Is Destined for Failure,'' Foreign 
        Affairs (2019)

   ``U.S. is Punishing Rwanda for Rejecting Old Jeans and T-
        Shirts,'' The Washington Post (2018)

   ``China Is Loaning Billions of Dollars to African Countries. 
        Here's Why the U.S. Should Be Worried,'' TIME (2018)

   ``In Africa, It's Not Just China Eating America's Lunch,'' 
        Wilson Center (2018)

   ``Trump's Militaristic Africa Policy Will Backfire,'' 
        Foreign Policy (2018)

   ``The Key to Stopping an Outbreak,'' U.S. News & World 
        Report (2018)

   ``Why U.S. Companies Need to Include Africa in Their Global 
        Growth Strategies,'' Initiative for Global Development (2018)

   ``Stop the Ghost of ISIS from Haunting Africa,'' U.S. News & 
        World Report (2018)

   ``Challenging North Korea,'' Wilson Center (2018)

   ``End Africa's Lifeline to North Korea,'' U.S. News & World 
        Report (2018)

   ``The U.S. Needs Real Diplomacy to Counter North Korea in 
        Africa,'' Foreign Policy (2017)

   ``Ignoring Africa Endangers America,'' U.S. News & World 
        Report (2017)

   ``By Ignoring Africa, U.S. Cedes Jobs to China,'' Forbes 
        (2017)

   ``Where Trump Fails on U.S.-Africa Policy, Congress Must 
        Step In,'' The Hill (2017)

   ``Will African Leaders Allow Youth to Make the World a 
        Better Place?'' HuffPost SA (2017)

   ``Why Africa Matters to U.S. National Security,'' The 
        Atlantic Council (2017)

   ``Obama Stakes His Africa Legacy on Economic Growth,'' 
        Forbes (2017)

   ``U.S. Investors Are Missing Out on Africa's Economic 
        Growth,'' Forbes (2016)

   ``It's Time for U.S. Companies to See Africa as an 
        Investment Destination,'' Initiative for Global Development 
        (2016)

   ``A Global Stage for Africa's Rising Tech Entrepreneurs,'' 
        Wilson Center (2016)

   ``A Legacy in the Making: Obama's Approach to Security 
        Sector Assistance,'' The Cipher Brief (2016)

   ``The Imperative of African Leadership,''

   ``Human Rights, Israel, and the Political Realities of 
        Occupation,'' Israel Law Review (2008) (also available at 
        https://papers.ssrn.com/sol3/cf_dev/AbsBy
        Auth.cfm?per_id=621360)

   ``The Era of Multilateral Occupation,'' Berkeley Journal of 
        International Law (2006) (also available at https://
        papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?
        per_id=621360)

   ``The CIA Mandate and the War on Terror,'' Note, Yale Law & 
        Policy Review (2005) (also available at https://
        papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?
        per_id=621360)

   ``Balm for Rose Bowl Blues,'' San Francisco Chronicle (2004)

   ``Student Government Under Siege,'' San Francisco Chronicle 
        (1996)
White House Blogs
    During my time working at the National Security Council at the 
White House from 2011-2015, I authored or co-authored various blog 
posts related to my duties. Below is a list of blogs which I have been 
able to identify from my records and electronic searches. If additional 
blogs are identified, they will be provided to the committee promptly. 
Links are provided.

   President Obama's Meeting with Nigerian President Muhammadu 
        Buhari, July 2015

   National Security Advisor Rice Offers a Message on South 
        Sudan Independence, July 2015

   Reinforcing the U.S.-Africa Partnership, March 2015

   President Obama's Message to the Nigerian People, March 2015

   Launching the Plan to Combat Wildlife Trafficking, February 
        2015

   Standing with the People and Transitional Government of the 
        CAR, September 2014

   Further U.S. Efforts to Protect Human Rights in Uganda, June 
        2014

   Ambassador Rice Meets with Governors from Nigeria, March 
        2014

   A New National Strategy for Combating Wildlife Trafficking, 
        February 2014

   Briefing on the Young African Leaders Initiative, January 
        2014

   Urging Peace in South Sudan, December 2013

   President Obama's Message to the People of the Central 
        African Republic, December 2013

   White House Hosts Forum to Counter Wildlife Trafficking and 
        Announces Advisory Council, September 2013

   A New Presidential Envoy for Sudan and South Sudan, August 
        2013

   The AGOA Forum: Promoting Sustainable Growth in Africa, 
        August 2013

   Addressing the Crisis in South Sudan's Jonglei State, July 
        2013

   President Obama Meets with Leaders of Sierra Leone, Senegal, 
        Malawi, and Cape Verde, March 2013

   President Obama's Message to the People of Kenya, February 
        2013

   The Future of America's Partnership with Sub-Saharan Africa, 
        June 2012

   President Obama's Message to the People of Sudan and South 
        Sudan, April 2012
Remarks/Interviews
    During my tenure at the White House and while in private life, I 
have delivered remarks, both formally and informally, in a variety of 
fora that have centered or touched on issues related to U.S. economic 
competitiveness, economic growth, international business, and other 
topics related to the work of the U.S. Department of Commerce. To the 
best of my ability, I have provided a list of relevant speeches, 
remarks, and interviews that I have been able to identify from my 
records and electronic searches. If any additional speeches are 
identified, they will be provided to the committee promptly.
    Links are provided where available.

   George Washington University, guest lecture in a course at 
        the Elliott School of International Affairs, June 3, 2021

   CNBC International, January 20, 2021

   Benedictine University, keynote speaker as part of a lecture 
        series on leadership (2021), December 2, 2020

   Concordia, panel participant at Concordia Africa Initiative, 
        November 17, 2020

   Syracuse University, guest lecture at Maxwell School of 
        Citizenship & Public Affairs, November 10, 2020

   CNBC Africa, November 10, 2020

   Cornell, guest lecture in a course at Cornell SC Johnson 
        School of Business, November 9, 2020

   CNBC Africa, November 9, 2020

   eNCA TV, November 7, 2020

   Yale University, guest lecture in a course at the Yale 
        Jackson Institute for Global Affairs, November 6, 2020

   CNBC Africa, November 4, 2020

   567 Cape Talk Radio, November 3, 2020

   CNBC Europe, November 3, 2020

   University of Chicago, workshop at the Harris School of 
        Public Policy, October 27 and 29, 2020

   University of California, Berkeley, guest lecture in an 
        undergraduate course, October 26, 2020

   CNBC Africa, October 23, 2020

   Sciences Po Paris and Sciences Po Saint-Germain-en-Laye, 
        guest lecture, October 21, 2020

   CBS News, October 20, 2020

   Carthage College, keynote speaker at Aspire conference, 
        October 16, 2020

   CNBC International, October 8, 2020

   Horasis Extraordinary Meeting, panelist, October 1, 2020

   Concordia, moderated roundtable at the Concordia Annual 
        Summit 2020, September 25, 2020

   CNBC, September 17, 2020

   University of California, Berkeley, guest lecture in an 
        undergraduate course, September 15, 2020

   Johns Hopkins University, guest lecture in a course at 
        School of Advanced International Studies, September 9, 2020

   KPMG Assurance and Consulting Services, panelist, August 18, 
        2020

   MiDA Advisors International Retreat, July 6, 2020

   Los Angeles World Affairs Council, panelist on panel co-
        sponsored by the Los Angeles World Affairs Council and World 
        Trade Center LA, June 24, 2020

   Cal Maritime, panelist, June 13, 2020

   University of Johannesburg, panelist, May 20, 2020

   Northwestern University, guest lecture at Kellogg School of 
        Management, April 29, 2020

   CNBC Africa, April 8, 2020

   CNBC Africa, April 3, 2020

   TV47, February 20, 2020

   Pan-African Business Forum Annual Trade Conference in 
        California, keynote, October 15, 2019

   Johns Hopkins University, guest lecture in a course at 
        School of Advanced International Studies, October 10, 2019

   National Defense University, guest lecture at National War 
        College, October 7, 2019

   Pacific Council on International Affairs PolicyWest 
        Conference, panelist, October 4, 2019

   Concordia, panelist at the Concordia Annual Summit 2019, 
        September 23, 2019

   AfricCanDo Interview, September 23, 2019

   BBC World News television, August 1, 2019

   University of California, Davis, guest lecture in a course 
        at UC Davis Graduate School of Management, July 26, 2019

   Pacific Council on International Policy, moderator of panel, 
        July 25, 2019

   University of California, Davis, Mandela Washington Fellows 
        program, July 5, 2019

   BBC World Service radio, May 29, 2019

   Business Council for International Understanding, moderator 
        of conference call discussion, May 14, 2019

   Berkeley-Haas Africa Business Forum, panelist, April 6, 2019

   Sagamore Institute in Indianapolis, Indiana, talk hosted by 
        Malichi Group Worldwide, March 21, 2019

   Indiana University, ``America's Role in the World'' 
        conference at Indiana University Bloomington, panelist, March 
        22, 2019

   Illinois District Export Council, March 5, 2019

   Northwestern University, guest lecture at class at Kellogg 
        School of Management, March 5, 2019

   Business Council for International Understanding, moderator 
        of conference call discussion, February 26, 2019

   CNBC Africa, January 20, 2019

   CNBC Africa, January 14, 2019

   University of California, Davis, moderated a discussion on 
        ``The Collective Memory of Genocide'' with the Minister of 
        Justice and Attorney General of Rwanda at the University of 
        California, Davis Law School, November 5, 2018

   International Trade Association of Greater Chicago, 
        Executive Roundtable, November 2, 2018

   University of Chicago, remarks at the Harris School of 
        Public Policy, November 2, 2018

   Northwestern University, panelist at event at Kellogg School 
        of Management, November 1, 2018

   NPR, October 8, 2018

   University of Chicago, Pearson Global Forum, October 5, 2018

   Kuramo Capital Annual ``Sub-Saharan Africa Day'' at the 
        Harvard Club of New York, September 25, 2018

   TRT World Television, September 4, 2018

   France 24, September 4, 2018

   Johns Hopkins University, guest lecture in a course at 
        School of Advanced International Studies, September 20, 2018

   Voice of America, ``Africa 54,'' August 27, 2018

   BBC World News, August 27, 2018

   CNBC Africa, August 23, 2018

   Voice of America, ``Africa 54,'' July 17, 2018

   CNBC Africa, July 25, 2018

   CNBC Africa, July 24, 2018

   CNBC Africa, July 10, 2018

   Princeton University Junior Summer Institute, July 9, 2018

   Voice of America, ``Africa 54,'' June 18, 2018

   Channels TV, June 8, 2018

   CNBC Africa, June 1, 2018

   CNBC Africa, May 24, 2018

   ``Why Africa Should Matter to All of Us, Interview with 
        Former Presidential Advisor, Grant Harris,'' Everyday Power, 
        May 11, 2018

   SEED Project, panelist, Hoop Forum Conference in Senegal, 
        May 12, 2018

   Wisconsin Manufacturers & Commerce video, May 10, 2018

   New York City Bar Association, remarks on a ``Strategic 
        Approach to Mitigating Business Risk in Africa, April 25, 2018

   Initiative for Global Development's ``Africa Investment 
        Rising'' Roadshow Tour, fireside chat, April 24, 2018

   New York University, guest lecture in graduate international 
        relations course, April 24, 2018

   Lincoln High School Hall of Fame Induction Ceremony, April 
        21, 2018

   American University, guest lecture, April 18, 2018

   University of Wisconsin-Madison, ``Africa at Noon'' Lecture, 
        March 21, 2018

   University of Wisconsin-Madison, ``Africanists@Work'' Panel, 
        March 21, 2018

   University of California, Berkeley, Center for African 
        Studies, keynote, March 1, 2018

   Chatham House, remarks on ``North Korea-Africa Relations: 
        Engagements and International Tensions,'' February 7, 2018

   BBC World Service radio ``Newsday'' Program, February 7, 
        2018

   Voice of America, February 22, 2018

   Business Council for Africa and Invest Africa Roundtable, 
        February 8, 2018

   Columbia Business School, guest lecture, January 30, 2018

   Pacific Council on International Policy, moderator of 
        fireside chat, October 25, 2017

   Voice of America, December 19, 2017

   Lagos Business School, remarks on ``An American Perspective 
        on Investing in Africa: Trends, Political Risk and 
        Opportunities,'' December 14, 2017

   Web Summit in Lisbon, Portugal, panelist, November 8, 2017

   Princeton University's Business Today Executive Seminar, 
        November 20, 2017

   The Cipher Brief, November 19, 2017

   Chicago Council on Global Affairs, panelist, November 15, 
        2017

   Global Midwest Alliance Roundtable in Chicago, Illinois, co-
        sponsored by K&L Gates, November 15, 2017

   Oregon World Affairs Council Event, keynote remarks Harris 
        Keynotes Oregon World Affairs Council Event on U.S.-Africa 
        Policy, November 1, 2017

   U.S. Air Force Academy, 59th Academy Assembly, panelist, 
        October 18, 2017

   Eastern Congo Initiative event moderator, September 19, 2017

   University of California, Davis, Mandela Washington Fellows 
        program, June 28, 2016

   Pacific Council on International Policy, panelist, October 
        5, 2017

   Sunday Talk Show on ``Africa Today TV'', June 9, 2017

   Atlantic Council event on release of ``Why Africa Matters to 
        U.S. National Security'' report, May 25, 2017

   Facebook Live Interview on release of ``Why Africa Matters 
        to U.S. National Security'' report, May 25, 2017

   Africa Finance Corporation, AFC Live Summit, panelist, May 
        16, 2017

   Stanford Graduate School of Business hosted by Seed, the 
        Stanford Institute for Innovation in Developing Economies, May 
        22, 2017

   Atlantic Council Summit in Turkey, panelist, April 26, 2017

   BBC World Service radio ``Newsday'' Program, January 25, 
        2017

   African Diplomatic Corps in Washington, DC, November 18, 
        2016

   George Washington University, fireside chat at the Elliott 
        School of International Affairs, November 16, 2016

   Pacific Council on International Policy, PolicyWest 
        Conference, panelist, October 15, 2016

   Pacific Council on International Policy, panelist, September 
        14, 2016

   American Association of Blacks in Energy (AABE) National 
        Conference keynote, April 21, 2016

   Powering Africa Summit keynote, January 28, 2016

   Powering Africa Summit, panelist, January 28, 2016

   African Diaspora Investment Symposium, panelist, January 30, 
        2016

   Global African Investment Summit, moderator and panelist, 
        December 1 and 2, 2015

   Emerging Markets and Private Equity Association Summit, 
        panelist, October 28, 2015

   Social Innovation Summit produced by Landmark Ventures, 
        panelist, November 18, 2015

   International Stability Operations Association Summit, 
        panelist, October 29, 2015

   Press Call on the Upcoming Visit of the President of 
        Nigeria, July 17, 2015

   Presidential Summit for the Washington Fellowship for Young 
        African Leaders, August 5, 2015

   Ambassador Andrew Young Lecture Series, March 3, 2015

   Presidential Summit for the Washington Fellowship for Young 
        African Leaders, July 29, 2014

   Africa Policy Breakfast, panelist, August 1, 2013

   ``Africa 54,'' Voice of America, July 26, 2013

   Press Gaggle Aboard Air Force One, July 1, 2013

   Conference Call Briefing on the President's Trip to Africa, 
        June 21, 2013

   U.S. State Department Video Segment, June 20, 2013

   Briefing on the Situation in the Democratic Republic of the 
        Congo, White House Conference Call, December 12, 2012

   A Conversation on Obama Administration Sub-Saharan Africa 
        Policy, White House Event, July 30, 2012

   Young African Leaders Innovation Summit, June 14, 2012

   Preventing and Responding to Atrocities: An Interactive 
        Discussion, panelist, White House Event, April 23, 2012

   University of Pennsylvania, guest lecture at Wharton School, 
        March 2011

   Yale Law School, panel, February 25, 2011

    18. List all digital platforms (including social media and other 
digital content sites) on which you currently or have formerly operated 
an account, regardless of whether or not the account was held in your 
name or an alias. Include the name of an ``alias'' or ``handle'' you 
have used on each of the named platforms. Indicate whether the account 
is active, deleted, or dormant. Include a link to each account if 
possible.
    All of the following accounts are active.

   LinkedIn: https://www.linkedin.com/in/gtharris/

   Twitter: https://twitter.com/Grant_T_Harris

   Facebook: https://www.facebook.com/grant.harris.313

    19. Please identify each instance in which you have testified 
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each 
testimony.
    Not Applicable.
    20. Given the current mission, major programs, and major 
operational objectives of the department/agency to which you have been 
nominated, what in your background or employment experience do you 
believe affirmatively qualifies you for appointment to the position for 
which you have been nominated, and why do you wish to serve in that 
position?
    I wish to serve in the Department of Commerce because I want to 
support U.S. businesses, jobs, and economic competitiveness. If 
confirmed, I would bring to this role a mix of experience in both the 
public and private sectors. I have worked twice in the White House and 
have experience creating and managing U.S. policy across a broad range 
of issues, including initiatives to advance U.S. trade and investment. 
At the same time, I have extensive experience helping American firms 
expand their business and compete in global markets, as the CEO of a 
consulting company that I founded, and previously as a transactional 
attorney at a global law firm. I also teach on doing business in global 
markets at multiple business schools.
    21. What do you believe are your responsibilities, if confirmed, to 
ensure that the department/agency has proper management and accounting 
controls, and what experience do you have in managing a large 
organization?
    The Commerce Department, like all departments and agencies, 
requires strong oversight and accounting controls. I will draw on my 
management experience from both the public and private sectors. At the 
National Security Council at the White House, I was responsible for 
U.S. policy toward Africa across the full range of security, economic, 
and political issues, which included leading regional and country-
specific strategy and decision-making processes involving the 
President. In that role, I created and led initiatives that required 
managing dozens of departments and agencies, including, for instance, 
managing preparations for a presidential summit involving approximately 
50 heads of state. For the summit, I led a wide-ranging team involving 
dozens of agencies and over 50 embassies to create a successful summit 
with $37 billion in outcomes. At the U.S. Mission to the United 
Nations, I served as Deputy Chief of Staff and Counselor as part of the 
mission's management team. In the private sector, I founded and manage 
my own company and have served on the board of a multilateral finance 
institution that focuses on private sector infrastructure and, at the 
time, had a balance sheet size of over $3 billion.
    22. What do you believe to be the top three challenges facing the 
department/agency, and why?
    First, we need to address the economic damage caused by the global 
pandemic and rebuild a stronger and more resilient economy by investing 
in our people, businesses, and communities.
    Second, we must advance and protect U.S. national security and 
economic security, including through resilient supply chains and access 
to global markets.
    Third, we need to ensure that prosperity in our country is broad-
based and that all communities have resources and accessible pathways 
to good jobs.
                   b. potential conflicts of interest
    1. Describe all financial arrangements, deferred compensation 
agreements, and other continuing dealings with business associates, 
clients, or customers. Please include information related to retirement 
accounts.
    My arrangements are described in Part 3 of my Public Financial 
Disclosure Report.
    2. Do you have any commitments or agreements, formal or informal, 
to maintain employment, affiliation, or practice with any business, 
association or other organization during your appointment? If so, 
please explain.
    If confirmed, my consulting business will be inactive during my 
appointment and all outstanding client fees, if any, will be fixed 
before I enter government service.
    3. Indicate any investments, obligations, liabilities, or other 
relationships which could involve potential conflicts of interest in 
the position to which you have been nominated. Explain how you will 
resolve each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
Department of Commerce ethics officials and the Office of Government 
Ethics to identify any potential conflict of interest. Any potential 
conflict of interest will be resolved according to the terms of the 
ethics agreement that I have entered into with the Commerce 
Department's Alternate Designated Agency Ethics Official, which I 
understand will be provided to this Committee. I am not aware of any 
potential conflict of interest other than those identified in my ethics 
agreement. In the event that an actual or potential conflict of 
interest arises during my appointment, I will consult with the Commerce 
Department's ethics officials and take the actions necessary to resolve 
the conflict.
    4. Describe any business relationship, dealing, or financial 
transaction which you have had during the last ten years, whether for 
yourself, on behalf of a client, or acting as an agent, that could in 
any way constitute or result in a possible conflict of interest in the 
position to which you have been nominated. Explain how you will resolve 
each potential conflict of interest.
    Any potential conflicts of interest have been identified in my 
ethics agreement, which will be provided to the Committee, and will be 
resolved in accordance with the terms of that ethics agreement.
    5. Identify any other potential conflicts of interest, and explain 
how you will resolve each potential conflict of interest.
    I am not aware of any other potential conflicts of interest that 
may arise other than those identified in my ethics agreement. However, 
should a conflict arise during my appointment, I will consult with the 
Commerce Department's ethics officials and take the actions necessary 
to resolve the conflict.
    6. Describe any activity during the past ten years, including the 
names of clients represented, in which you have been engaged for the 
purpose of directly or indirectly influencing the passage, defeat, or 
modification of any legislation or affecting the administration and 
execution of law or public policy.
    Not applicable.
                            c. legal matters
    1. Have you ever been disciplined or cited for a breach of ethics, 
professional misconduct, or retaliation by, or been the subject of a 
complaint to, any court, administrative agency, the Office of Special 
Counsel, professional association, disciplinary committee, or other 
professional group? If yes:

  a.  Provide the name of agency, association, committee, or group;

  b.  Provide the date the citation, disciplinary action, complaint, or 
        personnel action was issued or initiated;

  c.  Describe the citation, disciplinary action, complaint, or 
        personnel action;

  d.  Provide the results of the citation, disciplinary action, 
        complaint, or personnel action.
    No.
    2. Have you ever been investigated, arrested, charged, or held by 
any Federal, State, or other law enforcement authority of any Federal, 
State, county, or municipal entity, other than for a minor traffic 
offense? If so, please explain.
    No, though I once received a citation under the Maryland Traffic 
Act in 1995 (at age 18) for displaying a friend's California driver's 
license to a movie theater doorman, but the citation was dismissed.
    3. Have you or any business or nonprofit of which you are or were 
an officer ever been involved as a party in an administrative agency 
proceeding, criminal proceeding, or civil litigation? If so, please 
explain. No.
    4. Have you ever been convicted (including pleas of guilty or nolo 
contendere) of any criminal violation other than a minor traffic 
offense? If so, please explain. No.
    5. Have you ever been accused, formally or informally, of sexual 
harassment or discrimination on the basis of sex, race, religion, or 
any other basis? If so, please explain. No.
    6. Please advise the Committee of any additional information, 
favorable or unfavorable, which you feel should be disclosed in 
connection with your nomination. None.
                     d. relationship with committee
    1. Will you ensure that your department/agency complies with 
deadlines for information set by congressional committees, and that 
your department/agency endeavors to timely comply with requests for 
information from individual Members of Congress, including requests 
from members in the minority? Yes.
    2. Will you ensure that your department/agency does whatever it can 
to protect congressional witnesses and whistle blowers from reprisal 
for their testimony and disclosures? Yes.
    3. Will you cooperate in providing the Committee with requested 
witnesses, including technical experts and career employees, with 
firsthand knowledge of matters of interest to the Committee? Yes.
    4. Are you willing to appear and testify before any duly 
constituted committee of the Congress on such occasions as you may be 
reasonably requested to do so? Yes.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    Senator Wicker. Well, thank you very much. Senator Cantwell 
had to take a quick phone call and she asked me to go ahead and 
begin. So let me begin, Ms. Boyle, with you about the decision 
to pull personnel from the ports of entry. Were you involved in 
that decision, and to your knowledge, was Congress notified 
about that decision?
    Ms. Boyle. Thank you for that question, Senator. As the 
Chief Operating Officer of the agency, I was asked to provide 
operational impact assessment of moving to remote status. And I 
advised the Commission on that and on potential impacts and 
alternative ways of executing the agency mission.
    Senator Wicker. Do you know if Congress was notified?
    Ms. Boyle. I can't answer that question directly. I--that 
was not from my office in terms of the interaction with 
Congress. I do think that there was a delay in notification. 
And I do think that it was something that, looking back, we 
could have done a better job on.
    Senator Wicker. Alright. Fair enough. Well, let me ask you 
this, then, USA Today had an article that quoted you that in 
making the decision to pull CPSC personnel from the ports, that 
you, Mrs. Boyle, said, ``the agency could chase problem 
products later through recalls.'' Is that an accurate quote?
    Ms. Boyle. Thank you, Senator. I can't say--it was from a 
meeting in March. It is an exact quote. I can't say whether 
that was precise. I didn't speak to the USA Today reporter. 
That was not from me directly. So that said, I will explain my 
advice that I gave to the Commission on this----
    Senator Wicker. I think that would be helpful.
    Ms. Boyle. OK. In terms of the Commission has a variety of 
tools at its disposal to address unsafe products. And I can say 
to be sure, the best tool that it has available is to stop 
those products from coming into the country. That said, the 
CPSC actually has a very limited physical presence at the ports 
so that we have 327 ports nationwide and we actually only have 
a physical presence at 18 of those ports.
    And so the unfortunate fact is that every day, even when we 
are fully staffed, imported products do make their way into the 
country and the agency has to use a variety of tools such as 
Internet surveillance and recalls to address those products. 
And so--and I would also note during the pandemic, during 
roughly the first five to 6 months of the pandemic, 80 percent 
of the large, containerized shipments that we addressed through 
our seaports had dropped.
    And so the issue really in a lot of ways is looking 
forward, how do we address, and I think my fellow nominee 
alluded to this in terms of questions about e-commerce, how do 
we address those direct consumer shipments that come in? 
Because large containerized shipments, which is really the 
focus of the CPSC model now, it is certainly important to keep 
focus on that, but I think as many in this room probably could 
attest, e-commerce direct to consumer shipments skyrocketed.
    And even when we were fully staffed, unfortunately, the 
agency had no staff at these hubs where the products come in. 
And I would also add that the agency doesn't have a technology 
tool in place to target those shipments. So if I am confirmed, 
one of the highest priorities I have is to expand the e-
commerce enforcement portfolio and footprint, so----
    Senator Wicker. That is good to know. Thank you. Appreciate 
you engaging me on that issue. And Mr. Hoehn, help us pronounce 
your name.
    Mr. Hoehn-Saric. It is pronounced Hoehn-Saric.
    Senator Wicker. OK, well, Mr. Hoehn-Saric, do you agree 
with the decision that was made to pull the CPSC personnel from 
the ports? And what do you think about that?
    Mr. Hoehn-Saric. Senator, thank you for the question. Not 
having been at the Commission, it is hard for me to opine 
exactly on the situation they are dealing with. Obviously with 
COVID, so many different parts of the Government were 
struggling to figure out how to deal, how to keep the employees 
safe, at the same time, you know, successfully achieve their 
job and fulfill the mission.
    You know, I think this is something that you have looked 
at, you have asked the GAO to take a look at this, and it is 
well worth trying to understand both what happened, what could 
have been done better, and prepare for these things going 
forward. So I look forward to working with the GAO as you 
started that to try to figure out what is the best way to both 
protect the American public while dealing with these exigent 
circumstances.
    Senator Wicker. OK, well, perhaps we can--well, OK, let me 
take another chance then since the Chair has not returned. 
What--Ms. Boyle, what was your role in the release of the 
unauthorized information? And have you read my report, and 
would you like to respond to that?
    Ms. Boyle. Thank you for that question, Senator. My role 
was as the Executive Director to supervise the response to the 
unauthorized disclosure, which was a very unfortunate and 
significant human error. And once I was notified of the 
release, I immediately notified the Acting Chair at the time 
and directed staff to respond quickly and expansively and to 
make sure the staff understood the breadth of the disclosure 
that had occurred. I did read your report.
    We took the recommendations very seriously and I have 
directed staff to respond to those. And we have instituted 
training. We have internal controls in place that are designed 
to take out some of the human error possibility. I mean, there 
is always going to be mistakes by human beings. But to the 
extent that we can put processes in place to guard against 
those, I think it is really important, so we took it very 
seriously.
    Senator Wicker. Was there anything in the report that you 
took issue with that you recall?
    Ms. Boyle. Sitting here today, no. I think it was a fair 
report. I think it was--looked at what happened and assessed 
that it was a mistake that needed to be corrected. And we took 
that very seriously.
    Senator Wicker. Thank you very much. Madam Chair.
    The Chair. Thank you, Senator Wicker. And thank you for 
taking the first round of questions. Very much appreciate it. I 
would like to go to the issue I raised in my opening comments 
about residential elevators. The committee report in 2019 urged 
action, urged that the CPSC take action. And just a few weeks 
ago, there was another tragedy when a small boy was killed in 
an elevator in a vacation home. So to me, this is a deadly 
serious problem that needs immediate attention.
    There is a commonsense fix, it just hasn't been 
implemented. So to ensure that this is addressed, obviously we 
can do something about it. And I sent a letter to the CPSC two 
weeks ago asking the Commission to focus on the risk of 
residential elevators in these vacation rentals where people 
may not be familiar, may just be there for a few days, may not 
understand the risk.
    So following the letter, the Commission urged vacation 
companies, rental companies to take action to protect families 
and their young children. To me, this is not an adequate 
solution in response of this glaring safety problem.
    We need more to take immediate action on this. So I would 
like to ask each of the nominees here, will you make this a 
priority? And what steps do you think we need to do to 
present--to correct this known hazard?
    Mr. Hoehn-Saric. Thank you, Senator, for the question. I 
mean, since 1981, approximately 4,600 injuries and I believe 
over 23 deaths have been associated with residential elevators. 
Clearly, this is a problem. It has been a problem for a long 
time. The agency has taken only limited action here, as you 
have pointed out. I agree. I commit to you to, if confirmed, to 
work with the staff, work with my fellow Commissioners to put 
together a plan, bring that back to you and your staff about 
how to best move forward to address this issue as quickly as 
possible.
    The Chair. Ms. Boyle.
    Ms. Boyle. Thank you for the question, Senator. And I agree 
completely that these tragic incidents are the type of thing 
that the agency needs to address more quickly and more 
comprehensively, and that we should use all of our authorities 
to do so. Currently, there is administrative litigation 
pending, and I think that is a good thing that the agency is 
looking to use that authority.
    There is mandatory rulemaking that is a potential option, 
including doing a better job at communicating to consumers of 
the risks. And so I think we have to use all of our 
authorities. And if we don't have sufficient authorities to 
work with this committee to see what else we can do to make 
sure that we are able to respond more quickly when these things 
happen.
    The Chair. Thank you. Mr. Trumka.
    Mr. Trumka Jr. Thank you, Senator. The stories of injury 
and deaths caused by residential elevators, they are tragic and 
as you pointed out, avoidable. I think it should absolutely be 
a priority. And I am very happy to work with you to make sure 
we get the best fix there.
    The Chair. Thank you. Well, I think as Commissioners, I 
think this is the judgment that we are asking people to make to 
protect the life and safety particularly of young children, 
which is a very big role for the Commission. I would like to 
turn to you, Mr. Harris, for a question about supply chain. As 
I mentioned, we had a supply chain hearing just a week ago with 
a bunch of expert witnesses. But I would say for me, since we 
have a very big supply chain in the State of Washington, about 
150,000 people are part of an aerospace supply chain, these 
issues are critically important. But I could make examples of 
other supply chains in the energy sector.
    We obviously in this committee have had a lot of discussion 
about the semiconductor industry. We--you brought up the COVID-
19 and the supply chain related to those issues. So I think we 
got a wide awakening during the COVID-19 about what 
vulnerabilities of supply chain mean. But one of the things 
that you need to do, obviously, in your position is oversee the 
Department of Commerce participation in the foreign investment 
in the United States CFIUS.
    And one of the issues that I see is that we--well, we are 
almost kind of looking at a top down, you know, Wall Street way 
of being competitive in some of these big sectors, like how do 
we squeeze two more, you know, two more percentages of savings 
in an entire sector. Other countries and other supply chain 
people are trying to implement new strategies. They are looking 
for the latest and greatest technology and trying to implement 
it.
    So here we are being very hierarchical in the United States 
and then around the globe, because they are hungry, they are 
thirsty, they are basically looking for new technology. So 
literally, they are trying to buy the U.S. companies that will 
give them that technology. They are trying to put together what 
they think will be the supply chain of the 21st century, if you 
will.
    So what do we do about that? What do we do about America's 
competitiveness as it relates to this issue where we might wake 
up 1 day and all the technology, kind of like what we just went 
through with semiconductors, is pretty much offshore somewhere 
else, and now we are playing catch up. So what do we do about 
this?
    Mr. Harris. Thank you, Senator, for the question. You 
raised a host of issues that the industry and analysis team is 
at the epicenter of in this whole of Government response. And 
if confirmed, that would be my priority as well. I understand 
that the industry and analysis team has been a lot of the 
analytical rigor behind the President's executive order on 
America's supply chains. And there was initial 100 day reports. 
There was a task force created. Department of Commerce is 
working on this across the Government with other departments 
and agencies.
    But if confirmed, my role in particular would be twofold, 
making sure that the civil service--the civil servants in that 
office are feeding into these processes, including CFIUS but 
also our analysis of supply chains, and thinking about the 
competitiveness of U.S. industry across the board so that those 
decisionmaking processes benefit from their deep industry 
expertise. And then second, I would also be charged with 
engaging the industry as well to make sure that we are hearing 
directly from them what is happening.
    To your question, Senator, we need to take steps and we 
need to take steps quickly to make our supply chains more 
resilient. And the vulnerabilities are there. The attention is 
there. I know that Congress is focused on this as well, and I 
would be a strong partner in that regard.
    The Chair. But what do you--one of the questions that we 
had for the record was something Senator Rosen asked about, 
because I think she is thinking both about again the energy 
supply chain that exists in her State as well as the 
semiconductor supply chain. But one of the things someone 
suggested in response was that we should do a lot more on the 
mapping and inventory side.
    And when you actually do this mapping and inventory, which 
if you think about it, you know, we probably didn't have the 
ability to do it. But now that the information age exists and 
lots of applications of the AI and everything else, you could 
do it. And so you literally could see all the jobs in a 
particular supply chain, where they are, why they are 
important. So do you think we should be spending more dollars 
on doing things like that?
    Mr. Harris. Thank you, Senator. I know that the industry 
and analysis team, as part of their analysis, is looking both 
at vulnerabilities in specific supply chains, discussing that 
with industry. But they are also, to your previous question, 
thinking about what other countries are pursuing as part of 
their strategies, which is a critical aspect of how we respond. 
I am not aware of what dollars are being spent now per se as 
part of that chain or as part of that type of analysis.
    But if I were to be confirmed, I would want to study that 
immediately and work with you and your staff and others to try 
to make sure that we are putting all the resources in the right 
places, because I share your concern that this is a top issue 
and would be something that would be a focus of mine.
    The Chair. You know, I didn't realize until that hearing 
how important this subject was. Again, we live with a big 
supply chain, so we know lots of the ins and outs. But then 
when I started thinking about how much documentation of that 
wouldn't really be that hard, then it gives you a very, very 
clear picture of where the employment is. And once you see 
where the employment is, then you have a better understanding 
of what national interests are. I think the same thing is 
happening right now on broadband. A lot of people are proposing 
things on broadband, but they didn't even have the maps. So 
they don't even know what problem they are solving for because 
they didn't have the maps.
    Well, once you start getting the maps, you can say, oh, our 
biggest problem in the United States of America is those who 
can't afford broadband. So, yes, out of the 127 million people 
who don't have Internet at broadband speeds, 90 million of them 
are people who can't afford it. Only 20 million of them are 
people who live in areas where they don't have accessibility. 
So now you have to say, oh, well, what problem are we solving 
for? So I think that on supply chain, I think we need to 
understand more that employment aspect of the supply chain.
    Once you start understanding the numbers behind the supply 
chain, I think our strategy will be clearer, and I think that 
this will help us as a Nation. And then I am hoping that 
Commerce Secretary Raimondo, with her experience basically on 
workforce issues, can then better marry up our Nation's 
strategy with workforce and supply chain demand. That way, we 
stay competitive.
    And again, don't wake up like we do now, 10, 15 years later 
on semiconductors and say, wait a minute, it has all moved 
offshore and now we have a big vulnerability. So very 
interesting, growing, changing dynamic. And so we welcome you 
to that challenge. I think Senator Blackburn, you are next.

              STATEMENT OF HON. MARSHA BLACKBURN, 
                  U.S. SENATOR FROM TENNESSEE

    Senator Blackburn. Well, thank you, Madam Chair. And Mr. 
Harris, I want to just stay with you for a second, and the 
issues that we are addressing that have to do with the virtual 
space. The Privacy Shield, and the Privacy Shield framework, 
and the Court of Justice of the EU said that it was invalid for 
transfers of personal data from the U.S. to the EU.
    And the Department of Commerce says it is still 
administering the program, but companies can no longer rely on 
Privacy Shield to show their compliance with EU data protection 
rules, and consumers are losing out on some of these key 
protections. So we know that this is important on a lot of 
different fronts, and we know this comes under your purview and 
jurisdiction.
    And I would like to hear from you how you plan to continue 
to work with our EU counterparts and how you plan to get 
Privacy Shield reinstated and up and running?
    Mr. Harris. Senator, thank you for that question. My 
understanding is that the negotiations are ongoing right now. 
But I want to make very clear, I understand the importance of 
this issue. I know that thousands of U.S. companies, small and 
large, were dependent on this framework, well over 5,300 
companies. And my understanding is that about 70 percent of 
them were SMEs as well.
    So I don't know the exact status of these negotiations. But 
if confirmed, this would be a priority to dive in and do 
anything that I can to help finalize and facilitate a 
resolution.
    Senator Blackburn. I appreciate that. And just as Chairman 
Cantwell was talking with you about the supply chain and the 
importance of that and the importance to our Nation's economy 
that we be the one setting the standards, and that we become 
less reliant on China, not more reliant on China, that we move 
manufacturing out of China into us and our allies. These are 
components that are going to be incredibly important to us as 
we continue to move forward and look at these issues.
    Mr. Hoehn-Saric, let me ask you about CPSC's report from 
May where they are looking at AI and machine learning, and 
created a framework to evaluate the safety of these 
technologies in consumer products. And using AI and ML, of 
course, whether it is tracking products, whether it is 
identification, there is so much we can do to take out human 
error and to expedite and to facilitate.
    So I would like to hear from you, what is your focus going 
to be when it comes to making these technological changes and 
the utilization of these technologies a priority at CPSC?
    Mr. Hoehn-Saric. Senator, thank you for the question. I did 
read the report from May. I think that it is important both in 
terms of understanding how AI and machine learning will be 
utilized in consumer products and what that means for consumer 
safety. I think also what you are talking about as well, which 
is to what extent can the agency itself use such technologies 
to be able to prove and make itself more efficient.
    I think we are in the early stages of this at this point in 
time. And the chief technology officer of the agency has an AI 
background. I think that is a good start. But if confirmed, I 
would want to make sure that we have the resources in place, 
the expertise that we are dealing----
    Senator Blackburn. So, let me ask you this. Do you have the 
technical expertise, and do you have the foundational resources 
that you need to make this transition?
    Mr. Hoehn-Saric. Thank you. At the agency itself, I think 
it is good that the CTO has the background. I would want to be 
able to get to the agency, have a better understanding of what 
their resources are, and be able to get back to you to answer 
that exact question. I know that they have started, but I think 
this is early stages for them and they could use more expertise 
from what I have understood so far.
    Senator Blackburn. OK. Ms. Boyle, I saw you nodding so I 
think you want to weigh in on this, so go ahead.
    Ms. Boyle. Thank you, Senator, for that. I agree, it is a 
developing area at the agency, and I think we made a good 
start, but I think we certainly can use increased resources and 
expertise. We have had with the chief technology officer is a 
new position at the agency. And I do think that is a good 
start. The agency held a roundtable for stakeholders earlier 
this year to get information, but it is something that I do 
think requires additional focus and it is a developing area. 
And I welcome your interest and support on that.
    Senator Blackburn. Yes, well, we will be following that. 
And then also how you use blockchain. Watching also for 
permanent markings on children's toys, utilization of 
blockchain technology in that application also. Well, 
congratulations to each of you. The work that you do is 
important to all American citizens. But I think it is 
especially important to those of us who are mammas and 
grandmamas and are watching the safety of the supply chain, 
whether it is a children's toy or whether it is a cross border 
data transfer. Thank you very much. Thank you, Madam Chair.
    The Chair. Thank you, Senator Blackburn. Ms. Boyle, I 
wanted to ask in March 2020, the CPSC suspended in person port 
inspections due to concerns about COVID-19. And we surely have 
had a lot of port issues for sure with not having vaccinations 
for a workforce that were really critical, essential workers. 
This decision has been met with criticism. Can you explain the 
reason behind the CPSC's decision to suspend in-person 
inspections? And is it consistent with our goal of modernizing 
in the marketplace?
    Ms. Boyle. Thank you for that question, Senator. I know the 
Commissioners were grappling with very difficult issues when 
they were considering balancing protecting CPSC staff with 
continuing to execute the mission. My role as the Chief 
Operating Officer was to advise on options for the Commission 
to consider. And the Commission does have a variety of tools at 
its disposal to address unsafe products. And to be sure, 
stopping products at the port is the best outcome.
    That said, the CPSC has a very limited physical presence at 
our ports. There are 327 ports nationwide and the agency only 
has a physical presence at 18 of those ports. So the 
unfortunate fact is that even when fully staffed every day, 
unsafe products do enter the country and the agency has to use 
a variety of tools to address those products. I would also note 
that the current import model that the agency uses now is 
focused on large, containerized shipments that come through the 
seaports.
    And during this period that you are referring to, those 
shipments had declined by about 80 percent, while at the same 
time there was a huge increase in e-commerce direct to consumer 
shipments. And unfortunately, that exposed something that the 
agency really needs to address, and that is those e-commerce 
shipments, because even when fully staffed, we did not have 
personnel at the hubs where those products are coming in, nor 
do we have--did the agency have a technology in place to target 
for those shipments.
    So if I am confirmed, it is going to--it would be one of my 
highest priorities to expand the e-commerce enforcement 
portfolio.
    The Chair. Thank you. Thank you. Senator Thune.

                 STATEMENT OF HON. JOHN THUNE, 
                 U.S. SENATOR FROM SOUTH DAKOTA

    Senator Thune. Thank you, Madam Chair. Mr. Harris, small 
businesses play an important role in providing the Government 
with information technology such as hardware, software, and 
other critical technology. Do you support efforts to more 
appropriately classify IT resellers to ensure smaller entities 
are able to partner and enter into contracts with the Federal 
Government?
    Mr. Harris. Thank you, Senator, for that question. This is 
an issue where conceptually I completely understand the 
importance, as you have said. And if I were confirmed, I would 
want to figure out what I can do and what the industry and 
analysis team can do to be supportive. With your particular 
question, I am not privy to the ins and outs of what this 
Administration is considering to bolster these measures.
    I know the President, the White House, and the Department 
of Commerce as well are thinking about how to support small 
companies in this regard. So I would want to take that, and if 
confirmed, get smarter on it and see where I can be of help and 
understand as well, more specifically from you and from your 
staff, how I can be of use.
    Senator Thune. Thank you. Yes, there are a lot of small 
businesses out there that are doing great work and it would 
be--anything we can do to give them better access to and to be 
able to use the services they provide, the skill that they can 
bring to the table to partner with the Federal Government on 
some of these important issues, I think would be very 
important. Ms. Boyle, the CPSC's--I should say, the CPSC's 
Office of Import Surveillance is responsible for monitoring 
consumer products entering the United States through ports.
    And during the pandemic, the CPSC allowed port inspectors 
to work remotely, which has led to more hazardous goods and 
products reaching our market. As Executive Director of the 
CPSC, what was your role in the decision allowing port 
inspectors to work remotely? And did you support that decision?
    Ms. Boyle. Thank you for that question, Senator. As 
Executive Director, my role was to advise the Commissioners on 
the operational impact of going to remote status and various 
options available to the Commission. And I would say that it 
was a very difficult decision that the Commissioners were 
confronted with in terms of balancing, protecting CPSC staff, 
and it continuing to execute its mission.
    And among lots of bad choices, no good choices, I did 
support their decision to do so, given that we had other tools 
that the agency routinely does employ to address unsafe 
products.
    Senator Thune. What is the status going forward?
    Ms. Boyle. Currently, we are fully staffed at the ports. 
And going forward, it is--the lesson for me in their pandemic 
is not only the need to continue to bolster staff at the 
traditional seaports where we focus on large, containerized 
shipments, but it is really to expand our enforcement portfolio 
in the e-commerce direct consumer area because that was--
skyrocketed during the pandemic. And even when fully staffed, 
we had no staff at the hubs where those shipments were coming 
in and we did not have any technology in place to target for 
those shipments.
    So going forward, I think that it is certainly important to 
continue our focus on the seaports and containerized shipments 
that has been the traditional model, but that we need to expand 
the portfolio in e-commerce.
    Senator Thune. OK. I will direct this to Mr. Hall and 
Saric, Ms. Boyle and Mr. Trumka, in 2014, the CPSC proposed 
rulemaking implementing safety standards for recreational off 
highway vehicles or ROVs. Since that time, that particular 
rulemaking has been the subject of much debate, and no further 
action has been taken by the CPSC to finalize rules. If 
confirmed, do you believe the CPSC should terminate that 
particular rulemaking?
    Mr. Hoehn-Saric. Senator, thank you for that question. The 
rulemaking, the role of rulemaking with respect to ROVs has 
been, as you said, at the Commission for some time. There is an 
appropriations on it right now with respect to use of funds 
going forward to finalize that. That is not allowed until the 
National Academies of Science study is done.
    I think as a general rule, I think the agency should follow 
the science, understand where the greatest risks are and the 
hazards are, to be able to follow through. There have been a 
high number of deaths and injuries associated with ROVs. I 
would like to understand it better and be able to look at it 
from that perspective going forward. But obviously we will work 
consistent with the law and we will follow through with as the 
Congress feels fit.
    Ms. Boyle. Thank you for the question, Senator. I am sure 
you are well aware that the staff put forward a termination 
package to the Commission last year and there wasn't agreement 
on the Commission to approve that. Staff has worked with 
voluntary standards organizations on the technical analysis for 
rollover instability and put forward that package. My 
understanding is one of the issues that remained a question for 
some of the Commissioners was whether there was a two prong, 
whether the standards are adequate and whether there is 
substantial compliance.
    The issue of substantial compliance was a question that I 
think some of the Commissioners felt needed to be answered. I 
would be certainly open to looking at those issues now that 
some time has passed to look at whether the standards that 
staff put forward as adequate also are substantially complied 
with. So I considered something that I would be open to looking 
at.
    Senator Thune. Mr. Trumka.
    Mr. Trumka Jr. Thank you, Senator. I think I have got 
concerns about any rule that has been pending for 7 years. That 
doesn't provide the certainty that regulated entities need or 
that consumers need. I also am aware of the December omnibus 
bill language saying that no funds can be used for this unless 
other studies are done by the National Academies and other 
agencies. So with that clear Congressional statement in mind, I 
would like to talk to staff and understand the need for the 
rule and the viability of it.
    Senator Thune. Madam Chair, my time has expired, I believe. 
Yes, thank you.
    The Chair. Thank you, Senator. Thank you so much. You know, 
continuing on this about the rulemaking authority and the 
length of time, Mr. Hoehn-Saric, would you support legislation 
that would give the CPSC rulemaking authority under the 
Administrative Procedures Act?
    Mr. Hoehn-Saric. Thank you for the question, Senator. I 
believe the APA rulemaking authority is one that has been used 
by many agencies. It is fair, it is fast. It is one that both 
provides opportunity for comment. So, yes, I think APA 
rulemaking authority is one that has been used by most of the 
Government. I think that is a fair thing.
    The Chair. Ms. Boyle, do you have a comment on that?
    Ms. Boyle. I agree with Mr. Hoehn-Saric on that. I think it 
is a streamlined way for the agency to operate and has a 
history through Section 104 rulemaking for durable infant 
products that the agency uses, a similar streamlined approach 
and it has been a successful one.
    The Chair. OK. Mr. Trumka.
    Mr. Trumka Jr. Thank you, Senator. I agree with my fellow 
nominees.
    The Chair. Thank you. Yes, go ahead. Senator Thune.
    Senator Thune. So going back to this issue of rule changes, 
and I would direct this to the three of you again, but there 
has been--CPSC has considered rule changes to amend the 
regulations affecting fireworks, but the Commission is yet to 
issue a final rule. If confirmed, do you support the Commission 
taking action on the proposed rule changes?
    Mr. Hoehn-Saric. Thank you for that question, Senator. As 
my colleague noted, lack of certainty is not good for anybody 
in both the consumer side or for industry. So to the extent 
that it is pending and if confirmed, I will go in, understand 
the situation quickly. But I think moving forward with 
rulemakings makes sense to be able to provide that certainty 
for consumers and for the industry.
    Ms. Boyle. Thank you, Senator. On this issue, the agency 
has been grappling with it for some time. There is a wide range 
of feedback that we have gotten from stakeholders, much of it 
conflicting. And I think that is part of the reason why we 
haven't been able to move forward. I would commit to seeing if 
we could revisit those issues and forge a consensus opinion so 
that we could advance, I think what would be helpful, 
clarifying additions to the rule.
    Mr. Trumka Jr. Thank you, Senator. I think fireworks safety 
should continue to be a priority for the agency and I look 
forward to learning more about that specific proposed rule.
    The Chair. Thank you, Senator Thune. Senator Klobuchar.

               STATEMENT OF HON. AMY KLOBUCHAR, 
                  U.S. SENATOR FROM MINNESOTA

    Senator Klobuchar. Thank you very much, Madam Chair. I 
think I will start with something that we have worked hard on 
over the years, and that is pool safety. This is something that 
we got done back in 2007 to direct the CPSC to launch pool 
safety campaign. We actually changed the law so that the drains 
would have to be changed out. And as a result, a former chair 
came and spoke here and talked about how there had been no kids 
that died over about a five, 8 year period, which was 
incredible.
    So I guess I would start with you, Mr. Hoehn-Saric, will 
you continue that, and can you--do you know what the latest 
data is about if kids have died? And if you don't, could you 
get it for me?
    Mr. Hoehn-Saric. Senator, thank you for the question. Yes, 
I would commit to, if confirmed, focusing on a pool safety--
continue on pool safety. Not sure the latest data. I know the 
CDC put out data recently showing that, you know, high, 
especially for children under five, the rates of drowning--
excuse me--are high, especially in certain communities of 
color.
    And Native Americans suffer unintentional drowning rates at 
twice the rate of white population does. African-Americans 
about 1.5 times that amount. So if confirmed, I would both 
prioritize pool safety but also I would like to understand how 
it is affecting different vulnerable communities and be able to 
see how best to reach out to them.
    Senator Klobuchar. OK, thank you. Mr. Trumka, I enjoyed our 
talk yesterday. Thank you. In your testimony, you note that you 
have conducted a number of investigations on the House 
Oversight committee on Economic and Consumer Policy. And I know 
that one of the things that we have worked on is the baby food 
issue over there. Do you want to talk a little bit about that 
and the report that you worked on and what you think needs to 
be done?
    Mr. Trumka Jr. Thank you, Senator. And I also appreciated 
our talk yesterday. And I want to thank you for your leadership 
on baby foods. I think your support in introducing the Baby 
Food Safety Act in the Senate was critical in getting the FDA 
to act. The report found that there were very high levels of 
toxic heavy metals like arsenic, cadmium, lead, and mercury in 
baby foods. And the companies have known about this for some 
time.
    And there was really not a whole lot being done. There were 
no standards at FDA and so left to self-regulation, there was a 
lot of problems on the market, and it was leading to infant 
neurological development problems. And at the same time, the 
testing mechanisms that the companies were employing were 
really inadequate. And we continue to see that. Instead of 
testing their finished products, they are testing the 
ingredients, which has been undercounting, even internally 
undercounting the amount of metals in their products.
    And so I think it is very important for FDA to act. They 
have created the Closer to Zero program. As you know, you were 
instrumental in making that happen. And they are going to be 
reducing the levels of these metals over time. I think they 
need to speed up their timelines a good bit. They have given 
themselves a pretty long horizon. And I think they need a 
mandate ingredient testing now.
    Senator Klobuchar. OK, very good. Thank you. I think you 
mentioned this, Ms. Boyle, the e-commerce enforcement earlier. 
And earlier this month, the CPSC filed suit against Amazon to 
recall hazardous products sold on amazon.com, including 24,000 
defective carbon monoxide detectors. I have worked on the 
carbon monoxide issue over the years.
    We have had a number of children, others die, and nearly 
400,000 hairdryers sold without the required devices that 
protect against electrocution. In 2020, online sales 
represented more than 21 percent of total retail sales for the 
year, up 44 percent from 2019. And do you think the CPSC is 
ready to handle this?
    Ms. Boyle. Thank you for that question, Senator. I---
obviously there is litigation pending, so I don't want to speak 
specifically to that. And I do think the agency needs to use 
all of its authorities to address the issues that arise from e-
commerce platforms, not just the one that you mentioned. And I 
am hopeful that we will be able to use those authorities 
effectively. But I look forward to working with this committee 
to the extent that we need additional authorities to do so, to 
do our job effectively.
    Senator Klobuchar. Yes, because my experience taking on 
these platforms is not easy and it is hard to find allies. So 
please let me know. Last question for you and last question I 
will ask, following the increase in reports that pediatricians 
and emergency room doctors had seen an increase in patients 
seeking treatment for home injuries, we introduced the COVID-19 
Home Safety Act to require the CPSC to launch a study on 
injuries and deaths caused by consumer products.
    And I know that you worked on a report back in March, I 
think, that found that hospital emergency room treatment for 
some product related injuries rose during the pandemic. Could 
you talk about how that would be helpful for us going forward 
and into the future?
    Ms. Boyle. Thank you for that question, Senator. Yes, the--
we did a study because as everybody was at home, the incidents 
had shifted. So it used to be many sports related injuries, 
particularly during the school year, and those plummeted. At 
the same time, there were injuries related to bicycle helmets 
and bicycles and home injuries.
    And so being able to pinpoint through our data what the 
trends in injuries are is significant to what we do. And so to 
the extent that we can improve our data analytics abilities, 
that is something that I would continue to prioritize, because 
being able to look at the data and find out what is happening 
is crucial to what we do.
    Senator Klobuchar. OK, thank you. I will ask you a question 
later on the record, Mr. Harris, about the National Travel and 
Tourism Office. Senator Blunt and I lead the Brand USA bill and 
I am obviously concerned about what is going on in 
international travel, what is happening with the Canadian 
border. They have opened the border.
    And you can--if you are you if you are a Canadian citizen 
now, you can fly from Canada to the U.S., I guess, without a 
proof of vaccination. But you can't drive to Duluth, and you 
can't drive from Thunder Bay to Grand Marais. And it is a 
pretty crazy situation for people that can't afford a plane 
ticket. So look forward to talking with you about the 
Administration's position on that. Thank you.
    The Chair. Thank you, Senator Klobuchar. And again, thank 
you for your work on the pool safety issue. That is such an 
important issue so really appreciate it.
    Senator Klobuchar. Thank you.
    The Chair. Thank you. Senator Markey.

               STATEMENT OF HON. EDWARD MARKEY, 
                U.S. SENATOR FROM MASSACHUSETTS

    Senator Markey. Thank you, Madam Chair. In November of last 
year, Senator Blumenthal and I released a report from the GAO 
that is a blistering scalding indictment of the CPSC in failing 
to protect American consumers. According to GAO, the CPSC is 
slow to respond to new cases and does not follow its own 
written policies for prioritizing high risk and dangerous 
products.
    GAO also found that under the Trump Administration, CPSC 
almost exclusively used voluntary corrective actions instead of 
mandatory recalls. And more than half of the companies that 
signed these voluntary action plans do not consistently meet 
their requirements. The report additionally found that CPSC has 
taken few enforcement actions against offending companies and 
that the number of civil penalties issued in the last 2 years 
was the lowest in a decade.
    To simplify, CPSC has been turning a blind eye to many bad 
actors putting consumers at risk. Americans take for granted 
that products they use from baby strollers to bicycle helmets 
to smoke detectors to consumer product after consumer product 
are safe. But this important GAO investigation calls those 
beliefs into question, which should alarm every one of us with 
those sitting at that table the most.
    This report makes clear that CPSC needs new leadership who 
will end this era of corporate deference and take seriously the 
agency's mission to keep all of us safe. So, Mr. Hoehn-Saric, 
do you agree with the GAO's assessment, and do you pledge here 
to implement the GAO's recommendations?
    Mr. Hoehn-Saric. Senator, thank you for the question. I 
agree with you that we need to put consumers first. That should 
be the mission of the agency. I think the GAO pointed out a 
number of problems that need to be fixed over at the agency and 
clear metrics, holding companies accountable for what they have 
said that they should do and what they should do to make 
consumers whole is going to be extremely important and safe.
    Senator Markey. Do you agree that we have to move from 
voluntary to mandatory if we want to see these companies 
actually implement the recommendations, which the CPSC is 
making?
    Mr. Hoehn-Saric. Sorry, is it the voluntary recalls or 
voluntary standards? I am sorry.
    Senator Markey. The voluntary corrective actions that the 
CPSC has called for in the last several years has not worked. 
And the GAO has documented that that is the case. How do we, do 
you commit to moving it to mandatory corrective action?
    Mr. Hoehn-Saric. Thanks for your question, Senator. I mean, 
I think in the end, it is really, are the consumers being made 
whole by the recalls? And if the companies are willing to do 
that voluntarily, great. If they are not willing only to do it 
voluntarily, then we should move to mandatory. So I think it 
is--the target is going to be the consumer and making sure the 
consumers are served.
    Senator Markey. Well, the GAO is saying that the consumer 
is not being served by this.
    Mr. Hoehn-Saric. And then that is--they have done wrong.
    Senator Markey. OK, and so do you agree that there is a 
pattern of noncompliance with the voluntary corrective actions 
that the CPSC has ordered? Do you agree with that?
    Mr. Hoehn-Saric. From what I have read that the GAO report, 
that that seems absolutely right. Yes, sir.
    Senator Markey. Well, I think I am not eliciting from you 
the kind of the commitment to make these mandatory, which is 
what I want to hear. And so that is a little bit disquieting to 
me. Let me go to you, Ms. Boyle. Do you pledge here to 
implement the GAO's recommendations?
    Ms. Boyle. Thank you for that question, Senator. I do see 
the value of the voluntary corrective action when it works, 
because there is some benefit to getting a remedy to consumers 
quickly. But I do agree that there has been a pattern of 
voluntary agreements that do not favor consumers. And I do 
support moving to mandatory action when that doesn't happen. 
And that means litigation. And I do support going toward 
litigation.
    Senator Markey. I think that is important to hear. Mr. 
Trumka.
    Mr. Trumka Jr. Senator, your question was, do I support 
implementing the GAO's recommendations and the answer is yes, I 
do.
    Senator Markey. Excellent. Thank you. And let me then move 
on to ensure that the CPSC is acting in a way that is 
consistent with the environmental justice movement that is out 
there in ensuring that those products, toxic chemicals, 
dangerous products, that the CPSC's work becomes more important 
in the fight for environmental justice and equity. Will each of 
you commit to working to advance environmental justice 
appropriately, weigh health impacts, and promote consumer 
safety in overburdening communities? Mr. Hoehn-Saric.
    Mr. Hoehn-Saric. Yes, Senator.
    Senator Markey. Thank you.
    Ms. Boyle. Yes, Senator.
    Mr. Trumka Jr. Absolutely, Senator.
    Senator Markey. Thank you. I appreciate it. So and I thank 
you, Madam Chair. And I look forward to the new CPSC and the 
new era where the GAO reports come back with glowing praise for 
the role that the CPSC is playing in our country's health and 
safety history. So we thank you all and we thank you all for 
your willingness to serve as well. Thank you.
    The Chair. Thank you, Senator Markey. Senator Rosen.

                STATEMENT OF HON. JACKY ROSEN, 
                    U.S. SENATOR FROM NEVADA

    Senator Rosen. Thank you, Chair Cantwell, Ranking Member 
Wicker, for holding this hearing. And to all the nominees here 
today for your willingness to serve, we really appreciate you. 
I would like to talk with you, Mr. Harris. As we discussed 
earlier when we met this week, Nevada's economy, like so many 
other states, of course, relies heavily on travel and tourism. 
In 2019, Las Vegas's Harry Reid International Airport saw over 
50 million passengers, generated nearly $35 billion in economic 
output, supporting approximately 250,000 jobs, and was 
responsible for about 18 percent of the area's gross domestic 
product.
    So if confirmed as Assistant Secretary for Industry and 
Analysis, you would be responsible for overseeing the National 
Travel and Tourism Office, NTTO, works to enhance the 
international travel competitiveness of the U.S. travel and 
tourism industry, increase our exports, thereby creating U.S. 
employment and economic growth, as Senator Klobuchar just was 
stating from her state right on the Canadian border.
    So amidst a global pandemic that has decimated travel, 
tourism, leisure, and hospitality, this office, the work that 
it does is just more important than ever. So as Chair of the 
Committees, of this committee's Subcommittee of Tourism, Trade 
and Export Promotion, which has jurisdiction over NTTO, I would 
like to ask how, if confirmed, you will help--plan to help our 
travel and tourism industry recover and continue to grow 
through this challenging times?
    Mr. Harris. Thank you, Senator, for the question. And I 
appreciated the ability to have a conversation with you about 
that ahead of this as well. And I appreciate the hearings that 
you have held as Chair of the Subcommittee in particular. And I 
have heard you speak impassioned about this issue, noting as 
well that hospitality is 25 percent of the GDP of your state. 
But as you were speaking on a national level, too, I understand 
fully how important this is to so many communities and so many 
businesses, as well as to U.S. exports. It comprises 9 percent 
of U.S. exports, at least according to 2019 numbers.
    So this is an industry that is in need of support. We need 
to help rebuild. We need to help grow. And if I were honored to 
be confirmed, I would be working with the industry, including 
through the Travel and Tourism Advisory Board and ensuring that 
their recommendations and advice are going to the Secretary and 
supporting the Secretary's ongoing efforts in this regard.
    I would be working with you and Congress, and I would be 
working also, of course, internally within the executive 
branch, supporting the Secretary's role in the Tourism Policy 
Council and setting policies that can support this sector and 
help grow jobs and rebuild.
    Senator Rosen. Thank you, I look forward to doing that with 
you because tourism is vital to every single state in our 
Nation and of course, globally. I would like to move on to 
something else we spoke about, which was a solar manufacturing 
and specifically the domestic solar manufacturing. Again, in 
Nevada, our solar industry employs about 7,000 workers. It is 
actually the most solar jobs per capita in the entire country.
    So if we are going to address the climate crisis and 
continue to create good paying jobs in the renewable energy 
sector, we have to have a Federal policy that promotes the 
affordable deployment of solar projects. Unfortunately, under 
the previous Administration, they imposed costly Section 201 
tariffs on imported solar panels and cells, and these misguided 
tariffs have cost us an estimated 62,000 jobs across the United 
States. And they have not led to an increase in domestic solar 
manufacturing, which now represents less than 10 percent of all 
solar jobs.
    The United States has currently no meaningful production 
capacity for wafers, cells, solar glass, machine tools or any 
other of the system components. And so as we reexamine these 
trade policies, we have to invest in our domestic solar 
manufacturing, reduce our reliance on imports, and especially 
from countries and regions that rely on forced labor.
    So can you tell us quickly and I will take the response off 
the record, how you plan to use your position to help our 
country increase domestic renewable energy manufacturing 
capacity?
    Mr. Harris. Thank you, Senator, for that question. If 
confirmed, I would work with the industry and analysis team to 
ensure that the rigorous analysis that this team produces, 
based on its understanding of the industry, underpins 
decisionmaking throughout the Government, whether that is 
looking at trade policy or whether that is thinking about how 
we can strengthen the supply chain and its resilience more 
broadly.
    I understand and I hear from you loud and clear how 
important this industry is, and it is something that I would 
want to be thinking about from day one to try to understand how 
I can work with the industry and analysis team and engage with 
industry and hear more directly from them to see how can I be 
supportive of these policies.
    Senator Rosen. Thank you. I say that my time has just about 
expired. I look forward to collaborating with all the nominees 
here today on future good work. Thank you.
    The Chair. Thank you, Senator Rosen. Senator Blumenthal.

             STATEMENT OF HON. RICHARD BLUMENTHAL, 
                 U.S. SENATOR FROM CONNECTICUT

    Senator Blumenthal. Thank you, Madam Chair. Welcome to all 
of you and thank you very much for your willingness to serve. 
As the Chair of the Subcommittee on Consumer Protection and as 
a former attorney general who was involved in consumer 
protection, I feel particularly strongly about the work that 
the nominees for the CPSC will do, and I look forward to 
working closely with you. In one area in particular, I think 
there needs to be greater focus, and in fact, more resources 
devoted, which is on us in the Congress, as well as on you to 
provide you with the resources is our job.
    But in Fiscal Year 2019, the CPSC coordinated 259 voluntary 
recalls, impacting more than 20 million products and likely 
many more than 20 million families. While many of these recalls 
have gone smoothly, some, including many impacting goods that 
Americans have come to know and trust, encountered very 
important challenges. Those challenges, often, are measured in 
their consequences, not just in dollars and cents, but also in 
injuries and sometimes regrettably and tragically in death. 
Communication may have been muddled in some of those recalls. 
Timing has been slowed to follow up on behalf of industry where 
the Commission may have been limited.
    So I strongly believe that more resources and support for 
this agency are not only warranted, but necessary. The recall 
process must be strengthened to protect the American people. 
Everybody thinks about a recall is something that happens when 
a product is defective, but often the recall is the exception, 
an effective recall is the exception rather than the rule.
    So let me ask all of you, Mr. Hoehn-Saric, Ms. Boyle, and 
Mr. Trumka, what else and what do you think should be done to 
ensure the more effective use of recalls by the CPSC?
    Mr. Hoehn-Saric. Senator, thank you for the question. I 
think it is multifold. And as you said, there are many recalls 
and many of them aren't that effective. First, I think the role 
of the CPSC is both in identifying defective products and be 
able to go out there and, you know, both do its own research 
work for the industry to try and figure out which products are 
defective and then move forward, as you said, with recalls. I 
think that there are many recalls that could be made more 
effective if there is a better registry in time to purchase.
    I think direct consumer contact is a thing that has been 
the most effective. As we are moving to an online world, you 
have e-commerce platforms that have direct relationships with 
the consumers. You know exactly what they bought. I mean, this 
is an opportunity as well to be able to reach out to them. I 
know when I go online, lots of things are popped up for me to 
look at.
    And recalls could be one of them, especially if I know that 
I bought something with them. So I look forward to working with 
you and your staff about how to make the agency better at this 
and following through and making sure the companies are doing 
what they are supposed to do as well.
    Senator Blumenthal. Thank you. Ms. Boyle.
    Ms. Boyle. Thank you for that question, Senator. And just 
to follow up on what Mr. Hoehn-Saric said, I do think we do 
have to hold companies' feet to the fire in terms of making 
sure that the recalls that we are entering into offer remedies 
that are effective and that consumers will want to take 
advantage of.
    I also think we need to enhance our abilities to 
communicate and also make sure that the firms are using all of 
their tools to communicate in this online world, to be able to, 
just as a matter of course, have social media contact with the 
consumers and the firms is something that we, I think, have to 
ensure happens.
    As you noted, most of our recalls are voluntary, given the 
nature of our statutes. And that is something that we can think 
about, making sure that if that isn't effective, to go to 
alternative ways to get recalls. So I think to hold companies' 
feet to fire, or their feet to the fire to make sure that they 
are offering effective remedies that consumers will take 
advantage of.
    Senator Blumenthal. I agree that we should think about 
alternatives to voluntary recalls. Mr. Trumka.
    Mr. Trumka Jr. Thank you, Senator. I think it starts with a 
clear message. I would like to learn best practices from some 
other agencies. I know CDC, for example, does extensive focus 
grouping to make sure not just that its message is good, but 
how it is received is effective, which is really important. I 
would also like to do a deep dive on past recalls that the 
agency has done to see best practices, what has worked and what 
hasn't, and go forward with what has worked. And then design 
recalls to incentivize participation. They have to make the 
consumer whole.
    Senator Blumenthal. Thank you. Thank you, Madam Chair.
    The Chair. Thank you, Senator Blumenthal. Senator Peters.

                STATEMENT OF HON. GARY PETERS, 
                   U.S. SENATOR FROM MICHIGAN

    Senator Peters. Thank you, Madam Chair. And it is good to 
be with all of the nominees here today and thank you for your 
willingness to serve our country in this capacity. My first 
question is for Mr. Harris. Mr. Harris, I know that the mission 
of the industry and analysis within the Commerce Department is 
basically to produce some of the world's most in-depth, high 
quality trade analysis while also creating innovative and trade 
and investment strategies to unlock opportunities for U.S. 
businesses. But I will say one of the biggest challenges facing 
smaller manufacturers and industries is that clearly 
international trade rules are very complex. And if you have any 
issues with those trade rules or are the subject of unfair 
foreign competition, it can be very expensive and very 
difficult to push back.
    And I speak from experience in working with the cherry 
industry in Michigan. We lead the country in tart cherry 
production, but that industry has been impacted significantly 
in a very negative way by the dumping of Turkish cherries. 
There have been a number of cases related to that, but 
basically we are expecting cherry growers who are experiencing 
clearly, in my mind, the dumping and the highly subsidized 
products from Turkey.
    That is threatening the industry, and yet we are expecting 
these growers, who don't have a lot of money and are facing an 
uncertain future to come up with millions of dollars for a 
trade case, which makes it extremely difficult for them, and 
they have to compete against a State actor. That is why I 
partnered with Senator Burr and introduced bipartisan 
legislation to create a team dedicated to monitoring trade 
flows and producing self-initiation recommendations to help 
reduce the burden to these industries where smaller industries 
can actually go and self-initiate trade cases.
    So my question for you, Mr. Harris, if confirmed, will you 
work with me to advance this type of self-initiation 
legislation to make sure our small industries can stand up 
against unfair foreign competition and not have the rug pulled 
out from underneath them like we are seeing with the cherry 
industry in Northern Michigan?
    Mr. Harris. Thank you, Senator, for that question. I 
understand exactly why this issue is so important, and I would 
want to take steps to make sure that the analysis undergirding 
trade policy decisions is as strong as possible, and also 
explore avenues for small businesses to better take advantage 
of U.S. Government support. I am not familiar with the details 
of this particular legislation, but I would want to study it 
and I would want to be a partner in figuring out the best 
solutions. And I would also want to do so closely with 
colleagues within the Department, if I am confirmed.
    As you know, Senator, the Enforcement and Compliance unit, 
the sister unit to Industry and Analysis, is in charge of AD/
CVD issues. And I would want to make sure that if I were 
confirmed, the Industry and Analysis team were supporting these 
discussions and thinking about all tools that we can bring to 
bear.
    Senator Peters. Well, I appreciate that. And the other 
issue that we are dealing with in Michigan as well as around 
the country is a shortage of semiconductors that are critical 
for the auto industry, but really manufacturing in general. And 
clearly, we are over dependent on foreign manufacturers for the 
semiconductors and now it is creating a significant economic 
problem for many manufacturers throughout the Midwest and in 
Michigan in particular. And it is clear we need to be onshoring 
a lot of this production, particularly of some of these legacy 
chips, the older chips.
    And that is why I worked with Senator Stabenow to include 
resources in the recent Innovation and Competition Act to 
hopefully incentivize the production of this critical component 
in our automobiles and other manufactured components in this 
country.
    But I want to get your sense, Mr. Harris, as to how your 
work could help us bring more visibility to the supply chains 
that are clearly are not working the way they should and are 
putting American industry at risk. What could you bring to the 
table to help us deal with this very significant problem?
    Mr. Harris. Thank you, Senator, for that question. And you 
are right to note the crisis in semiconductor chip, supply 
chains right now. And I know that Secretary Raimondo and others 
throughout the Government--of course, this is a whole of 
Government effort. But to your point specifically, I am aware 
that the U.S. is producing right now only about 12 percent of 
semiconductor chips and that that does not include any of the 
cutting edge chips. And that, to your point as well, that some 
factories have slowed down because of access, the lack of 
access to legacy chips right now. If I were confirmed, sir, I 
would want to do all that I can to support the analysis of 
where the supply chains are breaking down.
    I would want to support Secretary Raimondo's efforts to 
reach out to industry and to try to increase transparency and 
have conversations, which is one, in the shorter term, one of 
the steps that we can be taking. And of course, the Industry 
and Analysis team is playing a really important role in putting 
forward the data and the information and the analytical 
perspective that is supporting the President's executive order 
on America's supply chains and supporting the task force as 
well. So this would be a priority for me.
    If I were confirmed, I would be bringing my background both 
from national security roles in understanding how critical this 
is to U.S. standing and geopolitical issues, but also my 
background in the private sector and understanding how 
important this is for companies to have access to these vital 
components, how important they are to our economy. And finally, 
Senator, I would say that semiconductor chips is a crisis right 
now. I would also want to be working with the Industry and 
Analysis team to try to think through what additional issues 
like this may become present over time that we can try to 
prevent or be more proactive about.
    Senator Peters. Right. Thank you, Mr. Harris. Thank you, 
Madam Chair.
    The Chair. Thank you, Senator Peters, and thank you for 
asking about cherries, something we share in common.
    Senator Hickenlooper.

             STATEMENT OF HON. JOHN HICKENLOOPER, 
                   U.S. SENATOR FROM COLORADO

    Senator Hickenlooper. Thank you, Madam Chair. And I want to 
recognize and appreciate all the panelists today. It is a wide 
ranging, but I think important discussion. First, Ms. Boyle, in 
June, the CPSC announced the recall of 120,000 infant rocker 
products that were sold between 2014 and 2020. The recall came 
after reports of infants who had been placed on their backs, 
unrestrained in the products, were later found face down on 
their stomachs.
    One tragic death of a Coloradan who--a young Coloradan who 
was only 11 weeks old. I guess, Ms. Boyle, as Executive 
Director of the CPSC, in hindsight, what could the agency have 
done differently to prevent this product from remaining on the 
market for so long?
    Ms. Boyle. Thank you for that question, Senator. And I can 
say when one child dies, we should be thinking about what we 
could have done to prevent that death and what we could do to 
prevent other deaths. And I think it is fair to say in the case 
that you are talking about with multiple deaths, it is clear 
that the agency could have done better and could have moved 
more quickly.
    And so in that sense, I acknowledge that that is an area 
where if we are not getting success in negotiating with a firm 
to get to a voluntary action, we have to be willing to use our 
authorities to act more quickly. And so it is just a tragedy 
when we are talking about infants in particular. I do think, 
though, it led to the agency taking action for other similar 
products in terms of recalls.
    And I also believe it highlighted the need for the agency 
to look prospectively at all infant sleep products, which led, 
I think in part to the adoption by the Commission of the Infant 
Sleep rule.
    Senator Hickenlooper. Well, that is the right answer, to be 
able to demonstrate that response I think is important and I 
appreciate that. Now, in terms of--back to supply chains, 
mobile networks require many components such as semiconductors, 
antennas, routers, hardware, software, on and on. Within USICA, 
I worked with Ranking Member Wicker on the Telecommunications 
Supply Chain Diversity Promotion Act, which is included to--in 
the ultimate USICA in order to establish a test bed at NTIA to 
evaluate various interoperable network architectures, increase 
vendor diversity within our telecommunications supply chains.
    Mr. Harris, if confirmed to be the Assistant Secretary for 
Industry and Analysis, you will be responsible for monitoring 
the strength of the U.S. supply chain. I know you have been 
being asked to discuss it at great length. From a different 
point of view, could you discuss your views on vendor diversity 
as a component of a supply chain that would be more resilient?
    Mr. Harris. Senator, thank you for the question. You are 
right to note that there are multiple elements to increasing 
resilience of supply chains, and we need to be thinking about 
this from a very holistic perspective. Vendor diversity is an 
important aspect of that. I am not familiar with all of the 
details of the test bed that you have proposed, but I would 
like to understand that in much greater detail, if confirmed, 
and work with you and work with other colleagues on how that 
piece fits in.
    I will say, though, that for supply chains and for this 
role, if I am confirmed, I am going to need to be really 
focused on the entire ecosystem. And it includes both where 
production occurs. It includes what sort of workforce we have, 
what sort of research and development investments are making. 
It includes diversity and resilience in multiple parts of the 
supply chain.
    And so this would be a priority on telecommunications as 
well as other issues, and it would be something that I would 
work with colleagues in the Commerce Department and elsewhere 
and departments and agencies, but also closely with Congress 
and with you and with your staff.
    Senator Hickenlooper. Great. Well, thank you for that, Mr. 
Harris. Just, and I have only got 30 seconds so very concisely 
along those same lines, talk a little bit about your 
perspective on public private-partnerships as an additional 
part of that supply chain resiliency.
    Mr. Harris. Senator, thank you for the question. And to 
keep it very concise, I think these play a critical role. And 
my job, if confirmed, would be working with the private sector, 
engaging the private sector, working with industry trade and 
advisory councils as well to make sure that these partnerships 
are supporting all of the Administration and the Government's 
goals on supply chains and other issues.
    Across the board, I think these public private-partnerships 
are one of our comparative advantages when we think about 
strategic competition with China and when we think about 
leveraging and sparking and continuing the innovation that we 
have in the United States.
    Senator Hickenlooper. I could not agree more. I appreciate 
that answer thoroughly. Alright, I yield back the floor. I 
yield back my time--I don't have any time but I yield back to 
the Chair.
    The Chair. Thank you, Senator Hickenlooper. I just have a 
last question. I know we have votes that have been called and 
they have been going on for a while here, so we need to get to 
vote. But Mr. Hoehn-Saric, the issue about, you know, we were 
talking about APA rulemaking, but in the case of furniture tip 
overs, this is something that has been persistent for 20 years 
and impacting children, certainly in the State of Washington.
    And we believe the CPSC has been slow to act here. The 
Congress could provide the CPSC in this case, in this case with 
APA rulemaking authority to expedite safety standards to 
prevent tip-overs. Do you--would you support that? Do you agree 
that is something we could do?
    Mr. Hoehn-Saric. Senator, thank you for the question. Yes, 
to the extent the Congress provides the rulemaking authority, I 
think will streamline things and provide legal certainty going 
forward.
    The Chair. Ms. Boyle.
    Ms. Boyle. I do support that, Senator, thank you.
    The Chair. Mr. Trumka.
    Mr. Trumka Jr. As do I. Thank you, Senator.
    The Chair. Thank you. Well, before we close the hearing, I 
have an additional question to all of you. That is Mr. Hoehn-
Saric, Ms. Boyle, Mr. Trumka, and Mr. Harris. If confirmed, 
will you pledge to work collaboratively with this committee and 
provide thorough and timely responses to requests for 
information that we put forward in important policy issues and 
appear before the Committee when requested?
    Mr. Hoehn-Saric. Yes, Chair Cantwell.
    Ms. Boyle. Yes, I will.
    Mr. Trumka Jr. Yes, Senator.
    Mr. Harris. Yes, Senator.
    The Chair. OK. Well, Senators will have until Friday, July 
30 at 5 p.m. to submit questions for the record to the 
Committee. Witnesses will have one week to respond to that. And 
this concludes our hearing today. Again, thank you all for your 
willingness to serve. We are adjourned.
    [Whereupon, at 11:45 a.m., the hearing was adjourned.]

                            A P P E N D I X

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                                 ______
                                 
   Response to Written Question Submitted by Hon. Kyrsten Sinema to 
                        Alexander D. Hoehn-Saric
    Role of Consumer Product Safety Commission (CPSC). The CPSC is 
responsible for protecting consumers from unreasonable risk of injury 
and death as a result of using consumer products, from off-road 
recreational vehicles to baby cribs.

    Question. What priorities would you bring to your role as chair of 
the CPSC to ensure the safety of Arizona families, if confirmed?
    Answer. If confirmed, I would fight to improve consumer product 
safety for Arizona families as well as families across this Nation. My 
priorities include: focusing the agency's resources on e-commerce 
consumer product risks; strengthening the agency's efforts to stop non-
compliant products at the ports; and making the Commission more 
efficient and faster in all its safety efforts. With respect to e-
commerce, consumers in Arizona expect, and have a right to expect, that 
consumer products bought online are as safe as those purchased at the 
corner store. Unfortunately, this is not always true. If confirmed, I 
would work with my fellow Commissioners to focus the resources and 
tools of the agency on making it safer for Arizona consumers to buy 
consumer products online. With respect to ports, imported consumer 
products constitute approximately 75 percent of the identified 
violative products. Congress recently appropriated funds to increase 
CPSC's presence at the ports and, if confirmed, I would work to ensure 
this funding is used to reduce the flow of violative products into the 
U.S. Finally, making the agency more efficient and faster will benefit 
consumers and industry. If confirmed, I would work with my fellow 
Commissioners and the staff of the agency to move forward more quickly 
on voluntary and mandatory product safety standards, defect 
investigations, and recalls. Increased transparency and certainty will 
benefit industry as well as consumers.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Tammy Baldwin to 
                        Alexander D. Hoehn-Saric
    Unsafe Products. Americans are increasingly turning to online 
retailers for a wide range of consumer products, and I think it is 
critically important that those e-commerce platforms ensure their 
customers have accurate information about what they are buying.
    I was pleased to see the CPSC recently take action against Amazon 
for selling unsafe products on its third-party platforms. The products 
mentioned in CPSC's action include carbon monoxide detectors that fail 
to alarm, numerous children's pajamas that could catch fire and nearly 
400,000 hair dryers that could electrocute people if dropped in water.

    Question. I'd like to hear from our CPSC nominees about what else 
the agency should do to ensure the safety of products sold online.
    Answer. According to Department of Commerce statistics, e-commerce 
constituted over 13 percent of retail sales in 2020 and e-commerce 
continued to grow in the first quarter of 2021. The CPSC must meet 
consumers where they are to be effective. More and more that means 
increasing the CPSC's efforts to address the safety of goods purchased 
online. Congress recognized this in the American Rescue Plan Act when 
it appropriated funds to the CPSC to enhance the monitoring of Internet 
websites for the offering for sale of new and used violative consumer 
products and for the collection and analysis of consumer product safety 
information data.
    If confirmed, I would work with my fellow Commissioners and CPSC's 
staff to prioritize consumer product safety online. Specifically, the 
CPSC should use its tools and resources to engage with e-commerce 
platforms to better identify violative consumer products and stop them 
from being listed for sale. In addition, e-commerce platforms are in a 
unique position to facilitate recalls. Many such platforms have ongoing 
relationships with consumers and would be able to contact consumers 
about recalled items purchased through their platforms and facilitate 
recalls as necessary. If confirmed, I would explore the tools and 
resources the CPSC has to fully engage with e-commerce platforms to 
promote consumer product safety from the product's listing to providing 
a remedy, if a consumer product is recalled. In addition, if confirmed, 
I would work with my fellow Commissioners and CPSC staff to ensure that 
the funding provided to the CPSC is used effectively. This would 
include increased monitoring of Internet websites for the sale or 
resale of violative products as well as gathering more data from 
vulnerable communities regarding risks, injuries, and how best to 
engage and educate the communities about online consumer product 
safety.

    Safety Campaigns. The CPSC has a number of safety campaigns that it 
leads to communicate specific hazards to consumers, such as the 
``Anchor It!'' campaign to educate consumers about furniture tip-over 
hazards, and ``Pool Safely'' to educate consumers about the risk of 
drowning. The agency uses its website and social media to promote these 
programs.

    Question. Again, for our CPSC nominees--how should the CPSC 
prioritize these efforts? How should it measure their effectiveness?
    Answer. There are several factors the CPSC should consider in 
prioritizing consumer education campaigns. First, the agency must look 
to the law. Laws such as the Virginia Graeme Baker Pool and Spa Safety 
Act and the annual appropriations laws have established and directed 
funding for educations efforts. Second, the CPSC should examine injury 
and death data to identify the most significant consumer product risks 
to the public both by number and severity of the incidents. Third, the 
CPSC should consider the best methods to effectively educate consumers 
for specific consumer product risks. Based on these factors and other 
relevant information, the CPSC should develop and prioritize its 
educational programs. With respect to measuring education programs' 
effectiveness, it is critical for the CPSC to collect injury, death and 
other relevant data from consumers, especially vulnerable and 
traditionally underserved communities. More granular data will better 
aid the Commission in evaluating the effectiveness of educational 
campaigns and guide the Commission as to whether additional resources 
should be used to reach particular populations.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Tammy Baldwin to 
                             Mary T. Boyle
    Unsafe Products. Americans are increasingly turning to online 
retailers for a wide range of consumer products, and I think it is 
critically important that those e-commerce platforms ensure their 
customers have accurate information about what they are buying.
    I was pleased to see the CPSC recently take action against Amazon 
for selling unsafe products on its third-party platforms. The products 
mentioned in CPSC's action include carbon monoxide detectors that fail 
to alarm, numerous children's pajamas that could catch fire and nearly 
400,000 hair dryers that could electrocute people if dropped in water.

    Question. I'd like to hear from our CPSC nominees about what else 
the agency should do to ensure the safety of products sold online.
    Answer. The agency must take a multi-pronged approach to ensure the 
safety of products online, including using all of the authorities 
available under agency statutes to assert jurisdiction over such 
entities. In addition, the agency needs to strengthen its E-commerce 
enforcement efforts overall, including: bolstering its physical 
presence at express carrier hubs throughout the country where direct-
to-consumer products enter the country; enhancing Internet surveillance 
efforts to identify noncompliant products sold online; and developing 
technology to target noncompliant products sold online and shipped 
directly to consumers.

    Safety Campaigns. The CPSC has a number of safety campaigns that it 
leads to communicate specific hazards to consumers, such as the 
``Anchor It!'' campaign to educate consumers about furniture tip-over 
hazards, and ``Pool Safely'' to educate consumers about the risk of 
drowning. The agency uses its website and social media to promote these 
programs.

    Question. Again, for our CPSC nominees--how should the CPSC 
prioritize these efforts? How should it measure their effectiveness?
    Answer. Communicating safety information to consumers--whether to 
educate about hazards or inform about recalls--is one of the most 
important things the agency does. Consumers deserve clear and 
consistent messaging about how to protect themselves and their families 
from product-related injuries, and CPSC's communications strategy 
should reflect that goal. Specifically, CPSC must prioritize outreach 
to vulnerable populations and underserved communities that may suffer 
disproportionally from product-related hazards. That prioritization 
requires data analysis to identify populations at increased risk and 
conscientious communications design to reach those consumers with 
effective messaging. In addition, CPSC's communications approach must 
be responsive to emerging hazards, such as those product-related 
concerns associated with COVID-19, climate change and extreme weather, 
and new technologies. The effectiveness of all communications efforts 
should be measured through data analysis when possible, including 
through tracking impressions, evaluating messaging and strategy choices 
through media testing, and reviewing consumer attitudes and behaviors 
through media measurement and exposure data.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Kyrsten Sinema to 
                             Mary T. Boyle
    Role of Consumer Product Safety Commission (CPSC). The CPSC is 
responsible for protecting consumers from unreasonable risk of injury 
and death as a result of using consumer products, from off-road 
recreational vehicles to baby cribs.

    Question. What priorities would you bring to your role as CPSC 
commissioner to ensure the safety of Arizona families, if confirmed?
    Answer. To ensure that safety of Arizona families, and all 
families, as a Commissioner I would focus on three main areas:

        1. Imports and E-Commerce: Improving the agency's ability to 
        detect and prevent entry of dangerous products into the United 
        States stands as an essential part of protecting families. In 
        particular, the agency needs to continue addressing the 
        challenges created by online shopping, a growing pre-pandemic 
        trend that took solid root across the country when consumers 
        turned in droves to online shopping during the pandemic. As a 
        result, a large volume of low-value, potentially noncompliant 
        or hazardous shipments of foreign-manufactured products are 
        being shipped directly to consumers in the United States. 
        Enforcement of the sale and distribution of goods on E-commerce 
        platforms to protect consumers will require a multi-pronged 
        approach to ensure consumer safety, including: bolstering its 
        physical presence at express carrier hubs throughout the 
        country where direct to consumer products enter the country; 
        enhancing Internet surveillance efforts to identify 
        noncompliant products sold online; and developing technology to 
        target noncompliant products sold online and shipped directly 
        to consumers.

        2. Strengthening Compliance and Enforcement: In conjunction 
        with efforts to stop the introduction of noncompliant products 
        at the ports and express carrier hubs (efforts that focus on 
        regulatory violations), CPSC faces an equally important 
        challenge in ensuring that it executes a robust compliance and 
        enforcement program to ensure defective products not subject to 
        regulation are removed through recalls or other corrective 
        actions.

        3. Communicating Safety Information: Families are safer when 
        they have up to date and accurate safety information. Ensuring 
        that families receive this information in a timely and 
        accessible way is one of the most important things the agency 
        does. Consumers deserve clear and consistent messaging about 
        how to protect themselves and their families from product-
        related injuries, and CPSC's communications strategy should 
        reflect that goal.
                                 ______
                                 
   Response to Written Question Submitted by Hon. Kyrsten Sinema to 
                           Richard Trumka Jr.
    Role of Consumer Product Safety Commission (CPSC). The CPSC is 
responsible for protecting consumers from unreasonable risk of injury 
and death as a result of using consumer products, from off-road 
recreational vehicles to baby cribs.

    Question. What priorities would you bring to your role as CPSC 
commissioner to ensure the safety of Arizona families, if confirmed?
    Answer. I believe that CPSC should prioritize robust surveillance 
efforts to intercept dangerous products at traditional ports of entry, 
and that it should also prioritize its expansion into ports that handle 
large volumes of e-commerce shipments. I would also like to prioritize 
CPSC's search for new and innovative ways to address chronic hazards 
and to increase recall effectiveness. I would welcome the opportunity 
to work with you to learn how Arizona families may be uniquely affected 
by consumer product safety issues and how CPSC could help.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Tammy Baldwin to 
                           Richard Trumka Jr.
    Unsafe Products. Americans are increasingly turning to online 
retailers for a wide range of consumer products, and I think it is 
critically important that those e-commerce platforms ensure their 
customers have accurate information about what they are buying.
    I was pleased to see the CPSC recently take action against Amazon 
for selling unsafe products on its third-party platforms. The products 
mentioned in CPSC's action include carbon monoxide detectors that fail 
to alarm, numerous children's pajamas that could catch fire and nearly 
400,000 hair dryers that could electrocute people if dropped in water.

    Question. I'd like to hear from our CPSC nominees about what else 
the agency should do to ensure the safety of products sold online?
    Answer. That is an important issue, and it should be a priority. 
CPSC has an Internet Surveillance Unit (ISU), which monitors consumer 
products offered for sale online and evaluates their compliance with 
product safety standards. ISU also supports case development, and 
secures samples of products for analysis. I support CPSC's plans to add 
additional personnel to ISU and to invest in new technology to improve 
the agency's ability to detect dangerous products. CPSC should measure 
the effectiveness of these investments over time and continue to 
improve on efforts in this space.

    Safety Campaigns. The CPSC has a number of safety campaigns that it 
leads to communicate specific hazards to consumers, such as the 
``Anchor It!'' campaign to educate consumers about furniture tip-over 
hazards, and ``Pool Safely'' to educate consumers about the risk of 
drowning. The agency uses its website and social media to promote these 
programs.

    Question. Again, for our CPSC nominees--how should the CPSC 
prioritize these efforts? How should it measure their effectiveness?
    Answer. Educating the public about dangers should be a high 
priority for the agency. As should making sure that the agency's 
messages are meaningfully received. Focus groups can be an important 
tool in structuring a message that is clearest received by consumers. 
Ultimately, the measure of a successful education campaign is whether 
it causes the prevalence of injuries at the population level to 
decrease over time.
                                 ______
                                 
    Response to Written Question Submitted by Hon. Tammy Baldwin to 
                            Grant T. Harris
    Supply Chain Resiliency. Mr. Harris, the Commerce Department was 
one of several agencies involved in producing a recent report on supply 
chain disruptions called for by President Biden in an Executive Order 
earlier this year. The report found that a key driver of supply chain 
vulnerability was the private sector's excessive focus on short-term 
stock price targets and buybacks done at the expense of long-term 
investments.
    If confirmed, you will craft solutions to improve supply chain 
resiliency and bring production back to the U.S.

    Question. Given the Administration's acknowledgement that buybacks 
contribute to supply chain vulnerabilities, would you support 
restricting buybacks for companies that receive government subsidies to 
manufacture in the US?
    Answer. The June 2021 report to the President, titled ``Building 
Resilient Supply Chains, Revitalizing American Manufacturing, and 
Fostering Broad-Based Growth,'' noted several key drivers of supply 
chain vulnerability, including: (1) insufficient U.S. manufacturing 
capacity; (2) ``misaligned incentives and short-termism in private 
markets;'' (3) industrial policies adopted by other Nations; and (4) 
``geographic concentration in global sourcing.''
    If confirmed, I will work with colleagues in the Department of 
Commerce and other departments and agencies along with Congress and 
public and private sector stakeholders to seek to address these supply 
chain vulnerabilities, including the issue of misaligned incentives in 
private markets.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Kyrsten Sinema to 
                            Grant T. Harris
    Federal Investment in Semiconductors. The Senate passed the U.S. 
Innovation and Competition Act in June, which builds on the CHIPS for 
America Act by providing $50 billion for American semiconductor 
manufacturing.

    Question 1. The United States continues to face a shortage of 
semiconductor ships. If confirmed, how will you use your role as 
Assistant Secretary for Industry and Analysis to address this shortage?
    Answer. If confirmed, I will play an active role in President 
Biden's whole-of-government approach to semiconductors. In the short 
term, I will work with companies and trading partners to increase 
transparency in the supply chain and explore options for alleviating 
this shortage. In the long term, we must take steps to ensure U.S. 
leadership of a resilient and secure supply chain for semiconductor 
chips, including continued assistance to firms expanding their 
semiconductor manufacturing investments and nurturing the end-to-end 
semiconductor manufacturing ecosystem in the United States. If 
confirmed, I look forward to working with Congress to these ends.

    Role of Critical Minerals. To produce semiconductors and transmit 
electricity, the United States relies on critical minerals, many of 
which are mined outside of our Nation's borders. This poses a risk 
should our supply of critical minerals be disrupted by natural 
disasters or the actions of hostile actors in other nations.

    Question 2. Please describe the importance of secure and reliable 
supply chains to our Nation's mineral and energy security. If 
confirmed, how will you work to address supply chain vulnerabilities 
that may have the potential to affect access to affordable energy and 
our Nation's economic recovery goals?
    Answer. On February 24, the President issued Executive Order (E.O.) 
14017 on ``America's Supply Chains,'' noting that ``the United States 
needs resilient, diverse, and secure supply chains to ensure our 
economic prosperity and national security. Pandemics and other 
biological threats, cyber-attacks, climate shocks and extreme weather 
events, terrorist attacks, geopolitical and economic competition, and 
other conditions can reduce critical manufacturing capacity, and the 
availability and integrity of critical goods, products, and services.''
    The E.O. called for several ``100-Day Reports'' identifying supply 
chain risks, including a Commerce-led report on semiconductor supply 
chains, a DOD-led report on critical minerals, and a DOE-led report on 
high-capacity batteries. Industry & Analysis contributed significantly 
to all of these reports. If confirmed, I would ensure that Industry & 
Analysis continues to provide intellectual leadership towards 
identifying and implementing actionable solutions to effectively 
address vulnerabilities involving semiconductors and the security of 
energy and critical minerals in our Nation's supply chains.
                                 ______
                                 
    Response to Written Question Submitted by Hon. Amy Klobuchar to 
                            Grant T. Harris
    Travel and Tourism. In this role, you would help to oversee the 
National Travel and Tourism Office, the Federal government's official 
liaison to Brand USA--a public-private partnership that promotes 
international tourism throughout the U.S. Before the pandemic, Brand 
USA supported more than 45,000 jobs a year and generated a total of $56 
billion to the U.S. economy.

    Question. Inbound international travel has historically been the 
Nation's second largest industry export, generating $233 billion and 
supporting 1.2 million jobs in 2019. If confirmed, how would you work 
with the National Travel and Tourism Office to help the travel and 
tourism recover from the coronavirus pandemic?
    Answer. Industry & Analysis's National Travel and Tourism Office 
(NTTO) is the lead office and primary point of contact for travel and 
tourism within the Federal government. NTTO provides data for private-
and public-sector decision making and represents the economic interests 
of the sector in national security discussions. On behalf of the 
Secretary of Commerce, NTTO coordinates private-sector input and 
interagency policies and programs through the Travel and Tourism 
Advisory Board and Tourism Policy Council, respectively, and serves as 
the liaison for the Federal Government to Brand USA.
    If confirmed, I will lend my support to these efforts by working 
with industry stakeholders, the members of the Tourism Policy Council, 
the White House, and Congress to help support the recovery and growth 
of the sector and to restore the competitiveness of the United States 
as a travel destination.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Roger Wicker to 
                            Grant T. Harris
    Question 1. The Chinese Government engages in unfair trade 
practices across many industries, and this has major implications for 
U.S. national security. One example is the maritime shipping sector. 
Chinese companies control the world's second-largest shipping fleet in 
the world and constructed over a third of the world's vessels in 2019. 
From 2008 to 2018, Chinese companies expanded their global market share 
in shipbuilding 10 percent. China's maritime rise has been driven by 
focused state support. Ninety percent of global trade travels by sea, 
so the United States has both commercial and strategic interests in 
maintaining robust maritime capabilities.
    Current and former U.S. officials have warned that the United 
States could face maritime logistics challenges during a major conflict 
given the shrinking size of the U.S. Merchant Marine fleet, and the 
growing control of the world fleet by China. The ``Made in China 2025'' 
strategic plan designates maritime equipment and high-tech vessel 
manufacturing as one of ten priority sectors. How can TIA help the U.S. 
government counter unfair foreign trade practices and put our maritime 
industry back on a level playing field?
    Answer. The Biden-Harris Administration has recognized the 
challenges faced by U.S. companies reliant on a limited number of 
primarily foreign container shipping lines and alliances. The 
President's July 9, 2021 Executive Order on Promoting Competition in 
the American Economy encourages the Federal Maritime Commission to 
ensure vigorous enforcement against shippers charging American 
exporters exorbitant charges. Additionally, on February 24, 2021, the 
President issued the Executive Order on America's Supply Chains, in 
direct recognition of the need to assess and strengthen America's 
supply chains for critical products and materials. Through this whole-
of-government effort, in which Industry & Analysis is deeply involved, 
the United States will become less vulnerable to supply chain 
disruptions. Under Secretary Raimondo's leadership, Commerce is keenly 
focused on the challenges presented by China and those related to 
maritime shipping. The Secretary highlighted the importance of the 
maritime sector on June 9, 2021 when the Department released the 
results from the first official Marine Economy Satellite Account. If 
confirmed, I would make Industry & Analysis's industry experts 
available to support this whole-of-government effort.

    Question 2. The Biden Administration envisions the Commerce 
Department playing a substantial role in monitoring key supply chains 
and possibly intervening in cases of disruption. For example, the 
President's American Jobs Plan proposes allocating $50 billion to the 
Department for these purposes. The U.S. Innovation and Competition Act 
passed by the Senate does authorize Commerce to take some steps in 
terms of mapping and monitoring supply chains, but we should proceed 
cautiously in providing funds and authority for the Department to 
intervene in markets. Coordination with industry is paramount to avoid 
unintended consequences and unnecessary market disruption. Based on its 
current role and mission, what role do you believe the Industry and 
Analysis unit of the International Trade Administration plays in terms 
of supply chain resiliency? Do you commit to working with industry 
partners in any efforts Industry and Analysis undertakes related to 
supply chain?
    Answer. Industry & Analysis helps strengthen U.S. supply chains by 
analyzing critical supply chains and overall U.S. industry 
competitiveness, recommending domestic and international policy tools 
to address supply chain risks and competitiveness vulnerabilities, 
assessing other countries' strategies to address supply chain 
vulnerabilities, and providing assistance to U.S. companies competing 
in the global marketplace. Industry & Analysis's analysis has been used 
to develop U.S. policy responses on a range of topics, from supply 
chains to Miscellaneous Tariff Bills to strategies and solutions to 
strengthen U.S. competitiveness in the global market for 5G technology. 
If confirmed, I look forward to working with the entire Industry & 
Analysis team to help improve the resilience of America's supply chains 
using an array of policy instruments. It is my understanding that 
Industry & Analysis also manages several advisory committees that could 
help with these efforts, including the Advisory Committee on Supply 
Chain Competitiveness. Working with industry partners in these efforts 
to increase supply chain resiliency is crucial and, if confirmed, I 
commit to doing so.

    Question 3. The travel and tourism industry is an important part of 
the American economy. Prior to the COVID-19 pandemic, the industry 
supported approximately 16 million jobs, and in 2018 generated $1.1 
trillion in direct spending, which led to $2.54 trillion in total 
economic output. Travel and tourism is one of the few sectors with a 
positive trade balance, with international travelers to the United 
States generating a $59 billion trade surplus in 2018. The U.S. 
Department of Commerce's Office of Industry and Analysis has several 
component agencies and programs that oversee and support the travel and 
tourism industry. The National Travel and Tourism Office (NTTO) is the 
primary source of national statistics on travel and tourism and leads 
the interagency development of the National Travel and Tourism 
Strategy. NTTO also coordinates with the private sector through the 
U.S. Travel and Tourism Advisory Board and serves as the Federal 
liaison to Brand USA. Brand USA is the Nation's public-private 
partnership tasked with spearheading a globally coordinated marketing 
effort to promote the United States as a travel destination and to 
communicate U.S. visa and entry policies. What do you believe is the 
proper role of the Department of Commerce in supporting travel and 
tourism in the United States, and, if confirmed, how will you work to 
get the travel and tourism industry back up and running as we come out 
of the pandemic?
    Answer. The Department of Commerce plays a unique role in the 
Federal Government with respect to travel and tourism. The Tourism 
Policy Council (TPC) is the interagency, Federal committee chaired by 
the Secretary of Commerce. TPC member agencies work cooperatively to 
ensure that the national interest in travel and tourism is fully 
considered in Federal decision-making. Therefore, the Department is in 
a good position to coordinate policies and programs that affect the 
travel and tourism industry. Industry & Analysis's National Travel and 
Tourism Office (NTTO) serves as the secretariat for the TPC, in 
addition to being the lead office and primary point of contact for 
travel and tourism within the Federal government. NTTO also provides 
data for private-and public-sector decision making, coordinates 
private-sector input through the Travel and Tourism Advisory Board, and 
serves as the liaison for the Federal Government to Brand USA. If 
confirmed, I will lend my support to these efforts by working with 
industry stakeholders, the members of the Tourism Policy Council, the 
White House, and Congress to help support the recovery and growth of 
the travel and tourism industry.

    Question 4. Under typical circumstances, U.S. commercial and 
recreational fisheries and the broader U.S. seafood industry generates 
more than $200 billion in annual sales and creates 1.7 million jobs. 
Although the United States is one of the top five exporters of seafood, 
it is also the largest net seafood importer in the world with a growing 
trade deficit of approximately $17 billion. In May of 2020, former 
President Trump issued an Executive Order outlining the opportunity to 
reduce this trade disparity and promote American Seafood. As a result, 
the Interagency Seafood Trade Task Force was established in August of 
2020. Given the growing trade disparity within the United States and 
the rest of the world, what role do you see for the International Trade 
Administration to work with NOAA on addressing the Seafood Trade 
Deficit?
    Answer. Addressing the seafood trade deficit will require an 
innovative, balanced, and multi-pronged approach rooted in 
collaboration and coordination within and between various institutions 
and groups, including the United States Government (USG), the U.S. 
seafood industry, international stakeholders, and others. Within the 
Department of Commerce, the National Oceanic and Atmospheric 
Administration (NOAA) leads on seafood issues, and the International 
Trade Administration (ITA) contributes with trade-related expertise. 
Possible areas of synergy between the bureaus which could help to 
address the seafood trade deficit include: 1) furthering NOAA's efforts 
to promote standardized seafood export certificates by leveraging ITA's 
global network and government-to-government engagement initiatives; 2) 
growing U.S. aquaculture capacity through NOAA's Blue Economy 
initiatives and leveraging ITA's existing international dialogues to 
encourage inward aquaculture investment; and 3) increasing engagement 
with industry through the Interagency Seafood Trade Task Force.

    Question 5. Inbound international travel is America's second 
largest industry export. In 2018, international visitors spent $255 
billion in the U.S. on travel-related goods and services, which 
generated a $59 billion travel trade surplus. COVID related losses in 
travel spending have cost the U.S. $1.1 trillion in economic output. If 
nothing is done to lift international travel bans and bring back 
demand, a coalition of travel and tourism stakeholders estimates that a 
total of 1.1 million American jobs will not be restored and $262 
billion in export spending will be lost by the end of 2021. In April 
and May of 2021, the Commerce Committee heard expert testimony in the 
Tourism, Trade, and Export Promotion Subcommittee that leisure travel 
will lead the comeback in the sector. However, the witnesses warned 
that business and international travel, crucial sources of revenue for 
hotels and airlines, could see a permanent decline or may come back 
only in phases based on proximity, reason for travel, and industry. If 
confirmed, one of your tasks will be to lead an office charged with 
reducing institutional barriers to tourism. How would you begin taking 
science-based, data-driven steps to safely reopen international travel 
to the United States?
    Answer. Executive Order 13988 on Promoting COVID-19 Safety in 
Domestic and International Travel (January 2021) has placed the 
responsibility for the safe reopening of international travel under the 
purview of the COVID Recovery Task Force. Secretary Raimondo is part of 
that Task Force and has publicly expressed her support for a risk-
based, data-driven approach to safely opening international travel. If 
confirmed, I would work with the Industry & Analysis team to provide 
analysis that can assist the Secretary in her advocacy for the industry 
and support the Task Force in its decision-making.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Dan Sullivan to 
                            Grant T. Harris
    Question 1. In 2019, more than 79 million international visitors 
spent $155 billion in the U.S., supporting nearly 1.2 million American 
jobs. This made international travel to the U.S. our Nation's largest 
service sector export and our Nation's second largest industry export 
overall. Our competitors around the globe have recognized the economic 
importance of international travel and many have cabinet-level 
positions overseeing travel and tourism to support and grow the 
industry. Can you share your perspective for how setting national goals 
and ensuring data driven collaboration across Federal agencies will be 
critical as the travel and tourism industry work to overcome the 
negative impacts brought about by this pandemic?
    Answer. Industry & Analysis, through the National Travel and 
Tourism Office (NTTO), using its Survey of International Air Travelers, 
provides the data on international travel to and from the United States 
and its contribution to our economy. This data is used to calculate the 
Nation's balance of trade and to inform government policy. This data 
informs both public-and private-sector decision-making and helps U.S. 
businesses to improve their competitiveness in the international travel 
market. Additionally, this data was used to set targets for 
international travel to the United States under the National Travel and 
Tourism Strategy in previous Administrations. The use of data to set 
targets and measure progress, as well as to inform policy across 
agencies, will help focus the efforts of the public and private sectors 
and can accelerate progress for the recovery of the industry.

    Question 2. 2014 Russian embargo on food products from the U.S. and 
other western nations bans all Alaska seafood products (except canned 
salmon, which is not exported to Russia in large volumes). Russia 
continues to export seafood to the U.S. almost entirely duty-free.

   If confirmed, can you commit that you'll take a hard look at 
        the Russian Embargo on American seafood with USTR Katherine 
        Tai? It's frankly low hanging fruit that rectifies a great 
        disparity with the Russians and our domestic seafood producers.

   Can you commit to sitting down with representatives from the 
        Alaskan seafood processing industry?
    Answer. I recognize the importance of ensuring the ability of the 
U.S. seafood industry to compete fairly in the international 
marketplace. I understand that the National Oceanic and Atmospheric 
Administration (NOAA) leads on seafood issues for the Department of 
Commerce. However, the International Trade Administration (ITA) 
provides technical assistance and support on international trade 
related issues. Specifically, Industry and Analysis furthers ITA's 
mission of strengthening market access for U.S. exports, and seafood 
exports will continue to receive priority attention. If confirmed, I 
will ensure that Industry & Analysis works with colleagues in NOAA and 
at the United States Trade Representative (USTR) to seek to address the 
imbalance in U.S.-Russia seafood trade while strengthening 
opportunities for U.S. exports of seafood. I would welcome the 
opportunity to meet with interested stakeholders, including Alaskan 
seafood processors, to hear their concerns directly and learn more 
about the issues facing the domestic seafood industry.

    Question 3. President Trump signed an Executive Order in May 2020 
promoting American seafood competitiveness and economic growth with the 
intent of propelling the U.S. forward as a seafood superpower by 
strengthening the American economy; improving the competitiveness of 
American industry; ensuring food security; providing environmentally 
safe and sustainable seafood; supporting American workers; and ensuring 
coordinated and transparent Federal actions. USTR and the Commerce were 
tasked to co-chair the task force.

   How do you view President Trump's issued an Executive Order 
        on ``Promoting American Seafood Competitiveness and Economic 
        Growth''?

   The Task Force submitted recommendations to USTR on August 
        6, 2020, to improve access to foreign markets through trade 
        policy and negotiations, resolve technical barriers to U.S. 
        seafood exports, and generally support fair market access for 
        U.S. seafood products. If confirmed, would you consider the 
        recommendations made in this report?
    Answer. As indicated, on May 7, 2020, the Trump Administration 
issued an Executive Order (E.O.) titled ``Promoting American Seafood 
Competitiveness and Economic Growth,'' which directed a multi-pronged 
interagency approach to further strengthen American seafood 
competitiveness and self-sufficiency. The E.O. created and tasked the 
Interagency Seafood Trade Task Force (Task Force) to submit to the 
United States Trade Representative (USTR) its recommendations on the 
preparation of a comprehensive seafood strategy. Both the International 
Trade Administration (ITA) and the National Oceanic and Atmospheric 
Administration (NOAA) served on the Task Force and contributed to its 
final recommendations to USTR. I have not seen these recommendations 
but, if confirmed, I look forward to studying them.
    As a part of ITA, Industry & Analysis works to support the ability 
of the U.S. seafood industry to compete fairly in the international 
marketplace. Strengthening U.S. competitiveness will require a holistic 
approach, including: (1) more concerted United States Government (USG) 
actions to address predatory import competition and the distortive 
price effects caused by those imports; and (2) appropriate policies 
focusing on domestic aquaculture competitiveness and cost-efficiency to 
expand domestic farming/fishing capacity, leading to increased market 
shares, both domestically and abroad, for U.S. producers. Increasing 
coordination is paramount, and should I be confirmed, I look forward to 
furthering partnerships within the USG and with external partners to 
advance these goals.

    Question 4. One of the major issues facing domestic seafood 
producers is competing with imports into the United States that are 
injected with fillers (often water) to lower the cost per pound--
despite it being an inferior product. A product that's literally 
turning an entire generation off to seafood. Your predecessor was 
extremely interested in assisting industry to level the playing field 
by going after these imports--if confirmed, will you commit to doing 
the same?
    Answer. I am committed to the Industry & Analysis and the 
International Trade Administration (ITA) mission to strengthen 
competitiveness of U.S. industries. I recognize that there is a unique 
set of issues that impact fair trade in the seafood sector. If 
confirmed, I would welcome the opportunity to meet with interested 
stakeholders, including domestic seafood producers, to hear their 
concerns directly and learn more about the issues facing the domestic 
seafood industry. In coordination with ITA's Global Markets and 
Enforcement & Compliance business units, and as part of the larger 
ecosystem of United States Government (USG) and industry partners, 
should I be confirmed, I will work to further efforts to combat trade 
inequities stemming from dishonest practices by foreign trade partners.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Ron Johnson to 
                            Grant T. Harris
    Question 1. What do you believe are the metrics for success for 
steel and aluminum tariffs?
    Answer. The International Trade Administration's (ITA) Enforcement 
and Compliance unit supports domestic industries, including steel and 
aluminum producers, by enforcing U.S. trade laws that address unfairly 
priced or subsidized foreign goods, monitoring compliance with existing 
trade agreements, and aiding in the negotiation of new trade agreements 
that address trade-impeding and trade-distorting practices.
    If confirmed, I will support the ongoing Commerce efforts to review 
the Section 232 measures and product and country exclusions. It is my 
understanding that this review is led by Commerce's Bureau of Industry 
and Security (BIS) with support from ITA as appropriate. As part of 
that process, I would, if confirmed, make experts available from 
Industry & Analysis to work with BIS as needed. If confirmed, I would 
work with my Commerce colleagues as well as with Congress and relevant 
industry stakeholders to advance the competitiveness of U.S. 
businesses.
    It is also my understanding that the Biden Administration is 
consulting closely with domestic stakeholders as well as allies and 
partners around the world that share similar national security 
interests. For example, the Commerce Department and the Office of the 
U.S. Trade Representative (USTR) reached an agreement with the European 
Union (EU) in May 2021 to postpone the doubling of the EU's retaliatory 
duties imposed in response to the 232 steel and aluminum tariffs until 
the end of 2021. I understand that the Department continues to engage 
in ongoing negotiations with the EU regarding the applications of the 
tariffs to EU steel and aluminum.

    Question 2. Will you commit to examining the negative unintended 
consequences from Section 232 tariffs and retaliatory tariffs on U.S. 
businesses?
    Answer. If confirmed, I will support the ongoing Commerce efforts 
to review the Section 232 measures and product and country exclusions. 
It is my understanding that this review is led by Commerce's Bureau of 
Industry and Security (BIS) with support from the International Trade 
Administration (ITA) as appropriate. As part of that process, I would, 
if confirmed, make experts available from Industry & Analysis to work 
with BIS as needed. If confirmed, I would work with my Commerce 
colleagues as well as with Congress and relevant industry stakeholders 
to advance the competitiveness of U.S. businesses.

    Question 3. Do you believe national security tariffs should be 
imposed on U.S. ally nations?
    Answer. My understanding is that a thorough review of the Section 
232 measures and product and country exclusions is ongoing, and that 
the Biden Administration is consulting closely with domestic 
stakeholders as well as allies and partners around the world that share 
similar national security interests. For example, the Commerce 
Department and the Office of the U.S. Trade Representative (USTR) 
reached an agreement with the European Union (EU) in May 2021 to 
postpone the doubling of the EU's retaliatory duties imposed in 
response to the 232 steel and aluminum tariffs until the end of 2021. 
It is my understanding that the Department continues to engage in 
ongoing negotiations with the EU regarding the applications of the 
tariffs to EU steel and aluminum.

    Question 4. What do you believe are specific reasons that a 
national security tariff should be imposed?
    Answer. Section 232 allows the President to impose restrictions on 
certain imports based on a determination by the Department of Commerce 
that the product under investigation ``is being imported into the 
United States in such quantities or under such circumstances as to 
threaten to impair the national security.'' My understanding is that 
the Commerce Department took national security actions under Section 
232 of the Trade Expansion Act of 1962, as amended, to protect American 
steel and aluminum industries. My understanding is that the Biden 
Administration is working to address the market distorting measures in 
economies that have led to overcapacity in the global steel and 
aluminum industries and the resulting national security threats. It is 
also my understanding that a thorough review of the Section 232 
measures and product and country exclusions is ongoing, and that the 
Biden Administration is consulting closely with domestic stakeholders 
as well as allies and partners around the world that share similar 
national security interests.

    Question 5. Will you commit to responding to inquiries and 
providing requested information from members of Congress on a timely 
basis?
    Answer. Yes, if confirmed I commit to responding to inquiries and 
providing requested information from members on a timely basis, 
consistent with the constitutional and statutory obligations of the 
executive branch.

                                  [all]