[Congressional Record (Bound Edition), Volume 154 (2008), Part 11]
[Senate]
[Pages 14778-14779]
[From the U.S. Government Publishing Office, www.gpo.gov]




              OBJECTION TO THE NOMINATION OF HUSEIN CUMBER

  Mr. WYDEN. Mr. President, I stand today to object to any unanimous 
consent agreement in connection with the nomination of Mr. Husein 
Cumber to be a member of the Surface Transportation Board, or STB. I 
don't take this action lightly, and I would like to take a few moments 
to briefly describe why I am placing a hold on his nomination.
  Railroads and transportation infrastructure are the lifeblood of our 
economy. My home State of Oregon has recently been the victim of a 
short line railroad that has subverted consumer protections established 
by Congress in an attempt to reduce service and raise rates. The STB is 
the last line of defense against companies that are more interested in 
maximizing profits than they are in their legal obligations as a common 
carrier.
  To be an effective safeguard against this activity, the STB needs 
board members with in-depth experience and knowledge of a broad range 
of rate, service and railroad merger issues. The law says that members 
of the STB should possess professional standing and demonstrated 
knowledge in the fields of transportation or transportation regulation. 
I am very concerned that Mr. Cumber doesn't possess any of these 
qualities.
  Mr. Cumber's nomination requires this body to seriously review his 
record of accomplishment in light of these requirements and 
demonstrated abilities. I have compared Mr. Cumber's record with those 
of other current and former members of the STB, and I would like to 
share some of my findings with you today.
  First, Chairman Charles Nottingham, a licensed attorney. Chairman 
Nottingham has 4 years of experience in the Federal Highway 
Administration working on everything from funding analysis to policy 
development. He has an additional 4 years at the state level as the 
Transportation Commissioner and CEO of Virginia DOT. He was the counsel 
to the Committee on Government Reform in the U.S. House of 
Representatives. Chairman Nottingham is unquestionably qualified for 
the duties required of a board member and a good example of what the 
STB needs in a nominee.
  Vice Chairman Francis Mulvey, with a Ph.D. in Economics, is likewise 
qualified. He has legislative experience as the Staff Director for the 
Railroad Subcommittee in the House of Representatives. He was the 
Deputy Assistant Inspector General for Rail, Transit, and Special 
Programs in the Department of Transportation. He was the Assistant 
Director charged with analyzing transportation issues at the GAO. His 
experiences outside government are equally valuable: He was the 
Programs Manager for the National Academy of Sciences, Transportation 
Research Board. He was also the Vice President for Research with the 
American Bus Association. Again, Vice Chairman Mulvey is an exemplary 
member and a model for future nominees.
  Former Chairman Linda Morgan, an attorney with a Georgetown law 
degree, was supremely qualified to work on the STB. For 15 years she 
held various positions with the Senate Committee on Commerce, Science, 
and Transportation. While there, she was responsible for much of the 
legislation that established the framework for today's surface 
transportation system. She also served as the general counsel of the 
committee.
  Former Chairman Roger Nober was the counselor to the Deputy Secretary 
of Transportation for a year before joining the STB. Before that he 
spent 4 years as the chief counsel for the Committee on Transportation 
and Infrastructure of the House of Representatives. For the 4 years 
before that, he held a variety of positions on that committee's staff. 
And for the 4 years before that, he put his Harvard law degree to use 
in New York City. His breadth of experience, most of it relating to 
transportation issues, made him very well qualified to serve as a board 
member and chairman.
  Former Vice Chairman Wayne Burkes served in the Mississippi 
legislature for 14 years; 4 years in the House of Representatives, and 
10 years in the Senate. He served on the Highways and Transportation 
Committee all 14 years. After his time in the legislature, he then 
spent 10 years as the Mississippi Transportation Commissioner for the 
Central District. His understanding of transportation issues was 
certainly unquestioned.
  Even a cursory review of current and former board member 
qualifications makes it clear what kind of nominee this important 
regulatory body requires. I would like to bring the Senate's attention 
now to our current nominee, Mr. Husein Cumber. There are stark 
differences between what you have just heard and what I will present to 
you now.
  Mr. Cumber's regulatory experience in transportation is limited to 
his short tenure as a political appointee at the Department of 
Transportation--1 year as the Deputy Chief of Staff, and some time as 
the Assistant to the Secretary for Policy. For his private sector 
expertise, he can point to his year as the spokesman for Florida East 
Coast Industries. And before that, he was a political fundraiser for 
President George W. Bush and Governor Jeb Bush. He was what some 
referred to as a fundraising wunderkind. One story noted that he 
``devours business cards like most mortals do potato chips.'' 
Developing these political relationships, he said, allowed him to 
``meet some great people and there's going to be a payoff in the end.''
  The President has nominated Mr. Cumber to work on a vital regulatory 
board with the capacity to impact our economy, our infrastructure, and 
the wages of hard-working Americans across the Nation. Reviewing the 
qualifications of other members, be they PH.D.s, attorneys, or career 
legislators, I see that broad experience in regulatory, policy, and 
economic matters surrounding rail transportation is essential. 
Understanding the common carrier obligation of the rail industry is 
essential. Advocacy for consumers in the face of enormous pressure from 
powerful industry representatives is essential.
  Mr. Husein Cumber is, by all accounts, a hard-working man. But hard 
work alone is not sufficient qualification for nomination to the board 
of an important consumer protection agency. It is also essential that a 
nominee have demonstrated experience and expertise in the issues that 
come before the agency.
  I recently met with Mr. Cumber to discuss his nomination. I found him 
to be polite, personable, and eager. I did not, however, find him to be 
knowledgeable of the critical issues that have come before the STB. His 
experiences in lobbying and fundraising stand out and will no doubt 
help him in his future endeavors outside of government. But what is 
important here is what he has been nominated to do while serving in a 
government position.
  Members of the Surface Transportation Board have to make important 
decisions affecting our Nation's transportation policy from the moment 
they are sworn in. They do not have time for on-the-job training.
  Mr. Cumber's nomination to the STB may in fact be ``the payoff in the 
end'' he has been working toward. But a seat

[[Page 14779]]

on the Surface Transportation Board shouldn't be a payoff. It's not a 
prize to be won--it is a job to be done. And it is a job to be done by 
someone armed with credentials and credibility, not by someone armed 
with only cash and connections.
  I am compelled to object to this nomination for the reasons I have 
provided. My hope is that the administration will acknowledge the 
importance of the STB in their search for a qualified nominee and keep 
looking for one.

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