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Nomination of Marie Therese Dominguez to Be Administrator, Pipeline and Hazardous Materials Safety Administration (Phmsa), U.S

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Nomination of Marie Therese Dominguez to Be Administrator, Pipeline and Hazardous Materials Safety Administration (Phmsa), U.S S. HRG. 114–126 NOMINATION OF MARIE THERESE DOMINGUEZ TO BE ADMINISTRATOR, PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA), U.S. DEPARTMENT OF TRANSPORTATION HEARING BEFORE THE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION UNITED STATES SENATE ONE HUNDRED FOURTEENTH CONGRESS FIRST SESSION JULY 22, 2015 Printed for the use of the Committee on Commerce, Science, and Transportation ( U.S. GOVERNMENT PUBLISHING OFFICE 97–740 PDF WASHINGTON : 2015 For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Nov 24 2008 11:44 Dec 07, 2015 Jkt 075679 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\GPO\DOCS\97740.TXT JACKIE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ONE HUNDRED FOURTEENTH CONGRESS FIRST SESSION JOHN THUNE, South Dakota, Chairman ROGER F. WICKER, Mississippi BILL NELSON, Florida, Ranking ROY BLUNT, Missouri MARIA CANTWELL, Washington MARCO RUBIO, Florida CLAIRE MCCASKILL, Missouri KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii JERRY MORAN, Kansas EDWARD MARKEY, Massachusetts DAN SULLIVAN, Alaska CORY BOOKER, New Jersey RON JOHNSON, Wisconsin TOM UDALL, New Mexico DEAN HELLER, Nevada JOE MANCHIN III, West Virginia CORY GARDNER, Colorado GARY PETERS, Michigan STEVE DAINES, Montana DAVID SCHWIETERT, Staff Director NICK ROSSI, Deputy Staff Director REBECCA SEIDEL, General Counsel JASON VAN BEEK, Deputy General Counsel KIM LIPSKY, Democratic Staff Director CHRIS DAY, Democratic Deputy Staff Director CLINT ODOM, Democratic General Counsel and Policy Director (II) VerDate Nov 24 2008 11:44 Dec 07, 2015 Jkt 075679 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 S:\GPO\DOCS\97740.TXT JACKIE C O N T E N T S Page Hearing held on July 22, 2015 ............................................................................... 1 Statement of Senator Thune ................................................................................... 1 Statement of Senator Booker .................................................................................. 2 Statement of Senator Ayotte ................................................................................... 19 Statement of Senator Fischer ................................................................................. 21 Statement of Senator Sullivan ............................................................................... 22 Statement of Senator Peters ................................................................................... 25 Statement of Senator Blunt .................................................................................... 27 Statement of Senator Cantwell .............................................................................. 28 Statement of Senator Daines .................................................................................. 30 WITNESSES Hon. Mark Warner, U.S. Senator from Virginia ................................................... 4 Marie Therese Dominguez to be Administrator, Pipeline and Hazardous Mate- rials Safety Administration (PHMSA), U.S. Department of Transportation .. 5 Prepared statement .......................................................................................... 7 Biographical information ................................................................................. 8 APPENDIX Response to written questions submitted to Marie Therese Dominguez by: Hon. John Thune .............................................................................................. 35 Hon. Roy Blunt ................................................................................................. 37 Hon. Dan Sullivan ............................................................................................ 38 Hon. Steve Daines ............................................................................................ 39 Hon. Edward Markey ....................................................................................... 40 Hon. Joe Manchin ............................................................................................. 41 (III) VerDate Nov 24 2008 11:44 Dec 07, 2015 Jkt 075679 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 S:\GPO\DOCS\97740.TXT JACKIE VerDate Nov 24 2008 11:44 Dec 07, 2015 Jkt 075679 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 S:\GPO\DOCS\97740.TXT JACKIE NOMINATION OF MARIE THERESE DOMINGUEZ TO BE ADMINISTRATOR, PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA), U.S. DEPARTMENT OF TRANSPORTATION WEDNESDAY, JULY 22, 2015 U.S. SENATE, COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION, Washington, DC. The Committee met, pursuant to notice, at 10:05 a.m. in room SR–253, Russell Senate Office Building, Hon. John Thune, Chair- man of the Committee, presiding. Present: Senators Thune, Blunt, Ayotte, Sullivan, Gardner, Daines, Cantwell, Markey, Booker, Manchin, Fischer, and Peters. OPENING STATEMENT OF HON. JOHN THUNE, U.S. SENATOR FROM SOUTH DAKOTA The CHAIRMAN. This nomination hearing will come to order. Today we are going to consider the nomination of Marie Therese Dominguez to be the next Administrator of the Pipeline and Haz- ardous Materials Safety Administration. PHMSA plays a key role in the infrastructure of the Nation, and it is important that its senior leadership be in place to ensure ac- countability to Congress and an array of stakeholders as we seek to improve safety and maintain and expand the Nation’s pipeline networks. These pipeline and related transportation networks fundamen- tally underpin our Nation’s economy. So it is important that those who directly oversee these networks have the experience and skills necessary to manage this critical enterprise. The PHMSA Administrator position has been vacant since last October when Cynthia Quarterman resigned. By the time Presi- dent Obama finally announced his intention to nominate Ms. Dominguez on May 29, the post had been vacant for 237 days, well past the statutory time of 210 days contemplated by the Vacancies Act for a temporary appointment. The lack of Presidential nominations for critical safety positions has been a standing concern of this committee. For example, the White House dragged its feet in nominating someone to lead the Transportation Security Administration, prompting even The New York Times editorial page, normally quite deferential to the Presi- (1) VerDate Nov 24 2008 11:44 Dec 07, 2015 Jkt 075679 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 S:\GPO\DOCS\97740.TXT JACKIE 2 dent, to express the opinion that ‘‘the Obama Administration has been disturbingly slow to give the TSA strong leadership at the top.’’ Thankfully, once the Administration nominated a qualified indi- vidual to lead the TSA, the Senate was able to act quickly to con- firm the nominee, and Admiral Neffenger was sworn in at the TSA only 2 weeks ago. Unfortunately, the Administration has also been slow in nomi- nating a qualified individual to lead PHMSA. During a Commerce Committee hearing back in March of this year, Senator Daines expressed concerns to Transportation Sec- retary Anthony Foxx that a PHMSA Administrator nominee had yet to be named and questioned when the PHMSA Administrator position would be filled. Secretary Foxx was unable to shed any light on the delay or when a nominee could be expected. On May 6, Politico published an articled entitled ‘‘President Obama’s pipeline safety agency waits for leader,’’ observing that ‘‘President Obama has blown past the legal deadline to name a per- manent boss for the agency that oversees the safety of the Nation’s oil trains and fossil fuel pipelines.’’ On May 20, 2015, ten Democratic Senators wrote a letter to President Obama calling on him to act quickly to nominate an Ad- ministrator for PHMSA, and noting that the most recent perma- nent Administrator left the position more than 220 days ago. It seems to take a chorus of inquiries from the media and the Ad- ministration’s allies for it to get around to nominating individuals to lead critically important safety agencies. I am disappointed at the length of time it took for the President to send us a nominee for PHMSA, but he has finally sent us one. Ms. Dominguez appears to have substantial management experi- ence while serving at the U.S. Postal Service and the Army Corps of Engineers, and we appreciate that service. I am concerned that her accomplishments do not appear to indi- cate expertise or experience on issues regarding pipeline safety or hazardous materials safety. I will be asking Ms. Dominguez to re- spond to this concern during the hearing. I will also be asking Ms. Dominguez about her perspective on some of the challenges facing the Nation’s pipeline infrastructure, as well as the challenges the agency is facing with respect to delays in reports and regulations mandated by the 2011 Pipeline Safety Act. Having said all this, I would like to thank Ms. Dominguez for her willingness to serve the Nation in this important role, and I look forward to her testimony. With that, I would like now to turn to our distinguished Ranking Member, Senator Booker, for any remarks that he would like to make. STATEMENT OF HON. CORY BOOKER, U.S. SENATOR FROM NEW JERSEY Senator BOOKER. Mr. Chairman, I am disappointed that you will not allow us to put Senator Warner under oath and ask him some questions. [Laughter.] VerDate Nov 24 2008 11:44 Dec 07, 2015 Jkt 075679 PO 00000
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