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“OBJECTION TO THE NOMINATION OF HUSEIN CUMBER” mentioning the U.S. Dept. of Transportation was published in the Senate section on pages S6648-S6649 on July 14, 2008.
The publication is reproduced in full below:
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 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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