[Senate Hearing 106-1118]
[From the U.S. Government Publishing Office]
S. Hrg. 106-1118
NOMINATION OF DELMOND WON TO BE A FEDERAL MARITIME COMMISSIONER
=======================================================================
HEARING
before the
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED SIXTH CONGRESS
SECOND SESSION
__________
JUNE 15, 2000
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED SIXTH CONGRESS
SECOND SESSION
JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
SLADE GORTON, Washington JOHN D. ROCKEFELLER IV, West
TRENT LOTT, Mississippi Virginia
KAY BAILEY HUTCHISON, Texas JOHN F. KERRY, Massachusetts
OLYMPIA J. SNOWE, Maine JOHN B. BREAUX, Louisiana
JOHN ASHCROFT, Missouri RICHARD H. BRYAN, Nevada
BILL FRIST, Tennessee BYRON L. DORGAN, North Dakota
SPENCER ABRAHAM, Michigan RON WYDEN, Oregon
SAM BROWNBACK, Kansas MAX CLELAND, Georgia
Mark Buse, Republican Staff Director
Martha P. Allbright, Republican General Counsel
Kevin D. Kayes, Democratic Staff Director
Moses Boyd, Democratic Chief Counsel
C O N T E N T S
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Page
Hearing held on June 15, 2000.................................... 1
Statement of Senator Burns....................................... 9
Statement of Senator Breaux...................................... 9
Statement of Senator Hollings.................................... 9
Statement of Senator Hutchison................................... 9
Statement of Senator Inouye...................................... 2
Prepared statement........................................... 2
Statement of Senator Gorton...................................... 9
Statement of Senator McCain...................................... 1
Witness
Won, Hon. Delmond J. H., Commissioner, Federal Maritime
Commission..................................................... 2
Prepared Statement........................................... 3
Biographical Information..................................... 4
NOMINATION OF DELMOND WON TO BE A FEDERAL MARITIME COMMISSIONER
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THURSDAY, JUNE 15, 2000
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 9:30 a.m. in room
SR-253, Russell Senate Office Building, Hon. John McCain,
Chairman of the Committee, presiding.
Staff members assigned to this hearing: Rob Freeman,
Republican Professional Staff; Virginia Pounds, Republican
Professional Staff; Carl Bentzel, Democratic Counsel; and
Jonathan Oakman, Democratic Staff Assistant.
OPENING STATEMENT OF HON. JOHN McCAIN,
U.S. SENATOR FROM ARIZONA
The Chairman. Good morning. The Commerce Committee meets
today to examine the qualifications of Delmond Won, who has
been nominated to serve a second term as a Commissioner of the
Federal Maritime Commission (FMC).
This Committee takes its advise and consent role seriously.
I know Mr. Won has responded in detail to the Committee's
request for biographical and financial data. Mr. Delmond Jack
P. Won of Hawaii has served as commissioner since being
appointed to the FMC in 1994.
Prior to his appointment, Mr. Won was self-employed as a
private consultant. He has also served as a member of the
Hawaii State Land Use Commission and as Vice President and
Treasurer of Hawaii Pacific Industries, Incorporated. Mr. Won
graduated from the University of Hawaii School of Engineering
and the University of Hawaii Graduate School of Business.
Mr. Won, I welcome you. I would like to take this
opportunity to thank you for being here. I know your
renomination is a great honor and that your family is very
proud. If you would like to introduce your family, you may
identify them here today.
Mr. Won. My family was not able to be here, Mr. Chairman.
The Chairman. Then I will not introduce them.
[Laughter.]
The Chairman. I know that a special friend of yours would
like to say a few words. Senator Inouye.
STATEMENT OF HON. DANIEL K. INOUYE,
U.S. SENATOR FROM HAWAII
Senator Inouye. Thank you very much, Mr. Chairman.
Mr. Chairman, I wholeheartedly support the nomination of
Commissioner Won to a second term on the FMC. I am confident
that Commissioner Won will continue to fulfill his duties with
distinction and dedication.
Mr. Chairman, I ask that the full statement of my statement
in support be made a part of the record.
[The prepared statement of Senator Inouye follows:]
Prepared Statement of Hon. Daniel K. Inouye, U.S. Senator from Hawaii
I am pleased and honored to introduce Federal Maritime Commissioner
Delmond Won, the President's nominee for a second term as a Federal
Maritime Commissioner. He has served as a Commissioner since August 18,
1994 and was nominated for a second term in April of last year.
Commissioner Won's experience at the Federal Maritime Commission (FMC)
and his private sector background make him well-suited for this
position.
Commissioner Won's extensive experience in financial and marketing
analysis in evaluation of business opportunities and capital investment
alternatives that have benefitted him in the fulfillment of his duties
as Federal Maritime Commissioner. During his nearly six years on the
FMC, Commissioner Won has worked diligently to ensure fair, equitable,
and open seaborne trade between the U.S. and other nations.
If given the privilege to continue to serve our nation as a member
of the Federal Maritime Commission, I am confident Commissioner Won
would continue to fulfill his duties with dedication and distinction. I
wholeheartedly support the nomination of Commissioner Delmond Won to a
second term on the FMC. I ask my colleagues for their favorable
consideration of his appointment to the FMC.
The Chairman. Thank you very much. Mr. Won, please proceed.
STATEMENT OF HON. DELMOND J. H. WON, COMMISSIONER, FEDERAL
MARITIME COMMISSION
Mr. Won. Thank you. Mr. Chairman, distinguished members of
the Committee, I am honored to be here today to be considered
for another term of service on the Federal Maritime Commission.
At the time of my first appointment I felt that my background
of having served both as part of a regulated company and as a
State regulator would be beneficial in carrying out the duties
of this position.
After having served in my position for the past almost 6
years now, I have learned that I was only partially correct in
my assumption. While my experiences in Hawaii were most helpful
in understanding the process of regulation, what I was not
prepared for was the much larger number of variables that need
to be considered and the more global nature of the impact of
some of our decisions.
I suppose I should not have been surprised, because the
global impact of some of our decisions only reflect the
increase in globalization of not only the world's economy but
also of the world society. This growing interdependence of
countries only increases the importance of the role of our
maritime industry, as I believe that ocean transportation of
goods is and will continue to be for the foreseeable future the
most fundamental element of our transportation infrastructure
serving our global economy.
Within the context of this economy, the Federal Maritime
Commission's role as defined and recently affirmed by Congress
is:
1) to establish a nondiscriminatory regulatory process for
the common carriage of goods by water in the foreign commerce
of the United States with a minimum of Government intervention
and regulatory cost;
2) to provide an efficient and economic transportation
system in the ocean commerce of the United States that is
insofar as possible in harmony with and responsive to
international shipping policies;
3) to encourage the development of an economically sound
and efficient United States flag liner fleet capable of meeting
national security needs; and
4) to promote the growth and development of United States
exports through competitive and efficient ocean transportation
and by placing a greater reliance on the marketplace.
In having had the opportunity to carry out these
responsibilities since my first appointment in 1994, I can
honestly say that my confidence in my abilities has grown as
well as my deep appreciation for the difficulties that
oftentimes arise in trying to strike a balance of fairness.
I realize that regulations can and must change to keep up
with the changing marketplace, but it is my belief that the
ultimate purpose of regulation is to impart a sense of fairness
to that marketplace. That was my conviction and commitment in
1994, and it remains unchanged to me as you consider me for
confirmation.
I would like to take this time also to thank those in the
industry who have supported me in the years that I have served
thus far, and also my colleagues, three of whom are here today,
Commissioners Merck and Moran, and Chairman Creel.
Thank you.
[The prepared statement and biographical information of Mr.
Won follow:]
Prepared Statement of Hon. Delmond J. H. Won, Commissioner,
Federal Maritime Commission
Mr. Chairman and distinguished Members of the Committee, I am
honored to be here today to be considered for another term of service
on the Federal Maritime Commission.
At the time of my first appointment, I felt that my background of
having served both as part of a regulated company and as a state
regulator, would be beneficial in carrying out the duties of this
position.
After having served in my position for the past almost six years
now, I learned that I was only partially correct in my assumption.
While my experiences in Hawaii were most helpful in understanding
the process of regulation, what I was not prepared for was the much
larger number of variables that need to be considered, and the more
global nature of the impact of some of our decisions.
I suppose that I should not have been surprised because the global
impact of some of our decisions only reflect the increasing
globalization of not only the world's economy, but also of the world's
society. This growing interdependence of countries only increases the
importance of the role of our maritime industry as I believe that ocean
transportation of goods is and will continue to be for the foreseeable
future, the most fundamental element of our transportation
infrastructure serving our growing, global economy.
Within the context of the growing, global economy, the Federal
Maritime Commission's role as defined and recently reaffirmed by
Congress is:
1) Lto establish a nondiscriminatory regulatory process for the
common carriage of goods by water in the foreign commerce of
the United States with a minimum of government intervention and
regulatory costs;
2) Lto provide an efficient and economic transportation system
in the ocean commerce of the United States that is, insofar as
possible, in harmony with, and responsive to, international
shipping practices;
3) Lto encourage the development of an economically sound and
efficient United States-flag liner fleet capable of meeting
national security needs; and
4) Lto promote the growth and development of United States
exports through competitive and efficient ocean transportation
and by playing a greater reliance on the marketplace.
In having had the opportunity to carry out these responsibilities
since my first appointment in 1994, I can honestly say that my
confidence in my abilities has grown, as well as my deep appreciation
for the difficulties that oftentimes arise in trying to strike a
balance of fairness.
I realize that regulations can and must change to keep up with the
changing marketplace, but it is my belief that the ultimate purpose of
regulation is to impart a sense of fairness to the marketplace.
That was my conviction and commitment in 1994, and it remains
unchanged today as you consider me for confirmation.
a. biographical information
1. Name: Delmond J.H. Won.
2. Position to which nominated: Commissioner.
3. Date of nomination: April 12, 1999.
4. Address: Home: 3 Oak Brook Court, Stafford, VA 22554. Office:
Federal Maritime Commission, 800 North Capitol St., N.W., Washington,
D.C. 20573.
5. Date and place of birth: 11/18/53, Honolulu, Hawaii.
6. Marital status: Married to the former Deanna N. Maruyama.
7. Names and ages of children: Samantha G. L. Won, 10; Trevor W. K.
Won, 6.
8. Education: University of Hawaii Graduate School of Business,
1975-77, MBA; University of Hawaii School of Engineering, 1972-75, BS;
Columbia University School of Applied Science, 1971-72; and Iolani
School, 1965-71, High School Diploma (college preparatory).
9. Employment record: 1994-present, Commissioner, Federal Maritime
Commission; July 1990-1994, member, Hawaii State Land Use Commission;
September 1, 1993-1994, self-employed private consultant (consulting
work clients include Young Brothers, Ltd., and Frederic R. Harris,
Inc.); September 21, 1990-August 23, 1993, vice president and
treasurer, Hawaii Pacific Industries, Inc.; February 1, 1987-September
15, 1990, Director, Planning and Regulatory Affairs, Hawaiian Tug and
Barge Corp./Young Brothers, Ltd.; October 1, 1985-January 31, 1987,
Manager, Government Affairs, Young Brothers, Ltd.; May 1, 1985-
September 30, 1985, Regulatory Affairs Administrator, Hawaiian Electric
Co.; April 1, 1984-April 30, 1985, Manager, Customer Service and
Planning, Young Brothers, Ltd.; September 1, 1979-March 31, 1984,
Manager, Planning and Analysis, Young Brothers, Ltd.; and February 6,
1977-August 31, 1979, Marketing Assistant and Analyst, Dillingham
Maritime, Pacific Division.
10. Government experience: Member, Hawaii State Land Use Commission
(July 1, 1990-June 30, 1994).
11. Business relationships: Presently a co-owner of residential
property in Hawaii which is being rented. Also a part owner of Q Corp,
an inactive corporation registered in Hawaii.
12. Memberships: Am currently not a member of any professional,
fraternal, scholarly, civic, business, charitable or any other
organizations.
13. Political affiliations and activities: (a) Have not held any
office with a political party nor have I held any public office for
which I had been a candidate. (b) I am currently a member of the
Democratic Party, but have not held any office (c) $1,000 contribution
to the Democratic National Committee during 1996. $1,000 contribution
to Gore 2000, Inc.
14. Honors and awards: None.
15. Published writings: None.
16. Speeches: See attached copies of all speeches given during
first term.*
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* The information referred to has been retained in the Committee
files.
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17. Selection: (a) I believe that I have been selected for
reappointment to the Federal Maritime Commission because I have
demonstrated that I am capable of understanding the relevant issues as
well as exercising sound judgment in deciding matters that come before
the agency. (b) I believe that my experiences with both a regulated
common carrier and with a regulatory agency while in Hawaii has given
me a somewhat unique perspective of what regulation means to the public
interest. While my understanding of regulation was developed while in
Hawaii, my past four years with the Federal Maritime Commission have
broadened my understanding to include the international aspects of the
maritime industry.
b. future employment relationships
1. Will you sever all connections with your present employers,
business firms, business associations or business organizations if you
are confirmed by the Senate? All such relationships were severed at the
time of my initial appointment to the Federal Maritime Commission.
2. Do you have any plans, commitments or agreements to pursue
outside employment, with or without compensation, during your service
with the government? If so, explain. I have no such plans, commitments
or agreements.
3. Do you have any plans, commitments or agreements after
completing government service to resume employment, affiliation or
practice with your previous employer, business firm, association or
organization? I have no such plans, commitments or agreements.
4. Has anybody made a commitment to employ your services in any
capacity after you leave government service? No.
5. If confirmed, do you expect to serve out your fill term or until
the next Presidential election, whichever is applicable? Yes.
c. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients or customers. None.
2. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated. None.
3. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 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. None.
4. Describe any activity during the past 10 years in which you have
engaged for the purpose of directly or indirectly influencing the
passage, defeat or modification of any legislation or affecting the
administration and execution of law or public policy. None.
5. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items. (Please provide a copy of any trust or other agreements.) Should
any potential conflict of interest present itself in any matter that
comes before the Federal Maritime Commission, I would disclose the
potential conflict and either recuse myself or let the parties to the
proceeding decide whether or not recusal is necessary, whichever is
appropriate.
6. Do you agree to have written opinions provided to the Committee
by the designated agency ethics officer of the agency to which you are
nominated and by the Office of Government Ethics concerning potential
conflicts of interest or any legal impediments to your serving in this
position? Yes.
d. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
for unprofessional conduct by, or been the subject of a compliant to
any court, administrative agency, professional association,
disciplinary committee, or other professional group? If so, provide
details. No.
2. Have you ever been investigated, arrested, charged or held by
any Federal, State, or other law enforcement authority for violation of
any Federal, State, county, or municipal law, regulation or ordinance,
other than a minor traffic offense? If so, provide details. No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in interest in an administrative agency
proceeding or civil litigation? If so, provide details. As an officer
of Young Brothers, Limited during the period 1987 to 1990, I regularly
represented the company during proceedings before the Hawaii Public
Utilities Commission. The last major case I presented on behalf of the
company before the Hawaii Public Utilities Commission dealt with the
definitional and jurisdictional differences between interstate and
intrastate commerce. I also represented the company in a proceeding of
the U.S. Maritime Administration regarding the application of American
President Lines to serve Hawaii. The scope of my testimony involved the
company's ability to transship the cargo of American President Lines to
the various Hawaiian islands. Finally, while employed by Hawaii Pacific
Industries, Inc. I was involved in an arbitration regarding the
performance of the contractor relative to a construction contract.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? No.
5. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be considered in
connection with your nomination. None.
e. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines set by congressional committees for information? Yes, to the
extent my position allows me to.
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, to the extent my position
allows me to.
3. Will you cooperate in providing the committee with requested
witnesses, to include technical experts and career employees with
firsthand knowledge of matters of interest to the committee? Yes, to
the extent my position allows me to.
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.
f. general qualifications and views
1. Please describe how your previous professional experience and
education qualifies you for the position for which you have been
nominated. Having worked for a company that was regulated by the Hawaii
Public Utilities Commission allowed me to learn how a private
enterprise is impacted by various regulations. Having served as a
member of the Hawaii Land Use Commission allowed me to become much more
sensitive to the public interest standard that we were charged with
protecting. Between these two experiences, I believe that I have a
unique background of understanding what it is to be both regulated and
a regulator. Given this background, I feel that I am better suited than
most to make balanced decisions not only on the merits of specific
regulations, but also in the administration of the regulations that are
in place. Additionally, my past four years on the Federal Maritime
Commission has given me more understanding of how international issues
and considerations fit into the regulatory scheme.
2. What skills do you believe you may be lacking which may be
necessary to successfully carry out this position? What steps can be
taken to obtain those skills? Having held the position for the last
four years, I feel that I am well equipped to continue carrying out the
responsibilities of the agency.
3. Why do you wish to serve in the position for which you have been
nominated? I have for a long time, and continue to believe that public
service is an honorable and rewarding thing to do. That belief,
combined with my private sector experiences in the maritime industry,
makes me feel like I have something meaningful to contribute to the
position.
4. What goals have you established for your first two years in this
position, if confirmed? Since my situation is one of reappointment, I
would aim to contribute as much as I can to resolving the major issues
presently before us, such as the matter of discriminatory port
practices in Japan, possible discriminatory business practices in
China, possible unlawful practices by carriers in the Trans-Pacific
trades, and implementation of the Ocean Shipping Reform Act.
5. Please discuss your philosophical views on the role of
government. Include a discussion of when you believe the government
should involve itself in the private sector, when should society's
problems be left to the private sector, and what standards should be
used to determine when a government program is no longer necessary.
While this is an extremely complex question to deal with, I will state
generally that government's primary role is to insure equal opportunity
to all of our country's citizens to what society happens to define as
basic, essential rights. Of course, the difficulty here is that our
definition of basic, essential rights can and will differ with time.
Fundamentally, Government should decide whether or not to get involved
in a matter based on whether or not it perceives that any of these
basic, essential rights are being unfairly denied to any particular
individual or class of individuals.
It would be extremely difficult for me to get more detailed than
this because (I recognize that there will be many differences in
opinion as to whether something would be defined as a right or a
privilege.
6. In your own words, please describe the agency's current
missions, major programs, and major operational objectives. In its
simplest terms, the agency's mission is to insure a level playing field
for all participants in the U.S./international maritime industry. I
believe that the major programs for the agency will be in the policing
over discriminatory practices on the part of foreign governments and
gaining a solid understanding of the foreign governments and gaining a
solid understanding of the economic impacts of industry trends to
prevent market power abuse. Our economic impacts of industry trends to
prevent market power abuse. Our major operational objectives must be to
review and revise our rules and regulations to capture the true intent
of the recently passed Ocean Shipping Reform Act.
7. In reference to question number six, what forces are likely to
result in changes to the mission of this agency over the coming five
years. As the economy becomes more and more global, and as countries
become more and more interdependent, we as a country must attempt to
come to some kind of agreement as to the kind of role we want ocean
transportation to play. How important we view what I often refer to as
the most fundamental element of transportation infrastructure for
international trade, the maritime industry, will determine what kind
of, if any regulatory scheme is needed.
8. In further reference to question number six, what are the likely
outside forces which may prevent the agency from accomplishing its
mission? What do you believe to be the top three challenges facing the
board/commission and why? I'm not certain that there would be any
outside forces that could prevent the agency from accomplishing its
mission unless one would consider the lack of sufficient funding an
outside factor. My experiences in the private sector has taught me that
if you want to be successful in the face of significant change as the
agency is facing with the passage of the Ocean Shipping Reform Act, you
have to focus internally to make sure your resources are properly
allocated and that all your people fully understand what the agency's
new role is and what their individual roles are. I believe that these
are the most important issues for our agency.
9. In further reference to question number six, what factors in
your opinion have kept the board/commission from achieving its missions
over the past several years? While I feel that the agency has been
fairly successful in the past several years, I do recognize that the
staff and commissioners are in general, more influenced in their
outlook on an issue by those parties which have the most resources.
Depending on the available resources, agency personnel should be given
more opportunity to get out and develop a more comprehensive
understanding of the maritime industry.
10. Who are the stakeholders in the work of this agency? The direct
stakeholders are all parties regulated by the agency which includes
carriers and ocean transportation intermediaries. Indirectly, all
parties who are involved in the U.S. international shipping industry as
well as all those who benefit from this trade are stakeholders.
11. What is the proper relationship between your position, if
confirmed, and the stakeholders identified in question number ten. I
believe the proper relationship between my position and the agency's
stakeholders is one where the commissioner is willing to listen with
open mind to the concerns of all. This is the only way that the agency
will be able to learn about all sides of a particular issue and arrive
at a fair and balanced decision.
12. Please describe your philosophy of supervisor/employee
relationships. Generally, what supervisory model do you follow? Have
any employee complaints been brought against you? For the most part, I
believe that supervisors should provide guidance to employees.
Supervisors should help employees understand the broader objectives and
explain how the individual employee's work contributes to those goals.
I'm not sure that I follow any particular supervisory model as much as
I try to emulate those methods that I learned to admire through my own
experiences. I have never had an employee complaint brought against me.
13. Describe your working relationship, if any, with the Congress.
Does your professional experience include working with committees of
Congress? If yes, please describe. I have never had any working
relationship with Congress. While in the past four years as an agency
official I have been available to the Congress, I have only recently
been asked to testify before a House Committee.
14. Please explain how you will work with this Committee and other
stakeholders to ensure that regulations issued by your board/commission
comply with the spirit of the laws passed by Congress. I would continue
to work to make sure that all affected parties have an opportunity to
comment on issues of concern. Additionally, I would continue to
encourage other agency personnel to obtain clarifications from this
Committee on difficult issues. I believe that there should be and I
would encourage the agency to maintain meaningful dialogue with the
Committee on significant issues.
15. In the areas under the board/commission jurisdiction, what
legislative action(s) should Congress consider as priorities? Please
state your personal views. Referring back to question seven, I believe
that the Congress should try to determine the role that ocean shipping
will play in this increasingly global economy. Given the growing
interdependence of countries, should we leave transport of goods in the
hands of the marketplace or should we establish a scheme wherein ocean
transportation serves as a kind of ``bus'' system? Depending on that
decision, should antitrust immunity remain or should we make clear that
antitrust immunity is limited? Given my bias toward strategic planning,
I think it essential that the Congress address these kinds of
fundamental questions first. Once these questions are answered, the
proper regulatory scheme is relatively easy to put in place.
16. Please discuss your views on the appropriate relationship
between a voting member of an independent board or commission and the
wishes of a particular president. Given the responsibilities of a
particular board or commission, a particular president should nominate
an individual who is knowledgeable and objective. Once confirmed, the
individual should consider any views of a president as he/she would the
views of any other interested party. Any qualified person would assign
the proper weight to presented views before making a decision.
The Chairman. Thank you. Welcome to the other
Commissioners. Do you support and can you objectively and
fairly implement the new Ocean Shipping Reform Act enacted by
Congress less than 2 years ago?
Mr. Won. Yes, I can.
The Chairman. What about your statements in the summary of
the report on fact-finding 23, questioning the adequacy and
effectiveness of the new law to the press that the carrier
antitrust immunity retained by Congress in 1998 should be
significantly altered, and to a House/Senate conference
committee that we should reconsider several amendments to OSHA
rejected during the deliberations leading up to enactment of
the new law, even though there is no basis upon which to
determine whether the new law is inadequate?
Mr. Won. Mr. Chairman, antitrust immunity I believe is one
of those issues where reasonable men can disagree. I fully
support the objective of antitrust immunity insofar as it
relates to leveling the playing field of our U.S. flag fleet
competing in the international arena.
My concern with antitrust immunity is a rather narrow one,
and it is more a philosophical type of concern about the
potential of carriers with antitrust immunity to use that
ability as leverage against the shipping public.
Outside of that, I have absolutely no problems with the law
as it is written. I believe, and I have stated in public on
numerous occasions, that it will take, I believe, roughly a 3
to 5-year period for OSRA to clearly show its intended
benefits, and I stick to those statements today. We are in the
process of preparing an interim status report of OSRA as part
of a 2-year study that has been announced by the commission in
the not-too-distant past, and there are clearly signs that the
changes in the industry as a result of OSRA are indications
that the environment is moving toward a more market-based type
of system.
The Chairman. Senator Hollings.
STATEMENT OF HON. ERNEST F. HOLLINGS,
U.S. SENATOR FROM SOUTH CAROLINA
Senator Hollings. Does Senator Inouye approve of your
appointment?
Mr. Won. I believe he does.
Senator Hollings. Thank you. That is the only question I
have.
[Laughter.]
The Chairman. Senator Burns.
STATEMENT OF HON. CONRAD BURNS,
U.S. SENATOR FROM MONTANA
Senator Burns. I have no questions.
The Chairman. Senator Breaux.
STATEMENT OF HON. JOHN B. BREAUX,
U.S. SENATOR FROM LOUISIANA
Senator Breaux. Did Senator Hollings approve your
nomination?
[Laughter.]
Mr. Won. I would like to think so, Senator Breaux.
The Chairman. Senator Hutchison.
STATEMENT OF HON. KAY BAILEY HUTCHISON,
U.S. SENATOR FROM TEXAS
Senator Hutchison. No questions, Mr. Chairman.
The Chairman. Well, Mr. Won, we intend to move your
nomination on this markup so that you can be reappointed.
Senator Gorton has arrived. Do you have any questions for
Mr. Won, who is nominee for reappointment to a second term at
the Federal Maritime Commission?
STATEMENT OF HON. SLADE GORTON,
U.S. SENATOR FROM WASHINGTON
Senator Gorton. No, Mr. Chairman.
The Chairman. Congratulations, Mr. Won. We will vote on
your reappointment at this markup. Thank you for your
willingness to serve, and the fine job you have done in the
past.
Mr. Won. Thank you.
The Chairman. This hearing is adjourned.
[Whereupon, at 9:40 a.m., the Committee adjourned.]