Hearings to examine the nominations of David Fink, of New Hampshire, to be Administrator of the Federal Railroad Administration, David Fogel, of Connecticut, to be Assistant Secretary and Director General of the United States and Foreign Commercial Service, and Pierre Gentin, of New York, to be General Counsel, both of the Department of Commerce, and Robert Gleason, of Pennsylvania, to be Director of the Amtrak Board of Directors for a term of five years.
Meeting•Senate Commerce, Science, and Transportation•May 13, 2025 · 10:00 AM
Summary
Senate Commerce, Science, and Transportation held a meeting on May 13, 2025 at 10:00 AM in Russell Senate Office Building, Room 253.
Record
The meeting has its transcript on the record.
Transcript
The transcript runs to 6,281 lines and 328,432 characters, as the Government Publishing Office printed it.
1[Senate Hearing 119-276]2[From the U.S. Government Publishing Office]34 S. Hrg. 119-27656 NOMINATION TO THE FEDERAL RAILROAD7 ADMINISTRATION, UNITED STATES AND8 FOREIGN COMMERCIAL SERVICE, AMTRAK9 BOARD OF DIRECTORS, AND THE10 DEPARTMENT OF COMMERCE1112=======================================================================1314 HEARING1516 before the1718 COMMITTEE ON COMMERCE,19 SCIENCE, AND TRANSPORTATION20 UNITED STATES SENATE2122 ONE HUNDRED NINETEENTH CONGRESS2324 FIRST SESSION25 __________2627 MAY 13, 202528 __________2930 Printed for the use of the Committee on Commerce, Science, and31 Transportation3233 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]3435 Available online: http://www.govinfo.gov36 ______3738 U.S. GOVERNMENT PUBLISHING OFFICE394062-674 PDF WASHINGTON : 20264142 SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION4344 ONE HUNDRED NINETEENTH CONGRESS4546 FIRST SESSION4748 TED CRUZ, Texas, Chairman49JOHN THUNE, South Dakota MARIA CANTWELL, Washington,50ROGER WICKER, Mississippi Ranking51DEB FISCHER, Nebraska AMY KLOBUCHAR, Minnesota52JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii53DAN SULLIVAN, Alaska EDWARD MARKEY, Massachusetts54MARSHA BLACKBURN, Tennessee GARY PETERS, Michigan55TODD YOUNG, Indiana TAMMY BALDWIN, Wisconsin56TED BUDD, North Carolina TAMMY DUCKWORTH, Illinois57ERIC SCHMITT, Missouri JACKY ROSEN, Nevada58JOHN CURTIS, Utah BEN RAY LUJAN, New Mexico59BERNIE MORENO, Ohio JOHN HICKENLOOPER, Colorado60TIM SHEEHY, Montana JOHN FETTERMAN, Pennsylvania61SHELLEY MOORE CAPITO, West Virginia ANDY KIM, New Jersey62CYNTHIA LUMMIS, Wyoming LISA BLUNT ROCHESTER, Delaware63 Brad Grantz, Republican Staff Director64 Nicole Christus, Republican Deputy Staff Director65 Lila Harper Helms, Staff Director66 Melissa Porter, Deputy Staff Director6768 C O N T E N T S6970 ----------71 Page72Hearing held on May 13, 2025..................................... 173Statement of Senator Cruz........................................ 174Statement of Senator Peters...................................... 275Statement of Senator Moran....................................... 6476Statement of Senator Klobuchar................................... 6577Statement of Senator Capito...................................... 6778Statement of Senator Baldwin..................................... 6979Statement of Senator Lujan....................................... 7180Statement of Senator Moreno...................................... 7381Statement of Senator Blunt Rochester............................. 7682Statement of Senator Kim......................................... 7883Statement of Senator Blackburn................................... 8084Statement of Senator Cantwell.................................... 8185Statement of Senator Duckworth................................... 8386Statement of Senator Markey...................................... 8487Statement of Senator Fetterman................................... 8688 Letter dated April 6, 2025 to Hon. Ted Cruz from Joey Evans,89 President, Texas Short Line and Regional Railroad90 Association................................................ 8991 Letter dated April 30, 2025 to Hannah Matesic, Deputy92 Assistant Secretary for Congressional Affairs, U.S.93 Department of Transportation from Patricia Quinn, Executive94 Director, Northern New England Passenger Rail Authority.... 9095 Letter dated May 13, 2025 to Hon. Ted Cruz and Hon. Maria96 Cantwell from Michael J. Seyfert, President and Chief97 Executive Officer, National Grain and Feed Association..... 9198 Letter dated May 13, 2025 to Hon. Ted Cruz and Hon. Maria99 Cantwell from Ross B. Capon, Vice-President/Washington100 Representative, American Association of Private Railroad101 Car Owners................................................. 92102 Letter dated May 13, 2025 to Hon. Ted Cruz and Hon. Maria103 Cantwell from James T. Riley, Esq., President, Railroad104 Supply Institute........................................... 93105 Letter dated May 13, 2025 to Hon. Ted Cruz from Michael J.106 Walsh, Jr.................................................. 95107 Letter dated April 3, 2025 to Hon. Ted Cruz from Norm108 Coleman, National Chairman, and Matthew Brooks, Chief109 Executive Officer, Republican Jewish Coalition............. 96110 Letter to Chairman Sen. Cruz from Bob Sternfels, Global111 Managing Partner, McKinsey & Company....................... 97112113 Witnesses114115Hon. Dave McCormick, U.S. Senator from Pennsylvania.............. 4116David Fink, Nominee to be Administrator, Federal Railroad117 Administration................................................. 5118 Prepared statement........................................... 7119 Biographical information..................................... 7120David Fogel, Nominee to be Assistant Secretary of Commerce and121 Director General, United States and Foreign Commercial Service. 17122 Prepared statement........................................... 18123 Biographical information..................................... 19124Pierre Gentin, Nominee to be General Counsel, Department of125 Commerce....................................................... 34126 Prepared statement........................................... 35127 Biographical information..................................... 36128Robert Gleason, Nominee to be Director, Amtrak Board of Directors 43129 Prepared statement........................................... 44130 Biographical information..................................... 45131132 Appendix133134Response to written questions submitted to David Fink by:135 Hon. John Thune.............................................. 101136 Hon. Jerry Moran............................................. 101137 Hon. Dan Sullivan............................................ 101138 Hon. Maria Cantwell.......................................... 102139 Hon. Gary Peters............................................. 104140 Hon. Tammy Baldwin........................................... 105141 Hon. Jacky Rosen............................................. 105142 Hon. Ben Ray Lujan........................................... 106143 Hon. Lisa Blunt Rochester.................................... 107144Response to written questions submitted to David Fogel by:145 Hon. Dan Sullivan............................................ 107146 Hon. Maria Cantwell.......................................... 108147 Hon. Gary Peters............................................. 110148 Hon. Ben Ray Lujan........................................... 110149Response to written questions submitted to Pierre Gentin by:150 Hon. Dan Sullivan............................................ 111151 Hon. Maria Cantwell.......................................... 111152 Hon. Amy Klobuchar........................................... 115153 Hon. Gary Peters............................................. 115154 Hon. Tammy Duckworth......................................... 116155 Hon. Ben Ray Lujan........................................... 116156Response to written questions submitted to Robert Gleason by:157 Maria Cantwell............................................... 117158 Hon. Gary Peters............................................. 118159 Hon. Ben Ray Lujan........................................... 118160 Hon. Lisa Blunt Rochester.................................... 118161162 NOMINATION TO THE FEDERAL RAILROAD163 ADMINISTRATION, UNITED STATES AND164 FOREIGN COMMERCIAL SERVICE, AMTRAK165 BOARD OF DIRECTORS, AND THE166 DEPARTMENT OF COMMERCE167168 ----------169170 TUESDAY, MAY 13, 2025171172 U.S. Senate,173 Committee on Commerce, Science, and Transportation,174 Washington, DC.175 The Committee met, pursuant to notice, at 10 a.m., in room176SR-253, Russell Senate Office Building, Hon. Ted Cruz, Chairman177of the Committee, presiding.178 Present: Senators Cruz, Fischer, Moran, Sullivan,179Blackburn, Young, Moreno, Sheehy, Capito, Cantwell, Klobuchar,180Markey, Peters, Baldwin, Duckworth, Lujan, Hickenlooper,181Fetterman, Kim, and Blunt Rochester.182183 OPENING STATEMENT OF HON. TED CRUZ,184 U.S. SENATOR FROM TEXAS185186 Chairman Cruz. Good morning. The Senate Committee on187Commerce, Science, and Transportation will come to order.188 Today, we will hear from four nominees: David Fink for189Administrator of the Federal Railroad Administration; David190Fogel for Assistant Secretary of Commerce and Director General191of the U.S. and Foreign Commercial Service; Pierre Gentin for192General Counsel of the Department of Commerce; and Robert193Gleason for the Amtrak Board of Directors. Congratulations to194each of you on your nomination. I am eager to hear more about195your qualifications for your respective roles.196 Let's start with the Department of Commerce. As General197Counsel, Mr. Gentin will draw on his experiences as an in-house198attorney to provide legal advice to the Secretary and the199Department's various agencies. Mr. Gentin is a former Assistant200U.S. Attorney for the Southern District of New York who has201held legal and management roles at major companies, including202most recently as the Chief Legal Officer at McKinsey & Company.203He has lectured at Yale Law School, Columbia Law School, and204the Wharton School of Business--which as a Harvard grad I will205try not to hold against you--a favorite of the President's,206that would be Wharton, as we all know. Mr. Gentin will provide207strategic legal counsel and support Secretary Lutnick's efforts208to address critical policy challenges, such as reallocating209spectrum, advancing AI, and building the Nation's manufacturing210base.211 David Fogel is well versed in international economic212diplomacy. As Assistant Secretary of Commerce and Director213General of the U.S. and Foreign Commercial Service, he will214strive to increase foreign direct investment in the United215States and remove trade barriers on American exports.216 During the first Trump administration, Mr. Fogel served as217Chief of Staff at the Export-Import Bank and as a Senior218Advisor to the Undersecretary of Economic Growth at the State219Department. If confirmed, he will work to counterbalance the220CCP's expanding footprint in global markets and to encourage221our allies to buy more products and services made in America.222 Now, let me turn to David Fink, the President's nominee for223Administrator of the Federal Railroad Administration. As a224fifth-generation railroader, Mr. Fink knows the ins and outs of225the industry. He led Pan Am Railways when it was the largest226regional railroad in the country and he helped negotiate the227sale of the company to CSX in 2022. Pan Am's employee injury228rate was consistently lower than the Class II railroad industry229average for the decade concluding his tenure as CEO. He is230deeply committed to the FRA's core mission--safety--and he will231ensure it remains top of mind in all regulatory actions.232 Finally, Robert Gleason, who has been nominated to Amtrak's233Board of Directors. Mr. Gleason will draw on his time serving234on transportation commissions in Pennsylvania to enhance the235passenger experience across Amtrak's network. I look forward to236hearing how he will expand Amtrak's rail service to underserved237areas, improve its safety record, and insist on transparency238regarding executive compensation.239 The nominees before us will champion regulatory clarity and240strategic investment in American industries. Our rail nominees,241in particular, will take practical steps to improve the242reliability, efficiency, and safety of moving people and goods243across the country. Let's hear more about how they will help244build a stronger, and more prosperous America.245 And with that I will turn to Senator Peters for his opening246remarks.247248 STATEMENT OF HON. GARY PETERS,249 U.S. SENATOR FROM MICHIGAN250251 Senator Peters. Well, thank you, Mr. Chairman, and welcome252to our four nominees here today, and I certainly also want to253welcome your families and friends who are here to support you254through this process.255 Our first nominee this morning is David Fink, to be the256Administrator of the Federal Railroad Administration.257 Americans rely on the U.S. rail network to safely move more258than roughly 28 million passengers and 1.6 billion tons of259goods each and every year. But when things don't go well,260entire communities suffer. We saw this in East Palestine in2612023. Yesterday was also the 10-year anniversary of the deadly262Amtrak 188 derailment in Philadelphia, an accident that263actually is very personal for me, as it was the day that we264lost Rachel Jacobs, a family friend of mine with deep roots in265the Detroit area.266 Rail safety is certainly not something to take lightly. Mr.267Fink, it will be up to you to ensure the safety of passengers268and community members throughout our rail system. That is why I269have concerns about your safety record running Pan Am Railways270from 2006 to 2022, which under your leadership had higher than271average main line track derailment rates and a series of272documented safety issues.273 We need leadership at FRA that will put safety and274accountability first, and I hope to hear how you plan to275address that here today.276 We are also considering Robert Gleason to serve as Director277of Amtrak's Board.278 In my home state of Michigan, we are working to improve and279expand rail service to our three lines--the Wolverine, the Blue280Water, and the Pere Marquette--and looking to bring back Amtrak281service to the historic Michigan Central Station in downtown282Detroit, as well as cross-border service to Canada.283 That is something we cannot do without the cooperation of284both of our rail nominees. Mr. Fink and Mr. Gleason, I hope you285will agree with me today that infrastructure investments are286not optional for Amtrak's future. They are going to be287absolutely essential going forward.288 Our next nominee is Pierre Gentin, nominated to be General289Counsel of the Commerce Department.290 The General Counsel is responsible for providing legal291guidance to the Secretary as well as across the Department.292Since February, Mr. Gentin has been serving as a Senior Advisor293in the Office of the Secretary. Unfortunately, in only a few294months, we have already seen the lasting damage that can happen295when there is not responsible leadership at the helm--from296dismantling NOAA to cutting support for our manufacturers as297well as our entrepreneurs here in the country. Mr. Gentin, I298expect you to answer questions about these disruptive actions299at the Department.300 I will also note my concern here that you have not yet301provided full information specified in the Committee's302questionnaire, which is expected of all of our nominees.303Committee staff also advised me that you abruptly left your304staff interview early. I hope that your testimony here today305shows more regard for this Committee, our constitutional duty306to advise and consent.307 Our final nominee is David Fogel, nominated to be Assistant308Secretary of Commerce and Director General of the United States309and Foreign Commercial Service. If confirmed, you will direct310the Global Markets unit of the International Trade311Administration and be responsible for assisting and advocating312for U.S. businesses in international markets.313 To state it plainly, that will be a difficult task given314the President's destabilizing tariff agenda. These tariffs will315not only raise prices, but provoke retaliation, making it316harder for American businesses to export their goods and317services and harder to work with our allies to counter Chinese318influence.319 I look forward to your answers on how you plan to keep320these departments focused amidst the chaos created by President321Trump.322 Thank you, Mr. Chairman.323 Chairman Cruz. Thank you, Senator Peters. And I will note324for the record that as Chairman I have endeavored to give the325minority full opportunity to vet nominees, to consider their326qualifications, to consider their background. I will point out327that the minority has had significant time to review the328nominees before us today. The nominees' committee329questionnaires have been submitted for weeks, two of them since330late March.331 Mr. Gentin's committee questionnaire has been submitted332since March 24. On May 2, the minority e-mailed Mr. Gentin's333team and asked him to clarify a few items. He met with the334minority for more than an hour and a half last Thursday. He335submitted an addendum, and he will be producing anything336outstanding by the end of the week.337 Yesterday, Ranking Member Cantwell had the opportunity to338review FBI background investigation reports for all of the339nominees before us today, including Mr. Gentin. Unfortunately,340she had to cancel due to a scheduling issue.341 My team and I remain committed to a bipartisan, careful,342and thorough vetting process. That is what we are doing here343today. Ranking Member Cantwell, like all members of this344Committee, will have ample opportunity to question the nominees345as well as to submit questions for the record. And I am happy346to continue working with her and her team throughout this347process, and so, I trust, are the nominees.348 With that I want to recognize our friend and colleague,349Senator McCormick, from the commonwealth of Pennsylvania, to350introduce Mr. Gleason.351 Senator McCormick, welcome to the Commerce Committee.352353 STATEMENT OF HON. DAVE McCORMICK,354 U.S. SENATOR FROM PENNSYLVANIA355356 Senator McCormick. Thank you. Thank you, Chairman Cruz,357Ranking Member Cantwell, and my Senate colleagues on the358Committee. Thank you for having me this morning. I am really359honored to be here to introduce a fine Pennsylvanian and a good360friend, Rob Gleason, for his nomination to be a member of361Amtrak's Board of Directors.362 Rob is a proud son on Johnstown and Cambria County, where363his family has lived for generations. After graduating from the364University of Pennsylvania, Rob went to Air Force Officer365Training School and served in active duty from 1962 to 1965,366eventually retiring from the Air Force Reserves as a captain.367 He is a highly successful businessman who took over his368family's storied Johnstown-based insurance business in 1970,369and continues to serve as President of the organization.370 He is also an experienced public servant who has served the371commonwealth of Pennsylvania under Governors of both parties.372Under Dick Thornburgh, Rob served as Secretary of the373Commonwealth, where he worked with and got to know my dad,374placing him in charge of the Pennsylvania Department of State.375And Governor Bob Casey appointed Rob to the Pennsylvania376Turnpike Commission, which oversees one of the commonwealth's377most important highways.378 Because of his service there and on the State379Transportation Commission, Rob Gleason will bring to Amtrak380significant experience in overseeing major transportation381networks, and being from Johnstown, Rob knows firsthand, and382better than anyone, the importance of rail service to rural383communities, and will be a strong and independent voice on the384board.385 As an Air Force veteran and community leader, Rob embodies386the mantra taught to us at West Point, ``Duty, honor, country''387and is exactly the type of public servant we should be calling388upon to serve.389 I am honored to be here with you today, Rob. Thank you for390allowing me the opportunity to introduce him this morning, and391I urge all the members of this Committee to support the392nomination of this great Pennsylvanian and this great American.393Thank you.394 Chairman Cruz. Thank you, Senator McCormick. And for the395record I will note that we have seen a miracle, a West Point396graduate praising an airman on the record. I suppose it could397be worse. You could be praising a sailor, and that might be a398bridge too far. And I assume Senator Sullivan is going to ask399your views on the Marines any minute now.400 Senator McCormick. We have been friends for a long time. He401is an honorary member of the Army.402 [Laughter.]403 Chairman Cruz. Well, you are welcome to stay, but I know404you have a busy schedule so thank you for being here.405 And we will now turn to opening statements, and I recognize406Mr. Fink for his opening statement.407408 STATEMENT OF DAVID FINK, NOMINEE TO BE ADMINISTRATOR,409 FEDERAL RAILROAD ADMINISTRATION410411 Mr. Fink. Chairman Cruz, Ranking Member Cantwell, or412Peters, members of the Committee, thank you for the opportunity413to be here today. Being President Trump's nominee for Federal414Railroad Administrator is the honor of a lifetime. I am415grateful to President Trump for placing his trust in me, and I416am deeply thankful to Secretary Duffy for his confidence in my417abilities to lead the FRA.418 I am joined today by my wife, Linda, and my son, Andrew. My419daughter, Hillary, is 8 months pregnant with our first420grandchild and is unable to travel. My wife and family have421been very supportive of my career, and I am forever thankful422for that support.423 As I sit here today before the Senate Commerce, Science,424and Transportation Committee, I think back to my first trip to425Washington in 1966. I was five years old. My grandfather, Andy426Fink, and I hopped on a Pennsylvania Railroad clocker from 30th427station. We spent the day touring the city.428 The thing I most remember is my visit to the Smithsonian429American History Museum. In that museum is a very large, green430Southern Railway steam locomotive. I still love to visit that431spot and look at that locomotive. Little did I know at that432time I would be a fifth-generation railroader, and nominee to433lead the Federal Railroad Administration.434 I got my start in the railroad industry as a 15-year-old435summer track worker for Conrail in 1976. I had two co-op jobs436with the Boston and Maine Railroad while at Northeastern437University. After graduate school at Penn State, I worked for438General Motors and was able to see the transportation user side439of the railroad business. I have also worked in the railway440supply business, running a railroad cross-tie manufacturing441company. In 1998, I joined Guilford Rail System as Executive442Vice President, and in 2006, I became President of Pan Am443Railways, the Nation's largest regional railroad.444 Our freight railroad system is the envy of the world. It445moves what the Nation needs for energy. It moves what the446population eats. It moves the parts to the automobile assembly447lines, and it takes the finished vehicle to a final448distribution location. It moves the containers from our ports.449More importantly, it does this safely. Over the course of FRA's450existence, freight rail's safety record has been on a positive451trajectory for both train accidents and employee casualties. If452confirmed, FRA will be dedicated to continuing that safety453trend under my leadership.454 The nation's rail network also moves millions of people455across our great country. Amtrak, the national passenger rail456system, provides intercity passenger rail service throughout457and across the country, while a host of commuter rail systems458provide more local service. It is critical the agency focus on459its primary mission, which is one of safety first. We also need460to refresh government regulations, innovating where possible461and removing burdensome and outdated roadblocks.462 The railroad industry in the United States has been463developing state-of-the-art technology to make a safe system464even safer. Much of this technology is ready to be deployed and465I look forward to ensuring FRA is a partner in advancing safety466innovations and not a hinderance. If confirmed, one of my first467jobs will be to get this safety technology out in the field,468working to make the rail system even safer.469 Another way I want to ensure FRA is focused on safety and470efficiency is through its grant programs, which have grown471significantly over the last 4 years. I know firsthand how the472Consolidated Rail Infrastructure and Safety Improvements,473CRISI, program can support critical rail safety projects. I can474also imagine there is room for improvement in the way FRA475selects and delivers taxpayer-funded projects.476 I look forward to working with the many dedicated477professionals at the FRA. They have an extremely important job478regulating the safe operation of our Nation's railroads. I also479look forward to working with the employees of the railroads,480both management and labor.481 If I am fortunate to be confirmed as Administrator of the482Federal Railroad Administration, I will devote myself to483helping the Secretary promote safe and efficient freight and484passenger transportation.485 Thank you, Mr. Chairman. This concludes my statement, and I486would be happy to answer the Committee's questions.487 [The prepared statement and biographical information of Mr.488Fink follow:]489490 Prepared Statement of David Armstrong Fink, Nominee to be491 Administrator, Federal Railroad Administration492 Chairman Cruz, Ranking Member Cantwell, Members of the Committee--493494 Thank you for the opportunity to be here today. Being President495Trump's nominee for Federal Railroad Administrator is the honor of a496lifetime.497 I am grateful to President Trump for placing his trust in me, and I498am deeply thankful to Secretary Duffy for his confidence in my ability499to lead the FRA.500 I am joined today by my wife Linda and my son Andrew. My daughter501Hillary is eight months pregnant with our first grandchild and is502unable to travel. My wife and family have been very supportive during503my career, and I am forever thankful for that support.504 As I sit here today before the Senate Commerce, Science, &505Transportation Committee, I think back to my first trip to Washington506in 1966, I was five years old. My grandfather Andy Fink and I hopped on507a Pennsylvania Railroad clocker from 30th station, we spent the day508touring the city. The thing I most remember is my visit to the509Smithsonian American History Museum. In that museum is a very large510green Southern Railway steam locomotive. I still love to visit that511spot and look at that locomotive. Little did I know at that time, I512would be a fifth-generation railroader, and nominee to lead the Federal513Railroad Administration.514 I got my start in the railroad industry as a 15-year-old summer515track worker for Conrail in 1976. I had two co-op jobs with the Boston516and Maine Railroad while at Northeastern University. After graduate517school at Penn State, I worked for General Motors and was able to see518the transportation user side of the railroad business. I have also519worked in the railway supply business running a railroad crosstie520manufacturing company. In 1998, I joined Guilford Rail System as521Executive Vice President, and in 2006 I became President of Pan Am522Railways, the Nation's largest regional railroad.523 Our freight railroad system is the envy of the world. It moves what524the Nation needs for energy. It moves what the population eats. It525moves the parts to the automobile assembly line and it takes the526finished vehicle to a final distribution location. It moves the527containers from our ports. More importantly, it does this safely. Over528the course of FRA's existence, freight rail's safety record has been on529a positive trajectory for both train accidents and employee casualties.530If confirmed, FRA will be dedicated to continuing that safety trend531under my leadership.532 The nation's rail network also moves millions of people across our533great country. Amtrak, the national passenger rail system, provides534intercity passenger rail service throughout and across the country,535while a host of commuter rail systems provide more local service.536 It is critical the agency focus on its primary mission, which is537one of safety first. We also need to refresh government regulations,538innovating where possible and removing burdensome and outdated539roadblocks.540 The railroad industry in the United States has been developing541state-of-the-art technology to make a safe system even safer. Much of542this technology is ready to be deployed and I look forward to ensuring543FRA is a partner in advancing safety innovations and not a hinderance.544If confirmed, one of my first jobs will be to get this safety545technology out in the field, working to make the rail system even546safer.547 Another way I want to ensure FRA is focused on safety and548efficiency is through its grant programs, which have grown549significantly over the last four years. I know firsthand how the550Consolidated Rail Infrastructure and Safety Improvements (CRISI)551program can support critical rail safety projects. I can also imagine552there is room for improvement in the way FRA selects and delivers553taxpayer funded projects.554 I look forward to working with the many dedicated professionals at555the FRA. They have an extremely important job regulating the safe556operation of our Nation's railroads. I also look forward to working557with the employees of the railroads, both management and labor.558 If I am fortunate to be confirmed as Administrator of the Federal559Railroad Administration, I will devote myself to helping the Secretary560promote safe and efficient freight and passenger transportation.561 Thank you, Mr. Chairman. That concludes my statement, and I would562be happy to answer the Committee's questions.563 ______564565 a. biographical information566 1. Name (Include any former names or nicknames used): David567Annstrong Fink.568 2. Position to which nominated: Administrator, Federal Railroad569Administration.570 3. Date of Nomination: January 20, 2025.571 4. Address (List current place of residence and office addresses):572573 Residence: Information not released to the public.574 Office: Information not provided.575576 5. Date and Place of Birth: September 10, 1960; Harrisburg, PA.577 6. Provide the name, position, and place of employment for your578spouse (if married) or domestic partner, and the names and ages of your579children (including stepchildren and children by a previous marriage).580581 Linda Lucas Fink, Retired582 Hillary Elizabeth Fink, 35 Andrew Lucas Fink, 32583584 7. List all college and graduate schools attended, whether or not585you were granted a degree by the institution. Provide the name of the586institution, the dates attended, the degree received, and the date of587the degree.588589 The Pennsylvania State University590 Attended 1983 to 1984591 MS, Business Logistics592 Degree received: 1985593594 Northeastern University595 Attended 1978 to 1983596 BS in Transportation and Physical Distribution Transportation597 Degree received: 1983598599 8. List all post-undergraduate employment, including the job title,600name of employer, and inclusive dates of employment, and highlight all601management-level jobs held and any non-managerial jobs that relate to602the position for which you are nominated.603604 Transportation Specialist, General Motors Corporation 1985-605 1986; Non-managerial606607 Just-In-Time Coordinator, General Motors Corporation 1987; Non-608 managerial609610 Group Leader, General Motors Corporation 1987-1988; Managerial611612 President, Perma Treat Corporation 1988-2022; Managerial613614 Executive Vice President, Pan Am Railways 1998-2006; Managerial615616 President, Pan Am Railways 2006-2011; Managerial617618 President, Pan AM Systems 2011-2022; Managerial619620 Part-Time Lecturer, Northeastern University 2020-2024; Non-621 managerial622623 President, Pan Am Group LLC 2022 to present; Managerial624625 9. Attach a copy of your resume.626 Attached.627 10. List any advisory, consultative, honorary, or other part-time628service or positions with Federal, State, or local governments, other629than those listed above after 18 years of age.630631 Member, New Hampshire Department of Transportation Search632 Committee (former)633634 Member, Connecticut Public Transportation Commission (former)635636 Member, Wall Street Citizen's Advisory Committee, Madison CT637 (former)638639 Member, Middletown, CT School Superintendent Search Committee640 (former)641642 11. List all positions held as an officer, director, trustee,643partner, proprietor, agent, representative, or consultant of any644corporation, company, firm, partnership, or other business, enterprise,645educational, or other institution.646647 Pan Am Group, LLC. Officer and Director Pan Am Railways,648 Officer (former)649650 Association Of American Railroads, Director (former)651652 TTX Corporation, Director (former)653654 Perma Treat Corp. Officer and Director655656 Alecia C. Fink 1995 Trust, Trustee657658 Middlesex County Chamber of Commerce, Officer and Director659 (former)660 Northeastern University, Board of Visitors, Member661662 12. List all memberships you have had after 18 years of age or663currently hold with any civic, social, charitable, educational,664political, professional, fraternal, benevolent or religiously665affiliated organization, private club, or other membership organization666(You do not have to list your religious affiliation or membership in a667religious house of worship or institution). Include dates of membership668and any positions you have held with any organization. Please note669whether any such club or organization restricts membership on the basis670of sex, race, color, religion, national origin, age, or disability.671672 Member, Wentworth by The Sea Country Club, 2018 to present673674 Member, Treviso Bay Golf Club, 2024 to present675676 Member, Sky Meadow Country Club, 2016-2018677678 13. Have you ever been a candidate for and/or held a public office679(elected, non-elected, or appointed)? If so, indicate whether any680campaign has any outstanding debt, the amount, and whether you are681personally liable for that debt.682 N/A.683 14. List all memberships and offices held with and services684rendered to, whether compensated or not, any political party or685election committee within the past ten years. If you have held a paid686position or served in a formal or official advisory position (whether687compensated or not) in a political campaign within the past ten years,688identify the particulars of the campaign, including the candidate, year689of the campaign, and your title and responsibilities.690 N/A.691 15. Itemize all political contributions to any individual, campaign692organization, political party, political action committee, or similar693entity of $200 or more for the past ten years.694695 9/21/22--Chris Sununu--$1000696697 12/22/21--Responsibility & Freedom Work PAC--$900698699 10/26/21--Jerry Moran--$931700701 6/17/21--Mitch McConnell--$1000702703 9/21/20--James McGovern--$916704705 3/5/20--Mike Crapo--$810706707 1/6/20--American Short line & Regional Railroad Assn--$250708709 9/30/19--Peter DeFazio--$400710711 3/29/19--Earl Blumenauer--$400712713 3/7/19--Responsibility & Freedom Work PAC--$400714715 3/1/19--Mitch McConnell--$1000716717 2/19/19--Responsibility & Freedom Work PAC--$630718719 10/17/18--Erik Paulsen--$220720721 6/19/18--Jeff Denham--$330722723 4/25/18--Earl Blumenauer--$330724725 3/20/18--Ron Wyden--$500726727 9/20/17--Debbie Stabenow--$830728729 9/15/17--Rodney Davis--$330730731 8/29/17--Mike Kelly--$660732733 7/17/17--Kevin Yoder--$660734735 5/7/17--Chris Sununu--$1500736737 5/5/17--American Short Line & Regional Railroad Assn--$250738739 16. List all scholarships, fellowships, honorary degrees, honorary740society memberships, military medals, and any other special recognition741for outstanding service or achievements.742743 Transportation Person of the Year 2021, Northeast Association744 of Rail Shippers745746 17. List all books, articles, columns, letters to the editor,747Internet blog postings, or other publications you have authored,748individually or with others. Include a link to each publication when749possible. If a link is not available, provide a digital copy of the750publication when available.751752 Union Leader (New Hampshire)753 February 8, 2013754 Another View--David Fink: When discussing passenger rail, do755 not forget the costs756 Link: https://www.unionleader.com/opinion/columnists/another-757 view-david-fink-when-discussing-passenger-rail-do-not-forget-758 the-costs/articlebf5fd6da-1cfb-560f-abf4-047ed7ebcf59.html759760 18. List all speeches, panel discussions, and presentations (e.g.,761PowerPoint) that you have given on topics relevant to the position for762which you have been nominated. Include a link to each publication when763possible. If a link is not available, provide a digital copy of the764speech or presentation when available.765766 1. ADM767768 2. FHWA 2017769770 3. Freight Academy April 2019771772 4. Maine Rail Group773774 5. N.E. Railroad Club775776 6. NEARS 2016777778 7. Northeastern 2018779780 8. Northeastern 2018781782 9. N.S. Plastics783784 10. NU Transportation Industries785786 11. Pan Am Basics787788 12. Pan Am EMDC789790 13. Portland Oil791792 14. Project 747 Presentation793794 15. Rail Market Presentation795796 16. Shortline Symposium797798 17. TAPPI799800 18. Working on the Railroad801802 19. List all public statements you have made during the past ten803years, including statements in news articles and radio and podcasts and804television appearances, which are on topics relevant to the position805for which you have been nominated, including dates. Include a link to806each statement when possible. If a link is not available, provide a807digital copy of the statement when available.808809 --``Fire Side Chat'' with Railway Age on March 31, 2022. I do810 not have a video of the event.811812 --Transportation Infrastructure Durability Center (TIDC) at813 University of Maine814 February 16th, 2023815816 Keynote: A 40 Year Retrospective of Railroading in New England817818 Link: https://www.youtube.com/watch?v=G1-7Jk0SZEc819820 20. List all digital platforms (including social media and other821digital content sites) on which you currently or have formerly operated822an account, regardless of whether or not the account was held in your823name or an alias. Include the full name of an ``alias'' or ``handle'',824including the complete URL and username with hyperlinks, you have used825on each of the named platforms. Indicate whether the account is active,826deleted, or dormant. Include a link to each account if possible.827 N/A.828 21. Please identify each instance in which you have testified829orally or in writing before Congress in a governmental or non-830governmental capacity and specify the date, committee, and subject831matter of each testimony.832 N/A.833 22. Given the current mission, major programs, and major834operational objectives of the department/agency/commission/corporation835to which you have been nominated, what in your background or employment836experience do you believe affirmatively qualifies you for appointment837to the position for which you have been nominated, and why do you wish838to serve in that position?839 As a fifth-generation railroader who started his career at the age840of 15 as a summer worker on the track gang, I have seen railroading841from the ground level to the C-suite. I have seen a massive change in842the industry from the 1970s when a train crew had five workers and a843caboose. To today, where the train crew has two members and a computer844on the rear of the train replacing the caboose. I have witnessed845railroads struggling, operating in bankruptcy, in the 1970s compared to846today in which they're highly productive and profitable. Over the same847period of time the industry has made a dramatic improvement on safety.848Much of this improvement can be attributed to advancement and849investment in technology. To not only survive as an industry, but to850thrive, the railroad industry has transformed itself over the past851half-century.852 My managerial experience running the largest regional railroad in853the United States has positioned me to be an effective leader in854bringing necessary change to Federal Railroad Administration (FRA). As855the FRA states, the mission is to ``enable the safe, reliable, and856efficient movement of people and goods for a strong America, now and in857the future.'' In recent years, the FRA's has experienced mission creep,858expanding from safety to greater grant analysis and awarding. FRA859programs have grown in size, in particular the management of Amtrak860grants. Further, while the industry has had a massive improvement in861safety since the Staggers Act passed in 1980, recently the statistics862have flattened and safety has not improved.863 My industry background and experience give me a unique opportunity864to come into the agency ready on day one to improve safety using new865technology. My background in managing railroad grants on time and866budget gives me the ability to review existing and future grants to867ensure they are in the best interest of the Nation's railroad network.868 23. What do you believe are your responsibilities, if confirmed, to869ensure that the department/agency/commission/corporation has proper870management and accounting controls, and what experience do you have in871managing a large organization?872 From 2011 to 2022, I led the Nation's largest regional railroad,873overseeing nearly 1,000 employees and managing approximately 1,500874miles of track across the Northeast United States. During this time, I875was responsible for administering hundreds of millions of dollars in876government grants, consistently delivering projects on time and within877budget. This experience has reinforced my commitment to fiscal878responsibility, accountability, and efficient project execution.879 If confirmed as administrator, I will be responsible for ensuring880that taxpayer dollars are managed effectively and in strict accordance881with established guidelines. I recognize that the Federal Railroad882Administration (FRA) has significantly expanded its role in grant883administration in recent years--an area that was not originally part of884its core mission. I will prioritize the proper oversight, execution,885and rigorous auditing of these grants to ensure they serve the public886interest. Transparency, accountability, and operational efficiency will887be key focuses of my leadership, and I will make them an immediate888priority upon taking office.889 24. What do you believe to be the top three challenges facing the890department/agency/commission/corporation, and why?891892 1. Following the passage of the Staggers Act, the railroad industry893 consistently improved safety year over year, both in employee894 casualty rates and train accidents. However, in recent years,895 this progress has plateaued. One key reason, in my view, is the896 FRA's reluctance to allow the testing and implementation of new897 safety technologies. Advancing and adopting these innovations898 will be essential to renewing safety improvements.899900 2. In recent years, the FRA has taken on a significantly larger role901 as a grant administrator--an area that was not historically a902 core part of its mission. This expansion has shifted focus away903 from its primary responsibility: ensuring safety. It is904 critical to rebalance priorities so that safety remains at the905 forefront while effectively managing grant programs.906907 3. The FRA needs a comprehensive regulatory review and modernization908 effort. All regulations should be assessed and updated to align909 with current industry practices and technological advancements.910 Outdated regulations should be eliminated, and new regulations911 should be introduced to support the adoption of emerging912 technologies that enhance safety and efficiency.913 b. potential conflicts of interest914 1. Describe all financial arrangements, deferred compensation915agreements, and other continuing dealings with business associates,916clients, or customers. Please include information related to retirement917accounts, such as a 401(k) or pension plan.918 Upon confirmation, I will resign from my position with Pan Am Group919LLC. I own stock in Pan Am Group LLC, and will continue to do so until920the company is wound down in 2025. I have no other equity interests in921the company. My current Pan Am Group LLC 401k with shift from Pan Am922management to my management.923 I am employed as a part-time lecturer at Northeastern University on924a semester-by-semester basis. My last contract ended in December 2024.925If confirmed, I will not contract to be a lecturer during my Federal926appointment.927 2. Do you have any commitments or agreements, formal or informal,928to maintain employment, affiliation, or practice with any business,929association, or other organization during your appointment? If so,930please explain.931 I have no commitments or agreements.932 3. Indicate any investments, obligations, liabilities, or other933relationships which could involve potential conflicts of interest in934the position to which you have been nominated. Explain how you will935resolve each potential conflict of interest.936 In connection with the nomination process, I have consulted with937the Office of Government Ethics and the Department of Transportation938(DOT) Designated Agency Ethics Official to identify potential conflicts939of interest. Any potential conflicts of interest will be resolved940consistent with the terms of the ethics agreement I have entered into941with the DOT Designated Agency Ethics Official, which will be provided942to this Committee.943 4. Describe any business relationship, dealing, or financial944transaction which you have had during the last ten years, whether for945yourself, on behalf of a client, or acting as an agent, that could in946any way constitute or result in a possible conflict of interest in the947position to which you have been nominated. Explain how you will resolve948each potential conflict of interest.949 I have investments in several railroad stocks as well as business950relationships with industry.951 In connection with the nomination process, I have consulted with952the Office of Government Ethics and the Department of Transportation953(DOT) Designated Agency Ethics Official to identify potential conflicts954of interest. Any potential conflicts of interest will be resolved955consistent with the terms of the ethics agreement I have entered into956with the DOT Designated Agency Ethics Official, which will be provided957to this Committee.958 5. Identify any other potential conflicts of interest and explain959how you will resolve each potential conflict of interest.960 In connection with the nomination process, I have consulted with961the Office of Government Ethics and the Department of Transportation962(DOT) Designated Agency Ethics Official to identify potential conflicts963of interest. Any potential conflicts of interest will be resolved964consistent with the terms of the ethics agreement I have entered into965with the DOT Designated Agency Ethics Official, which will be provided966to this Committee.967 6. Describe any activity during the past ten years, including the968names of clients represented, in which you have been engaged for the969purpose of directly or indirectly influencing the passage, defeat, or970modification of any legislation or affecting the administration and971execution of law or public policy.972 As President of Pan Am Railways the organization was a member of973the Association of American Railroads (AAR) and the American Short Line974and Regional Railroad Association (ASLRRA).975 c. legal matters976 1. Have you ever been disciplined or cited for a breach of ethics,977professional misconduct, or retaliation by, or been the subject of a978complaint to, any court, administrative agency, the Office of Special979Counsel, an Inspector General, professional association, disciplinary980committee, or other professional group? If yes:981982 a. Provide the name of the court, agency, association, committee, or983 group;984985 b. Provide the date the citation, disciplinary action, complaint, or986 personnel action was issued or initiated;987988 c. Describe the citation, disciplinary action, complaint, or989 personnel action;990991 d. Provide the results of the citation, disciplinary action,992 complaint, or personnel action.993994 No995 2. Have you ever been investigated, arrested, charged, or held by996any Federal, State, or other law enforcement authority of any Federal,997State, county, municipal, or foreign government entity, other than for998a minor traffic offense? If so, please explain. No.999 3. Have you or any business or nonprofit of which you are or were1000an officer ever been involved as a party in an administrative agency1001proceeding, criminal proceeding, or civil litigation? If so, please1002explain.1003 Yes, in 2006 I was Executive Vice President of Pan Am Railways when1004it had a locomotive leak fuel in Ayer, MA. The company was found guilty1005of not reporting the leak promptly. The top four officers were placed1006on probation.1007 4. Have you ever been convicted (including pleas of guilty or nolo1008contendere) of any criminal violation other than a minor traffic1009offense? If so, please explain.1010 Yes, in 2006 I was Executive Vice President of Pan Am Railways when1011it had a locomotive leak fuel in Ayer, MA. The company was found guilty1012of not reporting the leak promptly. The top four officers were placed1013on probation.1014 5. Have you ever been accused, formally or informally, of sexual1015assault, sexual harassment, or discrimination on the basis of sex,1016race, religion, or any other basis? If so, please explain. No.1017 6. Please advise the Committee of any additional information,1018favorable or unfavorable, which you feel should be disclosed in1019connection with your nomination. No.1020 d. relationship with committee1021 1. Will you ensure that your department/agency/commission/1022corporation complies with deadlines for information set by1023congressional committees, and that your department/agency/commission/1024corporation endeavors to timely comply with requests for information1025from individual Members of Congress, including requests from members in1026the minority? Yes.1027 2. Will you ensure that your department/agency/commission/1028corporation does whatever it can to protect congressional witnesses and1029whistleblowers from reprisal for their testimony and disclosures? Yes.1030 3. Will you cooperate in providing the Committee with requested1031witnesses, including technical experts and career employees, with1032firsthand knowledge of matters of interest to the Committee? Yes.1033 4. Are you willing to appear and testify before any duly1034constituted committee of the Congress on such occasions as you may be1035reasonably requested to do so? Yes.1036 ______10371038 Resume of David Armstrong Fink10391040[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]10411042 Chairman Cruz. Thank you, Mr. Fink. I now recognize Mr.1043Fogel for his opening statement.10441045STATEMENT OF DAVID FOGEL, NOMINEE TO BE ASSISTANT SECRETARY OF1046 COMMERCE AND DIRECTOR GENERAL, UNITED STATES AND FOREIGN1047 COMMERCIAL SERVICE10481049 Mr. Fogel. Thank you. Chairman Cruz, Senator Peters, and1050members of the Committee, thank you for the opportunity to1051appear before you today for what is my second Senate1052confirmation hearing for the position of Assistant Secretary of1053Commerce for Global Markets and Director General of the U.S.1054and Foreign Commercial Service. I am honored to be nominated by1055President Donald J. Trump for this position, and I also want to1056thank Secretary Lutnick for his support of my nomination. I1057also want to thank the Committee for the opportunity to meet1058with many of you and your staff leading up to this hearing.1059 Unfortunately, my family is not able to be with me today,1060given that my three daughters have exams this week back in1061Connecticut, and they already missed 2 days of high school to1062attend my first confirmation hearing. I do, however, want to1063thank my sister, Linda, for attending and joining us today.1064 The Global Markets Division of the Department of Commerce1065plays a key role in implementing the priorities of President1066Trump and supporting the Administration's goals of1067strengthening the American economy, supporting and creating1068American jobs, and boosting our economic and national security.1069The Global Markets team works with foreign governments to1070ensure fair access for U.S. companies, promotes the export of1071goods and services for U.S. companies of all sizes, and1072facilitates foreign direct investment into the United States.1073In many respects, my private and public sector experience, as1074well as my educational background, have prepared me well for1075this important responsibility.1076 From a young age, my father instilled in me a strong sense1077of public service. His encouragement led me to attend the1078Georgetown School of Foreign Service. I stayed at Georgetown1079for four more years to earn my JD and MBA degrees. While in1080school, I interned for all three branches of the Federal1081Government--in the White House, on Capitol Hill for two U.S.1082Senators, and for a Federal judge--as well as for former U.N.1083Ambassador, Jeane Kirkpatrick.1084 My professional career began at Sullivan & Cromwell in New1085York City as a corporate attorney focused on domestic and1086international transactions. From there I went on to build three1087companies in three innovative sectors, continuing to negotiate1088cross-border transactions and manage large teams.1089 I also had the privilege of serving in President Trump's1090first administration. Initially, I was the Chief of Staff at1091the Export-Import Bank, where I helped oversee a team of1092professionals who executed billions of dollars of transactions1093for small, medium, and large U.S. companies. I also helped1094establish the bank's new financing program to compete with1095China, which the U.S. Congress had just wisely mandated.1096Subsequently, I moved over to the State Department where I1097served as Senior Advisor and Chief Business Development Officer1098under Keith Krach, the Under Secretary for Economic Growth.1099There, I continued my work helping U.S. companies compete with1100China and win deals abroad.1101 I hope to leverage all of my experience to help execute the1102Trump administration's strategy of expanding exports abroad1103while increasing investments here at home. Our great American1104businesses produce the best goods and services in the world.1105They just need a level playing field to compete and succeed in1106the global marketplace. If confirmed, I will work closely with1107the members of this Committee, and with Congress as a whole, to1108ensure that Global Markets Unit of the International Trade1109Administration is as effective and successful as possible.1110 Thank you again for your consideration of my nomination,1111and I look forward to answering your questions.1112 [The prepared statement and biographical information of Mr.1113Fogel follow:]11141115 Prepared Statement of David L. Fogel, Nominee for Assistant Secretary1116 for Global Markets and Director General of the U.S. and Foreign1117 Commercial Service, U.S. Department of Commerce1118 Chairman Cruz, Ranking Member Cantwell, and Members of the1119Committee--thank you for the opportunity to appear before you today for1120what is my second Senate confirmation hearing for the position of1121Assistant Secretary of Commerce for Global Markets and Director General1122of the U.S. and Foreign Commercial Service. I am honored to be1123nominated by President Donald J. Trump for this position, and I also1124want to thank Secretary Lutnick for his support for my nomination. I1125also want to thank the Committee for the opportunity to meet with many1126of you and your staff leading up to this hearing.1127 Unfortunately, my family is not able to be with me today, given1128that my three daughters have exams this week back in Connecticut, and1129they already missed two days of high school to attend my first1130confirmation hearing. I do, however, want to thank my sister Linda for1131attending and joining us today.1132 The Global Markets division of the Department of Commerce plays a1133key role in implementing the priorities of President Trump and1134supporting the Administration's goals of strengthening the American1135economy, supporting and creating American jobs, and boosting our1136economic and national security. The Global Markets team (1) works with1137foreign governments to ensure fair access for U.S. companies, (2)1138promotes the export of goods and services for U.S. companies of all1139sizes, and (3) facilitates foreign direct investment into the United1140States.1141 My private and public sector experience, as well as my educational1142background, have prepared me well for this important responsibility.1143 From a young age, my father instilled in me a strong sense of1144public service. His encouragement led me to attend the Georgetown1145School of Foreign Service. I stayed at Georgetown for four more years1146to earn my JD and MBA degrees. While in school, I interned for all1147three branches of the Federal government--in the White House, on1148Capitol Hill for two U.S. senators, and for a Federal judge--as well as1149for former UN Ambassador, Jeane Kirkpatrick.1150 My professional career began at Sullivan & Cromwell in NYC as a1151corporate attorney focused on domestic and international transactions.1152From there I went on to build three companies in three innovative1153sectors, continuing to negotiate cross-border transactions and manage1154large teams.1155 I had the privilege of serving in President Trump's first1156administration. Initially, I was the Chief of Staff at the Export-1157Import Bank, where I helped oversee a team of professionals who1158executed billions of dollars of transactions for small, medium, and1159large U.S. companies. I also helped establish the Bank's new financing1160program to compete with China, which the U.S. Congress had just wisely1161mandated. Subsequently, I moved over to the State Department where I1162served as Senior Advisor and Chief Business Development Officer under1163Keith Krach, the Under Secretary for Economic Growth. There, I1164continued my work helping U.S. companies compete with China and win1165deals abroad.1166 I hope to leverage all of my experience to help execute the Trump1167Administration's strategy of expanding exports abroad while increasing1168investments here at home. Our great American businesses produce the1169best goods and services in the world--they just need a level playing1170field to compete and succeed in the global marketplace.1171 If confirmed, I will work closely with the members of this1172Committee, and with Congress as a whole, to ensure that Global Markets1173unit of the International Trade Administration is as effective and1174successful as possible.1175 Thank you again for your consideration of my nomination, and I look1176forward to answering your questions.1177 ______11781179 a. biographical information1180 1. Name (Include any former names or nicknames used): David L.1181Fogel.1182 2. Position to which nominated: Assistant Secretary of Commerce1183(Global Markets) & Director General of the U.S. and Foreign Commercial1184Service.1185 3. Date of Nomination: 2/11/2025.1186 4. Address (List current place of residence and office addresses):11871188 Residence: Information not released to the public.1189 Office: Information not provided.11901191 5. Date and Place of Birth: May 28, 1971; Rochester, NY.1192 6. Provide the name, position, and place of employment for your1193spouse (if married) or domestic partner, and the names and ages of your1194children (including stepchildren and children by a previous marriage).11951196 Wife: Meade Y. Fogel Employment: Homemaker (current and past).11971198 7. List all college and graduate schools attended, whether or not1199you were granted a degree by the institution. Provide the name of the1200institution, the dates attended, the degree received, and the date of1201the degree.12021203------------------------------------------------------------------------1204 Dates Degree(s) Date(s) of1205 Institution Attended Received Degree(s)1206------------------------------------------------------------------------1207Georgetown University 1993-1997 JD May 19971208 Law Center1209Georgetown University 1993-1997 MBA May 19971210 McDonough School of1211 Business1212Georgetown University 1990-1993 BSFS N/A May 1993 N/A1213 Walsh School of 1989-19901214 Foreign Service1215Washington University1216 (St. Louis)1217 [transferred after 11218 year]1219------------------------------------------------------------------------12201221 8. List all post-undergraduate employment, including the job title,1222name of employer, and inclusive dates of employment, and highlight all1223management-level jobs held and any non-managerial jobs that relate to1224the position for which you are nominated.12251226------------------------------------------------------------------------1227 Employer Position Dates of Service1228------------------------------------------------------------------------1229North Country CEO Consultant 2/22-Present1230 Colocation Services 11/21-2/221231 Corp. (NCCS) [sold to1232 NYDIG LLC 8/2024]1233Georgetown University Adjunct Professor 2018-Present1234 Law Center1235Bitwise Funds Trust Trustee 9/2022-Present1236U.S. Department of Assistant Secretary for 11/20 Nomination1237 State Economic and Business1238 Affairs (Nominee Only)1239 Senior Advisor to the 9/20-1/211240 Under Secretary of State1241 for Economic Growth1242Export-Import Bank of Chief of Staff 6/19-9/201243 the United States1244New York Life Managing Director and 4/15-12/181245 Advisor1246IndexIQ LLC [sold to President and COO 6/06-12/181247 New York Life 4/2015]1248Groton Partners LLC Vice President 1/05-6/061249Circle Peak Capital LLC Co-Founder and Principal 1/03-1/051250Updata Partners Consultant 20021251TheStreet.com, Inc. Vice President 1/01-20021252SmartPortfolio.com, Co-Founder and Vice 5/99-12/001253 Inc. [sold to President1254 TheStreet.com 12/2020]1255Sullivan & Cromwell LLP Associate 9/97-4/991256------------------------------------------------------------------------12571258 9. Attach a copy of your resume.1259 See attachment.1260 10. List any advisory, consultative, honorary, or other part-time1261service or positions with Federal, State, or local governments, other1262than those listed above after 18 years of age.12631264------------------------------------------------------------------------1265 Government Entity Position Dates of Service1266------------------------------------------------------------------------1267U.S. Department of Assistant Secretary for 11/20 Nomination1268 State Economic and Business1269 Affairs (Nominee Only)1270 Senior Advisor to the 9/20-1/211271 Under Secretary of State1272 for Economic Growth1273Export-Import Bank of Chief of Staff 6/19-9/201274 the United States1275Town of Fairfield, CT District Representative 11/18-6/191276 Representative Town [interim appointment to1277 Meeting (RTM) [local fill vacancy of departing1278 government/comparable member; did not run for1279 to a town council] office]1280Sen. Fred Thompson (TN) Intern Summer 19971281U.S. District Judge Intern Summer 19941282 Michael Telesca (WD-1283 NY)1284U.S. Ambassador to the Intern Summer 19931285 United Nations, Jeane1286 Kirkpatrick1287White House Intern Summer 19921288Sen. Alphonse D'Amato Intern Summer 19911289 (NY)1290------------------------------------------------------------------------12911292 11. List all positions held as an officer, director, trustee,1293partner, proprietor, agent, representative, or consultant of any1294corporation, company, firm, partnership, or other business, enterprise,1295educational, or other institution.1296 See responses to Questions 8 and 12, which include all information1297requested--no other positions.1298 12. List all memberships you have had after 18 years of age or1299currently hold with any civic, social, charitable, educational,1300political, professional, fraternal, benevolent or religiously1301affiliated organization, private club, or other membership organization1302(You do not have to list your religious affiliation or membership in a1303religious house of worship or institution). Include dates of membership1304and any positions you have held with any organization. Please note1305whether any such club or organization restricts membership on the basis1306of sex, race, color, religion, national origin, age, or disability.1307 See below. None of the clubs or organizations restrict membership1308in these ways.13091310------------------------------------------------------------------------1311 Organization Office Held (if any) Dates of Membership1312------------------------------------------------------------------------1313Educational1314Georgetown University Adjunct Professor 2018-20241315 Law Center,1316 Washington, D.C.1317Georgetown University Board of Advisors 2022-Present1318 McCourt School of1319 Public Policy,1320 Washington, D.C.1321Georgetown University Board of Advisors 2015-20191322 McDonough School of1323 Business, Washington,1324 D.C.1325Georgetown University Entrepreneur-in- 2018-20191326 McDonough School of Residence1327 Business, Washington,1328 D.C.1329Georgetown University Member, Board of 2004-20191330 Wall Street Alliance, Advisors1331 New York, New York1332Civic1333Global Tech Security Commissioner 2022-20241334 Commission (Development Finance)1335Atlantic Council Nonresident Senior 2022-20241336 Fellow1337 Member--Gray Zone Task 2022-20231338 Force1339Krach Institute for Member--Advisory 2022-Present1340 Tech Council1341Diplomacy Freedom House Member, Board of 2016-2019, 2022-1342 Trustees Present1343Citizens Union of the Member, Board of 2002-20081344 City of New York Trustees1345Landmarks Conservancy Member, Board of 2007-20101346 of New York City Directors1347Charitable1348Horizons of Sacred Board of Directors 2021-Present1349 Heart University1350Professional1351New York State Bar Member 2008-Present1352 Association13532American Bar Member 2008-Present1354 Association1355Other1356National Rifle Member 2008-Present1357 Association1358Federalist Society Member 2019-Present1359Republican Jewish Member 2009-Present1360 Coalition1361Social Club Memberships1362Country Club of 2020-Present1363 Fairfield (Fairfield,1364 CT)1365Eastward Ho! Golf Club 2017-Present1366 (Chatham, MA)1367Cape Cod National Golf 2011-Present1368 Club (Brewster, MA)1369Gulf Stream Golf Club 2021-Present1370 (Gulf Stream, FL)1371Idle Hour Country Club 2005-Present1372 (Lexington, KY)1373Ten Mile River Preserve 2015-Present1374 (Dover Plains, NY)1375The University Club of 2005-Present1376 NY (New York, NY)1377The Links Club (New 2009-Present1378 York, NY)1379Ned's Club (New York, 2024-Present1380 NY)1381The Metropolitan Club 2022-Present1382 (Washington, DC)1383Capitol Hill Club 2021-Present1384 (Washington, DC)13852Gulf Stream Bath and 2015-Present1386 Tennis Club (Gulf1387 Stream, FL)1388Chatham Beach and 2005-Present1389 Tennis Club (Chatham,1390 MA)1391Stage Harbor Yacht Club 2016-Present1392 (Chatham, MA)1393------------------------------------------------------------------------13941395 13. Have you ever been a candidate for and/or held a public office1396(elected, non-elected, or appointed)? If so, indicate whether any1397campaign has any outstanding debt, the amount, and whether you are1398personally liable for that debt.1399 I have never been a candidate. See response to #10 for public1400offices held.1401 14. List all memberships and offices held with and services1402rendered to, whether compensated or not, any political party or1403election committee within the past ten years. If you have held a paid1404position or served in a formal or official advisory position (whether1405compensated or not) in a political campaign within the past ten years,1406identify the particulars of the campaign, including the candidate, year1407of the campaign, and your title and responsibilities.1408 N/A.1409 15. Itemize all political contributions to any individual, campaign1410organization, political party, political action committee, or similar1411entity of $200 or more for the past ten years. See attachment.1412 16. List all scholarships, fellowships, honorary degrees, honorary1413society memberships, military medals, and any other special recognition1414for outstanding service or achievements.14151416------------------------------------------------------------------------1417 Organization Type Date Received1418------------------------------------------------------------------------1419Export-Import Bank of Distinguished Service September 20201420 the United States Award1421Georgetown University Dean's Award September 20161422 McDonough School of1423 Business1424Georgetown University Entrepreneur of the May 20161425 Alumni Association Year Award1426Georgetown University --Magna Cum Laude May 19971427 Law Center --Order of the Coif May 19971428 --Law Review, 1995-19971429 Georgetown Law Journal1430Georgetown University --Summa Cum Laude May 19931431 School of Foreign --Phi Beta Kappa1432 Service --J. Raymond Trainor1433 Award (highest overall1434 GPA in international1435 politics courses)1436 --W. Coleman Nevils1437 Medal (excellence in1438 the study of U.S.1439 diplomatic history)1440------------------------------------------------------------------------14411442 17. List all books, articles, columns, letters to the editor,1443Internet blog postings, or other publications you have authored,1444individually or with others. Include a link to each publication when1445possible. If a link is not available, provide a digital copy of the1446publication when available.1447 To the best of my recollection and based on searches I conducted,1448my responses are below.14491450------------------------------------------------------------------------1451 Title Publisher/Periodical/Source Date1452------------------------------------------------------------------------1453``Guest Viewpoint: North North Country Now 4/12/241454 Country Data Center's https://1455 future thwarted by www.northcountrynow.com/1456 proposed regulations'' stories/north-country-data-1457 centers-future-thwarted-by-1458 proposed-regulations,236005?14591460``What Russia's war in Atlantic Council 4/21/231461 Ukraine shows the U.S. https://1462 about hybrid conflict www.atlanticcouncil.org/1463 with China''--Section content-series/hybrid-1464 entitled ``When it comes warfare-project/what-russias-1465 to China, the West can't war-in-ukraine-shows-the-us-1466 rely on an economic about-hybrid-conflict-with-1467 strategy designed to china/#david-fogel1468 weaken Russia''14691470``Scoping the gray zone: Atlantic Council 12/22/221471 Defining terms and https://1472 policy priorities for www.atlanticcouncil.org/1473 engaging competitors content-series/strategic-1474 below the threshold of insights-memos/scoping-the-1475 conflict''--Section gray-zone-defining-terms-and-1476 entitled ``Involving policy-priorities-for-1477 economic policies and engaging-competitors-below-1478 institutions'' the-threshold-of-conflict/14791480``The National Defense Atlantic Council 12/13/221481 Strategy shows the https://1482 Pentagon's increased www.atlanticcouncil.org/1483 focus on the gray zone. content-series/hybrid-1484 Here's what that warfare-project/the-national-1485 means.''--Section defense-strategy-shows-the-1486 entitled ``How can the pentagons-increased-focus-on-1487 U.S. government and the-gray-zone-heres-what-1488 private sector that-means/1489 complement traditional1490 military efforts?''1491------------------------------------------------------------------------14921493 18. List all speeches, panel discussions, and presentations (e.g.,1494PowerPoint) that you have given on topics relevant to the position for1495which you have been nominated. Include a link to each publication when1496possible. If a link is not available, provide a digital copy of the1497speech or presentation when available.1498 To the best of my recollection and based on searches I conducted,1499my responses are below.15001501------------------------------------------------------------------------1502 Title Publisher/Periodical/Source Date1503------------------------------------------------------------------------1504``EXIM Staff Participates EXIM Website 9/22/201505 in Roundtable Discussion https://www.exim.gov/news/1506 with Business Leaders in exim-staff-participates-1507 Serbia'' roundtable-discussion-1508 business-leaders-serbia15091510``Remarks on EXIM's EXIM Website 5/21/201511 Review Process for https://www.exim.gov/news/1512 EXIM's Economic Impact archives/speeches/re marks-1513 Procedures and exims-review-process-for-1514 Additionality exims-economic-impact-1515 Guidelines'' procedures-and1516------------------------------------------------------------------------15171518 19. List all public statements you have made during the past ten1519years, including statements in news articles and radio and podcasts and1520television appearances, which are on topics relevant to the position1521for which you have been nominated, including dates. Include a link to1522each statement when possible. If a link is not available, provide a1523digital copy of the statement when available.1524 To the best of my recollection and based on searches I conducted,1525my responses are below.15261527------------------------------------------------------------------------1528 Title Publisher/Periodical/Source Date1529------------------------------------------------------------------------1530``Massena Bitcoin mining North Country Now 10/21/241531 operation set to receive https://1532 significant investment www.northcountrynow.com/1533 for expansion at former stories/massena-bitcoin-1534 Alcoa East plant'' mining-operation-set-to-1535 receive-significant-1536 investment-for-expansion-at-1537 former,26855915381539``Town of Massena passes North Country Now 9/28/241540 crypto mining https://1541 regulations after years- www.northcountrynow.com/1542 long moratorium'' stories/town-of-massena-1543 passes-crypto-mining-1544 regulations-after-years-long-1545 moratorium,26467515461547``Town of Massena to North Country Now 9/16/241548 weigh adopting crypto https://1549 regulations, overriding www.northcountrynow.com/1550 2 percent tax cap in stories/town-of-massena-to-1551 Sept. 18 public weigh-adopting-crypto-1552 hearings'' regulations-overriding-2-tax-1553 cap-in-sept-18-public,26244515541555``Crypto regulations North Country Now 7/6/241556 under review in Massena, https://1557 nearing finish line'' www.northcountrynow.com/1558 stories/crypto-regulations-1559 under-review-in-massena-1560 nearing-finish-line,25003015611562``Massena crypto North Country Now 5/25/241563 regulations nearly https://1564 finalized, county review www.northcountrynow.com/1565 planned'' stories/massena-crypto-1566 regulations-nearly-finalized-1567 county-review-planned,24330915681569``Massena town board North Country Now 5/9/241570 extends crypto https://1571 moratorium again, www.northcountrynow.com/1572 potentially delaying stories/massena-town-board-1573 $100 million expansion extends-crypto-moratorium-1574 project for one again-potentially-delaying-1575 operation'' 100-million-expansion,24082315761577``Massena crypto North Country Now 3/22/241578 regulations nearly https://1579 finalized but one www.northcountrynow.com/1580 operation pushes back on stories/massena-crypto-1581 language in proposal'' regulations-nearly-finalized-1582 but-one-operation-pushes-1583 back-on-language-in-1584 proposal,232905?1585------------------------------------------------------------------------15861587 20. List all digital platforms (including social media and other1588digital content sites) on which you currently or have formerly operated1589an account, regardless of whether or not the account was held in your1590name or an alias. Include the full name of an ``alias'' or ``handle'',1591including the complete URL and username with hyperlinks, you have used1592on each of the named platforms. Indicate whether the account is active,1593deleted, or dormant. Include a link to each account if possible.15941595 Facebook: https://www.facebook.com/david.fogel.9461596 [david.fogel.946]15971598 Instagram: https://www.instagram.com/david.fogel.946/1599 [david.fogel.946]16001601 X/Twitter: https://x.com/legofdavid [legofdavid]16021603 Truth Social: https://truthsocial.com/@legofdavid [@legofdavid]16041605 21. Please identify each instance in which you have testified1606orally or in writing before Congress in a governmental or non-1607governmental capacity and specify the date, committee, and subject1608matter of each testimony.1609 Nomination Hearing (same position), U.S. Senate Committee on1610Banking, Housing and Urban Affairs, 4/10/20251611 22. Given the current mission, major programs, and major1612operational objectives of the department/agency/commission/corporation1613to which you have been nominated, what in your background or employment1614experience do you believe affirmatively qualifies you for appointment1615to the position for which you have been nominated, and why do you wish1616to serve in that position?16171618 Experienced and accomplished business executive and1619 entrepreneur across multiple sectors.16201621 Extensive transaction and business development experience.16221623 Served in international economic diplomacy and commercial1624 roles at Export-Import Bank of the United States and State1625 Department (Economic Division) from June 2019-January 2021.16261627 These roles specifically included advocating for U.S.1628 business interests in foreign countries.16291630 I participated in three U.S. multi-agency economic1631 delegation trips in 2020, including approximately 151632 countries across Europe, Africa, Latin America and Asia.16331634 Continued international economic policy engagement post-1635 departure through service with Atlantic Council, Krach1636 Institute, and Global Tech Security Commission, as described1637 above.16381639 Degree in Foreign Service from Georgetown Walsh School of1640 Foreign Service, MBA from Georgetown, and JD from Georgetown.16411642 23. What do you believe are your responsibilities, if confirmed, to1643ensure that the department/agency/commission/corporation has proper1644management and accounting controls, and what experience do you have in1645managing a large organization?1646 Effective management and financial controls are essential in any1647organization. I have led three businesses in three different industries1648during my long career in the private sector. In addition, I served as1649the chief of staff at the Export-Import Bank and as the senior advisor1650and chief business development officer at the State Department. In all1651of these roles, strong leadership and active management, including over1652financial controls, were key. For the government positions, my goals1653were the careful stewardship of taxpayer funds and collaborative1654leadership with my team in fulfilling the Administration's priorities.1655For the private sector, I ensured each company was operating at peak1656efficiency, while maximizing the potential of my employees.1657 24. What do you believe to be the top three challenges facing the1658department/agency/commission/corporation, and why?1659 Global Markets in the International Trade Administration occupies a1660key role supporting the trade policies of the President. This critical1661task, however, comes with several significant challenges:16621663 1. The global landscape for foreign direct investment is incredibly1664 competitive. One of my top objectives at Global Markets will be1665 increasing the share of FDI into the U.S.16661667 2. The private sector in the United States often faces many hurdles1668 to access foreign markets, between tariffs and non-tariff trade1669 barriers. Fighting for American businesses to ensure we are1670 competing on a level playing field will take significant1671 effort.16721673 3. Lastly, close coordination and collaboration within ITA and1674 across other Federal departments and agencies will be vital to1675 our success at Global Markets.1676 b. potential conflicts of interest1677 1. Describe all financial arrangements, deferred compensation1678agreements, and other continuing dealings with business associates,1679clients, or customers. Please include information related to retirement1680accounts, such as a 401(k) or pension plan.1681 As described in my Form 278 Sections 2 and 3 and Ethics Agreement,1682I will have limited continuing dealings with former employers:16831684 My equity in NYDIG LLC was received in connection with the1685 acquisition of North Country Colocation Services Corp. (NCCS),1686 my past and current employer, in 2024. NCCS is now a wholly-1687 owned indirect subsidiary of NYDIG. Upon confirmation, I will1688 have no ongoing financial arrangements with NYDIG or NCCS,1689 except for (1) continuing to hold the NYDIG LLC interests and1690 (2) maintaining a relatively small 401K account with NYDIG (the1691 plan sponsor will not make further contributions after my1692 separation).1693 I am resigning from the Board of Ligilo, Inc. on April 15,1694 2025. After separation, I will retain my equity investment in1695 Ligilo and my vested stock options received in connection with1696 my Board service.1697 2. Do you have any commitments or agreements, formal or informal,1698to maintain employment, affiliation, or practice with any business,1699association, or other organization during your appointment? If so,1700please explain.1701 No.1702 3. Indicate any investments, obligations, liabilities, or other1703relationships which could involve potential conflicts of interest in1704the position to which you have been nominated. Explain how you will1705resolve each potential conflict of interest.1706 I have worked with lawyers in the Ethics Department of the1707Department of Commerce to identify and resolve potential conflicts of1708interest. That resolution is memorialized in my Ethics Agreement that1709has been reviewed and approved by the Department of Commerce and the1710Office of Government Ethics. Upon confirmation, I will abide by the1711terms of my Ethics Agreement and follow applicable government ethics1712laws and regulations based on guidance from the Ethics Office of the1713Department of Commerce.1714 4. Describe any business relationship, dealing, or financial1715transaction which you have had during the last ten years, whether for1716yourself, on behalf of a client, or acting as an agent, that could in1717any way constitute or result in a possible conflict of interest in the1718position to which you have been nominated. Explain how you will resolve1719each potential conflict of interest.1720 None, other than already disclosed in my responses to #s 1 and 31721above.1722 5. Identify any other potential conflicts of interest and explain1723how you will resolve each potential conflict of interest. None.1724 6. Describe any activity during the past ten years, including the1725names of clients represented, in which you have been engaged for the1726purpose of directly or indirectly influencing the passage, defeat, or1727modification of any legislation or affecting the administration and1728execution of law or public policy.1729 As CEO of NCCS, I advocated against the adoption of cryptocurrency1730mining regulations by the Town of Massena, NY. See this link for more1731information: https://www.northcountrynow.com/stories/north-country-1732data-centers-future-thwarted-by-proposed-regulations,236005?1733 c. legal matters1734 1. Have you ever been disciplined or cited for a breach of ethics,1735professional misconduct, or retaliation by, or been the subject of a1736complaint to, any court, administrative agency, the Office of Special1737Counsel, an Inspector General, professional association, disciplinary1738committee, or other professional group? If yes:17391740 a. Provide the name of the court, agency, association, committee, or1741 group;17421743 b. Provide the date the citation, disciplinary action, complaint, or1744 personnel action was issued or initiated;17451746 c. Describe the citation, disciplinary action, complaint, or1747 personnel action;17481749 d. Provide the results of the citation, disciplinary action,1750 complaint, or personnel action.17511752 No.1753 2. Have you ever been investigated, arrested, charged, or held by1754any Federal, State, or other law enforcement authority of any Federal,1755State, county, municipal, or foreign government entity, other than for1756a minor traffic offense? If so, please explain. No.1757 3. Have you or any business or nonprofit of which you are or were1758an officer ever been involved as a party in an administrative agency1759proceeding, criminal proceeding, or civil litigation? If so, please1760explain. No.1761 4. Have you ever been convicted (including pleas of guilty or nolo1762contendere) of any criminal violation other than a minor traffic1763offense? If so, please explain. No.1764 5. Have you ever been accused, formally or informally, of sexual1765assault, sexual harassment, or discrimination on the basis of sex,1766race, religion, or any other basis? If so, please explain. No.1767 6. Please advise the Committee of any additional information,1768favorable or unfavorable, which you feel should be disclosed in1769connection with your nomination. None.1770 d. relationship with committee1771 1. Will you ensure that your department/agency/commission/1772corporation complies with deadlines for information set by1773congressional committees, and that your department/agency/commission/1774corporation endeavors to timely comply with requests for information1775from individual Members of Congress, including requests from members in1776the minority?1777 Yes, as appropriate.1778 2. Will you ensure that your department/agency/commission/1779corporation does whatever it can to protect congressional witnesses and1780whistleblowers from reprisal for their testimony and disclosures? Yes.1781 3. Will you cooperate in providing the Committee with requested1782witnesses, including technical experts and career employees, with1783firsthand knowledge of matters of interest to the Committee?1784 Yes, as appropriate.1785 4. Are you willing to appear and testify before any duly1786constituted committee of the Congress on such occasions as you may be1787reasonably requested to do so? Yes.1788 (Nominee is to include this signed affidavit along with answers to1789the above questions.)1790 ______17911792 Resume of David L. Fogel17931794[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]17951796 POLITICAL DONATIONS SCHEDULE: DAVID FOGEL1797------------------------------------------------------------------------1798 Recipient (Federal) Year Date Amount1799------------------------------------------------------------------------1800COTTON MAJORITY COMMITTEE 2025 2/18/25 $7,0001801TEAM NUNN 2025 2/8/25 $6,6001802CURTIS BASHAW FOR U.S. SENATE, INC. 2024 11/5/24 $1,0001803REPUBLICAN NATIONAL COMMITTEE 2024 10/23/24 $4,9011804REPUBLICAN NATIONAL COMMITTEE 2024 10/23/24 $5,0991805TRUMP 47 COMMITTEE, INC. 2024 10/23/24 $10,0001806SCHMITT FOR SENATE 2024 10/21/24 $6,6001807CURTIS BASHAW FOR U.S. SENATE, INC. 2024 9/25/24 $3,3001808ROUNDS FOR SENATE 2024 9/21/24 $3,3001809REPUBLICAN NATIONAL COMMITTEE 2024 9/10/24 $21,7001810COTTON MAJORITY COMMITTEE 2024 9/10/24 $5,0001811NRSC 2024 9/10/24 $5,0001812TRUMP 47 COMMITTEE, INC. 2024 9/10/24 $21,7001813THE EYE OF THE TIGER POLITICAL ACTION 2024 9/9/24 $5,0001814 COMMITTEE1815SCALISE FOR CONGRESS 2024 9/9/24 $3,3001816EMMER FOR CONGRESS 2024 9/9/24 $1,0411817SCALISE LEADERSHIP FUND 2024 2024 9/4/24 $10,0001818EMMER MAJORITY BUILDERS 2024 9/4/24 $1,0411819ANDY BARR FOR CONGRESS, INC. 2024 9/4/24 $1,0001820MICHAEL WALTZ FOR CONGRESS 2024 8/31/24 $3,3001821NEVER SURRENDER, INC. 2024 8/30/24 $3,3001822NEVER SURRENDER, INC. 2024 8/30/24 $3,3001823REPUBLICAN NATIONAL COMMITTEE 2024 8/30/24 $14,2261824TRUMP 47 COMMITTEE, INC. 2024 8/30/24 $25,8261825SAVE AMERICA 2024 8/30/24 $5,0001826LAWLER VICTORY FUND 2024 7/30/24 $3,3001827LAWLER FOR CONGRESS, INC. 2024 7/30/24 $3,3001828NEVER SURRENDER, INC. 2024 7/16/24 $3,3001829TRUMP 47 COMMITTEE, INC. 2024 7/16/24 $3,3001830GSL PAC 2024 6/25/24 $3,3001831MICHAEL WALTZ FOR CONGRESS 2024 6/17/24 $1,7001832MICHAEL WALTZ FOR CONGRESS 2024 6/17/24 $3,3001833SERVANT LEADERSHIP FUND 2024 6/9/24 $5,0001834BERNIE MORENO FOR SENATE 2024 5/16/24 $1,0001835EMMER MAJORITY BUILDERS 2024 5/13/24 $1,5001836EMMER FOR CONGRESS 2024 5/13/24 $1,5001837TEAM MORENO 2024 5/11/24 $1,0001838GEORGE LOGAN FOR CONGRESS 2024 5/10/24 $3,3001839IOWANS FOR ZACH NUNN 2024 5/5/24 $3,3001840IOWANS FOR ZACH NUNN 2024 5/5/24 $3,3001841REPUBLICAN MAJORITY FUND 2024 5/1/24 $5,0001842COTTON MAJORITY COMMITTEE 2024 5/1/24 $10,0001843NRSC 2024 5/1/24 $5,0001844TEAM MCCORMICK 2024 3/29/24 $3,3001845REPUBLICAN FEDERAL COMMITTEE OF 2024 3/29/24 $3,3001846 PENNSYLVANIA1847REPUBLICAN NATIONAL COMMITTEE 2024 2/16/24 $2751848LAWLER FOR CONGRESS, INC. 2024 2/6/24 $2,0231849NRSC 2024 1/29/24 $41,3001850GEORGE LOGAN FOR CONGRESS 2023 12/17/23 $3,3001851FRIENDS OF DAVE MCCORMICK 2023 12/16/23 $3,3001852TEAM MCCORMICK 2023 12/16/23 $3,3001853COTTON FOR SENATE, INC. 2023 10/11/23 $4001854COTTON FOR SENATE, INC. 2023 10/11/23 $4001855COTTON MAJORITY COMMITTEE 2023 10/11/23 $2,5001856NRSC 2023 10/11/23 $1,7001857GEORGE LOGAN FOR CONGRESS 2023 10/8/23 $3,3001858STAND FOR AMERICA PAC 2023 9/29/23 $3,3001859TEAM STAND FOR AMERICA 2023 9/29/23 $3,3001860FRIENDS OF DAVE MCCORMICK 2023 9/24/23 $3,3001861NIKKI HALEY FOR PRESIDENT INC. 2023 5/25/23 $3,3001862COTTON MAJORITY COMMITTEE 2023 5/25/23 $5,0001863REPUBLICAN MAJORITY FUND 2023 5/25/23 $5,0001864ANDY BARR FOR CONGRESS, INC. 2023 3/26/23 $2,3001865ANDY BARR FOR CONGRESS, INC. 2023 3/26/23 $3,3001866TIM SCOTT FOR AMERICA 2023 3/19/23 $1,5001867TIM SCOTT FOR AMERICA 2023 3/19/23 $1,5001868NRSC 2023 2/7/23 $41,3001869REPUBLICAN NATIONAL COMMITTEE 2023 1/12/23 $2501870ROSENDALE VICTORY FUND 2022 9/24/22 $1,5001871MATT ROSENDALE FOR MONTANA 2022 9/24/22 $1,5001872SCHELLER FOR CONGRESS, INC. 2022 8/16/22 $1,0001873LEORA LEVY FOR U.S. SENATE, INC. 2022 7/21/22 $1,0001874MICHAEL WALTZ FOR CONGRESS 2022 7/5/22 $9001875MICHAEL WALTZ FOR CONGRESS 2022 7/5/22 $2,0001876SERVANT LEADERSHIP FUND 2022 6/25/22 $2,0001877MICHAEL WALTZ FOR CONGRESS 2022 6/25/22 $2,0001878AMERICAN VALUES FIRST 2022 5/2/22 $2,5001879JAYME STEVENSON FOR CONGRESS 2022 4/2/22 $2,9001880STAND FOR AMERICA PAC 2022 4/2/22 $5,0001881BOGNET FOR CONGRESS 2022 3/3/22 $2,9001882COTTON VICTORY 2022 2/21/22 $5,8001883REPUBLICAN MAJORITY FUND 2022 2/21/22 $5,0001884COTTON FOR SENATE, INC. 2022 2/21/22 $8001885RON JOHNSON FOR SENATE, INC. 2022 2/2/22 $5001886REPUBLICAN NATIONAL COMMITTEE 2022 1/26/22 $1,1001887RON JOHNSON VICTORY 2022 1/24/22 $5001888DAVE MCCORMICK FOR U.S. SENATE 2022 1/13/22 $2,9001889NRSC 2021 11/29/21 $36,5001890TAMIKA HAMILTON FOR CONGRESS 2021 11/12/21 $1,0001891FRIENDS OF TODD YOUNG, INC. 2021 10/25/21 $5,8001892BOGNET FOR CONGRESS 2021 10/23/21 $2,9001893JOHN KENNEDY FOR US 2021 10/4/21 $2,9001894DAN CRENSHAW VICTORY COMMITTEE 2021 9/24/21 $5,8001895DAN CRENSHAW FOR CONGRESS 2021 9/24/21 $2,9001896DAN CRENSHAW FOR CONGRESS 2021 9/24/21 $2,9001897GEORGE LOGAN FOR CONGRESS 2021 9/21/21 $2,9001898GEORGE LOGAN FOR CONGRESS 2021 9/21/21 $2,9001899ROSENDALE VICTORY FUND 2021 9/3/21 $2,9001900MATT ROSENDALE FOR MONTANA 2021 9/3/21 $2,9001901CHAMPION AMERICAN VALUES 2021 8/8/21 $5,0001902COTTON VICTORY 2021 5/23/21 $10,0001903REPUBLICAN MAJORITY FUND 2021 5/23/21 $5,0001904COTTON FOR SENATE, INC. 2021 5/23/21 $2,1001905COTTON FOR SENATE, INC. 2021 5/23/21 $2,9001906MORAN VICTORY COMMITTEE 2021 3/23/21 $2,9001907MORAN FOR KANSAS 2021 3/23/21 $2,9001908STAND FOR AMERICA PAC 2021 3/8/21 $5,0001909CLUB FOR GROWTH ACTION 2021 2/3/21 $1,0001910JIMMY PANETTA FOR CONGRESS 2021 2/3/21 $2,9001911JIMMY PANETTA FOR CONGRESS 2021 2/3/21 $2,9001912REPUBLICAN NATIONAL COMMITTEE 2021 1/29/21 $1,0001913NRCC 2021 1/28/21 $1,0001914ANDY BARR FOR CONGRESS, INC. 2021 1/9/21 $2,7001915ANDY BARR FOR CONGRESS, INC. 2021 1/9/21 $2,9001916GEORGIANS FOR KELLY LOEFFLER 2021 12/31/20 $2,8001917PERDUE FOR SENATE 2020 12/22/20 $2,8001918SENATE GEORGIA BATTLEGROUND FUND 2020 12/22/20 $5,6001919NICOLE FOR NEW YORK 2020 10/23/20 $1,0001920REPUBLICAN NATIONAL COMMITTEE 2020 10/8/20 $2,0001921KEEP PA GREAT 2020 10/7/20 $3,0001922CONNECTICUT REPUBLICAN PARTY 2020 10/2/20 $1,0001923RIDDLE FOR CONGRESS 2020 8/29/20 $1,0001924SULLIVAN FOR CONGRESS 2020 8/23/20 $2,8001925NRCC 2020 8/15/20 $1,5001926BOGNET FOR CONGRESS 2020 6/29/20 $2,8001927MATT ROSENDALE FOR MONTANA 2020 6/12/20 $2,8001928NRSC 2020 5/10/20 $25,0001929REPUBLICAN MAJORITY FUND 2020 3/27/20 $5,0001930REPUBLICAN NATIONAL COMMITTEE 2020 2/24/20 $1,0001931NRCC 2020 2/14/20 $25001932DONALD J. TRUMP FOR PRESIDENT, INC. 2020 2/2/20 $2,8001933BOGNET FOR CONGRESS 2020 1/30/20 $2,8001934NRSC 2019 11/14/19 $25,0001935COTTON VICTORY 2019 4/11/19 $5,0001936REPUBLICAN MAJORITY FUND 2019 4/11/19 $2,3001937CORY GARDNER FOR SENATE 2019 2/20/19 $2,8001938COTTON VICTORY 2019 2/12/19 $2,7001939REPUBLICAN MAJORITY FUND 2019 2/12/19 $2,7001940REPUBLICAN NATIONAL COMMITTEE 2019 1/23/19 $1,0001941NRCC 2019 1/18/19 $5001942ROSS SPANO FOR CONGRESS 2018 10/15/18 $1,0001943SANTOS FOR CONGRESS 2018 9/26/18 $5001944HELLER FOR SENATE 2018 9/19/18 $5001945NRSC 2018 9/16/18 $10,0001946REPUBLICAN MAJORITY FUND 2018 9/4/18 $5,0001947COTTON VICTORY 2018 9/4/18 $5,0001948NY REPUBLICAN FEDERAL CAMPAIGN COMMITTEE 2018 8/10/18 $10,0001949MATT ROSENDALE FOR MONTANA 2018 7/30/18 $2,0001950JOHN FASO VICTORY COMMITTEE 2018 7/24/18 $10,0001951REPUBLICAN PARTY OF KENTUCKY 2018 6/9/18 $10,0001952COTTON FOR SENATE 2018 5/7/18 $2,7001953COTTON VICTORY 2018 5/7/18 $2,7001954COTTON VICTORY 2018 4/26/18 $2,7001955COTTON FOR SENATE 2018 4/26/18 $2,7001956CONNECTICUT REPUBLICAN PARTY 2018 4/23/18 $10,0001957NRSC 2018 4/2/18 $15,0001958DOMINIC FOR U.S. SENATE 2018 3/4/18 $1,0001959HARRY FOR CT INC. 2018 2/28/18 $1,0001960REPUBLICAN NATIONAL COMMITTEE 2018 1/23/18 $2,2001961NRCC 2018 1/22/18 $5001962NRCC 2017 11/1/17 $5001963FASO FOR CONGRESS 2017 10/19/17 $2,7001964FASO FOR CONGRESS 2017 10/18/17 $2,7001965NRCC 2017 10/1/17 $5001966MATT ROSENDALE FOR MONTANA 2017 9/12/17 $1,0001967NRCC 2017 9/1/17 $5001968CONNECTICUT REPUBLICAN PARTY 2017 8/24/17 $7,5001969NRCC 2017 8/1/17 $5001970NRCC 2017 7/1/17 $5001971NRSC 2017 6/7/17 $23,4001972NRSC 2017 6/7/17 $1,1001973NRCC 2017 6/1/17 $5001974ANDY BARR FOR CONGRESS, INC. 2017 5/18/17 $2,7001975CITIZENS FOR JOSH MANDEL INC 2017 5/15/17 $2501976JEFF FLAKE FOR U.S. SENATE INC 2017 5/7/17 $1,0001977NRCC 2017 5/1/17 $5001978HELLER FOR SENATE 2017 4/30/17 $5001979JEFF FLAKE FOR U.S. SENATE INC 2017 4/30/17 $1,0001980NRSC 2017 4/30/17 $2,5001981CONNECTICUT FIRST 2017 4/12/17 $5,0001982NRSC 2017 4/3/17 $2,5001983NRCC 2017 4/1/17 $5001984REPUBLICAN NATIONAL COMMITTEE 2017 3/27/17 $1,1001985NRCC 2017 3/1/17 $5001986NRSC 2017 2/20/17 $2,5001987ANDY BARR FOR CONGRESS, INC. 2017 2/18/17 $2,7001988NRCC 2017 2/1/17 $5001989NRSC 2017 1/27/17 $2,5001990REPUBLICAN NATIONAL COMMITTEE 2017 1/17/17 $1,1001991NRSC 2017 1/1/17 $5001992CARTER 2016 2016 9/30/16 $3501993AUGUST WOLF FOR SENATE 2016 4/5/16 $2,0001994REPUBLICAN NATIONAL COMMITTEE 2016 3/23/16 $1,0001995KASICH FOR AMERICA INC 2016 2/22/16 $3501996SHABAN FOR CONGRESS 2016 2/15/16 $3501997NRSC 2016 1/29/16 $2551998CLUB FOR GROWTH ACTION 2016 1/11/16 $1,0001999REPUBLICAN NATIONAL COMMITTEE 2016 1/8/16 $5002000NRCC 2016 1/7/16 $5002001MARCO RUBIO FOR PRESIDENT 2015 12/2/15 $2,7002002ANDY BARR FOR CONGRESS, INC. 2015 11/24/15 $1,0002003JIMMY PANETTA FOR CONGRESS 2015 11/16/15 $2,7002004RON DESANTIS FOR FLORIDA 2015 10/4/15 $5002005STUTZMAN FOR SENATE 2015 10/4/15 $5002006CONNECTICUT REPUBLICAN PARTY 2015 8/31/15 $3502007REPUBLICAN NATIONAL COMMITTEE 2015 1/20/15 $2452008NRSC 2015 1/16/15 $2552009RIGHT TO RISE PAC, INC. 2015 1/9/15 $3,0002010------------------------------------------------------------------------20112012------------------------------------------------------------------------2013 Recipient (State/Local) Year Date Amount2014------------------------------------------------------------------------2015Fairfield Republican Town Committee 2024 9/21/24 $2,0002016Harrison for the 132nd 2024 5/18/24 $3202017Fairfield Republican Town Committee 2023 9/25/23 $1,0002018Fairfield Republican Town Committee 2023 9/7/23 $2502019Bob for Governor 2022 3/29/22 $3,5002020Farnen For Fairfield 2022 1/22/22 $2902021Wethersfield Republican Town Committee 2021 10/11/21 $2502022Fairfield Republican Town Committee 2021 5/11/21 $2,0002023Fairfield First Political Action Committee 2021 3/29/21 $1,0002024Fairfield Republican Town Committee 2020 10/3/20 $1,0002025Connecticut Republican Party 2020 10/2/20 $4,0002026Farnen For Fairfield 2020 5/19/20 $2702027Laura Devlin for State Representative 2020 3/1/20 $2702028Hwang4Senate 2020 2020 2/2/20 $2702029Farnen for Fairfield 2019 12/1/19 $2502030Trumbull Republican Town Committee 2019 5/2/19 $2502031Fairfield Republican Town Committee 2019 3/13/19 $1,5002032Fairfield Republican Town Committee 2019 1/30/19 $5002033Muska for State Senate 2019 2019 1/19/19 $2502034GB for Senate 2019 1/19/19 $2502035Bob for Governor 2018 9/24/18 $3502036LeClerc for Probate 2018 8/30/18 $2502037Fairfield Republican Town Committee 2018 8/16/18 $2502038Fairfield Republican Town Committee 2018 8/16/18 $1002039Hwang4Senate 2018 8/3/18 $2502040Laura Devlin for State Representative 2018 4/9/18 $2502041Connecticut Republican Party 2017 11/28/17 $1,0002042Fairfield Republican Town Committee 2017 9/11/17 $2502043Fairfield Republican Town Committee 2017 9/4/17 $1002044Fairfield Republican Town Committee 2017 4/4/17 $1002045Fairfield Republican Town Committee 2016 8/28/16 $3652046Fairfield Republican Town Committee 2016 8/28/16 $1002047Tony Hwang For CT (Exploratory) 2016 7/11/16 $2002048Fairfield Republican Town Committee 2016 5/19/16 $2252049Fairfield Republican Town Committee 2016 5/19/16 $1502050Fairfield Republican Town Committee 2016 4/10/16 $ 1502051------------------------------------------------------------------------20522053 Chairman Cruz. Thank you, Mr. Fogel. I now recognize Mr.2054Gentin.20552056 STATEMENT OF PIERRE GENTIN, NOMINEE TO BE GENERAL COUNSEL,2057 DEPARTMENT OF COMMERCE20582059 Mr. Gentin. Chairman Cruz, Senator Peters, and2060distinguished members of the Senate Commerce Committee, it is a2061great honor to testify before you this morning as nominee for2062General Counsel of the Commerce Department. I am deeply2063grateful to President Trump for nominating me, to Secretary2064Lutnick for his leadership of the Department, and to this2065Committee for considering my nomination.2066 I am grateful to family and friends joining me today, my2067wonderful wife, Reyna, our son, Micah, and my siblings, Et and2068Danielle. My mother, Adele, and our daughter, Ariella, are2069watching on livestream.2070 My father and teacher, Dr. Benjamin Gentin, passed away2071last year. He is with me today in spirit.2072 The honor of appearing before you today belongs entirely to2073my parents who moved our family from South Africa to the United2074States nearly 50 years ago, so that my siblings and I could2075live as free, proud, and productive citizens. It was the2076American bicentennial; I was 9 years old. My parents lost no2077time taking us to Boston, Philadelphia, and Washington,2078fostering in us a deep love of American history and culture,2079and ensuring that we internalized the great American ideals of2080freedom, faith and responsibility.2081 My parents worked hard and overcame many obstacles to2082become respected professionals in American medicine and law,2083and equally respected members of their community. I have tried2084to emulate my parents, personally and professionally, and as a2085lawyer myself, I have been fortunate to work in government, the2086private sector, and academia. My life is a testament to the2087transformative power of American opportunity.2088 As a young lawyer, I served in the Department of Justice as2089an Assistant United States Attorney for the Southern District2090of New York. I came away from that experience with deep respect2091for the authority that government lawyers exercise and the2092responsibility that comes with that power.2093 After government service, I spent nearly 20 years at one of2094the world's largest financial services companies, advising on2095significant legal and regulatory matters in the banking sector.2096 As a business lawyer, I saw firsthand the importance of2097intelligent and effective governmental oversight of industry.2098But equally, I learned the importance of respecting and2099empowering innovation, hard work, and the spirit of2100entrepreneurship that have enabled our country to secure its2101leading position in global commerce. I drew the same2102conclusions during my years as a partner at a leading U.S. law2103firm.2104 For the past 6 years, I served as Chief Legal Officer at2105McKinsey, an American company that pioneered the profession of2106management consulting nearly a century ago. As the first lawyer2107elected a senior partner at McKinsey and the first to serve on2108its management team, I counseled the firm's leadership on legal2109and risk, as well as business and cultural issues.2110 Over the past three decades, I have also been active in the2111academic and non-profit arenas, serving multiple times as a2112visiting professor of law, a lecturer in ethics, and as editor2113of a book on negotiating the resolution of business disputes. I2114have been a trustee of many non-profit boards, including the2115Practicing Law Institute, a nearly century-old legal education2116organization, and the Touro Synagogue Foundation which2117preserves an 18th century synagogue in Rhode Island that2118symbolizes our Nation's commitment to religious freedom.2119 I believe my public, private, and academic experience, my2120commitment to the rule of law, and my desire to help safeguard2121the well-being of our country, equip me well to proudly serve2122as General Counsel of the Department of Commerce.2123 If I am honored to be confirmed, I look forward to working2124with this Committee and with stakeholders inside and outside2125government, to help augur an era of greatness for American2126commerce, and prosperity for our Nation.2127 Thank you.2128 [The prepared statement and biographical information of Mr.2129Gentin follow:]21302131 Prepared Statement of Pierre Gentin, Nominee for General Counsel,2132 Department of Commerce2133 Chairman Cruz, Ranking Member Cantwell, and distinguished members2134of the Senate Commerce Committee:21352136 It's a great honor to testify before you today as nominee for2137General Counsel of the Commerce Department. I am deeply grateful to2138President Trump for nominating me, to Secretary Lutnick for his2139leadership of the Department, and to this Committee for considering my2140nomination.2141 I'm grateful to family and friends joining me today, including my2142mother Adele, my siblings Et and Danielle, my wonderful wife Reyna, and2143our son Micah. Our daughter Ariella is watching online from Jerusalem.2144My father and teacher, Dr. Benjamin Gentin, passed away last year. He2145is with me today in spirit.2146 The honor of appearing before you today belongs entirely to my2147parents who moved our family from South Africa to the United States2148nearly 50 years ago, so that my siblings and I could live as free,2149proud and productive citizens. It was the American bicentennial; I was2150nine years old. My parents lost no time taking us to Boston,2151Philadelphia and Washington, fostering in us a deep love of American2152history and culture, and ensuring that we internalized the great2153American ideals of freedom, faith and responsibility.2154 My parents worked hard and overcame many obstacles to become2155respected professionals in American medicine and law, and equally2156respected members of their community. I have tried to emulate my2157parents personally and professionally, and as a lawyer myself, I've2158been fortunate to work in government, the private sector, and academia.2159My life is a testament to the transformative power of American2160opportunity.2161 As a young lawyer, I served in the Department of Justice as an2162Assistant United States Attorney for the Southern District of New York.2163I came away from that experience with deep respect for the authority2164that government lawyers exercise and the responsibility that comes with2165that power.2166 After government service, I spent nearly twenty years at one of the2167world's largest financial services companies, advising on significant2168legal and regulatory matters in the banking sector.2169 As a business lawyer, I saw firsthand the importance of intelligent2170and effective governmental oversight of industry. Equally, I learned2171the importance of respecting and empowering innovation, hard work, and2172the spirit of entrepreneurship that have enabled our country to secure2173its leading position in global commerce. I drew the same conclusions2174during my years as a partner at a leading U.S. law firm.2175 For the past six years, I served as chief legal officer at2176McKinsey, an American company that pioneered the profession of2177management consulting nearly a century ago. As the first lawyer elected2178a senior partner at McKinsey and the first to serve on its management2179team, I counseled the firm's leadership on legal and risk, as well as2180business and cultural issues.2181 Over the past three decades, I've also been active in the academic2182and non-profit arenas, serving multiple times as a visiting professor2183of law, a lecturer in ethics, and as editor of a book on negotiating2184the resolution of business disputes. I've been a trustee of many non-2185profit boards, including the Practicing Law Institute, a nearly2186century-old legal education organization, and the Touro Synagogue2187Foundation which preserves an 18th century synagogue in Rhode Island2188that symbolizes our Nation's commitment to religious freedom.2189 I believe my public, private and academic experience, my commitment2190to the rule of law, and my desire to help safeguard the well-being of2191our country--equip me well to proudly serve as General Counsel of the2192Department of Commerce.2193 If I'm honored to be confirmed, I look forward to working with this2194Committee, and with stakeholders inside and outside government, to help2195augur an era of greatness for American commerce, and prosperity for our2196Nation.2197 Thank you.2198 ______21992200 a. biographical information2201 1. Name (Include any former names or nicknames used): Pierre Marc2202Gentin.2203 2. Position to which nominated: General Counsel, Department of2204Commerce.2205 3. Date of Nomination: February 3, 2025.2206 4. Address (List current place of residence and office addresses):22072208 Residence: Information not released to the public.2209 Office: Information not provided.22102211 5. Date and Place of Birth: February 21, 1967; Durban, South2212Africa.2213 6. Provide the name, position, and place of employment for your2214spouse (if married) or domestic partner, and the names and ages of your2215children (including stepchildren and children by a previous marriage).22162217 Spouse: Reyna Marder Gentin Self-employed (author).2218 Children: Ariella R. Gentin (27), Micah R. Gentin (24).22192220 7. List all college and graduate schools attended, whether or not2221you were granted a degree by the institution. Provide the name of the2222institution, the dates attended, the degree received, and the date of2223the degree.22242225 Columbia Law School, New York, N.Y.2226 J.D. (1992)22272228 Yale Law School, New Haven CT2229 September 1990-May 19912230 (I spent my second year of law school at Yale).22312232 Princeton University, Princeton NJ2233 A.B., magna cum laude (1989)22342235 8. List all post-undergraduate employment, including the job title,2236name of employer, and inclusive dates of employment, and highlight all2237management-level jobs held and any non-managerial jobs that relate to2238the position for which you are nominated.22392240 Department of Commerce, Washington, D.C. (2025 to present)2241 Senior Advisor, Office of the Secretary22422243 McKinsey & Company, Inc., New York, N.Y. (2019-2025)2244 Senior Partner and Chief Legal Officer22452246 Cahill Gordon & Reindel, LLP, New York, N.Y. (2015-2019)2247 Partner22482249 Credit Suisse (USA), Inc., New York, N.Y. (1998-2015)2250 I served in various legal and risk-related positions over2251 nearly 20 years at Credit Suisse; my last position was Managing2252 Director and Global Head of Litigation, Regulatory2253 Investigations, and Employment Law22542255 Department of Justice, U.S. Attorney's Office, Southern2256 District of New York, N.Y. (1995-1998)2257 Assistant United States Attorney22582259 LeBoeuf Lamb Greene & MacRae, LLP, New York, N.Y. (1992-1995)2260 Associate22612262 Lord Day and Lord, Barrett Smith, New York, N.Y. (Summer 1991)2263 Summer Associate22642265 LeBoeuf Lamb Leiby & MacRae, LLP, New York, N.Y. (Summer 1990)2266 Summer Associate22672268 New York University, Office of Salary Administration, New York,2269 N.Y. (Summer 1989)2270 Clerk22712272 9. Attach a copy of your resume.2273 Attached.2274 10. List any advisory, consultative, honorary, or other part-time2275service or positions with Federal, State, or local governments, other2276than those listed above after 18 years of age. None.2277 11. List all positions held as an officer, director, trustee,2278partner, proprietor, agent, representative, or consultant of any2279corporation, company, firm, partnership, or other business, enterprise,2280educational, or other institution.2281 In addition to those identified in response to item 8 above, I have2282previously held the following positions:22832284 University of Cambridge Judge Business School, United Kingdom,2285 Board of Advisors (2024-2025). Member22862287 Practising Law Institute (PLI) (2009-2024). Trustee22882289 Conference Board, Chief Legal Officer (CLO) Council, ESG Center2290 (2019-2023). Member22912292 Princeton University Julis-Rabinowitz Center for Finance and2293 Public Policy, External Advisory Board. (2017-2024). Member22942295 Princeton University Center for Jewish Life (2005-2018).2296 Trustee; Chair, Board of Trustees Touro Synagogue Foundation2297 (2017-2024). Trustee22982299 Columbia Law School Center for Israeli Legal Studies, Board of2300 Advisors. (2005-2012). Member23012302 Fordham Law School Corporate Legal Center (approx. 2005).2303 Member American Bar Association, International Law Section2304 (approx. 2010). Member23052306 12. List all memberships you have had after 18 years of age or2307currently hold with any civic, social, charitable, educational,2308political, professional, fraternal, benevolent or religiously2309affiliated organization, private club, or other membership organization2310(You do not have to list your religious affiliation or membership in a2311religious house of worship or institution). Include dates of membership2312and any positions you have held with any organization. Please note2313whether any such club or organization restricts membership on the basis2314of sex, race, color, religion, national origin, age, or disability.23152316 New York State Bar Association (1993 to present)23172318 Connecticut State Bar Association (1992-2024)23192320 World Economic Forum: Chief Legal Officer community, Global2321 Agenda Councils (2009-2025)23222323 The Brook Club (2016-2022) (social club)23242325 Anti-Defamation League, Lawyers' Division (approx. 2001)23262327 13. Have you ever been a candidate for and/or held a public office2328(elected, non-elected, or appointed)? If so, indicate whether any2329campaign has any outstanding debt, the amount, and whether you are2330personally liable for that debt. No.2331 14. List all memberships and offices held with and services2332rendered to, whether compensated or not, any political party or2333election committee within the past ten years. If you have held a paid2334position or served in a formal or official advisory position (whether2335compensated or not) in a political campaign within the past ten years,2336identify the particulars of the campaign, including the candidate, year2337of the campaign, and your title and responsibilities. None.2338 15. Itemize all political contributions to any individual, campaign2339organization, political party, political action committee, or similar2340entity of $200 or more for the past ten years.23412342 Credit Suisse Securities PAC 2013: $25023432344 16. List all scholarships, fellowships, honorary degrees, honorary2345society memberships, military medals, and any other special recognition2346for outstanding service or achievements.23472348 Phi Beta Kappa (1989)23492350 17. List all books, articles, columns, letters to the editor,2351Internet blog postings, or other publications you have authored,2352individually or with others. Include a link to each publication when2353possible. If a link is not available, provide a digital copy of the2354publication when available.23552356 Book: Co-Editor, Financial Services Mediation Answer Book2357 (2017)23582359 Book Chapter: Co-Author, Federal Pretrial Practice: Basic2360 Procedure and Strategy, Chapter 9: Legal and Ethical Issues2361 Arising in Discovery (2001)23622363 Letter to the Editor: Princeton Alumni Weekly, December 27,2364 2001 (available2365 at https://www.princeton.edu/ paw/web_exclusives/more/2366 more_letters/letters2367 _Prickettlet.html)23682369 Columns in Los Angeles Jewish Journal from 2021-2024 (available2370 at https://jewishjournal.com/author/pierregentin/)23712372 18. List all speeches, panel discussions, and presentations (e.g.,2373PowerPoint) that you have given on topics relevant to the position for2374which you have been nominated. Include a link to each publication when2375possible. If a link is not available, provide a digital copy of the2376speech or presentation when available.2377 Although not directly relevant to the legal issues I expect to2378address if confirmed to my position as General Counsel of the2379Department of Commerce, below are discussions relating to the role and2380responsibilities of the general counsel of an organization.23812382 Panel: Being Human, Financial Times Innovative Lawyers Summit2383 (2024).23842385 Panel: Law of Corporate Governance, UCLA Law: Conference on the2386 American Law Institute's Restatement on Corporate Governance2387 (2024)23882389 Panel: Fireside Chat with Pierre Gentin, McKinsey's Chief Legal2390 Officer, Silfen Leadership Series, Columbia Business School2391 (June 1, 2023).23922393 Panel: Avoiding a Splinter in the Eye, Cambridge Judge Business2394 School (2023).23952396 Panel: Law, Leadership, and Public Policy, Princeton School of2397 Public and International Affairs (2023).23982399 Panel: Good Judgment in Business, Wharton School Workshop2400 (2023).24012402 Panel: The Balancing Act of Leading Through a Crisis, The2403 Bernstein Center for Leadership and Ethics (2021).24042405 Keynote Speaker: Jonah the Prophet in the Boardroom: What a2406 Reluctant Leader Can Teach Us About Ambition, Values and2407 Success, Enterprise GC Conference (2018).24082409 Panel: Second Annual Seminar: Attorney-Client Relationships,2410 Practising Law Institute (2018).24112412 19. List all public statements you have made during the past ten2413years, including statements in news articles and radio and podcasts and2414television appearances, which are on topics relevant to the position2415for which you have been nominated, including dates. Include a link to2416each statement when possible. If a link is not available, provide a2417digital copy of the statement when available.2418 Although not directly relevant to the legal issues I expect to2419address if confirmed to my position as General Counsel of the2420Department of Commerce, below are statements discussing the role and2421responsibilities of the general counsel of an organization.24222423 Podcast: The Humanities & Business Education In an Economic2424 Crisis, Aspen Institute (July 31, 2020).24252426 Podcast: Pierre Gentin, Chief Legal Officer at McKinsey & Co,2427 on Passion and Professionalism, Movers, Shakers, and Rainmakers2428 (Mar. 14, 2024).24292430 Interview: Strategy, Professionalism, and Passion, A2431 conversation with Pierre Gentin, chief legal officer of2432 McKinsey, Center on the Legal Profession (2023).24332434 Podcast: Drinks With the Deal: McKinsey's Gentin on2435 Professional, Personal Fulfillment, The Deal (July 18, 2023).24362437 Interview: Passion Play: How a Global GC is Helping Staffers2438 Unlock Their Inner Charisma, Law.com (Sept. 19, 2022).24392440 Interview: McKinsey's Unorthodox GC, Brunswick Review (Sept. 7,2441 2022).24422443 Interview: When McKinsey's Top Lawyer Comes to Town--Watch Out,2444 by Vivia Chen from Bloomberg Law (Dec. 16, 2022).24452446 Interview: Mediation Can Be a Power Tool for In-House Counsel,2447 by Sue Reisinger (Aug. 11, 2017).24482449 20. List all digital platforms (including social media and other2450digital content sites) on which you currently or have formerly operated2451an account, regardless of whether or not the account was held in your2452name or an alias. Include the full name of an ``alias'' or ``handle'',2453including the complete URL and username with hyperlinks, you have used2454on each of the named platforms. Indicate whether the account is active,2455deleted, or dormant. Include a link to each account if possible.24562457 https://www.linkedin.com/in/pierre-gentin-7343905924582459 21. Please identify each instance in which you have testified2460orally or in writing before Congress in a governmental or non-2461governmental capacity and specify the date, committee, and subject2462matter of each testimony. None.2463 22. Given the current mission, major programs, and major2464operational objectives of the department/agency/commission/corporation2465to which you have been nominated, what in your background or employment2466experience do you believe affirmatively qualifies you for appointment2467to the position for which you have been nominated, and why do you wish2468to serve in that position?2469 Next year, it will be 50 years since I came to the United States as2470an immigrant at the age of 9 years old. My life and career are a2471testament to the incredible blessing that it is to be an American. I2472benefited educationally from a strong public school, university and law2473school foundation. I am deeply grateful to the President and to the2474Secretary of Commerce for this nomination at this stage of my life and2475career, and if I am honored to be confirmed by the Senate, I intend to2476bring my 33 years of experience in law, business, and academia to my2477service in the General Counsel role. My motivation is to serve our2478country and to help American commerce thrive, and I hope to leverage my2479background to perform, effectively and responsibly, the role for which2480I've been nominated.2481 As a young lawyer, I served in the Department of Justice as an2482Assistant United States Attorney in the Civil Division of the U.S.2483Attorney's Office, Southern District of New York. I then joined Credit2484Suisse First Boston (later Credit Suisse), where I worked in various2485senior legal and risk roles for nearly twenty years in a public,2486regulated, global financial services company. I was then an equity2487partner in an established New York law firm, Cahill Gordon, for more2488than three years before joining McKinsey and Company, one of the2489world's major consulting firms, as Chief Legal Officer, where I worked2490for six years, before joining the Department of Commerce as a Senior2491Advisor.2492 Alongside my roles in government, and in public and private2493companies, I have taught for many years at leading U.S. universities,2494including teaching ethics at the Wharton School of Business, and2495teaching courses on the role of in-house counsel at Fordham, Columbia2496and Yale law schools. I have lectured on legal, humanities and business2497topics at numerous universities and industry conferences in the United2498States and abroad, and I co-edited a book on the use of alternative2499dispute resolution to solve business problems on Wall Street. I have2500also served on various non-profit boards over the past several decades,2501including the Practicing Law Institute, Princeton University's Center2502on Public Policy and Finance, and the Touro Synagogue Foundation (which2503preserves the oldest Jewish house of worship in the United States).2504 23. What do you believe are your responsibilities, if confirmed, to2505ensure that the department/agency/commission/corporation has proper2506management and accounting controls, and what experience do you have in2507managing a large organization?2508 The General Counsel of the Department of Commerce plays a key role,2509as a senior member of the Department's leadership team, in helping to2510ensure that Commerce is managed in a lawful, effective and responsible2511manner. If confirmed, I will engage with the Secretary, Deputy2512Secretary, Chief of Staff, and the leadership of Commerce's various2513bureaus, to help ensure that our management and controls are working2514well.2515 I have developed extensive experience in managing large2516organizations over the past three decades. As Chief Legal Officer at2517McKinsey and Company, I built and managed a global legal organization2518of nearly 300 legal professionals working in more than 50 countries. At2519McKinsey, I served on the firm's management team which oversaw the2520global professional services activities of 45,000 colleagues working in252170 countries, and I also served as counsel to the firm's global board2522of directors. As a Managing Director and the senior-most litigation and2523enforcement lawyer at Credit Suisse, I served for many years on the2524General Counsel Management Committee, a global team that managed the2525bank's 2,000-person Legal and Compliance organization.2526 24. What do you believe to be the top three challenges facing the2527department/agency/commission/corporation, and why?2528 In my view, the top three challenges--and opportunities--for the2529Department of Commerce are the following:25302531 1. Greater cohesion across Commerce's bureaus. The Department of2532 Commerce contains a large group of different bureaus with very2533 important but quite distinct missions. Given that2534 organizational model, those internal roles and professional2535 capabilities that cut across all of the Department's bureaus--2536 like the General Counsel and the Office of the General2537 Counsel--play a very important organizational function. The2538 Department's legal team must help ensure that the Department's2539 overall goals are understood and implemented across all our2540 different bureaus. The fact that our lawyers have line of sight2541 across the Department's range of activities means we can help2542 bring greater cohesion and alignment to our Department.25432544 2. Modernization of Commerce's practices. I have spent the bulk of2545 my career in the private sector and I hope to explore ways in2546 which some of the innovation in operational practices that has2547 developed in American industry in recent years may benefit the2548 Department of Commerce. As the Secretary has himself noted,2549 Commerce should improve its approach to data capture, database2550 management, and data analytics, in order to be able to drive2551 outcomes more quickly and effectively.25522553 3. Inter-agency collaboration. Commerce's internal bureaus work2554 closely and continuously with our peer agencies across the2555 government. Maintaining and deepening the professional trust2556 and collaboration between and among Commerce and the other2557 agencies is a priority for me.2558 b. potential conflicts of interest2559 1. Describe all financial arrangements, deferred compensation2560agreements, and other continuing dealings with business associates,2561clients, or customers. Please include information related to retirement2562accounts, such as a 401(k) or pension plan.2563 I have disclosed my financial arrangements (including as to2564retirement accounts) to the Department of Commerce and I will disclose2565my financial arrangements, and enter into an agreement with, the Office2566of Government Ethics, to ensure I have no ongoing conflicts of2567interest, if I am confirmed.2568 2. Do you have any commitments or agreements, formal or informal,2569to maintain employment, affiliation, or practice with any business,2570association, or other organization during your appointment? If so,2571please explain. No.2572 3. Indicate any investments, obligations, liabilities, or other2573relationships which could involve potential conflicts of interest in2574the position to which you have been nominated. Explain how you will2575resolve each potential conflict of interest.2576 None, as far as I am aware. As noted, I have disclosed my financial2577arrangements (including as to retirement accounts) to the Department of2578Commerce and I will disclose my financial arrangements, and enter into2579an agreement with, the Office of Government Ethics, to ensure I have no2580ongoing conflicts of interest, if I am confirmed.2581 4. Describe any business relationship, dealing, or financial2582transaction which you have had during the last ten years, whether for2583yourself, on behalf of a client, or acting as an agent, that could in2584any way constitute or result in a possible conflict of interest in the2585position to which you have been nominated. Explain how you will resolve2586each potential conflict of interest.2587 None, as far as I am aware. As noted, I have disclosed my financial2588arrangements (including as to retirement accounts) to the Department of2589Commerce and I will disclose my financial arrangements, and enter into2590an agreement with, the Office of Government Ethics, to ensure I have no2591ongoing conflicts of interest, if I am confirmed.2592 5. Identify any other potential conflicts of interest and explain2593how you will resolve each potential conflict of interest.2594 I have disclosed my financial arrangements (including as to2595retirement accounts) to the Department of Commerce and I will disclose2596my financial arrangements. I will consult with the U.S. Office of2597Government Ethics in addition to the Department of Commerce's2598Designated Agency Ethics Official to identify potential conflicts of2599interest. If confirmed, any potential conflicts of interest will be2600resolved in accordance with the terms of the ethics agreement I will2601enter into with the Department's Designated Agency Ethics Official.2602 6. Describe any activity during the past ten years, including the2603names of clients represented, in which you have been engaged for the2604purpose of directly or indirectly influencing the passage, defeat, or2605modification of any legislation or affecting the administration and2606execution of law or public policy. None.2607 c. legal matters2608 1. Have you ever been disciplined or cited for a breach of ethics,2609professional misconduct, or retaliation by, or been the subject of a2610complaint to, any court, administrative agency, the Office of Special2611Counsel, an Inspector General, professional association, disciplinary2612committee, or other professional group? If yes:2613 No.26142615 a. Provide the name of the court, agency, association, committee, or2616 group;26172618 b. Provide the date the citation, disciplinary action, complaint, or2619 personnel action was issued or initiated;26202621 c. Describe the citation, disciplinary action, complaint, or2622 personnel action;26232624 d. Provide the results of the citation, disciplinary action,2625 complaint, or personnel action.26262627 2. Have you ever been investigated, arrested, charged, or held by2628any Federal, State, or other law enforcement authority of any Federal,2629State, county, municipal, or foreign government entity, other than for2630a minor traffic offense? If so, please explain. No.2631 3. Have you or any business or nonprofit of which you are or were2632an officer ever been involved as a party in an administrative agency2633proceeding, criminal proceeding, or civil litigation? If so, please2634explain. No.2635 4. Have you ever been convicted (including pleas of guilty or nolo2636contendere) of any criminal violation other than a minor traffic2637offense? If so, please explain. No.2638 5. Have you ever been accused, formally or informally, of sexual2639assault, sexual harassment, or discrimination on the basis of sex,2640race, religion, or any other basis? If so, please explain.2641 In 2020, a Legal Department employee in McKinsey's London office2642filed a claim with the U.K. Ministry of Labor accusing various McKinsey2643employees, including myself, of discrimination on the basis of race and2644nationality. In 2021, she voluntarily withdrew the claim which was2645dismissed with prejudice. There was no settlement of any kind nor any2646finding of wrongdoing.2647 6. Please advise the Committee of any additional information,2648favorable or unfavorable, which you feel should be disclosed in2649connection with your nomination. None.2650 d. relationship with committee2651 1. Will you ensure that your department/agency/commission/2652corporation complies with deadlines for information set by2653congressional committees, and that your department/agency/commission/2654corporation endeavors to timely comply with requests for information2655from individual Members of Congress, including requests from members in2656the minority? Yes.2657 2. Will you ensure that your department/agency/commission/2658corporation does whatever it can to protect congressional witnesses and2659whistleblowers from reprisal for their testimony and disclosures? Yes.2660 3. Will you cooperate in providing the Committee with requested2661witnesses, including technical experts and career employees, with2662firsthand knowledge of matters of interest to the Committee? Yes.2663 4. Are you willing to appear and testify before any duly2664constituted committee of the Congress on such occasions as you may be2665reasonably requested to do so? Yes.2666 ______26672668 Resume of Pierre M. Gentin26692670[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]26712672 Chairman Cruz. Thank you, Mr. Gentin. I now recognize Mr.2673Gleason. Welcome.26742675 STATEMENT OF ROBERT GLEASON, NOMINEE TO BE DIRECTOR, AMTRAK2676 BOARD OF DIRECTORS26772678 Mr. Gleason. Thank you, Chairman Cruz and Senator Peters,2679and the rest of the Committee for allowing me to come before2680you today. And I want to thank Senator David McCormick for2681introducing me today.2682 I am pleased to have my wife, Jeanne, my grandson,2683Jonathan, and my sister, Pam, here supporting me today.2684 My passion for transportation and community development has2685been a lifelong journey, one deeply rooted in my experiences2686serving in government at the county, city, state, and national2687levels. Growing up in Johnstown, Pennsylvania, I saw firsthand2688how transportation systems can either connect or isolate2689communities. It is this personal understanding that drives my2690commitment to bringing better passenger rail service to small2691towns across America.2692 In the first half of the 20th century, my hometown of2693Johnstown was connected to the rest of the world by the2694Pennsylvania Railroad. Trains with iconic names like the Red2695Arrow, Broadway Limited, the Fort Pitt, and the Clevelander, 252696daily passenger trains, all stopped in Johnstown. I was a2697regular rail passenger, traveling back and forth to2698Philadelphia to attend the University of Pennsylvania's Wharton2699School. There you are, Mr. Cruz. Another Wharton School guy.2700 Our town was bypassed by the interstate highway system, one2701of only seven cities in the United States of over 100,0002702population to miss the interstate, and most airlines overflew2703us. The region began a downhill slide as passenger train2704service dwindled, and today we are only served by two passenger2705trains.2706 In addition to my personal experiences with the benefits of2707rail connections and the potentially devastating effects of a2708community not being on the main transportation grid, I am2709honored to be nominated to join the Amtrak Board to continue in2710public service. My civilian government experience makes me well2711qualified for the role of Amtrak director. I also proudly2712served our country as a captain in the United States Air Force,2713with 4 years active duty and 6 years in the Reserves.2714 I currently serve my community as President of the local2715Board of Education, and I have served 10 years as a Borough2716Councilman.2717 I have served as Secretary of the Commonwealth of2718Pennsylvania, a member of the Pennsylvania State Transportation2719Advisory Committee, the Pennsylvania State Transportation2720Committee, and 4 years as a member of the Pennsylvania Turnpike2721Commission. And Secretary Sam Skinner appointed me to the2722National Motor Carrier Advisory Committee.2723 In 1982, I was appointed to one of the first state2724government committees in the Nation to study high-speed rail.2725The nine-member committee was appointed by Governor Dick2726Thornburgh with a charge to study the feasibility of2727constructing a high-speed passenger rail line from Philadelphia2728to Pittsburgh. This wonderful experience will certainly help me2729as a member of the Amtrak Board.2730 Economically, passenger rail can be a powerful engine for2731growth. Delivering a rail project generates thousands of2732construction, engineering, and operational jobs. Once2733operational, trains attract riders who spend money in local2734economies, especially near stations. Entire communities can be2735revitalized by the presence of a reliable train service.2736 In short, when done right, passenger rail does not just2737move people. It drives prosperity.2738 If confirmed as a Director of Amtrak, I will work2739diligently to improve and expand passenger rail service across2740America in a fiscally responsible manner. Amtrak benefits2741greatly from taxpayer dollars, and I will make sure that money2742is spent in an efficient and productive manner. I have spent a2743lifetime in public service living with Pennsylvania's sunshine2744laws, so I am very proud to support more board transparency.2745 In conclusion, I hope to gain this Committee's approval to2746join the Amtrak Board because I firmly believe the United2747States needs passenger rail service, and that it can be2748delivered in an efficient and responsible way.2749 Thank you.2750 [The prepared statement and biographical information of Mr.2751Gleason follow:]27522753 Prepared Statement of Robert A. Gleason, Jr., Nominee for Appointment2754 to the Amtrak Board of Directors2755 Thank you Chairman Cruz, Ranking Member Cantwell, and the rest of2756the Committee for allowing me to come before you today.2757 I want to thank Senator David McCormick for introducing me today.2758 I am pleased to have my wife Jeanne and other members of my family2759here supporting me today, as well as Representative John Joyce.2760 My passion for transportation and community development has been a2761lifelong journey--one deeply rooted in my experiences serving in2762government at the county, city, state, and national levels . Growing up2763in Johnstown, Pennsylvania, I saw first hand how transportation systems2764can either connect or isolate communities. It is this personal2765understanding that drives my commitment to bringing better passenger2766rail service to small towns across America.2767 In the first half of the twentieth century, my home town of2768Johnstown was connected to the rest of the world by the Pennsylvania2769Railroad. Trains with iconic names like the Red Arrow, Broadway2770Limited, the Fort Pitt, and the Clevelander, 25 daily passenger trains2771all stopped in Johnstown. I was a regular rail passenger traveling back2772and forth to Philadelphia to attend the University of Pennsylvania's2773Wharton School of Finance and Commerce.2774 Our town was bypassed by the interstate highway system and most2775airlines overflew us. The region began a downhill slide. As passenger2776train service dwindles, we are only served by 2 trains a day.2777 In addition to my personal experiences with the benefits of rail2778connections and the potentially devastating effects of a community not2779being on the main transportation grid, I am honored to be nominated to2780join the Amtrak Board to continue in public service. My civilian2781government experience, makes me well qualified for the role of Amtrak2782Director. I also proudly served our country as a Captain in the United2783States Air Force, for 4 years active duty and 6 years in the Reserves.2784 I currently serve my community as President of the Board of2785Education and I served 10 years as a Borough Councilman.2786 I have served as Secretary of the Commonwealth of Pennsylvania, a2787Member of the Pennsylvania State Transportation Advisory Committee, a2788Member of the Pennsylvania State Transportation Committee and four2789years as a Member of the 5 person Pennsylvania Turnpike Commission. I2790also served as a Member of the National Motor Carrier Advisory2791Committee.2792 In 1982, I was appointed to one of the first state government2793committees in the Nation to study high speed rail. The 9 member2794committee was appointed by Governor Thornburgh with a charge to study2795the feasibility of constructing a high speed passenger rail line from2796Philadelphia to Pittsburgh. This wonderful experience will certainly2797help me as a Member of the Amtrak Board.2798 Economically, passenger rail can be a powerful engine for growth.2799Delivering a rail project generates thousands of construction,2800engineering, and operational jobs. Once operational, trains attract2801riders who spend money in local economies, especially near stations.2802Entire communities can be revitalized by the presence of reliable train2803service.2804 In short, when done right, passenger rail doesn't just move2805people--it drives prosperity.2806 If confirmed as a Director of Amtrak, I will work diligently to2807improve and expand passenger rail service across America in a fiscally2808responsible manner. Amtrak benefits greatly from taxpayer dollars, and2809I will make sure that money is spent in an efficient and productive2810manner. I have spent a lifetime in public service living with2811Pennsylvania's Sunshine Laws, so I am proud to support more board2812transparency.2813 In conclusion, I hope to gain this Committee's approval to join the2814Amtrak Board because I firmly believe the United States needs passenger2815rail service, and that it can be delivered in an efficient and2816responsible way. Thank you.2817 ______28182819 a. biographical information2820 1. Name (Include any former names or nicknames used):28212822 Robert Amos Gleason, Jr.28232824 2. Position to which nominated: Amtrak Board of Directors.2825 3. Date of Nomination: March 11, 2025.2826 4. Address (List current place of residence and office addresses):28272828 Residence: Information not released to the public.2829 Office: Information not provided.28302831 5. Date and Place of Birth: August 10, 1938; Johnstown, PA.2832 6. Provide the name, position, and place of employment for your2833spouse (if married) or domestic partner, and the names and ages of your2834children (including stepchildren and children by a previous marriage).28352836 Spouse: Elizabeth Jeanne Gleason, not employed2837 Children: Jane Elizabeth Gleason--63; Michael Patrick Gleason--2838 61; Robert Amos Gleason, III--59; Jonathan Charles Gleason--5628392840 7. List all college and graduate schools attended, whether or not2841you were granted a degree by the institution. Provide the name of the2842institution, the dates attended, the degree received, and the date of2843the degree.28442845 University of Pennsylvania: 1957-1961; graduated, Bachelor of2846 Science in Economics; June 196128472848 8. List all post-undergraduate employment, including the job title,2849name of employer, and inclusive dates of employment, and highlight all2850management-level jobs held and any non-managerial jobs that relate to2851the position for which you are nominated.28522853 June 1961 to December 1961, Management Trainee, Bell Telephone2854 Company, McKeesport, PA; January 2, 1962-September 1965,2855 Captain, United States Air Force; September 1965-November 1985,2856 Insurance Agent--The Gleason Agency, Johnstown, PA; November,2857 1985-January, 1987 Secretary of the Commonwealth of2858 Pennsylvania, Harrisburg, PA; January 1987-January 2011,2859 President, The Gleason Agency, Johnstown, PA; January 2011-2860 January 2016, President and Chairman of Arthur J. Gallagher and2861 Company Pennsylvania, Johnstown, PA; January 2016-March 2025,2862 Waterford Solutions, LLC, President, Johnstown, PA (self-2863 employed); January 2018-March 2025, Cassidy and Associates,2864 Washington, DC Consultant, independent contractor28652866 9. Attach a copy of your resume. Attached.2867 10. List any advisory, consultative, honorary, or other part-time2868service or positions with Federal, State, or local governments, other2869than those listed above after 18 years of age.28702871 Councilman, Borough of Westmont, Johnstown, PA; 1970-19802872 School Director, Westmont Hilltop School District, August 20222873 to present; Pennsylvania Lawyers Fund for Client Security,2874 2013-2019; Cambria County Industrial Development Authority,2875 2012-2017; Cambria County Economic Development Authority, 2012-2876 2017; Pennsylvania Turnpike Commission, 1993-1997; Pennsylvania2877 State Transportation Commission, 1997-1981; National Motor2878 Truck Carrier Advisory Committee, 1990-1992; Pennsylvania State2879 Transportation Advisory Committee, 1985-1989; Pennsylvania Toll2880 Roads Task Force, 1982-1986; Pennsylvania High Speed Intercity2881 Rail Passenger Commission, 1982-19852882 11. List all positions held as an officer, director, trustee,2883partner, proprietor, agent, representative, or consultant of any2884corporation, company, firm, partnership, or other business, enterprise,2885educational, or other institution.28862887 Pennsylvania School Board Association, Fellow, 2023 to present;2888 Trustee, Kiskiminetas Springs School, Saltsburg, PA 2010-2014;2889 Independent Catholic Foundation, Altoona, PA 1990-2000;2890 Trustee, University of Pennsylvania, 1998-2013; Trustee, St.2891 Francis University, 1978-1988; Trustee, Conemaugh Memorial2892 Medical Center, 1975-2007; Trustee, Conemaugh Health System,2893 2002-2013; Director, U S Route 219 Association, 1981-1991;2894 Greater Johnstown Committee, Director 1981-1999; Johnstown Area2895 Regional Industries, Director 1977-2000; The Council of2896 Insurance Agents and Brokers, Director, 1990-200228972898 12. List all memberships you have had after 18 years of age or2899currently hold with any civic, social, charitable, educational,2900political, professional, fraternal, benevolent or religiously2901affiliated organization, private club, or other membership organization2902(You do not have to list your religious affiliation or membership in a2903religious house of worship or institution). Include dates of membership2904and any positions you have held with any organization. Please note2905whether any such club or organization restricts membership on the basis2906of sex, race, color, religion, national origin, age, or disability.29072908 Sunnehanna Country Club, Johnstown, PA. 1975--present; The2909 Union League, Philadelphia, PA. 2010 to present; The Duquesne2910 Club, Pittsburgh, PA, 1980 to present; Rolling Rock Club,2911 Ligonier, PA 1989 to present; All social with no membership2912 restrictions.29132914 13. Have you ever been a candidate for and/or held a public office2915(elected, non-elected, or appointed)? If so, indicate whether any2916campaign has any outstanding debt, the amount, and whether you are2917personally liable for that debt.2918 No campaign debt.2919 14. List all memberships and offices held with and services2920rendered to, whether compensated or not, any political party or2921election committee within the past ten years. If you have held a paid2922position or served in a formal or official advisory position (whether2923compensated or not) in a political campaign within the past ten years,2924identify the particulars of the campaign, including the candidate, year2925of the campaign, and your title and responsibilities.29262927 The Republican Party of Pennsylvania, Chairman, 2006-2017, not2928 paid The Republican Party of Pennsylvania, State Committeeman,2929 2023 to present29302931 15. Itemize all political contributions to any individual, campaign2932organization, political party, political action committee, or similar2933entity of $200 or more for the past ten years.29342935 2/18/2025--$500, Rob Bresnahan for Congress29362937 10/15/2024--$100, Trump for President29382939 9/19/2024--$100, Rob Bresnahan for Congress29402941 9/17/2024--$100, Rob Mercuri for Congress29422943 8/31/2024--$100, Mike Lawler for Congress29442945 8/8/2024--$500, Mercuri for Congress29462947 5/8/2024--$100, Trump for President29482949 5/17/2025--$1000, Greg for Judge29502951 5/17/2025--$2000, Cambria County Republican Committee29522953 5/11/2024--$5000, Republican Party of Pennsylvania29542955 5/22/2024--$250, Gill for PA29562957 7/2/2024--$250, Citizens for Greg29582959 8/1/2024--$1000, Friends of Glenn Thompson29602961 8/9/2024--$500, Committee to Elect Jim Rigby29622963 9/18/2024--$1000, Cambria County Republican Committee29642965 10/10/2024--$500, Friends of Jesse Topper29662967 11/10/2024--$1000, Friends of Kim Ward29682969 12/4/2024--$2500, Hunt/Rager for Commissioner29702971 12/11/2024--$500, Citizens for Greg29722973 2/15/2025--$500, Committee to Elect Don Robertson29742975 10/16/2023--$5000, Cambria County Republican Committee29762977 10/26/2023--$500. Friends of Dave McCormick29782979 10/25/2023--$500, Mercuri for Congress29802981 10/23/2023--$500, Republican Party of Philadelphia29822983 11/20/2023--$1000, Friends of Scott Hunt29842985 12/1/2023--$1000, Citizens for Keith Rager29862987 11/29/2023--$1000, Cambria County Republican Committee29882989 12/20/2023--$500, Gill for PA29902991 2/2/2024--$1500, Republican Party of Pennsylvania29922993 2/20/2024--$1000, Republican Party of Pennsylvania29942995 11/2/2022--$1000, Citizens for Greg29962997 1/16/2023--$1000, Cambria County Republican Committee29982999 1/20/2023--$1000, Pennsylvania Opportunities PAC30003001 3/15/2022--$1000, Friends of GT Thompson30023003 4/18/2022--$1000, Bill McSwain for Governor30043005 4/23/2022--$1000, Friends of GT Thompson30063007 12/12/2021--$1500, Citizens for Gregg30083009 12/16/2021--$5000, Bill McSwain for Governor30103011 12/16/2021--$1000, Garrity for Pa30123013 1/12/2022--$1000, Cambria County Republican Committee30143015 4/14/2023--$100, Brian Subich for District Judge30163017 5/4/2023--$2000, Cambria County Republican Committee30183019 5/8/2023--$1000, Commonwealth Leaders Fund30203021 5/17/2023--$1000, Freedom Pa Pac30223023 6/20/2023--$1000, Friends of Joe Rocky30243025 6/20/2023--$3000, Great American PA Fund30263027 6/11/2022--$1000, Take Back the House30283029 8/25/2023--$1000, Friends of Jeremy Shaffer30303031 10/18/2022--$526, Oz Victory Fund30323033 8/18/2021--$1500, Cambria County Republican Committee30343035 8/18/2021--$500, Friends of Stacey Wallace30363037 10/07/2021--$500, Sean Parnell for Senate30383039 10/12/2021--$3000, Citizens for David Oh30403041 8/23/2021--$2500, Friends of Glenn Thompson30423043 9/16/2021--$1000, Great American Pennsylvania Fund30443045 12/13/2020--$100, Friends of Scott Hunt30463047 8/22/2021--$500, Committee to Elect Don Robertson30483049 9/2/2021--$1000, Committee to Elect Frank Burns30503051 10/18/2021--$2500, Friends of Martina White30523053 2/22/2022--$5000, Republican River Wards PAC30543055 3/22/2022--$1500, Committee to elect Jim Rigby30563057 3/22/2022--$100, Pa Ag Republicans30583059 4/12/2022--$1000, Friends of Stephen Schlauc30603061 4/16/2022--$500, Citizens for Greg30623063 4/23/2022--$500, Friends of Sam Orpeza30643065 5/9/2020--$10,000, Republican River Wards PAC30663067 5/6/2021--$5000, Republican Party of Pennsylvania30683069 6/14/2021--$1000, Guy For PA30703071 6/14/2021--$1000, Don Bacon for Congress30723073 7/13/2021--$250, Friends of Scott Hunt30743075 12/18/2020--$1000, Garrity for Pa30763077 4/28/2021--$500. Friends of Laura Hugel30783079 16. List all scholarships, fellowships, honorary degrees, honorary3080society memberships, military medals, and any other special recognition3081for outstanding service or achievements.30823083 Distinguished Alumnus, Kiskiminetas Springs School, Sigma Chi3084 Fraternity, Significant Sig, Cambria County Business Hall of3085 Fame30863087 17. List all books, articles, columns, letters to the editor,3088Internet blog postings, or other publications you have authored,3089individually or with others. Include a link to each publication when3090possible. If a link is not available, provide a digital copy of the3091publication when available.3092 Attached.3093 18. List all speeches, panel discussions, and presentations (e.g.,3094PowerPoint) that you have given on topics relevant to the position for3095which you have been nominated. Include a link to each publication when3096possible. If a link is not available, provide a digital copy of the3097speech or presentation when available.3098 Attached.3099 19. List all public statements you have made during the past ten3100years, including statements in news articles and radio and podcasts and3101television appearances, which are on topics relevant to the position3102for which you have been nominated, including dates. Include a link to3103each statement when possible. If a link is not available, provide a3104digital copy of the statement when available.3105 Attached.3106 20. List all digital platforms (including social media and other3107digital content sites) on which you currently or have formerly operated3108an account, regardless of whether or not the account was held in your3109name or an alias. Include the full name of an ``alias'' or ``handle'',3110including the complete URL and username with hyperlinks, you have used3111on each of the named platforms. Indicate whether the account is active,3112deleted, or dormant. Include a link to each account if possible.31133114 Facebook: https://facebook.com/robert.gleason.54331153116 X: Rob Gleason @raindance1631173118 Instagram: @Robert.Gleason31193120 LinkedIn: https://linkedin.com/in/rob-gleason-7718443331213122 21. Please identify each instance in which you have testified3123orally or in writing before Congress in a governmental or non-3124governmental capacity and specify the date, committee, and subject3125matter of each testimony. I testified in 2000 as President of The3126Council of Insurance Agents and Brokers.3127 I do not have details.3128 22. Given the current mission, major programs, and major3129operational objectives of the department/agency/commission/corporation3130to which you have been nominated, what in your background or employment3131experience do you believe affirmatively qualifies you for appointment3132to the position for which you have been nominated, and why do you wish3133to serve in that position?3134 The main line of the Pennsylvania Railroad, now Norfolk and3135Southern, passes through my hometown of Johnstown, PA. In the 1950s,3136Johnstown was served by 25 passenger trains connecting the region to3137the entire United States of America. As a young man I rode the train to3138Philadelphia while attending the University of Pennsylvania. Today3139Johnstown and all of Pennsylvania West of Harrisburg is served by only3140two AMTRAK trains. This is true of most of the United States outside3141the Northeast corridor. Our nation needs more passenger train service.3142 On February 22, 2025, my wife and I rode the AUTO TRAIN from3143Virginia to Florida as we have many times. We have ridden the Pacific3144Coast Starlight, the cross-country California Zephyr, the3145Pennsylvanian, Northeast Corridor trains and others.3146 I was a member of the first government committee to study high3147speed trains in 1982. Governor Dick Thornburgh appointed me to the3148HIGH-SPEED INTERCITY RAIL PASSENGER COMMISSION which studied the3149feasibility of high speed rail from Philadelphia to Pittsburgh.3150 I have had long experience in transportation. I served as a member3151of the Pennsylvania Turnpike Commission, Pennsylvania State3152Transportation Commission, Pennsylvania State Transportation Advisory3153Committee, Pennsylvania Toll Roads Task Force, National Motor Carrier3154Advisory Committee, and as Pennsylvania Secretary of the Commonwealth.3155 Most nations of the world have effective, comprehensive passenger3156train service. It is time for the United States to become a leader in3157passenger transportation.3158 23. What do you believe are your responsibilities, if confirmed, to3159ensure that the department/agency/commission/corporation has proper3160management and accounting controls, and what experience do you have in3161managing a large organization?3162 I am a graduate of the Wharton School of Finance and Commerce of3163the University of Pennsylvania. I have operated my own insurance agency3164for many years. I served as Chairman of the Council of Insurance Agents3165and Brokers, an organization of all the major national insurance3166brokers. I served as Chairman and CEO of the Conemaugh Health System in3167Johnstown, PA. I served as Chairman of the Republican Party of3168Pennsylvania, elected by and represented 3.3 million Republicans. I3169served as a Trustee of the University of Pennsylvania, who employs317018,000 people. I currently am President of the Westmont Hilltop School3171District Board of Education. We service a community of 15,000 with a3172budget of $28M.3173 24. What do you believe to be the top three challenges facing the3174department/agency/commission/corporation, and why? Funding; convincing3175the public to ride passenger trains; keeping up with new technologies.3176 b. potential conflicts of interest3177 1. Describe all financial arrangements, deferred compensation3178agreements, and other continuing dealings with business associates,3179clients, or customers. Please include information related to retirement3180accounts, such as a 401(k) or pension plan. None.3181 2. Do you have any commitments or agreements, formal or informal,3182to maintain employment, affiliation, or practice with any business,3183association, or other organization during your appointment? If so,3184please explain.3185 Consultant with Cassidy and Associates, Washington, DC. I am an3186independent contractor.3187 3. Indicate any investments, obligations, liabilities, or other3188relationships which could involve potential conflicts of interest in3189the position to which you have been nominated. Explain how you will3190resolve each potential conflict of interest. None.3191 4. Describe any business relationship, dealing, or financial3192transaction which you have had during the last ten years, whether for3193yourself, on behalf of a client, or acting as an agent, that could in3194any way constitute or result in a possible conflict of interest in the3195position to which you have been nominated. Explain how you will resolve3196each potential conflict of interest. None.3197 5. Identify any other potential conflicts of interest and explain3198how you will resolve each potential conflict of interest. None.31996. Describe any activity during the past ten years, including the3200 names of clients represented, in which you have been engaged3201 for the purpose of directly or indirectly influencing the3202 passage, defeat, or modification of any legislation or3203 affecting the administration and execution of law or public3204 policy. None.3205 c. legal matters3206 1. Have you ever been disciplined or cited for a breach of ethics,3207professional misconduct, or retaliation by, or been the subject of a3208complaint to, any court, administrative agency, the Office of Special3209Counsel, an Inspector General, professional association, disciplinary3210committee, or other professional group? If yes:32113212 a. Provide the name of the court, agency, association, committee, or3213 group;32143215 b. Provide the date the citation, disciplinary action, complaint, or3216 personnel action was issued or initiated;32173218 c. Describe the citation, disciplinary action, complaint, or3219 personnel action;32203221 d. Provide the results of the citation, disciplinary action,3222 complaint, or personnel action.3223 No3224 2. Have you ever been investigated, arrested, charged, or held by3225any Federal, State, or other law enforcement authority of any Federal,3226State, county, municipal, or foreign government entity, other than for3227a minor traffic offense? If so, please explain. No.3228 3. Have you or any business or nonprofit of which you are or were3229an officer ever been involved as a party in an administrative agency3230proceeding, criminal proceeding, or civil litigation? If so, please3231explain. No.3232 4. Have you ever been convicted (including pleas of guilty or nolo3233contendere) of any criminal violation other than a minor traffic3234offense? If so, please explain. No.3235 5. Have you ever been accused, formally or informally, of sexual3236assault, sexual harassment, or discrimination on the basis of sex,3237race, religion, or any other basis? If so, please explain. No.3238 6. Please advise the Committee of any additional information,3239favorable or unfavorable, which you feel should be disclosed in3240connection with your nomination. None.3241 d. relationship with committee3242 1. Will you ensure that your department/agency/commission/3243corporation complies with deadlines for information set by3244congressional committees, and that your department/agency/commission/3245corporation endeavors to timely comply with requests for information3246from individual Members of Congress, including requests from members in3247the minority? Yes.3248 2. Will you ensure that your department/agency/commission/3249corporation does whatever it can to protect congressional witnesses and3250whistleblowers from reprisal for their testimony and disclosures? Yes.3251 3. Will you cooperate in providing the Committee with requested3252witnesses, including technical experts and career employees, with3253firsthand knowledge of matters of interest to the Committee? Yes.3254 4. Are you willing to appear and testify before any duly3255constituted committee of the Congress on such occasions as you may be3256reasonably requested to do so? Yes.32573258 Attachments32593260[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]32613262 Chairman Cruz. Thank you, Mr. Gleason.3263 All right. Mr. Fink, we will start with you. You served as3264the head of the largest Class II railroad in the United States.3265Like all rail executives, you faced safety challenges, and I3266imagine you learned a great deal.3267 In your opening statement you made a point of describing3268the Federal Railroad Administration's primary mission as3269``safety first.'' How does your professional experience shape3270your perspective on rail safety, and what should the FRA be3271doing to improve the safety of the rail system?3272 Mr. Fink. Thank you for the question, Senator. In my career3273I really wanted to work toward zero injuries and zero3274accidents, and that was a push when I was at Pan Am. Another3275thing I really wanted to work on was a cooperative and3276collaborative relationship. In that area, I worked very closely3277with all of our operating labor unions, and would have 163278meetings per year in the field with my staff, meeting with the3279general chairman and local chairman and any people that had3280safety issues.3281 When we first started doing that, about 10 years ago, there3282was a lot of, I will say, friction, between the parties. We3283fixed a lot of the issues that were safety related, and as we3284came toward the merger with CSX we were down to just a handful3285of issues. So working cooperatively and collaboratively was3286important.3287 I also think it is important that as railroad management we3288used tools that are available to us. Our railroad volunteered3289two times to do a safety culture assessment with the Short Line3290Safety Institute. We were one of the original pilot project3291people, where the Safety Institute came in and looked to see if3292we had a safety culture, which, when they came in in 2015, they3293said we had a safety culture; it was a work in progress. We had3294another one in 2018. We still had work to do, but things that3295needed to be discussed and things that needed to be worked on,3296as senior management engaged in safety and wants to see a safe3297workplace, and they found that we did. Are we giving people the3298tools they need to do their work, and then we found that we3299did.3300 We were one of the only railroads, I think, that has done3301two of these assessments, while some of the larger railroads3302have not done any.3303 So our business is very unforgiving. If something goes3304wrong it can lead to a catastrophic injury or fatality. So3305every day we need to be out there, stretching for zero injuries3306and zero accidents.3307 Chairman Cruz. Thank you. Mr. Fogel, you have extensive3308experience in international business and trade. What are some3309of the non-tariff barriers to trade that limit our exports, and3310how do you plan to address them?3311 Mr. Fogel. Sure. Thank you, Senator. This is something that3312is very eye-opening to me. I have been learning quite a bit3313about it. I think it would surprise some people to know that we3314are importing $3 billion of beef from Australia, at least last3315year, and we are exporting zero dollars of American beef to3316Australia.3317 Chairman Cruz. As a Texan, that pisses me off.3318 Mr. Fogel. Of course. That is why I mentioned it. I started3319with beef. But Argentina, same problem. Because of a regulation3320that is in place in Argentina regarding mad cow disease from33212002, we still can't export beef to Argentina. Cars to Japan,3322South Korea, Germany. We are not selling American cars there3323due to various import requirements.3324 So these are more insidious. The non-tariff barriers are3325more insidious than tariffs. Tariffs are simple to understand,3326difficult to deal with. But I think non-tariff barriers are3327even more challenging.3328 The professional team at Global Markets have years of3329experience dealing with this. I look forward to working with3330them to bring these barriers down under President Trump's3331leadership.3332 Chairman Cruz. Thank you. Mr. Gentin, the Department of3333Commerce manages Federal spectrum allocation through the3334National Telecommunications and Information Administration,3335NTIA. As General Counsel, you may be asked to advise on NTIA's3336legal authority to reallocate spectrum for commercial use. I am3337hoping you can address the legal safeguards that are in place3338now to mitigate supposed national security risks due to3339reallocation.3340 One key authority is the Commercial Spectrum Enhancement3341Act, which is 47 USC Section 928, which established a Spectrum3342Relocation Fund, to compensate agencies for relocating or3343upgrading systems for spectrum sharing. No Federal user,3344including the Department of Defense, can be displaced without a3345fully funded, OMB-approved transition plan.3346 Similarly, according to statute, DoD shall not surrender3347its frequencies unless and until NTIA identifies alternative3348bands with comparable technical characteristics. These3349alternative bands must be jointly certified by the Secretary of3350Defense and the Chairman of the Joint Chiefs.3351 Mr. Gentin, do you agree that these legal requirements3352mitigate national security risks due to the reallocation of3353spectrum?3354 Mr. Gentin. Thank you, Senator. Yes, I very much do agree.3355I think there is no question that the statutory protections for3356spectrum that is associated with national security are very3357robust and strong, and if I am honored to be confirmed, I will3358certainly focus on ensuring that those strictures are observed.3359 Chairman Cruz. Great. OK. Final question, Mr. Gleason, for3360you. Amtrak has typically received between $1 billion and $33361billion annually in government subsidies, but the3362Infrastructure, Investment, and Jobs Act of 2021 provided up to3363$66 billion in additional funding. Needless to say, Congress3364wants to ensure that money is being well spent, especially now3365that certain projects like the Gateway Program and the3366Baltimore Tunnel have ballooned in costs.3367 But just last week, an internal investigation by Amtrak's3368Officer of the Inspector General uncovered a $12 million health3369care fraud scheme involving 119 employees, the largest criminal3370conspiracy in Amtrak's history.3371 Will you commit to vigilantly ensuring that Amtrak funds3372are used efficiently and in accordance with law?3373 Mr. Gleason. Absolutely.3374 Chairman Cruz. And do you also commit to ensuring that3375Amtrak executive compensation, benefits, and bonuses are3376appropriate and based on measurable metrics such as ridership,3377revenues, and safety?3378 Mr. Gleason. I would have it no other way.3379 Chairman Cruz. Thank you. Senator Peters.3380 Senator Peters. Thank you, Mr. Chairman. Mr. Gentin, my3381first question is for you, sir. At last week's hearing I raised3382concerns with the Administration's attempt to basically find a3383back door to abolish the Manufacturing Extension Partnership3384Program, and on top of that, on Friday, the Michigan High-Speed3385Internet Office heard from the Department of Commerce that they3386were terminating funding for their Digital Equity Grant3387Program. That is formula funding that has already been awarded3388to local communities, and has already been spent by those3389communities in the state of Michigan. Basically, what it does3390is it increases adoption of high-speed internet, raises3391awareness about cybersecurity, particularly for vulnerable3392groups like our seniors, digital skills workshop training, as3393well as educating consumers on online privacy, just to name a3394few.3395 The Federal Government, in my view, and I think the view of3396the courts, as well, can't promise funding to a community and3397then simply refuse to pay when the bill actually shows up. Both3398of these programs, the Manufacturing Extension Partnership and3399the Digital Equity Grant Program, are authorized and fully3400funded, clearly and very specifically by Congress.3401 You have been nominated to fulfill the role of the top3402legal advisor to the Department of Commerce. So my question is,3403I think, is fairly simple and straightforward. Without input3404from Congress, is it legal for the Administration to simply3405cancel funding for authorized and fully appropriated programs3406put into law by the U.S. Congress?3407 Mr. Gentin. Thank you very much, Senator. I am not yet3408confirmed as General Counsel of the Department of Commerce, and3409I certainly recognize the importance of the issues you have3410raised, and you raised in the prior hearing. I have not been3411involved in either advising or implementing the actions that3412you describe. I certainly would prioritize, if I am honored to3413be confirmed, looking at those issues, looking into those3414issues, working with the relevant bureau leadership and with3415counsel at the Department of Commerce.3416 Senator Peters. Well, I understand, and I tried to3417highlight a little bit of the issue. I understood that you are3418not there now, so I fully appreciate that point. But this is3419basically just a legal question, that if Congress has3420authorized funding, by law, can the Administration just say,3421``Sorry, we're not going to do it''? Aren't they supposed to3422faithfully execute the laws of the United States of America?3423 Mr. Gentin. Senator, I hear you loud and clear. I think if3424I am confirmed, I will make it a priority to look into those3425issues. I have not, as I say, advised on or been a part of3426implementing the actions that you describe.3427 Senator Peters. Well, if confirmed, we will reach out and3428we will have those conversations, and hope you would commit to3429doing that.3430 Mr. Gentin. Thank you, Senator.3431 Senator Peters. Mr. Fink, in 2022, before Pan Am Railways3432became part of CSX, an FRA audit found, ``significant safety3433issues are not receiving the serious and thoughtful3434consideration by railroad leadership that Pan Am's employees3435and the public deserve.'' That was in 2022. I think you left3436shortly thereafter from the railroad, as well.3437 This was on top of court cases that occurred during your3438time at Pan Am that found, ``a culture of intimidating3439employees,'' and that as of 2017, ``99 percent of injuries at3440Pan Am that were reportable to the FRA triggered formal charges3441against injured employees.''3442 So based on what I look at as a very concerning record from3443these audits, I have a couple of questions for you. First, do3444you accept the FRA's findings about Pan Am's railroad safety3445failings?3446 Mr. Fink. No, sir, I do not, and thank you for the3447question. The safety audit was done in 2022, and there were3448some issues that I took with it. First off I would say there3449was a statement about our lack of a safety culture. We are the3450only railroad that has done two safety culture audits, I think,3451in the country, and we took the information that we got from3452that and we improved on our safety. So when they said we didn't3453have a safety culture, I just disagree, and that is just not3454true.3455 We also worked very closely with organized labor--I did--143456times per year, going out into the field and meeting with the3457people and finding out what the issues were that were out3458there, whether it would be walking issues or tripping hazards3459or situations with locomotives, and we would correct those3460things, or situations in the shop, to try to make things safer.3461And that is where our employees came with their union3462representatives and we talked about those things and made3463things better.3464 Senator Peters. So if I may, you have an audit that has a3465number of findings and recommendations. Do you believe if you3466get an audit like that you should respect that audit and at3467least answer the audit and show exactly, in a concrete way, as3468to how you are addressing the findings?3469 Mr. Fink. Yes, sir, and our folks did do that, and wrote a3470letter back to the FRA, and was working with them all along on3471these issues. And the audit popped up because we had an awful,3472tragic accident with a 41-year employee, long-term employee,3473that lost his life working for our company. And that triggered3474the audit. The audit went through a lot of different items, and3475I took exception to the lack of a safety culture. They came in3476and they looked at things. There were definitely some defects.3477It was a 49-page audit, and they came up after that with two3478violations.3479 Senator Peters. But I want to say, just in my remaining3480time here, do you accept that when an audit--you have to take3481it seriously.3482 Mr. Fink. Oh, sir----3483 Senator Peters. Because as you know, for the FRA, we can't3484have a culture where railroads say, ``Oh, I got a bad audit,3485but, you know, I just disagree with everything there. Forget3486it.'' We cannot have that when it comes to safety. I mean, you3487heard my opening remarks. This is personal, as well. We have3488people that are seriously injured and die. Safety has to be3489paramount. And someone who dismisses audits or thinks they are3490just unjustified on a regular basis, I have real concerns3491about.3492 So please assure me and the Committee that these audits are3493something that you will aggressively enforce when it comes to3494talking to the railroads.3495 Mr. Fink. Absolutely, sir. I did not want to lightly talk3496about that. I took exception with some of the items that were3497in the audit. I will definitely work on those. Safety is the3498first importance in the discharge of duty, and I do not, will3499not waver from that, at all, as Administrator.3500 Senator Peters. Thank you. Thank you, Mr. Chairman.3501 Chairman Cruz. Thank you, and Mr. Fink, I agree with you3502and Senator Peters, that safety has to be first. What was your3503railroad's objective record when it came to safety and3504accidents compared to your peers?3505 Mr. Fink. So when I look at our objective record over the3506last 10 years that I was there, with the railroads in our3507class, the Class II, there were 11 railroads. We came in third.3508In the Olympics that is a bronze medal. I would love a gold,3509but a bronze isn't bad, and we are always working to do things3510better every day.3511 Chairman Cruz. So your safety record was significantly3512better than the majority of your peers. Is that accurate?3513 Mr. Fink. That is absolutely accurate.3514 Chairman Cruz. Senator Moran.35153516 STATEMENT OF HON. JERRY MORAN,3517 U.S. SENATOR FROM KANSAS35183519 Senator Moran. Chairman, thank you. Mr. Fink, let me begin3520with you. Railroad safety is what we are talking about, and I3521want to continue in that vein. Freight rail has always had, and3522already has, a high safety record, but we know improvements3523could be made, as you have said. In my view, one of the3524simplest and easiest ways would be to modernize FRA's3525regulatory approach and allow railroads to innovate and deploy3526safety technologies across the network. If confirmed, will you3527commit to ensuring FRA becomes a valued partner, a partner with3528the railroads, in incorporating new technologies and processes3529into the system?3530 Mr. Fink. Thank you for the question, Senator. It was nice3531bumping into you this morning at the cafeteria.3532 Yes, absolutely. Technology, I think is important. We have3533a lot of items out there that can make a safe railroad even3534safer. I want to work with the parties involved, certainly work3535with the Office of Safety, continue to gather data, making sure3536that this technology that we put out there is going to be3537failsafe and it is going to be better than what we have today.3538 Senator Moran. We have utilized, in Kansas, the FRA's3539Corridor ID Program. That is a program that has allowed3540communities the opportunity to examine passenger rail planning3541and development to assess new routes needed in order to3542adequately connect unserved or underserved communities. We have3543benefited in that over the years, that program over the years,3544with our year-long effort of extending Amtrak's Heartland3545Flyer. Heartland Flyer would connect to Oklahoma City, which3546then connects to Fort Worth. That would benefit our entire3547state, but Wichita and Newton, Kansas, would become significant3548beneficiaries.3549 If confirmed, will you commit to supporting the Corridor ID3550Program, particularly as our Kansas Department of3551Transportation and its partners prepare to advance the second3552step of that effort?3553 Mr. Fink. Senator, thank you for the question. I am not3554familiar with the Corridor ID Program. I am looking forward to3555sitting down and learning about all the different programs. I3556have read about a lot of different programs. I have worked with3557Amtrak over our career. We ran 12 Amtrak trains a day on our3558little railroad. We were a preferred host of Amtrak.3559 So I look forward to working with the Amtrak management and3560looking at how we are going to work on and improve the national3561network for Amtrak. So you have my word on that. But I need to3562get there and check these programs out, and I would be happy to3563report back to you.3564 Senator Moran. Mr. Fink, I am happy to highlight the3565program to you and allow you to do that. Thank you.3566 Mr. Fink. Thank you.3567 Senator Moran. Let me ask Mr. Gleason. The support of long-3568distance passenger rail, I have had this conversation with3569nearly every nominee while I have been in the Senate and on3570this Committee, about their commitment to long-distance3571passenger rail service. I, on occasion, have utilized the3572Northeast Corridor, but I want to make certain that the3573railroads that serve the vast geography of our country are not3574overlooked. Tell me about your commitment to long-distance3575passenger rail?3576 Mr. Gleason. I am committed. I have ridden long-distance3577trains. I rode the California Zephyr from Chicago over to San3578Francisco, and the Pacific Coastliner, and use the Auto Train3579on a regular basis. We do need that. We absolutely need that.3580 And I think that you know,you know what your state needs,3581and I look forward to working with you in order to provide the3582necessary passenger rail for your state. We need more passenger3583rail, I believe, in this country.3584 Senator Moran. Thank you. Mr. Gentin?3585 Mr. Gentin. Yes, Senator.3586 Senator Moran. I have asked this question of nominees for3587General Counsels at the departments that I serve on committees3588and have jurisdiction over, and it is this. Would you confirm3589to me that if asked you would provide your client, the3590Department, with advice that requires them to follow the law,3591and the law as defined in court orders and decisions? And the3592point here is to recognize that those court orders and3593decisions are required to be followed.3594 Mr. Gentin. Yes, I would, Senator.3595 Senator Moran. Without exception?3596 Mr. Gentin. Yes, Senator.3597 Senator Moran. Thank you. Thank you, Mr. Chairman.3598 Chairman Cruz. Thank you. Senator Klobuchar.35993600 STATEMENT OF HON. AMY KLOBUCHAR,3601 U.S. SENATOR FROM MINNESOTA36023603 Senator Klobuchar. Thank you very much, Mr. Chairman. I3604will start with you, Mr. Fogel. I enjoyed our discussion3605yesterday. As I explained, I have long done work in the area3606with Foreign Commercial Service, and really believe that it is3607an opportunity, especially for small businesses that may not3608have full-time trade experts, to access markets. And I have3609numerous examples from my own state, that we discussed.3610 National Rural Export Center in Fargo, you wouldn't think I3611would be asking about Fargo, but it is right next to Minnesota,3612to the point I call it Moorhead-Fargo, but Senator Hoeven may3613disagree.3614 So Senator Hoeven and I have been leading efforts to3615permanently establish a Rural Export Center within the U.S.3616Commercial Service to help rural businesses export their3617products. I suggested at some point you should talk to him3618about it.3619 Could you talk about the importance of rural exports and3620the work that is done in the Department in the U.S. and Foreign3621Commercial Service when it comes to rural?3622 Mr. Fogel. Sure. Thank you, Senator, and like you said, it3623was great speaking with you yesterday.3624 Look, the Foreign Commercial Service plays an essential3625role in trade, and you mentioned the Rural Export Centers.3626Agriculture is a key issue. It is a priority of President3627Trump. The agriculture trade deficit went up significantly in3628the last 4 years, and he has made it a priority to bring that3629down. We are already starting to see results with the U.K., and3630I think we will see more with other trade framework deals that3631the President and his team will enter into.3632 But there is a big role for the Foreign Commercial Service,3633the U.S. Commercial Service to play. What they do, as you3634alluded to, is help educate small businesses in particular, but3635all businesses, for exports, what markets to export to, how to3636deal with non-tariff barriers, import restrictions, et cetera.3637And as we talked about, if you are a small business owner and3638you have never exported before, you really need expertise to3639help get you over the hump.3640 Senator Klobuchar. Of course, I am very concerned about the3641effect of these tariffs. I am not going to spend my precious 53642minutes on this. Maybe I will ask you more later, just on3643farming, with soybeans especially, already the market in China3644was down to only 20 percent of the market. The rest went to3645Brazil from the last Trump administration, and now they are3646concerned they are going to lose it all over. So I hope that we3647can get in a better place, but it has been a real problem for3648farmers.3649 Next up, Mr. Gleason, last year Amtrak launched the new--I3650don't know if you know about this--the Borealis Line, which3651runs along the Empire Builder route, and they added a second3652daily train from St. Paul to Chicago. There was only one, and3653that was always a problem when there was just one. And3654interestingly enough, there are 11 stops in between. The3655ridership exceeded expectations. It has reached 100,000 riders3656in the first 5 months. And in your testimony you discussed the3657economic importance of passenger rail to the towns they serve.3658This stops at 11 stops. Three are in Minnesota--St. Paul, Red3659Wing, home of Red Wing Shoes, and Winona.3660 Will you commit to working to improve and maintain3661passenger rail on long-distance routes that connect rural areas3662to urban centers?3663 Mr. Gleason. Absolutely, and that story of the Borealis is3664amazing. And it just shows that the people of America, they3665will ride the trains if they are there. So absolutely, I am3666committed to that.3667 Senator Klobuchar. OK. There is another train that we are3668looking at. It has been long in the making. It is a long and3669existing route that I ask you to look at if you are confirmed.3670It is Northern Lights Express. It is in Representative3671Stauber's district, pretty much in northern Minnesota,3672Republican Representative. But it goes from the Twin Cities up3673to Duluth. It is not running yet but it is something that was3674one of the next-up situations, which would not involve building3675a lot of track. It is existing use for shipping and the like.3676And there are many colleges up in Duluth, and it is kind of a3677growing area and big tourist area, and also the same thing,3678routes along the way. There is a lot of interest. So if you3679could look at that I would appreciate that.3680 Mr. Gleason. Certainly.3681 Senator Klobuchar. Thank you. And then last up, Mr. Fink.3682Blocked rail crossings have always been one of my priorities,3683just because we have so much shipping going on in Minnesota. We3684are the fourth-biggest ag exporter in the country. We've got3685tons of other manufacturing, things we are making. We go to3686ports, the Port of Duluth a lot, and then we go down the river,3687down the Mississippi River.3688 And as you noted in your testimony, FRA's grant programs3689are a way to ensure safety and efficiency. The Railroad3690Crossing Elimination Grant does just that by supporting3691projects that eliminate at-grade crossings. We have had a3692number of really, really positive projects where we have3693eliminated a rail crossing where there have been a lot of3694deaths or accidents, by going under underpasses, overpasses,3695you name it.3696 Do you commit to addressing blocked railways and ensuring3697funds appropriated to the RCE are spent as directed by3698Congress?3699 Mr. Fink. Thank you very much for the question, Senator. In3700my previous job, the majority of the questions I would get from3701congressional staff was, ``Why is your train blocking our3702crossing?'' So I understand it from the railroad side, and now3703I am going to learn it from the FRA side.3704 It is important. My interview with Secretary Duffy, that is3705the second question he asked me, ``Why can't railroads not3706block crossings,'' and we explained some of the idiosyncrasies3707of that. That is going to be an important continued data-3708gathering. I think the grant programs are important, and we3709have seen some real progress, and I think this technology is3710another piece of where technology will be able to help us with3711block crossings. You have my commitment. We are going to be3712working on that right away.3713 Senator Klobuchar. OK. Thank you very much. Thank you, and3714I will ask you, Mr. Gentin, questions in writing. Thank you.3715 Chairman Cruz. Thank you. Senator Capito.37163717 STATEMENT OF HON. SHELLEY MOORE CAPITO,3718 U.S. SENATOR FROM WEST VIRGINIA37193720 Senator Capito. Thank you, Mr. Chairman, and thank all of3721you for being here, and thank you for the visits to my office.3722I very much appreciate that.3723 Mr. Gentin--you said it is a hard G; did I get that right?3724 Mr. Gentin. It is Gentin, Senator.3725 Senator Capito. Gentin. Sorry. Several West Virginia3726companies are seeking rulings from Commerce on anti-dumping and3727countervailing duty orders to protect against unfair trade3728practices. Given the increased use of third-party countries to3729circumvent our trade laws, how will you ensure that the3730Department of Commerce effectively enforces anti-dumping and3731countervailing duty orders to protect our U.S. industries from3732unfair trade practices?3733 Mr. Gentin. Thank you, Senator. I think the President and3734Secretary Lutnick have been very clear that one of their goals3735is to ensure that the United States is treated with fairness3736and respect in the global trade regime. If I am honored to be3737confirmed by this body I will certainly work with the3738leadership of ITA and BIS, along with counsel at the Department3739of Commerce, to ensure that West Virginians and other Americans3740are treated fairly by foreign companies.3741 Senator Capito. Thank you. I don't know if you know this in3742the depth that you will once you are confirmed, but what legal3743standards need to be met by the Department of Commerce when3744they are initiating a trade investigation?3745 Mr. Gentin. Senator, that is not something I have delved3746into in my current situation, but I am glad to look into that3747and prioritize that if I am confirmed.3748 Senator Capito. Thank you. Mr. Fogel, welcome, and I know3749from your private sector background and prior public service3750you appreciate the need for more investment here, domestic3751investment, certainly on the emerging tech side. Cutting-edge3752technology requires infrastructure to support it. And I will3753put a plug in for my state, as an excellent place to make those3754investments.3755 What vetting steps would you take to ensure that bad actors3756or national security threats do not gain a foothold here while3757ensuring we are open for business? In other words, the vetting3758process of figuring out where the investment is coming from.3759 Mr. Fogel. Right. Well, thank you, Senator. It was nice3760meeting with you. Absolutely, what you are talking about is3761really important. On the export side--I know you are asking3762about investment--I am a huge advocate for exports because the3763Global Markets team is responsible for exports. But, at the3764same time, we need to be careful that we are not just exporting3765for exports' sake. We need to be mindful that we are not3766sharing technology, proprietary technology, with bad actors,3767particularly China.3768 On the investment side, as well, although it is not really3769the responsibility of the Global Markets team, I would want to3770work with my interagency colleagues as well as my colleagues at3771Commerce to make sure that the foreign investment coming in is3772not being used for any kind of insidious purpose.3773 Senator Capito. Yes, thank you. I think that is an3774important aspect as we look to the future.3775 On rail safety, Mr. Fink, you and I talked about the3776accident that occurred in Ohio, or just outside the boundaries3777of West Virginia, and the impacts that it had on major3778railroads and major railroad safety. What can we do to make3779sure that the safety measures--we didn't pass a rail safety3780bill--but the safety measures that you learn, lessons learned3781from NTSB and others are quickly and effectively implemented by3782the railroads to prevent future accidents?3783 Mr. Fink. Thank you for the question, Senator. The East3784Palestine derailment was an awful tragedy that really should3785not have happened, and with technology to stop it from3786happening, but it happened. I think the railroads have3787voluntarily put more sensors out there to see if certain3788bearings are heating up, and stop the train so we don't have3789the same thing happen in East Palestine.3790 And there are other things that I look forward to. You3791know, my job is the enforcer of the laws that you pass. So when3792you pass a law, we will look at it, and the FRA will enforce3793that law, whatever you come down with on what we should be3794doing on different items of rail safety. And I look forward to3795that happening, if confirmed.3796 Senator Capito. Thank you. And Mr. Gleason, thank you for3797the visit, as well, and we talked about the lines that go3798through West Virginia, the Cardinal, which only runs 3 days a3799week, which we would like to get that service up, going out to3800Chicago, and then the Capitol Limited, which a lot of West3801Virginians use to commute into D.C. quite frequently.3802 You know, I didn't tell you this. I actually forgot about3803this. But I do want to thank Amtrak because over the last3804several years they have improved the access into the boarding3805stations for folks with disabilities and modernized those, even3806in the couple, like in Montgomery, West Virginia, which is a3807smaller town, made it so that people could easily access. And3808that, I think, to me, is extremely important as you are looking3809on how you get more people to ride the rail. You have to make3810it accessible for all types of disabilities and ages of3811passengers.3812 But I did say to you, and I am going to say this publicly,3813that the last time I rode an Amtrak train, I found it was not3814maintained to what I think the standards of American passenger3815service should be maintained to. So I hope during your tenure3816on the Amtrak board that you put a heavy emphasis on that, as3817well. I know there are new trains coming on board, and I know3818some of it is because of the olden age of the particular cars.3819But I think we can do better here, and I think we need to.3820 Mr. Gleason. Thank you. I agree.3821 Senator Capito. Thank you.3822 Senator Cruz. Thank you. Senator Baldwin.38233824 STATEMENT OF HON. TAMMY BALDWIN,3825 U.S. SENATOR FROM WISCONSIN38263827 Senator Baldwin. Thank you, Mr. Chairman. I have been3828seriously concerned about the role that the Department of3829Government Efficiency, otherwise known as DOGE, is playing in3830driving some of the chaos and upheaval in the Commerce3831Department, including shutting down the Minority Business3832Development Agency.3833 For example, as I raised in this Committee last week, Elon3834Musk and DOGE are playing an outsized and highly questionable3835role at the Department. So Mr. Gentin, since joining the3836Department in February, have you ever met with Elon Musk?3837 Mr. Gentin. Yes, Senator. I attended a meeting, one3838meeting, where he was also there.3839 Senator Baldwin. Who else was present?3840 Mr. Gentin. This was, I would say, a casual meeting. People3841were walking in and out. It was also some time ago. I was3842there----3843 Senator Baldwin. Where was it?3844 Mr. Gentin. It was in the White House, Senator.3845 Senator Baldwin. And what was discussed? Did you discuss3846any of the plans that DOGE had for the Commerce Department?3847 Mr. Gentin. No. It was a very high-level discussion, a3848casual discussion.3849 Senator Baldwin. Mr. Gentin, have you ever met any of the3850members of the Department of Government Efficiency while3851working at the Department of Commerce?3852 Mr. Gentin. Senator, I was introduced to two members that I3853understood were associated with DOGE in the hallway, casual3854introduction, just a few seconds really.3855 Senator Baldwin. Was one of them Nate Cavanaugh?3856 Mr. Gentin. No.3857 Senator Baldwin. OK. Do you know who the two DOGE members3858were?3859 Mr. Gentin. I don't recall their names. I know it was not3860Mr. Cavanaugh. His name came up, I think, in a prior hearing. I3861don't recall that it was him.3862 Senator Baldwin. And are these DOGE members now Department3863employees, the ones that you met?3864 Mr. Gentin. I don't know, Senator.3865 Senator Baldwin. OK. I want to just register my serious3866concern about the role that DOGE played in dismantling the3867Minority Business Development Agency. I also believe that they3868played a significant role in creating instability in the3869Manufacturing Extension Partnership. Are you familiar with that3870program?3871 Mr. Gentin. I am not, Senator.3872 Senator Baldwin. OK. So earlier this year, the Trump3873administration did not renew contracts for 10, it is referred3874to as MEP, the Manufacturing Extension Partnership. So they3875didn't renew contracts for 10 MEP centers, causing great alarm3876across the country, and in Wisconsin, at our MEP center. And3877while these contracts have now been restored until the end of3878the Fiscal Year, for a few more months, this jolt of3879instability for the Manufacturing Extension Partnership is both3880unwelcome and unnecessary.3881 Mr. Gentin, if Congress does its job and appropriates3882funding for the MEP centers, will you renew their contracts, as3883is standard practice, while you are serving in this position?3884 Mr. Gentin. Thank you, Senator. I certainly recognize the3885importance of this issue for you and for Wisconsin. I am not3886familiar with it. If I confirmed, I will gladly prioritize this3887and look into it.3888 Senator Baldwin. Mr. Fink, thank you for meeting with me. I3889was planning on asking some of the specific questions that3890Senator Peters just asked you, about the audit and the critical3891safety concerns with Pan Am's long-term safety record and3892apparent failure of Pan Am's leadership to take action to3893develop a positive safety culture. That is a read-out from the3894February 2022 FRA Chief Safety Officer's letter.3895 But I wanted to just draw some attention to another aspect3896of leadership at Pan Am that was cited by the railroad that3897acquired Pan Am. When CSX acquired your railroad, their CEO3898testified that the track and infrastructure, in some cases, was3899in such poor condition that, ``it was so overgrown with trees3900and weeds you didn't even know there was a railroad there.''3901 Can you comment on what commitment to safety could have led3902to the condition of rails as the acquiring CEO testified?3903 Mr. Fink. Thank you for your question, Senator, and I3904enjoyed our visit yesterday.3905 As far as CSX purchasing our railroad, I spent several days3906taking their Chief Operating Officer over most of the railroad3907lines. Mr. Foote's comments were on one specific piece of track3908that was in an area that was an overgrown wetland.3909 We strived every year to improve our capital and improve3910our railroad. When we gave the railroad over in June 2022, it3911was in the best shape it had been in in 20 years, and that is3912not just me talking. It is what we were doing as far as safety3913and train accidents. So our record versus our connecting3914railroads, we were as good or better. Our safety culture was3915there. We had done safety culture studies. We handed the3916railroad over to the CSX in good shape, and they knew exactly3917what they were getting. We cooperated with all of the states3918that we worked in, all of the time, did a lot of cooperative,3919joint ventures, allowing passengers running on our freight3920railroad. So, I mean, overall, I am proud of the work that we3921did over the 20 years.3922 There certainly were some issues. They have been raised. I3923have talked about my thoughts on those issues. My job at FRA3924will be the chief person to enforce the laws, and that is what3925I will be doing, and I will be certainly working with you and3926the Committee to make sure that you are happy with what we are3927doing at the FRA.3928 Senator Cruz. Thank you. Senator Lujan.39293930 STATEMENT OF HON. BEN RAY LUJAN,3931 U.S. SENATOR FROM NEW MEXICO39323933 Senator Lujan.--President's nominee for General Counsel for3934the Department of Commerce. I have a few yes-or-no quick3935questions for you, and I would appreciate a quick yes-or-no3936response.3937 Yes or no, are you familiar with the Bipartisan3938Infrastructure Law from 2021?3939 Mr. Gentin. I am not sure I am, Senator.3940 Senator Lujan. Oh boy, Mr. Chairman. So we have someone3941before us to go to the Department of Commerce that is not3942familiar with one of the biggest pieces of legislation that3943this Congress enacted, in a bipartisan fashion, to build3944infrastructure in America. Is that correct?3945 Mr. Gentin. Maybe there is an aspect of the law, Senator,3946you want me to ask about. I may not be familiar with that name.3947 Senator Lujan. It was called the Bipartisan Infrastructure3948Law, in 2021. It was referred to by other names, as well. That3949doesn't sound familiar?3950 Well, nonetheless, are you familiar with something called3951the Digital Equity Act?3952 Mr. Gentin. I am aware of the fact that there is a program,3953a grant program, by that name, Senator.3954 Senator Lujan. Can you tell me what that program is?3955 Mr. Gentin. My understanding is that is a program that is3956designed to make the digital economy available to Americans.3957 Senator Lujan. So my question is, yes or no, is the purpose3958of the Digital Equity Act to help close the gap in broadband3959adoption and support programs that help provide children and3960seniors with the skills they need for the digital age?3961 Mr. Gentin. I don't know the details of that program,3962Senator. I would defer to you if that is how the program is3963described.3964 Senator Lujan. I will stand by that description.3965 Yes or no, does Article III of the Constitution say that3966judicial power of the United States shall be vested in one3967Supreme Court?3968 Mr. Gentin. Yes, Senator.3969 Senator Lujan. Yes or no, did Marbury v. Madison, a Supreme3970Court case from 1803, establish judicial review?3971 Mr. Gentin. Ooh, you are taking me back to law school,3972Senator, but that sounds correct.3973 Senator Lujan. Yes or no, does the judicial branch have the3974sole power to declare a law unconstitutional?3975 Mr. Gentin. Senator, certainly the judicial authorities3976have the right to review laws for their constitutionality.3977 Senator Lujan. Yes or no, did the President declare the3978Digital Equity Act, a bipartisan law passed by Congress,3979unconstitutional in a Truth Social post?3980 Mr. Gentin. I am aware that the President issued a Truth3981Social post regarding the Digital Equity Act, Senator.3982 Senator Lujan. May 8, 2025, at 4:38 p.m.3983 Yes or no, does the Constitution grant the President the3984power to nullify entire sections of laws passed by Congress?3985 Mr. Gentin. Senator, I have not looked into, in any way,3986the constitutional issues that you just flagged, relating to3987this. I have not done so.3988 Senator Lujan. In law school did they teach you that the3989President can nullify?3990 Mr. Gentin. I don't recall that that was discussed when I3991was in law school. It was a long time ago.3992 Senator Lujan. Where did you go to law school?3993 Mr. Gentin. Columbia Law School, Senator.3994 Senator Lujan. On Friday, this letter was sent out from the3995President of the United States, the Department of Commerce, to3996constituents in all of our states, nullifying this program3997based on what President Trump said, Secretary of Commerce3998Howard Lutnick and he, ``we agree that this is totally3999unconstitutional.''4000 I hope my colleagues from across the country whose4001constituents are depending on this program just to get4002connected to the internet, that is how this all happened, that4003we can work together to reverse that.4004 Mr. Fink, under your leadership the railroad you ran was4005found to have, ``critical safety concerns, a culture of4006retaliation, high accident rates, and extremely poor track4007conditions which increased the risk of derailments.'' The FRA,4008the agency you are nominated to lead, attributed these to,4009``failure of Pan Am's leadership.''4010 How can we trust you to hold this position and hold4011companies accountable to areas that were not met while you were4012there?4013 Mr. Fink. Thank you for the question, Senator. I would4014disagree, that we did meet the standards, and there was4015disagreement between our folks and FRA. And let me just say4016that any time we had issues with FRA we fixed things and we4017argued about them later. If they said something wasn't right we4018fixed it. So we had a safety audit. I disagreed. We had a4019safety culture. We did safety culture studies, and our4020incidents and accidents were at or below the industry4021standards.4022 Senator Lujan. Mr. Fink, two of my colleagues asked you4023questions about the nature of the track that was covered in4024trees and all the rest. You responded that you took their4025safety person out and did a walk and pointed it out.4026 Mr. Fink. Yes, we did.4027 Senator Lujan. My question is, are you contending that the4028CEO of CSX lied?4029 Mr. Fink. No, sir.4030 Senator Lujan. I appreciate that.4031 Every time Amtrak employees have come before this Committee4032I have pushed for robust funding and support for Amtrak to4033improve and expand our Nation's long-distance rail network. You4034may have heard from Senator Moran, but Kansas, Colorado, and4035New Mexico often get together when we start seeing attacks on4036the Southwest Chief.4037 Yes or no, are you committed to advocating for increased4038funding for the long-distance network to address outdated4039equipment and maintenance issues?4040 Mr. Fink. I am for Amtrak being a national network and us4041supporting Amtrak as a national network.4042 Senator Lujan. What about the Southwest Chief?4043 Mr. Fink. I do not have any information on the Southwest4044Chief. I am not sure where it goes. I will certainly work with4045the Committee on specific Amtrak issues. I am for the Amtrak4046national network.4047 Senator Lujan. I appreciate that. Before Senator Moran4048calls you into his office with the rest of us in there I would4049encourage you to learn about the Southwest Chief.4050 Mr. Fink. I will learn about everything I need to learn4051before I have to go to Senator Moran's office.4052 Senator Lujan. Well, especially the Southwest Chief. I am4053telling you, there will be a meeting. It happens every year.4054The CEOs come in, the person in your position is going to come4055in, and all the rest. So I hope we can find some commonality4056there.4057 Mr. Chairman, I have other questions for the record. I will4058submit them for a response, as well.4059 Thank you, and I yield back my time.40604061 STATEMENT OF HON. BERNIE MORENO,4062 U.S. SENATOR FROM OHIO40634064 Senator Moreno [presiding]. Well, thank you. See, this4065worked out well. I get to ask questions from the non-cheap4066seats. I can see you face to face. It is a lot better.4067 Mr. Fink, thank you for your willingness to serve, actually4068to all four of you. Thank you for your willingness to serve the4069country. It is very appreciated. I am sure there are a lot of4070other things that you could be doing in your lives at this4071stage, but signing up to serve your country has got to be, I am4072sure, up there among the greatest honors. So thank you, and4073especially given your qualifications and what this means to4074your families and the sacrifice you are making.4075 Mr. Fink, you and I had a great meeting in my office and we4076talked about the East Palestine train derailment. What do you4077think went wrong?4078 Mr. Fink. An overheated bearing burned off and allowed the4079train to derail in East Palestine, releasing vinyl chloride and4080other chemicals into the air.4081 Senator Moreno. And we talked about the Norfolk Southern4082and the commitment they have made. And actually, I have got to4083give them accolades. A lot of times these companies get beat up4084a lot because of what happened. They deserve a lot of the press4085that they got. But they have stepped up. They have stepped up4086at East Palestine. One of the things they have done is created4087a training center for train derailments. It is the center of4088excellence in the country for how to handle these.4089 Do I have your commitment to support that training center4090with resources that make certain it actually becomes a world-4091class center for how to handle these disasters?4092 Mr. Fink. Yes, sir. We had a great conversation in your4093office. I am looking forward to that. Also in visiting with4094your colleagues from both Pennsylvania and from West Virginia,4095they also talked about the first responder situation and the4096center that you are going to be building. Some of the folks4097that are sitting in our audience right now are first4098responders, and also railroad employees that I spoke with4099before starting this conversation, and mentioned the center in4100East Palestine. I look forward to visiting it when it is open.4101 Senator Moreno. That is fantastic. Perfect. Thank you, Mr.4102Fink.4103 Shifting over to you, Mr. Fogel, the UAW, how do they feel4104about the tariffs? What is their viewpoint? And by the way,4105just to be clear, the UAW supported Joe Biden in this election,4106supported my opponent in this election. What is their general4107view of tariffs?4108 Mr. Fogel. Senator, what I hear in the media is that they4109are supportive of the President's tariffs.4110 Senator Moreno. And why do you think that is, from your4111vantage point? Why do you think a union that has a heavy4112Democrat bias would be supportive of a Republican's plan and my4113plan, which is to reindustrialize this country?4114 Mr. Fogel. Right. I don't look at the politics of it. I4115think simply the President is putting the middle class, the4116working class first with his trade agenda, so I think that is4117probably why they like it. And specifically for the auto4118industry, he is advocating for the U.S. auto manufacturers.4119 Senator Moreno. And give me a sense, in your mind, the4120scale of the problem over the last 25 years. What has happened4121to our industrial heartland as a result of Presidents that4122haven't stood up to make certain that we had a level playing4123field?4124 Mr. Fogel. Well, I will mention, I have firsthand4125experience with this, Senator, just briefly. My current4126business is a data center business, but we located in an old4127industrial area of northern New York, which I am sure, like4128parts of Ohio, have been decimated by the offshoring of4129manufacturing. And it has really hurt this community. The4130population level is down to 1950s levels. Income levels are4131down. Unemployment is high.4132 So I am very pleased to see the President prioritizing4133bringing back those types of communities by onshoring more4134manufacturing.4135 Senator Moreno. And right now I think the current number is4136somewhere around $6 trillion--there is now another $600 billion4137deal signed with Saudi Arabia--$6 trillion and counting of new4138investment in America. What do you think that means for places4139like Ohio?4140 Mr. Fogel. I think there is going to be a rejuvenation of4141America's heartland, frankly, as a result of the President's4142policies. As you mentioned, trillions of dollars of new4143investment, and I am very optimistic.4144 Senator Moreno. That is great. And I can count on you to4145make certain that Ohio manufacturers have a level playing field4146when they export their goods around the world.4147 Mr. Fogel. Absolutely. Ohio and all states.4148 Senator Moreno. Well, I only care about Ohio.4149 [Laughter.]4150 Senator Moreno. Mr. Gentin, you, obviously, have to pay for4151these deals. What is the level of difficulty that some of these4152countries put on when making these trade deals? In other words,4153how tough of negotiators are they with the United States?4154 Mr. Gentin. Thank you very much, Senator. The trade deals4155are really being handled by United States Trade Representative4156and colleagues in the Department of Commerce. I personally have4157not, in my current role, been involved in negotiating those4158trade deals. My sense is, just knowing Secretary Lutnick and4159certainly under the direction of the President, these are4160difficult discussions. But I think the Administration is4161committed to doing what is required to protect the American4162people so that the outcomes are favorable for our country.4163 Senator Moreno. And over the last 110 days, have you ever4164seen a President more committed to making certain that American4165companies and American workers have a level playing field than4166President Trump?4167 Mr. Gentin. I have not, Senator, and it is a source of4168great inspiration for those of us in the Department of4169Commerce.4170 Senator Moreno. It almost makes you wonder what happened4171with Presidents before. Like why weren't they making certain4172that American workers were on a level playing field? Does that4173cross your mind, as well?4174 Mr. Gentin. It does, Senator, and I think it dovetails a4175little bit with what you said earlier. I think that is actually4176why many of us have decided to come back into public service.4177You see those of us on this panel and many others. It is a time4178where we feel that this is an opportunity to do something good4179for the American people, for all Americans, and it is an4180inspirational time to do so.4181 Senator Moreno. I appreciate it. Thank Mr. Gentin. Mr.4182Gleason, I am out of time, but thank you for being here, as4183well.4184 And I will now recognize our Senator from New Jersey, oh,4185from Delaware. Delaware, the first state, and closer. So thank4186you.41874188 STATEMENT OF HON. LISA BLUNT ROCHESTER,4189 U.S. SENATOR FROM DELAWARE41904191 Senator Blunt Rochester. Thank you, Mr. Chairman. Two of4192the nominees today, if confirmed, will have a significant4193impact on freight and passenger rail development in the United4194States, which are vital to our economy.4195 Few, if any, rail corridors are as important as the4196Northeast Corridor, which includes Delaware and the Mid-4197Atlantic region. Any disruptions to these services would not4198only impact people, but it would cost millions of dollars a4199day.4200 But before I get to addressing the future of rail travel in4201the United States, Mr. Gentin, I need to address an issue that4202we have been experiencing with the Department of Commerce.4203Since February, you have been Secretary Lutnick's senior4204advisor. Is that correct?4205 Mr. Gentin. Since mid-February. Yes, correct, Senator.4206 Senator Blunt Rochester. As you may know, Senator Lutnick4207told me directly, when he was here having his hearing for his4208confirmation earlier this year, that he would not dismantle the4209Minority Business Development Agency and turn back the clock of4210progress, bipartisan progress from many Presidents before him4211supporting these businesses. My colleagues and I have sent4212multiple letters seeking answers about the reversal of his4213promise to protect the agency and dismantle it.4214 Our first letter was March 24th, then another letter on4215April 17th, and most recently we sent a letter on April 30th,4216less than 2 weeks ago, and we have since not received any kind4217of meaningful response.4218 So I would like to know, is Secretary Lutnick aware of our4219letters about dismantling the MBDA?4220 Mr. Gentin. Senator, I am not aware of those letters, and I4221don't know what Secretary Lutnick knows about those letters.4222 Senator Blunt Rochester. So again, you have been his senior4223advisor since February? I just want to confirm that?4224 Mr. Gentin. I have been one of his senior advisors,4225Senator, which is a role----4226 Senator Blunt Rochester. Thank you. That is the question.4227Remind me. Did you attend Paul Dabbar's confirmation hearing to4228be Deputy Secretary?4229 Mr. Gentin. Yes, Senator. I did attend that hearing.4230 Senator Blunt Rochester. Do you recall many members, just4231like today, raised these exact letters, our serious concerns4232about what is happening at MBDA? Do you remember that?4233 Mr. Gentin. I recall the topic of MBDA coming up at the4234Deputy Secretary nominee's hearing, yes.4235 Senator Blunt Rochester. So I know you have said you have4236got a different role. Did you not feel this was important, even4237for this hearing, just even in preparation for this hearing,4238because it has come up before, to even mention it to the4239Secretary?4240 Mr. Gentin. Senator, I am very well aware of the importance4241of this topic to you and to other members of the Committee. My4242understanding is that this matter is in litigation.4243 Senator Blunt Rochester. It is my understanding that4244because of 21 attorneys general fighting it, that it has been4245halted by a judge. But have you participated in any meetings,4246have any communication, anything regarding the letters at all?4247 Mr. Gentin. No, I have not, Senator.4248 Senator Blunt Rochester. OK. We sent these letters in the4249past 2 weeks, and so it is hard for me to think that this is4250not something you would have prepared for, for this hearing. I4251assume you don't know of any plans to even answer the letters,4252and I would assume that you would say, as you have said before,4253you might prioritize it.4254 Who do we need to contact at the agency to get an answer to4255these letters?4256 Mr. Gentin. Senator, I will, coming out of this hearing,4257certainly go back to the Department of Commerce and try to4258follow up and try to get those letters responded to.4259 Senator Blunt Rochester. So since you are the third person,4260my concern is, I don't like to use the term ``gaslighting,''4261but that is what it is kind of feeling like. We just need some4262answers to what is the priority. The Secretary said it was a4263priority. Past Presidents have said it was a priority, going4264all the way to Richard Nixon.4265 So I hope that we can get an answer on that, and I would4266like to switch gears right now to Amtrak and our stations in4267Delaware. This is a vital area for us. Our stations, our4268training facilities, the operations centers, the maintenance4269shops, services to Delaware alone have a combined yearly4270ridership of over 650,000 passengers, and growing.4271 Amtrak also directly employs over 1,300 Delawareans. Last4272week, we learned that Amtrak will be cutting about 4504273management positions. Given the mass layoffs and reduction of4274force, I would like to ask Mr. Gleason, what is your plan for4275being able to deal with expanding ridership at the time when we4276are shrinking the number of folks working there?4277 Mr. Gleason. Since I am not on the board now I don't know4278anything about that. But, I mean, certainly Delaware has been4279wonderful as far as passenger rail is concerned, so I would4280hope that that would continue.4281 Senator Blunt Rochester. I would hope--yield me two4282seconds--that I would have your commitment for full4283transparency on the positions, the rationale, and impacts to4284service that this might have on our constituents.4285 I am all for government efficiency. I believe in it. But we4286don't make things more efficient by breaking them.4287 Thank you, Mr. Chairman, and I yield back.4288 Senator Moreno. Thank you. And your Ranking Member has been4289very gracious, Senator Kim, and said that you are next. We are4290going from east to west.42914292 STATEMENT OF HON. ANDY KIM,4293 U.S. SENATOR FROM NEW JERSEY42944295 Senator Kim. Thank you. Thank you all for joining up. Mr.4296Gleason, I would like to just start with you. I guess I just4297wanted to get a sense from you, how is Amtrak doing? If you4298were to give it a grade, how would you grade it?4299 Mr. Gleason. Well, again, I am not part of the Amtrak4300organization.4301 Senator Kim. I know, and neither am I, but I certainly have4302my opinions about how it is doing.4303 Mr. Gleason. Oh, I think it is doing pretty good. I4304recently took the Auto Train to Florida. It went well. I ride4305the Acela. I have ridden the California Zephyr. I have ridden4306the trains all over. I think they are doing better, but they4307could probably do better. There is no question about that. I am4308a proponent of passenger rail. I think----4309 Senator Kim. I know, and I read your testimony and I4310appreciated the sentiments in there. I guess I am trying to get4311a sense of what you are going to be doing in this job. So I4312guess when you look at the budget, do you think the budget is4313at the appropriate level? Too high? Too low? I am just trying4314to get a sense of where your head is at right now.4315 Mr. Gleason. Well, I will be one vote on the board,4316obviously.4317 Senator Kim. Correct.4318 Mr. Gleason. But a lot will have to do with your support of4319Amtrak. So, I mean, you know, you are the ones who give us the4320money to operate Amtrak.4321 Senator Kim. We do so in consultation with the board.4322 Mr. Gleason. Right. And I think that in the future that we4323could look into more private-public partnerships to get more4324revenue into Amtrak and expand it. I think there are a lot of4325ways to do it without just giving them taxpayers' money.4326 Senator Kim. But you are not, at this point, in a mindset4327that you want to come in and cut the budget 20, 30, 40 percent?4328 Mr. Gleason. Absolutely not.4329 Senator Kim. Good. Especially when it comes to the4330Northeast Corridor, I will be honest with you, we are4331continuing to struggle. And there have been a lot of attacks4332over the years, a lot of proposals by colleagues of mine here4333as well as during the first Trump administration to cut budget4334for the Northeast Corridor. That is not something that is on4335your mind at this point?4336 Mr. Gleason. No.4337 Senator Kim. I guess I would just be interested in a sense4338of your vision for Amtrak. I will quote a couple of things you4339said here. You said, ``improve and expand passenger rail4340service across America in a fiscally responsible manner.'' You4341also said, ``Passenger rail doesn't just move people, it drives4342prosperity.'' Do you agree that those statement you made are4343still right?4344 Mr. Gleason. Absolutely. And if you read it in my statement4345it has been devastating to my community to lose passenger rail.4346 Senator Kim. Yes. I thought that was very powerful, how you4347talked about that.4348 Mr. Gleason. And we have two trains a day. It is terrible.4349That is all we have coming through a town that has a main line4350of the Norfolk and Southern Railroad go through it. And it has4351isolated our town from the rest of the world, and I am sure all4352over America there are towns like that.4353 So I think Amtrak and rail can be expanded a lot easier4354than building highways and a lot of other more expensive4355things. So I would like that hopefully the support comes from4356the Senate and the government to expand Amtrak. And we need to4357look at other ways that we can fund this expansion. Every4358Senator so far has talked about trains that are running now in4359their states, and they are very happy about it, and their4360people want it.4361 And I mentioned before, the younger people of America are4362riding trains a lot more. You know, the ridership in Amtrak is4363younger. And many people today, they don't have driver's4364licenses, they don't have cars. They want to use public4365transportation. They want to ride Amtrak.4366 Senator Kim. Well, I hope I can count on you, then, to work4367with me, because I feel like so often what happens here in4368Congress, in the years that I have been here, is we are just4369trying to tread water. You know, we are just trying to stop4370cuts from happening. But I would like someone to work with4371where we could actually lay out what a vision of this going4372forward would look like.4373 Mr. Fink, I wanted to just turn to you. If you could just4374explain to us, very clearly and succinctly, what is the main4375mission of FRA?4376 Mr. Fink. The main mission of FRA is to make sure that the4377safety in railroads for the public, freight passenger, that is4378it, safety.4379 Senator Kim. Yes, and I think that is something that I4380share with you. You know, we had a number of cases in New4381Jersey last summer where we had problems between New Jersey4382Transit as well as the Amtrak, and it was causing the entire4383system to short out. Does that sound like a safety concern to4384you?4385 Mr. Fink. It certainly does, and we had an excellent4386conversation about that in your office. Every day that we are4387not having these issues with the pantograph is important. I4388think a lot of people are studying it, hoping they are getting4389to the bottom of it so we don't have folks, including yourself,4390at Penn Station waiting for a train to get home.4391 Senator Kim. Yes. We just can't have the undermining--I4392mean, the reason people rely on these is they want something4393reliable in that way, and we certainly did not see that. But4394also it was a safety concern. FRA played an important role in4395trying to adjudicate this. Do you promise that you will work4396with me, as well as those involved, to make sure we get to the4397bottom of this? Because we can't have another summer, this4398summer, like we had last.4399 And I will be honest with you, I don't feel like I have the4400assurances yet to be able to look my constituents in the eye4401and tell them things are better.4402 Mr. Fink. You have my commitment. I have always worked4403cooperatively and collaboratively, support letters from our4404partner that we did with Amtrak up in Maine, when we started4405service, we were a preferred provider for Amtrak. The service4406we ran into Maine was always highly rated.4407 So how we did that was getting together and sitting in a4408room and discussing the issues and getting to a solution, so4409the passengers were able to travel, Amtrak was able to run, and4410our freights were able to run, in a safe manner.4411 Senator Kim. OK. Thank you. I yield back.4412 Senator Moreno. I recognize the Senator from Tennessee.44134414 STATEMENT OF HON. MARSHA BLACKBURN,4415 U.S. SENATOR FROM TENNESSEE44164417 Senator Blackburn. Thank you, Mr. Chairman. Thank you all.4418Congratulations on your nominations. I know you are ready to4419get today over with and then move forward with the process.4420 Mr. Fink, I want to come to you. Memphis. It is one of our4421Nation's logistic hubs. You have got all the railroads. You4422have got FedEx. You have got the river, the Port of Memphis.4423And I have heard so much from people in Memphis who work in the4424logistics arena, people that work with rail, they are very4425concerned about the intermodal railyards in Memphis. I have had4426a couple of businesses actually describe it, saying it looks4427like a war zone because of cargo theft, which is a terrible4428problem. It is an increasing problem with the gangs that are4429there.4430 But as Administrator, I would like to know how you are4431going to work with communities like Memphis and how you are4432going to address what is a growing problem nationwide, which is4433cargo theft?4434 Mr. Fink. Thank you for the question, Senator. I had not4435heard of the issues in Memphis. I have seen, over the years,4436particularly out in Southern California, where the trains were4437broken into while they were moving. So it is an issue that we4438need to sit down and talk with. I think the security folks from4439the railroads, our folks at FRA, we can sit down and find out4440what is going on and talk with the local communities. You have4441my word that, if confirmed, I will work on that and we will try4442to come up with something.4443 Senator Blackburn. Well, it is happening, and I would take4444the opportunity to highlight with you, this is happening, and4445it is a significant problem. And we would like to see some4446attention placed on solving this problem. Not a lot of time for4447talking. Action is past due. So an appropriate, timely4448assessment and action would be appreciated on that.4449 Mr. Fink. Yes, Senator.4450 Senator Blackburn. Thank you. Mr. Fogel, Tennessee is a4451growing place, and I was just talking about what I call the4452``Trump bump,'' that certainly our state has seen it. We have4453had, since the November election, 30 corporate announcements,4454companies that are landing their projects in Tennessee, about44551,900 new jobs, $1.2 billion in capital projects since the4456November election. And about half of that investment is direct4457foreign investment. So it is important to our state that there4458be a participation and an awareness at the Federal level.4459 So when you are looking at handling global markets, what I4460would like to know is how are you going to work with states4461like Tennessee as they work to attract more direct foreign4462investment?4463 Mr. Fogel. Yes, Senator, thank you for that question. As4464you are alluding to, the Global Markets Division of the4465Department of Commerce does focus on foreign direct investment4466into the United States, primarily through Select USA. In fact,4467their conference is going on right now, and unfortunately I4468can't attend as a citizen. Obviously, I wouldn't go in an4469official capacity because I am here.4470 But that is the mission of that team is every day to4471attract foreign direct investment and then help guide foreign4472investors to various states, based on what the investors are4473looking for and what the different states offer. I would be4474happy to work with you about Tennessee, specifically, and learn4475more.4476 Senator Blackburn. Well, we have got a great story to tell.4477One area--and Senator Cantwell and I were just chatting about4478this--we have got the American Music Tourism Act, and we are4479trying to get this run through the pipeline. Tennessee had 1444480million visitors last year, and $30.6 billion in direct4481spending in the state, and, of course, music and entertainment4482is an enormous part of that.4483 And I would love for you to talk for just a moment how you4484can partner up on the entertainment industry as we look at this4485global marketplace and bringing that tourism to the U.S.?4486 Mr. Fogel. Absolutely, Senator. That is a big priority,4487that being tourism, travel and tourism into the United States.4488Global Markets does play a role in that, but separately there4489is an Office of Travel and Tourism that I am sure you are4490familiar with, within the Department of Commerce, and they are4491dedicated to interagency efforts and working with states, et4492cetera, to promote tourism. And I know with the World Cup and4493the Olympics and the events you are talking about in Tennessee,4494there is a lot to do, and it is a big priority of the4495President.4496 Senator Blackburn. Sounds good. Thank you.4497 Senator Moreno. I recognize the Ranking Member.44984499 STATEMENT OF HON. MARIA CANTWELL,4500 U.S. SENATOR FROM WASHINGTON45014502 Senator Cantwell. Thank you, Mr. Chairman. I understand4503earlier Senator Cruz asked you, Mr. Gentin, about spectrum, so4504I wanted to go back to that if I could. Are you aware that the45052000 [National] Defense Authorization Act required the4506Secretary of Defense, the Joint Chiefs, the Secretary of4507Commerce to all work together--that is what we were trying to4508do--certify that spectrum auction includes use by DoD. Are you4509aware that no such certification was made by the Trump4510administration, that never happened; nobody worked together?4511 Mr. Gentin. I wasn't aware of that, Senator. I am very4512happy to look into that.4513 Senator Cantwell. Well, I think the reason I am bringing it4514up is because what happened is then some DoD radar spectrum was4515auctioned and there was a lot of confusion and interference.4516And so we obviously think that in the spectrum world you should4517have the test-bedding of important issues before moving DoD4518spectrum.4519 So are you also aware that, I think Senator Cruz mentioned4520relocation fund, but he claimed that these funds enabled users4521to upgrade their capabilities, and that is not true. In fact,4522it only allows Federal users to maintain a comparable.4523 I am suggesting a legislation that we had last Congress4524that does give people the ability to upgrade, because I really4525do think that that is important.4526 But I just want to make sure that we have the record4527correct, that mission-critical systems were turned off and no4528replacement was provided. So that is a very important4529distinction, I think, in the debate, because I want to make4530sure that this doesn't happen again. We don't want to be in4531this vague area that somehow somebody thinks the law exists to4532protect DoD, when in reality, during the last Trump4533administration, it didn't, and we had some confusion, and we4534don't want to see it again.4535 OK, Mr. Fink, I hear five or so of my colleagues asked you4536about main line derailment issues, and you were mentioning that4537you think there were some other statistics there. But we are4538talking about FRA, the Federal Railroad Administration numbers,4539which they say that you had an 850 percent higher than the4540other Class II railroads. Do you dispute the FRA numbers?4541 Mr. Fink. Our train accident record, were in the middle of4542my peer group railroad, so I don't know of any 850 percent4543higher for that. I do not know that, and that number makes4544really no sense to me.4545 Senator Cantwell. OK. Well, in fact, in every year in the4546decade before you sold Pan Am, the railroad, the main line4547derailment rate was double the average railroad. And the reason4548why the main line is so important is because we are talking4549about East Palestine. We are talking about areas that we think4550are critical for safety.4551 Also, do you think that Norfolk Southern's responsibility4552was to clean up the mess?4553 Mr. Fink. Absolutely.4554 Senator Cantwell. OK. And your company was criminally4555convicted and sentenced for trying to cover up 90,000 gallon4556fuel in Ayer, Massachusetts?4557 Mr. Fink. It was 900 gallons.4558 Senator Cantwell. Nine hundred gallons. So do you think you4559should have done that without the court decision?4560 Mr. Fink. We were cleaning it up. We did not properly4561report it, and we were fined and found guilty, yes.4562 Senator Cantwell. So what do you think that we should be4563doing, moving forward, to make sure that we have better4564alignment on product, safety, cleanup, all of these4565responsibilities? What is your----4566 Mr. Fink. In that instance, we had an employee that didn't4567follow the procedure that they were supposed to follow. We were4568cleaning it up. We did not report it. We cleaned it up. We were4569found guilty of not reporting, and had a very substantial fine.4570 Senator Cantwell. OK. Do you remember what that fine was?4571 Mr. Fink. Hundreds of thousands of dollars.4572 Senator Cantwell. Do you think that is substantial,4573hundreds of thousands of dollars, given what some of these4574communities, the lives?4575 We will do more for the record on this, but I represent a4576very big port state and railroad state. We move a lot of4577product for the United States, and oftentimes it is through4578very treacherous areas, where the response to this can take a4579long time, the Columbia River Gorge, for example.4580 So we want to see someone who is going to be aggressive4581about the continued evolution about information, involvement,4582first responders, plans for communities, and responsibilities,4583and certainly for follow up of the legislation that we have4584moved out of this Committee that would have, for very, very4585long trains, the staffing that is required to keep all of us4586safe.4587 Thank you, Mr. Chairman.4588 Senator Cruz [presiding]. Thank you. Senator Duckworth.45894590 STATEMENT OF HON. TAMMY DUCKWORTH,4591 U.S. SENATOR FROM ILLINOIS45924593 Senator Duckworth. Thank you, Chairman Cruz. Gentlemen, the4594Chicago Hub Improvement Program, or CHIP, is a once-in-a-4595lifetime, once-in-a-generation, transformative project that4596will enhance rail service across the Midwest and across the4597Nation. It will improve service in Minnesota, Wisconsin,4598Michigan, Indiana, and Missouri, not just in Illinois, which is4599why there is bipartisan support for it.4600 CHIP is making critical investments in rail infrastructure4601and facilities that will upgrade connectivity, enhance4602accessibility, reduce travel times, improve safety, and support4603good-paying jobs.4604 Chicago is Amtrak's busiest station, outside of the4605Northeast region, and more than 50 percent of Amtrak's long-4606distance services travel through Chicago Union Station. And4607trains that begin or end in Chicago Union Station make up more4608than 90 percent of Amtrak services outside the East and West4609Coasts.4610 In 2023, the FRA awarded Amtrak nearly $50 million from the4611Federal-State Partnership for Intercity Passenger Rail, to4612improve passenger rail efficiency at Chicago Union Station to4613benefit the National Rail Network.4614 Mr. Fink, if you are confirmed, will you commit to working4615with Amtrak to ensure that all of those awarded funds get4616delivered to CHIP without undue delay?4617 Mr. Fink. Thank you for the question, Senator. I enjoyed4618sitting and going over many of the issues we talked about4619around Chicago.4620 I am not, right now, up to speed on that. I am going to, if4621confirmed, want to get down and hit the ground running and sit4622down and talk about these issues when I get to FRA, if4623confirmed, and we can get to the bottom of the issues that you4624came up with in the meetings I have had.4625 Senator Duckworth. If there are no issues, will you ensure4626that all these awarded funds will get delivered without undue4627delay?4628 Mr. Fink. If there are no issues, yes.4629 Senator Duckworth. All right. Thank you. Furthermore, Mr.4630Fink, Chicago is a national hub for freight rail, in addition4631to passenger rail. One out of every four freight trains in the4632United States passes through Chicago. That is about 500 freight4633trains per day. If you are moving anything via rail from coast4634to coast there is a good chance it will go through Chicago,4635which has more tracks radiating in more directions than any4636other city in North America.4637 But bottlenecks in Chicago causes delay in the shipment of4638goods across the country. That is why freight rail companies,4639passenger rail companies like Amtrak, Metra, the State of4640Illinois, and the City of Chicago are partnering on the Chicago4641Region Environmental and Transportation Efficiency Program, or4642CREATE project, which is unclogging the rail network for the4643Nation by building crucial underpasses and overpasses and4644upgrading tracks, switches, and signals.4645 The first Trump administration recognized the importance of4646CREATE to our Nation's economy and national security, which is4647why President Trump, in his first term, awarded $132 million to4648the program.4649 Mr. Fink, if you are confirmed, will you commit to giving4650full and fair grant consideration for applications for projects4651like CREATE?4652 Mr. Fink. Thank you for the question, Senator. If4653confirmed, I will look and work toward making sure that these4654grants that are scored and for Chicago or other places are put4655out. That is one of my goals as FRA Administrator. There are a4656lot of grants. There are a lot of things that haven't gotten4657out. Let's get them out and let's get things built.4658 Senator Duckworth. Thank you. Will you also commit that you4659will not delay funding that has been awarded to projects like4660CREATE if there are no extenuating circumstances?4661 Mr. Fink. Again, I am not there yet, so when I get there I4662am going to sit down and hopefully, I have heard a lot of these4663grants have been released in the last few weeks. Hopefully, by4664the time I get there, those issues will be behind us and we4665will be working on sending out new programs, if you authorize4666them, for grants in the future.4667 Senator Duckworth. Will you commit to making yourself4668available to me to follow up on any of these questions?4669 Mr. Fink. Absolutely.4670 Senator Duckworth [presiding]. Thank you. And I now4671recognize Senator Markey.46724673 STATEMENT OF HON. EDWARD MARKEY,4674 U.S. SENATOR FROM MASSACHUSETTS46754676 Senator Markey. And I thank you for that recognition. My4677first question is on Digital Equity Act grants. Last week, the4678Department of Commerce terminated grants to states under the4679State Digital Equity Capacity Grant Program. Congress4680specifically authorized and appropriated $1.4 billion in4681formula funds for this program.4682 Mr. Gentin, were you involved in any meetings or4683conversations about terminating state digital equity grants?4684 Mr. Gentin. I was not, Senator.4685 Senator Markey. So let me ask you this then. In your4686opinion as a lawyer, is the decision to cancel, to terminate4687state formula grant awards faithful execution of the law passed4688by Congress?4689 Mr. Gentin. Senator, I think Senator Lujan asked me about4690this, as well, and again, I think it is important we can all4691agree, I think, that everyone be able to participate in the4692Internet economy. In my role as a senior advisor at the4693Department of Commerce I have had no role in the digital equity4694issue. I am aware that the President issued a Truth about it,4695but I have not looked into the legal issues associated with4696that program.4697 Senator Markey. Well, we passed the Digital Equity Act. We4698directed the Commerce Department to issue formula grants to the4699states, and we appropriated money for it. And now the4700Department is simply ignoring the law.4701 I am going to give you a chance, Mr. Gentin, just to4702answer, do you think the terminations of these grants are4703lawful?4704 Mr. Gentin. It is something, Senator, that I committed to4705look into if I am honored to be confirmed. I do not have a view4706on that sitting here today.4707 Senator Markey. OK. In my opinion, the Administration must4708rescind these termination notices immediately. It is completely4709unlawful what they have done.4710 Mr. Fink, I want to turn to a rule issued by the Federal4711Railroad Administration last year, requiring two crew members4712on Class I freight trains. I have long supported this rule, and4713I was proud to work with current Vice President Vance to be4714able to include a similar provision in the Railway Safety Act.4715 At his confirmation hearing this year, I asked Secretary4716Duffy, sitting right where you are right now, Mr. Fink, whether4717he would stand by the Federal Railroad Administration's4718regulations. He said yes.4719 So Mr. Fink, do you agree with Secretary Duffy's position4720and intend to maintain this regulation?4721 Mr. Fink. Yes.4722 Senator Markey. You will?4723 Mr. Fink. Yes.4724 Senator Markey. Thank you. That is much appreciated. And4725now, Mr. Gentin, I want to turn to you. I know it is an issue4726that Senator Peters raised in his opening remarks. Mr. Gentin,4727during your staff interview with Committee staff I understand4728that you were asked whether Joe Biden lawfully won the 20204729Presidential election. And so I am going to ask you the same4730question. Yes or no, did Joe Biden lawfully win the 20204731Presidential election?4732 Mr. Gentin. Senator, as I expressed to the staff in my4733interview, President Biden was the President for four years, he4734was certified as President, and then President Trump was4735elected and certified. He is our current President.4736 Senator Markey. So was Joe Biden lawfully elected as the4737President of the United States? That is what I am asking. Was4738he lawfully elected?4739 Mr. Gentin. Again, Senator, what I can say is that he was4740certified and he served as President.4741 Senator Markey. In your opinion, was he lawfully elected4742President of the United States? This is not about what4743happened. It is about what you view as the legal status of4744Biden in winning that election. Did he lawfully win the4745election, or not?4746 Mr. Gentin. Senator, I am not an investigator of elections.4747My understanding and my belief is that President Biden was4748legally certified as President, and he served as President.4749 Senator Markey. I know that. But you're nominated to be the4750General Counsel of the Department of Commerce for the United4751States of America, the top lawyer, and you are a seasoned4752attorney. So this is just a yes-or-no question. Was he legally4753elected as the President of the United States, Joe Biden? And4754your opinion on this is very important as a lawyer, so we can4755understand how you will be looking at legal issues that will be4756presented to you.4757 Mr. Gentin. Senator, again, I think I have tried to answer4758the question as best I can. I don't know that it makes a lot of4759sense to litigate the past. My purpose in being here today is4760to present my qualifications to serve as General Counsel of the4761Department of Commerce.4762 Senator Markey. Again, I don't know how we can trust you as4763a sound legal voice, pushing back on this Administration's4764lawlessness, when you can't even answer a basic question as to4765whether or not Joe Biden was legally elected. I mean, we are4766four and a half years since that day, and you have had plenty4767of time to reflect upon it, but you are still absolutely4768unwilling to say that Joe Biden was elected. And that,4769unfortunately, is the position which Donald Trump is still4770taking, and that casts a very bad cloud over the electoral4771process in our country. You know, he was the clear winner. To4772the extent to which you are unwilling to say that that is4773absolutely, legally accurate is a very dangerous place for our4774country to be, especially given your legal background and the4775job that you are being asked to take, which is as Chief Counsel4776for the Department of Commerce.4777 So we are standing now, awaiting for the arrival of Senator4778Fetterman, and he will be here presently. We have a roll call,4779which is on the floor of the Senate right now, and I will have4780to go over to make that roll call. But we will have, at the4781same time, an ability to have time for recognition for Senator4782Fetterman from Pennsylvania, so that he will be able to ask a4783round of questions of this panel.4784 And with that I will recognize Senator Fetterman.47854786 STATEMENT OF HON. JOHN FETTERMAN,4787 U.S. SENATOR FROM PENNSYLVANIA47884789 Senator Fetterman. Hi. Hello. Welcome. Hi, everybody.4790 A hundred Amtrak trains run through Pennsylvania every day,4791including maybe 100 feet just away from where I live, in4792Braddock, Pennsylvania, serving almost 7 million total4793passengers in my state. I don't see passenger rail as a4794political issue. I mean, you know, everybody rides it--red,4795blue. This is about getting people where they need to be.4796 As a member of this Committee I will always fight to4797support and defend vital Federal service, and I have made very4798clear that I will work with anyone as long as they are willing4799to do that. Since being sworn into the Senate, I have been4800working to expand passenger rail service through and across4801communities across Pennsylvania. One of the projects I am4802pushing and want to expand was passenger rail to Reading,4803Pennsylvania.4804 Mr. Gleason, you made clear in your testimony that you4805understand the importance of passenger rail for both big cities4806and small towns in our state of Pennsylvania. Can you commit to4807working with my office and the Schuylkill River Passenger Rail4808Authority to get this service operational by 2029?4809 Mr. Gleason. Absolutely. I have talked to those people in4810Reading for years. They are just like Johnstown. We lost our4811trains. We have two trains a day. We need more train service,4812and I appreciate your support for passenger rail, and I4813understand the whole Schuylkill thing needs to be supported.4814Absolutely.4815 Senator Fetterman. Does anyone else have anything? We feel4816like sometimes it might feel like it is under siege right now.4817I mean, is that accurate? Do you feel better after the new4818Administration, or like what do you think?4819 Mr. Gleason. You mean about passenger rail?4820 Senator Fetterman. Yes.4821 Mr. Gleason. Yes, I feel good about it. I feel very good4822about it. I think that there seems to be a lot of support4823amongst the Senators and a lot of people I have talked to.4824Younger people want to ride the rail now. The ridership of4825Amtrak is younger, and more and more people are looking forward4826to riding trains. So the support of the Senate is very4827important as we try to expand passenger rail.4828 Pennsylvania, outside the Philadelphia area, needs a lot4829more support, so I am looking forward to working with you for4830this support.4831 Senator Fetterman. OK. So now let's talk about safety. Over4832two years ago, of course we were aware what happened in East4833Palestine, in Ohio, just very close to our border. My4834colleagues and I immediately got together and wrote the Railway4835Safety Act. The bill made sure tragedies like this don't happen4836again. That was a strong bill, very, very bipartisan. The Vice4837President was one of the leads on it, and President Trump now4838said he supports it. In fact, it might be the only thing that4839Trump, Vance, and Biden, we can all agree on, on many of these4840things.4841 But now it is stalled, and I truly don't understand why4842that is the case. I mean, I think we should all be on the same,4843and be rowing in the same direction. I mean, I live 100 feet4844away from an active rail. So I don't know why we want to4845prevent all these kinds of derailments.4846 Mr. Fink, can you commit to helping to get this across the4847line, because all of America deserves this? And this has always4848been a very, very bipartisan piece of legislation.4849 Mr. Fink. Thank you for the question, Senator. We met with4850your staff last week, and the issues that you talked about with4851Mr. Gleason were also discussed with me. So I heard that and4852look forward to working on those issues.4853 As far as legislation, my job is the person that executes4854the laws that you pass. I am the FRA Administrator. If you pass4855the law, we are going to make sure that those laws are properly4856carried out. That is what I am looking forward to. Right now I4857am waiting for folks to talk to me about the specific4858legislation, talking with FRA safety people. Once you pass it,4859we will enforce it.4860 Senator Fetterman. Yes. I mean, I think we should all4861agree. And I ask even my friends on both sides, like, we are4862not really sure why we still don't have that passed. But4863regardless, thank you all for your time.4864 [Pause.]4865 Senator Fetterman. Mr. Fink, Mr. Fogel, Mr. Gentin, and Mr.4866Gleason, my final question is required of all nominees. If4867confirmed, do you pledge to work collaboratively with the4868Committee to provide thorough, timely responses to the4869Committee's requests and to appear before the Committee, when4870requested?4871 Mr. Fink. Yes, Senator.4872 Mr. Fogel. Yes, Senator.4873 Mr. Gentin. Yes, sir.4874 Mr. Gleason. Yes.4875 Senator Fetterman. All right. Thank you. I have letters of4876support from various organizations for Mr. Fink's and Mr.4877Gentin's nominations that I ask unanimous consent to be4878inserted into the hearing record.4879 Without objection, so ordered.4880 [The information referred to follows:]48814882 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]48834884 Senator Fetterman. Senators will have until close of4885business on Thursday, May 15, to submit questions for the4886record. The nominees will have until close of business on May488719 to respond to all of those questions.4888 That concludes today's hearing. The Committee stands4889adjourned.4890 [Whereupon, at 11:59 a.m., the hearing was adjourned.]48914892 A P P E N D I X48934894 Response to Written Questions Submitted by Hon. John Thune to4895 David Fink4896 Question 1. South Dakota relies on short line railroads to4897transport agricultural products and other goods to market. Do you agree4898short line railroads are critical to our Nation's freight corridors,4899and if confirmed, how will you ensure short line railroads can continue4900to provide the crucial services that benefit the national4901transportation system?4902 Answer. Yes. Short lines are the arms and the legs of the freight4903rail system, and they play a critical role in moving freight across our4904rail network. I am familiar with the CRISI program from my time with4905Pan Am Railways. It is a great tool that Congress has given FRA to4906support short line railroads.49074908 Question 2. Unfortunately, transportation infrastructure4909investments--especially in rural areas--have been curtailed by4910burdensome regulatory requirements put in place over the past four4911years. Short line freight railroads in South Dakota and across the4912country are critical to moving goods and services in domestic and4913global markets. Burdensome regulatory requirements slow their ability4914to operate efficiently. How will you work to ensure that the FRA4915prioritizes reducing regulatory and administrative burdens?4916 Answer. Safety is my number one priority. If confirmed, I also look4917forward to streamlining and refreshing our regulatory regime. It's4918important that we maintain rigorous safety standards, while supporting4919short line rail growth and efficiency.4920 ______49214922 Response to Written Question Submitted by Hon. Jerry Moran to4923 David Fink4924 Question. The CRISI Program is an incredibly important tool for4925improving rail infrastructure, particularly for short line railroads4926that still face the burden of past deferred maintenance. The CRISI4927Program also funds locomotive projects that ``significantly reduce4928emissions.'' FRA has awarded several innovative projects that upgrade4929locomotives to use newer diesel engines or to run on battery power.4930Since so many small and rural customers can only be served by four-axle4931locomotives and there is a finite supply of four-axle switchers, these4932projects are an important tool for railroads to upgrade and extend the4933life of their four-axle fleets.4934 If confirmed, will you commit to reviewing locomotive CRISI4935awards--now currently under review by the FRA--based on the merit of4936the business decisions involved and without regard to any outside4937pressures to consider the chosen technology favorably or unfavorably?4938 Answer. If confirmed, I look forward to learning more about these4939projects and working with you and your team. I agree that it is4940important that short lines have the tools to maintain safety, implement4941technology, and grow business.4942 ______49434944 Response to Written Questions Submitted by Hon. Dan Sullivan to4945 David Fink4946 As a former railroad executive, no doubt you are aware of rail4947safety projects being needlessly delayed due to required sign-offs by4948state historic preservation officers (SHPOs) during the NEPA process.4949Delays in bridge rehabilitation and other essential rail safety4950projects have been a particular problem for the Alaska Railroad.4951 In the 2015 FAST Act, Congress passed a requirement to give4952railroads the same streamlining protection as Congress earlier passed4953for the Interstate Highway System. Specifically, individual elements4954such as historic train stations and bridges can be given special4955protection, but an entire railroad (like the law for the Interstate4956Highway System) cannot be treated as a gigantic ``historic district.''4957 However, the 2015 streamlining provision for railroads has not been4958properly implemented to the same extent as the provision for the4959Interstate Highway System, so the same problems of needless delays4960continue 10 years late after Congress thought it solved the problem.49614962 Question 1. If confirmed, will you pledge to do all you can as FRA4963Administrator to make the SHPO process less cumbersome for FRA rail4964safety grants to railroads?4965 Answer. Yes.49664967 Question 2. Further, if you find that the Federal law passed in49682015 is inadequate, will you recommend changes to improve it?4969 Answer. Yes.4970 ______49714972 Response to Written Questions Submitted by Hon. Maria Cantwell to4973 David Fink4974 Poor safety record running Pan Am Railways. Mr. Fink, your former4975company, Pan Am Railways, had a mainline track derailment rate that4976exceeded your peers nearly every year. In fact, the mainline derailment4977rate was nine times the national average in 2021, when you were in4978charge of the railway. As you know, mainline track derailments4979generally pose the greatest risk to the community, as we saw in East4980Palestine in 2023.4981 As part of a 2022 Federal Railroad Administration (FRA) safety4982audit, the Chief Safety Officer found, quote, ``significant safety4983issues are not receiving the serious and thoughtful consideration by4984railroad leadership that Pan Am's employees, and the public, deserve.''4985 It's not just safety concerns themselves--it's how your company4986handled them. In 2014, an Administrative Law Judge (ALJ) found Pan Am4987Railways had a ``culture of intimidating employees'' who reported4988injuries. In fact, the ALJ found, ``99 percent of injuries at Pan Am4989that were reportable to the FRA triggered formal charges'' against the4990injured employee.49914992 Question 1. Why should we trust you to ensure the safety of the4993Nation's railroads when the FRA found your own railroad had4994``significant safety issues'' which you failed to give ``serious and4995thoughtful consideration'' to addressing?4996 Answer. I believe FRA's number one mission is safety, and it was4997also my number one focus when I ran Pan Am Railways. During my tenure,4998we were at the forefront of short line safety culture assessments,4999piloting the process with two voluntary assessments through the Short5000Line Safety Institute, one in 2015 and another in 2018.5001 I also believe when you look at Pan Am's safety record and the5002data, including in the two charts below, you can see our dedication to5003safety and our safety record was as good or better than the railroads5004we connected with and/or hosted \1\.5005---------------------------------------------------------------------------5006 \1\ Railroads in the chart are: New England Central Railroad5007(NECR); CSX; Guilford Railroad System also known as Pan Am Railways5008(GRS); Norfolk Southern (NS); Florida East Coast Railway (FEC);5009Massachusetts Bay Transportation Authority (MBTA); New York,5010Susquehanna & Western Railway (NYSW); Amtrak (ATK); Massachusetts5011Coastal Railroad (MCRL); Providence and Worcester Railroad (PW); and5012Housatonic Railroad (HRRC).50135014[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]50155016 If confirmed, I will continue to put safety first, follow the data,5017---------------------------------------------------------------------------5018and work collaboratively to make a very safe industry even safer.50195020 Question 2. Do you respect the FRA's findings about Pan Am5021Railway's safety failings?5022 Answer. I respect the work of the FRA and FRA's safety experts.50235024 Question 3. Do you believe it is ever acceptable to retaliate5025against a worker for reporting an injury on the job?5026 Answer. No.50275028 Question 4. How do you explain the ALJ's findings about Pan Am5029Railway's ``culture of intimidating employees''?5030 Answer. I recognize that our industry, including Pan Am Railways,5031was slow to adjust to FRA and OSHA rule and process changes regarding5032incident investigations. We made mistakes, learned from them, and5033strived for continuous improvement in our safety record and culture.50345035 Question 5. Do you think the ALJ was wrong?5036 Answer. My experience and recollection over the course of my time5037leading Pan Am Railways does not align with the ALJ's findings in 2014.50385039 Question 6. Do you dispute the ALJ's 2014 finding that ``When there5040is a reportable injury at Pan Am, 99 percent of the time formal charges5041are brought against the injured employee''?5042 Answer. I recognize that our industry, including Pan Am Railways,5043was slow to adjust to FRA and OSHA rule and process changes regarding5044incident investigations. We made mistakes, learned from them, and5045strived for continuous improvement in our safety record and culture.50465047 Question 7. Do you dispute the ALJ's 2014 finding that Pan Am5048Railway's charges of dishonesty against the injured employee5049constituted ``unlawful retaliation''?5050 Answer. I accept the findings of the ALJ.50515052 Railway Safety Act. Mr. Fink, the Railway Safety Act would have set5053new safety requirements for advanced technologies that could have5054prevented the East Palestine derailment.5055 Vice President Vance helped write this bill when he was on the5056Commerce Committee, and President Trump endorsed the bill on May 8,50572023.50585059 Question 1. As the President's pick to be the leader on rail5060safety, do you support the Railway Safety Act? If not, please explain5061why not.5062 Answer. Rail safety is FRA's primary mission. If confirmed, I will5063implement any legislation passed by Congress and signed into law by5064President Trump that is under FRA's jurisdiction.50655066 Pan Am's criminal record of environmental safety violations. Mr.5067Fink, I asked you at the hearing about your company, Pan Am, being5068convicted in 2009 for failing to report a hazardous material spill to5069the Massachusetts Department of Environmental Protection. Investigators5070discovered that Pan Am employees had paved over a 900-gallon diesel oil5071spill in their rail yard in Ayer, Massachusetts, instead of reporting5072the spill immediately. Without the anonymous caller who reported this5073spill, it may have never come to public light at all.50745075 Question 1. Are you aware of any other hazardous material spills5076that Pan Am did not report to authorities as legally required?5077 Answer. Yes, please refer to listed consent agreements in my5078questionnaire addendum submitted to the Committee.50795080 Question 2. Are you aware of any other hazardous material spills5081that Pan Am employees tried to pave over or otherwise illegally cover5082up?5083 Answer. No.50845085 Department of Transportation (DOT) Inspector General report on5086improving FRA's inspection and oversight of worker protection5087regulations. On May 14, 2025, the DOT's Office of Inspector General5088released a report, ``FRA Needs to Improve Its Inspection and Data5089Collection Processes to Effectively Oversee Compliance with the Roadway5090Worker Protection Regulation,'' that made 13 recommendations. FRA5091concurred with all 13 recommendations.50925093 Question 1. If confirmed, will you commit to ensuring FRA5094implements the Inspector General's 13 recommendations to improve worker5095protection?5096 Answer. If confirmed, I will work with our safety experts to take5097appropriate action to ensure the safety of all rail employees and those5098who come in contact with our Nation's rail network.5099 ______51005101 Response to Written Questions Submitted by Hon. Gary Peters to5102 David Fink5103 Question 1. I mentioned in my opening remarks Michigan Central5104Station and efforts to expand and improve passenger rail service across5105Michigan's three passenger lines. The Bipartisan Infrastructure Law's5106Corridor ID Program has been integral to our state doing the ridership5107analysis they need to support future expansion. But Corridor ID grants5108don't mean much if we don't follow them up with investment.51095110 a. If confirmed, do you commit to ensuring that Amtrak sees the5111additional funding and support it needs to follow up on Corridor ID5112work to expand passenger rail where appropriate--including in Michigan?5113 Answer. If confirmed, I will oversee the implementation of5114authorized programs and appropriated funds under FRA's jurisdiction, in5115accordance with law. I look forward to learning more about the Corridor5116ID program, funding needs, and Michigan's vision.51175118 b. Do you think cuts and additional barriers to Amtrak's expansion5119will harm the ability to serve more folks in the Midwest?5120 Answer. I support Amtrak's national network and, if confirmed, I5121look forward to ensuring that funding for Amtrak is being used5122effectively to serve Americans across the country, including in the5123Midwest.51245125 Question 2. Mr. Fink, in your time running a Class II railroad, you5126were required to work with F-R-A and Amtrak to host passenger service5127on your line. The main driver of Amtrak delays in 2023 was freight rail5128train interference--meaning companies are not living up to their5129statutory duty to ensure on-time passenger service.51305131 a. Do you agree that freight rail operations are a main driver of5132lack of on-time performance?5133 Answer. During my time at Pan Am Railways, we hosted 12 Amtrak5134trains a day. I understand the difficulties of running passenger and5135freight on the same line. It was not easy at the beginning, but I5136worked closely with the state-sponsor for the route, Northern New5137England Passenger Rail Authority (NNEPRA), on agreements and to5138identify targeted investments that allowed us to become a preferred5139Amtrak host.51405141 b. If confirmed, do you commit to taking a firm stance on on-time5142Amtrak performance, including by holding railroad operators to account?5143 Answer. I commit to working collaboratively with all necessary5144stakeholders--including you and your staff, as appropriate--to improve5145Amtrak on-time performance.51465147 Question 3. Mr. Fink, you have referenced your support for safety5148at FRA. Would you support increasing the number of safety inspectors at5149FRA to expand inspection capacity?5150 Answer. Safety inspectors are vital because rail safety is FRA's5151primary mission. I would not support reducing the number of safety5152inspectors. If confirmed, I will prioritize looking into this, making5153sure we have the right number of safety inspectors, and that they have5154the tools to get the job done.51555156 Question 4. Mr. Fink, you have discussed your desire to work on5157blocked and unsafe railroad crossings. I agree this is a huge issue5158impacting communities--in my state from Manistee to Romulus, Michigan.5159That's why we created the Railroad Crossing Elimination Grant Program5160in the Bipartisan Infrastructure Law. It's important that a program5161specific to this problem exists, since it was getting overlooked as an5162eligible use of other programs like CRISI. If confirmed, will you5163commit to supporting the continuation of a separate funding stream for5164the Railroad Crossing Elimination Grant Program so we can tackle this5165issue directly?5166 Answer. Blocked crossings are a priority for me and the Secretary5167of Transportation. I have heard very positive things about the Railroad5168Crossing Elimination grant program. If confirmed, I will ensure that5169enacted legislation, including the existing authorization and funding5170for the Railroad Crossing Elimination program, is implemented in5171accordance with law.51725173 Question 5. Will you continue FRA's work with Amtrak and5174interagency partners as necessary to establish cross-border Amtrak5175service from Detroit to Windsor via Michigan Central Station?5176 Answer. If confirmed, yes.5177 ______51785179 Response to Written Question Submitted by Hon. Tammy Baldwin to5180 David Fink5181 Question. Track defects are one of the top causes of train5182derailments. Federal safety regulations currently require railroads to5183inspect their railroad track twice a week for 27 types of track5184defects, including broken rails, rotten ties, drainage issues including5185where the roadbed has washed away, and track geometry flaws.5186 The railroads are actively seeking to reduce visual track5187inspections by upwards of 75 percent to twice a month and instead rely5188solely on a technology that's been around since the 1970s called Track5189Geometry Measurement Systems, also known as Automated Track Inspection5190(ATI). ATI can only detect track geometry flaws and thus can only5191inspect for 26 percent of the track defects that a human track5192inspection does. It cannot fully replace human track inspectors.5193 Mr. Fink, will you commit to protecting the current level of visual5194track inspections and deny any railroad waivers seeking to reduce those5195visual inspections?5196 Answer. If confirmed, I commit to ensure we have appropriate5197Federal oversight of track inspections to keep our railroads safe.5198 ______51995200 Response to Written Questions Submitted by Hon. Jacky Rosen to5201 David Fink5202 The FRA's Railroad Crossing Elimination Grant Program and the5203FHWA's Section 130 programs are critical funding streams that allow5204communities to tackle grade crossing safety challenges, whether through5205rail crossing closures or the installation of safety devices. The5206Nevada Department of Transportation partnered with the Union Pacific5207Railroad to successfully streamline and improve project implementation5208and approval process for Section 130 projects, which has led to5209improved safety at rail crossings in our state.52105211 Question 1. Mr. Fink, if confirmed, would you continue to support5212these critical programs and ensure any funding Congress appropriates5213for them is quickly and efficiently distributed, in line with the law?5214 Answer. From my time with Pan Am Railways, I understand the5215importance of the Section 130 program; however, if confirmed as5216Administrator of the FRA, I will not have jurisdiction over this5217program. I have heard very positive things about the Railroad Crossing5218Elimination grant program. If confirmed, I will ensure that enacted5219legislation, including the existing authorization and funding for the5220Railroad Crossing Elimination program, is implemented in accordance5221with law.5222 Nevada is the Nation's leader in tourism and hospitality service, a5223sector that heavily relies on freight trains to bring in goods from5224out-of-state and from ports to support the industry. The Interstate 155225corridor, which runs from California to Nevada, is heavily crowded on a5226regular basis, leading to slower speeds and longer traveling times.5227This makes it difficult for trucks to move along the interstate5228efficiently, making reliable freight rail service along the corridor5229all the more important.52305231 Question 2. Mr. Fink, if confirmed, how do you plan to support a5232more reliable freight rail system that moves goods quickly and5233efficiently to states that rely on imports like Nevada, but still5234promotes safety as its core priority?5235 Answer. Our country's freight rail system is the envy of the world.5236I intend to continue the trend of safety improvements we've seen5237throughout history. A safe railroad is a reliable railroad, and, with5238balanced regulation and the use of proven safety technology, we can5239ensure both safety and efficiency are achieved.5240 I am so proud that one of the highest profile rail projects in the5241country is headquartered in my home state of Nevada. Brightline West5242received a $3 billion grant from the Federal-State Partnership for5243Intercity Passenger Rail program. Secretary Duffy has publicly singled5244out this project and mentioned that Brightline West has his support.5245Nevada DOT is the grant recipient and Brightline West is building and5246will operate the system. It is a great public-private partnership.52475248 Question 3. Mr. Fink, I would like to understand your views on how5249Brightline is changing the way we think of implementing passenger rail5250projects and your commitment to making sure that any FRA approvals are5251made a top priority to keep Brightline West on schedule, and how you5252plan to work with stakeholders to ensure any implementation issues are5253addressed.5254 Answer. Brightline West is an innovative public-private partnership5255using an existing transportation corridor. Brightline has a proven5256track record with their service in Florida, and I look forward to5257learning more about this exciting high-speed rail project, if5258confirmed.5259 ______52605261 Response to Written Questions Submitted by Hon. Ben Ray Lujan to5262 David Fink5263 Question 1. Under your leadership, the railroad you ran was found5264to have ``critical safety concerns,'' a culture of retaliation, high5265accident rates, and extremely poor track conditions, which increased5266the risk of derailments. The FRA, the agency you are nominated to lead,5267attributed these to ``failure of PanAm's leadership.'' What makes you5268qualified to hold other companies accountable to standards that your5269company could not meet?5270 Answer. I believe FRA's number one mission is safety, it was also5271my number one focus when I ran Pan Am Railways. During my tenure, we5272were at the forefront of short line safety culture assessments,5273piloting the process with two voluntary assessments through the Short5274Line Safety Institute, one in 2015 and another in 2018.5275 I also believe when you look at Pan Am's safety record and the5276data, including in the two charts below, you can see our dedication to5277safety and our safety record was as good or better than the railroads5278we connected with and/or hosted \2\.5279---------------------------------------------------------------------------5280 \2\ Railroads in the chart are: New England Central Railroad5281(NECR); CSX; Guilford Railroad System also known as Pan Am Railways5282(GRS); Norfolk Southern (NS); Florida East Coast Railway (FEC);5283Massachusetts Bay Transportation Authority (MBTA); New York,5284Susquehanna & Western Railway (NYSW); Amtrak (ATK); Massachusetts5285Coastal Railroad (MCRL); Providence and Worcester Railroad (PW); and5286Housatonic Railroad (HRRC).5287---------------------------------------------------------------------------5288 If confirmed, I will continue to put safety first, follow the data,5289and work collaboratively to make a very safe industry even safer.52905291 Question 2. Did Joe Biden lawfully win the 2020 presidential5292election?5293 Answer. Joe Biden was the certified winner of the 2020 presidential5294election.52955296 Question 3. Did Donald Trump lawfully win the 2024 presidential5297election?5298 Answer. Donald Trump was the certified winner of the 20245299presidential election.5300 ______53015302Response to Written Questions Submitted by Hon. Lisa Blunt Rochester to53035304 David Fink5305 Question 1. As President of Pan Am Railways, you helped facilitate5306the expansion of Amtrak's Downeaster service, which received $385307million in Federal grants and improved Pan Am-owned tracks. Do you5308agree that federally backed passenger rail expansions are mutually5309beneficial to passenger railroads, freight railroads, and their5310surrounding communities? Please detail any benefits.5311 Answer. Yes, with appropriate infrastructure investments determined5312in collaboration with host railroads, like those carried out on Pan Am5313Railways as part of hosting 12 Amtrak trains per day sponsored by the5314Northern New England Passenger Rail Authority (NNEPRA), I agree that5315passenger rail expansion can be mutually beneficial.53165317 Question 2. Delaware received a Corridor ID grant in December 20235318to work towards implementing a service similar to Amtrak's Downeaster.5319Will you commit to working with me to do everything possible to ensure5320we restore rail access to Southern Delaware?5321 Answer. If confirmed, I look forward to learning more about this5322project and working with you.53235324 Question 3. In October 2024, the University of Delaware received a5325CRISI grant to create a program to educate the next generation of5326railroad technical professionals using the HTL track at the5327Transportation Technology Center. Will you uphold and expand on FRA's5328previous commitments to rail workforce development programs led by5329universities?5330 Answer. If confirmed, I look forward to learning more about this5331project and efforts to train the next generation of railroad workers.53325333 Question 4. As you know, the American rail industry is a symbol of5334American ingenuity that successfully connected our coasts. Across the5335globe, China has been leveraging its high-speed rail investments to5336build influence and forge strategic partnerships, from Southeast Asia5337to Europe, with its Belt and Road Initiative (BRI). I believe that we5338should use our rail industry as a beacon of connectivity to counter5339China's BRI. Our rail industry should be the ``iPhone'' for rails5340across the world. But we can't do that without investment. And the fact5341is, before the historic funding levels of the Bipartisan Infrastructure5342Law, this Congress failed to adequately invest in the rail5343transformation we so desperately need to match our competition across5344the globe.5345 Do you support the historic funding levels and advanced5346appropriations included in the last surface reauthorization for5347freight, Amtrak, and passenger rail, so that we can counter China's5348BRI?5349 Answer. I want to make sure our freight rail network remains the5350envy of the world and ensure that our intercity passenger rail services5351are safe, reliable, and efficient.53525353 Question 5. Will you advocate to the President to maintain these5354funding levels in his budget request to Congress?5355 Answer. If confirmed, I will dive into the numbers to better assess5356current funding levels and needs of the freight and passenger rail5357industry.5358 ______53595360 Response to Written Questions Submitted by Hon. Dan Sullivan to5361 David Fogel5362 I cannot stress enough that Alaska is the superpower of seafood,5363supporting 1.6 million jobs and providing 10 billion meals each year.5364However, we still have critical issues affecting the stability of our5365seafood trade. We are being taken advantage of in the global market.5366Russia and China are employing unfair trade practices and predatory5367pricing to cheat the markets and undercut our hardworking American5368fishermen.5369 America can compete--and win--if we are given a fair chance in the5370markets. For that, we need reciprocity in our trade deals with China5371and Russia. And we need enforcement. We need you to hold these5372countries to their word, particularly China. During President Trump's5373first term, we worked with them to strike a pretty decent deal. Under5374Phase One of that agreement, China was supposed to purchase $80 billion5375of American agriculture, and it was a priority for us for that to5376include seafood.5377 These numbers were aimed to be above a 2017 baseline of purchases,5378but China continues to operate well below even that baseline--including537944 percent below the year after the agreement was signed. But guess5380what, they haven't. We need you to get China to hold up their end of5381the agreement, and I promise you, Mr. Fogel, that our fishermen will5382return to being the seafood powerhouse that they can be. There is a5383reason that the National Marine Fisheries Service is within the5384Department of Commerce, and in recent years we have been forgotten in5385the trade space.53865387 Question 1. I would even encourage you to work with Ambassador5388Greer at USTR on opening a Section 301 unfair trade investigation on5389Russia and China with regard to seafood, which was in the President's5390recent Seafood Executive Order. I am confident that you all would5391uncover plenty of ways they are cheating the markets and it will give5392you the leverage you need to impose meaningful sanctions. Will you5393prioritize fisheries when you are thinking about trade deals?5394 Answer. If confirmed, I look forward to working with you to ensure5395that America's critical industries are competitive.5396 Mr. Fogel, I know we have not had a chance to meet yet one-on-one5397yet, but I want to bring up the current reciprocal ban on Russian5398Seafood. I have talked with Secretary Lutnick and just about every5399other Cabinet Secretary about this. It is the easiest first step you5400can take in advancing the President's Executive Order on Restoring5401American Seafood Competitiveness.5402 Russia has banned U.S. seafood from its markets since 2014.5403However, for many years, Russia was not subject to any special import5404duties in the U.S. Meanwhile, Russia has drastically increased seafood5405production since 2022 and is openly working to flood both U.S. and5406global markets with cheap seafood to push out U.S. product.5407 All the while, our hardworking fishermen could not export a single5408fish to Russia. For nearly 10 years we allowed them to do this and for5409years, I advocated to address this asymmetrical and very unfair trade5410relationship. I was finally successful in getting the last5411Administration to roll out a couple of executive orders to put a stop5412to this and restore reciprocity. If we can't enter the Russian market,5413they shouldn't be able to flood ours, too.5414 EO 14068 in 2022 banned imports of Russian seafood. However, Russia5415began laundering their seafood through China to circumvent the ban. EO541614114 in 2023 closed this loophole and made it abundantly clear than5417any seafood harvested in Russia is banned from import into the U.S.--5418even if it goes through processing in another country.5419 We are finally beginning to see this ban have effects on the5420market. American importers are beginning to buy Alaskan ``Freedom5421Fish'' instead of Russian ``Communist Fish'' and prices are beginning5422to stabilize for our fishermen. There has been a lot of concern with5423ongoing negotiations over Ukraine that this ban could be lifted as part5424of a peace agreement. However, I want to be very clear that this is5425about fair trade and reciprocity--not the war in Ukraine.54265427 Question 2. Mr. Fogel, will you commit to keeping these reciprocal5428executive orders--EO 14068 and EO 14114--in place? They are critical to5429keeping our seafood trade fair.5430 Answer. If confirmed, I look forward to working with you to ensure5431that America's critical industries are competitive.5432 ______54335434 Response to Written Questions Submitted by Hon. Maria Cantwell to5435 David Fogel5436 CHIPS and Science Act. At our last confirmation hearing, I was5437pleased to see Mr. Paul Dabbar, nominee to serve as Deputy Secretary of5438Commerce, reaffirm his support for the CHIPS and Science Act, which I5439believe it essential to U.S. national security and economic leadership.5440 Mr. Fogel, you have also voiced support for the CHIPS Act in the5441past, writing in an April 2023 piece for the Atlantic Council, ``The5442actions taken to cut off China's external supply chain for5443semiconductors, combined with the attempt to bolster U.S. semiconductor5444manufacturing under the CHIPS Act, represents the complex nature of how5445best to combat China.''54465447 Question 1. Mr. Fogel, why do you believe the CHIPS and Science Act5448is so important to these efforts?5449 Answer. I agree with President Trump and Secretary Lutnick that the5450semiconductor industry is essential to our national and economic5451security as well as our technological competitiveness.54525453 Question 2. Yes or no: Do you oppose getting rid of the CHIPS Act?5454If not, please explain.5455 Answer. If confirmed, I will support the efforts of President Trump5456and Secretary Lutnick to ensure America's technological5457competitiveness.54585459 Tariffs. Mr. Fogel, the Trump Administration's start-and-stop5460approach to tariffs is giving American families and businesses economic5461whiplash. American companies--especially small-and-mid sized5462businesses--need certainty and predictability in order to survive and5463thrive.5464 During your Senate Banking hearing, you made clear that you support5465this Administration's tariffs agenda. But you acknowledged that even in5466the best-case scenario, it will, quote, ``take time'' for U.S.5467companies to adjust.5468 Mr. Fogel, let me tell you: American small businesses don't have5469the luxury of ``time.''54705471 Question 1. Mr. Fogel, as someone who supports this5472Administration's tariffs agenda, how much ``time'' are you willing to5473force American businesses to endure before there is certainty around5474these misguided tariffs?5475 Answer. If confirmed, I will support the efforts of President Trump5476and Secretary Lutnick to rebalance our trading relationships.54775478 Question 2. Do you acknowledge that this Administration's current5479tariffs agenda risks undermining U.S. exports and the ability for U.S.5480firms to access foreign markets, which you would be tasked with5481promoting if confirmed?5482 Answer. If confirmed, I will support the efforts of President Trump5483and Secretary Lutnick to ensure America's competitiveness.54845485 Question 3. Do you agree that retaliatory tariffs on American5486goods--which countries have already threatened--would make your job5487harder? If no, please explain.5488 Answer. See above.54895490 Question 4. Senator Grassley and I recently introduced the Trade5491Review Act of 2025, a bill that would reassert Congress's5492constitutional control over tariffs. This bill would require5493Congressional approval for tariffs and help dial back Trump's5494unilateral trade war. Do you support this bill?5495 Answer. I believe President Trump and Secretary Lutnick have done a5496remarkable job of highlighting the staggering trade deficit and5497insidious non-tariff trade barriers we have with the rest of the world.5498If confirmed, I look forward to working with Congress on efforts to5499help combat decades of unfair trade practices that have harmed American5500workers and businesses.55015502 Question 5. As a lawyer, do you agree that Congress has5503constitutional authority over trade policy, including tariffs?5504 Answer. If confirmed, I look forward to working with Congress,5505including on potential legislation and efforts to help combat decades5506of unfair trade practices that have harmed American workers and5507businesses.55085509 Question 6. Are you aware of whether the Administration intends to5510use tariffs primarily as a revenue generating tool or for leverage as a5511negotiating tool? If yes, please detail your basis for this5512understanding.5513 Answer. The Administration has made clear that tariffs imposed by5514President Trump serve multiple strategic purposes, including protecting5515our national and economic security, combatting large and persistent5516trade deficits that have harmed American workers, businesses, and5517communities, and supporting negotiations for more fair and reciprocal5518trade agreements. This strategy has already shown clear results.55195520 Question 7. Even Secretary Lutnick has acknowledged that tariffs5521will cause prices to increase for consumers. Given that, do you think5522retailers should be required to disclose the portion of their list5523prices reflecting the additional cost from tariffs?5524 Answer. If confirmed, I look forward to advising the Secretary on5525matters within my portfolio.55265527 Secretary Lutnick's Statements regarding Elon Musk. Mr. Fogel,5528serious concerns have been raised regarding Secretary Lutnick's5529compliance with Federal ethics laws. On March 19, 2025, Secretary5530Lutnick went on national television and urged Americans to ``buy5531Tesla'' stock and said anyone who doesn't buy a Tesla robot ``is going5532to be silly.''5533 As I'm sure you know from your prior Federal service, Federal5534ethics rules generally prohibit Federal officials from using their5535public office to endorse any product or service.55365537 Question 1. Yes or no: If confirmed, will you pledge not to5538publicly call for Americans to buy stock in any of Elon Musk's5539companies? If not, why not?5540 Answer. I will follow all ethics laws and regulations.55415542 Question 2. Yes or no: If confirmed, will you commit not to favor5543Elon Musk's companies or products while you promote U.S. trade5544internationally?5545 Answer. I will follow all ethics laws and regulations.55465547 Question 3. Yes or no: Will you commit to fully complying with all5548Federal ethics rules?5549 Answer. Yes.5550 ______55515552 Response to Written Questions Submitted by Hon. Gary Peters to5553 David Fogel5554 Question 1. If confirmed, you will play a key role at the5555Department of Commerce crafting trade agreements with foreign5556governments to ensure our Nation's economic and national security. From5557polysilicon for solar panels to finished steel products to dried tart5558cherries, I've heard from stakeholders in my state that have been5559severely disadvantaged due to unfair dumping and countervailing5560practices by Chinese companies. My fear is that given this President's5561desire to continue to push this chaotic tariff strategy--coupled with5562the Administration's efforts to reduce the Federal workforce--the5563enforcement mission of agencies like the I-T-A will be decimated and5564overlooked. Yes or No--if confirmed:5565 a. Do you commit to carrying out investigations and imposing duties5566in a fair and transparent manner?5567 Answer. If confirmed, I look forward to advising the Secretary on5568matters within my portfolio.55695570 b. Do you commit to working with members of this committee,5571including myself, on trade issues raised by our domestic companies?5572 Answer. If confirmed, I look forward to working with Congress on5573efforts to help combat decades of unfair trade practices that have5574harmed American workers and businesses.55755576 Question 2. President Trump's tariffs have rattled trade5577relationships with our allies and partners like Canada and others.5578These allies and partners have historically worked with us to counter5579unfair Chinese trade practices. This will be especially important as it5580relates to Chinese electric and other vehicles, which are flooding5581other major markets at artificially low prices.55825583 a. Do you agree that we must maintain tariff and non-tariff trade5584barriers against Chinese connected and electric automobiles?5585 Answer. If confirmed, I will support the efforts of President Trump5586and Secretary Lutnick to ensure America's competitiveness.55875588 b. Do you believe we must cooperate with partners and allies to5589counter China's quest for dominance in the automotive and other key5590manufacturing industries and what actions would you take in your role5591to ensure that occurs despite Trump's current tariff disputes?5592 Answer. If confirmed, I will support the efforts of President Trump5593and Secretary Lutnick to ensure America's competitiveness.5594 ______55955596 Response to Written Questions Submitted by Hon. Ben Ray Lujan to5597 David Fogel5598 Question 1. A small business in New Mexico wrote to my office and5599said, ``We serve a worldwide market. Globalized businesses like ours5600create a large trade surplus for the United States and New Mexico.5601While we spend hundreds of thousands of dollars in China each year, we5602bring in millions to the U.S. from Asia, Europe, Japan, and Canada.5603These tariffs will force us to raise our prices significantly and are5604likely to put us out of business.'' How is the U.S. Commercial Service5605going to help New Mexican small businesses export their goods and5606services abroad, especially when their bottom line is harmed by5607retaliatory tariffs and tariffs on component goods?5608 Answer. The U.S. Commercial Service plays an important role in5609helping all American businesses--including those in New Mexico--5610navigate foreign markets, identify opportunities, and overcome trade5611barriers. If confirmed, I will assess the Commercial Service's ability5612to meet these goals and will look to continue and improve its efforts5613to support American exporters and workers.5614 Helping businesses diversify export destinations, understand market5615conditions, and access Federal resources can strengthen the global5616competitiveness of exporters and ensure that more communities benefit5617from expanded trade opportunities.56185619 Question 2. Did Joe Biden lawfully win the 2020 presidential5620election?5621 Answer. President Biden was sworn in as President on January 20,56222021.56235624 Question 3. Did Donald Trump lawfully win the 2024 presidential5625election?5626 Answer. President Trump was sworn in as President on January 20,56272025.5628 ______56295630 Response to Written Question Submitted by Hon. Dan Sullivan to5631 Pierre Gentin5632 Mr. Gentin, you may have seen or heard last week some of my5633frustration about making sure that NOAA gets the staff and funding that5634it needs to do fisheries surveys. I was glad to see that the Secretary5635did get the contract for the Oscar Dyson signed, and I very much5636appreciate that.5637 However, I want to take this opportunity to ensure that you, too,5638are aware of how important some of NOAA's basic functions are to5639support Alaska's fishermen. NOAA needs to complete fisheries surveys so5640that we have a robust view of our stocks so that we can fish5641sustainably. Without timely surveys, it shortens our fishing seasons5642and people's ability to make a living.5643 It is not as simple as just jumping on a boat and doing these5644surveys. Particularly in Alaska, the weather only cooperates for a5645small window of time each year and contracts and staff have to be in5646place on time, or you miss the whole season.5647 I really appreciate the Secretary and this administration's efforts5648to make sure we are being fiscally responsible, but I do want to stress5649the importance of timing to kick these surveys off.56505651 Question 1. Mr. Gentin, I'm glad you'll be helping the Secretary5652accomplish his very important work. Can you commit to staying on top of5653all of the various minutiae of logistics necessary for NMFS to do5654fishery surveys?5655 Answer. I appreciate the importance of NOAA fisheries to Alaskans.5656If confirmed, I will work diligently with the Secretary to ensure NMFS5657has all the resources it requires to conduct fishery surveys.5658 ______56595660 Response to Written Questions Submitted by Hon. Maria Cantwell to5661 Pierre Gentin5662 Congressionally mandated programs and agencies. Mr. Gentin, as a5663lawyer, I presume you are familiar with our Constitution and separation5664of powers. So you know that, under our Constitution, Congress has the5665power to pass laws, and the Executive Branch executes the laws as5666Congress enacted.56675668 Question 1. Do you agree that the President must comply with the5669law?5670 Answer. Yes.56715672 Question 2. If you are confirmed as General Counsel at the5673Department of Commerce (DOC, Commerce, Department), will you advise the5674Secretary to comply with the law?5675 Answer. Yes.56765677 Question 3. Do you agree that the Executive Branch cannot lawfully5678eliminate an agency unilaterally that Congress authorized and5679appropriated funding for?5680 Answer. The Executive Branch is required to faithfully execute the5681law. If confirmed, I commit to advising the Department to adhere to the5682law.56835684 Question 4. Do you agree that the Department has a legal obligation5685to comply with its contractual commitments?5686 Answer. The Department has an obligation to follow the law.56875688 CHIPS and Science Act. At our last confirmation hearing, I was5689pleased to see Mr. Paul Dabbar, nominee to serve as Deputy Secretary of5690Commerce, reaffirm his support for the CHIPS and Science Act, which I5691believe it essential to U.S. national security and economic leadership.56925693 Question 1. Mr. Gentin, you have been serving at the Department as5694a senior advisor in the Office of the Secretary since February 2025.5695Are you aware of any effort to get rid of the CHIPS Act?5696 Answer. I am unaware of any efforts to get rid of the CHIPS Act.56975698 Question 2. Mr. Gentin, if confirmed, will you commit to ensuring5699the Department's contractual obligations to companies under the CHIPS5700Act are honored?5701 Answer. If confirmed, I commit to advising colleagues in the5702Department to follow the law.57035704 Secretary Lutnick's Absent Leadership. I fear one reason we have5705seen so much chaos at the Commerce Department is that Secretary Lutnick5706appears to be focused on priorities that fall outside the Department's5707core mission.5708 According to reports from the Wall Street Journal on April 7 and5709the New York Times on April 28, Secretary Lutnick is at the White House5710more than any other Cabinet Secretary, and he is telling people that he5711plans to spend most of his time at the White House moving forward--not5712at the Commerce Department. Meanwhile, inside the Department, employees5713say morale has plummeted as leadership has left them rudderless.57145715 Question 1. Mr. Gentin, how many hours per week is Secretary5716Lutnick working at the Commerce Department?5717 Answer. The Secretary works tirelessly and is fully focused on the5718Department's mission to create the conditions for economic growth and5719opportunity for our country.57205721 Question 2. Has Secretary Lutnick ever told you that he plans to5722spend most of his time at the White House?5723 Answer. No.57245725 Question 3. We have all seen Secretary Lutnick regularly on TV and5726at the White House. If confirmed, how will you help fill this5727leadership void at the Department?5728 Answer. There is no leadership void at the Department. The5729Secretary is fully focused on the Department's mission to create the5730conditions for economic growth and opportunity for our country.57315732 Question 4. If confirmed, will you commit to spend the majority of5733your time at the Commerce Department working on the programs and5734policies that fall squarely in its remit?5735 Answer. If confirmed, I commit to focusing on the Department's5736mission to create the conditions for economic growth and opportunity5737for our country.57385739 Senior Advisor. Mr. Gentin, you have been working at the Department5740of Commerce since February 2025.57415742 Question 1. How often do you meet with Secretary Lutnick?5743 Answer. I meet with the Secretary on a regular basis.57445745 Question 2. I understand you told my staff that your current job5746consists of spending time familiarizing yourself with programs and5747bureaus at the Department. Which programs and bureaus have you focused5748on?5749 Answer. I have been focused on developing an understanding of each5750of the bureaus in the Department.57515752 Question 3. As of May 14, 2025, you still have not completed your5753financial disclosure information as specified in the Committee's5754questionnaire--even after my staff identified these omissions in an e-5755mail on May 2, 2025, and reiterated these omissions in subsequent e-5756mails and raised them with you in person on May 8, 2025. When were you5757first made aware that your questionnaire was incomplete?5758 Answer. I submitted my questionnaire in March 2025 and understood5759it to be a complete submission. In response to questions from your5760staff in May, I submitted addenda on May 12 and May 16, 2025.57615762 Question 4. You had well over a week to address the omissions in5763your questionnaire identified by my staff before your confirmation5764hearing. Why didn't you submit a complete questionnaire by your5765hearing, as is expected of all nominees?5766 Answer. I submitted my questionnaire in March 2025 and understood5767it to be a complete submission. In response to questions from your5768staff in May, I submitted addenda on May 12 and May 16, 2025.57695770 Question 5. Do you think fully responding to the items in the5771Committee's questionnaire is optional?5772 Answer. I submitted my questionnaire in March 2025 and understood5773it to be a complete submission. In response to questions from your5774staff in May, I submitted addenda on May 12 and May 16, 2025.57755776 DOGE. During your confirmation hearing, you stated that you5777attended a meeting with Elon Musk at the White House. You also stated5778that you met two DOGE representatives at the Commerce Department. I5779have serious concerns about the extent to which Elon Musk and DOGE are5780driving the chaos we're seeing at the Department.57815782 Question 1. Please describe what you discussed with Elon Musk at5783the White House.5784 Answer. I attended an informal meeting at which Mr. Musk was5785present. I did not speak with anyone during that meeting.57865787 Question 2. Are you aware of other DOGE members, beyond the two5788individuals you met, working at the Department? If so, please identify5789these individuals and describe their portfolios as you understand them.5790 Answer. I was introduced in passing to two individuals affiliated5791with DOGE. I do not recall their names and do not know what, if any,5792their portfolios are in the Department.57935794 Question 3. At the hearing, you testified that you did not know the5795names of the two DOGE members you were introduced to. You also5796testified that neither of these individuals was Nate Cavanaugh, who5797also is a member of DOGE working at the Department. However, you told5798my staff that you have never met or spoken with Mr. Cavanaugh. So, how5799do you know that neither of these two DOGE members was Mr. Cavanaugh?5800 Answer. I was introduced in passing to two individuals affiliated5801with DOGE. My best recollection is that neither of them was introduced5802as Mr. Cavanaugh.58035804 Question 4. Please confirm whether you have met or spoken with Mr.5805Cavanaugh. If you have, please provide details of any such encounter.5806 Answer. I have no recollection of meeting or speaking with Mr.5807Cavanaugh.58085809 Question 5. Yes or no: If confirmed, will you commit not to allow5810members of DOGE to access systems or information at the Commerce5811Department that they are not legally permitted to access?5812 Answer. If confirmed, I will advise colleagues in the Department to5813follow the law when making decisions regarding access to its systems5814and information.58155816 Minority Business Development Agency (MBDA). Congress statutorily5817authorized MBDA in 2021. We passed a law appropriating money to fund5818the agency. But the Administration acknowledged ``fully eliminated''5819the agency in its recommendations on discretionary funding levels for5820Fiscal Year (FY) 2026.58215822 Question 1. Where in the Constitution does it give the Commerce5823Department the authority to overrule laws passed by Congress?5824 Answer. There is a Presidential Executive Order directing various5825Federal departments to take action regarding certain subagencies,5826including MBDA. My understanding is that Executive Order is currently5827the subject of ongoing litigation to which the Department is a party.58285829 Question 2. My Commerce Committee colleagues and I have sent three5830letters to the Department regarding the dismantling of the MBDA. You5831were present at Mr. Dabbar's confirmation hearing where these letters5832were raised. Nonetheless, you testified that you were ``not aware of5833those letters.'' How is this possible?5834 Answer. I have no awareness of the detail of any letters that have5835been sent to the Department regarding MBDA or of the Department's5836responses.58375838 Question 3. You testified that you would ``go back to the5839Department of Commerce'' after your hearing and ``try to get those5840letters responded to.'' What specific steps have you taken to5841accomplish this?5842 Answer. It is my understanding that the Department of Commerce5843previously responded in a letter dated April 24, 2025.58445845 Question 4. Who at the Department is responsible for responding to5846these letters?5847 Answer. It is my understanding that responding to Congressional5848letters is a collaborative effort involving multiple offices within the5849Department.58505851 Question 5. If confirmed, will you commit to examining the legality5852of the Department's actions to ``fully eliminate'' the MBDA5853unilaterally and advise Secretary Lutnick on any illegalities you5854identify?5855 Answer. If confirmed, I will advise colleagues in the Department to5856follow the law.58575858 Question 6. If you identify any illegalities with the Department's5859actions toward MBDA, do you believe Congress should be notified?5860 Answer. If confirmed, I will advise the Department to follow the5861law with respect to any required Congressional notifications.58625863 National Oceanic and Atmospheric Administration (NOAA). The Trump5864Administration is pursuing a FY 2026 budget proposal that would reduce5865NOAA's budget by more than 25 percent, eliminate Congressionally5866mandated programs, and transfer part of the National Marine Fisheries5867Service to the Interior Department.5868 During his confirmation hearing, Secretary Lutnick told me that he5869has, ``no interest in separating'' NOAA and that breaking up NOAA, ``is5870not on my agenda.'' Yet, that is exactly what the Administration is5871trying to do.58725873 Question 1. Yes or no: Have you been to any meetings where NOAA was5874discussed? If so, what was the topic of the meeting?5875 Answer. Yes. I have attended meetings to educate myself about the5876various bureaus in the Department, including NOAA.58775878 Question 2. Yes or no: Have you discussed any plans to break up5879NOAA with Secretary Lutnick or anyone else?5880 Answer. No.58815882 Question 3. Do you agree it would be illegal for the Administration5883to eliminate or transfer part of NOAA outside the Commerce Department5884without Congress's approval? Why or why not?5885 Answer. If confirmed, I will commit to advising the Department to5886follow the law with respect to any required Congressional5887notifications.58885889 Bipartisan Infrastructure Law. During your confirmation hearing,5890you indicated that you were not aware of the Bipartisan Infrastructure5891Law (BIL), which is one of the most consequential bipartisan laws in5892modern history. This is deeply concerning for any nominee, especially5893one vying to be the General Counsel of the Commerce Department.58945895 Question 1. If confirmed, will you familiarize yourself with the5896BIL and faithfully execute the law as Congress intended?5897 Answer. If confirmed, I will commit to familiarizing myself with5898legal authorities relevant to the advice I am being called upon to5899deliver.59005901 Digital Equity Act. On Thursday, President Trump posted on Truth5902Social that he and Secretary Lutnick were ending the Digital Equity Act5903(DEA) ``IMMEDIATELY.'' Congress passed the DEA in 2021 as part of the5904Infrastructure Investment and Jobs Act and appropriated $2.5 billion5905for the program, including $1.4 billion to be distributed to all 505906states according to a statutorily determined formula.5907 Despite the clear words of the law, last Friday (May 7, 2025) state5908broadband offices across the country, including in Washington, received5909letters telling them their grants had been canceled.59105911 Question 1. You testified at your confirmation hearing that you5912would follow the law. Yes or no: Is DEA the law?5913 Answer. The Digital Equity Act is a statute that was passed by5914Congress in 2021.59155916 Question 2. What provision of the DEA allows the President and the5917Secretary to ignore its statutorily determined formula?5918 Answer. I have not been confirmed as General Counsel of the5919Department and have not conducted a legal analysis of the Digital5920Equity Act. If confirmed, I will advise colleagues in the Department to5921follow the law.59225923 Question 3. Do you believe it is lawful for the government to5924withhold formula-funded grants to states even where Congress has5925expressly set out the amount of money a state is to receive?5926 Answer. If confirmed, I will advise colleagues in the Department to5927uphold the U.S. Constitution.59285929 Question 4. Can you commit not to leave any of the statutory5930``covered populations'' outlined in the DEA behind and implement the5931Act fully, as intended by Congress?5932 Answer. If confirmed, I will advise colleagues in the Department to5933uphold the U.S. Constitution.59345935 Spectrum. Section 1062 of the 2000 National Defense Authorization5936Act requires that before the Department of Defense is required to turn5937over spectrum that it uses, the Secretary of Defense, Chairman of the5938Joint Chiefs, and Secretary of Commerce must jointly certify the5939alternative band of spectrum ``provides comparable technical5940characteristics to restore essential military capability that will be5941lost as a result of the band of frequencies to be so surrendered.''59425943 Question 1. Mr. Gentin, as General Counsel of the Commerce5944Department, will you ensure that the DOC complies with this law?5945 Answer. If confirmed, I will advise colleagues in the Department to5946follow the law.59475948 Question 2. Are you aware that no such joint certification was made5949by during the first Trump Administration when Department of Defense5950spectrum was identified for auction?5951 Answer. I am not aware of what certifications were or were not made5952during the first Trump Administration.59535954 Question 3. Did the lack of a joint certification during the first5955Trump Administration violate the law?5956 Answer. I am not aware of what certifications were or were not made5957during the first Trump Administration.59585959 BEAD Program. The BIL requires that after the Assistant Secretary5960of Communications and Information approves a state's final proposal in5961the BEAD Program, the Assistant Secretary ``shall make available to the5962eligible entity the remainder of the grant funds allocated to the5963eligible entity.'' Three states have had their final proposals approved5964but no funds have been released.59655966 Question 1. What provision of law allows DOC not to follow the5967clear text of the BIL and ``make available'' BEAD funds to the three5968states with approved plans?5969 Answer. If confirmed, I look forward to working with the Secretary,5970the leadership of NTIA, and counsel at the Department, to effectively5971implement the BEAD Program in an efficient and effective manner.5972 ______59735974 Response to Written Questions Submitted by Hon. Amy Klobuchar to5975 Pierre Gentin5976 Question 1. For years, I've worked to combat the unfair dumping of5977foreign steel into the U.S. market--a persistent threat to Minnesota's5978iron ore industry and the communities that depend on it. While duties5979have been imposed on countries like China, we're now seeing exporters5980shift to third-party countries to transship or lightly process steel5981products in order to evade those trade remedies. To maintain a level5982playing field, our enforcement tools must keep pace with these5983increasingly sophisticated circumvention tactics.59845985 How would you ensure that the Department of Commerce5986 robustly enforces anti-dumping and countervailing duty orders5987 in cases where steel products are being routed through third5988 countries to evade existing duties?5989 Answer. While this is not an issue I will directly oversee, if5990confirmed as General Counsel, I agree that we must defend U.S.5991businesses and workers, including the U.S. steel industry, against5992unfair trade practices. If confirmed, I will work with my colleagues at5993Commerce to help ensure that our antidumping and countervailing duty5994laws are enforced and that third countries are not being used to avoid5995existing trade requirements through transshipment schemes.59965997 Would you support strengthening the Department of Commerce's5998 use of circumvention findings, including expanding5999 investigations where there is credible evidence of6000 transshipment or minor alterations to avoid duties?6001 Answer. Yes.60026003 Question 2. Last month, the U.S. Department of Commerce notified6004Manufacturing Extension Partnership (MEP) programs in 10 states that6005their grants would not be renewed. Additionally, the Department6006notified MEP programs with contracts up for renewal later in the year--6007including the Minnesota MEP partner, Enterprise Minnesota--to not6008submit applications for renewal until future notice.60096010 a. Do you commit to ensuring that congressionally appropriated6011funding for MEP is spent properly and in accordance with Congress's6012intent?6013 Answer. If confirmed, I commit to looking into the legal issues6014associated with the Manufacturing Extension Partnership programs.6015 ______60166017 Response to Written Questions Submitted by Hon. Gary Peters to6018 Pierre Gentin6019 Question 1. Were you aware of the decision to cancel the6020Manufacturing Extension Partnership renewals due April 1 before it was6021made?6022 Answer. No.60236024 a. Will you commit to advising the Secretary to provide certainty6025to MEP programs if confirmed?6026 Answer. If confirmed, I commit to looking into the legal issues6027associated with the Manufacturing Extension Partnership programs.60286029 Question 2. Were you aware of or did you provide any advice related6030to the decision to cancel the State Digital Equity Grants?6031 Answer. No. I was not aware of and did not provide any advice6032related to State Digital Equity Grants.60336034 Question 3. Without input from Congress, is it legal for the6035administration to simply cancel funding for authorized and appropriated6036programs like these?6037 Answer. If confirmed, I commit to looking into the legal issues6038associated with the Digital Equity Grants and I will advise my6039colleagues in the Department to follow the law.60406041 Question 4. If confirmed, will you advise the Secretary that it is6042legal to withhold funds from entities once a grant agreement has been6043signed and the funds are obligated?6044 Answer. If confirmed, I will advise colleagues in the Department of6045Commerce to uphold the U.S. Constitution.6046 ______60476048 Response to Written Questions Submitted by Hon. Tammy Duckworth to6049 Pierre Gentin6050 Question Topic: Refired Probationary Employees6051 Question 1. In March, the Department of Commerce reinstated a6052number of probationary employees after a temporary restraining order6053issued by the U.S. District Court of Maryland. However, after the6054temporary restraining order was lifted in April, the Department of6055Commerce refired many probationary employees.60566057 A. Last month, when the Department of Commerce refired probationary6058employees, did the Department of Commerce follow all applicable6059statutes and laws?6060 Answer. I have had no role in advising on or implementing6061Department actions regarding probationary employees.60626063 B. Last month, when the Department of Commerce refired probationary6064employees, did the Department of Commerce conduct any review of prior6065performance to determine whether employees should be refired?6066 Answer. I have had no role in advising on or implementing6067Department actions regarding probationary employees.60686069 C. Last month, when the Department of Commerce refired probationary6070employees, did the Department of Commerce review whether the firings6071would be detrimental to any essential functions of the department?6072 Answer. I have had no role in advising on or implementing6073Department actions regarding probationary employees.60746075 D. Last month, when the Department of Commerce refired probationary6076employees, were any supervisory employees consulted on whether to fire6077each probationary employee?6078 Answer. I have had no role in advising on or implementing6079Department actions regarding probationary employees.6080 ______60816082 Response to Written Questions Submitted by Hon. Ben Ray Lujan to6083 Pierre Gentin6084 Question 1. The Bipartisan Infrastructure Law (BIL), also known as6085the Investment Infrastructure and Jobs Act (IIJA), or Public Law 117--608658 was passed in 2021 on a bipartisan basis.60876088 a. Will you commit to implementing this law as written?6089 Answer. If confirmed, I will advise colleagues in the Department to6090follow the law.60916092 Question 2. Yes, or no, does Article III of the Constitution say,6093``[t]he judicial Power of the United States, shall be vested in one6094supreme Court, and in such inferior Courts as the Congress may from6095time to time ordain and establish''?6096 Answer. Yes.60976098 Question 3. Did Marbury v. Madison, a Supreme Court Case from 18036099establish the principle of judicial review? Explain the principle of6100judicial review.6101 Answer. Yes. Judicial review permits courts to review the6102lawfulness of actions of the legislative and executive branches of6103government.61046105 Question 4. Yes or no, does the judicial branch have the sole power6106to declare a law unconstitutional?6107 Answer. Judicial review permits courts to review the lawfulness of6108actions of the legislative and executive branches of government.61096110 Question 5. The Digital Equity Act provides $2.75 billion to6111establish three grant programs that promote activities consistent with6112the Act. They aim to ensure that all people and communities have the6113skills, technology, and capacity needed to reap the full benefits of6114our digital economy. President Trump declared these funds6115unconstitutional on Truth Social on Thursday May 8, 2025. The next day,6116on May 9, 2025, the states received notices that the Digital Equity Act6117was unconstitutional and their grants were terminated. Yes or no, does6118the President have the power under the United States Constitution to6119nullify entire sections of laws passed by Congress?6120 Answer. I have not been confirmed as the General Counsel for the6121Department, and I have not conducted a legal review of the Digital6122Equity Act. If confirmed, I will advise colleagues in the Department to6123follow the law.61246125 a. Yes or no, if confirmed, will you commit to reversing this6126unlawful action and release and distribute these funds?6127 Answer. If confirmed, I will advise colleagues in the Department of6128Commerce to follow the law.61296130 Question 6. Sec. Lutnick is calling on states to use the lowest6131cost option when building out broadband under the BEAD Program.6132Although satellite is cheaper and quicker to deploy in the short-term,6133it will be more expensive in the long-term. Fiber is considered the6134gold standard in internet connection. Yes or no, do you support6135deprioritizing fiber in favor of fixed wireless or LEO satellites?6136 Answer. If confirmed, I look forward to working with the Secretary,6137the leadership of NTIA, and counsel at the Department, to effectively6138implement the BEAD Program in an efficient and effective manner61396140 a. Are you aware of any small LEO operators that satisfy IIJA's6141100/20 mbps speeds and low latency conditions?6142 Answer. I am not familiar with the specific capabilities of small6143LEO operators.61446145 Question 7. Earlier this month, Secretary Lutnick put out a6146statement saying that the Commerce Department is ``revamping the BEAD6147program to take a tech-neutral approach that is rigorously driven by6148outcomes, so states can provide Internet access for the lowest cost.''6149Yes or no, do you support requiring states to overhaul and resubmit6150their BEAD plans?6151 Answer. I have not been involved in discussions or decisions6152related to revamping the BEAD program.61536154 Question 8. Did Joe Biden lawfully win the 2020 presidential6155election?6156 Answer. President Biden was sworn in as President on January 20,61572021.61586159 Question 9. Did Donald Trump lawfully win the 2024 presidential6160election?6161 Answer. President Trump was sworn in as President on January 20,61622025.6163 ______61646165 Response to Written Questions Submitted by Maria Cantwell to6166 Robert Gleason6167 Elon Musk on Privatizing Amtrak. In March 2025, Elon Musk publicly6168called Amtrak a ``sad situation.'' He went on to suggest that Amtrak6169must be privatized in order to be saved.6170 This misguided proposal would fundamentally undermine Amtrak's6171dedication to nationwide service and America's future in high-speed6172rail.61736174 Question 1. Yes or no: Do you agree with Elon Musk that Amtrak6175should be privatized?6176 Answer. If confirmed, my top priority will be to see Amtrak6177succeed.61786179 Question 2. Yes or no: If confirmed, will you vocally oppose any6180efforts by Elon Musk or others in this Administration to privatize6181Amtrak?6182 Answer. If confirmed, my top priority will be to see Amtrak6183succeed. That includes exploring the possibility of public-private6184partnerships and expanded state partnerships.61856186 Amtrak CEO Pushed Out. Amtrak's former CEO, Stephen Gardner,6187abruptly resigned in March 2025. He was reportedly pushed out as6188someone deemed not sufficiently loyal to the White House, five days6189after he issued a statement supporting the FY 2025 $2.42 billion6190appropriated to Amtrak. Mr. Gardner's resignation also happened two6191weeks after Elon Musk publicly called for Amtrak to be privatized.61926193 Question 1. If confirmed, will you be an independent voice for6194Amtrak and not simply defer to the White House?6195 Answer. If confirmed, I will be an independent voice for Amtrak.61966197 Question 2. Yes or no: If confirmed, and the White House directed6198you to take action that would undermine Amtrak's success, would you6199refuse?6200 Answer. It will be my top priority to see that Amtrak succeeds.62016202 Role in 2020 Presidential Election. Mr. Gleason, in some press6203reports, you are listed as a false elector for the Trump campaign in6204Pennsylvania in connection with the 2020 presidential election. I6205understand you told Committee staff you did not sign a false election6206certificate.62076208 Question 1. Did you attend any meetings of the Pennsylvania false6209electors after the 2020 presidential election? If so, please describe6210the meetings.6211 Answer. I did not attend any meetings in question.62126213 Question 2. Did you in any way support or participate in the effort6214to submit false election certificates after the 2020 presidential6215election?6216 Answer. No.62176218 Question 3. In a December 2024 interview with ABC27 News commenting6219on the last two presidential elections, you stated: ``We lost last6220time, we won this time, and here we are.'' To confirm: Do you believe6221Joe Biden was lawfully elected President of the United States in 2020?6222 Answer. President Biden was sworn in as President on January 20,62232021.6224 ______62256226 Response to Written Questions Submitted by Hon. Gary Peters to6227 Robert Gleason6228 Question 1. I mentioned in my opening remarks Michigan Central6229Station and efforts to expand and improve passenger rail service across6230Michigan's three passenger lines. The Bipartisan Infrastructure Law's6231Corridor ID Program has been integral to our state doing the ridership6232analysis they need to support future expansion. But Corridor ID grants6233don't mean much if we don't follow them up with investment.62346235 a. If confirmed, do you commit to ensuring that Amtrak sees the6236additional funding and support it needs to follow up on Corridor ID6237work to expand passenger rail where appropriate--including in Michigan?6238 Answer. If confirmed, I commit to supporting the Corridor ID6239program and investments to expand passenger rail where appropriate,6240including in Michigan.62416242 b. Do you think cuts and additional barriers to Amtrak's expansion6243will harm the ability to serve more folks in the Midwest?6244 Answer. My top priority, if confirmed, is to see Amtrak succeed.6245 ______62466247 Response to Written Questions Submitted by Hon. Ben Ray Lujan to6248 Robert Gleason6249 Question 1. In 2023, the Southwest Chief had the second lowest on-6250time performance rate of all long-distance routes, getting customers to6251their destinations only 34 percent of the time. In 2024, there was a6252modest improvement to on-time performance of 45 percent. Yes or no, are6253you committed to advocating for increased funding for the long-distance6254rail network to address outdated equipment and maintenance issues?6255 Answer. Yes.62566257 Question 2. Did Joe Biden lawfully win the 2020 presidential6258election?6259 Answer. President Biden was sworn in as President on January 20,62602021.62616262 Question 3. Did Donald Trump lawfully win the 2024 presidential6263election?6264 Answer. President Trump was sworn in as President on January 20,62652025.6266 ______62676268Response to Written Question Submitted by Hon. Lisa Blunt Rochester to6269 Robert Gleason6270 Question. While Amtrak ridership numbers have rebounded on the6271Northeast Corridor, I am deeply concerned about potential cuts to6272commuter rail service that depends on access to Amtrak-owned6273infrastructure, especially SEPTA.6274 If confirmed, how will you work with commuter rail tenants on the6275Northeast Corridor to ensure regional rail stability?6276 Answer. If confirmed, I look forward to learning more about this6277issue. I believe it's important that we have safe and reliable6278passenger service throughout the country, including in and around6279Delaware.62806281 [all]