[Senate Hearing 115-739]
[From the U.S. Government Publishing Office]



                                                       S. Hrg. 115-739

                    NOMINATION TO THE UNITED STATES
                 DEPARTMENT OF TRANSPORTATION AND THE
                 UNITED STATES DEPARTMENT OF COMMERCE

=======================================================================

                                HEARING

                               before the

                         COMMITTEE ON COMMERCE,
                      SCIENCE, AND TRANSPORTATION
                          UNITED STATES SENATE

                     ONE HUNDRED FIFTEENTH CONGRESS

                             FIRST SESSION

                               __________


                             JULY 26, 2017

                               __________

    Printed for the use of the Committee on Commerce, Science, and 
                             Transportation





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                Available online: http://www.govinfo.gov


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                 U.S. GOVERNMENT PUBLISHING OFFICE

55-169 PDF                WASHINGTON : 2024













       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                     ONE HUNDRED FIFTEENTH CONGRESS

                             FIRST SESSION

                   JOHN THUNE, South Dakota, Chairman

ROGER F. WICKER, Mississippi         BILL NELSON, Florida, Ranking
ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
TED CRUZ, Texas                      AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska                RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas                  BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska                 EDWARD MARKEY, Massachusetts
DEAN HELLER, Nevada                  CORY BOOKER, New Jersey
JAMES INHOFE, Oklahoma               TOM UDALL, New Mexico
MIKE LEE, Utah                       GARY PETERS, Michigan
RON JOHNSON, Wisconsin               TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia  TAMMY DUCKWORTH, Illinois
CORY GARDNER, Colorado               MAGGIE HASSAN, New Hampshire
TODD YOUNG, Indiana                  CATHERINE CORTEZ MASTO, Nevada

                       Nick Rossi, Staff Director
                 Adrian Arnakis, Deputy Staff Director
                    Jason Van Beek, General Counsel
                 Kim Lipsky, Democratic Staff Director
              Chris Day, Democratic Deputy Staff Director
                      Renae Black, Senior Counsel









                            C O N T E N T S

                              ----------                              
                                                                   Page
Hearing held on July 26, 2017....................................     1
Statement of Senator Thune.......................................     1
Statement of Senator Nelson......................................     3
    Prepared statement...........................................     4
Statement of Senator Peters......................................    51
    Letter dated July 18, 2017 to Hon. Wilbur Ross, Secretary, 
      U.S. Department of Commerce from the following Senators: 
      Gary C. Peters, Elizabeth Warren, Kamala D. Harris, Cory A. 
      Booker, Christopher S. Murphy, Dianne Feinstein, Richard 
      Blumenthal, Debbie Stabenow; and the following Members of 
      Congress: Salud Carbajal, Jared Huffman, Nydia M. 
      Velazquez, Jackie Speier, Raul Grijalva, Jimmy Panetta, 
      Alan Lowenthal, Daniel T. Kildee, Madeleine Z. Bordallo, 
      Jose E. Serrano, Thomas Suozzi, Tulsi Gabbard and Grace 
      Meng.......................................................    52
    Letter dated July 21, 2017 to Yule Kim, Center for American 
      Progress from Clarice Julka, Office of the Secretary, FOIA 
      Officer, United States Department of the Interior..........    55
Statement of Senator Blunt.......................................    59
Statement of Senator Gardner.....................................    60
Statement of Senator Schatz......................................    62
Statement of Senator Cantwell....................................    64
Statement of Senator Hassan......................................    65
Statement of Senator Inhofe......................................    67
Statement of Senator Cortez Masto................................    68
    Report dated May 2017 entitled, ``Congressional Districts 
      Potentially Affected by Shipments to Yucca Mountain, 
      Nevada''...................................................    70
Statement of Senator Klobuchar...................................    84
Statement of Senator Blumenthal..................................    84

                               Witnesses

Ronald L. Batory, Nominee to be Administrator, Federal Railroad 
  Administration, U.S. Department of Transportation..............     5
    Prepared statement...........................................     6
    Biographical information.....................................     6
RADM Mark H. Buzby, Nominee to be Administrator, Maritime 
  Administration, U.S. Department of Transportation..............    15
    Prepared statement...........................................    17
    Biographical information.....................................    18
Peter B. Davidson, Nominee to be General Counsel, U.S. Department 
  of Commerce....................................................    25
    Prepared statement...........................................    27
    Biographical information.....................................    28
Karen Dunn Kelley, Nominee to be Under Secretary of Commerce for 
  Economic Affairs, U.S. Department of Commerce..................    33
    Prepared statement...........................................    35
    Biographical information.....................................    36

                                Appendix

Response to written questions submitted to Ronald L. Batory by:
    Hon. Dean Heller.............................................    85
    Hon. Bill Nelson.............................................    85
    Hon. Amy Klobuchar...........................................    86
    Hon. Richard Blumenthal......................................    86
    Hon. Tammy Duckworth.........................................    90
    Hon. Catherine Cortez Masto..................................    90
Response to written questions submitted to RADM Mark H. Buzby by:
    Hon. Bill Nelson.............................................    91
    Hon. Richard Blumenthal......................................    92
    Hon. Brian Schatz............................................    93
    Hon. Tammy Duckworth.........................................    93
    Hon. Catherine Cortez Masto..................................    94
Response to written questions submitted to Peter B. Davidson by:
    Hon. Ted Cruz................................................    95
    Hon. Bill Nelson.............................................    96
    Hon. Amy Klobuchar...........................................    97
    Hon. Richard Blumenthal......................................    98
    Hon. Cory Booker.............................................    99
    Hon. Catherine Cortez Masto..................................    99
Response to written questions submitted to Karen Dunn Kelley by:
    Hon. Bill Nelson.............................................   100
    Hon. Amy Klobuchar...........................................   104
    Hon. Richard Blumenthal......................................   104
    Hon. Cory Booker.............................................   105
    Hon. Catherine Cortez Masto..................................   105









 
                    NOMINATION TO THE UNITED STATES
                 DEPARTMENT OF TRANSPORTATION AND THE
                 UNITED STATES DEPARTMENT OF COMMERCE

                              ----------                              


                        WEDNESDAY, JULY 26, 2017

                                       U.S. Senate,
        Committee on Commerce, Science, and Transportation,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:07 a.m. in 
room SR-253, Russell Senate Office Building, Hon. John Thune, 
Chairman of the Committee, presiding.
    Present: Senators Thune [presiding], Wicker, Blunt, 
Fischer, Heller, Inhofe, Gardner, Young, Nelson, Cantwell, 
Klobuchar, Blumenthal, Schatz, Peters, Baldwin, Hassan, and 
Cortez Masto.

             OPENING STATEMENT OF HON. JOHN THUNE, 
                 U.S. SENATOR FROM SOUTH DAKOTA

    The Chairman. Well, good morning. We have four well-
qualified nominees before our Committee today. Thank you, Mr. 
Batory, Admiral Buzby, Ms. Kelley, and Mr. Davidson, as well as 
your families, for being here and for your willingness to 
serve.
    Ronald Batory has been nominated to serve as the 
Administrator of the Federal Railroad Administration at the 
Department of Transportation. Mr. Batory has more than 45 years 
of experience in the railroad industry. Most recently, he 
served as President and COO of Consolidated Rail Corporation, 
better known as Conrail. Prior to that, he was President of the 
Belt Railway Company of Chicago.
    If confirmed, Mr. Batory will serve as the principal 
advisor to Secretary Chao on railroad issues, and he will be 
responsible for developing freight and passenger rail policies, 
safety regulations and initiatives, and research and 
development activities.
    In recent years, this Committee and independent reports 
have found significant regulatory problems at the FRA, 
including inadequate analysis, overly prescriptive regulations, 
and unnecessary paperwork burdens. The next FRA Administrator 
must correct these deficiencies to facilitate private sector 
innovation and improve safety.
    I also expect the next Administrator to sharpen the 
agency's focus and improve interagency coordination on grade 
crossing collisions and trespasser incidents, which together 
account for over 95 percent of rail-related fatalities.
    Admiral Mark Buzby has been nominated to serve as 
Administrator of the Maritime Administration, otherwise known 
as MARAD, at the DOT. A retired Navy Admiral whose career 
spanned 34 years, Admiral Buzby has served in a variety of 
important leadership roles both afloat and ashore. He also held 
key positions on the Navy Staff, the Joint Staff, and several 
fleet staffs. He is a recipient of the Navy Distinguished 
Service Medal, the Bronze Star, and numerous other personal and 
unit awards.
    If confirmed, Admiral Buzby will advise and assist the 
Secretary of Transportation on commercial maritime matters, the 
U.S. maritime industry, and strategic sealift.
    The Administrator develops broad MARAD policies and manages 
the agency's activities, particularly to ensure its compliance 
with the statutory obligations and requirements. These 
responsibilities include oversight of the U.S. Merchant Marine 
Academy, which must continue to improve its accreditation 
status, repair external relationships, and ensure a safe and 
enriching environment for all cadets.
    Karen Dunn Kelley has been nominated to serve as the Under 
Secretary of Commerce for Economic Affairs at the Department of 
Commerce. Ms. Kelley has more than thirty years of experience 
in the financial investment sector. The majority of her career 
has been with Invesco, a U.S.-based investment firm that 
manages more than $800 billion in assets worldwide, where Ms. 
Kelley currently serves as Senior Managing Director for 
Investments.
    If confirmed, Ms. Kelley will lead the Economics and 
Statistics Administration, or ESA, which provides timely 
economic analysis, disseminates national economic indicators, 
and serves as the administrator of the Department's statistical 
programs through the Bureau of Economic Analysis.
    ESA's expert economists and analysts produce in-depth 
reports, fact sheets, and briefings on economic policy issues 
and current economic events.
    The Department of Commerce and the White House 
policymakers, as well as Congress, rely on these tools to 
inform economic policy decisions, as do American businesses and 
state and local governments.
    And last, but not least, Peter Davidson has been nominated 
to serve as the General Counsel of the Department of Commerce. 
Mr. Davidson is well-known to this Committee, having served as 
Senior Vice President for Congressional Relations at Verizon 
Communications for more than a decade.
    Prior to that, Mr. Davidson served as General Counsel to 
the U.S. Trade Representative. He has also served in a number 
of other important roles in government and the private sector, 
including General Counsel and Policy Director to the Majority 
Leader of the House of Representatives, and Attorney-Advisor in 
the Justice Department's Office of Legal Counsel, to name a 
few.
    If confirmed, Mr. Davidson will serve as the Chief Legal 
Officer of the Department of Commerce, and Legal Advisor to 
Secretary Ross. The General Counsel directs the operation of 
ten offices that report directly to him and also provides legal 
and policy direction to four additional legal offices that 
receive their funding and personnel allocations from their 
bureaus: the Patent and Trademark Office, the Economic 
Development Administration, the National Oceanic and 
Atmospheric Administration, and the National Telecommunications 
and Information Administration.
    As I've noted, all four of these nominees are well-
qualified for the positions to which they have been nominated, 
and I know that Secretaries Chao and Ross are especially happy 
about your nominations and eager to see you confirmed quickly. 
The Committee is doing its part to make that happen.
    And once again, I want to thank you all for testifying 
today and for your willingness to serve our Nation.
    I'm going to turn now to our Ranking Member, Senator 
Nelson, for an opening statement.
    Senator Nelson.

                STATEMENT OF HON. BILL NELSON, 
                   U.S. SENATOR FROM FLORIDA

    Senator Nelson. Thank you, Mr. Chairman.
    It's a critical time in our Nation's infrastructure. We've 
been talking about this issue ad infinitum now for several 
years, yet our roads, rails, ports, our runways, our taxiways, 
our broadband, continue to languish without much needed 
investments. It not only jeopardizes safety, but also the 
competitiveness of our economy as well. We must do more to help 
the critical infrastructure projects.
    We have a good many programs on the books. We have to fund 
them. For example, TIGER grants help our committees and our 
communities to make much needed improvements in rail, port, and 
local infrastructure projects. Amtrak provides a vital long 
distance service throughout the entire country. Amtrak funding 
can also help support the significant work that is trying to 
restore rail service, for example, after Hurricane Katrina, 
from New Orleans to the East Coast and Jacksonville.
    Just two years ago, we passed the FAST Act, which 
reaffirmed Amtrak's status as a critical piece of our nation's 
transportation network. At a time when ridership is increasing 
and safety needs are high, we should be making the investments 
in this important service.
    Just, by the way, ride the fastest passenger train we have, 
Acela, between New York and Washington, and there are two parts 
of the track when the train is accelerating that you think that 
you are going off the rails because of the swaying back and 
forth, just like that.
    The FAST Act also included funding to help improve the 
safety of the rail system, including the implementation of 
positive train control. We need real investment in our 
infrastructure to support these important programs.
    Admiral Buzby and Mr. Batory, I look forward to hearing 
your testimony on how we can move forward on this 
infrastructure.
    Ms. Kelley and Mr. Davidson, let me extend my 
congratulations to you on your nominations to be Under 
Secretary and General Counsel in the Department of Commerce. 
You have a real gentleman who is the head of the Department of 
Commerce. I have known Wilbur Ross for years, and he is a true 
gentleman, and I think that will be an enjoyable experience for 
you all to deal with him.
    Commerce oversees an expansive portfolio of 12 bureaus, a 
lot of which were mentioned by the Chairman, but I would just 
point out that it goes from everything from NOAA all the way to 
NIST, both of which have critical infrastructure for our 
national security, and people often overlook that.
    And then, oh, boy, we better get ready, we've got a census 
coming up, and that's in the Department of Commerce as well.
    All of these contribute to a wide variety of sectors: 
science, weather, telecommunications, financial, trade. So we 
really need the leadership at the Department that is data-
driven, not politics-driven, and I would say especially not 
partisan-driven, that is data-driven on delivering for the 
American people.
    You see what you've got ahead of you. Ensuring that all the 
agencies, for example, NOAA, can focus on science, and 
providing accurate, actionable information.
    Have I heard comments about not honoring science on such 
things as sea level rise, that happens to be affecting my state 
as we speak?
    I look forward to hearing from you all in this hearing.
    Thank you, Mr. Chairman.
    [The prepared statement of Senator Nelson follows:]

   Prepared Statement of Hon. Bill Nelson, U.S. Senator from Florida
    This is a critical time for our Nation's infrastructure, which is 
in desperate need of upgrades and repairs.
    We have been talking about this issue for several years now.
    Yet our roads, rails, ports and runways continue to languish 
without much-needed investments.
    This not only jeopardizes the safety of our citizens, but the 
competitiveness of our economy as well.
    We must do more to help our critical infrastructure projects.
    And we have many good programs on the books--we simply have to fund 
them.
    For example, TIGER grants help our communities to make much needed 
improvements in rail, port and local infrastructure projects in Florida 
and across the country.
    Amtrak service provides vital long-distance service throughout 
Florida and around the country.
    Amtrak funding can also help support the significant work that the 
panhandle of Florida has done to restore rail service on the Gulf 
Coast.
    Just two years ago, we passed the FAST Act, which reaffirmed 
Amtrak's status as a critical piece of our Nation's transportation 
network.
    At a time when ridership is increasing and safety needs are high, 
we should be making investments in this important service.
    The FAST Act also included funding to help improve the safety of 
our rail system, including funding to help support the implementation 
of positive train control. We need real investment in our 
infrastructure to support these important programs and address critical 
safety concerns.
    Admiral Buzby and Mr. Batory, I look forward to hearing your 
testimony on how we can move America's infrastructure forward.
    And Ms. Dunn Kelley and Mr. Davidson, let me extend my 
congratulations on your nominations to be the Under Secretary Economic 
Affairs and General Counsel at the U.S. Department of Commerce.
    As you know, the Department of Commerce oversees an expansive 
portfolio of 12 bureaus, including the National Oceanic and Atmospheric 
Administration (NOAA), the National Institute of Standards and 
Technology (NIST), the National Telecommunications and Information 
Administration, (NTIA) and the Census Bureau. These bureaus and others 
contribute to a wide variety of sectors--science, weather, 
telecommunications, financial and trade.
    We need leadership at the department that is data-driven and 
focused on delivering for the American people--not politics.
    This means getting our hands around the current problems with the 
2020 Census.
    And ensuring that at agencies like NOAA, employees can stay focused 
on science and providing accurate, actionable information.
    I look forward to hearing about both of your plans to contribute to 
stable leadership at the Department of Commerce.

    The Chairman. Thank you, Senator Nelson.
    And now we'll get a chance to hear from our nominees. And 
we will start on my left, and your right, with, as I said, Mr. 
Ronald L. Batory, of New Jersey, to be Administrator of the 
Federal Railroad Administration; followed by Mark Buzby, of 
Virginia, to be Administrator of the Maritime Administration; 
and then we have Peter Davidson, of Virginia, although I think 
they still claim him in Minnesota as well, to be General 
Counsel at the Department of Commerce; and then Karen Dunn 
Kelley, of Pennsylvania, to be Under Secretary of Commerce for 
Economic Affairs.
    So, Mr. Batory, please proceed. And if you can confine your 
oral remarks as close to 5 minutes as possible, we'll make sure 
that any written additions get included in the record, and it 
will give us an opportunity to ask some questions.
    Mr. Batory.

          STATEMENT OF RONALD L. BATORY, NOMINEE TO BE

        ADMINISTRATOR, FEDERAL RAILROAD ADMINISTRATION,

               U.S. DEPARTMENT OF TRANSPORTATION

    Mr. Batory. Chairman Thune, Ranking Member Nelson, and 
distinguished members of the Committee, thank you for the 
opportunity to appear before you this morning. I would also 
like to thank both President Trump for nominating me and 
Secretary Chao for her support.
    I am a second generation railroader. My late father was 
dedicated to this industry, as not only a railroad employee, 
but later a full-time career representative of organized rail 
labor.
    It became a dream of mine to work in railroads, so after 
graduation from college in 1971, my first job was as a 
traveling auditor in freight car counting for the Detroit, 
Toledo, and Ironton Railroad Company.
    I have learned much from many people during my 45 years in 
the industry. I would like to bring that experience to the 
Federal Railroad Administration. I have learned, for example, 
that the ``brain drain'' in the Federal sector extends to the 
FRA. We have fewer inspectors with actual railroad industry 
experience. We must ensure that we have an adequate and 
qualified pool of applicants for the critical job of railroad 
inspector.
    If confirmed, I would look at ways in which the FRA could 
partner with the railroad industry to enhance training 
opportunities. I would also look into ways we can improve 
communications both within the FRA and between the FRA and the 
industry, should I be confirmed.
    I recognize the Federal Railroad Administration has a 
multitude of responsibilities, but safety will be the priority, 
just as it has been throughout my career. Moving to 
performance-based rulemaking will focus FRA's efforts on 
getting the desired outcomes and safety improvements, not just 
on enforcement of rules and processes.
    I also believe it will breed innovative thinking to achieve 
goals and will facilitate the use of new technology.
    If confirmed, I will dedicate myself to fulfilling the 
duties of the Administrator, and will look forward to working 
with the men and women who are part of this organization.
    I also believe working with Secretary Chao and this 
Committee, we can foster both safety and efficiency in American 
railroads, making them the best in the world.
    Thank you, Mr. Chairman. I now look forward to your 
questions.
    [The prepared statement and biographical information of Mr. 
Batory follow:]

  Prepared Statement of Ronald L. Batory, Nominee for Administrator, 
   Federal Railroad Administration, U.S. Department of Transportation
    Chairman Thune, Ranking Member Nelson and distinguished members of 
the Committee:

    Thank you for the opportunity to appear before you this morning. I 
would also like to thank both President Trump for nominating me and 
Secretary Chao for her support.
    I am a second generation railroader. My late father was dedicated 
to the industry, as not only a railroad employee but later a full-time 
career representative of organized rail labor. It became a dream of 
mine to work in railroads, so after I graduated from college in 1971, 
my first job was as a traveling auditor in freight car accounting for 
the Detroit, Toledo and Ironton Railroad Company. I have learned much 
from many people during my 45 years in the industry, and I would like 
to bring that experience to the Federal Railroad Administration.
    I have learned, for example, that the ``brain drain'' in the 
Federal sector extends to the FRA. We have fewer inspectors with actual 
railroad industry experience. We must ensure that we have an adequate 
and qualified pool of applicants for the critical job of railroad 
inspector. If confirmed, I would look for ways in which the FRA could 
partner with the railroad industry to enhance training opportunities. I 
would also look into ways we could improve communications, both within 
the FRA and between the FRA and the industry should I be confirmed.
    I recognize the Federal Railroad Administration has a multitude of 
responsibilities, but safety will always be the priority just as it has 
been throughout my career. Moving to performance-based rulemaking will 
focus FRA's efforts on getting the desired outcomes and safety 
improvements, not just on enforcement of rules and processes. I also 
believe it will breed innovative thinking to achieve goals and will 
facilitate the use of new technology.
    If confirmed, I will dedicate myself to fulfilling the duties of 
Administrator, and will look forward to working with the men and women 
who are part of this organization. I also believe working with 
Secretary Chao and this committee we can foster both safety and 
efficiency in American railroads, making them the best in the world.
    Thank you, Mr. Chairman, I now look forward to your questions.
                                 ______
                                 
                      a. biographical information
    1 . Name (Include any former names or nicknames used): Ronald L. 
Batory.
    2. Position to which nominated: Administrator, Federal Railroad 
Administration, U.S. Department of Transportation.
    3. Date of Nomination: July 11, 2017.
    4. Address (List current place of residence and office addresses)
        Residence: Information not released to the public.
    5. Date and Place of Birth: 01/25/1950; Detroit, Michigan.
    6. Provide the name, position, and place of employment for your 
spouse (if married) and the names and ages of your children (including 
stepchildren and children by a previous marriage).
    Barbara E. Batory, wife, retired; Erin Faye Budisak, daughter, 37.
    7. List all college and graduate degrees, Provide year and school 
attended.

        Adrian College, Bachelor of Arts, 1971.
        Eastern Michigan University, Master of Arts, 1975.

    8. List all post-undergraduate employment, and highlight all 
management-level jobs held and any non-managerial jobs that relate to 
the position for which you are nominated.
    See Attachment 1.
    9. Attach a copy of your resume.
    See Attachment 2.
    10. List any advisory, consultative, honorary, or other part-time 
service or positions with Federal, State, or local governments, other 
than those listed above, within the last ten years. None.
    11. List all positions held as an officer, director, trustee, 
partner, proprietor, agent, representative, or consultant of any 
corporation, company, firm, partnership, or other business, enterprise, 
educational, or other institution within the last ten years.
    See Attachment 3.
    12. Please list each membership you have had during the past ten 
years or currently hold with any civic, social, charitable, 
educational, political, professional, fraternal, benevolent or 
religious organization, private club, or other membership organization. 
Include dates of membership and any positions you have held with any 
organization. Please note whether any such club or organization 
restricts membership on the basis of sex, race, color, religion, 
national origin, age, or handicap.
    See Attachment 4.
    13. Have you ever been a candidate for and/or held a public office 
(elected, non-elected, or appointed)? If so, indicate whether any 
campaign has any outstanding debt, the amount and whether you are 
personally liable for that debt. No.
    14. Itemize all political contributions to any individual, campaign 
organization, political party, political action committee, or similar 
entity of $500 or more for the past ten years. Also list all offices 
you have held with, and services rendered to a state or national 
political party or election committee during the same period.
    Jun Choi, New Jersey 7th Congressional District, 2011, $1,000
    15. List all scholarships, fellowships, honorary degrees: honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements. None.
    16. Please list each book, article, column, or publication you have 
authored, individually or with others. Also list any speeches that you 
have given on topics relevant to the position for which you have been 
nominated. Do not attach copies of these publications unless otherwise 
instructed. None.
    17. Please identify each instance in which you have testified 
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each 
testimony. None.
    18. Given the current mission, major programs, and major 
operational objectives of the department/agency to which you have been 
nominated, what in your background or employment experience do you 
believe affirmatively qualifies you for appointment to the position for 
which you have been nominated, and why do you wish to serve in that 
position?
    See Attachment 5.
    19. What do you believe are your responsibilities, if confirmed, to 
ensure that the department/agency has proper management and accounting 
controls, and what experience do you have in managing a large 
organization?
    See Attachment 5.
    20. What do you believe to be the top three challenges facing the 
department/agency, and why?
    See Attachment 5.
                   b. potential conflicts of interest
    1. Describe all financial arrangements, deferred compensation 
agreements, and other continuing dealings with business associates, 
clients, or customers. Please include information related to retirement 
accounts.
    My arrangements are fully described in Part 3 of my Public 
Financial Disclosure report.
    2. Do you have any commitments or agreements, formal or informal, 
to maintain employment, affiliation, or practice with any business, 
association or other organization during your appointment? If so, 
please explain. No.
    3. Indicate any investments, obligations, liabilities, or other 
relationships which could involve potential conflicts of interest in 
the position to which you have been nominated.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the Department of Transportation's 
Designated Agency Ethics Official to identify potential conflicts of 
interest. Any potential conflicts of interest will be resolved in 
accordance with the terms of an ethics agreement that I have entered 
into with DOT's Designated Agency Ethics Official and that has been 
provided to this Committee. I am not aware of any other potential 
conflicts of interest.
    4. Describe any business relationship, dealing, or financial 
transaction which you have had during the last ten years, whether for 
yourself, or on behalf of a client or acting as an agent, that could in 
any way constitute or result in a possible conflict of interest in the 
position to which you have been nominated.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the Department of Transportation's 
Designated Agency Ethics Official to identify potential conflicts of 
interest. Any potential conflicts of interest will be reso1ved in 
accordance with the terms of an ethics agreement that I have entered 
into with DOT's Designated Agency Ethics Official and that has been 
provided to this Committee. I am not aware of any other potential 
conflicts of interest.
    5. Describe any activity during the past ten years in which you 
have been engaged for the purpose of directly or indirectly influencing 
the passage, defeat, or modification of any legislation or affecting 
the administration and execution of law or public policy. None.
    6. Explain how you will resolve any potential conflict of interest, 
including any that may be disclosed by your responses to the above 
items.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the Department of Transportation's 
Designated Agency Ethics Official to identify potential conflicts of 
interest. Any potential conflicts of interest will be resolved in 
accordance with the terms of an ethics agreement that I have entered 
into with DOT's Designated Agency Ethics Official and that has been 
provided to this Committee. I am not aware of any other potential 
conflicts of interest.
                            c. legal matters
    1. Have you ever been disciplined or cited for a breach of ethics, 
professional misconduct, or retaliation by, or been the subject of a 
complaint to, any court, administrative agency, the Office of Special 
Counsel, professional association, disciplinary committee, or other 
professional group? If yes:

  a.  Provide the name of agency, association, committee, or group;

  b.  Provide the date the citation, disciplinary action, complaint, or 
        personnel action was issued or initiated:

  c.  Describe the citation, disciplinary action, complaint, or 
        personnel action;

  d.  Provide the results of the citation, disciplinary action, 
        complaint, or personnel action.

    No.
    2. Have you ever been investigated, arrested, charged, or held by 
any Federal, State, or other law enforcement authority of any Federal, 
State, county, or municipal entity, other than for a minor traffic 
offense? If so please explain. No.
    3. Have you or any business or nonprofit of which you are or were 
an officer ever been involved as a party in an administrative agency 
proceeding, criminal proceeding, or civil litigation? lf so, please 
explain. No.
    4. Have you ever been convicted (including pleas of guilty or nolo 
contendere) of any criminal violation other than a minor traffic 
offense? If so, please explain. No.
    5. Have you ever been accused, formally or informally, of sexual 
harassment or discrimination on the basis of sex, race, religion, or 
any other basis? If so, please explain. No.
    6. Please advise the Committee of any additional information, 
favorable or unfavorable, which you feel should be disclosed in 
connection with your nomination. None.
                     d. relationship with committee
    1. Will you ensure that your department/agency complies with 
deadlines for information set by congressional committees? Yes.
    2. Will you ensure that your department/agency does whatever it can 
to protect congressional witnesses and whistle blowers from reprisal 
for their testimony and disclosures? Yes.
    3. Will you cooperate in providing the Committee with requested 
witnesses, including technical experts and career employees, with 
firsthand knowledge of matters of interest to the Committee? Yes.
    4. Are you willing to appear and testify before any duly 
constituted committee of the Congress on such occasions as you may be 
reasonably requested to do so? Yes.
                                 ______
                                 
                  Attachment 1--Section A, Question 8
                            Ronald L. Batory
                     Relevant Employment Positions
                             First to Last

I. DETROIT, TOLEDO & IRONTON RAILROAD COMPANY

  1.  Traveling Auditor, Car Accounting, 1971-1972

  2.  Administrative Assistant to Vice President of Operations, 1972-
        1975

  3.  Assistant Engineer Track System, 1975-1976

  4.  Manager, Industrial Engineer, 1976-1977

  5.  Director of Material Procurement and Planning, 1977-1981

II. GRAND TRUNK WESTERN RAILROAD COMPANY

  1.  Transportation Supervisor, 1981-1982

  2.  Trainmaster, 1982-1984

  3.  Terminal Manager, 1984-1985

  4.  District Manager Operations, 1985-1987

  5.  Director Transportation Planning, 1987

III. CHICAGO, MISSOURI & WESTERN RAILWAY

  1.  Vice President/General Manager, 1987-1989

IV. SOUTHERN PACIFIC TRANSPORTATION COMPANY

  1.  Assistant General Manager, 1989-1991

  2.  General Manager, 1991-1994

V. THE BELT RAILWAY COMPANY OF CHICAGO

  1.  President, 1994-1998

VI. CONSOLIDATED RAIL CORPORATION

  1.  Senior Vice President--Operations, 1998-2004

  2.  President and Chief Operating Officer, 2004-2017
                                 ______
                                 
                  Attachment 2--Section A, Question 9
SUMMARY OF EXPERIENCE
   Career professional with more than 45 years of both line and 
        staff experience in the railroad industry serving in various 
        administrative and operational leadership positions of 
        considerable responsibility.

   Effective senior-level management abilities in leading 
        change and maximizing use of organizational talent.

   Expertise in planning, analysis and control of costs to 
        enhance contribution of revenue, as well as achieving revenue 
        growth through exploitation of commercial opportunities.

   Additional skills: planning and conducting cost/performance 
        rationalization studies from concept; coordinating the 
        implementation of both operating and maintenance improvement 
        programs.
                                 ______
                                 
                             CAREER JOURNAL

CONSOLIDATED RAIL CORPORATION--1998/2017

President and Chief Operating Officer
Complete leadership responsibility for the eighth (8th) largest freight 
rail carrier in the United States. Ensures fulfillment of a business 
enterprise with a unique corporate structure within the deregulated 
transportation sector.

Senior Vice President--Operations
    Reporting responsibility for the planning, operation and 
maintenance of the Shared Assets Areas in New Jersey, Pennsylvania and 
Michigan. Constitutes the largest terminal switching operation in North 
America evolving from the acquisition and division of Consolidated Rail 
Corporation by CSX Transportation and Norfolk Southern Corporation. 
Guided a post-split operation of continuous improvement wherein safety, 
service and costs indicators are recognized to be historically record 
setting for the associated territories.

THE BELT RAILWAY COMPANY OF CHICAGO--1994/1998

President--Bedford Park, Illinois
Complete leadership responsibility for the largest intermediate 
switching company in the Nation serving a terminal network of seventeen 
(17) rail carders. Instituted policies and practices that lead to an 
array of unprecedented safety and service performance records, while 
simultaneously undertaking a massive infrastructure improvement plan.

SOUTHERN PACIFIC TRANSPORTATION COMPANY--1989/1994

General Manager--Chicago, Illinois
Reporting responsibility for field operations on the Midwest Region 
which spanned a territory from Chicago, Illinois, to Tucumcari, New 
Mexico, on the west to Shreveport, Louisiana, and Texarkana, Texas, on 
the east. Served as General Manager, SPCSL Corp., a wholly owned 
subsidiary of Southern Pacific Transportation Company, Represented St. 
Louis Southwestern Railway as a Board of Director member for the Kansas 
City Terminal Railway Company, Terminal Railroad Association of St. 
Louis, Southern Illinois and Missouri Bridge Company and Arkansas & 
Memphis Railway Bridge and Terminal Company.

Assistant General Manager--Chicago, Illinois
Reporting responsibility to Central Region, which spanned a territory 
between Chicago and East St. Louis, Illinois, on the east to Sparks, 
Nevada and Klamath Falls, Oregon, on the west. Served as primary 
Operating Department planner and directed implementation for Southern 
Pacific's access in Chicago, Illinois, from both East St. Louis, 
Illinois, and Kansas City, Kansas) in 1989 and 1990 respectively.

CHICAGO, MISSOURI & WESTERN RAILWAY--1987/1989

Vice President/General Manager--Springfield, Illinois
Directed system transportation, maintenance, intermodal, purchasing. 
security and corporate relations organizational functions, as related 
to the daily operation of both freight and Amtrak passenger trains 
transversing over 600 route miles.
Included Board of Director responsibility to Kansas City Terminal 
Railway Company. Maintained ongoing communications with appropriate 
lobbying bodies and state/federal regulatory agencies, which favored 
the Trustee's endeavors to successfully obtain nearly $14 million in 
low interest loans and grants. Formulated an asset disposition plan for 
the Trustee, which resulted in all rail lines being conveyed to 
responsible parties, thus avoiding the path of service discontinuances 
and subsequent liquidation.

GRAND TRUNK WESTERN RAILROAD COMPANY--1981/1987 (Various Locations)

Director Transpo11ation Planning--Detroit, Michigan
Directed the manifest freight scheduling and classification 
requirements for all yards and tem1inals. Implemented a terminal 
management information system through use of electronic data 
processing. Developed and coordinated joint operating improvement 
projects with various connecting carriers throughout the four state 
system.

District Manager Operations/Chicago--Chicago, Illinois
Managed major territorial operations of Chicago District. Ensured 
consistent service and cost-effective operations through coordination 
of transportation, intermodal, mechanical, engineering, administrative 
and joint facility functions necessary to meet committed commercial 
specifications.

Terminal Manager, Chicago Terminal District--Chicago, Illinois
Managed the scheduled movement of road trains and yard operations. 
Using a diversity of management skills, ensured cost effective 
productivity levels. Simultaneously rationalized entire terminal 
operations through expanded use of joint facilities, thereby reducing 
fixed costs. Overall reduction and consolidations resulted in a net 
decrease in annual operating costs by $7.5 million along with 
eliminating future capital requirements of considerable sort.

Trainmaster, Shore Line Subdivision--Toledo, Ohio
Management responsibility for daily train, yard and dispatching 
operations of the former Detroit and Toledo Shore Line Railroad 
Company. During tenure, recommended, developed and implemented a highly 
successful operating plan to curtail hump switching, car repair and 
locomotive servicing at Lang Yard, Toledo, Ohio, while consolidating 
the train dispatching office with those in Pontiac, Michigan, which 
created a $4.3 million reduction in operating expenses and minimized 
the overall need for further capital improvement among the affected 
facilities.

Transportation Supervisor, Detroit Division--Pontiac, Michigan
Managed and monitored divisional operations of road trains and SEMTA 
commuter trains ensuring commercial freight standards and public 
transit commitments were met. Coordinated over the road line operations 
in the Detroit Michigan, area for all newly created inter divisional 
trains resulting from the acquisition of Detroit and Toledo Shore Line 
Railroad Company and Detroit, Toledo & Ironton Railroad Company.

DETROIT, TOLEDO & IRONTON RAILROAD COMPANY--1971/1981 (Various 
Locations)

Director of Material Procurement and Planning--Dearborn, Michigan
Administered purchasing, material distribution, industrial engineering 
and capital budget functions consistent with corporate requirements. 
Successfully developed and implemented a totally operable and 
accountable post-merger system for consolidating and standardizing 
materials and supplies once recognized independently by three 
railroads.

Manager, Industrial Engineering--Dearborn, Michigan
Successfully developed standard measurement systems for various 
operating sub-departments. These productivity measurements were later 
used to develop a powerful management tool for both line and staff 
personnel. Designed and monitored the operating plan for accessing 
Cincinnati, Ohio, for interchange with the former Southern Railway 
Company and Louisville and Nashville Railroad Company over trackage 
rights of Consolidated Rail Corporation as set forth by the United 
States Railway Association.

Assistant Engineer Track System--Flat Rock, Michigan
Responsible for the production results of out-of-face maintenance 
programs. Assisted in cost and method planning/analysis of all 
maintenance and capital programs. Designated to conduct Federal 
Railroad Administration inspections to comply with minimum track safety 
standards.

Administrative Assistant to Vice President of Operations--Dearborn, 
Michigan
Responsible for accurate formulation of operating and capital budgets 
as related for the entire Operating Department. Performed numerous 
operational planning studies for management review.

Traveling Auditor, Car Accounting--Dearborn, Michigan
Designed operational audit procedures, which applied to the mileage 
portion of car hire payments reported by foreign line carriers. 
Participated in the development and implementation of an E.D.P. system 
for generating car hire reclaims covering both switching and storage.

EDUCATIONAL BACKGROUND:
Master of Arts Degree:
Graduate, Eastern Michigan University in 1975, Ypsilanti, Michigan

Bachelor of Arts Degree: Business Administration & Economics
Graduate, Adrian College in 1971, Adrian, Michigan

CONTINUING EDUCATION/TRAINING:

Canadian National General Management Program, completed through 
Bishop's University, Lennoxville, Quebec, 1981

IBM Executive Seminar, 1979

Purchasing and Material Management Seminar through General Motors 
Corporation, Electro-Motive Division 1978

Freight Car Air Brakes Seminar through Wabco, Westinghouse Air Brake 
Division, 1975

Transportation Seminar through General Motors Corporation, Electro-
Motive Division, 1974
                                 ______
                                 
              Special Assignments & Industry Affiliations
    Appointed and served on an Operations Development Committee of 
Detroit, Toledo & Ironton Railroad Company. Proposed various physical 
plant changes, which resulted in both track retirement and construction 
projects being undertaken that impacted capital and operating accounts 
favorably while ultimately improving the operations.
    Appointed and served on the Permanent Operating and Accounting 
Committee for the Traffic Executive Association--Eastern Railroads. 
Primary function involved the development and recommendation of 
terminal switching allowance tariff rates.
    Appointed to a Railroad Sub Committee of the Ohio-Kentucky Indiana 
Regional Council Governments on behalf of Detroit, Toledo & Ironton 
Railroad Company. Responsible for rail planning considerations within 
the region, as related to carrier operations.
    Appointed and served on a Task Committee to oversee the development 
of an Information System later known as F.R.I.S. This responsibility 
led to the establishment of both real-time and cardless car movement 
information system for Detroit, Toledo & Ironton Railroad Company.
    Appointed and served on a long range corporate committee program 
called ``Focus.'' Primary function was to investigate and submit action 
plans for savings in utilization of new technology, plant 
rationalization, labor work rule changes, operating efficiencies and 
freight revenue contribution. Program goal was to implement projects 
yielding $5.5 million annual savings in 1987. This goal was 
accomplished and became an integral part of the Grand Trunk Corporation 
five-year plan.
    Appointed by the Governor of Illinois to serve as a member of the 
Illinois Rail Transportation Advisory Task Force. Primary objective was 
to study and assess the rail transportation passenger service in 
Illinois. Such study included, but was not limited to, an assessment of 
demand for services, engineering, operating costs and labor 
implications, which in part led to a low interest loan of $36 million 
for a continuous welded rail program to be implemented on the former 
St. Louis Division of Southern Pacific Transportation Company.
    Appointed to Customer Service Management Committee serving member 
need within the Association of American Railroads to facilitate 
resolution of rail industry issues pertinent to the shipping community 
it serves.
    Appointed to the KPMG Quality Registrar Technical Advisory 
Committee, as related to ISO 9000 and its internationally recognized 
standard of quality for a wide spectrum of manufacturing, service and 
business practices.
    Appointed by the Governor of New Jersey to serve on the Domestic 
Security Preparedness Task Force, Infrastructure Advisory Committee, 
Transportation Subgroup.Serves as a resource with respect to domestic 
preparedness issues facing private industry.
Professional Associations:

The Railway Tie Association

The American Railway Engineering and Maintenance of Way Association

The International Association of Railway Operating Officers, Inc.

American Association of Railroad Superintendents (Former Board of 
Director & President)

The American Short Line and Regional Railroad Association (Former Board 
of Director)

John W. Barriger III National Railroad Library (Former Board of 
Director & Former President)

Railway Study Association

Transportation Research Board
                                 ______
                                 
                            CAREER NARRATIVE
    Ronald L. Batory is a career professional with more than 45 years 
of both field and staff experience in the railroad industry, serving in 
various administrative and operating management positions of 
considerable responsibility.
    He started his railroad career on a full-time basis in 1971 with 
the former Detroit, Toledo & Ironton Railroad Company. During his 
tenure with that company and its successor Grand Trunk Western Railroad 
Company, he progressed a management role serving in various field and 
staff capacities.
    He departed the Grand Trunk Western Railroad Company during 1987 to 
take on the Chapter 11 reorganization of the ill-fated Chicago, 
Missouri & Western Railroad Company. During this assignment as Vice 
President-General Manager. he assisted the court-appointed Trustee in 
establishing various lines of credit and grants with the state of 
Illinois, while simultaneously assisting the Trustee in disposing of 
the Railway's assets into responsible hands, This action subsequently 
evolved into the Southern Pacific Transportation Company acquiring the 
St. Louis/Chicago corridor; along with the creation of a new Class II 
regional carrier know as Gateway Western Railway Company, which brought 
financial confidence through a contractual haulage agreement with the 
Atchison, Topeka & Santa Fe Railway Company between Kansas City, Kansas 
and East St. Louis, Illinois. This parceling of route structures among 
two Class I carriers created access to gateways long sought by each of 
them for well over 100 years.
    Afterwards Ron joined Southern Pacific Transportation Company, 
where he advanced to General Manager-Midwest Region. spanning a 
territory from Chicago, Illinois, to Tucumcari, New Mexico, on the west 
to Shreveport, Louisiana and Texarkana, Texas, on the east. His initial 
two and one half years with the company, as Assistant General Manager, 
he implemented the operating plan for the St. Louis/Chicago corridor 
purchase, as well as being one of the primary planners and lead 
executors in orchestrating Southern Pacific's access to Chicago from 
Kansas City via its trackage rights arrangements with Burlington 
Northern Railroad Company and Norfolk Southern Corporation. During his 
tenure at Southern Pacific Transportation Company, he was known to 
effectively lead joint labor and management involvement towards the key 
focus areas of casualty prevention, service consistency and cost of 
non-conformance resulting in performance measurements of considerable 
improvement. In 1994 he was appointed President for The Belt Railway 
Company of Chicago, which served as the largest intermediate switching 
carrier within our Nation's busiest rail transport gateway, During his 
era of leadership, he instituted policies and practices that earned an 
array of unprecedented safety, service and financial performance 
records, while simultaneously undertaking a massive infrastructure 
improvement plan.
    During early 1998 he joined Consolidated Rail Corporation. He 
served as both Vice President-Operations and Senior Vice President--
Operations for the Shared Assets Areas owned by CSX Transportation and 
Norfolk Southern Corporation evolving from their STB approved 
partitioning of the Class I Eastern Carrier. He was challenged with the 
service-driven need for definitive planning and associated execution of 
cost effective operations and maintenance that would ultimately sustain 
a plane of equality for joint competition in specific areas of New 
Jersey, New York, Pennsylvania and Michigan. This accomplishment 
favored him in being appointed President & Chief Operating Officer in 
2004 for the entire corporate entity.
    Ron is a graduate of Adrian College, Adrian, Michigan, with a BA in 
Business Administration, along with a graduate Masters degree from 
Eastern Michigan University. He has effectively served on the Board of 
Directors of the Kansas City Terminal Railway Company, Southern 
Illinois and Missouri Bridge Company, Arkansas & Memphis Railway Bridge 
and Terminal Company, Terminal Railroad Association of St Louis, along 
with the American Short Line & Regional Railroad Association. 
Affiliations with professional associations are The Railway Tie 
Association; The American Railway Engineering and Maintenance of Way 
Association; The International Association of Railway Operating 
Officers, Inc.; The American Association of Railroad Superintendents, 
of which he is a Board of Director Member and past President; The John 
W. Barriger III National Railroad Library Board of Trustees and past 
President; University of Denver; Transportation Institute Board of 
Director Member and Adrian College Board of Trustees.
    Family residency is in Mount Laurel, New Jersey, with his with, 
Barbara.
                                 ______
                                 
                  Attachment 3--Section A, Question 11
Ronald L. Batory, Officer, Trustee or Director Positions, Enterprise & 
                        Educational Institutions
Consolidated Rail Corporation--Officer & President/Chief Operating 
Officer, 2004-3/2017

Adrian College--Trustee, 2008-2017

University of Denver, Transportation Institute--Board of Directors, 10/
2016 to present

Wisconsin Southern Railroad Company--Advisory Board Member, 1997-2012

The John W. Barriger National Railroad Library--Trustee & Former 
President, 5/2008 to present

On Track North America--Board of Directors, 2/2016-4/2016

American Association of Railroad Superintendents--Board of Director & 
Former President, 1994-2009

Las Vegas Railway Express--Board of Directors, 8/2014-1/2015
                                 ______
                                 
                  Attachment 4--Section A, Question 12
               Ronald L. Batory, Memberships*
---------------------------------------------------------------------------
    \*\ No Restrictions to Membership.

----------------------------------------------------------------------------------------------------------------
                         Organizational Name                                Status            Position Held
----------------------------------------------------------------------------------------------------------------
American Association of Railroad Superintendents                         1978-present           Former Board of
                                                                                                  Directors and
                                                                                           President, currently
                                                                                                    only member
----------------------------------------------------------------------------------------------------------------
American Railway Eng. & Maintenance of Way Assoc. Center for Railroad    2012-present                    Member
 Photography & Art
----------------------------------------------------------------------------------------------------------------
Friends of the Cumbres & Toltec Scenic Railroad                          2015-present                    Member
----------------------------------------------------------------------------------------------------------------
International Assoc. of Railway Operating Officers                       1980-present                    Member
----------------------------------------------------------------------------------------------------------------
Laurel Creek Country Club                                                1998-present                    Member
----------------------------------------------------------------------------------------------------------------
Lexington Group in Transportation History                                1995-present                    Member
----------------------------------------------------------------------------------------------------------------
Lionel Collectors Club of America                                        2004-present                    Member
----------------------------------------------------------------------------------------------------------------
Lionel Operating Train Society                                           2003-present                    Member
----------------------------------------------------------------------------------------------------------------
Mercedes-Benz Club of America, Inc.                                      1996-present                    Member
----------------------------------------------------------------------------------------------------------------
Midwest High Speed Rail Association                                      2009-present                    Member
----------------------------------------------------------------------------------------------------------------
Museum of New Mexico                                                     2014-present                    Member
----------------------------------------------------------------------------------------------------------------
National Association of Railroad Passengers                              1988-present                    Member
----------------------------------------------------------------------------------------------------------------
National Association of Watch & Clock Investors                          1980-present                    Member
----------------------------------------------------------------------------------------------------------------
National Corvette Owners Association                                     1980-present                    Member
----------------------------------------------------------------------------------------------------------------
National Model Railroad Association, Inc.                                1978-present                    Member
----------------------------------------------------------------------------------------------------------------
On Track America                                                            2015-2016        Board of Directors
----------------------------------------------------------------------------------------------------------------
Railway Study Association                                                2014-present                    Member
----------------------------------------------------------------------------------------------------------------
Santa Fe Railway Historical & Modelling Society                          2013-present                    Member
----------------------------------------------------------------------------------------------------------------
The Club at Las Campanas                                                 2015-present                    Member
----------------------------------------------------------------------------------------------------------------
The John W. Barriger National Railroad Library                           2005-present          Trustee & Former
                                                                                                      President
----------------------------------------------------------------------------------------------------------------
The Railway & Locomotive Historical Society                              1990-present                    Member
----------------------------------------------------------------------------------------------------------------
Theta Chi Fraternity                                                     1968-present                    Member
----------------------------------------------------------------------------------------------------------------
Train Collectors Association                                             1979-present                    Member
----------------------------------------------------------------------------------------------------------------
Transportation Research Board                                            2016-present                    Member
----------------------------------------------------------------------------------------------------------------
Union League Club of Chicago                                             1988-present                    Member
----------------------------------------------------------------------------------------------------------------
University of Denver, Transportation Institute                           2016-present        Board of Directors
----------------------------------------------------------------------------------------------------------------
Wheelwright Museum of American Indian                                    2016-present                    Member
----------------------------------------------------------------------------------------------------------------

                                 ______
                                 
           Attachment 5--Section A, Questions 18, 19, and 20
                   Ronald L. Batory, Policy Questions
A.18
    I have served 45 +years in the railroad industry starting as a rank 
and file craft employee, followed by succession of diverse leadership 
positions ending as President & Chief Operating Officer of Consolidated 
Rail Corporation. During my private sector career, I believe I have 
cultivated a reputation for being a progressive, fact-based ``change 
agent'' with a mindset of neutrality toward all stakeholders. My past 
experiences and accomplishments have now led toward a desire to serve 
our country as Administrator of the Federal Railroad Administration and 
to contribute to its leadership given my background in the rail 
industry as well as my personal conviction that safety is first and 
foremost.
A.19
    I believe this position imposes several macro responsibilities. 
These include: (1) inculcating the values of integrity and credibility 
throughout the organization; (2) recognizing emerging issues and 
effectively communicating to the others in DOT and Congress about them; 
and (3) instilling accountability and an attitude of excellence 
throughout the FRA. I believe lam qualified for this position given my 
broad experience in railroads and the management of large organizations 
(up to 14,000 people) in decentralized environments.
A.20
    I believe the top three challenges are: (1) Attrition has taken a 
significant toll on the Agency's expertise, particularly in the safety 
area, over the past decade; (2) The geographic structure of the 
organization challenges our desire for effective communications; we 
must tap new communications technologies to prevent becoming stagnant; 
and (3) Moving to performance-based rulemaking and fact based 
approaches to policy making will help to reduce risk.

    The Chairman. Thank you, Mr. Batory.
    Admiral Buzby.

         STATEMENT OF RADM MARK H. BUZBY, NOMINEE TO BE

            ADMINISTRATOR, MARITIME ADMINISTRATION,

               U.S. DEPARTMENT OF TRANSPORTATION

    Admiral Buzby. Good morning, Chairman Thune, Ranking Member 
Nelson, and members of the Commerce, Science, and 
Transportation Committee. Thank you for this opportunity to 
present my qualifications for serving as our nation's 
Administrator of the Maritime Administration at the Department 
of Transportation.
    Joining me here today is my wife, Gina, who has stood 
alongside me selflessly for the past 21 years. She keeps me 
well-grounded and never ever allows me to take myself too 
seriously. She has also stood alongside military families 
during our Navy years as a tireless supporter of education and 
assistance to spouses and continues in a mentorship role today. 
She was decorated by Secretary of the Navy Ray Mabus with the 
Navy Distinguished Public Service Award for her outstanding 
efforts. My success is due in a large part to her love and 
support.
    Thank you, Dear.
    The statutory mission of the Maritime Administration is to 
foster, promote, and develop the Merchant Marine industry of 
the United States in order to meet the Nation's economic and 
security needs, both now and in the future. That's a tall order 
in today's constrained budget environment, yet it is a mission 
that nonetheless must be pursued. America is a maritime nation.
    The other key role is to manage, on behalf of the Secretary 
of Transportation, the operation of our Navy's premier training 
facility for future Merchant Marine officers, the U.S. Merchant 
Marine Academy at Kings Point, New York and to support the 
efforts of our six State Maritime Academies. I desire to lead 
these missions, and I believe that I am qualified to do so.
    My roots are in the Merchant Marine. I was destined to be a 
mariner, having been born and raised in Atlantic City, New 
Jersey. My first breath of air was salt air. I got my first 
boat at the age of 9. And I bent on my first set of dress blues 
at age 14 at Admiral Farragut Academy. I think you get the 
picture. I am proud to be an anchor-clanker. This is what I do. 
This is who I am.
    After graduation from Kings Point in 1979, I served 34 
years of active duty, much of it at sea, with the U.S. Navy, 
retiring in 2013. I was very fortunate growing up to be 
mentored by a group of relatives and close family friends who 
had all served our Nation in uniform in time of war. Strength 
of character and selfless service were a common virtue of them 
all, and they proved a powerful example to me.
    The Merchant Marine should be front and center in any 
discussion of transportation policy, because the movement of 
cargo by ship is critical to our economy, both domestically and 
internationally. Moreover, since World War II, the Merchant 
Marine is a key part of the Navy's ready reserve. This means 
that we need U.S.-flag ships that are in good repair, we need 
efficient U.S. ports, and we need skilled mariners. My pledge 
is to do all that I can to meet these three challenges.
    If I am confirmed, one of my first priorities will be to 
get the U.S. Merchant Marine Academy squared away. This Academy 
is too great an asset to become tainted because of misconduct 
or bad judgment of a few. We will address these issues. We will 
ensure that Sea Year provides the essential learning experience 
that it is intended to and that all midshipmen will participate 
in this unique hands-on learning experience safely and 
confidently across a wide variety of ships.
    We will work to ensure that the Academy is fully accredited 
and remains so, that the education received there is worthy of 
a U.S. service academy, and that its graduates are fully 
qualified as ship officers to command ships, safely operate 
propulsion systems, and lead seafarers.
    During my time commanding the U.S. Navy's Military Sealift 
Command, and now as President of the National Defense 
Transportation Association, I've had the great fortune to work 
closely, almost daily, alongside the leaders in our Nation's 
maritime industry, including labor, owners and operators, and 
government. I have strong working relationships with them, and 
we have worked through issues in the past and gotten things 
done.
    If I am confirmed as the Maritime Administrator, please 
know that I will seek to build upon this trust to get things 
done.
    We have a motto at Kings Point, ``Acta Non Verba,'' which 
means, ``Deeds not Words.'' It has been a part of me every day 
since I walked out the Academy's gates in 1979, and I pledge to 
you that it will continue to frame my actions as I go forward.
    Again, I want to thank President Trump and Secretary Chao 
for their confidence in me by nominating me for this position. 
I hope that I can earn your trust and confidence as well. I 
look forward to answering any questions that you may have. 
Thank you very much.
    [The prepared statement and biographical information of 
Admiral Buzby follow:]

 Prepared Statement of RADM Mark H. Buzby, Nominee for Administrator, 
       Maritime Administration, U.S. Department of Transportation
    Good morning, Chairman Thune, Ranking Member Nelson, and members of 
the Commerce, Science, and Transportation Committee. Thank you for the 
opportunity to present my qualifications for serving as our Nation's 
Administrator for the Maritime Administration at the Department of 
Transportation.
    Joining me here today is my wife, Gina, who has stood alongside me 
selflessly for the past 21 years. She keeps me well-grounded and never 
ever allows me to take myself too seriously. She has also stood 
alongside military families during our Navy years as a tireless 
supporter of education and assistance to spouses, and continues in a 
mentorship role today. She was decorated by Secretary of the Navy Ray 
Mabus with the Navy Distinguished Public Service Award for her 
outstanding efforts. My success is due in large part to her love and 
support.
    The statutory mission of the Maritime Administration (MarAd) is to 
foster, promote and develop the Merchant Maritime industry of the 
United States in order to meet the Nation's economic and security 
needs, both now in the future. That is a tall order in today's 
constrained budget environment, yet it is a mission that nonetheless 
must be pursued. America is a maritime nation.
    The other key role is to manage, on behalf of the Secretary of 
Transportation, the operation of our Nation's premiere training 
facility for future Merchant Marine officers--the U.S. Merchant Marine 
Academy at Kings Point, and to support the efforts of our six State 
Maritime Academies. I desire to lead these missions, and I believe that 
I am qualified to do so.
    My roots are in the Merchant Marine. I was destined to be a 
mariner, having been born and raised in Atlantic City, New Jersey. My 
first breath of air was salt air; I got my first boat at age 9; and I 
bent, or put on, my first set of dress blues at age 14 at Admiral 
Farragut Academy. I think you get the picture: I am proud to be an 
anchor-clanker; this is what I do, this is who I am.
    After graduation from the U.S. Merchant Marine Academy (USMMA) at 
King's Point, NY, in 1979, I served 34 years on active duty--much of it 
at sea--with the U.S. Navy, retiring in 2013. I was very fortunate 
growing up to be mentored by a group of relatives and close family 
friends who had all served our Nation in uniform in time of war. 
Strength of character and sense of selfless service were common virtues 
of them all, and they proved a powerful example for me.
    The merchant marine should be front and center in any discussion of 
transportation policy, because the movement of cargo by ship is 
critical to our economy, both domestically and internationally. 
Moreover, since World War II, the merchant marine is a key part of the 
Navy's ready reserve. This means we need U.S. flagged ships that are in 
good repair, we need efficient U.S. ports, and we need skilled 
mariners. My pledge is to do all I can to meet these three challenges.
    If I am confirmed, one of my first priorities will be to get the 
U.S. Merchant Marine Academy squared away. This academy is too great an 
asset to become tainted because of the misconduct or bad judgment of a 
few. We will address these issues. We will ensure that Sea Year 
provides the essential learning experience that it is intended to and 
that all midshipmen will participate in this unique hands on learning 
experience, safely and confidently across a wide variety of ships. We 
will work to ensure that the academy is fully accredited, that the 
education received there is worthy of a U.S. service academy, and that 
its graduates are fully qualified as ship's officers to command ships, 
operate propulsion systems, and lead seafarers.
    During my time commanding the U.S. Navy's Military Sealift Command, 
and now as President of the National Defense Transportation Association 
(NDTA), I have had the great fortune to work closely--almost daily--
alongside the leaders in our Nation's maritime industry--including 
labor, owners and operators, and the government. I have strong working 
relationships with them, and we have worked tough issues in the past 
and have gotten things done.
    If I am confirmed as the Maritime Administrator, please know that I 
will seek to build upon this trust to get things done. We have a motto 
at Kings Point: ACTA NON VERBA--Deeds Not Words. It has been a part of 
me every day since I walked out the Academy's gates in 1979, and I 
pledge to you that it will continue to frame my actions as I go 
forward.
    Again, I want to thank President Trump and Secretary Chao for their 
confidence in me by nominating me for this position. I hope I can earn 
your trust and confidence as well. I look forward to answering any 
questions that you may have. Thank you.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used): Mark Howard 
Buzby, Buz Buzby.
    2. Position to which nominated: Administrator, Maritime 
Administration, U.S. Department of Transportation.
    3. Date of Nomination: June 26, 2017.
    4. Address (List current place of residence and office addresses):

        Residence: Information not released to the public.
        Office: National Defense Transportation Association, 50 S. 
        Pickett St, Ste 220, Alexandria, VA 22304.

    5. Date and Place of Birth: 6 October 1956; Atlantic City, NJ.
    6. Provide the name, position, and place of employment for your 
spouse (if married) and the names and ages of your children (including 
stepchildren and children by a previous marriage).

        Spouse: Gina Warren Buzby. Owner, GWB Fine Art, LLC.
        Children: None.

    7. List all college and graduate degrees. Provide year and school 
attended.

        MA, Strategic Studies and Military Affairs, U.S. Naval War 
        College, 1991.

        MA, International Relations, Salve Regina University, 1991.

        BS, Nautical Science, U.S. Merchant Marine Academy, 1979.

        Graduate studies --UNC Kenan-Flagler School of Business, 2006.

        USCG THIRD Mate Unlimited tonnage License, since 1979 
        (Continuity status).

        U.S. Navy Master Trainer certification, 2005.

    8. List all post-undergraduate employment, and highlight all 
management-level jobs held and any non-managerial jobs that relate to 
the position for which you are nominated.

*US Navy (see description   Officer                1979-2013
 below)
*National Defense           President/CEO          2015-present
 Transportation
 Association
*Carnival Cruise Lines      Safety Review Bd       2014-present
Regeneron Pharmaceuticals   Consultant             2014-present
*Northeast Ship Repair      Board                  2014-present
*Wartsilia Defense, Inc.    GSC Board              2015-present
Raytheon Mission Systems    Consultant             2014-2016
United Seaman's Service     Board/Trustee          2015-present
Admiral Farragut Academy    Board                  2014-present
Ruprict Company             Consultant             2013-2014
Inti. Org. of Masters,      Consultant             2015-2016
 Mates, and Pilots (owns     (lnstructor)
 Maritime Institute of
 Training & Graduate
 Studies)
Phillips/Kirkland Maritime  Trustee                2017-present
 Trust
 

    Upon graduation from the U.S. Merchant Marine Academy in 1979, I 
went on active duty in the U.S. Navy and served for 34 years in a wide 
range of afloat and shoreside billets with increasing levels of 
responsibility, rising in rank from Ensign to Rear Admiral (upper 
half). My career included five tours in command including destroyer USS 
CARNEY (DOG 64), Destroyer Squadron THIRTY-ONE, Surface Warfare 
Officer's School Command, Joint Task Force GUANTANAMO, and Military 
Sealift Command (MSC). As Commander, MSC, I had administrative control 
over all of the U.S. Navy's non-combatant ships (112), and when 
activated, operational control of ships of MARAD's Ready Reserve Force 
(46).
    9. Attach a copy of your resume.
    A copy is attached.
    10. List any advisory, consultative, honorary, or other part-time 
service or positions with Federal, State, or local governments, other 
than those listed above, within the last ten years. None.
    11. List all positions held as an officer, director, trustee, 
partner, proprietor, agent, representative, or consultant of any 
corporation, company, firm, partnership, or other business, enterprise, 
educational, or other institution within the last ten years.

U.S. Navy                   Officer                1979-2013
National Defense            President/CEO          2015-present
 Transportation
 Association
Carnival Cruise Lines       Safety Review Bd       2014-present
Regeneron Pharmaceuticals   Consultant             2014-present
Northeast Ship Repair       Board                  2014-present
Wartsilia Defense, Inc.     GSC Board              2015-present
Raytheon Mission Systems    Consultant             2014-2016
United Seaman's Service     Board/Trustee          2015-present
Admiral Farragut Academy    Board                  2014-present
Ruprict Company             Consultant             2013-2014
Intl. Org. of Masters,      Consultant             2015-2016
 Mates, and Pilots (owns     (lnstructor)
 Maritime Institute of
 Training & Graduate
 Studies)
Phillips/Kirkland Maritime  Trustee                2017-present
 Trust
Buzby Maritime Associates,  Owner/Officer          2013-present
 LLC
Surface Navy Association    Board                  2014-present
 

    12. Please list each membership you have had during the past ten 
years or currently hold with any civic, social, charitable, 
educational, political, professional, fraternal, benevolent or 
religious organization, private club, or other membership organization. 
Include dates of membership and any positions you have held with any 
organization. Please note whether any such club or organization 
restricts membership on the basis of sex, race, color, religion, 
national origin, age, or handicap.

------------------------------------------------------------------------
       Organization             Type          Date          Position
------------------------------------------------------------------------
U.S. Naval Institute       Prof           1975-pres     Member
Navy League of U.S.        Prof           2014-pres     Member
Surface Navy Assoc         Prof           1996-pres     Member
Surface Navy Assoc         Prof           2014-pres     Board
United Seaman's Service    Charit         2015-pres     Board
National Defense           Prof           2015-pres     President
 Transportation Assoc
New York Yacht Club        Priv           1991-pres     Member
Army-Navy Club             Priv           2015-pres     Member
Virginia Yacht Club        Social         2016-pres     Member
Admiral Farragut Academy   Edu            2014-pres     Board
------------------------------------------------------------------------

    None of these clubs or organizations restricts membership on the 
basis of sex, race, color, religion, national origin, age, or handicap.
    13. Have you ever been a candidate for and/or held a public office 
(elected, non-elected, or appointed)? If so, indicate whether any 
campaign has any outstanding debt, the amount, and whether you are 
personally liable for that debt. No.
    14. Itemize all political contributions to any individual, campaign 
organization, political party, political action committee, or similar 
entity of $500 or more for the past ten years. Also list all offices 
you have held with, and services rendered to, a state or national 
political party or election committee during the same period. None.
    15. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements.

Military Medals:

   Navy Distinguished Service Medal

   Defense Superior Service Medal

   Legion of Merit (4)

   Bronze Star

   Defense Meritorious Service Medal

   Meritorious Service Medal (5)

   Joint Service Commendation Medal

   Navy Marine Corps Commendation Medal (3)

   Joint Service Achievement Medal

   Navy Achievement Medal

   NATO Medal--Kosovo

   Various other unit and campaign awards

Honors:

   U.S. Merchant Marine Academy ``Alumnus of the Year'' 2010

   Admiral Farragut Academy ``Alumnus of the Year'' 2012

    16. Please list each book, article, column, or publication you have 
authored, individually or with others. Also list any speeches that you 
have given on topics relevant to the position for which you have been 
nominated. Do not attach copies of these publications unless otherwise 
instructed.
    Commentary and interviews by Rear Adm. Mark H. Buzby listed below.

2017:

        U.S. airstrikes kill former Guantanamo detainee in Yemen 
        (Associated Press)
        Annual Review & Outlook, 2017 (Journal of Commerce)
        Is this Transportation's Year? (Defense Transportation Journal)

2016:

        New Horizons (Defense Transportation Journal)
        Outdated infrastructure poses national security risk (The Hill)
        New Rules Means Containers Must Be Accurately Weighed (LandLine 
        Now--audio)
        From Blue to Brown and Back (SEAPOWER)
        Annual Review & Outlook, 2016 (Journal of Commerce)

2015:

        Opportunities for Growth (Defense Transportation Journal)
        Annual Review & Outlook, 2015 (Journal of Commerce)

2014:

        Adjusting Course and Speed (Defense Transportation Journal)

2013:

        ``Relieve the watch . . .'' (Sealift)
        Admiral Buzby on the evolving capabilities of a USN-USMC MSC 
        enabled fleet (Second Line of Defense)
        MSC voyages to the Quality Management System (Sealift)
        The ``seabasing revolution'': Rear Admiral Buzby discusses the 
        latest addition to the MSC fleet (Second Line of Defense)
        Potential impact of budgets and sequestration (Sealift)
        Anticipating the USNS Montford Point: An interview with Admiral 
        Buzby (Second Line of Defense)
        What's on the horizon for 2013? Plenty! (Sealift)
        What sailing taught me about life, and vice versa (Sealift)

2012:

        Plans: Strategic, emergency and personal (Sealift)
        Staying Whole: MSC commander will not let budget cuts, mission 
        growth compromise fleet readiness (SEAPOWER)
        When the customer is everyone (Sealift)
        Ten months and counting: ONE MSC is working (Sealift)
        The new and improved CMPI 610 (Sealift)
        HQ consolidation: What we know so far and what's next (Sealift)
        MSC Key to Navy strategy: Forward deployed and ready (Sealift)
        Safety first, last and always (Sealift)
        Just another day with MSC . . . (Sealift)
        Admiral ``Buz'' Buzby on the Military Sealift Command: 
        Providing global support for forward deployment (Second Line of 
        Defense)
        Travels are always revealing (Sealift)
        Strategic DOD guidance: New equipment, missions for MSC 
        (Sealift)
        We asked. you answered: Here's what we learned (Sealift)
        Happy 2012--another year to excel! (Sealift)

2011:

        Holiday greetings and bandwidth news (Sealift)
        Milestones, new leaders and ONE MSC (Sealift)
        Real ignment, spillage and remembering 9/11 (Sealift)
        Recruiting promotions and rumors (Sealift)
        Alignment, payroll and afloat survey (Sealift)
        Making way on taking care of people (Sealift)
        Joint high-speed vessel: Full ahead! (Sealift)
        Managing quality change and growth (Sealift)
        Giving MSC people the means to excel (Sealift)
        STRATEGIC PRIORITY: Focus on the customer (Sealift)
        Providing ships ready for tasking (Sealift)
        2011--Charting the course (Sealift)

2010:

        New ship's new programs, new heroes (Sealift)
        Trust and confidence--aiming high (Sealift)
        One year on watch--log it! (Sealift)
        Luckiest admiral in the Navy (Sealift)
        Progress report: putting people first (Sealift)
        Facebook now part of the MSC conversation (Sealift)
        Interview with Rear Adm. Mark H. Buzby: The State of U.S. 
        Sealift (Defense Logistics)
        Today's people--tomorrow's ships--yesterday's sacrifices 
        (Sealift)
        Thoughts on seeing MSC in action (Sealift)
        Aligning with Navy's Global Force for Good (Sealift)
        Haiti earthquake relief (Sealift)
        Responding to disaster = MSC core value (Sealift)
        MSC Milestone: T-AFS class completes nearly five decades of 
        service (Sealift)

2009:

        The top five things I learned my first month at MSC (Sealift)
        New MSC Commander takes helm (Sealift)

2008:

        How Guantanamo became a recruiting ground for militants (Miami 
        Herald)

    17. Please identify each instance in which you have testified 
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each 
testimony. None.
    18. Given the current mission, major programs, and major 
operational objectives of the department/agency to which you have been 
nominated, what in your background or employment experience do you 
believe affirmatively qualifies you for appointment to the position for 
which you have been nominated, and why do you wish to serve in that 
position?
    Beginning with my education at the U.S. Merchant Marine Academy, 
throughout my 34 yr career as a U.S. Navy Surface Warfare Officer, and 
now as President of the National Defense Transportation association, I 
have been closely associated with nearly all facets of the U.S. 
maritime industry both afloat and ashore my entire adult life. In my 
last U.S. Navy tour commanding Military Sealift Command, I worked on a 
daily basis with MARAD and USTRANSCOM on a myriad of issues dealing 
with strategic sealift, manning, and health of the U.S. Flag maritime 
industry. In my current role as President, National Defense 
Transportation, I act as a facilitator and enabler of discussion and 
action between USTRANSCOM/MSC/MARAD and the commercial ocean carriers. 
I want to serve because I believe I can make a difference in 
strengthening the U.S. Merchant Marine Academy and ensuring the 
maritime industry is strong in peace and able support for this Nation's 
strategic sealift in time of conflict.
    19. What do you believe are your responsibilities, if confirmed, to 
ensure that the department/agency has proper management and accounting 
controls, and what experience do you have in managing a large 
organization?
    As a custodian of the public trust my entire professional career, I 
am well-versed and experience in managing tax-payer funds and 
developing budgets. Accountability and auditability are key focuses. As 
Commander, Military Sealift Command, I managed an organization of over 
10,000 uniformed and civilian personnel with an annual budget of nearly 
$3.5B.
    20. What do you believe to be the top three challenges facing the 
department/agency, and why?
    1. Advocating in strongest possible terms the need for a strong 
U.S. Flag Merchant Marine properly sized, equipped, and manned to carry 
out the peacetime commerce and wartime strategic sealift requirement of 
the Nation. Part and parcel to this is ensuring a proper percentage/
type of cargo is made available to be carried preferentially in U.S. 
Flag ships.
    2. Strengthen and reinforcing the role of the U.S. Merchant Marine 
Academy as the world's pre-eminent institution for maritime education.
    3. Reinforce the critical role the Jones Act plays in providing 
economic security to the maritime industry, and its absolutely vital 
role to our national security.
                   b. potential conflicts of interest
    1. Describe all financial arrangements, deferred compensation 
agreements, and other continuing dealings with business associates, 
clients, or customers. Please include information related to retirement 
accounts.
    I currently receive a salary from the National Defense 
Transportation Association (NDTA) for my position as President and CEO. 
I also currently receive board fees from the following entities: 
Carnival Cruise Lines Inc. for my position as a member of its Safety & 
Reliability Review Board; Northeast Ship Repair Inc. for my position as 
a Board member; and Wartsilia Defense Inc. for my position as an 
outside Director on its Government Security Committee. In addition, I 
currently receive fees from Regeneron Pharmaceuticals for my position 
as a Consultant, and I have been named as a trustee for the Phillips/
Kirkland Maritime Trust. If confirmed, I will resign from these 
positions.
    I previously held positions with Raytheon as a Consultant and with 
the Maritime Institute for Training & Graduate Studies as an 
Instructor. The Maritime Institute is owned by the International 
Organization of Masters, Mates, and Pilots. In addition, I currently 
serve as a Board member of the United Seaman's Service and the Admiral 
Farragut Academy. Both positions are voluntary and unpaid. If 
confirmed, I will resign from those positions.
    I also have an LLC, Buzby Maritime Associates LLC, to provide 
maritime consulting services. However, I have never done business under 
this LLC and if confim1ed, it will be inactive during my time in 
Federal service.
    I have a 403(b) retirement plan from m y current employer, National 
Defense Transportation Association; if confirmed, I will retain this 
403(b) plan but NOTA will not make any further contributions to the 
plan. I also have a TSP account from my previous government service; if 
confirmed, I will retain my TSP account.
    2. Do you have any commitments or agreements, formal or informal, 
to maintain employment, affiliation, or practice with any business, 
association or other organization during your appointment? If so, 
please explain. No.
    3. Indicate any investments, obligations, liabilities, or other 
relationships which could involve potential conflicts of interest in 
the position to which you have been nominated.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the Department of Transportation's 
Designated Agency Ethics Official to identify potential conflicts of 
interest. Any potential conflicts of interest will be resolved with the 
terms of an ethics agreement that I have entered into with DOT's 
Designated Agency Ethics Official and that has been provided to this 
Committee. I am not aware of any other potential conflicts of interest.
    4. Describe any business relationship, dealing, or financial 
transaction which you have had during the last ten years, whether for 
yourself, on behalf of a client, or acting as an agent, that could in 
any way constitute or result in a possible conflict of interest in the 
position to which you have been nominated.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the Department of Transportation's 
Designated Agency Ethics Official to identify potential conflicts of 
interest. Any potential conflicts of interest will be resolved with the 
terms of an ethics agreement that I have entered into with DOT's 
Designated Agency Ethics Official and that has been provided to this 
Committee. I am not aware of any other potential conflicts of interest.
    5. Describe any activity during the past ten years in which you 
have been engaged for the purpose of directly or indirectly influencing 
the passage, defeat, or modification of any legislation or affecting 
the administration and execution of law or public policy. None.
    6. Explain how you will resolve any potential conflict of interest, 
including an y that may be disclosed by your responses to the above 
items.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the Department of Transportation's 
Designated Agency Ethics Official to identify potential conflicts of 
interest. Any potential conflicts of interest will be resolved with the 
terms of an ethics agreement that I have entered into with DOT's 
Designated Agency Ethics Official and that has been provided to this 
Committee. I am not aware of any other potential conflicts of interest.
                            c. legal matters
    1. Have you ever been disciplined or cited for a breach of ethics, 
professional misconduct, or retaliation by, or been the subject of a 
complaint to, any court, administrative agency, the Office of Special 
Counsel, professional association, disciplinary committee, or other 
professional group? If yes:

  a.  Provide the name of agency, association, committee, or group;

  b.  Provide the date the citation, disciplinary action, complaint, or 
        personnel action was issued or initiated;

  c.  Describe the citation, disciplinary action, complaint, or 
        personnel action;

  d.  Provide the results of the citation, disciplinary action, 
        complaint, or personnel action.

    No.

    2. Have you ever been investigated, arrested, charged, or held by 
any Federal, State, or other law enforcement authority of any Federal, 
State, county, or municipal entity, other than for a minor traffic 
offense? If so, please explain. No.
    3. Have you or any business or nonprofit of which you are or were 
an officer ever been involved as a party in an administrative agency 
proceeding, criminal proceeding, or civil litigation? If so, please 
explain.
    No. My current and former employers have been involved in 
litigation and administrative proceedings as part of their normal 
business dealings, but I was and am not an officer of those businesses 
and have not been named as a party in those actions.
    4. Have you ever been convicted (including pleas of guilty or nolo 
contendere) of any criminal violation other than a minor traffic 
offense? If so, please explain. No
    5. Have you ever been accused, formally or informally, of sexual 
harassment or discrimination on the basis of sex, race, religion, or 
any other basis? If so, please explain. No.
    6. Please advise the Committee of any additional information, 
favorable or unfavorable, which you feel should be disclosed in 
connection with your nomination. None.
                     d. relationship with committee
    1. Will you ensure that your department/agency complies with 
deadlines for information set by congressional committees? Yes.
    2. Will you ensure that your department/agency does whatever it can 
to protect congressional witnesses and whistle blowers from reprisal 
for their testimony and disclosures? Yes.
    3. Will you cooperate in providing the Committee with requested 
witnesses, including technical experts and career employees, with 
firsthand knowledge of matters of interest to the Committee? Yes.
    4. Are you willing to appear and testify before any duly 
constituted committee of the Congress on such occasions as you may be 
reasonably requested to do so? Yes.
                                 ______
                                 
                        Resume of Mark H. Buzby
SUMMARY
    Over 36 years experience in all facets of maritime and naval 
enterprise including executive positions in naval and maritime policy 
and strategy development, management of operations for naval and 
merchant vessel fleets, culminating in command of the U.S. Navy's 
Military Sealift Command (MSC)--largest employer of U.S. mariners. 
Acknowledged expert in training and men taring seagoing officers. 
Experience includes:

   Strategic planning

   Financial/resource management

   Change Management

   Marine maintenance

   Fleet operations

   Mentorship/Character development

ACCOMPLISHMENTS
Strategic Planning
    Established Strategic Planning cycle and developed five-year 
Strategic Plan for all facets of MSC world-wide operations across five 
business lines. Set course to maximize efficiency while maintaining 
operational effectiveness in face of declining budget, while supporting 
strategic goals of higher headquarters.
Financial/Resource Management
    Operated $3.5 B shipping line within 2 percent budget variation. 
Reduced operating overhead through vigorous management of crewing 
levels, fuel and parts usage, introduction of energy-saving technology, 
and rigorous accountability process. Introduced two new ship classes 
(T-EPF, T-ESD) to fleet on time and on budget. Advice sought by U.S. 
Navy to adopt MSC best practices.
Change Management
    Delivered entirely new warfighting capability to U.S. Navy using 
42-year old ship slated for decommissioning and applying rigorous 
contracting discipline, stringent configuration management, and 
innovative hybrid crewing model in just 6 months.
Marine Maintenance
    Directed, prioritized and managed maintenance program for 112 
ocean-going ship fleet operating world-wide on budget at nearly 100 
percent operational availability. 30+ years hands-on experience 
maintaining vessels and yachts within strict budget, yet yielding high 
operational performance. Extensive new-ship construction, modification, 
and shipyard repair management experience.
Fleet Operations
    Directed majority of U.S. maritime response to 2010 Haiti 
earthquake through 18 MSC ships mobilized to provide wide range of 
capability: medical, salvage, hydrography, intermodal over-the-beach 
logistics, at-sea replenishment, and high speed transport of personnel 
and priority cargo. Directed day to day operations and scheduling of 
all Atlantic Fleet ships, aircraft and submarines.
Mentorship & Character Development
    Extensively sought after to speak to entry-level through senior 
leaders on leadership, ethics, character development and professional 
topics at local and national level. Widely respected for high sense of 
integrity, humility, and common sense approach to leadership. U.S. Navy 
Master Training Specialist certification.

WORK HISTORY
President/CEO
National Defense Transportation Association 2014-Present
Non-profit, non-political organization which provides open venue for 
government and industry to collaborate in the development and execution 
of policies which impact the Defense Transportation system.

President
Buzby Maritime Associates, LLC 2013-Present
Consulting firm specializing in maritime, defense, and security/force 
protection disciplines.

Commander
U.S. Navy Military Sealift Command, Washington, D.C. 2009-2013
Overall command of 171 ships and I 0,000 people with $3.5 billion in 
annual revenue providing at sea sustainment to combat forces, sealift, 
and specialized marine operations globally. U.S. Navy's maritime 
logistics subject matter expert.

Fleet Operations Director
U.S. Fleet Forces Command, Norfolk, VA 2008-2009
Day to day scheduling and direction of 250,000 personnel and all air, 
land and sea assets assigned to U.S. Navy Atlantic Fleet. Executive 
oversight of Antiterrorism/Force Protection measures for all U.S. based 
naval forces.

Commander
Joint Task Force Guantanamo Bay, Cuba 2007-2008
Overall command of 2,500 personnel Joint Task Force charged with safe, 
humane, transparent and legal detention of enemy combatants. Extensive 
interaction with highest levels of National Security leadership, 
interagency, legal community and international media.

Deputy Director, Surface Warfare/Expeditionary Warfare
Chief of Naval Operations (N96/N95), Washington, D.C. 2005-2007
Directed requirements generation and programming development for all 
surface warfare and expeditionary warfare ship and system procurement 
and upgrade programs through two budget cycles.

    Previous relevant work experience: 34 yr career U.S. Navy Rear 
Admiral. Commander of premier technical/leadership education 
schoolhouse for Naval officers, Commander of seven ship, 2100-personnel 
destroyer squadron, accountable for all aspects of maintenance and 
operations; Commander of U.S. Navy destroyer and 300 man crew which was 
formally cited as most combat ready ship in Navy over two-year period. 
At-sea engineering, operations, and supervisory positions on six naval 
vessels and 50+ years experience commanding vessels and yachts. Navy's 
1985 Atlantic Fleet Shiphandler of the Year.
EDUCATION
MA Strategic Studies and Military Affairs, U.S. Naval War College 1991
MA International Relations, Salve Regina University 1991
BS Nautical Science, U.S. Merchant Marine Academy 1979
Graduate studies UNC Kenan-Flagler School of Business 2006,2009
USCG THIRD Mate Unlimited tonnage License
AFFILIATIONS
Navy League of the United States.
U.S. Naval Institute
Surface Navy Association
New York Yacht Club
Virginia Yacht Club
Army and Navy Club
Board of Directors, Northeast Ship Repair, Inc.
Board of Directors, Wartsila Defense, Inc.
Safety and Reliability Review Board, Carnival Cruise Lines, Inc.
Board of Directors, Admiral Farragut Academy
Board of Directors, United Seaman's Service
SECURITY CLEARANCE Top Secret (2013)

    The Chairman. Thank you, Admiral Buzby.
    Mr. Davidson.

STATEMENT OF PETER B. DAVIDSON, NOMINEE TO BE GENERAL COUNSEL, 
                  U.S. DEPARTMENT OF COMMERCE

    Mr. Davidson. Chairman Thune, Ranking Member Nelson, 
members of the Committee, thank you for having me here today. 
As Chairman Thune mentioned, I have worked with many of you in 
different capacities over the years, and look forward to 
hearing your views and questions.
    I would like to introduce my family that's here with me 
today. My wife, Kari; my son, Bjorn; my daughters, Maddie and 
Sophie; are behind me. My dad, Bob Davidson, traveled from our 
cabin in northern Wisconsin by boat, plane, and car to be with 
us here today. And I thank them for their support and 
encouragement in returning to public service.
    Finally, I would like to thank the dedicated employees at 
the Department of Commerce who have gotten me ready for this 
hearing and have spent a lot of time preparing me for this 
position. I would like to thank President Trump for this 
nomination, and Secretary Ross for his strong support as well.
    I'll be brief in my statement, as I truly do want to talk 
to you and hear your views and questions. I will dispense with 
a review of my career to date. I think the diverse experiences 
that I've had in both the public and private sector will help 
prepare me for the challenges presented to the General Counsel 
of the Commerce Department.
    So I would like to take my time here today to talk about 
some of the challenges facing our country and how I would like 
to help the Department use its wide jurisdiction to address 
those challenges.
    As Ranking Member Nelson said, and former Chairman of the 
Committee, Daniel Inouye, said several years ago in a similar 
hearing, quote, the Department affects almost all sectors of 
our Nation's economy and literally touches all of our lives. 
And I'm excited to join the Department and help Secretary Ross 
and the others use the Department's wide jurisdiction to help 
create jobs and expand our economy.
    So how do we do that? First, in terms of trade, the 
Department plays a critical role in making sure that the world 
trading system treats American businesses fairly and also opens 
new opportunities for our businesses abroad. As Secretary Ross 
noted in a statement before this Committee recently, we will 
provide access to our markets for those who agree to play by 
the rules, but will not stand by as American workers are harmed 
by unfair practices. He also indicated an interest in seeking 
out new agreements and new trading partners, which will be 
essential for American businesses to compete with other major 
economies.
    Second, technology companies in the United States are the 
envy of the world and a force multiplier for American jobs. 
It's important to fashion the right government policies that 
both remove barriers to investment and innovation and also 
protect against unfair and restrictive policies by foreign 
governments. These advanced technologies will play important 
roles in worker retraining and maintaining international 
dexterity in tech, ag, and services, as well as the backbone of 
the American economy, manufacturing.
    The Department also plays an important role in supporting 
our fisheries, farmers, maritime industries, protecting 
intellectual property, and establishing scientific standards 
and promoting research. It's also critical that we ensure that 
the decennial census be thorough, accurate, and efficient 
because of the importance of the data that it collects.
    And, finally, if I am confirmed as General Counsel of the 
Department of Commerce, I will work hard to see that the 
Department operates under the highest ethical standards and 
complies with all applicable laws and regulations.
    So there is a lot of work to get done, put the right 
policies in place to create jobs, and grow our economy. It's my 
view and a view I have acted upon throughout my career, that 
it's easier to achieve these goals if done in a bipartisan 
manner with input from Congress, the administration, and 
stakeholders.
    When I was a young staffer in the House, I was trying to 
corral some votes for a bill from Democratic members, and I was 
given some advice that I've never forgotten by former 
Representative Charlie Stenholm, who said to me, ``Peter, it's 
a lot easier for me to be there on the landing if I'm there on 
the takeoff.'' I've never forgotten those words, and I look 
forward to rolling up my sleeves and working in a bipartisan 
manner to address the challenges presented to the Department of 
Commerce and the United States Government. Thank you for the 
opportunity to be here.
    [The prepared statement and biographical information of Mr. 
Davidson follow:]

    Prepared Statement for Peter B. Davidson, Nominee to be General 
                  Counsel, U.S. Department of Commerce
    Chairman Thune, Ranking Member Nelson, and members of the 
Committee, thank you for this opportunity to appear before you. I have 
worked with almost all of you in some capacity during my time in 
Washington, D.C., and I look forward to hearing your views and 
questions. Let me start by introducing my family, starting with my wife 
Kari, daughters Maddie and Sophie, and son Bjorn. My father, Robert 
Davidson, travelled from northern Wisconsin by boat, car and plane to 
be here as well. I appreciate the encouragement they have given me to 
pursue my next job in public service. Also, I'd be remiss if I didn't 
thank the dedicated and professional staff at the Department of 
Commerce who have helped me tremendously over the past several months. 
Finally, I thank the President for indicating his trust in me by 
nominating me for this important position, and also Secretary Ross for 
his strong support.
    I will be brief, as I truly do want to hear what is on your minds. 
You have all of my background materials . . . so I will dispense with a 
detailed rehash of my history and qualifications. If confirmed, I think 
the diverse experiences I have had both inside and outside of 
government will all contribute to my ability to manage the challenges 
and explore the opportunities presented. I'd like to take my time here 
to talk about the challenges facing our country and how I would like to 
help the Department use its broad jurisdiction to address these 
challenges. Former Chairman Inouye described the scope of the 
Department's mission when he opened a similar hearing in 2009 by noting 
that the Department ``affects almost all sectors of our Nation's 
economy . . . [and] literally touches each of our lives.'' I'm excited 
to join the Department to help Secretary Ross and others use the 
Department's wide array of tools to help create jobs and expand our 
American economy.
    So, how to do that? First, in terms of trade, the Department plays 
a critical role in making sure that the world trading system treats 
American business fairly, and also opens new opportunities for our 
businesses abroad. As Secretary Ross noted in recent testimony before 
this Committee, we will provide access to our markets to those who 
agree to play by the rules, but will not stand by as American workers 
are harmed by unfair practices. He also indicated an interest in 
seeking out new agreements with our trading partners, which will be 
essential for American businesses to compete with other major 
economies.
    Second, U.S. technology companies are the envy of the world and a 
force multiplier for American jobs and growth in the tech, services and 
manufacturing sectors. It is important to fashion the right government 
policies that both remove barriers to investment and innovation and 
also protect against unfair and restrictive policies by foreign 
governments. These advanced technologies will play important roles in 
worker retraining and in maintaining international dexterity in tech 
and services, agriculture, as well as the backbone of the American 
economy, manufacturing.
    The Department also plays an important role in supporting our 
fisheries, farmers, and maritime industries, protecting intellectual 
property, and in establishing scientific standards and promoting 
research. It is also critical that we ensure that the decennial census 
be thorough, accurate, and efficient because of the importance of the 
data it collects. And finally, if I am confirmed as General Counsel, I 
will work hard to see to it that the Department operates under the 
highest ethical standards and complies with all applicable laws and 
regulations.
    So, there is a lot of work to be done to get the right policies in 
place to create jobs and grow our economy. It's my view, and a view I 
have held and acted upon throughout my career, that it's easier to 
achieve these goals if done in a bipartisan way with input from 
Congress, the Administration, and private sector stakeholders. When I 
was a young staffer in the House trying to round up Democratic votes 
for a bill, I got some good advice from former Rep. Charlie Stenholm 
who told me, ``Peter, it's a lot easier for me to be there on the 
landing if I'm there at the takeoff.'' I've spent my career rolling up 
my sleeves to try to find bipartisan solutions to tough problems, and, 
if confirmed, I will do the same as General Counsel of the Department 
of Commerce.
    Thank you, and I look forward to your questions.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used): Peter Brent 
Davidson.
    2. Position to which nominated: General Counsel, Department of 
Commerce.
    3. Date of Nomination: June 29, 2017.
    4. Address (List current place of residence and office addresses):

        Residence: Information not released to the public.

    5. Date and Place of Birth: March 6, 1962; Minneapolis, MN.
    6. Provide the name, position, and place of employment for your 
spouse (if married) and the names and ages of your children (including 
stepchildren and children by a previous marriage).

        Kari L. Davidson, employed as an independent contractor with 
        The Business Council.
        Children: Madeleine (23), Sophie (20)

    7. List all college and graduate degrees. Provide year and school 
attended.

        Carleton College, BA 1984, and University of Virginia School of 
        Law, JD 1990

    8. List all post-undergraduate employment, and highlight all 
management level jobs held and any non-managerial jobs that relate to 
the position for which you are nominated.

        (a)  Intern, Rep. Bill Frenzel (MN-3) Fall 1984-Feb. 1985

        (b)  Legislative assistant, Rep. Dick A1mey (TX-26) Feb. 1985-
        Dec. 1986

        (c)  Director, Congressional and Media Affairs, WORLDNET, USIA 
        Dec. 1986-Aug. 1987

        (d)  Law Clerk, 10th Circuit Comt of Appeals in Denver, CO June 
        1990-May 1991

        (e)  Attorney-advisor, Office of Legal Counsel, Department of 
        Justice Sept. 1991-Dec. 1992

        (f)  Policy Director and General Counsel, House Republican 
        Conference Dec. 1992-Dec. 1994

        (g)  Policy Director and General Counsel, Office of the House 
        Majority Leader Jan. 1995-Sept. 1999

        (h)  Vice President, Congressional Relations, USWEST/Qwest 
        Sept. 1999-Feb. 2001

        (i)   General Counsel, United States Trade Representative Feb. 
        2001-Apr. 2003

        (j)   Senior Vice President, Congressional Relations, Verizon 
        Communications Apr. 2003-Dec. 2016

        (k)  Adjunct Professor, The George Washington University 
        Graduate School of Political Management June 2013-Dec. 2014

    9. Attach a copy of your resume.
    A copy is attached.
    10. List any advisory, consultative, honorary, or other part-time 
service or positions with Federal, State, or local governments, other 
than those listed above, within the last ten years. None.
    11. List all positions held as an officer, director, trustee, 
partner, proprietor, agent, representative, or consultant of any 
corporation, company, firm, partnership, or other business, enterprise, 
educational, or other institution within the last ten years.
    None other than jobs listed above and charitable boards listed 
below.
    12. Please list each membership you have had during the past ten 
years or currently hold with any civic, social, charitable, 
educational, political, professional, fraternal, benevolent or 
religious organization, private club, or other membership organization. 
Include dates of membership and any positions you have held with any 
organization. Please note whether any such club or organization 
restricts membership on the basis of sex, race, color, religion, 
national origin, age, or handicap.

        (a)  Washington Tennis and Education Foundation, Board Member 
        from 2005 to present. President from Jan. 2009-Dec. 2010.

        (b)  National Association of Manufacturers, Board Member from 
        2008-2016.

        (c)  The Washington Center, Advisory Board Member from 2010 to 
        present.

        (d)  The Bryce Harlow Foundation, Board Member from 2012 to 
        present.

        (e)  Mount Vernon Park Swim and Tennis, Member from 1994 to 
        present.

        (f)  Belle Haven Country Club, member from 2000 to present.

    13. Have you ever been a candidate for and/or held a public office 
(elected, non-elected, or appointed)? If so, indicate whether any 
campaign has any outstanding debt, the amount, and whether you are 
personally liable for that debt. No.
    14. Itemize all political contributions to any individual, campaign 
organization, political party, political action committee, or similar 
entity of $500 or more for the past ten years. Also list all offices 
you have held with, and services rendered to, a state or national 
political party or election committee during the same period.
    My contributions for the past ten years appear in Appendix I, 
attached. I have held no office for a political party, nor have I been 
employed by any campaign.
    15. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements.

        Phi Beta Kappa

    16. Please list each book, article, column, or publication you have 
authored, individually or with others. Also list any speeches that you 
have given on topics relevant to the position for which you have been 
nominated. Do not attach copies of these publications unless otherwise 
instructed.

        (a) Chipping Away at the President's Control Over His 
        Administration: An Analysis of Morrison v. Olson and Beyond, 6 
        J.L. & Pol. 205 (1989).

        (b) I have given many speeches on trade and technology policy 
        in venues such as Practicing Law Institute and Continuing Legal 
        Education panels, OECD ministerials, NAM Board meetings, World 
        International Trade conferences, and telecommunications 
        conferences both domestic and international, etc. I do not have 
        copies of these presentations, and, as far as I know, they were 
        not transcribed or published.

    17. Please identify each instance in which you have testified 
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each 
testimony.
    In my capacity as General Counsel to the U.S. Trade Representative, 
I testified before Congress on the following matters:

   June 26, 2001, before the Senate Committee on Finance, 
        regarding the U.S.-Vietnam Trade Agreement (as described in 
        Senate Report 107-49, ``Approving the Extension of 
        Nondiscriminatory Treatment (Normal Trade Relations) to the 
        Products of the Socialist Republic of Vietnam'' (July 27, 
        2001))

   August 2, 2001, before the U.S.-China Security Review 
        Commission, regarding bilateral trade policies between the U.S. 
        and China (as described in ``Report to Congress of the U.S.-
        China Security Review Commission,'' page 70 (July 2002)) (note 
        that this was before a Congressional commission)

   October 16, 2001, by letter to the U.S.-China Security 
        Review Commission, regarding bilateral trade policies between 
        the U.S. and China (as described in ``Report to Congress of the 
        U.S.-China Security Review Commission,'' page 49 (July 2002)) 
        (note that this was before a Congressional commission)

   February 27, 2002, before the House Committee on Ways and 
        Means, regarding WTO's Extraterritorial Income Decision (as 
        reported in the hearing transcript).

    18. Given the current mission, major programs, and major 
operational objectives of the department/agency to which you have been 
nominated, what in your background or employment experience do you 
believe affirmatively qualifies you for appointment to the position for 
which you have been nominated, and why do you wish to serve in that 
position?
    I believe that the mix of public and private service has provided 
me with a broad foundation to help advance the mission of the 
Department of Commerce, particularly in the areas of trade and 
technology. As Policy Director for the House Majority Leader, I was 
required to master policy nuances in many areas and develop strategies 
to work to assemble bipartisan majorities to pass legislation, work 
with Senate and then the Clinton Administration to have these bills 
signed into law. This understanding of how to develop and implement 
strategies that advance good public policy in a way that attracts 
bipartisan support will be directly relevant to the DOC achieving its 
objectives. As General Counsel to the USTR, I dealt with many issues 
that are still active policy matters such as revising and renegotiating 
current trade agreements as well as negotiating new bilateral 
agreements. My work in the telecom industry has provided invaluable 
experience as we have moved from the era of plain old telephone service 
to the Internet ecosystem. I would greatly appreciate the opportunity 
to serve as General Counsel of the Department of Commerce in order to 
use this wide array of experience to advance the DOC's mission to 
advance policies that help create jobs and grow the economy.
    19. What do you believe are your responsibilities, if confirmed, to 
ensure that the department/agency has proper management and accounting 
controls, and what experience do you have in managing a large 
organization?
    If I am confirmed as General Counsel, I will be point on ensuring 
that the activities of the DOC fall clearly within the letter and 
spirit of relevant laws and regulations. I have been a student of 
administrative procedure both in law school and throughout my career 
and take compliance in this area very seriously. I will also be the 
lead official in the Department concerning ethics and compliance 
matters, and I will take these responsibilities seriously as well. I 
have had many experiences managing important offices both in the public 
and private sectors and am confident that I will be able to draw on 
these diverse experiences to effectively manage the legal department of 
the DOC.
    20. What do you believe to be the top three challenges facing the 
department/agency, and why?

        (a)  Modernizing existing trade agreements and negotiating new 
        trade agreements to create jobs and grow our economy. Why? 
        Because many of these agreements are decades old and need to be 
        updated to correspond to today's economy or we risk losing jobs 
        and slowing economic growth.

        (b)  Implement new infrastructure projects through 
        administrative action and legislation to help American 
        businesses compete internationally. Why? America is facing an 
        infrastructure crisis and Congress and the Administration must 
        work together to address our decaying roads, bridges, ports, 
        airports, before we lose more ground to other countries with 
        more advanced infrastructure.

        (c)  Ensure that Federal laws and regulations do not hinder 
        American leadership in technology. Why? America is a world 
        leader in the technology sector and in the Internet ecosystem, 
        but we must be vigilant that outdated laws and regulations 
        don't endanger this world leadership position.
                   b. potential conflicts of interest
    1. Describe all financial arrangements, deferred compensation 
agreements, and other continuing dealings with business associates, 
clients, or customers. Please include information related to retirement 
accounts.
    The details of my arrangement with Verizon pursuant to their 
executive compensation plan are all contained in my OGE Form 278 and my 
ethics agreement letter, and I have no arrangements with business 
associates, customers or clients.
    2. Do you have any commitments or agreements, formal or informal, 
to maintain employment, affiliation, or practice with any business, 
association or other organization during your appointment? If so, 
please explain. No.
    3. Indicate any investments, obligations, liabilities, or other 
relationships which could involve potential conflicts of interest in 
the position to which you have been nominated.
    I have been working with the Office of Government Ethics and 
Department of Commerce agency ethics officials for the past few months 
to identify any potential conflicts of interest. Any potential 
conflicts of interest will be resolved in accordance with the terms of 
my ethics agreement. I understand that that agreement has been provided 
to the Committee. I am not aware of any other potential conflicts of 
interest other than those contained in the ethics agreement.
    4. Describe any business relationship, dealing, or financial 
transaction which you have had during the last ten years, whether for 
yourself, on behalf of a client, or acting as an agent, that could in 
any way constitute or result in a possible conflict of interest in the 
position to which you have been nominated.
    I have been employed by Verizon for the ten-year scope of this 
question, and any potential conflicts of interest regarding Verizon is 
dealt with in my ethics agreement. I am not aware of any other 
potential conflicts of interest.
    5. Describe any activity during the past ten years in which you 
have been engaged for the purpose of directly or indirectly influencing 
the passage, defeat, or modification of any legislation or affecting 
the administration and execution of law or public policy.
    My lobbying disclosure report for my service at Verizon over the 
past ten years is publicly available, and I can provide a full report 
if requested.
    6. Explain how you will resolve any potential conflict of interest, 
including any that may be disclosed by your responses to the above 
items.
    I have been working for the past few months with the Office of 
Government Ethics and the Department of Commerce agency ethics 
officials to develop my ethics agreement, and I will resolve all 
conflicts according to the terms of that agreement. I will work with 
the Department's DAEO going forward as well with any potential 
financial conflict of interest.
                            c. legal matters
    1. Have you ever been disciplined or cited for a breach of ethics, 
professional misconduct, or retaliation by, or been the subject of a 
complaint to, any court, administrative agency, the Office of Special 
Counsel, professional association, disciplinary committee, or other 
professional group? If yes:

        a.  Provide the name of agency, association, committee, or 
        group;

        b.  Provide the date the citation, disciplinary action, 
        complaint, or personnel action was issued or initiated;

        c.  Describe the citation, disciplinary action, complaint, or 
        personnel action;

        d.  Provide the results of the citation, disciplinary action, 
        complaint, or personnel action.

    I was placed on an involuntary suspension by the Minnesota Bar 
Association because of a misunderstanding about CLE requirements. I can 
provide a letter from the Minnesota State Bar Association indicating 
that I have been reinstated.
    2. Have you ever been investigated, arrested, charged, or held by 
any Federal, State, or other law enforcement authority of any Federal, 
State, county, or municipal entity, other than for a minor traffic 
offense? If so, please explain. No.
    3. Have you or any business or nonprofit of which you are or were 
an officer ever been involved as a party in an administrative agency 
proceeding, criminal proceeding, or civil litigation? If so, please 
explain.
    I have not been a party to a criminal proceeding or civil 
litigation. Verizon and the National Association of Manufacturers 
(NAM), in which I formerly held positions, have been involved in 
various civil litigation.
    4. Have you ever been convicted (including pleas of guilty or nolo 
contendere) of any criminal violation other than a minor traffic 
offense? If so, please explain. No.
    5. Have you ever been accused, formally or informally, of sexual 
harassment or discrimination on the basis of sex, race, religion, or 
any other basis? If so, please explain. No.
    6. Please advise the Committee of any additional information, 
favorable or unfavorable, which you feel should be disclosed in 
connection with your nomination. None.
                     d. relationship with committee
    1. Will you ensure that your department/agency complies with 
deadlines for information set by congressional committees? Yes.
    2. Will you ensure that your department/agency does whatever it can 
to protect congressional witnesses and whistle blowers from reprisal 
for their testimony and disclosures? Yes.
    3. Will you cooperate in providing the Committee with requested 
witnesses, including technical experts and career employees, with 
firsthand knowledge of matters of interest to the Committee? Yes.
    4. Are you willing to appear and testify before any duly 
constituted committee of the Congress on such occasions as you may be 
reasonably requested to do so? Yes.
                                 ______
                                 
                   Appendix I Political Contributions

        John McCain--$500--3/27/07

        Eric Paulson--$500--10/23/08

        John Sununu--$1,000--10/18/08

        Karen Diebel--$500--5/21/10

        Sean Duffy--$500--10/7/10

        Randy Demmer--$500--10/7/10

        John Dingell--$500--10/29/10

        NRCC--$100--8/22/10

        NRCC--$100--10/29/10

        Ted Cruz--$500--12/19/11

        George Allen--$500--9/29/11

        Rick Berg--$1,000--6/12/12

        Mitt Romney--$1,500--9/19/12

        Mitt Romney--$1,000--3/23/12

        NRSC--$2,000--6/12/12

        Tommy Thompson--$1,000--11/01/12

        NRCC--$6,000--9/19/12

        George Allen--$2,000--10/5/12

        Ted Cruz--$500--7/21/12

        NRCC--$2,500--3/16/13

        Eric Cantor--$1,000--12/24/13

        Cory Gardner--$500--9/30/14

        Ed Gillespie--$2,500--9/10/14

        Ed Gillespie--$500--9/30/14

        Barbara Comstock--$500--9/30/14

        Pat Towmey--$500--9/29/15

        Ed Gillespie--$500--8/26/15

        NRCC--$2,500--4/7/15

        Marco Rubio--$2,700--11/17115

        John Thune--$1,000--9/30/15

        Rob Portman--$1,000--9/27/!5

        Kelly Ayotte--$500--9/27/15

        Eric Paulsen--$500--10/30/16

        Roy Blunt--$500--10/28/16

        Kelly Amstock--$500--10/28/16

        Barbara Comstock--$500--10/28/16
                                 ______
                                 
                      Resume of Peter B. Davidson
Employment
Senior Vice President, Federal and International Government Relations, 
        Verizon Communications 2003 to present
    Manage Verizon's Federal congressional relations, supervising a 
staff of approximately 25 handling issues including telecommunications, 
technology, taxation, pension, labor, energy, and health. Supervise the 
six person international policy team who work to advance Verizon's 
international business interests through interaction with U.S. 
government and foreign officials on regulatory, trade, tax and other 
matters. Manage Verizon's relationships with 20-plus state and local 
groups at the national level, as well as the employee advocacy program 
and Verizon's political action committee.
General Counsel, United States Trade Representative (USTR) 2001-03
  Supervised 27 attorneys who assist in trade negotiations as 
        well as litigate on behalf of the United States before the 
        World Trade Organization. Added six new attorneys to focus on 
        China enforcement.

  Coordinated USTR policy positions and strategy for: Trade 
        Promotion Authority; the President's steel safeguard measure 
        and international negotiations on steel capacity reduction and 
        subsidization; and negotiations over dispute settlement 
        revisions in the Doha Round, among other matters.

  Assisted the United States Trade Representative on a wide 
        array of policy matters beyond the scope of a traditional 
        General Counsel, including testifying on numerous occasions 
        before the Senate Finance and House Ways and Means Committees, 
        and often serving as the Acting USTR while the Trade 
        Representative was out of the country.
Vice President, Federal Government Relations, Qwest Communications 
        1999-01
  Hired in 1999 to manage USWEST's Federal legislative 
        relations. Qwest expanded the scope of duties following the 
        year 2000 merger to include supervision of the Washington, D.C. 
        office.

  Member of the United States Telecom Association Board of 
        Directors.
Policy Director and General Counsel, House Majority Leader Richard K. 
        Armey 1995-99
  Led House leadership planning team charged with developing 
        legislative priorities and strategies, scheduling the House 
        floor, resolving disputes between committees, and negotiating 
        with the Senate and the Administration. Managed the drafting 
        and committee and House floor passage of all ten planks of the 
        Contract with America within 93 days.

  Advised the Majority Leader on legal matters including cases 
        concerning the House of Representatives, office compliance with 
        Federal workplace laws and regulations, as well as ethics 
        matters. Also, helped plan the transition to the majority after 
        the 1994 elections, including eliminating one-third of 
        committees and subcommittees and reforming the functions of the 
        officers of the House.
Policy Director and General Counsel, House Republican Conference 1993-
        95
  Coordinated policy and legal functions for the Conference, 
        which serves as the organizing body for Republican House 
        Members. While in the minority, the Conference also served as 
        the clearinghouse for legislative analysis and strategy.
Attorney-Advisor, Office of Legal Counsel, Department of Justice 1991-
        93
  OLC advises the Attorney General and the President on legal 
        matters involving constitutional law and presidential powers. 
        It also resolves legal disputes between agencies. Worked for 
        General William P. Barr, and Michael Luttig and then Tim 
        Flanagan at OLC.
Clerk, 10th Circuit Court of Appeals, Denver, Colorado 1990-91
Director of Public Affairs, WORLDNET, United States Information Agency 
        1986-87
Legislative Assistant, Rep. Richard K. Armey (TX) 1985-86
Education
University of Virginia Law School, Charlottesville, VA 1987-90
  Juris Doctor awarded 1990. Served on Virginia Law Review as 
        Notes Editor. Published an article in 1989 in the Journal of 
        Law and Politics supporting Justice Scalia's lone dissent in 
        Morrison v. Olson that the independent counsel statute was 
        unconstitutional. Served as Vice President of the Federalist 
        Society.
Carleton College, Northfield, MN 1980-84
  Bachelor of Arts degree in political science; concentration 
        in political economy awarded 1984. Graduated magna cum laude 
        and elected to Phi Beta Kappa society.
Personal
  Married to Kari Davidson, with three children: Madeleine, 
        Sophie and Bjorn.

  President, Washington Tennis and Education Foundation (2009-
        11) when WTEF raised more than $10 million to build a new 
        tennis and educational facility in Washington DC. Member of the 
        Board of Directors (2003 to present).

  Member of the Advisory Board of The Washington Center, a 
        501(c)(3) organization which serves as the largest academic 
        internship program in the country, placing over 1,600 interns 
        from over 500 colleges and universities.

  Member of Board of the Bryce Harlow Foundation, which 
        promotes integrity within the lobbying profession and provides 
        scholarships to graduate students who plan to enter the field 
        of advocacy.

    The Chairman. Thank you, Mr. Davidson.
    Ms. Dunn Kelley.

         STATEMENT OF KAREN DUNN KELLEY, NOMINEE TO BE

            UNDER SECRETARY OF COMMERCE FOR ECONOMIC

              AFFAIRS, U.S. DEPARTMENT OF COMMERCE

    Ms. Dunn Kelley. Good morning. Thank you, Chairman Thune, 
Ranking Member Nelson, and esteemed members of the Senate 
Committee on Commerce, Science, and Transportation.
    Thank you for the chance to meet with you today. And also I 
appreciate meeting many of you over the past weeks to discuss 
this opportunity to serve at the Department of Commerce as 
Under Secretary of Economic Affairs.
    I am deeply honored and humbled to have been asked by 
Secretary Ross and nominated by President Trump to serve the 
American people in this capacity. I have known and worked with 
Secretary Ross for many years. I have the greatest respect and 
admiration for him personally and for his many accomplishments. 
That is why I was particularly honored that he asked me to 
serve. I could not be more thrilled at the prospect.
    I also want to thank my family and friends for their 
support. Today, I am joined by my husband, Joe Kelley, of 31 
years, and our three children: Caitlin, Broderick, and Sean. 
Also joining me today are my parents, Elenmarie Dunn and 
William Dunn, a former Marine who proudly served this country; 
and two of my sisters, Denise and Janine.
    As you know and as you stated, I am from the private sector 
and have given much careful consideration to what it means to 
serve in the Federal Government. Allow me to explain. I want to 
serve for one simple reason: I want to give back to this 
country that has given me so much and to serve my fellow 
Americans.
    I believe I offer unique qualifications for the role which 
I have been selected and nominated, and my willingness to serve 
is compelled by my desire to help make a difference. The chance 
to work with Secretary Ross is very appealing. He is a man that 
can synthesize complex information and distill it into four or 
five salient points. He is trustworthy and has a track record 
of proven success. I am particularly proud of the work we did 
together at Invesco during the 2008 financial crisis.
    As a businesswoman of 35 years in the financial markets, 
and 28 at a large global firm, I know how to manage personnel, 
strategies, budgets, operations, public relations, and thought 
leadership across the globe. In particular, a big part of my 
career as a financial professional has been devoted to using 
and relying on the exact data that the Department creates. I 
respect the data and the Department that produces it.
    The mission of the Economic and Statistics Administration, 
the Bureau of Economic Analysis, and the U.S. Census is to 
serve as the leading source of quality data for the Nation's 
people and its economy. I know how to serve that mandate by 
putting people, processes, and procedures in place to create an 
accurate product. If confirmed, I will work with Secretary Ross 
to turn strategic initiatives into tactical actions in support 
of the President's priorities.
    One of his priorities is the effective and meaningful 
management and oversight of the 2020 Census and the economic 
statistical programs at the Department. A high-quality 2020 
Census that counts everyone once in the place where they live 
is our highest priority. If confirmed, I will work to translate 
that priority into tactical actions to produce an effective, 
efficient, and accurate census while minimizing operational, 
technical, and financial risk.
    Finally, the census, as well as all the other data produced 
by the Department of Commerce, needs to be communicated in a 
transparent and understandable way to help Congress and other 
elected officials fulfill their responsibility to all 
Americans. In me, you will find a partner who will communicate, 
collaborate, and cooperate with you.
    Thank you for the chance to be with you today to discuss 
this important opportunity, to give you an insight and a lens 
into my approach and qualifications. I also want to once again 
thank my family for supporting me in my decision to enter 
public service. If confirmed, I look forward to working with 
you, other Members of Congress, and the many dedicated 
employees at the Department of Commerce. Thank you, and I look 
forward to answering your questions.
    [The prepared statement and biographical information of Ms. 
Dunn Kelley follow:]

Prepared Statement of Karen Dunn Kelley, Nominee to be Under Secretary 
     of Commerce for Economic Affairs, U.S. Department of Commerce
    Good morning Chairman Thune and Ranking Member Nelson and esteemed 
members of the Senate Committee on Commerce, Science, and 
Transportation.
    Thank you for the chance to meet with you today and I appreciate 
meeting so many of you over the past few weeks to discuss this 
opportunity to serve at the Department of Commerce as Under Secretary 
for Economic Affairs. I am deeply honored and humbled to have been 
asked by Secretary Ross, and nominated by President Trump, to serve the 
American people in this capacity.
    I have known and worked with Secretary Ross for many years and have 
the greatest respect and admiration for him personally and for his many 
accomplishments. That is why I was particularly honored to have been 
asked by Wilbur Ross to serve. I could not be more thrilled by this 
prospect. I also want to thank my family and friends for their support. 
Today, I am joined by Dr. Joseph Kelley, my husband of 31 years and our 
three children--Sean, Caitlin, Broderick, and his wife Katie. Also, 
joining me are my parents Elenmarie Dunn and William Dunn, a former 
Marine who proudly served this country, and my three sisters--Denise, 
Janine, and Siobhan.
    As you know, I am from the private sector and have given careful 
consideration to what it means to serve in the Federal government. 
Allow me to explain:
    I want to serve for a simple reason: I want to give back to this 
country that has given me so much and to serve my fellow Americans. I 
believe I offer unique qualifications for the role for which I have 
been selected and nominated, and my willingness to serve is compelled 
by my desire to help make a difference. The chance to work for 
Secretary Ross is also very appealing. He is a man who can synthesize 
complex information and distill it into 4 or 5 salient points. He is 
trustworthy and has a track record of proven success and I am 
particularly proud of the work we did together at Invesco during the 
2008 financial crisis.
    As a business woman for the last 35 years in the financial markets 
and the last 28 at a major global finance firm, I know how to manage 
personnel, strategy, budgets, operations, public relations and thought 
leadership across the globe. In particular, a big part of my career as 
a finance professional has been devoted to using and relying on the 
exact data that the Department produces. I respect that data and the 
institutions that create it.
    The mission of the Economics and Statistics Administration, the 
Bureau of Economic Analysis and the U.S. Census is to serve as the 
leading source of quality data about the Nation's people and economy. I 
know how to serve that mandate by putting the people, process and 
procedures in place to create an accurate product.
    If confirmed, I will work with Secretary Ross to turn strategic 
initiatives into tactical action in support of the President's 
priorities. One of his priorities is effective and meaningful 
management and oversight of the 2020 Census and the economic 
statistical programs at the Department of Commerce.
    A high quality 2020 Census that counts everyone once, in the place 
where they live is our highest priority. If confirmed, I will work to 
translate that priority into tactical action to produce an efficient, 
effective and accurate Census while minimizing operational, technical 
and financial risk. Working with Secretary Ross, I will help create 
partnerships to support the process by bringing together people from 
across the Federal government to support the Department of Commerce's 
mission.
    Finally, the Census as well as all the other data produced by the 
Department of Commerce needs to be communicated in a transparent and 
understandable way to help Congress and other elected officials fulfill 
their responsibility to all Americans. In me you will find a partner 
who will communicate, collaborate and cooperate with you.
    Thank you for the chance to be with you today to discuss this 
important opportunity and to give you a lens into my approach and 
qualifications. I also want to again thank my family for supporting my 
decision to enter public service. If confirmed, I look forward to 
working with you, the other members of Congress, and the many dedicated 
employees of the Department of Commerce.
    Thank you and I look forward to answering your questions.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used):

        Karen Dunn Kelley.

        Karen Marie Dunn (maiden).

        KDK (nickname).

    2. Position to which nominated: Under Secretary of Commerce for 
Economic Affairs.
    3. Date of Nomination: 5/25/2017.
    4. Address (List current place of residence and office addresses):

        Residence: Information not released to the public.
        Office: Invesco, Ltd., Two Peachtree Pointe, 1555 Peachtree 
        Street, NE, Atlanta, GA 30309.

    5. Date and Place of Birth: May 24, 1960; Brooklyn, New York.
    6. Provide the name, position, and place of employment for your 
spouse (if married) and the names and ages of your children (including 
stepchildren and children by a previous marriage).

        Husband: Joseph Leo Kelley, M.D., Director, Gynecologic 
        Division, Oncology Department, Magee-Womens Hospital of UPMC, 
        300 Halket Street, Pittsburgh, PA 15213-3180

        Children: Caitlin Dunn Kelley, 28; Broderick Dunn Kelley, 24.

    7. List all college and graduate degrees. Provide year and school 
attended.

        Degree: Bachelor of Science
        School: Villanova University
        Year: 1982

    8. List all post-undergraduate employment, and highlight all 
management level jobs held and any non-managerial jobs that relate to 
the position for which you are nominated.

        Drexel Burnham Lambert, Inc.
        Vice President, 1982-1986

        Federated Investors, Inc.
        Government Bond Trader, 1986-1989

        Invesco, Ltd.
        Various positions, most recently Senior Managing Director--
        Investments, 1989 to present

    9. Attach a copy of your resume.
    Please see Attachment 1.
    10. List any advisory, consultative, honorary, or other part-time 
service or positions with Federal, State, or local governments, other 
than those listed above, within the last ten years. None.
    11. List all positions held as an officer, director, trustee, 
partner, proprietor, agent, representative, or consultant of any 
corporation, company, firm, partnership, or other business, enterprise, 
educational, or other institution within the last ten years.
    Please see Attachment 2.
    12. Please list each membership you have had during the past ten 
years or currently hold with any civic, social, charitable, 
educational, political, professional, fraternal, benevolent or 
religious organization, private club, or other membership organization. 
Include dates of membership and any positions you have held with any 
organization. Please note whether any such club or organization 
restricts membership on the basis of sex, race, color, religion, 
national origin, age, or handicap.

        Women's Bond Club of New York: Member 2010 to present

        International Women's Forum: Member 2006 to present

        Monmouth Beach Bath and Tennis Club: Member 2004 to present

        Pittsburgh Field Club: Member 1998 to present

        Pittsburgh Athletic Association: Member 1986 to present

        Pittsburgh Golf Club: Member 2004 to present

        St. Joseph Parish: Member 2012 to present

    No such club or organization listed restricts membership on the 
basis of sex, race, color, religion, national origin, age, or handicap.
    13. Have you ever been a candidate for and/or held a public office 
(elected, non-elected, or appointed)? If so, indicate whether any 
campaign has any outstanding debt, the amount, and whether you are 
personally liable for that debt. No.
    14. Itemize all political contributions to any individual, campaign 
organization, political party, political action committee, or similar 
entity of $500 or more for the past ten years. Also list all offices 
you have held with, and services rendered to, a state or national 
political party or election committee during the same period.

------------------------------------------------------------------------
                        Recipient                          Year   Amount
------------------------------------------------------------------------
Jennifer Staley McCrady                                    2016     $500
Invesco PLC PAC                                            2007     $750
Invesco PLC PAC                                            2008     $750
Invesco PLC PAC                                            2009     $750
Invesco PLC PAC                                            2010     $750
Invesco PLC PAC                                            2011     $750
Invesco PLC PAC                                            2012   $1,000
Invesco PLC PAC                                            2014   $1,200
Invesco PLC PAC                                            2015   $1,200
Invesco PLC PAC                                            2016   $1,200
------------------------------------------------------------------------

    15. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements.

        Women's Bond Club of New York--Merit Award 2010

        Magee Womens Research Institute--McCullough Award 2010

        Oakland Catholic High School--Leading Lady Award 2011

        Pittsburgh Business Times--Diamond Award 2012

        Carlow University--Woman of Spirit Award 2012

        Carlow University--Executive in Residence 2012

        Money Management Executive--Top Women in Asset Management 2015

    16. Please list each book, article, column, or publication you have 
authored, individually or with others. Also list any speeches that you 
have given on topics relevant to the position for which you have been 
nominated. Do not attach copies of these publications unless otherwise 
instructed.
    The following list is comprehensive based on my best recollection 
and information I have obtained from other sources that I believe to be 
credible:

        The Perfect Commute, Pittsburgh Post-Gazette (Apr. 24, 2003) 
        (interviewed for article)

        Money Market Industry Refocuses on Safety and Liquidity, GTNews 
        (Jun. 9, 2009)

        Securities and Exchange Commission Securities Lending and Short 
        Sale Roundtable, statement (Sept. 29, 2009)

        Women's Bond Club Merit Award Dinner Speech (April, 2010)

        EFMA IMMFA Money Market Discussion Panel (May 2010)

        Reliable Investment Opportunities, Fox Business (May 29, 2010) 
        (video interview)

        Atlanta Society of Finance and Investment Professionals, 
        Fundamental Changes & Rising Scrutiny of Municipal Bond Market, 
        presentation (Oct. 20, 2010)

        Investment Company Institute, 2011 Money Market Funds Summit 
        ``Money Market Fund Regulatory Changes Post Financial Crisis'' 
        panel discussion (May 16, 2011)

        Investment Insights: Deficits and the Debt Ceiling: Avoiding 
        unintended consequences (July 2011)

        Investment Insights: Deficits and the Debt Ceiling: A U.S. 
        default is averted, but the work is not over (hosted on 
        Citibank site) (Aug. 3, 2011)

        Invesco Insights: After the Downgrade (hosted on Citibank site) 
        (Aug. 9, 2011)

        Carlow University Executive in Residence presentation (Jan. 24, 
        2012)

        Atlanta Federal Reserve Financial Markets Conference: Money 
        Market Fund Panel (April 2012)

        Carlow Women of Spirit Award Speech (April 2012)

        Pittsburgh Business Times Diamond Award Speech (April 2012)

        Karen Dunn Kelley leads Invesco through crises, Pittsburgh 
        Business Times (Apr. 27, 2012) (interviewed for article)

        Money Market Mutual Funds: An Interview with Karen Dunn Kelley, 
        AtlantaFed YouTube (May 29, 2012) (video interview)

        Crane's Money Fund Symposium, ``Going Global: Money Funds 
        Worldwide'' (June 20, 2012)

        Wells Fargo Women's Event: Risk Management and Regulatory 
        Reform Panel (November 2012

        Investment Insights: The Need for Clarity, Invesco.com (Dec. 
        2012)

        Best Places to Work 2014, Pensions & Investments (Dec. 8, 2014) 
        (interviewed for article)

        Karen Dunn Kelley, Top Women In Asset Management Awards Winner, 
        Money Management Executive (May 19, 2015) (interviewed for 
        article)

        Making Sense of Market Volatility, hosted on Advisor 
        Perspectives (Aug. 31, 2015)

        Baron's Top Women Advisor Meeting: Edward Jones Dinner Speech 
        (December 2015)

        Taking a high-conviction approach to volatile markets, Invesco 
        Canada Blog (Jan. 16, 2016)

        Investment Company Institute, 2016 Mutual Funds and Investment 
        Management Conference, ``The Future of the Fund Industry'' 
        panel discussion (Mar. 14, 2016)

        What excites you most about lnvesco's future?, InvescoUS 
        YouTube (May 18, 2016) (video interview)

        Introduction to China series letter, Invesco.com/us (May 20, 
        2016)

        The election ends with a Trump victory. Now the real work 
        starts, Invesco Blog (Nov. 8, 2016)

        A Deal is Done: Washington Raises the Debt Ceiling and Ends the 
        Shutdown, Invesco blog post (date unknown)

    17. Please identify each instance in which you have testified 
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each 
testimony. None.
    18. Given the current mission, major programs, and major 
operational objectives of the department/agency to which you have been 
nominated, what in your background or employment experience do you 
believe affirmatively qualifies you for appointment to the position for 
which you have been nominated, and why do you wish to serve in that 
position?
    Over the last 35 years, I have served in a variety of leadership 
positions with a global firm. At Invesco, I have overseen the work of 
thousands of employees and have been responsible for hundreds of 
billions of dollars in assets under management. My responsibilities 
have given me experience with all aspects of leading a large 
organization, including personnel management, budgeting, strategic 
planning, operations, public relations, and thought leadership. In 
connection with this work, I have participated in creating successful 
businesses as well as capital formation and economic development. I 
have had extensive exposure to various important sectors of the U.S. 
and world economies and have traveled domestically and internationally 
dozens of times to conduct business and meet with partners. I am 
particularly proud of my contributions during the recent financial 
crisis. I have also been involved with a variety of Civic and nonprofit 
organizations.
    I would be humbled and honored to serve America as Under Secretary. 
I believe I can bring my 35 years of experience to help support and 
implement the Department's programs.
    19. What do you believe are your responsibilities, if confirmed, to 
ensure that the department/agency has proper management and accounting 
controls, and what experience do you have in managing a large 
organization?
    As the Economics and Statistics Administration is responsible for 
collecting, compiling, and analyzing key data for use across the 
country and globally, the need for strong technology, processes, 
people, and procedures is paramount. In particular, an ability to 
translate strategic priorities into tactical actions, and accurately 
communicate those strategies and actions, is critical to leadership of 
the ESA. Again, my management history of 35 years, and in particular my 
experience as a senior executive with responsibility over a variety of 
key functions for a global firm, will enable me to fulfill these 
responsibilities.
    20. What do you believe to be the top three challenges facing the 
department/agency, and why?
    The top three challenges for the ESA are:

   Preparing for and executing an efficient, effective, and 
        accurate 2020 Census

   Integrating technology to enhance efficiencies and data 
        analysis

   Continuing to provide responsive and helpful information to 
        Congressional Committees as necessary

                   b. potential conflicts of interest
    1. Describe all financial arrangements, deferred compensation 
agreements, and other continuing dealings with business associates, 
clients, or customers. Please include information related to retirement 
accounts.
    I have a deferred compensation agreement and a separation agreement 
with Invesco. All such arrangements are described in Part 3 of my 278e 
financial disclosure, as well as in the ethics letter I signed dated 
May 16, 2017.
    2. Do you have any commitments or agreements, formal or informal, 
to maintain employment, affiliation, or practice with any business, 
association or other organization during your appointment? If so, 
please explain. No.
    3. Indicate any investments, obligations, liabilities, or other 
relationships which could involve potential conflicts of interest in 
the position to which you have been nominated.
    I have worked with the Office of Government Ethics and the 
Department of Commerce's ethics officials to identify and address any 
potential conflicts of interest. All such conflicts will be resolved in 
accordance with the terms of the ethics letter I signed dated May 16, 
2017. I am not aware of any potential conflicts of interest other than 
those that are addressed in my ethics letter.
    4. Describe any business relationship, dealing, or financial 
transaction which you have had during the last ten years, whether for 
yourself, on behalf of a client, or acting as an agent, that could in 
any way constitute or result in a possible conflict of interest in the 
position to which you have been nominated.
    I have worked with the Office of Government Ethics and the 
Department of Commerce's ethics officials to identify and address any 
potential conflicts of interest. All such conflicts will be resolved in 
accordance with the terms of the ethics letter I signed dated May 16, 
2017. I am not aware of any potential conflicts of interest other than 
those that are addressed in my ethics letter.
    5. Describe any activity during the past ten years in which you 
have been engaged for the purpose of directly or indirectly influencing 
the passage, defeat, or modification of any legislation or affecting 
the administration and execution of law or public policy. None.
    6. Explain how you will resolve any potential conflict of interest, 
including any that may be disclosed by your responses to the above 
items.
    I have worked with the Office of Government Ethics and the 
Department of Commerce's ethics officials to identify and address any 
potential conflicts of interest. All such conflicts will be resolved in 
accordance with the terms of the ethics letter I signed dated May 16, 
2017. I am not aware of any potential conflicts of interest other than 
those that are addressed in my ethics letter.
                            c. legal matters
    1. Have you ever been disciplined or cited for a breach of ethics, 
professional misconduct, or retaliation by, or been the subject of a 
complaint to, any court, administrative agency, the Office of Special 
Counsel, professional association, disciplinary committee, or other 
professional group? If yes:

  a.  Provide the name of agency, association, committee, or group;

  b.  Provide the date the citation, disciplinary action, complaint, or 
        personnel action was issued or initiated;

  c.  Describe the citation, disciplinary action, complaint, or 
        personnel action;

  d.  Provide the results of the citation, disciplinary action, 
        complaint, or personnel action.

    No
    2. Have you ever been investigated, arrested, charged, or held by 
any Federal, State, or other law enforcement authority of any Federal, 
State, county, or municipal entity, other than for a minor traffic 
offense? If so, please explain. No.
    3. Have you or any business or nonprofit of which you are or were 
an officer ever been involved as a party in an administrative agency 
proceeding, criminal proceeding, or civil litigation? If so, please 
explain.
    I have been an executive at Invesco Ltd., a global firm, and 
affiliated companies for several decades, and have also been involved 
in a variety of not for profit organizations. These institutions have 
been parties to litigation and proceedings. The only instance in which 
I was personally involved in any such matter was in civil litigation 
arising out of the departure of certain investment employees from 
Invesco to join a competitor in 2007. I was a witness in this 
litigation.
    4. Have you ever been convicted (including pleas of guilty or nolo 
contendere) of any criminal violation other than a minor traffic 
offense? If so, please explain. No.
    5. Have you ever been accused, formally or informally, of sexual 
harassment or discrimination on the basis of sex, race, religion, or 
any other basis? If so, please explain. No.
    6. Please advise the Committee of any additional information, 
favorable or unfavorable, which you feel should be disclosed in 
connection with your nomination. No.
                     d. relationship with committee
    1. Will you ensure that your department/agency complies with 
deadlines for information set by congressional committees? Yes.
    2. Will you ensure that your department/agency does whatever it can 
to protect congressional witnesses and whistle blowers from reprisal 
for their testimony and disclosures? Yes.
    3. Will you cooperate in providing the Committee with requested 
witnesses, including technical experts and career employees, with 
firsthand knowledge of matters of interest to the Committee? Yes.
    4. Are you willing to appear and testify before any duly 
constituted committee of the Congress on such occasions as you may be 
reasonably requested to do so? Yes.
                                 ______
                                 
                      Resume of Karen Dunn Kelley
Education
Villanova University, Villanova, PA
Bachelor of Science--Business Administration: Finance, May 1982
Graduated Magna Cum Laude, Member of Phi Kappa Phi, Awarded Medal of 
Excellence in Finance
Experience
Invesco Ltd. and affiliates, Atlanta, GA
Senior Managing Director, Investments (current position) 1989 to 
Current
Have been responsible for global trading, global performance and risk 
management, product development, the investment platform, and the 
fundamental equities, global asset allocation, quantitative strategies, 
global equities, solutions, factor investing businesses. Have held the 
following roles:

   Co-Chair of the Investors' Forum

   Chair of the Invesco Product Development Committee

   Chair of the Office of Investments

   Director, Co-President, Co-CEO, and Co-Chairman of Invesco 
        Advisors, Inc.

   Director of Invesco Mortgage Capital Inc.

   Member of Invesco's Worldwide Institutional Strategy 
        Committee

   Member of Performance and Risk Committee

   Member of Corporate Risk Management Committee

   Founding Member of the Invesco Women's Network

   Key Previous Roles: See attached Positions Held Report

Federated Investors, Inc. Pittsburgh, PA
Government Bond Trader 1986-1989

   Supervised Trading Support Personnel

Drexel Burnham Lambert, Inc. New York, NY
Vice President 1982-1986

   Assistant Manager of Retail Fixed Income High Yield Desk
Certifications
Current Financial Industry Regulatory Authority (FINRA) Licenses: 
Series 24, 7, and 63
Harvard Business School: Making Corporate Boards More Effective Program 
(Nov 2015)
Current Board Positions and Memberships
Magee-Womens Research Institute: Board Member--Finance Committee (2009)
Carlow University: Trustee Member and Board of Trustee Emerita (2005)
Shady Side Academy: Board Member--Executive Committee, Chair of Audit 
Committee (2014)
Fox Chapel Country Day School: Trustee Emerita (2008)
Women's Bond Club of New York: Member (2010)
International Women's Forum (2006)
                                 ______
                                 
                              Attachment 1

----------------------------------------------------------------------------------------------------------------
                       Name                                      Position                   From          To
----------------------------------------------------------------------------------------------------------------
Invesco Mortgage Capital Inc.                      Director                                6/5/2008      present
----------------------------------------------------------------------------------------------------------------
Invesco Distributors, Inc.                         Executive Vice President               9/20/2001      present
----------------------------------------------------------------------------------------------------------------
Invesco Ltd.                                       Senior Managing Director               5/30/2011      present
----------------------------------------------------------------------------------------------------------------
Invesco Global Asset Management DAC                Director                               12/6/2011     6/7/2013
----------------------------------------------------------------------------------------------------------------
INVESCO Management S.A.                            Director                               7/18/2012     6/7/2013
----------------------------------------------------------------------------------------------------------------
Invesco Aim Advisors, Inc. (Merged 12/31/2009)     Vice President                         1/26/1990    2/28/2007
----------------------------------------------------------------------------------------------------------------
                                                   Director of Cash Management            2/28/2007   12/31/2009
                                                  --------------------------------------------------------------
                                                   Senior Vice President                  2/28/2007   12/31/2009
----------------------------------------------------------------------------------------------------------------
Invesco Aim Capital Management, Inc. (Merged 12/   Chief Cash Management Officer           1/2/2002    2/28/2007
 31/2009)
----------------------------------------------------------------------------------------------------------------
                                                   Managing Director                       1/2/2002    2/28/2007
                                                  --------------------------------------------------------------
                                                   Senior Portfolio Manager                1/2/2002    2/28/2007
                                                  --------------------------------------------------------------
                                                   Director of Cash Management             1/1/2004   12/31/2009
                                                  --------------------------------------------------------------
                                                   Senior Vice President                  2/28/2007   12/31/2009
----------------------------------------------------------------------------------------------------------------
AIM Core Allocation Portfolio Series               Vice President                         6/29/2005   10/21/2009
----------------------------------------------------------------------------------------------------------------
AIM Combination Stock & Bond Funds (DE)            Vice President                         11/5/2003    7/30/2007
----------------------------------------------------------------------------------------------------------------
AIM Counselor Series Trust (Invesco Counselor      Vice President                         11/5/2003    3/29/2016
 Series Trust)
----------------------------------------------------------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
AIM Equity Funds (Invesco Equity Funds)            Vice President                         3/12/2004    3/29/2016
                                                  --------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
AIM Funds Group (Invesco Funds Group)              Vice President                         9/11/1993    3/29/2016
                                                  --------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco Management Company Limited                 Director                              12/29/2000     1/3/2012
----------------------------------------------------------------------------------------------------------------
AIM Global Ventures Co. Sec                        Vice President                          1/6/1995    11/2/2007
----------------------------------------------------------------------------------------------------------------
AIM Growth Series (Invesco Growth Series)          Vice President                         3/12/2004    3/29/2016
----------------------------------------------------------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
AIM Investment Funds (Invesco Investment Funds)    Vice President                         3/12/2004    3/29/2016
----------------------------------------------------------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
AIM International Mutual Funds (Invesco            Vice President                         3/12/2004    3/29/2016
 International Mutual Funds)
----------------------------------------------------------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
AIM Investment Securities Funds (Invesco           Vice President                         9/11/1993    3/29/2016
 Investment Securities Funds)
----------------------------------------------------------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco Management Group, Inc.                     Senior Vice President                  9/12/2007     3/1/2017
----------------------------------------------------------------------------------------------------------------
                                                   Senior Vice President                  2/28/2007   12/31/2009
                                                  --------------------------------------------------------------
                                                   Director of Cash Management            2/28/2007   12/31/2009
----------------------------------------------------------------------------------------------------------------
AIM Sector Funds (Invesco Sector Funds)            Vice President                         11/5/2003    3/29/2016
----------------------------------------------------------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
AIM Special Opportunities Funds                    Vice President                         3/12/2004   11/25/2008
----------------------------------------------------------------------------------------------------------------
AIM Select Real Estate Income Fund                 Vice President                         9/26/2002    10/9/2008
----------------------------------------------------------------------------------------------------------------
AIM Stock Funds (DE)                               Vice President                         11/5/2003    6/23/2010
----------------------------------------------------------------------------------------------------------------
AIM Summit Fund (DE)                               Vice President                         3/14/2004    6/23/2010
----------------------------------------------------------------------------------------------------------------
AIM Tax-Exempt Funds (Invesco Tax-Exempt Funds)    Vice President                         12/8/1999    3/29/2016
----------------------------------------------------------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
AIM Variable Insurance Funds (Invesco Variable     Vice President                         12/8/1999    3/29/2016
 Insurance Funds)
----------------------------------------------------------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
AIM Treasurer's Series Trust (Invesco Treasurer's  Vice President                         11/5/2003    9/19/2006
 Series Trust)
                                                  --------------------------------------------------------------
                                                   Principal Executive Officer            9/20/2006    3/29/2016
                                                  --------------------------------------------------------------
                                                   President                              9/20/2006    3/29/2016
                                                  --------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Fund Management Company (Consolidated into         Director                               9/20/2001    12/7/2007
 Invesco Aim Distributors, Inc. on 12/07/2007)
----------------------------------------------------------------------------------------------------------------
                                                   President                              9/30/2001    12/7/2007
----------------------------------------------------------------------------------------------------------------
Fund Management Company                            Director                               9/20/2001    12/7/2007
----------------------------------------------------------------------------------------------------------------
                                                   President                              9/30/2001    12/7/2007
----------------------------------------------------------------------------------------------------------------
Invesco Advisers, Inc.                             Vice President                         1/26/1990   12/31/2009
                                                  --------------------------------------------------------------
                                                   Senior Vice President                 12/31/2009     3/7/2013
                                                  --------------------------------------------------------------
                                                   Director                                3/7/2013     3/1/2017
                                                  --------------------------------------------------------------
                                                   Co-Chief Executive Officer              3/7/2013     3/1/2017
                                                  --------------------------------------------------------------
                                                   Co-Chairman                             3/7/2013     3/1/2017
                                                  --------------------------------------------------------------
                                                   Co-President                            3/7/2013     3/1/2017
----------------------------------------------------------------------------------------------------------------
INVESCO Asset Management (Bermuda) Ltd.            Director                               3/11/2013   11/11/2014
----------------------------------------------------------------------------------------------------------------
                                                   President                              3/11/2013   11/11/2014
----------------------------------------------------------------------------------------------------------------
Invesco Aim Advisors, Inc. Sec                     Vice President                         1/26/1990    2/28/2007
----------------------------------------------------------------------------------------------------------------
                                                   Senior Vice President                  2/28/2007   12/31/2009
                                                  --------------------------------------------------------------
                                                   Director of Cash Management            2/28/2007   12/31/2009
----------------------------------------------------------------------------------------------------------------
Invesco Aim Private Asset Management, Inc. Sec     Senior Vice President                  2/28/2007   12/31/2009
                                                  --------------------------------------------------------------
                                                   Director of Cash Management            2/28/2007   12/31/2009
----------------------------------------------------------------------------------------------------------------
Invesco Bond Fund                                  Vice President                          6/1/2010    3/29/2016
----------------------------------------------------------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco Cayman Commodity VI Ltd.                   Vice President                         9/14/2012    6/10/2016
----------------------------------------------------------------------------------------------------------------
                                                   Senior Vice President                  6/10/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco Cayman Commodity V Ltd.                    Vice President                         9/14/2012    6/10/2016
----------------------------------------------------------------------------------------------------------------
                                                   Senior Vice President                  6/10/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco California Municipal Income Trust          Vice President                          6/1/2010    8/27/2012
----------------------------------------------------------------------------------------------------------------
Invesco California Municipal Securities            Vice President                          6/1/2010    8/27/2012
----------------------------------------------------------------------------------------------------------------
Invesco California Quality Municipal Securities    Vice President                          6/1/2010    8/27/2012
----------------------------------------------------------------------------------------------------------------
Invesco Dynamic Credit Opportunities Fund          Vice President                          6/1/2010    3/29/2016
----------------------------------------------------------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco Exchange Fund                              Vice President                          6/1/2010    3/29/2016
----------------------------------------------------------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco High Income Trust II                       Vice President                         8/27/2012    3/29/2016
                                                  --------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco Management Trust                           Principal Executive Officer            3/26/2014    3/29/2016
----------------------------------------------------------------------------------------------------------------
                                                   President                              3/26/2014    3/29/2016
                                                  --------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco Municipal Income Opportunities Trust       Vice President                          6/1/2010    3/29/2016
----------------------------------------------------------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco Municipal Trust                            Vice President                        10/15/2012    3/29/2016
                                                  --------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco Municipal Opportunity Trust                Vice President                        10/15/2012    3/29/2016
                                                  --------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco Municipal Premium Income Trust             Vice President                        10/15/2012   10/15/2012
----------------------------------------------------------------------------------------------------------------
Invesco Municipal Premium Income Trust             Vice President                          6/1/2010   10/15/2012
----------------------------------------------------------------------------------------------------------------
Invesco Multi-Asset Income Cayman Ltd.             Vice President                        12/23/2015    6/10/2016
                                                  --------------------------------------------------------------
                                                   Senior Vice President                  6/10/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco Prime Income Trust                         Vice President                          6/1/2010   12/19/2011
----------------------------------------------------------------------------------------------------------------
Invesco Quality Municipal Income Trust             Vice President                        10/15/2012    3/29/2016
                                                  --------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco Quality Municipal Investment Trust         Vice President                          6/1/2010   10/15/2012
----------------------------------------------------------------------------------------------------------------
Invesco Quality Municipal Investment Trust         Vice President                        10/15/2012   10/15/2012
----------------------------------------------------------------------------------------------------------------
Invesco Quality Municipal Income Trust             Vice President                          6/1/2010   10/15/2012
----------------------------------------------------------------------------------------------------------------
Invesco Quality Municipal Securities               Vice President                        10/15/2012   10/15/2012
----------------------------------------------------------------------------------------------------------------
Invesco Quality Municipal Securities               Vice President                          6/1/2010   10/15/2012
----------------------------------------------------------------------------------------------------------------
Invesco Aim Capital Management, Inc. Sec           Managing Director                       1/2/2002    2/28/2007
                                                  --------------------------------------------------------------
                                                   Chief Cash Management Officer           1/2/2002    2/28/2007
                                                  --------------------------------------------------------------
                                                   Senior Portfolio Manager                1/2/2002    2/28/2007
                                                  --------------------------------------------------------------
                                                   Director of Cash Management             1/1/2004   12/31/2009
                                                  --------------------------------------------------------------
                                                   Senior Vice President                  2/28/2007   12/31/2009
----------------------------------------------------------------------------------------------------------------
Invesco Advantage Municipal Income Trust II        Vice President                         8/27/2012    3/29/2016
                                                  --------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco Cayman Commodity Fund II Ltd.              Vice President                          6/1/2010    8/14/2012
----------------------------------------------------------------------------------------------------------------
Invesco Cayman Commodity Fund III Ltd.             Vice President                         8/19/2010    6/10/2016
                                                  --------------------------------------------------------------
                                                   Senior Vice President                  6/10/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco Cayman Commodity Fund IV Ltd.              Vice President                        12/20/2010    6/10/2016
                                                  --------------------------------------------------------------
                                                   Senior Vice President                  6/10/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco Cayman Commodity Fund I Ltd.               Vice President                         3/26/2009    6/10/2016
                                                  --------------------------------------------------------------
                                                   Senior Vice President                  6/10/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco Cayman Commodity Fund VII Ltd.             Vice President                        10/29/2013    6/10/2016
                                                  --------------------------------------------------------------
                                                   Senior Vice President                  6/10/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco California Value Municipal Income Trust    Vice President                         8/27/2012    3/29/2016
                                                  --------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco Securities Trust                           Vice President                         8/20/2012    3/29/2016
                                                  --------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco Senior Income Trust                        Vice President                         8/27/2012    3/29/2016
                                                  --------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco Senior Loan Fund                           Vice President                        10/15/2012    3/29/2016
                                                  --------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco Emerging Markets Flexible Bond Cayman      Vice President                        12/23/2015    6/10/2016
 Ltd.
                                                  --------------------------------------------------------------
                                                   Senior Vice President                  6/10/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco High Income 2023 Target Term Fund          Senior Vice President                 10/14/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco High Yield Investments Funds, Inc.         Vice President                          6/1/2010    8/27/2012
----------------------------------------------------------------------------------------------------------------
Invesco Municipal Income Opportunities Trust III   Vice President                          6/1/2010    8/27/2012
----------------------------------------------------------------------------------------------------------------
Invesco Municipal Income Opportunities Trust II    Vice President                          6/1/2010    8/27/2012
----------------------------------------------------------------------------------------------------------------
Invesco New York Quality Municipal Securities      Vice President                          6/1/2010    8/27/2012
----------------------------------------------------------------------------------------------------------------
Invesco Pennsylvania Value Municipal Income Trust  Vice President                         8/27/2012    3/29/2016
                                                  --------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco Trust for Investment Grade Municipals      Vice President                         8/27/2012    3/29/2016
                                                  --------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco Total Property Market Income Fund          Vice President                         9/14/2011    3/29/2016
                                                  --------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco Van Kampen Municipal Opportunity Trust     Vice President                          6/1/2010   10/15/2012
----------------------------------------------------------------------------------------------------------------
Invesco Van Kampen Senior Income Trust             Vice President                          6/1/2010    8/28/2012
----------------------------------------------------------------------------------------------------------------
Invesco Van Kampen Senior Loan Fund                Vice President                          6/1/2010   10/15/2012
----------------------------------------------------------------------------------------------------------------
INVESCO Variable Investment Funds, Inc.            Vice President                         11/5/2003   12/19/2005
----------------------------------------------------------------------------------------------------------------
Invesco Van Kampen Municipal Trust                 Vice President                          6/1/2010   10/15/2012
----------------------------------------------------------------------------------------------------------------
Invesco Value Municipal Bond Trust                 Vice President                        10/15/2012   10/15/2012
----------------------------------------------------------------------------------------------------------------
Invesco Value Municipal Bond Trust                 Vice President                          6/1/2010   10/15/2012
----------------------------------------------------------------------------------------------------------------
Invesco Value Municipal Income Trust               Vice President                        10/15/2012    3/29/2016
                                                  --------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco Value Municipal Income Trust               Vice President                          6/1/2010   10/15/2012
----------------------------------------------------------------------------------------------------------------
Invesco Value Municipal Securities                 Vice President                        10/15/2012   10/15/2012
----------------------------------------------------------------------------------------------------------------
Invesco Value Municipal Securities                 Vice President                          6/1/2010   10/15/2012
----------------------------------------------------------------------------------------------------------------
Invesco Value Municipal Trust                      Vice President                        10/15/2012   10/15/2012
----------------------------------------------------------------------------------------------------------------
Invesco Value Municipal Trust                      Vice President                          6/1/2010   10/15/2012
----------------------------------------------------------------------------------------------------------------
Invesco Van Kampen High Income Trust II            Vice President                          6/1/2010    8/28/2012
----------------------------------------------------------------------------------------------------------------
Invesco Van Kampen Ohio Quality Municipal Trust    Vice President                        10/15/2012   10/15/2012
----------------------------------------------------------------------------------------------------------------
Invesco Van Kampen Ohio Quality Municipal Trust    Vice President                          6/1/2010   10/15/2012
----------------------------------------------------------------------------------------------------------------
Invesco Van Kampen Select Sector Municipal Trust   Vice President                        10/15/2012   10/15/2012
----------------------------------------------------------------------------------------------------------------
Invesco Van Kampen Select Sector Municipal Trust   Vice President                          6/1/2010   10/15/2012
----------------------------------------------------------------------------------------------------------------
Invesco Van Kampen Trust for Value Municipals      Vice President                        10/15/2012   10/15/2012
----------------------------------------------------------------------------------------------------------------
Invesco Van Kampen Trust for Value Municipals      Vice President                          6/1/2010   10/15/2012
----------------------------------------------------------------------------------------------------------------
Invesco Trust for Investment Grade New York        Vice President                         8/27/2012    3/29/2016
 Municipals
                                                  --------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco Van Kampen Advantage Municipal Income      Vice President                          6/1/2010    8/28/2012
 Trust II
----------------------------------------------------------------------------------------------------------------
Invesco Van Kampen California Value Municipal      Vice President                          6/1/2010    8/28/2012
 Income Trust
----------------------------------------------------------------------------------------------------------------
Invesco Van Kampen Massachusetts Value Municipal   Vice President                        10/15/2012   10/15/2012
 Income Trust
----------------------------------------------------------------------------------------------------------------
Invesco Van Kampen Massachusetts Value Municipal   Vice President                          6/1/2010   10/15/2012
 Income Trust
----------------------------------------------------------------------------------------------------------------
Invesco Van Kampen Pennsylvania Value Municipal    Vice President                          6/1/2010    8/28/2012
 Income Trust
----------------------------------------------------------------------------------------------------------------
Invesco Van Kampen Trust for Investment Grade      Vice President                          6/1/2010    8/28/2012
 Municipals
----------------------------------------------------------------------------------------------------------------
Invesco Senior Secured Management, Inc.            Chairman                                3/7/2013     3/1/2017
                                                  --------------------------------------------------------------
                                                   Director                                3/7/2013     3/7/2013
                                                  --------------------------------------------------------------
                                                   Director                                3/7/2013     3/1/2017
----------------------------------------------------------------------------------------------------------------
Invesco Van Kampen Trust for Investment Grade New  Vice President                        10/15/2012   10/15/2012
 Jersey Municipals
----------------------------------------------------------------------------------------------------------------
Invesco Van Kampen Trust for Investment Grade New  Vice President                          6/1/2010   10/15/2012
 Jersey Municipals
----------------------------------------------------------------------------------------------------------------
Invesco Van Kampen Trust for Investment Grade New  Vice President                          6/1/2010    8/28/2012
 York Municipals
----------------------------------------------------------------------------------------------------------------
Invesco Holding Company Limited                    Executive Management Committee         1/29/2004    12/4/2007
----------------------------------------------------------------------------------------------------------------
Short-Term Investments Trust                       Vice President                         9/11/1993    9/20/2006
                                                  --------------------------------------------------------------
                                                   Principal Executive Officer            9/20/2006    3/29/2016
                                                  --------------------------------------------------------------
                                                   President                              9/20/2006    3/29/2016
                                                  --------------------------------------------------------------
                                                   Senior Vice President                  3/29/2016     3/1/2017
----------------------------------------------------------------------------------------------------------------
Tax-Free Investments Trust (DE)                    Principal Executive Officer            9/20/2006   10/21/2010
                                                  --------------------------------------------------------------
                                                   President                              9/20/2006   10/21/2010
----------------------------------------------------------------------------------------------------------------
Van Kampen Investments Inc. Sec                    Senior Vice President                   6/1/2010    5/31/2011
----------------------------------------------------------------------------------------------------------------
Short-Term Investments Company (Global Series)     Director                                1/9/2000     9/7/2016
 plc
----------------------------------------------------------------------------------------------------------------
Invesco Funds                                      Director                               7/18/2012   10/13/2016
----------------------------------------------------------------------------------------------------------------
PowerShares Global Funds Ireland plc               Director                               2/17/2014     9/5/2016
----------------------------------------------------------------------------------------------------------------
Invesco India (Mauritius) Limited                  Director                               7/15/2015   10/13/2016
----------------------------------------------------------------------------------------------------------------
Invesco India (Mauritius) II Limited               Director                              12/30/2015   10/13/2016
----------------------------------------------------------------------------------------------------------------
Van Kampen Investments Inc.                        Senior Vice President                   6/1/2010    6/28/2011
----------------------------------------------------------------------------------------------------------------
Magee-Womens Research Institute                    Board member                                2009      present
----------------------------------------------------------------------------------------------------------------
Carlow University                                  Trustee and trustee emerita                 2005      present
----------------------------------------------------------------------------------------------------------------
Shady Side Academy                                 Board member, member of executive           2014      present
                                                    committee and chair or audit
                                                    committee
----------------------------------------------------------------------------------------------------------------
Fox Chapel Country Day School                      Trustee emerita                             2008      present
----------------------------------------------------------------------------------------------------------------

                                 ______
                                 

                                                             Kelley, Karen Dunn Attachment 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
           Organization Name                       City, State                Organization  Type             Position Held             From        To
--------------------------------------------------------------------------------------------------------------------------------------------------------
Invesco Ltd.                            Atlanta, Georgia                                          CorporaSenior Managing Director      May-11     Aug-17
Carlow University                       Pittsburgh, Pennsylvania                       University/CollegeTrustee/ Trustee Emerita      Jul-05     Jun-17
Shady Side Academy                      Pittsburgh, Pennsylvania                        Day School                        Trustee      Apr-14     Jun-17
Magee-Womens Research Institute         Pittsburgh, Pennsylvania                        Non-Profit                        Trustee      Jul-09     Jun-17
Invesco Mortgage Capital Inc.           Atlanta, Georgia                                          Corporation            Director      Jun-08     Aug-17
Invesco Distributors, Inc.              Atlanta, Georgia                                          CorporaExecutive Vice President      Sep-01     Aug-17
Invesco Advisers, Inc.                  Atlanta, Georgia                                          Corporation          Director, Co-PreJan-90, Co-Mar-17
                                                                                                                                 CEO, Co-Chairman
Invesco Senior Secured Management, Inc  New York, New York                                        Corporation                    ChairmMar-13 DireMar-17
Short-Term Investments Company (Global  Dublin, Outside U.S.                                      Corporation            Director      Dec-00     Sep-16
 Series) plc
Invesco Funds                           Luxembourg, Outside U.S.                                  Corporation            Director      Jul-12     Oct-16
PowerShares Global Funds Ireland plc    Dublin, Outside U.S.                                      Corporation            Director      Feb-14     Sep-16
Invesco India (Mauritius) Limited       Mauritius, Outside U.S.                                   Corporation            Director      Jul-15     Oct-16
Invesco India (Mauritius) II Limited    Mauritius, Outside U.S.                                   Corporation            Director      Dec-15     Oct-16
AIM Counselor Series Trust (Invesco     Houston, Texas                                            CorporatioSenior Vice President      Nov-03     Mar-16
 Counselor Series Trust)
AIM Equity Funds (Invesco Equity        Houston, Texas                                            CorporatioSenior Vice President      Mar-04     Mar-17
 Funds)
AIM Funds Group (Invesco Funds Group)   Houston, Texas                                            CorporatioSenior Vice President      Sep-93     Mar-17
AIM Growth Series (Invesco Growth       Houston, Texas                                            CorporatioSenior Vice President      Mar-04     Mar-17
 Series)
AIM Investment Funds (Invesco           Houston, Texas                                            CorporatioSenior Vice President      Mar-04     Mar-17
 Investment Funds)
AIM International Mutual Funds          Houston, Texas                                            CorporatioSenior Vice President      Mar-04     Mar-17
 (Invesco International Mutual Funds)
AIM Investment Securities Funds         Houston, Texas                                            CorporatioSenior Vice President      Sep-93     Mar-17
 (Invesco Investment Securities Funds)
Invesco Management Group, Inc           Houston, Texas                                            CorporatioSenior Vice President      Sep-07     Mar-17
AIM Sector Funds (Invesco Sector        Houston, Texas                                            CorporatioSenior Vice President      Nov-03     Mar-17
 Funds)
AIM Tax Exempt Funds (Invesco Tax       Houston, Texas                                            CorporatioSenior Vice President      Dec-99     Mar-17
 Exempt Funds)
AIM Treasures Series Trust (Invesco     Houston, Texas                                            CorporatiSenior Vice President,      Nov-03     Mar-17
 Treasures Series Trust)                                                                                                President
AIM Variable Insurance Funds (Invesco   Houston, Texas                                            CorporatioSenior Vice President      Dec-99     Mar-17
 Variable Insurance Funds)
Invesco Bond Fund                       Atlanta, Georgia                                          CorporatioSenior Vice President      Jun-10     Mar-17
Invesco Cayman Commodity V Ltd          Cayman Islands, Outside U.S.                              CorporatioSenior Vice President      Sep-12     Mar-17
Invesco Dynamic Credit Opportunities    Atlanta, Georgia                                          CorporatioSenior Vice President      Jun-10     Mar-17
 Fund
Invesco Exchange Fund                   Houston, Texas                                            CorporatioSenior Vice President      Jun-10     Mar-17
Invesco High Income Trust II            Atlanta, Georgia                                          CorporatioSenior Vice President      Aug-12     Mar-17
Invesco Municipal Income Opportunities  Atlanta, Georgia                                          CorporatioSenior Vice President      Jun-10     Mar-17
 Trust
Invesco Municipal Trust                 Atlanta, Georgia                                          CorporatioSenior Vice President      Oct-12     Mar-17
Invesco Municipal Opportunity Trust     Atlanta, Georgia                                          CorporatioSenior Vice President      Oct-12     Mar-17
Invesco Multi-Asset Income Cayman Ltd   Cayman Island, Outside U.S.                               CorporatioSenior Vice President      Dec-15     Mar-17
Invesco Quality Municipal Income Trust  Atlanta, Georgia                                          CorporatioSenior Vice President      Oct-12     Mar-17
Invesco Advantage Municipal Income      Atlanta, Georgia                                          CorporatioSenior Vice President      Aug-12     Mar-17
 Trust II
Invesco Cayman Commodity Fund III Ltd   Cayman Island, Outside U.S.                               CorporatioSenior Vice President      Aug-10     Mar-17
Invesco Cayman Commodity Fund IV Ltd    Cayman Islands, Outside U.S.                              CorporatioSenior Vice President      Dec-10     Mar-17
Invesco Cayman Commodity Fund I Ltd     Cayman Island, Outside U.S.                               CorporatioSenior Vice President      Mar-09     Mar-17
Invesco Cayman Commodity Fund VII Ltd   Cayman Island, Outside U.S.                               CorporatioSenior Vice President      Oct-13     Mar-17
Invesco California Value Municipal      Atlanta, Georgia                                          CorporatioSenior Vice President      Aug-12     Mar-17
 Income Trust
Invesco Securities Trust                Houston, Texas                                            CorporatioSenior Vice President      Aug-12     Mar-17
Invesco Senior Income Trust             Atlanta, Georgia                                          CorporatioSenior Vice President      Aug-12     Mar-17
Invesco Senior Loan Fund                Atlanta, Georgia                                          CorporatioSenior Vice President      Oct-12     Mar-17
Invesco Emerging Markets Flexible       Cayman Island, Outside U.S.                               CorporatioSenior Vice President      Dec-15     Mar-17
 Bond, Cayman Ltd
Invesco High Income 2023 Target Term    Atlanta, Georgia                                          CorporatioSenior Vice President      Oct-16     Mar-17
 Fund
Invesco Pennsylvania Value Municipal    Atlanta, Georgia                                          CorporatioSenior Vice President      Aug-12     Mar-17
 Income Trust
Invesco Trust for Investment Grade      Atlanta, Georgia                                          CorporatioSenior Vice President      Aug-12     Mar-17
 Municipals
Invesco Total Property Market Income    Atlanta, Georgia                                          CorporatioSenior Vice President      Sep-11     Mar-17
 Fund
Invesco Value Municipal Income Trust    Atlanta, Georgia                                          CorporatioSenior Vice President      Oct-12     Mar-17
Invesco Trust for Investment Grade New  Atlanta, Georgia                                          CorporatioSenior Vice President      Aug-12     Mar-17
 York Municipals
Short-Term Investment Trust             Houston, Texas                                            CorporatioSenior Vice President      Sep-93     Mar-17
Invesco Cayman Commodity VI Ltd         Cayman Islands, Outside U.S.                              CorporatioSenior Vice President      Sep-12     Mar-17
Invesco Management Trust                Houston, Texas                                            CorporatioSenior Vice President      Mar-14     Mar-17
Family Trust #1                         Pittsburgh, Pennsylvania                             Trust                        Trustee      Feb-95     Jun-17
Family Friend Trust #1                  Houston, Texas                                       Trust                        Trustee      Jul-06     Jun-17
Family Trust #2                         Philadelphia, Pennsylvania                           Trust                        Trustee      Feb-12     Jun-17
--------------------------------------------------------------------------------------------------------------------------------------------------------


    The Chairman. Thank you, Ms. Dunn Kelley.
    And again I want to say thank you. I know you've all 
recognized members of your families who are here today, and 
just convey to them how much we appreciate their willingness to 
be involved in public life and public service because when 
somebody commits to that, it obviously is very much a family 
commitment, a family decision. So thank you all for being here.
    This question is for all four of you. And I know each of 
you appreciates the importance of cooperation between the 
Executive Branch and Congress. Nevertheless, these confirmation 
hearings give us an opportunity to underscore that point. So 
the question is, if confirmed, will you pledge to work 
collaboratively with this Committee and its members and to 
provide thoroughly and timely responses to our requests for 
information?
    Admiral Buzby. I will.
    Mr. Batory. I will.
    Mr. Davidson. Yes.
    Ms. Dunn Kelley. Senator, yes.
    The Chairman. Thank you.
    Ms. Dunn Kelley, as you know, the Bureau of Economic 
Analysis produces one of the world's most closely watched 
economic statistics, and that's the quarterly GDP estimate. In 
fact, the invention of GDP by Department of Commerce economists 
in the 1930s was recognized by the Department as its greatest 
achievement of the 20th century. However, with the advent of 
the digital revolution, there is an emerging debate about 
whether GDP properly measures the 21st century American 
economy. Disruptive business models, such as those of Uber, 
Amazon Marketplace, and Airbnb are often not well captured by 
established statistical methods.
    The question is, should you be confirmed, what actions will 
you take to ensure that the BEA's measurement of GDP better 
captures the full contours of the Nation's economy in the 21st 
century?
    Ms. Dunn Kelley. Thank you for that question, Senator. And 
I, like yourself, as you suggested, I have looked at the GDP 
data for many, many years. In fact, I remember when it was GNP 
instead of GDP. Right. So it has over time evolved to recognize 
the change in the Nation's economy.
    And as I was preparing to be with you today, I had an 
opportunity to meet with a few of the people who work on it, 
and, quite frankly, I am very, very impressed with their 
ability to recognize and to want to work with the evolution of 
that. And if confirmed, I will assure you that I will look 
forward to working with BEA on this and many other tasks and 
making sure that they have the resources, tools, and capacity 
to perform these functions.
    The Chairman. Thank you.
    Ms. Dunn Kelley. Thank you.
    The Chairman. And as I pointed out, and as you also noted, 
it is a highly watched and very important metric that not only 
we here pay attention to, but the entire world pays attention 
to.
    Mr. Batory, recent progress reports suggest that several 
commuter railroads are at risk for not meeting the requirements 
of the revised positive train control deadline framework that 
were set in 2015. I want to be clear: any railroad that fails 
to meet the revised framework should not expect any further 
extension from this Committee. The revised framework is 
realistic, and it provides the Secretary with authority to 
provide limited additional time to ensure that these systems 
work as intended.
    So the question is, could you speak briefly to your plans 
for oversight of PTC implementation between now and December 
31, 2018, which is the current deadline?
    Mr. Batory. Thank you, Senator, for that question. The 
subject matter concerning PTC is something that's very close to 
me both professionally and personally as a result of what we 
had to do at Consolidated Rail Corporation, and also 
interfacing with various commuter agencies along the Northeast 
Corridor.
    If I am confirmed, I intend to expound on the good work 
that has already been done at the FRA insofar as monitoring 
communication of the progress of PTC, and intensify those 
efforts. If it is disclosed that we see any indication of an 
entity that is not trending at the speed in which it should 
trend in order to meet the 12/31/18 deadline, other 
administrative actions will be taken in order to get that 
entity to have compliance by 12/31/18. I think there is also an 
opportunity within the railroad industry for collaboration. 
That means both the host railroad as well as the tenant 
railroad, and there's a lot of that in the commuter agencies.
    But I will give this Committee and each Senator that serves 
on the Committee and their staffs my absolute commitment of 
working as hard as I can to make sure that there is absolutely 
no flaw come 12/31/18.
    The Chairman. Thank you. As you may know, the National 
Academy of Sciences and the Government Accountability Office 
have raised alarming issues with the ECP brakes rulemaking and 
associated analysis. Those issues include inadequate safety 
model validation, limited data, missing critical variables, 
lack of transparency, failure to account for uncertainty, and 
flawed test plans.
    Moreover, looking back at 2016, the Department's 
projections for crude and ethanol by rail accidents and traffic 
vastly differed from the observed data. And I think many of our 
colleagues here have been troubled by some of the agency's 
responses to legitimate critiques and suggestions.
    In accordance with the requirements and deadlines of the 
FAST Act, do you commit to fully incorporating the results of 
these independent studies using the best available data and 
fairly evaluating whether to uphold the ECP brake rule?
    Mr. Batory. Senator, as far as the ECP brakes are 
concerned, I have been cognizant and aware of that technology 
since it was first brought into the industry, freight industry, 
that is, in the early 1990s. It has matured considerably over 
the past 20-plus years. And if I'm confirmed, I look forward to 
learning more about what has been developed on the ECP brake, 
and also what avenues we have to follow, if any, in order to 
allow these trains to operate safely.
    At this conjuncture, I will be very candid with all of you, 
I have to learn more about the subject matter as it has been 
developed within the FRA.
    The Chairman. I guess the only thing I would say is that as 
you do that and come up to speed on some of this, that I think 
it's important to fully incorporate the results of a lot of 
these independent studies and use the best available data when 
it comes to evaluating whether the ECP brake rule needs to be 
upheld because those have been many of the criticisms which I 
think many of which are valid. And so as you move forward, I 
hope that you'll take into consideration the findings of those 
studies as well as the data that they produce.
    Senator Nelson.
    Senator Nelson. Thank you, Mr. Chairman. I have a number of 
questions that I'm going to submit for the record because it's 
much too lengthy for the purposes of this hearing, but I'll 
cover just a few.
    Mr. Batory, you're an expert in railroads, and grade 
crossings are a problem when it comes to making sure that the 
public is safe, especially with faster and faster trains. It's 
also an issue of noise, since the Nation developed around the 
railroads, and so often that's where people live and work, 
close to the railroads. So do you want to give us just a quick 
thought about how you want to improve safety as well as the 
noise problem?
    Mr. Batory. Thank you, Senator. Just to capsulize and stay 
within the content of grade crossing safety, it is something 
that is very close to me that I shared with some of your fellow 
members on this Committee, and I just want to share it briefly, 
and that way you'll have an appreciation as to why I'm going to 
tell you about the conviction I have toward rail highway 
crossings.
    Senator Nelson. All right. I'm going to have to get you to 
be quick.
    Mr. Batory. I will be very quick.
    Senator Nelson. I've got questions for the remaining three.
    Mr. Batory. But in the middle of my career, I experienced 
hitting a school bus. It was full of children. Fortunately, all 
the children got off, and there were no fatalities, no 
injuries. I was always committed to good rule compliance when 
it came to highway grade crossings, but after experiencing 
that, I have become a very strong proponent of good rail 
highway crossing innovation, improvement, and capitalizing on 
something that we always talk about within the industry and 
with Operation Lifesaver, and that being the best engineering 
we can come up with at the time, continuous education, it can 
never stop, and, unfortunately, at times you have to enforce it 
because some people you can't educate as much as others.
    Senator Nelson. OK. For example, if a train is going 100 
miles an hour, and you've got a grade crossing, that might call 
for what is known as a quiet corridor, where all the arms come 
down and block every possible ability of a vehicle or a 
pedestrian to go across.
    Mr. Batory. Yes, sir.
    Senator Nelson. OK. All right. Let me ask Mr. Davidson--I 
shouldn't have to ask this question, but there remains this 
undercurrent and threat to science, and I have seen it with my 
own eyes in the Department of Commerce as I have visited 
various agencies since the election. How are you going to 
ensure, as the General Counsel, that experts within NOAA and 
NIST are free from political interference and muzzling of 
science?
    Mr. Davidson. Senator Nelson, thank you for that question. 
And I think you and Secretary Ross had a similar exchange at 
his confirmation hearing----
    Senator Nelson. I'm asking you.
    Mr. Davidson. Yes, sir. And I respond the same way as Mr. 
Ross did, and that is that I will ensure that the spirit and 
the letter of the law and regulations are upheld in terms of 
delivery of accurate information, and I commit to you to be on 
task on that to make sure that information provided is accurate 
and according to all the rules and laws.
    Senator Nelson. What would you think if I told you that 
some of the employees of those agencies in the Department of 
Commerce are given the impression that they are not allowed to 
use the term ``climate change''?
    Mr. Davidson. Thank you, Senator. I'm not aware of that. I 
would----
    Senator Nelson. What would you think if you became aware of 
that?
    Mr. Davidson. I would look into whether there was improper 
interference with the performance of their duties and take 
appropriate action.
    Senator Nelson. Do you think the words ``climate change'' 
are an interference with their duties?
    Mr. Davidson. Senator, I don't know the specific facts of 
that kind of intervention, but I would think that scientists 
within the Department of Commerce should provide accurate data 
and accurate information, and that's their mandate. They 
shouldn't be given direction to do otherwise.
    Senator Nelson. Therefore, if they want to use the term 
``climate change,'' they should be able to do that?
    Mr. Davidson. Sir, I'm not familiar with that particular 
circumstance, but I think that they should be encouraged to 
provide accurate information in a transparent way.
    Senator Nelson. Now, Mr. Davidson, I know what you feel, 
and I think it is telling that it is awkward for you to answer 
the question. All I would encourage is some common sense, and 
let scientists do their job without an attempt on being 
muzzled. I know what Wilbur Ross feels about this, too. But 
there is this edict, whether written or not, from above that is 
giving the impression among employees of the Department of 
Commerce not to use the two words ``climate change,'' and that 
is absolutely ridiculous.
    Mr. Davidson. I agree with you, Senator, that the 
scientists should not be muzzled and should provide accurate 
information.
    Senator Nelson. I know you believe that, so thank you for 
saying that.
    Mr. Davidson. Thank you.
    Senator Nelson. Admiral, you are going to be charged with 
the movement of goods through our ports that are vital to this 
country. Do you think TIGER grants can help you in the process 
of that?
    Admiral Buzby. Senator, I think that in improving our 
ports, which are critical to our economy and to the 
mobilization of our country in time of war, that we should look 
at all avenues to improve the flowability in and out of those 
ports, both from the land side and the short sea shipping side. 
So, yes, sir.
    Senator Nelson. Ms. Dunn Kelley, you obviously are going to 
be charged as the Under Secretary for Economic Affairs. Do you 
think that the Paris Agreement could have been good for the 
economic growth of this country?
    Ms. Dunn Kelley. Thank you for that question, Senator. And, 
obviously, the Paris Accord was the President's decision, and I 
would suggest to you that, if confirmed, I would work with 
Secretary Ross to further understand that and could come back 
to you with further comment.
    Senator Nelson. OK, but that's not the question. The 
question is, do you believe that the Paris Agreement would, in 
fact, be good for economic growth?
    Ms. Dunn Kelley. Senator, again, thank you for that. And 
just allow me to say that I would be remiss in answering that 
question right now, as I don't have enough facts and data 
around it to make an appropriate answer to you and/or the 
Committee.
    Senator Nelson. I know that's uncomfortable for you as 
well. Again, I just make the point, common sense tells us, 
informs us, a lot how to conduct the affairs of government.
    Thank you.
    Ms. Dunn Kelley. Thank you very much for that advice.
    The Chairman. Thank you, Senator Nelson.
    And I'm told that because we're not being allowed to meet 
until after 11:30 a.m. this morning, we have to wrap up the 
hearing by 11:30 a.m. The Democrats are objecting to the 
Committees meeting after that time. So to the best that we can, 
if we can kind of move very quickly through questions so 
everybody gets a chance.
    Senator Peters is up next.

                STATEMENT OF HON. GARY PETERS, 
                   U.S. SENATOR FROM MICHIGAN

    Senator Peters. Thank you, Mr. Chairman. And, Mr. Chairman, 
I would also ask that three documents be entered into the 
record without objection.
    The Chairman. Without objection.
    [The information referred to follows:]

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    [Information regarding Department of Interior is retained 
in the Committee's file.]
    Senator Peters. These documents really lay the foundation 
for my question to Mr. Davidson. First is a letter I sent with 
19 of my House and Senate colleagues asking for Secretary Ross 
to extend the public comment period on an Executive Order 
regarding oil production in marine sanctuaries and monuments. 
Second, is a Department of Interior letter responding to a 
Freedom of Information Request. Finally, the records turned 
over by Interior as a result of that records request. So those 
will be in the record, and I'll want to have a continued 
discussion with you, Mr. Davidson, if confirmed.
    I entered these because I would like you to look into 
something. The President has issued two Executive Orders that 
have overlapping subject matter: one deals with national 
monuments, both on land and in the ocean, designated under the 
Antiquities Act, and the other deals with marine national 
monuments and sanctuaries designated or expanded in the last 10 
years.
    The Federal Register Notice for the Antiquities Act order 
explicitly told commentators not to comment twice with these 
two actions. And I'm going to quote, The Department of Commerce 
will receive a copy of and consider all public comments 
submitted during the Department of Interior's public comment 
period. I'm skipping some lines here, accordingly, identical or 
similar comments submitted as part of the Department of 
Interior's public comment period should not be resubmitted to 
the Department of Commerce in response, that they would be 
forwarded on in a sense.
    Well, the public comment period for the Antiquities Act 
Order closed on July 10. The Department of Interior received 
almost 1.5 million comments, but according to the spreadsheet 
provided in response to the FOIA request that I reference, 
Interior has shared only 494 of the 1.5 million of those 
comments with the Commerce Department. The comment period on 
marine monuments and sanctuaries closes today.
    Mr. Davidson, would you agree with me that either there has 
been really a major glitch here between the Interior Department 
and Commerce that needs absolute immediate attention given the 
short period of this comment period, or that the public has 
been perhaps misled, that if you comment with one, that it will 
be shared with the Department of Commerce?
    And this is very concerning because part of what the 
comments are is to have public input into this process. I can 
tell you, from one of the sanctuaries that I have in Michigan 
that NOAA operates up in Thunder Bay, it was done with 
incredible input from all of the stakeholders in the community.
    This Executive Order wants to know whether or not there was 
public input in this process, and yet they only gave 30 days 
for input. I've sent a letter for 90 days so that the public 
can provide comments on these sanctuaries. And now I find that 
a very small, tiny fraction of the comments made have actually 
been forwarded to the Department of Commerce.
    I would certainly like to know how we will deal with this 
and how you think about this?
    Mr. Davidson. Senator, thank you for that, and thank you 
for bringing that to my attention. I have to admit that I am 
not familiar with the facts of either of these Executive orders 
or the comment period. So I would be happy to look into that, 
and I share your views on the importance of transparency and 
public comment. I think that information helps make better 
regulations and better laws, so I'm very much in favor of 
making sure that all the comments are shared and everyone is 
able to address their concerns. I would be happy to work with 
you on this issue going forward.
    Senator Peters. Well, if confirmed, I will look forward to 
working closely with you to make sure that the public is heard. 
These are important assets for the country and treasures for 
the Nation and we want to make sure the public is fully heard 
on it. So I look forward to that.
    Mr. Davidson. Yes, Senator.
    Senator Peters. Mr. Batory, I appreciate your Michigan 
roots that we talked about beforehand. It's good to have you 
here before us. While the rail networks in Michigan play an 
important role in moving people around the region, I'm hearing 
from a number of my communities in the state that they're 
experiencing very long delays from stopped trains at railroad 
crossings, which results in drivers being stuck in traffic, 
sometimes for hours.
    In southeast Michigan, particularly in Wayne County, we are 
hearing quite a few complaints. In Kalamazoo earlier this year, 
a freight train broke down and ensnarled drivers in downtown 
traffic for well over an hour, and raised a number of safety 
concerns related to emergency vehicles that were unable to move 
because of these train delays.
    So my question is, how are you going to work with local 
communities and railroad companies to address blocked 
crossings, especially in areas where emergency vehicles could 
be delayed?
    Mr. Batory. Thank you, Senator, for that question. And it's 
subject matter that I'm very cognizant of throughout my career. 
I'm not aware of any specifics that you made reference to 
insofar as southeastern Michigan. I do understand what 
railroads do insofar as response of a distressed train and how 
they try to get personnel to facilitate what needs to be done 
to move that train as quickly as possible.
    If there is some systemic issue that is taking place, I 
certainly would have my door open, and willfully, when I learn 
more about it, because that's unacceptable. We know that, 
operating the railroad and maintaining it every day, that we do 
not block public crossings. In many of the states, we have 
statues, whether it be 5 minutes or 10 minutes, and as a 
result, we recognize that. And when we do have a blocked 
crossing, we have protocols in place to notify the emergency 
response organizations that there's a train blocking specific 
road crossings. But those are things that we follow through if 
we know that we're blocking a crossing. But to block it day 
after day, that's unacceptable and it's not part of good 
railroading.
    Senator Peters. Well, if confirmed, I look forward to 
addressing this directly with you on behalf of a number of 
communities in my state, so I appreciate it.
    Thank you.
    The Chairman. Thank you, Senator Peters.
    Senator Blunt.

                 STATEMENT OF HON. ROY BLUNT, 
                   U.S. SENATOR FROM MISSOURI

    Senator Blunt. Thank you, Chairman.
    And thanks to all of you for being willing to serve. I 
think we were a little slow in getting the government put 
together, and having you at this point gets us that much closer 
to the kind of help that we need to get the job done we all do.
    Mr. Davidson, I'm particularly glad, it's good to see you 
and your family here again and willing once again to serve in 
public service, as others here have as well.
    Mr. Batory, in the last Congress, this Committee passed a 
long-term comprehensive transportation package, the FAST Act. 
In that Act, I had authored a provision, the TRAIN Act, which 
really accelerates the process of a project much like we had 
already done for highways in the past. It basically creates 
more equity between railroad improvements and projects and 
highway improvements and projects. I'm asking you to look 
carefully at that, and make it a priority of yours. The more we 
feel like that you can have a sense that these projects can get 
done without needless delay, the more likely railroads are to 
invest their money and improve that part of our overall system.
    So any thoughts on the TRAIN Act or how important it is to 
permitting move forward without needless obstacles?
    Mr. Batory. Yes, Senator. Thank you for that question. It 
brings back some experiences that I had going back as far as 
the mid-1990s with former Congressman Lipinski in Chicago.
    Senator Blunt. Mm-hmm, mm-hmm.
    Mr. Batory. And this was long before the CREATE program. 
But we embarked on an initiative to identify where we could 
have grade separations to improve the vehicular traffic around 
the Chicago metropolitan area, and I'm pleased to share with 
you that what I know about what has taken place with CREATE so 
far, some of that is coming to fruition.
    But with all that said in the way of success is one thing 
that we continually see is the amount of money and time that is 
incurred upfront before the first shovel goes in the ground. 
And it's not unusual to see anywhere from 25 to 30 percent of 
the cost, and sometimes it gets close to 50 percent, of upfront 
time and money before we can get a project going. I've seen it 
with projects such as double-tracking, where we put tracks back 
that were once there. I've experienced it where we've increased 
tunnel clearances. I've experienced it with the replacement of 
bridges both over highways as well as over navigable waterways. 
And you definitely have my commitment to be involved with that 
process as far as infrastructure and what can be done.
    Senator Blunt. Well, we know it's worked and made a 
difference in highway construction, and actually every single 
example you gave was double-tracking where tracks were, working 
on a tunnel where a tunnel already was. I mean, you would think 
that these things could have been handled in a better way 
before, but you've got the tools to do it with now, and I hope 
you do. And also we want you to work with us to identify other 
red tape areas that just don't need to be there and come to 
this Committee and talk to us about how we can eliminate those.
    Ms. Kelley, I've talked to Secretary Ross about this, but 
one of the things we don't calculate very well right now is 
international travel. We know that I think the national number 
is $250 billion a year. We figure out how to segment almost 
every other part of the economy into a state-by-state category 
so that states and people who live in those states and 
legislators from those states know how important agriculture is 
or how important exports are or other things. We don't do that 
with travel. I'd like you to look carefully at what we could do 
to take that $246 billion number and give a greater sense to 
states and communities as to what international travel means to 
them. It's sort of the low-hanging fruit of the economy. People 
come and they stay longer, they spend more, they like us better 
when they've been here than they did when they got here, and 
virtually 100 percent of the time. But will you work with us on 
that?
    Ms. Dunn Kelley. Senator, thank you for that comment. And, 
yes, absolutely, I will commit to you that I will work with the 
Bureau, Secretary Ross, you and your department, to come back 
to you on how we can provide you better data because clearly 
creating accurate and actionable data is our goal.
    Senator Blunt. Thank you. Thank you, Mr. Chairman.
    The Chairman. Thank you, Senator Blunt.
    Senator Gardner.

                STATEMENT OF HON. CORY GARDNER, 
                   U.S. SENATOR FROM COLORADO

    Senator Gardner. Thank you, Mr. Chairman.
    And thanks to the nominees for your testimony today and 
your willingness to serve. It's great to see you all again.
    Mr. Batory, it was great meeting with you last week to 
discuss rail issues facing the country, and particularly 
Colorado. During our meeting, we talked about the challenges 
that the state faces with train noise. Due to FRA regulations, 
communities up and down Colorado's Front Range, where the vast 
majority of Coloradans reside, from Fort Collins to Fountain, 
Colorado, have had to deal with very, very loud train noise.
    In the 2015 FAST Act, we included a provision that would 
require the Government Accountability Office to review the 
impacts of train horn noise and to look at potential 
improvements to the current rule. I'm pleased that last year 
the FRA announced that they would be taking a renewed look at 
the rule, the Quiet Zone Process, and give an opportunity for 
the public to comment.
    Last summer, the former FRA Administrator, Sarah Feinberg, 
came to Colorado with Senator Bennet and I to witness these 
impacts firsthand. And I would welcome the opportunity for you 
to come join us as well, Senator Bennet and I, to Colorado, if 
you're confirmed, so you can understand what these communities 
in the state are facing. If confirmed, I would like to get your 
commitment that you'll review existing regulations pertaining 
to train horn noise and look for ways to address the concerns 
of the communities in my state through either the Quiet Zone 
Process or the rule itself. Can I get that commitment from you?
    Mr. Batory. Thank you, Senator. And, yes, I enjoyed the 
time we spent together. It was very enlightening, and as a 
result of being aware of that particular corridor, I had a 
sensitivity toward what you shared with me. And, yes, you have 
my commitment that I will work with you and your fellow Senator 
and your staff and committees to learning more about that 
corridor and what can be achieved.
    Senator Gardner. Great. Thank you.
    And something we did not get a chance to talk about in the 
office last week, but what I thought I would bring up here, 
last spring, the Denver Regional Transportation District opened 
a new commuter rail line known as the University of Colorado A 
Line connecting Denver International Airport to downtown. So 
it's about a little over 30-minute way, trip, from the airport 
to downtown. With the Denver metropolitan area experiencing 
unprecedented growth, this rail link between the city and the 
airport is a critical priority to relieving congestion on many 
key corridors. And so I certainly have been proud to support 
that line during my time in the House of Representatives and in 
the Senate.
    But since the line was opened, RTD has faced technical 
challenges with grade crossings. It's my understanding that the 
FRA has had a working relationship with RTD, a great working 
relationship with RTD, as they move forward on this issue, and 
FRA and RTD are working to help resolve this issue. But I would 
like your commitment to continue working with the Denver RTD to 
address the challenges with the grade crossings on the RTD A 
Line. Can I get that commitment?
    Mr. Batory. I would welcome that opportunity. I've ridden 
that line and realize its importance.
    Senator Gardner. Thank you very much. And the final 
question to you, sir, is the Southwest Chief Amtrak, we talked 
a little bit about this line, runs through southeastern 
Colorado serving the communities of Lamar, La Junta, Trinidad, 
important to us. It's an incredible important asset to these 
towns and gives them a transportation alternative when they're 
a long ways away from DIA, as far east as Chicago and to Los 
Angeles.
    Several years ago, there was a proposal to reroute the 
Southwest out of Colorado. Since that time, the communities in 
my state joined with other cities around the area, Kansas, and 
New Mexico to raise funding from the states to upgrade Colorado 
and those states' portions of the lines in order to keep it 
running through Colorado and those states. I've been proud to 
support the effort, helped to acquire multiple TIGER grants to 
assist in the process as well. Through your role of overseeing 
Amtrak, and again just I would like to get your assurance that 
the Southwest Chief will continue running on its current route 
through Colorado.
    Mr. Batory. Senator, I'm very familiar with everything you 
just shared. OK? And if confirmed, OK, I welcome the 
opportunity to learn more about the state of where that 
particular subject matter resides. We know that it is a long-
distance train, but, as mentioned in the President's budget, 
insofar as elimination of subsidies for long distance trains, 
but until that budget is passed, that train continues to 
operate. And there is also a competitive bidding process that 
has been let recently, it's in the early stages, to see whether 
or not there are private operators out there that could operate 
some of these long distance trains.
    So there are a lot of moving parts right now from my 
perspective, from what I know. I'm sure, if confirmed, I will 
know much more, but as I learn I would welcome the opportunity 
to work with you and staff.
    Senator Gardner. Thank you, Mr. Batory.
    And Mr. Buzby, Mr. Davidson, Ms. Kelley, thanks very much 
for your nominations, being willing to serve, and your 
willingness to come to this Committee.
    So thank you.
    The Chairman. Thank you, Senator Gardner.
    Senator Schatz.

                STATEMENT OF HON. BRIAN SCHATZ, 
                    U.S. SENATOR FROM HAWAII

    Senator Schatz. Thank you, Mr. Chairman.
    Good morning to all the nominees.
    My first question is for Ms. Kelley. The President's budget 
proposes eliminating the Economic and Statistics Administration 
and placing the Bureau of Economic Analysis and the Census 
Bureau directly under the control of the Secretary. These 
important sources of economic data would also face steep budget 
cuts. This proposal has many of us very worried about the 
integrity of our data and the ability for the public to access 
this data that our business community relies upon.
    Do you commit to resisting any pressure from the 
administration or elsewhere to compromise the integrity of the 
Department's data and economic analysis through reorganization, 
through insufficient funding, or political pressure?
    Ms. Dunn Kelley. Senator, thank you for that question. And 
let me assure you that, yes, I can make that commitment to you. 
Also, I would like to say that in my years in the private 
sector, I spent much time on things like reorganizations, 
mergers, acquisitions, and I would look forward to, if 
confirmed, working with Secretary Ross in trying to streamline 
and reorganize that division, but also in maintaining the 
integrity of the data. And the integrity of the data, I give 
you my commitment that that will be maintained.
    Senator Schatz. Thank you. I appreciate the commitment. 
I'll just clarify for the record that the Department and its 
programs are a creature of statute, and so you can do some 
reorganization in terms of streamlining and in terms of doing 
things smarter, we want you to do that, but if you want to do a 
wholesale reorganization of the Department or its statutory 
mandates, you do have to come back to both the authorizing and 
appropriating committees.
    On climate change, to follow up on the Ranking Member's 
questions, the rapidly changing climate affects our economy in 
a number of ways: prolonged droughts that reduce agricultural 
yields, coastal flooding due to sea level rise, increased 
frequency and severity of storms, and the unpredictability of 
weather forecasts on which many industries depend.
    In 2016, NOAA reported 15 separate billion-dollar climate 
events. Combined, these events cost the U.S. economy over $200 
billion and resulted in at least 138 deaths. Do you think the 
Department of Commerce should track and measure the impact of 
climate change?
    Ms. Dunn Kelley. Senator, thank you for that question. And 
if confirmed, I would very much like to get back to you with 
more information on that to work with the subject matter 
experts. But I think that, as we've said before, and I would be 
committed to the fact that accurate and actionable data is what 
we are committing to provide to you and others.
    Senator Schatz. On climate change?
    Ms. Dunn Kelley. I thought you said the economic--on the 
economic impact of that climate change.
    Senator Schatz. OK. I just want to--I mean, the sort of 
elephant in the room here, following up on what Senator Nelson 
was talking about--and we believe that you believe in data 
collection, and we believe that you're data people, and you're 
serious professionals, and you're nominated by a Republican 
President, but that doesn't prohibit you from understanding the 
world as it is, and the world as it is, is one in which climate 
change is a fact.
    And I am quite worried that we have an environment in which 
you guys have to strike a balance, guys and gals, have to 
strike a balance here because you are Trump nominees, and 
you're serious-minded people, and I think a lot of Democrats 
want to get to yes, but you're worried about saying the word 
``climate change.'' You're worried about who you're going to 
get sideways with in the White House if you agree to a basic 
premise, which is that climate change is real, and the 
Department of Commerce employees, NOAA employees, National 
Weather Service employees, MARAD employees, should not be 
prohibited from using a certain phrase as a political matter. 
And that worries me very much.
    This is not your fault, but I think it's very important to 
point out that to the extent that we're going to have a 
serious-minded conversation about what is, that you shouldn't 
be--that nobody in any administration, Democrat or Republican, 
should be prohibited on the basis of politics from using 
whatever words they want to describe the world as it is.
    I do not want you to respond because I don't want you to 
get in trouble with anybody you may get in trouble with in 
terms of responding affirmatively to what I'm saying, and maybe 
you would get in trouble with the other side, or responding 
negatively, and you may get held up in the confirmation 
process, but this is where we are.
    Admiral Buzby, we've had several good conversations. I 
really appreciate them. I will insert in the record a question 
about the Maritime Security Program and my concerns that MSP 
maintain its priority on the needs of Sealift Command without 
inadvertently creating a competitive imbalance between U.S. 
operators. I look forward to working with you on that.
    Admiral Buzby. Sure.
    Senator Schatz. And, finally, Admiral Buzby, if you could 
just state briefly for the record your commitment to the Jones 
Act.
    Admiral Buzby. The Jones Act has been the law of the land 
for 97 years, and I am on record as being a firm supporter of 
that law.
    Senator Schatz. Thank you.
    The Chairman. Thank you, Senator Schatz.
    Senator Cantwell.

               STATEMENT OF HON. MARIA CANTWELL, 
                  U.S. SENATOR FROM WASHINGTON

    Senator Cantwell. Thank you, Mr. Chairman.
    And I thank the panel and the nominees before us.
    Ms. Dunn Kelley, I see in your portfolio, trade 
manufacturing, innovation, competitiveness. I would like to 
hear your comments about the Export-Import Bank and whether you 
support making sure we have a full and functioning export 
credit agency.
    Ms. Dunn Kelley. Thank you for that question, Senator. And, 
again, I would be remiss at this point in making a comment 
because I do not have enough information. But I would be happy 
to work with you and your staff to get back with you on any 
information you would want. I would make that commitment.
    Senator Cantwell. OK. Could you--yes. So you're not 
familiar with it or you're not ready to give a comment on it?
    Ms. Dunn Kelley. Senator, I do not have enough information 
to give you a comment at this point.
    Senator Cantwell. OK. Well, we would certainly like one for 
the record. We think it's a very valuable tool, and anybody who 
is going to be helping us with manufacturing and trade, that we 
have an Export-Import Bank that works, and right now we don't, 
and we're losing jobs and losing economic opportunity.
    And I know the Administration wants to make things in 
America, I'm just not sure they want to sell anything outside 
the United States of America; they seem more fixated on trying 
to nominate people who don't support the Bank or slow it down. 
So I would definitely, definitely want to get your thoughts on 
that.
    Mr. Batory, obviously, this Committee and other committees 
have a lot of conversation about rail safety issues, and I can 
tell you from the Pacific Northwest perspective, being a 
gateway to the Pacific, we've seen a lot more activity on our 
rail tracks. We definitely have seen commodity competition as 
well, and products being pushed off the rails, and that's very 
concerning.
    But on the safety issue, I want to make sure that I get 
your views on what you think some of the solutions are. A lot 
of people have talked about obviously the properties of crude 
itself, safety for the tracks, tank car safety. So are you 
supportive of increased inspections on crude-by-rail lines?
    Mr. Batory. Thank you, Senator, for that question. Let me 
first respond that what is set forth in the way of law that the 
railroads have to govern by for inspection, there is no 
compromising, there is no negotiation, when it comes to either 
law, policy, rule in the private sector. If it's unsafe, you 
don't do it, you don't use it. If it's safe, then you use it.
    Senator Cantwell. OK. So do you think we need more 
inspections on crude-by-rail lines?
    Mr. Batory. If the numbers support further inspections, 
that should be done not only by the FRA, but also the private 
sector.
    Senator Cantwell. OK. What about getting the private sector 
to work more on volatility standards of the product itself?
    Mr. Batory. That I think is a multi-participant task, if 
you will, not only the people that generate the commodity for 
haulage, but also the common carrier itself that carries the 
commodity. There is, I know from my readings, that there has 
been a considerable amount of effort within the last 3 to 5 
years on this subject matter, and, if confirmed, I look to 
learning more, if I find myself confirmed working for the 
Federal Government.
    Senator Cantwell. Well, I think, just so I'm clear, there 
is a lot of effort that we think should happen, and we think 
there's a lot between FMCSA and FRA of like finger-pointing 
that it's somebody else and waiting. I notice that Wall Street 
wouldn't ship or finance deals with this level of vapor 
pressure in crude-by-rail, and yet we're letting a state define 
that and then ship it through our communities from Spokane to 
Seattle to various places. And so we very much think the 
volatility is a critical issue that needs to be addressed.
    So I'll look forward to hearing more on that.
    But what are--well, I'm almost out of time, so I think, Mr. 
Chairman, I think I'll just----
    You know, we want to get for the record more comments from 
you on what technologies you think should be used on the tracks 
to get more information for all of us as we see continued 
volume on these products.
    Thank you, Mr. Chairman.
    The Chairman. Thank you, Senator Cantwell.
    And we have until 11:30 a.m. I have Senator Hassan, Senator 
Inhofe, Senator Cortez Masto, and Senator Klobuchar left to try 
and get in.
    So, Senator Hassan.

               STATEMENT OF HON. MAGGIE HASSAN, 
                U.S. SENATOR FROM NEW HAMPSHIRE

    Senator Hassan. Thank you, Mr. Chair. And I'll do my best.
    And thank you all for being here this morning, and 
congratulations to you and your families for your nominations.
    Admiral Buzby, it was great to meet with you, and I 
appreciated very much the answer you just gave to Senator 
Schatz concerning the Jones Act. I'm very glad to hear your 
support for it and commitment to it.
    I did want to explore the impacts of a decreased cargo 
fleet on our capacity and on MARAD generally. Since 2012, the 
U.S. international fleet has declined by nearly 26 percent, 
mainly caused by a decrease in government-supported cargo 
shipments of food aid, military supplies, and Import-Export 
Bank-related shipments. According to MARAD, this has 
contributed to a national defense sealift shortage of almost 40 
vessels and 2,000 mariners.
    Given the precipitous decline of the U.S. international 
trading fleet, which amounts to nearly one-quarter of the 
entire fleet, can you describe any impacts this has on national 
defense sealift readiness requirements and the impact of the 
decline in preference cargo on the size of the fleet?
    Admiral Buzby. Thank you, Senator, for that question. It is 
certainly an issue, and I think you frame it pretty accurately. 
You know, my discussions or things that I've learned in 
discussing the issues with U.S. Transportation Command, whose 
mission it is to make sure that we have sufficient sealift 
along with MARAD to execute the mission, like General McDew 
characterizes it, we're at the ragged edge, and I think that's 
probably a good characterization.
    Basically, in order to have more ships, we need more cargo. 
I mean, that's the equation. Cargo is kind of king. That 
determines the amount of ships that you could have in a 
Merchant Marine, which then equates to the number of people 
that you have to man them. So it's all part of an equation of 
those three pieces that have to come together. Certainly, it's 
something that is foremost in my mind and it's something I'm 
going to be digging into very rapidly when I take over. It's 
one of my priorities that I want to get after if I am 
confirmed.
    Senator Hassan. Well, thank you. Thank you very much. I 
appreciate that.
    And, Mr. Batory, it was nice meeting with you as well. One 
of the things we discussed when we met is that, as a rural 
state, each mode of interstate transportation available to the 
citizens of New Hampshire is incredibly important. Granite 
Staters are served by two Amtrak routes, the Downeaster and the 
Vermonter, which, in turn, connect us to the larger network of 
routes down the Northeast Corridor. My constituents not only 
enjoy having access to Amtrak, but really many of them depend 
on these routes, as does our economy. And I would be happy to 
invite you to take a ride up in New Hampshire so you can see it 
for yourself.
    But if confirmed, will you commit to supporting Amtrak, 
including routes that may connect more rural areas, such as the 
Downeaster and the Vermonter?
    Mr. Batory. Senator, thank you for that question. As far as 
specific train routes associated with Amtrak, that changes 
continually during its 50-year life. There has been ebb and 
flow among routes. I'm certainly cognizant of what discussed as 
far as what the organizations have done up in the New England 
states as far as perpetuating rail passenger service, and I 
take my hat off and commend them. And if confirmed, I would 
like to be part of the fabric up there and learn more about 
that so that should it become a subject matter, I can talk 
knowledgeably about it.
    Senator Hassan. Well, I thank you for that. I would love to 
have you up in New Hampshire, and I hope very much to gain your 
commitment to Amtrak because we have had a lot of groups 
working, and it has become critical to our economy and to our 
quality of life, as I expect it is in many other parts of the 
country where rural areas are connected by Amtrak routes to 
more of the network. So thank you for the answer, and I look 
forward to seeing if I can drill down and get your commitment 
to those two routes.
    I just wanted to take one last question with Mr. Davidson, 
and it may be something I submit on the record. I appreciated 
your answer very much about the importance of following the 
spirit and the letter of the law as General Counsel of the 
Department. I just also wanted to note, I understand you're a 
member of the Minnesota bar, is that correct?
    Mr. Davidson. Mm-hmm.
    Senator Hassan. And obviously, our bar associations have 
ethical rules. Lawyers are guided by ethical rules. So to the 
extent that a conflict of interest would arise for the personal 
interest of the leadership of the Department versus the 
interests of the Department itself, I just want to make sure 
that you are committed to representing the Department and the 
people of this country that the Department serves and would 
resolve any conflicts to honor that commitment.
    Mr. Davidson. Yes, Senator.
    Senator Hassan. Thank you.
    The Chairman. Senator Inhofe.

                 STATEMENT OF HON. JIM INHOFE, 
                   U.S. SENATOR FROM OKLAHOMA

    Senator Inhofe. Thank you, Mr. Chairman.
    Let me first of all say to the panel that there is this 
insatiable appetite to always bring up global warming in any 
setting, so don't let that try to deter you from the subject at 
hand, although I would say, Ms. Dunn Kelley, a good response 
might have been, ``Well, yes, everyone knows climate change is 
real, all scientific evidence, all scriptural evidence, all 
archeological evidence says it's real, it's out there.'' The 
question is, ``Is the world coming to an end because of manmade 
gases?'' And I say it's not.
    Now, another good response when you were asked about the 
Paris Agreement, let's keep in mind the Paris Agreement was the 
twenty-first such meeting that the United Nations had, and our 
President, President Obama made a commitment, he extracted 
commitments from everyone, for example, China, China said, 
fine, we'll continue to build an additional generating plant 
every 10 days until 2025, then we'll consider changing it. 
Well, that's not a big deal.
    But what our President said is we'll reduce our 
CO2 emissions by between 26 and 28 percent by 2025, 
which was impossible. In fact, we had the Obama EPA come in, 
and I asked him that question, I said, ``Is this even possible 
to do?'' and they said, no, it wasn't. That might have been a 
good response, but I wouldn't have expected that. I think you 
handled it very well.
    I appreciate very much both Admiral Buzby and Mr. Batory 
coming in and trying to educate me a little bit on an area. I'm 
new to this Committee, so I have not spent a lot of time on 
railroads, as much as I should have, and I think it's something 
that was very helpful to me. Now, I enjoyed the hearing that we 
had, and it was also new to me, when we were talking about 
FirstNet, which is a public-private partnership to develop 
nationwide public safety broadband network in conjunction with 
AT&T, and I had a hard time figuring out where one left off, 
Mr. Davidson, and the other started. But I thought it was 
pretty impressive to me to know that we had this much 
cooperation on something that looked seemingly impossible to 
happen, and it looked like it was going to happen.
    I would just like to ask you, Mr. Davidson, what you see as 
your role as General Counsel to ensure that FirstNet continues 
to proceed on time, on budget, meeting all of the appropriate 
metrics?
    Mr. Davidson. Senator, thank you, and I share your views of 
the importance of FirstNet. So my role as General Counsel, if 
confirmed, would be to ensure that the statute is followed to 
the letter and that it be allowed to be implemented in as 
efficient manner as possible, as I think it is going to be a 
key network for first responders throughout all the states. So 
I'm very excited about that getting put into place and would 
like to facilitate that as quickly as it can be done.
    Senator Inhofe. But your specific role would be?
    Mr. Davidson. It will be just to make sure, Senator, that 
the statute is followed to the letter and that it can 
facilitate implementation as quickly as possible.
    Senator Inhofe. Yes. And then, Mr. Batory, while that's his 
role, yours is to make sure and try to get it done, right? I 
enjoyed our meeting very much, and I complimented the railroad 
industry for the crossings successes that we've had in 
Oklahoma. So we have a willing partner, and they are trying to 
cooperate with us. You folks, I know, will be in a position to 
assisting them in that. Do you see that as part of your role?
    Mr. Batory. Yes, Senator, I definitely do. Safety doesn't 
sleep.
    Senator Inhofe. Yes.
    Mr. Batory. And as a result, when it comes to grade 
crossing protection, there is always something that can be done 
in a way of improvement with creative minds and exploiting 
technology.
    Senator Inhofe. Yes. And are you pretty convinced, getting 
back to our thing in the meeting that we had on--well, for one 
thing, I was going to mention, and I think the Chairman 
mentioned this, I chaired at the time that we were talking 
about these issues the Environment and Public Works Committee, 
where we did the FAST Act, and we had a lot of the 
collaboration there demonstrated that we have the ability to do 
these things. And I look upon your roles, all of you, as being 
able to bring about the necessary knowledge to get this done.
    Is there anything that we need to do that you can see from 
our end in terms of changing the law or changing regulations 
that would be appropriate? Have you had time to think about 
that?
    Mr. Batory. I would like to give that more time to think 
about and get back to you and your staff. But as I shared in my 
opening statement, if confirmed, OK, you and everybody on this 
Committee has my dedicated service.
    Senator Inhofe. Thank you very much.
    I yield back.
    The Chairman. Thank you, Senator Inhofe.
    Senator Cortez Masto.

           STATEMENT OF HON. CATHERINE CORTEZ MASTO, 
                    U.S. SENATOR FROM NEVADA

    Senator Cortez Masto. Thank you very much.
    Welcome. Thank you for your willingness to serve. Welcome 
to your families. And I appreciate the opportunities that you 
gave my staff to meet with all of you. Let me be very brief 
here so my colleagues have an opportunity to speak.
    Mr. Batory, we can agree that technology like PTC and ECP 
brakes have the ability to improve safety for rail operations 
in this country. And as you know, the NTSB has studied and 
identified 148 rail safety incidents, many major disasters, 
which were preventable if PTC technology were in place. Would 
you agree with that?
    Mr. Batory. PTC is definitely going to reduce the risk and 
improve safety.
    Senator Cortez Masto. And for that reason, the discussion 
that my colleagues were having with you with respect to the 
transport of crude was of some concern to ensure we have those 
safety regulations and technology in place.
    And one thing I want to add to that is the transportation 
of the nuclear spent fuel and high-level radioactive waste in 
this country. My concern is that at this point in time, it is 
not safe. And I look forward to working with you, based on your 
conversations previously, on how we can improve the safety of 
any type of our cargo across our rail lines in this country.
    And at this time, Mr. Chairman, I would just ask unanimous 
consent to include this report, which was released May 2017. 
It's entitled, ``Congressional Districts Potentially Affected 
by Shipments to Yucca Mountain, Nevada,'' in the record.
    The Chairman. Without objection.
    [The information referred to follows:]

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    Senator Cortez Masto. I appreciate that. Thank you.
    And then, Mr. Batory, are you familiar with hyperloop?
    Mr. Batory. Only what has been shared through the common 
media, but as far as any specific technical, no.
    Senator Cortez Masto. Well, I look forward to welcome you 
to the new world of hyperloop and the conversations that we can 
have for the future. It is technology that is being tested 
right now in Nevada. I'm very excited. It's new rail 
technology. So thank you, and I look forward to working with 
you in that space.
    Ms. Dunn Kelley, thank you again for meeting with my staff. 
In the 2010 Census, 400,000 Latino children were not counted, 
and 6,000 of these children were in Clark County. What will you 
do to ensure the racial and ethnic minorities, low-income 
individuals, and young children are accurately counted in the 
census?
    Ms. Dunn Kelley. Thank you for that question, Senator. And 
as Secretary Ross has stated many times, we are committed to a 
comprehensive, high-quality census completed in a timely 
manner, counting every individual where they live. If 
confirmed, I will work as my mandate to the integrity of that 
process, work with you and others, to make sure that we count 
every individual, and that will be one of my highest 
priorities.
    Senator Cortez Masto. Thank you. And then let me add 
additionally, despite requests I think from at least four 
Federal agencies, the Census Bureau announced this spring that 
it would not be collecting data on sexual orientation and 
gender identity in the American communities surveyed. We need 
to collect data on the LGBT community to ensure their unique 
needs are met. Do you agree with this decision by the Census 
Bureau?
    Ms. Dunn Kelley. Senator, thank you for bringing that up. 
And what we have today is we've got a rigorous process between 
the Census Bureau, Federal agencies, and Congress on every 
topic in question that's put forth on the census. And if, in 
fact, I am confirmed, my mandate would be the integrity of that 
process and then the execution of that mandate through the 
census. So you have my commitment that I would uphold that 
mandate.
    Senator Cortez Masto. So----
    Ms. Dunn Kelley. On your particular issue that you're 
discussing, I would be remiss to say I have enough facts to 
actually comment further on that particular subject, but I 
would commit to you that very shortly, if confirmed, I would 
get back to you and your staff and others to further 
investigate and come up with a discussion on that.
    Senator Cortez Masto. Thank you. I appreciate your 
comments.
    And then to Admiral Buzby, thank you again for your 
willingness to serve and your service. Let me address the 
sexual assault, and I know you mentioned it a little bit in 
your briefing, but the concerns that the report indicated, 
which was one in five women at the Academy report having 
experienced sexual assault, and three in five, or 60 percent, 
report experiencing sexual harassment. How will you address 
this issue in a meaningful way so that we are actually seeing 
positive results?
    Admiral Buzby. Thanks for that, Senator. One sexual assault 
or sexual harassment is too many, so I am totally with you in 
my commitment to get after this issue. Getting after the 
Academy is number one priority of mine. I'll be sitting down 
with the Academy leadership and all of the stakeholders of the 
Academy because it's an entire issue. It goes to the 
midshipmen, it goes to the administration, it goes to the 
Maritime Administration----
    Senator Cortez Masto. And to culture. And really it's 
addressed to culture as well, right?
    Admiral Buzby. It is. And industry.
    Senator Cortez Masto. Right.
    Admiral Buzby. So it all needs to be looked at as a whole, 
and I pledge to you that I will get right into that.
    Senator Cortez Masto. I appreciate it. I look forward to 
working with you.
    Thank you. I notice my time is up. I appreciate the 
comments.
    The Chairman. Thank you, Senator Cortez Masto.
    And I think we are officially out. But Senator I think 
Klobuchar wanted to----

               STATEMENT OF HON. AMY KLOBUCHAR, 
                  U.S. SENATOR FROM MINNESOTA

    Senator Klobuchar. Yes. Thank you. Yes. And I'll put my 
questions on the record, but I did want to thank Mr. Davidson 
for appearing here. He was, as you know, born in Minnesota, 
attended Carleton College in Northfield, remains a committed 
Viking fan, which we're very excited about, right, Senator 
Thune? And I appreciated our meeting and discussion about his 
work and plans for work with Secretary Ross on steel and some 
of the other issues that really matter in my state. So we 
welcome you. Thank you, Mr. Davidson. And thank you to all of 
you.
    Mr. Davidson. Thank you, Senator.
    The Chairman. Thank you, Senator Klobuchar.
    Senator Blumenthal.

             STATEMENT OF HON. RICHARD BLUMENTHAL, 
                 U.S. SENATOR FROM CONNECTICUT

    Senator Blumenthal. Yes, thank you, Mr. Chairman.
    Although we are out of time here, and I will submit my 
questions for the record, I just want to state that I 
appreciated my conversation with Mr. Batory. I look forward to 
his addressing the positive train control, grade crossings, 
outstanding regulations, at the FRA, recommendations from the 
NTSB, and other safety, reliability, and consumer performance 
issues that we addressed. And I look forward to working with 
the other nominees as well.
    Thank you.
    The Chairman. Thank you, Senator Blumenthal.
    And we will have, obviously, questions submitted for the 
record. And I would ask Members to get those in by Friday. And 
then if the witnesses could get the responses back to us by 
Tuesday, August 1, it will enable us to move more quickly to 
process your nominations. So again we apologize, but we, 
because of Senate rules, cannot meet past 11:30 today. So thank 
you all very much for being here and again for your willingness 
to serve, and we'll look forward to following up with you with 
questions for the record and to moving your nominations 
forward.
    This hearing is adjourned.
    [Whereupon, at 11:34 a.m., the hearing was adjourned.]

                            A P P E N D I X

    Response to Written Questions Submitted by Hon. Dean Heller to 
                            Ronald L. Batory
    Question 1. Mr. Batory, one of my greatest responsibilities in the 
Senate is to protect and secure Nevadans. If you are confirmed as the 
Administrator of the Federal Railroad Administration, will rail safety 
be a priority for you?
    Answer. I recognize the Federal Railroad Administration has a 
multitude of responsibilities, but safety will always be my number one 
priority just as it has been throughout my career.

    Question 2. One of my priorities is fighting against a proposed 
Yucca Mountain Waste Repository. This project poses a serious threat to 
Nevadans and anyone else along the proposed waste transportation 
routes.
    Under the Nuclear Waste Policy Act in the House, the U.S. would be 
shipping 9,495 rail casks in 2,800 trains, and 2,650 trucks hauling one 
case each to Yucca Mountain over 50 years.
    If the capacity limit at Yucca is more than doubled as has been 
discussed, the Department of Energy would ship about 21,909 rail casks 
in about 6,700 trains and 5,025 truck casks to Yucca Mountain. Over a 
span of 50 years, do you believe it is possible there could be a rail 
accident with an ensuing radiological release?
    Answer. Safety is FRA's number one priority, and its efforts to 
protect hazardous materials routes are undertaken with the highest 
levels of diligence in conjunction with Federal Government partners, 
state governments, and industry.
    The casks (packages) that will be utilized to transport the spent 
nuclear fuel to Yucca Mountain are specifically designed and built to 
protect the radioactive material against foreseeable accidents. 
Conditions for which these packages are designed and tested to 
withstand include: impact, fire, wetting (submersion), pressure, heat, 
and cold.
    For rail transportation, the cask that will be utilized for these 
shipments of spent nuclear fuel is known as a Type B transport cask. To 
date, there has never been a transportation accident in which one of 
these casks containing spent nuclear fuel has been breached or has 
leaked radioactive material here in the USA, or internationally.
    If confirmed, you have my assurance that members of FRA's Hazardous 
Materials Division will continue to work actively with the Department 
of Energy on the planning and preparation of these future moves. Such 
moves would be executed with the utmost caution.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Bill Nelson to 
                            Ronald L. Batory
    Gulf Coast Passenger Rail. The Department of Transportation plays a 
pivotal role in restoring the Gulf Coast Amtrak line through the 
panhandle. The president's budget eliminated funding for Amtrak long-
distance lines, which, if approved, could prevent restoration of the 
Gulf Coast service and end Amtrak service in Florida.

    Question 1. Do you support funding for restoring this Amtrak line?
    Answer. I am aware of the interest in restoring service to this 
line, and that the recently published Gulf Coast Working Group Report 
recommended several options and next steps in this process. If 
confirmed as Administrator of the Federal Railroad Administration 
(FRA), I look forward to working with Congress, the states, and the 
board of Amtrak on a feasible path forward.

    Question 2. Do you believe that the Federal Government should 
continue to be a partner in providing passenger rail service 
nationwide?
    Answer. I believe passenger rail service is an important 
transportation option for Americans. If confirmed, I look forward to 
working with Congress, Amtrak, and states partners to provide the most 
efficient intercity-passenger rail service for the country.
                                 ______
                                 
    Response to Written Question Submitted by Hon. Amy Klobuchar to 
                            Ronald L. Batory
    Rail Crossings. Investing in rail crossing improvements provides 
significant safety and efficiency benefits. Blocked rail crossings can 
delay or prevent emergency medical services and keep drivers stalled 
for hours at a time. I included a provision in the FAST Act to help 
address the safety risks associated with blocked rail crossings.

    Question. What more can we do to promote improvements in rail 
crossings?
    Answer. As I shared with the Committee during the July 26th 
nomination hearing, I was involved in a highway-grade crossing incident 
early in my career. Fortunately, there were no injuries or fatalities. 
But, this incident had a profound impact on me and led me to become a 
strong proponent of railroad safety, especially at highway-rail grade 
crossings. If confirmed, I would seek to deploy newer technologies at 
rail crossings. I would also review the effectiveness of efforts at 
community education and enforcement of current regulations.
                                 ______
                                 
 Response to Written Questions Submitted by Hon. Richard Blumenthal to 
                            Ronald L. Batory
    Enforcing the Deadline for Implementation of PTC. In August 2017, 
the FRA will likely release its annual status report regarding railroad 
efforts to implement Positive Train Control.
    As you know, this technology could have saved the lives of hundreds 
of people over the years--had it been installed on railroads. For 
nearly 50 years, the National Transportation Safety Board has been 
urging railroads to implement it. But for years, railroads resisted. So 
in 2008, Congress acted and required railroads to install it by 2015. 
Railroads further resisted, and so Congress pushed the deadline back to 
2018--over my strenuous objections.
    From reports we've seen over the past few months, several freight 
and passenger railroads already anticipate missing the deadline. I want 
to make sure history doesn't repeat itself yet again, with Congress 
extending the deadline from 2018 until some later date.

    Question 1. How are you going to make sure railroads meet the 
deadline?
    Answer. If confirmed, I will continue FRA's work overseeing the 
rail industry's progress towards implementing positive train control 
(PTC) systems with the goal of each railroad--including Class I 
railroads, Amtrak, and commuter railroads--fully implementing a PTC 
system.
    I am aware of the technological struggles and costs associated with 
PTC implementation and am committed to working with the railroads to 
ensure proper implementation of PTC technology by the deadline in 
December 2018. If confirmed as FRA Administrator, I will do whatever I 
can to ensure compliance with the provisions of law requiring adoption 
of this technology.

    Question 2. What penalties will you impose on railroads that miss 
the deadline?
    Answer. If confirmed, it would be a priority to ensure compliance 
with the deadline imposed by Congress. I am aware of the technological 
difficulties and high costs of PTC implementation, but railroads should 
be on notice that, if confirmed, I would expect compliance with this 
provision of law.
    As I understand it, the FRA is already working diligently with the 
railroads to promote full implementation. I would continue compliance 
assistance efforts and would consider additional methods to ensure 
success. If confirmed, I would consider any administrative tool 
available to obtain compliance with this safety measure.

    Improving Safety at Rail-Grade Crossings. In 2015, we witnessed a 
harrowing, horrifying wreck at a highway-rail grade crossing in 
Valhalla, New York--just outside New York City and a stone's throw from 
Connecticut. A Metro-North train plowed into a car that was somehow 
stopped on the track. The driver of the car was killed as were five 
passengers on the train. On July 25, the National Transportation Safety 
Board--after a two-and-a-half year investigation--revealed its 
findings.
    We learned we will never know why the driver of the car was on the 
track.
    We were also reminded of the dangers of rail-grade crossings. There 
are nearly 200,000 crossing nationwide, and over 200 people are killed 
at these crossing every year.

    Finally, we learned of the dangers of having an electrified third 
rail near rail-grade crossings. Such a third rail was present at the 
Valhalla crossing, and it entered the vehicle and the train and was 
responsible for much of the death and destruction. The NTSB recommended 
that commuter railroads that have these configurations--like Metro-
North--take steps immediately to assess whether they pose a risk so 
they can be removed.

    Question 1. What steps do you plan to take to improve grade-
crossing safety?
    Answer. As I shared with the Committee during the July 26th 
nomination hearing, I was involved in a highway-grade crossing incident 
early in my career. Fortunately, there were no injuries or fatalities. 
But, this incident had a profound impact on me and led me to become a 
strong proponent of railroad safety, especially at highway-rail grade 
crossings. If confirmed, I would seek to deploy newer technologies at 
rail crossings. I would also review the effectiveness of efforts for 
community education and enforcement of current regulations.

    Question 2. How can we reduce the number of fatalities--currently 
well over 200 annually--to zero?
    Answer. As mentioned above, I am a strong proponent of grade 
crossing safety and believe improvement in safety will result from 
technological innovation, continuous education of the travelling 
public, and effective enforcement of existing laws and regulations, and 
will work to achieve continuous reduction in the number of fatalities.

    Question 3. How do you plan to address the dangers raised by the 
presence of electrified third rails at crossings?
    Answer. I am aware of the NTSB's recent findings from the tragic 
Valhalla, New York accident that took place on February 3, 2015. I 
understand that the NTSB will soon recommend to FRA and others that 
safety risk assessments on third rails should be conducted, especially 
in the vicinity of grade crossings.
    If confirmed, I will review the Valhalla report and recommendations 
and take steps to assist the industry in improving safety.

    Outstanding NTSB Recommendations and Congressional Mandates. 
According to the latest numbers from NTSB, there are 70 open safety 
recommendations at FRA. These are essentially recommendations that 
NTSB--an independent safety agency--sends to FRA in the aftermath of 
accidents and incidents. Action on these recommendations will save 
lives. For example, these include requiring cameras on trains, 
requiring testing and screening for sleep apnea for rail employees, 
improving fire prevention standards on rail cars, and strengthening the 
design of rail cars. Many of these recommendations were made because of 
crashes that took place in Connecticut. There are also several 
outstanding regulations that FRA has yet to complete. Mandates for 
those regulations were put into law in a major rail bill that passed 
Congress in 2008. The regulations were due by 2012, but so far, FRA has 
done a small, piecemeal approach, putting forward a sliver of what was 
required.

    Question 1. What is your plan to take action on all of the 
outstanding NTSB recommendations?
    Answer. Safety is FRA's number one priority. If confirmed, I will 
initiate a full review of all open NTSB safety recommendations issued 
to FRA to determine the most appropriate way to address these safety 
issues. I also intend to open up a direct dialogue with the NTSB 
Chairman to discuss additional ways we can work together to satisfy 
open recommendations and support public safety.

    Question 2. What is your plan to address the outstanding 
Congressionally-mandated requirements?
    Answer. If confirmed, I will work to ensure that FRA addresses any 
outstanding regulations mandated by Congress in an appropriate manner. 
It is my understanding that the Rail Safety Improvement Act of 2008 
mandated that FRA produce numerous regulations and reports and that FRA 
notifies Congress annually on its progress in completing those 
requirements. I also understand that only a small number of regulations 
from the 2008 legislation remain outstanding and are in the process of 
being addressed. If confirmed, I will get a full briefing on the status 
of these mandated regulations.

    The Need to Prevent Amtrak from Shrinking Seats. Two weeks ago, the 
current President and CEO of Amtrak--Wick Moorman--said to several 
reporters that Amtrak was looking at airlines' practices and 
considering shrinking seat size--just like airlines have been doing in 
recent years. He warned there would be efforts to institute ``things 
that just don't make it quite as comfortable.'' This was announced the 
same day that Amtrak's new ``co-CEO''--Richard Anderson--started his 
new job before he officially takes over in full in January. I note 
Richard Anderson once served as head of Delta Air Lines.
    I wrote to Anderson last week with strong concerns. He responded 
and stressed this idea was not under consideration and said that any 
idea regarding shrinking seats was mentioned as a way to lower costs. I 
appreciate that response, and I hope that is the case.

    Question 1. Do you share my belief that many anti-consumer 
practices that have taken root at airlines and so enraged airline 
passengers should not find a home at Amtrak or any commuter railroad?
    Answer. Like you, I am a regular Amtrak passenger. I would be 
dismayed to see seat size shrink on Amtrak or commuter trains. I have 
not discussed this idea with anyone on Amtrak's board, but I am glad to 
hear that Amtrak's Co-CEO Richard Anderson has told you that this is 
not under consideration.

    Question 2. Will you commit to using FRA's powers to fight anti-
consumer practices, such as seat size shrinkage?
    Answer. If confirmed, I will focus on rail safety, including that 
of Amtrak, while also administering Federal financial assistance to 
Amtrak, as appropriate, so that Amtrak can provide safe, reliable, and 
competitive transportation options to our Nation. I understand that 
policies such as seat-shrinkage are in the purview of the Amtrak board, 
which must be cognizant not only of financial necessities for passenger 
rail, but also of consumer needs.

    NEC FUTURE and Ensuring Local Communities Decide the Fate of Rail 
Realignment. On July 12, the Federal Railroad Administration issued its 
``Record of Decision'' detailing the agency's final selected 
alternative for rebuilding the Northeast Corridor. The effort is known 
as NEC FUTURE.
    I strongly support rebuilding and revitalizing our rail network, 
but what the agency put forward on July 12 proposes rerouting and 
expanding rail through much of Fairfield County, uprooting residents, 
businesses and dramatically disrupting communities.
    Thankfully, the final plan dropped an equally problematic scheme to 
expand rail through southeastern Connecticut, which would have 
devastated countless historic communities and had massive environmental 
impacts.

    Question 1. I support strong investments in our rail network--like 
the Hartford Line from New Haven to Springfield--and I support letting 
local communities decide long-term plans.
    Answer. I agree that communities should have a key role in these 
discussions and decisions.

    Question 2. Can you pledge your commitment to let the residents of 
Fairfield County make any decision about where and when rail is built?
    Answer. While I have not been involved in this process, I know that 
FRA's release of the NEC FUTURE Record of Decision (ROD) does not 
result in construction. NEC FUTURE is a Tier 1 or programmatic study of 
the Northeast Corridor. It will be up to individual project sponsors, 
such as states, Amtrak, or others, to move forward specific projects 
identified in the ROD into Tier 2 or project-level studies. All Tier 2 
project studies for new rail segments will require the support and 
collaboration of the NEC states and the participation of any affected 
communities. If confirmed, I look forward to learning more about the 
NEC FUTURE plans and working with Fairfield County, other affected 
communities, and all stakeholders as specific projects move through the 
process.

    Question 3. Can I get your commitment to shelve any plan that 
doesn't have full community support?
    Answer. NEC FUTURE is a comprehensive planning effort for 
investments in the Northeast Corridor and creates a framework for the 
next several decades. My understanding is that the next step of the NEC 
FUTURE process will be Tier 2 or project-level studies of specific 
improvements, which will be led by the states, railroads or other 
individual project sponsors. Each Tier 2 project will require further 
review before construction can occur. The pace and phasing of advancing 
projects identified in NEC FUTURE depends on many factors. Community 
support is very important, and if confirmed, I look forward to working 
with the communities involved and all stakeholders as specific projects 
move through the Tier 2 process.

    Rolling Back Rules. In May, the president put forward his 
infrastructure plan as part of a days-long ``Infrastructure Week.'' He 
proposed privatizing air traffic control and gutting regulations. He 
also put forward a vague plan to invest $200 billion in our 
infrastructure, but with absolutely no details. For all the president's 
lofty talk during the campaign about rebuilding our infrastructure, 
that's about all we heard.
    Meanwhile, talk of rolling back regulations continues with the 
premise that regulatory rollbacks will somehow make up the difference 
between Trump's vague $200 billion and the $1 trillion in 
infrastructure spending he proposes.

    Question 1. Are you committed to environmental protection laws?
    Answer. If confirmed, I will work to ensure the FRA continues to 
comply with the requirements of the National Environmental Policy Act 
and related Federal environmental laws.

    Question 2. Are you committed to historic preservation laws?
    Answer. If confirmed, I will work to ensure the FRA continues to 
comply with the requirements of the National Historic Preservation Act 
and related Federal historic preservation laws.

    Question 3. Are you committed to safety laws?
    Answer. If confirmed, I will work to ensure safety continues to be 
the number one priority at FRA.

    Question 4. Would you agree that rules and regulations have an 
important place in transportation?
    Answer. As I have stated, safety is my number one priority. If 
confirmed, I look forward to reviewing current, pending, and proposed 
regulations to ensure they add safety value and not just costs and 
paperwork. I will not hesitate to propose new regulations where I 
believe they are warranted. As I noted in my testimony, I will also 
pursue the development and use of performance-based standards whenever 
possible in order to drive the outcomes we want, not merely establish 
new processes. I believe performance-based measures will encourage 
innovation and the development and use of new technologies aimed at 
improving the safety and efficiency of the railroad industry.

    Question 5. Are regulatory rollbacks supposed to cover the $800 
billion shortfall in Trump's plan? If so, how do regulatory rollbacks 
generate revenue?
    Answer. President Trump issued his Executive Order on Reducing 
Regulation and Controlling Regulatory costs to establish a prudent 
review and fiscally responsible system of managing the costs for 
regulatory and paperwork compliance and reducing the delays to get new 
infrastructure projects started. I am not aware that the administration 
is counting regulatory cost savings toward his pledge to spend a 
trillion dollars on infrastructure.

    The Need for Real Investments in Our Transportation. The president 
has proposed drastic cuts to several critical programs, like the TIGER 
program and Amtrak.
    These cuts undermine our economy.
    Moreover, the president's budget has language regarding tolling, 
privatizing infrastructure, gutting regulations, curtailing litigation, 
minimizing the Federal role in transportation, and making states pay 
more--what the administration calls ``self-help.'' And on top of this, 
the administration has thrown its support toward massive tax cuts for 
the wealthy and corporations.

    Question 1. Do you support the TIGER program, which has done 
important things for rail in Connecticut?
    Answer. As I understand it, the administration's budget calls for 
eliminating funds for the TIGER program and, instead, replacing it and 
several existing programs with a significantly larger, comprehensive 
infrastructure initiative that could be used to finance all types of 
transportation infrastructure. I believe that Connecticut and other 
states should be able to access competitive grant programs for 
assistance with infrastructure projects that would be in the public's 
interest.

    Question 2. Is a $700 million cut to Amtrak's budget responsible?
    Answer. Because I was not part of the administration when the FY 
2018 budget was developed, I am not in a position to explain 
authoritatively how the decisions in this area were reached. I believe 
passenger rail service is an important transportation option for 
Americans, and I support the message delivered in the President's FY 18 
budget proposal to Congress that Amtrak should focus on the successful 
Northeast Corridor and state-supported services. I do believe we should 
consider carefully the financial plans for long distance routes. If 
confirmed, I look forward to working with Congress, Amtrak, and states 
to partner to provide the most efficient intercity-passenger rail 
service for the country.

    Question 3. Where are states going to get money for transportation 
funding if current funding from the Federal Government disappears?
    Answer. The administration has proposed a new infrastructure 
initiative that would be seeded with $200 billion. I agree that Federal 
funds to assist state and local governments finance transportation 
infrastructure repairs and replacement is vital.

    The Danger of Regulatory Capture at FRA. In both Republican and 
Democratic administrations we've seen the problem of ``regulatory 
capture.'' This happens when an industry ``takes over'' or ``captures'' 
its regulator, exercising undue influence on the regulator's efforts.
    This occurs when an agency becomes so familiar with the industry 
that it regulates that it begins to advocate for the industry's best 
interests--not the public's interest.
    This phenomenon has been written about and studied extensively. 
Railroads captured the FRA--it's a key reason, I believe, that the FRA 
failed for years to take action to require PTC until Congress finally 
stepped in in 2008 and required it.

    Question. Your experience in industry is important and valuable. 
But it comes with concerns. How can we be assured that in your new 
role, after nearly five decades in the industry, you'll be first and 
foremost a regulator?
    Answer. Over the course of my 45 years serving in numerous 
capacities in the railroad industry, my first and foremost 
responsibility has always been on ensuring the safety of employees and 
the public. Throughout my career, I've led operational improvement 
initiatives, policies and practices that were recognized for their 
effectiveness. Should I be confirmed as FRA Administrator, I will 
maintain this focus and keep it as FRA's top priority. Moreover, if 
confirmed as FRA administrator, I would work WITH industry, not FOR 
industry. I would have a position of public trust, and I would endeavor 
to make good decisions for the American people.
                                 ______
                                 
   Response to Written Question Submitted by Hon. Tammy Duckworth to 
                            Ronald L. Batory
    CREATE Program. As you know, the CREATE program in Chicago is a 
first-of-its-kind collaboration to improve reliability across our 
regional and national freight network. Stakeholders include USDOT, the 
State of Illinois, the City of Chicago, the American Association of 
Railroads, Amtrak, Metra, six Class 1 railroads, and an extensive list 
of other business and public interests. Each of these collaborators are 
actively working to advance CREATE's component projects with 
significant investments from both public and private stakeholders. 
Every rail executive that I have met with has reinforced the importance 
of this unique public-private partnership. CREATE is exactly the type 
of coordinated effort that meets the goals and intent of the 
Administration's new INFRA Program: It aligns with national/regional 
``economic vitality,'' it leverages Federal funding, it's truly 
innovative in its approach to project delivery and it places a strong 
emphasis on accountability.

    Question. Do you agree that CREATE closely aligns with the 
Administration's updated goals and criteria for the INFRA program?
    Answer. As I am not a departmental official, and I have not spoken 
with administration officials about the CREATE Program. As I understand 
it, CREATE is an important project to improve freight and passenger 
mobility in Chicago and across the Nation, and the concept of the 
program is a good example of cooperative planning and multi-stakeholder 
efforts that help streamline construction and planning. I understand 
that the INFRA program is currently accepting applications, so it would 
not be appropriate for me to comment on the particular merits of a 
potential application. If confirmed, I look forward to working with 
communities across the U.S. on transformative projects that improve 
America's infrastructure.
                                 ______
                                 
Response to Written Questions Submitted by Hon. Catherine Cortez Masto 
                          to Ronald L. Batory
    Hyperloop. As we discussed during the hearing, I'm interested in 
continuing a conversation with you concerning Hyperloop.

    Question 1. But as we consider your nomination, can you talk about 
the future of that technology, as well as other rail innovations, that 
you plan to think about and focus on as FRA Administrator?
    Answer. I've read about and am very excited about the prospect of 
transportation related emerging technologies such as Hyperloop. If 
confirmed, I look forward to learning more about these new technologies 
that have the capability of dramatically changing our transportation 
network--both for passenger and freight.
    Encouraging transformative technologies are a top priority for this 
Administration. If confirmed, I will work to ensure that emerging 
technologies, within the jurisdiction of the FRA, are a priority along 
with safety and infrastructure improvements.

    Question 2. Specifically whether you have thought about what a 
possible realistic safety regulatory scheme would be for something like 
Hyperloop?
    Answer. If confirmed, I look forward to learning more about 
technologies such as Hyperloop, including the safety considerations for 
this new transportation.

    Transparency at FRA. I know that my colleague Sen. Baldwin has 
previously raised transparency in the railroad industry, including 
initiating a process for bridge inspection reports, which my 
constituents have raised as a concern in northern Nevada along the 
Truckee River.

    Question. What can you tell us about efforts you'll make to 
increase transparency for Congress and the general public in your 
potential leadership at the FRA?
    Answer. Should I be confirmed, I commit to following the law with 
regard to the public release of information. But, with respect to 
bridge safety, I will work with Congress, communities, and stakeholders 
on strengthening rail and bridge safety.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Bill Nelson to 
                           RADM Mark H. Buzby
    Panama Canal Expansion. The movement of goods through our ports is 
vital to our economy. Last year, the Panama Canal opened its expanded 
lock system, allowing ships that are three times larger to navigate the 
canal. Critical ports--like those in Florida--need infrastructure 
improvements and deepened harbors to be able to accommodate larger 
vessels.

    Question 1. What programs at the department do you believe are most 
important to supporting our ports?
    Answer. I am aware that the Department of Transportation 
administers several programs that provide important assistance to 
ports. For example, the Build America Bureau's low interest loan 
programs provide opportunities for port improvements; the Federal 
Highway Administration's Congestion Mitigation & Air Quality (CMAQ) and 
Advanced Transportation and Congestion Management Technologies 
Deployment Program grants that endeavor to encourage the use of 
waterways to reduce highway congestion; the Federal Transit 
Administration's Ferry Grant Program; and both the TIGER program and 
INFRA grants can be used to support port improvements.
    Additionally, the Maritime Administration based StrongPorts team 
works with ports to help them access applicable programs at the 
Departments of Agriculture, Energy, Homeland Security, and the 
Environmental Protection Agency. They also communicate regularly with 
the U.S. Army Corps of Engineers to inform the Corps of port expansion 
projects.
    I have been informed that a TIGER grant awarded to the Port of 
Miami helped to improve freight rail connectivity and to the Port of 
Manatee, which improved a needed dock and terminal area and provided 
new locomotives for in port transfers. Currently, the StrongPorts team 
is working with Port Everglades on their Southport Expansion project. 
The MARAD team has also worked closely on planning issues with the 
ports of Tampa, Canaveral, and Jacksonville, and on exploring potential 
Marine Highway opportunities at the Port of Pensacola.

    Question 2. How can the TIGER program help address port needs?
    Answer. The TIGER discretionary grant program was the first land-
side infrastructure program of its kind for which ports are eligible to 
compete. While the majority of TIGER funded projects at ports are rail 
infrastructure improvements, TIGER has also funded berth and dock 
improvements, truck gate expansions, cold ironing and the acquisition 
of rail mounted gantry cranes.
    Going forward, the administration will be proposing a comprehensive 
infrastructure initiative that will benefit every mode of 
transportation, including ports. Additionally, the INFRA program will 
continue to allow ports to compete for discretionary grants, leveraging 
local public and private funds to help develop port projects valued at 
$1.6B.

    MARAD's Role at DOT. The maritime industry plays a critical role in 
our country's economic vitality.

    Question 1. How will you ensure that maritime issues are 
prioritized in this administration?
    Answer. Ports and the U.S. marine transportation system are 
critical to our economy. The U.S. merchant marine, in particular, is a 
key component in our national defense. If confirmed, I will work with 
this committee to find ways to strengthen our maritime industry--
including ports and intermodal connectors, shipbuilding, and our 
American merchant fleet and mariner workforce--needed to serve our 
country's economic, national and homeland security needs.
    If confirmed, I will work with Secretary Chao to ensure that 
maritime equities--ports, waterways, ships, shipyards and mariners--are 
included in the administration's developing infrastructure initiative, 
as well as intermodal programs such as INFRA grants. Additionally, the 
Maritime Administration hosts, and Secretary Chao leads, the Federal 
interagency Committee on Marine Transportation Systems (CMTS). The CMTS 
provides MARAD with a mechanism to discuss maritime needs and 
priorities with over 20 agencies throughout the executive branch.

    Question 2. How do you plan to protect critical maritime laws, like 
the Jones Act, to ensure the economic viability of America's maritime 
industry?
    Answer. I support the Jones Act as the law of the land, and 
recognize the key role it plays in both commerce and national security. 
The Act ensures our country has a strong domestic fleet servicing 
American ports and waterways. It forms the basis for America's ability 
to build and repair ships. These capabilities serve our military well 
by providing access to working commercial yards, including experienced 
shipwrights and engineers who may lay steel for a commercial vessel one 
day, and for a Coast Guard cutter the next. I also recognize the myriad 
domestic security risks associated with permitting foreign vessels to 
operate in permanent presence in U.S. waterways. If confirmed, I will 
certainly voice this viewpoint within the administration.
    The other two key maritime laws are the Maritime Security Program 
(MSP) and Cargo Preference. Together, they help support an 
internationally trading fleet of approximately 80 U.S-flag ships. The 
international fleet provides access to the world's market place for 
American goods, and serves as a critical sealift component for the 
Department of Defense, enabling and supporting military operations 
around the globe.
    If confirmed, I will work within the administration as well as with 
this committee and other interested members of Congress, to reinforce 
the importance of the Jones Act, the Maritime 3 Security Program, and 
Cargo Preference to our national security and to the related economic 
success of our shipyards, domestic and international merchant marine.
    Having led the Military Sealift Command during wartime, I recognize 
the complexity of international supply chains and the challenge of 
logistical planning in a dynamic global transportation environment. As 
Administrator, I will partner with our interagency stakeholders to 
improve upon their efficient utilization of American merchant vessels.
                                 ______
                                 
 Response to Written Questions Submitted by Hon. Richard Blumenthal to 
                           RADM Mark H. Buzby
    Question 1. If confirmed as MARAD Administrator, how will you work 
to improve opportunities for states like Connecticut that rely on these 
small ports?
    Answer. In 2007, Congress established a Short Sea program in the 
United States to look at ways to move freight off congested road and 
rail networks, and onto the waterways. The Maritime Administration is 
responsible for this program, called America's Marine Highways (AMH). 
If I am confirmed, MARAD will work with coastal and inland communities 
to establish services where economically feasible between ports in the 
U.S. that could assist in relieving congested road and rail routes, and 
I would work to see that ports are included in regional freight plans. 
Development potential for more Marine Highway services, such as between 
the ports in Connecticut and the hub ports of Boston, New York/New 
Jersey and Norfolk will be explored.
    Marine Highway Routes are designed by the Secretary of 
Transportation to ensure they are known to all as integral parts of our 
national transportation system. Route names mimic the highway 
identification that most closely parallels the water route. For 
example, in Connecticut, MH-95 hugs the coastline, connecting the ports 
in Connecticut with the rest of the East Coast. If confirmed, I would 
encourage the development of our underutilized inland and coastal 
waterway system.

    Question 2. How have grant programs like INFRA (also known as 
FASTLANE) helped increase resources for states and communities to 
invest in small ports and remove bottlenecks and enhance the flow of 
freight?
    Answer. By focusing on freight infrastructure needs, the INFRA 
discretionary grant program brings opportunity to ports of all sizes. 
Usually when one thinks of nationally significant ports, those handling 
mega ships and containers come to mind. But to be economically secure, 
our Nation needs ports of all sizes, and all types. For example, bulk 
agricultural exports require port facilities located in proximity to 
growing regions of our nation, usually away from a metropolitan area; 
and auto exports require ports capable of handling roll/on, roll/off 
cargoes, that are located in proximity to manufacturing plants. Many 
smaller regional ports have not had the resources needed to fund 
improvements for highway or bridge connectors, or to remove at grade 
rail crossings. INFRA is designed to help with these types of projects.

    Question 3. Do you support the INFRA program?
    Answer. Yes. The INFRA program helps to leverage state and local 
funds to boost opportunity for regionally and nationally significant 
port and infrastructure projects to be developed. Many needed regional 
projects have been stalled because they are missing the final bit of 
funding needed before construction can begin.

    The Importance of Protecting Ports from Security Threats. The U.S. 
has more than 1,000 harbor channels and 25,000 miles of inland, intra-
coastal, and coastal waterways that serve over 360 ports. U.S. seaports 
handle more than two billion tons of domestic, import and export cargo 
annually.

    Question 1. Connecticut has three ports--which are vital to our 
economy--just like our country's hundreds of other ports. I recognize 
this issue may be more within the purview of TSA, yet your opinion is 
vital.
    Answer. One of the most important aspects of the Jones Act is that 
it forms a layer of our national defense by putting the eyes of 
thousands of U.S. citizen seafarers in our harbors and waterfronts 
every day. They see what is going on every day, and what ``normal'' 
looks like. Working closely with the U.S. Coast Guard and local law 
enforcement, those mariners provide an important link in the security 
of our ports and waterways.

    Question 2. How secure is our maritime economy?
    Answer. As you indicated, other agencies, including the Department 
of Homeland Security, should provide an answer to your question, and 
without more extensive briefings, I cannot comment specifically. 
However, from my perspective, America's maritime economy is inseparable 
from the rest of our transportation infrastructure, and faces many of 
the same risks. Going forward, for example, cyber hygiene and 
cybersecurity will be a growing area of focus. Cyber concerns will grow 
as autonomous vehicles, aircraft and ships are integrated into our 
transportation systems.

    Question 3. What else can we do to ensure our ports are as secure 
as they need to be?
    Answer. If I am confirmed, I would consider sharing technology 
development with medium and small ports that may not have ready access 
to advanced technologies that will help them remain at par with 
security of larger port facilities. If confirmed, I would expect MARAD 
to continue to work with Department of Homeland Security and local 
authorities to ensure that we are applying effective and affordable 
measures to address emerging security challenges.
                                 ______
                                 
    Response to Written Question Submitted by Hon. Brian Schatz to 
                           RADM Mark H. Buzby
    Question. Can I get your commitment to promptly review the matter
    [MSP vs Jones Act in Guam], and if confirmed, provide me with 
possible solutions to ensure that the program remains equitable to all 
of the U.S. carriers participating in the Guam domestic trade? I want 
to work with you to address this as soon as possible.
    Answer. Yes. The Maritime Security Program and the Jones Act (along 
with Cargo Preference) form two of the three pillars upon which 
America's maritime capabilities are built. We do not want to see the 
two programs in conflict. The law does allow both MSP and Jones Act 
carriers to serve specified islands, including Guam. If confirmed, one 
of my initial actions will be to request a briefing with MARAD staff 
responsible for these programs and to discuss the matter with 
USTRANSCOM leadership, and work with you and others in Congress on this 
issue.
                                 ______
                                 
  Response to Written Questions Submitted by Hon. Tammy Duckworth to 
                           RADM Mark H. Buzby
    U.S. Transportation Command. The U.S. Transportation Command is 
headquartered at Scott Air Force Base in Illinois. USTRANSCOM relies on 
the U.S.-flagged international fleet that participates in the Maritime 
Security Program and Voluntary Intermodal Sealift Agreement for 
providing cost-effective sealift and global readiness through attendant 
intermodal networks.

    Question. If confirmed, how will you ensure that these programs are 
strengthened so that USTRANSCOM has the sealift and intermodal assets 
it needs to pursue the Nation's mobility requirements for the next 
decade and beyond?
    Answer. Please see response to the following question, which 
addresses the issues of sealift, intermodal assets, and the decline in 
US-flagged vessels.

    Jones Act. The Jones Act is a cornerstone of the U.S. maritime 
industry and a critical component of our military readiness. I'm 
concerned about the long-term health of our U.S.-flagged commercial 
fleet, which has declined by 60 percent since 1990 in the context of 
international trade. In 1990, there were 200 ships that fit this 
description. Today, there are less than 80.

    Question. If confirmed, what will you do to address the declining 
number of U.S.-flagged vessels?
    Answer. Three programs ensure that there are enough U.S.-flag 
vessels available to provide this capacity: the Jones Act, which 
ensures a role for the U.S.-flag fleet in domestic trade; and Cargo 
Preference and the Maritime Security Program (MSP) which, together, 
support a militarily useful, U.S.-flag fleet sailing internationally.
    As of today, the U.S.-flag commercial fleet has enough vessels of 
the appropriate types to meet immediate military contingencies. 
However, the military also relies on the commercial merchant marine to 
employ and train enough qualified mariners to command and crew both the 
government and commercial sealift ships in time of war. Because of the 
decline of the US-flag fleet, both the U.S. Transportation Command 
(USTRANCOM) and MARAD are concerned that there are not enough qualified 
mariners to sustain an activation of the entire sealift fleet.
    If confirmed as Administrator, I will continue to examine courses 
of action to increase our support for America's merchant fleet. We will 
look to increase cargo opportunities from both Federal and commercial 
sources, and will look to make our fleet more competitive in the global 
freight marketplace. We will also look to expand training opportunities 
for America's merchant mariners.
                                 ______
                                 
Response to Written Questions Submitted by Hon. Catherine Cortez Masto 
                         to RADM Mark H. Buzby
    Diversity at the Merchant Marine Academy. In recent years, the 
Academy has focused on recruiting a more diverse class. Both female 
representation (20 percent) and racial minority representation (24 
percent) have increased over the last four years. However, this is 
still significantly lower than other service academies, and not 
representative of the diversity of America.

    Question 1. What are your plans to ensure that future classes look 
like all of America, with diverse racial, ethnic, gender, geographic, 
and economic backgrounds?
    Answer. The key to increasing diversity at the U.S. Merchant Marine 
Academy (USMMA) is to increase awareness of the Academy and what it 
takes to qualify for admission. A larger applicant pool of qualified 
diverse applicants will translate to a more diverse cohort of students.
    Geographic representation is strong. Each state has a number of 
allocations to USMMA that is proportionate to the representation in 
Congress from that State. Of the 54 states and territories, 46 are 
represented in the class of 2021.
    The mission of the Academy is to educate and graduate leaders of 
exemplary character who are committed to service to the Nation as 
officers in the Merchant Marine and the Armed Forces. First and 
foremost, we must continue to attract students who have a desire to 
serve, particularly in the maritime industry. They must also have a 
specific interest in pursuing an education in marine transportation or 
marine engineering. The opportunities at USMMA must be conveyed more 
deeply to high schools that have Science, Technology, Engineering, and 
Math (STEM), Junior Reserve Officers' Training Corps (JROTC), and 
maritime programs.
    To address racial, gender and economic diversity specifically, we 
first need to examine how the USMMA is currently targeting 
underrepresented segments of the population to raise awareness and make 
improvements as necessary. Second, we must work with congressional 
offices to ensure a diverse pool of high school students are being 
nominated to the Academy. Currently, nominations to USMMA are 
underutilized. Without a nomination, a student is not eligible for 
appointment. Third, we need to expand grassroots outreach through 
education and partnership with key influencers that can help promote 
the Academy across the country.

    Question 2. Gender equity is an important factor in reducing 
discrimination and harassment. Right now only 1 in 5 Midshipmen are 
women--what steps are you going to take to increase that number?
    Answer. Gender equity and increasing the number of women in the 
Regiment of Midshipmen, and continuing to improve the academic and 
leadership qualities of each incoming class, will be priorities for the 
Academy. Academy recruitment efforts must be executed in partnership 
with the maritime industry to promote career and leadership 
opportunities for women. Many companies have taken steps to welcome 
women into the merchant marine, a field that has traditionally been 
overwhelmingly male.
    I believe that the Admissions department should participate in 
college recruiting events that assist underrepresented students in the 
college selection process. If confirmed, I will review how the Academy 
is marketing itself to a larger population of qualified female high 
school students and how it is utilizing social media, the internet, and 
other tools to directly interact with prospective students.
    Along this line, if confirmed, I would investigate two ideas to 
help recruit women at the Academy. First is the creation of a STEM 
workshop program that would host young women at the Academy to 
introduce them to marine engineering and marine transportation 
programs. Second, I would look into the creation of a mentorship 
program that would pair current women Midshipmen with future women 
applicants to answer questions and encourage them through the 
application process. There is no better resource than young women who 
are already Midshipmen to promote the Academy to women who are aspiring 
to become leaders in the maritime industry and the Armed Forces.
                                 ______
                                 
      Response to Written Questions Submitted by Hon. Ted Cruz to 
                           Peter B. Davidson
    Question 1. Mr. Davidson, Last year the previous administration 
allowed the Federal Government's contract with ICANN to expire. Do you 
think that was a wise and prudent decision?
    Answer. I believe the best option would have been to retain the 
status quo. The worst option would have been to allow governments, many 
of which are not democracies and have dismal records in terms of 
protection free speech and human rights, to control important Internet 
governance functions. As the Secretary indicated during his testimony 
before the Committee, he is not aware of a viable alternative to the 
current state of affairs, but is willing to consider options if 
presented. If confirmed, and to the extent I am not limited from 
participating in such matters, I am committed to working with the 
Secretary, the Administration and Congress to consider all options 
going forward to assure that U.S. interests are at the forefront of any 
Internet governance discussions.

    Question 2. Mr. Davidson, As you may be aware, in the lead up to 
the ICANN transition there was an appropriations rider that stated 
that, ``None of the funds made available by this act may be used to 
relinquish the responsibility of the National Telecommunications and 
Information Administration, during Fiscal Year 2016, with respect to 
Internet domain name functions, including responsibility with respect 
to the authoritative root zone file and the Internet Assigned Numbers 
Authority Functions.''
    Despite the enactment of this rider, the Department of Commerce 
during the previous administration awarded a contract in the amount of 
$18,690 to the Berkman Center at Harvard University to study the 
transition plan, paid Professor Brakman-Reiser $9,207 to conduct a 
review of the transition plan, and incurred expenses of $1,658 for two 
meetings in New York with experts relating solely to the Internet 
transition. The Department of Commerce made these expenditures under 
what I consider was a tortured interpretation of this statutory 
language and unfaithful to the text.
    If confirmed, will you commit to this Committee to conduct a review 
to see if any individuals at the Department of Commerce violated the 
Federal Antideficiency Act, which provides that it is a criminal 
offense, punishable by up to two years in prison and a $5,000 fine if 
an officer of the government knowingly and willfully makes or 
authorizes an expenditure or an obligation exceeding an amount 
available in an appropriation or fund for the expenditure of the 
obligation?
    Answer. Yes, if confirmed, such a review will be conducted.

    Question 3. If confirmed, will you also commit to this Committee 
that you will conduct a review of all legal analysis conducted by or in 
conjunction with the Department of Commerce related to the Internet 
transition?
    Answer. Yes, if confirmed, such a review will be conducted.

    Question 4. Mr. Davidson, Microsoft and Facebook and YouTube, which 
is owned by Google, all of whom supported President Obama's Internet 
transition, have signed a code of conduct with the European Union to 
remove so-called hate speech from European countries in less than 24 
hours. Do you think these global technology companies have a good 
record of protecting free speech? And what can be done to protect the 
First Amendment rights of American citizens?
    Answer. If confirmed, I am committed to working with you and your 
colleagues to assure the continued free flow of information around the 
world. I believe that the Department of Commerce should be at the table 
in all policy discussions related to practices that may affect vital 
U.S. interests, including free speech. I am personally very committed 
to help the Department and the U.S. Government use all the tools at its 
disposal in this regard. The U.S. Government and American companies 
should be vigilant in protecting free speech and human rights of 
Americans and their other customers around the world.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Bill Nelson to 
                           Peter B. Davidson
    Next Generation 9-1-1. The evolution of our Nation's 9-1-1 
infrastructure to Next Generation 9-1-1 is a national imperative. That 
is why Senator Klobuchar and I have developed the Next Generation 9-1-1 
Act of 2017, which is designed to give states and localities the 
Federal resources and support they need to upgrade their existing 9-1-1 
systems to benefit our citizens and first responders who put their 
lives on the line every day.
    The Department of Commerce, through NTIA, has an important role in 
helping promote Next Generation 9-1-1 as one of the two departments 
that support the work of the Next Generation 9-1-1 Implementation and 
Coordination Office.

    Question 1. Do you agree that the Nation's transition to Next 
Generation 9-1-1 systems is a national imperative and that additional 
Federal support would help speed up that transition?
    Answer. I agree that this should be a national imperative. I 
understand that NTIA and the Department of Transportation's National 
Highway Traffic Safety Administration are taking necessary 
administrative steps now to make available an additional $115 million 
in grants from the Public Safety Trust Fund to 911 call centers.

    Question 2. Will you commit to fully supporting the work of the 
Office as it moves forward on Next Generation 9-1-1 issues, including 
through ways to speed up legal reviews of its work?
    Answer. Yes, if confirmed, I will ensure expeditious legal review 
of this work.

    Federal Spectrum--Balanced Approach. Demand for spectrum is 
increasing among both commercial and Federal users at a prodigious 
pace. It is imperative that we maintain a balanced approach to spectrum 
policy that ensures that there are adequate spectrum resources made 
available to all users.
    The Department of Commerce plays a key role in protecting the 
spectrum needs of mission critical Federal operations. This is not just 
a public safety or national security concern. These same Federal 
spectrum operations make their own contribution to the economic success 
of the Nation.
    For example, the weather monitoring performed by NOAA and NASA, 
along with the use of spectrum for satellites and other sensors, 
provides essential information for transportation, shipping, and 
environmental protection.

    Question. Will you commit to maintaining the role of the Department 
of Commerce and NTIA as an honest representative of the needs of 
Federal spectrum users in the debate over the Nation's spectrum policy?
    Answer. Yes. America is a world leader in the technology sector and 
in the Internet ecosystem. To remain in this leadership position, the 
United States must have policies that promote innovative and efficient 
use of the radio spectrum. The Department and NTIA have a critical role 
in ensuring that spectrum is made available in a manner that both 
advances innovation and economic prosperity as well as meeting the long 
term needs of the Federal users performing their critical missions.

    Infrastructure. In your committee questionnaire, you note that 
``America is facing an infrastructure crisis'' and we must work 
together to rebuild our infrastructure before we ``lose more ground to 
other countries with more advanced infrastructure.''
    I think we all agree with that statement, but what we need now is a 
plan.

    Question. What specific steps can the Department of Commerce take 
in this area and what new funding do you think will be necessary to 
accomplish this task?
    Answer. Rebuilding America's infrastructure is a critical pillar of 
the President's agenda to promote job creation and grow the U.S. 
economy. I believe the President's plan will help unleash private 
capital and expertise to rebuild our cities and states. If confirmed, I 
look forward to being fully briefed on the Department's current work 
and plans to rebuild American infrastructure and I would diligently 
support the Secretary and relevant Commerce bureaus in working with the 
White House and interagency to develop a plan.

    FirstNet--Independence. As you are aware, FirstNet has made great 
strides over the last few years toward beginning deployment of the 
nationwide wireless broadband network for first responders. Part of 
this success has been a good working relationship with NTIA and 
Department of Commerce leadership, who have respected FirstNet's status 
as an independent entity within NTIA.

    Question 1. Will you commit today to continuing that cooperative 
relationship with FirstNet and respecting FirstNet's statutory 
independence?
    Answer. Congress established FirstNet as an independent authority 
within NTIA which leverages expertise and management experience from 
the telecommunications sector, public safety, and Federal Government. 
If confirmed, I will faithfully interpret the statute to support the 
structure Congress put in place.

    Question 2. Will you commit to being an advocate inside the 
department on behalf of FirstNet, including with respect to the need to 
respect its statutory status as an independent entity within the 
department?
    Answer. If confirmed as General Counsel, I will work to ensure 
respect for and compliance with all statutes and other relevant laws 
and regulations, and, if confirmed, I look forward to being an advocate 
for FirstNet and its critical mission.

    Florida Fruits and Vegetables. Florida fruit and vegetable growers 
have had to deal with an influx of subsidized agricultural imports from 
Mexico--such as bell peppers, tomatoes, strawberries, and cucumbers.
    I was glad to see that the U.S. Trade Representative has mentioned 
the need to address this problem in the administration's list of 
objectives for renegotiating NAFTA.
    Florida is one of the few places in the U.S. that produces warm-
weather fruits and vegetables in the winter months. This has led to 
Florida growers being targeted by Mexican producers looking to drive 
out competition and monopolize the market during the winter months.
    It is important that the administration act to ensure that there is 
a fair market for U.S. fruit and vegetable growers--recognizing 
seasonal differences in market conditions.

    Question. What can you commit to do to ensure this happens?
    Answer. As administrator of the laws addressing unfair trade, I 
understand the Department of Commerce is sensitive to the concerns of 
Florida fruit and vegetable growers regarding agricultural imports from 
Mexico. For example, for many years the Department has administered an 
antidumping suspension agreement that governs imports of Mexican 
tomatoes into the United States. As you note, the Administration, as an 
objective in the renegotiation of NAFTA, is seeking a separate industry 
provision for perishable and seasonal products in antidumping and 
countervailing duty proceedings. If confirmed, I assure you that I will 
strongly support the Department's mission to enforce our trade laws, in 
addition to efforts to strengthen those laws for the benefit of U.S. 
producers, including the Florida fruit and vegetable growers.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Amy Klobuchar to 
                           Peter B. Davidson
    Rural Broadband Deployment. As co-chair of the Senate Broadband 
Caucus, I believe broadband deployment is the infrastructure challenge 
of our generation. To help close the digital divide I have been 
advancing legislation to promote ``dig once'' policies and streamline 
the permitting process on Federal lands. Provisions based on my 
legislation passed the Commerce Committee in January as part of the 
MOBILE NOW Act. Mr. Davidson if confirmed, you will provide legal and 
policy direction to the National Telecommunications and Information 
Administration.

    Question. Will you work with me to advance rural broadband 
deployment through policies like dig-once?
    Answer. Yes, if confirmed, I look forward to working with Congress 
to implement policies that promote broadband deployment nationwide in 
the most expeditious and cost effective manner possible.

    Steel-Dumping. More than 4,000 jobs in Minnesota are associated 
with the iron ore and steel industries. Our steelworkers and iron ore 
miners can compete with anyone in the world, but when foreign producers 
dump cheap steel in our country, it undercuts our domestic industry and 
puts American jobs at risk. American workers and businesses deserve a 
level playing field and the Department of Commerce is essential to 
making that happen.

    Question. How will the Counsel's office work with counterparts 
within the Commerce Department to combat steel-dumping?
    Answer. I am concerned about the effects of unfair trade and global 
excess capacity on our iron ore and steel industries. The Department of 
Commerce has a strong record of enforcing U.S. laws addressing unfair 
trade, particularly relating to imports of steel products. The 
Department is currently enforcing approximately 200 antidumping and 
countervailing duty orders on steel and steel-related products, and the 
Office of General Counsel has a team of lawyers that directly support 
these trade enforcement and compliance efforts. The Department also is 
closely involved in the G-20-sponsored Global Forum, which provides a 
key opportunity to work with America's trading partners to identify 
market-distorting policies that sustain excess capacity, develop best 
practices, and promote the conditions for a healthy steel sector. I 
assure you that, if confirmed, I will be fully engaged in all of the 
Department's efforts to combat unfairly traded imports, including those 
affecting iron ore and steel producers.
                                 ______
                                 
 Response to Written Questions Submitted by Hon. Richard Blumenthal to 
                           Peter B. Davidson
    National Marine Monuments. In April, President Trump signed an 
executive order directing the U.S. Department of the Interior to review 
certain national monuments designated under the Antiquities Act of 
1906.
    As part of this review, the Secretary of the Interior was directed 
to work with other cabinet secretaries, including the Secretary of 
Commerce, when reviewing marine national monuments. To facilitate this 
collaboration, the Secretary of the Interior is supposed to share 
whatever information the Interior Department receives with other 
departments. But it does not appear that this is the case.
    It is my understanding that the Department of the Interior is not 
sharing relevant information or public comments with other 
departments--like the Department of Commerce--regarding national 
monument reviews, including comments I provided to the department in 
support of the Northeast Canyons and Seamounts Marine National 
Monument.

    Question 1. Has the Department of Commerce received all the 
relevant information and public input from the Department of the 
Interior?
    Answer. If confirmed, I look forward to learning more about the 
status of the ongoing review required by Executive Order 13792, and 
whether the Department has received the relevant comments.

    Question 2. If you are confirmed as General Counsel, what steps 
will you take to ensure that Interior provides this information to your 
department, as required?
    Answer. If confirmed, I look forward to establishing a cooperative 
relationship with my counterpart at the Department of the Interior, and 
will follow up to ensure we have received the relevant public comments 
as required by the Executive Order.

    Question 3. The Department of Commerce generates some of our 
country's most important and vital statistics, from census information 
to fisheries data. If confirmed as General Counsel, can I get your 
commitment that you will ensure the Department of Commerce 
collaboratively shares all requested information with the public as 
well as other departments and agencies?
    Answer. Yes. The Department of Commerce plays a critical role in 
collecting and disseminating data. If confirmed as General Counsel, I 
will support the Department's efforts to collaboratively share 
information with the public and others, pursuant to relevant laws and 
regulations.

    Question 4. And that you will do so in a way that ensures any 
personal information is kept secure?
    Answer. Yes, if confirmed, I will work to ensure that all such 
personal information is kept secure as required by law.

    President Trump's Pending Business Before the Patent & Trademark 
Office. President Trump has many trademarks. This is how the president 
has made much of his money: securing trademarks--often that bear his 
name or brand--and then selling the rights to others who make a product 
and sell it using the trademark. Those trademarks go before the PTO.
    The U.S. Patent and Trademark Office is housed within the 
Department of Commerce. I raised concerns with the Commerce Secretary 
nominee in January that President Trump or his staff or family could 
exert undue influence over PTO staff to urge them to grant the 
president's trademark applications.
    In response, Secretary Ross explained that he had spoken with 
Michelle Lee, who was the head of the PTO at the time, and was 
impressed by the way she handled matters related to Google, her former 
employer, and that he hoped to ``emulate the standard'' she established 
when dealing with matters related to President Trump's businesses. But 
Ms. Lee is no longer the head of the PTO. She resigned in June, and, 
like he has with so many other key posts in his administration, 
President Trump has failed to name a replacement.

    Question. If confirmed, you will be the Department of Commerce's 
chief legal officer. What is your plan to ensure that any patent or 
trademark application submitted by a business connected to the 
president or a member of his family follows the same rigorous process 
that any other applicant must follow?
    Answer. If confirmed, I will work with the PTO in efforts to ensure 
its policies and procedures are applied fairly and consistently to all 
applicants regardless of the identity of the applicant or party 
appearing before the agency.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Cory Booker to 
                           Peter B. Davidson
    In a series of three letters dated February 16, 2017, February 24, 
2017, and March 10, 2017, I, along with Senators Nelson, Blumenthal, 
Markey, Udall, and Baldwin asked Secretary Ross several questions 
related to his position as Vice-Chairman of the Board of Directors of 
the Bank of Cyprus and information Secretary Ross may have regarding 
contact between Russian interests, the Trump Organization, the Trump 
family, and the Trump presidential campaign. Despite the extremely 
serious nature of our inquiries, Secretary Ross has not responded to 
any of the three letters to date.

    Question 1. Are you aware of the aforementioned letters?
    Answer. I am not aware of the letters beyond what has been publicly 
described in the press.

    Question 2. When can we expect a response from Secretary Ross?
    Answer. I am not aware of any decision or timeline regarding a 
response.

    Question 3. If the Secretary has indeed chosen not to respond, 
please indicate the basis for his refusal to cooperate with this 
Committee's constitutional duty to exercise proper oversight on issues 
regarding the executive branch.
    Answer. As indicated above, I am not aware of any decision 
regarding a response.
                                 ______
                                 
Response to Written Questions Submitted by Hon. Catherine Cortez Masto 
                          to Peter B. Davidson
    Fostering Innovation and Economic Growth. The National Institute of 
Standards and Technology (NIST) is a measurement standards laboratory 
established that promotes innovation and industrial competitiveness in 
the United States by advancing measurement science, standards, and 
technology. In Reno, which is increasingly positioning itself as a 
technology and manufacturing hub, NIST's Manufacturing Extension 
Partnership awarded over $750,000 in first-year funding to the 
University of Nevada-Reno dedicated to enhancing the productivity and 
technological performance of U.S. Manufacturing. As General Counsel for 
the Department of Commerce, you will be overseeing the rule making 
process for various programs, including NIST, which has been 
particularly important to fostering economic growth in Northern Nevada.

    Question. If confirmed, what steps will you take to ensure that the 
Department continues to focus on fostering innovation and technological 
growth across our economy?
    Answer. If confirmed, I will work to ensure the ability of NIST and 
all Department of Commerce bureaus to execute their statutory and 
regulatory responsibilities as effectively and efficiently as possible. 
I understand that the Administration and the Department are committed 
not only to creating jobs, but to creating the jobs of the future. If 
confirmed, I will support the Department's wide variety of efforts to 
foster technological innovation, such as NIST's work on cybersecurity 
and advanced manufacturing and communications technologies, NTIA's work 
on information policy and spectrum use, ITA's work on promoting and 
ensuring fair digital trade, and PTO's work on strong protections for 
intellectual property.

    NTIA and BroadbandUSA. In January, President Trump signed the 
Presidential Executive Order on Reducing Regulation and Controlling 
Regulatory Costs. This executive order calls for at least two existing 
regulations to be repealed for every new regulation proposed by an 
executive department or agency. The National Telecommunications and 
Information Administration (NTIA) is the Executive Branch agency that 
is principally responsible for advising the President on 
telecommunications and information policy issues, and is one of the 
chief entities responsible for expanding broadband to rural areas 
across the country. As you know, the NTIA overseas the BroadbandUSA 
program, which has been tasked with providing guidance for how to 
accelerate broadband deployment across rural America.

    Question 1. As General Counsel, how do you see President Trump's 2 
for 1 Executive Order regarding future rules affecting the progress of 
various programs with the Department, including BroadbandUSA?
    Answer. I understand the Executive Order is designed to promote the 
financially responsible expenditure of both taxpayer and private 
resources and reduce unnecessary regulatory burdens on business 
opportunity and the American people. Through the Department-wide 
efforts to further these goals and the Department's programs, I expect 
we will utilize the expertise and recommendations of the bureaus and 
programs within the Department in making reform proposals that may 
impact them, including NTIA and its role in the development of the 
Administration's broadband infrastructure policies and strategies for 
increased deployment and adoption. If confirmed, I look forward to 
working with Congress to implement policies that promote broadband 
deployment nationwide in the most expeditious and cost effective manner 
possible.

    Question 2. Can you explain your interpretation of the President's 
Executive Order, and how you plan to implement the order with the 
Commerce Department, if confirmed?
    Answer. Executive Order 13771 on Reducing Regulation and 
Controlling Regulatory Costs requires that, for every significant new 
regulation that is issued, at least two prior rules must be identified 
for elimination. It is my understanding that this ``two-for-one'' 
requirement does not apply to rules that are deregulatory in nature or 
to rules deemed not significant (i.e., transfer rules). Additionally, 
under the Executive Order the cost of planned regulations must be 
prudently managed and controlled, and the total incremental cost of 
implementing new regulations must generally be no greater than zero. I 
understand this Presidential directive to promote the financially 
responsible expenditure of both taxpayer and private resources and 
recognize this Administration's mission to reduce unnecessary 
regulatory burdens on business opportunity and the American people. To 
that end, if confirmed I will work diligently with the Department and 
its Regulatory Reform Task Force, as well as the public, external 
stakeholders, Congress, and other agencies to ensure that the 
Department is considering the appropriate rules for regulatory reform, 
and that any proposed regulatory actions are properly issued for public 
notice and comment.

    Question 3. What is the process by which you will identify rules 
that will need to be repealed in order for new rules to take effect?
    Answer. If confirmed, I look forward to being fully briefed on the 
Department's current work and plans pertaining to its regulatory reform 
agenda. I would diligently work with Department leaders across its 
bureaus, and with the Department's Regulatory Reform Task Force, to 
first identify regulations that are outdated, obsolete, or ineffective. 
Then, if confirmed, I would welcome the opportunity to engage with all 
interested groups and stakeholders, public and private, to discuss new 
areas for reform and streamlining that will better utilize government 
resources and prevent unnecessary regulatory burdens from hindering 
business opportunity and economic growth. If confirmed, I commit to 
ensuring that all regulatory reform proposals are presented to the 
public for notice and comment and go through the necessary legal 
requirements under the Administrative Procedures Act.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Bill Nelson to 
                           Karen Dunn Kelley
    Renewable Energy Jobs. I believe it was a mistake for the president 
to pull out of the Paris Agreement on climate change. The potential for 
job growth in the clean energy sector far outpaces the potential for 
growth in the fossil fuel industry. In fact, a recent report by the 
Department of Energy showed that, between 2015 and 2016, solar 
electricity jobs grew by around 24 percent, while wind-based 
electricity jobs grew by nearly 32 percent and jobs tied to bioenergy 
electricity grew by 33 percent--compared to a less than 10 percent 
increase in jobs tied to fossil fuel-based electricity.
    To turn our backs on this potential and close our eyes to the real 
problem of climate change is a grave mistake.
    Since you will be involved in a wide range of matters concerning 
the economic affairs of the United States, it is important that you 
recognize the impact that political decisions--like the decision on the 
Paris Agreement--can have on our economy.

    Question 1. Do you believe the Paris Agreement could have been good 
for economic growth over the long-run?
    Answer. Senator, as someone who comes from the private sector I am 
aware of the rapid, technology-driven growth of the renewable energy 
sector as well as investments made by states and utility companies to 
expand their energy portfolios. However, as someone who is new to 
public service, it would not be appropriate for me to offer an opinion 
on the basis of policy decisions or their potential outcomes without 
having more insight into whether the goals and actions of those 
policies are appropriately aligned. I also repeat my pledge to you as 
stated in my opening statement that I will work in a cooperative and 
collaborative manner.

    Question 2. In what ways do you plan to contribute to some of these 
policy discussions within the administration that could impact nascent, 
but promising, sectors of the economy, like the renewable energy 
sector?
    Answer. Senator, I have tremendous respect for Secretary Ross and 
his immense intellect and ability. In my capacity as Under Secretary I 
would be taking his direction on any responsibilities designated to me. 
If confirmed, I know one of his top priorities is ensuring a 
comprehensive high-quality Census that is conducted on time and within 
budget. That is quite a big charge and I am not in a position to 
speculate on responsibilities beyond this important task and my other 
enumerated management roles. For any additional responsibilities, if I 
am confirmed, I would anticipate ensuring we collect the appropriate 
data within our legal authority and present it in a way that maintains 
the integrity of what the data represent.

    Florida Fruits and Vegetables. Florida fruit and vegetable growers 
have had to deal with an influx of subsidized agricultural imports from 
Mexico--such as bell peppers, tomatoes, strawberries, and cucumbers.
    I was glad to see that the U.S. Trade Representative mentioned the 
need to address this problem in the administration's list of objectives 
for renegotiating NAFTA.
    Florida is one of the few places in the U.S. that produces warm-
weather fruits and vegetables in the winter months. This has led to 
Florida growers being targeted by Mexican producers looking to drive 
out competition and monopolize the market during the winter months.
    It is important that the administration act to ensure that there is 
a fair market for U.S. fruit and vegetable growers--recognizing 
seasonal differences in market conditions.

    Question. What can you commit to do to ensure this happens?
    Answer. Senator, like you I want to see American growers, 
producers, and businesses of all kinds succeed. I am encouraged by the 
steps in the media I have read about of Secretary Ross's action to 
promote not only free, but fair trade with our trade partners. If 
confirmed, I am committed to working with my colleagues within the 
Bureau of Industry and Security who oversee much of the enforcement of 
our trade agreements as well as my colleagues in the International 
Trade Administration who identify unfair practices and who will work to 
negotiate stronger and modernized trade deals in the future.

    Statistical Integrity. The collection of comprehensive, neutral, 
and nonpartisan data is central to implementing and evaluating a wide 
array of law and policies. You will be overseeing the Economics and 
Statistics Administration (ESA), which includes two of the Nation's 
leading information agencies: The Census Bureau and the Bureau of 
Economic Analysis (BEA). Therefore, I would like you to clearly state 
your position on what you would do if you came under fire for 
statistical information that ran counter to a narrative being pushed by 
the White House.

    Question 1. How would you deal with that situation?
    Answer. Senator, as I mentioned in my opening statement, I have 
been a user of the data that these agencies produce throughout my 
entire 35-year career in finance and financial services. In fact, the 
entire finance industry revolves around decisions that are connected to 
the data that the Department of Commerce produces. If that data lacks 
integrity it jeopardizes the decisions we make on behalf of our clients 
and customers, thereby undermining much more than just the financial 
industry. If confirmed, I will take very seriously my charge to ensure 
the accuracy of our data and am committed to maintaining the integrity 
of this data because I believe, through experience, that the best 
actionable decisions we can make are only derived from data we can be 
confident in. I will never use data that I have reason to believe is 
anything other than genuine.

    Question 2. Will you commit to resisting any efforts by the 
administration to manipulate or change data that is overseen by ESA, 
and to immediately notify this committee of any request for you to do 
so?
    Answer. Senator, as I mentioned in my opening statement, you will 
find in me a partner who will communicate, collaborate and cooperate 
with you to the fullest extent and most appropriate manner in which I 
am able to do so.

    2020 Census--Leadership. In your committee questionnaire, you note 
that one of your key objectives is preparing for an ``efficient, 
effective, and accurate 2020 Census.'' I certainly agree with you on 
that.
    Unfortunately, we have heard stories about how current efforts to 
prepare are failing. In February, it was added to the Government 
Accountability Office 2017 High Risk List. And the Census Bureau 
currently lacks leadership in its top positions.

    Question 1. What specific steps do you plan to take to ensure that 
the 2020 Census is successful?
    Answer. Senator, staying within budget is crucial and something 
that I constantly have had to deal with in the private sector. I 
believe that despite the current challenges we can get the 2020 Census 
in order moving forward. I also understand from recent testimony given 
by Secretary Ross before the House and Senate Appropriations Committees 
that the Department is already increasing its level of oversight of the 
Census Bureau, especially of the 2020 Census Enterprise Data Collection 
and Processing program. Further, I understand that the Department is 
working with the Office of Management and Budget to conduct a review of 
what caused certain cost overruns to validate the budget estimates and 
provide an estimate of a worst-case scenario.
    Regarding leadership, Secretary Ross has named an Acting Director 
and a Deputy Director of the Census who are part of a dedicated 
professional staff. If confirmed, I will work with these key 
stakeholders to ensure operations and timelines proceed properly.

    2020 Census--American Community Survey (ACS). Because its 
appropriations requests have not been fulfilled in recent years, the 
Census Bureau has been forced to make some difficult choices, opting to 
delay or cancel some testing and other preparatory activities. It has 
also reduced the size of the American Community Survey (ACS) sample and 
the number of follow-up contacts with non-responding households.

    Question 1. Do you support the full scope of the Census Bureau's 
current work?
    Answer. Senator, my understanding is that Secretary Ross has 
initiated an effort to impose management discipline on the 2020 Census 
and conduct a rigorous review on costs. I am committed to working with 
him on that effort and to ensure we have a comprehensive, high quality 
2020 Census to meet our constitutional mandate.

    Question 2. Which of its surveys do you believe should be 
prioritized?
    Answer. Senator, my commitment and that of the Secretary is to 
conduct a comprehensive, high quality 2020 Census that is completed in 
a timely manner and adequately reflects the U.S. population and to do 
that within the budget Congress provides. However, it would not be 
appropriate for me to comment on the priority of surveys that the 
Census Bureau produces. If confirmed, I will work closely with 
Secretary Ross to ensure the effective and meaningful management and 
oversight of the 2020 Census and the economic statistical programs at 
the Department of Commerce.

    Question 3. What safeguards would you put in place at the 
Department of Commerce to uphold the integrity of the decennial census, 
ACS, and other Census Bureau surveys and statistical programs, and 
shield these programs from any effort to influence the collection and 
tabulation of data for partisan purposes?
    Answer. Senator, if confirmed I am committed to maintaining the 
integrity of a rigorous process that includes the Census, Congress, and 
Federal Agencies and is politically neutral in determining any and all 
appropriate topics and questions collected through any survey 
distributed by the Census Bureau.

    Retained Financial Interests. Pursuant to your Ethics Agreement, 
you will retain your financial interests in three entities.

    Question. Please provide the following additional information about 
Corent Technology Series D, Invesco Mortgage Capital Inc., and WLR/IVZ 
Mortgage Recovery Associates, LLC:

   The general purpose and mission of the entity and its 
        assets;

   The total sum of all assets currently held by the entity;

   A list of all Directors and Officers of the entity; and

   The names of other people or entities with an interest in 
        the entity.

    Answer. 1. a. Corent Technology, headquartered in Aliso Viejo, 
California, develops cloud computing technologies.''
    b. The total sum of all assets currently held by the entity;
    ``Corent Technology a privately held company in which I am a 
passive investor. I do not have information on the total sum of assets 
held by the company.'' (Unless you have Corent's most recent financial 
statements, in which case you could provide its total asset number 
unless you are bound by confidentiality.)
    c. A list of all Directors and Officers of the entity; and
    Feyzi Fatehi, Chief Executive Officer, Chairman of the Board
    Shafi Syed, CTO, EVP Operations & Co-Founder Board Member, 
Management Team, Executive
    Mike Muller, Managing Director, Asia Pacific
    Scott Chate, VP Partner & Market Development, Management Team, 
Executive
    Sean Jazayeri, Senior Exec--Strategic Alliances & Initiatives
    Larry Aiken, Director of Marketing, Management Team, Executive
    Mehrdad Tabrizi, Co-founder, Board Member
    Mark Verbeck, Board Member
    d. The names of other people or entities with an interest in the 
entity.
    ``I am an individual passive investor in this company and do not 
have information on other people or entities with an interest in the 
company.''
    2. a. Invesco Mortgage Capital Inc. is a real estate investment 
trust that acquires, finances and manages residential and commercial 
mortgage-backed securities and mortgage loans.
    b. According to its Q1 2017 financial statements, Invesco Mortgage 
Capital Inc. holds $16,707,287,000 in total assets.
    c. Senior Management:
    John M. Anzalone, Chief Executive Officer
    Robson J. Kuster, President, Chief Operating Officer
    Richard Lee Phegley Jr., Chief Financial Officer
    Jason Marshall, Chief Investment Officer
    David Lyle, Executive Vice President Residential Credit
    Kevin Collins, Executive Vice President Commercial Mortgage Credit
    Board of Directors:
    James S. Balloun, Chairman
    John S. Day, Non-Executive Director
    Karen Dunn Kelley, Director
    Edward J. Hardin, Non-Executive Director
    James R. Lientz Jr., Non-Executive Director
    Gregory G. McGreevey, Director
    Carolyn B. Handlon
    Dennis P. Lockhart
    d. Invesco Mortgage Capital Inc. is a publicly traded company.
    3. a. The general purpose and mission of the entity and its assets;
    WLR/IVZ Mortgage Recovery Associates, LLC (the ``Entity'') acts as 
the general partner of limited partnerships associated with a mortgage 
recovery fund sponsored by affiliates of Invesco Ltd. (the ``Fund''). 
The Fund was created to invest in residential and commercial mortgage-
backed securities, residential whole loans, commercial real estate 
loans and other mortgage-related assets.
    b. The total sum of all assets currently held by the entity;
    The Entity's assets consist solely of general partner interests in 
various entities associated with the Fund. The Fund had total assets as 
of March 31, 2017 of $137,000,000.
    c. A list of all Directors and Officers of the entity--
    The Entity does not have directors or officers. Its managing member 
is WL Ross & Co. LLC, which is an affiliate of Invesco Ltd.
    d. The names of other people or entities with an interest in the 
entity.
    The other members of the Entity principally are entities associated 
with Invesco Ltd. and current and former employees of such entities.

    Use of External Data Sources by the Department of Commerce. The 
Department of Commerce utilizes a number of surveys and data collection 
techniques to obtain information about the current state of the 
national economy. However, some of these data collection mechanisms may 
not adequately capture all relevant information for certain sectors, 
such as emerging technologies and advanced manufacturing.

    Question. What are your thoughts on utilizing additional external 
data sources to get a fuller picture of the economic challenges facing 
emerging technologies and advanced manufacturing?
    Answer. Senator, like any data that would be collected or used by 
the Census or Bureau of Economic Analysis, the integrity of that data 
should be a top priority because it could likely be used to inform 
decisions made by policymakers. If confirmed, I pledge to work closely 
with you and Members of Congress to examine ways to potentially improve 
data collection of emerging technologies and advanced manufacturing; 
and if existing or new data can be identified that can also be 
determined to be politically neutral, I would be open to discussing its 
use or integration with the other appropriate Federal agency involved. 
Further, I am pleased to support a collaborative, intellectual review 
of this effort and if confirmed, will work with Secretary Ross to 
ensure the integrity of the data that the Department of Commerce 
produces.
                                 ______
                                 
    Response to Written Question Submitted by Hon. Amy Klobuchar to 
                           Karen Dunn Kelley
    Bureau of Economic Analysis. I introduced the Measuring the 
Economic Impact of Broadband Act with supporters including Senators 
Capito and Sullivan. This bill would call on the Bureau of Economic 
Analysis to measure the economic effects of broadband deployment and 
adoption on the U.S. economy. The study would provide information on 
employment, education, job creation and population growth.

    Question. What steps will you take to ensure the Bureau of Economic 
Analysis continues to produce accurate and reliable reports?
    Answer. Senator, if confirmed, I believe one of my most important 
responsibilities is to ensure the data produced by the Department of 
Commerce meets the standard of the utmost quality and integrity because 
the people of our Nation depend on this high quality data in every walk 
of life. If confirmed, I am committed to maintain a rigorous process 
that includes the Census, the Bureau of Economic Analysis, Congress, 
and Federal Agencies to determine and agree what topics and information 
should be collected and disseminated in a politically neutral way. I 
look forward to working with you and the professional subject matter 
experts at the Bureau of Economic Analysis on legislation enacted into 
law to measure the economic impact of broadband deployment and adoption 
on the U.S. economy.
                                 ______
                                 
 Response to Written Questions Submitted by Hon. Richard Blumenthal to 
                           Karen Dunn Kelley
    Ensuring the Accuracy and Completeness of the 2020 Census. The 
Federal Government has a constitutionally mandated responsibility to 
count and record every man, woman and child living in America.
    This census occurs once every ten years, and the data generated 
determine Congressional representation, help target and direct federal, 
state and local spending, and provide a picture of what the American 
polity and economy looks like. This is why it is so critical that we 
get the census right, that we ensure it is as accurate and as detailed 
as possible.
    The next census is fewer than three years away. The Department of 
Commerce should be well into the preparation process, fully staffed and 
ready to go. Unfortunately, that does not appear to be the case. In a 
July 17, 2017 New York Times editorial, ominously titled ``Save the 
Census,'' the newspaper pointed out problems with implementing the next 
census, such as leadership shortages at the agency and funding 
constraints. Also worrisome, President Trump's unfounded investigation 
into fictional instances of voter fraud has left many Americans wary of 
sharing personal information with any level of our government.
    In your testimony, you highlighted the importance and value of the 
data generated by the Department of Commerce, particularly by the U.S. 
Census Bureau.

    Question 1. If confirmed, how would you ensure that the 2020 census 
produces valid and honest results?
    Answer. Senator, my commitment and that of the Secretary is to 
conduct a comprehensive, high quality 2020 Census that is completed in 
a timely manner and adequately reflects the U.S. population and to do 
that within the budget Congress provides. If I am confirmed, I am 
committed to maintaining the integrity of a rigorous process that 
includes the Census, Congress, and Federal Agencies and is politically 
neutral.

    Question 2. Can I get your commitment to maintain the privacy and 
security of the data obtained by the Census Bureau?
    Answer. Senator you have my commitment to maintain the privacy and 
security of the data obtained by the Census Bureau if I am confirmed to 
the position of Under Secretary of Economic Affairs for the Department 
of Commerce. Coming from the private sector and working in finance, I 
assure you that I am well aware of the grave concerns of personal 
information and sharing data and have great respect for the integrity 
of personal privacy. If confirmed, protecting personal information 
gathered by the Census will be a top concern and priority of mine.

    Question 3. Can you pledge that no Census efforts will be used to 
suppress voting?
    Answer. Yes, absolutely. Senator, you have my pledge on that.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Cory Booker to 
                           Karen Dunn Kelley
    Question 1. Do you support robust funding of the 2020 Census in 
keeping with the Census Bureau's budget requests and the demands of the 
decennial census cycle?
    Answer. My commitment and that of the Secretary is to conduct a 
comprehensive, high quality 2020 Census that is completed in a timely 
manner and adequately reflects the U.S. population and to do that 
within the budget Congress provides.

    Question 2. If confirmed as the Under Secretary of Commerce for 
Economic Affairs, what steps will you take to protect the integrity of 
the 2020 Census and its associated infrastructure, systems, and 
technology?
    Answer. Senator, if confirmed, I believe one of my most important 
responsibilities is to ensure the data produced by the Department of 
Commerce meets the standard of the utmost quality and integrity because 
the people of our Nation depend on this high quality data in every walk 
of life. Additionally, coming from the private sector and working in 
finance, I assure you that I am well aware of the grave concerns about 
protecting personal information and sharing data and I have great 
respect for the integrity of personal privacy. If confirmed, I am 
committed to maintaining a rigorous collaborative process that includes 
the Census, the Bureau of Economic Analysis, Congress, and Federal 
Agencies.
                                 ______
                                 
Response to Written Questions Submitted by Hon. Catherine Cortez Masto 
                          to Karen Dunn Kelley
    Census Accuracy. As I outlined during the hearing, in the 2010 
census, 400,000 Latino children were not counted. 6,000 of these 
children were in Clark County, Nevada.

    Question 1. I wanted to give you another opportunity to explain: 
how you will work to ensure that racial and ethnic minorities, low-
income individuals, and young children are accurately counted?
    Answer. Senator, I recognize this is of great concern to you and 
many Americans. I want to assure you that if confirmed, I will work 
closely with you and Members of Congress to conduct an accurate, 
inclusive 2020 Census. My commitment and that of the Secretary is to 
conduct a comprehensive, high quality 2020 Census that is completed in 
a timely manner and adequately reflects the U.S. population and to do 
that within the budget Congress provides. Further, I will work with the 
appropriate stakeholders and subject matter experts from any community 
to try and achieve that.

    Question 2. And will you prioritize the creation of material in 
multiple languages so that non-English speakers can fully participate?
    Answer. Senator, I understand your concern that the 2020 Census 
must be accessible and understandable to allow people to fully 
participate. If confirmed, I will review the adaption of the 2020 
Census in multiple languages, and will work with you and Members of 
Congress in a cooperative and collaborative partnership on this issue.

    Gender Identity in the American Community Survey. During the 
hearing we also discussed the Census Bureau announcing this spring that 
it would not be collecting data on sexual orientation and gender 
identity in the American Community Survey.

    Question 1. Can I get a direct response on whether you agree with 
this decision by the Census Bureau?
    Answer. Senator, the Census, Congress and Federal agencies together 
conduct a rigorous process in determining what topics and questions 
should be added or changed and I commit to protecting that process in 
the future, if confirmed. My understanding is that the request was 
withdrawn, however, at this time I am not aware of exactly what 
happened on the collection of data on sexual orientation and gender 
identity in the American Community Survey. Therefore, it would not be 
appropriate for me to offer an opinion until I am able to obtain all 
the facts on this matter.

    Question 2. Or more specifically, will you uphold it?
    Answer. Senator, I believe that to make any changes, it is 
important to respect the integrity of the established process among the 
Census, Congress and Federal agencies.

    Question 3. How will you ensure our LGBT community is protected and 
quantified accurately?
    Answer. Senator, as mentioned, my continuing commitment is to 
ensure a rigorous process to include, remove, or change questions as 
they relate to any topic or community.

    2020 Census. Counting every American is an expensive endeavor but 
efforts to reduce costs should not come at the expense of ensuring that 
all Americans are included in our decennial census. The 2020 census 
will be the most intensive undertaking ever of its kind, involving the 
counting of an estimated 334 million residents of our Nation.

    Question 1. What steps will the Census Bureau take to make sure 
every American is counted?
    Answer. Senator, I am committed to putting my full effort behind 
conducting a comprehensive, high quality 2020 Census that is completed 
in a timely manner, within the budget provided by Congress, and that 
adequately reflects the U.S. population. I also understand that the 
Census, by nature and practice, builds redundancy into its operations 
specifically to avoid a single point of failure throughout the process, 
while allowing multiple ways to obtain an adequate count. As an 
example, the Census uses phone calls, mailed paper questionnaires, and 
in-person visits, and anticipates using e-mail, as well, to try and 
reach people. If confirmed, I am committed to working through this 
redundancy process with any stakeholder group.

    Question 2. Will you support the Census Bureau in requesting the 
necessary resources to enable it to conduct an accurate, cost-effective 
census in 2020?
    Answer. Senator, my understanding is that Secretary Ross has 
already initiated an effort to impose management discipline on the 2020 
Census and conduct a rigorous review on costs. I am committed to 
working with him on that effort and to ensure we have a comprehensive, 
high quality 2020 Census to meet our constitutional mandate.

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