[Senate Hearing 117-717]
[From the U.S. Government Publishing Office]


                                                        S. Hrg. 117-717

                           NOMINATIONS TO THE
                 NATIONAL TRANSPORTATION SAFETY BOARD,
                     SURFACE TRANSPORTATION BOARD,
                 AND U.S. DEPARTMENT OF TRANSPORTATION

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

                                HEARING

                               BEFORE THE

                         COMMITTEE ON COMMERCE,
                      SCIENCE, AND TRANSPORTATION
                          UNITED STATES SENATE

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             FIRST SESSION
                               __________

                             JUNE 24, 2021
                               __________

    Printed for the use of the Committee on Commerce, Science, and 
                             Transportation
                             
                             
                 [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]


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


                    U.S. GOVERNMENT PUBLISHING OFFICE
                    
53-123 PDF                 WASHINGTON : 2023                   
                


       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             FIRST SESSION

                   MARIA CANTWELL, Washington, Chair
AMY KLOBUCHAR, Minnesota             ROGER WICKER, Mississippi, Ranking
RICHARD BLUMENTHAL, Connecticut      JOHN THUNE, South Dakota
BRIAN SCHATZ, Hawaii                 ROY BLUNT, Missouri
EDWARD MARKEY, Massachusetts         TED CRUZ, Texas
GARY PETERS, Michigan                DEB FISCHER, Nebraska
TAMMY BALDWIN, Wisconsin             JERRY MORAN, Kansas
TAMMY DUCKWORTH, Illinois            DAN SULLIVAN, Alaska
JON TESTER, Montana                  MARSHA BLACKBURN, Tennessee
KYRSTEN SINEMA, Arizona              TODD YOUNG, Indiana
JACKY ROSEN, Nevada                  MIKE LEE, Utah
BEN RAY LUJAN, New Mexico            RON JOHNSON, Wisconsin
JOHN HICKENLOOPER, Colorado          SHELLEY MOORE CAPITO, West 
RAPHAEL WARNOCK, Georgia                 Virginia
                                     RICK SCOTT, Florida
                                     CYNTHIA LUMMIS, Wyoming
                    David Strickland, Staff Director
                 Melissa Porter, Deputy Staff Director
       George Greenwell, Policy Coordinator and Security Manager
                 John Keast, Republican Staff Director
            Crystal Tully, Republican Deputy Staff Director
                      Steven Wall, General Counsel

                            C O N T E N T S

                              ----------                              
                                                                   Page
Hearing held on June 24, 2021....................................     1
Statement of Senator Cantwell....................................     1
Statement of Senator Wicker......................................     3
Statement of Senator Blumenthal..................................    30
Statement of Senator Peters......................................    73
Statement of Senator Fischer.....................................    75
Statement of Senator Klobuchar...................................    77
Statement of Senator Sullivan....................................    79
Statement of Senator Rosen.......................................    81

                               Witnesses

Hon. Jennifer L. Homendy, Nominee to be Chair, National 
  Transportation Safety Board....................................     4
    Prepared statement...........................................     6
Biographical information.........................................     7
Karen J. Hedlund, Nominee to be a Member, Surface Transportation 
  Board..........................................................    16
    Prepared statement...........................................    18
Biographical information.........................................    19
Dr. Robert C. Hampshire, Nominee to be Assistant Secretary for 
  Research and Technology, U.S. Department of Transportation.....    30
    Prepared statement...........................................    32
Biographical information.........................................    33
Carol A. Petsonk, Nominee to be Assistant Secretary for Aviation 
  and International Affairs, U.S. Department of Transportation...    48
    Prepared statement...........................................    49
Biographical information.........................................    50

                                Appendix

Response to written questions submitted to Hon. Jennifer L. 
  Homendy by:
    Hon. Maria Cantwell..........................................    85
    Hon. Amy Klobuchar...........................................    86
    Hon. Roger Wicker............................................    86
    Hon. John Thune..............................................    89
    Hon. Shelley Moore Capito....................................    89
Response to written questions submitted to Karen J. Hedlund by:
    Hon. Maria Cantwell..........................................    90
    Hon. Roger Wicker............................................    90
    Hon. Dan Sullivan............................................    91
    Hon. Mike Lee................................................    91
    Hon. Shelley Moore Capito....................................    94
    Hon. Cynthia Lummis..........................................    95
Response to written questions submitted to Dr. Robert C. 
  Hampshire by:
    Hon. Maria Cantwell..........................................    96
    Hon. Roger Wicker............................................    97
    Hon. Shelley Moore Capito....................................    98
Response to written questions submitted to Carol A. Petsonk by:
    Hon. Roger Wicker............................................    98
    Hon. John Thune..............................................   100
    Hon. Dan Sullivan............................................   101
    Hon. Mike Lee................................................   101
    Hon. Shelley Moore Capito....................................   104
    Hon. Cynthia Lummis..........................................   104

 
                           NOMINATIONS TO THE
                NATIONAL TRANSPORTATION SAFETY BOARD,
                     SURFACE TRANSPORTATION BOARD,
                 AND U.S. DEPARTMENT OF TRANSPORTATION

                              ----------                              


                        THURSDAY, JUNE 24, 2021

                                       U.S. Senate,
        Committee on Commerce, Science, and Transportation,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:03 a.m., in 
room SR-253, Russell Senate Office Building, Hon. Maria 
Cantwell, Chairwoman of the Committee, presiding.
    Present: Senators Cantwell [presiding], Klobuchar, 
Blumenthal, Peters, Sinema, Rosen, Warnock, Wicker, Thune, 
Fischer, Sullivan, Young, Johnson, and Scott.

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

    The Chairwoman. The Committee on Science--Commerce, 
Science, and Transportation will come to order. We want to 
thank our nominees for being here today. We are going to 
consider the nomination of four very qualified individuals.
    Last week the Committee voted on and passed, the Surface 
Transportation Investment Act, which Ranking Member Wicker and 
I introduced. This important bipartisan legislation makes a $70 
billion down payment on rebuilding and revamping our Nation's 
critical infrastructure, a key to our economic future and 
creating jobs. Together, this committee succeeded in passing 
legislation that makes infrastructure investment that we need 
to be competitive in a global marketplace, and some of the 
nominees that we are going to hear from today are going to help 
confirm that role.
    I pointed out that today, the front page at the Seattle 
Times is ``Bounty of Containers Stress Our Ports''. So, we have 
been saying that this is one of the reasons why we need an 
infrastructure bill, because this level of increase in freight 
throughout, really the United States--my colleagues are 
probably seeing other things, but this report says the handling 
of 330,000 shipping containers has grown 38 percent compared to 
May 2020. So, these are--these are problems that we hope to 
address, and I look forward to hearing form our nominees about 
that.
    First, the consideration of Jennifer Homendy, the Chair of 
the National Transportation Safety Board. Welcome to you and to 
your husband and your daughter, Lexi, who I understand are here 
today. I know Senator Blumenthal is going to give a longer 
introduction, but I would like to say a few words.
    You first served as a member of the NTSB, since August 2018 
and you will bring 25 years of experience in transportation 
safety to this chairmanship. Before joining the NTSB, you 
served as Staff Director for the House Subcommittee on Rails, 
Pipelines, and Hazardous Materials of the Committee on 
Transportation and Infrastructure and held various other 
positions. So, we appreciate your leadership.
    Obviously, the concerns of this committee on aerospace and 
aerospace safety remain paramount. This is an issue, like in 
all areas of automation and human response, whether we are 
talking about the rail sector or the automobile sector or the 
aviation sector. We believe we need to give specific focus to 
this and so I look forward to hearing how you hope to use the 
NTSB to work with us on the legislation that we most recently 
passed, which called for safety trend reports to make sure that 
the most urgent safety needs are constantly being addressed.
    Next, we will consider the nomination of Karen Hedlund, 
member of the Surface Transportation Board. Welcome to you and 
to your son, Alex, who is here today, and your other son who is 
watching remotely. You spent a career advising Federal, State, 
and local governments on the development and financing of 
infrastructure projects across the United States, including 
rail, transit, highways, airports, water, and energy 
facilities. And you have served on the Federal Highway 
Commission as Chief Council and then, at the Federal Railroad 
Administration as Chief Counsel and Deputy Administrator. So, 
we appreciate your leadership.
    As a member of the Surface Transportation Board, you will 
be able to bring considerable experience to resolve disputes on 
the various infrastructure issues related to the Surface 
Transportation Bill.
    Next, we will consider the nomination of Robert Hampshire 
to be the Assistant Secretary of Research and Technology at the 
Department of Transportation. Welcome to you and to your wife, 
Alexandra, who I understand is joining you today. Mr. Hampshire 
currently serves as the Principal Deputy Assistant Secretary 
for Research and Technology Policy at the Department of 
Transportation.
    Before joining the Department, Dr. Hampshire was an 
associate professor at the Gerald R. Ford School of Public 
Policy at the University of Michigan. His research applies 
operation research and data science to analyze novel 
transportation systems, which will focus on environmental 
impacts and access to opportunities.
    You will also be the first chief scientist for the 
Department of Transportation in 40 years. So, we will look 
forward to that, a science-based approach leading the 
department's research and development on technology programs 
will be very much needed and very important. The department's 
research efforts are key to advancing innovation and technology 
developments across the transportation sector and helping 
develop a skilled interdisciplinary transportation workforce 
for the Nation. So, I look forward to hearing from you.
    And finally, the nomination of Carol Annie Petsonk--is that 
right, Petsonk? Am I saying it the right way? To be Assistant 
Secretary for Aviation and International Affairs at the 
Department of Transportation. We welcome you, your husband 
John, and your son Nico. Ms. Petsonk currently serves as the 
Principal Deputy Assistant Secretary for Aviation and 
International Affairs at the Department of Transportation. She 
has over three decades of experience in international 
negotiations on aviation, trade, and environment. Her 
experience brings a significant public and nonprofit sector 
experience, having served at the Department of Justice, the 
Office of U.S. Trade Representatives, for more than 25 years.
    So, these are critical issues. As we all know, building and 
reengaging our global partners on international cooperation for 
aviation safety standards that protect all of the flying public 
is also a big priority for our committee.
    So, again, thank you to all of you for your willingness to 
serve and the things you have already been doing, but your 
willingness to step forward in these new roles.
    Now, I will turn to the Ranking Member, Senator Wicker, for 
his statement.

                STATEMENT OF HON. ROGER WICKER, 
                 U.S. SENATOR FROM MISSISSIPPI

    Senator Wicker. I thank my good friend, the Chair of the 
Committee for convening this hearing to consider the 
nominations of Ms. Jennifer Homendy to be Chairman of the 
National Transportation Safety Board, Ms. Karen Hedlund to be a 
Member of the Surface Transportation Board, Dr. Robert 
Hampshire to be Assistant Secretary for Research and Technology 
at the U.S. Department of Transportation, and Ms. Annie Petsonk 
to be Assistant Secretary for Aviation and International 
Affairs at the U.S. Department of Transportation. These are 
important positions within the Committee's jurisdiction.
    I want to thank Ms. Homendy, welcome her back to the 
Committee, thank her for her service as a member of the NTSB, 
where she has served since August 2018. She has been actively 
involved in the NTSB's critical work investigating the causes 
of accidents in our transportation system. You have got some 
more work to do as of yesterday, Ms. Homendy, and making 
recommendations for safety improvements.
    I am hoping that her experience will fill a crucial 
leadership role at the NTSB when Chairman Robert Sumwalt 
retires at the end of June. I want to thank Chairman Sumwalt 
for his 15 years of service at the NTSB, with the last 4 years 
serving as Chair.
    Karen Hedlund has been nominated to serve as a Member of 
the Surface Transportation Board, which provides principal 
oversight of the Nation's freight rail system. Ms. Hedlund 
brings a wealth of experience as a former Chief Counsel and 
Deputy Administrator at the Federal Railroad Administration, as 
well as extensive experience in other government and private-
sector roles, making her a strong candidate for this position 
at the Surface Transportation Board. The STB is currently 
considering a number of consequential issues, including 
Amtrak's Gulf Coast Rail Access petition, and Ms. Hedlund's 
knowledge and expertise on rail matters are valuable 
credentials for these and other matters coming before the STB.
    I also want to thank STB member and former Chair Ann 
Begeman for her service, as her term comes to an end. She has 
served with distinction on the STB for over a decade.
    Dr. Robert Hampshire is the President's nominee to be 
Assistant Secretary for Research and Technology at the U.S. 
Department of Transportation. The person filling this position 
will work across all modes of the department to facilitate 
information sharing and policy development with respect to new 
and emerging technologies, transportation data, and research.
    Dr. Hampshire has a commendable academic and professional 
record, but I am deeply concerned by his failure to file 
Federal, State, and local tax returns in a timely manner for 
four years in a row, finally filing them several years late for 
some tax years. Dr. Hampshire has been nominated to a position 
of trust and responsibility in the U.S. Government. Filing tax 
returns when due and paying taxes when owed is one of the most 
basic legal and civic duties in our democracy.
    And then, Ms. Annie Petsonk has been nominated to serve as 
Assistant Secretary for Aviation and International Affairs. 
Among the numerous duties of this position, the most important 
one to my constituents is developing policies to improve access 
for small and rural communities to the broader commercial 
aviation system, an issue that is near and dear to my heart. 
Ms. Petsonk has worked on aviation issues throughout her 
career, and I look forward to hearing from her today about her 
plans and goals, should she be confirmed to this position.
    So, thank you, Madam Chair, and thank all the nominees, all 
of the nominees, for their willingness to serve and for their 
appearance before the Committee.
    The Chairwoman. Thank you, Senator Wicker. We will start 
now with Ms. Homendy. Thank you so much for being here and we 
look forward to your statement.

  STATEMENT OF HON. JENNIFER L. HOMENDY, NOMINEE TO BE CHAIR, 
              NATIONAL TRANSPORTATION SAFETY BOARD

    Hon. Homendy. Thank you. Chair Cantwell, Ranking Member 
Wicker, and members and staff of the Committee, I am extremely 
grateful and deeply honored to appear before you today, as 
President Biden's nominee to serve as Chair of the National 
Transportation Safety Board.
    Before I begin, I would like to introduce my husband, Mike, 
and my daughter, Lexi, and thank them for all their 
encouragement and support. And I would also like to recognize 
my parents, Sante and Nancy, my brother Bryan and Katerina, my 
sister Erin, and numerous friends and family, who are watching 
online.
    The Chairwoman. Could I ask you to hold for 1 second?
    Hon. Homendy. Sure.
    The Chairwoman. So, I wanted to give--our colleague, 
Senator Blumenthal, wanted to say some words of support and I 
think he is remote.
    Senator Wicker. Quite remote.
    [Laughter.]
    The Chairwoman. OK. Well, when he show--we will give him 
the chance whenever he appears. Thank you so much, keep going.
    Hon. Homendy. Thank you. As many of you know, I have served 
as a member of the NTSB since August 2018, but my passion for 
improving safety and for supporting the critical safety mission 
of the NTSB spans nearly two decades. Prior to joining the 
Board, I served as Democratic Staff Director of the 
Subcommittee on Railroads, Pipelines, and Hazardous Materials 
for more than 14 years. During that time, I worked closely with 
the NTSB and many of you and your staff to implement our safety 
recommendations.
    Throughout my tenure on the Board, my passion for safety, 
for our mission, for our duty to identify opportunities to 
improve safety and save lives, and for families who have lost 
loved ones in preventable tragedies, has grown tremendously.
    The NTSB has an extraordinary workforce supporting that 
mission. I have been on-scene at accidents in many of the 
states of the Senators who are represented on this committee--
Connecticut, Massachusetts, Hawaii, and Alaska. And I have seen 
firsthand how hard our investigators work to determine how a 
crash occurred and what safety measures, if implemented, would 
prevent it from happening again.
    I have worked on-scene with our incredible transportation 
disaster assistance team who provide support to families and 
victims following tragedies. And I have worked extensively with 
our safety recommendations and communications team, to share 
lessons we have learned from our investigations and advocate 
for the implementation of our safety recommendations.
    And I am proud to work with many, many others at the NTSB 
who work tirelessly to support our Agency's safety mission. 
Their hard work, professionalism, and dedication is why the 
NTSB is so highly regarded as the world's foremost safety 
agency. I am honored to represent them as a Board member, and I 
want to thank each of them for all that they do.
    If confirmed, I recognize how fortunate I will be to lead 
this agency going forward. Like other Federal agencies, we have 
challenges. In the short-term, we have to determine how best to 
safely bring back our workforce from maximum telework due to 
COVID. To me, our workforce is our most valuable asset, so we 
have to be mindful of their needs and thoughtful about our 
approach to safely bringing them back to the workplace.
    Many employees will have unique challenges because of the 
way COVID has impacted their lives. And we need to recognize, 
and work to help address those challenges as best we can.
    In the long-term, we need to begin the process for 
succession planning. About 30 percent of our workforce is 
retirement eligible. We are initiating a Workforce Needs 
Assessment to evaluate our existing workload and determine what 
skill sets we will need five or 10 years down the road, to 
create a diverse and inclusive workforce for the future.
    We also need to continue moving forward with our efforts to 
reduce the length of time it takes to complete our 
investigations, without compromising the integrity of our 
investigative process and the quality of our investigative 
products.
    Additionally, I believe the Chair is in a unique position 
to actively work with our safety partners, including DOT, to 
implement our safety recommendations that would prevent 
tragedies and injuries and save lives. If confirmed, I look 
forward to working with my fellow Board members and NTSB staff 
on all these endeavors.
    Finally, I want to take a moment to thank you and your 
incredible staff, many of whom I am proud to call my friends. 
The NTSB and this committee have partnered over the years to 
address many safety gaps identified through our investigations. 
It has been such a privilege to be a part of that partnership, 
and I look forward to continuing its growth, should I be 
confirmed as Chair.
    Thank you, again, for this opportunity. I look forward to 
answering your questions.
    [The prepared statement and biographical information of 
Hon. Homendy follow:]

 Prepared Statement of Hon. Jennifer L. Homendy, Nominee to be Chair, 
                  National Transportation Safety Board
    Chair Cantwell, Ranking Member Wicker, and Members of the 
Committee, thank you for the opportunity to appear before you today as 
President Biden's nominee to serve as Chair of the National 
Transportation Safety Board (NTSB).
    Before I begin, I'd like to introduce my husband, Mike, and my 
daughter, Lexi, and thank them for their constant encouragement, 
guidance, and support. I would also like to recognize my parents, Sante 
and Nancy, my sister and brother-in-law, Erin and Richard, my brother 
and sister-in-law, Bryan and Katerina, and numerous friends and family, 
who are watching this hearing online.
    I also want to thank my team--my senior advisor, Erik Strickland, 
and my confidential assistant, Stephen Stadius, as well as Joseph 
Schmoll who is here today and serves as the NTSB's Government and 
Industry Affairs Representative--my colleagues on the Board, Chairman 
Sumwalt, Vice Chairman Landsberg, Member Graham, and Member Chapman, 
and all the NTSB staff for their continued dedication to safety.
    Finally, I want to thank each of you and your incredible staff, 
many of whom I'm proud to call my friends. The NTSB and this Committee 
have partnered over the years to address safety gaps identified through 
our investigations. It has been a privilege to be a part of that 
partnership and I look forward to continuing its growth, should I be 
confirmed as Chair.
    As many of you know, I have served as a Member of the NTSB since 
August 2018, but my passion for improving safety and for supporting the 
critical safety mission of the NTSB spans nearly two decades. Prior to 
joining the Board, from 2004 to 2018, I served as Democratic Staff 
Director of the Subcommittee on Railroads, Pipelines, and Hazardous 
Materials for the Committee on Transportation and Infrastructure, U.S. 
House of Representatives. During that time, I worked closely with the 
NTSB and many of you and your staff to implement longstanding safety 
recommendations through legislation.
    During my tenure on the Board, my passion for safety, for families 
who have lost loved ones in preventable tragedies, for our mission, for 
our duty to identify opportunities to improve safety for all Americans 
and save lives, and for our incredible workforce has grown 
tremendously.
    I have been on-scene at accidents in many of your states- Alaska, 
Hawaii, Connecticut, to name a few. I have seen first-hand how hard our 
investigators work to determine how a crash occurred and the safety 
measures which, if implemented, would prevent a similar crash from re-
occurring. I have worked with our transportation disaster assistance 
team who provide support to victims and their families following 
tragedies. I have worked with our safety recommendations and 
communications team as we share the lessons learned from our 
investigations and advocate for the implementation of our safety 
recommendations, as well as hundreds of others at the NTSB who work 
tirelessly to support our agency's safety mission.
    Their hard work, professionalism, and dedication is why the NTSB is 
so highly regarded as the world's preeminent safety agency. I am so 
proud to represent them as a Board Member, and I want to thank each of 
them for all that they do. If confirmed, I recognize how fortunate I 
will be to lead this agency going forward.
    Like other Federal agencies, COVID-19 presented challenges to our 
workforce and in carrying out our mission, but within a matter of days, 
we transitioned seamlessly to maximum telework. Shortly after the start 
of the pandemic, we put together a COVID Reintegration Team and 
implemented a comprehensive risk assessment to help guide our on-scene 
investigative work, with the ultimate goal of prioritizing the safety 
and health of our employees. Even with the challenges presented by the 
pandemic, our agency did not miss a beat. Our investigative staff 
across all the modal offices completed 1,556 investigations, decreasing 
our backlog by 27 percent.
    Following guidance from the Office of Management and Budget, our 
COVID Reintegration Team is working to determine how best to safely 
bring back our workforce. Many of our employees have children or other 
loved ones who are at home with no school, summer camps, or other care 
options available to them. Many others care for loved ones who have 
health conditions that make them vulnerable to complications if exposed 
to COVID. Some of our workers have health conditions which put them 
into high-risk categories while others, including their children, have 
not been vaccinated. We need to be mindful of this and will be 
thoughtful about our approach to bringing our employees back to the 
workplace. Our ``new normal'' won't look like our old normal. However, 
I am confident that we will continue to carry-out our safety mission 
efficiently and effectively.
    In the long-term, we need to begin the process for succession 
planning. About 30 percent of our workforce is retirement eligible. 
Technology is constantly evolving and being integrated into our 
transportation system. For these reasons, we are initiating a workforce 
needs assessment to evaluate our existing workload and identify our 
immediate gaps and future needs in resources. The assessment will help 
us determine what we will need 5 or 10 years down the road by 
evaluating industry trends and determining what resources are required, 
what skillsets we will need, and how we will find those resources and 
skills. And it is absolutely critical, as we look at our resources, 
that we maximize our opportunities to create a diverse and inclusive, 
highly-skilled workforce of the future.
    Additionally, we need to continue moving forward with our efforts 
to reduce the length of time to complete our investigations without 
compromising the integrity of our investigative process, and the 
quality of our investigative products.
    If confirmed, I look forward to working with our talented staff on 
all these endeavors and with each of you as you continue your great 
work to improve safety in all modes of transportation.
    Thank you again for this opportunity. I look forward to answering 
your questions.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used):

        Jennifer Lynn Homendy

        Jennifer Esposito Homendy

        Jennifer Lynn Esposito (maiden name)

    2. Position to which nominated: Chair, National Transportation 
Safety Board (NTSB)
    3. Date of Nomination: April 27, 2021
    4. Address (List current place of residence and office addresses):

        Residence: Information not provided to the public.
        Office: National Transportation Safety Board, 490 L'Enfant 
        Plaza East, SW, Washington, DC 20590

    5. Date and Place of Birth: November 26, 1971; New Britain, CT
    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).

        Michael Scott Homendy (spouse), Director of Product 
        Development, Robbin-Gioia, LLC

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

        Master of Transportation Safety Administration, Institute for 
        Global Road Safety and Security, Clemson University; 
        anticipated graduation, 2022
        Bachelor of Arts, Humanities, The Pennsylvania State 
        University, graduated 1994

    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.
Management-level jobs:

        Member, National Transportation Safety Board, August 2018 to 
        present

        Democratic Staff Director, Subcommittee on Railroads, 
        Pipelines, and Hazardous Materials, Committee on Transportation 
        and Infrastructure, U.S. House of Representatives, June 2004 to 
        August 2018
Non-managerial jobs:
        Legislative Representative, International Brotherhood of 
        Teamsters, June 1999 to June 2004

        Legislative Representative, Transportation Trades Department, 
        AFL-CIO, 1997-1999

        Manager of Government Relations, American Iron and Steel 
        Institute, 1996-1997 (Legislative Representative, 1996)

        Senate Assistant, National Federation of Independent Business, 
        1994-1996

        Following graduation from The Pennsylvania State University in 
        September 1994, I served as a paid temporary staff assistant 
        for two weeks for Congressman Lamar Smith (R-TX) while staff 
        was on leave. Immediately prior to graduation, I worked as an 
        unpaid intern for Senator Arlen Specter (R-PA, at the time) in 
        his Harrisburg, Pennsylvania district office.

    9. Attach a copy of your resume.
    Please see attached resume.
    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.

        2017: President, Baffa Academy Association, a parent 
        association for my daughter's former dance academy (not 
        compensated). I resigned from this position upon confirmation 
        on July 25, 2018, in accordance with the terms of my ethics 
        agreement with the NTSB's Designated Agency Ethics Official 
        (DAEO).

        On and off from 2010-2016: Board Member and President of the 
        River Meadows Community Association (not compensated).

        2012-2015: Partner, Mommy Trader Movement, LLC (MTM), 
        Fredericksburg, Virginia (not compensated). MTM was initially 
        formed to help 5,000 local mothers buy, sell, and trade used 
        toys, clothing, furniture, and other items through a Facebook 
        group page to help reduce family expenses. Over time, MTM 
        expanded to host events that raised funds for the benefit of a 
        local YMCA financial hardship campaign and various 
        Fredericksburg families-in-need. MTM also organized classes 
        aimed at reducing costs for families; promoted local family-
        friendly events and small businesses; and published family-
        friendly articles in Fredericksburg Parent and Family magazine.

    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 
religiously affiliated organization, private club, or other membership 
organization. (For this question, you do not have to list your 
religious affiliation or membership in a religious house of worship or 
institution.). 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 disability.

        Member, Washington Area Bicyclist Association (2020)

        Member, American College of Sports Medicine (2013 to present)

        Member, Cape Fear Triathlon Club (2018 to present)

        Member, USA Triathlon (2014 to present)

        Member, American Family Fitness, Fredericksburg, VA (2019-2020)

        Member, Fredericksburg Country Club (2015-2019)

        Member, YMCA, Fredericksburg, VA (2017-2018)

        Member, Baffa Academy Association (2017-2018)

        Member, Fredericksburg Cycle Club (2014)

        None of the above organizations restrict membership on the 
        basis of sex, race, color, religion, national origin, age, or 
        disability.

    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.
    I currently serve as a Member of the National Transportation Safety 
Board. I was confirmed by the United States Senate in July 2018 and 
again in August 2019 for a five-year term expiring on December 31, 
2024.
    14. List all memberships and offices held with and services 
rendered to, whether compensated or not, any political party or 
election committee within the past ten years. If you have held a paid 
position or served in a formal or official advisory position (whether 
compensated or not) in a political campaign within the past ten years, 
identify the particulars of the campaign, including the candidate, year 
of the campaign, and your title and responsibilities.
    I have not held a membership or office with a state or national 
political party or election committee within the past ten years. 
Additionally, I have not held a paid position or served in a formal or 
official advisory position in a political campaign within the past ten 
years. However, I have served as a volunteer for the following:

        Biden-Harris Policy Committee, June-November 2020

        Biden-Harris Campaign, GOTV volunteer, 2020

        Democratic Party of Virginia, Voter Registration Drive, 2016

        Mike Capuano for Congress, GOTV volunteer, 2019

        Obama-Biden, GOTV volunteer, 2012

        Peter DeFazio for Congress, GOTV volunteer, 2012 and 2014

    15. Itemize all political contributions to any individual, campaign 
organization, political party, political action committee, or similar 
entity of $200 or more for the past ten years.

        $815.58 Biden for President (2020)

        $250.00 DeFazio for Congress (2020)

        $200.00 Hillary for America (2016)

        This is the result of electronic searches (FEC and bank 
        accounts) and reflects the best of my recollection. Should any 
        additional contributions be identified, I will promptly notify 
        the Committee.

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

        Fellow, 115th Congress, Stennis Center for Public Leadership

        Honorary Recognition and Membership Award, United 
        Transportation Union, adopted by the Board of Directors by 
        resolution in 2007, in recognition of my ``immeasurable 
        assistance in support of railroad workers and their welfare.''

    17. Please list each book, article, column, Internet blog posting, 
or other publication you have authored, individually or with others. 
Include a link to each publication when possible. 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.

4/16/2021                 Presentation to the League of American
                           Bicyclists regarding ensuring the safety of
                           vulnerable road users through a safe systems
                           approach (in particular, safe vehicles, safe
                           speeds, and safe infrastructure)
 
4/12/2021                 Presentation to Zoox regarding the importance
                           of ensuring safety in the development,
                           testing, and implementation of autonomous
                           vehicles
 
3/26/2021                 Presentation to the Rural Railroad Safety
                           Center, Kansas State University
 
2/26/2021                 Your Role in Improving EMS Flight Safety
                           (iafc.org)
 
2/3/2021                  The 2021 Aviation Symposium, The Changing Face
                           of Accident Investigations ``A discussion
                           with the Honorable Jennifer Homendy, Member,
                           National Transportation Safety Board''
 
12/21/2020                NTSB Safety Compass: We Can Do Big Things.
                           Just Look at Positive Train Control | NTSB
                           Safety Compass (wordpress.com)
 
11/23/2020                NTSB Safety Compass: It's Past Time to Think
                           About Cognitive Distraction | NTSB Safety
                           Compass (wordpress.com)
 
10/15/2020                Keynote for Network of Employers for Traffic
                           Safety (NETS) Annual Virtual Strength IN
                           Numbers Fleet Safety Benchmark Conference
                           titled ``Road Safety Updates and Perspectives
                           from the NTSB''
 
9/21/2020                 NTSB Safety Compass: Rail Safety Week 2020 |
                           NTSB Safety Compass (wordpress.com)
 
9/17/2020                 Taped Keynote for Air Traffic Control
                           Association (ATCA) Tech Symposium titled
                           ``Planes, Trains, and Automobiles: Safety
                           Talk with Member Jennifer Homendy, NTSB''
 
9/9/2020                  NTSB Safety Compass: San Bruno Victims and
                           Their Families Deserve Long-Overdue Action |
                           NTSB Safety Compass (wordpress.com)
 
8/18/2020                 Safety Needs a Safety Culture--Helicopter
                           Association International (rotor.org)
 
8/5/2020                  Taped Keynote for American Petroleum
                           Institute's (API) 2020 Annual Pipeline
                           Conference, Virtual Webinar Series
 
7/31/2020                 NTSB Safety Compass: Arriving Soon: Fully
                           Implemented Positive Train Control | NTSB
                           Safety Compass (wordpress.com)
 
7/24/2020                 NTSB Safety Compass: Remembering Marshall,
                           Michigan | NTSB Safety Compass
                           (wordpress.com)
 
7/23/2020                 Panelist for Pipeline Safety Trust's Session,
                           ``The Enbridge Spill and Its Consequences''
                           (10 Year Anniversary of the Enbridge Oil
                           Spill in the Kalamazoo River)
 
7/6/2020                  NTSB Safety Compass: Fatal Distraction: The
                           Dangers When our Eyes Aren't Faithful to the
                           Road | NTSB Safety Compass (wordpress.com)
 
6/24/2020                 Presentation to the Association of Pedestrian
                           and Bicycle Professionals, https://
                           www.ntsb.gov/news/speeches/JHomendy/Documents/
                           homendy-20200624.pdf
 
6/15/2020                 NTSB Safety Compass: FAA Must Take Action on
                           Recorder Safety Recommendations | NTSB Safety
                           Compass (wordpress.com)
 
6/11/2020                 Keynote Speech, Texas Traffic Safety Virtual
                           Conference (ntsb.gov)
 
6/11/2020                 LinkedIn: Achieving Zero Means Broadening the
                           Dialogue | LinkedIn
 
5/28/2020                 NTSB Safety Compass: When it Comes Down to You
                           and a Train, You Won't Win! | NTSB Safety
                           Compass (wordpress.com)
 
5/15/2020                 Opinion | Heavy-footed drivers are converting
                           our traffic-free roads into racetracks--The
                           Washington Post
 
4/17/2020                 NTSB Safety Compass: Open Roads are not a
                           Reason to Speed | NTSB Safety Compass
                           (wordpress.com)
 
4/2/2020                  NTSB Safety Compass: Ensuring Transportation
                           Safety, Even During a Crisis | NTSB Safety
                           Compass (wordpress.com)
 
3/12/2020                 NTSB Safety Compass: A Comprehensive Approach
                           to Bicycle Safety | NTSB Safety Compass
                           (wordpress.com)
 
3/12/2020                 Presentation to the Women's History Month
                           Celebration: Valiant Women of the Vote,
                           Washington, DC (ntsb.gov)
 
2/19/2020                 Remarks of the Honorable Jennifer Homendy at
                           the AASHTO Council on Rail Transportation,
                           Washington, DC (ntsb.gov)
 
12/3/2019                 Keynote Speech--American Gas Association 13th
                           Annual Executive Leadership Safety Summit
                           (ntsb.gov)
 
11/4/2019                 Remarks to the Association for Safe
                           International Road Travel 2019 Gala
                           (ntsb.gov)
 
10/17/2019                NTSB Safety Compass: The New Car Assessment
                           Program | NTSB Safety Compass (wordpress.com)
 
9/12/2019                 Remarks at the Metrolink Safety Summit
                           (ntsb.gov)
 
8/20/2019                 NTSB Safety Compass: PTC, 50 Years After
                           Darien | NTSB Safety Compass (wordpress.com)
 
7/22/2019                 NTSB Safety Compass: Speeding: Just Because
                           You Can, Doesn't Mean You Should | NTSB
                           Safety Compass (wordpress.com)
 
6/10/2019                 NTSB Safety Compass: Remember Bellingham |
                           NTSB Safety Compass (wordpress.com)
 
6/7/2019                  Remarks to the AAA New York State Impaired
                           Driving Summit 2019 (ntsb.gov)
 
5/10/2019                 NTSB Safety Compass: The Golden Spike at 150 |
                           NTSB Safety Compass (wordpress.com)
 
5/6/2019                  Lowering the legal limit of blood alcohol
                           concentration reduces drunk driving, saves
                           lives--Washington Times
 
5/2/2019                  Commentary: Reducing blood alcohol content
                           level would save lives (timesunion.com)
 
4/29/2019                 NTSB Safety Compass: Drink or Drive--Pick One
                           | NTSB Safety Compass (wordpress.com)
 
3/31/2019                 Presentation at the 2019 Lifesavers Conference
                           on Speeding-Related Crashes
 
3/15/2019                 NTSB Safety Compass: Don't Rely on the Luck of
                           the Irish for a Safe Ride Home | NTSB Safety
                           Compass (wordpress.com)
 
3/10/2019                 Connecticut needs a motorcycle helmet law--
                           Hartford Courant
 
10/19/2019                Presentation to the Pipeline Safety Trust
                           Annual Conference
 
10/3/2018                 Remarks to the Brotherhood of Locomotive
                           Engineers and Trainmen Fourth National
                           Convention (ntsb.gov)
 
9/12/2018                 NTSB Safety Compass: Ten Years Later:
                           Remembering Chatsworth With Action | NTSB
                           Safety Compass (wordpress.com)
 
Nov 2013                  Frugal Living with Mommy Trader Movement:
                           Giving Back to Our Community, Fredericksburg
                           Parent and Family Magazine
 
Aug 2013                  Frugal Living with Mommy Trader Movement:
                           Dress to Impress for Less, Fredericksburg
                           Parent and Family Magazine
 
July 2013                 Frugal Living with Mommy Trader Movement: 25
                           Free or Cheap Things to Do in Fredericksburg
                           and Beyond, Fredericksburg Parent and Family
                           Magazine
 
May 2013                  Frugal Living with Mommy Trader Movement: Make
                           Your Own Beauty Products, Fredericksburg
                           Parent and Family Magazine
 
April 2013                Frugal Living with Mommy Trader Movement:
                           Making Money on Household Cleaners,
                           Fredericksburg Parent and Family Magazine
 
Feb 2013                  Frugal Living with Mommy Trader Movement: Trim
                           Your Waistline and Your Wallet,
                           Fredericksburg Parent and Family Magazine
 
10/25/1993                Strategy for Sensible Eating, Penn State
                           Harrisburg's Student Newspaper, The Capital
                           Times
 
10/25/1993                Aquatic Aerobics in the 90s, Penn State
                           Harrisburg's Student Newspaper, The Capital
                           Times
 

    18. List digital platforms (including social media and other 
digital content sites) on which you currently or have formerly operated 
an account, regardless of whether or not the account was held in your 
name or an alias. Include the name of an ``alias'' or ``handle'' you 
have used on each of the named platforms. Indicate whether the account 
is active, deleted, or dormant. Include a link to each account if 
possible.

        Twitter (active): https://twitter.com/JenniferHomendy

        LinkedIn (active): https://www.linkedin.com/in/jenniferhomendy/

        Pinterest (active): https://www.pinterest.com/jhomendy/_saved/

        Facebook (deleted): Jennifer Ellie

        Instagram: My minor daughter has an Instagram account, but I am 
        the owner so I can monitor it. She manages the account. Please 
        let me know if you have further questions.

    19. 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.
    Listed below are testimony before Congress and state legislatures.

3/3/2021                  Testimony before the Joint Committee on
                           Transportation Connecticut General Assembly
                           on House Bill 6484 An Act Concerning
                           Recommendations by the Department of
                           Transportation (ntsb.gov)
 
3/3/2021                  Statement before the Joint Committee on
                           Transportation Connecticut General Assembly
                           on House Bill 6486 An Act Concerning
                           Automated Driving System Equipped Vehicles
                           (ntsb.gov)
 
7/24/2019                 Statement of the Honorable Jennifer Homendy
                           Member, National Transportation Safety Board
                           before the Committee on Commerce, Science and
                           Transportation United States Senate
                           (ntsb.gov)
 
6/26/2019                 Testimony Before the Committee on Commerce,
                           Science, and Transportation United States
                           Senate on Amtrak: Next Steps for Passenger
                           Rail (ntsb.gov)
 
4/9/2019                  Testimony before the Committee on
                           Transportation and Infrastructure
                           Subcommittee on Highways and Transit United
                           States House of Representatives on Every Life
                           Counts: Improving the Safety of Our Nation's
                           Roadways, Washington, DC (ntsb.gov)
 
4/2/2019                  Testimony before the Committee on
                           Transportation and Infrastructure
                           Subcommittee on Railroads, Pipelines, and
                           Hazardous Materials United States House of
                           Representatives on Pipeline Safety: Reviewing
                           the Unmet Mandates and Examining Additional
                           Safety Needs (ntsb.gov)
 
2/25/2019                 Testimony before the Joint Committee on
                           Transportation of the Connecticut General
                           Assembly on House Bill 7140 (ntsb.gov)
 
5/16/2018                 Statement of Jennifer Homendy, Nominee,
                           Member, National Transportation Safety Board
                           before the Committee on Commerce, Science and
                           Transportation, United States Senate:
                           Nominations Hearing--U.S. Senate Committee on
                           Commerce, Science, & Transportation . . .
 

    From June 21, 2004, through August 19, 2018, I served as Democratic 
Staff Director of the Subcommittee on Railroads, Pipelines, and 
Hazardous Materials and participated in numerous panel discussions on 
the legislative outlook in Congress and various railroad, pipeline, and 
hazardous materials transportation issues. I did not keep a list of 
those panel discussions, but I appeared before the following 
organizations: the American Gas Association, the American Public 
Transportation Association, the American Association of State Highway 
and Transportation Officials, Women in Transportation Seminar, Women in 
Government Relations, the Transportation Trades Department, AFL-CIO, 
the One Rail Coalition, the Association of American Railroads, the 
International Brotherhood of Locomotive Engineers and Trainmen, and the 
International Brotherhood of Teamsters.
    20. 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 am a strong advocate for safety, and I have spent nearly two 
decades supporting the critical safety mission of the National 
Transportation Safety Board (NTSB) to investigate crashes in all modes 
of transportation, determine the probable causes, and issue safety 
recommendations aimed at preventing future tragedies and injuries and 
saving lives.
    Since August 2018, I have had the great honor of serving as a 
member of the NTSB. Prior to joining the Board, from 2004 to 2018, I 
served as Democratic Staff Director of the Subcommittee on Railroads, 
Pipelines, and Hazardous Materials for the Committee on Transportation 
and Infrastructure, U.S. House of Representatives. During that time, I 
worked closely with the NTSB to implement longstanding recommendations 
to strengthen the safety of rail, pipeline, and hazardous materials 
transportation (in aviation, trucking, and marine). Some of those 
recommendations remained on our Most Wanted List for decades.
    During my time at the Board, I have led the NTSB Go Team for seven 
major investigations including the January 2020 high-profile helicopter 
crash in Calabasas, California; the January 2020 large motorcoach crash 
near Pittsburgh, Pennsylvania; the October 2019 crash of a B-17 
``living history'' flight in Windsor Locks, Connecticut; the September 
2019 fire and subsequent sinking of the Conception dive vessel off 
Santa Cruz Island, California; a June 2019 skydiving plane crash in 
Mokuleia, Hawaii; a May 2019 mid-air collision in Ketchikan, Alaska; 
and, a February 2019 natural gas pipeline explosion in San Francisco, 
California. I also launched to two other tragedies: a series of natural 
gas pipeline explosions and fires in Merrimack Valley, Massachusetts 
and an experimental plane crash in Fredericksburg, Virginia. All of 
these involved numerous media briefings, meeting with families and 
other loved ones of victims, and meeting with elected officials.
    Additionally, I have been involved with deliberating and 
determining the findings and probable causes, and issuing safety 
recommendations for more than 60 transportation accident 
investigations. I have testified before Congress and state legislatures 
on numerous occasions and have given speeches on all modes of 
transportation.
    I have seen first-hand the improvements that have been made at the 
NTSB and the challenges that remain and, if confirmed, I pledge to 
actively work with my colleagues on the Board and this Committee to 
address those challenges. See Question #22.
    21. 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?
    According to the statute, if confirmed, I would serve as the chief 
executive and administrative officer of the Board, which includes 
overseeing the expenditures of the Board and ensuring that proper 
management and accounting controls are in place. While I have not 
managed a large organization, I have a great deal of experience at the 
NTSB as a Member of the Board and working with staff. The Board reviews 
and approves the annual budget of the NTSB and reports to the public 
and Congress, in accordance with our mandates. Additionally, I have 
been involved in the oversight of the management of other large Federal 
agencies for nearly 15 years. That oversight work included 
congressional review of agency spending and budget requests, as well as 
management reports by the Amtrak and Department of Transportation 
Inspectors General.
    22. What do you believe to be the top three challenges facing the 
department/agency, and why?
    Recruiting, hiring, and retaining a diverse and inclusive workforce 
to ensure we are able to carry out our core safety mission as mandated 
by Congress. The NTSB is world-renowned for our investigations and for 
the vast improvements in transportation safety that we have championed 
since our creation as an independent agency in 1967. That's a direct 
result of the hard work, professionalism, and dedication of our 
incredible workforce, from our investigators who stand ready 24/7 to 
travel throughout the United States or internationally in response to 
tragedies, to our research and engineering team who provide technical 
support to accident investigations and conduct studies that examine 
critical safety issues in all modes of transportation, our 
transportation disaster assistance division who provides support to 
victims and family members affected by accidents, and the hundreds of 
others at the NTSB who work tirelessly to support our safety mission. 
As the Federal government faces a growing number of retirements, it is 
vitally important that we focus on developing a diverse and inclusive 
workforce and environment within the agency.
    Carrying out our mandate to improve safety. The NTSB is required to 
investigate certain accidents under 49 U.S.C. 1131, but has not fully 
complied with that mandate due to ``limited resources'' (see page A-12 
of 2019-NTSB-ARC-Appendices.pdf). We need to better understand why this 
is occurring and whether our resources are being utilized 
appropriately. We also continue to struggle with timeliness of 
finalizing investigations and reports. We have made improvements in 
this area, but additional work is needed. If reports are delayed, 
safety suffers.
    Improving employee and stakeholder engagement in a post-COVID 
world. COVID-19 has presented challenges for NTSB and our workforce, 
just like other Federal agencies. Many of our employees have children 
or other loved ones who are now at home with no school, summer camps, 
or other care options available to them. Many others care for loved 
ones that have health conditions that make them vulnerable to 
complications if they are exposed to COVID, and some of our workers 
have health conditions which put them into high-risk categories. When 
our workforce is phased back into the office, we have to make sure we 
are addressing their needs and challenges that they will continue to 
face. This includes ensuring that their safety and health, as well as 
those they care for, remain a priority.
    We also need to find new, innovative ways to increase engagement 
with stakeholders and partners, including modal agencies within the 
Department of Transportation and Congress, to improve safety.
                   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 no financial arrangements, deferred compensation agreements, 
and other continuing dealings with business associates, clients, or 
customers. I have a Thrift Savings Plan and I participate in the 
Federal Employees Retirement System, a defined benefit retirement plan. 
Information related to my spouse's retirement account is fully 
described in Part 5 of my Executive Branch Personnel Public Financial 
Disclosure.
    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. Explain how you will 
resolve each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the NTSB's DAEO to identify 
potential conflicts of interest. Any potential conflicts of interest 
will be resolved in accordance with the terms of the ethics agreement I 
have entered into with NTSB's DAEO 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. Explain how you will resolve 
each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the NTSB's DAEO to identify 
potential conflicts of interest. Any potential conflicts of interest 
will be resolved in accordance with the terms of the ethics agreement I 
have entered into with NTSB's DAEO and that has been provided to this 
Committee. I am not aware of any other potential conflicts of interest.
    5. Identify any other potential conflicts of interest, and explain 
how you will resolve each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the NTSB's DAEO 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 the NTSB's DAEO and that has been 
provided to this Committee. I am not aware of any other potential 
conflicts of interest.
    6. Describe any activity during the past ten years, including the 
names of clients represented, 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.
    As stated, I have served as a Member of the National Transportation 
Safety Board since August 2018 and as Democratic Staff Director for the 
Subcommittee on Railroads, Pipelines, and Hazardous Materials for the 
Committee on Transportation and Infrastructure, U.S. House of 
Representatives from June 2004 to August 2018. In those capacities, I 
have been engaged for the purpose of directly or indirectly influencing 
the passage, defeat, or modification of legislation.
                            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.
    Please refer to Question #4
    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.
    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.
    As a teenager, a misdemeanor for shoplifting. I deeply regret my 
actions. In addition to court-ordered penalties, I volunteered for 
community service, which included speaking to students and at-risk 
youth.
    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, and that 
your department/agency endeavors to timely comply with requests for 
information from individual Members of Congress, including requests 
from members in the minority? Yes.
    2. Will you ensure that your department/agency does whatever it can 
to protect congressional witnesses and whistleblowers 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
                   THE HONORABLE JENNIFER L. HOMENDY
EMPLOYMENT BACKGROUND

Member, National Transportation Safety Board (NTSB). Unanimously 
confirmed by the U.S. Senate in July 2018 and again in August 2019; 
five-year term expires December 31, 2024. Oversees activities of the 
agency including accident investigations and reports, safety 
recommendations, and safety studies in all modes of transportation--
aviation highways, marine, pipelines and hazardous materials, and rail 
and transit. Led the NTSB ``Go Team'' on 9 major and regional accident 
investigations, including the September 2018 overpressurization of a 
gas distribution pipeline system in Merrimack Valley, Massachusetts 
(training launch); a December 2018 experimental plane crash in 
Fredericksburg, Virginia; a February 2019 natural gas pipeline 
explosion in San Francisco, California; a May 2019 mid-air collision in 
Ketchikan, Alaska; a June 2019 skydiving plane crash in Mokuleia, 
Hawaii; the September 2019 fire and subsequent sinking of the 
Conception dive vessel off Santa Cruz Island, California; the October 
2019 crash of a B-17 ``living history'' flight in Hartford, 
Connecticut; a January 2020 large motorcoach crash near Pittsburgh, 
Pennsylvania; and, a high-profile January 2020 helicopter crash in 
Calabasas, California. Debated and approved more than 60 accident 
reports since joining the Board. Testified before the House and Senate 
and state legislatures on various transportation safety issues. 
Additional materials are available at: bio, speeches, and blogs and 
podcasts.

Democratic Staff Director, Subcommittee on Railroads, Pipelines, and 
Hazardous Materials, Committee on Transportation and Infrastructure, 
U.S. House of Representatives, June 2004 to August 2018. Drafted, 
negotiated, and guided major pieces of rail, pipeline, and hazardous 
materials safety legislation through the legislative process, including 
the Safe, Accountable, Flexible, Efficient, Transportation Equity Act: 
A Legacy for Users (SAFETEA-LU); the Rail Safety Improvement Act of 
2008 (P.L. 110-432, Division A), which mandated implementation of 
positive train control (PTC); the Passenger Rail Investment and 
Improvement Act of 2008 (P.L. 110-432, Division B); the Pipeline, 
Inspection, Protection, Enforcement, and Safety Act of 2006; the 
Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011; 
the Fixing America's Surface Transportation (FAST) Act of 2015; the 
Protecting Our Infrastructure of Pipelines Enhancing Safety (PIPES) Act 
of 2016; and the Norman Y. Mineta Research and Special Programs 
Improvement Act of 2004, which created the Pipeline and Hazardous 
Materials Safety Administration (PHMSA). Created the strongest Buy 
America standard in transportation: 100 percent for intercity passenger 
and high-speed rail. Spearheaded the Committee's extensive oversight 
investigations of the Enbridge pipeline rupture in Marshall, Michigan, 
and PHMSA, which led to major safety improvements in pipeline and 
hazardous materials safety. In 2017 and 2018, led a multimodal review 
of the Department of Transportation's drug and alcohol testing program 
which identified significant safety gaps in the program.

Legislative Representative, International Brotherhood of Teamsters, 
June 1999 to June 2004. Represented the interests of Teamster working 
families before Congress and the Executive Branch. Areas of expertise 
included transportation and international trade. Transportation work 
focused on motor carrier, rail, and hazardous materials safety. Served 
as a cleared (classified) labor representative on the President's 
Advisory Committee on Trade Policy and Negotiations and the U.S. 
Department of Labor's Trade Advisory Committee.

Legislative Representative, Transportation Trades Department, AFL-CIO 
(TTD), August 1997 to June 1999. Represented the interests of 
transportation workers before Congress and the Executive Branch. Areas 
of expertise included motor carrier, rail, hazardous material, and 
nuclear waste transportation safety; domestic manufacturing/Buy 
America; appropriations/budget; innovative financing, including state 
infrastructure banks and credit enhancements; and worker protections, 
including Section 13(c) of the Federal Transit Act and Davis Bacon.

Legislative Assistant, American Iron and Steel Institute (AISI), March 
1996 to August 1997, promoted to Manager of Government Relations. 
Represented the interests of the American steel industry and its 
employees before Congress in the areas of domestic manufacturing/Buy 
America, transportation, environment, and energy; researched and 
prepared policy analyses of various tax and trade issues; served as 
Staff Director of AISI's Committee on Traffic; represented AISI at 
various coalition meetings; presented monthly reports to AISI's Board 
of Directors on legislative developments; interacted with Members of 
Congress, congressional staff, and AISI member companies; and drafted 
correspondence and memoranda.

National Federation of Independent Business (NFIB), Washington, D.C., 
Senate Administrative Assistant for Federal Governmental Relations from 
September 1994 to March 1996. Duties included researching issues that 
affect small businesses; organizing membership participation in, and 
issue development for, the White House Conference on Small Business 
held in June 1995; and providing legislative and administrative support 
to the Director of Federal Governmental Relations and three Senate 
lobbyists.
EDUCATIONAL BACKGROUND AND RECENT VOLUNTEER WORK

   Master of Transportation Safety Administration, Institute 
        for Global Road Safety and Security, Clemson University 
        (ongoing)

   Bachelor of Arts, Humanities, The Pennsylvania State 
        University, graduated 1994

   Fellow, 115th Congress, Stennis Center for Public Leadership

   The National Board on Fire Service Professional 
        Qualifications (through the International Association of Fire 
        Fighters), Certified in Core HazMat Operations and Mission-
        Specific PPE and Product Control (hazmat operations-level 
        responder training)

   Pilot Ground School, Germanna Community College, 2020

   Certified Personal Trainer, American College of Sports 
        Medicine, 2013-present

    The Chairwoman. Thank you. Ms. Hedlund, welcome.

STATEMENT OF KAREN J. HEDLUND, NOMINEE TO BE A MEMBER, SURFACE 
                      TRANSPORTATION BOARD

    Ms. Hedlund. [Off mic] Thank you, Chairman. Chairman 
Cantwell and Ranking Member Wicker and other members of the 
Committee, and your wonderful staff, whom I had the privilege 
of working with some of them when I was at FRA and thank you 
for giving me the opportunity to appear before you today to 
consider my nomination as a member of the Surface 
Transportation Board. I am also grateful to President Biden for 
his expression of confidence in me.
    Having worked on the development of freight and passenger 
rail projects across the country, in both the private and the 
public sectors, I would regard it as a great privilege to have 
the opportunity to help fulfill the Board's crucial role in 
ensuring a robust national freight and passenger rail system 
for the United States, in the 21st Century.
    Thank you for introducing my son, Alex, who is with me 
today, and my other son, Erik, who is out there somewhere in 
Zoom land.
    [Laughter.]
    They have been--their support has been just wonderful.
    As has been mentioned, I had the privilege of serving in 
the Obama Administration as Chief Counsel and then, Deputy 
Administrator at FRA. And during my time there, one of my 
primary responsibilities was to administer the Intercity 
Passenger Rail Grant Program that was funded under the Recovery 
Act. And many of these projects actually entailed major 
improvements to rail lines owned by our Class 1 railroads that 
host Amtrak and other passenger rail service. And we needed to 
negotiate with them, or assist the states and the railroads in 
executing, what were called, Service Outcomes Agreements to 
ensure that the improvements we were making to the freight 
lines were really going to benefit passenger service. But of 
course, in the course of those negotiations, I should say, I 
became very familiar with the freight's commercial interests 
and concerns.
    Since stepping down from FRA, I have remained involved in 
some of the Nation's most significant rail development 
projects, including a proposed project, in the Chair's home 
state, that would be a new high-speed rail line that would 
connect Seattle to Portland and Vancouver, BC. That is a very 
exciting project that would help, really, the development of 
this great mega-region, but may also help to get people who 
live--I mean, there is an equity aspect to all high-speed rail 
projects, and that is helping people who live outside of our 
major work centers to access them, as well. And that is part of 
the planning for that project.
    I also worked to advance legislative proposals, as a member 
of the American Public Transportation Association's Legislative 
Committee. And I want to really commend this Committee for the 
wonderful work they did on advancing rail through the 
bipartisan Surface Transportation Investment Act. And I also 
appreciate the improvements to the RIFF loan program, which I 
oversaw when I was at FRA, to make that program work so much 
better for our short line railroads.
    Now, as you understand, I cannot comment on any specific 
matters pending before the Board, but I am well aware of the 
challenges presented by its current docket. We are going to 
have the first merger of two Class I railroads, in 20 years, 
and since the Board's merger rules were revised in 2001. And I 
know that these proceedings can be time-consuming, complex, and 
controversial, have a profound impact on what the industry 
looks like.
    The Board is also working on several important rulemakings 
that will have policy implications. These include proceedings--
new procedures to reduce the cost and complexity and duration 
of rate cases, and particularly for smaller disputes and 
smaller entities--small shippers and smaller railroads.
    The Board is going to be placing--playing an increasing 
role with respect to intercity passenger rail, authorizing new 
high-speed passenger rail lines, such as the one in Cascadia, 
and of course, the long-sought restoration of passenger service 
on the Gulf Coast line, which I became familiar with six or 7 
years ago, when I was at FRA and went down to Mobile to meet 
with the mayors. And Senator Wicker, I do not understand why it 
is taking so long to get this restarted and I will certainly 
work with the Board and its staff on seeing if we can resolve 
this in an expeditious manner.
    So, thank you for your time and I look forward to answering 
your questions.
    [The prepared statement and biographical information of Ms. 
Hedlund follows:]

     Prepared Statement of Karen J. Hedlund, Nominee to a Member, 
                      Surface Transportation Board
    Chairman Cantwell, Ranking Member Wicker and distinguished Members 
of the Committee on Commerce, Science and Transportation, thank you for 
affording me the opportunity to appear before you today in 
consideration of my nomination to serve on the Surface Transportation 
Board. I am also grateful to President Biden for his nomination. Having 
worked on the development of freight and passenger rail projects across 
the country, in both the public and private sectors, it would be a 
great privilege for me to work to fulfill the Board's crucial role in 
ensuring a robust national freight and passenger rail system in the 
21st Century.
    I also want to thank my amazing children and their families for 
their support. My son Alex is here with me today, and my other son 
Erik, my daughters-in-law and grandchildren are zooming in.
    I had the privilege of serving in the Obama Administration as Chief 
Counsel of the Federal Railroad Administration and as FRA Deputy 
Administrator. During my time at FRA, one of our primary 
responsibilities was to administer President Obama's intercity 
passenger rail program. Many of the funded projects entailed 
improvements to rail lines owned by our Class 1 railroads that host 
Amtrak service. In the course of negotiating related agreements with 
them, I became very familiar with their commercial interests and 
concerns. We also worked diligently on rail safety issues, including 
improving the ability of tank cars to withstand derailments, an issue 
that is primarily within the jurisdiction of FRA and PHMSA.
    Since stepping down from my position at FRA at the end of 2014, I 
have continued to remain involved in some of the Nation's most 
significant rail development projects, including the Gateway Hudson 
River Tunnel and Bridge Project and the proposed Ultra-High-Speed 
Ground Transportation Project connecting the States of Oregon and 
Washington and the Province of British Columbia. In Colorado, I have 
worked with the Southwest Chief and Front Range Passenger Rail 
Commission on developing a new passenger rail line from Fort Collins to 
Pueblo and beyond. I have also assisted the Northeast Corridor 
Commission in connection with a cost allocation matter involving 
escalating insurance costs for transit users of the Corridor.
    I have also worked on legislative proposals to advance intercity 
rail as a member of the American Public Transportation Association's 
Legislative Steering Committee. And I would like to commend the Chair 
and Members of this Committee for their work in advancing rail through 
your historic bipartisan Surface Transportation Investment Act, which 
would authorize $78 billion over 5 years for rail, multimodal and 
safety programs, and provide other important measures to advance both 
freight and passenger rail.
    Additionally, I would bring to the Board my 35 years of experience 
as a practicing attorney with several of the Nation's leading law 
firms, focusing on infrastructure finance and development. In the 
course of serving as counsel to both public and private entities on 
multi-million-dollar transactions, I gained a deep understanding of the 
capital markets that finance our Nation's railroads, and other surface 
transportation projects.
    While, as you understand, I cannot comment on any specific matters 
pending before the Board, I am well aware of the challenges presented 
by its current docket. The Board will be considering the first 
merger(s) involving two Class I railroads since the Board's merger 
rules were revised in 2001. I appreciate that merger reviews can be 
time-consuming, complex, and controversial, and can have a profound 
impact on the shape of the rail industry and the way in which rail 
service is provided.
    The Board is also working on several important rulemakings that 
have broad-ranging policy implications for the railroad industry and 
that could have a significant impact on how rate and other disputes are 
resolved. These pending proceedings include proposed new procedures to 
reduce the cost, complexity, and duration of rate reasonableness cases, 
particularly for smaller disputes. I am also familiar with Senator 
Baldwin's proposed Rail Shipper Fairness Act that also seeks to address 
these and other issues.
    The Board will also be playing an increasing role with respect to 
intercity passenger rail. This includes authorization of new high-speed 
passenger rail lines, and considering Amtrak-host railroad on-time 
service and cost allocation issues. There is also a proceeding relating 
to the long-sought reinstatement of passenger service over the Gulf 
Coast line, which I became familiar with when I was at FRA.
    My approach to matters before the Board and its investigations and 
policy making processes will be to prioritize thorough analysis and 
full transparency by the parties regarding factual, policy and legal 
issues. If confirmed, I commit to bring my transportation, finance and 
legal experience to the Board and to address all matters in a fair and 
impartial manner. I will also work diligently to see that all outcomes, 
first and foremost, serve the public interest.
    Thank you for your time, and I look forward to answering your 
questions.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used):

        Karen Jean Hedlund.
        (I used name Karen Hedlund Schneider upon marriage in 1969 
        until 1973, when I reassumed use of my maiden name, although I 
        remained married).

    2. Position to which nominated: Member, Surface Transportation 
Board (STB).
    3. Date of Nomination: April 29, 2021.
    4. Address (List current place of residence and office addresses):

        Residence: Information not released to the public.
        Office: Information not provided.

    5. Date and Place of Birth: October 27, 1948; Chicago, Illinois.
    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).

        Alex Hedlund Schneider, age 41
        Erik Reuben Schneider, age 38

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

        Harvard University AB 1970
        Georgetown University Law Center JD 1974

    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.

        WSP USA--Advisory Services
        New York, New York
        Vice President
        January 2015 to April 2020
        Independent Consultant
        April 2020 to present

        Karen J Hedlund, PC
        New York, NY and Edwards, CO
        President/Owner
        January 2015 to present

        United States Department of Transportation
        Federal Railroad Administration
        Washington, DC
        Deputy Administrator
        December 2011 to September 2014
        Chief Counsel
        June 2010 to December 2011

        United States Department of Transportation
        Federal Highway Administration
        Washington, DC
        Chief Counsel
        June 2009-June 2010

        Nossaman, LLP
        Los Angeles and Washington D.C.
        Partner
        1995-2009

        SunAmerica Inc.
        Los Angeles, CA
        Executive Vice President and General Counsel
        1993-1994

        Skadden Arps
        Chicago, IL and Los Angeles, CA
        Partner
        1984-1993

        Mayer Brown
        Chicago, IL
        Associate and Partner
        1974-1984

    9. Attach a copy of your resume.
    See attached copy of resume of Karen J Hedlund.
    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.

        Board Member, Washington Union Station Redevelopment 
        Corporation (2011-2014)

        Board Member, Moynihan Station Development Corporation (2011-
        2014)

        Advisor, U.S. Department of Transportation, National Freight 
        Advisory Commission (2012-2014)

        Consultant, Gateway Development Corporation (NY and NJ) (2015-
        2018)

        Consultant, Washington State Department of Transportation 
        (2018-2020)

        Consultant, Santa Fe Chief and Front Range Passenger Rail 
        Commission (CO) (2018-2020)

        Consultant, Peninsula Corridor Joint Powers Board (CA) (2018)

        Consultant, High Dese11 Corridor Joint Powers Authority (CA) 
        (2015 to present)

        Consultant, Dallas Area Rapid Transit District (TX) (2017-2018)

    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.

        Board Member, Edge Foundation (2016 to present)

        Vice President, WSP (2015-2020)

        President, Karen J Hedlund, PC (1996 to present)

        Board Member, Union Station Redevelopment Corporation (2011-
        2014)

        Board Member, Moynihan Station Development Corporation (2011-
        2014)

        Trustee, Karen J Hedlund Trust (1996 to 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 
religiously affiliated organization, private club, or other membership 
organization. (For this question, you do not have to list your 
religious affiliation or membership in a religious house of worship or 
institution.). 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 disability.

        Women's Transportation Seminar (2008 to present)

        American Public Transportation Association, Co-Chair of the 
        Commuter and Intercity

        Passenger Rail Legislative Subcommittee (2015 to present)

        Coalition for the Northeast Corridor, Member (2015 to present)

        Harvard Club of New York, New York, New York (2015 to present)

        The Club at Cordillera, Edwards, Colorado (golf club) (2018 to 
        present)

        Arrowhead Alpine Club, Edwards, Colorado (athletic club) (2018 
        to present)

        Springfield Golf and Country Club, Springfield, Virginia (golf 
        club) (2012-2015)

    To my knowledge, none of the above restricts membership on the 
basis of sex, race, color, religion, national origin, age, or 
disability.
    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. List all memberships and offices held with and services 
rendered to, whether compensated or not, any political party or 
election committee within the past ten years. If you have held a paid 
position or served in a formal or official advisory position (whether 
compensated or not) in a political campaign within the past ten years, 
identify the particulars of the campaign, including the candidate, year 
of the campaign, and your title and responsibilities. None.
    15. Itemize all political contributions to any individual, campaign 
organization, political pruty, political action committee, or similar 
entity of $200 or more for the past ten years.
    Information set out below was derived from Federal Election 
Committee Report on contributions from Karen Hedlund between January 1, 
2011 and ending May 09, 2021.
2011
        DNC Service Corporation/Democratic National Committee (March) 
        $1,580
        Obama for America (June) $1,500
2012
        DNC Service Corporation/Democratic National Committee (June) 
        $1,000

        Obama for America (September) $1,000

        Obama for America (October) $1,500

        Obama Victory Fund 2012 (October) $1,500
2013
        None
2014
        None
2015
        None
2016
        Hillary for America (January) $2,700

        Parsons Brinckerhoff, Inc. PAC (April) $500

        Hillary Victory Fund (October) $2,700

        WSP USA Inc. PAC (August) $500
2018
        None
2019
        Inslee for America (July, September, October) $600

        WSP USA Inc. PAC (October) $500

        Bennet for America (August, September) $250
2020
        Biden for President (July, September, October) $1750

        DNC Services Corp/Democratic National Committee (November) $700

        Biden Victory Fund (July, October) $1250

        Biden Fight Fund (November) $500
2021
        Friends of Schumer (February) $500

    16. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements.
    Georgetown University Law Center Alumni Award (2003)
    17. Please list each book, article, column, Internet blog posting, 
or other publication you have authored, individually or with others. 
Include a link to each publication when possible. 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 publications and speeches of which I have records include:

        ``Private Equity to Match Public Investment,'' Mineta 
        Institute, October 2020. I also made presentations based on the 
        article to the Transportation Research Board, Annual Meeting, 
        Session 1410, January 28, 2021; and (2) APTA's High Speed Rail 
        Conference, April 8, 2021

        ``Too Long to Drive, Too Sho1t to Fly, SPEEDLINES, published by 
        the APTA High-Speed and Intercity Passenger Rail Committee, 
        August 2020 https://higherlogicdownload.s3-external-
        1.amazonaws.com/AMERICANPTA/e8a3c67b-
        ffe4-0a40-d57d-
        3a092460dc73_file.pdf?AWSAccessKeyld=AKIAVRDO7IEREB5
        7R7MT&Expires=l618530568&Signature=%2Bc0XQffdpXTTEd402ZV%2Bg4m
        Qd2E%3D

        ``What is the future of transit and rail post-COVID?'' Address 
        to Smart Commute Metro North (CO) Transforum Conference, 
        October 22, 2020

        US High Speed Rail Association Karen Hedlund (FRA)--Washington 
        Summit February 12. 2014 and February 2012

        Presentation to National Conference of State Legislatures. 
        Partners Project on Public-Private Partnerships, ``PPP Model 
        Legislation''. April 22, 2009. Microsoft PowerPoint-Hedlund 
        NCSL April 2009.PPT

        ``Public-Private Partnerships: The Most Effective Finance Tool 
        in the Box.'' Horizon. a publication of the Texas Department of 
        Transportation. Fall 2006, horizon_fal12006.pdf (state.tx.us)

    18. List all digital platforms (including social media and other 
digital content sites) on which you currently or have formerly operated 
an account, regardless of whether or not the account was held in your 
name or an alias. Include the name of an ``alias'' or ``handle'' you 
have used on each of the named platforms. Indicate whether the account 
is active, deleted, or dormant. Include a link to each account if 
possible.

        Linkedin (99+) Karen Hedlund | Linkedln

        Facebook (20+) Karen Hedlund | Facebook

        Instagram @erinjean27  Instagram photos and videos

    19. 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.

        House Transportation and Infrastructure Committee
        Subcommittee on Railroads, Pipelines and Hazardous Materials
        Hearing on Review of Challenges Facing California High-Speed 
        Rail
        January 15, 2014
        https://www.govinfo.gov/content/pkg/CHRG-113hhrg86279/pdf/CHRG-
        113hhrg86279.pdf

        House Transportation and Infrastructure Committee
        Subcommittee on Highways and Transit
        Hearing on Innovative Financing and Protecting the Public 
        Interest
        February 13, 2007
        https://www.govinfo.gov/content/pkg/CHRG-110hhrg34778/pdf/CHRG-
        110hhrg34778.pdf

        House Transportation and Infrastructure Committee
        Subcommittee on Highways and Transit
        Hearing on Understanding Public Private
        Highway Transactions: The Future of Infrastructure Finance
        May 24, 2006
        https://www.govinfo.gov/content/pkg/CHRG-109hhrg28290/pdf/CHRG-
        109hhrg28290.pdf

    20. 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?
    The Surface Transportation Board, an independent Federal agency 
reauthorized under the Surface Transportation Board Reauthorization Act 
of 2015, is charged with the economic regulation of various modes of 
surface transportation, primarily freight rail, and also has 
jurisdiction over certain passenger rail matters. The agency has 
jurisdiction over railroad rate, practice, and service issues and rail 
restructuring transactions, including mergers, acquisitions, line 
sales, line construction, and line abandonments.
    Having worked on development of freight and passenger rail projects 
across the country, in both the public and private sectors, it would be 
a great privilege work to fulfill the Board's role in ensuring a robust 
national freight and passenger rail system, including exercising its 
jurisdiction over new high-speed rail projects, and in carrying out its 
oversight responsibilities relating to the new on-time performance and 
service metrics and standards applicable to Amtrak.
    I had the privilege of serving in the Obama Administration as Chief 
Counsel of the Federal Railroad Administration (FRA) (2009-2010) and 
FRA Deputy Administrator (2010-2014). At FRA, a primary focus was 
helping to administer President Obama's high-speed and intercity 
passenger rail programs. Many of these projects involved improvements 
to rail lines owned by our Class 1 railroads that host Amtrak service. 
In the course of negotiating related agreements with them, I became 
very familiar with their commercial interests and concerns.
    Since departing FRA at the end of 2014, I have continued to remain 
involved in some of the Nation's most significant rail developments, 
including the Gateway Hudson River Tunnel and Bridge Project and the 
proposed Ultra-High-Speed Ground Transportation Project connecting the 
States of Oregon and Washington and the Province of British Columbia. I 
have also worked on legislative proposals to advance intercity and 
high-speed rail as a member of APTA's Legislative Steering Committee. I 
also bring to this position 35 years of experience as a practicing 
attorney with several of the Nation's leading law firms, Mayer Brown, 
Skadden and Nossaman, focusing on infrastructure finance and 
development. In the course of serving as counsel to both public and 
private entities on multi-million-dollar transactions, I gained a good 
understanding of the capital markets and the challenges of funding and 
financing mega-projects.
    21. 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?
    The Chairman, with the assistance of other Members of the Surface 
Transportation Board, is responsible to ensure that the STB is 
adequately staffed with attorneys, economists, investigators and other 
personnel to carry out its responsibilities in a timely and efficient 
manner. They must also oversee the management and accounting of 
government appropriations to and expenditures by the agency, and must 
manage information security risks pursuant to FISMA.
    I believe my experience qualifies me to meet these challenges. At 
the U.S. Department of Transportation, I oversaw the large legal 
departments of the Federal Highway Administration and the Federal 
Railroad Administration, and as Deputy Administrator of FRA, I had a 
lead responsibility in the management of their grant and loan programs, 
budgets, and administrative affairs. I gained an appreciation for the 
great career personnel of the agencies who brought deep experience, an 
objective approach to all issues that came before them and a tireless 
commitment to service.
    22. What do you believe to be the top three challenges facing the 
department/agency, and why?

  1.  The Board has received notices of intent to file for approval the 
        first Class 1 merger transaction since the Board's merger rules 
        were revised in 2021 (Kansas City Southern and CP/CN). The 
        Board is also reviewing the pending acquisition of Pan Am by 
        CSX, as well as the acquisition by Watco of several CN lines in 
        Wisconsin. Merger transactions can be time-consuming, complex, 
        and controversial. Handling these cases appropriately is the 
        first major challenge I see for the Board, as mergers, 
        particularly major mergers, can have a profound impact on the 
        shape of the rail industry and the way in which rail service is 
        provided.

  2.  The Board is working on several important new rule-makings that 
        have broad ranging policy implications for the railroad 
        industry. There is a proposed new procedure for challenging the 
        reasonableness of railroad rates in smaller cases, called 
        ``Final Offer Rate Review'' (FORR). The purpose of this 
        proposed rule is to reduce the cost, complexity, and duration 
        of rate reasonableness cases, particularly for smaller 
        disputes. A related proposal submitted to the Board would 
        involve a voluntary arbitration procedure for rate review in 
        smaller cases. In another proceeding, the Board is considering 
        whether to remove the exemption for some commodities which have 
        been exempt from Board regulation for several decades; in that 
        proceeding, the Board has also sought public comment concerning 
        a new approach its Office of Economics has developed for 
        possible use in considering class exemption and revocation 
        issues. There is also a long-pending rule to revise the 
        ``reciprocal switching'' rules. Addressing the issues involved 
        with these rulemakings or proposed rulemakings is the second 
        major challenge I see for the Board, as each could have a 
        significant impact on how rate and other disputes are resolved.

  3.  The Board will also be playing an increasing role with respect to 
        intercity passenger rail that is part of the interstate rail 
        network. This includes authorization of new high-performance 
        passenger rail lines, and enforcing Amtrak on-time service 
        under newly adopted metrics and standards. Amtrak is also 
        initiating a proceeding to reinstate service over the Gulf 
        Coast line. The third challenge I see for the Board will 
        involve gearing up for the increasing number of passenger 
        issues it is likely to face in the coming months and years 
        while continuing to carry out its responsibilities regarding 
        rulemakings, mergers, and other matters that come before it.
                   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. Explain how you will 
resolve each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of the Government Ethics and the Surface Transportation 
Board'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 the ethics agreement I have 
entered into with STB'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. Explain how you will resolve 
each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of the Government Ethics and the Surface Transportation 
Board'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 the ethics agreement I have 
entered into with STB'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. Identify any other potential conflicts of interest, and explain 
how you will resolve each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of the Government Ethics and the Surface Transportation 
Board'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 the ethics agreement I have 
entered into with STB's Designated Agency Ethics Official and that has 
been provided to this Committee. I am not aware of any other potential 
conflicts of interest.
    6. Describe any activity during the past ten years, including the 
names of clients represented, 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.
    I have served since 2018 as Chair of Commuter and Passenger Rail 
Subcommittee of Legislative Committee of APTA. I have also represented 
WSP as member of Northeast Corridor Coalition. I was not required to 
register as a lobbyist at any point.
                            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.
    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
    L Will you ensure that your department/agency complies with 
deadlines for information set by congressional committees, and that 
your department/agency endeavors to timely comply with requests for 
information from individual Members of Congress, including requests 
from members in the minority? 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 J. Hedlund

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    The Chairwoman. Thank you. I think we now have Senator 
Blumenthal, who wanted to make a short statement.

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

    Senator Blumenthal. Thank you so much, Chairman--Chairwoman 
Cantwell, and thank you to Senator Wicker, as well, for giving 
me this opportunity remotely from the anteroom of the Judiciary 
Committee meeting, where we are engaged in votes. So, I 
apologize I am not there in person. But I am very, very honored 
and pleased to be introducing Jennifer Homendy as the Nominee 
for Chairwoman of the NTSB.
    Ms. Homendy was born in Connecticut. Her family, or at 
least some of her family still resides in the Farmington, 
Plainville, New Britain area. And I hope they are watching 
because they should be very, very proud of this daughter of 
Connecticut, who has performed such great work with immense 
distinction, as a member of the NTSB, and also, as a member of 
the Congressional Staff. She has decades of experience in 
transportation safety. She has been on the ground at a number 
of major safety incidents, crashes involving rail and planes. 
And she will be a dedicated and effective Chairperson of the 
NTSB.
    As you know, this Agency does vital independent work in 
assuring transportation safety in investigating such crashes, 
and other mishaps, and I know that she is going to attract 
qualified people. She will be diligent and independent in the 
work that she does, and vigorous in reporting to the Congress 
and the public. So, I am very proud and honored to support her 
and I recommend her, strongly, to my colleagues on the 
Committee.
    The Chairwoman. Thank you, Senator Blumenthal. Thank you 
for taking time out of the Judiciary Committee to give that 
support for the Nominee.
    So, Dr. Hampshire, please, if you would like to make your 
statement.

 STATEMENT OF DR. ROBERT C. HAMPSHIRE, NOMINEE TO BE ASSISTANT 
   SECRETARY FOR RESEARCH AND TECHNOLOGY, U.S. DEPARTMENT OF 
                         TRANSPORTATION

    Dr. Hampshire. Chair Cantwell, Ranking Member Wicker, and 
members of the Committee, I am truly honored to appear before 
you today as President Biden's nominee for Assistant Secretary 
for Research and Technology at the Department of 
Transportation.
    I would like to thank my wonderful wife Alexandra Murphy, 
who is here with me today. I would like to acknowledge my 
sisters Natasha and Natalie, my brother Raymar, and my parents 
Robert and Linda Hampshire, whose great migration from Mobile, 
Alabama to Lima, Ohio is my model for faith, hope, and love in 
action. President Biden, Secretary Buttigieg, thank you for 
your confidence in me.
    Prior to January 20, I was an associate professor of Public 
Policy at the University of Michigan, as well as a faculty 
member at the Transportation Research Institute at the 
University of Michigan. I led a large multi-disciplinary team 
studying how transportation systems impact the environment and 
equitable access to opportunities.
    I am quite familiar with the research and technology 
programs at the Department of Transportation. Over my career, I 
have received funding from two University Transportation 
Centers, funding from the Federal Highways Administration, from 
the Federal Transit Administration, from NHTSA. Additionally, 
at the University of Michigan, I conducted research on 
connected vehicles and connected infrastructure with the 
support of the Intelligent Transportation Systems Joint Program 
Office.
    I have had the honor of working at some of the most 
innovative research organizations in the world, including Bell 
Laboratories, IBM T.J. Watson Research Labs, Carnegie Mellon, 
MIT, and a visiting position at the Institute for Advanced 
Studies at Princeton University. From these experiences, I have 
learned not only the science and engineering excellence, but 
also the culture, mentoring, community-building aspects of 
leading-edge research institutions.
    Since January, I have had the honor to lead a diverse, 
experienced, seasoned workforce already in place in the Office 
of the Assistant Secretary. Should the honor be extended to me 
through this confirmation process, I am confident that my 
experiences and knowledge to lead this team of dedicated public 
servants will benefit the present and future of our entire 
transportation system.
    COVID-19 has led--shed light on many challenges facing our 
Nation, including our transportation system. Last year, we saw 
an increase in the number of roadway fatalities, even though 
there were fewer people driving. People, especially those in 
underserved areas, faced challenges accessing work, food, 
health care, and vaccination centers.
    As we emerge into the post-transportation--I mean, post-
COVID transportation landscape, our public policy goals are to 
create a safer, more resilient, and equitable transportation 
system for the American people. Deploying the intellectual 
firepower of research and technology is key to tackling these 
challenges. Our DOT Research and Technology agenda is in 
service of our policy goals by growing our diverse 
transportation workforce while fostering a learning 
environment, supporting public-sector experimentation, and 
providing lessons learned from innovative deployments. Also, 
accelerating novel and early stage research projects and, at 
the same time, enabling system-wide interoperability between 
these innovations, and fostering cross-modal integration. In 
accordance with the President's memorandum on Restoring Trust 
in Scientific Integrity, I am committed to leading DOT research 
in a way that builds trust and relies on evidence and facts.
    Earlier this year, the President released the American Jobs 
Plan, aimed at fixing highways, rebuilding bridges, updating 
ports, airports, and transit systems. This is a once in a 
lifetime capital investment in America to not only meet our 
current infrastructure needs, but also invest in transformative 
research and technology and development programs. These 
investments will improve safety. They will also advance equity 
by providing better jobs and better transportation options to 
underserved communities. They will reduce the impacts of 
climate change by using, actually, more sustainable materials, 
strengthening the Nation's resiliency to natural disasters. 
These investments will allow us to expedite our responses to 
the climate crisis and move to a clean energy economy.
    I look forward to working with the Committee to leverage 
research and technology to create a safe, resilient, and 
equitable transportation system. Thank you again for your 
consideration and for the opportunity for me to appear before 
you. I look forward to your questions.
    [The prepared statement and biographical information of Dr. 
Hampshire follows:]

             Prepared Statement of Dr. Robert C. Hampshire,
     Nominee to be Assistant Secretary for Research and Technology,
                   U.S. Department of Transportation
    Chair Cantwell, Ranking Member Wicker, Members of the Committee, I 
am truly honored to appear before you today as President Biden's 
nominee to be the Assistant Secretary for Research and Technology at 
the U.S. Department of Transportation.
    I'd like to thank my wonderful wife Alexandra Murphy, who is here 
today. She is a professor and a leading sociologist of poverty in the 
suburbs, and my rock. I'd like to acknowledge my sisters Natasha and 
Natalie, my brother Raymar, and my parents Robert and Linda Hampshire, 
whose great migration from Mobile, Alabama to Lima, Ohio is my model 
for faith, hope, and love in action. President Biden and Secretary 
Buttigieg--thank you for your confidence in me.
    Prior to January 20th, I was an associate professor at the Gerald 
R. Ford School of Public Policy and the University of Michigan 
Transportation Research Institute (UMTRI). There, I led a large a 
multi-disciplinary team studying how transportation systems impact the 
environment and equitable access to opportunities.
    I am quite familiar with the research and technology programs at 
the Department of Transportation. Over my career, I've received funding 
from two University Transportation Centers (UTCs), funding from the 
Federal Highway Administration, the DOT Small Business Innovation 
Research (SBIR) program, the Federal Transit Administration, and the 
National Highway Traffic Safety Administration. Additionally, at UMTRI, 
I conducted research on connected vehicles and infrastructure with the 
support of the Intelligent Transportation Systems Joint Program Office 
(ITS JPO).
    I've had the honor of working at some of the most innovative 
research organizations in the world, including Bell Laboratories, IBM 
T.J. Watson Research Laboratories, Carnegie Mellon University, and 
visiting positions at the Massachusetts Institute of Technology and the 
Institute for Advanced Studies at Princeton University. From these 
experiences, I've learned not only science and engineering excellence, 
but also the culture, mentoring, and community-building aspects of 
leading-edge research institutions. Since January, it has been an honor 
to lead a diverse, experienced, and seasoned workforce already in place 
in the Office of the Assistant Secretary. Should the honor be extended 
to me through this confirmation process, I am confident my experiences 
and knowledge to lead this team of dedicated public servants will 
ultimately benefit the present and future of our entire transportation 
system.
    COVID-19 has shed light on many challenges facing our Nation, 
including our transportation system. Last year, we saw an increase in 
the number of roadway fatalities, even though there were fewer people 
driving. People, especially those in underserved areas, faced 
challenges accessing work, food, health care, and vaccination centers. 
We witnessed a dramatic change in commuting behavior due to a divide 
between those able to work from home, and those deemed too essential to 
work from home.
    As we emerge into a post-COVID transportation landscape, our policy 
goals are to create a safer, more resilient, and equitable 
transportation system for the American people. Deploying the 
intellectual firepower of DOT research and technology is key to 
tackling these challenges and ensuring we are prepared for many more. 
Our DOT Research and Technology agenda is in service of our policy 
goals--by growing a diverse transportation workforce while fostering a 
learning environment; supporting public-sector experimentation and 
providing lessons learned from innovation deployments; accelerating 
novel, early-stage research projects; and enabling system-wide 
interoperability between innovations and fostering cross-modal 
integration. In accordance with the President's memorandum on 
``Restoring Trust in Government Through Scientific Integrity and 
Evidence-Based Policymaking,'' I am committed to leading DOT research 
in a way that builds trust and relies on evidence and facts.
    Earlier this year, the President released the American Jobs Plan, 
aimed at fixing highways, rebuilding bridges, and upgrading ports, 
airports and transit systems. This is a once-in-a-century capital 
investment in America to not only meet our current infrastructure needs 
but also invest in transformative research and development programs. 
These investments will improve safety. They will advance equity by 
providing better jobs and better transportation options to underserved 
communities--including communities of color and rural communities. They 
will reduce the impacts of climate change by using more sustainable 
materials and strengthen the Nation's resiliency to natural disasters. 
These investments will allow us to expedite our response to the climate 
crisis and move to a clean energy economy.
    I look forward to working with this committee to leverage research 
and technology to create a safe, resilient, and equitable 
transportation system for the American people.
    Thank you again for your consideration and for the opportunity to 
appear before you. I look forward to your questions.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used):

        Robert Cornelius Hampshire.

    2. Position to which nominated: Assistant Secretary for Research 
and Technology, Department of Transportation.
    3. Date of Nomination: April 27, 2021.
    4. Address (List current place of residence and office addresses):
    My current residence and office address are the same.
    5. Date and Place of Birth: 8/30/78; Lima, OH.
    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).

        Alexandra K. Murphy, Assistant Professor, University of 
        Michigan.
        No children.

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

        2001-2007
        Princeton University
        Ph.D. Operations Research and Financial Engineering.

        1996-2001
        University of Cincinnati
        Bachelor of Science in Electrical Engineering

    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.

   2000 Bell Laboratories--Lucent Technologies--Research Intern

   2003 T.J Watson Research Labs--IBM--Research Intern

   2004 T.J Watson Research Labs--IBM--Research Intern

   Fall 2006--2012, 2012-2014--Carnegie Mellon University 
        Assistant Professor--Heinz College of Public Policy and 
        Management

   2012-2013--Massachusetts Institute of Technology--Visiting 
        professor--Engineering Systems Division

   2014-2018 University of Michigan, Transportation Research 
        Institute, Research Assistant Professor

   2018-Jan 19, 2021 University of Michigan, Gerald R. Ford 
        School of Public Policy, Associate Professor

    9. Attach a copy of your resume.
    See 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.
    Go-Op LLC, partner, 2010-2013
    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 
religiously affiliated organization, private club, or other membership 
organization. (For this question, you do not have to list your 
religious affiliation or membership in a religious house of worship or 
institution.). 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 disability.

        Institute of Operations Research and Management Science 
        (INFORMS): 2001 to present, member
        Transportation Research Board--2007 to present, member

    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. List all memberships and offices held with and services 
rendered to, whether compensated or not, any political party or 
election committee within the past ten years. If you have held a paid 
position or served in a formal or official advisory position (whether 
compensated or not) in a political campaign within the past ten years, 
identify the particulars of the campaign, including the candidate, year 
of the campaign, and your title and responsibilities.

   2008 and 2012--Volunteered for organizing, canvassing, and 
        phone banking, Barack Obama Presidential Campaign in 
        Pennsylvania.

   2020--Volunteered for the Michigan Democratic Party to count 
        mail in and absentee ballots in Michigan.

    15. Itemize all political contributions to any individual, campaign 
organization, political party, political action committee, or similar 
entity of $200 or more for the past ten years.
    All entries here are the result of electronic searches (e.g., 
FEC.gov) and reflect the best of my recollection. Should any additional 
contributions be identified, I will promptly let the Committee know.

        2011--Barack Obama, U.S. Presidency: $200

        2019--Morgan Harper, U.S. Congress, Ohio: $100

        2020--Gary Peters, Senate, Michigan: $50

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

        2012--National Science Foundation, CAREER Award

        2012--National Academies of Engineering, Frontiers in 
        Engineering

        2011--Intelligent Transportation Society of America (ITS) 
        Spotlight Award: ParkPGH

        2011--National Academies of Engineering, Frontiers in 
        Engineering Education

    17. Please list each book, article, column, Internet blog posting, 
or other publication you have authored, individually or with others. 
Include a link to each publication when possible. 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.
Publications
    Please see my CV for the most up-to-date list of publications--to 
the best of my ability. If additional publications are identified 
following the submission of this questionnaire, I will promptly let the 
Committee know.
Speeches
    Please see my CV for the most up-to-date list of speeches and non 
congressional hearings I have been able to compile--to the best of my 
ability. If additional speeches or remarks are identified following the 
submission of this questionnaire, I will promptly let the Committee 
know.
    18. List digital platforms (including social media and other 
digital content sites) on which you currently or have formerly operated 
an account, regardless of whether or not the account was held in your 
name or an alias. Include the name of an ``alias'' or ``handle'' you 
have used on each of the named platforms. Indicate whether the account 
is active, deleted, or dormant. Include a link to each account if 
possible.

   Twitter--https://twitter.com/roberthampshire

   Facebook--https://www.facebook.com/robert.c.hampshire

   LinkedIn--https://www.linkedin.com/in/robert-c-hampshire-
        285345107/ and
    linkedin.com/in/robert-hampshire-553bl8la0

   Instagram--roberthampshire

    19. 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.
    20. 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 my background as a researcher and professor working 
in the field of innovative transportation systems and policy qualifies 
me for this appointment. I have conducted research and published 
articles on many of the areas of responsibility for the Office of 
Research and Technology including: connected and automated vehicles, 
car sharing, ridesharing, and bike sharing; pedestrian and bicyle 
safety models and equity analysis of transportation systems. 
Furthermore, I am familiar with and have been associated with 2 U.S. 
DOT funded University Transportation Centers (UTCs).
    21. 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 confirmed, it is my responsibility to ensure that the Office of 
Research and Technology is complaint with all of the relevant statues 
governing budgeting, accounting, performance management, and financial 
responsibility. I have led many funded research project teams over my 
career as a professor and researcher. This included responsibility for 
financial management and compliance. This experience includes large 
project teams with members from academy, non-profits, and the public 
sector.
    22. What do you believe to be the top three challenges facing the 
department/agency, and why?
    The Department of Transportation's number one priority is the 
safety of the traveling public. Hence, the top challenge for the 
Department of Transportation is reducing the number of people that die 
in crashes. Reducing crashes is more difficult than it seems. For 
example, the fatal crash rate increased during COVID despite many fewer 
people travelling.
    The second challenge is ensuring that the transportation system 
connects all people and communities to opportunity. This is a difficult 
challenge to overcome due to the many unique and diverse needs and 
circumstances of the America people; from rural to urban communities.
    The third challenge is creating jobs and supporting economic 
growth. We must ensure that our formula and discretionary grant 
programs, research and innovation, and regulatory activities are 
targeted to both improve the performance of the transportation system 
and to have the highest benefit for equitable economic growth and job 
creation.
                   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 maintain retirement accounts from Carnegie Mellon University and 
the University of Michigan. Neither I or these institutions will 
contribute to these accounts during the term of my Federal employment.
    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.
    I am currently on leave from my tenured faculty position at the 
University of Michigan. The University is not paying me, nor 
contributing to my retirement account while I serve in my current role 
within DOT.
    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. Explain how you will 
resolve each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of the 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 the ethics agreement 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. Explain how you will resolve 
each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of the 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 the ethics agreement 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. Identify any other potential conflicts of interest, and explain 
how you will resolve each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the Office of the 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 the ethics agreement 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.
    6. Describe any activity during the past ten years, including the 
names of clients represented, 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.
                            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? No.

    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.

    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.
    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, and that 
your department/agency endeavors to timely comply with requests for 
information from individual Members of Congress, including requests 
from members in the minority? 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 Robert C. Hampshire

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    The Chairwoman. Thank you, Dr. Ms. Petsonk, thank you so 
much for your willingness to serve in this capacity.

                 STATEMENT OF CAROL A. PETSONK,

             NOMINEE TO BE ASSISTANT SECRETARY FOR

              AVIATION AND INTERNATIONAL AFFAIRS,

               U.S. DEPARTMENT OF TRANSPORTATION

    Ms. Petsonk. Chair Cantwell, Ranking Member Wicker, 
committee members who may be listening, I am deeply honored to 
appear before you today----
    The Chairwoman. Pull the microphone a little closer, yes.
    Ms. Petsonk. Is that better?
    The Chairwoman. Yes.
    Ms. Petsonk. I am deeply honored to appear before you today 
as President Biden's nominee for Assistant Secretary for 
Aviation and International Affairs at the Department of 
Transportation.
    I would like to thank my husband, John Watts, who is with 
me here today. He is a wonderful public servant and a great dad 
to our fine son Nico, who is also here today. I would like to 
thank my extended family who are watching from home, and the 
government, industry, labor, academic, and non-governmental 
experts across aviation and international trade, with whom I 
have had the pleasure of working with over the years. I have so 
appreciated their expertise, perspectives, and time.
    I am from a small town in Pennsylvania--Altoona, where our 
one gate airport was our family's gateway to the country and to 
the world. I have a firsthand appreciation for this committee's 
work to connect communities across America's heartland to the 
national and global economy. Since January, when I began 
managing the Office of Aviation and International Affairs, I 
have dedicated myself to faithfully administering those 
Congressionally authorized programs that achieve this very 
mission--programs such as the Essential Air Service Program, 
the Small Community Air Service Development Program, and the 
enormously successful Open Skies initiative. Together, these 
support a safe, vibrant, efficient, competitive, and resilient 
aviation industry.
    The portfolio of the Office touches on all the Department's 
international activities. My experience in international 
affairs includes serving in the Office of the U.S. Trade 
Representative, the U.S. Department of Justice, the United 
Nations Environment Program, and the Environmental Defense 
Fund. I have participated in the interagency development of 
international climate and environmental policy, and worked with 
colleagues in the Departments of Justice, State, Defense, and 
USTR, litigating cases of strategic importance to our Nation. I 
have served as an expert observer in ICAO, the International 
Civil Aviation Organization, and helped develop the landmark 
CORSIA, or Carbon Offsetting and Reduction Scheme for 
International Aviation.
    Looking ahead, as our Nation emerges from the pandemic, I 
am committed to working with Members of Congress and their 
staffs, consumers, labor organizations, industry, State and 
local stakeholders, and colleagues across Federal agencies 
toward a stronger, more resilient transportation system. 
Aviation, particularly sustainable aviation, can expand our 
base of great jobs. We can unleash innovation to create new 
opportunities for rural communities, for historically 
disadvantaged communities. We can safely integrate drones into 
the national airspace, and address climate change through 
measures like those that encourage sustainable aviation fuel.
    The Commerce Committee, the Congress, and the American 
people have provided extraordinary assistance to the aviation 
industry in its hour of need. Our challenge now is to bring the 
economy safely out of the COVID crisis, help our Nation's 
transportation systems navigate the new normal, and deliver the 
infrastructure upgrades that are so essential to their success.
    As more Americans get vaccinated, we are seeing significant 
increases in domestic travel. But our international partners 
are also eager to open travel with us. With safety as our north 
star, the Department must lead. The incredibly dedicated team 
in the Office of Aviation and International Affairs is applying 
its expertise every day toward the goal of enabling Americans 
to reconnect safely, here at home and with the world. We are 
focused on fairness, countering discriminatory actions, and 
pressing other countries to provide a level flying field for 
U.S. carriers and U.S. workers.
    I came to the Department inspired by my father, a brilliant 
electrical engineer and a pilot. He instilled in me a love and 
awe of flight and a deep desire to make things work for people. 
Both my parents were deeply public-service-oriented. Their 
words still ring true for me, ?You owe a debt to society. You 
owe a debt to our country.? Serving as Assistant Secretary of 
Transportation for Aviation and International Affairs would be 
the opportunity of a lifetime to repay that debt.
    If I have the honor of being confirmed, I vow to work with 
you--with this committee to strengthen the aviation and 
international transportation, with a goal of improving results 
and opportunities for the American people.
    Thank you again for the opportunity. I look forward to your 
questions.
    [The prepared statement and biographical information of Ms. 
Petsonk follow:]

   Prepared Statement of Carol A. (``Annie'') Petsonk, Nominee to be 
   Assistant Secretary for Aviation and International Affairs, U.S. 
                      Department of Transportation
    Chair Cantwell, Ranking Member Wicker, Members of the Committee, 
I'm deeply honored to appear before you today as President Biden's 
nominee for Assistant Secretary for Aviation and International Affairs 
at the U.S. Department of Transportation.
    I'd like to thank my husband John Watts, who is with me here today. 
He is a wonderful public servant and a great dad to our fine son Nico, 
who is also here today. I'd like to thank my extended family who are 
watching from home. I also want to thank the government, industry, 
labor, academic, and non-governmental experts across the aviation 
sector and in international and trade law with whom I have had the 
pleasure of working over the years--I've so appreciated their 
expertise, perspectives, and time.
    I grew up in the small town of Altoona, Pennsylvania, where our 
one-gate airport was our family's gateway to the country--and the 
world. As a result, I have first-hand appreciation for this Committee's 
work to connect communities across America's heartland to the national 
and global economy. Since January, when I began managing the Office of 
Aviation and International Affairs, I have dedicated myself to 
faithfully administering those Congressionally-authorized programs that 
achieve this very mission--programs such as the Essential Air Service 
Program, the Small Community Air Service Development Program, and the 
hugely successful open-skies initiative. Together, these programs 
support a safe, vibrant, efficient, competitive, and resilient aviation 
industry.
    Of course, the portfolio of the Office touches on all the 
Department's international activities across the modal administrations. 
My experience in international affairs includes serving in the Office 
of the U.S. Trade Representative (USTR); the U.S. Department of 
Justice; the United Nations Environment Programme (Nairobi); and the 
Environmental Defense Fund (EDF).
    In my previous Federal government service, I participated in the 
interagency development of international climate and environmental 
policy, and worked with colleagues in the Departments of Justice, 
State, Defense, and the U.S. Trade Representative litigating cases of 
strategic significance to the Executive Branch. I've also served as an 
expert observer member of International Civil Aviation Organization 
(ICAO) committees, helping develop standards for implementing the 
landmark Carbon Offsetting and Reduction Scheme for International 
Aviation (CORSIA).
    Looking ahead, we must address major challenges as our Nation 
emerges from the pandemic. I am committed to working across the 
spectrum--with Members of Congress and their staff, consumers, labor 
organizations, industry, state and local stakeholders, and our 
colleagues across Federal agencies--to find pathways to a stronger, 
more resilient transportation system. I believe that aviation--
particularly sustainable aviation--can expand our base of great jobs. 
We can unleash innovation to create new opportunities for rural and 
historically disadvantaged communities, safely enable the integration 
of drones into the airspace, and address climate change through 
measures such as those which incentivize greater use of sustainable 
aviation fuel.
    The Commerce Committee, the Congress, and the American people have 
provided extraordinary assistance to the aviation industry in its hour 
of need. Our challenge now is to bring the economy safely out of the 
COVID crisis, help our Nation's transportation systems navigate the new 
normal, and deliver the infrastructure upgrades that are so essential 
to their success.
    As more and more Americans get vaccinated, we're seeing significant 
increases in domestic travel, but our international partners are also 
eager to open travel with us. With safety as our north star, the 
Department must lead. I assure you that the dedicated team in the 
Office of Aviation and International Affairs is applying its expertise 
every day toward the goal of enabling Americans to reconnect safely--
here at home and with the world. And we're focused on fairness--
countering discriminatory actions and pressing other countries to 
provide a level flying field for U.S. carriers and their workers to 
compete.
    I came into the Department inspired by my father, who was a 
brilliant electrical engineer and a pilot. He instilled in me a love 
and awe of flight and a deep desire to make things work for people. 
Both my parents were deeply public-service-oriented. They impressed 
this ethos on us over and over again with words that still ring true 
for me: ``You owe a debt to society. You owe a debt to our country.'' 
Serving as Assistant Secretary of Transportation for Aviation and 
International Affairs would be the opportunity of a lifetime to repay 
that debt.
    If I have the honor of being confirmed, I vow to work with this 
committee to strengthen the aviation and international transportation 
industries and their workforces, with a goal of improving results and 
opportunities for the American people. In closing, thank you again for 
your consideration and the opportunity to appear before you. I look 
forward to your questions.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used): Carol Annette 
(``Annie'') Petsonk
    2. Position to which nominated: Assistant Secretary for Aviation 
and International Affairs, U.S. Department of Transportation
    3. Date of Nomination: April 28, 2021
    4. Address (List current place of residence and office addresses):

        Residence: Information not released to the public.
        Office: 1200 New Jersey Avenue, SE, Washington, DC 20590.

    5. Date and Place of Birth: March 5, 1957; Altoona, PA.
    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: John W. Watts, Senior Counselor, Office of Senator Dianne 
Feinstein
    7. List all college and graduate degrees. Provide year and school 
attended.

        Juris Doctor, Harvard Law School, 1984.
        Bachelor of Arts in Biology, The Colorado College, 1979.

    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.
Managerial Experience:
   U.S. Department of Transportation: Principal Deputy 
        Assistant Secretary for Aviation and International Affairs, 
        Washington, DC, January 2021 to present.

   Environmental Defense Fund: International Counsel, 
        Washington, DC, March 1995-January 2021.
Non-Managerial Experience:
   George Washington University Law School: Professorial 
        Lecturer in Law, Washington, DC, 1995 to present.

   George Washington University Law School: Visiting Scholar, 
        Washington, DC, 2010-2011.

   United States Department of Justice, Environment and Natural 
        Resources Division: Trial Attorney, Policy, Legislation and 
        Special litigation Section, Washington, DC, 1990-1995.

   University of Maryland Law School: Adjunct Professor, 
        Baltimore, MD, 1993-1996.

   Office of the United States Trade Representative, Executive 
        Office of the President: Director, Trade and Environment 
        Affairs, Washington, DC, 1992.

   American University: Adjunct Professor, Washington, DC, 
        1992.

   United Nations Environment Programme: Programme Officer, 
        Environmental Law Unit, Nairobi, Kenya, 1986-1989.

   Holme, Roberts & Owen: Associate, Denver, CO, 1985-1986.

   Massachusetts Appeals Court: Law Clerk to the Hon. Benjamin 
        V. Kaplan, Boston, MA, 1984-1985.

   Goodwin, Procter & Hoar: Law Clerk, Boston, MA, 1984.

   Wolf, Block, Schorr & Solis-Cohen: Law Clerk, Philadelphia, 
        PA, 1983.

   Natural Resources Defense Council: Law Clerk, New York, NY, 
        1983.

   Office of the City Attorney of Colorado Springs: Law Clerk, 
        Colorado Springs, CO, 1982.

   Holme, Roberts & Owen: Law Clerk, Colorado Springs, CO, 
        1982.

   Penrose Hospitals: Planner, Colorado Springs, CO, 1979-1981.

   Poor Richard's Feed and Read: Waitress, Colorado Springs, 
        CO, 1979.

    9. Attach a copy of your resume.
    See Attachment A.
    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.

   2814 Pleasant Valley Properties, LLC--managing partner. 
        (Family LLC owns a small commercial property in Altoona, 
        Pennsylvania)

   I am a trustee of the following family trusts:

     Benjamin Eisdorfer Trust

     Benjamin Eisdorfer 2011 Trust

     Joshua Simon Petsonk Trust

     Ariel Petsonk Trust

   I was a trustee of the Hope Eva Eisdorfer Trust (this trust 
        terminated in the past decade)

    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 
religiously affiliated organization, private club, or other membership 
organization. (For this question, you do not have to list your 
religious affiliation or membership in a religious house of worship or 
institution.). 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 disability.

   Colorado Supreme Court Bar (inactive, dues-paying member), 
        1985 to present

   Massachusetts Bar (active, dues-paying member), 1984 to 
        present

   Doctors Without Borders, 1989-1990

   Environmental Defense Fund (EDF), 1995-2020

   Hadassah (Life Member), 1974 to present

   The Nature Conservancy, 1996-2000 (approx.)

   Planned Parenthood, 2019-2021

    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. List all memberships and offices held with and services 
rendered to, whether compensated or not, any political party or 
election committee within the past ten years. If you have held a paid 
position or served in a formal or official advisory position (whether 
compensated or not) in a political campaign within the past ten years, 
identify the particulars of the campaign, including the candidate, year 
of the campaign, and your title and responsibilities. None.
    15. Itemize all political contributions to any individual, campaign 
organization, political party, political action committee, or similar 
entity of $200 or more for the past ten years.
    See Attachment B for a list of contributions responsive to this 
request. All entries in the attachment are the result of electronic 
searches (e.g., Foxglove) and reflect the best of my recollection. 
Should any additional contributions be identified, I will promptly let 
the Committee know.
    16. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements.

   Honoris Causa, The Colorado College, 2003.

   Phi Beta Kappa, 1979.

   National Merit Scholar, 1974.

    17. Please list each book, article, column, Internet blog posting, 
or other publication you have authored, individually or with others. 
Include a link to each publication when possible. 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.
    See Attachment C. All entries in the attachment reflect the best of 
my recollection. Should any additional information be Identified, I 
will promptly let the Committee know.
    18. List digital platforms (including social media and other 
digital content sites) on which you currently or have formerly operated 
an account, regardless of whether or not the account was held in your 
name or an alias. Include the name of an ``alias'' or ``handle'' you 
have used on each of the named platforms. Indicate whether the account 
is active, deleted, or dormant. Include a link to each account if 
possible.

        LinkedIn: https://www.linkedin.com/in/annie-petsonk-29030011 
        (active account)

    19. 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.
   United States Senate, Committee on Commerce, Science, and 
        Transportation, June 6, 2012: ``Hearing on the European Union 
        Emissions Trading System (EU ETS) and S. 1956.''

     https://www.commerce.senate.gov/2012/6/the-european-
            union-s-emissions-trading-system

     https://www.commerce.senate.gov/services/files/
            50CD0734-7038-45CB-9CB0-DF5F835E8CD9

   United States House of Representatives, Committee on Energy 
        and Commerce, Subcommittee on Energy and Air Quality, March 27, 
        2007: ``Climate Change International Issues, Engaging 
        Developing Countries.''

     https://www.govinfo.gov/content/pkg/CHRG-110hhrg37453/
            html/CHRG-110hhrg37453.htm

     http://energycommerce.house.gov/images/stories/
            Documents/Hearings/PDF/110-eaq-hrg.032707.Petsonk-
            testimony.pdf

    20. 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?
    My father was an electrical engineer and a pilot. He instilled in 
me a love and awe of flight, and a deep desire to make things work. I 
adored going with him to the small but mighty Altoona/Blair County 
Airport (symbol: AOO), where we went right out onto the tarmac to board 
the planes, which all departed from ``Gate 1.'' I have great 
appreciation for the work of Congress in directing the Department to 
ensure that communities like Altoona are served through programs such 
as the Small Community Air Service Development Program (SCASDAP) and 
the Essential Air Services (EAS) Program. Having grown up in a small 
town but also lived overseas and worked In international negotiations, 
it's particularly exciting for me that the work of the Department 
overseen by the Assistant Secretary of Transportation for Aviation and 
International Affairs spans the breadth of the Department's 
international portfolio as well as the economic framework established 
by Congress to foster a vibrant and efficient U.S. aviation sector 
serving communities large and small.
    My qualifications for this role include thirty-five years of 
experience working in International affairs, with more than twenty 
years in international aviation law and policy; two and half decades of 
teaching in the field of international law; and a half decade in the 
Executive Branch in international law-related positions that required 
close coordination with the Legislative Branch.
    Throughout my career I have valued bipartisanship, from working on 
the Montreal Protocol on the Ozone Layer, championed by President 
Reagan's Secretary of State, George Schultz, to helping develop a 
global approach to aviation emissions as called for in legislation 
spearheaded by Senators John Thune and John Kerry. I joined the 
Environment and Natural Resources Division of the U.S. Justice 
Department in 1990 to work under the leadership of Assistant Attorney 
General Richard B. Stewart, in the Administration of President George 
H.W. Bush. My experience at DOJ developing the Division's international 
focus, coordinating with the Antitrust Division, litigating cases of 
international policy significance, reviewing every piece of proposed 
legislation touching international environmental considerations, 
representing the Department in interagency policy development, and--on 
detail to the U.S. Trade Representative's office (USTR)-representing 
USTR on the U.S. delegation to the Earth Summit in Rio de Janeiro, gave 
me insights into and practical experience with the kinds of 
international negotiations, interagency processes, and relationships 
with Congress that are so crucial to DOT's Office of Aviation and 
International Affairs. My work spanning UNEP, DOJ, USTR, and EDF, 
facilitating treaty negotiations, developing international instruments 
in aviation and other fields, and coordinating with committees of 
jurisdiction, including this Committee, have given me a depth of 
experience upon which to draw in leading and inspiring the work of the 
extraordinarily talented career staff at DOT.
    I began in the field of aviation in the mid-1990s, coordinating 
with the National Aeronautical and Space Administration (NASA) on a 
series of meetings held in Virginia Beach, cosponsored by the FAA and 
international partners, to bring together distinguished scientists to 
identify and characterize the effects of the aerospace sector on the 
global atmosphere. Those meetings provided input into what became the 
first sectoral analysis undertaken by the Intergovernmental Panel on 
Climate Change, the 1999 IPCC Special Report on Aviation and the Global 
Atmosphere. I co-authored one of the first papers on the development, 
in ICAO, of a multilateral approach to addressing climate-damaging 
emissions--an approach that has, to a considerable degree, been 
incorporated into ICAO's Carbon Offsetting and Reduction Scheme for 
International Aviation (CORSIA), negotiated by State, FAA, and DOT 
pursuant to authority specified by Congress in 2012.
    From 2013 to 2020, I participated as an expert observer in meetings 
of the International Civil Aviation Organization, including its 
Committee on Aviation Environmental Protection and its Assembly, on the 
development of CORSIA and Its implementing provisions, a number of 
which address Sustainable Aviation Fuel (SAF). This gave me experience 
with the work of ICAO and the role of the United States in ICAO, the 
aviation economic frameworks established by Congress, and the effect of 
disrupters like the OVID crisis as--with the help of the Department, 
this Committee, and the Congress--the aviation sector seeks to recover 
and help the Nation and the world recover from the pandemic.
    My experiences living in many different places in the United States 
and around the world, and working as a career Federal civil servant as 
well as in various other capacities, give me the ability to relate to 
the Department's diverse career staff to help them build on their 
terrific expertise and strengths as a team to further the mission of 
the Department.
    My parents were deeply public-service-oriented. My father impressed 
on us over and over again, ``you owe a debt to society.'' Serving as 
Assistant Secretary of Transportation for Aviation and International 
Affairs would be the privilege of a lifetime to try to repay that debt.
    21. 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?
    Upholding the Department's integrity is the solemn responsibility 
this Committee has entrusted to the senior leadership of the Department 
of Transportation.
    It's an honor to build together with the extremely well qualified 
and highly professional team of dedicated civil servants at the 
Department to ensure that the Department has the proper controls and so 
maintains the trust of the American people, the Congress, and this 
Committee.
    If confirmed, my previous experience coordinating international 
matters across the ``largest environmental law firm in the country''--
the U.S. Department of Justice's Environment and Natural Resources 
Division--and directing a multimillion dollar program with full-time 
staff and consultants in a challenging and fast-paced environment at 
EDF, will stand me in good stead in managing the Office of Aviation and 
International Affairs at DOT.
    22. What do you believe to be the top three challenges facing the 
department/agency, and why?
    Safety is and must always be the Department's North Star. The 
Office of Aviation and International Affairs must work closely with the 
other offices and modes to help advance the application of new 
technologies while maintaining the highest levels of safety. In 
evaluating the economic aspects of these new technologies, from 
electrification to unmanned aircraft systems to automated and connected 
vehicles, it's a privilege to work with the top-notch professionals in 
the Office of Aviation and International Affairs. If confirmed I would 
be grateful to continue and extend our work to further the efficiency 
and effectiveness of our transportation system.
    The Department plays an important set of roles in COVID recovery, 
from instituting measures to safeguard our Nation's transportation 
systems, including our air transport system, to helping make vaccines 
widely available for transportation workers and the broader public.
    Congress has taken extraordinary steps to help the aviation sector 
recover from the gut-punch of the pandemic. How customer needs for 
transportation will change in response is not yet clear. We in the 
Office of Aviation and International Affairs must work closely with the 
sector, maintaining clear lines of communication with interested 
consumer, labor, and industry stakeholders, to help the sector 
anticipate and adapt to the new normal.
    That will also entail helping the sector in its efforts to place 
climate and equity at the core of its rebuilding. The aviation sector 
recognizes that these are crucial to its long-term durability. We are 
seeing companies make new commitments and seek new partnerships with 
the Federal government. If confirmed, I would be honored to use my 
experience at the intersection of aviation, climate, and international 
affairs to help lead the sector to a more sustainable recovery.
                   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. Explain how you will 
resolve each potential conflict of interest.
    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 any potential conflicts 
of interest. Any potential conflicts of interest will continue to be 
resolved in accordance with the terms of an ethics agreement that I 
have entered into with the Department's Designated Agency Ethics 
Official and that has been provided to this Committee. I am not aware 
of any 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. Explain how you will resolve 
each potential conflict of interest.
    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 any potential conflicts 
of interest. Any potential conflicts of interest will continue to be 
resolved in accordance with the terms of an ethics agreement that I 
have entered into with the Department's Designated Agency Ethics 
Official and that has been provided to this Committee. I am not aware 
of any potential conflicts of interest.
    5. Identify any other potential conflicts of interest, and explain 
how you will resolve each potential conflict of interest.
    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 any potential conflicts 
of interest. Any potential conflicts of interest will continue to be 
resolved in accordance with the terms of an ethics agreement that I 
have entered into with the Department's Designated Agency Ethics 
Official and that has been provided to this Committee. I am not aware 
of any potential conflicts of interest.
    6. Describe any activity during the past ten years, including the 
names of clients represented, 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.
    In 2012, I testified in Congress opposing, or in the alternative 
recommending modifications of, S. 1956, in order to ensure that the 
liability incurred by U.S. airlines if they were prohibited from 
complying with European law, would not fall on U.S. taxpayers. In 
response, Senator Benjamin Cardin introduced an amendment to the bill, 
which was adopted, to ensure that U.S. taxpayers would not face that 
liability.
    In March 2020, I recommended that in enacting legislation to 
provide payroll support to U.S. airlines suffering the impacts of the 
pandemic, Congress consider not only placing minimum air service 
obligations on airlines, but also committing the carriers to limit and 
reduce their greenhouse gas emissions. This recommendation was not 
adopted; however, in March 2021, U.S. airlines announced a commitment 
to net-zero emissions by 2050, provided the U.S. government supports 
them in meeting that commitment.
                            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.
    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, and that 
your department/agency endeavors to timely comply with requests for 
information from individual Members of Congress, including requests 
from members in the minority? 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.
                                 ______
                                 
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    The Chairwoman. Thank you. We are expecting votes shortly, 
so I hope that the Ranking Member and I can get through a round 
of questions. And then, we will probably take a short recess to 
come back and have questions from other members, since we are 
having a couple of tight votes this morning.
    But let me first start--I have many questions for all of 
you. So, I will not get through those. But I do have a question 
that, literally, I think applies to all of you, across the 
transportation sector.
    I agree, Ms. Petsonk, about safety. It is the most 
important aspect of, I believe, where we are today. I think we 
have a variety of trends facing us. We have, obviously, 
automation in our transportation sector that is across the 
board of all the interests represented at the table, here, and 
the diversity of our transportation system. And we have the 
human factor interface of automation and transportation. So, as 
automation increases, so do the risks with human factors. 
Nothing says that more that the incidents of the 737 Max and 
what happened.
    And we have another trend, Ms. Petsonk that you represent 
most, which is the globalization and what is the rest of the 
world doing on that. So, we--as, you know, someone said, if you 
want to be the leaders in aviation, you need to be the leaders 
in aviation safety. So, we want these standards to be met 
around the globe. And we want to be the leaders in this, 
including having the right work force.
    So, I would like to ask each of you, what are the one or 
two changes that you think we need to make to assure that we 
are giving the due diligence to this issue of automation, 
safety, and work force, as it relates to making the United 
States the leaders here, and not--and not laggers? And 
certainly not adhering to a lower standard on the international 
front. We want to have the best standard on the international 
front and lead the way on that discussion.
    So, if you could just--one or two things that you think we 
need to do to help with that.
    Hon. Homendy. Yes, I think we need to design our systems in 
a way that prevents human error and takes into account human 
performance. But then, I also think that we need a strong 
safety foundation. We need safety standards, safety measure 
that are in place. Whether it is on our roads, whether it is 
automated vehicles, whether it is in aviation, you have to have 
that framework in place as technology is implemented.
    The Chairwoman. So, standards and the first thing you said 
was----
    Hon. Homendy. Standards, especially in road safety. We have 
to design our system to--in a way that creates a system to 
prevent a driver from making an error in the first place. So 
much focus has been on driver behavior and how to try--how to 
change driver behavior. And I am referring just to road safety 
here, but we have to create a system that prevents that in the 
first place. That is something that aviation industry has 
championed in, their human factors experts have found and 
advocate for and try to create systems that are--that are 
designed around preventing human error.
    The Chairwoman. Thank you. Thank you. Ms. Hedlund--and we 
have to go a little faster here, sorry.
    Ms. Hedlund. All right, thank you. When I was at FRA, 
certainly safety was its absolutely, number one concern. And we 
would begin weekly staff meetings, unfortunately, sometimes the 
resuscitation of workers who might have died the week before.
    But let me speak to a development in the freight world. We 
have the best freight system in the world. And as a result of 
technology, the freight lines have gone to something called 
Precision Scheduled Railroading. It is a model adopted by 
virtually all the Class I's, but the shippers have found it 
disruptive. And the communities--one aspect of this is running 
long trains. We now have, sometimes, trains that are three 
miles long and we do not have sidings that are three miles 
long.
    So, as a Board member, I am going to commit to assure that 
there is appropriate remedial action taken whenever it is 
warranted.
    The Chairwoman. Thank you. Dr. Hampshire.
    Dr. Hampshire. Yes, Chair, thank you for the question. I 
was actually a faculty member in a human factors group around 
transportation automation, so this hits home for me. Within the 
Office of Research and Technology is the Volpe Center.
    The Chairwoman. Yep.
    Dr. Hampshire. Which does--we do research on--we have a big 
human factors group. And so, there, again, continuing to do 
research about behaviors, human interaction with automation. I 
think there is more to be done, both at the human factors level 
and also, in Office of Research and Technology is the Highly 
Automated Safety Systems Center of Excellence, which Congress 
created and authorized to help us create a workforce and 
capacity building within the Department of Transportation, that 
is cross-modal.
    So, the bottom line is cross-modal learning. You know, the 
transportation system has a lot of expertise across, from 
aviation to rail and we can learn from that.
    The Chairwoman. Thank you. Ms. Petsonk.
    Ms. Petsonk. Thank you, Chair Cantwell, for the question. 
And you were focused, also, on the international aspect and for 
that, the Office of Aviation and International Service--and 
International Affairs works with our partners in the 
Department, including the FAA--which has the lead for aviation 
safety--and with our colleagues in the Office of Research, to 
bring the research and results into the standardization bodies, 
like the International Civil Aviation Organization and the 
World Forum for Harmonization of Vehicle Regulations. So that 
we can work with our partners around the world, to ensure that, 
not only are there high levels of standards globally, but that 
there is an opportunity for American technologies and American 
innovations to compete under those standards.
    The Chairwoman. Thank you. I would like a little more 
refinement on that, but since I have got to go to my 
colleagues--So, think about what one or two changes you think 
we need to implement now to gain that, because we are not going 
to tolerate a race to the bottom for ICAO. We are not going to 
go to the international community and agree that, since 
somebody can do way more automation in planes because they 
think that that requires less pilot training. We want to go to 
ICAO with the system that has redundancy. Senator Wicker.
    Senator Wicker. Madam Chair, we have had very excellent 
testimony this morning. And yes, witnesses are encouraged to 
supplement their answers on the record and be given an 
opportunity to do that.
    Ms. Hedlund, you went ahead and mentioned Gulf Coast rail. 
And, of course, it would be inappropriate for you to comment on 
something that you will have to take a fresh look at, should 
you be confirmed. But in March of this year, Amtrak filed a 
petition with the STB, seeking access to CSX Transportation and 
Norfolk Southern lines, for twice daily service between New 
Orleans and Mobile. Of course, that includes three--of the 
three coastal counties in the state of Mississippi.
    The statute contains multiple references to reasonableness 
and that is where members of the Board will have to make a 
determination. I believe the--some of the operative words are, 
``reasonable terms and compensation for using the facilities 
and providing the services.'' There is a balancing act that 
members of the STB will have to perform. There are multiple 
interests. There is certainly the interest of the freight 
railroads and their stockholders, shippers, Amtrak and 
passengers.
    Now, I had a visit, just last week, from the mayor of our 
most populous city on the Gulf Coast--Biloxi, Mississippi. And 
I can't tell you how excited he is and the excitement that he 
expressed about the jobs and the tourism dollars that the 
consummation of this petition would mean, not only for Biloxi, 
but for the entire Gulf Coast. Tomorrow I will be meeting with 
the mayor of the second-most populous city, Gulfport, when, 
actually, Secretary Raimondo and I will be on the Gulf Coast 
and in South Mississippi for matters dealing with the Commerce 
Department.
    How do you balance these groups? The rails have a way of 
saying, oh, sure, you can certainly--we will follow the statute 
but give us several years to get the rails exactly how we think 
they should be. And also, by the way, we will give you a 
schedule that, in my judgment and the judgment of experts, is 
likely not to succeed and to be terminated for lack of 
participation.
    So, how do we--without talking about this specific case, 
how do you balance those interests and comply with the 
reasonable terms and compensation language in the statute?
    Ms. Hedlund. Well, Senator, one of the most important 
things you have to do is really get into the facts. What are 
their needs? What are the infrastructure improvements that are 
absolutely necessary to add a couple of passenger trains? And 
one of the things that I will do, on the Board, is to insist 
that the railroads are completely transparent with us, with 
respect to their costs and their schedules and their needs and 
their prospects, so we can balance everybody's interests.
    It is not an easy exercise. In this case, it is one that 
has gone on entirely too long. So, we are going to really dig 
into it and see if we can get to a reasonable solution to this 
that is very, very important to the Gulf Coast. There is no 
reason that, if you are in Biloxi you should have to fly to 
Atlanta to get to New Orleans and that is the case today. So, 
we know how important it is and we are going to work very hard 
on it.
    Senator Wicker. I am sure you had a good visit to Mobile.
    Ms. Hedlund. Yes.
    Senator Wicker. Six or seven years ago, in a different 
capacity. Hope you would be willing to visit the three 
counties----
    Ms. Hedlund. Absolutely.
    Senator Wicker.--on the Gulf Coast of Mississippi.
    Ms. Hedlund. I look forward to it.
    Senator Wicker. Thank you. I yield back, Madam Chair.
    The Chairwoman. Well, we are still waiting for the vote to 
actually start, so--and we are waiting for one of our 
colleagues who is going to come and ask a question. But I will 
just throw it back out that, in our questions, one of the 
things that I hope you will think about is to my question about 
safety, is this issue of training.
    So, I do not think--I do not think a lot of--I am worried 
about our regulators. Obviously, the MAX showed deficiency in 
the regulators requiring the amount of training to be done. So, 
what--what do we need to do to help on the standards side of 
automation and training that highlights the fact that this is--
this needs to be a priority? The reason I am bringing this up--
and not just the MAXs, Ms. Hedlund, when I look at what 
happened on the derailment in DuPont. The same scenario, a lack 
of training and situational awareness in that system, also. You 
know, we had pretty significant derailment that, obviously, 
impacted and caused a loss of life.
    So, I think this is--I think what we are--we are missing 
here, is almost, like, agencies being able to keep up with 
this. And so, what do we need to do to set the standards on 
training on automation, that we are keeping an awareness for 
the agencies, so that we can do our oversight role of these 
agencies. So----
    But I will take that for the record and give you some 
thought. Senator Peters.

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

    Senator Peters. Thank you, Madam Chair, and thank you to 
each of our witnesses for being--or I should say our nominees, 
excuse me--our nominees for being here today, and appreciate 
your willingness to serve.
    Ms. Homendy, one of the NTSB's top safety priorities is to 
prevent drunk and impaired driving. The NTSB reports that 
driving under the influence of alcohol or drugs is currently 
the leading cause of crashes and that, in 2019, 1 in 4 traffic 
fatalities resulted from crashes involving alcohol impaired 
drivers.
    In April, I chaired a hearing about the future of auto 
industry, where we heard from Rana Abbas Taylor, a Michigander 
who lost her sister, her brother-in-law, and their three 
children in a horrific and just tragic accident on the highway. 
Ms. Abbas Taylor advocated passionately for passing the RIDE 
Act. It is a bill introduced by Senators Lujan and Scott, that 
I was proud to be a co-sponsor. This legislation would require 
new cars to be equipped with technology to prevent drunk 
driving. Just last week, this committee passed the RIDE Act, as 
part of the Surface Transportation Reauthorization.
    So, my question to you, ma'am, is can you commit on the 
RIDE Act--on what the RIDE Act would mean, in terms of ending 
drunk driving, if it is ultimately signed into law? And what 
additional policies we should consider here in Congress, to 
combat drunk driving on our highways?
    Ms. Hedlund. Thank you, Senator Peters, for that question. 
And my heart goes out to the Abbas Taylor family. I strongly 
support in-vehicle technology to prevent drunk driving, and so 
does the NTSB. We have had recommendations since 2012 and 2013 
on in-vehicle safety technology to prevent drunk driving. Ten 
thousand people die on our Nation's roads due to impaired 
driving. So, I really appreciate your committee's efforts to 
work on this.
    I think, in addition to that--and I will say, the IAHS did 
an incredible report recently, that stated that up to 9,400 
lives would be saved if that technology was implemented. In the 
meantime, we need to maintain efforts to change BAC levels at 
the State--BAC cutoff levels at the State level, to .05. And we 
also have recommendations on ignition interlocks and, of 
course, high visibility, fair and just enforcement.
    But I do strongly support the in-vehicle safety technology 
to prevent drunk driving, and I think technology can go a long 
way to preventing fatalities on our Nation's roads. Thank you.
    Senator Peters. Well, wonderful. We will look forward to 
working with you, if confirmed.
    Dr. Hampshire, last month President Biden traveled to an 
electric vehicle plant, in my home state of Michigan and he 
declared, ``The future of the auto industry is electric''. And 
I certainly could not agree more, and I am excited to work with 
the Biden Administration to make that vision a reality.
    In looking into the future, we know that the cars will not 
be only electric, they will also be autonomous. And if we want 
to continue being the mobility capital of the world, here in 
the United States, we must promote the adoption of electric 
vehicles, while also, simultaneously, enabling the safe testing 
and deployment of autonomous vehicles, as well. We certainly 
cannot afford competitors, like the Chinese, to seize this 
opportunity. And we have to be very clear, make no mistake, 
China's is doing everything they can, in order to advance that 
technology and be the world leader. I am a--I am a believer 
that, with the right policies in place, we will win this race. 
We have to the political will to do that.
    And it is also essential to fighting climate change, as we 
electrify and put the autonomous together in creating millions 
of good paying jobs and continuing to expand the American 
middle-class. I think it was the auto industry that actually 
created the American middle-class, at the beginning of the last 
century.
    So, Dr. Hampshire, my question for you, if confirmed, would 
you commit to supporting robust research efforts to foster the 
development of autonomous vehicles, as well as electric 
vehicles in the U.S.? And do you have any comment on how 
Federal Government can collaborate with the private sector to 
ensure that the research that we conduct today leads to 
products and innovations that are manufactured here, in the 
United States of America?
    Dr. Hampshire. Thank you, Senator Peters, for that 
question. So, in Michigan, at the University of Michigan, I 
have certainly done testing on automated vehicles and connected 
vehicles at M City, which is public-private partnership with 
industry. And so, within the Department we certainly make sure 
it is safe deployment of automation in a way that creates high-
paying American jobs and that is a priority that we have been 
working on. And if confirmed, will, you know, continue to work 
with your office and the rest of the DOT to accomplish that.
    Senator Peters. Right. Thank you very much. Thank you, 
Madam Chair.
    The Chairwoman. Thank you. Senator Fischer.

                STATEMENT OF HON. DEB FISCHER, 
                   U.S. SENATOR FROM NEBRASKA

    Senator Fischer. Thank you, Madam Chairman. And thank you 
to our nominees for putting yourselves forward to serve this 
country.
    Ms. Petsonk--I hope I pronounce your name correctly--the 
Essential Air Service Program ensures critical air service 
remains available to communities across Nebraska and across 
this country. Without support of the EAS Program, these 
communities would struggle to provide air service for our 
constituents. If confirmed, will you work to ensure the success 
of the EAS Program, so that it can continue supporting 
communities across Nebraska and across the United States?
    Ms. Petsonk. Thank you very much, Senator, for the 
question. Absolutely, I will. I come from a small community 
that is now served by EAS. I am very well aware of the 
importance of the Essential Air Service Program in connecting 
our communities.
    Senator Fischer. Thank you very much. Ms. Hedlund, give 
your previous experience at the FRA, I am interested in knowing 
your thoughts on benefit-cost analysis for regulatory 
proceedings. Do you think that benefit-cost analysis, or 
regulatory impact analysis, are useful in their regulatory 
process? And additionally, in your experience, did you find 
this to be a resource intensive program to develop?
    Ms. Hedlund. Benefit-cost analysis was applied to 
regulations adopted by the Department of Transportation. They 
did a pretty good job of that. We always need to understand 
whether we are imposing regulations where the cost of complying 
with them, not just the paperwork cost, but exceeds, really, 
the benefits.
    And the important thing is to develop the factors that you 
are looking at. We applied benefit-cost analysis, also, to 
grant programs and I think, in those programs, the factors that 
were considered were probably too narrow. When we went through 
an exercise on the Cascadia Project, recently, and we looked at 
just how the DOT looks at things, it is very hard to get above 
one, for a transit or a rail project. But when you look at the 
economic impacts--well, the wider economic impacts are huge.
    But for regulations, just to get back to the point, the 
important thing is to make sure you are looking at the right 
factors.
    Senator Fischer. I know that you have experience both in 
the public and the private sectors working on freight and 
intercity passenger rail projects.
    Ms. Hedlund. Right.
    Senator Fischer. And you also noted, in your questionnaire, 
that you would work to fulfill the STB's role in ensuring a 
robust freight and passenger rail system. In your view, what is 
the STB's role in resolving disputes between freight and 
passenger railroads? And what factors should the STB consider 
during those proceedings?
    Ms. Hedlund. Well, as--as a result of the FRA's finally 
issuing the metrics and standards for Amtrak, disputes between 
Amtrak and the host as to on-time performance will be coming 
before the STB. And, you know, we will be taking a very careful 
look at that. I cannot, you know, comment on it sitting here 
today, but that is going to be one of the--the big challenges 
the Board will be facing in the future.
    Senator Fischer. Ms. Hedlund, I enjoyed our conversation 
that we had before the hearing. And we talked about the ongoing 
freight congestions that we've seen and the bottlenecks that 
are affecting transportation providers and shippers across this 
country, including those in the agriculture industry. What do 
you view as STB's role in addressing the current freight 
backlog?
    Ms. Hedlund. Well, it is not clear what the extent of our 
jurisdiction is, in order to solve that problem. The railroads 
are part of a larger transportation network. We have--there are 
issues with respect to shipments coming from abroad. There are 
issues with respect to the trucking industry and shortage of 
drivers and drayage. And so, I think the role of the STB is to 
gather information and to work collaboratively with other parts 
of the government to see if we can solve this problem.
    It is a very, very serious issue. You have seen, you know, 
pictures of 40 tankers out there in the Port of L.A. and Long 
Beach waiting to, you know, unload their containers to be sped 
through the Alameda Corridor, which I worked on as a younger 
lawyer. Worked on the contracting for that.
    But I was--I was at the beach with my grandkids this 
weekend and out there in the Port of New York, there were all 
these tankers sitting out there and I am thinking, hmm, I 
wonder what is going on. And inland--our inland ports are also 
having problems. I am sure, as the Ranking Member is aware, you 
know, just up the road from where he lives in Memphis, there is 
a terrible problem in Memphis. And the STB has been hearing 
from the Chamber in Memphis about, you know, ``Can you help us 
solve this problem?''
    So, we have a limited role but certainly an important one, 
in terms of data collection and then, providing whatever 
expertise we can, helping other agencies work together to solve 
the problem.
    Senator Fischer. Thank you very much. Thank you, Madam 
Chair.
    The Chairwoman. Well, thank you. So, just on that point, as 
I--as I mentioned in my previous opening statement, this issue 
is, in my opinion, about a growing economic opportunity to the 
United States, which is 95 percent of consumers live outside 
the United States, and if we want to ship and maintain our 
competitiveness, keeping our port infrastructure competitive is 
a very big issue. And so, one of the reasons why we have so 
many components in the Surface Transportation Act focusing on 
that, but clearly we need to do more.
    So, the votes have started. So, I think that we should be 
able to recess until 11:30 and then, come back. Give our 
colleagues, hopefully, time to vote on these two votes. The 
first one is going to be very short because people have to get 
down to the White House for a meeting. So, hopefully, the vote 
will go off on time and we will be able to come back here at 
11:30 and we will see you all then for further questioning.
    We are in recess.
    [Recess]
    The Chairwoman. We will reconvene. Again, thanks to the 
nominees for your indulgence in our Senate voting schedule. We 
will, hopefully, have a chance for other colleagues to ask 
questions. I wanted to start, I think, with Senator Klobuchar, 
if she is----

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

    Senator Klobuchar. Yes, I am here.
    The Chairwoman. Yes, thank you.
    Senator Klobuchar. OK. Thank you so much, Chairman. And I 
want to start out with you, Ms. Homendy. Congratulations on 
your nomination.
    In April, the NTSB released its 2021 Most Wanted List of 
Transportation Safety Improvements, which included eliminating 
distracted driving. Last week, my bill with Senators Markey and 
Blumenthal to--the SAFE TO DRIVE Act, to help ensure that more 
states are eligible for the grants under this program, passed 
as part of another bill.
    If confirmed, could you talk about your plans on distracted 
driving? You know, it is responsible now for more than 58 
percent of teen crashes, something I do not think people 
thought was possible until we got our handheld devices. But 
that is a fact. So, could you address that? Thank you.
    Hon. Homendy. Yes, and Senator, thank you for your 
leadership on distracted driving. It is a critical safety issue 
and one that is on our Most Wanted List of Transportation 
Safety Improvements. And we have several recommendations to 
prevent distracted driving, including strengthening State laws. 
So, the Board works actively in states to improve State laws, 
including on distraction, to prevent distracted driving.
    So, I am happy to work with you and your office going 
forward to ensure your concerns are addressed and that we are 
able to help you in your efforts to move this issue forward.
    Senator Klobuchar. And I talked to the Secretary--to 
Secretary Buttigieg about this, actually, because I think it--
the time has come to make this a priority, again, when you look 
at the numbers.
    I have a question on blocked rail crossings that I will ask 
you on the record, because of what we have seen with the delay 
to emergency vehicles.
    The other thing I want to get to is the--with you, Ms. 
Hedlund, and again, congratulations to you--is the issue of 
captive shippers. We still have this going on where shippers 
are only--where companies, small businesses often, are only 
served by one railroad, and sometimes it is the last leg of a 
route that makes it so expensive. These shippers can face 
increased costs in getting their products to market, whether 
they are shipping grain or paper. What steps would you take to 
ensure captive shippers have access to competitive rates, as a 
member of the Board?
    Ms. Hedlund. Well, the Board, Senator, does have some tools 
in the toolbox to address the issue. And I certainly look 
forward to working with Chairman Oberman and other members of 
the Board on solving this problem. We can look at things like, 
reciprocal switching and competitive access. I know reciprocal 
switching is a very contentious issue with the railroads, but 
there are ways to address it and I will--I look forward to 
working with the Board on solving some of these issues.
    Senator Klobuchar. OK, very good, thank you. Ms. Petsonk, 
smaller regional airports, as you know, provide such a vital 
link in the Chair's state of Washington, in the state of 
Minnesota, to the rest of the world. And we have a major hub we 
are proud of in the Twin Cities, our airport, but we also have 
many smaller airports, as well. And the EAS helps maintain the 
operations of those regional airports.
    Can you speak to how your experience administering the EAS 
program will help you in the role for which you are nominated? 
And how will you improve the program for rural communities?
    Ms. Petsonk. Thank you very much, Senator. Coming from a 
small community myself, a community that now is served in the 
EAS Program, I am well aware of the need to keep our small 
communities connected to our Nation and the world. And so, I 
strongly support the EAS Program and will work with my 
colleagues--my dedicated colleagues in the Office of Aviation 
and International Affairs to keep that program running and 
running efficiently.
    Senator Klobuchar. OK, and then, last, it is clear that 
renewable fuels are a key pathway to decarbonizing our 
transportation sector, while also driving economic growth. I 
personally think we should be investing in the farmers and the 
workers in the Midwest instead of the oil czars of the Mideast. 
And our renewable fuels offer this opportunity to reduce 
emissions. There was a big study that just came out of someone 
at Harvard, showing the differences that you could see with 
renewable fuels versus oil.
    In your view, how could additional incentives for the 
development and production of sustainable aviation fuel help 
grow the market and increase available supply?
    Ms. Petsonk. Thank you, Senator. I am very glad that you 
are interested in this important issue, as am I, and as are we 
at the Department. We think that sustainable aviation fuels 
which, on a life cycle basis can reduce greenhouse gas 
emissions from aviation, are a key part of the effort to 
decarbonize aviation in the United States and globally.
    The American Jobs Plan includes a proposal for a Blender's 
tax credit that would help reduce the cost differential between 
conventional fuels and sustainable fuels. And those are the 
kinds of tools that we think are going to be very useful, both 
to increase demand for the fuels, and increase the supply.
    Senator Klobuchar. OK, very good. Thank you very much. 
Appreciate it.
    The Chairwoman. Thank you. Senator Sullivan.

                STATEMENT OF HON. DAN SULLIVAN, 
                    U.S. SENATOR FROM ALASKA

    Senator Sullivan. Thank you, Madam Chair. And just to raise 
a, kind of, counterpoint. The Biden Administration seems to be 
favoring Russian energy producers and Russian oil and gas 
workers over American oil and gas workers. I happen to have a 
lot of American oil and gas workers who are great Americans, 
who produce a really important product. So, I am good friends 
with Senator Klobuchar, but I don't want this analogy taken too 
far. The men and women who produce oil and gas in America are 
great Americans that have made this country strong for decades 
and we can't put them out of work or favor them over Russian 
oil and gas workers. Would you agree with that, Ms. Petsonk?
    Ms. Petsonk. Yes, thank you, Senator Sullivan. Yes.
    Senator Sullivan. And we still need jet fuel, right?
    Ms. Petsonk. Yes, in fact, sustainable aviation fuel today 
is less than 1 percent--it is a fraction of 1 percent of our 
total fuel supply. So, the transition is going to be a long 
one.
    Senator Sullivan. Transition and we would rather get it 
from American producers than Russian producers or Saudi 
producers or Venezuelan producers, correct?
    Ms. Petsonk. And we think that the incentives for creating 
sustainable aviation----
    Senator Sullivan. I'm talking about just straight up jet 
fuel.
    Ms. Petsonk. And producing----
    Senator Sullivan. That flies our aircraft today.
    Ms. Petsonk. Yes.
    Senator Sullivan. Better to get it from Americans than 
Russians, Saudis--right? Yes, I think the answer is yes, right?
    Ms. Petsonk. Yes.
    Senator Sullivan. Good. Everybody else agree with that? 
There's this, kind of, madness right now that all oil and gas 
workers in America are bad and maybe we can import more oil and 
gas from Russia. President seems to be good to go with that. I 
think it is ludicrous and I think it hurts working families in 
my state and many other states.
    But I am digressing here a little bit. But it's an 
important issue that people seem to forget about. This 
Administration seems to want to go after oil and gas workers. 
And until a couple years ago, they were considered heroes who 
built and made this country strong. I still think they are but, 
hopefully, you guys do, too.
    Let me ask, just to make the point that Senator Klobuchar 
was making on Essential Air Service. You know, in Alaska, this 
is really critical. Eighty-two percent of our communities are 
not accessible by road. Two hundred and fifty communities--251 
communities in Alaska are exclusively accessed by air.
    So, can I just get your commitment again--I know you have 
already given it, which I appreciate--on the Essential Air 
Service Program and certainly want to have a longer discussion 
with you on how really, really impactful that is in Alaska. A 
lot of lower 48 communities, if you don't have Essential Air 
Service, you drive to that community, but that is not the case 
in my state, for most of this. So, can I get your commitment? 
Again, I know you have already given that strong commitment and 
I appreciate it.
    Ms. Petsonk. Senator, I have had the opportunity to visit 
Petersburg, Alaska and greatly appreciate the importance of 
Essential Air Service to communities like Petersburg and 
communities across your great state.
    Senator Sullivan. Great, and I look forward to--can I get 
your commitment to get up to Alaska and see these challenges 
firsthand, again?
    Ms. Petsonk. I would be honored.
    Senator Sullivan. Good. Can I get that commitment from 
everybody here, as a matter of fact?
    Dr. Hampshire. Yes.
    Hon. Homendy. Yes, sir.
    Senator Sullivan. Great. And Ms. Homendy, congratulations, 
again, on your nomination. I think you are doing a good job in 
that position. You may have seen the February 2020 NTSB report 
pointed to a recent 10-year period where the total accident 
rate in Alaska was .35 times higher than the rest of the 
country, in terms of aviation. And in 2015, the FAA required 
Part 121 commercial airliners to develop a comprehensive safety 
management system to improve safety for the flying public yet 
stopped short of applying to all operators.
    Two questions--how does--how does the NTSB envision smaller 
taxis and air tour operators to be able to implement safety 
management systems on par with the larger Part 121 regularly 
scheduled air carriers? And are safety management systems 
scalable? I am very, very, very focused on improving air safety 
in Alaska, but want to ensure our operators in the FAA are 
getting usable and practical suggestions on this important 
issue.
    Hon. Homendy. Well, thank you for the questions, Senator. 
And--and I do know how critical aviation is to your State, even 
for the delivering of goods and medical necessities, and 
supplies and mail. So, I appreciate your being a champion for 
aviation safety in Alaska.
    SMS, as you mentioned, is on our Most Wanted List and it is 
scalable by size and scope. In fact, the FAA does have some 
wonderful information on their website, under Voluntary Safety 
Reporting for much smaller operators. We have encountered 
operators where there are one or two people for an entire 
company. And they focus, mainly, on identifying risks, hazards 
to operations, and then, actively--after identifying those 
hazards, then addressing those hazards proactively.
    So, those are two portions of safety management that they 
can do. And FAA is experienced in working with smaller 
operators to make sure that they can consider their size and 
scope.
    Senator Sullivan. Good. Thank you very much. Thank you, 
Madam Chair. And I will have a few more questions for the 
record.
    The Chairwoman. Thank you. Thank you, Senator Sullivan. 
Senator Blackburn.
    Senator Rosen. Madam Chair?
    The Chairwoman. Senator Rosen.

                STATEMENT OF HON. JACKY ROSEN, 
                    U.S. SENATOR FROM NEVADA

    Senator Rosen. Thank you. Thank you, Madam Chair, 
appreciate it and appreciate all the nominees here today for 
your prior service and willingness to serve here.
    I would like to speak a little bit about nuclear waste 
disposal. So, Ms. Homendy, as Chair of the National 
Transportation Safety Board, you would be in charge of 
investigating the release of hazardous materials that occurs 
during their transportation. For Nevadans, the transportation 
of hazardous waste to our state is something we have been 
fighting since the 1980s. For over 30 years, we have opposed 
the Yucca Mountain Nuclear Waste Disposal Project, in part 
because it would require transporting nearly 9,500 rail casks 
of hazardous, radioactive waste in 2,800 trains and in 2,650 
trucks from across the country to Nevada. It is a major 
transportation safety crisis waiting to happen, putting major 
metropolitan areas in 44 states--44 states, their freeways, 
their railways--railways, excuse me--and millions of Americans 
at risk.
    In this proposal, it is not only dangerous, it is actually 
unrealistic. It would require at least 300 new miles of 
railroad and then, take over 50 years to move the current 
volume of nuclear waste, as I just described. We already have 
an aging rail system and a consistent shipping of heavy casks 
of nuclear waste will cause undue wear and tear on our 
railroads and may have an economic--an economic impact on our 
commercial rail, as well.
    So, Ms. Homendy, will you consider my transportation safety 
concerns and the concerns of Nevadans who do not want their 
home to be a ground for nuclear waste? We do not want dumping 
of nuclear waste in Nevada. We do not want it along highways 
across this country. We do not want it along railways across 
this country. And if any issues about Yucca Mountain come 
before you, will you work with our delegation?
    Hon. Homendy. Absolutely, Senator. I understand how 
passionate you are about this issue and I will absolutely work 
with your delegation.
    Senator Rosen. Thank you and I hope we can pull together 
those other 44 states that are impacted, as well, and we can 
shed some light on that. But if they do go on trains, I want to 
ask you this question. Are positive rail control systems, are 
they required for trains that are going to carry nuclear waste? 
And if not, do you think it would be beneficial to apply them 
to the trains before transporting this dangerous nuclear waste 
across, again, 44 states for 50 years? That would be, actually, 
three loads a week, truck or rail, for 50 years, 44 states.
    Hon. Homendy. Thank you, Senator. The requirements for 
positive train control were for passenger rail lines and for 
poisonous by inhalation, but they were not required for nuclear 
waste lines. So, that is not a requirement.
    I will say the railroads would probably respond and say 
that they have a number of areas, outside of those two areas 
that are covered by positive train control, just given the 
nature of their routes. However, if nuclear waste goes on lower 
density lines, you could have an issue. And there remains 
concerns, at least for us that, below 20 miles per hour, 
positive train control is not--cannot be activated on trains 
right now. But it is a concern if you start looking at nuclear 
waste transportation.
    Senator Rosen. Well, I hope it is something that we will 
not have to address, but I would like to speak with you about 
it, if that issue comes up.
    And I would just like to, in the minute I have left, talk a 
little bit about emerging transportation technology because 
Nevada is known as the Innovation State. We are home to cutting 
edge innovation transportation technologies. It includes 
hosting the only statewide FAA authorized drone test site. We 
participate in several autonomous vehicle and smart 
transportation pilot projects and we support electric vehicle 
infrastructure and its deployment. We are also home to the 
Hyperloop One test bed.
    So, Mr. Hampshire, the Department of Transportation Guiding 
Principles include safety, economic strength, creating good 
paying jobs, equitable access to opportunity, resilience, 
addressing climate change, and transformative infrastructure. 
Can you share your thought on how, under your leadership, the 
Office of the Assistant Secretary for Research and Technology 
will balance these principles, while encouraging innovation and 
cutting-edge technology in our transportation sector, like we 
are doing in the state of Nevada?
    Dr. Hampshire. Thank you, Senator, for that really 
important question and Nevada's leadership in this--on this 
topic.
    Within the Department and the Research and Technology, you 
know, technology is in the name. But we want to ensure that 
these technologies are, again, safe and help create high paying 
American jobs. And so, we are, you know, continue to push 
forward on that, be it, you know, UAS, be it AVs, electric 
vehicles. We are wanting to work and do additional research to 
make sure that it is safe and equitable.
    So, thank you for that question.
    Senator Rosen. Thank you. Madam Chair, I--my time has 
expired.
    The Chairwoman. I am not sure if we have anybody else 
joining us. I just want to put that out there to members who 
might be thinking about joining us remotely. If not, I am going 
to ask a last question back to you, Ms. Petsonk, about the 
things we need to do internationally on aviation.
    As I mentioned in our questioning before, what do we need 
to do to keep this standard internationally. One of the things 
that we are worried about, as the rest of the world continues 
to innovate, to look at aviation, to get in the aviation 
business, let us just say, it is one thing that a lot of 
developing countries look for. Let us get an airline. Let us 
get in the airline business. And obviously, we need standards 
as the rest of the world continues to move more toward aviation 
infrastructure.
    So, one of the concepts is that we should make planes 
easier to operate because, obviously, automation can give you 
some safety standards. But some people look at it as a way to 
avoid pilot training. And I think we, in the United States, 
have come to the conclusion that you need both--that you need 
automation, and you need human factors to understand that 
automation, but you also need redundancy. That if you turn off 
the technology, people know how to fly the plane.
    So, where do you think we need to be on this, as it relates 
to ICAO and what we would be advocating for internationally?
    Ms. Petsonk. Thank you, Senator, and we share your concern 
for safety. As Secretary Buttigieg says, safety is our north 
star. I--we were--my office, the Office of Aviation and 
International Affairs, works closely with the Federal Aviation 
Administration--the FAA--which has the lead on safety across 
our Department and we are also in touch with our team at ICAO. 
I speak with them on a daily basis. And so, we understand the 
importance of working at ICAO and the challenges there, in 
terms of working there on the standards. And I pledge to you 
that I will work closely with FAA and with our team at ICAO on 
this, going forward.
    The Chairwoman. Ms. Homendy, do you have a comment here? 
Could you help out Ms. Petsonk on this? Because I think we are 
trying to get more of a commitment from the Administration that 
we are going to--I do not--I am not sure where everybody in the 
Administration is, but certainly the Transportation Secretary 
should make a commitment that the United States is going to 
advocate for pilot redundancy and that is what we should be 
articulating at an international level.
    I get your background might be more on the environmental 
side, but this is going to be a critical, critical issue. We 
are going to have a lot of nations and a lot of growth in 
aviation. And we cannot have this international discussion be 
let us, you know--let us, you know, make a race to the bottom. 
We need to be a race to the top. And I think that what we have 
seen in the United States is that that level of redundancy, 
with the pilots and with automation, is the best bet. And I 
think that would put us in the best stead moving forward.
    Ms. Homendy, from your venue of many years here, what have 
you seen on this point?
    Hon. Homendy. The U.S. absolutely has to be a leader here 
and in--on the international front, on safety. Safety has to be 
the priority and we have to lead on it. And in this area, I 
mean, I think, you know, pilots are--pilots still have to be 
pilots. They have to be trained to adequately do their jobs and 
then, when they are not--when an error occurs, there has to be 
safety redundancy, as you have stated.
    But then, there has to be a strong safety culture by the 
organizations involved, as well. Whether that is FAA, whether 
that is ICAO or whether it is any of the--the actual companies 
that are involved with making these decisions. I mean, there 
are a lot of decisions that are made that directly impact pilot 
safety and safety has to be, first and foremost, the priority 
over innovation. Innovation is critically important but if you 
do not have safety standards or safety measures or the safety 
of workers, like pilots, first and foremost, then--then, it 
is--we are not the leaders.
    The Chairwoman. How many NTSB accidents have you been 
involved in, on an international basis, where--where the 
company or the organization did not adequately train pilots?
    Hon. Homendy. Me, personally or the----
    The Chairwoman. Well, just the Agency, yes.
    Hon. Homendy. Numerous.
    The Chairwoman. So, it is a common factor that we are 
already seeing.
    Hon. Homendy. Sure, internationally and domestically.
    The Chairwoman. So, we--this is, you know, of utmost 
importance. Again, we want to have this level of redundancy to 
the system. It is not that we do not believe that automation 
can help us. And certainly, as Dr. Hampshire will have to 
continue in his work to do is, to articulate where those--where 
those lines are that we have to--I am trying to think of your 
words that you used, Dr. Hampshire--but mediate, I think was 
the word that you sued, on the training system. Somehow my 
notes have been--OK. Cross-mediational learning?
    Dr. Hampshire. Yes.
    The Chairwoman. What was the term you used?
    Dr. Hampshire. Yes, I said cross-modal learning. So, learn 
from different modes of transportation about automation and 
redundancy and resilience.
    The Chairwoman. Yep. So, again, what is going to happen is, 
on the international basis, people are going to advocate that, 
use automation, it will drive down the cost, and thereby, we do 
not have to do as much training. And this is just the opposite, 
I believe, of where we need to go. And so, Ms. Homendy, again, 
I think the NTSB has a lot of previous cases where this is 
exactly the level of lack of training that is not being done on 
an international basis now. And then, the consequence is that 
it affects, you know, the entire system. And so, what we want 
to be articulating to ICAO is that we have to meet this 
standard, and we should be arguing for a higher standard than 
currently is being met.
    Now, does that mean that countries and new entities who 
want to go into the airline business have to meet that 
standard? Yes. Yes, that is what that means. But you cannot let 
somebody in the world market try to undersell us on the notion 
of, we can just go with automation. We just cannot let that 
happen. We will not be meeting the safety standards that we 
need to meet today.
    So--so, unless we have another colleague joining us--I know 
we have got a busy schedule here and ran into votes. But before 
I close the hearing, we have to ask all the nominees, will you 
pledge to work collaboratively with the Committee, provide 
thorough and timely response to our requests for information as 
we put together and address important policy issues, and appear 
before the Committee when requested?
    Hon. Homendy. Yes.
    Ms. Hedlund. Yes.
    Dr. Hampshire. Yes, I will.
    Ms. Petsonk. Yes.
    The Chairwoman. Great, thank you. Senators will have until 
Monday, June 28 to submit questions for the record to the 
Committee. Witnesses will have a week to respond to those. 
Again, we thank you for your willingness to serve and continue 
to work with all of you in the future.
    We are adjourned. Thank you.
    [Whereupon, at 12:09 p.m., the Committee was adjourned.]

                            A P P E N D I X

   Response to Written Questions Submitted by Hon. Maria Cantwell to 
                        Hon. Jennifer L. Homendy
    Workforce Development and Training. Transportation and 
transportation-related industries employ over 13 million people in the 
United States. The transportation workforce is absolutely critical for 
moving goods and people across the country and driving our economy to 
be competitive globally. However, when that workforce isn't 
appropriately trained the consequences can be dire--a lack of training 
and situational awareness was one of the contributing factors to the 
2017 DuPont derailment, and we have seen similar issues in the aviation 
context time and time again.

    Question 1. In your experience at the NTSB, where are the critical 
areas we should be enhancing workforce development and training to 
ensure that transportation workers are equipped to handle new and 
emerging technologies?
    Answer. Thank you for the question, Chair Cantwell. The human-
machine interface remains a challenge in the emergence of new 
technologies. It is critical that entities work with human factors 
experts to best determine how to address these challenges, which must 
include workforce training.
    In the case of the DuPont derailment, the locomotive engineer was 
not adequately trained (neither was the conductor). And they were in a 
new locomotive on a new route. That lack of training was evident to our 
investigators upon review of the inward-facing camera where we were 
able to see deficiencies first-hand. However, even with the best 
training, humans will make errors. It is therefore critical that 
systems be designed to prevent human error and that measures be taken 
to ensure safety redundancies are in place if those systems fail. This 
is why we recommended implementation of positive train control, which 
would have prevented the DuPont derailment.
    It also important to mention that all of those deficiencies in 
DuPont, including training, would have been identified through a 
comprehensive safety management system (SMS) where the operators would 
have been constantly evaluating their risks and proactively addressing 
them before an accident occurred. Keys to a well-functioning SMS are a 
``just safety culture'' which communicates the importance of safety to 
the workforce and the commitment of management to safety, ensures the 
workforce is well-trained, and implements a reporting process to ensure 
safety deficiencies are identified and addressed. For example, the 
National Aeronautics and Space Administration (NASA) in partnership 
with the Federal Railroad Administration has a program to facilitate 
one aspect of SMS, the Confidential Close Call Reporting System. See 
https://c3rs.arc.nasa.gov. Currently, no railroad participates in this 
voluntary program.

    Automation. Technology and automation are wonderful tools which 
supplement, enhance, and magnify the ability of humans to manage 
complex machines. However, there is a risk that over-reliance on 
automation can lead to a deterioration of skills and engagement. And as 
automation plays an increasingly larger role across all of our 
transportation systems, it is paramount that our workforce--both on the 
industry and the regulator side--is appropriately trained up to ensure 
that automation does not compound existing safety issues.

    Question 2. What are your views about the potential for over-
reliance on automation and how can we best manage this apparent 
downside to the benefits of automation?
    Answer. Thank you for the question, Chair Cantwell. Over-reliance 
on automation is a serious concern. Industry across all modes of 
transportation must work with human factors experts to determine how 
best to introduce automation to an already complex environment and what 
supplemental safety measures must be in place to ensure safety, 
including training.
    In the road environment, however, the potential solutions are even 
more complex. Pilots, locomotive engineers, commercial motor vehicle 
drivers, and captains are supposed to be well-trained and even with 
that training (and industry testing) accidents occur. However, normal 
drivers don't have that training, the expertise in dealing with 
automation, or the awareness of human performance limitations. That's 
why overselling the capabilities of vehicles is so dangerous. The NTSB 
has recommended to the National Highway Traffic Safety Administration 
(NHTSA) to develop a safety framework for automated or partially 
automated vehicles to include performance standards for monitoring 
driver engagement and limits on vehicle operations to roadways and 
conditions for which they were designed. Those recommendations are 
currently open-unacceptable because NHTSA has not provided a response 
that supports a positive classification.
    If confirmed, I would be pleased to work with you and your 
Committee to address these serious safety issues across all modes of 
transportation.

    Question 3. What changes do we need to make to ensure that both 
industry and regulators are appropriately trained on issues facing the 
transportation sector today and in the future?
    Answer. Thank you for the question, Chair Cantwell. I personally 
feel that it's my duty to ensure, as a Board Member or, if confirmed, 
as Chair, that I'm adequately trained to address the safety issues 
facing the transportation sector today. For the Board, if confirmed, 
one of my priorities is to see what resources and skillsets we need now 
and 5 or 10 years from now to address new technologies and emerging 
safety and industry trends. I am happy to work with you and Congress as 
needs of the NTSB are identified. I'm hopeful other agencies are doing 
the same.
                                 ______
                                 
    Response to Written Question Submitted by Hon. Amy Klobuchar to 
                        Hon. Jennifer L. Homendy
    Blocked Rail Crossings. Blocked rail crossings delay emergency 
vehicles and threaten public safety. In 2020 alone, 203 people were 
killed at railroad crossings. I've heard first hand from local leaders 
and emergency responders across Minnesota about the inconvenience and 
dangerous delays that rail crossings can pose to a community.

    Question. What more can be done by passenger railroads to improve 
these delays and public safety, particularly for rural communities?
    Answer. Thank you for the question, Senator Klobuchar. Although the 
NTSB has not investigated events relating to blocked rail crossings, I 
am aware of situations where blocked rail crossings have isolated 
communities and delayed emergency response vehicles which can lead to 
deadly consequences. I believe it is important for the Federal Railroad 
Administration to continue to collect information on the extent of 
blocked crossings in the U.S., and to use that data to analyze the 
causes of blocked crossings. In the meantime, freight and passenger 
railroads need to evaluate their make-up of trains, routes, and 
scheduling to avoid these situations. Railroads should also develop 
relationships with the communities in which they travel to ensure local 
concerns are addressed. If confirmed, I'm happy to work with you on 
this issue.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Roger Wicker to 
                        Hon. Jennifer L. Homendy
Safety Recommendations
    Question 1. Ms. Homendy, given the challenges posed by finite 
resources, what is your view as to the extent to which NTSB should 
consider costs and unintended consequences when developing safety 
recommendations, and how does the NTSB prioritize recommendations that 
will save the most lives?
    Answer. Thank you for that question, Ranking Member Wicker. 
Regarding the first part of the question, the NTSB's mission is to 
investigate every civil aviation accident in the United States and 
significant events in other modes of transportation, and issue safety 
recommendations aimed at preventing accidents and injuries and saving 
lives. Our goal is always to prevent that accident from re-occurring; 
however, our recommendations are not mandates. Once we issue safety 
recommendations, it is up to the recipients to determine whether and 
how they want to address those recommendations. For Federal agencies, 
that may include a cost-benefit analysis. With that said, we are a 
principled but also pragmatic agency. We are open to alternative 
approaches so long as identified safety risks are addressed. Since the 
NTSB's founding, 11.7 percent of our recommendations have been closed 
``acceptable alternate action''. The Board is usually willing to close 
a recommendation with a satisfactory status if the recipient has taken 
sincere effort and all available reasonable actions to mitigate the 
safety risks we uncover.
    For the second part of the question, the NTSB maintains a biennial 
Most Wanted List which highlights transportation safety improvements 
needed now to prevent tragedies, reduce injuries, and save lives. For 
2021-2022, the Most Wanted List issues are:

   Require and verify the effectiveness of safety management 
        systems in all revenue passenger-carrying aviation operations

   Install crash-resistant recorders and establish flight data 
        monitoring programs

   Implement a comprehensive strategy to eliminate speeding-
        related crashes

   Protect vulnerable road users through a safe systems 
        approach

   Prevent alcohol-or other drug-impaired driving

   Requiring collision avoidance and connected vehicle 
        technologies on all vehicles

   Eliminate distracted driving

   Improve passenger and fishing vessel safety

   Improve pipeline leak detection and mitigation

   Improve rail worker safety

    To be selected for the Most Wanted List, a safety item must have at 
least one open safety recommendation. NTSB staff across our modal 
offices and the Office of Research and Engineering propose the MWL 
safety items using Board-approved criteria: level of validation; level 
of action; level of risk and consequence; and potential benefit from 
focused NTSB advocacy.
    The offices apply the criteria to each of their potential safety 
items in a qualitative ranking tool. This tool is intended to give 
office directors a consistent way to rank their mode's safety items 
relative to each other, instead of comparing them across modes. The 
NTSB's Board deliberates and approves the final Most Wanted List.
    These changes were in response to recommendations from the 
Government Accountability Office in March 2020. We also enhanced the 
process to allow for greater transparency on how safety items are 
selected.

   Can you discuss examples of how the NTSB has collaboratively 
        worked with agencies to refine safety recommendations so that 
        they can be more quickly adopted by industry?
    Answer. Thank you for that question, Ranking Member Wicker. Our 
Safety Recommendations and Communications team meets regularly with 
modal administrations within the U.S. Department of Transportation and 
the U.S. Coast Guard to discuss our safety recommendations. Agencies or 
other recommendation recipients may, at times, propose another way of 
addressing our recommendation which gets at the intent of the 
recommendation. Staff works through that proposed alternative with the 
recipient and, if the safety deficiencies will be mitigated through an 
alternative approach, staff will present it to the Board for 
consideration.
    Three examples are recommendations P-19-1, P-19-2, and H-12-3.
    P-19-1 recommended that the Pipeline and Hazardous Materials Safety 
Administration (PHMSA) require that all new service regulators be 
installed outside occupied structures, and P-19-2 recommended that 
PHMSA require existing interior service regulators outside occupied 
structures whenever the gas service line, meter, or regulator is 
replaced, prioritizing multifamily structures over single-family 
dwellings.
    PHMSA proposed an alternative to the NTSB: changing distribution 
forms to emphasize compliance with existing service regulator 
requirements and revising the state program evaluation form to verify 
that states check operator compliance with regulations for inside 
regulators. PHMSA would also review and emphasize current requirements 
for inside meters and regulators with operators, and issue an advisory 
bulletin alerting operators to the existing requirements for inside 
meters and regulators.
    PHMSA proposed to provide data showing that their actions were 
achieving similar results to a regulation by working with the National 
Association of Pipeline Safety Representatives to determine a baseline 
for the number of inside regulators, and then annually track this data 
to determine the rate of reduction in inside regulators. PHMSA would 
submit this data to the NTSB and evaluate it to see if it showed their 
alternative was effective.
    On February 11, 2020, the Board classified the two recommendations 
as ``Open--Acceptable Alternative Response'' pending implementation of 
their plan, our review of PHMSA data demonstrating that the plan is 
successful, and development of a revised plan if the data do not show 
that the alternative is achieving the same results as a regulation.
    Another example is H-12-3, which was issued as a result of a July 
15, 2009, hazmat release of anhydrous ammonia from a ruptured transfer 
hose from a cargo tank truck to a storage tank at the Tanner 
Industries, Inc. in Swansea, South Carolina. NTSB recommended that 
PHMSA require cargo tank motor vehicle carriers and transfer facilities 
to verify (1) that cargo transfer hose assemblies, whether carried on 
the vehicle or provided by the facility, are chemically compatible with 
the hazardous material to be transferred and (2) that drivers verify 
hoses are marked as compatible with the material to be transferred 
before either loading or unloading operations begin.
    PHMSA developed a comprehensive safety program to address cargo 
tank motor vehicle loading and unloading. In addition to the ongoing 
regulatory enforcement efforts maintained in partnership with FMCSA and 
state agencies, PHMSA published two guidance documents. NTSB staff 
reviewed these guidance documents and suggested revisions to some of 
the language to remind users to verify equipment compatibility during 
transfer operations. The guidance documents are (1) A comprehensive 
best practices reference guide that includes an appendix with relevant 
OSHA and EPA regulations; (2) A quick-reference pocket guide. PHMSA was 
promoting these guidance documents with industry representatives 
through social media and Hazardous Materials Safety Assistance Team 
outreach efforts. On October 27, 2015, the NTSB classified Safety 
Recommendation H 12-3 ``Closed--Acceptable Alternate Action.''
Determination of Investigations
    Question 2. Ms. Homendy, given that NTSB cannot investigate all 
incidents and accidents, could you describe the process the Board uses 
to determine which events to investigate?
    Answer. Thank you for that question, Ranking Member Wicker. Our 
determination of which events we investigate is based on our 
legislative mandate contained in 49 United States Code (USC) Sec. 1131, 
which requires the Board to investigate an aircraft accident the Board 
has authority to investigate under section 49 USC 1132 or an aircraft 
accident involving a public aircraft (other than an aircraft operated 
by the Armed Forces or by an intelligence agency of the United States); 
a highway accident, including a railroad grade crossing accident, the 
Board selects in cooperation with a State; a railroad accident in which 
there is a fatality or substantial property damage, or that involves a 
passenger train; a pipeline accident in which there is a fatality or 
substantial property damage, or significant injury to the environment; 
a major marine casualty occurring on or under navigable waters, 
internal waters, or the territorial sea of the United States, or 
involving a vessel of the United States, under regulations prescribed 
jointly by the Board and the head of the department in which the Coast 
Guard is operating; and any other accident related to the 
transportation of individuals or property when the Board decides (1) 
the accident is catastrophic; (2) the accident involves problems or a 
recurring character; or (3) the investigation of the accident would 
carry out this chapter.
    The Board does not have the resources, nor believes there is a 
safety benefit, to investigate every grade crossing or trespasser 
event. Although our highway mandate under 49 USC 1131(a)(1)(B) states 
that the Board shall conduct a grade crossing accident ``the Board 
selects in cooperation with a State,'' our railroad accident mandate 
under 49 USC 1131(a)(1)(C) seems to suggest that we have to investigate 
every single grade crossing accident in which there is a fatality or 
substantial property damage or involves a passenger train, not just 
those we select in cooperation with a State. It would be helpful for 
Congress to clarify this ``dual mandate'' on grade crossing accidents 
in the next reauthorization bill, as well as eliminate trespasser 
events. To address trespasser events, we suggest the following: Amend 
49 USC Sec. 1131(c) to read as follows:

        (c) a railroad accident in which there is a fatality or 
        substantial property damage, or that involves a passenger 
        train, other than a railroad accident involving an unauthorized 
        person who enters or remains on a railroad right of way, 
        equipment, or facility. The term ``railroad right of way'' does 
        not include grade crossings;

    This language does not address the dual mandate but, if confirmed, 
I am happy to work with the Committee to address that issue.
Regulatory Authority
    Question 3. Should NTSB have the authority to mandate 
recommendations?
    Answer. Thank you for that question, Ranking Member Wicker. No, the 
NTSB is the foremost transportation safety agency in the world. Our 
greatest power is the ability to investigate a crash, without bias, and 
determine how lives could have been saved if safety improvements were 
implemented. If we had the authority to mandate recommendations, we 
would lose our independence and be subject to cost-benefit analyses 
that could limit the scope and effectiveness of our safety 
recommendations. Rather, public interest is best served by having an 
agency that impartially and objectively investigates a crash and 
provides safety recommendations for review and consideration.
                                 ______
                                 
     Response to Written Questions Submitted by Hon. John Thune to 
                        Hon. Jennifer L. Homendy
    Question 1. The National Transportation Safety Board (NTSB) has 
been active in recent years on accidents relating to emerging 
transportation safety technologies. Automated vehicles, for example, 
have the potential to drastically reduce fatalities and improve safety 
on our Nation's roads.
    Based on your experience, do you believe that automated vehicles 
present an enormous opportunity to improve motor vehicle and traffic 
safety?
    Answer. Thank you for that question, Senator Thune. Nearly 40,000 
people die annually on our Nation's roads; millions of others are 
injured. New technologies, like automated vehicles, have the potential 
to improve safety on our roads and save lives, but the Federal 
government needs to put in place a robust safety framework to protect 
the public and ensure those lifesaving benefits are realized.

   If confirmed, how would you work with both Congress and the 
        Department of Transportation to encourage the wider adoption of 
        this technology?

    Answer. Thank you for that question, Senator Thune. If confirmed, I 
will work with Congress and the Department of Transportation to share 
lessons learned from NTSB investigations of automated and partially-
automated vehicles. I am also happy to provide you and the Committee 
with any technical assistance you may need as you develop future 
legislation to address automated vehicles. We are already on record 
strongly supporting collision avoidance technologies which are the 
building blocks of automated vehicle technologies.

    Question 2. As you know, the NTSB Reauthorization Act, included in 
the FAA Reauthorization Act of 2018 (P.L. 115-254) included a 
requirement for the agency to include a methodology section 
accompanying safety recommendation reports. The intent behind the 
requirement was to better inform Congress and regulatory agencies of 
the basis for safety recommendations when choosing how to take action.
    Do you agree that these methodology sections provide helpful 
information to Congress and the agencies as they seek to address NTSB 
recommendations?
    Answer. Thank you for that question, Senator Thune. Yes, I believe 
these methodology sections provide important information that helps 
recipients and Congress better understand and address our 
recommendations.
                                 ______
                                 
Response to Written Questions Submitted by Hon. Shelley Moore Capito to 

                        Hon. Jennifer L. Homendy
    Question 1. Earlier this month, I introduced--along with my 
colleague Senator Sinema--the Multiple Substance Impaired Driving 
Prevention Act. Among the provisions, our legislation would expand the 
use of the National Highway Traffic Safety Administration's (NHTSA) 
405d grants to be used for drug toxicology and impaired-driving related 
training for law enforcement--including drug recognition expert (DRE) 
training. Thankfully, we were also able to get this legislation into 
the Surface Transportation Investment Act (STIA) that passed this 
Committee last week.

   Could you speak to the value to the value of investing in 
        DREs?

    Answer. Thank you for that question, Senator Capito, and thank you 
for all your work to provide law enforcement with the tools they need 
to prevent impaired driving. West Virginia currently has only 54 drug 
recognition experts (DREs) in the state. DRE training is expensive; 
it's a three-stage training program of about 160 hours that can cost 
around $1,500 per class. That does not include the cost to law 
enforcement agencies of sending officers to training, and then 
backfilling their jobs while they are in training. Allowing the use of 
grants to be used for drug toxicology and impaired-driving related 
training for law enforcement officers would go a long way toward ending 
drug impaired driving.

   If confirmed, do you commit to working with me on this 
        issue?

    Answer. Thank you for that question, Senator Capito. Yes, if 
confirmed, I would be pleased to work with you on this issue and other 
initiatives to prevent alcohol and other drug impaired driving, an 
issue that remains on our 2021-2022 Most Wanted List.
                                 ______
                                 
   Response to Written Question Submitted by Hon. Maria Cantwell to 
                            Karen J. Hedlund
    Freight Railroad Investment. The railroads play a critical role in 
moving freight throughout our Nation. Prior the COVID-19 pandemic, it 
was estimated that the value of freight shipped by railroad would 
increase by 45 percent in the next decade to $1.1 trillion annually. 
Moving this freight safely and efficiently will require an increased 
long-term investment in people and infrastructure.

    Question. If confirmed, what will you do to ensure that the STB's 
policies promote the efficient movement of goods and encourage 
railroads to invest in their infrastructure?
    Answer. Over the last year, our ocean and inland ports have 
experienced unprecedented congestion which, related in part to the 
significant market disruptions caused by the COVID-19 pandemic and the 
spike in demand across all sectors, as the economy rebounds. Transfers 
from ships to trucks and rail have been hampered by shortages of 
containers, trucks, and truck drivers and also disruptions in rail 
schedules and planning. I believe that resolving current problems and 
ensuring a robust and viable transportation network involves a ``whole 
of government approach,'' requiring different agencies within 
government, including STB, FRA, FMCSA and FHWA to work cooperatively. 
At the same time, legislative initiatives advancing in the House and 
Senate, and as proposed by the Administration, are calling for 
significant increases in investment in various types of infrastructure, 
including freight rail.
    To the extent undertaking such investments, whether publicly or 
privately funded, requires action or authorization by the STB, I 
believe the Board should act diligently and expeditiously in moving its 
review processes forward under its statutory and regulatory framework. 
Additionally, I believe that the Board must continue to adhere to the 
core objectives and priorities of the Staggers Act and the ICC 
Termination Act, which were enacted to ensure that the Nation's freight 
and passenger rail network is healthy, competitive, self-sustaining, 
and responsive to the needs of shipper and the public.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Roger Wicker to 
                            Karen J. Hedlund
    General Response by Karen Hedlund:

    I would like to thank the Members of the Committee for their very 
thoughtful questions. Some of these questions relate to issues that are 
currently before the Board, and therefore I must be careful not to 
state anything that suggests I have prejudged the matter. If I am 
confirmed and have the opportunity to serve, I look forward to being 
fully briefed on all pending cases and proceedings and will give due 
consideration to comments filed by any and all parties. Other questions 
touch on issues that may be beyond my personal experience or area of 
expertise. Again, I look forward to being fully informed on all sides 
of such questions.
    My approach to matters before the Board and its investigations and 
policy-making processes will be to prioritize thorough analysis and 
full transparency by the parties regarding factual, policy and legal 
issues. If confirmed, I commit to bring my transportation, finance and 
legal experience to the Board and to address all matters in a fair and 
impartial manner. I will also work diligently to see that all outcomes, 
first and foremost, serve the public interest.
Key Priorities
    Question 1. Ms. Hedlund, as the newest Member on the STB, what will 
be your priorities, should you be confirmed?
    Answer. The Board has received notices of intent to file for 
approval the first Class I merger transaction since the Board's merger 
rules were revised in 2001 (Kansas City Southern and Canadian Pacific 
and Kansas City Southern and Canadian National). The Board is also 
reviewing the pending acquisition of Pan Am Railways by CSX 
Transportation, Inc., as well as the acquisition by Watco of several 
Canadian National lines in Wisconsin and northern Michigan. Merger 
transactions can be time-consuming, complex, and controversial, and can 
have a profound impact on the shape of the rail industry and the way in 
which rail service is provided. As a member of the Board, one of my key 
priorities will be to ensure that these proposed transactions undergo 
fair, careful and expeditious consideration, in keeping with the laws 
and regulations administered by the agency.
    Additionally, I am looking forward to working with the Board on 
several rulemaking proceedings that have important implications for the 
railroad industry and how rate and other disputes are resolved. These 
pending proceedings include proposed new procedures to reduce the cost, 
complexity, and duration of rate reasonableness cases, particularly for 
smaller disputes. A related proposal submitted to the Board would 
involve a voluntary arbitration procedure for rate review in smaller 
cases. Other proceedings involve reviewing the exemption for some 
commodities which have been exempt from Board regulation for several 
decades, and a proposed rule to revise the agency's ``reciprocal 
switching'' rules.
    Some of these issues are outside of my specific expertise, but I am 
deeply committed to carefully studying the issues and taking account of 
the view of the Board's stakeholders to ensure that regulatory 
processes are meaningful, fair and accessible.
    The Board will also be playing an increasing role with respect to 
intercity passenger rail that is part of the interstate rail network. 
This is an area that I spent considerable attention to during my tenure 
at the Federal Railroad Administration, and I hope that this experience 
will benefit the Board in its decision making. However, I recognize 
there may be difficult issues to be resolved. Many of these issues 
relate to matters that have recently been submitted to the Board after 
years of unsuccessful negotiation by the parties, or have otherwise 
been the subject of several years of litigation. My priority will be to 
work with the Board, its staff and the parties, to get a full 
understanding of all the relevant facts and concerns, and reach a 
resolution in an expeditious manner.
                                 ______
                                 
    Response to Written Question Submitted by Hon. Dan Sullivan to 
                            Karen J. Hedlund
    Question 1. Ms. Hedlund, conducting cost-benefit analyses for 
proposed regulations has been a best-practice undertaken by agencies at 
the behest of both Democratic and Republican Administrations. Given 
your extensive experience at the Department of Transportation, can you 
explain your views on using cost-benefit analyses to improve regulatory 
outcomes?
    Answer. In accordance with Executive Order 12866 and Office of 
Management and Budget Circular A-4, the Federal Railroad Administration 
performs cost-benefit analysis in connection with issuance of rules and 
regulations. In my experience, the FRA gave due regard both to how such 
analysis was undertaken and the results of such inquiry, as a factor in 
deciding whether to move forward with a particular regulatory 
initiative. However, it is my understanding that the STB, as an 
independent economic regulatory agency, is not subject to these 
directives. I believe that at least to some extent this is something 
that the Board already undertakes, but I would like to learn more about 
the agency's existing processes. I also understand that there is a 
pending proceeding that touches on the issue of having formal cost-
benefit analysis in significant STB rulemakings, and I do not want to 
appear to prejudge the outcome. I believe that my past experience at 
FRA will be beneficial to the Board in reviewing the pending 
proceeding.
                                 ______
                                 
      Response to Written Questions Submitted by Hon. Mike Lee to 
                            Karen J. Hedlund
    Question 1. If confirmed as a member of the STB, what will be your 
key priorities?
    Answer. Please see my answer to question from Senator Wicker, 
above, which outlined my key priorities, if confirmed as a Board 
member.

    Question 2. Conducting cost-benefit analyses for proposed 
regulations has been a practice undertaken by agencies under both 
Democrat and Republican Administrations.

   Please explain your views on the use of cost-benefit 
        analysis when considering proposed regulations. Should all STB 
        regulations be considered with a cost-benefit analysis?

    Answer. As noted above, in my response to Senator Sullivan's 
question pertaining to cost-benefit analysis, I have previous 
experience with this phase of the regulatory process from my tenure at 
FRA as Deputy Administrator and Chief Counsel. With respect to the STB, 
I understand that there is a pending proceeding on the issue of the STB 
formally adopting cost-benefit analysis as a component of significant 
rulemakings. As such, I do not wish to prejudge the issues in the 
proceeding, but I believe that my past experience will be very valuable 
to the Board, as it considers this proceeding.

   If a regulatory cost outweighs the benefit, should that be a 
        determining factor that prevents the STB from moving forward 
        with the regulation?

    Answer. As noted above, there is a pending proceeding before the 
Board, related to cost-benefit analysis. I do not wish to prejudge the 
issues in the proceeding, but I believe that my past experience with 
FRA will be very valuable to the Board, as it considers this 
proceeding.

    Question 3. When considering regulatory proposals, should the STB 
prioritize policies that allow market participants to freely compete 
without STB action? Or is the market more successful when the STB 
actively guides the market through regulatory action?
    Answer. The Rail Transportation Policy (RTP), codified at 49 U.S.C. 
10101, sets forth Congressional policy objectives which inform the 
STB's regulatory processes and initiatives. The RTP includes tenets 
that the Board allow market forces to work freely, as well as tenets 
that call for fair and expeditious regulatory decisions when regulation 
is required. As the Board has noted, there is some degree of tension in 
the principles of the RTP, but, if confirmed, I will commit to 
upholding these core policies. I would also note that the Board has 
expressed a preference for private resolution of disputes rather than 
regulatory outcomes, and has implemented measures for alternative 
dispute resolution including both mediation and arbitration.
    Given the changes and developments in the rail industry, I believe 
that it is very important to look closely at issues related to 
competition, and examine the Board's statutes and regulations to make 
sure that the agency is promoting and fostering the goals of the Rail 
Transportation Policy.

    Question 4. I would like to learn more about your views on the use 
of the STB's rulemaking power:

   Should the STB promulgate rules if the rulemaking power is 
        not expressly granted by Congress?

    Answer. I believe that there are situations where the Board may 
draw upon its statutory authority to promulgate rules that are not 
expressly mandated by Congress, as long as these regulatory initiatives 
are fully consistent with the Rail Transportation Policy and other 
statutory imperatives. For example, both the STB and its predecessor, 
the ICC, have utilized broad statutory exemption authority, codified at 
49 U.S.C. 10502, to issue rules that streamline and expedite agency 
licensing procedures.

   Can the STB use its rulemaking power to circumvent legal 
        precedents with which it disagrees?

    Answer. I believe that the STB, like other agencies, should, as a 
general matter, respect legal precedents, arising from court and 
administrative proceedings. However, I believe that agencies should be 
accorded some measure of discretion to re-examine precedent in light of 
changed circumstances or to meet new challenges as long as doing so is 
consistent with governing statutes and governing principles of 
administrative law.

   Can the rules passed by the STB insulate market incumbents 
        from competition?

    Answer. In enacting its rules, the Board, of course, must take into 
account the provisions of the Rail Transportation Policy that give high 
priority to maintaining competition, and to reduce barriers to entry 
into the rail industry. I can commit to you that I will look very 
closely at competition issues and work with my fellow Board members to 
make sure that we have the right policies and procedures to advance the 
RTP.

    Question 5. Should STB-sponsored private arbitration be encouraged 
over STB-directed dispute resolution? And what factors would guide your 
decision-making process in this regard?
    Answer. I am aware that it has been the Board's stated position for 
many years to facilitate private-sector resolution of disputes, rather 
than litigated, regulatory outcomes. I fully support mediation and 
other forms of alternative dispute resolution. In recent years, I 
believe that the agency has increasingly channeled regulatory disputes 
into its formal mediation program, working in partnership with the 
Federal Mediation and Conciliation Service, and that many of these 
mediations have been successful.
    I support these initiatives, which are in addition to the work done 
on an informal basis by the Board's Rail Customer and Public Assistance 
program to resolve disputes. However, I recognize that there are 
pending matters related to arbitration in rate case disputes, and I do 
not want to prejudge any of those issues.

    Question 6. The STB has long considered the issue of long-term 
railroad revenue adequacy, even considering proposals related to rate 
caps and revenue reductions based solely on a railroad earning returns 
on investment above its capital.

   Is it appropriate for the STB to impose rate caps or revenue 
        reductions based solely on the railroad earning returns on 
        investment above its capital? If so, why?

    Answer. This question potentially implicates a matter pending 
before the Board in so far as how revenue adequacy should be determined 
on an annual basis. Accordingly, I do not wish to respond in a fashion 
that would prejudge the merits of that matter. However, I recognize the 
tenets of the Rail Transportation Policy, which dictate that 
competition and the demand for service should establish reasonable 
rates for rail transportation and additionally that reasonable rates 
should be maintained where there is an absence of effective 
competition. I can commit to studying issues related to revenue 
adequacy and the implications for the Board's rate reasonableness 
jurisdiction.

   Is imposing rate caps, price controls, or revenue reductions 
        consistent with the deregulatory goals that Congress set forth 
        in the Staggers Rail Act?

    Answer. As noted in my response above, the Rail Transportation 
Policy instructs that competition and demand for services should be the 
forces that establish rates. The Staggers Act is generally regarded as 
ushering in an era of pricing freedom driven by market forces and the 
Act eliminated rate caps and price controls of the previous regulatory 
era.

   Is there a negative relationship between the imposition of 
        rate caps, price controls, or revenue reductions with railroad 
        investments and innovation?

    Answer. The Staggers Act was enacted, in part, to facilitate 
increased railroad investment and innovation in the industry that had 
been inhibited by certain aspects of the prior regulatory framework.

    Question 7. The STB is often tasked with making decisions or 
authorizing certain actions when it is determined that the action or 
decision is in the ``public interest.''

   What is the ``public interest''? What criteria should be 
        considered in determining the ``public interest''?

    Answer. The public interest is, in part, defined by particular 
provisions of STB's governing statutes. For example, in the statue 
pertaining to rail line abandonments, the Board's assessment of public 
convenience and necessity must consider whether the abandonment would 
have a serious, adverse impact on rural and community development. 
Where the public interest is not expressly defined, I believe that the 
Board should refer back to the goals set forth in the Rail 
Transportation Policy.

   Are there any limits to the STB's determination of what 
        constitutes ``public interest''?

    Answer. As noted above, the public interest is often defined by 
specific STB governing statutes and otherwise informed by the tenets of 
the Rail Transportation Policy.

   Could a determination of what is or is not in the ``public 
        interest'' be based on factors that are outside the 
        jurisdiction of the STB?

    Answer. I believe that when weighing the ``public interest'' in 
matters before the Board, the agency should be primarily guided by 
specific statutory criteria and the tenets of the Rail Transportation 
Policy. However, I believe that in certain situations, consideration of 
matters of safety and environmental values, which are not--strictly 
speaking--within STB jurisdiction may bear on the question of the 
public interest and be incorporated into the Board's analysis.

    Question 8. How do you reconcile or balance Amtrak's access to the 
freight rail network with the importance of a safe, efficient, and 
reliable freight rail service?
    Answer. This is an issue that I dealt with at the Federal Railroad 
Administration in helping to negotiate Service Outcome Agreements 
required to implement passenger rail grants that involved 
infrastructure improvements to host freight lines. This is also an 
issue that will be directly before the Board in several pending 
matters, and I look forward to learning more about how such interests 
can be reconciled under that regulatory framework administered by the 
STB.

    Question 9. The STB often conducts environmental reviews in 
proceedings, including the carrying out the requirements of the 
National Environmental Policy Act (NEPA).

   What are the bounds (if any) of the effects of a major 
        Federal action that the STB should consider under NEPA?

    Answer. The STB's environmental reviews are conducted by the STB's 
Office of Environmental Analysis (OEA). OEA prepares environmental 
documentation in rail constructions, abandonments, and certain 
acquisitions and other proceedings to satisfy the STB's obligations 
under NEPA. OEA then makes environmental recommendations to the Board 
for consideration in decisions for which environmental review is 
required.
    Under NEPA, agencies are required to examine the reasonably 
foreseeable environment effects that would be caused by a proposed 
major Federal action.

   Should the STB consider ``reasonably foreseeable'' effects 
        that are outside the agency's jurisdiction and control? If so, 
        why? And if not, why not?

    Answer. Under Supreme Court precedent, agencies are generally not 
required to examine environmental effects that result from actions that 
are outside an agency's jurisdiction and control. See Department of 
Transp. v. Public Citizen, 541 U.S. 752 (2004) (Public Citizen). Where 
appropriate, agencies may also examine effects of other past, present, 
and reasonably foreseeable future actions that may be outside the 
agencies' jurisdiction but affect the same resources as the action 
before an agency.

   Should the STB propose NEPA alternatives that are outside 
        the agency's jurisdiction?

    Answer. Courts have found that alternatives that agencies should 
consider are driven by the purpose and need of the applicant and 
therefore, alternatives are generally options that would be within the 
agency's jurisdiction.

   Is considering whether an effect is ``reasonably 
        foreseeable'' analogous to considering ``proximate cause'' in 
        tort law? Do you believe there is any difference between 
        ``proximate cause'' and ``reasonable foreseeability''?

    Answer. Under Public Citizen, agencies are required to examine 
environmental effects only where there is a reasonably close causal 
relationship between the environmental effect and the alleged cause, 
analogous to the doctrine of proximate cause from tort law. See Public 
Citizen, 541 U.S. at 767 (citing Metropolitan Edison Co. v. People 
Against Nuclear Energy, 460 U.S. 766, 774 (1983)). Reasonable 
foreseeability is part of, and subsumed in, the proximate cause 
analysis.
    However, as used in tort law, proximate cause addresses what has 
happened in the past. NEPA looks at what could happen in the future. 
The role of NEPA is not to remedy past harms but to prevent harms from 
happening in the future.

   NEPA uses the terms ``environmental impacts'' and 
        ``environmental effects,'' but it does not use the term 
        ``direct effect'' or an ``indirect effect'' in the statute. How 
        would you approach the decision on whether to consider 
        ``indirect'' or ``direct'' effects in a decision before the 
        STB?

    Answer. Under the previous Council on Environmental Quality (CEQ) 
NEPA implementing regulations, agencies were required to look at both 
``indirect'' and ``direct'' effects. The current CEQ regulations only 
require agencies to look at environmental ``effects.'' I understand the 
CEQ regulations are currently under review by CEQ.
                                 ______
                                 
Response to Written Questions Submitted by Hon. Shelley Moore Capito to 

                            Karen J. Hedlund
    Question 1. Our nation depends on a health railroad network in 
order to move goods safely and efficiently. Freight plays a critical 
role in West Virginia carrying natural resources and manufactured goods 
to markets around the world. Competition and market flexibility have 
been instrumental in keeping our Nation's railroad network so strong.

   If confirmed, will you commit to ensuring continued 
        competition in our rail industry?

    Answer. Yes, as I have noted above, competition and the working of 
the free market are key principles that are reflected in the Rail 
Transportation Policy, codified at 49 U.S.C. 10101, and I am committed 
to acting in accordance with the policy objectives set forth by 
Congress.

   If you are confirmed, will you commit to evaluating 
        proposals before STB through a cost-benefit analyses in order 
        to improve regulatory outcomes?

    Answer. In responding to this question, I would refer to my 
answers, above, to questions posed by Senator Sullivan. As I noted 
previously, I believe that my previous experience at FRA will be a 
valuable asset to the Board, as it considers issues related to cost-
benefit analysis. However, there is a pending proceeding before the 
Board, and I wish to avoid prejudging the issues.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Cynthia Lummis to 
                            Karen J. Hedlund
    Question 1. Should you be confirmed to the STB, what will be your 
priorities?
    Answer. Please refer to my response to Senator Wicker, above, which 
discusses my key priorities, if I am confirmed.

    Question 2. Conducting cost-benefit analyses for proposed 
regulations has been a best-practice undertaken by agencies at the 
behest of both Democratic and Republican Administrations. Given your 
extensive experience at the Department of Transportation, can you 
explain your views on using cost-benefit analyses to improve regulatory 
outcomes?
    Answer. Please refer to my response to Senator Sullivan's question, 
above, which discusses my perspective on cost-benefit analysis. As I 
previously noted, I have experience with undertaking cost-benefit 
analyses from my tenure at FRA, and I look forward to providing input 
to the Board on this important question.

    Question 3. Should competitive markets be preferred over command-
and-control regulations?
    Answer. Yes. The Rail Transportation Policy, codified at 49 U.S.C. 
10101 prioritizes the workings of competition and the free market in 
informing the Board's administration of its statutory responsibilities.

    Question 4. Should Board-sponsored private arbitration be 
encouraged over Board-directed dispute resolution?
    Answer. Please refer to my response, above, to the question posed 
by Senator Sullivan. I am aware that the Board has long encouraged 
private-sector resolution of disputes, as opposed to outcomes resulting 
from regulatory litigation, and I support the agency in this respect. 
Additionally, I support the Board's use of mediation to resolve 
disputes. Because of a pending proceeding related to arbitration, I do 
not wish to comment further in order to avoid prejudging the issues.

    Question 5. The STB is tasked with resolving disputes between 
Amtrak and host rail carriers with regard to on-time performance. In 
its comments on the recent FRA rulemaking to establish metrics and 
standards, the Board stated: ``Amtrak and host railroads should be 
given a sufficient opportunity to realign schedules where appropriate 
to make them consistent with the Customer OTP standard. The Board 
encourages the development of a process for establishing realistic, 
properly aligned schedules on routes that require adjustment in a 
timely, consistent, and efficient manner so that seeking an 
investigation before the Board would be a last resort, rather than a 
first. . . . Realistic schedules that are compatible with Customer OTP 
will be crucial to avoiding unnecessary litigation before the Board.'' 
Do you agree with that viewpoint?
    Answer. Because of the Board's role in investigating and 
adjudicating Amtrak OTP matters, I need to be cautious in addressing 
these matters in order to avoid prejudging issues. However, consistent 
with the Board's long-standing approach to resolving disputes in the 
freight rail context, I favor private-sector solutions, rather than 
outcomes that result from regulatory litigation. I believe that the 
same viewpoint should apply to the relationships between Amtrak and 
host railroads, and I would encourage them to work constructively and 
collaboratively before initiating litigation. At the same time, I 
recognize that with the final OTP rule issued by FRA, the Board has a 
role under PRIIA to resolve disputes. If and when these disputes come 
before the Board, I can commit that I will carefully review the 
evidence in the record to reach a decision with my fellow Board 
members.

    Question 6. According to the Bureau of Transportation Statistics, 
trucks haul the vast majority of all intercity freight shipments, in 
terms of both weight (64.5 percent) and value (71 percent), and do so 
on infrastructure subsidized by the American taxpayer. Further, 
autonomous trucking companies are already testing Level 4 autonomous 
trucks. What do you think the impact of these developments on rail v. 
truck competitiveness and what can the STB do to assist railroads in 
remaining competitive?
    Answer. I believe that part of the Board's mission is to ensure the 
long-term viability and stability of the freight rail industry, which 
meets the needs of shippers and other stakeholders, within a broader 
competitive transportation marketplace across all modes. I believe that 
in light of recent technological innovation and development, we are 
potentially on the verge of new transportation marketplace in the 21st 
century. As a member of the Board, I can commit to studying emerging 
issues to ensure that STB policies and rulemakings continue to foster 
sound economic conditions in transportation and to ensure effective 
competition and coordination between rail carriers and other modes, in 
keeping with the Rail Transportation Policy.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Maria Cantwell to 
                        Dr. Robert C. Hampshire
    Workforce Development and Training. Transportation and 
transportation-related industries employ over 13 million people in the 
United States. The transportation workforce is absolutely critical for 
moving goods and people across the country, and driving our economy to 
be competitive globally. However, when that workforce isn't 
appropriately trained the consequences can be dire--a lack of training 
and situational awareness was one of the contributing factors to the 
2017 DuPont derailment, and we have seen similar issues in the aviation 
context time and time again.

    Question 1. How is the Department of Transportation ensuring that 
we have a diverse and skilled workforce across the transportation 
sector?
    Answer. A diverse and inclusive workforce contributes to our 
ability to better serve the American public and supports our vision for 
a safe, innovation and equitable transportation systems. The Department 
will work in collaboration with state, local, Tribal, and territorial 
governments as well as transportation equity organizations and 
underrepresented communities, to create a more diverse transportation 
workforce that better represents our Nation. These efforts will include 
analyzing trends specific to recruitment, retention and promotion of 
underrepresented groups, listening to and engaging with Employee 
Resource Groups as the Department establishes new workforce development 
initiatives, and training managers and holding them accountable to our 
civil rights and equity commitments.

    Automation. Technology and automation are wonderful tools which 
supplement, enhance, and magnify the ability of humans to manage 
complex machines. However, there is a risk that over-reliance on 
automation can lead to a deterioration of skills and engagement. And as 
automation plays an increasingly larger role across all of our 
transportation systems, it is paramount that our workforce--both on the 
industry and the regulator side--is appropriately trained up to ensure 
that automation does not compound existing safety issues.

    Question 2. What are your views about the potential for over-
reliance on automation and how can we best manage this apparent 
downside to the benefits of automation?
    Answer. We know that automation is a part of the future of this 
Nation's transportation system. Autonomous operations can make our 
transportation system safer and more efficient but need to be designed 
and deployed with travelers, workers and cybersecurity in mind. I am 
eager to work with you and your colleagues in Congress to ensure that 
the Federal government is leading the way on ensuring safe autonomous 
vehicle operations nationwide. With my Departmental colleagues, I will 
work with industry, American workers, safety organizations, 
environmental groups, and other stakeholders to determine how to create 
American jobs and advance American technological leadership through 
this industry.

    Question 3. What changes do we need to make to ensure that both 
industry and regulators are appropriately trained on issues facing the 
transportation sector today and in the future?
    Answer. Transportation safety training, and other related training, 
is important to creating a safer, more efficient transportation system. 
Some of our training is delivered directly, and much through grant 
programs, in support of regulatory requirements. As part of regulatory 
agenda formulation, we take into account available agency resources, 
priority safety needs, statutory requirements for actions requiring 
rulemaking, recommendations from the National Transportation Safety 
Board, and other agency needs, including training. I look forward to 
working with Congress to ensure there are sufficient resources for 
training.

    Reducing Emissions. The transportation sector already accounts for 
29 percent of the greenhouse gas emissions in the United States, the 
largest source of emissions of any sector. With freight movement 
expected to increase significantly over the next decade, it is critical 
that the Department's research, policies, and actions support the 
transportation sector in moving toward net-zero carbon emissions.

    Question 4. How is the Department helping to develop and 
commercialize transportation and infrastructure technologies to combat 
climate change and reduce our infrastructure's impact on the 
environment?
    Answer. The Department has reconstituted the Climate Change Center 
and plans to increase its responsibilities and capacity. In the next 
five years, the Department intends to with external stakeholders 
including other Federal agencies to:

   develop department-wide policies and strategies to reduce 
        greenhouse gas (GHG) emissions and make our transportation 
        systems more resilient;

   address the economic and environmental impacts of climate 
        change on the underserved, low income, and tribal nations;

   explore future transportation technologies that impact 
        climate change; and

   establish a department-wide research program to measure and 
        reduce transportation-related GHG emissions and mitigate 
        climate change impacts, in partnership with other Federal 
        agencies, academia and the private sector.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Roger Wicker to 
                        Dr. Robert C. Hampshire
Strategic Plan
    Question 1. Dr. Hampshire, should you be confirmed, can you inform 
the Committee of your plans for the Department's research portfolio? 
Can you highlight the areas within the Department where you see 
potential growth and areas where you believe improvement is necessary?
    Answer. Thank you for the question. While continuing the priority 
of multi-modal research to advance safety technologies, and our multi-
modal research on connected and automated vehicles, the transportation 
sector has a key role to play in addressing climate change and 
increasing equity and accessibility.
    I will ensure that the Department works with you and other external 
stakeholders in the clean technology, infrastructure and freight 
industries, including unions, industry, and local, state, and tribal 
governments, to determine how to develop new programs and use existing 
programs to create safe, innovative solutions to climate change. 
American innovation will indeed be critical to combating climate 
change.
    We need to increase access to high-quality, reliable transportation 
throughout America, and do so in a way that improves racial and 
economic equity, accessibility, sustainability, and good-paying jobs. 
That includes supporting efforts to help states, regions, cities, 
towns, tribal lands and rural areas research and invest in 
infrastructure that meets the needs of all residents, including 
pedestrians, cyclists, riders of e-scooters, and travelers with 
disabilities. An important part of our research agenda is gathering 
reliable data to inform these efforts.
    While the Department has advanced our technology transfer efforts 
in recent years, this remains an area where continuous improvement is 
needed to leverage the full benefits of DOT-funded research.
Reliance on Volpe Center vs. Modal RD&T Expertise
    Question 2. Dr. Hampshire, I understand that the Volpe Center 
provides much-needed support to the research offices of various DOT 
modal administrations. How can OST-R stay aware of projects at an 
individual level to find synergies and avoid redundancy or 
inefficiency? What is Volpe's role in supporting the modal research 
offices?
    Answer. The Department relies on the expert Federal staff at the 
Volpe Center not only to support the modal research offices in ways 
defined by those offices, but also to maintain a knowledge of technical 
activities in their areas of expertise across all Operating 
Administrations (OAs), and often in other Federal agencies. The Office 
of the Assistant Secretary for Research and Technology (OST-R) 
maintains oversight of Volpe projects through monthly reporting of new 
work agreements; through routine weekly progress reporting; and through 
reporting of projects for DOT OAs through the DOT Research Hub. Through 
the Hub, the Research Review and Approval Process captures Volpe 
projects to avoid redundancy and create synergy. OST-R approves work 
agreements for non-DOT entities seeking Volpe support; one of the 
decision factors is how the proposed work supports DOT goals, and which 
OA has been engaged to enable knowledge capture.
    The modal research offices define their work with Volpe based on 
that OA's requirements, and determines if Volpe is the best means to 
meet those requirements. Often, this decision relies upon long-term 
knowledge of the technical area being researched, and on Volpe's 
ability to add value by adding knowledge of and collaboration in the 
field beyond DOT, to the greater benefit of the OA being supported.
    Finally, the Department depends on Volpe expertise to help us all 
look towards the future--anticipating emerging transportation issues, 
objectively addressing complex transportation challenges, particularly 
those that can be solved with an intermodal, systems perspective. Volpe 
delivers DOT innovative solutions that advance transportation systems.
Multimodal Coordination
    Question 3. Dr. Hampshire, if you are confirmed, how would you 
continue the emphasis on multi-modal coordination and collaboration for 
transportation research? How would you promote interagency coordination 
in implementing these collaborative efforts?
    Answer. I have been pleased to find a strong foundation for 
coordination and collaboration established by the diverse, experienced, 
and seasoned workforce already in place in the Office of the Assistant 
Secretary for Research and Technology (OST-R). Will we continue to 
execute research coordination functions through the Research, 
Development and Technology Planning Team, composed of the senior 
research directors from each of the Operating Administrations. The 
Operating Administrations will continue to submit Annual Modal Research 
Plans each year for review, approval, and public posting. OST-
    R's review mandate is executed through a Research Review and 
Approval Process that ensures DOT's research activities are aligned 
with DOT Strategic Goals, and that there are no duplicative research 
efforts across the Department.
    To further enhance DOT-wide research coordination and 
collaboration, OST-R has established 11 topical research working groups 
in multimodal topic areas that span the Department's research 
portfolio, such as ``Mobility Innovation'' and ``Emerging/Enabling 
Technologies''. We are expanding coordination with other Federal 
agencies, such as the Department of Energy, NASA and NIST, to increase 
our knowledge and collaboration. Further, all DOT-funded research 
reports and access to the data developed for those reports are made 
available to the entire transportation community and the public through 
the National Transportation Library in the Bureau of Transportation 
Statistics.
                                 ______
                                 
Response to Written Questions Submitted by Hon. Shelley Moore Capito to 

                        Dr. Robert C. Hampshire
    Question 1. As I mentioned, last week this Committee passed the 
Surface Transportation Investment Act (STIA). As part of the 
legislation we would codify the Non-Traditional and Emerging 
Transportation Technology (NETT) Council. Since its creation in 2019, 
the NETT Council has bene instrumental in resolving jurisdictional and 
regulatory gaps as and when new transportation technologies emerge.

   If confirmed, do you commit to continuing the work the NETT 
        Council has been doing in resolving issues for emerging 
        transportation technologies?

    Answer. There are many innovations taking place in transportation 
technology, and it's important that the Department prioritizes safety. 
It's also important that we enable innovators to have ways to test and 
deploy those innovations, which increasingly cross the traditional 
boundaries of the established transportation modes. The NETT Council 
provides the internal structure for necessary coordination on 
innovation issues, and a point of entry for innovators seeking 
guidance. I look forward to working with Secretary Buttigieg to make 
sure we position the Department to lead transformations for freight and 
travel in the 21st century.
    I am interested in the work of the NETT Council and want to make 
sure the Department can be an advocate and a partner for innovators and 
users alike. I'm enthusiastic about the innovation we are seeing in new 
mobility technologies that have the potential to transform our 
communities.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Roger Wicker to 
                            Carol A. Petsonk
    Question 1. The ongoing COVID-19 pandemic has created challenges 
for communities receiving air service through the Essential Air Service 
(EAS) program because passenger air traffic has drastically fallen. I 
know that you are familiar with the EAS program, which has strong 
bipartisan support on this Committee, given your current position as 
Deputy Assistant Secretary.

   If confirmed as Assistant Secretary, what will you do to 
        ensure that the EAS program is carried out in an efficient and 
        effective manner? And will you commit to working with this 
        Committee to ensure the program is meeting its goals?

   If confirmed, what will you do to improve commercial 
        aviation connectivity for smaller and rural communities?

   What is your perspective on how to ensure these and other 
        smaller communities can receive adequate air service? And what 
        are the top challenges facing the program at this time?

    Answer. If confirmed as Assistant Secretary of Aviation and 
International Affairs, I commit to managing the EAS Program in an 
efficient and effective manner to ensure EAS communities maintain 
reliable connections to the national air transportation system. I 
understand how critical air service is in connecting the small and 
rural communities in the Program with the national air transportation 
system, and I will work with Congress on innovative ways to improve 
that connectivity. We are proud that the Department has kept 
connectivity at all 172 EAS communities during the last year, meeting 
the program's main goal
    Improvements are happening, as today more than one-half of all EAS 
communities (outside of Alaska and Hawaii) now have jet service 
(typically 50-seat) on a major airline brand to a large hub airport. 
Less than 10 years ago, small turboprop aircraft were typical of the 
EAS Program. Air carriers providing EAS are looking to innovate and 
modernize as well, with one carrier recently implementing a new fleet 
of modern, turboprop aircraft and another investing in electric 
aircraft, to be tested with the hope of using them on short routes. We 
are constantly looking for efficient ways to operate the program, 
whether that is financial cost savings or the best air service we can 
secure, while being mindful of the fiduciary challenges constantly 
facing the program.
    The top challenges the program is facing at present include COVID-
19 pandemic-related effects on passenger traffic and increased costs to 
operate air service to EAS communities.
    The Department is constantly engaged with communities and 
stakeholders on current and future needs. We have a statutory framework 
for our small community air service programs and there are many 
flexibilities that the Department can exercise in its contracts with 
air carriers and grant agreements with communities. We ask that 
communities be forthcoming with what improvements they are seeking, and 
we stand ready to address them.
    I look forward to working with the Committee on these issues and 
more, to ensure the EAS Program reliably supports small and rural 
communities.

    Question 2. The Small Community Air Service Development Program is 
another relatively small, but nonetheless important DOT program that 
can help smaller communities address their air service issues. Given 
that air service to smaller communities--which was struggling before 
2020-was delivered another blow by the pandemic, should Congress 
consider expanding or altering this program as a way to help smaller 
communities improve their air service?
    Answer. Through the 2018 FAA Reauthorization, Congress provided the 
Department several new programmatic flexibilities, which have allowed 
the Department to better assist communities holding grants with 
improving air service. With costs increasing in the aviation industry, 
the Program is observing a trend in applications seeking more funding 
per-applicant for revenue guarantees: individual applications seeking 
more than $900,000 in grant funding per applicant constituted 2 percent 
of applications for FY2017, 11 percent for FY2018, and 23 percent for 
FY2019. Making funding accessible to the study of new technologies, 
such as the use of electric aircraft, could help small communities 
prepare to take advantage of innovative air service solutions in the 
future.

    Question 3. As you are aware, the U.S.-EU Open Skies agreement has 
eliminated government interference in the commercial decisions of air 
carriers about routes, capacity, and pricing. Open Skies has freed up 
carriers to provide more affordable, convenient, and efficient air 
service for consumers. The free marketplace created by Open Skies has 
been a boon for jobs in the aviation industry and beyond. If the U.S. 
takes action that breaches any one of our Open Skies agreements, it 
would put these jobs in jeopardy.

   Has the U.S.-EU Open Skies agreement been beneficial for 
        U.S. consumers and airlines?

   Will you commit to uphold U.S. Open Skies agreements?

   What are the top challenges and opportunities with regard to 
        international air service at this time?

    Answer. Open Skies has been the foundation of U.S. international 
air transportation policy since 1992. This policy has enabled the U.S. 
aviation industry to support more that 10 million American jobs and $1 
trillion in economic activity. We continue to recognize the great 
importance of Open Skies to the Department's diverse stakeholders, 
including airports, airlines, labor, members of the traveling and 
shipping public, and others. Of our numerous Open Skies agreements, the 
U.S.-EU Air Transport Agreement generates the most economic activity. 
In 2019, U.S. carriers and their European partners carried over 73 
million passengers over the Atlantic, more than any other international 
air transport market involving the United States. The immunized joint 
venture agreements that U.S. carriers participate in with EU carriers 
have directly translated to economic benefits to the carriers, their 
employees, and the public.
    The Department is committed to our statutory requirement of acting 
consistently with the international binding obligations of the United 
States Government under all U.S. international air transport 
agreements, including the U.S.-EU Air Transport Agreement. The 
Department is also committed to ensuring a level playing field for U.S. 
airlines in international markets, and we are using the statutory and 
regulatory tools Congress has given us to address anticompetitive 
behavior, such as foreign governments' discriminatory flight 
restrictions and unsafe crew treatment practices.
    Currently, the greatest challenges with regard to international air 
service to and from the United States include the COVID-19 response and 
international travel restart. If confirmed, I will continue to work 
with our interagency partners and stakeholders toward the safe and 
efficient restart of international travel, and to support that safety 
and efficiency as demand for international travel rebounds.

    Question 4. In your testimony you mentioned your desire to ensure a 
level ``flying field'' for American air carriers and workers with our 
international counterparts. As you may be aware, we have multiple 
bilateral safety agreements with foreign civil aviation authorities 
that require mutual validation of our aviation products. Do you believe 
it is important to ensure our foreign counterparts are abiding by our 
agreements? Do you believe there are metrics or data that can be used 
to help ensure compliance with agreements from our international 
partners?
    Answer. I take our bilateral aviation safety agreements (BASAs) 
very seriously. The U.S.-EU Safety Agreement, in particular, is a 
landmark agreement that has steadily reduced the duplication of work 
done by both organizations since its implementation in 2011. This 
reduction allows both FAA and the European Union Aviation Safety Agency 
(EASA) to concentrate on new technology and higher risk safety issues. 
EASA and the other civil aviation authorities that are parties to BASAs 
with the United States must abide by the terms of the respective 
agreements. I welcome any type of proposals that could ensure our 
partners' compliance with the respective BASAs.
                                 ______
                                 
     Response to Written Questions Submitted by Hon. John Thune to 
                            Carol A. Petsonk
    Question 1. The provider of Essential Air Service to two 
communities in South Dakota--Pierre and Watertown--was recently 
changed, against the preference of the communities and despite the 
strong growth in enplanement numbers both communities had seen over the 
past few years. These communities have experienced disruptions in their 
air service before. Now, as the pandemic recedes, Department of 
Transportation's (DOT) decision will be harmful to their recovery.
    These communities have expressed concerns to DOT, asking that they 
reconsider such a disruptive decision. But instead of taking action, 
DOT has done nothing, declining to even respond to the requests of 
these communities to reconsider.
    In the meantime, the newly selected carrier has made changes to 
their original proposal, which alone in my opinion serve as grounds for 
reconsideration of this decision. Yet still, in light of this 
information detailed in a letter I sent just this week with the South 
Dakota congressional delegation, DOT has still declined to take action.
    If confirmed, will you commit to reviewing this particular issue in 
a manner that prioritizes reliable service, recognizes the preference 
of the communities served, and adequately considers Federal and local 
investments in airport infrastructure?
    Answer. I share Congress's commitment to maintaining reliable air 
service to all EAS communities, in a way that fits the needs of small 
and rural communities across the United States. The Department is 
currently reviewing the petitions for reconsideration of Pierre and 
Watertown and giving them full consideration. I commit to continuing to 
work with Congress and all eligible EAS communities to ensure that they 
maintain critical links to the national air transportation system.

    Question 2. As the economy and domestic air travel recover from the 
pandemic, it is crucial that international travel also be restored in a 
safe manner, especially when it comes to nations with comparatively 
high vaccination rates and declining case numbers.
    If confirmed, will you commit to lifting restrictions on 
international air travel in a safe and efficient manner?
    Answer. Since the start of the pandemic, the Department has worked 
closely with the CDC, DHS, and the Department of State, as well as with 
industry and labor, to facilitate the implementation of the mask 
mandate, testing requirements, traveler restrictions, and other 
measures to ensure safety and maintain critical connectivity. If 
confirmed, I will continue to work with our interagency partners and 
stakeholders toward the safe and efficient restart of international 
travel, and to support that safety and efficiency as demand for 
international travel rebounds.
                                 ______
                                 
    Response to Written Question Submitted by Hon. Dan Sullivan to 
                            Carol A. Petsonk
    Question. One of the most important economic and trade policies I 
worked on during my time as the U.S. State Department's Assistant 
Secretary for Economic, Energy and Business Affairs was Open Skies and 
securing air transport agreements with nations around the world. If 
confirmed, your office will be assisting the State Department in 
negotiating international aviation matters, such as Open Skies 
agreements. I was confident these agreements would spur innovation and 
jobs then and I am proud to see the results today, especially in terms 
of jobs generated and economic benefits to Alaska. Ted Stevens 
Anchorage International Airport (ANC) is home to the fourth busiest 
cargo airport in the world. ANC has become a critical waypoint for 
goods traveling from all over the world to homes and businesses of our 
constituents confined by the pandemic.
    If you are to become the Assistant Secretary for Aviation and 
International Affairs, will you ensure the U.S. remains firmly 
committed to these agreements that support the cargo industry's ability 
to support good paying jobs and the timely transport of goods and other 
potentially lifesaving deliveries to our communities?
    Answer. The Department continues to be fully committed to our Open 
Skies policy as established by DOT order in 1992. Since that time, the 
United States has established Open Skies relationships with 130 foreign 
partners, many of which include increased flexibility for cargo 
carriers to meet the needs of businesses and suppliers. The fundamental 
principles that underlie our Open Skies policy, including reliance on 
market forces rather than government regulation and empowering our 
airlines to compete throughout the world, will continue to serve as 
core tenets of the Department's future aviation policies and 
priorities.
    With respect specifically to Alaska, the Department also granted 
additional cargo and passenger transfer exemption authority to all 
foreign carriers at Alaskan airports, so Alaska may also receive 
benefits associated with carrier operations by virtue of that 
exemption. In addition, my staff has worked together with the Anchorage 
Airport Director and the Alaska International Airport System (AIAS) for 
years, collectively developing methods to apprise foreign air carriers 
of the unique opportunities available to them at Alaskan airports, 
whether as a result of the transfer exemption authority or the Stevens 
Amendment.
                                 ______
                                 
      Response to Written Questions Submitted by Hon. Mike Lee to 
                            Carol A. Petsonk
    Question 1. The Department of Transportation is responsible for 
regulating aviation in the United States. One debate taking place at 
the FAA is the issue of drone regulation. Low-altitude drones are a 
major focus for the states, who through their inherent police powers, 
govern matters such as property rights, land use, trespass, privacy, 
and local safety issues. When Secretary Buttigieg came before this 
Committee, he agreed with me that there should be a clear role for 
authorities outside of the Federal government, such as state and local 
authorities, to regulate drones in some of these matters.

   Do you agree with Secretary Buttigieg that state and local 
        governments have a clear role to play in the regulation of low-
        altitude drone operations?

    Answer. Drone manufacturers and operators also enjoy access to 
public airspace and will need a consistent set of requirements and 
operating procedures in order to establish significant economic and 
societal benefits while maintaining safety. State and local governments 
will be vital partners in the management and enforcement of drone 
operations. It will be critical to work with regional and local 
authorities to ensure that drones can operate safely and efficiently in 
accordance with all applicable laws. There are some laws that may be 
applicable to drone operations (such as laws or regulations dictating 
requirements for personal privacy) that are not within the purview of 
the DOT to manage.

   Are there limits to the FAA's authority to regulate airspace 
        in relation to a State's police powers?

    Answer. The FAA's interest in regulating airspace is in part to 
ensure that we can establish a safe and consistent set of regulations 
that can apply to any operators in public airspace. The FAA is engaged 
in designing drone requirements and management systems in a way that 
considers more coordination and transparency with State and local law 
enforcement, including mandating the necessity for remote 
identification of drone operators. I am happy to put the Committee in 
direct contact with the appropriate FAA personnel to provide more 
detail about their regulation of the airspace.

    In the context of drone operations, the FAA has taken the position 
that they control the airspace from the ground up. Do you think the 
Federal government has the ability to regulate the airspace a couple of 
feet above your lawn? What about mere inches above the blades of grass? 
In other words, should air inches above your backyard or front lawn be 
considered Federal airspace?
    Answer. The mission of the DOT and FAA is to ensure the safety, 
efficiency, and continued viability of air transportation operations. 
Again, I am happy to put the Committee in direct contact with the 
appropriate FAA personnel to provide more detail about their regulation 
of the airspace.

    Question 2. The CDC's COVID-19 mask mandate currently requires 
masks to be worn on public transportation conveyances and on the 
premises of transportation hubs, including airports and on airplanes. 
The CDC has also said that vaccinated individuals do not need to wear 
masks in public.
    Is the CDC's requirement that vaccinated individuals must continue 
to wear masks in airports and on public transportation consistent with 
the agency's own policy and research?
    Answer. DOT's response to the COVID-19 pandemic is informed by 
public health experts. Our primary interest is in ensuring the safety 
and health of all passengers and workers in the air transportation 
system, whether or not they have received vaccination. DOT is 
coordinating closely with government partners including the CDC, HHS, 
DHS, TSA, and others. DOT will continue to facilitate the 
implementation of future policies in coordination with partners in CDC, 
HHS, DHS and TSA. CDC views the continued use of masks in conveyances, 
including airplanes, and in large indoor spaces, including airports, as 
an important risk mitigation given the volume of travelers, 
particularly onboard aircraft and at airports, the inability to 
implement other risk mitigations like social distancing when onboard 
conveyances like a plane, the rise of variants, and the lack of options 
if a traveler is uncomfortable with the situation onboard, especially 
once an aircraft is inflight.

   Scientific evidence also shows young children have a much 
        lower chance of contracting or spreading COVID-19. In your 
        personal judgement, based on publicly available research, is it 
        appropriate to require that two-year-old children wear masks on 
        public transportation?
    Answer. DOT will continue to facilitate the implementation of 
policies informed by best available science and public health experts' 
counsel to keep passengers and aviation workers safe.

   Will you advocate for lifting the COVID-19 mask mandate for 
        airports and airplanes and allow for airports and airlines to 
        make the best decisions for their respective companies and 
        consumers?
    Answer. I understand the frustration of passengers in our air 
transportation system of dealing with the myriad risk mitigation 
measures in place to ensure the health of passengers and aviation 
workers. I am committed to working with intergovernmental partners to 
develop policies that best serve public health and the public interest. 
The concerns of airlines and airports will, of course, be considered 
carefully as we collaborate to develop policies necessary to limit the 
spread and effects of COVID-19 or future diseases. In fact, the mask 
mandate was partially a response to the request for support from the 
aviation industry as they struggled to implement company policies on 
mask use for passengers and workers.

    Question 3. Will you propose, advocate, or encourage the DOT or any 
private sector entity under your purview to require the mandatory 
vaccination of Americans to use air transportation domestically or 
internationally?
    Answer. DOT will continue to facilitate the implementation of 
policies informed by best available science and public health experts' 
counsel to keep passengers and aviation workers safe, and in close 
coordination with other government partners including the CDC, HHS, 
DHS, TSA, DOD and others. Future iterations of policy on masks or 
vaccinations will be coordinated with these partners. Any guidance or 
future regulatory action on vaccination would be based on public health 
expertise, principles of equity, and widely coordinated, including 
within the administration and with Congress. While we hope to build on 
the progress in public safety provided by increasing numbers of 
vaccinated passengers, there are currently no plans to establish 
vaccination mandates for travel.

    Question 4. To my knowledge, the last Federal guidance on use of 
counter-drone mitigation equipment was issued jointly by the DOJ, DOT, 
FCC, and DHS in August 2020. The guidance notes that Congress has only 
authorized DOD, DOE, DOJ, and DHS to engage in C-UAS activities and 
that any other entity, including airports, must ``understand that 
Federal laws may prevent, limit, or penalize the sale, possession, or 
use of UAS detection and mitigation capabilities''.

   This guidance certainly seems to tie airports hands in being 
        able to respond to legitimate threats. Absent any change in the 
        law, does an airport have any recourse to address these safety 
        and security concerns?

    Answer. I would defer any interpretation of existing law, including 
what measures may be available to airports to manage drones, to airport 
attorneys, the FAA, and counsel in the Department. I can say that the 
Office of Aviation and International Affairs works closely with our 
government security partners to ensure the safety, security, and 
interests of the travelling public. I will be happy to work with FAA to 
engage state and local representatives to address any concerns they 
might have with developing DOT drone policy and to limit risks 
(including risks of liability) to passengers, airport managers, and 
other stakeholders.
    The Federal Aviation Administration just issued the Remote 
Identification Rule in April, which will go a long way in enabling 
airports, law enforcement, and critical infrastructure owners in 
addressing operations of drones that threaten public safety and 
security by connecting the drone to its owner and location of the 
operator in real time, which may enable law enforcement to respond 
directly to such incidents.

    Would you agree that it would make sense to allow airport 
operators, state and local law enforcement, and airport law enforcement 
to be equipped with some form of counter-drone authority to counter 
threats to airport property?
    Answer. DOT interests are primarily to ensure the safety, security, 
and quality of air transportation. We will work with DOJ, DHS, DOD, and 
FCC, and other authorized partners moving forward to ensure safety at 
airports. Determining the most appropriate party to intervene in a 
perceived threat from a drone is largely outside the purview of my 
office. Existing law gives our government partners wide latitude and 
authority to address identified threats; the law also requires those 
departments and agencies to work with the FAA to ensure the use of 
counter-drone authority does not inadvertently threaten aviation safety 
and the safe operation of the National Airspace System. We will 
continue to work with a wide scope of stakeholders, including state and 
local governments, law enforcement, and airport authorities to ensure 
we are able to respond quickly and effectively to safety or security 
threats.

    Question 5. As we move beyond the COVID-19 pandemic, we are seeing 
optimism in domestic air markets because we have few internal 
restrictions. But the Federal government's travel restrictions still 
deter the restoration of international air travel. This restoration is 
vital for ensuring airlines can return to normal operations, but also 
to ensure that our tourism sector is able to compete with international 
markets.

   Do you agree that full restoration of international air 
        travel into the United States should happen swiftly?

    Answer. I agree that restoring international travel is critical to 
the recovery of the aviation and tourism industries as well as other 
sectors which rely on international air connectivity. Based on input 
from our industry and labor stakeholders, the recovery of international 
air travel to pre-pandemic levels is likely to advance gradually as 
airlines reassess demand, and then reinstate the necessary crews and 
aircraft to support the additional flying. I am confident our industry 
is ready to serve the traveling public and businesses as international 
travel demand increases.

   If confirmed, will you advocate for and seek to communicate 
        clear, public benchmarks that will expeditiously restore 
        international air travel into the United States?

    Answer. The Department will continue to work with our interagency 
partners in the CDC, DHS, and Department of State so that any changes 
to international air travel restrictions are effectively and promptly 
communicated to the traveling public, industry, and other stakeholder 
groups.

   Can you commit to providing a public timeline on the plan to 
        restore international air travel into the United States?

    Answer. The Department is committed to facilitating effective and 
prompt communication to the traveling public, industry, and other 
stakeholder groups. As soon as our health experts determine that it is 
safe to fully restart international travel, the Department will do 
everything in its power to support industry and the traveling public 
with appropriate information as far in advance as possible.
                                 ______
                                 
Response to Written Questions Submitted by Hon. Shelley Moore Capito to 

                            Carol A. Petsonk
    Question 1. West Virginians benefit from access to passenger air 
services to destinations across the United States and, as we move 
passed the pandemic, internationally. West Virginians also rely on 
timely shipments and deliveries to small businesses and households 
across the state. This is largely made possible by the air transport 
agreements we have with other countries.

   As Assistant Secretary of Transportation for Aviation and 
        International Affairs, you will be responsible to promote 
        policies that lead to economic growth and trade. If confirmed, 
        do you commit to working with Congress on this issue?

    Answer. Having grown up in the small town of Altoona, Pennsylvania, 
where our one-gate airport was our family's gateway to the country, and 
the world, I understand the value that air connectivity brings to small 
and rural communities in West Virginia and across the United States. 
The linkage of that domestic air connectivity with international air 
services is one of the most vital components of our international air 
transportation agreements. Our Open Skies agreements, in particular, 
ensure more options for connectivity and, with increased competition, 
lower costs for travelers and shippers. That global connectivity 
creates new opportunities for trade and commerce, further increasing 
economic activity in our country's small communities. I commit to 
working with Congress on this issue to further support air connectivity 
to small communities.

    Question 2. In West Virginia, there are five airports that rely on 
Essential Air Service, especially with the significant reduction in 
passenger demand caused by the COVID-19 pandemic.

   Will you commit, if confirmed, to the Essential Air Service 
        (EAS) Program that guarantees service to small, rural 
        communities?

    Answer. Yes, I commit to managing the EAS program to ensure EAS 
communities maintain reliable connections to the national air 
transportation system, as I know first-hand how critical the guarantee 
of air service is to the small and rural communities in the program.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Cynthia Lummis to 
                            Carol A. Petsonk
    Question 1. When we spoke in my office, I asked if you had read the 
``Report of the Working Group On Improving Air Service to Small 
Communities'' that was published on May 9, 2017. Have you read this 
report?

   What were your takeaways from the recommendations that were 
        drawn by this working group?

    Answer. Yes, I have read the report and the working group's 
recommendations. Air service to small communities is important to the 
Department and we take our statutory responsibilities to administer two 
programs, EAS and SCASDP, very seriously. The Department stands ready 
to work with Congress on ways to improve both programs.

   Do you believe that a pilot shortage has caused airline 
        consolidation and therefore adversely hurt small and rural 
        community air service across the country?

    Answer. The pilot shortage, as well documented by many media 
outlets and trade groups, did affect the regional airline industry in 
significant ways. There was some consolidation, which reduced the 
number of carriers in the industry. However, some carriers became 
stronger and placed orders for new, modern, and larger aircraft. While 
the frequency levels and access to certain hubs may have been 
negatively impacted by fewer carriers and larger aircraft, many more 
small communities today have jet service on a major airline brand to 
one or more large hubs, and that can be viewed as an improvement over 
years past.

   What are your thoughts on the recommendations that the 
        working group made on the EAS program?

    Answer. The main recommendation from the working group was for the 
EAS program to be fully funded. The Department takes its fiduciary 
responsibilities to the program very seriously, and we develop our 
budgets with our statutory responsibilities in mind, with the aim of 
ensuring that all of the eligible communities stay connected to the 
national air transportation system without interruption.
    We will stay in close contact with Congress regarding the funding 
status of the program so that we can adequately administer this program 
to meet its obligations.

    Question 2. The EAS program has unfortunately failed at the 
original congressional intent of providing a baseline of air service to 
many rural communities. Some communities have lost eligibility in the 
program, while the remaining eligible communities have not seen better 
air service despite ever-increasing costs for the program. If 
confirmed, what policy changes will you undertake in your role to 
better improve the service to rural communities?
    Answer. The Department has a long-standing commitment to air 
service for small and rural communities, including in our EAS 
communities. I share that commitment and am ready to work with Congress 
on ways to improve service to eligible communities. Recovering from the 
financial challenges brought on by the COVID-19 pandemic will take 
time, and the relief provided by the suspension of certain eligibility 
requirements by Congress will enable communities to adjust to returning 
passenger demand.

    Question 3. In order to maintain rural air service a several 
commercial airports in my home state of Wyoming, the state created 
`capacity purchase agreements' to subsidize the commercial air service. 
This program has been the sole reason several airports have maintained 
commercial air service. To the best of your knowledge, have other 
states created similar mechanisms to bolster rural air service? Are 
there best practices you can take from the states when both 
implementing the EAS program and making recommendations to Congress on 
ways to improve the program?
    Answer. The Department is aware of Wyoming's unique approach, and 
we have administered a number of SCASDP grants in support of the 
state's air service objectives. Wyoming communities continue to submit 
new and different proposals to improve their connectivity to the 
national air transportation system. When administering SCASDP and EAS, 
we pay close attention to how communities define their objectives and 
achieve them. I am not aware of mechanisms similar to Wyoming's in 
other states, but I am committed to working with Congress on innovative 
ways to improve air service to small and rural communities.

                                  [all]