[Senate Hearing 117-725]
[From the U.S. Government Publishing Office]


                                                        S. Hrg. 117-725

                           NOMINATION TO THE
               MARITIME ADMINISTRATION, NATIONAL HIGHWAY
                 TRAFFIC SAFETY ADMINISTRATION, AND THE
                      DEPARTMENT OF TRANSPORTATION

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

                                HEARING

                               BEFORE THE

                         COMMITTEE ON COMMERCE,
                      SCIENCE, AND TRANSPORTATION
                          UNITED STATES SENATE

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             FIRST SESSION
                               __________

                           DECEMBER 16, 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
                    
53-138   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
                 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 December 16, 2021................................     1
Statement of Senator Cantwell....................................     1
Statement of Senator Wicker......................................     3
    Letter dated December 15, 2021 to Hon. Roger F. Wicker from 
      John E. Putnam, Deputy General Counsel, U.S. Department of 
      Transportation.............................................    61
Statement of Senator Klobuchar...................................    64
Statement of Senator Fischer.....................................    65
Statement of Senator Tester......................................    67
Statement of Senator Blackburn...................................    69
Statement of Senator Hickenlooper................................    71
Statement of Senator Rosen.......................................    72
Statement of Senator Thune.......................................    74
Statement of Senator Blumenthal..................................    76
Statement of Senator Cruz........................................    78
Statement of Senator Markey......................................    80
Statement of Senator Sullivan....................................    81
Statement of Senator Lujan.......................................    84
    Article dated January 16, 2019 from Hemming's Motor News , 
      entitled ``General Motors Onboard Experimental Alcohol and 
      Drug Impairment Detection Device of the 1970s''............    85
    Article in Tech News from the Associated Press dated January 
      3, 2007 entitled, ``Toyota creating alcohol detection 
      system''...................................................    86
    Press Release from Volvo dated March 20, 2019 entitled, 
      ``Volvo Cars To Deploy In-Car Cameras And Intervention 
      Against Intoxication, Distraction''........................    87
    Report on test results from Euro NCAP on the 2021 Subaru 
      Outback....................................................    88
Statement of Senator Peters......................................   104
Statement of Senator Young.......................................   106

                               Witnesses

Rear Admiral Ann Clair Phillips (USN Ret.), Nominee to be 
  Administrator, Maritime Administration.........................     4
    Prepared statement...........................................     6
    Biographical information.....................................     7
Dr. Steven Scott Cliff, Nominee to be Administrator, National 
  Highway Traffic Safety Administration..........................    31
    Prepared statement...........................................    33
    Biographical information.....................................    34
John Edward Putman, Nominee to be General Counsel, Department of 
  Transportation.................................................    48
    Prepared statement...........................................    49
    Biographical information.....................................    50

                                Appendix

Response to written questions submitted to Rear Admiral Ann 
  Phillips by:
    Hon. Maria Cantwell..........................................   109
    Hon. Richard Blumenthal......................................   111
    Hon. Amy Klobuchar...........................................   111
    Hon. Raphael Warnock.........................................   112
    Hon. Roger Wicker............................................   112
    Hon. Mike Lee................................................   113
    Hon. Rick Scott..............................................   115
Response to written questions submitted to Dr. Steven Cliff by:
    Hon. Maria Cantwell..........................................   116
    Hon. Richard Blumenthal......................................   118
    Hon. Edward Markey...........................................   119
    Hon. Gary Peters.............................................   120
    Hon. Jacky Rosen.............................................   121
    Hon. Kyrsten Sinema..........................................   122
    Hon. Ben Ray Lujan...........................................   123
    Hon. Raphael Warnock.........................................   123
    Hon. Edward Markey...........................................   124
    Hon. Roger Wicker............................................   125
    Hon. Todd Young..............................................   128
    Hon. Mike Lee................................................   128
    Hon. Shelley Moore Capito....................................   129
    Hon. Rick Scott..............................................   130
Response to written questions submitted to John Putnam by:
    Hon. Maria Cantwell..........................................   130
    Hon. Amy Klobuchar...........................................   133
    Hon. Kyrsten Sinema..........................................   133
    Hon. Raphael Warnock.........................................   134
    Hon. Roger Wicker............................................   135
    Hon. Dan Sullivan............................................   136
    Hon. Mike Lee................................................   136
    Hon. Rick Scott..............................................   138

 
                       NOMINATION TO THE MARITIME
                    ADMINISTRATION, NATIONAL HIGHWAY
                   TRAFFIC SAFETY ADMINISTRATION, AND
                    THE DEPARTMENT OF TRANSPORTATION

                              ----------                              


                      THURSDAY, DECEMBER 16, 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, Markey, Peters, Rosen, Lujan, Hickenlooper, Wicker, 
Thune, Cruz, Fischer, Sullivan, Blackburn, Tester, and Young.

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

    The Chairwoman. The U.S. Senate Committee on Commerce, 
Science, and Transportation will come to order.
    We're having a Full Committee hearing today on the 
Nominations for several positions, three very important 
nominations to the Department of Transportation.
    We welcome the nominees and their families and we thank 
them for their willingness to serve.
    First, we'll consider the nomination of Rear Admiral Ann 
Phillips to be Administrator of the Maritime Administration. 
Welcome to you and to your family.
    We are currently facing unprecedented challenges in the 
U.S. maritime industry from concerns about reports of sexual 
assault at the Merchant Marine Academy to the need for 
investments in our ports to ease congestion and the need for 
strong leadership at the helm of the Maritime Administration.
    Rear Admiral Phillips has significant experience in the 
U.S. Navy and many challenging situations, including Operation 
Desert Shield/Desert Storm, as well as her capacity as Director 
of the Surface Warfare for the Chief of Naval Operations.
    After 31 years of naval service, she continues to serve as 
a Special Assistant to Virginia Governor Ralph Northam with a 
focus on coastal adaptation and protection.
    She has been a trailblazer across her career, the first 
female destroyer squadron commodore and the first female 
Director of the Surface Warfare and now the first female MARAD 
Administrator.
    I look forward to seeing her confirmed as the next MARAD 
Administrator.
    Next, we will consider the nomination of Dr. Steven Cliff, 
welcome, to be the Administrator of the National Highway 
Transportation Safety Administration. Welcome to you and to 
your family and thank you for your willingness to serve.
    NHTSA's mission is to save lives, to prevent injuries, 
reduce the number of accidents, and hopefully help us with 
economic impacts of those events.
    The bipartisan Infrastructure law included new safety 
mandates that NHTSA will be required to implement, including 
automatic emergency braking, lane-keep assist, and impaired 
driving detection technology.
    The law also includes historic funding levels for NHTSA's 
Highway Safety Grants which will help states and cities combat 
distracted and impaired driving and improve occupant protection 
and pedestrian safety.
    At a time when roadway fatalities are at the highest level 
since 2007 and as electric and automated vehicles are becoming 
a larger part of our economy, it has never been more important 
to have leadership at NHTSA that will take on these challenges.
    Dr. Cliff currently serves as Deputy Administrator at 
NHTSA. He brings to this role a very extensive scientific and 
regulatory background. In addition to working on research at 
the University of California, Davis, he has held several 
various positions at the California Air Resource Board, 
including most recently as its Deputy Executive Officer.
    His work there included program oversight of regulation and 
working on program development with industry and other 
stakeholders. So I look forward to asking you some very 
important safety questions related to NHTSA.
    And finally, we will consider the nomination of John Putnam 
to be the General Counsel of the Department of Transportation.
    The General Counsel for the Department of Transportation is 
the chief legal officer of that department and serves as the 
legal advisor to the Secretary.
    The General Counsel also oversees the Office of Aviation 
Consumer Protection and as we were talking before the hearing 
convened about yesterday's hearing and the needs to continue to 
focus on consumer refund issues and the rules that DOT have on 
that and working with us in Congress, very important issue to 
get consumers the refunds they deserve.
    Also, the responsibilities involve coordinating the 
department's legislative and regulatory efforts. Mr. Putnam's 
nomination comes at a critical moment in light of the recent 
bipartisan Infrastructure law which provides an historic $567 
billion to the department for various things and incorporating 
safety rulemaking.
    The counsel's office will also be responsible to set up 
grant programs designed to strengthen our freight and port 
infrastructure, something that many members of this committee 
have great interest in, and, as we've seen, problems in part of 
our supply chain can quickly cascade to impacts throughout our 
economy.
    The department has also jurisdiction over civil aviation. 
The committee has been heavily focused on aviation systems and 
making sure that they are not only safe but the entire 
ecosystem is poised to grow coming out of the pandemic.
    Congress has given the department a lot of work in this 
respect in implementing the Aviation Manufacturing Jobs Program 
that myself and Senator Moran worked on, mandating aviation 
safety rulemaking and direction to make sure consumers are 
protected.
    Mr. Putnam, I plan to ask you about the department's work 
to expedite FAA rulemaking and as part of the aviation safety 
law that we passed last year that Senator Wicker and I worked 
so diligently on and our teams. Part of that rulemaking 
includes a safety management system requirement for 
manufacturers and this is critically important and one of the 
key recommendations not only of our committee but of many other 
organizations around the world that these safety management 
systems are critical for aviation.
    And also, as I mentioned, I'm going to ask you about what 
we're doing about the backlog of consumer complaints filed 
against airlines for failures to refund during the pandemic.
    I'm also going to ask about what the department is going to 
do on pipeline safety. Just yesterday, a grand jury indicted 
Amplify Energy and two subsidiaries for negligent behavior in 
the aftermath of the October oil spill for Southern California.
    The indictment referenced multiple warnings that were 
allegedly ignored by Amplify Energy, including eight different 
alarms for pipeline leak detection systems over a 13-hour 
period.
    Amplify failed, as the allegations state, to turn off the 
pipeline and immediately report the spill to the Coast Guard. 
This delayed response and cleanup of the oil spill may have 
resulted in an increase and potentially avoidable harm to our 
fragile coastal ecosystem. The spill was caused by a ship's 
anchor dragging a pipeline.
    The Department of Transportation, and the Coast Guard, must 
improve the oversight of pipeline and anchorage locations and 
we must assess the risk posed by existing pipelines near 
shipping channels and anchorages.
    This is why it's especially important to have leadership at 
the Department of Transportation. So I look forward to your 
confirmation and your leadership on these important issues.
    So thank all of you again for your willingness to serve, 
and now I turn to my colleague, Senator Wicker, the Ranking 
Member, for his opening statement.

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

    Senator Wicker. Thank you very much.
    Senator Cantwell is correct. She and I have worked together 
closely on items, such as the airline safety legislation, and 
on these nominees, I know Secretary Buttigieg came to visit 
some of us in the Capitol just last week and asked that we get 
him a team confirmed and in place and so I do appreciate the 
Chair calling this hearing today and seeking to move forward on 
these nominations.
    These positions are key leadership roles at DOT, making it 
all the more vital that this committee carefully assess each 
nominee's qualifications and plans for the department.
    Mr. Putnam is currently serving as Deputy General Counsel 
at DOT and he's also served as Acting General Counsel. This 
experience has undoubtedly given him valuable overview of the 
duties of General Counsel. He has also worked for the State of 
Colorado and practiced transportation law in private practice.
    So I look forward to hearing how these professional 
credentials could benefit the American public.
    Dr. Cliff is the Deputy Administrator of NHTSA, having 
joined the department from the California Air Resources Board 
where he was Deputy Executive Director. He also worked for the 
California Department of Transportation and as a professor at 
Cal, Davis.
    I'm interested in hearing how these previous roles would 
inform his approach at NHTSA. His testimony today will allow 
him to articulate to the Committee how he plans to improve 
safety for the traveling public.
    Rear Admiral Phillips is presently serving as the Special 
Assistant to Governor Northam for Coastal Adaptation and 
Protection. She has a distinguished career in the U.S. Navy for 
30 years and retired with the rank of Rear Admiral in 2013.
    I'm interested to hear from her regarding her plans to 
carry out the critical duties of MARAD Administrator which 
include oversight of the Merchant Marine Academy and its 
Sealift Senior Program, as the Chair just mentioned, in 
addition to strategic efforts to grow the U.S. Flag Fleet.
    I will note that I am disappointed and a bit puzzled by 
MARAD's recent refusal to provide technical drafting assistance 
before my markup of the Improving Protections for Midshipmen 
Act, which is a bipartisan bit of legislation designed to 
address the sexual harassment and sexual assault problem that 
we have and that the Academy is determined to address, also. So 
it came as a surprise to me.
    If confirmed, I hope Admiral Phillips will work for a 
collaborative relationship to assist the legislative branch 
when that is possible.
    So I want to thank all these nominees, thank the Chair for 
expeditiously calling this hearing, and I yield back.
    The Chairwoman. Thank you, Senator Wicker.
    So, Rear Admiral, we'll start with you. So we're asking 
each of you to give 5 minutes of testimony and submit anything 
longer for the record and certainly welcome you if you would 
like to introduce your family, make any other additional 
statements.
    Thank you.

         STATEMENT OF REAR ADMIRAL ANN CLAIRE PHILLIPS

           (USN, RET.), NOMINEE TO BE ADMINISTRATOR,

                    MARITIME ADMINISTRATION

    Admiral Phillips. Thank you, Madam Chair.
    Chair Cantwell, Ranking Member Wicker, Members of the 
Committee, it's an honor to appear before you today as Nominee 
for the position of Maritime Administrator.
    I want to thank President Biden and Secretary Buttigieg for 
nominating me to fill this role. It is both critical to our 
economic and our national security.
    I also would like to introduce my husband Luis Boticario, 
Captain, U.S. Navy (Ret.), who is watching virtually, and my 
brother, Dr. Jonathan Phillips, who is here today.
    If I am honored enough to be confirmed, I pledge that I 
will work diligently to execute the duties and responsibilities 
of the Maritime Administrator and to support Secretary 
Buttigieg and the extraordinary team of the Department of 
Transportation and the Maritime Administration as we work to 
strengthen our Merchant Marine, continue to strengthen the 
resilience of our supply chains, and implement a historic 
investment in our maritime infrastructure.
    I am committed to working closely with the members of this 
committee and your colleagues to advance our Nation's maritime 
transportation and infrastructure goals.
    I know from my experience on the staff of the Chief of 
Naval Operations the critical work of congressional committees 
and how hard you work to meet the needs of your constituents 
and communities.
    I also know how important it is to listen to and work with 
you on a broad range of stakeholders to find bipartisan 
solutions to the challenges we face.
    During my nearly 31-year career, I had the honor of holding 
command at sea three times at the ship, destroyer squadron and 
strike group levels. As Commander, Expeditionary Strike Group 
2, I worked closely with the Military Sealift Command to ensure 
capacity and support for a host of related strategic response 
missions.
    As a result of my experiences in this and other 
assignments, I understand the critical role of our commercial 
merchant marine in providing the vital sealift on which our 
military relies and I witnessed many of the challenges that 
confront our commercial fleet, as well.
    Previously, I also served as Deputy Director and then 
Director of Surface Warfare Division in the Pentagon. I managed 
the annual Fiscal Year defense plan for the submission of the 
surface force, including ships combat systems, weapons systems, 
and related training and infrastructure. I retired as a Rear 
Admiral in 2013.
    For the past 3 years, I have served as the Special 
Assistant to Governor Ralph Northam for Coastal Adaptation and 
Protection in the Commonwealth of Virginia. Under my 
leadership, we developed and delivered the Commonwealth's first 
Coastal Resilience Master Plan which sets forth strategies to 
protect our most critical and vulnerable coastal infrastructure 
from sea level rise and coastal hazards.
    Throughout my career, safety has been at the forefront of 
my mission. The foundational priority for U.S. DOT will always 
be safety. Likewise, safety will be the ``north star'' for the 
Maritime Administration should I have the honor to be confirmed 
as Administrator.
    In addition, for the Maritime Administration, my priorities 
will be, first, promoting a strong Merchant Marine and 
continuing the recapitalization of the Strategic Sealift Fleet 
and support for a competitive, safe, and modern maritime 
industry capable of meeting strategic sealift support 
requirements and prepared to succeed in a contested 
environment.
    Second, continuing the work initiated by DOT and MARAD to 
address the many challenges of the U.S. Merchant Marine 
Academy, including implementing measures to support a safe and 
inclusive learning and training environment on campus and at 
sea where sexual assault and harassment are not tolerated.
    Further, advancing the ongoing efforts to address the 
Academy's many infrastructure challenges and strengthening 
MARAD's oversight of the Academy, supporting effective 
governance, and tackling the many other issues enumerated in 
the study recently released by the National Academy of Public 
Administration.
    Third and finally, to support effective and speedy 
implementation of the grant programs authorized under the 
Infrastructure Investment and Jobs Act.
    As we continue to emerge from the pandemic, aided by the 
bipartisan Infrastructure law, we have a once-in-a-generation 
opportunity to improve our maritime systems, supply chains, 
infrastructure, and industry, and to ensure that it equitably 
serves all Americans and communities of all sizes.
    If confirmed, I look forward to working closely with you 
all to achieve these urgent goals.
    I am confident that my lifetime of service at sea, my 
experience commanding major U.S. and international maritime 
operations, my background managing fiscal resources and 
requirements development for the surface force, and my recent 
experience crafting equitable climate resilience and coastal 
adaptation and protection strategies for Federal and maritime 
infrastructure in the Commonwealth of Virginia has prepared me 
to serve as Maritime Administrator.
    In closing, I thank the Committee for the opportunity to 
appear before you today and I welcome your questions.
    Thank you.
    [The prepared statement and biographical information of 
Admiral Phillips follow:]

    Prepared Statement of Ann C. Phillips, Rear Admiral, U.S. Navy 
            (Retired), Nominee to be Maritime Administrator
    Chair Cantwell, Ranking Member Wicker, and Members of the 
Committee, it is an honor to appear before you today as the nominee for 
the position of Maritime Administrator. I want to thank President Biden 
and Secretary Buttigieg for nominating me to fill this role, which is 
critical both to our economic and national security.
    I want to introduce my husband, Luis Boticario, Captain, U.S. Navy 
Retired, who is watching virtually. (and my brother, Dr. Jonathan 
Phillips, who is here today.)
    If I am honored enough to be confirmed, I pledge that I will work 
diligently to execute the duties and responsibilities of the Maritime 
Administrator, and to support Secretary Buttigieg and the extraordinary 
team at the Department of Transportation and the Maritime 
Administration as we work to strengthen our merchant marine, continue 
to strengthen the resilience of our supply chains, and implement a 
historic investment in our maritime infrastructure. I am committed to 
working closely with the members of this Committee and your colleagues 
to advance our Nation's maritime transportation and infrastructure 
goals. I know from my experience on the staff of the Chief of Naval 
Operations the critical work of Congressional Committees and how hard 
you work to meet the needs of your constituents and your communities. I 
also know how important it is to listen to and work with you and a 
broad range of stakeholders to find bipartisan solutions to the 
challenges we face.
    During my nearly 31 year naval career, I had the honor of holding 
Command at Sea three times--at each of the Ship, Destroyer Squadron, 
and Strike Group levels. As Commander, Expeditionary Strike Group TWO 
(ESG-2), I worked closely with the Military Sealift Command to ensure 
capacity and support for a host of related strategic response missions. 
As a result of my experiences in this assignment, I understand the 
critical role of our commercial merchant marine in providing the vital 
sealift on which our military relies--and I witnessed many of the 
challenges that confront our commercial fleet.
    Previously, I also served as Deputy Director and Director of 
Surface Warfare Division (N86). I managed the annual Fiscal Year 
Defense Plan submission for the Surface Force, which included ships, 
combat systems, weapons systems, and related training and 
infrastructure. I retired as a Rear Admiral in December of 2013.
    Most recently, for the past three years, I have served as the 
Special Assistant to Governor Ralph Northam for Coastal Adaptation and 
Protection in the Commonwealth of Virginia. Under my leadership, we 
developed and delivered the Commonwealth's first Virginia Coastal 
Resilience Master Plan, which sets forth strategies to protect our most 
critical and vulnerable coastal infrastructure from sea level rise and 
coastal flood hazards.
    Throughout my career, safety has been at the forefront of my 
mission. The foundational priority for USDOT will always be safety. 
Likewise, safety will be the ``north star'' for the Maritime 
Administration should I have the honor to be confirmed as Maritime 
Administrator.
    In addition, for the Maritime Administration, my priorities would 
be:

   Promoting a strong U.S. Merchant Marine and continuing the 
        recapitalization of the strategic sealift fleet, and continuing 
        support for a competitive, safe, and modern maritime industry 
        that is capable of meeting strategic sealift support 
        requirements and prepared to succeed in a contested 
        environment.

   Continuing the work initiated by the DOT and MARAD to 
        address the many challenges at the U.S. Merchant Marine 
        Academy, including implementing measures to support a safe and 
        inclusive learning and training environment both on campus and 
        at sea in which sexual assault and harassment are not 
        tolerated, advancing the ongoing effort to address the 
        Academy's many infrastructure challenges, and strengthening 
        MARAD's oversight of the Academy and supporting effective 
        governance, and tackling the many other issues enumerated in 
        the study recently released by the National Academy of Public 
        Administration.

   Third, support effective and speedy implementation of the 
        grant programs authorized under the Infrastructure Investment 
        and Jobs Act.

    As we continue to emerge from the pandemic, and aided by the 
Bipartisan Infrastructure Law, we have a once-in-a-generation 
opportunity to improve our maritime systems, supply chains, 
infrastructure and industry, and to ensure that it equitably serves all 
Americans--in communities of all sizes. If confirmed, I look forward to 
working closely with you all to achieve these urgent goals.
    I am confident that my lifetime of service at sea, my experience 
commanding major U.S. and international maritime operations, my 
background managing fiscal resources and requirements development for 
the Surface Force and my recent experience crafting equitable climate 
resilience and coastal adaptation and protection strategies for the 
Federal and maritime infrastructure of the Commonwealth of Virginia has 
prepared me to serve as Maritime Administrator.
    In closing, I thank the Committee for the opportunity to appear 
before you today and I welcome your questions.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used):

        Ann Claire Phillips
        Ann Claire Wasson (married name 1985-1987)

    2. Position to which nominated: Maritime Administrator
    3. Date of Nomination: October 21, 2021
    4. Address (List current place of residence and office addresses):

        Residence: Information not released to the public.
        Office: Office of the Governor of Virginia, 1111 East Broad 
        Street, Richmond, VA 23219

    5. Date and Place of Birth: June 8, 1961; Arlington, VA
    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: Luis Alejandro Boticario, Upper School Mathematics 
        Teacher. Norfolk Collegiate School, 7336 Granby Street, 
        Norfolk, VA 23505
        No Children

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

        B.A. in French, University of North Carolina, Chapel Hill, NC--
        May 1983

        Master Training Specialist Designation, U.S. Navy, 1993

        Diploma, Joint Distance Education Program, Naval War College, 
        Newport, RI, 1997

        Master of Business Administration, College of William & Mary, 
        Mason School of Business, Williamsburg, VA--August 2016

    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.
Related Managerial Experiences:
   Special Assistant to the Governor of Virginia for Coastal 
        Adaptation and Protection, October 2018 to present

   Self-Employed Consultant, 2015-2018
     Old Dominion University Research Foundation--Sea Level 
            Rise Pilot Planning Project--Infrastructure Working Group 
            Team Leader 2014-2016
     Southern Elizabeth River Watershed Study Co-Lead 2017-
            2018
     League of Conservation Voters, Virginia--Resilience 
            and strategic planning analysis/Hampton Roads region, 2017-
            2018

   Senior Associate Consultant, Burdeshaw Associates, LLC, 
        2014-2018

   Commander, Expeditionary Strike Group TWO, 2012-2013

   Chief of Naval Operations (CNO) Staff, Director/Deputy 
        Director, Surface Warfare Division (N86), 2009-2012

   Chief of Naval Operations Fellow--Strategic Studies Group 
        XXVIII, 2008-2009

   Commander, Destroyer Squadron TWO EIGHT, 2007-2008

   Executive Assistant to Commander, SIXTH Fleet/Joint Command 
        Lisbon/Strike Force NATO/NATO Response Force, 2004-2006

   Commanding Officer, USS MUSTIN (DDG 89), 2001-2004
Related Non-managerial Experiences:
   Chief of Naval Operations Staff, Surface Warfare Division 
        (N86), Requirements Officer DD 21 Program, 1999-2001

   Executive Officer, USS KINKAID (DD 965), 1998-1999

   Flag Secretary, Commander Cruiser Destroyer Group THREE/CARL 
        VINSON Task Group, 1995-1998

   Surface Warfare School, Department Head Instructor, 1993-
        1995

   Operations Officer, USS SAN JOSE (AFS 7), 1990-1993

   Chief Engineer USS CAPE COD (AD 43), 1988-1990

   Navigator USS JASON (AR 8), 1986-1988

   Assistant Damage Control Assistant, and First Division 
        Officer USS LEXINGTON (AVT 16), 1984-1986

   Surface Warfare Officers School, 1983-1984

    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.
   Transportation Research Board, Transportation Resilience 
        Metrics Study, National Academy of Science Engineering and 
        Medicine, Appointed Study Board Member, 2020-2021

   Joint Commission on Science and Technology Coastal Weather 
        Impact Study, Commonwealth of Virginia, Appointed Study Board 
        Member, 2020-2021

   City of Norfolk Mayor's Climate Change Commission, Appointed 
        Member, 2018-2019

   Military Economic Development Advisory Committee, Norfolk 
        Virginia, Appointed Committee Member, 2018-2018

    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.
   Member, Board of Directors, The Council on Strategic Risks, 
        Washington, DC, 2018 to present

   Member, Advisory Board, The Center for Climate and Security, 
        Washington, DC, 2017 to present

   Member, Global Military Advisory Committee/Climate Change, 
        The Hague, NL, 2018 to present

   Member, Board of Directors, LEAD Virginia, Richmond, VA, 
        2017 to present

   Member, Board of Directors, WHRO, Inc., Norfolk, VA, 2017 to 
        present

   Member, Board of Directors, Wetlands Watch, Norfolk, VA, 
        2018-2018

   Member, Board of Directors, University of North Carolina, 
        NROTC Alumni Association, 2018-2020

   Member, Board of Directors, Coastal Resiliency, Inc, (RISE), 
        Norfolk, VA, 2017-2018

   Member, Board of Directors, American Resilience Project, 
        Worcester, MA, 2017-2018

   Member, Board of Directors, CIVIC Leadership Institute, 
        Norfolk, VA, 2016-2018

   Member, Board of Directors, Norfolk Police Foundation, 2015-
        2018

   Member, Board of Directors, Hampton Roads Naval Historical 
        Foundation, Norfolk, VA, 2014-2018 (Board Vice President, 2017-
        2018)

    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, Beta Gamma Sigma, MBA Honor Society, 2016 to present

   Member, Surface Navy Association, Alexandria, VA, 1989 to 
        present

   Member, University North Carolina Alumni Association, Chapel 
        Hill, NC, 1983 to present

   Member, University of North Carolina, NROTC Alumni 
        Association, 1983 to present

   Member, Military Officers Association of America, 2014 to 
        present

   Member, The Flag and General Officer's Network, 2014 to 
        present

   Member, Mission: Readiness, 2014 to present

   Member, CIVIC Leadership Institute, Norfolk, VA, 2016 to 
        present

   Hampton Roads Rowing Club, Norfolk VA, 2018 to present

   Member, American Shore and Beach Protection Assn, 2018 to 
        present

   Member, Association of Sustainability and Adaptation 
        Professionals, 2020 to present

   Member, Town Point Club, Norfolk VA, 2015-2018

    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 have never been a candidate for or held public office.
    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 never served in a paid or unpaid, formal or advisory 
position for any political campaign.
    15. Itemize all political contributions to any individual, campaign 
organization, political party, political action committee, or similar 
entity of $500 or more for the past ten years.
    See Attachment B for a list of contributions responsive to this 
request. All entries in the attachment are the result of electronic 
searches (example: FEC.gov) and reflect my best recollection. Should 
any additional contributions be identified, I will promptly inform the 
Committee.
    16. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements.

   Virginia Water Environment Association (VWEA) Stormwater 
        Splash Award, 2021

   Beta Gamma Sigma, 2016

   UNC NROTC Distinguished Alumni Award, 2014

   Coronado CA Soroptimist Woman of Distinction, 2003

   Naval Service, 1983-2013:

     Surface Warfare Officer Insignia

     Command at Sea Insignia

     Legion of Merit (3 awards)

     Defense Superior Service Medal

     Meritorious Service Medal (4)

     Navy Commendation Medal (4)

     Navy Marine Corps Achievement Medal (2)

     Navy Battle ``E'' Ribbon (2)

     NATO Medal--Pakistan

     Various other unit and campaign awards

    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 Attachment C for the most current list of publications--
to the best of my knowledge. If additional publications are identified 
following the submission of the questionnaire, I will promptly inform 
the Committee.
Speeches
    Please see Attachment D for the most current list of speeches and 
non-congressional hearings I have been able to compile, to the best of 
my knowledge. If additional speeches or remarks are identified 
following the submission of this questionnaire, I will promptly inform 
the Committee.
    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: https://www.linkedin.com/in/ann-phillips-92449176/

   Facebook: https://www.facebook.com/ann.c.phillips.73

   Twitter: https://twitter.com/Ladyswo89

    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.
    Please see Attachment E for the most current list of congressional 
hearings in which I have testified.
    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?
    Having devoted a significant part of my life to the sea services, 
and now, to building coastal and climate resilience, I understand the 
need for and am deeply committed to the development of a strong 
strategic sealift capacity and supporting infrastructure, including 
equitable economic and workforce development, training and capacity for 
the U.S. Flag maritime industry. I am also deeply committed to 
strengthening and invigorating the U.S. Merchant Marine Academy to 
ensure the future leadership of the U.S. maritime industry. My 31 years 
of service in the U.S. Navy, combined with my recent and ongoing 
experience in state government and academe, makes me well-suited to 
execute the full portfolio of duties and responsibilities required of 
the Maritime Administrator.
    For the past three years, I have served as the Special Assistant to 
Governor Ralph Northam for Coastal Adaptation and Protection in the 
Commonwealth of Virginia--the primary point of contact for coastal 
adaptation and flooding mitigation across Virginia, including the Port 
of Virginia, and substantial critical Federal and Department of 
Defense--largely maritime related--infrastructure. Later this year, we 
will deliver the Commonwealth's first Coastal Resilience Master Plan, 
to chart a course to adapt and protect our most critical coastal 
infrastructure, all of which, as described above, is exceedingly 
vulnerable to multiple climate-related hazards, including sea level 
rise, recurrent flooding, and coastal storms and hurricanes.
    During my naval career, I was fortunate to hold Command at Sea 
three times, at the Ship, Destroyer Squadron, and Strike Group level. 
As Commander, Expeditionary Strike Group TWO (ESG-2), I provided 
strategic and operational leadership and management of 26 assigned 
subordinate ships, squadrons, and units--over 15,000 in manpower, and 
$20B in capital assets. During that tour, I worked closely with the 
Military Sealift Command as a part of the ESG Mission set to ensure 
capacity and support for strategic sealift offload and backload, Joint 
Logistics Over The Shore (JLOTS) deployment, Defense Support to Civil 
Authorities and Humanitarian Assistance and Disaster Response missions. 
Prior to that, as Deputy Director and Director of Surface Warfare 
Division (N86), I managed the annual Fiscal Year Defense Plan 
submission for the Surface Force, with a 5-year average budget of $48B, 
which included ships, combat systems, weapons systems, and related 
training and infrastructure.
    I am honored to be nominated by President Biden to serve as a part 
of Secretary Pete Buttigieg's leadership team within USDOT. I believe 
that my lifetime of service at sea, my experience commanding major U.S. 
and international maritime operations and my background managing fiscal 
resources and requirements development for the Surface Force, coupled 
with my recent experience focused on building equitable climate 
resilience and coastal adaptation and protection strategies for the 
critical Federal and maritime infrastructure of the Commonwealth of 
Virginia, has prepared me, if confirmed, to serve as Maritime 
Administrator.
    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 Maritime Administrator oversees and maintains the functions of 
the Maritime Administration as it ensures the functionality of U.S. 
waterborne transportation and the viability of the U.S. Merchant Marine 
and U.S. Merchant Marine Academy. As a lifelong leader, public servant, 
and steward of taxpayer dollars, as described above, I am familiar with 
and understand the process to build and oversee substantial budgets, 
and the need for strict accountability, auditable financial practices 
and controls, as well as with the complex challenges and 
responsibilities of developing and maintaining a diverse, skilled 
workforce, and ensuring sound legal procedures in a multifaceted and 
demanding political environment.
    22. What do you believe to be the top three challenges facing the 
department/agency, and why?
    The top challenge for USDOT will always be safety. Likewise, 
safety, as the ``north star'' for the Maritime Administration will 
continue under my leadership, should I have the honor to be confirmed 
as Maritime Administrator. In addition, for the Maritime 
Administration, the need to first, promote a strong and functional U.S. 
Merchant Marine and a recapitalized strategic sealift fleet, sized, 
manned, and trained to meet the growing marine transportation system 
needs for commerce, supply chain and economic development, for a 
competitive, safe, and modern maritime industry, as well as meet 
wartime strategic sealift support requirements.
    Second, build the U.S. Merchant Marine Academy into a world-class 
leader and institution in maritime education, research, technology, and 
best marine resource and leadership and management practices--all while 
ensuring the Academy provides a safe learning and training environment.
    Third, ensure the institutional and functional resilience, safety, 
and sustainability of the U.S. Maritime industry--as critical national 
security infrastructure--to natural and man-made hazards.
                   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 Parts 2 and 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. If I am confirmed, I will resign my position with the 
Commonwealth of Virginia as described in 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.
    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.
    In the last three years as Special Assistant to the Governor of 
Virginia for Coastal Adaptation and Protection, I have been involved in 
legislative and public policy issues at the local, regional, and 
Commonwealth level on behalf of my duties for the Governor and for the 
gubernatorial administration.
                            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. I have never been disciplined or cited for a breach of ethics, 
professional misconduct, or retaliation, or been the subject of a 
complaint as described.
    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?
    No. I have never been investigated, arrested, charged, or held by 
any Federal, State, or other law enforcement authority of any Federal, 
State, country, or municipal entity for any reason.
    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?
    No, I have never been involved in any administrative agency or 
criminal proceeding as described in Question 3 above.
    4. Have you ever been convicted (including pleas of guilty or nolo 
contendere) of any criminal violation other than a minor traffic 
offense?
    No, I have never been convicted of any criminal offense.
    If so, please explain. N/A
    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, I have never been accused, formally or informally, of sexual 
harassment or discrimination on the basis of sex, race, religion, or 
any other basis.
    6. Please advise the Committee of any additional information, 
favorable or unfavorable, which you feel should be disclosed in 
connection with your nomination.
    In July 2016 I was a victim of identity theft, achieved through 
fraudulent access to my bank account. Fraudulent accounts were opened 
in my name and may appear on historic credit reports. I filed a report 
of this criminal activity with the Norfolk, Virginia Police Department 
in July 2016. Due to related fraudulent activity involving active duty 
and retired Naval service members, the Naval Criminal Investigative 
Service conducted an investigation into the reported criminal activity. 
I do not know the final disposition of that investigation.

    On October 15th, 2012, I was appointed by U.S. Fleet Forces Command 
(USFFC) as the Investigating Officer, directed to conduct a Judge 
Advocate General Manual Investigation (JAGMAN), into the circumstances 
surrounding a collision between the USS SAN JACINTO (CG 56) and USS 
MONTPELIER (SSN 765). The investigation concluded on December 18, 2012, 
and was forwarded to USFFC for review and disposition. The 
Investigation was released under a FOIA request in June 2014.
https://media.defense.gov/2020/Jun/06/2002311740/-1/-1/1/MONTPELIER-
SANJACINTO-INVRESRPT.PDF

    On December 13th, 2012, a Sailor aboard USS CARTER HALL (LSD 50), a 
subordinate command to Expeditionary Strike Group TWO, fell in the well 
deck of the ship during routine operations at sea, and subsequently 
died from his injuries. A JAGMAN Investigation was conducted by the 
Commander, Amphibious Squadron 4. ESG TWO reviewed, addressed 
recommended corrective and disciplinary actions and forwarded to USFFC 
for final review.
https://www.kpbs.org/news/2012/dec/13/sailor-killed-fall-uss-carter-
hall/

    On August 21, 2012, a tug and barge from Amphibious Construction 
Battalion TWO, an ESG TWO Subordinate Command, narrowly avoided a 
collision with the inbound container vessel APL OMAN, causing the OMAN 
to drop anchor in the vicinity of the Thimble Shoals Tunnel of the 
Chesapeake Bay Bridge Tunnel. The Coast Guard conducted a safety 
investigation, and ESG 2 Staff conducted a JAGMAN investigation, 
recommended and implemented corrective and disciplinary actions, and 
forwarded to USFFC for final review.
https://www.dailypress.com/business/dp-xpm-20120822-2012-08-22-dp-port-
near-miss-20120822-story.html
                     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.
                                 ______
                                 
                Attachment A--Resume of Ann C. Phillips

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                 Attachment B--Political Contributions

------------------------------------------------------------------------
 
------------------------------------------------------------------------
08/30/2017            Dave Belote                                $800.00
09/20/2018            Elaine Luria                               $500.00
02/05/2018            Elaine Luria                               $500.00
09/20/2018            Elaine Luria                               $500.00
2/5/2018              Michael Franken                            $500.00
6/2/2020              Michael Franken                            $500.00
9/2/2020              Elaine Luria                             $1,000.00
9/2/2020              Joe Biden                                  $500.00
10/29/2020            Elaine Luria                               $500.00
6/6/2021              Andria McClellan                           $500.00
------------------------------------------------------------------------

                       Attachment C--Publications
Journal Articles
   Surface Warfare Magazine, Winter 2012, Director's Letter 
        https://issuu.com/comnavsurfpac/docs/
        surfacewarfare_win2012_singlepgs

   Second author, A Coastal Resilience Case Study: The Little 
        Creek/Pretty Lake Communities of Hampton Roads, Shore and Beach 
        Journal, Winter 2016 Edition. Resilient Virginia Newsletter, 
        March 2018.

   Sea Level Rise Preparedness: An Intergovernmental Pilot 
        Project as a Blueprint for Community Resiliency. https://
        mailchi.mp/resilientvirginia/resilient-virginia-news-march-
        2018?e=7cc09418b7#news2
Editorials
   Virginian Pilot, Oct 22, 2017. The Hampton Roads Region Must 
        Fight Climate Change to Protect Health and Security. With 
        Deborah Brown, VP American Lung Association, Mid-Atlantic. 
        https://www.pilotonline.com/opinion/columns/article_956fec9c-
        69ee-579e-a430-90c093fe1fc8.html

   Virginian Pilot, March 13, 2021. Women Veterans ``Lead The 
        Way'' in Virginia, with CAPT Kathleen Jabs, USNR (Ret), 
        Secretary of Veteran's and Defense Affairs, Commonwealth of 
        Virginia. https://www.pilotonline.com/opinion/columns/vp-ed-
        column-phillips-jabs-0314_0920210313-
        aqljapcktndclfij7p7prypn4y-story.html

   Sea Technology Magazine Editorial; National Security Depends 
        on Climate Change Preparation--Published Spring 2018.
Publication Documents
   Hampton Roads Sea Level Rise Preparedness and Resilience 
        Intergovernmental Pilot Planning Project (IPP) Report. Old 
        Dominion University--2014-2016. Infrastructure Working Group 
        Chair and Contributing Author. Published October, 2016. https:/
        /digitalcommons.odu.edu/hripp_reports/2/

   Military Expert Panel Report: Sea Level Rise and the U.S. 
        Military's Mission, 2nd Edition, The Center for Climate and 
        Security, Military Expert Panelist, full report, February 2018. 
        Panel Signatory.

   The CSAG Roadmap and Recommendations for the U.S. 
        Government, ``A Responsibility to Prepare: Strengthening 
        National and Homeland Security in the Face of a Changing 
        Climate,'' The Climate and Security Advisory Group, full 
        report, 26 February 2018. Signatory and event panelist.

   Lead Author, Virginia Coastal Resilience Master Planning 
        Framework--Virginia's first planning process document--setting 
        the course for the future of Virginia's coastal adaptation and 
        protection--released October 22, 2020. https://
        www.governor.virginia.gov/ media/governorvirginiagov/governor-
        of-virginia/pdf/Virginia-Coastal-Resilience-Master-Planning-
        Framework-October-2020.pdf

   The Impact of Climate Change on Virginia's Coastal Areas. 
        Virginia Academy of Science Engineering and Medicine, June 
        2021. Report Directed by the 2020 Virginia General Assembly 
        House and Senate Joint Resolution 47, to be conducted by the 
        Joint Committee on Technology and Science. Study Board Member.

   Investing in Transportation Resilience: A Framework for 
        Informed Choices. Consensus Study report, National Academies of 
        Science Engineering and Medicine, Transportation Research 
        Board. Committee on Transportation Resilience Metrics. The 
        National Academies Press, Washington DC.

   August 5, 2021. Committee Member.
Film/Documentary appearances
   American Resilience Project Production, Tidewater, a film 
        about climate impact on national security in Hampton Roads. 
        https://www.amresproject.org/tidewater-film). Filmed October, 
        2016, first showing, March 20, 2017.

   WGBH NOVA, Decoding The Weather Machine, a 2 hour 
        documentary about the science and impacts of climate change. 
        Aired April 18, 2018. http://www.pbs.org/wgbh/nova/earth/
        decoding-weather-machine.html

   WHRO Production: She's Coming Home, documenting the journeys 
        of three women veterans as they leave military service. Aired 
        March, 2019

                  Attachment D--Speeches, Presentations
------------------------------------------------------------------------
                   Type of
     Date        Presentation     Presented to            Topic
------------------------------------------------------------------------
31 Aug 21      Web/Panel        Global Alliance  Building Coastal
                                 of Disaster      Resilience in
                                 Resilience       Virginia, Connecting
                                 Institutes       Research to Need
------------------------------------------------------------------------
25 Aug 21      Web/Panel        Resilient        Coastal Resilience,
                                 Virginia         Building Strategies
                                                  for Virginia
------------------------------------------------------------------------
19 Aug 21      Web/Public       Northern VA      Virginia Coastal Master
               Meeting           Regional         Plan Impact Assessment/
                                 Commission/      Public Input
                                 Public
------------------------------------------------------------------------
11 Aug 21      Public Meeting/  Eastern Shore    Virginia Coastal Master
                Presentation     Planning         Plan Impact Assessment/
                                 District         Public Input
                                 Public Meeting
------------------------------------------------------------------------
5 Aug 21       Public Meeting   Hampton Roads    Virginia Coastal Master
                                 PDC              Plan Impact Assessment/
                                                  Public Input
------------------------------------------------------------------------
4 Aug 21       Public Meeting   Northern Neck    Virginia Coastal Master
                                 PDC              Plan Impact Assessment/
                                                  Public Input
------------------------------------------------------------------------
3 Aug 21       Public Meeting   Middle           Virginia Coastal Master
                                 Peninsula PDC    Plan Impact Assessment/
                                                  Public Input
------------------------------------------------------------------------
2 Aug 21       Public Meeting   Crater PDC       Virginia Coastal Master
                                                  Plan Impact Assessment/
                                                  Public Input
------------------------------------------------------------------------
28 Jul 21      Public Meeting   Richmond PDC     Virginia Coastal Master
                                                  Plan Impact Assessment/
                                                  Public Input
------------------------------------------------------------------------
27 Jul 21      Public Meeting   George           Virginia Coastal Master
                                 Washington PDC   Plan Impact Assessment/
                                                  Public Input
------------------------------------------------------------------------
19 Jul 21      Web/             VA02 Chesapeake  Update, Virginia
                Presentation     Bay WG           Coastal Resilience
                                                  Master Plan
------------------------------------------------------------------------
15 Jul 21      Web/             Emergency        Virginia Coastal
                Presentation     Manages of       Resilience
                                 Central Va
------------------------------------------------------------------------
28 June 21     Web/panel        RAND/USCA        Building Urgency for
                                                  Coastal resilience in
                                                  Virginia
------------------------------------------------------------------------
25 June 21     Web              Lambda Alpha of  Coastal Adaptation and
                Presentation     Northern         Protection in Virginia
                                 Virginia
------------------------------------------------------------------------
24 June 21     Web/Panel/       Jackson Hole     What's the Worst that
                Presentation     Global Forum     Can Happen, Avoiding
                                 on Climate       the Unmanageable
                                 Change and
                                 National
                                 Security
------------------------------------------------------------------------
23 June 21     Web/Fireside     Virginia Women   Fireside Chat with
                Chat             Veteran's        Congresswoman Elaine
                                 Summit           Luria, Leadership and
                                                  Mentoring
------------------------------------------------------------------------
17 June 21     Presentation/    LEAD Virginia    Coastal Resilience in
                Panel                             Virginia
------------------------------------------------------------------------
25 May 21      Web/Panel        NASEM/reactive   Coastal resilience and
                                 and Proactive    Data use for Decision
                                 Local Actions    Makers in Virginia
                                 and Data
                                 Translation
------------------------------------------------------------------------
20 May 21      Web              HRPDC Board and  Coastal Resilience
                Presentation     Regional         Master Plan and
                                 Legislators      Process
------------------------------------------------------------------------
13 May 21      Web/panel        LEAD 757         Coastal Resilience
                                                  Master Planning in
                                                  Virginia/
                                                  Infrastructure Day
------------------------------------------------------------------------
11 May 21      Web/             Virginia         Coastal Adaptation and
                Presentation/    Conservation     Protection in
                panel            Network          Virginia, rainfall
                                                  impacts, resilience
                                                  for coastal and non-
                                                  coastal communities
------------------------------------------------------------------------
7 May 21       Web/panel/       The Center for   Building Climate
                Presentation     Climate and      Resilience at Home--
                                 Security/EESI    Preparing for and
                                                  Preventing the
                                                  Security Impacts of
                                                  Climate Change
------------------------------------------------------------------------
14 April 21    Web/             Virginia         Virginia Coastal
                Presentation     Eastern Shore    resilience Master Plan
                                 Conservation     and Strategies
                                 Alliance
------------------------------------------------------------------------
9 March 21     Web/             EPA/VA Tribes    Coastal Resilience
                Presentation     RTOC             Master Plan and
                                                  Community Flood Fund
------------------------------------------------------------------------
18 Feb 21      Web/             CIVIC Hampton    Coastal resilience in
                Presentation     Roads            Virginia, Building a
                                                  Master Plan
------------------------------------------------------------------------
14 Feb 21      Web/Panel        Richmond VA Env  Tidewater (Movie)
                                 Film Festival    Commentary
------------------------------------------------------------------------
26 Jan 21      Web/Panel        SE and           What does it take to be
                Presentation     Caribbean        resilient?
                                 Disaster
                                 Resilience
                                 Partnership
------------------------------------------------------------------------
19 Jan 21      Web              GWRC Env         Advancing Community
                Presentation     Managers         resilience
                                 Meeting
------------------------------------------------------------------------
14 Jan 21      Web/             Preservation     Coastal and Historic
                Presentation     Virginia         resilience in Virginia
------------------------------------------------------------------------
13 Jan 21      Web              Coastal at VT    Coastal Master Plan
                Presentation                      Framework in Virginia
------------------------------------------------------------------------
12 Jan 21      Web/             Climate Action   Coastal Master Plan
                Presentation     Working group    Framework and Coastal
                                 Eastern Shore    resilience
------------------------------------------------------------------------
8 Jan 21       Web Panel        Navy War         National Security
                Presentation     College Forum    Significance of a
                                                  Changing Climate: Risk
                                                  and Resilience in the
                                                  21st Century
------------------------------------------------------------------------
7 Jan 21       Web/             Chesapeake Bay   Virginia Coastal Master
                Presentation     Commission       Planning Framework
------------------------------------------------------------------------
21 Dec 20      Web              Va General Assy  Virginia Coastal
                Presentation     Joint            Resilience Master
                                 Subcommittee     Planning Framework
                                 on Coastal
                                 Flooding
------------------------------------------------------------------------
16 Dec 20      Web              NCSL             NCSL; Webinar Title:
                Presentation/                     Designed for Disaster:
                Panel                             The Impact of State
                                                  and Federal Policies
                                                  on Military
                                                  Installation
                                                  resilience
------------------------------------------------------------------------
10 Dec 20      Web              Virginia         Virginia Coastal
                Presentation     Maritime Assn    resilience/Port
                                 Young Leaders    Infrastructure
                                 Class            Resilience
------------------------------------------------------------------------
9 Dec 20       Web              HR EDA           Virginia Coastal
                Presentation                      Resilience Master
                                                  Planning Framework
------------------------------------------------------------------------
8 Dec 20       Web              HRPDC Coastal    Virginia Coastal
                Presentation     Resilience       Resilience Master
                                 Subcommittee     Planning Framework
------------------------------------------------------------------------
2 Dec 20       Web              HRPDC Chief      Virginia Coastal
                Presentation     Administrative   Resilience Master
                                 Officers         Planning Framework
------------------------------------------------------------------------
2 Dec 20       Web              Center for       Virginia Coastal
                Presentation     Climate and      Resilience Master
                                 Security         Planning Framework
------------------------------------------------------------------------
20 Nov 20      Web              Wetlands Watch   Virginia Coastal
                Presentation     Lunch and        Resilience Master
                                 Learn            Planning Framework
------------------------------------------------------------------------
19 Nov 20      Presentation     Virginia Sec of  Virginia Coastal
                                 Vet and Def      Resilience Master
                                 Affairs          Planning Framework
                                 Military
                                 Advisory
                                 Committee
------------------------------------------------------------------------
13 Nov 20      Web              Virginia Env     Virginia Coastal
                Presentation     Community        Resilience Master
                                                  Planning Framework
------------------------------------------------------------------------
4 Nov 20       Web              HRPDC Board      Virginia Coastal
                Presentation                      Resilience Master
                                                  Planning Framework
------------------------------------------------------------------------
4 Nov 20       Web              Joint            Virginia Coastal
                Presentation     Subcommittee     Resilience Master
                                 on Flooding      Planning Framework/
                                                  Update on 2020
                                                  Legislation/DEQ/DCR/
                                                  VMRC
------------------------------------------------------------------------
2 Nov 20       Web              Virginia Assn    Virginia Coastal
                Presentation     of Floodplain    Resilience Master
                                 Managers         Planning Framework
------------------------------------------------------------------------
29 Oct 20      Web              NC SE Regional   Engaging at the
                Presentation/    PASS             Federal, State and
                Panel                             Local Level on
                                                  Resilience
------------------------------------------------------------------------
21 Oct 20      Web/             Virginia         Virginia Coastal
                Presentation     Coastal Policy   Resilience Master
                                 Center at W&M    Planning Framework
------------------------------------------------------------------------
15 Oct 20      Web/             ASBPA, NOAA      The Role of Coastal
                Presentation                      resilience in the UN
                                                  Decade of Ocean
                                                  Science
------------------------------------------------------------------------
05 Oct 20      Blog/Article     The Center for   Interview with Rear
                                 Climate and      Admiral Ann Phillips
                                 Security         on Climate and
                                                  Security: ``You're the
                                                  Future. No Pressure!''
------------------------------------------------------------------------
28 Sep 20      Web Testimony    VA DHCD          Testimony in support of
                                 Building Code    the board voting to
                                 Board Meeting    adopt stricter
                                                  building codes in VA
                                                  (2 mins)
------------------------------------------------------------------------
21 Sep 20      Web              VA Water         Coastal Adaptation and
                Presentation     Monitoring       Protection in Virginia
                                 Conference
                                 keynote
------------------------------------------------------------------------
16 Sep 20      Web              Riley Center,    The Challenges of
                Presentation/    Charleston SC    Financing Resilience
                Panel
------------------------------------------------------------------------
21 Aug 20      Web panel        Resilient        Coastal Adaptation in
                                 Virginia         Virginia
------------------------------------------------------------------------
7 July 20      Web Panel        Richmond Fed     Climate Change Risk in
                                 Reserve Bank     Virginia
------------------------------------------------------------------------
29 Mar 20      Presentation     Virginia Lakes   Keynote: Coastal
                                 and Watershed    Adaptation and
                                 Assn             Protection in Virginia
------------------------------------------------------------------------
9 Mar 20       Presentation     DCR Flood        Brief remarks, Flood
                                 Awareness Week   resilience in Virginia
                                 Kickoff
------------------------------------------------------------------------
3 Mar 20       Presentation     HE Assn of       Coastal Adaptation and
                                 Commercial       Protection in Va, the
                                 Real Estate      Need for Action
                                 Past Pres
                                 Council
------------------------------------------------------------------------
28 Feb 20      Speaker          Chesterfield     Ribbon Cutting w Gov
                                 Heights/NDRC     Northam and Mayor
                                 Grant Project    Alexander, Brief
                                 KickOff          remarks about the
                                                  Project
------------------------------------------------------------------------
13 Feb 20      Testimony        Senate Special   Testimony on the Impact
                                 Committee on     to Federal and DOD
                                 the Climate      Facilities in Virginia
                                 Crisis
------------------------------------------------------------------------
24 Jan 20      Panel            Virginia Bar     Coastal Adaptation in
                Presentation     Assn Annual      Virginia
                                 Conf
------------------------------------------------------------------------
22 Jan 20      Opening Panel    VCPC/ANPDC       Funding strategies for
                Presentation     Eastern Shore    Coastal Adaptation in
                                                  Virginia
------------------------------------------------------------------------
9 Jan 20       Presentation     Hampton Roads    Coastal Adaptation and
                                 realtors Assn    Protection in
                                                  Virginia, Flood
                                                  Disclosure needs
------------------------------------------------------------------------
10 Dec 19      Presentation     Virginia Beach   Coastal Adaptation in
                                 Vision           Virginia
------------------------------------------------------------------------
21 Nov 19      Presentation/    VAGHC            Coastal Adaptation in
                Panel            Conference       Virginia
                moderator
------------------------------------------------------------------------
19 Nov 19      Testimony        House T&I WRDA   Coastal Adaptation
                                 Subcommittee     needs in Virginia
------------------------------------------------------------------------
14 Nov 19      Opening remarks  VCPC Annual      Coastal Adaptation in
                                 Conference       Virginia, Funding,
                                                  partnerships, Planning
------------------------------------------------------------------------
8 Nov 19       Presentation/    Virginia         Coastal Adaptation in
                Panelist         Wesleyan/        Virginia, the Next
                                 Generations      Generation
                                 Uniting to
                                 Address
                                 Climate Change
------------------------------------------------------------------------
7 Nov 19       Panelist         CIVIC Hampton    Sea Level rise and
                                 Roads            Coastal resilience
------------------------------------------------------------------------
30 Oct 19      Presentation/    Energy           Coastal resilience
                Panel            Foundation       needs in Virginia
                                 Annual meeting
                                 Richmond
------------------------------------------------------------------------
25 Oct 2019    Presentation     Science Museum   Communicating about
                                 of Va/YALE       Coastal Adaptation
                                 Communication
                                 Workshop
------------------------------------------------------------------------
24 Oct 19      Panel            AIA Annual       Coastal Adaptation and
                                 Conference VB    Protection in Hampton
                                                  Roads
------------------------------------------------------------------------
15 Oct 19      Panel/           Western Ports    Port Infrastructure
                Presentation     Conference/      resilience/Coastal
                                 Hampton Roads    Adaptation needs
------------------------------------------------------------------------
10 Oct 19      Presentation     Floodplain       Coastal Adaptation and
                                 Managers Assn    Protection in Virginia
                                 of VA
------------------------------------------------------------------------
27 Sep 19      Panel            VB Business      The Need for Coastal
                                 Council          Adaptation and
                                                  Protection in Virginia
------------------------------------------------------------------------
25 Sep 19      Testimony        House T&I        Coastal Resilience and
                                 Subcommittee     Port Infrastructure
                                 USCG and Port
                                 Infrastructure
------------------------------------------------------------------------
24 Sep 19      Panel            Climate and      Climate Impact on
                                 Security Forum   National Security
                                                  infrastructure
------------------------------------------------------------------------
10 Sept 19     Keynote          VWEA             Coastal Adaptation and
                Presentation     Conference,      Protection in Virginia
                                 Water Jam
------------------------------------------------------------------------
19 Aug 19      Presentation     Virginia GA      Coastal Adaptation and
                                 Joint Flooding   Protection Update
                                 Subcommittee
------------------------------------------------------------------------
25 Jul 19      Presentation/    PDC Annual       Coastal Adaptation and
                Panel            Conference       Protection in Virginia
------------------------------------------------------------------------
24 Jul 19      Testimony        House Budget     Coastal Adaptation and
                                 Committee        Protection Needs in
                                                  Virginia
------------------------------------------------------------------------
12 July 19     Presentation     HR Adaptation    Coastal Adaptation and
                                 Forum            Protection
------------------------------------------------------------------------
8 Jul 19       Comments         House Select     Virginia Actions,
                                 Committee on     Coastal Adaptation and
                                 the Climate      Protection
                                 Crisis Visit
                                 to Hampton
                                 Roads
------------------------------------------------------------------------
20 Jun 19      Presentation     Hampton Roads    Coastal Adaptation and
                                 Kiwanis          Protection
------------------------------------------------------------------------
12 Jun 19      Presentation     Virginia Sea     Coastal Adaptation and
                                 Grant Forum      Protection in Virginia
------------------------------------------------------------------------
24 Jun 19      Presentations/   Everlab, NOLA    Coastal Adaptation for
                Panels                            Coastal Virginia
                                                  Communities/
                                                  Commonwealth Actions
------------------------------------------------------------------------
31 May 19      Comments         Senator Kaine    Commonwealth Actions on
                                 Coastal          Coastal Adaptation
                                 Adaptation
                                 Forum CBF VB
------------------------------------------------------------------------
19 May 19      Presentation     VA League of     Coastal Adaptation and
                                 Women Voters     Protection in Virginia
------------------------------------------------------------------------
16 May 19      Presentation     APWRX Virginia   Coastal Adaptation and
                                 Conference       Protection in Virginia
------------------------------------------------------------------------
15 May 19      Presentation     Virginia         Coastal Adaptation and
                                 Maritime Assn    Protection in Virginia
------------------------------------------------------------------------
11 May 19      Keynote          UNC NROTC        Commissioning remarks/
                                 Graduation       Leadership
------------------------------------------------------------------------
6 May 19       Keynote          Keeping History  History of the
                                 Above Water St   Challenges of Coastal
                                 Augustine FLA    Adaptation and
                                                  Protection in Virginia
------------------------------------------------------------------------
3 May 19       Presentation     VCPC Resilience  Opening remarks
                                 Funding Forum
------------------------------------------------------------------------
01 May 19      remarks          RAFT/VDOT        Coastal Adaptation and
                                 Eastern Shore    Protection in Virginia
                                 meeting
------------------------------------------------------------------------
26 Apr 19      Panel            Norfolk          Remarks on Leadership/
                                 International    Experiences
                                 Tattoo Women
                                 in the
                                 Military
------------------------------------------------------------------------
23 Apr 19      Panel            GT CLIVAR        Coastal Adaptation and
                                 Norfolk          Protection in Virginia
------------------------------------------------------------------------
19 Apr 19      Presentation     Del Convirs      Coastal Adaptation and
                                 Fowler Town      Protection in Virginia
                                 Hall
------------------------------------------------------------------------
15 April 19    Presentation     NNPDC Board      Coastal Adaptation and
                                 Meeting          Protection in Virginia
------------------------------------------------------------------------
12 Apr 19      Presentation     HRPDC Elected    Coastal Adaptation and
                                 Subcommittee     Protection in Virginia
                                 on Flooding
------------------------------------------------------------------------
4 April 19     Presentation     Ghent Norfolk    Coastal Adaptation and
                                 VA Business      Protection in Virginia
                                 Assn
------------------------------------------------------------------------
29 Mar 19      Presentation     The Hoover       Coastal Adaptation and
                panel            Institution      Protection
                                                  Infrastructure
                                                  resilience in Virginia
------------------------------------------------------------------------
26 Mar 19      Radio Talk Show  Hear Say with    Coastal Adaptation and
                                 Cathy Lewis      Protection in Virginia
------------------------------------------------------------------------
21 Mar 19      Keynote          Governor's       Leadership/Veteran's
                                 Women            Experiences
                                 Veteran's
                                 Lunch
------------------------------------------------------------------------
11 Mar 19      Presentation     Coastal PDC      Coastal Adaptation and
                                 Director's       Protection in Virginia
                                 meeting
------------------------------------------------------------------------
7 Mar 19       Presentation/    HRSP Meeting     Coastal Adaptation and
                panel            NOAA             Protection in Virginia/
                                 Washington DC    Science needs
------------------------------------------------------------------------
6 Mar 19       Presentation/    ASCE Conference  Coastal Adaptation and
                Key note         NN Va            Protection in Virginia
------------------------------------------------------------------------
1 Mar 19       Presentation/    EESI/CCS         Coastal Adaptation and
                panel            Defense          Protection in Virginia/
                                 Communities      National Security
                                                  Risks
------------------------------------------------------------------------
27 Feb 19      Presentation     UNiv of          Coastal Adaptation and
                                 Richmond         Protection in Virginia
                                 lecture
------------------------------------------------------------------------
18-19 Feb 19   Panelist/        The Planetary    Climate Impact on
                Presenter        Security         National Security
                                 Conference
                                 2019, The
                                 Hague
------------------------------------------------------------------------
1 Feb 19       Panelist/        The Hoover       Building Climate
                Presenter        Institution      resilience for greater
                                 Stanford Woods   U.S. Security
                                 Center DC
------------------------------------------------------------------------
16/17 Jan 19   Forum Speaker    Chatham Hall     Leader in Residence
                                 School           Program
------------------------------------------------------------------------
7 Jan 19       remarks          Virginia GA      Intro to Coastal
                                 Joint            Adaptation and
                                 Subcommittee     Protection in Virginia
                                 on Coastal
                                 Flooding
------------------------------------------------------------------------
12 Dec 18      Interview        Virginian Pilot  Position of Spec Asst
                                                  for Costal Adaptation
                                                  and Protection
------------------------------------------------------------------------
4 Dec 18       Presentation     Virginia Beach   Coastal Adaptation and
                                 Vision           Protection in Virginia
------------------------------------------------------------------------
15 Nov 18      Remarks          HRPDC Flooding   Coastal Adaptation and
                                 Subcommittee     Protection in Virginia
------------------------------------------------------------------------
7 Nov 18       Keynote remarks  VASEM Annual     Coastal Adaptation and
                                 Conf Dinner      Protection in Virginia
------------------------------------------------------------------------
7 Nov 18       remarks          HRPDC CAO SLR    Coastal Adaptation and
                                 Committee        Protection in Virginia
------------------------------------------------------------------------
2 Nov 18       Panel Moderator  VCPC Annual      Coastal Adaptation and
                                 Conference       Protection and
                                                  National Security in
                                                  Virginia/EO24 release
------------------------------------------------------------------------
30 Oct 18      panel            APA VA Meeting   Coastal Adaptation and
                                 Alexandria       Protection in Virginia
------------------------------------------------------------------------
25 Oct 18      remarks          VB Chamber Exec  Coastal Adaptation and
                                 Committee        Protection in Virginia
------------------------------------------------------------------------
28 Sep 18      Remarks/panel    Wharton Risk     Strategies for coastal
                                 Center           relocation
------------------------------------------------------------------------
27 Sep 18      Remarks Movie    Wharton Risk     Tidewater Showing
                showing          Center
------------------------------------------------------------------------
24 Sep 18      Remarks/Panel    CCS/NC State     Climate and National
                                 Raleigh          Security Risk
------------------------------------------------------------------------
18 Sep 18      Remarks Movie    Citizen's        Tidewater Showing
                                 Climate Lobby
                                 Christopher
                                 Newport
                                 University
------------------------------------------------------------------------
17 August 18   Movie Filming    WHRO Women       Movie ``She's Coming
                                 Veteran's        Home'' featuring 3
                                 Stories          Women Vet's stories,
                                                  one of which is mine
------------------------------------------------------------------------
14 Aug 18      Presenter/       NASEM BEES       Climate and National
                panelist                          Security risk,
                                                  Virginia Actions
------------------------------------------------------------------------
6-8 August 18  Presenter,       Center for       Climate and National
                panel            Climate and      Security Risks, SC
                Moderator        Security HM      focus
                                 Jackson event,
                                 Charleston SC
------------------------------------------------------------------------
23 Jul 18      Presenter        APA Virginia     Climate Security and
                                 Conference       Tidewater Movie
                                                  Screening
------------------------------------------------------------------------
17 Jul 18      Interview for    Author Therese   Women in the Military
                book             Hughes           compendium title: In a
                                                  HeartBeat
------------------------------------------------------------------------
9 July 18      Presenter        W&M Whole of     Climate Impact on
                Panelist         Govt Center      National Security,
                                                  Federal Infrastructure
------------------------------------------------------------------------
26 Jun 18      Presenter/       WEDA Conference  Climate Impact on
                panelist         DC               national Security
------------------------------------------------------------------------
13 June 18     BLOG Interview   CCS Blog         Climate Impact on
                                                  National Security
                                                  Infrastructure and
                                                  Activities Aired as
                                                  Episode 2: A
                                                  Conversation with Rear
                                                  Admiral Ann Phillips,
                                                  U.S. Navy (Ret),
                                                  Advisory Board, The
                                                  Center for Climate and
                                                  Security (November 16,
                                                  2018) https://
                                                  climateandsecurity.org/
                                                  podcast/
------------------------------------------------------------------------
9 Jun 18       Speaker          March for the    Climate and Security
                (Cancelled by    Oceans           Actions
                weather)
------------------------------------------------------------------------
22 May 18      Remarks/w other  Atlantic         National Security
                seminar          Council          Climate Impacts
                members          resilience
                                 Seminar
------------------------------------------------------------------------
14 May 18      Interview/film   USA Today        Climate Impact national
                                                  Security
------------------------------------------------------------------------
2 May 18       Int Film         CIVIC HR         CIVIC experience
------------------------------------------------------------------------
24 April 18    Panelist/        The Hague        Climate as a National
                Speaker          roundtable/GWU/  Security impact
                                 CCS
------------------------------------------------------------------------
20 April 18    Panelist         W&M WOG panel w/ Climate and National
                Speaker          VCPC             Security
------------------------------------------------------------------------
18 April 18    Panelist         Wharton UPENN    Climate and Security
                Speaker          IGEL             actions
                                 Conference
------------------------------------------------------------------------
6 April 18     Forum Speaker    Hilton Head      Climate and Security,
                                 World Affairs    Whole of Govt
                                 Council          Approach, Hampton
                                 Quarterly        Roads Virginia
                                 Forum
------------------------------------------------------------------------
28 March 2018  Speaker          Rachel's         Whole of Govt and
                Panelist         Network Annual   Community Climate
                                 Meeting          Security Actions
------------------------------------------------------------------------
9/10 Mar 18    Speaker          Tulane Env Law   Climate and Security,
                Panelist         Conference       Hampton Roads
------------------------------------------------------------------------
6/7 Mar 18     Speaker          GWU Forum        Global Climate Security
                                                  Impact
------------------------------------------------------------------------
26 Feb 18      Speaker          Council on       Climate Impact on
                Panelist         Strategic        National Security,
                                 Risks Climate    Hampton Roads The CSAG
                                 and Security     Roadmap and
                                 Forum            Recommendations for
                                                  the U.S. Government,
                                                  ``A Responsibility to
                                                  Prepare: Strengthening
                                                  National and Homeland
                                                  Security in the Face
                                                  of a Changing
                                                  Climate,'' The Climate
                                                  and Security Advisory
                                                  Group, full report,
                                                  February 2018
------------------------------------------------------------------------
10 Feb 18      Speaker          Richmond Env     Tidewater Showing
                                 film Festival
------------------------------------------------------------------------
31 Jan 18      Speaker/panel    SAME Meeting     Tidewater Showing
                                 Event
------------------------------------------------------------------------
25 Jan 18      Comments         VA GA Local      Flood Fund Creation
                                 Govt Committee
------------------------------------------------------------------------
14 Jan 18      Interview        Economist        Climate Impact on
                                 magazine         National Security
------------------------------------------------------------------------
20 Dec 17      Comments         LT GOV Northam   Veteran's employment
                                 Veteran's        Challenges
                                 Committee
------------------------------------------------------------------------
10-14 Dec 17   Panel/Guest      Planetary        Climate Impact on
                                 Security         National Security
                                 Conference The
                                 Hague, with
                                 CCS
------------------------------------------------------------------------
28 Nov 17      Panelist         CCS-IISS Panels  Climate Security in the
                                                  Asia-Pacific region
------------------------------------------------------------------------
14 Nov 17      Speaker          Norfolk State/   Tidewater Showing
                                 LCV
------------------------------------------------------------------------
7 Nov 17       Speaker/         NASEM Marine     Climate Impact on Port
                panelist         Board            Infrastructure and
                                                  National Security in
                                                  Virginia
------------------------------------------------------------------------
4-6 Nov 17     Interview/Video  WGBH/NOVA        Decoding the Weather
                                 Filming          Machine/Climate impact
                                                  on National Security
                                                  (Aired 18 April 2018)
------------------------------------------------------------------------
30 Oct 17      Commentary       CCS/HMJackson    Tidewater Showing
                                 Seattle
------------------------------------------------------------------------
26 Oct 17      Commentary       Williamsburg/    Tidewater Showing
                                 LCV/CCL
------------------------------------------------------------------------
29 Sep 17      TV Interview     The Bridge/      Topic Discussion
                (Air Date        Washington DC    ``Dealing with Rising
                unknown)                          Seas--Politics &
                                                  Policy & What we can
                                                  Learn from The Dutch``
------------------------------------------------------------------------
24-26 Sep 27   Presentation     Environmental    Climate Impact on
                                 Grantmaker's     National Security
                                 Assn/DR
                                 Foundation/CCS
                                 Seattle W
------------------------------------------------------------------------
12 Sep 17      Remarks/panel    David            Climate Impact on
                                 Rockefeller      National Security/
                                 Foundation/      Marsh to Strategic
                                 Rachel's
                                 Network
------------------------------------------------------------------------
16 Aug 17      remarks          Slover Library   Tidewater Showing
------------------------------------------------------------------------
12 Jul 17      Testimony        House Science    Climate Impact on
                                 Space and        National Security
                                 Technology
                                 panel w CCS/
                                 EESI
------------------------------------------------------------------------
3 Jul 17       Discussion/      Rep Scott        Climate Impact on
                presentation     Taylor VA-02 w   National Security
                                 CCL
------------------------------------------------------------------------
26 June 17     Panel            The Hoover       Coastal Dialogues
                                 Institution
------------------------------------------------------------------------
5 June 17      Remarks/panel    CCS/EESI Cannon  Uncommon Dialogue/
                                 Building         Climate and Security
------------------------------------------------------------------------
23 May 17      Radio Show       Hear Say/WHRO    Tidewater
------------------------------------------------------------------------
16 May 17      Remarks          Gov McAuliffe/   Climate Impact on
                                 Energy           National Security
                                 Legislation
                                 Signing
------------------------------------------------------------------------
9 May 17       Remarks/panel    Blue Frontier    Climate Impact,
                                 Conference DC    national Security
                                                  Hampton Roads
                                                  Intergovernmental
                                                  Pilot Project
------------------------------------------------------------------------
28 April 17    Remarks          Citizens         Climate Impact on
                                 Climate Lobby    national Security
                                 Annual
                                 Conference, DC
------------------------------------------------------------------------
12-14 Apr 17   remarks          Climate and      Climate Impact on
                                 Energy Funders   national Security
                                 Group
                                 Conference, SF
                                 with CCS and
                                 DR Foundation
------------------------------------------------------------------------
28 Mar 17      Speaker          National Assn    Cyber Security, Lessons
                                 of Water         Learned from the Navy
                                 Companies        Perspective
------------------------------------------------------------------------
20 March 17    Speaker          CCS, American    Tidewater Opening, DC
                panelist         Resilience       Env Film Festival
                                 Project Navy
                                 Memorial
                                 Auditorium
------------------------------------------------------------------------
15 Mar 17      Moderator        Women's History  Women in the Navy/WAVES
                                 Day HR Navy
                                 Museum
------------------------------------------------------------------------
14/15 Nov 16   Panelist         UNC Climate COE  HR Intergovernmental
                                 Conference       Pilot Project
------------------------------------------------------------------------
3 Nov 16       Speaker          Military Day     Military Transition
                                 CIVIC HE
------------------------------------------------------------------------
27 Sep 16      Speaker          American         Climate Impact on
                Panelist         Meteorological   national Security
                                 Assn
                                 Conference
------------------------------------------------------------------------
26 Sep 16      Speaker          National Press   Climate Impact on
                                 Club Event/      National Security
                                 Climate Action
                                 Committee re
                                 Climate Action
                                 plan release
------------------------------------------------------------------------
14 Nov 15      Speaker          Veteran's        Reentering Society, A
                                 Welcome Home     Veteran's Worth
                                 Initiative VB
------------------------------------------------------------------------
4 Mar 2015     Panel Moderator  HR Navy Museum   Women's History Month
------------------------------------------------------------------------
24 April 2014  Speaker          UNC NROTC        Panel on leadership
                                 Distinguished
                                 Alumni Award
                                 (received)
------------------------------------------------------------------------
10 Sep 2013    Speaker          ESG 2 Change of  Farewell remarks
                                 Command
------------------------------------------------------------------------
June 2013      Interviews,      Operational      Interviews, remarks,
                remarks          Commander/       other media coverage,
                                 BALTOPS          BALTOPS 2013, Baltic
                                                  Sea Opareas
------------------------------------------------------------------------
May 2013       Speaker          Hampton Roads    Leadership Advice
                                 NROTC
                                 Graduation/
                                 Commissioning
------------------------------------------------------------------------
June 2012      Interviews,      Operational      Interviews, remarks,
                remarks          Commander/       other media coverage,
                                 BALTOPS          BALTOPS 2012, Baltic
                                                  Sea Opareas
------------------------------------------------------------------------
April 2012     Speeches/        Fort Lauderdale  Interviews, remarks,
                Presentations/   Fleet Week/      Other media exposure
                Remarks,         Officer          related to Fleet Week
                Interviews, TV/  Conducting       Events
                Radio            Exercise
------------------------------------------------------------------------
April 2012     Speeches/        War of 1812      Interviews, remarks, TV
                Presentations/   Commemoration    and Radio, Print Media
                Remarks,         Kick Off, New
                Interviews/TV/   Orleans/
                Radio            Officer in
                                 Charge
------------------------------------------------------------------------
2 Mar 2011     Speech/Keynote   Women's History  Leadership and Navy
                                 Month NSWC       Experience
                                 Panama City
                                 FLA
------------------------------------------------------------------------
2010-2012      Annual Program   N86B/N86 to      N86 Program Objectives
                Presentation     Surface Navy     Presentation to annual
                                 Assn Annual      Surface Warfare Assn
                                 Conference       Conference, Washington
                                                  DC
------------------------------------------------------------------------
2010-2012      Speaker/         Joint Women's    Annual Women's
                panelist         Leadership       Leadership event,
                                 Symposium        speaker, breakout
                                 Annual           session speaker, panel
                                 Conference       moderator/Women's
                                                  Leadership initiatives
------------------------------------------------------------------------

                 Attachment E--Congressional Testimony
    *All of the below were done in my official capacity as Special 
Assistant to the Governor of Virginia for Coastal Adaptation and 
Protection.

   Senate Special Committee on the Climate Crisis Testimony, 
        Rear Admiral Ann Phillips, USN (Ret), ``Understanding and 
        Combating the Security Risks of Climate Change,'', (February 
        13, 2020)

   House T&I Subcommittee on the Water Resources Development 
        Act and the Environment (Nov 22, 2019)

   Written Submission in response to the House Select Committee 
        on the Climate Crisis RFI Questions 11 and 12, (November 22, 
        2019)

   House T&I Subcommittee on Coast Guard and Maritime 
        Transportation (Sept 24, 2019)

   House Committee on the Budget, Testimony, Rear Admiral Ann 
        Phillips, USN (Ret), ``The Costs of Climate Change: From Coasts 
        to Heartland, Health to Security,'' (July 24, 2019)

    The testimony listed below, before the House Committee on Science, 
Space and Technology, was done as a private citizen and member of the 
Advisory Board of the Center for Climate and Security

   House Committee on Science, Space and Technology: 
        Subcommittee Testimony, SCIENCE AND POLICY PERSPECTIVES: 
        NATIONAL SECURITY IMPLICATIONS OF CLIMATE CHANGE. (JULY 
        12TH, 2017) https://science.house.gov/events/
        science-and-policy-perspectives-national-security-implications-
        of-climate-change

    The Chairwoman. Thank you, Rear Admiral Phillips.
    Dr. Cliff, welcome. You're welcome to make your opening 
statement.

              STATEMENT OF DR. STEVEN SCOTT CLIFF,

                  NOMINEE TO BE ADMINISTRATOR,

         NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

    Dr. Cliff. Thank you, Chair Cantwell, Ranking Member 
Wicker, and Members of the Committee.
    I am honored to appear before you today as the Nominee for 
the National Highway Traffic Safety Administration, known as 
NHTSA.
    I want to thank the President and Secretary Buttigieg for 
their trust in nominating me.
    I also want to thank my wife Maureen and our two adult 
children, Evelyn and Grayson, my folks, and all the rest of my 
family and friends who are watching online.
    I have spent my entire career as a public servant, first as 
a scientist at the University of California at Davis and then 
for more than a decade in various roles, technical and 
leadership roles in the California government where I 
championed sustainable transportation.
    Now if I'm honored enough to be confirmed, I will draw upon 
those decades of experience to help make our transportation 
system safer for every American.
    NHTSA's mission of saving lives on our Nation's roads is 
very personal for me just as it is for too many Americans. 
While in high school, I rode in a caravan with a group of 
friends heading to a graduation gathering at the beach. One of 
the cars driven by my best friend when changing lanes crossed 
the median, flipped over, and collided with an oncoming car. 
Oleanders were the only median barriers at that time to protect 
against oncoming traffic. Three of four occupants, including my 
best friend, were killed. My life was changed forever.
    This tragedy led my parents and my hometown to start a 
graduation night event to reduce tragedies like this and while 
neither alcohol nor drugs played a role in the event I just 
described, these safe and sober graduation night parties have 
undoubtedly prevented many senseless deaths in the 33 years 
since that terrible day.
    Since February 2, 2021, I have served as Deputy 
Administrator of NHTSA, working with some of the most dedicated 
and professional public servants I've ever encountered.
    NHTSA is focused on making our vehicles safer for everyone 
while integrating policies that make transportation more safe, 
equitable, and environmentally sustainable, top priorities of 
this Administration.
    Like the rest of the department, I am gravely concerned 
about the increase in traffic fatalities during the COVID-19 
pandemic. Secretary Buttigieg rightfully called it a crisis.
    While many stopped driving in the early days of the 
pandemic, those who remained on the road were more likely to 
engage in risky behaviors. As a result, we've seen an 
unprecedented rise in roadway fatalities. I am committed to 
turning this around.
    We have much to learn about why some driving behaviors 
changed during the pandemic, how we can encourage people to 
make safer choices, and how to change a culture that accepts 
the loss of tens of thousands of people in roadway crashes as 
inevitable.
    We continue to work with safety stakeholders around the 
country to develop countermeasures but more work needs to be 
done. A cultural change will take a transformational and 
collaborative approach to safety. Everyone, including those who 
design, operate, build, and use the road system, shares 
responsibility for road safety.
    By taking the safe systems approach, we commit to improving 
safety for all road users. A safe system approach incorporates 
the five Es: equity, engineering, education, enforcement, and 
emergency medical services.
    The monumental bipartisan Infrastructure law will be 
central to these efforts. This historic legislation increases 
NHTSA's budget by 50 percent, the largest investment in motor 
vehicle and highway safety since NHTSA was established more 
than 50 years ago.
    This funding will improve our understanding of where and 
how crashes happen by improving data quality and expanding 
electronic reporting to move from paper-based data collection 
systems to digital systems. It will also broaden the crash 
investigation sampling system by increasing the number of data 
collection sites, including more crash types, and adding on-
scene investigation protocols to enhance the data collection in 
crashes involving vulnerable road users.
    These improvements will allow us to understand in real time 
the causes of crashes and help us address those causes.
    NHTSA is also responsible for setting the corporate average 
fuel economy standards or CAFE. I am committed to making the 
transportation fleet as efficient as possible to save consumers 
billions of dollars at the pump, to improve the Nation's energy 
security, and to protect the environment.
    We will focus on safe, equitable, and environmentally 
protective policies as we carry out our life-saving mission.
    If I have the honor of being confirmed as the Administrator 
of NHTSA, I commit to continuing to work with members of this 
committee to improve roadway safety, foster innovation, advance 
transportation equity, and address climate change.
    Chair Cantwell, Ranking Member Wicker, and Members of the 
Committee, thank you for your consideration. I look forward to 
your questions.
    [The prepared statement and biographical information of Dr. 
Cliff follow:]

 Prepared Statement of Dr. Steven Cliff, Nominee to be Administrator, 
             National Highway Traffic Safety Administration
    Chair Cantwell, Ranking Member Wicker, and Members of the 
Committee, I am honored to appear before you today as the nominee for 
Administrator of the National Highway Traffic Safety Administration 
(NHTSA).
    I want to thank the President and Secretary Buttigieg for their 
trust in nominating me. I also want to thank my wife, Maureen, and our 
two adult children, Evelyn and Grayson, my folks and all the rest of my 
family and friends who are watching online.
    I have spent my entire career as a public servant. First, as a 
scientist at the University of California, Davis, and then for more 
than a decade in various technical and leadership roles in the 
California government, where I championed sustainable transportation. 
Now, if I'm honored enough to be confirmed, I will draw upon those 
decades of experience to help make our transportation system safer for 
every American.
    NHTSA's mission of saving lives on our Nation's roads is very 
personal for me, just as it is for too many Americans. While in high 
school, I rode in a caravan with a group of friends heading to a 
graduation gathering at the beach. One of the cars, driven by my best 
friend, bumped another car when changing lanes, crossed the median, 
flipped over, and collided with an oncoming car. Oleanders were the 
only median barriers at that time to protect against oncoming traffic. 
Three of the four occupants, including my best friend, were killed. My 
life was changed forever.
    This tragedy led parents in my hometown to start a graduation night 
event to reduce tragedies like this. And while neither alcohol nor 
drugs played a role in the event I just described, these safe and sober 
graduation night parties have undoubtedly prevented many senseless 
deaths in the 33 years since that terrible day.
    Since February 2, 2021, I have served as the Deputy Administrator 
for NHTSA, working with some of the most dedicated and professional 
public servants I've ever encountered. NHTSA is focused on making our 
vehicles safer for everyone while integrating policies that make 
transportation more safe, equitable and environmentally sustainable--
top priorities of this Administration.
    Like the rest of the Department, I am gravely concerned about the 
increase in traffic fatalities during the COVID-19 pandemic. Secretary 
Buttigieg rightfully called it a crisis. While many stopped driving in 
the early days of the pandemic, those who remained on the road were 
more likely to engage in risky behaviors. As a result, we've seen an 
unprecedented rise in roadway fatalities. I am committed to turning 
this around.
    We have much to learn about why some driving behaviors changed 
during the pandemic, how we can encourage people to make safer choices, 
and how to change a culture that accepts the loss of tens of thousands 
of people in roadway crashes as inevitable. We continue to work with 
safety stakeholders around the country to develop countermeasures but 
more work needs to be done. A cultural change will take a 
transformational and collaborative approach to safety. Everyone--
including those who design, operate, build and use the road system--
shares responsibility for road safety. By taking a safe systems 
approach, we commit to improving safety for all road users. A safe 
system approach incorporates the 5 Es: equity, engineering, education, 
enforcement, and emergency medical services.
    The monumental Bipartisan Infrastructure Law will be central to 
these efforts. This historic legislation increases NHTSA's budget by 50 
percent--the largest investment in motor vehicle and highway safety 
since NHTSA was established more than 50 years ago. This funding will 
improve our understanding of where and how crashes happen by improving 
data quality and expanding electronic reporting to move from paper-
based data collection systems to digital systems. It will also broaden 
the Crash Investigation Sampling System by increasing the number of 
data collection sites, including more crash types, and adding on-scene 
investigation protocols to enhance data collection in crashes involving 
Vulnerable Road Users. These improvements will allow us to understand 
in real time the causes of crashes and help us address those causes.
    NHTSA is also responsible for setting the Corporate Average Fuel 
Economy Standards. I am committed to making the transportation fleet as 
efficient as possible, to save consumers billions of dollars at the 
pump, to improve the Nation's energy security and to protect the 
environment. We will focus on safe, equitable, and environmentally 
protective policies as we carry out our life saving mission.
    If I have the honor of being confirmed as the Administrator of 
NHTSA, I commit to continuing to work with members of this Committee to 
improve roadway safety, foster innovation, advance transportation 
equity, and address climate change.
    Chair Cantwell, Ranking Member Wicker, and Members of the 
Committee, thank you for your consideration. I look forward to your 
questions.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used): Steven Scott 
Cliff.
    2. Position to which nominated: Administrator, National Highway 
Traffic Safety Administration.
    3. Date of Nomination: October 21, 2021.
    4. Address (List current place of residence and office addresses):

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

    5. Date and Place of Birth: January 30, 1970; Napa, California.
    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).

        Maureen Michelle Palmer. Genetic Counselor Manager, Natera, 
        Inc.

        Evelyn Maeve Cliff (daughter) 23

        Grayson Palmer Cliff (son) 19

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

        Chemistry B.S., 1992 University of California, San Diego
        Chemistry Ph.D., 1998 University of California, San Diego

    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 Related to Nominated Position:
   2021 to present: Deputy Administrator, National Highway 
        Traffic Safety Administration

   2017-2021: Deputy Executive Officer, California Air 
        Resources Board

   2016-2017: Senior Advisor to the Chair, California Air 
        Resources Board (appointed by Governor Jerry Brown)

   2014-2016: Assistant Director for Sustainability, California 
        Department of Transportation (appointed by Governor Jerry 
        Brown)

   2013-2014: Assistant Chief, Stationary Source Division, 
        California Air Resources Board

   2011-2013: Chief, Climate Change Markets Branch--Stationary 
        Source Division, California Air Resources Board

   2008-2011: Manager, Program Development Section--Office of 
        Climate Change, California Air Resources Board

   2020-2021: Research Professor II, Air Quality Research 
        Center/Institute of Transportation Studies, University of 
        California-Davis

   2016-2020: Research Professor I, Air Quality Research 
        Center/Institute of Transportation Studies, University of 
        California-Davis

   2013-2016: Associate Research Professor IV, Air Quality 
        Research Center/Institute of Transportation Studies, University 
        of California-Davis

   2011-2013: Associate Research Professor II, Air Quality 
        Research Center/Institute of Transportation Studies, University 
        of California-Davis

   2009-2011: Associate Research Professor I, Department of 
        Applied Science, University of California-Davis

   2006-2009: Assistant Research Professor IV, Department of 
        Applied Science, University of California-Davis

   2007-2008: Admissions Chair-Atmospheric Science Graduate 
        Group, University of California-Davis

   2003-2006: Assistant Research Professor III, Department of 
        Applied Science, University of California-Davis

   2001-2003: Assistant Research Professor II, Department of 
        Applied Science, University of California-Davis
Non-Management Level Jobs:
   2008: Air Pollution Specialist--Office of Climate Change, 
        California Air Resources Board

   2004-2020: Approved Program Coordinator--Advanced Light 
        Source BL 10.3.1, Lawrence Berkeley National Laboratory

   2003-2021: Atmospheric Science Graduate Group faculty 
        member, University of California-Davis

   2001-2004: Beamline Scientist and Primary Research Team 
        Coordinator--Advanced Light Source BL 10.3.1, Lawrence Berkeley 
        National Laboratory

   2001-2003: Academic Federation Rep.--Chancellor's Committee 
        on Childcare, University of California-Davis

   1998-2001: Postdoctoral Research Fellow, Land Air and Water 
        Resources, University of California-Davis

   1997-2001: Graduate Research Assistant, University of 
        California-San Diego

   1993-1994: Staff Research Associate, University of 
        California-San Diego

    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.
    I served on the U.S. Environmental Protection Agency's Mobile 
Sources Technical Review Subcommittee of the Clean Air Act Advisory 
Committee from ca. September 2017 to January 2021. Details about the 
Subcommittee are available at: https://www.epa.gov/caaac/mobile-
sources-technical-review-subcommittee-mstrs-caaac.
    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.

   Director (vice-president) of Creamery at Alkali Flat 
        Homeowners Association (10/2020 to 10/2021 [resigned 10/13/21])

   Sole-proprietor Steven Cliff, dba Elite Arms (Retail 
        Sporting Goods/Firearms) (ca. 1/2011-ca. 6/2017)

    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.

   US Coast Guard Auxiliary (2000 to present). Volunteer CG 
        activities. Past Flotilla Safety Officer, Coxswain, Operational 
        Auxiliarist, and boating safety instructor.

   National Rifle Association (member, expired ca. 2015)

   BMW Motorcycle Owners Association (member, expired ca. 2015)

   Sacramento Gun Club (member, shooting range access and 
        competition pistol events, canceled membership ca. June 2020)

   Folsom Shooting Club (shooting range access and competition 
        shooting events, expired ca. Dec. 2019)

   Coon Creek Trap and Skeet Club (member, volunteer coach for 
        youth trap team, expired ca. 2014)

   Transportation Research Board (current Executive Committee 
        [ex officio], former chair of sustainable transportation 
        committee and former Group Chair)

   American River Conservancy (past member, expired ca. 2014)

   American Geophysical Union (member, expired ca. 2012)

   American Chemical Society (member, expired ca. 2012)

   American Association for the Advancement of Science (AAAS) 
        (member expired ca. 2013)

   Air and Waste Management Association (member, expired ca. 
        2015)

   Trojan Athletic Fund-USC Athletics (booster, not current)

   Rio Americano High School Band Booster (fundraising for 
        son's high school band program, last active 2020)

   Arden Hills Country Club (member, swim and tennis club, 
        canceled ca. 2017)

   Mondavi Center for the Arts (annual member, expired)

   Capitol Public Radio [KXJZ, local NPR affiliate] (semi-
        frequent annual member, not current)

    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 $500 or more for the past ten years. None.
    16. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements.

   California Air Resources Board--Gold Superior Achievement 
        Award 2008 and 2010
   California Air Resources Board--Sustained Superior 
        Achievement Award 2012

    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.
    Please see below for the most up-to-date list of publications, 
speeches and presentations that I have been able to compile, to the 
best of my recollection and ability. Should any additional information 
be identified, I will promptly let the Committee know.
Related Speeches:
   Road to Zero Annual Meeting. February 2, 2021. https://
        www.nhtsa.gov/speeches-presentations/road-zero-annual-meeting-
        remarks

   SAE/NHTSA Cybersecurity Workshop. February 5, 2021. https://
        www.nhtsa
        .gov/speeches-presentations/saenhtsa-cybersecurity-workshop-
        remarks

   NHTSA Public Service Awards. April 27, 2021. https://
        www.nhtsa.gov/speeches-presentations/nhtsa-public-service-
        awards

   Securing America's Future Energy (SAFE) AV Event, May 13, 
        2021. https://www.nhtsa.gov/speeches-presentations/securing-
        americas-future-energy-safe-av-event

   Drive Sober Campaign Kickoff, August 17, 2021. https://
        www.nhtsa.gov/speeches-and-presentations/2021-drive-sober-
        virtual-event
Peer-reviewed Journal Manuscripts:
   Cliff, S.S. and M.H. Thiemens. ``High-Precision Isotopic 
        Determination of the 180/160 and 170/160 Ratios in Nitrous 
        Oxide,'' Anal. Chem.,66, 2791. 1994

   Johnston, J. C., S. S. Cliff and M. H. Thiemens. 
        ``Measurement of Multioxygen Isotopic (d180 & d170) 
        Fractionation Factors in the Stratospheric Sink Reactions of 
        Nitrous Oxide,'' J. Geophys. Res., 100, 16,801-16,804. 1995

   Glickman, M. H., S.S. Cliff, M.H. Thiemens and J.P. Klinman.

   ``Comparative Study of 17O and 18O Isotope Effects as a 
        Probe for Dioxygen Activation: Application to the Soybean 
        Lipoxygenase Reaction,'' J. Am. Chem. Soc., 119, 11,357-11,361. 
        1997

   Huff, A.K., S.S. Cliff and M.H. Thiemens. ``Portable 
        Cryogenic Collection of Atmospheric Nitrous Oxide and Carbon 
        Monoxide for High Precision Isotopic Analysis,'' Anal. Chem., 
        69, 4267-4270. 1997

   Cliff, S.S. and M.H. Thiemens. ``The 180/160 and 170/160 
        Ratios in Atmospheric nitrous oxide: A Mass-Independent 
        Anomaly,'' Science, 278, 1774-1776. 1997

   Cliff, S. S., C.A.M. Brenninkmeijer and M.H. Thiemens. ``The 
        180/160 and 170/160 Ratios in Stratospheric nitrous oxide: A 
        Mass-Independent Anomaly,'' J. Geophys. Res., 104, 16,171-
        16,175. 1999

   Shutthanandan V. S. Thevuthasan, R. Disselkamp, A. Stroud, 
        A. Cavanagh, E.M. Adams, D.R. Baer, L.A. Barrie, S.S. Cliff, 
        and M. Jimenez-Cruz M. ``Development of PIXE, PESA and 
        transmission ion microscopy capability to measure aerosols by 
        size and time,'' Nuclear Instruments & Methods in Physics 
        Research Section B-Beam. Interactions with Materials & Atoms, 
        189:284-288, April. 2002

   Bench, G., P.G. Grant. D. Ueda, S.S. Cliff, K.D. Perry and 
        T. A. Cahill. ``The use of STIM and PESA to measure profiles of 
        aerosol mass and hydrogen content, respectively, across mylar 
        rotating drums impactor samples,'' Aerosol Science & 
        Technology, 36(5):642-651. 2002

   Reuter, J.E., T.A. Cahill, S.S. Cliff, C.R. Goldman, A.C. 
        Heyvaert, A.D. Jassby, S. Lindstrom, and D.M. Rizzo. ``An 
        Integrated Watershed Approach to Studying Ecosystem Health at 
        Lake Tahoe, CA-NV,'' Managing for Healthy Ecosystems, D.J. 
        Rapport, W.L. Lasley, D.E. Rolston, N.O., Nielson, C.O. Qualset 
        and A.B. Damania, (ed), Lewis Publishers, Boca Raton, Florida, 
        1283-1297, January. 2003

   Reid, J.S., Halflidi, H.J., H.B. Maring, A. Smirnov, D.L. 
        Savoie, S.S. Cliff, E.A Reid, J.M. Livingston, M.L. Meier, 
        O.Dubovik, and S.-C. Tsay. ``Comparison of Size and 
        Morphological Measurements of Coarse Mode Dust Particles from 
        Africa,'' J. Geophys. Res., 108(D19), 8593. 2003

   Reid, E.A., J.S. Reid, M.M. Meier, M. Dunlap, S.S. Cliff, 
        K.D. Perry, and H. Maring. ``Characterization of African Dust 
        Transported to Puerto Rico by Individual Particle and Size 
        Segregated Bulk Analysis,'' J. Geophys. Res., 108(D19), 8591. 
        2003

   Shackelford, J.F., P.B. Kelly, S.S. Cliff, M. Jimenez-Cruz, 
        and T.A. Cahill. ``Characterizing Particulate Emissions Using 
        Micrometer Scale X-Ray Fluorescence,'' Ceramic Transactions, 
        143 59-66. 2003

   Cahill, T.A., Cliff, S.S., Perry, K.D., Jimenez-Cruz, M., 
        Bench, G., Grant, P.G., Ueda, D., Shackelford, J.F., Dunlap, 
        M., Meier, M., Kelly, P.B., Riddle, S., Selco, J. and Leifer, 
        R. ``Analysis of Aerosols from the World Trade Center Collapse 
        Site, New York, October 2 to October 30, 2001,'' Aerosol 
        Science and Technology, 38, 165-183. 2004

   J. S. Han, K. J. Moon J. Y. Ahn, Y. D. Hong, Y. J. Kim, S. 
        Y. Ryu, S. S. Cliff and T. A. Cahill. ``Characteristics of Ion 
        Components and Trace Elements of Fine Particles at Gosan, Korea 
        in Springtime from 2001 to 2002,'' Enviro. Monit. and Assess, 
        92, 73-93, March. 2004

   Uno, I., S.Satake, G.R. Carmichael, Y.Tang, Z.Wang, 
        T.Takemura N.Sugimoto, A.Shimizu, T. Murayama, T.A. Cahill, 
        S.S. Cliff, M. Uematsu, S. Ohta, P.K. Quinn, T. S. Bates. 
        ``Numerical study of Asian dust transport during the springtime 
        of 2001 simulated with the Chemical Weather Forecasting System 
        (CFORS) model,'' J. Geophys. Res., 109, D19S24. 2004

   Perry K. D., S. S. Cliff, M. P. Jimenez-Cruz. ``Evidence for 
        hygroscopic mineral dust particles from the Intercontinental 
        Transport and Chemical Transformation Experiment,'' J. Geophys. 
        Res., 109, D23S28. 2004

   Cahill, T. A., Cliff, S.S., Shackelford, J.F., Meier, M., 
        Dunlap, M., Perry, K.D., Bench, G., and Leifer, R. ``Very Fine 
        Aerosols from the World Trade Center Collapse Piles: Anaerobic 
        incineration?'' Advances in Chemistry. 2004

   VanCuren, R. A., S. S. Cliff, K. D. Perry, and M. P. 
        Jimenez-Cruz. ``Continental Aerosol Dominance Above the Marine 
        Boundary Layer in the Eastern North Pacific: Continuous Aerosol 
        Measurements From the 2002 Intercontinental Transport and 
        Chemical Transformation Experiment (ITCT2K2),'' J. Geophys. 
        Res., 110, D09S90. 2005

   Han, J.S., K.J. Moon, S. J. Lee, Y.J. Kim, S.Y. Ryu, S. S. 
        Cliff, and S.M. Yi. ``Size-resolved Source Apportionment of 
        Ambient Particles by Positive Matrix Factorization,'' Atmos. 
        Chem. Phys. Discuss., 5, 5223-5252. 2005

   Gertler, Alan; Bytnerowicz, Andrzej, Cahill, Thomas A.; 
        Arbaugh, Michael; Cliff, Steven; Kahyaoglukoracin, Julide; 
        Tarnay, Leland; Alonso, Rocio; Fraczek, Witold. ``Sources of 
        Atmospheric Pollutants in the Lake Tahoe Basin,'' California 
        Agriculture, 60(2):53-8. 2006

   Jiyoung Kim, Soon-Chang Yoon, Sang-Woo Kim, Fred Brechtel, 
        Anne Jefferson, Ellsworth G. Dutton, Keith N. Bower, Steven 
        Cliff, James J. Schauer. ``Chemical apportionment of shortwave 
        direct aerosol radiative forcing at the Gosan super-site, Korea 
        during ACEAsia,'' Atmospheric Environment, 40:35, 6718-6729, 
        November, ISSN 1352-2310. 2006

   Ewing, S.A., B. Sutter, R. Amundson, J. Owen, K. Nishizumi, 
        W. Sharp, S.S. Cliff, K. Perry, W. Dietrich, and C.P. McKay. 
        ``A threshold in soil formation at Earth's arid-hyperarid 
        transition,'' Geochimica et Cosmochimica Acta. 2006

   Patris, N., S. S. Cliff, P. K. Quinn, M. Kasem, and M. H. 
        Thiemens. ``Isotopic analysis of aerosol sulfate and nitrate 
        during ITCT-2k2: Determination of different formation pathways 
        as a function of particle size,'' J. Geophys. Res., 112, 
        D23301. 2007

   Reid, J. S., E. A. Reid, A. Walker, S. Piketh, S. Cliff, A. 
        Al Mandoos, S. Tsay, and T. F. Eck. ``Dynamics of southwest 
        Asian dust particle size characteristics with implications for 
        global dust research,'' J. Geophys. Res., 113, D14212. 2008

   Nicolas Bukowiecki, Peter Lienemann, Matthias Hill, Renato 
        Figi, Agnes Richard, Markus Furger, Karen Rickers, Gerald 
        Falkenberg, Yongjing Zhao, Steven S. Cliff, Andre S. H. Prevot, 
        Urs Baltensperger, Brigitte Buchmann, Robert Gehrig. ``Real-
        World Emission Factors for Antimony and Other Brake Wear 
        Related Trace Elements: Size-Segregated Values for Light and 
        Heavy-Duty Vehicles,'' Environmental Science & Technology, 43 
        (21), 8072-8078. 2009

   Ngo M, Pinkerton K, Freeland S, Geller M, Ham W, Cliff S, 
        Hopkins L, Kleeman M, Kodavanti U, Meharg E, Plummer L, 
        Recendez J, Schenker M, Sioutas C, Smiley-Jewell S, Haas C, 
        Gutstein J, Wexler ``Airborne particles in the San Joaquin 
        Valley may affect human health,'' California Agriculture, 
        64(1):12-16. 2009

   R. C. Moffet, T. R. Henn, A. V. Tivanski, R. J. Hopkins, Y. 
        Desyaterik, A. L. D. Kilcoyne, T. Tyliszczak, J. Fast, J. 
        Barnard, V. Shutthanandan, Cliff, S. S., Perry, K. D. A. 
        Laskin, M. K. Gilles. ``Microscopic Characterization of 
        Carbonaceous Aerosol Particle Aging in the Outflow from Mexico 
        City,'' Atmospheric Chemistry and Physics, 10, 961-976, 
        February. 2010

   Bahadur, R., T. Uplinger, L. M. Russell, B. C. Sive, S. S. 
        Cliff, D. B. Millet, A. Goldstein, and T. S. Bates. ``Phenol 
        Groups in Northeastern U.S. Submicrometer Aerosol Particles 
        Produced from Seawater Sources,'' Environ. Sci. Technol., 
        44(7), 2542-2548. 2010

   Hadley, O. L., Corrigan, C. E., Kirchstetter, T. W., Cliff, 
        S. S., and Ramanathan, V. ``Measured black carbon deposition on 
        the Sierra Nevada snowpack and implication for snowpack 
        retreat,'' Atmos. Chem. Phys., 10, 7505-7513. 2010

   Ewing, S.A., J. N. Christensen, S. T. Brown, R. A. Vancuren, 
        S.S. Cliff, and D. J. DePaolo. ``Pb Isotopes as an Indicator of 
        the Asian Contribution to Particulate Air Pollution in Urban 
        California,'' Environmental Science & Technology 44(23): 8911-
        6. 2010

   Christopher R. Williams, Kimberly A. Prather, Daniel 
        Rosenfeld, Steven S. Cliff. An Aerosol--Meteorological 
        Observatory to Better Isolate Aerosol Influences on 
        Precipitation Processes. Proceedings of the 8th International 
        Symposium on Tropospheric Profiling. 2010

   VanCuren, R.A., T.A. Cahill, J. Burkhart, D. Barnes, Y. 
        Zhao, K. Perry, S.S. Cliff, Joe McConnell. ``Aerosols and their 
        sources at Summit Greenland-First results of continuous size-
        and time-resolved sampling,'' Atmospheric Environment, 
        52(June): 82-97. 2012

   Fuller, Stephen; Zhao, Yongjing; Cliff, Steven; Wexler, 
        Anthony; Kalberer, Markus. Direct surface analysis of time-
        resolved aerosol impactor samples with ultra-high-resolution 
        mass spectrometry. Analytical Chemistry, 84(22): 9858-9864. 
        2012

   P. L. Hayes, A. M. Ortega, M. J. Cubison, K. D. Froyd, Y. 
        Zhao, S. S. Cliff, W. W. Hu, D. W. Toohey, J. H. Flynn, B. L. 
        Lefer, N. Grossberg, S. Alvarez, B. Rappengluck, J. W. Taylor, 
        J. D. Allan, J. S. Holloway, J. B. Gilman, W. C. Kuster, J. A. 
        de Gouw, P. Massoli, X. Zhang, J. Liu, R. J. Weber, A. L. 
        Corrigan, L. M. Russell, G. Isaacman, D. R. Worton, N. M. 
        Kreisberg, S. V. Hering, A. H. Goldstein, R. Thalman, E. M. 
        Waxman, R. Volkamer, Y. H. Lin, J. D. Surratt, T. E. 
        Kleindienst, J. H. Offenberg, S. Dusanter, S. Griffith, P. S. 
        Stevens, J. Brioude, W. M. Angevine, J. L. Jimenez. Organic 
        Aerosol Composition and Sources in Pasadena, California during 
        the 2010 CalNex Campaign. Journal of Geophysical Research-
        Atmospheres, 118(16): 9233-9257. 2013

   Samuel A. Atwood, Jeffrey S. Reid, Sonia M. Kreidenweis, 
        Steven S. Cliff, Yongjing Zhao, Neng-Huei Lin, Si-Chee Tsay, 
        Yu-Chi Chu, Douglas L. Westphal. Size resolved measurements of 
        springtime aerosol particles over the northern South China Sea. 
        Atmospheric Environment, 78(Oct): 134-143. 2013

   Na Li, Philip K. Hopke, Pramod Kumar, Steven S. Cliff, 
        Yongjing Zhao, Carmeliza Navasca. Source Apportionment of Time 
        and Size Resolved Ambient Particulate Matter. Chemomatics and 
        Intelligent Laboratory Systems, 129(Nov): 15-20. 2013

   Yongjing Zhao, Steven S. Cliff, Anthony S. Wexler, Wasim 
        Javed, Kevin Perry, Yuee Pan, Frank M. Mitloehner. Measurements 
        of size and time-resolved elemental concentrations at a 
        California dairy farm. Atmospheric Environment, 94: 773-781. 
        2014

   Edie Chang and Steven S. Cliff. California's Climate Change 
        Solution: An Integrated Model. EM, Journal of the Air and Waste 
        Management Association, (June) 14-18. 2014

   Reid, J. S. and Lagrosas, N. D. and Jonsson, H. H. and Reid, 
        E. A. and Sessions, W. R. and Simpas, J. B. and Uy, S. N. and 
        Boyd, T. J. and Atwood, S. A. and Blake, D. R. and Campbell, J. 
        R. and Cliff, S. S. and Holben, B. N. and Holz, R. E. and Hyer, 
        E. J. and Lynch, P. and Meinardi, S. and Posselt, D. J. and 
        Richardson, K. A. and Salinas, S. V. and Smirnov, A. and Wang, 
        Q. and Yu, L. and Zhang, J. Observations of the temporal 
        variability in aerosol properties and their relationships to 
        meteorology in the summer monsoonal South China Sea/East Sea: 
        the scale-dependent role of monsoonal flows, the Madden-Julian 
        Oscillation, tropical cyclones, squall lines and cold pools. 
        Atmospheric Chemistry and Physics, 15(4): 1745-1768. 2015

   Kathleen C. Kaku, Jeffrey S. Reid, Elizabeth A. Reid, Kristy 
        Ross-Langerman, Stuart Piketh, Steven Cliff, Abdulla Al 
        Mandoos, Stephen Broccardo, Yongjing Zhao, Jianglong Zhang, 
        Kevin D. Perry. Investigation of the relative fine and coarse 
        mode aerosol loadings and properties in the Southern Arabian 
        Gulf region. Atmospheric Research, 169(Part A): 171-182. 2016

   Reid, J. S., Lagrosas, N. D., Jonsson, H. H., Reid, E. A., 
        Atwood, S. A., Boyd, T. J., Ghate, V. P., Xian, P., Posselt, D. 
        J., Simpas, J. B., Uy, S.N., Zaiger, K., Blake, D. R., 
        Bucholtz, A., Campbell, J.R., Chew, B. N., Cliff, S. S., 
        Holben, B. N., Holz, R. E., Hyer, E. J., Kreidenweis, S. M., 
        Kuciauskas, A. P., Lolli, S., Oo, M., Perry, K. D., Salinas, S. 
        V., Sessions, W. R., Smirnov, A., Walker, A. L., Wang, Q., Yu, 
        L., Zhang, J., and Zhao, Y. Aerosol meteorology of Maritime 
        Continent for the 2012 7SEAS southwest monsoon intensive 
        study--Part 2: Philippine receptor observations of fine-scale 
        aerosol behavior. Atmos. Chem. Phys., 16: 14057-14078. 2016

   Elizabeth C. Asher John N. Christensen Andrew Post Kevin 
        Perry Steven S. Cliff Yongjing Zhao Justin Trousdell Ian 
        Faloona. The Transport of Asian Dust and Combustion Aerosols 
        and Associated Ozone to North America as Observed From a 
        Mountaintop Monitoring Site in the California Coast Range. 
        Journal of Geophysical Research-Atmospheres, 123(10): 5667-
        5680. 2018

   Cecilia Leoni, Petra Pokorna, Jan Hovorka, Mauro Masiol, Jan 
        Topinka, Yongjing Zhao, Kamil K#mal, Steven Cliff, Pavel 
        Mikuska, Philip K. Hopke. Source apportionment of aerosol 
        particles at a European air pollution hot spot using particle 
        number size distributions and chemical composition. 
        Environmental Pollution, 234(March 2018): 145-154.

   Hilario, M. R. A., Cruz, M. T., Cambaliza, M. O. L., Reid, 
        J. S., Xian, P., Simpas, J. B., Lagrosas, N. D., Uy, S. N. Y., 
        Cliff, S., and Zhao, Y. Investigating size-segregated sources 
        of elemental composition of particulate matter in the South 
        China Sea during the 2011 Vasco Cruise. Atmosheric Chemistry 
        and Physics. 2020

   Petra Pokorna, Cecilia Leoni; Jaroslav Schwarz; Jakub 
        Ondraek; Lucie Ondrakova; Petr Vodika; Nadzda Zikova; Pavel 
        Moravec; Miroslav Klan; Jan Hovorka; Yongjing Zhao; Steven 
        Cliff; Philip Hopke. Spatial and temporal variability of source 
        contributions to aerosol particles at a European air pollution 
        hot spot using chemical composition and particle number size 
        distributions. Science of the Total Environment. 2020

    Most publications may be found at: https://www.researchgate.net/
profile/Steven-Cliff.
Book Chapters:
   Cliff, S.S. and T.A. Cahill: ``Air Quality in the Lake Tahoe 
        Basin,'' U.S.F.S. PSW-GTR 175, In The Lake Tahoe Watershed 
        Assessment, D. D. Murphy and C.M. Knopp, (ed), 129-211 U.S.F.S. 
        PSW-GTR 175, May. 2000

   Cliff, S. S., et al: ``Climate Change Proposed Scoping 
        Plan,'' Volume II (Measure Documentation Appendix I), 
        California Air Resources Board, October 15. 2008
Books Edited:
   L.J. Amstutz: How Can We Reduce Transportation Pollution?, 
        Searchlight Books, Lerner Publishing Group, Inc., Minneapolis. 
        2015

   L.E. Carmichael: How Can We Reduce Agricultural Pollution?, 
        Searchlight Books, Lerner Publishing, Inc., Minneapolis. 2015
Limited Distribution Publications:
   Cliff, S.S., J.E. Reuter T.A. Cahill, A. Gertler, M.J. 
        Kleeman, J. Lin, D. Niemeier, and R.A. VanCuren. ``The Lake 
        Tahoe Air Quality Research Scoping Document: Determining the 
        Link Between Water Quality, Air Quality and Transportation,'' 
        Report to the Tahoe Regional Planning Agency, 93 pp. July. 2000

   Cahill, T.A., S.S. Cliff, T.M. Cahill, and K.D. Perry. 
        ``Correlation Between Aerosols and Gases at Mauna Loa 
        Observatory,'' in Climate Monitoring and Diagnostics Laboratory 
        Summary Report No. 25 1998-1999, R.C. Schnell, (ed), United 
        States Department of Commerce, p. 117, January. 2001

   Cahill, T.A., S.S. Cliff, M.P. Jimenez-Cruz, S.G. Riddle, 
        P.B. Kelly, and K.D. Perry. ``Size-resolved Trace Elemental and 
        Organic Aerosols at Mauna-Loa Observatory, Spring 2000,'' in 
        Climate Monitoring and Diagnostics Laboratory Summary Report 
        No. 26 2000-2001, R.C. Schnell and D.B. King, (ed), United 
        States Department of Commerce p. 139, January. 2002

   Steven S. Cliff. ``Air Quality Progress in the Lake Tahoe 
        Basin,'' Final Report on Tahoe Regional Planning Agency 
        Contract No. 99-00129V, December. 2002

   Thomas A. Cahill and Steven S. Cliff, co-PI's. ``Time and 
        Compositionally-Resolved Minor and Trace Elements in Aerosols 
        at the Fresno Super-Site,'' Final Report on California Air 
        Resources Board Contract No. 00-521. Submitted January. 2003

   Steven S. Cliff, PI. ``Long-range Transport of Aerosols from 
        Asia to the United States,'' Annual Report on National Oceanic 
        and Atmospheric Administration grant No. NA16GP2360, February. 
        2003

   N. Bukowiecki, F. Hegedus, U. Baltensperger, G. Falkenberg, 
        and S.S. Cliff. ``Measuring size-segregated ambient aerosol 
        filter samples with high time resolution using SR-XRF,'' Annual 
        Report on HASYLAB-DESY (Hamburg, Germany Synchrotron facility) 
        grant, December. 2003

   N. Bukowiecki, F. Hegedus, U. Baltensperger, G. Falkenberg, 
        S.S. Cliff. ``Size-segregated ambient aerosol filter sample 
        analysis with high time resolution using Synchrotron-XRF,'' 
        Annual Report on Paul Scherrer Institut (Villigen PSI 
        Switzerland) collaborative project, December. 2003

   Steven S. Cliff, PI. ``Long-range Transport of Aerosols from 
        Asia to the United States,'' Annual Report on National Oceanic 
        and Atmospheric Administration grant No. NA16GP2360, February. 
        2004

   Steven S. Cliff, PI. ``Long-range Transport of Aerosols from 
        Asia to the United States,'' Annual Report on National Oceanic 
        and Atmospheric Administration grant No. NA16GP2360, February. 
        2005 Steven S. Cliff, PI. ``Quality Assurance Analysis of 
        Filter Samples Collected during the Lake Tahoe Atmospheric 
        Deposition Study using Synchrotron X-Ray Fluorescence (LTADS-
        sXRF QA),'' Final Report on California Air Resources Board 
        Contract No. 03-344. Submitted April. 2005

   Steven S. Cliff, PI. ``Long-range Transport of Aerosols from 
        Asia to the United States,'' Annual Report on National Oceanic 
        and Atmospheric Administration grant No. NA16GP2360, August. 
        2005

   Steven S. Cliff, PI. ``Long-range Transport of Aerosols from 
        Asia to the United States,'' Annual Report on National Oceanic 
        and Atmospheric Administration grant No. NA16GP2360, August. 
        2006

   Steven S. Cliff, PI. ``Long-range Transport of Aerosols from 
        Asia to the United States,'' Final Report on National Oceanic 
        and Atmospheric Administration grant No. NA16GP2360, August. 
        2007

   Cliff, S.S. ``TransPacific Air Pollution Transport from Asia 
        to the U.S.,'' Report to the Natural Resources Defense Council, 
        September. 2007

   Kuhns, H. and S.S. Cliff et al., (D. Zhu, J. Gilles, A. 
        Gertler, Y. Zhao, S. Brown, D. Fellers, M. Pook). ``Examination 
        of Dust and Air-Borne Sediment Control Demonstration Projects 
        at Lake Tahoe.'' 2010

   Brian Kim, Jawad Rachami, Daniel Robinson, Brandon 
        Robinette, Kazumi Nakada, Saravanan Arunachalam, Neil Davis, 
        Bok Haeng Baek, Uma Shankar, Kevin Talgo, Dongmei Yang, Adel F. 
        Hanna, Roger L. Wayson, George Noel, Steven S. Cliff, Yongjing 
        Zhao, Philip K. Hopke and Pramod Kumar. Guidance for 
        Quantifying the Contribution of Airport Emissions to Local Air 
        Quality. Airport Cooperative Research Program, ACRP(71): 78 pp. 
        2012

   Ethan Elkind. Moving Dollars: Aligning Transportation 
        Spending with California's Environmental Goals. 2015

   Steven S. Cliff, Phillip T. Dube, and Simon Edwards. 
        Decarbonizing Transport for a Sustainable Future: Mitigating 
        Impacts of the Changing Climate. National Academies 
        Proceedings. 2017
Published Abstracts (each of these abstracts was accompanied by an oral 
        presentation of the same name/topic at a scientific 
        conference):
   Cliff, S.S. and M.H. Thiemens. ``Isotopic Analysis of Both 
        d18O and d17O in Atmospheric Nitrous Oxide: New Insights From 
        an Observed Mass-Independent Anomaly,'' U.S.G.S. Circ., 
        1107,63. 1994

   Cliff, S.S. and M.H. Thiemens. ``Multioxygen Isotopic 
        Analysis of Atmospheric Nitrous Oxide: Insights From an 
        Observed Mass-Independent Anomaly,'' Eos Trans. AGU 76, F116, 
        November. 1995

   Cliff, S.S. and M.H. Thiemens. ``Isotopic Analysis of 
        Atmospheric Nitrous Oxide: New Insights from and Observed Mass-
        Independent Anomaly,'' Eos Trans. AGU 77, F121. 1996

   Cliff, S.S. and M.H. Thiemens. ``Isotopic Analysis of 
        Atmospheric Nitrous Oxide. A New Atmospheric Process Indicated 
        by an Observed Mass Independent Anomaly,'' Eos Trans. AGU 78, 
        S83, May. 1997

   Cliff, S.S. and M.H. Thiemens. ``Atmospheric Nitrous Oxide: 
        New Insights From Long-Term Oxygen Isotopic Analysis,'' Eos 
        Trans. AGU 78, F105, November. 1999

   Cahill, T.A., K.D. Perry, and S.S. Cliff. ``Transport of 
        Asian Dust and Anthropogenic Pollutants to Hawaii and the 
        Eastern Pacific,'' Proceedings of the NOAA-CMDL Annual Meeting, 
        Boulder, Colorado, May. 1999

   Cliff, S.S., T.A. Cahill, K.D. Perry, and M.P. Jimenez Cruz. 
        ``Size and Time Resolved Anthropogenic Components of Aerosols 
        via Synchrotron X-Ray Fluorescence: Application to Asian 
        Aerosol Transport,'' EOS Trans. AGU 80, F148, November. 1999

   Wilcox, B.P., S.S. Cliff, M.P. Jimenez-Cruz, Thomas A. 
        Cahill, Alan W. Gertler, and Peter B. Kelly. ``Source 
        Apportionment of Ambient Particles Between Heavy-Duty and 
        Light-duty Vehicles from Relative Mass Spectra Intensities of 
        Pyrene and Hydroxypyrene by Laser Desorption Ionization Time of 
        Flight Mass Spectrometry,'' EOS Trans. AGU 81, F66, November. 
        2000

   Reuter, J.E., A.D. Jassby, S.S. Cliff, M.S. Liu, C.R. 
        Goldman, and T.A. Cahill. ``The Importance of Phosphorous 
        Loading to Lake Tahoe by Direct Atmospheric Deposition: 
        Implications for Ecosystem Management,'' EOS Trans. AGU 81, 
        F175, November. 2000

   Kelly, P.B., S.S. Cliff, M.P. Jimenez-Cruz, and Thomas A. 
        Cahill. ``Organic Aerosol Characterization at Mauna Loa 
        Observatory by Laser Desorption/Ionization-TOF-Mass 
        Spectroscopy: Size Segregated Temporal Analysis during the 
        Spring 2000 Asian Transport Period,'' EOS Trans. AGU 81, F65, 
        November. 2000

   Cliff, S.S., K.D. Perry, T.A. Cahill, M.R. Dunlap, and J.S. 
        Reid. ``Trace Elemental Composition of Time and Size Resolved 
        Aerosols During the Puerto Rico Dust Experiment (PRIDE),'' EOS 
        Trans. AGU 81, F71, November. 2000

   Cahill, T.A., K.D. Perry, and S.S. Cliff. ``Direct 
        Measurement of Size-Resolved Organic Aerosols at Mauna Loa 
        Observatory,'' Proceedings of the NOAA-CMDL Annual Meeting, 
        Boulder, Colorado, May. 2001

   Cliff, S. S., K.D. Perry, M.P. Jimenez-Cruz, and T.A. 
        Cahill. ``Application of Synchrotron-XRF to Quantitative 
        Elemental Aerosol Analysis,'' EOS Trans. AGU 82, F85, November. 
        2001

   Cahill, T.A., S.S. Cliff, M.P. Jimenez-Cruz, and K.D. Perry. 
        ``ACE-Asia: Size/Time/Compositionally resolved Aerosols During 
        ACE-Asia Using Continuously Sampling DRUM Technology and 
        Synchrotron-XRF Analysis,'' EOS Trans. AGU 82, F81, November. 
        2001

   Bench, G.., P. Grant, D. Ueda, S.S. Cliff, K.D. Perry, and 
        T. Cahill. ``The use of STIM and PESA to respectively measure 
        profiles of aerosol mass and hydrogen content across Mylar 
        rotating DRUM impactor samples,'' EOS Trans. AGU 82, F71, 
        November. 2001

   Jimenez-Cruz, M.P. S.S. Cliff, T.A. Cahill, K.D. Perry, and 
        T.S. Bates. ``ACE-Asia: Size-Resolved Sampling of Aerosols on 
        the Ronald H. Brown and U.S. Western Receptor Sites,'' EOS 
        Trans. AGU 82, F64, November. 2001

   Cahill, C.F. K.D. Perry, S.S. Cliff, M.P. Jimenez-Cruz, and 
        T.A. Cahill. ``ACE-Asia: Asian Aerosol Transport into Alaska,'' 
        EOS Trans. AGU 82, F63, November. 2001

   Tohno, S., R. Hoeller, K. Ito, Y. Onishi, C.J. Ma, M. 
        Kasahara, T.A. Cahill, and S.S. Cliff. ``Analysis of Aerosol 
        Physical and Chemical Properties on the Coast of the Japanese 
        Sea (Tango Peninsula) During ACE-Asia,'' EOS Trans. AGU 82, 
        F49, November. 2001

   Disselkamp, R.S. L.A. Barrie, S. Shutthanadan, S.S. Cliff, 
        and T. Cahill. ``Size-Segregated Aerosol Composition and Mass 
        Loading of Atmospheric Particles as part of the Pacific 
        Northwest (PNW 2001) Air Quality Study in Puget Sound,'' EOS 
        Trans. AGU 82, F37, November. 2001

   Cliff, S.S., M.P. Jimenez-Cruz, and K.D. Perry. ``Continuous 
        Aerosol Elemental Analysis at 5 Sites During the 2002 
        Intercontinental Transport and Chemical Transformation 
        Experiment (ITCT-2K2),'' EOS Trans. AGU 83, F76, November. 2002

   Perry, K.D., S.S. Cliff, M.P. Jimenez-Cruz, and T.A. Cahill. 
        ``Comparison of Size-Resolved Aerosol Chemical Composition 
        Measurements Made Under Ambient and Low Relative Humidity 
        Conditions at Trinidad Head During the ITCT 2K2 Experiment,'' 
        EOS Trans. AGU 83, F89, November. 2002

   VanCuren, R.A., S.S. Cliff, and M.P. Jimenez-Cruz. ``The 
        View from the Mountain--Comparing ITCT 2K2 Aerosol Data with 
        the Long-Term Aerosol Record at Mount Lassen, California,'' EOS 
        Trans. AGU 83, F89, November. 2002

   Robertson, S.A., K.D. Perry, S.S. Cliff, M.P. Jimenez-Cruz, 
        and T.A. Cahill. ``Determination of Chemical and Size-Resolved 
        Mineral Dust Source Profiles During ACE-Asia Using Positive 
        Matrix Factorization,'' EOS Trans. AGU 83, F130, November. 2002

   Jimenez-Cruz, M.P. T.A. Cahill, K.D. Perry, S.S. Cliff, C.F. 
        Cahill, and R.S. Disselkamp. ``Aerosol Transport to the U.S. 
        Receptor Sites During ACE-Asia,'' EOS Trans. AGU 83, F130, 
        November. 2002

   Cahill, T.A., S.S. Cliff, M.P. Jimenez-Cruz, and K.D. Perry. 
        ``Dust and Non-Dust Aerosol Outflow from Asia by Size, Time, 
        and Composition, Spring and Summer 2001,'' EOS Trans. AGU 83, 
        F130, November. 2002

   Reid, E.A., J.S. Reid, D. Westphal, S.S. Cliff, and M. 
        Dunlap. ``Mineral Dust Analysis and Application in Refining 
        Source-Region Information for the Sahara and East Asia 
        Deserts,'' EOS Trans. AGU 83, F132, November. 2002

   Cliff, S.S. and T. VanCuren. ``Estimate of Nutrient Input to 
        the Pacific Ocean from Long-Range Transport of Aerosols,'' EOS 
        Trans. AGU 84(46), Abstract B21F-0768. November. 2003

   Patris, N., S.S. Cliff, K.D. Perry, and M.H. Thiemens. 
        ``Oxygen Isotopic Anomaly in Sulfate and Nitrate as a Tracer of 
        Chemistry During Trans-Pacific Pollution Transport,'' EOS 
        Trans. AGU 84(46), Abstract A22F-02. November. 2003

   Perry, K. D., S.S. Cliff, M.P. Jimenez-Cruz, Y. Wu, C. Xie, 
        J. Zhou. ``Evidence of Soluble Sulfate Coatings on Aged Mineral 
        Dust Particles in the East Asian Region,'' Eos Trans. AGU 
        85(47), Abstract A33C-02. Fall Meeting Supplement. 2004

   Harada, Y., J.A. Waddell, S.S. Cliff, K.D. Perry, P.B. 
        Kelly. ``Chemical Analysis of Aerosols for Characterization of 
        Long-Range Transport at Mt. Lassen, CA,'' Eos Trans. AGU 
        85(47), Abstract A31C-0063. Fall Meeting Supplement. 2004

   Indresand, H., J.A. Waddell, S.S. Cliff, K.D. Perry, K. 
        Yttri, C. Dye, P.B. Kelly. ``Time Resolved Chemical Analysis of 
        anthropogenic Aerosol in Norway, a Study of Long-Range 
        Transport,'' Eos Trans. AGU 85(47), Abstract A31C-0067. Fall 
        Meeting Supplement. 2004

   Cahill, T.A., S.S. Cliff, M.P. Jimenez-Cruz, L. Portnoff, K. 
        Perry, J. McConnell, J. Burkhart, R.C. Bales. ``Aerosol 
        Transport to the Greenland Summit Site, June 2003 to August 
        2004,'' Eos Trans. AGU 85(47), Abstract A11C-0074. Fall Meeting 
        Supplement. 2004

   Johnson, B.E., M.P. Jimenez-Cruz, S.S. Cliff, and J.R. Hunt. 
        ``Enhancing Spatial and Temporal Resolution of Trace Elements 
        in Sediment Cores,'' Eos Trans. AGU 85(47), Abstract PP43A-
        0595. Fall Meeting Supplement. 2004

   Cliff, S.S. and K.D. Perry. ``Particulate Transport During 
        ICARTTITCT-2K4: Aerosol Characterization from Time-Resolved and 
        Size-Segregated Continuous Sampling and Analysis,'' Eos Trans. 
        AGU 86(52), Abstract A31A-0816. Fall Meeting Supplement. 2005

   Christensen, J.N., S.S. Cliff, R.A. VanCuren, L. Tomutsa, 
        K.D. Perry, and D.J. DePaolo. ``Using Isotopes to Track the 
        Passage of a Spring 2002 Dust Storm Over Hefei, China,'' Eos 
        Trans. AGU 86(52), Abstract A31B-0839. Fall Meeting Supplement. 
        2005

   Johnson, B.E., S.S. Cliff, K. Taylor, K.D. Perry and J.R. 
        Hunt. ``Ice Core Analysis by Synchrotron Based X-Ray 
        Fluorescence Spectroscopy,'' Eos Trans. AGU 86(52), Abstract 
        PP33C-1591. Fall Meeting Supplement. 2005

   Roy, Olivier, James Woolsey, John McCain, Tariq Ramadan, 
        Benazir Bhutto, Shimon Peres, Jacques Attali, Walid Jumblatt, 
        Reza Aslan, Shabtai Shavit, Graham Fuller, Carlos Fuentes, Wole 
        Soyinka, Gary Becker, Daniel Kaheman and Steven Cliff. ``We are 
        Breathing Chinese Air,'' in DeGlobalize the Jihad, New 
        Perspectives Quarterly, Fall. 2006

   VanCuren, R.A., S.S. Cliff and K.D. Perry. ``Mixing of 
        Continental and Marine Air in TransPacific Transport of Asian 
        Dust and Pollution--A Quasi-Lagrangian Analysis of a Single 
        Transport Event,'' Eos Trans. AGU 87(52), Abstract A43B-0143. 
        Fall Meeting Supplement. 2006

   Christensen, J.N., S.S. Cliff, R.A. VanCuren, K.D. Perry, 
        and D.J. DePaolo. ``Tracking Intercontinental Dust Transport 
        with Radiogenic Isotopes: Hefei, China to California Spring 
        2002,'' Eos Trans. AGU 87(52), Abstract A43B-0138. Fall Meeting 
        Supplement. 2006

   Hadley, O.L., C. Corrigan, T. Kirchstetter, S.S. Cliff, and 
        V. Ramanathan. ``Carbon Mass Concentration in Mountain Snow,'' 
        Eos Trans. AGU 88(52), Abstract C33A-07. Fall Meeting 
        Supplement. 2007

   Cliff, S.S., R.A. VanCuren, K.D. Perry, Y. Kim, and S. Ryu. 
        ``Mixing of Continental and Marine Airmasses and en route 
        Chemical Transformation in transPacific Transport of Aerosols: 
        Lagrangian Analysis of a Single Transport Event,'' Eos Trans. 
        AGU 88(52), Abstract A53C-1351. Fall Meeting Supplement. 2007

   Ewing, S.A., J.N. Christensen, S.T. Brown, R.A. VanCuren, 
        S.S. Cliff, and D.J. DePaolo. ``Pb isotopes track Asian 
        pollution,'' Eos Trans. AGU 89(52), Abstract H54C-04. Fall 
        Meeting Supplement. 2008

   Cliff, S.S, R.A. VanCuren, K.D. Perry, and Y.J. Zhao. 
        ``Aerosols and the Sierra Nevada Snowpack: Is the Black Carbon 
        Local?'' Eos Trans. AGU 89(52), Abstract A41E-0168. Fall 
        Meeting Supplement. 2008

   K.J. Moon, J. S. Han, Y. D. Hong, J. Y. Ahn, J. S. Kim, S. 
        J. Lee, S.S. Cliff, K.D. Perry, T. A. Cahill. ``Size-resolved 
        source apportionment of ambient aerosol in Northeastern Asia 
        during ACE-Asia.'' 2009

   VanCuren, R.A., S.S. Cliff, K.D. Perry, Y.J. Zhao. ``Sources 
        of Light Absorbing Aerosols Deposited to the Sierra Nevada 
        Snowpack,'' Eos. Trans. AGU, 90(52): A34D-07. 2009

   Depaolo, D.J., J.N. Christensen, S.A. Ewing, S.S. Cliff, 
        S.T. Brown, R.A. VanCuren. ``Isotopic Tracers to Identify Far-
        Traveled Pollutant and Mineral Aerosols in Northern 
        California,'' Eos. Trans. AGU, 90(52): A34D-01, Invited. 2009

   Hayes, P.L, A.M. Ortega, M. Cubison, W. Hu, D.W. Toohey, 
        J.H. Flynn, N. Grossberg, B.L. Lefer, S.L. Alvarex, B. 
        Rappenglueck, J.D. Allan, J. Taylor, J.S. Holloway, J.B. 
        Gilman, W.C. Kuster, J.A. DeGouw, P. Massoli, X. Zhang, R. 
        Weber, Y. Zhao, S.S. Cliff, A.S. Wexler, G.A. Isaacman, D.R. 
        Worton, N.M. Kreisberg, S.V. Hering, A.H. Goldstein, J.L. 
        Jimenez. ``Aerosol Composition in the Los Angeles Basin Studied 
        by high Resolution Aerosol Mass Spectrometry,'' 92(52): A22C-
        06. 2011

   Christensen, J.N., S.A. Ewing, S.T. Brown, R.A. VanCuren, 
        S.S. Cliff, D.J. DePaolo. ``Exploring the Temporal Relationship 
        Between TransPacific Particulate Transport and Ozone Transport 
        to Northern California Using Pb Isotopes,'' Eos Trans. AGU, 
        92(52): A23B-0133. 2011

   VanCuren, R.A., T.A. Cahill, J.F. Burkhart, J. McConnel, 
        D.Barnes, Y. Zhao, K.D. Perry, S.S. Cliff. ``Continental, 
        Volcanic, and Marine Aerosols Arriving at Summit Greenland as 
        Recorded by Continuous Aerosol Monitoring,'' Eos Trans. AGU, 
        92(52): A33D-0245. 2011

   A Post, S A Conley, Y Zhao, S S Cliff, I C Faloona, A S 
        Wexler, D Lighthall. Lower tropospheric ozone and aerosol 
        measurements at a coastal mountain site in Northern California. 
        Eos Trans. AGU, 93(52): A51-014. 2012

    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.

   Facebook: https://www.facebook.com/sscliff

   LinkedIn: https://www.linkedin.com/in/stevenscliff

   Twitter: https://twitter.com/sscliff

   Instagram: steve_cliff

   Snapchat: Account deleted 9/14/21 (hadn't logged in in over 
        2 years, so reset password and deleted account).

   Reddit: sscperiod

   ResearchGate: https://www.researchgate.net/profile/Steven-
        Cliff

    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.

   During the summer of 2017, I testified multiple times before 
        the California State legislature (on behalf of Governor Jerry 
        Brown) on California's Greenhouse Gas Cap-and-Trade Program. I 
        found no records of these testimonies.

   On December 4, 2016, I testified at a U.S. Environmental 
        Protection Agency hearing on ``Glider Trucks'' on behalf of 
        California Air Resources Board. Details are available at: 
        https://ww2.arb.ca.gov/testimony-opposing-epas-proposed-repeal-
        emission-requirements-glider-vehicles-glider-engines-
        and?utm_medium=e-mail&utm_source=govdelivery.

   In 2018, I testified before the California State legislature 
        on Zero Emissions Vehicle Program on behalf of California Air 
        Resources Board. I found no record of this testimony.

   I provided responses to Board member questions as staff and 
        executive leadership during numerous occasions during CARB 
        Board hearings from 2009-2020.

    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 have served as Deputy Administrator for NHTSA since February 2, 
2021. In that time, I've led the NHTSA team in all operational aspects 
of the agency while developing several regulations and setting the 
regulatory agenda, undertaking major enforcement actions and issuing 
the Standing General Order for Automated Vehicle technology crash 
reporting. Prior to joining NHTSA, I oversaw the vehicle emissions, 
certification and compliance regulations for the California Air 
Resources Board (CARB). I have a long-standing relationship with the 
auto industry and vast regulatory experience. I also managed a 
similarly sized budget and team of engineers, economists, and 
scientists in my CARB position. I have been a public servant my entire 
professional career, first as a research professor at a public 
university and then in California state government at two different 
departments, and most recently as Deputy Administrator of NHTSA. In 
these roles, I strive to improve the health and well-being of the 
public I serve. My aerosol research led to knowledge about global 
pollution transport, which helped improve air-quality and climate 
models. As a scientist at CARB, I analyzed the costs and benefits of 
programs to reduce air pollution and led teams developing these 
programs. And at the California Department of Transportation I 
developed programs to improve community health, local economies and 
access to destinations. NHTSA's mission is to save lives, prevent 
injuries, and reduce economic costs due to road crashes through 
education, research, safety standards, and enforcement. Fundamentally, 
this is a safety and public health mission. And like too many, I have 
lost loved ones to roadway crashes.
    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?
    As Administrator, it is my responsibility to ensure that NHTSA is 
prudent with public funds and maintains records consistent with all 
congressionally mandated, Department of Transportation, and Office of 
Management and Budget requirements to ensure accountability. This 
includes overseeing and approving annual budgets, spend plans, audits, 
and internal controls to ensure proper allocation of funds, diversity 
in hiring workforce development, and review of completed research to 
ensure evidence based economic, scientific and engineering conclusions 
that advance safety. I have led NHTSA since February 2, 2021, and prior 
to that oversaw more than 650 staff at the California Air Resources 
Board as Deputy Executive Officer.
    22. What do you believe to be the top three challenges facing the 
department/agency, and why?

   Traffic fatalities are on the rise. Each year, an epidemic 
        of more than 38,000 deaths occurs on our Nation's roads. This 
        is unacceptable. Not only must we reverse the trend, we must 
        put ourselves on track to eliminate roadway fatalities 
        altogether.

   NHTSA is woefully behind in delivering mandated regulations 
        due to limited resources and competing needs. We need to align 
        resources to current challenges and workloads to deliver new, 
        much needed safety and fuel economy improvements for the 
        future.

   Automotive technology is evolving at a rapid pace. Expertise 
        within NHTSA needs to be nimble and match that of the private 
        sector to ensure safety on our roadways.
                   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. 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? If yes:
    No.

  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 Steven Scott Cliff

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    The Chairwoman. Thank you, Dr. Cliff, and thank you for 
sharing that very personal story, painful story. Thank you for 
sharing that with us, and I'll betcha every member of the 
Committee knows of an experience just like the one you 
described and so thank your family for trying to also do 
something to establish something for young people. So thank 
you.
    Mr. Putnam, welcome. Thank you for your willingness to 
serve.

STATEMENT OF JOHN EDWARD PUTNAM, NOMINEE TO BE GENERAL COUNSEL, 
                  DEPARTMENT OF TRANSPORTATION

    Mr. Putnam. Thank you very much.
    Chair Cantwell, Ranking Member Wicker, and Members of the 
Committee, I'm humbled and honored to appear before you today 
as the Nominee for General Counsel of the United States 
Department of Transportation.
    I'd like to begin by thanking the President and Secretary 
Buttigieg for the faith that they've placed in me. This 
opportunity to serve is the privilege of a lifetime.
    I'd also like to thank my wife Christine and my wonderful 
children, parents, family, and friends who are watching 
remotely.
    Since January 20, 2021, I've served as the Deputy General 
Counsel for the department. During those last 11 months, I've 
worked with and overseen the efforts of the approximately 500 
dedicated and highly skilled department attorneys and staff 
addressing numerous transportation legal issues to improve 
safety, advance equity, strengthen our economy, address climate 
change, protect consumers, and foster innovation.
    Near term, the most significant challenge and opportunity 
that we face in the General Counsel's Office is the 
implementation of the President's bipartisan Infrastructure 
law, the once-in-a-generation law enacted through historic 
efforts of Congress last month.
    The bipartisan Infrastructure law will repair and rebuild 
our Nation's roads, bridges, and other infrastructure while 
focusing on economic opportunity, climate change mitigation, 
resilience, equity, and safety for all users.
    It makes the largest investments in public transit and rail 
passenger service in our history and improves transportation 
options for millions of Americans.
    It will also strengthen supply chains and enhance 
resilience by making necessary improvements in our ports, 
airports, rail, and highways.
    The law will help reduce carbon emissions, promote safety 
and prepare our economy for new and innovative technologies. 
The investments will create many good-paying jobs across the 
country for years to come.
    However, historic legislation like the bipartisan 
Infrastructure law must be matched with effective 
implementation that assures that its potential is achieved in a 
transparent, compliant, and accountable manner.
    The Office of General Counsel has a critical role to play 
in helping the department implement this landmark legislation. 
My experience with transportation law has prepared me well for 
this role.
    Prior to joining the Administration, I worked most of my 
career as a transportation, environmental and energy attorney 
in Denver, Colorado, and Washington, D.C. I've represented 
state departments of transportation, local governments, and 
private entities nationwide on a range of airport, highway, 
transit, energy, and other issues.
    Most recently, I served as the Director of Environmental 
Programs for the Colorado Department of Public Health and 
Environment. In my role as Director, I coordinated closely with 
other state departments, local governments, residents, and 
businesses on Colorado's roadmap for transportation projects 
and greenhouse gases, rural prosperity, greenhouse gas 
reduction, electric vehicle deployment, environmental justice, 
and other programs.
    If I have the honor of being confirmed by this committee 
and the Senate, I vow to work with you to strengthen the 
department, maintain safety as its guiding priority, and 
achieve better results for the American people.
    I further commit to continue leading an Office of General 
Counsel that is responsive to congressional oversight, the 
needs of your constituents, and the deep transportation 
expertise shared by you and your staff. I view these guiding 
principles as vital to the achievement of our shared success.
    Chair Cantwell, Ranking Member Wicker, and Members of this 
Committee, thank you again for your consideration and for the 
opportunity to appear before you. I'd be pleased to answer any 
questions that you may have.
    [The prepared statement and biographical information of Mr. 
Putnam follow:]

 Prepared Statement of John E. Putnam, Nominee to be General Counsel, 
                      Department of Transportation
    Chair Cantwell, Ranking Member Wicker, and Members of the 
Committee, I am humbled and honored to appear before you today as the 
nominee for General Counsel of the United States Department of 
Transportation.
    I'd like to begin by thanking the President and Secretary Buttigieg 
for the faith that they have placed in me. This opportunity to serve is 
the privilege of a lifetime. I would also like to thank my wife 
Kristin, and my wonderful children, parents, family, and friends who 
are watching remotely.
    Since January 20th, 2021, I have served as Deputy General Counsel 
for the Department. During those last eleven months, I have worked with 
and overseen the efforts of the approximately 500 dedicated and skilled 
Department attorneys and staff, addressing numerous transportation 
legal issues to improve safety, advance equity, strengthen our economy, 
address climate change, protect consumers, and foster innovation.
    Near-term, the most significant challenge--and opportunity--we face 
in the General Counsel's Office is the implementation of the 
President's Bipartisan Infrastructure Law, the once-in-a-generation law 
enacted through historic efforts by Congress last month. The Bipartisan 
Infrastructure Law will repair and rebuild our Nation's roads, bridges 
and other infrastructure while focusing on economic opportunity, 
climate change mitigation, resilience, equity, and safety for all 
users. It makes the largest investments in public transit and rail 
passenger service in our history and improves transportation options 
for millions of Americans. It will also strengthen supply chains and 
enhance resilience by making necessary investments in our ports, 
airports, rail, and highways. The Law will help reduce carbon 
emissions, promote safety, and prepare our economy for new and 
innovative technologies. The investments will create many good paying 
jobs across the country for years to come.
    However, historic legislation like the Bipartisan Infrastructure 
Law must be matched with effective implementation that ensures that its 
potential is achieved in a transparent, compliant and accountable 
manner. The Office of General Counsel has a critical role to play in 
helping the Department implement this landmark legislation.
    My experience with transportation law prepared me well for this 
role. Prior to joining the Administration, I worked most of my career 
as a transportation, environmental, and energy attorney in Denver, 
Colorado, and Washington, DC. I have represented State departments of 
transportation, local governments, and private entities nationwide on a 
range of airport, highway, transit, energy and other issues.
    Most recently, I served as the Director of Environmental Programs 
for the Colorado Department of Public Health and Environment. In my 
role as Director, I coordinated closely with other State departments, 
local governments, residents, and businesses on Colorado's roadmap for 
transportation projects, rural prosperity, greenhouse gas reduction, 
electric-vehicle deployment, environmental justice, and other programs.
    If I have the honor of being confirmed by this Committee and the 
Senate, I vow to work with you to strengthen the Department, maintain 
safety as its guiding priority, and achieve better results for the 
American people. I further commit to continue leading an Office of the 
General Counsel that is responsive to Congressional oversight, the 
needs of your constituents, and the deep transportation expertise 
shared by you and your staff. I view these guiding principles as vital 
to the achievement of our shared success.
    Chair Cantwell, Ranking Member Wicker, and Members of the 
Committee, thank you again for your consideration and for the 
opportunity to appear before you. I would be pleased to answer any 
questions you may have.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used): John Edward 
Putnam.
    2. Position to which nominated: General Counsel, U.S. Department of 
Transportation.
    3. Date of Nomination: October 19, 2021.
    4. Address (List current place of residence and office addresses):

        Residence: Information not released to the public.
        Office: 1200 New Jersey Avenue, S.E. Washington, D.C. 20590.

    5. Date and Place of Birth: October 19, 1968; Westfield, 
Massachusetts.
    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: Kristin Putnam, Substitute Librarian, Boulder Valley 
        School District
        Children: Audrey Rowan Putnam, age 25; Noah James Putnam, age 
        22

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

        B.A. Political Economy, Williams College (1990)
        Juris Doctor, University of Chicago Law School (1993)

    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:
   January 2021 to present
     Deputy General Counsel (Acting General Counsel), U.S. 
            Department of Transportation

   2019-2021
     State of Colorado, Director of Environmental Programs

   2003-2019
     Kaplan Kirsch & Rockwell, Partner and Managing Partner

   2001-2003
     Akin, Gump, Strauss, Hauer and Feld, Counsel
Non-Managerial Experience:
   1996-2001
     Cutler & Stanfield, Associate

   1994-1996
     Kirkland and Ellis, Associate

   1993-1994
     Law Clerk for David M. Ebel, U.S. Court of Appeals for 
            the Tenth Circuit

   Part-Summer 1992 & 1993
     Kirkland and Ellis, Summer Associate

   Summer 1991 & Part-Summer 1992
     Davis, Graham and Stubbs, Summer Associate

   Summer 1990
     Clerk, Steel City Agencies

    9. Attach a copy of your resume.
    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.

        Colorado Oil and Gas Conservation Commission: Ex Officio Member 
        (2019-2021)

        Colorado Natural Resource Damages Trustees: Ex Officio Trustee 
        (2019-2021)

        Regional Air Quality Council (semi-governmental): Chair, Vice-
        Chair and Member (2012-2021)

        City of Boulder Planning Board: Chair and Member (2013-2018)

        Transportation Research Board, Environmental Effects of 
        Aviation Committee and Climate Change Subcommittee: Member, 
        Secretary and Subcommittee Chair (2002-2014)

        City of Boulder Open Space Board of Trustees: Chair and Trustee 
        (2008-2013)

        City of Boulder Greenway Advisory Committee: Member (2008-2013)

    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.

        Kaplan Kirsch & Rockwell, LLP: Managing Partner and Partner 
        (2003-2019)

        Partners for Rural Improvement and Development in Ethiopia: 
        Chair and Board Member (2005-2021)

        Team Colorado Whitewater Racing Club: Vice President and Board 
        Member (2012-2021)

        River Management Society: Legal Advisor (2015-2019)

    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.

        Airports Council International--North America: Member and 
        Member of the Airport Environmental Steering Committee (approx. 
        2010 to 2019)

        American Canoe Association: Member (2012-2020)

        River Management Society: Member (2015-2020)

        Colorado Bar Association: Member (1996-2019) [Note: Colorado 
        Bar Association is separate from being a licensed attorney in 
        the Colorado Bar. I shifted my Bar license in Colorado from 
        active to inactive status in 2019, when I took a non-legal 
        position with the State of Colorado)

        District of Columbia Bar: Member (1994 to present) (License 
        active in DC)

        Colorado Lawyers Committee: Member (2003-2019)

        American Whitewater: Member (2012-2019)

        Rocky Mountain Canoe Club: Member (2018-2019)

        USA Canoe/Kayak: General supporter of USA team, race official/
        volunteer, racer parent (2011-2018)

        Community Cycles: Member (to 2013)

        None of these organizations 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.
    I have never been a candidate for public office. However, I have 
been appointed as Deputy General Counsel of the United States 
Department of Transportation and was appointed as Director of 
Environmental Programs of the Colorado Department of Public Health and 
Environment.
    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 served as an unpaid member of the campaign committee for Elise 
Jones, candidate for Boulder County Commissioner in 2012.
    Obama-Biden Campaign, GOTV Volunteer, 2012.
    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.

        Michael Hancock, Mayor of the City and County of Denver (2019) 
        (No record of precise amount; estimate approx. $750)

        Phil Weiser, Colorado Attorney General (2018) (No record of 
        precise amount; estimate approx. $500)

        Jason Crow, U.S. House of Representatives (2018) ($250)

        Mark Udall, U.S. Senate (2012) ($500)

        All entries above 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.

    16. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements.
    I received scholarships from both Williams College and the 
University of Chicago.
    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.
    Please see below for the most up-to-date list of publications, 
speeches and presentations that I have been able to compile, to the 
best of my recollection and ability. The list below does not include 
presentations made as part of official State business during my service 
with the State of Colorado, such as addressing State boards and 
commissions as a State official. Should any additional information be 
identified, I will promptly let the Committee know.
Publications:
        Air and Space Lawyer, The View from the Ground: Airport and 
        Community Perspectives on ATC Reform (2017) [with Nicholas 
        Clabbers and Steven Osit as co-authors]

        Kaplan Kirsch & Rockwell, ITC Phase-Down Creates Near Solar 
        Opportunities for Airport Owners (2015) [with Benjamin Israel 
        as co-author]

        Transportation Research Board, Critical Issues in Aviation and 
        the Environment (2014) [Chapter on Environmental Review with 
        Betsy Delaney, Barbara Thomson, Brad Rolf and Mary Vigilante as 
        co-authors; chapter Environmental Management Systems and 
        Sustainability Measurement with Betsy Delaney, Barbara Thomson, 
        Brad Rolf, Donald Scata, and Mary Vigilante as co-authors] 
        North American Windpower, RPS and Constitutional Challenges: 
        What to Expect Next (2014) [with Benjamin Israel as co-author]

        Boulder Daily Camera, A Job Well Done [Regarding City of 
        Boulder Open Space and Mountain Parks] (June 2014) [with Bill 
        Briggs and Ray Bridge as co-authors]

        National Academies, Transportation Research Board, Airport 
        Cooperative Research Program, State and Federal Regulations 
        That May Affect Initiatives to Reduce Airports' GHG Emissions 
        (2012) [with Lala Wu and Stephanie Tatham as co-authors]

        National Academies, Transportation Research Board, Airport 
        Cooperative Research Program, Airport Governance and Ownership 
        (2009) [with Daniel Reimer as co-author]

        Transportation Research Board, Critical Issues in Aviation and 
        the Environment (2009) [Chapter on Environmental Review Process 
        as sole authority; chapter on Airports, Nonaircraft Emissions, 
        and Climate Change with Thomas P. Klin, Burr Stewart, and Mary 
        L. Vigilante as co-authors]

        Boulder Daily Camera, Support Our Open Space [Op-Ed] (October 
        23, 2009) [with Lisa Dilling as co-author]

        Kaplan Kirsch & Rockwell and American Association of Airport 
        Executives. Airport Law Handbook (Annual Printing from 2004-
        2018) [multiple co-authors from Kaplan Kirsch & Rockwell]

        Kaplan Kirsch & Rockwell and American Association of Airport 
        Executives, Airport Air Quality Handbook (multiple printings in 
        2000s)

        Journal of Airport Management, The Law of Aviation-Related 
        Climate Change: The Airport Proprietor's Role in Reducing 
        Greenhouse Gas Emissions (October-December 2007) [with Dan 
        Reimer as co-author]

        Transportation Research Board, Critical Issues in Aviation and 
        the Environment (Aug. 2004)
Speeches and Presentations:
        American Bar Association, Section on Environment, Energy and 
        Resources Annual Conference, Perspectives and Priorities from 
        Senior Biden Administration Officials on the Biggest 
        Environmental, Energy, and Resources Challenges and 
        Opportunities (October 14, 2021)

        American Bar Association, Air and Space Law Forum Annual 
        Conference, Plenary Keynote (October 1, 2021)

        Federal Bar Association Transportation Law Section, Meet the 
        Acting General Counsel (July 2021)

        Transportation Research Board, Annual Workshop on 
        Transportation Law, Legal Updates and Perspectives from USDOT 
        Senior Legal Officers (September 2021)

        Environmental Council of the States, 2021 State Environmental 
        Protection (STEP) Meeting: Partnering on Climate, July 2021, 
        DOT climate initiatives

        Water Environment Foundation Stormwater Policy Forum, June 22, 
        2021

        Conference of Western Attorneys General, What States Need to 
        Know About the Biden Climate Change Policy (February 16, 2021)

        Denver Foundation, February 4, 2021, DOT Regulatory Issues and 
        Environment Overview

        Colorado Bar Association, January 7, 2021, Giving Voice to 
        Disproportionately Impacted Communities in Front of the Air 
        Quality Control Commission

        Colorado Forum, Multiple Presentations in 2019-2021 on 
        Transportation, Air Quality and Climate

        North Front Range Metropolitan Planning Organization, June 
        2020, Colorado Greenhouse Gas Roadmap [similar presentation 
        provided to Pikes Peak Area Council of Governments, Denver 
        Regional Council of Governments,, local governments, industry 
        groups, and environmental/community groups]

        Air and Waste Management Association, June 2020, Per-and 
        Polyfluoroalkyl Substances Issues in Colorado

        Boulder County Air Quality Forum, January 2020, State Climate 
        and Ozone Status and Objectives

        China Methane Summit, January 2020 and October 2020, State of 
        Colorado Methane Control Measures

        Speaker at Colorado Rural Electric Association and Colorado 
        Municipal Electric Association meetings on State environmental 
        and energy policy (2019-2021).

        Colorado State University Energy Institute and GTI, CH4 
        Connections: Methane Emissions Conference, panel on state 
        regulation of methane emissions, 2019

        KGNU Radio, September 17, 2019, Tackling Ozone Pollution

        Airports Council International North America, Spring 2019, 
        Droned and Confused-Managing Drones in a Rapidly Evolving 
        Airport Environment

        Airports Council International North America, Frequent speaker 
        on UAS, environmental review, climate change, air quality, 
        noise, airspace and energy issues.

        American Association of Airport Executives, annual faculty for 
        Basics of Airport Law program on airport legal compliance, 
        airport finance, and environmental issues; speaker on noise, 
        environmental and UAS issues (2004-2019)

        Colorado Municipal League, frequent speaker on aviation, energy 
        and environmental issues (Approx. 2010 to 2020)

        Rocky Mountain Land Use Institute, March 2018, Local Authority 
        to Address UAS Impacts.

        Airport Consultants Council, January 2018, Airport 
        Privatization & PPP Markets.

        River Management Society, Vancouver, WA, October 2018, 
        presentations on UAS use and regulation, and river access.

        Frequent speaker on Renewable Energy Standards and Commerce 
        Clause, 2015.

        United States Transportation Research Board, Committee on the 
        Effects of Aviation on the Environment, 2013, Overview of 
        Climate Change Regulation and Aviation.

        Rocky Mountain Land Use Institute, 2012, The Urban Frontier: 
        Managing the Urban/Open Space Interface.

        Airports Council International North America Environmental 
        Affairs Conference, June 2011, Outcome of TRB AV030 Climate 
        Change Adaptation Planning Meeting

        Rocky Mountain Land Use Institute, 2009, Coming Soon to an EIS 
        Near You: NEPA and Climate Change.

        TRB Annual Meeting January 2006, Airports and Community Land 
        Use Planning

        Rocky Mountain Land Use Institute, April 2005, The Interaction 
        of Transportation and Land Use Planning: The Dog and Tail 
        Wagging Each Other.

    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.

        Facebook: https://www.facebook.com/john.putnam.940 (active)

        LinkedIn: https://www.linkedin.com/in/john-putnam-8b98a812 
        (active)

        Twitter: @JohnPut78201791 (active)

    I also formerly operated the Facebook pages for Team Colorado 
Whitewater Racing Club and Partners for Rural Improvement and 
Development in Ethiopia. I have not done so since leaving the Boards of 
these organizations.
    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.
    I testified on behalf of the State of Colorado to the House Energy 
and Minerals Subcommittee on September 24, 2019, regarding the Methane 
Waste Prevention Act of 2019.
    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 have been working on transportation-related legal and policy 
issues since 1994, when I started practicing law in the field of motor 
vehicle emissions regulations. From 1994 through today, I have worked 
for or represented federal, state, local and private entities on a 
range of complex transportation environmental, finance, safety, and 
operational issues across multiple modes of transportation. This 
includes the 9 months I have served in my role as Acting General 
Counsel of the United States Department of Transportation.
    In addition to the work on the substance of transportation law, I 
have also led and managed teams of lawyers and government employees, 
including the Office of the General Counsel at the Department, the 
environmental programs at the Colorado Department of Public Health and 
Environment, and the law firm of Kaplan Kirsch & Rockwell, LLP, 
including through crises such as the COVID-19 pandemic.
    I wish to serve as the General Counsel of the United States 
Department of Transportation due to my commitment to the mission of the 
Department in providing safe, efficient, sustainable and equitable 
transportation for the people of the United States. The Department's 
mission matters to every one of us, as we rely on transportation to 
supply us with goods and the mobility we need to work and connect with 
families, friends, school, health care, voting, church and recreation. 
The manner in which that mobility is delivered is literally a matter of 
life or death as we seek to ensure continuing improvement in the safety 
of all modes. It also matters to our health, quality of life and 
economic success.
    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 and sound management is the 
solemn responsibility entrusted to the senior leadership of the 
Department of Transportation. It is an honor to work 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 maintains the trust of the American people, 
Congress, and this Committee.
    This includes managing the more than 100 staff in the Office of the 
General Counsel, overseeing the appropriate use of funds in its budget, 
and supporting the other Offices and Operating Administrations of the 
Department in their fiscal management, human resources and other 
critical functions.
    If confirmed, my previous experience will provide me a sound basis 
to ensure proper management and controls. This includes my 9 months as 
the Acting General Counsel at DOT and my experience as the Director of 
Environmental Programs at the Colorado Department of Public Health and 
Environment, where I was responsible for four operating divisions with 
more than 500 employees and an annual approximate budget of $80 
million. Prior to my role with the State, I was the Managing Partner of 
Kaplan Kirsch & Rockwell, LLP, a law firm with 30 attorneys in 4 
offices nationwide.
    22. What do you believe to be the top three challenges facing the 
department/agency, and why?
    First, safety has been and must be the North Star of the 
Department. The transportation system faces a number of pressing safety 
concerns that it must continue to address. After decades of reductions, 
we are seeing an upturn in the number of fatalities and injuries on our 
roads, affecting vehicle occupants, pedestrians, and bicyclists. These 
deaths and injuries are inequitably distributed among communities in 
our country. Within the Department, the surface modal administrations 
and its public and private partners need to work together to correctly 
diagnose the causes of and provide remedies for the human toll on our 
roadways. As an Operating Administration within the Department of 
Transportation, the Federal Aviation Administration must work to 
restore confidence in the aircraft certification process, while 
ensuring safety during the deployment of innovative new technologies. 
And, the Department needs to work with its partners to ensure the 
safety of passengers and workers from the CoV-SARS-2 virus, which is 
necessary both for the benefit of the people in the transportation 
system, but also for the economic recovery of the transportation 
industry, which depends on public confidence in the safety of travel.
    Second, in light of recent recovery packages such as the American 
Rescue Plan, ongoing appropriations, and pending bipartisan legislation 
on infrastructure, it is essential to ensure that the Department of 
Transportation implement these programs carefully and in a diligent 
manner to ensure that Congress' objectives are met. Increases in the 
levels of needed recovery and investment spending require enhanced 
efforts to ensure DOT grants, direct spending and lending are done 
properly through the fiscal lifecycle--from planning to oversight and 
reporting. As noted in my response to Question #21, the Office of the 
General Counsel is working with the Office of the Secretary of 
Transportation offices and Operating Administrations to meet these 
opportunities and challenges.
    Third, the Department of Transportation must make transportation 
more resilient and sustainable in light of climate challenges. Our 
transportation system, and the communities that rely on it, are facing 
unprecedented stresses from flooding, fires, storms, heat and 
instability of permafrost. These stresses will increase with continued 
climate change; we need to ensure that the system will be as resilient 
as possible to these changes. Similarly, we need to ensure that the 
transportation system reduces its emissions to slow and reverse the 
effects of a changing climate.
                   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.
    As an ancillary part of my legal work representing clients, I 
registered as a lobbyist on the Federal level for legal work I 
conducted for the City of Phoenix, Arizona, regarding airspace issues 
(2015-2018). In addition, I was registered as a lobbyist at the 
Colorado Legislature for work conducted (2009-2012) for Southwest 
Generation and the City of Golden, Colorado, regarding public utilities 
law and transportation bills, respectively.
                            c. legal matters
    1. Have you ever been disciplined or cited for a breach of ethics, 
professional misconduct, or retaliation by, or been the subject of a 
complaint to, any court, administrative agency, the Office of Special 
Counsel, professional association, disciplinary committee, or other 
professional group? If yes:

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

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

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

  d.  Provide the results of the citation, disciplinary action, 
        complaint, or personnel action.
    No.
    2. Have you ever been investigated, arrested, charged, or held by 
any Federal, State, or other law enforcement authority of any Federal, 
State, county, or municipal entity, other than for a minor traffic 
offense? If so, please explain. No.
    3. Have you or any business or nonprofit of which you are or were 
an officer ever been involved as a party in an administrative agency 
proceeding, criminal proceeding, or civil litigation? If so, please 
explain.
    I was a partner at Kaplan Kirsch & Rockwell, LLP, in 2005, when a 
lawsuit was filed against one of the firm's municipal clients was sued 
by a resident for improper payment based on claimed unlawful practice 
of law by one of the Firm's other partners. The case was dismissed in 
2005.
    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 John E. Putnam

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    The Chairwoman. Thank you. Thank you, Mr. Putnam.
    I'm going to start with you but just to tell all of you we 
have lots of questions. So it may take us a second round but 
appreciate everybody being here.
    The Department of Transportation had received 5,129 refund 
complaints, you know, about airline issues of 2021 and you are 
looking at a spring of 2022 rulemaking.
    Are you going to clarify what significant delays are? You 
know, this issue has come up about, you know, if a flight is 
delayed more than a significant--you know, the next day, are 
you going to help address that issue?
    Mr. Putnam. Thank you, Chair Cantwell.
    The rulemaking that's on the calendar for this spring is 
addressing the question of airline refunds as well as 
addressing some of the definitions of unfair and deceptive 
practices.
    We're having conversations right now with the Aviation 
Consumer Protection Advisory Committee, the ACPAC, on that 
question of delays and how to define those significant delays 
and the characterization of those delays by the airlines. So we 
anticipate that that would be the subject of potentially future 
rulemaking based on whatever recommendations the ACPAC may 
have.
    The Chairwoman. Thank you.
    And will Section 102 of the Aircraft Safety and 
Certification Accountability Act set a deadline for the FAA to 
issue a final rule on safety management systems? Will you work 
to meet this deadline and work with us and others on the 
implementation of this?
    Mr. Putnam. Thank you, Senator Cantwell.
    The answer is absolutely yes, it's a regulatory priority 
for me and for the department to ensure that we're able to 
extend safety management systems across aviation but certainly 
covering aviation manufacturing.
    The Chairwoman. Thank you.
    Dr. Cliff, what is your plan to address the regulatory 
backlog related to the mandates in the bipartisan 
Infrastructure bill? There are 11 new vehicle safety 
rulemakings, including mandates for advanced safety 
technologies, such as automatic emergency braking, lane-keep 
assist, impaired monitoring, so, but I already know you're 
facing a big backlog.
    So how are you going to help us get these issues addressed?
    Dr. Cliff. Thank you, Chair Cantwell, for your question.
    Thankfully, the bipartisan Infrastructure law provides a 
lot of additional resources for the department, as I mentioned, 
a 50 percent increase in our budget. There is a number of 
rulemakings, as you note, that have been mandated by previous 
surface transportation bills and there is a serious backlog 
there as well as a number of new mandates in the recent 
bipartisan Infrastructure law.
    If confirmed, I will make it a priority to get rid of the 
backlog as well as work with this committee to ensure that 
we're moving forward on the new mandates. In fact, as Deputy, 
I've been working diligently with my team to address the 
backlog and as you may have seen from the fall Unified 
Regulatory Agenda, we have aggressive deadlines for those 
rulemakings.
    We're looking forward to using the new resources and 
appreciate your leadership on getting those resources to us to 
help address these needed rules.
    The Chairwoman. Thank you.
    Rear Admiral, if confirmed, you will oversee the Merchant 
Marine Academy. You've heard a lot of the challenges that we 
are facing there. A report found that the Academy suffers from 
the staffing and leadership to solve some of these problems.
    If confirmed, are you willing to step in personally to 
restore and fix these issues at the Academy, including 
addressing this issue of sexual assault?
    Admiral Phillips. Thank you, Chair Cantwell, for your 
question.
    Yes, I am willing to step in personally to work to address 
the challenges at the Merchant Marine Academy, particularly 
starting with the challenges regarding sexual assault and 
sexual harassment, but also I'm familiar with the outcomes and 
reporting from the NAPA report and will work diligently with 
your staff and others and also with the staff of the Maritime 
Administration and DOT who have worked diligently on these 
issues already to continue their hard work and to make 
significant progress for the Maritime Academy.
    The Chairwoman. Including working with us on drafting 
legislation?
    Admiral Phillips. Yes, Chair Cantwell,----
    The Chairwoman. Thank you.
    Admiral Phillips.--I will work with you on drafting 
legislation.
    The Chairwoman. This is really important across every 
agency that we oversee, particularly when there's this element 
of safety and oversight. We have just got to get clear about 
where agencies are and where we are and what we can do to 
implement them. There's just so much change happening. We just 
have to be more in sync and working together and if people 
don't support something, they can tell us, but we have to get 
to a common ground on many, many of these issues.
    Do you support the Jones Act?
    Admiral Phillips. Yes, Chair Cantwell, I support the Jones 
Act. Thank you for the question.
    The Chairwoman. OK. Thank you.
    And last to you, back to you, Mr. Putnam, I mentioned in my 
opening statement this issue on the California spill. Part of 
the issue is that, you know, we have so much anchorage, so we 
just need additional safeguards in this system.
    Will you commit to reviewing the regulations in light of 
the California spill and implementing programs to help us have 
more oversight on responding to alarms and to this issue of too 
much anchorage around pipelines?
    If we basically have given exemptions to allowing ships to 
anchor there and then there's just so much more traffic and 
congestion, you know, we're putting ourselves at risk.
    Mr. Putnam. Thank you, Chair Cantwell.
    The answer is yes, we are reviewing the California incident 
as well as other incidents and will continue that process, 
especially including the implementation of the PIPES Act of 
2020.
    The Chairwoman. Thank you, and beyond.
    Mr. Putnam. And beyond.
    The Chairwoman. Thank you.
    Senator Wicker.
    Senator Wicker. Thank you very much, Madam Chair.
    Dr. Cliff, the Chair is correct. We've got a lot that we 
need to get to.
    94 percent of the fatalities in automobile deaths are as a 
result of human error. You agree with that statistic, do you 
not, Dr. Cliff?
    Dr. Cliff. I think behavioral circumstances are a factor in 
94 percent. I wouldn't necessarily say it's human error in all 
cases but it is a factor.
    Senator Wicker. Behavioral--OK. And we're past the point of 
having to debate whether automated vehicles will provide much 
more safety for the American driving public. We're past that 
point, are we not?
    Dr. Cliff. Well, thank you, Ranking Member Wicker.
    That's a great question, and I believe, as Secretary 
Buttigieg has said, that automated driving systems offer the 
potential for much more safety as a result of a statistic that 
you mentioned as well as offering the opportunity to drive down 
the cost of transportation and provide more environmental 
standards.
    Senator Wicker. OK. It's at least a two-fer there. Well, 
Senator Thune and I wrote a letter in October raising concern 
about the apparent lack of agency action regarding autonomous 
vehicle technologies this year, received a response last night 
which I'd ask unanimous consent to insert into the record at 
this point.
    The Chairwoman. Without objection.
    [The letter referred to follows:]

                          U.S. Department of Transportation
                                  Washington, DC, December 15, 2021

Hon. Roger F. Wicker,
Ranking Member,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.

Dear Ranking Member Wicker:

    I am responding to your October 22, 2021 letter to Secretary of 
Transportation, Pete Buttigieg, requesting information on the U.S. 
Department of Transportation's (DOT) policy on promoting the safe 
deployment of autonomous vehicles (AVs) within the United States. The 
Department greatly appreciates your attention to this important matter.
    Safety is DOT's top priority. The Department shares your concern 
about the alarming number of lives lost on our roads each year. In 
response to this crisis, we are establishing the first ever National 
Roadway Safety Strategy to bring together work being performed across 
the Department and identify a comprehensive set of actions to reduce 
injuries and deaths on our Nation's roadways. The strategy, which will 
be released in January 2022, will target our most significant problems, 
with actions that are expected to have the most substantial impact. We 
are taking a safe systems approach to developing guidelines and 
regulations and believe that vehicle technology will play a major role 
in this strategy.
    As part of its focus on vehicle technology, the Department is 
pursuing several important regulatory initiatives to advance the 
deployment of life-saving technologies available to consumers today. In 
the Spring 2021 Unified Agenda of Regulatory Actions, the National 
Highway Traffic Safety Administration (NHTSA) announced two rulemakings 
that will propose automatic emergency braking performance requirements 
for heavy and light vehicles and add pedestrian automatic emergency 
braking performance in light vehicles. In the most recent Unified 
Agenda of Regulatory and Deregulatory Actions, the Federal Motor 
Carrier Safety Administration (FMCSA) announced a rulemaking 
complementary to NHTSA's heavy vehicle automatic emergency braking 
rulemaking, which will seek information and comment on the maintenance 
and operation of automatic emergency braking systems by motor carriers. 
NHTSA also is working on updates to its New Car Assessment Program (the 
5-Star safety ratings program) to include modern vehicle safety 
technologies that can prevent crashes, improve safety for vulnerable 
roadway users, and promote safer behaviors.
    Your letter also asks about DOT's plans to address automated 
driving system (ADS) technologies. The Department sees ADS technologies 
as a promising, but not yet mature, component of the vehicle technology 
spectrum, and recognizes they present potential significant safety 
enhancement opportunities. The Department currently is evaluating a 
variety of ADS policy initiatives for both light-and heavy-vehicle 
platforms that would assist in furthering innovation while ensuring 
safety (including cybersecurity) for both transportation workers and 
passengers, and promote American competitiveness.
    The Department will continue to make progress on ADS issues over 
the course of the next year. Importantly, NHTSA will continue 
implementing its Standing General Order (SGO) on incident reporting for 
ADS and Level 2 Advanced Driver Assistance Systems. The SGO mandates 
timely crash reporting, which provides NHTSA with timely access to 
critical data that will help identify potential safety issues. NHTSA 
believes this approach will provide a valuable tool to assist in the 
safety oversight of vehicles with ADS. In addition, in the coming 
months, NHTSA expects to issue a final rule for ``Occupant Protection 
for ADS'' (2127-AM06), which would address the crashworthiness 
regulations that may be necessary to facilitate the certification of 
new vehicle designs equipped without driver controls. As stated in the 
most recent Unified Agenda, NHTSA expects to issue this final rule in 
February 2022.
    Regarding your question on Departmental plans to address these 
technologies in rulemakings covering both passenger and freight 
vehicles, the Department is engaged in several additional regulatory 
actions related to ADS technologies for both passenger and commercial 
vehicles. NHTSA has ongoing rulemakings concerning many areas of ADS 
regulation, including rulemakings on ``Framework for Automated Driving 
Systems Safety'' (2127-AM15), ``Facilitating New Automated Driving 
System Vehicle Designs for Crash Avoidance Testing'' (2127-AM00), and 
``Considerations for Telltales, Indicators and Warnings in Vehicles 
With Automated Driving Systems'' (2127-AM07). FMCSA also continues its 
work on a notice of proposed rulemaking (NPRM) for ``Safe Integration 
of Automated Driving Systems-Equipped Commercial Motor Vehicles'' 
(2126-AC17). As stated in the most recent Unified Agenda, FMCSA expects 
to issue this NPRM in June 2022.
    As it relates to your final question about avoiding prescriptive 
requirements for these technologies, DOT's top priority is safety, and 
we strive to provide a regulatory framework for ADS technologies that 
is based on enforceable, performance-based requirements that allow for 
innovation, flexibility and competition in achieving the necessary 
safety outcomes. In doing so, consistent with Executive Order 12866, 
Regulatory Planning and Review, these rulemakings will assess the costs 
and benefits of available regulatory alternatives, including both 
quantifiable and qualitative effects.
    Thank you for your continued interest in promoting safe 
transportation in the United States and American competitiveness.
    If you have any additional questions, please contact Mohsin Syed, 
Deputy Assistant Secretary for Congressional Affairs, at 
[email protected]. A similar response has been sent to Senator Thune.
            Sincerely,
                                            John E. Putnam,
                                            Deputy General Counsel.

    Senator Wicker. Thank you, Madam Chair.
    Let me ask you, Dr. Cliff. What actions will NHTSA take on 
with regard to AVs that my letter addressed? Can you outline 
for the Committee actions NHTSA will take in, say, the next 6 
months with regard to autonomous vehicles, and will the Roadway 
Safety Strategy set to be released next month include policy on 
autonomous vehicles?
    Dr. Cliff. Thank you for the question, Ranking Member 
Wicker.
    Our approach to automated driving technologies is to 
optimize safety while also leaving room for innovation. Nothing 
in the Vehicle Safety Act gets in the way of the safe testing 
and piloting of these technologies.
    The approach that we are taking is to ensure that we have 
more data to help inform future actions and in light of that, 
we this summer put forth a Standing General Order which 
requires the reporting of crash safety data to NHTSA.
    It's important that we have those data because in order for 
us to move forward on any sort of rulemaking, we need 
additional data and research to inform those actions. So the 
data that we're collecting as part of this Standing General 
Order is a first step in determining what further actions will 
be necessary.
    Senator Wicker. So the answer would be because we haven't 
been able to collect the data quite as soon as we had hoped, 
we're going to have to wait on setting out our plan for the 
next 6 months to a year.
    Dr. Cliff. Thank you, Ranking Member Wicker.
    We have put out a rulemaking that establishes a framework 
for autonomous vehicles and we collected a number of comments 
on those and we're still reviewing those comments. So I think 
there's a number of actions that the department can take, 
including research, the data collection efforts that I 
mentioned, and looking at the stakeholder comments on the 
framework that will help inform future actions.
    Senator Wicker. This is going to save lives. I hope we can 
speed it along and you want to be careful. I want you to be.
    Mr. Putnam, I voted for the bipartisan Infrastructure bill 
and its got a lot of hard infrastructure in it and really not 
much more, contrary to some of the things we heard, but there 
is concern about the pace of Federal permitting. The Department 
of Transportation has an opportunity to make a lot of 
investments.
    What steps will you take to improve and speed the 
permitting process and do you agree that's a problem?
    Mr. Putnam. Thank you, Ranking Member Wicker.
    Certainly ensuring rapid permitting will be critical to 
realizing the potential of the bipartisan Infrastructure law 
and so we are taking a number of steps. First and foremost will 
be implementing the One Federal Decision provisions of that law 
that include a number of steps to streamline the permitting 
process.
    But we're looking beyond that point. The potential for new 
categorical exclusions, the potential for other process 
improvements, so that we can speed along those approvals, focus 
on the ones that deserve the attention and clear the way so 
that we can, you know, move not impactful and likely impactful 
projects.
    Senator Wicker. OK. You know, Madam Chair, I think probably 
there will be an opportunity for questions for the record.
    I want to thank you, Madam Chair, for underscoring what I 
said about MARAD and other agencies working with the 
legislative branch to help us get the legislation right and 
also I would say that it seems to me, having been at sea 
numerous times, Rear Admiral Phillips will be in a great 
position to understand what our midshipmen go through on the 
sea and also to emphasize the importance of actually having 
that senior, it's supposed to restart December 22nd, and we 
expect the leadership to go through with what they've told us 
there, but I think perhaps I'll have a chance to get back in 
and ask that question.
    But we have to me a resource who's been to sea, who perhaps 
has experienced what our young cadets are seeing now and is in 
a position to really help us get a grasp on how to stop these 
harassments and attacks.
    Thank you, Madam Chair.
    The Chairwoman. Well, thank you. Thank you, Senator Wicker. 
Thank you for those comments.
    Senator Klobuchar.

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

    Senator Klobuchar. Thank you very much, Chairwoman. Thank 
you to our nominees. Congratulations.
    I'm going to actually just focus my questions with Dr. 
Cliff because I've long been involved in working on distracted 
driving way back to actually when Ray LaHood was the head of 
the Department of Transportation and took on this issue as one 
of his major, major focuses, and I think that's because we know 
it's really actually gotten worse.
    Eight people die and more than 1,000 are injured every day 
in crashes involving distracted driving and earlier this year I 
introduced a bill to create a grant program with NHTSA to 
encourage states to implement laws banning all non-navigational 
mobile device viewing while driving, such as streaming videos 
or video calls on cell phones.
    I've personally seen drivers doing this in my own state 
driving by them and then you see someone on a video call and 
the bill was signed into law last month as part of the 
bipartisan Infrastructure law.
    Could you talk about how important it is to educate drivers 
and especially teens about the dangers of distracted driving 
and what more we need to do? I mean, there's carrots and 
there's sticks, but more needs to happen.
    Dr. Cliff. Thank you for the question, Senator Klobuchar, 
and I appreciate your leadership on this issue.
    As you probably know, more than 3,000 people die each year 
due to distraction and that number is very likely 
underreported. That's because it's very difficult to determine 
distraction as a cause for roadway fatality. Nevertheless, we 
know that it's a really important issue and we're committed to 
working on this.
    We appreciate the new resources that are in the bipartisan 
Infrastructure law to help us do additional research on this 
and we actually look at the states and local actions that can 
be taken to educate those in their states when distraction is a 
particular issue.
    So thankfully about a 30 percent increase in the budget 
that goes to state highway safety offices will help in that 
education role that you mentioned.
    Senator Klobuchar. Right. And I think you note how 
important that increase is going to be in your testimony.
    So one survey found that only about 21 percent of car 
owners consider car recalls to be a top priority and the 
bipartisan Infrastructure law included a bill that I introduced 
with Senators Markey and Blumenthal to direct NHTSA to study 
ways to incentivize vehicle owners to get their recalled cars 
repaired as well as ways to make recall notices more accessible 
and easier, I've had my own experience with this, I'm sure 
everyone has, for consumers to understand.
    Could you talk about how we need to do better to get 
vehicles needed repairs?
    Dr. Cliff. Yes, thank you, Senator, for that question.
    Recalls are a great way to enhance safety before an issue 
actually occurs. If we know that there's a problem with a 
vehicle that needs to be addressed, then we want that vehicle 
to be fixed and the bipartisan Infrastructure law, as you 
mentioned, does have additional resources to help incentivize 
in particular departments of motor vehicles who have a 
relationship with the vehicle owner to get information out 
about recalls.
    I will just note that for anyone who has a vehicle, there's 
an opportunity to check for recalls. You'll be surprised if you 
go to our website, put in your VIN number or download the Safer 
Car app, and it will inform you if there is a recall. So for 
anyone----
    Senator Klobuchar. OK. I didn't know that. That's helpful 
to know.
    OK. Last subject, next generation 9-1-1, Senator Burr and I 
head up that caucus of 9-1-1 and one of our key focuses, and 
there have been many improvements for an updated 9-1-1 system, 
better operability and the like, interoperability, and the 
Senate Reconciliation bill, the Build Back Better bill includes 
$500 million for NHTSA to begin modernizing the 9-1-1 systems 
in a way that I think we really need and I know this for NTIA. 
I'm sorry.
    Can you speak to the importance of upgrading 9-1-1 systems 
and your plans for coordinating with NTIA, if confirmed?
    Dr. Cliff. Thank you, Senator, for that question.
    We do look forward to coordinating with NTIA should that 
bill pass. Next Gen 9-1-1 is a very critical element, I think, 
of our emergency medical services system. Two out of five crash 
victims is alive when emergency medical responders get on scene 
and so having better 9-1-1 systems to help coordinate with 
primary care is a real opportunity to improve outcomes for 
crash victims and we definitely will work, if confirmed, with 
NTIA to provide any information that we have to make that 
program successful.
    Thank you.
    Senator Klobuchar. Exactly. All right. Thank you very much.
    The Chairwoman. Thank you, Senator Klobuchar.
    Next is Senator Fischer, then Senator Tester, then Senator 
Blackburn.

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

    Senator Fischer. Thank you, Madam Chair. Thank you to our 
nominees for being here today.
    Dr. Cliff, on October 28, NHTSA reported that in the first 
6 months of 2021 traffic fatalities increased by over 18 
percent from the same time last year. NHTSA went on to say that 
the estimated 20,160 deaths is the highest projected in the 
first half of the year since 2006.
    Based on your understanding, why are we seeing this 
concerning increase in highway fatalities?
    Dr. Cliff. Thank you, Senator, for your question.
    The contributing factors are the same as those that we saw 
pre-pandemic but during the pandemic, we've seen that drivers 
are willing to take riskier actions; that is, excessive 
speeding, impaired driving, both alcohol-impaired and drug use, 
as well as being unbelted. More than 10,000 fatalities that are 
reported are those among individuals who were not wearing a 
seatbelt.
    So more education about the dangers of risky driving is 
going to be extremely important as well as new technological 
improvements that will help reduce some of those trends that we 
see from the uptick in fatalities that you note.
    Senator Fischer. In the bipartisan Infrastructure bill that 
was passed, it provides NHTSA with $2.7 billion in new funding 
over the next 5 years. As you noted in your testimony, this is 
roughly a 50 percent increase from the FAST Act levels.
    How do you plan on using the new funding and specifically 
how do you plan on focusing it concerning this concerning spike 
we're seeing?
    Dr. Cliff. Thank you, Senator, for your question.
    About two-thirds of NHTSA's budget goes through to states 
for the State Highway Safety Programs. So a large portion of 
that money will flow to the states in order to provide more 
opportunity for states to focus on issues that they determine 
are leading to traffic crashes. So that's one of our 
opportunities.
    We also have a huge increase in the research budget. That 
will provide us more opportunity to do vehicle safety research 
as well as behavioral research and then, very importantly, the 
electronic data transfer and crash investigation sampling 
system will give us more real-time data and better information 
about what leads to crashes so that we can put forth 
interventions, policy interventions that help drive down those 
terrible outcomes.
    Senator Fischer. Thank you.
    Admiral Phillips, how would you assess the overall state of 
the surge sealift? We had a conversation earlier and I 
appreciated your comments on it, but how would you address 
that?
    Admiral Phillips. We did, Senator, for sure. Thank you very 
much for your question.
    As you pointed out in our earlier discussion, we talked 
about the need to maintain a strong and vibrant sealift support 
system in support of our national infrastructure and in support 
of our national security, and we know from numerous studies 
that we are not there and so should I have the honor to be 
confirmed, I look forward to working with you and with this 
committee and your staff and the many stakeholders involved in 
this, DoD, Transcom in particular, and others, to find ways to 
try to close those gaps and reach a satisfactory state of 
strategic sealift in support of our national security missions.
    Senator Fischer. Do you have any ideas how we can move 
quickly on that?
    Admiral Phillips. Well, thank you for that.
    Senator Fischer. We also talked about government. It just 
takes forever to get things done and it's hard to move at a 
pace that we need to really face and address the threats that 
are out there.
    Admiral Phillips. Thank you for that question and comment, 
as well, Senator, for sure.
    As we discussed, it is challenging. However, it is my 
understanding that within the Maritime Administration right now 
there is work underway to begin to recapitalize the Ready 
Reserve Force now that will begin to provide some modernization 
of that force which, you know, is essential and so near term 
continuing and, where possible, finding ways and should I have 
the opportunity to be confirmed, I look forward to working on 
such things to accelerate those programs. It's a critical first 
step to achieving what we know we need to accomplish our 
national security goals.
    Senator Fischer. Thank you. Thank you, Madam Chair.
    The Chairwoman. Thank you, Senator Fischer.
    Senator Tester.

                 STATEMENT OF HON. JON TESTER, 
                   U.S. SENATOR FROM MONTANA

    Senator Tester. Thank you, Madam Chair.
    Dr. Cliff, you pointed out in your opening statement what's 
gone on with the fatalities around the country and Montana's no 
exception. You also talked about the fact that there's more 
dollars for you to work with to actually do some good things 
when it comes to addressing fatalities.
    Could you be somewhat specific in some of the things you're 
looking at where the greatest opportunity is for fatality 
reduction on our highways?
    Dr. Cliff. Thank you, Senator Tester, for that question.
    One of the issues, and you mentioned Montana, where rural 
fatalities are quite a challenge, we know that about 19 percent 
of the population is in rural communities but about 45 percent 
of the fatalities are in rural communities.
    So one of the things that we find in our research is that 
those who are unbelted is one of the leading causes of 
fatalities in rural communities. So we've actually developed 
some campaigns directed at rural communities to get the word 
out about the need to use seatbelts and that's an opportunity 
to very quickly drive down the numbers that you cite.
    As well, we have additional research into technologies that 
can help improve outcomes. The New Car Assessment Program is 
one of those where there's an opportunity to provide 
information to consumers about the safety of vehicles and I 
think there are new technologies, as well, that we can help 
implement.
    Senator Tester. I agree with the opportunity to educate in 
rural America. I've had personal experience. We've all had 
these experiences. My son-in-law and grandson would probably 
have been killed if they hadn't been wearing seatbelts a few 
years back.
    But what mode do you deliver that information in? Rural 
America is a little different puppy than urban areas and 
getting that information out's often tough.
    Dr. Cliff. Yes, thank you for that question.
    So there's a couple of things. One, we actually do surveys 
and look at what sorts of messages connect most with rural 
drivers.
    Senator Tester. OK.
    Dr. Cliff. So we actually established and very recently put 
out a new advertising campaign. This is a TV ad that speaks 
directly to rural Americans about the need to use seatbelts.
    Senator Tester. So cell phones have been brought up several 
times here. In Washington, D.C., I live about six blocks from 
this building, and every once in awhile I actually drive here 
and I'm going to tell you in that six blocks almost without 
exception every morning there's at least one person and 
oftentimes more than I have fingers that are talking on a cell 
phone not paying attention to traffic lights, not paying 
attention to what's going on around them.
    We can study this issue and we're probably all guilty of 
this at some point in time in our driving history, too, I know 
I have been, but it's not acceptable. I think it's worse than 
drunk driving, quite frankly, and drunk driving's really bad.
    What are we going to do about this? I mean, I know there's 
a lot of local communities that have passed laws, but what can 
we do at the Federal level? We can study the hell out of it. We 
know what the problem is.
    Dr. Cliff. Thank you for that question.
    I think there is a real opportunity to continue messaging 
about cell phone use and about distraction in general. As I 
noted earlier, it accounts for more than 3,000 fatalities each 
year, but we think that that's vastly underreported.
    Senator Tester. I would agree.
    Dr. Cliff. And I think there is much more opportunity for 
education and we need to take much more of a safe systems 
approach.
    The issue is that people make mistakes, but if an 
individual makes a mistake should not lead to their death. So 
we need to be thinking more holistically about how to address 
safety from the driver to the vehicle to the technology in the 
vehicle to the infrastructure.
    Senator Tester. Yes. Well, I just hope that you're able to 
do something on those things. I mean, truthfully, I think we 
know what the problem is. I think real solutions on reducing 
death and actual physical action can help a lot, and I'm not 
big on, you know, putting restrictions on people, but on the 
other hand, we need to figure out how to fix this.
    I have really one question for Mr. Putnam and we talked 
about rapid permitting with some of the previous questioners, 
and I think that timely permitting is going to be critically 
important on a bipartisan infrastructure package and others.
    How do you square rapid permitting with public input?
    Mr. Putnam. Thank you, Senator Tester, and I missed the 
very last part of the question.
    Senator Tester. OK. How do you square rapid permitting with 
public input on the projects?
    Mr. Putnam. And thank you for that question, Senator 
Tester. It's a great question.
    So very little of the process time usually involves 
actually getting input from the public. There's a lot of time 
leading up to it, a lot of time after that, and so I think part 
of it is really focusing on those elements, not, you know, 
collecting the public input.
    It's vital that we get that public input early because that 
actually can help focus on actual issues and problems, solve 
those problems early, so you can get a project on the track to 
success, get a better project at the end of the day.
    It is a balance and will be one of the areas that we're 
looking at closely, but we're committed to getting that public 
input. It's essential. It's the law, but also leads to better 
process outcomes.
    Senator Tester. Thank you, all.
    Madam Chair, I hope we can get these people out of 
committee quickly. I think they're good people and hopefully we 
can get them to the Floor and nobody holds them up so we can 
get these folks in their jobs. I think it's important. Thank 
you.
    The Chairwoman. Thank you. Thank you, Senator Tester.
    Senator Blackburn.

              STATEMENT OF HON. MARSHA BLACKBURN, 
                  U.S. SENATOR FROM TENNESSEE

    Senator Blackburn. Thank you, Madam Chairman, and 
congratulations to each of you on your nominations and for 
being there.
    Mr. Putnam, I want to come to you. We had a good hearing 
yesterday with our airline execs and we had a little bit of 
conversation about spectrum and I'm sure you've seen that the 
FAA had come up. They were voicing some last-minute opposition 
to 5G deployment and creating problems that 39 countries have 
already deployed 5G. Nobody has had these problems or concerns.
    DOT does have some significant spectrum holdings and that 
mid-band spectrum, we're going to need to, if it's not being 
used, if it is fallow, we need to get it back, we need to 
recoup it, we need to auction it and get it out there.
    So I would like to hear from you how you would see working 
with the NTIA and with the FCC to ensure that spectrum is going 
to move into the pipeline and get there for consumers and that 
we are wisely managing the spectrum.
    Mr. Putnam. Thank you for your question, Senator Blackburn.
    Certainly there is great economic value associated with 
providing additional spectrum, but at the same time we need to 
ensure as the Department of Transportation and certainly with 
the Federal Aviation Administration that the provision of that 
spectrum is safe and that it does not interfere with critical 
safety systems, like radio altimeters, which I know----
    Senator Blackburn. OK. Well, then, let me ask you this. 
What is it that the other 39 countries are doing where they've 
had no problem that we are not doing?
    Mr. Putnam. Senator Blackburn, it's a great question. Many 
of those countries have actually implemented controls on the 
level of power associated with the transmitters in those areas. 
They have geographic restrictions, you know, relative to 
airports and other locations.
    Senator Blackburn. What do you think this is a solvable 
problem?
    Mr. Putnam. Senator Blackburn, I do believe it is a 
solvable problem which is why the department and the Federal 
Aviation Administration are working with FCC, working with the 
communications providers, and the aviation industry to try to 
address those, to craft those mitigations so that we can come 
up with a solution that works both for safety and for 
telecommunications.
    Senator Blackburn. OK. So what kind of timeline do you see 
as being a workable timeline because no one else has had any of 
these problems? We are looking at the importance of 5G and that 
rollout not only for security here in the country but also we 
look at it as a competition issue when we talk about China.
    So I find it very interesting that all of a sudden out of 
nowhere come these reservations and these last-minute concerns 
which, quite honestly, are appearing the more we hear about 
this and learn about it. They appear to be unfounded concerns.
    Mr. Putnam. Senator Blackburn, with regard to your original 
question in terms of timing, we're looking at this as a top 
priority of the department and the Federal Aviation 
Administration and so really looking at weeks and months to 
craft those solutions, given the decisions of the FCC.
    These were issues that were raised by FAA years in the past 
and the sense from the department is that they had not been 
fully addressed and so FAA did need to address those. They are 
real and significant concerns, as identified by the aviation 
stakeholders yesterday.
    Senator Blackburn. OK.
    Mr. Putnam. That being said,----
    Senator Blackburn. Let me move on to Dr. Cliff, if I may. 
I'm about out of time.
    But, Dr. Cliff, autonomous vehicles and the deployment of 
autonomous vehicles, I'd love to hear a couple of things from 
you about what you think are the steps we need to take to 
ensure safety in this near-term deployment of the AVs.
    Dr. Cliff. Thank you, Senator Blackburn.
    We really need to optimize safety as these technologies are 
being piloted and testing and research is occurring.
    One of the things that we have done recently is the 
Standing General Order which requires reporting of critical 
safety data to NHTSA on a timely basis. So that tells us 
information about whether vehicles have any safety problems, 
whether there's defects that need to be addressed, and any 
other critical safety information.
    As well, we really haven't taken anything off the table. So 
we're trying to ensure that our current safety standards are 
maintained in place as innovation occurs and so we want to 
optimize safety while we allow for that innovation.
    Senator Blackburn. OK. All right. Thank you, Madam 
Chairman.
    The Chairwoman. Thank you.
    There were several people that I know--I'm not sure. We 
can't see who's logged--if anybody else has logged on.
    Anyway, Senator Hickenlooper.

             STATEMENT OF HON. JOHN HICKENLOOPER, 
                   U.S. SENATOR FROM COLORADO

    Senator Hickenlooper. Thank you, Madam Chair. Thank all of 
you for your willingness to serve, appreciate your wide 
diversity of careers.
    Mr. Putnam, obviously I'm always happy to have a Coloradan 
before us. You previously served as Director of Environmental 
Programs at the Colorado Department of Public Health and the 
Environment.
    DOT recently released a Climate Action Plan to ensure some 
of the infrastructure projects consider climate change impacts, 
incorporates adaptation resilience solutions.
    Describe how your prior experience with sustainability is 
going to help guide DOT's implementation within the bipartisan 
Infrastructure bill.
    Mr. Putnam. Thank you, Senator Hickenlooper. It's good to 
see you again in D.C. as well as in Colorado.
    So in my previous experience have worked on the development 
of projects, the approval of projects, and understand how the 
permitting process, the financing process for these projects 
work, and so understand how incorporation of sustainability 
principles can work their way into these projects, you know, 
from the very beginning of design all the way through approval 
and implementation.
    Beyond that point, in my experience with the State 
Department of Public Health and Environment, coordinated on the 
development of greenhouse gas roadmap for the state that 
included a number of specific elements, including 
transportation.
    Senator Hickenlooper. Great. Well, we look forward to 
seeing your work at DOT.
    Admiral Phillips, I apologize for having the confusion in 
our meeting yesterday. In October, the Biden Administration 
announced several supply chain actions, such as expanding the 
hours of operation at the Port of Los Angeles.
    The Maritime Administration is going to receive funding 
from the bipartisan Infrastructure bill to the tune of $2.5 
billion for the Port Infrastructure Development Program.
    How will the Maritime Administration use this funding to 
address the supply chain issues?
    Admiral Phillips. Well, Senator Hickenlooper, thank you for 
that question and I'm honored to have an opportunity to speak 
with you today.
    In particular, as you're aware, I'm not yet in the 
building, but the program that is most effective in the context 
of addressing supply chain issues from the Maritime 
Administration's perspective will be the Port Infrastructure 
Development Program. This is already in existence. It has been 
very effective.
    However, through this generational opportunity with the 
bipartisan Infrastructure law, we will be able to do a lot more 
with that particular program and should I have the honor to be 
confirmed, I look forward to working on that.
    In particular, the program can focus on reducing greenhouse 
gas emissions, considering economic impacts and decarbonizing 
those across not only the maritime sector and ports but across 
other stages of the infrastructure systems.
    So MARAD's position here and participation will be a long-
term impact again based on what we can do with the PID Program 
and thanks to the bipartisan Infrastructure law.
    Senator Hickenlooper. Well, perfect. I agree completely on 
that. It's going to be the long-term consequences of these 
investments that really matter.
    Dr. Cliff, let's switch a little bit. The bipartisan 
Infrastructure bill includes one amendment that we put together 
that directs DOT to issue a report identifying barriers to 
researching marijuana and obviously the report will help to 
develop Federal marijuana impairment standards for drivers.
    When we first legalized recreational marijuana in Colorado, 
which I opposed in the beginning, I thought there would be all 
kinds of increases in teenage driving, teenage consumption, 
frequency of use, we haven't seen any of that, but we do 
recognize that we don't have a good way to measure the 
intoxication level. We use five nanograms of THC in the blood 
as the state's standard.
    National Highway Traffic Safety Administration last issued 
a report on marijuana-impaired driving in 2017.
    I guess my question is if you're confirmed, are you willing 
to commit to working with this committee to develop a Federal 
marijuana-impaired driving standard so that we can have 
something that is a national standard?
    Dr. Cliff. Thank you, Senator Hickenlooper.
    Absolutely, if I'm confirmed, I look forward to working 
with this committee on impaired driving and in particular the 
marijuana issue that you mentioned.
    Senator Hickenlooper. Great. Because it is one of those 
things that it's not going away, it's coming, and I think we 
need to address it and get out ahead of it as quickly as we 
can.
    Anyway, thank you, all. I yield back to the Chair.
    The Chairwoman. Thank you.
    Is Senator Young or Scott--if not, Senator Rosen.

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

    Senator Rosen. Well, thank you, Madam Chair. I appreciate 
that. Thank you to the witnesses for being here today.
    I want to start right in on adapting to innovative 
transportation technology because Nevada's proud to be on the 
cutting edge of innovative transportation technologies that 
includes hosting the only state-wide test state authorized by 
the FAA. We participate in several autonomous vehicle and smart 
transportation pilot projects and we're supporting electric 
vehicle infrastructure and deployment.
    We're also home to the Hyperloop 1 Test Bed and the Las 
Vegas Loop Tunnel and just last month Nuro, a self-driving 
delivery company, broke ground on a manufacturing facility in 
Las Vegas, and it's going to be building an innovative test 
track for its vehicles.
    Underlying all of our state's advancements and 
contributions to transportation technology is really a 
commitment to safety first and foremost and with lead companies 
working toward using technology to make a positive impact on 
safety.
    So, Dr. Cliff, can you share your thoughts as to how under 
your leadership NHTSA will continue to meet its mission to save 
lives, prevent injuries, reduce economic costs due to road 
crashes, while adapting and setting rules for the increasingly 
innovative transportation sector, one that uses autonomous 
vehicle technology with other forms of AI, and also, I would 
say, requires critical cybersecurity safeguards, and do you 
agree with Secretary Buttigieg who recently stated he believes 
automated vehicles can make transportation safer, cleaner, more 
accessible, and more efficient?
    Dr. Cliff. Thank you, Senator, for that question.
    Absolutely, I agree with Secretary Buttigieg. He's my boss. 
I will say that I appreciate your leadership on this issue and 
we have a number of tools that I've already mentioned to help 
us ensure safety as we encourage more innovation.
    I think there's a lot of opportunity here for technology to 
help us address the fatalities that we've seen increase on our 
roadways.
    Senator Rosen. Well, thank you, and, you know, speaking of 
being on the roadways and, of course, in Nevada, tourism tops 
our list of economic drivers and so we want to support the 
traveling public and so numerous members of this committee have 
heard me say many times travel and tourism are the lifeblood of 
Nevada's economy and I would say most states in this Nation.
    So it's therefore critical to our prosperity to make the 
air travel experience as enjoyable as possible from the 
planning stages to actually stepping off a plane at the 
airport.
    So, Mr. Putnam, as you know, the Office of General Counsel 
at the Department of Transportation is responsible for the 
Office of Aviation Consumer Protection which responds to 
consumer complaints and promotes awareness and understanding of 
consumer rights and, of course, this office serves a critical 
role in addressing concerns of the traveling public and really 
wants to help foster a more comfortable experience for those 
taking business and leisure travel and they need to keep it 
safe and enjoyable.
    So, Mr. Putnam, can you talk about how, if confirmed, you 
plan to manage your specific responsibilities in the aviation 
consumer protection space and also tell us about some of your 
priorities for aviation consumer safety?
    Mr. Putnam. Thank you, Senator Rosen, and I can say that 
one of my longest-standing clients was the Clark County 
Department of Aviation and the now Harry Reid International 
Airport, so certainly appreciate the central role that aviation 
plays in the economy of Las Vegas and Nevada.
    With regard to the aviation consumer protection role, it's 
been a major focus of my time as Deputy General Counsel right 
now certainly addressing the concerns that we're hearing from 
the unprecedented wave of complaints related to recalls, so 
ensuring that we're addressing those complaints, ensuring that 
we're pushing through with the 18 active investigations we have 
related to the failure to pay recalls, looking at some of the 
rulemakings that I've discussed with Chair Cantwell this 
morning, and ensuring that we're really looking forward to 
making sure that consumers have the right information and are 
protected correctly by the airlines.
    In addition, on the safety front, we're working with the 
Federal Aviation Administration to ensure that the safety-
related rules are a top priority of the department and that we 
do everything that we can to support those efforts.
    Senator Rosen. Thank you. I appreciate it.
    I see my time's just about up. So I have a few other 
questions on clean vehicle jobs. I will submit those for the 
record.
    Thank you, Madam Chair.
    The Chairwoman. Thank you, Senator Rosen. Thank you for 
your work on these issues.
    Senator Thune.

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

    Senator Thune. Thank you, Madam Chair.
    Let me just start by talking a little bit about automated 
vehicles or AVs which I think are going to radically alter the 
way Americans move, and it will be especially true for the 
elderly and persons with disabilities whose current 
transportation options are limited, especially in rural areas.
    It has the potential to greatly reduce the average of more 
than 40,000 traffic fatalities that we see on our Nation's 
roadways each year, and while U.S. companies currently lead the 
world in AV technology, this advantage cannot be taken for 
granted.
    The U.S. Regulatory Framework has got to catch up with 
private sector innovation in order for these technologies to 
advance. There are tens of thousands of good paying jobs and 
billions of dollars in investment that are at stake.
    AVs have the potential to transform the way Americans move 
and the U.S. must lead the world in this transportation 
revolution.
    Dr. Cliff, I have worked over the past several years in a 
bipartisan fashion to enact automated vehicles legislation 
which I believe is the key to ensuring AVs are tested and 
deployed under a safe and consistent regulatory framework and I 
remain committed to advancing this critical emerging 
technology.
    AVs have the potential to dramatically reduce highway 
fatalities, as I mentioned, to relieve congestion and provide a 
safe and accessible transportation option for the elderly and 
disabled, and I have been pleased to see NHTSA's recent actions 
to improve the testing and deployment of AVs through the 
granting of exemption petitions and updates to relevant 
regulations, and I hope that the department will continue to 
build upon that important work.
    If confirmed, will you make modernizing motor vehicle 
safety standards for AVs, including commercial AVs, a priority 
for the department?
    Dr. Cliff. Thank you, Senator, for that question.
    If confirmed, I will continue our work on AVs, including 
the research and data-gathering work that we've already got 
underway, yes.
    Senator Thune. Do you see AVs as part of the solution to 
reducing traffic and pedestrian fatalities, and will you commit 
to pursuing a regulatory framework that encourages private 
sector innovation in AV technology?
    Dr. Cliff. Thank you, Senator.
    I do absolutely believe that AVs offer promise. We want to 
ensure that we're optimizing safety on the way to that full 
implementation of this technology.
    Senator Thune. Earlier this year NHTSA issued a Standing 
General Order requiring manufacturers, suppliers, and operators 
of vehicles equipped with advanced driver assistance systems or 
ADAS, as well as automated driving systems or ADS, to report 
crash information to the agency within 24 hours of an 
identified incident.
    ADAS, which is developed to assist a human driver, and ADS, 
which is developed to operate a motor vehicle without a driver, 
are both beneficial but they could not be more different.
    I'm concerned that combining data collection on both 
systems into one SGO creates a false perception that the 
technologies are similar which could erode public confidence in 
AV technology and make future innovation in this space more 
difficult.
    Dr. Cliff, if confirmed, can you discuss actions that you 
would take at NHTSA to make a clear distinction between ADAS 
and ADS?
    Dr. Cliff. Thank you, Senator, for that question.
    You're absolutely correct that these are different 
technologies. I want to make clear that no vehicle that's 
available for purchase today is capable of driving itself. So 
there's nothing that can replace a fully attentive human driver 
in the vehicles that are available today.
    The Standing General Order that you mentioned does provide 
us critical crash safety data that is on a timely basis that 
will help inform our future actions. So I believe that using 
that tool as well as our other Federal motor vehicle safety 
standards tools to help drive forward this technology is going 
to ensure that we have safety on the way to full 
implementation.
    Senator Thune. Well, in particular, what actionable steps 
will you take to develop a common nomenclature for ADAS and ADS 
terminology with the goal of trying to educate consumers and 
mitigate any confusion that may lead to misuse or abuse of 
these systems?
    Dr. Cliff. Thank you, Senator.
    We certainly want the public to understand the capabilities 
of these systems and the limitations of the systems. So that's 
part of our educational work.
    In terms of terminology, we have adopted the SAE 
terminology, the levels of automation, and we make clear in our 
reporting frameworks that there's differences between these 
technologies in terms of the reporting requirements.
    Senator Thune. My time is about out, but with additional 
NHTSA funding that you've gotten from the Infrastructure bill, 
could you describe what the agency is doing to understand the 
factors behind this increase and what countermeasures can be 
implemented immediately to address this issue, particularly 
from the perspective of enforcing traffic laws and curbing 
reckless driving, and I'm talking about the 40,000 people that 
die on the Nation's roadways each year, and the alarming 
increase that we've seen in that?
    Dr. Cliff. Thank you, Senator, for that.
    You're correct. This is an alarming increase. Most of the 
money that we get as part of the bipartisan Infrastructure law, 
two-thirds of our budget, flows through directly to states to 
address the issues that you're talking about.
    A data-driven approach in each state will help address the 
most dangerous behaviors, including enforcement. There's also a 
lot of opportunities with the new technology for rulemakings 
and the upgrade of the New Car Assessment Program to provide 
more information to consumers about the safety of vehicles.
    Senator Thune. All right. My time expired. Thank you, Madam 
Chair.
    The Chairwoman. Thank you, Senator Thune.
    Senator Blumenthal.

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

    Senator Blumenthal. Thanks, Madam Chair. Thank you all for 
your service and thank you for being here today.
    I agree with you, Dr. Cliff, that optimizing safety is the 
key. I think all too often autonomous driving advocates rely 
more on slogans than science. Unfortunately, it undermines the 
credibility of the entire system when there is over-promising, 
creating excessive expectations, and I had the opportunity to 
drive on the track in Connecticut, Consumer Reports track, 
which really just exacerbated a number of my concerns about the 
expectations that have been raised and the promises that have 
been made.
    Advanced driver systems and automated driving systems have 
the potential to increase safety on the road, no question about 
it, but they need to be implemented with caution, and I have 
been deeply disappointed that NHTSA has relied on voluntary 
unenforceable guidelines and programs instead of taking 
meaningful action.
    The AV Test Initiative in particular relies on companies to 
voluntarily share information about their autonomous driving 
tests, but when my staff checked yesterday they saw data from 
only 32 companies and there are more than 80 AV companies in 
the United States.
    This voluntary system ain't working. We need a mandatory 
reporting system. This summer's Standing Order to require 
companies to report crashes where advanced driver assistance 
systems and automated driving systems are engaged is only a 
first step. It simply doesn't go far enough.
    NHTSA needs to take regulatory action to implement basic 
standards for AV developers. I've been saying this point again 
and again and again, and I hope that you are hearing it from my 
colleagues as well as myself loud and clear today.
    You told me when we spoke that the Standing Order was 
needed so NHTSA could collect data on AV crashes and that you 
would use it to create justifiable data-driven regulations. 
It's been more than 6 months now.
    When do you anticipate these rules will be ready?
    Dr. Cliff. Thank you, Senator, for that question.
    The Standing General Order that you mentioned that we 
discussed in our call the other day is providing us very useful 
data. We also hope to make those data public in the very near 
future. This information is going to be invaluable in 
determining the actions going forward.
    Senator Blumenthal. But what's the time table?
    Dr. Cliff. The Standing General Order is very new. We've 
only been getting data for about 4 months under that program. I 
think we're going to have to continue to look at the data and 
understand what's next.
    These are very----
    Senator Blumenthal. I really want a commitment. It doesn't 
have to be a precise date. Is it going to be 6 months? Is it 
going to be 6 years? Your agency, sir, and this is not personal 
to you, is notorious for delayed rules and we're talking about 
life and death potential crashes. Can you give us a more 
precise time table?
    Dr. Cliff. Thank you, Senator.
    I don't have a precise time table at this time, but if 
confirmed, I commit to working on this issue expeditiously.
    Senator Blumenthal. Let me ask you. One of these companies, 
Tesla, is under investigation right now. I think there's 
several investigations.
    Can you give us a time table for completing those 
investigations?
    Dr. Cliff. Thank you, Senator.
    The investigations that you're talking about, we're working 
to complete. We work closely with the manufacturer to gather 
information, and we hope to have those investigations wrapped 
up soon. I do not have a precise timeline at this time, but if 
confirmed, I can----
    Senator Blumenthal. Three months? Six months? 10 months? 
Early in the new year? Can you give us a general timeframe?
    Dr. Cliff. I can say in the typical investigation that it's 
usually several months before we take the next step in the 
action. We're gathering data now and will determine what those 
next steps will be.
    Senator Blumenthal. What do you think those next steps 
should be?
    Dr. Cliff. At this time, Senator, I don't have anything to 
offer in terms of the precise next steps.
    Senator Blumenthal. Can you give us some more transparency 
in some kind of written response to questions that I put to you 
about what you're finding?
    Dr. Cliff. Thank you, Senator.
    I look forward to those questions and we would be glad to 
respond.
    Senator Blumenthal. My time has expired. So I'm going to 
yield now, but I'm looking forward to getting something in 
writing that satisfies my expectations about precision and some 
sense of certainty about what timelines are.
    Thank you.
    Dr. Cliff. Thank you, sir.
    The Chairwoman. Senator Cruz.

                  STATEMENT OF HON. TED CRUZ, 
                    U.S. SENATOR FROM TEXAS

    Senator Cruz. Thank you, Madam Chair. Congratulations to 
each of the nominees. Welcome.
    Admiral Phillips, I want to follow up on the conversation 
you and I had yesterday. As you know, I have significant 
concerns over the Biden Administration's ongoing attack on the 
energy industry and the negative impact it is already having on 
energy production in the state of Texas.
    In this case, I'm concerned also about how it could impact 
the application process for deepwater ports licensing. As of 
November 15th, there are five pending applications under review 
through MARAD's Deep Port Licensing Program. Four of those five 
are off of the coast of Texas: Blue Marlin, Blue Water, Gulf 
Link, and Seaport Oil Terminal.
    Together, these projects create thousands of jobs and 
billions of dollars in economic benefit. Once operational, 
these deepwater ports increase our energy export capabilities, 
establish greater energy security, and support the environment 
by displacing highly polluting foreign sources of energy.
    Even though the U.S. energy-related CO2 
emissions have declined by 15 percent since 2007 and they 
continue to decline, President Biden and his appointees have 
been deeply hostile to any and all projects involved in the 
transport of oil or natural gas.
    I am concerned that the Administration's approach will be 
extended to the deepwater projects that contribute to the state 
of Texas, to economic and energy security of the nation, and to 
the national security interests of the Nation.
    Admiral Phillips, if confirmed, you will be in a position 
at MARAD to approve or to deny applications for port project 
licenses. Knowing the benefit that these projects bring to the 
U.S. economy and to our national security, if they meet the 
statutory requirements, should they be approved?
    Admiral Phillips. Senator Cruz, thank you for your question 
and thank you for your time yesterday. I appreciate it.
    As you are aware and I am not yet in the building, however, 
MARAD under the Deepwater Ports Act of 1974 does review through 
a system jointly co-chaired by MARAD and the Coast Guard, a 
nine-step process to achieve a record of decision which then in 
theory would allow a program to move forward should the 
conditions of that record of decision be met.
    The Maritime Administration, as I understand, follows the 
law in that process and works through that nine-step process to 
achieve a record of decision, working with stakeholders, with 
applicants, and with a number of Federal agencies.
    Should I have the honor to be confirmed, I commit to 
continuing a fair and equitable review of that process under 
the law to move processes forward to achieve a record of 
decision.
    Senator Cruz. So you gave me the same answer yesterday in 
my office that you would follow the law, and my question is if 
these applications meet the legal and statutory requirements, 
should they be approved?
    Admiral Phillips. Senator, thank you for that question.
    Without being in the building and without having detailed 
knowledge of each of these applications and their outcomes, I 
can commit to you that we will review them fairly and equitably 
and we will follow the law to complete them.
    Senator Cruz. So you're not willing to say if they meet the 
statutory requirements they should be approved?
    Admiral Phillips. Should I have the honor to be confirmed 
and have actual sight of these applications and the outcomes 
and records of decision,----
    Senator Cruz. Yesterday, you said you'd follow the statute. 
I'm asking if they meet the statutory requirements, should they 
be approved?
    Admiral Phillips. And I am committing to you that we will 
follow the law and we will review them fairly and equitably to 
achieve a decision.
    Senator Cruz. And that does not sound like a yes. Do you 
share the hostility to oil and gas that so many other Biden 
Administration appointees do?
    Admiral Phillips. Senator, thank you for that question.
    I cannot answer the specifics of others.
    Senator Cruz. Do you have hostility----
    Admiral Phillips. I can say that----
    Senator Cruz.--to oil and gas?
    Admiral Phillips.--the Maritime Administration will review 
applications----
    Senator Cruz. I'm asking you personally. Do you have a 
hostility to oil and gas projects?
    Admiral Phillips. Senator, I look forward to working with 
your staff in a bipartisan----
    Senator Cruz. So you're refusing to answer that? This is a 
yes or no question. Do you have a hostility to oil and gas 
projects? That should be a pretty simple question.
    Admiral Phillips. Senator, I do not have a hostility to 
following the law and reviewing the process as defined in the 
law.
    Senator Cruz. I didn't ask you that. I asked do you have a 
hostility to oil and gas projects?
    Admiral Phillips. And, Senator, I am thanking you for your 
question, and I am stating that I will follow the law----
    Senator Cruz. OK. So you're----
    Admiral Phillips.--fairly and equitably----
    Senator Cruz.--refusing to answer the question. That's 
highly disappointing that you're not even willing to say you 
don't have a hostility to those projects. That is deeply 
concerning.
    The Chairwoman. Senator Cruz, I think she's saying that 
she's going to follow whatever the----
    Senator Cruz. No, she's not. I'm asking if she has a 
hostility to oil and gas. It would be very easy. If you asked a 
witness do you have a hostility to airplane manufacturing and 
they refused to answer that, I'd be willing to bet you'd be 
pretty upset at that.
    The Chairwoman. Look, I think we just made a record 
investment in port infrastructure and I believe in----
    Senator Cruz. And the Biden Administration is singling out 
Texas and refusing to invest in Texas.
    The Chairwoman. Well, I think she's saying she's going to 
get in there and see what the law requires. So I would like 
to----
    Senator Cruz. No, she's not.
    The Chairwoman. Well, I'd like to move to Senator Markey, 
if I could. Thank you.

               STATEMENT OF HON. EDWARD MARKEY, 
                U.S. SENATOR FROM MASSACHUSETTS

    Senator Markey. Thank you, Madam Chair.
    I want to, Dr. Cliff, put a focus right now on the issue of 
seatback safety. CBS put a spotlight on this problem and I 
think it's important for us to get it done, put safety first 
once and for all, and inside of the Infrastructure bill there 
is a provision which I authored working with Senator Blumenthal 
to deal with the fact that there is an antiquated and 
ineffective standard for seatback integrity.
    The front seats of cars often collapse after a crash, 
sending the seats and their occupants careening into the 
backseat of the car oftentimes with children in those 
backseats. These kids are essentially hit by a projectile which 
is the front seat of a car coming toward them and tragically 
these seats kill about 50 children a year in the United States 
and have been doing so for years.
    Unconscionably, the auto industry has refused to address 
this crisis for more than 50 years, despite having data from 
NHTSA showing that it could cost less than $5 per seat to fix 
the problem. Thankfully, we have now passed the legislation and 
sent over the authority to NHTSA to deal with this problem.
    Dr. Cliff, will you prioritize seatback safety and advance 
this rulemaking as quickly as possible?
    Dr. Cliff. Senator Markey, thank you for that question.
    Absolutely, if I'm confirmed, I will prioritize the 
leadership that you've provided in the bipartisan 
Infrastructure law to advance rulemaking.
    Senator Markey. And you are aware of this danger of those 
seatbacks collapsing into children in the backseat?
    Dr. Cliff. Thank you, Senator.
    Our conversation yesterday was very illuminating, and I 
appreciate having the opportunity to talk about it with you.
    Senator Markey. So you will prioritize rulemaking to 
protect against those seatbacks hitting children in the 
backseat?
    Dr. Cliff. Yes, Senator, we look forward to prioritizing 
the instruction that's given to us in the law.
    Senator Markey. And there are three other provisions that 
Senator Klobuchar, Senator Blumenthal, and I authored, as well, 
that are in the Infrastructure bill, as well as other safety 
protections which are backlogged at NHTSA.
    Will you pay increased attention to clearing out that 
backlog so that we do have safety protections which are put on 
the books in area after area where the Congress has legislated?
    Dr. Cliff. Thank you, Senator, for that question.
    Absolutely, the bipartisan Infrastructure law gives us the 
resources we need to get through that backlog and address the 
rulemakings going forward.
    Senator Markey. Thank you, Dr. Cliff, very much.
    Right now the Biden Administration is considering new 
Federal fuel economy standards which would cut our energy use, 
save consumers money, and protect the climate and public 
health.
    The best option would increase fuel economy standards by 10 
percent each model year between 2024 and 2026, achieving a 
total fleet average fuel economy of 51 miles per gallon by 
Model Year 2026.
    NHTSA's statutory authority requires standards to be set at 
the maximum feasible level, language that I worked to author, 
included and passed in the 2007 Energy Bill.
    Dr. Cliff, NHTSA's concluded that the 10 percent year over 
year increase in fuel economy produces the largest net benefits 
through the year 2050 compared to other options as well as 
would best return us to the fuel consumption trajectory 
exemplified by the 2012 standards which the Obama 
Administration used to set those high standards.
    Do you agree that this would exemplify the maximum part of 
the maximum feasible standards goal which is being given to you 
and your agency to implement?
    Dr. Cliff. Thank you, Senator Markey, for that question.
    As you know, we put out this proposal in August and we're 
now evaluating more than 67,000 comments that we received on 
it. We're analyzing those comments and doing additional 
modeling and look forward to finalizing this rule prior to 
April to determine what is maximum feasible.
    Senator Markey. And again maximum feasible is again focused 
on feasibility and if it is feasible, we should do it because 
we lost 4 years of the Trump Administration, and we know that 
in looking at the options which NHTSA is looking at, the middle 
option provides $100 billion worth of net benefits from 2021 to 
2050, whereas the more ambitious 10 percent increase produces 
$131 billion in net benefits.
    So from my perspective that's where we have to be as a 
nation, otherwise we won't get all the benefits, but we'll also 
be falling behind Germany, China, and other countries in the 
world. So it's imperative that we catch up.
    So I would only ask you, Doctor, that, if confirmed as 
Administrator, will you work with me to develop new maximum 
feasible fuel economy standards for model years after 2026 
which will spur additional fuel economy improvements for 
passenger cars and light trucks?
    Dr. Cliff. Thank you, Senator, for that question.
    Absolutely, if confirmed, I'd be glad to work with you on 
that.
    Senator Markey. Yes. And I do hope that you are confirmed. 
Your background has made you the perfect person for this job.
    Thank you, Madam Chair.
    The Chairwoman. Thank you, Senator Markey, and thank you 
for bringing up CAFE, very important subject.
    Senator Sullivan.

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

    Senator Sullivan. Thank you, Madam Chair.
    And, Admiral Phillips, I want to thank you. I really 
enjoyed our discussion the other day. I want to thank you for 
your service. It's very impressive, your Navy service in 
particular, but your service to our country.
    I'm not going to beat a dead horse with what Senator Cruz 
mentioned, but it's clear to me that there's a split in this 
Administration. Some people get that, you know, becoming the 
world's energy super power, producing more natural gas than 
anyone else in the world, more oil than anyone else in the 
world, more renewables, until recently that's where we were. 
It's a good thing, and I'm not even going to question you. 
You're a military person, 30 years in, very sharp, very 
impressive.
    So it's just kind of a no-brainer what's going on. There's 
a split in this Administration. Certain people get this. By the 
way, if you increase exports of LNG to our partners in Asia in 
particular significantly, there's studies that show that global 
greenhouse gas emissions would decline, would decline.
    So I think Senator Cruz--I'm not going to dwell too much, I 
had no intention to, but this is a really important issue to 
me, too. It's important to any American. Unilaterally disarming 
our energy sector just makes no sense and the hostility from 
some quarters, not all, of the Biden Administration on this 
just makes no sense.
    So I think the worry is if you go through that nine-step 
process, it looks good, the laws, and Gina McCarthy or John 
Kerry call you, say hey, Admiral, shut it down, sorry, that's 
what I worry about, right.
    So you won't accept outside influence like that if you 
decide on your own merits that something like this meets the 
statute, would you? You're doing it. I just want to make sure 
you're someone who I don't think would succumb to that kind of 
pressure.
    Admiral Phillips. Senator, thank you for your question, and 
thank you for your time discussing matters important to you in 
Alaska and others. I appreciate that.
    My response, of course, as you are aware, I am not in the 
building. I'm not yet in the building, so I do not have details 
on some things certainly, and I think in the interests of 
following the law, which we've discussed, and going through a 
fair and equitable process within the boundaries of not only 
port infrastructure development but also deepwater ports, we 
have a real opportunity here in the country to improve and 
build resiliency in ports across the country in a bipartisan 
way to make change and improve our infrastructure in ways that 
we have not been able to do in the past.
    Senator Sullivan. OK.
    Admiral Phillips. So I will say that.
    Senator Sullivan. OK.
    Admiral Phillips. I look forward to working with you on 
that.
    Senator Sullivan. Great. Let me get back to, you know, I 
mentioned in our meeting the Department of Defense. I actually 
had the Department of Defense Commissioner report on the 
assessment on the DoD Strategic Seaports, the two lowest-rated 
ports of the 18, were the Port of Tacoma and the Port of 
Alaska.
    I know the Chairman cares about this issue, as well, but 
will you just recommit to me to work with me and I'm sure 
Senator Cantwell's interested on addressing this challenge? I 
know DoD is interested, as well. This is kind of a win-win on 
some two very important ports that actually work very closely 
together.
    Admiral Phillips. Yes, Senator, should I have the honor to 
be confirmed, I do look forward and commit to working with you 
and your staff and with this committee more broadly in 
particular to, as discussed, work on port infrastructure 
development nationwide and, of course, with consideration. 
Thank you for forwarding the study that you forwarded to me 
yesterday. I did review it and look forward to working with 
other Federal entities, DoD and others, to make progress in 
again building resilience and sustainability across America's 
port infrastructure.
    Senator Sullivan. Let me ask a question I didn't get to ask 
you yesterday and it was just news. You and I weren't involved 
in this, but as you know, the Port of Anchorage has had this 
long-running lawsuit against MARAD on the port.
    The Federal Court of Claims judge ruled the other day in 
favor of Anchorage and, you know, my own view has been we need 
to settle this and move on, right. I just want to get a 
commitment from you. There's going to be a damages award 
element of this. I have no idea if it's going to be $1 or 
several hundred million, but what I don't want is somehow that 
if it's, you know, a significant sum that MARAD will say, oh, 
well, Anchorage won that lawsuit, so we're not going to provide 
them any additional funds. That would actually be very unfair.
    Can I get a commitment from you on that?
    Admiral Phillips. Senator, thank you----
    Senator Sullivan. I don't want double dipping here, right. 
They've spent--well, you and I talked about it a long time on 
this--tens of millions, if not hundreds of millions on legal 
fees. What I don't want is the Feds saying, oh, they won, they 
got an award, so we're not going to use any of the 
infrastructure dollars to help them which seems to be 
penalizing them.
    Admiral Phillips. Senator, thank you for your question.
    We have discussed this issue. I am aware of the lawsuit and 
of the very recent outcome. However, as I am not yet in the 
Administration, I have no insight into any details current or 
future that may impact that particular outcome.
    What I can commit to you is that applicants to the PIDP 
Program, the Port Infrastructure Development Program, will get 
a fair and equitable review of their application, irrespective 
of who they are, so that we can move forward again to take 
advantage of this generational opportunity for America's port 
infrastructure.
    Senator Sullivan. Great. Thank you, and, Madam Chair, I 
have other questions for the other witnesses. I'll submit those 
for the record.
    The Chairwoman. Thank you.
    Senator Peters, technically you're next, but Senator Lujan 
has been waiting for some time. Is it possible that he could--
the two of you----
    Senator Peters. I'll be happy to defer.
    The Chairwoman. Thank you.
    Senator Lujan.

               STATEMENT OF HON. BEN RAY LUJAN, 
                  U.S. SENATOR FROM NEW MEXICO

    Senator Lujan. I appreciate that, Chair Cantwell, and thank 
you, Senator Peters.
    Dr. Cliff, the mission of the National Highway Traffic 
Safety Administration has never been more important. According 
to the agency in 2020, the United States had a 7.2 percent 
increase in traffic fatalities despite a 13.2 percent reduction 
in miles traveled. 2021 is even worse with an additional 18.4 
percent increase in deaths during the first 6 months of this 
year.
    Increases in alcohol and drug use while driving has had a 
terrible impact. NHTSA found that proportion of drivers with 
opioids in their system nearly doubled in March 2020 while the 
number of drivers testing positive for marijuana rose by 50 
percent.
    In your current role as Deputy Administrator, Congress gave 
you a mandate to save lives and prevent injuries. That is why I 
introduced the RIDE Act or the Honoring Abbas Family Legacy to 
Terminate Drunk Driving Act. Congresswoman Dingle, Senator 
Scott and Peters and Capito, and I believe that NHTSA needed to 
be pushed to do it better and get impaired drivers off the 
road.
    Fortunately, this committee, this Senate, and the President 
agreed. Now the HALT Act is Federal law and the President has 
nominated you to oversee implementation of the most important 
safety standard in over a decade, but the work is only just 
beginning and this cannot be another rulemaking where NHTSA 
blows through the statutory deadlines.
    There are too many lives on the line. Every additional year 
means 10,000 preventable deaths and countless injuries. I'm 
grateful that just this week you said here, ``Committed to 
expeditiously implementing the laws advanced impaired deriving 
technology provision.''
    Dr. Cliff, I would like a clear timeline. Yes or no, is 
NHTSA prepared to implement the Federal Motor Vehicle Safety 
Standard established by the HALT Act within the three to 5 
years required in Section 24220 of the IIJA?
    Dr. Cliff. Thank you for that question, Senator Lujan, and 
thank you for your leadership on this really important issue. 
Absolutely, yes.
    Senator Lujan. This can't afford to wait, and I want to 
work with you to make sure Congress gets you the resources you 
need to implement this legislation within this deadline.
    Madam Chair, I also have a series of documents I ask to be 
submitted to the record. The first document is reporting by 
Hemming's Motor News titled ``General Motors Onboard 
Experimental Alcohol and Drug Impairment Detection Device of 
the 1970s.''
    The second is from NBC News, dated January 2007 with an 
announcement from Toyota Motor Corp. that they're developing a 
fail-safe system for cars that detect drunk driving and 
automatically shuts the vehicle down if sensors pick up signs 
of excessive alcohol consumptions.
    The third document is a press release from Volvo, March 
2019, stating that ``Volvo Cars believe intoxication and 
distraction should be addressed by installing in-car cameras 
and other sensors that monitor the driver and allow the car to 
intervene if a clearly intoxicated or distracted driver does 
not respond to warning signals and is risking an accident 
involving serious injury and death.''
    And finally, the fourth document is a report on test 
results performed on the 2021 Subaru Outback from European 
counterpart Euro NCAP which gave the model its highest rating 
and states that the car ``a system which monitors the driver's 
state of alertness directly by assessing eye movement and 
indirectly from steering inputs which can provide indication of 
fatigue or impaired driving.''
    The Chairwoman. Without objection.
    [The information referred to follows:]

Hemmings

A GM onboard experimental alcohol and drug impairment detection device 
                              of the 1970s

           By Thomas A. DeMauro on Jan 16th, 2019 at 2:58 pm

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Considering the emphasis placed on eliminating impaired driving 
today, be it due to alcohol, drugs, or other distractions such as 
texting, it's interesting to note that back in the 1970s (well before 
texting) General Motors was seeking solutions. An example is this 
critical tracking test (CTT) ``experimental deterrent'' that was 
developed and evaluated by GM's Engineering Staff for 1974.
    Results of a 10-second test the driver took each time he or she got 
behind the wheel determined whether the car would start. When the key 
was turned, the CTT was administered via the gauge in the instrument 
panel. Its needle began to move to either side of the center mark on 
the gauge face, and the driver had to keep it within the acceptable 
range through small corrections made with the steering wheel. Needle 
movements intensified as the test progressed, further challenging the 
driver.
    If he or she was successful, the ``Pass'' button illuminated, and 
the car could be started. If the driver failed, the ``Reset'' button 
lit up and had to be pushed to repeat the test.
    The information provided by GM states that the driver had three 
attempts to pass, but it doesn't reveal what happens after three 
failures. Other contemporary reports on the device have mentioned a 
one-hour wait before the test could be tried again.
    GM summed up by stating, ``Early experiments indicate a 70-percent 
intoxicated failure rate among persons with a 0.1-percent or more blood 
alcohol concentration, limit of Michigan's implied consent law.''
    We've also read about an earlier version of this type of device 
from GM that instead displays a series of five numbers above five 
numbered white buttons on the instrument panel. To pass this test, the 
driver must accurately replicate the number sequence provided by using 
the buttons and do it in the designated timeframe. Another variation 
was a handheld unit that operated in the same manner but had a keypad 
with more numbers that was similar to a phone.
    Had any of these devices been made mandatory, a situation that 
would've required consideration is if a driver had to move a car in an 
emergency where time was of the essence. Another is, those who did not 
drink alcohol, take illegal drugs, or legal pharmaceuticals that could 
cause impairment may have felt like they were being punished for those 
who did.
    Conversely, they could've viewed it as they'd rather be 
inconvenienced for 10 seconds at the beginning of a drive if it 
significantly reduced the chance of crossing paths with another driver 
who didn't have to take the test and was impaired. These types of tests 
may also have been useful in keeping heavily fatigued or angry drivers 
off the road, until they rested or calmed down enough to pass.
    Nevertheless, they didn't eliminate the possibility of an impaired 
driver simply recruiting someone else to perform the required task(s) 
just to get the car started.
    We don't recall seeing any of these devices installed in passenger 
cars sold to the public back then. Have you heard of them or others 
like them that were tested in vehicles of that era to accomplish the 
same goal?
    Would you have purchased a car that included one of these devices 
as standard/mandatory equipment, or would it have been a deal breaker?
                                 ______
                                 
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                               V O L V O
Press Release
Mar 20, 2019 | ID: 250015

     Volvo Cars To Deploy In-Car Cameras And Intervention Against 
                       Intoxication, Distraction

    Volvo Cars today reveals a new step in its ambitions to end 
fatalities in its cars by addressing the issues of intoxication and 
distraction.
    Apart from speeding, which the company aims to help combat with a 
top speed limit, intoxication and distraction are two other primary 
areas of concern for traffic safety. Together, these three areas 
constitute the main `gaps' towards Volvo Cars' vision of a future with 
zero traffic fatalities and require a focus on human behaviour in the 
company's safety work as well.
    For example, figures by NHTSA show that in the United States, 
almost 30 per cent of all traffic fatalities in vehicles in 2017 
involved intoxicated drivers.
    Volvo Cars believes intoxication and distraction should be 
addressed by installing incar cameras and other sensors that monitor 
the driver and allow the car to intervene if a clearly intoxicated or 
distracted driver does not respond to warning signals and is risking an 
accident involving serious injury or death.
    That intervention could involve limiting the car's speed, alerting 
the Volvo on Call assistance service and, as a final course of action, 
actively slowing down and safely parking the car.
    ``When it comes to safety, our aim is to avoid accidents altogether 
rather than limit the impact when an accident is imminent and 
unavoidable,'' says Henrik Green, Senior Vice President, Research & 
Development at Volvo Cars. ``In this case, cameras will monitor for 
behaviour that may lead to serious injury or death.''
    Examples of such behavior include a complete lack of steering input 
for extended periods of time, drivers who are detected to have their 
eyes closed or off the road for extended periods of time, as well as 
extreme weaving across lanes or excessively slow reaction times.
    A driver monitoring system as described above is an important 
element of allowing the car to actively make decisions in order to help 
avoid accidents that could result in severe injuries or death.
    ``There are many accidents that occur as a result of intoxicated 
drivers,'' says Trent Victor, Professor of Driver Behaviour at Volvo 
Cars. ``Some people still believe that they can drive after having had 
a drink, and that this will not affect their capabilities. We want to 
ensure that people are not put in danger as a result of intoxication.''
    Introduction of the cameras on all Volvo models will start on the 
next generation of Volvo's scalable SPA2 vehicle platform in the early 
2020s. Details on the exact amount of cameras and their positioning in 
the interior will follow at a later stage.
    Today's announcement should be viewed together with the company 
limiting the top speed on all its cars to 180 kph from model year 2021, 
in order to send a strong signal about the dangers of speeding.
    The company wants to start a conversation about whether car makers 
have the right or maybe even the obligation to install technology in 
cars that changes their drivers' behaviour. Both the speed limit and 
the installation of incar cameras illustrate how car makers can take 
active responsibility for the aim of achieving zero traffic fatalities 
by supporting better driver behaviour.
    Volvo Cars today also revealed the Care Key, which allows Volvo 
drivers to impose limitations on the car's top speed on all cars from 
model year 2021, before lending their car to others.
    The Care Key, the monitoring cameras, the speed limit as well 
existing driver assistance systems all serve one single aim: to support 
safer driving.
                                 ______
                                 
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    Senator Lujan. Dr. Cliff, auto manufacturers have been 
developing this technology for over 40 years. In November 2020, 
NHTSA even requested information on available or late-stage 
technology under development for impaired driving detection and 
mitigation.
    Dr. Cliff, based on your RFI, the car manufacturers claims 
I mentioned, and cars already on the road, do you believe 
impaired driving technology using driver monitoring is best 
suited to meet the mandate under the HALT Act?
    Dr. Cliff. Thank you, Senator, for that question.
    I think that there are many promising technologies, 
including driver monitoring and the DADS technology that you 
mentioned, that can help move forward on this important issue. 
We're continuing our research and thankfully because of the 
resources provided in the bipartisan Infrastructure law, we'll 
have an opportunity to really advance that technology 
development.
    Senator Lujan. I appreciate that, sir.
    Dr. Cliff, I want to tell you a different story, as well, 
about one of my constituents. 2015-16, 16-year-old Riley Eric 
Kline was driving to high school in Albuquerque, New Mexico. He 
was driving responsibly under the speed limit with a cell phone 
zipped in his backpack. Riley got into an accident with a semi-
trailer and his Civic was pinned underneath it and dragged a 
half mile until it burst into flames. Riley burned to death on 
his way to school that day.
    Under-ride crashes occur when an automobile collides with 
the side of a truck or a semi-trailer and due to the height 
differential between the vehicles collides partially or 
completely under the side of the semi-trailer. These crashes 
are extremely dangerous and often result in severe injuries and 
deaths like in the case of Riley.
    The question that I have, Madam Chair, because my time has 
expired, I'll submit to the record, but it's going to be 
important to hear from you, Doctor, on what NHTSA will do with 
the research required in this legislation where Congress has 
already taken action and the Kline family continues to share 
this story because they don't want other families to go through 
what they did.
    I want to commend you for the work that you're going to do. 
I look forward to your expeditious confirmation so we can get 
to work and get this done.
    Thank you, Madam Chair.
    The Chairwoman. Thank you, Senator Lujan. Thank you very 
much.
    Senator Peters.

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

    Senator Peters. Well, thank you, Mr. Chairman, and thank 
you, Senator Lujan, for your leadership on that legislation 
which I was proud to co-sponsor with you, and I know the Abbas 
family. As you know, the Abbas family is a wonderful, amazing 
family in Michigan and the tragic death of members of that 
family to a drunk driver on a night-time drive back from 
Florida with the entire family with a drunk driver on the wrong 
side of the highway crashed into them and killed the entire 
family, three small children, a mother and a father, was a 
horrific thing.
    I still vividly remember the funeral where the community 
turned out. It's clearly one of the saddest funerals I've ever 
been to to see a beautiful young family die so tragically on 
that highway.
    So this legislation must get enacted. We've passed it. It's 
critically important that, Dr. Cliff, you focus on that that we 
get it done. There are so many other families like the Abbas 
family that suffer similar tragedies and thousands of people 
every day. So I hope you prioritize that.
    I will be working with Senator Lujan and many others who 
will be making sure that you do that, but I hope I have your 
commitment to make that a priority.
    Dr. Cliff. Thank you, Senator. You have my commitment.
    Senator Peters. Thank you.
    In addition to lives lost from drunk driving and other 
substances, we lose a lot of other lives on the highway. Nearly 
38,000 people lost lives on our highways and we know that most 
of those accidents, as you know, are from human error and we 
have technology that's now being developed that can take the 
human error aspect out of driving and create incredible safety, 
particularly with autonomous vehicles, and that's the thing 
that excites me most about this technology is that it literally 
will save tens of thousands of lives each and every year, but 
we need to fully develop this technology.
    Our auto companies are spending considerable amount of 
resources to get there, but we need to have a legislative 
framework in place that allows that technology to move as 
quickly as possible, and, you know, I think when it comes to 
moving quickly, we know that works out to roughly about a 
hundred people on our highways every day. Every single day we 
can get this technology up and running saves a lot of people 
and it is cumulative.
    So I know you've talked about autonomous vehicles. Several 
of my colleagues have raised questions related to autonomous 
vehicles, and I appreciate your support when we talked, as 
well, prior to this hearing, but in the spirit of making this a 
reality, will you commit to providing timely feedback and 
technical assistance on legislative efforts that I'm engaged in 
with a number of my colleagues here? We have to get this done. 
Could you tell me your commitment? Not just yes or no, how 
committed are you?
    Dr. Cliff. Thank you, Senator Peters.
    If confirmed, I'm committed. As I said in the conversation 
that we had, I look forward to working with you. I know you and 
your office have a lot of expertise on this issue.
    Senator Peters. Well, I appreciate that, if confirmed.
    The other thing that I think is important, Dr. Cliff, is 
how NHTSA communicates with the public about these autonomous 
technologies and automation. To help ensure that the discussion 
on autonomous vehicles kind of puts the safety record in 
context, and what I mean by that is I'm always concerned that a 
single high-profile accident, which will happen as this 
technology is developed, can make this new technology seem 
unsafe to the public, but in reality we know that cars driven 
by humans are going to prevent a much larger safety risk than 
these technologies as they continue to be developed and so I 
think it's important not to unfairly prejudice public opinion 
as to the potential benefits of this life-saving technology.
    So how do you think NHTSA needs to communicate that to the 
public at large as this technology's developed?
    Dr. Cliff. Thank you, Senator, for that question.
    I agree with you that we want to avoid hyperbole. We want 
to ensure that we're putting into context the data that we 
collect and ensuring that as we put out information to the 
public that we're doing so in the best scientific fashion that 
we can.
    We're a data-driven agency. We're going to rely on those 
data to inform our future actions. We need to make sure that 
we're doing so in a straightforward and engineering scientific 
way.
    Senator Peters. Well, good, and as you move forward to help 
us move this technology, do you think there are any additional 
resources or barriers that you face in getting us to the place 
that we need to be? How can we be helpful here? How can 
Congress assist your efforts and the efforts of NHTSA to bring 
this technology to the forefront?
    Dr. Cliff. Thank you, Senator, for that question.
    If confirmed, I would be glad to continue to work with you 
and advance any ideas that we have that we believe might be 
barriers. Thank you.
    Senator Peters. Appreciate it. Thank you, Madam Chair.
    The Chairwoman. Thank you. Thank you, Senator Peters, and 
thank you for your comments about the legislation and the 
family that was impacted, very moving. So thank you for your 
work on that and on AVs in general.
    We're going to Senator Young.

                 STATEMENT OF HON. TODD YOUNG, 
                   U.S. SENATOR FROM INDIANA

    Senator Young. Thank you, Madam Chair.
    In 2018, a driver struck and killed three young students 
and severely injured a fourth student while they were boarding 
a school bus in Rochester, Indiana.
    In 2019, school bus drivers throughout Indiana documented 
every stop arm violation that occurred during one single day of 
the morning and afternoon routes. In one day more than 2,500 
stop arm violations occurred. That's why I introduced the Stop 
for School Buses Act with Senator Peters to address this 
problem.
    The bipartisan legislation requires NHTSA to perform a 
comprehensive evaluation of methods to prevent the dangerous 
and illegal passing of school buses at loading zones. This 
important legislation was recently signed into law.
    Dr. Cliff, if confirmed, will you commit to swiftly 
implement this bill to help prevent dangerous and illegal 
passing of school buses?
    Dr. Cliff. Thank you, Senator, for that question.
    If confirmed, I look forward to moving forward on these 
provisions.
    Senator Young. Thank you, Doctor.
    The United States is a leader in emerging transportation 
technology and as a matter of national and economic security we 
have to maintain that leadership edge as other countries work 
to erode America's competitive advantage.
    At the same time there's an epidemic of roadway fatalities 
and injuries on our roadways. NHTSA reported an 18.4 percent 
increase in roadway fatalities in the first half of 2021. Tens 
of thousands of Americans lose their lives every year in motor 
vehicle crashes and millions more are injured.
    The vast majority of these crashes are caused by human 
error and autonomous vehicle technology removes human error 
from the equation.
    Since I joined the Senate 5 years ago, Senator Thune has 
been pushing the same bipartisan AV START Act, a bill that 
passed this committee by voice vote in 2017, and yet we sit 
here today and that bill has gone nowhere because of the trial 
lawyers and politics being played by some of my colleagues on 
the other side of the aisle.
    Sadly, that means that once we finally do pass Senator 
Thune's great bipartisan AV START Act, and I believe we will 
soon, some members of this committee will have quite literally 
contributed to setting the United States back multiple years in 
the race against China and other nations.
    Dr. Cliff, while your testimony mentioned the increased 
traffic fatalities, I was disappointed that you made no mention 
of autonomous vehicles.
    Can you share your thoughts on the importance of supporting 
American innovation and roadway safety in the autonomous 
vehicle sector?
    Dr. Cliff. Thank you, Senator, for that question.
    At NHTSA, our role is to optimize safety as we allow for 
innovation. We believe that these new technologies hold great 
promise, as you indicate, and I think there's an opportunity 
for us to continue to advance innovation while ensuring safety 
along the way.
    At full maturity, the safety of technologies that you 
identify are unprecedented, but we can't forego the safety in 
the interim as we get to that full maturity.
    Senator Young. So if confirmed, sir, what concrete steps 
will you take to promote the near-term deployment of self-
driving vehicles?
    Dr. Cliff. Thank you, Senator.
    If confirmed, I look forward to continuing to ensure that 
we're providing the exemptions under the law and as directed by 
the FAST Act as well as using the new research dollars provided 
under the bipartisan Infrastructure law to advance our 
understanding of these technologies.
    Senator Young. Thank you, sir. I'll look forward to working 
together on this and pushing the envelope to ensure that you're 
exploiting all legal and responsible opportunities to make sure 
we're able to deploy self-driving vehicles at our earliest 
opportunity.
    Thank you so much. I yield back.
    The Chairwoman. Thank you, Senator Young.
    We did have Senator Scott, Senator Johnson, and Senator 
Sinema maybe joining us remotely. I don't know if they're out 
there. It's hard to see. We don't have anybody on camera now. 
But if there's somebody in those offices, now is the time to 
have them join.
    While we're waiting to see if we have a response from any 
of them, I want to ask one last question to you, Mr. Putnam, 
about the implementation of the bipartisan law.
    DOT is set to receive $567 billion over five years, an 80 
percent increase from the FAST Act, to help modernize every 
aspect of our transportation system. This includes a 221 
percent increase in the capacity for things that will impact 
our supply chain and eliminate freight bottlenecks.
    For example, in the state of Washington that would be 
things related to I-5, things related to the Port of Tacoma 
which is a major export center for us, Highway 2 which there is 
a trestle. All are needed or in need of infrastructure 
investment, I should say.
    Dr. Cliff, these are also places--Highway 2 in the last 15 
years had more than 60 people died on Highway 2. An average of 
82,000 vehicles use that passageway every year.
    So as the Asia-Pacific becomes a bigger destination for 
U.S. products, all the way through the Midwest, all the way to 
the coast, getting our infrastructure to help deal with the 
supply chain is critical.
    So how can we get the implementation of these programs--can 
you talk about how DOT can help get this implemented as quickly 
as possible?
    Mr. Putnam. Thank you, Senator Cantwell, for that excellent 
question and that is top of mind at the department right now.
    So at a very high level the Secretary has directed the 
creation of an Executive Policy Council that's headed by the 
Deputy Secretary, staffed by the Under Secretary. I'm a member 
of that along with all of the operating administration 
administrators or acting administrators.
    So at a very high level it has our focus, but we're really 
taking a complete and thorough review from beginning to end of 
the process, making sure that we get guidance in place, make 
sure we get the appropriations table out, our allocations 
tables out, starting to working on common language on notices 
of funding opportunities so we can streamline that process, 
look at technical assistance for many of the applicants, rural, 
urban, freight, all across the country, tribal, so that we can 
make sure that we get good projects in the pipeline, that we 
get good applications in, look at the permitting process, look 
at the process of documenting those decisions, and then all the 
way through to actually implementing those projects, overseeing 
those projects, and closing them out.
    If confirmed, look forward to continuing my efforts to 
implement that process. Certainly there's a legal component. 
There are budget components. There are management components. 
Make sure we have the staff in place to do that. It's really a 
whole of department effort.
    The Chairwoman. So you think these things, particularly in 
areas where we authorize things for the first time, mega 
projects, which are about moving major projects, many of them 
definitely related to our economic success as a nation, and 
moving freight at grade crossings and other new programs to 
help move product where congestion occurs, you know, at many of 
our cities and towns as freight moves through them, and 
obviously the increase in the Ports Program, so all of these 
are big priorities in moving products. So you think this is 
something that will be done early in January?
    Mr. Putnam. Thank you, Chair Cantwell.
    We've started the conversations about mega projects, as an 
example, about supply chain, recognizing the priorities 
associated with those, especially given the current challenges 
associated with the supply chain. So they are top focus. We're 
bringing in additional staff and talent, as you've likely read 
in the news or with press releases, in order to make sure that 
we have really the best and the brightest on those problems 
and, you know, try to focus on that as quickly as we can out of 
the gate.
    The Chairwoman. Well, I always say about ports are us when 
it comes to my state. So we're very excited about this level of 
investment just because we have seen the challenges and again 
we may be the throughput but we see product from all over the 
United States and we know that freight really can't wait. If it 
does, then we're going to lose competitively to other nations 
who've made major infrastructure investments, as well.
    So, anyway, glad that you have been able to give that 
detailed of an answer about the specifics the agency is going 
to be undertaking. That's why we want to get you over there as 
soon as possible so we can get all the legal aspect of this 
taken care of.
    Well, I don't see anybody else who's joining us on camera.
    We'd like to thank all of you for again being here.
    The Senators will have until Tuesday, December 21, at noon, 
to submit questions for the record to the Committee, and you 
all will have one week to respond to those questions.
    So thank you again for your willingness to participate 
today and that concludes our hearing.
    [Whereupon, at 2:03 p.m., the hearing was concluded.]

                            A P P E N D I X

   Response to Written Questions Submitted by Hon. Maria Cantwell to 
                       Rear Admiral Ann Phillips
    Question. Admiral Phillips, if confirmed, will you pledge to work 
collaboratively with this Committee, provide thorough and timely 
responses to our requests for information as we put together and 
address important policy issues, and appear before the Committee when 
requested?
    Answer. Should I have the honor of being confirmed, I will work 
collaboratively with the Committee, including on requested appearances 
before the Committee, and I will provide timely responses to requests 
for information.

    Port Infrastructure. The COVID-19 pandemic resulted in Americans 
transitioning faster than ever to e-commerce, stressing our supply 
chain. According to the U.S. Census Bureau, total e-commerce sales in 
2020 increased 32.4 percent from 2019. This surge resulted in 
congestion at U.S. ports.
    MARAD administers several key programs that provide long term 
solutions to address supply chain congestion, such as the Port 
Infrastructure Development Program (``PIDP''). We need to ensure our 
ports have the infrastructure to meet the needs of our new economy. Now 
that Congress has invested $2.25 billion in the Infrastructure 
Investment and Jobs Act for PIDP, we need these dollars on the ground 
to bring our ports into the future.

    Question 1. If confirmed, will you commit to administer the PIDP 
program fairly and transparently while ensuring that critical 
investments are made to alleviate port congestion? How will you 
expedite distribution of IIJA funding to ensure funding reaches our 
ports as soon as possible?
    Answer. If confirmed as Administrator, I will continue my 
commitment to being a steward of taxpayer dollars. I am committed to 
ensuring that funds entrusted to MARAD for the PIDP are appropriately 
administered in accordance with the statutory guidance provided by the 
Congress, and with applicable Federal requirements including those 
related to transparency.
    I understand the urgency of getting grant funds out the door in an 
efficient manner, and I will work to do so, while safeguarding taxpayer 
dollars and maximizing the impact of these grant programs within the 
confines of Federal law and the notice of funding opportunity.

    Question 2. The infrastructure bill also included additional 
authority for the PIDP program to make our ports more resilient to 
climate change, a threat facing our supply chain. Given your expertise 
and experience working on the development of Virginia's Coastal 
Resilience Master Plan, what do you think is the most effective way to 
use these dollars to make our ports efficient and resilient to extreme 
weather and our changing climate?
    Answer. While I am not yet in the Administration, my understanding 
of the expanded capacity for port infrastructure in the Bipartisan 
Infrastructure Bill includes opportunities to mitigate climate impacts, 
reduce emissions and improve air quality for ports and surrounding 
communities, and promote equity and economic growth. Based on my 
experience developing Virginia's Coastal Resilience Master Plan, it 
will be critical that funded infrastructure and other port development 
activities consider and include projected climate impacts in their 
design and implementation, appropriate to the threats of that specific 
location, so that Federal dollars build infrastructure support that 
prepares for and builds long term resilience to anticipated future 
climate conditions. This will be the most effective use of this 
generational opportunity to improve our maritime systems and port 
infrastructure, and to ensure that the funding equitably serves all 
Americans, in communities of all sizes. Should I have the honor to be 
confirmed, I look forward to continuing MARAD's work to implement the 
additional authorities for the PIDP Program.

    U.S. Merchant Marine Academy. Despite the importance of the U.S. 
Merchant Marine Academy (``USMMA'') to our maritime workforce, the 
National Academy of Public Administration found in their November 2021 
report entitled ``Organizational Assessment of the U.S. Merchant Marine 
Academy: A Path Forward'' that the USMMA has ``lost its way.'' The 
report found that the Academy lacks strategic vision, oversight, and 
accountability, which are contributing to challenges including sexual 
assault and harassment, difficulties maintaining accreditation, 
persistent degradation of our facilities, and crumbling physical 
infrastructure.

    Question 1. Admiral, if confirmed, you will oversee the U.S. 
Merchant Marine Academy. How will you draw on your 30 years of 
experience as a leader in the U.S. Navy to address challenges 
identified by the NAPA report?
    Answer. Should I have the honor to be confirmed, I will draw from 
my Navy experience as a leader, knowing that USMMA will need strong 
leadership to address these challenges. My experience leading people at 
sea and on shore, and during times of conflict, makes me well suited to 
provide the vision and leadership needed for implementing change. I 
will focus first on safety as the foundational priority for DOT and as 
the ``North Star'' for the Maritime Administration. This includes 
continuing the work already underway by DOT and MARAD to address and 
eliminate sexual assault and sexual harassment in at the academy and in 
the maritime industry. I will further focus on USMMA's infrastructure 
challenges, continuing and building on work initiated to ensure a safe 
learning and training environment, and developing a strategic, funded, 
Capital Improvement Program to continue infrastructure improvements 
long term, and finally--working closely with the USMMA Superintendent 
and MARAD Staff--addressing staff and academic manpower needs, to 
ensure a sustained successful educational experience for our Nation's 
future maritime leaders.

    Question 2. Specifically, the NAPA report found that the Academy 
lacks strategic vision to address these challenges. What is your vision 
for the Academy?
    Answer. Independent reviews such as the NAPA report provide a 
blueprint of near-term and long-term actions to improve organizational 
function. It is my understanding that infrastructure deficiencies at 
the USMMA are not new, and that there is, sadly, a long history of 
neglect. The U.S. Merchant Marine Academy is a national gem, and must 
be a priority, in order to provide the bright and talented young men 
and women who attend the Academy with the best opportunities possible 
to support their safe and inclusive learning and training environment. 
My vision, if confirmed, is to build the path and lead actions to 
achieve that environment. Further, if confirmed, I intend to continue 
the efforts of MARAD and DOT to work closely with the USMMA 
Superintendent and the USMMA staff to engineer transformational change 
that will modernize the Academy's physical and human infrastructure.

    Question 3. Lastly, the report found that the Academy lacks 
staffing and leadership capacity to solve these problems. Will you 
personally engage in these issues to restore the USMMA to meet its 
mission?
    Answer. If confirmed, I will work closely with the USMMA 
Superintendent and the MARAD staff to continue the pace to restore the 
USMMA's staffing capacity, so that it can effectively execute its 
mission, educate and graduate leaders of exemplary character, and serve 
the national security, marine transportation and economic needs of the 
United States.

    Sexual Assault and Sexual Harassment in the Maritime Industry. This 
year, brave USMMA midshipmen came forward to speak about appalling 
instances of sexual assault and sexual harassment at the USMMA campus 
and during their Sea Year. Others in the maritime industry have 
publicly come forward to add that sexual assault and harassment is not 
just restricted to the USMMA but is reflective of the industry as a 
whole.
    During the October 2021 oversight hearing, U.S. Coast Guard 
Commandant Karl L. Schultz noted that in the last 10 years, the U.S. 
Coast Guard has had five cases related to sexual assault in the 
maritime industry and more needs to be done to encourage reporting. 
MARAD cannot solve these problems alone and will need to build strong 
relationships with other Federal agencies and with the maritime 
industry.

    Question 1. Drawing on your years as a leader in the U.S. Navy, 
what do you believe needs to happen to change the culture at the USMMA 
and in the maritime industry so there is confidence in reporting and 
more prosecutions to convict perpetrators?
    Answer. We must first build a culture of prevention, respect, and 
zero tolerance for perpetrators of harassment, intimidation and 
violence. But having a zero tolerance policy is not enough--from my 
experience in the U.S. Navy, the key and the challenge to build 
confidence in reporting is to ensure trust in a responsive, respectful, 
and supportive system and chain of command, free of retribution, and to 
provide the full range of medical, legal, psychological and other 
identified support for victims, with swift and sure action to 
investigate and hold perpetrators accountable. My understanding is that 
MARAD has begun to build this process with the EMBARC program, which 
replaces the previous SCCT process, instituted in 2016. There is no 
place in the maritime profession for a culture that allows predators to 
operate unchecked on our seaways. Should I have the honor to be 
confirmed, I am committed to creating a community that fosters mutual 
respect, support, and accountability.

    Question 2. How will you work with the maritime industry and the 
Coast Guard to address sexual harassment and assault at sea?
    Answer. Recognizing that the Coast Guard both regulates the 
maritime industry and provides law enforcement services at sea, if I am 
confirmed, I look forward to working closely with all stakeholders to 
establish a culture and climate that ensures prevention and respect, 
supports survivors, and punishes and removes perpetrators from seagoing 
vessels, whether they are operated by the U.S. government or the 
maritime industry.
                                 ______
                                 
 Response to Written Questions Submitted by Hon. Richard Blumenthal to 
                       Rear Admiral Ann Phillips
    Jones Act-Evading Time Charters. The U.S. Maritime Administration 
(MARAD) has failed to be transparent in reviewing time charter 
requests, effectively permitting non-U.S. citizens operational control 
of Jones Act-qualified, U.S.-flagged vessels (prohibited under law). 
Section 3502(b) of the Fiscal Year (FY) 2021 National Defense 
Authorization Act (NDAA) requires MARAD to post online detailed 
information about each request for a vessel charter under the general 
approval of time charters and, after an opportunity for public comment, 
the final action on the request retroactively from FY 20. To date, 
MARAD has posted one charter on its website, which the public comments 
resoundingly denounced as insufficient in detail. MARAD has also not 
yet posted the final action for that charter.

    Question 1. When will MARAD fully comply with section 3502(b) of 
the FY 21 NDAA?
    Answer. Should I have the honor to be confirmed, I will work with 
you to address these issues promptly and fulfill requirements under the 
NDAA.

    Question 2. What steps has MARAD taken to ensure future compliance 
with section 3502(b), including to permit meaningful public comment on 
time charter approval requests?
    Answer. Should I have the honor to be confirmed, I will examine the 
issues of concern with regards to MARAD's administration of these time 
charter requests.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Amy Klobuchar to 
                       Rear Admiral Ann Phillips
    Port of Duluth. The Port of Duluth is the largest and busiest port 
on the Great Lakes with 800 vessel visits and an average of 35 million 
short tons of cargo per year. As a result of rising construction costs, 
Minnesota has deferred building a portion of the Twin Ports 
Interchange--a project to replace aging infrastructure and better 
accommodate freight access--until 2024.

    Question 1. How do ports like this support rural communities?
    Answer. Our Nation's ports represent an interconnected network for 
the transportation of cargo, and rural communities are essential to 
that network. The just-enacted Infrastructure Investment and Jobs Act 
provides $2.25B in funding for the Port Infrastructure Development 
Program, which supports both rural and urban communities. If confirmed 
as Maritime Administrator, I will focus on delivering on MARAD's 
mission to enable the safe, reliable, and efficient movement of cargoes 
through financial assistance programs and by other means. Ports are 
centers for good-paying jobs, support American industry and benefit 
local and regional economies.

    Question 2. What roles do smaller and inland ports play in 
relieving some of the congestion from our coastal ports?
    Answer. Smaller ports can be the relief valve for overburdened 
larger ports and greater use of Marine Highways can relieve road 
congestion. If confirmed, I will consider every option to address the 
current supply chain disruptions, including ways MARAD may facilitate 
the use of smaller and inland ports as part of the solution.
                                 ______
                                 
  Response to Written Questions Submitted by Hon. Raphael Warnock to 
                       Rear Admiral Ann Phillips
    Port Development & Coastal Resilience. The Maritime Administration, 
through programs like the Port Infrastructure Development Program, 
plays a key role in supporting the economic development and viability 
of coastal communities in Georgia like Savannah and Brunswick--home to 
our two major deepwater ports. Savannah experiences some level of 
flooding approximately 10 times a year--up from an average of 5 times a 
year when I was a kid. The frequency of coastal flooding in Savannah is 
expected to dramatically increase, potentially up to 100 annual 
flooding events by 2045, if sea levels rise by just one foot. 
Furthermore, the communities that surround our Nation's freight 
shipping facilities and transportation corridors, like those around 
ports and intermodal connections, are subjected to higher levels of air 
pollution.

    Question 1. If confirmed, will you commit to consider the needs of 
coastal communities, particularly low-income communities and 
communities of color, who are often the most impacted by climate change 
and pollution, as you work to build strengthen our port infrastructure 
and prevent future supply chain disruptions?
    Answer. If confirmed, I will work to strengthen coastal ports and 
communities as we take a whole of government approach to ensuring 
fairness in our decision making processes and work to redress 
inequities in our policies and programs. By advancing equity across the 
Federal Government, we can create opportunities for communities that 
have been historically underserved. I note also that the expanded 
eligibilities in the Port Infrastructure Development (PIDP) Grant 
Program under the Bipartisan Infrastructure Law will enable funding to 
be awarded to projects that reduce or eliminate port-related criteria 
pollutant or greenhouse gas emissions, including projects for port 
electrification or electrification master planning, harbor craft or 
equipment replacements/retrofits, and the development of port or 
terminal micro-grids, among other projects. If I have the honor of 
being confirmed, I will work to ensure that the PIDP program is 
implemented in a manner consistent with these expanded eligibilities, 
which will enable the grants to help address the effects of port 
operations on surrounding communities--which are too often 
disadvantaged communities, including communities of color.

    Question 2. What actions do you believe are needed to protect ports 
and coastal communities from Savannah to St. Marys, and to improve both 
coastal resiliency and economic resiliency in the face of climate 
change?
    Answer. Coastal ports and communities are particularly vulnerable 
to rising sea level impacts. Should I have the honor of being 
confirmed, I look forward to identifying options to address resiliency 
throughout the Nation's supply chain, including through MARAD's 
financial assistance programs.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Roger Wicker to 
                       Rear Admiral Ann Phillips
    Question 1. The National Academy of Public Administration recently 
released a report showing that the U.S. Merchant Marine Academy has 
been under-resourced for far too long. Admiral Phillips, as the 
Maritime Administrator, you will have the primary responsibility for 
ensuring that the U.S. Merchant Marine Academy has the resources it 
needs to support a first class maritime education for the midshipmen 
who support the U.S. Strategic Sealift. Will you commit to working with 
me to ensure that the academy gets the resources and support it needs?
    Answer. Should I have the honor to be confirmed, I look forward to 
working with you to ensure the Academy gets the resources and support 
it needs.

    Question 2. Our Midshipmen are the best and the brightest, and I 
want to work with you to support them. Recently, MARAD declined to work 
with my office on my Improving Protections for Midshipmen Act, which 
would improve the Academy's ability to prevent and respond to the 
issues of sexual assault and harassment. I am deeply disappointed by 
this action, particularly because it is a sharp departure from the 
strong, collaborative relationship my office has previously enjoyed 
with MARAD. Will you commit to working with me and my office, including 
by providing timely responses to our questions and requests for 
technical drafting assistance?
    Answer. Should I have the honor of being confirmed, I will work 
collaboratively with the Committee, including on requested appearances 
before the Committee, and I will provide timely responses to requests 
for information.

    Question 3. Sea Year is an essential part of the education at the 
Merchant Marine Academy. In response to the Administration's Sea Year 
pause, the students at the Academy said, ``we love USMMA, feel 
privileged to be here and that spending a year at sea training on 
commercial and military ships has made us fully prepared to serve the 
United States as officers in the merchant marine and military 
service.'' I have inserted the Midshipmen's letter into the record. My 
Improving Protections for Midshipmen Act makes changes that will ensure 
Sea Year can remain a part of the curriculum for students. I strongly 
support the Administration's plan to restart Sea Year by December 22. 
Will you work with me to get students back to sea safely and quickly?
    Answer. It is my understanding that the Maritime Administration 
recently provided Congress with its plan to get the students back to 
sea safely and quickly. Should I have the honor to be confirmed, I look 
forward to working with you to ensure a safe and inclusive learning 
environment at the U.S. Merchant Marine Academy and on vessels where 
Cadets train.

    Question 4. The Center for Strategic and International Studies has 
raised serious concerns over China's control of the world shipping 
fleet. China controls over one-third of ships in the global fleet, 
while the U.S. controls just 0.4 percent. As the Maritime 
Administrator, your job will be to ensure that we have an adequate 
merchant marine to safeguard our economic and strategic security. What 
actions will you take to grow the size of our maritime fleet and to 
increase the number of mariners in the U.S. Merchant Marine?
    Answer. It is my understanding that MARAD maintains the organic 
sealift fleet according to requirements established by the Navy. Key 
programs supporting our commercial sealift today are the Cargo 
Preference program and the Maritime Security Program. New initiatives 
such as the Cable Security Fleet program and the recently authorized 
Tanker Security Program will also grow our commercial sealift capacity, 
support our economic and strategic security, and increase the number of 
jobs available to U.S. mariners. Should I have the honor of being 
confirmed, I will look to work with Congress and other stakeholders to 
identify and implement the best opportunities to grow the fleet, 
consistent with statutory authorities and appropriated funding.

    Question 5. One of the oldest marine highways, the Mississippi 
River, is a vital transportation hub for goods across the Nation. Can 
you speak about the importance of America's marine highways and how you 
plan to support further use of marine highways to facilitate maritime 
transportation?
    Answer. America's waterways are underused as cargo transport 
routes, and the benefits of using our marine waterways are significant. 
Such benefits include reducing road congestion and highway system wear 
and tear, providing shippers cost-effective alternatives for moving 
freight, and the potential to reduce pollution. Using our waterways 
more consistently would broaden public benefits and incentivize 
shippers to use these critical and available transportation routes. As 
you know, there is more investment opportunity as additional funding 
has been appropriated for the program, particularly in the recently 
passed Bipartisan Infrastructure Law. Should I have the honor of being 
confirmed, I look forward to using these additional resources to 
strengthen the Marine Highway Program.

    Question 6. What will you do to ensure that all cargo preference 
waivers are transparent and subject to both MARAD approval and public 
scrutiny, consistent with the President's recent Buy American Executive 
Order?
    Answer. It is my understanding that MARAD does not issue waivers of 
the cargo preference laws. That authority rests with the President, the 
Secretary of Defense, and Congress. In practice, the agency responsible 
for the movement of goods seeks MARAD's input on the availably of 
suitable U.S. vessels to meet its transportation requirements and MARAD 
concurs or non-concurs with that agency's determination of 
availability. If confirmed, I will work to ensure transparency in 
MARAD's determinative process.
                                 ______
                                 
      Response to Written Questions Submitted by Hon. Mike Lee to 
                       Rear Admiral Ann Phillips
    Question 1. If confirmed, what will be your key priorities?
    Answer. Should I have the honor to be confirmed, my priorities, 
consistent with my testimony, would be:

    First, promoting a strong U.S. Merchant Marine, continuing the 
recapitalization of the strategic sealift fleet, and building support 
for a competitive, safe, and modern maritime industry, capable of 
meeting strategic sealift support requirements and prepared to succeed 
in a contested environment. This includes addressing the many 
challenges at the U.S. Merchant Marine Academy, including implementing 
measures to support a safe and inclusive learning and training 
environment--both on campus and at sea.
    In addition, advancing the ongoing effort to address the Academy's 
many infrastructure challenges, strengthening MARAD's oversight of the 
Academy--supporting effective governance, and tackling the many other 
issues enumerated in the recently released National Academy of Public 
Administration study.
    Finally, to support effective and speedy implementation of the 
grant programs authorized under the Bipartisan Infrastructure Law, 
including those that will support our supply chains and ensure our 
investments in maritime infrastructure are resilient.

    Question 2. In your hearing, you stated that even if Deepwater Port 
Applications were to meet ``statutory requirements'' there is no 
guarantee that you would approve them. Instead, you asserted that they 
would be subject to a ``fair and equitable review.'' Can you define 
what ``fair and equitable review'' means? What other considerations 
will your review entail aside from statutory requirements? How will 
your own views on energy policy affect your decision making surrounding 
such licenses?
    Answer. By ``fair and equitable review'' I mean that, if I am 
confirmed I will evaluate, in an unbiased and objective manner, the 
merits of each deepwater port license application based upon the nine 
decision criteria set forth in the Deepwater Port Act of 1974. MARAD's 
evaluation process does and will continue to include a comprehensive 
and robust technical, environmental, and financial analyses of all 
aspects of the proposed deepwater port project; and will rely upon the 
expert guidance and considerations of the cooperating Federal, State, 
and local partners, including the expressed concerns of the Governors 
of the Adjacent Coastal State consistent with law. My understanding is 
that the statutorily required process allows for input from citizens of 
the affected communities. I have no pre-decisional opinion on any 
project.

    Question 3. What is your view on the use of technology to automate 
our Nation's ports? Has the lack of its adoption at U.S. ports had any 
effects on costs and efficiency? Should U.S. ports have the option to 
automate their ports and accept automated ships?
    Answer. It is my understanding that the Maritime Administration 
(MARAD) and DOT's other operating administrations have collaborated in 
recent years to address the impacts of new technologies on maritime 
ports. Should I have the honor of being confirmed, I look forward to 
working with you on the implementation of new technology in the 
maritime sector in ways that improve the throughput of goods, 
strengthen safety, and ensure employment opportunities for our Nation's 
maritime workforce.

    Question 4. The cost of U.S. domestic shipbuilding is 
astronomically high compared to other countries. Based on MARAD data, 
the Congressional Research Service has noted that U.S. built coastal 
size container ships are six to eight times greater than the cost of a 
similar ship of similar size in a foreign shipyard. In your view, why 
is the cost of U.S. domestic shipbuilding higher than comparative costs 
in foreign shipyards? The Congressional Research Service noted that one 
reason for the higher domestic shipbuilding costs is related ``to the 
absence of foreign competition and the lack of economies of scale.'' 
Does the Jones Act, which forecloses foreign competition, contribute to 
the astronomical costs of U.S. shipbuilding? And if not, then how do 
you explain this finding by the Congressional Research Service?
    Answer. It is my understanding that the primary contributor to the 
construction cost differential between U.S. built commercial vessels 
and comparable vessels built in other nations is the heavy 
subsidization of shipbuilding industries in the world's leading 
shipbuilding countries. These subsidies have allowed some nations to 
achieve economies of scale, effectively creating a barrier for other 
nations to enter the global market without introducing heavy subsidies 
of their own. In the case of China, one such estimate cites industry 
subsidies as having ``reduced shipyard costs by 13-20 percent, 
corresponding to 1.5 to 4.5 billion U.S. dollars, between 2006 and 
2012.'' Accordingly, the Jones Act does not appear to be a significant 
contributor to higher cost in U.S. shipbuilding when the full cost 
(including state-funded construction and input subsidies) that leading 
shipbuilding countries provide are considered. In fact, we should 
advocate for parity with the leading shipbuilding countries in terms of 
U.S. support for shipbuilding.
    American shipyards produce some of most innovative ships; for 
example, the first LNG-powered containerships in the world came from 
U.S. shipyards. The National Security Multi-Mission Vessel (NSMV) is a 
model for cost-effective shipbuilding by the Federal government using 
commercial practices managed by a domestic shipbuilding operator. It is 
well appreciated that American shipyard workers have a higher standard 
of living than most of the world's shipyard workers and are paid for 
their skills. These are good jobs for hard-working Americans.

    Question 5. There are no Jones Act carriers for liquefied natural 
gas (LNG) or propane. Places without pipelines like Massachusetts or 
Puerto Rico have had to import LNG from Russia or Venezuela. Is 
importing LNG from Russia or Venezuela a national security risk? We 
don't have any Jones Act vessels that can do the job in this situation. 
In the absence of building more pipelines (which I wholeheartedly 
support) is it better to import LNG from Russia or is it better to 
issue a Jones Act waiver so that we can procure energy products from 
U.S. domestic sources?
    Answer. If confirmed, I will discharge fairly MARAD's limited role 
in evaluating domestic capacity when the Department of Homeland 
Security is considering Jones Act waivers.

    Question 6. I believe dredging our ports is a key infrastructure 
project that must be prioritized.

  1.  How important is dredging at our Nation's ports for the economic 
        vitality of the United States?

  2.  Dredging can be expensive. In fact, the annual cost per cubic 
        yard of dredged material, adjusted for inflation, has 
        skyrocketed from $1.74 in 1970 to $5.77 in 2018--an increase of 
        232 percent. There are multiple reasons for the cost increase, 
        but the Government Accountability Office has noted that the 
        lack of competition for dredge ships is among them. Does the 
        Foreign Dredge Act of 1906 contribute to the lack of 
        competition identified by GAO? If not, what contributes to the 
        lack of competition?

  3.  Would you support creating exemptions to the Foreign Dredge Act, 
        including for the use of NATO affiliated dredge vessels, in 
        order to help meet the demand of our dredging projects? If not, 
        why not?

    Answer. Dredging is a cornerstone of our Nation's maritime 
infrastructure, ensuring channel depths and widths can accommodate 
vessels delivering critical goods through our supply chain. Dredging is 
an important aspect of maintaining the viability and competitive nature 
of our seaports. I appreciate that there are many factors that impact 
the cost of dredging to include the size and scope of projects, 
placement of dredged materials, and the availability of dredge 
equipment.
    It is my understanding that MARAD has seen increased interest in 
availability of financial assistance programs that would support 
building additional dredge vessels in the United States as a result of 
increased funding to the Army Corps of Engineers. If confirmed, I would 
defer to the U.S. Army Corps of Engineers on issues related to 
competition on dredging contracts. I would stand ready to work with 
Congress, the Administration and Federal agency partners to support our 
Nation's maritime infrastructure.
                                 ______
                                 
     Response to Written Questions Submitted by Hon. Rick Scott to 
                       Rear Admiral Ann Phillips
    Question 1. How would you use your position to solve the current 
port congestion and supply chain crisis?
    Answer. Should I have the honor to be confirmed, I look forward to 
working closely with Port Envoy John Porcari, and the President's 
Supply Chain Disruption Task Force. I understand that Port Envoy 
Porcari and the Task Force have been making significant progress to 
identify near-term opportunities and measures to address port 
congestion and facilitating coordination among port stakeholders on 
these actions.
    It is my understanding that the Administration is implementing 
funding flexibility for creative solutions to current supply chain 
disruptions by allowing for flexibility in port grants. Also, the 
Department of Transportation recently announced the award of over $250 
million in grants from the FY2021 Port Infrastructure Development 
Program (PIDP) and Marine Highway program, and the Bipartisan 
Infrastructure Law will authorize MARAD to open competition for a new 
round of port infrastructure grants in early 2022.
    If confirmed, I will continue to urge MARAD to be flexible within 
the authorities provided in statute in administering these programs in 
order to address our Nation's urgent needs.

    Question 2. The Biden Administration has indicated that combatting 
climate change, as well as many aspects of the Green New Deal, will be 
a focus across several sectors. How do you plan on addressing this 
issue within MARAD? What impact do you believe your policies will have 
on the private sector and small businesses?
    Answer. Currently, MARAD supports several programs that contain 
components that address criteria pollutant and greenhouse gas emissions 
reductions. Since 2010, MARAD has supported the Maritime Environmental 
and Technical Assistance (META) program. META partners with other 
government agencies, industry, and academia to address major maritime 
environmental challenges, one of those challenges being sector 
greenhouse gas emission reductions. For many years, META has focused on 
research, technology innovation, and demonstration of alternative fuels 
and technologies that reduce greenhouse gas emissions from ships as 
well as port activities.
    I note also that the expanded eligibilities in the Port 
Infrastructure Development (PIDP) Grant Program under the Bipartisan 
Infrastructure Law will enable funding to be awarded to projects that 
reduce or eliminate port-related criteria pollutant or greenhouse gas 
emissions, including projects for port electrification or 
electrification master planning, harbor craft or equipment 
replacements/retrofits, and the development of port or terminal micro-
grids, among other projects.
    These investments respond to emerging needs and demand from the 
maritime community to electrify terminal operations, reduce criteria 
pollutants, and modernize port infrastructure. These efforts to build 
cleaner and more resilient infrastructure will help the private sector, 
supply chains and small businesses across our maritime industry 
implement cutting-edge technology, remain globally competitive, and 
improve efficiency at our ports.
    If I have the honor of being confirmed, I will work to ensure that 
the PIDP and other programs are implemented in a manner consistent with 
these expanded eligibilities.

    Question 3. Do you promise to fully follow and administer all 
Federal laws under your jurisdiction?
    Answer. Should I have the honor to be confirmed, I promise to fully 
follow and administer all Federal laws under my jurisdiction.
                                 ______
                                 
   Response to Written Question Submitted by Hon. Maria Cantwell to 
                            Dr. Steven Cliff
    Question. Dr. Cliff, if confirmed, will you pledge to work 
collaboratively with this Committee, provide thorough and timely 
responses to our requests for information as we put together and 
address important policy issues, and appear before the Committee when 
requested?
    Answer. Yes, if confirmed, I will work collaboratively with the 
Committee, provide thorough and timely responses to your requests, and 
appear before the Committee if asked.

    Safe Streets and Roads for All. NHTSA estimates that 38,680 people 
died in motor vehicle traffic crashes in 2020. This would be the 
highest number of fatalities since 2007, despite the fact that 
Americans drove less in 2020 due to the pandemic.
    The Infrastructure Investment and Jobs Act provides $5 billion for 
a new Safe Streets and Roads for All Program that will provide funding 
for local communities and tribes to develop and carry out 
comprehensive, data-driven safety plans to prevent death and injury on 
roads and streets. These funds will help cities like Seattle and 
Bellevue implement existing vision zero plans, and will allow countless 
other communities to develop comprehensive plans with the goal of 
eliminating all traffic fatalities.

    Question 1. What kind of work does NHTSA do with vision zero 
communities to incorporate best practices from its Countermeasures that 
Work guide?
    Answer. NHTSA works with Vision Zero communities to provide 
information about proven countermeasures, both from our Countermeasures 
that Work guide and from innovative practices, such as those developed 
in the Road to Zero program. NHTSA also conducts demonstration projects 
that allow us to evaluate local and State innovative practices and 
countermeasures. NHTSA shares the results of its demonstration projects 
publicly. The process helps develop safety countermeasures and provides 
support for best traffic safety practices. NHTSA's Regional Offices 
also work directly with States to help tailor their safety plans to 
address the most pressing traffic safety problems, using a data-
oriented process. The work also involves overseeing State programs to 
ensure that at least 40 percent of their funds benefit the safety 
programs of local communities throughout the State.

    Question 2. What kind of outreach do you anticipate DOT will do to 
communities that have little experience with vision zero safety plans?
    Answer. NHTSA will use an array of techniques to help communities 
with little experience with Vision Zero safety plans, such as 
facilitating information exchanges between experienced and less 
experienced communities, providing information about successful 
programs and countermeasures, and helping to evaluate best traffic 
safety practices. NHTSA will also support webinars and use its time at 
regular conferences, including the annual Lifesavers National 
Conference on Highway Safety Priorities, to encourage the 
implementation of a Safe System Approach that addresses the needs of 
local communities. Finally, NHTSA will work with the State Highway 
Safety Offices and partner agencies such as the Federal Highway 
Administration to provide information and technical assistance to 
support working with Vision Zero communities.

    Electric Vehicles. According to a 2020 Consumer Reports survey, 7 
out of 10 American drivers are interested in purchasing an electric 
vehicle. Federal and state governments have taken action to support 
broader electric vehicle adoption, given the benefits that electric 
vehicles can provide to our environment, our health, and our economy. 
For example, the Washington state legislature has set an ambitious 
target of requiring all new cars sold in 2030 to be zero-emission 
vehicles.
    The Bipartisan Infrastructure Law required the Departments of 
Transportation and Energy to create a working group to coordinate the 
integration of electric vehicles into our transportation network. 
Earlier this month, the Biden Administration began implementing this 
Commerce Committee-directed provision by creating a Joint Office of 
Energy and Transportation and creating a new Advisory Committee on 
Electric Vehicles, focused on deploying electric vehicle infrastructure 
and coordinating Federal electric vehicle efforts.

    Question 1. As we look to accelerate the adoption of electric 
vehicles across the country, what is NHTSA doing to ensure the safety 
of electric vehicles?
    Answer. Battery Electric Vehicles (BEVs) are subject to the same 
Federal Motor Vehicle Safety Standards as internal combustion vehicles. 
Due to the small sample size of full BEVs operated on U.S. roadways, 
there is limited reliable data to compare BEVs to internal combustion 
engine vehicles. NHTSA continues to monitor its data systems and 
conducts special crash investigations of electric vehicle fire 
incidences to better understand the circumstances and consequences of 
vehicle fires.
    NHTSA is working on a proposal to add safety requirements in 
Federal standards for electric vehicle propulsion batteries. The 
proposal includes requirements to mitigate battery fires during normal 
vehicle operation, charging, and post-crash. Further, BIL provides 
increased funding for vehicle safety research, and NHTSA intends to 
conduct additional research on high-voltage battery safety, including 
expanded research into battery prognostics and diagnostics systems that 
can detect issues before fires begin. At the same time, NHTSA is 
working closely with industry, EMS groups, and other government 
agencies to enhance battery safety during a crash and develop best 
practices for emergency responders. NHTSA is closely monitoring reports 
of potential defects and will not hesitate to pursue recalls where 
merited.

    Question 2. How will the Joint Office and Advisory Committee 
support NHTSA's research, oversight, and enforcement activities related 
to electric vehicles?
    Answer. NHTSA is working with our colleagues in the Department on 
the implementation of the Joint Office and Advisory Committee. As these 
groups take shape, NHTSA will be working with them to make sure the 
agency benefits from their activities and that we can leverage what 
they are doing to support our own research and enforcement activities.

    Modernizing CAFE Standards. Washington State is disproportionately 
impacted by transportation emissions, which account for over 46 percent 
of total greenhouse gas emissions in the state. Thankfully, the Biden 
Administration has proposed updated CAFE standards to increase fuel 
efficiency and economy, helping to counter the climate crisis, improve 
public health, and ensuring consumers benefit from billions in fuel 
savings.
    Updating the CAFE standards is one important step in the right 
direction, however more could be done to improve fuel efficiency and 
reduce fuel costs for American drivers. Right now, CAFE compliance is 
tested in a lab using procedures developed in 1975 that no longer align 
with consumers' driving behaviors. The result is a growing difference 
between a vehicle's actual fuel economy performance on the road and the 
numbers on the vehicle's window sticker at the dealership.

    Question 1. How does continued use of test procedures from 1975 to 
determine compliance with fuel economy standards impact consumers and 
the technologies employed by manufacturers to improve fuel efficiency?
    Answer. The current CAFE compliance test procedures established in 
1975, consist of two test cycles, referred to as the city and highway 
cycles and more commonly as ``two-cycle'' testing. For model year 2008, 
the Environmental Protection Agency introduced revised test procedures 
to provide more accurate, real-world fuel economy values to better 
represent real-world performance. The revised procedures include three 
additional test cycles, and the five cycle test is proving to be more 
accurate. For MY 2013, EPA and DOT jointly updated the fuel economy 
label to accommodate both statutory provisions in Energy Independence 
and Security Act and the impending introduction of all electric and 
plug-in hybrid electric vehicles to the marketplace, which required 
additional, technology-specific procedures related to their all-
electric operation.
    Generally, the five-cycle test procedure has proven to provide 
representative real-world fuel economy values for the fuel economy 
label based on confirmation by independent organizations, and the lack 
of need for substantive revisions to the procedures since their 
introduction in 2007.

    Question 2. What opportunities could greater use of technologies 
that provide data on real-world fuel economy offer NHTSA in setting and 
overseeing compliance with fuel economy standards?
    Answer. The CAFE program is centered on prescribed test procedures 
to provide repeatable, verifiable results on new, unsold vehicles prior 
to their in-use operation. Real-world data provided by third parties 
can be difficult to reproduce in situations where the agency needs data 
based on controlled, repeatable environments. This is important as 
standard setting and compliance can result in significant impacts such 
as penalty assessments and legal judgments. Nevertheless, real world 
data may have potential for uses outside of government regulation and 
may be useful to both consumers and vehicle manufacturers.

    Question 3. What changes are needed to improve and modernize the 
CAFE program to meet the challenge of climate change?
    Answer. NHTSA is evaluating comments to our recent MY2024-26 CAFE 
proposal to determine whether statutory changes are necessary. We will 
also be evaluating post MY2026 regulatory changes following the 
completion of the MY2024-26 rule.
                                 ______
                                 
 Response to Written Questions Submitted by Hon. Richard Blumenthal to 
                            Dr. Steven Cliff
    Mandatory regulation of autonomous vehicles. The National Highway 
Traffic Safety Administration (NHTSA) has long eschewed mandatory 
regulations in favor of unenforceable guidelines for autonomous 
vehicles, like the voluntary reporting of information under the AV TEST 
Initiative. While I appreciate your commitment to making public the 
crash data reported under this summer's Standing General Order, the 
order simply does not go far enough. Moreover, while NHTSA waits to 
act, companies like Tesla are actively implementing technologies that 
are not proven to be safe, as evidenced by NHTSA's investigation into 
Tesla's Autopilot feature.

    Question 1. When does NHTSA plan to finalize a rulemaking and 
implement meaningful, enforceable safety standards for autonomous 
vehicles?
    Answer. NHTSA is committed to using all of its means to ensure the 
safety of autonomous vehicles. In the future, this may mean additional 
regulations. However, the lack of regulations presently does not mean 
that oversight is lacking and meaningful enforcement is not underway. 
As all manufactures are already obliged under the Motor Vehicle Safety 
Act (Chapter 301 of Title 49, U.S. Code) to achieve safety standards 
that protect the public from unreasonable risk, NHTSA can fully 
investigate autonomous vehicles and bring enforcement actions when 
necessary. The agency has a number of investigations of automated 
technology underway and will use the full range of its authority to 
ensure that vehicles on the road do not present an unreasonable risk to 
safety.

    Question 2. When will NHTSA make public the data it received under 
the Standing General Order? How will it do so?
    Answer. NHTSA plans to make the public information received under 
the Standing General Order available on its website in early 2022.

    Question 3. What specific steps is NHTSA currently taking to ensure 
autonomous vehicles are safe for all people on the road?
    Answer. Automated Driving Systems (ADS) offer the potential of 
significant safety enhancement opportunities for all people on the road 
at their maturity. As these systems are being developed and tested, 
they are still going through rapid changes, and NHTSA is evaluating the 
development of these technologies closely. NHTSA has a broad array of 
tools, including research, rulemaking, investigations, and enforcement, 
and will use these tools as necessary to ensure safety for occupants 
and other road users that share the transportation system. For example, 
NHTSA's Standing General Order provides timely incident information 
reporting to support the agency's safety oversight mission. In 
addition, the agency is using its investigative and enforcement 
authority to ensure that ADS and ADAS systems do not pose an 
unreasonable risk to safety, are not subject to foreseeable misuse and 
do not violate FMVSS. In addition, NHTSA is proactively researching how 
safety can be measured and assessed objectively and practically for 
future mature ADS. NHTSA is also researching occupant protection, crash 
prevention, including vulnerable road user safety, and crash 
compatibility aspects of ADS-equipped vehicles.

    Question 4. You said that NHTSA's investigations into Tesla should 
hopefully be completed ``soon'' and would guide the next steps in the 
investigation. Please provide more information about the status of 
NHTSA's investigation, including a more precise timeline for future 
action.
    Answer. The Tesla investigation involves the gathering of 
information from both the subject of the investigation and peer 
manufacturers and testing and evaluating those data. The process 
requires a thorough evaluation of all the information collected so that 
next steps can be determined. NHTSA understands the intense interest in 
the investigation, and it remains a high priority. Every effort will be 
made to complete the investigation in an efficient manner while doing 
so in a way that is thorough, fair and accurate.

    Vehicle seat back standards. Front seat back failures during 
crashes can have devastating consequences for rear passengers and are 
entirely preventable. Senator Markey and I have introduced legislation, 
S.1413, the Modernizing Seat Back Safety Act, to require NHTSA to 
update seat back safety standards. The Infrastructure Investment and 
Jobs Act included language requiring DOT to issue an advanced notice of 
proposed rulemaking (ANPRM) about vehicle seat back standards within 
two years, but did not include a requirement for a long-overdue final 
rule.

    Question. If confirmed, do you commit to expeditiously issuing an 
ANPRM and subsequently a final rule to update seat back safety 
standards?
    Answer. If confirmed, I am committed to implementing the provisions 
of the Bipartisan Infrastructure Law (BIL) as expeditiously as 
possible, including the issuance of an ANPRM to update the seat back 
safety standard. As directed in BIL, NHTSA will proceed to issue a 
final rule if such an action is consistent with the considerations of 
Motor Vehicle Safety Act.

    Timeline for knee bolster air bag rulemaking. In order to 
accommodate installation of hand controls for individuals with 
disabilities in automobiles, rental car companies often need to disable 
knee bolster air bags. Currently, only dealers and repair businesses 
are granted exemptions that allow for disabling air bags or other 
safety features. NHTSA's rulemaking to extend this exemption to rental 
car companies is still pending. In the meantime, the percentage of 
rental car stock that is--or could be--made available to individuals 
with disabilities is shrinking, limiting mobility options.

    Question. When does NHTSA plan to issue a final rule?
    Answer. This is a top priority for NHTSA and we are planning to 
finalize this important rulemaking before March 2022, consistent with 
our planned projections in the 2021 Fall Unified Agenda.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Edward Markey to 
                            Dr. Steven Cliff
    Autonomous Vehicle Technology. Autonomous vehicles (AVs) have the 
potential to reduce roadway crash fatalities and injuries, help lessen 
traffic congestion and vehicle emissions, and promote greater 
accessibility. However, the benefits of this technology can only be 
achieved if AVs are deployed correctly. Specifically, AVs must be 
subject to comprehensive and strong Federal standards that will ensure 
the technology is safe and saves lives.

    Question. If confirmed, what will you do to ensure the safety of AV 
technology for both car occupants and those sharing the road with self-
driving vehicles?
    Answer. If confirmed, I am eager to work with you and your 
colleagues in Congress to ensure that the Federal government is leading 
the way on safe autonomous vehicle operations nationwide. NHTSA will 
continue to make use of its full range of tools to effectively 
administer our safety oversight role. Among the activities, NHTSA will 
gather timely information from roadway incidents, use the full range of 
our investigatory and enforcement powers to support safety, use 
scientific findings from targeted research activities, and leverage our 
collaboration partners' collective knowledge to prioritize safety for 
the occupants and other road users that share the transportation system 
around an AV, including when they are being tested and developed on 
public roads, and when they are deployed.

    Crash Avoidance Technologies. Collision avoidance systems for motor 
vehicles include automatic emergency braking (AEB), lane departure 
warning (LDW), blind spot detection, rear AEB, and rear cross-traffic 
alerts. These technologies can help prevent and lessen the severity of 
crashes, as well as help to reduce our Nation's unacceptable motor 
vehicle crash death and injury toll. That is why Section 24208 of the 
Infrastructure Investment and Jobs Act requires the Department of 
Transportation to issue rules requiring Forward Collision Warning 
(FCW), AEB, LDW, and Lane Keeping Assistance (LKA) for all cars.

    Question. If confirmed, will you commit to promptly issuing these 
rules and ensuring these technologies can properly detect and respond 
to vulnerable road users such as pedestrians and bicyclists?
    Answer. If confirmed, I am committed to expeditiously implementing 
the provisions in the Bipartisan Infrastructure Law, including rules 
requiring Forward Collision Warning (FCW), AEB, LDW, and Lane Keeping 
Assistance (LKA) for passenger vehicles.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Gary Peters to 
                            Dr. Steven Cliff
    Autonomous Vehicles. The Fall 2021 Unified Agenda of Regulatory and 
Deregulatory Actions stated that NHTSA may incorporate a pilot program 
regarding autonomous vehicle testing into a rulemaking titled 
``Expansion of Temporary Exemption Program to Domestic Manufacturers 
for Research, Demonstrations, and Other Purposes.'' The pilot program 
was the subject of a separate regulatory proposal aimed at obtaining 
real-world data that could inform regulatory and legislative efforts to 
foster the safe development and deployment of autonomous vehicles, but 
which NHTSA has announced is being withdrawn.

    Question. How might NHTSA advance the pilot program or its goals 
through the rulemaking identified above? What is the timeline for 
implementing these actions?
    Answer. NHTSA is planning to publish a notice of proposed 
rulemaking by April 2022, consistent with our planned projections in 
the 2021 Fall Unified Agenda. The rulemaking would propose to expand a 
temporary exemption program to allow domestic manufacturers to 
research, test, and evaluate vehicles on public roads. If adopted, the 
rulemaking could help domestic manufacturers to test vehicles equipped 
with Automated Driving Systems and provide the agency with additional 
information about the safety of automated vehicles.

    International Standards. The promotion of U.S. auto standards can 
be a critical tool in strengthening safety around the world, while also 
helping the U.S. auto industry and American autoworkers grow domestic 
vehicle manufacturing and exports to developing markets overseas. NHTSA 
can play a crucial role in this effort, which will be increasingly 
important to supporting the Nation's technological leadership with 
respect to autonomous vehicles.

    Question. If confirmed, would you work to advance and prioritize 
NHTSA's international work, most notably the work conducted through 
global auto safety regulatory forums?
    Answer. Yes. If confirmed, I will work to ensure that NHTSA 
continues to promote Federal Motor Vehicle Safety Standards (FMVSS) and 
U.S. traffic safety policies internationally. Such approaches continue 
to be critical to strengthening safety around the world. NHTSA will 
also remain an active participant in various international safety fora, 
including the United Nations Economic Commission for Europe and the 
Asia-Pacific Economic Cooperation Auto Dialogue.

    Crash Tests. I authored legislation, the FAIR Crash Tests Act (S. 
2007), which was cosponsored by Senator Fischer and became law as part 
of the bipartisan infrastructure bill. The legislation directs GAO to 
evaluate how NHTSA's deployment of crash test dummies in the New Car 
Assessment Program, such as a failure to conduct tests with dummies 
representative of women in the driver's seat, may contribute to women 
being disproportionately more likely to be killed or injured in car 
crashes.

    Question. Will you ensure that NHTSA cooperates with GAO's efforts 
to complete this study? What other actions will you consider taking to 
address the concerns underlying the FAIR Crash Tests Act?
    Answer. Yes, NHTSA will fully cooperate with GAO's efforts. NHTSA 
has developed comprehensive research plans to address equity in 
crashworthiness safety that include advances in crash test dummies and 
human body modeling. For example, NHTSA has a series of programs 
specially focused on female crash safety and efforts are underway 
generally to consider occupants and vulnerable road users of all ages, 
shapes, and sizes.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Jacky Rosen to 
                            Dr. Steven Cliff
Topic. Marijuana Impaired Driving Prevention
    Question. Nevada is one of the growing number of states that have 
legalized marijuana for both medicinal and recreational purposes. If 
you are confirmed, what new efforts will the National Highway Traffic 
Safety Administration (NHTSA) take to support programs in such states 
to prevent marijuana-impaired driving?
    Answer. NHTSA is accelerating research with academia and other 
Federal partners on the effects of drugs on impaired driving, including 
the development of drug-impaired screening and detection devices to 
provide a powerful tool for identifying drug-impaired drivers. NHTSA's 
research focus continues to be on understanding the complex role drugs 
play in impairment. The Bipartisan Infrastructure Law provides 
additional resources to State Highway Safety Offices to address drug-
impaired driving at the State and local levels.
    NHTSA is also increasing its outreach and technical assistance to 
help States and local agencies use our new Drug-Impaired Driving 
Criminal Justice Evaluation Tool designed to allow agencies to assess 
and strengthen their drug-impaired driving programs. Supplemental 
funding in the Bipartisan Infrastructure Law will enhance NHTSA's work 
to provide training, education, best practices and effective 
countermeasures on drug-impaired driving for law enforcement, 
prosecutors, judges, toxicologists and probation officers.
Topic. Differing Traffic Safety Needs for Each State
    Question. Every state faces different traffic safety challenges and 
cultures. How will you work effectively with states like Nevada to 
address the unique needs of states, municipalities, and tribes?
    Answer. NHTSA provides grants and technical assistance to States 
and the Bureau of Indian Affairs, on behalf of Indian Tribes, to ensure 
each State and interested Tribe can and does address its own unique set 
of highway safety problems. NHTSA assists States in analyzing their 
data, setting annual performance targets, and planning programs 
designed to address specific highway safety problems a particular State 
is experiencing. NHTSA is encouraging States to broaden their program 
bases to ensure they are meeting the safety needs of high-risk and 
under-served populations, as well as vulnerable road users, and that 
they follow a Safe Systems Approach that allows them to optimize 
program reach and effectiveness.
Topic. Nevada Rural Road Safety
    Question. Nevada is home to many vibrant, rural communities, 
stretching across hundreds of miles of deserts, mountains, and valleys. 
A significant proportion of traffic deaths in our state occur on rural 
roads crossing this terrain. If confirmed, what initiatives will you 
undertake to address rural road safety?
    Answer. If confirmed, NHTSA will continue to work closely with 
States with significant rural areas to specifically address rural 
safety issues, facilitate the sharing of best practices among rural 
States, and continue to identify effective countermeasures that are 
relevant and can be implemented in rural areas. NHTSA also plans to 
continue a focus on demonstration programs that target rural 
communities. This includes programs like ``high five'' that focuses on 
educating drivers in five counties within a State with the lowest seat 
belt rates. The success of the original program in Iowa that saw 
increased seat belt use and decreased fatalities is now being 
replicated in Arkansas and Kentucky. The supplemental funding contained 
in the Bipartisan Infrastructure Law will provide significant 
additional resources Nevada can use to address rural safety through 
these kinds of programs.
    NHTSA also works closely with EMS and 911 communities to assess 
service and training needs for rural providers and to work toward an 
improved system of coordinated response and emergency medical care 
integral to reducing injury and mortality on rural roads. NHTSA 
publishes rural/urban fact sheets, compilations of rural crash data, 
geospatial summaries of crash fatalities, and research reports to 
inform program and funding decisions at the state and local levels.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Kyrsten Sinema to 
                            Dr. Steven Cliff
    Infrastructure Investment and Jobs Act Implementation. The 
bipartisan Infrastructure Investment and Jobs Act (IIJA) included 
updated safety requirements for new vehicles. The National Highway 
Traffic Safety Administration (NHTSA) will develop at least eleven new 
rules to implement these requirements. These rules will detail the 
types of crash avoidance and drunk driving prevention technology that 
must be installed in new vehicles. Importantly for Arizona and other 
states with warm climates, the IIJA includes a directive that new 
vehicles have an alert system to remind drivers to check their back 
seats to ensure children and pets are not accidentally left in hot 
cars.

    Question. How will you work to ensure NHTSA will implement these 
rules effectively and efficiently?
    Answer. The Bipartisan Infrastructure Law (BIL) provides an 
increase in NHTSA funding that is the largest investment in motor 
vehicle and highway safety since the agency was created fifty years 
ago. If confirmed, I will remain committed to using this significant 
increase in resources to move forward expeditiously on a wide variety 
of safety initiatives, including rulemaking efforts that are important 
to protect the traveling public. One of the most tragic events 
imaginable is the death of a child inadvertently left in a hot car--an 
important concern you note for Arizona. I am especially committed to 
addressing this, so that no family endures the pain of losing a child 
in this manner in the future.

    Multiple Substance Impaired Driving Act. The IIJA included 
bipartisan legislation I cosponsored, the Multiple Substance Impaired 
Driving Act, which authorizes NHTSA's National Priority Safety Program 
to use program funding for drug toxicology tests and on impaired driver 
training for local law enforcement agencies.

    Question. How will this change provide greater flexibility to local 
police and sheriff departments who receive funding from the National 
Priority Safety Program? Do you anticipate any issues in carrying out 
these new requirements?
    Answer. The added authorities will provide States with greater 
flexibilities to address the problems of drug-impaired driving, 
broadening the available uses of Federal funding. The additional 
flexibilities will allow States and local jurisdictions to increase 
drug testing and ensure that local law enforcement has the needed 
training to identify drug-impaired drivers. NHTSA has already begun the 
process of discussing the changes in the Bipartisan Infrastructure Law 
with States and their national organizations to make sure they are 
aware of these added flexibilities, and we do not anticipate any issues 
in carrying out these new requirements.

    Autonomous Vehicles. Arizonans have become accustomed to seeing 
autonomous vehicles (AV) on highways and neighborhood streets since 
several AV companies began testing their vehicles in the state in the 
mid-2010s. Though AVs have the potential to vastly improve vehicle 
safety, it is important for current operators of AVs to remain aware of 
their surroundings, since no vehicles currently on the road are 
completely self-driving. As AV technology continues to improve, some 
prefer that Congress act to establish clear rules of the road, while 
others prefer that NHTSA undertake a rulemaking process to establish 
clear AV standards.

    Question 1. What are your thoughts on this issue?
    Answer. NHTSA's current authorities equip it with a variety of 
tools to ensure safety. Whether we engage in specific rulemaking 
related to AVs, investigate individual incidents, or provide continued 
guidance, NHTSA will work aggressively to ensure the safe performance 
of AVs on the road and use its enforcement authority under the Motor 
Vehicle Safety Act as necessary. NHTSA is continuing to evaluate and 
monitor the development of these technologies and will carry out 
research into their performance. To ensure safety in the AV arena, 
NHTSA will make use of all of its tools, and that may include updating 
previously released guidance or carrying out additional rulemaking 
actions.

    Question 2. If confirmed, what steps will you take at NHTSA to lay 
the groundwork for future AV standards?
    Answer. NHTSA is committed to ensuring the safety of AV 
technologies available to the public while promoting innovation. To do 
so, NHTSA will gather timely information from roadway incidents, use 
the full range of our investigatory and enforcement powers, use 
scientific findings from targeted research activities, and leverage our 
collaboration partners' collective knowledge to prioritize safety for 
occupants, vulnerable road users and all others that share the 
transportation system with an AV, including during testing, development 
and deployment. All of these activities will inform the agency on how 
to consider adopting future standards.

    Highway Safety Grants. NHTSA's Office of Regional Operations and 
Program Delivery disperses highway safety grants to all 50 states and 
U.S. territories. The IIJA included $1.1 billion over five years in 
supplemental appropriations for NHTSA to provide grants to states to 
operate programs that will improve driver behavior and safety.

    Question. Are you confident that NHTSA has the technical 
capabilities to operate this program? Will qualifying state and 
territorial governments receive their grants in a timely manner?
    Answer. NHTSA has a dedicated Regional Operations and Program 
Delivery (ROPD) team in place to provide technical assistance, 
training, and other support to States to operate programs to improve 
driver behavior and safety. This assistance will take the form of in-
depth analysis of current State programs, identifications of short-
term, impactful strategies, and targeted technical assistance to assist 
States in upgrading their programs to use the supplemental funding 
available under the Bipartisan Infrastructure Law (BIL). NHTSA is 
committed to ensuring that all qualifying jurisdictions receive their 
grants in a timely manner. On December 15, 2021, NHTSA provided $260 
million to States from the Highway Trust Fund and the supplemental 
grant funding under BIL. NHTSA will provide additional funding to 
States as Congress appropriates additional sums this year.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Ben Ray Lujan to 
                            Dr. Steven Cliff
Topic. Underride
    During the hearing, I got the chance to share with you the story of 
Riley Eric Hein, a 16-year-old from Albuquerque who died in an 
underride crash in 2015. I shared this story with you not only to honor 
Riley's memory, but also to bring awareness to the danger of underride 
crashes.
    These collisions are preventable, and with investment and research 
in necessary technologies, we can save lives. I am so glad that 
Congress and President Biden finally took action on this issue in the 
recently passed Infrastructure Investment and Jobs Act, which would 
require the Department of Transportation to do additional research on 
side underride guards to understand and report on their effectiveness.

    Question 1. Has the National Highway Traffic Safety Administration 
(NHTSA) begun the research regarding underride guards, which is 
required in this legislation? If not, when does NHTSA plan to begin 
this vital project?
    Answer. In accordance with the Bipartisan Infrastructure Law, NHTSA 
has initiated the research regarding underride guards and will work to 
complete the project as soon as possible.

    Question 2. Do you commit to dedicating the necessary time and 
resources to doing the research necessary to understand existing and 
future technologies to prevent side underride crashes?
    Answer. If confirmed, I will ensure that NHTSA will dedicate the 
necessary time and resources to study this issue and to do the research 
necessary to understand whether technologies will prevent side 
underride crashes.

    Question 3. What is the timeline for setting up the Advisory 
Committee On Underride Protection that was also established in the 
infrastructure bill?
    Answer. NHTSA is actively working with our safety partners in the 
Department to establish the Advisory Committee. There are several steps 
required to be met before a first meeting is possible, but the goal is 
to establish the committee expeditiously so that a meeting schedule can 
be publicized in the Federal Register as soon as practicable.
                                 ______
                                 
  Response to Written Questions Submitted by Hon. Raphael Warnock to 
                            Dr. Steven Cliff
    Interpretation Letters. As you are aware, the National Highway 
Traffic Safety Administration (NHTSA) interprets relevant statutes and 
the regulations that it promulgates. Because Federal statutes and 
regulations are complex and open to interpretation, NHTSA provides a 
service wherein it provides responses to questions from the public 
about motor vehicles or motor vehicle equipment and how relevant 
statutes and regulations may apply. These responses, or letters of 
interpretation, are guidance documents that look at the facts presented 
in the question and explains how the law applies given those facts.
    These interpretation letters are an extremely helpful resource that 
shows how the agency might answer similar questions or address similar 
situations, aiding vehicle manufacturers, suppliers, safety 
researchers, and members of the public that interact with NHTSA and may 
be grappling with compliance questions. Unfortunately, it appears that 
the NHTSA website is out of date and hasn't posted an interpretation 
letters in about two years.

    Question. Has NHTSA issued interpretation letters in the past two 
years and what is the status of updating the website?
    Answer. NHTSA continues to respond to members of the public who 
submit requests for interpretation and has provided several 
interpretation letters over the past two years. Moving forward, NHTSA 
will provide updated website access that covers recent published 
interpretations and take steps to improve overall public availability 
of interpretations.

    Question. If there are letters that have been issued, but not 
posted publicly, what has caused the delays? And could the funding in 
the Infrastructure Investment and Jobs Act help address any backlogs 
related to interpretation letters or other regulatory work?
    Answer. Letters of interpretation are delivered to the individual 
requestor and saved to our website for viewing by the public. NHTSA 
will use available resources, including from the Bipartisan 
Infrastructure Law, to expedite the issuance of interpretations and to 
make necessary improvements to the public-facing website, furthering 
our efforts to make official interpretations more accessible.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Edward Markey to 
                            Dr. Steven Cliff
    Autonomous Vehicle Technology. Autonomous vehicles (AVs) have the 
potential to reduce roadway crash fatalities and injuries, help lessen 
traffic congestion and vehicle emissions, and promote greater 
accessibility. However, the benefits of this technology can only be 
achieved if AVs are deployed correctly. Specifically, AVs must be 
subject to comprehensive and strong Federal standards that will ensure 
the technology is safe and saves lives.

    Question. If confirmed, what will you do to ensure the safety of AV 
technology for both car occupants and those sharing the road with self-
driving vehicles?
    Answer. If confirmed, I am eager to work with you and your 
colleagues in Congress to ensure that the Federal government is leading 
the way on safe autonomous vehicle operations nationwide. NHTSA will 
continue to make use of its full range of tools to effectively 
administer our safety oversight role, including gathering timely 
information from roadway incidents, using the full range of our 
investigatory and enforcement powers to support safety, using 
scientific findings from targeted research activities, and leveraging 
our collaboration partners' collective knowledge to prioritize safety 
for the occupants and other road users.

    Crash Avoidance Technologies. Collision avoidance systems for motor 
vehicles include automatic emergency braking (AEB), lane departure 
warning (LDW), blind spot detection, rear AEB, and rear cross-traffic 
alerts. These technologies can help prevent and lessen the severity of 
crashes, as well as help to reduce our Nation's unacceptable motor 
vehicle crash death and injury toll. That is why Section 24208 of the 
Infrastructure Investment and Jobs Act requires the Department of 
Transportation to issue rules requiring Forward Collision Warning 
(FCW), AEB, LDW, and Lane Keeping Assistance (LKA) for all cars.

    Question. If confirmed, will you commit to promptly issuing these 
rules and ensuring these technologies can properly detect and respond 
to vulnerable road users such as pedestrians and bicyclists?
    Answer. If confirmed, I am committed to expeditiously implementing 
the provisions in the Bipartisan Infrastructure Law, including rules 
requiring Forward Collision Warning (FCW), AEB, LDW, and Lane Keeping 
Assistance (LKA) for passenger vehicles.

    Automatic Emergency Braking Systems on Commercial Motor Vehicles. 
Section 23010 of the Infrastructure Investment and Jobs Act requires 
the Department of Transportation to issue a rule mandating Automatic 
Emergency Braking (AEB) on large trucks within two years of enactment. 
Section 23010 of the Infrastructure Investment and Jobs Act also 
requires the Department of Transportation to conduct research on 
equipping smaller trucks with AEB within two years of enactment. 
Equipping small, medium, and large trucks with AEB could result in 
significant crash and fatality reductions, as well as make neighborhood 
streets safer for pedestrians, bicyclists, children, older adults, 
people in wheelchairs and other vulnerable road users.

    Question. If confirmed, what specific steps will you take to ensure 
that NHTSA meets these statutory deadlines, completes its research, and 
requires that small, medium, and large trucks are equipped with AEB?
    Answer. The Bipartisan Infrastructure Law (BIL) provides an 
increase in NHTSA funding that will allow the agency to move forward on 
several important rulemaking initiatives. If confirmed, I am committed 
to expeditiously completing the research and rulemakings required in 
the BIL. To deliver on the provisions of Section 23010, we have already 
established a cross-functional rulemaking team for truck AEB, we are 
putting together a research roadmap to support the rulemaking 
decisions, and we will allocate the necessary resources within NHTSA to 
carry out the requirements.

    Whistleblowers. Congress passed the NHTSA whistleblower program in 
December 2015, and gave NHTSA eighteen months to issue regulations for 
implementation. However, more than four years after that deadline, 
NHTSA has not fully launched this critical program. I am glad that 
NHTSA has now publicly said it will propose regulations for the 
whistleblower program by January 2022.

    Question. If confirmed, will you commit to ensuring that NHTSA both 
proposes and finalizes regulations for the whistleblower program as 
soon as possible?
    Answer. If confirmed, I am committed to expeditiously issuing a 
proposed and final rule for NHTSA's whistleblower program. While the 
regulations are in development, NHTSA continues to review and act on 
information provided by whistleblowers.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Roger Wicker to 
                            Dr. Steven Cliff
    Question 1. The Department of Transportation's Unified Regulatory 
Agenda for Fall 2021 delays multiple rulemakings that could help 
advance critical safety technology such as autonomous vehicles. These 
include the Facilitating New Automated Driving System Vehicle Designs 
for Crash Avoidance Technologies, the Framework for Automated Driving 
Systems Safety (which remained unchanged), and the Occupant Protection 
for Automated Driving Systems. Can you provide the Department's 
reasoning for delaying these rulemakings?
    Answer. NHTSA remains committed to the safe deployment of new 
technologies and continues to closely evaluate these technologies as 
they are being developed and tested. NHTSA is analyzing comments from 
the crash avoidance rulemaking as it explores governance possibilities 
beyond the current FMVSS framework. We are also working to finalize the 
occupant protection rulemaking proposal in the near future.

    Question 2. The actions the National Highway Traffic Safety 
Administration (NHTSA) has taken this year, including the Standing 
General Order and the letters to automakers, take a more punitive 
approach to information collection than, for example, the advance 
notice of proposed rulemaking in 2019. Does NHTSA plan to work 
collaboratively with stakeholder experts to update Federal autonomous 
vehicle policy? Additionally, how will the agency use the information 
it collects from the Standing General Order and the responses to 
NHTSA's letters, and will that information be made public?
    NHTSA chose to advance the data collection by mandating a response 
from the automakers rather than a rulemaking. Can you provide clarity 
as to why you chose to forego the regular public notice and comment 
actions?
    Answer. NHTSA will continue to collaborate with all stakeholders to 
continuously improve and update guidance on automated driving systems. 
The Standing General Order (SGO) provides NHTSA with proactive access 
to data on a regular basis so that potential safety issues are 
identified early. The data will also further lines of inquiry and 
research and inform policy development. NHTSA chose the SGO approach to 
expedite access to this important safety data and to better fulfill its 
obligation to ensure the safety of the traveling public. While the 
agency typically uses rulemaking to address issues of more general 
applicability, the SGO requests information in a more targeted way and 
was issued pursuant to NHTSA's information gathering authority under 
the Motor Vehicle Safety Act. The SGO also was carried out in 
compliance with the Paperwork Reduction Act (PRA), which requires 
public notice and comment. The agency is currently analyzing comments 
it received from interested parties, including the regulated industry, 
in response to its PRA publication in the Federal Register. Information 
collected under the SGO and other responses will be made available to 
the public, and NHTSA expects to do so in early 2022.

    Question 3. In 2019, NHTSA began investigating, through an advance 
notice of proposed rulemaking, the removal of regulatory barriers for 
highly automated vehicles--in other words those operating at a level of 
automation not currently available on U.S. roadways. How has NHTSA used 
the information received as part of its solicitation for comments? What 
regulatory barriers have been identified and addressed since 2019? What 
regulatory barriers is the agency currently working to remove and when 
can they be expected? What is NHTSA doing to speed up approval of Part 
555 exemption petitions for AVs without manual controls in order to 
maintain U.S. AV leadership while the regulatory barriers are being 
addressed?
    Answer. NHTSA is using the information received from the request 
for comments to inform decisions regarding vehicle research and 
rulemaking priorities. In addition, since 2019, NHTSA has identified 
potential barriers in current Federal Motor Vehicle Safety Standards 
(FMVSS) that contain requirements for vehicles to be equipped with 
traditional driver controls, as well as FMVSS that reference driver 
seating positions. While NHTSA does not believe that these requirements 
pose barriers for ADS-equipped vehicles with conventional driver 
controls and conventional seating, NHTSA has identified the 
requirements as potential barriers for ADS-dedicated vehicles (ADS-DVs) 
that lack traditional controls and vehicles with unconventional 
seating. NHTSA continues to explore options to improve vehicle safety 
through innovative technologies.
    To address vehicles without manual controls, NHTSA previously 
clarified in a Federal Register notice published in December 2020, that 
the FMVSS test conditions and procedures apply to NHTSA's own 
compliance testing but not to certifications by the manufacturer. This 
means that manufacturers can certify a vehicle that cannot be tested in 
accordance with the test procedures in the FMVSS if they can rely on 
alternative means showing that they have exercised ``reasonable care'' 
in certifying the vehicle. The clarification has reduced the need for 
petitions and the overall number of Part 555 exemptions that need to be 
filed. NHTSA is also finalizing a rulemaking that amends certain 
crashworthiness standards associated with the certification of motor 
vehicles without driver controls and is conducting research on 
alternative test procedures for incorporation into the FMVSS for 
vehicles that lack traditional controls.

    Question 4. NHTSA's proposed corporate average fuel economy 
standards rule sets increased fuel efficiency standards for model years 
2024-2026, and appears to rely on increased electric vehicle sales to 
meet the requirements. To what extent are the fuel economy standards 
NHTSA is proposing reliant on an increase in zero emission vehicle 
sales? What action will NHTSA take if those sales do not materialize, 
either because consumers are not ready to purchase these vehicles or 
because the assumptions NHTSA makes are incorrect?
    NHTSA's proposed rule estimated that the rule would increase the 
average cost of a vehicle by $960 by 2029. Has NHTSA factored in 
current inflationary pressures and the effects those pressures have on 
consumers' ability to purchase vehicles when developing its analysis?
    Answer. NHTSA's proposed rule estimates close to $140 billion in 
fuel savings for new vehicles sold by 2030 and $470 billion by 
midcentury. When NHTSA analyzes different potential CAFE standards, it 
carefully considers both consumer fuel expenditures (as part of the 
need of the United States to conserve energy) and consumer demand for 
vehicles with improved fuel economy and the potential effect of 
different levels of CAFE standards on vehicle sales. Vehicles equipped 
with fuel-saving technology pay their owners back over time through 
savings at the fuel pump or charger. NHTSA's analysis relies on the 
Energy Information Administration's Annual Energy Outlook for fuel 
price forecasts, which suggests that fuel prices will rise over time, 
increasing the consumer benefit of higher fuel economy. NHTSA's 
analysis also projects that fuel economy-improving technology will 
become cheaper to apply over time as manufacturers gain more experience 
with it. These analyses give NHTSA confidence that any cost increases 
in new vehicles that could be attributable to the CAFE program will be 
cost-effective and not unduly impactful on new vehicle sales. NHTSA 
does not consider alternative fuel vehicles such as electric vehicles 
in setting CAFE standards, though automakers can use these vehicles to 
comply with the standards.

    Question 5. In its most recent proposal for CAFE standards, has 
NHTSA attempted to similarly ensure that CAFE standards do not add 
undue costs associated with multiple Federal and State regulations, and 
if so, how?
    Answer. The Energy Policy and Conservation Act (EPCA) of 1975, as 
amended by the Energy Independence and Security Act (EISA) of 2007, 
requires NHTSA to consider ``the effect of other motor vehicle 
standards of the Government'' on fuel economy when NHTSA is determining 
what CAFE standards would be ``maximum feasible.'' In its recent 
proposal, NHTSA considered California's zero emission vehicle (ZEV) 
sales mandates by adding it to the baseline. The baseline is an 
estimate of ``the world as it would exist in the absence of new CAFE 
standards,'' so NHTSA assumed that automakers would comply with the ZEV 
mandate irrespective of any further action on CAFE. NHTSA also 
coordinates closely with the Environmental Protection Agency to ensure 
that its rules work in tandem with EPA greenhouse gas standards.

    Question 6. NHTSA estimated 14 percent plug-in vehicle share is 
needed to meet the proposed standards. The 2021 Year-to-date plug-in 
electric vehicle sales averaged 3.9 percent versus roughly 2 percent in 
2020. What does NHTSA estimate as the required share of non-electric 
vehicles in order for manufacturers to meet the proposed CAFE standards 
for model year 2026?
    Answer. In its proposal, NHTSA estimated that approximately 81 
percent of the fleet will be non-electrified vehicles in Model Year 
2026. NHTSA does not consider alternative fuel vehicles in setting 
standards even though manufacturers can choose to comply with the CAFE 
standards by producing such vehicles, including electric vehicles.

    Question 7. The recent Environmental Protection Agency trends 
report that was issued just last month noted that automakers attained 
record high fuel economy and record low greenhouse gas (GHG) emissions, 
but also that most automakers had to rely on credits that they 
previously earned or purchased to comply with GHG rules. Do you expect 
this trend of non-attainment for the actual standards to continue?
    Answer. NHTSA has no reason to believe that manufacturers will stop 
relying on credit trades and transfers as a compliance tool, but they 
are not the only compliance tool, nor can they be used forever. Some 
manufacturers may consistently over-comply with the standards, and thus 
continue to have credits to sell; other manufacturers may make business 
decisions about whether to make fuel economy improvements or, instead, 
purchase credits from an over-complying competitor. CAFE compliance can 
be achieved either way. As standards increase in stringency over time, 
it is foreseeable that more manufacturers will choose to make their own 
improvements--this is consistent with numerous manufacturer 
announcements of forthcoming higher fuel-economy models.

    Question 8. NHTSA has been evaluating updates to the U.S. New Car 
Assessment Program (NCAP) for some time, and the recently passed 
bipartisan infrastructure legislation included additional direction for 
NHTSA on NCAP. When will NHTSA publish its updated NCAP proposal? What 
is the current status of NHTSA's work to modernize NCAP?
    Answer. Consistent with the Bipartisan Infrastructure Law, NHTSA is 
planning to issue a notice requesting public comment on updating NCAP 
to add new advanced crash avoidance technologies and to develop a 
multi-year agency roadmap for future updates. NHTSA is planning to 
issue the notice in early 2022. NHTSA is also working on an update to 
the vehicle safety rating section of the Monroney label to include 
crash avoidance safety information.

    Question 9. What partnerships has NHTSA reinforced with law 
enforcement agencies during the rise in roadway fatalities over the 
last two-years? Do you agree that enforcement of our Nation's traffic 
laws is one of the best ways to help protect the traveling public?
    Answer. Traffic enforcement is one of many proven safety 
countermeasures NHTSA and states use to influence safe driving 
behavior, and NHTSA is committed to using all available and effective 
tools to combat the current highway safety crisis. NHTSA has long 
collaborated with law enforcement through its law enforcement liaison 
program, and with organizations such as the International Association 
of Chiefs of Police (IACP), the National Sheriffs' Association (NSA), 
and the National Organization of Black Law Enforcement Executives 
(NOBLE). NHTSA's collaboration with these groups focuses on traffic-
enforcement-related issues, such as the key issues observed during the 
last two years: failure to wear a seat belt, speeding, and driving 
after using alcohol or other drugs.
    NHTSA continues to work closely with law enforcement partners on 
nationwide high-visibility enforcement campaigns throughout the year. 
On December 14, 2021, NHTSA kicked off our annual holiday high-
visibility enforcement campaign, aimed at preventing impaired driving 
and improving safety for all road users. This campaign will run through 
January 1, 2022.
    NHTSA also recently worked with the IACP on the drafting of a 
resolution titled, Resolution to Combat the Dramatic Increase in 
Traffic Fatalities, which has been officially adopted by its 
membership. The resolution recognizes that traffic enforcement must 
have equity--the consistent, fair, just and impartial treatment of all 
people--at its foundation and that law enforcement and the work of our 
Nation's law enforcement officers are critical to the prevention and 
reduction of traffic-related fatalities and injuries.

    Question 10. With the recently passed investment in infrastructure 
legislation, how will NHTSA utilize the significant additional funding? 
What will the balance be between new programs and continuing with 
ongoing programs with proven effectiveness?
    Answer. The Bipartisan Infrastructure Law (BIL) provides an 
increase in NHTSA funding that is the largest investment in motor 
vehicle and highway safety since the agency was created fifty years 
ago. With this additional funding, NHTSA will focus on the development 
of new programs and the continuation of effective existing ones. 
Specifically, the funding will be used to accelerate and expand the 
agency's reporting of crash data; to carry out research on protecting 
vulnerable road users; to understand the impact disparities of 
traditional traffic safety countermeasures; to study and deploy 
technologies that review vehicle safety data faster and more 
accurately; and to create new tools to address roadway fatalities. BIL 
also provides over $700 million in State safety grants this year, 
funding that will go to support life-saving State traffic safety 
programs. As a high priority for the agency, NHTSA has already provided 
a significant amount of this additional funding to the States and will 
provide additional funds as Congress appropriates them.
                                 ______
                                 
     Response to Written Question Submitted by Hon. Todd Young to 
                            Dr. Steven Cliff
    Question. Dr. Cliff, for many months, NHTSA has kept pending a 
proposed rule to expand mobility for people with disabilities. 
Specifically, the rule would allow rental car companies to temporarily 
disable the knee bolster air bag to install hand controls to assist 
people with disabilities in operating the vehicle. This would give 
rental car companies the same rights as dealers and motor vehicle 
repair businesses, which are already permitted to make such 
modifications. I am concerned that the number of vehicles that disabled 
customers have access to is dwindling. So, time is of the essence for 
NHTSA to act. The proposed rule has strong support from the National 
Disability Rights Network, Paralyzed Veterans of America, and other 
disability rights groups. Can you give us a specific date when NHTSA 
will issue this important final rule?
    Answer. This is a top priority for NHTSA and we are working to 
finalize this important rulemaking before March 2022, consistent with 
our planned projections in the 2021 Fall Unified Agenda.
                                 ______
                                 
      Response to Written Questions Submitted by Hon. Mike Lee to 
                            Dr. Steven Cliff
    Question 1. The first half of 2021 saw the largest number of road 
fatalities since 2006. NHTSA's research indicates that most of the 
blame today rests with the behavior of drivers. By avoiding those human 
errors, autonomous vehicles may well represent an opportunity to 
address some safety concerns, yet NHTSA has taken little action to 
incentivize the development and deployment of these technologies. What 
specific actions will you take to remove barriers and incentivize the 
deployment of highly automated vehicles if confirmed?
    Answer. NHTSA agrees that technology can play a significant role in 
reducing roadway fatalities, injuries and crashes. Automated Driving 
Systems (ADS) offer the potential of significant safety enhancement 
opportunities at their maturity. Numerous crash avoidance technologies 
are available to consumers today that can help drivers avoid crashes. 
NHTSA is undertaking a rulemaking, for example, on Automated Emergency 
Braking and Pedestrian Automated Emergency Braking, technologies 
research shows can significantly reduce crashes and fatalities. In 
addition, the agency is updating the New Car Assessment Program (NCAP) 
to include a number of safety technologies. NHTSA will continue to 
research and study automated technologies as they come to market to 
evaluate their safety and verify their safe use by the public. 
Information that confirms the safe operation of such technologies will 
help spur continued development. NHTSA considers the full spectrum of 
available technologies in its policy considerations, and this includes 
reviewing its own regulations to determine whether barriers exist to 
the continued advancement and safe deployment of technologies. 
Recently, NHTSA identified barriers in current Federal Motor Vehicle 
Safety Standards (FMVSS) that contain requirements for vehicles to be 
equipped with traditional driver controls, as well as FMVSS that 
reference driver seating positions. NHTSA continues to explore options 
to improve vehicle safety through innovative technologies. If 
confirmed, I am committed to ensuring that NHTSA continue and advance 
these efforts.

    Question 2. During your hearing, you continually cited data 
collection as your only answer to autonomous vehicle progress. While I 
wholeheartedly support data driven decisions, I would like to know at 
what point you will have accumulated enough data to move AV rulemakings 
forward?
    Answer. The Vehicle Safety Act requires NHTSA's rulemaking to rely 
on objective data to support the actions being proposed. The Standing 
General Order is for the first time providing the agency with 
consistent, uniform and real time data from manufacturers that detail 
the use and operation of advanced vehicle technologies. NHTSA plans to 
integrate these data into its current rulemaking efforts to move them 
forward. In addition, as outlined in response to Question 1, NHTSA is 
working to amend FMVSS to support safety technologies. NHTSA has also 
granted an exemption under its Section 555 authority to one 
manufacturer who is operating low speed AVs for food delivery and will 
consider additional Section 555 exemption petitions as they are filed 
with the agency.

    Question 3. There are developers today who are making vehicles that 
are not designed to have human occupants. A study by Virginia Tech 
suggests that these zero-occupant vehicles by themselves could enhance 
safety by 60 percent. These vehicles clearly require innovative designs 
and won't have human controls like steering wheels and brake pedals, 
yet NHTSA's outdated requirements still refer to them as having human 
drivers. These zero-occupant vehicles are an entirely new category of 
vehicle, different from trucks or low-speed vehicles. Will you commit 
to updating NHTSA's rules to create a new category of zero-occupant 
vehicles, and ensure that the regulations are appropriate for this new 
design?
    Answer. NHTSA is committed to evaluating vehicles that do not 
include human occupants (``cargo only'') to determine crash 
compatibility for cargo-only autonomous vehicles, and the research is 
in the final stages. NHTSA will also investigate how cargo-only 
vehicles interact with pedestrians. These types of efforts will help 
inform future rulemakings on cargo-only AVs. NHTSA also has completed 
several reviews of its current regulations to identify any rules that 
present barriers to the development of advanced vehicles and associated 
technologies. NHTSA continues efforts to revise such rules to improve 
safety.

    Question 4. 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 NHTSA regulations be considered with a cost-benefit 
analysis? If regulatory costs outweigh the benefits, should that be a 
determining factor that prevents NHTSA from moving forward with a 
proposed regulation?
    Answer. Consistent with Executive Order 12866 and OMB Circular A-4, 
agencies should assess costs and benefits of available regulatory 
alternatives. Costs and benefits include both quantifiable measures and 
qualitative measures that are difficult to quantify but nevertheless 
essential to consider. Under Executive Orders 12866 and 13563, to the 
extent permitted by law, DOT and other agencies must propose or adopt a 
regulation only upon a reasoned determination that its benefits justify 
its costs, recognizing that some benefits and costs are difficult to 
quantify. If confirmed, I will continue to work within this framework, 
as improved under the President's January 20 Memorandum on Modernizing 
Regulatory Review. That memo proposes that a regulatory review process 
should reflect new developments in scientific and economic 
understanding and should consider regulatory benefits that are not easy 
to quantify.
                                 ______
                                 
Response to Written Questions Submitted by Hon. Shelley Moore Capito to 

                            Dr. Steven Cliff
    Question 1. NHTSA has developed test procedures and crash 
countermeasures in its occupant protection programs in order to reduce 
the fatality risk when in a crash. NHTSA has also recognized that the 
use of lightweight materials, such as plastics and lightweight polymer 
composites, can materially improve safety through science-based vehicle 
design. I believe that the use of composites in automotive 
manufacturing can improve the safety of the vehicle while also reducing 
the weight of the vehicle. If confirmed, will you ensure that NHTSA 
updates its test procedures and crash countermeasures to reflect the 
latest science on vehicle design?
    Answer. NHTSA's research shows that lightweight materials, such as 
carbon fiber, have unique properties that can improve safety while 
reducing the weight of the vehicle. Fundamentally, test procedures and 
safety requirements specified by Federal motor vehicle safety standards 
are performance-based. There is no limitation on the use of lightweight 
materials as long as the safety requirements are met. NHTSA carefully 
monitors the implementation of these materials in vehicle designs to 
ensure they do not lessen occupant protection. If confirmed, I am 
committed to ensuring that NHTSA's test procedures do not needlessly 
inhibit their use in vehicle construction.

    Question 2. Thank you for taking to the time to meet with me before 
your nomination hearing. I wanted to follow up on an issue we discussed 
on our call. As you know, as a part of the Infrastructure Investment 
and Jobs Act (IIJA), we were able to include the RIDE Act--of which I 
am a cosponsor. As part of this provision, NHTSA is required to conduct 
a rulemaking on a new safety standard requiring advanced drunk driving 
prevention technology in new vehicles. Reducing and preventing drunk 
driving fatalities is a priority for me and look forward to working 
with you on this issue. If confirmed, will you work with me on this 
issue as NHTSA moves forward on implementing the RIDE Act?
    Answer. I agree that reducing and preventing drunk driving 
fatalities is critically important and I will ensure that it remains a 
top priority for NHTSA. If confirmed, I look forward to working with 
you on these issues.
                                 ______
                                 
     Response to Written Question Submitted by Hon. Rick Scott to 
                            Dr. Steven Cliff
    Question. The recently signed Infrastructure Investment and Jobs 
Act (P.L. 117-58) included a provision (Sec. 24220) based on my RIDE 
Act (S. 1331), that will require new passenger vehicles to be equipped 
with technology that can passively monitor or detect driver alcohol 
impairment and stop the vehicle if impairment is detected. How will 
oversee the enforcement of this provision? How else do you plan to 
reduce drunk and impaired driving in the United States?
    Answer. NHTSA expects the widespread use of technology designed to 
detect driver impairment to be effective in reducing alcohol-impaired 
driving related crashes, injuries and fatalities. As part of rulemaking 
activities, NHTSA will develop compliance test procedures for such 
technology to ensure it works as intended. As the technology develops, 
NHTSA will continue to pursue several efforts to address impaired 
driving. These efforts include leveraging existing technology such as 
ignition interlocks, using education campaigns as part of high 
visibility efforts, and coordinating with traffic safety professionals 
and law enforcement to reduce impaired driving and save lives. Through 
our formula grant programs, NHTSA will ensure that States have the 
financial and technical resources necessary to reduce impaired driving.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Maria Cantwell to 
                              John Putnam
    Question. Mr. Putnam, if confirmed, will you pledge to work 
collaboratively with this Committee, provide thorough and timely 
responses to our requests for information as we put together and 
address important policy issues, and appear before the Committee when 
requested?
    Answer. Yes. If I am confirmed, I pledge to work collaboratively 
with the Committee and all of Congress, to be responsive to your 
requests for information, and to appear when requested before the 
Committee to assist with its work.

    Electric Vehicles. According to a 2020 Consumer Reports survey, 7 
out of 10 American drivers are interested in purchasing an electric 
vehicle. Federal and state governments have taken action to support 
broader electric vehicle adoption, given the benefits that electric 
vehicles can provide to our environment, our health, and our economy. 
For example, the Washington state legislature has set an ambitious 
target of requiring all new cars sold in 2030 to be zero-emission 
vehicles.
    We need to ensure our infrastructure is prepared for the 
electrification revolution. That is why the Bipartisan Infrastructure 
Law required the Departments of Transportation and Energy to create a 
working group to coordinate the integration of electric vehicles into 
our transportation network. Earlier this month, the Biden 
Administration began implementing this Commerce Committee-directed 
provision by creating a Joint Office of Energy and Transportation and 
creating a new Advisory Committee on Electric Vehicles, focused on 
deploying electric vehicle infrastructure and coordinating Federal 
electric vehicle efforts.

    Question. How will the Joint Office and Advisory Committee 
facilitate and impact the Department's efforts on accelerating the 
adoption of electric vehicles and ensuring safety on our roadways?
    Answer. The Joint Office of Energy and Transportation and the 
Electric Vehicle Working Group (also known as the Advisory Committee on 
Electric Vehicles) were both created in the Bipartisan Infrastructure 
Law to help plan and implement a national electric vehicle charging 
strategy.
    The Joint Office was directed by Congress to coordinate on issues 
of joint concern between the Department of Transportation and the 
Department of Energy. This Office will work on a variety of 
statutorily-directed topics to inform the build out of a nationwide 
network of electric vehicle chargers, including providing technical 
assistance, data, and guidance. The resources, information, and tools 
produced by the office will assist and inform the Federal Highway 
Administration's implementation of the electric vehicle programs 
created by the Bipartisan Infrastructure Law. This will build upon 
guidance and other materials the Department and FHWA have prepared this 
year, with the assistance of the Office of the General Counsel, to 
assist in the siting, funding and deployment of electric vehicles and 
charging infrastructure.
    The Electric Vehicle Working Group, to be made up of a variety of 
Federal agency officials and outside stakeholders, will advise the 
Federal government on issues related to the deployment and integration 
of electric vehicles into our energy and transportation sectors, 
including consumer behavior, accessible charging, safety, grid capacity 
and integration, and more.
    If confirmed, I will work to ensure both of these entities carry 
forward Congress' vision.

    Office of Aviation Consumer Protection. The Office of Aviation 
Consumer Protection put out enforcement notices on April 3, 2020 and 
May 12, 2020 stating that DOT would provide non-compliant airlines with 
safe harbor if they came into compliance with DOT's refund policy and 
associated regulations, and would forgive non-timely issuance of 
refunds for airlines that are ``making good faith efforts to provide 
refunds in a timely manner.''

    Question 1. Are these notices still in effect, and do they 
accurately reflect DOT's current approach to airlines that are not in 
compliance with DOT's refund policy and associated regulations? If they 
are still in effect, what is the rationale for extending this leniency, 
given that airlines have had well over a year to fine-tune their refund 
policies and practices to the pandemic environment, yet continue to 
receive a higher number of refund complaints? Through September of this 
year, refund complaints are 719 percent higher than all of 2019.
    Answer. In the early months of the COVID-19 pandemic, airlines had 
difficulty processing, in a timely manner, the significant volume of 
refund requests that they received. Many airlines were also initially 
reluctant to provide the required refunds. The Department's Office of 
Aviation Consumer Protection (OACP), a unit within the Office of the 
General Counsel, issued notices in April and May 2020 to remind 
airlines of their refund obligations and explain that OACP was 
``provid[ing] carriers an opportunity to become compliant before taking 
further action.'' OACP's approach of working with airlines to ensure 
they comply with their refund obligations has yielded quick results for 
consumers. For example, in response to OACP's notices and 
investigation, United took various corrective actions in June 2020, 
including revising its contract of carriage to make clear that the 
carrier will provide refunds to passengers if the airline cancels or 
makes a significant schedule change to a flight and refunding such 
passengers. See United Dismissal Order at https://www.regula
tions.gov/document/DOT-OST-2020-0048-0015.
    However, the opportunity for regulated entities to comply with 
their refund obligation with an assurance of no enforcement action 
ceased more than a year ago. The Department will take enforcement 
action as necessary against regulated entities that are continuing to 
refuse or have refused for a lengthy period to provide a requested 
refund to a passenger when the airline cancels or significantly changes 
a flight within, to or from the United States. For instance, the 
Department has settled its case against Air Canada for its extreme 
delays in providing refunds to thousands of consumers for flights to or 
from the United States that the carrier canceled or significantly 
changed with a $ 4.5 million fine. The Department is also actively 
investigating 18 other U.S. and foreign airlines based on complaints 
that the airlines have failed to comply with their refund obligations 
and/or failed to disclose material terms applicable to credits or 
vouchers, and will take enforcement action as appropriate. While there 
is more work to do to ensure all passengers entitled to refunds are 
provided timely refunds, the Department's actions are making a 
difference. Thousands of passengers who had initially been denied 
refunds have received or are receiving the required refunds.

    Question 2. For airlines that remain in non-compliance with DOT's 
refund policy and associated regulations, please estimate--in dollar 
figures--(i) the value of the flight credits that ought to have been 
issued as refunds by U.S. airlines, and (ii) the value of refund 
requests that have not been acted on by U.S. airlines. If possible, 
please estimate the effect--in dollar figures--that non-compliance with 
DOT's refund policy and associated regulations has had on the liquidity 
levels of U.S. airlines during the COVID-19 pandemic.
    Answer. The Department does not have information available 
regarding the value of flight credits that ought to have been issued as 
refunds or the value of refund requests that have not been acted on by 
U.S. airlines. Based on the Department's compliance and investigatory 
activities, the Department knows that thousands of passengers who had 
initially been denied refunds have received or are receiving the 
required refunds. However, the Department is not able to provide the 
value of the refunds that have been received that were initially 
denied, the value of flight credits that ought to have been issued as 
refunds, or the value of refund requests that have not been acted on by 
U.S. airlines as OACP's complaint database does not track this data. 
The Department is seeking to upgrade and modernize its outdated 
consumer complaint system (which was procured in the 1990s) and has 
sought funding in the Department's Fiscal Year 2022 budget request. The 
Department would like the new system to have more refined data 
processing and reporting capabilities.

    Question 3. After a consumer files a refund complaint with the 
Office of Aviation Consumer Protection, please describe how DOT works 
to process and eventually ``close'' this complaint. Please focus on 
this from the perspective of the consumer who files the refund 
complaint. How does DOT coordinate with the consumer or otherwise keep 
the consumer abreast of the status of the complaint?
    Answer. Every air travel service complaint that is received by the 
Department is coded and entered in its consumer complaint application 
database according to the nature of the complaint (e.g., refund 
complaint). The Department sends an acknowledgement to the consumer and 
refers the complaint to the airline or ticket agent for a response.
    Under DOT's consumer protection rule, airlines are required to 
acknowledge consumer complaints within 30 days of receiving them and to 
send consumers written responses addressing these complaints within 60 
days of receiving them. This includes complaints concerning refunds. 
DOT also directs ticket agents to respond directly to consumers who 
file complaints with the Department. Airlines and ticket agents must 
also furnish to DOT a copy of their response to individuals who filed 
refund complaints with the Department.
    Once the regulated entity's response is received, an analyst from 
DOT's Office of Aviation Consumer Protection (OACP) will review the 
refund complaint and the regulated entity's response. If, after review 
of the complaint and the response, it is determined that the passenger 
is entitled to a refund and the regulated entity is refusing to provide 
the refund or has significantly delayed issuance of the refund, OACP 
analysts refer the matter to the legal side of OACP for further action, 
which may include initiating an investigation against the entity to 
obtain more information on the entity's policies and practices. Once 
OACP attorneys have obtained all the relevant information and analyzed 
the facts and circumstances of each case, a determination will be made 
on whether U.S. law has been violated and if so, the appropriate next 
steps.
    The length of time it takes to close a consumer complaint depends 
on the particular facts and circumstances of each case. Complaints that 
are clearly not violations (e.g., Department lacks authority because 
the complained of incident involved a foreign air carrier for a flight 
that does not touch on the U.S. or a flight that was operated but the 
passenger chose not to travel) are closed faster. Because of the volume 
of complaints that the Department has received coupled with the 
technical limitations of its consumer complaint application system and 
the small number of employees available to process such complaints, 
OACP is generally unable to provide status updates on the complaints to 
consumers. Because an airline or a ticket agent usually does not begin 
to address an issue or refund a consumer until it receives the 
complaint, OACP analysts have been instructed to prioritize processing 
new complaints over other tasks, including providing status updates.

    Question 4. Please specifically describe DOT's engagement with 
United Airlines regarding refund complaints. United Airlines was 
responsible for 34 percent of refund complaints filed to DOT in 2020. 
How many of these refund complaints lodged against United Airlines 
relate to United's decision to change at one point to 6 hours its 
interpretation of ``significant'' delay? See DOT Order 2021-1-6.
    Answer. OACP first contacted United regarding its refund policy in 
mid-March 2020. OACP informed United of the refund complaints that the 
Department received against it and requested information about its 
refund practices and policies, including its definition of significant 
change. OACP reviewed United's refund practices and informed United 
that it considered United to be engaged in an unfair and deceptive 
practice by changing its refund policy to define a significant delay to 
mean six hours instead of two hours of the originally scheduled flight 
to the disadvantage of consumers and applying it retroactively to them. 
OACP required United to take certain actions immediately to avoid 
enforcement action against the carrier. This included United updating 
its policies and instructing its customer service agents to provide 
refunds to passengers who could not be re-accommodated within two hours 
of their original flight, which the carrier did on June 5, 2020. The 
Department also required the carrier to contact individuals who filed 
refund complaints with the Department against United for flights that 
the carrier cancelled or significantly changed by more than two hours 
to inform them of their right to a refund. In July 2020, United 
informed the Department that it had finished reaching out to passengers 
who filed DOT complaints who qualified for a refund and had not already 
received a refund. While many of these refund complaints against United 
relate to United retroactively applying its definition of significant 
change, we are not able provide a specific number as OACP's complaint 
database does not track this data.
                                 ______
                                 
    Response to Written Question Submitted by Hon. Amy Klobuchar to 
                              John Putnam
    Human Trafficking Prevention. Truckers are often the first line of 
defense against human trafficking. The Combating Human Trafficking in 
Commercial Vehicles Act, my legislation with Senator Thune that became 
law in 2018, requires the Department of Transportation (DOT) to 
designate a human trafficking prevention coordinator and to increase 
outreach and education efforts.

    Question. If confirmed, do you commit to supporting efforts to 
educate drivers on how to detect and help prevent human trafficking?
    Answer. Yes. If I am confirmed, I pledge to fully support efforts 
to educate truck drivers on how to detect and help prevent human 
trafficking in any and all forms, as well as to continue to support 
inspection and enforcement efforts to combat human trafficking.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Kyrsten Sinema to 
                              John Putnam
    Infrastructure Investment and Jobs Act Implementation. The 
bipartisan Infrastructure Investment and Jobs Act (IIJA) includes a 
number of policy changes overseen by the Department of Transportation, 
in addition to significant investments in roads, bridges, rail, 
airports, and other forms of infrastructure.

    Question 1. Will you commit to meeting deadlines for implementation 
of the IIJA?
    Answer. The Office of the General Counsel has a critical role to 
play in helping the U.S. Department of Transportation implement the 
Infrastructure Investment and Jobs Act and, if confirmed, I will 
continue to work diligently to ensure that we are providing the 
requisite support and guidance needed to carry out this landmark 
legislation, including grant programs, financing programs, rulemakings 
and reports to Congress.

    Question 2. What challenges do you foresee in implementing the law, 
and how will you take initiative to address those challenges?
    Answer. The bipartisan Infrastructure Investment and Jobs Act 
(IIJA) is a once-in-a-generation investment in America's 
infrastructure. The IIJA will revamp our Nation's roads, bridges and 
other infrastructure while focusing on safety, economic opportunity, 
climate change mitigation, resilience and equity, and. It makes the 
largest investments in public transit and rail passenger service in our 
history and improves transportation options for millions of Americans. 
More broadly, it will create many good paying jobs across the country 
for years to come and increase global competitiveness for the American 
people.
    To that end, historic legislation like the IIJA must be matched 
with effective implementation that ensures that its potential is 
achieved in a transparent, compliant and accountable manner. Since its 
passage, the Department has been diligently engaged in effectuating the 
law's immediate and longer-term initiatives, taking inventory of its 
many programs, deadlines, guidance, regulations, and reporting. To 
better facilitate these efforts, we are engaging in a cross-functional 
and cross-modal effort that is sustained, disciplined, and inclusive.
    Such efforts will include robust engagement with transportation 
stakeholders across the country--cities, states, Tribal Nations, 
transportation agencies, private sector partners, philanthropic groups, 
as well as communities that have been historically underserved.
    If confirmed as General Counsel, I would be a member of our 
Departmental Executive Policy Council, led the Deputy Secretary and 
Under Secretary for Transportation. The Council will be paying close 
attention to how we can make sure we have all of the right controls, 
the right rigor, and the appropriate level of oversight to make sure 
these infrastructure investments are spent well and effectively.
                                 ______
                                 
  Response to Written Questions Submitted by Hon. Raphael Warnock to 
                              John Putnam
    Responding to Emerging Crises. I worked with the Biden 
Administration and the Georgia Ports Authority (GPA) to address 
congestion at the Port of Savannah that was contributing to nationwide 
supply chain disruptions. GPA proposed setting up pop-up container 
yards using existing facilities to move containers off the dock fast 
and closer to their final destination. However the implementation of 
this plan faced hurdles because it was difficult to identify available, 
flexible funds that could be immediately deployed to address this 
urgent issue.
    Eventually, the Department of Transportation (DOT) was able to free 
up $8 million in existing Port Infrastructure Development Program 
funding for the pop-up container project, thanks in part to the great 
work of the Office of the General Counsel and the Maritime 
Administration. That $8 million is already paying dividends and the 
backlog of vessels on anchor waiting to dock at the Port of Savannah is 
nearing zero from a high of around 30 ships a couple of months ago.
    While I think the Port of Savannah is a great success story, the 
nationwide port congestion and supply chain disruption issue does 
create some concern about our preparedness to handle emerging crises 
that impact our economic security, but don't qualify as a declared 
emergency.

    Question 1. Do you believe the Department of Transportation has the 
adequate resources and statutory flexibility to react to emerging 
crises, like the historic port congestion and supply chain disruptions 
we've seen this year?
    Answer. The Department of Transportation plays a key role in 
mitigating the supply chain disruption caused by the COVID-19 pandemic 
and the unprecedented increase in freight demand and movement. 
Secretary Buttigieg, as a co-chair of the Administration's Supply Chain 
Disruption Task Force, has worked cooperatively with co-chairs Raimondo 
and Vilsack to tackle these challenges using a comprehensive all-of-
government approach. Actions have focused on partnering with the 
governments at all levels as well as industry and labor to enhance 
goods movement at key bottlenecks across transportation modes. For 
example, DOT and the Administration have worked with private-sector 
labor and management to enhance operations at the Ports of Los Angeles 
and Long Beach, enabling 24 hour-a-day, seven-day-a-week operations at 
the ports responsible for 40 percent of our country's imports. DOT has 
also worked with private-sector partners to secure additional 
commitments from port operators and terminal operators to encourage 
port utilization during off-peak times and relieve congestion.
    In November, DOT and the Administration released the Port Action 
Plan. Near-term actions include enabling enhanced flexibility in port 
grants and DOT financial support for development of a pop-up container 
yard at the Port of Savannah to relieve East Coast port congestion. DOT 
has also announced the release of more than $240 million to modernize 
ports and marine highways, as well as open competition for more than 
$475 million of port infrastructure grants in early 2022. Longer-term 
actions include DOT facilitating the development of comprehensive 
freight movement plans for states to alleviate freight bottlenecks, 
incorporation of global freight planning best practices into state 
plans, and development of comprehensive data standards for goods 
movement to prevent future bottlenecks.
    The pandemic also served to exacerbate the existing shortage of 
short and long-haul truckers, leaving many inland warehouses clogged 
with goods that need transport to their final destinations as well as 
ports with containers to be transported to inland warehouses. On 
December 16th the Biden-Harris Administration's Trucking Action Plan to 
Strengthen America's Trucking Workforce was released. This plan calls 
on all levels of government, industry, and labor to come together and 
build the next generation trucking workforce. Specific immediate 
actions DOT is taking include providing $30 million in funding to 
states to reduce the barriers to obtaining a commercial driver's 
license, developing a 90-day joint DOT-DOL challenge to expand the use 
of Registered Apprenticeships, an enhanced focus on veteran 
recruitment, and the launch of the DOT-DOL Driving Good jobs initiative 
to improve the quality of trucking jobs. The Federal Motor Carrier 
Safety Administration has also extended and expanded some waivers for 
trucks hauling critical freight related to the COVID-19 pandemic.
    As Deputy General Counsel it has been my honor to work with my 
colleagues across DOT and the Administration to address these critical 
national issues, seeking creative solutions that comply the law, and if 
confirmed as General Counsel, I look forward to continuing this work.

    Question 2. What role can and does the General Counsel play in 
responding these emerging crises?
    Answer. The Deputy General Counsel and General Counsel play 
important roles in seeking creative solutions to pressing problems like 
supply chain congestion within the bounds of the law. For example, it 
was rewarding to work with our Maritime Administration, Office of the 
General Counsel career staff, and the Georgia Ports Authority to help 
address congestion at the Port of Savannah through flexibilities 
associated with cost savings under current grants. Similarly, I have 
worked with my colleagues at the Office of General Counsel and 
elsewhere in DOT on critical programs like the Port Infrastructure 
Development Program, INFRA, and RAISE to make the investments necessary 
to improve our supply chain infrastructure. The General Counsel serves 
on the Senior Review Team for these and other critical programs, and 
the Office of General Counsel and modal Chief Counsel's Offices support 
all of the grant programs across the Department. The Department of 
Transportation remains committed to an all-of-government approach to 
mitigating the supply chain disruption, including full utilization of 
our statutory capabilities as well as those of our partner agencies at 
the Federal level. This requires a careful and creative approach to 
legal authorities available to the Department. Recent legislation, 
including the Infrastructure Investment and Jobs Act, has provided DOT 
with additional resources to tackle this crisis in both the near and 
long-term, and if confirmed, I look forward to working with you and the 
Committee on additional resources and statutory flexibilities as 
needed.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Roger Wicker to 
                              John Putnam
    Question 1. Advanced transportation technologies are reshaping all 
modes of transportation. How will you help enable the safe and 
efficient deployment of these technologies?
    Answer. DOT remains committed to safely advancing innovative 
transportation technologies that can increase safety, mobility, 
efficiency, accessibility, environmental performance and other 
objectives. If confirmed, I will ensure that safety and regulatory 
efficiency remains a top priority in my office and influential in the 
guidance provided and actions taken. DOT has a broad array of tools to 
meet safety goals, including research, rulemaking, investigations, 
grant programs, and enforcement, and we will use the right tools at the 
right time. For example, we will continue to support FAA's process of 
integrating Unmanned Aerial Vehicles into the National Airspace System 
through implementation of the recommendations we expect to receive from 
the Aviation Rulemaking Committee on Beyond Visual Line of Sight and 
other rulemakings. We will continue to coordinate with FAA on similar 
efforts for commercial space and urban air mobility technologies.
    On vehicle matters and the deployment of advanced technologies, DOT 
continues to engage industry through various means in an effort to 
facilitate both the innovation of new technologies and the development 
of those technologies in a safe and responsible manner. Manufacturers 
are also required to timely report crash information for vehicles 
equipped with Advanced Driver Assistance Systems (ADAS) or Automated 
Driving Systems (ADS). Data we collect from industry will inform the 
Department of potential vehicle safety issues that can be addressed 
through recalls or investigations. In addition, DOT is also proactively 
researching how safety could be measured and assessed objectively and 
applied practically to develop future technologies, recognizing that an 
effective and trusted safety strategy will be necessary for robust 
commercialization of technologies. All of these actions lead to the 
safe and efficient deployment of vehicle technologies. If confirmed, I 
commit to continuing efforts to help enable safe integration of 
innovative technologies across the modes of transportation.

    Question 2. Mr. Putnam, as you may be aware, the DOT has proposed a 
new rule which would address the topic of airline ticket refunds. Do 
you believe the current requirements for airline refunds are 
insufficient?
    Answer. The Department's existing refund requirement provides that 
airlines have an obligation to provide prompt refunds when refunds are 
due, but the reference to refunding airfare due to cancellations and 
significant changes are not codified in rule text. Also, the terms 
``cancellation'' and ``significant schedule change'' are not defined in 
regulation, which has resulted in inconsistency among carriers on when 
passengers are entitled to refunds. In addition, the Department's 
existing regulations do not address refund eligibility under special 
circumstances, such as government-imposed travel restrictions. The 
Department has received an unprecedented level of complaints regarding 
the failure to refund cancelled flights over the last 21 months. For 
these reasons, in the Fall 2021 Unified Agenda, the Department 
announced a notice of proposed rulemaking, which is scheduled to be 
issued in March 2022, that would propose to address these deficiencies. 
We look forward to collecting comments from all stakeholders on these 
issues and the proposed rule.
                                 ______
                                 
    Response to Written Question Submitted by Hon. Dan Sullivan to 
                              John Putnam
    Question. The FAA Alaska Aviation Safety Initiative (FAASI) is an 
FAA effort to respond to the February 2020 NTSB Report and the Alaska 
Aviation Safety Summit. A February 2020 NTSB report pointed to a recent 
10-year period where the total accident rate in Alaska was 2.35 times 
higher than the rest of the United States. During the same period, the 
fatal accident rate in Alaska was 1.34 times higher. There is inherent 
bias in Federal investment, given the lack of Federal investment in 
infrastructure and technology to support rural isolated communities 
that are dependent on aviation as compared to the rest of the nation, 
and how this has translated to safety. FAASI identifies safety 
improvements and investments for the Alaska Region, and aims to make 
progress on the effort for FAA and DOT to take a holistic view of DOT 
programs to ensure the inherent bias no longer inhibits infrastructure 
investments in our remote Alaska Native communities.
    When policies impacting aviation investment and safety in Alaska 
come before you at DOT, will you consider the unique operating 
environment and unique needs of Alaska and support the efforts of the 
FAA Alaska Aviation Safety Initiative?
    Answer. I recognize Alaska's distinctive physical and aviation 
environment and am aware of the fact that Alaskans rely heavily on 
aviation transportation. If confirmed, I am committed to aviation 
safety in Alaska and beyond, and will consider Alaska's unique 
attributes where appropriate. I will work with the FAA to ensure 
important safety initiatives, such as the FAASI, advance expeditiously.
                                 ______
                                 
      Response to Written Questions Submitted by Hon. Mike Lee to 
                              John Putnam
    Question 1. During consideration of the Bipartisan Infrastructure 
Package, I offered an amendment that required a spectrum audit of the 
Department of Transportation's spectrum, which was successfully signed 
into law. If confirmed, will you commit to ensuring all statutory 
deadlines for the audit are met?
    Answer. I understand that Sec. 27003 of the Bipartisan 
Infrastructure Law requires the Department, jointly with the National 
Telecommunications and Information Agency (NTIA) of the Department of 
Commerce, to conduct an audit of the electromagnetic spectrum that is 
assigned or otherwise allocated to the Department. If confirmed, I 
commit to working to ensure that the Department meets all statutory 
requirements and deadlines, and we have already initiated discussions 
with NTIA to begin this work.

    Question 2. In your view, what constitutes a ``significant delay'' 
for consumers regarding their air travel? Does the Federal government 
have a role in resolving such ``significant delays?'' If so, what is 
the appropriate role?
    Answer. As you know, airlines have an obligation to provide a 
refund to a ticketed passenger when the airline cancels or 
significantly changes the passenger's flight, and the passenger chooses 
not to accept an alternative offered by the carrier. However, neither 
the term ``significant change'' nor ``cancellation'' is defined in 
regulation or statute. The Department's review of the refund policies 
and practices of U.S. and foreign airlines revealed that airlines 
define ``significant change'' and ``cancellation'' differently when 
fulfilling their obligation to provide refunds. The Department plans to 
issue a notice of proposed rulemaking on airline ticket refunds in 
March 2022. This rulemaking would, among other things, define 
cancellation and significant changes including addressing whether new 
itineraries involving delays of a certain length or additional stops 
constitute a significant change requiring a refund. We look forward to 
collecting comments from all stakeholders on these issues and the 
proposed rule.

    Question 3. Would you support regulating baggage rates and other 
airline fees? What you support making these fees ``nondiscriminatory'' 
or ``equitable?''
    Answer. I believe it is important to protect consumers from hidden 
fees and to ensure transparency, and support regulating the disclosure 
of baggage fees and other airline fees. The Department already has 
rules relating to fee transparency, but those rules allow airlines to 
display fees for ancillary services, except for baggage, in a range. In 
the Fall 2021 Unified Agenda, the Department announced its intention to 
issue a notice of proposed rulemaking that would amend its aviation 
consumer protection regulations to ensure that consumers have ancillary 
fee information, including baggage fees, change fees and cancellation 
fees at the time of ticket purchase. This rulemaking would also examine 
whether fees for certain ancillary services should be disclosed at the 
first point in a search process where a fare is listed. If confirmed, I 
am committed to working with this Committee to ensure a competitive 
airline industry where consumers are protected from hidden fees and 
treated fairly and equally without regard to race, color, national 
origin, religion, sex, ancestry or disability. The proposed rulemaking 
would not seek to regulate the level of baggage or other airline fees. 
We look forward to collecting comments from all stakeholders on these 
issues and the proposed rule.

    Question 4. 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 DOT regulations be considered with a cost-benefit analysis? 
If regulatory costs outweigh the benefits, should that be a determining 
factor that prevents DOT from moving forward with a proposed 
regulation?
    Answer. Consistent with Executive Order 12866 and OMB Circular A-4, 
agencies should assess costs and benefits of available regulatory 
alternatives. Costs and benefits include both quantifiable measures and 
qualitative measures that are difficult to quantify but nevertheless 
essential to consider. Under Executive Orders 12866 and 13563, to the 
extent permitted by law, DOT and other agencies must propose or adopt a 
regulation only upon a reasoned determination that its benefits justify 
its costs, recognizing that some benefits and costs are difficult to 
quantify. If confirmed, I will continue to work within this framework, 
as improved under the President's January 20 Memorandum on Modernizing 
Regulatory Review. That memo proposes that a regulatory review process 
should reflect new developments in scientific and economic 
understanding and should consider regulatory benefits that are not easy 
to quantify.

    Question 5. If confirmed, would you advocate or support a Federal 
requirement that Americans must be vaccinated for COVID-19 as a 
prerequisite for interstate travel, transportation, or movement?
    Answer. DOT has not proposed and is not proposing any requirement 
that vaccination be a prerequisite for interstate travel, 
transportation or movement. The Centers for Disease Control provides 
subject matter expertise and assessment of the best scientific 
information on any measures for public health, and has also not made 
any such recommendation.

    Question 6. Do you support the raising of the Federal gas tax or 
other tax increases in order to fund the Highway Trust Fund shortfall?
    Answer. The President has made clear that he does not support 
measures that would increase taxes for Americans making $400,000 or 
less. If confirmed, I will work with the Secretary, our interagency 
partners, the Committee and with the other key Committees to address 
the long-standing funding challenges for the Highway Trust Fund.

    Question 7. 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.

  1.  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?

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

  3.  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 FAA regulates the safety and efficiency of all civil 
aircraft operations throughout all altitudes of U.S. airspace, 
including through takeoff and landing. The Department recognizes that 
state, local, and tribal governments have legitimate interests to 
protect the property and privacy interests of their citizens. We also 
understand that substantial local restrictions affecting the safety or 
efficiency of operations could present unmanned aircraft system 
operators with a complex regulatory patchwork. Regulatory uncertainty 
could undermine the Department's continued efforts to carry out the 
congressional mandate to fully integrate UAS into the NAS. If 
confirmed, I look forward to the Department's continued work with all 
stakeholders on a regulatory framework that will realize the 
congressional vision for full integration of UAS, while balancing the 
legitimate interests of local and state governments in protecting 
property and privacy interests. Based on my past work with airport 
authorities and general-purpose local governments on UAS issues, I 
understand the legitimate concerns of local governments and their 
residents, and commit to working with all stakeholders to address this 
issue.

    Question 8. 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? 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. Congress has recognized the potential risks faced by 
airports and directed the Federal Aviation Administration to work with 
the Secretary of Defense, the Secretary of Homeland Security, and the 
heads of other relevant Federal agencies to ensure that technologies or 
systems that are deployed by Federal departments and agencies to detect 
and mitigate potential risks posed by errant or hostile unmanned 
aircraft system operations do not adversely impact or interfere with 
safe airport operations, navigation, air traffic services, or the safe 
and efficient operation of the national airspace system (NAS). This 
work is ongoing.
    Additionally, FAA-certificated airport operators are working with 
their local TSA representatives, and local law enforcement agencies on 
implementation of local UAS response plans. I recognize the importance 
of airport operators having appropriate tools to address unlawful 
interference with airspace, including based on my past work 
representing airport operators. Airport operators must add their UAS 
response plan to the FAA-approved Airport Emergency Plan providing 
instructions for responding to unlawful interference with airport 
operations created by an errant UAS operation. If confirmed, I look 
forward to working with Congress, other agencies, and the industry to 
ensure that airports have the tools needed to respond appropriately to 
potential risks while ensuring that no unacceptable adverse effects are 
introduced to the NAS.
                                 ______
                                 
     Response to Written Questions Submitted by Hon. Rick Scott to 
                              John Putnam
    Question 1. What role do you believe the Department of 
Transportation plays in solving the current supply chain crisis? As 
current Deputy General Counsel, what has the Department done so far to 
help prevent these sorts of supply chain problems?
    Answer. The Department of Transportation plays a key role in 
mitigating the supply chain disruption caused by the COVID-19 pandemic 
and the unprecedented increase in freight demand and movement. 
Secretary Buttigieg, as a co-chair of the Administration's Supply Chain 
Disruption Task Force, has worked cooperatively with co-chairs Raimondo 
and Vilsack to tackle these challenges with using a comprehensive all-
of-government approach. Actions have focused on partnering with the 
governments at all levels as well as industry and labor to enhance 
goods movement at key bottlenecks across transportation modes. For 
example, DOT and the Administration have worked with private-sector 
labor and management to enhance operations at the Ports of Los Angeles 
and Long Beach, enabling 24 hour-a-day, seven-day-a-week operations at 
the ports responsible for 40 percent of our country's imports. DOT has 
also worked with private-sector partners to secure additional 
commitments from port operators and terminal operators to encourage 
port utilization during off-peak times and relieve congestion.
    In November, DOT and the Administration released the Port Action 
Plan. Near-term actions have included enabling enhanced flexibility in 
port grants and DOT financial support for development of a pop-up 
container yard at the Port of Savannah to relieve East Coast port 
congestion. DOT has also announced the release of more than $250 
million to modernize ports and marine highways, as well as open 
competition for more than $475 million of port infrastructure grants in 
early 2022. Longer-term actions include DOT facilitating the 
development of comprehensive freight movement plans for states to 
alleviate freight bottlenecks, incorporation of global freight planning 
best practices into state plans, and development of comprehensive data 
standards for goods movement to prevent future bottlenecks.
    The pandemic also served to exacerbate the existing shortage of 
short and long-haul truckers, leaving many inland warehouses clogged 
with goods that need transport to their final destinations as well as 
ports with containers to be transported to inland warehouses. On 
December 16th the Biden-Harris Administration Trucking Action Plan to 
Strengthen America's Trucking Workforce was released. This plan calls 
on all levels of government, industry, and labor to come together and 
build the next generation trucking workforce. Specific immediate 
actions DOT is taking include providing $30 million in funding to 
states to reduce the barriers to obtaining a commercial driver's 
license, developing a 90-day joint DOT-DOL challenge to expand the use 
of Registered Apprenticeships, an enhanced focus on veteran 
recruitment, and the launch of the DOT-DOL Driving Good jobs initiative 
to improve the quality of trucking jobs. The Federal Motor Carrier 
Safety Administration has also extended and expanded some waivers for 
trucks hauling critical freight related to the COVID-19 pandemic.
    As Deputy General Counsel it has been my honor to work with my 
colleagues across DOT and the Administration to address these critical 
national issues, seeking creative solutions that comply the law, and if 
confirmed as General Counsel I look forward to continuing this work.

    Question 2. As Deputy General Counsel, how have you worked with the 
trucking industry to address their trucker shortages?
    Answer. As Deputy General Counsel, my primary contributions have 
been to verify the legal authorities available to the Department to 
support the ambitious ``Biden-Harris Administration Trucking Action 
Plan to Strengthen America's Trucking Workforce'' and to work 
collaboratively with the Federal Motor Carrier Safety Administration 
and Department of Labor to address the challenge of trucker shortages. 
I have also worked with FMCSA on hours of service and other waivers 
related to the COVID-19 pandemic, including the recent waivers that 
expanded scope and include better data collection. A primary objective 
is to implement rapidly the task force dedicated to expanding the pool 
of drivers by promoting the recruitment, inclusion, and advancement of 
women in trucking established in the Bipartisan Infrastructure Law. 
This task force will be the first of many strategies to help build the 
pipeline and diversify the trucking workforce. The task force will also 
investigate predatory truck leasing arrangements that dissuade drivers 
from entering or staying in the industry.

    Question 3. The Department of Transportation gives out billions of 
dollars in discretionary infrastructure grants, such as the RAISE 
Grants. How will you ensure these are awarded fairly, transparently, 
and consistently?
    Answer. The Department recognizes the importance of maintaining the 
public's confidence that all Federal infrastructure investments, 
including discretionary grants, are made fairly, transparently and 
consistently. With much experience implementing discretionary grant 
programs for large infrastructure investments, the Department has 
robust policies and practices designed to result in fair, transparent, 
and consistent discretionary grant decisions on timelines dictated in 
law. If confirmed as General Counsel, I will ensure that the Office of 
the General Counsel will work closely with the offices implementing 
discretionary grant programs to build on that experience and 
continually improve the Department's performance. In particular, I will 
ensure that legal advisors throughout the Department are involved from 
early in program design through project closeouts, and that fairness, 
transparency and consistency remain central considerations throughout 
the legal offices' support of the programs.

    Question 4. How do you plan on addressing and improving the 
``return on investment'' for our taxpayers with President Biden's 
aggressive infrastructure proposals?
    Answer. If confirmed, I will work with Secretary Buttigieg to 
ensure that the DOT implements a balanced investment program that meets 
the needs of all communities. I will also ensure that our discretionary 
programs meet the selection and reporting requirements set forth by 
Congress in legislation. It is my understanding that most, if not all, 
of the discretionary programs require DOT to consider the cost 
effectiveness of the projects as part of the selection process. If 
confirmed, I will ensure that the Department commits to a transparent 
process, considers these cost-effectiveness criteria, and continues to 
prioritize the strongest projects when awarding our available 
discretionary funding.

    Question 5. How would you address the fact that the Highway Trust 
Fund (HTF) is going insolvent, and do you believe we need to increase 
the Federal gas tax?
    Answer. Since 2008, the ongoing and growing imbalance between 
Highway Trust Fund spending and receipts has remained a significant 
issue. If confirmed, I will work with Department colleagues, Federal 
partners, the Committee and with the other key Committees to address 
our long-standing funding challenges. The President has made clear that 
he does not support measures that would increase taxes for Americans 
making $400,000 or less.

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