[Senate Hearing 117-864]
[From the U.S. Government Publishing Office]


                                                        S. Hrg. 117-864

                     NOMINATION TO THE AMTRAK BOARD
                      OF DIRECTORS AND THE SURFACE 
                      TRANSPORTATION BOARD

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

                                HEARING

                               BEFORE THE

                         COMMITTEE ON COMMERCE,
                      SCIENCE, AND TRANSPORTATION
                          UNITED STATES SENATE

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             SECOND SESSION

                               __________

                           SEPTEMBER 7, 2022

                               __________

    Printed for the use of the Committee on Commerce, Science, and 
                             Transportation
                             
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                Available online: http://www.govinfo.gov
                
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                   U.S. GOVERNMENT PUBLISHING OFFICE                    
55-821 PDF                  WASHINGTON : 2024                    
          
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       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             SECOND 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
                       Lila Helms, Staff Director
                 Melissa Porter, Deputy Staff Director
       George Greenwell, Policy Coordinator and Security Manager
                 John Keast, Republican Staff Director
            Crystal Tully, Republican Deputy Staff Director
                      Steven Wall, General Counsel
                            
                            
                            C O N T E N T S

                              ----------                              
                                                                   Page
Hearing held on September 7, 2022................................     1
Statement of Senator Cantwell....................................     1
Statement of Senator Wicker......................................     2
Statement of Senator Blumenthal..................................    76
Statement of Senator Fischer.....................................    78
Statement of Senator Tester......................................    80
Statement of Senator Moran.......................................    81
Statement of Senator Baldwin.....................................    84

                               Witnesses

David M. Capozzi, Nominee to be a Director, Amtrak Board of 
  Directors......................................................     4
    Prepared statement...........................................     5
    Biographical information.....................................     6
Anthony R. Coscia, Nominee to be a Director, Amtrak Board of 
  Directors......................................................    17
    Prepared statement...........................................    18
    Biographical information.....................................    20
Christopher Koos, Nominee to be a Director, Amtrak Board of 
  Directors......................................................    35
    Prepared statement...........................................    36
    Biographical information.....................................    37
Samuel E. Lathem, Nominee to be a Director, Amtrak Board of 
  Directors......................................................    43
    Prepared statement...........................................    44
    Biographical information.....................................    45
Robin L. Wiessmann, Nominee to be a Director, Amtrak Board of 
  Directors......................................................    50
    Prepared statement...........................................    51
    Biographical information.....................................    52
Robert E. Primus, Nominee to be a Member, Surface Transportation 
  Board..........................................................    62
    Prepared statement...........................................    62
    Biographical information.....................................    63

                                Appendix

Response to written questions submitted to David M. Capozzi by:
    Hon. Maria Cantwell..........................................    87
    Hon. Tammy Duckworth.........................................    87
    Hon. Kyrsten Sinema..........................................    87
    Hon. Jacky Rosen.............................................    88
    Hon. Ray Ben Lujan...........................................    89
    Hon. John Hickenlooper.......................................    89
    Hon. Roger Wicker............................................    90
    Hon. Mike Lee................................................    90
Response to written questions submitted to Anthony R. Coscia by:
    Hon. Maria Cantwell..........................................    91
    Hon. Amy Klobuchar...........................................    92
    Hon. Kyrsten Sinema..........................................    92
    Hon. Jacky Rosen.............................................    93
    Hon. Ray Ben Lujan...........................................    95
    Hon. John Hickenlooper.......................................    96
    Hon. Roger Wicker............................................    97
    Hon. Mike Lee................................................    98
Response to written questions submitted to Christopher Koos by:
    Hon. Maria Cantwell..........................................    99
    Hon. Amy Klobuchar...........................................   100
    Hon. Tammy Duckworth.........................................   100
    Hon. Kyrsten Sinema..........................................   100
    Hon. Jacky Rosen.............................................   101
    Hon. Ray Ben Lujan...........................................   102
    Hon. John Hickenlooper.......................................   102
    Hon. Roger Wicker............................................   103
    Hon. Mike Lee................................................   103
Response to written questions submitted to Samuel E. Lathem by:
    Hon. Maria Cantwell..........................................   104
    Hon. Kyrsten Sinema..........................................   104
    Hon. Jacky Rosen.............................................   105
    Hon. Ray Ben Lujan...........................................   106
    Hon. John Hickenlooper.......................................   106
    Hon. Roger Wicker............................................   107
    Hon. Mike Lee................................................   107
Response to written questions submitted to Robin L. Wiessmann by:
    Hon. Maria Cantwell..........................................   108
    Hon. Kyrsten Sinema..........................................   108
    Hon. Jacky Rosen.............................................   109
    Hon. Ray Ben Lujan...........................................   110
    Hon. John Hickenlooper.......................................   111
    Hon. Roger Wicker............................................   111
    Hon. Mike Lee................................................   112
Response to written questions submitted to Robert E. Primus by:
    Hon. Amy Klobuchar...........................................   113
    Hon. Jacky Rosen.............................................   114
    Hon. Mike Lee................................................   114

 
                     NOMINATION TO THE AMTRAK BOARD
           OF DIRECTORS AND THE SURFACE TRANSPORTATION BOARD

                              ----------                              


                      WEDNESDAY, SEPTEMBER 7, 2022

                                       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, Chair of the Committee, presiding.
    Present: Senators Cantwell [presiding], Blumenthal, 
Baldwin, Tester, Hickenlooper, Wicker, Fischer, and Moran.

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

    The Chair. Good morning, everyone. The U.S. Committee on 
Commerce, Science, and Transportation will come to order. I am 
pleased to welcome Amtrak and Surface Transportation Board 
nominees and their families here today.
    You are all here at a particularly challenging time for 
both passenger rail and freight rail in our country, but we 
have great promise for the future and investment. Amtrak is a 
central transportation provider for communities across the 
Nation. From the Northeast Corridor to the Pacific Northwest, 
Amtrak connects rural and urban communities in an 
environmentally friendly way.
    Passenger rail burns 83 percent fewer greenhouse emissions 
than driving and up to 73 percent fewer emissions than flying. 
And Amtrak is facing historical challenges but also 
opportunities which can help Amtrak expand its services and 
help meet those passenger demands of the future.
    The railroad is still recovering from the COVID-19 
pandemic. And its peak Amtrak ridership was down 97 percent due 
to COVID-19. Thankfully, ridership has significantly recovered 
from that point and is projected to be at 70 percent of pre-
pandemic levels this year. However, Amtrak still struggles to 
restore routes where service was reduced during the pandemic.
    This includes the Amtrak Cascades route, which will have 
service partially restored from Seattle to Vancouver, British 
Columbia, later this month, but it needs to be brought back to 
full pandemic--pre-pandemic service levels. I can't tell you 
how important this is for the economy of our region.
    Additionally, the infrastructure law provided $66 billion 
investment in rail, with $22 billion going to Amtrak to 
purchase new rail cars and improve stations, and upgrade tracks 
to enhance the passenger experience, and improve reliability.
    Ensuring these funds are managed wisely will be the 
responsibility of Amtrak Board nominees here today. Each 
nominee has a unique set of skills and experiences that will 
help guide Amtrak to meet the challenges of today and the 
future. The nominees before us today are Anthony Coscia--is 
that--am I saying that correct, Coscia? Thank you. Who has 
served on the Amtrak Board since 2010 and is currently Chair of 
the Board.
    Mr. David Capozzi, who is Former Director of U.S. Access 
Board and will ensure Amtrak is meeting its responsibilities to 
provide quality service to people with disabilities. Mr. Chris 
Koos, who was nominated for this role last Congress and 
currently serves as Mayor of Normal Illinois, which is served 
by Amtrak's Cardinal route.
    And Mr. Samuel Lathem, who was the first African American 
to be elected to the President of the Delaware State AFL-CIO 
and currently serves on the Board of the Delaware River Bay 
Authority. And Ms. Robin Wiessmann, who currently serves as the 
Executive Director of the Pennsylvania Housing Finance Agency.
    Last, Mr. Robert Primus has been renominated as the member 
of the Surface Transportation Board. This Surface 
Transportation Board provides critical roles in overseeing our 
freight rail industry, which is currently struggling with 
nationwide service issues caused by pandemic issues of 
disruption, increased freight demand, and labor shortages. It 
is essential that our freight rail system become a resilient 
system, able to meet the demands of today and the future.
    Freight shipments are expected to increase by 10 percent by 
2030, and by 43 percent by 2050. However, at a time of 
increasing freight volumes, rail industry shipment volumes fell 
3.2 percent in June of this year, in large part due to service 
issues. These service issues have impacted everyone from grain 
growers in my State, or grain growers in the Midwest sending 
grain to the West Coast, to residents of Snohomish and Skagit 
and Island Counties who struggle with shipping issues 
themselves.
    So the Surface Transportation Board has to work with the 
railroads to reverse these trends, and to make sure that we 
have the staffing to make sure the system can deliver the 
services it is scoped to do.
    Thankfully, Mr. Primus has already proven himself to be an 
effective Board member over the past 2 years and has worked to 
ensure that disputes between shippers and railroads are handled 
fairly and transparency while pushing the Board to meet the 
rail industry's present day challenges.
    So I look forward to hearing from all the nominees about 
the challenges we face in our rail transportation and meeting 
the needs of the American people. I will now turn to my 
colleague, Senator Wicker, for his opening statement.

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

    Senator Wicker. Well, thank you, Madam Chair. And let me 
say that I agree with every word you just said, and I am 
tempted to yield back, but I will not. You could have mentioned 
Gulf Coast Rail, but I know how supportive you have been----
    The Chair. Absolutely.
    Senator Wicker. So, thank you so much for your leadership. 
We are glad to have five nominees before us to serve on the 
Amtrak Board of Directors and one nominee to serve on the 
Surface Transportation Board.
    For the Amtrak Board, the Committee is considering four new 
individuals, according--along with current Board Chairman 
Anthony Coscia, who has been nominated for a third term. 
Additionally, Mr. Robert Primus has been nominated for another 
term as a member of the Service Transportation Board.
    Our Chair has courageously pronounced all of the other 
names and I will not try to improve on that. The bipartisan 
infrastructure law, as the Chair just said, provided $22 
billion in advanced appropriations to Amtrak over the next 5 
years, with the opportunity to apply for billions more in 
competitive grants. Might I also say that the billions for rail 
at large will also benefit Amtrak, as the Chair well knows.
    I expect members of this committee will want to know how 
Amtrak will use the significant funding available to it to 
address its operations, particularly the national network. My 
top priority for Amtrak continues to be the long awaited 
restoration of passenger rail service along the Gulf Coast.
    Mississippians have not had passenger rail service along 
the Gulf Coast since Hurricane Katrina devastated our state in 
2005. I commemorated the anniversary of Katrina just a few days 
ago in the Gulf Coast of Mississippi, in the beautiful City of 
Ocean Springs, Mississippi.
    As communities on the Gulf Coast are still recovering from 
the storm, 17 years later, restoration of rail, of a passenger 
rail service will be a major step in completing this recovery. 
Unfortunately, the prolonged delay in restoration of passenger 
rail has moved this matter from negotiation to litigation, as 
our panelists are aware.
    In March of last year, Amtrak petitioned the Surface 
Transportation Board for access to the rail line between New 
Orleans and Mobile. The law favors this petition. But 
protracted litigation benefits no one, in my judgment. I had 
hoped to see this matter resolved by mutual agreement by this 
point in time.
    It is a proven fact that freight and passenger rail service 
can co-exist and thrive when the operators work together. This 
has been the statutory model for 51 years. Additionally, when 
considering the historic levels of funding in the bipartisan 
infrastructure law available to Amtrak and the freight 
railroads, we are in a position to restart this service very 
soon, very soon.
    I want to hear from the nominees regarding their commitment 
to restoring passenger rail service along the Gulf Coast. The 
Committee also has the chance today to discuss matters within 
the Surface Transportation Board's jurisdiction. The Board has 
extensive authority to regulate railroad operations and 
business practices.
    In the past 2 years, the Board has been notably active in 
pursuing several regulatory initiatives related to supply chain 
challenges, railroad mergers, and passenger rail service. In 
May, Chairman Oberman testified that the Board has the 
authority it needs to conduct effective oversight in response 
to the present challenges facing the rail industry.
    I know Mr. Primus and his colleagues are hard at work to 
resolve several pending matters, including Amtrak's Gulf Coast 
petition. And I appreciate his and his colleagues' efforts. I 
thank each of the nominees today for their willingness to serve 
and for their testimony before the Committee today. Thank you, 
Madam Chairman.
    The Chair. Thank you, Senator Wicker. And we will now hear 
from our various nominees, starting with you, Mr. Capozzi. 
Thank you.

STATEMENT OF DAVID M. CAPOZZI, NOMINEE TO BE A DIRECTOR, AMTRAK 
                       BOARD OF DIRECTORS

    Mr. Capozzi. [Technical problems]--Senator Hickenlooper, 
Senator Blumenthal, I am honored to be with you today as one of 
President Biden's nominees for Amtrak's Board of Directors. I 
am the first person nominated to fulfill the requirement in the 
Infrastructure Investment and Jobs Act, that Amtrak's Board 
include at least one individual with a disability who has 
experience with accessibility issues.
    I am the right person for the job. For over 35 years, I 
have worked to make rail transportation more accessible for 
people with disabilities. I was a member of the legal team for 
the disability community that helped Congress craft the 
Americans with Disabilities Act, and I testified in support of 
its passage. Following the ADA's enactment, I chaired the 
Department of Transportation's Advisory Committee, created to 
help develop DOT's ADA regulations.
    I served as National Advocacy Director for the Paralyzed 
Veterans of America and was Vice President of advocacy for 
Easterseals. While at Easterseals, I managed Project Action, a 
Congressionally created program to promote cooperation between 
the disability community and the transportation industry to 
improve access to transportation for people with disabilities.
    In 1992, I joined the Access Board, the Federal agency 
whose mission is accessibility for people with disabilities. I 
served as its Executive Director from 2008 until my retirement 
from Federal service in 2020. And while at the Access Board, I 
led the development of accessibility guidelines and standards 
to implement the ADA and other laws, including creating and 
updating accessibility guidelines for fixed guideway systems 
including intercity rail.
    If confirmed, I will bring my many years of experience, 
both outside and within the Federal Government, to the Amtrak 
Board. And during my career, I have developed positive 
relationships with a wide range of transit and disability 
organizations.
    I will use my experience and relationships to help ensure 
that Amtrak makes accessibility one of its highest priorities. 
The ADA provided 20 years to 2010 for Amtrak to make its 
stations accessible. But Amtrak missed the deadline.
    Only about a quarter of the nearly 400 stations where 
Amtrak has, or shares ADA responsibility, currently comply with 
accessibility standards. As part of a 2020 settlement with the 
Department of Justice, Amtrak made commitments to bring these 
stations into compliance. My understanding is that Amtrak plans 
to spend about $1 billion over the next 6 years to achieve that 
goal.
    And over the next 10 years, Amtrak intends to replace the 
majority of its existing passenger rail car fleet. Since rail 
cars often have a service life of 40 years or more and cannot 
be easily modified, it is important that the new equipment be 
designed and manufactured to optimize accessibility.
    And thanks to you and others in Congress, there are now 
unprecedented levels of funding for Amtrak, making this a 
critical time for advancing the vision of an expanded and 
improved intercity rail network. I am particularly excited to 
be nominated now to Amtrak's Board to help it achieve this 
vision and in satisfying Amtrak's ADA obligations.
    In closing, if confirmed, my focus will be providing 
leadership and attention in fulfilling Amtrak's ADA obligations 
and in meeting the DOJ settlement agreement terms. Serving on 
Amtrak's Board would provide me the opportunity to advance the 
implementation of the laws, regulations, and standards I have 
spent my entire career helping to develop, and to be part of 
the team that helps to enable individuals with disabilities to 
travel without obstacles wherever they want to go by Amtrak.
    Thank you for your consideration of my nomination. I will 
be happy to answer any questions. And if confirmed, I look 
forward to working cooperatively with you and the other members 
of the Committee. Thank you.
    [The prepared statement and biographical information of Mr. 
Capozzi follow:]

   Prepared Statement of David M. Capozzi, Nominee to be a Director, 
                       Amtrak Board of Directors
    Chair Cantwell, Ranking Member Wicker, distinguished members of the 
Committee, my name is David Capozzi. I am honored to be here with you 
today as a nominee for Amtrak's Board of Directors. As you know, if 
confirmed, I will be the first person to fulfill the requirement 
included in the Infrastructure Investment and Jobs Act, or IIJA, that 
Amtrak's Board include ``at least 1 individual . . . with a disability 
. . . who has a demonstrated history of, or experience with, 
accessibility, mobility and inclusive transportation in passenger rail 
or commuter rail.''
    I am the right person for the job. I have worked to make rail 
transportation more accessible to individuals with disabilities for 
over 35 years. I was a member of the legal team for the disability 
community that helped Congress craft the Americans with Disabilities 
Act, or ADA, and testified in support of its passage before the House 
Committee on Public Works and Transportation. Following the ADA's 
enactment, I chaired the committee formed by the Urban Mass Transit 
Administration, the predecessor of today's Federal Transit 
Administration, which developed the Department of Transportation's 
proposed rule to implement the ADA.
    I served as National Advocacy Director for the Paralyzed Veterans 
of America and Vice President of Advocacy for Easterseals. While at 
Easterseals, I managed Project ACTION, a congressionally created 
program to promote cooperation between the disability community and the 
transportation industry to improve access to transportation for people 
with disabilities.
    In 1992, I joined the Access Board, the Federal agency whose 
mission is accessibility for people with disabilities. I served as its 
Executive Director from 2008 until my retirement from Federal service 
in 2020. During my time at the Access Board, I led the development of 
guidelines and standards to implement the ADA and other Federal laws. 
This included updating accessibility guidelines that apply to fixed 
guideway systems, including rapid, light, commuter, intercity, and 
high-speed rail.
    I will bring to the Amtrak Board my many years of experience, both 
outside and within the Federal government. During my career, I 
developed positive relationships with a wide range of groups 
representing the transit and disability communities. I will also bring 
my passion for ensuring that Amtrak makes accessibility one of its 
highest priorities.
    There are now unprecedented levels of funding for Amtrak and 
intercity passenger rail that Congress provided in the IIJA, making 
this a critical time for advancing the vision of an expanded and 
improved intercity passenger rail network. As one who shares that 
vision, I am particularly excited to be nominated to Amtrak's Board, in 
this moment, to aid its success and help fulfill Amtrak's ADA 
obligations.
    Only about a quarter of the nearly 400 stations Amtrak has or 
shares ADA responsibility currently comply with the ADA. As part of a 
2020 settlement with the Department of Justice, Amtrak made commitments 
to bring these stations into compliance. My understanding is that 
Amtrak plans to spend $900 million over the next five years to achieve 
that goal.
    Over the next ten years, Amtrak intends to replace or initiate 
procurements to replace the majority of its existing passenger 
equipment fleet. Since passenger railcars often have a service life of 
40 years or more and cannot be easily modified, it is important that 
the new equipment is designed and manufactured to optimize 
accessibility. Again, I intend to ensure that happens.
    As a member of Amtrak's Board, one of my areas of focus would be in 
providing leadership and attention in fulfilling Amtrak's obligations 
under the ADA and the DOJ settlement agreement and working to secure 
the appropriate levels of funding for that purpose.
    Serving on Amtrak's Board of Directors would provide me the 
opportunity to oversee Amtrak's implementation of the laws, 
regulations, and guidelines I spent my career helping to develop and to 
be part of the team that helps enable individuals with disabilities 
travel without obstacles wherever they want to go by Amtrak.
    Thank you for your consideration of my nomination. I will be happy 
to answer any questions and if confirmed I look forward to working 
cooperatively with the committee.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used): David Michael 
Capozzi.
    2. Position to which nominated: Amtrak, Board of Directors, Member.
    3. Date of Nomination: April 29, 2022.
    4. Address (List cun-ent place of residence and office addresses):

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

    5. Date and Place of Birth: February 23, 1958; Buffalo, NY.
    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).

        Patricia Susan Capozzi; Paraeducator; Montgomery County Public 
        Schools; David Matthew Capozzi, 31; Megan Marie Capozzi, 27; 
        Margaret Ann Capozzi, 27; Michael Elias Capozzi, 27.

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

        State University of New York at Buffalo
        Faculty of Social Sciences
        Bachelor of Arts--May 1982

        State University of New York at Buffalo
        Faculty of Law and Jurisprudence
        Juris Doctor--May 1985

    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.

        U.S. Access Board
        Executive Director
        November 2008-June 2020

        U.S. Access Board
        Director, Technical and Information Services
        April 1992-November 2008

        National Easter Seal Society
        Vice President for Advocacy and Director of Project ACTION
        July 1989-April 1992

        Paralyzed Veterans of America
        National Advocacy Director
        June 1987-July 1989

        Paralyzed Veterans of America
        Associate Advocacy Director
        June 1985-June 1987

    9. Attach a copy of your resume.
    See Attached
    10. List any advisory, consultative, honorary, or other part-time 
service or positions with Federal, State, or local governments, other 
than those listed above, within the last ten years. None.
    11. List all positions held as an officer, director, trustee, 
partner, proprietor, agent, representative, or consultant of any 
corporation, company, firm, partnership, or other business, enterprise, 
educational, or other institution within the last ten years.

   Board of Directors, United Spinal Association, New York, New 
        York. July 2020 to present.

   Advisory Committee Member, Mobility Fitness, Atherton, 
        California. July 2020 to present.

   Accessibility Professionals in the Built Environments Task 
        Force Member, International Association of Accessibility 
        Professionals, Atlanta, Georgia. July 2020 to present.

   Program Committee Member, Access Living, Chicago, Illinois. 
        September 2020 to present.

   Advisory Council Morphic (making personal computers easier 
        to use for everyone, including those with disabilities), 
        College Park, Maryland. June 2021 to present.

   Biden-Harris Policy Volunteer. August-October 2020.

    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.
    I've been a member of United Spinal Association since June 2013. In 
June 2020 I was elected to their Board of Directors.
    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.
    Biden-Harris Policy Volunteer. August-October 2020.
    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.

   Honorary Member of the Kiosk Hall of Fame. February 2022.

   2020 Service to the Citizen Award winner. The award 
        recognizes those public servants who demonstrate excellence in 
        their delivery of services that impact the public's lives. 
        September 2020.

   Received an award in Vienna, Austria from the Zero Project 
        (focused on the rights of persons with disabilities globally) 
        recognizing my longstanding cooperative efforts with the 
        European Commission to harmonize global ICT accessibility 
        standards. February 2016.

   National Advocate Award, Project ACTION, May 1992.

   Advocate Award, Access to the Skies Program, January 1992.

   People Who Make a Difference, National award sponsored by 
        Helene Curtis, April 1991.

   Summa Cum. Laude

   Phi Beta Kappa

   Alpha Lambda Delta National Honor Society

   Psychology Departmental Honors

    17. Please list each book, article, column, Internet blog posting, 
or other publication you have authored, individually or with others. 
Include a link to each publication when possible. Also list any 
speeches that you have given on topics relevant to the position for 
which you have been nominated. Do not attach copies of these 
publications unless otherwise instructed.
    See below for chapters in books, testimony, and speeches, videos, 
and articles.
Books
        Capozzi, D. and Cannon D. (1995). Transportation Accessibility. 
        In the Encyclopedia of Disability and Rehabilitation (1st ed.) 
        (pp.731-738). New York, NY: Macmillan Publishing.
Speeches, Videos, and Articles (samples)
        Impact of the Trace R&D Center: A panel discussion. Excerpts 
        from a panel discussion at ASSETS 2021. October 14, 2021 
        (website)

        This 1990 disabilities law ushered in a new era. U.S. Embassy 
        in Georgia. July 20, 2020 (website)

        Disability Employment: Removing Barriers to Prosperity in 
        Africa. Department of State hosted interactive webchat. October 
        31, 2018 (website)

        Significance of Standardization and Antidiscrimination Actions 
        Based on American Experience. Speech at Diversity Hub in 
        Krak6w, Poland. September 14, 2017 (website)

        A stick or a carrot? How do they do it in the US? Interview by 
        Polish press. June 8, 2017 (website)

        FOIA committee mulls Section 508 responsibilities. Federal News 
        Network. October 25, 2016 (website)

        ADA 25th Anniversary. Interview by WebABLE.tv. July 29, 2015 
        (website)

    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/david-capozzi-36781713b

    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.

   Senate Committee on Health, Education, Labor and Pensions, 
        The Americans with Disabilities Act and Accessible 
        Transportation: Challenges and Opportunities, November 17, 
        2011.

   House Committee on Government Reform, Subcommittee on the 
        District of Columbia, ``Mass Transit: Many Management Successes 
        at WMATA, but Capital Planning Could Be Enhanced,'' September 
        21, 2001.

   House Committee on Appropriations, Subcommittee on 
        Transportation, ``'Fiscal Year

   House Committee on the Judiciary, Subcommittee on Civil and 
        Constitutional Rights, ``Testimony Regarding HR. 4119--The Fair 
        Housing Amendments Act of 1986'', July 18, 1986.

   House Committee on Small Business, Subcommittee on General 
        Oversight and the Economy, ``Testimony Regarding Small Business 
        Administration Programs for Veterans,'' May 7, 1986.

    20. Given the current mission, major programs, and major 
operational objectives of the department/agency to which you have been 
nominated, what in your background or employment experience do you 
believe affirmatively qualifies you for appointment to the position for 
which you have been nominated, and why do you wish to serve in that 
position?
    My background and employment experience make me particularly suited 
to serve as a member of the Board of Directors for Amtrak. Section 
22202 (a)(l)(B) of the Infrastructure Investment and Jobs Act amended 
the composition of the Amtrak Board of Directors. The Board must now 
include at least one member who is an individual with a disability with 
a demonstrated history of, or experience with, accessibility, mobility, 
and inclusive transportation in passenger rail or commuter rail. I have 
been a wheelchair user since a car accident in 1977 and have the 
necessary experience for this position.
    I was a member of the legal team and was a lobbying captain for the 
disability community that helped craft the Americans with Disabilities 
Act (ADA); my expertise was helping with the transportation provisions. 
After enactment of the ADA, I chaired the Urban Mass Transportation 
Administration's (UMTA--now FTA) ADA Federal Advisory Committee. The 
Committee advised UMTA on developing its ADA transportation 
regulations. While at the Access Board I was responsible for the 
development of ADA accessibility guidelines for transportation vehicles 
and facilities. I also created an advisory committee to update the 
Board's rail vehicle guidelines; the committee provided its 
recommendations in July 2015.
    I know how to interact with a Board of Directors. At the Access 
Board I reported to a Board of twenty-five members: twelve 
representatives from most of the cabinet agencies and thirteen members 
of the public appointed by the President of the United States. I also 
know how to be a productive Board member. I was elected to the United 
Spinal Association Board of Directors in June 2020 and have actively 
participated in all Board activities since then. (I'm also a member of 
Amtrak Guest Rewards.)
    21. What do you believe are your responsibilities, if confirmed, to 
ensure that the department/agency has proper management and accounting 
controls, and what experience do you have in managing a large 
organization?
    If confirmed as a Board member, I expect to be responsible for 
attending and contributing during meetings, communicating with the 
President and Chief Executive Officer and other Board members, 
overseeing the performance of the President and Chief Executive 
Officer, and assisting in developing the annual budget and ensuring 
that proper financial controls are in place. I also expect to ensure 
that the company exercises its obligations to comply with laws and 
regulations specifically regarding accessibility for people with 
disabilities.
    As Executive Director at the Access Board I was responsible for 
$9.2 million in program expenditures and twenty-nine professional and 
support staff for the only Federal agency whose primary mission is 
accessibility for people with disabilities. I was responsible for 
strategic planning, personnel evaluations, budget justifications and 
execution, and rulemaking. I prepared agenda materials for 70 Board 
meetings and out-of-town events. I was a member of the Senior Executive 
Service since 2004. At the Access Board I received ``clean'' 
independent audit opinions every year. I have extensive experience in 
public speaking. I was interviewed over 150 times for international, 
national, and local radio, television, and print media and was featured 
as a keynote and conference speaker at over 300 conferences and 
seminars including twenty-five international conferences. As a manager, 
I supervised the development of accessibility guidelines for the ADA, 
Architectural Barriers Act, Communications Act, and accessibility 
standards for information and communication technology and medical 
diagnostic equipment under the Rehabilitation Act. I also managed a 
small number of staff and contractors as Vice President of Advocacy for 
Easter Seals and the Paralyzed Veterans of America.
    22. What do you believe to be the top three challenges facing the 
department/agency, and why?
    In terms of accessibility challenges, Amtrak is facing 
implementation issues in making its stations accessible, ensuring that 
rail cars are procured to be the most accessible as possible, and that 
outreach to the disability community be improved.
    The Americans with Disabilities Act provided 20 years (to 2010) for 
Amtrak to make its stations accessible. Amtrak missed this deadline. As 
of April 2021, where Amtrak has sole and shared responsibility, 74 of 
386 stations are accessible. Amtrak expects to have full accessibility 
by September 2027 and will spend $900 million on station accessibility 
between 2021 and 2026. If confirmed as a member of the Board, I will 
provide strong advocacy to ensure the staff is accountable in meeting 
this goal.
    Amtrak has a fleet of about 1,300 cars. Amtrak plans to replace 
nearly 40 percent of its rail car fleet by 2031. Since many cars can 
last at least 40 years it is critical that the best procurement 
decisions are made to ensure accessibility for years to come.
    Improved outreach to the disability community is essential. Amtrak 
needs to improve its standing with the disability community largely 
because of its failure to meet its ADA obligations. In December 2020, 
Amtrak settled an ADA complaint with the Department of Justice (DOJ) 
which requires Amtrak to make its intercity rail system accessible, 
prioritizing stations with the most significant barriers to access. 
Amtrak will also train staff on ADA requirements and implement an 
improved process for accepting and handling ADA complaints. One result 
of the DOJ settlement is that Amtrak paid over $2 million to more than 
1,500 individuals who experienced disability discrimination while 
traveling or attempting to travel by train. Public outreach is one way 
to improve Amtrak's standing with the disability community. The 
Infrastructure Investment and Jobs Act now requires the Amtrak Board to 
meet at least annually with representatives of Amtrak employees, 
representatives of persons with disabilities, and the general public to 
discuss financial performance and service results.
                   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 III of my Executive 
Branch Confidential Financial Disclosure Report (OGE Form 450). In 
connection with the nomination process, I have consulted with the 
designated Amtrak ethics representative to identify potential conflicts 
of interest. Any potential conflicts of interest will be resolved in 
accordance with the Amtrak Board of Directors' Code of Business Conduct 
and Ethics and the terms of Amtrak's Ethics Opinion Letter which has 
been provided to this Committee. I am not aware of any other potential 
conflicts of interest.
    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.
    Yes. My arrangements are fully described in Part III of my 
Executive Branch Confidential Financial Disclosure Report (OGE Form 
450). In connection with the nomination process, I have consulted with 
the designated Amtrak ethics representative to identify potential 
conflicts of interest. Any potential conflicts of interest will be 
resolved in accordance with the Amtrak Board of Directors' Code of 
Business Conduct and Ethics and the terms of Amtrak's Ethics Opinion 
Letter which has been provided to this Committee. I am not aware of any 
other potential conflicts of interest.
    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 designated Amtrak ethics representative to identify potential 
conflicts of interest. Any potential conflicts of interest will be 
resolved in accordance with the Amtrak Board of Directors' Code of 
Business Conduct and Ethics and the terms of Amtrak's Ethics Opinion 
Letter which 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 designated Amtrak ethics representative to identify potential 
conflicts of interest. Any potential conflicts of interest will be 
resolved in accordance with the Amtrak Board of Directors' Code of 
Business Conduct and Ethics and the terms of Amtrak's Ethics Opinion 
Letter which 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 designated Amtrak ethics representative to identify potential 
conflicts of interest. Any potential conflicts of interest will be 
resolved in accordance with the Amtrak Board of Directors' Code of 
Business Conduct and Ethics and the terms of Amtrak's Ethics Opinion 
Letter which has been provided to this Committee. I am not aware of any 
other potential conflicts of interest.
    6. Describe any activity during the past ten years, including the 
names of clients represented, in which you have been engaged for the 
purpose of directly or indirectly influencing the passage, defeat, or 
modification of any legislation or affecting the administration and 
execution of law or public policy. None.
                            c. legal matters
    1. Have you ever been disciplined or cited for a breach of ethics, 
professional misconduct, or retaliation by, or been the subject of a 
complaint to, any court, administrative agency, the Office of Special 
Counsel, professional association, disciplinary committee or other 
professional group? No.
    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.
    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.
    I have not had any complaints of harassment, discrimination, or 
retaliation made against me to any employer or any other entity with 
which [ had a relati.onship (such as a contractor). However, when I was 
Executive Director of the Access Board (AKA "Architectural and 
Transportation Barriers Compliance Board"), a former employee, Anita 
Kinney, filed both an equal employment opportunity (EEO) complaint and 
a complaint with the Merit Systems Protection Board (MSPB), against the 
agency. As Executive Director, my name was in the caption of both 
cases, but I was not named in my personal capacity. It is common 
practice for complaints against federal agencies to include the name of 
the agency head. All complaints were settled on March 2, 2021 after I 
had retired as Executive Director. (Seehttps://www.pacemonitor.com/
public/case/30172880/KINNEY_v_CAPOZZI). The current Executive 
Director's name was substituted for mine in the caption for the civil 
action in D.C. District Court, as is typical when the agency head is 
named in an official, rather than a personal capacity.
    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.
                                 ______
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 

    The Chair. Thank you so much. Mr. Coscia, you are next.

   STATEMENT OF ANTHONY R. COSCIA, NOMINEE TO BE A DIRECTOR, 
                   AMTRAK BOARD OF DIRECTORS

    Mr. Coscia. Good morning, Chair Cantwell, Ranking Member 
Wicker, Senator Blumenthal, Senator Hickenlooper. I am Tony 
Coscia, the Chairman of Amtrak's Board of Directors and a Board 
member since 2010.
    Thank you again for holding this hearing today. It is an 
honor to serve on Amtrak's Board and work with such a dedicated 
team, both within the company and among our various 
stakeholders. I am grateful for the extraordinary level of 
support that passenger rail and Amtrak have received from this 
committee and Congress.
    At my first confirmation hearing in 2010, Amtrak was still 
recovering from the darkest period in its history. A near 
bankruptcy in the early 2000 eroded confidence in the company 
and its management. Some questioned whether Amtrak and its 
national network should continue to exist.
    There were limited plans for Amtrak's future direction or 
any assurance it would receive sufficient funding to maintain 
existing assets, let alone improve and expand service. I am 
proud to say that since that time, Amtrak, working with our 
partners, has made significant progress.
    We grew ridership nationwide while significantly improving 
the finances of the company despite decades of chronic 
underinvestment that left Amtrak saddled with old and 
inefficient assets and infrastructure.
    By the end of Fiscal Year 2019, Amtrak eliminated over $300 
million in annual operating losses compared to 2013, and more 
importantly, created a pathway to investing revenue in long 
overdue capital projects. We recruited new industry leading 
management to the company to implement best practices in 
safety, operations, financial management, and customer service.
    We completed the nationwide installation of Positive Train 
Control, PTC, and we were the first U.S. based railroad to 
implement a comprehensive safety management system as required 
by this committee.
    We developed and began implementing long term plans for 
capital investment and service improvements and expansion, as 
evidenced by the new service across four State supported routes 
launched earlier this year and our plan to restore Gulf Coast 
service between New Orleans and Mobile.
    We launched a more than $10 billion program to re-fleet 
Amtrak with new U.S. made trains. New clean diesel locomotives 
for our Nation--our national network are being delivered. New 
high speed Acela train sets for the Northeast Corridor are 
being tested. New intercity train sets for the Northeast 
Regional Service and State supported service are already on 
order.
    We improved and maintained high customer satisfaction 
scores and on time performance where we dispatch the railroad 
despite the challenges of old infrastructure and assets. And we 
kept our team and customers safe during the tumult of the 
pandemic and are restoring service to all of our network thanks 
to the incredible level of support from Congress and the Biden 
administration.
    Because of these efforts, Amtrak and its partners were 
ready when Congress enacted the Infrastructure Investment and 
Jobs Act, including the landmark rail title drafted by this 
committee. This historic legislation provides the significant 
multi-year capital funding for intercity passenger rail that 
Amtrak has sought for decades.
    With these resources, Amtrak will finally be able to make 
vital investments in our network and working with our partners 
to expand service to underserved communities throughout the 
Nation.
    Our highest priority on the Northeast Corridor is to renew 
our centuries old infrastructure so that we can improve 
reliability, capacity, trip time. Construction of the Hudson 
Tunnel between New Jersey and New York, and replacing the 150 
year old BNP tunnel in Baltimore typify these efforts.
    Across the National Network, we are focused on improving 
Chicago Union Station, refleeting our long distance trains, 
improving corridors and expanding service to new markets, and 
achieving full compliance with the Americans with Disabilities 
Act at all of our stations. These investments will usher in a 
new era of inner city passenger rail in America. To capitalize 
on this era, Amtrak will need your continued support.
    While the infrastructure bill's capital funding is a 
fantastic down payment, it will not be sufficient to overcome 
generations of underinvestment in passenger rail, nor will it 
fund our day to day operations, which relies on annual 
appropriations. We also face the challenge of rebuilding and 
growing a skilled work force. While we hired over 2,800 new 
employees so far this Fiscal Year, we are seeking thousands 
more.
    Finally, poor on-time performance caused by some of our 
host railroads is a major and continuing challenge that 
threatens the viability of our system. Nonetheless, now is an 
exciting time to be involved with Amtrak.
    Our Nation absolutely needs energy efficient intercity 
passenger rail to reduce emissions and alleviate congestion. We 
all know that traveling by Amtrak is much greener than driving 
or flying. And highway traffic is already exceeding pre-
pandemic levels in many places. Meanwhile, airports and 
airspaces are unable to accommodate even current travel demand. 
The case for expanding and improving Amtrak service is 
compelling.
    Amtrak is ready to deliver a new era of passenger rail. I 
am proud of what we have accomplished since I joined the Amtrak 
Board and I welcome the opportunity to continue my service. 
Thank you for all of your support thus far, and I look forward 
to answering your questions.
    [The prepared statement and biographical information of Mr. 
Coscia follow:]

  Prepared Statement of Anthony R. Coscia, Nominee to be a Director, 
                       Amtrak Board of Directors
    Good morning, Chair Cantwell, Ranking Member Wicker, and members of 
the Committee.

    I am Tony Coscia, the Chairman of the Amtrak Board of Directors and 
board member since 2010. Thank you for holding this nomination hearing 
today.
    It is an honor to serve on Amtrak's Board and work with such a 
dedicated team, both within the Company and among our various 
stakeholders. I am grateful for the extraordinary level of support that 
passenger rail and Amtrak receive from this Committee and Congress.
    At my first confirmation hearing in 2010, Amtrak was still 
recovering from the darkest period in its history. A near bankruptcy in 
the early 2000s eroded confidence in the company and its management. 
Some questioned whether Amtrak and its national network should continue 
to exist. There were limited plans for Amtrak's future direction or any 
assurance it would receive sufficient funding to maintain existing 
assets, let alone improve and expand service.
    I am proud to say that since that time, Amtrak, working with our 
partners, made significant progress:

   We grew ridership nationwide while significantly improving 
        the finances of the company, despite decades of chronic 
        underinvestment that left Amtrak saddled with old and 
        inefficient assets and infrastructure. By the end of FY 2019, 
        Amtrak eliminated over $300 million in annual operating losses 
        compared to 2013 and, more importantly, created a pathway to 
        investing revenue in to long-overdue capital projects;

   We recruited new industry-leading management to the Company 
        to implement best practices in safety, operations, financial 
        management and customer service;

   We completed the nationwide installation of Positive Train 
        Control (PTC), and we were the first U.S.-based railroad to 
        implement a comprehensive Safety Management System, as required 
        by this Committee;

   We developed and began implementing long-term plans for 
        capital investments and service improvements and expansion, as 
        evidenced by the new service across four state-supported routes 
        launched this year and our plan to restore Gulf Coast Service 
        between New Orleans and Mobile;

   We launched a more than $10 billion program to re-fleet 
        Amtrak with new U.S.-made trains. New clean diesel locomotives 
        for our National Network are being delivered, new high-speed 
        Acela trainsets for the Northeast Corridor are being tested, 
        and new Intercity Trainsets for Northeast Regional service and 
        state-supported service are on order;

   We improved and maintained high Customer Satisfaction scores 
        and on-time performance, where we dispatch the railroad, 
        despite the challenges of old infrastructure and assets; and

   We kept our team and customers safe during the tumult of the 
        pandemic and are restoring service to all our network thanks to 
        the incredible support of Congress and the Biden 
        Administration.

    Because of these efforts, Amtrak and its partners were ready when 
Congress enacted the Infrastructure Investment and Jobs Act, including 
the landmark Rail Title drafted by this Committee. This historic 
legislation provides the significant, multi-year capital funding for 
intercity passenger rail that Amtrak sought for decades. With these 
resources, Amtrak will finally be able to make vital investments in our 
network, and working with our partners, expand Amtrak service to 
underserved communities throughout the Nation.
    Our highest priority on the Northeast Corridor is to renew our 
centuries-old infrastructure so that we can improve reliability, 
capacity, and trip time. Construction of the Hudson Tunnel between New 
Jersey and New York and replacing the 150-year-old B&P Tunnel in 
Baltimore typify these efforts. Across the National Network, we are 
focused on improving Amtrak's Chicago Union Station, re-fleeting our 
long-distance trains, improving corridors and expanding service to new 
markets, and achieving full compliance with the Americans with 
Disabilities Act at our stations. These investments we will usher in a 
new era of intercity passenger rail in America.
    To capitalize on this era, Amtrak will need your continued support. 
While the infrastructure bill's capital funding is a fantastic down 
payment, it will not be sufficient to overcome the generations of 
underinvestment in passenger rail nor will it fund our day-to-day 
operations, which relies on ongoing annual appropriations. We also face 
the challenge of rebuilding and growing our skilled workforce. While we 
hired over 2,800 new employees so far this Fiscal Year, we are seeking 
thousands more. Finally, poor on-time performance caused by some our 
host railroads is a major and continuing challenge that threatens the 
viability of our system.
    Nonetheless, now is an exciting time to be involved with Amtrak. 
Our nation absolutely needs energy-efficient intercity passenger rail 
service to reduce emissions and alleviate congestion. We all know 
traveling by Amtrak is so much greener than driving and flying and 
highway traffic is already exceeding pre-pandemic levels in many 
places. Meanwhile, airports and airspace are unable to accommodate even 
current travel demand. The case for expanding and improving Amtrak 
service is compelling.
    Amtrak is ready to deliver a new era of passenger rail. I'm proud 
of what we've accomplished since I joined Amtrak's Board and I welcome 
the opportunity to continue my service. Thank you for all your support 
thus far, and I look forward to answering any questions.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used):

        Anthony Rosario Coscia
        Nickname: Tony

    2. Position to which nominated: Director, Amtrak Board of 
Directors.
    3. Date of Nomination: May 3, 2022.
    4. Address (List current place of residence and office addresses):

        Residence: Information not released to the public.
        Office:
        I work out of two offices of Windels Marx:
        New York, NY 10019
        New Brunswick, NJ 08901

    5. Date and Place of Birth: 09/09/1959; Paterson, New Jersey.
    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: Alice Coscia, Nurse Practitioner, Harrison Medical 
        Group, Harrison, NJ

        Children: Daughter, Christine England, 34, Nurse Practitioner, 
        Family Health Institute, Kingston, NY

        Son, Joseph Coscia, 32, Senior Associate, Potomac Economics, 
        Ltd., Fairfax, VA

        Son, Stephen Coscia, 30, PhD Candidate, University of 
        Pennsylvania, Philadelphia, PA

        Daughter, Elizabeth Coscia, 28, Student, Georgetown University 
        Law Center, Washington, DC

        Daughter, Marissa Coscia, 26, Director, Communications & Public 
        Affairs, Global Strategy Group, New York, NY

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

   Rutgers University School of Law, Juris Doctorate (1984)

   Georgetown University School of Foreign Service, Bachelors 
        of Science in Foreign Service, International Economics (1981)

    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/Related Positions Are Bolded Below:
   Graham and James (May 1982 to September 1982)
    Law Clerk

   Barnes Richardson and Colburn, LLP (May 1983 to September 
        1983)
    Law Clerk

   Windels Marx Davies & Ives
    Partner (September 1990-January 1991)
    Member of the firm as a partner in the general corporate, 
        commercial and real estate groups.
    Associate Attorney (September 1984-September 1990)
    General corporate, commercial and real estate practice.

   New Jersey Economic Development Authority (January 1991 to 
        February 1992)
    Executive Director

   Windels Marx Lane & Mittendorf, LLP (February 1992 to 
        Present)
    Partner & Member of Executive Committee
    Member of the firm as a partner in the general corporate, 
        commercial and real estate groups.

    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.

   Chairman, Board of Directors, National Railroad Passenger 
        Corporation (AMTRAK) (2013 to present); Appointed a Director of 
        the Board in 2010 and reappointed in 2015

   Chairman, Board of Commissioners, Port Authority of New York 
        & New Jersey (April 2003-February 2011) (continued on Board of 
        Commissioners until June 2011)

   Vice Chairman, Gateway Program Development Corporation 
        Commission (February 2016 to July 2019)

   Vice Chair, Gateway Development Commission (July 2019 to 
        present)

   Member, New Jersey Restart and Recovery Commission (April 
        2020 to present)

    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.

   Partner & Member of Executive Committee, Windels Marx Lane & 
        Mittendorf, LLP (1992 to present)

   Member, Council of Trustees, New Jersey Performing Arts 
        Center (2006 to present)

   Trustee, New Jersey Community Development Corporation (2007 
        to present)

   Director, National Railroad Passenger Corporation (AMTRAK) 
        (June 2010 to present)

   Trustee, Regional Plan Association (June 2011 to present)

   Advisory Board Member, Advance Realty Investors (March 2015 
        to present; previously 1995-2006)

   Senior Advisor, Oaktree Transportation Infrastructure Fund, 
        L.P. (August 2018 to present)

   Director, OceanFirst Financial Corp. (January 2018 to 
        present)

   Director, OceanFirst Bank (January 2018 to present)

   Director, Neighborhood Property Group LLC (November 2020 to 
        present)

   Member, Georgetown University Board of Directors (July 2016 
        to present)

   Advisory Board Member, Georgetown University School of 
        Foreign Service (2011 to present)

   Director, Suez North America Inc., successor to United 
        Water, Inc. (December 2012-March 2022)

   Director, SUEZ SA (December 2020-March 2022)

   Director, Suez Utility Holdings Inc. (September 2019-March 
        2022)

   Director, Sun Bancorp Inc. (November 2010-January 2018)

   Director, Sun National Bank (April 2011-January 2018)

   Regent, Georgetown University Board of Regents (2007-2013)

   Director, Tutor Perini Corporation (September 2012-May 2013)

   Trustee, New Jersey Network (NJN) Foundation (2001-2011)

    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, New Jersey Alliance for Action (1998 to present)

   Member, National Association of Industrial and Office 
        Properties, NJ Chapter (2004 to present)

   Member, New Jersey Performing Arts Center Council of 
        Trustees (2006 to present)

   Director, New Jersey Community Development Corporation (2007 
        to present)

   Member, Partnership for New York City (2007 to present)

   Member, Economic Club of New York (2008 to present)

   Director, Regional Plan Association (2011 to present)

   Advisory Board Member, Georgetown University School of 
        Foreign Service (2011 to present)

   Member, Georgetown University Board of Directors (July 2016 
        to present)

   Member, Georgetown University Board of Regents (2007-2013)

   Trustee, New Jersey Network (NJN) Foundation (2001-2011)

    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.
    N/A
    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.

------------------------------------------------------------------------
         DATE              AMOUNT                   ENTITY
------------------------------------------------------------------------
 3/3/22               $2500  Congressman Donald Payne, Jr.
 2/16/22              $2900  Blumenthal Victory Fund
 4/20/21            $10,000  New Jersey Democratic Party
                                      (Federal)
 2/17/21              $2800  Friends of Schumer
 10/7/20              $2800  Defazio for Congress
 5/14/19              $2000  Cory 2020
 3/15/19             $2,000  Josh Gottheimer for Congress
 3/13/19             $1,000  Mark Kelly for Senate
 10/17/18            $2,700  Josh Gottheimer for Congress
 4/19/18             $2,600  Menendez for Senate
 10/27/16            $1,000  Sires for Congress
 7/29/16             $1,800  Josh Gottheimer for Congress
 4/13/16             $2,700  Hillary for America
 3/10/16             $2,700  Pascrell for Congress
 6/5/15              $2,700  Friends of Schumer
 6/30/14             $2,600  Cory Booker for Senate
 5/26/14               $650  Blumenthal for Connecticut
 5/2/14              $2,800  Menendez for Senate
 4/1/14                $500  Autumn Burke for Assembly 2014
 8/13/13             $2,500  Booker for Senate
 9/13/11             $2,500  Menendez for Senate
 3/15/11               $500  Quinn for NY
------------------------------------------------------------------------

    16. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements.
Recognition
   The Best Lawyers in America--Banking & Finance Law (2018-
        2022), Construction Law (2022), Real Estate Law (2022)

   City & State Responsible 100 (2018)

   NJBIZ 25 Legends (2012)

   NJBIZ Commercial Real Estate Power 50 (2011, 2014-2015, 
        2017, 2019-2021)

   NJBIZ Health Care Power 50 (2020)

   NJBIZ Law Power 50 (2019, 2021)

   NJBIZ Power 75: Real Estate (2016)

   NJBIZ Power 100 (2014-2022)

   NJBIZ Real Estate and Construction Power 50 (2013)

   NJ Chamber of Commerce Business Leadership Award (2017)

   Regional Plan Association's The John Zuccotti Award (2018)

   ROI-NJ Champions of the C-Suite, Recipient of the Inaugural 
        Chairman Champions Award (2020)

   ROI-NJ Influencers: Power 50 (2018-2022)

   ROI-NJ Real Estate Influencers (2017-2021)

   Super Lawyers, Recognized for Real Estate (2018-2021)

    17. Please list each book, article, column, Internet blog posting, 
or other publication you have authored, individually or with others. 
Include a link to each publication when possible. Also list any 
speeches that you have given on topics relevant to the position for 
which you have been nominated. Do not attach copies of these 
publications unless otherwise instructed.
    See Attachment A Summary of Speeches and Public Communications.
    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.
    N/A
    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.

   May 4, 2015--Provided oral testimony and written statement 
        before The United States Senate Committee on Commerce, Science 
        and Transportation, Field Hearing, Newark, NJ, regarding the 
        Gateway Project and the necessity for increased Federal capital 
        support. Hearing entitled, ``Passenger Rail Reauthorization: 
        The Future of the Northeast Corridor.''

   December 10, 2014--Provided oral testimony and written 
        statement before The United States Senate Committee on 
        Commerce, Science and Transportation, Subcommittee on Surface 
        Transportation and Merchant Marine Infrastructure, Safety, and 
        Security, Washington, DC, regarding future of passenger rail 
        and necessity for increased Federal capital support. Hearing 
        entitled, ``Passenger Rail: Investing in our Nation's Future.''

   November 18, 2009--Provided oral testimony and written 
        statement before The United States Senate Committee on 
        Commerce, Science and Transportation, Washington, DC, regarding 
        to my nomination to be a Director of the Amtrak Board of 
        Directors.

   October 4, 2007--Provided oral testimony and submitted 
        written statement for hearing on ``The SAFE Port Act: One Year 
        Later,'' The United States Senate Committee on Commerce, 
        Science and Transportation, Washington, DC.

    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 considerable public sector experience relating to the 
infrastructure and transportation industries generally and nearly two 
decades working with transit and intercity passenger rail providers. 
This includes service on the Amtrak Board since June 2010 and as Chair 
since March 2013. In addition, I have over 30 years of private sector 
experience in related areas, including real estate, finance and 
corporate governance and believe that this combination of experience at 
the intersection of the public and private sectors allowed me to make 
meaningful contributions to Amtrak and the advancement of the Nation's 
intercity passenger rail system.
    In short, I wish to serve on Amtrak's board of directors because a 
vibrant intercity rail system is critical to America's economic future, 
and I believe I have the requisite qualifications to help Amtrak 
achieve that goal.
    21. What do you believe are your responsibilities, if confirmed, to 
ensure that the department/agency has proper management and accounting 
controls, and what experience do you have in managing a large 
organization?
    If re-confirmed as an Amtrak board member, my responsibilities 
would include helping to establish Amtrak's strategy for growth and 
success, along with implementation of the recently enacted bipartisan 
infrastructure law. I will continue my efforts to strengthen Amtrak 
project and program management capabilities, management and accounting 
controls and collaboration efforts with key Amtrak partners and 
stakeholders, including state and commuter agencies, host railroads and 
the Department of Transportation. I will keep apprised of best 
practices relating to management, technology, strategy within the rail 
industry and advance incorporation of such controls by Amtrak. I will 
discharge these responsibilities through attendance at meetings of the 
Amtrak Board of Directors and regular interaction, consultation and 
dialogue with Amtrak executive staff.
    As Chairman of the Port Authority, I exercised broad policy 
oversight responsibility in connection with the agency's varied 
businesses and multi-billion dollar annual capital and operating 
budget. My role also included advancing the mission and promoting the 
objectives of the Port Authority to the general public. During my 
tenure, I spearheaded the adoption of the agency's 10-year capital 
plan. I also led the first major effort at the Port Authority in 26 
years to amend the agency's by-laws. The amended by-laws included a 
variety of measures intended to enhance the Port Authority's 
transparency and strengthen its management and accounting controls.
    I am also a Partner and Executive Committee member of Windels Marx 
Lane & Mittendorf, LLP, one of the New York region's oldest law firms. 
I am a member of the Film's Corporate & Securities, Financial 
Transactions and Real Estate Practice Groups. My practice focuses 
primarily on corporate, commercial and real estate matters, with a 
concentration on the financial elements of these transactions. I 
represent financial institutions, investors and major corporations on a 
broad variety of matters, including corporate and real estate finance 
transactions, asset restructure and recovery, regulatory compliance, 
mergers and acquisitions and general litigation. In addition, I 
regularly advise real estate developers, private equity firms, 
technology companies, not-for-profit organizations and utilities. I 
also have specific experience in the area of redevelopment finance and 
have worked extensively on corporate governance issues.
    From February 1992 to March 2003, I served as Chairman of the New 
Jersey Economic Development Authority (``NJEDA''), one of the largest 
state-sponsored development banks in the United States. The NJEDA, with 
more than $2 billion in assets and $14 billion in financing, is charged 
with strengthening the state's economic base and renewing communities 
through business expansion and attraction, job creation and retention 
and revitalization of underutilized properties.
    I have also served as a director and audit committee member of 
several public and closely held corporations in the financial services, 
investment banking, real estate and manufacturing sectors.
    22. What do you believe to be the top three challenges facing the 
department/agency, and why?
    The top three challenges are:

  1.  For decades, the top challenge for Amtrak is the lack of reliable 
        capital funding to replace and rehabilitate our aged assets. 
        However, now that the IIJA was enacted, Amtrak and our partners 
        will receive historic levels of Federal investment in passenger 
        rail to finally help address SOGR backlog as well as begin to 
        modernize our rail assets. The challenge is that we must 
        deliver these infrastructure projects in a prudent manner--on 
        time and on budget--for the American taxpayer. In addition, 
        while the IIJA is a critical down payment on improving these 
        aged assets, it is simply not sufficient to meet all of the 
        needs, both on the NEC and throughout our National Network. 
        With the funding now provided, plus continued annual 
        appropriations now authorized by Congress over the near term, 
        Amtrak can develop a long-term capital investment plan that 
        results in better, more comprehensive passenger rail service 
        throughout the country.

  2.  Persuading the public-at-large that travel by rail is a 
        meaningful alternative to driving or flying for short-or 
        middle-distance travel. With the exception of the Northeast 
        Corridor and limited areas in the South, Midwest and West Coast 
        where significant investments were made to develop a modem 
        system, intercity passenger rail in the United States currently 
        provides important but admittedly limited options to travelers 
        because of sparse frequencies, reliability challenges and 
        lengthy travel times. As a result, demand in such markets 
        suffers as travelers choose road or air, leading to congestion 
        on those intercity corridors. I believe that a vibrant 
        intercity rail system that can offer trip time competitive, 
        multi-frequency travel options creates viable new options for 
        mobility and help relieve congestion on the roads and in the 
        air, resulting in higher economic productivity, fewer 
        greenhouse gases, and greater economic opportunities for 
        currently underserved communities and individuals. With 
        enactment of the bipartisan infrastructure law, we can begin 
        addressing the key markets that deserve passenger rail service, 
        but to date are underserved or unserved completely.

  3.  Improving the planning, development and execution of Amtrak's new 
        vision, major projects and historic levels of funding. In order 
        to sustain the trust of the general public and Congress 
        following the enactment of the IIJA, Amtrak must develop the 
        capacity, expertise, and know-how to deliver new and expanded 
        services across the county in partnership with a wide variety 
        of stakeholders and counterparties. If re-confirmed, I will 
        continue to push Amtrak to improve its capabilities to serve 
        our partners and stakeholders, including the States and 
        commuter authorities that are essential to the Amtrak system, 
        and to strive to find solutions with our various host railroads 
        that permit Amtrak to grow and properly serve customers.

     Improving transparency and accountability of Amtrak's board and 
        management staff and improving the execution of the agency's 
        major projects. Amtrak already took significant steps in this 
        area and, if re-confirmed, I will continue to push Amtrak to 
        clearly state the results of our business, identify our 
        challenges, propose responsible solutions and communicate with 
        our partners and stakeholders, including the States and 
        commuter authorities essential to the Amtrak system.

     Equally, the company must demonstrate an ability to use taxpayer 
        funds wisely and efficiently. As Amtrak enters an era of 
        capital renewals and expansion, supported by the investments 
        that will be made by the IIJA, Amtrak must shift from an 
        organization preliminary focused on preservation and 
        maintenance of existing assets to one focused on delivering 
        major projects and expanding assets to accommodate growth. This 
        will require a renewed focus on project execution and 
        procurement processes and greater sophistication in Amtrak's 
        planning and project management capacity. If re-confirmed, I 
        will work with my fellow Board members to drive improvements in 
        all of these areas.
                   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 III of my Executive 
Branch Confidential Financial Disclosure Report (OGE Form 450). In 
connection with the nomination process, I have consulted with the 
Amtrak Chief Ethics Officer and General Counsel to identify potential 
conflicts of interest. Any potential conflicts of interest will be 
resolved in accordance with the Amtrak Board of Directors' Code of 
Business Conduct and Ethics which has been provided to this Committee. 
I am not aware of any other potential conflicts of interest.
    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.
    My arrangements are fully described in Part III of my Executive 
Branch Confidential Financial Disclosure Report (OGE Form 450). In 
connection with the nomination process, I have consulted with the 
Office of the Government Ethics and the Amtrak Chief Ethics Officer and 
General Counsel to identify potential conflicts of interest. Any 
potential conflicts of interest will be resolved in accordance with the 
Amtrak Board of Directors' Code of Business Conduct and Ethics and the 
terms of the Authority's Ethics Opinion Letter which has been provided 
to this Committee. I am not aware of any other potential conflicts of 
interest.
    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.
    My arrangements are fully described in Part III of my Executive 
Branch Confidential Financial Disclosure Report (OGE Form 450). In 
connection with the nomination process, I have consulted with the 
Office of the Government Ethics and the Amtrak Chief Ethics Officer and 
General Counsel to identify potential conflicts of interest. Any 
potential conflicts of interest will be resolved in accordance with the 
Amtrak Board of Directors' Code of Business Conduct and Ethics and the 
terms of the Authority's Ethics Opinion Letter which 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 consulted with the 
Office of Government Ethics and the AMTRAK Board of Directors' 
designated agency ethics official to identify any potential conflicts 
of interest. Any potential conflicts of interest will be resolved in 
accordance with the terms of an ethics agreement that I entered into 
with the Board's designated agency ethics official and that was 
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 consulted with the 
Office of Gove1nment Ethics and the Amtrak Board of Directors' 
designated agency ethics official to identify any potential conflicts 
of interest. Any potential conflicts of interest will be resolved in 
accordance with the terms of an ethics agreement that I entered into 
with the Board's designated agency ethics official and that was 
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 connection with my role as Chair, my activities have included 
offering support for the Amtrak appropriations and Legislative and 
Grants requests; support for modifications to the RRIF program for 
major infrastructure projects; support for developing a dedicated, 
multi-year source of funding for intercity passenger rail; coordination 
with the DOT on issues pertaining to various DOT-administered programs, 
grants and other funding applicable to Amtrak; coordination with DOT on 
major Amtrak procurements; support for various measures impacting 
intercity passenger rail including reauthorization of PRIIA; Surface 
Transportation bill; Grow America; support adoption of comprehensive 
port security legislation (pending); and support increased Federal 
funding of harbor deepening program. I have also argued in opposition 
to airport slot auctions and supported increased Federal funding of a 
Next Generation air traffic control system; increased Federal funding 
for rail security; and support a national infrastructure bank.
                            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.
    Since 1990, I have been a partner of Windels Marx Lane & 
Mittendorf, LLP a law firm of approximately 140 attorneys. While not an 
officer of the Firm, I am a member of its Executive Committee. WMLM is 
periodically a party to civil litigation in the ordinary course of its 
business.
    Defendant in a civil lawsuit filed against the Port Authority of 
New York and New Jersey on November 12, 2010. The lawsuit was a 442 
employment suit heard by the U.S. District Court Southern District of 
New York and the cause is listed as the Civil Rights Act 42USC 1983. 
The case is closed. [Case No: 1: 10cv8580]
    Defendant in a civil lawsuit filed against the Port Authority of 
New York and New Jersey on March 2, 2010. The lawsuit was a 442 
employment suit heard by the U.S. District Court District of New Jersey 
and the cause is listed as job discrimination 42 USC 2000e. The 
disposition of the case is not listed. [Case No: 2:10cvl 055]
    Defendant in official capacity as Chairman of the Board of 
Directors at the Port Authority of New York and New Jersey in a civil 
lawsuit filed against the state of New York on July 6, 2006. The 
lawsuit was a 440 civil rights suit heard by the Eastern District Court 
of New York and the cause is listed as the Civil Rights Act 42USC 1983. 
The case is closed. [Case No: 1:06cv3392]
    Defendant in New York County in a professional malpractice lawsuit 
brought by Consulting For Architects Inc., filed on March 2, 1995.
    Defendants in the lawsuit include me, Stephen C Green, and law firm 
Windels Marx Davies & Ives. [Index No: 10517895]
    Yes, as far as administrative agency proceedings and civil 
litigation--and no, as far as any criminal proceeding against Amtrak in 
the period of my service on the Amtrak Board of Directors.
    Occasionally, oversight from Federal agencies, such as the Federal 
Railroad Administration, the National Transportation Safety Board, and 
the Department of Transportation Office of Inspector General results in 
the performance of an investigation of Amtrak's operations.
    Regarding Civil Litigation and other proceedings, Amtrak is the 
defendant or respondent in various personal injury, employment, 
contract, intellectual property, environmental claims/cases, arising in 
the ordinary course of the Corporation's business and operations. 
Additionally, Amtrak occasionally asserts rights as the plaintiff or 
other proponent in various contract, insurance and environmental 
recovery and other Amtrak rights-affirming claims and cases, as well as 
matters before the Surface Transportation Board and Federal courts to 
advance Amtrak's rights and interests under statute and contract, with 
respect to the Corporation's Congressionally-mandated mission.
    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.
                                 ______
                                 
                              Attachment A
    Summary of Prior Speeches and Public Communications in Response to 
Question 17
Speeches
   6/28/21 New York Penn Station Tour with Senator Schumer and 
        United States Secretary of Transportation Peter Buttigieg

   4/29/21 Amtrak 50th Anniversary Media Call

   RPA event April 2021

   1/1/21 Moynihan Event--(Attended, didn't speak, drafted 
        remarks)

   11/23/20 Amtrak Year End Summary Media Call

   4/23/20 Amtrak Covid Media Conference Call

   11/8/19 Amtrak Year End Summary Media Call

   10/15/19 Amtrak Power in Partnership NBK

   2/13/19 Amtrak Power in Partnership NYP

   3/15/19--NAIOP NJ Public Policy Symposium, Speaker

   4/17/18--Regional Plan Assembly, John Zuccotti Award Remarks

   9/12/17--Association for a Better New York--Discussion on 
        the Summer 2017 Penn Station infrastructure progress and 
        additional improvements planned, as well as an update on the 
        Gateway Program, Speaker

   5/2/16--Crain's Real Estate Conference--Panel Discussion on 
        ``Taking the Measure of Penn Station and the Cuomo 
        Administration's Plans for It''

   5/7/15--Port Authority/Regional Plan Association Trans-
        Hudson Conference, Speaker

   4/24/15--Regional Plan Association, The RPA Assembly, 
        Plenary Debate

   10/23/14--Urban Land Institute, Fall Meeting, 
        ``Transformative Projects: New York Style,'' Panelist

   9/30/14--New Jersey Chamber of Commerce, Roundtable on 
        Transportation, Speaker

   5/12/14--Newark Regional Business Partnership, 
        Transportation Leadership Awards, Keynote Speaker

   11/18/13--Governing/United Water Inc., Roundtable: 
        Transformative Water Management, Speaker

   9/9/13--New Jersey Alliance for Action, Annual 
        Transportation Conference, Speaker

   6/4/13--Governing/United Water Inc., Transformative Water 
        Management Roundtable, Speaker

   7/11/12--(Amtrak) Congress Opening & Political Speeches, UIC 
        8TH WORLD CONGRESS ON HIGH SPEED RAIL, Speaker

   6/13/12--Regional Plan Association, Trans County Capacity 
        Gateway Program, ``Crossing the Hudson: What's Next for 
        Enhancing Trans-Hudson Capacity?'' Closing Remarks, Speaker

   5/23/12--New Jersey Alliance for Action, Transp01iation 
        Conference, Speaker

   5/8/12--Amtrak, 5th Annual National Train Day Event at 
        Moynihan Station, Speaker

   4/7/12--Regional Plan Association, 2012 Assembly, Expert 
        panelist on transportation.--Closing Remarks, comments reported 
        in The Star-Ledger: ``Hudson River rail tunnel project has new 
        name, but same concerns over funding.''

   11/1/11--Regional Plan Association and the Carnegie 
        Endowment for International Peace, ``Road to Recovery: 
        Transforming America's Transportation,'' Panel Discussion, 
        Speaker

   7/19/11--Crain's New York, 4th Annual ``The Future of New 
        York City 2011: Meeting the Growth Challenge'', ``Can the City 
        Afford World Class Infrastructure?'' Panel, Moderator

   6/2/11--ULI Infrastructure Conference, Regional 
        Infrastructure 2011: A Strategic Priority Panel, Panelist

   5/10/11--NJ Biz, Gateway to International Trade event, 
        Welcoming Remarks

   5/4/11--Catholic Finance Association, Implications and 
        Solutions for a Growing Public Debt, Panelist

   4/15/11--Regional Plan Association, 21st Annual Regional 
        Assembly Luncheon--Finance Innovation Workshop, Panelist

   Spring 2011--The Institute for Real Estate Studies (IRES), 
        Spring 2011 Board Meeting, Keynote Speaker, http://
        www.smeal.psu.edu/ires/realestate/news/spring-2011/institute-
        for-real estate-studies-spring-board-meeting

   1/20/11--CG-LA Infrastructure, Annual Global Strategic 
        Infrastructure Leadership Forum, Speaker

   9/15/10--Partnership for New York City, Next Gen Briefing, 
        Speaker

   4/13/09--New Jersey Alliance for Action, Annual Governor's 
        Transportation Conference, Speaker

   3/6/09--Princeton University Woodrow Wilson School of 
        Government, ``Transportation & Infrastructure Issues for the 
        Next Decade,'' Speaker

   11/7/08--Saint Peter's College, Board of Regents 37th Annual 
        Business Symposium, ``Leadership and Accountability in 
        Challenging Times,'' Speaker

   4/15/08--Crain's New York, Business Breakfast Forum, Speaker

   4/2/08--National Association of Industrial Office Parks, 
        Industrial Conference, Speaker

   5/17/07--New Jersey Institute of Technology, Commencement, 
        Speaker

   6/13/06--Crain's New York, Business Breakfast, Speaker

   5/10/06--New Jersey Alliance for Action, Speaker

   9/15/05--Urban Land Institute, Speaker
News Releases/Statements
   5/2022:
     Renominated to third term on Amtrak board of directors

   4/2022:
     At last, commuters will see construction of a new 
            Portal Bridge from their train windows
     Board Chair Tony Coscia and President & CEO Stephen 
            Gardner filmed content about the future of rail at Moynihan 
            Train Hall with PBS (not yet aired)

    2/2022:
   Amtrak Board Chair Tony Coscia was ranked No. 1 in this 
        year's NJ Biz Power 100

   1/2022:
     Lamont Talks High-speed Rail with Amtrak Officials, No 
            Word on Bypass Plans
     Spoke with Bloomberg, along with President and CEO 
            Stephen Gardner and EVP Laura Mason for an article around 
            Governor Hochul's plans for Penn Station and Amtrak's 
            perspective on the project

   12/2021:
     The Jersey guy behind Amtrak's coming rebirth | Moran
     MTA and Amtrak reach deal to expand transit options
     Hudson River rail tunnel gets green light from the 
            feds to start building it
     Amtrak Announces Bill Flynn to Retire and Names 
            Stephen Gardner as New President and CEO
     Amtrak Fiscal Year 2021: Amidst Continuing Coronavirus 
            Pandemic, Grew Ridership and Revenue and Introduced New 
            Projects and Initiatives for the Future

   11/2021:
     On President Biden signing the Bipartisan 
            Infrastructure Deal
     On the Infrastructure Investment and Jobs Act House 
            Passage
     Amtrak Board Chair Tony Coscia was ranked No. 1 in 
            this year's NJ Biz Commercial Real Estate Power 50
     A delayed transportation infrastructure project moves 
            forward in the Northeast Corridor (filmed earlier in the 
            year)

   11/15/21: Statement from Amtrak Board Chair Tony Coscia on 
        President Biden signing the Bipartisan Infrastructure Deal

   11/5/21: Amtrak Statements on the Infrastructure Investment 
        and Jobs Act House Passage

   8/27/21: New Financial Plan Should Qualify Hudson Tunnel 
        Project for Improved Rating

   8/10/21: Statement from Amtrak Board Chair Tony Coscia on 
        Infrastructure Bill Senate Passage

   4/30/21: Amtrak at 50: Looking to the Future

   1/21/21: Amtrak Statement by Board Chairman Tony Coscia on 
        the Nomination of Amit Bose as Deputy Administrator of the 
        Federal Railroad Administration

   1/18/21: Amtrak Statement by Board Chairman Tony Coscia on 
        the Nomination of Polly Trottenberg as Deputy Secretary of 
        Transportation

   12/30/20: Amtrak Expands its Presence in New York City with 
        the Addition of the Moynihan Train Hall

   12/15/20: Amtrak Statement by Board Chair Tony Coscia on the 
        Nomination of Pete Buttigieg as USDOT Secretary

   11/23/20: Amtrak Fiscal Year 2020: Prioritized Customer 
        Safety, Advanced Infrastructure and Fast-Tracked Technology

   11/20/20: Amtrak and NJ TRANSIT Complete the Refresh of the 
        Ticketed Waiting Area at New York Penn Station

   10/28/20: Amtrak Statement by Board Chair Tony Coscia on the 
        Opening of Moynihan Train Hall

   7/24/20: Amtrak and NJ TRANSIT Open First Phase of the 
        Refreshed Ticketed Waiting Area at New York Penn Station

   3/2/20: Amtrak Names William Flynn as CEO and President

   11/8/19: Improved Safety and Customer Experience Drive 
        Record Amtrak Ridership

   10/15/19: Governor Murphy, Amtrak and NJ TRANSIT Continue 
        Collaboration Through Fall Construction Program at Four 
        Stations

   5/14/19: Amtrak and NJ TRANSIT Continue Partnership with $31 
        Million Northeast Corridor Infrastructure Investment

   5/1/19: Amtrak Celebrates 48 Years; Looks to the Future

   3/7/19: Statement from Amtrak Board Chair Tony Coscia and 
        Amtrak President & CEO Richard Anderson

   2/13/19: Governor Murphy, Amtrak and NJ TRANSIT Announce 
        Financial Settlement, Enhancements for Commuters In and Out of 
        New York Penn Station

   2/1/19: Amtrak Board Names Kevin Winters Inspector General

   11/16/18: Amtrak Sets Revenue And Earnings Records Delivers 
        Best Operating Performance in Company History

   3/21/18: Amtrak To Name Rochester Station In Honor of 
        Congresswoman Louise M. Slaughter

   12/14/17: Wick Moorman To Step Down As Amtrak Co-CEO, Assume 
        Role of Senior Advisor

   11/16/17: Amtrak Sets Ridership, Revenue And Earnings 
        Records

   6/26/17: Amtrak Names Transportation Veteran Richard 
        Anderson President and CEO

   11/17/16: Amtrak Delivers Strong FY 2016 Financial Results

   1/31/17: Amtrak Welcomes Aboard U.S. Secretary of 
        Transportation Elaine Chao

   10/14/16: Secretary Foxx, Sens. Schumer, Gillibrand, 
        Menendez & Booker, Chairman Coscia Announce Major Development 
        For Urgently-Needed Gateway Program

   8/26/16: Amtrak Invests $2.4 Billion For Next-Gen High-Speed 
        Trainsets and Infrastructure Upgrades

   8/19/16: Amtrak Names Indust1y Veteran Wick Moorman 
        President and Chief Executive Officer

   12/16/15: Statement from Amtrak Board of Directors Chairman 
        Tony Coscia

   12/10/14: Amtrak: Unlock Passenger Rail's Potential

   11/25/14: Amtrak Delivers Strong FY2014 Financial Results

   10/27/14: Amtrak Ridership and Revenues Continue Strong 
        Growth in FY 2014

   3/18/13: Antony R. Coscia Elected Chairman, Amtrak Board of 
        Directors

   5/30/13: Statement From Amtrak Board of Directors Chairman 
        Tony Coscia ON Funding Announcement To Preserve Hudson Future 
        Rail Tunnel Right-of-Way
Op-Eds
   3/2/22: Op-ed featured on NJ.com/The Star-Ledger

   8/19/21, WSJ: Amtrak Defends Its Vision of U.S. Rail Service

   7/11/21, NJ.com: Amtrak chairman: Don't let this moment 
        pass. It's time to build Gateway. | Opinion

   7/7/2020, International Business Times: How To Get Back on 
        Track After COVID-19

   9/22/20, The Star Ledger (Newark, NJ): Amtrak Says It Must 
        Repair Its Crumbling Storm Ravaged Hudson River Train Tunnel

   11/13/20, The Hill: Passenger rail investment offers non-
        stop service to a prosperous economy

   11/23/20, Railway Age: Defining Amtrak's True Mission
     Also featured on Rail Journal
Videos
   5/21: Amtrak 50th Anniversary Video

   4/26/21: Day on the Hill 2021 Keynote Speaker

   10/17/19: Governor Murphy, Amtrak, and NJ TRANSIT Announce 
        Fall 2019 Construction Program at Four Stations
                                 ______
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 

    The Chair. Thank you very much. Mr. Koos, welcome. Thank 
you very much. Is that right, Koos?
    Mr. Koos. Koos. That is it.
    The Chair. Thank you.

STATEMENT OF CHRISTOPHER KOOS, NOMINEE TO BE A DIRECTOR, AMTRAK 
                       BOARD OF DIRECTORS

    Mr. Koos. Chairman Cantwell, Ranking Member Wicker, and 
members of this committee, thank you for the opportunity to 
testify before you today. I am Chris Koos, the Mayor of Normal, 
Illinois.
    I am deeply honored to be nominated to serve on Amtrak's 
Board of Directors, to which I bring my experience as a Mayor, 
small business owner, Vice Chair for Passenger Rail of the U.S. 
Conference of Mayors, and a frequent Amtrak customer.
    Normal, the home of Illinois State University, is adjacent 
to the City of Bloomington and roughly midway between Chicago 
and Saint Louis.
    Amtrak's multimodal Bloomington Normal Station known as 
Uptown Station, is in Uptown Normal and is served by two Amtrak 
routes, the Texas Eagle, a long distance route from Chicago to 
Saint Louis and San Antonio, and the Lincoln Service, a State 
supported route between Chicago and Saint Louis.
    As Mayor of Normal, for 19 years I have seen firsthand the 
positive impact of expanding and improving Amtrak service. When 
I became Mayor, Amtrak's Bloomington Normal Station had less 
than 75,000 passengers a year.
    In 2010, Normal was awarded one of the first Tiger grants 
to replace its small, unattractive Amtrak track station, which 
we referred to as Am-shack, with Uptown Station. Uptown Station 
was completed just 2 years later on time and within budget, 
thanks to a successful partnership among all levels of 
Government, local contractors, and unions.
    Its construction created hundreds of good paying jobs, and 
the project received a LEED Silver certification for its 
environmentally responsible construction and design. In 
addition to Amtrak, Uptown Station includes spaces for public 
transit, regional busses, and town offices. It is adjacent to 
Constitution Trail, a bicycle and pedestrian trail that you--
transverses the community.
    The station has been an incredible success. It is the 
busiest Amtrak station in Illinois after Chicago Union Station. 
Ridership has more than tripled since I became Mayor to nearly 
230,000 a year in pre-pandemic 2019. Private spin off 
development spurred by Uptown Station, including housing, 
totaled $175 million.
    Today's Uptown Station is the anchor of a vibrant, mixed 
use downtown that includes a children's museum, two hotels, a 
conference center, and attractive public places, all easily 
accessible to residents of Chicago and Saint Louis and many 
other places served by Amtrak. The key to our success is 
partnership and engagement by all levels of Government, the 
private sector, the community, and all those who recognize the 
benefits that supporting and investing in passenger rail could 
provide.
    As a member of Amtrak's Board, I will work to develop 
positive, unified relationships among all intercity passenger 
rail stakeholders, like those that led to Uptown Station's 
success. There are hundreds of cities and towns throughout the 
United States, including many not served by Amtrak today, that 
could and should experience the mobility and community 
development benefits of passenger rail investment that the 
normal residents enjoy.
    The Infrastructure Investments and Jobs Act provide for the 
first time multi-year Federal funding that should attract State 
and local and private sector investment. I hope it will set a 
stage for establishing an identified, sustainable, long term 
funding source for intercity passenger rail like those for 
other forms of passenger transportation.
    As much as I admire Amtrak, I recognize its need for 
improvement. There are several things that I will focus on as a 
member of the Board, if confirmed. One of them is long distance 
service.
    I know how important Amtrak's long distance trains are to 
residents of Normal who lack sufficient airport access, as well 
as other travelers from rural communities I have met on the 
Texas Eagle, for instance, many of them who use the train for 
short distance trips because no other public transportation 
option is available.
    Often overlooked is the fact that the long distance trains 
also provide a significant portion of Amtrak service on many 
short distance corridors. Amtrak also plays a major role in the 
mobility and independence of the disability community, all of 
whom should experience accessible and reliable service when 
they travel by Amtrak.
    Amtrak needs to go above and beyond the bare minimum for 
passengers with disabilities by purchasing rolling stock that 
better suits their needs and upgrading transportation 
infrastructure.
    Amtrak's on time performance must significantly improve, 
and freight rail companies must be held accountable for meeting 
agreed upon timetables. I am also intent on making Amtrak a 
safer system. Grade separation and railroad right of way 
improvements that create safer conditions in Normal should be 
applied--replicated in other Amtrak communities.
    And the 42 year old long--I am sorry, as the 42 year old 
long owner of two small retail businesses, I am very focused on 
improving the customer experience. I hope to have the 
opportunity to work closely with the members and staff of this 
committee and all Amtrak stakeholders to create a larger, more 
effective, and even safer passenger rail system, and I am happy 
to answer any questions you may have.
    [The prepared statement and biographical information of Mr. 
Koos follow:]

   Prepared Statement of Christopher Koos, Nominee to be a Director, 
                       Amtrak Board of Directors
    Chair Cantwell, Ranking Member Wicker, and members of the 
Committee, thank you for the opportunity to testify before you today. I 
am Chris Koos, the Mayor of Normal, Illinois. I am deeply honored to be 
nominated to serve on Amtrak's Board of Directors, to which I bring my 
experience as a mayor, small business owner, Vice Chair for Passenger 
Rail of the U.S. Conference of Mayors, and frequent Amtrak customer.
    Normal, the home of Illinois State University, is adjacent to the 
City of Bloomington and roughly midway between Chicago and St. Louis. 
Amtrak's multimodal Bloomington-Normal station, known as Uptown 
Station, is in downtown Normal, and is served by two Amtrak routes: the 
Texas Eagle, a long-distance route from Chicago to St. Louis and San 
Antonio, and the Lincoln Service, a state-supported route between 
Chicago and St. Louis.
    As Mayor of Normal for 19 years, I have seen firsthand the positive 
impact of expanding and improving Amtrak service. When I became mayor, 
Amtrak's Bloomington-Normal station had less than 75,000 passengers a 
year. In 2010, Normal was awarded one of the first TIGER grants to 
replace its small, unattractive Amtrak station with Uptown Station. 
Uptown Station was completed just two years later, on time and within 
budget, thanks to a successful partnership among all levels of 
government, local contractors, and unions. Its construction created 
hundreds of good-paying jobs, and the project received a LEED Silver 
certification for its environmentally responsible construction and 
design.
    In addition to Amtrak, Uptown Station includes space for public 
transit, regional buses, and Town offices. It is adjacent to the 
Constitution Trail, a bicycle and pedestrian trail that traverses 
Normal and Bloomington.
    Uptown Station is an incredible success. It is the busiest Amtrak 
station in Illinois after Chicago Union Station. Ridership more than 
tripled since I became mayor, to nearly 230,000 a year in pre-pandemic 
2019. Private spinoff development spurred by Uptown Station, including 
new housing, totaled $175 million.
    Today, Uptown Station is the anchor of a vibrant, mixed-use 
downtown that includes a Children's Discovery Museum, two hotels, a 
conference center, and attractive public spaces--all easily accessible 
to residents of Chicago, St. Louis, and many other places served by 
Amtrak.
    The key to its success is partnership and engagement by all levels 
of government, the private sector, and the community, who all 
recognized the benefits that supporting and investing in passenger rail 
could provide.
    As a member of Amtrak's Board, I will work to develop positive, 
unified relationships among all intercity passenger rail stakeholders, 
like those that led to Uptown Station's success. There are hundreds of 
cities and towns throughout the United States, including many not 
served by Amtrak today, that could and should experience the mobility 
and community development benefits of passenger rail investment that 
Normal's residents enjoy. The Infrastructure Investment and Jobs Act 
provides, for the first time, multi-year Federal funding that should 
attract state, local, and private sector investment. I hope it will set 
the stage for establishing an identified, sustainable long-term funding 
source for intercity passenger rail, like those for other forms of 
passenger transportation.
    As much as I admire Amtrak, I recognize its need for improvement. 
There are several things I will focus on as a member of the Board, if 
confirmed. One of them is long-distance service. I know how important 
Amtrak's long-distance trains are to residents of Normal who lack 
sufficient airport access, as well as other travelers from rural 
communities I've met on the Texas Eagle, many of whom use the train for 
short distance trips because no other public transportation option is 
available. Often overlooked is the fact that long-distance trains also 
provide a significant portion of Amtrak's service on many short 
distance corridors.
    Amtrak also plays a major role in the mobility and independence of 
the disability community, all of whom should experience accessible and 
reliable service whenever they travel by Amtrak.
    Amtrak needs to go above and beyond the bare minimum for passengers 
with disabilities by purchasing rolling stock that better suits their 
needs and upgrading station infrastructure.
    Amtrak's on-time-performance must be significantly improved, and 
freight rail companies must be held accountable for meeting agreed-upon 
timetables. I am also intent on making Amtrak a safer system: grade-
separation and railroad right-of-way improvements that created safer 
conditions in Normal should be replicated in other communities Amtrak 
serves. And as the 42-year long owner of two small retail businesses 
I'm very focused on improving customer service.
    I hope to have the opportunity to work closely with the Members and 
staff of this Committee and all Amtrak stakeholders to create a larger, 
more effective, and even safer passenger rail system. I'm happy to 
answer any questions you may have.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used):

        Christopher C. Koos
        Chris Koos

    2. Position to which nominated: Director of the Amtrak Board of 
Directors.
    3. Date of Nomination: 4/29/2022.
    4. Address (List current place of residence and office addresses):

        Residence: Information not released to the public.

        Office: 206 South Linden Street, Normal, IL 61761.
        11 Uptown Circle, Normal, IL 61761--Mayor, City Hall address

    5. Date and Place of Birth: 07/06/1948, Bloomington, IL
    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).

        N/A
        Josh Favus (52)

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

        No degree, Illinois State University, 1972

    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.

        Owner--Draisine Limited, 2 retail sporting goods stores
        Mayor--Town of Normal, Illinois

    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.

        Mayor--Town of Normal, Illinois

    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.
    N/A
    12. Please list each membership you have had during the past ten 
years or currently hold with any civic, social, charitable, 
educational, political, professional, frate1nal, 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.

        Illinois Municipal League--Board Member (2016 to present)
        US Conference of Mayors--Vice Chair of Membership (2014 to 
        present)

    13. Have you ever been a candidate for and/or held a public office 
(elected, non elected, or appointed)? If so, indicate whether any 
campaign has any outstanding debt, the amount, and whether you are 
personally liable for that debt.

        Mayor--Town of Normal, Illinois, elected, no outstanding 
        campaign debt

    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.
    N/A
    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.

        2021 Senator Richard Durbin--$250.00
        2021 Responsible Cities PAC--$500.00

    16. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements.
    N/A
    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.
    N/A
    18. List digital platforms (including social media and other 
digital content sites) on which you currently or have formerly operated 
an account, regardless of whether or not the account was held in your 
name or an alias. Include the name of an ``alias'' or ``handle'' you 
have used on each of the named platforms.
    Indicate whether the account is active, deleted, or dormant. 
Include a link to each account if possible.

        Active: https://www.linkedin.com/in/chris-koos-45463a50

        Active: https://www.instagram.com/chriskoos/?hl=en

        Active: https://www.facebook.com/chris.koos.5/

        Active: https://www.facebook.com/mayorchriskoos

        Deleted: https://www.facebook.com/votemayorkoos/

    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.

        July 14, 2016, House Committee on Oversight and Government 
        Reform, Subcommittee on Transportation and Public Assets held a 
        hearing entitled ``Lagging Behind: The State of High Speed Rail 
        in the United States.''

    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?
    As Mayor, I assisted with the construction of a multimodal 
transportation center as part of a Transit Oriented Development of our 
central business district. This project took a significant coordination 
at the local, state, and Federal level.
    Given current funding opportunities, I wish to serve in this 
position to work towards engaging in significantly needed 
infrastructure upgrades (especially the Northeast corridor) as well 
working with the preliminary plans to expand service to major cities 
either not served or underserved by Amtrak.
    21. What do you believe are your responsibilities, if confirmed, to 
ensure that the department/agency has proper management and accounting 
controls, and what experience do you have in managing a large 
organization?
    If confirmed, I want to make sure my vision for the rail service 
aligns with those of fellow board members. If confirmed, I will bring 
to the table 44 years of retail experience as a business owner and 19 
years of leadership experience as Mayor of a town with a population of 
over 50,000 residents.
    22. What do you believe to be the top three challenges facing the 
department/agency, and why?

        Funding--Amtrak has been given significant funding to broaden 
        and strengthen the national system. Managing and budgeting 
        these dollars will require significant effort and oversight.

        Personnel--As most organizations, Amtrak will likely struggle 
        to return to pre COVID employment levels. In addition, with 
        expanded funding, more people will be needed to effectively 
        implement an expanded Amtrak.

        Ridership--On time performance continues to be a problem. It is 
        difficult to accommodate the business traveler without reliable 
        and dependable performance. Also, the customer experience must 
        improve, be it newer coaches, better meal options and 
        amenities.
                   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 III of my Executive 
Branch Confidential Financial Disclosure Report (OGE Form 450). In 
connection with the nomination process, I have consulted with the 
designated Amtrak ethics representative to identify potential conflicts 
of interest. Any potential conflicts of interest will be resolved in 
accordance with the Amtrak Board of Directors' Code of Business Conduct 
and Ethics and the terms of Amtrak's Ethics Opinion Letter which has 
been provided to this Committee. I am not aware of any other potential 
conflicts of interest.
    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.
    Yes. My arrangements are fully described in Part III of my 
Executive Branch Confidential Financial Disclosure Report (OGE Fonn 
450). In connection with the nomination process, I have consulted with 
the designated Amtrak ethics representative to identify potential 
conflicts of interest. Any potential conflicts of interest will be 
resolved in accordance with the Amtrak Board of Directors' Code of 
Business Conduct and Ethics and the terms of Amtrak's Ethics Opinion 
Letter which has been provided to this Committee. I am not aware of any 
other potential conflicts of interest.
    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 designated Amtrak ethics representative to identify potential 
conflicts of interest. Any potential conflicts of interest will be 
resolved in accordance with the Amtrak Board of Directors' Code of 
Business Conduct and Ethics and the terms of Amtrak's Ethics Opinion 
Letter which 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 designated Amtrak ethics representative to identify potential 
conflicts of interest. Any potential conflicts of interest will be 
resolved in accordance with the Amtrak Board of Directors' Code of 
Business Conduct and Ethics and the terms of Amtrak's Ethics Opinion 
Letter which 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 designated Amtrak ethics representative to identify potential 
conflicts of interest. Any potential conflicts of interest will be 
resolved in accordance with the Amtrak Board of Directors' Code of 
Business Conduct and Ethics and the terms of Amtrak's Ethics Opinion 
Letter which has been provided to this Committee. I am not aware of any 
other potential conflicts of interest.
    6. Describe any activity during the past ten years, including the 
names of clients represented, in which you have been engaged for the 
purpose of directly or indirectly influencing the passage, defeat, or 
modification of any legislation or affecting the administration and 
execution of law or public policy. None.
                            c. legal matters
    1. Have you ever been disciplined or cited for a breach of ethics, 
professional misconduct, or retaliation by, or been the subject of a 
complaint to, any court, administrative agency, the Office of Special 
Counsel, professional association, disciplinary committee, or other 
professional group? No.
    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.
    Personal Lawsuit filed against me as mayor regarding a real estate 
transaction--dismissed. An LLC in a failed attempt to get a zoning 
change on a property sued the Town of Normal Illinois and me personally 
as mayor. The suit was dismissed in Federal Court.
    Lawsuit as mayor/liquor commissioner, tortuous interference. As 
Liquor Commissioner for the Town of Normal, Illinois, I would not issue 
a liquor license to the buyer of an existing store until the contract 
for sale was executed. The contract was not executed by a drop-dead 
date between the parties. The lawsuit was dismissed in Circuit Court.
    Two suits against the Sub S Corporation, which I own and operate in 
the late 1980s, for personal injury liability. These were lawsuits in 
which I and my business were named as were promoters and sponsors of 
these bike races. These suits were dismissed in Circuit Court.
    4. Have you ever been convicted (including pleas of guilty or nolo 
contendere) of any criminal violation other than a minor traffic 
offense? No.
    5. Have you ever been accused, formally or informally, of sexual 
harassment or discrimination on the basis of sex, race, religion, or 
any other basis? 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.
                                 ______
                                 
                                 
                                 

    The Chair. Thank you. Mr. Lathem, welcome. Congratulations 
on your nomination.

STATEMENT OF SAMUEL E. LATHEM, NOMINEE TO BE A DIRECTOR, AMTRAK 
                       BOARD OF DIRECTORS

    Mr. Lathem. Chairman Cantwell, Ranking Member Wicker, and 
other members of the Committee, my name is Samuel E. Lathem, 
the E for Elijah, and I appreciate the opportunity to appear 
before you today. Let me tell you a little about my background. 
I began working at the Chrysler plant in Newark, Delaware, in 
1965.
    I served in numerous leadership positions as a member of 
the United Auto Workers, and with the AFL-CIO. Culminating in 
my election as President of the Delaware State AFL-CIO in 2003. 
As you noted, as the first African American elected to that 
post. Also served as Administrator for the UAW Chrysler 
Training Center at the North plant. I have decades experience 
as a Board member of Governmental and quasi-Governmental 
entities since 2001.
    I have been a Commissioner of the Delaware River Bay 
Authority, or DRBA, and currently serve as Vice Chairman. The 
DRBA is a bi-state, quasi-Governmental operation, operates the 
Delaware Memorial Bridge, three airports, and the Cape May 
Lewes Ferry.
    I am also a former Board member of the Diamond State Port 
Corporation, a corporate entity of the State of Delaware to 
operate the Port of Wilmington. Like Amtrak, DRBA and Diamond 
State are Governmentally accredited entities with a public 
mission that engage in commercial transportation activities 
that generate much of their funding.
    The Cape May Lewes Ferry carries over 700,000 passengers a 
year, and it is an essential service for many of his 
passengers. My involvement with public transportation through 
the ferry is one of the things that made me interested in 
serving on this Amtrak Board. I have extensive experience in 
the nonprofit sector, as a Board member of numerous charitable, 
educational, labor, and citizen organizations.
    These organizations include Junior Achievement, the 
Metropolitan Wilmington Urban League, the United Way of 
Delaware, and my proudest,4-H Foundation Committee. I formally 
chaired the Delaware Advisory Council on Career and 
Vocational--I am sorry, they changed it from Vocational, 
Technical Education.
    I am also an ordained Baptist preacher and serve as 
Associate Minister at Cornerstone Fellowship Baptist Church in 
Wilmington. Honorary past Grand Master, Prince Hall, large 
State and jurisdiction of Delaware. I know how important Amtrak 
is not just to travelers, but to the communities where its 
employees work and live throughout the country.
    I live in Bear, Delaware, where one of Amtrak's three major 
equipment maintenance facilities is located. Amtrak service in 
rural areas is of particular interest to me. This may surprise 
some people, but outside of the Wilmington area, Delaware is 
predominantly a rural State.
    From my involvement in statewide organizations, I know many 
people who live in rural parts of Delaware who do not have 
access to Amtrak or other public transportation services they 
want and need. From my experience in transportation and labor 
organizations, and many years of service on a wide variety of 
Boards, I would bring a unique perspective to Amtrak's Board, 
if confirmed.
    I am very familiar with the challenges faced by 
organizations like Amtrak that require both a public mission 
and engagement in commercial business activities, while 
simultaneously being accountable to elected and Governmental 
officials.
    As a union official and a Board member of organizations 
with agreement covered work forces, I have worked on both sides 
of labor management issues. 21 years of service on a bi-state 
Board gives me experience in dealing with multiple Governmental 
jurisdictions that sometimes support different objectives.
    I have learned how to work with people with different views 
and perspectives, and the importance of seeking compromise that 
produce a win-win for both sides. I believe my experience in 
vocational education and training is particularly relevant 
because Amtrak's biggest challenges will be finding and 
training large numbers of workers to construct projects funded 
by last year's infrastructure bill.
    I am interested in looking into Amtrak's current efforts to 
recruit from historically black colleges and universities, 
something I know the Ranking Member and others this committee 
care about deeply. I thank you for your time, and if confirmed, 
look forward to serving on Amtrak's Board. Thank you, Madam 
Chairman.
    [The prepared statement and biographical information of Mr. 
Lathem follow:]

   Prepared Statement of Samuel E. Lathem, Nominee to be a Director, 
                       Amtrak Board of Directors
    Good morning, Chair Cantwell, Ranking Member Wicker, and other 
members of the Committee. My name is Samuel E. Lathem, and I appreciate 
the opportunity to appear before you today.
    Let me tell you about my background. I began working at the 
Chrysler Plant in Newark, Delaware in 1965. I served in numerous 
leadership positions as a member of the United Auto Workers (UAW) and 
with the AFL-CIO, culminating in my election as President of the 
Delaware State AFL-CIO in 2003. I also served as Administrator of the 
UAW-Chrysler Training Center at the Newark Plant.
    I have decades of experience as a Board member of governmental and 
quasi-governmental entities. Since 2001, I have been a Commissioner of 
the Delaware River Bay Authority, or DRBA, and currently serve as Vice 
Chair. The DRBA, a bi-state quasi-governmental corporation, operates 
the Delaware Memorial Bridge, three airports, and the Cape May-Lewes 
Ferry. I am also a former Board member of the Diamond State Port 
Corporation, a corporate entity of the State of Delaware that operates 
the Port of Wilmington.
    Like Amtrak, DRBA and Diamond State are governmentally created 
entities with a public mission that engage in commercial transportation 
activities that generate much of their funding. The Cape May-Lewes 
Ferry carries over 700,000 passengers a year and is an essential 
service for many of its passengers. My involvement with public 
transportation through the Ferry is one of the things that made me 
interested in serving on Amtrak's Board.
    I have extensive experience in the non-profit sector as a Board 
member for numerous charitable, educational, labor, and citizen 
organizations. These organizations include Junior Achievement, the 
Metropolitan Wilmington Urban League, the United Way of Delaware, and 
the 4-H Foundation Committee. I formerly chaired the Delaware Advisory 
Council on Career and Vocational Education. I am also an ordained 
Baptist preacher and serve as Associate Minister at Cornerstone 
Fellowship Baptist Church in Wilmington.
    I know how important Amtrak is, not just to travelers but to the 
communities where its employees work and live throughout the country. I 
live in Bear, Delaware, where one of Amtrak's three major equipment 
maintenance facilities is located. Amtrak service in rural areas is of 
particular interest to me. This may surprise some people, but outside 
of the Wilmington area, Delaware is a predominantly rural state. From 
my involvement in statewide organizations, I know many people who live 
in rural parts of Delaware who don't have access to Amtrak or other 
public transportation services they want and need.
    From my experience in transportation and labor organizations, and 
many years of service on a wide variety of Boards, I would bring a 
unique perspective to Amtrak's Board if confirmed. I am very familiar 
with the challenges faced by organizations like Amtrak that require 
both a public mission and engagement in commercial business activities, 
while simultaneously being accountable to elected and governmental 
officials. As a union official and a Board member of organizations with 
agreement-covered workforces, I have worked on both sides of labor-
management issues. Twenty-one years of service on a bi-state Board 
gives me experience in dealing with multiple governmental jurisdictions 
that sometimes support different objectives. I learned how to work with 
people with different views and perspectives, and the importance of 
seeking compromises that produce a ``win/win'' for both sides.
    I believe my experience in vocational education and training is 
particularly relevant, because one of Amtrak's biggest challenges will 
be finding and training large numbers of workers to construct projects 
funded by last year's Infrastructure Bill. I am interested in looking 
into Amtrak's current efforts to recruit from Historically Black 
Colleges and Universities (HBCUs), something I know the Ranking Member 
and others on this Committee care about deeply.
    I thank you for your time, and if confirmed look forward to the 
serving on Amtrak's Board.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used): Samuel Elijah 
Lathem.
    2. Position to which nominated: Director of the Amtrak Board of 
Directors.
    3. Date of Nomination: April 29, 2022.
    4. Address (List current place of residence and office addresses):

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

    5. Date and Place of Birth: 10/22/1943; Woodlyn, Pennsylvania.
    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).

        Jean Koch Lathem; retired; Stepchildren: Rudy R. Koch--age 59; 
        Allan E. Koch--age 57.

    7. List all college and graduate degrees. Provide year and school 
attended.
    None.
    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.

        In 1965, I began work at the Chrysler Plant in Newark, 
        Delaware, was elected and served two 3-year terms as Chief 
        Steward in the Body Shop at Newark Assembly Plant and appointed 
        as Civil Rights Chairman of Local 1183 UAW.

        In 1990 I was assigned the position of Administrator of the 
        UAW-Chrysler Training Center.

        In February 1999 I was promoted to an International Rep of the 
        UAW.

        On October 4, 2003, I was elected as the first African-American 
        President of Delaware State AFL-CIO, a position he held until 
        2015.

    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.

        Interagency Council on Literacy

        Board of Directors for the Diamond State Port Corporation (Port 
        of Wilmington)

        Delaware Workforce Investment Board

        Chairman of Delaware Advisory Council on Career and Vocational 
        Education

        Commissioner on the Board of Directors of the Delaware River & 
        Bay Authority

    11. List all positions held as an officer, director, trustee, 
partner, proprietor, agent, representative, or consultant of any 
corporation, company, firm, partnership, or other business, enterprise, 
educational, or other institution within the last ten years.

        Board of Directors for the Diamond State Port Corporation (Port 
        of Wilmington); Commissioner on the Board of Directors of the 
        Delaware River & Bay Authority.

    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.

        Board of Directors for Junior Achievement

        Kids Count Steering Committee

        4-H Foundation Committee

        Board of Directors of SURJ (Stand up for What's Right and Just)

        Metropolitan Wilmington Urban League

        United Way of Delaware

        Coalition of Black Trade Unionists

    13. Have you ever been a candidate for and/or held a public office 
(elected, non elected, or appointed)? If so, indicate whether any 
campaign has any outstanding debt, the amount, and whether you are 
personally liable for that debt. No.
    14. List all memberships and offices held with and services 
rendered to, whether compensated or not, any political party or 
election committee within the past ten years. If you have held a paid 
position or served in a formal or official advisory position (whether 
compensated or not) in a political campaign within the past ten years, 
identify the particulars of the campaign, including the candidate, year 
of the campaign, and your title and responsibilities. None.
    15. Itemize all political contributions to any individual, campaign 
organization, political party, political action committee, or similar 
entity of $200 or more for the past ten years. None.
    16. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements.

        State of Delaware, Department of Military Affairs, Office of 
        Adjutant General Distinguished Service Medal, December 3, 2015

    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. None.
    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. None.
    19. Please identify each instance in which you have testified 
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each 
testimony. None.
    20. Given the current mission, major programs, and major 
operational objectives of the department/agency to which you have been 
nominated, what in your background or employment experience do you 
believe affirmatively qualifies you for appointment to the position for 
which you have been nominated, and why do you wish to serve in that 
position?
    I have over 30 years' experience in working with Amtrak, from my 
relationships in Delaware, which extend from the Bear Yard to the 
Regional Headquarters to the management of the Joseph R. Biden, Jr., 
Railroad Station in Wilmington, DE. As President of the Delaware AFL-
CIO, I worked tirelessly to advance interest of all unions involved in 
Amtrak's system and supported diversity and inclusion efforts by 
providing a difference perspective. I understand the role Federal and 
state legislatures play in advancing interests to invest in passenger 
rail and the economic impacts needed to modernize not just the 
Northeast Corridor but the entire U.S. rail system. As a citizen, it 
concerns me that we have lagged behind the rest of the world in 
offering first class passenger rail services in our country. I believe 
it is my patriotic duty to serve my country in this role.
    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 both regional administrator for the UAW and President of a union 
organization with 45,000 members in the State of Delaware, I believe I 
understand budgetary challenges that Amtrak faces and in addition I 
understand the importance of and am familiar with standards for board 
governance and oversight of management and accounting controls. 
Further, I have first-hand experience as President of multiple boards, 
including the Delaware River & Bay Authority, and have demonstrated 
fiduciary responsibility to administer funds. Based on my experience on 
multiple boards, I understand the elements of oversight that are 
critical to the governance of Amtrak, and most importantly, to its 
long-term viability.
    22. What do you believe to be the top three challenges facing the 
department/agency, and why?

(1)  Ensuring the safety and security of Amtrak passengers and 
        employees;
(2)  Providing the level of investment needed for capital projects; The 
        COVID-19 pandemic created major budget challenges that will 
        cause Amtrak to seek more governmental support than is typical.
(3)  Recruiting and retaining a highly skilled workforce; During the 
        COVID-19 pandemic, there was a need to reduce the Amtrak 
        workforce through a series of layoffs and furloughs, so it will 
        be challenging to backfill positions with the specialized 
        skills needed for a modern workforce.
                   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 III of my Executive 
Branch Confidential Financial Disclosure Report (OGE Form 450). In 
connection with the nomination process, I have consulted with the 
designated Amtrak ethics representative to identify potential conflicts 
of interest. Any potential conflicts of interest will be resolved in 
accordance with the Amtrak Board of Directors' Code of Business Conduct 
and Ethics and the terms of Amtrak's Ethics Opinion Letter which has 
been provided to this Committee. I am not aware of any other potential 
conflicts of interest.
    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.
    My arrangements are fully described in Part III of my Executive 
Branch Confidential Financial Disclosure Report (OGE Form 450). In 
connection with the nomination process, I have consulted with the 
designated Amtrak ethics representative to identify potential conflicts 
of interest. Any potential conflicts of interest will be resolved in 
accordance with the Amtrak Board of Directors' Code of Business Conduct 
and Ethics and the terms of Amtrak's Ethics Opinion Letter which has 
been provided to this Committee. I am not aware of any other potential 
conflicts of interest.
    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 designated Amtrak ethics representative to identify potential 
conflicts of interest. Any potential conflicts of interest will be 
resolved in accordance with the Amtrak Board of Directors' Code of 
Business Conduct and Ethics and the terms of Amtrak's Ethics Opinion 
Letter which 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 designated Amtrak ethics representative to identify potential 
conflicts of interest. Any potential conflicts of interest will be 
resolved in accordance with the Amtrak Board of Directors' Code of 
Business Conduct and Ethics and the terms of Amtrak's Ethics Opinion 
Letter which 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 designated Amtrak ethics representative to identify potential 
conflicts of interest. Any potential conflicts of interest will be 
resolved in accordance with the Amtrak Board of Directors' Code of 
Business Conduct and Ethics and the terms of Amtrak's Ethics Opinion 
Letter which has been provided to this Committee. I am not aware of any 
other potential conflicts of interest.
    6. Describe any activity during the past ten years, including the 
names of clients represented, in which you have been engaged for the 
purpose of directly or indirectly influencing the passage, defeat, or 
modification of any legislation or affecting the administration and 
execution of law or public policy. None.
                            c. legal matters
    1. Have you ever been disciplined or cited for a breach of ethics, 
professional misconduct, or retaliation by, or been the subject of a 
complaint to, any court, administrative agency, the Office of Special 
Counsel, professional association, disciplinary committee, or other 
professional group? No.
    If yes:

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

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

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

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

    2. Have you ever been investigated, arrested, charged, or held by 
any Federal, State, or other law enforcement authority of any Federal, 
State, county, or municipal entity, other than for a minor traffic 
offense? If so, please explain. No.
    3. Have you or any business or nonprofit of which you are or were 
an officer ever been involved as a party in an administrative agency 
proceeding, criminal proceeding, or civil litigation? If so, please 
explain. No.
    4. Have you ever been convicted (including pleas of guilty or nolo 
contendere) of any criminal violation other than a minor traffic 
offense? If so, please explain. No.
    5. Have you ever been accused, formally or informally, of sexual 
harassment or discrimination on the basis of sex, race, religion, or 
any other basis? If so, please explain. No.
    6. Please advise the Committee of any additional information, 
favorable or unfavorable, which you feel should be disclosed in 
connection with your nomination.
    N/A
                     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.
                                 ______
                                 
                                 
                                 

    The Chair. Thank you, Mr. Lathem. Ms. Weissmann, welcome.

  STATEMENT OF ROBIN L. WIESSMANN, NOMINEE TO BE A DIRECTOR, 
                   AMTRAK BOARD OF DIRECTORS

    Ms. Weissmann. Thank you so much. Good morning, Chair 
Cantwell, Ranking Member Wicker, Senator Moran, Senator 
Blumenthal, and Senator Hickenlooper, and other members of the 
Committee. I am very pleased to be with you today to explain 
why I hope to serve on Amtrak's Board of Directors, and the 
contributions I can make.
    My background as a lawyer by training and over many years 
in finance and infrastructure investment is not unusual for a 
prospective Board member. However, while I have considerable 
Board experience, what makes me particularly well-suited for 
the Amtrak Board is my unique background and experience in both 
the private and public sectors.
    I view myself as a purpose driven professional who is 
dedicated to public service. I was a founding principle and 
president of the first woman owned investment banking firm on 
Wall Street, served as Chairman of the Board of a mutual fund, 
and held positions at major investment and securities firms.
    I have also served as State Treasurer of the Commonwealth 
of Pennsylvania, where I was custodian for more than $120 
billion in public assets, and as Pennsylvania's Secretary of 
Banking and Securities. Additionally, I have held appointive 
positions on numerous Federal and State Boards responsible for 
financial oversight, securities regulation, and economic 
development.
    I currently serve as Executive Director and CEO of the 
Pennsylvania Housing Finance Agency, where I manage operations 
and direct initiatives that promote development of affordable 
housing and provide financing for homeownership.
    In that position and many of the other public sector roles 
over the years, I have used my extensive experience in bringing 
together public and private entities on projects intended to 
achieve public goals, ultimately seeking to produce a return on 
the private investment while working with elected officials of 
both parties.
    As a resident of the Philadelphia area who has spent many 
years working on Wall Street and for Pennsylvania State 
Government, I have been a frequent Amtrak passenger for many 
decades. However, I have also spent considerable time working 
in other parts of the country where passenger rail service was 
negligible and cars and sometimes planes were the only option 
for intercity travel.
    I appreciate what Amtrak service does for the Northeast, 
but also what it could do in other regions of the country if it 
received adequate, assured, multi-year funding that would allow 
it to make major investments. The large increase in funding 
that last year's Infrastructure Investment and Jobs Act will 
provide for Amtrak over the next 5 years is an important first 
step in that direction.
    From my experience in infrastructure finance and in the 
administration of public funds and projects, I am aware that a 
large infusion of funding creates accounting, financial, and 
project management challenges for any organization.
    It is important that Amtrak's Board include members with 
experience in these areas who can advise, oversee, and support 
the efforts of Amtrak's management to address the welcomed 
challenge of receiving money to begin pursuing long sought 
goals while ensuring financial accountability, transparency, 
and optimal use of public funding. I can provide that 
expertise. The coming years will be an exciting time for 
Amtrak.
    If confirmed, I welcome the opportunity to serve on its 
Board at a particularly relevant time for someone with my 
experience and background, and I will be happy to answer any 
questions you may have.
    [The prepared statement and biographical information of Ms. 
Weissman follow:]

  Prepared Statement of Robin L. Wiessmann, Nominee to be a Director, 
                       Amtrak Board of Directors
    Good morning, Chair Cantwell, Ranking Member Wicker, and other 
members of the Commerce Committee. My name is Robin Wiessmann, and I am 
very pleased to be with you today to explain why I hope to serve on 
Amtrak's Board of Directors, and what contributions I can make.
    My background as a lawyer by training over many years in finance 
and infrastructure investment is not unusual for a prospective board 
member. However, while I have considerable board experience, what makes 
me particularly well suited for the Amtrak Board is my unique 
background and experience in both the private and public sectors. I 
view myself as a purpose-driven professional who is dedicated to public 
service.
    I was a founding principal and president of the first women-owned 
investment banking firm on Wall Street, served as chairman of the board 
of a mutual fund, and held positions at major investment and securities 
firms. I have also served as State Treasurer of the Commonwealth of 
Pennsylvania, where I was custodian of $120 billion in public assets, 
and as Pennsylvania's Secretary of Banking and Securities. 
Additionally, I have held appointive positions on numerous Federal and 
state boards responsible for financial oversight, securities regulation 
and economic development.
    I currently serve as Executive Director and CEO of the Pennsylvania 
Housing Finance Agency, where I manage operations and direct 
initiatives that promote development of affordable housing and provide 
financing for homeownership. In that position and many of the other 
public sector roles over the years, I have used my extensive experience 
in bringing together public and private entities on projects intended 
to achieve public goals, ultimately seeking to produce a return on the 
private investment, while working with elected officials of both 
parties.
    As a resident of the Philadelphia area who spent many years working 
on Wall Street and for Pennsylvania's state government, I have been a 
frequent Amtrak passenger for many decades. However, I have also spent 
a lot of time working in other parts of the country where passenger 
rail service was negligible and cars and sometimes planes were the only 
option for intercity travel. I appreciate what Amtrak service does for 
the Northeast, and what it could do in other regions of the country if 
it received adequate, assured multi-year funding that would allow it to 
make major investments.
    The large increase in funding that last year's Infrastructure 
Investment and Jobs Act will provide for Amtrak over the next five 
years is an important first step in that direction. From my experience 
in infrastructure finance and in the administration of public funds and 
projects, I am aware that a large infusion of funding creates 
accounting, financial and project management challenges for any 
organization. It is important that Amtrak's Board include members with 
experience in these areas who can advise, oversee and support the 
efforts of Amtrak's management to address the welcome challenge of 
receiving money to begin pursuing long sought goals while ensuring 
financial accountability, transparency and optimal use of public 
funding. I can provide that expertise.
    The coming years will be an exciting time for Amtrak. If confirmed, 
I welcome the opportunity to serve on its Board at a particularly 
relevant time for someone with my experience and background. I will be 
happy to answer any questions you may have.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used):

        Robin Lee Wiessmann.
        Former Name: Robin Wiessmann Dougherty (1978-1985; previous 
        marriage)

    2. Position to which nominated: Director, Amtrak Board of 
Directors,
    3. Date of Nomination: April 29, 2022.
    4. Address (List current place of residence and office addresses):
        211 North 2nd Street, Harrisburg, PA 17101 (Work)

    5. Date and Place of Birth: March 14, 1953; Glen Ridge, NJ.
    6. Provide the name, position, and place of employment for your 
spouse (if married) and the names and ages of your children (including 
stepchildren and children by a previous marriage).

        Husband: Kenneth Malerman Jarin, Esquire; Partner at Ballard 
        Spahr, LLP
        Son: Alexander Wiessmann Jarin, 30 years old
        Daughter: Karley Wiessmann Jarin, 27 years old

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

        BA, Lafayette College, 1975
        JD, Rutgers School of Law-Camden, 1978

    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.

        1975--US Environmental Protection Agency--NPDES Division--
        June--August--Intern

        1975-1977--US Environmental Protection Agency, District 3 
        Philadelphia, PA; Legal Intern (Part-time)

        1977-1978--White & Williams Law Firm, Philadelphia, PA; Legal 
        Intern (Part-time)

        1978-1980--Philadelphia National Bank, Philadelphia, PA; 
        Management Trainee/Associate, Real Estate and Construction 
        Lending

        1980-1983--City of Philadelphia, Philadelphia, PA; Deputy 
        Revenue Secretary, Deputy Director of Finance, & Deputy 
        Managing Director; Management of City's Debt Issuance; Designee 
        on various Boards and Commissions.

        1984-1990--Goldman Sachs & Company, New York, New York; 
        Associate & Vice-President, Municipal Finance; National and 
        regional capital markets transactions.

        1990-1999--Artemis Capital Group, New York, New York; Founding 
        Principal and President; Investment Banking; First women owned 
        broker dealer on Wall Street.

        1999-2001--Dain Rauscher, Inc., New York, New York; Managing 
        Director; National banking practice (acquired Artemis Capital 
        Group).

        2002-2006--Brown/Wiessmann Group (Self Employed), Bucks County, 
        PA; Principal; Advisory Consulting

        2006-2007--Merrill Lynch Capital Markets Division, New York, 
        New York; Managing Director, municipal markets.

        2007-2009--Commonwealth of Pennsylvania, Harrisburg, PA; State 
        Treasurer; Appointed to fill remainder of Us Senator Bob 
        Casey's term.

        2009-2014--Self Employed; Variety of Board positions, such as: 
        Met-Pro Corporation, Vantagepoint Funds Mutual Funds (Chair), 
        Lumesis, Enertech, and the Municipal Securities Rulemaking 
        Board.

        2015-2020--Commonwealth of Pennsylvania, Harrisburg, PA; 
        Secretary of Banking & Securities.

        2020 to present--Pennsylvania Housing Finance Agency, 
        Harrisburg, PA; CEO and Executive Director.

    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. None.
    11. List all positions held as an officer, director, trustee, 
partner, proprietor, agent, representative, or consultant of any 
corporation, company, firm, partnership, or other business, enterprise, 
educational, or other institution within the last ten years.

   Met-Pro Corporation Board Member (2009-2013)

   Vantagepoint Funds Board Member & Board Chair (2003-2013)

   Lumesis Board Member (2012-early 2015)

   The Municipal Securities Rulemaking Board (MSRB)- a self-
        regulatory board under the SEC (2012-2015)

   As reflected on my resume, various boards, ex officio, as 
        part of my work duties.

   Gubernatorial designee on the PHEAA (PA Higher Education 
        Assistance Authority) Board (2016-2021)

   Bucks County Council of the Boy Scouts of America (2013-
        early 2015)

   Duke University School of Public Policy Board of Visitors 
        (2013-2019)

    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.

   Great Harbor Yacht Club--Current Member; Treasurer (2011-
        2015)

   Duke University Sanford School of Public Policy--Board of 
        Visitors (2012-2019)

   Boy Scouts of America--Bucks County Council Board Member 
        (2013-2015

    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.
    Though never a candidate for public office, I was appointed by 
Governor Edward G. Rendell, and confirmed by the PA State Senate, to 
serve as the Pennsylvania State Treasurer from April 2007 through 
January 2009.
    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.
    N/A.
    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.
    After a review of my records, and public records, to the best of my 
knowledge, I have made the contributions which follow.

   2015, Hillary for America: $2700

   2016, Katie McGinty for Senate: $1000

   2017, Casey for Senate: $1,000

   2018, Scanlon for Congress: $1,700

   2018, Scanlon for Congress: $1,000

   2018, Gina M Raimondo: $1,000

   2019, Scanlon for Congress: $1,500

   2019, Biden for President: $2,800

   2021, Conor Lamb for Senate: $2900

   2021, Friends of Schumer: $1,000

   2021, Conor Lamb for Senate: $2900

   2021, Friends of Wendy Barish: $1,000

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

   North American Securities Administrators Association 
        Outstanding Service Award 2021

   Philadelphia Inquirer's Influencers of Finance Lifetime 
        Achievement Award 2019

   Lifetime Achievement Award Women in Public Finance 2014

   The Arthur E. Armitage, Sr. Distinguished Alumni Award, 
        Rutgers School of Law-Camden 2007

    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.

   Quarterly Newsletter for the Department of Banking and 
        Securities, with updates on the Department, while Secretary of 
        Banking & Securities. (2015-2020)

   Governing Magazine, 8/30/2018, Co-authored article: The 
        Financial Knowledge Inmates Need to Reenter Society

   Harrisburg Patriot News, 9/14/2018, Authored article: Ten 
        Years Later we can't forget the lessons that Lehman Brothers 
        taught us.

   The Municipal Bond Handbook II, published 1983 by Dow Jones 
        Irwin, Authored article: State and Local Government Revenues, 
        Taxpayer Revolts, and Crises.

    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: http://www.linkedin.com/in/rlwiessmann (active)
        http://www.linkedin.com/mwlite/company/pa-housing-finance-
        agency
        (active; managed by PHFA staff)

        Twitter: https://twitter.com/phfawiessmann (active; managed by 
        PHFA staff)
        https://twitter.com/phfatweets (active; managed by PHFA staff)

        Facebook: https://www.facebook.com/robin.wiessmann
        (active, primarily used to view, not post; personal)

        Instagram: https://www.instagram.com/robinwiessmann/?hl=en
        (active, primarily used to view, not post; personal)

    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.

   Testimony for the House Financial Services Committee, 3/12/
        2008, about the impact on states and municipalities during the 
        Financial Crisis.

   Written testimony submitted to the Senate Banking Committee 
        for the record 7/24/2019, on regulations pertaining to state 
        banking of marijuana.

    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 pursued and enjoyed a unique professional career with both 
in-depth public sector experience, and deep private sector experience. 
This is particularly relevant for Amtrak which has public 
accountability, and private sector expectations. Throughout my career I 
have integrated both experiences, and applied them to financial 
analysis and operations, management, marketing and branding, and 
governance arenas.
    As a long time investment banker, skilled in financial markets, 
regulatory policies and requirements, and credit analysis, I have 
worked on formulating creative financing solutions, with practical 
applicability. This has ranged from some of the early structured and 
variable rate products, and credit enhancement structures on Wall 
Street, to implementing asset reallocation and portfolio 
diversification while the chief financial fiduciary of more than $120 
Billion of state assets while State Treasurer, and as a creator of, and 
subsequent Chair of a Section 40 Act Mutual Fund Company with assets in 
excess of $20 Billion.
    My primary focus as an investment banker, was in infrastructure, 
including extensive work for Cities and States nationally, such as New 
York City and state, Chicago, and Illinois, Miami and Florida, Austin, 
Houston, Dallas, and the State of Texas, Louisiana, Pittsburgh, 
Philadelphia and Pennsylvania, Seattle and San Francisco and Los 
Angeles, and California among others. I worked extensively on the 
General Obligation credits of these cities and states, as well as 
extensive revenue bond programs with the major transportation systems, 
including mass transit, aviation, and port authorities of a variety of 
cities and states.
    I have significant, tested capabilities as a crisis manager having 
managed the Pa State Treasury during the Great Financial Crisis of 
2008, and as CEO and Executive Director of the Pa Housing Finance 
Agency, with assets well in excess of $6 Billion during The Pandemic of 
2020, along with the reverberations continuing today.
    Throughout all of this I have focused on Enterprise Risk 
Management, along with facile decision making.
    In addition to being a decades long, often daily, consumer of 
Amtrak services, my interest in Amtrak is consistent with my career-
long focus on infrastructure, the environment, operating systems, and 
financial management. The totality of my career has been focused on 
financial management, capital markets, good governance, and best 
practices, along with creative decision making.
    All of these elements are critical to the governance of Amtrak, and 
most importantly, to its long-term viability.
    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 a qualified financial expert, and as an attorney, I have a deep 
sense of responsibility to ensure the that legal and fiduciary 
requirements are built into the conduct and culture of the 
organizations I serve. Executing principal based management has served 
me well over the course of my career, in the best of times, and in the 
most challenging of times. My years of management and board experience 
along with my genuine interest in best practices, has supported 
careful, thorough management, as wells as financial &n accounting 
controls. I support, and act on a business management philosophy of 
continuous improvement while ensuring efficiency and effectiveness.
    I have served within large organizations, and at the top of large 
organizations, as well as creating both an investment banking firm, 
registered broker dealer from whole cloth, and a mutual fund. My 
successful tenure in all of my positions underscores my skills of 
creating organizations and managing large organizations.
    As a board director, my role is to provide advice and counsel, and 
ensure that best practices are being met throughout the executive 
staff, policies, and procedures for the agency. I have deep, extensive 
experience managing private, public, and quasi-public organizations. I 
have managed large organizations through good economic circumstances, 
and during economic crises. As a strategic manager, my strengths 
include effectuating prudent governance, while embracing appropriate 
change.
    22. What do you believe to be the top three challenges facing the 
department/agency, and why?

   Financial viability

   Transformation to a modern operating system

   Balance of geographic and demographic interests

    The challenges for Amtrak are numerous and continuing. Amtrak must 
not only survive and prosper financially to ensure continuation of 
services for the Nation's economic and business viability and growth, 
but also to provide a truly economically effective mode of 
transportation for its users. It needs to do this through continuous 
transformation into a current, modern operating system with cost 
efficiencies, enhanced operating efficiencies, along with safety for 
passengers and employees.
    These are significant challenges for any business, but particularly 
for such a capital intensive business, with accelerated depreciation 
and obsolescence of assets. The national geographic reach and need for 
equitable distribution of services for geographic and demographic 
interests, compounds the challenges.
    These challenges can only be met with a collaborative, reasoned 
decision making process to ensure the best results possible.
                   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 III of my Executive 
Branch Confidential Financial Disclosure Report (OGE Form 450). In 
connection with the nomination process, I have consulted with the 
designated Amtrak ethics representative to identify potential conflicts 
of interest. Any potential conflicts of interest will be resolved in 
accordance with the Amtrak Board of Directors' Code of Business Conduct 
and Ethics and the terms of Amtrak's Ethics Opinion Letter which has 
been provided to this Committee. I am not aware of any other potential 
conflicts of interest.
    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.
    My arrangements are fully described in Part III of my Executive 
Branch Confidential Financial Disclosure Report (OGE Form 450). In 
connection with the nomination process, I have consulted with the 
designated Amtrak ethics representative to identify potential conflicts 
of interest. Any potential conflicts of interest will be resolved in 
accordance with the Amtrak Board of Directors' Code of Business Conduct 
and Ethics and the terms of Amtrak's Ethics Opinion Letter which has 
been provided to this Committee. I am not aware of any other potential 
conflicts of interest.
    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 designated Amtrak ethics representative to identify potential 
conflicts of interest. Any potential conflicts of interest will be 
resolved in accordance with the Amtrak Board of Directors' Code of 
Business Conduct and Ethics and the terms of Amtrak's Ethics Opinion 
Letter which 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 designated Amtrak ethics representative to identify potential 
conflicts of interest. Any potential conflicts of interest will be 
resolved in accordance with the Amtrak Board of Directors' Code of 
Business Conduct and Ethics and the terms of Amtrak's Ethics Opinion 
Letter which 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 designated Amtrak ethics representative to identify potential 
conflicts of interest. Any potential conflicts of interest will be 
resolved in accordance with the Amtrak Board of Directors' Code of 
Business Conduct and Ethics and the terms of Amtrak's Ethics Opinion 
Letter which 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.
    N/A
                            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. N/A.
    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. N/A.
    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.
    In the course of normal business, while Treasurer of the 
Commonwealth of PA, and as Secretary of Banking and Securities, I have 
been named in matters pertaining to the respective agency.
    4. Have you ever been convicted (including pleas of guilty or nobo 
contendere) of any criminal violation other than a minor traffic 
offense? If so, please explain.
    NO. 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. N/A.
    6. Please advise the Committee of any additional information, 
favorable or unfavorable, which you feel should be disclosed in 
connection with your nomination.
    To the best of my knowledge, 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.
                                 ______
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 

    The Chair. Thank you, Ms. Weissman. Mr. Primus, welcome. If 
you have anybody you want to introduce, please do so.

STATEMENT OF ROBERT E. PRIMUS, NOMINEE TO BE A MEMBER, SURFACE 
                      TRANSPORTATION BOARD

    Mr. Primus. Thank you. Chairman Cantwell, Ranking Member 
Wicker, distinguished members of the Committee, good morning. I 
echo my fellow nominees in thanking you for the opportunity to 
appear before you today. The committee has been provided with a 
copy of my written statement, and in the interest of time, I 
will keep my remarks very brief.
    I remain humbled and extremely grateful to this committee 
for its support of my 2020 nomination and subsequent 
confirmation to become a member of the Surface Transportation 
Board. The past 2 years at the Board have been both productive 
and educational, and with your continued support, I hope to 
serve on the Board for a second full term.
    At this time, as the Chairman noted, I would like to 
recognize the presence of some very special people who, due to 
COVID-19 pandemic, were not able to be with me during that 2020 
hearing. They are my strongest supporters. They are what I call 
Team Primus.
    With me today is my patient and ever supportive wife, 
Gladys, and our amazing boys, Benjamin, Jacob, and Aaron 
Francis. Simply put, I wouldn't be here today without them, and 
I am blessed by their presence.
    The Chair. Welcome.
    Mr. Primus. Pretty cool, boys, huh? All right. Finally, I 
would like to thank my good friend and fellow Board member 
Patrick Fuchs for joining me this morning.
    Both the Board and I have benefited from Patrick's 
knowledge and expertise, and I greatly value his support, and 
most of all, his friendship. With that, I welcome any questions 
the Committee members might have. Thank you.
    [The prepared statement and biographical information of Mr. 
Primus follow:]

    Prepared Statement of Robert E. Primus, Nominee to be a Member, 
                      Surface Transportation Board
    Chairman Cantwell, Ranking Member Wicker, and distinguished members 
of the Committee, thank you for affording me the opportunity to appear 
before you this morning to discuss my desire to serve a second and full 
five-year term as a member of the Surface Transportation Board. I 
remain humbled and extremely grateful to this Committee for supporting 
my initial nomination and subsequent confirmation in 2020, and I hope 
that you will look favorably upon my pending renomination.
    Some say the second time around is usually a better experience than 
the first. Time will tell if this is true, but I can certainly attest 
to the theory as it relates to my family. In 2020, due to the COVID-19 
pandemic, I was not allowed to have my family present with me when I 
came before this Committee. Today, I am very happy to be joined by the 
entire Team Primus--my amazing wife Gladys and our incredible sons, 
Benjamin, Jacob, and Aaron Francis. I would not be where I am today 
without their love and support and hopefully, after today, the boys 
will think their dad is pretty cool.
    Madam Chair and Ranking Member Wicker, there are many reasons why I 
am seeking to serve a second term. Chief among them is my desire to 
continue working on the diverse portfolio of issues currently before 
the Agency that have broad and lasting implications for the Nation's 
rail network and our national economy. This includes the Board's 
efforts to address the nationwide deterioration of service levels, 
which has negatively impacted numerous business sectors and further 
strained our national supply chain; and establishing formal plans, in 
compliance with the Passenger Rail Investment and Improvement Act of 
2008, to address the on-time performance challenges that have long 
plagued Amtrak's regional and long-distance routes.
    I would also welcome the opportunity to continue working with the 
various stakeholders that have a vested interest in maintaining the 
strongest possible rail network. This would include representatives 
associated with Class I, II and III railroads; Amtrak; the shipping 
community, which is comprised of thousands of businesses, large and 
small, representing every part of our economy; the general public, who 
may be directly impacted by freight and passenger rail service; and the 
dedicated men and women who comprise our Nation's rail labor force.
    Stakeholder input has been absolutely critical in my efforts to 
better understand the complex and deep seeded problems that are often 
brought before the Board. Our ability to develop workable solutions 
would be virtually impossible without their insight and contributions.
    Finally, Madam Chair and Ranking Member Wicker, I am seeking 
renomination so that I might have the opportunity to continue working 
with an amazing group of public servants dedicated to ensuring our 
national rail network is reliable, resilient, balanced, and 
competitive. It has been a great honor serving alongside the 
incomparable Board staff in addition to Marty Oberman,
    Patrick Fuchs, Michelle Schultz and Karen Hedlund. Mutual respect 
and an appreciation of differing viewpoints is refreshingly the norm, 
and there is a genuine camaraderie that has allowed the Board to 
successfully navigate some very difficult issues. And, in the rare 
instance when we don't all agree on the path forward, we have always 
respectfully disagreed without being disagreeable and divisive. That is 
very hard to find these days, and I strongly believe our national rail 
network and the country are better for it.
    Again, thank you for the opportunity to appear before you today and 
I look forward to answering any questions you might have.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used): Robert Edmund 
Primus.
    2. Position to which nominated: Member, Surface Transportation 
Board.
    3. Date of Nomination: June 22, 2022.
    4. Address (List current place of residence and office addresses):

        Residence: Information not released to the public.
        Office: 395 E Street SW, Washington, DC 20423.

    5. Date and Place of Birth: October 25, 1969; Denville, New Jersey.
    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).

        Gladys Barcena (spouse), Senior Director, Government 
        Relations--The Madison Group.

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

        Bachelors of Science, Marketing--Hampton University, Hampton, 
        Virginia, 1991.

    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.

        Board Member, Surface Transportation Board, Washington, DC--
        January 2021 to present

        Senior Advisor, The Honorable Tony Cardenas, United States 
        House of Representatives, Washington, DC--September 2020-
        January 2021

        Chief of Staff, The Honorable Tony Cardenas, United States 
        House of Representatives, Washington, DC--March 2020-September 
        2020

        Senior Advisor, The Honorable Tony Cardenas, United States 
        House of Representatives, Washington, DC--February 2020-March 
        2020

        Senior Advisor, The Honorable Tim Ryan, United States House of 
        Representatives, Washington, DC--November 2019-February 2020

        Chief of Staff, The Honorable Nanette Diaz Barragan, United 
        States House of Representatives, Washington, DC--January 2019-
        October 2019

        Chief of Staff, The Honorable Michael E. Capuano, United States 
        House of Representatives, Washington, DC--September 2002-
        January 2019

        Legislative Director, The Honorable Michael E. Capuano, United 
        States House of Representatives, Washington, DC--March 1999-
        August 2002

        Registered Lobbyist, Van Scoyoc Associates, Inc., Washington, 
        DC--January 1995-February 1999

        Legislative Assistant, The Honorable Mel Reynolds, U.S. House 
        of Representatives, Washington, DC--January 1994-December 1994

        Legislative Assistant The Honorable Carrie P. Meek, U.S. House 
        of Representatives, Washington, DC--July 1993-January 1994

        Staff Assistant, The Honorable Frank R. Laufenberg, U.S. 
        Senate, Washington, DC--November 1991-July 1993

        Intern, The Honorable Frank R. Laufenberg, U.S. Senate, 
        Washington, DC--August 1991-November 1991

    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. None.
    11. List all positions held as an officer, director, trustee, 
partner, proprietor, agent, representative, or consultant of any 
corporation, company, firm, partnership, or other business, enterprise, 
educational, or other institution within the last ten years. None.
    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.

        Congressional Black Associates 1991-2021

        House Chief of Staff Association (2002-2020)

        USA Hockey (2014) to present

        The 116 Club, Member, 2016 to present

        The National Democratic Club, Member, 2015-2018

    None of these organizations restrict membership on the basis of 
sex, race, color, religion, national origin, age or disability.
    13. Have you ever been a candidate for and/or held a public office 
(elected, non-elected, or appointed)? If so, indicate whether any 
campaign has any outstanding debt, the amount, and whether you are 
personally liable for that debt.
    Yes. was elected to serve as Correspondence Secretary for the Ward 
7 Democrats in Washington, DC. The campaign did not have any 
outstanding debt.
    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.

        2010 Congressional Election Cycle--Chief of Staff and Political 
        Designee to U.S. Representative Michael E. Capuano--Served as 
        liaison between the Congressman's official office and campaign.

        2012 Congressional Election Cycle--Chief of Staff and Political 
        Designee to U.S. Representative Michael E. Capuano--Served as 
        liaison between the Congressman's official office and campaign.

        2014 Congressional Election Cycle--Chief of Staff and Political 
        Designee to U.S. Representative Michael E. Capuano--Served as 
        liaison between the Congressman's official office and campaign.

        2016 Congressional Election Cycle--Chief of Staff and Political 
        Designee to U.S. Representative Michael E. Capuano--Served as 
        liaison between the Congressman's official office and campaign.

        2018 Congressional Election Cycle--Chief of Staff and Political 
        Designee to U.S. Representative Michael E. Capuano--Served as 
        liaison between the Congressman's official office and campaign.

        2020 Congressional Election Cycle--Chief of Staff and Political 
        Designee to U.S. Representative Tony Cardenas--Serve as liaison 
        between the Congressman's official office and 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.
    I have never made any political contributions to any individual, 
campaign organization, political party, political action committee, or 
similar entity of $500 or more.
    16. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements.

        Youth for Tomorrow Mentoring (Chicago) Excellence in Service 
        Award

        Washington Government Relations Group Augustus F. Hawkins Award

        Congressional Black Associates Trailblazer Award

        Honorary Citizen of Louisville, Kentucky

        Honorary Kentucky Colonel

    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.
    I have not authored, individually or with others, any books, 
articles, columns, Internet blog postings, or other publications.
    In my capacity as an STB Board Member, I have given remarks three 
times on STD-related topics. I spoke at the Northeast Association of 
Rail Shippers (NEARS) conference in 2021; the Transportation, Elevator 
and Grain Merchants Association (TEGMA) conference in 2022; and the 
Specialty Soya and Grains Alliance conference in 2022.
    18. List digital platforms (including social media and other 
digital content sites) on which you currently or have formerly operated 
an account, regardless of whether or not the account was held in your 
name or an alias. Include the name of an ``alias'' or ``handle'' you 
have used on each of the named platforms. Indicate whether the account 
is active, deleted, or dormant. Include a link to each account if 
possible.

        LinkedIn: https://www.linkedin.com/in/robert-primus-a651ab2/

    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.
    On August 6, 2020, I testified before the Senate Committee on 
Commerce, Science, and Transportation as a nominee to the Surface 
Transportation Board.
    On May 12, 2022, I appeared before the House Transportation and 
Infrastructure Committee's Railroads, Pipelines and Hazardous Materials 
Subcommittee as a Member of the Surface Transportation Board.
    20. Given the current mission, major programs, and major 
operational objectives of the department/agency to which you have been 
nominated, what in your background or employment experience do you 
believe affirmatively qualifies you for appointment to the position for 
which you have been nominated, and why do you wish to serve in that 
position?
    I am honored to currently serve as a Member of the Surface 
Transportation Board and am seeking renomination because I have a 
strong desire to continue my service to the Nation in this capacity. 
Over my twenty-five years of public service, I have sought to build a 
reputation centered on objectivity and fairmindedness, which in turn 
has allowed me to become a strong consensus builder and problem solver. 
In the year and a half that I have been a Board Member, I maintained 
this mindset while focusing on a variety of issues that are extremely 
important to the Nation's freight and passenger rail networks. It is my 
hope that I will be given the opportunity to continue working with my 
fellow Board Members to deliver appropriate and meaningful decisions 
that will enhance the network and strengthen our national supply chain.
    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?
    First and foremost, I believe it would be my responsibility and 
duty to continue to support the Chairman in his role as the 
administrator of the agency's operations. It is incumbent upon me and 
other Board Members to assist him in his efforts to properly oversee 
administrative functions within the Agency and effectively address all 
identified deficiencies. With respect to proper management and 
accounting controls, special attention should be given to Congressional 
directives outlined in the Surface Transportation Board Reauthorization 
Act of 2015, as well as recommendations brought forth by the Department 
of Transportation's Inspector General.
    22. What do you believe to be the top three challenges facing the 
department/agency, and why?

  (1)  The Board must do all that it can to address the service 
        challenges currently reverberating through the Nation's freight 
        rail network. The network is a critical component of our 
        national supply chain and the current service failures pose a 
        real threat to the health of the national economy. The Board 
        should continue its active engagement with its railroad and 
        shipper advisory committees and use the authority endowed by 
        Congress to investigate and mitigate service issues of national 
        and regional significance.

  (2)  The Board must continue its efforts to address issues related to 
        passenger rail, including the potential growth of passenger 
        service across the national rail network. The promise of 
        improved and expanded passenger rail service is of great 
        importance to efforts underway to enhance our Nation's 
        mobility. In response to the new rules related to Amtrak's on-
        time performance, the Board is in the process of setting up a 
        new passenger rail office. Additionally, I have been working 
        with my fellow Board members on a number of critically 
        important passenger rail-related issues, including Amtrak's 
        desire to expand its service in places such as the Gulf Coast 
        region.

  (3)  The Board must continue to make headway with respect to its 
        pending proceedings. There are a number of key issues that have 
        major implications for both the railroad and shipping 
        communities. Over the past few years, the Board has made great 
        strides in tackling many of these issues and I hope that I can 
        continue to contribute to the resolution of these pending 
        matters in a way that is both timely and appropriate.
                   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.
    None.
    2. Do you have any commitments or agreements, formal or informal, 
to maintain employment, affiliation, or practice with any business, 
association or other organization during your appointment? If so, 
please explain.
    I have no commitments or agreements, formal or informal, to 
maintain employment, affiliation, or practice with any business, 
association or other organization during my appointment.
    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 Surface Transportation Board'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 Board'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.
    None. In connection with the nomination process, I have consulted 
with the Office of Government Ethics and the Surface Transportation 
Board'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 Board'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 Surface Transportation Board'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 Board'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.
    Over the past ten years, in my capacity as a Chief of Staff and 
Senior Advisor to four different Members of Congress, it was often my 
responsibility to develop, coordinate and execute strategies on behalf 
of the respective Members that would directly influence the passage, 
defeat or modification of legislation that came before the House of 
Representatives.
                            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.
    Yes. In 1992, while my parents were out of town, I had 
accidentially locked myself out of their townhouse, located in a gated 
community in Washington, DC. An individual living in their gated 
community thought I was trespassing and aggressively confronted me, 
which resulted in a physical altercation between the two of us. I was 
subsequently arrested and charged with a misdemeanor simple assault. I 
plead not guilty and requested a jury trial before the DC Superior 
Court. I was found not guilty by a jury of my peers and my arrest 
record was sealed and ultimately expunged.
    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, I have never been convicted (including pleas of guilty or nolo 
contendere) of any criminal violation.
    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.
    I have no further information that I wish to provide.
                     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.
                                 ______
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 

    The Chair. Thank you. Thank you very much. I think I would 
like to start with you, Mr. Coscia, if I could. Will we restore 
the Seattle to Vancouver, British Columbia service this month?
    Mr. Coscia. Chair, that is a distinct possibility, although 
there are some sort of final arrangements that need to be made 
in order for that to happen. Certainly our expectation is that 
by the end of the year that would happen, but we are working 
very, very hard at trying to make that date sooner as possible.
    The Chair. What is the issue with restoring that date? 
Because we have kind of made announcements is going to be 
restored, and then I would have said that that was an easy yes 
that you were going to give me. And so, I get that when you are 
talking about service, you want to be accurate. I get that 
part, but----
    Mr. Coscia. As you know, in the recovery from the pandemic, 
we have had to face many, many challenges. I, frankly, was very 
tempted to give you a very quick yes, but our experience since 
recovering from the pandemic shows us that we need to be 
incredibly cautious about the commitments that we make, in 
terms of being able to meet them, given some of the variables 
we can't control.
    But our feeling is that we are able to get both the 
workforce and the commitments in place and hopefully within the 
next 30 days that would be possible, but I could not tell you 
today that that is an absolute certainty.
    The Chair. Well, I am glad you brought up this very 
important word, because I am not sure that I heard many of the 
nominees talk about this, and that is the issue of work force. 
So this is the critical issue.
    And I think that when we are talking about this service, 
which means so much economically to our regions--I mean, when I 
think about the Gulf Coast, I have to put in a word because my 
colleague mentioned it, I am very supportive of reestablishing 
on that service. It has been way too long for us not to have 
that established.
    So we had a pandemic and we had disruption of services in 
key areas across the West. And my colleague, I am sure, from 
Montana, will show up at some point in time and talk about 
that. So I think what we need, what I need before I can support 
any of the nominees before us today, is a commitment for us to 
come up with a workforce strategy and plan that allows us to 
continue.
    We cannot simply say we don't have enough conductors, we 
don't have enough baggage handlers, we don't have enough this. 
The public believes they survived the pandemic, so now they 
want to see the services restored. And we all have workforce 
issues. Everybody in America has workforce issues.
    But what I didn't hear enough of is, what does Amtrak 
believe they need to do about that to get the services 
reestablished that we need in America. So I am a big fan, you 
know, of the Amtrak services. I don't know if any of the other 
Board nominees want to talk about workforce issues or what you 
think Amtrak needs to do on that front? Mr. Koos.
    Mr. Koos. I would just say that it does require some 
patience. We are seeing it in my community with issues of 
construction materials, things like that. I would agree with 
Mr. Coscia on the fact that it is hard to pin a date on things.
    And I have found as a Mayor that you don't announce a date 
until you have got a pair of scissors in your hand and ready to 
cut a ribbon, because it is really, really difficult to plan 
how things are going to happen. But the need for workforce 
training is a huge issue.
    We are seeing our community colleges is stepping up trying 
to train people, but it takes time. And there are a lot of 
people that realize this is an issue to be dealt with and are 
working very hard on it.
    The Chair. Well, I am very serious about this because I saw 
the disruption of the service and had to press Amtrak on it as 
it related to Montana. And what was it about? It was about 
conductors. And then what was it about? It was about getting a 
schedule of conductors and making it work.
    And now if we are saying we are delaying the Seattle to 
Vancouver service again because of not having baggage handlers 
on the Canadian side, these are all problems that affect the 
public. This is--I guess I just want to say, we are not messing 
around here. We are not messing around here when it comes to 
reestablishing these services.
    So I hope that the nominees will give a lot of thought to 
what are we going to do to make sure that we have a workforce 
to deliver these services and get about this task of expansion. 
If I could, what----
    Mr. Coscia. Senator, I am sorry to interrupt you, but if I 
can just expand on the comment you just made----
    The Chair. Yes, please.
    Mr. Coscia.--because I think there are two things that I 
wanted to point out. One is that you make an absolutely 
excellent point about the fact that in order to recruit the 
people we need to operate these services, we have got to think 
way outside the box from what we normally did. And we are doing 
that.
    And I say this to sort of respond to your need for and a 
commitment certainly from me, and I think others would share 
this, that we have--we are doing things that we have never done 
as a company before in terms of the recruiting process, going 
right down to the idea of working with different unions to 
create apprenticeship programs.
    We have done job fairs in a host of cities around the 
country, and it has created great results. As I mentioned in my 
testimony, we have already hired 2,800 people since the 
beginning of this Fiscal Year. Our target number is 4,000, and 
we think we are well on the way toward bringing a lot more 
people into it.
    And to sort of get back to that, the reason why I was being 
cautious about my response in connection with sort of 
restarting the Cascades, is that our start date, that is 
literally--in the information that we circulate among 
ourselves, is to begin one frequency on September 26th.
    Now, I know because I am ultimately responsible as the 
Chair that we will meet that day and we will do everything that 
is humanly possible to do that. But I also know that, you know, 
we have had disruptions in the past.
    But you should rest assured that we are committed to a very 
aggressive recruitment program that we think has already shown 
very positive results and that we are committed to restoring 
the Cascade service, and expect that by the 26th, at least one 
frequency will be back in service.
    The Chair. Thank you. Thank you. Senator Wicker.
    Senator Wicker. Thank you very much. Well, I really 
appreciated the testimony today. I appreciate Mr. Capozzi 
talking about the need for improving access to people with 
disabilities. Reverend Lathem, you are absolutely right.
    I am very, very interested in better recruiting and more 
successful recruiting from the HBCU. So thank you very much. It 
should surprise no one that I really want to talk about Gulf 
Coast rail. And Mr. Primus and Mr. Fuchs in the audience, thank 
you for allowing me to testify before the STB.
    There have been hearings, 11 day evidentiary hearing. And 
then in May, STB members expressed disappointment with the 
level of detail and analysis offered and gave the parties 
additional discovery time.
    Do you have better information and better detail now? Do 
you have what you need, Mr. Primus?
    Mr. Primus. The simple answer in my mind is, I hope so. I 
mean, we are still evaluating the information that was just 
presented to us very recently. And in my mind, honestly, you 
know, I understand the frustration and the delay of even our 
decision. And we are working expeditiously to try and get to 
that conclusion.
    I think in terms of asking for this additional information, 
we needed to be sure what was being presented on both sides 
really, you know, rose above, rose to a level that was 
acceptable and meritorious, that we could review. I mean, and 
that is why we are at the point now.
    Senator Wicker. OK. And I may intrude on my time, but I 
usually don't do that, Madam Chair. There has been an STB 
ordered mediation. I understand that is going to be extended, 
is that correct?
    Mr. Primus. All the parties asked for the mediation. So 
before there was objection, but all parties asked for 
mediation, and so----
    Senator Wicker. And I wonder how long that period will be 
extended?
    Mr. Primus. I believe 30 days.
    Senator Wicker. OK. And, you know, I am treading a fine 
line here, and I do not want to get into how you will decide on 
this issue. That is for the Board to decide. But do you think 
there is good progress being made? Do you have any inside 
information about that? Or is that being done completely 
outside of the hearing and information of the members of the 
Board?
    Mr. Primus. You know, Ranking Member Wicker, I wish I could 
give you the answer I would like to give you, but I hear the 
bell ringing from my general counsel a few blocks away that, 
you know, I am not allowed to comment on the progression.
    Senator Wicker. OK.
    Mr. Primus. I guess, how--where we are going. I mean, and 
again, I don't mean to interrupt. I know how important it is to 
you because important to the members of the Board to see this 
issue through. And so what I can assure you is that we are 
working as hard as we can and as expeditiously as we can to 
come to a conclusion.
    Senator Wicker. OK. Now, let me shift it to Chairman 
Coscia. There are, sort of, two schools of thought that might 
occur to advocates for Gulf Coast rail and for the larger 
issue. One would be to see the litigation out, which would 
involve not coming to an agreement, but trying to get 
everything you possibly can under the law as you understand it.
    That would then undoubtedly be appealed, go to court. And 
in the meantime, we would still be without rail service, 
Alabama, Mississippi, and Louisiana. The other would be to make 
sure there is a reasonable settlement that gets the public what 
they need but leaving longer term precedent issues to be fought 
over at another time, at another day, on another round.
    So would you comment about that? And I think you realize 
probably from my question which solution I would prefer.
    Mr. Coscia. Yes. I would say this. Amtrak's mission in many 
ways is actually very simple. We are in the mobility business. 
We are supposed to get people from one point to another point. 
We are supposed to do it safely, efficiently, and hopefully 
affordably. And Amtrak can do something incredible for the 
Nation by providing that service to as many people as possible.
    So in response to your question, you may find this 
surprising, but I actually agree with you that the latter 
approach should be the right approach. And that if there is a 
solution that can be offered in the near term that would allow 
us to provide that service and restore the Gulf Coast service 
sooner, we should avail ourselves to that.
    Having said that, we also need to protect the broader 
mission that we have to the Nation to try to utilize the 
underutilized freight rail assets that are out there that could 
give us the opportunity to serve a much broader cross-section 
of the Nation. It is interesting to point out, and you may have 
heard this before, but the United States actually has a much 
greater amount of rail infrastructure measured by miles than 
even countries like China in most European countries.
    And people would think the opposite, we just don't use it 
fully enough. And so in many ways, the Gulf Coast issue is very 
much about utilizing an asset that we already own, we can put 
into service, and it can improve the quality of lives of people 
today.
    So, yes, if there is an opportunity to bring the dispute 
over Gulf Coast service restoration to a head, I would 
certainly be very much in favor of doing it, even if it left 
additional issues to be resolved a little later.
    Senator Wicker. If my friend and Chair would indulge me, it 
is a fact, is it not, that this has been the statutory model 
for 51 years, and that the Congress in its wisdom decided well 
before the Chair and I got here to relieve the freights from 
their obligation to carry passenger rail and instead to have 
this balance where Amtrak was entitled to use the freight rail 
lines under the jurisdiction of the STB and the statutory law?
    Mr. Coscia. Well, Ranking Member, all I can tell you is 
that I have been a lawyer for almost 40 years, and I have been 
blessed during that career to work on some fairly interesting 
and novel topics.
    I don't, for the life of me understand how our preference 
rights have been so easily not observed by some of the host 
freight railroads. So I think that this issue of restoring Gulf 
Coast is really about adherence to a preference right that 
exists, in my mind, clearly in the law.
    And that was intended, as you accurately point out, to 
relieve the freight railroads of a costly obligation to carry 
passengers, because that mobility service was something that 
the Federal Government felt was important to maintain, and so 
therefore it took on that responsibility itself. But made it a 
condition of relieving them of that financial responsibility to 
provide that preference.
    Senator Wicker. Is the mediation going well?
    Mr. Coscia. I haven't been a direct party to the mediation, 
so, but I would tell you that we are certainly doing everything 
in our power to try to move people by train and not argue over 
the law, because that is far more important to us.
    Senator Wicker. Thank you very much.
    The Chair. Thank you. I think, since I don't see the other 
members on the screen, Senator Peters or Senator Tester, it is 
Senator Blumenthal, next.

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

    Senator Blumenthal. Thanks, Madam Chair. Thank you all for 
your service. Amtrak is very close to our hearts and our lives. 
I am a regular customer, mostly a very satisfied customer.
    And I want to thank Amtrak, particularly Chair Coscia, for 
your transparency and your willingness to provide information 
outside the context of these kinds of formal hearings. You have 
been very responsive, and I hope the new members of the Board 
will follow that example as well. And I want to take the 
opportunity on this Labor Day week to thank all of the existing 
employees of Amtrak.
    I rely on them literally every week that I return to my 
home State of Connecticut when I am able to take Amtrak, and 
particularly during this time of the pandemic. They have 
reported for duty, they have been on the job despite the 
threats to their own health and safety, and I am very gratified 
that you are working with unions and others in seeking to 
increase the numbers.
    A daunting challenge given the numbers, several thousand, I 
think you said, when other employers all around the Northeast 
and the country are looking for workers and finding them in 
short supply, particularly with the skills that you are 
seeking.
    I want to focus on the investment, capital investments that 
are necessary, because as you pointed out, Amtrak emerged from 
a very dark period when those investment needs were ignored, 
and we should never allow our rails to deteriorate in the way 
that they did. I was a strong advocate of the $30 billion that 
is in the Infrastructure Investment and Jobs Act.
    Last month, the Federal Railroad Administration announced 
more than $85 million in funding for Connecticut, including 
$65.2 million to replace the Connecticut River Bridge between 
Old Say Brook and Old Lyme.
    Another $20 million to replace power substations in 
Greenwich and New Haven. And we have talked over the years 
about the Walk Bridge. Are there timetables for completing 
these projects? I know you may not have those timetables with 
you right now, but if you have them, I would appreciate your 
providing them.
    Mr. Coscia. Sure. Sure. Senator, we can follow up by giving 
you a very specific schedule for the design and construction 
component of the projects you mentioned, in particular the 
Connecticut River Bridge. But it is our expectation to complete 
those projects in the 2025 range.
    So we are very far along in the work that we think is 
necessary to advance those projects. We have been working for 
quite a long period of time in terms of assessing and properly 
managing the infrastructure needs of Amtrak. What we have 
lacked are the resources to make those investments, the 
bipartisan infrastructure bill, first time in a generation, 
gives us those resources.
    So projects like these that have been screaming for 
attention, we are very much sort of in a position to move very 
quickly on them. And so that is in our near-term package of 
projects that we believe by 2025 we would be able to undertake.
    Senator Blumenthal. And if you could provide those more 
precise projections, that would be welcomed.
    Mr. Coscia. I will, I will.
    Senator Blumenthal. You and I talked briefly earlier this 
week about ridership on Amtrak. And very encouragingly, you 
indicated that you are nearing the pre-pandemic levels. I think 
you may have said 85 percent or something in that range and the 
trajectory is going in the right direction, but that the 
demographics of the ridership have changed somewhat so that 
there is less business travel, more of other kinds of travel. 
Maybe you could expand on that for the record here.
    Mr. Coscia. Sure, Senator. You know, as part of our effort 
to try to be as responsive as possible to our passengers, we 
have become a very data driven company so we rely very heavily 
on customer satisfaction surveys and the most sort of advanced 
levels of sort of understanding who our customers are, because 
we found it is the best way for us to give them the kind of 
service that they are looking for and make the adjustments that 
are necessary, because we are very much a work in progress at 
becoming the kind of railroad we want to be.
    As part of that, we are able to, sort of, tell who are 
buying who is buying Amtrak tickets and how our passenger flow 
is going. And so the headlines that you sort of briefly alluded 
to include the fact that we are actually coming back from the 
pandemic much faster than we had anticipated.
    And, you know, our most recent numbers show that we have 
reached the 80 percent mark of pre-pandemic level in ridership 
and closing in on 85 percent. In advance booking, it is even 
more encouraging about what that involves. But an interesting 
component to that is that much of that increase in ridership 
from the pandemic lows has come from new riders, people who are 
discovering intercity passenger rail for the first time.
    The demographic is different in terms of age and 
composition in different parts of the country. People have 
decided that they are very interested in intercity passenger 
rail as a form of mobility, which gives us a great deal of 
optimism for this mode into the future, because those numbers 
have come back, even though business travel has not really 
returned to anything near what pre-pandemic levels were.
    So we are excited about, you know, what the national rail 
system will look like and what it is capable of as the country 
further sort of recovers from its pandemic impact.
    Senator Blumenthal. I think that is a very encouraging 
vision for the future, and I would be very interested in the 
schedule for the clean diesel and high speed Acela train sets 
that you have mentioned briefly in your testimony. You foresee 
them coming online quickly?
    Mr. Coscia. I do. The clean diesel trains are already 
starting to be delivered. Our expectation is that, you know, 
hopefully, Senator, by this time next year, you know, we are 
planning to, sort of, have you experience riding a new Acela 
train on the Northeast Corridor.
    Obviously, we were impacted by the pandemic in the Acela 
replacement program because of shutdowns in factories and other 
things that have impacted it, but we are sort of now back on a 
very solid schedule and feel very optimistic about it.
    And as we mentioned, we are far along in other rail 
procurements that will impact and provide better service on 
Northeast Regional as well as our State supported services. So 
$10 billion in re-fleeting Amtrak is long overdue. But, you 
know, I am positive that every single rider will feel the 
difference of new rolling stock that, you know, has been 
designed to meet the needs of what travelers look for today.
    Senator Blumenthal. Thank you. Thanks very much. Thank you, 
Chairman.
    The Chair. Thank you, Senator Fischer.

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

    Senator Fischer. Thank you, Madam Chair. Thank you to all 
of our panelists today for being here. Mr. Primus, when 
considering regulatory proposals, do you believe the STB should 
prioritize policies that allow market participants to freely 
compete without STB action being taken?
    Mr. Primus. Short answer is yes, I believe they should. I 
believe that STB intervention should only be when it doesn't 
operate the way that it should. Currently, right now, 
considering all of the service interruptions, the network is 
not operating in a market driven way. You see low service 
levels and you are seeing higher rates for those--for that 
service.
    There are many businesses, including those in your State 
and we are hearing from your own--your constituents, who are 
very concerned that the market isn't the way it should be, and 
that is why, you know, we have been considering a number of 
potential remedies to help the market come back into balance.
    Senator Fischer. You know, we are seeing that. And I know 
that you have stated publicly that you prefer that railroads 
work things out with their customers rather than expecting you 
to solve all their problems. When you are looking at ways to 
solve those problems, to look at dispute resolutions, what 
steps do you think the STB can take to encourage the shippers 
and their customers to be able to come together to do that?
    Mr. Primus. Senator, it is sort of like my kids behind me. 
I always----
    Senator Fischer. Who are darling, by the way.
    [Laughter.]
    Mr. Primus. Thank you. But I always tell them, you know, 
when they get into arguments or disputes, I say, look, guys, it 
is up to you to settle those disputes because you don't want 
mom and dad to come and settle it for you. Because if you do, 
we will settle it in a fair and balanced way, but it is 
probably not the way that you intended. And I actually take 
that and bring that to the Board as well.
    As I said, you know, I want, you know, the railroads to sit 
down and talk to their customers, to your constituents, and to 
figure out ways to better operate and perform and provide that 
service that that they deserve. I think the STB is here as 
honestly that backstop.
    That if that fails, it is our obligation and it is what 
Congress intended for the STB to do, to step in and resolve 
those issues and those disputes and those disruptions in a way 
that, again, that brings fairness and balance back to the 
network. And I think that is what we do.
    Senator Fischer. You know, Chairman Oberman, he recently 
stated, we don't have, fortunately, on the Board the kind of 
polarization, tribalism that you see too much of in Washington. 
And he said he is determined to keep that from happening.
    Do you agree with him that it is important to keep that 
polarization in the background as much as possible on your 
Board? And if so, have you seen any cases where it kind of it 
has reared its head, and how do you handle that?
    Mr. Primus. If you had opportunity to read my written 
statement, I did mention that in particular that one of the 
reasons why I want to return to the Board is because it is an 
atmosphere where we do strive to work together to find 
commonality on the issues. And at times, if we do disagree, we 
are never, ever disagreeable.
    And there is a mutual respect on the Board right now. You 
know, Patrick, being in attendance with me this morning is only 
proof of his support. I have spoken to every Board member this 
morning and who is also--have wished me luck. And I think, you 
know, having that collegiality, having that willingness to rise 
above differences to find the goals--sure, there will be times 
when we don't agree.
    But I think in the most part, if you have looked at our 
decisions this year, I don't think we have had any decision 
where or where one member has disagreed. They have been 
unanimous decisions. I think that is proof that we do try to 
work together.
    Senator Fischer. OK, thank you. Mayor Koos--Koos, is that 
correct? We have an Amtrak M-track route through Nebraska. It 
doesn't get much attention, but it is there, and it is used and 
the people who use it enjoy that service.
    State supported routes provide substantial revenue source 
for Amtrak's overall budget. And many of those State routes are 
key to future growth for Amtrak. As a Board member, are you 
committed to working with State supported rail partners? And if 
confirmed, will you work to improve transparency for Amtrak's 
cost allocations that are charged to the states?
    Mr. Koos. I would answer in the affirmative on both of 
those. Very definitely believe in the long distance service, 
but the State supported service is really the lifeblood of what 
is happening in Illinois, and it has been a very, very 
important mode of transportation for a lot of people. So those 
two entities working in tandem really flesh out the national 
system and I am very supportive of both.
    Senator Fischer. Thank you very much. Thank you, Madam 
Chair.
    The Chair. Yes. Senator Tester.

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

    Senator Tester. Thank you, Madam Chair. I want to say it is 
good to be back in the Committee room. I also want to thank you 
and Senator Wicker for getting CHIPS in Science Act across the 
finish line. It was a huge undertaking and I just want to 
express my appreciation for both of you working together 
because it was an important piece of legislation that I think 
is a winner for the American people.
    Let me ask you a question, all of you and you can just--
[technical problems]--how many you have been to Montana? Raise 
your hand. Good deal, Wicker. So I appreciate that. And you are 
all invited to come. Let the record reflect that none of them 
have unfortunately seen the great treasure state.
    Congress has made some important investments in passenger 
train through the bipartisan infrastructure bill that we passed 
to provide a reliable service across our Nation. It is a 
priority. We have even made changes to the Amtrak Board's 
makeup to make sure that it reflects Amtrak's network's 
diversity.
    So while I would say it is good to be back here in the 
Committee, I must say that I am more than just a little bit 
frustrated by the lack of Amtrak Board nominees before us that 
doesn't include any of the Western States and the fact that--
Mr. Primus, you are excluded. But the fact that none of you 
have been to a State of Montana to understand the size and the 
breadth and depth and the length and the distance is a problem.
    I will also tell you that my neighbor is about to embark on 
a train ride from Montana to Washington, D.C. He will get here 
this Friday or this Saturday, because he wants to experience it 
and he wants it to be a good experience. And I will tell you 
that as a Montanan, I have been on the route from Washington, 
D.C. to New York many times, and it is a great service.
    But I would hope, especially since none of the folks 
sitting in front of me--and I will give Illinois a little bit 
of kudos. Thank you for being at least from part of the center 
of the country. Before me have little understanding of the size 
of a state like Montana, and the fact that the Empire Builder 
that serves Montana is so critically important to our state and 
is under attack almost every single day by somebody who doesn't 
want that service to be there.
    Puts you guys in a very difficult, and I use that ladies 
too, in a very difficult position, because you have to 
understand that it takes about 14 hours to drive the length of 
Montana. So that is probably about what it takes for a train to 
go across the length of Montana. And we don't have hundreds of 
people living in every square mile of our state.
    In fact, it is probably less than a person in every square 
mile of our state. And so I don't plan on stopping any of you 
from being on this Board, but you guys have a lot of work cut 
out for you to understand long distance traffic. And I say that 
not knowing where you have totally come from, I have read your 
bios. But the bottom line is, if we lose Amtrak in Montana, it 
is an incredible hit.
    And in fact, there is a group working right now to make 
sure that we reestablish the old Southern route called the 
Hiawatha Route in Montana, which would be incredibly important. 
And I know there are some in Congress who think the trains have 
gone the way of the pony express. But the truth is, if we can 
make our train travel as convenient as it is in other 
countries, I think it can be a tremendous economic developer in 
our country.
    I only put out the information that I put out because even 
though none of us want to admit to any faults, I can't tell you 
what the challenges are in inner city Detroit or Miami or 
Houston, Texas. But I can tell you what the challenges are on a 
farm in Montana or a cattle ranch in Montana.
    And so it is going to be up to you guys to educate 
yourselves on the challenges of long distance rail throughout 
this country, if we are going to keep it. And that is not to 
say that the Northeast Corridor isn't important. The Northeast 
Corridor is damn important, but it is only part of the system.
    So you guys have a lot of work to do because as I said 
earlier, there are people every single day that want to shut 
down the rail service in this country. And if we are going to 
have good rail service, especially in the West where distances 
are long between houses, we have got to have folks that are 
willing to stand up and fight from a position of knowledge. 
With that, I yield back.
    The Chair. Thank you, Senator Tester. I so appreciate your 
comments and remarks, and definitely hope that our witnesses 
and nominees here today get that message. We get the Northeast 
Corridor, and we are for it. But we have to have a bigger, more 
aggressive strategy, whether it is the South or the West or--
have got to implement the services. Senator Moran.

                STATEMENT OF HON. JERRY MORAN, 
                    U.S. SENATOR FROM KANSAS

    Senator Moran. Chairman, thank you. I will join you and 
Chairman Tester, I guess Chairman, in my world, Chairman Tester 
in his comments about these nominees and the importance of long 
distance passenger service to the country.
    We worked together in the surface transportation 
reauthorization bipartisan infrastructure package. We worked 
together to make certain that the composition of the Board was 
increased in diversity in regard to long distance and city 
traffic, urban and suburban.
    We made certain that the legislation now emphasizes the 
role of providing service to rural communities, recognizing the 
importance of long distance routes, encourage Amtrak to 
maximize the benefits of Federal investment as opposed to 
minimizing the costs.
    We have worked hard in this committee to make certain that 
Amtrak is a national system, and it is my intention, again, to 
try to make certain that the nominees before us today share 
that view.
    And I am disappointed a bit in the response that I received 
or that several of us received from you in regard to your 
commitment to long distance passenger service. I was fortunate 
enough to walk in the room when Mr. Koos was giving his opening 
statement and he said what I wanted to hear.
    We asked each of you if you would confirm your support for 
long distance passenger service. You did so jointly. We did 
this in the last set of nominees, and it was done individually, 
which appealed to me more than a prepared statement that each 
of you signed. I would demonstrate what I was looking for by 
Mr. Koos's letter in the last time this request was made.
    Senator Moran, I am writing to reaffirm my commitment to 
service on all Amtrak long distance routes. He goes on to say, 
long distance routes are critical for maintaining connectivity 
with our country.
    These routes are also an economic anchor for hundreds of 
communities. If confirmed to the Amtrak Board, I will remain 
committed to restoring once a day service for long distance 
routes affected by COVID-19 pandemic.
    We cannot maintain a fully functioning national network 
that only operates 3 days a week. A reduction of service will 
create uncertainty for both Amtrak employees and customers. I 
look forward to working together with you and your office to 
support long distance routes in the future.
    The joint letter that you all signed, including Mr. Koos, 
says, basically, we share your commitment to long distance 
train service. We will continue to ensure, and Amtrak follows 
all applicable laws pertaining to long distance trains.
    With continued annual funding from Congress, we look 
forward to an improved long distance service of which we all 
can be proud. I see a significant difference in what Mr. Koos 
was willing to say and what you all were willing to say 
jointly. One is said much more emphatically and much more 
direct, much more with specificity.
    And so I would again ask you to explain to me individually 
what is your commitment to long distance service, including the 
Southwest Chief, which runs through many of our states? Mr. 
Capozzi.
    Mr. Capozzi. Sure. Thank you for the question, and I 
understand the importance of long distance service, and I value 
all the train service that Amtrak provides, including long 
distance service, the State supporting services, and the 
Northeast Corridor. And I share your commitment to long 
distance train service that is accessible to everybody.
    Senator Moran. Thank you.
    Mr. Coscia. Senator, let me begin by saying I wasn't aware 
of that distinction between Mr. Koos's statement the last time 
he was at this committee and what we submitted this time. I 
would not want you to sort of send me a pen across the way, but 
I would gladly sign on to verbatim the exact same statement. 
And so I don't need to sort of repeat it to show you the 
emphasis of it.
    But I will also tell you that my experience with Amtrak has 
proven the absolute sort of importance of everything that you 
have just said. Amtrak's mission is to preserve that national 
network. It is a treasure in the Nation's transportation 
system, and the anchor of that treasury are those long distance 
lines. They are the connective tissue that Amtrak is building 
the future of passenger rail from.
    When we talk about increased demand for State supported 
services and other things, they all build off of that. Our 
experience in working with you and the Southwest Chief has been 
incredibly important to the company to sort of reaffirm its 
need to work with all its stakeholders to maintain the national 
network in its present form and to expand upon it.
    And that means to protect the existing long distance lines 
and to look for ways to expand the ridership and opportunities 
that those afford us. So we are absolutely, with no hesitation, 
willing to make that commitment.
    Senator Moran. Mr. Chairman, thank you. Perhaps I was 
overly skeptical in the position I occupy, but I--words matter 
to all of us, and I wanted to make sure that there was no 
parsing, no hesitation, no simply filling out a letter, signing 
a letter to satisfy my concerns and the concerns of many others 
on this committee and in Congress, and your statement is very 
helpful.
    Mr. Coscia. Thank you.
    Senator Moran. Mr. Koos, you do not need to speak further 
unless you feel compelled.
    Mr. Koos. Well, I would just say I would encourage people--
an eye opener for me was to take a map of the national system 
and take the long distance routes off of that map and see what 
kind of system you have. It is a quite a bit of an eye opener. 
Being in a rural central United States community, I totally 
understand the need for that long distance system.
    Senator Moran. I was awakened to the realization that not 
everyone shares that view when at one point in time Amtrak's 
position was that we should replace train passenger service 
with bus service from a point in Kansas to a point in New 
Mexico and consider that as part of the National Passenger Rail 
Service. Mr. Lathem.
    Mr. Lathem. Committed.
    Senator Moran. Thank you. Ms. Weissman.
    Ms. Weissman. Well, I want to say that I agree with--
[technical problems]--support of it and would also be happy to 
sign the letter that you referred to. From my professional 
background, I have seen most of the country and recognize that 
rail service is not only essential for our national 
transportation, but it is also an economic opportunity and an 
economic imperative. So I am in full support of long distance 
rail.
    Senator Moran. Thank you. The Chairwoman has her finger on 
the button. I would only follow up and conclude without asking 
the question, I am very interested in what transpired in the 
fatal accident that occurred in Missouri on the Southwest 
Chief. And I would welcome any additional information that you 
all could provide. Thank you, Chairman.
    The Chair. Thank you. Thank you. Senator Baldwin.

               STATEMENT OF HON. TAMMY BALDWIN, 
                  U.S. SENATOR FROM WISCONSIN

    Senator Baldwin. Thank you, Madam Chair. Mr. Primus, I am 
happy to see you again today and commend you for your many 
years of public service. And I am very pleased that you are 
willing to continue to serve on the Surface Transportation 
Board.
    I want to let you know that I appreciate the attention that 
you have paid to the letter I co-led with Senator Cramer, 
outlining our concerns about significant rail disruptions 
occurring throughout the U.S. freight rail network.
    These are continuing to impact farmers, manufacturers, and 
energy producers throughout Wisconsin and throughout the 
country. So I want to ask you, what more can the Surface 
Transportation Board do to improve service for shippers?
    Mr. Primus. And thank you very much for the question. It is 
good to see you as well. Senator, that is a--honestly, that is 
a very long answer, and I will try to get to as many as I can. 
As I said before, you know, we would hope that the railroads 
would have worked with their customers, their shipping 
community, to address some of these issues.
    It is clear, because of some of the service levels we have 
seen over the last 18 months, that in some instances it is not. 
We are looking at a laundry list of items before the Board 
right now, many I can't go into detail over, but some that you 
are aware of and some that you supported and actually pushed in 
the Senate, that can help alleviate some of the pressure on the 
shippers and also, as I said before, bring more fair and 
balanced approach to the network.
    We are hearing it, as you said, across the spectrum. We 
know that we are entering into harvest right now and peak 
season for the railroads, and we remain concerned about service 
levels and whether or not they have the ability to do that. And 
so we are looking very intently at their performance.
    Senator Baldwin. I am working on legislation to better 
define the Class I rail carriers' common carrier obligation. A 
report from the Transportation Research Board found that that 
principle remains poorly defined. Do you think that better 
clarity would provide additional opportunities for the STB to 
provide relief for rail shippers throughout the country?
    Mr. Primus. Absolutely. I think a clear and transparent 
understanding of common carriers and obligations on behalf of 
the railroads is needed. It is something that the Board 
internally is considering and has been looking into. And I 
know, again, it is something that the Senate has as well, and 
we support that.
    Senator Baldwin. Thank you. Mr. Coscia, like many other 
Amtrak routes throughout the country, the Hiawatha service 
between Chicago and Milwaukee continues to have low ridership 
levels. They are lower than they were in 2019, before the 
COVID-19 pandemic. Will you commit to working with our state, 
Wisconsin, to improve ridership to pre-COVID levels as quickly 
as possible?
    Mr. Coscia. Yes. Yes, Senator, absolutely. We actually have 
a great deal of faith in what we think that service can do. And 
it is an example, actually, of where we think we can be 
effective.
    Senator Baldwin. OK, thank you. Can you also commit to 
working with the Wisconsin Department of Transportation as they 
work to finalize design work for the Twin Cities, Milwaukee, 
Chicago service that--and start that service as soon as 
possible?
    Mr. Coscia. Yes, Senator. And again, a high priority to us, 
very much on our near-term sort of agenda to accomplish.
    Senator Baldwin. Very good. Thank you. I yield back.
    The Chair. Thank you. I don't know if we have any other 
members who are joining us. I know we had a couple of people 
who signed on to ask questions remotely, so I am not sure if 
anybody is out there. We will give them a minute or two. I did 
want to ask a follow-up question.
    This is a procedural question for the Committee. It is 
really a good faith effort in working together. But I would 
like to ask each of you if you will agree to respond to 
requests from this committee, including appearing and 
testifying before the Committee in a timely manner?
    Mr. Coscia. Yes. Absolutely.
    Mr. Primus. Yes.
    Mr. Lathem. Yes.
    Mr. Capozzi. Yes.
    Ms. Weissman. Yes.
    The Chair. Mr. Koos nodded, but that is a yes, so, very 
good. Thank you. Well, that concludes our hearing this morning. 
I thank everybody for appearing today and for your willingness 
to serve.
    The Senate--Senators on the Committee will have until 
Monday, September 12, the close of business to submit questions 
on the record for the Committee, and witnesses will have until 
Monday, September 19, at the close of business to respond to 
those questions.
    So thank you all very much. That concludes our hearing.
    [Whereupon, at 11:25 a.m., the hearing was adjourned.]

                            A P P E N D I X

   Response to Written Questions Submitted by Hon. Maria Cantwell to 
                            David M. Capozzi
    Amtrak's Workforce. Workforce issues threaten Amtrak's ability to 
restore service to pre-pandemic levels and effectively execute projects 
using the $22 billion for Amtrak that was included as part of the 
Bipartisan Infrastructure Law. The Amtrak Cascades has not been running 
trains to Vancouver, B.C. since the start of the pandemic despite the 
Canadian border being open for almost a year. This has left five 
communities in my Washington state without any rail service.

    Question 1. As a Board Member it will be your responsibility to set 
the company's priorities. Will you make addressing Amtrak's workforce 
issues a top priority if you are confirmed?
    Answer. If confirmed, I commit to making Amtrak's workforce a top 
priority.

    Question 2. Will you commit to holding Amtrak accountable for 
developing and implementing a workforce development plan that ensures 
the company is able to fully restore service to 10 routes nationwide 
that are not operating at pre-pandemic levels and prepares the company 
to expand service as encouraged in the bipartisan infrastructure law?
    Answer. If confirmed, I commit to holding Amtrak accountable for 
developing and implementing a workforce development plan as you outline 
above, consistent with Federal law and state partner participation 
where applicable.
                                 ______
                                 
   Response to Written Question Submitted by Hon. Tammy Duckworth to 
                            David M. Capozzi
    Accessibility on new intercity trainsets. Mr. Capozzi, as you know, 
I fought hard to create the position to which you have been nominated, 
and I am grateful to my colleagues who helped make it a reality.
    It is critical that the 61 million Americans with disabilities are 
finally heard and have a seat at the table at our Nation's premier 
passenger rail service. As Amtrak continues to modernize its fleet, it 
will be vital to have a strong advocate ensuring all aspects of the 
disability community are taken into account. For example, last year 
Amtrak entered into a 3.4 billion dollar contract for 83 new intercity 
trainsets. While these new railcars will provide passengers with 
disabilities greater access to restrooms and the cafe car, they will 
not have 32-inch wide aisles to allow most passengers in wheelchairs 
access to travel throughout the trains.

    Question. Earlier this year, only after the disability community 
expressed continuous concerns, Amtrak and the Federal Railroad 
Administration entered into an agreement in which Amtrak agreed to take 
several steps to further improve accessibility. If confirmed, will you 
agree to maintain the commitments Amtrak has made to the Federal 
Railroad Administration regarding improvements for passengers with 
disabilities?
    Answer. As I said in my confirmation hearing, if confirmed, my 
focus will be providing leadership and attention in fulfilling Amtrak's 
ADA obligations and in meeting the DOJ settlement agreement terms. I 
will hold Amtrak accountable to its commitments.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Kyrsten Sinema to 
                            David M. Capozzi
    Amtrak Investments in Infrastructure Investment and Jobs Act. I was 
proud to lead negotiations that resulted in the bipartisan 
Infrastructure Investment and Jobs Act (IIJA) becoming law. The IIJA 
provided $22 billion in grants for Amtrak over five years, including $6 
billion for the Northeast Corridor and $16 billion for the National 
Network. The IIJA also included $36 billion over five years for grants 
for Federal and state partnerships for intercity passenger rail, with 
stipulations that no more than $24 billion may be awarded to the 
Northeast Corridor and at least $12 billion must go towards projects on 
the National Network. Amtrak is also eligible to apply for other 
multimodal grant programs administered by Department of Transportation, 
including the National Project Assistance Program and Local and 
Regional Project Assistance Program.

    Question. What does Amtrak plan to accomplish system-wide with this 
significant investment in passenger rail infrastructure?
    Answer. It is my understanding that Amtrak initially plans to use 
the $22 billion to rehabilitate or replace old assets including new 
trainsets, new cars and locomotives, improved maintenance facilities, 
capital projects defined by the IIJA, ADA compliance, and matching 
funds for certain Federal grants, among other improvements. I look 
forward to working with the FRA as they initiate grant programs and 
funding in the coming years, as well as with our state and commuter 
partners, to address the needs across the system. If confirmed, I 
intend to learn as much as possible about these plans for the Amtrak 
system.

    Amtrak Expansion. Phoenix is the largest American city that does 
not have downtown Amtrak service. Residents in the Phoenix metropolitan 
area must currently travel nearly an hour south of Phoenix to the 
nearest Amtrak station in Maricopa to access Amtrak service. I was 
excited to see that Amtrak released a proposal in July 2021 that would 
expand Amtrak service in Arizona and create a new route between Tucson 
and Phoenix. This proposal has the support of a number of local mayors 
in Maricopa County and southern Arizona.

    Question. What are your thoughts on expanding Amtrak's system? What 
procedures will Amtrak use to consider new routes?
    Answer. If confirmed, I intend to learn as much as possible about 
the opportunities for expansion of the Amtrak system, as well as the 
FRA programs that may support such expansion. I would also be very 
interested to learn more about any potential opportunities in Arizona, 
including the route between Tucson and Phoenix that you mentioned, and 
to work with you and your staff.

    Commitment to National Network. I joined my colleague, Senator 
Moran, to request your support for Amtrak's national network, including 
the Southwest Chief, which serves three communities in northern 
Arizona. I was disappointed in your response to my and Senator Moran's 
letter, which did not appear to convey enthusiasm for the benefits of 
long-distance service.
    Daily service on our national routes enables Americans living in 
communities large and small to access affordable transportation to 
reach their final destinations. In Arizona, the long-distance service 
supports tourism, allows visitors to enjoy our national parks, and 
creates jobs.

    Question. Will you reaffirm your commitment to maintaining daily 
service on Amtrak's National Network, including the Southwest Chief, 
Sunset Limited, and Texas Eagle in Arizona?
    Answer. Yes, I reaffirm my commitment to long distance service, 
including daily service on the Southwest Chief. It is my understanding 
that pre-pandemic, the Sunset Limited/Texas Eagle segment that operates 
through Arizona only operated three times per week, and I commit to 
maintaining this level of service, and in fact, learning more about 
opportunities to increase it.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Jacky Rosen to 
                            David M. Capozzi
    Northern Nevada Passenger Rail Service. Amtrak's California Zephyr 
line serves Northern Nevada and is a vital link to three communities in 
the state: Elko, Winnemucca, and Reno. The 84,000 travelers who travel 
on the line annually depend on the service, including many of our rural 
veterans and seniors who use Amtrak to access medical care in Reno. The 
Zephyr line also economically connects our rural communities with the 
growing Reno-Sparks metro area.
    The news has well-covered this summer's air travel challenges, but 
rail service has not been immune to delays and cancellations either. 
The California Zephyr line has experienced multiple-hour delays, with 
some customers arriving up to six hours late, leading to missed 
connections.
    And unlike on the East Coast, customers in the West have limited 
options along these routes to rebook after being delayed due to no 
fault of their own. Moreover, delays not only impact the public's time; 
they also have a significant economic impact on fuel, labor, and lost 
revenue.

    Question 1. To each of the nominees to the Amtrak Board, can I get 
a commitment from you to work to ensure people in Nevada, as well as 
other rural communities, have access to reliable passenger service? 
Specifically, how will you address the kinds of delays on long-distance 
lines we experienced this summer? Let's begin with Mr. Capozzi, then 
Mr. Coscia, Mr. Koos, Mr. Lathem, and finally Ms. Wiessmann.
    Answer. It's my understanding that freight train interference is 
the most common cause of Amtrak delays. Congress required freights, as 
the host railroad to much of Amtrak National Network service, to give 
Amtrak trains preference in dispatching over freight trains. In 
practice, this is rarely enforced, creating abysmal on-time performance 
on all Amtrak long-distance lines. Real enforcement is necessary for 
Amtrak trains to run on time.

    Question 2. I would also encourage and invite you to come out to 
Northern Nevada to hear from the residents of Winnemucca, Reno, and 
Elko first-hand about the importance of a reliable, functioning Zephyr 
line. Can I get your commitment that the Board will at some point in 
the next two years host a meeting in Northern Nevada to hear directly 
from my constituents? Let's begin with Mr. Capozzi and then go down the 
line again.
    Answer. I cannot speak to the Board's official schedule, but if 
confirmed, I would be happy to visit Northern Nevada and hear from your 
constituents.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Ray Ben Lujan to 
                            David M. Capozzi
    Long Distance Rail & the Southwest Chief. I appreciate my colleague 
Senator Moran's advocacy for long-distance rail, including the 
Southwest Chief line that New Mexicans rely on to connect to the rest 
of the country. I also appreciate your commitments to improving and 
expanding long distance rail if confirmed to this position.
    I was proud to support the Infrastructure Investment and Jobs Act, 
which included $66 billion in direct funding for passenger and freight 
rail repairs, safety, upgrades, and service expansion.
    This funding will help address years of underinvestment, including 
in our long-distance rail lines like the Southwest Chief. Over the past 
few years, equipment shortages and mechanical failures have 
increasingly led to delays and cancellations on Amtrak routes across 
the country, and it is long past time to invest in our long-distance 
rail network to upgrade and improve Amtrak's passenger rail car fleet.
    I'd like to hear more about each of your visions for our long-
distance rail network as you work to deploy funding from the 
Infrastructure Investment and Jobs Act.

    Question 1. What are the greatest issues facing our long-distance 
rail network right now, and what are the first steps that Amtrak should 
take to address those concerns?
    Answer. If confirmed, I plan to learn much more about these 
concerns. As I understand it today, the largest issues facing long-
distance include the need to replace current aged fleet with new long-
distance fleet, hiring additional employees to address workforce needs, 
station improvements, enhancing the customer experience, and improving 
on-time performance, especially due to freight train interference. From 
what I know, Amtrak is already addressing many of these concerns and 
IIJA provides much needed funding to help with capital investments. It 
is my understanding that freight train interference remains a problem 
for passenger trains, and I look forward to working with you and your 
staff to learn more about this issue.

    Question 2. If the funding in IIJA is not enough to bring all of 
the trains up to Amtrak's standard, how would you advise Amtrak to 
decide which trains and which lines get much-needed upgrades? Will it 
be based on ridership levels, age and standard of the current 
equipment, or other factors?
    Answer. I don't know how Amtrak would make those decisions, but if 
confirmed, I hope to learn more about where Amtrak stands in applying 
IIJA investment to its fleet, stations, and other infrastructure in the 
National Network.
                                 ______
                                 
  Response to Written Question Submitted by Hon. John Hickenlooper to 
                            David M. Capozzi
    Amtrak Front Range Rail. Board of Director nominees, as you are 
probably aware, the Bipartisan Infrastructure Law (BIL) authorized 
funds for the Federal-State Partnership for Intercity Passenger Rail 
program to expand Amtrak's intercity service routes, including $12 
billion for the National Network. This funding may be used to improve 
an existing corridor or build a brand-new passenger rail route.
    Amtrak's California Zephyr is an East-West route which passes 
through Colorado and connects our state to the West Coast and the 
Midwest. However, Colorado's Front Range currently lacks a North-South 
service route connecting Colorado's cities of Pueblo, Colorado Springs, 
and Denver to Cheyenne, Wyoming. The newly proposed Front Range 
Passenger Rail would provide additional economic opportunities and 
expand transit options for many communities along the proposed route.

    Question. Mr. Coscia, Mr. Capozzi, Mr. Koos, Ms. Wiessmann, and Mr. 
Lathem, if confirmed to the Board of Amtrak, how would you help ensure 
Amtrak's National Network routes meet the needs of Mountain West 
communities?
    Answer. From what I know, Amtrak has proposed a number of new 
routes and frequencies with its Amtrak Connects U.S. 
(www.amtrakconnectsus.com) vision. Congress passed in the IIJA a new 
FRA Corridor ID program to identify new opportunities for corridor 
routes. States and other eligible entities should express their 
interest to FRA and work within new Federal programs to advance these 
route opportunities. I have heard that the Front Range is an exciting 
opportunity and I hope to learn more about it and work with you and 
your staff on issues important to Coloradans.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Roger Wicker to 
                            David M. Capozzi
    Question 1. The Amtrak Inspector General has warned that Amtrak 
lacks the management capacity for capital projects necessary to 
implement the historic level of funding from the bipartisan 
infrastructure law. The Gateway Development Commission recently delayed 
the projected completion of the Hudson Tunnel project by another three 
years, with the expected cost rising to over $14 billion as a result of 
market volatility and inflation. If confirmed, how will you engage with 
Amtrak executives and other stakeholders to ensure efficient project 
delivery and use of funding?
    Answer. Congress passed historic legislation in the IIJA, a long 
overdue investment in passenger rail. With that new funding comes a 
great responsibility. The Board must work with management to ensure we 
deliver capital projects in an efficient and effective manner and that 
the company be a good steward of taxpayer investment. It is my 
understanding that Amtrak recently established a new capital delivery 
team to help implement the IIJA, and if confirmed, I look forward to 
learning more about how the company plans to deliver these important 
projects for the Nation.

    Question 2. Amtrak executive bonuses have been in the news 
recently. While incentives may be necessary to retain talented 
managers, they must also be measured and responsible given the 
substantial taxpayer subsidies Amtrak receives. Importantly, incentives 
must also be based on metrics that genuinely reflect the state of all 
Amtrak's service lines--without overlooking the long-distance backbone 
of the network. Will you commit to reviewing the metrics used for 
incentive payments and scrutinizing these bonuses for appropriateness, 
if confirmed?
    Answer. Yes, if confirmed, I would be very interested in how Amtrak 
structures its pay for all management and agreement employees. 
Recruiting talent, being competitive in the transportation industry, 
and retaining talent in a company requires good incentives and 
investment in its workforce. I look forward to learning how Amtrak 
addresses these challenges.

    Question 3. Will you commit to working to restore Gulf Coast 
passenger rail service between New Orleans and Mobile as expeditiously 
as possible, if confirmed?
    Answer. I know how important this issue is to you and to your 
constituents. If confirmed, I look forward to working with you and your 
staff and learning more about the specifics about the Gulf Coast 
passenger rail service between New Orleans and Mobile. From what I 
understand, it does seem like a worthwhile endeavor and the people of 
the Gulf Coast have been very patient and deserve this critical 
service, so I am very supportive of the concept and just need to learn 
more about the specifics.
                                 ______
                                 
      Response to Written Questions Submitted by Hon. Mike Lee to 
                            David M. Capozzi
    Question 1. If confirmed, what will your priorities be for Amtrak?
    Answer. As I indicated in my testimony at the confirmation hearing, 
if confirmed, my focus will be providing leadership and attention in 
fulfilling Amtrak's ADA obligations and in meeting the DOJ settlement 
agreement terms. However, as an Amtrak Board member I will also 
prioritize providing a safe transportation option for its customers and 
employees. Beyond that, I look forward to learning more about the 
corporate structure, commercial business and operations, and other 
issues involving Amtrak. It is also important to note that as a Board 
member I would have an important fiduciary responsibility to the 
company, its growth and well-being, and to ensure Amtrak is a good 
steward of taxpayer investment.

    Question 2. Amtrak was created as a ``for-profit'' corporation, but 
it's no secret that Amtrak (even before the COVID-19 pandemic) has 
struggled to bring in enough revenue to meet its operating expenses. 
Most recently, Amtrak's FY 2022 Statement of Operating Revenue and 
Expenditures noted a planned deficit of around $1.03 billion.

   In your view, should it be the goal of Amtrak to be self-
        sustaining without the need for government subsidies? If not, 
        why not?

   Should Amtrak continue unprofitable routes or services that 
        are unsustainable or should Congress be responsible for funding 
        unprofitable routes or services? If so, why?

   If confirmed, what solutions or proposals (outside of 
        pursuing government funding) will you seek to close this 
        deficit and restore fiscal responsibility?

    Answer. I believe passenger rail service is a necessary 
transportation option in this country, connecting many people in rural 
and suburban areas to the rest of the nation, and helping to support 
local and regional economies and businesses. It is my understanding 
that once public investment in capital costs is factored in, no 
railroad in the world is truly profitable. In addition, nearly all 
modes of transportation receive some form of public investment, 
including highways, transit, and aviation. If confirmed, I would help 
to ensure that the company is a good steward of taxpayer investment and 
that we run the business consistent with our mission and goals given to 
us by Congress.

    Question 3. 49 USC 24305 gives Amtrak the discretionary authority 
to provide ``food and beverage service on its trains.'' Recently, in 
Section 22208 of the IIJA Congress struck a revenue neutral requirement 
for the provision of such services.

   Should Amtrak provide food and beverage service on its 
        trains even if those services run a deficit? If so, why?

   Should the American taxpayer be on the hook for subsidizing 
        any unprofitable food and beverage service on Amtrak's trains?

    Answer. If confirmed, I look forward to learning about this issue. 
I understand it is likely complex and involves many factors for 
consideration.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Maria Cantwell to 
                           Anthony R. Coscia
    Amtrak's Workforce. Workforce issues threaten Amtrak's ability to 
restore service to pre-pandemic levels and effectively execute projects 
using the $22 billion for Amtrak that was included as part of the 
Bipartisan Infrastructure Law. The Amtrak Cascades has not been running 
trains to Vancouver, B.C. since the start of the pandemic despite the 
Canadian border being open for almost a year. This has left five 
communities in my Washington state without any rail service.

    Question 1. As a Board Member it will be your responsibility to set 
the company's priorities. Will you make addressing Amtrak's workforce 
issues a top priority if you are confirmed?
    Answer. If confirmed, I commit to making Amtrak's workforce a top 
priority. Upon receiving the necessary Federal funding to restore 
service suspended due to the pandemic, the company has undertaken its 
largest recruiting, hiring, and training campaign in decades and, 
despite the unusually tight labor market, has hired over 3,200 new 
employees across our 46-state network. Rigorous training as well as 
route-and equipment-specific qualification requirements mean that even 
after we hire new employees, it takes many months to fill needed roles 
in the field. By October 3, we will restore 91 percent of our National 
Network frequencies, including a roundtrip between Seattle and 
Vancouver, B.C, by September 26th. In addition, along with our state 
partners, we are working vigorously across the network to restore the 
remaining 9 percent of services, as soon as possible. I recognize the 
critical importance of this issue and its impact on the system.

    Question 2. Will you commit to holding Amtrak accountable for 
developing and implementing a workforce development plan that ensures 
the company is able to fully restore service to 10 routes nationwide 
that are not operating at pre-pandemic levels and prepares the company 
to expand service as encouraged in the bipartisan infrastructure law?
    Answer. If confirmed, yes, I will absolutely continue to commit to 
holding Amtrak accountable for developing and implementing a workforce 
development plan as you outline above, consistent with Federal law and 
state partner participation where applicable. The company already 
started this important work and I will continue to ensure it progresses 
according to plan.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Amy Klobuchar to 
                           Anthony R. Coscia
    Empire Builder, Rural Communities, and Economic Impact. The Empire 
Builder--one of Amtrak's longest rail lines that goes from Chicago to 
the west coast--provides a vital link for many rural towns in Minnesota 
helping students get to college, workers to job centers and tourists to 
travel destinations. The rail line contributes $327 million to the 
economies of the states in which it operates, including Minnesota.

    Question 1. If confirmed, will you commit to working to improve 
passenger rail on long-distance routes that connect rural areas to 
urban centers?
    Answer. Yes, if confirmed, I commit to improving our long-distance 
network. This is something we strive for every day at Amtrak.

    Question 2. Can you speak to the economic importance of routes like 
the Northern Lights Express (NLX) and the Twin Cities-Milwaukee-Chicago 
Intercity Passenger Rail (TCMC) for rural communities?
    Answer. The Minnesota and Wisconsin Departments of Transportation 
jointly envision an additional daily frequency between the Twin Cities 
of Minneapolis-St. Paul, Milwaukee, and Chicago, Illinois. Additional 
frequencies are described in the Wisconsin State Rail Plan, including 
extending three Chicago-Milwaukee Hiawatha round trips to Minneapolis-
St. Paul. These trips could be split between two routes, one via La 
Crosse, WI, the other via Eau Claire, WI. Amtrak's Empire Builder 
provides a fourth daily trip via the existing La Crosse route. This new 
corridor would provide eastern Minnesota and central Wisconsin 
residents with greatly increased mobility options among the region's 
largest cities, creating economic opportunity and greater access to 
core services such a medical care.
    The Minnesota Department of Transportation proposes the vision for 
this service to include four round trips between Duluth-Superior-
Minneapolis. This new corridor would provide residents of the Twin 
Ports of Duluth/Superior with increased mobility options to and from 
the state's largest metropolitan area.
    Amtrak supports the further planning and development of both of 
these visions and included them in the Amtrak Connects U.S. plan, our 
proposal for expanded service put forward here: 
www.amtrakconnectsus.com. We look forward to working with the state 
DOTs, host railroads, the Federal Railroad Administration, and other 
stakeholders to help to advance their rail priorities.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Kyrsten Sinema to 
                           Anthony R. Coscia
    Amtrak Investments in Infrastructure Investment and Jobs Act. I was 
proud to lead negotiations that resulted in the bipartisan 
Infrastructure Investment and Jobs Act (IIJA) becoming law. The IIJA 
provided $22 billion in grants for Amtrak over five years, including $6 
billion for the Northeast Corridor and $16 billion for the National 
Network. The IIJA also included $36 billion over five years for grants 
for Federal and state partnerships for intercity passenger rail, with 
stipulations that no more than $24 billion may be awarded to the 
Northeast Corridor and at least $12 billion must go towards projects on 
the National Network. Amtrak is also eligible to apply for other 
multimodal grant programs administered by Department of Transportation, 
including the National Project Assistance Program and Local and 
Regional Project Assistance Program.

    Question. What does Amtrak plan to accomplish system-wide with this 
significant investment in passenger rail infrastructure?
    Answer. Amtrak greatly appreciates the unprecedented levels of 
investment in Amtrak and intercity passenger rail that you and your 
colleagues enacted with the support of the Biden Administration. As you 
know, the funding provided directly to Amtrak is specifically targeted 
to address the state-of-good-repair backlog across Amtrak's system. 
Therefore, we initially plan to use the $22 billion to rehabilitate or 
replace old assets, including purchasing new intercity trainsets and 
long-distance cars and locomotives, improving maintenance facilities, 
undertaking critical capital projects defined by the IIJA, achieving 
full ADA compliance at our stations, providing matching funds for 
certain Federal grants, and modernizing core technology systems. We 
look forward to working with the FRA as they initiate grant programs 
and funding in the coming years, as well as with our state and commuter 
partners, to address the needs across the system.

    Amtrak Expansion. Phoenix is the largest American city that does 
not have downtown Amtrak service. Residents in the Phoenix metropolitan 
area must currently travel nearly an hour south of Phoenix to the 
nearest Amtrak station in Maricopa to access Amtrak service. I was 
excited to see that Amtrak released a proposal in July 2021 that would 
expand Amtrak service in Arizona and create a new route between Tucson 
and Phoenix. This proposal has the support of a number of local mayors 
in Maricopa County and southern Arizona.

    Question. What are your thoughts on expanding Amtrak's system? What 
procedures will Amtrak use to consider new routes?
    Answer. I fully support the expansion of the Amtrak system. We 
proposed a number of new ideas for new and expanded service across the 
network, including in Arizona, in our Amtrak Connects U.S. vision 
(www.amtrakconnectsus.com). In the IIJA, Congress set forth a process, 
managed by FRA, which sets up a new Federal program for developing new 
and enhanced corridors, the Corridor ID Program. We look forward to 
working with FRA as they identify new corridors and evaluate proposals 
from States, Amtrak, and other eligible applicants for new or expanded 
service.

    Commitment to National Network. I joined my colleague, Senator 
Moran, to request your support for Amtrak's national network, including 
the Southwest Chief, which serves three communities in northern 
Arizona. I was disappointed in your response to my and Senator Moran's 
letter, which did not appear to convey enthusiasm for the benefits of 
long-distance service.
    Daily service on our national routes enables Americans living in 
communities large and small to access affordable transportation to 
reach their final destinations. In Arizona, the long-distance service 
supports tourism, allows visitors to enjoy our national parks, and 
creates jobs.

    Question. Will you reaffirm your commitment to maintaining daily 
service on Amtrak's National Network, including the Southwest Chief, 
Sunset Limited, and Texas Eagle in Arizona?
    Answer. Yes, I reaffirm my commitment to long-distance service, 
including daily service on the Southwest Chief. Importantly, daily 
service is a reality made possible thanks to Congress' policy and 
funding support in every appropriations cycle. We greatly appreciate 
that effort. Regarding expanding tri-weekly service to daily service on 
existing long-distance routes such as the Sunset Limited and Texas 
Eagle, the IIJA requires the Federal Railroad Administration (FRA) to 
conduct a study to evaluate such opportunities. Amtrak will consult 
with and support the FRA on this important work. Prior to the 
completion of this work and any efforts to carry out any of the study's 
recommendations, I commit to maintaining the current level of service 
for these important routes and look forward to learning more about 
potential opportunities to expand long-distance service frequencies in 
Arizona and across the country once the study is complete.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Jacky Rosen to 
                           Anthony R. Coscia
    Northern Nevada Passenger Rail Service. Amtrak's California Zephyr 
line serves Northern Nevada and is a vital link to three communities in 
the state: Elko, Winnemucca, and Reno. The 84,000 travelers who travel 
on the line annually depend on the service, including many of our rural 
veterans and seniors who use Amtrak to access medical care in Reno. The 
Zephyr line also economically connects our rural communities with the 
growing Reno-Sparks metro area.
    The news has well-covered this summer's air travel challenges, but 
rail service has not been immune to delays and cancellations either. 
The California Zephyr line has experienced multiple-hour delays, with 
some customers arriving up to six hours late, leading to missed 
connections.
    And unlike on the East Coast, customers in the West have limited 
options along these routes to rebook after being delayed due to no 
fault of their own. Moreover, delays not only impact the public's time; 
they also have a significant economic impact on fuel, labor, and lost 
revenue.

    Question 1. To each of the nominees to the Amtrak Board, can I get 
a commitment from you to work to ensure people in Nevada, as well as 
other rural communities, have access to reliable passenger service? 
Specifically, how will you address the kinds of delays on long-distance 
lines we experienced this summer? Let's begin with Mr. Capozzi, then 
Mr. Coscia, Mr. Koos, Mr. Lathem, and finally Ms. Wiessmann.
    Answer. I support our long-distance service in Nevada and resolving 
the issue of delays is critical to the future of this service. 
Currently, not a single long-distance route is meeting the customer on-
time performance standards set by the FRA for these trains. Freight 
train interference is the most common cause of Amtrak delays. Congress 
required the freights, as the host railroad to much of Amtrak National 
Network services, to give Amtrak trains preference in dispatching over 
freight trains. In practice, this is unenforced by the Department of 
Justice, the agency with enforcement authority, creating abysmal on-
time performance on all Amtrak long-distance lines. Real enforcement is 
necessary for Amtrak trains to run on time and Amtrak is preparing to 
seek investigations into poor performance, as permitted by law. 
Additionally, the company continues to seek authority to pursue 
preference violations in court directly through changes in law. 
Finally, Amtrak requested cooperation from our hosts in identifying 
possible investment opportunities where legitimate capacity or 
infrastructure condition issues inhibit Amtrak performance. We are 
hopeful that such win-win partnerships can be developed to take 
advantage of the historic funding included in the IIJA for passenger 
rail.

    Question 2. I would also encourage and invite you to come out to 
Northern Nevada to hear from the residents of Winnemucca, Reno, and 
Elko first-hand about the importance of a reliable, functioning Zephyr 
line. Can I get your commitment that the Board will at some point in 
the next two years host a meeting in Northern Nevada to hear directly 
from my constituents? Let's begin with Mr. Capozzi and then go down the 
line again.
    Answer. I would be happy to visit Northern Nevada and hear from 
your constituents.

    Railroad Labor Shortage. As a result of the pandemic, Amtrak has 
been struggling to retain workers, making it difficult to recover and 
expand their services. In June, Amtrak received an $8 million grant 
from the Federal Railroad Association for a worker training program to 
improve their recruitment and retention. This funding will be used to 
launch a mechanical training program that will run over the next 3 
years in major hub cities like New York, Los Angeles, and Chicago.

    Question 1. To Mr. Coscia and Ms. Wiessmann, can you talk about how 
the board plans to use this funding to attract and retain new hires?
    Answer. Amtrak is already advancing a number of initiatives to 
attract new hires, including an employee referral program, sign-on 
bonuses, and relocation offerings, as well as a robust recruitment 
marketing strategy, military recruitment and engagement, school 
partnerships, dozens of hiring events across the country, internships, 
and retention programs. Regarding the Amtrak Mechanical Apprenticeship 
Program, we were recently awarded $8 million through the Federal 
Railroad Administration's Consolidated Rail Infrastructure and Safety 
Improvements (CRISI) grant program to support this effort. We 
anticipate the apprenticeship program will grow to include multiple 
crafts paths--including sheet metal workers and electricians.

    Question 2. And as a company with less than 20 percent of its 
workforce made up of women, how will Amtrak use this funding to attract 
and retain more women especially in skilled labor and trades whereas a 
whole they are woefully underrepresented?
    Answer. In addition to the initiatives above, Amtrak importantly 
focuses on diversity recruitment partnerships. We partner with multiple 
organizations to increase diversity, including National Society of 
Black Engineers (NSBE); Society of Women Engineers (SWE); Women in 
Technology; Association of Latino Professionals for America (ALPFA); 
Disability Engagement; and Campus Pride Alliance. Specifically, we 
launched a shop craft apprenticeship program, looking to train our own 
electricians, machinists, car repair personnel, sheet metal workers and 
boilermakers.
    As part of this initiative, we set a goal to increase women's 
representation in those skilled craft areas. I am happy to work with 
your office on this issue.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Ray Ben Lujan to 
                           Anthony R. Coscia
    Hiring. I would like to get some information from you on current 
hiring levels and efforts in New Mexico.

    Question 1. How many positions are currently filled in New Mexico, 
including engineers and station agents?

    Question 2. How many positions are currently open in New Mexico, 
including engineers and station agents, for Amtrak to be at full staff 
and to meet its current hiring goals?

    Question 3. How is Amtrak advertising open positions in New Mexico?
    Answer. As of September 15, 2022, Amtrak is currently seeking to 
fill two positions for customer service representatives in Raton, New 
Mexico. Currently, there are nine other open positions that are no 
longer advertised as they have candidates in the offer and background 
check stages. Those nine positions include four customer service 
representatives, two passenger conductor trainees, two passenger 
engineer trainees, one product line agent and three road foremen. Open 
positions are posted on careers.amtrak.com. Interested applicants can 
sort the careers page by state and department. We also post to job 
boards such as Indeed, LinkedIn, and Zip Recruiter and will consider 
local hiring events as needed to fill these positions in the coming 
Fiscal Year.

    Delays. I've heard from my constituents that there have been 
significant delays on the Southwest Chief line over the past year. 
According to Amtrak, only 7.3 percent of customers on the Southwest 
Chief line arrived at their destination on time in June of this year.
    To call this ``unreliable service'' is a severe understatement. If 
we want to increase ridership, improve, and expand long-distance rail--
a priority I believe we all share--the service MUST be reliable.

    Question 1. What are the primary causes of delays on Amtrak's long-
distance rail, and specifically on the Southwest Chief?

    Question 2. How often have equipment and mechanical issues been the 
cause of delays on the Southwest Chief over the past year?

    Question 3. How often have staffing and crew shortages been the 
cause of delays on the Southwest Chief over the past year?

    Question 4. What is Amtrak doing to reduce delays and improve on 
time performance?

    Question 5. In June, only 7.3 percent of Southwest Chief customers 
arrived to their destination on time. What is Amtrak's goal for on time 
performance for the Southwest Chief in June of 2023?
    Answer. I share your frustration with the on-time performance of 
our long-distance trains, and the Southwest Chief is no exception. In 
answer to all your questions in this section, freight train 
interference is the most common cause of Amtrak delays. Congress 
required freights, as the host railroad to much of Amtrak National 
Network service, to give Amtrak trains preference in dispatching over 
freight trains. In practice, this is rarely enforced, creating abysmal 
on-time performance on all Amtrak long-distance lines. Real enforcement 
is necessary for Amtrak trains to run on time.
    Amtrak mechanical and equipment failures resulted in only 6 percent 
of all delays to the Southwest Chief, while crew and system delays also 
accounted for another 6 percent of all delays. Amtrak is fully engaged 
in hiring and training more employees to better help with workforce 
issues--both onboard and in mechanical/yard facilities. The Chicago-
area, especially, is stretched thin with mechanical staff. This can 
lead to delays in turning around the inbound equipment and fixing 
mechanical issues. Chicago is a major Amtrak hub and where the 
Southwest Chief originates.
    Amtrak is engaged at all levels with BNSF, our primary host 
railroad for this route, to mitigate delays and improve passenger 
performance. However, over the most recent 12 months (Sep 21-Aug 22), 
host-responsible delays were nearly 70 percent of delays. The three 
largest causes of delay on the Southwest Chief are 1) freight train 
interference (31 percent of all delays), 2) slow orders (11 percent) 
and 3) signal delays (10 percent). Currently, the Southwest Chief is 
not meeting the minimum standard of 80 percent customer on-time 
performance established by the FRA. The customer on-time performance 
for the Southwest Chief was 40.4 percent in Q1 2022 and just 15.3 
percent in Q2 2022.
    I am eager to work with you and your staff to address this 
existential issue for long-distance service.

    Long-distance Rail & the Southwest Chief. I appreciate my colleague 
Senator Moran's advocacy for long-distance rail, including the 
Southwest Chief line that New Mexicans rely on to connect to the rest 
of the country. I also appreciate your commitments to improving and 
expanding long-distance rail if confirmed to this position.
    I was proud to support the Infrastructure Investment and Jobs Act, 
which included $66 billion in direct funding for passenger and freight 
rail repairs, safety, upgrades, and service expansion.
    This funding will help address years of underinvestment, including 
in our long-distance rail lines like the Southwest Chief. Over the past 
few years, equipment shortages and mechanical failures have 
increasingly led to delays and cancellations on Amtrak routes across 
the country, and it's long past time to invest in our long-distance 
rail network to upgrade and improve Amtrak's passenger rail car fleet.
    I'd like to hear more about each of your visions for our long-
distance rail network as you work to deploy funding from the 
Infrastructure Investment and Jobs Act.

    Question 1. What are the greatest issues facing our long-distance 
rail network right now, and what are the first steps that Amtrak should 
take to address those concerns?
    Answer. The largest issues facing long-distance include replacing 
the current aged fleet with a new long-distance fleet, hiring up to 
address workforce needs, making station improvements, enhancing the 
customer experience, and improving on-time performance. Amtrak is 
already addressing many of these concerns and IIJA provides much needed 
funding to help with capital investments. However, as I noted in my 
previous answer, freight train interference remains a significant 
concern for passenger trains.

    Question 2. If the funding in IIJA is not enough to bring all of 
the trains up to Amtrak's standard, how would you advise Amtrak to 
decide which trains and which lines get much-needed upgrades? Will it 
be based on ridership levels, age and standard of the current 
equipment, or other factors?
    Answer. We anticipate that the IIJA provides Amtrak sufficient 
funds to address the replacement of much of our aged equipment used for 
the services we provide today. However, this will, in part, depend on 
the availability and cost of American-sourced trains to replace the 
existing long-distance fleet, which will become clearer as we begin the 
procurement process. Beyond the near term, we will continue to seek 
annual appropriations and other funding sources for additional capital 
needs that the IIJA would not support.
                                 ______
                                 
  Response to Written Question Submitted by Hon. John Hickenlooper to 
                           Anthony R. Coscia
    Amtrak Front Range Rail. Board of Director nominees, as you are 
probably aware, the Bipartisan Infrastructure Law (BIL) authorized 
funds for the Federal-State Partnership for Intercity Passenger Rail 
program to expand Amtrak's intercity service routes, including $12 
billion for the National Network. This funding may be used to improve 
an existing corridor or build a brand-new passenger rail route.
    Amtrak's California Zephyr is an East-West route which passes 
through Colorado and connects our state to the West Coast and the 
Midwest. However, Colorado's Front Range currently lacks a North-South 
service route connecting Colorado's cities of Pueblo, Colorado Springs, 
and Denver to Cheyenne, Wyoming. The newly proposed Front Range 
Passenger Rail would provide additional economic opportunities and 
expand transit options for many communities along the proposed route.

    Question. Mr. Coscia, Mr. Capozzi, Mr. Koos, Ms. Wiessmann, and Mr. 
Lathem, if confirmed to the Board of Amtrak, how would you help ensure 
Amtrak's National Network routes meet the needs of Mountain West 
communities?
    Answer. Amtrak proposed a number of new routes and frequencies with 
its Amtrak Connects U.S. vision (www.amtrakconnectsus.com). Congress 
passed in the IIJA a new FRA Corridor ID program to identify new 
opportunities for corridor routes. States and other eligible entities 
should submit expressions of interest to FRA via the docket (https://
www.regulations.gov/docket/FRA-2022-0031) and work within new Federal 
programs to progress these route opportunities. The Front Range is an 
exciting opportunity, and I am eager to work with your staff on this 
potential service and other passenger rail issues important to 
Coloradans.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Roger Wicker to 
                           Anthony R. Coscia
    Question 1. The Amtrak Inspector General has warned that Amtrak 
lacks the management capacity for capital projects necessary to 
implement the historic level of funding from the bipartisan 
infrastructure law. The Gateway Development Commission recently delayed 
the projected completion of the Hudson Tunnel project by another three 
years, with the expected cost rising to over $14 billion as a result of 
market volatility and inflation. If confirmed again, will you engage 
with Amtrak executives and other stakeholders to ensure efficient 
project delivery and use of funding?
    Answer. Congress passed historic legislation in IIJA, a long 
overdue investment in passenger rail. With that new funding comes a 
great responsibility. The Board is working with management to ensure we 
deliver capital projects in an efficient and effective manner and that 
the company be a good steward of taxpayer investment. I have always 
expected this of everyone at Amtrak during my Chairmanship and will 
note that we recently established a new capital delivery team to help 
implement IIJA. If confirmed, I look forward to continuing to deliver 
these important projects for the Nation and the American taxpayer.

    Question 2. Please briefly describe your efforts as Amtrak Board 
Chairman to provide oversight of Amtrak's capital project management.
    Answer. On the Amtrak Board, I am a member of the Audit & Finance 
Committee. The Committee regularly reviews and approves capital 
projects that management recommends to advance Amtrak's state of good 
repair as well as infrastructure development and improvements. It 
retains oversight over the integrity of the company's financial 
reporting and the company's compliance with financial and accounting 
requirements; the company's financial policies, strategies, and capital 
structure; and the company's processes for identifying and managing its 
enterprise-level exposures.
    During my tenure as Chair, Amtrak has made significant investments 
in business process automation to streamline and standardize capital 
planning, budgeting, forecasting, fund source management, and 
reporting. These improvements provide transparency and actionable 
feedback to the management team on the performance of capital projects. 
The company also established a roadmap of technology, process, and 
workforce enhancements to support rapid growth of the capital project 
portfolio. As a part of the roadmap, Amtrak is implementing an 
enterprise project and portfolio management system to closely integrate 
project planning with project delivery and reporting. This system will 
allow the company to monitor and report on the financial performance of 
all federally funded projects, including those funded by IIJA, from 
inception through completion.
    In addition to the process improvements and technology investments, 
the Finance Department established a robust capital portfolio 
governance structure (including Capital Project Portfolio Review, 
capital deep dives, and Board change request dashboard). This provides 
the company's management team and Board of Directors with visibility 
into capital portfolio performance trends and enables an executive 
decision-making process to continuously manage the company's capital 
portfolio in response to changing market conditions.
    Following the enactment of the IIJA, the company's Finance 
Department established additional controls to ensure that all spending 
of IIJA funds is tracked and reported on timely and with full 
transparency. Periodic testing of IIJA-funded expenditures by the 
company's Internal Audit function will be performed. Reports on IIJA 
spending will be provided to the Audit & Finance Committee at each 
meeting.
    As Chair I also created a new department responsible for delivering 
large-scale, complex projects as efficiently and effectively as 
possible, and in compliance with all safety, regulatory, program 
management, and reporting requirements. This was an important step in 
preparing the company for effective IIJA implementation as we begin to 
repair or replace aged assets, such as fleets, stations, and other rail 
infrastructure.

    Question 3. Amtrak executive bonuses have been in the news 
recently. While incentives may be necessary to retain talented 
managers, they must also be measured and responsible given the 
substantial taxpayer subsidies Amtrak receives. Importantly, incentives 
must also be based on metrics that genuinely reflect the state of all 
Amtrak's service lines--without overlooking the long-distance backbone 
of the network. Will you commit to reviewing the metrics used for 
incentive payments and scrutinizing these bonuses for appropriateness, 
both in your current term of service and if confirmed again?
    Answer. Yes, I absolutely commit to reviewing the metrics used for 
incentive payments and providing appropriate scrutiny in my current 
position and if confirmed again.

    Question 4. Please briefly describe your thought process in 
awarding executive incentive payments during your time as Amtrak Board 
Chairman, especially after the service reductions and challenges 
beginning in 2020.
    Answer. At Amtrak, we know and understand that our workforce is a 
key factor to our success and that employee incentives are a valuable 
tool to recruit and retain the best talent. Congress expects Amtrak to 
improve service, increase productivity and maximize the use of our 
resources; Amtrak's incentive program for management employees supports 
achieving these outcomes.
    Without a competitive package, we will not attract the workforce we 
need to implement the IIJA or to repair and modernize our rail network 
as Congress intended.
    Since 2013, when Amtrak closed its defined benefit pension plan to 
new employees and made other benefit changes, Amtrak has used incentive 
plans to recognize performance. Any incentives awarded since 2013 have 
been offset by the changes to our retirement plans, with estimated 
savings of over $450 million.
    A December 2021 OIG report on Amtrak staffing challenges 
recommended developing meaningful solutions to address competitive 
barriers to attracting executive talent. Amtrak agreed and hired a 
consultant to review executive compensation and incentives on an annual 
basis. Nearly 100 percent of the market (based on publicly available 
data for similar industry, revenue, employee size) offer incentive 
plans and our plans are competitive with market. The company has not 
made any incentive payments without first meeting its financial target, 
and both Amtrak and individual employees must meet corporate and 
individual performance goals in order to earn any incentives.
    When the pandemic struck, Amtrak suspended our incentive program 
and implemented benefit reductions and mandatory pay cuts for 
management of up to 22 percent--expense reduction measures beyond what 
many public and private sector companies enacted to help sustain Amtrak 
during the pandemic. In fact, pay reductions for our executive team 
were larger and extended longer than our non-executive employees, with 
our top-level executives taking a 12-month reduction in base pay.

    Question 5. Will you commit to working to restore Gulf Coast 
passenger rail service between New Orleans and Mobile as expeditiously 
as possible, if confirmed again?
    Answer. I know how important this issue is to you and your 
constituents. If confirmed, I commit to working to restore Gulf Coast 
passenger rail service between New Orleans and Mobile. The people of 
the Gulf Coast deserve this critical service. It is a priority for me 
and Amtrak. I look forward to continuing to work with you and your 
staff to make it a reality.
                                 ______
                                 
      Response to Written Questions Submitted by Hon. Mike Lee to 
                           Anthony R. Coscia
    Question 1. If confirmed, what will your priorities be for Amtrak?
    Answer. If confirmed, my first priority will continue to be 
ensuring management is providing a safe transportation option for its 
customers and employees. As a Board Member, I also have an important 
fiduciary responsibility to the company, its growth and well-being, and 
to ensure Amtrak is a good steward of taxpayer investment. Finally, I 
am committed to expanding intercity passenger rail service where it 
makes sense as part of ensuring the United States has a globally 
competitive, growth-supporting, opportunity-creating, efficient and 
sustainable transportation network for the 21st century.

    Question 2. Amtrak was created as a ``for-profit'' corporation, but 
it's no secret that Amtrak (even before the COVID-19 pandemic) has 
struggled to bring in enough revenue to meet its operating expenses. 
Most recently, Amtrak's FY 2022 Statement of Operating Revenue and 
Expenditures noted a planned deficit of around $1.03 billion.

   In your view, should it be the goal of Amtrak to be self-
        sustaining without the need for government subsidies? If not, 
        why not?

   Should Amtrak continue unprofitable routes or services that 
        are unsustainable or should Congress be responsible for funding 
        unprofitable routes or services? If so, why?

   If confirmed, what solutions or proposals (outside of 
        pursuing government funding) will you seek to close this 
        deficit and restore fiscal responsibility?

    Answer. I believe passenger rail service is a necessary 
transportation option in this country, connecting many people in rural 
and suburban areas to the rest of the nation, and helping to support 
local and regional economies and businesses in a sustainable manner. 
Amtrak, through revenues and state support, was very close to breaking 
even on operating expenses at the beginning of 2020 and then the 
pandemic hit. We are still recovering from that significant loss but 
look forward to increasing our revenue each year going forward as we 
did leading up to 2020, as we also look to control costs and find new 
efficiencies.
    It is important to understand, however, that we do not aim to 
``break even'' for the sake of doing so, but instead look to achieve 
the mission set for us by Congress as prudently as possible and with 
only the amount of taxpayer support required to do so. This approach 
allows us to focus on recovering as much of the cost of the system as 
reasonably feasible from the direct users and beneficiaries and allows 
us to reinvest more of the general taxpayer's support into our capital 
needs. Capital needs are truly a significant portion of the cost of 
running a passenger railroad, particular a legacy system like Amtrak's 
with decades of deferred investments and old and declining assets.
    Once you factor in public investment in capital costs, no railroad 
in the world is truly profitable. Yet these systems create enormous 
value to the communities and societies they serve, which is why global 
investment in passenger rail is on the rise. As you know, nearly all 
modes of transportation receive some significant form of public 
investment, including highways, transit, and aviation. If confirmed, I 
would continue to ensure Amtrak is a good steward of taxpayer 
investment and that we run the business consistent with the mission and 
goals given to us by Congress.

    Question 3. 49 USC 24305 gives Amtrak the discretionary authority 
to provide ``food and beverage service on its trains.'' Recently, in 
Section 22208 of the IIJA Congress struck a revenue neutral requirement 
for the provision of such services.

   Should Amtrak provide food and beverage service on its 
        trains even if those services run a deficit? If so, why?

   Should the American taxpayer be on the hook for subsidizing 
        any unprofitable food and beverage service on Amtrak's trains?

    Answer. We aim to provide our customers with quality food and 
beverage services in a cost-effective way in support of our statutory 
mission and goals. Congress has made various directives related to food 
and beverage services over the years, and we will always follow the law 
and be good stewards of taxpayer investment. Most recently, the IIJA 
created Section 22208 to focus on customer experience across our 
network and establish a Food and Beverage Working Group to review our 
various services.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Maria Cantwell to 
                            Christopher Koos
    Amtrak's Workforce. Workforce issues threaten Amtrak's ability to 
restore service to pre-pandemic levels and effectively execute projects 
using the $22 billion for Amtrak that was included as part of the 
Bipartisan Infrastructure Law. The Amtrak Cascades has not been running 
trains to Vancouver, B.C. since the start of the pandemic despite the 
Canadian border being open for almost a year. This has left five 
communities in my Washington state without any rail service.

    Question 1. As a Board Member it will be your responsibility to set 
the company's priorities. Will you make addressing Amtrak's workforce 
issues a top priority if you are confirmed?
    Answer. If confirmed, I commit to making Amtrak's workforce a top 
priority.

    Question 2. Will you commit to holding Amtrak accountable for 
developing and implementing a workforce development plan that ensures 
the company is able to fully restore service to 10 routes nationwide 
that are not operating at pre-pandemic levels and prepares the company 
to expand service as encouraged in the bipartisan infrastructure law?
    Answer. If confirmed, I commit to holding Amtrak accountable for 
developing and implementing a workforce development plan as you outline 
above, consistent with Federal law and state partner participation 
where applicable.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Amy Klobuchar to 
                            Christopher Koos
    Amtrak's On-Time Performance. Many passengers consider on-time 
performance when choosing a mode of transportation. While Amtrak 
experienced its best operational performance ever in 2018, many long-
distance routes still suffer from poor on-time performance. A number of 
people in my state have written to me this summer to report their 
Amtrak trains being delayed by as much as ten hours. In 2020, only 58 
percent of Amtrak long-distance trains arrived at their stops on-time, 
while 86 percent of Northeast Corridor trains and 80 percent of state-
supported trains arrived on time.

    Question 1. Why are long-distance routes more likely to suffer from 
poor on-time performance than other routes?
    Answer. It's my understanding that freight train interference is 
the most common cause of Amtrak delays. Congress required freights, as 
the host railroad to much of Amtrak National Network service, to give 
Amtrak trains preference in dispatching over freight trains. In 
practice, this is rarely enforced, creating abysmal on-time performance 
numbers on Amtrak long-distance lines.

    Question 2. If confirmed, what will you do to improve Amtrak's on-
time performance?
    Answer. On-time performance for Amtrak long-distance trains is 
crucial. Real enforcement is necessary for Amtrak trains to run on 
time. Senator Durbin has introduced a bill to address these concerns, 
which Amtrak supports.
                                 ______
                                 
   Response to Written Question Submitted by Hon. Tammy Duckworth to 
                            Christopher Koos
    Chicago Union Station Access Project. Amtrak joined a diverse 
coalition in a recent MEGA grant application for the Chicago Union 
Station Access Project, which, if awarded, would transform Chicago 
Union Station and lay a foundation for better Amtrak service across the 
Midwest.
    In Illinois, this would mean reduced travel time from Chicago to 
Central and Southern Illinois and improved rail access to O'Hare. 
However, this project isn't just about Illinois. It would also improve 
tracks in Michigan and help Amtrak build toward better service across 
the region.
    Chicago is Amtrak's busiest station outside of the Northeast and is 
critical to the flow of passenger rail service across the Midwest. Many 
of Amtrak's routes through the Midwest run through Chicago. Service to 
Wisconsin, Minnesota, Indiana, Michigan, Missouri and Nebraska are all 
impacted by tracks that run through Chicago.

    Question. Can you explain why improvements into and out of Chicago 
are so critical to the region and why the Chicago Union Station Access 
Project is so important to passengers across the Midwest and around the 
country?
    Answer. I understand that Amtrak is working with the City of 
Chicago, the State of Illinois and Metra, the Chicago area commuter 
authority, to seek a grant under the Mega Program. I understand this 
would enable Amtrak to further advance the redevelopment of Amtrak's 
Chicago Union Station and create a better route into Union Station for 
two state-supported and two long-distance routes. If confirmed, I look 
forward to learning more about this proposal and working with you on 
this important issue for the City, the State and the Amtrak network.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Kyrsten Sinema to 
                            Christopher Koos
    Amtrak Investments in Infrastructure Investment and Jobs Act. I was 
proud to lead negotiations that resulted in the bipartisan 
Infrastructure Investment and Jobs Act (IIJA) becoming law. The IIJA 
provided $22 billion in grants for Amtrak over five years, including $6 
billion for the Northeast Corridor and $16 billion for the National 
Network. The IIJA also included $36 billion over five years for grants 
for Federal and state partnerships for intercity passenger rail, with 
stipulations that no more than $24 billion may be awarded to the 
Northeast Corridor and at least $12 billion must go towards projects on 
the National Network. Amtrak is also eligible to apply for other 
multimodal grant programs administered by Department of Transportation, 
including the National Project Assistance Program and Local and 
Regional Project Assistance Program.

    Question. What does Amtrak plan to accomplish system-wide with this 
significant investment in passenger rail infrastructure?
    Answer. It is my understanding that Amtrak initially plans to use 
the $22 billion to rehabilitate or replace old assets include new 
trainsets, new fleet (cars and locomotives), improved maintenance 
facilities, capital projects defined by the IIJA, ADA compliance, and 
matching funds for certain Federal grants, among other improvements. I 
look forward to working with the FRA as they initiate grant programs 
and funding in the coming years, as well as with our state and commuter 
partners, to address the needs across the system. If confirmed, I 
intend to get up to speed as quick as possible with these plans for the 
Amtrak system.

    Amtrak Expansion. Phoenix is the largest American city that does 
not have downtown Amtrak service. Residents in the Phoenix metropolitan 
area must currently travel nearly an hour south of Phoenix to the 
nearest Amtrak station in Maricopa to access Amtrak service. I was 
excited to see that Amtrak released a proposal in July 2021 that would 
expand Amtrak service in Arizona and create a new route between Tucson 
and Phoenix. This proposal has the support of a number of local mayors 
in Maricopa County and southern Arizona.

    Question. What are your thoughts on expanding Amtrak's system? What 
procedures will Amtrak use to consider new routes?
    Answer. If confirmed, I intend to learn as much as possible about 
the opportunities for expansion of the Amtrak system, as well as the 
FRA programs that may support such expansion. I would also be very 
interested to learn more about any potential opportunities in Arizona, 
including the route between Tucson and Phoenix that you mentioned, and 
to work with you and your staff.

    Commitment to National Network. I joined my colleague, Senator 
Moran, to request your support for Amtrak's national network, including 
the Southwest Chief, which serves three communities in northern 
Arizona. I was disappointed in your response to my and Senator Moran's 
letter, which did not appear to convey enthusiasm for the benefits of 
long distance service.
    Daily service on our national routes enables Americans living in 
communities large and small to access affordable transportation to 
reach their final destinations. In Arizona, the long distance service 
supports tourism, allows visitors to enjoy our national parks, and 
creates jobs.

    Question. Will you reaffirm your commitment to maintaining daily 
service on Amtrak's National Network, including the Southwest Chief, 
Sunset Limited, and Texas Eagle in Arizona?
    Answer. Yes, I reaffirm my commitment to long distance service, 
including daily service on the Southwest Chief. It is my understanding 
that pre-pandemic, the Sunset Limited/Texas Eagle segment that operates 
through Arizona only operated three times per week, and I commit to 
maintaining this level of service, and in fact, learning more about 
opportunities to increase it.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Jacky Rosen to 
                            Christopher Koos
    Northern Nevada Passenger Rail Service. Amtrak's California Zephyr 
line serves Northern Nevada and is a vital link to three communities in 
the state: Elko, Winnemucca, and Reno. The 84,000 travelers who travel 
on the line annually depend on the service, including many of our rural 
veterans and seniors who use Amtrak to access medical care in Reno. The 
Zephyr line also economically connects our rural communities with the 
growing Reno-Sparks metro area.
    The news has well-covered this summer's air travel challenges, but 
rail service has not been immune to delays and cancellations either. 
The California Zephyr line has experienced multiple-hour delays, with 
some customers arriving up to six hours late, leading to missed 
connections.
    And unlike on the East Coast, customers in the West have limited 
options along these routes to rebook after being delayed due to no 
fault of their own. Moreover, delays not only impact the public's time; 
they also have a significant economic impact on fuel, labor, and lost 
revenue.

    Question 1. To each of the nominees to the Amtrak Board, can I get 
a commitment from you to work to ensure people in Nevada, as well as 
other rural communities, have access to reliable passenger service? 
Specifically, how will you address the kinds of delays on long-distance 
lines we experienced this summer? Let's begin with Mr. Capozzi, then 
Mr. Coscia, Mr. Koos, Mr. Lathem, and finally Ms. Wiessmann.
    Answer. It's my understanding that freight train interference is 
the most common cause of Amtrak delays. Congress required freights, as 
the host railroad to much of Amtrak National Network service, to give 
Amtrak trains preference in dispatching over freight trains. In 
practice, this is rarely enforced, creating abysmal on-time performance 
on all Amtrak long-distance lines. Real enforcement is necessary for 
Amtrak trains to run on time.

    Question 2. I would also encourage and invite you to come out to 
Northern Nevada to hear from the residents of Winnemucca, Reno, and 
Elko first-hand about the importance of a reliable, functioning Zephyr 
line. Can I get your commitment that the Board will at some point in 
the next two years host a meeting in Northern Nevada to hear directly 
from my constituents? Let's begin with Mr. Capozzi and then go down the 
line again.
    Answer. I cannot speak to the Board's official schedule, but if 
confirmed, I would be happy to visit Northern Nevada and hear from your 
constituents.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Ray Ben Lujan to 
                            Christopher Koos
    Long Distance Rail & the Southwest Chief. I appreciate my colleague 
Senator Moran's advocacy for long-distance rail, including the 
Southwest Chief line that New Mexicans rely on to connect to the rest 
of the country. I also appreciate your commitments to improving and 
expanding long distance rail if confirmed to this position.
    I was proud to support the Infrastructure Investment and Jobs Act, 
which included $66 billion in direct funding for passenger and freight 
rail repairs, safety, upgrades, and service expansion.
    This funding will help address years of underinvestment, including 
in our long distance rail lines like the Southwest Chief. Over the past 
few years, equipment shortages and mechanical failures have 
increasingly led to delays and cancellations on Amtrak routes across 
the country, and it's long past time to invest in our long-distance 
rail network to upgrade and improve Amtrak's passenger rail car fleet.
    I'd like to hear more about each of your visions for our long-
distance rail network as you work to deploy funding from the 
Infrastructure Investment and Jobs Act.

    Question 1. What are the greatest issues facing our long-distance 
rail network right now, and what are the first steps that Amtrak should 
take to address those concerns?
    Answer. If confirmed, I plan to learn much more about these 
concerns. As I understand it today, the largest issues facing long-
distance include the need to replace current aged fleet with new long-
distance fleet, hiring up to address workforce needs, station 
improvements, enhancing the customer experience, and improving on-time 
performance, especially due to freight train interference. From what I 
know, Amtrak is already addressing many of these concerns and IIJA 
provides much needed funding to help with capital investments. It is my 
understanding that freight train interference remains a problem for 
passenger trains, and I look forward to working with you and your staff 
to learn more about this issue.

    Question 2. If the funding in IIJA is not enough to bring all of 
the trains up to Amtrak's standard, how would you advise Amtrak to 
decide which trains and which lines get much-needed upgrades? Will it 
be based on ridership levels, age and standard of the current 
equipment, or other factors?
    Answer. I don't know how Amtrak would make those decisions, but if 
confirmed, I hope to learn more about where Amtrak stands in applying 
IIJA investment to its fleet, stations and other infrastructure in the 
National Network.
                                 ______
                                 
  Response to Written Question Submitted by Hon. John Hickenlooper to 
                            Christopher Koos
    Amtrak Front Range Rail. Board of Director nominees, as you are 
probably aware, the Bipartisan Infrastructure Law (BIL) authorized 
funds for the Federal-State Partnership for Intercity Passenger Rail 
program to expand Amtrak's intercity service routes, including $12 
billion for the National Network. This funding may be used to improve 
an existing corridor or build a brand-new passenger rail route.
    Amtrak's California Zephyr is an East-West route which passes 
through Colorado and connects our state to the West Coast and the 
Midwest. However, Colorado's Front Range currently lacks a North-South 
service route connecting Colorado's cities of Pueblo, Colorado Springs, 
and Denver to Cheyenne, Wyoming. The newly proposed Front Range 
Passenger Rail would provide additional economic opportunities and 
expand transit options for many communities along the proposed route.

    Question. Mr. Coscia, Mr. Capozzi, Mr. Koos, Ms. Wiessmann, and Mr. 
Lathem, if confirmed to the Board of Amtrak, how would you help ensure 
Amtrak's National Network routes meet the needs of Mountain West 
communities?
    Answer. From what I know, Amtrak has proposed a number of new 
routes and frequencies with its Amtrak Connects U.S. 
(www.amtrakconnectsus.com) vision. Congress passed in the IIJA a new 
FRA Corridor ID program to identify new opportunities for corridor 
routes. States and other eligible entities should express their 
interest to FRA and work within new Federal programs to advance these 
route opportunities. I have heard that the Front Range is an exciting 
opportunity and I hope to learn more about it and work with you and 
your staff on issues important to Coloradans.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Roger Wicker to 
                            Christopher Koos
    Question 1. The Amtrak Inspector General has warned that Amtrak 
lacks the management capacity for capital projects necessary to 
implement the historic level of funding from the bipartisan 
infrastructure law. The Gateway Development Commission recently delayed 
the projected completion of the Hudson Tunnel project by another three 
years, with the expected cost rising to over $14 billion as a result of 
market volatility and inflation. If confirmed, how will you engage with 
Amtrak executives and other stakeholders to ensure efficient project 
delivery and use of funding?
    Answer. Congress passed historic legislation in IIJA, a long 
overdue investment in passenger rail. With that new funding comes a 
great responsibility. The Board must work with management to ensure we 
deliver capital projects in an efficient and effective manner and that 
the company be a good steward of taxpayer investment. It is my 
understanding that Amtrak recently established a new capital delivery 
team to help implement IIJA, and if confirmed, I look forward to 
learning more about how the company plans to deliver these important 
projects for the Nation.

    Question 2. Amtrak executive bonuses have been in the news 
recently. While incentives may be necessary to retain talented 
managers, they must also be measured and responsible given the 
substantial taxpayer subsidies Amtrak receives. Importantly, incentives 
must also be based on metrics that genuinely reflect the state of all 
Amtrak's service lines--without overlooking the long-distance backbone 
of the network. Will you commit to reviewing the metrics used for 
incentive payments and scrutinizing these bonuses for appropriateness, 
if confirmed?
    Answer. Yes, if confirmed, as a new Board member, I would be very 
interested in how Amtrak structures its pay for all management and 
agreement employees. Recruiting talent, being competitive in the 
transportation industry, and retaining talent in a company requires 
good incentives and investment in its workforce. I look forward to 
learning how Amtrak addresses these challenges.

    Question 3. Will you commit to working to restore Gulf Coast 
passenger rail service between New Orleans and Mobile as expeditiously 
as possible, if confirmed?
    Answer. I know how important this issue is to you and to your 
constituents. If confirmed, I look forward to working with you and your 
staff and learning more about the specifics about the Gulf Coast 
passenger rail service between New Orleans and Mobile. From what I 
understand, it does seem like a worthwhile endeavor and the people of 
the Gulf Coast do deserve this critical service, so I am very 
supportive of the concept and just need to learn more about the 
specifics.
                                 ______
                                 
      Response to Written Questions Submitted by Hon. Mike Lee to 
                            Christopher Koos
    Question 1. If confirmed, what will your priorities be for Amtrak?
    Answer. If confirmed, my first priority would always be to ensure 
management is providing a safe transportation option for its customers 
and employees. Beyond that, I look forward to learning more about the 
corporate structures, commercial business and operations, and other 
issues involving Amtrak. It is also important to note that as a Board 
Member I would have an important fiduciary responsibility to the 
company, its growth and well-being, and to ensure Amtrak is a good 
steward of taxpayer investment.

    Question 2. Amtrak was created as a ``for-profit'' corporation, but 
it's no secret that Amtrak (even before the COVID-19 pandemic) has 
struggled to bring in enough revenue to meet its operating expenses. 
Most recently, Amtrak's FY 2022 Statement of Operating Revenue and 
Expenditures noted a planned deficit of around $1.03 billion.

   In your view, should it be the goal of Amtrak to be self-
        sustaining without the need for government subsidies? If not, 
        why not?

   Should Amtrak continue unprofitable routes or services that 
        are unsustainable or should Congress be responsible for funding 
        unprofitable routes or services? If so, why?

   If confirmed, what solutions or proposals (outside of 
        pursuing government funding) will you seek to close this 
        deficit and restore fiscal responsibility?

    Answer. I believe passenger rail service is a necessary 
transportation option in this country, connecting many people in rural 
and suburban areas to the rest of the nation, and helping to support 
local and regional economies and businesses. It is my understanding 
that once you factor in public investment in capital costs, no railroad 
in the world is truly profitable. In addition, nearly all modes of 
transportation receive some form of public investment, including 
highways, transit and aviation. If confirmed, I would help ensure that 
the company is a good steward of taxpayer investment and that we run 
the business consistent with our Mission and Goals given to us by the 
U.S. Congress.

    Question 3. 49 USC 24305 gives Amtrak the discretionary authority 
to provide ``food and beverage service on its trains.'' Recently, in 
Section 22208 of the IIJA Congress struck a revenue neutral requirement 
for the provision of such services.

   Should Amtrak provide food and beverage service on its 
        trains even if those services run a deficit? If so, why?

   Should the American taxpayer be on the hook for subsidizing 
        any unprofitable food and beverage service on Amtrak's trains?

    Answer. If confirmed, I look forward to learning about this issue. 
I understand it is likely complex and involves many factors for 
consideration.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Maria Cantwell to 
                            Samuel E. Lathem
    Amtrak's Workforce. Workforce issues threaten Amtrak's ability to 
restore service to pre-pandemic levels and effectively execute projects 
using the $22 billion for Amtrak that was included as part of the 
Bipartisan Infrastructure Law. The Amtrak Cascades has not been running 
trains to Vancouver, B.C. since the start of the pandemic despite the 
Canadian border being open for almost a year. This has left five 
communities in my Washington state without any rail service.

    Question 1. As a Board Member it will be your responsibility to set 
the company's priorities. Will you make addressing Amtrak's workforce 
issues a top priority if you are confirmed?
    Answer. If confirmed, I commit to making Amtrak's workforce a top 
priority.

    Question 2. Will you commit to holding Amtrak accountable for 
developing and implementing a workforce development plan that ensures 
the company is able to fully restore service to 10 routes nationwide 
that are not operating at pre-pandemic levels and prepares the company 
to expand service as encouraged in the bipartisan infrastructure law?
    Answer. If confirmed, I commit to holding Amtrak accountable for 
developing and implementing a workforce development plan as you outline 
above, consistent with Federal law and state partner participation 
where applicable.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Kyrsten Sinema to 
                            Samuel E. Lathem
    Amtrak Investments in Infrastructure Investment and Jobs Act. I was 
proud to lead negotiations that resulted in the bipartisan 
Infrastructure Investment and Jobs Act (IIJA) becoming law. The IIJA 
provided $22 billion in grants for Amtrak over five years, including $6 
billion for the Northeast Corridor and $16 billion for the National 
Network. The IIJA also included $36 billion over five years for grants 
for Federal and state partnerships for intercity passenger rail, with 
stipulations that no more than $24 billion may be awarded to the 
Northeast Corridor and at least $12 billion must go towards projects on 
the National Network. Amtrak is also eligible to apply for other 
multimodal grant programs administered by Department of Transportation, 
including the National Project Assistance Program and Local and 
Regional Project Assistance Program.

    Question. What does Amtrak plan to accomplish system-wide with this 
significant investment in passenger rail infrastructure?
    Answer. It is my understanding that Amtrak initially plans to use 
the $22 billion to rehabilitate or replace old assets include new 
trainsets, new fleet (cars and locomotives), improved maintenance 
facilities, capital projects defined by the IIJA, ADA compliance, and 
matching funds for certain Federal grants, among other improvements. I 
look forward to working with the FRA as they initiate grant programs 
and funding in the coming years, as well as with our state and commuter 
partners, to address the needs across the system. If confirmed, I 
intend to get up to speed as quick as possible with these plans for the 
Amtrak system.

    Amtrak Expansion. Phoenix is the largest American city that does 
not have downtown Amtrak service. Residents in the Phoenix metropolitan 
area must currently travel nearly an hour south of Phoenix to the 
nearest Amtrak station in Maricopa to access Amtrak service. I was 
excited to see that Amtrak released a proposal in July 2021 that would 
expand Amtrak service in Arizona and create a new route between Tucson 
and Phoenix. This proposal has the support of a number of local mayors 
in Maricopa County and southern Arizona.

    Question. What are your thoughts on expanding Amtrak's system? What 
procedures will Amtrak use to consider new routes?
    Answer. If confirmed, I intend to learn as much as possible about 
the opportunities for expansion of the Amtrak system, as well as the 
FRA programs that may support such expansion. I would also be very 
interested to learn more about any potential opportunities in Arizona, 
including the route between Tucson and Phoenix that you mentioned, and 
to work with you and your staff.

    Commitment to National Network. I joined my colleague, Senator 
Moran, to request your support for Amtrak's national network, including 
the Southwest Chief, which serves three communities in northern 
Arizona. I was disappointed in your response to my and Senator Moran's 
letter, which did not appear to convey enthusiasm for the benefits of 
long distance service.
    Daily service on our national routes enables Americans living in 
communities large and small to access affordable transportation to 
reach their final destinations. In Arizona, the long distance service 
supports tourism, allows visitors to enjoy our national parks, and 
creates jobs.

    Question. Will you reaffirm your commitment to maintaining daily 
service on Amtrak's National Network, including the Southwest Chief, 
Sunset Limited, and Texas Eagle in Arizona?
    Answer. Yes, I reaffirm my commitment to long distance service, 
including daily service on the Southwest Chief. It is my understanding 
that pre-pandemic, the Sunset Limited/Texas Eagle segment that operates 
through Arizona only operated three times per week, and I commit to 
maintaining this level of service, and in fact, learning more about 
opportunities to increase it.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Jacky Rosen to 
                            Samuel E. Lathem
    Northern Nevada Passenger Rail Service. Amtrak's California Zephyr 
line serves Northern Nevada and is a vital link to three communities in 
the state: Elko, Winnemucca, and Reno. The 84,000 travelers who travel 
on the line annually depend on the service, including many of our rural 
veterans and seniors who use Amtrak to access medical care in Reno. The 
Zephyr line also economically connects our rural communities with the 
growing Reno-Sparks metro area.
    The news has well-covered this summer's air travel challenges, but 
rail service has not been immune to delays and cancellations either. 
The California Zephyr line has experienced multiple-hour delays, with 
some customers arriving up to six hours late, leading to missed 
connections.
    And unlike on the East Coast, customers in the West have limited 
options along these routes to rebook after being delayed due to no 
fault of their own. Moreover, delays not only impact the public's time; 
they also have a significant economic impact on fuel, labor, and lost 
revenue.

    Question 1. To each of the nominees to the Amtrak Board, can I get 
a commitment from you to work to ensure people in Nevada, as well as 
other rural communities, have access to reliable passenger service? 
Specifically, how will you address the kinds of delays on long-distance 
lines we experienced this summer? Let's begin with Mr. Capozzi, then 
Mr. Coscia, Mr. Koos, Mr. Lathem, and finally Ms. Wiessmann.
    Answer. It's my understanding that freight train interference is 
the most common cause of Amtrak delays. Congress required freights, as 
the host railroad to much of Amtrak National Network service, to give 
Amtrak trains preference in dispatching over freight trains. In 
practice, this is rarely enforced, creating abysmal on-time performance 
on all Amtrak long-distance lines. Real enforcement is necessary for 
Amtrak trains to run on time.

    Question 2. I would also encourage and invite you to come out to 
Northern Nevada to hear from the residents of Winnemucca, Reno, and 
Elko first-hand about the importance of a reliable, functioning Zephyr 
line. Can I get your commitment that the Board will at some point in 
the next two years host a meeting in Northern Nevada to hear directly 
from my constituents? Let's begin with Mr. Capozzi and then go down the 
line again.
    Answer. I cannot speak to the Board's official schedule, but if 
confirmed, I would be happy to visit Northern Nevada and hear from your 
constituents.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Ray Ben Lujan to 
                            Samuel E. Lathem
    Long Distance Rail & the Southwest Chief. I appreciate my colleague 
Senator Moran's advocacy for long-distance rail, including the 
Southwest Chief line that New Mexicans rely on to connect to the rest 
of the country. I also appreciate your commitments to improving and 
expanding long distance rail if confirmed to this position.
    I was proud to support the Infrastructure Investment and Jobs Act, 
which included $66 billion in direct funding for passenger and freight 
rail repairs, safety, upgrades, and service expansion.
    This funding will help address years of underinvestment, including 
in our long distance rail lines like the Southwest Chief. Over the past 
few years, equipment shortages and mechanical failures have 
increasingly led to delays and cancellations on Amtrak routes across 
the country, and it's long past time to invest in our long-distance 
rail network to upgrade and improve Amtrak's passenger rail car fleet.
    I'd like to hear more about each of your visions for our long-
distance rail network as you work to deploy funding from the 
Infrastructure Investment and Jobs Act.

    Question 1. What are the greatest issues facing our long-distance 
rail network right now, and what are the first steps that Amtrak should 
take to address those concerns?
    Answer. If confirmed, I plan to learn much more about these 
concerns. As I understand it today, the largest issues facing long-
distance include the need to replace current aged fleet with new long-
distance fleet, hiring up to address workforce needs, station 
improvements, enhancing the customer experience, and improving on-time 
performance, especially due to freight train interference. From what I 
know, Amtrak is already addressing many of these concerns and IIJA 
provides much needed funding to help with capital investments. It is my 
understanding that freight train interference remains a problem for 
passenger trains, and I look forward to working with you and your staff 
to learn more about this issue.

    Question 2. If the funding in IIJA is not enough to bring all of 
the trains up to Amtrak's standard, how would you advise Amtrak to 
decide which trains and which lines get much-needed upgrades? Will it 
be based on ridership levels, age and standard of the current 
equipment, or other factors?
    Answer. I don't know how Amtrak would make those decisions, but if 
confirmed, I hope to learn more about where Amtrak stands in applying 
IIJA investment to its fleet, stations and other infrastructure in the 
National Network.
                                 ______
                                 
  Response to Written Question Submitted by Hon. John Hickenlooper to 
                            Samuel E. Lathem
    Amtrak Front Range Rail. Board of Director nominees, as you are 
probably aware, the Bipartisan Infrastructure Law (BIL) authorized 
funds for the Federal-State Partnership for Intercity Passenger Rail 
program to expand Amtrak's intercity service routes, including $12 
billion for the National Network. This funding may be used to improve 
an existing corridor or build a brand-new passenger rail route.
    Amtrak's California Zephyr is an East-West route which passes 
through Colorado and connects our state to the West Coast and the 
Midwest. However, Colorado's Front Range currently lacks a North-South 
service route connecting Colorado's cities of Pueblo, Colorado Springs, 
and Denver to Cheyenne, Wyoming. The newly proposed Front Range 
Passenger Rail would provide additional economic opportunities and 
expand transit options for many communities along the proposed route.

    Question. Mr. Coscia, Mr. Capozzi, Mr. Koos, Ms. Wiessmann, and Mr. 
Lathem, if confirmed to the Board of Amtrak, how would you help ensure 
Amtrak's National Network routes meet the needs of Mountain West 
communities?
    Answer. From what I know, Amtrak has proposed a number of new 
routes and frequencies with its Amtrak Connects U.S. 
(www.amtrakconnectsus.com) vision. Congress passed in the IIJA a new 
FRA Corridor ID program to identify new opportunities for corridor 
routes. States and other eligible entities should express their 
interest to FRA and work within new Federal programs to advance these 
route opportunities. I have heard that the Front Range is an exciting 
opportunity and I hope to learn more about it and work with you and 
your staff on issues important to Coloradans.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Roger Wicker to 
                            Samuel E. Lathem
    Question 1. The Amtrak Inspector General has warned that Amtrak 
lacks the management capacity for capital projects necessary to 
implement the historic level of funding from the bipartisan 
infrastructure law. The Gateway Development Commission recently delayed 
the projected completion of the Hudson Tunnel project by another three 
years, with the expected cost rising to over $14 billion as a result of 
market volatility and inflation. If confirmed, how will you engage with 
Amtrak executives and other stakeholders to ensure efficient project 
delivery and use of funding?
    Answer. Congress passed historic legislation in IIJA, a long 
overdue investment in passenger rail. With that new funding comes a 
great responsibility. The Board must work with management to ensure we 
deliver capital projects in an efficient and effective manner and that 
the company be a good steward of taxpayer investment. It is my 
understanding that Amtrak recently established a new capital delivery 
team to help implement IIJA, and if confirmed, I look forward to 
learning more about how the company plans to deliver these important 
projects for the Nation.

    Question 2. Amtrak executive bonuses have been in the news 
recently. While incentives may be necessary to retain talented 
managers, they must also be measured and responsible given the 
substantial taxpayer subsidies Amtrak receives. Importantly, incentives 
must also be based on metrics that genuinely reflect the state of all 
Amtrak's service lines--without overlooking the long-distance backbone 
of the network. Will you commit to reviewing the metrics used for 
incentive payments and scrutinizing these bonuses for appropriateness, 
if confirmed?
    Answer. Yes, if confirmed, as a new Board member, I would be very 
interested in how Amtrak structures its pay for all management and 
agreement employees. Recruiting talent, being competitive in the 
transportation industry, and retaining talent in a company requires 
good incentives and investment in your workforce. I look forward to 
learning how Amtrak addresses these challenges.

    Question 3. Will you commit to working to restore Gulf Coast 
passenger rail service between New Orleans and Mobile as expeditiously 
as possible, if confirmed?
    Answer. I know how important this issue is to you and to your 
constituents. If confirmed, I look forward to working with you and your 
staff and learning more about the specifics about the Gulf Coast 
passenger rail service between New Orleans and Mobile. From what I 
understand, it does seem like a worthwhile endeavor and the people of 
the Gulf Coast do deserve this critical service, so I am very 
supportive of the concept and just need to learn more about the 
specifics.
                                 ______
                                 
      Response to Written Questions Submitted by Hon. Mike Lee to 
                            Samuel E. Lathem
    Question 1. If confirmed, what will your priorities be for Amtrak?
    Answer. If confirmed, my first priority would always be to ensure 
management is providing a safe transportation option for its customers 
and employees. Beyond that, I look forward to learning more about the 
corporate structures, commercial business and operations, and other 
issues involving Amtrak. It is also important to note that as a Board 
Member I would have an important fiduciary responsibility to the 
company, its growth and well-being, and to ensure Amtrak is a good 
steward of taxpayer investment.

    Question 2. Amtrak was created as a ``for-profit'' corporation, but 
it's no secret that Amtrak (even before the COVID-19 pandemic) has 
struggled to bring in enough revenue to meet its operating expenses. 
Most recently, Amtrak's FY 2022 Statement of Operating Revenue and 
Expenditures noted a planned deficit of around $1.03 billion.

   In your view, should it be the goal of Amtrak to be self-
        sustaining without the need for government subsidies? If not, 
        why not?

   Should Amtrak continue unprofitable routes or services that 
        are unsustainable or should Congress be responsible for funding 
        unprofitable routes or services? If so, why?

   If confirmed, what solutions or proposals (outside of 
        pursuing government funding) will you seek to close this 
        deficit and restore fiscal responsibility?

    Answer. I believe passenger rail service is a necessary 
transportation option in this country, connecting many people in rural 
and suburban areas to the rest of the nation, and helping to support 
local and regional economies and businesses. It is my understanding 
that once you factor in public investment in capital costs, no railroad 
in the world is truly profitable. In addition, nearly all modes of 
transportation receive some form of public investment, including 
highways, transit and aviation. If confirmed, I would help ensure that 
the company is a good steward of taxpayer investment and that we run 
the business consistent with our Mission and Goals given to us by the 
U.S. Congress.

    Question 3. 49 USC 24305 gives Amtrak the discretionary authority 
to provide ``food and beverage service on its trains.'' Recently, in 
Section 22208 of the IIJA Congress struck a revenue neutral requirement 
for the provision of such services.

   Should Amtrak provide food and beverage service on its 
        trains even if those services run a deficit? If so, why?

   Should the American taxpayer be on the hook for subsidizing 
        any unprofitable food and beverage service on Amtrak's trains?

    Answer. If confirmed, I look forward to learning about this issue. 
I understand it is likely complex and involves many factors for 
consideration.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Maria Cantwell to 
                           Robin L. Wiessmann
    Amtrak's Workforce. Workforce issues threaten Amtrak's ability to 
restore service to pre-pandemic levels and effectively execute projects 
using the $22 billion for Amtrak that was included as part of the 
Bipartisan Infrastructure Law. The Amtrak Cascades has not been running 
trains to Vancouver, B.C. since the start of the pandemic despite the 
Canadian border being open for almost a year. This has left five 
communities in my Washington state without any rail service.

    Question 1. As a Board Member it will be your responsibility to set 
the company's priorities. Will you make addressing Amtrak's workforce 
issues a top priority if you are confirmed?
    Answer. If confirmed, I commit to making Amtrak's workforce a top 
priority.

    Question 2. Will you commit to holding Amtrak accountable for 
developing and implementing a workforce development plan that ensures 
the company is able to fully restore service to 10 routes nationwide 
that are not operating at pre-pandemic levels and prepares the company 
to expand service as encouraged in the bipartisan infrastructure law?
    Answer. If confirmed, I commit to holding Amtrak accountable for 
developing and implementing a workforce development plan as you outline 
above, consistent with Federal law and state partner participation 
where applicable.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Kyrsten Sinema to 
                           Robin L. Wiessmann
    Amtrak Investments in Infrastructure Investment and Jobs Act. I was 
proud to lead negotiations that resulted in the bipartisan 
Infrastructure Investment and Jobs Act (IIJA) becoming law. The IIJA 
provided $22 billion in grants for Amtrak over five years, including $6 
billion for the Northeast Corridor and $16 billion for the National 
Network. The IIJA also included $36 billion over five years for grants 
for Federal and state partnerships for intercity passenger rail, with 
stipulations that no more than $24 billion may be awarded to the 
Northeast Corridor and at least $12 billion must go towards projects on 
the National Network. Amtrak is also eligible to apply for other 
multimodal grant programs administered by Department of Transportation, 
including the National Project Assistance Program and Local and 
Regional Project Assistance Program.

    Question. What does Amtrak plan to accomplish system-wide with this 
significant investment in passenger rail infrastructure?
    Answer. It is my understanding that Amtrak initially plans to use 
the $22 billion to rehabilitate or replace old assets include new 
trainsets, new fleet (cars and locomotives), improved maintenance 
facilities, capital projects defined by the IIJA, ADA compliance, and 
matching funds for certain Federal grants, among other improvements. I 
look forward to working with the FRA as they initiate grant programs 
and funding in the coming years, as well as with our state and commuter 
partners, to address the needs across the system. If confirmed, I 
intend to get up to speed as quick as possible with these plans for the 
Amtrak system.

    Amtrak Expansion. Phoenix is the largest American city that does 
not have downtown Amtrak service. Residents in the Phoenix metropolitan 
area must currently travel nearly an hour south of Phoenix to the 
nearest Amtrak station in Maricopa to access Amtrak service. I was 
excited to see that Amtrak released a proposal in July 2021 that would 
expand Amtrak service in Arizona and create a new route between Tucson 
and Phoenix. This proposal has the support of a number of local mayors 
in Maricopa County and southern Arizona.

    Question. What are your thoughts on expanding Amtrak's system? What 
procedures will Amtrak use to consider new routes?
    Answer. If confirmed, I intend to learn as much as possible about 
the opportunities for expansion of the Amtrak system, as well as the 
FRA programs that may support such expansion. I would also be very 
interested to learn more about any potential opportunities in Arizona, 
including the route between Tucson and Phoenix that you mentioned, and 
to work with you and your staff.

    Commitment to National Network. I joined my colleague, Senator 
Moran, to request your support for Amtrak's national network, including 
the Southwest Chief, which serves three communities in northern 
Arizona. I was disappointed in your response to my and Senator Moran's 
letter, which did not appear to convey enthusiasm for the benefits of 
long distance service.
    Daily service on our national routes enables Americans living in 
communities large and small to access affordable transportation to 
reach their final destinations. In Arizona, the long distance service 
supports tourism, allows visitors to enjoy our national parks, and 
creates jobs.

    Question. Will you reaffirm your commitment to maintaining daily 
service on Amtrak's National Network, including the Southwest Chief, 
Sunset Limited, and Texas Eagle in Arizona?
    Answer. Yes, I reaffirm my commitment to long distance service, 
including daily service on the Southwest Chief. It is my understanding 
that pre-pandemic, the Sunset Limited/Texas Eagle segment that operates 
through Arizona only operated three times per week, and I commit to 
maintaining this level of service, and in fact, learning more about 
opportunities to increase it.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Jacky Rosen to 
                           Robin L. Wiessmann
    Northern Nevada Passenger Rail Service. Amtrak's California Zephyr 
line serves Northern Nevada and is a vital link to three communities in 
the state: Elko, Winnemucca, and Reno. The 84,000 travelers who travel 
on the line annually depend on the service, including many of our rural 
veterans and seniors who use Amtrak to access medical care in Reno. The 
Zephyr line also economically connects our rural communities with the 
growing Reno-Sparks metro area.
    The news has well-covered this summer's air travel challenges, but 
rail service has not been immune to delays and cancellations either. 
The California Zephyr line has experienced multiple-hour delays, with 
some customers arriving up to six hours late, leading to missed 
connections.
    And unlike on the East Coast, customers in the West have limited 
options along these routes to rebook after being delayed due to no 
fault of their own. Moreover, delays not only impact the public's time; 
they also have a significant economic impact on fuel, labor, and lost 
revenue.

    Question 1. To each of the nominees to the Amtrak Board, can I get 
a commitment from you to work to ensure people in Nevada, as well as 
other rural communities, have access to reliable passenger service? 
Specifically, how will you address the kinds of delays on long-distance 
lines we experienced this summer? Let's begin with Mr. Capozzi, then 
Mr. Coscia, Mr. Koos, Mr. Lathem, and finally Ms. Wiessmann.
    Answer. It's my understanding that freight train interference is 
the most common cause of Amtrak delays. Congress required freights, as 
the host railroad to much of Amtrak National Network service, to give 
Amtrak trains preference in dispatching over freight trains. In 
practice, this is rarely enforced, creating abysmal on-time performance 
on all Amtrak long-distance lines. Real enforcement is necessary for 
Amtrak trains to run on time.

    Question 2. I would also encourage and invite you to come out to 
Northern Nevada to hear from the residents of Winnemucca, Reno, and 
Elko first-hand about the importance of a reliable, functioning Zephyr 
line. Can I get your commitment that the Board will at some point in 
the next two years host a meeting in Northern Nevada to hear directly 
from my constituents? Let's begin with Mr. Capozzi and then go down the 
line again.
    Answer. I cannot speak to the Board's official schedule, but if 
confirmed, I would be happy to visit Northern Nevada and hear from your 
constituents.

    Railroad Labor Shortage. As a result of the pandemic, Amtrak has 
been struggling to retain workers, making it difficult to recover and 
expand their services. In June, Amtrak received an $8 million grant 
from the Federal Railroad Association for a worker training program to 
improve their recruitment and retention. This funding will be used to 
launch a mechanical training program that will run over the next 3 
years in major hub cities like New York, Los Angeles, and Chicago.

    Question 1. To Mr. Coscia and Ms. Wiessmann, can you talk about how 
the board plans to use this funding to attract and retain new hires?
    Answer. I look forward to learning more about the specifics of the 
mechanical training program you reference. From what I understand, 
Amtrak is already advancing a number of initiatives to attract new 
hires, including an employee referral program, sign-on bonuses and 
relocation offerings, a robust recruitment marketing strategy, military 
recruitment and engagement, school partnerships, dozens of hiring 
events across the country, internships, and retention programs.

    Question 2. And as a company with less than 20 percent of its 
workforce made up of women, how will Amtrak use this funding to attract 
and retain more women especially in skilled labor and trades whereas a 
whole they are woefully underrepresented?
    Answer. In addition to the initiatives above, it is my 
understanding that Amtrak importantly focuses on diversity recruitment 
partnerships. I understand they partner with multiple organizations to 
increase their diversity, including National Society of Black Engineers 
(NSBE); Society of Women Engineers (SWE); Women in Technology; 
Association of Latino Professionals for America (ALPFA); Disability 
Engagement; and Campus Pride Alliance. If confirmed, I would be happy 
to work with your office on improving their outreach in this space.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Ray Ben Lujan to 
                           Robin L. Wiessmann
    Long Distance Rail & the Southwest Chief. I appreciate my colleague 
Senator Moran's advocacy for long-distance rail, including the 
Southwest Chief line that New Mexicans rely on to connect to the rest 
of the country. I also appreciate your commitments to improving and 
expanding long distance rail if confirmed to this position.
    I was proud to support the Infrastructure Investment and Jobs Act, 
which included $66 billion in direct funding for passenger and freight 
rail repairs, safety, upgrades, and service expansion.
    This funding will help address years of underinvestment, including 
in our long distance rail lines like the Southwest Chief. Over the past 
few years, equipment shortages and mechanical failures have 
increasingly led to delays and cancellations on Amtrak routes across 
the country, and it's long past time to invest in our long-distance 
rail network to upgrade and improve Amtrak's passenger rail car fleet.
    I'd like to hear more about each of your visions for our long-
distance rail network as you work to deploy funding from the 
Infrastructure Investment and Jobs Act.

    Question 1. What are the greatest issues facing our long-distance 
rail network right now, and what are the first steps that Amtrak should 
take to address those concerns?
    Answer. If confirmed, I plan to learn much more about these 
concerns. As I understand it today, the largest issues facing long-
distance include the need to replace current aged fleet with new long-
distance fleet, hiring up to address workforce needs, station 
improvements, enhancing the customer experience, and improving on-time 
performance, especially due to freight train interference. From what I 
know, Amtrak is already addressing many of these concerns and IIJA 
provides much needed funding to help with capital investments. It is my 
understanding that freight train interference remains a problem for 
passenger trains, and I look forward to working with you and your staff 
to learn more about this issue.

    Question 2. If the funding in IIJA is not enough to bring all of 
the trains up to Amtrak's standard, how would you advise Amtrak to 
decide which trains and which lines get much-needed upgrades? Will it 
be based on ridership levels, age and standard of the current 
equipment, or other factors?
    Answer. I don't know how Amtrak would make those decisions, but if 
confirmed, I hope to learn more about where Amtrak stands in applying 
IIJA investment to its fleet, stations and other infrastructure in the 
National Network.
                                 ______
                                 
  Response to Written Question Submitted by Hon. John Hickenlooper to 
                           Robin L. Wiessmann
    Amtrak Front Range Rail. Board of Director nominees, as you are 
probably aware, the Bipartisan Infrastructure Law (BIL) authorized 
funds for the Federal-State Partnership for Intercity Passenger Rail 
program to expand Amtrak's intercity service routes, including $12 
billion for the National Network. This funding may be used to improve 
an existing corridor or build a brand-new passenger rail route.
    Amtrak's California Zephyr is an East-West route which passes 
through Colorado and connects our state to the West Coast and the 
Midwest. However, Colorado's Front Range currently lacks a North-South 
service route connecting Colorado's cities of Pueblo, Colorado Springs, 
and Denver to Cheyenne, Wyoming. The newly proposed Front Range 
Passenger Rail would provide additional economic opportunities and 
expand transit options for many communities along the proposed route.

    Question. Mr. Coscia, Mr. Capozzi, Mr. Koos, Ms. Wiessmann, and Mr. 
Lathem, if confirmed to the Board of Amtrak, how would you help ensure 
Amtrak's National Network routes meet the needs of Mountain West 
communities?
    Answer. From what I know, Amtrak has proposed a number of new 
routes and frequencies with its Amtrak Connects U.S. 
(www.amtrakconnectsus.com) vision. Congress passed in the IIJA a new 
FRA Corridor ID program to identify new opportunities for corridor 
routes. States and other eligible entities should express their 
interest to FRA and work within new Federal programs to advance these 
route opportunities. I have heard that the Front Range is an exciting 
opportunity and I hope to learn more about it and work with you and 
your staff on issues important to Coloradans.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Roger Wicker to 
                           Robin L. Wiessmann
    Question 1. The Amtrak Inspector General has warned that Amtrak 
lacks the management capacity for capital projects necessary to 
implement the historic level of funding from the bipartisan 
infrastructure law. The Gateway Development Commission recently delayed 
the projected completion of the Hudson Tunnel project by another three 
years, with the expected cost rising to over $14 billion as a result of 
market volatility and inflation. If confirmed, how will you engage with 
Amtrak executives and other stakeholders to ensure efficient project 
delivery and use of funding?
    Answer. Congress passed historic legislation in IIJA, a long 
overdue investment in passenger rail. With that new funding comes a 
great responsibility. The Board must work with management to ensure we 
deliver capital projects in an efficient and effective manner and that 
the company be a good steward of taxpayer investment. It is my 
understanding that Amtrak recently established a new capital delivery 
team to help implement IIJA, and if confirmed, I look forward to 
learning more about how the company plans to deliver these important 
projects for the Nation.

    Question 2. Amtrak executive bonuses have been in the news 
recently. While incentives may be necessary to retain talented 
managers, they must also be measured and responsible given the 
substantial taxpayer subsidies Amtrak receives. Importantly, incentives 
must also be based on metrics that genuinely reflect the state of all 
Amtrak's service lines--without overlooking the long-distance backbone 
of the network. Will you commit to reviewing the metrics used for 
incentive payments and scrutinizing these bonuses for appropriateness, 
if confirmed?
    Answer. Yes, if confirmed, as a new Board member, I would be very 
interested in how Amtrak structures its pay for all management and 
agreement employees. Recruiting talent, being competitive in the 
transportation industry, and retaining talent in a company requires 
good incentives and investment in your workforce. I look forward to 
learning how Amtrak addresses these challenges.

    Question 3. Ms. Wiessmann, in the information you provided to the 
committee there is a reference to equity you have in certain railroads. 
Can you explain how you have addressed any potential conflicts of 
interest or the appearance of conflicts of interest, should you be 
confirmed? How would any resolution to those potential conflicts of 
interest impact your ability to participate in Amtrak Board of 
Directors proceedings?
    Answer. Amtrak and the Office of Government Ethics (OGE) have at 
all times been aware that I own equity in certain railroads. These 
interests were disclosed on my Form 450 Financial Disclosure Report. 
Amtrak's in-house ethics counsel reviewed this matter carefully before 
certifying to OGE that these outside interests do not, either as a 
matter of law or Amtrak ethics policy, preclude me from serving as an 
Amtrak Director. More specifically, Amtrak's Code of Business Conduct 
and Ethics requires Directors to disclose potential conflicts so they 
can be avoided through recusals or other mitigation measures as needed, 
but such conflicts or potential conflicts are not a general bar to 
service as a Director. In my situation, should a matter come before the 
Board in which my stock ownership or any other matter creates an 
actual, potential, or perceived conflict of interest, Amtrak's ethics 
counsel and Corporate Secretary would advise me and the other Directors 
about how best to avoid or mitigate the potential conflict, most likely 
through recusal from the Board matters at issue.

    Question 4. Will you commit to working to restore Gulf Coast 
passenger rail service between New Orleans and Mobile as expeditiously 
as possible, if confirmed?
    Answer. I know how important this issue is to you and to your 
constituents. If confirmed, I look forward to working with you and your 
staff and learning more about the specifics about the Gulf Coast 
passenger rail service between New Orleans and Mobile. From what I 
understand, it does seem like a worthwhile endeavor and the people of 
the Gulf Coast do deserve this critical service, so I am very 
supportive of the concept and just need to learn more about the 
specifics.
                                 ______
                                 
      Response to Written Questions Submitted by Hon. Mike Lee to 
                           Robin L. Wiessmann
    Question 1. If confirmed, what will your priorities be for Amtrak?
    Answer. If confirmed, my first priority would always be to ensure 
management is providing a safe transportation option for its customers 
and employees. Beyond that, I look forward to learning more about the 
corporate structures, commercial business and operations, and other 
issues involving Amtrak. It is also important to note that as a Board 
Member I would have an important fiduciary responsibility to the 
company, its growth and well-being, and to ensure Amtrak is a good 
steward of taxpayer investment.

    Question 2. Amtrak was created as a ``for-profit'' corporation, but 
it's no secret that Amtrak (even before the COVID-19 pandemic) has 
struggled to bring in enough revenue to meet its operating expenses. 
Most recently, Amtrak's FY 2022 Statement of Operating Revenue and 
Expenditures noted a planned deficit of around $1.03 billion.

   In your view, should it be the goal of Amtrak to be self-
        sustaining without the need for government subsidies? If not, 
        why not?

   Should Amtrak continue unprofitable routes or services that 
        are unsustainable or should Congress be responsible for funding 
        unprofitable routes or services? If so, why?

   If confirmed, what solutions or proposals (outside of 
        pursuing government funding) will you seek to close this 
        deficit and restore fiscal responsibility?

    Answer. I believe passenger rail service is a necessary 
transportation option in this country, connecting many people in rural 
and suburban areas to the rest of the nation, and helping to support 
local and regional economies and businesses. It is my understanding 
that once you factor in public investment in capital costs, no railroad 
in the world is truly profitable. In addition, nearly all modes of 
transportation receive some form of public investment, including 
highways, transit and aviation. If confirmed, I would help ensure that 
the company is a good steward of taxpayer investment and that we run 
the business consistent with our Mission and Goals given to us by the 
U.S. Congress.

    Question 3. 49 USC 24305 gives Amtrak the discretionary authority 
to provide ``food and beverage service on its trains.'' Recently, in 
Section 22208 of the IIJA Congress struck a revenue neutral requirement 
for the provision of such services.

   Should Amtrak provide food and beverage service on its 
        trains even if those services run a deficit? If so, why?

   Should the American taxpayer be on the hook for subsidizing 
        any unprofitable food and beverage service on Amtrak's trains?

    Answer. If confirmed, I look forward to learning about this issue. 
I understand it is likely complex and involves many factors for 
consideration.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Amy Klobuchar to 
                            Robert E. Primus
    Significant Rail Surface Disruption. We've been hearing from 
manufacturers, farmers, ranchers and energy producers about unreliable 
freight rail service, with doubling of trip times, increased rates, 
instances where scheduled trains did not arrive or were too full to 
load with product, and livestock operations that were forced to ration 
feed or find alternative feed options.

    Question. If confirmed for another term, how will you work to 
address these concerns?
    Answer. Senator Klobuchar, since mid-2020, our national supply 
chain has faced substantial pressure due to the enormous demand from 
domestic economic activity. Unfortunately, over the past sixteen 
months, our Nation's freight rail network has struggled to keep up with 
demand and, as a result, has not been able to provide the type of 
service its customers need and deserve. The network has subsequently 
experienced system-wide service disruptions and failures that have 
caused arduous shipping delays and imposed substantial added costs upon 
freight rail customers.
    Much of the service failures can be attributed to manpower and 
equipment shortfalls, and the Board has been actively engaged with 
stakeholders to develop workable solutions to increase the reliability 
and resiliency of our freight rail network. We have encouraged the 
Class Is to implement workforce decisions that would focus less on 
operating ratios and more on maintaining labor levels that can 
adequately handle the ebbs and flows of the national economy and 
customer demand. The Board also held a public hearing in Washington, 
DC, on April 26 and 27, 2022, to discuss the recent rail service 
problems and the adequacy of recovery efforts involving BNSF, CSXT, 
NSR, and UP, and has maintained ongoing oversight of the current 
service crisis. The Board also continues to rely on both its Rail 
Shipper Transportation Advisory Council and Rail Energy Transportation 
Advisory Committee, for stakeholder insight and perspective. And while 
I would rather see service problems resolved between the rail carriers 
and its shipping customers, I understand that Board intervention is 
sometimes warranted.
    Accordingly, I will work with my fellow Board members to develop 
workable solutions that will mitigate systemic service problems and 
ensure fluidity, efficiency, and balance throughout the network.

    Freight Rail Workforce and the Federal Railroad Administration. 
Freight railroads employ approximately 135,000 workers and support over 
1.1 million jobs. Precision scheduled railroad (PSR) operation model 
has led many of the Class I railroads to reduce their workforce by 
about 10 percent, cutting over 20,000 jobs between January 2019 to 
January 2020.

    Question. If confirmed, can you speak to ways you will help support 
the freight and rail workforce?
    Answer. Senator Klobuchar, without a doubt, our national freight 
rail network is the best the world has to offer. The strength of the 
network lies in its labor force and the thousands of individuals who 
work tirelessly to ensure that freight moves safely and efficiently 
from origin to destination. Recently, however, that strength has been 
eroded with the implementation of the Precision Scheduled Railroad 
model. Between 2018 and 2020, Class I railroads reduced their workforce 
by one-third, or 40,000 people. As a result, the network was left with 
a workforce that was stretched too thin and could not adequately handle 
the growing service demands of freight rail customers. This has led to 
severe service degradation and an over-worked and often demoralized 
labor force struggling to keep up.
    While we do not have jurisdiction over rail labor, the Board 
conducted public hearings related to service and invited labor to share 
its concerns about working conditions and attendance policies, and the 
Class I railroads to share its employment plans and efforts to recruit, 
hire, and retain its labor force. The Board has also impressed upon the 
Class Is the necessity of keeping workforce numbers at a level 
appropriate to handle the Nation's dynamic economic cycles. A strong 
and motivated workforce means a strong and efficient national rail 
network, and, if confirmed, I will continue to work to promote the 
success of this workforce.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Jacky Rosen to 
                            Robert E. Primus
    Investing in Rail Infrastructure. Mr. Primus, congratulations on 
being nominated to serve again as a member of the Surface 
Transportation Board. Through legislation like the Bipartisan 
Infrastructure Law that I helped write, Congress has made critical 
investments to improve transportation infrastructure across the 
country, creating new jobs, improving services, and supporting 
innovation. Making capital investments in rail will also enhance supply 
chain resiliency--safely and efficiently moving goods from ships to 
storefronts and lowering costs for American households. This is 
particularly important in landlocked states like Nevada, where goods 
that have been unloaded at coastal ports must travel hundreds of miles 
by rail and highway to reach their final destination.

    Question 1. Mr. Primus, as much of that capital comes from the 
private sector, can you describe what steps the STB is taking to 
encourage greater investment in the rail industry?
    Answer. Senator Rosen, thank you for the kind words and the well 
wishes. While the Board does not have direct oversight of the 
investment decisions of the railroads, I will work to encourage the 
railroads to invest more in their workforce and physical 
infrastructure. The strength of the rail network is in its labor force, 
and as the recent labor negotiations revealed, a strong, dedicated, and 
motivated rail labor force is a critically needed component of our 
national supply chain. Along with a strong labor force, I believe 
further investment is needed in our rail network's physical 
infrastructure. The demand for freight rail service amongst our 
Nation's various economic sectors is projected to grow over the coming 
decades and the Class Is will have important decisions to make 
concerning that growth.

    Question 2. With robust investment from both Congress and the 
private sector in the wake of the Bipartisan Infrastructure Law, what 
do you see as areas in rail that are still lacking sufficient resources 
or support?
    Answer. Senator Rosen, in my opinion, there is one area of rail 
that continues to lack sufficient resources and that is Amtrak's annual 
operating budget. Though the bipartisan Infrastructure Investment and 
Jobs Act included a record amount of funding for Amtrak, the funding is 
directed to be used primarily for infrastructure, equipment, and 
expanded rail service. Amtrak must still come to Congress annually to 
secure adequate funding for its operations. Consistently reliable 
operating funds are critical if Amtrak is going further expand and 
enhance the country's passenger rail network. Accordingly, I believe 
Congress should continue to look for ways to establish a dedicated 
source of funding to fully support the growing operational needs of 
Amtrak.
                                 ______
                                 
      Response to Written Questions Submitted by Hon. Mike Lee to 
                            Robert E. Primus
    Question 1. If confirmed to a new term as a member of the STB, what 
will be your key priorities?
    Answer. My key priority is to help to resolve the current service 
issues that are plaguing the rail network. The Board is currently 
requiring BNSF Railway Company, CSX Transportation, Inc., Norfolk 
Southern Railway Company, and Union Pacific Railroad Company to submit 
weekly, biweekly, and monthly information and data to the Board in 
order to track their recovery. To me another import aspect of improving 
rail service is improving the communications between the railroads and 
shippers. I have learned how important it is to shippers to have early 
and clear communication from the railroads in order to plan for any 
changes in rail service.

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

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

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

    Answer. I believe that agencies, whether through formal rules or 
otherwise, should always consider both benefits of proposed rules as 
well as the associated costs, and that costs should always be an 
important consideration when determining whether a rule should be 
adopted. As a Board Member, I understand that the potential effects of 
Board decisions could result in costs to certain stakeholders while 
resulting in benefits to others, and often these costs and benefits can 
be hard to measure or quantify. What is important to me is to use a 
balanced approach when regulating the industry and consideration of the 
costs and benefits is important.

    Question 3. When the Board considered major regulatory proposals, 
please explain your approach to deciding such a matter.
    Answer. Regulatory proposals can assist our stakeholders in their 
operational planning by letting them know what is expected of them in 
their day-to-day operation. My approach is to study the situation; 
determine whether I see a major problem that the Board should address; 
if so, listen to the interested parties who are dealing with the 
problem on the ground; and decide whether that problem can best be 
fixed by market forces, government intervention, or an appropriate mix 
of both. It is important to me that we hear from a broad range of 
stakeholders in order to allow the Board the opportunity to develop a 
full record. I am guided by the principles set forth the Rail 
Transportation Policy codified at 49 U.S.C. Sec. 10101.

    Question 4. When considering regulatory proposals, should the STB 
prioritize policies that allow market participants to freely compete 
without STB action? Or is the market more successful when the STB 
actively guides the market through regulatory action?
    Answer. In my regulatory approach, I of course follow the specific 
statutory directives set out in the Staggers Act and the ICC 
Termination Act. But in carrying out those directives, I am guided by 
the Rail Transportation Policy of 49 U.S.C. Sec. 10101. That policy 
favors market forces over Federal intervention ``to the maximum extent 
possible,'' but it also directs regulatory intervention in situations 
where there is an absence of effective competition. I carefully analyze 
each situation with which I am faced to determine whether there is 
sufficient competition to warrant a hands-off approach.

    Question 5. I would like to learn more about your views on the use 
of the STB's rulemaking power:

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

    Answer. When it is necessary to promulgate rules, I believe the 
Board should work within its statutory authority to address the matter 
at hand, as intended by Congress. In situations where there is no 
express authority for promulgating formal regulations, I am guided by 
the Rail Transportation Policy in 49 U.S. C. 10101.

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

    Answer. I do not believe the Board should make it a practice to use 
its rulemaking power to depart from legal precedents with which it 
disagrees. Our reasoned body of agency case law, as well as other legal 
precedent, give industry and stakeholders understanding and certainty 
as they make plans for their businesses.

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

    Answer. The Rail Transportation Policy favors market forces over 
Federal intervention ``to the maximum extent possible,'' but it also 
directs regulatory intervention in situations where there is an absence 
of effective competition. I carefully analyze each situation with which 
I am faced to determine whether there is sufficient competition to 
warrant a hands-off approach.

    Question 6. Should STB-sponsored private arbitration be encouraged 
over STB-directed dispute resolution? And what factors would guide your 
decision-making process in this regard?
    Answer. The Board prefers that parties settle their disputes 
without intervention, but when the parties are not able to reach an 
agreement, I believe that the Board should act to facilitate an 
agreement in the most efficient way possible. Additionally, the Board's 
Rail Customer and Public Assistance program provides an informal venue 
for the private-sector resolution of shipper-railroad disputes, and 
also assists Board stakeholders seeking guidance in complying with 
Board decisions and regulations.

    Question 7. The STB has long considered the issue of long-term 
railroad revenue adequacy, even considering proposals related to rate 
caps and revenue reductions based solely on a railroad earning returns 
on investment above its capital.

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

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

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

    Answer. I believe the Board should act within its statutory 
authority to provide rate relief to qualified shippers. Under 
Sec. 10101(6), the Board's policy is ``to maintain reasonable rates 
where there is an absence of effective competition and where rail rates 
provide revenues which exceed the amount necessary to maintain the rail 
system and to attract capital.'' The Board's regulatory approach is to 
ensure rates to captive shippers are consistent with those that would 
emerge were effective competition available, which I believe is 
consistent with the deregulatory goals set forth in the Staggers Rail 
Act. I do not believe there is a negative relationship between the 
effort to maintain such consistent rates with railroad investments and 
innovation.

    Question 8. The STB is often tasked with making decisions or 
authorizing certain actions when it is determined that the action or 
decision is in the ``public interest.''

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

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

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

    Answer. The ``public interest'' is a broad, yet not limitless 
consideration in the Board's decisions. In certain parts of our 
statutory authority, the concept of ``public interest'' is defined. For 
example, with respect to abandonments of rail lines, the statute 
requires that the Board's assessment of the public convenience and 
necessity must consider whether the abandonment would have a serious, 
adverse impact on rural and community development. In other areas where 
public interest is not expressly defined, I adhere to the principles 
laid out in the Rail Transportation Policy.

    Question 9. How do you reconcile or balance Amtrak's access to the 
freight rail network with the importance of a safe, efficient, and 
reliable freight rail service?
    Answer. I believe that the network can support safe, efficient, and 
reliable freight service while also supporting the same for Amtrak. I 
will continue to encourage both sides to work together to accomplish 
the appropriate dialog, scheduling, and planning that will allow both 
to provide the service the network requires and deserves. Under 49 
U.S.C. Sec. 24308(c), Amtrak has the right to preference over freight 
traffic, and under the Passenger Rail Inv. & Improvement Act of 2008, 
Pub. L. No. 110-432, 122 Stat. 4848, the Board has the responsibility 
to adjudicate issues of on-time performance.

    Question 10. The STB often conducts environmental reviews in 
proceedings, including the carrying out the requirements of the 
National Environmental Policy Act (NEPA).

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

    Answer. When the STB conducts environmental reviews, it is bound by 
the NEPA statute, the CEQ implementing regulations, the STB's 
environmental regulations at 49 C.F.R. Part 1105, and the case law 
interpreting NEPA. These four elements define what effects the STB must 
examine under NEPA.

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

    Answer. As the STB recently explained in the Uinta Basin rail 
construction case (Uinta) (Docket No. FD 36284), under Supreme Court 
precedent, agencies are generally not required to examine environmental 
effects that result from actions that are outside an agency's 
jurisdiction and control. See Department of Transp. v. Public Citizen, 
541 U.S. 752 (2004) (Public Citizen).
    However, agencies may examine other effects such as cumulative 
effects, which are effects of other past, present, and reasonably 
foreseeable future actions that may be outside the agencies' 
jurisdiction but affect the same resources as the action before an 
agency.

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

    Answer. The purpose and need of the applicant often defines the 
scope of the alternatives that the Board considers in its environmental 
reviews. Therefore, the alternatives considered will typically be 
within the STB's jurisdiction.

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

    Answer. Reasonable foreseeability is part of, and subsumed in, the 
proximate cause analysis. Proximate cause also takes into account other 
considerations such as the nature and length of the causal chain. In 
Uinta, the STB relied on the Supreme Court's decision in Public 
Citizen, finding that agencies are required to examine environmental 
effects only where there is a reasonably close causal relationship 
between the environmental effect and the alleged cause, analogous to 
the doctrine of proximate cause from tort law. See Public Citizen, 541 
U.S. at 767 (citing Metropolitan Edison Co. v. People Against Nuclear 
Energy, 460 U.S. 766, 774 (1983)).

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

    Answer. Under the current CEQ regulations, agencies are required to 
look at both ``direct'' and ``indirect'' effects, as well as 
``cumulative'' effects. The STB must comply with the applicable CEQ 
regulations in conducting its environmental reviews.

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