- NOMINATIONS TO THE AMTRAK BOARD OF DIRECTORS

[Senate Hearing 118-783]
[From the U.S. Government Publishing Office]

S. Hrg. 118-783

NOMINATIONS
TO THE AMTRAK BOARD OF DIRECTORS

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

HEARING

before the

COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE

ONE HUNDRED EIGHTEENTH CONGRESS

SECOND SESSION

__________

SEPTEMBER 11, 2024

__________

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

[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

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

______

U.S. GOVERNMENT PUBLISHING OFFICE

63-345 PDF WASHINGTON : 2026

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

ONE HUNDRED EIGHTEENTH CONGRESS

SECOND SESSION

MARIA CANTWELL, Washington, Chair
AMY KLOBUCHAR, Minnesota TED CRUZ, Texas, Ranking
BRIAN SCHATZ, Hawaii JOHN THUNE, South Dakota
EDWARD MARKEY, Massachusetts ROGER WICKER, Mississippi
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 TED BUDD, North Carolina
BEN RAY LUJAN, New Mexico ERIC SCHMITT, Missouri
JOHN HICKENLOOPER, Colorado J. D. VANCE, Ohio
RAPHAEL WARNOCK, Georgia SHELLEY MOORE CAPITO, West Virginia
PETER WELCH, Vermont CYNTHIA LUMMIS, Wyoming

Lila Harper Helms, Staff Director
Melissa Porter, Deputy Staff Director
Jonathan Hale, General Counsel
Brad Grantz, Republican Staff Director
Nicole Christus, Republican Deputy Staff Director
Liam McKenna, General Counsel

C O N T E N T S

----------
Page
Hearing held on September 11, 2024............................... 1
Statement of Senator Cantwell.................................... 1
Statement of Senator Schmitt..................................... 2
Statement of Senator Hickenlooper................................ 57
Statement of Senator Fischer..................................... 59
Statement of Senator Markey...................................... 61
Statement of Senator Moran....................................... 63
Statement of Senator Peters...................................... 64
Statement of Senator Welch....................................... 66
Statement of Senator Klobuchar................................... 68
Statement of Senator Blackburn................................... 70
Statement of Senator Lujan....................................... 75

Witnesses

David Capozzi, Nominee to be a Director, Amtrak Board of
Directors...................................................... 4
Prepared statement........................................... 5
Biographical information..................................... 6
Samuel Lathem, Nominee to be a Director, Amtrak Board of
Directors...................................................... 16
Prepared statement........................................... 17
Biographical information..................................... 18
Ronald Batory, Nominee to be a Director, Amtrak Board of
Directors...................................................... 23
Prepared statement........................................... 24
Biographical information..................................... 25
Elaine Clegg, Nominee to be a Director, Amtrak Board of Directors 32
Prepared statement........................................... 33
Biographical information..................................... 34

Appendix

Response to written questions submitted to David Capozzi by:
Hon. Tammy Duckworth......................................... 79
Hon. Raphael Warnock......................................... 80
Hon. Shelley Moore Capito.................................... 81
Response to written questions submitted to Samuel Lathem by:
Hon. Tammy Duckworth......................................... 82
Hon. Raphael Warnock......................................... 82
Hon. Ted Cruz................................................ 83
Hon. Shelley Moore Capito.................................... 85
Response to written questions submitted to Ronald Batory by:
Hon. Tammy Duckworth......................................... 85
Hon. Raphael Warnock......................................... 86
Hon. Shelley Moore Capito.................................... 87
Response to written questions submitted to Elaine Clegg by:
Hon. Tammy Duckworth......................................... 87
Hon. Raphael Warnock......................................... 88
Hon. Shelley Moore Capito.................................... 89

NOMINATIONS
TO THE AMTRAK BOARD OF DIRECTORS

----------

SEPTEMBER 11, 2024

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], Klobuchar, Markey,
Peters, Baldwin, Tester, Lujan, Hickenlooper, Warnock, Welch,
Schmitt, Thune, Fischer, Moran, Blackburn, and Budd.

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

The Chair. Good morning. The Commerce Committee will come
to order. Today, we are having a hearing for the nomination of
Amtrak Board members. Before we begin, though, I want to
acknowledge the solemn anniversary of the September 11th
attacks. Yesterday, President Biden issued a White House
Proclamation declaring September 11, 2024, as Patriot Day, a
national day of service and remembrance.
On this day, we remember the innocent victims our Nation
lost now 23 years ago. The Commerce Committee is here to meet
to consider four of the President's nominees for Amtrak's Board
of Directors.
Amtrak is in the midst of one of the most significant
transformations since it was founded over 50 years ago thanks
to the bipartisan infrastructure law. While President Biden may
be the company's most high profile supporter, I want to
acknowledge members on both sides of the aisle here who
continue to work on supporting Amtrak, holding the company
accountable and ensuring our constituents get the services they
deserve.
The company is working to improve and grow its services.
This year, ridership is on track to exceed pre-COVID levels,
and so far this year it has returned the Northeast Corridor to
operating in the black, making more in ticket sales than it
costs to operate, and the company's service options are also
growing.
At the end of last year, the Amtrak added two round trips
to the Cascades service between Seattle and Portland and made
the Amtrak Borealis a new state-supported route, began service
between Chicago and Saint Paul.
And just last week, DOT announced Amtrak would receive a
$64 million fund to advance high speed rail projects between
Dallas and Houston. That is just one of the 69 new passenger
rail borders in 44 states that the Federal Railroad
Administration is working to develop in coordination with
Amtrak.
But despite these successes, challenges remain. In the wake
of the DuPont derailment in the State of Washington, I worked
to require FRA to conduct an in-depth safety assessment of
Amtrak. In 2022, FRA found 30 areas where Amtrak could improve.
And while Amtrak has work to complete 13 of those
recommendations, more work needs to be done.
The company also needs to significantly quicken its pace to
become compliant with the Americans With Disabilities Act, as
documented by the Amtrak Inspector General report. I want to
thank my colleague, Senator Duckworth, for her work on that
issue.
This is the role of the Amtrak Board, to ensure that Amtrak
is meeting the needs of American's transportation system and
using taxpayer dollars wisely. Whether it is wise and effective
infrastructure investment and ensuring that safety remains the
top priority, it is the job of these Board members to make sure
these issues are addressed.
I especially want to thank my colleague, Senator Tester,
for leading the fight to ensure that the Biden Administration
nominated individuals from the West. Thanks to his efforts, the
nominees here today and the most recent nominee announced this
week bring a broad geographic representation that is much
needed.
Shortly, we will hear from the four President's nominees
from the Amtrak Board of Directors. David Capozzi of Maryland.
Am I saying that right, Capozzi? Who has dedicated his career
to advocating for people with disabilities, including veterans.
And as I mentioned, Senator Duckworth fought so hard on this in
the infrastructure bill.
Samuel Lathem of Delaware, who was a local labor leader and
has extensive experience serving on public boards. Thank you.
And Ron Batory. Is that right, Mr. Batory? Of Santa Fe, New
Mexico, who has had a long career in private rail industry,
including serving as the head of the FRA Administration under
President Trump.
And Elaine Clegg, who is from Boise, Idaho, who spent over
20 years of public service in local government, including
current role as Executive Director of the Valley Regional
Transit, which serves 650,000 people.
So I look forward to hearing from all of you and your
priorities, should you be confirmed, on ways to improve Amtrak
and hold the agency organization accountable. Now, I want to
turn to Ranking Member Schmitt who is filling in today for
Senator Cruz. Thank you, Senator Schmitt.

STATEMENT OF HON. ERIC SCHMITT,
U.S. SENATOR FROM MISSOURI

Senator Schmitt. Thank you, Chair Cantwell. I want to thank
the nominees for being here today. We are here to consider four
nominees to Amtrak's Board of Directors. I am particularly
grateful to Mr. Batory for his willingness to be a member of
the Amtrak Board. With over 45 years of experience in the
railroad industry, he would be a very valuable addition to the
Board.
Mr. Batory was the Administrator of the Federal Railway
Administration during the final push to implement the railroad
safety system known as Positive Train Control, or PTC, which
can help prevent a derailment or other incidents from
overspeed.
When Mr. Batory came to FRA in 2018, only one-quarter of
passenger rail route miles had fully implemented PTC. By the
time he left the agency, Mr. Batory had gotten PTC compliance
to 100 percent. He held hundreds of meetings with railroads and
suppliers to make sure that every railroad met the deadline by
the end of 2020.
Mr. Batory is a proven leader who will bring a deep
knowledge of railroading to the Amtrak Board. I will turn
briefly to three issues that Republicans have raised
previously. First, the Republican Board must fairly represent
the interests of all Americans. Federal law allows no more than
four of the Board's eight members to be from states along the
Northeast Corridor.
Last year, several Republican committee members noted that
the Biden-Harris Administration had nominated too few Amtrak
Board nominees from the Northeast--or too many, I should say,
from the Northeast.
The White House finally publicly committed to correcting
this illegal and improper geographic imbalance. While I think
there is more work to be done to include representation from
areas such as the Midwest, where I hail from, I know several
members of this committee are glad the White House has paid
more attention to the law this time around.
Second, the Amtrak Board must be more transparent and
reasonable in its award of bonuses. Amtrak paid $75 million in
bonuses last Fiscal Year, when the company received over $11
billion in Federal funding awards and posted a net loss of
$1.75 billion.
After learning of this, Senators Fischer and Cruz wrote to
Chairman Casa--I am sorry, Coscia, to demand more
accountability. Americans back home may find it shocking to
know that 14 Amtrak executives got bonuses in excess of
$200,000 after nearly a $2 billion loss. Amtrak promptly
committed to publicly posting bonuses following this letter.
But the Government's passenger railroad must achieve better
financial metrics and make more responsible use of taxpayer
subsidies. I hope each of the nominees here today are willing
to closely scrutinize future bonuses, particularly large sums
for senior executives when Amtrak's financial performance has
been poor.
The third issue I want to raise to discuss is the
spectacularly expensive Gateway Program between Newark and New
York City that Amtrak is involved in. Gateway includes the
Hudson Tunnel Project, which has now been awarded Federal
funding to cover roughly three-quarters of its staggering cost
of more than $15 billion.
The Gateway Program cannot continue to balloon in cost. The
$37 billion estimated total must not become $50 billion or $60
billion. Having an Amtrak Board of Directors that provides
effective oversight and demands accountability is more
important than ever.
I am eager to hear about the qualifications and vision that
Mr. Batory, Mr. Capuzzi--Capozzi? All right. Thank you--sorry.
Ms. Clegg and Mr. Lathem have for responsibly managing our
country's national passenger railroad.
Amtrak faces many difficult challenges ahead, including
some of which I just described, and it is going to take
skilled, experienced leadership on the Board to address those
challenges. Thank you, Madam Chair.
The Chair. Thank you, Senator Schmidt. Mr. Capozzi, we will
start with you. Again, thank you to all the nominees for your
willingness to serve.

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

Mr. Capozzi. Thank you. Thank you, Chair Cantwell, Senator
Schmitt. I am honored to be here today as a nominee for
Amtrak's Board of Directors. I am joined here with my wife,
Patti, and last month, we celebrated our 40th wedding
anniversary. So, congratulations to Patti.
If confirmed, I will be the first person to fulfill the
requirement in the Infrastructure Investment and Jobs Act that
Amtrak's Board include at least one person with a disability
who has a demonstrated history of, or experience with
accessibility in passenger rail. I am the right person for that
job.
For over 35 years, I have worked to make transportation
more accessible for people with disabilities. I was a member of
the legal team for the disability community that helped craft
the Americans With Disabilities Act.
I testified in support of its passage before a House
committee, and following the ADA's enactment, I chaired the
Department of Transportation's Advisory Committee that provided
recommendations for DOT's proposed ADA regulations.
From 2008 until I retired from the Federal Government in
2020, I served as Executive Director of the U.S. Access Board,
the Federal agency whose mission is accessibility for people
with disabilities. There, I led the development of guidelines
and standards to implement the ADA and other Federal laws
relating to accessibility.
This included updating the requirements that apply to rapid
light commuter intercity and high speed rail systems. I will
bring my many years of experience to the Amtrak Board, both in
Federal Government service and with nonprofit organizations, in
addressing rail and other public transportation accessibility
issues.
I will also bring my commitment to ensure that Amtrak makes
accessibility one of its highest priorities. Now, thanks to the
Administration and Congress, there are unprecedented levels of
funding for Amtrak, providing the opportunity to advance the
vision of an expanded, improved, and accessible intercity
passenger rail network.
I am particularly excited to be nominated to Amtrak's Board
at this time and to support Amtrak's efforts to fulfill its ADA
obligations. But today, only about a third of the nearly 400
stations for which Amtrak has or shares ADA responsibility meet
the law's requirements. As part of a 2020 settlement with the
Department of Justice, Amtrak made commitments to bring these
stations into compliance with the law.
As a member of Amtrak's Board, one of my areas of focus
will be in providing leadership and attention in fulfilling
Amtrak's obligations under the ADA and the DOJ settlement
agreement. Of particular importance is ensuring that the new
long distance equipment Amtrak plans to order within the next
year meets or exceeds the ADA's requirements.
Since passenger 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.
I intend to work to ensure that happens. As an advocate for
the disability community and later in my Federal Government
service, I have spent my career helping to develop the
accessibility laws, regulations, and guidelines that apply to
Amtrak.
Serving on its Board will enable me to oversee the
implementation of those policies and help ensure that people
with disabilities can travel without obstacles wherever they
want to go by Amtrak.
Thank you for your consideration of my nomination, and I
will be happy to answer any questions. And if confirmed, I look
forward to working cooperatively with the Committee.
[The prepared statement and biographical information of Mr.
Capozzi follow:]

Prepared Statement of David Capozzi, Nominee to be a Director,
Amtrak Board of Directors
Chair Cantwell, Ranking Member Cruz, 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. 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 that job. For over 35 years, I have
worked to make rail transportation more accessible to individuals with
disabilities. I was a member of the legal team for the disability
community that helped Congress craft the Americans with Disabilities
Act, or ADA. I testified in support of its passage before the House
Committee of jurisdiction. Following the ADA's enactment, I chaired the
committee formed by the Urban Mass Transit Administration, today the
Federal Transit Administration, which developed the Department of
Transportation's proposed rule to implement the ADA.
From 1985 to 1989, I served as Associate Advocacy Director and
National Advocacy Director for the Paralyzed Veterans of America.
Subsequently, I spent three years as Vice President of Advocacy for
Easterseals. There, 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 I retired from the Federal
government 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 relating to disability. This included updating the
accessibility guidelines that apply to commuter, intercity, and high-
speed rail systems.
I will bring to the Amtrak Board my many years of experience, both
outside of and within the Federal government, in accessibility issues
involving rail and other public transportation. I will also bring my
passion for ensuring that Amtrak makes accessibility one of its highest
priorities, and the positive relationships I have developed with a wide
range of groups representing the transit and disability communities.
The IIJA provides unprecedented levels of funding for Amtrak and
intercity passenger rail. It gives Amtrak and its stakeholders the
opportunity to advance the vision of an expanded and improved--and
accessible--intercity passenger rail network. Because I have long
shared that vision, I am particularly excited to be nominated to
Amtrak's Board at this time, and to support its efforts to achieve
those objectives and fulfill its ADA obligations.
Today, only about a third of the nearly 400 stations for which
Amtrak has or shares ADA responsibility comply with the ADA. As part of
a 2020 settlement with the Department of Justice, Amtrak made
commitments to bring these stations into compliance. 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.
Of particular importance is ensuring that the new long-distance
equipment Amtrak plans to order within the next year meets and exceeds
the requirements of the ADA. 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. I intend to ensure that happens.
As an advocate for the disability community and later in my Federal
government service, I have spent my career helping to develop the
accessibility laws, regulations, and guidelines that apply to Amtrak.
Serving on Amtrak's Board of Directors would enable me to oversee their
implementation, and to help ensure that individuals with disabilities
can travel without obstacles wherever they want to go by Amtrak. I
welcome that opportunity.
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 (original date of
nomination).
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: 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 (retired); David Matthew Capozzi--31;
Megan Marie Capozzi--28; Margaret Ann Capozzi--28; Michael
Elias Capozzi--28.

Tennessee Technological University
September 1976-December 1976
(No degree; stopped attending after car accident on January 2,
1977 that resulted in my spinal cord injury; spent 7 months in
hospitals)

State University of New York at Buffalo
September 1978-May 1982
Bachelor of Arts--May 1982

State University of New York at Buffalo Law School
September 1982-May 1985
Juris Doctor--May 1985

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

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

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

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

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

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 after 18 years of age.

Mayor's Advisory Council--Project for Community Handicapped
Integration Program, Advisory Council Member, Buffalo, NY,
January 1981-April 1982

Montgomery County Commission for People with Disabilities,
Commission Member, Rockville, MD, August 1989-June 1991

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.

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

Advisory Committee Member, Mobility Fitness, Atherton, CA,
July 2020 to present

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

Program Committee Member, Access Living, Chicago, IL,
September 2020 to present

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

Biden-Harris Policy Volunteer. August-October 2020

12. Please list each membership you have had after 18 years of age
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.

The Disability Law Reporter Service, Prentice Hall Law &
Business, Editorial Board Member, January 1991-January 1998

Maryland Commuter Rail Key Station Plan Committee, Member,
September 1991-April 1992

Handicapped is Only a Word, Board Member, May 1992-May 1996

U.S. International Council on Disabilities, Board Member,
October 2005-September 2008

National Spinal Cord Injury Association, a program of United
Spinal Association, Member, June 2013 to present (in June 2020
I was elected to the Board of Directors of the United Spinal
Association)

None restricted membership on the basis of sex, race, color,
religion, national origin, age, or disability.
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt. No.
14. List all memberships and offices held with and services
rendered to, whether compensated or not, any political party or
election committee within the past ten years. If you have held a paid
position or served in a formal or official advisory position (whether
compensated or not) in a political campaign within the past ten years,
identify the particulars of the campaign, including the candidate, year
of the campaign, and your title and responsibilities.

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 $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.

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, May 1982

Phi Beta Kappa, May 1982

Alpha Lambda Delta National Honor Society, May 1982

Psychology Departmental Honors, May 1982

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
Krakow, 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 speeches, panel discussions, and presentations (e.g.,
PowerPoint) that you have given on topics relevant to the position for
which you have been nominated. Include a link to each publication when
possible. If a link is not available, provide a digital copy of the
speech or presentation when available.

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

Accessibility for All: The Impact of ADA on Transportation
Decision Making, DOT Civil Rights Conference, September 26,
2012

International Summit on Accessibility, Ottawa, Canada,
Accelerating Progress Through Global Standards, Systems, and
Tools, July 14, 2014

Significance of Standardization and Antidiscrimination Actions
Based on American Experience, Krakow, Poland, September 14,
2017

Shaping the EU Agenda for Disability Rights 2020-2030--U.S.
Experiences with Accessible Public Transportation, Video
Conference, February 26, 2020

United Spinal Association Celebrates the 30th Anniversary of
the Americans with Disabilities Act, Video Conference, July 15,
2020

Access Alliance Webinar, `Lessons from International Disability
Advocates for New Zealand', February 21, 2022

Disability Access and Inclusion Program, Addis Ababa, Ethiopia
(virtual presentation), July 26, 2022, (no link available;
presentation attached)

Accessibility of Information and Services, NDA Annual
Conference 2022, Dublin, Ireland (virtual presentation),
October 20, 2022

19. List all public statements you have made during the past ten
years, including statements in news articles and radio and television
appearances, which are on topics relevant to the position for which you
have been nominated, including dates. Include a link to each statement
when possible. If a link is not available, provide a digital copy of
the statement when available.

United Spinal Updates, Fulfilling the Promise of the ADA:
Making Our Railways More Accessible, July 22, 2022, (link)

National Public Radio, The ADA was a victory for the disabled
community, but we need more. My life shows why, July 29, 2022,
(link)

Testimony of Mr. David Capozzi, Nominee to the Amtrak Board of
Directors, United States Senate Commerce, Science and
Transportation Committee, Hearing on Nominations, September 7,
2022, (link)

20. 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 full name of an ``alias'' or ``handle'',
including the complete URL and username with hyperlinks, 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

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

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.

President's Task Force on Adoption, ``Adoption and People
with Disabilities,'' November 16, 1987.

Senate Committee on Banking, Housing and Urban Affairs,
Subcommittee on Housing and Urban Affairs, ``Need for a
Comprehensive National Housing Policy'', April 14, 1988.

House Committee on Appropriations, Subcommittee on
Transportation, ``Fiscal Year 1990 Appropriations for the
Department of Transportation and Related Agencies'', April 19,
1989.

House Committee on Public Works and Transportation,
Subcommittee on Surface Transportation, ``The Americans with
Disabilities Act,'' September 20, 1989.

Senate Committee on Banking, Housing and Urban Affairs,
Subcommittee on Housing and Urban Affairs, ``Reauthorization of
the Urban Mass Transportation Act,'' April 18, 1991.

House Committee on Appropriations, Subcommittee on
Transportation, ``Fiscal Year 1994 Appropriations for the
Architectural and Transportation Barriers Compliance Board'',
April 19, 1993.

House Committee on Appropriations, Subcommittee on
Transportation, ``Fiscal Year 1995 Appropriations for the
Architectural and Transportation Barriers Compliance Board'',
March 1, 1994.

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.

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

Senate Committee on Commerce, Science and Transportation,
Hearing on Nomination to the Amtrak Board of Directors,
September 7, 2022.

22. 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)(1)(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.)
23. 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.
24. 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, such as a 401(k) or pension plan.
I have received monthly social security payments and pension
payments from my Federal service since July 2020. 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, an Inspector General, professional association, disciplinary
committee, or other professional group? If yes:
No.
a. Provide the name of court, 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.
I have not had any complaints of harassment, discrimination, or
retaliation made against me to any employer or any other entity with
which I had a relationship (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. (See https://www.pacermonitor.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 whistleblowers from reprisal for
their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______

DAVID M. CAPOZZI
EXPERIENCE
U.S. ACCESS BOARD
Executive Director
November 2008-June 2020
Was responsible for $9.2 million in program expenditures and 29
professional and support staff for the only Federal agency whose
primary mission is accessibility for people with disabilities.

Responsible for strategic planning, personnel evaluations, budget
justifications and execution, and rulemaking. Prepared agenda materials
for 70 Board meetings and out-of-town events. Member of the Senior
Executive Service since 2004.

Reported to a Board of 25 members: 12 representatives from most of the
cabinet agencies and 13 members of the public appointed by the
President of the United States. Received ``clean'' independent audit
opinions every year.

Extensive experience in public speaking. Interviewed over 150 times for
international, national, and local radio, television, and print media;
featured as a keynote and conference speaker at over 300 conferences
and seminars including 25 international conferences.

Developed accessibility guidelines for the Americans with Disabilities
Act (ADA), Architectural Barriers Act (ABA), Communications Act, and
accessibility standards for information and communication technology
and medical diagnostic equipment under the Rehabilitation Act.

Issued 6 notices of proposed rulemaking and preliminary
regulatory assessments, 5 final rules and final regulatory
assessments, and 6 other rules (advance, draft, or supplemental
notices of proposed rulemaking); none of the rulemakings faced
a legal challenge.

Managed two Federal Advisory Committees on Rail Vehicle
Access and Medical Diagnostic Equipment.

Received new legislative responsibilities from Congress under the
Patient Protection and Affordable Care Act (accessibility standards for
medical diagnostic equipment), Food and Drug Administration Safety and
Innovation Act (best practices on providing accessible information on
prescription drug container labels), and the Federal Aviation
Administration Reauthorization Act (study to determine the feasibility
of in-cabin wheelchair restraint systems).

Coordinated with the Office of Management and Budget and House and
Senate appropriations and authorizing committees.

Managed the Board's ABA enforcement program. Updated a legacy complaint
tracking system to accept complaint information via a web-based
complaint form. Initiated a customer satisfaction survey; 80 percent
rated their satisfaction at the highest rating.

Was responsible for the Board's training, technical assistance, and
research programs. Developed an online guide to the ADA and ABA
standards with illustrated technical bulletins and a series of short
animations that dynamically explain various requirements and the
rationale behind them.

Completed a multi-year research project that analyzed data from 500
individuals who use wheeled mobility devices. Findings were compared to
those in three other countries and to the current standards in those
countries and the United States.

Received full cost reimbursement from sponsoring groups for over 75
percent of training sessions. Made training payment forms electronic to
speed the internal review process. Began a monthly webinar series in
partnership with the National Network of ADA Centers and a bi-monthly
webinar series with the Chief Information Officers Council,
Accessibility Community of Practice.

Implemented a records management program. Met the requirements of the
Managing Government Records Directive in January 2016 one year ahead of
schedule. Transitioned the agency's procurement contract from the
Department of the Treasury to the Department of the Interior to lower
administrative costs. Moved e-mail to the ``cloud'' and acquired a
voice over-the-internet telephone system. Was responsible for the
agency's Internet presence. Managed its restructuring in July 2013 to a
content management system; created a Twitter account in August 2015
with over 1,700 followers.
U.S. ACCESS BOARD
Director, Technical and Information Services
April 1992-November 2008
Managed a staff of 14 professionals responsible for rulemaking,
training, technical assistance, outreach, and research activities on
accessibility issues.

Developed accessibility guidelines and standards for the ADA, ABA,
Communications Act, and Rehabilitation Act.

Issued 13 notices of proposed rulemaking, 12 final rules,
and 12 other rules (advance, draft, or supplemental notices of
proposed rulemaking).

Managed the successful completion of 12 advisory committees
and two regulatory negotiation committees.

Received new legislative responsibilities from Congress under section
255 of the Communications Act, section 508 of the Rehabilitation Act,
and the Help America Vote Act because of the agency's strong
accessibility track record.

Testified three times before Congressional committees.
NATIONAL EASTER SEAL SOCIETY
Vice President for Advocacy and Director of Project ACTION
July 1989-April 1992
Managed over $2.5 million in Federal projects, testified before
Congress, and represented Easter Seals before Federal agencies.
Responded to media inquiries and promoted the rights of people with
disabilities through public speaking, information dissemination, and
referrals.

Chaired the Urban Mass Transportation Administration's (UMTA) ADA
Federal Advisory Committee. The 26-member Committee advised UMTA on
developing its ADA regulations.

Managed Project ACTION (Accessible Community Transportation in our
Nation), a $2 million multi-year research and demonstration project to
improve access to public transportation for people with disabilities
funded through a cooperative agreement with the Federal Transit
Administration. Prepared a request for proposal solicitation and
selected twenty-five projects to carry out model demonstration
programs. Organized and conducted five Project ACTION National Steering
Committee meetings.

Conducted comprehensive research on transportation for people with
disabilities. Published ``Project ACTION Reconnaissance Survey of 112
Transit Systems'', and ``Project ACTION Combined Research Results''.

Completed an award-winning multi-media campaign on how the ADA helps to
facilitate accessible transportation. Initiated a quarterly newsletter,
Project ACTION Update and prepared and distributed a free brochure:
``Securement of Wheelchairs and Other Mobility Aids on Transit
Vehicles''.

Managed a $421,000 project between Easter Seals, the Community
Transportation Association of America, and the Department of Health and
Human Services to provide technical assistance to human services
transportation providers on the requirements of the ADA. Developed a
national resource center for information dissemination, a toll-free
technical assistance hotline, conducted ten workshops, and provided
three regional training conferences.

Managed a $100,000 cooperative agreement between Easter Seals, three
transit trade associations and the Urban Mass Transportation
Administration on the transportation implications of the ADA. Developed
a 960-page implementation manual and a 14-minute explanatory videotape
used at five regional conferences during a one-month period that were
attended by over 700 individuals.

Represented Easter Seals on the American National Standards Institute,
ANSI A117 Committee--a voluntary national standards committee on
architectural access for people with disabilities. Testified three
times before Congressional committees.
PARALYZED VETERANS OF AMERICA
National Advocacy Director
June 1987-July 1989
Managed a staff of professionals who promoted and protected the rights
of persons with disabilities. Was responsible for strategic planning,
program budgeting, and staff performance evaluations. Developed and
conducted annual training conferences for PVA members and volunteers.
Wrote articles on disability issues for Paraplegia News, PVA's monthly
magazine.

Served as the lead negotiator on the Department of Transportation's
Federal Advisory Committee that negotiated proposed regulations
implementing the Air Carrier Access Act. Filed a lawsuit against the
Department of Transportation to compel the issuance of final
regulations; the case was settled, resulting in the issuance of the
regulations.

Championed a provision in the Airport and Airway Improvement Act
providing $250,000 to develop the Nation's first boarding chair and
lifting device for people with mobility disabilities to access commuter
aircraft.

Served as co-chair of the Transportation Task Force of the Consortium
for Citizens with Disabilities--the largest coalition of disability
groups in Washington, DC.

Oversaw the purchase of the rights to operate the Access to the Skies
program from Rehabilitation International, USA. Developed the program's
first newsletter and an awards program that recognized contributions to
safe, comfortable, and dignified air travel for people with
disabilities.

Testified 3 times before Congressional committees.
PARALYZED VETERANS OF AMERICA
Associate Advocacy Director
June 1985-June 1987
Maintained liaisons with Federal agencies and monitored issues
regarding independent living, social security, and transportation.

Briefed and prepared attorneys for oral arguments in a U.S. Supreme
Court case, Paralyzed Veterans of America v. Department of
Transportation.

Worked closely with the National Council on the Handicapped (now the
National Council on Disability) to develop policy statements and
recommendations in their 1986 report, ``Toward Independence''. The
recommendations served as the basis for the ADA.

Organized and conducted PVA's Disability Rights conference which was
attended by over 75 attorneys specializing in the legal rights of
people with disabilities.

Testified twice before Congressional committees.
LEADERSHIP AND AWARDS
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.

Interagency Committee on Standards Policy, Standards Executive.
September 2004-June 2020.

Senior Executive Service. May 2004-June 2020. (The Senior Executive
Service is a corps of 7,800 Federal employees who serve as the
executive management of Federal agencies.)

Section 508 Executive Steering Committee. September 1998-June 2020.
(The Executive Steering Committee provides leadership to the Chief
Information Officer Council's Accessibility Committee of Practice to
improve implementation of Section 508, a law requiring that all
electronic and information technology developed, procured, maintained,
or used by the Federal government be accessible to people with
disabilities.)

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.

Member of the ``legal team'' and lobbying ``captain'' for the
disability community that helped craft the Americans with Disabilities
Act. May 1989-July 1990.

Congressional Task Force on the Rights and Empowerment of Americans
with Disabilities, Member. June 1988-July 1990.
EDUCATION
STATE UNIVERSITY OF NEW YORK AT BUFFALO
FACULTY OF LAW AND JURISPRUDENCE
Juris Doctor--May 1985

Admitted to practice law in the State of Pennsylvania (Bar number:
052481 Retired)

STATE UNIVERSITY OF NEW YORK AT BUFFALO
FACULTY OF SOCIAL SCIENCES
Bachelor of Arts--May 1982

Summa Cum Laude Phi Beta Kappa Alpha Lambda Delta
National Honor Society Psychology Departmental Honors
VOULNTEER ACTIVITIES
Advisory Board Member, European Accessibility Resource Centre, Madrid,
Spain, December 2022-Present.

Board of Directors, United Spinal Association, New York, New York. July
2020-Present.

Advisory Committee Member, Mobility Fitness, Atherton, California. July
2020-Present.

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

Program Committee Member, Access Living, Chicago, Illinois. September
2020-Present.

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

Biden-Harris Policy Volunteer. August-October 2020.

The Chair. Thank you, Mr. Capozzi. And thank you for that.
And very important work on Americans With Disabilities. Mr.
Lathem, welcome. We look forward to your testimony.

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

Mr. Lathem. Good morning. This is the day that the Lord has
made, we will rejoice and be glad in it. Chair Cantwell,
Senator Schmitt, other members of the Committee, my name is
Samuel E. Lathem, and I appreciate the opportunity to appear
before you today. I began working at the Chrysler plant in
North Delaware in 1965 and retired from it 39 years later.
I served in numerous union leadership positions as a member
to the United Auto Workers, and as President of the Delaware
State AFL-CIO, 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 Government created entities.
Since 2001, I have been a commissioner with the Della River
Valley Authority, or to DRVA, which operates the Delaware
Memorial Bridge, three airports, and the Cape May Lewes Ferry,
which is a great ride if you get an opportunity. I currently
serve as the DRVA's Chair. I am also a former Board member of
the Diamond State Port Corporation, which operates the Port of
Wilmington.
Like Amtrak, the DRVA and Diamond State have a public
mission but earn much of their revenue from providing
transportation-related services to customers. The Cape May
Lewes Ferry carries about 700,000 passengers a year and is an
essential service for many of its passengers.
My experience with public transportation through the ferry
is one of the reasons I am interested in serving on the
Amtrak's Board. I have also served on the Boards of many
charitable and educational labor and citizen organizations,
including Junior Achievement, the Metropolitan Well-Being Urban
League, The United Way of Delaware, and 4-H Foundation
Committee.
I formerly chaired the Delaware Advisory Council on Career
and Vocational Education. I also serve as an Associate Minister
at Cornerstone Fellowship Baptist Church in Wilmington. Before
going to work in the auto industry, I served in the Army from
1963 to 1965 at Fort Hood in Texas, First Armored Division.
I received a Delaware Distinguished Medal from the State of
Delaware, Department of Military Affairs Office of the Adjutant
General. I know firsthand how important Amtrak is to travelers,
businesses, and to the community it serves in which employees
work and live.
I spent my working career in an automobile plant. Located
next to it was served by freight trains operated over Amtrak's
Northeast Corridor. I live in Bear, Delaware where one of
Amtrak's three major equipment maintenance facilities are
located.
As a lifelong resident of Delaware, a predominantly rural
state outside of the Wilmington area, who has been involved
with and led Statewide organizations, I appreciate the
importance of Amtrak and other public transportation services
to rural communities. I have worked on both sides of the labor
management issues as a union official and a Board member of
organizations with agreement covered workforces.
I know how to work with people with different views and
perspectives, and the importance of seeking a compromise that
produces a win-win for both sides. I believe my experience in
vocational education and training will be particularly useful
at a time when Amtrak has been hiring large numbers of new
workers to work out major construction projects funded by the
Infrastructure Investment and Jobs Act.
I recognize how important it is for Amtrak to work with
labor unions to provide good jobs, working conditions, and
training for both its experienced and new employees. Thank you
for your time, and if confirmed, I look forward to serving on
Amtrak's Board.
[The prepared statement and biographical information of Mr.
Lathem follow:]

Prepared Statement of Samuel Lathem, Nominee to be a Director,
Amtrak Board of Directors
Good morning, Chair Cantwell, Ranking Member Cruz, and other
members of the Committee. My name is Samuel E. Lathem, and I appreciate
the opportunity to appear before you today.
I began working at the Chrysler Plant in Newark, Delaware in 1965
and retired from it 39 years later. I served in numerous union
leadership positions as a member of the United Auto Workers (UAW), and
as President of the Delaware State AFL-CIO. 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 government-
created entities. Since 2001, I have been a Commissioner of the
Delaware River Bay Authority, or DRBA, which operates the Delaware
Memorial Bridge, three airports, and the Cape May-Lewes Ferry. I
currently serve as DRBA's Chair. I am also a former Board member of the
Diamond State Port Corporation, which operates the Port of Wilmington.
Like Amtrak, DRBA and Diamond State have a public mission but earn
much of their revenue from providing transportation-related services to
customers. The Cape May-Lewes Ferry carries over 700,000 passengers a
year and is an essential service for many of its passengers. My
experience with public transportation through the Ferry is one of the
reasons I am interested in serving on Amtrak's Board.
I have also served on the Boards of many charitable, educational,
labor, and citizen organizations, including 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 also serve as Associate
Minister at Cornerstone Fellowship Baptist Church in Wilmington. Before
going to work in the automobile industry, I served in the Army from
1963 to 1965 at Fort Hood in the Texas 1st Armored Division. I received
the Delaware Distinguished Medal from the State of Delaware Department
of Military Affairs Office of the Adjutant General.
I know firsthand how important Amtrak is to travelers, businesses,
and to the communities it serves and in which its employees work and
live. I spent my working career in an automobile plant located next to,
and served by freight trains operating over, Amtrak's Northeast
Corridor. I live in Bear, Delaware, where one of Amtrak's three major
equipment maintenance facilities is located. As a lifelong resident of
Delaware, a predominantly rural state outside of the Wilmington area,
who has been involved with and led statewide organizations, I
appreciate the importance of Amtrak and other public transportation
services to rural communities.
I have worked on both sides of labor-management issues as a union
official and a Board member of organizations with agreement-covered
workforces. I know 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 will be particularly useful at a time when
Amtrak has been hiring large numbers of new workers to carry out major
construction projects funded by the Infrastructure Investment and Jobs
Act. I recognize how important it is for Amtrak to work with its labor
unions to provide good jobs, working conditions and training for both
its experienced and new employees.
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 schools attended, whether or not
you were granted a degree by the institution. Provide the name of the
institution, the dates attended, the degree received, and the date of
the degree. None.
8. List all post-undergraduate employment, including the job title,
name of employer, and inclusive dates of employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.

Various positions at the Chrysler Plant in Newark, Delaware
(1965-2004)

Administrator of the UAW-Chrysler Training Center (1990-2004)

International Representative of the UAW (1999-2004)

President of the Delaware AFL-CIO (2005-2015)

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 after 18 years of age.

Member, Interagency Council on Literacy

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

Member, Delaware Workforce Investment Board

Chairman of Delaware Advisory Council on Career and Vocational
Education Chair (and formerly Vice Chair) of the Board of
Directors of the Delaware River & Bay Authority

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

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. List each book, article, column, letter to the editor, Internet
blog posting, or other publication you have authored, individually or
with others. Include a link to each publication when possible. If a
link is not available, provide a digital copy of the publication when
available. None.
18. List all speeches, panel discussions, and presentations (e.g.,
PowerPoint) that you have given on topics relevant to the position for
which you have been nominated. Include a link to each publication when
possible. If a link is not available, provide a digital copy of the
speech or presentation when available. None.
19. List all public statements you have made during the past ten
years, including statements in news articles and radio and television
appearances, which are on topics relevant to the position for which you
have been nominated, including dates. Include a link to each statement
when possible. If a link is not available, provide a digital copy of
the statement when available. None.
20. 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 full name of an ``alias'' or ``handle'',
including the complete URL and username with hyperlinks, 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.
21. 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 September 7, 2022, I testified before this Committee in
connection with my prior nomination to the Amtrak Board of Directors.
22. 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 the 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.
23. 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 in leadership positions on
multiples boards, including as Chairman of the Board of Directors of
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.
24. 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, such as a 401(k) or pension plan.
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, an Inspector General, professional
association, disciplinary committee, or other professional
group? If yes:
No

a. Provide the name of court, agency, association, committee, or
group;
N/A

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

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

d. Provide the results of the citation, disciplinary action,
complaint, or personnel action.
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.
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 whistleblowers from reprisal for
their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______

Resume of Samuel Elijah Lathem
Samuel E. Lathem was born on October 22, 1943 at home in Woodlyn,
Pennsylvania to Letty and James Lathem. A birth certificate was issued
by Chester Hospital in Chester, Pennsylvania.
Service Record
Samuel Lathem attended Woodlyn Elementary School in Woodlyn,
Pennsylvania. He went to live with an uncle in Kankakee, Illinois and
attended junior high school there. He then finished junior high school
at Showalter Junior High in Chester, Pennsylvania. He attended Chester
High School and left in 11th grade (1963) to enlist in the armed
forces.

Samuel Lathem served in the U.S. Army from 1963-1965. He completed his
basic training at Fort Gordon, Georgia and MOS training at Fort Hood,
Texas. He served in Entry Battalion, 6th Artillery, 1st Armed Division.
Promoted to GE4, wheel track mechanic. He was honorably discharged in
1965, U.S. 52 565 403.
Employment
Employed by Chrysler Corporation, Newark Assembly Plant, beginning in
1965.

Became a member of UAW Local 1183, Newark, Delaware. In 1990, appointed
Administrator of the UAW Region 8 Training Center, Newark, Delaware.
Appointed International Representative of the UAW in 1999. Retired from
UAW in 2003. In 2003, elected first African American to represent all
of labor in the State of Delaware as the President of the State AFL-
CIO.
Community Service
In 1976, Samuel Lathem was licensed to preach the gospel as a minister
in the First Baptist Church, Marple, Pennsylvania. Ordained Baptist
preacher in 1992 by New Hope Baptist Association at First Baptist
Church in Morton, Pennsylvania. Currently serves as an Associate
Minister at Cornerstone Fellowship Church in Wilmington, Delaware. Also
attended Philadelphia College of Bible for two years.
Community Positions
Appointed by Governor Dale Wolf to serve on the Interagency Council on
Literacy.

Appointed by Governor Tom Carper to serve on Diamond State Port
Corporation (Port of Wilmington), Workforce Investment Board.

Elected to serve as Chairman of Delaware Advisory Council on Career and
Technical Education. Appointed by Governor Ruth Ann Minner to serve as
first African American as Commissioner of Delaware River and Bay
Authority, and in 2020, became the first African American to serve as
its Chairman.

Appointed in 1996 to serve as first African American to cast votes in
the Electoral College for Democratic candidate for President & Vice
President.

The Chair. Thank you, Mr. Lathem. And thank you for your
service to the country. Mr. Batory, welcome. Look forward to
your comments.

STATEMENT OF RONALD BATORY, NOMINEE TO BE A DIRECTOR, AMTRAK
BOARD OF DIRECTORS

Mr. Batory. Good morning, Chair Cantwell, Ranking Member
Cruz, and distinguished members of the Committee.
The Chair. Mr. Batory, could you just pull the microphone a
little closer to you? Yes, thank you.
Mr. Batory. Is this a little better?
The Chair. Yes.
Mr. Batory. There we go. Good morning, Chair Cantwell,
Ranking Member Cruz, and distinguished members of the
Committee. Thank you for the opportunity to appear before you
this morning as a nominee for the Amtrak Board of Directors.
I am a second generation railroader. My father worked for
the New York Central Railroad System and later in his career
was a full-time union official. After graduating from college
in 1971, my first job was an hourly employee with the Detroit,
Toledo and Ironton Railroad.
I spent the next 46 years in a variety of railroad
positions, nearly all of which were focused on operations. In
1994, I became President of the Belt Railway company Chicago,
the largest switching and terminal railroad in the United
States, whose services and facilities are used by all the Class
I railroads serving Chicago.
From 2004 until 2017, I served as President of Conrail, a
jointly owned subsidiary of Norfolk Southern Corporation and
CSX. Conrail provides local freight operations and switching on
behalf of those two railroads in the Philadelphia area,
Northern New Jersey, including along Amtrak's Northeast
Corridor and in the Detroit, Michigan area.
I was preparing to retire from the railroad industry to
move to my current home in Santa Fe, New Mexico, and I decided
to apply to be Administrator of the Federal Railroad
Administration. At that time, I assumed the position February
2018 following a Senate confirmation. FRA and the railroad
industry faced an enormous challenge.
The final deadline for implementation of the statutory
requirement to install positive train control, or PTC, in
nearly 58,000 miles of track to reduce the risk of accidents
was less than 3 years away and it appeared that many railroads
would miss the deadline.
I took immediate action to ensure that that did not happen,
including redeploying FRA staffing resources, providing
additional technical assistance to railroads, and issuing
public quarterly infographics tracking of each railroad's
progress.
I am gratified to report that as of December 29, 2020, 2
days before the statutory deadline, all 41 railroads
responsible for implementing PTC was done so on every mile of
track on which it was required.
Among the other important FRA accomplishments during my
tenure was the issuance of a final rule long delayed by
litigation followed by a previous FRA rulemaking that
established metrics and minimum standards for all intercity
passenger rail service.
These metrics and standards are used to measure Amtrak's
performance, including customer satisfaction, on time
performance, and the extent to which Amtrak is serving
communities that are not well served or served at all by other
public transportation modes of which are long distance routes.
In addition to my railroad operations experience, one of
the things I brought to the FRA role of as Administrator would
bring the Amtrak Board in many decades of experience dealing
with all railroads stakeholder groups, including freight,
commuter railroads, rail labor, and Federal, State, and local
officials. I believe in maintaining respectful relationships,
and I recognize that collaboration is essential in everything
the railroad industry does.
I consider myself to be a fact-based leader who is emphatic
and willing to listen and learn from others. Safety has always
been and will continue to be my highest priority. The
opportunity to make railroads safer is one of the main reasons
I sought the FRA Administrator job.
As an Amtrak Board member, I would ensure the company's
leadership is focused on safety and prioritizing it when
allocating limited funding. I am very grateful for the
opportunities the railroad industry has given me and to the
many people I work with who taught me everything I know about
railroading.
I welcome the chance to continue to contribute to the
industry. Thank you, Madam Chair, and I now look forward to
answering the Committee's questions.
[The prepared statement and biographical iformation of Mr.
Batory follow:]

Prepared Statement of Ronald Batory, Nominee to be a Director,
Amtrak Board of Directors
Chair Cantwell, Ranking Member Cruz and distinguished members of
the committee: Thank you for the opportunity to appear before you this
morning as a nominee for Amtrak's Board of Directors.
I am a second-generation railroader. My father worked for the New
York Central Railroad and later in his career was a full-time union
official. After graduating from college in 1971, my first job was as an
hourly employee with the Detroit, Toledo and Ironton Railroad. I spent
the next 46 years in a variety of railroad positions, nearly all of
which were focused on operations.
In 1994, I became the president of The Belt Railway Company of
Chicago, the largest switching and terminal railroad in the United
States whose services and facilities are used by all of the Class I
railroads serving Chicago. From 2004 until 2017, I served as president
of Conrail, a jointly-owned subsidiary of Norfolk Southern and CSX.
Conrail provides local freight train operations and switching on behalf
of those two railroads in the Philadelphia area and northern New
Jersey, including along Amtrak's Northeast Corridor, and in the
Detroit, Michigan area.
As I was preparing to retire from the railroad industry and move to
my current home in Santa Fe, New Mexico, I decided to apply to be
Administrator of the Federal Railroad Administration. At the time I
assumed that position in February of 2018 following Senate
confirmation, FRA and the railroad industry faced an enormous
challenge. The final deadline for implementation of the statutory
requirement to install positive train control, or PTC, on nearly 58,000
miles of track to reduce the risk of accidents was less than three
years away, and it appeared that many railroads would miss that
deadline. I took immediate actions to ensure that did not happen,
including redeploying FRA staffing resources, providing additional
technical assistance to railroads, and issuing public quarterly
infographics tracking each railroad's progress. I am gratified to
report that as of December 29, 2020, two days before the statutory
deadline, all 41 railroads responsible for implementing PTC had done so
on every mile of track on which it was required.
Among the other important FRA accomplishments during my tenure was
the issuance of a final rule, long delayed by litigation following a
previous FRA rulemaking, that established metrics and minimum standards
for intercity passenger rail service. These metrics and standards are
used to measure Amtrak's performance, including customer satisfaction,
on-time performance and the extent to which Amtrak is serving
communities that are not well served or served at all by other public
transportation modes, most of which are along long-distance routes.
In addition to my railroad operations experience, one of the things
I brought to the role of FRA Administrator and would bring to the
Amtrak Board is many decades of experience dealing with all railroad
stakeholder groups, including freight and commuter railroads; rail
labor; and federal, state and local officials. I believe in maintaining
respectful relationships, and I recognize that collaboration is
essential in everything the railroad industry does. I consider myself
to be a fact-based leader who is empathetic and willing to listen and
learn from others.
Safety has always been and will continue to be my highest priority.
The opportunity to make railroads safer is one of the main reasons I
sought the FRA Administrator job. As an Amtrak Board member, I would
ensure that the company's leadership is focused on safety and
prioritizing it when allocating limited funding.
I am very grateful for the opportunities the railroad industry has
given me, and to the many people I worked with who taught me everything
I know about railroading. I welcome the chance to continue to
contribute to the industry.
Thank you, Madame Chair. I now look forward to answering the
Committee's questions.
______

a. biographical information
1. Name (Include any former names or nicknames used): Ronald Louis
Batory.
2. Position to which nominated: Board of Director, Amtrak.
3. Date of Nomination: May 2, 2024.
4. Address (List current place of residence and office addresses):

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

5. Date and Place of Birth: January 25, 1950; Detroit.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).

Barbara Ellen Batory, retired; Erin Faye Budisak, daughter, 44.

Adrian College, 1967-1971, Bachelor of Arts, 1971,
Eastern Michigan University, 1973-1975, Master of Arts, 1975.

8. List all post-undergraduate employment, including the job title,
name of employer, and inclusive dates of employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Forty-six consecutive years of non-interrupted employment in the
railroad industry, as set forth in the detailed resume provided in
question #9.
9. Attach a copy of your resume. Attached (career resume)
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above after 18 years of age.

Senate confirmed appointee, Administrator, Federal Railroad
Administration, U.S. DOT, 2018-2020

Trustee: Adrian College, J.W. Barriger National Railroad
Library--UMSL, Kansas City Southern Railroad, Iowa Northern
Railroad; Director: American Association of Railroad
Superintendents, University of Denver--Transportation
Institute, American Shortline & Regional Railroad Association,
Center for Railroad Photography & Art, East Broad Top Railroad,
Arkansas & Missouri Railroad, Hanson Professional Services,
Inc.; Advisory: Historic Pullman Foundation, Anacostia Rail
Holdings, RJ. Corman Railroad Group, RailPulse, Herzog,
Michigan State University--Eli Broad College of Business--
Center for Railway Research & Education, CSX.

Fairlane Club (1976-2000), Union League Club of Chicago (1987
to present), Laurel Creek Country Club (1999-2016), Las
Campanas Country Club (2014 to present), The Lexington Group in
Transportation History (1995 to present), American Association
of Railroad Superintendents (1981 to present, former officer),
Railway Tie Association (1976 to present), American Railway
Engineering & Maintenance of Way Association (1975 to present),
American Short Line & Regional Railroad Association (1995-2017,
former officer), International Association of Railway Operating
Officers (1976 to present), Midwest High Speed Rail Association
(2005 to present), National Association of Railroad Passengers
(1987 to present); Center for Railroad Photography & Art (2021
to present), Historical Pullman Foundation (2021 to present),
The Railway & Locomotive Historical Society (1990 to present).
None of the listed entities restricts membership.

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. None.
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. None.
17. List each book, article, column, letter to the editor, Internet
blog posting, or other publication you have authored, individually or
with others. Include a link to each publication when possible. If a
link is not available, provide a digital copy of the publication when
available.

LinkedIn (Professional) Five (5) posts railway related
(positive recognition). Nothing else except those associated
with my FRA tenure and I did not retain record of same.

Remarks of FRA Administrator Ronald L. Batory before the
Association of State Rail Safety Managers

Prepared Remarks for Administrator Ronald L. Batory before the
American Public Transportation Association Rail Conference

As Prepared Remarks of Ronald L. Batory Swearing-In Ceremony as
the 14th Administrator of the Federal Railroad Administration

It is possible there were other presentations but I do not have a
record of any others.
19. List all public statements you have made during the past ten
years, including statements in news articles and radio and television
appearances, which are on topics relevant to the position for which you
have been nominated, including dates. Include a link to each statement
when possible. If a link is not available, provide a digital copy of
the statement when available.

Remarks of FRA Administrator Ronald L. Batory to before the
Association of State Rail Safety Managers https://
railroads.dot.gov/newsroom/speeches/remarks-fra-administrator-
ronald-l-batory-association-state-rail-safety-managers

Prepared Remarks for Administrator Ronald L. Batory before the
American Public Transportation Association Rail Conference
https://railroads.dot.gov/speeches/prepared-remarks-
administrator-ronald-l-batory-american-puplic-transportation-
association

As Prepared Remarks of Ronald L. Batory Swearing-In Ceremony as
the 14th Administrator of the Federal Railroad Administration
https://railroads.dot.gov
/speeches/prepared-remarks-ronald-l-batory-swearing-ceremony-
14th-administrator-federal-railroad

It is possible there were other public statements but I do not have
a record of any others.
20. 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 full name of an ``alias'' or ``handle'',
including the complete URL and username with hyperlinks, 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--active. Link to profile https://www.linkedin.com/in/
honorable-ronald-l-batory-276926121/

21. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
I do not have records or recall details, but I believe I testified
two or three times before the Senate Committee on Commerce, Science and
Transportation; and one or two times before the House Transportation
and Infrastructure Subcommittee.
22. 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?
Vast business experiences accumulated over 50+ years. Brings
integrity, leadership experience and a commitment to Amtrak.
23. 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?
Monitor business controls and functions. Ensure bylaws are
fulfilled in governing the business. Mentor, evaluate and challenge
management, as related to the mission statement of the enterprise and
objectives set forth by Congress. (1) Executing a consistent tactical
plan with the least amount of variability. This will strengthen safety,
breed capacity and foster efficiency. (2) Develop a realistic strategic
plan that can be delivered with practicality while being favored with a
sense of urgency. This will harden and improve justified changes to the
national intercity rail passenger network and heighten the credibility
of the enterprise. (3) Emphasizing the importance of spending money
wisely and not letting opinion overshadow facts. Holding senior
management leadership to their accountable responsibilities will favor
the outcomes of change while benefiting the corporate culture.
24. What do you believe to be the top three challenges facing the
department/agency, and why?

1. Fulfill all legislative requirements as directed to Amtrak.
Accomplishment will further strengthen the credibility of the
national rail passenger carrier going forward when new
initiatives and objectives are being sought by Congress.

2. Continually demonstrate a leadership role towards safety and
environmental stewardship in the transport sector. Sustainable
accomplishment is of utmost importance as it relates to all
people and communities associated with Amtrak's national
presence.

3. Expansion of organization and its ongoing transformation in
recognition of the added role of responsibilities and
accountabilities being bestowed on Amtrak in the primary areas
of capital investment and network expansion. This challenge
will continue into the foreseeable future and will become
precedent setting for Amtrak reputation. Readily recognizing
lessons learned and adoption of best practices are key
ingredients towards developing a nimble and maturing
organization capable of delivering responsible actions in
conjunction to its mission.
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, such as a 40l(k) or pension plan.
Defined benefit plan associated with former employment with Grand
Trunk Western Railroad and Conrail and administered by Northern Trust.
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 appoin1ment? If so,
please explain.
I expect to continue my roles with the following entities, all of
which are disclosed on my Form 450: Anacostia Rail Holdings, RJ Corman,
Michigan State University, Hanson Professional Services, Herzog
Railroad Services, Arkansas & Missouri Railroad, Iowa Northern Railway,
Kansas City Southern, East Broad Top Railroad, Center for Railroad
Photography & Art, RailPulse, Historic Pullman Foundation.
3. Indicate any inves1ments, 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.
As listed above and in my Form 450 Financial Disclosure Report, I
remain active with several entities involved in the railroad industry
and I continue to participate in two defined benefit plans from my
prior employment with Conrail and Western Trunk Railroad. I do not
believe any of these relationships presents a conflict of interest.
However, if an actual or apparent or potential conflict were to arise,
I would consult with Amtrak's Ethics Officer and follow their advice
regarding recusal or any other recommended mitigations.
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.
As listed above and in my Form 450 Financial Disclosure Report, I
remain active with several entities involved in the railroad industry
and I continue to participate in two defined benefit plans from my
prior employment with Conrail and Western Trunk Railroad. I do not
believe any of these relationships presents a conflict of interest.
However, if an actual or apparent or potential conflict were to arise,
I would consult with Amtrak's Ethics Officer and follow their advice
regarding recusal or any other recommended mitigations.
5. Identify any other potential conflicts of interest, and explain
how you will resolve each potential conflict of interest. None.
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, an Inspector General, professional association, disciplinary
committee, or other professional group? None. If yes:

a. Provide the name of court, 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.

RONALD L. BATORY
Resume of Qualifications
SUMMARY OF EXPERIENCE:
Career professional with more than 45 years of both line and
staff experience in the railroad industry serving in various
administrative and operational leadership positions of
considerable responsibility.
Effective senior-level management abilities in leading
change and maximizing use of organizational talent.
Expertise in planning, analysis and control of costs to
enhance contribution of revenue, as well as achieving revenue
growth through exploitation of commercial opportunities.
Additional skills: planning and conducting cost/performance
rationalization studies from concept; coordinating the implementation
of both operating and maintenance improvement programs.
CAREER JOURNAL:
CONSOLIDATED RAIL CORPORATION
1998/2017
President and Chief Operating Officer
Complete leadership responsibility for the eighth (8th) largest
freight rail earner in the United States. Ensures fulfillment of a
business enterprise with a unique corporate structure within the
deregulated transportation sector.
Senior Vice President--Qperations
Reporting responsibility for the planning, operation and
maintenance of the Shared Assets Areas in New Jersey. Pennsylvania and
Michigan. Constitutes the largest terminal switching operation in North
America evolving from the acquisition and division of Consolidated Rail
Corporation by CSX Transportation and Norfolk Southern Corporation.
Guided a post-split operation of continuous improvement wherein
safety, service and costs indicators are recognized to be historically
record setting for the associated territories.

THE BELT RAILWAY COMPANY OF CHICAGO
1994/1998
President--Bedford Park, Illinois
Complete leadership responsibility for the largest intermediate
switching company in the Nation serving a terminal network of seventeen
(17) rail carriers. Instituted policies and practices that lead to an
array of unprecedented safety and service performance records, while
simultaneously undertaking a massive infrastructure improvement plan.

SOUTHERN PACIFIC TRANSPORTATION COMPANY
1989/1994
General Manager--Chicago, Illinois
Reporting responsibility for field operations on the Midwest Region
which spanned a territory from Chicago, Illinois, to Tucumcari, New
Mexico, on the west to Shreveport, Louisiana, and Texarkana, Texas, on
the east. Served as General Manager, SPCSL Corp., a wholly owned
subsidiary of Southern Pacific Transportation Company. Represented St.
Louis Southwestern Railway as a Board of Director member for the Kansas
City Terminal Railway Company, Terminal Railroad Association of St.
Louis, Southern Illinois and Missouri Bridge Company and Arkansas &
Memphis Railway Bridge and Terminal Company.
Assistant General Manager--Chicago, Illinois
Reporting responsibility to Central Region, which spanned a
territory between Chicago and East St. Louis, Illinois, on the east to
Sparks, Nevada, and Klamath Falls, Oregon, on the west. Served as
primary Operating Department planner and directed implementation for
Southern Pacific's access in Chicago, Illinois. from both East St.
Louis, Illinois, and Kansas City, Kansas, in l989 and 1990
respectively.

CHICAGO, MISSOURI & WESTERN RAILWAY
1987/1989
Vice President/General Manager--Springfield, Illinois
Directed system transportation, maintenance, intermodat purchasing,
security and corporate relations organizational functions, as related
to the daily operation of both freight and Amtrak passenger trains
transversing over 600 route miles.
Included Board of Director responsibility to Kansas City Terminal
Railway Company. Maintained ongoing communications with appropriate
lobbying bodies and state/federal regulatory agencies, which favored
the Trustee's endeavors to successfully obtain nearly $14 million in
low interest loans and grants. Formulated an asset disposition plan for
the Trustee, which resulted in all rail lines being conveyed to
responsible parties, thus avoiding the path of service discontinuances
and subsequent liquidation.

GRAND TRUNK WESTERN RAILROAD COMPANY
1981/1987 (Various Locations)
Director Transportation Planning--Detroit, Michigan
Directed the manifest freight scheduling and classification
requirements for all yards and terminals. Implemented a terminal
management information system through use of electronic data
processing. Developed and coordinated joint operating improvement
projects with various connecting carriers throughout the four state
system.
District Manager Operations/Chicago--Chicago, Illinois
Managed major territorial operations of Chicago District. Ensured
consistent service and cost-effective operations through coordination
of transportation, intermodal, mechanical, engineering, administrative
and joint facility functions necessary to meet committed commercial
specifications.
Terminal Manager, Chicago Terminal District--Chicago, Illinois
Managed the scheduled movement of road trains and yard operations.
Using a diversity of management skills, ensured cost effective
productivity levels. Simultaneously rationalized entire terminal
operations through expanded use of joint facilities, thereby reducing
fixed costs. Overall reduction and consolidations resulted in a net
decrease in annual operating costs by $7.8 million along with
eliminating future capital requirements of considerable sort.
Trainmaster, Shore Line Subdivision--Toledo, Ohio

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

Transportation Supervisor, Detroit Division--Pontiac, Michigan

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

DETROIT, TOLEDO & IRONTON RAILROAD COMPANY
1971/1981 (Various Locations)
Director of Material Procurement and Planning--Dearborn, Michigan

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

Manager, Industrial Engineering--Dearborn, Michigan

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

Assistant Engineer Track System--Flat Rock, Michigan

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

Administrative Assistant to Vice President of Operations--Dearborn,
Michigan

Responsible for accurate formulation of operating and capital budgets
as related for the entire Operating Department. Performed numerous
operational planning studies for management review.

Traveling Auditor, Car Accounting--Dearborn, Michigan

Designed operational audit procedures, which applied to the mileage
portion of car hire payments reported by foreign line carriers.

Participated in the development and implementation of an E.D.P. system
for generating car hire reclaims covering both switching and storage.

EDUCATIONAL BACKGROUND:
Master of Arts Degree:
Graduate, Eastern Michigan University in 1975, Ypsilanti, Michigan
Bachelor of Arts Degree: Business Administration & Economics
Graduate, Adrian College in 1971, Adrian, Michigan

CONTINUING EDUCATION/TRAINING:

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

IBM Executive Seminar, 1979

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

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

Transportation Seminar through Genera] Motors Corporation, Electro-
Motive Division, 1974

The Chair. Thank you, Mr. Batory. And we will get to that
in a minute, but we have one more nominee here. Ms. Clegg,
thank you for your willingness to serve. We look forward to
your comments.

STATEMENT OF ELAINE CLEGG, NOMINEE TO BE A DIRECTOR, AMTRAK
BOARD OF DIRECTORS

Ms. Clegg. Thank you. Chair Cantwell, Ranking Member
Schmitt, members of the Committee, thank you for inviting me to
appear before you today. My name is Elaine Clegg, and I am
deeply honored to be nominated to join the Amtrak Board of
Directors. I am a resident of Boise, Idaho, and an Idaho
native.
I grew up loving train travel, traveling by train to Boise
every summer while my family lived in Denver. My mother's
family moved to Idaho by train and even lived in a boxcar on a
site in a fledgling logging community.
Idaho has been the fastest growing U.S. state for most of
the past decade and is part of the Mountain West region, the
fastest growing region in the country. The Mountain West has
harsh winters, often closing roads, an aging population, and
nearly 20 million people who experience lower levels of Amtrak
and other public transportation services than found elsewhere
in the country despite very long travel distances.
If confirmed, I will provide a Western point of view on our
Nation's railroad needs. My advocacy for better public
transportation is accompanied by 20 years of experience
overseeing public services for a City of over 230,000 residents
as a member of the Boise City Council, where my primary focus
was on land use and transportation planning and policy.
I also chaired the National League of Cities Transportation
and Infrastructure Services Committee and have served on
numerous boards of city and professional organizations across
the country. Before serving on the City Council, I spent 15
years running a small business, then working for a nonprofit
organization, all while raising five children and finishing my
college degree.
Since February of last year, I have been the CEO of Valley
Regional Transit, where I previously served as a Board and
Executive Board Member and Chair. Valley Regional Transit
provides fixed rail bus service throughout the Boise
metropolitan region, serving over a million riders annually.
We recently introduced a revised bus network that offers
better service while improving cost efficiencies in our
operations. The only Amtrak services in the Mountain West are
for long distance routes that skirt the edges of the region and
operate once a day or less. There is no service at all in the
heart of the inland Northwest.
Boise has one of the most beautiful train stations in the
country, but it has been without a passenger train since the
Pioneer, a long distance train from Seattle through Denver to
Chicago, was discontinued in 1997. Today, Idaho's only Amtrak
train is the Empire Builder, stopping at a single station in a
remote panhandle community in the middle of the night.
Idaho, like other mountain states, has little airline
service outside the Boise region with very little air service
and very sparse intercity bus elsewhere. Those of us who live
in the Mountain West need passenger rail and other ways to
travel.
People move to our region for the lifestyle, yet because of
the lack of transportation offerings, they are finding their
new home means a lot of long distance driving on difficult
roads, even in bad weather.
One of my longstanding goals has been to bring more Amtrak
service back to the Northwest. I helped to organize the Greater
Northwest Passenger Rail Working Group, whose vision is to
develop a multimodal, connected transportation network anchored
by passenger rail.
We worked on the Corridor Identification Program
applications to the FRA such as from Boise to Salt Lake City
and participated in the FRA long distance service study
required by the IIJA. I am excited the former Pioneer route is
one of the routes included in FRA's proposed long distance
expansion.
I am a problem solver who recognizes the importance of
collaboration, creative ideas, planning, setting priorities,
and managing lean budgets. I work by bringing those ideas and a
fresh perspective and working transparently with the public and
decisionmakers so all have a voice and ownership in the way
forward.
The United States was built on opportunity for all. We need
more travel options, particularly for those who are aging,
disabled, or unable to drive or fly, and especially in our
small communities and rural areas. Without the train that
brought my grandparents to Idaho, they would not have had the
same opportunities.
Without trains and other travel modes, many Americans today
can't take advantage of the opportunities that would otherwise
improve their lives. If confirmed, I will continue to bring--
work to bring passenger rail to the places that don't have
service today and will provide a Western point of view on the
Amtrak Board.
Thank you for your time. Happy to answer any questions.
[The prepared statement and biographical information of Ms.
Clegg follow:]

Prepared Statement of Elaine Clegg, Nominee to be a Director,
Amtrak Board of Directors
Chair Cantwell, Ranking Member Cruz, members of the Committee:
Thank you for inviting me to appear before you today. My name is Elaine
Clegg, and I'm deeply honored to have been nominated to join the Amtrak
Board of Directors.
I'm a resident of Boise, Idaho, and an Idaho native. I grew up
loving train travel, traveling by train to Boise every summer while my
family lived in Denver. My mother's family moved to Idaho by train and
even lived in a boxcar on a siding for seven years as part of a
fledgling logging community.
Idaho has been the fastest growing U.S. state for most of the past
decade and is part of the Mountain West Region--the fastest growing
region in the country. The Mountain West has harsh winters that often
close roads, an aging population and nearly 20 million people who
experience lower levels of Amtrak and other public transportation
services than found elsewhere in the country despite long travel
distances. If confirmed, I will provide a Western point of view on our
Nation's rail needs.
My advocacy for better public transportation is accompanied by
twenty years of experience overseeing public services for a city with
over 230,000 residents as a member of the Boise City Council, where my
primary focus was in land use and transportation. I also chaired the
National League of Cities' Transportation and Infrastructure Services
Committee and have served on numerous boards of city and professional
organizations across the country. Before serving on the city council, I
spent 15 years running a small business, then working for a non-profit
organization, all while raising five children and finishing my college
degree.
Since February of last year, I have been the CEO of Valley Regional
Transit, where I previously served as a Board and Executive Board
member and chair. Valley Regional Transit provides fixed route bus
service throughout the Boise metropolitan area, serving over a million
riders annually. We recently introduced a revised bus network offering
better service while improving cost efficiencies in our operations.
The only Amtrak services in the Mountain West are four long-
distance routes that skirt the edges of the region and operate once a
day or less. There is no service at all in the heart of the inland
northwest. Boise has one of the most beautiful train stations in the
country, but it has been without a passenger train since the Pioneer, a
long-distance train from Seattle through Denver to Chicago, was
discontinued in 1997. Today, Idaho's only Amtrak train is the Empire
Builder, stopping at a single station in a remote panhandle community
in the middle of the night. Idaho, like other Mountain states, has
little airline service outside of the Boise region, with very little
air service and very sparse inter-city bus elsewhere.
Those of us who live in the Mountain West want and need passenger
rail and other ways to travel. People move to our region to for the
lifestyle, yet, because of the lack of transportation options, what
they are finding in their new home is a lot of long-distance driving on
difficult roads--even in bad weather.
One of my long-standing goals has been to bring more Amtrak service
back to the Northwest. I helped organize the Greater Northwest
Passenger Rail Working Group whose vision is to develop a multimodal,
connected transportation network anchored by passenger rail. We worked
on Corridor Identification Program applications to the Federal Railroad
Administration, such as from Boise to Salt Lake City, and participated
in the FRA-led Long-Distance Service Study required by the
Infrastructure Investment and Jobs Act. I am excited the former Pioneer
route through Boise is one of the routes to be included in FRA's
proposed Amtrak long-distance service expansion.
I am a problem solver who recognizes the importance of
collaboration, good planning, setting priorities, and managing lean
budgets. I work by bringing creative ideas, a fresh perspective and
working transparently with the public and decision makers so all have a
voice and ownership in a way forward that everyone can get behind.
The United States was built on opportunity for all. We need more
travel options, particularly for those who are aging, disabled, are
unable to fly or drive, and especially in our small communities and
rural areas. Without the train that brought my grandparents to Idaho
they would not have had the same opportunities. Without trains and
other travel modes many Americans today can't take advantage of the
opportunities that would otherwise improve their lives.
If confirmed as a member of Amtrak's Board, I will continue to work
to bring passenger rail service to the places where it doesn't exist
today and will provide a Western point of view and experience that the
Amtrak Board needs.
I thank you for your time and will be happy to answer any questions
you may have.
______

a. biographical information
1. Name (Include any former names or nicknames used): Elaine Marie
Clegg, Elaine Marie Godfrey (maiden name).
2. Position to which nominated: Amtrak (National Passenger Rail
Corporation) Board of Directors.
3. Date of Nomination: May 2, 2024.
4. Address (List current place of residence and office addresses):

Residence: Information not released to the public.
Office: 700 NE 2nd Street, Meridian, ID 83642

5. Date and Place of Birth: April 5, 1955; Boise, Ada County, ID.
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).

Brett Wynn Clegg, Jacobs Solutions Inc.; April Lynette Truax,
43 years old; Zachariah Brett Clegg, 41 years old; Dominique
Nichole Oakley, 40 years old; Kelsie Anne Clegg, 35 years old;
Whitney Dawn Clegg, 33 years old.

Boise State University, Boise, ID, 1973-1977, 1996-1997
B.A., Fine Arts, Painting and Drawing Emphasis
Graduated 1997, Cum Laude.

List all post-undergraduate employment, including the job title,
name of employer, and inclusive dates of employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.

2023 to present
Chief Executive Officer
Valley Regional Transit
Ada and Canyon Counties, HQ Meridian, ID

2004-2023
City Council Member Seat 5
City Council President or Pro-Tem 2005-2006, 2015-2023
City Of Boise
Boise, ID

2004-2023
Program Manager
Idaho Smart Growth
Boise, ID

2013, 2020-2022
Interim Executive Director
Idaho Smart Growth
Boise, ID

1998-2003
Co-Executive Director
Idaho Smart Growth
Boise, ID

1992-1998
Local Ad Program Advertising Designer
PayLess Drug Stores
District 7, Boise, ID

1993-1998
Weekend Bookkeeper
PayLess Drug Stores
District 7, Boise, ID

1979-1992
Self Employed--Graphic Design, Fine Art
Boise, ID

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 after 18 years of age.

Idaho Lands Resource Coordinating Council, Idaho Department
of Lands, 2013-2023, Council member

City of Boise, Arts and History Commission, 2004-2011,
Commissioner

Idaho Transportation Department, Safe Routes to School
Advisory Committee (SRTS), committee member 2004-2013

City of Boise, Neighborhood Alliance, city advisory
committee 1988-2002

City of Boise, Foothills Planning Advisory Committee,
Neighborhood Chair, 1992-1996

Service as National Board and Advisory Committee member

The Bus Coalition, Board member, 2023 to present

The American Public Transportation Association (APTA) High
Speed and Inter-City Passenger Rail Committee member 2023 to
present

National League of Cities (NLC) 2009-2023--Board member 2022

NLC Transportation and Infrastructure Service Committee
leadership 2015-2022, Chair 2022

Association of Metropolitan Planning Organizations (AMPO),
2009-2019--Board member, President 2015-2017

Surface Transportation Policy Partnership, 2006-2019, Board
member, Secretary 2016-2019

Transportation for America, 2011-2015 Advisory Committee

Regional/State Board member positions;

Community Planning Association of Southwest Idaho (COMPASS),
2004 to present--Board Chair 2020, Executive Committee 2017-
2023

The Treasure Valley Clean cities Coalition, Board member
2023 to present

Valley Regional Transit (VRT) 2006-2023 Board Chair 2014 and
2018

Association of Idaho Cities 2006-2023, Executive Committee
2016-2023, Board President 2019

Idaho the Association for the Gifted, Board Member, 1994-
2003, Board Chair 2002

North End Neighborhood Association, Boise, ID, member, Board
member, President 1985-89

Parent Teacher Association, Longfellow Elementary school,
1990-1995

Silver Sage Girl Scout Council, Troop leader, 1995-1998

North Boise Little League, coach,

Idaho Smart Growth, Boise, ID, member, 1998 to present

Idaho Walk Bike Alliance, Boise, ID, member, 2010 to present

American Planning Association, Idaho Chapter, member 2012 to
present

Urban Land Institute, Idaho Chapter, member 2018 to present

Treasure Valley Canopy Network, Treasure Valley, Boise, ID,
member 2020 to present

Women's Transportation Seminar, Southwest Idaho Chapter,
member 2018-2020, 2023 to present

2004-2023
City Council Member Seat 5
City Of Boise, Boise, ID
Campaign account closed, no debt incurred

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.

Candiate Office Date Amount

Diana Lachiondo Ada County Commission 6/18/2020 $200.00
Lauren Mclean Mayor, City of Boise 4/7/2023 $250.00
Jimmy Hallyburton Boise City Council, Seat 3 8/29/2023 $200.00
Lauren Mclean Mayor, City of Boise 8/29/2023 $250.00

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

City of Boise, Key to the City honoree, 2023

Association of Idaho Cities, John Evans Distinguished
Service award 2023

Idaho Business Review Women of the Year 2020

Boise State University Distinguished Alumni 2018

The Consequences of Residential Infill Development on Existing
Neighborhoods in the Treasure Valley, a Study and Conclusions;
https://www.idahosmartgrowth.org/wp-content/uploads/2014/04/
uliisg_infill_
report.pdf

Find Presentation here: https://www.idahosmartgrowth.org/wp-
content/up
loads/2014/04/infill_forum_presentation.pdf

Quality Infill Recommendations and Tools:
https://www.idahosmartgrowth.org/wp-content/uploads/2014/05/
quality_in
fill_final1.pdf

Find Presentation here: https://www.idahosmartgrowth.org/wp-
content/up
loads/2014/04/isg_quality_infill_presentation.pdf

Smart Growth Best Practices, Putting Smart Growth Policy into
Practice:
https://www.idahosmartgrowth.org/wp-content/uploads/2014/05/
smart_
growth_best_practices_21.pdf

Safe Routes to School Handbook of Best Practices:
https://www.idahosmartgrowth.org/wp-content/uploads/2014/05/
safe_routes_
to_school_bp_final-compressed.pdf

Appendix B--Community Reviews and Best Practice
Recommendations:
https://www.idahosmartgrowth.org/wp-content/uploads/2014/05/
safe_routes_
to_school_city_policy_review.pdf

Model School District Policies in Support of Safe Routes to
School:
https://www.idahosmartgrowth.org/wp-content/uploads/2014/05/
Model-
School-Policies.pdf

Code Reform--Model Codes

Introduction: https://www.idahosmartgrowth.org/wp-content/
uploads/2014/10
/Introduction-to-zoning-for-smart-growth.pdf

Comprehensive Planning Policies: https://
www.idahosmartgrowth.org/wp-content/uploads/2014/10/
Comprehensive-Planning-Policies-final.pdf

Module 1, Mixed use Activity Centers: https://
www.idahosmartgrowth.org/wp-content/uploads/2014/10/Z2-
Neighborhood-Market-Place-District-final.pdf

Module 2, Neighborhood Marketplace District: https://
www.idahosmartgrowth.org/
wp-content/uploads/2014/10/ZI-Mixed-Use-Activity-Center-
Zone-final.pdf

Module 3, Accessory Dwelling Units: https://
www.idahosmartgrowth.org/wp-content/uploads/2014/10/Z3-
Accessory-Dwelling-Units-final.pdf

Module 4, Connectivity Standards: https://
www.idahosmartgrowth.org/wp-content/uploads/2014/10/Z4-
Connectivity-Standards-final.pdf

9/15/2024 https://idahobusiness review.com/tag/idaho-
transportation/
6/12/2024 https://www.cityofboise.org/news/parks-and-recreation/
2024/june/elaine-clegg-city-of-trees-challenge-
partners-celebrate-planting-235-000-forest-
6/1/2024 https://etatransit.com/wall-of-love/
4/1/2024 https://podcasters.spotify.com/pod/show/bvaboardroom/
episodes/Elaine-Clegg--BVA-Boardroom-Ep--15-e2hqqcg
12/8/2023 https://www.aol.com/idaho-sought-amtrak-return-boise-
100000137.html
7/23/2023 https://gemstatepatriot.com/blog/the-high-cost-of-
mass-transportation/
5/15/2023 https://www.youtube.com/watch?v=eE0exGIVJjA
4/24/2023 https://web.boisechamber.org/events/
2023leadership%20conference%20trains%20planes%20and%
20automobiles%20%20mobility %20in%20idaho%
3/21/2023 https://www.webstergrovesmo.gov/DocumentCenter/View/
11796/MayorCouncil-Letter-on-Railroad-Safety
3/14/2023 https://boisedev.com/news/2023/03/14/elaine-clegg-
final-council/
1/10/2023 https://www.masstransitmag.com/management/press-
release/21292016/valley-regional-transit-vrt-valley-
regional-transit-board-
9/27/2022 https://www.railwayage.com/passenger/transit-briefs-
metrolinx-amtrak-septa-mbta-wmata/
9/5/2022 https://idahonews.com/news/local/boise-to-salt-lake-
passenger-rail-line
6/9/2022 https://www.nlc.org/post/2022/06/09/boise-id-council-
president-testifies-before-congress-on-strengthening-
road-safety-in-communities/
4/6/2022 https://www.apta.com/conferences-events/high-speed-
rail/2022-high-speed-rail-meeting-full-program/
12/6/2021 https://www.nlc.org/post/2021/12/06/nlc-launches-
safety-first-challenge/
10/10/2021 https://idwc.org/elaine-clegg-and-many-more/
9/29/2021 https://idahobusinessreview.com/2021/09/29/
transportation-reps-city-officials-cut-ribbon-for-
new-electric-buses/
8/8/2021 https://www.idahopress.com/community/life/tim-
woodward-bring-back-our-train-amtrak-s-pioneer/
article_f638e34a-72a3-5446-a6cd-
8/5/2021 https://www.boisestatepublicradio.org/news/2021-08-05/
infrastructure-congress-amtrak-boise-idaho-pioneer-
route
8/1/2021 https://woodwardblog.com/2021/08/
6/13/2021 https://gorgenewscenter.com/2021/07/13/gorge-
commission-hears-proposal-to-resume-the-amtrak-
pioneer/#google_vignette
6/7/2021 https://www.idahopress.com/news/local/passenger-
trains-at-the-boise-depot-city-council-hopes-to-
resurrect-amtrak-line/article_f17fa682-52e3-
11/18/2020 https://boisedev.com/news/2020/11/18/ boise-mayor-
city-council-take-a-pass-on-pay-raises-for-2021/
10/15/2020 https://www.climatehubs.usda.gov/hubs/northwest/topic/
reducing-urban-heat-through-tree-planting-boise
4/24/2020 https://idahonews.com/news/local/city-of-boise-wants-
to-plan-100000-trees-over-the-next-10-years
2/14/2020 https://boisedev.com/news/2020/02/14/elaine-clegg-
tree-city-challenge/
11/5/2019 https://www.idaho press.com/news/local/clegg-holds-
seat-on-boise-city-council/article_ 21716568-0228-
5481-916f-5d660ac82bdd.html
9/9/2019 https://nextcity.org/features/can-cities-ever-
eliminate-hunger
6/24/2019 https://kemlu.go.id/sanfrancisco/en/news/1514/
courtesy-call-with-governor-of-idaho-and-council-
president-of-the-mayor-office-of-boise
10/26/2018 https://www.boisestate.edu/news/2018/10/26/boise-
state-honors-boise-city-council-kustras-during-
homecoming-2018/
5/16/2018 https://www.youtube.com/watch?v=WtXKa6Os_q4
12/1/2017 https://www.ptvermont.org/wp-content/uploads/2017/12/
publicbuildings.pdf
11/1/2016 https://www.vpnaboise.org/2016/11/esther-simplot-park-
officially-opens/
6/6/2016 https://www.youtube.com/watch?v=fRLtGrS0Jss
9/15/2015 https://www.idahostatesman.com/news/politics-
government/election/article41569377.html
6/16/2014 https://bikeleague.org/sites/default/files/Joint%
20USCM%20NLC%20Letter%20on%20Transportation
%20Alternatives %20Program.pdf
1/30/2014 https://legislature.idaho.gov/ wp-content/uploads/
sessioninfo/ 2014/standingcommittees/ 140130_sedu_0
1/19/2014 https://www.lmtribune.com/ northwest/skinny-houses-
are-big-in-boise/ article_c1c97c24-a251-5438-94aa-
0ea45cceb73f.html
6/25/2013 https://www.pps.org/article/canceling-the-curve-a-
small-town-rightsizing-success-story
12/8/2012 https://stateimpact.npr.org/idaho/2012/12/08/ idaho-
county-and-city-leaders-brace-for-personal-property-
tax-debate/
6/5/2012 https://smartgrowthamerica.org/councilmember-elaine-
clegg-on-boise-idahos-blueprint-for-success/
6/6/2011 https://www.youtube.com/watch?v=7q8SRmd0iow

Question 19

Date Type Location Statement Link Additional

9/21/2015 Speech Campaign Standing before a group https://
of supporters at the garyerichardson.com/
Boise Depot, Clegg 2015/09/21/elaine-clegg-
noted that she has been cites-boise-successes-
pushing for a multi- and-work-yet-to-be-done-
modal freight system in-announcing-re-
``that will include election-campaign/
using this great rail
system that we have
right behind us, and
figuring out a way to
move freight from truck
to rail and rail to
truck and utilizinga
great airport that
could also be part of
this freight-movement
system.''
9/29/2016 Conference National Summit A national convention https://www.fhwa.dot.gov/
on about how policy/otps/
Transportation transportation connects nsto_symposium_white_pap
and people to er_final.pdf
Opportunity opportunities.
Participant: Elaine
Clegg.
9/11/2020 Conference Virtual ITS 202 Annual Meeting https://www.ite.org/ Photo Attached
Panel and Exhibition events-meetings/ite-
virtual-annual-meeting-
and-exhibition/program/
9/17/2020 Conference Montana On Thursday, September https://
Passenger Rail 17, over 300 people montanapassengerrailsum
Summit from around the state, mit.org/summit/2020/
region, and country
gathered virtually for
the inaugural Montana
Passenger Rail Summit.
Summit attendees
included elected
officials, business
leaders, students,
passenger rail experts,
environmental
organizations, public
health experts, and
transportation
enthusiasts. Speaker:
Elaine Clegg.
9/17/2020 Conference Montana Rail Connecting the U.S.
Presentation Passengers
Summit
9/18/2020 Article Missoula ``If we were able to https://
Current reestablish such a missoulacurrent.com/
system, I think the restore-
Intermountain West passenger-rail/
wouldn't be nearly as
isolated as it is today
in the national
economy,'' Clegg said.
``We'd love to see an
opportunity to
establish an inter-
state regional rail
commission in this
region. If we could
look at this as a
region and really look
at the connections
between Seattle and
Salt Lake, and
Pocatello and various
parts of Montana, we
could establish a good
system of connectivity
throughout the
Northwest region.''
1/23/2021 Panel Oregon Connecting Communities Agenda Doc
Discussion Passenger Rail attached
Summit:
Connecting
Communities
6/22/2021 Article Boise Dev ``We know that people in https://boisedev.com/
eastern Oregon and news/2021/06/
across southern Idaho 22/amtrak-idaho-clegg-
want to get to Boise crapo/
for various services
like healthcare,
financial reasons and
various government
services and we know
that the weather in
this region isn't
really conducive to
driving year round,''
Clegg said. ``For me,
the first important
reason (Amtrak service
matters) is that it
connects this region
which is a culturally
similar region in a way
that allows people to
get to the services
they need even if they
can't drive, which lots
of people can't do
anymore.''
7/13/2021 Presentation Series of Rail Coordination in the https:// typical ppt
meeting Northwest--typical gorgenewscenter.com/ attached
presentations presentation, to 2021/07/
on behalf of Columbia Gorge 13/gorge-commission-
the Greater Commission, Wyoming hears-proposal-to-
Northwest MPO's, Association of resume-the-amtrak-
Passenger Rail Idaho Cities, eastern pioneer/
Working Group Oregon cities, and more
7/19/2021 Article Idaho Statesman For six years growing up https://
in Denver, Elaine Clegg www.idahostatesman.com/
boarded a train with news/
her mother and sisters local/traffic/
to spend the summer in article252757533.html
Boise. ``I loved it,''
said Clegg, who was
first elected to the
Boise City Council in
2003 and now serves as
its president, in a
phone interview. ``It
was so much fun.''
Clegg and other
passenger train
advocates would like to
see the Pioneer
restored.
7/19/2021 Article Idaho Statesman A bill in the U.S. https://
Senate calls on Amtrak www.idahostatesman.com/
to study the Pioneer news/
route and three other local/traffic/
abandoned passenger article252757533.html
rail routes. ``We're
pretty confident it
will make it through
the Senate,'' said
Clegg, who serves on
the transportation
infrastructure
committee of the
National League of
Cities. Through that
position, Clegg said
she was able to speak
personally with
Transportation
Secretary Pete
Buttigieg and share her
views. ``He's very well
aware of it, very
supportive, as are two
undersecretaries who
we've met with numerous
times,'' Clegg said.
7/19/2021 Article Idaho Statesman ``I think there's a https://
recognition that the www.idahostatesman.com/
rest of the world news/
enjoys much better local/traffic/
choice in how to get article252757533.html
around their country
because they make this
investment, and maybe
it's worth doing so
here,'' Clegg said.
Clegg also belongs to
the Greater Northwest
Passenger Rail Working
Group, a loosely knit
group of train
advocates who have been
meeting for the last
year to return
intercity rail service
in the Northwest. ``We
think this is a part of
the country that's much
underserved by rail,
and there's a lot of
economic and
environmental benefits
if we can re-establish
passenger rail in the
region,'' Clegg said
Tuesday during a
presentation to the
Columbia River Gorge
Commission.
7/19/2021 Article Idaho Statesman Resurrecting the Pioneer https://
run would prove www.idahostatesman.com/
successful, Clegg said. news/
``I think people would local/traffic/
ride it and it would article252757533.html
bring great benefit
economically,'' she
said.
7/19/2021 Article Idaho Statesman Clegg hopes that the https://
Pioneer route could www.idahostatesman.com/
figure into Amtrak's news/local/
plan. Amtrak hasn't traffic/
commented on the article252757533.html
efforts. ``I can't say
Amtrak is opposed to
what we're doing, but
if there's anyone that
we've gotten pushback
from, it's them,'' she
said. ``I believe
that's because they
don't think they're
going to have the
resources to do this.''
11/14/2021 Conference 2021 Fall Idaho She also touched upon https://idwc.org/elaine-
Democratic the future of rail clegg-and-many-
Women's Caucus including Amtrak and more/
Breakfast her efforts to bring
more passenger rail to
our state. With the
recent Federal focus on
infrastructure, the
timeliness of her
speech cannot be
overlooked.
1/20/2022 Board Boise Metro Transit and Rail PPT attached
Presentation Chamber of
Commerce Board
3/13/2022 Conference National League Agenda: Transportation https://www.nlc.org/wp-
Proceedings of Cities and Infrastructure content/
Services Federal uploads/2022/03/FINAL-
Advocacy Committee NLC TIS-CCC-
Congressional City Agenda.pdf
Conference Sunday,
March 13, 2022, 1:00-
4:00 p.m. ET, RAIL &
TRANSIT The Honorable
Elaine Clegg Chair of
TIS and Council
President, City of
Boise, ID
3/13/2022 Conference APTA Committee V. Discussion with Key https://www.apta.com/wp- PPT attached
Panel on High-Speed APTA Partners on content/
Discussion and Intercity Passenger Rail uploads/HSIPR-Agenda-
Passenger Rail Opportunities and March-2022-
Challenges 1.pdf
3/30/2022 Conference APTA High Speed General Session: Visions https://www.apta.com/ https://www
Panel Rail of State, Local, conferences- .apta.com/
Presentation Conference National and events/high-speed-rail/ conferences-
International Leaders; 2022-high-speed- events/high-
Join a wide range of rail-meeting-full- speed-rail/
industry leaders and program/ 2022-high-
stakeholders as they speed-rail-
discuss the multitude conference-
of benefits that can be speakers/
achieved by building a
robust high-speed and
intercity passenger
rail network that is
environmentally
friendly, resilient,
and sustainable.
4/12/2022 Infrastructu Boise Metro ``Leading For Growth: https:// PPT attached
re Panel Chamber of Solutions through web.boisechamber.org/
Commerce Regional Partnerships`` events/
Leadership 2022-Leadership-
Conference Conference-Leading-For-
Growth-Solutions-through-
Regional-
Partnerships-8250/
details
4/29/2022 Conference Rail Users Elaine Clegg who is the https:// PPT attached
Network President of Boise's www.railusers.net/past-
Virtual Mini- City Council, and is conferences/2022-virtual-
Conference also the Program mini-conference/
Manager of Idaho Smart
Growth, will talk about
restoring the Pioneer
Passenger Rail Route
from Seattle,
Washington to Denver,
Colorado.
4/29/2022 Conference Rail Users ``Look West''--Here's https:// Agneda doc, PPT
Presentation Network Where Advocates Are www.railusers.net/past- attached
Virtual Mini- Fighting To Restore/ conferences/2022-virtual-
conference Expand Rail Service In mini-conference/
The Western US/British
Columbia''
7/29/2022 Article Boise Dev ``Economically it's well https://boisedev.com/
proven that rail 2022/06/29/
connections provide a amtrak-boise-service/
lot of economic
benefits, especially in
a region like ours
where the ability to
travel intercity is so
limited,'' Boise City
Council President
Elaine Clegg said.
``The only way to get
to many of the places
in our region is by car
and so in the winter or
if you're aging or if
you have other
restrictions that make
it difficult for you to
use a car, it truncates
the ability to travel
inter-regionally.''
7/29/2022 Article Boise Dev ``Combined with all of https://boisedev.com/
this is an interest to 2022/06/29/
work on establishing a amtrak-boise-service/
regional rail from
Caldwell to Mountain
Home that would serve
the folks in this
region who need to get
to the various places
for work or whatever
else,'' Clegg said.
``In addition to the
bigger picture long-
distance benefits,
there's a real
potential benefit to
the region to get the
opportunity to have an
option besides driving
on the freeway to get
around.''
8/23/2022 Conference Big Sky This session will take a https://
Panel Passenger Rail deep dive into the two www.bigskyrail.org/2022
Presentation Summit former Amtrak routes-- summit/v/session-6-22214-
the North Coast study-routes-1
Hiawatha and the
Pioneer--that have
already been confirmed
to be included in the
Section 22214 Study
directed by the
Infrastructure
Investment and Jobs Act
(IIJA) passed by
Congress in November
2021, as well as
examine other
discontinued routes in
the Northwest that may
also be included in
that study. Section
22214 of the IIJA
directs the U.S.
Department of
Transportation to
conduct a study of
discontinued long-
distance rail routes,
with a report to be
delivered to Congress
within two years with
its findings and
recommendations on
which routes Congress
should fund the
restoration of. Section
22214 also allows
exploration of
potential new long-
distance routes, of
which the FRA may
address other key
potential routes in
this session as well as
the previous break-out
sessions.
9/2/2022 letter to From officials in Idaho https://allaboardnw.org/
Administrator site/assets/
Bose regarding files/7511/fra-2022-0031-
long distance 0031_attachment
study _1.pdf
9/14/2022 Article Boise Dev City Council President https://boisedev.com/
Elaine Clegg said this news/2022/09/
route is only a small 14/boise-salt-lake-city-
piece of the work to partnering-to-request-
bring more robust rail-service-between-
passenger rail service cities/
to the Mountain West.
For the last year, she
has been leading the
push on including Boise
in long-distance rail
routes operated by
Amtrak, instead of just
a shorter route with
more frequent trips
between Boise and SLC.
She said in addition to
adding service between
Portland and SLC, there
is discussion of
studying a north-south
route called Desert
Wind from Utah down to
Las Vegas. ``It would
be a tremendous route
if they do end up
identifying that,''
Clegg said.
9/15/2022 Article Idaho News ``The corridor ID https://idahonews.com/
program really offers news/local/
an opportunity to go boise-to-salt-lake-
beyond the long- passenger-rail-line
distance Amtrak
routes,'' Boise City
Council President
Elaine Clegg said.
``And look at more
frequent service
between those city
pairs that can be so
important to the
economic region.''
9/19/2022 Article KSL ``Any (routes) chosen by https://www.ksl.com/
(the Federal Railroad article/50478925/
Administration) through a-utah-train-to-idaho-
this and the long salt-lake-boise-leaders-
distance study will be are-working-to-restore-
eligible for technical old-service
assistance It's really
exciting stuff.''
9/22/2022 Article KJZZ ``The corridor ID https://kjzz.com/news/
program really offers local/passenger
an opportunity to go -train-route-from-salt-
beyond the long- lake-city-to-boise-
distance Amtrak under-consideration
routes,'' Boise City
Council President
Elaine Clegg said.
``And look at more
frequent service
between those city
pairs that can be so
important to the
economic region.''
9/26/2022 Article Idaho Statesman Elaine Clegg, Boise's https://
City Council president, www.idahostatesman.com/
has for years been news/
advocating for the local/traffic/
return of rail service article266189766.html
through the historic
Boise Depot. She told
the Idaho Statesman
that while Amtrak has
long left huge swaths
of the Mountain West
out of its future
service plans, that may
now be changing as the
Federal government
injects previously
unheard of amounts of
money into the Nation's
rail.
9/26/2022 Article Idaho Statesman ``They are recognizing https://
that this is maybe a www.idahostatesman.com/
once in a lifetime news/
opportunity to local/traffic/
reestablish rail in article266189766.html
ways in the United
States that we haven't
seen since the 1960s,''
Clegg said.
9/26/2022 Article Idaho Statesman ``About a quarter of the https://www.idahostates
people in the United man.com/news/
States live in rural local/traffic/
places,'' Clegg said. article266189766.html
These areas have ``been
contributing to Amtrak
over the years (and)
haven't seen any
service from it.''
10/2/2022 Article Lewiston Elaine Clegg, Boise's https://
Tribune City Council president, www.lmtribune.com/
has for years been business/
advocating for the train-travel-plan-gains-
return of rail service steam/article_
through the historic 38e53330-4077-5b08-ac57-
Boise Depot. She told 518aff65
the Idaho Statesman 428d.html
that while Amtrak has
long left huge swaths
of the Mountain West
out of its future
service plans, that may
now be changing as the
Federal government
injects previously
unheard of amounts of
money into the Nation's
rail. ``They are
recognizing that this
is maybe a once in a
lifetime opportunity to
reestablish rail in
ways in the United
States that we haven't
seen since the 1960s,''
Clegg said.
12/22/2022 Article Idaho Statesman Transportation has been https://
a focus of Clegg's on www.idahostatesman.com/
the council, where she news/
has spearheaded efforts local/community/boise/
to bring passenger rail article27034
back to Boise with the 9102.html
help of Federal
funding.
1/31/2023 Article KTVB ``One of the reasons I https://www.ktvb.com/
became a proponent of article/news/
long rail is that it local/growing-idaho/
then establishes elaine-clegg-valley-
passenger movement on regional-transit-public-
that rail corridor. And transportation-bus-
once that's train-treasure-valley/
established, then in 277-07537ef5-44e2-
fact, we can use it for 4a69-a784-452a7c898714
commuter,'' Clegg said.
``Having said that,
without a good bus
system underneath it,
it won't work. And so
we really need both.''
1/31/2023 Article, KTVB Career review https://www.google.com/
Biographical amp/s/
Sketch www.ktvb.com/amp/article/
news/
local/growing-idaho/
elaine-clegg-boise-
growth/277-b499f7bc-9556-
43b1-ad78-
56745d0edeab
2/13/2023 Blog PNWR Capital ``[PNWR] met with Elaine https://www.pnwer.org/
Visits Clegg, CEO of Valley blog/recapping-
Regional Transit, and the-2023-pnwer-capital-
Bill Conners, CEO of visits
the Boise Metro
Chamber, to discuss
trains and transit in
the Treasure Valley.''
3/7/2023 Article, VRT ``Get to know the CEO`` https://
Biographical www.valleyregionaltrans
Sketch it.org/
news/get-to-know-the-ceo/

3/22/2023 Conference AANW Connect
Rail Summit
3/31/2023 Conference Montana Rail
Effort
4/14/2023 Panel National Sustainability and the https://www.nar.realtor/
Assocaiton of State of Idaho sustainability/
Realtors, nar-community-and-
Community and stewardship-series-
Stewardship boise-idaho
Series
6/1/2023 Presentation Boise Rotary ppt attached
Club
6/6/2023 Panel Idaho Business ``There's $66 billion in https://idahobusiness
Discussion Review: the bipartisan review.com/2023/
Transportation infrastructure law over 06/06/ibr-panel-
's Future in five years for trains. transportations-future-
Idaho It's over 10 times what in-idaho/
we've spent as a
country on railroads in
forever, and certainly
in decades. Part of
that includes money to
do a long distance
study of routes that
were discontinued in
the past. One of those
routes is Pioneer. The
Federal Railroad
Administration (FRA) is
charged with developing
a recommendation for
Congress by November 15
of this year, and from
that recommendation,
Congress will determine
which of those routes
they will direct Amtrak
to add back into the
national system. So,
we're very hopeful that
the Pioneer will both
get that recommendation
from FRA and get that
vote from Congress.
When it comes time,
we'll let you all know
who you can contact to
help with that vote, I
think there may be some
action there.''
7/12/2023 Conference, Greater Moderator: Elaine Clegg. https://gnwprs.org/2023/
Panel Northwest Better Together: Moving videos/
Moderator Passenger Rail People & Freight on the
Summit Same Tracks.
Introducing High
Performance Rail--
Identifying ways to co-
invest in freight and
passenger rail to
improve overall rail
performance. How have
passenger rail service
providers across the
U.S. and Canada
successfully navigated
their relationships
with host freight
railroads? How can
those lessons inform
the current discussion
to expand passenger
rail service in the
Pacific Northwest?
7/12/2023 Conference Idaho Press Elaine Clegg, CEO of https://
Article Valley Regional Transit www.idahopress.com/news/
and former Boise city
councilmember, said local/everyone-has-a-
that around three years train-story-north
ago, leaders formed the west-leaders-hopeful-
Greater Northwest rail-service-will-re
Passenger Rail Working turn-to-idaho/
Group to determine article_92fd436c-27f3-
interest in the idea. 11ee-b24e-
Since then, Clegg said, 537a8906963a.html
the group has turned
Amtrak and others from
skeptics to supporters.
10/18/2023 Conference Idaho Walk Bike Leadership (elected https://
Panel Alliance officials--local and idahowalkbike.org/2023-
Moderator Transportation state) Senator Rick trans
Conference Just, Representative portation-conference/
Julie Yamamoto, Mayor
Jarom Wagoner, City
Councilwoman Linda
Leeuwrik,--Moderator:
Elaine Clegg
11/21/2023 Article Idaho Statesman Of course, the rail is a https://
big issue of mine. I'll www.idahostatesman.com/
continue to work on news/
that. I think there's a local/community/boise/
tremendous opportunity article273154
to do regional rail 270.html
here. That could be a
game-changer in terms
of how people move
around regionally in
the valley.
12/7/2023 Panel Idaho Business Clegg: ``There's $66 https:// PPT link
Discussion Review: Forum billion in the idahobusinessreview.com/
on the Future bipartisan tag/
infrastructure law over idaho-transportation/
five years for trains.
It's over 10 times what
we've spent as a
country on railroads in
forever, and certainly
in decades. Part of
that includes money to
do a long distance
study of routes that
were discontinued in
the past. One of those
routes is Pioneer. The
Federal Railroad
Administration (FRA) is
charged with developing
a recommendation for
Congress by November 15
of this year, and from
that recommendation,
Congress will determine
which of those routes
they will direct Amtrak
to add back into the
national system. So,
we're very hopeful that
the Pioneer will both
get that recommendation
from FRA and get that
vote from Congress.
When it comes time,
we'll let you all know
who you can contact to
help with that vote, I
think there may be some
action there.''
2/8/2024 Podcast Talking we have incredible asset https://theoverhead
Headways running right through wire.com/2024/02/
the middle of our unedited-podcast-
valley. So we have a transcript-469-on-the-
main line, it's all bus-in-boise/
owned by Union Pacific
that handles a lot of
freight that skirts.
The valley on the south
does run through the
middle of the two most
Western cities, Nampa
and Caldwell. But at
Nampa there's a short
line that takes off and
that short line then
runs through the City
of mood and the City of
Boise, the two other
biggest cities in the
state of Idaho. And so
I've always been
interested in trying to
figure out a way to use
this rail line. We had
rail service, Amtrak,
long distance rail
service up until 1997
and there's long been a
movement to try and
reintroduce that. So I
got involved in that
movement during the
pandemic and, but the
ulterior motive for me,
even well before I took
this job was that that
would open the door to
this regional rail that
could make such a
difference in this
region. You know, a
freeway lane can move a
thousand cars an hour,
maybe 1500 if
everything's running
perfectly. And a rail
line like we're talking
about, can easily move
10,000 people an hour.
So If, you look at the
investment per
movement, you can
really make the case
financially that it
makes sense Not to
mention that there
really isn't anywhere
else to try and move
people in this valley
without double decking
the freeway or you
know, the kinds of
things that you see
that we now just don't
work. Yes. So that's
where the movement came
from. We're at a point
where we put in for a
quarter ID program
grant, did not get it,
but got a lot of input
that we had a great
line, there were
technical problems with
the application, not
the application itself,
administrative
problems, and we should
continue to move
forward. At the same
time we're in the works
for a reestablishment
of their long distance
line through an FRA
study. So we're
continuing to work on
all of those And then
as a organization,
valley Regional Transit
is pursuing what it
would take to use the
corridor for regional
rail by doing a
planning environmental
linkages study on that
rail line with our
local MPO.

Facebook: Elaine M Clegg elaine.m.clegg

Facebook: Elaine Clegg for Valley Regional Transit clegg4VRT

Twitter: Elaine Clegg, VRT CEO @clegg4VRT

Linkedin: Elaine Clegg, CEO, Valley Regional Transit LinkedIn

HOUSE COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
SUBCOMMITTEE ON HIGHWAYS AND TRANSIT HEARING ``ADDRESSING THE
ROADWAY SAFETY CRISIS: BUILDING SAFER ROADS FOR ALL'' JUNE 8,
2022

Link to statement https://www.congress.gov/117/meeting/house/
114856/witnesses/HHRG-117-PW12-Wstate-CleggE-20220608.pdf

Link to hearing https://democrats-transportation.house.gov/
committee-activity/hearings/addressing-the-roadway-safety-
crisis-building-safer-roads-for-all

A. The Northeast Corridor (NEC), while very successful, was
developed with a heavy commuter focus. Amtrak owns much of the
right-of-way along the NEC and there are portions in need of
modern improvements and other portions where those improvements
must be done collaboratively with partners. The equipment is
old. The BIL authorizes historic levels of funding to meet
these challenges.

Simultaneously looking at different operational strategies to
meet a new demand less focused on commuters, taking delivery
and testing the new equipment that has been ordered but is late
arriving due to supply chain challenges and developing the
plans, designs and then constructing the needed infrastructure
improvements must be achieved for the NEC to live up to its
potential.

B. The areas in the U.S. that are not on the east or west coasts
have spotty passenger rail service. In some places the service
does not meet expectations for on time performance or quality.
It is plagued in many places with delays dues to operating on
freight rail corridors. In others the rail is lower speed and
the run times are long. Some parts of the US, particularly the
intermountain west, lack service entirely. Connections between
routes and between important destinations are not timely. In
the face of these hurdles many are judging whether the system
is worthy of more investment.

Building national support to invest in rail on par with the
investment this country made in highways in 1956 would change
the face of travel in the country. It would grow the economy,
allow winter trips that are not being taken today because of
weather-related barriers, serve numerous city pairs that have
no travel options except driving under the current system,
bridge the great distances in the west and provide more timely
connections across the US. To prompt more support, Amtrak must
try new ideas. More effective operation/management contracts
and systems such as the Capitol Corridor in California that
allow freight and passenger to not only coexist but to thrive
in moving more freight and more people on time should be
explored. Upgrading equipment and amenities for a better trip,
trying new ideas such as interlined routes and overlapping more
effectively with state supported routes to achieve higher
frequency may be options. If successful, the system can become
as well-traveled as rail systems in other parts of the world
and can build bipartisan support for the investments needed to
make it work.

C. Amtrak is in the midst of hiring (and rehiring) an unprecedented
number of staff. Finding the right people, getting them
trained, and putting them into service while keeping safety at
the forefront is not an easy task, but is necessary to run the
system that many envision. Staff alone won't make the
organization run better unless they are the right people, with
the right task. The board oversight of management can help
deliver on that.

I have the intersection of Board expertise, budget experience and
policy knowledge, paired with a big picture outlook to address these
challenges.
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, such as a 401(k) or pension plan.

I currently work as CEO of Valley Regional Transit, the
regional transit authority for Ada and Canyon Counties in the
Boise ID metropolitan region. I am a fully vested member of the
Public Employee Retirement System of Idaho (PERSI), a defined
benefit pension plan. I hold a small 401K account with PERSI

I was an elected member of the Boise City Council for 19+
years and also participated in PERSI though the city and hold a
401K through the city.

I previously worked for the non-profit Idaho Smart Growth
and hold 401Ks from that time.

I hold small 401K funds from working at PayLess Drug Store
early in my career.

My husband has worked for Jacobs Solutions Inc, previously
CH2M Hill Inc. for over 45 years, he still works part time. We
hold a small defined benefit pension from the first few years
of his service. We hold larger 401K funds and have re-invested
stock and other assets from his time there in IRAs ROTH IRAs
and Annuities.

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 plan to continue employment as CEO of Valley Regional Transit and
to retain positions as a member of the Boards of The Bus Coalition, the
Community Planning Association of Southwest Idaho and the Treasure
Valley Clean Cities Coalition, and membership on the American Public
Transportation Association High Speed and Passenger Rail committee. I
would intend to retain memberships in The Women's Transportation
Seminar, ULI, Idaho Chapter, APA Idaho Chapter and non-profit
memberships in Idaho Smart Growth, the Idaho Walk Bike Alliance and the
Treasure Valley Canopy Network..
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 official 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. None.
5. Identify any other potential conflicts of interest, and explain
how you will resolve each potential conflict of interest. None.
6. Describe any activity during the past ten years, including the
names of clients represented, in which you have been engaged for the
purpose of directly or indirectly influencing the passage, defeat, or
modification of any legislation or affecting the administration and
execution of law or public policy.
I have commented and advocated to the Idaho congressional
delegation for transportation policy on every reauthorization since
1998 particularly working to help the delegation understand strengths
of a balanced transportation systems with multiple mode options and in
support of establishing a Safe Routes to School policy and program
during the TEA-21 and SAFETEA-LU reauthorizations. Later I worked with
the Idaho congressional delegation to ensure SRTS was continued in the
consolidation of Transportation Enhancements and SRTS into the new
Transportation Alternatives program in Map-21. Most of that advocacy
was related to my work at Idaho Smart Growth.
As a Board member for the Association of Metropolitan Planning
Organizations (MPOs) I served on a study committee that included
representatives from other national organizations in preparation for
the Map-21 reauthorization that worked to develop policy options
designed to make MPOs more effective and efficient and ultimately
supported only minor policy changes and an increase in funding for
planning grants to address the growth in the number of MPOs authorized
during MAP-21
As a private citizen and a city council member I have generally
advocated for establishment of passenger rail service in Idaho since
Idaho lost that service in 1997, including specifically supporting the
bipartisan efforts of Senators Crapo and Wyden to study the restoration
of the Amtrak Pioneer Route in 2008 and 2009 to the Idaho congressional
delegation and germane committee members.
At Idaho Smart Growth I convened the voice of the non-profit
planning community to develop positions on state policy issues from
2014-2016. My job was to then inform members of our organization on
those positions and ask those members to comment to their legislators.
Those positions were generally protection of the Local Land Use
Planning Act provisions on growth management, specifically annexation
policy and area of city impact policy. That group also supported state
support for SRTS after the changes consolidating it into the
Transportation Alternatives Program in national policy during Map-21
that continued in the FAST-Act.
During the last decade I have advocated for better transportation
policy and policy that impacts housing and land use at both the state
and national level on several fronts. Most of this work was focused on
transportation policy at the national level and much of it overlapped
my roles on city council and at Idaho Smart Growth. This advocacy was
informed by my membership and chairmanship of the Transportation and
Infrastructure Services Committee (TIS) at the National League of
Cities (NLC), my service as a City Council member and member of the
Association of Idaho Cities board and legislative committee, as a
member of the Greater Northwest Passenger Rail Working Group and most
recently as a Board member for the Bus Coalition and Committee member
of the APTA high Speed & passenger Rail Committee. This advocacy was
generally in support of Safe Routes to Schools policy and programs;
complete streets policies; bicycle, pedestrian and transit user safety
policies including Vision Zero and Safe Systems; restoration of
passenger rail service in the greater northwest, continued growth in
rail funding and authorized transportation funding levels that
supported growth in roadways, transit, bicycle and pedestrian, and rail
infrastructure. Listed below are the issues I worked directly on with
members of Congress or through my organizational representation and the
organization I was working with.
2015-2020--Issues related to the implementation of the
transportation reauthorization (FAST-Act) related to consolidation of
the SRTS and Transportation Enhancements programs into Transportation
Alternatives; issues related to implementing complete streets policies
at U.S. DOT and the Idaho Transportation Department; establishment of a
child pedestrian safety program in Idaho--advocated as Idaho Smart
Growth representative to Idaho congressional delegates and germane
committee members, and to state legislators and officials.
2015-2020--Issues related to the transportation reauthorization
(FAST-Act) and advocating to broaden the flexibility allowed in the
restructuring of the Surface Transportation Program into the Surface
Transportation Block Grant (STBG); issues related to the implementation
of the STBG program--advocated as a MPO and AMPO Board member and city
council advocate to Idaho congressional delegates.
2009-2020--Issues related to general principals in the TIS policy;
local control and flexibility in use of Federal highway trust funds
including sub allocating funds to the MPO or local level; modal equity,
intermodalism and multimodalism; user safety; streamlining project
delivery and reducing duplicative and allowing concurrent reviews;
increased funding for transit; comprehensive planning for passenger
rail expansion; increase funding for rail infrastructure; rail safety
including blocked crossings and information sharing around hazardous
fuels movement; freight planning and discretionary grants; supporting
further testing of alternative means of collecting funds for the
highway trust fund; allowing technological innovations to be tested;
continuing Federal support for airports; airport noise concerns as
next-gen traffic control is implemented;--advocated as a city council
member and member of the NLC TIS committee to Idaho congressional
delegates and administration members at U.S. DOT
2020-2023--Issues related to transportation reauthorization/
infrastructure package (Moving American Forward Act--H.R. 2); later the
Infrastructure Investment and Jobs Act (Pub. L. 117-58); issues related
to rental assistance and increased funding for housing assistance
related to the financial pressures created by the pandemic;
implementation of IIJA; issues related to the creation of a Greater
Northwest Passenger rail working group; return of the Pioneer Rail
Services; FRA Corridor Rail ID program; advocate for transit funding
and flexibility; review disparity in airport funding issues in CARES
Act--advocated as a city council member to Idaho congressional
delegates.
2021-2023--Continued advocacy on issues related to the TIS policy
specifically related to; new discretionary grant programs in support of
sub-allocation; technical assistance to eligible applicants of new
discretionary programs to ensure equitable access to those programs;
safe systems approach to roadway injuries and deaths; increased support
for passenger rail planning and expansion; improved rail safety and
support for the Bipartisan Railway Safety Act of 2023; increased
eligibility and funding for Build America Bureau financing tools;
support of these issues in specific policies in the IIJA--advocated as
a city council member and member of the NLC TIS committee to Idaho
congressional delegates and administration members at U.S. DOT
JUNE 8, 2022--The Honorable Elaine Clegg, on behalf of the National
League of Cities before the House Subcommittee on Transportation and
Infrastructure Subcommittee on Highways and Transit, a hearing
addressing the Roadway Safety Crisis: Building Safer Roads for All.
Testimony encouraging a Safe systems approach to Roadway deaths using
the Safe Streets and Roads for All program developed by USDOT.
2021-2024--issues related to expansion of passenger rail service in
the US; creation of additional interstate compacts; completion of a
long-distance study by the FRA; funding for revitalization and
restoration of long-distance routes outside the Northeast Corridor,
support for improving the Northeast Corridor; support for a Corridor
Identification program; support for increased funding for CRISI,
Crossing Elimination and R&E program; support for high performance rail
corridors--advocated as a city council member and now as CEO of Valley
Regional Transit and as a member of the Greater Northwest Passenger
Rail Working group to Idaho congressional delegates, Commerce Committee
members and administration members at U.S. DOT and FRA.
2023-2024--Issues related to the loss of fleet numbers and the
aging of bus fleets in bus transit services across the United States
due to reduced funding levels in MAP-21 and the FAST-Act; issues
related to the cost increases due to supply chain shortages and
inflation for bus purchases, requesting a plus-up for bus and bus
facilities funding to address the cost increases and shortages; and
requesting a temporary waiver of Buy America rules for a particular
small transit bus that is working to become Buy America eligible and
offers a cost effective and service effective alternative for small bus
purchases now--advocated as CEO of Valley Regional Transit and as a
Board member of the Bus Coalition to Idaho congressional delegates.
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, an Inspector General, professional association, disciplinary
committee, or other professional group? If yes:

a. Provide the name of court, 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.
Yes.
A lawsuit was filed against the City of Boise and named all city
council members as well as the mayor and two administrative officials.
At the time I was a member of the city council and was named in the
lawsuit along with the other council members and the mayor. The
plaintiffs alleged that the City's lease of a property for a homeless
shelter violated the Establishment Clause because the lessee intended
to include religious activities in its programming. The U.S. Court of
Appeals for the Ninth Circuit dismissed the claims against me and the
other council members. Case information below.

United States Court of Appeals, Ninth Circuit.
COMMUNITY HOUSE, INC.; Marlene K. Smith; Greg A. Luther; Jay D.
Banta, Plaintiffs-Appellees, v. CITY OF BOISE, IDAHO; Boise
City Council, Defendant, David H. Bieter, Mayor; Maryann
Jordan; Elaine Clegg; Vernon Bisterfeldt; David Eberle; Jerome
Mapp; Alan Shealy; Bruce Chatterton, Director, Planning and
Development Services; Jim Birdsall, Manager, Housing and
Community Development, Defendants-Appellants.
No. 09-35780.
Decided: October 06, 2010
Before ALEX KOZINSKI, Chief Circuit Judge, STEPHEN S. TROTT and
N. RANDY SMITH, Circuit Judges.

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.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees, and that
your department/agency endeavors to timely comply with requests for
information from individual Members of Congress, including requests
from members in the minority? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistleblowers from reprisal for
their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.

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______

STATEMENT OF
THE HONORABLE ELAINE CLEGG
COUNCIL PRESIDENT, CITY OF BOISE, ID
ON BEHALF OF THE NATIONAL LEAGUE OF CITIES BEFORE THE
HOUSE COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
SUBCOMMITTEE ON HIGHWAYS AND TRANSIT HEARING ``ADDRESSING
THE ROADWAY SAFETY CRISIS: BUILDING SAFER ROADS FOR ALL''
JUNE 8, 2022
Good morning, Chairman DeFazio, Chair Norton, Ranking Member
Graves, Ranking Member Davis, and members of the Subcommittee.
I am here today on behalf of the National League of Cities to
discuss the commitment of local governments to saving lives on our
Nation's roads, streets, and sidewalks. Last year, 42,915 Americans
died in motor vehicle traffic crashes. This annual death toll
represents the entire population of cities like Burlington, VT,
Jefferson City, MO, Woodbridge, VA, or Tigard, OR. In Idaho, this death
toll is more than the populations of two of Idaho's largest cities,
Twin Falls and Post Falls, in just two years. Year after year, we are
losing entire populations of cities to this crisis on our roads, and
that is why we must prioritize road safety now.
We must also acknowledge that safety is not a big city issue alone.
Almost every small Idaho community has a highway running through and
that transportation corridor is the lifeblood of their economy. Yet,
towns are a place to stop, a place for residents to live safely, a
place with a special purpose that caused them to be formed. After
working with nearly forty small Idaho towns, I can tell you that
highway choices can cause real blood shed when highway design does not
connect their town but divides it. Too often, crashes that have maimed
and taken the lives of locals simply trying to cross the street connect
back to design issues--unsafe crossings, narrow inconsistent sidewalks,
and little space for outdoor dining or other local economic drivers
that make the city a great place. This doesn't serve Idaho or the small
towns in all the other states, nor does it serve the drivers who are
often haunted forever by the people they hit. We can do better, and we
need to do better.
We also know that pedestrians and older Americans are especially
vulnerable and make up an outsized proportion of the yearly deaths with
fatalities increasing at a rate of 13 percent to 17 percent of all
deaths for pedestrians. The Governors Highway Safety Association
believes this is the largest number of pedestrian deaths in four
decades. Fatalities among older Americans have increased 17 percent to
nearly 20 percent of all deaths. Idaho had the most traffic deaths in
16 years in 2021, and one of the highest rates of increase in the
Nation at 36 percent a--that is three times the average rate of
increase in other states. The reality in America right now is that no
matter the size of your community or whether it is urban, suburban or
rural, this persistent issue hits hard at home and in your Districts.
So many communities are concerned--from Idaho's communities to
Doraville, GA, to Ferndale, MI, to Greenville, NC, to Culver City, CA--
and taking action to set up plans and projects despite tough recovery
budget cycles and difficult decisions.
As the U.S. Department of Transportation (USDOT) said so well,
behind each of these numbers is a life tragically lost, and a family
left behind. In Idaho, we take part in a memorial to line up shoes
representing the pedestrians and bicyclists who have died in crashes in
the last five years on the state capitol steps. At our ceremony each
year, we hear from family members who have lost a loved one in one of
these terrible crashes and learn about the personal human toll this
takes on our families. There is the sad reality behind the numbers--
like the mother who has raised her two daughters without their father
after he was killed biking to work. These are stark reminders to
double-down on what works and act to save lives today.
Zero is the only acceptable number of deaths on America's roads.
Yet, many of the fundamental measures and guides of transportation are
reasons that cities and towns cannot easily change our roads to be
safer for everyone and reach this goal on our own. Collectively,
federal, state and local governments must be willing to adjust our
rules of the road for design and speed in order to save lives. Cities
and towns have found that Federal measures and designs rely too heavily
on car throughput measures set during the era of freeway building to
keep single-purpose, high-speed, limited access roadways safe and
moving. But no city or town is only a highway--Main Street America in
cities small and large have a multitude of access points and users with
a need to create safe and efficient access from their homes to their
destinations. As a local example, an intersection near my daughter's
house in Boise was recently redesigned with the benefit-cost of those
moving straight through the intersection prioritized above all other
users. This means that it now takes her up to five minutes longer to
drive her children to school; because to turn left she has to turn
right, cross two lanes of traffic, travel a quarter of a mile, complete
a U-turn across two lanes of traffic and then wait for the light to
travel across the intersection she might have turned left at. It has
forced the school district to change and lengthen bus routes as they
deem the move too dangerous for their buses. The businesses on the four
corners of this intersection are now all but impossible to reach on
foot or by driving. The choice to prioritize that throughput was made
without analyzing these other impacts.
As we begin a great time of rebuilding America's infrastructure, we
need to work together to quickly adopt better measures and designs that
can take into account more factors like speed, distance, impact on non-
drivers, and time of travel. We believe that if we reset our goals and
allow safety to be the primary measure, transportation engineers can
modernize the foundational cost-benefit transportation measures and
truly assess the costs America is now paying in lives. Growing
communities like mine in Boise, Idaho, and smaller and rural
communities I work with across the state and the country are ready to
make the changes necessary to bring our road deaths down to zero, but
we also realize we cannot do this alone. It will take action at the
federal, state and local levels to reach this goal by removing
barriers, changing the way we measure success, and inviting innovation
where we have stagnated.
This is why the National League of Cities and all the communities
taking action on road safety applaud the focus on safer streets for all
from Congress in the bipartisan Infrastructure Investment and Jobs Act
(IIJA) and USDOT with the new National Roadway Safety Strategy. The
increase to state safety funding in IIJA especially through the Highway
Safety Improvement Program (HSIP) was notable, and for communities, the
new locally targeted safety program--the Safe Streets and Roads for All
program--based on a Safe Systems approach will finally allow us to
directly plan for and invest in needed safety projects all across the
country in a condensed amount of time. Together with our regions and
states, we hope to see what larger scale focus on safety might result
in. We are also glad to see that Vulnerable Road User Assessments
reporting will be done wholistically and hopefully in concert with
State Safety Plans, that can be informed by our Local Road Safety
Action Plans. Cities and towns have been focused on plans and
implementing safety solutions for many years, but we must be clear that
we have found our efforts often thwarted from moving forward due to
barriers created by the Federal and state foundational transportation
guides, plans, and processes.
We also must be realistic that transportation safety has become an
equity and resource issue where some disadvantaged neighborhoods,
school districts, and cities were recipients of ``improvements'' that
advantaged drivers traveling through their neighborhoods at the expense
of residents. Additionally, when they could get safe designs adopted
and approved, they could not pay for safety upgrades while others
could, leading to higher death counts for many minorities and their
communities. For example, one of the high-speed facilities was built on
the edge of our downtown without marked safe crossings at most
intersections so that drivers were not slowed. When the city attempted
to add safer crossings, we were told there was no money and that it did
not meet the benefit-cost test for drivers. It still haunts me today
that a pedestrian was killed at one of those intersections, a woman
about my age, and we still have not been able to add the needed safety
infrastructure. The National League of Cities will continue to ask
Congress to ensure that any modest increase in targeted safety Federal
funds makes it to the cities who need it and that you use your
authority to ensure changes to the measures and processes that
determine the majority of the Federal funds through formulas so that
proven safety countermeasures known to work on streets inside cities
and towns are given equal footing if not priority.
Recommendations
As we move forward, one change we must all make was highlighted in
the new USDOT National Roadway Safety Strategy. As policymakers, as
drivers, as leaders--is to design and set policy that accepts our
mistakes. Humans will absolutely make mistakes, but the consequences
should not be deadly. This is the heart of the ``Safe System'' approach
which works by building and reinforcing multiple layers of protection
into our infrastructure to: 1) prevent crashes from happening in the
first place and 2) minimize the harm caused to those involved when
crashes do occur. The Safe System approach takes us back to the laws of
physics--a pedestrian loses against a speeding car, a car loses against
a larger truck, and even a truck against a train. It is a fatal
combination of speed, weight, inertia, and impact. By addressing the
design of our roadways through engineering and research that looks at
the speed, angles, and weight of crashes, we can begin to layer more
protections that we so clearly need. I want to be very clear--crashes
are still going to happen, but we want our residents to be able to walk
away from a crash and be grateful that the system prioritized them.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

As we prioritize peoples' lives on our roads, the National League
of Cities believes we should be open to analyzing if the structures we
have put in place for roads are still serving us today, and we would
like to share several opportunities for action both by Congress, the
Administration, State Departments of Transportation, and the road
safety community.

Encourage clarity in infrastructure spending: Transparency
is a powerful tool for instilling confidence in government
investment as many communities from Georgia to California have
seen with their infrastructure programs. Both Congress and
USDOT lack granular clarity on formula funding provided
primarily to State Departments of Transportation. With the
flexibility and significant resources Congress has provided,
funding recipients have a responsibility to show how the
funding was invested and how progress has been made to ensure
that the case for infrastructure investment is made clearly.

Increase transportation support to small and rural local
governments--America is a country built of small and suburban
towns, and while they can clearly identify safety issues, many
are not staffed or equipped to make the actual improvement
themselves. The joint Local Technical Assistance support made
available from the Federal and state levels far outstrips the
needs of cities, towns and villages today. As an example, a
small Idaho town that I assisted had a Public Works Director
who was also the baseball coach and EMT. When we determined
that the appropriate countermeasure included adding paint on
one of the local streets, he brought out his baseball field
striping machine to stripe the road. This is the same city that
was supposed to maintain the pedestrian paint markings on the
state highway because the DOT insisted the state highway's
purpose did not include crossing pedestrians--that was a city
need. In Idaho, our Local Highway Technical Assistance Council
is far more resourced than have I seen in other states and
might offer a model for how to get more of Federal and state
resources to places that desperately need that capacity.

Expedite data delivery to inform safety: The safety data
reporting process moves quite slowly in a world that uses real
time information. We are just seeing national data from 2021,
and it is not yet complete or deemed ready for analysis. Yet
right now, the FHWA, states, and researchers are seeking full
and complete safety data sets in order to take on important
Congressionally mandated tasks like the Vulnerable Road User
Assessments and Vulnerable Road User Safety Special Rule. Given
our road death rates, the U.S. cannot afford to delay
prioritizing getting complete data sets ready for these
assessments so we are not making today's decisions without
complete information. NLC would also like to see more available
Federal data sets from USDOT catch up to inform both current
Vulnerable Road User Assessments and safety practices across
regions so we can truly deliver safer streets for all.

Shift measures for safety: What gets measured gets done, and
the National League of Cities believes we should measure our
progress in meeting our national safety goals. We also need to
broaden our measures and leave behind the practice of using
travel speed as the most important measure in a benefit-cost
analysis. Analysis should address total travel time, impact on
other users (including pedestrians, bicyclists and other
drivers), average travel distance, and impact on travel
distance and impact on the local economic output of the
measures being recommended. When crashes do occur, states'
processes and local first responders should prioritize
consistent capture and reporting to ensure that more
significant data is provided for research, including speed and
roadway design factors such as visibility of users and roadway
dimensions.

Reconnect the virtuous cycle of federally funded research
with updates to foundational transportation decision documents:
Our transportation safety research investment from the Federal
government cannot be disconnected from the data needed to
update foundational Federal transportation decision documents,
such as the USDOT Federal Highway Administration Manual on
Uniform Traffic Control Devices (MUTCD), which IIJA has now put
a shot clock deadline on. Ensuring that research activities
such as the National Cooperative Highway Research Program
(NCHRP) are fully connected to the MUTCD Request to Experiment
and providing more Crash Modification Factors could begin to
close the safety research gap and take some of the cost burden
off those who want to innovate. Tying Federal research funding
to required updates to foundational and federally supported
manuals and design guides is not only a best practice but a
good use of taxpayer funding.

Delineate MUTCD's purpose: NLC and our local partners have
requested USDOT consider how the MUTCD can best fulfill its
intended purpose in delivering consistent road signs, lines,
and signals across the U.S. in the upcoming update as well as
setting up a Federal advisory committee to provide more
balanced perspective. However, what started as a basic
manufacturing specification of roadway devices in the 1930s has
been burdened by serving too many purposes that have
substantial costs. Local governments have found that MUTCD in
its current form and governance is a roadblock to safety
improvements and innovation while it remains an essential tool
that must be updated to provide the minimum necessary guidance
for the uniformity of traffic control devices.

Large vehicle design standards must be analyzed: USDOT's
National Highway Traffic Safety Administration reports that
pedestrians are two to three times as likely to die when hit by
a pick-up or SUV than a passenger car, and that drivers of
pickups and SUVS are three to four times more likely to hit a
pedestrian while turning because of blind spots. Congress has
the oversight to address this issue through vehicle design
standards, road safety education, and even licensing. In Boise,
we lost two citizens last year, a retired couple on their daily
walk, who were hit by a turning pick-up whose driver did not
see them. Both the driver and the car design are responsible to
be able to see and safely respond to people outside the
vehicle.

Engage America's youth in safety and transportation
alongside the international community: Road safety is an issue
that spans farther than U.S. boarders, and it is essential that
America's youth are able to travel safely. The United Nations
has proclaimed a Decade of Action for Road Safety from 2021-
2030, to target a reduction of road traffic deaths and injuries
by 50 percent by 2030, and engaging our youth is a key way to
join this effort. Reconnecting them with a variety of travel
modes that allow them access and independence will enable the
transportation system to serve all of us more efficiently while
providing youth the value to engage in their communities and
with peers around the world. As a life-long transportation
nerd, I also would love to have more youth look at
transportation as a future career that can change lives at home
and offer an ability to learn from other places.

Thank you for the opportunity to address the Committee, and I look
forward to your questions.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

The Chair. Thank you so much. Well, let's go to questions.
Now, I know we have many members who have signed up, many of
them remotely, but I am sure they will be coming on the screen.
And we will start with questions with myself and then Senator
Schmitt and so forth.
So, I wanted to ask the nominees, you all mentioned safety
and thank you for that. According to the latest report I
mentioned in my opening statement, there were 13 completed
items, but there are 30 recommendations. So one, how will you
drive Amtrak to complete those items of safety and operations?
And number two, obviously very concerned about the Western
Empire Builder and Coastal Starlite Service that serves many
communities. How will you each commit to protect the Nation's
long distance service, particularly in the West?
So. Mr. Capozzi, and then just down the line. Safety and
service.
Mr. Capozzi. In terms of long distance service, I have to
say I value all types of train service that Amtrak offers, long
distance, state supported, on the Northeast Corridor services.
And I share your commitment to the long distance train
service, and I would commit to that as a Board member. Equally
as well as to security. Safety, security, and accessibility are
kind of three legs to a stool, and I think they are all very
important.
The Chair. Mr. Lathem.
Mr. Lathem. Preventive maintenance is very important to me.
I think if we did a lot more preventive maintenance maybe we
can handle some of the issues that come up. And long distance
transportation is definitely important, so I support you in
that area.
The Chair. Thank you. Mr. Batory.
Mr. Batory. Yes, Chair Cantwell. Safety never sleeps.
Safety is the cornerstone of good business. Safety requires
constant focus. And I have been committed to safety my entire
railroad career and it is unwavering.
In so far as the train network system of Amtrak, I am a
proponent of the national network as related to long distance
trains, state-supported trains, the Northeast Corridor, insofar
as how it connects and creates a national network.
The Chair. Thank you. Ms. Clegg.
Ms. Clegg. Thank you, Chair Cantwell. I have worked on
safety my whole career. Before this job, I worked on bicycle
and pedestrian safety and transit safety, bringing forward the
process that helped develop the safe systems approach that the
FHWA is now using for those modes of travel.
Safety is always top of mind. While at the National League
of Cities GIS Committee, we worked with railroads and
communities across the country to ensure that communication
between the railroads and first responders was what it should
be, so that if incidents did happen, those first responders
could respond well, and we will bring that experience.
As you know, I am from the West and very interested in
expanding the long distance network, as well as making sure
that it ties in well to the Northeast Corridor so that we have
a connected system.
Helping people get from one place to the other means not
just one city to the next city, but from wherever they are to
wherever they want to travel. And to do that, we need a much
better connected system of travel on the railroads in the
United States. I will work toward that.
The Chair. Thank you. Well I appreciate your commitments. I
am definitely going to ask a few more detailed questions on
safety for the record, but I want to get your thoughts about
the Cascade services, because pre-pandemic, you know, we had a
lot of issues.
We were able to restore, you know, Seattle to Portland, but
there was a lot of banging on the door. And so this issue of
where states have big concerns, how does Amtrak communicate to
them and, you know, without having us be right in the middle of
it. So right now, the Amtrak Cascade's trains only arrive on
time 64 percent of the time.
So this is the third worst performing state supported in
the Nation and it is really unacceptable. So, what can you do
to improve the performance of the Cascade route? Right down the
line. Ms. Clegg, do you want to start this time?
Ms. Clegg. Sure. You know, on time performance is a
longstanding issue. I don't have any magic. I will add that in
addition to living in the logging camp, my grandfather had to
ride the logs down the river and deliver them to the mill.
And when there was a logjam, he had to break it up. And he
talked to me about how to do that. And he did it by looking at
it from all perspectives, poking around, finding something that
would move, seeing if he could get that move, and then the next
thing, and the next thing.
That is how I will approach these issues at Amtrak, poke
around, ask a lot of questions, try to see what we can get
moving.
The Chair. Mr. Batory, on time service?
Mr. Batory. Yes, Chair Cantwell. As far as the Pacific
Northwest is concerned, I was somewhat surprised by hearing
your remark that it was in the mid 60s.
There is obviously a major opportunity for improvement, if
that responsibility toward improvement resides with Amtrak and
the host railroads. And that is where it should be addressed
and that is where it needs to be resolved, not through third
party intervention.
The Chair. Thank you. Mr. Lathem.
Mr. Lathem. I was thinking it still comes down to
preventive maintenance. Not just the rails, the locomotives
themselves, the depots to make sure that everything is
operating the way it should be operating, especially the
machinery which is preventive maintenance.
The Chair. Thank you. Mr. Capozzi.
Mr. Capozzi. I think it goes back to Amtrak's mission. And
Amtrak's mission is to provide efficient and effective
intercity passenger rail mobility consisting of high quality
service that is trip time competitive with other intercity
travel options.
And, you know, I think we need to be driven by the mission
to ensure that we meet that, you know, through all facets of
Amtrak travel.
The Chair. Thank you. Thank you all. Mister--Senator
Schmitt.
Senator Schmitt. Thank you. Mr. Lathem, I do have a couple
of questions for you. According to public reporting, in 2009,
you traveled with a three person delegation of union leaders to
Venezuela to explore the possibility of trade or exchange
directly between Venezuela and the Port of Wilmington. You
attended this trip, correct?
Mr. Lathem. Yes.
Senator Schmitt. OK. The Venezuelan government funded the
trip?
Mr. Lathem. No.
Senator Schmitt. OK. In a previous interview, you said yes.
Mr. Lathem. A Government funded trip?
Senator Schmitt. Yes. The Venezuelan government funded the
trip.
Mr. Lathem. Oh, yes. The Venezuelan government, yes.
Senator Schmitt. Did you meet with Hugo Chavez while you
were on the trip?
Mr. Lathem. Yes.
Senator Schmitt. OK. Did you also attend a Chavez rally
while you were there?
Mr. Lathem. Yes.
Senator Schmitt. OK. You told the Delaware News Journal at
the time that based on what they have done in this state, they
have been very benevolent, referring to the Venezuelan regime
which had sent millions of gallons of free or discounted oil to
Delaware in an effort to embarrass the Bush Administration.
Would you still characterize the Chavez regime as benevolent?
Mr. Lathem. No, I have never said they were benevolent.
Senator Schmitt. OK. Well, we are happy to get you----
Mr. Lathem. I didn't support the regime then and I don't
support it now. My understanding was, is that--I don't remember
whether it was a Kennedy or not. He was getting oil from
Venezuela. He was giving the people that didn't have the means
to get oil. I had nothing to do with it. That is just my
understanding of what the situation was.
Senator Schmitt. OK. And then the next year--well, in 2011,
you went back, is that right?
Mr. Lathem. Yes.
Senator Schmitt. As part of a delegation of the African
Socialist International?
Mr. Lathem. Again, was invited, yes.
Senator Schmitt. OK. Are you familiar with the political
opinions of the ASI?
Mr. Lathem. No.
Senator Schmitt. OK. Well, ASI explicitly said it went to
Venezuela, the trip that you were on, to express our unity--
``to express our unity and support for comrade Hugo Chavez in
his efforts to lead Venezuela in the nationalization of its
resources and the resistance to U.S. imperialism's attempt to
control those resources.'' You find that statement concerning?
Mr. Lathem. Again, I went as a guest of President of the
Building Trades of Delaware.
Senator Schmitt. OK. Mr. Batory, I do want to ask you
what--you know, I expressed some concerns about some geographic
imbalance with the Board and not adequately representing the
Midwest. What perspective would you bring to make sure the
interests of Missourians are considered on this Board?
Mr. Batory. Senator, I am quite familiar with the existing
network, as well as the legacy or history of that network. It
has been rationalized, OK, over its 50 years of plus of
history.
There is opportunity nationally because geographic
populations have changed. We nationally have a service between
Chicago and St. Louis and then to Kansas City with the nickname
of the Mule----
Senator Schmitt. The River Runner.
Mr. Batory. The Mules there between Kansas City and St.
Louis. And there is a lot of opportunity for improvement,
especially from St. Louis to Kansas City, in so far as hosting
and train operations.
There is definitely a physical plan improvement
considerable between Chicago and St. Louis, with speeds up as
high as 110 mile an hour and it is operated quite well. It has
some degradation of recent.
But those are opportunities that exist throughout the
national network. And I think we need to look at them, to seize
those opportunities, and spend our money wisely.
Senator Schmitt. OK. Thank you, Madam Chair.
The Chair. Thank you, Senator Schmitt. Senator
Hickenlooper.

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

Senator Hickenlooper. Thank you, Madam Chair. I thank all
of you for being here today, but also for your commitment to
public service. We will start with--I have got a few questions,
so I will--try and keep the answer relatively short.
I will start with Ms. Clegg. And you talked a little bit
about the importance of long distance rail in the West and
access in Idaho. Obviously, the California Zephyr Amtrak route
passes through Colorado, connecting the West Coast to the
Midwest.
Additional--potentially, additional service in Colorado
along the Front Range Corridor really up, probably up into
Cheyenne, Wyoming would provide additional economic
opportunities, expand transit options for communities along the
entire route.
Looking at Idaho, the Front Range of Colorado and Wyoming,
if you are confirmed, do you know, is there a way to begin the
process of looking at these routes and the expansion of--the
potential expansion of Amtrak routes?
Ms. Clegg. Chair Cantwell, Senator Hickenlooper absolutely
there is a way, and I think that it starts with what you help
form in Colorado with Front Range Commission.
Those local groups that bring the local expertise and
knowledge of what is happening in their region, can band
together and put in for a corridor identification program
applications such as the Big Sky Rail Authority did in Montana.
Such as the City of Boise, City of Salt Lake, and cities in
between are reapplying for in the Idaho, Utah region. If we get
some train on the track, and including from Pueblo to Cheyenne,
then there--it will make so much sense to connect those to the
longer distance network.
I am excited that the FRA long distance study is--has
identified the old Pioneer route, the Desert Wind route, the
route from not just Pueblo to Cheyenne, but all the way to
Billings as potential expansion, and we will work toward those.
Senator Hickenlooper. Great. I appreciate that and I agree
wholeheartedly. Mr. Lathem, the FRA, the Federal Railroad
Administration, completed a safety audit of Amtrak in November
2022. Found a strong culture of safety at Amtrak, but you know,
there is room for improvement.
The report recommended that Amtrak improve its equipment
testing, focus on--additionally focus on worker safety. If you
are confirmed, how could you ensure Amtrak continues to build
on safety culture and prioritize the recommendations from the
FRA safety audit that still remain outstanding?
[Technical problems.]
Mr. Lathem. Are we making it a priority and are we
fulfilling the mission of which we have as a Board to make sure
that safety is a priority.
Senator Hickenlooper. OK. I couldn't agree more. I
appreciate your history of emphasizing worker safety along the
way. Mr. Capozzi, in your testimony, you highlighted the
importance of ensuring Amtrak's services remain accessible to
passengers with different--differing abilities.
The Americans with Disabilities Act is one of the
cornerstones for equity in the United States. And I think
recognizing the leadership of Senator Duckworth here in the
Senate, the FAA Reauthorization Act of 2024 includes strong
protections for airline passengers with disabilities.
Mr. Capozzi, if you are confirmed, would you commit to
Amtrak and its participation in the Passenger Rail Advisory
Committee that it is responsive to the concerns raised by
passengers with disabilities?
Mr. Capozzi. Absolutely. I mean, that has been my career
and that will be my focus on the Amtrak Board, if I am
confirmed.
Senator Hickenlooper. I appreciate you and all your history
of service along this--on these issues.
Mr. Capozzi. Thank you.
Senator Hickenlooper. Mr. Batory, I am very proud, I think,
to get all four questions in. Amtrak's financial reporting
indicates 80 percent of the losses in Fiscal Year 2023 were
from the long distance service or the service corridors.
Clearly, though, communities along existing and future long
distance routes, especially in the Mountain West, benefit
significantly from reliable passenger rail service. So, Mr.
Batory, what can we learn from Amtrak's history operating long
distance service routes to ensure that we grow the network
while maintaining financial sustainability?
Mr. Batory. Thank you for that question, Senator. There is
continuous, if you will, evolution of questions and answers
that have to be addressed at any scheduled network. Long
distance trains being a major component of that. And that needs
to continue.
With that continuation, I am of the belief that long
distance trains are an integral part of tying this country
together, as I mentioned earlier, with all the state-supported
services, as well as the Northeast Corridor.
There are lessons to be learned every day, every year. And
from those lessons learned, OK, you want to build upon what we
learned and make improvements, and not accept status quo as
being the norm.
Senator Hickenlooper. Great. I would like to put an
exclamation point behind that statement.
Mr. Batory. Thank you.
Senator Hickenlooper. Thank you all for your service. Madam
Chair.
The Chair. Thank you so much. Senator Fischer.

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

Senator Fischer. Thank you, Madam Chair, and thank you for
holding this hearing today. Mr. Batory and Mr. Capozzi, I
recently introduced the Amtrak Transparency Act. This
legislation's goal is to improve transparency within Amtrak's
Board of Directors and increase opportunities for stakeholder
input into Amtrak's decisionmaking processes.
The legislation aims to build public trust and ensure that
Amtrak's governance aligns the highest standards of
accountability, particularly given its reliance on taxpayer
funding.
If confirmed, how would you work to improve to increase
transparency and accountability by the Amtrak Board?
Mr. Capozzi. I will go first. Thank you for that question.
I am familiar with the legislation, and I understand that
compensation and awards are a very complex and personal issue.
I also understand the need to retain highly performing
employees, but I also understand the need for transparency, and
I really support that.
And I understand that Amtrak has already provided some
information publicly. I would like to see that actually a
little bit more transparent so that it is more discoverable on
its website.
Mr. Lathem. I support more transparency.
Senator Fischer. That would be good. That would be good. We
appreciate that. You know, earlier this year, Senator Cruz and
I, we sent that letter to the Chairman questioning how Amtrak
gave $75 million in bonus payments despite a $1.75 billion net
loss.
And Amtrak did announce that it would begin to publicly
share the bonuses it awarded to executives. Mr. Batory and Ms.
Clegg, if confirmed, would you commit to increased transparency
regarding those bonuses and be able to not just provide the
transparency on the amount, but why such bonuses were given in
the amounts that they were?
Mr. Batory. Thank you, Senator Fischer, for that question.
Yes, to your questions. Executive compensation, incentive
compensation is nothing new, but as far as my experience,
especially in the private sector, OK, the disclosure is very
transparent. Not only the monetary amounts, but the methodology
in which it is applied, and I see no reason why Amtrak wouldn't
follow such a model.
Senator Fischer. Thank you. Ms. Clegg.
Ms. Clegg. Thank you, Chair Cantwell, Senator. I have
always served on boards that have open meeting law requirements
and have never had any problem with transparency in those
situations.
Would continue to be open to exploring that for the Amtrak
Board. As far as the executive compensation, I think, you know,
if you look at the system of executive compensation around the
country, the fact that Amtrak has it is not the issue.
The issue might be from a Board position, if I am
confirmed, what are the incentives? What are the outcomes where
after--how do they compare to the financials of the
organization? As a Board member, I think it is fine to give
executive compensation.
That is what private sector does around this country. But
making sure that you are doing it in a way that is both
responsible and brings the outcomes that you need is the issue,
as far as I can see.
Senator Fischer. If any of the members of the panel who are
before us today, have any of you gotten information on what the
reason was for that amount being given as bonuses to those
individuals? I can't see you. So if you could just go down the
row and be able to answer that, please.
Ms. Clegg. Senator, this is Elaine Clegg. And no, I don't.
But if I am confirmed to the Amtrak Board, I can assure you
that I will know next time.
Senator Fischer. Thank you.
Mr. Batory. No, Senator, nothing was disclosed to me
preceding this hearing. But should I be confirmed, it would
definitely be of my interest, and I think the colleagues of the
Board to know not only the monetary amounts, but what
constitute those monetary amounts and does the methodology
follow good business practice.
Senator Fischer. OK.
Mr. Lathem. Senator, no.
Senator Fischer. Next.
Mr. Capozzi. No, Senator, I haven't had any previous
discussion.
Senator Fischer. OK. Thank you. I know that the Amtrak
Board of Directors, they do not conduct open meetings as other
federally chartered entities do.
And my legislation would expand the Board meeting
requirements to include representatives from state sponsored
and long distance routes, as well as rail passenger groups that
have a keen interest in Amtrak decisions.
I would ask to all nominees if confirmed, would you commit
to working with stakeholders like State DOTs and rail groups so
that they can have a seat at the table?
Mr. Capozzi. I will go first. This is David. I think public
outreach is one way that Amtrak can improve its standing with
all parts of the community, including the disability community.
And in fact, the Infrastructure Investment and Jobs Act now
requires that Amtrak Board meet at least annually with
representatives of Amtrak's employees, representatives of
people with disabilities, and the general public to discuss
financial performance and service results, and more meetings
like that I think would be very helpful.
Senator Fischer. Including our State DOTs and rail groups?
Mr. Capozzi. Absolutely.
Mr. Lathem. Meeting with stakeholders is always important.
Mr. Batory. Yes, Senator Fischer, I concur with that
approach. I think the more communication you have with real
advocacy groups, as well as with real labor, and definitely the
State DOTs, would be beneficial to the overall network of
Amtrak.
Ms. Clegg. Senator, I have always worked collaboratively.
That is the way that I have learned I can get things done. Over
the last three years, I have worked closely with many of those
advocacy groups. I know them well. I would continue to
communicate with them.
I believe it is in Amtrak's best interests to create good
relationships and good communication with all groups, including
State DOTs and local commissions, as well as the advocacy
groups.
Senator Fischer. Thank you. Thank you all very much, and
thank you, Madam Chair.
The Chair. Thank you, Senator. Senator Markey, are you
ready to go? OK. Senator Markey.

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

Senator Markey. Thank you, Madam Chair. Welcome. The
bipartisan infrastructure law ushered in an historic era of
investment for passenger rail in the United States. This
funding is already at work building new rail corridors,
expanding rail service.
It is really doing a great job, and the President deserves
all of the credit in the world for helping to lead us. And we
thank you, Madam Chair, for all of your work as well.
So for each of the nominees, please answer yes or no, do
you agree that in order for passenger rail to succeed in this
country, it needs reliable, sustainable funding, building on
the investments of the bipartisan infrastructure law?
Mr. Capozzi. I will start and yes, but I also want----
Senator Markey. Yes or no.
Mr. Capozzi. I also want to congratulate you on all of your
years of service on behalf of people with disabilities and for
your commitment to accessibility.
Senator Markey. Thank you. Thank you. I guess we will allow
that.
[Laughter.]
Senator Markey. Thank you, Mr. Capozzi. Mr. Lathem.
Mr. Lathem. Yes.
Mr. Batory. Yes.
Ms. Clegg. Yes. Probably the most important thing.
Senator Markey. The most important thing. So, Mr. Batory,
do you agree, yes or no, that the number one priority for
Amtrak must be safety?
Mr. Batory. Unequivocally, yes.
Senator Markey. When it comes to trains, safety must be our
top priority. There is no better way to ensure the safety of
both passengers and the communities nearby railroad tracks than
to have a well-resourced, experienced rail workforce.
This committee has heard over and over again that having
multiple crew members on the train in East Palestine increased
safety and help prevent the disaster from being even worse. And
the Federal Railroad Administration's objective research on
this issue is even clearer.
When the FRA has--while the FRA has found that technology
can make our trains safer, it also found that technology is no
replacement by having multiple crew members on each freight
train.
And despite these safety benefits, when you led the Federal
Railroad Administration, you rolled back the requirement that
freight trains have two person crews. So Mr. Batory, yes or no,
do you believe that it is safe to allow one person to operate a
two mile long train?
Mr. Batory. Senator, I will just answer it this way. I have
no ``yes or no'' answer because I do not believe that there is
a uniform crew size that fits the entire network in the United
States of America.
I will say though that we do have a very effective tool
called--from Congress called the Railway Labor Act. It is 98
years old, and I used it all 46 years of my railroad career
successfully, and that was seeing rail labor and railroads
negotiate working conditions, benefits, as well as
compensation, and that is where it belongs.
Senator Markey. Well, Mr. Batory----
Mr. Batory. And that is how we achieved what we achieved
today in the way of crews size from five and six people down to
two to three today----
Senator Markey. Well, I think----
Mr. Batory.--and the people closest to the railroad
industry----
Senator Markey.--you talk about collective bargaining, but
then are responsible for making sure that there's safety, you
know--that we put safety number one. You already agreed on
that.
Mr. Batory. I will never compromise safety.
Senator Markey. Well, you were the top rail safety
regulator at the time. I need to know whether you thought
allowing fewer people to operate long, dangerous trains made
the system safer? So let's review, Mr. Batory, what the
research from FRA actually says.
Multiple reports over the past decade found that technology
simply cannot replace the safety benefits of having a multi-
person crew aboard a train.
Those reports found that the technology that the railroads
say can replace certified conductors does not check alertness
or fatigue of the engineer, does not assist with physically
demanding tasks like securing a train with handbrakes during an
emergency, and does not assist the engineer when complying with
restricted speed zones and avoiding on-tracked collisions.
In fact, operating the technology can actually distract an
engineer from what is happening outside of the train. From
Quebec to North Dakota, we have seen over and over how expert
teams of crew members can save lives.
And that is why I am so proud to say that my provision to
require two person crews on freight trains was included in the
Railway Safety Act. We thank you, Madam Chair, and I will
always work to ensure safety is our top rail priority, whether
those trains carry freight or passengers.
I think it is imperative for us, and it is actually why I
was working with Senator Vance on including that language in
the bill. That is about as bipartisan on this committee as you
are ever going to get.
The Chair. Thank you, Senator.
Senator Markey. So it is imperative that we move forward,
and I thank you, Madam Chair.
The Chair. Thank you, Senator Markey. Thank you for that
important leadership. Senator Moran.

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

Senator Moran. Chair Cantwell, thank you. I welcome our
nominees and thank you for your willingness to serve. We have
had a conversation with about every nominee that has been in
front of this committee since I have been on it, which is now
years, regarding--in regard to long distance or long distance
passenger rail service.
And several of you are returnees who have answered my
question before so I will ask for you to recommit to long
distance passenger service? And I will ask the two others to
tell me what their views are on the importance of that long
distance passenger rail service?
I am pleased that we have a university resolved panel in
front of us. Diversity meeting geographic, and the President
has made nominations that are now in compliance with the law
that require there be a broader spectrum than just members of
this Amtrak Board that live in the Northeast Corridor.
So, Mr. Capozzi, when you testified before the Committee in
2022, you shared, I am quoting you, ``I support your
commitment,'' speaking of mine, ``to a long distance train
service, and that it is accessible to everybody.'' Is that
still true? Anything you would want to add to that to further
make sure I don't put a hold on your nomination?
Mr. Capozzi. That is still true. Senator, thank you.
Senator Moran. Thank you. And the same for Mr. Lathem. You
answered in response to that ``committed.'' Anything you want
to expand that or any reason that I should have any doubt about
your commitment?
Mr. Lathem. No, Senator.
Senator Moran. And so that leaves me with the two
additional nominees. Mr. Batory and Ms. Clegg, tell me what
your commitment is to long distance passenger rail service, and
tell me--and in Kansas to do that--to us, that generally means
the Southwest Chief and in the future, potentially the
Heartland Flyer. What should I know about your work on the
Board that would assure me that long distance passenger service
is a priority for you? Ms. Clegg.
Ms. Clegg. Chair Cantwell, Senator Moran, I have been
working for the last three years to expand the long distance
system. Absolutely, the Northeast Corridor is important to
Amtrak, but without that connecting long distance system, it
doesn't serve all of the Americans in the United States. And
this is an American system, not a Northeast system.
As to the Southwest Chief and the others in this Southwest
absolutely committed to improving service to them, but also to
adding service by adding new connecting routes that will make
that service more useful to the residents of the Southwest.
Senator Moran. That is exactly the circumstance we have in
Kansas. Thank you. Mr. Batory.
Mr. Batory. Yes, Senator. Proponent of long distance
service. A particular example that associated with your state
was the Southwest Chief. And we worked very hard with Amtrak to
ensure that positive train control was being implemented to
ensure that the Southwest Chief would not be bifurcated, if you
will, and continue its operation.
And I think that the national network of 15 long distance
trains, OK, naturally require review, not unlike all the state-
supported trains and those on the Northeast Corridor. Nothing
ever stays the same. It requires continuous review.
And but it does create a network for this country, and
every effort should be made to maintain that network, and long
distance trains play a vital role.
Senator Moran. I am going to take the four of your
statements as satisfactory by my standard, and I look forward
to your confirmation on the Senate floor.
This issue arose for me just for a moment of history when
the six Senators, two from New Mexico, two from Colorado, and
two from Kansas, met with a former CEO of Amtrak in which, in
an offhand statement, indicated that the plan was to put bus
service between Garden City and Tucumcari.
It caught me by surprise, and it absolutely made no sense
to me that anybody is going to get on the Southwest Chief in
Chicago and go to Garden City, Kansas, and get off and get on a
bus. And so, this attitude or approach to just, in my view,
dismissing Southwest Chief and particularly long distance
service in such a cavalier manner--when there are problems and
we are working to provide resources, that means dollars to the
railroads and to Amtrak to improve those that track.
But it doesn't mean such a dramatic and actually non-real
solution to whatever problem existed at the time. And I am
committed myself to trying to make certain that that kind of
cavalier approach would not be supported by any member of the
Amtrak Board. So thank you for what you had to say, and I wish
you well.
The Chair. Thank you, Senator Moran. Senator Peters.

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

Senator Peters. Thank you, Madam Chair. And welcome to each
of our nominees. Congratulations on your nomination and your
willingness to serve in this important role.
I chair the Surface Transportation Subcommittee of this
Full Committee and in July, I convened a field hearing in
Lansing, Michigan to discuss investments made by the bipartisan
infrastructure law, including passenger rail, which was a
significant part. I believe it is a really exciting time in
Michigan right now for train travel.
And specifically, we received a Corridor ID grant to
explore increasing intercity passenger rail along every major
route in our state and potentially, and this is very exciting,
expanding the Wolverine line into Windsor, Canada.
This would mean returning passenger rail to the historic
and recently renovated, beautifully renovated Michigan Central
Station in downtown Detroit. So my first question is for you,
Mr. Batory. I know you are a Michigan native as well, and
that's a great credential to have, but I may--I am a huge
advocate for passenger rail in Michigan, which is why I am
working right now to secure $2 million to fund the development
of a new intermodal bus and passenger rail facility at that
Michigan Central Station, as well as a new station in Ann
Arbor.
This summer, Michigan Central Station reopened its doors
for the first time since 1967, and this new state of the art
complex not only includes a rehabilitated transit station, but
also research and development facilities where the future of
urban transit is being designed, as well as being tested.
Now that we are beginning to see the early success of this
rehabilitation project, I think it is critical that we work to
restore Amtrak's presence in Central--at the Central Michigan--
Michigan Central Station and make service between Detroit and
Windsor, Canada a reality.
So my question for you is, if confirmed, will you support
efforts to reestablish service to Michigan Central Station and
expand Amtrak service routes throughout Michigan?
Mr. Batory. Yes, Senator, I would. And I think there is an
opportunity for us to provide a service that is better than
what it was once known to be.
Senator Peters. Good. Well, and if confirmed, I will look
forward to working closely with you to make that happen. Ms.
Clegg, expanding rail service to places like Michigan can and
should include international rail travel, which is why I am so
excited about this Windsor opportunity.
And as Chair of Homeland Security and Government Affairs, I
am committed to working with all of the agencies involved to
make sure that we can do that in a timely manner, as we cross
international borders would require that kind of coordination.
So given your work, Ms. Clegg, in the Mountain West and in
the Pacific Northwest, can you discuss the feasibility of
coordinating rail travel across our Northern border? And do you
think progress has been made on models that will allow that to
actually happen?
Ms. Clegg. Chair Cantwell, Senator Peters, absolutely. In
Chair Cantwell's state of Washington, the state and the states
of Oregon and the province of British Columbia are working hard
to extend service regularly from Portland all the way to
Vancouver.
As part of that, they are working on a system where that
cross-border customs work will be done very quickly, very
seamlessly as part of the trip and not take more time.
So I think there are examples of that happening. I think
for our train system to be effective across North America, I
think we need to expand those examples, and I am really happy
to hear that Windsor is in the mix here.
Senator Peters. Yes. Definitely is. And we are so exciting
about that route. I just see this amazing corridor because we
have the train now from Detroit to Chicago. So from Chicago to
Detroit, to Windsor, and then Toronto.
I think that would be an amazing economic corridor to
develop. And if you have got two major financial centers like
Chicago and Toronto connected together and coming through
Detroit, it will be a powerful driver. Kind of like the
corridor we see here on the East Coast. Two major--three major
cities all connected with high speed rail ultimately would be
amazing.
So my last question is for both you, Ms. Clegg and Mr.
Capozzi. I serve on the Senate Appropriations committee, and I
am supporting an increase in Amtrak funding for the next fiscal
year.
And I believe this money will allow Amtrak to sustain
operations and maintain a state of good repair, and safely get
passengers to their destination. So quickly, if both of you who
could discuss the importance of adequate funding in the
remaining time, which is limited?
Ms. Clegg. Senator Peters, adequate funding is vital for
Amtrak to continue to provide good service. Not just adequate
but stable, being able to count on it not being an annual
appropriation.
Senator Peters. Great. Mr. Capozzi.
Mr. Capozzi. I would agree with that and especially in
terms of accessibility. So Amtrak, as I said in my testimony,
has about a third of its stations that fully meet the
accessibility requirements under the ADA. And in order to get
that to 100 percent, which is a goal publicly stated by Amtrak
is 2029, is going to take a lot of money and a lot of
commitment to make that happen. So, absolutely, you know, full
funding is absolutely critical.
Senator Peters. Right. Thank you. Thank you, Madam Chair.
The Chair. Thank you, Senator Peters. I don't see any of
our colleagues on the other side. I know Senator Blackburn was
on the screen, but I don't see her now. So I am going to turn
to Senator Welch.

STATEMENT OF HON. PETER WELCH,
U.S. SENATOR FROM VERMONT

Senator Welch. Thank you very much, Madam Chair. And
congratulations to all of you. Amtrak is incredibly important
to us in Vermont, as it is to citizens all across the country.
But I really appreciate your service, and it is very, very,
very important. Couple of questions that I have.
One is, we have had a lot of flooding in Vermont in the
last couple of years and it has done a lot of damage to our
tracks. There has been a number of delays in getting them
repaired. It obviously has a huge impact on commerce and on
travel.
And it raises the question that is being asked around the
country about these weather events that are more frequent and
more extreme. So I will ask a question, but all of you can
think about it.
To Ms. Clegg, what kind of steps will Amtrak be taking to
adjust frankly to the extreme weather events that are certainly
occurring often in Vermont, and I know in many other parts of
the country?
Ms. Clegg. Chair Cantwell, Senator Welch, you know, I don't
have a lot of expertise in that particular issue. I will commit
to you that when I am confirmed to the Amtrak Board, I will dig
in and find an answer, and work on it. As I mentioned earlier,
I am not ever satisfied with just letting things be as they
are. And this is certainly something that we need to work on.
Senator Welch. You know, I appreciate that. I just would
ask all of you, obviously safety is a major concern for you and
the weather events are going to affect safety. But it really
does, I think, raise different kinds of questions about
resiliency and how you do repair in a way that hopefully will
get us through the next storm.
A second issue that is really important for us in Vermont
is the capacity of parents with young children and babies to
change their babies. I mean, this is really, really important
in order to have train travel be practical.
Twenty-eight million passenger trips in 48 states, the
average duration of a trip on Amtrak miles traveled route, the
Northeast Regional, last about three and a half to eight hours
and most babies need to be changed every two hours, as you
probably remember in the old days, many of you.
With Senator Blackburn, she and I have introduced the Baby
Changing on Board Act bipartisan bill that would require all
trains owned and operated by Amtrak to have a baby changing
station in every accessible restroom marked with clear signage.
I would just ask each of you, would you each be doing all it
you can?
There is practical challenges to the implementation that
would be the responsibility of Amtrak to adjust to, but that
commitment to having that opportunity, the baby changing
station for folks who are on these long rides didn't last
longer than their baby can hold out.
Mr. Capozzi. So, this is David.
Senator Welch. Yes.
Mr. Batory. If I can go first. So I am familiar with the
legislation, and I understand the need for it as being the
father of triplets. I am sorry, I know how often kids have to
get changed. The one thing that I would underscore, and I think
there is a need for perhaps technical assistance in this area
is when I was at the access board, providing baby changing
tables and accessible restrooms often became problematic if
they weren't installed properly because they would intrude on
the clear floor space.
Senator Welch. Right. No, I understand----
Mr. Capozzi. So I think that is an important consideration
as well.
Senator Welch. Look, there is practical problems, but what
I am hearing from you are--you realize it is a practical
problem----
Mr. Capozzi. Absolutely.
Senator Welch.--for parents to travel. I am not going to go
down the line because I am hoping that everyone would be as
supportive as possible to deal with the practical challenges. I
do want--Mr. Batory, I want to ask you about preclearance. We
have a great train that we want--it goes to Montreal.
Preclearance will make a huge difference and for the ease
of travel, so you don't have those long lockups at the border.
And the Infrastructure Investment and Jobs Act required that
Amtrak, in cooperation with the Department of Transportation
and other Federal and Canadian entities, to issue a report with
recommendations on how to improve cross-border train service.
This is really huge for us in Vermont. And if confirmed,
Mr. Batory, will you commit to working with me and my
colleagues to establish a preclearance facility? We need a
facility in expedite travel between Vermont and Canada.
Mr. Batory. Senator being a victim, if you will, on rail
travel cross-border as far as delays, yes, you have my full
commitment.
Senator Welch. Thank you very much. Madam Chair, I yield
back.
The Chair. Thank you so much. I am not seeing any of our
other colleagues on the other side. I turn to Senator
Klobuchar.

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

Senator Klobuchar. Well, thank you. And thank you, Madam
Chair, for this hearing. And everything has been said, but I
haven't said it. That is our line in the Senate. And so, I had
some other things, but I am proud to be here with all of you.
Big fan of train travel and Amtrak.
As I always say, it is one way my husband and I can take a
vacation and not get into an argument about directions, which I
like. And I have been a big believer from the day that we first
went to Milwaukee.
My mom, that is where her parents were from. And so, we
would always take the train, it was then the Milwaukee Road, to
Wisconsin twice a year. And I knew every town along the route
and got to meet the conductor and everything else.
So aside from those romantic memories and the like, I think
that so much of the argument we can make now is also an
economic argument. And I guess I would start with you, Ms.
Clegg. The Empire Builder Route is one of Amtrak's longest rail
lines from Chicago to the West Coast, provides the vital link
for many rural towns in Minnesota.
The rail line contributes approximately $327 million to the
economies of the states in which it operates. And Ms. Clegg,
you noted that the Empire Builder is the only passenger service
in your home state of Idaho with just one remote stop.
Can you speak to the economic importance of long distance
routes for rural and frontier communities? Of course, we are
very excited that we have now added another route from
Minneapolis, from St. Paul, actually, to Chicago. And the
numbers seem really good so far, but Ms. Clegg, if you could
answer.
Ms. Clegg. Thank you, Chair Cantwell, Senator Klobuchar.
Long distance service is incredibly important to the economic
vitality of the West.
In addition to the things that you noted on the Empire
Builder that are economically important to Minnesota, I note
that that route also serves a national park in North Dakota
that otherwise wouldn't have many visitors. It also serves
Glacier National Park in Northern Montana, as well as the town
of Whitefish.
The town of Sandpoint, although it only arrives in the
middle of the night, is in the area in Northern Idaho that is
much visited by a lot of tourists, resort area. And so, just
that alone creates economic vitality.
And the other thing that is important about that route that
I think is instructive for how new routes in the West could
work is that it also serves as a commuter route, long distance
commuter route for many of the small communities along that
route.
People who live in a remote area can still work in a place
that is far away because of that train. So absolutely
important.
Senator Klobuchar. It is one of the reasons I have been
advocating for this route. There is track already there between
the Twin Cities and Duluth. And actually it was a priority of
DOT, and I have talked to Secretary Buttigieg about it, called
the Northern Lights Express, nice name, and it would be a very,
very good thing and a good deal. So we are still trying to get
this done.
Ms. Clegg. And congratulations on this success of the
Borealis. It is great.
Senator Klobuchar. Yes. Thank you for knowing the name of
it. Another interesting light concept. I guess I go to you, Mr.
Capozzi, on that. As noted, Amtrak launched the new Borealis
route. It is the first time in 45 years that there has been
twice daily trains from St. Paul to Chicago. Stops in Winona,
Red Wing. Stops in Wisconsin.
As I noted, the ridership has exceeded expectations by as
much as 27 percent, with over 47,000 riders from May to July.
If confirmed, would you commit to work to improve and maintain
passenger rail on these types of routes?
Mr. Capozzi. Yes, absolutely. As we talked before, you
know, I support long distance travel or long distance routes,
state-supported routes, the Northeast Corridor. It is--Amtrak
is a national network, absolutely.
Senator Klobuchar. Good. Anyone--want to add anything?
Mr. Lathem. Senator Klobuchar, let me just say, you were
one of my sheroes until Vice President Kamala came, but you
still are.
[Laughter.]
Senator Klobuchar. Oh, thank you. Thank you. Thank you.
Mr. Lathem. Absolutely, I will support it.
Senator Klobuchar. All right. Very good. Mr. Batory.
Mr. Batory. Yes, Senator. The 100 percent increase in
frequency with the new service between Chicago and Minneapolis
I think is a good news story. You know, time and distance
breeds variability.
The Seattle, Chicago train actually has delay, but with its
shorter distance route between Minneapolis, St. Paul, and
Chicago, I think you will see better regular service in that
corridor, and it will grow.
Senator Klobuchar. Yes. And, you know, speaking of that, I
know that Amtrak experienced its best operational performance
ever in 2018, but they are still on time. I have had good
fortune in the corridor, you know, when I go to visit friends
or the like.
I was just in New York, and it goes well. I like it and it
is on time, but there have always been those issues. And just
talk about maybe you, Mr. Capozzi, what you think we need to do
to improve on time?
Mr. Capozzi. Part of the issue obviously is just outside
the Northeast Corridor, you know, we are reliant on other rail
providers, and so that is an ongoing issue. And that is going
to take conversation, commitment, and discussions with other
providers to ensure that they meet their obligations of
providing priority to Amtrak. And if it was an easy issue, it
would have been solved a long time ago, I think.
Senator Klobuchar. Yes. Some workforce issues, is an issue
for every transportation industry that comes before this
committee and we are very focused on trying to get more people
into these careers, so very good. All right.
Well, thank you. I have an apartment here that I hear the
Amtrak trains when they come in and it is very, very fun
honestly. That is why I picked it. And just keep up the good
work and let's keep expanding, especially in the middle of the
country. I just think there are so many opportunities that are
untapped. So, thank you.
The Chair. Thank you, Senator Klobuchar. Senator Blackburn,
thank you so much.

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

Senator Blackburn. Thank you, Madam Chair. And to each of
you, thank you for being here. And Senator Klobuchar is
importantly concerned about rail access in the middle of the
country.
I want to talk about that potential passenger rail from
Atlanta, Chattanooga, Nashville, Memphis. And I would like to
hear a verbal response from each of you that, if confirmed, you
would continue to work on a self-sustaining and efficient
railway for passengers in these communities? Start at one end
of the dais and work down.
Ms. Clegg. Chair Cantwell, Senator Blackburn, yes, I will.
Senator Blackburn. Thank you.
Mr. Batory. Yes, Senator Blackburn.
Mr. Lathem. Yes.
Mr. Capozzi. Ditto. Thank you.
Senator Blackburn. Thank you. I appreciate that. Mr.
Capozzi, I know that Senator Welch asked you about our Baby
Changing on Board Act.
And knowing that you have worked with Americans with
disabilities, I would like to know that you are going to
support this legislation because some of these train routes
take a while.
Like Memphis to New Orleans, can take over nine hours, and
of course babies have to be changed regularly. So is this the
type of legislation that you are willing to support?
Mr. Capozzi. Thank you for the question, Senator Blackburn.
Yes, as I said earlier, I understand the--certainly the need
for accessible baby changing tables. As the father of triplets,
our kids are now much older, but I still remember those days
fondly.
The point that I made to Senator Welch was just that it is
important to ensure that accessibility isn't compromised
because space is at a premium in the accessible bathrooms. So I
think technical assistance will be critical to ensure that they
are installed properly.
Senator Blackburn. Thank you. Mr. Lathem, I want to come to
you. I know that Senator Schmidt asked you about your trips to
Venezuela in 2009, 2011. Have you made any additional trips
into Venezuela?
Mr. Lathem. No.
Senator Blackburn. No. OK. And I note that you have been
quoted in articles as calling Chavez a nice guy and very
benevolent, and you said or indicated you did not remember
making those statements. Do you have any clarification on that?
Mr. Lathem. No.
Senator Blackburn. You don't. OK. We will get you those
statements so that you can provide in writing an appropriate
response.
Mr. Lathem. Thank you, Senator.
Senator Blackburn. Mr. Chavez arrested dissidents and said
that he was a self-avowed enemy of the United States. Are you
aware of that and do you agree with his statement?
Mr. Lathem. No.
Senator Blackburn. You do not, OK. Mr. Chavez nationalized
and effectively decimated the entire transportation system in
Venezuela. So do you share Mr. Chavez's views toward
transportation that government bureaucrat should exert more
control over the industry?
Mr. Lathem. No.
Senator Blackburn. OK. Let me ask you about your previous
involvement with the Delaware River and Bay Authority, which
was rife with corruption and scandal during your service.
After the agency spent more than $1 million on trips and
entertainment over a three-year period, the Board adopted
policies to bring some fiscal responsibility to the
organization. You reportedly claimed and complained about the
charges, and you were upset that you would, and I am going to
quote you, that you would ``have to fly coach oversees.''
At Amtrak, as budgetary losses piled up in 2022, executives
earned over $2 million in bonuses. And Senator Fischer brought
this up with you all. And I would like to know, Mr. Lathem,
given your past comments on using taxpayer funds to have a life
of luxury, how can we trust you to bring fiscal responsibility
and transparency to Amtrak?
Mr. Lathem. I have never taken any trips with the DRBA, and
I have never justified what happened while I was on the Board,
when I began. As a matter of fact, the reason the Governor
appointed me to the Board was to correct some of those
violations that were going on. And we were able to do that. We
changed policy. We put in----
Senator Blackburn. So why did you complain about the
changes?
Mr. Lathem. I don't remember complaining about the changes.
As a matter of fact, I was part of help making the changes.
Senator Blackburn. We will submit that reporting to you so
you can respond in writing.
Mr. Lathem. OK. Thank you very much.
Senator Blackburn. I would like to have some clarity on
that. We are very concerned about the losses at Amtrak, so we
will do that. Let me ask you this, do you have experience in
the rail industry, in your background?
Mr. Lathem. In the rail industry? No.
Senator Blackburn. Yes, sir.
Mr. Lathem. No.
Senator Blackburn. You have no experience?
Mr. Lathem. Not in the rail industry, no.
Senator Blackburn. So you are the only one panel that has
no rail experience in their background.
Mr. Lathem. I have transportation experience.
Senator Blackburn. Any other member of the panel? Is any
other member lacking rail experience? OK. Thank you. Thank you,
Madam Chair.
The Chair. Thank you. Senator Moran, did you have a second
round that you were interested in? What a diligent, diligent
member. Diligent member.
[Laughter.]
The Chair. Well, I would like to ask another round quickly.
And if there is anybody else, members who are thinking about
attending, now would be a great time to do so. Otherwise, we
will wrap this up quickly.
But one of the things I wanted to do, Ms. Clegg, obviously
we are excited about a Western member that could understand
some of the dynamics. Obviously, I already asked about working
with the communities and the states in a more robust and
transparent way, particularly on the on-time service.
But you mentioned in your Statement about Boise and about
some of the added capacity that we could see in the Pacific
Northwest. What do you think those best options are?
Ms. Clegg. Senator Cantwell, could you repeat the last part
of that?
The Chair. What do you think some of the best options are
for increasing that capacity? When I think about how trains
split off in Spokane and go down to the Tri-Cities, or how we
might reestablish Yakima, or maybe even in, you know, the
Montana Corridor come down through Billings, Boise--I am sorry,
Billings and--Boiseman all the way to Boise.
Ms. Clegg. Thank you for clarifying that. I think there are
a lot of opportunities in the Northwest. Right now, we have
only the train up the coast, the Cascadia, and then, of course,
the Empire Builder that goes over the mountains and across the
North.
I think there are already tracts travel through Yakima to
Pendleton. Probably the Columbia River crossing would be the
challenge with that one. There is already tracks on both sides
of the Columbia down to Pendleton, and then down through the
Cascades, into Boise, into Pocatello, Salt Lake, and then
points East.
At Pocatello, there is a track that still exists that
connects to Butte, Montana. Senator Hickenlooper talked about
the track that exists from Cheyenne to Billings. Ultimately, we
can have quite a connected system in the Northwest.
I think it will require that the state-supported routes
really become more supported by those Western states that the
corridor identification program used to identify which of those
corridors will be most likely to succeed and how we can help
them succeed.
But really look forward to a robust, connected system in a
place where we desperately need it.
The Chair. Thank you. Thank you for that. Mr. Batory, I
wanted to return a follow up to Senator Markey's question about
your time at FRA in the Trump Administration, on the FRA's
issues on safety. During the time you were working in the rail
industry, would you have ever had a two mile long train
operating across the country with only one crew member?
Mr. Batory. Senator, not knowing the specifics, it is
doubtful that I would, OK. There is no such word as can't, but
as far as generically saying, would I run a train across the
country two miles long, one crew member? Probably not, because
there is high proportions of the rail network that are
complicated.
There is topography. There are demand issues. So there are
a lot of variables that come into play. And that is why I have
always said, let the people closest to the work decide what
needs to be done.
The Chair. And what about LNG? Because I think under your
leadership at the FRA, you worked in coordination with the
Pipeline and Hazardous Materials Administration to allow the
transport of liquefied natural gas by rail across the country.
And obviously, it is much more dangerous. Do you still believe
that LNG should be permitted to ship on a two mile long train?
Mr. Batory. Regardless of the length of the trains, the
vessel itself, the vessel, the tank, OK, resided within the
pipeline agency, OK. The only thing we looked at was the
vehicle that carries the vessel.
And we had no difficulty with the vehicle, the flat car,
that carries the vessel on top. So I can't answer your question
in so far as the details associated with the vessel.
The Chair. Even though NTSB had safety concerns?
Mr. Batory. I would respect those concerns. They need to be
investigated and answered accordingly in a non-biased----
The Chair. So you will commit to taking a look at those,
the NTSB recommendations?
Mr. Batory. If you would----
The Chair. As an Amtrak Board member, you will look at
those recommendations?
Mr. Batory. If it would percolate, OK, to the Amtrak Board,
OK, and if I was confirmed, I would certainly--take a renewed
interest in it.
The Chair. I think--OK, this is a really important
question, so I want you to think about this for a minute. One
of the things that I think our committee as a group has worked
very hard on is to make sure that the FRA listens to the NTSB.
The major legislation that Senator Wicker and I worked on
established early reporting what the NTSB would do on an annual
basis. What are the safety trends? Why, because we didn't think
the FRA was paying enough attention to them.
So we certainly want the NTSB to be paid attention to. And
so, I am just asking your commitment to take their
recommendations seriously?
Mr. Batory. I have always taken NTSB recommendations
seriously and will continue to.
The Chair. OK.
Mr. Batory. Regardless of the subject matter.
The Chair. OK. Let's see here. Who--I wanted to ask a
little bit more about the efficiency of the service. As we
continue to look at the challenges as we were just discussing,
Ms. Clegg, and may be anybody really, the rest of the nominees,
this establishing of service and efficiencies.
And from the West, you get a different mode, obviously,
because you are empowering communities. You know, I would say,
you know, access to some of our national parks being one of the
key components of that. Being in Glacier and seeing everybody
get off the train. I mean, that is why they are there, to go
see that park.
And they were so benefited that they got to ride on Amtrak
to get there. How are you all thinking about these expansion
services or even the I-10 corridor, which is another example in
another part of the country. How are you guys looking at the
economics of these decisions on expansion of service?
Ms. Clegg. Senator Cantwell, I will take the first shot at
that. I think if you followed the FRA long distance study, you
know--you probably do know this, that one of the criteria that
they looked at was national parks. Another was educational
institutions. Another was disadvantaged communities along the
route.
I think there were 15 or 20 different criteria. I think if
we look at that study and look at what they learned about some
of those routes, we can use that to ensure that the routes that
we build are the correct ones and that we do it well.
In terms of trying to figure out how to provide the best
service, I would say that the places that do have local
commissions and local groups already are the ones that are
working hard to provide that better service because of that
local expertise on the ground.
And I would hope that Amtrak could not just work with those
groups but help spur the formation of some of those groups,
because I think it will help Amtrak service in the long run if
we can.
The Chair. OK. Any comments by other witnesses about how to
expand this service and look at the economics of the issues?
Mr. Batory. Senator, I just think that--within Amtrak,
there is a host of subject matter experts associated with
scheduling of trains, trains that are operating today, as well
as trains that should operate tomorrow.
And we should endorse and foster that type of work. And by
doing that, we will continue to build upon the national network
that we know of today. And the national network that we know of
today is not necessarily the perfect or the exact network that
we need for the future, but it is an evolution, and the Board
needs to support the Amtrak management team to develop and
continue to maintain that development of a national network
that patronizes the people of this country.
The Chair. I was asking a little bit more, as Ms. Clegg
mentioned, on those criteria that are included in the list as
opposed to just the operations--you know, people looking at the
operation time. I think what is--the Northeast Corridor is
unique, but so is the West, and I would say so is the South.
And there are big regional priorities within those areas.
And so, I was really looking to see the nominees' thoughts
about how important expansion of Amtrak is. To me, I think it
is an important tool.
Some of those criteria are there and in place, and part of
it is figuring out what else we need to do to make sure that we
communicate about the viability of these services to an entire
region. And I am not sure that we have the full scope of that.
Again, because I think if we did, we might have the I-10
corridor development already there.
Mr. Lathem. Senator, I would like to see more expansion
into rural areas. Being a small state, we still have a problem
with transportation in rural areas. And I think there are a lot
more states like us that can use more rail services in those
rural areas.
Mr. Batory. That--Senator, the expansion of rail breeds
economic development in the communities that rail serves. And
that is why I think it is so important to continually look at
that network and say, what can we do? Because it is not just
about making money or how much money we lose on a train.
It is what it does to the communities it serves and the
people that will live in those communities. And I share the
same feeling about rural America.
The Chair. Thank you. Mr. Capozzi, before I turn to my
colleague. OK, Senator Lujan. Thank you for joining us.

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

Senator Lujan. Thank you, Madam Chair. Thank you so much
for holding this hearing and thank you to each of you for being
here as well.
Every time Amtrak nominees have come before this committee,
I have pushed for robust funding and support for Amtrak to
improve rail network for long distance runs. I continue to hear
horror stories about delays and challenges, especially from
constituents in New Mexico.
You know, there has been folks that have been trying to cut
the run there and give us buses instead of trying to fight to
keep that thing going and extrapolate that across rural
America. I appreciate the responses I have already been
hearing.
The Southwest Chief has the second lowest on-time
performance rate of all the long distance routes, getting
customers on their destination on time only 34 percent of the
time during this last year. I would like to commend President
Biden for nominating several Amtrak Board members from the
Western United States in line with the requirements passed in
the bipartisan infrastructure law for geographical diversity on
the Board.
Now, it is vital that there are members of the Board who
understand the unique challenges of the West and will stand up
for our long distance routes and the passengers they serve. Mr.
Batory, I appreciate you being here as well, being from Santa
Fe.
Now, I would like to pose the same question to all of you.
As a member of the Amtrak Board, yes or no, are you committed
to advocating for increased funding for the long distance
network, in particular to address outdated equipment and
maintenance issues?
Mr. Lathem. Yes.
Senator Lujan. Mr. Capozzi.
Mr. Capozzi. Yes, Senator.
Senator Lujan. Mr. Batory.
Mr. Batory. Yes, Senator.
Senator Lujan. Ms. Clegg.
Ms. Clegg. Yes, Senator.
Senator Lujan. Thank you very--or Ms. Clegg. Thank you. I
will follow up in writing about that as well. Now, I want to
follow up more specifically on my efforts to preserve the
Southwest Chief's service to New Mexico.
I very much appreciate the work of Senator Moran. It was
years ago as a member of the House when I was invited into a
room with several Senators, with Senator Moran leading that
effort, to visit with the CEO from Amtrak when they were trying
to give us buses and trying to cut those trains to get
commitments there.
So, Mr. Batory, you served as Administrator of the Federal
Railroad Administration during the previous Administration.
While FRA and Amtrak are separate, they do work closely,
especially when it comes to grantmaking and budgetary
decisions.
Can you briefly explain your involvement in the repeated
attempts to move the Southwest Chief route to bus service
during your time as FRA Administrator?
Mr. Batory. Senator Moran, I am proud to share with you
that there was a gulf between myself and President Anderson in
regards to the Southwest Chief. I took a personal interest. At
first we were using the absence of positive train control is
the reason. Then we were talking about the physical plant
condition.
I reached out to Burlington Northern Santa Fe. I high
railed the railroad from Lamie, New Mexico, going to Trinidad,
and realized that the physical plant was adequate for the class
of track in which it was maintained for and that there was a
lot of subterfuge, if you will, on trying to degrade the
Southwest Chief. I am pleased to share with you it never
happened.
Senator Lujan. I very much appreciate that and was hoping
to hear that as clear as you shared it today so that it was
part of the record.
Now, Mr. Batory, I am going to read a quote from the
President, the previous President, President Trump's Fiscal
Year 2018 budget request, ``Amtrak's long distance trains do
not serve a vital transportation purpose and are a vestige of
when train service was the only viable transcontinental
transportation option.'' Do you agree with that assessment?
Mr. Batory. I don't recall that statement, but I don't
agree with it.
Senator Lujan. That answers my question. Mr. Batory, do you
agree that Congress should stop funding Amtrak's long distance
routes?
Mr. Batory. No, it should not.
Senator Lujan. If confirmed, do you commit to preserving
and expanding rather than reducing service on the Southwest
Chief line?
Mr. Batory. I would certainly be open to listening to the
facts that support that expansion.
Senator Lujan. I appreciate that very much. Madam Chair, I
want to thank you for this important hearing and especially
allowing me to ask questions around the Southwest Chief, which
is vital to New Mexico.
Since I have 30 seconds, Mr. Batory, being from Santa Fe, I
hope that we look to expand opportunities, that we take a
chance to learn more, as we heard from Mr. Lathem, into more
rural areas. There is not a way for us to get from Santa Fe
down to Las Cruces into the border and into Santa Teresa, which
is expanding.
It is incredible to see what is happening there and gets us
closer to El Paso. So I hope to have further conversations with
all of you down the road as we look at some of those
opportunities down the road. So, thank you very much. Thank
you, Madam Chair.
The Chair. Thank you, Senator Lujan. Thank you for that
advocacy. Before we close the hearing, I have one more question
for the nominees. If confirmed, will you pledge to work
collaboratively with this committee, provide thorough and
timely responses to your requests for information as we put
together and address important policy issues, and appear before
the Committee when requested?
Mr. Lathem. Yes.
Mr. Capozzi. Yes, Madam Chair.
Mr. Batory. Yes.
Ms. Clegg. I look forward to it. Yes.
The Chair. Great. Well, thank you for your willingness and
commitment to serve. That ends our hearing.
You will have until the close of business Monday, September
16 to submit--Senators will, to submit questions for the
record, and witnesses will have until the close of business
Monday, September 23 to respond to those questions. Again,
thank you all for being here. This concludes our hearing.
[Whereupon, at 11:49 a.m., the hearing was adjourned.]

A P P E N D I X

Response to Written Questions Submitted by Hon. Tammy Duckworth to
David Capozzi
Accessibility Improvements
While Amtrak continues to make progress in increasing accessibility
and improving the travel experience for people with disabilities, there
remains much work to be done. According to a recent report by the
National Disability Rights Network, a nonprofit membership organization
for the Federally mandated Protection and Advocacy (P&A) Systems and
the Client Assistance Programs (CAP) for individuals with disabilities,
people with disabilities continue to encounter inaccessible trains,
kiosks, bathrooms and stations. They also continue to deal with
unnecessary embarrassment, discomfort and disrespectful treatment. That
is why I have been pleased to see some progress with the design of the
Amtrak Airo. It is also why Senator Capito and I recently introduced
the bipartisan, bicameral S. 4107, Think Differently Transportation
Act, which passed the Senate Commerce, Science and Transportation
Committee unanimously. Our bill would bring Amtrak stations up to
standards enshrined in the Americans with Disabilities Act (ADA) by
requiring the rail agency to submit annual reports to Congress on the
status of its compliance with accessibility standards set by the ADA at
the 385 stations for which Amtrak is responsible.

Question 1. Please explain how you would ensure Amtrak builds--in a
timely and efficient manner--on the progress it has made to continue to
incorporate inclusive and universal design principles throughout
Amtrak's work, including on stations, rail cars and staff training?
Answer. I'll bring my many years of experience to the Amtrak
Board--both in Federal government service and with nonprofit
organizations--in addressing rail and other public transportation
accessibility issues. 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. I
will also work closely with Amtrak's Vice President of Accessibility,
Stations & Facilities and its ADA Executive Oversight Committee to
ensure that progress continues to be made in advancing accessibility to
stations, rail cars, and staff training.
Long Distance Rail
Amtrak is a national network that plays a vital role in the
transportation of customers to all corners of the U.S. Long-distance
Amtrak routes connect large cities to small rural towns and vice versa.
Chicago plays an outsized role in that network--50 percent of all of
Amtrak's long-distance customers ride trains that either begin or end
at Chicago Union Station.

Question 1. If confirmed, would you continue to support Amtrak
long-distance routes?
Answer. I value all of the train services Amtrak offers--long-
distance, state-supported, and Northeast Corridor services. I am
committed to long-distance train service.
Chicago Hub Improvement Program (CHIP)
Amtrak's Chicago Hub Improvement Program (CHIP) would help
alleviate rail congestion in Chicago. This congestion slows down
intercity passenger rail across the Midwest and across the country. The
CHIP program would be particularly helpful for Michigan, Indiana,
Missouri, Minnesota and Wisconsin, as well as Illinois.

Question 1. If confirmed, will you commit to visiting Chicago Union
Station to see this project?
Answer. If confirmed, I look forward to visiting Chicago Union
Station to see this project.

Question 2. If confirmed, will you agree to maintain the
commitments Amtrak has made to the Midwest region on improving
intercity passenger rail through Chicago??
Answer. If confirmed, I would agree to maintain the commitments
Amtrak has made to the Midwest region on improving intercity passenger
rail through Chicago.
______

Response to Written Questions Submitted by Hon. Raphael Warnock to
David Capozzi
Amtrak Safety and On-Time Performance
I am concerned by reports of delays and stoppages on Amtrak routes,
especially as an impediment to expansion of passenger rail service
beyond the Northeast Corridor. According to the Department of Justice,
in 2023, only 24 percent of southbound passenger trains on the Crescent
route arrived at their destination on time.\1\ In July 2024, the
Department of Justice filed a civil complaint alleging that Norfolk
Southern (NS), which controls 1,140 miles of rail line on the
Crescent's 1,377 mile route and handles dispatching for all trains
along that segment, delays passengers trains in violation of Federal
law.\2\ One example in the complaint notes an August 2022 Crescent
train was delayed for 55 minutes when it was forced to follow a NS
train from Bremen, Georgia, to Birmingham, Alabama, because there were
no sidings along the route long enough to accommodate the freight
train.\3\ In addition, this July, an Amtrak Crescent train struck a
passenger vehicle in Lula, Georgia, injuring three passengers.\4\
---------------------------------------------------------------------------
\1\ Justice Department Files Complaint Against Norfolk Southern to
Stop Amtrak Passenger Train Delays, Department of Justice (Jul. 30,
2024), https://www.justice.gov/opa/pr/justice-department-files-
complaint-against-norfolk-southern-stop-amtrak-passenger-train.
\2\ Id.
\3\ Complaint 35(a), United States of America v. Norfolk Southern
Corporation and Norfolk Southern Railway Company, No. 24-cv-02226
(D.D.C. Jul. 30, 2024), https://www.justice.gov/opa/media/1362071/
dl?inline (``On August 22, 2022, Crescent 19 was delayed for 55 minutes
when it was forced to follow Norfolk Southern train 29S-22 for 115
miles from Bremen, Georgia, to Birmingham, Alabama, because there were
no sidings along the route long enough to accommodate Norfolk Southern
train 29S-22'').
\4\ Pickup truck hit by train in Lula, all three occupants injured,
access WDUN (Jul. 30, 2024), https://accesswdun.com/article/2024/7/
1255087/travel-issues-in-banks-county-following-train-collision-with-
pickup-truck.

Question 1. If confirmed as a member of the Amtrak Board of
Directors, how will you promote a stronger partnership and improve
communication with freight rail carriers to improve safety and on-time
performance on the National Network?
Answer. It's my understanding that Amtrak faces the largest number
of delays due to freight train interference. Statute requires freight
trains 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. Real enforcement is necessary for
Amtrak trains to run on time. We need to be driven by Amtrak's mission
which is to provide efficient and effective intercity passenger rail
mobility consisting of high-quality service that is trip-time
competitive with other intercity travel options. I will work with my
fellow Board members to ensure that we do our part in helping Amtrak to
meet its federally required on-time performance standards, that at
least 80 percent of a train's customers must arrive on time for any two
consecutive calendar quarters. One way to improve communication with
freight rail carriers is by meeting with them more often and
publicizing the results of those meetings in a transparent way. Open
communication is critical to improving relationships.
Amtrak Expansion in the Southeast
The Bipartisan Infrastructure Law, which I was proud to support,
includes nearly $13 billion for Amtrak grants for activities associated
with the National Network and over $1.3 billion in funding for the
Federal Railroad Administration (FRA) to carry out railroad safety
activities. On December 8, 2023, FRA announced selections through the
Corridor Identification and Development Program to create a pipeline of
intercity passenger rail projects ready for implementation and future
investment.\5\ These selections include three grants, totaling $1.5
million, to explore new passenger rail routes across Georgia and into
neighboring states.\6\ The Fiscal Year 2025 Transportation, Housing and
Urban Development government funding bill also includes $10 million for
Amtrak to build a new intercity passenger rail hub station in
Atlanta.\7\ This support is a good starting point, but there is clearly
more work to be done to expand rail access in Georgia and the greater
southeast.
---------------------------------------------------------------------------
\5\ President Biden Announces $8.2 Billion in New Grants for High-
Speed Rail and Pipeline of Projects Nationwide, Federal Railroad
Administration (Dec. 8, 2023), https://railroads.dot.gov/about-fra/
communications/newsroom/press-releases/president-biden-announces-82-
billion-new-grants.
\6\ FY22 Corridor Identification and Development Program
Selections, Federal Railroad Administration (Dec. 8, 2023), https://
railroads.dot.gov/sites/fra.dot.gov/files/2023-12/FY22%20CID
%20Project%20Summaries-Map-r1.pdf.
\7\ Transportation, Housing and Urban Development, and Related
Agencies Appropriations Act, 2025, S. 4796, 118th Cong. (2024).

Question 1. In general, does the presence of passenger rail service
increase commercial, business, and tourism opportunities?
Answer. I believe that investment in passenger rail service
promotes greater mobility and economic development, generates new jobs,
encourages energy efficiency, and enhances our standard of living. A
strong passenger rail program--adding train manufacturing,
construction, operation, and maintenance--will provide good-paying jobs
that can't be exported. Investing in passenger rail service also
fosters real estate development around stations. This promotes many
non-rail jobs, walkable communities, and energy-efficient lifestyles.

Question 2. Will you commit to comprehensively analyzing the
feasibility and economic potential of these routes?
Answer. If confirmed, I will commit to comprehensively analyzing
the feasibility and economic potential of these routes.

Question 3. How do centralized, modern rail hub stations, like the
new proposed Atlanta rail hub station, support passenger rail ridership
and improve the ridership experience?
Answer. Centralized, modern rail hub stations support passenger
rail ridership and improve the passenger experience by playing a
critical role in reshaping our cities in a sustainable manner by
facilitating interconnectivity and by serving as a catalyst for urban
redevelopment activities around new stations by increasing mobility and
accessibility for all without increasing traffic.

Question 4. Will you commit to exploring all opportunities to
improve the Atlanta and Savannah Amtrak stations to prepare them for
passenger rail expansion?
Answer. If confirmed, I will commit to exploring all opportunities
to improve the Atlanta and Savannah Amtrak stations to prepare them for
passenger rail expansion.
______

Response to Written Question Submitted by Hon. Shelley Moore Capito to
David Capozzi
Question 1. Senator Duckworth and I have a bill--the Think
Differently Transportation Act which would mandate that Amtrak has to
submit annual reports about accessibility compliance in stations that
are not yet ADA compliant. I was proud to see the Charleston station
become fully accessible last fall, but we still have 4 stations working
towards being fully accessible in my state. Can you tell us about some
of the compliance challenges for rural stations that are not yet
accessible? Can you explain why our bill to require Amtrak to report on
station compliance would be helpful?
Answer. Rural stations that are not yet accessible face many of the
same compliance challenges as stations in more developed areas of the
country. However, they often face other accessibility complications
such as having inadequate public right-of-way infrastructure such as
incomplete sidewalks, no curb ramps, or a lack of complying curb ramps.
Rural stations often must address accessibility issues complicated by
ADA historic preservation provisions. A building that is listed in or
eligible for listing in the National Register of Historic Places, or
designated as historic under an appropriate State or local law, may
have to address exceptions for alterations to accessible routes,
entrances, or toilet facilities when a State Historic Preservation
Officer or Advisory Council on Historic Preservation determines that
compliance with the ADA requirements would threaten or destroy the
historic significance of the building. Rural stations where Amtrak has
no ADA responsibilities often face additional challenges such as
limited financial resources.
The Think Differently Transportation Act would require Amtrak to
report to Congress information on its compliance with the ADA with
respect to stations annually while the settlement agreement with the
Department of Justice is in effect and every 5 years when the
settlement is no longer in effect. Although the DOJ settlement
agreement already requires ADA Progress Reports on a bi-annual basis
and to make those reports available to the public, your bill will
provide much needed transparency in Amtrak's progress in meeting its
ADA obligations and will memorialize the reporting requirements of the
DOJ settlement agreement.
______

Response to Written Questions Submitted by Hon. Tammy Duckworth to
Samuel Lathem
Long Distance Rail
Amtrak is a national network that plays a vital role in the
transportation of customers to all corners of the U.S. Long-distance
Amtrak routes connect large cities to small rural towns and vice versa.
Chicago plays an outsized role in that network--50 percent of all of
Amtrak's long-distance customers ride trains that either begin or end
at Chicago Union Station.

Question 1. If confirmed, would you continue to support Amtrak
long-distance routes?
Answer. As an Amtrak Board member, if confirmed, I would work to
encourage expansion of long-distance routes.
Chicago Hub Improvement Program (CHIP)
Amtrak's Chicago Hub Improvement Program (CHIP) would help
alleviate rail congestion in Chicago. This congestion slows down
intercity passenger rail across the Midwest and across the country. The
CHIP program would be particularly helpful for Michigan, Indiana,
Missouri, Minnesota and Wisconsin, as well as Illinois.

Question 1. If confirmed, will you commit to visiting Chicago Union
Station to see this project?
Answer. Yes.

Question 2. If confirmed, will you agree to maintain the
commitments Amtrak has made to the Midwest region on improving
intercity passenger rail through Chicago??
Answer. Yes.
______

Response to Written Questions Submitted by Hon. Raphael Warnock to
Samuel Lathem
Amtrak Safety and On-Time Performance
I am concerned by reports of delays and stoppages on Amtrak routes,
especially as an impediment to expansion of passenger rail service
beyond the Northeast Corridor. According to the Department of Justice,
in 2023, only 24 percent of southbound passenger trains on the Crescent
route arrived at their destination on time.\1\ In July 2024, the
Department of Justice filed a civil complaint alleging that Norfolk
Southern (NS), which controls 1,140 miles of rail line on the
Crescent's 1,377 mile route and handles dispatching for all trains
along that segment, delays passengers trains in violation of Federal
law.\2\ One example in the complaint notes an August 2022 Crescent
train was delayed for 55 minutes when it was forced to follow a NS
train from Bremen, Georgia, to Birmingham, Alabama, because there were
no sidings along the route long enough to accommodate the freight
train.\3\ In addition, this July, an Amtrak Crescent train struck a
passenger vehicle in Lula, Georgia, injuring three passengers.\4\
---------------------------------------------------------------------------
\1\ Justice Department Files Complaint Against Norfolk Southern to
Stop Amtrak Passenger Train Delays, Department of Justice (Jul. 30,
2024), https://www.justice.gov/opa/pr/justice-department-files-
complaint-against-norfolk-southern-stop-amtrak-passenger-train.
\2\ Id.
\3\ Complaint 35(a), United States of America v. Norfolk Southern
Corporation and Norfolk Southern Railway Company, No. 24-cv-02226
(D.D.C. Jul. 30, 2024), https://www.justice.gov/opa/media/1362071/
dl?inline (``On August 22, 2022, Crescent 19 was delayed for 55 minutes
when it was forced to follow Norfolk Southern train 29S-22 for 115
miles from Bremen, Georgia, to Birmingham, Alabama, because there were
no sidings along the route long enough to accommodate Norfolk Southern
train 29S-22'').
\4\ Pickup truck hit by train in Lula, all three occupants injured,
access WDUN (Jul. 30, 2024), https://accesswdun.com/article/2024/7/
1255087/travel-issues-in-banks-county-following-train-collision-with-
pickup-truck.

Question 1. In general, does the presence of passenger rail service
increase commercial, business, and tourism opportunities?
Answer. Yes.

Question 2. Will you commit to comprehensively analyzing the
feasibility and economic potential of these routes?
Answer. Yes.

Question 4. Will you commit to exploring all opportunities to
improve the Atlanta and Savannah Amtrak stations to prepare them for
passenger rail expansion?
Answer. Yes.
______

Response to Written Questions Submitted by Hon. Ted Cruz to
Samuel Lathem
Questionnaire Inaccuracies
You completed and sent the Committee a questionnaire each time you
were nominated for this position, in 2022, 2023, and 2024. At the end
of each questionnaire, you signed an affidavit, attesting that ``the
information provided therein [was], to the best of [your] knowledge,
current, accurate, and complete.'' Every time, however, you did not
disclose a significant amount of responsive information, including
public statements, published pieces, and campaign contributions.

Question 1. In response to question 17 on the 2022, 2023, and 2024
questionnaires, which asked you to ``list each book, article, column,
letter to the editor, Internet blog posting, or other publication you
have authored,'' you responded ``none.''

a. Did you write a piece in The News Journal in 2011 called ``Labor
Gave Us a Middle Class; Corporations are Taking it Away''?
Answer. Yes. Upon receiving your questions, I reviewed this piece
and see that I did author this piece in 2011.

b. Did you co-author a piece in the Dover Post in 2013 with then
AFL-CIO President Richard Trumka called ``On Labor Day, Too Many
Workers Labor in the Shadows''?
Answer. Yes. Upon receiving your questions, I reviewed this piece
and see that I did co-author this piece in 2013.

c. Did you co-author a piece in 2006 in The News Journal called
``Delaware Must Reform Workers' Comp Now''?
Answer. Yes. Upon receiving your questions, I reviewed this piece
and see that I did co-author this piece in 2006.

d. Are there any other books, articles, columns, Internet blog
postings, or other publications you have authored that you did not
disclose to this Committee in your 2022, 2023, and 2024 questionnaires?
Answer. Not that I recall.

Question 2. Please explain how you verified your answers to
question 1.
Answer. I answered to the best of my ability and how I remembered
it.

Question 3. In response to question 19 on the 2023 and 2024
questionnaires, which asked you to ``list all public statements you
have made during the past ten years,'' you responded ``none.''

a. Did you make the statement attributed to you in the 2015 article
in The News Journal article titled, ``Data Center Supporters Call for
Investigation''?
Answer. Yes. Upon receiving your questions, I reviewed the article
and see the statement attributed to me. I did not recall making this
statement.

b. Did you make the statements attributed to you in the 2014
article in The News Journal article titled, ``Flower to Endorse on
Thursday''?
Answer. Yes. Upon receiving your questions, I reviewed the article
and see the statement attributed to me. I did not recall making this
statement.

c. Have you made any other public statements during the past ten
years?
Answer. Not that I am aware.

Question 4. Please explain how you verified your answers to
question 3.
Answer. I answered to the best of my ability and how I remembered
it.

Question 5. In response to question 15 on the 2022, 2023, and 2024
questionnaires, which asked you to ``[i]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,'' you responded ``none.''

a. Did you donate $500 to the election campaign of now Delaware
Governor John Carney in 2016?
Answer. Yes.

b. In the last ten years, did you make any other political
contributions to any individual, campaign organization, political
party, political action committee, or similar entity of $200 or more
that you did not disclose to this Committee in your 2022, 2023, and
2024 questionnaires?
Answer. I gave a contribution to Lisa Blunt Rochester. According to
the FEC website, this contribution was in May 2016 for $300.

Question 6. Please explain how you verified your answers to
question 5.
Answer. I answered to the best of my ability and how I remembered
it.
Trips to Venezuela
During your nomination hearing on September 11, Senator Schmitt
asked you several questions about your trips to Venezuela in 2009 and
2011.
Question 7. You testified to the Committee that ``you never said''
the Chavez regime was ``benevolent.'' However, you were quoted in a
2009 article in The News Journal titled ``Del. Labor Leaders Prepare
Visit to Venezuela,'' as stating: ``They look like they've got a very
aggressive agenda for us. Based on what they've done in this state,
they've been very benevolent (emphasis added). I think Richard and his
wife [referring to Richard and Magda Korn, who helped organize the
trip] have been a big part of establishing that relationship.'' For
your reference and the hearing record, I am attaching a copy of that
article. Would you like to correct the record and acknowledge that you
did make this statement?
Answer. In the agreement they had with Joe Kennedy II they were to
provide oil to people who could not afford it and in that vein, yes,
they were benevolent.

Question 8. You testified to the Committee that you went to
Venezuela in 2011 as a guest of the president of the Building Trades of
Delaware. However, during your staff interview, you said the Venezuelan
Consulate invited you on this trip. Moreover, a 2011 article in Burning
Spear, describing the conference, says the U.S. delegation of African
Socialist International ``was made up of James Early, the Smithsonian
Institution's Director of Cultural Heritage Policy of the Center for
Folklife and Cultural Heritage; Samuel E. Lathem, President of the
Delaware State AFL-CIO; Ajamu Baraka, Executive Director of the U.S.
Human Rights Network; Joia Nuri, Chief of Staff for TransAfrica Forum;
August Nimtz, representative of the U.S. Socialist Workers Party;
Chokwe Lumumba, New Afrikan People's Organization and Howard University
students.'' None of those individuals are from the Building Trades of
Delaware. For your reference and the hearing record, I am attaching a
copy of that article.

a. When you said the trip was as a guest of the president of the
Building Trades of Delaware, were you referring to the 2009 trip?
Answer. I was referring to both trips, but the president of the
building trades could not make the second trip.

b. If yes, was the 2011 trip at the invitation of the Venezuelan
Consulate? If no, was your statement during your staff interview that
the Venezuelan Consulate invited you inaccurate?
Answer. No, the president of the building trades invited me, but he
could not make it.

Question 9. You testified to the Committee that the Venezuelan
government paid for the 2009 trip to Venezuela. During your staff
interview you said that the Venezuelan government paid for 2011 trip to
Venezuela as well. Is that accurate?
Answer. Yes, as far as I know. It was the president of the Delaware
Building Trades that made the arrangements.
Relationship with White House
Question 10. In public reporting, you have been identified as a
``longtime Biden family friend.'' In your interview with my staff, you
acknowledged your longstanding relationship with President Biden. Given
your close relationship with the President, when did you first begin to
notice the President's cognitive decline?
Answer. Since President Biden took office, I have had limited
interaction with him and have not noticed any changes whatsoever.
______

Response to Written Questions Submitted by Hon. Shelley Moore Capito to

Samuel Lathem
Question 1. We all want to see Amtrak succeed and not just in the
Northeast Corridor--one of the issues that has been constant across the
network has been about procuring rolling stock (train cars and
locomotives). This long and difficult process often means that it can
take years and years to see new train sets come into service. What
ideas do you have for improving the procurement process?
Answer. I agree that it is important that we create an environment
where new rolling stock is delivered on time, on budget, and in
compliance with all safety requirements. If confirmed, I commit to
looking into this issue further and working to ensure this outcome.

Question 2. Safety is always my top priority on this committee. I
know that when Mr. Batory was the head of the FRA he helped to
implement Positive Train Control. What are your thoughts on PTC and
other safety technologies?
Answer. Safety is also a number one priority with me.
______

Response to Written Questions Submitted by Hon. Tammy Duckworth to
Ronald Batory
Long Distance Rail
Amtrak is a national network that plays a vital role in the
transportation of customers to all corners of the U.S. Long-distance
Amtrak routes connect large cities to small rural towns and vice versa.
Chicago plays an outsized role in that network--50 percent of all of
Amtrak's long-distance customers ride trains that either begin or end
at Chicago Union Station.

Question 1. If confirmed, would you continue to support Amtrak
long-distance routes?
Answer. Yes.
Chicago Hub Improvement Program (CHIP)
Amtrak's Chicago Hub Improvement Program (CHIP) would help
alleviate rail congestion in Chicago. This congestion slows down
intercity passenger rail across the Midwest and across the country. The
CHIP program would be particularly helpful for Michigan, Indiana,
Missouri, Minnesota and Wisconsin, as well as Illinois.

Question 1. If confirmed, will you commit to visiting Chicago Union
Station to see this project?
Answer. Yes.

Question 2. If confirmed, will you agree to maintain the
commitments Amtrak has made to the Midwest region on improving
intercity passenger rail through Chicago??
Answer. Yes.
______

Response to Written Questions Submitted by Hon. Raphael Warnock to
Ronald Batory
Amtrak Safety and On-Time Performance
I am concerned by reports of delays and stoppages on Amtrak routes,
especially as an impediment to expansion of passenger rail service
beyond the Northeast Corridor. According to the Department of Justice,
in 2023, only 24 percent of southbound passenger trains on the Crescent
route arrived at their destination on time.\1\ In July 2024, the
Department of Justice filed a civil complaint alleging that Norfolk
Southern (NS), which controls 1,140 miles of rail line on the
Crescent's 1,377 mile route and handles dispatching for all trains
along that segment, delays passengers trains in violation of Federal
law.\2\ One example in the complaint notes an August 2022 Crescent
train was delayed for 55 minutes when it was forced to follow a NS
train from Bremen, Georgia, to Birmingham, Alabama, because there were
no sidings along the route long enough to accommodate the freight
train.\3\ In addition, this July, an Amtrak Crescent train struck a
passenger vehicle in Lula, Georgia, injuring three passengers.\4\
---------------------------------------------------------------------------
\1\ Justice Department Files Complaint Against Norfolk Southern to
Stop Amtrak Passenger Train Delays, Department of Justice (Jul. 30,
2024), https://www.justice.gov/opa/pr/justice-department-files-
complaint-against-norfolk-southern-stop-amtrak-passenger-train.
\2\ Id.
\3\ Complaint 35(a), United States of America v. Norfolk Southern
Corporation and Norfolk Southern Railway Company, No. 24-cv-02226
(D.D.C. Jul. 30, 2024), https://www.justice.gov/opa/media/1362071/
dl?inline (``On August 22, 2022, Crescent 19 was delayed for 55 minutes
when it was forced to follow Norfolk Southern train 29S-22 for 115
miles from Bremen, Georgia, to Birmingham, Alabama, because there were
no sidings along the route long enough to accommodate Norfolk Southern
train 29S-22'').
\4\ Pickup truck hit by train in Lula, all three occupants injured,
access WDUN (Jul. 30, 2024), https://accesswdun.com/article/2024/7/
1255087/travel-issues-in-banks-county-following-train-collision-with-
pickup-truck.

Question 1. If confirmed as a member of the Amtrak Board of
Directors, how will you promote a stronger partnership and improve
communication with freight rail carriers to improve safety and on-time
performance on the National Network?
Answer. Regarding safety, Amtrak management should develop action
plans to resolve physical plant and operating practices issues. Host
railroad management should engage to the extent they have
responsibility for a given safety concern.
Regarding on-time performance, I would advocate for Amtrak
management to reach agreement with host railroads on all train
schedules, as set forth in the governing FRA regulation covering
service metrics and standards. If Amtrak and a freight host do not even
agree about the schedule, it is difficult to improve service. Legal
action is an option, but it should be a last resort given the time and
expense involved.
Amtrak Expansion in the Southeast
The Bipartisan Infrastructure Law, which I was proud to support,
includes nearly $13 billion for Amtrak grants for activities associated
with the National Network and over $1.3 billion in funding for the
Federal Railroad Administration (FRA) to carry out railroad safety
activities. On December 8, 2023, FRA announced selections through the
Corridor Identification and
Development Program to create a pipeline of intercity passenger
rail projects ready for implementation and future investment.\5\ These
selections include three grants, totaling $1.5 million, to explore new
passenger rail routes across Georgia and into neighboring states.\6\
The Fiscal Year 2025 Transportation, Housing and Urban Development
government funding bill also includes $10 million for Amtrak to build a
new intercity passenger rail hub station in Atlanta.\7\ This support is
a good starting point, but there is clearly more work to be done to
expand rail access in Georgia and the greater southeast.
---------------------------------------------------------------------------
\5\ President Biden Announces $8.2 Billion in New Grants for High-
Speed Rail and Pipeline of Projects Nationwide, Federal Railroad
Administration (Dec. 8, 2023), https://railroads.dot.gov/about-fra/
communications/newsroom/press-releases/president-biden-announces-82-
billion-new-grants.
\6\ FY22 Corridor Identification and Development Program
Selections, Federal Railroad Administration (Dec. 8, 2023), https://
railroads.dot.gov/sites/fra.dot.gov/files/2023-12/FY22%20CID
%20Project%20Summaries-Map-r1.pdf.
\7\ Transportation, Housing and Urban Development, and Related
Agencies Appropriations Act, 2025, S. 4796, 118th Cong. (2024).

Question 1. In general, does the presence of passenger rail service
increase commercial, business, and tourism opportunities?
Answer. Yes.

Question 2. Will you commit to comprehensively analyzing the
feasibility and economic potential of these routes?
Answer. If confirmed, yes.

Question 3. How do centralized, modern rail hub stations, like the
new proposed Atlanta rail hub station, support passenger rail ridership
and improve the ridership experience?
Answer. A central rail station can host an array of routes and
frequencies of choice. These potential attributes can attract rail
ridership to new heights.

Question 4. Will you commit to exploring all opportunities to
improve the Atlanta and Savannah Amtrak stations to prepare them for
passenger rail expansion?
Answer. If confirmed, yes.
______

Response to Written Question Submitted by Hon. Shelley Moore Capito to
Ronald Batory
Question 1. I'd like to ask you about Amtrak's preference over
freight railroads since you used to be the head of the Federal Railroad
Administration. In 2023, the Capitol Limited had an on-time performance
rating of 70 percent and the Cardinal line had a terrible 58 percent--
far below the 80 percent goal. What ways could Amtrak better enforce
their statutory preference over freight rails?
Answer. Resolve the dispute schedules pending for both trains. That
is a key step required by the FRA regulation, and Amtrak and host
railroads have not completed that work. Once agreement on schedules is
achieved, issues such as physical plant capacity and necessary
operating changes will become obvious. Mutual agreement on realistic
improvements is preferable to the cost and expense of legal action.
______

Response to Written Questions Submitted by Hon. Tammy Duckworth to
Elaine Clegg
Long Distance Rail
Amtrak is a national network that plays a vital role in the
transportation of customers to all corners of the U.S. Long-distance
Amtrak routes connect large cities to small rural towns and vice versa.
Chicago plays an outsized role in that network--50 percent of all of
Amtrak's long-distance customers ride trains that either begin or end
at Chicago Union Station.

Question 1. If confirmed, would you continue to support Amtrak
long-distance routes?
Answer. Yes, I will. The long-distance routes are the backbone of
the Amtrak national network. I have worked for the past three years as
a member of the Greater Northwest Passenger Rail working group to
advocate for expanding that network to better serve all Americans.
There are 15 routes today in the long-distance network and a number of
integrated state-supported routes. Additionally, the FRA has chosen 69
corridors for the Corridor Identification Program (CID), many of which
can augment the Amtrak network with state supported and long-distance
service, and many of those corridors chosen also connect to the Chicago
hub.
The FRA has also completed the outreach for the Long-Distance
Service study and identified 15 additional preferred long-distance
routes (one of which is also in the CID program) after receiving over
47,000 public comments. 99 percent of those comments were supportive of
additional long-distance passenger rail service in the US. If
confirmed, I will work as an Amtrak Board member to strengthen existing
long-distance service, and to implement the FRA network of preferred
routes; for expansion of passenger rail service to places that do not
have service today and enhancing service in places already well served
such as the Chicago region.
Chicago Hub Improvement Program (CHIP)
Amtrak's Chicago Hub Improvement Program (CHIP) would help
alleviate rail congestion in Chicago. This congestion slows down
intercity passenger rail across the Midwest and across the country. The
CHIP program would be particularly helpful for Michigan, Indiana,
Missouri, Minnesota and Wisconsin, as well as Illinois.

Question 1. If confirmed, will you commit to visiting Chicago Union
Station to see this project?
Answer. The Chicago Union Station is one of the iconic stations
that I have yet to visit and I would be excited to come to Chicago,
tour the station and experience the train service moving in and out of
the city to learn more about the CHIP program and how the congestion at
this important hub would be mitigated.

Question 2. If confirmed, will you agree to maintain the
commitments Amtrak has made to the Midwest region on improving
intercity passenger rail through Chicago??
Answer. Intercity passenger rail is dependent on long-term stable
funding, especially for the infrastructure improvements needed to make
it more efficient and attractive to use. Chicago will always be an
important hub for both intercity passenger rail and freight. One of the
issues I commit to working on if confirmed is finding solutions to the
congestion that is exacerbated by the interactions of passenger and
freight rail on rail corridors to improve movement for both passenger
rail and freight. I also am eager to bring my familiarity with
improving the experience of transit riders to Amtrak as it works to
improve the experience of passenger rail riders.
______

Response to Written Questions Submitted by Hon. Raphael Warnock to
Elaine Clegg
Amtrak Safety and On-Time Performance
I am concerned by reports of delays and stoppages on Amtrak routes,
especially as an impediment to expansion of passenger rail service
beyond the Northeast Corridor. According to the Department of Justice,
in 2023, only 24 percent of southbound passenger trains on the Crescent
route arrived at their destination on time.\1\ In July 2024, the
Department of Justice filed a civil complaint alleging that Norfolk
Southern (NS), which controls 1,140 miles of rail line on the
Crescent's 1,377 mile route and handles dispatching for all trains
along that segment, delays passengers trains in violation of Federal
law.\2\ One example in the complaint notes an August 2022 Crescent
train was delayed for 55 minutes when it was forced to follow a NS
train from Bremen, Georgia, to Birmingham, Alabama, because there were
no sidings along the route long enough to accommodate the freight
train.\3\ In addition, this July, an Amtrak Crescent train struck a
passenger vehicle in Lula, Georgia, injuring three passengers.\4\
---------------------------------------------------------------------------
\1\ Justice Department Files Complaint Against Norfolk Southern to
Stop Amtrak Passenger Train Delays, Department of Justice (Jul. 30,
2024), https://www.justice.gov/opa/pr/justice-department-files-
complaint-against-norfolk-southern-stop-amtrak-passenger-train.
\2\ Id.
\3\ Complaint 35(a), United States of America v. Norfolk Southern
Corporation and Norfolk Southern Railway Company, No. 24-cv-02226
(D.D.C. Jul. 30, 2024), https://www.justice.gov/opa/media/1362071/
dl?inline (``On August 22, 2022, Crescent 19 was delayed for 55 minutes
when it was forced to follow Norfolk Southern train 29S-22 for 115
miles from Bremen, Georgia, to Birmingham, Alabama, because there were
no sidings along the route long enough to accommodate Norfolk Southern
train 29S-22'').
\4\ Pickup truck hit by train in Lula, all three occupants injured,
access WDUN (Jul. 30, 2024), https://accesswdun.com/article/2024/7/
1255087/travel-issues-in-banks-county-following-train-collision-with-
pickup-truck.

Question 1. If confirmed as a member of the Amtrak Board of
Directors, how will you promote a stronger partnership and improve
communication with freight rail carriers to improve safety and on-time
performance on the National Network?
Answer. Delays are especially apparent on western routes where the
long distances encourage even longer freight trains. The Southwest
Chief and Zephyr have the worst on-time performance in the system as a
result. These delays plague other regions as well, as you noted in the
Southeast. I commit to working on this issue if confirmed. There is no
magic bullet but finding solutions to the congestion that is
exacerbated by the interactions of passenger and freight rail on rail
corridors to improve movement for both passenger rail and freight must
be successful if the passenger rail system in the U.S. is to live up to
its promise of access for all Americans. There are models such as the
Capitol Corridor in California and others that Amtrak should explore
and pilot. I have always been skilled at building relationships that
move issues forward and will work to understand and know freight
railroad people and the challenges they face. As a board member I will
bring these issues to the forefront. It is likely that these solutions
will require adequate and stable infrastructure and operations funding
to fully address.
I am unfamiliar with the accident in Lula Georgia. Safety has to be
a top priority and I will learn about the causes of that crash and
learn what response Amtrak has taken to prevent such crashes in the
future. If there are systemic issues that have been discovered, I will
push to address that safety issue systemically.
Amtrak Expansion in the Southeast
The Bipartisan Infrastructure Law, which I was proud to support,
includes nearly $13 billion for Amtrak grants for activities associated
with the National Network and over $1.3 billion in funding for the
Federal Railroad Administration (FRA) to carry out railroad safety
activities. On December 8, 2023, FRA announced selections through the
Corridor Identification and Development Program to create a pipeline of
intercity passenger rail projects ready for implementation and future
investment.\5\ These selections include three grants, totaling $1.5
million, to explore new passenger rail routes across Georgia and into
neighboring states.\6\ The Fiscal Year 2025 Transportation, Housing and
Urban Development government funding bill also includes $10 million for
Amtrak to build a new intercity passenger rail hub station in
Atlanta.\7\ This support is a good starting point, but there is clearly
more work to be done to expand rail access in Georgia and the greater
southeast.
---------------------------------------------------------------------------
\5\ President Biden Announces $8.2 Billion in New Grants for High-
Speed Rail and Pipeline of Projects Nationwide, Federal Railroad
Administration (Dec. 8, 2023), https://railroads.dot.gov/about-fra/
communications/newsroom/press-releases/president-biden-announces-82-
billion-new-grants.
\6\ FY22 Corridor Identification and Development Program
Selections, Federal Railroad Administration (Dec. 8, 2023), https://
railroads.dot.gov/sites/fra.dot.gov/files/2023-12/FY22%20CID
%20Project%20Summaries-Map-r1.pdf.
\7\ Transportation, Housing and Urban Development, and Related
Agencies Appropriations Act, 2025, S. 4796, 118th Cong. (2024).

Question 1. In general, does the presence of passenger rail service
increase commercial, business, and tourism opportunities?
Answer. Passenger rail has repeatedly shown positive economic
benefits. Looking just at costs is the wrong way to analyze new
service, we must project the economic gain and when that is done that
gain is significant. Amtrak's many services return between $7 billion
and $8 billion each year to our Nation's GDP four times what we
typically invest in the service. With the increased authorization that
GDP impact is also increasing

Question 2. Will you commit to comprehensively analyzing the
feasibility and economic potential of these routes?
Answer. Amtrak must conduct such analysis to prioritize the new
service that will be recommended by the FRA long distance service
study. One flaw in that study is that it did not explore economic gain
other than a very cursory look based on assumptions applied to other
data. There are models, such as the one designed by southern
Mississippi University that can be applied to that analysis. If
confirmed, I will ask that a model is identified and used to help
Amtrak prioritize the new service and study existing service to help
the board make decisions and so Americans understand the benefits of
Amtrak service.

Question 3. How do centralized, modern rail hub stations, like the
new proposed Atlanta rail hub station, support passenger rail ridership
and improve the ridership experience?
Answer. The expanded national network envisions the new rail hub
activity for passenger rail in Atlanta and Dallas on the national
network overlaying the state supported CID corridors and the preferred
long-distance routes. By learning from the success of the hubs along
the Northeast Corridor and the services that meet in Chicago it's clear
that dense networks of interconnecting routes benefit riders with more
destinations and boosts the economic activity at the hub and support
these expansions as sufficient funding is authorized. If confirmed, as
an Amtrak Board member, I will also be interested in ensuring that
Amtrak does all it can to make the passenger experience in ticketing,
transferring between routes and the onboard experience as seamless and
convenient as possible.

Question 4. Will you commit to exploring all opportunities to
improve the Atlanta and Savannah Amtrak stations to prepare them for
passenger rail expansion?
Answer. In my experience station improvements are best achieved
through strong partnerships that include local interests and
stewardship. There are myriad programs in IIJA that can support these
improvements and if confirmed I would work as a board member to ensure
that the needed partnerships are nurtured and utilized to find and
support applications for the appropriate grants to complete this work.
______

Response to Written Question Submitted by Hon. Shelley Moore Capito to
Elaine Clegg
Question 1. I know that you are an advocate for long-haul Amtrak
routes. Both the Cardinal route and Capitol Limited are critical to
West Virginia. Right now, the Cardinal route operates 3 times a week
and serves 8 stations. It gives my state important connections with
major cities, but we need it to run daily in order to really boost the
economy as well as the visitor experience. West Virginia is a beautiful
place and should be accessible 7 days a week on this line, and I know
that Amtrak received funding to begin working towards daily service.
Aside from more appropriated funds, what other ways could long-haul
routes be prioritized more? If confirmed, can you commit to working
towards the goal of daily service on the Cardinal route?
Answer. Frequency on long-distance services is key to building
ridership and reliability. Applications for restoration of the Cardinal
and the Sunset Limited to daily service were both chosen as Corridor
Identification program (CID) projects and work has begun to assess the
cost and operating challenges of that service. As such it is my
understanding that the assessment of FRA is to recommend restoring
those to daily service as part of the recommendation, they intend to
make on for the Long-Distance Service Study as preferred routes. If
confirmed I commit to growing the national long-distance network not
just in the west but to work toward implementing all of the
recommendations on service and preferred routes form the study. This
includes the Cardinal. While the funding in IIJA is a tremendous step
up from previous levels it may not be sufficient given the long neglect
of growing the network. I look forward to working with Amtrak, the
administration and congress in identifying and working toward the level
of funding that may be needed for these improvements.

[all]