    [Senate Hearing 118-791]
    [From the U.S. Government Publishing Office]

                                                            S. Hrg. 118-791

                                   NOMINATION
                      TO THE FEDERAL MARITIME COMMISSION,
                     NATIONAL TRANSPORTATION SAFETY BOARD,
                       AND THE AMTRAK BOARD OF DIRECTORS

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

                                    HEARING

                                   before the

                             COMMITTEE ON COMMERCE,
                          SCIENCE, AND TRANSPORTATION
                              UNITED STATES SENATE

                        ONE HUNDRED EIGHTEENTH CONGRESS

                                 SECOND SESSION
                                   __________

                               SEPTEMBER 25, 2024
                                   __________

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

                    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

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

                                    ______

                       U.S. GOVERNMENT PUBLISHING OFFICE

    63-644 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
    PETER WELCH, Vermont                   Virginia
                                         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 25, 2024...............................     1
    Statement of Senator Cantwell....................................     1
    Statement of Senator Cruz........................................     3
    Statement of Senator Wicker......................................    75
    Statement of Senator Klobuchar...................................    77
    Statement of Senator Capito......................................    79
    Statement of Senator Sullivan....................................    84

                                   Witnesses

    Hon. Mitt Romney, U.S. Senator from Utah.........................     4
    Hon. Carl W. Bentzel, Nominee to be a Commissioner, Federal
      Maritime Commission............................................     5
        Prepared statement...........................................     7
        Biographical information.....................................     9
    Hon. Thomas B. Chapman, Nominee to be a Member, National
      Transportation Safety Board....................................    22
        Prepared statement...........................................    23
        Biographical information.....................................    24
    Lanhee J. Chen, Nominee to be a Director, Amtrak Board of
      Directors......................................................    57
        Prepared statement...........................................    59
        Biographical information.....................................    60

                                    Appendix

    Response to written questions submitted to Hon. Carl W. Bentzel
      by:
        Hon. Tammy Duckworth.........................................    87
        Hon. Ted Cruz................................................    87
        Hon. Dan Sullivan............................................    90
        Hon. Eric Schmitt............................................    91
    Response to written questions submitted to Hon Thomas B. Chapman
      by:
        Hon. Tammy Duckworth.........................................    91
        Hon. Amy Klobuchar...........................................    92
        Hon. Ted Cruz................................................    93
    Response to written questions submitted to Lanhee J. Chen by:
        Hon. Tammy Duckworth.........................................    95
        Hon. Eric Schmitt............................................    96

                                   NOMINATION
                      TO THE FEDERAL MARITIME COMMISSION,
                     NATIONAL TRANSPORTATION SAFETY BOARD,
                       AND THE AMTRAK BOARD OF DIRECTORS

                                  ----------

                         WEDNESDAY, SEPTEMBER 25, 2024

                                           U.S. Senate,
            Committee on Commerce, Science, and Transportation,
                                                        Washington, DC.
        The Committee met, pursuant to notice, at 10:02 a.m., in
    room SR-253, Russell Senate Office Building, Hon. Maria
    Cantwell, Chair of the Committee, presiding.
        Present: Senators Cantwell [presiding], Klobuchar, Peters,
    Tester, Cruz, Wicker, Fischer, Sullivan, Young, Schmitt, and
    Capito.

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

        The Chair. Good morning. The Senate Commerce Committee will
    come to order.
        We are here to consider three of the nominees for various
    positions. First, we have Carl W. Bentzel, who has been
    renominated as the Federal Maritime Commissioner. Mr. Bentzel
    is a Commerce Committee staff alum, having served as a Senior
    Democratic Counsel, spent four years with the House on the
    Merchant Marine and Fisheries Committee, and has served on the
    FMC since 2019, where he spent a great deal of time focused on
    the issues that we experienced through the COVID pandemic,
    obviously U.S. supply chain disruption, but more importantly,
    carriers who were leaving U.S. products on the dock and
    returning without our cargo.
        Mr. Bentzel has been very active in the Commission's
    efforts to increase transparency, awareness, and accountability
    for those involved in the maritime shipping supply chain and
    the impacts that we suffered under. Under the Shipping Act the
    Commission protects shippers and consumers from unfair and
    deceptive practices in the shipping industry.
        The COVID-19 pandemic exposed deep maritime supply chain
    resiliency challenges, and Congress responded in two important
    ways. To address the capital challenge, we had a historic $2.25
    billion in port infrastructure in the Bipartisan Infrastructure
    Law, and we passed the Ocean Shipping Reform Act, which
    provides the Commission with the tools they need to crack down
    on bad actors, protect American businesses and consumers. And
    we look forward to hearing from you on that continued important
    work on the Commission.
        Next, we have Tom Chapman, who has been nominated to serve
    as a Member of the National Transportation Safety Board, where
    he has been a Member since 2020. In his four years on the
    Board, Mr. Chapman has been a strong advocate for safety system
    approaches to everything from highway traffic safety, and has
    championed NTSB's research into preventing intoxicated driving
    and speeding-related deaths. Mr. Chapman is also a strong
    advocate for safety at highway grade crossings for rail
    workers, having lost his grandfather in a grade-crossing
    accident when he was younger.
        I am sorry for that loss, Mr. Chapman.
        I must note that Mr. Chapman also has roots here in the
    Committee, first working for Senator Nelson, and then on the
    Aviation Subcommittee for a time period before he went to NTSB.
    With more than four decades of experience in transportation-
    related matters, Mr. Chapman has served in roles at U.S.
    Airways, Southwest Airlines, and the Aircraft Owners and Pilots
    Association. He has also earned his own private pilot
    certificate, and I believe his background on aviation is
    critical to the ongoing Alaska Investigation. I believe that
    the NTSB's work has never been more important or more needed,
    East Palestine's Ohio rail derailment, or the Alaska issue, or
    the San Francisco Scott Key Bridge incident in Baltimore.
        So it is important that our Committee reauthorized the NTSB
    for another five years, given its highest funding authorization
    that it has received in decades, to have more investigators
    respond to emerging technology and continue its mission to save
    lives.
        The FAA authorization also directed the FAA to implement
    critical NTSB recommendations to strengthen aviation safety,
    including a new requirement to install a 25-hour cockpit voice
    recorder in commercial aircraft to help investigators at the
    NTSB, and also directing the FAA to adopt surface surveillance
    technology, ASDE-X, at every large and medium hub airport to
    reduce close calls across the country. We appreciate Mr.
    Chapman's tireless work on these issues in the NTSB
    investigations, and I am sure we will hear more about how to
    enhance safety, from Mr. Chapman.
        And last, but certainly not least, we have Mr. Lanhee J.
    Chen, who has been nominated to serve on Amtrak's Board of
    Directors. The Amtrak Board of Directors plays an important
    role in ensuring safety and quality service on our Nation's
    transportation system. I think we are here this morning as
    opposed to last week because I do not think we have the
    paperwork finished, and so that is why you were not included
    with some of the other colleagues.
        But including overseeing the historic investment in Amtrak
    in the Bipartisan Infrastructure Law, Mr. Chen has had a
    distinguished career in academia, public service, and the
    private sector. And from 2014 to 2018, he was confirmed by the
    Senate as a Member of the Social Security Advisory Board,
    previously serving as a senior official at the Department of
    Health and Human Services during the Bush administration.
        He has also served as Policy Director for Senator Mitt
    Romney's 2012 Presidential Campaign. Our colleague is here from
    Utah, I am sure, to give us some more words of wisdom on
    support of Mr. Chen. So we thank you for joining us today. And
    after I turn to my colleague, we will then turn to you for your
    remarks.
        But Amtrak is in the middle of one of the most significant
    transformation--transportation changes since its founding more
    than 50 years ago, with ridership on track to exceed pre-
    pandemic levels this year. As we said earlier this month, we
    are happy to consider the nominees who bring much-needed
    geographic diversity to the Board, and thanks to the advocacy
    of my colleagues from the West, like Senator Tester, on these
    issues, we are seeing that diversity.
        So I look forward to hearing from all of you. Thank you for
    your willingness to serve and come before the Committee. Now I
    will turn to Ranking Member Cruz for his opening remarks.

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

        Senator Cruz. Thank you, Madam Chair. This morning, we will
    hear from nominees to the Amtrak Board of Directors, the
    Federal Maritime Commission, and the National Transportation
    Safety Board, the (NTSB). The nominee to the Amtrak Board is
    Mr. Lanhee Chen. Mr. Chen received his J.D. and Ph.D. from
    Harvard and has deep experience in business, financial
    management, and policy.
        In addition to serving on the Boards of both private
    companies and nonprofits, he was nominated and confirmed by
    voice vote to the Social Security Advisory Board in 2014. Mr.
    Chen would be a strong addition to the Amtrak Board. Having a
    director with his acumen is particularly important as Amtrak
    examines service expansions and struggles to manage major
    capital projects effectively. I look forward to hearing more
    about his qualifications for this important post from Senator
    Romney, his former boss, and our colleague, who will be
    formally introducing him in just a moment.
        The Federal Maritime Commissioner, Carl Bentzel, will also
    appear before us today. Mr. Bentzel has been nominated for a
    second term on the Federal Maritime Commission, or the FMC. The
    FMC is the Federal agency charged with ensuring ocean
    transportation is competitive and abides by the Shipping Act,
    protecting both American consumers and shippers. Last Congress,
    Senators Thune and Klobuchar worked on legislation to
    reauthorize the FMC, the Ocean Shipping Reform Act of 2022. I
    look forward to hearing from Mr. Bentzel on the Commission's
    progress implementing that legislation, as well as his views on
    what may be next for the FMC.
        Mr. Bentzel's confirmation hearing is timely, as the U.S.
    teeters on the brink of the first union strike among East and
    Gulf Coast ports since 1977. As usual, the Biden-Harris
    administration seems to have been caught unaware of the
    potential for a strike and has shown little leadership in
    bringing the parties together to negotiate a deal and prevent a
    strike.
        Let us be clear about the potential consequences of a
    strike. A J.P. Morgan analysis, quoted in The New York Times
    yesterday, projected that a port strike could cost the American
    economy $5 billion per day. I hope the administration is able
    to avert that strike.
        While the FMC will not have a role in the negotiations
    themselves, the Commission issued a notice on Monday that it
    will continue to monitor transportation stakeholder practices
    for any violations of the Shipping Act as transportation
    providers and shippers look to move their goods.
        Finally, we will hear from Thomas Chapman, who has been
    nominated for a second term on the NTSB. The NTSB investigates
    transportation accidents and other incidents to identify their
    causes and to recommend safety improvements to prevent similar
    incidents in the future. The NTSB is not a regulator and has no
    power to mandate the adoption of its recommendations. But
    because of the NTSB's reputation for thorough and accurate
    investigations, the results of its investigations are well
    regarded around the world, and agencies and companies often
    implement NTSB recommendations, voluntarily.
        The NTSB also provides valuable information for Congress
    and Federal agencies to consider when developing transportation
    policy. Mr. Chapman has many years of experience working on
    aviation issues, including on staff to this very Committee.
    During his first term at the NTSB, Mr. Chapman increased his
    attention on roadway safety and recommended several changes to
    traffic policy. I agree that roadway safety is an important
    priority. According to the National Highway Traffic Safety
    Administration, there were almost 41,000 motor vehicle traffic
    fatalities last year. I look forward to hearing from Mr.
    Chapman on how we might reduce those numbers without burdensome
    regulations or reducing consumer choice.
        Thank you, Madam Chair.
        The Chair. Thank you, Senator Cruz. And before I turn to
    our colleague, Senator Romney; I just want to note that in the
    audience with us today is NTSB Chair, Jennifer Homendy. Thank
    you for being here. I am assuming in support of our nominee.
        We also have two FMC Commissioners, Commissioner Vekich and
    Senator--I mean, Commissioner Maffei, thank you for being here
    as well.
        Senator Romney, welcome to the Commerce Committee. We look
    forward to hearing your remarks.

                     STATEMENT OF HON. MITT ROMNEY,
                         U.S. SENATOR FROM UTAH

        Senator Romney. Thank you, Chair Cantwell, and thank you,
    Ranking Member Cruz. I have to admit that had I seen this
    hearing room before, I might have been very tempted to become a
    member of this Committee. It is a lot better than the ones I
    normally attend.
        I am delighted today to be able to introduce a friend of
    mine, a colleague, and someone I respect very deeply, Lanhee
    Chen. He has been an adviser for me for more than a decade, and
    I actually think he would be an excellent member of the Board
    of Directors of Amtrak.
        Obviously, Amtrak's Board is responsible for setting policy
    and overseeing management, and the strategic direction of
    Amtrak. And I cannot think of a person more intellectually and
    emotionally suited for a role of that nature than Lanhee Chen,
    because he is brilliant, because he is a man of integrity, and
    because his life experience shows that he has had a career that
    has spanned the government sector, the private sector, policy
    areas, and academia, really quite an extraordinary man.
        As you know, he is the son of Taiwanese immigrants, and he
    attended Harvard College, where he graduated magna cum laude in
    Government. Then he went on to get a Ph.D. in political science
    at Harvard University and get a law degree from Harvard Law
    School. It seems no other university would take him.
        [Laughter.]
        Senator Romney. Lanhee has served on the Board of both of
    my Presidential campaigns, and I entrusted him to spearhead the
    policy direction for my campaign, and to be my chief policy
    adviser. He did that without a partisan bent; he did that
    entirely based upon the intellectual capacity that he brought
    to the team, and offered superb advice.
        From 2014 to 2018, as Chair Cantwell has indicated, he was
    appointed by President Obama to serve as a member of the Social
    Security Advisory Board. He is currently the Director of
    Domestic Policy Studies, and a lecturer at Stanford University,
    as well as a fellow at the Hoover Institution. He lives in the
    Bay Area with his wife, Cynthia who, by the way, is brilliant
    in her own right. And they have two children. Lanhee Chen.
        The Chair. Thank you. Thank you, Senator Romney. I very
    much appreciate you in your busy schedule, coming here to
    advocate on behalf of Dr. Chen. So thank you.
        We will now turn to our nominees and witnesses. And we will
    start with you, Mr. Bentzel. Thank you for being here.

          STATEMENT OF HON. CARL W. BENTZEL, NOMINEE TO BE A
               COMMISSIONER, FEDERAL MARITIME COMMISSION

        Mr. Bentzel. Chair Cantwell, Ranking Member Cruz, Members
    of the Committee, good morning, and thank you for the
    opportunity to appear here to be considered for nomination as
    FMC Commissioner.
        I would ask your permission for my formal statement to be
    inserted in the record.
        The Chair. Without objection.
        Mr. Bentzel. I would like to recognize my Chairman, Dan
    Maffei, and Commissioner Vekich, and thank them for being here
    in support of my attendance. And most importantly, I want to
    recognize my wife, Suzanne Bentzel, whom I met and fell for
    while I was a staffer here in the Senate Commerce Committee. I
    would also like to----
        The Chair. Mark one down for the Commerce Committee.
        Mr. Bentzel. Finally, I would like to thank President Biden
    for renominating me. When I came before this Committee as a
    nominee 5 years ago, the world and the Federal Maritime
    Commission were in a different place. The pandemic had not yet
    gripped the country. The shipping industry, although essential
    to the Nation's economy, was invisible to the public eye. Then
    it wasn't.
        The earliest part of the pandemic resulted in reductions of
    over 20 percent of imports through our West Coast ports. By
    early summer, we swung to over 30 percent increases, a stunning
    change in demand. During the entirety of the pandemic, we saw
    27 percent increases in imported containers, and one percent
    increases of exports. The movement of enhanced cargo volumes
    was first stymied on the West Coast with a lack of intermodal
    chassis, and then by Chinese Government-controlled container
    manufacturers intentionally suppressing production of
    containers.
        Container shipping lines were ultimately forced to wait off
    the coast of the United States for one to two weeks over,
    essentially, what became a two-year period. The result of
    congestion and enhanced supply need were that spot shipping
    rates increased by factors of 10 to 15 times prior to the
    pandemic. And even more importantly, transits took more than
    three times longer.
        In my view, this was the single most important factor in
    driving inflationary costs. Congress, and specifically this
    Committee, responded to the shipping challenges by passing the
    Ocean Shipping Reform Act of 2022. And since that time, the
    Commission has been busy and engaged in the implementation of
    the Act.
        This summer, the Commission released final rules on
    detention and demurrage and refusals of service. In addition,
    the FMC has put in place a charge complaint process mandated
    through OSRA that allows shippers to file complaints and get
    streamlined resolution for shipper conflicts. Over $12 billion
    were assessed in detention and demurrage by ocean carriers and
    marine terminals over the course of the pandemic, some were
    justified, others were not.
        The FMC is challenged in accommodating the volume of legal
    cases and are currently processing more complaints than at any
    time in our history.
        The FMC is an independent Agency with specialized
    experience in international ocean liner transportation
    services. The Agency is charged with the responsibility of
    administering a law that, in addition to protecting the public
    from unfair practices, provides a focused antitrust regulatory
    regime tailored to factors affecting regularly scheduled
    international ocean shipping trade.
        For the sake of brevity, the FMC's objectives are to
    maintain an open, competitive, and reliable international ocean
    shipping system and to protect the shipping public from
    unlawful, unfair and deceptive ocean shipping practices. I did
    want to identify a few general policy areas that I believe will
    be important as the FMC moves to the future.
        The maritime industry is increasingly tied to the
    efficiencies of their intermodal partners in moving cargo
    through marine terminals and ports and onto the surface
    transportation modes. There are multiple players involved in
    port and maritime terminal management, and throughput
    infrastructure is often a shared venture. Fostering greater
    intermodal connectivity, while addressing societal,
    environmental, and quality-of-life challenges, will continue to
    be at the forefront of any new investments.
        Another area of potential concern, are impacts of
    consolidation. While I believe the ocean shipping market
    remains strongly competitive, I also recognize the need for
    continued vigilance. The U.S. Antitrust guidelines governing
    competition, used by the FMC, can be used to conclude that the
    international ocean liner industry market is very competitive.
    However, we need to continue to require greater scrutiny given
    the nationalization of some of the shipping lines, and the
    economic stakes that could be involved in potential market
    manipulation.
        I would be remiss if I did not mention one area of
    particular concern related to the overall health and long-term
    stability of the international shipping industry, and that is
    the concerted efforts by the People's Republic of China to
    secure market dominance in international shipping. The PRC has
    invested heavily to ensure that China will continue to dominate
    in multiple aspects of maritime trade as an instrument of its
    foreign policy. Chinese Government-controlled companies
    manufacture over 98 percent of the marine containers used in
    world trade, 80 percent of the intermodal shipping chassis used
    in trucking containers, 60 percent of the ships used in the
    international commercial fleet, and over 20 percent of our
    regularly scheduled ocean carrier service providers are
    government-controlled.
        In my view, this issue needs more attention than what we
    can do at the FMC, but it is an expanding risk.
        Chair Cantwell, and Ranking Member Cruz, I want to thank
    you and your staffs again for your courtesies. And I am pleased
    to answer any questions that you have.
        [The prepared statement and biographical information of Mr.
    Bentzel follow:]

     Prepared Statement of Carl W. Bentzel, Nominee to be a Commissioner,
                        U.S. Federal Maritime Commission
        Chair Cantwell, Ranking Member Cruz and members of the Committee,
    good morning and thank you for the opportunity to appear here before
    you today as a nominee to be Commissioner of the Federal Maritime
    Commission (FMC). I would also thank you both for the courtesies that
    your staff extended to me throughout the nomination process. I would
    like to recognize my Chairman, Dan Maffei and thank him for being here
    in supportive attendance. Most importantly, I would like to recognize
    my wife, Suzanne, who I met and fell for while working here on the
    Commerce Committee. Finally, I would like to thank President Biden for
    nominating me for a second term.
        When I came before this Committee, as a nominee, five years ago,
    the world and the Federal Maritime Commission were in a different
    place. The pandemic had not yet gripped the country. The shipping
    industry although essential to the Nation's economy was invisible to
    the public eye. Then it wasn't. The earliest part of the pandemic
    resulted in reductions of over 20 percent imports of containerized
    cargo through West Coast ports, and then by early summer swung to over
    30 percent increases, a stunning change in demand. During the entirety
    of the pandemic, we saw 27 percent increases of imported containers and
    1 percent increases of exports.
        Movement of enhanced cargo volumes were at first stymied on the
    West Coast with the lack intermodal chassis, and then by intentional
    suppression of container availability, as the Chinese government-
    controlled container manufacturers intentionally suppressed production.
    Container shipping lines ultimately were forced to wait off the U.S.
    coast for 1-2 weeks before berthing. The result of congestion and
    enhanced supply needs were that shipping rates were increased on the
    spot market by 10 to 15 times the rate prior to the pandemic, and
    transits took more than three times longer. In my view this was the
    most singularly important factor in driving inflationary cost.
        Congress and specifically this Committee, responded to the shipping
    challenges by passing the Ocean Shipping Reform Act of 2022, which the
    President signed into law on June 16, 2022. Since that time, the
    Commission has been busy and engaged in implementing OSRA-22. This
    summer the Commission released two final rules, on Detention and
    Demurrage and the second a rule on Refusal to Deal or to provide
    service.
        In addition, the FMC has put in place a charge complaint process,
    mandated through OSRA, that allows shippers to file complaints and get
    streamlined resolution to their shipping conflicts. This has been a
    revelation for smaller and larger shippers alike, especially exporters
    that do not have the financial resources to file large scale cases. It
    has also demanded that the ocean carriers come to the table and engage
    in conflict resolution. Over 12 billion dollars was assessed in
    detention and demurrage by ocean carriers and marine terminals over the
    course of the pandemic, while many of these penalties could be
    justified, others were unfairly assessed. The Federal Maritime
    Commission is currently stressed accommodating the volume of legal
    challenges to the evaluation of the reasonableness of penalty
    assessments. We are currently processing more complaints than any other
    time in our history.
        The FMC is an independent agency with specialized experience in the
    international ocean transportation industry. The agency is charged with
    the responsibility of administering a law that, in addition to
    protecting the public from unfair practices, provides a focused
    antitrust regulatory regime tailored to factors affecting regularly
    scheduled international ocean shipping trade. Under the Shipping Act of
    1984, as amended by the Ocean Shipping Reform Act of 1998, Congress
    found that collaborative joint venture agreements between and among
    ocean carriers and marine terminal operators may and can provide
    efficiencies and reduced costs that ultimately benefit U.S. importers
    and exporters and save the U.S. consumer money. The Commission's
    responsibility is to review agreements and determine that they do not
    unreasonably reduce competition or increase transportation costs. The
    FMC reviews and continues to actively monitor these joint
    collaborations and agreements under the Shipping Act to ensure that
    pro-competitive efficiencies and cost savings are obtained for the
    benefit of U.S. consumers.
        The FMC also engages in a variety of activities to protect the
    public from financial harm, including licensing, registration, and
    monitoring the practices of intermediaries and implementing financial
    bond requirements for over 6,000 ocean transportation intermediaries
    (OTI). Our statutes require the FMC to investigate and prosecute
    unreasonable or unjust practices or rules on private party complaints
    alleging Shipping Act violations. These activities contribute to the
    competitiveness, integrity, fairness, and efficiency of the Nation's
    import and export supply chains and the ocean transportation system.
        The FMC has authority under the Foreign Shipping Practices Act of
    1988, and Section 19 of the Merchant Marine Act, 1920 to evaluate the
    practices of foreign governments to determine whether they are
    unfavorable or discriminatory. The FMC is authorized to take certain
    actions in response to the discriminatory practices of foreign
    governments, after investigation and due process, to help address anti-
    competitive discriminatory foreign shipping practices. Finally, the FMC
    is required to impose certain additional protections with respect to
    foreign carriers that are operate under government control to ensure
    that they do not engage in predatory pricing practices.
        In sum, the FMC's objectives are to maintain an open, competitive
    reliable international ocean shipping system, and protect the shipping
    public from unlawful, unfair and deceptive ocean shipping practices.
        It is with great pleasure and honor that I was re-nominated for
    this position. In 1995, I was hired to work as a Senior Counsel for the
    Senate Committee on Commerce, Science and Transportation where I worked
    for Senators Hollings, Breaux and Inouye on maritime and surface
    transportations issues. During this time, we worked closely and on a
    bi-partisan basis with Senators Stevens and Lott to deregulate ocean
    shipping requirements to allow confidential shipping contracts, and to
    furnish the current regulatory structure governing international ocean
    liner shipping and FMC operations today. The Ocean Shipping Reform Act
    of 1998 was a landmark change in the way we regulate ocean shipping,
    where I believe we adequately balanced the need for a more competitive
    regulatory environment with a proper degree of oversight.
        My time spent as a staffer working for the Senate Commerce
    Committee was a work career highlight and gave me opportunities to
    learn more about the maritime industry than perhaps any other
    employment position. I have had the opportunity to experience
    firsthand, port and marine terminal operations, visit shipping lines to
    understand their logistics challenges, and garner a greater
    understanding of intermodal trucking and rail issues pertaining to
    services through our ports. I feel graced to have had this opportunity.
        While it would not be appropriate to comment on specific areas
    where the FMC is currently considering policy, I did want to identify a
    few general policy areas that I believe will be important for the FMC
    as the agency moves forward to the future.
        The maritime industry is increasingly tied to the efficiencies of
    their intermodal partners in moving cargo through marine terminals and
    ports and onto the surface transportation modes of trucking and rail.
    There are multiple players involved in port and maritime terminal
    management, and throughput infrastructure is often a shared venture.
    Freight volume increases, while providing economic benefit, also carry
    with it negative impact on surrounding community's environmental
    quality.
        Another area of potential concern are the impacts of consolidation.
    However, I believe that the ocean shipping market remains strongly
    competitive, but also recognize the need for continued vigilance. The
    U.S. antitrust guidelines governing competition utilized by the FMC in
    consideration of filed agreements generally can be used to conclude
    that the international ocean liner industry market is very competitive,
    but I believe that we need to continue to require greater scrutiny
    given the nationalization of some of the shipping lines, and the
    economic stakes that could be involved in potential market
    manipulation.
        I would be remiss if I did not mention some of the macro-supply
    chain challenges that are and will continue to stress the shipping
    industry and will cause competitive impacts and reduce efficiency of
    our supply chain.
        First, the People's Republic of China (PRC) has invested heavily to
    ensure that China will continue to dominate in multiple aspects of
    maritime trade as an instrument of foreign policy. Chinese government-
    controlled companies manufacture, conservatively, over 98 percent of
    the marine containers used in world trade, 80 percent of the intermodal
    shipping chassis used in trucking containers, 60 percent of the ships
    used in the international commercial trade. Over 20 percent of our
    regularly scheduled ocean carrier service providers are Chinese
    government controlled. We need to continually scrutinize this market
    for potential market abuse to protect against what has already been
    established as Chinese market dominance.
        Secondly, Red Sea shipping attacks on innocent merchant shipping
    and the effective closure of the Suez Canal are actions with
    international consequence, and I do not believe that the public
    understands the costs to world economies that we are already paying as
    result of international inaction. International will seems to be
    lacking. The Red Sea shipping route is an international maritime
    superhighway, could you imagine the reaction if a terrorist
    organization highjacked usage of I-95--but that's what is essentially
    happening.
        Finally, an International Maritime Organization (IMO) rule,
    commonly referred to as ``IMO 2050'', requires ocean carriers reach an
    enhanced common ambition to achieve net-zero GHG emissions from
    international shipping by or around, i.e., close to, 2050. While I
    believe that the target is attainable and support the target, I am
    concerned that implementation of the new requirements will shift the
    fuel used in maritime transportation from a single petroleum source to
    3 or 4 alternative fuels. We need further assessment to ensure that
    clean energy sourcing can occur, consistent with other societal
    protections and energy use obligations. Ultimately, the market will
    adjust to the new fuel requirements.
        Chair Cantwell and Ranking Member Cruz, if given the privilege of
    continuing to serve as a Federal Maritime Commissioner, I pledge to you
    that I will follow the statutory requirements of the law in an
    objective and unbiased basis. I also pledge to be fully responsive and
    engaged with any demand or request of this Committee as you discharge
    of your legislative and regulatory oversight of the FMC.
        I wish to thank you and your staffs once again, and I am pleased to
    answer any questions that you might have.
                                     ______

                          a. biographical information
        1. Name (Include any former names or nicknames used): Carl Whitney
    Bentzel.
        2. Position to which nominated: Commissioner, Federal Maritime
    Commission.
        3. Date of Nomination: July 11, 2024.
        4. Address (List current place of residence and office addresses):

            Residence: Information not released to the public.
            Federal Maritime Commission (FMC) (Office) Suite 1026, 800
            North Capitol St NW, Washington, DC 20573.

        5. Date and Place of Birth: 07/25/1963; Bethesda, MD.
        6. Provide the name, position, and place of employment for your
    spouse (if married) and the names and ages of your children (including
    stepchildren and children by a previous marriage).

            Spouse: Suzanne Marie Bentzel employed by the West Virginia
            University.
            Children--C.J. Bentzel (21),

        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.

            B.A. Degree (History), St. Lawrence University, 1985

            J.D. Degree, University of Alabama, 1989

            L.L.M. Degree in Admiralty Law, Tulane University, 1990

        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.

            Democrat Counsel for Maritime Policy, House Committee on
            Merchant Marine and Fisheries (1990-1994).

            Democrat Senior Counsel, Subcommittee on Surface Transportation
            and Merchant Marine, Senate Committee on Commerce, Science and
            Transportation (1995-2004).

            Vice President, DCI Group LLC (2004-2014). Partner, SB Capitol
            Solutions (2014-2016).

            Principal, Bentzel Strategies LLC (2016-2019).

            Commissioner, U.S. Federal Maritime Commission (2019 to
            present).

        9. Attach a copy of your resume.
        Attached at end of questionnaire.
        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.
        Not Applicable.
        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.
        List of entities for whom I consulted:

       Hydrogen Energy California LLC

       Specialized Carrier and Rigging Association

       American Roll-on Roll-off Carriers

       American Task Force Argentina

       CEMEX

       Exxon Mobil

       Great River Economic Development Foundation

       Owner-Operator Independent Drivers Association (OOIDA)

       Verizon

       Inspire STEM Coalition

       Intelligent Car Coalition

       DCI Group LLC

        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.

            Propeller Club of Washington DC (2008-2012, est.)

            Country Club at Woodmore (2004 to present)

            Both organizations do not discriminate.

        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.
        Not applicable.
        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.
        Not applicable.
        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.

            Joe Manchin ($2516)

            Cheri Bustos ($500)

            Rick Nolan ($500)

            Garret Graves ($1500)

            Sam Graves ($1000)

            Shelley Moore Capito ($250)

            Patrick McHenry ($500)

            Dan Lipinski ($500)

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

            Coast Guard's Medal for Meritorious Public Service
            Maritime Security Council's Man of the Year Award

        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.
        Prior to my position as Commissioner, I published the following
    materials related to my expertise in maritime shipping, transportation
    and energy, and have included access to these materials below.
    Book:
            McGraw-Hill's Handbook on Homeland Security, port security
            chapter, (chapter 36).
    Op-Eds:
       Security in U.S. ports is severely lagging 3/1/2006:
            https://maritime-executive.com/article/2006-03-01commentary-by-
            carl-benzel-on-dubai-por

       All of the Above Transportation Funding 3/17/2017:
            https://morningconsult.com/opinions/transportation-funding-its-
            all-of-the-above/

       Trump Should Reverse Obama-Era South Atlantic Oil and Gas
            Restrictions
            4/07/2017
            https://morningconsult.com/opinions/trump-reverse-obama-era-
            south-atlantic-oil-gas-restictions/

       It's Not About a Wall, but It Is All About Over, Under,
            Around, and Through 11/27/2017:
            https://morningconsult.com/opinions/its-not-about-a-wall-but-
            it-is-about-over-around-under-through/

        As Federal Maritime Commissioner I have issued the following two
    reports:

       Assessment of the People's Republic of China's Control of
            Container and Intermodal Chassis Report:
            https://www.fmc.gov/wpcontent/uploads/2022/03/
            ContainerandChassisManu-
            facturingFinalReport.pdf

       Maritime Transportation Data Initiative (MTDI) Views and
            Report:
            content/upioads/2023/04/MTDIReportandViews.pdf

        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.
        During the course of my close to fifteen-year work experience in
    both the House of Representatives and the Senate, I was asked on
    average about five times a year to provide legislative update speeches
    to groups involved in maritime and transportation policy. All speeches
    were given under the constraints of my professional obligations to the
    House and Senate Committees where I worked. All remarks that I made
    were made off of the cuff, and I do not have notes either. I have
    attached Internet access to all speeches and events that I could
    readily locate that discussed my comments.

            http://www.thebreakingnews.com/files/articles/
            ncorpcharlestontranscript.pdf. National Council on Readiness
            and Preparedness (port security on 11/30/2006)

            https://www.upi.com/Washington-Agenda-GeneraU627910216632l6/
            Center for Strategic and International Studies holds a program
            with U.S. Transportation Secretary Norman Mineta to discuss
            Post-9/11 Environment. (port security on 5/20/2002)

            http://www.tvworldwide.com/events/hdi/070307/ Border, Maritime
            and
            Transportation Security Conference (port security on 3/7/2007)

            https://m.marinelog.com/docs/MLEGMMIV/mle2MMIV2.html Marine Log
            Conference (maritime legislative update on 9/23/2004)

            https://www.truckinginfo.com/108276/in-the-end-truckers-costs-
            are-shippers-costs-too NIT League panel discussion (trucking
            driver shortage on 5/23/2012)

            http://www.island.lk/2004/07/05/busine06.html Washington Press
            Club
            Panel Discussion (port security on 5/7/2004)

        During the course of my close to five-year work experience on the
    Federal Maritime Commission, I was asked on average about three to five
    times a month to provide maritime policy and maritime regulatory policy
    update speeches to groups involved in maritime and transportation
    policy. All speeches were given under the constraints of my
    professional obligations as a Federal Maritime Commissioner. I have
    included my schedule of speaking events, however, most remarks that I
    made were made off of the cuff, I have attached any power point
    presentations that are still accessible as. I have attached Internet
    access to all speeches and events that I could readily locate that
    discussed my comments.
        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.
        Below is a list of speaking engagements to industry groups. The
    topics have typically been educating on the FMC mission, pandemic and
    supply chain disruptions, Ocean Shipping Reform Act of 2022 (OSRA-22)
    Maritime Transportation Data Initiative (MTDI) and general agency and
    industry updates. Many of my presentations had a standard power point
    document, prepared to provide structure to the discussion. I have
    linked these presentations with the speaking engagement whenever
    possible.

       January 8, 2020. Speaking Engagement Port of Houston. I
            accompanied a fellow Commissioner and provided general comments
            and background on myself as a new Commissioner. (Houston, TX).

       Sept 22, 2020. Charleston Maritime Exchange (1647 King
            Street St. Extension). No prepared remarks but provided
            comments on my background working with the S.C. delegation as a
            staffer for the Commerce Committee and to former Chairman
            Hollings. (Charleston, SC).

       October 22, 2020. U.S. Department of Commerce. Supply Chain
            Advisory Committee Meeting Inland Waterway)

       February 16, 2021. National Association of Waterfront
            Employers (NAWE) Keynote Presentation. NAWE

       February 18, 2021. American Association of Port Authorities
            (AAPA). Communications, Administration & Legal Issues Seminar--
            Carl Bentzel Recording Session (Detention and Demurrage)

       February 18, 2021, Agriculture Transportation Coalition.
            USDA Ag Shipper Workshop w/FMC Commissioners Bentzel and Maffei
            (No prepared remarks).

       February 22, 2021. The State of Shipping, featuring
            Commissioner Carl Bentzel of the Federal Maritime Commission
            National Association of Chemical Distributors (NACD)
            presentation and conversation with shipping industry subjects
            that may include the shipping delays, customer service, rate
            increases, port issues, and more.

       March 4, 2021. AAPA Anywhere: Winter Security Committee
            Meeting

       March 18, 2021. European Maritime Law Organization (EMLO)
            ``U.S. Maritime Policy Under the Biden Administration:
            Continuity or Change?'' The other panelists include Bill Doyle
            (port focus) and R. Adm. Mike Rodriguez.

       March 18, 2021. National Industrial Transportation League
            (NITL) Summit presentation (No prepared remarks)

       March 30, 2021. In Conversation with FMC's Commissioner Carl
            Bentzel--Demurrage and Detention & Managing Port Operations

       May 10, 2021. Institute of Scrap Recycling Industries Board
            meeting;

       May 12, 2021. Five California District Export Councils
            Virtual Meeting Virtual Capitol Summit (CalChamber--CA
            Legislative Issues Summit)

       June 3, 2021. TIA Airfreight & International Logistics
            Conference Quarterly Meeting Featuring Commissioner Bentzel,
            FMC

       June 24, 2021. American Trucking Association (ATA) IMCC
            Board Presentation regarding FMC priorities and discuss key
            motor carrier concerns.

       July 15, 2021. Steptoe Supply Chain University

       July 26, 2021. DISCUS Webinar on International Shipping with
            the Federal Maritime Commission (Join DISCUS for a conversation
            with Federal Maritime Commissioner Carl W. Bentzel to discuss
            FMC's role in addressing the various challenges facing
            importers and exporters, such as demurrage and detention
            practices, increased freight costs, container shortages, and
            port delays.

       August 11, 2021. NACD Board Meeting: (San Antonio TX)

       August 25, 2021. State of Shipping U.S. Exporters
            Competitive Maritime Council (ECMC)

       August 25, 2021. Commissioner Bentzel Meeting with Global
            Soy Trade Exchange and Specialty Grains Conference (St. Louis,
            MO)

       August 30, 2021. Roundtable, ``Build Back Better--the Supply
            Chain'' (Port of Oakland).

       September 1, 2021. Stakeholder Roundtable on Data
            Transparency with Commissioner Bentzel and Congressman
            Lowenthal Mario Cordero and Gene Seroka, 415 W. Ocean Blvd.,
            Long Beach, CA 90802 (No prepared remarks--this was a listening
            session).

       September 17, 2021. Tulane Maritime Law Society Virtual
            Presentation by Federal Maritime Commissioner--Carl Bentzel on
            Maritime Law Industry

       September 24, 2021. American Pyrotechnics Association Annual
            Convention (Keynote Speaker) San Antonio TX)

       September 28, 2021. American Automotive Leasing Association
            Annual Meeting (Keynote) Houston, TX)

       September 29, 2021. Breakbulk Conference Speech (Houston,
            TX).

       October 5, 2021. Cal Chamber (Zoom meeting re Port
            Congestion)

       October 13, 2021. NYSHEX Symposium (Washington DC)--General
            Remarks on the history of shipping act reauthorization bills
            (no prepared remarks).

       October 14, 2021--Private Railcar Food and Beverage
            Association Meeting--What's Going On With Ocean Freight?

       October 23, 2021--Wine and Spirits Shippers Association
            (WSSA) (Savanah, GA).

       November 8, 2021--International Chemical Trade Association
            (What's Going On With Ocean Freight?). (no prepared remarks).

       November 15, 2021. Port and Ocean Shipping Task Force
            Webinar (National Association of Manufacturers Port Task
            Force). (no prepared remarks).

       November 29, 2021. NTD News Business Interview with
            Commissioner Bentzel

       January 26, 2022. American Ship Brokers Association Annual
            General Meeting in NYC (Keynote Speaker)

       February 15, 2022. Keynote Speaker The National Association
            of Foreign-Trade Zones (NAFTZ) 2022 Legislative Summit
            (Washington, DC)

       February 25, 2022. Keynote Remarks Ecosystem of the American
            Maritime Industry (Teams)

       February 28, 2022. Trans-Pacific Maritime (TPM) Conference
            Speaking Engagement (with Peter Tirshwell) (Long Beach, CA).

       March 17, 2022. The National Association of Maritime
            Organizations (NAMO) (to speak on MTDI) (Washington, DC). (no
            prepared remarks).

       May 2, 2022. Intermodal Association of North America
            Education Session (Chicago, IL).

       May 10, 2022. AASHTO Water Transportation Council on the
            Assessment of the People's Republic of China's Control of
            Container and Intermodal Chassis Manufacturing Report (Zoom).

       May 14, 2022. Transportation Lawyers Association Annual
            Conference (Keynote) Williamsburg, VA

       May 15, 2022. World Ports Conference Talk on Maritime
            Transportation Data Initiative (MTDI) (Vancouver BC).

       June 7, 2022. Call with Retail Industry Leaders Assn
            (RILA)--member companies (BCOs)

       June 9, 2022. Maritime Trades Department speaking engagement
            (Philadelphia)

       June 15, 2022. USA Poultry & Egg Export Council Annual
            Meeting (Keynote) (TEAMS)

       July 11, 2022. Commissioner Bentzel Interview with Digital
            Container Shipping Association (DCSA).

       September 22, 2022. Chamber of Commerce's Transportation
            Infrastructure Logistics Committee

       September 30, 2022. Utah Chamber of Commerce (Washington DC)

       October 6, 2022. Lunch Keynote Speaker--Maritime Security
            Symposium (Navy League Event) (NY, NY).

       October 17, 2022. AAPA Legislative Policy Committee (LPC) on
            MTDI, Orlando, FL.

       November 3, 2022. NYSHEX Annual Conference Panel (MTDD (NY,
            NY).

       December 15, 2022. NAWE Annual Conference

       January 4, 2023. Specialty Soy and Grains Alliance Remarks
            (prerecorded).

       February 2, 2023. NY/NJ Foreign Freight Forwarders
            Association in Jersey City

       February 7, 2023. American Chemistry Council Board Rail,
            Transportation and Infrastructure Committee (no prepared
            remarks).

       February 15, 2023. Department of Commerce Supply Chain
            Advisory Committee (OSRA-22 Implementation) (no prepared
            remarks).

       February 27, 2023. TPM Keynote Discussion (OSHRA-22
            Implementation) (no prepared remarks). (Long Beach, CA).

       March 13-17, 2023. Ports of Antwerp and Rotterdam Europe
            Trip (Meeting with EU on MTDI and DCSA Standards Committee on
            MTDI)

         March 15th--Commissioner Bentzel MTDI Presentation to
                Digital Container Association Board of Directors,
                Amsterdam, Netherlands.

       April 5, 2023. Creating Standards for Port Optimization
            Systems--Port of the Future Conference (Houston, TX).

       April 18, 2023. Institute of Scrap Recycling Industries
            Convention & Exposition Maritime Transportation Data Initiative
            (MTDI Recommendation, Memphis, TN

       April 24, 2023. OMSA Membership and Board of Directors 2023
            Spring Conference (Washington, DC). (no prepared remarks).

       April 25, 2023. Construction Industry Supply Chain
            Roundtable (Washington, DC) (no prepared remarks).

       April 26, 2023. Cargomatic Fireside Chat (zoom)

       April 27, 2023. Chamber of Commerce Infrastructure Committee
            (Washington, DC). (no prepared remarks).

       May 16, 2023. Ocean Carrier Equipment Management Association
            (OCEMA) Lunch Speaker (Washington, DC). (no prepared remarks).

       May 23, 2023. Freight Buyers Club Interview (Mike King). (no
            prepared remarks).

       June 16, 2023. American Cotton Shippers Association
            (``ACSA'') Keynote, Park City, Utah

       September 11, 2023. NCBFAA Annual Government Affairs
            Conference (GAC) (Washington, DC)

       September 12, 2023. Global Shipping Crime Conference
            (USDOT). (no prepared remarks).

       October 5, 2023. Maritime Security Conference (NY, NY). (no
            prepared remarks).

       October 11, 2023. NITL Engage Conference--The Supply Chain
            Nexus: A Forward Thinking Conversation with FMC, STB and DOT
            (Columbus, OH).

       October 31, 2023. Houston International Maritime
            Conference--How OSRA Continues to Impact the Industry 2nd
            Annual Houston International (Houston, TX).

       November 1, 2023. ASTM--Maritime Transportation Data
            Initiative (MTDI Preliminary Recommendations And Next Steps

       November 3, 2023. NYSHEX Ocean Strategy Forum (NY, NY)

       November 7, 2023. Legal/Regulatory Hot Topics: A
            Conversation with Commissioner Bentzel (Health & Personal Care
            Logistics Conference) (Chicago)

       December 5, 2023. Harnessing and Harmonizing Data Through
            Information Sharing FMC Commissioner Carl W. Bentzel Smart
            Digital Ports of the Future Conference 2023--Halifax, Canada

       February 28, 2024. Supply Chain & Logistic Summit, PR
            Manufacturers Association (Keynote speaker) San Juan, Puerto
            Rico. (no prepared remarks).

       March 13, 2024. Illinois Trucking Association (Teams
            meeting). (no prepared remarks).

       March 27, 2024. Participant in Port of Gulfport, MS
            Roundtable (see linked agenda. No prepared remarks)

       May 1, 2024. Brief Remarks at ZEBOX (Arlington, VA) (no
            prepared remarks)

       May 14, 2024. Northwest Seaport Alliance-Peak Season
            Planning Conference presentation

       May 15, 2024. Expeditors State of the Industry, Key Note
            Presentation (Seattle, WA)

       May 22-23, 2024. Crossroads of the World Summit, Utah
            Chamber of Commerce Participant (no prepared remarks. Agenda
            linked)

       July 31, 2024. AgTC-USDA Ag Shipper Workshop: Federal
            Maritime Commissioner Carl Bentzel (No prepared remarks)

       August 19, 2024. National Shipper Advisory Committee--August
            2024 Meeting (No prepared remarks)

        During my term as an FMC Commissioner, I provided regular updates
    on Road Dog Trucking (channel 146) featuring Mark Willis (Road Dog
    News) and Dan Ronan (Transport Topics) on industry conditions and
    issues of the day. My remarks have been my own and not of the FMC. The
    general issues I have discussed over the past four years have been
    pandemic shipping and supply chain conditions, passage and deliberation
    of the Ocean Shipping Reform Act of 2022, the Maritime Transportation
    Data Initiative (MTDI); Detention and Demurrage (D&D). Below are the
    dates that I have appeared on Trucker Radio. The clips are only posted
    for three days after the appearance.

       February 13, 2020--Road Dog Trucking (channel 146) featuring
            Mark Willis

       May 7, 2020--Road Dog Trucking (channel 146) featuring Mark
            Willis

       May 12, 2020-Road Dog Trucking (channel 146) Dan Ronan--
            Transport Topics

       July 13, 2020--Road Dog Trucking (channel 146) featuring
            Mark Willis

       January 12, 2021--Road Dog Trucking (channel 146) Dan
            Ronan--Transport Topics

       March 15, 2021--Road Dog Trucking (channel 146) Dan Ronan--
            Transport Topics

       April 17, 2021--Road Dog Trucking (channel 146) featuring
            Mark Willis

       June 21, 2021--Road Dog Trucking (channel 146) featuring
            Mark Willis

       September 15, 2021--Road Dog Trucking (channel 146)
            featuring Mark Willis

       October 21, 2021--Road Dog Trucking (channel 146) featuring
            Mark Willis

       March 15, 2022--Road Dog Trucking (channel 146) Dan Ronan--
            Transport Topics

       June 6, 2022--Road Dog Trucking (channel 146) featuring Mark
            Willis

       June 21, 2022--Road Dog Trucking (channel 146) Dan Ronan--
            Transport Topics (Passage of OSRA-22)

       June 24, 2022--Road Dog Trucking (channel 146) featuring
            Mark Willis (Passage of OSRA-22)

       August 23, 2022--Road Dog Trucking (channel 146) Dan Ronan--
            Transport Topics

       October 11, 2022--Road Dog Trucking (channel 146) featuring
            Mark Willis

       December 19, 2022--Road Dog Trucking (channel 146) featuring
            Mark Willis

       May 8, 2023, Interview w/Dan Ronan on Dave Nemo Show
            (Trucker Radio-146)

       October 23, 2023--Road Dog Trucking (channel 146) featuring
            Mark Willis

       March 12, 2024--Road Dog Trucking (channel 146) featuring
            Mark Willis

       April 22, 2024--Road Dog Trucking (channel 146) featuring
            Mark Willis

       May 6, 2024--Road Dog Trucking (channel 146) featuring Mark
            Willis

       August 1, 2024--Road Dog Trucking (channel 146) featuring
            Mark Willis

        Additional Radio and TV appearances, news articles, and statements:

       January 23, 2020. FMC's newest commissioner dives into role

       October 7, 2020. Commissioner Bentzel Tours South Atlantic
            Ports

       December 06, 2021. FMC Commissioner Bentzel's grade on U.S.
            logistics system: D-plus

       January 28, 2021. Rural Radio Interview David Nelson
            Interview (Live)

       Feb 9, 2021. Commissioner Bentzel Interview with Brian
            Sullivan (NBC) Empty Containers

       March 9, 2021. Demurrage, Detention & Managing Port
            Operations: A Conversation with FMC's Commissioner Carl Bentzel

       May 11, 2021. Rural Radio on CA Port--export issues (live)

       June 15, 2021. Chairman Maffei and Commissioner Bentzel Tour
            the Port of New York and New Jersey, Meet with Stakeholders on
            Cargo Operations and FMC Enforcement Priorities

       September 16, 2021. Commissioner Bentzel hosts two
            roundtables in California, meets with Supply Chain Stakeholders
            and Federal and State Officials

       November 12, 2021. Letter of Commissioners Carl Bentzel and
            Louis Sola to Secretary Janet Yellen

       The Beacon Winter 2021 Online-OP/ED The Health of Our
            Maritime Industry Will Lead Our Economy Back

       November 18, 2021. Why Utah is positioned to move goods
            throughout the West and beyond Federal maritime commissioner
            docks in Utah to talk supply chain issues

       November 29, 2021. NTD Business Commissioner on New Plan to
            Improve Supply Chain Data Sharing

       December 8, 2021. Commissioner Bentzel Hosts Inaugural
            Meeting of FMC Data Initiative

       March 30, 2022. Statement by Commissioner Bentzel On the
            release of the Assessment of the People's Republic of China's
            Control of Container and Intermodal Chassis Manufacturing

       April 1, 2022. China's chassis, container role 'entrenched'
            by government: FMC's Bentzel

       April 5, 2022. Commissioner Bentzel Interview with John
            Gallagher (FreightWaves) on Data Initiative

       April 25,2022. What the Truck (12:02-12:10) (Radio
            Interview)

       May 20, 2022. Statement of Commissioner Bentzel Summarizinv;
            Remarks Delivered to the International Association of Ports and
            Harbors on the Maritime Transportation Data Initiative and the
            need for Continuing Engagement on National & Global Data
            Standards

       Aug 9, 2022. by The Maritime Executive Bentzel: Buildup of
            Empties at East Coast Ports Near ``Emergency Level''

       September 29, 2022. Statement by Commissioner Bentzel On
            Surface Transportation Board Testimony On Kansas City Southern
            and Canadian Pacific Merger

       October 18, 2022. FMC Commissioner Carl Bentzel Proposes
            Rule Emphasizing Transparency

       Decem her 1, 2022. Statement of Commissioner Carl Bentzel on
            Coalition for Reimagined Mobility Report: Solving the Global
            Supply Chain Crisis with Data Sharing

       December 7, 2022. Statement by Commissioners Bentzel and
            Sola Following Meetings with Gulf Coast Region

       December 8, 2022. Statement by Commissioners Bentzel and
            Vekich on Amending Statutes Governing Review of VOCC and MTO
            Agreements

       March 31, 2023. Statement of Commissioner Carl W. Bentzel On
            Meeting with the Digital Container Shipping Association (DCSA)
            Board of Directors Regarding a Data Standards Framework for
            International Container Shipping

       April 3, 2023. Commissioner Bentzel to release final
            recommendations relating to MTDI soon

       April 12, 2023. Statement of Commissioner Carl Bentzel
            Concerning the Uyghur Forced Labor Protection Act and Potential
            Supply Chain Disruptions

       May 2, 2023. FMC Commissioner Calls for Transparency in
            Shipping Industry

       August 23,2023. Statement of Commissioner Carl W. Bentzel on
            the Release of the Maritime Transportation Data Initiative
            (MTDD Request for Information (RFI)

       February 7, 2024. Opening Statement of Commissioner Carl
            Bentzel at Informal Hearing of the Federal Maritime Commission
            Examining Impacts to Shipping Resulting from Current Conditions
            in the Red Sea and Gulf of Aden Regions

       February 20, 2024. Statement of Commissioner Carl W. Bentzel
            on his IAMPE ``Port Perspectives'' Podcast Interview

       February 23, 2024. Statement of Commissioner Carl W. Bentzel
            on the Demurrage and Detention Billing Requirements Final Rule

       March 1, 2024--Can anyone crack China's monopoly on shipping
            containers?

       March 18, 2024--What the Truck?

       March 19, 2024--AAPA Commissioner's Seminar (No prepared
            remarks)

       April 2, 2024 Statement By Commissioner Carl W. Bentzel on
            the Puerto Rico Manufacturers Association's Inaugural Supply
            Chain & Logistic Summit

       April 16, 2024 Statement by Commissioner Carl W. Bentzel On
            The Release of the Second Request for Information for the
            Maritime Transportation Data Initiative

       April 22, 2024 Commissioner Carl Bentzel's call to action to
            supply chain stakeholders--2nd RFI

       April 23, 2024--Statement of Commissioner Carl W. Bentzel on
            Letter to President Biden on Suggested Relief for Impacted
            Workers and Companies Due to the Francis Scott Key Bridge
            Collapse

       June 4, 2024 By Land and By Sea podcast

       June 11, 2024 Statement of Commissioner Carl W. Bentzel on
            the Northwest Seaport Alliance Peak Planning Session
            participation and Expeditors Keynote speech

       July 26, 2024--Statement of Commissioner Carl W. Bentzel on
            The Refusal to Deal Final Rule

        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 usemame 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/carl-bentzel-2732all/

            Face book:
            https://www.facebook.com/people/Carl-Bentzel/100015626198312

            Twitter:
            https://twitter.com/cbentstrat1

        All accounts are mostly dormant except Linkedln, and none had an
    alias.
        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.
        Presidential Advisory Commission on Conferences in Ocean Shipping:
    4/1992. I participated as a Congressional Staff Advisor to a Commission
    advising the President as to potential regulatory changes to our system
    of regulating international ocean shipping. https://www.archives.gov/
    files/recordsmgmt/rcs/schedules/independent-agencies/rg-0220/nl-220-92-
    011_sfl_15.pdf
        Interagency Commission on Crime and Security in U.S. Seaports: Fall
    2000. I participated as a Congressional Staff Advisor to a Commission
    advising the President as to issues related to port security. https://
    www.hsdl.org/?abstract&did=437742
        The Coast Guard held a public meeting on 11/9/2012 to receive
    comments on the development of a Facility Security Officer training
    program, pursuant to the requirements of Section 821 of the Coast Guard
    Authorization Act of 2010 (Pub. L.111-281). I testified on behalf of
    the National Association of Waterfront Employers about the issues
    raised in this Federal Register Notice. (https://
    www.federalregister.gov/documents/2012/10/ll/2012-25055/facility-
    security-officer-training-requirements). I did not provide written
    testimony.
        United States Department of Energy, Quadrennial Energy Review,
    Public Stakeholder Meeting. I testified on a panel on Barge -Waterborne
    Transportation of Energy in the Inland Waterway, Across the Great
    Lakes, and Along Our Nation's Coasts (8/8/2014). https://
    www.enen?V.,i;ov/sites/prod/files/20l4/08/f18/
    transcript_chicago_ger.pdf
        United States Committee on Commerce, Science and Transportation. I
    testified and provided written testimony for my nomination as Federal
    Maritime Commissioner. https://www.commerce.senate.gov/2019/7/
    nominations-hearing Nomination Hearing July 24, 2019 (1:15.03)
        Hawaii Public Utilities Commission. In an individual capacity, I
    wrote a letter of testimony in Hawaii P.U.C. Docket No. 2020-0084,
    Emergency Investigative Proceeding Regarding Young Brothers L.L.C.
    Financial Condition, Order No. 374. PUC Case: 2020-0084 (site.com)
        United States Surface Transportation Board. I testified and
    provided testimony, on behalf of myself, in opposition to the Canadian
    Pacific--Kansas City Southern railroad merger. Docket No. FD_36500
    https://www.stb.gov/proceedings-actions/dockets-and-service-lists/
        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?
        During the course of my close to fifteen years of service as a
    staffer in both the House of Representatives and the Senate, I was the
    primary Democrat staffer assigned responsibility of overseeing the
    operations of the Federal Maritime Commission (FMC). I handled all
    oversight of their budget and operations functions, and considered
    issues related to any legislation.
        While a House staffer, I participated as a congressional advisor to
    a Presidentially appointed commission reviewing the functions of the
    FMC. While in the Senate, in 1996, I was the primary Democrat staffer
    involved in amending the organic legislative structure governing
    international ocean shipping. I believe that I have a deep and thorough
    knowledge in this area of policy, and I enjoy the continuing ability to
    learn in my role as Commissioner.
        The criticality of the maritime shipping network has become ever
    more salient to me during my time as a Federal Maritime Commissioner
    (FMC). After being appointed and confirmed in 2019 right before the
    pandemic took hold of the country, I systematically witnessed the
    impact our supply chain, ports, terminals and labor play on a daily
    basis. Starting with the toll COVID-19 took on the maritime workforce.
    I worked directly with the White House, MARAD and the Department of
    Health & Human Services to raise awareness and funding for access for
    testing early on in the pandemic and later for vaccinations for
    maritime workers. Coinciding with this effort, I worked with the
    Administration on the tremendous surges of cargo volumes through our
    ports.
        Throughout the pandemic I identified choke point challenges
    impacting our supply chain, starting with the realization of our
    Nation's reliance on the Chinese government control of manufacture of
    all international marine containers. I documented this policy failing
    in a report I issued in 2022. I then identified the need for
    harmonization of maritime operational information and data, after
    review of most all major seaport operations as a major impediment and
    cost to the economy, and in large part contributing to the costs of
    inflation. This initiative, started in 2022, was supported by the
    convening of eighteen public meetings on what has become the Maritime
    Transportation Data Initiative. This was followed up by a Final Report
    released last Spring, work continues on this important initiative. I am
    pleased throughout my tenure as a Commissioner to have worked openly
    and transparently with all members of Congress, the Administration and
    the shipping public.
        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 one of five commissioners serving the Federal
    Maritime Commission, I would have limited authority to manage the
    budget of the agency, as that is reserved for the Chairman of the
    Commission. However, I would have authority to manage the budget of the
    office of a commissioner, and I would pledge to manage the budget
    functions required of the Office of Commissioner in a fiscally prudent
    manner.
        The Chairman of the Federal Maritime Commission is required to
    consult with all Commissioners on major operational issues, and, if re-
    nominated, will continue to exercise a role in consultation. In
    addition, I meet at least annually to discuss proper management and
    fiscal controls with the FMC's Office of Inspector General.
        24. What do you believe to be the top three challenges facing the
    department/agency, and why?
        I think the three major challenges facing the FMC are: 1)
    increasing industry consolidation of international maritime shipping
    companies and what that means to the U.S. port and maritime service
    providers and U.S. shippers, 2) the challenges of helping to establish
    the proper regulatory environment to foster the challenge of
    transferring maritime shipments off to their modal railroad and
    trucking partners, importantly including harmonization of standards for
    maritime/intermodal shipping data and, 3) responding to the unique
    challenges posed to global commerce by political and force majeure
    issues impacting international shipping, such as merchant shipping
    attacks in the Red Sea, restrictions on Panama Canal usage, and efforts
    expended by the People's Republic of China to exert control over
    maritime trade.
                       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.
        Not Applicable.
        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.
        Not Applicable.
        3. Indicate any investments, obligations, liabilities, or other
    relationships which could involve potential conflicts of interest in
    the position to which you have been nominated. Explain how you will
    resolve each potential conflict of interest.
        In connection with the nomination process, I have consulted with
    the Office of Government Ethics and the agency's designated agency
    ethics official (DAEO) to identify potential conflicts of interest. Any
    potential conflicts of interest will be resolved in accordance with the
    terms of an ethics agreement that I have entered into with the DAEO and
    that has been provided to this Committee. I am not aware of any other
    potential conflicts of interest.
        All of the investments owned by myself, or my wife are in publicly
    available mutual funds.
        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.
        Not Applicable.
        5. Identify any other potential conflicts of interest and explain
    how you will resolve each potential conflict of interest.
        In connection with the nomination process, I have consulted with
    the Office of Government Ethics and the agency's designated agency
    ethics official (DAEO) to identify potential conflicts of interest. Any
    potential conflicts of interest will be resolved in accordance with the
    terms of an ethics agreement that I have entered into with the DAEO and
    that has been provided to this Committee. I am not aware of any other
    potential conflicts of interest. Commission's regulations and
    requirements governing conflicts of interest, and how they should be
    addressed. I will abide by any agency, or general government standards,
    governing 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.
        Prior to assumption of my current five-year service period as
    Federal Maritime Commissioner, I was involved in the business of
    representing clients and their interests in the execution of
    regulations and policies and legislation. During this five-year time
    frame, I was less involved in lobbying Congress directly on
    legislation, and more involved in issues at Federal agencies.
        Prior to the ten-year time frame and since transitioning from
    service as Senior Counsel on the Senate Committee on Commerce, Science
    and Transportation in 2004, I had been involved in consulting and
    lobbying for companies and Associations that were engaged in
    transportation, infrastructure development, energy or chemical
    regulation. I had also been involved on a more limited basis in
    lobbying and consulting on immigration and environmental policy.
                                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.

        Not Applicable.
        2. Have you ever been investigated, arrested, charged, or held by
    any Federal, State, or other law enforcement authority of any Federal,
    State, county, or municipal entity, other than for a minor traffic
    offense? If so, please explain.
        Yes, in 1990, after attending a college football game in
    Greenville, North Carolina, Pitt County. I was arrested and convicted
    of a DUI. I complied with the terms of my sentence, and since then,
    other than minor traffic violations have had no further legal issues.
        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.
        Yes. See Question #2 above.
        5. Have you ever been accused, formally or informally, of sexual
    harassment or discrimination on the basis of sex, race, religion, or
    any other basis? If so, please explain. No.
        6. Please advise the Committee of any additional information,
    favorable or unfavorable, which you feel should be disclosed in
    connection with your nomination.
        No further relevant information.
                         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 me1nbers 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.
                                     ______

                                Carl W. Bentzel
                         Federal Maritime Commissioner
    FMC Commissioner
    Commissioner
    December 2019 to Present

    Confinned by the Senate and sworn in on December 9. After the onset of
    the Pandemic, immediately went to work assessing the health of the
    maritime industry and supply chain. Worked to establish maritime labor
    as essential workers, streamlining prioritization for testing and
    vaccinations for workforce. Identified the fluidity of containers as
    chassis as key to a balanced supply chain and identifying in a
    nationally recognized report that close to 100 percent of maritime
    containers are manufactured in the PRC. Identified information and data
    sharing as a key component for freight fluidity. Convened 18 pubJic
    meetings with over 80 supply chain experts and issued a report on data
    availability and transmission of information. The result was a Final
    Recommendations and Views Repo11, released in April 2023 is currently
    pending further Commission action. Adjudicated maritime regulatory
    issues under the purview of the Federal Maritime Commission.
    Principal
    Bentzel Strategies L.L.C.
    August 2016-November 2019

    Established my own public policy consulting finn focused on policies
    related to transportation, energy and other areas off ederally
    regulated commercial and environmental law. Assess policy issues,
    provide strategic advice, represent client interests on Capitol HiJl
    and before foderal agencies, as well as helping clients develop third
    party alliances. Areas of focus included introducing myself to
    potential press opportunities in strategic areas of interest.
    Partner
    SB Capitol Solutions L.L.C.
    June 2014-August 2016

    Partnered with a smaller boutique public relations/lobbying shop
    centrally located on Capitol Hill, primarily focused on transportation
    issues. Helped to develop an active fundraising profile for the firm,
    and re-brand the company.
    Vice President
    DCI Group L.L.C.
    August 2004-June 2014

    Led the lobbying division for the DCI Group. DCI Group is one of the
    largest public relations/grassroots lobbying frrms in Washington D.C.,
    and I provided political and legislative insight to the firm's larger
    public relations efforts, as well as directly lobbying for DCI's
    clients, and those clients developed on my own. Participated in the
    creation and development of third-party coalitions. Worked to provide
    government relations services for Fortune 50 companies, associations
    and other entities. Focused on realizing the benefits of grassroots
    activism and third-party coalition building supporting policy
    initiatives on Capitol Hill or at Federal agencies.
    Senior Counsel
    Senate Committee on Commerce, Science and Transportation
    January 1995-August 2004

    Functioned as the primary legislative and policy counsel for the Senate
    Subcommittee on Surface Transportation and Merchant Marine. Explicitly
    assigned to provide legislative counsel and advice to Senators John
    Breaux and Daniel Inouye. Was engaged, in the negotiation and passage
    of all legislation on trucking, railroad, maritime, pipeline and
    hazardous materials transpo1tation legislation, as well as homeland
    security aspects of these modes of transportation. Spearheaded the
    Committee's efforts to pass national standards for port security, and
    an:international treaty on port security, and worked on organic
    homeland security legislation. Handled Committee issues requiring
    national security clearance.
    Counsel/Counsel for Maritime Policy
    House Committee on Merchant Marine and Fisheries
    August 1990-December 1994

    Hired to work as maritime counsel to work on implementation of the Oil
    Pollution Act of 1990, and to cover all issues related to international
    maritime shipping. After an internal Committee transition, was employed
    inanexpanded role to cover all issues relatedto maritime policy,
    including shipping and offshore oil and gas or other resource
    development.
    Education
    Bachelor of Arts (B.A.), St. Lawrence University, 1985
    Juris Doctor (J.D.), University of Alabama School of Law, 1989
    Master's degree in law (L.L.M.) in Admiralty Law, 1990
    Honors
    Coast Guard's Medal for Meritorious Public Service
    Maritime Security Council's Man of the Year Award
    Publications
    McGraw-Hill's Handbook on Homeland Security, pmt security chapter
    ``Assessment of P.R.C Control of Container and Intermodal Chassis
    Manufacturing.'' March 2022
    ''Final Recommendations on the Maritime Transportation Data System
    Requirements'' April 2023

        The Chair. Thank you, Mr. Bentzel, and we will definitely
    get to those very important FMC questions, and the Shipping
    Reform Act, and many other things.
        Mr. Chapman, welcome back, welcome back to the Committee.
        Mr. Chapman. Thank you. Thank you.
        The Chair. Thank you for your willingness to serve another
    term.

     STATEMENT OF HON. THOMAS B. CHAPMAN, NOMINEE TO BE A MEMBER,
                  NATIONAL TRANSPORTATION SAFETY BOARD

        Mr. Chapman. Chair Cantwell and Ranking Member Cruz, thank
    you very much for the opportunity to appear before you today. I
    am honored to be nominated by the President to serve a second
    term as a Member of the National Transportation Safety Board.
        I very much appreciate the support of NTSB Board Chair,
    Jennifer Homendy, who is here with us today. And I am grateful
    to my remarkable colleagues at NTSB for all they do to promote
    safety. My work as a board member has been a rewarding
    opportunity to apply my experience and skills in a role
    allowing me to give back through public service.
        Before proceeding, I want to say a few words about the two
    people most important to me, for an important reason I will
    explain, neither of them were able to accompany me today. My
    wife, Scotty O'Connell, is my partner, and my best friend, and
    she has been for these past 38 years. Scotty is currently in
    London with our amazing son, Patrick, helping him to settle
    into what the British call ``a flat''. Next week, Patrick
    begins his course of study in pursuit of a master's degree at
    the London School of Economics, and his old mom and dad could
    not be more proud.
        Madam Chair, my more than four decades of experience, most
    of it in the aviation industry, have prepared me well for the
    tasks I find so fulfilling at NTSB. Throughout my career, I
    have been deeply involved in an extensive range of issues,
    often playing a key role in identifying and negotiating
    resolutions. And in varying degrees, virtually every aspect of
    aviation involves considerations of safety. Consequently, an
    awareness and a sensitivity to a pervasive culture of safety is
    embedded in my professional approach.
        I have sought to bring that perspective to my work as a
    board member in pursuit of the critical safety mission of the
    NTSB. In addition to my experience, I bring at least two
    qualities to the position, which I believe are valuable.
        First, I benefit from an established reputation for
    collegiality and consensus-building. Second, I am committed to
    public service, and I believe that much is expected from those
    who are most fortunate.
        I am an aggressive advocate for the policy positions I am
    professionally obliged or personally committed to represent,
    however, I strive to demonstrate respect and appreciation for
    the views of those with whom I may disagree. And I believe in
    compromise. I take pride in crafting solutions that will
    accommodate, seemingly, conflicting points of view. Many of
    those I consider my most valued professional friends and
    associates are also those with whom I have most significantly
    clashed over past policy disputes.
        As for my commitment to service, I view it as a
    responsibility for those who are fortunate to have prospered
    from professional life in the private sector. Immediately prior
    to joining NTSB, I was privileged to serve for 6 years on the
    staff of the Senate Committee on Commerce, Science, and
    Transportation. In 2014, I left the airline industry and joined
    the Aviation Subcommittee staff in anticipation of the major
    legislative effort required to reauthorize the Federal Aviation
    Administration.
        Throughout my years with the Committee, I worked
    collaboratively with the bipartisan Senate team, and our
    efforts contributed to the passage of various significant
    legislative measures, including the FAA Extension, Safety, and
    Security Act of 2016, and the FAA Reauthorization Act of 2018.
        As an NTSB Board Member, I devote much of my attention to
    traffic safety because that is where our greatest safety
    challenges lie. I speak extensively on the Safe System approach
    to traffic safety, pedestrian safety, alcohol and drug
    impairment, and rail worker and highway-rail grade crossing
    hazards. I am especially active on key initiatives to address
    two stubbornly persistent challenges, that is alcohol-impaired
    driving and excessive speed.
        I am proud of the important public policy accomplishments
    to which I have contributed, as a former member of the Commerce
    Committee staff, and since joining the National Transportation
    Safety Board. I welcome the prospect of building on those
    efforts through additional service as a second-term member of
    the NTSB.
        That concludes my formal remarks. And I am happy to respond
    to questions.
        [The prepared statement and biographical information of Mr.
    Chapman follow:]

       Prepared Statement of Thomas B. Chapman, Nominee to be a Member,
                      National Transportation Safety Board
        Chair Cantwell and Ranking Member Cruz, thank you for the
    opportunity to appear before you today. I am honored to be nominated by
    the President to serve a second term as a Member of the National
    Transportation Safety Board. And I am grateful to my remarkable
    colleagues at NTSB for all they do to promote safety in transportation.
    My work as a Board Member has been a rewarding opportunity to apply my
    experience and skills in a role allowing me to give back through public
    service.
        Before proceeding, I want to say a few words about the two people
    most important to me. For an important reason I will explain, neither
    of them were able to accompany me today. My wife Scotty O'Connell is my
    partner and best friend, and she has been for these past 38 years.
    Scotty is currently in London with our amazing son Patrick, helping him
    to settle in to what the British call a ``flat.'' Next week, Patrick
    begins his course of study in pursuit of a Master's degree at the
    London School of Economics. His old Mom & Dad couldn't be more proud.
        Madam Chair, my more than four decades of experience, most of it in
    the aviation industry, have prepared me well for the tasks I find so
    fulfilling at NTSB. Throughout my career, I have been deeply involved
    in an extensive range of issues, often playing a key role in
    identifying and negotiating resolutions. In varying degrees, virtually
    every aspect of aviation involves considerations of safety.
    Consequently, an awareness and sensitivity to a pervasive culture of
    safety is imbedded in my professional approach. I have sought to bring
    that perspective to my work as a Board Member, in pursuit of the
    critical safety mission of the NTSB.
        In addition to my experience, I bring at least two qualities to the
    position which I believe are valuable. First, I benefit from an
    established reputation for collegiality and consensus building. Second,
    I am committed to public service and believe that much is expected from
    those who are most fortunate.
        I am an aggressive advocate for the policy positions I am
    professionally obliged or personally committed to represent. However, I
    strive to demonstrate respect and appreciation for the views of those
    with whom I may disagree. I believe in compromise, and I take pride in
    crafting solutions that will accommodate seemingly conflicting points
    of view. Many of those I consider my most valued professional friends
    and associates are also those with whom I have most significantly
    clashed over past policy disputes.
        As for my commitment to service, I view it as a responsibility for
    those who are fortunate to have prospered from professional life in the
    private sector. Immediately prior to joining NTSB, I was privileged to
    serve for six years on the staff of the Senate Committee on Commerce,
    Science, & Transportation. In 2014, I left the airline industry and
    joined the Aviation Subcommittee staff in anticipation of the major
    legislative effort required to reauthorize the Federal Aviation
    Administration. Throughout my years with the Committee, I worked
    collaboratively with the bipartisan Senate team. Our efforts
    contributed to passage of various significant legislative measures,
    including the FAA Extension, Safety, and Security Act of 2016 and the
    FAA Reauthorization Act of 2018.
        As an NTSB Board Member, I devote much of my attention to traffic
    safety, because that is where our greatest safety challenges lie. I
    speak extensively on the Safe System Approach to traffic safety,
    pedestrian safety, alcohol and drug impairment, and rail worker and
    highway-rail grade crossing hazards. I am especially active on key
    initiatives to address two stubbornly persistent challenges--alcohol
    impaired driving and excessive speed.
        I am proud of the important public policy accomplishments to which
    I have contributed as a former member of the Commerce Committee staff
    and since joining the National Transportation Safety Board. I welcome
    the prospect of building on those efforts through additional service as
    a second-term member of the National Transportation Safety Board.
        That concludes my formal remarks. I am happy to respond to
    questions.
                                     ______

                          a. biographical information
        1. Name (Include any former names or nicknames used): Thomas B.
    Chapman.
        2. Position to which nominated: Board Member, National
    Transportation Safety Board.
        3. Date ofNomination: July 31, 2024.
        4. Address (List current place ofresidence and office addresses):

            Residence: Information not released to the public.
            Office: National Transportation Safety Board, 490 L'Enfant
            Plaza, Washington, DC 20594.

        5. Date and Place of Birth: December 18, 1954; Denver, Colorado.
        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).

       Married January 25, 1986, to Mary Scott O'Connell
            (``Scotty''). My wife retired in 2015 from the National Air &
            Space Museum. She was with the Smithsonian Institution for 25
            years, nearly all of it at the Air & Space Museum.

       Proud parents of Patrick Thomas O'Connell Chapman, born May
            31, 2002. Currently pursuing a Master's degree at the London
            School of Economics. (Age 22)

        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.

            American University Washington College of Law, Washington, D.C.
            Attended September 1979 through May 1982.
            Juris Doctor, May 1982.
            Admitted to the practice of law in Washington, D.C. and
            Maryland.

            C.W. Post College, Greenvale, N.Y.
            Attended September 1973 through May 1978.
            Bachelor of Fine Arts in Music, May 1978.
            Full participant in Honors Program.
            Areas of concentration: political science, literature, and
            education.

        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.

            Board Member
            National Transportation Safety Board
            January 2020 to Present.
            Serve as the 46th Member of the National Transportation Safety
            Board.

            Counsel
            Senate Subcommittee on Aviation Operations, Safety, & Security
            Committee on Commerce, Science, & Transportation
            Senator Bill Nelson, Ranking Member
            July 2014 to January 2020.
            Joined Aviation Subcommittee staff in anticipation of
            legislative effort to reauthorize the Federal Aviation
            Administration. Worked collaboratively with bipartisan Senate
            team throughout the 114th Congress to develop comprehensive FAA
            Reauthorization bill passed by the Senate in April of 2016.
            Subsequent negotiations with the House culminated in the FAA
            Extension, Safety, and Security Act of 2016, passed by Congress
            in July of 2016. Efforts to agree on long-term, comprehensive
            legislation continued in the 115th Congress, resulting in
            passage of the FAA Reauthorization Act of 2018, signed into law
            October 5, 2018. The five-year package negotiated on a
            bipartisan basis ensured long-term stability and various
            important reforms of the FAA. It also reauthorized and reformed
            the Transportation Security Administration and the National
            Transportation Safety Board.

            Vice President for Government Affairs
            US Airways, Washington, D.C.
            October 2006 to January 2014.
            Recruited to manage Washington, D.C. office for the ``new''
            U.S. Airways. Newly established company resulted from 2005
            merger of former U.S. Airways and America West Airlines. Served
            as primary Washington representative on legislative matters and
            contributed significantly to Federal regulatory work and
            dealing with news media on government affairs matters. During
            tenure, launched enhanced internal fundraising campaign for US
            Airways Political Action Committee, doubling the rate of
            employee participation and tripling PAC financial resources.
            Heavily involved in developing and implementing government
            affairs strategies promoting industry consolidation--a company
            priority. Efforts to promote consolidation helped build
            foundation for successful agreement merging U.S. Airways and
            American Airlines, creating the world's largest airline.

            Legislative Counsel
            Southwest Airlines Co., Washington, D.C.
            January 1998 to October 2006.
            Recruited to establish and manage new Washington, D.C. office
            to represent Southwest Airlines. Establishment of full-time
            Washington office significantly enhanced the effectiveness of
            the Company's government affairs efforts. Served as primary
            Washington representative on legislative and regulatory
            matters. Frequently called upon to represent the Company in
            state and local government affairs arena, particularly in the
            airline's newer east coast destination cities. Helped organize
            and launch the Company's first ever PAC, the Southwest Airlines
            Freedom Fund. Dealt with news media on government affairs
            matters.

            Senior Vice President for Government & Technical Affairs
            Aircraft Owners & Pilots Association, Washington, D.C.
            December 1996 to January 1998.
            Promoted to direct all federal, state, and local government
            affairs activities for AOPA--a major national association
            representing interests of over 340,000 members. Managed full-
            time professional staff of eighteen in AOPA's Washington, D.C.
            and Frederick, Maryland offices. Also managed state and local
            activities of twelve Regional Representatives. AOPA's
            government affairs program often cited as among the most active
            of all national membership associations.

            Vice President & Legislative Counsel
            Aircraft Owners & Pilots Association, Washington, D.C.
            November 1988 to December 1996.
            Promoted to direct Federal and state legislative programs and
            PAC for AOPA. Managed staff of six in AOPA's Office of
            Legislative Affairs. During tenure, substantially increased
            effectiveness and organization of AOPA's legislative programs.
            Increased PAC fund-raising capability to secure it solidly
            among 50 largest PACs in the United States.

            State Legislative Counsel
            Aircraft Owners & Pilots Association, Washington, D.C.
            June 1985 to November 1988.
            Promoted to expand and direct AOPA's state legislative program.
            Coordinated state legislative activities of twelve Regional
            Representatives.

            Associate Counsel, Office of the General Counsel
            Aircraft Owners & Pilots Association, Washington, D.C.
            May 1982 to June 1985.
            Established and coordinated successful state legislative
            program for AOPA. Drafted or reviewed all Association contracts
            and participated heavily in contract negotiations. Responsible
            for all trademark and copyright issues. Gained experience in
            broad spectrum of corporate legal matters.

        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.
        None to report.
        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.
        None to report other than those listed in response to Question No.
    8, above.
        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.
        Member of the 116 Club, a private lunch club located at 234 3rd
    Street, NE, in Washington, DC. Member since 2012.
        I have never been a member of nor have I associated with any club
    or organization which discriminates on the basis of sex, race, color,
    religion, national origin, age, or disability.
        13. Have you ever been a candidate for and/or held a public office
    (elected, non-elected, or appointed)? If so, indicate whether any
    campaign has any outstanding debt, the amount, and whether you are
    personally liable for that debt. No.
        14. List all memberships and offices held with and services
    rendered to, whether compensated or not, any political party or
    election committee within the past ten years. If you have held a paid
    position or served in a formal or official advisory position (whether
    compensated or not) in a political campaign within the past ten years,
    identify the particulars of the campaign, including the candidate, year
    of the campaign, and your title and responsibilities.
        None to report.
        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 to report.
        16. List all scholarships, fellowships, honorary degrees, honorary
    society memberships, military medals, and any other special recognition
    for outstanding service or achievements.
        Recognized by the ARC of Frederick County, Maryland for voluntary
    fundraising efforts in support of the organization's programs to help
    people with developmental disabilities.
        Recognized by both the National Parks Service and the Federal
    Aviation Administration for efforts as one of nine members appointed by
    the Clinton Administration to serve on the National Park Overflights
    Working Group. Over a two-year period, the Working Group successfully
    forged a compromise that formed a solid foundation for the FAA to
    develop reasonable regulations applying to scenic air tours over
    National Parks.
        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.
        I am providing a link to the page on the NTSB website which lists
    each of the blogs and podcasts I have generated during my time as a
    member of the National Transportation Safety Board--
        Blogs & Podcasts: https://safetycompass.wordpress.com/thomas-
    chapman/
        Prior to my term at NTSB. Through Internet research and a review of
    my personal files, I was able to identify several articles published in
    my name. In a separate file, I am providing a digital copy of each
    article listed below.
        Additional articles were likely published in my name, especially
    during my tenure on the staff of the Aircraft Owners & Pilots
    Association. However, I no longer have access to that material, nor was
    I able to identify other publications in the course of my research.

       ``Daschle is right about duplicate checks,'' Sioux Falls
            Argus-Leader, June 3, 1995.

       ``Election `94--Aviation's Political Spectrum,'' AOPA Pilot
            Magazine, February 1, 1994.

       ``Capitol Dispatch,'' AOPA Pilot Magazine, February 1992.

       ``Taxing Struggles: Legislative Update--1991,'' AOPA Pilot
            Magazine, February 1991.

       ``State Affairs: 1987 in Review,'' AOPA Pilot Magazine,
            January 1988.

        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.
        I am providing a link to the page on the NTSB website which lists
    each of the speeches I have delivered during my time as a member of the
    National Transportation Safety Board--

            Speeches:
            https://www.ntsb.gov/Advocacy/Activities/Pages/
            activities.aspx?BoardMember
            Name=Thomas%20B.%20Chapman

        I delivered few formal speeches during my career prior to becoming
    an NTSB Board Member. I no longer have copies of those speeches, nor
    was I able to find them via online searches. During those years, I
    participated in significant numbers of panel discussions, conferences,
    and question-and-answer sessions. The instances during which I
    participated in such events are too numerous to recall.
        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.
        As an NTSB Board member, it is my responsibility to participate in
    formal Board meetings at which final accident investigation reports are
    discussed and adopted or at which key evidence is sought relevant to a
    pending investigation. Likewise, I regularly participate in and often
    serve as the host for safety advocacy events sponsored by NTSB. I have
    also recorded several public service announcements advocating NTSB's
    position on key safety priorities. Finally, when I ``launch'' with our
    investigators to the scene of a major transportation accident, an
    important part of my role is to serve as the agency spokesperson in
    media briefings conducted during the first few days of the
    investigation.
        These appearances are typically captured on video, and NTSB
    maintains a YouTube channel on which most or all have been posted for
    later viewing.
        I am providing a link to the NTSB YouTube channel: https://
    www.youtube.com/user/NTSBgov
        In the wake of these video appearances, Board members are often
    quoted in print media reporting on the topics discussed. This is
    especially the case when I or a fellow Board member conduct a media
    briefing in the early stages of an NTSB investigation of a major
    transportation accident. Such instances are generally numerous and
    difficult to track. For that reason, I am unable to provide a list of
    news articles in which I have been quoted or radio or TV reports which
    have included my recorded remarks.
        Prior to my term at NTSB. For the period prior to my term at NTSB,
    through Internet research and a review of my personal files, I was
    unable to identify any other relevant public statements I made during
    the past ten years.
        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.

            @tbchapman01
            https://www.instagram.com/tbchapman01/

        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 am providing a link to the page on the NTSB website which lists
    all of the congressional and state legislative testimony I have
    delivered during my time as a member of the National Transportation
    Safety Board--

            Testimony:
            https://www.ntsb.gov/news/Testimony/Pages/
            testimony.aspx?BoardMember
            Name=Thomas%20B.%20Chapman

        Prior to my term at NTSB. I testified before the Senate Commerce
    Committee at my first confirmation hearing on December 11, 2019.
        To the best of my recollection, I testified before Congress on two
    previous occasions--both prior to 1998, while I was still employed by
    the Aircraft Owners & Pilots Association.
        I represented AOPA at a hearing before the Aviation Subcommittee of
    the House Committee on Public Works & Transportation. I testified
    regarding the impact of the so-called Wright Amendment, which limited
    flights out of Dallas Love Field in the State of Texas. I also
    represented AOPA at a hearing of the Senate Transportation
    Appropriations Subcommittee and testified regarding funding priorities
    for the coming Fiscal Year.
        Despite efforts to identify the details, I am unable to reference
    the precise dates on which these hearings took place.
        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 am honored to be nominated to serve a second term as a Member of
    the National Transportation Safety Board. My work as a Board Member has
    been a rewarding opportunity to apply my experience and skills in a
    role allowing me to give back through public service.
        My more than four decades of experience, most of it in the aviation
    industry, have prepared me well for the task. Throughout my career, I
    have been deeply involved in an extensive range of issues, often
    playing a key role in identifying and negotiating resolutions. In
    varying degrees, virtually every aspect of aviation involves
    considerations of safety. Consequently, an awareness and sensitivity to
    a pervasive culture of safety is imbedded in my professional approach.
    I have sought to bring that perspective to my work as a Board Member,
    in pursuit of the critical safety mission of the NTSB.
        In addition to my experience, I bring at least two qualities to the
    position which I believe are valuable. First, I benefit from an
    established reputation for collegiality and consensus building. Second,
    I am committed to public service and believe that much is expected from
    those who are most fortunate.
        Immediately prior to joining NTSB, I was privileged to serve for
    six years on the staff of the Senate Committee on Commerce, Science, &
    Transportation. Throughout my years with the Committee, I worked
    collaboratively with the bipartisan Senate team. Our efforts
    contributed to passage of various significant legislative measures,
    including the FAA Extension, Safety, and Security Act of 2016 and the
    FAA Reauthorization Act of 2018.
        As an NTSB Board Member, I devote much of my attention to traffic
    safety, because that is where our greatest safety challenges lie. I am
    especially active on key initiatives to address two stubbornly
    persistent challenges--alcohol impaired driving and excessive speed.
        I am proud of the important accomplishments to which I have
    contributed as a member of the Commerce Committee staff and since
    joining the National Transportation Safety Board. I welcome the
    prospect of building on those efforts through additional public service
    as a second-term member of the National Transportation Safety Board.
        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, I will continue to work collaboratively with the
    Chairman, my fellow Board Members, and the staff of NTSB to ensure the
    limited resources available to the agency are targeted efficiently and
    appropriately to fulfill the NTSB's legislative mandate and to achieve
    its priority objectives. As I understand those objectives, they include
    serving as a global leader in conducting independent accident
    investigations, promoting transportation safety through creation of
    relevant materials and products, stakeholder engagement in the
    advancement of transportation safety, and promoting NTSB staff
    involvement and innovation to ensure effectiveness of the agency.
        My experience as an executive for three large entities has prepared
    me well for a leadership role at NTSB. I am familiar and experienced
    with budgeting and cost control practices, having been responsible for
    developing and managing budgets for the various departments I have led
    throughout my career. Likewise, I have managed teams involving
    significant numbers of employees, focusing on establishment and
    fulfillment of team objectives, response and adaptation to changing
    circumstances, and growth and development of individual team members.
        I look forward to applying my management experience and skills to
    help ensure the continuing success and effectiveness of the world's
    premier transportation safety agency.
        24. What do you believe to be the top three challenges facing the
    department/agency, and why?
        My views regarding the top challenges facing NTSB have remained
    consistent since I was first nominated to serve as a Board member in
    2019. With the benefit of my several years of tenured service, I
    believe the agency is responding appropriately to meeting these
    challenges:

        Autonomous vehicles & new technology. Advances in automation and
    the development of autonomous vehicles hold great promise for enhancing
    transportation safety. However, these advances present new questions
    and challenges--some of which will be difficult to anticipate. NTSB
    must keep pace with the rapid changes. It must ensure that appropriate
    staff expertise is maintained and that appropriate tools and technical
    skills are available or developed to meet the challenge.
        Keeping pace with demand. NTSB's reputation as the world's premier
    transportation safety agency is well deserved. With such a reputation
    comes high expectations, and meeting those expectations in a timely
    fashion is ever more important. The resources available to the agency
    are limited and may become more so. The agency has performed admirably
    in ensuring that resources are targeted effectively. Maintaining that
    discipline will remain essential.
        Maintaining & developing staff. NTSB staff are renowned for their
    skill and expertise. The work of the agency is highly dependent on the
    dedication and unique abilities of its employees. Recruiting and
    retaining skilled team members is a challenge for any government
    agency, and particularly for one such as NTSB which requires such
    unique skillsets.
        Key to success in this area is ensuring the well-regarded culture
    and work environment of the agency is maintained.
                       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.
        Pursuant to an Executive Change in Control & Severance Benefits
    Agreement with U.S. Airways Group, Inc. & U.S. Airways, Inc., my family
    and I receive lifetime flight privileges on American Airlines.
        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.
        None to report.
        3. Indicate any investments, obligations, liabilities, or other
    relationships which could involve potential conflicts of interest in
    the position to which you have been nominated. Explain how you will
    resolve each potential conflict of interest.
        In connection with the nomination process, I have consulted with
    the Office of Government Ethics and the NTSB's DAEO to identify
    potential conflicts of interest. I agreed to take those actions that
    are outlined in the letter to the DAEO. A copy is enclosed. These
    commitments constitute my ethics agreement as identified in the ethics
    regulations.
        4. Describe any business relationship, dealing, or financial
    transaction which you have had during the last ten years, whether for
    yourself, on behalf of a client, or acting as an agent, that could in
    any way constitute or result in a possible conflict of interest in the
    position to which you have been nominated. Explain how you will resolve
    each potential conflict of interest.
        In connection with the nomination process, I have consulted with
    the Office of Government Ethics and the National Transportation Safety
    Board's DAEO to identify potential conflicts of interest. I agreed to
    take those actions that are outlined in a letter to the DAEO. A copy is
    enclosed.
        These commitments constitute my ethics agreement as identified in
    the ethics regulations. I am not aware of any other potential conflicts
    of interest.
        5. Identify any other potential conflicts of interest, and explain
    how you will resolve each potential conflict of interest.
        In connection with the nomination process, I have consulted with
    the Office of Government Ethics and the NTSB's DAEO to identify
    potential conflicts of interest. Any potential conflicts of interest
    will be resolved in accordance with the terms of an ethics agreement
    that I have entered into with the NTSB's DAEO and that has been
    provided to this Committee. I am not aware of any other potential
    conflicts of interest.
        6. Describe any activity during the past ten years, including the
    names of clients represented, in which you have been engaged for the
    purpose of directly or indirectly influencing the passage, defeat, or
    modification of any legislation or affecting the administration and
    execution of law or public policy.

       From July 2014 to January 2020, served continuously as
            Counsel to the Senate Subcommittee on Aviation Operations,
            Safety, & Security.

       From January 2020 to the present, have served continuously
            as a Member of the National Transportation Safety Board.
                                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.
        I have not personally been a party to or otherwise involved in any
    administrative agency proceeding, criminal proceeding, or civil
    litigation. Each of the private sector organizations which has employed
    me during my professional career was involved in business related
    litigation typical of any large and sophisticated corporate entity.
    While I was often aware of such proceedings, I was never a party in
    interest nor did I actively participate in the litigation.
        4. Have you ever been convicted (including pleas of guilty or nolo
    contendere) of any criminal violation other than a minor traffic
    offense? If so, please explain. No.
        5. Have you ever been accused, formally or informally, of sexual
    harassment or discrimination on the basis of sex, race, religion, or
    any other basis? If so, please explain. No.
        6. Please advise the Committee of any additional information,
    favorable or unfavorable, which you feel should be disclosed in
    connection with your nomination.
        None to report.
                         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.
                                     ______

                               THOMAS B. CHAPMAN
                              PROFESSIONAL IDSTORY
    Board Member
    National Transportation Safety Board
    January 2020 to Present
    Serves as the 46th Member of the National Transpo1iation Safety Board.
    Speaks extensively on the Safe System Approach to traffic safety,
    pedestrian safety, alcohol and drng impai1ment, and rail worker and
    highway-rail grade crossing hazards. Active on key initiatives to
    address two stubbornly persistent safety challenges--alcohol impaired
    driving and excessive speed. Leading advocate for requi1ing all new
    vehicles be equipped with passive vehicle-integrated alcohol impaiiment
    detection systems or advanced driver monitoring systems capable of
    detecting driver impai1ment by alcohol. Regularly promotes NTSB's
    recommendation that states establish a per se Blood Alcohol
    Concentration limit of .05 or lower. Also advocates requii·ing
    all new vehicles be equipped with Intelligent Speed Assistance systems
    that, at a minimum, warn the driver when the vehicle exceeds the speed
    limit.

    Counsel
    Senate Subcommittee on Aviation Operations, Safety, & Security
    Committee on Commerce, Science, & Transportation
    Senator Bill Nelson, Ranking Member
    July 2014 to January 2020.
    Joined Aviation Subcommittee staff in anticipation of legislative
    effort to reauthorize the Federal Aviation Administration. Worked
    collaboratively with bipa1iisan Senate team throughout the 114th
    Congress to develop comprehensive FAA Reauthorization bill passed by
    the Senate in April of 2016. Subsequent negotiations with the House
    culminated in the FAA Extension, Safety, and Security Act of 2016,
    passed by Congress in July of 2016. Efforts to agree on long-te1m,
    comprehensive legislation continued in the 115th Congress, resulting in
    passage of the FAA Reauthorization Act of 2018, signed into law October
    5, 2018. The five-year package negotiated on a bipa1iisan basis ensured
    long-te1m stability and various impo1iant refo1ms ofthe FAA. It also
    reauthorized and refonned the Transpo1iation Security Administration
    and the National Transportation Safety Board.

    Vice President for Government Affairs
    US Airways, Washington, D.C.
    October 2006 to January 2014.
    Recruited to manage Washington, D.C. office for the ``new'' U.S.
    Airways. Newly established company resulted from 2005 merger of former
    U.S. Airways and America West Airlines. Served as primary Washington
    representative on legislative matters and contributed significantly to
    Federal regulatory work and dealing with news media on government
    affairs matters. During tenure, launched enhanced internal fundraising
    campaign for US Airways Political Action Committee, doubling the rate
    of employee participation and tripling PAC financial resources. Heavily
    involved in developing and implementing government affairs strategies
    promoting industry consolidation--a company priority. Efforts to
    promote consolidation helped build foundation for successful agreement
    merging U.S. Airways and American Airlines, creating the world's
    largest airline.

    Legislative Counsel
    Southwest Airlines Co., Washington, D.C.
    January 1998 to October 2006.
    Recruited to establish and manage new Washington, D.C. office to
    represent Southwest Airlines. Establishment of full-time Washington
    office significantly enhanced the effectiveness of the Company's
    government affairs efforts. Served as primary Washington representative
    on legislative and regulatory matters. Frequently called upon to
    represent the Company in state and local government affairs arena,
    particularly in the airline's newer east coast destination cities.
    Helped organize and launch the Company's first ever PAC, the Southwest
    Airlines Freedom Fund. Dealt with news media on government affairs
    matters.

    Senior Vice President for Government & Technical Affairs
    Aircraft Owners & Pilots Association, Washington, D.C.
    December 1996 to January 1998.
    Promoted to direct all federal, state, and local government affairs
    activities for AOPA--a major national association representing
    interests of over 340,000 members. Managed full-time professional staff
    of eighteen in AOPA's Washington, D.C. and Frederick, Maryland offices.
    Also managed state and local activities of twelve Regional
    Representatives. AOPA's government affairs program often cited as among
    the most active of all national membership associations.

    Vice President & Legislative Counsel
    Aircraft Owners & Pilots Association, Washington, D.C.
    November 1988 to December 1996.
    Promoted to direct Federal and state legislative programs and PAC for
    AOPA. Managed staff of six in AOPA's Office of Legislative Affairs.
    During tenure, substantially increased effectiveness and organization
    of AOPA's legislative programs. Increased PAC fund-raising capability
    to secure it solidly among 50 largest PACs in the United States.

    State Legislative Counsel
    Aircraft Owners & Pilots Association, Washington, D.C.
    June 1985 to November 1988.
    Promoted to expand and direct AOPA's state legislative program.
    Coordinated state legislative activities of twelve Regional
    Representatives.

    Associate Counsel, Office of the General Counsel
    Aircraft Owners & Pilots Association, Washington, D.C.
    May 1982 to June 1985.
    Established and coordinated successful state legislative program for
    AOPA. Drafted or reviewed all Association contracts and participated
    heavily in contract negotiations.
    Responsible for all trademark and copyright issues. Gained experience
    in broad spectrum of corporate legal matters.
                                   EDUCATION
    American University Washington College of Law, Washington, D.C.
    Juris Doctor, May 1982.
    Admitted to the practice of law in Washington, D.C., and Maryland.

    C.W. Post College, Greenvale, N.Y.
    Bachelor of Fine Arts in Music, May 1978.
    Full participant in Honors Program.
    Areas of concentration: political science, literature, and education.
                              PERSONAL INFORMATION
       Born December 18, 1954, Denver, Colorado.

       Married January 25, 1986, to Mary Scott O'Connell
            (``Scotty'').

       Proud parents of Patrick Thomas O'Connell Chapman, born May
            31, 2002.
                                     ______

                   [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                     ______

    AOPA

                                  ELECTION '94

                         AVIATION'S POLITICAL SPECTRUM

                                February 1, 1994

    AOPA allies from coast to coast. During the months leading up to the
    November election, AOPA Legislative Action has profiled prominent
    congressional candidates up for election who are especially strong
    allies of general aviation.
    AOPA allies from coast to coast.
        During the months leading up to the November election, AOPA
    Legislative Action has profiled prominent congressional candidates up
    for election who are especially strong allies of general aviation.
        With the election just weeks away, however, it is appropriate to
    make pilots aware of all the candidates who have received the support
    of the AOPA Political Action Committee. AOPA-PAC is one of the largest
    and most effective candidate support organizations in the country, and
    the PAC is a valuable tool in our lobbying efforts on behalf of general
    aviation.
        As you review the list of candidates on the next few pages. you may
    be surprised to find the names of men and woman representing nearly
    every point on the political spectrum--conservatives and Liberals,
    Republicans and Democrats. The list contains approximately 130 names,
    divided nearly evenly between the two political parties. Many are
    welcome newcomers. Others are well-known Leaders who have dedicated
    productive and distinguished careers to public service.
        You may agree or disagree with some of these individuals when it
    comes to other important issues of the day. But if the subject is
    general aviation. you'll find that everyone on the List has
    demonstrated support in one way or another. Some more than others, to
    be sure. The List tends to change somewhat from election to election,
    reflecting the inevitable shifts in our network of congressional
    contacts. But, in total, these are the people who have consistently
    shown that they understand the important contributions of general
    aviation.
        As you review the list. keep in mind the factors which influence
    whether AOPA-PAC will support a specific candidate. First, those who
    are general aviation pilots obviously receive serious consideration
    because of their demonstrated interest and familiarity with aviation
    issues.
        Second, you'll notice that members of several specific
    congressional committees tend to be among those who have earned PAC
    support. These are the so-called ``committees ofjurisdiction·--
    the committees which have responsibility for matters affecting general
    aviation. In the House, these important committees are the full
    Committee on Public Works and Transportation and its subcommittee on
    aviation, and also the Committee on Science, Space, and Technology and
    its subcommittee on technology, environment, and aviation. The Public
    Works Committee has broad responsibility over most aviation issues,
    while the Science Committee has more limited jurisdiction over the
    FAA's research programs.
        In the Senate, most aviation matters come within the jurisdiction
    of the Committee on Commerce, Science, and Transportation and its
    subcommittee on aviation. And in both the House and Senate, the
    appropriations committees play a key role by determining the spending
    priorities for Federal dollars allocated to aviation programs. The
    FAA's annual budget is crafted by the transportation appropriations
    subcommittees of both the House and Senate, and several of the members
    of these two powerful subcommittees are among those with whom we work
    most closely.
        Finally, a host of other factors may influence whether a candidate
    receives support--such as assistance provided as a member of the
    congressional leadership or as a member of other important committees,
    including the Ways and Means Committee or the House Rules Committee
    (which controls the flow of legislation to the House floor). But all of
    these candidates have one thing in common: each has demonstrated an
    understanding of the importance of general aviation.
        With these factors in mind, here are the candidates who have earned
    AOPA-PAC support in 1994.--Thomas B. Chapman, Vice President Executive
    Director, AOPA Legislative Action

    ALABAMA

       Representative Sonny Callahan (R)--Energy and Commerce
            Committee member, helpful with environmental issues.

       Representative Bud Cramer (D)--Member of both Public Works
            and Science committees.

    ALASKA

       Representative Don Young (R)--Established AOPA supporter.

    ARIZONA

       Representative Jon Kyl (R)--Established AOPA supporter,
            running for Senate.

    ARKANSAS

       Representative Tim Hutchinson (R)-Public Works Committee
            member.

    CALIFORNIA

       Representative Bill Baker (R)--Member of both Public Works
            and Science committees.

       Representative George E. Brown (D)--Chairman of Science
            Committee.

       Representative Randy Cunningham (R)--AOPA member and pilot.
            established AOPA supporter.

       Representative Bob Filner (D)--Public Works Committee
            member.

       Representative Dan Hamburg (D)--Public Works Committee
            member.

       Representative Steve Horn (R)--Aviation subcommittee member.

       Representative Jay C. Kim (R)--Aviation subcommittee member.

       Representative Howard McKeon (R)--Aviation subcommittee
            member.

       Representative Norman V. Mineta (D)--Chairman of Public
            Works Committee, former chairman of aviation subcommittee,
            established AOPA supporter.

       Representative Ron Packard (R)--Appropriations Committee
            member, former aviation subcommittee member, established AOPA
            supporter.

    COLORADO

       Representative David E. Skaggs (D)--Appropriations Committee
            member, former aviation subcommittee member, established AOPA
            supporter.

    CONNECTICUT

       No candidates in 1994.

    DELAWARE

       No candidates in 1994.

    FLORIDA

       Representative Corrine Brown (D)--Aviation subcommittee
            member.

       Representative John L. Mica (R)--Aviation subcommittee
            member.

       Representative Douglas Peterson (D)--Pilot established AOPA
            supporter.

    GEORGIA

       Representative Mac Collins (R)--Aviation subcommittee
            member.

       Representative Nathan Deal (D)--Member of both Public Works
            and Science committees.

       Representative Newt Gingrich (R)--Former ranking Republican
            on aviation subcommittee, member of House Republican Leadership
            (minority whip), established AOPA supporter.

       Representative John Lewis (D)--Ways and Means Committee
            member, former aviation subcommittee member, member of House
            Democratic Leadership (chief deputy whip).

    HAWAII

       No candidates in 1994.

    IDAHO

       No candidates in 1994.

    ILLINOIS

       Representative Jerry F. Costello (D)--Aviation subcommittee
            member.

       Representative Richard J. Durbin (D)--Pilot, transportation
            appropriations subcommittee member.

       Representative Thomas W. Ewing (R)--Aviation subcommittee
            member.

       Representative William O. Lipinski (D)--Aviation
            subcommittee member.

    INDIANA

       Representative Dan Burton (R)--Established AOPA supporter.

    IOWA

       Representative Jim Lightfoot (R)--AOPA member and pilot.
            Appropriations Committee member, former aviation subcommittee
            member, established AOPA supporter.

    KANSAS

       Representative Dan Glickman (D)--Cochairman of Congressional
            Aviation Forum, member of technology, environment, and aviation
            subcommittee, leading proponent of product liability reform,
            established AOPA supporter.

    KENTUCKY

       Representative Jim Bunning (R)--Ways and Means Committee
            member.

    LOUISIANA

       Representative Jimmy Hayes (D)--Aviation subcommittee
            member.

    MAINE

       No candidates in 1994.

    MARYLAND

       Senator Paul S. Sarbanes (D)--Established AOPA supporter.

       Representative Benjamin L Cardin (D)--Ways and Means
            Committee member.

       Representative Wayne T. Gilchrest (R)--Aviation subcommittee
            member.

       Representative Steny H. Hoyer (D)--Appropriations Committee
            member, member of House Democratic leadership (caucus
            chairman).

       Representative Constance Morella (R)--Member of technology,
            environment, and aviation subcommittee.

    MASSACHUSETTS

       Representative Peter I. Blute (R)--Member of both Public
            Works and Science committees.

       Representative Joseph Moakley (D)--Chairman of Rules
            Committee.

       Representative John W. Olver (D)--Appropriations Committee
            member.

    MICHIGAN

       Representative Bob Carr (D)--AOPA member and pilot. chairman
            of transportation appropriations subcommittee, established AOPA
            supporter, running for Senate.

       Representative James A. Barcia (D)--Public Works Committee
            member.

       Representative David E. Bonier (D)--Member of House
            Democratic leadership (majority whip).

       Representative John D. Dingell (D)--Chairman of Energy and
            Commerce Committee, helpful with product liability and
            environmental issues.

       Representative Vern Ehlers (R)--Aviation subcommittee
            member.

       Representative Peter Hoekstra (R)--Public Works Committee
            member.

       Representative Dale E. Kildee (D)--Established AOPA
            supporter.

       Representative Fred Upton (R)--Former aviation subcommittee
            member, member of Energy and Commerce Committee.

    MINNESOTA

       Representative James L. Oberstar (D)--Chairman of aviation
            subcommittee, established AOPA supporter.

       Representative Collin C. Peterson (D)--AOPA member and
            pilot, chairman of government operations subcommittee on
            employment. housing, and aviation, established AOPA supporter.

       Representative Martin 0. Sabo (D)--Transportation
            appropriations subcommittee member, chairman of Budget
            Committee.

    MISSISSIPPI

       Senator Trent Lott (R)--Member of Commerce, Science, and
            Transportation Committee. established AOPA supporter.

       Representative Mike Parker (D)--AOPA member and pilot.
            aviation subcommittee member, established AOPA supporter.

    MISSOURI

       Representative Patricia Danner (D)--Aviation subcommittee
            member.

       Representative Bill Emerson (R)--Aviation subcommittee
            member.

       Representative Richard A. Gephardt (D)--House majority
            leader.

       Representative Mel Hancock (R)--AOPA member and pilot, Ways
            and Means Committee member, former aviation subcommittee
            member, established AOPA supporter.

       Representative Alan Wheat (D)--Rules Committee member,
            established AOPA supporter, running for Senate.

    MONTANA

       Senator Conrad Burns (R)--Member of both Appropriations and
            Commerce, Science, and Transportation committees, established
            AOPA supporter.

    NEBRASKA

       Senator Robert Kerrey (D)--Appropriations Committee member,
            established AOPA supporter.

       Representative Bill Barrett (R)--Pilot, established AOPA
            supporter.

    NEVADA

       Senator Richard Bryan (D)--Aviation subcommittee member,
            established AOPA supporter.

       Representative Barbara F. Vucanovich (R)--Pilot, established
            AOPA supporter.

    NEW HAMPSHIRE

       Representative Dick Swett (D)--Aviation subcommittee member.

       Representative Bill Zeliff (R)--Public Works Committee
            member.

    NEW JERSEY

       Senator Frank Lautenberg (D)--Chairman of transportation
            appropriations subcommittee, helpful with DUATS funding issue,
            established AOPA supporter.

       Representative Robert Franks (R)--Public Works Committee
            member.

       Representative Robert Menendez (D)--Public Works Committee
            member.

    NEW MEXICO

       Senator Jeff Bingaman (D)--Established AOPA supporter.

       Representative Joe Skeen (R)--AOPA member and pilot,
            Appropriations Committee member.

    NEW YORK

    Senator Daniel Patrick Moynihan (D)--Chairman of Finance Committee.

       Representative Sherwood L Boehlert (R)--Aviation
            subcommittee member.

       Representative David A. Levy (R)--Aviation subcommittee
            member.

       Representative Susan Molinari (R)--Public Works Committee
            member.

       Representative Jack Quinn (R)--Public Works Committee
            member.

       Representative Gerald B. Solomon (R)--Ranking Republican on
            Rules Committee.

    NORTH CAROLINA

       Representative Cass Ballenger (R)--Former aviation
            subcommittee member, established AOPA supporter.

       Representative David Price (D)--Transportation
            appropriations subcommittee member.

    NORTH DAKOTA

       Senator Kent Conrad (D)--Finance Committee member,
            established AOPA supporter.

    OHIO

       Lt. Governor Mike DeWine (R)--Established AOPA supporter.
            running for Senate.

       Representative Ralph Regula (R)--Transportation
            appropriations subcommittee member.

    OKLAHOMA

       Representative Bill Brewster (D)--Ways and Means Committee
            member. former Public Works Committee member. established AOPA
            supporter.

       Representative James M. lnhofe (R)--AOPA member and pilot,
            cochairman of Congressional Aviation Forum, aviation
            subcommittee member. responsible for modifying secretive
            Petition for Discharge rules. established AOPA supporter.
            running for Senate.

       Representative Frank D. Lucas (R)--Established AOPA
            supporter.

    OREGON

       No candidates in 1994.

    PENNSYLVANIA

       Representative Robert A Borski (D)--Aviation subcommittee
            member.

       Representative William F. Clinger (R)--Ranking Republican on
            aviation subcommittee, established AOPA supporter.

       Representative Thomas M. Foglietta (D)--Transportation
            appropriations subcommittee member.

       Representative Rick Santorum (R)--Established AOPA
            supporter, running for Senate.

       Representative Bud Shuster (R)--Ranking Republican on Public
            Works Committee, established AOPA supporter.

    RHODE ISLAND

       No candidates in 1994.

    SOUTH CAROLINA

       Representative James E. Clyburn (D)--Public Works Committee
            member.

    SOUTH DAKOTA

       Representative Tim Johnson (D)--Established AOPA supporter.

    TENNESSEE

       Senator Jim Sasser (D)--Chairman of Budget Committee,
            Appropriations Committee member.

       Representative Bob Clement (D)--Aviation subcommittee
            member, established AOPA supporter.

       Representative John J. Duncan (R)--Aviation subcommittee
            member.

       Representative Bart Gordon (D)--Rules Committee member.

       Representative James H. Quillen (R)--Former ranking
            Republican on Rules Committee, helpful with flight service
            station issues, established AOPA supporter.

    TEXAS

       Senator Kay Bailey Hutchison (R)--Member of Commerce.
            Science, and Transportation Committee, established AOPA
            supporter.

       Representative Richard K. Armey (R)--Member of House
            Republican leadership (conference chairman), established AOPA
            supporter.

       Representative Henry Bonilla (R)--Appropriations Committee
            member.

       Representative Jim Chapman (D)--AOPA member and pilot,
            Appropriations Committee member, established AOPA supporter.

       Representative Ronald D. Coleman (D)--Transportation
            appropriations subcommittee member.

       Representative Thomas D. Delay (R)--Transportation
            appropriations subcommittee member, member of House Republican
            Leadership (deputy whip and conference secretary). established
            AOPA supporter.

       Representative Chet Edwards (D)--AOPA member and pilot,
            established AOPA supporter.

       Representative Pete Geren (D)--Aviation subcommittee member,
            established AOPA supporter.

       Representative Eddie Bernice Johnson (D)--Public Works
            Committee member.

       Representative Sam Johnson (R)--AOPA member and pilot,
            established AOPA supporter.

       Representative Greg Laughlin (D)--Aviation subcommittee
            member, established AOPA supporter.

       Representative Charles W. Stenholm (D)--Established AOPA
            supporter.

    UTAH

       Representative James V. Hansen (R)--AOPA member and pilot,
            Leading proponent of product liability reform, established AOPA
            supporter.

       Representative Bill Orton (D)--Pilot. established AOPA
            supporter.

    VERMONT

       Senator James M. Jeffords (R)--Established AOPA supporter.

    VIRGINIA

       Senator Charles S. Robb (D)--Member of Commerce, Science,
            and Transportation Committee, established AOPA supporter.

       Representative Herbert H. Bateman (R)--Established AOPA
            supporter.

       Representative Thomas J. Bliley (R)--Energy and Commerce
            Committee member, helpful with environmental issues.

       Representative Leslie L. Byrne (D)--Public Works Committee
            member.

       Representative Bob W. Goodlatte (R)--Established AOPA
            supporter.

       Representative Lewis F. Payne (D)--Ways and Means Committee
            member, former aviation subcommittee member, established AOPA
            supporter.

       Representative Frank R. Wolf (R)--Ranking Republican on
            transportation appropriations subcommittee, established AOPA
            supporter.

    WASHINGTON

       Senator Slade Gorton (R)--Aviation subcommittee member,
            Appropriations Committee member, established AOPA supporter.

       Representative Maria Cantwell (D)--Aviation subcommittee
            member.

       Representative Jennifer Dunn (R)--Aviation subcommittee
            member.

       Representative Thomas S. Foley (D)--Speaker of the House.

    WEST VIRGINIA

       Senator Robert C. Byrd (D)--Chairman of Appropriations
            Committee.

       Representative Nick J. Rahall (D)--Aviation subcommittee
            member.

       Representative Robert E. Wise (D)--Public Works Committee
            member.

    WISCONSIN

       Representative David R. Obey (D)--Chairman of Appropriations
            Committee.

       Representative Thomas E. Petri (R)--Aviation subcommittee
            member.

    WYOMING

       Representative Craig Thomas (R)--Pilot, established AOPA
            supporter, running for Senate.

            [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        The Chair. Thank you, Mr. Chapman.
        Dr. Chen, welcome. We look forward to your remarks.

      STATEMENT OF DR. LANHEE J. CHEN, NOMINEE TO BE A DIRECTOR,
                       AMTRAK BOARD OF DIRECTORS

        Dr. Chen. Thank you, Chair Cantwell, Ranking Member Cruz,
    and Members of the Committee. My name is Lanhee Chen, and I am
    honored to appear before you today as a nominee for the Amtrak
    Board of Directors. I am grateful to the President for the
    trust he has placed in me and honored by Leader McConnell's
    support of me over many years. I am also deeply indebted to
    Senator Romney, who has been a mentor and friend, and humbled
    by his overly kind introduction of me.
        I am so happy to be joined today by my daughter, Adeline,
    who gets to see her daddy, and perhaps more importantly, the
    Senate at work. There are two other members of my family who
    could not be here today; my wife, Cynthia, for whom I am always
    grateful, and our son, Tobin.
        I was born in North Carolina, the son of two immigrants
    from Taiwan whose decisions to come to America made all of this
    possible, and for that, I am grateful. I grew up in Southern
    California and now live in the San Francisco Bay Area. I have
    spent my career at the intersection of business, government,
    and public policy, and believe this background will bring much-
    needed perspective to the Amtrak Board.
        I have significant experience as a board member in
    corporate, nonprofit, and government settings. For example, I
    have served since 2015 on the Board of El Camino Health, a
    community-based healthcare system in Northern California. I
    chaired the Board for 5 years, currently chair its Governance
    Committee, and formerly chaired both the Audit and Executive
    Compensation Committees.
        I was nominated by President Obama and confirmed by the
    Senate to serve on the Social Security Advisory Board from 2014
    to 2018, which provides counsel on the Social Security program
    to policymakers in Congress, and beyond.
        My interest in passenger trains began when I was a young
    boy. I would visit the Fullerton, California, railroad station
    with my dad to see the Amtrak trains that stopped there. We
    scoured local hobby shops for model Amtrak locomotives and
    coaches, which I proudly displayed in my room or sometimes got
    to run on tracks, which took over our entire living room.
        I am fortunate to still live in California, which has
    frequent Amtrak service along multiple corridors that link many
    of its major metropolitan areas and smaller communities in
    between, thanks largely to past state investments. I have been
    a passenger on Amtrak state-supported routes in California,
    like the Pacific Surfliner and Capitol Corridor, and on trains
    along the Northeast Corridor. I believe that Congress clearly
    intended to have more representation from the national network
    on the Amtrak Board, and as a Californian, I look forward to
    helping to realize that goal.
        There are several things I believe I would bring to the
    Amtrak Board if confirmed. The first is Board experience in a
    quasi-public setting. The health system board on which I have
    served for nearly a decade has both fiduciary responsibilities
    and a public mission. That is also true of Amtrak, which by law
    is directed both to operate like a business and to provide
    passenger rail service that may not produce financial returns
    but benefits the travelers and communities it serves,
    particularly those without other transportation options.
    Balancing financial prudence and a public mission is not an
    unfamiliar concept to me.
        I also have significant business experience. I furnished
    counsel to corporate leaders on strategic and reputational
    concerns, evaluated and recommended investments in early stage
    companies, and advised businesses as they navigate the
    marketplace and consider the impacts of regulation and policy
    on their work.
        Finally, I have familiarity with both Federal and State
    policy issues, including infrastructure and publicly funded
    programs, as a result of my service on the Social Security
    Advisory Board, my work as a policy adviser to four
    Presidential campaigns, my candidacy for the position of
    California State controller, my state's chief fiscal officer,
    and my work in academia at the Hoover Institution, one of
    America's leading research institutes.
        From my board service, I recognize that one of the most
    important responsibilities of any director is to ensure that
    management is accountable for results. That obligation is
    heightened for organizations like Amtrak, which receives
    government funding intended to benefit the American people.
    This accountability must extend beyond the Board to Amtrak's
    customers, employees, taxpayers, and the elected officials like
    you who approve its funding.
        Amtrak's Board has a responsibility not only to ensure that
    the taxpayer dollars the organization receives are well spent,
    but also to emphasize the importance of maintaining the highest
    standards of safety, timeliness, and customer service, and to
    help formulate a strategy to increase revenues so that more
    funding is available for services and investments that fulfill
    the organization's mission.
        If confirmed to the Amtrak Board, I will work to ensure
    that Amtrak does business transparently, operates in a fiscally
    responsible manner, and serves the needs of passengers who ride
    its trains, and the states that provide funding both for daily
    service and longer-term capital investments.
        Again, thank you for the opportunity to appear before you
    today, and I look forward to answering your questions.
        [The prepared statement and biographical information of Dr.
    Chen follow:]

       Prepared Statement of Dr. Lanhee Chen, Nominee to be a Director,
                           Amtrak Board of Directors
        Chair Cantwell, Ranking Member Cruz and members of the committee:
    My name is Lanhee Chen, and I am honored to appear before you today as
    a nominee for the Amtrak Board of Directors.
        I was born in North Carolina, grew up in Southern California, and
    now live in the San Francisco Bay Area. I have spent my career at the
    intersection of business, government, and public policy, and believe
    this experience will bring much needed perspective to the Amtrak Board.
    Today, I am a Fellow at the Hoover Institution, teach at Stanford
    University, and am a partner at the Brunswick Group, a global business
    advisory firm.
        I have significant experience as a board member in corporate,
    nonprofit, and government settings. For example, I have served since
    2015 on the board of El Camino Health, a community-based healthcare
    system in Northern California. I chaired the board for five years,
    currently chair its governance committee, and formerly chaired both the
    audit and executive compensation committees. I was nominated by
    President Obama and confirmed by the Senate to serve on the Social
    Security Advisory Board from 2014 to 2018, which provides counsel on
    the Social Security program to policymakers in Congress and beyond.
        My interest in passenger trains began when I was a young boy. I
    would visit the Fullerton, California railroad station with my dad to
    see the Amtrak trains that stop there. We scoured local hobby shops for
    model Amtrak locomotives and coaches, which I proudly displayed in my
    room or sometimes got to run on tracks which took over our entire
    living room.
        I am fortunate to still live in California, which has frequent
    Amtrak service along multiple corridors that link many of its major
    metropolitan areas and smaller communities in between, thanks largely
    to past state investments. I have been a passenger on Amtrak's state-
    supported routes in California, like the Pacific Surfliner and the
    Capitol Corridor, and on trains along the Northeast Corridor. I believe
    that Congress clearly intended to have more representation from the
    National Network on the Amtrak Board and, as a Californian, I look
    forward to helping realize that goal.
        There are several things I believe I would bring to the Amtrak
    Board if confirmed. The first is Board experience in a quasi-public
    setting. The health system board on which I have served for nearly a
    decade has both fiduciary responsibilities and a public mission. That
    is also true of Amtrak, which by law is directed both to operate like a
    business and to provide passenger rail service that may not produce
    financial returns, but benefits the travelers and communities it
    serves, particularly those without other transportation options.
    Balancing financial prudence and a public mission is not an unfamiliar
    concept to me.
        I also have significant business experience. I have furnished
    counsel to corporate leaders on strategic and reputational concerns;
    evaluated and recommended investments in early-stage companies; and
    advised businesses as they navigate the marketplace and consider the
    impacts of regulation and policy on their work.
        Finally, I have familiarity with both Federal and state policy
    issues, including infrastructure and publicly-funded programs, as a
    result of my service on the Social Security Advisory Board; my work as
    a policy advisor to four presidential campaigns; my candidacy for the
    position of California state controller, my state's chief fiscal
    officer; and from my work in academia, at one of America's leading
    research institutes.
        From my board service, I recognize that one of the most important
    responsibilities of any Director is to ensure that management is
    accountable for results. That obligation is heightened for
    organizations like Amtrak, which receives government funding intended
    to benefit the American people. This accountability must extend beyond
    the Board, to Amtrak's customers, employees, taxpayers, and the elected
    officials like you, who approve its funding. Amtrak's Board has a
    responsibility not only to ensure that the taxpayer dollars the
    organization receives are well spent, but also to emphasize the
    importance of maintaining high standards of safety, timeliness, and
    customer service, and to help formulate a strategy to increase
    revenues, so that more funding is available for services and
    investments that fulfill the organization's mission. If confirmed to
    the Amtrak board, I will work to ensure that Amtrak does business
    transparently; operates in a fiscally responsible manner; and serves
    the needs of the passengers who ride its trains and the states that
    provide funding both for daily service and longer-term capital
    investments.
        Again, thank you for the opportunity to appear before you today,
    and I look forward to answering your questions.
                                     ______

                          a. biographical information
        1. Name (Include any former names or nicknames used): Lanhee Joseph
    Chen.
        2. Position to which nominated: Board of Directors, AMTRAK.
        3. Date ofNomination: September 9, 2024.
        4. Address (List current place ofresidence and office addresses):

            Residence: Information not released to the public.
            Office: 434 Galvez Mall, Stanford, CA 94305-6010.

        5. Date and Place of Birth: July 4, 1978; Fayetteville, NC, USA.
        6. Provide the name, position, and place ofemployment for your
    spouse (ifmarried) and the names and ages ofyour children (including
    stepchildren and children by a previous marriage).

            Cynthia Fung Chen, Employed by State of California, County of
            Santa Clara, Superior Court San Jose CA

        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.

            Harvard University (2000-09), Graduate School of Arts and
            Sciences, PhD in Political Science (2009)

            Harvard University (2000-09), Graduate School of Arts and
            Sciences, AM in Political Science (2004)

            Harvard Law School (2004-07), JD cum laude (2007)

            Harvard College (1995-99), AB magna cum laude in Government
            (1999)

        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.
        Please see Attachment A-8, for the information requested here.
        9. Attach a copy of your resume.
        Please see Attachment A-9, for my current 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.
        Not Applicable.
        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.

            Partner, Brunswick Group, San Francisco, CA (2023 to present)

            Owner, Launch Policy Strategies (Sole Proprietorship), Mountain
            View, CA (2013 to present)

            Director, El Camino Health, Mountain View, CA (2015 to present)

            Director, Foundation for Research on Equal Opportunity, Austin,
            TX (2016 to present)

            Director, David A. Winston Health Policy Fellowship,
            Washington, DC (2022 to present)

        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.

            Member, State Bar of California, Bar Number 258185 (admitted
            12/2/2008, inactive 2/1/2012-10/21/2015)

            Member, Policy Advisory Board, Free the Facts, a Project of
            Entitlements How, Inc., Washington, DC (2016 to present)

            Member, Advisory Council, The Asian American Foundation (TAAF),
            New York, NY (2021 to present)

            Member, Committee of 100, New York, NY (2015 to present)

            Member, Council of Scholars, Better Medicare Alliance,
            Washington, DC (2017 to present)

            Member, Advisory Board, Global Taiwan Institute, Washington, DC
            (2020 to present)

            Founder, Golden State Watchdog PAC, Irvine, CA (2023 to
            present)

            Member, Advisory Board, Golden Together, Los Angeles, CA (2023
            to present)

            Member, Nixon Seminar on Conservative Realism and National
            Security, Yorba Linda, CA (2021 to present)

            Member, Advisory Committee, Aspen Institute/Anti-Defamation
            League Civil Society Fellowship, Aspen, CO (2019 to present)

            Member, External Advisory Committee, Association of American
            Medical Colleges (AAMC) Research and Action Institute (2021 to
            present)

            JAMA Forum Contributor, JAMA Health Forum, a Journal of the
            American Medical Association (2022 to present)

            Former Member, Board of Directors, Healthcare Consumer Rights
            Foundation (2020-2022)

            Former Member, Editorial Board, Salem Radio Network (2017-2022)

            Former Member and Director, Aspen Economic Strategy Group
            (Director, 2017-18; Member 2017-21)

            Former Member, National Advisory Committee, Democracy Fund
            (2018-2020)

            Former Visiting Thought Leader, China Europe International
            Business School, Shanghai, China (2019)

            Former Member, International Advisory Board and Health Advisory
            Board, APCO Worldwide (2014-2018)

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

            Candidate for California State Controller, 2022, campaign has
            no outstanding debt

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

            Founder, Golden State Watchdog PAC (FEC #C00838219)

            Delegate and former member of the Initiatives Committee,
            California Republican Party Senior Adviser on Policy, National
            Republican Senatorial Committee (2014, 2018)

            Senior Adviser, Marco Rubio for President (2015-16)

        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.

            Kevin Faulconer, Faulconer for Supervisor (San Diego County,
            CA), $500, 6-30-2024; 12-08-2023

            Tom Cotton, Cotton for Senate, $2,600, 4-14-2014

            Elise Stefanik, Stefanik for Congress, $300, 3-2-2014

            Jim Bognet, Bognet for Congress, $1,000, 3-31-2020

            Greg Bledsoe, Bledsoe for Arkansas, $1,000, 2-6-2021

            Republican Party of California, $850, 4-1-2022

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

            Harvard College, John Harvard Scholar

            Harvard College, Harvard College Scholar

            Harvard College, Dean's List

            Harvard University, Thomas E. Upham Class of 1868 Scholarship

            Harvard University, Derek Bok Center for Learning and Teaching,
            Certificate of Distinction in Teaching

            Harvard University, Graduate School of Arts and Sciences,
            Summer Research Fellowship

            The Heritage Foundation, Winnie Neubauer Visiting Fellowship in
            Health Policy Studies

            Hoover Institution, David and Diane Steffy Fellow in American
            Public Policy Studies

        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.
        I have written and commented extensively on public policy issues.
    Attachment A-17 provides a listing of radio and television interviews
    from 2020-2024 inclusive, as well as additional resources for written
    material in the years prior. The listing represents best efforts to
    compile the requested information and may not be comprehensive.
        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.

            California Chamber of Commerce, 2017 Capitol Summit, May 31,
            2017, Sacramento, CA

            Peter G. Peterson Foundation, 2019 Fiscal Summit, ``From One
            Generation to the Next: Our Fiscal and Economic Legacy, June
            11, 2019, Washington, DC

            Hoover Institution, Hoover Council Virtual Event, ``Biden's
            First 100 Days and the Conservative Policy Response,'' February
            18, 2021, Online (Powerpoint Here)

        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.

            ``This bill is a win-win for Democrats and Republicans,'' CNN
            Opinion, June 24, 2021

            Radio Interview on Left, Right and Center, KCRW Public Radio,
            ``Infrastructure Week, maybe for real this time,'' April 2,
            2021

        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.
        All accounts listed below are active and I have no accounts that
    are dormant or have been deleted.

            X/Twitter: @lanheechen: https://twitter.com/lanheechen

            Facebook (Lanhee Chen): https://www.facebook.com/lanhee.chen

            Facebook (Chen For California, Campaign Page):
            https://www.facebook.com/ChenforCalifornia/

            Instagram (Lanhee Chen): https://www.instagram.com/lanheechen

            LinkedIn (Lanhee Chen): https://www.linkedin.com/in/lanheechen/

        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.

            September 6, 2024. Remarks before the House Committee on
            Foreign Affairs, Subcommittee on Indo-Pacific, Member
            Roundtable: ``Global Ties, Local Impact: Why Taiwan Matters for
            California''

            January 28, 2014. Testimony before the House Committee on Ways
            and Means, Hearing on the Impact of the Affordable Care Act
            (ACA) Employer Mandate's Definition of Full-Time Employee on
            Jobs and Opportunities. Committee transcript, including verbal
            testimony, linked here. Submitted testimony will be attached.

            May 8, 2014. Testimony before the Senate Committee on Finance,
            Hearing to consider presidential nominations. Submitted
            testimony linked here and committee proceedings available here.

        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 believe that my general business background--including extensive
    experience on corporate, nonprofit and government boards, in addition
    to my work an investor and critical issues adviser, qualifies me for
    appointment to the AMTRAK Board of Directors. In my academic and
    research roles over the course of my career, I've also had occasion to
    analyze and discuss some of the public policy issues that will come
    before the AMTRAK Board.
        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?
        This is one of the principal responsibilities of each member of
    AMTRAK's Board of Directors, and I intend to take very seriously my
    mandate to ensure that there are proper management and accounting
    controls at the corporation. This is particularly significant given
    that AMTRAK benefits from billions of dollars in taxpayer funding each
    year. I have significant experience in overseeing and managing large
    organizations, including as former Chair of the Board, former Chair of
    the Audit and Compliance and Executive Compensation Committees, and
    current Chair of the Governance Committee of El Camino Health, a
    billion-dollar health care system in Northern California, as well as in
    a wide variety of operational settings over the course of my career.
        24. What do you believe to be the top three challenges facing the
    department/agency, and why?
        First, modernizing our rail network and ensuring that we are making
    proper investments in improving infrastructure--not just in the
    Northeast Corridor, but throughout AMTRAK's national network. Second,
    ensuring that AMTRAK continues to meet the needs of customers
    throughout the country in an effective and efficient manner, including
    in those communities that depend on AMTRAK for their critical
    transportation needs. Finally, ensuring proper and rigorous oversight
    of taxpayer dollars, to ensure that resources are being wisely
    stewarded and well spent.
                       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.
        As I have been nominated to serve on a part-time Board, I intend to
    continue all current employment arrangements and affiliations as
    detailed above.
        3. Indicate any investments, obligations, liabilities, or other
    relationships which could involve potential conflicts of interest in
    the position to which you have been nominated. Explain how you will
    resolve each potential conflict of interest.
        In connection with the nomination process, I have consulted with
    the Office of Government Ethics and AMTRAK's designated agency ethics
    official (DAEO) to identify potential conflicts of interest. Any
    potential conflicts of interest will be resolved in accordance with the
    terms of an ethics agreement that I have entered into with the
    Administration's DAEO and that has been provided to this Committee. I
    am not aware of any other potential conflicts of interest.
        4. Describe any business relationship, dealing, or financial
    transaction which you have had during the last ten years, whether for
    yourself, on behalf of a client, or acting as an agent, that could in
    any way constitute or result in a possible conflict of interest in the
    position to which you have been nominated. Explain how you will resolve
    each potential conflict of interest.
        In connection with the nomination process, I have consulted with
    the Office of Government Ethics and AMTRAK's designated agency ethics
    official (DAEO) to identify potential conflicts of interest. Any
    potential conflicts of interest will be resolved in accordance with the
    terms of an ethics agreement that I have entered into with the
    Administration's DAEO and that has been provided to this Committee. I
    am not aware of any other potential conflicts of interest.
        5. Identify any other potential conflicts of interest, and explain
    how you will resolve each potential conflict of interest.
        In connection with the nomination process, I have consulted with
    the Office of Government Ethics and AMTRAK's designated agency ethics
    official (DAEO) to identify potential conflicts of interest. Any
    potential conflicts of interest will be resolved in accordance with the
    terms of an ethics agreement that I have entered into with the
    Administration's DAEO and that has been provided to this Committee. I
    am not aware of any other potential conflicts of interest.
        6. Describe any activity during the past ten years, including the
    names of clients represented, in which you have been engaged for the
    purpose of directly or indirectly influencing the passage, defeat, or
    modification of any legislation or affecting the administration and
    execution of law or public policy.
        Not Applicable.
                                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. 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.
        Not Applicable.
                         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.
                                     ______

                    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                     ______

    Lanhee J. Chen
    More Significant Writings, Media and Longer Form Interviews (2020 and
            Prior)
       1.  Columns written during time as a columnist for Bloomberg View,
            the opinion page of the Bloomberg media network: https://
            www.bloomberg.com/opinion/authors/AQwQdiROxoc/lanhee-j-chen

       2.  Podcast I hosted called ``Crossing Lines'': https://
            www.listennotes.com/podcasts/crossing-lines-with-lanhee-chen-
            the-umpIWe-5cvB/

       3.  Doctoral Dissertation, ``Essays on Elections,'' Faculty of Arts
            and Sciences, Harvard University, 2009, Copy Appended

       4.  Bloomberg Television Appearances (Many in 2020 and Prior)

       5.  Fox Business Television Appearances (Many in 2020 and Prior)

       6.  KQED (SF PBS Aﬀiliate) Television Appearances (Some
            Interviews Itemized in 2021-24)

       7.  Hoover Institution Podcasts

          a.  ``Rationalizing Immigration'': June 27, 2014

          b.  ``COVID-19 and the Politics of the WHO'': May 21, 2020

          c.  ``Lanhee Chen: Republican Rift?'': Oct. 31, 2019

          d.  ``Fiery But Mostly Peaceful'': Aug. 28, 2020

       8.  Hoover Institution Videos

          a.  Available by search here, only the first 13-15 entries appear
                relevant.

          b.  ``COVID-19, China and the Political Fallout''

          c.  PolicyEd Videos: Public Option; Health Insurance Competition

          d.  ``Federalism and COVID-19'': A conversation with Gov. Larry
                Hogan

          e.  ``A Discussion on America's Future After COVID-19'': A
                conversation with Sen. Marco Rubio

       9.  Aspen Institute Programs

          a.  Lanhee Chen and Andy Slavitt: A Major Difference of Opinion
                (full discussion here).

          b.  Mitt Romney and Lanhee Chen: Aspen Ideas Festival

          c.  Follow the Money: Investing in Health

          d.  KHN's `What the Health' Podcast Taping

      10.  Major Television Appearances (2020 and Previous)

          a.  This Week with George Stephanopoulos (ABC): 6/25/2017, 11/19/
                2017, 2/25/2018, 9/9/2018, 4/7/2019, 6/2/2019, 10/11/2020

          b.  Meet the Press (NBC): 6/5/2016, 10/14/2018, 2/24/2019, 4/7/
                2019, 6/28/2019, 10/27/2019, 4/12/2020, 6/6/2021

          c.  Face the Nation (CBS): 9/18/2016, 11/20/2016, 1/22/2017, 2/
                26/2017, 7/2/2017, 12/10/2017, 10/28/2018, 4/28/2019, 9/22/
                2019, 1/26/2020, 2/23/2020, 5/13/2020,12/13/2020

          d.  Fox News Sunday: 8/2/2020

          e.  State of the Union with Jake Tapper: 8/31/2014, 9/14/2014, 3/
                22/2020

          f.  Real Time with Bill Maher: 9/23/2016

      11.  Other Videos

          a.  Veritas Forum: Faith & Politics, Perspectives Across the
                Aisle

          b.  Committee of 100: ``Chinese American Journeys: Lanhee Chen,
                Hoover Institution, Stanford University''

          c.  CBS News Red&Blue: Lanhee Chen on GOP's Future

          d.  Foundation for American Innovation: Lanhee Chen on Elections

          e.  AmCham China: How important is China to the U.S. election?

          f.  USPAACC LiveTalk: Realistic and Responsible Plan to Reopen
                the Economy

          g.  Wide World of News (Mark Halperin): A Conversation with
                Lanhee Chen

          h.  Hugh Hewitt Conversation with Andrew Slavitt and Lanhee Chen
                on WH Covid Response

          i.  CPAC 2019 Panel

          j.  Stanford CDDRL: Public Policy and the 2020 Elections

          k.  ASU GSV Summit (2016): Why is Education Not More Central to
                the American Political Discourse?

                                                      CONFIDENTIAL
    ----------------------------------------------------------------------------------------------------------------
                                     Duties and                              Reason for
          Position Held           Responsibilities           Dates            Leaving                Notes
    ----------------------------------------------------------------------------------------------------------------
    Research Fellow, Hoover   Conduct research and     Feb. 2013-Present  Still in role
     Institution; Lecturer     provide analysis and
     in Public Policy and      commentary on public
     Director of Domestic      policy issues. Teach
     Policy Studies in the     classes in public
     Public Policy Program,    policy and participate
     Stanford University       in associated faculty
     Partner, Brunswick        discussions
     Group
    Provide public affairs    Jan. 2023-Present        Still in role
     and communications
     counsel to clients of
     critical issues
     business consulting
     firm
    NBC News Contributor,     Provide on-air           Dec. 2023-Present  Still in role    Not an employee;
     NBC Universal Inc.        commentary for Meet                                          compensated as
                               the Press                                                    independent contractor
    Member of the Board of    Provide oversight for    Jul. 2015-Present  Still in role    Not an employee;
     Directors, El Camino      community-based                                              compensated as
     Health/El Camino          nonprofit health                                             independent contractor
     Hospital                  system
    Regular Contributor, CNN  Write columns for CNN    Jan. 2021-July     Opinion page     Not an employee;
     Opinion, Turner           Opinion                  2024               ceased           compensated as
     Entertainment Group                                                   operations       independent contractor
    Inaugural Director and    Direct meetings and      Sep. 2017-Jan.     Term of          Compensated by Aspen
     Member, Aspen Economic    priorities of            2021               participation    Institute through 2019
     Strategy Group            bipartisan group of                         ended            as Director and then was
                               economic policy                                              not compensated as a
                               leaders                                                      regular member of the
                                                                                            group
    Operating Partner,        Source and diligence     2018-2020          Fund exited      Not an employee;
     NewRoad Capital           health care deals for                       health care      compensated as
     Partners                  Fund III of private                         investing        independent contractor;
                               equity firm                                                  retain carried interest
                                                                                            in Fund III
    Editorial Board Member,   Provide editorial        Nov. 2016-Jul.     Voluntary        Not an employee;
     Salem Media Group         guidance and publish     2021               departure, to    compensated as
                               commentaries for radio                      run for CA       independent contractor
                               network                                     statewide
                                                                           office
    Counsel, Arent Fox        Provide legal and        Oct. 2015-Oct.     Voluntary        Not an employee;
                               public affairs counsel   2018               departure, to    compensated as
                               to clients of law firm                      accept           independent contractor
                                                                           different role
    Board Member, Social      Serve as presidentially- Sep. 2014-Sep.     Term ended, was  Compensated as part-time,
     Security Advisory Board   appointed and Senate     2018               not              special government
                               confirmed member of                         reappointed      employee
                               board providing
                               recommendations on
                               Social Security
                               program to relevant
                               Federal policymakers
    William E. Simon          Teach class on           Aug. 2017-Dec.     Academic term
     Visiting Professor,       policymaking and         2017               ended
     Pepperdine University     advise graduate
     School of Public Policy   students
    Lecturer in Law,          Teach law school         Jan. 2014-Apr.     Voluntary
     Stanford Law School,      classes                  2018               departure, was
     Stanford University                                                   no longer
                                                                           needed to
                                                                           teach courses
                                                                           assigned
    Political Commentator,    Provide on-air           Jul. 2016-Dec.     Voluntary        Not an employee;
     CNN, Turner               commentary for CNN and   2016               departure; to    compensated as
     Entertainment Group       CNN International                           accept           independent contractor
                               programming                                 different role
    Columnist, Bloomberg      Write columns for        Feb. 2013-Feb.     Voluntary        Not an employee;
     View, Bloomberg LP        Bloomberg View           2015               departure, to    compensated as
                               (Opinion Page)                              accept           independent contractor
                                                                           different role
    Policy Director, Romney   Provide policy advice    Jan. 2011-Nov.     Campaign ended
     for President and Mitt    to presidential          2012
     Romney's Free and         candidate and run
     Strong America PAC        policy shop of PAC and
                               then presidential
                               campaign
    Deputy Campaign Manager   Provide policy advice    Jun. 2009-Aug.     Campaign ended
     and Policy Director,      to gubernatorial         2010
     Poizner for Governor      candidate and run
     (CA)                      policy shop of CA
                               gubernatorial campaign
    Associate Attorney        Gibson, Dunn & Crutcher  Nov. 2008-Jun.     Voluntary        Also worked as a Summer
                               LLP                      2009               departure, to    Associate here, May 2006-
                                                                           accept           Aug. 2006
                                                                           different role
    Senior Counselor to the   Provide counsel to       May 2008-Nov.      Voluntary
     Deputy Secretary,         Deputy Secretary of      2008               departure; to
     Department of Health      Health and Human                            accept
     and Human Services        Services                                    different role
    Domestic Policy           Provide domestic policy  Jun. 2007-Feb.     Campaign ended
     Director, Romney for      advice to presidential   2008
     President, Inc.           candidate
    Summer Associate, Paul,   Author legal memos,      May 2005-Aug.      End of summer,
     Hastings Janofsky &       conduct legal research   2005               return to law
     Walker LLP                and fulfill other                           school
                               responsibilities for
                               law firm
    Visiting Fellow,          Conduct research and     May 2003-Aug.      Term of
     Heritage Foundation       provide analysis and     2003               fellowship
                               commentary on health                        ended,
                               policy issues                               returned to
                                                                           graduate
                                                                           school
    Health Policy Advocate,   Advocated for the        Jul. 2001-Aug.     Voluntary
     The ERISA Industry        employee health          2002               departure, to
     Committee (ERIC)          benefits interests of                       return to
                               America's large                             graduate
                               employers                                   school
    Teaching Fellow, Harvard  Served as teaching       Feb. 2003-May      End of academic  The academic terms worked
     University                assistant for a          2005               terms            were: Spring 2003 (Feb.
                               variety of                                                   2003-May 2003); Fall
                               undergraduate classes                                        2003 (Sep. 2003-Jan.
                               in the Department of                                         2004); Spring 2004 (Feb.
                               Government at Harvard                                        2004-May 2004); Fall
                               University                                                   2004 (Sep. 2004-Jan.
                                                                                            2005); Spring 2005 (Feb.
                                                                                            2005-May 2005).
    Staff Assistant, APCO     Provide public affairs   Jul. 1999-Jan.     Voluntary
     Worldwide, Inc. (then     and communications       2000               departure, to
     APCO Associates, Inc.)    counsel to clients of                       attend
                               public relations firm                       graduate
                                                                           school
    ----------------------------------------------------------------------------------------------------------------

        The Chair. Thank you, Dr. Chen.
        We will now go to questioning. And I will start this off
    with you, Mr. Bentzel. Detention and demurrage fees greatly
    impact our shippers, and this was part of the Ocean Reform
    Shipping Act, as well as the American consumer. And between
    2020 and 2022, nine of the largest carriers serving U.S. liner
    trade charged approximately $8.9 billion in demurrage and
    detention fees above the shipping costs.
        Last week, the Commission published a final rule on
    detention and demurrage and what practices could be used to
    help cut down on costs and improve transparency. Can you
    explain how you think this new rule will help American
    businesses?
        Mr. Bentzel. Yes, Chairman. Well, I believe that what you
    did here in the Commerce Committee to provide guidance on how
    to evaluate these claims for detention and demurrage was the
    singular most important thing that we could have done, and
    challenging those that were unfairly assessed really gave a
    prescriptive set of requirements on how you should provide a
    billing and assessment to the claims.
        So I think the steps that you took to require a simplified
    process is the number one tool that we can use to challenge
    those that are unfairly assessed. We also, Chairman Maffei,
    established an audit of all of the ocean carriers to assess
    their process, and our staff works routinely with them. I think
    those two efforts have really taken a lot of the challenge that
    we would have faced ordinarily without legislative change.
        The Chair. Well, this was a very bipartisan effort,
    obviously, our colleagues, Senator Klobuchar, and Senator Thune
    taking the lead on that legislation, and then us working with
    our House colleagues, and Congressman Garamendi, to make sure
    that we got this over the goal line. But what is it in the
    transparency aspect that is allowing the U.S. to feel more
    comfortable? Is it that we are being able to discern these
    issues and thereby being able to detect something that is an
    unfair practice?
        Mr. Bentzel. You know, we do not have as much transparency
    as I would like in the ocean shipping world. If I were to take
    a--try to get an airline ticket to LA five months from now, I
    would know exactly what was going to happen and when it would--
    when it would arrive. And so I am looking at issues related to
    creating greater transparency on the system of movement.
        Really, we are now not in a position of allowing U.S.
    consumers to do advance planning or to anticipate when there
    are delays in shipping, and there are delays. And it is not
    always the fault of the carriers; it is issues related to the
    Red Sea, and Suez Canal, and Panama. But we do need----
        The Chair. Or you would say that when U.S. products--U.S.
    agricultural products were left on the docks and ships returned
    empty because they could make more money by hurrying back than
    taking U.S. products back, that was a problem.
        Mr. Bentzel. It is a huge problem. We are here to protect
    the U.S. consumer, and to ensure that services are fair and
    reasonably accessible to all parties.
        The Chair. I think our point was if you are calling on U.S.
    ports, then you have to have a fair trade; you have to have a
    fair transportation trade. You can't have mysterious practices
    where all of a sudden you have to go, and leave things on the
    dock. So that was our main point. Unfortunately, I have got to
    get to other people.
        Dr. Chen--and it may take me two rounds on all our
    questions, but that is OK we have lots of colleagues who want
    to ask questions--thank you again for your willingness to
    serve. You know, these issues about the Amtrak Board and
    experience, and you certainly have a wealth of experience, and
    so it is good to hear your love and passion for the rail
    system.
        One of the things that came up is your work, obviously,
    working for Senator Romney and the fact that some--you have
    expressed support for President Trump's (sic) budget. I just
    need to know where you are on long-distance Amtrak service?
    What are your thoughts about that?
        Dr. Chen. Chair Cantwell, thank you for the question. I am
    very supportive of Amtrak's long-distance mission. I think
    Amtrak has a couple of goals, as I noted in my introductory
    remarks. Obviously, there is a mandate for Amtrak to be run as
    a business, but more importantly perhaps, there is a public
    mission to Amtrak as well, and the long-distance component is
    critically important to the future of Amtrak. If you look
    historically, it is a big part of Amtrak's heritage as well.
        So if confirmed to the Board, I would be an advocate and
    supporter of long-distance trains and long-distance rail and
    the communities it serves throughout the United States, urban
    and rural.
        The Chair. Thank you, that is good to hear. And I am glad
    to hear of your support on the high-speed rail corridor in
    California. I am sure Californians will be happy about that. We
    obviously have our own ideas in the Northwest about what we
    would like to see, but we will get to that in a second round.
        Senator Cruz.
        Senator Cruz. Thank you, Madam Chair; and thank you to each
    of the three nominees for being here today.
        Mr. Bentzel, since the horrific October 7th massacre in
    Israel, almost one year ago, the Houthi terrorists in Yemen
    have been launching attacks on commercial vessels in the Red
    Sea. So far, the Houthis have targeted over 70 vessels,
    including U.S. flagships which resulted in sinkings, shipping
    delays, and increased costs as many vessels were diverted
    around Africa. Mr. Bentzel, you noted the Houthis are targeting
    international trade to support Hamas against Israel.
        During a recent FMC hearing, you said that you were
    evaluating whether the Houthis, quote, ``Politically generated
    attacks on international shipping are violations of U.S. and
    international law.'' You explained that, ``Yemen could be the
    target nation for failure to adequately protect the right of
    innocent passage through its territorial waters.''
        Mr. Bentzel, you clearly believe supporting the Houthis
    rocket attacks is a violation of international law, and I agree
    with you. What countries are supporting the Houthis?
        Mr. Bentzel. I am not the best person to get into that
    issue, but I believe there are some issues related to Chinese
    support of the Houthis. There are issues in Iran as well that
    affect shipping. So the issue has been a hotspot, a troubled
    area. Most nations adhere to the law of the sea, which requires
    the protection of innocent passage through their waters. And so
    looking at that, I feel reasonably comfortable in saying they
    are in violation, at least in Yemen, which is questionable in
    terms of their territorial prerogatives and sovereignty, of
    violating the articles of the--in the Law of the Sea that
    require them to protect innocent passage.
        Senator Cruz. Well, you are certainly right that both China
    and Iran have active involvement in the Houthis' attacks.
    Although the Houthis operate out of Yemen, Iran is providing
    them with money, with training, with equipment, and strategic
    information, according to the Defense Department, without
    Iran's assistance, quote, ``The Houthis would struggle to
    effectively track and strike vessels navigating shipping lines
    through the Red Sea and the Gulf of Aden. What is more, China
    is knowingly facilitating these attacks by purchasing 90
    percent of Iran's oil.'' Do you believe Iran and China may be
    violating international law themselves by supporting the
    Houthis?
        Mr. Bentzel. I would not feel qualified to get into that
    area. I do believe there is potential violations of
    International Maritime Law on the protection of access into and
    out of areas that are required for transit. I would not be--I
    could not evaluate those other areas that might be potential
    violations.
        Senator Cruz. Have you approached the State Department
    about your concerns?
        Mr. Bentzel. I have talked to the State Department about
    shipping issues related to the attacks on merchant shipping,
    yes.
        Senator Cruz. And has the State Department taken any action
    in response to your concerns?
        Mr. Bentzel. Not yet.
        Senator Cruz. OK. In your judgment, why is it important to
    address the Houthis attacks on shipping and Iran's support for
    those attacks?
        Mr. Bentzel. I mean, we go back historically, I think the
    last time that you had seen a navigational strait under attack,
    military attack, was in the 1800s when the Barbary Pirates were
    attacking access into the Mediterranean. So there has always
    been an importance on the protection of navigational straits.
    They are sort of a maritime superhighway. So I believe that
    there should be more focus on restrictions. Right now, 80
    percent of the cargo that went through the Red Sea and the Suez
    Canal is not going there.
        Senator Cruz. Thank you. Dr. Chen. Thank you for being
    here, thank you for your service. Please tell the Committee, in
    your judgment, what in your background qualifies you to serve
    on the Board of an entity that is at the intersection of both
    the public and private sectors?
        Dr. Chen. Thank you, Ranking Member Cruz, for the question.
    I believe that I bring both, experience in public policy as
    well as in business, and more importantly, in governance and
    oversight. The governance and oversight piece, Senator Cruz, I
    believe is particularly important at this stage of Amtrak's
    development and growth. I think it is important to have board
    members who understand the fiduciary responsibility that the
    Board has to the American people, to the American taxpayer, to
    you who provide funding to Amtrak. I think I have got deep
    experience particularly in the quasi-public setting, which
    makes Amtrak unique.
        I also think that given my experience in public policy,
    understanding some of the challenges and issues that lie ahead
    with respect to the implementation of the infrastructure bill,
    continued issues around how to improve customer service, and
    looking at what the future of Amtrak will be in states
    throughout this country, I think that combination of policy and
    business background would be unique to the Board.
        I would also be remiss if I did not mention the fact that I
    am from California, and I think representation of the national
    network is crucially important.
        Senator Cruz. Well, having married a native Californian, I
    will agree with that proposition as well. Thank you.
        Thank you.
        The Chair. Senator Wicker.

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

        Senator Wicker. Well, thank you, and I congratulate all
    three of the nominees for being selected----
        The Chair. If I could just interrupt, before you arrived,
    Senator Romney praised the decor of this room, and so we want
    to give due gratitude to you and your leadership for this.
        Senator Wicker. Well, yes, I think he expressed committee
    envy. OK.
        [Laughter.]
        Senator Wicker. Well, OK. If I might, before you start my
    clock running.
        [Laughter.]
        Senator Wicker. Of course, many things that begin as bad
    news turn out to be fortuitous. We were the first Committee
    during my chairmanship to have an opportunity to redecorate
    because there was a flood on one of the floors above us, and it
    had to be repaired. But I think Senator Romney should also
    speak to my wife, Gayle, about her sense of color and
    proportions. So thank you for that. And again, thank you to all
    the people who are here to serve.
        I am here today because I am absolutely delighted at Dr.
    Chen's appointment to the Amtrak Board, and I think Dr. Chen,
    you will be a great addition. And I loved what you said about
    governance oversight and the fact that this is quasi-public and
    answers both to the customers and the public, as well as to
    those of us who have a legislative sense.
        There will be, soon, perhaps in January, perhaps in
    February 2025, a new line reopened. It has been closed between
    Mobile, running through Mississippi with four stops, and going
    to New Orleans on a twice-daily basis. We are very excited
    about this. It is amazing to me that a line that had to close
    because of Hurricane Katrina, in 2005, has taken this long to
    be restored, but it has been a lot of work, and we have made a
    lot of assurances.
        As you know, Dr. Chen, the railroad companies got out of
    the passenger business in an agreement with Amtrak and the
    Federal Government that the Amtrak trains could run on the
    privately owned rail lines, and there would be an accommodation
    there. When it was clear that we were determined to reopen this
    line, there was naturally some concern, some questions by the
    freight rail lines as to how this would affect them, and
    eventually a lawsuit had to be filed by Amtrak before the
    Surface Transportation Board, which brought this matter to a
    head, and there was finally a settlement.
        The result really is that the freight lines have been
    enhanced, and that will accommodate more freight and also
    accommodate our hope to run this rail line on time and as an
    advantage to the people who live along the coastline between
    New Orleans.
        If we have a grand opening and a ribbon cutting, you are
    not averse to coming and visiting with your many, many friends
    on the Gulf Coast of Mississippi and being part of that grand
    opening, are you?
        Dr. Chen. I look forward, Senator Wicker, to visiting,
    hopefully you, and the great people of your state. And I, too,
    am looking forward to that reopening of service.
        Senator Wicker. Well, thank you very, very much. We are
    excited about it, and the governments of all three states, and
    the municipalities have been a part of this. I appreciate your
    answer to the distinguished Chairwoman about long-distance
    passenger rail. And let me just say on the record, she and I
    are together on that issue, and that answer was very reassuring
    to me.
        As someone who has had to make the trains run on time in
    other respects, do you have any thoughts about how we are going
    to make sure that the customer is going to be able, on all of
    our lines, to rely on reliable service and adherence to the
    schedules?
        Dr. Chen. Senator, thank you for the question. The first
    priority of Amtrak needs to be safety, the safe transport of
    our passengers. But certainly, reliability is a very important
    factor as well. There are a number of reasons why there have
    been challenges on the on-time issues. Some of that is because
    of the behavior of the host railroads not making available
    right of way when they have been obligated to, and that is an
    issue that, as you noted, is being addressed via litigation.
        I would also say we have to make sure that Amtrak is making
    the necessary investments in fleet, as well as in all of the
    administrative elements, to make sure that we are doing our
    part to get passengers from A to B in a safe and timely manner.
    So it is a combination, I think, Senator, of ensuring that
    Amtrak is doing its job. We also need our host railroads to do
    their job as well to ensure that passengers are able to
    reliably get from where they are at, to where they are going.
        Senator Wicker. Thank you very much. And thank you, Madam
    Chair, for passing along that compliment. You and I have been
    advocates of reliable quasi-government passenger rail for a
    long, long time, and I appreciate you continuing to ask the
    question about long-distance service. This is indeed a national
    agreement and something that should be able to work. And I will
    just tell you, I do not know why someone like Dr. Chen has not
    been nominated long ago, because he is such an excellent public
    servant, and I welcome and support his nomination. I yield
    back.
        The Chair. Thank you, Senator.
        Senator Wicker. Thank you, ma'am.
        The Chair. Thank you. I think in our last hearing of Amtrak
    Nominees, we brought up the I-10 Corridor, and just Amtrak is a
    big economic development tool that connects communities and
    builds capacity. So we are just very big fans of this whole
    discussion on long-distance service throughout the West,
    throughout the South, you know, obviously the East Coast has an
    established service, but there is more to do to knit together
    very small communities that really would benefit from this and
    the traveling public. So thank you for emphasizing that so
    much.
        While we are waiting for some of our colleagues, I am going
    to go to--oh, I see Senator Klobuchar. So we are not waiting,
    Senator Klobuchar.

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

        Senator Klobuchar. Very good. Thank you, and thank you for
    holding this hearing.
        I think I am going to start, Dr. Chen, about Amtrak here.
    Minnesota, you just added a route, Amtrak added a route between
    Chicago and Minnesota as part of the Empire Builder, I would
    like to note that it has had ridership no one expected. It is
    been very high, so we now have two routes. I think people like
    that. And so we are going to just mention how important this
    is. As you know, the Empire Builder route is one of Amtrak's
    largest rail lines, provides a vital link, and contributes
    greatly to the economy. Can you speak, Mr. Chen, about the
    economic importance of long-distance routes? Because I know
    there is a lot of emphasis on the East Coast, get it, but how
    important is that for rural communities?
        Dr. Chen. Thank you, Senator Klobuchar. The Empire Builder
    is an impressive route that starts out in the west, actually,
    Senator Cantwell, and makes its way through the Upper Midwest
    states. All of Amtrak's long-distance routes are of critical
    importance to the economies of the states through which they
    run.
        We are talking about a few elements, Senator Klobuchar.
    First of all, it is not just the well-paying good jobs that
    Amtrak itself creates, but also the economic vibrancy of the
    towns through which these routes run. It plays an important
    role in generating economic growth in those towns, but also,
    more importantly, provides for tourism and various elements
    that allow people to see parts of the country that they would
    not be able to see otherwise. And so I think that that is why
    long distance is an important element of this; it is because it
    gives people that opportunity.
        Senator Klobuchar. Yes, and one pitch I want to make is
    that there is--that DOT has prioritized its Northern Light
    Express route from Twin Cities to Duluth, and we are still
    working out some details on that. But it has been trying--we
    have been trying to get it done for quite a while, so I hope it
    is something that you can look at.
        Commissioner Bentzel, thank you for your work on the Ocean
    Shipping Reform Act, for implementing it. I understand that the
    Federal Maritime Commission has already received over twice as
    many new cases in the first two months of 2024 as in the entire
    year of 2020. Could you talk about how the Ocean Shipping
    Reform Act has empowered shippers to file complaints about
    unreasonable practices?
        Mr. Bentzel. Well, thank you for the question, Senator. It
    has been a big change. The market is relatively restricted in
    that there are only a few carriers, 10 or 11, that are
    internationally providing services. So there has always been a
    little reticence about trying to engage and protect yourself. I
    think the work that you did, and your colleagues did on the
    Committee----
        Senator Klobuchar. Senator Thune, I would note, was the
    lead Republican on it, yes.
        Mr. Bentzel. OK. Senator Thune, and you, and all of those
    that did that, set up a simplified process for challenging
    these complaints. I think that was the singular most important
    thing that occurred to change the willingness to challenge
    what, in certain cases, can be allegations of unfair treatment
    and penalties that would be implemented as a result of that. We
    have also taken some steps in the Agency. Our Chairman directed
    an audit of all of the ocean carriers to review their
    practices.
        So we sort of have a carrot-and-stick approach to upgrading
    these invoices, to make sure they are fair, but there were just
    an immense amount, I guess I think in total $12 billion of
    assessments over the course of the pandemic when you had
    congestion, and it was difficult to pick up cargo, and retrieve
    cargo, and put your containers back. So I give a lot of the
    credit to this Committee for what we have been able to achieve.
        Senator Klobuchar. Thank you. Mr. Chapman, I have worked
    hard on a train derailment issue in Raymond, Minnesota, with
    the rail company, with Burlington Northern, as well as with the
    NTSB. I appreciate that, and I am glad we passed the Railway
    Safety Act last May. I think I will ask you a question on the
    record about that, but in my remaining time, I wanted to ask
    you about close calls and runway incursions.
        There have been an alarming number of close calls on
    runways in recent years. A recent collision in January at the
    Tokyo Airport and some close ones in the U.S., we need to
    ensure planes are equipped with, of course, existing technology
    that would alert pilots to the presence of other planes on the
    runway. Could you talk about how that technology would make
    planes safer and what else we should be doing to ward off what
    could be accidents with disastrous consequences?
        Mr. Chapman. Absolutely, Senator. And thank you for the
    question. It is not a matter of just technology in the
    airplane; it is also technology at the airports to----
        Senator Klobuchar. Exactly.
        Mr. Chapman.--to ensure that we are able to detect when an
    incursion is occurring or is about to occur, and then ensure
    that the people who most need to know that are alerted. That
    includes controllers, but also those operating the aircraft,
    the crews onboard the aircraft. We have technology that can do
    that. We need to ensure that that technology is in place and
    functioning. We have an outstanding safety record over
    particularly the last 15 years, but there are some serious red
    flags that all of us are aware of, and all of us are taking
    very seriously. We need to pursue those and ensure that we
    address whatever is occurring out there that is resulting in
    this uptick in close calls.
        Senator Klobuchar. Very good. Thank you.
        And thank you, Madam Chair.
        The Chair. Thank you, Senator Klobuchar. And we did give
    you and Senator Thune praise for your work in getting the Ocean
    Shipping Reform Act before the Committee, and everyone's hard
    work, and our colleague Congressman Garamendi----
        Senator Klobuchar. Yes.
        The Chair.--for his work in the House.
        Senator Klobuchar. And Rusty of South Dakota, Rusty
    Johnson.
        The Chair. Yes.
        Senator Klobuchar. But it would not have happened without
    you, Madam Chair, so thank you for your work.
        The Chair. Well, thanks to everybody. I think that is the
    way we solve these changing supply chain issues. So we are glad
    that Congress, on this particular point, paid attention to give
    our farmers really, and some of our other shippers, really, the
    type of backup that they needed to deal with international
    carriers. So I am very excited about what the FMC has been able
    to achieve. But again, thank you for your leadership.
        Senator Klobuchar. Thanks.
        The Chair. We will now, as we are waiting--oh, I see
    maybe--Senator Capito, if you would like to go, that would be
    great, if not, I can give you a minute, so it is up to you.
        Senator Capito.

                STATEMENT OF HON. SHELLEY MOORE CAPITO,
                    U.S. SENATOR FROM WEST VIRGINIA

        Senator Capito. Yes. Thank you, Madam Chair. Thank you to
    all of the three gentlemen for being willing to take on some
    onerous roles. And I appreciate that.
        I am going to start with the NTSB candidate, and I would
    like to ask you--and we talked about this in my office, on the
    train derailment issue in East Palestine. What lessons did the
    NTSB learn from the way you reacted and the way the reactions
    were that we can help with the community response, in
    particular, that we talked about, to be able to make sure that
    the community gets, not just the full information, but as
    quickly as possible?
        Mr. Chapman. Yes, thank you, Senator. And I enjoyed our
    visit yesterday, and I enjoyed our discussion about this issue,
    which is very important. Certainly, there were lots of lessons
    learned from the investigation itself. I have to say, from a
    sort of a process standpoint, as I indicated when we spoke
    yesterday, I felt that the onsite visits--the onsite meetings
    that we convened in East Palestine last--summer before last, a
    two day investigative hearing, and then in this past summer our
    final meeting and the adoption of our report.
        I felt that those were incredibly productive, helpful
    exercises in terms of demonstrating support and concern,
    listening to the community, and helping the community
    understand that there are people out there that are sensitive
    to their concerns, and the harm that they have suffered as a
    result of that horrible accident. I think that it is not
    something we can do all the time, but I do think it is
    something that is a very useful exercise when you have a
    particularly egregious incident like East Palestine.
        Senator Capito. Yes. And I think something that you told me
    yesterday that stuck with me, and I think is certainly true in
    cases like this, is that people want to be heard. They want to
    feel like you care, that you are listening, and that whatever
    formulations you are taking in are going to have an impact on
    what your decisions might be in the future. So I appreciate
    that.
        Mr. Chen, again thank you for the visit. And a topic I
    brought up with you, and if you ascend to the Board, which I
    plan to support your nomination for that, the prices at Amtrak
    are going up, some of them pretty steep, particularly what I
    see at the Northeast Corridor. How do you address that? I mean,
    not so much do you bring them down; I am not asking for that
    kind of promise. I am asking, what kind of lens do you look
    through when you are looking at pricing?
        Dr. Chen. Senator Capito, thank you for the question. I
    think it is something I look forward to digging into. There is
    obviously a business question, which is what is the optimal
    pricing to ensure that all the different factors that need to
    be accounted for are accounted for. But there are other factors
    as well. For example, we want to make sure that we are
    investing in the right technology so that the rails are safe. I
    think that is important. We want to make sure that we do
    everything we can to keep the trains timely, and all that
    requires resources. So it is something I look forward to
    looking into more if I am confirmed, because certainly, we also
    want it to be affordable. We want people to be able to access
    the rail experience as well.
        Senator Capito. Right. And it is--obviously it is important
    in certain corridors for ease of traffic. You know, as I always
    say, you want to make sure the trains run on time, but at the
    same time, it is rather eye-popping, at least for me, when I
    look to price a ticket. It seems as though the prices have gone
    up. The only change I see in the service, and it has been very
    much on time, which I appreciate, has been the assigned
    seating, which I hear people grousing about all the time. But I
    actually, I kind of like it because then you know where you are
    going. You know where you are going to sit. So I would
    encourage you to keep that aspect of it.
        Mr. Bentzel, I have been asked about the--and excuse me if
    you have been asked this question, and welcome--about the
    possibility of a dockworker strike. This would have really
    devastating effects on all kinds of goods and services as we
    are moving into the holiday season, I am sure that is something
    that a lot of merchants are thinking about as well. Where are
    you all on this, and do you have any indications of what the
    administration is thinking?
        Mr. Bentzel. Well, statutorily, our agency is actually
    immunized from the collective bargaining process. We are not
    supposed to get involved in it; we are more involved on the
    consumer side. So we have provided some advice to consumers who
    may be impacted, shipping consumers, to ensure that they still
    have rights and protections at the Federal Maritime Commission
    that went out yesterday. It is a big--huge economic concern. It
    worries me because of the volume of trade that our economy
    needs and relies on.
        So it is in the collective bargaining process, which is
    sort of immunized from a lot of the other elements of
    government. So I am hopeful that they will get an agreement to
    not go into a work dispute. I am in contact when the
    administration calls to ask about some of the industry
    participants, and I will continue to do that on an ad hoc
    basis, but we are mostly out of the game other than protecting
    the rights of consumers during a strike.
        Senator Capito. Let me just add one quick little follow-up
    question here just for history and my own edification. They
    renegotiate every 5 years, correct? Am I correct on that?
        Mr. Bentzel. It depends, but there is--basically an
    agreement, coastwise agreement on the West Coast that covers
    Vancouver to San Diego, and then an Atlantic and Gulf Coast
    agreement. So they can negotiate the terms, but five or six
    years is usually the term.
        Senator Capito. OK. Is it customary that we get this close
    to a--I mean, have we gotten this close to a strike in the
    recent past?
        Mr. Bentzel. No.
        Senator Capito. No.
        Mr. Bentzel. In the East Coast, traditionally there has
    been a little bit more labor peace freedom; it has been a
    little bit more contentious on the West Coast. In this case,
    what happened was the ocean carriers had incredible profits
    during the pandemic, and the labor union was not with a rate
    structure that reflected that, so they are far apart on wages.
        Senator Capito. I see. All right, thank you.
        Thank you, Madam Chair.
        The Chair. Thank you, Senator Capito.
        I am going to turn to you now, Mr. Chapman, but I just want
    to say to my colleagues, if there is anybody else who plans to
    come to the hearing, now would be a great time to do it.
    Otherwise, after my questions, we will probably close out.
        But Mr. Chapman, I did not get a chance to ask you in the
    first round, so I have a couple of different issues I want to
    cover. First, June of this year marked the 25th anniversary of
    the Olympic Pipeline Explosion in Bellingham, Washington, which
    killed three children. The company's negligence was so severe
    that multiple company executives were sentenced to jail, and
    the judge in the case decried the lack of effective Federal
    oversight.
        One of the issues we have had concern about is the lack of
    resources preventing NTSB from being an effective safety
    watchdog in the accident part. The Board failed to investigate
    the 2022 Keystone leak, which resulted in the largest onshore
    oil spill in the last decade, and another leak in Mississippi
    which struck dozens of people, making them sick. So the FAA
    Authorization Bill, which we all fought hard for here,
    authorized an eight percent increase in funding for NTSB. How
    would those additional resources help the NTSB effectively
    investigate accidents in the pipeline area?
        Mr. Bentzel. First of all, Madam Chair, thank you to you
    and the Committee for your support and your good work on the
    FAA Reauthorization, generally, but specifically with regard to
    the NTSB component of that. Very important, and very important
    with respect to the resources made available to us, the
    authorized funding levels. The staffing is certainly our
    biggest challenge at NTSB. We are a small agency, and we can
    only be where we have the staff to allow us to be.
        And so the increase in funding that we have seen over this
    last year, or so, and the increase in reauthorization is very
    helpful to us with regard to those staffing levels, pipeline
    and rail to the areas where we, frankly, need the most help I
    think. That and highway, I would say, where we have some real
    challenges.
        The Chair. What is the expertise do you think we need at
    NTSB on pipeline?
        Mr. Bentzel. Well, the sorts of folks, first of all, that
    have that kind of expertise--that is a fairly limited group of
    people, so we need to be able to attract those people to the
    Agency and ensure that we can make it attractive enough for
    them to stay. But we need folks that do have experience and
    expertise in pipeline issues, and the increased resources will
    help us in that regard.
        The Chair. Thank you. You mentioned in your opening
    statement about traffic fatalities and the leading cause. Last
    year we had over 40,000 people die in accidents on our road.
    You are saying intoxicated driving and speeding are two of the
    biggest issues. What are the most important things that we can
    do now to improve safety on our transportation system?
        Mr. Chapman. Well, we have a lot of tools in the toolbox. I
    believe strongly that with regard to, frankly, what I see as
    the three biggest challenges, certainly impairment, alcohol
    impairment, specifically, is still a huge problem for us.
    Speeding, excessive speed, and then distraction as well. I
    believe that technology has a major role to play in helping us
    address those issues going forward.
        We have a lot of technology on our automobiles right now
    that, frankly, a lot of folks are not even aware is there, they
    do not know. And that is not all bad because often it is
    working passively. But there is more we can do with regard to
    alcohol impairment. We have recommended the installation of
    passive alcohol detection technology on all newly manufactured
    vehicles, or driver monitoring systems that can detect alcohol
    impairment as well as, by the way, fatigue or distraction. Or
    those technologies in combination, we think that that has a lot
    of potential for addressing alcohol impairment going forward.
        We believe that with regard to speeding, intelligent speed
    assistance, a technology that will, at a minimum, warn a driver
    when they have exceeded the speed or has exceeded by a certain
    amount. Distraction, again, driver monitoring systems hold a
    lot of promise. There are plenty of other tools that we are
    working on, we are advocating for, a 0.05 blood alcohol content
    with regard to alcohol impairment. We would like to see all the
    states adopt 0.05. I spent a lot of time on that issue, but I
    do think technology has a lot of promise moving forward.
        The Chair. And does the NTSB have the expertise in emerging
    technologies?
        Mr. Chapman. We do have that expertise, and these are major
    areas of focus for us in terms of traffic safety.
        The Chair. Well, I think this would be a subject that the
    Committee would like to hear about in the future and understand
    that expertise and those recommendations and the illumination,
    as Chair Homendy has said in the past, the lessons of an
    accident investigation and what are like the top ten things we
    should do. I think that would be, particularly, as it relates
    to our highways, something the Committee should look at in the
    future.
        Mr. Chapman. I know the Chair would agree with me, this
    is--or Chair Homendy would agree with me, this is our number
    one concern, our number one priority is getting our arms around
    the tragedy on our highways.
        The Chair. Thank you. If I could turn to the NTSB's two-day
    investigation hearing on August 6 and August 7 into the Alaska
    Airline Flight 1282 door plug accident. The Board examined the
    FAA's oversight of manufacturers, including production line
    audits. The FAA 102 audits from January and February of this
    year found widespread safety failings at both Boeing and Spirit
    aerosystems, even after the FAA told me in an April letter that
    they had conducted a collection of 298 audits of both
    manufacturers in the past years. This was an effort with then
    Acting Administrator Billy Nolen to get a response to the need
    for audits.
        At NTSB's investigative hearing, the FAA highlighted its
    work to implement enhanced, across the aviation system safety;
    however, after hundreds of FAA audits over the last two years,
    we are still seeing persistent production quality issues, so
    this does not reassure the traveling public that the FAA is
    identifying, proactively, the issues in front of the Agency.
    Let alone the issues about the manufacturers, but its oversight
    in general.
        Based on the NTSB's preliminary investigations, do you
    think it is important for the FAA to have an effective
    agencywide Safety Management System to strengthen the
    coordinated effectiveness oversight?
        Mr. Chapman. I do, Senator. And I support the concepts that
    are represented in the legislation that I know that you have
    introduced. We are big advocates of Safety Management Systems,
    and that certainly is not limited to private sector operators.
    I think there is a lot to be said for embracing the principles
    of Safety Management Systems in government and at the FAA.
        As you, undoubtedly, saw during the hearing, there are, I
    would say, three areas that we are particularly focused on. And
    I do not want to get too far ahead of our investigators on
    this, but at least in terms of the way I saw the discussion at
    the hearing, certainly we want to find out exactly what
    happened, specifically what happened. But we also are focused
    heavily on Boeing's safety culture, but also FAA's oversight.
    And I would go so far as to say FAA's safety culture as well.
        The Chair. Well, I think in that regard that is why we have
    called for an SMS, but instead of just--I think where the
    Committee has been, as people allowed for a voluntary SMS, you
    can see through the expert panel testimony, a lot of confusion
    on the ground out at Boeing, about what that even means, or if
    there is one safety system or reporting.
        I did like that, FAA Administrator Whitaker did testify
    before this Committee that, yes, the workforce should have a
    direct pipeline system. That is, be able to raise safety
    awareness issues directly to the FAA without being, somehow,
    gone through a process first at the company. So I very much
    appreciated that. But we need the FAA to have a robust safety
    system, management system too. And so, I think we, Senator
    Duckworth and I, the Co-Chair of the Subcommittee, have looked
    at this issue and thought the expert panel did such great work,
    that exactly how an SMS would be used at the FAA would be a
    helpful tool, as opposed to just going through another process
    where somebody implements a half-step on safety management
    system.
        I do not know if you could speak to this, but the Board's
    consideration of FAA production line audits during the
    investigation, do you think it is important the FAA be able to
    conduct surprise audits or short notice on these safety and
    quality issues?
        Mr. Chapman. I know that your legislation that you and
    Senator Duckworth have put forward calls for shortening the
    timeframe, I do not know that we have a recommendation; I do
    not believe we do have a recommendation on that specifically. I
    personally support it. I think that these audits are effective
    when they are conducted on relatively short notice. We should
    not be, essentially, signaling that this is coming and allowing
    operators and manufacturers to sort of clean up the place
    before the audit occurs.
        The Chair. Thank you. Thank you for that. And again, thank
    you for your willingness to serve another term. I thought if I
    put out a clarion call for all members that somehow my
    colleague from Alaska would show up.
        And so would you like to ask questions now, Senator
    Sullivan?

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

        Senator Sullivan. I just have one question. Safety, I
    always think about safety and vulnerability, and I do not want
    to give bad people ideas, but you know, occasionally when you
    drive--and when you take Amtrak, you see vulnerabilities. So
    how do we--what are we thinking about, you know, you have had
    some--you have had some issues on trains in Europe and stuff,
    how are we thinking about that? Mr. Chen.
        Dr. Chen. Senator, thank you for the question. I think,
    first of all, we need to make sure that we are investing enough
    in the infrastructure that we need to ensure the safe passage
    of passengers on Amtrak rails.
        Senator Sullivan. But you know what I mean? If like a bad
    guy wants to get on a train and do some damage to passengers
    the way they have done on airplanes. That it looks like--again,
    I do not like giving people ideas, but I hope we are doing
    more, like I hope we have more kind of stuff going on, that
    maybe you do not see as a rider. Do you know what I mean?
        Dr. Chen. It is something, if confirmed, Senator, I will
    commit to working on. I think it is important, and I agree with
    you because safety should be the first priority. No question
    about it.
        Senator Sullivan. And just a maybe a kind of deep dive on
    vulnerabilities, given what has happened in, you know,
    passenger trains overseas.
        Dr. Chen. Senator, certainly that is something I am happy
    to commit to, if confirmed.
        Senator Sullivan. OK, thank you. Thank you, Madam Chair,
    that is the one question I had.
        The Chair. Thank you, Senator Sullivan. And I am assuming,
    Dr. Chen, that Amtrak working with other agencies on threats
    and on hardening the safety procedures are a critical aspect of
    what you think needs to happen?
        Dr. Chen. Indeed, Chair Cantwell, that interaction is very
    important.
        Senator Sullivan. What we do not want to have happen is
    have something happens and then we react. You know what I mean?
    We need to be proactive, and if you get on and just walk
    around, you can see vulnerabilities. I do not want to make it
    like getting on an airplane, but we can still do a lot to
    prevent, you know, bad guys from hurting the Amtrak passenger
    and scaring people.
        The Chair. Thank you.
        Senator Sullivan. Thank you.
        The Chair. Thank you, Senator Sullivan, thank you for being
    here this morning.
        Before we close today's hearing, I have one more question,
    which is to ask all the nominees, if confirmed, will you pledge
    to work collaboratively with this Committee, and provide
    thorough and timely responses to our requests, and information
    that, as we put together and address important policy issues,
    appear before the Committee, as requested?
        Mr. Bentzel. I will.
        Mr. Chapman. Yes, Madam Chair.
        Dr. Chen. Yes, Madam Chair.
        The Chair. Thank you for that commitment. I kind of thought
    that would be the answer, and very much appreciate that.
        Senators will have until close of business Monday,
    September 30, to submit questions for the record to the
    Committee. Witnesses will have until close of business October
    7 to respond to those questions.
        Thank you all, again, for being here, and for your
    testimony.
        That concludes today's hearing.
        [Whereupon, at 11:18 a.m., the hearing was adjourned.]

                                A P P E N D I X

      Response to Written Questions Submitted by Hon. Tammy Duckworth to
                              Hon. Carl W. Bentzel
    People's Republic of China Shipping Dominance
        It is no secret that China has become the world's leading
    shipbuilder. In terms of gross ship tonnage, China, Korea and Japan
    build over 90 percent of the total world tonnage. The United States
    builds about 0.2 percent. At the end of 2022, it was reported that
    China had 1,794 commercial ships under construction and the U.S. had 5.
    This is in spite of Federal programs to support and boost U.S. domestic
    commercial ship building.

        Question 1. How will you continue your work on the Federal Maritime
    Commission to improve U.S. competitiveness in the commercial shipping
    industry?
        Answer. I will continue to work on behalf of the U.S. shipper and
    exporter in ensuring that they receive timely and reasonable ocean
    liner service. This means keeping abreast of industry trends as well as
    ensuring, along with my colleagues, that the Federal Maritime
    Commission (FMC) continues to process complaints and utilize its
    enforcement capabilities, when appropriate. I am committed to this
    premise, and consistent with other statutory and legal obligations,
    will continue to promote the need for a robust U.S. shipping industry.
        Finally, the FMC has authority under the Foreign Shipping Practices
    Act and Section 19 of the Merchant Marine Act, 1920 to investigate
    actions impacting shipping in the foreign commerce and take certain
    actions to remedy unfavorable conditions. Additionally, FMC statutes
    require additional scrutiny of government-controlled carriers, most of
    which are owned by China. I favor aggressive utilization of these
    statutes when considering issues impacting our Nation's maritime
    industrial base.

        Question 2. How can the Federal Maritime Commission work with the
    Maritime Administration and other maritime agencies to increase the U.
    S's focus on expanding our shipping capabilities?
        Answer. The FMC does work and collaborate with the Maritime
    Administration whenever possible. The Maritime Administration is the
    promotional arm of the U.S. maritime industry, while the FMC is the
    regulatory arm. Both serve an important purpose. As an FMC Commissioner
    I believe it is important the U.S. maritime industry continue to expand
    its presence in the supply chain discussions. These discussions will
    lead to great understanding of the need for the U.S. to expand its U.S.
    maritime capabilities, which I am committed to fostering.
                                     ______

          Response to Written Questions Submitted by Hon. Ted Cruz to
                              Hon. Carl W. Bentzel
    Maritime Transportation Data Initiative
        You have spent a considerable amount of time on your Maritime
    Transportation Data Initiative (MTDI), which recommends a suite of
    regulations to require data sharing. Several stakeholders have raised
    concerns about the burdens of your MTDI proposals. For example, the
    Houston Port Authority and the Northwest Seaport Alliance noted they do
    not have all the information you would require ports to share, as well
    as that there would be significant costs for the software, more
    personnel time required, and additional data server capacity needed to
    share the data.

        Question 1. Considering your recommendation to mandate ocean
    carriers, marine terminal operators (MTOs), ports, and railroads to
    share the data you described in the MTDI, how much will your
    recommendations cost in money and resources for these stakeholders to
    implement? Please provide a dollar amount for the cost.
        Answer. Before drafting the initial MTDI Recommendations and Views,
    I convened 18 one-hour meetings that included over eighty supply chain
    experts. These meetings were public and are currently housed on the
    Federal Maritime Commission (FMC) YouTube channel. In these meetings
    the same four questions focused on information availability and
    information sharing were asked of each meeting participant. Industry
    meeting participants spanned the supply chain, ranging from truck
    drivers, Class 1 railroads, technology companies, BCOs, chassis
    providers, terminals, ocean carriers and Federal government partners.
        Throughout every meeting, what became evident was that all
    stakeholders were running into the same problems, lack of visibility,
    lack of timely information, lack of a standardized lexicon that often
    led to additional miscommunication. I do not have an exact cost that
    this level of inefficiency cost the U.S. economy, but conservatively
    the lack of reliable ocean shipping information has cost our Nation
    billions of dollars.
        As for mandating, we are still refining where, and if, within the
    supply chain these mandates should occur. The MTDI seeks to establish
    an agreed upon common practice for information attendant to the
    movement of goods for those cargo movements subject to FMC regulation.
    The MTDI recommendations do not require the FMC to collect data or
    store data but would require the ocean carriers to provide reliable
    updated schedule and arrival information using the internet. The
    recommendations would not require the creation of new data sets, and
    information would largely continue to flow through existing private
    sector resources. Simply put the recommendations would require ocean
    carriers to share operational information in a timely and efficient
    manor for the purpose operational fluidity. This information is already
    available, but not always readily shared.
        The MTDI recommendation for Marine Terminal Operators (MTO) would
    require a terminal provide advance information on terminal access and
    to harmonize the status of cargo while under its control. The
    harmonization recommendations were made, after consultation with
    terminal operating systems companies, to make sure that harmonization
    could be made within the construct of existing data and technology.
    Importantly, in my view the recommendation does not compromise
    competition, because information on shipper cargo would be required to
    be kept confidential, as it is currently, but rather reduce
    inefficiency by allowing a shipper to receive more reliable information
    to help with cargo delivery or retrieval.
        The MTDI as it is proposed now would not cost operators substantial
    additional funding or resources, however, it would require operators to
    convey operational information that could impact the shipment to
    colleagues that provide outward facing Internet informational service.
    I have been in continued dialogue with both the Port of Houston and the
    Northwest Seaport Alliance over the course of the development of the
    MTDI recommendations and agree that they do not have the necessary MTDI
    information to share, but both ports shared with me their interest in
    receiving more reliable data to allow them to manage their terminals
    and ports. Technology costs for the ports to collect information will
    not be insubstantial, in the overall scheme a relatively lower cost
    vis-a-vis other infrastructure costs, but I believe the government has
    a role in supporting the implementation of this technology.
        Ranking Member Cruz, I cannot provide an estimate at this point on
    cost. However, the recommendation in its current form would not require
    any new data formulation, all information is already collected and
    available. The data would not be required to be transmitted or
    collected in any other format than what it is currently provided, i.e.,
    the internet. The primary cost would be the cost of operational
    personnel transferring more frequently updated and reliable information
    within their own company to those operational personnel managing
    company websites.

        Question 2. What software, personnel, and data server capacity do
    you expect these entities would require complying with the MTDI? Please
    be specific about the costs and feasibility of acquiring such
    resources.
        Answer. MTDI is technology-neutral and does not recommend software
    or data server capacity, it only requires information to be available
    through an Application Programming Interface (API). MTDI is simply the
    establishment of practice in sharing information in a timely manner.
    Already every carrier, marine terminal and port has in place the
    information system to deliver this information. This operational
    information will be shared at some point, the MTDI recommendation
    focusses on squeezing the inefficiency out of supply chain operations
    by ensuring reliable information on a timely basis. The cost would be
    nominal and is highly dependent on the sophistication of the entities
    operational and information sharing structure.

        Question 3. Given the MTDI requirements are expected to be, ``a
    major undertaking and a financial risk for ports,'' have you considered
    whether ocean carriers, ports, MTOs, and railroads may have to raise
    prices to meet the requirements described in the MTDI?
        Answer. Given that there is no technology requirement and that the
    information to be shared is already collected and generated by MTOs,
    ocean carriers and railroads, I would not anticipate that industry
    would have to raise prices to meet the information reliability standard
    that is proposed by MTDI.

        Question 4. What is the FMC's statutory authority to mandate these
    data sharing requirements on railroads?
        Answer. The FMC's statute was amended under the Shipping Act of
    1984 to provide clarification that ocean carriers and non-vessel-owning
    carriers (NVOCC's) had authority to provide international intermodal
    shipping contracts by defining carrier authority to offer through rates
    for through transportation (46 U.S.C. Sec. Sec. 40102(25)(26)).
        The FMC does not have any explicit authority over a railroad acting
    independently as they are not subject the prohibited acts section of
    our statute, which is only applicable to ocean common carriers, marine
    terminal operators, Ocean Transportation Intermediaries (FMC regulated
    entities). However, in instances where a railroad delivers cargo as a
    subcontractor for an ocean carrier the FMC is not restricted from
    reviewing all aspects of the practices of the intermodal move.
        In pertinent part 46 U.S.C. Sec. 41102(c) requires FMC regulated
    entities to ``establish, observe, and enforce just and reasonable
    regulations and practices relating to or connected with receiving,
    handling, storing, or delivering property''.

        Your MTDI report endorses the lexicon developed by the Digital
    Container Shipping Association (DCSA) to impose the recommended
    reporting requirements. However, DCSA, in comments responding to the
    MTDI, said that mandating a standard would be counterproductive because
    it could pause industry efforts to voluntarily adopt standards.
    Moreover, updating standards through regulation would be much slower
    and harder to do in response to changes in the industry.

        Question 1. Given this concern from DCSA, whose standards you
    endorsed, do you share DCSA's concerns that new mandates would slow
    adoption of those standards?
        Answer. DCSA has a large standard setting agenda, primarily focused
    on ocean carriers, and has done a good job getting consensus within
    most of the global shipping industry. For instance, they provide a wide
    range of materials harmonizing the process of soliciting and booking of
    cargo, and implementation of electronic Bills of Lading and other trade
    facilitation areas. We have worked closely with them on one area of
    focus, and that was the DCSA Track and Trace methodology, in order to
    facilitate the transparency of the container movement. The lexicon
    selected was only selected to implement a Track and Trace Methodology.
    The MTDI recommendation is to implement the DCSA methodology and as
    such it does not rely on standards but would require implementation of
    this methodology through timely reporting. The industry has not adopted
    voluntary standards to implement more reliable shipping information.

        Question 2. Do you share DCSA's concerns that mandating standards
    could make it more difficult to amend the standards in the future to
    address changes in the industry because any changes would have to go
    through a formal FMC process?
        Answer. The MTDI recommendation is to implement the DCSA
    methodology and as such it does not rely on standards but would require
    implementation of this methodology through timely reporting. I believe
    that the supply chain is always in evolution. The MTDI is not intended
    to lock companies and entities into an operational standard that would
    hinder efficiency and operational flexibility. Rather, establishing an
    operational practice where information is shared in a timely and
    efficient manor will be a process that will evolve and, in many cases,
    foster innovation.

        Question 3. Have you consulted with DCSA to determine, or otherwise
    evaluated, whether the very proposal of mandatory standards might have
    already begun to chill voluntary adoption? If so, what methodology have
    you employed to conduct the evaluation?
        Answer. Yes, I have talked with DCSA throughout this process. It
    has been a collaborative effort. They have been great at keeping us
    abreast of their standards and how and when they have been implemented.
    To date, we have not yet found any area where MTDI recommendations
    differ from the proposal by DCSA for implementation of their Track and
    Trace methodology, and we continue to talk regularly.
    Inflation
        Question 1. In your written testimony, you said the transportation
    and supply chain challenges during the pandemic were, ``the most
    singularly important factor in driving inflationary cost.'' Do you
    believe that government spending contributed to inflation, yes or no?
        Answer. Yes, I do, in part.
    Independence of FMC
        Question 1. Do you believe the Federal Maritime Commission is an
    independent agency? If so, please describe in your own words what that
    means.
        Answer. By statute, the Federal Maritime Commission is ``an
    independent establishment of the United States Government.'' 46 U.S.C.
    46101(a). When the Commission was first created under Reorganization
    Plan No. 7 of 1961, that Plan explained that the ``Commission shall not
    be a part of any executive department or under the authority of the
    head of any executive department.'' What that means to me is that my
    role as an independent Commissioner is to evaluate and enforce our
    statutes separate and apart from the considerations of any executive
    department.

        Question 2. To whom do you report as a Commissioner?
        Answer. As a Commissioner, I officially report to the President of
    the United States. I also work with my fellow Senate-confirmed
    Commissioners and the Chairman. The Chairman manages Agency operations
    and is required to consult with Commissioners on operations. And of
    course, I am responsive to the U.S. Senate and U.S. House of
    Representatives.
                                     ______

        Response to Written Questions Submitted by Hon. Dan Sullivan to
                              Hon. Carl W. Bentzel
        During the negotiation of the Ocean Shipping Reform Act of 2022,
    Congress debated extending the FMC's authority to regulate additional
    parties, to include Intermodal Equipment Providers. That authority was
    intentionally excluded from that legislation. The FMC's ruling in IMCC
    vs. OCEMA (Docket #20-14) goes against Congressional intent.
        The FMC denied a petition for reconsideration on IMCC vs. OCEMA,
    cited that the ruling was ``not final''. Despite this, the FMC recently
    announced that the Bureau of Enforcement, Investigations & Compliance
    was launching an investigation in response to reports that chassis
    providers are not complying with a cease-and-desist order issued by the
    FMC on February 13.

        Question 1. What authority does the FMC have to investigate the
    alleged non-compliance despite the ruling not being final?
        Answer.

        1. Intermodal Motor Carriers Conference v. OCEMA

        As background, a brief review of the Federal Maritime Commission's
    decision in Intermodal Motor Carriers Conference v. OCEMA (OCEMA) may
    be helpful. Docket No. 20-14, 2024 WL 641501 (FMC Feb. 13, 2024). The
    decision addresses motor carriers' (truckers) claims that ocean common
    carriers and their associations (OCEMA Respondents) imposed rules and
    restrictions that unreasonably and unjustly prevent truckers and
    shippers from negotiating with and using the chassis provider of their
    choice. Ocean common carriers (and other entities regulated by the
    Commission) are prohibited by 46 U.S.C. Sec. 41102(c) from establishing
    and enforcing unjust or unreasonable ``regulations and practices
    related to or connected with receiving, handling, storing, or
    delivering property.'' The Commission found the OCEMA Respondents'
    rules assigning an exclusive chassis provider for merchant haulage and
    using that requirement to their financial advantage to obtain lower
    chassis rental rates for themselves violates section 41102(c). When
    shippers choose merchant haulage, they are responsible for arranging
    and paying for the chassis rental yet were deprived of the opportunity
    to negotiate rates and service terms with the chassis provider of their
    choice. The Commission ordered the OCEMA Respondents to cease and
    desist these unlawful practices.
        The cease-and-desist order only requires action and rule changes by
    the OCEMA Respondents--all of whom are ocean common carriers obligated
    to comply with section 41102(c) and other Shipping Act prohibitions. It
    does not direct the chassis providers to take any action or cease
    engaging in any practice. To the extent that chassis providers may be
    affected indirectly by changes the OCEMA Respondents make to their
    contracts and business practices, that is the result of how the OCEMA
    Respondents chose to structure their business and contractual
    relationships with the chassis providers and how they decide to change
    those rules to comply with the cease-and-desist order.
        Regulated entities cannot evade Shipping Act restrictions or
    Commission oversight by incorporating terms in their contracts with
    third parties, then claiming those terms render their practices exempt
    from Commission review or Shipping Act compliance because discontinuing
    them will disrupt third parties' business operations. If that were
    permissible, regulated entities could evade compliance by simply
    incorporating questionable rules or practices into their third-party
    contracts, then invoking repercussions on third parties to justify
    noncompliance with the Shipping Act and Commission orders.
        The Commission has not yet ruled on the OCEMA Respondents' motion
    to reconsider the February 2024 decision and cease and desist order.
    The Commission issued an order holding that motion in abeyance until
    Administrative Law Judge Erin Wirth resolves other claims that remain
    in the case.

        2. Commission Authority to Enforce the Cease-and-Desist Order

        The Commission has received informal reports that the OCEMA
    Respondents are not complying with the cease-and-desist order. If those
    reports are true, the OCEMA Respondents are violating the Shipping Act
    (section 41102(c)) and the cease-and-desist order on an ongoing basis.
    The Commission directed its Bureau of Enforcement, Investigations, and
    Compliance (BEIC) to investigate the OCEMA Respondents' current
    practices for merchant haulage so that it has verifiable information
    and a reliable basis for determining whether there are grounds for
    seeking injunctive relief 46 U.S.C. Sec. 41307(a) to halt ongoing
    violations. BEIC is conducting the investigation under the Commission
    rules governing non-adjudicatory investigations. See 46 C.F.R.
    Sec. 502.281-291.
        The Shipping Act authorizes the Commission to investigate ``any
    conduct'' that it ``believes'' may be in violation of the Act. 46
    U.S.C. Sec. 41302(a). This investigative authority is directly tied to
    authorization under section 41307(a) to seek a temporary restraining
    order or preliminary injunction to halt conduct that violates the
    Shipping Act. Section 41307(a) provides that:

            In connection with an investigation under section 41301 or
            41302 of this title, the Federal Maritime Commission may bring
            a civil action to enjoin conduct in violation of this part
            After notice to the defendant, and a showing that the standards
            for granting injunctive relief by courts of equity are met, the
            court may grant a temporary restraining order or preliminary
            injunction for a period not to exceed 10 days after the
            Commission has issued an order disposing of the issues under
            investigation.

        46 U.S.C. Sec. 41307(a) (emphasis supplied). Under section
    41307(a), the Commission can enforce Shipping Act restrictions and take
    action to halt ongoing violations while a case is still before the
    agency and a final decision has not yet been issued.
                                     ______

        Response to Written Questions Submitted by Hon. Eric Schmitt to
                              Hon. Carl W. Bentzel
        Question 1. Has the Federal Maritime Commission engaged with the
    State Department or other relevant agencies regarding the impact of the
    People's Republic of China's grey-zone activities on maritime commerce?
    How does the increased assertiveness of the Chinese Coast Guard affect
    freedom of navigation and adherence to international maritime laws,
    particularly in terms of disrupting global trade and transportation
    routes?
        Answer. The FMC does communicate and on occasion collaborate with
    the State Department. However, I am unaware if the FMC as a whole has
    engaged the State Department on the PRC's gray zone activities as it
    pertains to maritime commerce.
        However, as an independent Commissioner, I am concerned about
    Chinese activity, including potentially disruptive impacts on passages
    through the Strait of Malacca. I strongly believe in the adherence to
    international maritime laws, specifically the Law of the Sea provisions
    governing innocent passage and causing the disruption of global trade
    and transportation routes. I further believe that the Houthi attacks
    from within Yemon on ocean shipping carriers on the Red Sea is a direct
    violation of international maritime law and am evaluating our statutes
    to consider whether we could challenge these kinds of degradations to
    international shipping and the right of innocent passage.
                                     ______

      Response to Written Questions Submitted by Hon. Tammy Duckworth to
                             Hon Thomas B. Chapman
    NTSB Authorization Levels
        The last Federal Aviation Administration reauthorization bill
    increased the NTSB's authorization level to $738 million through FY28.
        Question 1. Can you explain why this funding increase is so
    critical to NTSB's work?
        Answer. We are grateful for the good work of this Committee in the
    effort to ensure NTSB's authorization level was increased. Relative to
    most of our Federal partners, NTSB is a small agency. Yet we make a
    vital contribution to transportation safety across the Nation and in
    all modes of transportation. Further, NTSB's reputation as the world's
    premier transportation safety agency is well deserved. Increased
    resources are essential to ensure NTSB is able to invest in the skilled
    workforce and enhanced authorities our agency needs to advance
    transportation safety.

        Question 2. How do these funding levels relate to the NTSB's
    ability to maintain a robust workforce and complete timely
    investigations?
        Answer. NTSB staff are renowned for their skill and expertise. The
    work of the agency is highly dependent on the dedication and unique
    abilities of our employees.
        Recruiting and retaining skilled team members is a challenge for
    any government agency, and particularly for one such as NTSB which
    requires such unique skillsets. Increased resources are essential to
    ensure we are able to attract and retain qualified team members. Also
    key to success in this area is ensuring the well-regarded culture and
    work environment of the agency is maintained.
    Highway-Rail Crossings
        The Department of Transportation has reported, in the year of 2024,
    a total of 12 fatalities at Highway-Rail Grade Crossings in Illinois.
    The reported data includes any impact between on-track railroad
    equipment with an automobile, bus, truck, motorcycle, bicycle, or
    pedestrian. We need to do a better job at making our Nation's rail
    crossings safe.

        Question 1. Can you speak to how you will continue NTSB's work
    identifying additional safety enhancements that can help save lives at
    rail crossings?
        Answer. For personal reasons, I have an especially strong interest
    in rail safety, generally, and specifically in grade crossing safety.
    In the early 1950s, my grandfather was struck and killed in a railroad
    grade crossing crash. My grandfather was a volunteer firefighter. He
    and a colleague were returning from a call when the collision occurred.
    My mother was a high school student at the time, and the tragedy had a
    devastating impact on her and her family. It is for these reasons I
    have made grade crossing safety a personal priority during my time on
    the Board.
        I welcome and actively seek opportunities to advocate improved
    safety on and around tracks and at highway-rail grade crossings.
    Likewise, I support and participate in effective public awareness
    campaigns such as those led by our friends at Operation Lifesaver.
        Measures to mitigate grade crossing risks include physically
    reconfiguring crossings or eliminating them altogether (when possible).
    Technology can also play a role, with ``connected vehicle''
    capabilities holding great promise. Existing navigation apps should be
    configured to warn drivers of upcoming crossings.
        The statistics have improved over the years, and the trend is
    positive. The work of NTSB has undoubtedly contributed to that
    progress. Yet we continue to lose more than 200 of our fellow citizens
    in grade crossing accidents each year. Every one of these losses is a
    preventable death, and each is tragic and far reaching. We have plenty
    of work to do.
                                     ______

          Response to Written Questions Submitted by Amy Klobuchar to
                             Hon. Thomas B. Chapman
    Railway Safety Act
        Train derailments--from East Palestine, Ohio to Raymond,
    Minnesota--have shown the high stakes of rail safety. Communities along
    rail routes are counting on us to make sure our country has modernized
    rail infrastructure, adequate community and emergency preparedness, and
    robust safety standards. I cosponsor the Railway Safety Act,
    legislation to put in place stronger rail safety standards and more
    accountability for violations, such as allowing for more time for
    inspections. The National Transportation Safety Board (NTSB) determined
    that the cause of the March 2023 derailment in Raymond, Minnesota was a
    broken rail along a section of BNSF track near the town.

        Question 1. How would NTSB's current recommendation for railways
    increase the frequency of autonomous track inspections prevent these
    types of accidents?
        Answer. Various factors contribute to train derailments. The East
    Palestine derailment, for example, resulted from a failed bearing on an
    individual car. The bearing overheated and caused the axle to separate,
    derailing the train and leading to a postderailment fire. NTSB's
    investigation report on the East Palestine derailment included
    recommendations intended to help address bearing failures as a cause of
    train derailments.
        In contrast, the Raymond, Minnesota derailment was caused by a
    broken rail--as you note. Track conditions were also determined to be
    the probable cause of a tragic Amtrak derailment which occurred in
    September of 2021 near Joplin, Montana. Eight of the ten passenger cars
    derailed, killing three of the 165 passengers and crew onboard the
    Amtrak train. Another 49 people were injured.
        In the investigation report on the Joplin derailment, NTSB
    concluded that the expanded use of automated ``vehicle/track
    interaction'' monitoring systems could reduce the likelihood of
    derailments through early detection of problematic track geometry
    conditions. For that reason, NTSB recommended that all Class 1 and
    intercity railroads operating on main tracks equip all trains with an
    autonomous monitoring system, such as ``vehicle/track interaction''
    systems, to detect track geometry defects.
        NTSB also recommended that the Federal Railroad Administration
    establish interoperability requirements among railroads to implement a
    process in which a predetermined critical alert from a ``vehicle/track
    interaction'' system would require an immediate slow order. Such a slow
    order should remain in place until a walking inspection is performed
    and repairs are completed.
        Faulty track conditions are a significant cause of train
    derailments. If fully implemented, NTSB's Joplin recommendations would
    help prevent such incidents by increasing the frequency and
    effectiveness of automated track inspections.
                                     ______

          Response to Written Questions Submitted by Hon. Ted Cruz to
                             Hon. Thomas B. Chapman
        Question 1. The National Transportation Safety Board (NTSB) has
    called for passive intelligent speed assistance technology in all new
    cars to help reduce speeding. This technology uses a car's GPS and
    cameras to monitor and compare a car's speed to the posted speed limit.
    If the car exceeds the speed limit, the system will alert the driver
    and may also override the driver and force the car to slow down.

        a. Given the historical challenges in consumer acceptance of safety
    technologies like seatbelts, to what extent have you factored in
    consumer acceptance of intelligent speed assistance technology?
        Answer. I appreciate the opportunity to comment on NTSB's
    technology-related recommendations to help address two of our most
    persistent safety challenges . . . that is, alcohol impaired driving
    and excessive speed.
        With respect to alcohol impairment, the latest figures compiled by
    the National Highway Traffic Safety Administration indicate there were
    13,524 traffic fatalities in 2022 in which alcohol-impairment was a
    factor. That is 32 percent of all U.S. traffic fatalities for the year.
    With respect to speed, NHTSA statistics indicate there were 12,151
    speeding-related fatalities in 2022. That is 29 percent of all U.S.
    traffic fatalities for the year.
        Regarding intelligent speed assistance, or ISA, we know from past
    experience that consumer acceptance of new safety technologies can be
    an issue. It's possible that might be the case when it comes to ISA.
        A recent survey conducted by the Insurance Institute for Highway
    Safety is encouraging. The survey found that more than 60 percent of
    drivers would find it acceptable if their vehicle provided an audible
    and visual warning when they exceed the posted speed limit. This
    capability is known as ``passive'' ISA. Also interesting is that,
    according to IIHS, about half of the drivers surveyed said ``they
    wouldn't mind vehicle technology that makes the accelerator pedal
    harder to press or automatically restricts speed.'' This technology is
    generally referred to as ``active'' ISA.
        In terms of promoting consumer acceptance, the U.S. is positioned
    to learn from the experience of European safety regulators. The U.S.
    trails Europe, which made intelligent speed assistance mandatory for
    every new car sold in the European Union beginning this year. And since
    2009, the European New Car Assessment Program has promoted the
    installation of speed assistance systems that help drivers to control
    their speed.

        b. With active intelligence speed assistance systems relying on GPS
    and location data, what measures do you think should be taken to
    protect drivers' privacy?
        Answer. In my view, intelligent speed assistance systems should be
    designed to ensure they do not retain tracking data related to the
    locations, routes, or driving patterns of individual drivers. This is
    not a matter of concern exclusive to ISA systems, of course, since most
    of us carry personal devices which are GPS and location enabled. To the
    extent data is retained by such technologies, access should be subject
    to constitutional and relevant privacy law protections.

        c. In your opinion, how should intelligent speed assistance
    technologies account for the different driving and traffic conditions
    in urban and rural areas, if at all?
        Answer. It might prove to be appropriate to adjust the parameters
    of intelligent speed assistance systems to account for different
    driving conditions. Precisely whether or how to do so is difficult to
    anticipate at this early stage. The experience of European regulators
    could be helpful, since intelligent speed assistance was made mandatory
    for every new car sold in the European Union beginning this year.

        d. Should insurers be provided access to the data collected by this
    technology for assessing insurance premiums as an additional deterrent
    to speeding?
        Answer. For privacy reasons, I do not believe insurers should be
    provided routine access to data retained by intelligent speed
    assistance systems. Any impact on insurance premiums should be related
    to an individual driver's claims history and record of speeding or
    other serious traffic law violations.

        Question 2. The NTSB has called for all new vehicles to have
    alcohol impairment detection systems. These systems are designed to
    detect a driver's blood alcohol concentration (BAC) and prevent the
    vehicle from starting if the driver's BAC is over the legal limit. One
    approach is a breath-based system that captures the driver's exhaled
    breath through a sensor in the vehicle. Another method is a touch-based
    system using infrared light to detect a driver's BAC when the driver
    touches the ignition button or gearstick.

        a. How do you foresee such technology handling false positives or
    system malfunctions that prevent sober individuals from starting their
    vehicles?
        Answer. I do not presume to suggest I am an expert in the
    engineering necessary to design and implement passive vehicle-
    integrated alcohol impairment detection systems. These technologies
    remain in development, and there is widespread sensitivity to the
    implications of false positive and other system malfunctions--including
    failures to detect potential impairment. It is incumbent on those with
    the expertise and opportunity to continue refining such systems to
    ensure the likelihood and consequences of potential malfunctions is
    mitigated to the greatest extent possible.

        b. Do you expect insurers to impose higher rates on drivers whose
    vehicles are not equipped with these systems?
        Answer. It would be disappointing if insurers were to penalize
    drivers whose vehicles are not equipped with these systems. Rather, I
    anticipate insurers would incentivize drivers to equip vehicles by
    offering discounts or credits against base premiums otherwise charged.
    It's my understanding that has been the approach by insurers to
    encourage drivers to adopt features such as seat belts, anti-lock
    brakes, air bags, daytime running lights, and anti-theft devices.

        Question 3. The NTSB has also called for advanced driver monitoring
    systems. These systems could use cameras or other technologies to
    monitor a driver's performance, such as detecting the driver's eyes or
    facial behavior to see if the driver is looking away from the road or
    closing his or her eyes for too long. If a vehicle detects that a
    driver is distracted or impaired the vehicle could take steps such as
    alerting the driver with sounds or haptic warnings.

        a. How do you foresee such technology handling false positives or
    system malfunctions that affect the performance of the vehicle?
        Answer. As I indicated in the context of passive alcohol impairment
    detection systems, I am likewise not an expert in the engineering
    necessary to design and implement driver monitoring systems. Here, too,
    there is widespread sensitivity to the implications of false positive
    and other system malfunctions--including failures to detect potential
    impairment or distraction. It is incumbent on those with the expertise
    and opportunity to continue refining such systems to ensure the
    likelihood and consequences of potential malfunctions is mitigated to
    the greatest extent possible.

        b. What measures, if any, do you think should be taken to protect
    drivers' privacy?
        Answer. In my view, advanced driver monitoring systems should be
    designed to ensure they do not retain data related to the behavior or
    driving patterns of individual drivers. To the extent data is retained
    by such technologies, access should be subject to constitutional and
    relevant privacy law protections.

        c. Do you support insurers imposing higher rates on drivers whose
    vehicles are not equipped with these systems in order to increase
    compliance?
        Answer. I would not support insurers imposing higher rates on
    drivers whose vehicles are not equipped. Rather, I anticipate insurers
    would incentivize drivers to equip vehicles by offering discounts or
    credits against base premiums otherwise charged. It's my understanding
    that has been the approach by insurers to encourage drivers to adopt
    features such as seat belts, anti-lock brakes, air bags, daytime
    running lights, and anti-theft devices.

        d. Should underwriters be able to use the collected data to
    determine premiums?
        Answer. For privacy reasons, I do not believe insurers should be
    provided routine access to data retained by advanced driver monitoring
    systems. Any impact on insurance premiums should be related to an
    individual driver's claims history and record of serious traffic law
    violations.

        Question 4. NTSB maintains its reputation for transportation safety
    by undertaking thorough investigations that take time. Yet when a major
    transportation incident makes headlines, media outlets and stakeholders
    often rush to prejudge the case and offer speculative solutions.

        a. Do you agree it is generally important for regulators and
    Congress to wait for the NTSB to complete its final report on an
    investigation along with any recommendations it may have?
        Answer. I agree it is generally prudent to reserve judgment until
    NTSB has completed an investigation and issued any relevant
    recommendations. NTSB's role is to avoid speculation and determine the
    facts. Our investigations take time because facts may not be obvious.

        b. Why it is important to understand the cause of an accident
    before taking action? Please cite specific examples.
        Answer. Without an understanding of the cause of an accident, the
    factual basis for taking action is necessarily incomplete. NTSB's role
    is to determine the cause of accidents and to issue recommendations to
    help ensure similar accidents are avoided. All of us associated with
    the agency are proud of NTSB's record of success in fulfilling that
    role.
        I offer two high profile examples which help illustrate the
    significance of NTSB's investigative findings in terms of crafting
    appropriate actions.
        The first is NTSB's investigation of TWA Flight 800, which exploded
    and crashed off the coast of Long Island, NY. The accident occurred on
    July 17, 1996. In the days immediately following the accident, there
    was widespread speculation that Flight 800 was brought down as the
    result of terrorism. In fact, NTSB determined the probable cause of the
    TWA Flight 800 accident was an explosion of the center wing fuel tank,
    resulting from ignition of the flammable fuel & air mixture in the
    tank. The appropriate action to address the actual cause was
    dramatically different from what might have been called for had the
    Flight 800 disaster been the result of terrorism.
        A more recent example is the derailment and subsequent fire and
    hazardous materials release in East Palestine, Ohio. The derailment and
    the events which followed occurred over several days beginning on
    February 3, 2023. NTSB's investigation determined that a relatively
    complicated chain of factual incidents resulted in the derailment,
    first, and then compounded the consequences of the derailment.
    Initially, an overheated bearing caused an axle to separate, derailing
    the train and leading to a postderailment fire. The fire likely began
    with the release of a flammable liquid from a DOT-111 category tank car
    that was punctured during the derailment--a category of tank cars which
    NTSB has long recommended should be phased out. The community was
    further traumatized by the flawed and unnecessary decision to conduct a
    rare vent and burn procedure on five hazardous materials tank cars
    carrying vinyl chloride monomer.
        It is unlikely a full range of actions to address the East
    Palestine derailment could have been crafted in the absence of the
    factual understanding afforded by NTSB's investigation. The
    recommendations issued by NTSB seek to address each of the chain of
    events which occurred in East Palestine--for example, better detection
    of failed and overheating bearings, accelerated phase out of DOT-111
    tank cars, improved sources of information and better decision-making
    processes relating to vent and burn procedures, and better training and
    preparation of first responders to ensure their safety in similar
    circumstances.
                                     ______

      Response to Written Questions Submitted by Hon. Tammy Duckworth to
                                 Lanhee J. Chen
    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. Long-distance routes are an important part of Amtrak's
    past, present, and future, and if I am confirmed, I will work to ensure
    that Amtrak retains its long-distance network.
    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. Eric Schmitt to
                                 Lanhee J. Chen
        On July 22, 2019, Eileen Larence, Acting Assistant Inspector
    General for Audits, released a report titled Safety and Security:
    Physical Security Vulnerabilities at Washington Union Station and Ivy
    City Yard (OIG-A-2019-009). The report noted that since Amtrak did not
    own Washington Union Station then, the review would focus on security
    measures in areas the company controlled or subleased.
        However, on July 29, 2024, Amtrak assumed full control of
    operations at Washington Union Station, including safety and security
    oversight. The report highlighted significant security deficiencies at
    Amtrak's second-busiest station, citing issues such as inadequate
    perimeter and interior security, poor lighting, nonfunctional video
    surveillance cameras, and an outdated incident reporting process,
    exacerbated by obsolete radio equipment.

        Question 1. If confirmed, how will you ensure clear attribution of
    roles and responsibilities for providing security that effectively
    protects travelers at Washington Union Station?
        Answer. The safety of Amtrak's passengers when they are riding the
    rails, as well as their security while transiting through stations,
    will be of paramount importance to me if confirmed as a member of the
    Board of Directors. I look forward to learning more about the specific
    security deficiencies identified by the Office of Inspector General at
    Washington Union Station. I concur with its recommendation that the
    company have a plan to address the deficiencies and that the plan
    delineate ``clear roles and lines of accountability, resources,
    timeframes, and performance metrics to assess progress.'' If confirmed
    as a Board Member, I will ensure proper oversight of the company's
    efforts to furnish appropriate security to protect the traveling
    public.

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