    [Senate Hearing 119-276]
    [From the U.S. Government Publishing Office]

                                                            S. Hrg. 119-276

                       NOMINATION TO THE FEDERAL RAILROAD
                       ADMINISTRATION, UNITED STATES AND
                       FOREIGN COMMERCIAL SERVICE, AMTRAK
                          BOARD OF DIRECTORS, AND THE
                             DEPARTMENT OF COMMERCE

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

                                    HEARING

                                   before the

                             COMMITTEE ON COMMERCE,
                          SCIENCE, AND TRANSPORTATION
                              UNITED STATES SENATE

                        ONE HUNDRED NINETEENTH CONGRESS

                                 FIRST SESSION
                                   __________

                                  MAY 13, 2025
                                   __________

        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

    62-674 PDF                 WASHINGTON : 2026

           SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                        ONE HUNDRED NINETEENTH CONGRESS

                                 FIRST SESSION

                           TED CRUZ, Texas, Chairman
    JOHN THUNE, South Dakota             MARIA CANTWELL, Washington,
    ROGER WICKER, Mississippi              Ranking
    DEB FISCHER, Nebraska                AMY KLOBUCHAR, Minnesota
    JERRY MORAN, Kansas                  BRIAN SCHATZ, Hawaii
    DAN SULLIVAN, Alaska                 EDWARD MARKEY, Massachusetts
    MARSHA BLACKBURN, Tennessee          GARY PETERS, Michigan
    TODD YOUNG, Indiana                  TAMMY BALDWIN, Wisconsin
    TED BUDD, North Carolina             TAMMY DUCKWORTH, Illinois
    ERIC SCHMITT, Missouri               JACKY ROSEN, Nevada
    JOHN CURTIS, Utah                    BEN RAY LUJAN, New Mexico
    BERNIE MORENO, Ohio                  JOHN HICKENLOOPER, Colorado
    TIM SHEEHY, Montana                  JOHN FETTERMAN, Pennsylvania
    SHELLEY MOORE CAPITO, West Virginia  ANDY KIM, New Jersey
    CYNTHIA LUMMIS, Wyoming              LISA BLUNT ROCHESTER, Delaware
                     Brad Grantz, Republican Staff Director
               Nicole Christus, Republican Deputy Staff Director
                       Lila Harper Helms, Staff Director
                     Melissa Porter, Deputy Staff Director

                                C O N T E N T S

                                  ----------
                                                                       Page
    Hearing held on May 13, 2025.....................................     1
    Statement of Senator Cruz........................................     1
    Statement of Senator Peters......................................     2
    Statement of Senator Moran.......................................    64
    Statement of Senator Klobuchar...................................    65
    Statement of Senator Capito......................................    67
    Statement of Senator Baldwin.....................................    69
    Statement of Senator Lujan.......................................    71
    Statement of Senator Moreno......................................    73
    Statement of Senator Blunt Rochester.............................    76
    Statement of Senator Kim.........................................    78
    Statement of Senator Blackburn...................................    80
    Statement of Senator Cantwell....................................    81
    Statement of Senator Duckworth...................................    83
    Statement of Senator Markey......................................    84
    Statement of Senator Fetterman...................................    86
        Letter dated April 6, 2025 to Hon. Ted Cruz from Joey Evans,
          President, Texas Short Line and Regional Railroad
          Association................................................    89
        Letter dated April 30, 2025 to Hannah Matesic, Deputy
          Assistant Secretary for Congressional Affairs, U.S.
          Department of Transportation from Patricia Quinn, Executive
          Director, Northern New England Passenger Rail Authority....    90
        Letter dated May 13, 2025 to Hon. Ted Cruz and Hon. Maria
          Cantwell from Michael J. Seyfert, President and Chief
          Executive Officer, National Grain and Feed Association.....    91
        Letter dated May 13, 2025 to Hon. Ted Cruz and Hon. Maria
          Cantwell from Ross B. Capon, Vice-President/Washington
          Representative, American Association of Private Railroad
          Car Owners.................................................    92
        Letter dated May 13, 2025 to Hon. Ted Cruz and Hon. Maria
          Cantwell from James T. Riley, Esq., President, Railroad
          Supply Institute...........................................    93
        Letter dated May 13, 2025 to Hon. Ted Cruz from Michael J.
          Walsh, Jr..................................................    95
        Letter dated April 3, 2025 to Hon. Ted Cruz from Norm
          Coleman, National Chairman, and Matthew Brooks, Chief
          Executive Officer, Republican Jewish Coalition.............    96
        Letter to Chairman Sen. Cruz from Bob Sternfels, Global
          Managing Partner, McKinsey & Company.......................    97

                                   Witnesses

    Hon. Dave McCormick, U.S. Senator from Pennsylvania..............     4
    David Fink, Nominee to be Administrator, Federal Railroad
      Administration.................................................     5
        Prepared statement...........................................     7
        Biographical information.....................................     7
    David Fogel, Nominee to be Assistant Secretary of Commerce and
      Director General, United States and Foreign Commercial Service.    17
        Prepared statement...........................................    18
        Biographical information.....................................    19
    Pierre Gentin, Nominee to be General Counsel, Department of
      Commerce.......................................................    34
        Prepared statement...........................................    35
        Biographical information.....................................    36
    Robert Gleason, Nominee to be Director, Amtrak Board of Directors    43
        Prepared statement...........................................    44
        Biographical information.....................................    45

                                    Appendix

    Response to written questions submitted to David Fink by:
        Hon. John Thune..............................................   101
        Hon. Jerry Moran.............................................   101
        Hon. Dan Sullivan............................................   101
        Hon. Maria Cantwell..........................................   102
        Hon. Gary Peters.............................................   104
        Hon. Tammy Baldwin...........................................   105
        Hon. Jacky Rosen.............................................   105
        Hon. Ben Ray Lujan...........................................   106
        Hon. Lisa Blunt Rochester....................................   107
    Response to written questions submitted to David Fogel by:
        Hon. Dan Sullivan............................................   107
        Hon. Maria Cantwell..........................................   108
        Hon. Gary Peters.............................................   110
        Hon. Ben Ray Lujan...........................................   110
    Response to written questions submitted to Pierre Gentin by:
        Hon. Dan Sullivan............................................   111
        Hon. Maria Cantwell..........................................   111
        Hon. Amy Klobuchar...........................................   115
        Hon. Gary Peters.............................................   115
        Hon. Tammy Duckworth.........................................   116
        Hon. Ben Ray Lujan...........................................   116
    Response to written questions submitted to Robert Gleason by:
        Maria Cantwell...............................................   117
        Hon. Gary Peters.............................................   118
        Hon. Ben Ray Lujan...........................................   118
        Hon. Lisa Blunt Rochester....................................   118

                       NOMINATION TO THE FEDERAL RAILROAD
                       ADMINISTRATION, UNITED STATES AND
                       FOREIGN COMMERCIAL SERVICE, AMTRAK
                          BOARD OF DIRECTORS, AND THE
                             DEPARTMENT OF COMMERCE

                                  ----------

                             TUESDAY, MAY 13, 2025

                                           U.S. Senate,
            Committee on Commerce, Science, and Transportation,
                                                        Washington, DC.
        The Committee met, pursuant to notice, at 10 a.m., in room
    SR-253, Russell Senate Office Building, Hon. Ted Cruz, Chairman
    of the Committee, presiding.
        Present: Senators Cruz, Fischer, Moran, Sullivan,
    Blackburn, Young, Moreno, Sheehy, Capito, Cantwell, Klobuchar,
    Markey, Peters, Baldwin, Duckworth, Lujan, Hickenlooper,
    Fetterman, Kim, and Blunt Rochester.

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

        Chairman Cruz. Good morning. The Senate Committee on
    Commerce, Science, and Transportation will come to order.
        Today, we will hear from four nominees: David Fink for
    Administrator of the Federal Railroad Administration; David
    Fogel for Assistant Secretary of Commerce and Director General
    of the U.S. and Foreign Commercial Service; Pierre Gentin for
    General Counsel of the Department of Commerce; and Robert
    Gleason for the Amtrak Board of Directors. Congratulations to
    each of you on your nomination. I am eager to hear more about
    your qualifications for your respective roles.
        Let's start with the Department of Commerce. As General
    Counsel, Mr. Gentin will draw on his experiences as an in-house
    attorney to provide legal advice to the Secretary and the
    Department's various agencies. Mr. Gentin is a former Assistant
    U.S. Attorney for the Southern District of New York who has
    held legal and management roles at major companies, including
    most recently as the Chief Legal Officer at McKinsey & Company.
    He has lectured at Yale Law School, Columbia Law School, and
    the Wharton School of Business--which as a Harvard grad I will
    try not to hold against you--a favorite of the President's,
    that would be Wharton, as we all know. Mr. Gentin will provide
    strategic legal counsel and support Secretary Lutnick's efforts
    to address critical policy challenges, such as reallocating
    spectrum, advancing AI, and building the Nation's manufacturing
    base.
        David Fogel is well versed in international economic
    diplomacy. As Assistant Secretary of Commerce and Director
    General of the U.S. and Foreign Commercial Service, he will
    strive to increase foreign direct investment in the United
    States and remove trade barriers on American exports.
        During the first Trump administration, Mr. Fogel served as
    Chief of Staff at the Export-Import Bank and as a Senior
    Advisor to the Undersecretary of Economic Growth at the State
    Department. If confirmed, he will work to counterbalance the
    CCP's expanding footprint in global markets and to encourage
    our allies to buy more products and services made in America.
        Now, let me turn to David Fink, the President's nominee for
    Administrator of the Federal Railroad Administration. As a
    fifth-generation railroader, Mr. Fink knows the ins and outs of
    the industry. He led Pan Am Railways when it was the largest
    regional railroad in the country and he helped negotiate the
    sale of the company to CSX in 2022. Pan Am's employee injury
    rate was consistently lower than the Class II railroad industry
    average for the decade concluding his tenure as CEO. He is
    deeply committed to the FRA's core mission--safety--and he will
    ensure it remains top of mind in all regulatory actions.
        Finally, Robert Gleason, who has been nominated to Amtrak's
    Board of Directors. Mr. Gleason will draw on his time serving
    on transportation commissions in Pennsylvania to enhance the
    passenger experience across Amtrak's network. I look forward to
    hearing how he will expand Amtrak's rail service to underserved
    areas, improve its safety record, and insist on transparency
    regarding executive compensation.
        The nominees before us will champion regulatory clarity and
    strategic investment in American industries. Our rail nominees,
    in particular, will take practical steps to improve the
    reliability, efficiency, and safety of moving people and goods
    across the country. Let's hear more about how they will help
    build a stronger, and more prosperous America.
        And with that I will turn to Senator Peters for his opening
    remarks.

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

        Senator Peters. Well, thank you, Mr. Chairman, and welcome
    to our four nominees here today, and I certainly also want to
    welcome your families and friends who are here to support you
    through this process.
        Our first nominee this morning is David Fink, to be the
    Administrator of the Federal Railroad Administration.
        Americans rely on the U.S. rail network to safely move more
    than roughly 28 million passengers and 1.6 billion tons of
    goods each and every year. But when things don't go well,
    entire communities suffer. We saw this in East Palestine in
    2023. Yesterday was also the 10-year anniversary of the deadly
    Amtrak 188 derailment in Philadelphia, an accident that
    actually is very personal for me, as it was the day that we
    lost Rachel Jacobs, a family friend of mine with deep roots in
    the Detroit area.
        Rail safety is certainly not something to take lightly. Mr.
    Fink, it will be up to you to ensure the safety of passengers
    and community members throughout our rail system. That is why I
    have concerns about your safety record running Pan Am Railways
    from 2006 to 2022, which under your leadership had higher than
    average main line track derailment rates and a series of
    documented safety issues.
        We need leadership at FRA that will put safety and
    accountability first, and I hope to hear how you plan to
    address that here today.
        We are also considering Robert Gleason to serve as Director
    of Amtrak's Board.
        In my home state of Michigan, we are working to improve and
    expand rail service to our three lines--the Wolverine, the Blue
    Water, and the Pere Marquette--and looking to bring back Amtrak
    service to the historic Michigan Central Station in downtown
    Detroit, as well as cross-border service to Canada.
        That is something we cannot do without the cooperation of
    both of our rail nominees. Mr. Fink and Mr. Gleason, I hope you
    will agree with me today that infrastructure investments are
    not optional for Amtrak's future. They are going to be
    absolutely essential going forward.
        Our next nominee is Pierre Gentin, nominated to be General
    Counsel of the Commerce Department.
        The General Counsel is responsible for providing legal
    guidance to the Secretary as well as across the Department.
    Since February, Mr. Gentin has been serving as a Senior Advisor
    in the Office of the Secretary. Unfortunately, in only a few
    months, we have already seen the lasting damage that can happen
    when there is not responsible leadership at the helm--from
    dismantling NOAA to cutting support for our manufacturers as
    well as our entrepreneurs here in the country. Mr. Gentin, I
    expect you to answer questions about these disruptive actions
    at the Department.
        I will also note my concern here that you have not yet
    provided full information specified in the Committee's
    questionnaire, which is expected of all of our nominees.
    Committee staff also advised me that you abruptly left your
    staff interview early. I hope that your testimony here today
    shows more regard for this Committee, our constitutional duty
    to advise and consent.
        Our final nominee is David Fogel, nominated to be Assistant
    Secretary of Commerce and Director General of the United States
    and Foreign Commercial Service. If confirmed, you will direct
    the Global Markets unit of the International Trade
    Administration and be responsible for assisting and advocating
    for U.S. businesses in international markets.
        To state it plainly, that will be a difficult task given
    the President's destabilizing tariff agenda. These tariffs will
    not only raise prices, but provoke retaliation, making it
    harder for American businesses to export their goods and
    services and harder to work with our allies to counter Chinese
    influence.
        I look forward to your answers on how you plan to keep
    these departments focused amidst the chaos created by President
    Trump.
        Thank you, Mr. Chairman.
        Chairman Cruz. Thank you, Senator Peters. And I will note
    for the record that as Chairman I have endeavored to give the
    minority full opportunity to vet nominees, to consider their
    qualifications, to consider their background. I will point out
    that the minority has had significant time to review the
    nominees before us today. The nominees' committee
    questionnaires have been submitted for weeks, two of them since
    late March.
        Mr. Gentin's committee questionnaire has been submitted
    since March 24. On May 2, the minority e-mailed Mr. Gentin's
    team and asked him to clarify a few items. He met with the
    minority for more than an hour and a half last Thursday. He
    submitted an addendum, and he will be producing anything
    outstanding by the end of the week.
        Yesterday, Ranking Member Cantwell had the opportunity to
    review FBI background investigation reports for all of the
    nominees before us today, including Mr. Gentin. Unfortunately,
    she had to cancel due to a scheduling issue.
        My team and I remain committed to a bipartisan, careful,
    and thorough vetting process. That is what we are doing here
    today. Ranking Member Cantwell, like all members of this
    Committee, will have ample opportunity to question the nominees
    as well as to submit questions for the record. And I am happy
    to continue working with her and her team throughout this
    process, and so, I trust, are the nominees.
        With that I want to recognize our friend and colleague,
    Senator McCormick, from the commonwealth of Pennsylvania, to
    introduce Mr. Gleason.
        Senator McCormick, welcome to the Commerce Committee.

                   STATEMENT OF HON. DAVE McCORMICK,
                     U.S. SENATOR FROM PENNSYLVANIA

        Senator McCormick. Thank you. Thank you, Chairman Cruz,
    Ranking Member Cantwell, and my Senate colleagues on the
    Committee. Thank you for having me this morning. I am really
    honored to be here to introduce a fine Pennsylvanian and a good
    friend, Rob Gleason, for his nomination to be a member of
    Amtrak's Board of Directors.
        Rob is a proud son on Johnstown and Cambria County, where
    his family has lived for generations. After graduating from the
    University of Pennsylvania, Rob went to Air Force Officer
    Training School and served in active duty from 1962 to 1965,
    eventually retiring from the Air Force Reserves as a captain.
        He is a highly successful businessman who took over his
    family's storied Johnstown-based insurance business in 1970,
    and continues to serve as President of the organization.
        He is also an experienced public servant who has served the
    commonwealth of Pennsylvania under Governors of both parties.
    Under Dick Thornburgh, Rob served as Secretary of the
    Commonwealth, where he worked with and got to know my dad,
    placing him in charge of the Pennsylvania Department of State.
    And Governor Bob Casey appointed Rob to the Pennsylvania
    Turnpike Commission, which oversees one of the commonwealth's
    most important highways.
        Because of his service there and on the State
    Transportation Commission, Rob Gleason will bring to Amtrak
    significant experience in overseeing major transportation
    networks, and being from Johnstown, Rob knows firsthand, and
    better than anyone, the importance of rail service to rural
    communities, and will be a strong and independent voice on the
    board.
        As an Air Force veteran and community leader, Rob embodies
    the mantra taught to us at West Point, ``Duty, honor, country''
    and is exactly the type of public servant we should be calling
    upon to serve.
        I am honored to be here with you today, Rob. Thank you for
    allowing me the opportunity to introduce him this morning, and
    I urge all the members of this Committee to support the
    nomination of this great Pennsylvanian and this great American.
    Thank you.
        Chairman Cruz. Thank you, Senator McCormick. And for the
    record I will note that we have seen a miracle, a West Point
    graduate praising an airman on the record. I suppose it could
    be worse. You could be praising a sailor, and that might be a
    bridge too far. And I assume Senator Sullivan is going to ask
    your views on the Marines any minute now.
        Senator McCormick. We have been friends for a long time. He
    is an honorary member of the Army.
        [Laughter.]
        Chairman Cruz. Well, you are welcome to stay, but I know
    you have a busy schedule so thank you for being here.
        And we will now turn to opening statements, and I recognize
    Mr. Fink for his opening statement.

         STATEMENT OF DAVID FINK, NOMINEE TO BE ADMINISTRATOR,
                   FEDERAL RAILROAD ADMINISTRATION

        Mr. Fink. Chairman Cruz, Ranking Member Cantwell, or
    Peters, members of the Committee, thank you for the opportunity
    to be here today. Being President Trump's nominee for Federal
    Railroad Administrator is the honor of a lifetime. I am
    grateful to President Trump for placing his trust in me, and I
    am deeply thankful to Secretary Duffy for his confidence in my
    abilities to lead the FRA.
        I am joined today by my wife, Linda, and my son, Andrew. My
    daughter, Hillary, is 8 months pregnant with our first
    grandchild and is unable to travel. My wife and family have
    been very supportive of my career, and I am forever thankful
    for that support.
        As I sit here today before the Senate Commerce, Science,
    and Transportation Committee, I think back to my first trip to
    Washington in 1966. I was five years old. My grandfather, Andy
    Fink, and I hopped on a Pennsylvania Railroad clocker from 30th
    station. We spent the day touring the city.
        The thing I most remember is my visit to the Smithsonian
    American History Museum. In that museum is a very large, green
    Southern Railway steam locomotive. I still love to visit that
    spot and look at that locomotive. Little did I know at that
    time I would be a fifth-generation railroader, and nominee to
    lead the Federal Railroad Administration.
        I got my start in the railroad industry as a 15-year-old
    summer track worker for Conrail in 1976. I had two co-op jobs
    with the Boston and Maine Railroad while at Northeastern
    University. After graduate school at Penn State, I worked for
    General Motors and was able to see the transportation user side
    of the railroad business. I have also worked in the railway
    supply business, running a railroad cross-tie manufacturing
    company. In 1998, I joined Guilford Rail System as Executive
    Vice President, and in 2006, I became President of Pan Am
    Railways, the Nation's largest regional railroad.
        Our freight railroad system is the envy of the world. It
    moves what the Nation needs for energy. It moves what the
    population eats. It moves the parts to the automobile assembly
    lines, and it takes the finished vehicle to a final
    distribution location. It moves the containers from our ports.
    More importantly, it does this safely. Over the course of FRA's
    existence, freight rail's safety record has been on a positive
    trajectory for both train accidents and employee casualties. If
    confirmed, FRA will be dedicated to continuing that safety
    trend under my leadership.
        The nation's rail network also moves millions of people
    across our great country. Amtrak, the national passenger rail
    system, provides intercity passenger rail service throughout
    and across the country, while a host of commuter rail systems
    provide more local service. It is critical the agency focus on
    its primary mission, which is one of safety first. We also need
    to refresh government regulations, innovating where possible
    and removing burdensome and outdated roadblocks.
        The railroad industry in the United States has been
    developing state-of-the-art technology to make a safe system
    even safer. Much of this technology is ready to be deployed and
    I look forward to ensuring FRA is a partner in advancing safety
    innovations and not a hinderance. If confirmed, one of my first
    jobs will be to get this safety technology out in the field,
    working to make the rail system even safer.
        Another way I want to ensure FRA is focused on safety and
    efficiency is through its grant programs, which have grown
    significantly over the last 4 years. I know firsthand how the
    Consolidated Rail Infrastructure and Safety Improvements,
    CRISI, program can support critical rail safety projects. I can
    also imagine there is room for improvement in the way FRA
    selects and delivers taxpayer-funded projects.
        I look forward to working with the many dedicated
    professionals at the FRA. They have an extremely important job
    regulating the safe operation of our Nation's railroads. I also
    look forward to working with the employees of the railroads,
    both management and labor.
        If I am fortunate to be confirmed as Administrator of the
    Federal Railroad Administration, I will devote myself to
    helping the Secretary promote safe and efficient freight and
    passenger transportation.
        Thank you, Mr. Chairman. This concludes my statement, and I
    would be happy to answer the Committee's questions.
        [The prepared statement and biographical information of Mr.
    Fink follow:]

           Prepared Statement of David Armstrong Fink, Nominee to be
                 Administrator, Federal Railroad Administration
        Chairman Cruz, Ranking Member Cantwell, Members of the Committee--

        Thank you for the opportunity to be here today. Being President
    Trump's nominee for Federal Railroad Administrator is the honor of a
    lifetime.
        I am grateful to President Trump for placing his trust in me, and I
    am deeply thankful to Secretary Duffy for his confidence in my ability
    to lead the FRA.
        I am joined today by my wife Linda and my son Andrew. My daughter
    Hillary is eight months pregnant with our first grandchild and is
    unable to travel. My wife and family have been very supportive during
    my career, and I am forever thankful for that support.
        As I sit here today before the Senate Commerce, Science, &
    Transportation Committee, I think back to my first trip to Washington
    in 1966, I was five years old. My grandfather Andy Fink and I hopped on
    a Pennsylvania Railroad clocker from 30th station, we spent the day
    touring the city. The thing I most remember is my visit to the
    Smithsonian American History Museum. In that museum is a very large
    green Southern Railway steam locomotive. I still love to visit that
    spot and look at that locomotive. Little did I know at that time, I
    would be a fifth-generation railroader, and nominee to lead the Federal
    Railroad Administration.
        I got my start in the railroad industry as a 15-year-old summer
    track worker for Conrail in 1976. I had two co-op jobs with the Boston
    and Maine Railroad while at Northeastern University. After graduate
    school at Penn State, I worked for General Motors and was able to see
    the transportation user side of the railroad business. I have also
    worked in the railway supply business running a railroad crosstie
    manufacturing company. In 1998, I joined Guilford Rail System as
    Executive Vice President, and in 2006 I became President of Pan Am
    Railways, the Nation's largest regional railroad.
        Our freight railroad system is the envy of the world. It moves what
    the Nation needs for energy. It moves what the population eats. It
    moves the parts to the automobile assembly line and it takes the
    finished vehicle to a final distribution location. It moves the
    containers from our ports. More importantly, it does this safely. Over
    the course of FRA's existence, freight rail's safety record has been on
    a positive trajectory for both train accidents and employee casualties.
    If confirmed, FRA will be dedicated to continuing that safety trend
    under my leadership.
        The nation's rail network also moves millions of people across our
    great country. Amtrak, the national passenger rail system, provides
    intercity passenger rail service throughout and across the country,
    while a host of commuter rail systems provide more local service.
        It is critical the agency focus on its primary mission, which is
    one of safety first. We also need to refresh government regulations,
    innovating where possible and removing burdensome and outdated
    roadblocks.
        The railroad industry in the United States has been developing
    state-of-the-art technology to make a safe system even safer. Much of
    this technology is ready to be deployed and I look forward to ensuring
    FRA is a partner in advancing safety innovations and not a hinderance.
    If confirmed, one of my first jobs will be to get this safety
    technology out in the field, working to make the rail system even
    safer.
        Another way I want to ensure FRA is focused on safety and
    efficiency is through its grant programs, which have grown
    significantly over the last four years. I know firsthand how the
    Consolidated Rail Infrastructure and Safety Improvements (CRISI)
    program can support critical rail safety projects. I can also imagine
    there is room for improvement in the way FRA selects and delivers
    taxpayer funded projects.
        I look forward to working with the many dedicated professionals at
    the FRA. They have an extremely important job regulating the safe
    operation of our Nation's railroads. I also look forward to working
    with the employees of the railroads, both management and labor.
        If I am fortunate to be confirmed as Administrator of the Federal
    Railroad Administration, I will devote myself to helping the Secretary
    promote safe and efficient freight and passenger transportation.
        Thank you, Mr. Chairman. That concludes my statement, and I would
    be happy to answer the Committee's questions.
                                     ______

                          a. biographical information
        1. Name (Include any former names or nicknames used): David
    Annstrong Fink.
        2. Position to which nominated: Administrator, Federal Railroad
    Administration.
        3. Date of Nomination: January 20, 2025.
        4. Address (List current place of residence and office addresses):

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

        5. Date and Place of Birth: September 10, 1960; Harrisburg, PA.
        6. Provide the name, position, and place of employment for your
    spouse (if married) or domestic partner, and the names and ages of your
    children (including stepchildren and children by a previous marriage).

            Linda Lucas Fink, Retired
            Hillary Elizabeth Fink, 35 Andrew Lucas Fink, 32

        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.

            The Pennsylvania State University
            Attended 1983 to 1984
            MS, Business Logistics
            Degree received: 1985

            Northeastern University
            Attended 1978 to 1983
            BS in Transportation and Physical Distribution Transportation
            Degree received: 1983

        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.

            Transportation Specialist, General Motors Corporation 1985-
            1986; Non-managerial

            Just-In-Time Coordinator, General Motors Corporation 1987; Non-
            managerial

            Group Leader, General Motors Corporation 1987-1988; Managerial

            President, Perma Treat Corporation 1988-2022; Managerial

            Executive Vice President, Pan Am Railways 1998-2006; Managerial

            President, Pan Am Railways 2006-2011; Managerial

            President, Pan AM Systems 2011-2022; Managerial

            Part-Time Lecturer, Northeastern University 2020-2024; Non-
            managerial

            President, Pan Am Group LLC 2022 to present; Managerial

        9. Attach a copy of your resume.
        Attached.
        10. List any advisory, consultative, honorary, or other part-time
    service or positions with Federal, State, or local governments, other
    than those listed above after 18 years of age.

            Member, New Hampshire Department of Transportation Search
            Committee (former)

            Member, Connecticut Public Transportation Commission (former)

            Member, Wall Street Citizen's Advisory Committee, Madison CT
            (former)

            Member, Middletown, CT School Superintendent Search Committee
            (former)

        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.

            Pan Am Group, LLC. Officer and Director Pan Am Railways,
            Officer (former)

            Association Of American Railroads, Director (former)

            TTX Corporation, Director (former)

            Perma Treat Corp. Officer and Director

            Alecia C. Fink 1995 Trust, Trustee

            Middlesex County Chamber of Commerce, Officer and Director
            (former)
            Northeastern University, Board of Visitors, Member

        12. List all memberships 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
    (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, Wentworth by The Sea Country Club, 2018 to present

            Member, Treviso Bay Golf Club, 2024 to present

            Member, Sky Meadow Country Club, 2016-2018

        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.
        N/A.
        14. List all memberships and offices held with and services
    rendered to, whether compensated or not, any political party or
    election committee within the past ten years. If you have held a paid
    position or served in a formal or official advisory position (whether
    compensated or not) in a political campaign within the past ten years,
    identify the particulars of the campaign, including the candidate, year
    of the campaign, and your title and responsibilities.
        N/A.
        15. Itemize all political contributions to any individual, campaign
    organization, political party, political action committee, or similar
    entity of $200 or more for the past ten years.

            9/21/22--Chris Sununu--$1000

            12/22/21--Responsibility & Freedom Work PAC--$900

            10/26/21--Jerry Moran--$931

            6/17/21--Mitch McConnell--$1000

            9/21/20--James McGovern--$916

            3/5/20--Mike Crapo--$810

            1/6/20--American Short line & Regional Railroad Assn--$250

            9/30/19--Peter DeFazio--$400

            3/29/19--Earl Blumenauer--$400

            3/7/19--Responsibility & Freedom Work PAC--$400

            3/1/19--Mitch McConnell--$1000

            2/19/19--Responsibility & Freedom Work PAC--$630

            10/17/18--Erik Paulsen--$220

            6/19/18--Jeff Denham--$330

            4/25/18--Earl Blumenauer--$330

            3/20/18--Ron Wyden--$500

            9/20/17--Debbie Stabenow--$830

            9/15/17--Rodney Davis--$330

            8/29/17--Mike Kelly--$660

            7/17/17--Kevin Yoder--$660

            5/7/17--Chris Sununu--$1500

            5/5/17--American Short Line & Regional Railroad Assn--$250

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

            Transportation Person of the Year 2021, Northeast Association
            of Rail Shippers

        17. List all books, articles, columns, letters to the editor,
    Internet blog postings, or other publications 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.

            Union Leader (New Hampshire)
            February 8, 2013
            Another View--David Fink: When discussing passenger rail, do
            not forget the costs
            Link: https://www.unionleader.com/opinion/columnists/another-
            view-david-fink-when-discussing-passenger-rail-do-not-forget-
            the-costs/articlebf5fd6da-1cfb-560f-abf4-047ed7ebcf59.html

        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.

       1.  ADM

       2.  FHWA 2017

       3.  Freight Academy April 2019

       4.  Maine Rail Group

       5.  N.E. Railroad Club

       6.  NEARS 2016

       7.  Northeastern 2018

       8.  Northeastern 2018

       9.  N.S. Plastics

      10.  NU Transportation Industries

      11.  Pan Am Basics

      12.  Pan Am EMDC

      13.  Portland Oil

      14.  Project 747 Presentation

      15.  Rail Market Presentation

      16.  Shortline Symposium

      17.  TAPPI

      18.  Working on the Railroad

        19. List all public statements you have made during the past ten
    years, including statements in news articles and radio and podcasts 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.

            --``Fire Side Chat'' with Railway Age on March 31, 2022. I do
            not have a video of the event.

            --Transportation Infrastructure Durability Center (TIDC) at
            University of Maine
            February 16th, 2023

            Keynote: A 40 Year Retrospective of Railroading in New England

            Link: https://www.youtube.com/watch?v=G1-7Jk0SZEc

        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.
        N/A.
        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, committee, and subject
    matter of each testimony.
        N/A.
        22. Given the current mission, major programs, and major
    operational objectives of the department/agency/commission/corporation
    to which you have been nominated, what in your background or employment
    experience do you believe affirmatively qualifies you for appointment
    to the position for which you have been nominated, and why do you wish
    to serve in that position?
        As a fifth-generation railroader who started his career at the age
    of 15 as a summer worker on the track gang, I have seen railroading
    from the ground level to the C-suite. I have seen a massive change in
    the industry from the 1970s when a train crew had five workers and a
    caboose. To today, where the train crew has two members and a computer
    on the rear of the train replacing the caboose. I have witnessed
    railroads struggling, operating in bankruptcy, in the 1970s compared to
    today in which they're highly productive and profitable. Over the same
    period of time the industry has made a dramatic improvement on safety.
    Much of this improvement can be attributed to advancement and
    investment in technology. To not only survive as an industry, but to
    thrive, the railroad industry has transformed itself over the past
    half-century.
        My managerial experience running the largest regional railroad in
    the United States has positioned me to be an effective leader in
    bringing necessary change to Federal Railroad Administration (FRA). As
    the FRA states, the mission is to ``enable the safe, reliable, and
    efficient movement of people and goods for a strong America, now and in
    the future.'' In recent years, the FRA's has experienced mission creep,
    expanding from safety to greater grant analysis and awarding. FRA
    programs have grown in size, in particular the management of Amtrak
    grants. Further, while the industry has had a massive improvement in
    safety since the Staggers Act passed in 1980, recently the statistics
    have flattened and safety has not improved.
        My industry background and experience give me a unique opportunity
    to come into the agency ready on day one to improve safety using new
    technology. My background in managing railroad grants on time and
    budget gives me the ability to review existing and future grants to
    ensure they are in the best interest of the Nation's railroad network.
        23. What do you believe are your responsibilities, if confirmed, to
    ensure that the department/agency/commission/corporation has proper
    management and accounting controls, and what experience do you have in
    managing a large organization?
        From 2011 to 2022, I led the Nation's largest regional railroad,
    overseeing nearly 1,000 employees and managing approximately 1,500
    miles of track across the Northeast United States. During this time, I
    was responsible for administering hundreds of millions of dollars in
    government grants, consistently delivering projects on time and within
    budget. This experience has reinforced my commitment to fiscal
    responsibility, accountability, and efficient project execution.
        If confirmed as administrator, I will be responsible for ensuring
    that taxpayer dollars are managed effectively and in strict accordance
    with established guidelines. I recognize that the Federal Railroad
    Administration (FRA) has significantly expanded its role in grant
    administration in recent years--an area that was not originally part of
    its core mission. I will prioritize the proper oversight, execution,
    and rigorous auditing of these grants to ensure they serve the public
    interest. Transparency, accountability, and operational efficiency will
    be key focuses of my leadership, and I will make them an immediate
    priority upon taking office.
        24. What do you believe to be the top three challenges facing the
    department/agency/commission/corporation, and why?

      1.  Following the passage of the Staggers Act, the railroad industry
            consistently improved safety year over year, both in employee
            casualty rates and train accidents. However, in recent years,
            this progress has plateaued. One key reason, in my view, is the
            FRA's reluctance to allow the testing and implementation of new
            safety technologies. Advancing and adopting these innovations
            will be essential to renewing safety improvements.

      2.  In recent years, the FRA has taken on a significantly larger role
            as a grant administrator--an area that was not historically a
            core part of its mission. This expansion has shifted focus away
            from its primary responsibility: ensuring safety. It is
            critical to rebalance priorities so that safety remains at the
            forefront while effectively managing grant programs.

      3.  The FRA needs a comprehensive regulatory review and modernization
            effort. All regulations should be assessed and updated to align
            with current industry practices and technological advancements.
            Outdated regulations should be eliminated, and new regulations
            should be introduced to support the adoption of emerging
            technologies that enhance safety and efficiency.
                       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.
        Upon confirmation, I will resign from my position with Pan Am Group
    LLC. I own stock in Pan Am Group LLC, and will continue to do so until
    the company is wound down in 2025. I have no other equity interests in
    the company. My current Pan Am Group LLC 401k with shift from Pan Am
    management to my management.
        I am employed as a part-time lecturer at Northeastern University on
    a semester-by-semester basis. My last contract ended in December 2024.
    If confirmed, I will not contract to be a lecturer during my Federal
    appointment.
        2. Do you have any commitments or agreements, formal or informal,
    to maintain employment, affiliation, or practice with any business,
    association, or other organization during your appointment? If so,
    please explain.
        I have no commitments or agreements.
        3. Indicate any investments, obligations, liabilities, or other
    relationships which could involve potential conflicts of interest in
    the position to which you have been nominated. Explain how you will
    resolve each potential conflict of interest.
        In connection with the nomination process, I have consulted with
    the Office of Government Ethics and the Department of Transportation
    (DOT) Designated Agency Ethics Official to identify potential conflicts
    of interest. Any potential conflicts of interest will be resolved
    consistent with the terms of the ethics agreement I have entered into
    with the DOT Designated Agency Ethics Official, which will be provided
    to this Committee.
        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.
        I have investments in several railroad stocks as well as business
    relationships with industry.
        In connection with the nomination process, I have consulted with
    the Office of Government Ethics and the Department of Transportation
    (DOT) Designated Agency Ethics Official to identify potential conflicts
    of interest. Any potential conflicts of interest will be resolved
    consistent with the terms of the ethics agreement I have entered into
    with the DOT Designated Agency Ethics Official, which will be provided
    to this Committee.
        5. Identify any other potential conflicts of interest and explain
    how you will resolve each potential conflict of interest.
        In connection with the nomination process, I have consulted with
    the Office of Government Ethics and the Department of Transportation
    (DOT) Designated Agency Ethics Official to identify potential conflicts
    of interest. Any potential conflicts of interest will be resolved
    consistent with the terms of the ethics agreement I have entered into
    with the DOT Designated Agency Ethics Official, which will be provided
    to this Committee.
        6. Describe any activity during the past ten years, including the
    names of clients represented, in which you have been engaged for the
    purpose of directly or indirectly influencing the passage, defeat, or
    modification of any legislation or affecting the administration and
    execution of law or public policy.
        As President of Pan Am Railways the organization was a member of
    the Association of American Railroads (AAR) and the American Short Line
    and Regional Railroad Association (ASLRRA).
                                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 the 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, municipal, or foreign government entity, other than for
    a minor traffic offense? If so, please explain. No.
        3. Have you or any business or nonprofit of which you are or were
    an officer ever been involved as a party in an administrative agency
    proceeding, criminal proceeding, or civil litigation? If so, please
    explain.
        Yes, in 2006 I was Executive Vice President of Pan Am Railways when
    it had a locomotive leak fuel in Ayer, MA. The company was found guilty
    of not reporting the leak promptly. The top four officers were placed
    on probation.
        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, in 2006 I was Executive Vice President of Pan Am Railways when
    it had a locomotive leak fuel in Ayer, MA. The company was found guilty
    of not reporting the leak promptly. The top four officers were placed
    on probation.
        5. Have you ever been accused, formally or informally, of sexual
    assault, 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.
                         d. relationship with committee
        1. Will you ensure that your department/agency/commission/
    corporation complies with deadlines for information set by
    congressional committees, and that your department/agency/commission/
    corporation 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/commission/
    corporation does whatever it can to protect congressional witnesses and
    whistleblowers from reprisal for their testimony and disclosures? Yes.
        3. Will you cooperate in providing the Committee with requested
    witnesses, including technical experts and career employees, with
    firsthand knowledge of matters of interest to the Committee? Yes.
        4. Are you willing to appear and testify before any duly
    constituted committee of the Congress on such occasions as you may be
    reasonably requested to do so? Yes.
                                     ______

                         Resume of David Armstrong Fink

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Chairman Cruz. Thank you, Mr. Fink. I now recognize Mr.
    Fogel for his opening statement.

    STATEMENT OF DAVID FOGEL, NOMINEE TO BE ASSISTANT SECRETARY OF
       COMMERCE AND DIRECTOR GENERAL, UNITED STATES AND FOREIGN
                           COMMERCIAL SERVICE

        Mr. Fogel. Thank you. Chairman Cruz, Senator Peters, and
    members of the Committee, thank you for the opportunity to
    appear before you today for what is my second Senate
    confirmation hearing for the position of Assistant Secretary of
    Commerce for Global Markets and Director General of the U.S.
    and Foreign Commercial Service. I am honored to be nominated by
    President Donald J. Trump for this position, and I also want to
    thank Secretary Lutnick for his support of my nomination. I
    also want to thank the Committee for the opportunity to meet
    with many of you and your staff leading up to this hearing.
        Unfortunately, my family is not able to be with me today,
    given that my three daughters have exams this week back in
    Connecticut, and they already missed 2 days of high school to
    attend my first confirmation hearing. I do, however, want to
    thank my sister, Linda, for attending and joining us today.
        The Global Markets Division of the Department of Commerce
    plays a key role in implementing the priorities of President
    Trump and supporting the Administration's goals of
    strengthening the American economy, supporting and creating
    American jobs, and boosting our economic and national security.
    The Global Markets team works with foreign governments to
    ensure fair access for U.S. companies, promotes the export of
    goods and services for U.S. companies of all sizes, and
    facilitates foreign direct investment into the United States.
    In many respects, my private and public sector experience, as
    well as my educational background, have prepared me well for
    this important responsibility.
        From a young age, my father instilled in me a strong sense
    of public service. His encouragement led me to attend the
    Georgetown School of Foreign Service. I stayed at Georgetown
    for four more years to earn my JD and MBA degrees. While in
    school, I interned for all three branches of the Federal
    Government--in the White House, on Capitol Hill for two U.S.
    Senators, and for a Federal judge--as well as for former U.N.
    Ambassador, Jeane Kirkpatrick.
        My professional career began at Sullivan & Cromwell in New
    York City as a corporate attorney focused on domestic and
    international transactions. From there I went on to build three
    companies in three innovative sectors, continuing to negotiate
    cross-border transactions and manage large teams.
        I also had the privilege of serving in President Trump's
    first administration. Initially, I was the Chief of Staff at
    the Export-Import Bank, where I helped oversee a team of
    professionals who executed billions of dollars of transactions
    for small, medium, and large U.S. companies. I also helped
    establish the bank's new financing program to compete with
    China, which the U.S. Congress had just wisely mandated.
    Subsequently, I moved over to the State Department where I
    served as Senior Advisor and Chief Business Development Officer
    under Keith Krach, the Under Secretary for Economic Growth.
    There, I continued my work helping U.S. companies compete with
    China and win deals abroad.
        I hope to leverage all of my experience to help execute the
    Trump administration's strategy of expanding exports abroad
    while increasing investments here at home. Our great American
    businesses produce the best goods and services in the world.
    They just need a level playing field to compete and succeed in
    the global marketplace. If confirmed, I will work closely with
    the members of this Committee, and with Congress as a whole, to
    ensure that Global Markets Unit of the International Trade
    Administration is as effective and successful as possible.
        Thank you again for your consideration of my nomination,
    and I look forward to answering your questions.
        [The prepared statement and biographical information of Mr.
    Fogel follow:]

     Prepared Statement of David L. Fogel, Nominee for Assistant Secretary
        for Global Markets and Director General of the U.S. and Foreign
                Commercial Service, U.S. Department of Commerce
        Chairman Cruz, Ranking Member Cantwell, and Members of the
    Committee--thank you for the opportunity to appear before you today for
    what is my second Senate confirmation hearing for the position of
    Assistant Secretary of Commerce for Global Markets and Director General
    of the U.S. and Foreign Commercial Service. I am honored to be
    nominated by President Donald J. Trump for this position, and I also
    want to thank Secretary Lutnick for his support for my nomination. I
    also want to thank the Committee for the opportunity to meet with many
    of you and your staff leading up to this hearing.
        Unfortunately, my family is not able to be with me today, given
    that my three daughters have exams this week back in Connecticut, and
    they already missed two days of high school to attend my first
    confirmation hearing. I do, however, want to thank my sister Linda for
    attending and joining us today.
        The Global Markets division of the Department of Commerce plays a
    key role in implementing the priorities of President Trump and
    supporting the Administration's goals of strengthening the American
    economy, supporting and creating American jobs, and boosting our
    economic and national security. The Global Markets team (1) works with
    foreign governments to ensure fair access for U.S. companies, (2)
    promotes the export of goods and services for U.S. companies of all
    sizes, and (3) facilitates foreign direct investment into the United
    States.
        My private and public sector experience, as well as my educational
    background, have prepared me well for this important responsibility.
        From a young age, my father instilled in me a strong sense of
    public service. His encouragement led me to attend the Georgetown
    School of Foreign Service. I stayed at Georgetown for four more years
    to earn my JD and MBA degrees. While in school, I interned for all
    three branches of the Federal government--in the White House, on
    Capitol Hill for two U.S. senators, and for a Federal judge--as well as
    for former UN Ambassador, Jeane Kirkpatrick.
        My professional career began at Sullivan & Cromwell in NYC as a
    corporate attorney focused on domestic and international transactions.
    From there I went on to build three companies in three innovative
    sectors, continuing to negotiate cross-border transactions and manage
    large teams.
        I had the privilege of serving in President Trump's first
    administration. Initially, I was the Chief of Staff at the Export-
    Import Bank, where I helped oversee a team of professionals who
    executed billions of dollars of transactions for small, medium, and
    large U.S. companies. I also helped establish the Bank's new financing
    program to compete with China, which the U.S. Congress had just wisely
    mandated. Subsequently, I moved over to the State Department where I
    served as Senior Advisor and Chief Business Development Officer under
    Keith Krach, the Under Secretary for Economic Growth. There, I
    continued my work helping U.S. companies compete with China and win
    deals abroad.
        I hope to leverage all of my experience to help execute the Trump
    Administration's strategy of expanding exports abroad while increasing
    investments here at home. Our great American businesses produce the
    best goods and services in the world--they just need a level playing
    field to compete and succeed in the global marketplace.
        If confirmed, I will work closely with the members of this
    Committee, and with Congress as a whole, to ensure that Global Markets
    unit of the International Trade Administration is as effective and
    successful as possible.
        Thank you again for your consideration of my nomination, and I look
    forward to answering your questions.
                                     ______

                          a. biographical information
        1. Name (Include any former names or nicknames used): David L.
    Fogel.
        2. Position to which nominated: Assistant Secretary of Commerce
    (Global Markets) & Director General of the U.S. and Foreign Commercial
    Service.
        3. Date of Nomination: 2/11/2025.
        4. Address (List current place of residence and office addresses):

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

        5. Date and Place of Birth: May 28, 1971; Rochester, NY.
        6. Provide the name, position, and place of employment for your
    spouse (if married) or domestic partner, and the names and ages of your
    children (including stepchildren and children by a previous marriage).

            Wife: Meade Y. Fogel Employment: Homemaker (current and past).

        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.

    ------------------------------------------------------------------------
                                 Dates         Degree(s)        Date(s) of
          Institution           Attended        Received        Degree(s)
    ------------------------------------------------------------------------
    Georgetown University    1993-1997      JD               May 1997
     Law Center
    Georgetown University    1993-1997      MBA              May 1997
     McDonough School of
     Business
    Georgetown University    1990-1993      BSFS N/A         May 1993 N/A
     Walsh School of          1989-1990
     Foreign Service
    Washington University
     (St. Louis)
     [transferred after 1
     year]
    ------------------------------------------------------------------------

        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.

    ------------------------------------------------------------------------
            Employer                  Position             Dates of Service
    ------------------------------------------------------------------------
    North Country            CEO Consultant              2/22-Present
     Colocation Services                                 11/21-2/22
     Corp. (NCCS) [sold to
     NYDIG LLC 8/2024]
    Georgetown University    Adjunct Professor           2018-Present
     Law Center
    Bitwise Funds Trust      Trustee                     9/2022-Present
    U.S. Department of       Assistant Secretary for     11/20 Nomination
     State                    Economic and Business
                              Affairs (Nominee Only)
                             Senior Advisor to the       9/20-1/21
                              Under Secretary of State
                              for Economic Growth
    Export-Import Bank of    Chief of Staff              6/19-9/20
     the United States
    New York Life            Managing Director and       4/15-12/18
                              Advisor
    IndexIQ LLC [sold to     President and COO           6/06-12/18
     New York Life 4/2015]
    Groton Partners LLC      Vice President              1/05-6/06
    Circle Peak Capital LLC  Co-Founder and Principal    1/03-1/05
    Updata Partners          Consultant                  2002
    TheStreet.com, Inc.      Vice President              1/01-2002
    SmartPortfolio.com,      Co-Founder and Vice         5/99-12/00
     Inc. [sold to            President
     TheStreet.com 12/2020]
    Sullivan & Cromwell LLP  Associate                   9/97-4/99
    ------------------------------------------------------------------------

        9. Attach a copy of your resume.
        See attachment.
        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.

    ------------------------------------------------------------------------
       Government Entity              Position             Dates of Service
    ------------------------------------------------------------------------
    U.S. Department of       Assistant Secretary for     11/20 Nomination
     State                    Economic and Business
                              Affairs (Nominee Only)
                             Senior Advisor to the       9/20-1/21
                              Under Secretary of State
                              for Economic Growth
    Export-Import Bank of    Chief of Staff              6/19-9/20
     the United States
    Town of Fairfield, CT    District Representative     11/18-6/19
     Representative Town      [interim appointment to
     Meeting (RTM) [local     fill vacancy of departing
     government/comparable    member; did not run for
     to a town council]       office]
    Sen. Fred Thompson (TN)  Intern                      Summer 1997
    U.S. District Judge      Intern                      Summer 1994
     Michael Telesca (WD-
     NY)
    U.S. Ambassador to the   Intern                      Summer 1993
     United Nations, Jeane
     Kirkpatrick
    White House              Intern                      Summer 1992
    Sen. Alphonse D'Amato    Intern                      Summer 1991
     (NY)
    ------------------------------------------------------------------------

        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.
        See responses to Questions 8 and 12, which include all information
    requested--no other positions.
        12. List all memberships 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
    (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.
        See below. None of the clubs or organizations restrict membership
    in these ways.

    ------------------------------------------------------------------------
          Organization         Office Held (if any)     Dates of Membership
    ------------------------------------------------------------------------
    Educational
    Georgetown University    Adjunct Professor        2018-2024
     Law Center,
     Washington, D.C.
    Georgetown University    Board of Advisors        2022-Present
     McCourt School of
     Public Policy,
     Washington, D.C.
    Georgetown University    Board of Advisors        2015-2019
     McDonough School of
     Business, Washington,
     D.C.
    Georgetown University    Entrepreneur-in-         2018-2019
     McDonough School of      Residence
     Business, Washington,
     D.C.
    Georgetown University    Member, Board of         2004-2019
     Wall Street Alliance,    Advisors
     New York, New York
    Civic
    Global Tech Security     Commissioner             2022-2024
     Commission               (Development Finance)
    Atlantic Council         Nonresident Senior       2022-2024
                              Fellow
                             Member--Gray Zone Task   2022-2023
                              Force
    Krach Institute for      Member--Advisory         2022-Present
     Tech                     Council
    Diplomacy Freedom House  Member, Board of         2016-2019, 2022-
                              Trustees                 Present
    Citizens Union of the    Member, Board of         2002-2008
     City of New York         Trustees
    Landmarks Conservancy    Member, Board of         2007-2010
     of New York City         Directors
    Charitable
    Horizons of Sacred       Board of Directors       2021-Present
     Heart University
    Professional
    New York State Bar       Member                   2008-Present
     Association
    2American Bar            Member                   2008-Present
     Association
    Other
    National Rifle           Member                   2008-Present
     Association
    Federalist Society       Member                   2019-Present
    Republican Jewish        Member                   2009-Present
     Coalition
    Social Club Memberships
    Country Club of                                   2020-Present
     Fairfield (Fairfield,
     CT)
    Eastward Ho! Golf Club                            2017-Present
     (Chatham, MA)
    Cape Cod National Golf                            2011-Present
     Club (Brewster, MA)
    Gulf Stream Golf Club                             2021-Present
     (Gulf Stream, FL)
    Idle Hour Country Club                            2005-Present
     (Lexington, KY)
    Ten Mile River Preserve                           2015-Present
     (Dover Plains, NY)
    The University Club of                            2005-Present
     NY (New York, NY)
    The Links Club (New                               2009-Present
     York, NY)
    Ned's Club (New York,                             2024-Present
     NY)
    The Metropolitan Club                             2022-Present
     (Washington, DC)
    Capitol Hill Club                                 2021-Present
     (Washington, DC)
    2Gulf Stream Bath and                             2015-Present
     Tennis Club (Gulf
     Stream, FL)
    Chatham Beach and                                 2005-Present
     Tennis Club (Chatham,
     MA)
    Stage Harbor Yacht Club                           2016-Present
     (Chatham, MA)
    ------------------------------------------------------------------------

        13. Have you ever been a candidate for and/or held a public office
    (elected, non-elected, or appointed)? If so, indicate whether any
    campaign has any outstanding debt, the amount, and whether you are
    personally liable for that debt.
        I have never been a candidate. See response to #10 for public
    offices held.
        14. List all memberships and offices held with and services
    rendered to, whether compensated or not, any political party or
    election committee within the past ten years. If you have held a paid
    position or served in a formal or official advisory position (whether
    compensated or not) in a political campaign within the past ten years,
    identify the particulars of the campaign, including the candidate, year
    of the campaign, and your title and responsibilities.
        N/A.
        15. Itemize all political contributions to any individual, campaign
    organization, political party, political action committee, or similar
    entity of $200 or more for the past ten years. See attachment.
        16. List all scholarships, fellowships, honorary degrees, honorary
    society memberships, military medals, and any other special recognition
    for outstanding service or achievements.

    ------------------------------------------------------------------------
          Organization                 Type                Date Received
    ------------------------------------------------------------------------
    Export-Import Bank of    Distinguished Service    September 2020
     the United States        Award
    Georgetown University    Dean's Award             September 2016
     McDonough School of
     Business
    Georgetown University    Entrepreneur of the      May 2016
     Alumni Association       Year Award
    Georgetown University    --Magna Cum Laude        May 1997
     Law Center              --Order of the Coif      May 1997
                             --Law Review,            1995-1997
                              Georgetown Law Journal
    Georgetown University    --Summa Cum Laude        May 1993
     School of Foreign       --Phi Beta Kappa
     Service                 --J. Raymond Trainor
                              Award (highest overall
                              GPA in international
                              politics courses)
                             --W. Coleman Nevils
                              Medal (excellence in
                              the study of U.S.
                              diplomatic history)
    ------------------------------------------------------------------------

        17. List all books, articles, columns, letters to the editor,
    Internet blog postings, or other publications 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.
        To the best of my recollection and based on searches I conducted,
    my responses are below.

    ------------------------------------------------------------------------
              Title             Publisher/Periodical/Source        Date
    ------------------------------------------------------------------------
    ``Guest Viewpoint: North   North Country Now              4/12/24
     Country Data Center's     https://
     future thwarted by         www.northcountrynow.com/
     proposed regulations''     stories/north-country-data-
                                centers-future-thwarted-by-
                                proposed-regulations,236005?

    ``What Russia's war in     Atlantic Council               4/21/23
     Ukraine shows the U.S.    https://
     about hybrid conflict      www.atlanticcouncil.org/
     with China''--Section      content-series/hybrid-
     entitled ``When it comes   warfare-project/what-russias-
     to China, the West can't   war-in-ukraine-shows-the-us-
     rely on an economic        about-hybrid-conflict-with-
     strategy designed to       china/#david-fogel
     weaken Russia''

    ``Scoping the gray zone:   Atlantic Council               12/22/22
     Defining terms and        https://
     policy priorities for      www.atlanticcouncil.org/
     engaging competitors       content-series/strategic-
     below the threshold of     insights-memos/scoping-the-
     conflict''--Section        gray-zone-defining-terms-and-
     entitled ``Involving       policy-priorities-for-
     economic policies and      engaging-competitors-below-
     institutions''             the-threshold-of-conflict/

    ``The National Defense     Atlantic Council               12/13/22
     Strategy shows the        https://
     Pentagon's increased       www.atlanticcouncil.org/
     focus on the gray zone.    content-series/hybrid-
     Here's what that           warfare-project/the-national-
     means.''--Section          defense-strategy-shows-the-
     entitled ``How can the     pentagons-increased-focus-on-
     U.S. government and        the-gray-zone-heres-what-
     private sector             that-means/
     complement traditional
     military efforts?''
    ------------------------------------------------------------------------

        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.
        To the best of my recollection and based on searches I conducted,
    my responses are below.

    ------------------------------------------------------------------------
              Title             Publisher/Periodical/Source        Date
    ------------------------------------------------------------------------
    ``EXIM Staff Participates  EXIM Website                   9/22/20
     in Roundtable Discussion  https://www.exim.gov/news/
     with Business Leaders in   exim-staff-participates-
     Serbia''                   roundtable-discussion-
                                business-leaders-serbia

    ``Remarks on EXIM's        EXIM Website                   5/21/20
     Review Process for        https://www.exim.gov/news/
     EXIM's Economic Impact     archives/speeches/re marks-
     Procedures and             exims-review-process-for-
     Additionality              exims-economic-impact-
     Guidelines''               procedures-and
    ------------------------------------------------------------------------

        19. List all public statements you have made during the past ten
    years, including statements in news articles and radio and podcasts 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.
        To the best of my recollection and based on searches I conducted,
    my responses are below.

    ------------------------------------------------------------------------
              Title             Publisher/Periodical/Source        Date
    ------------------------------------------------------------------------
    ``Massena Bitcoin mining   North Country Now              10/21/24
     operation set to receive  https://
     significant investment     www.northcountrynow.com/
     for expansion at former    stories/massena-bitcoin-
     Alcoa East plant''         mining-operation-set-to-
                                receive-significant-
                                investment-for-expansion-at-
                                former,268559

    ``Town of Massena passes   North Country Now              9/28/24
     crypto mining             https://
     regulations after years-   www.northcountrynow.com/
     long moratorium''          stories/town-of-massena-
                                passes-crypto-mining-
                                regulations-after-years-long-
                                moratorium,264675

    ``Town of Massena to       North Country Now              9/16/24
     weigh adopting crypto     https://
     regulations, overriding    www.northcountrynow.com/
     2 percent tax cap in       stories/town-of-massena-to-
     Sept. 18 public            weigh-adopting-crypto-
     hearings''                 regulations-overriding-2-tax-
                                cap-in-sept-18-public,262445

    ``Crypto regulations       North Country Now              7/6/24
     under review in Massena,  https://
     nearing finish line''      www.northcountrynow.com/
                                stories/crypto-regulations-
                                under-review-in-massena-
                                nearing-finish-line,250030

    ``Massena crypto           North Country Now              5/25/24
     regulations nearly        https://
     finalized, county review   www.northcountrynow.com/
     planned''                  stories/massena-crypto-
                                regulations-nearly-finalized-
                                county-review-planned,243309

    ``Massena town board       North Country Now              5/9/24
     extends crypto            https://
     moratorium again,          www.northcountrynow.com/
     potentially delaying       stories/massena-town-board-
     $100 million expansion     extends-crypto-moratorium-
     project for one            again-potentially-delaying-
     operation''                100-million-expansion,240823

    ``Massena crypto           North Country Now              3/22/24
     regulations nearly        https://
     finalized but one          www.northcountrynow.com/
     operation pushes back on   stories/massena-crypto-
     language in proposal''     regulations-nearly-finalized-
                                but-one-operation-pushes-
                                back-on-language-in-
                                proposal,232905?
    ------------------------------------------------------------------------

        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.

            Facebook: https://www.facebook.com/david.fogel.946
            [david.fogel.946]

            Instagram: https://www.instagram.com/david.fogel.946/
            [david.fogel.946]

            X/Twitter: https://x.com/legofdavid [legofdavid]

            Truth Social: https://truthsocial.com/@legofdavid [@legofdavid]

        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, committee, and subject
    matter of each testimony.
        Nomination Hearing (same position), U.S. Senate Committee on
    Banking, Housing and Urban Affairs, 4/10/2025
        22. Given the current mission, major programs, and major
    operational objectives of the department/agency/commission/corporation
    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?

       Experienced and accomplished business executive and
            entrepreneur across multiple sectors.

       Extensive transaction and business development experience.

       Served in international economic diplomacy and commercial
            roles at Export-Import Bank of the United States and State
            Department (Economic Division) from June 2019-January 2021.

         These roles specifically included advocating for U.S.
                business interests in foreign countries.

         I participated in three U.S. multi-agency economic
                delegation trips in 2020, including approximately 15
                countries across Europe, Africa, Latin America and Asia.

       Continued international economic policy engagement post-
            departure through service with Atlantic Council, Krach
            Institute, and Global Tech Security Commission, as described
            above.

       Degree in Foreign Service from Georgetown Walsh School of
            Foreign Service, MBA from Georgetown, and JD from Georgetown.

        23. What do you believe are your responsibilities, if confirmed, to
    ensure that the department/agency/commission/corporation has proper
    management and accounting controls, and what experience do you have in
    managing a large organization?
        Effective management and financial controls are essential in any
    organization. I have led three businesses in three different industries
    during my long career in the private sector. In addition, I served as
    the chief of staff at the Export-Import Bank and as the senior advisor
    and chief business development officer at the State Department. In all
    of these roles, strong leadership and active management, including over
    financial controls, were key. For the government positions, my goals
    were the careful stewardship of taxpayer funds and collaborative
    leadership with my team in fulfilling the Administration's priorities.
    For the private sector, I ensured each company was operating at peak
    efficiency, while maximizing the potential of my employees.
        24. What do you believe to be the top three challenges facing the
    department/agency/commission/corporation, and why?
        Global Markets in the International Trade Administration occupies a
    key role supporting the trade policies of the President. This critical
    task, however, comes with several significant challenges:

      1.  The global landscape for foreign direct investment is incredibly
            competitive. One of my top objectives at Global Markets will be
            increasing the share of FDI into the U.S.

      2.  The private sector in the United States often faces many hurdles
            to access foreign markets, between tariffs and non-tariff trade
            barriers. Fighting for American businesses to ensure we are
            competing on a level playing field will take significant
            effort.

      3.  Lastly, close coordination and collaboration within ITA and
            across other Federal departments and agencies will be vital to
            our success at Global Markets.
                       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.
        As described in my Form 278 Sections 2 and 3 and Ethics Agreement,
    I will have limited continuing dealings with former employers:

       My equity in NYDIG LLC was received in connection with the
            acquisition of North Country Colocation Services Corp. (NCCS),
            my past and current employer, in 2024. NCCS is now a wholly-
            owned indirect subsidiary of NYDIG. Upon confirmation, I will
            have no ongoing financial arrangements with NYDIG or NCCS,
            except for (1) continuing to hold the NYDIG LLC interests and
            (2) maintaining a relatively small 401K account with NYDIG (the
            plan sponsor will not make further contributions after my
            separation).
       I am resigning from the Board of Ligilo, Inc. on April 15,
            2025. After separation, I will retain my equity investment in
            Ligilo and my vested stock options received in connection with
            my Board service.
        2. Do you have any commitments or agreements, formal or informal,
    to maintain employment, affiliation, or practice with any business,
    association, or other organization during your appointment? If so,
    please explain.
        No.
        3. Indicate any investments, obligations, liabilities, or other
    relationships which could involve potential conflicts of interest in
    the position to which you have been nominated. Explain how you will
    resolve each potential conflict of interest.
        I have worked with lawyers in the Ethics Department of the
    Department of Commerce to identify and resolve potential conflicts of
    interest. That resolution is memorialized in my Ethics Agreement that
    has been reviewed and approved by the Department of Commerce and the
    Office of Government Ethics. Upon confirmation, I will abide by the
    terms of my Ethics Agreement and follow applicable government ethics
    laws and regulations based on guidance from the Ethics Office of the
    Department of Commerce.
        4. Describe any business relationship, dealing, or financial
    transaction which you have had during the last ten years, whether for
    yourself, on behalf of a client, or acting as an agent, that could in
    any way constitute or result in a possible conflict of interest in the
    position to which you have been nominated. Explain how you will resolve
    each potential conflict of interest.
        None, other than already disclosed in my responses to #s 1 and 3
    above.
        5. Identify any other potential conflicts of interest and explain
    how you will resolve each potential conflict of interest. None.
        6. Describe any activity during the past ten years, including the
    names of clients represented, in which you have been engaged for the
    purpose of directly or indirectly influencing the passage, defeat, or
    modification of any legislation or affecting the administration and
    execution of law or public policy.
        As CEO of NCCS, I advocated against the adoption of cryptocurrency
    mining regulations by the Town of Massena, NY. See this link for more
    information: https://www.northcountrynow.com/stories/north-country-
    data-centers-future-thwarted-by-proposed-regulations,236005?
                                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 the 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, municipal, or foreign government 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
    assault, sexual harassment, or discrimination on the basis of sex,
    race, religion, or any other basis? If so, please explain. No.
        6. Please advise the Committee of any additional information,
    favorable or unfavorable, which you feel should be disclosed in
    connection with your nomination. None.
                         d. relationship with committee
        1. Will you ensure that your department/agency/commission/
    corporation complies with deadlines for information set by
    congressional committees, and that your department/agency/commission/
    corporation endeavors to timely comply with requests for information
    from individual Members of Congress, including requests from members in
    the minority?
        Yes, as appropriate.
        2. Will you ensure that your department/agency/commission/
    corporation 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, as appropriate.
        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.
        (Nominee is to include this signed affidavit along with answers to
    the above questions.)
                                     ______

                            Resume of David L. Fogel

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                    POLITICAL DONATIONS SCHEDULE: DAVID FOGEL
    ------------------------------------------------------------------------
                Recipient (Federal)               Year     Date      Amount
    ------------------------------------------------------------------------
    COTTON MAJORITY COMMITTEE                     2025    2/18/25     $7,000
    TEAM NUNN                                     2025     2/8/25     $6,600
    CURTIS BASHAW FOR U.S. SENATE, INC.           2024    11/5/24     $1,000
    REPUBLICAN NATIONAL COMMITTEE                 2024   10/23/24     $4,901
    REPUBLICAN NATIONAL COMMITTEE                 2024   10/23/24     $5,099
    TRUMP 47 COMMITTEE, INC.                      2024   10/23/24    $10,000
    SCHMITT FOR SENATE                            2024   10/21/24     $6,600
    CURTIS BASHAW FOR U.S. SENATE, INC.           2024    9/25/24     $3,300
    ROUNDS FOR SENATE                             2024    9/21/24     $3,300
    REPUBLICAN NATIONAL COMMITTEE                 2024    9/10/24    $21,700
    COTTON MAJORITY COMMITTEE                     2024    9/10/24     $5,000
    NRSC                                          2024    9/10/24     $5,000
    TRUMP 47 COMMITTEE, INC.                      2024    9/10/24    $21,700
    THE EYE OF THE TIGER POLITICAL ACTION         2024     9/9/24     $5,000
     COMMITTEE
    SCALISE FOR CONGRESS                          2024     9/9/24     $3,300
    EMMER FOR CONGRESS                            2024     9/9/24     $1,041
    SCALISE LEADERSHIP FUND 2024                  2024     9/4/24    $10,000
    EMMER MAJORITY BUILDERS                       2024     9/4/24     $1,041
    ANDY BARR FOR CONGRESS, INC.                  2024     9/4/24     $1,000
    MICHAEL WALTZ FOR CONGRESS                    2024    8/31/24     $3,300
    NEVER SURRENDER, INC.                         2024    8/30/24     $3,300
    NEVER SURRENDER, INC.                         2024    8/30/24     $3,300
    REPUBLICAN NATIONAL COMMITTEE                 2024    8/30/24    $14,226
    TRUMP 47 COMMITTEE, INC.                      2024    8/30/24    $25,826
    SAVE AMERICA                                  2024    8/30/24     $5,000
    LAWLER VICTORY FUND                           2024    7/30/24     $3,300
    LAWLER FOR CONGRESS, INC.                     2024    7/30/24     $3,300
    NEVER SURRENDER, INC.                         2024    7/16/24     $3,300
    TRUMP 47 COMMITTEE, INC.                      2024    7/16/24     $3,300
    GSL PAC                                       2024    6/25/24     $3,300
    MICHAEL WALTZ FOR CONGRESS                    2024    6/17/24     $1,700
    MICHAEL WALTZ FOR CONGRESS                    2024    6/17/24     $3,300
    SERVANT LEADERSHIP FUND                       2024     6/9/24     $5,000
    BERNIE MORENO FOR SENATE                      2024    5/16/24     $1,000
    EMMER MAJORITY BUILDERS                       2024    5/13/24     $1,500
    EMMER FOR CONGRESS                            2024    5/13/24     $1,500
    TEAM MORENO                                   2024    5/11/24     $1,000
    GEORGE LOGAN FOR CONGRESS                     2024    5/10/24     $3,300
    IOWANS FOR ZACH NUNN                          2024     5/5/24     $3,300
    IOWANS FOR ZACH NUNN                          2024     5/5/24     $3,300
    REPUBLICAN MAJORITY FUND                      2024     5/1/24     $5,000
    COTTON MAJORITY COMMITTEE                     2024     5/1/24    $10,000
    NRSC                                          2024     5/1/24     $5,000
    TEAM MCCORMICK                                2024    3/29/24     $3,300
    REPUBLICAN FEDERAL COMMITTEE OF               2024    3/29/24     $3,300
     PENNSYLVANIA
    REPUBLICAN NATIONAL COMMITTEE                 2024    2/16/24       $275
    LAWLER FOR CONGRESS, INC.                     2024     2/6/24     $2,023
    NRSC                                          2024    1/29/24    $41,300
    GEORGE LOGAN FOR CONGRESS                     2023   12/17/23     $3,300
    FRIENDS OF DAVE MCCORMICK                     2023   12/16/23     $3,300
    TEAM MCCORMICK                                2023   12/16/23     $3,300
    COTTON FOR SENATE, INC.                       2023   10/11/23       $400
    COTTON FOR SENATE, INC.                       2023   10/11/23       $400
    COTTON MAJORITY COMMITTEE                     2023   10/11/23     $2,500
    NRSC                                          2023   10/11/23     $1,700
    GEORGE LOGAN FOR CONGRESS                     2023    10/8/23     $3,300
    STAND FOR AMERICA PAC                         2023    9/29/23     $3,300
    TEAM STAND FOR AMERICA                        2023    9/29/23     $3,300
    FRIENDS OF DAVE MCCORMICK                     2023    9/24/23     $3,300
    NIKKI HALEY FOR PRESIDENT INC.                2023    5/25/23     $3,300
    COTTON MAJORITY COMMITTEE                     2023    5/25/23     $5,000
    REPUBLICAN MAJORITY FUND                      2023    5/25/23     $5,000
    ANDY BARR FOR CONGRESS, INC.                  2023    3/26/23     $2,300
    ANDY BARR FOR CONGRESS, INC.                  2023    3/26/23     $3,300
    TIM SCOTT FOR AMERICA                         2023    3/19/23     $1,500
    TIM SCOTT FOR AMERICA                         2023    3/19/23     $1,500
    NRSC                                          2023     2/7/23    $41,300
    REPUBLICAN NATIONAL COMMITTEE                 2023    1/12/23       $250
    ROSENDALE VICTORY FUND                        2022    9/24/22     $1,500
    MATT ROSENDALE FOR MONTANA                    2022    9/24/22     $1,500
    SCHELLER FOR CONGRESS, INC.                   2022    8/16/22     $1,000
    LEORA LEVY FOR U.S. SENATE, INC.              2022    7/21/22     $1,000
    MICHAEL WALTZ FOR CONGRESS                    2022     7/5/22       $900
    MICHAEL WALTZ FOR CONGRESS                    2022     7/5/22     $2,000
    SERVANT LEADERSHIP FUND                       2022    6/25/22     $2,000
    MICHAEL WALTZ FOR CONGRESS                    2022    6/25/22     $2,000
    AMERICAN VALUES FIRST                         2022     5/2/22     $2,500
    JAYME STEVENSON FOR CONGRESS                  2022     4/2/22     $2,900
    STAND FOR AMERICA PAC                         2022     4/2/22     $5,000
    BOGNET FOR CONGRESS                           2022     3/3/22     $2,900
    COTTON VICTORY                                2022    2/21/22     $5,800
    REPUBLICAN MAJORITY FUND                      2022    2/21/22     $5,000
    COTTON FOR SENATE, INC.                       2022    2/21/22       $800
    RON JOHNSON FOR SENATE, INC.                  2022     2/2/22       $500
    REPUBLICAN NATIONAL COMMITTEE                 2022    1/26/22     $1,100
    RON JOHNSON VICTORY                           2022    1/24/22       $500
    DAVE MCCORMICK FOR U.S. SENATE                2022    1/13/22     $2,900
    NRSC                                          2021   11/29/21    $36,500
    TAMIKA HAMILTON FOR CONGRESS                  2021   11/12/21     $1,000
    FRIENDS OF TODD YOUNG, INC.                   2021   10/25/21     $5,800
    BOGNET FOR CONGRESS                           2021   10/23/21     $2,900
    JOHN KENNEDY FOR US                           2021    10/4/21     $2,900
    DAN CRENSHAW VICTORY COMMITTEE                2021    9/24/21     $5,800
    DAN CRENSHAW FOR CONGRESS                     2021    9/24/21     $2,900
    DAN CRENSHAW FOR CONGRESS                     2021    9/24/21     $2,900
    GEORGE LOGAN FOR CONGRESS                     2021    9/21/21     $2,900
    GEORGE LOGAN FOR CONGRESS                     2021    9/21/21     $2,900
    ROSENDALE VICTORY FUND                        2021     9/3/21     $2,900
    MATT ROSENDALE FOR MONTANA                    2021     9/3/21     $2,900
    CHAMPION AMERICAN VALUES                      2021     8/8/21     $5,000
    COTTON VICTORY                                2021    5/23/21    $10,000
    REPUBLICAN MAJORITY FUND                      2021    5/23/21     $5,000
    COTTON FOR SENATE, INC.                       2021    5/23/21     $2,100
    COTTON FOR SENATE, INC.                       2021    5/23/21     $2,900
    MORAN VICTORY COMMITTEE                       2021    3/23/21     $2,900
    MORAN FOR KANSAS                              2021    3/23/21     $2,900
    STAND FOR AMERICA PAC                         2021     3/8/21     $5,000
    CLUB FOR GROWTH ACTION                        2021     2/3/21     $1,000
    JIMMY PANETTA FOR CONGRESS                    2021     2/3/21     $2,900
    JIMMY PANETTA FOR CONGRESS                    2021     2/3/21     $2,900
    REPUBLICAN NATIONAL COMMITTEE                 2021    1/29/21     $1,000
    NRCC                                          2021    1/28/21     $1,000
    ANDY BARR FOR CONGRESS, INC.                  2021     1/9/21     $2,700
    ANDY BARR FOR CONGRESS, INC.                  2021     1/9/21     $2,900
    GEORGIANS FOR KELLY LOEFFLER                  2021   12/31/20     $2,800
    PERDUE FOR SENATE                             2020   12/22/20     $2,800
    SENATE GEORGIA BATTLEGROUND FUND              2020   12/22/20     $5,600
    NICOLE FOR NEW YORK                           2020   10/23/20     $1,000
    REPUBLICAN NATIONAL COMMITTEE                 2020    10/8/20     $2,000
    KEEP PA GREAT                                 2020    10/7/20     $3,000
    CONNECTICUT REPUBLICAN PARTY                  2020    10/2/20     $1,000
    RIDDLE FOR CONGRESS                           2020    8/29/20     $1,000
    SULLIVAN FOR CONGRESS                         2020    8/23/20     $2,800
    NRCC                                          2020    8/15/20     $1,500
    BOGNET FOR CONGRESS                           2020    6/29/20     $2,800
    MATT ROSENDALE FOR MONTANA                    2020    6/12/20     $2,800
    NRSC                                          2020    5/10/20    $25,000
    REPUBLICAN MAJORITY FUND                      2020    3/27/20     $5,000
    REPUBLICAN NATIONAL COMMITTEE                 2020    2/24/20     $1,000
    NRCC                                          2020    2/14/20      $2500
    DONALD J. TRUMP FOR PRESIDENT, INC.           2020     2/2/20     $2,800
    BOGNET FOR CONGRESS                           2020    1/30/20     $2,800
    NRSC                                          2019   11/14/19    $25,000
    COTTON VICTORY                                2019    4/11/19     $5,000
    REPUBLICAN MAJORITY FUND                      2019    4/11/19     $2,300
    CORY GARDNER FOR SENATE                       2019    2/20/19     $2,800
    COTTON VICTORY                                2019    2/12/19     $2,700
    REPUBLICAN MAJORITY FUND                      2019    2/12/19     $2,700
    REPUBLICAN NATIONAL COMMITTEE                 2019    1/23/19     $1,000
    NRCC                                          2019    1/18/19       $500
    ROSS SPANO FOR CONGRESS                       2018   10/15/18     $1,000
    SANTOS FOR CONGRESS                           2018    9/26/18       $500
    HELLER FOR SENATE                             2018    9/19/18       $500
    NRSC                                          2018    9/16/18    $10,000
    REPUBLICAN MAJORITY FUND                      2018     9/4/18     $5,000
    COTTON VICTORY                                2018     9/4/18     $5,000
    NY REPUBLICAN FEDERAL CAMPAIGN COMMITTEE      2018    8/10/18    $10,000
    MATT ROSENDALE FOR MONTANA                    2018    7/30/18     $2,000
    JOHN FASO VICTORY COMMITTEE                   2018    7/24/18    $10,000
    REPUBLICAN PARTY OF KENTUCKY                  2018     6/9/18    $10,000
    COTTON FOR SENATE                             2018     5/7/18     $2,700
    COTTON VICTORY                                2018     5/7/18     $2,700
    COTTON VICTORY                                2018    4/26/18     $2,700
    COTTON FOR SENATE                             2018    4/26/18     $2,700
    CONNECTICUT REPUBLICAN PARTY                  2018    4/23/18    $10,000
    NRSC                                          2018     4/2/18    $15,000
    DOMINIC FOR U.S. SENATE                       2018     3/4/18     $1,000
    HARRY FOR CT INC.                             2018    2/28/18     $1,000
    REPUBLICAN NATIONAL COMMITTEE                 2018    1/23/18     $2,200
    NRCC                                          2018    1/22/18       $500
    NRCC                                          2017    11/1/17       $500
    FASO FOR CONGRESS                             2017   10/19/17     $2,700
    FASO FOR CONGRESS                             2017   10/18/17     $2,700
    NRCC                                          2017    10/1/17       $500
    MATT ROSENDALE FOR MONTANA                    2017    9/12/17     $1,000
    NRCC                                          2017     9/1/17       $500
    CONNECTICUT REPUBLICAN PARTY                  2017    8/24/17     $7,500
    NRCC                                          2017     8/1/17       $500
    NRCC                                          2017     7/1/17       $500
    NRSC                                          2017     6/7/17    $23,400
    NRSC                                          2017     6/7/17     $1,100
    NRCC                                          2017     6/1/17       $500
    ANDY BARR FOR CONGRESS, INC.                  2017    5/18/17     $2,700
    CITIZENS FOR JOSH MANDEL INC                  2017    5/15/17       $250
    JEFF FLAKE FOR U.S. SENATE INC                2017     5/7/17     $1,000
    NRCC                                          2017     5/1/17       $500
    HELLER FOR SENATE                             2017    4/30/17       $500
    JEFF FLAKE FOR U.S. SENATE INC                2017    4/30/17     $1,000
    NRSC                                          2017    4/30/17     $2,500
    CONNECTICUT FIRST                             2017    4/12/17     $5,000
    NRSC                                          2017     4/3/17     $2,500
    NRCC                                          2017     4/1/17       $500
    REPUBLICAN NATIONAL COMMITTEE                 2017    3/27/17     $1,100
    NRCC                                          2017     3/1/17       $500
    NRSC                                          2017    2/20/17     $2,500
    ANDY BARR FOR CONGRESS, INC.                  2017    2/18/17     $2,700
    NRCC                                          2017     2/1/17       $500
    NRSC                                          2017    1/27/17     $2,500
    REPUBLICAN NATIONAL COMMITTEE                 2017    1/17/17     $1,100
    NRSC                                          2017     1/1/17       $500
    CARTER 2016                                   2016    9/30/16       $350
    AUGUST WOLF FOR SENATE                        2016     4/5/16     $2,000
    REPUBLICAN NATIONAL COMMITTEE                 2016    3/23/16     $1,000
    KASICH FOR AMERICA INC                        2016    2/22/16       $350
    SHABAN FOR CONGRESS                           2016    2/15/16       $350
    NRSC                                          2016    1/29/16       $255
    CLUB FOR GROWTH ACTION                        2016    1/11/16     $1,000
    REPUBLICAN NATIONAL COMMITTEE                 2016     1/8/16       $500
    NRCC                                          2016     1/7/16       $500
    MARCO RUBIO FOR PRESIDENT                     2015    12/2/15     $2,700
    ANDY BARR FOR CONGRESS, INC.                  2015   11/24/15     $1,000
    JIMMY PANETTA FOR CONGRESS                    2015   11/16/15     $2,700
    RON DESANTIS FOR FLORIDA                      2015    10/4/15       $500
    STUTZMAN FOR SENATE                           2015    10/4/15       $500
    CONNECTICUT REPUBLICAN PARTY                  2015    8/31/15       $350
    REPUBLICAN NATIONAL COMMITTEE                 2015    1/20/15       $245
    NRSC                                          2015    1/16/15       $255
    RIGHT TO RISE PAC, INC.                       2015     1/9/15     $3,000
    ------------------------------------------------------------------------

    ------------------------------------------------------------------------
              Recipient (State/Local)             Year     Date      Amount
    ------------------------------------------------------------------------
    Fairfield Republican Town Committee           2024    9/21/24     $2,000
    Harrison for the 132nd                        2024    5/18/24       $320
    Fairfield Republican Town Committee           2023    9/25/23     $1,000
    Fairfield Republican Town Committee           2023     9/7/23       $250
    Bob for Governor                              2022    3/29/22     $3,500
    Farnen For Fairfield                          2022    1/22/22       $290
    Wethersfield Republican Town Committee        2021   10/11/21       $250
    Fairfield Republican Town Committee           2021    5/11/21     $2,000
    Fairfield First Political Action Committee    2021    3/29/21     $1,000
    Fairfield Republican Town Committee           2020    10/3/20     $1,000
    Connecticut Republican Party                  2020    10/2/20     $4,000
    Farnen For Fairfield                          2020    5/19/20       $270
    Laura Devlin for State Representative         2020     3/1/20       $270
    Hwang4Senate 2020                             2020     2/2/20       $270
    Farnen for Fairfield                          2019    12/1/19       $250
    Trumbull Republican Town Committee            2019     5/2/19       $250
    Fairfield Republican Town Committee           2019    3/13/19     $1,500
    Fairfield Republican Town Committee           2019    1/30/19       $500
    Muska for State Senate 2019                   2019    1/19/19       $250
    GB for Senate                                 2019    1/19/19       $250
    Bob for Governor                              2018    9/24/18       $350
    LeClerc for Probate                           2018    8/30/18       $250
    Fairfield Republican Town Committee           2018    8/16/18       $250
    Fairfield Republican Town Committee           2018    8/16/18       $100
    Hwang4Senate                                  2018     8/3/18       $250
    Laura Devlin for State Representative         2018     4/9/18       $250
    Connecticut Republican Party                  2017   11/28/17     $1,000
    Fairfield Republican Town Committee           2017    9/11/17       $250
    Fairfield Republican Town Committee           2017     9/4/17       $100
    Fairfield Republican Town Committee           2017     4/4/17       $100
    Fairfield Republican Town Committee           2016    8/28/16       $365
    Fairfield Republican Town Committee           2016    8/28/16       $100
    Tony Hwang For CT (Exploratory)               2016    7/11/16       $200
    Fairfield Republican Town Committee           2016    5/19/16       $225
    Fairfield Republican Town Committee           2016    5/19/16       $150
    Fairfield Republican Town Committee           2016    4/10/16      $ 150
    ------------------------------------------------------------------------

        Chairman Cruz. Thank you, Mr. Fogel. I now recognize Mr.
    Gentin.

      STATEMENT OF PIERRE GENTIN, NOMINEE TO BE GENERAL COUNSEL,
                         DEPARTMENT OF COMMERCE

        Mr. Gentin. Chairman Cruz, Senator Peters, and
    distinguished members of the Senate Commerce Committee, it is a
    great honor to testify before you this morning as nominee for
    General Counsel of the Commerce Department. I am deeply
    grateful to President Trump for nominating me, to Secretary
    Lutnick for his leadership of the Department, and to this
    Committee for considering my nomination.
        I am grateful to family and friends joining me today, my
    wonderful wife, Reyna, our son, Micah, and my siblings, Et and
    Danielle. My mother, Adele, and our daughter, Ariella, are
    watching on livestream.
        My father and teacher, Dr. Benjamin Gentin, passed away
    last year. He is with me today in spirit.
        The honor of appearing before you today belongs entirely to
    my parents who moved our family from South Africa to the United
    States nearly 50 years ago, so that my siblings and I could
    live as free, proud, and productive citizens. It was the
    American bicentennial; I was 9 years old. My parents lost no
    time taking us to Boston, Philadelphia, and Washington,
    fostering in us a deep love of American history and culture,
    and ensuring that we internalized the great American ideals of
    freedom, faith and responsibility.
        My parents worked hard and overcame many obstacles to
    become respected professionals in American medicine and law,
    and equally respected members of their community. I have tried
    to emulate my parents, personally and professionally, and as a
    lawyer myself, I have been fortunate to work in government, the
    private sector, and academia. My life is a testament to the
    transformative power of American opportunity.
        As a young lawyer, I served in the Department of Justice as
    an Assistant United States Attorney for the Southern District
    of New York. I came away from that experience with deep respect
    for the authority that government lawyers exercise and the
    responsibility that comes with that power.
        After government service, I spent nearly 20 years at one of
    the world's largest financial services companies, advising on
    significant legal and regulatory matters in the banking sector.
        As a business lawyer, I saw firsthand the importance of
    intelligent and effective governmental oversight of industry.
    But equally, I learned the importance of respecting and
    empowering innovation, hard work, and the spirit of
    entrepreneurship that have enabled our country to secure its
    leading position in global commerce. I drew the same
    conclusions during my years as a partner at a leading U.S. law
    firm.
        For the past 6 years, I served as Chief Legal Officer at
    McKinsey, an American company that pioneered the profession of
    management consulting nearly a century ago. As the first lawyer
    elected a senior partner at McKinsey and the first to serve on
    its management team, I counseled the firm's leadership on legal
    and risk, as well as business and cultural issues.
        Over the past three decades, I have also been active in the
    academic and non-profit arenas, serving multiple times as a
    visiting professor of law, a lecturer in ethics, and as editor
    of a book on negotiating the resolution of business disputes. I
    have been a trustee of many non-profit boards, including the
    Practicing Law Institute, a nearly century-old legal education
    organization, and the Touro Synagogue Foundation which
    preserves an 18th century synagogue in Rhode Island that
    symbolizes our Nation's commitment to religious freedom.
        I believe my public, private, and academic experience, my
    commitment to the rule of law, and my desire to help safeguard
    the well-being of our country, equip me well to proudly serve
    as General Counsel of the Department of Commerce.
        If I am honored to be confirmed, I look forward to working
    with this Committee and with stakeholders inside and outside
    government, to help augur an era of greatness for American
    commerce, and prosperity for our Nation.
        Thank you.
        [The prepared statement and biographical information of Mr.
    Gentin follow:]

       Prepared Statement of Pierre Gentin, Nominee for General Counsel,
                             Department of Commerce
        Chairman Cruz, Ranking Member Cantwell, and distinguished members
    of the Senate Commerce Committee:

        It's a great honor to testify before you today as nominee for
    General Counsel of the Commerce Department. I am deeply grateful to
    President Trump for nominating me, to Secretary Lutnick for his
    leadership of the Department, and to this Committee for considering my
    nomination.
        I'm grateful to family and friends joining me today, including my
    mother Adele, my siblings Et and Danielle, my wonderful wife Reyna, and
    our son Micah. Our daughter Ariella is watching online from Jerusalem.
    My father and teacher, Dr. Benjamin Gentin, passed away last year. He
    is with me today in spirit.
        The honor of appearing before you today belongs entirely to my
    parents who moved our family from South Africa to the United States
    nearly 50 years ago, so that my siblings and I could live as free,
    proud and productive citizens. It was the American bicentennial; I was
    nine years old. My parents lost no time taking us to Boston,
    Philadelphia and Washington, fostering in us a deep love of American
    history and culture, and ensuring that we internalized the great
    American ideals of freedom, faith and responsibility.
        My parents worked hard and overcame many obstacles to become
    respected professionals in American medicine and law, and equally
    respected members of their community. I have tried to emulate my
    parents personally and professionally, and as a lawyer myself, I've
    been fortunate to work in government, the private sector, and academia.
    My life is a testament to the transformative power of American
    opportunity.
        As a young lawyer, I served in the Department of Justice as an
    Assistant United States Attorney for the Southern District of New York.
    I came away from that experience with deep respect for the authority
    that government lawyers exercise and the responsibility that comes with
    that power.
        After government service, I spent nearly twenty years at one of the
    world's largest financial services companies, advising on significant
    legal and regulatory matters in the banking sector.
        As a business lawyer, I saw firsthand the importance of intelligent
    and effective governmental oversight of industry. Equally, I learned
    the importance of respecting and empowering innovation, hard work, and
    the spirit of entrepreneurship that have enabled our country to secure
    its leading position in global commerce. I drew the same conclusions
    during my years as a partner at a leading U.S. law firm.
        For the past six years, I served as chief legal officer at
    McKinsey, an American company that pioneered the profession of
    management consulting nearly a century ago. As the first lawyer elected
    a senior partner at McKinsey and the first to serve on its management
    team, I counseled the firm's leadership on legal and risk, as well as
    business and cultural issues.
        Over the past three decades, I've also been active in the academic
    and non-profit arenas, serving multiple times as a visiting professor
    of law, a lecturer in ethics, and as editor of a book on negotiating
    the resolution of business disputes. I've been a trustee of many non-
    profit boards, including the Practicing Law Institute, a nearly
    century-old legal education organization, and the Touro Synagogue
    Foundation which preserves an 18th century synagogue in Rhode Island
    that symbolizes our Nation's commitment to religious freedom.
        I believe my public, private and academic experience, my commitment
    to the rule of law, and my desire to help safeguard the well-being of
    our country--equip me well to proudly serve as General Counsel of the
    Department of Commerce.
        If I'm honored to be confirmed, I look forward to working with this
    Committee, and with stakeholders inside and outside government, to help
    augur an era of greatness for American commerce, and prosperity for our
    Nation.
        Thank you.
                                     ______

                          a. biographical information
        1. Name (Include any former names or nicknames used): Pierre Marc
    Gentin.
        2. Position to which nominated: General Counsel, Department of
    Commerce.
        3. Date of Nomination: February 3, 2025.
        4. Address (List current place of residence and office addresses):

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

        5. Date and Place of Birth: February 21, 1967; Durban, South
    Africa.
        6. Provide the name, position, and place of employment for your
    spouse (if married) or domestic partner, and the names and ages of your
    children (including stepchildren and children by a previous marriage).

            Spouse: Reyna Marder Gentin Self-employed (author).
            Children: Ariella R. Gentin (27), Micah R. Gentin (24).

        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.

            Columbia Law School, New York, N.Y.
            J.D. (1992)

            Yale Law School, New Haven CT
            September 1990-May 1991
            (I spent my second year of law school at Yale).

            Princeton University, Princeton NJ
            A.B., magna cum laude (1989)

        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.

            Department of Commerce, Washington, D.C. (2025 to present)
            Senior Advisor, Office of the Secretary

            McKinsey & Company, Inc., New York, N.Y. (2019-2025)
            Senior Partner and Chief Legal Officer

            Cahill Gordon & Reindel, LLP, New York, N.Y. (2015-2019)
            Partner

            Credit Suisse (USA), Inc., New York, N.Y. (1998-2015)
            I served in various legal and risk-related positions over
            nearly 20 years at Credit Suisse; my last position was Managing
            Director and Global Head of Litigation, Regulatory
            Investigations, and Employment Law

            Department of Justice, U.S. Attorney's Office, Southern
            District of New York, N.Y. (1995-1998)
            Assistant United States Attorney

            LeBoeuf Lamb Greene & MacRae, LLP, New York, N.Y. (1992-1995)
            Associate

            Lord Day and Lord, Barrett Smith, New York, N.Y. (Summer 1991)
            Summer Associate

            LeBoeuf Lamb Leiby & MacRae, LLP, New York, N.Y. (Summer 1990)
            Summer Associate

            New York University, Office of Salary Administration, New York,
            N.Y. (Summer 1989)
            Clerk

        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.
        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.
        In addition to those identified in response to item 8 above, I have
    previously held the following positions:

            University of Cambridge Judge Business School, United Kingdom,
            Board of Advisors (2024-2025). Member

            Practising Law Institute (PLI) (2009-2024). Trustee

            Conference Board, Chief Legal Officer (CLO) Council, ESG Center
            (2019-2023). Member

            Princeton University Julis-Rabinowitz Center for Finance and
            Public Policy, External Advisory Board. (2017-2024). Member

            Princeton University Center for Jewish Life (2005-2018).
            Trustee; Chair, Board of Trustees Touro Synagogue Foundation
            (2017-2024). Trustee

            Columbia Law School Center for Israeli Legal Studies, Board of
            Advisors. (2005-2012). Member

            Fordham Law School Corporate Legal Center (approx. 2005).
            Member American Bar Association, International Law Section
            (approx. 2010). Member

        12. List all memberships 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
    (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.

            New York State Bar Association (1993 to present)

            Connecticut State Bar Association (1992-2024)

            World Economic Forum: Chief Legal Officer community, Global
            Agenda Councils (2009-2025)

            The Brook Club (2016-2022) (social club)

            Anti-Defamation League, Lawyers' Division (approx. 2001)

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

            Credit Suisse Securities PAC 2013: $250

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

            Phi Beta Kappa (1989)

        17. List all books, articles, columns, letters to the editor,
    Internet blog postings, or other publications 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.

            Book: Co-Editor, Financial Services Mediation Answer Book
            (2017)

            Book Chapter: Co-Author, Federal Pretrial Practice: Basic
            Procedure and Strategy, Chapter 9: Legal and Ethical Issues
            Arising in Discovery (2001)

            Letter to the Editor: Princeton Alumni Weekly, December 27,
            2001 (available
            at https://www.princeton.edu/paw/web_exclusives/more/
            more_letters/letters
            _Prickettlet.html)

            Columns in Los Angeles Jewish Journal from 2021-2024 (available
            at https://jewishjournal.com/author/pierregentin/)

        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.
        Although not directly relevant to the legal issues I expect to
    address if confirmed to my position as General Counsel of the
    Department of Commerce, below are discussions relating to the role and
    responsibilities of the general counsel of an organization.

            Panel: Being Human, Financial Times Innovative Lawyers Summit
            (2024).

            Panel: Law of Corporate Governance, UCLA Law: Conference on the
            American Law Institute's Restatement on Corporate Governance
            (2024)

            Panel: Fireside Chat with Pierre Gentin, McKinsey's Chief Legal
            Officer, Silfen Leadership Series, Columbia Business School
            (June 1, 2023).

            Panel: Avoiding a Splinter in the Eye, Cambridge Judge Business
            School (2023).

            Panel: Law, Leadership, and Public Policy, Princeton School of
            Public and International Affairs (2023).

            Panel: Good Judgment in Business, Wharton School Workshop
            (2023).

            Panel: The Balancing Act of Leading Through a Crisis, The
            Bernstein Center for Leadership and Ethics (2021).

            Keynote Speaker: Jonah the Prophet in the Boardroom: What a
            Reluctant Leader Can Teach Us About Ambition, Values and
            Success, Enterprise GC Conference (2018).

            Panel: Second Annual Seminar: Attorney-Client Relationships,
            Practising Law Institute (2018).

        19. List all public statements you have made during the past ten
    years, including statements in news articles and radio and podcasts 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.
        Although not directly relevant to the legal issues I expect to
    address if confirmed to my position as General Counsel of the
    Department of Commerce, below are statements discussing the role and
    responsibilities of the general counsel of an organization.

            Podcast: The Humanities & Business Education In an Economic
            Crisis, Aspen Institute (July 31, 2020).

            Podcast: Pierre Gentin, Chief Legal Officer at McKinsey & Co,
            on Passion and Professionalism, Movers, Shakers, and Rainmakers
            (Mar. 14, 2024).

            Interview: Strategy, Professionalism, and Passion, A
            conversation with Pierre Gentin, chief legal officer of
            McKinsey, Center on the Legal Profession (2023).

            Podcast: Drinks With the Deal: McKinsey's Gentin on
            Professional, Personal Fulfillment, The Deal (July 18, 2023).

            Interview: Passion Play: How a Global GC is Helping Staffers
            Unlock Their Inner Charisma, Law.com (Sept. 19, 2022).

            Interview: McKinsey's Unorthodox GC, Brunswick Review (Sept. 7,
            2022).

            Interview: When McKinsey's Top Lawyer Comes to Town--Watch Out,
            by Vivia Chen from Bloomberg Law (Dec. 16, 2022).

            Interview: Mediation Can Be a Power Tool for In-House Counsel,
            by Sue Reisinger (Aug. 11, 2017).

        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.

            https://www.linkedin.com/in/pierre-gentin-73439059

        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, committee, and subject
    matter of each testimony. None.
        22. Given the current mission, major programs, and major
    operational objectives of the department/agency/commission/corporation
    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?
        Next year, it will be 50 years since I came to the United States as
    an immigrant at the age of 9 years old. My life and career are a
    testament to the incredible blessing that it is to be an American. I
    benefited educationally from a strong public school, university and law
    school foundation. I am deeply grateful to the President and to the
    Secretary of Commerce for this nomination at this stage of my life and
    career, and if I am honored to be confirmed by the Senate, I intend to
    bring my 33 years of experience in law, business, and academia to my
    service in the General Counsel role. My motivation is to serve our
    country and to help American commerce thrive, and I hope to leverage my
    background to perform, effectively and responsibly, the role for which
    I've been nominated.
        As a young lawyer, I served in the Department of Justice as an
    Assistant United States Attorney in the Civil Division of the U.S.
    Attorney's Office, Southern District of New York. I then joined Credit
    Suisse First Boston (later Credit Suisse), where I worked in various
    senior legal and risk roles for nearly twenty years in a public,
    regulated, global financial services company. I was then an equity
    partner in an established New York law firm, Cahill Gordon, for more
    than three years before joining McKinsey and Company, one of the
    world's major consulting firms, as Chief Legal Officer, where I worked
    for six years, before joining the Department of Commerce as a Senior
    Advisor.
        Alongside my roles in government, and in public and private
    companies, I have taught for many years at leading U.S. universities,
    including teaching ethics at the Wharton School of Business, and
    teaching courses on the role of in-house counsel at Fordham, Columbia
    and Yale law schools. I have lectured on legal, humanities and business
    topics at numerous universities and industry conferences in the United
    States and abroad, and I co-edited a book on the use of alternative
    dispute resolution to solve business problems on Wall Street. I have
    also served on various non-profit boards over the past several decades,
    including the Practicing Law Institute, Princeton University's Center
    on Public Policy and Finance, and the Touro Synagogue Foundation (which
    preserves the oldest Jewish house of worship in the United States).
        23. What do you believe are your responsibilities, if confirmed, to
    ensure that the department/agency/commission/corporation has proper
    management and accounting controls, and what experience do you have in
    managing a large organization?
        The General Counsel of the Department of Commerce plays a key role,
    as a senior member of the Department's leadership team, in helping to
    ensure that Commerce is managed in a lawful, effective and responsible
    manner. If confirmed, I will engage with the Secretary, Deputy
    Secretary, Chief of Staff, and the leadership of Commerce's various
    bureaus, to help ensure that our management and controls are working
    well.
        I have developed extensive experience in managing large
    organizations over the past three decades. As Chief Legal Officer at
    McKinsey and Company, I built and managed a global legal organization
    of nearly 300 legal professionals working in more than 50 countries. At
    McKinsey, I served on the firm's management team which oversaw the
    global professional services activities of 45,000 colleagues working in
    70 countries, and I also served as counsel to the firm's global board
    of directors. As a Managing Director and the senior-most litigation and
    enforcement lawyer at Credit Suisse, I served for many years on the
    General Counsel Management Committee, a global team that managed the
    bank's 2,000-person Legal and Compliance organization.
        24. What do you believe to be the top three challenges facing the
    department/agency/commission/corporation, and why?
        In my view, the top three challenges--and opportunities--for the
    Department of Commerce are the following:

      1.  Greater cohesion across Commerce's bureaus. The Department of
            Commerce contains a large group of different bureaus with very
            important but quite distinct missions. Given that
            organizational model, those internal roles and professional
            capabilities that cut across all of the Department's bureaus--
            like the General Counsel and the Office of the General
            Counsel--play a very important organizational function. The
            Department's legal team must help ensure that the Department's
            overall goals are understood and implemented across all our
            different bureaus. The fact that our lawyers have line of sight
            across the Department's range of activities means we can help
            bring greater cohesion and alignment to our Department.

      2.  Modernization of Commerce's practices. I have spent the bulk of
            my career in the private sector and I hope to explore ways in
            which some of the innovation in operational practices that has
            developed in American industry in recent years may benefit the
            Department of Commerce. As the Secretary has himself noted,
            Commerce should improve its approach to data capture, database
            management, and data analytics, in order to be able to drive
            outcomes more quickly and effectively.

      3.  Inter-agency collaboration. Commerce's internal bureaus work
            closely and continuously with our peer agencies across the
            government. Maintaining and deepening the professional trust
            and collaboration between and among Commerce and the other
            agencies is a priority for me.
                       b. potential conflicts of interest
        1. Describe all financial arrangements, deferred compensation
    agreements, and other continuing dealings with business associates,
    clients, or customers. Please include information related to retirement
    accounts, such as a 401(k) or pension plan.
        I have disclosed my financial arrangements (including as to
    retirement accounts) to the Department of Commerce and I will disclose
    my financial arrangements, and enter into an agreement with, the Office
    of Government Ethics, to ensure I have no ongoing conflicts of
    interest, if I am confirmed.
        2. Do you have any commitments or agreements, formal or informal,
    to maintain employment, affiliation, or practice with any business,
    association, or other organization during your appointment? If so,
    please explain. No.
        3. Indicate any investments, obligations, liabilities, or other
    relationships which could involve potential conflicts of interest in
    the position to which you have been nominated. Explain how you will
    resolve each potential conflict of interest.
        None, as far as I am aware. As noted, I have disclosed my financial
    arrangements (including as to retirement accounts) to the Department of
    Commerce and I will disclose my financial arrangements, and enter into
    an agreement with, the Office of Government Ethics, to ensure I have no
    ongoing conflicts of interest, if I am confirmed.
        4. Describe any business relationship, dealing, or financial
    transaction which you have had during the last ten years, whether for
    yourself, on behalf of a client, or acting as an agent, that could in
    any way constitute or result in a possible conflict of interest in the
    position to which you have been nominated. Explain how you will resolve
    each potential conflict of interest.
        None, as far as I am aware. As noted, I have disclosed my financial
    arrangements (including as to retirement accounts) to the Department of
    Commerce and I will disclose my financial arrangements, and enter into
    an agreement with, the Office of Government Ethics, to ensure I have no
    ongoing conflicts of interest, if I am confirmed.
        5. Identify any other potential conflicts of interest and explain
    how you will resolve each potential conflict of interest.
        I have disclosed my financial arrangements (including as to
    retirement accounts) to the Department of Commerce and I will disclose
    my financial arrangements. I will consult with the U.S. Office of
    Government Ethics in addition to the Department of Commerce's
    Designated Agency Ethics Official to identify potential conflicts of
    interest. If confirmed, any potential conflicts of interest will be
    resolved in accordance with the terms of the ethics agreement I will
    enter into with the Department's Designated Agency Ethics Official.
        6. Describe any activity during the past ten years, including the
    names of clients represented, in which you have been engaged for the
    purpose of directly or indirectly influencing the passage, defeat, or
    modification of any legislation or affecting the administration and
    execution of law or public policy. None.
                                c. legal matters
        1. Have you ever been disciplined or cited for a breach of ethics,
    professional misconduct, or retaliation by, or been the subject of a
    complaint to, any court, administrative agency, the Office of Special
    Counsel, an Inspector General, professional association, disciplinary
    committee, or other professional group? If yes:
        No.

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

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

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

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

        2. Have you ever been investigated, arrested, charged, or held by
    any Federal, State, or other law enforcement authority of any Federal,
    State, county, municipal, or foreign government 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
    assault, sexual harassment, or discrimination on the basis of sex,
    race, religion, or any other basis? If so, please explain.
        In 2020, a Legal Department employee in McKinsey's London office
    filed a claim with the U.K. Ministry of Labor accusing various McKinsey
    employees, including myself, of discrimination on the basis of race and
    nationality. In 2021, she voluntarily withdrew the claim which was
    dismissed with prejudice. There was no settlement of any kind nor any
    finding of wrongdoing.
        6. Please advise the Committee of any additional information,
    favorable or unfavorable, which you feel should be disclosed in
    connection with your nomination. None.
                         d. relationship with committee
        1. Will you ensure that your department/agency/commission/
    corporation complies with deadlines for information set by
    congressional committees, and that your department/agency/commission/
    corporation 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/commission/
    corporation does whatever it can to protect congressional witnesses and
    whistleblowers from reprisal for their testimony and disclosures? Yes.
        3. Will you cooperate in providing the Committee with requested
    witnesses, including technical experts and career employees, with
    firsthand knowledge of matters of interest to the Committee? Yes.
        4. Are you willing to appear and testify before any duly
    constituted committee of the Congress on such occasions as you may be
    reasonably requested to do so? Yes.
                                     ______

                           Resume of Pierre M. Gentin

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Chairman Cruz. Thank you, Mr. Gentin. I now recognize Mr.
    Gleason. Welcome.

      STATEMENT OF ROBERT GLEASON, NOMINEE TO BE DIRECTOR, AMTRAK
                           BOARD OF DIRECTORS

        Mr. Gleason. Thank you, Chairman Cruz and Senator Peters,
    and the rest of the Committee for allowing me to come before
    you today. And I want to thank Senator David McCormick for
    introducing me today.
        I am pleased to have my wife, Jeanne, my grandson,
    Jonathan, and my sister, Pam, here supporting me today.
        My passion for transportation and community development has
    been a lifelong journey, one deeply rooted in my experiences
    serving in government at the county, city, state, and national
    levels. Growing up in Johnstown, Pennsylvania, I saw firsthand
    how transportation systems can either connect or isolate
    communities. It is this personal understanding that drives my
    commitment to bringing better passenger rail service to small
    towns across America.
        In the first half of the 20th century, my hometown of
    Johnstown was connected to the rest of the world by the
    Pennsylvania Railroad. Trains with iconic names like the Red
    Arrow, Broadway Limited, the Fort Pitt, and the Clevelander, 25
    daily passenger trains, all stopped in Johnstown. I was a
    regular rail passenger, traveling back and forth to
    Philadelphia to attend the University of Pennsylvania's Wharton
    School. There you are, Mr. Cruz. Another Wharton School guy.
        Our town was bypassed by the interstate highway system, one
    of only seven cities in the United States of over 100,000
    population to miss the interstate, and most airlines overflew
    us. The region began a downhill slide as passenger train
    service dwindled, and today we are only served by two passenger
    trains.
        In addition to my personal experiences with the benefits of
    rail connections and the potentially devastating effects of a
    community not being on the main transportation grid, I am
    honored to be nominated to join the Amtrak Board to continue in
    public service. My civilian government experience makes me well
    qualified for the role of Amtrak director. I also proudly
    served our country as a captain in the United States Air Force,
    with 4 years active duty and 6 years in the Reserves.
        I currently serve my community as President of the local
    Board of Education, and I have served 10 years as a Borough
    Councilman.
        I have served as Secretary of the Commonwealth of
    Pennsylvania, a member of the Pennsylvania State Transportation
    Advisory Committee, the Pennsylvania State Transportation
    Committee, and 4 years as a member of the Pennsylvania Turnpike
    Commission. And Secretary Sam Skinner appointed me to the
    National Motor Carrier Advisory Committee.
        In 1982, I was appointed to one of the first state
    government committees in the Nation to study high-speed rail.
    The nine-member committee was appointed by Governor Dick
    Thornburgh with a charge to study the feasibility of
    constructing a high-speed passenger rail line from Philadelphia
    to Pittsburgh. This wonderful experience will certainly help me
    as a member of the Amtrak Board.
        Economically, passenger rail can be a powerful engine for
    growth. Delivering a rail project generates thousands of
    construction, engineering, and operational jobs. Once
    operational, trains attract riders who spend money in local
    economies, especially near stations. Entire communities can be
    revitalized by the presence of a reliable train service.
        In short, when done right, passenger rail does not just
    move people. It drives prosperity.
        If confirmed as a Director of Amtrak, I will work
    diligently to improve and expand passenger rail service across
    America in a fiscally responsible manner. Amtrak benefits
    greatly from taxpayer dollars, and I will make sure that money
    is spent in an efficient and productive manner. I have spent a
    lifetime in public service living with Pennsylvania's sunshine
    laws, so I am very proud to support more board transparency.
        In conclusion, I hope to gain this Committee's approval to
    join the Amtrak Board because I firmly believe the United
    States needs passenger rail service, and that it can be
    delivered in an efficient and responsible way.
        Thank you.
        [The prepared statement and biographical information of Mr.
    Gleason follow:]

     Prepared Statement of Robert A. Gleason, Jr., Nominee for Appointment
                        to the Amtrak Board of Directors
        Thank you Chairman Cruz, Ranking Member Cantwell, and the rest of
    the Committee for allowing me to come before you today.
        I want to thank Senator David McCormick for introducing me today.
        I am pleased to have my wife Jeanne and other members of my family
    here supporting me today, as well as Representative John Joyce.
        My passion for transportation and community development has been a
    lifelong journey--one deeply rooted in my experiences serving in
    government at the county, city, state, and national levels . Growing up
    in Johnstown, Pennsylvania, I saw first hand how transportation systems
    can either connect or isolate communities. It is this personal
    understanding that drives my commitment to bringing better passenger
    rail service to small towns across America.
        In the first half of the twentieth century, my home town of
    Johnstown was connected to the rest of the world by the Pennsylvania
    Railroad. Trains with iconic names like the Red Arrow, Broadway
    Limited, the Fort Pitt, and the Clevelander, 25 daily passenger trains
    all stopped in Johnstown. I was a regular rail passenger traveling back
    and forth to Philadelphia to attend the University of Pennsylvania's
    Wharton School of Finance and Commerce.
        Our town was bypassed by the interstate highway system and most
    airlines overflew us. The region began a downhill slide. As passenger
    train service dwindles, we are only served by 2 trains a day.
        In addition to my personal experiences with the benefits of rail
    connections and the potentially devastating effects of a community not
    being on the main transportation grid, I am honored to be nominated to
    join the Amtrak Board to continue in public service. My civilian
    government experience, makes me well qualified for the role of Amtrak
    Director. I also proudly served our country as a Captain in the United
    States Air Force, for 4 years active duty and 6 years in the Reserves.
        I currently serve my community as President of the Board of
    Education and I served 10 years as a Borough Councilman.
        I have served as Secretary of the Commonwealth of Pennsylvania, a
    Member of the Pennsylvania State Transportation Advisory Committee, a
    Member of the Pennsylvania State Transportation Committee and four
    years as a Member of the 5 person Pennsylvania Turnpike Commission. I
    also served as a Member of the National Motor Carrier Advisory
    Committee.
        In 1982, I was appointed to one of the first state government
    committees in the Nation to study high speed rail. The 9 member
    committee was appointed by Governor Thornburgh with a charge to study
    the feasibility of constructing a high speed passenger rail line from
    Philadelphia to Pittsburgh. This wonderful experience will certainly
    help me as a Member of the Amtrak Board.
        Economically, passenger rail can be a powerful engine for growth.
    Delivering a rail project generates thousands of construction,
    engineering, and operational jobs. Once operational, trains attract
    riders who spend money in local economies, especially near stations.
    Entire communities can be revitalized by the presence of reliable train
    service.
        In short, when done right, passenger rail doesn't just move
    people--it drives prosperity.
        If confirmed as a Director of Amtrak, I will work diligently to
    improve and expand passenger rail service across America in a fiscally
    responsible manner. Amtrak benefits greatly from taxpayer dollars, and
    I will make sure that money is spent in an efficient and productive
    manner. I have spent a lifetime in public service living with
    Pennsylvania's Sunshine Laws, so I am proud to support more board
    transparency.
        In conclusion, I hope to gain this Committee's approval to join the
    Amtrak Board because I firmly believe the United States needs passenger
    rail service, and that it can be delivered in an efficient and
    responsible way. Thank you.
                                     ______

                          a. biographical information
        1. Name (Include any former names or nicknames used):

            Robert Amos Gleason, Jr.

        2. Position to which nominated: Amtrak Board of Directors.
        3. Date of Nomination: March 11, 2025.
        4. Address (List current place of residence and office addresses):

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

        5. Date and Place of Birth: August 10, 1938; Johnstown, PA.
        6. Provide the name, position, and place of employment for your
    spouse (if married) or domestic partner, and the names and ages of your
    children (including stepchildren and children by a previous marriage).

            Spouse: Elizabeth Jeanne Gleason, not employed
            Children: Jane Elizabeth Gleason--63; Michael Patrick Gleason--
            61; Robert Amos Gleason, III--59; Jonathan Charles Gleason--56

        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.

            University of Pennsylvania: 1957-1961; graduated, Bachelor of
            Science in Economics; June 1961

        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.

            June 1961 to December 1961, Management Trainee, Bell Telephone
            Company, McKeesport, PA; January 2, 1962-September 1965,
            Captain, United States Air Force; September 1965-November 1985,
            Insurance Agent--The Gleason Agency, Johnstown, PA; November,
            1985-January, 1987 Secretary of the Commonwealth of
            Pennsylvania, Harrisburg, PA; January 1987-January 2011,
            President, The Gleason Agency, Johnstown, PA; January 2011-
            January 2016, President and Chairman of Arthur J. Gallagher and
            Company Pennsylvania, Johnstown, PA; January 2016-March 2025,
            Waterford Solutions, LLC, President, Johnstown, PA (self-
            employed); January 2018-March 2025, Cassidy and Associates,
            Washington, DC Consultant, independent contractor

        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.

            Councilman, Borough of Westmont, Johnstown, PA; 1970-1980
            School Director, Westmont Hilltop School District, August 2022
            to present; Pennsylvania Lawyers Fund for Client Security,
            2013-2019; Cambria County Industrial Development Authority,
            2012-2017; Cambria County Economic Development Authority, 2012-
            2017; Pennsylvania Turnpike Commission, 1993-1997; Pennsylvania
            State Transportation Commission, 1997-1981; National Motor
            Truck Carrier Advisory Committee, 1990-1992; Pennsylvania State
            Transportation Advisory Committee, 1985-1989; Pennsylvania Toll
            Roads Task Force, 1982-1986; Pennsylvania High Speed Intercity
            Rail Passenger Commission, 1982-1985
        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.

            Pennsylvania School Board Association, Fellow, 2023 to present;
            Trustee, Kiskiminetas Springs School, Saltsburg, PA 2010-2014;
            Independent Catholic Foundation, Altoona, PA 1990-2000;
            Trustee, University of Pennsylvania, 1998-2013; Trustee, St.
            Francis University, 1978-1988; Trustee, Conemaugh Memorial
            Medical Center, 1975-2007; Trustee, Conemaugh Health System,
            2002-2013; Director, U S Route 219 Association, 1981-1991;
            Greater Johnstown Committee, Director 1981-1999; Johnstown Area
            Regional Industries, Director 1977-2000; The Council of
            Insurance Agents and Brokers, Director, 1990-2002

        12. List all memberships 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
    (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.

            Sunnehanna Country Club, Johnstown, PA. 1975--present; The
            Union League, Philadelphia, PA. 2010 to present; The Duquesne
            Club, Pittsburgh, PA, 1980 to present; Rolling Rock Club,
            Ligonier, PA 1989 to present; All social with no membership
            restrictions.

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

            The Republican Party of Pennsylvania, Chairman, 2006-2017, not
            paid The Republican Party of Pennsylvania, State Committeeman,
            2023 to present

        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.

            2/18/2025--$500, Rob Bresnahan for Congress

            10/15/2024--$100, Trump for President

            9/19/2024--$100, Rob Bresnahan for Congress

            9/17/2024--$100, Rob Mercuri for Congress

            8/31/2024--$100, Mike Lawler for Congress

            8/8/2024--$500, Mercuri for Congress

            5/8/2024--$100, Trump for President

            5/17/2025--$1000, Greg for Judge

            5/17/2025--$2000, Cambria County Republican Committee

            5/11/2024--$5000, Republican Party of Pennsylvania

            5/22/2024--$250, Gill for PA

            7/2/2024--$250, Citizens for Greg

            8/1/2024--$1000, Friends of Glenn Thompson

            8/9/2024--$500, Committee to Elect Jim Rigby

            9/18/2024--$1000, Cambria County Republican Committee

            10/10/2024--$500, Friends of Jesse Topper

            11/10/2024--$1000, Friends of Kim Ward

            12/4/2024--$2500, Hunt/Rager for Commissioner

            12/11/2024--$500, Citizens for Greg

            2/15/2025--$500, Committee to Elect Don Robertson

            10/16/2023--$5000, Cambria County Republican Committee

            10/26/2023--$500. Friends of Dave McCormick

            10/25/2023--$500, Mercuri for Congress

            10/23/2023--$500, Republican Party of Philadelphia

            11/20/2023--$1000, Friends of Scott Hunt

            12/1/2023--$1000, Citizens for Keith Rager

            11/29/2023--$1000, Cambria County Republican Committee

            12/20/2023--$500, Gill for PA

            2/2/2024--$1500, Republican Party of Pennsylvania

            2/20/2024--$1000, Republican Party of Pennsylvania

            11/2/2022--$1000, Citizens for Greg

            1/16/2023--$1000, Cambria County Republican Committee

            1/20/2023--$1000, Pennsylvania Opportunities PAC

            3/15/2022--$1000, Friends of GT Thompson

            4/18/2022--$1000, Bill McSwain for Governor

            4/23/2022--$1000, Friends of GT Thompson

            12/12/2021--$1500, Citizens for Gregg

            12/16/2021--$5000, Bill McSwain for Governor

            12/16/2021--$1000, Garrity for Pa

            1/12/2022--$1000, Cambria County Republican Committee

            4/14/2023--$100, Brian Subich for District Judge

            5/4/2023--$2000, Cambria County Republican Committee

            5/8/2023--$1000, Commonwealth Leaders Fund

            5/17/2023--$1000, Freedom Pa Pac

            6/20/2023--$1000, Friends of Joe Rocky

            6/20/2023--$3000, Great American PA Fund

            6/11/2022--$1000, Take Back the House

            8/25/2023--$1000, Friends of Jeremy Shaffer

            10/18/2022--$526, Oz Victory Fund

            8/18/2021--$1500, Cambria County Republican Committee

            8/18/2021--$500, Friends of Stacey Wallace

            10/07/2021--$500, Sean Parnell for Senate

            10/12/2021--$3000, Citizens for David Oh

            8/23/2021--$2500, Friends of Glenn Thompson

            9/16/2021--$1000, Great American Pennsylvania Fund

            12/13/2020--$100, Friends of Scott Hunt

            8/22/2021--$500, Committee to Elect Don Robertson

            9/2/2021--$1000, Committee to Elect Frank Burns

            10/18/2021--$2500, Friends of Martina White

            2/22/2022--$5000, Republican River Wards PAC

            3/22/2022--$1500, Committee to elect Jim Rigby

            3/22/2022--$100, Pa Ag Republicans

            4/12/2022--$1000, Friends of Stephen Schlauc

            4/16/2022--$500, Citizens for Greg

            4/23/2022--$500, Friends of Sam Orpeza

            5/9/2020--$10,000, Republican River Wards PAC

            5/6/2021--$5000, Republican Party of Pennsylvania

            6/14/2021--$1000, Guy For PA

            6/14/2021--$1000, Don Bacon for Congress

            7/13/2021--$250, Friends of Scott Hunt

            12/18/2020--$1000, Garrity for Pa

            4/28/2021--$500. Friends of Laura Hugel

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

            Distinguished Alumnus, Kiskiminetas Springs School, Sigma Chi
            Fraternity, Significant Sig, Cambria County Business Hall of
            Fame

        17. List all books, articles, columns, letters to the editor,
    Internet blog postings, or other publications 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.
        Attached.
        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.
        Attached.
        19. List all public statements you have made during the past ten
    years, including statements in news articles and radio and podcasts 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.
        Attached.
        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.

            Facebook: https://facebook.com/robert.gleason.543

            X: Rob Gleason @raindance16

            Instagram: @Robert.Gleason

            LinkedIn: https://linkedin.com/in/rob-gleason-77184433

        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, committee, and subject
    matter of each testimony. I testified in 2000 as President of The
    Council of Insurance Agents and Brokers.
        I do not have details.
        22. Given the current mission, major programs, and major
    operational objectives of the department/agency/commission/corporation
    to which you have been nominated, what in your background or employment
    experience do you believe affirmatively qualifies you for appointment
    to the position for which you have been nominated, and why do you wish
    to serve in that position?
        The main line of the Pennsylvania Railroad, now Norfolk and
    Southern, passes through my hometown of Johnstown, PA. In the 1950s,
    Johnstown was served by 25 passenger trains connecting the region to
    the entire United States of America. As a young man I rode the train to
    Philadelphia while attending the University of Pennsylvania. Today
    Johnstown and all of Pennsylvania West of Harrisburg is served by only
    two AMTRAK trains. This is true of most of the United States outside
    the Northeast corridor. Our nation needs more passenger train service.
        On February 22, 2025, my wife and I rode the AUTO TRAIN from
    Virginia to Florida as we have many times. We have ridden the Pacific
    Coast Starlight, the cross-country California Zephyr, the
    Pennsylvanian, Northeast Corridor trains and others.
        I was a member of the first government committee to study high
    speed trains in 1982. Governor Dick Thornburgh appointed me to the
    HIGH-SPEED INTERCITY RAIL PASSENGER COMMISSION which studied the
    feasibility of high speed rail from Philadelphia to Pittsburgh.
        I have had long experience in transportation. I served as a member
    of the Pennsylvania Turnpike Commission, Pennsylvania State
    Transportation Commission, Pennsylvania State Transportation Advisory
    Committee, Pennsylvania Toll Roads Task Force, National Motor Carrier
    Advisory Committee, and as Pennsylvania Secretary of the Commonwealth.
        Most nations of the world have effective, comprehensive passenger
    train service. It is time for the United States to become a leader in
    passenger transportation.
        23. What do you believe are your responsibilities, if confirmed, to
    ensure that the department/agency/commission/corporation has proper
    management and accounting controls, and what experience do you have in
    managing a large organization?
        I am a graduate of the Wharton School of Finance and Commerce of
    the University of Pennsylvania. I have operated my own insurance agency
    for many years. I served as Chairman of the Council of Insurance Agents
    and Brokers, an organization of all the major national insurance
    brokers. I served as Chairman and CEO of the Conemaugh Health System in
    Johnstown, PA. I served as Chairman of the Republican Party of
    Pennsylvania, elected by and represented 3.3 million Republicans. I
    served as a Trustee of the University of Pennsylvania, who employs
    18,000 people. I currently am President of the Westmont Hilltop School
    District Board of Education. We service a community of 15,000 with a
    budget of $28M.
        24. What do you believe to be the top three challenges facing the
    department/agency/commission/corporation, and why? Funding; convincing
    the public to ride passenger trains; keeping up with new technologies.
                       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. None.
        2. Do you have any commitments or agreements, formal or informal,
    to maintain employment, affiliation, or practice with any business,
    association, or other organization during your appointment? If so,
    please explain.
        Consultant with Cassidy and Associates, Washington, DC. I am an
    independent contractor.
        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. None.
        4. Describe any business relationship, dealing, or financial
    transaction which you have had during the last ten years, whether for
    yourself, on behalf of a client, or acting as an agent, that could in
    any way constitute or result in a possible conflict of interest in the
    position to which you have been nominated. Explain how you will resolve
    each potential conflict of interest. None.
        5. Identify any other potential conflicts of interest and explain
    how you will resolve each potential conflict of interest. None.
    6.  Describe any activity during the past ten years, including the
            names of clients represented, in which you have been engaged
            for the purpose of directly or indirectly influencing the
            passage, defeat, or modification of any legislation or
            affecting the administration and execution of law or public
            policy. None.
                                c. legal matters
        1. Have you ever been disciplined or cited for a breach of ethics,
    professional misconduct, or retaliation by, or been the subject of a
    complaint to, any court, administrative agency, the Office of Special
    Counsel, an Inspector General, professional association, disciplinary
    committee, or other professional group? If yes:

      a.  Provide the name of the 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, municipal, or foreign government 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
    assault, sexual harassment, or discrimination on the basis of sex,
    race, religion, or any other basis? If so, please explain. No.
        6. Please advise the Committee of any additional information,
    favorable or unfavorable, which you feel should be disclosed in
    connection with your nomination. None.
                         d. relationship with committee
        1. Will you ensure that your department/agency/commission/
    corporation complies with deadlines for information set by
    congressional committees, and that your department/agency/commission/
    corporation 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/commission/
    corporation 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.

                                  Attachments

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Chairman Cruz. Thank you, Mr. Gleason.
        All right. Mr. Fink, we will start with you. You served as
    the head of the largest Class II railroad in the United States.
    Like all rail executives, you faced safety challenges, and I
    imagine you learned a great deal.
        In your opening statement you made a point of describing
    the Federal Railroad Administration's primary mission as
    ``safety first.'' How does your professional experience shape
    your perspective on rail safety, and what should the FRA be
    doing to improve the safety of the rail system?
        Mr. Fink. Thank you for the question, Senator. In my career
    I really wanted to work toward zero injuries and zero
    accidents, and that was a push when I was at Pan Am. Another
    thing I really wanted to work on was a cooperative and
    collaborative relationship. In that area, I worked very closely
    with all of our operating labor unions, and would have 16
    meetings per year in the field with my staff, meeting with the
    general chairman and local chairman and any people that had
    safety issues.
        When we first started doing that, about 10 years ago, there
    was a lot of, I will say, friction, between the parties. We
    fixed a lot of the issues that were safety related, and as we
    came toward the merger with CSX we were down to just a handful
    of issues. So working cooperatively and collaboratively was
    important.
        I also think it is important that as railroad management we
    used tools that are available to us. Our railroad volunteered
    two times to do a safety culture assessment with the Short Line
    Safety Institute. We were one of the original pilot project
    people, where the Safety Institute came in and looked to see if
    we had a safety culture, which, when they came in in 2015, they
    said we had a safety culture; it was a work in progress. We had
    another one in 2018. We still had work to do, but things that
    needed to be discussed and things that needed to be worked on,
    as senior management engaged in safety and wants to see a safe
    workplace, and they found that we did. Are we giving people the
    tools they need to do their work, and then we found that we
    did.
        We were one of the only railroads, I think, that has done
    two of these assessments, while some of the larger railroads
    have not done any.
        So our business is very unforgiving. If something goes
    wrong it can lead to a catastrophic injury or fatality. So
    every day we need to be out there, stretching for zero injuries
    and zero accidents.
        Chairman Cruz. Thank you. Mr. Fogel, you have extensive
    experience in international business and trade. What are some
    of the non-tariff barriers to trade that limit our exports, and
    how do you plan to address them?
        Mr. Fogel. Sure. Thank you, Senator. This is something that
    is very eye-opening to me. I have been learning quite a bit
    about it. I think it would surprise some people to know that we
    are importing $3 billion of beef from Australia, at least last
    year, and we are exporting zero dollars of American beef to
    Australia.
        Chairman Cruz. As a Texan, that pisses me off.
        Mr. Fogel. Of course. That is why I mentioned it. I started
    with beef. But Argentina, same problem. Because of a regulation
    that is in place in Argentina regarding mad cow disease from
    2002, we still can't export beef to Argentina. Cars to Japan,
    South Korea, Germany. We are not selling American cars there
    due to various import requirements.
        So these are more insidious. The non-tariff barriers are
    more insidious than tariffs. Tariffs are simple to understand,
    difficult to deal with. But I think non-tariff barriers are
    even more challenging.
        The professional team at Global Markets have years of
    experience dealing with this. I look forward to working with
    them to bring these barriers down under President Trump's
    leadership.
        Chairman Cruz. Thank you. Mr. Gentin, the Department of
    Commerce manages Federal spectrum allocation through the
    National Telecommunications and Information Administration,
    NTIA. As General Counsel, you may be asked to advise on NTIA's
    legal authority to reallocate spectrum for commercial use. I am
    hoping you can address the legal safeguards that are in place
    now to mitigate supposed national security risks due to
    reallocation.
        One key authority is the Commercial Spectrum Enhancement
    Act, which is 47 USC Section 928, which established a Spectrum
    Relocation Fund, to compensate agencies for relocating or
    upgrading systems for spectrum sharing. No Federal user,
    including the Department of Defense, can be displaced without a
    fully funded, OMB-approved transition plan.
        Similarly, according to statute, DoD shall not surrender
    its frequencies unless and until NTIA identifies alternative
    bands with comparable technical characteristics. These
    alternative bands must be jointly certified by the Secretary of
    Defense and the Chairman of the Joint Chiefs.
        Mr. Gentin, do you agree that these legal requirements
    mitigate national security risks due to the reallocation of
    spectrum?
        Mr. Gentin. Thank you, Senator. Yes, I very much do agree.
    I think there is no question that the statutory protections for
    spectrum that is associated with national security are very
    robust and strong, and if I am honored to be confirmed, I will
    certainly focus on ensuring that those strictures are observed.
        Chairman Cruz. Great. OK. Final question, Mr. Gleason, for
    you. Amtrak has typically received between $1 billion and $3
    billion annually in government subsidies, but the
    Infrastructure, Investment, and Jobs Act of 2021 provided up to
    $66 billion in additional funding. Needless to say, Congress
    wants to ensure that money is being well spent, especially now
    that certain projects like the Gateway Program and the
    Baltimore Tunnel have ballooned in costs.
        But just last week, an internal investigation by Amtrak's
    Officer of the Inspector General uncovered a $12 million health
    care fraud scheme involving 119 employees, the largest criminal
    conspiracy in Amtrak's history.
        Will you commit to vigilantly ensuring that Amtrak funds
    are used efficiently and in accordance with law?
        Mr. Gleason. Absolutely.
        Chairman Cruz. And do you also commit to ensuring that
    Amtrak executive compensation, benefits, and bonuses are
    appropriate and based on measurable metrics such as ridership,
    revenues, and safety?
        Mr. Gleason. I would have it no other way.
        Chairman Cruz. Thank you. Senator Peters.
        Senator Peters. Thank you, Mr. Chairman. Mr. Gentin, my
    first question is for you, sir. At last week's hearing I raised
    concerns with the Administration's attempt to basically find a
    back door to abolish the Manufacturing Extension Partnership
    Program, and on top of that, on Friday, the Michigan High-Speed
    Internet Office heard from the Department of Commerce that they
    were terminating funding for their Digital Equity Grant
    Program. That is formula funding that has already been awarded
    to local communities, and has already been spent by those
    communities in the state of Michigan. Basically, what it does
    is it increases adoption of high-speed internet, raises
    awareness about cybersecurity, particularly for vulnerable
    groups like our seniors, digital skills workshop training, as
    well as educating consumers on online privacy, just to name a
    few.
        The Federal Government, in my view, and I think the view of
    the courts, as well, can't promise funding to a community and
    then simply refuse to pay when the bill actually shows up. Both
    of these programs, the Manufacturing Extension Partnership and
    the Digital Equity Grant Program, are authorized and fully
    funded, clearly and very specifically by Congress.
        You have been nominated to fulfill the role of the top
    legal advisor to the Department of Commerce. So my question is,
    I think, is fairly simple and straightforward. Without input
    from Congress, is it legal for the Administration to simply
    cancel funding for authorized and fully appropriated programs
    put into law by the U.S. Congress?
        Mr. Gentin. Thank you very much, Senator. I am not yet
    confirmed as General Counsel of the Department of Commerce, and
    I certainly recognize the importance of the issues you have
    raised, and you raised in the prior hearing. I have not been
    involved in either advising or implementing the actions that
    you describe. I certainly would prioritize, if I am honored to
    be confirmed, looking at those issues, looking into those
    issues, working with the relevant bureau leadership and with
    counsel at the Department of Commerce.
        Senator Peters. Well, I understand, and I tried to
    highlight a little bit of the issue. I understood that you are
    not there now, so I fully appreciate that point. But this is
    basically just a legal question, that if Congress has
    authorized funding, by law, can the Administration just say,
    ``Sorry, we're not going to do it''? Aren't they supposed to
    faithfully execute the laws of the United States of America?
        Mr. Gentin. Senator, I hear you loud and clear. I think if
    I am confirmed, I will make it a priority to look into those
    issues. I have not, as I say, advised on or been a part of
    implementing the actions that you describe.
        Senator Peters. Well, if confirmed, we will reach out and
    we will have those conversations, and hope you would commit to
    doing that.
        Mr. Gentin. Thank you, Senator.
        Senator Peters. Mr. Fink, in 2022, before Pan Am Railways
    became part of CSX, an FRA audit found, ``significant safety
    issues are not receiving the serious and thoughtful
    consideration by railroad leadership that Pan Am's employees
    and the public deserve.'' That was in 2022. I think you left
    shortly thereafter from the railroad, as well.
        This was on top of court cases that occurred during your
    time at Pan Am that found, ``a culture of intimidating
    employees,'' and that as of 2017, ``99 percent of injuries at
    Pan Am that were reportable to the FRA triggered formal charges
    against injured employees.''
        So based on what I look at as a very concerning record from
    these audits, I have a couple of questions for you. First, do
    you accept the FRA's findings about Pan Am's railroad safety
    failings?
        Mr. Fink. No, sir, I do not, and thank you for the
    question. The safety audit was done in 2022, and there were
    some issues that I took with it. First off I would say there
    was a statement about our lack of a safety culture. We are the
    only railroad that has done two safety culture audits, I think,
    in the country, and we took the information that we got from
    that and we improved on our safety. So when they said we didn't
    have a safety culture, I just disagree, and that is just not
    true.
        We also worked very closely with organized labor--I did--14
    times per year, going out into the field and meeting with the
    people and finding out what the issues were that were out
    there, whether it would be walking issues or tripping hazards
    or situations with locomotives, and we would correct those
    things, or situations in the shop, to try to make things safer.
    And that is where our employees came with their union
    representatives and we talked about those things and made
    things better.
        Senator Peters. So if I may, you have an audit that has a
    number of findings and recommendations. Do you believe if you
    get an audit like that you should respect that audit and at
    least answer the audit and show exactly, in a concrete way, as
    to how you are addressing the findings?
        Mr. Fink. Yes, sir, and our folks did do that, and wrote a
    letter back to the FRA, and was working with them all along on
    these issues. And the audit popped up because we had an awful,
    tragic accident with a 41-year employee, long-term employee,
    that lost his life working for our company. And that triggered
    the audit. The audit went through a lot of different items, and
    I took exception to the lack of a safety culture. They came in
    and they looked at things. There were definitely some defects.
    It was a 49-page audit, and they came up after that with two
    violations.
        Senator Peters. But I want to say, just in my remaining
    time here, do you accept that when an audit--you have to take
    it seriously.
        Mr. Fink. Oh, sir----
        Senator Peters. Because as you know, for the FRA, we can't
    have a culture where railroads say, ``Oh, I got a bad audit,
    but, you know, I just disagree with everything there. Forget
    it.'' We cannot have that when it comes to safety. I mean, you
    heard my opening remarks. This is personal, as well. We have
    people that are seriously injured and die. Safety has to be
    paramount. And someone who dismisses audits or thinks they are
    just unjustified on a regular basis, I have real concerns
    about.
        So please assure me and the Committee that these audits are
    something that you will aggressively enforce when it comes to
    talking to the railroads.
        Mr. Fink. Absolutely, sir. I did not want to lightly talk
    about that. I took exception with some of the items that were
    in the audit. I will definitely work on those. Safety is the
    first importance in the discharge of duty, and I do not, will
    not waver from that, at all, as Administrator.
        Senator Peters. Thank you. Thank you, Mr. Chairman.
        Chairman Cruz. Thank you, and Mr. Fink, I agree with you
    and Senator Peters, that safety has to be first. What was your
    railroad's objective record when it came to safety and
    accidents compared to your peers?
        Mr. Fink. So when I look at our objective record over the
    last 10 years that I was there, with the railroads in our
    class, the Class II, there were 11 railroads. We came in third.
    In the Olympics that is a bronze medal. I would love a gold,
    but a bronze isn't bad, and we are always working to do things
    better every day.
        Chairman Cruz. So your safety record was significantly
    better than the majority of your peers. Is that accurate?
        Mr. Fink. That is absolutely accurate.
        Chairman Cruz. Senator Moran.

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

        Senator Moran. Chairman, thank you. Mr. Fink, let me begin
    with you. Railroad safety is what we are talking about, and I
    want to continue in that vein. Freight rail has always had, and
    already has, a high safety record, but we know improvements
    could be made, as you have said. In my view, one of the
    simplest and easiest ways would be to modernize FRA's
    regulatory approach and allow railroads to innovate and deploy
    safety technologies across the network. If confirmed, will you
    commit to ensuring FRA becomes a valued partner, a partner with
    the railroads, in incorporating new technologies and processes
    into the system?
        Mr. Fink. Thank you for the question, Senator. It was nice
    bumping into you this morning at the cafeteria.
        Yes, absolutely. Technology, I think is important. We have
    a lot of items out there that can make a safe railroad even
    safer. I want to work with the parties involved, certainly work
    with the Office of Safety, continue to gather data, making sure
    that this technology that we put out there is going to be
    failsafe and it is going to be better than what we have today.
        Senator Moran. We have utilized, in Kansas, the FRA's
    Corridor ID Program. That is a program that has allowed
    communities the opportunity to examine passenger rail planning
    and development to assess new routes needed in order to
    adequately connect unserved or underserved communities. We have
    benefited in that over the years, that program over the years,
    with our year-long effort of extending Amtrak's Heartland
    Flyer. Heartland Flyer would connect to Oklahoma City, which
    then connects to Fort Worth. That would benefit our entire
    state, but Wichita and Newton, Kansas, would become significant
    beneficiaries.
        If confirmed, will you commit to supporting the Corridor ID
    Program, particularly as our Kansas Department of
    Transportation and its partners prepare to advance the second
    step of that effort?
        Mr. Fink. Senator, thank you for the question. I am not
    familiar with the Corridor ID Program. I am looking forward to
    sitting down and learning about all the different programs. I
    have read about a lot of different programs. I have worked with
    Amtrak over our career. We ran 12 Amtrak trains a day on our
    little railroad. We were a preferred host of Amtrak.
        So I look forward to working with the Amtrak management and
    looking at how we are going to work on and improve the national
    network for Amtrak. So you have my word on that. But I need to
    get there and check these programs out, and I would be happy to
    report back to you.
        Senator Moran. Mr. Fink, I am happy to highlight the
    program to you and allow you to do that. Thank you.
        Mr. Fink. Thank you.
        Senator Moran. Let me ask Mr. Gleason. The support of long-
    distance passenger rail, I have had this conversation with
    nearly every nominee while I have been in the Senate and on
    this Committee, about their commitment to long-distance
    passenger rail service. I, on occasion, have utilized the
    Northeast Corridor, but I want to make certain that the
    railroads that serve the vast geography of our country are not
    overlooked. Tell me about your commitment to long-distance
    passenger rail?
        Mr. Gleason. I am committed. I have ridden long-distance
    trains. I rode the California Zephyr from Chicago over to San
    Francisco, and the Pacific Coastliner, and use the Auto Train
    on a regular basis. We do need that. We absolutely need that.
        And I think that you know,you know what your state needs,
    and I look forward to working with you in order to provide the
    necessary passenger rail for your state. We need more passenger
    rail, I believe, in this country.
        Senator Moran. Thank you. Mr. Gentin?
        Mr. Gentin. Yes, Senator.
        Senator Moran. I have asked this question of nominees for
    General Counsels at the departments that I serve on committees
    and have jurisdiction over, and it is this. Would you confirm
    to me that if asked you would provide your client, the
    Department, with advice that requires them to follow the law,
    and the law as defined in court orders and decisions? And the
    point here is to recognize that those court orders and
    decisions are required to be followed.
        Mr. Gentin. Yes, I would, Senator.
        Senator Moran. Without exception?
        Mr. Gentin. Yes, Senator.
        Senator Moran. Thank you. Thank you, Mr. Chairman.
        Chairman Cruz. Thank you. Senator Klobuchar.

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

        Senator Klobuchar. Thank you very much, Mr. Chairman. I
    will start with you, Mr. Fogel. I enjoyed our discussion
    yesterday. As I explained, I have long done work in the area
    with Foreign Commercial Service, and really believe that it is
    an opportunity, especially for small businesses that may not
    have full-time trade experts, to access markets. And I have
    numerous examples from my own state, that we discussed.
        National Rural Export Center in Fargo, you wouldn't think I
    would be asking about Fargo, but it is right next to Minnesota,
    to the point I call it Moorhead-Fargo, but Senator Hoeven may
    disagree.
        So Senator Hoeven and I have been leading efforts to
    permanently establish a Rural Export Center within the U.S.
    Commercial Service to help rural businesses export their
    products. I suggested at some point you should talk to him
    about it.
        Could you talk about the importance of rural exports and
    the work that is done in the Department in the U.S. and Foreign
    Commercial Service when it comes to rural?
        Mr. Fogel. Sure. Thank you, Senator, and like you said, it
    was great speaking with you yesterday.
        Look, the Foreign Commercial Service plays an essential
    role in trade, and you mentioned the Rural Export Centers.
    Agriculture is a key issue. It is a priority of President
    Trump. The agriculture trade deficit went up significantly in
    the last 4 years, and he has made it a priority to bring that
    down. We are already starting to see results with the U.K., and
    I think we will see more with other trade framework deals that
    the President and his team will enter into.
        But there is a big role for the Foreign Commercial Service,
    the U.S. Commercial Service to play. What they do, as you
    alluded to, is help educate small businesses in particular, but
    all businesses, for exports, what markets to export to, how to
    deal with non-tariff barriers, import restrictions, et cetera.
    And as we talked about, if you are a small business owner and
    you have never exported before, you really need expertise to
    help get you over the hump.
        Senator Klobuchar. Of course, I am very concerned about the
    effect of these tariffs. I am not going to spend my precious 5
    minutes on this. Maybe I will ask you more later, just on
    farming, with soybeans especially, already the market in China
    was down to only 20 percent of the market. The rest went to
    Brazil from the last Trump administration, and now they are
    concerned they are going to lose it all over. So I hope that we
    can get in a better place, but it has been a real problem for
    farmers.
        Next up, Mr. Gleason, last year Amtrak launched the new--I
    don't know if you know about this--the Borealis Line, which
    runs along the Empire Builder route, and they added a second
    daily train from St. Paul to Chicago. There was only one, and
    that was always a problem when there was just one. And
    interestingly enough, there are 11 stops in between. The
    ridership exceeded expectations. It has reached 100,000 riders
    in the first 5 months. And in your testimony you discussed the
    economic importance of passenger rail to the towns they serve.
    This stops at 11 stops. Three are in Minnesota--St. Paul, Red
    Wing, home of Red Wing Shoes, and Winona.
        Will you commit to working to improve and maintain
    passenger rail on long-distance routes that connect rural areas
    to urban centers?
        Mr. Gleason. Absolutely, and that story of the Borealis is
    amazing. And it just shows that the people of America, they
    will ride the trains if they are there. So absolutely, I am
    committed to that.
        Senator Klobuchar. OK. There is another train that we are
    looking at. It has been long in the making. It is a long and
    existing route that I ask you to look at if you are confirmed.
    It is Northern Lights Express. It is in Representative
    Stauber's district, pretty much in northern Minnesota,
    Republican Representative. But it goes from the Twin Cities up
    to Duluth. It is not running yet but it is something that was
    one of the next-up situations, which would not involve building
    a lot of track. It is existing use for shipping and the like.
    And there are many colleges up in Duluth, and it is kind of a
    growing area and big tourist area, and also the same thing,
    routes along the way. There is a lot of interest. So if you
    could look at that I would appreciate that.
        Mr. Gleason. Certainly.
        Senator Klobuchar. Thank you. And then last up, Mr. Fink.
    Blocked rail crossings have always been one of my priorities,
    just because we have so much shipping going on in Minnesota. We
    are the fourth-biggest ag exporter in the country. We've got
    tons of other manufacturing, things we are making. We go to
    ports, the Port of Duluth a lot, and then we go down the river,
    down the Mississippi River.
        And as you noted in your testimony, FRA's grant programs
    are a way to ensure safety and efficiency. The Railroad
    Crossing Elimination Grant does just that by supporting
    projects that eliminate at-grade crossings. We have had a
    number of really, really positive projects where we have
    eliminated a rail crossing where there have been a lot of
    deaths or accidents, by going under underpasses, overpasses,
    you name it.
        Do you commit to addressing blocked railways and ensuring
    funds appropriated to the RCE are spent as directed by
    Congress?
        Mr. Fink. Thank you very much for the question, Senator. In
    my previous job, the majority of the questions I would get from
    congressional staff was, ``Why is your train blocking our
    crossing?'' So I understand it from the railroad side, and now
    I am going to learn it from the FRA side.
        It is important. My interview with Secretary Duffy, that is
    the second question he asked me, ``Why can't railroads not
    block crossings,'' and we explained some of the idiosyncrasies
    of that. That is going to be an important continued data-
    gathering. I think the grant programs are important, and we
    have seen some real progress, and I think this technology is
    another piece of where technology will be able to help us with
    block crossings. You have my commitment. We are going to be
    working on that right away.
        Senator Klobuchar. OK. Thank you very much. Thank you, and
    I will ask you, Mr. Gentin, questions in writing. Thank you.
        Chairman Cruz. Thank you. Senator Capito.

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

        Senator Capito. Thank you, Mr. Chairman, and thank all of
    you for being here, and thank you for the visits to my office.
    I very much appreciate that.
        Mr. Gentin--you said it is a hard G; did I get that right?
        Mr. Gentin. It is Gentin, Senator.
        Senator Capito. Gentin. Sorry. Several West Virginia
    companies are seeking rulings from Commerce on anti-dumping and
    countervailing duty orders to protect against unfair trade
    practices. Given the increased use of third-party countries to
    circumvent our trade laws, how will you ensure that the
    Department of Commerce effectively enforces anti-dumping and
    countervailing duty orders to protect our U.S. industries from
    unfair trade practices?
        Mr. Gentin. Thank you, Senator. I think the President and
    Secretary Lutnick have been very clear that one of their goals
    is to ensure that the United States is treated with fairness
    and respect in the global trade regime. If I am honored to be
    confirmed by this body I will certainly work with the
    leadership of ITA and BIS, along with counsel at the Department
    of Commerce, to ensure that West Virginians and other Americans
    are treated fairly by foreign companies.
        Senator Capito. Thank you. I don't know if you know this in
    the depth that you will once you are confirmed, but what legal
    standards need to be met by the Department of Commerce when
    they are initiating a trade investigation?
        Mr. Gentin. Senator, that is not something I have delved
    into in my current situation, but I am glad to look into that
    and prioritize that if I am confirmed.
        Senator Capito. Thank you. Mr. Fogel, welcome, and I know
    from your private sector background and prior public service
    you appreciate the need for more investment here, domestic
    investment, certainly on the emerging tech side. Cutting-edge
    technology requires infrastructure to support it. And I will
    put a plug in for my state, as an excellent place to make those
    investments.
        What vetting steps would you take to ensure that bad actors
    or national security threats do not gain a foothold here while
    ensuring we are open for business? In other words, the vetting
    process of figuring out where the investment is coming from.
        Mr. Fogel. Right. Well, thank you, Senator. It was nice
    meeting with you. Absolutely, what you are talking about is
    really important. On the export side--I know you are asking
    about investment--I am a huge advocate for exports because the
    Global Markets team is responsible for exports. But, at the
    same time, we need to be careful that we are not just exporting
    for exports' sake. We need to be mindful that we are not
    sharing technology, proprietary technology, with bad actors,
    particularly China.
        On the investment side, as well, although it is not really
    the responsibility of the Global Markets team, I would want to
    work with my interagency colleagues as well as my colleagues at
    Commerce to make sure that the foreign investment coming in is
    not being used for any kind of insidious purpose.
        Senator Capito. Yes, thank you. I think that is an
    important aspect as we look to the future.
        On rail safety, Mr. Fink, you and I talked about the
    accident that occurred in Ohio, or just outside the boundaries
    of West Virginia, and the impacts that it had on major
    railroads and major railroad safety. What can we do to make
    sure that the safety measures--we didn't pass a rail safety
    bill--but the safety measures that you learn, lessons learned
    from NTSB and others are quickly and effectively implemented by
    the railroads to prevent future accidents?
        Mr. Fink. Thank you for the question, Senator. The East
    Palestine derailment was an awful tragedy that really should
    not have happened, and with technology to stop it from
    happening, but it happened. I think the railroads have
    voluntarily put more sensors out there to see if certain
    bearings are heating up, and stop the train so we don't have
    the same thing happen in East Palestine.
        And there are other things that I look forward to. You
    know, my job is the enforcer of the laws that you pass. So when
    you pass a law, we will look at it, and the FRA will enforce
    that law, whatever you come down with on what we should be
    doing on different items of rail safety. And I look forward to
    that happening, if confirmed.
        Senator Capito. Thank you. And Mr. Gleason, thank you for
    the visit, as well, and we talked about the lines that go
    through West Virginia, the Cardinal, which only runs 3 days a
    week, which we would like to get that service up, going out to
    Chicago, and then the Capitol Limited, which a lot of West
    Virginians use to commute into D.C. quite frequently.
        You know, I didn't tell you this. I actually forgot about
    this. But I do want to thank Amtrak because over the last
    several years they have improved the access into the boarding
    stations for folks with disabilities and modernized those, even
    in the couple, like in Montgomery, West Virginia, which is a
    smaller town, made it so that people could easily access. And
    that, I think, to me, is extremely important as you are looking
    on how you get more people to ride the rail. You have to make
    it accessible for all types of disabilities and ages of
    passengers.
        But I did say to you, and I am going to say this publicly,
    that the last time I rode an Amtrak train, I found it was not
    maintained to what I think the standards of American passenger
    service should be maintained to. So I hope during your tenure
    on the Amtrak board that you put a heavy emphasis on that, as
    well. I know there are new trains coming on board, and I know
    some of it is because of the olden age of the particular cars.
    But I think we can do better here, and I think we need to.
        Mr. Gleason. Thank you. I agree.
        Senator Capito. Thank you.
        Senator Cruz. Thank you. Senator Baldwin.

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

        Senator Baldwin. Thank you, Mr. Chairman. I have been
    seriously concerned about the role that the Department of
    Government Efficiency, otherwise known as DOGE, is playing in
    driving some of the chaos and upheaval in the Commerce
    Department, including shutting down the Minority Business
    Development Agency.
        For example, as I raised in this Committee last week, Elon
    Musk and DOGE are playing an outsized and highly questionable
    role at the Department. So Mr. Gentin, since joining the
    Department in February, have you ever met with Elon Musk?
        Mr. Gentin. Yes, Senator. I attended a meeting, one
    meeting, where he was also there.
        Senator Baldwin. Who else was present?
        Mr. Gentin. This was, I would say, a casual meeting. People
    were walking in and out. It was also some time ago. I was
    there----
        Senator Baldwin. Where was it?
        Mr. Gentin. It was in the White House, Senator.
        Senator Baldwin. And what was discussed? Did you discuss
    any of the plans that DOGE had for the Commerce Department?
        Mr. Gentin. No. It was a very high-level discussion, a
    casual discussion.
        Senator Baldwin. Mr. Gentin, have you ever met any of the
    members of the Department of Government Efficiency while
    working at the Department of Commerce?
        Mr. Gentin. Senator, I was introduced to two members that I
    understood were associated with DOGE in the hallway, casual
    introduction, just a few seconds really.
        Senator Baldwin. Was one of them Nate Cavanaugh?
        Mr. Gentin. No.
        Senator Baldwin. OK. Do you know who the two DOGE members
    were?
        Mr. Gentin. I don't recall their names. I know it was not
    Mr. Cavanaugh. His name came up, I think, in a prior hearing. I
    don't recall that it was him.
        Senator Baldwin. And are these DOGE members now Department
    employees, the ones that you met?
        Mr. Gentin. I don't know, Senator.
        Senator Baldwin. OK. I want to just register my serious
    concern about the role that DOGE played in dismantling the
    Minority Business Development Agency. I also believe that they
    played a significant role in creating instability in the
    Manufacturing Extension Partnership. Are you familiar with that
    program?
        Mr. Gentin. I am not, Senator.
        Senator Baldwin. OK. So earlier this year, the Trump
    administration did not renew contracts for 10, it is referred
    to as MEP, the Manufacturing Extension Partnership. So they
    didn't renew contracts for 10 MEP centers, causing great alarm
    across the country, and in Wisconsin, at our MEP center. And
    while these contracts have now been restored until the end of
    the Fiscal Year, for a few more months, this jolt of
    instability for the Manufacturing Extension Partnership is both
    unwelcome and unnecessary.
        Mr. Gentin, if Congress does its job and appropriates
    funding for the MEP centers, will you renew their contracts, as
    is standard practice, while you are serving in this position?
        Mr. Gentin. Thank you, Senator. I certainly recognize the
    importance of this issue for you and for Wisconsin. I am not
    familiar with it. If I confirmed, I will gladly prioritize this
    and look into it.
        Senator Baldwin. Mr. Fink, thank you for meeting with me. I
    was planning on asking some of the specific questions that
    Senator Peters just asked you, about the audit and the critical
    safety concerns with Pan Am's long-term safety record and
    apparent failure of Pan Am's leadership to take action to
    develop a positive safety culture. That is a read-out from the
    February 2022 FRA Chief Safety Officer's letter.
        But I wanted to just draw some attention to another aspect
    of leadership at Pan Am that was cited by the railroad that
    acquired Pan Am. When CSX acquired your railroad, their CEO
    testified that the track and infrastructure, in some cases, was
    in such poor condition that, ``it was so overgrown with trees
    and weeds you didn't even know there was a railroad there.''
        Can you comment on what commitment to safety could have led
    to the condition of rails as the acquiring CEO testified?
        Mr. Fink. Thank you for your question, Senator, and I
    enjoyed our visit yesterday.
        As far as CSX purchasing our railroad, I spent several days
    taking their Chief Operating Officer over most of the railroad
    lines. Mr. Foote's comments were on one specific piece of track
    that was in an area that was an overgrown wetland.
        We strived every year to improve our capital and improve
    our railroad. When we gave the railroad over in June 2022, it
    was in the best shape it had been in in 20 years, and that is
    not just me talking. It is what we were doing as far as safety
    and train accidents. So our record versus our connecting
    railroads, we were as good or better. Our safety culture was
    there. We had done safety culture studies. We handed the
    railroad over to the CSX in good shape, and they knew exactly
    what they were getting. We cooperated with all of the states
    that we worked in, all of the time, did a lot of cooperative,
    joint ventures, allowing passengers running on our freight
    railroad. So, I mean, overall, I am proud of the work that we
    did over the 20 years.
        There certainly were some issues. They have been raised. I
    have talked about my thoughts on those issues. My job at FRA
    will be the chief person to enforce the laws, and that is what
    I will be doing, and I will be certainly working with you and
    the Committee to make sure that you are happy with what we are
    doing at the FRA.
        Senator Cruz. Thank you. Senator Lujan.

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

        Senator Lujan.--President's nominee for General Counsel for
    the Department of Commerce. I have a few yes-or-no quick
    questions for you, and I would appreciate a quick yes-or-no
    response.
        Yes or no, are you familiar with the Bipartisan
    Infrastructure Law from 2021?
        Mr. Gentin. I am not sure I am, Senator.
        Senator Lujan. Oh boy, Mr. Chairman. So we have someone
    before us to go to the Department of Commerce that is not
    familiar with one of the biggest pieces of legislation that
    this Congress enacted, in a bipartisan fashion, to build
    infrastructure in America. Is that correct?
        Mr. Gentin. Maybe there is an aspect of the law, Senator,
    you want me to ask about. I may not be familiar with that name.
        Senator Lujan. It was called the Bipartisan Infrastructure
    Law, in 2021. It was referred to by other names, as well. That
    doesn't sound familiar?
        Well, nonetheless, are you familiar with something called
    the Digital Equity Act?
        Mr. Gentin. I am aware of the fact that there is a program,
    a grant program, by that name, Senator.
        Senator Lujan. Can you tell me what that program is?
        Mr. Gentin. My understanding is that is a program that is
    designed to make the digital economy available to Americans.
        Senator Lujan. So my question is, yes or no, is the purpose
    of the Digital Equity Act to help close the gap in broadband
    adoption and support programs that help provide children and
    seniors with the skills they need for the digital age?
        Mr. Gentin. I don't know the details of that program,
    Senator. I would defer to you if that is how the program is
    described.
        Senator Lujan. I will stand by that description.
        Yes or no, does Article III of the Constitution say that
    judicial power of the United States shall be vested in one
    Supreme Court?
        Mr. Gentin. Yes, Senator.
        Senator Lujan. Yes or no, did Marbury v. Madison, a Supreme
    Court case from 1803, establish judicial review?
        Mr. Gentin. Ooh, you are taking me back to law school,
    Senator, but that sounds correct.
        Senator Lujan. Yes or no, does the judicial branch have the
    sole power to declare a law unconstitutional?
        Mr. Gentin. Senator, certainly the judicial authorities
    have the right to review laws for their constitutionality.
        Senator Lujan. Yes or no, did the President declare the
    Digital Equity Act, a bipartisan law passed by Congress,
    unconstitutional in a Truth Social post?
        Mr. Gentin. I am aware that the President issued a Truth
    Social post regarding the Digital Equity Act, Senator.
        Senator Lujan. May 8, 2025, at 4:38 p.m.
        Yes or no, does the Constitution grant the President the
    power to nullify entire sections of laws passed by Congress?
        Mr. Gentin. Senator, I have not looked into, in any way,
    the constitutional issues that you just flagged, relating to
    this. I have not done so.
        Senator Lujan. In law school did they teach you that the
    President can nullify?
        Mr. Gentin. I don't recall that that was discussed when I
    was in law school. It was a long time ago.
        Senator Lujan. Where did you go to law school?
        Mr. Gentin. Columbia Law School, Senator.
        Senator Lujan. On Friday, this letter was sent out from the
    President of the United States, the Department of Commerce, to
    constituents in all of our states, nullifying this program
    based on what President Trump said, Secretary of Commerce
    Howard Lutnick and he, ``we agree that this is totally
    unconstitutional.''
        I hope my colleagues from across the country whose
    constituents are depending on this program just to get
    connected to the internet, that is how this all happened, that
    we can work together to reverse that.
        Mr. Fink, under your leadership the railroad you ran was
    found to have, ``critical safety concerns, a culture of
    retaliation, high accident rates, and extremely poor track
    conditions which increased the risk of derailments.'' The FRA,
    the agency you are nominated to lead, attributed these to,
    ``failure of Pan Am's leadership.''
        How can we trust you to hold this position and hold
    companies accountable to areas that were not met while you were
    there?
        Mr. Fink. Thank you for the question, Senator. I would
    disagree, that we did meet the standards, and there was
    disagreement between our folks and FRA. And let me just say
    that any time we had issues with FRA we fixed things and we
    argued about them later. If they said something wasn't right we
    fixed it. So we had a safety audit. I disagreed. We had a
    safety culture. We did safety culture studies, and our
    incidents and accidents were at or below the industry
    standards.
        Senator Lujan. Mr. Fink, two of my colleagues asked you
    questions about the nature of the track that was covered in
    trees and all the rest. You responded that you took their
    safety person out and did a walk and pointed it out.
        Mr. Fink. Yes, we did.
        Senator Lujan. My question is, are you contending that the
    CEO of CSX lied?
        Mr. Fink. No, sir.
        Senator Lujan. I appreciate that.
        Every time Amtrak employees have come before this Committee
    I have pushed for robust funding and support for Amtrak to
    improve and expand our Nation's long-distance rail network. You
    may have heard from Senator Moran, but Kansas, Colorado, and
    New Mexico often get together when we start seeing attacks on
    the Southwest Chief.
        Yes or no, are you committed to advocating for increased
    funding for the long-distance network to address outdated
    equipment and maintenance issues?
        Mr. Fink. I am for Amtrak being a national network and us
    supporting Amtrak as a national network.
        Senator Lujan. What about the Southwest Chief?
        Mr. Fink. I do not have any information on the Southwest
    Chief. I am not sure where it goes. I will certainly work with
    the Committee on specific Amtrak issues. I am for the Amtrak
    national network.
        Senator Lujan. I appreciate that. Before Senator Moran
    calls you into his office with the rest of us in there I would
    encourage you to learn about the Southwest Chief.
        Mr. Fink. I will learn about everything I need to learn
    before I have to go to Senator Moran's office.
        Senator Lujan. Well, especially the Southwest Chief. I am
    telling you, there will be a meeting. It happens every year.
    The CEOs come in, the person in your position is going to come
    in, and all the rest. So I hope we can find some commonality
    there.
        Mr. Chairman, I have other questions for the record. I will
    submit them for a response, as well.
        Thank you, and I yield back my time.

                    STATEMENT OF HON. BERNIE MORENO,
                         U.S. SENATOR FROM OHIO

        Senator Moreno [presiding]. Well, thank you. See, this
    worked out well. I get to ask questions from the non-cheap
    seats. I can see you face to face. It is a lot better.
        Mr. Fink, thank you for your willingness to serve, actually
    to all four of you. Thank you for your willingness to serve the
    country. It is very appreciated. I am sure there are a lot of
    other things that you could be doing in your lives at this
    stage, but signing up to serve your country has got to be, I am
    sure, up there among the greatest honors. So thank you, and
    especially given your qualifications and what this means to
    your families and the sacrifice you are making.
        Mr. Fink, you and I had a great meeting in my office and we
    talked about the East Palestine train derailment. What do you
    think went wrong?
        Mr. Fink. An overheated bearing burned off and allowed the
    train to derail in East Palestine, releasing vinyl chloride and
    other chemicals into the air.
        Senator Moreno. And we talked about the Norfolk Southern
    and the commitment they have made. And actually, I have got to
    give them accolades. A lot of times these companies get beat up
    a lot because of what happened. They deserve a lot of the press
    that they got. But they have stepped up. They have stepped up
    at East Palestine. One of the things they have done is created
    a training center for train derailments. It is the center of
    excellence in the country for how to handle these.
        Do I have your commitment to support that training center
    with resources that make certain it actually becomes a world-
    class center for how to handle these disasters?
        Mr. Fink. Yes, sir. We had a great conversation in your
    office. I am looking forward to that. Also in visiting with
    your colleagues from both Pennsylvania and from West Virginia,
    they also talked about the first responder situation and the
    center that you are going to be building. Some of the folks
    that are sitting in our audience right now are first
    responders, and also railroad employees that I spoke with
    before starting this conversation, and mentioned the center in
    East Palestine. I look forward to visiting it when it is open.
        Senator Moreno. That is fantastic. Perfect. Thank you, Mr.
    Fink.
        Shifting over to you, Mr. Fogel, the UAW, how do they feel
    about the tariffs? What is their viewpoint? And by the way,
    just to be clear, the UAW supported Joe Biden in this election,
    supported my opponent in this election. What is their general
    view of tariffs?
        Mr. Fogel. Senator, what I hear in the media is that they
    are supportive of the President's tariffs.
        Senator Moreno. And why do you think that is, from your
    vantage point? Why do you think a union that has a heavy
    Democrat bias would be supportive of a Republican's plan and my
    plan, which is to reindustrialize this country?
        Mr. Fogel. Right. I don't look at the politics of it. I
    think simply the President is putting the middle class, the
    working class first with his trade agenda, so I think that is
    probably why they like it. And specifically for the auto
    industry, he is advocating for the U.S. auto manufacturers.
        Senator Moreno. And give me a sense, in your mind, the
    scale of the problem over the last 25 years. What has happened
    to our industrial heartland as a result of Presidents that
    haven't stood up to make certain that we had a level playing
    field?
        Mr. Fogel. Well, I will mention, I have firsthand
    experience with this, Senator, just briefly. My current
    business is a data center business, but we located in an old
    industrial area of northern New York, which I am sure, like
    parts of Ohio, have been decimated by the offshoring of
    manufacturing. And it has really hurt this community. The
    population level is down to 1950s levels. Income levels are
    down. Unemployment is high.
        So I am very pleased to see the President prioritizing
    bringing back those types of communities by onshoring more
    manufacturing.
        Senator Moreno. And right now I think the current number is
    somewhere around $6 trillion--there is now another $600 billion
    deal signed with Saudi Arabia--$6 trillion and counting of new
    investment in America. What do you think that means for places
    like Ohio?
        Mr. Fogel. I think there is going to be a rejuvenation of
    America's heartland, frankly, as a result of the President's
    policies. As you mentioned, trillions of dollars of new
    investment, and I am very optimistic.
        Senator Moreno. That is great. And I can count on you to
    make certain that Ohio manufacturers have a level playing field
    when they export their goods around the world.
        Mr. Fogel. Absolutely. Ohio and all states.
        Senator Moreno. Well, I only care about Ohio.
        [Laughter.]
        Senator Moreno. Mr. Gentin, you, obviously, have to pay for
    these deals. What is the level of difficulty that some of these
    countries put on when making these trade deals? In other words,
    how tough of negotiators are they with the United States?
        Mr. Gentin. Thank you very much, Senator. The trade deals
    are really being handled by United States Trade Representative
    and colleagues in the Department of Commerce. I personally have
    not, in my current role, been involved in negotiating those
    trade deals. My sense is, just knowing Secretary Lutnick and
    certainly under the direction of the President, these are
    difficult discussions. But I think the Administration is
    committed to doing what is required to protect the American
    people so that the outcomes are favorable for our country.
        Senator Moreno. And over the last 110 days, have you ever
    seen a President more committed to making certain that American
    companies and American workers have a level playing field than
    President Trump?
        Mr. Gentin. I have not, Senator, and it is a source of
    great inspiration for those of us in the Department of
    Commerce.
        Senator Moreno. It almost makes you wonder what happened
    with Presidents before. Like why weren't they making certain
    that American workers were on a level playing field? Does that
    cross your mind, as well?
        Mr. Gentin. It does, Senator, and I think it dovetails a
    little bit with what you said earlier. I think that is actually
    why many of us have decided to come back into public service.
    You see those of us on this panel and many others. It is a time
    where we feel that this is an opportunity to do something good
    for the American people, for all Americans, and it is an
    inspirational time to do so.
        Senator Moreno. I appreciate it. Thank Mr. Gentin. Mr.
    Gleason, I am out of time, but thank you for being here, as
    well.
        And I will now recognize our Senator from New Jersey, oh,
    from Delaware. Delaware, the first state, and closer. So thank
    you.

                STATEMENT OF HON. LISA BLUNT ROCHESTER,
                       U.S. SENATOR FROM DELAWARE

        Senator Blunt Rochester. Thank you, Mr. Chairman. Two of
    the nominees today, if confirmed, will have a significant
    impact on freight and passenger rail development in the United
    States, which are vital to our economy.
        Few, if any, rail corridors are as important as the
    Northeast Corridor, which includes Delaware and the Mid-
    Atlantic region. Any disruptions to these services would not
    only impact people, but it would cost millions of dollars a
    day.
        But before I get to addressing the future of rail travel in
    the United States, Mr. Gentin, I need to address an issue that
    we have been experiencing with the Department of Commerce.
    Since February, you have been Secretary Lutnick's senior
    advisor. Is that correct?
        Mr. Gentin. Since mid-February. Yes, correct, Senator.
        Senator Blunt Rochester. As you may know, Senator Lutnick
    told me directly, when he was here having his hearing for his
    confirmation earlier this year, that he would not dismantle the
    Minority Business Development Agency and turn back the clock of
    progress, bipartisan progress from many Presidents before him
    supporting these businesses. My colleagues and I have sent
    multiple letters seeking answers about the reversal of his
    promise to protect the agency and dismantle it.
        Our first letter was March 24th, then another letter on
    April 17th, and most recently we sent a letter on April 30th,
    less than 2 weeks ago, and we have since not received any kind
    of meaningful response.
        So I would like to know, is Secretary Lutnick aware of our
    letters about dismantling the MBDA?
        Mr. Gentin. Senator, I am not aware of those letters, and I
    don't know what Secretary Lutnick knows about those letters.
        Senator Blunt Rochester. So again, you have been his senior
    advisor since February? I just want to confirm that?
        Mr. Gentin. I have been one of his senior advisors,
    Senator, which is a role----
        Senator Blunt Rochester. Thank you. That is the question.
    Remind me. Did you attend Paul Dabbar's confirmation hearing to
    be Deputy Secretary?
        Mr. Gentin. Yes, Senator. I did attend that hearing.
        Senator Blunt Rochester. Do you recall many members, just
    like today, raised these exact letters, our serious concerns
    about what is happening at MBDA? Do you remember that?
        Mr. Gentin. I recall the topic of MBDA coming up at the
    Deputy Secretary nominee's hearing, yes.
        Senator Blunt Rochester. So I know you have said you have
    got a different role. Did you not feel this was important, even
    for this hearing, just even in preparation for this hearing,
    because it has come up before, to even mention it to the
    Secretary?
        Mr. Gentin. Senator, I am very well aware of the importance
    of this topic to you and to other members of the Committee. My
    understanding is that this matter is in litigation.
        Senator Blunt Rochester. It is my understanding that
    because of 21 attorneys general fighting it, that it has been
    halted by a judge. But have you participated in any meetings,
    have any communication, anything regarding the letters at all?
        Mr. Gentin. No, I have not, Senator.
        Senator Blunt Rochester. OK. We sent these letters in the
    past 2 weeks, and so it is hard for me to think that this is
    not something you would have prepared for, for this hearing. I
    assume you don't know of any plans to even answer the letters,
    and I would assume that you would say, as you have said before,
    you might prioritize it.
        Who do we need to contact at the agency to get an answer to
    these letters?
        Mr. Gentin. Senator, I will, coming out of this hearing,
    certainly go back to the Department of Commerce and try to
    follow up and try to get those letters responded to.
        Senator Blunt Rochester. So since you are the third person,
    my concern is, I don't like to use the term ``gaslighting,''
    but that is what it is kind of feeling like. We just need some
    answers to what is the priority. The Secretary said it was a
    priority. Past Presidents have said it was a priority, going
    all the way to Richard Nixon.
        So I hope that we can get an answer on that, and I would
    like to switch gears right now to Amtrak and our stations in
    Delaware. This is a vital area for us. Our stations, our
    training facilities, the operations centers, the maintenance
    shops, services to Delaware alone have a combined yearly
    ridership of over 650,000 passengers, and growing.
        Amtrak also directly employs over 1,300 Delawareans. Last
    week, we learned that Amtrak will be cutting about 450
    management positions. Given the mass layoffs and reduction of
    force, I would like to ask Mr. Gleason, what is your plan for
    being able to deal with expanding ridership at the time when we
    are shrinking the number of folks working there?
        Mr. Gleason. Since I am not on the board now I don't know
    anything about that. But, I mean, certainly Delaware has been
    wonderful as far as passenger rail is concerned, so I would
    hope that that would continue.
        Senator Blunt Rochester. I would hope--yield me two
    seconds--that I would have your commitment for full
    transparency on the positions, the rationale, and impacts to
    service that this might have on our constituents.
        I am all for government efficiency. I believe in it. But we
    don't make things more efficient by breaking them.
        Thank you, Mr. Chairman, and I yield back.
        Senator Moreno. Thank you. And your Ranking Member has been
    very gracious, Senator Kim, and said that you are next. We are
    going from east to west.

                      STATEMENT OF HON. ANDY KIM,
                      U.S. SENATOR FROM NEW JERSEY

        Senator Kim. Thank you. Thank you all for joining up. Mr.
    Gleason, I would like to just start with you. I guess I just
    wanted to get a sense from you, how is Amtrak doing? If you
    were to give it a grade, how would you grade it?
        Mr. Gleason. Well, again, I am not part of the Amtrak
    organization.
        Senator Kim. I know, and neither am I, but I certainly have
    my opinions about how it is doing.
        Mr. Gleason. Oh, I think it is doing pretty good. I
    recently took the Auto Train to Florida. It went well. I ride
    the Acela. I have ridden the California Zephyr. I have ridden
    the trains all over. I think they are doing better, but they
    could probably do better. There is no question about that. I am
    a proponent of passenger rail. I think----
        Senator Kim. I know, and I read your testimony and I
    appreciated the sentiments in there. I guess I am trying to get
    a sense of what you are going to be doing in this job. So I
    guess when you look at the budget, do you think the budget is
    at the appropriate level? Too high? Too low? I am just trying
    to get a sense of where your head is at right now.
        Mr. Gleason. Well, I will be one vote on the board,
    obviously.
        Senator Kim. Correct.
        Mr. Gleason. But a lot will have to do with your support of
    Amtrak. So, I mean, you know, you are the ones who give us the
    money to operate Amtrak.
        Senator Kim. We do so in consultation with the board.
        Mr. Gleason. Right. And I think that in the future that we
    could look into more private-public partnerships to get more
    revenue into Amtrak and expand it. I think there are a lot of
    ways to do it without just giving them taxpayers' money.
        Senator Kim. But you are not, at this point, in a mindset
    that you want to come in and cut the budget 20, 30, 40 percent?
        Mr. Gleason. Absolutely not.
        Senator Kim. Good. Especially when it comes to the
    Northeast Corridor, I will be honest with you, we are
    continuing to struggle. And there have been a lot of attacks
    over the years, a lot of proposals by colleagues of mine here
    as well as during the first Trump administration to cut budget
    for the Northeast Corridor. That is not something that is on
    your mind at this point?
        Mr. Gleason. No.
        Senator Kim. I guess I would just be interested in a sense
    of your vision for Amtrak. I will quote a couple of things you
    said here. You said, ``improve and expand passenger rail
    service across America in a fiscally responsible manner.'' You
    also said, ``Passenger rail doesn't just move people, it drives
    prosperity.'' Do you agree that those statement you made are
    still right?
        Mr. Gleason. Absolutely. And if you read it in my statement
    it has been devastating to my community to lose passenger rail.
        Senator Kim. Yes. I thought that was very powerful, how you
    talked about that.
        Mr. Gleason. And we have two trains a day. It is terrible.
    That is all we have coming through a town that has a main line
    of the Norfolk and Southern Railroad go through it. And it has
    isolated our town from the rest of the world, and I am sure all
    over America there are towns like that.
        So I think Amtrak and rail can be expanded a lot easier
    than building highways and a lot of other more expensive
    things. So I would like that hopefully the support comes from
    the Senate and the government to expand Amtrak. And we need to
    look at other ways that we can fund this expansion. Every
    Senator so far has talked about trains that are running now in
    their states, and they are very happy about it, and their
    people want it.
        And I mentioned before, the younger people of America are
    riding trains a lot more. You know, the ridership in Amtrak is
    younger. And many people today, they don't have driver's
    licenses, they don't have cars. They want to use public
    transportation. They want to ride Amtrak.
        Senator Kim. Well, I hope I can count on you, then, to work
    with me, because I feel like so often what happens here in
    Congress, in the years that I have been here, is we are just
    trying to tread water. You know, we are just trying to stop
    cuts from happening. But I would like someone to work with
    where we could actually lay out what a vision of this going
    forward would look like.
        Mr. Fink, I wanted to just turn to you. If you could just
    explain to us, very clearly and succinctly, what is the main
    mission of FRA?
        Mr. Fink. The main mission of FRA is to make sure that the
    safety in railroads for the public, freight passenger, that is
    it, safety.
        Senator Kim. Yes, and I think that is something that I
    share with you. You know, we had a number of cases in New
    Jersey last summer where we had problems between New Jersey
    Transit as well as the Amtrak, and it was causing the entire
    system to short out. Does that sound like a safety concern to
    you?
        Mr. Fink. It certainly does, and we had an excellent
    conversation about that in your office. Every day that we are
    not having these issues with the pantograph is important. I
    think a lot of people are studying it, hoping they are getting
    to the bottom of it so we don't have folks, including yourself,
    at Penn Station waiting for a train to get home.
        Senator Kim. Yes. We just can't have the undermining--I
    mean, the reason people rely on these is they want something
    reliable in that way, and we certainly did not see that. But
    also it was a safety concern. FRA played an important role in
    trying to adjudicate this. Do you promise that you will work
    with me, as well as those involved, to make sure we get to the
    bottom of this? Because we can't have another summer, this
    summer, like we had last.
        And I will be honest with you, I don't feel like I have the
    assurances yet to be able to look my constituents in the eye
    and tell them things are better.
        Mr. Fink. You have my commitment. I have always worked
    cooperatively and collaboratively, support letters from our
    partner that we did with Amtrak up in Maine, when we started
    service, we were a preferred provider for Amtrak. The service
    we ran into Maine was always highly rated.
        So how we did that was getting together and sitting in a
    room and discussing the issues and getting to a solution, so
    the passengers were able to travel, Amtrak was able to run, and
    our freights were able to run, in a safe manner.
        Senator Kim. OK. Thank you. I yield back.
        Senator Moreno. I recognize the Senator from Tennessee.

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

        Senator Blackburn. Thank you, Mr. Chairman. Thank you all.
    Congratulations on your nominations. I know you are ready to
    get today over with and then move forward with the process.
        Mr. Fink, I want to come to you. Memphis. It is one of our
    Nation's logistic hubs. You have got all the railroads. You
    have got FedEx. You have got the river, the Port of Memphis.
    And I have heard so much from people in Memphis who work in the
    logistics arena, people that work with rail, they are very
    concerned about the intermodal railyards in Memphis. I have had
    a couple of businesses actually describe it, saying it looks
    like a war zone because of cargo theft, which is a terrible
    problem. It is an increasing problem with the gangs that are
    there.
        But as Administrator, I would like to know how you are
    going to work with communities like Memphis and how you are
    going to address what is a growing problem nationwide, which is
    cargo theft?
        Mr. Fink. Thank you for the question, Senator. I had not
    heard of the issues in Memphis. I have seen, over the years,
    particularly out in Southern California, where the trains were
    broken into while they were moving. So it is an issue that we
    need to sit down and talk with. I think the security folks from
    the railroads, our folks at FRA, we can sit down and find out
    what is going on and talk with the local communities. You have
    my word that, if confirmed, I will work on that and we will try
    to come up with something.
        Senator Blackburn. Well, it is happening, and I would take
    the opportunity to highlight with you, this is happening, and
    it is a significant problem. And we would like to see some
    attention placed on solving this problem. Not a lot of time for
    talking. Action is past due. So an appropriate, timely
    assessment and action would be appreciated on that.
        Mr. Fink. Yes, Senator.
        Senator Blackburn. Thank you. Mr. Fogel, Tennessee is a
    growing place, and I was just talking about what I call the
    ``Trump bump,'' that certainly our state has seen it. We have
    had, since the November election, 30 corporate announcements,
    companies that are landing their projects in Tennessee, about
    1,900 new jobs, $1.2 billion in capital projects since the
    November election. And about half of that investment is direct
    foreign investment. So it is important to our state that there
    be a participation and an awareness at the Federal level.
        So when you are looking at handling global markets, what I
    would like to know is how are you going to work with states
    like Tennessee as they work to attract more direct foreign
    investment?
        Mr. Fogel. Yes, Senator, thank you for that question. As
    you are alluding to, the Global Markets Division of the
    Department of Commerce does focus on foreign direct investment
    into the United States, primarily through Select USA. In fact,
    their conference is going on right now, and unfortunately I
    can't attend as a citizen. Obviously, I wouldn't go in an
    official capacity because I am here.
        But that is the mission of that team is every day to
    attract foreign direct investment and then help guide foreign
    investors to various states, based on what the investors are
    looking for and what the different states offer. I would be
    happy to work with you about Tennessee, specifically, and learn
    more.
        Senator Blackburn. Well, we have got a great story to tell.
    One area--and Senator Cantwell and I were just chatting about
    this--we have got the American Music Tourism Act, and we are
    trying to get this run through the pipeline. Tennessee had 144
    million visitors last year, and $30.6 billion in direct
    spending in the state, and, of course, music and entertainment
    is an enormous part of that.
        And I would love for you to talk for just a moment how you
    can partner up on the entertainment industry as we look at this
    global marketplace and bringing that tourism to the U.S.?
        Mr. Fogel. Absolutely, Senator. That is a big priority,
    that being tourism, travel and tourism into the United States.
    Global Markets does play a role in that, but separately there
    is an Office of Travel and Tourism that I am sure you are
    familiar with, within the Department of Commerce, and they are
    dedicated to interagency efforts and working with states, et
    cetera, to promote tourism. And I know with the World Cup and
    the Olympics and the events you are talking about in Tennessee,
    there is a lot to do, and it is a big priority of the
    President.
        Senator Blackburn. Sounds good. Thank you.
        Senator Moreno. I recognize the Ranking Member.

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

        Senator Cantwell. Thank you, Mr. Chairman. I understand
    earlier Senator Cruz asked you, Mr. Gentin, about spectrum, so
    I wanted to go back to that if I could. Are you aware that the
    2000 [National] Defense Authorization Act required the
    Secretary of Defense, the Joint Chiefs, the Secretary of
    Commerce to all work together--that is what we were trying to
    do--certify that spectrum auction includes use by DoD. Are you
    aware that no such certification was made by the Trump
    administration, that never happened; nobody worked together?
        Mr. Gentin. I wasn't aware of that, Senator. I am very
    happy to look into that.
        Senator Cantwell. Well, I think the reason I am bringing it
    up is because what happened is then some DoD radar spectrum was
    auctioned and there was a lot of confusion and interference.
    And so we obviously think that in the spectrum world you should
    have the test-bedding of important issues before moving DoD
    spectrum.
        So are you also aware that, I think Senator Cruz mentioned
    relocation fund, but he claimed that these funds enabled users
    to upgrade their capabilities, and that is not true. In fact,
    it only allows Federal users to maintain a comparable.
        I am suggesting a legislation that we had last Congress
    that does give people the ability to upgrade, because I really
    do think that that is important.
        But I just want to make sure that we have the record
    correct, that mission-critical systems were turned off and no
    replacement was provided. So that is a very important
    distinction, I think, in the debate, because I want to make
    sure that this doesn't happen again. We don't want to be in
    this vague area that somehow somebody thinks the law exists to
    protect DoD, when in reality, during the last Trump
    administration, it didn't, and we had some confusion, and we
    don't want to see it again.
        OK, Mr. Fink, I hear five or so of my colleagues asked you
    about main line derailment issues, and you were mentioning that
    you think there were some other statistics there. But we are
    talking about FRA, the Federal Railroad Administration numbers,
    which they say that you had an 850 percent higher than the
    other Class II railroads. Do you dispute the FRA numbers?
        Mr. Fink. Our train accident record, were in the middle of
    my peer group railroad, so I don't know of any 850 percent
    higher for that. I do not know that, and that number makes
    really no sense to me.
        Senator Cantwell. OK. Well, in fact, in every year in the
    decade before you sold Pan Am, the railroad, the main line
    derailment rate was double the average railroad. And the reason
    why the main line is so important is because we are talking
    about East Palestine. We are talking about areas that we think
    are critical for safety.
        Also, do you think that Norfolk Southern's responsibility
    was to clean up the mess?
        Mr. Fink. Absolutely.
        Senator Cantwell. OK. And your company was criminally
    convicted and sentenced for trying to cover up 90,000 gallon
    fuel in Ayer, Massachusetts?
        Mr. Fink. It was 900 gallons.
        Senator Cantwell. Nine hundred gallons. So do you think you
    should have done that without the court decision?
        Mr. Fink. We were cleaning it up. We did not properly
    report it, and we were fined and found guilty, yes.
        Senator Cantwell. So what do you think that we should be
    doing, moving forward, to make sure that we have better
    alignment on product, safety, cleanup, all of these
    responsibilities? What is your----
        Mr. Fink. In that instance, we had an employee that didn't
    follow the procedure that they were supposed to follow. We were
    cleaning it up. We did not report it. We cleaned it up. We were
    found guilty of not reporting, and had a very substantial fine.
        Senator Cantwell. OK. Do you remember what that fine was?
        Mr. Fink. Hundreds of thousands of dollars.
        Senator Cantwell. Do you think that is substantial,
    hundreds of thousands of dollars, given what some of these
    communities, the lives?
        We will do more for the record on this, but I represent a
    very big port state and railroad state. We move a lot of
    product for the United States, and oftentimes it is through
    very treacherous areas, where the response to this can take a
    long time, the Columbia River Gorge, for example.
        So we want to see someone who is going to be aggressive
    about the continued evolution about information, involvement,
    first responders, plans for communities, and responsibilities,
    and certainly for follow up of the legislation that we have
    moved out of this Committee that would have, for very, very
    long trains, the staffing that is required to keep all of us
    safe.
        Thank you, Mr. Chairman.
        Senator Cruz [presiding]. Thank you. Senator Duckworth.

                   STATEMENT OF HON. TAMMY DUCKWORTH,
                       U.S. SENATOR FROM ILLINOIS

        Senator Duckworth. Thank you, Chairman Cruz. Gentlemen, the
    Chicago Hub Improvement Program, or CHIP, is a once-in-a-
    lifetime, once-in-a-generation, transformative project that
    will enhance rail service across the Midwest and across the
    Nation. It will improve service in Minnesota, Wisconsin,
    Michigan, Indiana, and Missouri, not just in Illinois, which is
    why there is bipartisan support for it.
        CHIP is making critical investments in rail infrastructure
    and facilities that will upgrade connectivity, enhance
    accessibility, reduce travel times, improve safety, and support
    good-paying jobs.
        Chicago is Amtrak's busiest station, outside of the
    Northeast region, and more than 50 percent of Amtrak's long-
    distance services travel through Chicago Union Station. And
    trains that begin or end in Chicago Union Station make up more
    than 90 percent of Amtrak services outside the East and West
    Coasts.
        In 2023, the FRA awarded Amtrak nearly $50 million from the
    Federal-State Partnership for Intercity Passenger Rail, to
    improve passenger rail efficiency at Chicago Union Station to
    benefit the National Rail Network.
        Mr. Fink, if you are confirmed, will you commit to working
    with Amtrak to ensure that all of those awarded funds get
    delivered to CHIP without undue delay?
        Mr. Fink. Thank you for the question, Senator. I enjoyed
    sitting and going over many of the issues we talked about
    around Chicago.
        I am not, right now, up to speed on that. I am going to, if
    confirmed, want to get down and hit the ground running and sit
    down and talk about these issues when I get to FRA, if
    confirmed, and we can get to the bottom of the issues that you
    came up with in the meetings I have had.
        Senator Duckworth. If there are no issues, will you ensure
    that all these awarded funds will get delivered without undue
    delay?
        Mr. Fink. If there are no issues, yes.
        Senator Duckworth. All right. Thank you. Furthermore, Mr.
    Fink, Chicago is a national hub for freight rail, in addition
    to passenger rail. One out of every four freight trains in the
    United States passes through Chicago. That is about 500 freight
    trains per day. If you are moving anything via rail from coast
    to coast there is a good chance it will go through Chicago,
    which has more tracks radiating in more directions than any
    other city in North America.
        But bottlenecks in Chicago causes delay in the shipment of
    goods across the country. That is why freight rail companies,
    passenger rail companies like Amtrak, Metra, the State of
    Illinois, and the City of Chicago are partnering on the Chicago
    Region Environmental and Transportation Efficiency Program, or
    CREATE project, which is unclogging the rail network for the
    Nation by building crucial underpasses and overpasses and
    upgrading tracks, switches, and signals.
        The first Trump administration recognized the importance of
    CREATE to our Nation's economy and national security, which is
    why President Trump, in his first term, awarded $132 million to
    the program.
        Mr. Fink, if you are confirmed, will you commit to giving
    full and fair grant consideration for applications for projects
    like CREATE?
        Mr. Fink. Thank you for the question, Senator. If
    confirmed, I will look and work toward making sure that these
    grants that are scored and for Chicago or other places are put
    out. That is one of my goals as FRA Administrator. There are a
    lot of grants. There are a lot of things that haven't gotten
    out. Let's get them out and let's get things built.
        Senator Duckworth. Thank you. Will you also commit that you
    will not delay funding that has been awarded to projects like
    CREATE if there are no extenuating circumstances?
        Mr. Fink. Again, I am not there yet, so when I get there I
    am going to sit down and hopefully, I have heard a lot of these
    grants have been released in the last few weeks. Hopefully, by
    the time I get there, those issues will be behind us and we
    will be working on sending out new programs, if you authorize
    them, for grants in the future.
        Senator Duckworth. Will you commit to making yourself
    available to me to follow up on any of these questions?
        Mr. Fink. Absolutely.
        Senator Duckworth [presiding]. Thank you. And I now
    recognize Senator Markey.

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

        Senator Markey. And I thank you for that recognition. My
    first question is on Digital Equity Act grants. Last week, the
    Department of Commerce terminated grants to states under the
    State Digital Equity Capacity Grant Program. Congress
    specifically authorized and appropriated $1.4 billion in
    formula funds for this program.
        Mr. Gentin, were you involved in any meetings or
    conversations about terminating state digital equity grants?
        Mr. Gentin. I was not, Senator.
        Senator Markey. So let me ask you this then. In your
    opinion as a lawyer, is the decision to cancel, to terminate
    state formula grant awards faithful execution of the law passed
    by Congress?
        Mr. Gentin. Senator, I think Senator Lujan asked me about
    this, as well, and again, I think it is important we can all
    agree, I think, that everyone be able to participate in the
    Internet economy. In my role as a senior advisor at the
    Department of Commerce I have had no role in the digital equity
    issue. I am aware that the President issued a Truth about it,
    but I have not looked into the legal issues associated with
    that program.
        Senator Markey. Well, we passed the Digital Equity Act. We
    directed the Commerce Department to issue formula grants to the
    states, and we appropriated money for it. And now the
    Department is simply ignoring the law.
        I am going to give you a chance, Mr. Gentin, just to
    answer, do you think the terminations of these grants are
    lawful?
        Mr. Gentin. It is something, Senator, that I committed to
    look into if I am honored to be confirmed. I do not have a view
    on that sitting here today.
        Senator Markey. OK. In my opinion, the Administration must
    rescind these termination notices immediately. It is completely
    unlawful what they have done.
        Mr. Fink, I want to turn to a rule issued by the Federal
    Railroad Administration last year, requiring two crew members
    on Class I freight trains. I have long supported this rule, and
    I was proud to work with current Vice President Vance to be
    able to include a similar provision in the Railway Safety Act.
        At his confirmation hearing this year, I asked Secretary
    Duffy, sitting right where you are right now, Mr. Fink, whether
    he would stand by the Federal Railroad Administration's
    regulations. He said yes.
        So Mr. Fink, do you agree with Secretary Duffy's position
    and intend to maintain this regulation?
        Mr. Fink. Yes.
        Senator Markey. You will?
        Mr. Fink. Yes.
        Senator Markey. Thank you. That is much appreciated. And
    now, Mr. Gentin, I want to turn to you. I know it is an issue
    that Senator Peters raised in his opening remarks. Mr. Gentin,
    during your staff interview with Committee staff I understand
    that you were asked whether Joe Biden lawfully won the 2020
    Presidential election. And so I am going to ask you the same
    question. Yes or no, did Joe Biden lawfully win the 2020
    Presidential election?
        Mr. Gentin. Senator, as I expressed to the staff in my
    interview, President Biden was the President for four years, he
    was certified as President, and then President Trump was
    elected and certified. He is our current President.
        Senator Markey. So was Joe Biden lawfully elected as the
    President of the United States? That is what I am asking. Was
    he lawfully elected?
        Mr. Gentin. Again, Senator, what I can say is that he was
    certified and he served as President.
        Senator Markey. In your opinion, was he lawfully elected
    President of the United States? This is not about what
    happened. It is about what you view as the legal status of
    Biden in winning that election. Did he lawfully win the
    election, or not?
        Mr. Gentin. Senator, I am not an investigator of elections.
    My understanding and my belief is that President Biden was
    legally certified as President, and he served as President.
        Senator Markey. I know that. But you're nominated to be the
    General Counsel of the Department of Commerce for the United
    States of America, the top lawyer, and you are a seasoned
    attorney. So this is just a yes-or-no question. Was he legally
    elected as the President of the United States, Joe Biden? And
    your opinion on this is very important as a lawyer, so we can
    understand how you will be looking at legal issues that will be
    presented to you.
        Mr. Gentin. Senator, again, I think I have tried to answer
    the question as best I can. I don't know that it makes a lot of
    sense to litigate the past. My purpose in being here today is
    to present my qualifications to serve as General Counsel of the
    Department of Commerce.
        Senator Markey. Again, I don't know how we can trust you as
    a sound legal voice, pushing back on this Administration's
    lawlessness, when you can't even answer a basic question as to
    whether or not Joe Biden was legally elected. I mean, we are
    four and a half years since that day, and you have had plenty
    of time to reflect upon it, but you are still absolutely
    unwilling to say that Joe Biden was elected. And that,
    unfortunately, is the position which Donald Trump is still
    taking, and that casts a very bad cloud over the electoral
    process in our country. You know, he was the clear winner. To
    the extent to which you are unwilling to say that that is
    absolutely, legally accurate is a very dangerous place for our
    country to be, especially given your legal background and the
    job that you are being asked to take, which is as Chief Counsel
    for the Department of Commerce.
        So we are standing now, awaiting for the arrival of Senator
    Fetterman, and he will be here presently. We have a roll call,
    which is on the floor of the Senate right now, and I will have
    to go over to make that roll call. But we will have, at the
    same time, an ability to have time for recognition for Senator
    Fetterman from Pennsylvania, so that he will be able to ask a
    round of questions of this panel.
        And with that I will recognize Senator Fetterman.

                   STATEMENT OF HON. JOHN FETTERMAN,
                     U.S. SENATOR FROM PENNSYLVANIA

        Senator Fetterman. Hi. Hello. Welcome. Hi, everybody.
        A hundred Amtrak trains run through Pennsylvania every day,
    including maybe 100 feet just away from where I live, in
    Braddock, Pennsylvania, serving almost 7 million total
    passengers in my state. I don't see passenger rail as a
    political issue. I mean, you know, everybody rides it--red,
    blue. This is about getting people where they need to be.
        As a member of this Committee I will always fight to
    support and defend vital Federal service, and I have made very
    clear that I will work with anyone as long as they are willing
    to do that. Since being sworn into the Senate, I have been
    working to expand passenger rail service through and across
    communities across Pennsylvania. One of the projects I am
    pushing and want to expand was passenger rail to Reading,
    Pennsylvania.
        Mr. Gleason, you made clear in your testimony that you
    understand the importance of passenger rail for both big cities
    and small towns in our state of Pennsylvania. Can you commit to
    working with my office and the Schuylkill River Passenger Rail
    Authority to get this service operational by 2029?
        Mr. Gleason. Absolutely. I have talked to those people in
    Reading for years. They are just like Johnstown. We lost our
    trains. We have two trains a day. We need more train service,
    and I appreciate your support for passenger rail, and I
    understand the whole Schuylkill thing needs to be supported.
    Absolutely.
        Senator Fetterman. Does anyone else have anything? We feel
    like sometimes it might feel like it is under siege right now.
    I mean, is that accurate? Do you feel better after the new
    Administration, or like what do you think?
        Mr. Gleason. You mean about passenger rail?
        Senator Fetterman. Yes.
        Mr. Gleason. Yes, I feel good about it. I feel very good
    about it. I think that there seems to be a lot of support
    amongst the Senators and a lot of people I have talked to.
    Younger people want to ride the rail now. The ridership of
    Amtrak is younger, and more and more people are looking forward
    to riding trains. So the support of the Senate is very
    important as we try to expand passenger rail.
        Pennsylvania, outside the Philadelphia area, needs a lot
    more support, so I am looking forward to working with you for
    this support.
        Senator Fetterman. OK. So now let's talk about safety. Over
    two years ago, of course we were aware what happened in East
    Palestine, in Ohio, just very close to our border. My
    colleagues and I immediately got together and wrote the Railway
    Safety Act. The bill made sure tragedies like this don't happen
    again. That was a strong bill, very, very bipartisan. The Vice
    President was one of the leads on it, and President Trump now
    said he supports it. In fact, it might be the only thing that
    Trump, Vance, and Biden, we can all agree on, on many of these
    things.
        But now it is stalled, and I truly don't understand why
    that is the case. I mean, I think we should all be on the same,
    and be rowing in the same direction. I mean, I live 100 feet
    away from an active rail. So I don't know why we want to
    prevent all these kinds of derailments.
        Mr. Fink, can you commit to helping to get this across the
    line, because all of America deserves this? And this has always
    been a very, very bipartisan piece of legislation.
        Mr. Fink. Thank you for the question, Senator. We met with
    your staff last week, and the issues that you talked about with
    Mr. Gleason were also discussed with me. So I heard that and
    look forward to working on those issues.
        As far as legislation, my job is the person that executes
    the laws that you pass. I am the FRA Administrator. If you pass
    the law, we are going to make sure that those laws are properly
    carried out. That is what I am looking forward to. Right now I
    am waiting for folks to talk to me about the specific
    legislation, talking with FRA safety people. Once you pass it,
    we will enforce it.
        Senator Fetterman. Yes. I mean, I think we should all
    agree. And I ask even my friends on both sides, like, we are
    not really sure why we still don't have that passed. But
    regardless, thank you all for your time.
        [Pause.]
        Senator Fetterman. Mr. Fink, Mr. Fogel, Mr. Gentin, and Mr.
    Gleason, my final question is required of all nominees. If
    confirmed, do you pledge to work collaboratively with the
    Committee to provide thorough, timely responses to the
    Committee's requests and to appear before the Committee, when
    requested?
        Mr. Fink. Yes, Senator.
        Mr. Fogel. Yes, Senator.
        Mr. Gentin. Yes, sir.
        Mr. Gleason. Yes.
        Senator Fetterman. All right. Thank you. I have letters of
    support from various organizations for Mr. Fink's and Mr.
    Gentin's nominations that I ask unanimous consent to be
    inserted into the hearing record.
        Without objection, so ordered.
        [The information referred to follows:]

        [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Fetterman. Senators will have until close of
    business on Thursday, May 15, to submit questions for the
    record. The nominees will have until close of business on May
    19 to respond to all of those questions.
        That concludes today's hearing. The Committee stands
    adjourned.
        [Whereupon, at 11:59 a.m., the hearing was adjourned.]

                                A P P E N D I X

         Response to Written Questions Submitted by Hon. John Thune to
                                   David Fink
        Question 1. South Dakota relies on short line railroads to
    transport agricultural products and other goods to market. Do you agree
    short line railroads are critical to our Nation's freight corridors,
    and if confirmed, how will you ensure short line railroads can continue
    to provide the crucial services that benefit the national
    transportation system?
        Answer. Yes. Short lines are the arms and the legs of the freight
    rail system, and they play a critical role in moving freight across our
    rail network. I am familiar with the CRISI program from my time with
    Pan Am Railways. It is a great tool that Congress has given FRA to
    support short line railroads.

        Question 2. Unfortunately, transportation infrastructure
    investments--especially in rural areas--have been curtailed by
    burdensome regulatory requirements put in place over the past four
    years. Short line freight railroads in South Dakota and across the
    country are critical to moving goods and services in domestic and
    global markets. Burdensome regulatory requirements slow their ability
    to operate efficiently. How will you work to ensure that the FRA
    prioritizes reducing regulatory and administrative burdens?
        Answer. Safety is my number one priority. If confirmed, I also look
    forward to streamlining and refreshing our regulatory regime. It's
    important that we maintain rigorous safety standards, while supporting
    short line rail growth and efficiency.
                                     ______

         Response to Written Question Submitted by Hon. Jerry Moran to
                                   David Fink
        Question. The CRISI Program is an incredibly important tool for
    improving rail infrastructure, particularly for short line railroads
    that still face the burden of past deferred maintenance. The CRISI
    Program also funds locomotive projects that ``significantly reduce
    emissions.'' FRA has awarded several innovative projects that upgrade
    locomotives to use newer diesel engines or to run on battery power.
    Since so many small and rural customers can only be served by four-axle
    locomotives and there is a finite supply of four-axle switchers, these
    projects are an important tool for railroads to upgrade and extend the
    life of their four-axle fleets.
        If confirmed, will you commit to reviewing locomotive CRISI
    awards--now currently under review by the FRA--based on the merit of
    the business decisions involved and without regard to any outside
    pressures to consider the chosen technology favorably or unfavorably?
        Answer. If confirmed, I look forward to learning more about these
    projects and working with you and your team. I agree that it is
    important that short lines have the tools to maintain safety, implement
    technology, and grow business.
                                     ______

        Response to Written Questions Submitted by Hon. Dan Sullivan to
                                   David Fink
        As a former railroad executive, no doubt you are aware of rail
    safety projects being needlessly delayed due to required sign-offs by
    state historic preservation officers (SHPOs) during the NEPA process.
    Delays in bridge rehabilitation and other essential rail safety
    projects have been a particular problem for the Alaska Railroad.
        In the 2015 FAST Act, Congress passed a requirement to give
    railroads the same streamlining protection as Congress earlier passed
    for the Interstate Highway System. Specifically, individual elements
    such as historic train stations and bridges can be given special
    protection, but an entire railroad (like the law for the Interstate
    Highway System) cannot be treated as a gigantic ``historic district.''
        However, the 2015 streamlining provision for railroads has not been
    properly implemented to the same extent as the provision for the
    Interstate Highway System, so the same problems of needless delays
    continue 10 years late after Congress thought it solved the problem.

        Question 1. If confirmed, will you pledge to do all you can as FRA
    Administrator to make the SHPO process less cumbersome for FRA rail
    safety grants to railroads?
        Answer. Yes.

        Question 2. Further, if you find that the Federal law passed in
    2015 is inadequate, will you recommend changes to improve it?
        Answer. Yes.
                                     ______

       Response to Written Questions Submitted by Hon. Maria Cantwell to
                                   David Fink
        Poor safety record running Pan Am Railways. Mr. Fink, your former
    company, Pan Am Railways, had a mainline track derailment rate that
    exceeded your peers nearly every year. In fact, the mainline derailment
    rate was nine times the national average in 2021, when you were in
    charge of the railway. As you know, mainline track derailments
    generally pose the greatest risk to the community, as we saw in East
    Palestine in 2023.
        As part of a 2022 Federal Railroad Administration (FRA) safety
    audit, the Chief Safety Officer found, quote, ``significant safety
    issues are not receiving the serious and thoughtful consideration by
    railroad leadership that Pan Am's employees, and the public, deserve.''
        It's not just safety concerns themselves--it's how your company
    handled them. In 2014, an Administrative Law Judge (ALJ) found Pan Am
    Railways had a ``culture of intimidating employees'' who reported
    injuries. In fact, the ALJ found, ``99 percent of injuries at Pan Am
    that were reportable to the FRA triggered formal charges'' against the
    injured employee.

        Question 1. Why should we trust you to ensure the safety of the
    Nation's railroads when the FRA found your own railroad had
    ``significant safety issues'' which you failed to give ``serious and
    thoughtful consideration'' to addressing?
        Answer. I believe FRA's number one mission is safety, and it was
    also my number one focus when I ran Pan Am Railways. During my tenure,
    we were at the forefront of short line safety culture assessments,
    piloting the process with two voluntary assessments through the Short
    Line Safety Institute, one in 2015 and another in 2018.
        I also believe when you look at Pan Am's safety record and the
    data, including in the two charts below, you can see our dedication to
    safety and our safety record was as good or better than the railroads
    we connected with and/or hosted \1\.
    ---------------------------------------------------------------------------
        \1\ Railroads in the chart are: New England Central Railroad
    (NECR); CSX; Guilford Railroad System also known as Pan Am Railways
    (GRS); Norfolk Southern (NS); Florida East Coast Railway (FEC);
    Massachusetts Bay Transportation Authority (MBTA); New York,
    Susquehanna & Western Railway (NYSW); Amtrak (ATK); Massachusetts
    Coastal Railroad (MCRL); Providence and Worcester Railroad (PW); and
    Housatonic Railroad (HRRC).

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        If confirmed, I will continue to put safety first, follow the data,
    ---------------------------------------------------------------------------
    and work collaboratively to make a very safe industry even safer.

        Question 2. Do you respect the FRA's findings about Pan Am
    Railway's safety failings?
        Answer. I respect the work of the FRA and FRA's safety experts.

        Question 3. Do you believe it is ever acceptable to retaliate
    against a worker for reporting an injury on the job?
        Answer. No.

        Question 4. How do you explain the ALJ's findings about Pan Am
    Railway's ``culture of intimidating employees''?
        Answer. I recognize that our industry, including Pan Am Railways,
    was slow to adjust to FRA and OSHA rule and process changes regarding
    incident investigations. We made mistakes, learned from them, and
    strived for continuous improvement in our safety record and culture.

        Question 5. Do you think the ALJ was wrong?
        Answer. My experience and recollection over the course of my time
    leading Pan Am Railways does not align with the ALJ's findings in 2014.

        Question 6. Do you dispute the ALJ's 2014 finding that ``When there
    is a reportable injury at Pan Am, 99 percent of the time formal charges
    are brought against the injured employee''?
        Answer. I recognize that our industry, including Pan Am Railways,
    was slow to adjust to FRA and OSHA rule and process changes regarding
    incident investigations. We made mistakes, learned from them, and
    strived for continuous improvement in our safety record and culture.

        Question 7. Do you dispute the ALJ's 2014 finding that Pan Am
    Railway's charges of dishonesty against the injured employee
    constituted ``unlawful retaliation''?
        Answer. I accept the findings of the ALJ.

        Railway Safety Act. Mr. Fink, the Railway Safety Act would have set
    new safety requirements for advanced technologies that could have
    prevented the East Palestine derailment.
        Vice President Vance helped write this bill when he was on the
    Commerce Committee, and President Trump endorsed the bill on May 8,
    2023.

        Question 1. As the President's pick to be the leader on rail
    safety, do you support the Railway Safety Act? If not, please explain
    why not.
        Answer. Rail safety is FRA's primary mission. If confirmed, I will
    implement any legislation passed by Congress and signed into law by
    President Trump that is under FRA's jurisdiction.

        Pan Am's criminal record of environmental safety violations. Mr.
    Fink, I asked you at the hearing about your company, Pan Am, being
    convicted in 2009 for failing to report a hazardous material spill to
    the Massachusetts Department of Environmental Protection. Investigators
    discovered that Pan Am employees had paved over a 900-gallon diesel oil
    spill in their rail yard in Ayer, Massachusetts, instead of reporting
    the spill immediately. Without the anonymous caller who reported this
    spill, it may have never come to public light at all.

        Question 1. Are you aware of any other hazardous material spills
    that Pan Am did not report to authorities as legally required?
        Answer. Yes, please refer to listed consent agreements in my
    questionnaire addendum submitted to the Committee.

        Question 2. Are you aware of any other hazardous material spills
    that Pan Am employees tried to pave over or otherwise illegally cover
    up?
        Answer. No.

        Department of Transportation (DOT) Inspector General report on
    improving FRA's inspection and oversight of worker protection
    regulations. On May 14, 2025, the DOT's Office of Inspector General
    released a report, ``FRA Needs to Improve Its Inspection and Data
    Collection Processes to Effectively Oversee Compliance with the Roadway
    Worker Protection Regulation,'' that made 13 recommendations. FRA
    concurred with all 13 recommendations.

        Question 1. If confirmed, will you commit to ensuring FRA
    implements the Inspector General's 13 recommendations to improve worker
    protection?
        Answer. If confirmed, I will work with our safety experts to take
    appropriate action to ensure the safety of all rail employees and those
    who come in contact with our Nation's rail network.
                                     ______

        Response to Written Questions Submitted by Hon. Gary Peters to
                                   David Fink
        Question 1. I mentioned in my opening remarks Michigan Central
    Station and efforts to expand and improve passenger rail service across
    Michigan's three passenger lines. The Bipartisan Infrastructure Law's
    Corridor ID Program has been integral to our state doing the ridership
    analysis they need to support future expansion. But Corridor ID grants
    don't mean much if we don't follow them up with investment.

        a. If confirmed, do you commit to ensuring that Amtrak sees the
    additional funding and support it needs to follow up on Corridor ID
    work to expand passenger rail where appropriate--including in Michigan?
        Answer. If confirmed, I will oversee the implementation of
    authorized programs and appropriated funds under FRA's jurisdiction, in
    accordance with law. I look forward to learning more about the Corridor
    ID program, funding needs, and Michigan's vision.

        b. Do you think cuts and additional barriers to Amtrak's expansion
    will harm the ability to serve more folks in the Midwest?
        Answer. I support Amtrak's national network and, if confirmed, I
    look forward to ensuring that funding for Amtrak is being used
    effectively to serve Americans across the country, including in the
    Midwest.

        Question 2. Mr. Fink, in your time running a Class II railroad, you
    were required to work with F-R-A and Amtrak to host passenger service
    on your line. The main driver of Amtrak delays in 2023 was freight rail
    train interference--meaning companies are not living up to their
    statutory duty to ensure on-time passenger service.

        a. Do you agree that freight rail operations are a main driver of
    lack of on-time performance?
        Answer. During my time at Pan Am Railways, we hosted 12 Amtrak
    trains a day. I understand the difficulties of running passenger and
    freight on the same line. It was not easy at the beginning, but I
    worked closely with the state-sponsor for the route, Northern New
    England Passenger Rail Authority (NNEPRA), on agreements and to
    identify targeted investments that allowed us to become a preferred
    Amtrak host.

        b. If confirmed, do you commit to taking a firm stance on on-time
    Amtrak performance, including by holding railroad operators to account?
        Answer. I commit to working collaboratively with all necessary
    stakeholders--including you and your staff, as appropriate--to improve
    Amtrak on-time performance.

        Question 3. Mr. Fink, you have referenced your support for safety
    at FRA. Would you support increasing the number of safety inspectors at
    FRA to expand inspection capacity?
        Answer. Safety inspectors are vital because rail safety is FRA's
    primary mission. I would not support reducing the number of safety
    inspectors. If confirmed, I will prioritize looking into this, making
    sure we have the right number of safety inspectors, and that they have
    the tools to get the job done.

        Question 4. Mr. Fink, you have discussed your desire to work on
    blocked and unsafe railroad crossings. I agree this is a huge issue
    impacting communities--in my state from Manistee to Romulus, Michigan.
    That's why we created the Railroad Crossing Elimination Grant Program
    in the Bipartisan Infrastructure Law. It's important that a program
    specific to this problem exists, since it was getting overlooked as an
    eligible use of other programs like CRISI. If confirmed, will you
    commit to supporting the continuation of a separate funding stream for
    the Railroad Crossing Elimination Grant Program so we can tackle this
    issue directly?
        Answer. Blocked crossings are a priority for me and the Secretary
    of Transportation. I have heard very positive things about the Railroad
    Crossing Elimination grant program. If confirmed, I will ensure that
    enacted legislation, including the existing authorization and funding
    for the Railroad Crossing Elimination program, is implemented in
    accordance with law.

        Question 5. Will you continue FRA's work with Amtrak and
    interagency partners as necessary to establish cross-border Amtrak
    service from Detroit to Windsor via Michigan Central Station?
        Answer. If confirmed, yes.
                                     ______

        Response to Written Question Submitted by Hon. Tammy Baldwin to
                                   David Fink
        Question. Track defects are one of the top causes of train
    derailments. Federal safety regulations currently require railroads to
    inspect their railroad track twice a week for 27 types of track
    defects, including broken rails, rotten ties, drainage issues including
    where the roadbed has washed away, and track geometry flaws.
        The railroads are actively seeking to reduce visual track
    inspections by upwards of 75 percent to twice a month and instead rely
    solely on a technology that's been around since the 1970s called Track
    Geometry Measurement Systems, also known as Automated Track Inspection
    (ATI). ATI can only detect track geometry flaws and thus can only
    inspect for 26 percent of the track defects that a human track
    inspection does. It cannot fully replace human track inspectors.
        Mr. Fink, will you commit to protecting the current level of visual
    track inspections and deny any railroad waivers seeking to reduce those
    visual inspections?
        Answer. If confirmed, I commit to ensure we have appropriate
    Federal oversight of track inspections to keep our railroads safe.
                                     ______

        Response to Written Questions Submitted by Hon. Jacky Rosen to
                                   David Fink
        The FRA's Railroad Crossing Elimination Grant Program and the
    FHWA's Section 130 programs are critical funding streams that allow
    communities to tackle grade crossing safety challenges, whether through
    rail crossing closures or the installation of safety devices. The
    Nevada Department of Transportation partnered with the Union Pacific
    Railroad to successfully streamline and improve project implementation
    and approval process for Section 130 projects, which has led to
    improved safety at rail crossings in our state.

        Question 1. Mr. Fink, if confirmed, would you continue to support
    these critical programs and ensure any funding Congress appropriates
    for them is quickly and efficiently distributed, in line with the law?
        Answer. From my time with Pan Am Railways, I understand the
    importance of the Section 130 program; however, if confirmed as
    Administrator of the FRA, I will not have jurisdiction over this
    program. I have heard very positive things about the Railroad Crossing
    Elimination grant program. If confirmed, I will ensure that enacted
    legislation, including the existing authorization and funding for the
    Railroad Crossing Elimination program, is implemented in accordance
    with law.
        Nevada is the Nation's leader in tourism and hospitality service, a
    sector that heavily relies on freight trains to bring in goods from
    out-of-state and from ports to support the industry. The Interstate 15
    corridor, which runs from California to Nevada, is heavily crowded on a
    regular basis, leading to slower speeds and longer traveling times.
    This makes it difficult for trucks to move along the interstate
    efficiently, making reliable freight rail service along the corridor
    all the more important.

        Question 2. Mr. Fink, if confirmed, how do you plan to support a
    more reliable freight rail system that moves goods quickly and
    efficiently to states that rely on imports like Nevada, but still
    promotes safety as its core priority?
        Answer. Our country's freight rail system is the envy of the world.
    I intend to continue the trend of safety improvements we've seen
    throughout history. A safe railroad is a reliable railroad, and, with
    balanced regulation and the use of proven safety technology, we can
    ensure both safety and efficiency are achieved.
        I am so proud that one of the highest profile rail projects in the
    country is headquartered in my home state of Nevada. Brightline West
    received a $3 billion grant from the Federal-State Partnership for
    Intercity Passenger Rail program. Secretary Duffy has publicly singled
    out this project and mentioned that Brightline West has his support.
    Nevada DOT is the grant recipient and Brightline West is building and
    will operate the system. It is a great public-private partnership.

        Question 3. Mr. Fink, I would like to understand your views on how
    Brightline is changing the way we think of implementing passenger rail
    projects and your commitment to making sure that any FRA approvals are
    made a top priority to keep Brightline West on schedule, and how you
    plan to work with stakeholders to ensure any implementation issues are
    addressed.
        Answer. Brightline West is an innovative public-private partnership
    using an existing transportation corridor. Brightline has a proven
    track record with their service in Florida, and I look forward to
    learning more about this exciting high-speed rail project, if
    confirmed.
                                     ______

       Response to Written Questions Submitted by Hon. Ben Ray Lujan to
                                   David Fink
        Question 1. Under your leadership, the railroad you ran was found
    to have ``critical safety concerns,'' a culture of retaliation, high
    accident rates, and extremely poor track conditions, which increased
    the risk of derailments. The FRA, the agency you are nominated to lead,
    attributed these to ``failure of PanAm's leadership.'' What makes you
    qualified to hold other companies accountable to standards that your
    company could not meet?
        Answer. I believe FRA's number one mission is safety, it was also
    my number one focus when I ran Pan Am Railways. During my tenure, we
    were at the forefront of short line safety culture assessments,
    piloting the process with two voluntary assessments through the Short
    Line Safety Institute, one in 2015 and another in 2018.
        I also believe when you look at Pan Am's safety record and the
    data, including in the two charts below, you can see our dedication to
    safety and our safety record was as good or better than the railroads
    we connected with and/or hosted \2\.
    ---------------------------------------------------------------------------
        \2\ Railroads in the chart are: New England Central Railroad
    (NECR); CSX; Guilford Railroad System also known as Pan Am Railways
    (GRS); Norfolk Southern (NS); Florida East Coast Railway (FEC);
    Massachusetts Bay Transportation Authority (MBTA); New York,
    Susquehanna & Western Railway (NYSW); Amtrak (ATK); Massachusetts
    Coastal Railroad (MCRL); Providence and Worcester Railroad (PW); and
    Housatonic Railroad (HRRC).
    ---------------------------------------------------------------------------
        If confirmed, I will continue to put safety first, follow the data,
    and work collaboratively to make a very safe industry even safer.

        Question 2. Did Joe Biden lawfully win the 2020 presidential
    election?
        Answer. Joe Biden was the certified winner of the 2020 presidential
    election.

        Question 3. Did Donald Trump lawfully win the 2024 presidential
    election?
        Answer. Donald Trump was the certified winner of the 2024
    presidential election.
                                     ______

    Response to Written Questions Submitted by Hon. Lisa Blunt Rochester to

                                   David Fink
        Question 1. As President of Pan Am Railways, you helped facilitate
    the expansion of Amtrak's Downeaster service, which received $38
    million in Federal grants and improved Pan Am-owned tracks. Do you
    agree that federally backed passenger rail expansions are mutually
    beneficial to passenger railroads, freight railroads, and their
    surrounding communities? Please detail any benefits.
        Answer. Yes, with appropriate infrastructure investments determined
    in collaboration with host railroads, like those carried out on Pan Am
    Railways as part of hosting 12 Amtrak trains per day sponsored by the
    Northern New England Passenger Rail Authority (NNEPRA), I agree that
    passenger rail expansion can be mutually beneficial.

        Question 2. Delaware received a Corridor ID grant in December 2023
    to work towards implementing a service similar to Amtrak's Downeaster.
    Will you commit to working with me to do everything possible to ensure
    we restore rail access to Southern Delaware?
        Answer. If confirmed, I look forward to learning more about this
    project and working with you.

        Question 3. In October 2024, the University of Delaware received a
    CRISI grant to create a program to educate the next generation of
    railroad technical professionals using the HTL track at the
    Transportation Technology Center. Will you uphold and expand on FRA's
    previous commitments to rail workforce development programs led by
    universities?
        Answer. If confirmed, I look forward to learning more about this
    project and efforts to train the next generation of railroad workers.

        Question 4. As you know, the American rail industry is a symbol of
    American ingenuity that successfully connected our coasts. Across the
    globe, China has been leveraging its high-speed rail investments to
    build influence and forge strategic partnerships, from Southeast Asia
    to Europe, with its Belt and Road Initiative (BRI). I believe that we
    should use our rail industry as a beacon of connectivity to counter
    China's BRI. Our rail industry should be the ``iPhone'' for rails
    across the world. But we can't do that without investment. And the fact
    is, before the historic funding levels of the Bipartisan Infrastructure
    Law, this Congress failed to adequately invest in the rail
    transformation we so desperately need to match our competition across
    the globe.
        Do you support the historic funding levels and advanced
    appropriations included in the last surface reauthorization for
    freight, Amtrak, and passenger rail, so that we can counter China's
    BRI?
        Answer. I want to make sure our freight rail network remains the
    envy of the world and ensure that our intercity passenger rail services
    are safe, reliable, and efficient.

        Question 5. Will you advocate to the President to maintain these
    funding levels in his budget request to Congress?
        Answer. If confirmed, I will dive into the numbers to better assess
    current funding levels and needs of the freight and passenger rail
    industry.
                                     ______

        Response to Written Questions Submitted by Hon. Dan Sullivan to
                                  David Fogel
        I cannot stress enough that Alaska is the superpower of seafood,
    supporting 1.6 million jobs and providing 10 billion meals each year.
    However, we still have critical issues affecting the stability of our
    seafood trade. We are being taken advantage of in the global market.
    Russia and China are employing unfair trade practices and predatory
    pricing to cheat the markets and undercut our hardworking American
    fishermen.
        America can compete--and win--if we are given a fair chance in the
    markets. For that, we need reciprocity in our trade deals with China
    and Russia. And we need enforcement. We need you to hold these
    countries to their word, particularly China. During President Trump's
    first term, we worked with them to strike a pretty decent deal. Under
    Phase One of that agreement, China was supposed to purchase $80 billion
    of American agriculture, and it was a priority for us for that to
    include seafood.
        These numbers were aimed to be above a 2017 baseline of purchases,
    but China continues to operate well below even that baseline--including
    44 percent below the year after the agreement was signed. But guess
    what, they haven't. We need you to get China to hold up their end of
    the agreement, and I promise you, Mr. Fogel, that our fishermen will
    return to being the seafood powerhouse that they can be. There is a
    reason that the National Marine Fisheries Service is within the
    Department of Commerce, and in recent years we have been forgotten in
    the trade space.

        Question 1. I would even encourage you to work with Ambassador
    Greer at USTR on opening a Section 301 unfair trade investigation on
    Russia and China with regard to seafood, which was in the President's
    recent Seafood Executive Order. I am confident that you all would
    uncover plenty of ways they are cheating the markets and it will give
    you the leverage you need to impose meaningful sanctions. Will you
    prioritize fisheries when you are thinking about trade deals?
        Answer. If confirmed, I look forward to working with you to ensure
    that America's critical industries are competitive.
        Mr. Fogel, I know we have not had a chance to meet yet one-on-one
    yet, but I want to bring up the current reciprocal ban on Russian
    Seafood. I have talked with Secretary Lutnick and just about every
    other Cabinet Secretary about this. It is the easiest first step you
    can take in advancing the President's Executive Order on Restoring
    American Seafood Competitiveness.
        Russia has banned U.S. seafood from its markets since 2014.
    However, for many years, Russia was not subject to any special import
    duties in the U.S. Meanwhile, Russia has drastically increased seafood
    production since 2022 and is openly working to flood both U.S. and
    global markets with cheap seafood to push out U.S. product.
        All the while, our hardworking fishermen could not export a single
    fish to Russia. For nearly 10 years we allowed them to do this and for
    years, I advocated to address this asymmetrical and very unfair trade
    relationship. I was finally successful in getting the last
    Administration to roll out a couple of executive orders to put a stop
    to this and restore reciprocity. If we can't enter the Russian market,
    they shouldn't be able to flood ours, too.
        EO 14068 in 2022 banned imports of Russian seafood. However, Russia
    began laundering their seafood through China to circumvent the ban. EO
    14114 in 2023 closed this loophole and made it abundantly clear than
    any seafood harvested in Russia is banned from import into the U.S.--
    even if it goes through processing in another country.
        We are finally beginning to see this ban have effects on the
    market. American importers are beginning to buy Alaskan ``Freedom
    Fish'' instead of Russian ``Communist Fish'' and prices are beginning
    to stabilize for our fishermen. There has been a lot of concern with
    ongoing negotiations over Ukraine that this ban could be lifted as part
    of a peace agreement. However, I want to be very clear that this is
    about fair trade and reciprocity--not the war in Ukraine.

        Question 2. Mr. Fogel, will you commit to keeping these reciprocal
    executive orders--EO 14068 and EO 14114--in place? They are critical to
    keeping our seafood trade fair.
        Answer. If confirmed, I look forward to working with you to ensure
    that America's critical industries are competitive.
                                     ______

       Response to Written Questions Submitted by Hon. Maria Cantwell to
                                  David Fogel
        CHIPS and Science Act. At our last confirmation hearing, I was
    pleased to see Mr. Paul Dabbar, nominee to serve as Deputy Secretary of
    Commerce, reaffirm his support for the CHIPS and Science Act, which I
    believe it essential to U.S. national security and economic leadership.
        Mr. Fogel, you have also voiced support for the CHIPS Act in the
    past, writing in an April 2023 piece for the Atlantic Council, ``The
    actions taken to cut off China's external supply chain for
    semiconductors, combined with the attempt to bolster U.S. semiconductor
    manufacturing under the CHIPS Act, represents the complex nature of how
    best to combat China.''

        Question 1. Mr. Fogel, why do you believe the CHIPS and Science Act
    is so important to these efforts?
        Answer. I agree with President Trump and Secretary Lutnick that the
    semiconductor industry is essential to our national and economic
    security as well as our technological competitiveness.

        Question 2. Yes or no: Do you oppose getting rid of the CHIPS Act?
    If not, please explain.
        Answer. If confirmed, I will support the efforts of President Trump
    and Secretary Lutnick to ensure America's technological
    competitiveness.

        Tariffs. Mr. Fogel, the Trump Administration's start-and-stop
    approach to tariffs is giving American families and businesses economic
    whiplash. American companies--especially small-and-mid sized
    businesses--need certainty and predictability in order to survive and
    thrive.
        During your Senate Banking hearing, you made clear that you support
    this Administration's tariffs agenda. But you acknowledged that even in
    the best-case scenario, it will, quote, ``take time'' for U.S.
    companies to adjust.
        Mr. Fogel, let me tell you: American small businesses don't have
    the luxury of ``time.''

        Question 1. Mr. Fogel, as someone who supports this
    Administration's tariffs agenda, how much ``time'' are you willing to
    force American businesses to endure before there is certainty around
    these misguided tariffs?
        Answer. If confirmed, I will support the efforts of President Trump
    and Secretary Lutnick to rebalance our trading relationships.

        Question 2. Do you acknowledge that this Administration's current
    tariffs agenda risks undermining U.S. exports and the ability for U.S.
    firms to access foreign markets, which you would be tasked with
    promoting if confirmed?
        Answer. If confirmed, I will support the efforts of President Trump
    and Secretary Lutnick to ensure America's competitiveness.

        Question 3. Do you agree that retaliatory tariffs on American
    goods--which countries have already threatened--would make your job
    harder? If no, please explain.
        Answer. See above.

        Question 4. Senator Grassley and I recently introduced the Trade
    Review Act of 2025, a bill that would reassert Congress's
    constitutional control over tariffs. This bill would require
    Congressional approval for tariffs and help dial back Trump's
    unilateral trade war. Do you support this bill?
        Answer. I believe President Trump and Secretary Lutnick have done a
    remarkable job of highlighting the staggering trade deficit and
    insidious non-tariff trade barriers we have with the rest of the world.
    If confirmed, I look forward to working with Congress on efforts to
    help combat decades of unfair trade practices that have harmed American
    workers and businesses.

        Question 5. As a lawyer, do you agree that Congress has
    constitutional authority over trade policy, including tariffs?
        Answer. If confirmed, I look forward to working with Congress,
    including on potential legislation and efforts to help combat decades
    of unfair trade practices that have harmed American workers and
    businesses.

        Question 6. Are you aware of whether the Administration intends to
    use tariffs primarily as a revenue generating tool or for leverage as a
    negotiating tool? If yes, please detail your basis for this
    understanding.
        Answer. The Administration has made clear that tariffs imposed by
    President Trump serve multiple strategic purposes, including protecting
    our national and economic security, combatting large and persistent
    trade deficits that have harmed American workers, businesses, and
    communities, and supporting negotiations for more fair and reciprocal
    trade agreements. This strategy has already shown clear results.

        Question 7. Even Secretary Lutnick has acknowledged that tariffs
    will cause prices to increase for consumers. Given that, do you think
    retailers should be required to disclose the portion of their list
    prices reflecting the additional cost from tariffs?
        Answer. If confirmed, I look forward to advising the Secretary on
    matters within my portfolio.

        Secretary Lutnick's Statements regarding Elon Musk. Mr. Fogel,
    serious concerns have been raised regarding Secretary Lutnick's
    compliance with Federal ethics laws. On March 19, 2025, Secretary
    Lutnick went on national television and urged Americans to ``buy
    Tesla'' stock and said anyone who doesn't buy a Tesla robot ``is going
    to be silly.''
        As I'm sure you know from your prior Federal service, Federal
    ethics rules generally prohibit Federal officials from using their
    public office to endorse any product or service.

        Question 1. Yes or no: If confirmed, will you pledge not to
    publicly call for Americans to buy stock in any of Elon Musk's
    companies? If not, why not?
        Answer. I will follow all ethics laws and regulations.

        Question 2. Yes or no: If confirmed, will you commit not to favor
    Elon Musk's companies or products while you promote U.S. trade
    internationally?
        Answer. I will follow all ethics laws and regulations.

        Question 3. Yes or no: Will you commit to fully complying with all
    Federal ethics rules?
        Answer. Yes.
                                     ______

        Response to Written Questions Submitted by Hon. Gary Peters to
                                  David Fogel
        Question 1. If confirmed, you will play a key role at the
    Department of Commerce crafting trade agreements with foreign
    governments to ensure our Nation's economic and national security. From
    polysilicon for solar panels to finished steel products to dried tart
    cherries, I've heard from stakeholders in my state that have been
    severely disadvantaged due to unfair dumping and countervailing
    practices by Chinese companies. My fear is that given this President's
    desire to continue to push this chaotic tariff strategy--coupled with
    the Administration's efforts to reduce the Federal workforce--the
    enforcement mission of agencies like the I-T-A will be decimated and
    overlooked. Yes or No--if confirmed:
        a. Do you commit to carrying out investigations and imposing duties
    in a fair and transparent manner?
        Answer. If confirmed, I look forward to advising the Secretary on
    matters within my portfolio.

        b. Do you commit to working with members of this committee,
    including myself, on trade issues raised by our domestic companies?
        Answer. If confirmed, I look forward to working with Congress on
    efforts to help combat decades of unfair trade practices that have
    harmed American workers and businesses.

        Question 2. President Trump's tariffs have rattled trade
    relationships with our allies and partners like Canada and others.
    These allies and partners have historically worked with us to counter
    unfair Chinese trade practices. This will be especially important as it
    relates to Chinese electric and other vehicles, which are flooding
    other major markets at artificially low prices.

        a. Do you agree that we must maintain tariff and non-tariff trade
    barriers against Chinese connected and electric automobiles?
        Answer. If confirmed, I will support the efforts of President Trump
    and Secretary Lutnick to ensure America's competitiveness.

        b. Do you believe we must cooperate with partners and allies to
    counter China's quest for dominance in the automotive and other key
    manufacturing industries and what actions would you take in your role
    to ensure that occurs despite Trump's current tariff disputes?
        Answer. If confirmed, I will support the efforts of President Trump
    and Secretary Lutnick to ensure America's competitiveness.
                                     ______

       Response to Written Questions Submitted by Hon. Ben Ray Lujan to
                                  David Fogel
        Question 1. A small business in New Mexico wrote to my office and
    said, ``We serve a worldwide market. Globalized businesses like ours
    create a large trade surplus for the United States and New Mexico.
    While we spend hundreds of thousands of dollars in China each year, we
    bring in millions to the U.S. from Asia, Europe, Japan, and Canada.
    These tariffs will force us to raise our prices significantly and are
    likely to put us out of business.'' How is the U.S. Commercial Service
    going to help New Mexican small businesses export their goods and
    services abroad, especially when their bottom line is harmed by
    retaliatory tariffs and tariffs on component goods?
        Answer. The U.S. Commercial Service plays an important role in
    helping all American businesses--including those in New Mexico--
    navigate foreign markets, identify opportunities, and overcome trade
    barriers. If confirmed, I will assess the Commercial Service's ability
    to meet these goals and will look to continue and improve its efforts
    to support American exporters and workers.
        Helping businesses diversify export destinations, understand market
    conditions, and access Federal resources can strengthen the global
    competitiveness of exporters and ensure that more communities benefit
    from expanded trade opportunities.

        Question 2. Did Joe Biden lawfully win the 2020 presidential
    election?
        Answer. President Biden was sworn in as President on January 20,
    2021.

        Question 3. Did Donald Trump lawfully win the 2024 presidential
    election?
        Answer. President Trump was sworn in as President on January 20,
    2025.
                                     ______

        Response to Written Question Submitted by Hon. Dan Sullivan to
                                 Pierre Gentin
        Mr. Gentin, you may have seen or heard last week some of my
    frustration about making sure that NOAA gets the staff and funding that
    it needs to do fisheries surveys. I was glad to see that the Secretary
    did get the contract for the Oscar Dyson signed, and I very much
    appreciate that.
        However, I want to take this opportunity to ensure that you, too,
    are aware of how important some of NOAA's basic functions are to
    support Alaska's fishermen. NOAA needs to complete fisheries surveys so
    that we have a robust view of our stocks so that we can fish
    sustainably. Without timely surveys, it shortens our fishing seasons
    and people's ability to make a living.
        It is not as simple as just jumping on a boat and doing these
    surveys. Particularly in Alaska, the weather only cooperates for a
    small window of time each year and contracts and staff have to be in
    place on time, or you miss the whole season.
        I really appreciate the Secretary and this administration's efforts
    to make sure we are being fiscally responsible, but I do want to stress
    the importance of timing to kick these surveys off.

        Question 1. Mr. Gentin, I'm glad you'll be helping the Secretary
    accomplish his very important work. Can you commit to staying on top of
    all of the various minutiae of logistics necessary for NMFS to do
    fishery surveys?
        Answer. I appreciate the importance of NOAA fisheries to Alaskans.
    If confirmed, I will work diligently with the Secretary to ensure NMFS
    has all the resources it requires to conduct fishery surveys.
                                     ______

       Response to Written Questions Submitted by Hon. Maria Cantwell to
                                 Pierre Gentin
        Congressionally mandated programs and agencies. Mr. Gentin, as a
    lawyer, I presume you are familiar with our Constitution and separation
    of powers. So you know that, under our Constitution, Congress has the
    power to pass laws, and the Executive Branch executes the laws as
    Congress enacted.

        Question 1. Do you agree that the President must comply with the
    law?
        Answer. Yes.

        Question 2. If you are confirmed as General Counsel at the
    Department of Commerce (DOC, Commerce, Department), will you advise the
    Secretary to comply with the law?
        Answer. Yes.

        Question 3. Do you agree that the Executive Branch cannot lawfully
    eliminate an agency unilaterally that Congress authorized and
    appropriated funding for?
        Answer. The Executive Branch is required to faithfully execute the
    law. If confirmed, I commit to advising the Department to adhere to the
    law.

        Question 4. Do you agree that the Department has a legal obligation
    to comply with its contractual commitments?
        Answer. The Department has an obligation to follow the law.

        CHIPS and Science Act. At our last confirmation hearing, I was
    pleased to see Mr. Paul Dabbar, nominee to serve as Deputy Secretary of
    Commerce, reaffirm his support for the CHIPS and Science Act, which I
    believe it essential to U.S. national security and economic leadership.

        Question 1. Mr. Gentin, you have been serving at the Department as
    a senior advisor in the Office of the Secretary since February 2025.
    Are you aware of any effort to get rid of the CHIPS Act?
        Answer. I am unaware of any efforts to get rid of the CHIPS Act.

        Question 2. Mr. Gentin, if confirmed, will you commit to ensuring
    the Department's contractual obligations to companies under the CHIPS
    Act are honored?
        Answer. If confirmed, I commit to advising colleagues in the
    Department to follow the law.

        Secretary Lutnick's Absent Leadership. I fear one reason we have
    seen so much chaos at the Commerce Department is that Secretary Lutnick
    appears to be focused on priorities that fall outside the Department's
    core mission.
        According to reports from the Wall Street Journal on April 7 and
    the New York Times on April 28, Secretary Lutnick is at the White House
    more than any other Cabinet Secretary, and he is telling people that he
    plans to spend most of his time at the White House moving forward--not
    at the Commerce Department. Meanwhile, inside the Department, employees
    say morale has plummeted as leadership has left them rudderless.

        Question 1. Mr. Gentin, how many hours per week is Secretary
    Lutnick working at the Commerce Department?
        Answer. The Secretary works tirelessly and is fully focused on the
    Department's mission to create the conditions for economic growth and
    opportunity for our country.

        Question 2. Has Secretary Lutnick ever told you that he plans to
    spend most of his time at the White House?
        Answer. No.

        Question 3. We have all seen Secretary Lutnick regularly on TV and
    at the White House. If confirmed, how will you help fill this
    leadership void at the Department?
        Answer. There is no leadership void at the Department. The
    Secretary is fully focused on the Department's mission to create the
    conditions for economic growth and opportunity for our country.

        Question 4. If confirmed, will you commit to spend the majority of
    your time at the Commerce Department working on the programs and
    policies that fall squarely in its remit?
        Answer. If confirmed, I commit to focusing on the Department's
    mission to create the conditions for economic growth and opportunity
    for our country.

        Senior Advisor. Mr. Gentin, you have been working at the Department
    of Commerce since February 2025.

        Question 1. How often do you meet with Secretary Lutnick?
        Answer. I meet with the Secretary on a regular basis.

        Question 2. I understand you told my staff that your current job
    consists of spending time familiarizing yourself with programs and
    bureaus at the Department. Which programs and bureaus have you focused
    on?
        Answer. I have been focused on developing an understanding of each
    of the bureaus in the Department.

        Question 3. As of May 14, 2025, you still have not completed your
    financial disclosure information as specified in the Committee's
    questionnaire--even after my staff identified these omissions in an e-
    mail on May 2, 2025, and reiterated these omissions in subsequent e-
    mails and raised them with you in person on May 8, 2025. When were you
    first made aware that your questionnaire was incomplete?
        Answer. I submitted my questionnaire in March 2025 and understood
    it to be a complete submission. In response to questions from your
    staff in May, I submitted addenda on May 12 and May 16, 2025.

        Question 4. You had well over a week to address the omissions in
    your questionnaire identified by my staff before your confirmation
    hearing. Why didn't you submit a complete questionnaire by your
    hearing, as is expected of all nominees?
        Answer. I submitted my questionnaire in March 2025 and understood
    it to be a complete submission. In response to questions from your
    staff in May, I submitted addenda on May 12 and May 16, 2025.

        Question 5. Do you think fully responding to the items in the
    Committee's questionnaire is optional?
        Answer. I submitted my questionnaire in March 2025 and understood
    it to be a complete submission. In response to questions from your
    staff in May, I submitted addenda on May 12 and May 16, 2025.

        DOGE. During your confirmation hearing, you stated that you
    attended a meeting with Elon Musk at the White House. You also stated
    that you met two DOGE representatives at the Commerce Department. I
    have serious concerns about the extent to which Elon Musk and DOGE are
    driving the chaos we're seeing at the Department.

        Question 1. Please describe what you discussed with Elon Musk at
    the White House.
        Answer. I attended an informal meeting at which Mr. Musk was
    present. I did not speak with anyone during that meeting.

        Question 2. Are you aware of other DOGE members, beyond the two
    individuals you met, working at the Department? If so, please identify
    these individuals and describe their portfolios as you understand them.
        Answer. I was introduced in passing to two individuals affiliated
    with DOGE. I do not recall their names and do not know what, if any,
    their portfolios are in the Department.

        Question 3. At the hearing, you testified that you did not know the
    names of the two DOGE members you were introduced to. You also
    testified that neither of these individuals was Nate Cavanaugh, who
    also is a member of DOGE working at the Department. However, you told
    my staff that you have never met or spoken with Mr. Cavanaugh. So, how
    do you know that neither of these two DOGE members was Mr. Cavanaugh?
        Answer. I was introduced in passing to two individuals affiliated
    with DOGE. My best recollection is that neither of them was introduced
    as Mr. Cavanaugh.

        Question 4. Please confirm whether you have met or spoken with Mr.
    Cavanaugh. If you have, please provide details of any such encounter.
        Answer. I have no recollection of meeting or speaking with Mr.
    Cavanaugh.

        Question 5. Yes or no: If confirmed, will you commit not to allow
    members of DOGE to access systems or information at the Commerce
    Department that they are not legally permitted to access?
        Answer. If confirmed, I will advise colleagues in the Department to
    follow the law when making decisions regarding access to its systems
    and information.

        Minority Business Development Agency (MBDA). Congress statutorily
    authorized MBDA in 2021. We passed a law appropriating money to fund
    the agency. But the Administration acknowledged ``fully eliminated''
    the agency in its recommendations on discretionary funding levels for
    Fiscal Year (FY) 2026.

        Question 1. Where in the Constitution does it give the Commerce
    Department the authority to overrule laws passed by Congress?
        Answer. There is a Presidential Executive Order directing various
    Federal departments to take action regarding certain subagencies,
    including MBDA. My understanding is that Executive Order is currently
    the subject of ongoing litigation to which the Department is a party.

        Question 2. My Commerce Committee colleagues and I have sent three
    letters to the Department regarding the dismantling of the MBDA. You
    were present at Mr. Dabbar's confirmation hearing where these letters
    were raised. Nonetheless, you testified that you were ``not aware of
    those letters.'' How is this possible?
        Answer. I have no awareness of the detail of any letters that have
    been sent to the Department regarding MBDA or of the Department's
    responses.

        Question 3. You testified that you would ``go back to the
    Department of Commerce'' after your hearing and ``try to get those
    letters responded to.'' What specific steps have you taken to
    accomplish this?
        Answer. It is my understanding that the Department of Commerce
    previously responded in a letter dated April 24, 2025.

        Question 4. Who at the Department is responsible for responding to
    these letters?
        Answer. It is my understanding that responding to Congressional
    letters is a collaborative effort involving multiple offices within the
    Department.

        Question 5. If confirmed, will you commit to examining the legality
    of the Department's actions to ``fully eliminate'' the MBDA
    unilaterally and advise Secretary Lutnick on any illegalities you
    identify?
        Answer. If confirmed, I will advise colleagues in the Department to
    follow the law.

        Question 6. If you identify any illegalities with the Department's
    actions toward MBDA, do you believe Congress should be notified?
        Answer. If confirmed, I will advise the Department to follow the
    law with respect to any required Congressional notifications.

        National Oceanic and Atmospheric Administration (NOAA). The Trump
    Administration is pursuing a FY 2026 budget proposal that would reduce
    NOAA's budget by more than 25 percent, eliminate Congressionally
    mandated programs, and transfer part of the National Marine Fisheries
    Service to the Interior Department.
        During his confirmation hearing, Secretary Lutnick told me that he
    has, ``no interest in separating'' NOAA and that breaking up NOAA, ``is
    not on my agenda.'' Yet, that is exactly what the Administration is
    trying to do.

        Question 1. Yes or no: Have you been to any meetings where NOAA was
    discussed? If so, what was the topic of the meeting?
        Answer. Yes. I have attended meetings to educate myself about the
    various bureaus in the Department, including NOAA.

        Question 2. Yes or no: Have you discussed any plans to break up
    NOAA with Secretary Lutnick or anyone else?
        Answer. No.

        Question 3. Do you agree it would be illegal for the Administration
    to eliminate or transfer part of NOAA outside the Commerce Department
    without Congress's approval? Why or why not?
        Answer. If confirmed, I will commit to advising the Department to
    follow the law with respect to any required Congressional
    notifications.

        Bipartisan Infrastructure Law. During your confirmation hearing,
    you indicated that you were not aware of the Bipartisan Infrastructure
    Law (BIL), which is one of the most consequential bipartisan laws in
    modern history. This is deeply concerning for any nominee, especially
    one vying to be the General Counsel of the Commerce Department.

        Question 1. If confirmed, will you familiarize yourself with the
    BIL and faithfully execute the law as Congress intended?
        Answer. If confirmed, I will commit to familiarizing myself with
    legal authorities relevant to the advice I am being called upon to
    deliver.

        Digital Equity Act. On Thursday, President Trump posted on Truth
    Social that he and Secretary Lutnick were ending the Digital Equity Act
    (DEA) ``IMMEDIATELY.'' Congress passed the DEA in 2021 as part of the
    Infrastructure Investment and Jobs Act and appropriated $2.5 billion
    for the program, including $1.4 billion to be distributed to all 50
    states according to a statutorily determined formula.
        Despite the clear words of the law, last Friday (May 7, 2025) state
    broadband offices across the country, including in Washington, received
    letters telling them their grants had been canceled.

        Question 1. You testified at your confirmation hearing that you
    would follow the law. Yes or no: Is DEA the law?
        Answer. The Digital Equity Act is a statute that was passed by
    Congress in 2021.

        Question 2. What provision of the DEA allows the President and the
    Secretary to ignore its statutorily determined formula?
        Answer. I have not been confirmed as General Counsel of the
    Department and have not conducted a legal analysis of the Digital
    Equity Act. If confirmed, I will advise colleagues in the Department to
    follow the law.

        Question 3. Do you believe it is lawful for the government to
    withhold formula-funded grants to states even where Congress has
    expressly set out the amount of money a state is to receive?
        Answer. If confirmed, I will advise colleagues in the Department to
    uphold the U.S. Constitution.

        Question 4. Can you commit not to leave any of the statutory
    ``covered populations'' outlined in the DEA behind and implement the
    Act fully, as intended by Congress?
        Answer. If confirmed, I will advise colleagues in the Department to
    uphold the U.S. Constitution.

        Spectrum. Section 1062 of the 2000 National Defense Authorization
    Act requires that before the Department of Defense is required to turn
    over spectrum that it uses, the Secretary of Defense, Chairman of the
    Joint Chiefs, and Secretary of Commerce must jointly certify the
    alternative band of spectrum ``provides comparable technical
    characteristics to restore essential military capability that will be
    lost as a result of the band of frequencies to be so surrendered.''

        Question 1. Mr. Gentin, as General Counsel of the Commerce
    Department, will you ensure that the DOC complies with this law?
        Answer. If confirmed, I will advise colleagues in the Department to
    follow the law.

        Question 2. Are you aware that no such joint certification was made
    by during the first Trump Administration when Department of Defense
    spectrum was identified for auction?
        Answer. I am not aware of what certifications were or were not made
    during the first Trump Administration.

        Question 3. Did the lack of a joint certification during the first
    Trump Administration violate the law?
        Answer. I am not aware of what certifications were or were not made
    during the first Trump Administration.

        BEAD Program. The BIL requires that after the Assistant Secretary
    of Communications and Information approves a state's final proposal in
    the BEAD Program, the Assistant Secretary ``shall make available to the
    eligible entity the remainder of the grant funds allocated to the
    eligible entity.'' Three states have had their final proposals approved
    but no funds have been released.

        Question 1. What provision of law allows DOC not to follow the
    clear text of the BIL and ``make available'' BEAD funds to the three
    states with approved plans?
        Answer. If confirmed, I look forward to working with the Secretary,
    the leadership of NTIA, and counsel at the Department, to effectively
    implement the BEAD Program in an efficient and effective manner.
                                     ______

       Response to Written Questions Submitted by Hon. Amy Klobuchar to
                                 Pierre Gentin
        Question 1. For years, I've worked to combat the unfair dumping of
    foreign steel into the U.S. market--a persistent threat to Minnesota's
    iron ore industry and the communities that depend on it. While duties
    have been imposed on countries like China, we're now seeing exporters
    shift to third-party countries to transship or lightly process steel
    products in order to evade those trade remedies. To maintain a level
    playing field, our enforcement tools must keep pace with these
    increasingly sophisticated circumvention tactics.

       How would you ensure that the Department of Commerce
            robustly enforces anti-dumping and countervailing duty orders
            in cases where steel products are being routed through third
            countries to evade existing duties?
        Answer. While this is not an issue I will directly oversee, if
    confirmed as General Counsel, I agree that we must defend U.S.
    businesses and workers, including the U.S. steel industry, against
    unfair trade practices. If confirmed, I will work with my colleagues at
    Commerce to help ensure that our antidumping and countervailing duty
    laws are enforced and that third countries are not being used to avoid
    existing trade requirements through transshipment schemes.

       Would you support strengthening the Department of Commerce's
            use of circumvention findings, including expanding
            investigations where there is credible evidence of
            transshipment or minor alterations to avoid duties?
        Answer. Yes.

        Question 2. Last month, the U.S. Department of Commerce notified
    Manufacturing Extension Partnership (MEP) programs in 10 states that
    their grants would not be renewed. Additionally, the Department
    notified MEP programs with contracts up for renewal later in the year--
    including the Minnesota MEP partner, Enterprise Minnesota--to not
    submit applications for renewal until future notice.

        a. Do you commit to ensuring that congressionally appropriated
    funding for MEP is spent properly and in accordance with Congress's
    intent?
        Answer. If confirmed, I commit to looking into the legal issues
    associated with the Manufacturing Extension Partnership programs.
                                     ______

        Response to Written Questions Submitted by Hon. Gary Peters to
                                 Pierre Gentin
        Question 1. Were you aware of the decision to cancel the
    Manufacturing Extension Partnership renewals due April 1 before it was
    made?
        Answer. No.

        a. Will you commit to advising the Secretary to provide certainty
    to MEP programs if confirmed?
        Answer. If confirmed, I commit to looking into the legal issues
    associated with the Manufacturing Extension Partnership programs.

        Question 2. Were you aware of or did you provide any advice related
    to the decision to cancel the State Digital Equity Grants?
        Answer. No. I was not aware of and did not provide any advice
    related to State Digital Equity Grants.

        Question 3. Without input from Congress, is it legal for the
    administration to simply cancel funding for authorized and appropriated
    programs like these?
        Answer. If confirmed, I commit to looking into the legal issues
    associated with the Digital Equity Grants and I will advise my
    colleagues in the Department to follow the law.

        Question 4. If confirmed, will you advise the Secretary that it is
    legal to withhold funds from entities once a grant agreement has been
    signed and the funds are obligated?
        Answer. If confirmed, I will advise colleagues in the Department of
    Commerce to uphold the U.S. Constitution.
                                     ______

      Response to Written Questions Submitted by Hon. Tammy Duckworth to
                                 Pierre Gentin
        Question Topic: Refired Probationary Employees
        Question 1. In March, the Department of Commerce reinstated a
    number of probationary employees after a temporary restraining order
    issued by the U.S. District Court of Maryland. However, after the
    temporary restraining order was lifted in April, the Department of
    Commerce refired many probationary employees.

        A. Last month, when the Department of Commerce refired probationary
    employees, did the Department of Commerce follow all applicable
    statutes and laws?
        Answer. I have had no role in advising on or implementing
    Department actions regarding probationary employees.

        B. Last month, when the Department of Commerce refired probationary
    employees, did the Department of Commerce conduct any review of prior
    performance to determine whether employees should be refired?
        Answer. I have had no role in advising on or implementing
    Department actions regarding probationary employees.

        C. Last month, when the Department of Commerce refired probationary
    employees, did the Department of Commerce review whether the firings
    would be detrimental to any essential functions of the department?
        Answer. I have had no role in advising on or implementing
    Department actions regarding probationary employees.

        D. Last month, when the Department of Commerce refired probationary
    employees, were any supervisory employees consulted on whether to fire
    each probationary employee?
        Answer. I have had no role in advising on or implementing
    Department actions regarding probationary employees.
                                     ______

       Response to Written Questions Submitted by Hon. Ben Ray Lujan to
                                 Pierre Gentin
        Question 1. The Bipartisan Infrastructure Law (BIL), also known as
    the Investment Infrastructure and Jobs Act (IIJA), or Public Law 117--
    58 was passed in 2021 on a bipartisan basis.

        a. Will you commit to implementing this law as written?
        Answer. If confirmed, I will advise colleagues in the Department to
    follow the law.

        Question 2. Yes, or no, does Article III of the Constitution say,
    ``[t]he judicial Power of the United States, shall be vested in one
    supreme Court, and in such inferior Courts as the Congress may from
    time to time ordain and establish''?
        Answer. Yes.

        Question 3. Did Marbury v. Madison, a Supreme Court Case from 1803
    establish the principle of judicial review? Explain the principle of
    judicial review.
        Answer. Yes. Judicial review permits courts to review the
    lawfulness of actions of the legislative and executive branches of
    government.

        Question 4. Yes or no, does the judicial branch have the sole power
    to declare a law unconstitutional?
        Answer. Judicial review permits courts to review the lawfulness of
    actions of the legislative and executive branches of government.

        Question 5. The Digital Equity Act provides $2.75 billion to
    establish three grant programs that promote activities consistent with
    the Act. They aim to ensure that all people and communities have the
    skills, technology, and capacity needed to reap the full benefits of
    our digital economy. President Trump declared these funds
    unconstitutional on Truth Social on Thursday May 8, 2025. The next day,
    on May 9, 2025, the states received notices that the Digital Equity Act
    was unconstitutional and their grants were terminated. Yes or no, does
    the President have the power under the United States Constitution to
    nullify entire sections of laws passed by Congress?
        Answer. I have not been confirmed as the General Counsel for the
    Department, and I have not conducted a legal review of the Digital
    Equity Act. If confirmed, I will advise colleagues in the Department to
    follow the law.

        a. Yes or no, if confirmed, will you commit to reversing this
    unlawful action and release and distribute these funds?
        Answer. If confirmed, I will advise colleagues in the Department of
    Commerce to follow the law.

        Question 6. Sec. Lutnick is calling on states to use the lowest
    cost option when building out broadband under the BEAD Program.
    Although satellite is cheaper and quicker to deploy in the short-term,
    it will be more expensive in the long-term. Fiber is considered the
    gold standard in internet connection. Yes or no, do you support
    deprioritizing fiber in favor of fixed wireless or LEO satellites?
        Answer. If confirmed, I look forward to working with the Secretary,
    the leadership of NTIA, and counsel at the Department, to effectively
    implement the BEAD Program in an efficient and effective manner

        a. Are you aware of any small LEO operators that satisfy IIJA's
    100/20 mbps speeds and low latency conditions?
        Answer. I am not familiar with the specific capabilities of small
    LEO operators.

        Question 7. Earlier this month, Secretary Lutnick put out a
    statement saying that the Commerce Department is ``revamping the BEAD
    program to take a tech-neutral approach that is rigorously driven by
    outcomes, so states can provide Internet access for the lowest cost.''
    Yes or no, do you support requiring states to overhaul and resubmit
    their BEAD plans?
        Answer. I have not been involved in discussions or decisions
    related to revamping the BEAD program.

        Question 8. Did Joe Biden lawfully win the 2020 presidential
    election?
        Answer. President Biden was sworn in as President on January 20,
    2021.

        Question 9. Did Donald Trump lawfully win the 2024 presidential
    election?
        Answer. President Trump was sworn in as President on January 20,
    2025.
                                     ______

         Response to Written Questions Submitted by Maria Cantwell to
                                 Robert Gleason
        Elon Musk on Privatizing Amtrak. In March 2025, Elon Musk publicly
    called Amtrak a ``sad situation.'' He went on to suggest that Amtrak
    must be privatized in order to be saved.
        This misguided proposal would fundamentally undermine Amtrak's
    dedication to nationwide service and America's future in high-speed
    rail.

        Question 1. Yes or no: Do you agree with Elon Musk that Amtrak
    should be privatized?
        Answer. If confirmed, my top priority will be to see Amtrak
    succeed.

        Question 2. Yes or no: If confirmed, will you vocally oppose any
    efforts by Elon Musk or others in this Administration to privatize
    Amtrak?
        Answer. If confirmed, my top priority will be to see Amtrak
    succeed. That includes exploring the possibility of public-private
    partnerships and expanded state partnerships.

        Amtrak CEO Pushed Out. Amtrak's former CEO, Stephen Gardner,
    abruptly resigned in March 2025. He was reportedly pushed out as
    someone deemed not sufficiently loyal to the White House, five days
    after he issued a statement supporting the FY 2025 $2.42 billion
    appropriated to Amtrak. Mr. Gardner's resignation also happened two
    weeks after Elon Musk publicly called for Amtrak to be privatized.

        Question 1. If confirmed, will you be an independent voice for
    Amtrak and not simply defer to the White House?
        Answer. If confirmed, I will be an independent voice for Amtrak.

        Question 2. Yes or no: If confirmed, and the White House directed
    you to take action that would undermine Amtrak's success, would you
    refuse?
        Answer. It will be my top priority to see that Amtrak succeeds.

        Role in 2020 Presidential Election. Mr. Gleason, in some press
    reports, you are listed as a false elector for the Trump campaign in
    Pennsylvania in connection with the 2020 presidential election. I
    understand you told Committee staff you did not sign a false election
    certificate.

        Question 1. Did you attend any meetings of the Pennsylvania false
    electors after the 2020 presidential election? If so, please describe
    the meetings.
        Answer. I did not attend any meetings in question.

        Question 2. Did you in any way support or participate in the effort
    to submit false election certificates after the 2020 presidential
    election?
        Answer. No.

        Question 3. In a December 2024 interview with ABC27 News commenting
    on the last two presidential elections, you stated: ``We lost last
    time, we won this time, and here we are.'' To confirm: Do you believe
    Joe Biden was lawfully elected President of the United States in 2020?
        Answer. President Biden was sworn in as President on January 20,
    2021.
                                     ______

        Response to Written Questions Submitted by Hon. Gary Peters to
                                 Robert Gleason
        Question 1. I mentioned in my opening remarks Michigan Central
    Station and efforts to expand and improve passenger rail service across
    Michigan's three passenger lines. The Bipartisan Infrastructure Law's
    Corridor ID Program has been integral to our state doing the ridership
    analysis they need to support future expansion. But Corridor ID grants
    don't mean much if we don't follow them up with investment.

        a. If confirmed, do you commit to ensuring that Amtrak sees the
    additional funding and support it needs to follow up on Corridor ID
    work to expand passenger rail where appropriate--including in Michigan?
        Answer. If confirmed, I commit to supporting the Corridor ID
    program and investments to expand passenger rail where appropriate,
    including in Michigan.

        b. Do you think cuts and additional barriers to Amtrak's expansion
    will harm the ability to serve more folks in the Midwest?
        Answer. My top priority, if confirmed, is to see Amtrak succeed.
                                     ______

       Response to Written Questions Submitted by Hon. Ben Ray Lujan to
                                 Robert Gleason
        Question 1. In 2023, the Southwest Chief had the second lowest on-
    time performance rate of all long-distance routes, getting customers to
    their destinations only 34 percent of the time. In 2024, there was a
    modest improvement to on-time performance of 45 percent. Yes or no, are
    you committed to advocating for increased funding for the long-distance
    rail network to address outdated equipment and maintenance issues?
        Answer. Yes.

        Question 2. Did Joe Biden lawfully win the 2020 presidential
    election?
        Answer. President Biden was sworn in as President on January 20,
    2021.

        Question 3. Did Donald Trump lawfully win the 2024 presidential
    election?
        Answer. President Trump was sworn in as President on January 20,
    2025.
                                     ______

    Response to Written Question Submitted by Hon. Lisa Blunt Rochester to
                                 Robert Gleason
        Question. While Amtrak ridership numbers have rebounded on the
    Northeast Corridor, I am deeply concerned about potential cuts to
    commuter rail service that depends on access to Amtrak-owned
    infrastructure, especially SEPTA.
        If confirmed, how will you work with commuter rail tenants on the
    Northeast Corridor to ensure regional rail stability?
        Answer. If confirmed, I look forward to learning more about this
    issue. I believe it's important that we have safe and reliable
    passenger service throughout the country, including in and around
    Delaware.

                                      [all]