[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]