Hearings to examine the nomination of Steven Bradbury, of Virginia, to be Deputy Secretary of Transportation.
Meeting•Senate Commerce, Science, and Transportation•Feb 20, 2025 · 9:30 AM
Summary
Senate Commerce, Science, and Transportation held a meeting on Feb 20, 2025 at 9:30 AM in Russell Senate Office Building, Room 253.
Record
The meeting has its transcript on the record.
Transcript
The transcript runs to 6,725 lines and 348,094 characters, as the Government Publishing Office printed it.
1[Senate Hearing 119-218]2[From the U.S. Government Publishing Office]34 S. Hrg. 119-21856 NOMINATION OF STEVEN BRADBURY,7 NOMINEE TO BE DEPUTY SECRETARY,8 U.S. DEPARTMENT OF TRANSPORTATION910=======================================================================1112 HEARING1314 BEFORE THE1516 COMMITTEE ON COMMERCE,17 SCIENCE, AND TRANSPORTATION18 UNITED STATES SENATE1920 ONE HUNDRED NINETEENTH CONGRESS2122 FIRST SESSION2324 __________2526 THURSDAY, FEBRUARY 20, 20252728 __________2930 Printed for the use of the Committee on Commerce, Science, and31 Transportation3233[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]3435 Available online: http://www.govinfo.gov3637 __________3839 U.S. GOVERNMENT PUBLISHING OFFICE4062-167 PDF WASHINGTON : 20254142-----------------------------------------------------------------------------------4344 SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION4546 ONE HUNDRED NINETEENTH CONGRESS4748 FIRST SESSION4950 TED CRUZ, Texas, Chairman51JOHN THUNE, South Dakota MARIA CANTWELL, Washington,52ROGER WICKER, Mississippi Ranking53DEB FISCHER, Nebraska AMY KLOBUCHAR, Minnesota54JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii55DAN SULLIVAN, Alaska EDWARD MARKEY, Massachusetts56MARSHA BLACKBURN, Tennessee GARY PETERS, Michigan57TODD YOUNG, Indiana TAMMY BALDWIN, Wisconsin58TED BUDD, North Carolina TAMMY DUCKWORTH, Illinois59ERIC SCHMITT, Missouri JACKY ROSEN, Nevada60JOHN CURTIS, Utah BEN RAY LUJAN, New Mexico61BERNIE MORENO, Ohio JOHN HICKENLOOPER, Colorado62TIM SHEEHY, Montana JOHN FETTERMAN, Pennsylvania63SHELLEY MOORE CAPITO, West Virginia ANDY KIM, New Jersey64CYNTHIA LUMMIS, Wyoming LISA BLUNT ROCHESTER, Delaware65 Brad Grantz, Republican Staff Director66 Nicole Christus, Republican Deputy Staff Director67 Liam McKenna, General Counsel68 Lila Harper Helms, Staff Director69 Melissa Porter, Deputy Staff Director70 Jonathan Hale, General Counsel7172 C O N T E N T S7374 ----------75 Page76Hearing held on February 20, 2025................................ 177Statement of Senator Cruz........................................ 178 Letter dated February 12, 2025 to Hon. Ted Cruz and Hon.79 Maria Cantwell from Chris Brown, Vice President of80 Government Affairs and Low Fare Airline Policy, National81 Air Carrier Association.................................... 7482 Letter dated February 13, 2025 to Hon. Ted Cruz and Hon.83 Maria Cantwell from Michael Robbins, President & CEO, AUVSI 7584 Letter dated February 13, 2025 to Hon. Ted Cruz and Hon.85 Maria Cantwell from Ryan Streblow, President & CEO,86 National Tank Truck Carriers............................... 7787 Letter dated February 13, 2025 to Hon. Ted Cruz and Hon.88 Maria Cantwell from Nicholas E. Calio, President and CEO,89 Airlines for America....................................... 7890 Letter dated February 13, 2025 to Hon. Ted Cruz from Kadir91 ``Kai'' Boysan, Chief Executive Officer, Flix North America92 Inc........................................................ 8093 Letter dated February 13, 2025 to Hon. Ted Cruz and Hon.94 Maria Cantwell from Ellen Voie, CAE, Founder, Women In95 Trucking Association, Inc.................................. 8196 Letter dated February 14, 2025 to Hon. Ted Cruz and Hon.97 Maria Cantwell from Chris Spear, President & CEO, American98 Trucking Associations...................................... 8299 Letter dated February 14, 2025 to Hon. Ted Cruz and Hon.100 Maria Cantwell from Jennifer A. Carpenter, President & CEO,101 The American Waterways Operators........................... 83102 Letter dated February 14, 2025 to Hon. Ted Cruz and Hon.103 Maria Cantwell from David Owen, President, National104 Association of Small Trucking Companies.................... 84105 Letter dated February 14, 2025 to Hon. Ted Cruz and Hon.106 Maria Cantwell from Kevan P. Stone, Executive Director &107 CEO, National Association of County Engineers.............. 85108 Letter dated February 18, 2025 to Hon. Ted Cruz and Hon.109 Maria Cantwell from Gary F. Petty, President and CEO,110 National Private Truck Council............................. 86111 Letter dated February 18, 2025 to Hon. Ted Cruz and Hon.112 Maria Cantwell from Chris Burroughs, President & CEO,113 Transportation Intermediaries Association (TIA)............ 87114 Letter dated February 19, 2025 to Hon. Ted Cruz and Hon.115 Maria Cantwell from Jeff Farrah, Chief Executive Officer,116 Autonomous Vehicle Industry Association.................... 89117 Letter dated February 19, 2025 to Hon. Ted Cruz and Hon.118 Maria Cantwell from John Bozzella, President and CEO,119 Alliance for Automotive Innovation......................... 91120 Letter dated February 19, 2025 to Hon. Ted Cruz and Hon.121 Maria Cantwell from Camille Fleenor, Vice President,122 Government Relations and Policy, Atlas Air................. 93123 Letter dated February 19, 2025 to Hon. Ted Cruz from Molly A.124 Wilkinson, Vice President, Regulatory and International125 Affairs, American Airlines................................. 94126 Letter dated February 19, 2025 to Hon. Ted Cruz and Hon.127 Maria Cantwell from Jim Tymon, Executive Director, American128 Association of State Highway and Transportation Officials.. 95129 Letter dated February 19, 2025 to Hon. Ted Cruz and Hon.130 Maria Cantwell from Christa Lucas, Vice President,131 Governmental Affairs, Southwest Airlines................... 96132 Letter dated February 19, 2025 to Hon. Ted Cruz and Hon.133 Maria Cantwell from Jeffrey D. Shoaf, Chief Executive134 Officer, Associated General Contractors of America (AGC)... 97135 Letter dated February 19, 2025 to Hon. Ted Cruz and Hon.136 Maria Cantwell from Dave Cavossa, President, Commercial137 Space Federation........................................... 98138 Letter dated February 19, 2025 to Hon. Ted Cruz from Faye139 Malarkey Black, President & CEO, Regional Airline140 Association (RAA).......................................... 99141 Letter dated February 19, 2025 to Hon. Ted Cruz and Hon.142 Maria Cantwell from Steve Morrissey, Vice President,143 International Regulatory & Policy, United Airlines, Inc.... 100144 Letter dated February 20, 2025 to Hon. Ted Cruz from Julie145 Landry, Vice President of Government Affairs, American146 Forest & Paper Association................................. 101147Statement of Senator Cantwell.................................... 2148 Letter dated February 17, 2025 to Hon. Ted Cruz from Javier149 de Luis, PhD, Lecturer, Massachusetts Institute of150 Technology on behalf of: Catherine Berthet, Naoise151 Connolly, Nadia Milleron, Chris Moore, and Ike Riffel...... 5152Statement of Senator Fischer..................................... 48153Statement of Senator Blunt Rochester............................. 50154Statement of Senator Blackburn................................... 52155Statement of Senator Baldwin..................................... 53156Statement of Senator Schmitt..................................... 55157Statement of Senator Hickenlooper................................ 57158Statement of Senator Moran....................................... 59159Statement of Senator Kim......................................... 60160Statement of Senator Moreno...................................... 62161Statement of Senator Lujan....................................... 64162Statement of Senator Peters...................................... 68163Statement of Senator Markey...................................... 70164165 Witnesses166167Steven Bradbury, Nominee to be Deputy Secretary, U.S. Department168 of Transportation.............................................. 7169 Prepared statement........................................... 8170 Biographical information..................................... 10171172 Appendix173174Response to written questions submitted to Steven Bradbury by:175 Hon. Todd Young.............................................. 105176 Hon. Ted Budd................................................ 106177 Hon. Maria Cantwell.......................................... 108178 Hon. Amy Klobuchar........................................... 122179 Hon. Brian Schatz............................................ 123180 Hon. Tammy Duckworth......................................... 125181 Hon. Ben Ray Lujan........................................... 128182 Hon. Lisa Blunt Rochester.................................... 130183184 NOMINATION OF STEVEN BRADBURY,185 NOMINEE TO BE DEPUTY SECRETARY,186 U.S. DEPARTMENT OF TRANSPORTATION187188 ----------189190 THURSDAY, FEBRUARY 20, 2025191192 U.S. Senate,193 Committee on Commerce, Science, and Transportation,194 Washington, DC.195 The Committee met, pursuant to notice, at 9:38 a.m., in196room SR-253, Russell Senate Office Building, Hon. Ted Cruz,197Chairman of the Committee, presiding.198 Present: Senators Cruz [presiding], Fischer, Moran,199Blackburn, Schmitt, Moreno, Cantwell, Markey, Peters, Baldwin,200Lujan, Hickenlooper, Kim, and Blunt Rochester.201202 OPENING STATEMENT OF HON. TED CRUZ,203 U.S. SENATOR FROM TEXAS204205 The Chairman. Good morning. The Senate Commerce Committee206will come to order.207 We are here for the nomination of Steven Bradbury to be the208Deputy Secretary of the Department of Transportation.209 If confirmed, Mr. Bradbury will serve as the department's210second in command overseeing day-to-day operations and211implementing critical safety policies for our Nation's212transportation system.213 Mr. Bradbury is exceptionally well-qualified for this214position. He served as General Counsel of the Department from2152017 to 2021 and he served briefly as Acting Secretary of the216Department.217 As DOT's Chief Legal Counsel, Mr. Bradbury supervised a218team of over 500 attorneys and support staff. He oversaw219rulemaking and enforcement as well as regulatory reforms,220saving the department $98 billion. In 2020 Mr. Bradbury221received the Secretary's Distinguished Service Award.222 Prior to the first Trump administration, Mr. Bradbury was a223partner at major law firms here in Washington, D.C. He dealt224with various transportation matters in private practice225including a consequential airline merger and one of the largest226automotive recalls in history.227 Mr. Bradbury also led the Office of Legal Counsel at the228Department of Justice and he clerked at both the U.S. Court of229Appeals for the D.C. Circuit and the U.S. Supreme Court.230 Simply put, his legal and policy credentials are of the231highest caliber. But he is also suited for those aspects of the232DOT role that cannot be captured in a resume--recognizing that233lives are indirectly in your hands, listening to accident234victims' families, and taking action to prevent future235tragedies.236 More than many public servants, Mr. Bradbury has had to237grapple with the fact that public policy has real-life238consequences. He knows that with power comes responsibility.239 Mr. Bradbury will work closely with Secretary Duffy to help240keep travelers safe and to responsibly invest in the Nation's241infrastructure. I have made it clear that safety, particularly242in the aviation sector, must be his foremost priority.243 To that end, Mr. Bradbury is ready to eliminate244nonstatutory policy objectives that have been detracting from245the department's core safety mission.246 I have also emphasized Congress' role in enhancing safety247and the importance of complying with congressional oversight.248Mr. Bradbury is prepared to be forthcoming with Congress in249line with commitments Secretary Duffy made to this committee250just a few weeks ago to turn over information we have251requested.252 Finally, as I noted, Mr. Bradbury is a smart regulator. He253has a track record of substantial cost savings at DOT and he254will come onboard at a time when the administration and the255American people are particularly focused on government256efficiency.257 With Mr. Bradbury we get someone with the experience to258drive intelligent change, the kind of change that improves259outcomes while saving taxpayers money.260 I have received over 20 letters of support from Mr.261Bradbury from major transportation groups representing sectors262from aviation and trucking to ports and waterways.263 I, too, support his confirmation and I look forward to264hearing more about his approach to the department.265 With that, I will recognize the Ranking Member for her266opening remarks.267268 STATEMENT OF HON. MARIA CANTWELL,269 U.S. SENATOR FROM WASHINGTON270271 Senator Cantwell. Thank you, Mr. Chairman.272 Mr. Bradbury, I appreciate you being here today and welcome273to your family. I also would like to recognize and welcome two274MAX family individuals that are here, Nadia Milleron and Konjit275Baleker. Both of them have been so active in continuing the276focus on safety and thank you for that advocacy.277 We are here right now because we need leadership at DOT278that recognizes that safety is the top priority. There is no279issue about saving dollars if you are not saving lives, and I280think that what has been wrong at FAA and at DOT overall is281that we have had too much of a light touch on these very282important issues.283 So, Mr. Bradbury, I do have concerns about your record.284During your time at DOJ you authored what is widely known as285the torture memos justifying the use of waterboarding and other286torture techniques.287 I am not going to go through the whole list of situations288that arose from that, but alarming they found evidence that,289quote, ``your legal analyses,'' quote, ``were written with the290goal of allowing the ongoing CIA program to continue,'' end291quote.292 These legal opinions were so contrary to what this country293stood for that the Senate refused to confirm you as the294Assistant Attorney General during the Bush administration, and295Congress passed the McCain-Feingold-Feinstein amendment to the2962016 NDAA codifying the illegality of the torture methods that297you bent the law to justify.298 We cannot afford in the aviation sector someone who thinks299that we can bend the law to an outcome. Your record of using300the law selectively to predetermine the outcome raises301questions about the time at DOT during the first Trump302administration.303 You were, quote, ``responsible for overseeing the304department's regulatory actions and implementing President305Trump's regulatory reform agenda,'' end quote. In this role you306orchestrated the rollback of multiple safety requirements under307the guise of advancing a reform agenda.308 For example, just 9 days--nine days--after the first of the309two fatal Boeing 737 MAX crashes in 2018 your office sidelined310a proposed safety management system rulemaking for aviation311manufacturers like Boeing.312 I would say, Mr. Chairman, if somebody adds up all the313costs that the MAX crashes have done to the aviation sector it314is way more costly--way more costly than any efficiency that315somebody has suggested.316 What that analysis did was the industry had agreed, the FAA317had agreed, that we needed a mandatory safety management318system. Why? Because that is the gold standard for aviation319safety.320 Why was the rule sidelined? Well, according to a Bloomberg321article titled, ``The Trump DOT blocked safety rule deemed322critical in the 737 MAX probe,'' the counsel general--you used323your general counsel position to shelve the draft rule.324 A former FAA official who chaired an industry committee on325SMS, Tony Fazio, asserted that the Transportation Department326under Mr. Bradbury's watch unleashed a restrictive policy that327has run amok, undercutting FAA's workers to enhance the safety328and sidelining the SMS rule.329 This is particularly alarming, given this committee's focus330on safety and the fact that we passed an--a mandatory SMS rule.331 But after you sidelined the rule you next used the332authority of the general counsel office to impede the333Committee's investigation into the 737 MAX crashes.334 As you noted in your testimony today, the general counsel's335office was involved in, ``the FAA's response to the 737 MAX336disasters.''337 Well, your involvement, I would say, does'nt show for the338better. According to the Committee's December 2020339investigative report on the MAX crashes your office,340``intentionally withheld relevant information requested by the341Committee,'' and, ``improperly redacted information in342documents, hindering the Committee's oversight into the343investigation.''344 The report further found evidence that your staff345intervened and prevented the FAA from meaningfully engaging346with the Committee on this investigation, and the report347concluded that the FAA and DOT's cooperation with the348Committee, ``has bordered on obstruction.''349 As Chairman Wicker at the time said himself during a350committee hearing on June 17, 2020, the only conclusion we351could reach based on the record is that, ``the FAA has352deliberately attempted to keep us in the dark and by that I353mean our investigative staff, our committee, and me.''354 I was here when Senator Wicker made those statements. I355consider him a very demure Southern gentleman who sometimes356pulls his punches. He did not pull his punches that day.357 As I noted at the time, these findings give me serious358concerns about your commitment to the transparency that359Congress and the American people deserve.360 The families of the 737 MAX crashes wrote to Chairman Cruz361earlier this week to express their concerns. They specifically362voiced their concerns about the role in obstructing the363investigation.364 So, Mr. Chairman, I look--I ask unanimous consent to enter365their letter into the record.366 The Chairman. Without objection.367 [The information referred to follows:]368369 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]370371 Senator Cantwell. From the general counsel's office, Mr.372Bradbury, you also saw the loosening of fatigue prevention373requirements for truck drivers at the same time vehicle safety374was being called into question and we saw an increase in375fatalities.376 There are some other issues that I will bring up but, Mr.377Bradbury, we need a leader on safety. We need someone who is378going to make it the number-one priority, not modify the rule379to suit the industry.380 Thank you, Mr. Chairman.381 The Chairman. Thank you.382 Mr. Bradbury, we will now recognize you for your opening383statement.384385 STATEMENT OF STEVEN BRADBURY, NOMINEE TO BE DEPUTY SECRETARY,386 U.S. DEPARTMENT OF TRANSPORTATION387388 Mr. Bradbury. Thank you.389 Chairman Cruz, Ranking Member Cantwell, and distinguished390members of the Committee, it is the highest honor of my life to391come before you today as the President's nominee to be the392Deputy Secretary of Transportation.393 I am profoundly grateful to President Trump for placing his394trust in me and I am deeply thankful to Secretary Duffy for his395confidence and his growing friendship.396 I also want to thank my family for their love and support.397I am forever grateful for my wife Hilde, the love of my life,398my rock, who is here to support me today, and for our three399amazing children, each of whom has grown to be an accomplished400role model for me. I learn from them.401 Let me take a moment too to remember my mother, Cora Gill402Bradbury. The daughter of Cornish and Irish miners from Butte,403Montana, she raised me as a single mom in Portland, Oregon,404ironing clothes for 75 cents an hour and working nights in a405bakery to supplement our social security checks.406 She was the kindest, most selfless person I have ever known407and it was only because of her unfailing support and408encouragement that I came to be the first in our family to409attend a four-year university.410 After graduating from Stanford University and later from411the University of Michigan Law School, I was drawn to the412practice of law here in the Nation's capital.413 Early on I had the tremendous fortune of clerking for Judge414James Buckley on the U.S. Court of Appeals in D.C., and Justice415Clarence Thomas on the Supreme Court, two of our greatest416jurists and greatest Americans.417 Though coming from completely opposite backgrounds, both418have had a profound influence on my life and career. That419career has included more than 20 years of private practice in420major law firms in Washington and nearly 10 years of extensive421prior service in the executive branch.422 Back in the mid-2000s I headed the Office of Legal Counsel423at DOJ, advising the President and Executive Branch officials424on compliance with the Constitution and laws of the United425States, and during the first Trump administration I was the426Senate-confirmed General Counsel of DOT managing all legal427matters and supervising more than 500 attorneys across the428department.429 For the last year and a half of the administration I430performed the duties of Deputy Secretary, among other things431helping to lead the Department's response to COVID.432 At DOT safety is paramount and I have the deepest433appreciation for the Department's safety mission. That mission434is exceptionally important in no small part because the liberty435and prosperity of the American people depend on the Nation's436transportation systems and infrastructure.437 I believe I know the Department well and I have great438affection and respect for the dedicated career staff of DOT.439 If confirmed as Deputy Secretary, I will devote myself to440helping the Secretary advance safety and efficiency through441faithful application of the authorities and resources granted442by Congress in accordance with the Constitution and the policy443directions of the President.444 Of particular importance in light of the terrible aviation445crashes of recent days I believe I can effectively assist the446Secretary as he works with FAA to upgrade our Nation's air447traffic control operations and improve the effectiveness of448safety oversight and enforcement.449 I also expect to assist in advancing smart regulatory450reforms that promote safety and affordability while maintaining451competitive markets and the incentives necessary for452innovation, as well as in supporting cost beneficial453infrastructure improvements of national importance.454 In all these endeavors I would be an advocate for455transparency with Congress and the public and I would stress456the importance of maintaining open and candid channels of457communication with this committee and all other committees of458jurisdiction.459 I pledge to you that, if confirmed, I will bring these460values to work with me every day at the Department of461Transportation. With the Senate's consent I am eager to partner462with Secretary Duffy to get to work for the American people.463 Thank you, Mr. Chairman.464 [The prepared statement and biographical information of Mr.465Bradbury follow:]466467 Prepared Statement of Steven Gill Bradbury, Nominee to be Deputy468 Secretary, U.S. Department of Transportation469 Chairman Cruz, Ranking Member Cantwell, and distinguished Members470of this Committee: It is the highest honor of my life to come before471you today as the President's nominee to be the Deputy Secretary of472Transportation.473 I am profoundly grateful to President Trump for placing his trust474in me, and I am deeply thankful to Secretary Duffy for his confidence475and his growing friendship.476 I also want to thank my family for their love and support and477wisdom. I am forever grateful for the love of my life, my wife Hilde,478my rock, who is here to support me today, and for our three amazing479children, each of whom has grown to be an accomplished role model for480me. I learn from them.481 Let me take a moment, too, to remember my mother, Cora Gill482Bradbury. The daughter of Cornish and Irish miners from Butte, Montana,483she raised me as a hard-working single mom in Portland, Oregon. She484ironed clothes for customers at 75-cents an hour and worked nights in a485bakery to support my grandmother and me and to supplement our monthly486social security checks.487 She was the kindest, most selfless person I've ever known. It was488only because of her unfailing support and encouragement that I came to489be the first in our family to attend a four-year university.490 After graduating from Stanford University and later from the491University of Michigan Law School, I was drawn to the practice of law492here in the Nation's capital.493 Early on, I had the tremendous good fortune of clerking for Judge494James L. Buckley on the U.S. Court of Appeals for the D.C. Circuit and495for Justice Clarence Thomas on the Supreme Court--two of our greatest496jurists and greatest Americans who, though coming from completely497opposite backgrounds, have both had a profound influence on my life and498my career in the law.499 That career has included more than 20 years of private practice in500major law firms in Washington, D.C., where my work focused primarily on501the limits of administrative power and the proper exercise of the502Federal government's regulatory authorities.503 I have also had the privilege of extensive prior service in the504Executive Branch.505 From 2004 to 2009, I served as the Principal Deputy Assistant506Attorney General in the Office of Legal Counsel at the U.S. Department507of Justice, and for most of that time, I was the senior appointed508official in charge of the Office. My job was to advise the President,509the Attorney General, and the heads of executive departments and510agencies on the requirements of the law, to help ensure faithful511compliance with the Constitution and the statutes and treaties of the512United States.513 More recently, during the first Trump administration, I served as514the Senate-confirmed General Counsel of the Department of515Transportation, managing all legal516 functions and matters for DOT and supervising the work of more than517500 attorneys across the Department.518 As General Counsel, I was also the Regulatory Policy Officer of519DOT, responsible for overseeing the Department's regulatory actions and520for implementing President Trump's regulatory reform agenda. Under my521tenure, DOT was a leader in achieving efficiencies and very sizable522regulatory cost savings for the American economy without compromising523safety.524 We favored performance-based standards over highly prescriptive525rules to preserve incentives for private investment in safety-enhancing526technologies. Among other reforms, we streamlined the FAA's commercial527space licensing rules, we made headway in developing the regulatory528frameworks for commercial drones and automated vehicles, and we reset529the Nation's fuel-economy standards to promote safety and the530affordability of new cars and trucks for America's families.531 We also put in place important procedural reforms to achieve532greater transparency and public input in costly rulemakings, clearer533requirements and consistency in the approval and use of guidance534documents, and a firmer emphasis on due process in enforcement actions.535 In addition, I was involved in helping lead the Department's536response to the unprecedented COVID public health emergency, when we537succeeded in keeping America's vital transportation systems operating538for the benefit of the American people. And I was proud to help539supervise the Department's responses to significant oversight requests540from Congress.541 As a member of Secretary Chao's senior leadership team, I542participated in nearly all major policy decisions of the Secretary,543including decisions on544 discretionary infrastructure grants, Build America Bureau loans,545and budgetary proposals. And I provided advice and support to the546Secretary in connection with significant challenges facing the547Department, like the FAA's response to the 737-MAX disasters.548 By designation of the President, from September 2019 until the end549of the first Trump administration, I exercised all the functions and550duties of the Deputy Secretary of Transportation. In that capacity, I551assisted in developing the Secretary's policy proposals for legislation552and infrastructure projects, and I served as Chairman of the Board of553Directors of the Union Station Redevelopment Corporation and as a554member of the FAA's Management Advisory Committee.555 For eight days at the end of the first Trump administration, I was556the Acting Secretary of Transportation in accordance with the557Department's standing order of succession, and I kept a steady hand on558the tiller to ensure the Department was responsibly managed as we559prepared for the transition to the new administration.560 Since leaving government service in January 2021, including in my561capacity as a Distinguished Fellow at The Heritage Foundation, I have562continued to write and speak on issues of public policy relevant to the563regulatory authorities of DOT.564 As a result of these experiences, I believe I know the Department565well, and I have great affection and respect for the dedicated career566staff of DOT.567 I have a deep appreciation for the critical safety mission of DOT568and a commitment to the proper exercise of the Secretary's authorities569in accordance with the law, including a healthy respect for the limits570of those authorities vis-a-vis Congress and the States.571 DOT's mission is exceptionally important, in no small part because572the liberty and prosperity of the American people depend on the safe,573efficient operation of the Nation's transportation systems and574infrastructure.575 If I am fortunate to be confirmed as Deputy Secretary of576Transportation, I will devote myself to helping the Secretary promote577transportation safety and efficiency through faithful application of578the legal authorities and resources granted by Congress in accordance579with the Constitution and the policy directions of the President.580 Of particular importance in light of the terrible aviation crashes581experienced in recent days, I believe I can effectively assist the582Secretary as he works with the FAA and Congress to upgrade our Nation's583air traffic control operations and improve the effectiveness of FAA's584safety oversight and enforcement.585 I would also expect to assist the Secretary in advancing smart586regulatory reforms that maintain competitive markets and incentives to587innovate consistent with the law, as well as promoting cost-beneficial588infrastructure improvements of national importance in accordance with589the authorizations and appropriations provided by Congress.590 And I would expect to help the Secretary achieve improved overall591outcomes for the Department with greater systems efficiencies and lower592costs and to eliminate unnecessary policy requirements that detract593from the Department's ability to carry out its primary safety mission594efficiently and effectively.595 In all these endeavors, I would be an advocate for transparency596with Congress and the public, and I would stress the importance of597maintaining consistently open and candid channels of communication with598Congress, including with this Committee and the other Committees with599jurisdiction over DOT.600 I pledge to you that, if confirmed, I will bring these values to601work with me every day at the Department of Transportation.602 With this Committee's consent, I am eager to partner with Secretary603Duffy to get to work for the American people.604 Thank you, Mr. Chairman. That concludes my statement, and I would605be happy to answer the Committee's questions.606 ______607608 a. biographical information609 1. Name (include any former names or nicknames used):610611 Steven Gill (``Steve'') Bradbury.612 Former name used: Steven Dean Bradbury, 1958-1986 (judicial613 name change, July 15, 1986).614615 2. Position to which nominated: Deputy Secretary of Transportation.616 3. Date of Nomination: January 22, 2025.617 4. Address (list current place of residence and office addresses):618619 Residence: Information not released to the public.620 Office: The Heritage Foundation, 214 Massachusetts Avenue,621 N.E., Washington, D.C. 20002622623 5. Date and Place of Birth: September 12, 1958; Portland, Oregon.624 6. Provide the name, position, and place of employment for your625spouse (if married) or domestic partner, and the names and ages of your626children (including stepchildren and children by a previous marriage).627628 Spouse: Hilde Elisabeth Kahn. Occupation: Homemaker and629 community volunteer.630 Children: James, 30; Will, 29; Susanna, 26.631632 7. List all college and graduate schools attended, whether or not633you were granted a degree by the institution. Provide the name of the634institution, the dates attended, the degree received, and the date of635the degree.636637 University of Michigan Law School, Ann Arbor, Michigan--1985-638 1988.639 J.D., magna cum laude, May 1988.640641 Stanford University, Stanford, California--1976-1980.642 B.A., English, June 1980.643644 Lincoln College, Oxford University, Oxford, England--1979.645 Tutorial study in Theory of Knowledge.646647 8. List all post-undergraduate employment, including the job title,648name of employer, and inclusive dates of employment, and highlight all649management-level jobs held and any non-managerial jobs that relate to650the position for which you are nominated.651652 December 2022-Present:653 Distinguished Fellow654 The Heritage Foundation (public policy think tank)655 214 Massachusetts Avenue, N.E.656 Washington, D.C. 20002657658 * My work for The Heritage Foundation has involved, among659 other things, writing, speaking, and testifying on660 transportation-related public policy matters, including the661 regulatory authorities of DOT and other Federal agencies.662663 November 2017-January 2021:664 General Counsel665 U.S. Department of Transportation666 1200 New Jersey Avenue, S.E.667 Washington, D.C. 20590668669 (During my tenure as General Counsel, I also served as Acting670 Secretary of Transportation in Jan. 2021, as Acting Deputy671 Secretary from Sept. 2019 to Dec. 2019, and as the President's672 designee in performing the functions and duties of the Office673 of Deputy Secretary from Sept. 2019 until Jan. 2021.)674675 * My work at DOT gave me extensive management experience with676 the en-tire Department and extensive substantive knowledge of677 DOT's functions, duties, and authorities.678679 July 2009-November 2017:680 Partner681 Dechert LLP (law firm)682 1900 K Street, N.W.683 Washington, D.C. 20006684685 * My practice at Dechert included, among other things,686 representing clients in various transportation-related sectors687 and in matters before DOT and other regulatory agencies, and it688 involved managing teams of attorneys on complex cases.689690 April 2004-January 2009:691 Principal Deputy Assistant Attorney General692 Office of Legal Counsel693 U.S. Department of Justice694 950 Pennsylvania Avenue, N.W.695 Washington, D.C. 20530696697 (During my tenure as Principal Deputy AAG, I also served as the698 Acting Assistant Attorney General of OLC for ten days in Feb.699 2005 and from my nomination to be the AAG in June 2005 until700 April 2007.)701702 * In this position, I gained significant experience (a)703 managing a busy office of attorneys on a host of important704 legal matters for the President, the Attorney General, and the705 Executive Branch, and (b) testifying before Congress and706 briefing Members of Congress and their staffs on significant707 issues.708709 September 1993-April 2004:710 Partner (Oct. 1994-Apr. 2004)711 Associate (Sept. 1993-Oct. 1994)712 Kirkland & Ellis LLP (law firm)713 1301 Pennsylvania Avenue, N.W. (current address)714 Washington, D.C. 20004715716 * My practice at Kirkland & Ellis included, among other things,717 representing clients in various transportation-related sectors718 and in matters before DOT and other regulatory agencies, and it719 involved managing teams of attorneys on complex cases.720721 July 1992-July 1993:722 Law Clerk to Justice Clarence Thomas723 Supreme Court of the United States724 1 First Street, N.E.725 Washington, D.C. 20543726727 July 1991-July 1992:728 Attorney-Adviser Office of Legal Counsel729 U.S. Department of Justice730 950 Pennsylvania Avenue, N.W.731 Washington, D.C. 20530732733 July 1990-July 1991:734 Law Clerk to Judge James L. Buckley735 U.S. Court of Appeals for the D.C. Circuit736 333 Constitution Avenue, N.W.737 Washington, D.C. 20001738739 September 1988-July 1990:740 Associate741 Covington & Burling LLP (law firm)742 850 10th Street, N.W. (current address)743 Washington, D.C. 20001744745 May 1987-July 1987:746 Summer Associate747 Covington & Burling LLP (law firm)748 850 10th Street, N.W. (current address)749 Washington, D.C. 20001750751 May 1986-August 1986:752 Summer Associate753 Miller Nash LLP (law firm) (current name)754 1140 SW Washington Street, Suite 700 (current address)755 Portland, OR 97205756757 September 1983-August 1985:758 Legal Assistant759 Davis Polk & Wardwell LLP (law firm)760 450 Lexington Avenue (current address)761 New York, NY 10017762763 November 1981-September 1983:764 Assistant Editor (Feb. 1983-Sept. 1983)765 Editorial Assistant (Nov. 1981-Feb. 1983)766 Avon Books, then a Division of the Hearst Corporation767 (Now part of HarperCollins Publishers)768 195 Broadway (current address)769 New York, NY 10007770771 August 1981-October 1981:772 Waiter & Bus Boy773 Off Broadway Company (restaurant)774 Then located near West 69th Street & Broadway775 New York, NY776 (No longer in business)777778 April 1981-June 1981:779 Waiter780 Le Cafe Meursault (restaurant)781 Palo Alto, CA782 (No longer in business)783784 September 1980-October 1980:785 Food Service (sandwich maker)786 Stanford Coffee House787 Tresidder Student Union788 Stanford University789 Stanford, CA 94305790791 June 1980-September 1980:792 Installer of insulation blankets for water heaters in793 university housing794 Stanford Conservation Center795 Stanford University796 Stanford, CA 94305797798 9. Attach a copy of your resume.799 Resume attached.800 10. List any advisory, consultative, honorary, or other part-time801service or positions with Federal, State, or local governments, other802than those listed above after 18 years of age.803804 Chair, Board of Directors, Union Station Redevelopment805 Corporation, 9/2019-1/2021.806807 Member, Management Advisory Committee, Federal Aviation808 Administration, 9/2019-1/2021.809810 Regulatory Policy Officer, U.S. Department of Transportation,811 11/2017-1/2021.812813 11. List all positions held as an officer, director, trustee,814partner, proprietor, agent, representative, or consultant of any815corporation, company, firm, partnership, or other business, enterprise,816educational, or other institution.817818 Distinguished Fellow, The Heritage Foundation, 12/2022 to819 present.820821 Volunteer, Trump-Vance Transition, Inc., 12/2024-1/2025.822823 Member, The Federalist Society, intermittently 1993-2017, 7/824 2024 to present.825826 Consultant, Mosaic Research Management, 3/2023.827828 Consultant, TIG Advisors LLC, 3/2023.829 Chair, Board of Directors, Union Station Redevelopment830 Corporation, 9/2019-1/2021.831832 Member, Management Advisory Committee, Federal Aviation833 Administration, 9/2019-1/2021.834835 Regulatory Policy Officer, U.S. Department of Transportation,836 11/2017-1/2021.837838 Partner, Dechert LLP, 7/2009-11/2017.839840 Chair (9/2015-6/2017) and member (9/2012-6/2017), Editorial841 Board for Annual Review of Antitrust Law Developments, ABA842 Section of Antitrust Law.843844 Member, Capital Markets Litigation Advisory Committee, U.S.845 Chamber of Commerce Litigation Center, 5/2012-6/2017.846847 Chair, International Law Working Group, John Hay Initiative, 5/848 2015-6/2017.849850 Member, National Security Law Working Group, The Heritage851 Foundation, 2/2012-6/2017 and 1/2023-Present.852853 12. List all memberships you have had after 18 years of age or854currently hold with any civic, social, charitable, educational,855political, professional, fraternal, benevolent or religiously856affiliated organization, private club, or other membership organization857(You do not have to list your religious affiliation or membership in a858religious house of worship or institution). Include dates of membership859and any positions you have held with any organization. Please note860whether any such club or organization restricts membership on the basis861of sex, race, color, religion, national origin, age, or disability.862863 Verse Condominium Association, Tysons, VA; resident unit owner,864 1/2020 to present.865866 D.C. Bar, member since 12/1988.867868 American Bar Association; member, 1988-1992 and 2009 to869 present.870871 ABA Section of Antitrust Law, Editorial Board for Annual Review872 of Antitrust Law Developments; Chair, 9/2015-6/2017, and873 member, 9/2012-6/2017.874875 U.S. Chamber of Commerce Litigation Center, Capital Markets876 Litigation Advisory Committee; member, 5/2012-6/2017.877878 Federalist Society; member off and on beginning in 1993 and879 currently; was not a member while serving in government.880881 The Heritage Foundation, National Security Law Working Group;882 participating member, 2/2012-6/2017 and 1/2023 to present.883884 John Hay Initiative, International Law Working Group; chair, 5/885 2015-6/2017.886887 Alexander Hamilton Society; member, 2012-2014.888889 Supreme Court Historical Society; member, 2013.890891 Stanford University Alumni Association; member since 1980.892893 Michigan Law School Alumni Association; member since 1988.894895 Chesterbrook Swim and Tennis Club (community pool and tennis896 courts in McLean, VA); member, 6/2008-3/2013.897898 River Falls Community Center Association, Inc. (community pool899 and tennis courts in Potomac, MD); member, 8/1996-9/2007.900901 Civic Association of River Falls; member, 8/1996-9/2007.902903 Registered member of the Republican Party.904905 Virginia Republican Party; currently a member.906907 Maryland Republican Party; was a member while living in MD908 (until 2007).909910 * To my knowledge, no organization of which I have been a911 member has ever had a policy of restricting membership on the912 basis of sex, race, color, religion, national origin, age, or913 disability.914915 13. Have you ever been a candidate for and/or held a public office916(elected, non-elected, or appointed)? If so, indicate whether any917campaign has any outstanding debt, the amount, and whether you are918personally liable for that debt.919 As listed above, I have held appointed office in the U.S.920Department of Transportation and the U.S. Department of Justice, and I921have served as a law clerk to two Federal judges. I have not campaigned922for public office and do not have any campaign debt.923 14. List all memberships and offices held with and services924rendered to, whether compensated or not, any political party or925election committee within the past ten years. If you have held a paid926position or served in a formal or official advisory position (whether927compensated or not) in a political campaign within the past ten years,928identify the particulars of the campaign, including the candidate, year929of the campaign, and your title and responsibilities.930 I served as a volunteer consultant to the Trump-Vance Transition,931Inc., 12/2024-1/2025.932 I served as a volunteer attorney for the Romney Victory, Inc.,933campaign in Colorado on Election Day in 2012.934 15. Itemize all political contributions to any individual, campaign935organization, political party, political action committee, or similar936entity of $200 or more for the past ten years.937 I have made the following political contributions of $200 or more938in the last 15 years:93994009/27/2016 $1,000 National Republican Senatorial941 Committee94202/21/2016 $2,700 Marco Rubio for President94306/18/2015 $2,700 JEB2016, Inc.94404/30/2014 $250 Cotton for Senate94509/19/2012 $2,500 Romney Victory, Inc.94605/08/2012 $500 Ted Cruz for Senate94709/14/2011 $1,500 Romney for President94807/26/2011 $1,000 Romney for President94907/22/2010 $ 300 Nat'l Republican Congressional950 Committee95102/24/2010 $1,000 National Republican Senatorial952 Committee953954 16. List all scholarships, fellowships, honorary degrees, honorary955society memberships, military medals, and any other special recognition956for outstanding service or achievements.957958 The Heritage Foundation's Drs. W. Glenn and Rita Ricardo959 Campbell Award for Outstanding Contribution to the Analysis and960 Promotion of the Free Society, 2024.961962 Secretary of Transportation's Distinguished Service Award for963 Leading DOT's Response to the COVID-19 National Public Health964 Emergency, 2020.965966 Edmund J. Randolph Award for Outstanding Service to the U.S.967 Department of Justice, 2007.968969 Secretary of Defense Medal for Outstanding Public Service, Nov.970 2006. National Security Agency's Intelligence Under Law Award,971 May 2008.972973 Director of National Intelligence's 2007 Intelligence Community974 Legal Award (Team of the Year, FISA Modernization).975976 Criminal Division's Award for Outstanding Law Enforcement977 Partnerships, U.S. Department of Justice, Nov. 2006.978979 Included in the list of Washington's top 40 lawyers under the980 age of 40, Washingtonian Magazine, Aug. 1998.981982 J.D., Magna Cum Laude, University of Michigan Law School, May983 1988.984985 Order of the Coif, University of Michigan Law School, 1988.986987 Article Editor, Michigan Law Review, 1987-1988.988989 Dean's 1987-1988 Law Review Award for Outstanding Contribution990 to the Michigan Law Review.991992 Book Awards for Top Grade in Law School Classes: Administrative993 Law, Civil Procedure II, and Legal Process.994995 Supreme Court Clerkship, Justice Clarence Thomas, Oct. Term996 1992.997998 D.C. Circuit Clerkship, Judge James L. Buckley, 1990-1991.9991000 Received Full-Tuition Financial-Aid Awards from Stanford1001 University.10021003 Student Body President, Washington High School, Portland, OR,1004 1976.10051006 Voted Class Leader, Washington High School, Portland, OR, 1976.10071008 Physics Award, Washington High School, Portland, OR, 1976.10091010 National Merit Scholarship Letter of Commendation, Washington1011 High School, Portland, OR, 1976.10121013 Officer, Honor Society, Washington High School, Portland, OR,1014 1975-1976.10151016 17. List all books, articles, columns, letters to the editor,1017Internet blog postings, or other publications you have authored,1018individually or with others. Include a link to each publication when1019possible. If a link is not available, provide a digital copy of the1020publication when available.10211022 Steven G. Bradbury, Commentary, CAFE Duplicite: Disinformation1023 in Fuel Economy Regulation, The Heritage Foundation (Aug. 26,1024 2024).10251026 Steven G. Bradbury, Commentary, Democracy and the Abuses of Our1027 Ruling Elites, The Heritage Foundation (June 27, 2024).10281029 Steven G. Bradbury, Commentary, Major Questions Raised by EPA's1030 EV Mandates, The Heritage Foundation (June 5, 2024).10311032 S.G. Bradbury, Observation: When a Man Loves a Woman,1033 SGBradbury1034 .Medium.com (May 12, 2024).10351036 Steven G. Bradbury, Commentary, Sayonara Chevron, The Daily1037 Signal (Apr. 15, 2024).10381039 Steven G. Bradbury, Commentary, Secretary Mayorkas Deserves To1040 Be Impeached, The Heritage Foundation (Mar. 12, 2024)1041 (reprinted & expanded).10421043 Steven G. Bradbury, California's Ruinous (and Unlawful) Assault1044 on America's Trucking Industry, The Heritage Foundation, Legal1045 Memorandum No. 350 (Feb. 13, 2024).10461047 Steven G. Bradbury, Evaluation of the Competing House Bills on1048 FISA Reform: The Good, the Bad, and the Ugly, The Heritage1049 Foundation, Backgrounder No. 3812 (Feb. 12, 2024).10501051 Steven G. Bradbury, Letter to the Editor, ``Secretary Mayorkas1052 Deserves to Be Impeached,'' Wall Street Journal (Feb. 11,1053 2024).10541055 Steven G. Bradbury, Update: EPA Prepares the Way for1056 California's In-Use Locomotive Regulation, Washington Legal1057 Foundation, WLF Legal Pulse (Nov. 7, 2023).10581059 Steven G. Bradbury, Commentary, Virginia Should Make Its Own1060 Decisions About EVs, The Heritage Foundation (Oct. 20, 2023)1061 (reprinted).10621063 Steven G. Bradbury, Op-Ed, Virginia Should Make Its Own1064 Decisions About EVs, The Viginian-Pilot (Oct. 18, 2023).10651066 Steven G. Bradbury, Commentary, Congress Must Take California1067 Out of the Driver's Seat on Electric Car Mandates, The Heritage1068 Foundation (Oct. 3, 2023).10691070 Steven G. Bradbury, Train Wreck Comin': Now California Wants to1071 Dictate Locomotive Technology for Our Nation's Rail System, The1072 Heritage Foundation, Legal Memorandum No. 341 (Sept. 28, 2023)1073 (reprinted and reformatted).10741075 Steven G. Bradbury, California's Attempt to Dictate Locomotive1076 Technology for Our National Rail System Unlawfully Conflicts1077 with Federal Law, Washington Legal Foundation, Legal1078 Backgrounder, Vol. 38, No. 14 (Sept. 8, 2023).10791080 Steven G. Bradbury, Tribute, Judge James L. Buckley: An1081 Inspiring Life of Service and Faith, National Review, The1082 Corner (Aug. 18, 2023).10831084 Steven G. Bradbury, Commentary, How to Fix the FBI, The1085 Heritage Foundation (July 12, 2023) (reprinted).10861087 Steve Bradbury, Commentary, How to Fix the FBI, The Daily1088 Signal (July 10, 2023).10891090 Steven G. Bradbury, How to Fix the FBI, The Heritage1091 Foundation, Backgrounder No. 3777 (July 10, 2023).10921093 Steven G. Bradbury, Commentary, We Must Reform America's1094 Politicized Law Enforcement. Here's How to Start., The Heritage1095 Foundation (June 12, 2023) (reprinted).10961097 Steve Bradbury, Commentary, We Must Reform America's1098 Politicized Law Enforcement. Here's How to Start., The Daily1099 Signal (June 9, 2023).11001101 Steven G. Bradbury, Impeachable High Crimes and Misdemeanors:1102 Not Limited to Criminal Offenses, The Heritage Foundation,1103 Backgrounder No. 3756 (Mar. 23, 2023).11041105 Hans A. von Spakovsky, Lora Ries, & Steven G. Bradbury,1106 Commentary, Angry Federal Judge Orders Biden's DHS: End Mass1107 Parole of Illegal Aliens, The Heritage Foundation (Mar. 16,1108 2023) (reprinted).11091110 Hans A. von Spakovsky, Lora Ries, & Steve Bradbury, Commentary,1111 Angry Federal Judge Orders Biden's DHS: End Mass Parole of1112 Illegal Aliens, The Daily Signal (Mar. 13, 2023).11131114 Steven G. Bradbury, Commentary, Impeaching Mayorkas: The1115 House's Duty, The Heritage Foundation (Feb. 17, 2023)1116 (reprinted).11171118 Steve Bradbury, Commentary, Impeaching Mayorkas: The House's1119 Duty, The Daily Signal (Feb. 15, 2023).11201121 Hans A. von Spakovsky, Lora Ries, & Steven G. Bradbury,1122 Commentary, Impeaching Mayorkas Is a Must, He Violated His Oath1123 and Committed ``High Crimes and Misdemeanors,'' The Heritage1124 Foundation (Feb. 15, 2023) (reprinted).11251126 Hans A. von Spakovsky, Lora Ries, & Steven G. Bradbury,1127 Opinion, ``Im-peaching Mayorkas is a must, he violated his oath1128 and committed `high Crimes and Misdemeanors','' FoxNews.com1129 (Feb. 13, 2023).11301131 Hans A. von Spakovsky, Lora Ries, & Steven G. Bradbury, The1132 Case for Impeachment of Alejandro Nicholas Mayorkas, Secretary1133 of Homeland Security, The Heritage Foundation, Special Report1134 No. 266 (Feb. 6, 2023).11351136 Steve Bradbury, Commentary, Case for Impeaching Mayorkas Over1137 Border Crisis Is Clear, Compelling, The Daily Signal (Feb. 2,1138 2024).11391140 Steven G. Bradbury, Commentary, California's Radical Effort to1141 Transform America's Auto Industry: Not Your Forefathers' Idea1142 of Federalism, The Heritage Foundation (Jan. 30, 2023)1143 (reprinted).11441145 Steven G. Bradbury, Commentary, Biden's California Waiver: An1146 Assault on Federalism, The Heritage Foundation (Jan. 27, 2023)1147 (reprinted).11481149 Steve Bradbury, Commentary, California's Radical Effort to1150 Transform America's Auto Industry: Not Your Forefathers' Idea1151 of Federalism, The Daily Signal (Jan. 27, 2023).11521153 Steven G. Bradbury, Op-Ed, Biden's California Waiver: An1154 Assault on Federalism, The Washington Times (Jan. 25, 2023).11551156 S.G. Bradbury, Appreciation: Just Like a Ringin' a Bell,1157 SGBradbury1158 .Medium.com (Sept. 29, 2022).11591160 S.G. Bradbury, Observation: Cliff Notes, Adespotoi.Substack.com1161 (Sept. 16, 2022).11621163 S.G. Bradbury, Observation: Revalidating the Electoral Count1164 Act, Adespotoi1165 .Substack.com (Aug. 17, 2022).11661167 S.G. Bradbury, Rumination: A Commission for KBJ,1168 Adespotoi.Substack.com (Apr. 28, 2022).11691170 S.G. Bradbury, Observation: Will Smith in the Briar Patch,1171 SGBradbury1172 .Medium.com (Apr. 19, 2022).11731174 S.G. Bradbury, Observation: The Prevalent Confusion of Number,1175 SGBradbury1176 .Medium.com (Jan. 15, 2022).11771178 S.G. Bradbury, Essay: Through the Wilderness with Sam Grant,1179 SGBradbury1180 .Medium.com (Jan. 9, 2022) (reprinted).11811182 S.G. Bradbury, Essay: Through the Wilderness with Sam Grant1183 (Abridged), Adespotoi.Substack.com (Jan. 9, 2022).11841185 S.G. Bradbury, Essay: Through the Wilderness with Sam Grant1186 (Complete) (Part 9 of 9), Adespotoi.Substack.com (Nov. 21,1187 2021).11881189 S.G. Bradbury, Essay: Through the Wilderness with Sam Grant1190 (Complete) (Part 8 of 9), Adespotoi.Substack.com (Nov. 21,1191 2021).11921193 S.G. Bradbury, Essay: Through the Wilderness with Sam Grant1194 (Complete) (Part 7 of 9), Adespotoi.Substack.com (Nov. 21,1195 2021).11961197 S.G. Bradbury, Essay: Through the Wilderness with Sam Grant1198 (Complete) (Part 6 of 9), Adespotoi.Substack.com (Nov. 21,1199 2021).12001201 S.G. Bradbury, Essay: Through the Wilderness with Sam Grant1202 (Complete) (Part 5 of 9), Adespotoi.Substack.com (Nov. 21,1203 2021).12041205 S.G. Bradbury, Essay: Through the Wilderness with Sam Grant1206 (Complete) (Part 4 of 9), Adespotoi.Substack.com (Nov. 21,1207 2021).12081209 S.G. Bradbury, Essay: Through the Wilderness with Sam Grant1210 (Complete) (Part 3 of 9), Adespotoi.Substack.com (Nov. 21,1211 2021).12121213 S.G. Bradbury, Essay: Through the Wilderness with Sam Grant1214 (Complete) (Part 2 of 9), Adespotoi.Substack.com (Nov. 21,1215 2021).12161217 S.G. Bradbury, Essay: Through the Wilderness with Sam Grant1218 (Complete) (Part 1 of 9), Adespotoi.Substack.com (Nov. 21,1219 2021).12201221 S.G. Bradbury, Observation: Coca-Cola, What Were You Thinking?,1222 SGBradbury1223 .Medium.com (Oct. 8, 2021).12241225 S.G. Bradbury, Rumination: The Problem Is Not ``180ism'',1226 Adespotoi1227 .Substack.com (Aug. 15, 2021).12281229 S.G. Bradbury, Rumination: Dr. Seuss in the Dock,1230 Adespotoi.Substack.com (July 27, 2021).12311232 S.G. Bradbury, Appreciation: Celebrating Justice Thomas's 301233 Years on the Supreme Court, Adespotoi.Substack.com (July 26,1234 2021).12351236 S.G. Bradbury, Appreciation: Fire on the Mountain, a Musical1237 Intervention, SGBradbury.Medium.com (July 24, 2021).12381239 S.G. Bradbury, Rumination: The USA PATRIOT Act,1240 Adespotoi.Substack.com (July 24, 2021).12411242 S.G. Bradbury, Rumination: The Rules Governing Offensive Cyber1243 Operations, Adespotoi.Substack.com (July 24, 2021).12441245 S.G. Bradbury, Appreciation: Toward Reason in Capital1246 Sentencing, Adespotoi.Substack.com (July 23, 2021).12471248 S.G. Bradbury, Appreciation: The Perfect OLC Opinion,1249 Adespotoi.Substack.com (July 6, 2021).12501251 S.G. Bradbury, Appreciation: The Greatest Example of Heads-Up1252 Base Running, SGBradbury.Medium.com (June 7, 2021).12531254 S.G. Bradbury, Appreciation: Facadism in the Nation's Capital,1255 Adespotoi.Substack.com (May 18, 2021) (reprinted same day in1256 SGBradbury1257 .Medium.com).12581259 S.G. Bradbury, Rumination: Nature and the Human Environment,1260 Adespotoi.Substack.com (May 4, 2021) (reprinted same day in1261 SGBradbury1262 .Medium.com).12631264 S.G. Bradbury, Appreciation: Edward Gibbon,1265 Adespotoi.Substack.com (Apr. 7, 2021) (reprinted same day in1266 SGBradbury.Medium.com).12671268 S.G. Bradbury, Appreciations: George Catlin & Francis Parkman,1269 Adespotoi1270 .Substack.com (Apr. 7, 2021) (reprinted same day in1271 SGBradbury.Medium.com).12721273 S.G. Bradbury, Essay: A Physicalist Sutra,1274 Adespotoi.Substack.com (Apr. 6, 2021) (reprinted).12751276 S.G. Bradbury, Essay: A Physicalist Sutra,1277 SGBradbury.Medium.com (Feb. 4, 2021).12781279 Steven G. Bradbury, ``National Security and the `New Yellow1280 Press','' published as chapter 11 in Journalism After Snowden:1281 The Future of the Free Press in the Surveillance State, p.1721282 (Emily Bell, Taylor Owen, et al., eds., Columbia Journalism1283 Review Books, Columbia Univ. Press 2017).12841285 Steven G. Bradbury, Justice Thomas and the Second Amendment:1286 Protecting Liberty and Promoting Equal Justice,1287 JusticeThomas.com (Oct. 24, 2016).12881289 Steven Gill Bradbury, ``Celebrating Justice Thomas's 25 Years1290 of Service on the Supreme Court,'' Letter of Tribute Addressed1291 to Sen. Orrin G. Hatch, Senate Committee on the Judiciary1292 (Sept. 16, 2016) (published in the Congressional Record).12931294 Steven G. Bradbury, Opinion, ``Clarence Thomas's 25 years on1295 the Supreme Court are a triumph of perseverance,'' FoxNews.com1296 (June 27, 2016).12971298 John Hay Initiative International Law Working Group, Chaired by1299 Steven G. Bradbury, ``Update on China's Expansion in the South1300 China Sea'' (May 6, 2016) (no digital copy found).13011302 John Hay Initiative International Law Working Group, Chaired by1303 Steven G. Bradbury, ``JHI Backgrounder: China's Maritime1304 Expansion in the South and East China Seas'' (Sept. 21, 2015)1305 (no digital copy found).13061307 Steven G. Bradbury, Balancing Privacy and Security, Harv. J.L.1308 & Pub. Pol'y (Federalist Ed.), Vol. 2, No. 1, p.5 (Winter1309 2015).13101311 Steven G. Bradbury, Op-Ed, ``Opposing view: Preserve this1312 critical tool [NSA telephone metadata program],'' USA Today,1313 p.10A (Mar. 28, 2014).13141315 Steven G. Bradbury, Op-Ed, ``Don't limit the NSA's1316 effectiveness,'' Wash. Post, p.A13 (Jan. 5, 2014).13171318 Michael B. Mukasey, Steven G. Bradbury, & David B. Rivkin Jr.,1319 Op-Ed, ``An ill-founded ruling against the NSA,'' Wash. Post,1320 p.A27 (Dec. 20, 2013).13211322 Steven G. Bradbury, Understanding the NSA Programs: Bulk1323 Acquisition of Telephone Metadata Under Section 215 and1324 Foreign-Targeted Collection Under Section 702, Lawfare Research1325 Paper Series, Vol. 1, No. 3 (Sept. 1, 2013).13261327 Steven G. Bradbury, Op-Ed, ``The use of phone data:1328 Constraining the NSA would make Americans less safe,'' Wash.1329 Post, p.A15 (July 23, 2013).13301331 Steven G. Bradbury, Op-Ed, ``Opposing view: `The system works1332 well as it is': FISA court judges serve the rule of law,'' USA1333 Today, p.8A (July 19, 2013).13341335 Thomas P. Vartanian & Steven G. Bradbury, How to Fight Back1336 Against Bad Agency Decisions, American Banker BankThink (Jan.1337 16, 2013).13381339 Steven G. Bradbury, Anticipating How the U.S. Supreme Court May1340 Rethink Fraud-on-the-Market Standards for Securities Class1341 Actions, Bloomberg BNA (Aug. 24, 2012).13421343 George G. Gordon & Steven G. Bradbury, K-Dur: The Rejection of1344 ``Scope of the Patent'' Test, Law360 (July 24, 2012).13451346 Co-Author (with several other Dechert LLP partners), FTC1347 Recommends Improvements to Patent System, Intellectual Prop. &1348 Tech'y L.J. (June 2011).13491350 Timothy C. Blank, Steven G. Bradbury, & Christopher R.1351 Boisvert, The Dawn of Internet Privacy?, Law360 (Apr. 22,1352 2011).13531354 Steven G. Bradbury, Keynote Address, The Developing Legal1355 Framework for Defensive and Offensive Cyber Operations, 2 Harv.1356 Nat'l Sec. J. 629 (Mar. 2011)13571358 Steven G. Bradbury & John P. Elwood, Op-Ed, ``Recess is1359 canceled: President Obama should call the Senate's bluff,''1360 Wash. Post, p.A19 (Oct. 15, 2010).13611362 Steven G. Bradbury, After further review, NFL's ``Hail Mary''1363 pass ruled incomplete: Supreme Court holds NFL's joint1364 trademark licensing subject to Section 1 of the Sherman Act,1365 Lexology (May 28, 2010).13661367 Steven G. Bradbury, Guest Commentary, Supreme Observations:1368 American Needle v. NFL, Washington Legal Foundation, WLF Legal1369 Pulse (May 24, 2010).13701371 Steven G. Bradbury, Gearing up for American Needle v. NFL,1372 Law360 (Jan. 11, 2010).13731374 Steven G. Bradbury & Grant M. Dixton, Court Ruling Wrongly1375 Creates New Right to Sue Telecom Companies, Washington Legal1376 Foundation, Legal Opinion Letters, Vol. 12 No. 22 (Aug. 30,1377 2002) (discussing Law Offices of Curtis V. Trinko, LLP v. Bell1378 Atlantic Corp., 294 F.3d 307 (2d Cir. 2002), a case later1379 reversed by the Supreme Court).13801381 Steven Bradbury & Kelion Kasler, Kirkland & Ellis, Verizon1382 Communications: The Merger of Bell Atlantic and GTE, published1383 in Corporate Finance, Global M&A Yearbook 2000: New Strategies1384 in M&A, p.47 (Nov. 2000) (no digital copy found).13851386 Steven G. Bradbury, Paul T. Cappuccio & Patrick F. Philbin,1387 Kirkland & Ellis, Telecommunications, published in1388 International Financial Law Review, United States: A Legal1389 Guide, p.33 (June 1998).13901391 Steven G. Bradbury, Paul T. Cappuccio & Patrick F. Philbin,1392 Kirkland & Ellis, United States, published in International1393 Financial Law Review, Tele-communications: An International1394 Legal Guide, p.69 (Aug. 1997).13951396 Steven G. Bradbury, The Unconstitutionality of Qui Tam Suits,1397 The Federalist Society, Federalism & Separation of Powers News,1398 Vol. 1 No. 1 (Fall 1996) (discussing pending cert. petition in1399 Hughes Aircraft Co. v. United States ex rel. Schumer) (no1400 digital copy found).14011402 Steven G. Bradbury, Original Intent, Revisionism, and the1403 Meaning of the CGL [Comprehensive General Liability Insurance]1404 Policies, 1 Environmental Claims J. 279 (Spring 1989).14051406 Note, Corporate Auctions and Directors' Fiduciary Duties: A1407 Third-Generation Business Judgment Rule, 87 Mich. L. Rev. 2761408 (1988).14091410 Book Note, 85 Mich. L. Rev. 941 (1987) (reviewing The Moral1411 Dimensions of Politics, by Richard J. Regan, S.J. (Oxford Univ.1412 Press 1986)).14131414 A Cattleman's Calling (short story), published in The Hoboken1415 Terminal, Vol. 1 No. 1 (Spring 1982) (no digital copy found).14161417 * In addition to the publications listed above: (a) I signed1418numerous memoranda, orders, and notices of rulemaking actions on behalf1419of the U.S. Department of Transportation in my official capacity as1420General Counsel of DOT from 2017 to 2021 which were posted on the DOT1421website at www.transportation.gov or published in the Federal Register;1422(b) I signed numerous legal opinions for the Office of Legal Counsel1423(OLC) of the U.S. Department of Justice during my tenure as Principal1424Deputy and Acting AAG of OLC from 2004 to 2009, many of which can be1425found at www.justice.gov/olc/opinions-main and www.justice.gov/olc/olc-1426foia-electronic-reading-room.; and (c) as an attorney in private1427practice at the law firm Dechert LLP from 2009 to 2017 and at the law1428firm Kirkland & Ellis LLP from 1993 to 2004, I filed numerous briefs1429and other court filings and I assisted in preparing numerous online1430client alerts on a variety of legal topics, including several which1431were posted on the Dechert LLP website at www.dechert.com.14321433 18. List all speeches, panel discussions, and presentations (e.g.,1434PowerPoint) that you have given on topics relevant to the position for1435which you have been nominated. Include a link to each publication when1436possible. If a link is not available, provide a digital copy of the1437speech or presentation when available.1438 Note: I have given many speeches, panel presentations, and other1439public remarks, mostly addressed to legal and public policy matters not1440directly relevant to DOT or the position of Deputy Secretary of1441Transportation. The following is the most complete list I could compile1442of my speeches, panel discussions, and presentations. Those marked with1443an asterisk (*) concerned topics of potential relevance to DOT:14441445 * Panel Speaker, ``Panel One: Does Deference Make a Difference?1446 The Effect of Loper Bright and Relentless on Business,'' The1447 Future of Business Lawyering Conference, The Federalist1448 Society, In-House Counsel Network, Nashville, TN (Sept. 27,1449 2024) (no digital copy found).14501451 * Panel Speaker, The Future of the Executive State, The1452 Heritage Foundation, Washington, D.C. (Sept. 25, 2024).14531454 Panel Moderator, Weaponization of U.S. Government Symposium,1455 The Heritage Foundation, Washington, D.C. (Apr. 9, 2024).14561457 * Debate with Prof. Ron Levin re Should the Supreme Court1458 Repudiate Chevron Deference?, Washington University Law School1459 Federalist Society Chapter, St. Louis, MO (Mar. 28, 2024) (no1460 digital copy found).14611462 * Panel Speaker, Assessing the Biden EPA's Vehicle and Power1463 Plant Rules, Florida International Univ. Environment Forum, FIU1464 Law School, Miami, FL (Feb. 23, 2024).14651466 * Panel Speaker, The Administrative State, Its Supporters and1467 Its Discontents, The Federalist Society, National Lawyers1468 Conference, Washington, D.C. (Nov. 10, 2023).14691470 Guest Speaker re Biden Administration Regulatory Policies,1471 Valis Network Event, Washington, D.C. (Oct. 31, 2023) (no1472 digital copy found).14731474 Panel Speaker, DOJ, FBI, & the Trump Indictment, Meese Center1475 Legal Strategy Forum, The Heritage Foundation, Washington, D.C.1476 (Oct. 26, 2023) (no digital copy found).14771478 Panel Speaker, The Trump Indictments: Is the Justice System1479 Rigged?, The Heritage Foundation, Washington, D.C. (Oct. 6,1480 2023).14811482 * Panel Speaker, The Big Government Car Theft, The Heritage1483 Foundation, Washington, D.C. (June 12, 2023).14841485 Panel Speaker, The Role of Executive Branch Lawyers and the1486 Presidential Records Act Compliance, The Federalist Society,1487 Executive Branch Review Conference, Washington, D.C. (Apr. 25,1488 2023).14891490 * Panel Speaker, The Administration of Antitrust: The FTC and1491 the Rule of Law, Global Antitrust Institute & C. Boyden Gray1492 Center for the Study of the Administrative State, Scalia Law1493 School, George Mason University (Oct. 14, 2022).14941495 Panel Speaker, Event on Bipartisan Consensus on Elections1496 Legislation and Results (Addressing Proposals to Amend the1497 Electoral Count Act and the Presidential Transition Act),1498 Hosted by the National Institute for Civil Discourse of the1499 University of Arizona, CommonSenseAmerican.org, Washington,1500 D.C. (June 26, 2022).15011502 * Panel Speaker, ``Panel 1--Congress versus the Executive1503 (Emergency Authority, the Border, Regulatory Reform, &1504 Oversight),'' Congress's Interbranch Role: The Executive, the1505 Court, and Dobbs, C. Boyden Gray Center for the Study of the1506 Administrative State, Scalia Law School, George Mason1507 University (held in the Capitol Visitors Center, Washington,1508 D.C.) (May 22, 2022).15091510 * Panel Speaker, Breakout Panel: The Executive Branch's Duty to1511 Enforce, The Federalist Society, Executive Branch Review1512 Conference, Washington, D.C. (May 3, 2022).15131514 * Welcome Address, ABA Forum on Air and Space Law (held1515 virtually) (Sept. 10, 2020) (discussing DOT's response to the1516 COVID-19 public health emergency, with particular focus on the1517 aviation industry and air traffic control operations)1518 (presented in my official capacity as General Counsel of DOT)1519 (no digital copy found).15201521 * Panel Speaker, ``Panel 3--Reform from the Field: Codifying1522 the Administration's Best Practices,'' U.S. Department of1523 Justice Summit on Modernizing the Administrative Procedure Act1524 (Dec. 6, 2019).15251526 * Participant, Joint News Conference of the EPA Administrator1527 and Secretary of Transportation, Fuel Economy Standards and1528 Emissions Limits for New Light-Duty Vehicles--the Need for One1529 Set of Federal Standards, EPA Headquarters, Washington, D.C.1530 (Nov. 19, 2019) (in my official capacity as General Counsel of1531 DOT).15321533 * Participant, Meeting of the National Space Council Chaired by1534 Vice President Pence (Aug. 20, 2019) (in my official capacity1535 on behalf of the Secretary of Transportation).15361537 * Panel Speaker, General Counsels of Federal Agencies, National1538 Republican Lawyers Association Conference (Apr. 5, 2019).15391540 * Remarks, Transportation Research Board (TRB) Annual Meeting,1541 Washington, D.C. (Jan. 13-17, 2019) (presented in my official1542 capacity as General Counsel of DOT) (no digital copy found).15431544 * Panel Speaker, TRB Annual Workshop on Transportation Law,1545 Cleveland, OH (July 22, 2019) (in my official capacity as1546 General Counsel of DOT) (no digital copy found).15471548 * Remarks, Interstate Natural Gas Association of America1549 (INGAA) Washington Update Meeting, Washington, D.C. (2019)1550 (presented in my official capacity as General Counsel of DOT)1551 (no digital copy found).15521553 * Remarks, National Stone, Sand & Gravel Association (NSSGA)1554 Legislative & Policy Forum, Washington, D.C. (Nov. 18-20, 2019)1555 (presented in my official capacity as General Counsel of DOT)1556 (no digital copy found).15571558 * Panel Speaker, ABA Air and Space Law Forum, Chicago, IL1559 (Sept. 27-28, 2018) (in my official capacity as General Counsel1560 of DOT) (no digital copy found).15611562 * Remarks, Announcing the North Dakota Selection for DOT's1563 Unmanned Aircraft Systems (UAS) Pilot Program, North Dakota1564 Capitol Building, Bismarck, ND (May 9, 2018) (in my official1565 capacity as a representative of the Secretary of1566 Transportation).15671568 * Keynote Address, Policy Update on DOT Regulation of1569 Commercial Drones, Association for Unmanned Vehicle Systems1570 International (AUVSI) XPONENTIAL Conference 2018, Colorado1571 Convention Center, Denver, CO (May 1, 2018) (presented in my1572 official capacity as General Counsel of DOT and representative1573 of the Secretary) (no recording found but detailed draft1574 outline of remarks can be provided in digital form from DOT1575 files).15761577 * Panel Speaker, ``Workshop: A Beginner's Guide to1578 Preemption,'' Third-Annual FAA UAS Symposium, 2018, Baltimore1579 Convention Center, Baltimore, MD (Mar. 6, 2018) (in my official1580 capacity as General Counsel of DOT) (no digital copy found).15811582 * Moderator, ``AV Policy Best Practices from All Levels of1583 Government,'' and Closing Remarks, U.S. Department of1584 Transportation Public Listening Summit on Automated Vehicle1585 Policy, DOT Headquarters, Washington, D.C. (Mar. 1, 2018) (in1586 my official capacity as General Counsel of DOT) (no digital1587 copy found).15881589 Panel Presentation, ``How to Shut It Down: Creative Strategies1590 that Ended Government Antitrust Investigations,'' Dechert LLP's1591 2017 Annual Antitrust Spring Seminar, Philadelphia, PA (Apr. 4,1592 2017) (no digital copy found).15931594 Panel Presentation, ``Financial Services Breakfast Briefing:1595 Current Developments Affecting the Fund Industry--Washington1596 Update,'' Investment Company Institute (ICI) 2017 Annual Mutual1597 Funds and Investment Management Legal Conference, Palm Desert,1598 CA (Mar. 14, 2017) (no digital copy found).15991600 Panel Presentation, ``A Term in Review: An Overview of Key1601 Supreme Court Decisions from the 2015 Term & Thoughts About the1602 Upcoming Term,'' Dechert LLP CLE Seminar, Washington, D.C.1603 (Nov. 29, 2016) (no digital copy found).16041605 Panel Presentations, ``A Bitter Pill?: Recent Developments in1606 Pharma''; and ``Antitrust in the Next U.S. Administration,''1607 Dechert LLP's 2016 Annual Antitrust Spring Seminar,1608 Philadelphia, PA (Apr. 13, 2016) (no digital copy found).16091610 Panel Presentation, ``What Every Lawyer Needs to Know About1611 Recent Supreme Court Cases,'' Dechert LLP CLE Seminar,1612 Washington, D.C. (Sept. 16, 2015) (no digital copy found).16131614 Panel Presentation, Dechert LLP's 2015 Annual Antitrust Spring1615 Seminar, Philadelphia, PA (Apr. 28, 2015) (no digital copy1616 found).16171618 Debate Participant, FISA Section 215: A Debate about Its1619 Legality, Usefulness and Civil Liberties, The Heritage1620 Foundation, Washington, D.C. (Mar. 17, 2015) (debating Prof.1621 Laura Donohue of Georgetown Law School).16221623 Remarks, ``The Legal Framework for Cybersecurity,'' Presented1624 to the Legal Department of Raytheon Company, Waltham, MA (Nov.1625 4, 2014) (no digital copy found).16261627 Featured Speaker, IS It Legal? Legal Authority for the Campaign1628 Against the Islamic State, The Federalist Society, D.C. Young1629 Lawyers Chapter, and the Alexander Hamilton Society, Mayflower1630 Hotel, Washington, D.C. (Oct. 22, 2014) (appearing with John B.1631 Bellinger II).16321633 Moderator, Discussion Between Two Former SEC Commissioners1634 Regarding ``Corporate Disclosure Effectiveness: Ensuring a1635 Balanced System [of SEC Disclosure Requirements] that Informs1636 and Protects Investors and Facilitates Capital Formation,''1637 U.S. Chamber of Commerce, Washington, D.C. (July 29, 2014) (no1638 digital copy found).16391640 Panel Speaker, Discussion Regarding Supreme Court's Decision in1641 Utility Air Regulatory Group v. EPA Striking Down EPA Rule on1642 Greenhouse Gas Emissions from Stationary Sources, ABA1643 Administrative Law Section Forum, Washington, D.C. (July 24,1644 2014) (no digital copy found).16451646 Panel Presentation, Dechert LLP, ``So the Government Thinks1647 Your Deal Is Anticompetitive: Restructuring Your Deal to1648 Overcome Antitrust Hurdles,'' Lawline CLE Webinar, New York, NY1649 (June 24, 2014) (no digital copy found).16501651 Video-Recorded Remarks Discussing Supreme Court's Decision in1652 Halliburton Case (Addressing Securities Law Class Action1653 Standards), Federalist Society YouTube Video Series,1654 Washington, D.C. (June 23, 2014).16551656 Panel Speaker, ``Executive Branch Action in a Time of Political1657 Dysfunction?,'' American Constitution Society, Annual1658 Convention, Washington, D.C. (June 20, 2014).16591660 Panel Speaker, ``Debrief on Supreme Court's UARG v. EPA Opinion1661 Regarding Greenhouse Gas Rules,'' Environmental Law Institute,1662 Associates Seminar, Washington, D.C. (June 19, 2014) (no1663 digital copy found).16641665 Panel Speaker, ``Foreign Intelligence Surveillance in an Era of1666 `Big Data'--Is There a Need to Recalibrate Boundaries?,'' ABA1667 Standing Committee on Law and National Security, Washington,1668 D.C. (May 2, 2014) (no digital copy found).16691670 Panel Presentation, ``What Every Lawyer Needs to Know About1671 Recent Supreme Court Cases,'' Dechert LLP CLE Seminar, New1672 York, NY (Apr. 30, 2014) (no digital copy found).16731674 Panel Presentation, ``Apple Mash-Up--Cautionary Tale or Sui1675 Generis?,'' Dechert LLP's 2014 Annual Antitrust Spring Seminar,1676 Philadelphia, PA (Apr. 29, 2014) (no digital copy found).16771678 Panel Speaker, Forum on Data Privacy and Balancing National1679 Security and Civil Liberties, Clements Center for National1680 Security, University of Texas Law School, Austin, TX (Apr. 3,1681 2014) (no digital copy found).16821683 Panel Speaker, Panel Discussing Data Privacy and1684 Constitutionality of National Security Surveillance Activities,1685 Georgetown Journal of Law & Public Policy Spring Symposium,1686 Washington, D.C. (Mar. 27, 2014) (no digital copy found).16871688 Panel Speaker, Panel Discussing Constitutionality of Border1689 Searches of Electronic Media by TSA Officials, National Press1690 Club, Washington, D.C. (Mar. 20, 2014) (no digital copy found).16911692 Featured Speaker, ``National Security versus Data Privacy,''1693 Ferrum College Annual Forum, Roanoke, VA (Mar. 19, 2014) (no1694 digital copy found).16951696 Panel Speaker, ``Balancing Privacy and Security,'' Federalist1697 Society's 33rd Annual National Student Symposium, Univ. of1698 Florida Levin College of Law, Gainesville, FL (Mar. 7, 2014).16991700 Panel Speaker, Addressing the Halliburton Case and the Supreme1701 Court's Reconsideration of the Basic v. Levinson Presumption of1702 Reliance in Securities Fraud Litigation, D.C. Bar Luncheon,1703 Washington, D.C. (Mar. 5, 2014) (no digital copy found).17041705 Panel Speaker, Addressing Individual Privacy and National1706 Security, Chicago Bar Association Forum, Union League Club,1707 Chicago, IL (Mar. 3, 2014) (no digital copy found).17081709 Panel Speaker, ``Erica P. John Fund & Beyond: The Past,1710 Present, and Future of Securities Class Actions,'' U.S. Chamber1711 of Commerce, Washington, D.C. (Feb. 28, 2014) (no digital copy1712 found).17131714 Panel Speaker, ``Debrief of the Supreme Court's Oral Argument1715 on EPA's Greenhouse Gas Rulemakings,'' D.C. Bar Association,1716 Washington, D.C. (Feb. 25, 2014) (no digital copy found).17171718 Panel Speaker, Constitutionality of NSA Programs, Organized by1719 the National Security Law Committee of the Federalist Society,1720 Held at the Offices of Jones Day, Washington, D.C. (Feb. 24,1721 2014) (no digital copy found).17221723 Panel Speaker, Addressing Fallout from the NSA Revelations for1724 Foreign Relations and the Legal Regime Governing Surveillance1725 in the U.S. and Among Our Allies, Breakfast Panel Debate,1726 Council on Foreign Relations, Washington, D.C. (Feb. 20, 2014)1727 (no digital copy found).17281729 Panel Speaker, Conference on Privacy and Security, Chicago1730 Council on Global Affairs and Notre Dame Law School's1731 International Security Program, Chicago, IL (Feb. 14, 2014) (no1732 digital copy found).17331734 Panel Speaker, ``Reforming the NSA Surveillance System:1735 Assessing the Options,'' at the State of the Net Conference,1736 Organized by the Internet Education Foundation and the National1737 Cable and Telecommunications Association, The Newseum,1738 Washington, D.C. (Jan. 28, 2014).17391740 Featured Speaker, Address on the Constitutional Underpinnings1741 of the NSA Programs, Stanford Law School Constitutional Law1742 Center, Stanford, CA (Jan. 23, 2014) (no digital copy found).17431744 Webinar Presentation, ``Supreme Court Takes on the Clean Air1745 Act: EME Homer and Utility Air Regulatory Group v. EPA,''1746 Bloomberg BNA Webinar (Dec. 17, 2013) (no digital copy found).17471748 Panel Speaker, Addressing Cybersecurity and the NSA1749 Disclosures, Federalist Society National Lawyers Convention,1750 Washington, D.C. (Nov. 15, 2013) (no digital copy found).17511752 Debate Participant, ``NSA Surveillance: A Necessary Evil?,''1753 Paul H. Nitze School of Advanced International Studies (SAIS),1754 Johns Hopkins University, Washington, D.C. (Oct. 28, 2013)1755 (debating Prof. David Cole of Georgetown Law School, moderated1756 by SAIS Prof. John McLaughlin, former Deputy Director of the1757 CIA) (no digital copy found).17581759 Participant, Debate on National Security versus Privacy1760 Interests, St. Thomas Law School, St. Paul, MN (Oct. 3, 2013)1761 (no digital copy found).17621763 Panel Presentation, CLE Seminar on Antitrust Law Developments,1764 Presented to Time Warner Inc. Legal Department, New York, NY1765 (Sept. 24, 2013) (no digital copy found).17661767 Participant, Debate on Legality of NSA Programs, Milbank Tweed1768 Forum, NYU Law School, New York, NY (Sept. 18, 2013) (debating1769 Liza Goitein of the Brennan Center for Justice, among others)1770 (no digital copy found).17711772 Participant in Nationally Televised Debate Addressing the1773 Propriety and Legality of the NSA Programs Disclosed by Edward1774 Snowden, PBS News Hour, Shirlington, VA (July 31, 2013)1775 (debating author and NSA critic Jim Bamford) (no digital copy1776 found).17771778 Participant in Radio Debate Addressing the Legality of the NSA1779 Program Disclosed by Edward Snowden, Minnesota Public Radio's1780 Daily Circuit Program (July 30, 2013) (debating Marc Rotenberg1781 of EPIC).17821783 Podcast Debate, Bulk Data Collection and the NSA, Debate on1784 Constitutionality of NSA Programs Disclosed by Edward Snowden,1785 Federalist Society Teleforum, Washington, D.C. (July 23, 2013)1786 (debating Prof. Randy Barnett of Georgetown Law School).17871788 Webinar Presentation, ``FTC v. Actavis, Inc.: The Unsettling of1789 Hatch-Waxman Settlements,'' BNA Bloomberg Webinar (July 16,1790 2013) (no digital copy found).17911792 Guest on Public Radio Program To The Point With Warren Olney1793 Discussing the FISA Court and NSA Programs (July 10, 2013)1794 (debating with Cong. Adam Schiff of California) (no digital1795 copy found).17961797 Prepared Remarks and Q&A Addressing Legal Bases for NSA1798 Programs, Delivered before a Workshop of the Privacy and Civil1799 Liberties Oversight Board, Washington, D.C. (July 9, 2013).18001801 Live Analysis, SCOTUS Decision in FTC v. Actavis, Inc., Dechert1802 LLP, Washington, D.C. (June 19, 2013) (no digital copy found).18031804 Panel Speaker, Addressing Cost-Benefit Analysis and OMB Review1805 of Administrative Rulemaking, Federalist Society Luncheon1806 Event, National Press Club, Washington, D.C. (June 11, 2013)1807 (no digital copy found).18081809 Panel Speaker in Live Conference and Podcast, The Pentagon, the1810 National Security Agency, and Domestic Cybersecurity,1811 Federalist Society International & National Security Law1812 Practice Group, Washington, D.C. (May 3, 2013).18131814 Panel Presentation, Dechert LLP's 2013 Annual Antitrust Spring1815 Seminar, Philadelphia, PA (Apr. 17, 2013) (no digital copy1816 found).18171818 Webinar Participant, Briefing on Supreme Court Case FTC v.1819 Actavis, Inc. Regarding Intersection of Patent Law and1820 Antitrust, American Intellectual Property Law Association1821 Webinar, Washington, D.C. (Apr. 2, 2013) (no digital copy1822 found).18231824 Panel Speaker, ``The Importance of Cost-Benefit Analysis in1825 Agency Rulemaking,'' U.S. Chamber of Commerce Center for1826 Capital Markets Competitiveness, Washington, D.C. (Mar. 12,1827 2013) (no digital copy found).18281829 Featured Speaker, ``Agency v. Agency (and Other Problems of1830 Overlapping Jurisdiction),'' Federalist Society Event, Duke Law1831 School, Durham, NC (Jan. 31, 2013) (no digital copy found).18321833 Panel Speaker, Private Attorneys and the War on Terror, The1834 Federalist Society, National Press Club, Washington, D.C. (Dec.1835 6, 2012).18361837 Debate Presentation, ``Debating the USA PATRIOT Act: 10 Years1838 Later,'' Appellate Judges Education Institute, 2012 Annual1839 Summit, New Orleans, LA (Nov. 18, 2012) (debating Susan Herman,1840 National President of the ACLU) (no recording found but I later1841 published the substance of my presentation on my Substack site1842 at Rumination: The USA PATRIOT Act).18431844 Webinar Participant, ``The Legal Challenge to the CFTC's New1845 Registration Regime for Mutual Funds,'' Mutual Fund Directors1846 Forum Webinar, Washington, D.C. (Oct. 9, 2012).18471848 Web Video, Addressing Federal Trade Commission's Policy Change1849 in Seeking Restitution in Enforcement Proceedings, Washington1850 Legal Foundation Web Video, Washington, D.C. (Aug. 30, 2012)1851 (no digital copy found).18521853 Debate Participant, ``After Oral Argument: The Supreme Court1854 and the Affordable Care Act,'' American Constitution Society1855 Annual Convention, Washington, D.C. (June 16, 2012) (debating1856 Walter Dellinger, former Acting Solicitor General; moderated by1857 Adam Liptak of the New York Times) (no digital copy found).18581859 Mock Oral Argument on the Constitutionality of the Individual1860 Insurance Mandate in the Affordable Care Act, Georgetown Law1861 School Supreme Court Institute, Washington, D.C. (Feb. 1, 2012)1862 (arguing opposite Walter Dellinger, former Acting Solicitor1863 General, before a distinguished panel of Supreme Court1864 practitioners sitting as mock justices) (no digital copy1865 found).18661867 Panel Speaker, Addressing Developments in Cybersecurity Law,1868 Steptoe & Johnson Forum, Washington, D.C. (June 28, 2011) (no1869 digital copy found).18701871 Featured Speaker, Roundtable Discussion on the Developing Legal1872 Framework for Defensive and Offensive Cybersecurity, Council on1873 Foreign Relations, Washington, D.C. (Apr. 18, 2011) (no digital1874 copy found).18751876 Keynote Address, ``The Developing Legal Framework for Defensive1877 and Offensive Cyber Operations,'' Harvard National Security1878 Journal Forum on Cybersecurity, Harvard Law School, Cambridge,1879 MA (Mar. 4, 2011).18801881 Remarks Addressing Matrixx Initiatives Supreme Court Case,1882 Federalist Society Press Call, Washington, D.C. (Jan. 6, 2011)1883 (no digital copy found).18841885 Moderator, ``Merck & Co. v. Reynolds,'' Law Seminars1886 International TeleBriefing (May 8, 2010) (panel presentation1887 included Richard Cordray, then Attorney General of Ohio) (no1888 digital copy found).18891890 Panel Presentation, Dechert LLP, Spring Antitrust CLE Seminar,1891 Philadelphia, PA (Apr. 28, 2010) (no digital copy found).18921893 Remarks on Receiving the Intelligence Under Law Award, NSA's1894 Law Day, National Security Agency, Fort Meade, MD (May 1, 2008)1895 (no digital copy found).18961897 Remarks, Farewell Ceremony for Attorney General Alberto R.1898 Gonzales, Great Hall of the U.S. Department of Justice,1899 Washington, D.C. (Sept. 17, 2007).19001901 Remarks Delivered to Attorneys of My Former Law Firm, Kirkland1902 & Ellis LLP, Concerning the Functions of the Office of Legal1903 Counsel and My Experiences as Acting AAG, Washington, D.C.1904 (Jan. 22, 2007) (no digital copy found).19051906 Guest on NPR's Morning Edition Radio Program, Explaining the1907 Legal Basis for the Special NSA Surveillance Program Authorized1908 by the President, Washington, D.C. (Feb. 14, 2006).19091910 Continued Guest Appearance, Explaining the Legal Basis for the1911 Special NSA Surveillance Program Authorized by the President,1912 C-SPAN Washing-ton Journal, Washington, D.C. (Feb. 8, 2006).19131914 Guest Appearance, Explaining the Legal Basis for the Special1915 NSA Surveillance Program Authorized by the President, C-SPAN1916 Washington Journal, Washington, D.C. (Feb. 8, 2006).19171918 * In addition to the presentations listed above, in private1919practice with Kirkland & Ellis LLP between 1993 and 2004, I1920participated in several panel discussions for industry or bar1921associations concerning matters or issues on which I was working; these1922included: a Washington Legal Foundation panel discussing an upcoming1923Supreme Court Term; a panel discussing antitrust litigation in the1924securities industry at the Securities Industry Association Annual Law1925and Compliance Seminar; and a panel discussing airline industry mergers1926at the ABA's Air and Space Law Section Annual Conference.1927 19. List all public statements you have made during the past ten1928years, including statements in news articles and radio and podcasts and1929television appearances, which are on topics relevant to the position1930for which you have been nominated, including dates. Include a link to1931each statement when possible. If a link is not available, provide a1932digital copy of the statement when available.1933 Note: I have made many public statements during the past ten years1934on a wide range of topics, mostly addressed to legal and public policy1935matters not directly relevant to DOT or the position of Deputy1936Secretary of Transportation. The following is the most complete list I1937could compile of my TV appearances, radio segments, podcasts, and other1938public statements made since 2014 that are not listed in response to1939previous questions. Those marked with an asterisk (*) concerned topics1940of potential relevance to DOT:19411942 Quoted in Christina Lewis, Heritage Launches $1 Million1943 Campaign to Expedite Senate Confirmation of Trump's Cabinet1944 Picks, The Daily Signal (Nov. 21, 2024).19451946 * Comments for the Record Submitted to EPA re ``California1947 State Motor Vehicle Pollution Control Standards; Advanced Clean1948 Fleets Regulation; Request for Waiver of Preemption and1949 Authorization'' (Sept. 13, 2024) (submitted in my personal1950 capacity).19511952 * Radio Segment re CAFE Regulation, Steve Gruber Show, WJIM,1953 Grand Rapids, MI (Sept. 3, 2024).19541955 * Video Interview re CAFE Regulation, Conducted by Motivo1956 Documentary producers for prospective documentary entitled1957 ``Shaped: CAFE Standards and EVs,'' under production for The1958 Federalist Society (Aug. 22, 2024) (recording currently1959 unavailable; documentary expected to be released in Spring1960 2025).19611962 Webinar, Courthouse Steps Decision: United States of America v.1963 Donald J. Trump, Waltine Nauta, and Carlos De Oliveira, The1964 Federalist Society (July 31, 2024).19651966 Radio Segment re Project 2025 Myths & Truths, Jimmy Barrett1967 Show, KPRC, Houston, TX (July 29, 2024).19681969 Radio Segment re Project 2025 Myths & Truths, Mornings with JT,1970 WERC, Birmingham, AL (July 26, 2024).19711972 Quoted in Jarrett Stepman, Supreme Court Throws Back `Chevron1973 Deference' in Ruling on Fishermen's Case Against Government,1974 The Daily Signal (June 28, 2024).19751976 TV Appearance, Fischer v. United States: Supreme Court Sides1977 with Jan. 6 Protester, Newsmax, The Record with Greta Van1978 Susteren (June 28, 2024).19791980 Quoted in Claire Heddles, SCOTUS Is Poised to Make It Easier to1981 Beat the Government. Big Law Is Ready to Make a Killing., NOTUS1982 (May 30, 2024).19831984 Quoted in Gram Slattery, Sarah N. Lynch & Andrew Goudsward,1985 Donald Trump wants to control the Justice Department and FBI.1986 His allies have a plan., Reuters (May 29, 2024).19871988 Audio Interview re Proposals for FBI Reform, Conducted by Zoe1989 Chace for This American Life Podcast (May 16, 2024) (no part of1990 my interview was used in the released podcast episode,1991 available here: Come Retribution).19921993 Podcast, Trump v. United States--Post-Argument SCOTUScast, The1994 Federalist Society (May 2, 2024).19951996 Interviewed re FISA Reauthorization in The World and Everything1997 in It: May 1, 2024, World News Group Radio Program (May 1,1998 2024).19992000 TV Appearance, Supreme Court Weighs Presidential Immunity,2001 Newsmax, Newsline with Bianca de la Garza (Apr. 25, 2024).20022003 Live Podcast, ``How Far Can the EPA Go in Regulating a State's2004 Emissions?,'' Constituting America Series, Constitutional Chats2005 (Apr. 23, 2024).20062007 * Comments for the Record submitted to EPA re ``California2008 State Nonroad Engine Pollution Control Standards; In-Use2009 Locomotive Regulation; Requests for Authorization'' (Apr. 19,2010 2024) (submitted jointly with Washington Legal Foundation)2011 (submitted in my personal capacity).20122013 Radio Segment re FISA Reauthorization, Moon Griffon Show, KPEL,2014 Lafayette, LA (Apr. 17, 2024).20152016 Radio Segment re FISA Reauthorization, Stacy on the Right,2017 National (Apr. 16, 2024) (no digital copy found).20182019 Video Conference Call with Reporters re FISA Reauthorization,2020 The Heritage Foundation (Apr. 15, 2024) (participating2021 reporters included Sean Moran from Breitbart, John Hines from2022 OAN, Luis Martinez from NTD, and Jackson Richman from Epoch2023 Times).20242025 Quoted in Leo Briceno, Reforms to spy law pass despite GOP2026 fracture, World News Group (Apr. 12, 2024).20272028 Radio Segment re FISA Reauthorization, Scripps News with2029 Stephanie Liebergen (Apr. 11, 2024) (no digital copy found).20302031 * TV Appearance re Baltimore Bridge Collapse, Newsmax2, First2032 Edition (Mar. 27, 2024) (no digital copy found).20332034 * TV Appearance, Investigation Underway into Baltimore Bridge2035 Collapse, Fox Business, Mornings with Maria (Bartiromo) (Mar.2036 27, 2024).20372038 * TV Appearance re Baltimore Bridge Collapse, Newsmax2, Todd2039 Starnes Show (Mar. 26, 2024) (no digital copy found).20402041 * TV Appearance, Baltimore Bridge Collapses After Cargo Ship2042 Crash, Newsmax, National Report (Mar. 26, 2024).20432044 * Audio Podcast in Brian Gottstein, Distracted By Climate2045 Change? Former Trump Transportation Official Weighs in on2046 Bridge Collapse, The Daily Signal (Mar. 26, 2024).20472048 * Prepared Remarks, EPA Public Hearing on California's Request2049 for Authorization for CARB's In-Use Locomotive Regulation (Mar.2050 20, 2024) (presented in my personal capacity).20512052 * Video Message re NHTSA's Consideration of Kill Switch2053 Technology, The Heritage Foundation (Mar. 5, 2024).20542055 * Comments for the Record Submitted to NHTSA re ``Advanced2056 Impaired Driving Prevention Technology'' (Mar. 5, 2024)2057 (submitted in my personal capacity).20582059 TV Appearance, Supreme Court Watch: Nation's High Court2060 Expected to Rule on Trump Ballot Case, Newsmax, The Record with2061 Greta Van Susteren (Mar. 1, 2024).20622063 * Radio Segment re CARB Trucking Regulations, Your Financial2064 Editor, WFMD, Frederick, MD (Feb. 17, 2024).20652066 * Radio Segment re CARB Trucking Regulations, Voice of Iowa2067 Morning Show with Doug Wagner, Iowa (Feb. 15, 2024).20682069 Radio Segment re Mayorkas Impeachment, First News with Toby2070 Howell, KARN, Little Rock, AR (Feb. 7, 2024) (no digital copy2071 found).20722073 Radio Segment re Mayorkas Impeachment, Afternoon Show, WBAP,2074 Dallas, TX (Feb. 6, 2024) (no digital copy found).20752076 Radio Segment re Immigration Issues and Mayorkas Impeachment,2077 John Stiegerwald Show, Salem Radio, Pittsburgh, PA (Feb. 5,2078 2024).20792080 Quoted in Leo Briceno, Both parties push for FISA reform after2081 intelligence abuses, World News Group (Dec. 7, 2023).20822083 * Radio Segment re Virginia EV Rules, Freedom & Prosperity2084 Radio (Nov. 1, 2023).20852086 * Townhall Discussion, Virginia Tele-Town Hall re Virginia EV2087 Rules (Oct. 30, 2023) (no digital copy found).20882089 Live Podcast, The Fourth Amendment, Constituting America Series2090 (Oct. 24, 2023).20912092 * Comments for the Record Submitted to NHTSA re ``Corporate2093 Average Fuel Economy Standards for Passenger Cars and Light2094 Trucks for Model Years 2027-2032 and Fuel Efficiency Standards2095 for Heavy-Duty Pickup Trucks and Vans for Model Years 2030-2096 2035'' (Oct. 16, 2023) (submitted jointly with Mario Loyola)2097 (submitted in my personal capacity).20982099 * Quoted in Jarrett Stepman, Opinion, As Biden Admin Advances2100 War on Fossil Fuels, Here's How You Can Fight Back, The Daily2101 Signal (Oct. 13, 2023).21022103 * Radio Segment re Biden EV Push, Ditch in the Morning, WKIM,2104 Memphis, TN (Sept. 19, 2023).21052106 * Interviewed in Samantha Achieris, Biden Admin, California2107 Regulators Aim to Force Carmakers to Produce `100 percent2108 Electric' Vehicles, Heritage Expert Warns, The Daily Signal2109 (Sept. 18, 2023).21102111 Training Video, Executive Order Drafting & Implementation,2112 Project 2025 Presidential Administration Academy, Conservative2113 Governance: Advancing Policy (Aug. 29, 2023).21142115 Radio Segment re FBI Reform, Salem Radio News, Salem Radio2116 Network (Aug. 9, 2023) (no digital copy found).21172118 * Quoted in Alex Gage, Joe Biden Enjoys His 1967 Corvette While2119 Forcing You to Go Electric, The Daily Signal (Aug. 7, 2023).21202121 Video Podcast Interview, What's Inside Third Trump Indictment,2122 The Daily Signal (Aug. 2, 2023).21232124 Quoted in Virginia Allen, Surprising What Is--and Isn't--in 3rd2125 Trump Indictment, Legal Expert Says, The Daily Signal (Aug. 2,2126 2023).21272128 Quoted in Tyler O'Neil, Secret Service Refuses to Hand Over2129 `Known Pool of Individuals' List in White House Cocaine2130 Incident, The Daily Signal (July 27, 2023).21312132 Radio Segment re FBI Reform, Kevin McCullough Show, WMCA, New2133 York, NY (July 27, 2023) (no digital copy found).21342135 Radio Segment re FBI Reform, First News, WWL, New Orleans, LA2136 (July 24, 2023) (no digital copy found).21372138 TV Appearance, How to Fix the FBI, Real America's Voice,2139 America's Voice Live (July 20, 2023).21402141 Radio Segment re FBI Reform, The Morning Wire, Daily Wire (July2142 15, 2023).21432144 Interviewed in Samantha Achieris, What's at Stake If FBI Isn't2145 Fixed, The Daily Signal (July 14, 2023).21462147 Radio Segment re FBI Reform, Morning News Show with Drew Cline,2148 WFEA, Manchester, NH (July 14, 2023) (no digital copy found).21492150 Radio Segment re FBI Reform, Live and Local with Kevin Wall,2151 KMZQ, Las Vegas, NV (July 13, 2023).21522153 Radio Segment re FBI Reform, Dave Elswick Show, Salem Radio,2154 Little Rock, AR (July 13, 2023) (need better link).21552156 Radio Segment re FBI Reform, Rush to Reason, KLZ 560, Denver,2157 CO (July 13, 2023).21582159 * Quoted in Samantha Achieris, How Proposed EPA Electric2160 Vehicle Rule Would Compromise Auto Safety, The Daily Signal2161 (July 13, 2023).21622163 Radio Segment re FBI Reform, Mornings with JT, WERC,2164 Birmingham, AL (July 12, 2023).21652166 Radio Segment re FBI Reform, Lee Elci Voice of Freedom, WJJF,2167 New London, CT (July 12, 2023) (no digital copy found).21682169 Radio Segment re FBI Reform, Rod Arquette Show, KNRS, Salt Lake2170 City, UT (July 11, 2023) (no digital copy found).21712172 Radio Segment re FBI Reform, Talk of the Town, 100.7 FM, Utica,2173 NY (July 11, 2023).21742175 Radio Segment re FBI Reform, Andy Caldwell Show, KUHL, Santa2176 Barbara, CA (July 11, 2023).21772178 Radio Segment re FBI Reform, John Stiegerwald Show, AM 1250,2179 Pittsburgh, PA (July 10, 2023).21802181 * Comments for the Record Submitted to the EPA re ``Multi-2182 Pollutant Emissions Standards for Model Years 2027 and Later2183 Light-Duty and Medium Duty Vehicles'' and ``Greenhouse Gas2184 Emissions Standards for Heavy Duty Vehicles--Phase 3'' (July 5,2185 2023) (submitted in my personal capacity).21862187 Radio Segment re Canadian Wildfires, Lee Elci Show, WJJF, New2188 London, CT (June 9, 2023).21892190 Radio Segment re Canadian Wildfires, Paul Pacelli Show, WICC,2191 Bridgeport, CT (June 8, 2023).21922193 Video Message re Canadian Wildfires, The Heritage Foundation2194 (June 8, 2023).21952196 Quoted in Virginia Allen, Rep. Andy Biggs Asks If Mayorkas2197 Violated Border Security Law. `Yes,' Expert Answers., The Daily2198 Signal (June 7, 2023).21992200 * Quoted in Terri Wu, In-Depth: EPA Faces Backlash, Court2201 Battles Over Its New Emissions Rules, The Epoch Times (Apr. 23,2202 2023).22032204 * TV Appearance, EPA to Approve California Diesel Regulations,2205 One America News (OAN), In Focus with Addison Smith (Mar. 22,2206 2023).22072208 * TV Appearance, Norfolk Southern CEO Testifies Over Toxic2209 Train Derailment, Newsmax, American Agenda (Mar. 10, 2023).22102211 Quoted in Virginia Allen, The 1 Million Illegal Immigrant2212 Encounters in Past 5 Months Is Equivalent to Population of2213 Biden's Delaware, The Daily Signal (Feb. 27, 2023).22142215 Quoted in Virginia Allen, Supreme Court Cancels Arguments for2216 Health Measure Limiting Illegal Immigration, The Daily Signal2217 (Feb. 17, 2023).22182219 Quoted in Virginia Allen, 4 Reasons Why Republicans Call for2220 Impeaching Homeland Security Secretary Alejandro Mayorkas, The2221 Daily Signal (Feb. 8, 2023).22222223 * TV Appearance, FAA NOTAM system could be more efficiently2224 operated if privatized: Steven Bradbury, Fox News Live (Jan.2225 14, 2023).22262227 * TV Appearance, FAA System Outage Causes Nationwide Flight2228 Delays and Cancellations, Newsmax, Saturday Agenda (Jan. 14,2229 2023).22302231 * TV Appearance re America Grounded: FAA Software Outage Forces2232 Nationwide Ground Stop, Fox Business (Jan. 11, 2023).22332234 * TV Appearance, Flight Cancellations Leave Thousands Stranded,2235 Newsmax, Spicer & Co. (Dec. 28, 2022).22362237 News Release, Heritage Welcomes Former Acting Transportation2238 Secretary Steven Bradbury as Distinguished Fellow, The Heritage2239 Foundation (Dec. 12, 2022).22402241 * Audio Podcast, Deep Dive Episode 226--Due Process Protections2242 in Agency Enforcement Actions, The Federalist Society (June 30,2243 2022) (audio version of webinar listed below).22442245 * Webinar, Due Process Protections in Agency Enforcement2246 Actions, The Federalist Society (May 31, 2022).22472248 Teleforum, Pending Litigation and the New Administration, The2249 Federalist Society (Feb. 8, 2017) (no digital copy found).22502251 Teleforum, The Second Annual Mike Lewis Memorial Teleforum, The2252 Federalist Society (Jan. 24, 2017) (discussing the Obama2253 administration policy regarding the legal bases for using2254 military force against terrorist organizations) (no digital2255 copy found).22562257 Audio Podcast, Zivotofsky v. Kerry--Post-Decision SCOTUScast,2258 The Federalist Society (June 11, 2015).22592260 Teleforum, The President vs. Congress: Zivotofsky v. Kerry, The2261 Federalist Society (June 8, 2015) (no digital copy found).22622263 Guest Appearance, Discussion and Debate on Reauthorizing the2264 PATRIOT Act, C-SPAN Washington Journal, Washington, D.C. (May2265 16, 2015) (debating Neema Singh Guliani of the ACLU).22662267 Video Commentary, Halliburton v. Erica P. John Fund, The2268 Federalist Society (June 24, 2014).22692270 Teleforum, Fraud on the Market?--Oral Argument Preview of2271 Halliburton v. Erica P. John Fund, The Federalist Society (Mar.2272 4, 2014) (no digital copy found).22732274 Guest on Radio Program Discussing FISA Court Process and NSA2275 Programs, NPR Philadelphia Affiliate (Jan. 21, 2014) (no2276 digital copy found).22772278 Teleforum, NSA Court Decision [Discussing District Court2279 Decision Enjoining NSA Metadata Program], The Federalist2280 Society (Dec. 19, 2013) (no digital copy found).22812282 * In addition to the public statements listed above, I made2283 numerous posts and reposts on X.com and LinkedIn on a wide2284 range of topics, some of which were relevant to DOT. All such2285 posts are available at my X.com and LinkedIn accounts2286 identified in response to Question 20.22872288 * Furthermore, my current employer, The Heritage Foundation,2289 has made the following posts on X.com that refer to me or my2290 writings or that include video clips of me:22912292 1. https://x.com/Heritage/status/1870306115809849758 (Dec. 20,2293 2024) (video re FBI reform).22942295 2. https://x.com/Heritage/status/1860104543163363383 (Nov. 22,2296 2024) (video re President's nominees).22972298 3. *https://x.com/Heritage/status/1843794346534940935 (Oct. 8,2299 2024) (video re CARB vehicle regulation).23002301 4. *https://x.com/Heritage/status/1831340140381311300 (Sept. 4,2302 2024) (paper re CAFE regulation).23032304 5. https://x.com/Heritage/status/1806692026366181387 (June 28,2305 2024) (paper re Democracy and the abuses of our ruling elites).23062307 6. https://x.com/Heritage/status/1797651308121604359 (June 3,2308 2024) (paper re FBI reform).23092310 7. *https://x.com/Heritage/status/1764756195804373217 (Mar. 4,2311 2024) (video re impaired driving sensors).23122313 8. *https://x.com/Heritage/status/1757497029435990335 (Feb. 13,2314 2024) (paper re CARB trucking regulation).23152316 9. https://x.com/Heritage/status/1757458866533523627 (Feb. 13,2317 2024) (paper re FISA reform proposals).23182319 10. *https://x.com/Heritage/status/1733175858800787892 (Dec. 8,2320 2023) (video of congressional testimony re EPA vehicle2321 emissions rules).23222323 11. *https://x.com/Heritage/status/1708485166392389771 (Oct. 1,2324 2023) (paper re CARB locomotive regulation).23252326 12. *https://x.com/Heritage/status/1705020947156042064 (Sept. 21,2327 2023) (video re EV mandates).23282329 13. *https://x.com/Heritage/status/1688629581874343936 (Aug. 7,2330 2023) (video re EPA vehicle emissions rules).23312332 14. https://x.com/Heritage/status/1684279581811826690 (July 26,2333 2023) (video of congressional testimony re border crossing2334 numbers).23352336 15. https://x.com/Heritage/status/1679256822644080640 (July 12,2337 2023) (video re FBI reform).23382339 16. https://x.com/Heritage/status/1666899952658702352 (June 8,2340 2023) (video re Canadian wildfires).23412342 17. https://x.com/Heritage/status/1666843879012806667 (June 8,2343 2023) (video of congressional testimony re immigration2344 enforcement).23452346 18. https://x.com/Heritage/status/1666527622581440521 (June 7,2347 2023) (video of congressional testimony re border crossing2348 numbers).23492350 20. List all digital platforms (including social media and other2351digital content sites) on which you currently or have formerly operated2352an account, regardless of whether or not the account was held in your2353name or an alias. Include the full name of an ``alias'' or ``handle'',2354including the complete URL and username with hyperlinks, you have used2355on each of the named platforms. Indicate whether the account is active,2356deleted, or dormant. Include a link to each account if possible.23572358 X.com: @SGBradbury--www.x.com/sgbradbury23592360 LinkedIn: Steve Bradbury--www.linkedin.com/in/steve-bradbury-2361 8814a82b23622363 www.Adespotoi.Substack.com (my own Substack site)23642365 www.SGBradbury.Medium.com (my own Medium site)23662367 Truth Social: SGBradbury--www.truthsocial.com/sgbradbury (not2368 active)23692370 Instagram: SGBradbury--www.instagram.com/sgbradbury (not2371 active)23722373 Facebook: SGBradbury--www.fb.com/sgbradbury (not active)23742375 21. Please identify each instance in which you have testified2376orally or in writing before Congress in a governmental or non-2377governmental capacity and specify the date, committee, and subject2378matter of each testimony.23792380 Hearing before the House Committee on the Judiciary,2381 Subcommittee on Immigration Integrity, Security, and2382 Enforcement, ``The Border Crisis: Is the Law Being Faithfully2383 Executed?'' (June 7, 2023) (testimony presented in my personal2384 capacity).23852386 Hearing before the House Committee on Oversight and2387 Accountability, Subcommittee on Economic Growth, Energy Policy,2388 and Regulatory Affairs, ``Driving Bad Policy: Examining EPA's2389 Tailpipe Emissions Rules and the Realities of a Rapid Electric2390 Vehicle Transition'' (May 17, 2023) (testimony presented in my2391 personal capacity).23922393 Off-Site Discussion Convened by Congressman Andy Biggs of2394 Arizona, ``Potential Legal Bases for Impeachment of Alejandro2395 Nicholas Mayorkas, Secretary of Homeland Security'' (Feb. 8,2396 2023) (testimony presented in my personal capacity).23972398 Confirmation Hearing before the Senate Committee on Commerce,2399 Science, and Transportation of Steven Gill Bradbury to be2400 General Counsel of the Department of Transportation (June 28,2401 2017).24022403 Hearing before the House Committee on the Judiciary,2404 ``Examining Recommendations to Reform FISA Authorities'' (Feb.2405 4, 2014).24062407 Hearing before the House Permanent Select Committee on2408 Intelligence, ``Legislative Proposals for Modifying NSA2409 Programs and Amending FISA Authorities'' (Oct. 29, 2013).24102411 Hearing before the House Committee on the Judiciary,2412 ``Oversight Hearing into the Administration's Use of FISA2413 Authorities'' (July 17, 2013).24142415 Hearing before the House Ways and Means Committee, ``The2416 Ramifications of the Supreme Court's Ruling on the Affordable2417 Care Act'' (July 10, 2012).24182419 Hearing before the House Ways and Means Committee, ``The2420 Constitutionality of the Individual Mandate in the Affordable2421 Care Act'' (Mar. 29, 2012).24222423 Hearing before the Senate Committee on the Judiciary, ``The Due2424 Process Guarantee Act: Banning Indefinite Detention of2425 Americans'' (Feb. 29, 2012).24262427 Hearing before the House Committee on the Judiciary,2428 Subcommittee on the Constitution, Civil Rights, and Civil2429 Liberties, ``Oversight of the Justice Department's Office of2430 Legal Counsel'' (Feb. 14, 2008).24312432 Classified Hearing before the Senate Select Committee on2433 Intelligence Concerning Legal and Policy Review of CIA Program2434 (Apr. 12, 2007).24352436 Hearing before the House Committee on Armed Services,2437 ``Standards of Military Commissions and Tribunals Following the2438 Supreme Court's Decision in Hamdan v. Rumsfeld'' (Sept. 7,2439 2006).24402441 Hearing before the House Committee on the Judiciary,2442 Subcommittee on Crime, Terrorism, and Homeland Security,2443 ``Legislative Proposals to Update the Foreign Intelligence2444 Surveillance Act'' (Sept. 6, 2006).24452446 Hearing before the Senate Committee on the Judiciary, ``The2447 Authority to Prosecute Terrorists under the War Crimes2448 Provisions of Title 18'' (Aug. 2, 2006).24492450 Hearing before the Senate Committee on the Judiciary, ``FISA2451 for the 21st Century'' (July 26, 2006).24522453 Hearing before the House Committee on Armed Services,2454 ``Standards of Military Commissions and Tribunals Following the2455 Supreme Court's Decision in Hamdan v. Rumsfeld'' (July 12,2456 2006).24572458 Hearing before the Senate Committee on the Judiciary, ``Hamdan2459 v. Rumsfeld: Establishing a Constitutional Process for Military2460 Commissions'' (July 11, 2006).24612462 Confirmation Hearing before the Senate Committee on the2463 Judiciary, Nomination of several nominees, including Steven G.2464 Bradbury to be Assistant Attorney General for the Office of2465 Legal Counsel, Department of Justice (Oct. 6, 2005).24662467 22. Given the current mission, major programs, and major2468operational objectives of the department/agency/commission/corporation2469to which you have been nominated, what in your background or employment2470experience do you believe affirmatively qualifies you for appointment2471to the position for which you have been nominated, and why do you wish2472to serve in that position?2473 I believe I am qualified to be Deputy Secretary of Transportation2474based on my extensive previous experience managing the Department of2475Transportation, including as the Acting Secretary of Transportation for2476a brief period of 8 days in January 2021; as the Acting Deputy2477Secretary of Transportation and the presidentially designated official2478who carried out the functions and duties of the Office of Deputy2479Secretary from September 2019 to January 2021; as the Senate-confirmed2480General Counsel, or chief legal officer, of DOT from November 2017 to2481January 2021; and as the designated Regulatory Policy Officer for DOT2482and a member of the Secretary's senior leadership team during my entire2483tenure as General Counsel.2484 Furthermore, in my many years of private legal practice before2485November 2017, I represented numerous clients in significant regulatory2486matters before the U.S. Department of Transportation, from which I2487derived additional valuable experience with the Department's exercise2488of its statutory authorities.2489 And since leaving government service in January 2021, including in2490my capacity as a Distinguished Fellow at The Heritage Foundation, I2491have continued to write and speak on issues of public policy relevant2492to the regulatory authorities of DOT.2493 23. What do you believe are your responsibilities, if confirmed, to2494ensure that the department/agency/commission/corporation has proper2495management and accounting controls, and what experience do you have in2496managing a large organization?2497 If confirmed as Deputy Secretary of Transportation, my2498responsibilities will be to assist the Secretary of Transportation in2499carrying out the directions, policies, and priorities of the President2500of the United States and in properly and efficiently managing all2501programs, functions, offices, and activities of the U.S. Department of2502Transportation in the exercise of the Secretary's statutory authorities2503in accordance with the law and the Constitution.2504 I previously managed the functions and duties of the U.S.2505Department of Transportation and the exercise of the Secretary's legal2506authorities in my capacity as Acting Secretary of Transportation,2507Acting Deputy Secretary of Transportation, and General Counsel of DOT.2508I also gained significant organizational management experience as a2509litigation partner in two large international law firms and as the2510Acting Assistant Attorney General and Principal Deputy Assistant2511Attorney General in the U.S. Department of Justice.2512 24. What do you believe to be the top three challenges facing the2513department/agency/commission/corporation, and why?2514 I see the major challenges facing the Department of Transportation2515to be:25162517 (a) promoting the safety and efficiency of America's great2518transportation systems through the reasonable and effective application2519of the legal authorities granted to the Secretary by Congress in2520accordance with the policies and priorities of the President, while2521eliminating all irrational, discriminatory, and non-statutory policy2522goals and requirements that have detracted from or undermined the2523Department's primary safety mission;2524 (b) achieving rational deregulation and smart regulatory reform in2525accordance with the President's directions and consistent with law and2526with the preservation of competitive markets and incentives for private2527investment in innovation; and2528 (c) advancing critical and cost-beneficial transportation2529infrastructure improvements of national importance to the American2530people in accordance with the authorizations and appropriations2531provided by Congress and consistent with the President's policies,2532priorities, and directions.2533 b. potential conflicts of interest2534 1. Describe all financial arrangements, deferred compensation2535agreements, and other continuing dealings with business associates,2536clients, or customers. Please include information related to retirement2537accounts, such as a 401(k) or pension plan.2538 I currently am employed as a Distinguished Fellow at The Heritage2539Foundation (``Heritage'') (a non-profit public policy think tank). If2540confirmed, I will resign from that position. Following my separation2541from Heritage, I will have no continuing financial arrangements,2542deferred compensation agreements, or other business dealings with2543Heritage or any other organization, associates, clients, or customers.2544 I currently participate in a 401(k) retirement plan and a 403(b)2545retirement plan through my employment with Heritage. Following my2546separation from Heritage, I will not continue to participate in these2547Heritage retirement plans and plan to roll out of them.2548 I currently hold a 401(k) retirement plan and a 401(a) retirement2549plan from my previous employment with Dechert LLP. The plan sponsor2550ceased making contributions to these plans upon my separation from2551Dechert LLP in 2017, and I plan to roll out of these plans upon my2552separation from Heritage.2553 I hold a health savings account (HSA) stemming from my previous2554employment with Dechert LLP. The account sponsor ceased making2555contributions to this HSA upon my separation from Dechert LLP in 2017.2556I plan to continue to hold this HSA.2557 2. Do you have any commitments or agreements, formal or informal,2558to maintain employment, affiliation, or practice with any business,2559association, or other organization during your appointment? If so,2560please explain.2561 No.2562 3. Indicate any investments, obligations, liabilities, or other2563relationships which could involve potential conflicts of interest in2564the position to which you have been nominated. Explain how you will2565resolve each potential conflict of interest.2566 In connection with the nomination process, I have consulted with2567the Office of Government Ethics and the Department of Transportation2568(DOT) Designated Agency Ethics Official to identify potential conflicts2569of interest. Any potential conflicts of interest will be resolved2570consistent with the terms of the ethics agreement I have entered into2571with the DOT Designated Agency Ethics Official, which will be provided2572to this Committee. I am not aware of any other potential conflicts of2573interest stemming from investments, obligations, liabilities or other2574continuing relationships.2575 4. Describe any business relationship, dealing, or financial2576transaction which you have had during the last ten years, whether for2577yourself, on behalf of a client, or acting as an agent, that could in2578any way constitute or result in a possible conflict of interest in the2579position to which you have been nominated. Explain how you will resolve2580each potential conflict of interest.2581 In connection with the nomination process, I have consulted with2582the Office of Government Ethics and the DOT Designated Agency Ethics2583Official to identify potential conflicts of interest. Any potential2584conflicts of interest will be resolved consistent with the terms of the2585ethics agreement I have entered into with the DOT Designated Agency2586Ethics Official, which will be provided to this Committee.2587 As a law partner in Dechert LLP prior to my appointment as General2588Counsel of DOT in November 2017, I represented TK Holdings, Inc., the2589U.S. subsidiary of Takata Corporation, in an enforcement matter before2590NHTSA, a component of DOT, involving the recall of defective airbag2591inflators. Consistent with the rules of professional responsibility2592applicable to me as a member of the D.C. Bar and in accordance with the2593commitment I made to this Committee in connection with my nomination to2594serve as General Counsel of DOT, I have recused myself from any2595involvement on behalf of DOT or any other party in the ongoing2596enforcement matter concerning the recall2597 of Takata airbag inflators since my separation from Dechert LLP in2598November 2017. Should I be confirmed as Deputy Secretary of2599Transportation, I will continue to recuse myself from any involvement2600in the Takata airbag recall matter, including as it may relate to any2601successor of Takata Corporation or TK Holdings, Inc.2602 I am not aware of other potential conflicts of interest stemming2603from my prior business relationships, dealings, or financial2604transactions. Should I become aware of any such potential conflict of2605interest, I will follow the requirements of all ethics laws and2606regulations and the advice of the DOT Designated Agency Ethics Official2607as necessary and appropriate to resolve and eliminate the potential2608conflict.2609 5. Identify any other potential conflicts of interest and explain2610how you will resolve each potential conflict of interest.2611 In connection with the nomination process, I have consulted with2612the Office of Government Ethics and the DOT Designated Agency Ethics2613Official to identify potential conflicts of interest. Any potential2614conflicts of interest will be resolved consistent with the terms of an2615ethics agreement I will enter into with the DOT Designated Agency2616Ethics Official, which will be provided to this Committee. I am not2617aware of any other potential conflicts of interest.2618 6. Describe any activity during the past ten years, including the2619names of clients represented, in which you have been engaged for the2620purpose of directly or indirectly influencing the passage, defeat, or2621modification of any legislation or affecting the administration and2622execution of law or public policy.2623 I have not been engaged by a client during the past ten years to2624influence legislation.2625 Since December 2022, as part of my work on public policy matters2626for The Heritage Foundation (a 501(c)(3) non-profit think tank), I have2627analyzed the merits (pros and cons) of proposed legislation and of2628regulations, as well as potential legislative and regulatory reforms.2629In my personal capacity, not on behalf of The Heritage Foundation or2630for any client, I have submitted comments to the EPA and NHTSA on2631proposed regulatory actions and have testified on public policy issues2632(1) before Committees of Congress, (2) as part of an off-site2633discussion held by a Member of Congress, and (3) in a public hearing2634hosted by the EPA. In 2023, I signed a letter in my personal capacity2635concerning a nomination for FAA Administrator then pending before this2636Committee.2637 In June and August 2022, prior to my employment with The Heritage2638Foundation, in my personal capacity and not for any client, I2639participated in a panel discussion and I authored an online article on2640my personal Substack site supporting congressional enactment of2641amendments to the Electoral Count Act (legislation subsequently enacted2642as the Electoral Count Reform Act of 2022).2643 Prior to my separation from Dechert LLP in November 2017, I2644represented clients (including TK Holdings, Inc., as noted above) in2645matters involving agency investigations and potential enforcement2646actions, including before DOT. In all such matters, I presented good2647faith arguments on behalf of my clients relating to the interpretation2648and application of relevant laws.2649 c. legal matters2650 1. Have you ever been disciplined or cited for a breach of ethics,2651professional misconduct, or retaliation by, or been the subject of a2652complaint to, any court, administrative agency, the Office of Special2653Counsel, an Inspector General, professional association, disciplinary2654committee, or other professional group? If yes:26552656 a. Provide the name of the court, agency, association, committee, or2657 group;26582659 b. Provide the date the citation, disciplinary action, complaint, or2660 personnel action was issued or initiated;26612662 c. Describe the citation, disciplinary action, complaint, or2663 personnel action;26642665 d. Provide the results of the citation, disciplinary action,2666 complaint, or personnel action.26672668 No. I am aware that in May 2009 a coalition of groups announced an2669intention to submit bar complaints against two former Attorneys General2670and several other attorneys who served in senior positions in the U.S.2671Department of Justice, including me, in connection with legal advice2672previously provided to the President with regard to the War on Terror.2673To my knowledge, no such complaints were accepted for filing by my bar,2674the D.C. Bar, and no bar complaint proceedings were ever initiated2675against me. The D.C. Bar has informed me that there is no record of any2676bar complaint against me.2677 2. Have you ever been investigated, arrested, charged, or held by2678any Federal, State, or other law enforcement authority of any Federal,2679State, county, municipal, or foreign government entity, other than for2680a minor traffic offense? If so, please explain.2681 No, except as described in response to Question 4 below.2682 3. Have you or any business or nonprofit of which you are or were2683an officer ever been involved as a party in an administrative agency2684proceeding, criminal proceeding, or civil litigation? If so, please2685explain.2686 I have not been a party to civil litigation, administrative agency2687proceedings, or criminal proceedings, except as described in response2688to Question 4 below. My current employer and the law firms of which I2689have been a partner in the past have on occasion been parties to2690litigation, but none of those litigation matters has concerned2691activities involving me personally, and I am not personally familiar2692with the details of any such litigation matters.2693 Certain legal opinions issued by the Office of Legal Counsel (OLC)2694of the U.S. Department of Justice in 2002 and 2003 (before my time as2695Principal Deputy Assistant Attorney General for OLC) were the subject2696of an investigation by the Office of Professional Responsibility (OPR)2697of the Department of Justice, and in the course of that investigation,2698OPR also considered certain later OLC opinions that I signed. OPR did2699not make any finding that my opinions failed to satisfy standards of2700professional responsibility. The final OPR report of July 2009 made2701recommendations concerning the earlier OLC opinions and did include2702criticisms of my later opinions, but that report was overruled and its2703recommendations were rejected by the senior career official of the2704Department of Justice (the career Associate Deputy Attorney General) in2705January 2010, and the OPR report does not have continuing official2706force or validity.2707 4. Have you ever been convicted (including pleas of guilty or nolo2708contendere) of any criminal violation other than a minor traffic2709offense? If so, please explain.2710 Yes, as follows:27112712 a) Moving violation: Failure to yield right of way on a left turn2713 (in connection with a traffic accident on Bradley Blvd. in2714 Montgomery County, MD on 06/05/2002). On 10/01/2002, I pleaded2715 guilty in Circuit Court of Montgomery County, MD, and paid a2716 $37 fine plus $23 in court costs. The court reduced the points2717 for this violation from 3 to 1.27182719 b) I received a citation on 10/02/1981 for entering the New York2720 City subway system without paying the fare. On 11/02/1981, I2721 pleaded guilty in the Criminal Court of New York City and paid2722 a $10 fine.27232724 5. Have you ever been accused, formally or informally, of sexual2725assault, sexual harassment, or discrimination on the basis of sex,2726race, religion, or any other basis? If so, please explain. No.2727 6. Please advise the Committee of any additional information,2728favorable or unfavorable, which you feel should be disclosed in2729connection with your nomination. None.2730 d. relationship with the committee2731 1. Will you ensure that your department/agency/commission/2732corporation complies with deadlines for information set by2733congressional committees, and that your department/agency/commission/2734corporation endeavors to timely comply with requests for information2735from individual Members of Congress, including requests from members in2736the minority?2737 Yes, to the extent reasonable and feasible and in accordance with2738Executive Branch guidance.2739 2. Will you ensure that your department/agency/commission/2740corporation does whatever it can to protect congressional witnesses and2741whistleblowers from reprisal for their testimony and disclosures? Yes.2742 3. Will you cooperate in providing the Committee with requested2743witnesses, including technical experts and career employees, with2744firsthand knowledge of matters of interest to the Committee?2745 Yes, to the extent consistent with legal and customary2746requirements.2747 4. Are you willing to appear and testify before any duly2748constituted committee of the Congress on such occasions as you may be2749reasonably requested to do so? Yes.2750[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]27512752 The Chairman. Thank you, Mr. Bradbury.2753 Let us start with this. If you are confirmed as Deputy2754Secretary of Transportation what legacy would you like to leave2755in transportation and infrastructure?2756 Mr. Bradbury. I would like the legacy to be that the2757Department had achieved greater efficiency in directing the2758dollars to the projects of most national importance for the2759American people, basically greatest bang for the buck for the2760American taxpayer in terms of infrastructure projects.2761 And we need to assess how the Department exercises the2762discretion that Congress has given it with regard to funding2763programs to ensure that we are focusing our attention on safety2764and efficiency in those projects, and we need to improve the2765capacity and expand the capacity of infrastructure in the2766United States.2767 So those are the things I hope we can achieve over the next2768four years.2769 The Chairman. So this past month has been a harrowing month2770for air travel. In this past month there have been fatal2771aircraft accidents here in Washington, D.C., in Philadelphia,2772in Alaska, and just yesterday in Arizona. Fortunately, all the2773passengers and crew survived the crash in Toronto earlier this2774week.2775 How would you help restore confidence in air travel and2776maintain a safe national airspace?2777 Mr. Bradbury. We need to bring resources to bear2778immediately. I think the Secretary has indicated he is doing2779this to review all of the safety systems we use in air traffic2780control in the FAA.2781 We need to upgrade those systems. There has been a lot of2782talk for decades about improving the efficiency and2783effectiveness of the systems, making sure we have up-to-date2784technical systems for the FAA, and yet we still see that2785systems are obsolete.2786 They have not performed the way they need to perform as2787we--the process of upgrading is too slow. We need somehow to2788break through. We need new thinking on it. I think that is what2789the Secretary is focused on very keenly.2790 But we also, Mr. Chairman, need to improve, expand the2791capacity of the training of new air traffic controllers, get2792the bright--best and brightest in there, and we have to take a2793hard look at that process and the capabilities of our air2794traffic controllers.2795 So we still have the safest air system in the world, but we2796cannot fall down on the job and these recent disasters are just2797a horrible reminder that we need to be constantly vigilant2798because we have a zero tolerance for commercial air disasters.2799 The Chairman. Yesterday Secretary Duffy published an op-ed2800in which he said, quote, ``America's air traffic systems need2801an urgent upgrade.'' DOT is addressing aging networks and2802systems like NOTAM. It is taking a close look at personnel,2803boosting its recruitment of air traffic controllers.2804 The FAA Reauthorization Act of 2024, which Senator Cantwell2805and I wrote, requires maximum hiring of air traffic controllers2806for the next five years.2807 Should the FAA continue to exempt safety critical staff2808like controllers from any potential hiring freezes or layoffs?2809 Mr. Bradbury. Well, the Secretary will make that judgment2810but he has been pretty clear that all safety critical officials2811are exempt from the recent cuts and the focus, and air traffic2812controllers certainly fall into that category.2813 We need more air traffic controllers. We need a faster2814pipeline, larger capacity in that, and clearly Congress has2815spoken on that and I think it is a major priority.2816 The Chairman. And just to clarify what the Secretary has2817said, there has been a lot of news coverage about the reduction2818in force at the FAA.2819 My understanding is it is less than 1 percent of the2820workforce and what Secretary Duffy has said is that no air2821traffic controllers were included in that and that no safety2822critical positions were included in that. Is that your2823understanding as well?2824 Mr. Bradbury. Yes. I heard those statements and that is2825very consistent with what I know to be his focus to ensure that2826as we achieve greater efficiencies in funding and staffing2827throughout the Department that those cuts where appropriate2828will be made without compromising safety and he will ensure2829that safety critical staffing is sufficient to address those2830needs.2831 The Chairman. So in his confirmation hearing Secretary2832Duffy made various commitments to this committee and I want to2833run through a few of them right now to make sure you and he are2834on the same page, and to make this easier the answer to each of2835these questions should be yes.2836 Will you work with my office to ensure that the new Center2837for Advanced Aviation Technology created by the FAA2838Reauthorization Act of 2024 is established in Dallas-Fort Worth2839consistent with congressional intent?2840 Mr. Bradbury. I will certainly support the Secretary's2841efforts in that regard.2842 The Chairman. Will you prioritize the renewal of TXDOT's2843NEPA assignment authority on reasonable terms before its2844expiration in March 2025?2845 Mr. Bradbury. I think the Department--certainly, I2846personally strongly support NEPA authority being assigned to2847states that have the capability of undertaking complex NEPA2848assessments. I certainly understand that Texas is one of those2849states and I think this is a good, efficient process.2850 The Chairman. For nearly four years five deepwater port2851license applications have languished in the U.S. Maritime2852Administration--MARAD.2853 Will you commit to expediting MARAD's review of the2854application from Texas-based Delfin and LNG?2855 Mr. Bradbury. I definitely intend to look into that and2856make sure that MARAD is moving those applications forward as2857quickly and that there are not any unnecessary, unreasonable2858delays in that. I totally support the effort with deepwater2859ports.2860 The Chairman. Will you commit to reviewing penalties issued2861by the FAA against SpaceX and curtailing bureaucratic overreach2862at the FAA's Office of Commercial Space Transportation?2863 Mr. Bradbury. Yes, and I strongly support further2864streamlining efforts with regard to commercial space licensing2865regulation.2866 The Chairman. OK. And two more.2867 Will you commit to providing my office with the DOT staff2868ratings for all discretionary grant applications over the last2869four years in which the California high-speed rail project2870received an award?2871 Mr. Bradbury. I understand that the Secretary received that2872request and we will be responding to that and I will work with2873the Secretary to make sure that this committee and you, Mr.2874Chairman, get what you need.2875 The Chairman. He said yes and I will take that as a yes as2876well.2877 And, finally, do you agree that pipelines are one of the2878safest modes of surface transportation and that DOT should let2879data drive regulatory decisions?2880 Mr. Bradbury. Yes.2881 The Chairman. Thank you.2882 Senator Cantwell. Mr. Chairman, thank you.2883 Mr. Bradbury, I brought up the SMS rule in my opening2884statement and I am assuming you know enough about safety2885management systems to have this discussion, that safety2886management system is about a continuous improvement and an2887analytical approach.2888 So it basically means when you come up with a problem you2889are going to stop and fix it. So it is not--you cannot keep2890moving forward.2891 So in this article that was reported in--let me just put in2892the chart then.2893 We know that the rule was halted nine days after the MAX2894crash. Why did you stop the rulemaking from happening?2895 Mr. Bradbury. Well, I do not know that I stopped it.2896 Senator Cantwell. That is what is reported in the paper and2897I mentioned the FAA person who was in charge of the process who2898said the industry and everybody wanted to move forward and it2899was submitted, and then next thing you know it is pulled. So--2900--2901 Mr. Bradbury. Well, certainly we go through a review of2902every regulation and as I recall in that regulation there were2903questions on the merits about which entities it should apply to2904and how it might apply to small businesses or small entities.2905 Those are the kinds of questions that need to be addressed2906whenever you----2907 Senator Cantwell. So you are saying you might have killed2908the SMS rule because you did not want it to apply to small2909manufacturers?2910 Mr. Bradbury. I did not--I would not say I killed the SMS2911rule and let me say----2912 Senator Cantwell. We still do not have one. Our committee2913has worked hard to get one and now it is going to be in law.2914But I have more questions about this.2915 But yes, you did stop it from happening. There was a2916recommendation to move forward on it and your office stopped2917it.2918 Mr. Bradbury. Well, Senator Cantwell, let me say I strongly2919support safety management systems as an approach to regulation.2920 Senator Cantwell. A mandatory. A mandatory, not an2921optional----2922 Mr. Bradbury. I would support mandatory safety management2923systems and I would appreciate the opportunity to work with2924this committee to make sure we have them in place not just in2925aviation but in other transportation sectors because I think it2926is a smart way to regulate.2927 You put the onus on the operators and the manufacturers to2928avoid safety problems defects. You put it on them. They have to2929come up with the system to do it and then you hold them2930accountable. I think we can----2931 Senator Cantwell. Do you agree with the FAA's decision to2932allow the Boeing Company to continue to fly MAXes after the2933first crash?2934 Mr. Bradbury. That was, I know, an agonizing period and I2935know the experts at FAA were looking very hard at it, looking2936at what might have been involved in that, and the secretary's2937office--I was assisting the secretary. We were very closely2938monitoring the FAA, the professionals at the FAA in that.2939 We certainly supported their decision to ground the 7372940MAX. In hindsight a lot could be said for doing it sooner. It2941was an unprecedented situation for the FAA to ground an entire2942fleet of aircraft like that but I think they made the right2943decision.2944 And then, you know, we were very involved for----2945 Senator Cantwell. The right decision----2946 Mr. Bradbury. To ground the plane. To ground the plane.2947 Senator Cantwell. OK. But back to--the FAA went to Seattle2948after the Indonesian crash and basically did not do any kind of2949thorough review. Again, a safety management system would have2950required an analysis. That is what safety management system--of2951critical features.2952 But the FAA, filled with light touch people, which we have2953tried to root out and that is why we try to pass strong2954legislation, because we do not want a light touch in aviation2955and we cannot have an efficiency approach or a bean counter2956approach because that is not saving lives and in reality it is2957not saving money either.2958 So we need an FAA and a DOT and a general counsel who is2959going to stand up to get these rules in place.2960 Mr. Bradbury. I agree. I agree that we need strong safety2961management systems, as I indicated before, with2962accountability----2963 Senator Cantwell. OK.2964 Mr. Bradbury.--with real penalties, and we need to be2965tougher on Boeing. We need to be tougher on the--we need to be2966tougher on the railroads as we have seen with the East2967Palestine disaster.2968 Senator Cantwell. OK. I do not have a ton of time left.2969 But so when this committee passed--so we did what the FAA2970would not do. We mandated a safety management system. That2971still is now rolling out.2972 But you were still there when we passed that. You could2973have just popped up the rule and said, let's go. But you2974did'nt. Do you know why?2975 Mr. Bradbury. I do not recall the ins and outs but we--let2976me just----2977 Senator Cantwell. Do you see what I am saying about that?2978You had this old rule in your back pocket. We passed it. We2979said now do this. You were still there.2980 You could have said, well, let us get going. This is clear.2981Let us get going. But you did'nt. Did you have any thoughts2982about that? Because I have one more issue I wanted to get to2983quickly.2984 Mr. Bradbury. I never stopped regulatory efforts directed2985at safety in order to achieve cost savings or meet the2986President's two-for-one requirement on rulemaking. We never2987stopped safety critical rules for that reason.2988 Senator Cantwell. OK. Here is one that is really bothersome2989right now and that is this letter that came out from Eleanor2990Holmes Norton that now shows this week that ADB-S Out was2991routinely turned off by the military.2992 He says in the letter--I have it, I will enter it in for2993the record. The question was due to the sensitive nature of2994missions supporting the movement of very important personnel in2995and around the NRC that the Army Aviation Brigade at Fort2996Belvedere and Marine helicopter squadron will execute 1002997percent of their missions with ADS-B Off.2998 That was June 8, 2023. So the military was saying--now, the2999reason this is important is because the Obama administration3000said, let's have a rule and let's not have these people3001exempted from the rule.3002 The Trump administration came in and said, no, we are going3003to write a rule and they are exempted. Oh, but by the way, it3004is really only in these few instances and these few times, and3005then we find this letter that basically says it is 100 percent3006of the time we are not having that turned on.3007 So you were involved in rulemaking that was different than3008the prior administration's attempt to try to rein this in and3009so, listen, I get it. I have been in the private sector.3010 Guess what? There is bureaucracy in the private sector. Big3011is a problem, OK. Big is a problem everywhere.3012 But in this instance what this country needs right now is3013people that will adhere to safety first. It is the gold3014standard. It will help us lead in the next generation.3015 But we cannot do it if we continue to have people who fall3016into this yes, we are going to allow this exemption. We are3017going to allow this to happen. We are going to do this in the3018name of efficiency.3019 So I am sure we will have more time, Mr. Chairman, but if3020you have a response that you know of now to this ADS-B issue,3021great. If not, I will take it for the record.3022 Mr. Bradbury. Well, I do think the Secretary will want to3023work with the Secretary of Defense with regard to military3024aircraft in civilian airspace in the U.S. to ensure that3025systems that are needed for safety are used as appropriate, and3026that is an example of something where there needs to be3027coordination.3028 Senator Cantwell. Like, just for the record, your thoughts3029on the former Obama rule and then the rule you proposed3030exempting them.3031 Thank you, Mr. Chairman.3032 The Chairman. Thank you. And I would note that the Ranking3033Member and I think are both agreed that the military's policy3034of routinely turning off ADS-B on flights in and around Reagan3035and other airports even on routine training missions was3036completely indefensible and needs to be altered.3037 I suppose for clarity I should point out that the letter3038the Ranking Member quoted from written to Eleanor Holmes Norton3039was written in 2023 and in 2023 Joe Biden was the President and3040Lloyd Austin was the Secretary of Defense.3041 It was a Democrat administration that followed the policy3042of turning off ADS-B Out. I think we are now agreed on both3043sides of the aisle that was a mistake. But to be clear, you3044were not at the Department of Transportation in 2023. Is that3045right?3046 Mr. Bradbury. That is correct.3047 Senator Cantwell. Mr. Chairman, I do not think anybody knew3048that that was their policy. When you and I----3049 The Chairman. I agree. I agree.3050 Senator Cantwell. When we had a briefing they never said3051that that was their policy. This just came to light when some--3052my guess is whistleblower or someone in the community saw all3053of this happening and came and said, oh, there is this letter.3054This is what their policy really is. Or at least this is what3055somebody stated to Eleanor Holmes Norton.3056 The Chairman. Well, and the Department of the Army did tell3057us in our briefing here--they came close to telling us that3058they regularly turn off ADS-B Out. They did not say 1003059percent. A hundred percent is--sadly, it is not--it is not3060surprising and I think it is indefensible.3061 I feel confident that policy will change either by this3062administration unilaterally or I feel confident that Congress3063will make that policy change given the tragedy that happened3064over DCA.3065 Senator Fischer.30663067 STATEMENT OF HON. DEB FISCHER,3068 U.S. SENATOR FROM NEBRASKA30693070 Senator Fischer. Thank you, Mr. Chairman.3071 Mr. Bradbury, as you know, rural communities rely heavily3072on the Essential Air Service program. It provides them with3073connectivity and access to critical services.3074 In my home state of Nebraska we have seven communities that3075are served by Essential Air Service. It provides these3076communities not just with an increased opportunity to connect3077with the outside world, but it serves to help them attract3078business, attract visitors, and it drives local economies.3079 Yesterday in our meeting to get to know each other and have3080a good conversation--thank you for coming--you mentioned3081looking at potential reforms to the Essential Air Service and3082you said including examining the subsidies that airports3083receive.3084 Are you willing to commit to me and the Committee today3085that you stand with rural America and ensure that our airports3086are able to maintain Essential Air Service that meets those3087needs?3088 Mr. Bradbury. Yes, Senator, and I appreciated our chance to3089meet together. Thank you very much for being available to meet3090with me. I appreciated that.3091 The Secretary, I think, in his hearing made it very clear3092he is a strong supporter of Essential Air Service and I3093certainly know how important it is to small and medium3094communities across the country and clearly it has very strong3095support in Congress.3096 And whatever proposals may have been made to reconsider3097that or phase it out, I do not think that is realistic and I do3098not expect to be pushing for anything approaching sunsetting or3099eliminating Essential Air Service.3100 There are still decisions that the Department makes in3101implementing the program and examining whether communities are3102meeting the metrics stated for the program and that is a3103process that happens periodically.3104 And it is a very important process and sometimes3105communities--new communities come into the program, et cetera,3106and that is something the Secretary will look at and I expect3107to assist him in that and with an eye to preserving the3108effectiveness of the program.3109 Senator Fischer. OK. Thank you.3110 I also appreciated the opportunity yesterday to show you my3111frustration with FHWA. They seem to be struggling to provide3112any kind of clear, consistent guidance across their division3113offices and as I stated yesterday I have heard from state3114departments of transportation that there is a lack of that3115consistent guidance from U.S. DOT regarding the requirements3116needed for states such as to justify building back better after3117a disaster.3118 If confirmed, how will you work across the Federal Highway3119Administration to ensure that division offices are consistent,3120that they are clear in their guidance to our state DOTs?3121 Mr. Bradbury. Well, thank you, Senator.3122 It really requires strong leadership from the head of FHWA3123and the Secretary out to those field offices. Consistency is3124critical but also making clear that the states have a strong3125role in deciding the use of the funds that come into them from3126the Highway Trust Fund.3127 But we need a focus on safety, efficiency, capacity, and3128resilience of our infrastructure and not to be distracted by3129other goals--policy goals that may not be necessary and that3130may divert from those central important goals of safety and3131efficiency.3132 So I think that consistency is critical and working closely3133with the state and the state DOTs is absolutely essential.3134 Senator Fischer. I hope we can work together on that.3135Extremely important, and we can certainly see cost savings when3136things are more streamlined and made available to the states so3137they can get those projects out there and get them going.3138 On rail service, Americans they want safe and reliable rail3139service. With Amtrak that has not always been fiscally3140responsible, I believe, nor have they been cooperative with3141their state rail partners who are operating profitable rail3142service across the network.3143 I have some legislation on that, the Amtrak Transparency3144Act. It would require them to have open board meetings to state3145partners and requires disclosure of executive bonuses.3146 I am sure you recall the articles that came out about those3147bonuses several months ago. Totally indefensible that they were3148given.3149 As the DOT Deputy Secretary how will you address concerns3150over Amtrak's fiscal responsibility and ensure that they work3151well with their state rail partners?3152 Mr. Bradbury. Well, thank you.3153 I appreciate those goals and definitely would look forward3154to working with you and this committee on any legislation that3155would address that.3156 But with regard to the current situation with Amtrak, it3157is--there is so much additional funding that has been provided3158to Amtrak.3159 There is so much money in the system. We really need to3160take a careful look and ensure that it is being used3161efficiently and effectively, and there should not be any3162wasteful spending, unnecessary bonuses that do not make sense,3163and certainly they need to cooperate closely with states and3164local interests on their passenger service.3165 You know, just before COVID hit Amtrak was on the brink of3166finally being in the black for the first time across their3167network. Of course, that still does not include or that still3168assumes a lot of grant money coming from Congress.3169 A real tragedy for Amtrak what COVID did in terms of3170hitting it and it is still coming back. But we really need to3171take a hard look at the economics.3172 Senator Fischer. Thank you. Thank you, Mr. Chairman.3173 The Chairman. Thank you.3174 Senator Blunt Rochester.31753176 STATEMENT OF HON. LISA BLUNT ROCHESTER,3177 U.S. SENATOR FROM DELAWARE31783179 Senator Blunt Rochester. Thank you, Chair Cruz and Ranking3180Member Cantwell.3181 Like many of my colleagues, my office has been getting3182flooded with calls and messages from thousands of Delawareans3183deeply concerned by the Federal funding freeze and firings, and3184when I met with Secretary Duffy he promised me that he would3185follow the law.3186 Congress authorized and appropriated dollars through3187various programs such as the bipartisan infrastructure law to3188help our communities fund critical projects and to bring our3189Nation's infrastructure into the 21st century.3190 President Trump's funding freeze executive order and3191Secretary Duffy's more recent cancelation of electric vehicle3192charging programs breaks the law.3193 Mr. Bradbury, does the President or any Cabinet Secretary3194have the authority to withhold funds Congress has appropriated3195in the 2021 bipartisan infrastructure law?3196 Mr. Bradbury. Thank you, Senator.3197 The Secretary and all of us at DOT need to follow the law3198and where things are required by law we need to comply with3199those requirements.3200 Where funding programs have some modicum of discretion at3201certain points in the process I do believe it is very fair for3202the President and Secretary to take a hard look at how that3203discretion has been exercised, what decisions have been made,3204whether that is consistent with the legislative purpose,3205whether it makes good sense or is wasteful, and various things3206may follow from that.3207 It may be that the President may wish to propose to3208Congress that a program be rescinded or repealed. It may be3209that the program----3210 Senator Blunt Rochester. Which makes sense. The President3211can propose that and your answer is no, they cannot break that3212law. Do you believe the cancelation of the national electric3213vehicle infrastructure funding by Secretary Duffy is legal?3214 Mr. Bradbury. Well, I do not know all the ins and outs of3215what is happening right now with particular funding programs.3216 I am confident the Secretary is focused on complying with3217the law and following through on the President's instruction to3218pause programs, to audit them, to take a hard look at how the3219money is being used, what the effect of it is. I think that is3220a healthy process.3221 Senator Blunt Rochester. The problem is we worked very hard3222on behalf of the American people. Passed legislation, got the3223funding. People have started programs. Shovels are in the3224ground.3225 I do not think it is appropriate to pause something that we3226passed in law. And, as you know, the Department sets the3227corporate average fuel economy, also known as CAFE standards,3228and Secretary Duffy's first action was to reverse those3229standards.3230 And we all know--it is no secret that transportation is one3231of our largest contributors to U.S. greenhouse gas emissions.3232The science is really clear. Why are we going backwards?3233 Mr. Bradbury. Well, I do not believe the Secretary canceled3234the standards. He directed that there be a review of the3235standards and that a proposal be put forward to reset, change3236the standards, or potentially rescind the previous standards.3237 And I think it clearly reflects a view that standards in3238recent years have gone way beyond what the program was designed3239to achieve through corporate average fuel economy and was3240really becoming an instrument to----3241 Senator Blunt Rochester. Can you just confirm? Did you say3242he has not or it is paused or just--I am just trying to get3243clarity. He has not?3244 Mr. Bradbury. I believe he directed NHTSA to review the3245standards and proposed replacements for them.3246 Senator Blunt Rochester. OK. Proposed, not change or stop3247or--OK.3248 And I personally think this reversal should it happen is3249bad for business. I think it is bad for automakers, who are3250seeking certainty from us as the government, and it is bad for3251the environment as well as I think a bad decision for lowering3252the cost of goods for American families.3253 As Deputy Secretary of Transportation you will also, once3254again, play an outsized role in the government's operation of3255vital safety programs.3256 There are numerous public reports detailing your role in3257obstructing the Boeing 737 MAX investigation conducted by this3258committee. Senator Cantwell shared very clearly some of those3259concerns. We believe that the safety of our families should be3260a nonpartisan issue.3261 I have some more questions that I will submit for the3262record because my time has run out. But thank you so much, and3263I yield back.3264 The Chairman. Thank you.3265 Senator Blackburn.32663267 STATEMENT OF HON. MARSHA BLACKBURN,3268 U.S. SENATOR FROM TENNESSEE32693270 Senator Blackburn. Thank you, Mr. Chairman, and Mr.3271Bradbury, congratulations on the nomination.3272 We look forward to moving you out of this committee,3273getting you confirmed and getting you to work because there is3274a lot that needs to be done.3275 I appreciated our visit. I did want to talk with you for3276just a moment about banning Federal procurement of Chinese3277drones and that is legislation that I have had. It has been3278signed into law.3279 But we know the CCP never stops lying, cheating, stealing.3280It is kind of their business model, and one of the things that3281we have found is even though we have been able to ban some of3282these companies from the drones and even though they are on the3283Commerce Department's Entity List they are still, because of3284some of these affiliations and murky corporate structures and3285partnerships, they are still selling EV chargers into the U.S.3286and that needs to come to a stop because these chargers just3287really grab massive amounts of consumer data, and if there are3288going to be charging stations and if there are going to be3289programs this is something that needs to be reviewed.3290 So where are you when it comes to dealing with these3291Chinese entities and will you work with us on this?3292 Mr. Bradbury. Oh, absolutely, I will work with you. This is3293a real serious concern, not just in the particular areas that3294you referenced, Senator, but across the board with lots of3295Chinese products coming into the U.S. including EVs and other3296products and the components that go into them.3297 It is a national security concern in terms of sensors3298collecting data and where does that data go, who controls it--3299is it the CCP, et cetera.3300 But it is also an economic concern because these products3301are often subsidized by the Chinese government and undercutting3302U.S. industry and potentially gutting U.S. industry.3303 So it is a very serious concern. I know the President is3304very focused on that and I look forward, if I am fortunate to3305be confirmed, to helping support that effort.3306 Senator Blackburn. Excellent. Also, talk to me a little bit3307about raising the pilot age. Of course, the last administration3308their Ambassador to ICAO refused to participate in this and, as3309you know, keeping the pilot age where it is is pretty much a3310giveaway to the pilot union.3311 And we have got a lot of pilots that would like to keep3312flying. Some want to move from long calls to regional flights3313and I think they should have that option.3314 Mr. Bradbury. I think that is something that should be3315looked at very seriously because some of our more experienced3316pilots want to keep flying and they may not--they may have3317opportunities, as you suggest, to move from long haul flights.3318 They may be interested in continuing their careers in3319regional or short haul flights, and it seems like something3320that should be--we should be open to that possibility, just as3321the Secretary has suggested it would be good to keep some of3322our more experienced and seasoned air traffic controllers on3323the job too, and some artificial age limitation or required3324retirement age may not be in the best interest of the country.3325 Senator Blackburn. We agree with that. One thing I did want3326to put on your radar, during President Trump's first term DOT3327took some steps to help combat human trafficking in3328transportation.3329 I know you are aware of that. We would like to see those3330steps implemented once again. This is an area where I have done3331a lot of work. There is opportunity for you all to support that3332and we would appreciate that.3333 Memphis--we talked about Memphis a little bit. Of course,3334we are the logistics hub. All of the class one railroads are3335there. The Port of Memphis is there.3336 FedEx, of course, which is the largest express carrier in3337the world, is there. So our logistics needs are incredibly3338important.3339 And just as we were so grateful that Secretary Duffy made3340his first trip to Tennessee and North Carolina to see the3341damage on I-40, which also runs through Memphis--goes from3342North Carolina to California, all across the country--and we3343appreciated his attention to that in the aftermath of Hurricane3344Helene.3345 But we would like to get you to Memphis and see firsthand3346some of our needs there as we are the logistics hub of the3347country.3348 Mr. Bradbury. Well, I would welcome that opportunity. Those3349intermodal facilities are so critical to our national freight3350network and to the economy. It touches every American.3351 Senator Blackburn. Yes, it does. Thank you so much.3352 Mr. Bradbury. Thank you.3353 Senator Blackburn. Thank you, Mr. Chairman.3354 The Chairman. Thank you.3355 Senator Baldwin.33563357 STATEMENT OF HON. TAMMY BALDWIN,3358 U.S. SENATOR FROM WISCONSIN33593360 Senator Baldwin. Thank you, Mr. Chairman.3361 Thank you for the opportunity, Mr. Bradbury, to meet and3362have discussions prior to this hearing.3363 I am going to mention that during Secretary Duffy's hearing3364I asked him about the Department of Transportation's finalized3365rule to discontinue manufactured products general waiver.3366 We talked about ``Buy America'' standards and rules when we3367met. To discontinue this waiver that had been in place for 403368years and has allowed the Federal Highway Administration to3369sidestep ``Buy America'' rules.3370 It is a straightforward idea. When we use taxpayer dollars3371to build infrastructure we should be using American products3372and we should be supporting American small businesses and3373workers.3374 So I asked Secretary Duffy for his commitment on following3375through on this ``Buy America'' rule and I want to ask the same3376of you.3377 Are you committed to implementing this final rule as3378written?3379 Mr. Bradbury. Oh, yes, I am, and I think the President will3380have a strong emphasis on ``Buy America'' as will the3381Secretary. We did in the previous administration and I would3382expect that to be even redoubled.3383 With this rule change we now include engineered products in3384the ``Buy America'' requirements and we need to be candid that3385is going to present some challenges.3386 But I welcomed the opportunity to discuss with you3387yesterday the example that you gave of being proactive and3388actually going to those foreign manufacturers where there are3389instances where there is no other option available and getting3390them to invest in the U.S. to support jobs and businesses in3391the U.S. and that is exactly what the ``Buy America''3392requirement is designed to achieve.3393 We have to work very, very hard at it but I think we are3394going to be committed and we are not going to be granting3395waivers left and right.3396 Senator Baldwin. That is very important to hear, and it is3397about job creation here in the United States, bringing jobs3398that we have lost back and keeping many here.3399 On the topic of safety I wanted to reference something that3400the Ranking Member noted in her opening comments. I am3401concerned about that record at the Department of Transportation3402when you were last there.3403 In 2019 our committee opened an investigation into the3404crashes of the two Boeing 737 MAX aircrafts that killed 3463405people.3406 You led the Department of Transportation's Office of3407General Counsel at that time. When Chair Wicker's staff3408compiled evidence and it suggested that you intentionally3409withheld relevant information requested by the Committee, and I3410am quoting from the report, ``and improperly redacted3411information and produced documents hindering the Committee's3412oversight investigation.''3413 Chair Wicker's staff report concluded that the level of3414cooperation by FAA and DOT was unacceptable and at times3415bordered on obstruction. It is--this is cited in a Republican3416report.3417 So how can we trust that you are the right person for this3418job when it sounds like you were not the right person in your3419previous job at the Department of Transportation?3420 Mr. Bradbury. I appreciate the question, Senator, because I3421really would like an opportunity to respond on this point.3422 The Department went through what was the most intensive set3423of investigations, I think, in probably in the history of the3424Department with regard to 737 MAX disasters.3425 I think it was completely appropriate. It was not just the3426Senate Commerce Committee. It was also the House T&I Committee3427at the same time.3428 The FAA was inundated with requests and I believe the3429Secretary--Secretary Chao made the right decision that it was3430important for the Office of the Secretary to ensure that there3431was a full and efficient response to those oversight requests.3432 So what we were doing was attempting to facilitate the3433response to the oversight requests, not impede them, not block3434them or stonewall the requests.3435 Senator Baldwin. I am going to have to cut you off there3436because I do have a couple of additional questions. But you can3437more fully answer if you would like in writing after the3438hearing.3439 I want to just ask a series of yes or no questions. Yes or3440no, do you support privatizing the air traffic control system?3441 Mr. Bradbury. This is not----3442 Senator Baldwin. Yes or no.3443 Mr. Bradbury. This is not something I am going to propose3444or push to the Secretary.3445 Senator Baldwin. OK. Do you support eliminating or3446defunding the Essential Air Service?3447 Mr. Bradbury. As I have discussed, no.3448 Senator Baldwin. Do you support reforming or repealing the3449Jones Act?3450 Mr. Bradbury. No.3451 Senator Baldwin. Do you support eliminating Federal3452discretionary grants at the Department of Transportation?3453 Mr. Bradbury. No.3454 Senator Baldwin. Thank you.3455 The Chairman. Thank you.3456 Senator Schmitt.34573458 STATEMENT OF HON. ERIC SCHMITT,3459 U.S. SENATOR FROM MISSOURI34603461 Senator Schmitt. Thank you, Mr. Chairman.3462 I want to congratulate you, Mr. Bradbury. Enjoyed our visit3463in the office, and I think that your track record and your3464results-oriented leadership puts you, you know, in a really3465good position to help lead this department that in many ways3466has sort of lost focus of its core mission.3467 I will also point out I have seen you in this committee3468more times than I ever saw Pete Buttigieg, which is an3469interesting little fun fact.3470 I want to talk to you a little bit what we--in our office3471we have talked about sort of 21st century airports, and having3472grown up in the shadow of Lambert in St. Louis it is sort of3473embarking on this new mission.3474 There is a lot of opportunities and we talked about it but3475I just wanted to reinforce the point. Look forward to working3476with you on that and maybe have you come out to Missouri and3477see not just Lambert but some other DOT assets.3478 Mr. Bradbury. Thank you, Senator. I look forward to that,3479too.3480 Senator Schmitt. On the topic of--on infrastructure in3481general China is in many ways coming for our lunch on a whole3482host of things and they are moving at rapid speed on a lot of3483things--infrastructure projects, clearly, in their own country3484but the ``One Belt One Road'' initiative in our country is sort3485of--hopefully we get back to focusing on real transportation3486projects here, not woke tag lines.3487 What are some things that can be done to help streamline3488that process, the approvals? Could you talk a little bit about3489maybe some challenges with the way currently NEPA plays out in3490these projects?3491 Mr. Bradbury. Absolutely. We have a real opportunity to3492undertake some fundamental review and reform of the NEPA3493process and the permitting.3494 Obviously, it is a critical priority for the President3495because infrastructure projects depend on those permits getting3496efficiently resolved so that the projects can move forward.3497 The President has issued an order to ensure that that3498happens. I think there is going to be a complete review of the3499regulations across the executive branch.3500 Each department and agency with an important stake in3501infrastructure projects will be redoing their NEPA regulations,3502and I look forward to working with CEQ--Council of3503Environmental Quality at the White House--and all the other3504departments and agencies in a cross-government effort to3505streamline NEPA, and there is a lot that can be done to3506streamline it and focus the review on the types of issues that3507I think Congress intended when it conceived of NEPA. It should3508not hold up projects for years.3509 Senator Schmitt. Well, in the interim between your time3510previously and now a couple of significant court cases have3511been handed down--EPA versus West Virginia, the major questions3512doctrine. Then, of course, the Loper Bright case where the3513Chevron deference was overturned, thankfully.3514 Could you just talk a little bit about how you see the3515interaction between the department and the legislature changing3516a little bit or kind of what you foresee with the shifting3517tides here?3518 Mr. Bradbury. Oh, absolutely.3519 With the Loper Bright decision it is very clear we cannot3520creatively interpret statutes to expand our authority into new3521areas. That is discretion that resides with Congress in terms3522of changing, expanding the law, and the jurisdiction of3523agencies and I think the courts are going to be stricter now in3524interpreting statutes to ensure we stay in our proper bounds.3525 And the major questions doctrine very important and I think3526that implicates some of the things that DOT has been doing in3527recent years.3528 When it comes to massive new regulatory efforts on the part3529of departments like DOT that have economic impacts for the3530lives of Americans across the economy it is clear the Supreme3531Court has said now, wait a minute, there has got to be a clear3532authorization in statute from Congress before the agency can3533entertain that kind of transformational rule and I really think3534that is a critical restraint, and we see that with, I believe,3535with the CAFE program, for example.3536 Senator Schmitt. Great. I appreciate that.3537 One last question. So under the FAA--I think we talked3538about this in my office--is the Office of Commercial Space3539Transportation, or AST, which is responsible for licensing and3540regulating all commercial rocket launch and reentry activities.3541 AST is a mess--a total mess right now. Would you work with3542me on helping try to streamline that and cut out some of the3543bureaucracy and get things right with AST?3544 Mr. Bradbury. Oh, absolutely. You know, we did work hard to3545streamline the commercial space launch regulations last time3546but it is clear as the cadence of launches increases we need to3547do much more. We need to streamline it further. It is an3548important function but we need it to be much more efficient.3549 Senator Schmitt. Thank you. Congratulations.3550 Thank you, Mr. President--or thank you, Mr. Chairman.3551 Mr. Bradbury. Thank you.3552 The Chairman. I will take the promotion.3553 [Laughter.]3554 The Chairman. Senator Hickenlooper.35553556 STATEMENT OF HON. JOHN HICKENLOOPER,3557 U.S. SENATOR FROM COLORADO35583559 Senator Hickenlooper. Thank you, Mr. Chair.3560 Mr. Bradbury, thank you very much. I grew up reading the3561science fiction writer Ray Bradbury and, obviously, Butte is a3562long way away from his domain. But I have met--you are the3563third Bradbury I have met. I have always--it is an unusual3564name.3565 Anyway, I appreciate your journey through Stanford,3566Michigan, and all your service both in the legal field and in3567government.3568 I want to talk a little bit about impaired and distracted3569driving. Obviously, it is a big issue. Thirteen thousand people3570died in alcohol-impaired accidents last year nationwide.3571 In Colorado it is one out of every three highway deaths is3572connected to some form of impairment, and we have a standard3573for impairment with alcohol but we do not have any standards3574yet for people driving while high with marijuana--THC.3575 How should DOT work with the Department of Justice and HHS3576to develop a science-based impairment system that we can3577address this with?3578 Mr. Bradbury. Well, that is a very interesting question.3579Thank you, Senator.3580 As you know, just as you said we do not have a blood test3581or a breath test, as I understand it, for being high on3582marijuana and driving, and it is a growing problem in the3583country.3584 I think NHTSA has put funds in and worked with local first3585responders and local sheriffs offices on training for local3586police and sheriffs and first responders who get to a scene to3587assess whether a driver is high on marijuana, and it is really3588a physical assessment at the scene and it is very important to3589have that training and capability available with our local law3590enforcement and first responders.3591 So there needs to be a lot of support for that and I3592believe the Justice Department could play an important role3593there through Justice grants programs and their law enforcement3594relationships.3595 So that is certainly the first way I would think about3596assessing that. I know that there are technological solutions3597that are being discussed and potentially on the horizon, and3598that Congress has directed the Department, NHTSA in particular,3599to look at those options for potentially being part of the new3600motor vehicle, and that is something we need to take a hard3601look at.3602 I am not sure that the accuracy and reliability is yet3603there but we need to continually assess the availability, the3604cost of that technology, the accuracy and reliability because3605that could be a solution.3606 But it needs to be something that is accepted by the3607American people if you are going to talk about something that3608you put in a new motor vehicle.3609 Senator Hickenlooper. Right. It will take the right process3610to get there to make sure that people buy into it.3611 Mr. Bradbury. I think we are closer for drunk driving and3612that is something that may be on the horizon and is very3613important. As you say, 13,000 drunk driving deaths a year. Get3614that number down.3615 Senator Hickenlooper. That number--just so you are clear,3616on per lane miles driving that number has plummeted over the3617decades. So the National Highway Transportation Safety Board3618has done a pretty good job on that. But we still--13,000 is too3619many. It was not too long ago that it was 30,000.3620 In terms of aviation safety, we are seeing too many3621accidents--you are aware of that--and they are not all at major3622airports. I look at airports and so much of it is the volume3623and they are big enterprises.3624 DIA in Denver International Airport is a massive3625enterprise. I was concerned with some of the recent formulas.3626Now we are going to look at birth rates in your state as a3627function of how some allocations of Federal infrastructure3628investments will be made. That is concerning.3629 But I also look at it in terms of the smaller airports3630which, again, in some of the western states we do not have that3631high birth rates and we do--obviously, as certain people try to3632encourage that as much as possible.3633 But we have always pursued efficiency when we look at3634government spending in our workforce and try to target clear3635goals on things like public safety, and I think in terms of our3636small airports, what is your sense of being able to make sure3637that we have the staff with the proper experience to be able to3638address this at a time when we are facing cutbacks?3639 And I worry that those are the--in many cases, are viewed3640as the people that are most expendable. Is there some3641commitment you can give us to make sure we preserve and, if3642anything, expand that skill base within our workforce?3643 Mr. Bradbury. I am sorry, Senator. Are you are talking3644about staffing at airports? Airport authority staffing or----3645 Senator Hickenlooper. The FAA. So the Air Force authorities3646are more autonomous but that to a certain extent the3647infrastructure in those small airports is coming in most cases3648to blend the Federal dollars and local dollars.3649 Mr. Bradbury. That is right. That is right.3650 The grants that FAA administers for new terminals, new3651runways, et cetera, expansions at airports, a very sizable3652grant program that is administered by FAA, and certainly we3653need the staff at FAA to administer the program effectively.3654 And I think as we look at achieving greater efficiencies,3655doing more with less at the Department of Transportation, it is3656incumbent on the Secretary, and I will help him in this regard3657to ensure that those cuts are done in a way that preserves our3658capability.3659 We have the adequate staff to administer the programs that3660by law we need to administer and those are important ones.3661 Senator Hickenlooper. I appreciate that, and making sure we3662have the adequate staff, I think, is the key word there.3663 I yield back, Mr. Chair.3664 The Chairman. Thank you.3665 Senator Moran.36663667 STATEMENT OF HON. JERRY MORAN,3668 U.S. SENATOR FROM KANSAS36693670 Senator Moran. Chairman, thank you.3671 Mr. Bradbury, welcome to the Committee. Nice to see you3672again.3673 I think that some of the things that--at least one of the3674things I will ask you has been asked but I have to do it and3675hear it from you as well.3676 This is not that topic, but we were clearly involved--this3677committee--in the FAA reauthorization. We made significant3678attempts in the FAA's aviation rulemaking role to improve the3679ability for the FAA to timely provide answers and provide3680technical standards to enable new innovation in aviation.3681 I come from the air capital of the world where we3682manufacture many of the planes that are flown today, general3683aviation and commercial, and the challenges we face in keeping3684up with technology and safety are significant, and in part the3685challenges are attributed to the need for an additional level3686of workforce at the department for purposes of completing the3687tasks but also having a workforce that has the necessary3688technical and experience capabilities.3689 You need an experienced workforce so that we can again3690provide safe and highly technical advice and approvals at FAA.3691What would you tell me to make me feel comfort? In large part,3692I am asking you how you will implement the FAA reauthorization3693bill?3694 Mr. Bradbury. Well, thank you, Senator, and I really3695appreciate what Congress has done with FAA reauthorization and3696the support for the aviation system--the safety of the system3697but also the technical upgrades that are needed and that is a3698major focus--a major focus, I know, for the Secretary.3699 We are looking at it in terms of air traffic control but as3700you suggest it implicates all aspects of aviation industry and3701it is critical for FAA and Department of Transportation as a3702whole to stay up to pace with developments in technology and I3703think that is a new sort of attitude and approach that is being3704brought to bear right now by the President and the Secretary3705across the board.3706 We need the latest tools. We need the latest data and data3707analytics and computer capabilities. I think that is what the3708Secretary is bringing to bear and looking at the systems and3709ensuring that they are up to speed, improved, et cetera, and we3710need the people, the people at FAA and in the Department who3711can--who are capable and knowledgeable about that.3712 So, I mean, it is a big emphasis. Thank you.3713 Senator Moran. I appreciate that. I mean the promulgations3714of rules, the policy, and guidance has to be timely and3715accurate, appropriate, and that requires a highly educated,3716trained workforce as well as a mindset and leadership that3717recognizes its importance.3718 This is the question that I think you have been asked3719before because this is a very rural committee but Essential Air3720Service is a hugely significant component. Kansas has five3721airports that utilize Essential Air Service.3722 We are one of the most prolific Essential Air Service3723states in the country, and I know that you have written about3724this but I think you have indicated in your testimony that you3725will be supportive of Essential Air Service and I want to ask3726that question.3727 Do you support Essential Air Service program and if3728confirmed will you support it in your role as the Deputy3729Secretary?3730 Mr. Bradbury. I will, Senator. The President and Secretary3731have made very clear firm support for Essential Air Service. It3732is clear that the Congress as a whole and this committee3733strongly support it and I do not know that I have personally3734written on Essential Air Service.3735 I know some of the theoretical arguments for and against3736and the fact that it was originally intended to be temporary.3737It is, obviously, important and as Congress has made the3738judgment that it is here and we need to support it. So I am3739definitely on board with that.3740 Senator Moran. I appreciate that answer and I am sorry that3741I suggested you wrote about something that you may not have3742written about.3743 Again, I do not know whether this has been asked this3744morning but we are still in recovery in Kansas and across the3745country with the disaster--the tragic accident that occurred at3746Reagan several weeks ago now.3747 I have an agreement with the FAA, the Secretary, that the3748operations in regard to the Army helicopters at Reagan will3749remain paused during the NTSB investigation and that we would3750be notified if there was a change--a plan to change that3751feature.3752 Does that comport with what you know? I should feel3753comfortable in believing that is still to be the case today?3754 Mr. Bradbury. I am not up to speed on that. I mean, I do3755not know, but I am sure the Secretary will follow through on3756his commitment to you and I certainly would support that.3757 It seemed to me that was a horrible accident that was3758entirely avoidable and just a terrible tragedy.3759 Senator Moran. And I think I have got 19 seconds but I will3760yield back to the Chairman. Thank you.3761 Mr. Bradbury. Thank you, Senator.3762 Senator Moreno [presiding]. Senator Kim.37633764 STATEMENT OF HON. ANDY KIM,3765 U.S. SENATOR FROM NEW JERSEY37663767 Senator Kim. Thank you. Thank you for coming before us.3768 I guess I just wanted to start by talking about, you know,3769a massive priority in New Jersey. I mean, one of the largest3770construction infrastructure projects in the Nation is occurring3771right now between New Jersey and New York called the Gateway3772Project.3773 And I know that, you know, the Federal Government cannot3774get involved in every single infrastructure project, every3775single transportation project in the nation, but you know, I3776believe that there needs to be some process of triaging and3777prioritizing.3778 So I guess I would just want to ask you do you believe that3779the Gateway Project is a critical infrastructure project that3780has both regional and national implications?3781 Mr. Bradbury. Yes. As I mentioned to you yesterday, I3782definitely view that as a national--a project of national3783importance and we need to ensure that it is done efficiently3784and that the dollars are well spent.3785 That is true for every major infrastructure project we fund3786but that one, that connection up and down the Northeast3787Corridor from New Jersey to New York and the role that the New3788York metropolitan area plays certainly of national importance.3789 Senator Kim. Yes. No, I do not discount the need to be able3790to make sure we are being good stewards of the resources of3791this Nation and, you know, this project so far is on time and3792under budget. So, you know, we are excited about that.3793 I guess I wanted to ask you, you know, can we count on your3794support to be able to keep this project going, keep the funding3795going. It is already underway and, obviously, as you know,3796putting the brakes on any construction project, let alone one3797of this magnitude, can just be really debilitated and,3798honestly, raise costs even more.3799 So I just wanted to hear from you if we can count on your3800support for this?3801 Mr. Bradbury. Well, I will support the Secretary in the3802Department's commitment to projects such as the Gateway project3803and so I will not be making that decision--any of those3804decisions myself.3805 But I understand the importance of the project. I have3806worked on it the first time around. I think we had a good3807discussion about the tunnels and what could be done with the3808existing tunnels and the new tunnels that are in the planning,3809and I would hope to be involved in a very supportive way in3810helping the Secretary follow through on these projects.3811 Senator Kim. As we are investing in this, you know, a big3812reason why we are doing so is to be able to make transit,3813especially for passengers, commuters, more reliable. Amtrak--I3814told you about the challenges we face with NJ Transit as well.3815 A lot of questions about funding for Amtrak, a lot of3816proposals in the past here in this building about slashing3817Amtrak funding.3818 Do you think Amtrak is funded to the level that it needs to3819be? Do you believe that there is room or your perspective for3820cuts or greater investment?3821 Mr. Bradbury. Well, I think that it is always incumbent on3822us to take a hard look at how the money is being spent and3823whether it is achieving the goals, whether the system is being3824operated efficiently.3825 Senator Kim. Well, I guess I will ask you do you think that3826the funding for Amtrak is achieving its goals? From your3827experience before at the Department of Transportation what did3828you feel?3829 Mr. Bradbury. Well, as I mentioned earlier, you know, we3830were very hopeful back at the end of 2019. We were looking at3831coming into a new year where for the first time Amtrak was3832projecting it would be in the black across its network and, of3833course, then the bottom fell out with COVID.3834 I look forward to taking a hard look, Senator, to be frank,3835because there is a lot of money in the system.3836 Senator Kim. Yes.3837 Mr. Bradbury. We just need to ensure that it is appropriate3838and it is being well spent.3839 Senator Kim. I do not discount that. It is just, you know,3840I hope I can hit home to you just how critical this is for3841reliability and for ability for people to get to and from work.3842 I want to just build on something. One of my colleagues3843asked you about your role on--well, your perspective on3844privatization of air traffic controllers. You said that you3845were not going to necessarily be the one that pushes that3846proposal forward.3847 But I guess I just wanted to ask you do you believe that3848privatizing air traffic controllers is a good idea?3849 Mr. Bradbury. Well, you know, Canada has done this with3850transferring air traffic control to a nonprofit corporation.3851There were--it was seen as a very efficient solution, and as I3852think you know, Senator, President Trump did put forward the3853idea and support the idea.3854 In 2017, Congress in its judgment deliberated over it and3855did not accept it. And, again, we see in the recent FAA3856reauthorization, as I understand it, there were further debates3857and, again, it was not something that was made part of FAA3858reauthorization.3859 And so my comment is that I do not anticipate that I will3860be spending time promoting or pushing this, the Secretary of3861Transportation to recommend to the President this because it3862just is not something that has been embraced by Congress as a3863whole.3864 There are good arguments for it. It may be a good solution3865down the road. But that will be for Congress to judge and3866decide.3867 Thank you.3868 Senator Kim. OK. Thank you. I yield back.38693870 STATEMENT OF HON. BERNIE MORENO,3871 U.S. SENATOR FROM OHIO38723873 Senator Moreno. Thank you for being here, Mr. Bradbury, and3874I recognize myself right now to speak.3875 Let me ask you a question. You are being asked to be3876confirmed as the Deputy Secretary of Transportation for United3877States of America. So first question I would ask you is, what3878is the most common form of transportation that Americans use on3879a day to day basis?3880 Mr. Bradbury. The automobile. Americans love their cars and3881we have billions of trips by auto every year in the United3882States.3883 Senator Moreno. So let us talk about the car business,3884something near and dear to my heart. What is the impact of3885regulation after regulation after regulation on the auto3886industry in terms of the cost of automobiles?3887 Mr. Bradbury. Well, regulations have costs and those costs3888are passed by the manufacturers down the line to the American3889families--the Americans who buy those automobiles or want to3890try to buy those automobiles.3891 So the effect is on affordability of new automobiles and3892that is a critical issue. We want new automobiles to be3893affordable.3894 We want Americans to buy more new automobiles, and it is3895not just to support the auto industry as an important part of3896our industrial base but it is because new cars and trucks are3897safer--significantly safer than old used vehicles and the3898statistics show that.3899 So affordability is not just an economic issue. It is a3900safety issue, too.3901 Senator Moreno. Well, thank you for that.3902 And if you look at the constitutional role of the Federal3903Government, would you agree that it is uniquely the role of the3904Federal Government to regulate interstate commerce?3905 Mr. Bradbury. Yes. The Constitution gives that to Congress.3906 Senator Moreno. So meaning--I think what the Founders had3907in mind is not give any individual state the ability to do3908something different that would impede interstate commerce or3909the idea that, hey, we are a united country and we should have3910standards that when they cross state lines that you have one3911Federal standard.3912 Is that fair to say? Is that what you think they had in3913mind?3914 Mr. Bradbury. Yes, and I think that is what they have in3915mind for the CAFE program, for example--the fuel economy3916standards. One of the things we emphasized in the first Trump3917administration was the goal of having one Federal standard for3918fuel economy in the United States.3919 I believe that is what Congress decided on and it is3920important that we have that consistency. You cannot really3921build different fleets of vehicles for different states in the3922United States. That is not an efficient way for an auto3923manufacturer to function.3924 Senator Moreno. Because, again, it adds cost to the car and3925it adds cost to the government because the government has to3926look at these waivers.3927 So in your mind, when you have California that has had a3928carve out for 51 years the ability to set a different set of3929emission standards has that made the auto industry healthier or3930less healthy?3931 Mr. Bradbury. Well, I do think, as you indicated, it has3932imposed costs that are passed along to car buyers all over the3933country in every region of the country.3934 Now, when Congress first conceived of this exception for3935California it was because of the terrible smog experienced in3936the L.A. basin primarily, and auto--new vehicles have gotten3937much cleaner in terms of those smog-causing pollutants.3938 So I think there is a real question whether it still makes3939sense. But when you start talking about the climate3940regulations, the greenhouse gas restrictions and carbon dioxide3941restrictions that California has put on automobiles, inevitably3942that affects the fleet across the country and it affects the3943affordability and costs that American families are forced to3944pay for new motor vehicles in every region of the country.3945 Senator Moreno. So it is fair to say that the people I3946represent in the state of Ohio are paying more money for the3947automobiles that they buy because of rules by out-of-control3948bureaucrats in California?3949 Mr. Bradbury. That is fair to say, yes.3950 Senator Moreno. And interestingly, because I think what--we3951will go back to the Constitution--I think what the Constitution3952had in mind is they did not want to have crazy state people3953making decisions for the rest of the country, and when you have3954California, which is saying, hey, by 2030 you cannot basically3955have--two-thirds of the cars have to be electric and by 20353956all of them have to be electric, actually move that forward it3957seems like those are guidelines that Greta Thunberg think is a3958good idea but I do not think automotive engineers would think3959it is a good idea.3960 I will ask you this, Mr. Bradbury, straight up. You know, I3961think Senators think they are pretty powerful people. I think3962politicians think they are pretty powerful people. Do you think3963politicians can bend the laws of physics?3964 Mr. Bradbury. No, I do not, nor the laws of economics.3965 Senator Moreno. I do not know that they know that because I3966think when you look at it and say, well, let us do more on CAFE3967standards, reduce this, and look, we are all for that.3968 I do not think there is anything special about California3969that--or Californians that they should have better air than3970Ohioans.3971 I just think that we have to be realistic about what is3972technologically possible and I think it is well past due after397351 years that we go back to our constitutional principles of3974one Federal standard that is actually achievable and attainable3975based on what we understand technology to be.3976 And I also think--and I want to ask your response to this--3977do you think that giving the industry certainty, saying, hey,3978here is the rules of the road for the next 10 years so that3979they do not have to worry about some lunatic in California3980coming up with a rule that is completely unattainable, do you3981think that that would be healthy for our auto industry to3982compete worldwide?3983 Mr. Bradbury. Oh, absolutely, and I think that is what3984Congress intended.3985 Unfortunately, in recent years we have seen dramatic swings3986in the regulatory landscape, and you hear from automakers all3987the time that that is the last thing they want to see is those3988swings and--but as you say, regulations cannot achieve an3989aspirational result that is not really consistent with3990economics or, as you point out, the laws of physics.3991 So I think we need one reasonable Federal standard and I3992really believe that is what Congress intended, particularly for3993the fuel economy program.3994 Senator Moreno. Thank you for your testimony. I look3995forward to working with you once you are confirmed.3996 Mr. Bradbury. Thank you, Senator Moreno.3997 Senator Moreno. I now recognize Senator Lujan.39983999 STATEMENT OF HON. BEN RAY LUJAN,4000 U.S. SENATOR FROM NEW MEXICO40014002 Senator Lujan. Thank you, Mr. Chairman.4003 Mr. Bradbury, thank you for being with us today. I am going4004to start with some yes or no questions and I would appreciate4005it if you could just keep them to simple yes or noes, if at all4006possible.4007 Will you follow the law?4008 Mr. Bradbury. Yes, Senator.4009 Senator Lujan. Yes or no, Mr. Bradbury--is improving safety4010on our roadways a priority for you?4011 Mr. Bradbury. Yes.4012 Senator Lujan. Yes or no, do you believe that technology4013plays a role in making cars safer?4014 Mr. Bradbury. Absolutely, yes.4015 Senator Lujan. Yes or no, do you support the utilization of4016technology in cars to reduce collisions like radar and LIDAR?4017 Mr. Bradbury. Yes, and I see a lot of positive innovation,4018a lot of investment in these new technologies which really have4019a great potential to save lives.4020 Senator Lujan. I appreciate that.4021 Yes or no, do you support the utilization of advanced4022driver assistance systems to reduce roadway fatalities?4023 Mr. Bradbury. Again, yes. We see the automakers investing4024in this. We see car buyers interested in the technology and it4025has great potential to help save lives.4026 This is a different question from whether technology should4027be mandated by the Federal Government to be a required4028component of every new vehicle. That is a calculus--a cost4029benefit calculus--because, again, we can go 100 percent on4030everything as a mandated requirement of the Federal Government4031but it is going to affect the bottom line. It is going to4032affect the affordability of vehicles and that always has to be4033kept in mind.4034 One thing that is critically important is to preserve the4035incentives that the industry has to invest in this new4036technology and continue the improvements, not necessarily4037dictated by the government to do it but to do it because it4038makes their products better, more attractive, more valuable to4039customers, and safer, and safety has got to be the objective.4040But affordability is an unavoidable component of that.4041 Senator Lujan. Which is more important?4042 Mr. Bradbury. It is--safety is always, of course, more4043important but if----4044 Senator Lujan. I appreciate it. You answered the question.4045 Mr. Bradbury. But if people are not buying----4046 Senator Lujan. So if I may--I am almost out of time, Mr.4047Bradbury. I appreciate you saying that because safety matters.4048People die on the roads.4049 Mr. Bradbury. Too many people die.4050 Senator Lujan. In the early 1990s I was hit head on by a4051drunk driver. Thank God I am here, but there is 10,000 people a4052year who are not.4053 Mr. Bradbury. That is right.4054 Senator Lujan. You know them. We know them. My colleagues4055know them.4056 Mr. Bradbury. And 40,000 to 41,000 fatalities on America's4057highways every year that number is persistent and we need to4058drive it down.4059 Senator Lujan. Sadly, it is. I appreciate you saying that.4060 Do you support autonomous vehicles?4061 Mr. Bradbury. Oh, I am very excited about autonomous4062vehicles.4063 Senator Lujan. Would you mandate this technology in4064autonomous vehicles?4065 Mr. Bradbury. Mandate what technology?4066 Senator Lujan. Everything I just went over--radar, LIDAR,4067all of these safety features.4068 Mr. Bradbury. I would be--well, we need a consistent4069national framework for the development of autonomous vehicles--4070automated vehicle technology, autonomous vehicles----4071 Senator Lujan. I appreciate that. Would you mandate4072technology in autonomous vehicles or if someone creates an4073autonomous vehicle they can just do whatever they want based on4074making it more affordable?4075 Mr. Bradbury. Those are not the two choices, Senator.4076 I would be reluctant to mandate a menu of technologies and4077tell the industry how the vehicle needs to operate.4078 I think we want to preserve incentives to innovate and4079offer new products and then we need to ensure safety through a4080process of certification or a process of testing.4081 And that is really what we need is a framework that is4082reliable, repeatable for testing autonomous vehicle systems to4083ensure safety, and then this is the way our system has worked4084for auto safety in this country.4085 Other countries may do it differently. They may dictate4086upfront what the requirements are and require sort of4087preapproval certification.4088 We recognize that we want to preserve incentives for4089investment and improvements in industry subject to testing and4090then, of course----4091 Senator Lujan. Let me ask this question, Mr. Bradbury.4092 Do you support the use of driver-monitoring technology both4093inside and outside the car?4094 Mr. Bradbury. I think that is a question that will depend4095on the accuracy and reliability of the technology and the cost4096impact of the technology. And as I indicated, I look forward4097to--and I know this is a subject of great importance to you in4098particular and to many members--I look forward to working with4099you and members to understand better the capabilities of the4100technology and I look forward to talking with the folks at4101NHTSA as they have collected comments and input in connection4102with their--there was an advance notice of proposed rulemaking.4103 Senator Lujan. Mr. Bradbury, you on your own submitted some4104comments to the record in this case and you said that, quote,4105``If NHTSA were to mandate installation of technologies that4106could at any point take over control of a vehicle on the road4107all Americans' freedom to use their cars and trucks would be4108conditioned on the operation of that technology and could be4109snatched away.''4110 All this technology is required in autonomous vehicles. I4111have not even gotten to what I am trying to get to, but you are4112absolutely correct. I care about saving people's lives in a4113bipartisan way.4114 Working with one of the most conservative senators here,4115Rick Scott, out of Florida we were able to earn votes of our4116Democratic colleagues 3 years ago. Under the Biden4117administration under Pete Buttigieg they dropped the ball. They4118did not finish the rulemaking. I asked Senator--Secretary Duffy4119about this. I did not know this. He shared that his wife4120survived a head-on collision as well.4121 Mr. Bradbury. That is right.4122 Senator Lujan. He knows what is going on here. The reason I4123am trying to get to the bottom of this when we talk about4124autonomous vehicles and this innovation in America, America4125should be the driver here and it is going to be expensive.4126 It is going to be expensive. But we need to keep people4127safe so that when they choose to buy that vehicle they are not4128going to die and they are not going to get killed on the road.4129So I certainly hope that we can get to this place and just get4130something done.4131 My last question about following the law, Mr. Bradbury, is4132do you commit to follow the law concerning finalizing the4133impaired driving rulemaking?4134 Mr. Bradbury. I will--we will follow the law as directed by4135Congress with regard to that and we will proceed forward, and4136as I indicated I look forward to seeing the information that4137has come in and talking to industry, talking to those who know4138more than I do about what that technology can achieve.4139 I believe that is what Congress wanted NHTSA to do, and I4140recognize that some forms of that technology may be closer than4141others.4142 So, for example, the technology in a starter button that4143can sense through the skin blood alcohol content and might4144prevent a car from being started--that is a kind of technology4145that may be closer on the horizon in terms of accuracy and4146reliability.4147 Senator Lujan. And Mr. Bradbury, please send some4148additional response to the record. I know I am over time here.4149 But it might surprise you if you are not aware that I think4150Volvo, Subaru, their cars already have this technology. They4151are driving on the roads in other countries. They are not here4152yet but, nonetheless, the technology has been improved.4153 And if you go to the auto shows like I like to do you can4154get in them and check it out. I mean, it is pretty incredible4155what they have done.4156 Mr. Bradbury. I look forward to.4157 Senator Lujan. And this legislation did what it was4158supposed to. It got the market to respond. Major auto4159manufacturers are filing the patents to do this stuff.4160 It is quite incredible when you can touch those conditions4161and then you let the innovation just get out there and solve4162these problems. We can save people's lives.4163 Thank you, Mr. Chairman.4164 Mr. Bradbury. Thank you.4165 Senator Moreno. Just a real, very fast question back to4166you. Let us say that we do that, mandate everything. Look, as a4167former car dealer let us load up the car with every option4168possible. The price of cars has gone from $40,000 to over4169$50,000. People will buy less cars, not because they do not4170want the technology--they cannot afford it.4171 What is better, a newer fleet of cars where people buy more4172new vehicles or these insanely expensive really cool cars with4173all kinds of crazy technology that nobody affords so they keep4174their old car? What makes the entire fleet safer?4175 Mr. Bradbury. I think as you put your finger on it, you4176know, the average age of the automobile in the U.S. fleet is4177approaching 13 years. This is a serious national problem.4178 We have older and older--we have cars that are 25 and 304179years old on the road that have gone through four, five, six4180different owners. These are far less safe in a highway crash4181than newer vehicles.4182 So affordability is a critical component of safety. It also4183is a critical component of economic happiness and quality of4184life for Americans. We should want Americans to buy more new4185vehicles and that really should be a goal.4186 So that is why I say it has to be a balance.4187 Senator Lujan. Mr. Chairman, I am not asking for the cars4188to fly. I just do not want people to die. That is all that I am4189saying.4190 Senator Moreno. You are asking----4191 Senator Lujan. I think we can find common ground here.4192 Senator Moreno. We are asking them to be insanely expensive4193and unaffordable, and people will keep their cars.4194 I recognize Senator Peters.41954196 STATEMENT OF HON. GARY PETERS,4197 U.S. SENATOR FROM MICHIGAN41984199 Senator Peters. Thank you, Mr. Chairman.4200 Mr. Bradbury, good to see you. Congratulations again on4201your nomination and thank you for spending some time in my4202office going in depth on a variety of questions.4203 Mr. Bradbury, one of the key responsibilities of the4204Department of Transportation through the National Highway4205Traffic Safety Administration, as you well know, is to4206thoroughly and transparently investigate and hold accountable4207auto companies when their vehicles are operating in an unsafe4208manner on our roads.4209 This is especially true for autonomous vehicle technology4210when that is in play, and as you know I strongly believe that4211autonomous vehicles will play a huge part in improving roadway4212safety.4213 But that can only be achieved if there is public trust,4214which we talked about in my office, in these technologies and4215that only comes with full transparency and accountability so4216the public truly trust this technology and its capabilities of4217either--or if they do not have abilities to have--understand4218exactly what they are dealing with.4219 Tesla, unfortunately, has been probably the worst actor in4220this space. There is currently an open investigation into4221Tesla's, quote/unquote, ``full self-drive'' which it is not.4222 They market it as full self-drive technology and, indeed,4223there is a history of Tesla misleading consumers regarding what4224that technology is actually capable of doing and unfortunately4225that has led to deaths as a result of that.4226 So my question for you, sir, is given Elon Musk's close4227relationship with the President and his significant role4228digging into the operations of every agency through his so-4229called DOGE, are you fully committed and will you fully commit4230today to ensuring that the Department of Transportation holds4231Tesla accountable if you are confirmed?4232 Mr. Bradbury. Yes, and I believe the Secretary was very4233firm in saying he would not treat any particular company4234favorably vis-a-vis other companies.4235 In other words, we would have a fair and objective approach4236and with particular regard to NHTSA's recall investigations on4237these important issues. And so I can make that commitment, yes.4238 Senator Peters. OK, good. In our meeting you and I4239discussed the role of Congress in making the law versus the4240role of the Executive Branch in enforcing the law and4241faithfully executing the law.4242 You told me that if the President disagrees with certain4243programs he should ask--he should ask Congress to act to change4244them. You confirmed that that is how the system--and I do not4245want to misquote you but you said that is the way it should act4246is my understanding.4247 However, this administration does not seem to respect the4248separation of powers and appears to be pursuing an agenda to4249pick and choose which laws to enforce and pick and choose which4250grant funding to follow through on as well.4251 Many of these grant programs, from Great Lakes port4252infrastructure development to new bridge funding to passenger4253rail projects are certainly absolutely essential to Michigan4254and states across the country.4255 Legally awarded funding for these projects should not be4256ripped away because the President may have a political issue4257with it.4258 So my question for you, sir, is if confirmed will you4259oppose any attempt to withdraw infrastructure funds that have4260already been announced for infrastructure projects through the4261Department of Transportation?4262 Mr. Bradbury. Well, Senator, I think, first of all, as we4263know, a huge amount of additional spending and money has been4264announced and has been awarded in recent weeks and months, and4265I believe it is entirely fair for the President and the4266Secretary to want to take a hard look at how that money is4267being spent.4268 And in lots of these programs, as I indicated earlier,4269there are points in the process where there is discretion for4270the Secretary and decisions can be made, and I think we need to4271audit all of those and take a hard look. And I do--I believe4272that is what is really happening and I think that is a fair4273process.4274 I think the American people expect that. We want to ensure4275that we are prudently and responsibly using the taxpayer4276dollars. That is not the same thing as the Executive Branch4277overriding the role of Congress in its appropriation function4278and its lawmaking function.4279 I absolutely agree that the constitutional structure is4280Congress makes the laws. Congress appropriates the money. The4281Executive Branch executes and implements those programs.4282 But in all--lots of these programs there is some discretion4283assigned to the Executive Branch and exercised and we just need4284to ensure that that is being exercised responsibly and we are4285not inserting unnecessary requirements that detract from the4286effective use of the money, for example.4287 And then, as I mentioned, there may be cases where the4288President believes a program is simply not--is wasteful or not4289achieving a useful purpose and needs to be reconsidered, and I4290think it is fair for the President to put that forward to4291Congress.4292 Senator Peters. Thank you, Mr. Chairman.4293 Senator Moreno. I recognize Senator Markey.42944295 STATEMENT OF HON. EDWARD MARKEY,4296 U.S. SENATOR FROM MASSACHUSETTS42974298 Senator Markey. Thank you so much.4299 And, Mr. Bradbury, I have been in Congress long enough to4300remember when the auto industry used to say it is not cost4301effective to put airbags in vehicles. Raises the cost of the4302automobile and did not want to do it, fought it. But hundreds4303of thousands of lives have been saved because of airbags.4304 What price do you put on that, all those lives that are4305saved? So I just raise that as a rhetorical question.4306 Mr. Bradbury, thank you for being here. Over the last few4307weeks Elon Musk and the DOGE team have wreaked havoc on the4308Federal workforce through buyouts and mass layoffs, despite4309assurances from Secretary Duffy that public safety workers4310would be spared and critical categories of workers such as FAA4311technicians and engineers that inspect aircraft were fired.4312 Musk and his group of unqualified cost cutters say they are4313doing this in the name of rooting out waste and excess in4314Federal programs.4315 Mr. Bradbury, you worked at the Department of4316Transportation during the first Trump administration. Did you4317witness significant waste and excess during your tenure during4318the Trump years at the Department of Transportation?4319 Mr. Bradbury. The Department of Transportation has an4320important, practical role and I think the career staff at DOT4321carries out that role with dedication and professionalism. I4322admire them greatly.4323 It was not my experience that there was a lot of excess4324staffing. I do know that staffing has increased considerably4325since then. The funding has increased considerably. There are a4326lot of new people who have----4327 Senator Markey. Well, no, that is not accurate. When you4328left there were 57,000 employees at the Department of4329Transportation and today as we sit here there are 57,0004330employees at the Department of Transportation, and as you just4331observed you did not witness excess when you were there with4332those 57,000 workers and today the workforce is the same.4333 So, obviously, I am a little confused where--you know,4334where the excess might have been created if it is the same4335number of workers.4336 Mr. Bradbury. Well, if I may--if I may, we can always get4337more efficient. Industry does that and there is always a need4338to take a look at where we can do more with less, where we can4339improve outcomes with greater----4340 Senator Markey. No, that is a different question. OK. That4341is a different question. OK. You could have made it a lot more4342efficient, if that is what you are saying during your time4343during the Trump administration, and I wish that you had.4344 But to then impose that on the Department of Transportation4345with the same number of employees I think is unfair.4346 So this is without question, you know, going to be a4347difficult subject area but the burden of proof to prove that4348there is excess is clearly on the administration, not just an4349assertion of it, given the fact that there was plenty of4350opportunity for four years for it to be rooted out in the4351previous administration.4352 And for the sake of argument, let us say DOT has suddenly4353become bloated over the last few years. If an administration4354were intent on rooting out that excess do you agree that4355identifying the positions to cut without risking public safety4356would take a little time?4357 Mr. Bradbury. Well, it is an important goal. It is4358critical, and I think the Secretary is committed to that and it4359needs to be managed and I would look forward to being involved4360in helping him manage that process.4361 Senator Markey. So it is fair to say it would take some4362time then, given the fact that there were four years during the4363first Trump administration to root it out it would take a4364little time right now to identify that excess?4365 In other words----4366 Mr. Bradbury. It is----4367 Senator Markey.--just to contrast that approach with what4368these DOGE boys are doing inside of agencies right now they are4369doing just the opposite.4370 They are going in and slashing without having done the4371evaluation that professionals like yourself had an opportunity4372to do and they have no professional background in doing it.4373 Mr. Bradbury. My impression is what is involved is very4374smart people with new analytical tools that have not been4375available, perhaps, or have not been used in government4376previously can very efficiently identify areas of obsolescence,4377areas of waste, areas of inefficiency, and we can address4378those.4379 Senator Markey. And, again, I am not disagreeing that there4380could be a study but I do not think four weeks really is enough4381time to have analytical tools applied to an area of expertise4382where there has been no access to it up until just January 214383of this year.4384 So that is where the problem sets in because brilliant4385people like yourself were not able to do it, and with all due4386respect to the DOGE boys I do not think that they have a4387superior knowledge of the internal workings of the Department--4388--4389 Mr. Bradbury. I am not a software engineer. I am not a4390brilliant tech person. But it does seem sensible to bring in4391some of those brilliant----4392 Senator Markey. And, again, I do not have any problem with4393bringing in new approaches but software is only the information4394you put into it. It is who writes the analytics.4395 OK. It has nothing to do with the zeros and ones. It all4396has to do with what was the assessment of the actual factual4397information put into it and four weeks is not enough time to4398figure that out no matter how smart you are. You can write an4399algorithm but only with the information that is given to you.4400 So there is just no way that the administration is4401conducting a careful review of the cuts and its impact on4402public safety, and there is no reason that DOGE, who is4403targeting probationary employees first, it is not because they4404are the most expendable or the worst performers.4405 It is because they are the easiest to fire and, really,4406that is what it is all about. But it can directly endanger4407American lives if it is not done correctly, and that is why4408today, this morning, I sent a letter with 12 of my Senate4409colleagues in a letter to Secretary Duffy urging him to cease4410these dangerous workforce cuts and demanding answers about4411where the layoffs, the buyouts, the firings were happening4412within the Department so there is transparency so we can4413understand where the cuts are, so we can see where the safety4414risk may be. So otherwise it is just reckless endangerment that4415will be occurring.4416 So I thank you, Mr. Chairman, and I look forward to working4417with you, Mr. Bradbury.4418 Mr. Bradbury. Thank you, Senator.4419 Senator Moreno. Senator Cantwell.4420 Senator Cantwell. Thank you, Mr. Chairman.4421 Mr. Bradbury, I wanted to go back, maybe a teeny bit of an4422expansion of what my colleague was just asking. Do you think4423there is a possibility that Elon Musk has conflicts of interest4424as it relates to the FAA?4425 Mr. Bradbury. Well, certainly, he has business interests4426through SpaceX that FAA is involved in regulating and licensing4427and so I think it is important to be--to ensure and be diligent4428that conflicts are not involved in this process.4429 Senator Cantwell. What would you think those conflicts look4430like? Tell me----4431 Mr. Bradbury. Well, I do not know the--what the specifics4432would be.4433 Senator Cantwell. Well, you know what the law says, right?4434You know what the law says?4435 Mr. Bradbury. Yes, and I think the President has made it4436clear that----4437 Senator Cantwell. The President exempted him illegally, I4438am sure, from the conflict of interest and now he has real4439conflict of interest, and so I am just getting--trying to4440understand from you as the general counsel and a nominee where4441you think that would cross the line.4442 Because we already know that he basically has launch4443interests and we already know that he got mad because he got4444fined for launching at a time when the FAA told him not to4445launch and then said that guy should be fired.4446 So there is all sorts of issues right there. But now I am4447asking what do you think would be the bright lines that you4448would be concerned about?4449 Mr. Bradbury. Well, I think that the individuals involved4450in these activities, as I understand it, are coming in as4451employees of the department, maybe on a temporary basis. But4452employees go through----4453 Senator Cantwell. Do you think he should be an employee of4454that department if he has business before that department? I am4455pretty sure that does not exist anywhere.4456 Mr. Bradbury. I am pretty sure that Elon Musk is not an4457employee of the Department, OK, but the people involved in4458actually the activities under the supervision of the Secretary4459are employees of the Department and go through all the4460conflicts checks and requirements that are necessary for4461those--to onboard those temporary employees and in terms of4462what they are engaged in.4463 So I believe there is a conflicts check process that goes4464through----4465 Senator Cantwell. Do you think he should sign a conflict of4466interest agreement making sure that he avoids conflict of4467interest?4468 Mr. Bradbury. I do not----4469 Senator Cantwell. Why would that not be good prudent4470business? Why would not that just be good prudent business?4471 Mr. Bradbury. Well----4472 Senator Cantwell. Given this issue of we just had this4473crazy, unfortunate, tragic situation where DOD and FAA were not4474talking to each other and clearly no one was in charge and4475responsible for, like, why, in God's name are we allowing these4476two paths to intersect so closely.4477 And now we have this increase--this committee has dealt4478with this a lot--this increase in demand for spectrum and FAA4479launch and everybody has lots of different issues of when they4480want to do various things.4481 So it is already a challenged environment. So why would4482we--why would we not be concerned that somebody who has already4483taken a swing at the agency because they have commercial4484interests that they would not be influencing this whole safety4485regime which has been the center of our discussion this4486morning?4487 Mr. Bradbury. Well, I view the whole DOGE effort as a way4488to take a hard audit look at systems, personnel, staffing,4489funding, and regulations to identify potential areas of4490inefficiency, things where it is not----4491 Senator Cantwell. OK. I think--here is what I--I heard that4492answer and I appreciate that to my colleagues. So I am not4493focusing on DOGE as much as I am focusing on where a true4494conflict of interest.4495 So why do you not take that for the record and decide where4496you think a conflict of interest is and where you think that4497line would be crossed, and that would be very helpful to know4498from you.4499 Mr. Bradbury. Thank you.4500 Senator Cantwell. Thank you.4501 The Chairman [presiding]. Thank you, Mr. Bradbury.4502 My final question is required of all nominees.4503 If confirmed do you pledge to work collaboratively with4504this committee to provide thorough and timely responses to the4505Committee's requests and to appear before the Committee when4506requested?4507 Mr. Bradbury. Yes.4508 The Chairman. Thank you. I have 23 letters of support from4509various organizations for Mr. Bradbury's nomination to be4510Deputy Secretary of Transportation. I ask unanimous consent4511that they be inserted in the hearing record.4512 Without objection, so ordered.4513 [The information referred to follows:]45144515[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]45164517 The Chairman. Senators will have until the close of4518business on Friday, February 21, to submit questions for the4519record. The nominee will have until the close of business on4520Monday, February 24, to respond to those questions.4521 That concludes today's hearing. The Committee stands4522adjourned.4523 [Whereupon, at 11:29 a.m., the hearing was adjourned.]45244525 A P P E N D I X45264527 Response to Written Questions Submitted by Hon. Todd Young to4528 Steven Bradbury4529 Autonomous Vehicles4530 Mr. Bradbury, I've been a proponent of autonomous vehicles and4531expanding opportunities for testing and deployment. The United States4532has been the global leader on AVs, but I am concerned that China is4533catching up and our country will soon be surpassed if we don't put in4534place pro-AV policies.45354536 Question 1. What are your thoughts on AVs and what opportunities do4537you see at the Department of Transportation for AV policy?4538 Answer. Automated driving technologies, including autonomous4539vehicle systems, hold great promise to reduce highway deaths and4540injuries dramatically. I believe the Department of Transportation (DOT)4541should work to advance regulatory frameworks for the Nation that will4542help facilitate and accommodate the development, testing, and safe4543deployment of such innovative technologies and systems. If confirmed, I4544would plan to assist the Secretary in working toward this goal. If4545legislation is needed or deemed appropriate, I would expect to support4546the Secretary in working with Congress to advance Federal policy in4547this important area.4548 Truck Driver Shortage and DRIVE-Safe Act4549 Mr. Bradbury, the last surface reauthorization bill included a4550pilot version of my bipartisan DRIVE-Safe Act, to establish an4551apprenticeship program to allow for the legal operation of commercial4552motor vehicles in interstate commerce by commercial driver's license4553holders under the age of 21. However, the previous administration added4554burdensome requirements outside of Congress' intent--further inhibiting4555our ability to alleviate the truck driver shortage.45564557 Question 2. Will you commit to reviewing the Biden Administration's4558missteps in implementation and exploring ways to correct them?4559 Answer. Yes.45604561 Question 3. If an administrative fix isn't feasible, will you4562support my efforts to pass legislation that properly reforms the4563program?4564 Answer. If confirmed, I would expect to assist the Secretary in4565working with Congress on any such legislation that is deemed necessary,4566subject to the approval of the President.4567 The Intersection of Technology and Transportation4568 Mr. Bradbury, leveraging tech and transportation holds promise of4569many economic and societal benefits as a result of improved safety and4570overall efficiency. Whether it be connected vehicles, autonomous4571vehicles, or next generation aviation--there are endless opportunities4572that should be prioritized.45734574 Question 4. How are you thinking about the intersection of4575technology and transportation?4576 Answer. Technological innovation holds great promise for enhancing4577safety across all modes of transportation. I believe that DOT, wherever4578possible consistent with the law, should employ its authorities,4579including its regulatory powers, in a manner that promotes safety by4580preserving incentives for private investment in innovative new4581transportation technologies.45824583 Question 5. Do you have any priorities when it comes to tech and4584transportation?4585 Answer. Yes, I do. If confirmed, my priorities would include4586assisting the Secretary in (1) working with the Federal Aviation4587Administration (FAA) (and Congress, if necessary) to upgrade the4588systems and technology needed to manage air traffic safely and4589efficiently and to ensure the safety of the National Airspace System4590(NAS); (2) advancing the regulatory frameworks for automated driving4591technologies, as discussed in response to Q.1 above; (3) working with4592the FAA to advance the regulatory framework for commercial drone usage4593and the approvals needed for the development of safe new advanced air4594mobility systems; (4) working with the FAA to make further improvements4595to streamline the process for licensing commercial space launches and4596reentries, consistent with safety; (5) working with the FAA to develop4597workable means for safely and efficiently integrating unmanned aircraft4598systems and advanced air mobility systems into the NAS; (6) working4599with the FAA to accommodate the advancement of new supersonic aircraft4600technologies; and (7) generally exercising DOT's regulatory and funding4601authorities in ways that accommodate the advancement of safety-4602enhancing technologies across all transportation sectors.4603 Highway Reauthorization Priorities4604 Mr. Bradbury, as you know, Congress will need to reauthorize the4605Federal highway bill by the end of FY 2026. I have long heard from4606stakeholders in Indiana about their preference and support for4607increasing the percentage of formula grant funding to allow for more4608equitable distribution of funds across the country.46094610 Question 6. I know that EPW has jurisdiction over this in a surface4611bill, but would you be open to this sort of change?4612 Answer. Yes.4613 Grade Crossings4614 Mr. Bradbury, over 95 percent of rail-related deaths in the United4615States involve drivers going through a grade crossing or a person4616walking on or along the tracks. Beyond the safety concerns, grade4617crossings can cause delays and impact many Americans' daily commutes.46184619 Question 7. If confirmed, would you commit to advocating for robust4620funding and needed programmatic flexibilities for grade crossing4621projects in order to meet the demand for these vital safety and highway4622mobility improvement projects?4623 Answer. Yes, if confirmed, I would expect to assist the Secretary4624in supporting efforts to improve the safety of grade crossings. I agree4625that we must make it a national priority to reduce grade-crossing4626accidents significantly, including through appropriate funding and4627flexibility for innovative local solutions.4628 ______46294630 Response to Written Questions Submitted by Hon. Ted Budd to4631 Steven Bradbury4632 Question 1. The FAA Reauthorization Act of 2024 includes several4633provisions to address the problem that not all aircraft in the airspace4634can detect other aircraft in the vicinity. This detection capability is4635also known as electronic conspicuity. While three provisions (sections4636319, 808, and 810) direct the FAA to act, section 906 requires the4637Comptroller General study to feasibility and cost of various means of4638electronic conspicuity and report to this Committee within one year--4639that is in five months from today. Safety experts believe the best way4640to ensure the safety of the airspace in which various types of aircraft4641operate is to require all aircraft to be electronically conspicuous to4642all other aircraft.4643 Will you prioritize the studies mandated by Congress, inquire as to4644the status of the GAO's work, and report to this Committee following4645your confirmation?4646 Answer. Yes, if confirmed, I will support the Secretary in4647responding to this request.46484649 Question 2. President-elect Trump has commented that ``just as4650America led the automobile revolution in the last century, I want to4651ensure that America, not China, leads the revolution in air mobility.''4652What steps will you take as Deputy Secretary of Transportation to4653follow through on this goal?4654 Answer. I agree with the President that it is critical for the U.S.4655to lead the world in the development and manufacture of advanced air4656mobility systems and that the U.S. must not be dependent on systems or4657components from China in this or other areas of transportation4658technology. To follow through on this imperative, I believe the FAA4659should have in place a clear, consistent, and streamlined framework for4660the efficient review and approval of safe new air mobility solutions4661and should apply its regulatory authorities in a manner that4662appropriately preserves incentives for American investment in these4663exciting systems and technologies, consistent with safety. If confirmed4664as Deputy Secretary, I would expect to work closely with the Secretary4665and the FAA to realize this goal.46664667 What do you see as the Department of Transportation's (DOT's) role4668in ensuring U.S. leadership in the Advanced Air Mobility (AAM)4669industry?4670 Answer. Please see my response to the preceding question.46714672 How will you work to reestablish the U.S. as the gold-standard in4673aviation and work with other civil aviation authorities to harmonize4674and create a global marketplace for U.S. AAM manufacturers?4675 Answer. The FAA must reestablish itself as the recognized world4676leader and standard setter in the safety certification of new aircraft4677systems. Among other things, FAA leadership enables America to maintain4678and grow its vital domestic manufacturing base in aviation, an4679important component of our national economy. If confirmed, I will4680assist the Secretary in working to ensure that the FAA continues to4681engage with major foreign certification authorities and other4682cooperative aviation partners around the world toward the goal of4683achieving consistent state-of-the-art standards and practices for the4684development and manufacture of advanced air mobility systems.46854686 Question 3. Autonomous Vehicles (AVs) and Advanced Driver4687Assistance Systems (ADAS) can play a critical role to keep the roads4688safe. In 2022, there were around 40,000 traffic deaths on the roads.4689While I strongly support accelerated and scaled deployment of AVs, I am4690deeply concerned that the National Highway Traffic Safety4691Administration (NHTSA) does not have the most efficient and modernized4692test infrastructure to ensure the safety of these systems, such as4693through modeling and simulation.4694 How will you work with the NHTSA Administrator to modernize its4695test infrastructure to ensure these systems are being scaled in a safe4696way?4697 Answer. Automated driving technologies, including autonomous4698vehicle systems, hold great promise to reduce highway deaths and4699injuries dramatically. I believe all components of DOT, including4700NHTSA, should work to advance regulatory frameworks for the Nation that4701will help facilitate and accommodate the development, testing, and safe4702deployment of such innovative technologies and systems. If confirmed, I4703would plan to assist the Secretary in working toward this goal. If4704legislation is needed or deemed appropriate, I would expect to support4705the Secretary in working with Congress to advance Federal policy in4706this important area.47074708 Question 4. It is well known that there has been a shortage in the4709air traffic controllers needed to meet the needs of our Nation's4710airspace. Congress responded by providing increased resources to the4711FAA and last year, passed the FAA reauthorization which increased4712authorized funding levels and directed maximum controller hiring.4713 Will you commit to maximum air traffic controller hiring?4714 Answer. Yes, if confirmed, I will support the Secretary in working4715with the FAA to ensure we hire the best and brightest air traffic4716controller candidates and that we expand the pipeline and training4717capacity for new air traffic controllers, consistent with the resources4718provided by Congress.47194720 Will you commit to keeping this committee apprised of any resource4721needs to support our traffic system?4722 Answer. Yes, if confirmed, I will support the Secretary in keeping4723this Committee apprised when additional resources may be needed to4724support and improve the safe operation of our vital air traffic control4725systems.47264727 Question 5. With drone delivery operations, the FAA has taken a4728piecemeal approach to NEPA reviews, conducting environmental reviews on4729a market by market basis, with only one instance of a statewide review.4730The process can take anywhere from 6 to 12, even up to 18 months. From4731talking to industry experts, it's clear to me that the environmental4732review process for drone operations moves too slowly and is hindering4733industry's ability to scale.4734 Congress addressed this issue in Section 909 of the FAA4735Reauthorization Act of 2024, which directs the FAA to develop guidance4736and implementation procedures focused on adoption of a higher-level,4737programmatic approach to environmental reviews for UAS operations,4738including consideration of a nationwide approach. Section 909 also4739directs the FAA to leverage prior environmental reviews to develop a4740categorical exclusion for certain specified commercial drone4741operations.47424743 Do you agree that a streamlined, more nationwide or programmatic4744approach makes sense for these drone operations?4745 Answer. Yes.47464747 As a follow up, given the delays caused by these environmental4748reviews in holding American companies back from providing benefits to4749communities across the country, can you commit today that, if4750confirmed, you will prioritize implementing Section 909 of the FAA4751Reauthorization Act of 2024 and streamline the environmental review4752process for this promising technology?4753 Answer. Yes.47544755 Question 6. Two Federal agencies (NHTSA and the Environmental4756Protection Agency) currently regulate vehicle emissions, which means4757vehicle manufacturers have compliance obligations to two different4758Federal agencies for essentially the same thing. How would you ensure4759that there is alignment between these regulations and that automakers4760meeting one emissions regulation would also be complying with the4761other?4762 Answer. Congress granted the Secretary of Transportation the4763exclusive authority to set fuel economy standards for new motor4764vehicles sold in the United States--an authority exercised through a4765delegation to NHTSA. In recent years, The Environmental Protection4766Agency (EPA) has established and enforced carbon dioxide emissions4767limits for new motor vehicles which inevitably carry the potential to4768supersede or interfere with the fuel economy standards set by NHTSA.4769Unfortunately, with the approval of EPA, the California Air Resources4770Board (CARB) has also issued regulations that impose separate fuel4771economy requirements. I believe it is important to return NHTSA to the4772lead role in setting national fuel economy standards for new motor4773vehicles. If confirmed, I would intend to assist the Secretary in4774ensuring that NHTSA fulfills this role in coordination with EPA to4775avoid any potential for unnecessary overlap or interference with EPA or4776CARB restrictions.47774778 Question 7. The Infrastructure Investment and Jobs Act directed4779NHTSA and FMCSA to issue a number of rules requiring technologies on4780new vehicles.4781 Many of these rules are still yet to be issued. If confirmed, will4782you work with industry on new technological safety regulations so that4783they are practical, feasible, and promote innovation?4784 Answer. Yes, if confirmed, I would support the Secretary in4785fulfilling this commitment.47864787 Question 8. China is currently engaged in a concerted effort to4788infiltrate the U.S. transportation system from surveillance balloons to4789drones to intelligent sensors. One such risk comes from Chinese Light4790Detection and Ranging (LiDAR) sensors that can create a 3-D model of4791everything around the sensor and are deployed--often with DOT taxpayer4792funds--on street corners for ``Smart City'' applications, at the4793perimeter fences of secure transportation facilities for breach4794detection, and inside airports for human traffic flow monitoring.4795 Chinese LiDAR manufacturers are targeting sales to U.S. Federal,4796State and local governments for the installation of LiDAR sensors near4797critical infrastructure. In fact, the largest Chinese LiDAR4798manufacturer, Hesai, was recently named by the Department of Defense as4799a Chinese military company operating directly in the United States.4800 If confirmed, will you immediately ensure that taxpayer funds at4801the Department of Transportation are not being spent on Chinese LiDAR4802sensors that create a homeland and national security risk and work with4803Congress to help pass legislation to ensure that such protections are4804added to U.S. law?4805 Answer. The threat to our national security from Chinese Communist4806Party-controlled technology is acute, especially when the technology is4807incorporated into assets used by governmental entities or near critical4808infrastructure. If confirmed, I will support the Secretary in reviewing4809all DOT funding programs to ensure that taxpayer funds are not being4810used to undermine national security. If it is determined that4811legislation is needed, I would expect to assist the Secretary in4812working with Congress to achieve this goal.4813 ______48144815 Response to Written Questions Submitted by Hon. Maria Cantwell to4816 Steven Bradbury4817 Confidentiality Commitments to Project 2025. Mr. Bradbury, you are4818listed as a ``contributor'' to Project 2025's Mandate for Leadership:4819The Conservative Promise publication (``Mandate for Leadership''). You4820acknowledged in a February 18, 2025, addendum filed with the Committee4821that you ``provided substantive input'' into the Chapter on the4822Transportation Department (Chapter 19). However, the full extent of4823your involvement and exact contributions are unclear. During your staff4824interview on February 14, 2025, you refused to discuss the substance of4825much of your work on Project 2025, citing ambiguous ``confidentiality4826commitments.''48274828 Question 1. On what date did you enter this purported4829confidentiality commitment?4830 Answer. I made a commitment of confidentiality as a condition of my4831involvement in the project. I first agreed to contribute to particular4832aspects of the chapter on the Department of Transportation in November48332022. I became a more active participant in the project when I joined4834The Heritage Foundation in December 2022.48354836 Question 2. To whom did you make this commitment?4837 Answer. To the organizers of the project through The Heritage4838Foundation.48394840 Question 3. In what form is this commitment memorialized, if any?4841If there is a written memorialization, please provide a copy.4842 Answer. I made a commitment of confidentiality as a condition of my4843involvement in the project. The commitment is binding on me.48444845 Question 4. Detail your basis for declining to answer questions4846from congressional staff regarding your relevant work experience with a4847private employer such as the Heritage Foundation's Project 2025,4848including any privileges being asserted.4849 Answer. Because I have a binding commitment of confidentiality to4850the organizers of the project through The Heritage Foundation, I am not4851free to disclose nonpublic details about my work on the project.48524853 Question 5. Does it remain your position that you are not permitted4854to discuss certain elements of your work on Project 2025 with Congress4855due to a ``confidentiality commitment''?4856 Answer. Yes, as explained in response to Q.4.48574858 Contributions to Project 2025. By its own terms, Project 2025 was4859comprised of four pillars: 1) the ``Mandate for Leadership''4860publication; 2) a personnel database; 3) a training academy, and 4)4861180-day Transition Playbooks. The American people deserve transparency4862and candor from someone seeking a position of public trust.48634864 Question 1. Please describe your role working on or contributing to4865each of these pillars.4866 Answer. With regard to pillar 1 of the project, I reviewed the4867Department of Transportation chapter and provided substantive input on4868particular aspects of that chapter; I also reviewed other chapters and4869provided mostly nonsubstantive input (line edits, etc.). With regard to4870pillar 2, I filled out a profile in the database and urged other4871individuals to fill out their own profiles. With regard to pillar 3, I4872recorded a single training video on executive orders, which has become4873public and a link to it is included in my CST Committee Questionnaire4874responses. With regard to pillar 4, I was involved in coordinating work4875on pillar 4 and in recruiting attorneys to work on it; I was involved4876in supervising work relating to the Department of Transportation; and I4877reviewed and commented on work relating to certain other departments or4878agencies.48794880 Question 2. Please identify the specific proposals that you support4881in Chapter 19 of the ``Man-date for Leadership'' publication?4882 Answer. I personally support several of the proposals contained in4883Chapter 19 relating to regulatory matters, including regulatory reform4884policies generally, the CAFE program in particular, and the proper4885approach to aviation consumer protection rulemaking in accordance with4886the law. If confirmed as Deputy Secretary, I would offer my suggestions4887and advice on these and other matters, but it will be the Secretary who4888determines the particular positions DOT will implement, subject to4889policy direction from the President. As I noted in my letter of4890February 18, 2025, responding to questions raised by your staff, there4891are many policy suggestions included in Chapter 19 that I do not4892subscribe to or that I would have articulated differently had I been a4893co-author of the chapter. Some of the proposals made in the chapter I4894disagree with, such as the proposals to separate the FAA's safety4895regulatory function from DOT and to repeal the Jones Act. Others, which4896may have merit as a theoretical matter, are so unlikely to be embraced4897by Congress that I would not expect to advise the Secretary to push for4898them if I were confirmed as Deputy Secretary. Among numerous others,4899these include the proposals to privatize the Nation's air traffic4900control operations, to end the Essential Air Service program, and4901substantially to eliminate the Department's transit programs and its4902grant-making and lending functions, even for infrastructure projects of4903national importance.49044905 Question 3. On March 2, 2023, you sent an e-mail to an individual4906who also became a Project 2025 contributor. You told this potential4907recruit that his contributions to Project 2025 ``are likely to carry4908influence with those who make personnel decisions for any future4909administration that embraces our policy proposals.'' Please describe4910the basis on which you relied in making this representation.4911 Answer. It was based on personal speculation on my part.49124913 Question 4. How many individuals are you aware of that were4914recruited to contribute to Project 2025 and are now working in the4915Trump Administration?4916 Answer. Many individuals were recruited to help, but only a subset4917of those recruited ended up making significant contributions to the4918project. I am not aware of all of the individuals who had significant4919involvement across the project, and so I cannot estimate how many of4920them may be serving in the administration.49214922 Question 5. You conducted a training course for Project 2025 that4923taught participants how to draft executive orders. Were you involved in4924drafting or advising on any of the executive orders issued during the4925current Trump Administration? If so, please identify each such4926executive order and describe the nature of your involvement.4927 Answer. I am not free to discuss what specific drafts I may have4928worked on.49294930 Project 2025 180-day Transition Playbooks. The fourth pillar of4931Project 2025 is 180-day Transition Playbooks that contain ``a4932comprehensive, concrete transition plan for each agency.'' Curiously,4933Project 2025 does not appear to have made these playbooks public--4934despite their own website claiming, ``Project 2025 is not partisan, nor4935is it secret.''49364937 Question 1. Did you work on Project 2025's 180-day Transition4938Playbook for the Transportation Department?4939 Answer. Please see my answer to Q.1 under ``Contributions to4940Project 2025'' above.49414942 Question 2. Is the Trump Administration implementing the action4943items called for in this Play-book?4944 Answer. President Trump sets the policy directions for his4945administration. The Senate-confirmed heads of the various executive4946departments and agencies decide what actions to approve for the new4947administration in accordance with their own statutory authorities and4948under the policy direction of the President. I am not free to discuss4949whether any particular actions approved by the administration are4950similar to draft proposals considered in the project.49514952 Question 3. Why has Project 2025 not made these Playbooks public?4953 Answer. That was a decision made by the organizers of the project.49544955 Question 4. Will you provide a copy of this 180-day Playbook to the4956Committee?4957 Answer. I am not free to do so.49584959 Project 2025's Impact on Aviation Safety. The Project 2025 agenda4960is both dangerous and the last thing we need at the Transportation4961Department in this moment, particularly when there has been an aviation4962accident every week under the Trump Administration. I am particularly4963alarmed by Project 2025's call for weakening the safety requirement for4964commercial pilots to accrue at least 1,500 flight hours before they are4965certified. Americans deserve assurances that the pilots flying their4966planes are appropriately trained.49674968 Question 1. Given the mounting aviation accidents we've witnessed4969in the past month, do you believe we should be weakening training4970requirements for commercial pilots?4971 Answer. No.49724973 Question 2. Did you contribute to this Project 2025 proposal4974calling for rolling back this key aviation safety requirement?4975 Answer. No.49764977 Transition Team Confidentiality Commitment. During your February497814, 2025, staff interview, you also evaded answering questions4979regarding your work on the Trump-Vance Transition team, claiming you4980made a ``binding commitment of confidentiality.'' When you were asked4981whom the Committee would need to contact to seek a waiver of this4982commitment, you told us to ``contact Susie Wiles,'' the White House4983Chief of Staff.49844985 Question 1. On what date did you enter this ``binding commitment of4986confidentiality''?4987 Answer. When I became involved in the Trump-Vance Transition in4988December 2024.49894990 Question 2. Did you enter this commitment with Ms. Wiles4991personally? If not, please identify to whom you made this commitment.4992 Answer. No. I entered into the commitment with the Trump-Vance4993Transition Inc. I mentioned the Chief of Staff in my meeting with your4994staff only because I don't know who else would currently represent the4995Trump-Vance Transition, now that the transition is over and the4996administration is in office.49974998 Question 3. In what form is this commitment memorialized, if any?4999If there is a written memorialization, please provide a copy.5000 Answer. I am not free to disclose this information.50015002 Question 4. What is your basis for asserting this commitment is5003``binding'' on your ability to answer relevant questions posed by5004congressional staff?5005 Answer. I am under a binding obligation not to disclose nonpublic5006information about the transition to anyone who hasn't been authorized5007by the Trump-Vance Transition to receive such information.50085009 Question 5. Why did you direct my staff to contact the White House5010Chief of Staff regarding this purported confidentiality commitment?5011 Answer. Please see my answer to Q.2 above.50125013 Question 6. Following your February 14, 2025, staff interview, did5014you discuss this confidentiality commitment with anyone at the White5015House? If so, please identify all such individuals.5016 Answer. No.50175018 Question 7. Does it remain your position that you are not permitted5019to discuss your work on the Trump-Vance Transition with Congress due to5020a ``binding commitment of confidentiality''?5021 Answer. Yes.50225023 Work on the Transition Team. According to the responses in your5024Committee Questionnaire, you worked on the Trump-Vance Transition from5025December 2024 into January 2025.50265027 Question 1. How did you get involved with the transition and who5028brought you on?5029 Answer. I am not free to disclose this information.50305031 Question 2. What was your portfolio on the Trump-Vance Transition?5032 Answer. I am not free to disclose this information.50335034 Question 3. Other individuals involved in the transition have5035shared their portfolios publicly. To the extent you are not providing a5036complete response to the above question, please explain why you believe5037you are restricted in your ability to respond fully.5038 Answer. I am under a binding obligation not to disclose nonpublic5039information about the transition to anyone who hasn't been authorized5040by the Trump-Vance Transition to receive such information.50415042 Questionnaire Discrepancies. In both your responses to the5043Committee Questionnaire and your original OGE Form 278e submitted to5044the Committee, you incorrectly stated your gross employment income in50452023, 2024, and 2025. In your 5-day letter, you included a ``Correction5046to Part 2 of OGE Form 278e'' and a ``Corrected Response to Question5047E.2'' of the Committee Questionnaire. In so doing, you acknowledged5048that you underreported your Heritage Foundation salary, citing an5049``inadvertent mistake.'' These discrepancies are not insignificant.50505051 Question 1. Please explain how these errors occurred.5052 Answer. In preparing the original version of my OGE Form 278e, I5053mistakenly reported taxable or net employment income--for example, net5054of contributions to my Heritage retirement accounts. I failed to5055understand that the form was calling for the reporting of gross5056employment income. I made the same mistake in initially providing the5057income information requested in Question E.2 of the CST Committee5058Questionnaire. These mistakes were inadvertent. I discovered the5059mistakes in the course of preparing my five-day letter on February 17,5060and I provided the corrected employment income information to the5061Committee the very next day, in my letter of February 18, 2025.50625063 Question 2. Are you aware of any other item in your corrected OGE5064Form 278e that is inaccurate?5065 Answer. No.50665067 Question 3. In addition, the resume you submitted to the Committee5068has no employment listed from January 2021 through December 2022.5069Please describe in detail both this gap in employment and what you did5070during this time.5071 Answer. I was semi-retired, focusing on spending time with my wife5072and devoting attention to writing pieces for publication online on my5073personal Substack and Medium sites, as listed in my responses to the5074CST Committee Questionnaire. During that period, I also considered5075potential opportunities to serve as in-house counsel with a number of5076corporations and nonprofit or public entities.50775078 Following the law. In testimony before the Senate Judiciary5079Committee in 2006, you stated that the ``President is always right.''5080You have since tried to walk back that testimony, stating it was made5081in jest. However, presidential overreach is no laughing matter,5082especially when we have a President who is bent on pushing the limits5083of Executive authority.50845085 Question 1. Do you believe the Executive Branch must comply with5086lawful court orders?5087 Answer. Yes. Concerning the statement made to the Senate Judiciary5088Committee on July 11, 2006, I clarified the very next day in a hearing5089before the House Armed Services Committee and in a follow-up letter to5090the Senate Judiciary Committee on July 14, 2006, that the statement5091``was intended only to be humorous'' and was an ``ill-considered5092attempt at humor,'' that ``Nobody is always right, and I certainly5093didn't mean to say that, other than as in humor,'' and that ``I well5094understand that an actual belief that the President can never be wrong5095would be wholly inconsistent with my responsibilities as a legal5096adviser to the Executive Branch.'' I am attaching a copy of that July509714, 2006, letter to these responses.50985099 Question 2. If the president ordered you to do something illegal,5100would you refuse?5101 Answer. Yes.51025103 Public Trust. Mr. Bradbury, you have an extensive background in the5104law. And you have written about the importance of public officials not5105``betray[ing] the trust of the American people.'' Promoting public5106trust starts with our leaders being unafraid to speak the truth.51075108 Question 1. Did Donald Trump lose the 2020 presidential election?5109 Answer. Joe Biden won the election for President in 2020 by5110receiving a majority of the certified electoral count in accordance5111with the Constitution.51125113 ADS-B Exemption. In 2010, the DOT under the Obama Administration5114issued a final rule to re-quire all aircraft equipped with Automatic5115Dependent Surveillance-Broadcast (``ADS-B'') Out to operate in5116``transmit mode'' at all times.5117 But in 2019 during your tenure, the DOT modified the rule to create5118an exemption from the ADS-B Out requirement for ``sensitive operations5119conducted by Federal, State and local government entities in matters of5120national defense, homeland security, intelligence and law5121enforcement.''5122 We now know that, pursuant to this exemption, the Army Aviation5123Brigade at Fort Belvoir and Marine Helicopter Squadron One executed 1005124percent of their missions with the ADS-B Out deactivated. And we also5125now know that the Black Hawk helicopter involved in the January 29,51262025 collision was operating without ADS-B Out activated even though it5127was a routine check ride.51285129 Question 1. You were, in your own words, ``responsible for5130overseeing the Department's regulatory actions'' during your prior5131tenure at DOT. As General Counsel, what oversight did you direct DOT to5132conduct of the exemptions granted to ensure that ``non-transmission of5133ADS-B out [was] not . . . routinely used by agencies that have been5134granted this relief,'' as the 2019 interim final rule states?5135 Answer. I believe the potential exemption for sensitive military5136and other operations was included in the 2019 final rule in response to5137requests from non-DOT components of the Executive Branch, and, as5138stated in the final rule, I believe the exemption was not intended to5139be routinely used. I do not recall what specific directions I may have5140given to ensure that the exemption was properly applied in accordance5141with the final rule, but I would have relied on the FAA in the first5142instance to monitor or communicate with DoD concerning use of the5143exemption and to bring to the attention of DOT leadership any concerns5144about the potential overuse of the exemption authority. I do not know5145when Army units began making routine use of the exemption in 1005146percent of their operations.51475148 Question 2. Does the deactivation of ADS-B Out for routine military5149helicopter flights without a sensitive mission component enhance5150aviation safety?5151 Answer. As indicated in the 2019 final rule, I would say it does5152not. As I indicated in my nomination hearing, I agree with the strong5153and clear statement on this point made by Chairman Cruz at the hearing.51545155 Question 3. If confirmed, do you commit to swiftly reassessing the5156interim final rule that DOT promulgated in 2019 under your leadership?5157 Answer. If confirmed, I will assist the Secretary in working with5158the FAA to review the rule and any potential need to amend it.51595160 Safety Management Systems & MAX Families. A February 19, 20215161letter to Chairman Cruz signed by Javier de Luis on behalf of other5162Ethiopian Airlines flight 302 families asks you to ``commit to rapid5163formalization and adopt of Boeing's SMS plan without any further5164delays.''51655166 Question 1. If confirmed, do you commit to doing so?5167 Answer. I am a strong proponent of safety management systems and5168plans for Boeing and for operators in aviation and in other5169transportation sectors, and I believe DOT needs to ensure greater5170effectiveness and accountability through SMS oversight. If confirmed, I5171will commit to supporting that goal, certainly including with respect5172to Boeing.51735174 Question 2. If confirmed, do you commit to meeting to the Ethiopian5175Airlines flight 302 families as a group prior to meeting in your5176official capacity with any registered lobbyists or attorneys5177representing clients with interests before the Department?5178 Answer. As I told the family representatives who attended my5179nomination hearing, I am deeply sorry for the loss of their loved ones5180and for the unbelievable anguish they have suffered. I have great5181respect and appreciation for their continuing commitment and dedication5182to ensuring that no other families experience the horrible loss they5183have suffered. As I also assured them at the hearing, if I am5184confirmed, I will meet with the families as a group early in my tenure5185and will listen with care, respect, and an open mind to their5186perspectives and to the information they have to present, and I will5187commit to follow up on their input with the FAA and with Boeing. I will5188remain available and accessible to these families as we further address5189aviation safety.51905191 10-for-1. During the first Trump Administration, you were in charge5192of effectuating the 2-for-1 Executive Order, meaning that for every one5193new rule or regulatory requirement, two had to go away. Now the Trump5194Administration has implemented a 10-for-1 Executive Order that you will5195help effectuate at DOT.51965197 Question 1. Can you commit that the implementation of 10-for-1 at5198DOT won't cause the Department to miss any of the deadlines set by5199Congress in the FAA Reauthorization for aviation safety rules? For5200instance, the Reauthorization Law requires FAA to finalize a rule for520125-hour cockpit voice recorders by May 2027.5202 Answer. I am confident the President's regulatory reform agenda can5203be implemented without compromising the Department's safety mission. If5204confirmed, I will assist the Secretary in working with the FAA to5205ensure that all laws are faithfully executed and that statutory5206mandates are complied with.52075208 FAA Work Force Reduction. With any proposed workforce reduction in5209aviation safety, it's recommended to conduct a safety risk management5210analysis and consult with the workforce itself to determine any5211potential impacts on the ability to carry out safe operations. However,5212we know many of the affected workgroups at FAA were not consulted5213before approximately 400 FAA employees were fired beginning on February521414, 2025.52155216 Question 1. Mr. Bradbury, how is the FAA supposed to conduct its5217safety mission effectively if this Administration will not consult5218FAA's own workforce before making any significant changes?5219 Answer. I believe the Secretary is committed to managing the5220staffing review and reduction efforts, as well as the ongoing audits of5221technical systems and funding, to ensure that all components of DOT,5222including the FAA, remain able to carry out their critical safety5223functions and, indeed, that their safety outcomes are improved through5224greater systems efficiencies and enhanced capabilities. I believe that5225that is what the President's directives contemplate, and it is what the5226American people demand. If confirmed, I would look forward to assisting5227and supporting the Secretary in these efforts and, if new legislation5228or appropriations are deemed necessary, in working with Congress.52295230 FAA and Conflicts of Interest. When I asked you at the hearing if5231you thought there was a possibility that Elon Musk has conflicts of5232interest related to the FAA, I did not receive a direct answer. Even5233more concerning, you did not clearly affirm that Mr. Musk should sign a5234conflict-of-interest agreement that ensures he avoids such any such5235conflicts.52365237 Question 1. On February 5, Secretary Duffy announced that Mr.5238Musk's DOGE team was going to ``plug in to help upgrade our aviation5239system'' at FAA. Days later, Secretary Duffy said DOGE representatives5240would be visiting the Air Traffic Control System Command Center in5241Virginia on February 17 to ``get a firsthand look at the current5242system.'' In response, Mr. Musk indicated in a post on X that engineers5243from his SpaceX company--the very same company that the FAA fined in5244September 2024 for failing to comply with specific requirements in its5245launch license--received access to FAA systems and would ``help make5246air travel safer.''5247 You are a lawyer who has advised on ethics and recusal matters. We5248know that Elon Musk's SpaceX company has a direct and substantial5249financial interest related to FAA's regulatory and enforcement5250activities. And we know that Elon Musk and his SpaceX engineers5251received access to FAA's Air Traffic Control System Command Center on5252February 17. Based on your professional obligations as a barred5253attorney, shouldn't these facts at least require Mr. Musk to submit to5254a conflicts review to ensure no law or regulation is being violated?5255 Answer. From what I understand, the Secretary's decision to invite5256representatives of outside engineering organizations to visit the FAA5257Air Traffic Control System Command Center and to offer suggestions for5258potential improvements in the air traffic control system strikes me as5259an excellent idea and an example of good government in action. I do not5260see the potential for a conflict in these visits because, as I5261understand it from the public discussion of the visits, the outside5262engineering organizations would be known to the FAA, their visits would5263be subject to the FAA's procedures for public engagement, and they5264would not exercise influence over the actions of the FAA. Furthermore,5265I don't believe that this decision to invite input from outside5266engineering organizations is part of the DOGE Team effort. Rather, I5267understand from the President's directives that any DOGE Team members5268at DOT would be employees of the Department, and, as such, they would5269be subject to ethics clearance requirements and would be prohibited5270from participating in activities at DOT that raise a conflict of5271interest under the ethics laws and regulations.52725273 Question 2. With DOT as your former client and Secretary Duffy as5274your future boss, are you worried that these activities and actions by5275Mr. Musk and his SpaceX engineers create an appearance of impropriety5276or, at the very least, raise questions about whether DOT can be counted5277on to do what's best for the public--and not SpaceX?5278 Answer. Not based on what I know, as discussed in my answer to Q.15279above.52805281 Question 3. If confirmed, and you encounter a conflict of interest5282related to DOGE that is not being addressed properly, will you commit5283to promptly notifying Congress?5284 Answer. If confirmed, I would expect to address any potential for a5285conflict of interest with the Designated Agency Ethics Official of DOT5286and with the Secretary, and I would expect to assist and support the5287Secretary with any follow-up actions determined to be necessary to5288eliminate a conflict of interest, including the potential for5289notifications to Congress.52905291 Question 4. If Mr. Musk received access to and manipulated the5292systems or data of FAA's Office of Commercial Space Transportation--5293which specifically oversees SpaceX's activities--or FAA's Air Traffic5294Organization--which specifically operates the U.S. air traffic control5295system--to benefit his company, that would constitute a conflict of5296interest, correct? If your answer is not ``Yes,'' detail your rationale5297for why not.5298 Answer. Please see my answers to Questions 1 through 3 above. The5299President has made clear that he will not allow Mr. Musk to engage in5300matters for his administration that would involve a prohibited conflict5301of interest. And, in accordance with my reading of the President's5302directives, any DOGE Team members operating at DOT would be employees5303of the Department and would be subject to ethics clearance requirements5304and would be prohibited from participating in activities at DOT that5305raise a conflict of interest under the ethics laws and regulations. The5306hypotheticals posed in your question are entirely speculative, and I do5307not believe they would be consistent with the President's instructions.53085309 Question 5. You are the former General Counsel of DOT. What actions5310or conduct taken by Mr. Musk would cross the line and constitute a5311conflict of interest with regard to FAA?5312 Answer. I do not believe it would be fair or appropriate for me to5313engage in speculation about hypothetical situations.53145315 Question 6. Should Mr. Musk enter into and publicly release an5316ethics agreement concerning his involvement with DOT?5317 Answer. The President has made clear that he will not allow Mr.5318Musk to engage in matters for his administration that would involve a5319prohibited conflict of interest. The President and his advisers will5320determine the appropriate means for avoiding such a conflict.53215322 Implement Open NTSB Recommendations. There are over 1,100 open5323recommendations from the National Transportation Safety Board (NTSB).5324This includes recommendations to DOT in response to the East Palestine5325derailment, airplane crashes, and autonomous vehicle incidents.53265327 Question 1. Will you work with NTSB Chair Homendy to address open5328recommendations directed towards the Department?5329 Answer. Yes, if confirmed, I will support the Secretary in working5330with NTSB to address open recommendations.53315332 Roadway Safety. In 2023, over forty thousand people died on our5333roads. The most common causes of traffic accidents are impaired and5334distracted driving, and speeding. The National Highway Traffic Safety5335Administration (NHTSA) within DOT is responsible for setting and5336enforcing vehicle safety standards. The Bipartisan Infrastructure Law5337directed NHTSA to complete eleven roadway safety focused rulemakings,5338however the department has only finalized four. During your previous5339time at DOT, the agency did not issue a single new vehicle safety5340requirement.53415342 Question 1. Will you continue to advance the bipartisan lifesaving5343safety measures required by the law?5344 Answer. If confirmed, I will assist the Secretary in advancing all5345safety measures required by law.53465347 Question 2. Can you commit that the implementation of the5348President's 10-for-1 Executive Order at DOT won't cause the Department5349to repeal, weaken, or delay the implementation of congressionally5350mandated vehicle safety requirements?5351 Answer. I am confident the President's regulatory reform agenda can5352be implemented without compromising the Department's safety mission. If5353confirmed, I will exercise my leadership in support of the Secretary to5354ensure that all laws are faithfully executed and statutory mandates5355complied with.53565357 Question 3. Do you believe that the United States should set a goal5358of having zero roadway fatalities? If not, what do you believe is an5359acceptable number of lives lost on our roadways each year?5360 Answer. The number of annual fatalities on America's highways is5361persistently high and unacceptable, and we must drive that number down5362toward zero. Automated driving technologies, including autonomous5363vehicle systems, hold great promise for realizing that objective.53645365 Autonomous Vehicles. As new automated vehicle technologies are5366being deployed on roads across the country, transparency is essential5367to maintaining public trust both in new technologies and the5368Department's commitment to holding safety as a top priority.53695370 Question 1. Will you continue the Department's policy requiring5371manufacturers and operators of automated driving systems and SAE Level53722 advanced driver assistance systems equipped vehicles to report5373crashes to the agency, including the specific location of those5374crashes?5375 Answer. If confirmed, I would expect to support the Secretary in5376working with NHTSA to review this requirement and other proposals for5377assessing the safety of automated driving technologies, including5378autonomous vehicle systems. I believe DOT should work to advance5379regulatory frameworks for the Nation that will help facilitate and5380accommodate the development, testing, and safe deployment of such5381innovative technologies and systems. If confirmed, I would plan to5382assist the Secretary in working toward this goal. If legislation is5383needed or deemed appropriate, I would expect to support the Secretary5384in working with Congress to advance Federal policy in this important5385area.53865387 Pipeline Safety. There are currently five open rulemakings sitting5388with PHMSA's Office of Pipeline Safety that were Congressionally5389mandated by this committee anywhere from 2011 to 2020. Many are well5390past Congress's statutory deadlines.5391 Question 1. Will you commit to rapidly finalizing the Leak5392Detection and Repair rule that received unanimous support for the Gas5393Pipeline Advisory Committee?5394 Answer. If confirmed, I would expect to assist the Secretary in5395working with PHMSA to review this rulemaking.53965397 Question 2. Will you advance safety standards for new types of5398infrastructure such as carbon dioxide pipelines?5399 Answer. If confirmed, I would expect to assist the Secretary in5400advancing safety standards for new types of infrastructure, including5401new types of pipelines.54025403 Question 3. Will you commit that the implementation of the5404President's 10-for-1 Executive Order at DOT won't cause the Department5405to repeal or weaken pipeline safety requirements or delay the5406implementation of new congressionally mandated pipeline safety5407requirements?5408 Answer. I am confident the President's regulatory reform agenda can5409be implemented without compromising the Department's safety mission,5410including with regard to pipelines. If confirmed, I will exercise my5411leadership in support of the Secretary to ensure that all laws are5412faithfully executed and statutory mandates complied with.54135414 Regulatory Waivers. Nearly every agency in the Department of5415Transportation has the statutory authority to provide waivers to safety5416requirements.54175418 Question 1. What is your philosophy on providing waivers to safety5419requirements? When is it appropriate and when should it be avoided?5420 Answer. I do not approach this question with a preconceived or5421doctrinaire position. However, during my time as General Counsel of5422DOT, I saw the important role that waivers can play in achieving5423positive outcomes. Waivers can be useful in proving the efficacy of5424safety-enhancing technological innovations, such as automated rail and5425pipeline inspection systems. Waivers can also enable the controlled5426implementation of new use cases with the potential to support important5427new industries and economic growth, as seen with waivers granted for5428commercial drone use. And in the course of the Department's response to5429the COVID-19 public health emergency during the first Trump5430administration, we used waivers very effectively to keep the Nation's5431transportation systems working for the great benefit of the American5432people and our economy. I believe the proper and careful use of waivers5433can help promote safety, efficiency, and economic growth, consistent5434with the Department's authorities and with the interests of the Nation.54355436 Amtrak Long-Distance. Thirteen communities in the State of5437Washington are served by Amtrak's Empire Builder and the Coast5438Starlight.54395440 Question 1. Do you support all of Amtrak's long distances services?5441If not which ones?5442 Answer. If confirmed, I would expect to assist the Secretary in5443supporting Amtrak's operations. I would be prepared to help the5444Secretary review Amtrak's performance and the economics of its long-5445distance services and consider whether to propose changes to improve5446the efficiency of its operations. I would not come to this question5447with any predetermined outcome in mind for any particular long-distance5448service or for Amtrak's network operations as a whole.54495450 Question 2. Do you think the long-distance service needs reforms?5451If so, how?5452 Answer. Please see my answer to the preceding question.54535454 Railway Safety Act. As you know, Vice President-Elect Vance was a5455lead author of the Railway Safety Act, and it was supported by5456President Trump, Russ Vought, rail workers, chemical shippers,5457governors, and local governments.54585459 Question 1. Do you support S.576 the Railway Safety Act? If you5460cannot answer ``yes,'' why not?5461 Answer. As the Secretary noted in his nomination hearing, the5462answer to this question is likely to be determined by the President for5463the Executive Branch. If confirmed, I would expect to assist the5464Secretary in supporting the President's position.54655466 Question 2. Do you support requiring railroads to install hotbox5467detectors or other advanced safety technologies that can identify5468failed ball bearings like the one that caused the East Palestine5469derailment?5470 Answer. Please see my answer to the preceding question. Speaking5471for myself personally, I would support requiring Class I railroads to5472have rigorous safety management systems in place throughout their5473networks to ensure they are able to detect and prevent the types of5474failures that can lead to disasters like the horrible derailment in5475East Palestine, and I would favor ensuring that such safety management5476systems are backed up with tough accountability for failures.54775478 Question 3. Do you support increased information sharing, funding,5479and training to better prepare our first responders to respond to5480hazardous materials incidents?5481 Answer. If confirmed, I would expect to support the Secretary in5482working with FRA and PHMSA to review DOT's authorities in this area and5483to determine whether DOT has appropriate provisions in place to ensure5484safe operation of trains carrying flammable and other hazardous5485materials. To the extent the changes described in this question would5486require enactment of legislation like the proposed Railway Safety Act,5487please see my answer to Question 1 above.54885489 Question 4. Do you support increasing inspections of railcars and5490locomotives by qualified mechanics to ensure trains are properly5491maintained?5492 Answer. If confirmed, I would expect to support the Secretary in5493working with FRA to ensure that FRA's requirements for train5494inspections are appropriate and adequate to ensure safety.54955496 Question 5. Do you support the NTSB's recommendation that the DOT-5497111 tank car, which failed to hold combustible liquids in the East5498Palestine crash, be phased out of combustible liquid service be5499transported in stronger rail cars like the DOT-117 that crude oil is5500currently transported in?5501 Answer. Yes.55025503 Question 6. Do you support increasing the maximum civil penalty5504that DOT can impose on a railroad for violations of Federal rail safety5505law?5506 Answer. Please see my answer to Question 1 above. If Congress were5507to enact legislation to increase the maximum penalty, I would support5508the Secretary in vigorously enforcing the new penalty levels.55095510 CRISI Grants. Freight rail is critical to the movement of goods in5511the United States, shortline railroads are critical first and last mile5512connectors. Thanks to the Bipartisan Infrastructure Law, shortline5513freight railroads have received $2 billion for over 128 projects across5514the country through the Consolidated Rail Infrastructure and Safety5515Improvements (CRISI) Program. These improvements help goods get where5516they need to go more quickly and efficiently lowering costs to5517consumers.55185519 Question 1. Should the next surface transportation reauthorization5520bill reauthorize and provide funding to rail programs like the CRISI5521grant program?5522 Answer. I recognize that the CRISI grants can be important sources5523of funding for needed rail improvements. If confirmed, I would expect5524to assist the Secretary in reviewing the CRISI program and considering5525the potential for continuing CRISI as part of a proposed surface5526transportation reauthorization package.55275528 Highway Trust Fund. To cover shortfalls in the Highway Trust Fund5529(HTF), Congress has enacted legislation that, since 2008, has5530transferred over $275 billion to the HTF, mostly from the Treasury's5531general fund.55325533 Question 1. How should Congress address this shortfall?5534 Answer. It will be up to Congress to answer this question for the5535Nation, and it will be up to the President to decide whether to propose5536a legislative solution to Congress on behalf of the Executive Branch.5537If confirmed, I would expect to assist the Secretary in developing5538potential recommendations for the President's consideration and in5539supporting the President's position.55405541 Question 2. Do you support reducing funding so that HTF revenues5542and spending are the same?5543 Answer. Please see my answer to the preceding question.55445545 Question 3. Do you support raising revenues to address the5546shortfall?5547 Answer. Please see my answer to Question 1 above.55485549 Question 4. If the HTF receives general fund revenues to fill its5550long-term shortfalls, do you think other modes of transportation should5551receive long term general fund revenues?5552 Answer. Please see my answer to Question 1 above.55535554 Question 5. Do you support reauthorizing transit programs that5555currently receive transit funding from the HTF in the next surface5556transportation reauthorization?5557 Answer. Please see my answer to Question 1 above.55585559 Question 6. Will you protect programs funded by the HTF from5560impoundment?5561 Answer. I am not aware of any factual basis for the suggestion of5562impoundment, and I am not in a position to speculate about hypothetical5563situations.55645565 Grant Awards. Projects all over the Nation have been languishing5566and at times waiting for decades to begin construction because they5567haven't had access to needed funding. Congress provided the Department5568of Transportation with five years of advanced appropriations so that5569projects could be notified of awards in advance and begin preparing to5570implement their projects.5571 Thanks to the Bipartisan Infrastructure Law, projects across the5572Nation now have been notified of the Fiscal Year 2026 funding they need5573to start construction. This includes large and complex projects that5574received funding over multiple years. Thanks to these awards, even5575communities without signed grant agreements are prioritizing staff and5576resources to projects in preparation to begin construction.55775578 Question 1. When DOT announces a Notice of Funding Opportunity, and5579a project applies and receives an award after thorough vetting by DOT5580staff--a commitment has been made between the parties to advance a5581project. While there may be times an awardee violates their grant5582agreement requiring the Department to undertake adverse action, those5583instances are rare. With that exception in mind, will you honor the5584award commitments and work to quickly execute grant agreements for all5585projects that have received awards?5586 Answer. If confirmed, I would expect to assist the Secretary in5587managing DOT's discretionary grant decisions, consistent with the law,5588so as to ensure that taxpayer dollars are prudently obligated to5589achieve the intended results and the exercise of discretion in these5590programs is appropriate and consistent with the best interests of the5591American people.55925593 Ferries. Washington State Ferries (WSF) is the largest operating5594public ferry system in the United States, and one of the largest ferry5595systems in the world. Nearly 20 million people used the Washington5596State Ferries in 2024. In my home state our ferry system is so integral5597to our overall transportation system ferry routes are designated as5598part of the state highway system.5599 States and rural communities rely on U.S. Department of5600Transportation funding, through Federal-aid highway funds, Federal5601Transit Administration funds, and other sources that help build and5602improve these ferry operations. The Bipartisan Infrastructure Law5603included funding increases to flagship ferry grant programs, such as5604the Passenger Ferry Program, Ferry Boat Program Grant, and created two5605new discretionary ferry programs including the Ferry Service for Rural5606Communities Program, and the Electric or Low-Emitting Ferry Pilot5607Program. This funding is instrumental in improving and modernizing5608Washington state's ferry system. Federal ferry funding is not only a5609lifeline in Washington state, but also states including Alaska, North5610Carolina, Louisiana, Texas, New York, New Jersey, Michigan, and5611California.56125613 Question 1. If confirmed, will you commit to protect these programs5614from impoundment?5615 Answer. If confirmed, I would expect to assist the Secretary in5616supporting discretionary funding for ferries, in accordance with the5617authorizations and appropriations passed by Congress, so as to ensure5618that taxpayer dollars are prudently obligated to achieve the intended5619results of these programs and the exercise of discretion is appropriate5620and consistent with the best interests of the American people. I'm not5621aware of any factual basis for the suggestion of impoundment, and I'm5622not in a position to speculate about hypothetical situations.56235624 Question 2. Do you think these programs should be reauthorized in5625the next surface transportation reauthorization?5626 Answer. It will be up to Congress to decide this question for the5627Nation, and it will be up to the President to decide whether to propose5628such funding legislation to Congress on behalf of the Executive Branch.5629If confirmed, I would expect to assist the Secretary in developing5630potential recommendations for the President's consideration and in5631supporting the President's position. I would not come to the job with a5632predetermined position on this question; however, I know from personal5633experience how important ferries are in Washington State, and I5634appreciate the need to maintain economical ferry service.56355636 2026 World Cup. Seattle will be host to six FIFA World Cup matches5637in 2026. Event organizers estimate 750,000 people will visit Seattle5638from all over the world for the six games it is hosting. As the World5639Cup brings travelers, tourists, and fans to the city, security risks5640and the threat of targeted terrorist attacks will increase for the5641event's affiliated facilities, eventgoers, and staff.5642 Consequently, the U.S. Department of Homeland Security has5643determined that Seattle will have over 70 Special Event Assessment5644Rating (SEAR) events. To help address this challenge, Sen. Moran and I5645introduced the Transportation Assistance for Olympic and World Cup5646Cities Act.56475648 Question 1. Will you work with Sen. Moran and me on our5649legislation?5650 Answer. If confirmed, I would welcome the opportunity to support5651the Secretary in working with you, Sen. Moran, and others in Congress5652and across the Executive Branch to ensure that all safety and security5653considerations are addressed and planned for in connection with the56542026 FIFA World Cup.56555656 Commercial Space Transportation Regulations. Mr. Bradbury, you have5657some familiarity with the FAA Office of Commercial Space Transportation5658and the commercial space launch and reentry licensing process, given5659that you played a role in approving an update to the regulations5660drafted in the previous Trump Administration. Industry stakeholders5661have expressed concern regarding the complexity of the new 14 CFR Part5662450 rules, the lack of clarity in guidance on the implementation of the5663regulation, and chronic staffing and resource shortages within the5664Office of Commercial Space Transportation. This has resulted in delays5665in processing applications and approving licenses in a timely manner.5666 The previous Administration recognized the need to review part 4505667and established an Aerospace Rulemaking Committee (SpARC) last November5668to review the new rule and recommend improvements.56695670 Question 1. Given the critical need to both maintain rigorous5671safety standards and support the Nation's leadership in commercial5672space activities, will you support the continuation of the Part 4505673SpARC chartered to identify and recommend any necessary amendments to567414 CFR Part 450 and related regulations?5675 Answer. If confirmed, I would expect to learn more about the SpARC5676and become familiar with its work and recommendations. In my5677experience, the technical and rulemaking advisory committees of the FAA5678often provide valuable input into the decision-making process for new5679regulations and regulatory changes. If confirmed, I would support the5680Secretary in working with the FAA to review the need for further5681streamlining and updating of the commercial space rules. In general, I5682would welcome the opportunity to help develop and implement5683improvements in commercial space licensing without compromising the5684safety of the national airspace. I'm proud of the reforms made in this5685area during the first Trump administration, and I understand there is a5686pressing need for further reforms.56875688 Question 2. Will you also commit to ensuring that the workforce of5689the Office of Commercial Space Transportation is not cut by DOGE and5690remains sufficiently staffed to be responsive to the needs of the5691public and the commercial space launch industry?5692 Answer. If confirmed, I would assist the Secretary in working with5693the FAA to achieve greater efficiencies and productivity in the FAA's5694licensing of commercial space launches and reentries without5695compromising the safety of the national airspace.56965697 Jones Act. The Jones Act requires that waterborne cargo carried5698between domestic ports must be carried on U.S. flag ships, U.S. built,5699and U.S. crewed ships. According to the American Maritime Partnership,5700the Jones Act supports 650,000 American family wage jobs and5701contributes more than $150 billion to the national economy annually.5702The Jones Act also helps ensure the U.S. maintains the critical skills5703required to build and crew ships needed for national security purposes.5704The DOT, through MARAD, is formally consulted in the decision-making5705process to waive the Jones Act for non-Department of Defense requests.5706Further, a number of DOT programs support maritime infrastructure,5707grants, training, and financing necessary to support a Jones Act fleet5708for commercial and government (defense and food aid) cargo. Project57092025, which you helped author, calls for QUOTE: ``repealing or5710substantially reforming the Jones Act.''57115712 Question 1. Do you support the Jones Act and believe it should be5713maintained?5714 Answer. Yes.57155716 Question 2. Do you support reforming the Jones Act? If so, how5717would you reform the Jones Act? How would those reforms impact the5718shipbuilding industry in the United States?5719 Answer. It would be up to Congress to enact any amendments to the5720Jones Act, and it would be up to the President to decide whether to5721propose any legislative change on behalf of the Executive Branch. If I5722am confirmed as Deputy Secretary, I would not come to the job with any5723predetermined proposal for reforming the Jones Act. I would look5724forward to supporting the Secretary in reviewing the application of the5725Jones Act and evaluating any purported need for reform that might5726require consideration.57275728 U.S. Maritime Administration. The U.S. Maritime Administration5729(``MARAD'') was established to develop and support the United States5730merchant marine and domestic shipbuilding, shipping, and related5731industries. While previously housed within the Department of Commerce,5732MARAD has been a part of the Department of Transportation since 1981.5733Project 2025 calls for moving MARAD from the Department of5734Transportation to the Department of Homeland Security or to the5735Department of Defense to find ``operational efficiencies.''57365737 Question 1. Do you support maintaining MARAD as an agency within5738the Department of Transportation? If not, why not, and where would you5739propose addressing DOT and MARAD maritime authorities and activities5740directed under Title 49 and elsewhere?5741 Answer. If confirmed, I will support the continuation of MARAD's5742mission within DOT. Any decision to move MARAD to another department5743would require legislation and would be up to Congress, and any decision5744to propose legislation to effect such a move on behalf of the Executive5745Branch would be made by the President. If such a decision were made, I5746would expect to assist the Secretary in supporting the decision, but I5747do not anticipate independently pushing for such legislation.57485749 Question 2. Given that you helped write Project 2025, what specific5750MARAD efficiencies do you intend to find?5751 Answer. If confirmed, I would expect to assist the Secretary in5752evaluating the potential need for improved efficiencies and greater5753productivity in all components of DOT, including MARAD, without5754compromising the critical safety mission of DOT, consistent with the5755statutory authorities of the Secretary and subject to the policy5756directions of the President.57575758 Question 3. Do you support MARAD's ongoing work to build a U.S.5759flagged fleet, crewed by U.S. merchant mariners, that is available to5760help carry U.S. cargo and equipment--especially when needed for support5761of potential Department of Defense contingencies?5762 Answer. Yes.57635764 Maritime Workforce. According to the Department of Defense, the5765Department of Transportation, the Maritime Administration, the Coast5766Guard, and the maritime industry, there is a significant shortage of5767professional U.S. mariners--and this is a major economic and national5768security concern. We do not have enough mariners to crew our current5769fleet of commercial ships, nor a large enough commercial fleet to keep5770costs to consumers down, nor a large enough commercial fleet to support5771the Department of Defense during potential contingencies. This is a5772competitiveness issue, and it impacts the entire American supply chain.5773Additionally, this is a national security issue--mariners are needed5774both to help carry goods onboard U.S. vessels, and to ensure we have5775the logistical capacity needed to support the Department of Defense5776during an emergency or contingency.57775778 Question 1. Do you consider the shortage of U.S. merchant mariners5779a national and economic security risk?5780 Answer. Yes.57815782 Question 2. How do you intend to leverage Department of5783Transportation resources, including the United States Merchant Marine5784Academy, State Maritime Academies, and Military to Mariner Programs, to5785grow and develop the maritime workforce, including a sufficient5786quantity of U.S. mariners?5787 Answer. If confirmed, I would look forward to partnering with the5788Secretary to advance these important goals in the most efficient and5789economical way practicable, as the American taxpayer would expect,5790consistent with the Secretary's statutory authorities and subject to5791the policy directions of the President.57925793 The MARAD Federal Ship Financing Program. The MARAD Federal Ship5794Financing Program (known as ``Title XI'') provides long term, low5795interest loans to certain maritime entities to promote growth and5796modernization of the U.S. Merchant Marine and U.S. shipyards. This5797program is vital to helping the modernization of U.S. shipyards and the5798construction of new U.S. built, U.S. flagged vessels.57995800 Question 1. Would you support increased funding for Title XI for5801the purposes of construction of new U.S. built, U.S. flagged vessels5802economic and national security? Why or why not?5803 Answer. If confirmed, I would expect to assist the Secretary in5804conducting a rigorous review of discretionary financial assistance5805programs like Title XI to evaluate the performance and results of the5806programs and to assess the potential need for improvements. I fully5807embrace the need for more domestic shipbuilding capacity and projects,5808and I recognize the important role Title XI can play in advancing that5809goal.58105811 Question 2. Commercial fishing vessels are currently not considered5812a vessel of national interest, even though investing in the domestic5813seafood supply chain is of great economic importance, particularly with5814respect to keeping costs down for consumers, protecting family wage5815fishing and seafood processing jobs, and improving competitiveness with5816China in the seafood sector.5817 Would you support expanding Title XI to cover loans to include5818fishing vessels as a vessel of national interest for the purposes of5819the Title XI Program? Would you support further expanding the program5820to include construction of seafood supply chain shoreside5821infrastructure modernization?5822 Answer. I don't yet know enough to answer these questions, and I5823don't have a predetermined inclination one way or the other. If5824confirmed, I would look forward to working with you and others in5825Congress to learn more about how Title XI might be used to serve this5826purpose and to assist the Secretary in addressing these questions.5827 ______58285829 ATTACHMENT:5830 Letter of Steven G. Bradbury, Acting Assistant Attorney General,5831Office of Legal Counsel, U.S. Department of Justice, to Chairman Arlen5832Specter and Ranking Member Patrick Leahy, Senate Judiciary Committee5833(July 14, 2006)5834[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]5835 ______58365837 Response to Written Questions Submitted by Hon. Amy Klobuchar to5838 Steven Bradbury5839Question Topic: Infrastructure Funding5840 The Administration has recently taken actions that have impeded the5841implementation of the Bipartisan Infrastructure Law--including delaying5842grants that have already been awarded but not disbursed--adding costs5843to projects across the country, including more than 60 projects in5844Minnesota alone.58455846 If confirmed, will you commit to supporting infrastructure5847 funding through programs authorized by the Bipartisan5848 Infrastructure Law?58495850 Will you prevent delays to grants that have already been5851 awarded so that these projects can get started?5852 Answer. If confirmed, I would expect to assist the Secretary in5853managing DOT's discretionary grant decisions, consistent with the law,5854so as to ensure that taxpayer dollars are prudently obligated to5855achieve the intended results and the exercise of discretion in these5856programs is appropriate and consistent with the best interests of the5857American people.5858Question Topic: NOTAM5859 Following the NOTAM system outage in 2023, I worked with Senators5860Moran and Capito to pass a bill directing the implementation of a5861modernized NOTAM system and backup system by September 2024. Earlier5862this month, the primary NOTAM system experienced an outage for several5863hours. While the backup system was successfully activated, I'm still5864concerned about the past due upgrade to the primary system.58655866 During the hearing, you said you would work to upgrade5867 technical systems for the FAA and Air Traffic Control. Will you5868 commit to ensuring a modernized NOTAM system is implemented in5869 a timely fashion? How else will you work to upgrade technical5870 systems?5871 Answer. Yes, if confirmed, I would expect to assist the Secretary5872in working with the FAA to ensure that the NOTAM system is modernized5873and made more reliable. I would also expect to support the Secretary's5874efforts to evaluate all of the FAA's air traffic control systems and5875practices to identify areas for improvement and to explore new5876solutions for upgrading ATC operations more quickly and efficiently, in5877order to enhance the safety of our national airspace.5878Question Topic: Air Traffic Control Infrastructure5879 You testified that you would assist Secretary Duffy in upgrading5880our Nation's air traffic control operations. I've been working across5881the aisle with Rep. Stauber to replace the air traffic control tower at5882the Duluth Airport--one of the oldest in the country.58835884 If confirmed, will you support funding to upgrade our air5885 traffic control towers, particularly through the Federal5886 Aviation Administration's Airport Terminal grant program?5887 Answer. If confirmed, I would look forward to assisting Secretary5888Duffy as he works with the FAA to review the need for tower upgrades5889and to evaluate the funding required for such upgrades.5890Question Topic: FAA Firings5891 Aviation safety assistants and maintenance mechanics that support5892aircraft safety inspectors and repair air traffic control facilities5893were among the 400 FAA workers fired last week.58945895 Will you work to rehire these safety roles?58965897 Will you commit to ensuring that safety workers will not be5898 indiscriminately fired in the future?5899 Answer. I am confident the Secretary is committed to ensuring that5900any personnel cuts deemed necessary, including at the FAA, will not5901involve safety-critical staff and will not degrade DOT's ability to5902carry out its primary safety mission. If confirmed, I will assist the5903Secretary in managing this process with care, consistent with the law5904and subject to the policy directions of the President.5905 ______59065907 Response to Written Questions Submitted by Hon. Brian Schatz to5908 Steven Bradbury5909Department of Transportation Grants5910 Question One. In his confirmation hearing, Secretary Duffy assured5911me that the Department of Transportation would continue to outlay all5912Infrastructure Investment and Jobs Act obligations in accordance with5913the law. Do you commit to supporting the Secretary in executing all5914obligated DOT grants?5915 Answer. I understand the Department is disbursing funds for valid5916expenditures under obligated DOT grants. If confirmed, I would expect5917to assist the Secretary in managing DOT's discretionary grant5918decisions, consistent with the law, so as to ensure that taxpayer5919dollars are prudently obligated to achieve the intended results and the5920exercise of discretion in these programs is appropriate and consistent5921with the best interests of the American people.59225923 Question Two. President Trump and Secretary Duffy have both stated5924that investing in large transportation infrastructure projects is among5925their priorities at DOT. This cannot be done with-out robust funding5926for DOT discretionary grants. Do you pledge to continue robust funding5927for discretionary grants?5928 Answer. Please see my answer to Question One.59295930 Question Three. What are your priorities for infrastructure5931investment?5932 Answer. DOT's mission is exceptionally important in no small part5933because the liberty and prosperity of the American people depend on the5934safe and efficient operation of the Nation's transportation systems and5935infrastructure. If confirmed as Deputy Secretary of Transportation, I5936would expect to prioritize Federal funding for cost-beneficial5937infrastructure projects of national importance in accordance with the5938authorizations and appropriations provided by Congress and the policy5939directions of the administration. Infrastructure investment is a major5940priority for President Trump and for Secretary Duffy, and I look5941forward to being a strong partner to the Secretary in helping to5942advance transportation projects of importance to the Nation.59435944 Question Four. Do you support considering birth and marriage rates5945when determining DOT awards?5946 Answer. Consistent with the policy directions of the President and5947the Secretary, if confirmed, I would expect to support the5948consideration of birth and marriage rates as one among several factors5949potentially useful in identifying growing communities where the future5950need for discretionary infrastructure investment may be especially5951important.59525953 Question Four, Subquestion One. If so, how do you plan to ensure5954that rural places or areas with aging populations have paved roads,5955sidewalks, and reliable bus service?5956 Answer. I expect that birth and marriage rates would likely not be5957the determinative factor in most discretionary grant awards and that5958DOT will direct an appropriate portion of discretionary grants to rural5959communities and areas with aging populations, where and as consistent5960with law.59615962 Question Four, Subquestion Two. If so, please explain your5963rationale behind why areas with higher marriage rates need more5964transportation funding compared to those with lower rates.5965 Answer. Please see my answers to the preceding questions.5966Road Safety5967 Question One. On average, 116 people were killed every day on roads5968in the U.S., totaling just over 42,500 fatalities in 2022. This is a 265969percent increase in deaths in a decade. If confirmed, how would you5970address the road safety crisis facing our country?5971 Answer. The numbers of fatalities and serious injuries on America's5972highways are persistently high and unacceptable, and we must drive5973those numbers down toward zero. One way to improve highway safety is to5974ensure that new cars and trucks are affordable, so that American5975families are not stuck driving older used vehicles, which are much less5976safe in a highway crash. Another is to focus on better ways to5977discourage and to punish drunk driving and drugged driving, which are a5978national scourge on our highways. In addition, automated driving5979technologies, including autonomous vehicle systems, hold great promise5980for reducing highway deaths and injuries dramatically. I believe DOT5981should work to advance regulatory frameworks for the Nation that will5982help facilitate and accommodate the development, testing, and safe5983deployment of such innovative technologies and systems. If confirmed, I5984would plan to assist the Secretary in working to keep new and safer5985vehicles affordable for the average American, in addressing the5986challenge of drunk and drugged driving, and in working toward the5987realization of a safety framework for automated driving technology and5988AVs. If legislation is needed or deemed appropriate to achieve these5989goals, I would expect to support the Secretary in working with Congress5990to advance Federal policy in this important area.59915992 Question Two. Pedestrian and cyclist fatalities have risen5993disproportionately in recent years. If confirmed, what specific actions5994will you take to achieve this goal?5995 Answer. Here again, automated driving-assist technology can be5996effective in avoiding crashes involving bikes and pedestrians. At the5997same time, I believe we need to support the efforts of States and local5998governments in separating pedestrians and cyclists from busy traffic5999lanes. I do not believe, however, that it is the appropriate role of6000the Federal government to dictate these projects to the States. Rather,6001I would favor funding structures that empower the States and local6002communities to control these decisions at the local level and that give6003them flexibility they need to make local investments with local6004dollars, provided such projects do not interfere with the Federal goal6005of preserving or expanding the capacity and efficiency of federal-aid6006highways.60076008 Question Three. In your confirmation hearing, you stated that if6009confirmed you will prioritize advancing the safety of our6010transportation system. What role do vehicle safety regulations like AEB6011mandates and impaired driving technology play in improving the safety6012of our streets?6013 Answer. Vehicle safety standards can, of course, play an important6014role in advancing the goal of improved safety outcomes. As Congress has6015instructed, such standards must be reasonable, practicable, and6016appropriate, which includes a balancing and assessment of cost versus6017benefit. We must advance safety with an eye toward maintaining the6018affordability of new vehicles. If many American families are unable to6019afford new vehicles that meet their needs, the safety outcome we all6020desire will not be realized. In addition, new technology must be6021acceptable to the driving public. The Federal government cannot force6022Americans to embrace new technologies through regulatory mandates.60236024 Question Three, Subquestion One. If confirmed, do you commit to6025retaining and advancing vehicle safety regulations that are proven to6026improve safety for drivers and pedestrians?6027 Answer. Automated driving-assist technologies have great potential6028to improve safety, including for pedestrians and cyclists. At the same6029time, vehicle safety rules must be reasonable, practicable, and6030appropriate, which includes a balancing and assessment of cost versus6031benefit. We must advance safety with an eye toward maintaining the6032affordability of new vehicles. If many American families are unable to6033afford new vehicles that meet their needs, the safety outcome we all6034desire will not be realized. In addition, new technology must be6035acceptable to the driving public. The Federal government cannot force6036Americans to embrace new technologies through regulatory mandates.6037Oversight6038 Question One. In 2020, Senator Wicker, then Chair of the Senate6039Commerce Committee released findings concluding that your DOT General6040Counsel office failed to produce relevant documents, obstructing6041committee investigations. If confirmed, do you commit to responding to6042requests for information in a timely and complete manner, and having6043open communication with all committee and member offices?6044 Answer. Yes, if confirmed, I intend to facilitate open and candid6045channels of communication with Congress concerning the effectiveness,6046capabilities, and resource needs of DOT. I do not believe it is fair or6047accurate to say that I as General Counsel of DOT or OGC obstructed6048Congress's investigations into the Boeing 737-MAX disasters. As General6049Counsel, my effort was to assist the Secretary and the FAA in6050facilitating the FAA's responses to those congressional investigations,6051not at all to impede the investigations.60526053 Question Two. What specific steps will you take to ensure the6054transparency and accountability of the department?6055 Answer. I believe that a fair review and assessment of my career in6056government service will show that I have consistently prioritized6057transparency and accountability in my decision making and in explaining6058and justifying the grounds for decisions I have made. My strong6059personal inclination is to ensure that the Department as a whole will6060meet those same expectations.6061 Aviation6062 Question One. For the past four years, I served as Chair of the6063Senate Appropriations Subcommittee on Transportation, Housing and Urban6064Development. As Chair, I worked in a bipartisan fashion to annually6065increase funding to expand air traffic controller hiring. Do you agree6066that federal investment in our air traffic controller workforce is6067critical to maintaining the safety of our nation's airspace?6068 Answer. Yes.60696070 Question Two. If confirmed, how do you plan to address the air6071traffic controller shortage?6072 Answer. If confirmed, I will support the Secretary's efforts to6073evaluate all of the FAA's air traffic control systems and other safety-6074critical systems and practices to identify areas for improvement in6075efficiency and productivity and to explore new solutions for upgrading6076operations more quickly and economically, in order to enhance the6077safety of our national airspace. I will also support the Secretary in6078working with the FAA to ensure we hire the best and brightest air6079traffic controller candidates and that we expand the pipeline and6080training capacity for new air traffic controllers, consistent with the6081resources provided by Congress.60826083 Question Three. As General Counsel of the Department under the6084previous Trump Administration, you oversaw activities in the Department6085of Transportation Office of Aviation Consumer Protection. As such, you6086should understand how vital this office is to ensuring that the6087regulations intended to protect American air travelers are enforced.6088What is your view of this office's role in protecting air travelers?6089 Answer. Congress has authorized the Secretary to prohibit ``unfair6090and deceptive practices'' in the airline industry after holding6091hearings to gather evidence to support any such prohibition. I support6092renewal of the Trump administration's rule setting forth a clear6093definition of these terms, in line with the parallel authority of the6094Federal Trade Commission, and providing for appropriate procedures and6095evidence-based analysis to support rulemaking in this area.6096Furthermore, if confirmed, I would favor focusing the Department's6097aviation consumer protection authority on making air travel more6098affordable and accessible to Americans, increasing safety, preserving6099competition in airline service to benefit the public, and incentivizing6100private investment to facilitate the deployment of emerging aviation6101technologies that can enhance safety, stimulate stronger competition,6102and lead to greater economic growth and prosperity for the Nation.6103Project 20256104 Question One. You are identified as a key contributor to the6105transportation chapter of Project 2025. What was your role in authoring6106the proposal?6107 Answer. I reviewed the chapter and provided substantive input on6108some of the regulatory aspects of the chapter.61096110 Question Two. Project 2025 endorses many policies that would be6111harmful to Hawaii residents and others across the country, as well as6112our national security, including repealing or substantially modifying6113the Jones Act, ending the Essential Air Service Program, and abolishing6114DOT discretionary grants. Do you support these proposals?6115 Answer. As I noted in my letter of February 18, 2025, to the6116Chairman and Ranking Member of the Committee responding to questions6117raised by the Ranking Member's staff, there are many policy suggestions6118included in the Department of Transportation chapter of the Project61192025 policy book that I do not subscribe to or that I would have6120articulated differently had I been a co-author of the chapter. Some of6121the proposals made in the chapter I disagree with, such as the6122proposals to separate the FAA's safety regulatory function from DOT and6123to repeal the Jones Act. Others, which may have merit as a theoretical6124matter, are so unlikely to be embraced by Congress that I would not6125expect to advise the Secretary to push for them if I were confirmed as6126Deputy Secretary. Among numerous others, these include the proposals to6127privatize the Nation's air traffic control operations, to end the6128Essential Air Service program, and substantially to eliminate the6129Department's transit programs and its grant-making and lending6130functions, even for infrastructure projects of national importance.61316132 Question Three. Project 2025 endorses separating the Federal6133Aviation Administration--or ``at minimum'' separating the function that6134includes air traffic control--from the Department of Transportation as6135well as ``operating FAA more like a business''. The role of DOT and FAA6136is to prioritize safety, not profit as a business would. Do you support6137this proposal as outlined in Project 2025?6138 Answer. Please see my answer to the preceding question.6139 ______61406141 Response to Written Questions Submitted by Hon. Tammy Duckworth to6142 Steven Bradbury6143Question Topic: Accessible Air Travel6144 Question 1. The bipartisan FAA Reauthorization Act of 2024 includes6145several provisions focused on improving the air travel experience of6146passengers with disabilities. Specifically, the law requires DOT to6147promulgate several rules, including those related to boarding and6148deplaning of aircraft and inflight entertainment.61496150 A. If confirmed, what specific steps will you take to ensure that6151the department complies with the law in light of the administration's6152firing of hundreds of personnel and its deregulatory efforts?6153 Answer. I am confident the President's directives on improving6154government efficiency and his regulatory reform agenda can be6155implemented without compromising the Department's safety mission,6156including with regard to the requirements set forth in the recent FAA6157Reauthorization Act. If confirmed, I will exercise my leadership in6158support of the Secretary to ensure that all laws are faithfully6159executed and statutory mandates complied with.61606161 Question 2. On December 16, 2024, the Department of Transportation6162published a final rule ensuring safe accommodations for air travel6163passengers who use wheelchairs. The safety of air travel passengers who6164use wheelchairs is not on par with the overall safety of commercial air6165travel. Numerous passengers have been physically injured, and their6166wheelchairs and other assistive devices have been damaged or destroyed.6167The promulgation of the final rule fulfilled some of the requirements6168in the FAA Reauthorization Act of 2024 to improve training requirements6169for those who assist wheelchair users and those who handle their6170assistive devices. It also requires airlines to provide more6171information to passengers about when their devices are mishandled and6172expands their options for repair. If confirmed as Deputy Secretary:61736174 A. Will you work with the stakeholders, including the disability6175community, to ensure that this rule is properly implemented and6176enforced?6177 Answer. I appreciate and share the national commitment to ensuring6178that disabled travelers have access to air service and that their6179wheelchairs and other assistive devices are handled with care and6180respect by the airlines. The Aviation Consumer Protection Office of DOT6181has an important role to play in ensuring that this commitment is6182upheld and enforced. I support that role. If confirmed, I would look6183forward to working with the staff of this Office on behalf of the6184Secretary to advance these mandates.61856186 B. What actions will you take to ensure there are enough personnel6187at the Department to monitor the implementation of the rule?6188 Answer. If confirmed, I will assist the Secretary in his efforts to6189ensure that staffing levels at DOT are adequate to carry out the6190essential functions of the Department efficiently and effectively.61916192 Question 3. On January 20, 2025, President Trump issued an6193executive order terminating diversity, equity, inclusion and6194accessibility programs, policies and activities in the Federal6195Government. However, multiple laws require prohibit discrimination on6196the basis of disability, including the Rehabilitation Act of 1973, the6197Air Carrier Access Act of 1986 and the Americans with Disabilities Act6198of 1990.61996200 A. As Deputy Secretary, what specific actions will you take to6201ensure that Federal laws providing access for people with disabilities6202are upheld and enforced?6203 Answer. I appreciate and share the national commitment to ensuring6204that disabled Americans have access to the transportation services6205necessary to conduct their lives productively and with dignity, just as6206all Americans should be able to do. The Aviation Consumer Protection6207Office of DOT has an important role to play in ensuring that this6208commitment is upheld and enforced, as does the Deputy Secretary and all6209other leadership offices of DOT. If confirmed, I would intend to uphold6210that commitment. Several of the laws referenced in the question are6211enforced by the U.S. Department of Justice, and, if confirmed, I would6212intend to work in collaboration with DOJ to ensure effective6213enforcement of all Federal laws guaranteeing the accommodation of6214persons with disabilities in our transportation systems.6215Question Topic: Accessible Train Travel6216 Question 1. Amtrak serves over 28 million riders per year--however,6217the Americans with Disabilities Act (ADA) requirement that intercity6218passenger rail become accessible within a 20-year time frame is not yet6219implemented across all Amtrak stations. As of July 2023, Amtrak has6220only made 30 percent of its 385 stations accessible to those with6221disabilities. In December 2024, the bipartisan Think DIFFERENTLY6222Transportation Act, which requires the rail agency to submit annual6223reports to Congress on its compliance with accessibility standards set6224by the ADA, became law.62256226 A. If confirmed as Deputy Secretary, what specific steps will you6227take to ensure that the Think DIFFERENTLY Transportation Act--and by6228extension the ADA--is fully implemented so that stations are made6229accessible on time?6230 Answer. I appreciate and share the national commitment to ensuring6231that disabled Americans have access to the transportation services6232necessary to conduct their lives productively and with dignity, just as6233all Americans should be able to do--including on Amtrak-operated6234trains, as contemplated in the Think DIFFERENTLY Transportation Act.6235DOT does not control Amtrak, but it has an important role in6236influencing Amtrak's compliance with the directions of Congress. If6237confirmed, I would intend to exercise that influence to advance the6238goal of improved access to Amtrak for persons with disabilities. To the6239extent the requirements of the ADA are enforced with regard to Amtrak6240by the U.S. Department of Justice, I would, if confirmed, intend to6241work in collaboration with DOJ to ensure effective enforcement.6242Question Topic: Aviation Safety6243 Question 1. As Ranking Member of the Subcommittee on Aviation,6244Space & Innovation--and as a pilot--I take aviation safety very6245seriously. Our aviation system is at a crossroads. Our margin of safety6246has been diminished--both in operations and in manufacturing. We need6247to restore our safety margin, not diminish it further. A big part of6248that involves growing our aviation workforce. We lost a lot of6249experience during the pandemic, and we need to chart a course to build6250that back over the next several years. We need more air traffic6251controllers and other specialists.6252 We passed a strong, bipartisan FAA Reauthorization bill last year6253to do that. But President Trump is undercutting these bipartisan6254efforts. One of his first acts back in office was to invite air traffic6255controllers to retire early. Then, he fired hundreds at FAA. That's not6256helpful for safety. Based on your prior work at the Department of6257Transportation, I am concerned that you, too, will not make safety your6258top priority. During this committee's investigation into the Boeing 7376259MAX crashes--you failed to fully cooperate. Your actions were so6260troubling, then-Chairman Wicker specifically called you out in his6261final report for failing to produce relevant documents. The House6262Transportation & Infrastructure committee voiced similar frustrations6263with DOT's level of cooperation during its 737 MAX investigation. DOT6264is going to need to cooperate with Members of this committee--so we can6265continue our oversight of Boeing certification and production issues.62666267 A. Will you commit to providing complete and timely responses to6268requests from me--or any of my colleagues on this committee--for6269documents and information regarding Boeing certification and production6270issues?6271 Answer. If confirmed, I will support the Secretary in working with6272the FAA and its dedicated career staff to improve and strengthen the6273FAA's air traffic control functions and its critical role as the6274Nation's aviation safety regulator while maximizing its efficiency. And6275I intend to facilitate open and candid channels of communication with6276Congress concerning the effectiveness, capabilities, and resource needs6277of FAA and the other vital components of DOT. I do not believe it is6278fair or accurate to say that I played a role in obstructing Congress's6279investigations into the Boeing 737-MAX disasters. As General Counsel of6280DOT, my effort was to assist the Secretary and the FAA in facilitating6281the FAA's responses to those congressional investigations, not at all6282to impede the investigations.62836284 Question 2. Last year Boeing got caught quietly asking FAA to waive6285safety regulations to allow a new 737 MAX variant to enter commercial6286service with a known safety defect. That defect posed a potentially6287catastrophic risk. In the face of public outrage, Boeing ultimately6288withdrew its application.62896290 A. Will you ensure that FAA will NOT certify any new Boeing6291aircraft unless new aircraft meet all applicable safety regulations and6292Boeing has demonstrated to FAA that such aircraft is safe to carry6293commercial passengers?6294 Answer. If confirmed, I will support the Secretary in working with6295the FAA to ensure that new Boeing aircraft are only certified for6296service when all safety requirements are met and when the FAA is6297convinced that the aircraft is safe to carry passengers in commercial6298air service.62996300 Question 3. Following the 737 MAX 9 door plug blowout, FAA began6301enhanced oversight of Boeing aircraft production, including a cap on6302production and a review of Boeing's Key Performance Indicators to6303enable FAA to evaluate the soundness of Boeing's production practices6304in real time.63056306 A. Will you commit to maintaining FAA's enhanced oversight over6307Boeing's aircraft production?6308 Answer. I support tougher and more rigorous and effective oversight6309over the safety of Boeing's manufacturing processes and the airplanes6310it produces. Boeing must improve its safety record, and the FAA must6311ensure effective oversight of Boeing's processes and products.6312Question Topic: Federal Funding6313 Question 1. President Trump's freeze on transportation funding has6314caused chaos and confusion across the country and is putting important6315projects at risk. The Bipartisan Infrastructure Act is law--and the6316Department of Transportation must implement it on time and without6317delay.63186319 A. If you are confirmed, will you commit to disbursing all6320obligated grant funding from the Department of Transportation on time,6321without delay?6322 Answer. I understand the Department is disbursing funds for valid6323expenditures under obligated DOT grants. If confirmed, I would expect6324to assist the Secretary in managing DOT's discretionary grant6325decisions, consistent with the law, so as to ensure that taxpayer6326dollars are prudently obligated to achieve the intended results and the6327exercise of discretion in these programs is appropriate and consistent6328with the best interests of the American people.63296330 Question 2. It is not just attempts to freeze obligated funding6331that is sowing chaos. When DOT awards funding, that spurs actions and6332commitments from stakeholders. Casting doubt on funding that has6333already been awarded leaves stakeholders in the lurch and puts projects6334at risk. Some of these projects are critically important for our6335Nation's economy. For example, the Chicago Region Environmental and6336Transportation Efficiency Program, or CREATE, is a public-private6337partnership working to eliminate notorious bottlenecks in Chicago so6338that passenger and freight rail can move across the country quicker.6339Chicago is our Nation's busiest freight rail hub. The first Trump6340Administration recognized how critical this project is to our national6341supply chain and awarded $132 million to it. In October, the Department6342of Transportation awarded an additional $291 million. However, this6343latest funding has been frozen.63446345 A. Will you commit to disbursing all funding the Department of6346Transportation has awarded pursuant to the Bipartisan Infrastructure6347Act in full and without undue delay?6348 Answer. Please see my answer to the preceding question.6349 ______63506351 Response to Written Questions Submitted by Hon. Ben Ray Lujan to6352 Steven Bradbury6353Question Topic: DOT Grants6354 Question 1. Do you commit that the Department will follow through6355on grants that have already been promised to communities across the6356country, but have not yet been finalized?6357 Answer. If confirmed, I would expect to assist the Secretary in6358managing DOT's discretionary grant decisions, consistent with the law,6359so as to ensure that taxpayer dollars are prudently obligated to6360achieve the intended results and the exercise of discretion in these6361programs is appropriate and consistent with the best interests of the6362American people.6363Question Topic: Tribal Consultation6364 Question 1. Will you commit to maintaining the Office of Tribal6365Government Affairs at DOT, formalizing Tribal Consultation requirements6366for Department officials, and holding regular Tribal Transportation6367Summits to increase awareness and technical assistance for Tribes so6368Tribes can access competitive agency funding?6369 Answer. Yes, this is a personal commitment of mine.6370Question Topic: Air Traffic Control6371 Question 1. As you know, there is a significant shortage of air6372traffic controllers across our aviation system. At the end of Fiscal6373Year 2024, the Federal Aviation Administration (FAA) had 1,020 fewer6374Certified Professional Controllers (CPCs) than at the end of Fiscal6375Year 2012.6376 Last year, I was proud to work with my colleagues to include6377language in the FAA Reauthorization package that mandates maximum6378hiring of air traffic controller trainees for five years, so long as6379there is adequate funding.63806381 Will you commit to supporting the implementation of maximum hiring6382targets, including ensuring that there is sufficient funding to meet6383those targets?6384 Answer. Yes.6385Question Topic: FAA Staffing6386 Question 1. Do you believe that maintenance mechanics, aeronautical6387information specialists, and aviation safety assistants at the Federal6388Aviation Administration play an important safety role?6389 Answer. Yes.63906391 Question 2. Do you believe the FAA should be investing more in6392aviation safety in light of recent safety incidents across the country?6393 Answer. If confirmed, I will support the Secretary's efforts to6394evaluate all of the FAA's safety-critical systems and practices to6395identify areas for improvement and to explore new solutions for6396upgrading operations more quickly and efficiently, in order to enhance6397the safety of our national airspace. I will also support the Secretary6398in working with the FAA to ensure we hire the best and brightest air6399traffic controller candidates and other technical staff for the FAA and6400that we expand the pipeline and training capacity for new air traffic6401controllers, consistent with the resources provided by Congress.6402Question Topic: Rail Safety6403 Question 1. Last Thursday morning, there was a train derailment6404near the Valencia/Socorro county line in New Mexico. Thankfully current6405reports show no one was injured, but New Mexico State Police say6406multiple train cars carrying both hazardous and non-hazardous materials6407derailed.6408 Last April, there was a derailment on the border of Arizona and New6409Mexico in which six tank cars each hauling 30,000 gallons of liquefied6410petroleum gas derailed.6411 Yes or no, do you believe safety inspectors play an important role6412in our rail system?6413 Answer. Yes.64146415 Question 2. Do you think now is a good time to fire rail safety6416inspectors?6417 Answer. I am confident the Secretary is committed to ensuring that6418any personnel cuts deemed necessary, including at the FRA, will not6419involve safety-critical staff and will not degrade DOT's ability to6420carry out its primary safety mission. If confirmed, I will assist the6421Secretary in managing this process with care, consistent with the law6422and subject to the policy directions of the President.64236424 Question 3. Do you commit to keeping these FRA inspectors on the6425job who are responsible for protecting our rail system?6426 Answer. Please see my answer to the preceding question.6427Question Topic: Truck Safety6428 It is a priority for me to put an end to trucking fatalities--and6429in particular, underride crashes. In 2015, 16-year-old Riley Hein was6430killed in a collision with an 18-wheeler in Tijeras, New Mexico.6431Because the truck did not have side underride guards, Riley's car6432became wedged underneath it during the collision and was dragged for6433half a mile. Eventually, the car caught fire and Riley burned to death.6434 Underride crashes are extremely dangerous, and often result in6435serious injuries or death. But they are preventable, and the technology6436to prevent them already exists.6437 Question 1. Do you commit to working with industry, advocacy, and6438other safety partners to address underride crashes and stop preventable6439deaths on our roadways?6440 Answer. Yes, I look forward to assisting the Secretary in examining6441these issues carefully, in consultation with the experts in NHTSA and6442all interested stakeholders.64436444 Question 2. In addition, underride crashes are severely6445underreported. The Fatality Analysis Re-porting System (FARS) is a6446nationwide census providing NHTSA, Congress and the American public6447yearly data regarding fatal injuries suffered in motor vehicle traffic6448crashes. However, the data is often inaccurate due to differences on6449how each state collects and reports this data. For example, many states6450do not have an Underride/Override checkbox on their electronic State6451Police Crash Report Forms, making it difficult to accurately report6452these crashes and represent them in the system. When data is6453inaccurate, the Department is unable to make informed decisions about6454how to address fatalities and mitigate and prevent specific types of6455crashes, including underride crashes.6456 If confirmed, do you commit to addressing inaccuracies in the FARS6457system and working with states to standardize reporting?6458 Answer. Yes.6459Question Topic: NHTSA Staffing & Funding6460 Question 1. Yes or no, do you believe it is important for NHTSA to6461invest in developing new technologies to make our roads safer?6462 Answer. I believe NHTSA plays a critical role in assessing and6463validating test methods for new automotive safety systems. NHTSA also6464supports some of these efforts through grant funding. If confirmed, I6465would expect to support the Secretary in working with NHTSA to review6466the need for and effectiveness of NHTSA's grant-making programs,6467consistent with the laws and appropriations enacted by Congress. I6468believe private investment is the main driver of technological6469innovation in the U.S., including for new safety-enhancing6470transportation systems. To maximize safety and save more lives, we need6471to preserve incentives for private investment in innovative new6472technologies.64736474 Question 2. Yes or no, do you commit to maintaining NHTSA's current6475investments in technology development, including maintaining staff who6476are essential to executing that work?6477 Answer. If confirmed, I would expect to support the Secretary's6478efforts to maintain NHTSA's safety functions, including with adequate6479staffing, funding, resources, systems improvements, and authorities.64806481 Question 3. According to Politico, several categories of workers at6482DOT are ineligible for this administration's deferred resignation offer6483and ``will not be subject to a reduction-in-force or other premature6484separation'' because they fall within ``public safety.'' No NHTSA6485positions were included in the publicly reported list. Do you believe6486that NHTSA plays a public safety role within DOT by preventing needless6487deaths on our roadways?6488 Answer. I agree that NHTSA has an essential role in furthering6489DOT's critical safety mission. Most travel in the U.S. is by highway,6490and the persistently high number of annual highway fatalities is6491unacceptable. We must find solutions to drive that number down to-ward6492zero, and NHTSA is at the center of that effort for DOT.6493Question Topic: Impaired Driving Prevention6494 Question 1. Secretary Duffy committed to providing an update in6495writing on the current status of the impaired driving prevention6496rulemaking, including a timeline to complete it, within 6 months of his6497confirmation. Do you commit to working with him to provide an update in6498writing to my office by July 28, 2025?6499 Answer. If confirmed, I will assist the Secretary in following up6500on his commitments to you and the other Members of the Committee.65016502 Question 2. Do you commit to issuing a rulemaking for the impaired6503driving provision of the Bipartisan Infrastructure Law that protects6504drivers' privacy, ensuring that driver data is not collected, stored,6505shared, or sold?6506 Answer. If confirmed, I will assist the Secretary in working with6507NHTSA to review the information collected in response to the recent6508advance notice of proposed rulemaking and to consider carefully the6509next steps in this rulemaking proceeding.65106511 Question 3. When seatbelts and airbags were new technologies, both6512the auto industry and the Department of Transportation invested in6513public acceptance campaigns to ensure these technologies were widely6514adopted and could save the most lives possible. Yes or no, do you6515believe a similar strategy is necessary as we move forward with the6516impaired driving prevention rulemaking?6517 Answer. Yes, it may be. Certainly, I have concerns about the6518public's willingness to accept new technologies that may be viewed as6519invasive. If confirmed, I would intend to assist the Secretary in6520working with NHTSA to explore these questions carefully.65216522 Question 4. Not only does this impaired driving prevention6523technology make us safer, but it also makes economic sense. According6524to NHTSA, in 2019, the economic costs of alcohol-involved and6525distracted-driving crashes alone totaled $167 billion in a single year.6526The highest estimate I've heard for hardware-based solutions to address6527impaired driving are $200 per car, with software-based solutions coming6528in at a negligible cost, since new cars are already being equipped with6529the technology that makes drunk driving detection possible. Do you6530believe this information should be carefully considered in moving6531forward with a rulemaking on impaired driving prevention technology?6532 Answer. Yes.6533 ______65346535Response to Written Questions Submitted by Hon. Lisa Blunt Rochester to65366537 Steven Bradbury6538Question Title: Flight 5342 Response6539 Question 1. After the recent devastating crash of Flight 5342 on6540approach at Reagan National Airport, there have been numerous reports6541that ATC staffing or obsolete infrastructure could have played a role6542in the crash. President Trump and Secretary Duffy have committed to6543upgrading and modernizing our ATC infrastructure as a result.65446545 Will you commit to moving aggressively to upgrade our Nation's ATC6546infrastructure as well as maximum ATC controller hiring?6547 Answer. Yes.6548 Question 2. Can you elaborate on your vision--and what tactics you6549would employ--to speed up modernization of this critical technology?6550 Answer. If confirmed, I will support the Secretary's efforts to6551evaluate all of the FAA's air traffic control systems and other safety-6552critical systems and practices to identify areas for improvement and to6553explore new solutions for upgrading operations more quickly and6554efficiently, in order to enhance the safety of our national airspace. I6555will also support the Secretary in working with the FAA to ensure we6556hire the best and brightest air traffic controller candidates and that6557we expand the pipeline and training capacity for new air traffic6558controllers, consistent with the resources provided by Congress.65596560 Question 3. The recent devastating crash of Flight 5342 highlighted6561a major concern when it comes to helicopter routes in extremely close6562proximity to Reagan National Airport. While I agree with Secretary6563Duffy's move to temporarily suspend those routes, I believe more action6564must be taken to permanently suspend helicopter traffic near DCA as it6565is a high traffic area. Do you believe helicopter traffic near Reagan6566National Airport should be permanently suspended? If not, what steps6567should be taken to ensure the safety of operations near the airport?6568 Answer. From what I understand based on public information, I6569believe the horrible collision of the Army Blackhawk helicopter with6570Flight 5342 and the devastating loss of life were entirely avoidable6571and should never have happened. I believe we need to ensure that the6572FAA has the systems, capabilities, expert staff, and authorities needed6573to exercise firm control and management over all aviation operations in6574and near the flight paths of DCA. Given the military presence and6575security requirements of the national capital region, I expect that it6576will continue to be necessary for military helicopters to fly up and6577down the Potomac near DCA. But I believe the Secretary of6578Transportation, the FAA, and the Secretary of Defense can effectively6579coordinate operations to ensure that all necessary helicopter traffic6580on the Potomac is routed through low-altitude corridors that avoid6581interference with DCA flight paths.6582Question Title: Economic and Workforce Development6583 Question 1. As you are aware commercial aviation is vital to the6584U.S. economy, driving 5 percent of U.S. GDP--the equivalent of $1.456585trillion in 2024--and supporting approximately 10 million jobs across6586the United States. Every day, U.S. airlines operate more than 27,0006587flights carrying 2.7 million passengers to/from nearly 80 countries and658861,000 tons of cargo to/from more than 220 countries. Alliances between6589U.S. and foreign airlines have expanded access to global markets and6590enabled job growth here in the United States. According to recent data6591from the Department of Transportation (DOT), leading U.S. airlines6592employ more than one million people worldwide, with U.S. passenger6593airlines alone employing their largest workforce in nearly 23 years.6594The U.S. aviation sector is critical to driving U.S. growth, ensuring6595good jobs for our communities, connecting global markets, and advancing6596technological innovation.6597 Please describe your vision for strengthening the United States'6598global aviation leadership. Please include your plans for exercising6599leadership at the International Civil Aviation Organization on behalf6600of the United States.6601 Answer. I agree completely that America's aviation sector, both the6602U.S.-flagged commercial airlines and our domestic aviation6603manufacturing base, is critical to the strength and vitality of our6604Nation and to our leadership position in the world. The FAA must6605reestablish itself as the recognized world leader and standard setter6606in the safety certification of new aircraft systems. Among other6607things, FAA leadership enables America to maintain and grow its vital6608domestic manufacturing base in aviation, an important component of our6609national economy. If confirmed, I will assist the Secretary in working6610to ensure that the FAA continues to engage with major foreign6611certification authorities and other cooperative aviation partners6612around the world toward the goal of achieving consistent state-of-the-6613art standards and practices for the development and manufacture of6614aircraft. And we cannot ignore ICAO's important role in promoting safe6615and secure worldwide air travel. I believe America needs to remain an6616active and effective participant and partner in ICAO proceedings.66176618 Question 2. What steps can the Department of Transportation take to6619enhance the competitive position of U.S. airlines and their skilled6620workforce?6621 Answer. I believe the Department needs to be a leader in standing6622up for U.S. airlines in international discussions. We should insist on6623firmly maintaining reciprocity in air service, in addressing and6624eliminating unfair subsidies and regulatory distortions by foreign6625nations that often advantage their government-owned or government-6626influenced carriers versus private U.S. carriers, and in vindicating6627the principles of our Open Skies policies. I would also favor pursuing6628new Open Skies agreements where they make sense for America.66296630 Question 3. Aviation manufacturing is a major economic driver in6631the United States, with the largest trade balance (exports minus6632imports) among all U.S. manufacturing sectors. A global network of6633manufacturers and suppliers provides the aircraft and components that6634airlines in the United States rely on to support their operations. In6635December the General Accountability Office issued a report documenting6636how U.S. airlines have had to make changes to scheduled flights and6637develop ways to safely extend the life of some parts, among other6638actions, due to the difficulty obtaining new aircraft or the parts6639needed to maintain their current fleet. As U.S. airlines respond to the6640post-pandemic rebound in air travel demand, aviation manufacturers'6641ability to provide new aircraft and parts is key to airlines' efforts6642to maintain and grow their operations.6643 Supply chain resiliency remains one of my top priorities. What6644actions can the Administration take to strengthen aerospace supply6645chains to ensure future and continued growth of the U.S. airline6646industry?6647 Answer. I believe we need to gear the actions of DOT and all other6648parts of our government toward incentivizing producers to invest in6649domestic U.S.-based production of critical components needed for6650aviation and other transportation systems. I fully share Congress's6651commitment to Buy America policies and the President's strong emphasis6652on growing U.S. jobs and our domestic industries, especially in6653critical sectors like aviation. Among other things, we must protect6654Americans and the U.S. economy from the dangers of dependence on6655unfriendly foreign suppliers and producers.66566657 Will you commit to briefing my office in 90 days with6658recommendations that both congress and Executive Branch can take to6659strengthen the supply chain?6660 Answer. If confirmed, I will support and assist the Secretary in6661working with you to address these needs.6662Question Title: 737 MAX6663 Question 1. As Deputy Secretary of Transportation, you will once6664again play an outsized role in the government's operation of vital6665safety programs. There are numerous public reports detailing your role6666in obstructing the Boeing 737 MAX investigation conducted by this6667committee. The safety of our families should be non-partisan. Our6668aviation safety industry is suffering and overworked, and privatizing6669the FAA is not the answer.6670 How will you ensure that we learn from past aviation mistakes and6671support our FAA workforce to meet the needs of tomorrow?6672 Answer. If confirmed, I will support the Secretary in working with6673the FAA and its dedicated career staff to improve and strengthen the6674FAA's air traffic control functions and its critical role as the6675Nation's aviation safety regulator while maximizing its efficiency. And6676I intend to facilitate open and candid channels of communication with6677Congress concerning the effectiveness, capabilities, and resource needs6678of FAA and the other vital components of DOT. I do not believe it is6679fair or accurate to say that I played a role in obstructing Congress's6680investigations into the Boeing 737-MAX disasters. As General Counsel of6681DOT, my effort was to assist the Secretary and the FAA in facilitating6682the FAA's responses to those congressional investigations, not at all6683to impede the investigations.66846685 Question 2. I also understand that there could be more safety6686technologies deployed that could potentially save lives. What is your6687plan to find, fund, and deploy lifesaving technologies that could save6688lives?6689 Answer. I believe we need to have strong performance-based safety6690management systems with clear benchmarks in place with Boeing and other6691critical manufacturers as well as operators to incentivize investments6692in safety-enhancing technologies and to ensure that the regulated6693entities know they will be held accountable for safety lapses and6694failures. Preserving and stimulating incentives for private investment6695in the latest safety-improving technologies and for deployment of these6696technologies for the benefit of the flying public and all Americans who6697rely on the safety and efficiency of our transportation systems is, in6698my view, the surest way to save lives.6699Question Title: ATC Privatization6700 Question 1. Given the significant role the FAA plays in regulating6701air traffic, ensuring safety standards, and overseeing airspace6702management, privatizing the agency could have profound implications for6703public safety and accessibility. The current model ensures that6704aviation policy and airspace management are in the hands of a6705government body with the sole mission of public safety, not profit.6706 With this in mind, can you provide a clear commitment to preserving6707the FAA as a public, government-run entity?6708 Answer. If confirmed, I will support the Secretary in working to6709improve and strengthen the FAA's air traffic control functions as well6710as its critical role as the Nation's aviation safety regulator. Any6711decision to privatize air traffic control could only be made by6712Congress through legislation, and any decision to propose such6713legislation on behalf of the Executive Branch would have to be made by6714the President. I am well aware that Congress has already considered and6715rejected proposals to privatize the FAA's air traffic control6716operations, including in connection with the recent FAA Reauthorization6717Act, and I would not expect to push the Secretary to recommend such6718legislation.67196720 Question 2. Will you actively work to ensure that privatization6721efforts will not be pursued under your leadership at the Department of6722Transportation?6723 Answer. Please see my answer to the preceding question.67246725 [all]