The Senate Commerce Committee holds a hearing for pending nominations and legislation.
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00:00Good morning. The Senate Committee on Commerce, Science, and Transportation will come to order.
00:04Today, we'll consider four nominations, eight bills, and over 250 Coast Guard promotions.
00:11Following up on last Wednesday's hearings, we'll consider the nominations of David Fink
00:17for Administrator of the Federal Railroad Administration, Robert Gleason for the Amtrak
00:22Board of Directors, David Fogel for Assistant Secretary of Commerce and Director General of
00:27the U.S. and Foreign Commercial Service, and Pierre Gentin for General Counsel of the Department
00:32of Commerce. A fifth-generation railroader, David Fink successfully led Pan Am Railways
00:39when it was the largest regional railroad in the country, maintaining lower employee injury and
00:45train accident rates than its average competitor. If confirmed as FRA Administrator, Mr. Fink will
00:52direct the agency to prioritize safety, its primary mission. He will champion safety-improving
01:00technologies and ensure that federal grants support rail safety projects. It's no surprise
01:06that shippers, short-line railroads, and passenger rail associations have all expressed support for
01:13his nomination. Robert Gleason, who has been nominated to the Amtrak Board, will ensure that
01:19taxpayer money is spent responsibly to improve passenger rail. His decades-long public service
01:26on transportation commissions in Pennsylvania has prepared him for the job. He has promised
01:32to improve Amtrak's transparency, a priority for members of this committee. The commerce nominees
01:39also merit support. With a background in trade promotion, including at the State Department and
01:45the Export-Import Bank, David Fogel is prepared to increase American exports as Director General
01:51of the U.S. and Foreign Commercial Service. He will help secure better trade deals, including
01:57by reducing non-tariff barriers like foreign regulations that led the U.S. to import $3
02:04billion in beef from Australia last year, while exporting none in return.
02:11And Pierre Gettin has built a distinguished career at the intersection of management and law,
02:16most recently serving as Chief Legal Officer at McKinsey. As General Counsel of the Department
02:23of Commerce, he will advise the legal authorities supporting the reallocation of Spectrum. Mr.
02:29Gettin reminded us at last week's hearing that, quote, there's no question the Spectrum reallocation
02:37statutes include, quote, very robust and strong protections for national security.
02:44As General Counsel, he'll, quote, focus on ensuring that those strictures are observed.
02:51Let's turn to today's legislation. First, we have bills to protect consumers and the public.
02:58The Household Goods Shipping Consumer Protection Act, introduced by Senators Fischer and Duckworth,
03:04cracks down on cargo theft and fraud by restoring the Federal Motor Carrier Safety
03:10Administration's civil penalty authority for commercial regulations. The Wipes Act,
03:16co-sponsored by Senator Markey, tries to prevent the problems that non-disposable wipes cause
03:22for wastewater facilities, such as blockages and equipment damage, by ensuring that they're
03:27properly labeled. The Combating Trafficking and Transportation Act, introduced by Senators
03:33Blackburn and Klobuchar, aims to raise greater awareness of human trafficking in transportation.
03:42The committee is also supporting scientific research. The Water Research Optimization Act
03:48reauthorizes the National Water Center, which serves as the nation's hub for water-related
03:54research, forecasting, and emergency response coordination. Senator Sullivan's North Pacific
04:01Research Board Enhancement Act supports marine research in Alaska's water. The Anchor Act requires
04:09the National Science Foundation to develop a plan to improve cybersecurity and telecommunications
04:15of the U.S. academic research fleet. And the National Landslide Preparedness Reauthorization
04:22Act of 2025, co-sponsored by Ranking Member Cantwell, authorizes appropriations to predict
04:29and mitigate landslides. Once again, the legislation and the nominees, who we are
04:35advancing today, deserve bipartisan support. I now turn to Ranking Member Cantwell.
04:40Thank you, Mr. Chairman. Our committee, as you mentioned, is considering four nominations,
04:45Coast Guard promotions, and eight bills that improve customer consumer protection,
04:50cybersecurity protections against human trafficking, fishing research in the North Pacific,
04:55supply chain disruptions, protection of wastewater infrastructure, river forecasting and modeling,
05:01and finally, the Landslide Mitigation Act. As with previous years, several bills are
05:08funds we consider and again today. Research Board from Senators Sullivan and Murkowski would
05:17alleviate current budget constraints for the North Pacific Research Board and add new
05:22board members. The action would allow the board to maintain administrative capacity and continue
05:26to do its work. The committee also is considering the Anchor Act from Senators Padilla and Sullivan,
05:32which would require the Director of National Science Foundation to improve the communications
05:35infrastructure and enhance cybersecurity security protections on our academic research fleet.
05:43And this is such an important issue as it relates to these important academic vessels. We also are
05:50considering the Water Research Optimization Act from Senators Britt and Welch, which would
05:55strengthen the National Weather Service water forecasting abilities and increase resiliency
06:01as we deal with flooding. The Household Goods Shipping Consumer Act from Senators Fischer and
06:06Duckworth, which help ensure that people and companies can trust their brokers and shippers.
06:13The Federal Motor Carrier Safety Administration's Enforcement Authority and puts protections in
06:18place against fraudulent actors posing as legitimate businesses. This bill also gives
06:24states the resources to assist with responding to cases where people's personal property is stolen.
06:30The Combating Trafficking and Transportation Act from Senators Blackburn and Klobuchar. We
06:35appreciate their work, which ensures that state DOTs are included in federal efforts to combat
06:40human trafficking. The NET Act, which has passed our committee in last Congress,
06:46passed our committee last Congress, sponsored by Senators Hickenlooper, Moran, Capito, and Peters,
06:51would require the FCC communication marketplace to evaluate the impact of supply chain disruptions
06:58and the timely completion and deployment of network infrastructure. And the Wipes Act that
07:04the Chairman mentioned by Senators Merkley, Collins, and Markey would require disposable
07:08wipe makers to sell and sellers to label their products as non-flushable. This National Association
07:14of Clean Water Agencies estimates that the additional $441 million of operating costs for U.S.
07:20water utilities from damage from these wipes. Finally, we are considering the National Landslide
07:26Preparedness Act reauthorization that is sponsored by myself and Senator Murkowski. This bill passed
07:32our committee last year and would reauthorize the National Landslide Preparedness Act and improve
07:37the National Landslide Hazard Reduction Program and the 3D Elevation Program through 2030. This
07:46bill would increase the amount of authorization to be appropriated for the program from $25 to $40
07:51million with the $15 million to be available for purchase and deployment of landslide early
07:55warning systems. This bill is incredibly important for predicting all types of landslides, including
08:01those caused by volcanic activity. Just this last week was the 45th anniversary of the Mount
08:08St. Helens eruption, which caused a massive landslide claiming 57 lives. And technology
08:14and forecasting have improved significantly since this incident. So I appreciate this being on the
08:20markup. I'd now like to turn to the nominees. David Fink, as a longtime president of Pan Am Railroads,
08:28he oversaw the railroad that had a higher mainline track derailment rate than its peers
08:35for almost every year, reaching more than nine times the class two average in 2021.
08:43On top of that, Pan Am has documented history of endangering and retaliating against railroad
08:48workers who report their injuries and concerns. So I oppose his nomination. I have serious concerns
08:54about him doubling down on a light touch approach.
08:59Next is Stephen Bradbury, nominated to be Deputy Secretary of Transportation.
09:04I believe we need leadership in this department, and I can't say enough about
09:12these are the exact concerns, sorry, that I raised with Mr. Bradbury during his nomination.
09:18Next, David Fogle, who is nominated to be Assistant Secretary of Commerce. I was disappointed to see
09:24his lack of support for important economic issues that are facing our families in the United States.
09:31Mr. Gleason, also, I oppose his nomination. I was disappointed to see that he would not object to
09:40the calls for privatization of Amtrak. And Mr. Genton seems to not recall at our hearings the
09:51important aspects of commitments that this committee has made while we're seeing alarming
09:57disruptions at the department. I think that Mr., as General Counsel, did not give me the confidence
10:04they're going to continue to uphold the actions that this committee has taken. With that, Mr.
10:08Chairman, we're ready to vote. I think we can do coast guard on the bills. We don't have enough
10:16Okay.
10:19So, I will now recognize Ranking Member Cantwell for a motion.
10:27I move P.N. 127 and P.N. 128, the Coast Guard promotion, be favorably reported.
10:33Is there a second? All those in favor say aye. All those opposed say no.
10:39The motion is agreed to and the nominations are ordered to be reported favorably.
10:45I recognize Ranking Member Cantwell for an additional motion.
10:55I move that S. 190, the North Pacific Research Enhancement Act, as amended by Sullivan,
11:00substitute as modified. The S. 318 Anchor Act, as amended by Sullivan, substitute as modified.
11:07S. 337, Household Goods Shipping Consumer Protection Act. S. 503, Net Act. S. 1092,
11:15Wipes Act, as amended by the Cruz, substitute as modified. S. 1442, Combating Trafficking and
11:22Transportation Act, as amended by the Blackburn, substitute. S. 1523, Water Research Organization
11:28Act of 2025, as amended by Senator Cruz, substitute. And S. 1626, National Landslide
11:35Preparedness Act Reauthorization Act of 2025, as amended by Cruz 1, be favorably reported.
11:42Is there a second? All those in favor say aye. All those opposed say no. The motion is agreed
11:49to and the bills are ordered to be reported favorably. Are there any members wishing to
11:55speak? And I would encourage you to speak right now because we're waiting for two additional
11:58bodies to vote the noms. Senator Fischer. Thank you, Mr. Chairman.
12:05Today, this committee unanimously advanced my bill, S. 337, the Household Goods Shipping
12:11Consumer Protection Act. I want to thank Senator Duckworth for helping lead this effort.
12:16Since 2021, there has been 1500% increase in cargo theft incidents, costing the industry
12:25$35 billion annually. S. 337 allows FEMSA, I'm sorry, the FMCSA, wrong committee,
12:34FMCSA to impose civil penalties against unauthorized brokers. Additionally, it would
12:40require companies in the household goods sector to establish a principal place of business to
12:47prohibit fraudulent companies from skirting existing regulations. This bipartisan, bicameral
12:54legislation will give the FMCSA the tools needed to protect consumers from fraud by scammers
13:01in the interstate transportation of household goods. Thank you, Mr. Chairman, and thank you
13:06to the committee members for advancing this bill. Mr. Chairman. Senator Blackburn. Thank you so
13:13much. I just want to say thank you for including the Combating Trafficking in Transportation Act
13:20and thank Senator Klobuchar for her work on this. What we know is that public awareness signage is
13:28vitally important when we are combating human trafficking and including the DOT and the state
13:36departments of transportation in this to make the signage available is something that at the state
13:44level has shown great results. In Texas, once they posted signage and the number to call in their
13:54welcome centers, what happened was a 30 percent increase in calls so that individuals could be
14:05rescued and they saw over 1,000 successful rescues. As we address this issue of human
14:14trafficking and sex trafficking, signage is important and I appreciate the committee's
14:20consideration. Thank you. Are there other members wishing to speak? All right. The committee then
14:28will stand in recess for a short time. We're expecting two other members shortly and then
14:33we'll have the votes to proceed, but the committee stands in recess.
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24:36The committee is back in session and I recognize Senator Budd for a motion.
24:42I move that P.N. 12-17 nomination of David Fink to be administrator of the Federal Railroad
24:48Administration be favorably reported. Is there a second? Mr. Chairman, if before the vote I could
24:56just mention that we are joined today by Misty Allison who is here from East Palestine. She's
25:04an example of the vigilance that it takes to continue to stay on top of these issues and we
25:09very much appreciate her being here and community speaking out continued safety issues. Thank you and
25:15we'd like a roll call vote. Sure and and welcome. The clerk will call the roll. Mr. Thune. Aye by
25:24proxy. Mr. Wicker. Aye. Mrs. Fisher. Aye. Mr. Moran. Aye. Mr. Sullivan. Aye. Mrs. Blackburn. Aye.
25:32Mr. Young. Aye. Mr. Budd. Aye. Mr. Schmidt. Aye. Mr. Curtis. Aye. Mr. Moreno. Aye. Mr. Sheehy. Aye.
25:40Mrs. Capito. Aye. Ms. Lomas. Aye. Ms. Cantwell. No. Ms. Klobuchar. No by proxy. Mr. Schatz. No by proxy.
25:50Mr. Markey. No by proxy. Mr. Peters. No by proxy. Ms. Baldwin. No by proxy. Ms. Duckworth. No by proxy.
25:57Ms. Rosen. No by proxy. Mr. Lujan. No by proxy. Mr. Hickenlooper. No by proxy. Mr. Fetterman.
26:05No by proxy. Mr. Kim. No by proxy. Ms. Blunt-Rochester. No by proxy. Mr. Cruz. Aye.
26:13The ayes are 15, the noes are 13. The motion is agreed to and the nomination is ordered to be
26:18reported favorably. I now recognize Senator Schmidt for a motion. Thank you Mr. Chairman. I move that
26:23PN 25-13 the nomination of David Fogle to be the Assistant Secretary of Commerce and Director
26:30General of the United States and Foreign Commercial Service be favorably reported. Is there a second?
26:37The clerk will call the roll. Mr. Thune. Aye by proxy. Mr. Wicker. Aye. Mrs. Fisher. Aye. Mr. Moran. Aye.
26:46Mr. Sullivan. Aye. Mrs. Blackburn. Aye. Mr. Young. Aye. Mr. Budd. Aye. Mr. Schmidt. Aye. Mr. Curtis. Aye.
26:55Mr. Moreno. Aye. Mr. Sheehy. Aye. Mrs. Capito. Aye. Ms. Lummis. Aye. Ms. Cantwell. No. Ms. Klobuchar. No by proxy.
27:05Mr. Schatz. No by proxy. Mr. Markey. No by proxy. Mr. Peters. No by proxy. Ms. Baldwin. No by proxy.
27:12Ms. Duckworth. No by proxy. Ms. Rosen. No by proxy. Mr. Lujan. No by proxy. Mr. Hickenlooper. No by proxy.
27:20Mr. Fetterman. No by proxy. Mr. Kim. No by proxy. Ms. Bonarchester. No by proxy. Mr. Cruz. Aye.
27:28The ayes are 15, the noes are 13. The motion is agreed to and the nomination is ordered to
27:33be reported favorably. I'll now recognize Senator Moran for a motion. Chairman Cruz, I move that PN 26-19
27:41nomination of Robert Gleason to be the director of the Amtrak Board of Directors be favorably
27:45reported. Is there a second? Second. The clerk will call the roll. Mr. Thune. Aye by proxy.
27:52Mr. Wicker. Aye. Mrs. Fisher. Aye. Mr. Moran. Aye. Mr. Sullivan. Aye. Mrs. Blackburn. Aye. Mr. Young. Aye.
28:01Mr. Budd. Aye. Mr. Schmidt. Aye. Mr. Curtis. Aye. Mr. Moreno. Aye. Mr. Sheehy. Aye. Mrs. Capito. Aye.
28:10Ms. Lummis. Aye. Ms. Canwell. No. Ms. Klobuchar. No by proxy. Mr. Schatz. No by proxy. Mr. Markey.
28:19No by proxy. Mr. Peters. No by proxy. Ms. Baldwin. No by proxy. Ms. Duckworth. No by proxy. Mr. Rosen.
28:28No by proxy. Mr. Lujan. No. Mr. Hickenlooper. No by proxy. Mr. Fetterman. Yes by proxy. Mr. Kim.
28:38No by proxy. Ms. Pontrockchester. No by proxy. Mr. Cruz. Aye. The ayes are 16, the noes are 12.
28:48The motion is agreed to and the nomination is ordered to be reported favorably.
28:52I now recognize Senator Fisher for a motion. Mr. Chairman, I move that P.N. 22-6 nomination of Pierre
28:59Genton to be general counsel of the Department of Commerce be favorably reported. Is there a second?
29:06Clerk will call the roll. Mr. Thune. Aye by proxy. Mr. Wicker. Aye. Mrs. Fisher. Aye. Mr. Moran. Aye.
29:16Mr. Sullivan. Aye. Mrs. Blackburn. Aye. Mr. Young. Aye. Mr. Budd. Aye. Mr. Schmidt. Aye. Mr. Curtis. Aye.
29:25Mr. Marino. Aye. Mr. Sheehy. Aye. Mrs. Capito. Aye. Ms. Lummis. Aye. Ms. Canwell. No. Ms. Klobuchar. No by
29:35proxy. Mr. Schatz. No by proxy. Mr. Markey. No by proxy. Mr. Peters. No by proxy. Ms. Baldwin. No by proxy.
29:44Ms. Duckworth. No by proxy. Ms. Rosen. No by proxy. Mr. Lujan. No. Mr. Hickenlooper. No by proxy.
29:51Mr. Fetterman. No by proxy. Mr. Kim. No by proxy. Ms. Pontrockchester. No by proxy. Mr. Cruz. Aye.
30:00The ayes are 15, the noes are 13. The motion is agreed to and the nomination is ordered to
30:05be reported favorably. I ask for unanimous consent that staff are authorized to make
30:10technical and conforming changes without objection so ordered and that concludes
30:15our markup for today. Thank you. The executive session is adjourned.