U.S. GOVERNMENT PUBLISHING OFFICE

30–209—PDF WASHINGTON : 2018

S. HRG. 115–245 

NOMINATIONS OF ERIC D. HARGAN, 

DAVID MALPASS, ANDREW K. MALONEY, 

AND BRENT JAMES McINTOSH 

HEARING 

BEFORE THE

COMMITTEE ON FINANCE 

UNITED STATES SENATE 

ONE HUNDRED FIFTEENTH CONGRESS 

FIRST SESSION 

ON THE

NOMINATIONS OF 

ERIC D. HARGAN, TO BE DEPUTY SECRETARY, DEPARTMENT OF 

HEALTH AND HUMAN SERVICES; DAVID MALPASS, TO BE UNDER SECRETARY FOR INTERNATIONAL AFFAIRS, DEPARTMENT OF THE TREASURY; ANDREW K. MALONEY, TO BE DEPUTY UNDER SECRETARY FOR 

LEGISLATIVE AFFAIRS, DEPARTMENT OF THE TREASURY; AND BRENT 

JAMES MCINTOSH, TO BE GENERAL COUNSEL, DEPARTMENT OF THE 

TREASURY 

JUNE 7, 2017 

( 

Printed for the use of the Committee on Finance 

COMMITTEE ON FINANCE 

ORRIN G. HATCH, Utah, Chairman 

CHUCK GRASSLEY, Iowa 

MIKE CRAPO, Idaho 

PAT ROBERTS, Kansas 

MICHAEL B. ENZI, Wyoming 

JOHN CORNYN, Texas 

JOHN THUNE, South Dakota 

RICHARD BURR, North Carolina 

JOHNNY ISAKSON, Georgia 

ROB PORTMAN, Ohio 

PATRICK J. TOOMEY, Pennsylvania 

DEAN HELLER, Nevada 

TIM SCOTT, South Carolina 

BILL CASSIDY, Louisiana 

RON WYDEN, Oregon 

DEBBIE STABENOW, Michigan 

MARIA CANTWELL, Washington 

BILL NELSON, Florida 

ROBERT MENENDEZ, New Jersey 

THOMAS R. CARPER, Delaware 

BENJAMIN L. CARDIN, Maryland 

SHERROD BROWN, Ohio 

MICHAEL F. BENNET, Colorado 

ROBERT P. CASEY, JR., Pennsylvania 

MARK R. WARNER, Virginia 

CLAIRE MCCASKILL, Missouri 

CHRIS CAMPBELL, Staff Director 

JOSHUA SHEINKMAN, Democratic Staff Director 

(II) 

(III) 

C O N T E N T S 

OPENING STATEMENTS 

Page 

Hatch, Hon. Orrin G., a U.S. Senator from Utah, chairman, Committee on 

Finance .................................................................................................................. 1 

Wyden, Hon. Ron, a U.S. Senator from Oregon .................................................... 2 

Portman, Hon. Rob, a U.S. Senator from Ohio ..................................................... 8 

WITNESS 

Thompson, Hon. Tommy, former Governor of Wisconsin, Madison, WI ............. 6 

ADMINISTRATION NOMINEES 

Hargan, Eric D., nominated to be Deputy Secretary, Department of Health 

and Human Services, Washington, DC .............................................................. 9 

Malpass, David, nominated to be Under Secretary for International Affairs, 

Department of the Treasury, Washington, DC .................................................. 11 

Maloney, Andrew K., nominated to be Deputy Under Secretary for Legislative 

Affairs, Department of the Treasury, Washington, DC .................................... 12 

McIntosh, Brent James, nominated to be General Counsel, Department of 

the Treasury, Washington, DC ........................................................................... 14 

ALPHABETICAL LISTING AND APPENDIX MATERIAL 

Casey, Robert P., Jr.: 

Letter from Senator Casey to Secretary Mnuchin, May 25, 2017 ................ 23 

Hargan, Eric D.: 

Testimony .......................................................................................................... 9 

Prepared statement .......................................................................................... 24 

Biographical information ................................................................................. 25 

Responses to questions from committee members ......................................... 30 

Hatch, Hon. Orrin G.: 

Opening statement ........................................................................................... 1 

Prepared statement .......................................................................................... 40 

Maloney, Andrew K.: 

Testimony .......................................................................................................... 12 

Prepared statement .......................................................................................... 41 

Biographical information ................................................................................. 42 

Responses to questions from committee members ......................................... 55 

Malpass, David: 

Testimony .......................................................................................................... 11 

Prepared statement .......................................................................................... 56 

Biographical information ................................................................................. 58 

Responses to questions from committee members ......................................... 67 

McIntosh, Brent James: 

Testimony .......................................................................................................... 14 

Prepared statement .......................................................................................... 74 

Biographical information ................................................................................. 75 

Responses to questions from committee members ......................................... 82 

Portman, Hon. Rob: .................................................................................................

Opening statement ........................................................................................... 8 

Thompson, Hon. Tommy: ........................................................................................

Testimony .......................................................................................................... 6 

Wyden, Hon. Ron: 

Opening statement ........................................................................................... 2 

Prepared statement .......................................................................................... 88 

(1) 

NOMINATIONS OF ERIC D. HARGAN, TO BE 

DEPUTY SECRETARY, DEPARTMENT OF 

HEALTH AND HUMAN SERVICES; DAVID 

MALPASS, TO BE UNDER SECRETARY FOR 

INTERNATIONAL AFFAIRS, DEPARTMENT OF 

THE TREASURY; ANDREW K. MALONEY, TO 

BE DEPUTY UNDER SECRETARY FOR 

LEGISLATIVE AFFAIRS, DEPARTMENT OF THE 

TREASURY; AND BRENT JAMES McINTOSH, 

TO BE GENERAL COUNSEL, 

DEPARTMENT OF THE TREASURY 

WEDNESDAY, JUNE 7, 2017 

U.S. SENATE, COMMITTEE ON FINANCE, Washington, DC. 

The hearing was convened, pursuant to notice, at 10:15 a.m., in 

room SD–215, Dirksen Senate Office Building, Hon. Orrin G. Hatch 

(chairman of the committee) presiding. 

Present: Senators Grassley, Crapo, Portman, Toomey, Heller, 

Cassidy, Wyden, Stabenow, Cantwell, Menendez, Bennet, Casey, 

and McCaskill. 

Also present: Republican Staff: Chris Campbell, Staff Director; 

Mark Prater, Deputy Staff Director and Chief Tax Counsel; Kimberly Brandt, Chief Health-care Investigative Counsel; and Nicholas Wyatt, Tax and Nominations Professional Staff Member. 

Democratic Staff: Joshua Sheinkman, Staff Director; Michael 

Evans, General Counsel; Peter Gartrell, Investigator; and Ian Nicholson, Investigator. 

OPENING STATEMENT OF HON. ORRIN G. HATCH, A U.S. 

SENATOR FROM UTAH, CHAIRMAN, COMMITTEE ON FINANCE 

The CHAIRMAN. The committee will come to order. 

I would like to welcome everyone to this morning’s hearing. 

Today we will consider the nominations of Eric Hargan to serve 

as Deputy Secretary of Health and Human Services; David Malpass to serve as Under Secretary for International Affairs of the 

Treasury; Andrew Maloney to serve in a position to be designated 

as Assistant Secretary for Legislative Affairs of the Treasury; and 

Brent McIntosh to serve as General Counsel for the Treasury. 

We welcome all of you to the Finance Committee. We appreciate 

your willingness to serve in these important positions. 

2 

Now before I get too far along, I want to thank all of my fellow 

Senators for their support and presence today. As we all know, the 

government is like a giant clock with many important pieces, gears, 

and cogs. Today we are taking an important step toward adding 

several more important pieces to keep that clock functioning as it 

should. 

It is also good to see that despite some frustrations over the past 

few months, we have been able to return to normal working order 

for processing nominees. As we all know, that process includes bipartisan input, comity, good faith, and a fair and robust vetting 

process. I would like to thank my colleagues, particularly Senator 

Wyden, for working to move this process along. 

Each of these nominees will have important roles in the administration, and we will talk more about the individual posts and our 

nominees’ excellent credentials and experience as the hearing goes 

on. 

Before we get to that, I want to be very clear about my expectations regarding responsiveness to congressional inquiries. Regardless of party affiliation, it is essential that the administration make 

it a top priority to respond to inquiries from members of Congress. 

Let me say this a bit differently to make sure I am clear. It does 

not matter who the President is, nor does it matter which member 

of Congress is making the request. When an inquiry is submitted 

to any administrative agency, we rightly expect to receive a timely 

and responsive answer in return. 

In the years that I have been the lead Republican on this committee, I have asked virtually all of our nominees to commit to 

being cooperative and responsive to congressional inquiries. I have 

full confidence in each of the nominees who are before us today. I 

do not have any reason to believe that they intend to stonewall 

members of Congress, but I will ask all of them to make a similar 

pledge to provide timely and responsive answers to questions coming from members of this committee. 

With that, I look forward to hearing from each of our nominees 

as they share their visions and views here today. I also look forward to what I hope will continue to be a full and fair committee 

process that allows us to process these nominations and report 

them to the full Senate in short order. 

I will now recognize Senator Wyden for his opening statement. 

[The prepared statement of Chairman Hatch appears in the appendix.] 

OPENING STATEMENT OF HON. RON WYDEN, 

A U.S. SENATOR FROM OREGON 

Senator WYDEN. Mr. Chairman, thank you. I want to begin by 

thanking you for your courtesy this morning, and on a regular 

basis. As you know, I am going back and forth between Intelligence 

and this committee. I very much appreciate this. 

The CHAIRMAN. Well, we are happy to work with you, Senator. 

You are a good partner. 

Senator WYDEN. We have four nominees. After I make my opening statement, the chairman has some questions for the nominees, 

and he and I will have a brief colloquy, and we will be on our way. 

3 

With the four nominees, I want to begin with Mr. Hargan’s nomination to be Health and Human Services Deputy Secretary. It is 

the second highest ranking position at the Department, effectively 

the chief operating officer, a huge job that encompasses a lot more 

than making sure the trains run on time. 

As an example, Mr. Hargan held this job on an acting basis during the Bush administration. If The Wall Street Journal is to be believed, Mr. Hargan used his position to block efforts by the Food 

and Drug Administration to increase food safety inspections. 

Today, with the Department pushing a radical agenda that 

would send the number of Americans without health coverage 

through the roof, endanger seniors who count on Medicaid for nursing home care, and slash programs that lay out basic living standards for working families, Mr. Hargan and each department nominee at Health and Human Services face serious questions about 

how they would approach their roles. 

Next, Mr. Malpass would lead the Office of International Affairs 

at Treasury. This is the job where you advance our leadership in 

the global economy. It is a tough one. 

Senior Trump officials regularly contradict each other on major 

economic policy questions. Then the President contradicts them. 

Is the administration for a strong dollar or a weak dollar? Nobody knows. Statements and actions on climate, on trade, and on 

NATO have alienated long-time allies and close economic partners, 

handing China greater power and influence. We need policies that 

give all Americans the chance to get ahead. 

Mr. McIntosh is nominated to be Treasury General Counsel. A 

key part of his portfolio would be, if confirmed, to guarantee that 

sanctions and rules on foreign investment are enforced and adhered to. 

In an administration rife with conflicts, with scandals—reportedly including undisclosed meetings with a Russian bank under 

sanction—the Treasury General Counsel has to be unflinching in 

their commitment to protect the public interest. 

Finally, I want to take a moment to address the issue of congressional oversight. It is closely relevant to the jobs Mr. McIntosh, as 

General Counsel, and Mr. Maloney, as Deputy Under Secretary for 

Legislative Affairs, are nominated to fill at the Treasury Department. 

Word has come from the Trump administration that the executive branch, essentially, has free reign to ignore the questions that 

come from Democrats conducting oversight. The White House 

Counsel’s Office is quoted as saying that the administration will 

only respond to the chairmen of congressional committees, and of 

course, the chairs are Republicans. So this is a stated policy of 

stonewalling Democratic lawmakers. 

I want to be clear on this. I believe this is a disgrace. I believe 

it is deeply undemocratic. Congressional members do not conduct 

oversight of the executive branch for sport. 

Our obligation to perform vigorous oversight is derived from the 

powers laid out in article 1 of the Constitution. We ask questions 

directly on behalf of the people we represent, and it is those people—not just us in Congress—the administration owes answers to. 

4 

Bottom line, this is not the behavior of a government that sees 

itself as answerable to the American people. 

Our committee, fortunately, has a bipartisan tradition of supporting the right of the minority to get responses from the administration regardless of party. One of the questions this committee 

poses to every executive branch nominee that comes before us is, 

‘‘Do you commit to provide a prompt response in writing to any 

questions addressed to you by any Senator of this committee?’’ I 

will repeat the last part: it is ‘‘any Senator of the committee,’’ not 

any Senator of the committee with an ‘‘R’’ next to their name. 

When nominees answer ‘‘yes,’’ we take them at their word. 

This is an issue near and dear to the Finance Committee. Senator Grassley has a track record of fighting as hard as anybody for 

transparency and responsiveness from the executive branch. And I 

would wager that every member on my side of the dais could rattle 

off examples of letters they have sent to the administration only to 

get nothing substantive in return. 

It is true that in the Trump administration, Treasury has not 

been the worst culprit in terms of stonewalling oversight. If confirmed, Mr. McIntosh and Mr. Maloney will have a direct hand in 

working with Congress on these issues. Very shortly they will get 

that same question asked of every nominee who sits before this 

dais. 

So it is my expectation that Mr. McIntosh and Mr. Maloney will 

help guarantee that the Department responds to the inquiries of all 

of the committee’s members, not just those of the President’s party. 

Mr. Chairman, I know we have a colloquy after you have some 

obligatory matters that you have to take care of. 

The CHAIRMAN. Well, thank you, Senator. 

[The prepared statement of Senator Wyden appears in the appendix.] 

The CHAIRMAN. I have some obligatory questions I am going to 

ask all the nominees. First, is there anything you are aware of in 

your background that might represent a conflict of interest with 

the duties of the office to which you have been nominated? 

Mr. HARGAN. No, sir. 

Mr. MALPASS. No, sir. 

Mr. MALONEY. No, sir. 

Mr. MCINTOSH. No, Mr. Chairman. 

The CHAIRMAN. Okay. 

Do you know of any reason, personal or otherwise, that would in 

any way prevent you from fully and honorably discharging the responsibilities of the office to which you have been nominated? 

Mr. HARGAN. No, Mr. Chairman. 

Mr. MALPASS. No, sir. 

Mr. MALONEY. No, sir. 

Mr. MCINTOSH. No, Mr. Chairman. 

The CHAIRMAN. Thank you. 

Do you agree without reservation to respond to any reasonable 

summons to appear and testify before any duly constituted committee of the Congress if you are confirmed? 

Mr. HARGAN. I agree, Mr. Chairman. 

Mr. MALPASS. I do. 

Mr. MALONEY. I agree. 

5 

Mr. MCINTOSH. I agree. 

The CHAIRMAN. Finally, do you commit to provide a prompt response in writing to any questions addressed to you by any Senator 

of this committee? 

Mr. HARGAN. I do, Mr. Chairman. 

Mr. MALPASS. I agree. 

Mr. MALONEY. Yes, Mr. Chairman. 

Mr. MCINTOSH. I agree. 

The CHAIRMAN. Yes. 

Senator WYDEN. Did all four get to answer? 

The CHAIRMAN. They have all answered in the affirmative of our 

questions. 

Senator WYDEN. Mr. Chairman, if I might just have a brief colloquy—and it follows up on what I touched on in my opening statement. 

I want to thank you, Mr. Chairman, for asking those questions, 

as we both feel it has been a bipartisan tradition in the Finance 

Committee for the chairman to ask those four questions to every 

nominee, regardless of which party holds the Senate majority, and 

regardless who is President. 

In particular, I want to emphasize the fourth question. We ask 

each nominee to assure us that he or she will provide a prompt response in writing to any questions addressed to them by any Senator of the committee. I emphasize the word ‘‘any’’ to remind our 

nominees the chairman and I expect nominees confirmed by this 

committee to provide prompt responses to questions from any member of the committee, Republican or Democrat. 

The CHAIRMAN. Well, thank you, Senator. I want to thank the 

ranking member. I agree with him on this. When I was the ranking 

member of this committee, the chairman, whether it was Senator 

Baucus or Senator Wyden, insisted that nominees agree to respond 

to questions asked by any member of this committee. I have taken 

the same position, and I will continue to do so. 

Senator GRASSLEY. Mr. Chairman, can I give my comment on 

that? 

The CHAIRMAN. Yes, sir. 

Senator WYDEN. And, Senator Grassley, if I could just respond 

very quickly to Chairman Hatch—and I know that you have been 

tenacious in working with both sides of the aisle on this, and I appreciate it. I am just running off to Intelligence. 

I want everybody to understand that what both Chairman Hatch 

and I have said this morning is that we are insisting that nominees 

agree to respond to questions asked by any member of this committee. As Chairman Hatch noted, this has been a really strong 

tradition of our committee. 

It goes back to Max Baucus and Chairman Grassley, and I just 

appreciate the chairman saying that he shares my view, that we 

are going to insist that nominees agree to respond to questions 

asked by—and underline it—any member of this committee. 

Senator Grassley, excuse my bad manners for having to run out. 

I am in the Intelligence Committee right now, but I appreciate both 

Chairman Hatch and you, because both of you have made a strong 

commitment to this over the years. 

The CHAIRMAN. I thank you, Senator. 

6 

Senator Grassley? 

Senator GRASSLEY. Well, as Senator Wyden was bringing up, I 

think part of this has been emphasized by something that the new 

administration made a decision to do. I just testified before the 

House Oversight Committee, where the issue was brought up by 

both Republicans and Democrats, and the Republican chairman responded very positively to the Democratic ranking member of the 

Oversight Committee about the necessity of any member of Congress, whether it is Republican or Democrat, having their oversight 

questions be answered as a constitutional responsibility of anybody 

in the executive branch of government as we do our constitutional 

responsibility. 

I am going to be sending a letter to the White House expressing 

my view as former chairman of this committee, as chairman of the 

Judiciary Committee, that whether you are Republican or Democrat, there is a 1979 court decision that makes it very clear that 

any member of Congress, not just the chairman, should have their 

requests answered, their questions answered, whatever the case 

might be. 

The CHAIRMAN. Well, thank you, Senator. 

Senator, I will turn to you for questions first. I will hold my 

questions until later. 

Let me just say, as I noted briefly in my opening remarks, today 

we have these four nominations under consideration by the committee. We are going to hear from each of the nominees today, in 

the order they are introduced. 

First, let me welcome Governor Tommy Thompson, one of the 

people I really most respect, whom I have had a lot of experience 

with over the years. He was just a terrific Governor—the longestserving Governor in Wisconsin’s history. Governor Thompson will 

be introducing Eric D. Hargan. 

Governor Thompson, the floor will be yours. We will go to you 

first. 

STATEMENT OF HON. TOMMY THOMPSON, 

FORMER GOVERNOR OF WISCONSIN, MADISON, WI 

Governor THOMPSON. Thank you very much, Chairman Hatch, 

Senator Wyden. Members of this very distinguished committee, 

thank you very much. 

It is an honor and privilege for me to return to this distinguished 

committee to introduce a friend and outstanding individual, Eric 

Hargan, someone whom I was privileged to have worked with when 

I was Secretary of Health and Human Services. 

Eric has been nominated to serve as a Deputy Secretary of 

Health and Human Services. I am confident that there is no one 

more qualified, and he will serve with honor and great ability. 

Eric has outstanding academic credentials, including a degree 

from Harvard University—almost as good as the University of Wisconsin—and has had an incredible career. It is not well-known, but 

Eric can speak Mandarin Chinese. It gives you a sense of his impressive intellectual capabilities. 

But what most impresses me about Eric is where he came from. 

In many ways Eric’s story parallels my own story. 

7 

Eric grew up in Mounds, IL. I grew up in Elroy, WI. Both are 

small towns of under 1,500 individuals in rural America. They are 

towns under stress. Both had more people living there 10 years ago 

than they do today, but they are places of wonderful communities. 

They are the kind of places where you can dial the wrong number 

and still end up talking for an hour. 

Eric’s dad was a union steward, Commissioner on the county as 

my father was, and lived and owned land in the community. Eric 

grew up on a gravel road. He did chores early in the morning, and 

much of the food that his family ate came from their own land. 

Eric was taught early about the value of hard work and dedication. Like me, Eric still owns the family homestead. He remembers 

his values, where he came from. 

Eric has led a distinguished career, both in public service and in 

private practice. I had the privilege and pleasure of working with 

Eric at the Department during my time as Secretary. Eric served 

first as my Deputy General Counsel, managing a team of over 400 

attorneys on a wide range of important matters. He went on to 

serve as Principal Associate, Deputy Secretary, and later on became the Acting Deputy Secretary, successfully overseeing all operations within the Department. 

I like to think of the Deputy Secretary, as Senator Wyden said, 

as the Department’s chief operating officer. It is a position that 

keeps the trains running on time and makes sure the important 

public health programs of that great department are being run effectively and efficiently. 

It is a challenging job, but Eric did not start in life on a paved 

road, and I know he has the hard work, the dedication, and the intellectual capabilities to do the job well and in the best interest of 

the American people. 

In short, I strongly recommend the confirmation of Eric Hargan 

to serve as Deputy Secretary of Health and Human Services without any hesitation, and with a high degree of confidence. I want to 

thank this committee for giving me the opportunity to appear in 

front of you and to absolutely encourage you to support Eric 

Hargan. 

The CHAIRMAN. Thank you, Governor. 

Eric, that is a pretty strong statement there. I think it is a real 

tribute to you. 

I want to thank the Governor for showing up here. 

Next on our list is David Malpass. Mr. Malpass is an American 

economist who works for Encima Global, an economic research firm 

he founded in 2008. 

Recently, Mr. Malpass also served as an economic advisor to 

President Trump, during the 2016 presidential election. He has 

previously served as Deputy Assistant Treasury Secretary under 

President Ronald Reagan, Deputy Assistant Secretary of State 

under George H.W. Bush, and also worked as a chief economist for 

Bear Stearns. Prior to all of that, Mr. Malpass worked in Portland, 

OR as a CPA with Arthur Andersen System Consulting Group. 

Mr. Malpass holds a BA in physics from Colorado College and an 

MBA from the University of Denver. He also studied International 

Economics at Georgetown University School of Foreign Service. 

8 

Third, we will hear from Andrew K. Maloney. Mr. Maloney has 

over 25 years of various government experience, including most recently as the vice president of global and external affairs for the 

Hess Corporation. Mr. Maloney also has served as CEO of Olgivy 

Government Relations, a prominent bipartisan government affairs 

firm. He has also served as a senior advisor to several presidential 

campaigns and counseled on presidential legislative transition efforts. 

Mr. Maloney’s experience on the Hill includes senior positions in 

the House, including working for members of the House leadership. 

Mr. Maloney received his BA from Randolph-Macon College and 

his JD from the Catholic University’s Columbia School of Law. 

Last but not least, we will hear from Brent McIntosh, who will 

be introduced by Senator Portman. 

Senator Portman, please take it away. We will turn to you to introduce Brent McIntosh. 

OPENING STATEMENT OF HON. ROB PORTMAN, 

A U.S. SENATOR FROM OHIO 

Senator PORTMAN. Mr. Chairman, thank you very much. 

I am honored to have the opportunity to introduce Brent 

McIntosh, who is a good friend and a former colleague who has 

been nominated to serve as General Counsel at the Treasury Department. As was indicated by the ranking member earlier, this is 

an incredibly important job. 

I also want to mention briefly, if I could, that I am delighted that 

David Malpass is willing to step up and serve again. He has provided good economic advice to me and many colleagues over the 

years, and I appreciate his service going back to the Reagan administration. 

With regard to Mr. McIntosh, however, let me just say briefly, 

I have known him for a long time. He served as Deputy Assistant 

Attorney General when I was U.S. Trade Representative in the 

George W. Bush administration. When I moved to OMB, the Office 

of Management and Budget, he served as the Associate Counsel to 

the President, as Deputy Assistant to the President, and as Deputy 

Staff Secretary. 

Mr. Chairman, as you know, I am a former Associate White 

House Counsel myself, and I served with a very distinguished lawyer by the name of Brent Hatch, your son. And as Brent will tell 

you, the jobs that this Brent has had are very tough jobs. He not 

only performed them well—and it is easy in those jobs to get people 

upset with you from time to time because of the advice you have 

to give—but he gained the respect of people across the board. 

In his time at the White House and at the Justice Department, 

I saw him rise through the ranks because people believed in his 

honesty, his intelligence, and his integrity. He was a professional, 

and I am really delighted that he is willing to step up and serve 

again. 

After his service in the Bush administration, he returned to private practice at the prestigious firm Sullivan and Cromwell, now 

head of their cybersecurity practice—a specialty, actually, which 

will be really important for the Treasury Department at this time 

as we deal with the growing threat of cyber-attacks. 

9 

So I think that Brent McIntosh’s diverse experience as a law 

clerk for two Federal Appeals Court judges, as an attorney in three 

different roles in the Bush administration, and as an attorney in 

private practice—a successful one—make him exactly the kind of 

candidate we ought to be promoting. I am very delighted to be here 

today to support his nomination, and I urge my colleagues to do the 

same. 

I thank you, Mr. Chairman, for giving me the opportunity to say 

a few words about Mr. McIntosh. 

The CHAIRMAN. Well, thank you, Senator. Those words are very, 

very influential with all of us, I am sure. 

That concludes the introductions for the four nominees as far as 

I can see. Because there are four nominees, I would ask that each 

of you limit your opening statements to no longer than 5 minutes 

each. 

We will start with you, Mr. Hargan. Please proceed if you will. 

STATEMENT OF ERIC D. HARGAN, NOMINATED TO BE DEPUTY 

SECRETARY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, WASHINGTON, DC 

Mr. HARGAN. Well, thank you, Mr. Chairman. 

I would like to start by acknowledging some of the members of 

my family who have joined me here today: my wife Emily, my sons 

Thomas and Joe, and my sister Jody, who has come in from Paducah, KY. So thank you all for being here with me today. 

I would also like to thank Governor Thompson for that warm introduction, and also thank all of the many dedicated public servants who have loaned their talents to such great effect at HHS over 

the years, such as Secretary Leavitt and Deputy Secretary Azar 

during my previous time at HHS. I learned a lot from Governor 

Thompson, Secretary Leavitt, and Deputy Secretary Azar. 

Thank you also, Chairman Hatch, and all of the members of the 

committee, many of whom I have already visited during this process. It has been a tremendous honor to meet with all of you, and 

I look forward, if I have the privilege to receive the approval of the 

Senate, to meet with and work with all of you on the future challenges and opportunities at HHS. 

Now I think it would be informative for me to give you some of 

my personal background over and above what Governor Thompson 

gave you. I am currently an attorney, most recently with a law firm 

in its Chicago office, specializing in health-care law. Before returning to the private practice of law, I served at HHS under the 

George W. Bush administration as Deputy General Counsel, then 

as Chief of Staff to the Deputy Secretary, and finally as Acting 

Deputy Secretary. 

My time at HHS serving in the position of Deputy Secretary has 

provided me with valuable experience that would help inform my 

work in the same role in this administration. I believe that my 

years at HHS will help me with understanding the Department 

and helping it fulfill the unique role the Department plays in ensuring that the many programs that you in Congress have committed to it are carried out well and faithfully, for the benefit of 

the millions of Americans who rely on them. 

10 

And I understand this role, coming from my own personal background. Although I live in Chicagoland now, I am originally from 

deep southern Illinois, from a farm near a small town called 

Mounds, population 810 or so, now I believe. My father worked at 

a local DOE plant as a technician, and my mother was an X-ray 

tech. My father was also a Korean War veteran, having served as 

a sergeant in the Air Force as a mechanic. He was also, on and 

off—as Governor Thompson noted—a local politician, county commissioner, Pulaski County, VFW commander in Mounds, and he 

also served as a union shop steward at the local plant. 

My mother, originally from a small Finnish community near Duluth, MN, worked at our local health-care facility for 58 years prior 

to passing away a few years ago. I say ‘‘health-care facility’’ advisedly because she started at what was then St. Mary’s Hospital 

in Cairo, IL. But this hospital underwent the same evolution that 

has happened to so many small-town hospitals throughout the 

country, as rural areas and their health-care systems have suffered 

so much in the past decades. St. Mary’s, as is the unfortunate case 

with so many rural hospitals, is no longer around, although the 

good local people still continue to provide care to our community. 

After leaving high school, I attended Harvard College, then Columbia Law School, followed by years of private practice. And all 

along, I have tried to carry on the family tradition of public service, 

not only by joining President Bush’s HHS, but serving as Governor 

Rauner’s co-chair for his health care and human services transition 

in Illinois in 2014 and 2015, then working with the State of Illinois 

in its State Health Improvement Planning Council and the State 

Innovation Model Workgroup. 

So, between my father’s example of public service and my mother’s longtime work at our local hospital, in some ways combining 

public service and health care seems like fate to me. I am proud 

President Trump has shown confidence in me to nominate me to 

return to my former position at HHS. 

And in Secretary Price, I see a leader with an ideal background, 

a physician with experience as a provider in HHS’s programs, as 

well as having been a leading legislator on Capitol Hill. I am hopeful that my experience as an attorney and administrator will serve 

as a good complement to him and enable us and the Department 

to achieve our mission on behalf of the American people. 

People have asked me, why go back in? But I cannot imagine, if 

given the opportunity by you, that I could turn away. The challenges are so great, whether in public health, in health-care finance, in fostering innovation in health care, and in the administration of human services, that I cannot imagine not wanting to 

participate and to lend to the government both my past experience 

at HHS as well as the fruit of my years of work in the health-care 

sector since then to help as much as I can. 

At HHS, I found in my previous tenure a congenial group of public servants—who are dedicated to fulfilling their given tasks. 

There is a level of patriotism and good attitude that I think many 

outside would find surprising, given the level of rhetoric we often 

see. Certainly, in a reversal of many people’s experiences, I walked 

out of a place of employment, HHS, less cynical than I went in. I 

believe that there is a lot we can do. We cannot solve everything 

11 

at once, but we can, I believe, make a real and lasting difference 

in Americans’ lives and health. That, in itself, will be a worthy 

goal. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you. 

[The prepared statement of Mr. Hargan appears in the appendix.] 

The CHAIRMAN. Mr. Malpass, we will turn to you. 

STATEMENT OF DAVID MALPASS, NOMINATED TO BE UNDER 

SECRETARY FOR INTERNATIONAL AFFAIRS, DEPARTMENT 

OF THE TREASURY, WASHINGTON, DC 

Mr. MALPASS. Chairman Hatch, Ranking Member Wyden, and 

distinguished members of the Finance Committee, thank you for 

the opportunity to appear before you today and for your consideration of my nomination to be Under Secretary of Treasury for 

International Affairs. I am deeply honored by the President’s decision to nominate me, and I have very much appreciated meeting 

with many members of the committee and your staff this spring. 

Before discussing my own background, I would like to introduce 

my family and thank my wonderful wife, Adele, and our four children, Robert, Emily, Julia, and Peter. Robert and Julia are here beside me; my wife Adele is behind. They have shown wonderful support. My wife, Adele, is a former Budget Committee staffer and 

someone who cares deeply about pursuing policies that promote 

prosperity for all Americans. I am particularly grateful for her hard 

work and support over the last year and her unwavering commitment to our Nation. Thank you. 

Adele and I especially miss our parents on this occasion. They 

were keenly interested in public policy and would have been very 

proud to be here. Both our fathers died last year. They were intensely patriotic. They served in the army in World War II and 

chose to be buried with military honors. Adele’s mother died earlier, and my mother was not able to travel from Colorado today, 

but I can feel their encouragement today as the Nation faces major 

challenges. 

While the position to which I have been nominated primarily relates to international issues, my meetings with many of you focused on the local impact on your constituents. I listened to the variety and depth of your interests and concerns, and it was a particular pleasure to meet with Senators from States where I have 

strong personal ties, namely Oregon, Colorado, Georgia, and Louisiana. If confirmed, I look forward to working with you on a wide 

range of international issues, knowing they will have significant 

impacts on citizens of every State. 

The Under Secretary for International Affairs is responsible for 

directing U.S. financial and economic relations with foreign countries and managing our roles in multilateral financial institutions 

such as the IMF and World Bank. The position also involves supervising those charged with running the CFIUS process, coordinating 

global financial regulatory standards, negotiating agreements affecting the U.S. financial sector, providing technical assistance to 

foreign financial systems, and protecting the trustworthiness of the 

U.S. dollar. 

12 

I am ready and eager to take on these important responsibilities 

and believe my upbringing, education, and 40-year career spanning 

government, finance, and economics have provided me with a solid 

foundation. 

I was raised in East Jordan, MI, a small town in northern Michigan. My great grandfather started an iron foundry there in 1883 

that was expanded by my grandfather, my father, and the cousins 

I grew up with. The East Jordan Iron Works, now called EJ Co., 

is a fifth-generation foundry which still prides itself on productivity, hard work, good-paying jobs, and strong communities. 

After earning a degree in physics, I then worked as a contract 

administrator at Esco Corporation, a steel foundry in Portland, OR. 

We made high-alloy steel used in digging equipment, nuclear castings, and pulp mills. Both companies are emblematic of the challenges and opportunities that will continue to face our economy in 

the coming decades: they battle foreign competition yet have prospered through innovation, flexibility, talented leadership, and 

strong, skilled workers. 

During the Reagan and first Bush presidencies, I worked on economic and international affairs at the Treasury and State Departments and served on the staff of the Senate Budget Committee and 

the Joint Economic Committee. I had the privilege of working for 

Secretary James Baker and for Senators Pete Domenici and Bill 

Roth on many of the economic issues of the 1980s and early 1990s. 

After completing my government service, I moved to New York 

to work for Bear Stearns on macroeconomic analysis, later becoming chief economist. I subsequently started my own firm, Encima 

Global, which produced research on monetary and fiscal policy, 

markets, and currencies. I have written extensively for Forbes, The 

Wall Street Journal, and other national publications on growth, 

ways to improve spending and tax policies, the Federal Reserve, 

and currency stability as a core path to higher living standards. 

Thus, the theme of my upbringing, career, and publications is 

that policies have a big impact on growth, jobs, and wages, and 

that a key goal of fiscal and monetary policy development is to create higher living standards for working and middle-income citizens 

in the United States and around the world. 

If confirmed, I will endeavor to fulfill my duties by working closely with this committee and others in the Senate and House. 

Thank you again for the opportunity to appear before you today. 

I would be happy to answer any questions. 

The CHAIRMAN. Thank you. 

[The prepared statement of Mr. Malpass appears in the appendix.] 

The CHAIRMAN. Mr. Maloney? 

STATEMENT OF ANDREW K. MALONEY, NOMINATED TO BE 

DEPUTY UNDER SECRETARY FOR LEGISLATIVE AFFAIRS, 

DEPARTMENT OF THE TREASURY, WASHINGTON, DC 

Mr. MALONEY. Chairman Hatch, Ranking Member Wyden, and 

distinguished members of the Senate Finance Committee, it is an 

honor to appear before you today. I am humbled to have been recommended by the Treasury Secretary, Steven Mnuchin, and nominated by the President of the United States to serve as Assistant 

13 

Secretary for Legislative Affairs at the Treasury Department. I 

have a deep respect for the history of the Department and fully appreciate the footsteps that I must follow in to uphold the traditions 

and mission of this position. 

I would like to take a moment to thank my family who are here 

today: first, my wife, Dr. Sabra Klein, who is an accomplished professor at Johns Hopkins University; our two children, Madeline 

and Stella; my father, a former Marine, Kerry Maloney, and my 

mother, Geri Maloney, whose first job was as a staffer to Congressman Sonny Montgomery on the Hill, here; my father-in-law, Colonel Peter Klein; and also my sister, Elise Kowalski, her husband, 

Ben, and their two children, Sam and Oliver. 

I would also like to thank all of the members and staff whom I 

have been able to visit with over the past couple of weeks. I enjoyed meeting with you and hearing your perspective. If confirmed, 

I look forward to continuing the dialogue that we have started, and 

my door will always be open. 

I grew up on a small farm in Rockingham County, VA. We raised 

poultry, sheep, and some beef cows. I was active in 4–H and the 

Future Farmers of America. Since my mother worked on Capitol 

Hill and my uncle was convention coordinator to Hubert Humphrey’s presidential campaign, politics was always a discussion at 

our dinner table. I caught the bug early in life and wanted to work 

in government. 

My first opportunity to work on Capitol Hill was a college internship, working in the press office of Virginia Senator John Warner. 

My job was to look through hard copies of local newspapers for articles where he was mentioned, cut each article out, tape it on another piece of paper, photocopy and distribute it as part of the 

press clippings. I might add that the Internet has replaced that 

role. 

Upon completing college, I worked as a legislative aide in the 

Virginia General Assembly, gaining a firsthand view of how States 

must address budget and economic concerns. Upon completion of 

the General Assembly, I returned to Washington, DC to pursue law 

school and work on Capitol Hill. I was able to spend a summer 

working for Hon. Laurence J. Whalen at the U.S. Tax Court. Following law school, I was very fortunate to spend 5 years working 

in the House of Representatives. I oversaw and managed legislative 

and State staff, reinforcing the importance of responding to the 

needs of constituents. I worked on a range of issues that included 

energy, financial services, tax, trade, appropriations, and transportation. I also served in House leadership and keenly understand 

the legislative dynamic between leadership and the committees and 

the need to work with colleagues in a bipartisan manner. 

I left Capitol Hill in 2002 to join a government affairs firm. During my tenure at the firm, I was asked to become the chief executive officer. In addition to providing strategic counsel to the firm 

clients, I was responsible for managing the day-to-day business of 

the company, coordinating with our parent company, and handling 

marketing and staffing decisions. 

I was very proud to have helped build one of the most successful 

bipartisan firms. After leaving the firm, I joined an American energy company, where I created an integrated global external affairs 

14 

function, focusing on the intersection of public policy, public affairs, 

and economic conditions. 

As you know, the Treasury Department helps preserve and promote financial stability and security here in the U.S. and around 

the world. The Department has one of the most important functions in our government and is the premier financial institution in 

the world. I fully understand the enormity of the role of the Office 

of Legislative Affairs and the importance of the relationship this office has with Congress. 

If confirmed, I commit to being responsive to you and your staff. 

I will strive to ensure your views are communicated within the Department and pledge to maintain an open line of communication 

between the Department and Congress. 

Again, I would like to thank Chairman Hatch, the ranking member, the Senators, and the staff for your consideration. I look forward to responding to any questions that you may have. 

The CHAIRMAN. Well, thank you so much. 

[The prepared statement of Mr. Maloney appears in the appendix.] 

The CHAIRMAN. Mr. McIntosh, we will turn to you. 

STATEMENT OF BRENT JAMES MCINTOSH, NOMINATED TO BE 

GENERAL COUNSEL, DEPARTMENT OF THE TREASURY, 

WASHINGTON, DC 

Mr. MCINTOSH. Chairman Hatch, Ranking Member Wyden, 

members of the committee, thank you for the opportunity to appear 

before you today. I also thank Senator Portman for that generous 

introduction. 

I am honored to be the President’s nominee to be General Counsel for the Department of the Treasury, and I am grateful to the 

Secretary for his confidence in recommending me for the position. 

I would like to take a moment to introduce the members of my 

family who are here today, starting with my wonderful wife Laura, 

without whom there is no chance I would be here; my three terrific 

kids: Mia, age 13; Rhys, age 10; and Ethan, age 7—whom I would 

note had essentially memorized the musical ‘‘Hamilton’’ before becoming aware that I was in consideration for a position at the 

Treasury—my parents, Carl and Shirley McIntosh, who have driven in from Williamston, MI for this hearing, and who have been 

represented ably by Senator Stabenow since she was an Ingham 

County commissioner in the 1970s. And I would acknowledge the 

absence of my sister, Beth Eiler, who wanted to be here today but 

is administering 8th grade science exams at Sexton High School in 

Lansing, MI. 

Since being nominated, I have had the opportunity to meet with 

several of you and your staffs, and I appreciate the courtesies you 

afforded me in hosting those meetings. From my prior Federal 

service, I am acutely aware of the need for a close working relationship with the Congress, and I look forward to working with you 

and your staffs to foster such a relationship, should I be confirmed. 

The challenges that the Treasury confronts, and the responsibilities of its chief legal officer in helping to navigate them, are 

daunting in both breadth and complexity. In the past 2 decades, I 

have twice watched the Treasury—including in particular the GenVerDate Sep 11 2014 20:33 May 30, 2018 Jkt 000000 PO 00000 Frm 00018 Fmt 6633 Sfmt 6633 R:\DOCS\30209.000 TIM
15 

eral Counsel’s office—grapple with pressing, emergent issues of 

grave global consequence. Having been in Manhattan’s financial 

district on September 11, 2001, I saw with my own eyes the horrors 

that terrorism wreaked that day. 

In the years following, I watched with deep gratitude the heroic 

work of Treasury personnel to bring to bear powerful financial tools 

to thwart those who would do us harm. And while serving on the 

White House staff from 2006 to 2009, I watched the tireless work 

of Treasury personnel to address urgent issues in the American 

economy. 

In both cases, the Treasury’s dedicated, experienced, and immensely talented legal staff was central to the Department’s efforts. It has long been apparent to me that it would be the honor 

of a lifetime to work among and lead that staff. 

One prior Treasury General Counsel said at his confirmation 

hearing that ‘‘the legal issues facing the Treasury today are among 

the most critical in government.’’ That statement has often been 

true, and I believe it is true today. Treasury has a crucial role to 

play in safeguarding the dynamism of the U.S. economy, in ensuring a fair and efficient tax system, in advancing this Nation’s interests in the international arena in the world, and in bolstering our 

national security. 

I pledge that if confirmed, I will bring to my share of these tasks 

a commitment to rigorous legal analysis, zeal in the pursuit of the 

interests of the American people, and steadfast dedication to upholding the rule of law. I would strive to bring an unstinting devotion to duty inspired by the work ethic of my parents, both raised 

on farms in the thumb of Michigan. I would be guided at all times 

by the obligation of fidelity to the Constitution. And I would keep 

ever in mind the fundamental truth, articulated by a mentor of 

mine, that the demands of honor have special application to government service. 

Thank you for the opportunity to appear today. I look forward to 

your questions. 

The CHAIRMAN. Well, thank you so much. 

[The prepared statement of Mr. McIntosh appears in the appendix.] 

The CHAIRMAN. All four of you are just excellent, as far as I am 

concerned. 

I am going to defer my questioning to Senator Grassley, let him 

go first, and then we will go to our Senator from Pennsylvania. 

Senator Grassley? 

Senator GRASSLEY. Mr. Chairman, I thank you for doing that. 

Congratulations to all of you for your important positions. I hope 

I can get one question to each of you. If I cannot, I will submit 

what I do not ask for answer in writing. 

I am going to start with Mr. McIntosh. As you may be aware, I 

have long been an advocate for whistleblowers. In 2006, I was successful in enacting legislation to enhance the IRS whistleblower 

program. 

That program has been one of the most effective programs in ad- dressing tax evasion, leading to the recovery of more than $3.4 billion in taxes that otherwise the IRS would have never known 

about, except for whistleblowers reporting it. 

16 

However, there have been concerns that some within Treasury 

and also some within IRS have resisted the whistleblower program 

and may be undermining its effectiveness. One concern is that 

Treasury and IRS have narrowly interpreted the whistleblower law 

to the detriment of whistleblowers in several instances. 

Example: the IRS has interpreted the term ‘‘collective proceeds,’’ 

which is the base for determining the amount of an award, to exclude criminal penalties and certain other proceeds, such as penalties assessed for undisclosed foreign bank accounts. 

My question is, should you be confirmed as General Counsel for 

the Treasury, could I count on you to be supportive of the whistleblower program and work to ensure its success? Would you be willing to review Treasury and IRS interpretation of the whistleblower 

law, including the present interpretation of ‘‘collective proceeds’’? 

My question comes from just the common-sense approach that 

this $3.4 billion would not have been collected if somebody had not 

come forth and told about it. 

Mr. MCINTOSH. Senator Grassley, thank you for that question. I 

have long admired your leadership on whistleblower issues. I will 

commit to do the things that you have asked me to do. 

Senator GRASSLEY. Thank you. That is all I can ask at this point, 

and I will try to keep in touch with you. 

I now go to Mr. Hargan. In your testimony, you mentioned your 

mother’s work at St. Mary’s Hospital in Cairo, IL. You said that 

the hospital is no longer around. 

You have hit upon an issue that is very important to me: the survival of rural hospitals. Along with Senators Klobuchar and Gardner, so it is a bipartisan bill—we call it the Rural Emergency Acute 

Care Hospital, and that is REACH, R-E-A-C-H, for short. The bill 

was introduced because of the alarming rate of closures of rural 

hospitals in the past several years. And of course, when a rural 

hospital closes, the community loses all health-care providers in the 

area. 

So put simply, my bill would allow critical access hospitals that 

no longer have the necessary inpatient volume to keep the doors 

open, to establish an emergency room, along with other services— 

just as an example: dialysis, home health, telemedicine, and outpatient. We do not dictate what they have to do, but we give those 

as examples. 

The center would not have inpatient, because it is about 4.5 percent inpatient use of those beds. So you see, it is a high overhead. 

With a REACH designation, these centers would need to provide 

24/7 transport of critical patients to tertiary care centers. That 

would be one of the main reasons for this legislation. 

So I hope you think it is a common-sense solution. I do not expect you to give me an answer on the bill now, but I would hope 

that you would be willing to work with my office to assure people 

living in rural areas, like most of Iowa, will have access to this 

just-in-time medical care. 

Mr. HARGAN. Senator, I would be delighted to work with you and 

your staff on that. Rural health is very important to me. 

Senator GRASSLEY. Okay. Thank you. 

17 

I will have to quickly ask this question to Mr. Malpass. Over the 

last several years, we have seen an increase in the amount of foreign direct investment in the United States, specifically by China. 

In general, I do not oppose direct foreign investment, when people outside of the United States invest here and create jobs. I generally think that is a very good thing. 

However, the rise of state-owned enterprises, which operate in 

many cases on behalf of their governments, has changed the traditional foreign direct investment model. Today we read about Chinese state-owned enterprises buying American companies specifically to acquire technology and intellectual property. 

I know others in Congress have the same concerns. So just how 

do you view the rise of these state-owned enterprises in the global 

economy over the last decade? And by the way, this is in regard 

to beefing up the Committee on Foreign Investment, which is in 

your department. 

Mr. MALPASS. Yes, thank you very much, Senator. That is an important question. These are complicated issues. 

So, as we think about the changing world, it is moving quickly, 

and as you said, China is gathering a role. The CFIUS process is 

an important one in evaluating national security interests, and I 

commit to making sure that it is supervised and staffed in a way 

that makes it possible to evaluate national security concerns as 

they relate to foreign investment in the United States. 

Senator GRASSLEY. Thank you. 

Mr. MALPASS. Thank you. 

Senator GRASSLEY. I will submit Mr. Maloney my last question 

for answer in writing. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Well, thank you, Senator. 

Senator Stabenow has one question. 

Senator STABENOW. Thank you, Mr. Chairman. I appreciate you 

allowing me to take a moment. 

I first want to thank my friend and colleague, Senator Grassley. 

He and I are working together on CFIUS and issues around food 

safety and food security. I want to associate myself with your comments. 

Mr. Chairman, I just had to take a moment, as we all do, in juggling a number of things today. I appreciate you letting me take 

just a moment to welcome the nominees. 

When I looked at the four nominees and two of them are from 

Michigan, I think that says a lot about how great our State is. So 

I just wanted to have the opportunity to welcome both of you. Public service is very important, and I am so pleased that you are putting yourselves forward. 

Brent McIntosh, I know your mom and dad are here, and your 

family. It is good to see you. Williamston is not far from where I 

live. So it is wonderful to have you. I know you are very proud of 

your son, a highly respected attorney, most recently at Sullivan 

and Cromwell. I am here today saying good words—even though I 

am a Michigan State grad and you went to the University of Michigan. 

Mr. MCINTOSH. Thank you so much, Senator. 

18 

Senator STABENOW. I also want to welcome Mr. David Malpass, 

another Michigan native. I think your family is here as well. We 

thank you for your service in previous administrations, the Reagan 

administration, as well as in the George H.W. Bush administration. 

I appreciate your coming forward and being willing to serve. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Well, thank you, Senator. 

We will now go to Senator Casey. 

Senator CASEY. Mr. Chairman, thank you very much. 

Let me start by saying how much I appreciate the statements by 

Chairman Hatch, Ranking Member Wyden, and Senator Grassley 

regarding the responsiveness—the duty to respond that Federal 

agencies have. I am grateful for that. 

I am also grateful for the nominees’ willingness to serve, in some 

cases to serve yet again, and your families’ dedication to that service as well, because I know when you serve, they serve along with 

you and sacrifice on your behalf. 

I will start my questions with Mr. McIntosh, with regard to the 

duties you would have as General Counsel at the Treasury Department. I will focus specifically on requests for information that a 

Senator would submit, and the question of responding to those requests regardless of party affiliation. 

Here is my question, Mr. McIntosh. As General Counsel, would 

you advise Secretary Mnuchin that it is improper—improper—to 

only respond to requests from Republican offices and not requests 

from Democratic offices? 

Mr. MCINTOSH. Senator, thank you for that question. It is my 

view that a good working relationship with both houses of Congress 

and with both sides in both Houses is an essential aspect of service 

in the executive branch, and I would bring that message and that 

ethic to my role as general counsel. 

Senator CASEY. And I appreciate that sentiment, but I need a 

‘‘yes’’ or ‘‘no’’ answer to that question. 

Mr. MCINTOSH. Senator, I would want to look at the law underlying the request, but I would expect that it is not proper to simply 

take an off-the-table response to one side while responding to the 

other. 

Senator CASEY. That is not a direct ‘‘yes’’ or ‘‘no’’ answer. 

Mr. MCINTOSH. Senator, I hesitate to weigh in on a hypothetical 

situation, but in a situation where I believe the law was in favor 

of a response, I would tell the Secretary that it was improper not 

to respond. 

Senator CASEY. If another situation arose where a Republican office has received a response for information from the Secretary but 

a Democratic office has not received a response for similar information, what advice and recommendation would you provide? 

Mr. MCINTOSH. Senator, again, on a hypothetical situation like 

that, it sounds like the sort of thing where I would want to advise 

the Secretary that he ought to be responding without regard to the 

partisan alignment of the Senator in question. 

Senator CASEY. Also, would you advise the Secretary to discuss 

information in sworn testimony to the committee if he is unable to 

provide the source of that information to the committee? 

19 

Mr. MCINTOSH. I would be hesitant to do so. I do not know if 

there are hypothetical situations in which, for sources and methods 

reasons, one would want to do that with regard to national security 

information, but beyond the poverty of my imagination, I am not 

imagining a situation where that would be appropriate. 

Senator CASEY. Let me give you the circumstance just for context. 

In January, I asked Secretary Mnuchin to provide a copy of a 

number of foreclosures that OneWest Bank engaged in in my home 

State of Pennsylvania—in this circumstance, while he owned the 

bank. I asked for that as well as State-by-State foreclosure data. 

That is part one. That was my request. 

Secretary Mnuchin provided similar information to the State of 

Nevada, pursuant to request by Senator Heller—in this case, the 

foreclosure numbers prior to his confirmation in January. He has 

yet to provide the same information to Democratic requesters—in 

this case to my office and to Senator Brown of Ohio. 

So we asked for the same information. He responded to the request of Senator Heller before confirmation and has yet to respond 

to ours. I hope you would remind him, and remind his team, that 

they have yet to respond. 

Mr. Maloney, I also have a question for you in your capacity as 

Under Secretary for Legislative Affairs. Republican members of our 

committee were provided with OneWest Bank foreclosure data 4 

months ago. I followed up my verbal request with a question for 

the record, where the Secretary responded, ‘‘I have requested the 

additional foreclosure information.’’ 

The question I have for you is, when could I expect to receive the 

data that I requested on OneWest Bank’s foreclosures in Pennsylvania and nationally? 

Mr. MALONEY. Well, Senator, as you know, I am not yet confirmed. So I am not at the Treasury Department. So I am not familiar with the requests that you have made. 

As I said in my opening statement, I am fully committed to being 

open and transparent in this role and ensuring that we respond in 

a timely manner and have the adequate staff to respond in that 

matter. But I am not familiar with your requests. 

Senator CASEY. Would it be true to say you agree with the statement that I just made reference to with regard to Mr. McIntosh, 

that if a Democratic Senator requests any information, but especially the same information requested by a Republican, that the 

Department has a duty to respond to the Democratic request as 

they would the Republican request? 

Mr. MALONEY. It is my understanding that the Department has 

been responding to both Republicans and Democrats, and I intend 

to continue that tradition. 

Senator CASEY. Thank you very much. I will have other questions in the next round. 

The CHAIRMAN. Thank you, Senator. 

Senator Cassidy? 

Senator CASSIDY. Mr. Malpass, this is not directly under your 

stewardship, but there is an issue related to international competition. In the context of renegotiation of the U.S.-Norway Bilateral 

20 

Tax Treatment, we asked President Obama’s Treasury Department 

to rectify significant unfair tax advantage. 

Background: in 2007, Norway opened the door to a tax structure 

where Norwegian companies can operate in the U.S. outer continental shelf with virtually no tax liability in their home country. 

Clearly, that puts our U.S.-based companies at a severe disadvantage in these outer continental shelf operations. 

Just to put a point on it, there are disadvantaged workers and 

their families who are then laid off, and their future diminished, 

because the Norwegians have an unfair tax advantage. 

In 2016, March, the Louisiana delegation requested information 

from Treasury on whether this tax advantage would be addressed 

in the revised U.S.-Norway Tax Treaty, and we have yet to receive 

an answer. 

So, I know that this is technically under the Office of Tax Policy, 

but there is not even a nominee for that office yet. So I guess my 

question to you is, within your ability to do so, will you commit to 

assisting us in arranging a briefing from Treasury on this matter? 

Mr. MALPASS. Absolutely. I would be happy to communicate with 

you and see what we can do within the Department, if I am confirmed. So I will work with you. It sounds like an important issue, 

and one that should be looked into. 

Senator CASSIDY. On behalf of those families, thank you. 

Mr. Hargan, something that will eventually have to be addressed—looking at the work you have done in your legal career— 

is anti-kickbacks, Stark laws, et cetera. There seems to be kind of 

a growing recognition that as we attempt to align incentives and 

providers would go to a two-sided risk, that Stark laws may be now 

counterproductive. And hospitals which traditionally have opposed 

reforms of Stark laws but now have joint ventures, they seem to 

also recognize that this is counterproductive. I am giving you my 

position, obviously. 

But you have actually kind of worked on this in your legal practice. I am just trying to get your thoughts on that issue. 

Mr. HARGAN. Thank you, Senator. In the position that I am going 

into as Deputy Secretary, I would look forward to looking at that 

and helping implement anything that you all do in terms of reforms to the system in order to achieve a goal of coordinated care, 

or any of the other issues where I think people who have commented in this area have seen, perhaps, a conflict between the 

Stark law on one hand and the goals of coordinated care, community care systems, on the other, and other types of reform. 

But obviously, this rests within the hands of Congress to consider any changes to that law. But if I am put into the position of 

Deputy Secretary, I would be happy to work to implement those 

laws within the Department. 

Senator CASSIDY. Now clearly, you have kind of a granular understanding of the issue, I presume, just because you have been involved in that. Would you give recommendations if, in the theoretical, we were to undertake—and with my chairman up there and 

his staff taking notes—a granular way to sort of address this? 

Mr. HARGAN. That is what I do in my private life, is work at a 

very great degree of granularity, and I would look forward to applyVerDate Sep 11 2014 20:33 May 30, 2018 Jkt 000000 PO 00000 Frm 00024 Fmt 6633 Sfmt 6633 R:\DOCS\30209.000 TIM
21 

ing that same focus at HHS and work with you all and with the 

Department to make sure that that is well done. 

Senator CASSIDY. Thank you. 

Mr. Chairman, I yield back. 

The CHAIRMAN. Well, thank you so much. 

Senator Cantwell? 

Senator CANTWELL. Thank you, Mr. Chairman. 

Mr. Hargan, continuing on health care—I read some of your comments. I wondered if there were things in the Affordable Care Act 

that you think were working and that we should keep? 

Mr. HARGAN. Well, Senator, obviously that is the subject of a lot 

of dispute here on Capitol Hill. I know that you all have—there is 

a lot of policy—— 

Senator CANTWELL. My colleague from Louisiana has said there 

are things that are working, and that the States should keep them 

if they want to. 

Mr. HARGAN. There have certainly been some things in the 

health-care landscape that have changed. I am not particularly a 

policy person in this area to opine about the influence of the Affordable Care Act and all the changes in the health-care landscape 

that have taken place. 

Senator CANTWELL. Okay. Let us say, for example, you can have 

clout. I know you have kind of disparaged moving further with expansion of the children’s health care program as more government. 

But sometimes, when bundling up individuals, like we have been 

able to do in some of these markets—New York, Minnesota—you 

can get leverage by bundling up a large population and serving 

them up to the providers. 

Obviously, you may get more cost-effective for them. The consumer gets clout because, if they are an individual not with a 

major employer, it gets them clout. They can be bundled up and 

get clout that way. 

Do you think that is a good idea? 

Mr. HARGAN. Well, you can always achieve efficiencies within the 

health-care system by allowing people to work together in the system. It is always an issue about exactly how you all might reform 

this system in order to allow that to take place most efficiently and 

well within the confines that we have within the current system. 

Senator CANTWELL. So I will get you more specifics on that, and 

maybe you can give me a little more detailed answer. 

The same on rebalancing—we have been very big proponents of 

pushing States to establish a focus on community-based care versus nursing home care because it can save huge dollars for individual States and for individual families. 

Is that a concept that you think might be something that you 

could support? 

Mr. HARGAN. I think that that is an issue where both patients 

and the physical health of the programs pull in the same direction. 

Moving people from institutional care to community-based and 

home-based care is a place where it seems like the market is going. 

And I think that both patients and the programs themselves might 

be well-served by moving more in that direction. 

Senator CANTWELL. And if we could encourage them to do so, it 

would be good? 

22 

Mr. HARGAN. Encouraging people to move into their communities, I think that—from what I have seen—I am not a physician 

in this area—— 

Senator CANTWELL. We will get you some more on that too, because we think these are initiatives that are saving for consumers 

and for institutions and for government. So we think it is a win for 

everyone. 

If I could, Mr. McIntosh, I know Secretary Mnuchin has been before the committee talking about a 21st-century Glass-Steagall proposal. Do you know—he is doing this regulatory review as part of 

the operations. Is he anticipating including a proposal in there? 

Mr. MCINTOSH. Senator, I appreciate the question. As I am not 

in the Department now, I am not privy to the deliberations regarding the regulatory reform proposals the Secretary intends to propose, and I do not know whether 21st-century Glass-Steagall would 

be among them. 

Senator CANTWELL. Do you think it is a good idea? 

Mr. MCINTOSH. Senator, I do not pretend to have an expertise on 

what policies this body ought to adopt in that space. 

Senator CANTWELL. Thank you, Mr. Chairman. 

The CHAIRMAN. Well, thank you. 

Senator Casey has a couple more questions. 

Senator CASEY. Mr. Chairman, I know we are ready to wrap up, 

but I just have a question for Mr. Hargan. 

We have a dispute with HHS about responsiveness to letters. Let 

me just quickly ask you this question. If you are confirmed, do you 

commit to respond in a timely manner to all congressional inquiries 

and requests for information from members of Congress, including 

requests from members in the minority? 

Mr. HARGAN. I do commit. 

Senator CASEY. Thank you. Mr. Chairman, the last thing I will 

do is, I would ask consent to enter into the record a letter I sent 

to Secretary Mnuchin dated May 25, 2017, regarding these requests to the Treasury. 

The CHAIRMAN. Without objection, it will be in the record. 

[The letter appears in the appendix on p. 23.] 

Senator CASEY. Thank you, Mr. Chairman. 

The CHAIRMAN. Well, thank you. 

I want to say that I have been around here a long time, and I 

think all four of you, each of you, is an excellent pick by this administration. I look forward to working with you and helping you 

as much as we possibly can on this committee. 

I am proud that you are willing to serve. We welcome your families here, your children, other members of your family, and we just 

want to thank you for your willingness to serve. It is very difficult 

sometimes to serve in these positions, and sometimes you get no 

credit for it at all. All you get is abuse, but the fact of the matter 

is, you are willing to do it. And each of you has special expertise 

in your particular areas that I think will benefit this country greatly. 

So with that, then, we will recess until further notice. Thank 

you. 

[Whereupon, at 11:03 a.m., the hearing was concluded.] 

(23) 

A P P E N D I X 

ADDITIONAL MATERIAL SUBMITTED FOR THE RECORD

LETTER SUBMITTED BY HON. ROBERT P. CASEY, JR. 

United States Senate 

WASHINGTON, DC 20510 

May 25, 2017 

Robert P. Casey, Jr. 

Pennsylvania 

COMMITTEES 

Agriculture, Nutrition, and Forestry 

Finance 

Health, Education, Labor, and Pensions 

Special Committee on Aging 

Joint Economic Committee 

Dear Secretary Mnuchin: 

In January, I submitted a question for the record asking you provide a copy of the 

letter to HUD you referenced in your sworn testimony with regards to reverse mortgages. In addition, I asked you provide State and national foreclosure data from 

OneWest Bank. You will recall, you provided this information to Senator Heller, a 

Republican member of this committee, prior to your confirmation, but have as of yet 

failed to provide this information to Democratic requesters. 

In response to my January 25, 2017 question for the record, you stated, ‘‘I have requested the additional [foreclosure] information as well as the referenced [HUD] letter.’’ 

The full question is below. 

1. Response to Casey Question 23 and 23 a–d: Mr. Mnuchin, in addition to your 

providing the total number of foreclosures executed by OneWest bank, please provide the following sub-data: 

a. The foreclosure rate on mortgages owned by OneWest; 

b. The foreclosure rate on mortgages serviced by OneWest; 

c. The modification rate of mortgages owned by OneWest; and 

d. The modification rate of mortgages serviced by OneWest. 

You did not provide a response to the question; further, you provided assurances 

when we met that you would provide national foreclosure data, and assurances to 

my staff you would provide a copy of the letter referenced in your testimony to the 

Committee. Please do so. 

Amended Response: 

I have requested the additional information as well as the referenced letter. 

In accordance with your stated response: 

Please provide the committee by COB Friday a copy of your correspondence requesting the letter on reverse mortgages. 

24 

Please provide the committee by COB Friday a copy of your correspondence requesting State and national foreclosure information. 

Sincerely, 

Robert P. Casey, Jr. 

United States Senator 

PREPARED STATEMENT OF ERIC D. HARGAN, NOMINATED TO BE DEPUTY SECRETARY, DEPARTMENT OF HEALTH AND HUMAN SERVICES

Thank you, Governor Thompson, for that warm introduction. And also, thank you 

to the many dedicated public servants who have loaned their talents to such great 

effect at HHS over the years, such as Secretary Leavitt and Deputy Secretary Azar 

during my previous time at HHS. I learned so much from them. Thank you also 

to Chairman Hatch, Ranking Member Wyden, and all of the members of the committee, many of whom I have already visited during this process. It has been a tremendous honor to meet with you, and I look forward, if I have the privilege to receive the approval of the Senate, to meet with and work with all of you on future 

challenges and opportunities at HHS. 

I would like to start by acknowledging some of the members of my family who 

have joined me here today: my wife Emily, my sons Thomas and Joe, and my sister 

Jody, who has come in from Paducah, Kentucky. Thank you all for being here with 

me today! 

Now I think it would be informative for me to give you some of my personal background. I am currently an attorney, most recently with a law firm in its Chicago 

office, specializing in health law. Before returning to the private practice of law, I 

served at HHS under the George W. Bush administration, as Deputy General Counsel, then as Chief of Staff to the Deputy Secretary, and finally as Acting Deputy 

Secretary. My time at HHS serving in the position of Deputy Secretary has provided 

me with valuable experience that will help inform my work in the same role in this 

administration. I believe that my years at HHS will help me with understanding 

HHS and helping it fulfill the unique role the Department has to play in ensuring 

that the many programs Congress has committed to it are carried out well and 

faithfully, for the benefit of the millions of Americans who rely on them. 

I understand this role, coming to it from my own personal background. Although 

I live in Chicagoland now, I am originally from deep southern Illinois, from a farm 

near a small town called Mounds, population 810 now I believe. My father worked 

at a local DOE plant as a technician, and my mother was an X-ray tech. My father 

was also a Korean War veteran having served as a sergeant in the Air Force as a 

mechanic. He was also, on and off, a local politician, as county commissioner in Pulaski County, VFW commander in Mounds, and he also served as a union shop steward in the local plant. 

My mother, originally from a small Finnish community near Duluth, worked at 

our local health-care facility for 58 years prior to passing away a few years ago. I 

say ‘‘health-care facility’’ because she started at what was then St. Mary’s Hospital 

in Cairo, Illinois. This hospital underwent the same evolution that has happened 

to many small town hospitals throughout the country, as rural areas and their 

health-care systems have suffered so much in the past decades. St. Mary’s, as is the 

unfortunate case with many rural hospitals, is no longer around, although the good 

local people still continue to provide care to the community. 

After leaving high school, I attended Harvard College and then Columbia Law 

School, followed by years of private practice. And all along, I have tried to carry on 

the family tradition of public service not only by joining President Bush’s HHS, but 

also serving as Governor Rauner’s co-chair for his health care and human services 

transition in 2014 and 2015, and then volunteering for the State of Illinois on its 

State Health Improvement Planning Council and the State Innovation Model 

Workgroup. I also serve my community as a precinct committeeman for my township, and help as much as I can with our parish and school at St. Isaac’s. 

So, between my father’s example of public service and my mother’s longtime work 

at our local hospital, in some ways combining public service and health care seems 

like fate to me. I am proud that President Trump has shown confidence in me to 

nominate me to return to my former position at HHS. And in Secretary Price, I see 

a leader with an ideal background: a physician with experience as a provider in 

HHS’s programs, as well as having been a leading legislator on Capitol Hill. I am 

25 

hopeful that my experience as an attorney and administrator will serve as a good 

complement to him, and enable us and the Department to achieve our mission on 

behalf of the American people. 

People have asked me: why go back in? But I cannot imagine, if given the opportunity by you, that I could turn away. The challenges are so great, whether in public 

health, in health-care finance, in facilitating innovation in health care and in the 

administration of human services, that I cannot imagine not wanting to participate, 

and to lend to the government both my past experience at HHS, as well as the fruit 

of my years of work in the health-care sector since then, to help as much as I can. 

At HHS, I found in my previous tenure a congenial group of public servants, who 

are dedicated to fulfilling their given tasks. There is a level of patriotism and good 

attitude that I think many outside would find surprising, given the level of rhetoric 

we often see. Certainly, in a reversal of many people’s experiences, I walked out of 

a place of employment, HHS, less cynical than I went in. 

This does not mean that HHS does not have any challenges that need to be addressed. And in the Deputy Secretary position, as the chief operating officer of the 

Department, you see the issues and details up close. The office helps implement the 

laws that the Department has been given, coordinates the agencies and divisions, 

and ensures the Department runs efficiently. For so large an enterprise, this is a 

daunting goal. But I believe with good will and the assistance of the staff at HHS, 

and the Congress, that this is not an impossible task. We cannot solve everything 

at once, but we can, I believe, make a real and lasting difference in Americans’ lives 

and health, and that in itself would be a worthy goal. Thank you. 

SENATE FINANCE COMMITTEE 

STATEMENT OF INFORMATION REQUESTED 

OF NOMINEE 

A. BIOGRAPHICAL INFORMATION 

1. Name (include any former names used): Eric D. Hargan. 

2. Position to which nominated: Deputy Secretary of the Department of Health 

and Human Services. 

3. Date of nomination: April 4, 2017. 

4. Address (list current residence, office, and mailing addresses): 

5. Date and place of birth: June 3, 1968, Cape Girardeau, Missouri. 

6. Marital status (include maiden name of wife or husband’s name): 

7. Names and ages of children: 

8. Education (list secondary and higher education institutions, dates attended, degree received, and date degree granted): Meridian High School, 1982–1986, high 

school degree; Harvard University, 1986–1990, BA cum laude in philosophy, 

June 1990; Columbia University Law School, 1990–1993, J.D., May 1993. 

9. Employment record (list all jobs held since college, including the title or description of job, name of employer, location of work, and dates of employment): 

Title: Assistant 

Employer: Law Offices of Gloria E. Thurston 

Location: Pulaski, Illinois 

Dates: Summer 1990 

Description: Assisted a solo law practitioner with various administrative tasks. 

Title: Associate, Corporate Department 

Employer: Skadden, Arps, Slate, Meagher, and Flom 

Location: Chicago, Illinois; Hong Kong; Jakarta, Indonesia 

Dates: 1993–1996, Summer 1992 

26 

Description: Summer Associate, Summer 1992. Associate attorney in Corporate 

Department. Sole representative of the firm in its Jakarta, Indonesia workspace, based out of the Hong Kong office, 1996. 

Title: Associate and Partner, Corporate Department 

Employer: Winston and Strawn 

Location: Chicago, Illinois 

Dates: 1997–2003 

Description: Attorney in Chicago office, working primarily on mergers and acquisitions, securities, and corporate finance. Elected partner in 2001. 

Title: Deputy General Counsel 

Employer: U.S. Department of Health and Human Services 

Location: Washington, DC 

Dates: 2003–2005 

Description: Assisting the General Counsel in managing a team of over 400 attorneys advising HHS agencies on a wide range of litigation, regulatory, and 

contract matters. 

Title: Principal Associate Deputy Secretary 

Employer: U.S. Department of Health and Human Services 

Location: Washington, DC 

Dates: 2005–2007 

Description: Served as principal deputy and chief of staff to the Deputy Secretary, then as Acting Deputy Secretary of the Department. 

Title: Partner, Health Law Department 

Employer: McDermott, Will, and Emery 

Location: Chicago, Illinois 

Dates: 2008–2010 

Description: Work concentrated in health-care transactional and regulatory 

areas. 

Title: Shareholder, Health, and FDA Business Group 

Employer: Greenberg Traurig, LLP 

Location: Chicago, Illinois 

Dates: 2010–2017 

Description: Work focused on transactions, health-care regulations and government relations. Within the transactional area, concentrated on mergers and acquisitions and corporate finance in the health-care sector. 

Title: Adjunct Professor of Law 

Employer: Loyola University Law School 

Location: Chicago, Illinois 

Dates: 2012–2017 

Description: Taught a course on administrative law and health-care regulations. 

10. Government experience (list any advisory, consultative, honorary, or other parttime service or positions with Federal, State or local governments, other than 

those listed above): 

Co-Chair and Convener of Illinois Governor Rauner’s Healthcare and Human 

Services Transition Committee, 2015–2016. 

Member, Illinois State Health Improvement Plan Planning Council, 2015–2016. 

Member, Illinois State Innovation Model (SIM) Workgroup, 2015–2016. 

11. Business relationships (list all positions held as an officer, director, trustee, 

partner, proprietor, agent, representative, or consultant of any corporation, company, firm, partnership, other business enterprise, or educational or other institution): Shareholder, Greenberg Traurig, LLP. 

12. Memberships (list all memberships and offices held in professional, fraternal, 

scholarly, civic, business, charitable, and other organizations): 

Member, Executive Board, Chicago Lawyers Chapter, Federalist Society. 

Policy Fellow, American Conservative Union Foundation. 

Oblate, Order of St. Benedict. 

Knight, Order of Malta, Federal Association. 

13. Political affiliations and activities: 

a. List all public offices for which you have been a candidate. 

27 

Precinct Committeeman, Downers Grove Township Republican Organization. 

b. List all memberships and offices held in and services rendered to all political 

parties or election committees during the last 10 years. 

Volunteer, 72-Hour GOTV Strike Force, Bush–Cheney 2004. 

Volunteer, GOTV team, Republican National Committee, 2006. 

Volunteer, GOTV team, Republican National Committee, 2008. 

Member, Finance Committee, Bill Brady for Governor, 2010. 

Delegate, Illinois State Republican Convention, 2012. 

Delegate, Illinois State Republican Convention, 2016. 

Precinct Committeeman, Downers Grove Township Republican Organization. 

c. Itemize all political contributions to any individual, campaign organization, political party, political action committee, or similar entity of $50 or more for 

the past 10 years. 

McCain Victory Committee, 9/29/2008, $2,300.00 

Oklahoma Leadership Council, 10/26/2008, $500.00. 

McCain–Palin Victory 2008, 10/27/2008, $1,000.00. 

Kirk for Senate, 12/14/2009, $1,000.00. 

Bill Brady for Governor, 2010, approx. $8,000.00. 

Bobby Schilling for Congress, 10/16/2010 $350.00. 

Perry for President, 9/30/2011, $2,500.00. 

Dold for Congress, 11/22/2011, $250.00. 

Romney Victory, Inc., 9/6/2012, $10,000.00. 

Tommy Thompson for Senate, 10/31/2012, $500.00. 

Duffy for Wisconsin, 11/3/2012, $250.00. 

Ted Cruz for Senate, 5/30/2013, $1,000.00. 

George P. Bush for Texas Land Commissioner, 2014, $1,000.00. 

Downers Grove Township Republican Organization, 2014, $1,000.00. 

Downers Grove Township Republican Organization, 2015, $1,000.00. 

14. Honors and awards (list all scholarships, fellowships, honorary degrees, honorary society memberships, military medals, and any other special recognitions 

for outstanding service or achievement): 

Harvard College Scholarship, Harvard University. 

Dean’s List, Harvard University. 

Eliot Thesis Prize, Harvard University. 

Senior Editor, Columbia Law Review. 

Certificate of Recognition in International Law, Parker School of Foreign and 

Comparative Law, Columbia University. 

Recipient, HHS Secretary’s Award for Distinguished Service. 

Member, Winning Team, Global M&A Network’s 2012 Turnaround Atlas Award 

for ‘‘Private Equity Turnaround of the Year’’ for the Chapter 11 reorganization 

and acquisition of American Laser Skincare LLC. 

Member, Winning Team, M&A Advisor Awards, ‘‘Healthcare and Life Sciences 

Deal of the Year (from $10mm to $500mm)’’ for the Chapter 11 sale of ATLS 

Acquisition, LLC, dba Liberty Medical Supply, Inc., 2015. 

Member, Winning Team, Global M&A Network’s Turnaround Atlas Awards, 

‘‘Turnaround of the Year—Small Markets’’ for the restructuring and sale of 

ATLS Acquisition, LLC (dba Liberty Medical), 2015. 

15. Published writings (list the titles, publishers, and dates of all books, articles, 

reports, or other published materials you have written): 

‘‘Medical Tourism and India,’’ India Law News, Spring/Early Summer 2012. 

‘‘Managed Care,’’ Hospital Legal Forms, Checklists, and Guidelines, Aspen Publishers, 2012. 

‘‘The Internet, Information Technology, and the FDA,’’ in Inside the Minds: Recent Development in Food and Drug Laws, Aspatore Books, 2012. 

‘‘Compliance,’’ Hospital Legal Forms, Checklists, and Guidelines, Aspen Publishers. 

‘‘A Realistic Approach to Food Safety Regulation,’’ Food Quality, June/July 

2010. 

28 

‘‘Are REMS Doing More Damage than Good?’’ FDLI’s Update magazine, March/ 

April 2010. 

‘‘Quality Ingredients From Across the Ocean,’’ QA magazine, March/April 2010. 

‘‘The FDA Shifts From Food Safety to Public Safety,’’ Food Quality, December/ 

January 2010. 

‘‘Antibribery Crackdown Transforms Business Practices in China,’’ MX magazine, December 2009. 

‘‘Faking It,’’ BioPharm, December 1, 2009. 

‘‘Safer Chinese Food,’’ Food Product Design, November 10, 2009. 

‘‘Institutional Conflicts of Interest: Identifying and Managing Them in Life 

Sciences,’’ FDLI’s Update magazine, May/June 2008. 

‘‘Vaccine Law 101,’’ Journal of Law, Medicine, and Ethics 35:72–76, 2007. 

‘‘The Sovereignty Implications of Two Recent Supreme Court Decisions,’’ Federalist Society, 2003. 

16. Speeches (list all formal speeches you have delivered during the past 5 years 

which are on topics relevant to the position for which you have been nominated): 

‘‘FDA Master Class: Uncovering Device Regulatory Trends and Hurdles to Expedite Speed to Market,’’ 4th Annual Medical Device Product Management Conference, Chicago, IL, October 27, 2016. 

‘‘Regulatory Considerations, Clinical Trials, and the FDA,’’ American College of 

Surgeons Clinical Congress, Washington, DC, October 19, 2016. 

‘‘Perspectives on Biosimilars,’’ Biosimilars and Biobetters USA Conference, 

Iselin, New Jersey, April 7, 2014. 

‘‘The Affordable Care Act: What Employers Need to Know,’’ Water Quality Association—Aquatech USA Conference, Orlando, FL, March 18, 2014. 

‘‘Affordable Care Act: Update,’’ Lexvid Presentation, March 5, 2014. 

‘‘Health Insurance Exchanges: What Employers Need to Know,’’ National Business Institute, Chicago, IL, December 17, 2013. 

‘‘W–2 Reporting Requirements Under the Affordable Care Act,’’ National Business Institute, Chicago, IL, December 17, 2013. 

‘‘Drugs and Biologics: Labeling,’’ FDA Book Camp, American Conference Institutes, New York, NY, March 19, 2013. 

‘‘Search Engines, Medical Apps, and the FDA,’’ Health Information and Technology Group Annual Luncheon, AHLA Annual Conference, Chicago, IL, June 

26, 2012. 

17. Qualifications (state what, in your opinion, qualifies you to serve in the position 

to which you have been nominated): 

I had the privilege to serve the Department previously as Acting Deputy Secretary for a period, which served as preparation for serving in this same position. Prior to serving in that capacity, I served HHS as Principal Associate Deputy Secretary, acting as chief of staff to the Deputy Secretary. Prior to that, I 

served HHS as Deputy General Counsel, which, together with the other positions, enabled me to understand many separate parts of the Department and 

how they work together to achieve the goals set for them. 

More recently, I served as a volunteer member of the State of Illinois’ State 

Health Improvement Plan Planning Council and its State Improvement Model 

Workgroup, enabling me to see more closely how the programs administered by 

HHS affect its State partners, and how the States implement their own programs. 

Finally, I have worked as a health-care attorney in the private sector for over 

9 years since leaving HHS, which enables me to understand better how HHS 

interacts and works with the private sector through many of its programs. In 

all of these ways, whether through experience at HHS in this same role of Deputy Secretary, in other offices at HHS, in working with the State of Illinois, or 

through my experience as a private-sector health-care attorney, I believe that 

29 

I could bring my experience to bear in helping HHS implement its programs 

and fulfill its responsibilities to the American people. 

B. FUTURE EMPLOYMENT RELATIONSHIPS 

1. Will you sever all connections with your present employers, business firms, associations, or organizations if you are confirmed by the Senate? If not, provide 

details. 

Yes. 

2. Do you have any plans, commitments, or agreements to pursue outside employment, with or without compensation, during your service with the government? 

If so, provide details. 

No. 

3. Has any person or entity made a commitment or agreement to employ your 

services in any capacity after you leave government service? If so, provide details. 

No. 

4. If you are confirmed by the Senate, do you expect to serve out your full term 

or until the next presidential election, whichever is applicable? If not, explain. 

Yes. 

C. POTENTIAL CONFLICTS OF INTEREST 

1. Indicate any investments, obligations, liabilities, or other relationships which 

could involve potential conflicts of interest in the position to which you have 

been nominated. 

None. 

2. Describe any business relationship, dealing, or financial transaction which you 

have had during the last 10 years, whether for yourself, on behalf of a client, 

or acting as an agent, that could in any way constitute or result in a possible 

conflict of interest in the position to which you have been nominated. 

None, except routine representation of clients in the health-care sector. 

3. Describe any activity during the past 10 years in which you have engaged for 

the purpose of directly or indirectly influencing the passage, defeat, or modification of any legislation or affecting the administration and execution of law or 

public policy. Activities performed as an employee of the Federal Government 

need not be listed. 

I served as the Treasurer of the Coalition to Protect Patient Rights, an organization which sought to prevent passage of the Affordable Care Act in 2009– 

2010. I did not engage in any public duties for the organization. 

I was registered as a lobbyist for Aquadvantage from 2008 to 2010. 

4. Explain how you will resolve any potential conflict of interest, including any 

that may be disclosed by your responses to the above items. (Provide the committee with two copies of any trust or other agreements.) 

I am signing an ethics agreement prepared for and reviewed by the Office of 

Government Ethics. Copies have been provided. 

5. Two copies of written opinions should be provided directly to the committee by 

the designated agency ethics officer of the agency to which you have been nominated and by the Office of Government Ethics concerning potential conflicts of 

interest or any legal impediments to your serving in this position. 

Copies have been provided. 

D. LEGAL AND OTHER MATTERS 

1. Have you ever been the subject of a complaint or been investigated, disciplined, 

or otherwise cited for a breach of ethics for unprofessional conduct before any 

court, administrative agency, professional association, disciplinary committee, or 

other professional group? If so, provide details. 

No. 

30 

2. Have you ever been investigated, arrested, charged, or held by any Federal, 

State, or other law enforcement authority for a violation of any Federal, State, 

county, or municipal law, regulation, or ordinance, other than a minor traffic 

offense? If so, provide details. 

No. 

3. Have you ever been involved as a party in interest in any administrative agency 

proceeding or civil litigation? If so, provide details. 

No. 

4. Have you ever been convicted (including pleas of guilty or nolo contendere) of 

any criminal violation other than a minor traffic offense? If so, provide details. 

No. 

5. Please advise the committee of any additional information, favorable or unfavorable, which you feel should be considered in connection with your nomination. 

None. 

E. TESTIFYING BEFORE CONGRESS 

1. If you are confirmed by the Senate, are you willing to appear and testify before 

any duly constituted committee of the Congress on such occasions as you may 

be reasonably requested to do so? 

Yes. 

2. If you are confirmed by the Senate, are you willing to provide such information 

as is requested by such committees? 

Yes. 

QUESTIONS SUBMITTED FOR THE RECORD TO ERIC D. HARGAN

QUESTIONS SUBMITTED BY HON. ORRIN G. HATCH

Question. The Deputy Secretary role at the Department of Health and Human 

Services (HHS) has often been compared to that of a train conductor as the job is 

primarily to keep the trains running and make sure all of the programs are on 

track. HHS is a massive department, covering a large range of issues and programs. 

Can you describe what in your history has helped prepare you to help lead such 

a complex department? 

Answer. I am currently an attorney, specializing in health law. Before returning 

to the private practice of law, I served at HHS in the George W. Bush administration, as Deputy General Counsel, then as Chief of Staff to the Deputy Secretary as 

Principle Associate Deputy Secretary, and finally as Acting Deputy Secretary. My 

time at HHS serving in the position of Deputy Secretary has provided me with valuable experience that will help inform my work in the same role in this administration. I believe that my prior years at HHS will help me with understanding HHS 

and helping it fulfill the unique role the Department has to play in ensuring that 

the many programs Congress has committed to it are carried out well and faithfully, 

for the benefit of the millions of Americans who rely on them. 

Question. One of the most critical parts of your role as Deputy Secretary will be 

ensuring adequate oversight over the programs that comprise HHS’s trillion dollar 

plus budget. What plans do you have to continue current oversight efforts ongoing 

at HHS? How do you propose to work with Congress on that? 

Answer. If confirmed, I will faithfully implement the laws written by Congress 

and the regulations issued by the Department. It is exceptionally important that the 

different branches of HHS coordinate their enforcement of final rules. To facilitate 

this, I will implement standards and procedures that establish clear lines of communication between staff divisions and operating divisions and require their routine 

input on implementation. If a member of Congress contacts the Department with 

issues or concerns about any HHS program, I promise that each instance will be 

a top priority. The work of Congress and its staff is valuable in identifying and solving problems, and I look forward to working closely with the Congress in the years 

to come. 

31 

Question. In 2014, the GAO reported that some $60 billion in taxpayer money, or 

more than 10 percent of Medicare’s total budget, was lost to fraud, waste, abuse, 

and improper payments. A GAO report in 2011 concluded that Medicaid had $21.9 

billion in improper payments. Do you have any thoughts on steps you think should 

be taken to address the multi-billion-dollar problem of waste, fraud, and abuse in 

these programs? 

Answer. I am committed to working with all government agencies and the Congress to ensure that taxpayer dollars are better safeguarded and that scarce resources go to those who are both truly in need of them and legally eligible for assistance. The fiscal year (FY) 2018 budget strengthens the integrity and sustainability 

of Medicare and Medicaid by investing in activities that prevent fraud, waste, and 

abuse and promote quality and efficient health care. For FY 2018, the budget assumes $2.1 billion in total mandatory and discretionary investments in the Health 

Care Fraud and Abuse Control program. 

Recent investments in Health Care Fraud and Abuse Control have allowed for the 

expansion of fraud and abuse prevention efforts and led to a shift away from the 

‘‘pay-and-chase’’ model toward preventing fraud, waste, and abuse on the front end. 

The Health Care Fraud and Abuse Control investment also supports efforts to reduce the Medicare and Medicaid improper payment rates, while implementing new 

processes to reduce provider burden. Program integrity returns on investment are 

measured by program area and separately reported by activity type. 

There are three key ways in which returns from program integrity activities are 

described. First, programs supported by Health Care Fraud and Abuse Control Program mandatory funds have a proven record of returning more money to the Medicare trust funds than the dollars spent. The most recent estimate of the Medicare 

Integrity Program return on investment is $12 to $1, and the Medicare Integrity 

Program has recently yielded a consistent return of over $10 billion in savings annually. 

Second, the 3-year rolling average return on investment for Health Care Fraud 

and Abuse Control law enforcement activities is $5 to $1. In FY 2016 alone, $3.3 

billion was recovered, including $1.7 billion returned to the Medicare trust funds 

and $235.2 million in Federal Medicaid recoveries returned to the Treasury. 

Third, CMS actuaries conservatively project that for every new dollar spent by 

HHS to combat health-care fraud, about $2 is saved or avoided. 

Question. Mr. Hargan, we are living in an aging society, and as time goes on we 

will need more qualified doctors, nurses, and other health-care providers to meet the 

increased medical needs of this older population. What thoughts do you have into 

how public policy can encourage an increase in the number of new doctors, nurses, 

and other health-care providers entering into and remaining in the medical profession? 

Answer. Workforce issues are a major challenge in health care. We must work to 

expand career options and paths for all health-care professionals. It is critical that 

we as a Nation make sure that every single individual has access to the kind of 

health care that they need. If confirmed, I look forward to working closely with you 

and the other members of Congress to ensure that the health-care workforce is adequately, if not robustly, staffed for this and future generations. 

QUESTIONS SUBMITTED BY HON. JOHN THUNE

Question. As I’ve raised with Secretary Price and the Obama administration previously, I have serious and continued concerns about the state of the Indian Health 

Service. In 2010, an administrative action plan was established after systemic problems were uncovered in South Dakota. Similar issues arose in 2015, and those 

issues continue to surface, even though two IHS facilities in South Dakota have entered into historic Systems Improvement Agreements with the Centers for Medicare 

and Medicaid Services (CMS). It has now been over a year since entering into these 

agreements, but CMS continues to find serious deficiencies at both facilities. In fact, 

the Pine Ridge emergency department is currently in Immediate Jeopardy Status 

after a recent unannounced site visit from CMS. This places the community in danger of losing their emergency department services and again proves that IHS is not 

delivering quality care. Over the years, IHS has provided responses of positive 

change and improvement when I have asked for progress updates, and yet these reports never match up to what I hear from tribal members who are receiving their 

32 

care from IHS. What is the Department’s plan to ensure that meaningful and long 

term action is taking place to correct these problems? 

Answer. I am not familiar with the specifics of the Pine Ridge Systems Improvement Agreement but am aware of the unique challenges facing Indian country, and 

specifically the Great Plains Area. During my previous tenure at HHS, I worked on 

many Indian Health Service issues, and if confirmed, I look forward to working with 

Congress, tribal partners, and health-care stakeholders to ensure access to quality 

care for all patients. 

Question. As I indicated to Secretary Price during his confirmation hearing, last 

year Senator Barrasso and I introduced the IHS Accountability Act to facilitate significant changes to the way things work at IHS. Teaming up with more Senators 

and Representatives, we’ve proposed an improved version this year, the Restoring 

Accountability in the IHS Act. This bill will give HHS the flexibility to terminate 

poorly performing employees, streamline the hiring process so IHS can recruit talented medical professionals more quickly, and create incentives so those folks will 

stay on the job longer. Will the Department commit to working with us on this bill, 

and other reforms to fix IHS? 

Answer. During my previous tenure at HHS, I worked on many Indian Health 

Service issues, and if confirmed, I look forward to working with you to achieve our 

common goal of providing quality health care to all Americans, including American 

Indian and Alaska Native communities. 

QUESTIONS SUBMITTED BY HON. RON WYDEN

FOOD AND DRUG ADMINISTRATION FOLLOW-UP

Question. Mr. Hargan, if you are confirmed to be Deputy Secretary, you will have 

a great deal of power to determine how the Department carries out policy. 

For example, in 2007, the Food and Drug Administration was facing criticism for 

not doing enough to stop illnesses caused by contaminated vegetables. The Wall 

Street Journal reported at the time that you—as Acting Deputy Secretary—led Department officials in rejecting the FDA’s plan to address the issue. 

This episode demonstrates just how much power the Deputy Secretary, as chief 

operating officer, has in setting policy. 

Now in our meeting earlier this week, you said that the Journal’s story mischaracterized your role. Can you clarify what your role was in that episode, and, specifically, what the article got wrong in its reporting? 

Answer. I initiated the meeting due to my concerns about our collective approach 

to food safety; specifically the data collection and tracking methodology across HHS 

divisions of food-borne illness cases. During this time, there had been several notable outbreaks, spurring the meeting, which took place primarily at my request. The 

meeting was a deliberative, not decisional, effort to elicit information about what 

was occurring, and what corrective courses to initiate across FDA, CDC and other 

agencies with regard to food safety. 

Although FDA was correctly concerned about the high level of public criticism it 

was receiving, and the issue of food-borne illness was, and remains timely and important, the agency personnel presented a request for a significant budgetary increase at a time which was not conducive in the fiscal calendar budget cycle. Moreover, the meeting was not comprised of the appropriate personnel to allow for informed decision-making of such budgetary consequence. 

The statement that the plan was ‘‘rejected’’ is an overstatement, although there 

were questions about certain elements of the FDA plan. There was an exchange of 

views, not a blanket denial of FDA’s presentation. Indeed, although the article 

claims that HHS ‘‘rejected the FDA plan,’’ it also quotes Dr. Acheson (formerly) of 

FDA rightly noting that ‘‘nothing was ruled in or out’’ at the meeting. There were 

no decisions expected at the meeting, and the FDA Commissioner, the FDA chief 

medical officer for CFSAN, and (to my recollection) the HHS budget chief were not 

at the meeting, nor were they expected to be. 

Every night when we gather with our families to enjoy dinner, the last thing any 

of us wants to worry about is whether the meal will harm us. I believe, as I did 

in 2007, that the Nation’s food safety system should rely on prevention, intervention, and response. If confirmed, I am committed to supporting FDA in their efforts 

33 

to ensure the safety of the American food supply and provide appropriate flexibility 

for farmers and others in regulated industry. 

ACA/AMERICAN HEALTH CARE ACT

Question. Mr. Hargan, when you were Acting Deputy Secretary during the Bush 

administration, you gave several speeches noting that there were 45 million Americans without insurance. The most recent estimates are that there are 29 million uninsured Americans. 

The percentage of Americans without health insurance has dropped from 15% 

during the Bush administration to 9% at the end of the Obama administration. 

You said during our meeting this week that the Affordable Care Act has been successful in lowering the number of uninsured Americans. Do you stand by that by 

that statement? 

Do you support the Republican bill that the Congressional Budget Office says will 

result in 23 million Americans losing their health insurance? 

Answer. As we have seen under the ACA, having insurance coverage is no guarantee of access to quality care. All Americans ought to have access to quality, affordable health care. The President has made clear his hope and plan for health-care 

reform. If confirmed, I look forward to working with Congress to make certain that 

every single American has access to the coverage they want for themselves and their 

families. 

CHIP FUNDING EXTENSION

Question. In FY 2016 the Children’s Health Insurance Program (CHIP) covered 

nearly 9 million children in families who earn too much to qualify for Medicaid but 

still lack access to affordable private coverage. While this successful, bipartisan program is permanently authorized, current law only provides Federal funding to 

States through FY 2017. Five States are expected to spend their remaining CHIP 

allotments in the first quarter of the next fiscal year while 29 more States and the 

District of Columbia are expected to spend their remaining CHIP allotments by 

March 2018. In January, MACPAC submitted a report to Congress advising a 5-year 

clean extension. The National Governors Association (NGA) and the Bipartisan Policy Center (BPC) have recommended similar multiyear extensions of Federal funding for CHIP. 

Mr. Hargan, your record on CHIP is concerning. In your own words, ‘‘Why should 

we all be concerned at the prospect of expanding SCHIP? SCHIP is a governmentsubsidized insurance program. The more people it covers, the more it crowds out 

free market insurance, due to the tax payer subsidy. And the more the government 

controls the health-care market, the more it has to ration.’’ 

How will you reconcile your previous position on CHIP with your potential future 

role at HHS? What do you view is your responsibility to implement programs as directed by Congress? 

Answer. If confirmed, I will faithfully implement the law as written by Congress. 

Notably, the President’s FY 2018 budget proposes an additional 2-year extension of 

CHIP through FY 2019 and returns the program’s focus to our most vulnerable and 

low-income children. I look forward to implementing a CHIP program which prioritizes our most vulnerable and low-income children as written by Congress. 

Question. Understanding that the program has been permanently authorized, that 

HHS administers the program, and that there is long-standing bipartisan congressional support for its future, how would you direct HHS to continue implementing 

the program? 

Answer. It is important that every child has access to high-quality health coverage, and CHIP plays an important role in accomplishing this objective, but there 

is also a need for coordinated family coverage in the private market and employer 

plans, and providing States necessary flexibility. 

CONTRACEPTIVE MANDATE

Question. The Affordable Care Act requires insurance plans to cover all FDAapproved birth control methods. This has enormously benefitted women, enabling 

more than 55 million women to access birth control without out-of-pocket costs. As 

a result, women using the birth control pill saved $1.4 billion in 2013. 

34 

On May 31st, through a leaked draft regulation, the country learned that the U.S. 

Department of Health and Human Services was considering broadening the number 

of employers and insurers eligible for moral or religious exemptions from the mandate. If finalized, the rule could leave hundreds of thousands of women with outof-pocket costs when seeking birth control. 

If you are confirmed as Deputy Secretary of HHS, would you support regulations 

or guidance widening the applicability of exemptions to the contraceptive mandate? 

How would you direct HHS to ensure that those individuals who have access to 

all FDA-approved birth control methods without cost-sharing continue to have access to such services and protections? 

Answer. The mission of HHS is to protect the health and well-being of all Americans. I take this mission seriously, and I will work with my new colleagues to do 

everything in our power to support access to quality, affordable health care for all 

Americans. 

There is no doubt that we can ensure access to health care without harming the 

personal freedoms that our Nation was founded upon—in this case the right to the 

free exercise of one’s religious beliefs. If confirmed, I look forward to working together to achieve an appropriate balance that respects all individuals. 

COST-SHARING REDUCTIONS AND COMPETITION

Question. Under the Affordable Care Act, individuals and families with incomes 

100–250% of the Federal Poverty Level (FPL) who are eligible for the premium tax 

credit and enrolled in a silver plan through an exchange are eligible for cost-sharing 

reductions (CSR) to reduce their out-of-pocket costs for health services. For example, 

an individual enrolled in a silver-level plan without CSR might have a deductible 

of $2,400 and a primary care physician visit fee of $20. Enrolled in a CSR plan, an 

eligible enrollee may have lower out-of-pocket burdens of 2,250 and $10, respectively. In 2016, over 6.4 million people—a majority of marketplace enrollees—were 

enrolled in a plan with reduced cost sharing due to CSRs. 

The administration has refused to state whether it will honor this commitment 

to funding CSRs. As reported by independent experts and major insurer executives, 

this uncertainty has threatened the continued participation of insurers in the marketplace. Just recently, Anthem announced that it was withdrawing from the Ohio 

exchange, citing the ‘‘lack of certainty of funding for cost sharing reduction subsidies.’’ As a result, 10,500 patients in 20 counties could be left without a clear path 

to affordable medical care in 2018. 

Question. Would you agree that the Federal Government should honor its financial commitment to reimburse insurers for the CSR program? Will you commit to 

working, to the best of your ability, to fully fund these subsidies, which enable affordable medical care for millions of people? 

The independent Kaiser Family Foundation has reported that a refusal to pay 

these subsidies could end up costing the Federal Government $2.3 billion, since the 

Federal Government will have to compensate for these lost subsidies through additional premium tax credits. Do you believe it is fiscally responsible to withhold these 

reimbursements from insurers? 

Because the administration has caused such uncertainty in the market, consumers in bare counties where all insurers have exited the Marketplaces may face 

extreme barriers to accessing affordable medical care. What is the responsibility of 

HHS to these consumers? 

Do you commit to encouraging insurers to offer plans to consumers residing in 

bare counties? How do you plan to fulfill this commitment? 

Answer. It is my understanding that there is ongoing litigation regarding this 

matter, but Congress could resolve uncertainty about the payments by passing legislation to address the current law’s failed funding structure. 

We need to move in a direction where insurers offer products people want, and 

give them the coverage they want so that they can get the care they need. While 

Congress works to pass legislation, I will help work to mitigate the damage being 

done by providing needed flexibility to issuers to help attract healthy consumers to 

enroll in health insurance coverage, improve the risk pool and, as much as possible 

under the current laws, bring stability and certainty to the individual and small 

group markets, while increasing the options for patients and providers. 

35 

ENFORCEMENT OF REGULATIONS

Question. After a regulation is finalized and codified in the Code of Federal Regulations (CFR), Federal agencies have the authority and responsibility to enforce 

these final rules. At HHS, regulatory enforcement requires the multiple departments within HHS to coordinate their activities. Most notably, the HHS Office of 

the Inspector General (IG) is responsible for oversight of Medicare and Medicaid. 

In addition, the HHS Office of the General Counsel (OGC) supports the development 

and implementation of HHS programs. Such implementation includes enforcement 

activities. 

How will you ensure enforcement of final rules and other regulatory guidance at 

HHS? 

What standards and procedures will you set to assure different branches of HHS 

coordinate their enforcement of final rules? 

After learning that enforcement of specific programs is insufficient, what specific 

steps will you take to improve upon enforcement of programs and activities? 

In your view, what oversight issues would raise the need for public engagement 

to improve enforcement? 

How will you engage with the public to inform enforcement and accountability activities of HHS programs? 

If Congress draws your attention to potential gaps in program oversight, how will 

you work with members of Congress to address and close these gaps? 

Answer. If confirmed, I will faithfully implement laws written by Congress and 

the regulations issued by the Department. It is exceptionally important that the different branches of HHS coordinate their enforcement of final rules. To facilitate 

this, I will implement standards and procedures that establish clear lines of communication between departments and require their routine input on implementation. 

Public engagement with HHS will be of the utmost importance. I plan to continue 

making sure that publicly available resources, such as 1–800–MEDICARE, and the 

HHS Inspector General Tipline are maintained and promoted so the public can actively help us fight fraud and abuse. If a member of Congress contacts the Department with issues or concerns about any HHS program, I promise that each instance 

will be a top priority. The work of Congress and its staff is valuable in identifying 

and solving problems, and I look forward to working closely with the Congress in 

the years to come. 

SECTION 1115 AND 1332 WAIVERS

Question. Section 1115 of the Social Security Act provides the U.S. Department 

of Health and Human Services (HHS) Secretary with the authority to approve demonstration projects that promote the objectives of Medicaid and the Children’s 

Health Insurance Program (CHIP). 

Section 1332 of the Patient Protection and Affordable Care Act (ACA) provides the 

Secretary with broad authority to approve waivers to the certain ACA exchange and 

coverage provisions if the applications meet four criteria: ensure that individuals get 

insurance coverage that is at least as comprehensive as provided under the ACA; 

ensure that insurance coverage offered to individuals is at least as affordable as it 

would be under the ACA; ensure that as many people are covered as would be under 

the ACA; and not increase the Federal deficit. 

How will you enforce the transparency requirements for section 1115 and section 

1332 waiver requests and proceedings? 

Public input is a critical element of the waiver process. How will you promote 

greater public awareness and input in waiver generation and consideration at the 

State and Federal level? 

How will you ensure that any approvals of section 1115 waivers promote the objectives of the Medicaid statute and do not allow for misguided policies like work 

requirements, lock out periods, and onerous cost-sharing and premiums that do not 

align with congressional intent? 

In March, HHS Secretary Price noted that the agency would conduct a review of 

existing waiver procedures to provide greater freedom for States. To the extent such 

review is conducted and any changes are considered, how will you ensure compliance with the rules and requirements established by the Administrative Procedure 

Act? 

36 

Answer. At issue is whether health-care decisions are better made in Washington 

or by people in their local communities. Additional State flexibility will allow more 

of these decisions to be made locally, closest to the doctors and patients with their 

own unique sets of needs and challenges. Health-care decisions are best made locally. If confirmed as Deputy Secretary, I would focus on providing States the maximum amount of flexibility within the confines of the law to allow health-care decisions to be made by doctors and patients where the needs of the patients come first 

in accordance with the rules and requirements established by the Administrative 

Procedure Act. 

PRESIDENTIAL EXECUTIVE ORDER ON REDUCING REGULATION

Question. On January 30th, the President signed an executive order requiring executive departments and Federal agencies (‘‘agencies’’) to identify and eliminate two 

existing regulations for every one new regulation they issue. In addition, the heads 

of all agencies are required to ensure the incremental cost of all new regulations 

is no greater than zero. 

The executive order requires that the repeal of existing regulations be in accordance with the Administrative Procedure Act (APA), which specifies notice and comment rulemaking procedures, and other applicable law. Under the APA, agencies 

are required to provide the public with notice of a proposed rulemaking and a meaningful opportunity to comment on the rule. 

If confirmed as Deputy Secretary of HHS, how will you implement this executive 

order? 

Answer. If confirmed, I will work aggressively to monitor and oversee full compliance with the executive order, in accordance with the APA and the relevant case 

law, and solicit input from both policy staff and those organizations responsible for 

implementation. I will look to implement additional tools, as necessary, across the 

Department to achieve the requirements set in the executive order, while remaining 

faithful to the mission of the Department. 

Question. How will you determine which existing regulations to repeal? 

Answer. I look forward to reviewing the existing protocols within the Department 

to identify opportunities to reduce barriers getting in the way of the Department’s 

mission which is to enhance the health and well-being of Americans by providing 

for effective health and human services and by fostering sound, sustained advances 

in the sciences underlying medicine, public health, and social services. 

Question. Will you require that HHS publicly identify which two regulations it 

plans to repeal at the same time as the new rule is proposed? If not, within what 

time frame will those two regulations be publicly identified? 

Answer. If confirmed, in accordance with the APA, I will follow the requirements 

of the executive order and the guidance provided by OMB. 

Question. How will you ensure that the process for repealing existing regulations 

complies with the APA’s notice and comment rulemaking procedures—including providing a meaningful opportunity for stakeholders to provide comments? Will you 

commit to providing a minimum of 30 days for the comment period? 

Answer. See above. 

Question. Many of the new rules issued by CMS are statutorily required annual 

payment updates (e.g., the Medicare Physician Fee Schedule annual rule). Is it your 

understanding that the executive order requires CMS to identify two existing regulations to repeal each time CMS issues one of these annual payment updates? 

Answer. If confirmed, I will work with HHS staff, including CMS and OGC, to 

review all rules and regulations and ensure compliance with the President’s executive order and the ACA. 

Question. How will you determine the incremental cost of those statutorily required annual payment updates? How will you determine the incremental cost of 

new regulations more generally? 

Answer. I will work in consultation with OMB to ensure consistency across the 

government and draw on the analytical and human capital resources of the Department. 

37 

FUNDING FOR THE CENTER FOR BIOLOGIC POLICY EVALUATION

Question. On your OGE Form 278, you disclosed that you were the President of 

the Center for Biologic Policy Evaluation. The Center’s website states that ‘‘CBPE 

is a 501(c)(3) organization. Initial funding was provided by Amgen Inc. in the form 

of an unrestricted grant.’’ Amgen is a major medical biotech company with many 

interests before the Department of Health and Human Services. From the organization’s publicly available filings, it appears that this contribution was made in 2013. 

What role did you play in obtaining this funding from Amgen, if any? To what 

extent did you directly or indirectly communicate with Amgen since the grant was 

made in 2013 concerning the Center and its activities? Are there any other sources 

of funding besides Amgen for the Center? If so, please identify those sources and 

your role in securing that funding. 

Answer. I played no role in obtaining this unrestricted grant funding from Amgen. 

I communicated with Amgen on one matter concerning the Center and obtaining 

payment from Amgen for one of CBPE’s contractors, the Tidwell Group. This was 

the only time I communicated with Amgen regarding the Center. 

There were no other sources of funding, to my knowledge. 

FINANCE COMMITTEE MEMBER REQUESTS

Question. As discussed during your confirmation hearing, you and other nominees 

were asked to ensure that you would directly respond to requests for information 

by the Finance Committee or any member of the committee. As the Deputy Secretary of Health and Human Services, you will serve as the Department’s chief operating officer. 

What actions will you take to ensure that the Department itself is responsive to 

requests by the committee or any member of the committee for information? 

Answer. If confirmed, I will make it a top priority to ensure that the Office of the 

Assistant Secretary for Legislation (ASL) has the tools and resources to respond to 

the needs of not only the members of the Senate Finance Committee, but any member of Congress. The ASL office is Congress’s chief point of contact with the Department of Health and Human Services, and I will expect them to make every effort 

to accommodate the requests of the committee. If confirmed, I encourage any member of Congress to contact me if they have any inquiry that is not being adequately 

addressed. 

QUESTIONS SUBMITTED BY HON. DEBBIE STABENOW

PRESIDENT’S BUDGET

Question. As Deputy Secretary, you would oversee operations in all areas of HHS 

and work to implement annual budgets, among other things. Do you support the 

President’s FY 2018 HHS budget request in its entirety? If not, what funding levels 

or policy proposals do you have concerns about? 

Answer. I have not been at the Department during the preparation of the budget. 

While I support the President’s budget, I was not at the Department during its formulation. 

MEDICAID

Question. Because of Medicaid expansion in Michigan, 650,000 people have insurance, and uncompensated care has been cut by at least 50%. Thirty thousand jobs 

have been created, and the State will end the year with $432 million more than it 

invested in the program. Do you support the President’s proposed cuts to Medicaid, 

which would decimate these gains in my State? 

Answer. The President’s budget calls for refocusing Medicaid on the elderly, children, pregnant women, and individuals with disabilities. Today, many elderly and 

disabled patients remain on wait lists for crucial long-term care services while 

Obamacare’s Medicaid expansion prioritizes non-disabled, childless adults. The 

President’s budget also provides State-level policymakers new flexibility to advance 

reforms that are tailor-made to meet the unique needs of their citizens. Washington 

needs to stop measuring the success of a program by how much money it spends 

and start focusing on how well it helps those it is intended to serve. We need to 

38 

focus on health outcomes, and that is precisely what the President’s budget sets out 

to do. 

MATERNITY COVERAGE

Question. Prior to the 2010, the vast majority of plans on the individual market 

did not offer maternity coverage. The American Health Care Act would allow insurance companies to eliminate the essential health benefits, including the requirement 

that plans cover pregnancy and childbirth. This could force women and families to 

pay far more for the care they need, or prevent them from having coverage at all. 

Do you believe that all health plans should be required to cover maternity and newborn care? 

Answer. We need to move in a direction where insurers offer products people want 

and give them the coverage they want, so that they can get the care they need. As 

Deputy Secretary, my objective would be to ensure all Americans have access to the 

best and highest quality coverage and care. Having coverage is not meaningful if 

one cannot access the care they need or the quality of care leaves them worse off— 

we must work toward both coverage and care. 

MENTAL HEALTH COVERAGE

Question. Nearly one in five adults has a mental illness, and over 60% of people 

with mental illness do not receive treatment. Do you believe that mental health 

services should be a guaranteed benefit in all health insurance plans? 

Answer. It is important that we as a Nation make sure that every American has 

access to the kind of mental health and substance use disorder treatment that they 

need. As stated above, we also need to move in a direction where insurers offer 

products people want, give them the coverage they want so that they can get the 

care they need. If I am privileged to serve, I will implement the policies agreed upon 

by the Congress and signed into law by the President. 

QUESTIONS SUBMITTED BY HON. ROBERT MENENDEZ

TRUST IN PUBLIC INSTITUTIONS

Question. If confirmed, you will serve in a position that has been referred to as 

the ‘‘Chief Operating Officer’’ of the Department of Health and Human Services. 

You will serve underneath and report to Secretary Price, who has repeatedly called 

into question in recent months the reliability of the Congressional Budget Office, despite having personally recommended and vouched for the current head of that office. 

Do you have faith in the CBO’s ability to produce non-partisan analysis of congressional legislation? 

Answer. The Congressional Budget Office is full of great, hardworking individuals; however, their estimates have proven inaccurate in many areas of significance. 

The CBO’s work is based on estimates. Estimates are often incorrect. 

Question. Do you believe that if the CBO projects that the American Health Care 

Act will result in over $800 billion in funding cuts to Medicaid and 14 million fewer 

people enrolled in Medicaid in the next 10 years, that this in fact is not a cut to 

the Medicaid program, as Secretary Price has suggested? 

Answer. Our Nation’s health-care system is in critical need of reform because the 

former administration and the CBO got it wrong in the first place. In fact, CBO estimated that 25 million people would be covered in Obamacare’s exchanges in 2017. 

They were off by 14 million people. It’s important to note that the CBO report estimates that total Medicaid spending will increase from 2017–2026. This is an argument about rates of growth in the program, not a cut to overall funding. 

FIDELITY TO SCIENCE

Question. If confirmed, you will serve under President Trump, who has at various 

times called into question the established and repeatedly confirmed scientific fact 

that vaccines have nothing to do with autism. Additionally, I am troubled that a 

number of people hired at the Department in recent months for positions that do 

not require Senate confirmation have espoused views that have no basis in scientific 

fact and do harm to public health. 

39 

Do you believe that vaccines cause autism? 

Answer. The general scientific consensus is that vaccines do not lead to autism 

spectrum disorder. 

Question. Should you be directed by the President or the Secretary to take any 

action that supports the debunked and discredited claims regarding vaccines and 

autism, will you comply? 

Answer. I understand the significant importance of vaccines to our Nation’s public 

health, as well as the importance of patients having confidence in the therapies they 

receive as part of their care. 

Question. Do you believe that abortion causes breast cancer? 

Answer. If confirmed, I will work to hold HHS to the highest scientific standards. 

Question. Do you believe that Charmaine Yoest, who was recently appointed as 

Assistant Secretary for Public Affairs at HHS and who has advanced this debunked 

claim, should continue to serve in this administration? 

Answer. Dr. Yoest has stepped forward to serve her fellow citizens, and I am 

grateful for her willingness to do so. She is joining a department that is fully committed to its mission of protecting the health and well-being of all Americans, and 

will carry out that mission by advancing the President’s agenda that is focused on 

expanding access to quality, affordable health care. 

Question. Do you believe in the efficacy of contraception, such as birth control 

pills? 

Answer. If confirmed, I will work to hold HHS to the highest scientific standards. 

Question. Do you believe that Teresa Manning, who was recently appointed as 

Deputy Assistant Secretary for Population Affairs, meaning that she will oversee 

the title X family planning program, and who has stated that she believes that contraception doesn’t work, should continue to serve in this administration? 

Answer. Ms. Manning has stepped forward to serve her fellow citizens, and I am 

grateful for her willingness to do so. She too is joining a department that is fully 

committed to its mission of protecting the health and well-being of all Americans, 

and will carry out that mission by advancing the President’s agenda that is focused 

on expanding access to quality, affordable healthc are. 

AUTISM CARES ACT

Question. In 2014, I authored the Autism Collaboration, Accountability, Research, 

Education, and Support Act of 2014, also known as the Autism CARES Act. Among 

its provisions is a requirement that the Secretary of Health and Human Services 

submit a report to the Senate Finance Committee concerning the challenges associated with the transition of young adults with autism from school-based services to 

those available in adulthood. This report is nearly a year overdue. 

When will this report be finalized? Will you work with the Secretary and staff to 

finalize and submit this report to Congress by August 8, 2017? 

Answer. I am not currently employed at HHS, and therefore have no inside 

knowledge of the status of this report, nor the cause of any delays. However, I look 

forward to following up with your office should I receive the confidence of the Senate. 

QUESTIONS SUBMITTED BY HON. MARIA CANTWELL

BASIC HEALTH PROGRAM

Question. The Basic Health Program (section 1331 of the Affordable Care Act), 

which I authored, is an innovative, State-run plan that is delivering high-quality 

and low-cost health care to more than 750,000 low-income Americans and counting. 

Through the Basic Health Program, States utilize Federal financing to insure individuals with incomes between 138 and 200 percent of the Federal poverty level 

through managed care plans. In States participating in this voluntary Affordable 

Care Act option, we are seeing low premiums and deductibles, high levels of enrollment, robust insurance competition, and cumulative State budget savings of more 

than $1 billion. The operating principle behind the Basic Health Program is that 

40 

bundling up a low-income population can result in low premiums, high enrollment, 

a healthy risk pool, and take-up from private insurers. 

Do you support the Basic Health Program as a way to empower States to negotiate a better deal on health insurance for their citizens? 

If confirmed as Deputy Secretary of HHS, will you direct CMS to continue to administer the Basic Health Program as it is authorized under current law? 

If Congress enacts future legislation to repeal the Affordable Care Act, will you 

use your discretionary authority to ensure that individuals currently covered by the 

Basic Health Program can keep their health insurance? 

Answer. States ought to be empowered to innovate and find solutions for their 

citizens with respect to health care, in the area of insurance and otherwise. For example, HHS is seeking to empower States through section 1332 waivers to achieve 

the administration’s top priorities, including improving patients’ access to affordable 

care, slowing the rate of premium growth to improve the risk pool, bringing stability 

to the individual and small group markets, and increasing consumer choice. 

A patient-centered health-care system will provide Americans access to quality, 

affordable health-care coverage, empowering individuals and families to choose the 

coverage that best meets their needs, and give States flexibility to address the diverse needs of their most vulnerable populations. If confirmed, I stand ready to implement reform that increases patient choices and strengthens access to quality care 

for individuals across the country. 

LONG-TERM CARE ‘‘REBALANCING’’ 

Question. Federal ‘‘rebalancing’’ programs, including the Balancing Incentive Program (section 10202 of the Affordable Care Act), are helping States transition their 

Medicaid long-term care population from expensive nursing homes to cost-effective 

home- and community-based care. The vast majority of seniors, including dualeligible beneficiaries, would like to stay in their own home. Twenty-one diverse 

States, including your home State of Illinois, have participated in the Balancing Incentive Program under the Affordable Care Act and are successfully rebalancing 

their populations to community-based care—resulting in a better patient experience 

and lower costs to the health-care system. In fact, Washington State alone saved 

$2.7 billion over a 15 year period through its own rebalancing efforts. 

Do you support such ‘‘rebalancing’’ efforts? 

Do you agree with me that transitioning patients to lower-cost settings can yield 

cost savings for public programs, including Medicaid? 

Do you support policies wherein the Federal Government incents States to ‘‘rebalance’’ their long-term care populations? 

Do you support the Balancing Incentive program in the Affordable Care Act? 

Answer. I support the Department’s efforts to comply with the laws as written by 

Congress. I also support Americans being in charge of their health-care decisions 

and dollars as well as meaningful flexibility for Washington and others States to 

best care for their most needy citizens. If confirmed, I will support the Department’s 

efforts to that end and encourage greater State innovation. 

PREPARED STATEMENT OF HON. ORRIN G. HATCH, 

A U.S. SENATOR FROM UTAH

WASHINGTON—Senate Finance Committee Chairman Orrin Hatch (R–Utah) today 

delivered the following opening statement at a hearing to consider a number of 

pending Department of Treasury and Department of Health and Human Services 

(HHS) nominations: 

Today we will consider the nominations of Eric Hargan to serve as Deputy Secretary of Health and Human Services; David Malpass to serve as Under Secretary 

for International Affairs of the Treasury; Andrew Maloney to serve in a position to 

be designated as Assistant Secretary for Legislative Affairs of the Treasury; and 

Brent McIntosh to serve as General Counsel for the Treasury. 

Welcome, all of you, to the Finance Committee. 

We appreciate your willingness to serve in these important positions. 

41 

Before I get too far along, I want to thank all of my fellow Senators for their support and presence today. As we all know, the government is like a giant clock with 

many important pieces, gears, and cogs. Today we are taking an important step toward adding several more important pieces to keep that clock functioning as it 

should. 

It is also good to see that, despite some frustrations over the past few months, 

we have been able to return to normal working order for processing nominees. As 

we all know, that process includes bipartisan input, comity, good faith, and a fair 

and robust vetting process. I would like to thank my colleagues, particularly Senator 

Wyden, for working to move this process along. 

Each of these nominees will have important roles in the administration, and we’ll 

talk more about the individual posts and our nominees’ excellent credentials and experience as the hearing goes on. 

But, before we get to that, I want to be very clear about my expectations regarding responsiveness to congressional inquiries. 

Regardless of party affiliation, it is essential that the administration make it a 

top priority to respond to inquiries from members of Congress. 

Let me say this a bit differently to make sure I’m clear. It does not matter who 

the President is, nor does it matter which member of Congress is making the request. When an inquiry is submitted to any administrative agency, we rightly expect 

to receive a timely and responsive answer in return. 

In the years that I have been the lead Republican on this committee, I have asked 

virtually all of our nominees to commit to being cooperative and responsive to congressional inquiries. I have full confidence in each of the nominees that are before 

us today. I don’t have any reason to believe that they intend to stonewall members 

of Congress. But, I will ask all of them to make a similar pledge to provide timely 

and responsive answers to questions coming from members of this committee. 

With that, I look forward to hearing from each our nominees as they share their 

visions and views here today. I also look forward to what I hope will continue to 

be a full and fair committee process that allows us to process these nominations and 

report them to the full Senate in short order. 

I’ll now recognize Senator Wyden for his opening statement. 

PREPARED STATEMENT OF ANDREW K. MALONEY, NOMINATED TO BE DEPUTY UNDER

SECRETARY FOR LEGISLATIVE AFFAIRS, DEPARTMENT OF THE TREASURY

Chairman Hatch, Ranking Member Wyden, and distinguished members of the 

Senate Finance Committee, it is an honor to appear before you today. I am humbled 

to have been recommended by Treasury Secretary Steven Mnuchin and nominated 

by the President of the United States to serve as Assistant Secretary for Legislative 

Affairs at the Treasury Department. I have deep respect for the history of the Department and fully appreciate the footsteps that I must follow to uphold the traditions and mission of this position. 

I would like to take a moment to thank my family who are here today: first, my 

wife, Dr. Sabra Klein, who is an accomplished professor at Johns Hopkins University; our two children, Madeline and Stella; my father, a former Marine, Kerry 

Maloney, and my mother, Geri Maloney, whose first job was as a staffer to Congressman Sonny Montgomery; my in-laws, Colonel Pete Klein and his wife, retired 

public school teacher Marilyn Klein. 

I would also like to thank all the members and staff that I have been able to visit 

with over the past couple of weeks. I enjoyed meeting with you and hearing your 

perspective. If confirmed, I look forward to continuing the dialogue we have started 

and my door will always be open. 

I grew up on a small farm in Rockingham County, Virginia. We raised poultry, 

sheep, and some beef cows. I was active in 4–H, and the Future Farmers of America. Since my mother worked on Capitol Hill and my uncle was convention coordinator to Hubert Humphrey’s Presidential campaign, politics was always a discussion 

at our dinner table. I caught the bug early in life and wanted to work in government. 

My first opportunity to work on Capitol Hill was a college internship, working in 

the press office of Virginia Senator John Warner. My job was to look through hard 

42 

copies of the local newspapers for articles where he was mentioned, cut each article 

out, tape it on another piece of paper, photocopy and distribute it as part of the 

press clippings. 

Upon completing college, I worked as a legislative aide in the Virginia General 

Assembly, gaining a firsthand view of how States must address budget and economic concerns. Upon completion of the General Assembly, I returned to Washington, DC to pursue law school and work on Capitol Hill. During law school, I was 

able to spend a summer working for the Honorable Laurence J. Whalen at the U.S. 

Tax Court. Following law school, I was very fortunate to spend 5 years working in 

the House of Representatives. I oversaw and managed the legislative and State 

staff, reinforcing the importance of responding to the needs of constituents. I worked 

on a range of issues that included energy, financial services, tax, trade, appropriations and transportation. I also served in House leadership and keenly understand 

the legislative dynamic between leadership and the committees and the need to 

work with colleagues in a bipartisan manner. 

I left Capitol Hill in 2002 to join a government affairs firm. During my tenure 

at the firm, I was asked to become the chief executive officer. In addition to providing strategic counsel to the firm clients, I was responsible for managing the dayto-day business of the company, coordinating with our parent company, and handling marketing and staffing decisions. I was very proud to have helped build one 

of the most successful bipartisan firms. After leaving the firm, I joined an American 

energy company, where I created an integrated global external affairs function, focusing on the intersection of public policy, public affairs and economic conditions. 

As you know, the Treasury Department helps preserve and promote financial stability and security here in the United States and around the world. The Department 

has one of the most important functions in our government and is the premier financial institution in the world. I fully understand the enormity of the role of the 

Office of Legislative Affairs and the importance of the relationship this office has 

with Congress. If confirmed, I commit to being responsive to you and your staff. I 

will strive to ensure your views are communicated within the Department and 

pledge to maintain an open line of communication between the Department and 

Congress. 

Again, I would like to thank Chairman Hatch, Ranking Member Wyden, the Senators, and the staff for your consideration. I look forward to responding to any questions that you may have. 

SENATE FINANCE COMMITTEE 

STATEMENT OF INFORMATION REQUESTED 

OF NOMINEE 

A. BIOGRAPHICAL INFORMATION 

1. Name (include any former names used): Andrew Kerwin Maloney. 

2. Position to which nominated: Deputy Under Secretary, designated Assistant 

Secretary for Legislative Affairs. 

3. Date of nomination: May 10, 2017. 

4. Address (list current residence, office, and mailing addresses): 

5. Date and place of birth: March 30, 1969, Washington, DC. 

6. Marital status (include maiden name of wife or husband’s name): 

7. Names and ages of children: 

8. Education (list secondary and higher education institutions, dates attended, degree received, and date degree granted): Turner-Ashby High School, August 

1983–June 1987, graduated June 1987; Randolph-Macon College, August 1987– 

May 1991, bachelors in political science, received degree in May 1991; and 

Catholic University of America, Columbus School of Law, August 1993–June 

1996, juris doctorate received in June 1996. 

43 

9. Employment record (list all jobs held since college, including the title or description of job, name of employer, location of work, and dates of employment): 

Campaign Manager, Tommy Norment for State Senate, Williamsburg, VA, 

1991. Managed state Senate campaign. 

Legislative Aide, Senator Tommy Norment, Richmond, VA, 1992. Managed legislative activities for Senator. 

Vice President, Carlyle Gregory Company, Falls Church, VA, 1992–1993. Assisted managing political campaigns at state and congressional level. 

Summer Clerk, U.S. Tax Court, Washington, DC, summer 1994. Clerked for the 

Honorable Laurence Whalen. 

Legislative Liaison, Robertson, Monagle, and Eastaugh, Arlington, VA, 1995– 

1997. Assisted partners with Alaska-based legislative/law firm on various client 

initiatives, while attending law school. 

Legislative Assistant, Congressman Roger Wicker, Washington, DC, 1997–1998. 

Assisted member with appropriations issues, legislative correspondence, and 

campaign finance reform. 

Legislative Counsel, Congressman Ed Bryant, Washington, DC, 1998–1999. Assisted member with Judiciary Committee issues. 

Administrative Assistant/Legislative Director, Majority Whip Tom DeLay, 

Washington, DC, 1999–2002. Managed Congressional office, assisted on energy 

and state-related issues. 

Partner/CEO Federalist Group/Ogilvy Government Relations, Washington, DC, 

2002–2012. Provided strategic and government advocacy services to multiple clients over a 10-year period. Federalist Group was sold to WPP in 2005, changed 

name to Ogilvy Government Relations, then became CEO in 2009. 

Senior Advisor, Republican National Committee, Washington, DC, 2012. 

Worked with RNC and Romney campaign on congressional outreach. 

Legislative Outreach Director, Romney Readiness Project, Washington, DC, 

2012. Managed and oversaw preparations for legislative initiatives including 

lame duck decisions, nominations, and first 200 day priorities. 

Vice President, Hess Corporation, Washington, DC, 2012–current. Manage and 

oversee global communications, government affairs, and corporate social responsibility. 

10. Government experience (list any advisory, consultative, honorary, or other parttime service or positions with Federal, state, or local governments, other than 

those listed above): All positions listed above. 

11. Business relationships (list all positions held as an officer, director, trustee, 

partner, proprietor, agent, representative, or consultant of any corporation, company, firm, partnership, other business enterprise, or educational or other institution): Listed above, former partner at the Federalist Group. 

12. Membership (list all memberships and offices held in professional, fraternal, 

scholarly, civic, business, charitable, and other organizations): Randolph-Macon 

College, member, board of trustees; Meridian International Center, member, 

board of trustees and executive committee; Business Government Relations 

Council, member, board of directors; Chamber of Commerce, member, public affairs council; John Hay Institute, chairman, Energy Security Committee; Young 

Presidents’ Organization, gold member; Arthur Page Society, member; District 

of Columbia Bar Association; Virginia State Bar Association; Holy Trinity 

Catholic Church, member, Development Committee; Cleveland Park Historical 

Society, former board member; The Metropolitan Club, member; Columbia 

Country Club, member; and Cleveland Park Club, member. 

13. Political affiliations and activities: 

a. List all public offices for which you have been a candidate. 

None. 

b. List all memberships and offices held in and services rendered to all political 

parties or election committees during the last 10 years. 

Washington, DC Republican Party Committee; Senior Advisor, Republican 

National Committee. 

44 

c. Itemize all political contributions to any individual, campaign organization, 

political party, political action committee, or similar entity of $50 or more for 

the past 10 years. 

Andrew K. Maloney Individual Contributions 

Contributions to All Other Political Committees Except Joint Fundraising Committees 

Employer Occupation Committee Name Transaction Date Amount 

Federalist Group Attorney Bayou Leader Political Action Committee 11/20/2003 $500 

Federalist Group LLC Executive Help America’s Leaders Political Action Committee 

(HALPAC) 

5/16/2003 $1,000 

Federalist Group LLC Executive Promoting Republicans You 

Can Elect Political Action 

Committee 

8/23/2004 $500 

Federalist Group LLC Bryant, Edward G. via Ed 

Bryant for U.S. Senate 

Inc. 

7/25/2002 $250 

Federalist Group Consultant Good Fund, The 7/26/2006 $3,000 

Federalist Group Consultant Good Fund, The 6/3/2009 $1,000 

Federalist Group Executive Keep Our Mission PAC 9/29/2004 $2,000 

Federalist Group Lobbyist Nunes, Devin G. via Devin 

Nunes Campaign Committee 

5/15/2007 $500 

Federalist Group Managing Director 21st Century PAC 5/31/2006 $1,000 

Federalist Group LLC Associate Tauzin, Wilbert J., III via 

Tauzin for Congress 

6/28/2004 $500 

Federalist Group LLC Executive Help America’s Leaders Political Action Committee 

(HALPAC) 

5/25/2006 $1,000 

Federalist Group LLC Executive Lewis, Jerry via Jerry Lewis 

Political Action Committee 

5/15/2006 $1,000 

Federalist Group LLC Executive Rely On Your Beliefs Fund 3/10/2005 $2,500 

Federalist Group LLC Executive Rely On Your Beliefs Fund 7/28/2005 $1,000 

Federalist Group LLC Vice President Shuster, William via Bill 

Shuster for Congress 

8/8/2005 $1,000 

Federalist Group LLC Vice President Shuster, William via Bill 

Shuster for Congress 

5/15/2014 $2,500 

Federalist Group LLC Vice President Shuster, William via Bill 

Shuster for Congress 

2/23/2007 $1,000 

Federalist Group Lobbyist Shuster, William via Bill 

Shuster for Congress 

8/30/2004 $500 

Hess Corporation Global Government Affairs Gillespie, Edward W. via Ed 

Gillespie for Senate 

2/25/2014 $2,600 

45 

Andrew K. Maloney Individual Contributions—Continued 

Contributions to All Other Political Committees Except Joint Fundraising Committees 

Employer Occupation Committee Name Transaction 

Date Amount 

Hess Corporation Global Government Affairs Gillespie, Edward W. via Ed 

Gillespie for Senate 

3/6/2015 $500 

Hess Corporation Vice President, Government 

Affairs and Public Policy 

Hess Corporation Political 

Action Committee (Hess 

PAC) 

4/9/2014 $5,000 

Hess Corporation Vice President, Government 

Affairs and Public Policy 

Hess Corporation Political 

Action Committee (Hess 

PAC) 

11/27/2015 $400 

Hess Corporation Vice President, Government 

Affairs and Public Policy 

Hess Corporation Political 

Action Committee (Hess 

PAC) 

12/24/2015 $400 

Hess Corporation Vice President, Government 

Affairs and Public Policy 

Hess Corporation Political 

Action Committee (Hess 

PAC) 

1/21/2016 $400 

Hess Corporation Vice President, Government 

Affairs and Public Policy 

Hess Corporation Political 

Action Committee (Hess 

PAC) 

2/19/2016 $400 

Hess Corporation Vice President , Government 

Affairs and Public Policy 

Hess Corporation Political 

Action Committee (Hess 

PAC) 

3/31/2016 $600 

Hess Corporation Vice President, Government 

Affairs and Public Policy 

Hess Corporation Political 

Action Committee (Hess 

PAC) 

4/28/2016 $400 

Hess Corporation Vice President, Government 

Affairs and Public Policy 

Hess Corporation Political 

Action Committee (Hess 

PAC) 

5/26/2016 $400 

Hess Corporation Vice President, Government 

Affairs and Public Policy 

Hess Corporation Political 

Action Committee (Hess 

PAC) 

6/23/2016 $400 

Hess Corporation Vice President, Government 

Affairs and Public Policy 

Hess Corporation Political 

Action Committee (Hess 

PAC) 

7/21/2016 $400 

Hess Corporation Vice President, Government 

Affairs and Public Policy 

Hess Corporation Political 

Action Committee (Hess 

PAC) 

8/18/2016 $400 

Hess Corporation Vice President, Government 

Affairs and Public Policy 

Hess Corporation Political 

Action Committee (Hess 

PAC) 

9/29/2016 $600 

Hess Corporation Vice President, Government 

Affairs and Public Policy 

Hess Corporation Political 

Action Committee (Hess 

PAC) 

10/13/2016 $200 

Hess Corporation Vice President, Government 

Affairs and Public Policy 

Hess Corporation Political 

Action Committee (Hess 

PAC) 

11/25/2016 $600 

46 

Andrew K. Maloney Individual Contributions—Continued 

Contributions to All Other Political Committees Except Joint Fundraising Committees 

Employer Occupation Committee Name Transaction 

Date Amount 

Hess Corporation Vice President, Government 

and External Affairs 

Nunes, Devin G. via Devin 

Nunes Campaign Committee 

3/27/2015 $500 

Hess Corporation Vice President, Global Government Affairs and Public Policy 

Stefanik, Elise M. via Elise 

for Congress 

9/16/2013 $2,600 

Hess Corporation Hess Corporation Political 

Action Committee (Hess 

PAC) 

12/22/2016 $400 

Hess Corporation Hess Corporation Political 

Action Committee (Hess 

PAC) 

1/20/2017 $400 

Hess Corporation Hess Corporation Political 

Action Committee (Hess 

PAC) 

2/16/2017 $400 

Ogilvy Government Relations CEO Grassley, Charles E., Senator via Grassley Committee Inc. 

6/15/2011 $500 

Ogilvy Government Relations Consultant Good Fund, The 6/8/2011 $2,500 

Ogilvy Government Relations Government Affairs Wicker, Roger F. via Wicker 

for Senate 

6/30/2008 $2,300 

Ogilvy Government Relations Government Affairs Wicker, Roger F. via Wicker 

for Senate 

9/25/2009 $2,000 

Ogilvy Government Relations Government Affairs Wicker, Roger F. via Wicker 

for Senate 

9/25/2009 $2,000 

Ogilvy Government Relations Government Affairs Wicker, Roger F. via Wicker 

for Senate 

9/25/2009 $2,000 

Ogilvy Government Relations Government Affairs Wicker, Roger F. via Wicker 

for Senate 

6/17/2011 $500 

Ogilvy Government Relations Government Affairs Wicker, Roger F. via Wicker 

for Senate 

6/17/2011 $2,000 

Ogilvy Government Relations Government Relations Win Back America Political 

Action Committee 

9/30/2009 $1,000 

Ogilvy Government Relations Lobbyist King, Pete via Pete King For 

Congress Committee 

6/29/2009 $500 

Ogilvy Government Relations Management Graham, Lindsey O. via 

Lindsey Graham for Senate 

6/28/2007 $500 

Ogilvy Government Relations Managing Director Thune, John via Friends of 

John Thune 

4/27/2007 $500 

Ogilvy Government Relations CEO Shuster, William via Bill 

Shuster for Congress 

9/15/2011 $1,000 

47 

Andrew K. Maloney Individual Contributions—Continued 

Contributions to All Other Political Committees Except Joint Fundraising Committees 

Employer Occupation Committee Name Transaction 

Date Amount 

Ogilvy Government Relations Managing Director, Government Relations Boehner, John A. via Friends 

of John Boehner 

7/24/20071 $1,000 

Ogilvy Government Relations Managing Director, Government Relations Boehner, John A. via Friends 

of John Boehner 

7/18/2008 $250 

The Federalist Group Partner National Association of 

Chain Drug Stores, Inc. 

Political Action Committee 

5/5/2005 $1,000 

— Information Requested NRSC 2/28/2006 $2,500 

Hess Vice President, Global Government Affairs Scott, Timothy E. via Tim 

Scott for Senate 

5/31/2016 $500 

Hess Vice President, Global Government Affairs Scott, Timothy E. via Tim 

Scott for Senate 

6/21/2013 $500 

Hess Corporation Vice President, Government 

Affairs 

Heartland Values PAC 5/7/2013 $1,500 

Hess Corporation Vice President, Government 

Affairs 

Thune, John via Friends of 

John Thune 

1/14/2015 $1,000 

Hess Corporation Vice President, Global Government Affairs Tiberi, Patrick J. via Tiberi 

for Congress 

6/12/2014 $1,000 

Ogilvy Government Relations CEO Meehan, Patrick L. via Pat 

Meehan for Congress 

11/14/2011 $500 

Ogilvy Government Relations Management Majority Committee PAC— 

MC PAC 

4/9/2011 $5,000 

Ogilvy Government Relations CEO Scott, Timothy via Tim Scott 

for Congress 

6/14/2011 $500 

Ogilvy Government Relations Chief Executive Officer Rokita, Theodore Edward via 

Hoosiers for Rokita, Inc. 

5/8/2012 $500 

Ogilvy Government Relations Government Relations Win Back America Political 

Action Committee 

2/24/2009 $500 

Ogilvy Government Relations Lobbyist Boozman, John via Boozman 

for Arkansas 

5/13/2010 $500 

Ogilvy Government Relations Lobbyist Boozman, John via Boozman 

for Arkansas 

9/17/2010 $500 

Ogilvy Government Relations Lobbyist Boozman, John via Boozman 

for Arkansas 

10/1/2010 $500 

Ogilvy Government Relations Lobbyist Castle, Michael N. via 

CastlePAC LLC 

12/18/2009 $1,000 

Ogilvy Government Relations Lobbyist Castle, Michael N. via 

CastlePAC LLC 

6/30/2010 ¥$1000 

Ogilvy Government Relations Lobbyist Castle, Michael N. via 

CastlePAC LLC 

6/30/2010 $1,000 

48 

Andrew K. Maloney Individual Contributions—Continued 

Contributions to All Other Political Committees Except Joint Fundraising Committees 

Employer Occupation Committee Name Transaction 

Date Amount 

Ogilvy Government Relations Lobbyist Castle, Michael N. via 

CastlePAC LLC 

6/30/2010 $2,400 

Ogilvy Government Relations Lobbyist Tiahrt, Todd via Kansans for 

Tiahrt 

7/19/2010 $1,400 

Ogilvy Government Relations Lobbyist Walden, Gregory P. via Walden for Congress 9/23/2009 $500 

Castle, Michael N. via 

Castlepac LLC 

10/4/2010 ¥$1,000 

Federalist Group Associate Barton, Joe Linus via The 

Congressman Joe Barton 

Committee 

11/24/2003 $1,000 

Hess Corporation Vice President, Global Government Affairs and Public Policy 

NRSC 9/17/2013 $25,000 

Ogilvy Government Relations Government Affairs Blunt, Roy via Friends of 

Roy Blunt 

5/19/2009 $2,000 

Ogilvy Government Relations Government Affairs Blunt, Roy via Friends of 

Roy Blunt 

10/1/2010 $1,000 

Ogilvy Government Relations Government Affairs Blunt, Roy via Friends of 

Roy Blunt 

10/28/2010 $1,000 

Information Requested Per 

Best Efforts 

NRSC 5/27/2008 $500 

Information Requested Per 

Best Efforts 

Information Requested Per 

Best Efforts 

NRSC 6/27/2013 $5,000 

Federalist Group Government Relations Bush, George W. via BushCheney 2004 (Primary) 

Inc. 

6/18/2003 $2,000 

Federalist Group Managing Director Freedom Project; The 6/30/2006 $2,500 

Info Requested Info Requested NRCC 6/30/2005 $500 

The Federalist Group Consultant New Republican Majority 

Fund 

5/9/2006 $1,000 

Federalist Group LLC Executive Davis, Geoffrey C. via Geoff 

Davis for Congress 

3/31/2006 $500 

Federalist Group LLC Executive Fund for a Conservative Future 4/3/2003 $1,000 

Federalist Group LLC Executive Pete’s Political Action Committee 12/31/2003 $1,000 

Federalist Group LLC Lobbyist American Liberty Political 

Action Committee 

5/7/2004 $500 

Federalist Group LLC/Executive Executive Rely on Your Beliefs Fund 7/21/2003 $1,000 

49 

Andrew K. Maloney Individual Contributions—Continued 

Contributions to All Other Political Committees Except Joint Fundraising Committees 

Employer Occupation Committee Name Transaction 

Date Amount 

Ogilvy Government Relations Lobbyist Opportunity and Responsibility Restored in Our Nation PAC 

8/9/2010 $1,000 

Federalist Group Consultant Crane, Philip M. via Crane 

for Congress Committee 

10/29/2004 $1,000 

Federalist Group Partner Sweeney, John E. via 

Sweeney for Congress, 

Inc. 

7/28/2005 $1,000 

Federalist Group Partner Sweeney, John E. via 

Sweeney for Congress, 

Inc. 

8/23/2006 $1,000 

Federalist Group Vice President Fossella, Vito via Committee 

to Re-Elect Vito Fossella 

4/22/2008 $500 

Federalist Group LLC Executive Help America’s Leaders Political Action Committee 

(HALPAC) 

7/17/2007 $500 

Federalist Group LLC Executive Help America’s Leaders Political Action Committee 

(HALPAC) 

3/31/2008 $1,000 

Federalist Group LLC Executive Help America’s Leaders Political Action Committee 

(HALPAC) 

10/26/2010 $1,000 

Federalist Group LLC Government Consultant Bilirakis, Gus M. via Bilirakis For Congress 9/29/2008 $500 

Hess Corporation Vice President, Global Government Affairs Trust PAC Team Republicans for Utilizing Sensible Tactics 

6/30/2014 $2,500 

Ogilvy Government Relations Managing Director Burgess, Michael C. Dr. via 

Michael Burgess for Congress 

12/18/2007 $500 

Ogilvy Government Relations Managing Director Burgess, Michael C. Dr. via 

Michael Burgess for Congress 

12/15/2009 $500 

Ogilvy Government Relations Managing Director Trust PAC Team Republicans for Utilizing Sensible Tactics 

4/5/2011 $2,500 

Ogilvy Government Relations Managing Director Camp, David Lee via Dave 

Camp for Congress 

10/22/2007 $500 

Ogilvy Government Relations Managing Director Camp, David Lee via Dave 

Camp for Congress 

12/21/2007 $1,000 

Sonnenschein Nath Attorney Longhorn PAC 9/29/2006 $1,000 

The Federalist Group Consultant McCrery, James O., III via 

McCrery for Congress 

Committee 

6/8/2006 $1,000 

50 

Andrew K. Maloney Individual Contributions—Continued 

Contributions to All Other Political Committees Except Joint Fundraising Committees 

Employer Occupation Committee Name Transaction 

Date Amount 

The Federalist Group Consultant McCrery, James O., III via 

McCrery for Congress 

Committee 

9/28/2007 $1,000 

The Federalist Group/Government Relation Government Relations House Conservatives Fund 7/27/2006 $1,000 

Boehner, John A. via Friends 

of John Boehner 

11/16/2015 ¥$2,700 

Boehner, John A. via Friends 

of John Boehner 

12/31/2016 $2,700 

NRCC 7/21/2011 ¥$5,000 

Ogilvy CEO Ribble, Reid J. Rep. via 

Ribble for Congress 

11/29/2011 $1,000 

Ogilvy CEO Ribble, Reid J. Rep. via 

Ribble for Congress 

5/29/2012 $500 

Ogilvy Government Relations CEO Hudson, Richard L., Jr. via 

Hudson for Congress 

10/31/2011 $250 

Ogilvy Government Relations CEO Lucas, Frank D. via Lucas 

for Congress 

9/30/2011 $500 

Oglilvy Government Relations Lobbyist Graves, Samuel B., Jr. 

‘‘Sam’’ via Graves for 

Congress 

11/06/2009 $250 

Oglilvy Government Relations Lobbyist Graves, Samuel B., Jr. 

‘‘Sam’’ via Graves for 

Congress 

3/22/2010 $500 

Federalist Group Associate Barton, Joe Linus via The 

Congressman Joe Barton 

Committee 

3/17/2005 $1,000 

Federalist Group Associate Texas Freedom Fund 3/21/2003 $1,000 

Federalist Group LLC Associate Responsibility and Freedom 

Work PAC (RFWPAC) 

7/14/2003 $500 

Federalist Group LLC Associate Responsibility and Freedom 

Work PAC (RFWPAC) 

10/12/2004 $500 

Ogilvy Government Relations Managing Director Upton, Frederick Stephen via 

Upton for All of Us 

12/20/2007 $1,000 

Ogilvy Government Relations CEO NRCC 4/20/2012 $30,000 

Self Consultant Republican National Committee 12/31/2013 $15,000 

Federalist Group Consultant Mica, John L. via Mica for 

Congress 

3/29/2007 $500 

Federalist Group LLC Partner Republican National Committee 3/19/2008 $5,000 

51 

Andrew K. Maloney Individual Contributions—Continued 

Contributions to All Other Political Committees Except Joint Fundraising Committees 

Employer Occupation Committee Name Transaction 

Date Amount 

Federalist Group LLC Executive Davis, Geoffrey C. via Geoff 

Davis for Congress 

3/11/2008 $500 

Federalist Group LLC Government Relations Republican Party of Virginia 

Inc. 

7/10/2014 $1,000 

Federalist Group LLC Member Sodrel, Michael E. via 

Friends of Mike Sodrel 

10/26/2004 $500 

Federalist Group LLC President Rigell, Edward Scott via 

Rigell for Congress 

10/26/2010 $1,000 

Federalist Group LLC Managing Director Keller, Richard Anthony via 

Keller for Congress 

5/5/2008 $500 

Federalist Group LLC Managing Director Keller, Richard Anthony via 

Keller for Congress 

9/26/2008 $500 

Ogilvy Government Relations Government Relations Consultant Johnson, Sam via Friends of 

Sam Johnson 

9/28/2009 $500 

Ogilvy Government Relations Consultant Mica, John L. via Mica for 

Congress 

8/14/2007 $1,000 

Ogilvy Government Relations Government Relations Free and Strong America 

PAC, Inc. 

7/21/2008 $5,000 

Ogilvy Government Relations Government Relations Free and Strong America 

PAC, Inc. 

3/12/2009 $2,500 

Ogilvy Government Relations Lobbyist NRCC 2/27/2009 $2,500 

Ogilvy Government Relations Managing Director Rounsaville, John Walter via 

John Rounsaville for Congress 

11/2/2007 $500 

Ogilvy Government Relations Managing Director White, Darren P. via Darren 

White for Congress 

8/4/2008 $500 

Ogilvy Government Relations CEO Upton, Frederick Stephen via 

Upton for All of Us 

12/12/2011 $2,500 

The Federalist Group Associate Barton, Joe Linus via the 

Congressman Joe Barton 

Committee 

8/11/2005 $1,000 

The Federalist Group Associate Texas Freedom Fund 11/19/2007 $2,500 

Information Requested NRCC 10/26/2007 $2,500 

Hess Corporation Vice President, Government 

and External Affairs 

Cheney, Elizabeth via Liz 

Cheney for Wyoming 

6/25/2016 $1,000 

Ogilvy Government Relations CEO Kinzinger, Adam via 

Kinzinger for Congress 

6/30/2011 $500 

Ogilvy Government Relations Government Relations NRCC 4/21/2010 $10,000 

Ogilvy Government Relations Government Relations NRCC 4/21/2010 $10,000 

52 

Andrew K. Maloney Individual Contributions—Continued 

Contributions to All Other Political Committees Except Joint Fundraising Committees 

Employer Occupation Committee Name Transaction 

Date Amount 

Ogilvy Government Relations Lobbyist Free and Strong America 

PAC, Inc. 

8/26/2009 $2,500 

0gilvy Government Relations Lobbyist Free and Strong America 

PAC, Inc. 

2/18/2010 $5,000 

Ogilvy Government Relations CEO Grimm, Michael via Michael 

Grimm for Congress 

12/19/2011 $500 

Federalist Group LLC Executive Pickering, Charles W. 

‘‘Chip,’’ Jr. via Pickering 

for Congress 

3/9/2007 $500 

Total Contributions $250,100.00 

Andrew K. Maloney Joint Fundraising Contributions 

These are contributions to committees that are raising funds to be distributed to other committees 

The breakdown of these contributions to their final recipients may appear below 

Employer Occupation Committee Name Transaction Date Amount 

Federalist Group Executive Team Texas Committee 9/28/2004 $1,500 

Ogilvy Government Relations Executive Boehner for Speaker 9/15/2010 $10,000 

Hess Corporation Vice President, Government 

Affairs 

Boehner for Speaker 3/28/2013 $30,000 

Hess Corporation Vice President Boehner for Speaker 6/22/2015 $25,000 

Hess Corporation Vice President, Government 

Affairs 

Boehner for Speaker 7/31/2014 $25,000 

Total Joint Fundraising $91,500.00 

Andrew K. Maloney Recipient of Joint Fundraiser Contributions 

These are the final recipients of joint fundraising contributions 

Employer Occupation Committee Name Transaction 

Date Amount 

Hess Corporation Vice President, Global Government Affairs NRCC 3/31/2013 $30,000 

Hess Corporation Vice President, Global Government Affairs NRCC 6/22/2015 $19,600 

Hess Corporation Vice President, Global Government Affairs NRCC 7/31/2014 $22,400 

Self Consultant Republican National Committee 9/25/2012 $20,000 

Hess Corporation Vice President, Government 

Affairs 

Boehner, John A. via Friends 

of John Boehner 

7/31/2014 $2,600 

Hess Corporation Vice President, Government 

Affairs 

Boehner, John A. via Friends 

of John Boehner 

6/22/2015 $2,700 

53 

Andrew K. Maloney Recipient of Joint Fundraiser Contributions—Continued 

These are the final recipients of joint fundraising contributions 

Employer Occupation Committee Name Transaction 

Date Amount 

Hess Corporation Vice President, Government 

Affairs 

Boehner, John A. via Friends 

of John Boehner 

6/22/2015 $2,700 

Ogilvy Government Relations Government Relations NRCC 10/15/2010 $10,000 

Recipient Total $110,000.00 

14. Honors and awards (list all scholarships, fellowships, honorary degrees, honorary society memberships, military medals, and any other special recognitions 

for outstanding service or achievement): 

None. 

15. Published writings (list the titles, publishers, and dates of all books, articles, 

reports, or other published materials you have written): ‘‘How to Influence Government,’’ Moses Mercado and Drew Maloney, Forbes, January 19, 2009; and 

‘‘Lessons in Navigating U.S. Economic Rapids,’’ Jamie Moeller and Drew Maloney, China Daily, June 6, 2006. 

16. Speeches (list all formal speeches you have delivered during the past 5 years 

which are on topics relevant to the position for which you have been nominated): 

No formal speeches. 

17. Qualifications (state what, in your opinion, qualifies you to serve in the position 

to which you have been nominated): 

During college, I interned on Capitol Hill, and following college I worked in Virginia’s General Assembly. I have always been interested in public policy and 

government. After law school, I returned to Capitol Hill and worked on various 

issues for more than 5 years. I knew that I wanted to return to government 

later in my life. Now, after more than 25 years managing complex public policy 

issues, I look forward to the possibility of returning. I understand the need to 

build support for public policy positions and to be responsive to various constituencies. My background on Capitol Hill and the private sector offers a good perspective of how to support the Treasury Department and appreciate the importance of the legislative bodies. 

B. FUTURE EMPLOYMENT RELATIONSHIPS 

1. Will you sever all connections with your present employers, business firms, associations, or organizations if you are confirmed by the Senate? If not, provide 

details. 

Yes. 

2. Do you have any plans, commitments, or agreements to pursue outside employment, with or without compensation, during your service with the government? 

If so, provide details. 

No. 

3. Has any person or entity made a commitment or agreement to employ your 

services in any capacity after you leave government service? If so, provide details. 

No. 

4. If you are confirmed by the Senate, do you expect to serve out your full term 

or until the next presidential election, whichever is applicable? If not, explain. 

Yes. 

54 

C. POTENTIAL CONFLICTS OF INTEREST 

1. Indicate any investments, obligations, liabilities, or other relationships which 

could involve potential conflicts of interest in the position to which you have 

been nominated. 

None. I have consulted with Department of the Treasury’s ethics staff and the 

Office of Government Ethics regarding potential issues arising out of my financial holdings, past income, and past employment relationships. These have been 

addressed in the ethics agreement I entered into with the Department of the 

Treasury’s designated agency ethics official. I am not aware of any other potential conflicts of interest. 

2. Describe any business relationship, dealing or financial transaction which you 

have had during the last 10 years, whether for yourself, on behalf of a client, 

or acting as an agent, that could in any way constitute or result in a possible 

conflict of interest in the position to which you have been nominated. 

I am not aware of any business relationship or financial transaction which 

would constitute a conflict of interest. 

3. Describe any activity during the past 10 years in which you have engaged for 

the purpose of directly or indirectly influencing the passage, defeat, or modification of any legislation or affecting the administration and execution of law or 

public policy. Activities performed as an employee of the Federal Government 

need not be listed. 

For the past 41⁄2 years, I have been vice president of Hess Corporation, overseeing its communications, social responsibility, and government affairs operation. The company was a strong supporter and advocate of overturning the 

crude oil export ban. The company engaged on a variety of energy and environmental issues. Prior to Hess, I served as CEO for Ogilvy Government Relations. 

My focus was on the energy practice, advocating for oil and gas and power generators before Congress. I also assisted my partners with financial service, 

transportation, and other client interests. All advocacy activities from Ogilvy 

are publicly filed with the House and Senate. 

4. Explain how you will resolve any potential conflict of interest, including any 

that may be disclosed by your responses to the above items. 

I have executed an ethics agreement with the Department of the Treasury’s designated agency ethics official and will abide by the terms of such agreement. 

If confirmed, I will consult with ethics counsel in the event that I identify a potential conflict of interest. 

D. LEGAL AND OTHER MATTERS 

1. Have you ever been the subject of a complaint or been investigated, disciplined, 

or otherwise cited for a breach of ethics for unprofessional conduct before any 

court, administrative agency, professional association, disciplinary committee, or 

other professional group? If so, provide details. 

No. 

2. Have you ever been investigated, arrested, charged, or held by any Federal, 

State, or other law enforcement authority for a violation of any Federal, State, 

county or municipal law, regulation, or ordinance, other than a minor traffic offense? If so, provide details. 

No. 

3. Have you ever been involved as a party in interest in any administrative agency 

proceeding or civil litigation? If so, provide details. 

No. 

4. Have you ever been convicted (including pleas of guilty or nolo contendere) of 

any criminal violation other than a minor traffic offense? If so, provide details. 

No. 

5. Please advise the committee of any additional information, favorable or unfavorable, which you feel should be considered in connection with your nomination. 

I am not aware of additional information. 

55 

E. TESTIFYING BEFORE CONGRESS 

1. If you are confirmed by the Senate, are you willing to appear and testify before 

any duly constituted committee of the Congress on such occasions as you may 

be reasonably requested to do so? 

Yes. 

2. If you are confirmed by the Senate are you willing to provide such information 

as is requested by such committees? 

Yes. 

QUESTIONS SUBMITTED FOR THE RECORD TO ANDREW K. MALONEY

QUESTION SUBMITTED BY HON. DEBBIE STABENOW

Question. There are disturbing reports that the Trump administration has been 

instructing his Secretaries and their staffs not to respond to questions and requests 

from Democratic members of Congress. If true, this is very troubling news, as not 

only does Congress have an important oversight role over the executive branch, but 

also, members of Congress often need to request urgent information on behalf of 

constituents or about issues of key local importance. 

If confirmed, will you commit to being equally responsive to members of Congress 

on both sides of the aisle? 

Answer. It is my understanding that party affiliation has no influence on how the 

Department of the Treasury responds to requests from members of Congress. If confirmed, I intend to respond, consistent with legal obligations, to all inquiries from 

members of Congress. 

QUESTION SUBMITTED BY HON. BILL NELSON

Question. How would you advise the Treasury Secretary to engage with Democrats on tax reform? 

Answer. If confirmed, I would plan to offer advice and counsel to the Secretary 

and other Treasury Department officials based on lessons learned from my years of 

service on Capitol Hill. During that time, I came to understand and fully appreciate 

the dynamic between Congress and the executive branch, as well as the need to 

work with colleagues in a bipartisan manner. Complex legislative issues, such as 

reforming our tax code, are strengthened when work is done to find areas of agreement between both parties. 

QUESTIONS SUBMITTED BY HON. ROBERT P. CASEY, JR. 

Question. Mr. Maloney, if the Treasury General Counsel on their own, or at the 

direction of White House Counsel, advises that it is appropriate for you to only respond to Republican offices and not Democratic offices, will you adhere to such guidance? 

Answer. It is my understanding that party affiliation has no influence on how the 

Department of the Treasury responds to requests from members of Congress. If confirmed, I intend to respond, consistent with legal obligations, to all inquiries from 

members of Congress. 

Question. Mr. Maloney, if the Treasury General Counsel on their own, or at the 

direction of White House Counsel, directs that you only respond to requests from 

Republican offices and not Democratic offices, will you inform the chairman and 

ranking member of the Finance Committee promptly that you have been directed 

to not respond to Democratic requesters? 

Answer. See response to question above. 

Question. Mr. Maloney, if confirmed, in your capacity as Deputy Under Secretary 

for Legislative Affairs, would you advise the Secretary to respond to Senators’ requests for information regardless of their party affiliation? That is, would you advise 

the Secretary that it is improper to only respond to requests from Republican offices 

and not requests from Democratic offices? 

56 

Answer. See response to my first question. 

Question. Mr. Maloney, Republican members of the Finance Committee were provided OneWest Bank foreclosure data over 4 months ago. In January 2017, I followed up on my direct verbal request for this information with a question for the 

record, where the Secretary responded, ‘‘I have requested the additional [foreclosure] information.’’ 

When can I expect to receive the data I requested on OneWest Bank’s foreclosures 

in Pennsylvania, and nationally? 

Answer. Although I do not have access to any specifics concerning this matter, 

I can commit to work with your office on this request, if confirmed. 

Question. Mr. Maloney, at his nomination hearing, Secretary Mnuchin told the 

committee in his sworn testimony that while head of OneWest Bank he sent a letter 

to HUD raising concerns about their reverse mortgage guidance. I requested a copy 

of that letter over 4 months ago. In January 2017, I followed up on this verbal request with a question for the record where the Secretary responded, ‘‘I have requested the additional [foreclosure] information as well as the referenced [reverse 

mortgage] letter.’’ 

When can I expect to receive a copy of this letter? 

Answer. Although I do not have access to any specifics concerning this matter, 

I can commit to work with your office on this request, if confirmed. 

Question. Mr. Maloney, directly following Secretary Mnuchin’s appearance before 

the Finance Committee on May 25, 2017, Secretary Mnuchin was delivered a letter 

asking he provide the committee by end of business the following day a copy of his 

request to CIT for foreclosure information and his request for a copy of the letter 

he claims he sent to HUD regarding reverse mortgages. The committee has yet to 

receive a copy of this correspondence. 

When can we expect to receive a copy of the Secretary’s correspondence to CIT 

requesting OneWest Bank’s State and national foreclosure information, and his letter on reverse mortgages? 

Answer. Although I do not have access to any specifics concerning this matter, 

I can commit to work with your office on this request, if confirmed. 

PREPARED STATEMENT OF DAVID MALPASS, NOMINATED TO BE UNDER SECRETARY

FOR INTERNATIONAL AFFAIRS, DEPARTMENT OF THE TREASURY

Chairman Hatch, Ranking Member Wyden, and distinguished members of the Finance Committee, thank you for the opportunity to appear before you today and for 

your consideration of my nomination to be Under Secretary of the Treasury for 

International Affairs. I am deeply honored by the President’s decision to nominate 

me, and I have very much appreciated meeting with many members of the committee and your staff this spring. 

Before discussing my own background, I would like to thank my wonderful wife, 

Adele, and our four children—Robert, Emily, Julia, and Peter—for their support. 

Adele is a former Senate Budget Committee staffer and someone who cares deeply 

about pursuing policies that promote prosperity for all Americans. I am particularly 

grateful for her hard work and support over the last year and her unwavering commitment to our Nation. 

We especially miss our parents on this occasion. They were keenly interested in 

public policy and would have been very proud to be here. Both our fathers died last 

year. They were intensely patriotic, served in the army in World War II, and chose 

to be buried with military honors. Adele’s mother died earlier, and my mother was 

not able to travel from Colorado, but I can feel their encouragement today as the 

Nation faces major challenges. 

While the position to which I have been nominated primarily relates to international issues, my meetings with many of you focused on the local impact on your 

constituents. I listened to the variety and depth of your interests and concerns, and 

it was a particular pleasure to meet with Senators from States where I have strong 

personal ties—namely Oregon, Colorado, Georgia, and Louisiana. If confirmed, I 

look forward to working with you on a wide range of international issues—knowing 

they will have significant impacts on citizens of every State. 

57 

Specifically, the Under Secretary for International Affairs is responsible for directing U.S. financial and economic relations with foreign countries and managing our 

roles in multilateral financial institutions such as the IMF and World Bank. The 

position also involves supervising those charged with running the CFIUS process, 

coordinating global financial regulatory standards, negotiating agreements affecting 

the U.S. financial sector, providing technical assistance to foreign financial systems, 

and protecting the trustworthiness of the U.S. dollar. I am ready and eager to take 

on these important responsibilities and believe my upbringing, education, and 40- 

year career spanning government, finance, and economics have provided me with a 

solid foundation. 

I was raised in East Jordan, a small town in northern Michigan. My great grandfather started an iron foundry there in 1883 that was expanded by my grandfather, 

father, and the cousins I grew up with. The East Jordan Iron Works (now EJ Co.) 

is a fifth-generation global business, which still prides itself on productivity, hard 

work, good-paying jobs, and strong communities. 

After earning a degree in physics, I worked as a contract administrator at Esco, 

a foundry in Portland, Oregon. We made high-alloy steel used in digging equipment, 

nuclear castings, and pulp mills. Both companies are emblematic of the challenges 

and opportunities that will continue to face our economy in the coming decades— 

they battle foreign competition yet have prospered through innovation, flexibility, 

talented leadership, and strong, skilled workers. 

During the Reagan and first Bush Presidencies, I worked on economic and international affairs at the Treasury and State Departments and served on the staff of 

the Senate Budget Committee and the Joint Economic Committee. I had the privilege of working for Secretary James Baker and for Senators Pete Domenici and Bill 

Roth on many of the economic issues of the 1980s and early 1990s—including the 

1986 tax reform act, the 1988 trade act, debt limit increases, and fiscal and monetary policy. I also participated in the policy responses to the Latin America debt crisis, the 1987 stock market crash, and the savings and loan crisis. At the Treasury 

Department, I headed the Developing Nations group, which was responsible for fiscal and monetary programs, the multilateral development banks, debt restructurings, and the securitization of debt through sovereign bonds. 

After completing my government service, I moved to New York to work for Bear 

Stearns on macroeconomic analysis, later becoming chief economist. I subsequently 

started my own firm, Encima Global, which produced research on monetary and fiscal policy, markets, and currencies. I have written extensively for Forbes, The Wall 

Street Journal, and other national publications on growth, ways to improve spending and tax policies, the Federal Reserve, and currency stability as a core path to 

higher living standards. 

The theme of my upbringing, career, and publications is that policies have a big 

impact on growth, jobs, and wages, and that a key goal of fiscal and monetary policy 

development is to create higher living standards for working and middle-income citizens in the United States and around the world. 

If confirmed, I will endeavor to fulfill my duties by working closely with this committee, and others in the Senate and House of Representatives in order to execute 

the law and develop sound administration policies and initiatives. This would include helping our domestic industries remain competitive while encouraging foreign 

investment in the United States that creates more jobs here. I will also work to promote sound policies abroad and more growth—these are strongly in our national interest both in terms of markets for our products and national security. Finally, our 

international policies need to work toward broader prosperity—if confirmed, I will 

work to build a stronger U.S. and global economy that raises real median incomes. 

Thank you again for the opportunity to appear before you today. I am happy to 

answer any questions you may have. 

58 

SENATE FINANCE COMMITTEE 

STATEMENT OF INFORMATION REQUESTED 

OF NOMINEE 

A. BIOGRAPHICAL INFORMATION 

1. Name (include any former names used): David Robert Malpass. 

2. Position to which nominated: Treasury Under Secretary for International Affairs. 

3. Date of nomination: March 21, 2017. 

4. Address (list current residence, office, and mailing addresses): 

5. Date and place of birth: March 8, 1956, Petoskey, Michigan. 

6. Marital status (include maiden name of wife or husband’s name): 

7. Names and ages of children: 

8. Education (list secondary and higher education institutions, dates attended, degree received, and date degree granted): 

Institution Dates 

Attended Degree Received Degree Date 

Fellow, Georgetown University School of 

Foreign Service 

1983 Courses in international 

economics 

None 

University of Denver 1977–1978 MBA May 1978 

Portland State University 1976–1977 Courses in accounting None 

Colorado College 1973–1976 BA (physics) May 1976 

Moscow State University 1975 Courses in Russian None 

Cornell University 1972 Courses in Russian None 

Fairview High School 1970–1973 Diploma May 1973 

9. Employment record (list all jobs held since college, including the title or description of job, name of employer, location of work, and dates of employment): 

Encima Global LLC, president, New York, NY, June 2008–February 2017. 

JP Morgan, economist, New York, NY, March 2008–June 2008. 

Bear Stearns, chief economist, January 2002–March 2008; Chief International 

Economist, February 1993–January 2002, New York, NY, February 1993– 

March 2008. 

U.S. State Department, Deputy Assistant Secretary (Latin America Economic 

Affairs), Washington, DC, June 1990–January 1993. 

Joint Economic Committee, Republican Staff Director, Washington, DC, March 

1989–June 1990. 

U.S. Treasury Department, Deputy Assistant Secretary (Developing Nations), 

April 1988–February 1989; Legislative Manager, March 1986–April 1988, 

Washington, DC, March 1986–March 1989. 

Senate Budget Committee, Senior Analyst for Taxes and Trade, International 

Economist, Washington, DC, January 1984–March 1986. 

Self-employed, computer systems consultant, Portland, Oregon, October 1981– 

September 1983. 

59 

Consolidated Supply Co., Controller/CFO, Portland, Oregon, October 1979–October 1981. 

Arthur Andersen and Co., computer systems consultant, Portland, Oregon, August 1978–October 1979. 

Esco (Electric Steel) Corp., assistant contract administrator, Portland, Oregon, 

November 1976–August 1977. 

McDonald’s breakfast chef, Boulder, Colorado, September 1976. 

Regal Industries, industrial electrician, Long Beach, California, June–July 

1976. 

10. Government experience (list any advisory, consultative, honorary, or other parttime service or positions with Federal, State, or local governments, other than 

those listed above): Member of Illinois Debt Commission established by Senator 

Mark Kirk, 2006; and Member of Congressional ‘‘Blue Ribbon Panel on Dynamic 

Budget Scoring’’ 2002. 

11. Business relationships (list all positions held as an officer, director, trustee, 

partner, proprietor, agent, representative, or consultant of any corporation, company, firm, partnership, other business enterprise, or educational or other institution): 

President, Encima Global LLC. 

Partner, Vencerx Therapeutics LLC. 

Director, GKCC, Gary Klinsky Children’s Center. 

Trustee, Manhattan Institute. 

Director, New Mountain Finance Corp. (resigned March 2017). 

Director, UBS Managed Municipal Trust. 

Director, UBS Investment Trust. 

Director, UBS Money Series. 

Director, Pace Select Advisors Trust. 

Director, UBS RMA Money Market Inc. 

Director, UBS Master Trust. 

Director, UBS RMA Tax-Free Fund Inc. 

Director, Strategic Global Income Fund, Inc. 

Director, Global High Income Fund Inc. 

Director, Managed High Yield Plus Fund Inc. 

In addition to the foregoing, as president of Encima Global LLC, I was, in turn, 

engaged by a number of clients to provide economic research and consulting 

services (as disclosed in my Form 278 filing). 

12. Memberships (list all memberships and offices held in professional, fraternal, 

scholarly, civic, business, charitable, and other organizations): Member, Economic Club of New York; member, Council on Foreign Relations. 

13. Political affiliations and activities: 

a. List all public offices for which you have been a candidate. 

Candidate for U.S. Senate, New York, 2010. 

b. List all memberships and offices held in and services rendered to all political 

parties or election committees during the last 10 years. 

Senior economic advisor, presidential campaign of Rudy Giuliani, 2008; senior economic advisor, presidential campaign of Donald Trump, 2016; treasurer, Grow Pac, 2010–2017 (a federal PAC); and treasurer, Grow Pac, 2011– 

2017 (a NY state PAC). 

c. Itemize all political contributions to any individual, campaign organization, 

political party, political action committee, or similar entity of $50 or more for 

the past 10 years. 

Malpass Political Contributions 

Date Amount Recipient 

3/31/07 $4,600 Giuliani, Rudolph W., via Rudy Giuliani Presidential Committee Inc. 

4/27/07 ($2,300) Giuliani, Rudolph W., via Rudy Giuliani Presidential Committee Inc.1

6/14/07 $2,300 Giuliani, Rudolph W., via Rudy Giuliani Presidential Committee Inc. 

6/29/07 $2,300 Kirk, Mark Steven, via Kirk for Senate 

60 

Malpass Political Contributions—Continued 

Date Amount Recipient 

6/29/07 $1,700 Kirk, Mark Steven, via Kirk for Senate 

7/10/07 ($2,300) Giuliani, Rudolph W., via Rudy Giuliani Presidential Committee Inc.2

7/10/07 $2,300 Giuliani, Rudolph W., via Rudy Giuliani Presidential Committee Inc. 

3/4/08 ($2,300) Giuliani, Rudolph W., via Rudy Giuliani Presidential Committee Inc.3

5/21/08 $2,300 McCain, John S., via John McCain 2008, Inc. 

5/21/08 $2,300 McCain, John S., via McCain-Palin Compliance Fund 

5/31/08 $2,300 McCain Victory 2008 

7/31/08 $2,300 Republican National Committee 

10/19/08 $500 Kirk, Mark Steven, via Kirk for Senate 

9/22/09 $2,400 Kirk, Mark Steven, via Kirk for Senate 

1/13/10 $2,000 NY State Conservative Party 

1/28/10 $2,000 NY State Conservative Campaign Committee 

2/5/10 $1,000 NY County Republicans 

2/8/10 $1,000 New York Republican County Committee 

2/22/10 $500 Queens County Housekeeping Account 

3/8/10 $500 Malpass, David Robert, via David Malpass for Senate 

4/16/10 $300 National Republican Senatorial Committee 

6/4/10 $150 Michael Faulkner via Michael Faulkner for Congress 

7/13/10 $2,300 Republican Campaign Committee of New York (R) 

8/29/10 $1,000 Erie County Republican Party 

8/29/10 $100 Michael Faulkner via Michael Faulkner for Congress 

9/10/10 $1,000 Erie County Republican Committee-Finance 

9/30/10 $100,000 Malpass, David Robert, via David Malpass for Senate 

9/30/10 $1,500,000 Malpass, David Robert, via David Malpass for Senate 

12/15/10 $7,000 Malpass, David Robert, via David Malpass for Senate 

12/30/10 $5,000 Malpass, David Robert, via David Malpass for Senate 

3/3/11 $9,000 Grow PAC 

3/17/11 $1,000 Malpass, David Robert, via David Malpass for Senate 

6/24/11 $2,000 New York Republican County Committee Housekeeping Account 

7/1/11 $8,000 Grow PAC 

7/7/11 $1,000 NY Conservative Party 

8/4/11 $1,500 Lincoln PAC (Illinois) 

8/9/11 $250 Friends of Paul Niehaus 

9/21/11 $1,000 Grow PAC 

9/22/11 $2,500 Perry, James R. (Rick), via Perry for President, Inc. 

11/3/11 $5,000 Grow PAC 

1/19/12 $2,500 Romney, Mitt/Paul D. Ryan, via Romney for President, Inc. 

1/23/12 $200 Grow PAC 

3/2/12 $500 Republican County Committee of New York 

3/6/12 $400 NY Republican Federal Campaign Committee 

3/9/12 $2,500 Mourdock, Richard E., via Hoosiers for Richard Mourdock Inc. 

6/4/12 $30,800 Republican National Committee 

6/4/12 $2,500 Romney, Mitt/Paul D. Ryan, via Romney for President, Inc. 

6/9/12 $500 NY Republican Federal Campaign Committee 

7/13/12 $500 Republican Campaign Committee of New York (R) 

7/27/12 $1,000 Altschuler, Randolph, via Randy Altschuler for Congress 

7/31/12 $4,150 Republican Party of Idaho (R) 

7/31/12 $4,150 Oklahoma Leadership Council (R) 

7/31/12 $4,150 Vermont Republican Federal Elections Committee (R) 

7/31/12 $4,150 Republican State Committee of Massachusetts (R) 

9/30/12 $500 Carvin, Joseph, via Carvin 2012 

10/26/12 $10,000 National Republican Congressional Committee (R) 

10/26/12 $10,000 National Republican Senatorial Committee (R) 

11/1/12 $1,000 Flake, Jeff, via Jeff Flake for U.S. Senate Inc. 

11/4/12 $1,000 Brown, Scott P., via Fiscal Responsibility PAC 

1/18/13 $250 New York Republican County Committee Housekeeping Account 

2/13/13 $1,500 Lhota, Joseph J. (for Mayor of New York) 

5/8/13 $630 Joe Lhota for Mayor, Inc. 

6/10/13 $1,000 Gomez, Gabriel, via Gabriel Gomez for Senate 

7/27/13 $500 Lhota, Joseph J. (for Mayor of New York) 

1/10/14 $1,900 Kirk, Mark Steven, via Kirk for Senate 

1/28/14 $1,000 Grow PAC 

3/31/14 $1,500 New York Republican County Committee 

8/1/14 $500 Zeldin, Lee, via Zeldin for Congress 

61 

Malpass Political Contributions—Continued 

Date Amount Recipient 

10/15/14 $2,000 Independent Women 

11/26/14 $2,600 Cassidy, William M., via Bill Cassidy for U.S. Senate 

1/19/15 $500 Grow PAC 

2/27/15 $150 Bronx County GOP 

3/25/15 $800 Kirk, Mark Steven, via Kirk for Senate 

3/25/15 $1,200 Kirk, Mark Steven, via Kirk for Senate 

6/24/15 $2,700 Johnson, Ron Harold, via Ron Johnson for Senate Inc. 

6/30/15 $2,700 Bush, Jeb, via Jeb 2016, Inc. 

6/30/15 $2,700 Portman, Rob, via Portman for Senate Committee 

6/30/15 $500 Kirk, Mark Steven, via Kirk for Senate 

9/28/15 $2,700 Faso, John J., via Faso for Congress 

5/19/16 $1,000 Zeldin, Lee, via Zeldin for Congress 

1 Reattribution to spouse. 

2 Redesignation to general. 

3 Contribution refund. 

14. Honors and awards (list all scholarships, fellowships, honorary degrees, honorary society memberships, military medals, and any other special recognitions 

for outstanding service or achievement): 

• Honorary doctorate, Colorado College, 2007. 

• Institutional Investor Allstar Analyst 2005–2007 (ranked second among Wall 

Street economists in leading survey of institutional investors). 

• Treasury Department commendation for work on 1986 tax reform (by Secretary James Baker, October 3, 1986). 

• Certified Public Accountant, first licensed 1980. 

• University of Denver Dean’s List each term, 1977–1978. 

• Colorado College Dean’s List each term, 1973–1976. 

• Colorado College Physics Department’s nominee for Danforth Fellowship. 

• Colorado College grant for study in USSR, 1975. 

• Boettcher Foundation Scholar, 1973–1978. 

• National Merit Scholar finalist, 1973. 

15. Published writings (list the titles, publishers, and dates of all books, articles, 

reports, or other published materials you have written): 

Malpass Publications 

Publication Title Date 

Policy Change 

Forbes Democracies in Upheaval 12/30/16 

Forbes Trump-Clinton 9.0 Earthquake 11/29/16 

Forbes Eight Outrages Urge Trump to Upend Washington 10/4/16 

NY Times Why Our Economy Needs Trump 9/1/16 

Forbes Trump Using Public’s Anger 7/26/16 

Forbes Upheaval to Reinvent U.S. Politics 5/10/16 

Forbes Can 2016 Be Salvaged for Investors? 2/8/16 

Forbes More Government, Less Representation 5/4/15 

Forbes Peace Through Weakness? 7/21/14 

Forbes IRS Scandal is Tip of the Iceberg 6/24/13 

Forbes Corruption Scandals Rock Big Governments 5/6/13 

Forbes The Battle to Limit Government 2/11/13 

WSJ Romney, Obama, and the Economic Choice 11/6/12 

Forbes Pushing Back a Government Centered Society 5/21/12 

WSJ And the Crisis Winner is Government 12/16/11 

Forbes The Enemy Within 5/23/11 

Forbes Class Warfare Hurts Growth 5/12/11 

Forbes Congress Must Hit the Ground Running 11/22/10 

Forbes Restoring America’s Growth 9/27/10 

Forbes Shakedown 6/28/10 

62 

Publication Title Date 

Policy Change 

Forbes Washington Possessed 5/10/10 

Forbes Need Game Changers, Not ‘‘New Norm’’ 7/13/09 

Forbes Crisis Rules 2/16/09 

Forbes Containing Washington’s Power Bulge 11/10/08 

Federal Reserve 

Cato Preventing Bubbles: Regulation Versus Monetary Policy Fall 2011 

WSJ Pro-Growth Tools for the Frozen Fed 10/7/16 

WSJ More Fed Bond Purchases Are the Wrong Answer 8/30/16 

NY Sun New Course for the Fed Is Growing More Urgent 2/25/16 

WSJ Don’t Blame the Fed’s Interest-Rate Baby Step 2/11/16 

Testimony Cato Monetary Conference—Post Monetarism: Fed’s 

Growth Options 

11/12/15 

Forbes Fed Should Raise Rates to Loosen Policy 9/28/15 

WSJ The Federal Reserve Pulls a Lucy 9/18/15 

NY Sun Fed Awaits the Moment to End Zero Interest and Waits 8/29/15 

NY Sun Right Move for the Fed is Hike in Interest Rates so Markets Come Alive 8/20/15 

Forbes New Course for the Federal Reserve 7/20/15 

WSJ Fed Rate Forecast: Cloudy With a Chance of Slower 

Growth 

3/21/15 

Forbes Lower Inflation—Another Chance for Government Mistakes 2/9/15 

WSJ The World’s Monetary Dead End 1/22/15 

Forbes Big Fed is Big Government 11/24/14 

WSJ Growth Management Isn’t Fed’s Forte 10/16/14 

WSJ The Fed is Looking Like a Sovereign Wealth Fund 9/8/14 

WSJ Now is the Time to Raise Interest Rates 6/9/14 

Forbes Monetary Policy Relief Finally Adding Growth 5/5/14 

WSJ The Fed’s Taper is Already Paying Off 3/14/14 

Forbes The American Income Crisis: The Fed Could Stop It 9/2/13 

Cato Cato Journal Fall 2013—Fed Needs to Change Course 9/1/13 

WSJ The Federal Reserve and M2 Figures 6/7/13 

WSJ Fed Policy is a Drag on Recovery 5/30/13 

Testimony Testimony to House Financial Services Committee on Fed 

Policy 

3/5/13 

E21 Monetary Policy, QE4, and the Next Era of the Federal Reserve 1/23/13 

Testimony Cato Monetary Conference: Fed is Contractionary 11/15/12 

Forbes Smaller Government Fed Should Shrink, Too 9/24/12 

Bush Center The ‘‘Bernanke Put’’ 9/19/12 

Bush Center Twisting the Market 8/20/12 

Bush Center A New Twist on an Old Story 7/3/12 

WSJ The Fed ‘‘Twist’’ That Won’t Dance 9/21/11 

WSJ How the Fed is Holding Back Recovery 10/19/10 

Forbes Fed Should Go Back to Basics 2/8/10 

WSJ Near-Zero Rates Are Hurting the Economy 12/4/09 

National Review The Fed Lacks Urgency 3/24/09 

Cato Cato: Monetary Policy and the Growing Fiscal Imbalance 6/22/07 

Fincl Executive A World of Liquidity 11/29/06 

WSJ Fed-Side Manner; Interest Rates Too Low 5/11/06 

Fortune Surviving Rate Hikes Will Be Easier Than You Think 3/8/04 

Testimony House Financial Services Committee Testimony on econ/ 

monetary policy 

4/30/03 

WSJ Fed’s Moment of Weakness 9/25/02 

Currencies 

WSJ China Declares Currency Independence 8/15/15 

WSJ Fed Policy is a Drag on Recovery 5/31/13 

WSJ Ron Paul, the Fed, and the Need for a Stable Dollar 1/26/12 

WSJ Beyond the Gold and Bond Bubbles 8/31/11 

WSJ Weak Dollar, Weak Economy 8/5/11 

WSJ Weak-Dollar Threat to Prosperity 10/8/09 

Forbes Debt, Deficits, Dollar Weakness 4/27/09 

WSJ Bush and the Dollar 3/11/08 

WSJ Markets and the Weak Dollar 1/14/08 

63 

Publication Title Date 

Currencies 

WSJ Lifelines for the Drowning Dollar 11/9/07 

WSJ Drooping U.S. Dollar—Medicine or Poison? 12/16/04 

Cato Cato Journal—Exchange Rate Protectionism 10/14/05 

WSJ The Willy-Nilly Dollar 2/11/04 

WSJ Brazil’s Currency Lesson for the U.S. 12/5/03 

WSJ The Euro’s Broken Promises 10/21/02 

WSJ Strengthening the Euro Isn’t Rocket Science 9/27/00 

WSJ The ECB’s Policy Is Obviously Not Working 5/8/00 

WSJ Time to Tame Exchange Rates 12/3/99 

Cato Cato speech, Replacing the Vacuum in International Economic Policy 10/21/99 

Testimony Senate Banking testimony on Dollarization 7/15/99 

Testimony House Banking testimony International Financial System 5/20/99 

WSJ Dawn of the Euro: New Money Will Bring Smaller Government 1/6/99 

EWSJ Choose Currency Stability 10/8/98 

WSJ Beating Back the Bear: U.S. Needs to Promote Currency 

Stability 

9/2/98 

EWSJ A Stable Dollar Is the Key (Russia’s Devaluation) 8/26/98 

WSJ Asia’s Reckoning: A Weak Economy Needs a Strong Currency 6/17/98 

WSJ Asia’s Reckoning: The Road Back From Devaluation 1/14/98 

WSJ Can the U.S. Weather Asia’s Storm? 1/5/98 

WSJ Floating Into Monetary Trouble 7/23/97 

WSJ Whither the EMU? 6/20/97 

WSJ Currency Stability on the March 12/20/96 

IMF/G7/Globalism 

WSJ G20 Speed Dating in Los Cabos 6/20/12 

WSJ Greece’s False Austerity 5/23/12 

WSJ G7 Meeting: Heads Up, Seven Up 2/21/03 

WSJ A Radical Idea: The IMF Should Promote Growth 12/28/01 

WSJ The IMF Gets it Wrong Again 8/17/01 

WSJ The G7’s Missed Opportunity 2/23/99 

WSJ Break the IMF Shackles 9/26/97 

WSJ G7’s Signal: Inflation Ahead 7/11/94 

WSJ Successful Latin Economies Show the Gain Before the 

Pain 

1/29/93 

WSJ Europeans Should Look West for Advice on Sound Money 9/25/92 

WSJ Does the IMF Deserve More Money? 10/18/89 

Growth and Development 

Testimony Testimony to House Financial Services on Slow Outlook 5/17/16 

E21 Encima Global Projects World GDP Will Drop in 2015 11/12/14 

NY Post America’s Ugly New Two-Tiered Economy 9/15/14 

Forbes Returns Set to Plunge 9/8/14 

Forbes Five Steps to Faster Global Growth 2/10/14 

WSJ How Big Government Drives Inequality 1/16/14 

WSJ The Economy Is Showing Signs of Life 7/23/13 

Bush Center Circling the Cliff 2/1/13 

Bush Center Don’t Rely on Lame Ducks 2/1/13 

WSJ Economic Signals Point to a 2013 Recession 9/29/12 

Bush Center Stimulus Means Slow Growth 8/3/12 

Bush Center Slow Growth, No Recession 7/26/12 

WSJ The LIBOR Scandal’s Threat to Growth 7/11/12 

Bush Center Private-Sector Gloom 7/11/12 

Bush Center Jobs Need a Jolt 6/8/12 

Bush Center Housing Contributes to Recovery 5/29/12 

Bush Center Getting to the Root of Stagnant Wages 5/18/12 

Bush Center Greater Consumption/Lower Investment Raise Doubts 

About Future Growth 

5/4/12 

Bush Center Household Survey Leads Upswing in Job Growth 3/16/12 

Bush Center Personal Income: Show Me the Money 3/9/12 

Bush Institute Chapter 7 From ‘‘4% Growth Solution:’’ Sound Money, 

Sound Policy 

3/1/12 

WSJ America’s Troubling Investment Gap 7/5/11 

64 

Publication Title Date 

Growth and Development 

FoxNews.com What Jobs Numbers Mean for America 6/3/11 

WSJ The Panic, Round Two: What Would Reagan Do? 5/26/10 

WSJ The Euro’s Greek Tragedy, and its Lessons for America 2/27/10 

Forbes Seriously Off Track 11/30/09 

Forbes Armageddon Averted—Or Was It? 9/7/09 

WSJ Did the Fed Cause the Housing Bubble? The Fed Provided 

the Fuel 

3/27/09 

National Review Path to Recovery 1/14/09 

Forbes Reagan Redux—Ending America’s Malaise 9/29/08 

Forbes Investing Post-Bush 7/21/08 

Forbes Credit Crisis Hits Home 4/21/08 

Forbes A No-Lame-Duck Growth Agenda 1/28/08 

Forbes Washington: Out of Tune With Growth 11/26/07 

Forbes How Hard a Landing? 10/1/07 

American Spectator AEI: Running on Empty? 9/1/07 

WSJ Don’t Panic About the Credit Market 8/7/07 

WSJ Global Boom 4/9/07 

NY Sun Down Because it Was Up 2/28/07 

Testimony Senate Budget testimony on outlook 2/1/07 

American Spectator AEI: The Late Landing 11/20/06 

National Review Inflation Remains the Key Variable 6/30/06 

WSJ Job, Jobs, Jobs 4/6/06 

National Review An Expansion With Staying Power 2/10/06 

National Review Here We Go Again? 12/6/05 

WSJ Sailing Past Katrina 9/22/05 

WSJ So This Is a Weak Economy? 6/28/05 

American Spectator It’s About as Radical as IRAs: Social Security Reform 

Should Sell Itself 

4/1/05 

WSJ Running on Empty? 3/28/05 

WSJ Bush and Social Security Reform 1/14/05 

WSJ Opposite of a Lame Duck? 1/14/05 

WSJ We Grow, They Grow 11/3/04 

NY Sun Bush’s Durable Market 8/23/04 

WSJ Their Money, Our Strength 8/5/04 

WSJ The ‘‘I’’ Word: Inflation 6/18/04 

Forbes Trade Deficit? So What? 12/8/03 

WSJ Bullish on America 6/7/02 

Testimony Senate Banking testimony: Global Outlook, Monetary, and 

Fiscal Policy 

3/12/02 

Heritage Foundation Report A New Agenda for America 12/28/01 

Forbes Antidote to the Downgrade 9/26/01 

WSJ Leadership Vacuum in International Economics 4/21/99 

Bloomberg Books Chapter 3 From Flying on One Engine: America’s Optimistic Future 6/27/05 

Budget, Taxes and Debt Limit 

Forbes The Republican Fiscal Divide 11/23/15 

Forbes Government Wins Big—Country Needs a New Debt Limit 11/18/13 

WSJ The Bigger Battle Behind the Shutdown 10/10/13 

Testimony Testimony to Joint Economic Committee on Debt Limit 9/18/13 

WSJ A Debt-Ceiling Strategy for the GOP 8/30/13 

WSJ The Obama Budget’s Economic Message 4/11/13 

Testimony Testimony to Senate Budget on Impact of Federal Spending on Growth 2/26/13 

WSJ Nothing Is Certain Except More Debt and Taxes 1/2/13 

NY Sun Going Over Fiscal Cliff 12/31/12 

Forbes Constitution Eroding: Need Rules to Restrain Government 12/10/12 

Bush Center The Overbearing Rule Book is What Blocks True Tax Reform 4/16/12 

Forbes U.S. Needs a New Debt Limit 2/27/12 

FoxNews.com A Proper Debt Limit Would Cause Pain in DC, Not Debt 

Default 

6/27/11 

NY Sun Republicans Could Lose the House Over Debt Limit 6/7/11 

WSJ A Smarter Debt Limit Strategy 6/1/11 

65 

Publication Title Date 

Budget, Taxes and Debt Limit 

Forbes Reflections on the Budget 2/28/11 

WSJ After Obama’s Budget, Republicans Need a New Strategy 2/16/11 

Washington Times Truth/Dare: Rather Than Cut Spending, Obama Bets on 

World Overlending 

2/1/11 

Testimony Testimony to Senate Budget Committee on fiscal policy 2/1/11 

Washington Times Debt Limit Opportunities 1/17/11 

Forbes The High Cost of the U.S. Budget 2/8/10 

Forbes The Washington Tax Mess 7/23/07 

Forbes Recession, Taxes, and Moral Hazard 4/16/07 

WSJ Budget Strain 2/27/07 

Forbes The Triple Deficit Paralyzes Policy Vision 1/29/07 

WSJ Embrace the Deficit (and the Capital Surplus That Goes 

With it) 

12/21/06 

Cato Cato speech: The Growing Fiscal Imbalance/Future of 

Monetary Policy 

11/16/06 

Testimony Senate Finance Testimony on Extending Bush Tax Cuts 6/30/05 

FT Don’t Blame the Deficits for America’s Rate Hikes 5/4/04 

Testimony Senate Budget Committee testimony on economic outlook 1/29/03 

Testimony Rules testimony on the budget 5/2/02 

Testimony JEC testimony on taxes 3/9/00 

Testimony Senate Budget testimony on balanced budget amendment 1/22/97 

Foreign Economies and Growth 

Bush Center Europe on the Brink 9/25/12 

Bush Center Europe Kicks the Can 7/13/12 

Bush Center Europe’s Worsening Fiscal Spiral 4/27/12 

Bush Center How to Avoid the Fate of Greece 3/1/12 

WSJ How the EuroZone Can Restore Confidence 10/26/11 

Inter-American 

Dialogue 

Was the Time Right to Award Brazil Investment-Grade 

Status? 

5/2/08 

WSJ Japan’s Monetary Policy: Hanging Loose 7/21/06 

WSJ Welcome Back, Japan 3/14/06 

ViewPoint Americas Latin America Needs Sound Money to Grow 12/9/03 

Testimony House Ways and Means testimony on China 10/31/03 

WSJ Brazil: Where’s the Growth? 6/21/02 

WSJ Investors Have a Question for Brazil: Where’s the Growth? 6/21/02 

WSJ Argentina Markets Give Cavallo Redux a Bad Review 3/23/01 

WSJ South America Has Suffered From White House Neglect 10/6/00 

WSJ This Time Maybe Brazil Really Does Have a Future 7/21/00 

WSJ Wrong Battle for Europe 11/6/98 

Testimony Japan testimony to Senate Budget Committee 4/28/98 

WSJ The Mexican Peso: 3.5 or Bust 1/11/95 

WSJ Zhu Rongji: The Man Who’s Saving China From SovietStyle Disaster 7/29/93 

U.S. Department of 

State 

Economic Reconstruction in Cuba 6/1/92 

16. Speeches (list all formal speeches you have delivered during the past 5 years 

which are on topics relevant to the position for which you have been nominated): 

• Testimony to House Financial Services on slow growth outlook, May 17, 2016. 

• Cato Conference ‘‘Post Monetarism: Fed’s Growth Options,’’ November 12, 

2015. 

• Testimony to Joint Economic Committee: ‘‘Need to Rewrite Debt Limit,’’ September 18, 2013. 

• Testimony to House Financial Services Committee on Fed policy, March 5, 

2013. 

• Testimony to Senate Budget Committee: ‘‘Impact of Federal Spending on 

Growth,’’ February 26, 2013. 

• Cato Monetary Conference ‘‘Fed Is Contractionary,’’ November 15, 2012. 

66 

17. Qualifications (state what, in your opinion, qualifies you to serve in the position 

to which you have been nominated): 

I bring extensive government and private-sector experience in the global financial system, central bank policy, exchange rate systems, country growth programs, and international finance. I have significant past experience in the IMF, 

the MDBs, trade negotiations, CFIUS, debt restructurings, and the legislative 

and budget processes. I believe this economic experience will help me be effective in working within the administration and with the Congress on important 

policy matters. 

B. FUTURE EMPLOYMENT RELATIONSHIPS 

1. Will you sever all connections with your present employers, business firms, associations, or organizations if you are confirmed by the Senate? If not, provide 

details. 

Yes. 

2. Do you have any plans, commitments, or agreements to pursue outside employment, with or without compensation, during your service with the government? 

If so, provide details. 

No. 

3. Has any person or entity made a commitment or agreement to employ your 

services in any capacity after you leave government service? If so, provide details. 

No. 

4. If you are confirmed by the Senate, do you expect to serve out your full term 

or until the next presidential election, whichever is applicable? If not, explain. 

Yes. 

C. POTENTIAL CONFLICTS OF INTEREST 

1. Indicate any investments, obligations, liabilities, or other relationships which 

could involve potential conflicts of interest in the position to which you have 

been nominated. 

None. During the course of the nomination process, I have engaged in detailed 

discussions with career team ethics staff and the Office of Government Ethics 

regarding potential issues arising out of my financial holdings, past income, and 

past employment relationships. These have been addressed in my ethics agreement. I am not aware of any other potential conflicts of interest. 

2. Describe any business relationship, dealing or financial transaction which you 

have had during the last 10 years, whether for yourself, on behalf of a client, 

or acting as an agent, that could in any way constitute or result in a possible 

conflict of interest in the position to which you have been nominated. 

None. 

3. Describe any activity during the past 10 years in which you have engaged for 

the purpose of directly or indirectly influencing the passage, defeat, or modification of any legislation or affecting the administration and execution of law or 

public policy. Activities performed as an employee of the Federal Government 

need not be listed. 

As a columnist and economic analyst, I have been extensively involved in public 

policy debates regarding economic growth, tax reform, fiscal restraint, and policy reform. In addition to my regular media columns, this includes engagement 

through congressional testimony, numerous articles and speeches, and membership in policy-focused organizations such as the Economic Club of New York and 

the Council on Foreign Relations. I have also regularly appeared as a policy 

commentator on various cable and network channels, including CNBC, Fox 

Business, Bloomberg News, and C–SPAN. 

4. Explain how you will resolve any potential conflict of interest, including any 

that may be disclosed by your responses to the above items. (Provide the committee with two copies of any trust or other agreements.) 

I have executed an ethics agreement following detailed discussions with career 

ethics staff in the Treasury Department and the Office of Government Ethics 

67 

and will abide by the terms of such agreement. In addition, I am committed to 

following all applicable ethics laws. If I identify a potential conflict of interest, 

I will consult with ethics counsel. 

D. LEGAL AND OTHER MATTERS 

1. Have you ever been the subject of a complaint or been investigated, disciplined, 

or otherwise cited for a breach of ethics for unprofessional conduct before any 

court, administrative agency, professional association, disciplinary committee, or 

other professional group? If so, provide details. 

No. 

2. Have you ever been investigated, arrested, charged, or held by any Federal, 

State, or other law enforcement authority for a violation of any Federal, State, 

county or municipal law, regulation, or ordinance, other than a minor traffic offense? If so, provide details. 

No. 

3. Have you ever been involved as a party in interest in any administrative agency 

proceeding or civil litigation? If so, provide details. 

Yes. I was included as a party in a civil case regarding a rent dispute. Our 

former landlord sued my wife and me in 2004 for an extra year’s rent after our 

departure from our former apartment on East 68th Street. In an order issued 

in 2008, the presiding judge found that we properly exercised the right to terminate the lease, dismissed the landlord’s claims, and awarded us attorney’s fees. 

On appeal, the dismissal of the landlord’s claims was upheld, while the decision 

regarding attorney’s fees was reversed. 

4. Have you ever been convicted (including pleas of guilty or nolo contendere) of 

any criminal violation other than a minor traffic offense? If so, provide details. 

No. 

5. Please advise the committee of any additional information, favorable or unfavorable, which you feel should be considered in connection with your nomination. 

None. 

E. TESTIFYING BEFORE CONGRESS 

1. If you are confirmed by the Senate, are you willing to appear and testify before 

any duly constituted committee of the Congress on such occasions as you may 

be reasonably requested to do so? 

Yes. 

2. If you are confirmed by the Senate, are you willing to provide such information 

as is requested by such committees? 

Yes. 

QUESTIONS SUBMITTED FOR THE RECORD TO DAVID MALPASS

QUESTION SUBMITTED BY HON. ORRIN G. HATCH

Question. Mr. Malpass, I expect you to work closely with the U.S. Trade Representative to pursue high-standard trade agreements that enhance economic opportunities for American businesses and consumers. No sector—including financial 

services—should be excluded from our efforts. 

Do you agree that financial services play an essential role in facilitating trade and 

investment and therefore must not be excluded from market access expansions, regulatory cooperation initiatives, and protections for cross-border data flows? 

Answer. If confirmed, I look forward to working with the U.S. Trade Representative to pursue high-standard trade agreements. Financial services play a critical role 

in facilitating investment and other economic activity, and I understand that most 

trade agreements contain a financial services chapter with obligations that enable 

new market access opportunities for U.S. firms and work toward a level playing 

field. If I am confirmed, I will support the continued inclusion of financial services 

68 

chapters, and will look for additional ways to enhance the effectiveness of this process. 

QUESTION SUBMITTED BY HON. JOHN THUNE

Question. The office of Treasury Under Secretary for International Affairs has significant responsibilities that intersect with other departments and agencies within 

the Federal Government, including the Departments of Commerce and State as well 

as the U.S. Trade Representative. How do you foresee coordinating your efforts with 

these other offices, in particular with respect to the President’s trade agenda? 

Answer. If confirmed, I will work closely with other departments and agencies on 

the President’s trade agenda. I look forward to coordinating our efforts, including 

following the related statutory requirements under U.S. trade law. 

QUESTIONS SUBMITTED BY HON. RON WYDEN

REAL MEDIAN INCOME GROWTH

Question. Mr. Malpass, I was encouraged in our meeting to hear your views on 

a key priority you and I share, and in which I think many Democrats and Republicans can find common ground. And that’s making sure economic growth is shared 

at all income levels. 

I believe under the current tax code we have a tale of two tax systems—a mandatory system that takes money out of workers’ paychecks and a system that allows 

the most fortunate to pay what they want when they want. 

I believe tax reform should give everyone the chance to get ahead. 

I understand you have written articles about how it’s not only important to grow 

the economy overall (GDP), but also to grow workers’ paychecks. 

Please elaborate on your views on why that’s important and how tax reform can 

best achieve the goals of growing the economy and achieving real benefits for the 

middle-class, including growth in real median incomes. 

Answer. Economists often measure success in terms of GDP growth rates and the 

change in per capita income. However, these measures aren’t a clear indication of 

economic progress. I think a better measure of economic progress is after-tax real 

median income, meaning the inflation-adjusted income or wage of the middle of a 

society, after taxes and government-imposed fees are deducted. 

Your question focuses on tax policy, which can hold back real median income in 

at least two ways. First, as your question suggests, middle-income taxes are high 

and hard to avoid or reduce. One key goal of tax reform should be to lower the tax 

rate on middle-income taxpayers. Second, tax policy may be an obstacle to job 

growth—my view is that one of the best ways to increase real median income is 

through high business demand for middle- and lower-income jobs and the workers 

needed to fill them. Our current tax code creates several major obstacles to middleincome job creation including: (1) the high corporate income tax rate, which discourages investment and job creation in the United States; (2) the complexity of the tax 

code, costing billions of hours in compliance costs even for middle-income earners; 

and (3) the many tax barriers to the formation and growth of small businesses, 

which create many of the low- and middle-wage jobs that are critical to raising real 

median incomes. 

Question. In 2016, President Obama signed into law new disciplines and criteria 

for dealing with currency manipulation that were written by the Finance Committee. 

It also established the Advisory Committee on International Exchange Rate Policy, which is responsible for advising Treasury on the impact of international exchange rates and financial policies on the United States. 

But this committee has not been set up yet, despite the fact that Democrats have 

put forward their candidates for membership. 

If confirmed, will you work with me to stand up this committee? 

69 

Answer. If confirmed, I look forward to working with you, the Finance Committee, 

and my colleagues in Treasury to meet the obligations created by the law and regulations related to this advisory committee. 

Question. Mr. Malpass, in 2006 you wrote an op-ed in The Wall Street Journal 

entitled ‘‘Embrace the Deficit’’ in which you argue that the U.S. trade deficit is actually a ‘‘positive part’’ of the U.S. growth outlook, and that the trade deficit’s role 

as a political ‘‘lightning rod’’ is not born out in reality. It is the position of this administration, and the President personally, that trade deficits are bad for the U.S. 

economy, and that it should be a primary goal of our trade policy to reduce that 

deficit. Given your views as expressed in the op-ed, do you agree with that position 

or would you advise the President to reconsider his approach? 

Answer. In theory, trade deficits can be the result of one country growing and investing faster than its trading partners, causing its imports to grow faster than its 

exports and allowing the country’s annual investment to exceed its additions to savings. That was the argument made in the 2006 article. In practice, and especially 

in the last decade, trade agreements have come to play an increasing role in the 

development of exports, imports and investment flows. Well-crafted trade agreements should work in the U.S. interest by reducing trade barriers to U.S. exports 

and encouraging commerce, whereas some of the agreements have placed harmful 

burdens on commerce and biased the U.S. economy toward products and services 

made abroad. That has been a major problem for U.S. job growth within the last 

decade and can be addressed by improving the existing trade agreements and making sure that future trade negotiations are in the best interest of American workers 

and the United States. 

QUESTIONS SUBMITTED BY HON. DEBBIE STABENOW

Question. China and other countries like Japan have a long history of manipulating their currencies, hurting American workers and manufacturers. Some reports 

indicate as many as 5 million jobs, many of which are manufacturing jobs, have 

been lost due to currency manipulation and other unfair barriers and practices. 

How will you successfully deal with countries such as China and Japan that have 

a long history of manipulating their currencies? 

Answer. I place a very high priority on ensuring that American workers and companies face a level playing field when competing internationally. When our trading 

partners engage in currency manipulation, they impose significant, and often longlasting, hardship on American workers and companies. 

If I am confirmed, I will be vigilant and be ready to combat currency manipulation and practices that facilitate currency weakness and unfair competitive advantage. 

Question. What tools would you use to stop our trading partners from subsidizing 

their exports and violating their agreements? 

Answer. The administration as a whole has several tools to stop improper foreign 

export subsidization, offset it, and enforce trade agreements. If confirmed, I will be 

an active participant in those efforts, and I am committed to ensuring that unfair 

currency practices are identified and addressed. 

Question. Will you support the inclusion of strong and enforceable currency provisions in future trade agreements? 

Answer. I am committed to ensuring that unfair currency practices are identified 

and combated. If confirmed, I will work with Congress to ensure that trade negotiations are consistent with congressional guidance on trade policy priorities and negotiating objectives, as outlined under Trade Promotion Authority, including those applicable to currencies. 

Question. Will you support including enforceable currency disciplines in a NAFTA 

renegotiation? 

Answer. If confirmed, I will work with my colleagues in the administration and 

with Congress to ensure that a NAFTA renegotiation is consistent with congressional guidance on trade policy priorities and negotiating objectives, as outlined 

under Trade Promotion Authority, including those applicable to currencies. 

Question. Do you believe the CFIUS process needs to be reformed to keep up with 

the increasing volume of purchasing activity we’re seeing from Chinese SOEs? 

70 

Answer. The Committee on Foreign Investment in the United States is tasked 

with reviewing foreign transactions in the United States and their national security 

implications. The growth in acquisitions of U.S. companies by state-owned enterprises (SOEs)—in particular, Chinese SOEs—raises a number of important issues 

that may have national security concerns. 

With respect to potential CFIUS reforms, it is important that we evaluate, given 

the changing national security environment, whether the government has, and is 

properly exercising, the appropriate tools to address any current and emerging national security risks. I understand that the Treasury Department is carefully considering whether any steps are necessary to further enhance CFIUS authorities and, 

if so, what steps would be most effective in addressing specific emerging national 

security risks. If confirmed, I am committed to supporting this initiative. 

Question. If yes, are you committed to working with members of Congress to reform and modernize the CFIUS process to ensure that all sectors of the economy 

are represented on the panel, including making USDA and HHS permanent members of CFIUS? 

Answer. If confirmed, I am committed to reviewing the current CFIUS process 

and working with members of Congress, as well as members of the administration, 

to address new challenges faced by CFIUS in a careful and deliberate manner. This 

would include making sure that relevant expertise across the government is brought 

to bear in an appropriate manner. 

QUESTIONS SUBMITTED BY HON. BILL NELSON

Question. What do you believe is the greatest challenge facing the G20? 

Answer. The G20 has an important role to play in encouraging policies that support strong and balanced global growth and a level playing field for U.S. workers 

and businesses at a time when global GDP growth has been disappointing and global imbalances have persisted. 

Question. How would you seek to overcome that challenge? 

Answer. As discussed in my statement to the committee, a key goal of fiscal and 

monetary policy development is to create higher living standards for working and 

middle-income citizens around the world. If confirmed, I will endeavor to fulfill my 

duties by working closely with this committee, and others in the Senate and House 

of Representatives in order to execute the law and develop sound administration 

policies and initiatives, including in the G20, which work toward broader prosperity. 

Question. What do you believe can be done to stop countries from manipulating 

their currency for a trade advantage? 

Answer. I place a very high priority on ensuring that American workers and companies face a level playing field when competing internationally. Though there has 

been a trend in the last 2 years toward reduced currency intervention by key trading partners, it is critical that we remain vigilant in monitoring and combating currency manipulation and practices that facilitate currency weakness and unfair competitive advantages. If confirmed, I will help to lead these efforts, and I am committed to ensuring that unfair currency practices are identified and addressed. 

QUESTIONS SUBMITTED BY HON. ROBERT MENENDEZ

Question. Mr. Malpass, President Trump has affirmed that Secretary Mnuchin is 

the administration’s point person with regard to the debt limit. Secretary Mnuchin 

has said in testimony before the House Ways and Means Committee that he wants 

Congress to pass a clean debt limit. I know you have published a large number of 

op-eds regarding the debt limit, and I want to know if you can commit to supporting 

the President and Treasury Secretary in your efforts to pass a clean debt limit increase? 

Answer. The administration has indicated that it is important to raise the debt 

ceiling as soon as possible. I am aware that Secretary Mnuchin has urged Congress 

to pass a clean debt ceiling increase prior to the August recess, and I fully support 

the President and Treasury Secretary in this matter. If confirmed, I commit to supporting their efforts. 

71 

Question. I have been an outspoken critic of the dictatorship in Venezuela, and 

I have serious concerns about the country’s intensifying humanitarian and financial 

crisis. The United States cannot stand idly by as Venezuelans continue to suffer 

under the Maduro regime’s failed economic and social policies. I have called on the 

administration to sanction the brutal thugs who are profiting off of starving their 

own people. 

As such, I have real concerns about Venezuelan debt, the real possibility of default, and transactions specifically involving Venezuela’s state-owned oil company, 

PdVSA. In particular, I raised to Secretary Mnuchin the issue of the potential for 

Rosneft, Russia’s state-owned oil company, to acquire an ownership interest in critical energy infrastructure in the United States due to PdVSA’s pledge of 49.9 percent of Citgo shares to Rosneft as collateral for a loan. 

I was particularly alarmed to learn last week of Goldman Sachs’ purchase of $2.8 

billion in PdVSA bonds. I worry that this purchase ultimately serves to prop up the 

corrupt and brutal Maduro regime. I’d note that Goldman Sachs is certainly not the 

only U.S. financial firm that has made significant investments in Venezuelan debt. 

Are you concerned by U.S. financial firms’ investments in Venezuelan debt, and 

that such investments extend a lifeline to the Maduro regime? 

Answer. I share your concerns about the humanitarian crisis, widespread repression, and systemic corruption in Venezuela. As Secretary Mnuchin has noted, the 

Venezuelan people are suffering from a collapsing economy brought about by their 

government’s mismanagement and corruption. 

Reflecting these concerns, Treasury has imposed targeted sanctions against Venezuelan nationals, including government officials, who have engaged in activities 

such as human rights violations, undermining democratic governance, and narcotics 

trafficking. 

Although I am not familiar with the details of the transaction you mention or how 

much it benefitted the Maduro regime, my understanding is that the Venezuelan 

regime is making many efforts to sell debt, including to Americans, at high interest 

rates and large discounts, while American firms, such as those in the petroleum sector, may have royalty arrangements that convey benefits to the Venezuelan regime. 

These raise clear financial and reputational risks for private sector market participants. 

If confirmed, I look forward to working with Congress and colleagues in the administration to advance policies that protect U.S. interests and contribute to improving the situation in Venezuela. 

Question. Mr. Malpass, if confirmed, you will play an important role in implementing America’s foreign policy priorities. One such priority, according to the 

President and an overwhelming bipartisan majority of the Congress, is the fight 

against human trafficking. Trafficking is a $150 billion a year crime with over 20 

million victims around the world today. Specifically, as Under Secretary for International Affairs you will have the ability to exert influence on the multilateral development banks, to get them to leverage their projects in smart ways that prevent 

trafficking and encourage borrowing countries to increase their own efforts to fight 

trafficking. 

If confirmed, will you commit to working to leverage the United States’ influence 

on the multilateral development banks to fight human trafficking? 

Answer. I share your concerns about human trafficking. The United States has 

substantial influence in the MDBs to advance our policy priorities, including the 

fight against the scourge of human trafficking. I understand that the Treasury Department has been implementing existing legislation that instructs the U.S. Executive Director, pursuant to a Presidential determination, to vote against MDB projects in trafficking countries. If confirmed, I would work to strengthen the impact 

of this mandate, further encourage the anti-trafficking efforts of the MDBs and our 

international partners, and make progress in the fight against human trafficking. 

Question. Mr. Malpass, another area where you can have a profound impact on 

the fight against human trafficking is by working to ensure that international criminal networks don’t have access to the financial system to perpetuate their crimes. 

Will you commit to working to limit human traffickers’ access to the financial system? 

72 

Answer. My understanding is that Treasury is committed to safeguarding the U.S. 

and international financial systems from all forms of illicit use, including by human 

traffickers. Treasury’s Office of Foreign Assets Control (OFAC) and Financial 

Crimes Enforcement Network (FinCEN)—which are components of the Office of Terrorism and Financial Intelligence (TFI)—use an array of tools and authorities to 

deter and combat human trafficking. The financing of human trafficking often involves criminal networks located in different countries. Treasury has historically 

recognized the reliance of such criminals on the U.S. and international financial systems. If confirmed, I will support Treasury’s efforts to limit their access to the financial system and disrupt their finances. 

Question. Mr. Malpass, I know that China hasn’t been manipulating its currency 

over the past 6 months or so, but now that the administration has decided not to 

name China a currency manipulator, how do you plan to raise the costs of such behavior to ensure that they do not start manipulating again? 

Answer. I place a very high priority on ensuring that American workers and companies face a level playing field when competing internationally. When our trading 

partners engage in currency manipulation, they impose significant, and often longlasting, hardship on American workers and companies. 

Though there has been a trend toward reduced currency intervention by key trading partners, it is critical that we remain vigilant. If confirmed, I will support efforts 

to scrutinize China’s trade and currency practices very closely and commit to monitoring and combatting currency manipulation and practices that facilitate currency 

weakness and unfair competitive advantages. 

QUESTIONS SUBMITTED BY HON. SHERROD BROWN

Question. When asked about the U.S.’s role in international financial regulatory 

bodies, Secretary Lew said that he is ‘‘proud that the United States is a leader, that 

we have taken decisive action, the most decisive action of any country in the world 

after the deep recession and economic crisis of 2008 and 2009’’ and that ‘‘we should 

make a call to the world community in the appropriate fora, like the G20 and the 

FSB to try and drive that race to the top.’’ Will you commit to me that the U.S. 

Treasury Department (including FSOC and FIO) will continue to advocate for higher standards of financial regulation in all international bodies, including the G20, 

the FSB, the Basel Committee, the IAIS, and IOSCO, and that we will not acquiesce 

to any efforts to roll back the reforms that have already been agreed to? 

Answer. One of President Trump’s Core Principles for Financial Regulation is to 

advance American interests in international financial regulatory negotiations and 

meetings. The international standard setting process is one of the key ways that the 

administration and U.S. regulators can promote financial stability that benefits the 

U.S. and global economy as well as a level playing field that benefits U.S. firms. 

Like the FSOC, the international bodies are also monitoring implementation of regulatory reform, adjusting standards that may have unintended and undesirable consequences, and remaining vigilant for new or emerging vulnerabilities. 

Question. If confirmed, one issue you will need to address is the U.S./EU Covered 

Agreement. Some have suggested that the agreement is clear on its face, while others believe that, before the United States signs the agreement, the United States 

and EU must clarify certain issues through an exchange of letters. What is your 

view of the covered agreement, including whether it achieves the stated objectives 

of U.S. negotiators when they notified Congress of their intent to enter into these 

negotiations back in November of 2015 or needs further clarification? 

Answer. This is an important and complicated issue. I understand that Secretary 

Mnuchin has asked Treasury staff to meet with a number of stakeholders on the 

covered agreement to hear their perspectives. If confirmed, I will give utmost consideration to the issues you raise. I look forward to discussing the covered agreement 

and the various views with Treasury staff, and providing appropriate communication with the committee. 

QUESTIONS SUBMITTED BY HON. MICHAEL F. BENNET

Question. Mr. Malpass, I am deeply concerned about some recent statements that 

imply that failing to increase the debt limit by the time extraordinary measures are 

exhausted and cash balances are down to critically low levels would not be a cataVerDate Sep 11 2014 20:33 May 30, 2018 Jkt 000000 PO 00000 Frm 00076 Fmt 6601 Sfmt 6621 R:\DOCS\30209.000 TIM
73 

strophic mistake. I appreciate Secretary Mnuchin’s expressions that the debt limit 

needs to be raised without delay and without unrelated policy conditions. I was 

heartened to see reporting that suggests President Trump agrees. 

Mr. Malpass, do you believe that all of the obligations of the United States should 

always be paid on time and in full, as we have done throughout our history? 

Answer. I believe the government must meet all of its outstanding obligations, 

and for this reason I understand that Congress has always acted to raise the debt 

limit when necessary. 

Question. Mr. Malpass, do you believe that the debt limit should be raised well 

in advance of any deadline and that it should not be held hostage to unrelated policy demands? 

Answer. I believe it is important for Congress to raise the debt ceiling as soon 

as possible. 

Question. Mr. Malpass, do you believe that prioritization of interest payments 

over the government’s other obligations is either an advisable or workable solution 

if the debt limit is not raised by the time extraordinary measures and cash balances 

have run out? 

Answer. I am confident that Congress will act on the debt limit in a timely manner to ensure the full faith and credit of the United States Government and to enable us to avoid confronting the situation raised in your question. 

QUESTIONS SUBMITTED BY HON. ROBERT P. CASEY, JR. 

Question. Mr. Malpass, the Committee on Foreign Investment in the United 

States was established to review transactions that could result in a U.S. business 

being controlled by a foreigner, in order to determine the impact of these transactions on national security. Given the sensitivity of these investigations, only affirmative determinations, those that present national security risks, are made public. The President has the discretion to not exercise his authority to stop a transaction, even if CFIUS makes a determination that a transaction presents a national 

security risk. 

With respect to CFIUS investigations, do you have (or intend to establish) a process to review internal conflicts of interest? 

If so, please describe that process. 

Will you require members of the administration, including members of the Cabinet, with an implicit or explicit interest in the transaction to recuse themselves? 

Will you establish protocols to determine whether any member of the administration, including the President or the Treasury Secretary, has an interest in the business under review or a financial interest in the home country of the acquiring entity? 

If a conflict is found, will you advise such individuals recuse themselves from 

CFIUS proceedings? 

How would you respond if you received a request from the President or a member 

of the administration that Treasury either initiate a CFIUS investigation, requesting Treasury drop an ongoing CFIUS investigation, or requesting Treasury to not 

commence a CFIUS investigation? 

Answer. I understand that Treasury already has in place a robust process for assessing and handling conflicts of interest in the Treasury’s CFIUS process. Each department and office that participates in CFIUS is responsible for handling the conflicts of interest of its staff in accordance with law and agency ethics policies. I understand that these policies provide standards and guidelines for recusal. If confirmed, I will work to ensure that all applicable laws and conflicts of interest policies are appropriately applied to Treasury staff, including those related to recusal 

and to the appropriate functioning of CFIUS. 

QUESTIONS SUBMITTED BY HON. CLAIRE MCCASKILL

Question. What procedures and policies should CFIUS implement to ensure the 

independence of initial CFIUS deliberations and investigations involving the Trump 

74 

Organization, Kushner Companies, or related entities, including any determination 

by CFIUS regarding whether to make a referral or recommendation for presidential 

action? 

Answer. Adherence to the conflicts of interest statutes and regulations is important. As I understand it, Treasury takes appropriate steps to facilitate ethics compliance by Treasury employees participating in the CFIUS process and to protect the 

integrity of Treasury’s participation. Other CFIUS member agencies are expected to 

do the same. If confirmed, I will do my utmost to ensure that I, and all personnel 

under my supervision, comply with our ethical obligations. 

Question. Are there circumstances under which President Trump should delegate 

to another executive branch official his authority under 50 U.S.C. App. § 2170(d) to 

make a final determination on CFIUS referrals or recommendations? 

Answer. This question addresses a matter for consideration by the White House. 

Question. If President Trump declines to delegate his decision-making authority 

in the circumstances described above, what ethical or legal guidance should CFIUS 

recommend he seek before making a final determination on transactions involving 

the Trump Organization, Kushner Companies, or related entities? 

Answer. This question addresses a matter for consideration by the Treasury General Counsel’s office and/or other relevant Federal departments or agencies. 

Question. What procedures and policies should CFIUS implement to ensure that 

senior administration officials with potential conflicts of interest, such as Mr. 

Kushner, play no role in initial CFIUS deliberations and investigations, as well as 

any final determinations on CFIUS referrals or recommendations, involving the 

Trump Organization, Kushner Companies, or related entities? 

Answer. If confirmed, I will do my utmost to ensure that I, and all personnel 

under my supervision, comply with our ethical obligations, and I would expect other 

CFIUS member agencies to do the same. 

Question. Would it ever be appropriate for CFIUS to block a transaction for reasons of economic policy, as opposed to national security concerns? In general, how 

will your office insulate CFIUS from pressure to make particular decisions as a way 

to bolster the administration’s economic policy or trade agenda? 

Answer. The CFIUS statute authorizes the President to block a covered transaction when that transaction ‘‘threatens to impair the national security of the 

United States.’’ If confirmed, I will advise CFIUS consistent with its statutory authorities and restrictions. 

PREPARED STATEMENT OF BRENT JAMES MCINTOSH, NOMINATED TO BE

GENERAL COUNSEL, DEPARTMENT OF THE TREASURY

Chairman Hatch, Senator Wyden, and members of the committee, thank you for 

the opportunity to appear before you today. I am honored to be the President’s 

nominee to be General Counsel for the Department of the Treasury, and I am grateful to the Secretary for his confidence in recommending me for this position. 

Since being nominated, I have had the opportunity to meet with several of you 

and your staffs, and I appreciate the courtesies you afforded me in hosting those 

meetings. From my prior Federal service, I am acutely aware of the need for a close 

working relationship with the Congress, and I look forward to working with you and 

your staffs to foster such a relationship should I be confirmed. 

The challenges that the Treasury confronts, and the responsibilities of its chief 

legal officer in helping to navigate them, are daunting in both breadth and complexity. In the past two decades, I have twice watched the Treasury—including in 

particular the General Counsel’s office—grapple with pressing, emergent issues of 

grave global consequence. 

Having been in Manhattan’s Financial District on September 11, 2001, I saw firsthand the horrors that terrorism wreaked that day. In the years following, I watched 

with deep gratitude the heroic work of Treasury personnel to bring to bear powerful 

financial tools to thwart those who would do us harm. And while serving on the 

White House staff from 2006 to 2009, I watched the tireless work of Treasury personnel to address urgent issues in the American economy. In both cases, the Treasury’s dedicated, experienced, and immensely talented legal staff was central to the 

75 

Department’s efforts. It has long been apparent to me that it would be the honor 

of a lifetime to work among and lead that staff. 

One prior Treasury General Counsel said at his confirmation hearing that ‘‘the 

legal issues facing the Treasury today are among the most critical in government.’’ 

That statement has often been true, and I believe it is true today. Treasury has a 

crucial role to play in safeguarding the dynamism of the U.S. economy, in ensuring 

a fair and effective tax system, in advancing this Nation’s interests in the world, 

and in bolstering our national security. 

I pledge that if confirmed, I will bring to my share of these tasks a commitment 

to rigorous legal analysis, zeal in the pursuit of the interests of the American people, and steadfast dedication to upholding the rule of law. I would strive to bring 

an unstinting devotion to duty inspired by the work ethic of my parents, both raised 

on farms in the Thumb of Michigan. I would be guided at all times by the obligation 

of fidelity to the Constitution. And I would keep ever in mind the fundamental 

truth, articulated by a mentor of mine, that the demands of honor have special application to government service. 

Thank you again for the opportunity to appear today. I look forward to your questions. 

SENATE FINANCE COMMITTEE 

STATEMENT OF INFORMATION REQUESTED 

OF NOMINEE 

A. BIOGRAPHICAL INFORMATION 

1. Name (include any former names used): Brent James Mcintosh. 

2. Position to which nominated: General Counsel, U.S. Department of the Treasury. 

3. Date of nomination: April 24, 2017. 

4. Address (list current residence, office, and mailing addresses): 

5. Date and place of birth: September 28, 1973, Lansing, Michigan. 

6. Marital status (include maiden name of wife or husband’s name): 

7. Names and ages of children: 

8. Education (list secondary and higher education institutions, dates attended, degree received, and date degree granted): 

Yale Law School (1996–1999), Juris Doctor, May 1999. 

University of Michigan (1992–1996), Bachelor of Arts, May 1996. 

London School of Economics (1994–1995). 

Williamston High School (1988–1992), diploma, June 1992. 

9. Employment record (list all jobs held since college, including the title or description of job, name of employer, location of work, and dates of employment): 

Partner, Sullivan and Cromwell LLP, Washington, DC (2011–present). 

Special counsel, Sullivan and Cromwell LLP, Washington, DC (2009–2010). 

Deputy Assistant to the President and Deputy Staff Secretary, The White 

House, Washington, DC (2007–2009). 

Associate Counsel to the President, The White House, Washington, DC (2006– 

2007). 

Deputy Assistant Attorney General, Office of Legal Policy, U.S. Department of 

Justice, Washington, DC (2005–2006). 

Counselor to the Assistant Attorney General, Office of Legal Policy, U.S. 

Department of Justice, Washington, DC (2005). 

76 

Senior Counsel, Office of Legal Policy, U.S. Department of Justice, Washington, 

DC (2005). 

Counsel, Office of Legal Policy, U.S. Department of Justice, Washington, DC 

(2004–2005). 

Associate, Sullivan and Cromwell LLP, New York, New York (2001–2004). 

Law clerk, Honorable Laurence H. Silberman, U.S. Court of Appeals for the District of Columbia Circuit, Washington, DC (2000–2001). 

Law clerk, Honorable Dennis Jacobs, U.S. Court of Appeals for the Second Circuit, New York, New York (1999–2000). 

Summer law clerk, Kirkland and Ellis, Washington, DC (1999). 

Research assistant, Professor William Eskridge, Jr., Yale Law School (1998– 

1999). 

Summer associate, Davis, Polk, and Wardwell, New York, New York and London, England (1998). 

Research assistant, Professor Henry B. Hansmann, Yale Law School (1997– 

1998). 

Legal intern, Special Prosecutions Group, U.S. Attorney’s Office for the Eastern 

District of New York, Brooklyn, New York (1997). 

Administrative assistant, Alumni Association of the University of Michigan, 

Ann Arbor, Michigan (1996). 

10. Government experience (list any advisory, consultative, honorary, or other parttime service or positions with Federal, State, or local governments, other than 

those listed above): Romney-Ryan Readiness Team (pre-election presidential 

transition team) (2012). 

11. Business relationships (list all positions held as an officer, director, trustee, 

partner, proprietor, agent, representative, or consultant of any corporation, company, firm, partnership, other business enterprise, or educational or other institution): Partner, Sullivan and Cromwell LLP (2011–present). 

12. Memberships (list all memberships and offices held in professional, fraternal, 

scholarly, civic, business, charitable, and other organizations): 

To the best of my recollection, I am or have been a member of, or hold or have 

held another position with, the following organizations since graduating from 

law school: 

Ahn Family Foundation, Grants Committee (2001–2016). 

Alexander Hamilton Society (2010–present), Co-chair, DC Chapter (2012– 

present), DC Chapter Steering Committee (2010–2012). 

Alumni and Friends of the London School of Economics, Life Member (2000– 

present). 

Alumni Association of the University of Michigan, Life Member (2000– 

present). 

American Bar Association (2001–2006, 2009–present). 

American Society of International Law (2001–2005, 2009–present). 

Association of the Bar of the City of New York (2001–2005), Pro Bono Society 

(2002, 2003). 

Bannockburn Swim Club (neighborhood pool) (2005–2011). 

Bretton Woods Committee (2015–present). 

Chevy Chase Club (summer 2016). 

Council on Foreign Relations (2005–2011). 

Entomological Society of America (2011–2012). 

Federalist Society (1997–present), International and National Security Law 

Practice Group Executive Committee (2010–present). 

Heritage Foundation/Chertoff Group National Security Law Working Group 

(2014–present). 

77 

International Bar Association (2015–present). 

International Institute for Strategic Studies (2009–present). 

John Hay Initiative, International Law Working Group (2015–present). 

The Links (2017–present). 

Metropolitan Club of the City of Washington (2008–present). 

Montgomery County Recreation, Youth Basketball Coach (2016–2017). 

Republican National Lawyers Association (2013–present). 

St. Columba’s Episcopal Church, Gratitude and Resources Strategic Initiative 

Team (2016), Lay Reader (2016–present). 

Supreme Court Historical Society (2011–present). 

U.S. Chamber Litigation Center, U.S. Chamber of Commerce, Financial Services Advisory Committee (2015–present). 

Yale Club of New York City (2009–present). 

Yale Law School Association, Executive Committee (2012–2015), Nominating 

Committee (2015). 

Yale Law School Class of 1999, Class Secretary (2013–present). 

Yale Law School Reunion Gift Campaign, Co-chair (2003–2004), Class Committee (2013–2014). 

Bar admissions: 

State of New York (admitted 2001). 

District of Columbia (admitted 2009). 

Supreme Court of the United States (admitted 2005). 

U.S. Court of Appeals for the District of Columbia Circuit (admitted 2010). 

U.S. Court of Appeals for the Second Circuit (admitted 2010). 

U.S. Court of Appeals for the Third Circuit (admitted 2015). 

U.S. Court of Appeals for the Fourth Circuit (admitted 2001). 

U.S. Court of Appeals for the Fifth Circuit (admitted 2016). 

U.S. Court of Appeals for the Ninth Circuit (admitted 2006). 

U.S. District Court for the District of Columbia (admitted 2010). 

U.S. District Court for the Eastern District of New York (admitted 2002). 

U.S. District Court for the Southern District of New York (admitted 2002). 

U.S. District Court for the Southern District of Texas (admitted 2003). 

U.S. Court of Federal Claims (admitted 2009). 

13. Political affiliations and activities: 

a. List all public offices for which you have been a candidate. 

None. 

b. List all memberships and offices held in and services rendered to all political 

parties or election committees during the last 10 years. 

Romney Justice Advisory Committee (2011–2012). 

c. Itemize all political contributions to any individual, campaign organization, 

political party, political action committee, or similar entity of $50 or more for 

the past 10 years. 

Recipient Date Amount 

John Adams for Virginia 6/08/2016 $803.46 

Matthew Berry for Congress 11/18/2009 $250.00 

78 

Recipient Date Amount 

George P. Bush Land Commissioner campaign 1/04/2013 $250.00 

Jeb 2016 (Jeb Bush) 10/05/2015 $2,700.00 

Capito for West Virginia (Shelley Moore Capito) 4/24/2013 

7/22/2014 

$500.00 

$1,000.00 

Cotton for Senate (Thomas Cotton) 10/24/2013 $250.00 

Mike Crapo for U.S. Senate 8/06/2016 $1,000.00 

Ted Cruz for Senate 6/30/2011 $300.00 

Robert L. Ehrlich, Jr. gubernatorial campaign 7/28/2010 $250.00 

Foley for Connecticut (Thomas C. Foley) 4/22/2014 $100.00 

Freedom First PAC 7/29/2010 $250.00 

Ed Gillespie for Governor 1/23/2017 $2,000.00 

Ed Gillespie for Senate 3/06/2014 

7/17/2014 

9/25/2014 

$2,600.00 

$500.00 

$1,000.00 

Adam Laxalt Attorney General campaign 5/14/2014 $250.00 

Friends of Mike Lee 6/19/2015 $1,000.00 

Josh Mandel Senate Victory Committee 9/21/2012 $300.00 

John McCain 2008 5/03/2008 $400.00 

McCain-Palin Victory 2008 10/17/2008 $250.00 

Justice for All 10/04/2013 $300.00 

NRCC 7/19/2010 $250.00 

NRSC/NRCC Victory Committee 11/13/2013 $250.00 

Portman for Senate Committee (Rob Portman) 6/16/2009 

8/15/2010 

5/14/2015 

9/27/2016 

$250.00 

$250.00 

$1,500.00 

$500.00 

David A. Pepper mayoral campaign 6/01/2009 

9/29/2010 

$250.00 

$150.00 

Prosperity Action 6/30/2011 $1,000.00 

Romney for President (Mitt Romney) 5/09/2011 

1/31/2012 

$1,000.00 

$1,500.00 

Romney Victory 5/24/2012 $2,500.00 

Ben Sasse for U.S. Senate 9/16/2013 

3/31/2014 

11/28/2016 

$1,000.00 

$1,000.00 

$1,000.00 

Shelby for U.S. Senate (Richard C. Shelby) 10/13/2015 $1,000.00 

Elise for Congress (Elise M. Stefanik) 11/21/2013 

9/21/2016 

$250.00 

$500.00 

Sullivan for U.S. Senate (Dan Sullivan) 10/28/2013 $250.00 

79 

14. Honors and awards (list all scholarships, fellowships, honorary degrees, honorary society memberships, military medals, and any other special recognitions 

for outstanding service or achievement): 

Alvin and Arvella Bentley Scholar (University of Michigan). 

Distinguished Alumni Award (Williamston High School). 

Distinguished Legal Writing Award 2016, Burton Awards for Legal Achievement. 

Horace Rackham Scholar (University of Michigan). 

James B. Angell Scholar (University of Michigan). 

National Merit Scholar. 

New York Law Journal 2013 ‘‘Rising Star.’’ 

Phi Beta Kappa (University of Michigan). 

Pi Sigma Alpha political science honor society (University of Michigan). 

Presidential Scholar (U.S. Department of Education). 

U.S. Department of State Superior Honor Award (group award). 

Yale Law Journal, Articles Editor (Yale Law School). 

15. Published writings (list the titles, publishers, and dates of all books, articles, 

reports, or other published materials you have written): 

‘‘City Fair Housing Suits May Have Unfortunate Consequences,’’ Law360 (November 15, 2016). 

‘‘D.C. Circuit Invalidates CFPB Structure as Unconstitutional; Rejects ‘Flawed’ 

Statutory Application in Enforcement Proceeding,’’ Columbia Law School Blue 

Sky Blog (October 20, 2016) (with Steven Meyer et al.). 

‘‘A Guide to the Cybersecurity Act of 2015,’’ Law360 (January 12, 2016) (with 

John Evangelakos et al.). 

‘‘The Cybersecurity Act of 2015,’’ Columbia Law School Blue Sky Blog (January 

6, 2016) (with John Evangelakos et al.). 

‘‘SEC Enforcement: SEC Issues Guidance on Approach to Forum Selection in 

Contested Actions,’’ Columbia Law School Blue Sky Blog (June 15, 2015) (with 

Nicolas Bourtin et al.). 

‘‘How Cybercriminals are Targeting Corporate Transactions,’’ Law360 (May 19, 

2015) (with Judson Littleton). 

‘‘President Obama Issues Executive Order Authorizing Sanctions for Malicious 

Cyber Activities,’’ Columbia Law School Blue Sky Blog (April 17, 2015) (with 

Erle Kadel, Jr.). 

‘‘The FBI Followed You: Why Twitter’s Surveillance-Disclosure Lawsuit Puts 

U.S. Intel Agencies in a Quandary,’’ Law.com (April 16, 2015). 

‘‘Perez v. Mortgage Bankers Association,’’ Harvard Law School Forum on Corporate Governance and Financial Regulation (March 29, 2015) (with Jeffrey 

Wall et al.). 

‘‘Supreme Court Clarifies Liability for Opinions in Registration Statement,’’ 

Harvard Law School Forum on Corporate Governance and Financial Regulation 

(March 28, 2015) (with Robert Giuffra, Jr. et al.). 

‘‘An Emblem of a Deeper Pathology in the Criminal Code: Thoughts on the Supreme Court’s Ruling That, Sometimes, Fish Aren’t Tangible Objects,’’ Law.com 

(March 4, 2015). 

‘‘Judicial Review of SEC Consent Judgments,’’ 47, Review of Securities and 

Commodities Regulation 275 (December 3, 2014). 

‘‘Second Circuit Adopts Bright-Line Rule for Determining Customer Status for 

Mandatory FINRA Arbitration,’’ Business Law Today (September 2014) (with 

Robert Giuffra, Jr. et al.). 

‘‘As End of Supreme Court Term Looms, High-Profile Business Disputes Remain,’’ Law.com (May 24, 2014). 

‘‘Patriot Act Protects U.S.,’’ Lansing State Journal (March 19, 2006). 

80 

‘‘The Revolutionary Second Amendment,’’ 51, Alabama Law Review 673 (2000). 

As a student journalist in college (1993–1996), numerous articles in the Lansing 

State Journal, the Michigan Daily (University of Michigan student newspaper), 

and the Alumnus (University of Michigan alumni magazine), primarily regarding University of Michigan and mid-Michigan sports. 

16. Speeches (list all formal speeches you have delivered during the past 5 years 

which are on topics relevant to the position for which you have been nominated): 

None. 

17. Qualifications (state what, in your opinion, qualifies you to serve in the position 

to which you have been nominated): 

I believe my experience as a lawyer representing clients in complex disputes 

and my prior service in the executive and judicial branches has prepared me 

for the responsibilities I would undertake, if confirmed, as General Counsel of 

the Department of the Treasury. Both in government and in private practice, 

my practice has focused on the resolution of difficult, often novel legal disputes, 

providing me experience with analysis of complicated legal problems, advocacy 

in the service of my clients, counseling and negotiation, and various forms of 

dispute resolution. Much of my practice at Sullivan and Cromwell has centered 

on the financial services industry, affording me familiarity with many issues 

relevant to the work of the Department of the Treasury. While in government 

at the White House and the Department of Justice, I worked with a wide variety of agencies across the executive branch as well as with a number of congressional committees. My time in government also gave me the opportunity to 

work on various national security matters, which should serve me well in addressing the national security matters in which the Department of the Treasury 

is involved. Finally, both in government and in private practice, I have managed 

large teams of professionals. 

B. FUTURE EMPLOYMENT RELATIONSHIPS 

1. Will you sever all connections with your present employers, business firms, associations, or organizations if you are confirmed by the Senate? If not, provide 

details. 

If confirmed by the Senate, I will sever all such connections. Note that pursuant 

to the Sullivan and Cromwell LLP defined benefit plans for partners, I am eligible to receive monthly lifetime retirement payments from the firm commencing 

at age 65. If confirmed by the Senate, I will remain a participant in these defined benefit plans but will not be entitled to benefits prior to that age (approximately 22 years from now) and will not accrue additional benefits under these 

plans after I resign from the firm. 

2. Do you have any plans, commitments, or agreements to pursue outside employment, with or without compensation, during your service with the government? 

If so, provide details. 

No. 

3. Has any person or entity made a commitment or agreement to employ your 

services in any capacity after you leave government service? If so, provide details. 

No. 

4. If you are confirmed by the Senate, do you expect to serve out your full term 

or until the next presidential election, whichever is applicable? If not, explain. 

Yes. 

C. POTENTIAL CONFLICTS OF INTEREST 

1. Indicate any investments, obligations, liabilities, or other relationships which 

could involve potential conflicts of interest in the position to which you have 

been nominated. 

Any potential conflicts of interest have been identified and resolved in accordance with the terms and conditions of my ethics agreement with the Department of the Treasury, which is documented by letter to Rochelle F. Granat, Designated Agency Ethics Official and Assistant General Counsel for General Law 

81 

and Ethics. Should any potential conflict of interest arise in the future, I will 

seek guidance from a Treasury ethics official. 

2. Describe any business relationship, dealing, or financial transaction which you 

have had during the last 10 years, whether for yourself, on behalf of a client, 

or acting as an agent, that could in any way constitute or result in a possible 

conflict of interest in the position to which you have been nominated. 

Any potential conflicts of interest have been identified and resolved in accordance with the terms and conditions of my ethics agreement with the Department of the Treasury, which is documented by letter to Rochelle F. Granat, Designated Agency Ethics Official and Assistant General Counsel for General Law 

and Ethics. Should any potential conflict of interest arise in the future, I will 

seek guidance from a Treasury ethics official. 

3. Describe any activity during the past 10 years in which you have engaged for 

the purpose of directly or indirectly influencing the passage, defeat, or modification of any legislation or affecting the administration and execution of law or 

public policy. Activities performed as an employee of the Federal Government 

need not be listed. 

None. 

4. Explain how you will resolve any potential conflict of interest, including any 

that may be disclosed by your responses to the above items. (Provide the committee with two copies of any trust or other agreements.) 

Any potential conflicts of interest have been identified and resolved in accordance with the terms and conditions of my ethics agreement with the Department of the Treasury, which is documented by letter to Rochelle F. Granat, Designated Agency Ethics Official and Assistant General Counsel for General Law 

and Ethics. Should any potential conflict of interest arise in the future, I will 

seek guidance from a Treasury ethics official. 

D. LEGAL AND OTHER MATTERS 

1. Have you ever been the subject of a complaint or been investigated, disciplined, 

or otherwise cited for a breach of ethics for unprofessional conduct before any 

court, administrative agency, professional association, disciplinary committee, or 

other professional group? If so, provide details. 

No. 

2. Have you ever been investigated, arrested, charged, or held by any Federal, 

State, or other law enforcement authority for a violation of any Federal, State, 

county, or municipal law, regulation, or ordinance, other than a minor traffic 

offense? If so, provide details. 

In 1994, when I was a sophomore at the University of Michigan, I was charged 

with one misdemeanor count of ‘‘Receiving stolen property—$100 or less.’’ The 

charge was subsequently dropped. 

3. Have you ever been involved as a party in interest in any administrative agency 

proceeding or civil litigation? If so, provide details. 

No. 

4. Have you ever been convicted (including pleas of guilty or nolo contendere) of 

any criminal violation other than a minor traffic offense? If so, provide details. 

No. 

5. Please advise the committee of any additional information, favorable or unfavorable, which you feel should be considered in connection with your nomination. 

None. 

E. TESTIFYING BEFORE CONGRESS 

1. If you are confirmed by the Senate, are you willing to appear and testify before 

any duly constituted committee of the Congress on such occasions as you may 

be reasonably requested to do so? 

Yes. 

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2. If you are confirmed by the Senate, are you willing to provide such information 

as is requested by such committees? 

Yes. 

QUESTIONS SUBMITTED FOR THE RECORD TO BRENT JAMES MCINTOSH

QUESTION SUBMITTED BY HON. ORRIN G. HATCH

Question. Current law provides a production tax credit (PTC) for refined coal facilities placed in service before 2012. The PTC applies to refined coal produced in 

the 10-year period after the facility was placed in service. Refined coal is a fuel produced from coal that, when used in the production of steam, results in a significant 

reduction in the emissions of nitrogen oxide and either sulfur dioxide or mercury 

when compared to emissions from the use of the feedstock coal. 

The IRS Chief Counsel recently issued a Technical Advice Memorandum (TAM) 

that concludes that in order to qualify for the resulting PTC, the activity engaged 

in by the taxpayer must meet certain economic and/or commercial risk transfer 

goals. This has caused some concern among facilities producing refined coal. 

I understand that the IRS Chief Counsel might consider considering establishing 

guidance for permissible investment structures to facilitate the production of refined 

coal. If that is indeed the case, you may want to review the status of those efforts 

and organize additional activities to ensure that legitimate industry concerns are 

considered. Additionally, facilities qualified for the refined coal PTC are now at least 

6 years (some have been producing for 8 years) into their 10-year life. You may want 

to consider ways to ensure that the intended tax benefits are realized before too 

much more of the remaining 10-year production cycle runs out. 

Answer. I can commit to work with the IRS Chief Counsel and consult further 

with your staff on this issue, if confirmed. 

QUESTIONS SUBMITTED BY HON. RON WYDEN

Question. Mr. McIntosh, while no one questions that we need to get our long-term 

deficits under control, we shouldn’t risk the full faith and credit of the United States 

to address the debt limit, a key function of the Treasury Department. Raising the 

debt limit is a necessary response to past spending and revenue decisions, allowing 

the Federal Government to borrow what it needs to honor existing laws and commitments. 

The United States has the best credit in the world because investors believe the 

government will always honor those commitments. If it ever fails to do so, it may 

be impossible to restore the faith of investors. 

Republican ‘‘debt prioritization’’ proposals would have Treasury pay interest payments to China and pay Social Security benefits, while defaulting on military salaries, benefits to veterans and seniors on Medicare, and payments to defense contractors. The Federal Government makes 80 million payments each month, all of which 

were previously authorized by Congress. 

As former Treasury Secretary Lew has attested, debt prioritization is not a viable 

back-up plan for Treasury if Congress fails to raise the debt limit—there is just no 

such thing as ‘‘managed default.’’ Default is default and global credit markets will 

recognize it. 

Mr. McIntosh, as Treasury General Counsel, will you advise Secretary Mnuchin 

and members of Congress that all Federal debts must be honored, or, that Treasury 

can pay some debts while defaulting on others? 

Answer. I share Secretary Mnuchin’s publicly stated view that the government 

should meet all of its outstanding obligations and that Congress should act to raise 

the debt limit as soon as possible. 

Question. Mr. McIntosh, as Chairman of the Committee on Foreign Investment in 

the United States, the Secretary is responsible for evaluating the national security 

implications of specific foreign investments and recommending whether to modify or 

reject them. During your meeting with staff you indicated you would not object to 

the Secretary meeting with the White House regarding a specific transaction under 

consideration by CFIUS and that the President’s views should be given ‘‘great 

83 

weight.’’ You also said that you would ‘‘probe the position’’ if you thought a financial 

interest was motivating the recommendation, but that, as you put it, ‘‘there is very 

little you can do about being lied to.’’ 

I appreciate your honest engagement with staff on these difficult questions. 

On your last point, regarding what might be done to mitigate the risk that financial interests of White House officials would improperly influence the Secretary’s decisions in a CFIUS matter, do you agree that it may be useful for you to have additional information regarding the particular financial interests of those officials in 

order to advise the Secretary on White House involvement in a CFIUS matter? 

Answer. I do not believe the statements attributed to me in this question accurately reflect my position as to the functioning of the CFIUS process. So as to put 

my answer to this question in proper context, I will first explain my view of that 

process. 

First, CFIUS’s mandatory members are drawn from a wide variety of agencies, 

and all CFIUS members are obliged by law to evaluate a covered transaction impartially to determine the effects of the transaction on the national security of the 

United States according to the applicable statutory factors, not based on nonstatutory criteria such as any particular individual’s pecuniary interest. 

Second, it is my understanding that in the statute mandating reviews of covered 

transactions, Congress specified that such reviews are to be conducted by ‘‘the President, acting through the Committee’’; that pursuant to a longstanding executive 

order followed by Presidents of both parties, two components of the Executive Office 

of the President—the Office of Science and Technology Policy and the U.S. Trade 

Representative—are full members of the committee; that under the same order, 

other White House components—including the National Security Council and National Economic Council staffs—may serve as observers of and participants in 

CFIUS reviews, as appropriate; and that in the CFIUS statute, Congress provided 

that the final decision to suspend or prohibit a covered transaction that threatens 

to impair the national security of the United States is made by the President. Notwithstanding those facts, it is my understanding that the vast majority of the 

CFIUS process is handled by portions of the executive branch other than the White 

House. My responses to your staff’s questions were intended to describe the CFIUS 

process and the statutory allocation of authorities in that process as they exist and 

have been executed by Presidents of both parties, not to suggest some desire to 

change existing practice. 

Third, all participants in the CFIUS process are obligated to carry out their 

CFIUS responsibilities in adherence to the ethical duties that apply to them. 

Fourth, top executive branch personnel, including White House staff, are required 

by law to file periodic reports disclosing their financial interests, and those reports 

are publicly available. 

In summary, the CFIUS process has certain built-in safeguards for the integrity 

of that process. The diversity of views and viewpoints represented on CFIUS, the 

consideration of specified statutory factors, the ethical obligations incumbent on all 

participants, and the mandatory financial disclosures required of executive branch 

employees all serve to guard against inappropriate interference in the CFIUS process. With regard to your question about whether CFIUS should receive additional 

information beyond the information currently provided, I understand that CFIUS already has broad authority to request information from the parties to a covered 

transaction during a review or investigation of a transaction. Because I am not currently serving at the Treasury Department or involved in the CFIUS process, I do 

not have a view, or the information necessary to formulate a well-informed view, 

as to whether the information available to CFIUS is sufficient to inform it fully of 

all relevant considerations. 

QUESTIONS SUBMITTED BY HON. DEBBIE STABENOW

Question. Pensions are a key lifeline for many Michigan families—and an earned 

benefit based on a lifetime of hard work. About 47,000 workers and retirees in my 

State have been paying into the Central States Pension Fund, which is in serious 

trouble and in desperate need of a workable solution. I recently led a letter along 

with 13 of my colleagues, to Secretary Mnuchin and the other members of the PBGC 

board asking about what the administration proposes to protect the hard-earned 

pension benefits of American workers and retirees. Obviously, any proposal has to 

84 

be enacted into law by Congress, but the administration is in a position to lead on 

this issue. 

To the extent that you are involved in this issue at Treasury, do you commit to 

making the protection of workers’ pension benefits a top priority? 

Answer. I appreciated the opportunity to discuss this important issue with you 

in your office. As you know, the Treasury is required by statute to implement the 

Multiemployer Pension Reform Act of 2014 (MPRA). MPRA allows the sponsors of 

severely underfunded multiemployer pension plans to apply to Treasury for permission to reduce the retirement benefits of participants to avoid insolvency that could 

trigger even deeper cuts. To protect beneficiaries, the statute requires applicants to 

demonstrate, among other things, that any proposed suspension of benefits will 

meet but not materially exceed the level required to avoid insolvency. If the application satisfies all applicable legal requirements, Treasury is required by law to approve the application. Although the office responsible for reviewing applications 

under MPRA is not within the Office of the General Counsel, it is my understanding 

that Treasury is committed to carefully and thoughtfully complying with all legal 

requirements when deciding whether to approve MPRA applications. If confirmed, 

I look forward to assisting tax policy and other retirement policy experts at the 

Treasury Department in developing better ways to protect the pensions of hardworking Americans. 

Question. The Committee on Foreign investment in the United States is tasked 

with reviewing foreign transactions in the United States and their national security 

implications. I am very concerned about the growth in acquisitions of U.S. companies by state-owned enterprises (SOEs)—in particular, Chinese SOEs. 

Do you believe the CFIUS process needs to be reformed to keep up with the increasing volume of purchasing activity we’re seeing from Chinese SOEs? 

Answer. Protecting our national security is central to the Treasury Department’s 

mission, and CFIUS is a crucial tool in fulfilling that mission. I also believe CFIUS 

is, and should continue to be, focused on ensuring that any national security risks 

posed by the transactions subject to its review are identified and addressed. My understanding is that CFIUS has the statutory authority to review a broad range of 

transactions and consider a wide range of threats, including those that are unique 

to SOEs. 

With respect to potential CFIUS reforms, I believe it is important that we consider whether the U.S. Government has and is properly exercising all appropriate 

tools to address emerging national security risks. I understand that the Treasury 

Department is carefully considering whether any steps are necessary to further enhance CFIUS authorities and, if so, what steps would be most effective in addressing specific emerging risks. If confirmed, I am committed to providing legal support 

to this initiative. 

Question. If yes, are you committed to working with members of Congress to reform and modernize the CFIUS process to ensure that all sectors of the economy 

are represented on the panel, including making USDA and HHS permanent members of CFIUS? 

Answer. If confirmed, I am committed to reviewing the current CFIUS process 

and working with members of Congress and members of this administration to address new challenges CFIUS faces. 

QUESTIONS SUBMITTED BY HON. BILL NELSON

Question. On the website of Sullivan and Cromwell it lists your work as counsel 

to BP in the aftermath of the Deepwater Horizon oil spill among your accomplishments. Please describe what you did for BP in relation to the spill. 

Answer. Beginning in mid-2015, more than 5 years after the Deepwater Horizon 

oil spill, I (along with colleagues from Sullivan and Cromwell) represented BP in 

negotiating the settlement of most of BP’s then-outstanding liabilities arising out 

of the spill, including payments to the Federal Government, the five States bordering the Gulf of Mexico, several hundred local government entities, and various 

private plaintiffs. I also worked briefly on analyzing a discrete legal question in the 

immediate aftermath of the spill. 

Question. On the website of Sullivan and Cromwell it lists your work representing 

Volkswagen and Audi in their emissions reporting case among your accomplishVerDate Sep 11 2014 20:33 May 30, 2018 Jkt 000000 PO 00000 Frm 00088 Fmt 6601 Sfmt 6621 R:\DOCS\30209.000 TIM
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ments. Please describe what you did for Volkswagen and Audi in relation to their 

emissions scandal. 

Answer. In 2016 and 2017, I (along with colleagues from Sullivan and Cromwell) 

represented Volkswagen and Audi in negotiating the settlement of Federal criminal, 

environmental, customs, and other claims arising out of the diesel emissions matter. 

The settlement involved agreements with the Justice Department’s Civil Division, 

Criminal Division, and Environment and Natural Resources Division, and Customs 

and Border Protection at the Department of Homeland Security. 

Question. The final settlement between BP and the Department of Justice did not 

stop BP from writing off some of the settlement payments from its taxes, including 

natural resource damages. Did you play a role in protecting the deductibility of 

these payments for BP? 

Answer. The deductibility and non-deductibility of various types of settlement 

payments is controlled by law. In the case of BP’s 2015 Deepwater Horizon settlements, the Federal consent decree—which has been approved by a Federal judge— 

expressly provided that no tax deduction could be taken for civil penalty payments 

and did not specify the tax treatment of other settlement payments, and the agreement with the States bordering the Gulf of Mexico did not specify the tax treatment 

of the payments thereunder. I was involved in the negotiation of these two settlement agreements, but I am not a tax lawyer, I regarded the tax treatment of the 

various payments thereunder to be controlled by Federal law, and I did not regard 

my work to involve protecting the tax treatment dictated by applicable law. 

Question. Do you think it is wrong for corporations to try to use loopholes in law 

to get out of their responsibilities? Why? 

Answer. Corporations should fulfill the responsibilities that apply to them, not attempt to get out of those responsibilities, because corporations, no less than individuals, are obliged to fulfill the responsibilities they bear. In our system, the governed—whether individuals or corporations—have a right to fair notice of the legal 

obligations that apply to them, and we strive to secure that right by having their 

legal obligations clearly set forth in the law as written. 

Question. Would you advise the Secretary of the Treasury, to the fullest extent 

allowed by law, to close loopholes that allow corporations or individuals to undermine the intent and spirit of the law? 

Answer. In our system, the governed—whether individuals or corporations—have 

a right to fair notice of the legal obligations that apply to them, and we strive to 

secure that right by having their legal obligations clearly set forth in the law as 

written. As such, it is important that the law be written in a way that fulfills its 

intent. In some areas of the law, Congress has granted Federal agencies the authority to promulgate appropriate anti-abuse rules designed to reinforce a statutory 

standard or prevent gaps in compliance. In other cases, only Congress has the power 

to amend the law where it perceives the law as written to include ‘‘loopholes’’ that 

conflict with Congress’s intent. In light of those principles, if confirmed, I would advise the Secretary that regulations and guidance the Department may promulgate 

must be consistent with the statutory text adopted by Congress and, to the extent 

allowed by law, should have as a goal prevention of ‘‘undermin[ing] the intent and 

spirit of the law,’’ insofar as the law’s intent and spirit are ascertainable and not 

inconsistent with the statutory text. 

QUESTIONS SUBMITTED BY HON. MICHAEL F. BENNET

Question. Mr. McIntosh, as you know, Treasury serves as a powerful stabilizing 

force for our country. Part of that stability is preserved by insulating Treasury from 

politics, which is central to the role of the General Counsel. 

Do you agree that Treasury’s work to combat illicit financial activity, impose sanctions, and conduct national security reviews through the CFIUS process should be 

free from political interference? Do you believe the same is also true for tax administration and enforcement at the IRS? 

Answer. The Treasury Department’s programs and activities should be administered consistent with all applicable laws, regulations, and administration policies, 

in a manner that is free from any improper influence. 

Question. Mr. McIntosh, I am deeply concerned about President Trump and his 

family’s ongoing financial conflicts of interest. These conflicts have the potential to 

86 

result in the President and his family’s financial interests being directly impacted 

with his and his family’s knowledge by policies, investigations, national security reviews, enforcement actions, and other matters related to your responsibilities at the 

Department of the Treasury. 

Can you commit that you will not allow anyone—from the White House or otherwise—to interfere with Treasury’s work to combat illicit financial activity, to enforce 

sanctions, or to conduct national security reviews, even if a company affiliated with 

President Trump, his close associates, or family members is involved? 

Answer. I am committed to supporting the evenhanded and impartial enforcement 

of our Nation’s anti-money laundering laws, economic sanctions regime, and CFIUS 

review process, consistent with all applicable statutes and the Constitution. 

Question. Can you also commit to doing everything within your power to protect 

the IRS from political interference generally, whether from the President, his family, or his associates? 

Answer. I believe that the neutral administration and enforcement of our Nation’s 

tax law is an inviolable public trust and that the IRS should operate free of any 

improper influence. 

Question. Mr. McIntosh, will you notify this committee if inappropriate political 

interference occurs, from the White House or otherwise, in any of these areas? 

Answer. I am committed to ensuring that the Treasury Department’s programs 

and activities are administered consistent with all applicable laws, regulations, and 

administration policies, in a manner that is free from improper influence. 

QUESTIONS SUBMITTED BY HON. ROBERT P. CASEY, JR. 

Question. Mr. McIntosh, following up on my hearing question, now that you’ve 

had the opportunity to review the statute, as Treasury General Counsel, would you 

advise the Secretary to respond to Senators’ requests for information regardless of 

their party affiliation. That is, would you advise the Secretary that it is improper 

to only respond to requests from Republican offices and not requests from Democratic offices? 

Answer. My prior service in the executive branch impressed upon me the importance of a strong, constructive working relationship between agencies and Congress. 

Responsiveness to congressional requests for information promotes comity between 

coequal branches of government and aids Congress in performing its important constitutional responsibilities. Accordingly, if confirmed, I would advise the Department 

of the Treasury to respond appropriately to all inquiries from members of Congress 

without regard to party affiliation. 

Question. Mr. McIntosh, as Treasury General Counsel, if you determine it is lawful for the Secretary to only respond to requests from Republican offices and not requests from Democratic offices, will you inform the chairman and ranking member 

of the Finance Committee of that determination and provide them a copy of that 

determination? 

Answer. Please see my response to the question above. 

Question. Mr. McIntosh, if White House Counsel directs Treasury or any office 

within Treasury to only respond to Republican offices and not Democratic offices, 

will you follow that direction? 

Answer. Please see my response to the first question. 

Question. Mr. McIntosh, if White House Counsel directs Treasury to only respond 

to Republican offices and not respond to letters or requests for information from 

Democratic offices, will you inform the chairman and ranking member of the Finance Committee that you have been directed by White House Counsel to not respond to Democratic requesters? 

Answer. Please see my response to the first question. 

Question. Mr. McIntosh, if at any time White House Counsel requests that Treasury not respond to the request or requests of a member or members of this Finance 

committee, will you inform the chairman and ranking member of the Finance Committee of that White House Counsel request? 

Answer. Please see my response to the first question. 

87 

Question. Mr. McIntosh, in January, I asked Secretary Mnuchin to provide a copy 

of the number of foreclosures OneWest Bank engaged in in Pennsylvania while he 

owned OneWest Bank, as well as State-by-State foreclosure data. Secretary Mnuchin provided State foreclosure numbers to Senator Heller prior to his confirmation 

in January, but he has yet to provide Democratic requesters the same information. 

In other words, a Republican Senator has received a response for information from 

the Secretary, but Democratic offices have not received a response for similar information from the Secretary. 

Is it proper for the Secretary to provide this information to a Republican Senator 

and not a Democratic Senator? 

Answer. I am not familiar with the details of either request described here; nor 

do I have access to any nonpublic information concerning this issue. As a result, I 

cannot offer a responsible, well-informed opinion on this matter. 

Question. What advice and recommendation would you provide to the Secretary 

with respect to this specific situation? 

Answer. Please see my response to the first question and the question above. 

Question. Mr. McIntosh, the Committee on Foreign Investment in the United 

States was established to review transactions that could result in a U.S. business 

being controlled by a foreigner, in order to determine the impact of these transactions on national security. Given the sensitivity of these investigations, only affirmative determinations, those that are found to present national security risks, 

are made public. The President has the discretion to not exercise his authority to 

stop a transaction, even if CFIUS makes a determination that a transaction presents a national security risk. 

With respect to CFIUS investigations, do you have (or intend to establish) a process to review internal conflicts of interest? 

If so, please describe that process. 

Will you require members of the administration, including members of the Cabinet, with an implicit or explicit interest in the transaction to recuse themselves? 

Will you establish protocols to determine whether any member of the administration, including the President or the Treasury Secretary, has an interest in the business under review or a financial interest in the home country of the acquiring entity? 

If a conflict is found, will you advise such individuals recuse themselves from 

CFIUS proceedings? 

How would you respond if you, the Secretary, or the Treasury Under Secretary 

for International Affairs, received or a request from the President or a member of 

the administration that Treasury either initiate a CFIUS investigation, requesting 

Treasury drop an ongoing CFIUS investigation or requesting Treasury to not commence a CFIUS investigation? 

Answer. I understand that Treasury already has in place a robust process for assessing and handling conflicts of interest with respect to Treasury’s participation in 

the CFIUS process. Each department and office that participates in CFIUS is responsible for handling the conflicts of interest of its staff in accordance with law and 

agency ethics policies. I understand that these policies provide standards and guidelines for recusal. If confirmed, I will work to ensure that all applicable laws and 

conflicts of interest policies are appropriately applied to Treasury staff, including 

those related to recusal and to the appropriate functioning of CFIUS. 

QUESTIONS SUBMITTED BY HON. CLAIRE MCCASKILL

Question. What guidance should the Treasury provide to the Trump Organization 

concerning the procedures it should follow in transferring payments, including the 

timing of these payments, policies for determining their necessity, and any documentation or other details that should accompany them? 

Answer. Based on press reports, I understand that the Trump Organization has 

indicated that it will donate profits from foreign government payments made to the 

Organization’s hotels on an annual basis. Reports further indicate that any such 

profits will be identified based on policies and procedures developed by the Trump 

Organization. The website of Treasury’s Bureau of the Fiscal Service provides guidVerDate Sep 11 2014 20:33 May 30, 2018 Jkt 000000 PO 00000 Frm 00091 Fmt 6601 Sfmt 6621 R:\DOCS\30209.000 TIM
88 

ance on how to make gifts to the U.S. Government. The website states that financial 

gifts can be made by check or money order payable to the United States Treasury 

and mailed to a P.O. Box in Parkersburg, WV. More information is available on the 

Fiscal Service’s website at https://www.fiscal.treasury.gov/fsfaq/faq_gifts_to_govt. 

htm. 

Question. What standards should the Treasury employ internally in determining 

whether specific transfers from the Trump Organization—resulting from particular 

examples of foreign government patronage—are necessary to enable President 

Trump to fulfill his ethical promises? 

Answer. I understand the premise of your question as relating to the Trump Organization’s decision to donate voluntarily to the United States Treasury certain 

profits earned by Trump Organization hotels. Because I understand these payments 

would be gifts to the U.S. Government, my understanding is that this is a Trump 

Organization matter and not a Treasury matter. 

Question. What standards should the Treasury employ internally in calculating 

whether transfers from the Trump Organization represent the full amounts due 

under the guidelines President Trump has established? 

Answer. Please see my response to the question above. 

Question. What oversight should the Treasury conduct, in general, regarding 

whether President Trump and the Trump Organization have fulfilled their payment 

obligations under the ethical guidelines President Trump has established? 

Answer. My understanding is that any such payments are being made by the 

Trump Organization on a voluntary basis, as gifts to the U.S. Government. As such, 

it is my understanding that any question concerning whether the Trump Organization has remitted any such payment should be directed to the Trump Organization. 

Question. At what intervals should the Treasury make disclosures to the public 

and Congress concerning transfers from the Trump Organization, if any, and what 

information, specifically, should these disclosures contain? 

Answer. My understanding from press reports is that any such payments will be 

made by the Trump Organization on a voluntary basis. It is my expectation that 

such payments would be handled by the Treasury Department consistent with all 

applicable laws governing gifts to the Treasury. 

Question. What efforts should the Treasury undertake to determine the full extent 

of President Trump’s debts, including debts held by both international and domestic 

creditors, securitized debts and corresponding investors, and debts for limited liability partnerships in which President Trump or the Trump Organization maintains 

a minority share? 

Answer. It is unclear to me in what context Treasury would have the responsibility or authority to undertake such inquiry. 

Question. Will you commit to providing a full and public report of the debts described above to Congress, and if so, what level of detail will this report contain? 

Answer. As noted above, it is unclear to me in what context Treasury would have 

the responsibility or authority to undertake such inquiry. 

Question. What measures should the Treasury take to insulate Treasury decisionmaking from conflicts of interest arising from debts incurred by President Trump, 

the Trump Organization and related entities, or any members of the Trump family? 

Answer. As I understand it, Treasury is responsible for facilitating ethics compliance by Treasury employees to protect the integrity of Treasury decision-making. 

Potential conflicts of interests for Treasury employees turn on their personal financial interests, not the financial interests (including debts) of others. 

PREPARED STATEMENT OF HON. RON WYDEN, A U.S. SENATOR FROM OREGON

This morning, the Finance Committee will consider four nominations: 

• Mr. Eric Hargan to be Deputy Secretary of the Health and Human Services 

Department; 

• Mr. David Malpass to be Under Secretary for International Affairs at the 

Treasury Department; 

89 

• Mr. Drew Maloney to be Deputy Under Secretary of the Treasury Department 

for Legislative Affairs; and 

• Mr. Brent McIntosh to be the Treasury Department General Counsel. 

Let me begin with Mr. Hargan’s nomination to be HHS Deputy Secretary. It’s the 

second-highest ranking position at the Department, effectively the chief operating 

officer, a big job that encompasses a lot more than making sure the trains run on 

time. As an example, Mr. Hargan held this job on an acting basis during the Bush 

administration. If The Wall Street Journal is to be believed, he used his position 

to block efforts by the FDA to increase food safety inspections. 

Today, with HHS pushing a radical agenda that would send the number of Americans without health coverage through the roof, endanger seniors who count on Medicaid for nursing home care, and slash the programs that lay out basic living standards for working families, Mr. Hargan and every HHS nominee will face serious 

questions about how they’d approach their roles. 

Next, if confirmed, Mr. Malpass would lead the office at Treasury in charge of advancing our leadership in the global economy. It’s a tough job under any President. 

It’s extraordinarily difficult under this one. Senior Trump officials regularly contradict each other on major economic policy issues, and then the President contradicts them. Is the administration for a strong dollar or a weak dollar? Nobody 

knows. Statements and actions on climate, trade and NATO have alienated longtime allies and close economic partners, handing China greater power and influence. 

Given all that, it’ll be vital to focus on finding policies that give all Americans a 

chance to get ahead and advance our country’s interests at the same time. 

Mr. McIntosh is nominated to be Treasury General Counsel. A key part of his 

portfolio, if confirmed, will be guaranteeing that sanctions and rules on foreign investment are enforced and adhered to. And during an administration rife with scandal and conflicts—reportedly including undisclosed meetings with a Russian bank 

under sanction—the Treasury General Counsel has to be unflinching in their commitment to that task, even if they come under pressure to neglect it. 

Finally, I want to take a moment to address the issue of congressional oversight, 

which is closely relevant to the jobs Mr. McIntosh, as General Counsel, and Mr. 

Maloney, as Deputy Under Secretary for Legislative Affairs, are nominated to fill 

at the Treasury. 

Word has come down from the Trump White House that the executive branch essentially has free reign to ignore the questions that come from Democrats conducting oversight. The White House counsel’s office is quoted as saying that the administration will only respond to the chairmen of congressional committees, and of 

course all the chairmen are Republicans. So this is a stated policy of stonewalling 

Democratic lawmakers. 

I want to make my feeling on this clear. This is a disgrace, and it is deeply undemocratic. Members of Congress do not conduct oversight of the executive branch 

for sport. Our obligation to perform vigorous oversight is derived from the powers 

laid out in Article One of the Constitution. We ask questions directly on behalf of 

the people we represent, and it’s those people, not just us in Congress, the administration owes answers to. Bottom line, this is not the behavior of a government that 

sees itself as answerable to the people. 

The Finance Committee has a bipartisan tradition of supporting the right of the 

minority to get responses from the administration regardless of party. One of the 

questions this committee poses to every executive branch nominee that comes before 

us is, ‘‘do you commit to provide a prompt response in writing to any questions addressed to you by any Senator of this committee?’’ I’ll repeat the last part—‘‘any 

Senator of this committee,’’ not ‘‘any Senator of this committee with an ‘‘R’’ next to 

their name.’’ When nominees answer ‘‘yes,’’ we take them at their word. 

This is an issue near and dear to members on both sides. Senator Grassley’s got 

a track record of fighting as hard as anybody out there for transparency and responsiveness from the executive branch. And I’d wager that every member on my side 

of the dais could rattle off examples of letters they’ve sent to this administration 

only to get nothing substantive in return. 

It’s true that in the Trump administration, Treasury has not been the worst culprit in terms of stonewalling oversight inquiries. If confirmed, Mr. McIntosh and 

Mr. Maloney will have a direct hand in working with Congress on these issues. And 

very shortly they’ll get that same question asked of every nominee who sits before 

90 

this dais. So it’s my expectation that Mr. McIntosh and Mr. Maloney will help guarantee that the department responds to the inquiries of all of the committee’s members, not just those of the President’s party. 

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