U.S. GOVERNMENT PUBLISHING OFFICE

31–547 PDF WASHINGTON : 2018

S. HRG. 115–330 

HEARING ON THE NOMINATIONS OF MARY 

BRIDGET NEUMAYR TO BE A MEMBER OF 

THE COUNCIL ON ENVIRONMENTAL QUALITY 

AND JOHN C. FLEMING TO BE ASSISTANT 

SECRETARY OF COMMERCE FOR ECONOMIC 

DEVELOPMENT 

HEARING 

BEFORE THE

COMMITTEE ON 

ENVIRONMENT AND PUBLIC WORKS 

UNITED STATES SENATE 

ONE HUNDRED FIFTEENTH CONGRESS 

SECOND SESSION 

JULY 19, 2018 

Printed for the use of the Committee on Environment and Public Works 

( 

Available via the World Wide Web: http://www.govinfo.gov 

(II) 

COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS 

ONE HUNDRED FIFTEENTH CONGRESS 

SECOND SESSION 

JOHN BARRASSO, Wyoming, Chairman 

JAMES M. INHOFE, Oklahoma 

SHELLEY MOORE CAPITO, West Virginia 

JOHN BOOZMAN, Arkansas 

ROGER WICKER, Mississippi 

DEB FISCHER, Nebraska 

JERRY MORAN, Kansas 

MIKE ROUNDS, South Dakota 

JONI ERNST, Iowa 

DAN SULLIVAN, Alaska 

RICHARD SHELBY, Alabama 

THOMAS R. CARPER, Delaware 

BENJAMIN L. CARDIN, Maryland 

BERNARD SANDERS, Vermont 

SHELDON WHITEHOUSE, Rhode Island 

JEFF MERKLEY, Oregon 

KIRSTEN GILLIBRAND, New York 

CORY A. BOOKER, New Jersey 

EDWARD J. MARKEY, Massachusetts 

TAMMY DUCKWORTH, Illinois 

CHRIS VAN HOLLEN, Maryland 

RICHARD M. RUSSELL, Majority Staff Director 

MARY FRANCES REPKO, Minority Staff Director 

(III) 

C O N T E N T S 

Page 

JULY 19, 2018 

OPENING STATEMENTS 

Upton, Hon. Fred, U.S. Representative Senator from the State of Michigan .... 1 

Cassidy, Hon. Bill, U.S. Senator from the State of Louisiana ............................. 3 

Barrasso, Hon. John, U.S. Senator from the State of Wyoming .......................... 3 

Carper, Hon. Thomas R., U.S. Senator from the State of Delaware ................... 5 

WITNESSES 

Neumayr, Mary Bridget, Nominated to be a Member of the Council on Environmental Quality ................................................................................................ 7 

Prepared statement .......................................................................................... 10 

Responses to additional questions from: 

Senator Barrasso ....................................................................................... 12 

Senator Carper .......................................................................................... 15 

Senator Capito ........................................................................................... 33 

Senator Duckworth ................................................................................... 34 

Senator Markey ......................................................................................... 36 

Senator Merkley ........................................................................................ 38 

Senator Whitehouse .................................................................................. 40 

Fleming, John C., Nominated to be Assistant Secretary of Commerce for 

Economic Development, Department of Commerce .......................................... 45 

Prepared statement .......................................................................................... 47 

Responses to additional questions from: 

Senator Barrasso ....................................................................................... 49 

Senator Carper .......................................................................................... 50 

Senator Gillibrand ..................................................................................... 52 

Senator Whitehouse .................................................................................. 56 

ADDITIONAL MATERIAL 

Letters of Responce in Support of Nominations .................................................... 84 

(1) 

HEARING ON THE NOMINATIONS OF MARY 

BRIDGET NEUMAYR TO BE A MEMBER OF 

THE COUNCIL ON ENVIRONMENTAL QUALITY AND JOHN C. FLEMING TO BE ASSISTANT SECRETARY OF COMMERCE FOR ECONOMIC DEVELOPMENT 

THURSDAY, JULY 19, 2018 

U.S. SENATE, COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS, Washington, DC. 

The committee met, pursuant to notice, at 10:05 a.m. in room 

406, Dirksen Senate Building, Hon. John Barrasso (chairman of 

the committee) presiding. 

Present: Senators Barrasso, Inhofe, Capito, Boozman, Wicker, 

Fischer, Rounds, Ernst, Sullivan, Carper, Cardin, Whitehouse, 

Gillibrand, Booker, Markey, and Van Hollen. 

Senator BARRASSO. Before we begin today’s hearing, I want to 

announce that the Acting EPA Administrator, Andrew Wheeler, 

will come to testify before this committee on August 1. When I 

spoke with Acting Administrator Wheeler, he told me our committee was first on his list so I am very pleased, Ranking Member, 

to inform you and everyone here that we will be hearing from him 

very soon. 

Senator CARPER. I am Tom Carper and I approve this message. 

Senator BARRASSO. The hearing on August 1 will be an opportunity to learn about the work being done by the agency to protect 

America’s environment and allow our Nation’s economy to grow. 

I call this hearing to order. 

I know the House is going to be voting in the next few minutes, 

so we will go a little bit out of order. I am going to call on Representative Upton to make an introduction and then I will give my 

opening statement after that. I will go to Senator Cassidy as well 

because I know he has additional responsibilities. 

OPENING STATEMENT OF HON. FRED UPTON, 

U.S. REPRESENTATIVE FROM THE STATE OF MICHIGAN 

Mr. UPTON. Thank you, Mr. Chairman. 

I really appreciate that. We are going to have votes shortly. 

I see my tennis partner, Senator Capito, and I always give her 

a little jab when we are playing. I say where is my phone book? 

I always thought you had a phone book over here in the Senate. 

2 

I am delighted to be here. I am here on a special mission, one 

I know both sides of the aisle will appreciate. 

I have the distinct honor and great pleasure to introduce a really 

wonderful and distinguished individual, Mary Neumayr, who is sitting right behind me, for consideration of her nomination for the 

Council on Environmental Quality. 

I met her back in 2009 just after she joined the Minority staff 

of the Energy and Commerce Committee. I later, of course, chaired 

that committee. At the time, I was working with Ed Markey on 

what became known as the American Isotopes Protection Act, 

which we both co-sponsored and lead. 

She worked across the aisle with the Majority counterpart, Jeff 

Baran, now a commissioner of the NRC, to help us successfully 

move the bill through the committee. We passed it on the House 

floor 400–17 and it became law 2 years later. 

Mary’s thoughtful advice helped us write a law that navigated 

the challenging issues of non-proliferation and public health, ensuring the effective and economical delivery of medical imaging services upon which we know tens of thousands of folks rely daily here 

in the U.S. 

Her grasp of the legal and public health issues and her appreciation of the driving need to prioritize the interests of people who ultimately would benefit from the law demonstrated the qualities 

that served the committee well throughout my 6 years as Chair 

and I know will serve the Country well should she be confirmed. 

Her exemplary service as a committee counsel, her humble and 

perceptive demeanor, and her sharp mind certainly reflect the experience of a 20-year legal and government career. The roots of her 

qualities reflect her loving and vibrant family, which is why this 

room is so full, and her faith and thoughtful education. 

A native of California, she was raised in a family that loved 

learning, activity outdoors, sports and most importantly, service to 

others. 

After college and law school in California, she practiced for many 

years at prestigious firms in New York and San Francisco before 

joining the Department of Justice in 2003. 

CEQ performs a critical mission for ensuring the protection of 

the environment and the pursuit of various policies for the American public. From the testimony of her friends and coworkers over 

these years, and from my own experience, I know she has demonstrated that she is more than well qualified to serve in the role 

as Chair of the CEQ. 

She has not only proven her abilities as the Chief of Staff and 

effectively the highest ranking official at CEQ over the last year, 

she has also proven her qualifications and dedication in public 

service throughout her several posts in government. 

Both Chairman Walden and I have urged you to take into account our direct knowledge of her capabilities as I am positive 

other members who know her on both sides of the aisle share our 

view given their experience and with her 8 years as Senior Counsel 

and then Deputy Chief Counsel for Energy and Environment on 

the Energy and Commerce Committee. 

We all benefited from her knowledge. It ought to be a slam dunk. 

3 

I yield back the balance of my time. Thank you for your time 

today. 

Senator BARRASSO. Thank you, Representative Upton. We appreciate your taking time to join us. I know you have to get back to 

the House so you are excused. We appreciate having you here. 

Mr. UPTON. Thank you. 

Senator BARRASSO. Senator Cassidy, if it is convenient for you, 

I would like to invite you to use this time to introduce Dr. Fleming. 

OPENING STATEMENT OF HON. BILL CASSIDY, 

U.S. SENATOR FROM THE STATE OF LOUISIANA 

Senator CASSIDY. Thank you for your consideration. 

Chairman Barrasso, Ranking Member Carper, and members of 

the committee, I thank you for the opportunity to introduce my 

friend and our former congressional colleague, John Fleming. 

John has been nominated by the President to serve as the Assistant Secretary of Commerce for Economic Development at the Department of Commerce. John, congratulations. I also recognize your 

wife, Cindy, who is a wonderful person. 

To my Senate colleagues, know that John has dedicated his life 

to service. After completing under graduate and medical studies at 

the University of Mississippi, John enlisted in the Navy joining the 

Medical Corps. 

Following military service, John served others as a family practitioner in Minden, Louisiana. He is also a small business owner. He 

employs over 500 fellow Americans in his various small businesses. 

In 2008, John was elected to represent Louisiana’s Fourth congressional District, serving four terms. While in Congress, John 

worked to diversify north and central Louisiana’s economy and 

work force toward a technology-driven, knowledge-based economy. 

He coordinated cooperative efforts across government, industry 

and educational institutions resulting in development of the National Cyber Research Park, home to high tech professionals employed by cyber-related companies, government and institutions of 

higher education. 

He helped develop a comprehensive K–12 cyber curriculum focused on growing the next generation work force which now benefits nearly 3 million students across the United States. He has also 

helped veterans re-enter civilian life by working to create opportunities to develop skills in various cyber-related career fields. 

Since leaving Congress, John has served as the Deputy Assistant 

Secretary of Health IT Reform at the Department of Health and 

Human Services. He has now been asked to serve in a new capacity 

at the Commerce Department. 

His accomplishments combined with his background as a policymaker, business leader, and member of the military make him an 

excellent choice to help lead the Administration’s economic development efforts. I am proud to support him and thank the committee 

for the opportunity to introduce my fellow Louisianan. 

OPENING STATEMENT OF HON. JOHN BARRASSO, 

U.S. SENATOR FROM THE STATE OF WYOMING 

Senator BARRASSO. Thank you so much, Senator Cassidy. I know 

you have another commitment at this time, so you are excused. I 

4 

appreciate your being here to share your wonderful thoughts and 

recommendations for Dr. Fleming. 

Today, we will consider the nominations of Mary Bridget 

Neumayr to be a member of the Council on Environmental Quality, 

or the CEQ, and John C. Fleming to be Assistant Secretary of Commerce for Economic Development. 

Both nominees are well qualified and will bring a wealth of experience and expertise to these critical roles. I applaud President 

Trump’s nomination of these accomplished and devoted public servants. 

The President has nominated Mary Neumayr to be a member of 

the Council on Environmental Quality. Upon Senate confirmation, 

President Trump intends to designate her as chairman of the 

Council. 

Congress established CEQ under the National Environmental 

Policy Act, or NEPA. It is part of the Executive Office of the President. The Council is responsible for overseeing Federal agencies 

which implement NEPA. CEQ also develops and recommends environmental policies to the President. 

Ms. Neumayr is uniquely qualified to serve as Chairman of the 

CEQ. She currently serves as the Council’s Chief of Staff and has 

already demonstrated leadership in this capacity. She has an extensive background in environmental law. 

She previously served as Deputy Chief Counsel of Energy and 

Environment on the House Energy and Commerce Committee. She 

has also served as the Deputy General Counsel for Environment 

and Nuclear Programs at the Department of Energy. She served as 

Counsel to the Assistant Attorney General for the Environment 

and Natural Resources Division at the Department of Justice. Prior 

to her government service, Ms. Neumayr practiced law in the private sector for 14 years. 

Earlier this month, a bipartisan group of eight former General 

Counsels at the Department of Energy and Assistant Attorneys 

General at the Department of Justice wrote a letter praising Ms. 

Neumayr’s nomination. This group includes three members of the 

Obama administration and one member of the Clinton administration. Their bipartisan letter states that, ‘‘Mary Neumayr is highly 

qualified to serve as CEQ’s Chair. Through her service on Capitol 

Hill, at the U.S. Department of Energy, the U.S. Department of 

Justice, and most recently as Chief of Staff at CEQ, she has developed and has exhibited the knowledge and skills to be a highly successful CEQ Chairman. 

Moreover, and equally as important, she treats all people and all 

stakeholders with dignity and respect, and her integrity is absolutely above reproach.’’ 

President Trump has also nominated Dr. John Fleming to be Assistant Secretary of Commerce for Economic Development. The Assistant Secretary serves as the Administrator of the Economic Development Administration, the EDA. 

EDA provides development assistance to economically distressed 

portions of the Country. Dr. Fleming is well qualified for this role. 

Not only is he a former Member of Congress, a military veteran, 

and a physician, he is also a successful businessman and entrepreneur. 

5 

In this capacity, Dr. Fleming has helped launch several companies which today employ over 500 people in Louisiana. 

Dr. Fleming’s nomination has drawn praise from Don Pierson, 

Secretary of Louisiana Economic Development, who states, ‘‘Dr. 

Fleming has been instrumental in the development and execution 

of projects, which have taken root in northwest Louisiana and 

spread across the United States. 

‘‘Dr. Fleming recognized our regional economy was too heavily reliant on oil and gas, agriculture and gaming. As a result, Dr. Fleming set a path toward pivoting our economy and associated work 

force to a technology-driven, knowledge-based economy. 

‘‘His experience in public policy, business and his military background serve as the right attributes for leading economic development efforts.’’ 

I look forward to hearing from both Ms. Neumayr and Dr. Fleming as the committee considers their nominations. 

I will now turn to Ranking Member Carper for his statement. 

OPENING STATEMENT OF HON. TOM CARPER, 

U.S. SENATOR FROM THE STATE OF DELAWARE 

Senator CARPER. Thank you, Mr. Chairman. 

Good morning, one and all. Welcome to our nominees, your 

friends and families. I hope when you address us you will introduce 

not all of them, there are a lot of them here, but at least some of 

them. If you do, that will be great. 

We have two nominees before us who have been nominated to 

serve in what I believe, and I think I speak for most of us here, 

are two very important roles. 

I want to say to Mary Neumayr, thank you for spending some 

time with my staff and me this month. You have been nominated 

to lead the Council on Environmental Quality which we lovingly 

call CEQ. 

CEQ has a vital role in coordinating the efforts of a number of 

Federal agencies on cross-cutting and important environmental 

issues. I mentioned this to my colleagues before and I mentioned 

it to you, Ms. Neumayr. 

Russell Peterson, who had been a top leader in the DuPont Company, a top leader who later became Governor of Delaware, later 

became head of CEQ under Presidents Nixon and Ford Administrations, later became one of my mentors when I moved to government at the tender age of 26 coming out of the Navy. 

He sort of took me under his wing, a Republican Governor, 

former Governor and a young Democrat. I will always be grateful 

to him. I called him Governor, and I once said to him, Governor, 

tell me what the CEQ is all about. 

He said some people talk about it almost like an offensive coordinator like on a football team to try to get people on the offense to 

work together to see who can score some touchdowns. He said, I 

think of it more as an orchestra leader. You don’t play the instruments but you actually direct and try to get everyone to work in 

harmony together. 

I think that is a pretty good analogy. We need some harmony 

here in this place. Maybe you can help with some of that. 

6 

In the last Administration, CEQ led Federal efforts to strengthen 

our resilience to extreme weather, reduce our emissions of climate 

change inducing gases, and reform our broken chemical safety 

laws. The CEQ Chair also plays a critical role in protecting the environment through implementation of the National Environmental 

Policy Act, or NEPA, which helps Federal agencies make good decisions for our Nation. 

Under Ms. Neumayr’s acting leadership for the last year or so, 

CEQ has signaled an intent to make significant revisions to the 

way NEPA operates. While we should always look for opportunities 

to improve processes, I like to say if it is not perfect make it better, 

but we must also be careful not to throw the baby out with the 

bathwater by undermining critical protections for our communities, 

the environment and our health. 

The nominee to carry on this important work at CEQ must be 

someone who can build alliances, work with Congress, and determine a path forward that strengthens our economy, while protecting our health and environment. 

As I told Ms. Neumayr when we met in my office earlier this 

month, I am always looking for commonsense solutions that are 

good for our environment and our economy. I love win-win situations. I think we have a bunch of them here that I will talk a little 

about but a bunch of them we can actually talk about, we can actually deliver on. 

A good example of a commonsense solution is fuel economy and 

greenhouse gas tailpipe standards for cars and SUVs. The Department of Transportation and the Environmental Protection Administration have the opportunity to create one of those ‘‘win-win’’ situations where automakers and California, and for a lot of States, 

could both support a deal that provides some near-term flexibility 

for the auto industry in exchange for longer-term standards, more 

rigorous fuel efficiency standards beyond 2025, while helping California, and States around the Country, meet their climate goals. 

However, a draft of these rules obtained by my office earlier this 

year shows that the Trump Administration is looking to, in some 

ways, snatch defeat from the jaws of victory instead of working in 

an appropriate way to achieve consensus. CEQ can and should help 

to coordinate a true effort to govern on an environmental issue that 

does not need to be a polarizing one. 

Another example of a commonsense solution is adopting the recent changes to the Montreal Protocol that phase down HFCs, 

hydrofluorocarbons, a substance used to help cool our homes, our 

vehicles, and our food. Supporting the phase-down of HFCs allows 

U.S. companies to capture a large portion of the projected $1 trillion global market, which is out there and a prize to be seized, 

which is expected to create some 33,000 jobs in this Country in less 

than a decade. 

The phase down is also a critical action to address the effects of 

climate change. It is a win-win. U.S. business leaders have told me 

that if we walk away from this policy now, we will cede our global 

leadership to countries like China. There is a clear win-win opportunity for businesses and the environment in this instance. This 

Administration just needs to act and CEQ can help make that happen. Seize the day, carpe diem. In Delaware, we say Carper diem 

7 

but here it is carpe diem. They are the only two words of Latin I 

know. 

Our other witness this morning, John Fleming, joined by Cindy, 

has been nominated to serve as Assistant Secretary for the Economic Development Administration at the Department of Commerce. From one Navy guy to another, welcome. 

As many of our colleagues on this committee know, EDA provides 

critical infrastructure and economic assistance funding to communities across America. However, the Trump Administration has 

sought to eliminate EDA and similar economic development programs. 

In addition, the nominee himself has voted twice, and we will 

talk about this later, as a Member of Congress to eliminate funding 

for EDA. That requires some further discussion. I am sure we will 

have that here today. 

I hope that our nominee can shed some light on those previous 

votes and what those positions mean today looking to the future. 

Further, I hope that he has changed his position on those votes 

and, if confirmed, will protect and advocate for EDA programs and 

funding that provide much needed assistance to many communities 

throughout the United States. 

My home State of Delaware, not unlike the other States represented here, has been a real beneficiary of some of the EDA funding. We want to make sure we continue to have that kind of cooperation. It has been a great partnership and we value that. 

Thanks very much, Mr. Chairman. Thanks to our nominees and 

to your friends and families who are here. I look forward to the 

hearing. 

Thank you. 

Senator BARRASSO. Thank you, Senator Carper. 

I would now invite the nominees to please come to the table for 

testimony. We have both Mary Neumayr, nominated to be a member of the Council on Environmental Quality and John Fleming, 

nominated to be Assistant Secretary of Commerce for Economic Development. 

I would like to remind each of you that your full written testimony will be made a part of the record. I would ask that you try 

to keep your comments to 5 minutes so that we will have more 

time for questioning. 

We will start with Ms. Neumayr. I would invite you to first introduce any members of your family and then proceed with your testimony. 

STATEMENT OF MARY BRIDGET NEUMAYR, NOMINATED TO BE 

A MEMBER OF THE COUNCIL ON ENVIRONMENTAL QUALITY 

Ms. NEUMAYR. Thank you, Chairman Barrasso. 

I would like to introduce two members of my family. My youngest sister, Ann Braden, is here visiting from Greensboro, North 

Carolina. My two nieces, Evelyn and Madeline, are here. Evelyn is 

almost eight and Madeline is almost five. This is their first visit 

to the Senate. 

Senator BARRASSO. Is that Madeline behind you with the red bow 

in her hair? Evelyn has a red bow in her hair too. They are looking 

very sharp. Welcome. We are glad you are here. 

8 

Senator CARPER. Who is your favorite aunt? 

Ms. NEUMAYR. That is a tough question. They have a few of 

them. 

Senator BARRASSO. Please proceed at your convenience. 

Ms. NEUMAYR. Chairman Barrasso, Ranking Member Carper, 

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

appear before you today as the nominee for the position of member, 

and if confirmed, Chairman of the Council on Environmental Quality. I am honored that the President has nominated me for this position. 

I want to thank Chairman Upton for his kind introduction. I also 

want to thank my parents, family, friends and current and former 

colleagues, for all of their support. Finally, I want to thank all of 

the members of this committee and their staff who took the time 

to meet with me prior to this hearing. 

By way of background, I am a native of California, was born in 

the San Francisco Bay Area and grew up in the suburbs of Los Angeles. I am the oldest of seven children, and growing up spent most 

of my free time outdoors, including playing tennis, swimming and 

other activities. 

What I looked forward to the most, however, were family road 

trips during the summers. On these trips, we visited nearly every 

State and saw many of our Nation’s most spectacular national 

parks, rivers, mountain ranges, and coastlines. These trips gave me 

a deep appreciation of the great beauty and diversity of our Country. 

I am extremely grateful to be considered for this position. Over 

the past 15 years, I have had the privilege of working in a variety 

of roles in the Executive and Legislative branches on matters involving energy and environmental law and policy. In those roles, I 

have had the opportunity to collaborate and work closely with dedicated career officials from numerous Federal agencies and departments, as well as with members and congressional staff on both 

sides of the aisle. 

Since March 2017, I have served as the Chief of Staff of CEQ. 

In this role, I have had the pleasure of working with the agency’s 

approximately 30 lawyers, professional staff and detailees. 

In my current position, I supervise CEQ’s operations and activities, including its core responsibility of overseeing the implementation of the National Environmental Policy Act by Federal agencies. 

I also supervise the Office of Federal Sustainability which supports 

energy and environmental performance across the Federal Government. 

The National Environmental Policy Act, which established CEQ 

in 1970, was the first major environmental law in the United 

States, and is often called the Magna Carta of Federal environmental laws. The Act states that it is the policy of the Federal Government to create and maintain the conditions under which man 

and nature can exist in ‘‘productive harmony’’ for the benefit of 

present and future generations of Americans. 

If confirmed, I commit to working every day to advance this policy for communities across the Country and to promote effective environmental protection. 

9 

Under the leadership of President Trump, we have a unique opportunity to improve the governmentwide implementation of 

NEPA, and to make government processes and decisionmaking 

under this and related statutes more timely, efficient and effective 

for the American people. 

I believe that timely and efficient processes for environmental reviews and related permitting decisions under NEPA are critical to 

growing our economy, creating jobs and achieving environmental 

protection. This includes projects to modernize our Nation’s infrastructure as well as environmental restoration and other environmentally beneficial projects. 

If confirmed, my highest priority will be to advance the practical, 

efficient and effective implementation of NEPA, as well as our Nation’s other environmental laws, and to promote environmental protection consistent with congressional directives. To this end, last 

August President Trump issued Executive Order 13807 which directs Federal agencies to conduct more timely, coordinated and efficient environmental reviews and permitting processes for major infrastructure projects. 

Under this order, CEQ has worked with the Office of Management and Budget and Federal agencies to put in place a framework 

to implement a ‘‘One Federal Decision’’ policy. In addition, CEQ is 

currently undertaking other actions, including review of its NEPA 

regulations and guidance, in order to enhance and modernize the 

Federal environmental review and authorization process under 

NEPA and related statutes. 

Mr. Chairman, Ranking Member Carper, and members of the 

committee, thank you again for the opportunity to appear before 

you. I would be happy to answer any questions, and I look forward 

to working with this committee, as well as your colleagues in both 

the Senate and the House, should I have the honor of being confirmed. 

[The prepared statement of Ms. Neumayr follows:] 

10 


31547.032

Statement of Mary B. Neumayr 

Nominated to be a Member of the Council on Environmental Quality 

Before the U.S. Senate Committee on Environment and Public Works 

July 19, 2018 

Chairman Barrasso, Ranking Member Carper, and Members of the Committee, thank you for the 

opportunity to appear before you today as the nominee for the position of Member, and if 

confirmed, Chairman of the Council on Environmental Quality. I am honored that the President 

has nominated me for this position. 

By way of background, I am a native of California, was born in the San Francisco Bay Area and 

grew up in the suburbs of Los Angeles. I am the oldest of seven children, and growing up spent 

most of my free time outdoors, including playing tennis, swimming and other activities. What I 

looked forward to the most, however, were family road trips during the summers. On these trips 

we visited nearly every state and saw many of our nation's most spectacular national parks, rivers, 

mountain ranges, and coastlines. These trips gave me a deep appreciation of the great beauty and 

diversity of our country. 

I am extremely grateful to be considered for this position. Over the past 15 years, I have had the 

privilege of working in a variety of roles in the executive and legislative branches on matters 

involving energy and environmental law and policy. In those roles, I have had the opportunity to 

collaborate and work closely with dedicated career officials from numerous Federal agencies and 

departments, as well as with Members and Congressional staff on both sides of the aisle. 

Since March of 2017, I have served as the Chief of StafT of CEQ. In this role, I have had the 

pleasure of working with the agency's approximately 30 lawyers, professional staff and detailees. 

In my current position, I supervise CEQ's operations and activities, including its core 

responsibility of overseeing the implementation of the National Environmental Policy Act by 

Federal agencies. I also supervise the Office of Federal Sustainability which supports energy and 

environmental performance across the Federal government. 

The National Environmental Policy Act which established CEQ in 1970 was the first major 

environmental law in the United States, and is often called the "Magna Carta" of Federal 
11 


31547.033

environmental laws. The Act states that it is the policy of the Federal Government to create and 

maintain the conditions under which man and nature can exist in "productive harmony" for the 

benefit of present and future generations of Americans. If confirmed, I commit to working every 

day to advance this policy for communities across the country and to promote effective 

environmental protection. 

Under the leadership of President Trump, we have a unique opportunity to improve the 

government-wide implementation of NEPA, and to make government processes and decisionmaking under this and related statutes more timely, efficient and effective for the American people. 

I believe that timely and efficient processes for environmental reviews and related permitting 

decisions under NEP A are critical to growing our economy, creating jobs and achieving 

environmental protection. This includes projects to modernize our nation's infrastructure as well 

as environmental restoration and other environmentally beneficial projects. If confirmed, my 

highest priority will be to advance the practical. efficient and effective implementation ofNEPA, 

as well as our nation's other environmental laws, and to promote environmental protection 

consistent with Congressional directives. 

To this end, last August President Trump issued Executive Order 13807 which directs Federal 

agencies to conduct more timely, coordinated and efficient environmental reviews and permitting 

processes for major infrastructure projects. Under this order, CEQ has worked with the Office of 

Management and Budget and federal agencies to put in place a framework to implement a "One 

Federal Decision" policy. In addition, CEQ is currently undertaking other actions, including 

review of its NEPA regulations and guidance, in order to enhance and modernize the Federal 

environmental review and authorization process under NEPA and related statutes. 

Mr. Chairman, Ranking Member Carper, and Members of the Committee, thank you again for 

the opportunity to appear before you. I would be happy to answer any questions, and I look 

forward to working with this Committee, as well as your colleagues in both the Senate and the 

House, should I have the honor of being confirmed. 
12 


31547.034

Senate Committee on Environment and Public Works 

Hearing entitled, "Hearing on the Nominations of Mary Bridget Neumayr to be a Member of 

the Council on Environmental Quality and John C Fleming to be Assistant Secretary of 

Commerce for Economic Development" 

July 19,2018 

Questions for the Record for Mary Bridget Neumayr 

Chairman Barrasso: 

I. Red tape and a lack of coordination among federal agencies has significantly delayed 

infrastructure projects across the country. I am glad to see that the Trump administration 

has taken meaningful steps to improve the environmental review process and increase 

coordination among federal agencies. I am especially glad to see that the administration 

set a two-year goal for completing environmental reviews for these projects. Can you 

give us a progress report on these efforts? Specifically, are federal agencies on track to 

meet this two-year goal? 

Executive Order (EO) 13807 of Angnst 15,2017, titled "Establishing 

Discipline and Accountability in the Environmental Review and Permitting 

Process for Infrastructure Projects," directed Federal agencies to carry out 

environmental reviews and authorization decisions for major infrastructure 

projects pursuant to a "One Federal Decision" policy. The EO sets a 

government-wide goal of reducing the average time for snch reviews to two 

years, measured from the date of publication of a notice of intent (NO I) to 

prepare an environmental impact statement (EIS) to the date of issuance of a 

record of decision (ROD). 

Pursuant to EO 13807, on March 20,2018, the Office of Management and 

Budget (OMB) and the Council on Environmental Quality (CEQ) issued a 

framework memorandum to assist agencies with implementing the One 

Federal Decision policy. On April 9, 2018, President Trump announced that 

11 Federal agencies and the Federal Permitting Improvement Steering 

Council (Permitting Council) had executed a Memorandum of 

Understanding (MOU) committing to work collaboratively to meet the twoyear goal for major infrastructure projects. Under the EO, "major 

infrastructure projects" are projects for which multiple Federal 

authorizations are required, the lead Federal agency has decided to prepare 

an EIS, and the project sponsor has identified the reasonable availability of 

funds. 

CEQ has convened an interagency working group and is working with 

Federal agencies to implement the One Federal Decision policy and MOU for 

major infrastructure projects. Additionally, pursuant to the EO, OMB is 

currently working to establish an accountability system to track agency 

performance for processing environmental reviews and meeting tbe two-year 

goal. 
13 


31547.035

2. Earlier this year II agencies and the Permitting Council established by the FAST Act 

signed a Memorandum of Understanding (MOU) outlining the Administration's One 

Federal Decision policy. This policy establishes a coordinated and timely process for 

environmental reviews of major infrastructure projects. Under the MOU, the federal 

agencies agreed to work together to develop a single Permitting Timetable. 

a. Can you explain how this will help achieve a timely, predictable permitting 

process? 

Under the MOU, the lead Federal agency for a proposed major 

infrastructure project, in consultation with cooperating agencies, will develop 

a joint schedule, referred to as a Permitting Timetable, that provides for a 

two-year timeframe from the date of publication of an NOI to prepare an 

EIS to the date of issuance of a ROD. Federal agencies will develop a single 

EIS and single ROD, subject to limited exceptions. They will also coordinate 

with regard to scoping and concurrence points, and elevate and resolve issues 

and disputes to avoid unnecessary delays. The MOU is intended to 

coordinate agencies' processes while preserving each agency's statutory 

authorities and independence. 

b. What types of projects do you see as benefitting from the One Federal Decision 

process with a two-year goal for permitting decisions? 

Projects that may benefit from the One Federal Decision process include a 

wide range of projects to modernize our nation's infrastructure, including 

transportation, energy, water, and environmental restoration projects. 

c. What is the goal of the One Federal Decision process? How docs One Federal 

Decision seck to address delays in the permitting process? 

The goal of the One Federal Decision process is to improve coordination 

between Federal agencies and provide greater transparency, accountability, 

and predictability in the Federal environmental review and authorization 

process for infrastructure projects. 

3. On June 20, 2018, CEQ issued an Advanced Notice of Proposed Rulemaking (ANPR) 

entitled. "Update to the Regulations for Implementing the Procedural Provisions of the 

National Environmental Policy Act [(NEPA)]." Will you confirm that CEQ, through 

the ANPR, is considering ways to improve the NEPA process tor all applicable federal 

decision-making, including routine land-management decisions made by the Bureau of 

Land Management and the U.S. Forest Service? 

Yes, in the Advance Notice of Proposed Rulemaking, CEQ is requesting 

comment on potential revisions to update and clarify its regulations in order 

to ensure a more effective, timely, and efficient process for decision-making 
14 


31547.036

by all Federal agencies, consistent with the policy stated in Section 101 of the 

National Environmental Policy Act. This includes land management 

decisions made by the Bureau of Land Management and the U.S. Forest 

Service. 
15 


31547.037

Ranking Member Carper: 

4. Whistleblower laws protect the right of federal employees to make lawful disclosures to 

agency management officials, the Inspector General, and the Office of Special Counsel. 

They also have the right to make disclosures to Congress. 

Specifically, 5 U.S.C. § 7211 states that the "right of employees, individually or 

collectively, to petition Congress or a Member of Congress or to furnish information to 

either House of Congress, or to a committee or Member thereof, may not be interfered with 

or denied.'' Further, 5 U.S.C. § 2302(b)(8), makes it a violation of federal law to retaliate 

against a whistleblower because of ''(A) any disclosure of information by an employee or 

applicant which the employee or applicant reasonably believes evidences- (i) a violation of 

any law, rule, or regulation, or (ii) gross mismanagement, a gross waste of funds, an abuse 

of authority, or a substantial and specific danger to public health or safety, any disclosure 

to the Special Counsel, or to the Inspector General of an agency or another employee 

designated by the head of the agency to receive such disclosures, of information which the 

employee or applicant reasonably believes evidences a violation of any law, rule, or 

regulation .. .'"ln addition, pursuant to 18 U.S.C. § 1505, it is against federal law to interfere 

with a Congressional inquiry. 

a. If you are confirmed, will you commit to protect the rights of all CEQ career 

employees to make lawful disclosures, including their right to speak with 

Congress? 

Yes. 

b. Will you commit to communicate employees' whistleblower rights via email to 

all CEQ employees within a week of being sworn in? 

Yes. The Whistleblower Protection Act of 1989, the Whistleblowcr 

Protection Enhancement Act of2012, and related laws provide the right for 

all covered employees to make whistleblower disclosures and ensure that 

employees are protected from whistleblower retaliation. In 2017 and 2018, 

the Council on Environmental Quality (CEQ) took steps to complete the 

requirements of the Office of Special Counsel (OSC) Certification Program 

for Federal agencies to meet their statutory obligations under these statutes. 

In 2018, CEQ was added to the list of agencies that have completed OSC's 

Certification Program. 

5. Do you agree to provide complete, accurate and timely responses to requests for 

information submitted to you by any Member of the Environment and Public Works 

Committee? If not, why not? 

Yes. 
16 


31547.038

6. Do you agree with the President's decision in 2017 to withdraw from the Paris Climate 

Accord? Please explain why or why not. 

The President announced his decision on June 1, 2017. This decision was 

within his authority, and I support the decision. 

7. As you know, 96 percent of highway projects are categorically excluded from NEPA, 

meaning they're in a category of actions that don't significantly impact the environment 

and therefore don't require further analysis. In fact, the vast majority of all Federal 

actions are categorically excluded from NEPA. When Wyoming DOT Director Bill 

Panos testified before our committee last year, he indicated that in recent years, all their 

projects have been Categorically Excluded from NEPA. Do you agree that for this vast 

majority of projects, NEPA approvals do not constitute a significant burden? lfnot, why 

not? 

Categorical exclusions are a well-established, efficient means of addressing 

National Environmental Policy Act (NEPA) compliance for actions that are 

not individually or cumulatively significant. 

8. Several court decisions have held that federal agencies are obligated to analyze the 

effects of climate change as it is relevant to proposed actions in the course of complying 

with NEPA. (See for example, Center for Biological Diversity v. National Highway 

Traffic Safety Administration. 508 F.3d 508 (9th Cir. 2008), and Mid States Coalition for 

Progress v. Surface Transportation Board, 345 F. 3d 520 (8'h Cir. 2003). 

a. Were those decisions wrongly decided in your view? If so, please explain why. 

b. Given that President Trump revoked CEQ's guidance to agencies on how to 

incorporate climate change impacts into federal environmental reviews, how 

specifically are you now supporting agencies' efforts to consider climate change 

as part of their NEPA analyses? 

c. In your view, how should greenhouse gas impacts and sea level rise be considered 

in the NEPA analysis? 

There have been a number of court decisions relating to NEPA 

implementation and greenhouse gas or climate change related 

considerations, and Federal agencies have sought to comply with these court 

decisions. As a general matter, Federal agencies are required under NEPA 

to review the potential environmental consequences of proposed major 

Federal actions that may significantly affect the quality of the environment. 

In conducting NEPA analyses, Federal agencies have discretion and should 

use their experience and expertise to decide how and to what degree to 

analyze particular effects. Pursuant to CEQ's NEPA implementing 

regulations, agencies should identify methodologies and ensure information 

is of high quality, consistent with 40 CFR 1500.1(b) and 40 CFR 1502.24. 
17 


31547.039

9. The CEQ regulations are intended to be flexible so that they may apply broadly to all 

agency actions. CEQ directs agencies to supplement these regulations as appropriate with 

agency-specific regulations that encompass the nature of actions taken by that agency and 

the additional authorities or statutory requirements that agency has. In this way, NEPA 

may be integrated into an agency's decision-making process in a way that is tailored for 

that agency. Do you believe that it is appropriate for the CEQ regulations to be flexible in 

this way to enable NEPA to function as an umbrella to other laws and processes 

administered by the agency? If not, why not? 

Yes. 

10. The US Government Accountability Office released a report on July 19, 2018, titled 

''Highway and Transit Projects: Better Data Needed to Assess Changes in the Duration of 

Environmental Reviews''. The report indicated that it is unclear whether recent changes 

to the environmental review process for highway and transit projects has had an impact 

on timelines because agencies "lack reliable data and tracking systems." This is a finding 

that reiterates findings from past GAO reports, such as a report from 2014 that found that 

government-wide data on the number and type ofNEPA analyses are not readily 

available, and that agencies' data is poor because they do not routinely track the number 

ofEAs and CEs they complete, nor the time required to complete NEPA reviews. This 

deficit of accurate and reliable data makes it difficult to determine either the success of 

past streamlining efforts or the potential benefits of additional streamlining or other 

changes. There is also very little data on the costs and benefits of completing NEPA 

analyses. CEQ is the agency tasked with NEPA implementation. 

a. Would you agree that it is important to improve the data quality in this field. and 

that better data is needed for Congress to be able to target procedural 

improvements that would speed up project delivery without damaging the 

environment? 

It is important that Congress have access to information that is of high 

quality, including data relating to environmental reviews, when considering 

legislative proposals. 

b. Will you further commit to providing an analysis of how the statutory project 

delivery changes from the last I 0 years have been working out? If so, please 

provide a timcline and description of all planned cflorts, and if not, why not? 

CEQ is currently in the process of compiling data from 2010 through 2017 

relating to completed environmental impact statements (EIS) across all 

Federal agencies, including transportation-related projects. This 

compilation will include information on the time for completion of the 

review, measured from the date of publication of a notice of intent (NOI) to 

prepare an EIS to the date of issuance of a record of decision (ROD). 
18 


31547.040

11. Over the last several years there have been numerous reports, from non-partisan 

government entities such as the Government Accountability Office and Congressional 

Research Service, as well as academia and private studies- all of which indicate that the 

primary causes of project and permitting delay are not related to the NEPA process. Do 

you agree with these conclusions? If not, please explain specifically why not, and provide 

documentation to support your explanation. 

Environmental reviews under NEPA are among the many factors that shape 

the timeline for project and permitting decisions. Recognizing that there can 

be many reasons for delays, it is important to consider whether there are 

commonsense measures to promote improved coordination and planning by 

Federal agencies in order to ensure that the NEPA process is more efficient, 

timely, and predictable, without compromising environmental protection. 

12. Would you agree that agencies need the resources, staff, and training necessary to 

implement NEPA and the many existing flexibilities in the current regulations? 

a. In your view, do agencies have sufficient resources necessary to implement 

NEPA? Please explain your response. 

b. In your view, do agencies have sufficient staff necessary to implement NEPA? 

Please explain your response. 

c. In your view, do agencies have sufficient training necessary to implement NEPA? 

Please explain your response. 

d. In your view does CEQ have sufficient staff capacity to oversee the 70 or more 

Federal agencies that are subject to NEPA? Please explain your response. 

e. To the extent that agencies do not have sufficient resources, staff, or training, will 

you advocate for budget increases that will enable agencies to implement NEPA 

appropriately? 

f. Would you commit to working with agencies in conducting a review of agencies' 

resources and needs with regard to NEPA compliance to inform any kind of 

regulatory review process? 

I believe Federal agencies have sufficient resources to implement NEPA. 

CEQ is currently working with agencies to better coordinate their NEPA 

reviews and more effectively allocate resources, including through the 

establishment of joint schedules, environmental analyses, and records of 

decision. CEQ's NEPA implementing regulations set forth in 40 CFR 1507.2 

and 1506.5 direct agencies to ensure that they have the capability to 

implement NEPA. 

CEQ's staff conduct periodic training for Federal agency NEPA 

practitioners. In addition, CEQ coordinates NEP A training with non-profit 

organizations, including the National Association of Environmental 

Professionals, Rocky Mountain Mineral Law Foundation, American Law 

Institute, American Bar Association, and the Environmental Law Institute. 

CEQ also conducts quarterly NEPA Contacts meetings to consult with staff 
19 


31547.041

across Federal agencies regarding issues relating to implementation of 

NEPA. 

If confirmed, I commit to working to ensure that agencies effectively allocate 

resources to enable them to implement NEPA appropriately. 

13. A few years ago, CEQ issued a guidance document, clarifying to agencies that there are 

ample flexibilities within the existing NEPA regulations that are available and either 

underused. or not used at all, and which would facilitate more efficient timely reviews. 

a. Shouldn't those authorities be both fully implemented and their impacts 

understood prior to undertaking a proposal to revise the NEPA regulations 

themselves? 

b. What llexibilities within the regulations do you think should be better used by 

agencies? 

c. Why don't you think the agencies are using these existing tlexibilities? 

On June 20,2018, CEQ published an Advance Notice of Proposed 

Rulemaking (ANPRM) to consider potential updates and clarifications to its 

NEPA implementing regulations. The ANPRM requests comment on a wide 

range of topics relating to NEPA implementation in order to facilitate more 

efficient and timely reviews, and comments received will inform any future 

action. It is important to consider all relevant CEQ guidance as the agency 

considers whether revisions to update and clarify its regulations may be 

appropriate. 

14. CEQ is inextricably tied to NEPA, which lays out the nation's environmental policy and 

enshrines two basic principles, environmental impact review and public input, into 

federal decisions. The chair of CEQ is meant to implement that policy. Recently. CEQ 

issued an Advanced Notice of Proposed Rulemaking (ANPRM) announcing an intention 

to revise the regulations. Have you been involved? If so, how? 

CEQ developed the ANPRM and as a staff member I participated in its 

development. It was subject to interagency review conducted by the Office of 

Information and Regulatory Affairs (OIRA) pursuant to Executive Order 

(EO) 12866. 

15. The NEPA regulations are one of the most broadly applicable in the federal government, 

and the statute and regulations often provide the only opportunity lor the public to weigh 

in on government decisions and projects impacting their communities. This process has 

led in many cases to better projects with community buy-in. When CEQ undertook 

regulatory reviews in 1978, 1981, 1985, and 1997, it held public meetings to solicit 

additional input of private citizens and stakeholders, whether for the release of studies, 

guidance, or regulations. 
20 


31547.042

a. In response to my letter to you on this topic, you stated that, "'Robust public 

engagement is critical to the rulemaking process." While I agree with you, will 

you commit to my specific request that CEQ hold public meetings to solicit 

additional input of private citizens and stakeholders? If so, please provide a 

timeline that includes the expected number of public meetings and their expected 

locations. If not, why not? 

b. Can you commit to holding public meetings around the country and have a 

process that is commensurate with the scope of this undertaking and that complies 

with the spirit of public input NEPA embodies? If so, please provide a timeline 

that includes the expected number of public meetings and their expected 

locations. If not, why not? 

c. What specific types of additional public outreach will CEQ commit to beyond 

those required by the rulemaking process to ensure the public has a chance to 

meaningfully respond? 

d. Have you met with any stakeholders and discussed possible revisions? Who did 

you meet with and when? Please provide copies of all calendar items for CEQ 

senior staff and yourself for our review. 

e. What steps arc you taking to ensure CEQ is both soliciting input from all groups~ 

especially traditionally marginalized groups~ and then incorporating that input 

into your rulemaking? 

f. What additional steps are you planning, in addition to the minimum legal 

requirements. to make sure the public has a say in how these regulations are 

rewritten? 

On June 20, 2018, CEQ published an ANPRM to consider potential updates 

and clarifications to its NEPA implementing regulations. CEQ staff 

developed the ANPRM and it was subject to interagency review conducted 

by OIRA pursuant to EO 12866. The ANPRM requests comments on a wide 

range of topics relating to CEQ's regulations, and docs not include any 

regulatory proposals. As part of the interagency review process, CEQ staff 

met with various stakeholders. 

CEQ supports transparency in the rulemaking process and earlier this year 

integrated its system with rcgulations.gov in order to ensure that all 

comments submitted would be publically available, and that the public would 

have access to information relating to prior CEQ actions. In response to 

requests from the public, CEQ also extended the comment period for the 

ANPRM from July 20,2018, to August 20,2018, and will be accepting 

comments submitted to t·cgulations.gm as well as comments by regular mail. 

CEQ has also posted the ANPRM on its website at https://cc(J.doc.go,/hmsregulations/rcgulations.html. As of July 27,2018, CEQ has received over one 

thousand comments. 

CEQ has not made any decision with regard to future actions, and will 

consider comments received in response to the ANPRM. Should CEQ 

determine that it would be appropriate to issue a proposed rule setting forth 
21 


31547.043

potential revisions to its NEPA regulations, CEQ will consider all options for 

public engagement, including public meetings. CEQ will also ensure that 

comments received are posted on t·cgulations.gov so that stakeholders and 

the public will have timely access to all comments received. 

16. You previously indicated in 2012 that you were concerned with the speed with which 

new regulations were being promulgated. 1 You stated, "I think one of the major concerns 

is the pace at which they're issuing these regulations. They're very lengthy, they're very 

complex. Each rule may have effects relating to other rules. The pace at which they're 

being issued is a genuine concern, because the staff at the Agency is under pressure and 

the public is under pressure to read all of these rules, to analyze them, and to prepare their 

comments." In response to an audience question about what kind of time frame you 

would desire for the formulation and implementation of environmental regulations, you 

further stated that to ·'issue rules before you fully analyzed what the actual impact may be 

is an approach that raises concern." Do you still agree with these statements? 

Yes. 

17. NEPA is the primary way in which the federal government implements EO 12898 

("Federal Actions to Address Environmental Justice in Minority Populations and LowIncome Populations") because NEPA is closely aligned with the principles of 

environmental justice. NEPA ensures that the environmental, health, and economic 

impacts of federal projects are disclosed and communities impacted by federal projects 

are given a meaningful voice. 

a. If confirmed as Chair, what specitic actions would you take to increase 

meaningful public input, transparency, and disclosure of disproportionate 

impacts? 

b. It is widely known that the impacts of climate change will disproportionately 

impact low-income communities and communities of color. If confirmed as chair. 

will you commit to disclosing the impacts of climate change on such communities 

in NEPA analyses? If not, why not? 

In 1994, President Clinton issued EO 12898, titled "Federal Actions to 

Address Environmental Justice in Minority Populations and Low-Income 

Populations," which directed Federal agencies to address disproportionately 

high and adverse human health or environmental effects on minority and low 

income communities. CEQ issued related guidance in 1997, and CEQ 

participates in the Federal interagency working group led by the 

Environmental Protection Agency (EPA) which addresses environmental 

justice issues. Iu March 2016, the working group issued a document titled 

"Promising Practices for EJ Methodologies in NEPA Reviews" which CEQ 

has posted on its website and is available at https://ccq.dot·.gov/ncpapmcticc/justicc.html. In addition, on February 23,2018, EPA issued a 

142 ELR 10191 (March 2012), "EPA and the Economy: Seeing Green?" available at: '"''''~"~,:L<cc'~"-""~''"~"-"-' 

analysis/ 42/10191EQ3·ilnd ·eCO'lQ!l~Y;c<;feing·green. 
22 


31547.044

memorandum affirming EPA's commitment to the implementation of the 

1994 EO. If confirmed, I commit that addressing environmental issues for 

low income and minority communities will be a priority, including actions 

under NEPA to facilitate the development of new or improved infrastructure 

in these communities. 

18. Were you involved with developing the Administration's Infrastructure Plan? If yes, were 

you involved with the proposal and the permitting provisions? If yes, to what extent? 

The Administration's "Legislative Outline for Rebuilding Infrastructure 

in America" (Legislative Principles) released in February 2018 was 

developed pursuant to a deliberative interagency process that included 

multiple components within the Executive Office of the President, 

including CEQ, and also included relevant Federal agencies. The 

Legislative Principles were intended to inform Congress' consideration 

and development of infrastructure-related legislative proposals. 

19. The Administration's Infrastructure Plan proposed to limit injunctive relief, even though 

it is already considered an extraordinary remedy. With regard to NEPA, can you identify 

and list any cases in which a court abused its power to authorize injunctive relief? If not, 

can you explain what the problem is with allowing impacted communities to obtain 

injunctive relief against the government? 

Over the past four decades, Federal appellate courts have on a nnmber of 

occasions reversed NEPA related decisions by lower courts to grant 

injunctive relief. This has included the U.S. Supreme Court, as well as 

Federal appellate courts, concluding that injunctive relief was inappropriate. 

20. The Administration's Infrastructure Plan proposes to eliminate EPA review 

responsibilities under Section 309 of the Clean Air Act. It is well documented2 that the 

309 process adds value to lead agency analysis and an ultimate decision. Do you agree? If 

not, why do you believe that EPA shouldn't have an oversight role? If so, would you urge 

retention of this provision? 

As stated in the Legislative Principles, separate from its authority under 

Section 309 of the Clean Air Act, EPA currently has responsibility to 

review and comment on EISs on matters within its jurisdiction. EPA 

typically is included as a cooperating agency for areas within its technical 

expertise, and the review under Section 309 is separate and in addition to 

this existing responsibility for matters within its jurisdiction. This 

proposal, as stated in the Legislative Principles, would not eliminate 

EPA's regulatory responsibilities to comment during the development of 

EISs on matters within EPA's jurisdiction or affect EPA's 

responsibilities to collect and publish EISs. As stated in the Legislative 

2 Qtjg~;Ll~_\Y.:gJM.:KQ'iLClf!i_~iillJ?f&tQ~nera1Lreport-epas~comments_:lmprov.r-environmental-impactstatt~rnent-process 
23 


31547.045

Principles, it also would not prevent EPA from providing technical 

assistance to the lead or a cooperating agency upon request. 

21. At the roundtable on the FAST Act on June 27, several members of the Senate and your 

staff, citing CEQ, said that FAST-41 has saved a billion dollars. I have seen no 

documentation to substantiate that assertion. Can you present documentation supporting 

that assertion? 

Facilitating coordinated environmental reviews and authorization decisions 

can result in cost savings. In her testimony, the Acting Executive Director of 

the Federal Permitting Improvement Steering Council (Permitting Council) 

stated that the Permitting Council has "succeeded in saving FAST -41 

projects over $1 billion in costs that would have otherwise resulted from 

avoidable permitting process delays." My understanding is that this estimate 

is based on information provided to the Permitting Council by project 

sponsors. 

22. Recent guidance issued by the Bureau of Land Management (illj'll_lrryruct0_!i 

Menwrandurn 20 I S-034 ) has not only removed the requirement for environmental 

review prior to issuing oil and gas leases but has also removed the requirement to provide 

an opportunity for public review and comment and shortened the time for filing an 

administrative protest (now the only way for the public to provide input on millions of 

acres put up for lease every quarter) to just I 0 days. 

a. How is this consistent with NEPA 's direction to ensure that government decisions 

are subject to public scrutiny? 

b. How would you recommend agencies provide sufficient opportunities for public 

input prior to making final decisions to turn public lands over to third parties? 

Public participation is very important and Federal agencies can comply 

through a range of approaches. If confirmed, I will work with agencies to 

ensure their compliance with applicable law and regulations. 

23. As you may be aware. EO 13792 directed the Department of the Interior to review 

national monument designations and create a report of recommendations to the President 

via the Chair of CEQ. During the review, a historic number of comments were received 

by DOl. Despite this, DOl never publicly acknowledged the total breakdown of 

comments, although interior DOl documents made available via FOIA show that over 99 

percent of all comments opposed changes to national monument designations. Even 

worse, the documents indicate that DOl staff omitted these figures from their report and 

recommendations3 Instead, the report disparaged the comments by claiming that they 

''demonstrated a well-orchestrated national campaign organized by multiple 

organizations." The President went on to take unprecedented and likely illegal actions to 

eliminate over two million acres of Bears Ears and Grand Staircase-Escalante National 

3 Final Report Summarizing Findings of the Review of Designations Under the Antiquities Act, available at: 

https ://www .doi .gov/ SltC'S/ d91.gov /file5/uploado;,/revi.<:.ed fi rid! report. pdf. 
24 


31547.046

Monuments -the largest rollback of public lands protections in history- based in part on 

incomplete and misleading information. 

a. In your capacity as Chief of Staff at CEQ. did you see a draft of the DOl report 

before it was transmitted to the President, and were you aware that the vast 

majority of comments were in opposition to the recommendations, a fact which 

was not made evident in the report? If not, when did you become aware of this? 

b. As Chair of CEQ do you think it is appropriate for an agency to obscure the true 

breakdown of public sentiment from the decision makers and public, and to make 

recommendations that contradict the vast majority of public comments received? 

c. Do you think it is appropriate that DOl would make recommendations to the 

President without making him aware that 99% of respondents to the proposal 

opposed those recommendations? 

The final report issued by the Department of the Interior (DOl) in response 

to EO 13792, titled "Review of Designations Under the Antiquities Act," was 

reviewed pursuant to a deliberative interagency process that included 

multiple components within the Executive Office of the President, including 

CEQ. In the final report sent to the President on December 5, 2017, the DOl 

described the nature and volume of the public comments received. It is 

important to include stakeholder input in the development of policies and 

recommendations. 

24. NEPA is a short statute and the NEPA guidance has been key to implementing that law. 

Major rewrites have been time consuming because of the varied interests and types of 

projects that are subject to these regulations. Since CEQ's budget has been significantly 

reduced over the past years, the agency has had to rely more and more on detailees. 

a. Will the use of detailees be necessary to redo these regulations? 

b. lfso, would you provide the Committee with a list of the present and future 

expected detailccs, their NEPA experience, the agencies they are from, what their 

primary role(s) in rewriting the NEPA regulations is/are expected to be, and what 

is happening to their agency portfolio while at CEQ? 

On June 20, 2018, CEQ published an ANPRM to consider potential updates 

and clarifications to its NEPA implementing regulations. CEQ will review 

comments on the ANPRM, and these comments will inform any future action 

including whether to pursue any proposed revisions to the CEQ regulations. 

Should CEQ determine that it would he appropriate to issue a proposed rule 

setting forth potential revisions to its NEPA regulations, CEQ will work with 

relevant federal agencies to develop the proposal. 

25. As you know, one of CEQ's statutory responsibilities is to analyze conditions and trends 

in environmental quality [specifically, "to gather timely and authoritative information 

concerning the conditions and trends in the quality of the environment both current and 

prospective, to analyze and interpret such information for the purpose of determining 
25 


31547.047

whether such conditions and trends are interfering, or are likely to interfere, with the 

achievement of the policy set forth in title I of this Act, and to compile and submit to the 

President studies relating to such conditions and trends;" 42 U.S.C. § 4344(2)]. Can you 

describe how CEQ would carry out that responsibility under your leadership? 

As issues arise, I will consult with relevant Federal agencies on 

environmental matters within their expertise. Additionally, 42 U.S.C. 4345 

authorizes CEQ to utilize the services, facilities, and information of public 

and private agencies and organizations that have developed information on 

particular environmental issues. 

26. As you may know, American Indians and Alaska Natives share a unique relationship with 

the federal government. As part of that relationship, the federal government has a duty to 

perform meaningful consultation with Indian Tribes and Alaska Native villages regarding 

issues that affect tribal communities and tribal members. Do you commit to engage in 

essential and honest consultation with tribes and tribal governments? 

Yes. 

27. Please define the Council on Environmental Quality (CEQ)'s mission and the role you 

believe that sound science plays in fulfilling thatmission. 

CEQ's mission includes overseeing implementation of NEPA by Federal 

agencies. In addition, CEQ also provides recommendations to the President 

and coordinates with Federal agencies regarding environmental policy 

matters. In carrying out its mission, CEQ should be informed by sound 

science. 

28. Do you think the U.S. National Academy of Sciences is a reliable authority on 

scientific matters? If not, why not? 

Yes. 

29. If confirmed, how do you plan to maintain a relationship with the White House Otllce of 

Science and Technology Policy (OSTP)? 

CEQ works closely with OSTP on a variety of matters including as CoChairs of the Ocean Policy Committee, established under EO 13840, titled 

"Ocean Policy to Advance the Economic, Security, and Environmental 

Interests of the United States." If confirmed, I look forward to continuing to 

work closely with OSTP. 

30. NOAA reported this year that extreme weather events costing $1 billion or more have 

doubled on average in frequency over the past decade- costing this country $425 

billion in the last five years. With a little extra planning- combined with prudent, 

targeted investments- the federal government can help save lives, livelihoods and 
26 


31547.048

taxpayer dollars. On March 28, 2017 through Executive Order 13783, President 

Trump rescinded Executive Order 13653, Preparing the United States for the Impacts 

o.fClimate Change, which provided tools for American communities to "strengthen 

their resilience to extreme weather and prepare for other impacts of climate change." 

Included in the revoked Executive Order were provisions that made it easier for 

communities hit by extreme weather events to rebuild smarter and stronger to 

withstand future events, including rebuilding roads and infrastructure to be more 

climate-resilient, and investing in projects that better protect communities from 

flooding and their drinking water from contamination. 

a. What role, if any, did you or your staff have in contributing to the decisionmaking process that led to Executive Order 13783, in particular language that 

rescinded the Executive Order 13653? Please explain in detail. 

EO 13783, titled "Promoting Energy Independence and Economic 

Growth," was developed pursuant to a deliberative interagency process 

that included multiple components within the Executive Office of the 

President, including CEQ, as well as relevant Federal agencies. 

h. In light of the extreme weather damages observed since March 28, 2017. would 

you support the reinstatement of federal guidance and tools for American 

communities to "strengthen their resilience to extreme weather and prepare for 

other impacts of climate change?" If not. why not? 

Extreme weather events highlight the importance of modern, resilient 

infrastructure. I support efforts to pursue technology and innovation, the 

development of modern, resilient infrastructure, and environmentally 

beneficial projects, including restoration projects, to address future risks, 

including climate related risks. I also support efforts to improve weather 

data, forecasting, modeling and computing in order to prepare for and 

respond to extreme weather events. 

c. President Trump also rescinded CEQ's issued guidance to federal agencies 

requiring the consideration of greenhouse gasses and climate change eflects when 

evaluating potential impacts of a federal action under NEPA. What role, if any, 

did you or your staff have in contributing to the drafting oflanguage that 

rescinded this guidance? 

EO 13783 directed CEQ to rescind this guidance. Pursuant EO 13783, CEQ 

published a notice ofwithdrawal of the guidance on AprilS, 2017 at 82 FR 

16576. 

d. Should the federal government consider the social costs of carbon in federal 

actions? If not, why not? 
27 


31547.049

NEPA and CEQ's NEPA implementing regulations do not require agencies 

to monetize the costs and benefits of a proposed action. CEQ's regulations at 

40 CFR 1502.23 provide that agencies need not weigh the merits and 

drawbacks of particular alternatives in a monetary cost-benefit analysis, and 

that such analysis should not be used when there are important qualitative 

considerations. Social cost of carbon (SCC) estimates were developed for 

rulemaking purposes to assist agencies in evaluating the costs and benefits of 

regulatory actions, and were not intended for project level reviews under 

NEPA. 

To the extent that SCC estimates are used for rulemaking purposes, EO 

13783 directs Federal agencies to be consistent with the guidance contained 

in the Office of Management and Budget (OMB) Circular A-4 of September 

17, 2003. This guidance addresses consideration of domestic versus global 

impacts as well as appropriate discount rates, and specifically directs 

agencies to consider the domestic costs and benefits of rulemakings. 

31. Two weeks prior to Hurricane Harvey devastated vast portions of Texas, Executive 

Order 13807 on "Establishing Discipline and Accountability in the Environmental 

Review and Permitting Process for Infrastructure" went so far as to repeal the Federal 

Floodplain Risk Management Standard (FFRMS), which would have held new 

infrastructure projects to more resilient standards. The FFRMS guidance provided 

three flexible options for meeting the standard in flood hazard areas: (I) build 

standard inti·astructure. such as tederally tunded housing and roads. tv\o li.:ct above 

the l 00-ycar flood standard and elevate critical infrastructure. li~c hospitals and tire 

departments. by three feet; (2) elevate inti·astructurc to the 500 year flood standard; or 

(3) simp!) use data and methods informed by the best-available. actionable climate 

science. In short. the FFRMS v\as meant to protect taxpayer dollars spent on projects 

in areas prone to flooding. not to mention the human loll of such events. That is a 

common-sense approach given that injust the past five years. all 50 states have 

experienced flood damage. 

a. What role. if any. did you or your staft·have in contributing to the decisionmaking process that led to Executive Order 13807, in particular language that 

rescinded the FFRMS? Please explain in detail. 

b. In light of the hurricane-related damage observed last season and the C:\treme 

weather events this country has seen this year, would you support the 

reinstatement of the FFRvlS'' If not. why not. and how would you suggest 

resiliency be ti1ctorcd into the infrastructure project design and approval process'' 

c. Do you agree that infrastructure projects that do not account for tlooding luvards 

in the manner(s) prescribed by the FFKMS would be more likely to suffer flood 

damage over the lifetime of the infi·astructure? Would such damage be like]) to 

result in additional costs to repair'' If not, why not? 

d. Do you view the repeal of th.: FFR\1S as a national security threat. given the 

sccm·ity threat that rising sea levels could pose to military bases'' If not. v1hy not'' 
28 


31547.050

EO 13807, titled "Establishing Discipline and Accountability in 

Environmental Review and Permitting Process for Infrastructure 

Projects," was developed pursuant to a deliberative interagency process 

that included multiple components within the Executive Office of the 

President, including CEQ, as well as relevant Federal agencies. Agencies 

are currently implementing EO 11988, titled "Floodplain Management," 

which was published on May 24, 1977,42 FR 26951. I support efforts to 

prepare and plan for extreme weather events, including through the 

development of modern, resilient infrastructure to address such events. 

32. In Executive Order 13834. President Trump also revoked Executive Order 13693, 

Plmmingfin· Federal ,')ustainahi/ity in the Nex/ Decade, which stated that ·'each agency 

shall prioritize actions that reduce waste, cut costs. enhance the resilience of Federal 

inlrastructure and operations. and enable more effective accomplishments of its mission.'' 

This includes a goal of cutting the lederal government's greenhouse gas emissions by 

forty percent over ten years. 

a. What role, if any, did you or your stafThave in contributing to the decisionmaking process that led to revoking Executive Order 13693? Please explain in 

detail. 

EO 13834, titled "Efficient Federal Operations," was developed pursuant 

to a deliberative interagency process that included multiple components 

within the Executive Office of the President, including CEQ, as well as 

relevant Federal agencies. The EO reflects this Administration's 

priorities to protect the environment, promote efficient management, and 

save taxpayer dollars. 

b. EO 13693 provided a commitment and plan for Federal agencies to meet certain 

statutory requirements related to energy and environmental performance of 

Federal facilities, vehicles, and operations. Are there requirements under 

Executive Order I 3834 that currently are not being met? If so, please list them. 

EO 13834 provides agencies with greater discretion and flexibility to comply 

with statutory requirements. These statutory requirements are listed on 

CEQ's website at sustainahilitv.gov. CEQ plans to provide consolidated data 

and information relating to Federal agency performance on this website in 

the near future. 

c. Will you commit to ensure each of these statutory requirements are being 

satisfied? 

I commit to working with Federal agencies to meet their statutory 

requirements and to continue to make progress going forward. In 

implementing the EO, CEQ plans to work with OMB to monitor agency 

implementation and track performance. 
29 


31547.051

d. Will you commit to further review of Executive Orderl3693 and discussion with 

my stalTto determine if there are specific actions to be reinstated that could 

reduce waste, cut costs. or enhance the resilience of Federal infrastructure and 

operations? 

I commit to working with Congress, including your staff, to identify 

opportunities to further drive and promote efficiency across the Federal 

government. 

33. Please list all Clean Air Act regulations that were promulgated by the Obama 

Administration- not a voluntary or grant program- that you support and why? 

I support regulations promulgated under the Clean Air Act that arc 

consistent with the EPA's statutory authorities. 

34. Arc there any other EPA regulations- not a voluntary or grant program- that are on 

the books today that you support? If so, please list them. 

I support EPA regulations that are consistent with the agency's statutory 

authorities. 

35. Delaware is already seeing the adverse effects of climate change with sea level rise, 

ocean acidification, and stronger storms. While all states will be harmed by climate 

change, the adverse effects will vary by state and region. Can you comment on why it is 

imperative that we have national standards for the reduction in carbon pollution? If 

you do not believe it is imperative, why not? 

To address climate change related concerns, I believe it is important to 

pursue technology and innovation to adapt to a changing climate, 

consistent with Congressional directives. This includes current efforts 

pursuant to the Weather Research and Forecasting Innovation Act to 

improve weather data, modeling, computing, forecasting, and warnings. 

In addition, it is important to pursue continued research to improve our 

understanding of the climate system. Further, it is important to pursue a 

strong economy which allows us to develop modern, resilient 

inf1·astructurc to address future risks, including climate related risks. 

36. In December 2007, President Bush's EPA proposed to declare greenhouse gases as a 

danger to public welfare through a draft Endangerment Finding, stating. 

"The Administrator proposes to find that the air pollution of elevated levels of 

greenhouse gas (GHG) concentrations may reasonably be anticipated to endanger 

public welfare ... Carbon dioxide is the most important GHG (greenhouse gas) directly 

emitted by human activities, and is the most significant driver of climate change." 4 Do 

you agree with these statements, if not, why not? 
30 


31547.052

I believe that the climate is changing and that human activity has a role. 

37. In a per curiam opinion, the U.S. Circuit Court of Appeals for the District of Columbia 

affirmed the Endangerment Finding and the U.S. Supreme Court declined to issue a 

writ of certiorari on the D.C. Circuit's decision. The Endangerment Finding set in 

motion EPA's legal obligations to set greenhouse gas emissions standards for mobile 

and stationary sources, including those established by the Clean Power Plan in August 

2015. 5 Do you agree with the courts that EPA has an obligation to address C02? If not, 

why not? 

The Endangerment Finding was issued in 2009 and upheld by the D.C. 

Circuit in 2012. Any reconsideration of the Endangerment Finding by the 

EPA would be subject to the Administrative Procedure Act. 

38. Do you agree with President Trump's decision to withdraw the United States from the 

International Paris Climate Accord? If so, please explain. 

The President announced this decision on June 1, 2017. The decision was 

within his authority and I support the decision. 

39. For the most part, patients and their families only participate in scientific trials and 

studies once they know their privacy- and any resulting health-related informationwill remain confidential and secure. If confirmed, do you commit to respecting 

confidentiality agreements that exist between researchers and their subjects? Will you 

protect the health information of the thousands of people that have participated in 

health studies in the past? 

Yes, it is important to respect confidentiality agreements between 

researchers and their subjects, and to protect the health information of 

people who participate in health studies. 

40. On April 17, 2012, Dr. Jerome Paulson, Chair, Council on Environmental Health, 

American Academy of Pediatrics, testified before the EPW Committee, stating, 

''Methyl mercury causes localized death of nerve cells and destruction of other cells in 

the developing brain of an infant or fetus. It interferes with the movement of brain cells 

and the eventual organization of the brain ... The damage it [methylmercury] causes to 

an individual's health and development is permanent and irreversible .... There is no 

evidence demonstrating a "safe" level of mercury exposure, or a blood mercury 

concentration below which adverse effects on cognition are not seen. Minimizing 

mercury exposure is essential to optimal child health."6 

a. Do you agree with the American Academy of Pediatrics' finding on the 
31 


31547.053

importance of minimizing mercury exposures for child health? If not, please 

cite the scientific studies that support your disagreement. 

It is important to minimize the exposure to methylmercury, especially for 

children, consistent with the laws established by Congress. 

b. Do you agree the record supports EPA's findings that mercury, non-mercury 

hazardous air pollutant metals, and acid gas hazardous air pollutants emitted 

from uncontrolled power plants pose public health hazards? If not, why not? 

EPA published the "National Emission Standards for Hazardous Air 

Pollutants from Coal- and Oil-Fired Electric Utility Steam Generating 

Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, 

Industrial-Commercial-Institutional, and Small Industrial-CommercialInstitutional Steam Generating Units," (referred to as the Mercury and Air 

Toxics Standards (MATS) Rule) on February 16, 2012, based on a record 

that found mercury, non-mercury hazardous air pollutant metals, and acid 

gas hazardous air pollutants from uncontrolled power plants pose public 

health hazards. 

c. Do you agree it is currently difficult, or impossible, to monetize the reduced 

risk of human health and ecological benefits from reducing mercury emissions 

from power plants? If so, please explain. If not, why not~ 

EPA monetized the benefits from reductions in mercury exposure in the 

MATS Rule based on analysis of health effects due to recreational 

freshwater fish consumption. EPA also identified unquantified impacts for 

both benefits and costs related to the MATS Rule. 

d. Do you agree that EPA's recent consideration of the costs ofthe Mercury and 

Air Taxies Rule shows that the agency has met the "necessary and appropriate" 

criteria Congress provided under 112(n) to direct the EPA to regulate power 

plant mercury (and other air toxic) emissions under Section 112. and more 

specifically under Section 112(d)? If not, why not? 

On June 29,2015, the U.S. Supreme Court in Michigan v. EPA remanded 

the MATS Rule based on the agency's failure to consider costs when 

making its finding that the regulation was appropriate and necessary 

under Section 112(n) of the Clean Air Act. EPA announced in its Spring 

2018 Regulatory Agenda that the agency is planning to propose a rule 

titled "Mercury and Air Toxics Standards for Power Plants Residual Risk 

and Technology Review and Cost Review." EPA also stated in the Spring 

2018 Regulatory Agenda that, in its April2017 court filing, the agency 

requested that oral argument for the MATS litigation be continued to 

allow the current Administration adequate time to review the 

Supplemental Cost Finding, and to determine whether it will be 
32 


31547.054

reconsidered. That reconsideration is currently under review by EPA. 

41. What, if any, are the casual connections between hydraulic fracturing and 

environmental problems such as contamination of drinking water and emissions of air 

pollution and greenhouse gasses? 

With respect to drinking water, EPA published a study in December 2016, 

titled "Hydraulic Fracturing for Oil and Gas: Impacts from the Hydraulic 

Fracturing Water Cycle on Drinking Water Resources in the United 

States." This study assessed the potential for activities in the hydraulic 

fracturing water cycle to impact the quality or quantity of drinking water 

resources and to identify factors that affect the frequency or severity of 

those impacts. The study found that under some circumstances the 

hydraulic fracturing water cycle can impact drinking water resources, and 

that, "impacts can range in frequency and severity, depending on the 

combination of hydraulic fracturing water cycle activities and local- and 

regional-scale factors." 

With respect to air emissions associated with hydraulic fracturing, EPA 

has established standards under the Clean Air Act. In particular, on 

August 16,2012, EPA published standards for the oil and gas sector that 

established control measures to limit the emission of volatile organic 

compounds (VOCs) as well as other air pollutants. For the 2012 rule, EPA 

estimated that control measures for VOCs would reduce methane 

emissions annually by l million to 1.7 million short tons as a co-benefit. 
33 


31547.055

Senator Capito: 

42. Mineral mining is a significant industry with obvious economic and other benefits to 

West Virginia and the nation. Typical projects employ numerous skilled miners and 

more in ancillary industries, and require huge investments that would benefit from 

prompt and firm regulatory decisions. The Federal Permitting Improvement Steering 

Council (FPISC), established under Title 41 of the FAST Act (FAST-41), is tasked with 

improving coordination among federal agencies to ensure the timely review and 

authorization of covered projects. While several areas of activity were identified in 

FAST-41 as being covered projects, the FPISC has the authority to determine additional 

eligible activities. Given that the Chairman of the Council on Environmental Quality is a 

member of the FP1SC, what are your thoughts on including mineral mining as a covered 

project under FAST -41? 

The Council on Environmental Quality (CEQ) is one of 16 agencies that 

serve as members of Federal Permitting Improvement Steering Council 

(Permitting Council). On July 28,2017, the Permitting Council received a 

request to add mining as an infrastructure sector under the FAST-41 

definition of a "covered project," which may he determined by majority vote 

of the Permitting Council. The Permitting Council has developed a Standard 

Operating Procedure (SOP) for Adding a New Sector to consider the 

potential addition of new sectors of covered projects not expressly 

enumerated under FAST-41, which includes stakeholder outreach. To date, 

the Permitting Council bas not made any determination to add any new 

sector of covered projects pursuant to the SOP and FAST-41. In connection 

with any future action with regard to requests to add a sector, it is important 

for CEQ to consult with all of the members of the Permitting Council, and to 

consider the views of stakeholders. 
34 


31547.056

Senator Duckworth: 

43. For nearly two decades, Executive Order 12898 has guided Federal efforts to advance 

environmental justice initiatives. This landmark Executive Order directs that "Each Federal 

Agency shall make achieving environmental justice part of its mission by identifying and 

addressing, as appropriate, disproportionately high and adverse human health or 

environmental effects of its programs, policies, and activities on minority populations and 

low-income population." 

If confirmed to lead the Council on Environmental Quality (CEQ), will you commit to 

upholding and achieving the goals contained in this critical environmental justice 

Executive Order 12898? 

Yes. In 1994, President Clinton issued EO 12898, titled "Federal Actions to 

Address Environmental Justice in Minority Populations and Low-Income 

Populations," which directed Federal agencies to address disproportionately 

high and adverse human health or environmental effects on minority and low 

income communities. CEQ issued related guidance in 1997, and CEQ 

participates in the Federal interagency working group led by Environmental 

Protection Agency (EPA) which addresses environmental justice issues. In 

March 2016, the working group issued a document titled "Promising Practices 

for EJ Methodologies in NEPA Reviews" which CEQ has posted on its website 

and is available at https://ccg.doc.go"/ncpa-practicc/justicc.html. In addition, 

on February 23, 2018, EPA issued a memorandum affirming EPA's 

commitment to the implementation of the 1994 EO. If confirmed, I commit 

that addressing environmental issues for low income and minority 

communities will be a priority, including actions under NEPA to facilitate the 

development of new or improved infrastructure in these communities. 

44. The Centers for Disease Control and Prevention has made clear that there is no safe level 

of lead in a person's bloodstream, particularly a child. However, our Nation's laws and 

regulations fail to eliminate the presence of lead in drinking water and claim success for 

merely lowering the amount of lead present in water supplies. There is no public health 

justification for being satisfied with only a small amount of lead in our drinking water and 

I simply refuse to accept excuses or explanations from cynics who claim that the United 

States is incapable of solving this problem. 

If confirmed to lead CEQ, will you commit to taking concrete and meaningful action to 

make sure the Trump Administration prioritizes modernizing and strengthening the Lead 

and Copper Rule by no later than early 20 19? 

If confirmed, I will work with the EPA to prioritize development of this rule. 

45. Illinois is home to an innovative Archer Daniels Midland project that is leading the way in 

helping to reduce emissions by capturing and storing carbon. This Carbon Capture, 

Utilization and Storage (CCUS) system is capable of storing more than I million tons of 
35 


31547.057

carbon emissions, and it represents the type of CCUS technology that will prove vital in 

empowering our Nation and countries around the world to reduce emissions and protect 

our planet. 

If con finned to lead CEQ, will you commit to working with the U.S. Department of Energy 

and other agencies to support project developers and operators of Carbon Capture, 

Utilization and Storage facilities? 

Yes. If confirmed, I will work with the Department of Energy and other 

relevant agencies on this issue. 
36 


31547.058

Senator Markey: 

46. On June 19, 2018 Trump rescinded the National Ocean Plan and replaced it with the 

Ocean Policy Committee co-chaired by the Council on Environmental Quality (CEQ) and 

the Office of Science and Technology Policy. The Northeast Ocean Plan, established in 

2012, created the very successful Northeast Ocean Data Portal. The Portal helps ocean 

stakeholders plan activities such as fishing, marine traffic routes, and energy 

development by combining and layering data in regards to different ocean uses onto one 

map. 

a. As the head of CEQ and co-chair of the new Ocean Policy Committee, will you 

work to ensure federal agencies continue to engage with states and regions on 

regional ocean plans? Will you work to ensure federal agencies continue to 

engage with diverse stakeholders including fishermen, the tourism industry, the 

recreational industry, port operators, local communities, offshore wind 

development, the science community, and conservation groups? 

b. Will you ensure that the Northeast Ocean Plan and other regional ocean plans 

continue to receive updated data and support so that local stakeholders, 

governments, states, federal agencies, industry, tribes, and the science community 

can make more informed management decisions? 

c. Can you guarantee that federal support for data collection and management, 

including for publicly available data, will continue? 

Executive Order (EO) 13840, titled "Ocean Policy to Advance the Economic, 

Security, and Environmental Interests of the United States," specifically 

directs the Ocean Policy Committee (OPC) established under the EO to 

engage with stakeholders, including Regional Ocean Partnerships (ROPs), 

"to address ocean-related matters that may require interagency or 

intergovernmental solutions." The EO also directs the OPC to coordinate 

the release of unclassified data and other ocean-related information through 

"common information management systems, such as the Marine Cadastre, 

that organize and disseminate this information." The Marine Cadastre is a 

primary source of Federal coastal and ocean spatial data for ROPs. The 

Council on Environmental Quality (CEQ) and the Office of Science and 

Technology Policy (OSTP) have issued guidance to agencies relating to 

implementation of EO 13840 which is available at 

https://www.\\ hilchousc.gov/wpcontcnt/uploads/20 17/11/20 180(>28EO 138400ccan PolicvGuidance.pdf. 

47. The National Environmental Policy Act (NEPA) is often blamed for delays in 

infrastructure projects, but analyses done by federal agencies and reports by the 

Congressional Research Service have repeatedly pointed to issues like a lack of funding 

as the main cause of delays. Additional changes to the NEPA process required by recent 

legislation have also resulted in conflicting, duplicative, and confusing directions to staff 

responsible for conducting NEPA reviews. 
37 


31547.059

a. Before or as part of the broader NEPA rulcmaking, would you commit to 

conducting a review of the resources that agencies have and are missing that are 

necessary to perform environmental impact statements and environmental 

assessments? 

I believe Federal agencies have sufficient resources to implement NEPA. 

CEQ is currently working with agencies to better coordinate their NEPA 

reviews and to more effectively allocate resources, including the 

establishment of joint schedules, environmental analyses, and records of 

decision. CEQ's NEPA implementing regulations set forth in 40 CFR 1507.2 

and 1506.5 direct agencies to ensure that they have the capability to 

implement NEPA. If confirmed, I commit to working to ensure that agencies 

effectively allocate resources to enable them to implement NEPA 

appropriately. 

48. President Trump signed an executive order directing agencies to use a "One Federal 

Decision" mechanism, which designates a lead agency to shepherd a single NEPA review 

to completion. 

a. What role do you think CEQ plays in the "One Federal Decision" approach? 

Pursuant to EO 13807, CEQ and the Office of Management and Budget 

(OMB) were directed to develop a framework for implementation of the One 

Federal Decision policy. On March 20, 2018, CEQ and OMB issued a 

memorandum to Federal agencies providing a framework for 

implementation of the policy. On April 9, 2018, President Trump announced 

that 11 Federal agencies and the Federal Permitting Improvement Steering 

Council (Permitting Council) executed a Memorandum of Understanding 

committing to work collaboratively to implement the policy and to meet the 

two-year goal for major infrastructure projects. Pursuant to EO 13807, 

CEQ will continue to work with the agencies to implement the One Federal 

Decision policy, including through the interagency working group convened 

by CEQ in fall 2017 to implement the EO. 
38 


31547.060

Senator Merkley: 

49. We have seen storm surges, floods, droughts, increased frequency and severity of natural 

disasters, ocean acidification, and general environmental distress across the country- a 

trend that will only continue with the climate chaos we are currently facing. In your 

testimony, you said that you believed humans are impacting the world's climate. If 

confirmed as the head of CEQ, what steps will you take to proactively combat the 

environmental concerns I isted above? 

To address climate change related concerns, I believe it is important to 

pursue technology and innovation to adapt to a changing climate, 

consistent with Congressional directives. This includes current efforts 

pursuant to the Weather Research and Forecasting Innovation Act to 

improve weather data, modeling, computing, forecasting, and warnings. 

also believe it is important to pursue continued research in order to 

improve our understanding of the climate system. 

50. We are reaching a breaking point in terms of climate change impacts. and it is clear that 

this country need leaders who are willing to take action now to prevent us from rapidly 

reaching a point of no return in terms of climate change impacts. This cannot happen if 

science and the impacts of climate disruption are ignored. In your leadership role with the 

CEQ, what steps will you take to arrest and reverse climate change? 

I believe it is important to pursue a strong economy which allows us to have 

the resources to advance technology and innovation and to develop resilient 

infrastructure to address future risks, including climate related risks. In 

addition, it is important to advance projects to achieve environmental 

protection, including environmental restoration projects. To facilitate the 

development of such projects in a timely manner, the Council on 

Environmental Quality (CEQ) has been working with Federal agencies to 

streamline environmental reviews that are conducted 1mrsuant to the 

National Environmental Policy Act (NEPA) and related statutes. 

51. CEQ's primary role is leading coordination between environmental agencies. In an 

ANPRM (Advanced Notice of Proposed Rule Making) published last month, it seems 

clear the administration is looking to revamp the NEPA review process, which could 

allow for industry to bypass environmental regulations. As head of CEQ, can you please 

describe how you will ensure that this NEPA overhaul will not cut environmental review 

requirements? 

On June 20, 2018, CEQ published an ANPRM to consider potential updates 

and clarifications to its NEP A implementing regulations. As stated in the 

ANPRM, "CEQ solicits public comment on potential revisions to update the 

regulations and ensure a more efficient, timely, and effective process 

consistent with the national environmental policy stated in NEP A." CEQ 

will review comments on the ANPRM, and these comments will inform any 
39 


31547.061

future action including whether to pursue any proposed revisions to the CEQ 

regulations. 

52. On June 19th, President Donald Trump issued an Executive Order replacing the existing 

U.S. Ocean Policy with one that follows a shift away from environment to economy, 

changing U.S. ocean policy from one that was focused on stewardship of our valuable 

and vulnerable ocean life to resource use and extraction. If confirmed as the head of 

CEQ, how will you work to prioritize ocean conservation and coastal protection? How 

will you ensure the ecological health of our oceans and coastlines? 

Congress has issued many statutes to address the management of our ocean 

resources and environmental protection of our oceans, Great Lakes, and 

coastal waters. Executive Order (EO) 13840, titled "Ocean Policy to 

Advance the Economic, Security, and Environmental Interests of the United 

States," supports ocean stewardship by directing Federal agencies to work to 

ensure economic, security, and environmental benefits for present and future 

generations by coordinating ocean policy. The EO establishes an Ocean 

Policy Committee (OPC) and subcommittees to address science and 

technology and ocean resource management issues. Matters relating to 

ocean conservation and coastal protection may be addressed by the OPC and 

its subcommittees. If confirmed, as Co-Chair of the OPC, I commit to 

working with Federal agencies to continue to make data and information 

that supports conservation and coastal protection publicly available. 

53.1ts seems as though the prioritization of economic development, and the president's vow 

to expand fossil fuel extraction from our oceans, run directly counter to the CEQ's goal 

of environmental protection and a productive harmony between hL1mans and their 

environment? Please explain how the Trump Executive Order encourages healthy ocean 

ecosystems. If confirmed as the head ofthc CEQ, will you support these policies that will 

undoubtedly harm the long-term health and sustainability of our oceans? 

EO 13840 specifically directs the OPC to engage and collaborate with 

stakeholders, including Regional Ocean Partnerships (ROPs), address 

regional coastal and ocean matters potentially requiring interagency or 

intergovernmental solutions, expand public access to Federal ocean-related 

data and information, and identify priority ocean research and technology 

needs to facilitate the use of science in establishing policy. The EO also 

facilitates the collection, development, dissemination, and exchange of 

information among agencies. If confirmed, as Co-Chair of the OPC, I 

commit to working with Federal agencies to implement the EO in a manner 

that advances environmental protection. 
40 


31547.062

Senator Whitehouse: 

54. Last month, President Trump issued an Executive Order repealing President Obama's 

National Ocean Policy Executive Order and implementing his own ocean priorities. The 

EO focused on extracting as much as possible from the oceans with little regard for 

conservation. It also omitted any mention of climate change and its effects on oceans and 

coasts. 

a. Do you agree that the primary focus of the United States' policy on oceans 

management should be on the exploitation of our oceans for short-term economic 

gain at the expense of long-term conservation and sustainable use? 

b. Explain your understanding of the consequences of climate change and carbon 

pollution on our oceans and coasts, including warming, deoxygenation, sea level 

rise, and ocean acidification? 

c. What role did you play in the development and drafting of President Trump's 

Executive Order? 

1. Did you recommend or support the emphasis on extraction of resources in 

the EO? 

ii. Did you recommend or support the exclusion of any mention of climate 

change or ocean acidification from the EO? 

Executive Order (EO) 13840, titled "Ocean Policy to Advance the Economic, 

Security, and Environmental Interests of the United States," is an order that 

addresses interagency processes and coordination with regard to oceanrelated research and resource management. This EO was developed 

pursuant to a deliberative interagency process that included multiple 

components within the Executive Office of the President, including the 

Council on Environmental Quality (CEQ), and also included relevant 

Federal agencies. 

The EO establishes an Ocean Policy Committee (OPC) and establishes two 

subcommittees, including a subcommittee on science and technology, and a 

subcommittee on resource management. I anticipate that matters relating to 

climate change and ocean acidification may be addressed by one or both 

subcommittees. 

55. The EO establishes an interagency Ocean Policy Committee which is co-chaired by the 

Council on Environmental Quality and Director of the Office of Science and Technology 

Policy. The Co-chairs are directed, in coordination with the Assistants to the President 

for National Security Affairs, Homeland Security and Counterterrorism, Domestic Policy, 

and Economic Policy, to "regularly convene and preside at meetings of the Committee, 

determine its agenda, and direct its work, and shall establish and direct subcommittees of 

the Committee as appropriate." 

a. Given your current status as the highest ranking official at CEQ, what steps have 

you taken to establish the Committee, and set its agenda and meeting schedule? 
41 


31547.063

b. When do you plan to hold the first Committee meeting? 

c. What subcommittees and specific tasks for these subcommittees do you anticipate 

forming? 

To implement EO 13840, on June 20,2018, CEQ and the Office of Science 

and Technology Policy (OSTP) which co-chairs the OPC, held a call with 

state representatives from regions across the country, including the 

Northeast region, to discuss the new EO. On June 28,2018, CEQ and OSTP 

also issued guidance to Federal agencies relating to implementation of the 

EO, which is available at https://www.whitchouse.gov/" pconll'nt/u ploads/2017/ll/20180b28FO 138400ce,utl'olic' (;uidancc.pdf. 

CEQ and OSTP have scheduled the first OPC Meeting for August l, 2018. 

At the meeting Federal agencies will discuss implementation of EO 13840, 

including: i) the function and structure of the OPC and establishment of the 

subcommittees; ii) the timely release of Federal ocean-related data and 

information; iii) priority ocean research and technology needs; iv) Federal 

participation in ocean research projects, including through the National 

Oceanographic Partnership Program; and v) interagency coordination. 

56. The EO also ·'recognizes and supports Federal participation in regional ocean 

partnerships." These partnerships manage ocean planning and data collection for the 

purposes of sustainable ocean management. 

a. If confirmed, how will you advise federal agencies to support and participate in 

these regional ocean partnerships? 

b. How should federal agencies consider the data and recommendations from the 

regional ocean partnerships in their own work and decision-making? 

As stated above, on June 28,2018, CEQ and OSTP issued guidance to 

Federal agencies relating to implementation of the EO, including continued 

support for Regional Ocean Partnerships (ROPs) or their functional 

equivalents. 

EO 13840 directs the OPC to identify priority ocean research and technology 

needs to facilitate the use of science in establishing policy, and the collection, 

development, dissemination, and exchanges of information among agencies. 

It also directs that the OPC address coordination and Federal participation 

in projects conducted under the National Oceanographic Partnership 

Program. Data and recommendations from the ROPs should inform these 

activities. 

57. The EO emphasizes the importance of ocean data and monitoring. a priority for the 

Senate Oceans Caucus. As we develop legislation to support enhanced ocean data and 
42 


31547.064

monitoring technologies and methods, will you work with us to improve and implement 

the legislation, if passed? 

Yes. 

58. The growing threat of plastic pollution and other marine debris are endangering our 

coastal economies and wildlife. The bipartisan Save Our Seas Act, which aims to 

increase federal involvement in both domestic and international efforts to combat marine 

debris, passed the Senate by unanimous consent last August. The House of 

Representatives is expected to pass their bipartisan companion bill shortly. The issue of 

marine debris has captured the attention of the nation and concerned citizens of all 

political leanings. 

a. What role can CEQ play in coordinating federal efforts to research, monitor, and 

reduce marine plastic pollution? 

b. If confirmed, do you commit to working with the bipartisan Senate Oceans 

Caucus to build on the Save Our Seas Act and build on U.S. investments in 

marine debris research, prevention, and innovation? 

Addressing marine debris is an important issue. If confirmed, as Co-Chair 

of the OPC, I commit to working with you and your colleagues on this issue 

going forward. 

59. At your confirmation hearing, you told Senator Van Hollen that you "agree that the 

climate is changing and that human activity has a role." My question to you is do you 

believe that human activity, namely the burning of fossil fuels, is the primary driver of 

climate change? If not, what is? 

I agree that the climate is changing and human activity has a role. The 

climate system is driven by complex interactions, and examination of the 

climate involves complex models and assumptions, as well as projections 

which may extend far into the future. To improve our understanding of the 

climate system, it is important to continue climate related research. 

60. In your time as chief of staff at CEQ, you have already withdrawn guidance issued under 

the Obama administration that directed relevant agencies to consider the carbon 

emissions and associated climate change effects in NEPA reviews. Given that Freddie 

Mac, the insurance industry trade publication Risk & Insurance, and the Union of 

Concerned Scientists all warn that sea level rise caused by climate change will have a 

severe impact on coastal real estate values, and the Bank of England and numerous 

researchers, economists, and other academics warn of the risks of a "carbon bubble," 

please explain why you think that it is good policy to not require that the climate effects 

of projects be considered in NEPA reviews? 
43 


31547.065

As a general matter, Federal agencies are required under NEPA to review 

the potential environmental consequences of proposed major Federal actions 

that may significantly affect the quality of the environment. 

61. How should greenhouse gas impacts and sea level rise be considered in NEPA project 

reviews? 

In conducting NEPA analyses, Federal agencies have discretion and should 

use their experience and expertise to decide how and to what degree to 

analyze particular effects. Pursuant to CEQ's NEPA implementing 

regulations, agencies should identity methodologies and ensure information 

is of high quality, consistent with 40 CFR 1500.l(b) and 40 CFR 1502.24. 

62. The Obama administration had estimated the social cost of carbon to be around $45 per 

ton of emissions in 2020. Former EPA Administrator Scott Pruitt reduced this number to 

between $1 and $6 per ton, notably by excluding the costs of climate change that are 

borne outside our borders. 

a. Do you agree that the social cost of carbon is a valuable tool for policy makers 

that should be used to help them assess the true costs of projects and true benefits 

of regulations limiting carbon emissions? 

b. Do you agree with Pruitt's decision to reduce the value of the social cost of 

carbon by excluding costs that are borne outside our borders? 

NEPA and CEQ's regulations do not require agencies to monetize the costs 

and benefits of a proposed action. CEQ's regulations at 40 CFR 1502.23 

provide that agencies need not weigh the merits and drawbacks of particular 

alternatives in a monetary cost-benefit analysis, and that such analysis 

should not be used when there are important qualitative considerations. 

Social cost of carbon (SCC) estimates were developed for rnlemaking 

purposes to assist agencies in evaluating the costs and benefits of regulatory 

actions, and were not intended for project level reviews under NEP A. 

To the extent that SCC estimates are used for rulemaking purposes, EO 

13783 directs Federal agencies to be consistent with the guidance contained 

in the Office of Management and Budget (OMB) Circular A-4 of September 

17, 2003. This guidance addresses consideration of domestic versus global 

impacts as well as appropriate discount rates, and specifically directs 

agencies to consider the domestic costs and benefits of rnlemakings. 

63. Former EPA Administrator Scott Pruitt issued a proposed rule that would prohibit EPA 

from considering in its rulemaking process studies whose underlying data is not public. 

This proposed rule would exclude many public health studies that rely upon confidential 

patient data. Do you support Pruitt's approach of excluding peer-reviewed public health 
44 


31547.066

studies simply because many of the people whose health data is used in them have not 

consented to making their data public? 

Transparency and reproducibility of findings are essential for scientific 

research. It is important to respect confidentiality agreements between 

researchers and their subjects, and to protect the health information of 

people who participate in health studies. The proposed rule has been issued 

for public comment and comments submitted will inform any future action. 
45 

Senator BARRASSO. Thank you so much for your testimony, Ms. 

Neumayr. We will have some questions in a few moments. 

I would like to turn now to Dr. Fleming. I would invite you to 

introduce your family and then please proceed with your testimony. 

STATEMENT OF JOHN C. FLEMING, NOMINATED TO BE ASSISTANT SECRETARY OF COMMERCE FOR ECONOMIC DEVELOPMENT, DEPARTMENT OF COMMERCE 

Dr. FLEMING. Thank you, Mr. Chairman. 

First of all, to my immediate back is my wife, Cindy Fleming. We 

just celebrated our 40th anniversary. We have four adult children 

and three grandchildren. 

To her left is Katie Posey, who is the wife of Congressman Posey. 

To her left is Debbie Meadows, the wife of Congressman Meadows. 

Then we have Elaine Petty who is the wife of Assistant Secretary 

for Water and Science, Tim Petty. 

To my right is Ross Ranson who helped me through the process 

today and behind them is career and political staff from the Department of Commerce. 

Senator BARRASSO. Welcome all. Thank you. 

Dr. FLEMING. Good morning, Chairman Barrasso, Ranking Member Carper, and distinguished members of the U.S. Committee on 

Environment and Public Works. 

It is indeed an honor to appear before my former congressional 

colleagues. I thank you for inviting me here today. I also would like 

to thank President Trump, Secretary Ross, and Acting Deputy Secretary Kelley, and the career and political staff here today, and 

many others, for their assistance and the opportunity to serve as 

the Assistant Secretary for Economic Development in the Department of Commerce, if confirmed. 

I am very excited about this opportunity because it allows me to 

use my broad and deep background as an entrepreneur, military 

veteran, physician, and former U.S. Congressman to serve again 

the American people. 

The mission of the Economic Development Administration, EDA, 

is to support the recovery of economies across America, including 

the U.S. territories. This agency helps economically distressed communities move past their previously failed economic circumstances. 

Even strong economic ecosystems sometimes suffer devastation 

from natural disaster events such as hurricanes, floods, and forest 

fires. I am acutely aware of this as my own State of Louisiana, 

after more than a decade, is still recovering from hurricane 

Katrina. Just drive down a few key streets in downtown New Orleans and you will see the ongoing regeneration of our infrastructure 

destroyed by hurricane Katrina. 

The EDA helps Americans face economic challenges, and I am no 

stranger to those challenges, having had a few myself. If I may, I 

would like to mention a couple. 

At age 11, growing up in a working-class home and influenced 

by my nurse grandmother, I began to have a dream of being a doctor 1 day. My grandmother convinced me that in America you can 

achieve whatever you want with hard work. I believed her. However, in the pursuit of my dream, I found obstacles. 

46 

My mother became disabled when I was 5, and my father died 

suddenly just before I graduated from high school leaving a college 

education in doubt. Nonetheless, by working part-time and with 

the help of government loan programs, I achieved my goal of becoming a physician while caring for a family back home. 

It was not an easy pathway. I loved my work in medicine. I spent 

the first 6 years as a U.S. Navy medical officer. Upon finishing my 

military tenure, I set up a private medical practice in a small town 

in Louisiana where my wife and I raised four children. 

Along the way, I became interested in another quintessential 

American dream: becoming a small business entrepreneur. In partnership with my brother, I began to open various retail franchised 

businesses that grew to over 500 employed positions that remain 

in existence even today. 

Again, there were challenges. I had to acquire capital. I had to 

develop management systems. I had to implement leadership accountability and many other things required for developing a successful suite of businesses. I also experienced business reversals 

just like any business owner. 

I believe my grandmother’s sage advice is still true today, 

through hard work, you can achieve whatever you want. It is 

through my own personal experiences that I appreciate the EDA’s 

mission to assist distressed communities in overcoming the economic challenges they may face. 

It is my belief with my background outlined here today, coupled 

with my strong conviction about the great virtue of our American 

economic model, that I am distinctly qualified to lead the EDA in 

its extremely important mission. 

I intend to help any American who may benefit and qualify from 

our assistance, regardless of their location or socioeconomic background. It would be a great honor, should I be confirmed, to continue public service by utilizing all that I have learned and experienced as a former military officer, a physician, an entrepreneur, 

and a four-term Congressman. 

I will endeavor to assist communities across the Country which 

have suffered economic hardship, helping these communities create 

jobs for millions of Americans. I pledge to you to work very closely 

with Congress with full transparency. 

Thank you, again, for allowing me to appear before you. I look 

forward to answering your questions. 

[The prepared statement of Dr. Fleming follows:] 

47 


31547.067

Statement of John C. Fleming 

Nominated to be Assistant Secretary of Commerce for 

Economic Development, Department of Commerce 

July 19,2018 

Good morning Chairman Barrasso, Ranking Member Carper, and distinguished members of the 

U.S. Senate Committee on Environment and Public Works. 

It is indeed an honor to appear before my former congressional colleagues. I thank you for 

inviting me here today. I also would like to thank President Trump, Secretary Ross, and Acting 

Deputy Secretary Kelley for the opportunity to serve as the Assistant Secretary for Economic 

Development in the Department of Commerce, if confirmed. 

I am very excited about this opportunity because it allows me to use my broad and deep 

background as an entrepreneur, military veteran, physician, and former U.S. Congressman to 

serve the American people. 

The mission of the Economic Development Administration (EDA) is to support the recovery of 

economies across America, including the U.S. territories. This agency helps economically 

distressed communities move past their previously failed economic circumstances. Even strong 

economic ecosystems sometimes suffer devastation from natural disaster events such as 

hurricanes, floods, and forest fires. I am acutely aware of this as my own state of Louisiana, after 

more than a decade, is still recovering from hurricane Katrina. Just drive down a few key streets 

in downtown New Orleans and you will see the ongoing regeneration of our infrastructure 

destroyed by hurricane Katrina. 

The EDA helps Americans face economic challenges, and I am no stranger to those challenges, 

having had a few myself. If I may, I'll share one or two right now: 

At age II, growing up in a working-class home and influenced by my nurse grandmother, I 

began to have a dream of being a doctor one day. My grandmother convinced me that in America 

you can achieve whatever you want with hard work. I believed her. However, in the pursuit of 

my dream, I found obstacles. 

My mother became disabled when I was 5, and my father died suddenly just before I graduated 

from high school leaving a college education in doubt. 
48 


31547.068

Nonetheless, by working part-time and with the help of government loan programs, I achieved 

my goal of becoming a physician while caring for a family back home. It was not an easy 

pathway. 

I loved my work in medicine. I spent the first 6 years as a U.S. Navy medical officer. Upon 

finishing my military tenure, I set up a private medical practice in a small town in Louisiana 

where my wife and I raised 4 children. Along the way I became interested in another 

quintessential American dream: becoming a small business entrepreneur. In partnership with my 

brother, I began to open various retail franchised businesses that grew to ov.or 500 employed 

positions that remain in existence even today. Again, there were challenges. I had to acquire 

capitaL I had to develop management systems. I had to implement leadership accountability and 

many other things required for developing a successful suite of businesses. I also experienced 

business reversals just like any business owner. 

I believe my grandmother's sage advice is still true today - through hard work, you can achieve 

whatever you want. It's through my own personal experiences that I appreciate the EDA's 

mission to assist distressed communities in overcoming the economic challenges they may face. 

It is my belief with my background outlined here today, coupled with my strong conviction about 

the great virtue of our American economic model, that I am distinctly qualified to lead the EDA 

in its extremely important mission. I intend to help any American who may benefit and qualify 

from our assistance, regardless of their location or socioeconomic background. 

It would be a great honor, should I be confirmed, to continue public service by utilizing all that I 

have learned and experienced as a former military officer, a physician, an entrepreneur, and a 

four-term congressman. I will endeavor to assist communities across the country that have 

sufTered economic hardship, helping these communities create jobs for millions of Americans. 

I pledge to you to work very closely with Congress with full transparency. 

Thank you, again. for allowing me to appear before you. !look forward to answering your 

questions. 
49 


31547.069

Senate Committee on Environment and Public Works 

Hearing entitled, "Hearing on the Nominations of Mary Bridget Neumayr to be a Member of 

the Council on Environmental Quality and John C. Fleming to be Assistant Secretary of 

Commerce for Economic Development" 

July 19,2018 

Questions for the Record for Dr. John C. Fleming 

Chairman Barrasso: 

l. Between fiscal years 2012 and 2016, Wyoming ranked second-to-last among all 50 states 

when it came to assistance from the Economic Development Administration (EDA). I 

would note that EDA awarded entities within similar-size states in the region- Montana, 

South Dakota, and North Dakota- three to five times the amount that EDA awarded to 

entities in Wyoming. I would add that, during this time period, Delaware- the home of 

Ranking Member Carper- was last among states when it came to assistance from EDA. 

How can EDA work with communities in Wyoming and Delaware to ensure that our 

constituents are aware of, know how to access, and better compete for EDA assistance? 

Response: 

I will be happy to look into this further if confirmed, but it is my understanding 

that, in general, at any given time, communities may or may not be eligible under 

EDA 's primary authority depending on a number of economic distress criteria 

such as the communities' unemployment rate, per capita income, or special need 

(i.e. disaster declaration). 

Additionally, it is my understanding that Wyoming communities often struggle to 

meet these eligibility requirements set forth by statute. I further understand that 

there are no economic development districts in Wyoming and only one revolving 

loan fund. However, there is a University Center investment in with the 

University of Wyoming. 

In 2017, there were several important Wyoming investments, and the Denver 

regional office has invested more in 2017 than they had in the previous 6 

years. The regional oftice is making strides in identifying and funding quality 

projects in the state and looks forward to working closely with your constituents 

to continue this trend. 

With respect to Delaware, I understand that many communities have struggled 

with the statutory eligibility requirements as well. That said, $516,899 was 

awarded in 2016 for Delaware Technology Park proof of concept lab, and $3M in 

2017 for Delaware Innovation Space, Inc. Technology and Science Lab at the 

former DuPont lab site. 
50 


31547.070

Ranking Member Carper: 

I. Whistleblower laws protect the right of federal employees to make lawful disclosures to 

agency management officials, the Inspector General, and the Office of Special Counsel. 

They also have the right to make disclosures to Congress. 

Specifically, 5 U.S.C. § 7211 states that the "right of employees, individually or 

collectively, to petition Congress or a Member of Congress or to furnish information to 

either House of Congress, or to a committee or Member thereof, may not be interfered with 

or denied." Further, 5 U.S.C. § 2302(b)(8), makes it a violation of federal law to retaliate 

against whistleblower because of ''(A) any disclosure of information by an employee or 

applicant which the employee or applicant reasonably believes evidences- (i) a violation of 

any law, rule, or regulation, or (ii) gross mismanagement, a gross waste of funds, an abuse 

of authority, or a substantial and specific danger to public health or safety, any disclosure 

to the Special Counsel, or to the Inspector General of an agency or another employee 

designated by the head of the agency to receive such disclosures, of information which the 

employee or applicant reasonably believes evidences a violation of any law, rule, or 

regulation ... '' In addition, pursuant to 18 U.S. C. § 1505, it is against federal law to interfere 

with a Congressional inquiry. 

If you are confirmed, will you commit to protect the rights of all EDA career employees 

to make lawful disclosures, including their right to speak with Congress? 

Response: 

If confirmed. I will protect the rights of all EDA career employees to make lawful 

disclosure, including their right to speak with Congress. 

2. Will you commit to communicate employees' whistleblower rights via email to all EDA 

employees within a week of being sworn in? 

Response: 

If confirmed, I will commit to reviewing the Department's policies related to 

communicating policies that apply Department-wide and ensure that EDA 

employees are aware of their whistleblower rights. 

3. In your ethics agreement you state: "I will not participate personally and substantially in 

any particular matter in which I know that I have a financial interest directly and 

predictably affected by the matter, or in which I know that a person whose interests are 

imputed to me has a financial interest directly and predictably affected by the matter, 

unless I first obtain a written waiver, pursuant to 18 U.S.C. § 208(b)(l), or qualify for a 

regulatory exemption, pursuant to 18 U.S.C. § 208(b )(2)." 

Please provide a list of all such particular matters involving specific parties that you will 

either need to recuse yourself from or seek authorization to participate in. For each such 

particular matter, please also indicate whether you plan to seek a waiver to participate. 
51 


31547.071

Response: 

At this time, lam unaware of any particular matters involving specific parties that 

will require my recusal or for me to seek authorization to participate. My 

understanding is that it is unlikely for matters involving specific parties to rise to 

the level of the Assistant Secretary for Economic Development However, in the 

unlikely event that such a matter does arise, I will recuse myself or work closely 

with Department ethics officials to find an appropriate resolution consistent with 

Government ethics rules. 

4. In your ethics agreement, you also mention that you will continue to serve as a trustee of 

Fleming Properties Trust Further, the Public Financial Disclosure Report (OGE Form 

278e) you completed lists a number of businesses in which you or your spouse hold a 

position of influence or hold a financial interest. Have any of these entities benefitted~ 

directly or indirectly~from grants or loans awarded by the EDA? If so, please document 

and describe each such benefit. 

Response: 

To the best of my knowledge, none of the businesses in which I or my spouse 

hold a position of influence or financial interest have ever benefitted, directly or 

indirectly, from grants or loans awarded by the EDA. 

5. Do you agree to provide complete, accurate and timely responses to requests for 

information submitted to you by any Member of the Environment and Public Works 

Committee? If not, why not? 

Response: 

If con finned, l commit that I will provide all available requested information and 

appropriate responses to requests for information in as complete, accurate and 

timely manner as possible. My staff will provide updates on the status of any 

requests and identify any delays, if applicable. 

6. The U.S. Economic Development Administration (EDA) offers resources and technical 

assistance to support business attraction and retention at the local and regional level. Core 

programs are vital to sustaining assistance in areas such as planning, infrastructure 

development, and innovative strategies. What is your approach to delivering these 

programs? Will you seek to preserve and maintain core agency functions? 

Response: 

I support the President's budget proposal and the Administration's reorganization 

plan to consolidate EDA 's authorities under the Bureau of Economic Growth. 

Concurrently, I will abide by and faithfully execute EDA's mission should 

Congress continue to appropriate funds to EDA. 

If confirmed and presented with continued appropriations to operate EDA, under 

my leadership, EDA will continue to help communities develop and implement 
52 


31547.072

economic diversification strategies that will build on the communities' economic 

assets in related but new economic pursuits. 

I would want to ensure that EDA is focusing on creating the local and regional 

economic conditions necessary for businesses to succeed. This means investing EDA 

funds in economic development projects that facilitate the private sector's ability to 

create jobs and to help attract additional private investment in these projects and the 

communities around them. 

7. During your testimony before the Committee, you provided an explanation for your two 

previous votes when you were a member of the House of Representatives to defund the 

EDA, the agency that you have now been nominated to lead. Do you commit to defend 

and fully support funding and programing for the Economic Development 

Administration? 

Response: 

If confirmed, I will support the President's budget while faithfully executing the 

program funding levels appropriated by the Congress for EDA. 

8. The Trump Administration released its government reform plan last month. The proposal 

seeks to consolidate many economic development-related programs. Within the plan, 

EDA 's Economic Assistance programs would be transferred into a new agency, the 

Bureau of Economic Growth (BEG). The agency would also administer Community 

Development Block Grant (CDBG) and federal-state regional commissions including the 

Delta Regional Authority and Northern Border Regional Commission. These programs 

have mostly been slated for elimination by the Trump Administration. Do you support 

this effort to consolidate these programs? 

Response: 

I support the Administration's efforts to consolidate these programs, including the 

economic development grants made under EDA authorities. Creating one central 

place for economic development is good government. The Bureau of Economic 

Growth will be a catalyst for job creation, business growth and local-planned 

economic diversification. 

Senator Gillibrand: 

1. The U.S. needs a national effort to position every community for success in today's 

economy, to make our local economies more resilient to economic change, and to ensure 

everyone who wants to work has access to a good-paying job. One of EDA' s greatest 

strengths is its flexible portfolio of programs and ability to work with other federal, state, 

and local agencies to respond quickly to disasters, plant closings, and other economic 

disruptions that have too often left communities in a downward spiral and unable to fully 

recover. EDA also has a strong record of effectively working with many other federal 

agencies to provide resources to economically struggling communities that often need 
53 


31547.073

more than one kind of assistance to create good-paying jobs. What actions will you take, 

or what will you ask Congress to help you with, to increase the coordination and impact 

of the various federal economic development resources agencies provide to our 

economically struggling communities? 

Response: 

I support the President's budget proposal and the Administration's reorganization 

plan to consolidate EDA's authorities under the Bureau of Economic Growth. 

Concurrently, I will abide by and faithfully execute EDA's mission should 

Congress continue to appropriate funds to EDA. 

If confirmed and presented with continued appropriations to operate EDA, I will 

continue EDA 's current practice of integrating resources across multiple 

Departments through EDA's current business practice of Economic Development 

Integration (ED!). The Office of Management and Budget (OMB) has designated 

EDA to lead the federal government's efforts to maximize the integration of 

economic development resources from all sources, including federal, state, local 

and philanthropic, to achieve more impactful and sustainable outcomes for 

communities across America. 

Consistent with Congressional and OMB direction, if confirmed, I will prioritize 

supporting and strengthening EDA 's ability to fulfill its mandate as the lead 

integrator of federal economic development resources. 

2. Would you support the creation of dedicated economic recovery support teams to offer 

rapid response assistance to communities that are facing significant job loss? 

Response: 

I support the President's budget proposal and the Administration's reorganization 

plan to consolidate EDA's authorities under the Bureau of Economic Growth. 

Concurrently, I will abide by and faithfully execute EDA 's mission should 

Congress continue to appropriate funds to EDA. 

If confirmed and presented with continued appropriations to operate EDA, I will 

continue to use the framework already in place at F.DA to create economic 

recovery support teams. EDA has deployed rapid response teams to areas that 

have faced significant job loss under the Economic Development Assessment 

Team (EDAT) framework. EDA works across agencies to pull together the 

necessary resources to respond to the specific geographic area and industries 

affected. 

The goal of the EDAT is to leverage the power of multiple federal agencies and 

harness stakeholder input to create economic development strategies that help 

pave the way for job growth. Modeled after the National Disaster Recovery 

Framework (NDRF), an EDAT enables EDA to marshal the full range of federal 

resources to work on behalf of a region experiencing economic distress. This 
54 


31547.074

tailored response has been used to address incidents like the Deepwater Horizon 

oil spill, the Colorado wildfires, and the collapse of New England's fisheries. 

An EDA T brings together agencies from across the federal government to focus 

their efforts, build relationships, and better understand the challenges facing a 

region. The federal team collaborates with local and industry stakeholders to 

explore strategies for diversification and familiarizes them with applicable 

programs to support economic development and revitalization. By engaging with 

local stakeholders with diverse interests in the community, the team accelerates 

community planning and action and assists communities in leveraging and 

applying best practices for economic development and diversification. 

Most recently, EDA coordinated an EDAT to Maine to identify federal resources 

that can help Maine's forest products industry create and retain jobs. and 

strengthen the future of Maine's forest economy. This EDA T brought together 

representatives from EDA, U.S. Department of the Treasury, U.S. Department of 

Transportation, U.S. Department of Agriculture, U.S. Department of Labor, U.S. 

Department of Energy, U.S. Environmental Protection Agency, U.S. Small 

Business Administration, and the Northern Border Regional Commission. A 

Planning Committee was established for the EDA T, which includes industry 

representatives, elected officials, community members, and regional economic 

development officials. 

EDA also stands ready with an Economic Development Integration (ED I) team 

that has the capacity to handle additional deployments and the coordination of 

federal resources for communities facing significant job loss. 

3. If not, what would you propose EDA do to increase its ability to respond rapidly to 

disruptions and dislocation? 

Response: 

N/A (see #9 above). 

4. EDA 's Regional innovation Strategies (RIS) Program, which focuses on increasing local 

innovation and entrepreneurship, has had a very positive impact on the State of New 

York. Since 2014, the New York has received nine awards through RIS, including one to 

Launch New York in Buffalo. This funding is allowing Launch New York to provide 

funding for start-up companies in Western New York, a region that accounts for nearly 

50 percent of annual research and development expenditures in New York State but 

receives only 3 percent of the venture capital invested in the state. The funding provided 

through RIS is ensuring that the most promising startups have access to high-quality 

business mentoring in combination with vital seed capital to support new companies and 

the creation of new jobs. Demand for RIS awards has always greatly exceeded its 

funding since the program's first appropriation back in FY2014. Since the program's 

inception, Congress has provided $57 million while EDA has received 830 applications 

seeking a total of$245 million. Will you work with me to expand the RJS program and 
55 


31547.075

secure the adequate resources in next year's FY2020 budget to support more startups 

throughout New York State and the nation? 

Response: 

The RIS program is one of many unique EDA programs that help communities 

address the continuum of economic development needs they may experience. 

Under RIS, EDA awards grants that build regional capacity through seed capital 

and support to innovators entrepreneurs to translate their innovations into jobs. 

These investments strengthen the activities and thus, the outcomes, of investments 

made through other EDA programs. ln the event that Congress appropriates funds 

for this program, if confirmed, I will ensure that it is executed effectively in New 

York and the nation. 

5. What are your views on the federal role in supporting innovation and entrepreneurship? 

Response: 

The federal government plays a critical role and can be a great catalyst for 

innovation and entrepreneurship. I believe the federal government's focus should 

be on enabling the conditions for businesses to start and grow. The President's 

reorganization proposal would help refine this focus. 

6. Congress has appropriated $600 million in disaster supplemental funding for EDA grants 

to support relief efforts and long-term economic recovery projects in communities 

affected by disasters last year, including Puerto Rico and the U.S. Virgin Islands, which 

were devastated by Hurricane Maria. What are your plans for utilizing the disaster 

supplemental funding in Puerto Rico and the U.S. Virgin Islands? 

Response: 

In response to the devastation caused by Hurricanes Irma and Maria, the Federal 

Emergency Management Administration, or FEMA, established joint field offices, 

or JFOs, in San Juan, Puerto Rico, and St. Croix, U.S. Virgin Islands. The 

Economic Recovery Support Function was activated under each of these JFOs, and 

EDA responded by assigning agency personnel to staff each of these. Under the 

ERSF model, EDA coordinates collaboration and strategic planning among its 

federal partners along with state, territorial, regional and local stakeholders and 

decision makers. EDA continues to direct disaster recovery assistance to Puerto 

Rico and the U.S. Virgin Islands through the ERSF process. 

Both Puerto Rico and the U.S. Virgin Islands are included among the states that are 

within the jurisdiction ofEDA's Philadelphia regional office. Philadelphia regional 

otlice personnel are working closely with territorial elected otlicials and other 

decision makers and stakeholders to identify projects that directly address the 

priorities and objectives specified under each Recovery Support Strategy and that 

are eligible for funding under the Disaster Supplemental NOFO. The Philadelphia 
56 


31547.076

office is currently receiving project proposals and applications, and making grant 

awards accordingly. 

Senator Whitehouse: 

I. EDA has invested over $35 million in Rhode Island since FY 2009, including helping in 

the recovery from the 2011 floods. It's also supported a composites industry cluster in 

Bristol, improvements to our fishing docks in Galilee, and improvements to a formerly 

polluted site in Providence to ready it for redevelopment. The EDA has been 

instrumental in supporting "blue economy" initiatives in the state. Would you commit to 

visiting Rhode Island to visit some of this work that EDA has supported? 

Response: 

If confirmed, I would be honored to visit the great state of Rhode Island and look 

forward to it. 

2. Though EDA provides funding to help economies rebound after disasters, there is limited 

opportunity to support resiliency work ahead of storms and other disasters. Climate 

change is expected to make these storms stronger and more frequent, increasing the 

financial risks communities face. A report from the National Institute of Building 

Sciences found that for every $1 the federal government spends on improving resiliency, 

society saves $6. On climate change, you have stated: "We are coming to the recognition 

that the environment is not as sensitive to carbon dioxide as many thought at first and that 

there are many other factors involved in global warming and temperature changes.'' 

Is that still your view about climate change? If not how have your views on climate 

science changed? 

Response: 

As I don't have the full context and full text of the statement cited, I can only 

express what I believe and understand on this subject. I believe that climate 

change is a fact and so is human activity as a contributor to climate change. 

However, as a non-scientist and non-expert on climate change, I am not qualified 

to determine to what degree human activity impacts climate change or the 

environment in general. It is my sincere belief that we should rely on qualified 

scientists to make that determination. 

3. Do you believe that human activity, namely the burning of fossil fuels. is the primary 

driver of climate change? If not, what is? 

Response: 

I do not know if human activity through burning fossil fuels or in addition to 

burning fossil fuels is the primary driver of climate change. Again, I am not an 

expert or a scientist in this area. 
57 


31547.077

4. What role can the EDA play in helping communities, particularly coastal economies, be 

more resilient to the next hurricane or climate disaster? 

Response: 

In current practice, EDA plays an active role in supporting community and 

regional capacity to become more resilient to natural disasters. As the 

coordinating agency for Economic Recovery Support Function (ERSF) under the 

National Disaster Recovery Framework, EDA is uniquely positioned to advance 

regional disaster resilience and recovery efforts across the country in partnership 

with its extensive network of Economic Development Districts, University 

Centers, institutions of higher education and other partners. 

To build a resilient foundation for economic growth, EDA's Comprehensive 

Economic Development Strategy (CEDS), the backbone regional planning 

document for EDA funding, requires that resilience (to natural and man-made 

disasters) be incorporated into the development of such plans. This locallydriven, regionally-owned planning process is designed to build capacity and guide 

the economic prosperity and resiliency US regions. 

As stronger, more diversified economies are better able to withstand hurricanes 

and other natural disasters, EDA is committed to helping more vulnerable 

communities and regions strengthen their economies before disaster strikes, and 

build back better for the future after a disaster. 

Under the its 2018 Disaster Supplemental Notice of Funding Opportunity 

(NOFO), EDA has continued to emphasize the critical importance of disaster 

resilience, which aligns with the Department's investment priorities. In order to 

be competitive for assistance under this EDA NOFO, applicants must clearly 

incorporate ""resilience principles" that enhance the community or region's ability 

to anticipate, withstand and recover from future disruptions to their economic 

base. 

Examples of eligible activities for funding under EDA's Disaster Supplemental 

Notice of Funding Opportunity (NOFO) that emphasizes resilience include: 

Economic diversification efforts to broaden the region's industrial base 

Projects to enhance business retention and expansion 

Construction of high performance/resilient infrastructure 

redundancy in telecommunications and broadband networks 

promoting business continuity and preparedness 

employing safe development practices in business districts and 

surrounding communities 
58 


31547.078

Comprehensive planning efforts to define and implement a collective 

vision for economic recovery and resilience 

5. According to the International Energy Agency, by 2040, there could be roughly 300 

million electric vehicles (EVs) on the road, making up 16% of the global automotive 

fleet. Most other projections are even more bullish fur electric vehicles, including one 

from Bloomberg, which predicts well over 400 million electric vehicles by 2040. To 

keep pace with this rapidly changing technology and growth in EV deployment on our 

roadways. the United States must invest in research and infrastructure. 

a. Do you agree that the United States should be a technological leader in EV 

development and deployment? 

b. What can you do in your role to stimulate deployment of EV s to keep America 

competitive with other countries who are investing heavily in this technology? 

c. Do you agree that the United States must prepare now for this rapid shift in 

vehicle technology by building infrastructure conducive for EV s? If so what can 

we do in the near term? 

Response: 

I support the President's budget proposal and the Administration's reorganization 

plan to consolidate EDA's authorities under the Bureau of Economic Growth. 

Concurrently, I will abide by and faithfully execute EDA's mission should 

Congress continue to appropriate funds to EDA. 

If confirmed and presented with continued appropriations to operate EDA, 

electric vehicle technology could fit within EDA's investment priorities, such as 

advanced manufacturing and/or innovation. Should a community find that such 

technologies fit within its future plans for economic diversification, it would 

likely be eligible for funding under EDA 's programs. 
59 

Senator BARRASSO. Thank you both of you. Congratulations to 

both of you. 

Throughout this hearing and with questions for the record, the 

committee members will have an opportunity to learn more about 

your commitment to public service of our great Nation. I would ask 

throughout this hearing that you please respond to the questions 

today and those for the record. 

With that said, I have the following questions to ask that we ask 

all nominees on behalf of the committee. I will ask each of you to 

respond individually. 

Do you agree, if confirmed, to appear before this committee or 

designated members of this committee and other appropriate committees of the Congress and provide information subject to appropriate and necessary security protections with respect to your responsibilities? 

Ms. NEUMAYR. Yes. 

Dr. FLEMING. Yes, Mr. Chairman. 

Senator BARRASSO. Do you agree to ensure that testimony, briefings, documents in electronic and other forms of communication of 

information are provided to this committee and its staff and other 

appropriate committees in a timely manner? 

Ms. NEUMAYR. Yes. 

Dr. FLEMING. Yes, Mr. Chairman. 

Senator BARRASSO. Do you know of any matters which you may 

or may not have disclosed that might place you in any conflict of 

interest if you are confirmed? 

Ms. NEUMAYR. I am not aware of such matters. 

Dr. FLEMING. No, sir. 

Senator BARRASSO. Ms. Neumayr, let me start. 

As I mentioned earlier, you have a very impressive career in public service and environmental law. You have held positions at the 

Department of Justice, the Department of Energy, the House of 

Representatives and you have also served as the CEQ’s Chief of 

Staff since March of last year. 

How has your experience prepared you for the critically important job of advising the President on environmental policy? 

Ms. NEUMAYR. Thank you, Mr. Chairman. 

As you said, over the past 15 years, I have had the privilege of 

working in a variety of positions in the Executive and Legislative 

branches on energy and environmental policy matters. This has 

given me an opportunity to work on a very broad range of issues 

with a large number of Federal agencies. 

It has also given me the opportunity, while working as a congressional staffer, to see the important role Congress plays in conducting oversight and developing legislative proposals. It has also 

given me the opportunity to see how important it is to work on a 

bipartisan basis, when we can, to try to address very challenging 

and difficult issues relating to some of these matters. 

I believe, based on this experience, it will help to inform me 

going forward, should I be confirmed. I would look forward, should 

I be confirmed, to working with this body as I carry out my duties. 

Senator BARRASSO. Thank you. 

Dr. Fleming, one of the things brought up earlier by Senator Carper was that during your career in Congress, you voted to elimiVerDate Aug 31 2005 14:55 Sep 27, 2018 Jkt 000000 PO 00000 Frm 00063 Fmt 6633 Sfmt 6633 S:\_EPW\DOCS\31547.TXT VERN
60 

nate the Economic Development Administration. I was going to 

give you an opportunity to help us understand why you now want 

to lead this agency? 

Dr. FLEMING. Mr. Chairman and Ranking Member, thank you so 

much for that question. 

When I ran for Congress in 2008 and was elected in 2009, I made 

a campaign promise to go to Washington to cut spending and to reduce deficits. In fidelity to that commitment and promise, I did 

what I could to do that. 

There are a lot of things we look at in terms of streamlining and 

hopefully reducing the cost of government and taking the burden 

off taxpayers. However, going forward, I have very much become 

appreciative of the great work that EDA does and of its many accomplishments. 

What really attracts me as an entrepreneur myself is the ability 

to leverage private sector dollars to draw in entrepreneurs, 

innovators, to risk their capital on behalf of the American people 

creating jobs, goods and services. 

As I said, the more I learn about EDA, the more impressed I am 

with the work it does. Again, what agency in the Federal Government can claim it gets a 15 to 1 leveraging of non-Federal dollars? 

Thank you. 

Senator BARRASSO. I note that the President’s Fiscal Year budgets for 2018 and 2019 propose eliminating the agency and its assistance programs. Yet, in terms of Congress, in Fiscal Year 2018, 

Congress funded the Economic Development Administration at $39 

million and provided I think about $263 million for its assistance 

programs. Congress has appropriated an additional $600 million in 

emergency funding for the agency’s assistance programs. 

If confirmed, can you share with us your plans for the agency? 

Dr. FLEMING. Thank you, Mr. Chairman. 

Yes, in fact, the checks are going out the door as we speak, 

ramping up rapidly in the third and fourth quarters. I certainly 

want to make sure that is speedily done but also with good stewardship to the taxpayers. 

That is quite a job the EDA has coming forward, as you said, 

$600 million, but it is for a great cause. It is for relief. 2017 was 

a very difficult year. We had hurricanes, forest fires and so forth 

and the help is coming. I certainly want to make that as efficient 

and proficient as possible, although the EDA currently is doing a 

great job as well. 

Senator BARRASSO. Ms. Neumayr, CEQ has not updated its regulations under NEPA, the National Environmental Policy Act, for 

decades. Last month, CEQ issued ‘‘An advance notice of proposed 

rulemaking’’ requesting public comment on potential revisions to 

these regulations. 

Can you explain to us and help us understand what has promoted CEQ to update its NEPA regulations and discuss how permitting delays and spiraling project costs have led to the CEQ’s 

proposal? 

Ms. NEUMAYR. Yes. Last August, President Trump issued an Executive Order which addressed environmental reviews and authorization decisions for major infrastructure projects. As part of that 

Executive Order, he directed the CEQ to review its regulations and 

61 

guidance to determine whether there were ways to modernize and 

make the NEPA process more efficient, timely, and predictable. 

We went forward with an advanced notice of proposed rulemaking to solicit comment on whether there might be potential updates or clarifications to the regulations that would be appropriate. 

As you said, they have not been reviewed for over 40 years. 

Senator BARRASSO. Senator Carper. 

Senator CARPER. Ms. Neumayr, I want to ask you a question to 

start off about the philosophy you would bring to CEQ as its Chair. 

Would you say that it would be your primary responsibility as the 

CEQ Chair to help prevent or eliminate the damage to our environment? Would you say that is your primary responsibility? 

Ms. NEUMAYR. Yes, I would say to advance environmental protection. 

Senator CARPER. In your view, what are the most important elements of the NEPA process and what changes do you envision proposing to the CEQ NEPA regulations? 

Ms. NEUMAYR. The NEPA process is intended to ensure that decisionmakers are informed of potential environmental impacts, significant major Federal actions that may affect the quality of the environment. The NEPA process is also intended to ensure the public 

has an understanding of the decisionmaking process as well and 

may participate in that process. 

As we discussed, the NEPA regulations were issued in 1978. 

They have been revised only once in one very limited respect. We 

have solicited public comment on whether there are potential updates or clarifications that may be appropriate, given the passage 

of time. 

CEQ, over the years, has issued a number of guidance documents 

relating to implementation. Questions relating to the implementation of NEPA have also been the subject of extensive litigation. We 

want to see if there are some commonsense revisions that may facilitate more efficient implementation of NEPA without compromising environmental protection. 

Senator CARPER. Thank you. 

I mentioned win-win situations in my opening statement. One of 

them relates to the auto industry and emissions from the auto industry from cars, trucks and vans on our roads. A primary source 

of air pollution is our vehicles. It is one we have made some 

progress toward addressing. I think we all agree we need to make 

a whole lot more. 

The President met in the White House about 2 months ago with 

leaders of the auto industry, domestic and some from outside the 

Country. I think EPA was represented by Scott Pruitt. I think the 

Department of Transportation was represented its Secretary and 

Deputy Secretary. Were you at that meeting? 

Ms. NEUMAYR. No, I was not. 

Senator CARPER. I heard this from any number of people who 

were there that the auto industry as one said to the President, Mr. 

President, if you want to help us, you will do this and support this 

policy with respect to CAF standards, fuel efficiency standards and 

tailpipe standards. 

62 

You will give us support of policies for some near term flexibility 

in the fuel efficiency standards, near term flexibility. In return for 

that, we will shoot for a higher target going forward after 2030. 

The auto industry said to the President, we don’t want California 

to be thrown a curve along with ten other States that support their 

position. We want California and these other States at the table. 

They said to the President, we want certainty and predictability 

with respect to these standards. We are going to be building cars 

for markets all over the world, not just here in the U.S. We do not 

need to build two versions of the same model for the domestic market and frankly, we don’t need to do the same thing for markets 

outside of the U.S. 

So far in my conversations with Andrew Wheeler and Bill 

Wherum, they basically said in so many words, we want a 50-State 

solution that actually is good for the environment, the economy, 

these companies and it is a win-win. 

Your views, please? You are going to be in a key position to try 

to make something like this happen. 

Ms. NEUMAYR. As you discussed, this is a matter primarily being 

addressed by EPA and DOT rather than CEQ but as you say, there 

is a rulemaking process underway. We do support one national 

standard. We think that it is important to seek such an approach. 

There is an ongoing rulemaking process. As a component of the 

White House or as the Executive Office of the President, CEQ is 

participating in that process. We expect there will be a proposal 

that will be put out for public comment. It will be important to receive comment and inform any future actions based on that comment. 

Senator CARPER. I understand it is likely that proposal will not 

be a 50-State solution. Is it going to be a proposal that will invite 

further litigation, uncertainty, and lack of predictability? This industry is an important industry. 

I would just urge, if you are confirmed and I think there is 

chance you will be, you could come right out of the starting block. 

You could, I think, be a force for commonsense and good public policy in any number of ways. I hope you will do that. 

My time has expired. May I have a chance to ask one followup 

question? I just want to come back and ask Dr. Fleming, again the 

question asked by our Chairman. 

There is an old saying in Delaware, people may not believe what 

you say but they will believe what you do. Again, two times, as I 

understand it, you voted to defund EDA, the entity you have been 

nominated to lead. The Administration has now proposed, I think 

a couple of times for two fiscal years, to defund EDA. 

In a State where EDA actually does some really good work, I am 

sure the same is true in other States, the question I am going to 

be asking you is you have to make people believe if you are confirmed with this position, with the Administration trying to get rid 

of this program and you having voted twice to defund, I want to 

make sure it is still going to be around to do the good work they 

are doing. 

My time has expired. We will come back and talk about it. 

Dr. FLEMING. Yes, sir. 

Senator BARRASSO. Senator Ernst. 

63 

Senator ERNST. Thank you, Mr. Chairman. 

Thank you to our nominees for being here today. I would like to 

start with you, Ms. Neumayr. 

The renewable fuels standard is critical to America’s farmers. 

This has been in the headlines as of late. It is an issue that is very 

important to me, a number of my colleagues and, of course, our 

rural communities. 

In 2016 and 2017, we learned that the EPA, under former Administrator Scott Pruitt’s leadership, granted 48 small refinery 

hardship exemptions of the 53 petitions that had been submitted 

to the agency. 

These waivers effectively reduced the 2016 and 2017 renewable 

volume obligations by a combined 2.25 billion gallons of biofuels 

which has significantly weakened the demand for biofuels, has put 

thousands of our jobs in jeopardy, and truly undermined congressional intent of the law. 

Do you believe the RFS should be implemented in a manner consistent with the original intent of Congress, and, if confirmed, 

would you support the spirit and the letter of the law? 

Ms. NEUMAYR. Yes, Senator. I know this is a very important 

issue and an issue that has been the topic of discussion among senior Administration officials and this body. It is a standard that is 

implemented by the EPA in consultation with USDA and the Department of Energy. 

I can commit, if confirmed, I will seek to support its implementation consistent with the letter and intent of the law. 

Senator ERNST. What role do you believe the Council for Environmental Quality should play in the EPA’s administration of the 

Clean Air Act, specifically the RFS? 

Ms. NEUMAYR. This is a statutory program, a program that is administered by the EPA, but CEQ, I believe, can play a supporting 

role in seeking to support both EPA and the agencies with which 

it consults as they implement the statute. 

Senator ERNST. We would certainly encourage you to do that. If 

you are confirmed, will you be engaging with the biofuels industry, 

agricultural communities and governing agencies, as you stated, on 

any issues related to the RFS, meaning all stakeholders? 

Ms. NEUMAYR. Yes, I anticipate that we would be. I do think it 

is important that all stakeholders are heard from and that we act 

on full information. 

Senator ERNST. I appreciate that. I think input needs to come 

from all stakeholders in order to make an educated decision on 

these issues. 

As you know, E15 is a federally approved blend of 15 percent 

ethanol and 85 percent regular gasoline. Fuel retailers across the 

Country want to offer E15 year round. These retailers have invested millions of dollars in infrastructure to help make this possible. 

However, we do have an outdated Reid Vapor Pressure regulation which is blocking them from offering E15 during the summer 

months, which would be June 1 through September 15. The yearround sale of higher ethanol blends like E15 would provide benefits 

not only to farmers but also to consumers and our environment. 

64 

Earlier this year, President Trump called the restriction ‘‘unnecessary and ridiculous.’’ He committed to fixing it by expanding the 

RVP waiver to higher ethanol blends. If confirmed, will you support 

the President’s stand and commitment to E15? 

Ms. NEUMAYR. As I said earlier, I understand there have been 

discussions between senior officials, including the President and 

members of this body, on aspects of the program, including this 

issue. 

I have not participated in those discussions but, if confirmed, I 

commit that I will seek to support implementation of the law consistent with Congress’ directives and the President’s commitments. 

Senator ERNST. Absolutely and I appreciate that the President 

has reaffirmed many times over that he is committed to E15 and 

would like to see that year round. He fully supports our farmers 

and the RFS. We want to make sure we are upholding that commitment to the law and to the President as well. 

Thank you very much. 

Senator BARRASSO. Thank you, Senator Ernst. 

Senator CARDIN. Senator CARDIN. Thank you, Mr. Chairman. 

I want to thank both of our nominees for your public service and 

your willingness to continue public service. 

This committee has a reputation of working together in a bipartisan way to accomplish both economic development and growth 

through infrastructure and economic development programs, and in 

protecting our environment. 

Sometimes that is difficult in the environment we work in, but 

we look at your two positions as critically important to working 

with us to achieve the objective of a safe and clean environment 

and economic growth in areas that have real challenges for economic growth. 

I want to start with the question Senator Carper set out because, 

Dr. Fleming, you and I have had a chance to talk about this. I just 

want to make sure I reiterate this for the record. 

I enjoyed our conversation. Your background is very impressive. 

Your own personal life story is very impressive. 

We talked this week about the challenges in areas such as rural 

America and our urban cities not having the same attractions for 

jobs and economic growth that other communities have. In the 

rural parts of my State, it is challenging to get companies to locate 

there. It is a wonderful community but they need to have the attractions so businesses will be able to have confidence to come to 

those communities and that there is a future. 

Senator Carper mentioned your voting history in the House of 

Representatives. Congress has been very bipartisan in making sure 

the EDA Program remains and is funded. We would like to get on 

the record your understanding of what you would do, if confirmed, 

to carry out the responsibilities of the EDA Program? 

Dr. FLEMING. Senator, thank you for that question. 

You are right that in public disclosure of the President’s budget, 

I think last year and this year, the plan is to down scope EDA, no 

question about that. The story does not end there. A later release 

of the President’s reorganization plan actually stands up the Bureau of Economic Growth which actually pulls in the authorities 

65 

and capabilities of EDA and similar economic development programs from HUD, Agriculture and other things. 

This Administration, like every Administration, is having to 

make difficult decisions about spending. I think the focus is on consolidation, realignment and efficiency. I believe if you look at that, 

you will actually see given the proper funding, there will be a continuation of, if not all of the authorities, but these are two publicly 

disclosed documents. 

Senator CARDIN. I want to try to hone in on two different scenarios. 

Dr. FLEMING. Yes. 

Senator CARDIN. One, Congress rejects that and provides the 

funding for the EDA Program, as we did in this last budget. In 

your position as the Administrator, what would you do? 

Dr. FLEMING. My position is to salute, carry out and execute on 

everything that is provided to me as goals and commitments. Senator, I had a say in the funding of these departments. I no longer 

have a say. That is really up to you and the President. 

Whatever you scope EDA is the level I will act on. I will spend 

the dollars for the American people in the most efficient way with 

stewardship. I will make sure these programs are as effective as 

they can possibly be. 

Senator CARDIN. The second part is as every Administration tries 

to reorganize, we get a little bit nervous about that because sometimes reorganization means elimination. Will you commit to this 

committee that you will fight for having at least the same effective 

tools to assist underserved communities, such as rural America and 

our urban centers, that the EDA currently provides, that you will 

fight to maintain that Federal ability? 

Dr. FLEMING. Senator, I really enjoyed our visit the other day. 

As I mentioned to you, I come from a rural area. My congressional 

district is very rural. We have areas that are very underserved 

when it comes to broadband and other things. 

Absolutely, I am committed to that. EDA has a fantastic history. 

As I mentioned before, two to one dollars go to rural areas and 

commitments in that way. I will continue and strengthen that commitment. 

Senator CARDIN. Thank you. 

Ms. Neumayr, all you have to do is say you will do everything 

for the Chesapeake Bay and you and I are going to get along fine. 

Ms. NEUMAYR. I know the Chesapeake Bay is very important, 

Senator. I know that we have many Federal agencies engaged. I 

look forward to supporting them as they work on restoration protection efforts pursuant to the agreement and all of the related documents that have been issued and are being implemented now. 

Senator CARDIN. Fortunately, we get two bites at every one 

round. With Senator Van Hollen here we get two bites today. 

Thank you very much, Mr. Chairman. 

Senator BARRASSO. Thank you, Senator Cardin. 

Senator FISCHER. Senator FISCHER. Thank you, Mr. Chairman. 

Thank you, Ms. Neumayr for your testimony. 

I appreciate you meeting with me to discuss your priorities to 

serve on the Council of Environmental Policy. In our meeting, we 

66 

discussed that my constituents want certainty and consistency for 

the entire Federal permitting process. 

As I am sure you have heard many times throughout your career, inconsistency and uncertainty lead to frustrations, project 

delays and increased costs that come at the expense of hardworking families and taxpayers. 

For example, a street widening project in Omaha that would alleviate congestion in a high density area began in 2008. It was estimated to initially cost $14.5 million. Due to these burdensome Federal regulations and permitting process, this project is now going 

to cost Omaha taxpayers $146 million. 

Ms. Neumayr, taxpayer money is evaporating under the current 

permitting process. I commend the President for the actions he has 

taken to streamline the process, specifically, this Administration’s 

commitment to complete all environmental reviews and Federal authorizations for important infrastructure projects in 2 years. 

Should you be confirmed, what role will the CEQ play to advise 

the President in collaboration with Federal agencies on promoting 

policies that ensure stakeholders have a clear road map before the 

Federal review process while still protecting our environment? 

Ms. NEUMAYR. Thank you, and thank you for the opportunity to 

meet with you last week. 

CEQ’s core responsibility really is with respect to overseeing the 

implementation of NEPA across Federal agencies. We have been 

working very closely with agencies already to implement the One 

Federal Decision policy which sets forth the goal of an average of 

2 years for completion of an environmental review, starting with 

the Notice of Intent and completing with the issuance of the Record 

of Decision. 

CEQ has worked with Federal agencies to develop a memorandum of understanding involving all the key agencies, setting 

forth what roles and responsibilities they will play as they approach some of these large infrastructure projects. 

In particular, it outlines a process whereby the lead agency will 

develop a single schedule, a joint schedule. The agencies will develop a single environmental impact statement and a single rod. 

They will do so in a very coordinated way so that we can ensure 

there is good communication, good planning early in the process, 

and that issues are resolved in a timely way, so deadlines are not 

missed, so we can achieve the important goals of protecting the environment; but also having an efficient process so stakeholders can 

act and finance these projects and receive decisions in a very timely manner which is important from the standpoint of costs and environmental protection. Because many of these projects are important for protection of the environment. 

Senator FISCHER. Exactly. I appreciate that you are thinking 

ahead to that because it is extremely important that our States 

and local stakeholders have a clear set of guidelines and a clear understanding of what is expected in this permitting process, if we 

are going to see it be streamlined so that we can save taxpayer 

money. 

An important provision to streamline that infrastructure permitting process is the State assumption of NEPA authority for projects 

67 

under the Federal Highway Administration, known as NEPA assignment. 

Congress has endorsed this policy twice, first under SAFETEALU and later under MAP–21. NEPA assignment will speed up 

project permitting while maintaining our environmental standards??????? 

I was pleased to see earlier this week that the Federal Highway 

Administration has issued that proposed Memorandum of Understanding with the Nebraska Department of Transportation. I think 

that is extremely important. 

Do you agree the Federal Highway Administration’s NEPA assignment authority has improved the permitting process in States 

that have implemented it? 

Ms. NEUMAYR. Yes. This is an area in which I believe CEQ has 

been involved for a period of time. Yes, we believe it is important 

and something that can help to facilitate timely completion of the 

process. 

Senator FISCHER. Do you think it is important to have those 

MOUs be expanded in order to have States have more control and 

input over projects within their borders? 

Ms. NEUMAYR. Yes, I very much agree that those are valuable 

with respect to these matters. 

Senator FISCHER. Thank you very much. 

Thank you, Mr. Chairman. 

Senator BARRASSO. Thank you, Senator Fischer. 

Senator WHITEHOUSE. Senator WHITEHOUSE. Thank you, Mr. Chairman. 

Welcome, Ms. Neumayr. I am glad you are here. I have a couple 

of fairly quick questions. 

First, do you understand and appreciate the consequences of climate change and carbon pollution on our oceans and coasts, including warming, deoxygenation, sea level rise and ocean acidification? 

Ms. NEUMAYR. Yes, I understand these are important issues, particularly to coastal communities. 

Senator WHITEHOUSE. Your Ocean Policy Executive Order ‘‘recognizes and supports Federal participation in regional ocean partnerships.’’ We have a very robust regional ocean partnership in New 

England. Do you pledge to support its continued efforts and provide 

Federal support for it? 

Ms. NEUMAYR. Yes, we do. 

Senator WHITEHOUSE. You also have recognized, in that Executive Order, the importance of ocean data and monitoring, a priority 

for the bipartisan Senate Oceans Caucus. Will you work with Senator Murkowski and me on bipartisan legislation being drafted 

right now within the Oceans Caucus to help make sure we provide 

a strong ocean data monitoring piece of legislation? 

Ms. NEUMAYR. I am not familiar with that legislation. 

Senator WHITEHOUSE. I am asking you if you will work with us? 

Ms. NEUMAYR. Yes, we will work with you. One of the priorities 

of the Executive Order is to expand access to Federal data. 

Senator WHITEHOUSE. Finally, we have, with Senator Sullivan 

leading on the Republican side, with important support from Senator Inhofe from a State that does not have a coast, passed a very 

important marine plastic waste legislation. 

68 

I would like to propose to you that there are big wins to be had 

in this area and that it is very bipartisan. The bill passed the Senate by unanimous consent. I believe it just cleared the House committee in a voice vote. 

There are significant opportunities. CEQ has the chance to engage with the trade and outward-looking elements of the Administration because a lot of the plastic waste originates in foreign countries from terrible waste disposal practices. 

I would ask your interest in helping us work with the Administration on those issues abroad. 

Ms. NEUMAYR. Yes. I think this is an important issue. I think 

this is an issue we would like to work closely with you on going 

forward. 

Senator WHITEHOUSE. For the record, Mr. Chairman, I would 

like to ask unanimous consent to put into the record of these proceedings the American Chemistry Council announcement of its retaining of Cal Dooley, who we worked very well with particularly 

on the TSCA bill, which over and over and over and over and over 

states the importance to the American Chemistry Council of dealing with the plastic waste and plastic debris problem and pledges 

Cal’s support. He calls it ‘‘an imperative and an issue of personal 

as well as professional interest.’’ I think there is a real opportunity 

for us to do more in this space. 

Senator BARRASSO. Without objection. 

[The referenced information follows:] 

69 


31547.001

7f19f2018 Dooley to Remain at ACC Through the End of 2019 

American Chemistry Council 

Dooley to Remain at ACC Through the End 

of 2019 

Contact Us 

Anne Kolton 

{2021249-6500 

WASHINGTON [June 11,20181- The American Chemistry Council {ACCI today announced that 

Cat Dooley has agreed to delay his retirement and extend his tenure as President and CEO 

through 2019. In April, Dooley announced his intention to retire at the end of 2018. The decision 

to delay retirement comes after ACC"s Annual Meeting which took place June 4th through June 

6th in Colorado Springs, CO, where the board of directors agreed that the chemicals and 

plastics industry must take a global leadership role to reduce and ultimately eliminate plastic 

waste. 

--

.. Cal"s leadership at ACC has been essential to the industry·s success in recent years. As ACC 

members embark on an effort to reduce and eliminate plastic waste in the years to c~ 

ACC officers felt strongly that Cal's experience and leadership were essential to atigningthe 

global industry around a coordinated strategy;· said Bob Patel, ACC Chairman and Chief 

Executive Officer of Lyondel!Basell. .. With a tittle arm twisting and agreement from his gracious 

wife Linda, we were able to convince Cat to stay on to lead the development of this critical 

effort:· 

.. The global chemicals and pt~tics iodustry has an imperative to fight the spread of 

mismanaged plastic waste. that is increasingly tittering our rivers, oceans and landscapes. While 

plastic products provide countless health, safety, lifestyle and sustainability benefits, those 

benefits cannot be fully realized unless we take swift and aggressive actions to make the most 

of all resources and leverage technology to dramatically increase rates of reuse, recycling and 

recovery of all plastic products:· said Dooley ... Ending plastic waste is an issue of personal, as 

well as professional interest, and I am excited to help lay the foundation for a sustained, global 

industry effort to address it:· 

Korn Ferry International was retained to conduct the search for Dooley's replacement when his 

retirement was announced in April 2018. With Dooley's announcement today, Korn Ferry's 

efforts have been suspended, but they will resume their search in mid-2019. 

https:/twww.americanchemlstry.comtMedia/PressReleasesTranscrlpts/ACC-neiNS-re!eases/Oootey~!o-Rema!n·at-ACC·Througtl-!he-End-of·2019.html 
70 

Senator WHITEHOUSE. Dr. Fleming, in Rhode Island, we have a 

very good working relationship with the regional EDA office based 

in Philadelphia. I would appreciate it if that not be disrupted in 

any particular way. We are happy with the way the organization 

operates and the attention we get, even though we are getting it 

from Philadelphia. 

Do you have any plans to disrupt them? 

Dr. FLEMING. Senator, I have absolutely no plans to disrupt that 

or any other district office. 

Senator WHITEHOUSE. A lot of our work with EDA has revolved 

around either disaster recovery, particularly along the coast and 

along flooded riversides and involves some of the projections, concerns and things we are already seeing having to do with climate 

change, sea level rise, ocean acidification, and all of that. 

When Rhode Island comes before you and bases requests for 

EDA funding on science that is out there projecting sea level rise, 

heightened storm surges, ocean acidification, species shifts and 

other ocean consequences of climate change, how will your past 

record on these issues influence your willingness to accept our requests? 

Dr. FLEMING. Senator, as we mentioned in our meeting, and 

thank you so much for having me for that meeting, probably no 

State has been more devastated and affected by the coastline issues 

of hurricanes and so forth than Louisiana, my home State. 

In fact, Louisiana is losing I believe, I am not absolutely certain 

about this, but something in the area of an acre a day of coastline. 

Senator WHITEHOUSE. Yes. Your Governor has declared your 

whole coastline in a State of emergency, I believe. 

Dr. FLEMING. Exactly. As we are being affected the most and as 

someone who does come from a science background, not from climate science, of course, but from medicine, it is my feeling to always follow the science and listen to what the scientists tell us. 

Senator WHITEHOUSE. We need not fear that the science supporting some of our applications will be deprecated by you in the 

review process? 

Dr. FLEMING. Absolutely, Senator. You should not fear that at 

all. We are going to go where the scientists lead us with the best 

of technology and research. We will go that route. 

Senator WHITEHOUSE. Thank you. 

Thank you, Mr. Chairman. 

Senator BARRASSO. Thank you, Senator Whitehouse. 

Senator CAPITO. 

Senator CAPITO. Thank you, Mr. Chairman. 

Thank both of you for being before us and for your willingness 

to serve. It is nice to see you again, Dr. Fleming, after having the 

joy of serving with you on the House side. I have deep respect for 

you. Thank you for your visit. 

I am going to kind of go down the same path as we went through 

in my office. The EDA has been increasing its presence in West 

Virginia. We have our own State director now at my insistence 

when I entered the Senate when I felt West Virginia was falling 

a bit behind. 

I have a list here of the projects EDA has worked with, 2,100 

jobs over the last 3 years but also some of the dollars are specific 

71 

to what is called the power grants which are directed at not just 

communities that have fallen on hard times but by virtue of the extremely devastating downturn of the coal industry over the last 

several years. 

What is your feeling on the power grants? I would hope these 

would still be a set aside for the economic devastation we still see, 

to get people retrained and back on their feet. I would like a commitment that the power grants, at least with an emphasis on those 

distressed areas in Appalachia, would still be a focus of EDA under 

your stewardship. 

Dr. FLEMING. Senator, it was great becoming reacquainted with 

you once again, from the House days. 

Yes, you have my total commitment on that. Again, West Virginia, like Louisiana, has got to diversify its economy away from 

the traditional lines of economic support. I am happy to support 

that and other programs that may assist. 

Senator CAPITO. One of the areas in which I think you and I 

have common ground is the lack of deployment of rural broadband 

where EDA can really be a real jump start in this area working 

with the private sector and some of the State municipalities. 

Again, upon your confirmation, I would like to invite you and 

have one of your first visits be to our State of West Virginia to see 

some of the innovative things we are doing and how EDA can help 

us move forward in that direction. 

Dr. FLEMING. I would love to visit your beautiful State. I think 

you are absolutely on point with that. Even in rural areas across 

America, when you have fiber broadband, you can set up a factory 

or any type of company and do worldwide interactions economically. 

That is something that brings a lot to the table and I think will 

help renew economies across America and rural areas but it is fundamental to have broadband in order to do that. 

Senator CAPITO. It absolutely is. 

In a repetitive fashion, I expressed my concerns to you with the 

President’s budget. I expressed to you concerns of your past votes 

in the House. Is there anything besides a firm commitment that 

you are now going to go in the direction of the Congress where the 

Congress sets the funding level? 

There is passion behind everything. If you are not really passionate about something, I would imagine an Administrator could 

find ways to be less helpful. If you could give me an affirmative 

statement here, maybe flesh it out a bit more, I would feel better. 

Dr. FLEMING. Thank you for the opportunity to do this, Senator. 

Again, I come from a private sector background. I am a strong 

believer in the private sector driving the economy. Where else, 

what other agency in the Federal Government leverages and attracts capital from the private sector more than the Economic Development Administration? 

Again, as I mentioned earlier, we are talking about a 15 to 1 

ratio of return on investment of Federal dollars against non-Federal dollars. To me, that is totally consistent with my core beliefs 

now and in the past. I am committed to making that even more 

successful in the future. 

Senator CAPITO. I appreciate that. Thank you. 

72 

Ms. Neumayr, I think you are a fantastic candidate for this. The 

one thing I would say was the Congressman from Michigan that introduced you, I don’t know about that guy. I am, of course, joking 

about my friend, Fred Upton. 

Let me ask you a question, a basic question. I am putting myself 

in the Chesapeake Bay Caucus as well, because West Virginia is 

very influenced by that as well since we have the head waters of 

the Chesapeake Bay in our State. 

Over the years of my service, it seems that environmental regulations or balancing the environment and the economy, depending 

on the philosophy of the President or maybe the director, things 

kind of go up and the answer received is, well, it is being considered by CEQ. 

In some cases, it seems like a wasteland of shelving certain 

projects or maybe expediting other projects. How can you help me 

with the affirmative yes-no equation, which I think helps for investment, helps for States and local entities to be able to plan, 

rather than just using CEQ in some ways as a holding pattern? 

That is just the way it struck me in the past. 

Ms. NEUMAYR. CEQ does have a convening role where there are 

issues, particularly involving multiple agencies. CEQ frequently 

plays that role. I think it is an important role. However, it is important also that we do reach decisions, make determinations and 

move forward. I think that is a priority for this Administration 

with respect to matters involving the implementation of NEPA and 

other statutes as well. 

Senator CAPITO. Thank you. I would just say, yes and no, people 

can accept yes or no. It is this maybe la la land that I think really 

harms the ability to move projects or ditch them if they are not 

going to work. 

Ms. NEUMAYR. It is important to reach a decision. 

Senator CAPITO. Thank you. 

Senator BARRASSO. Thank you, Senator Capito. 

Senator BOOKER. 

Senator BOOKER. Thank you very much, Mr. Chairman. 

As I have delved into the data, I have been really surprised since 

being a United States Senator over the last four-plus years, the 

compelling data that shows that low income communities in America, particularly indigenous communities where Native Americans 

are and communities of color, are much more likely to live in seriously challenging environmental conditions and hazards. 

I learned this first as a mayor where I was sort of shocked to discover how toxic the soil is in the city of Newark from years of industrial use. Our Passaic River was stolen by past generations who 

poured industrial wastes into the river, which is now a Superfund 

site. 

I found it was not just Newark. You can go around the Country 

and see there are a thousand jurisdictions where the children have 

higher blood lead levels than Flint, Michigan. I have traveled 

through the South and seen industrial waste from pig farming in 

Duplin County to the highlands of Alabama where I was stunned 

to see the kind of toxic dumping that has gone on, people who have 

been on this land since slavery and it is now stolen from them. 

73 

I have seen a place literally called Cancer Alley in Louisiana between Baton Rouge and New Orleans, again, a low income community, where the particulate matter is so much higher. I sat in a 

painful church gathering where community member after community member came up and told me how many people had died in 

their families due to cancer because of all the chemical companies 

aligned there. 

What you are up for confirmation for, in many ways, has got to 

be to protect the most vulnerable communities where cancer rates, 

respiratory diseases, lead poisoning is really targeting communities 

that are often the most vulnerable. 

CEQ plays a pivotal role in this and having someone with compassion, empathy and an understanding of the urgency is key. Recognizing the importance of the procedures under NEPA for identifying and addressing environmental justice concerns, President 

Clinton’s CEQ issued Guidance 97 entitled The Environmental Justice Guidance Under the Environmental Policy Act, which it seems 

you are aware of. 

To me, it is so critical, so unfair. You know this. You don’t even 

need to have lead poisoning; if you have elevated blood lead levels, 

it addles the brain and undermines the executive function. It could 

lead to more criminal activity in so many of these communities. 

This is just some of the heavy metals that are present. 

I guess what I am looking for today is some solace and a commitment that you are going to keep this environmental justice, not just 

guidance, but really urgency, to see what I have seen around this 

Country just by dealing with this issue. 

Will you commit to take no action that really undermines implementation of such guidance? 

Ms. NEUMAYR. Yes, Senator. CEQ did issue guidance in 1997 

pursuant to the Executive Order. CEQ continues to participate in 

an interagency working group that is lead by EPA that addresses 

implementation of the 1994 Executive Order. 

I do believe all people, including those in low income and minority communities, should live in a safe and healthy environment. My 

commitment would be to make addressing environmental concerns 

in those communities a priority. 

Senator BOOKER. I am really grateful. I am hoping that my office 

and yours can work together because the things I have seen, now 

traveling around the Country, have just been simply stunning to 

me and the sense that there is no one fighting for them, no one 

looking out for them as their families suffer not only economic 

losses, again, common stolen from them, but also struggle with the 

health impact it is having on folks and the disadvantages they 

have for children and elderly in particular. 

The second thing I want to cover with you as quickly as I can 

in the minute I have left is the Gateway Project in my region. I 

am a mayor who seared away economic, seared away in many ways 

partisanship for me. For me it has always been fix stuff, get stuff 

done, get out of the way of the private sector that the gentleman 

was talking about. I was all for how do you create economic 

growth. But just a balance sheet analysis, a dollar invested in infrastructure in the United States produces about two dollars. 

74 

In the greater New York metropolitan region, I am sorry, Senator, but I like to call it the greater Newark Metropolitan region, 

a dollar invested in infrastructure in our region produces three to 

four dollars in private sector economic development. 

I had such struggles when I was Mayor in my development efforts with our State environmental agencies, bureaucracy, and red 

tape. I was really pleased that we got a commitment from the Department of Transportation and others that they would complete 

the environmental impact statement rapidly. One of the key things 

stopping us from getting this done is a report from government bureaucracy. 

For me, searing away partisanship, I was thrilled to hear that 

the Trump Administration wanted to cut red tape, wanted to get 

projects done, but I have been sort of frustrated that we are not 

getting responsiveness from the Administration to some of the 

things necessary to create that economic development growth in 

the Newark metropolitan region and that small city of New York 

that sits in our shadow. 

The program submitted the EIS report in February 2018 in what 

was poised to be a remarkable example of NEPA working at its 

best, including stakeholders’ perspectives and ensuring project 

moves, to me seemed to be, and I do not mean to be cynical, a political maneuver now. That EIS has still not finalized this report, 

blowing well past the 24 month goal which is costing taxpayers 

millions and millions of dollars because of this bureaucratic sclerotic moment and threatening safety. 

You said one of your key tasks at CEQ will be to ensure ‘‘more 

timely and efficient environmental reviews for major infrastructure 

projects.’’ In your opinion, help me out here. Dispel my cynicism. 

Is the treatment of the Hudson River Tunnel EIS consistent with 

the Administration’s goal of reducing review times? Will you keep 

my staff abreast of driving this forward so we can show people the 

Administration’s rhetoric lines up with their actions? 

Ms. NEUMAYR. I, myself, have not been personally engaged on 

that matter but I can commit that I will work with you and your 

staff. As we have said, it is very important that we complete these 

reviews in a timely manner. 

Senator BOOKER. Thank you very much. 

I apologize to the Chairman and my colleagues for going over my 

time. Thank you. 

Senator BARRASSO. Thank you, Senator Booker. 

Senator Van Hollen. 

Senator Van Hollen. Thank you, Mr. Chairman. 

Welcome to both of you. 

First, I do want to associate myself with Senator Booker’s remarks regarding the disproportionate impact and fallout of pollution and negative health events on low income communities. I look 

forward to working with him. 

Senator Cardin raised the issue of the Chesapeake Bay, Ms. 

Neumayr. One of the big issues in the Bay, of course, is climate 

change. We have rising sea levels and a number of islands in the 

Bay are projected to disappear in the coming years. 

75 

If you talk to the superintendent of the Naval Academy in Annapolis, he already talks about the negative impact of flash flooding on their operations there in Annapolis. 

The first question is a very straight forward question which is, 

do you believe in the scientific consensus that climate change is 

real and that its primary driver is human-based generation of carbon emissions? 

Ms. NEUMAYR. I agree that the climate is changing and that 

human activity has a role. 

Senator Van Hollen. One of the things the courts have found is 

that as part of NEPA reviews, we should consider the impact of 

carbon emissions and climate change. The Center for Biological Diversity v. The National Highway Traffic Safety Administration 

court case in 2008 determined ‘‘The impact of greenhouse gas emissions on climate change is precisely the kind of cumulative impacts 

analysis that NEPA requires agencies to conduct.’’ 

My question is this. Last spring, President Trump revoked CEQ’s 

guidance to agencies on how to incorporate climate change into 

Federal environmental reviews. Yet, you have court decisions saying this is going to be an important element they are going to look 

at. 

My question to you is how has the withdrawal of that guidance 

impacted NEPA reviews, given the uncertainty now in the courts? 

Ms. NEUMAYR. As you said, last spring, the President issued an 

Executive Order which directed CEQ to withdraw the climate guidance that had been issued in August 2016. CEQ did withdraw that 

guidance for further consideration and we have not made any decisions with regard to further action. 

However, as I mentioned earlier, CEQ has issued an Advance 

Notice of Proposed Rulemaking inviting comment on whether there 

are potential updates or clarifications to our regulations. I expect 

we will receive comment on issues related to greenhouse gases, climate change and their consideration in the NEPA analysis. 

Senator Van Hollen. I guess my question is this. Do you agree 

if that is not considered as part of the NEPA review process and 

guidance pursuant to the President’s decision to eliminate that, 

that will make any NEPA analysis more vulnerable to attacks in 

the court? 

Ms. NEUMAYR. Under NEPA, agencies are required to review the 

potential environmental consequences of major Federal actions that 

may significantly affect the quality of the environment. 

In that process, agencies have discretion as to the effects they 

will consider and the degree or how they consider those effects. 

That is the general direction under NEPA. Under the NEPA framework, agencies have discretion with respect to different projects. 

Senator Van Hollen. I am just trying to interpret what you are 

saying more clearly. Are you saying agencies will still have the capacity to take into account the impact of climate change when their 

do their own NEPA analysis? 

Ms. NEUMAYR. Agencies should use their experience and expertise as they conduct these analyses and identify the effects. 

Senator Van Hollen. Dr. Fleming, it is good to see you. It was 

good to serve with you in the House. 

76 

When we met, I told you EDA plays a really important economic 

development role in the State of Maryland. I told you I was going 

to ask you this question. Not only did the Trump Administration 

zero this out, but I also serve on the Appropriations Committee and 

we asked Secretary Ross about the budget which proposes to eliminate EDA. His response has been it is a good organization but this 

is the budget I have been handed. 

You, as a House member, voted at least twice for budgets that 

would eliminate funding for the EDA. My question is, how can you 

be a strong leader for an administration that you voted to eliminate? 

Dr. FLEMING. Thank you for that question, Senator. Again, it was 

a pleasure seeing you once again and meeting with you after our 

days in the House together. 

As I mentioned earlier, I was elected in 2008 to be a good steward of our budget, to try to reduce Federal spending. I did what I 

could in order to do that. 

Going forward, I have developed a great appreciation for the 

work EDA does. In fact, more than any agency, it is consistent 

with, I guess, my values, that what agency in the Federal Government attracts private and non-Federal dollars anymore than EDA 

for the creation of jobs, goods and services? 

The downsizing of the budget is not the end of the story here because a later document released by the White House actually 

stands up the Bureau of Economic Growth which takes in all the 

functions of EDA and other economic development functions from 

HUD as well as Agriculture and others. 

I think what the document suggests is a streamlining and efficiency that is so important and necessary in government, which I 

support as someone who wants to keep a careful eye on our budget. 

I commit this to you. At the end of the day, it is up to you, as 

a Senator, the Senate and the House, working with the White 

House, to right size government, particularly EDA. I will faithfully 

execute whatever level of funding and authorities you provide. 

Senator Van Hollen. I appreciate that. I think you made a very 

good case in your testimony today for the benefit to taxpayers of 

investment in EDA. The issue, as I said, is having voted to eliminate it, how can you be a strong leader but I look forward to continuing our conversation. 

Dr. FLEMING. Thank you. 

Senator BARRASSO. Thank you, Senator Van Hollen. 

I would like to invite Senator Markey to engage in questioning 

at this time. 

Senator MARKEY. Thank you, Mr. Chairman, very much. 

Ms. Neumayr, President Trump has conducted a full blown assault on facts throughout his Administration but he has been most 

erratic when it comes to questions of science and environmental 

protection. 

Since the Council on Environmental Quality coordinates the National Environmental Policy Act, the environmental review process, 

I would like to get some clarification from you on some basic statistics. 

Across all agencies, what is the average length of time it takes 

to complete an environmental impact statement? 

77 

Ms. NEUMAYR. Senator, we have been analyzing environmental 

impact statements going back to 2010. The average time across all 

agencies is approximately four and a half years from the time of 

notice of intent to preparing an environmental impact statement to 

the issuance of a record of decision. 

This does not include the time that may have been taken to prepare the application. 

Senator MARKEY. It is approximately 4.6 years. That is the average, so you are correct. 

In a press conference last year, President Trump said he has 

heard ‘‘many, many stories where it takes 20 to 25 years just to 

get approvals to start construction of a fairly routine highway.’’ 

This is Donald Trump still speaking, ‘‘and that one agency alone 

can stall a project for many, many years, even decades.’’ 

Is that example, a 20 to 25 year-long review, reflective of the average time it takes to finish an environmental impact statement? 

Ms. NEUMAYR. Well, as I said, the average time is four and a half 

years, but, within that, it can span a decade or more. There are 

some that have exceeded 20 years, I believe. 

Senator MARKEY. Right, but the average is 4.6 years? 

Ms. NEUMAYR. For transportation projects, it may be higher than 

that. 

Senator MARKEY. I think at the end of the day, the 4.6 years is 

the average. We know it is a little bit over or a little bit under, but 

it is not 20 to 25 years. The President just uses that as a way of 

stigmatizing the efforts to have real environmental reviews working within a historical framework. 

From my perspective, I just think our policy should be based 

upon expertise and not upon exaggeration. I am afraid increasingly 

that is where the President is taking our debate. 

What percentage of projects at the Department of Energy required an environmental impact statement or environmental assessment since 2010? Do you know? 

Ms. NEUMAYR. I do not have that information. I could followup. 

Senator MARKEY. The answer is about 2 percent, 2 percent according to a review conducted by the CEQ staff of 2010 to 2016 

data, 2 percent. That seems to be the trend across Federal agencies. 

According to the Federal Highway Administration, around 90 

percent of their projects do not have to go through any review at 

all. Ninety percent of the transportation projects do not have to go 

through any review at all. 

Here is another fact. The National Environmental Policy Act is 

the Magna Carta of environmental policy. Despite NEPA’s importance and the long record that shows how important this law is, 

President Trump just continues to insist on telling exaggerated stories about NEPA. 

He might as well be describing an imaginary decades of delay on 

the construction of the Yellow Brick Road. There was no environmental impact statement for that and there is no environmental 

impact statement for 90 percent of the projects in our Country. 

I am deeply concerned that at the same time as President Trump 

is making these exaggerated statements that CEQ has begun the 

process of rewriting nearly every aspect of the National EnvironVerDate Aug 31 2005 14:55 Sep 27, 2018 Jkt 000000 PO 00000 Frm 00081 Fmt 6633 Sfmt 6633 S:\_EPW\DOCS\31547.TXT VERN
78 

mental Protection Act regulations for the first time in decades. We 

cannot live in a land of make believe while making new rules. We 

need a CEQ Chair who can see through the fiction to get to the 

facts. 

The National Environmental Policy Act provides the framework 

by which the public can speak out against projects that could harm 

public health and environment. Ms. Neumayr, will you commit to 

performing public outreach so that communities on the ground 

know how and when they can use NEPA to make themselves and 

their concerns heard by the government? 

Ms. NEUMAYR. Yes, we think public engagement is very important. I would say since I arrived at CEQ, one of the things we have 

done to improve public engagement and to ensure it is to move our 

system to the regulations.gov system so that as we solicit public 

comment on things like the Advance Notice that we issued, those 

public comments will be available and accessible to the public as 

well as all of CEQ’s prior actions as well, regulatory actions that 

have been published in the Federal Register. 

Senator MARKEY. You can do two things. One is to update the 

Citizens Guide to the National Environmental Policy Act which explains how everyone can use NEPA to have their voices heard and 

participate in environmental reviews which have not been touched 

in over a decade. 

Second is to meaningfully include the public in the CEQ’s current 

push to rewrite the implementing regulations for NEPA which 

could completely alter this landmark environmental law. 

Ms. Neumayr, would you commit to holding at least one public 

field hearing per EPA region on this rulemaking so that the public 

can be involved in the rewrite of this fundamental, constitutional 

Magna Carta environmental law? 

Ms. NEUMAYR. We have issued an Advance Notice of Proposed 

Rulemaking. It is not a regulatory proposal. We have not made the 

decision to move forward with a proposed rule but should we make 

that decision, I will commit that we will consider all of our options 

with respect to public engagement. 

Senator MARKEY. You will have a hearing in all of the regions 

of the EPA? 

Ms. NEUMAYR. We will consider all of our options. We think public engagement is very important. 

Senator MARKEY. It is a huge moment, honestly, as you consider 

the rewrite. I just urge you to have this process happen in the sunlight and not in the shadow of President Trump’s tall tales about 

NEPA. That is going to be your challenge. We will be putting more 

pressure on you as each day goes by to make sure the public hears 

what is going on. I wish you would make a firmer commitment in 

terms of public input. 

Senator BARRASSO. Thank you, Senator Markey. 

Before turning to Senator Carper, I want to submit for the record 

an article from the E&E News entitled, Even Some Greens Like 

Trump’s Pick for CEQ. The article explains that ‘‘Ms. Neumayr is 

known for preparation, possession of a sharp legal mind and establishing balance. This has earned her praise across the political 

spectrum.’’ 

79 

The article goes on to quote John Walke, Director of the Federal 

Clean Air, Climate and Energy Program at the Natural Resources 

Defense Council, the NRDC. He says, Ms. Neumayr, ‘‘is a good selection for the Administration to oversee CEQ.’’ Mr. Walke goes on 

to say, ‘‘I think she will do her job well.’’ 

I ask unanimous consent to enter this in the record. Without objection, it is submitted. 

[The referenced information follows:] 

80 


31547.002

Even some greens like Trump's pick for CEQ 

Zack Colman, E&E News reporter 

Published: Thursday, June 14, 2018 

If there's one place opponents don't want to see Mary Neumayr, it's the court- both the legal 

kind and the one with tennis balls. 

Neumayr, the White House's nominee to lead the Council on Environmental Quality, is known as 

a meticulous and thoughtful legal scholar with decades of experience at private firms, in the 

federal government and on Capitol Hill, said Karen Christian, a former colleague. She's also an 

"excellent tennis player." 

"I always joke that Mary probably plays tennis like she lawyers," said Christian, general counsel 

on the House Energy and Commerce Committee, who has heard about Neumayr's racket skills 

but hasn't played against her. "Devastatingly accurate and doesn't make errors. 

"Which is why she would probably beat me," Christian said with a laugh. 

All Neumayr has to do now is beat the Senate. 

It's a task the last CEQ nominee, Kathleen Hartnett White, couldn't accomplish in her bid to lead 

the environmental shop. Her nomination failed in February when it became clear she didn't have 

the votes (Greenwire, Feb. 3). 

In almost every way, Neumayr is a reversal of Hartnett White. The latter was a Washington, 

D.C., outsider who stumbled in her confirmation hearing, was dogged by a long history of 

controversial remarks and questioned basic climate science. Neumayr is known for preparation, 

possessing a sharp legal mind and establishing balance. That has earned her praise across the 

political spectrum. 

"She is a good selection for the administration to oversee CEQ and certainly a stark contrast with 

the conscious outlier and extreme figure that they initially selected," said John Walke, clean air 

director with the Natural Resources Defense Council. 

Those who have interacted with Neumayr said she's a courteous person and works well with a 

range of opinions. Some say it's because she comes from a big family- she's known to host 

annual holiday parties and tries to develop meaningful relationships with co-workers. She's a 

steadying presence in an often chaotic town. 

"She always made a point of coming down to the witness table after the hearing to thank me for 

my testimony, which doesn't always happen especially for those whose bosses don't always 

take the same position ofNRDC," Walke said. "I think she will do her job well. She is not a 

bomb thrower, and she is not someone who governs through sound bites and shrill press 

releases." 

Neumayr is already doing the job. She's the chief of staff for CEQ, a department without a chief. 

That has left her to coordinate environmental policy across departments and agencies on 

everything from the administration's infrastructure push to executing executive orders designed 

to speed fossil energy development. 

Neumayr's views on climate change aren't known, even to those who worked with her. As 

counsel, her job was to help mold the wishes and desires of administration officials and 
81 


31547.003

lawmakers into something legally palatable. She took what was coming at her and tried to fit the 

pieces together. 

That, too, will be her role in the Trump administration, should the Senate confirm her. As head 

of CEQ, she would be responsible for handling White House implementation of the National 

Environmental Policy Act, the law that sets the guideposts for environmental reviews and 

safeguards. Given the White House's emphasis on reducing regulations, speeding permitting and 

extracting more coal, natural gas and oil, her position holds sway over how vigorously the 

Trump administration upholds environmental standards. 

"I think she combines the best of being a true believer- a good, solid pro-business Republican 

with just being very, very knowledgeable about how the executive and legislative branches 

implement the laws and deal with the laws," said Jim Barnette, a partner at Steptoe & Johnson 

LLP who worked with Neumayr when he was Energy and Commerce Committee general 

counsel until2012. 

Barnette said she brings "a wealth of experience" to the position. Before joining CEQ, Neumayr 

worked in various positions on the Energy and Commerce Committee beginning in 2009. Prior 

to that, she was deputy general counsel for environment and nuclear programs at the Energy 

Department and counsel to the assistant attorney general in the Justice Department's 

Environment and Natural Resources Division under President George W. Bush. 

"She's one of the most conscientious, hardworking and thoughtful energy policy staffers in D.C. 

with deep experience in a wide range oflaw and policy," said Maryarn Brown, vice president of 

federal affairs with Sempra Energy. Brown and Neumayr worked together on the Energy and 

Commerce Committee before Brown moved onto then-House Speaker John Boehner's (R-Ohio) 

staff, where they kept in contact on energy and environment legislation. 

Neumayr's expertise is on the Clean Air Act. She played a key role advising House Republicans 

during their push to rein in Obarna administration power plant regulations on mercury and other 

air toxins and greenhouse gas emissions. 

"Her knowledge of the law is second-to-none. She knows her stuff," Rep. Fred Upton (R-Mich.), 

who led the committee at the time, said in a statement. "I have zero doubts that she will serve the 

Council on Environmental Quality with distinction." 

Colleagues said Neumayr is grounded in legislative history and congressional intent of the law, 

which has translated to more narrow readings of executive power for measures to reduce 

greenhouse gas emissions. Consequently, she played a key role in shaping H.R. 910 in 2011, the 

first legislative salvo aimed at President Obama's attempts to regulate greenhouse gas emissions 

through the Clean Air Act. The House bill called for barring EPA from using the Clean Air Act 

to regulate planet-warming gases. It passed the House but failed in the Senate. 

"Given her background and experience, she, more than most others, was able to bring to the table 

that wealth of experience in the Clean Air Act, how it gets implemented and what its appropriate 

parameters should be," Barnette said. 
82 

Senator BARRASSO. Senator Carper. 

Senator CARPER. Thank you, Mr. Chairman. 

Are your nieces still here? 

Senator BARRASSO. Yes, they are. 

Senator CARPER. Is one still here? 

Ms. NEUMAYR. They are both here. 

Senator CARPER. Ladies, how is it going? Good. Is she doing OK? 

All right, fair enough. 

I could only say I would never have brought my sons or my nephews to a hearing like this. It is rather extraordinary that they are 

still here and hanging in. We applaud them. 

Senator Markey raises an important issue for all of us. I hope 

you will take to heart what he said because he is not just speaking 

for himself. 

A couple of our colleagues, Senators Whitehouse and Van Hollen, 

talked a bit about resiliency with respect to climate change reality. 

I am glad to hear that you acknowledge that it is real and that, 

we, as human beings, have a fair amount to do with it. 

Making our communities more resilient to the new climate reality can save lives and can save billions of dollars. It can be a real 

win-win. President Obama agreed which is why he implemented 

policies that increased U.S. climate preparedness and resiliency. 

President Trump has revoked or weakened those efforts. I have 

called on the President to change course in that regard. 

Let me ask what is CEQ doing today to help our communities become more resilient? You have had a year or so, actually more than 

a year. What is CEQ doing today, what have you been doing in the 

last couple months or last year to help make our communities more 

resilient? 

Ms. NEUMAYR. We have been working with the Federal agencies, 

as I described earlier, to help develop and put in place an approach 

for important infrastructure projects that will help to provide a 

more efficient and coordinated process for the Federal Government 

in making decisions. 

These projects include not just transportation projects, modernization projects, energy projects or other projects, but also include environmental restoration projects and environmentally beneficial projects. 

We have been working to put in place a more efficient and coordinated approach for the Federal agencies going forward so that 

we will be able to move forward with new, modern and resilient infrastructure and that we will be able to reach permitting decisions 

in a timely fashion. 

We think the development of strong and resilient infrastructure 

is very important and is a priority. 

Senator CARPER. Thank you. 

Mr. Chairman, I have one more question. Before I do, I want to 

ask unanimous consent to clarify for the record. This is in response 

to your answer to Senator Markey about transportation review 

times. 

I want to ask unanimous consent to clarify for the record information from the Federal Highway website of estimated time required to complete the NEPA process. It indicates the median time 

to complete a highway environmental impact statement is 3.6 

83 

years, which is actually lower than the Federal agency-wide average. I would ask unanimous consent to submit that. 

Senator BARRASSO. Without objection. 

Senator CARPER. I just showed the Chairman a quote that I 

could not remember who said it but I thought it was a quote that 

was relevant for our hearing today. The quote is from a former 

leader at Notre Dame, a fellow named James Frick. He said, ‘‘Don’t 

tell me where your priorities are; show me where you spend your 

money and I’ll tell you what your priorities are.’’ I think that is 

pretty good. 

We have come back again and again and again to funding for 

EDA. I asked my staff during this hearing, Dr. Fleming, to go back 

and look at this current Administration’s budget proposals for some 

of these regional commissions focused on economic growth and development. 

There is one called Denali for Alaska, one called Delta you are 

familiar with, there is another for our northern borders, and CDBG 

as well and EDA. Those are five of the entities that would be under 

the Administration’s reorganization plan that would help create 

what I think is called the Bureau of Economic Growth. 

Dr. FLEMING. Yes. 

Senator CARPER. Here is an interesting thing. While the Administration has proposed to combine these five entities into this new 

Bureau of Economic Growth, for Denali last year or this year, zero 

funding; for Delta, zero funding both years; for northern borders, 

zero funding for both years; for CDBG, zero funding for both years; 

for EDA, zero funding for both years. That is why we are so concerned. 

It is all well and good to move the deck chairs around but at the 

end of the day, if we don’t have any money, we cannot do much 

with it. That is why we are concerned. 

Dr. FLEMING. Yes, sir. 

Senator CARPER. It is important that, if you believe in your 

heart, as you testified here today, that you not just hide your candle under a bushel but that you are vocal and strong in supporting 

this. 

The last thing I would say to the spouses who have joined your 

wife here today, it is nice to see all of you. Debbie, thank you for 

sharing your husband with us most days. Give him my best. 

I would say to your wife, I could just barely see her lips move 

when you spoke. We are just about done. 

Thanks, Mr. Chairman. 

Senator BARRASSO. Thank you very much, Senator Carper. 

If there are no more questions for today, members may submit 

followup questions for the record by noon on Monday, July 23. The 

nominees should respond to those questions by 5 p.m. on Friday, 

July 27. 

I want to thank both nominees and congratulate you on your 

nominations by President Trump. 

This hearing is adjourned. 

[Whereupon, at 11:44 a.m., the committee was adjourned.] 

[Additional material submitted for the record follows.] 

84 


31547.004

Industrial Energy Consumers of America 

The Voice of the Industrial Energy Consumers 

1776 K Street. NW, Suite 720 o Washington, D.C. 20006 

Telephone (202) 223-1420 o www.ieca-us.org 

June 13, 2018 

The Honorable Donald Trump 

President of the United States 

The White House 

1600 Pennsylvania Avenue, NW 

Washington, DC 20500 

Re: Nomination of Mary Neumayr as Chairwoman of the Council on Environmental 

Quality {CEQ) 

Dear Mr. President: 

On behalf of the Industrial Energy Consumers of America (IECA), we are highly 

supportive of the nomination of Ms. Mary Neumayr for Chairwoman of the Council on 

Environmental Quality (CEQ). 

Ms. Neumayr has the experience and credibility which is needed to lead the CEQ and 

she will serve the public interest well. 

Sincerely, 

Paul N. Cicio 

President 

The Industrial Energy Consumers of America is a nonpartisan association of leading manufacturing 

companies with $1.0 trillion in annual sales, over 3,400 facilities nationwide, and with more than 1.7 

million employees worldwide. It is an organization created to promote the interests of manufacturing 

companies through advocacy and collaboration far which the availability, use and cost of energy, power or 

feedstock play a significant role in their ability to compete in domestic and world markets. IECA 

membership represents a diverse set of industries including: chemicals, plastics, steel, iron ore, aluminum, 

paper, food processing, fertilizer, insulation, gloss, industrial gases, pharmaceutical, building products, 

automotive, brewing, independent oil refining, and cement. 
85 


31547.005

GREG WALDEN, OREGON 

CHAIRMAN 

FRANK PALLONE, JR., NEW JERSEY 

RANKING MEMBER 

ONE HUNDRED FIFTEENTH CONGRESS 

<teongrcss of tbc mtnttcb ~tatcs 

l'ousr of l\rprrsrntatibrs 

COMMITTEE ON ENERGY AND COMMERCE 

2125 RAYBURN Houst OFFICE BuiLDING 

WASHINGTON, DC 20515-6115 

The Honorable John Barrasso 

Chainnan 

MdJI.-•111.\' \207) ;;;•, ?tl./ I 

M,n(lfi!V 171.1:'1 ~~:..'b· Jti-~ ~ 

July 06, 2018 

Committee on Environment and Public Works 

United States Senate 

Washington, DC 20510 

The Honorable Thomas R. Carper 

Ranking Member 

Committee on Environment and Public Works 

United States Senate 

Washington, DC 20510 

Dear Chairman Barrasso and Ranking Member Carper: 

We write to express support for the nomination of Mary B. Neumayr to chair the 

Council on Environmental Quality (CEQ). Ms. Neumayr is well-qualified to serve in this 

role. She not only has demonstrated her abilities as the chief of staff and effectively the 

highest-ranking official at CEQ over the past year and one half, she has proven her 

qualifications and dedication in public service in several posts, including in Congress. 

We ask that you consider our direct knowledge of Ms. Neumayr's capabilities. Prior 

to her service at CEQ, she served for eight years as senior counsel and then deputy chief 

counsel for energy and environment on the Energy and Commerce Committee. During this 

time, we benefited from her knowledge, judgment, and good counsel on numerous legislative 

and policy issues. She served the Committee and its Members on both sides of the aisle 

commendably, bringing her policy knowledge and legal experience drawn from careful study 

and from her previous senior posts at the Department of Energy and at the Department of 

Justice. 
86 


31547.006

Mary Neurnayr represents the best of public service. The President and the country 

will be well-served by her appointment. We look forward to confirmation of her nomination 

in the United States Senate. 

Sincerely, 

~LV~ Chairman Chairman 

Subcommittee 

.~ on Energy 
87 


31547.007

<!rongrcss 11f tire l!lnitcil iHatcs 

mm-ilJinghm, DC£ 211515 

June 29.2018 

Chainnan John Barrasso and Ranking Member Thomas R. Carper 

Senate Committee on Environment and Public Works 

410 Dirksen Senate Office Building 

Washington, D.C. 20510 

Dear Chairman Barrasso and Ranking Member Carper: 

It is our privilege to recommend Dr. John Fleming as the Assistant Secretary of 

Commerce for Economic Development. We have thoroughly enjoyed our time working 

alongside Dr. Fleming and came to know him as a tntly valuable asset to our region. He is 

honest, dependable. and hard-working. 

Dr. Fleming has been instrumental in the development and execution of projects which 

have taken root in Northwest Louisiana and spread across the United States. Recognizing our 

regional economy needed to be diversified. Dr. Fleming set a path towards pivoting our economy 

and associated workforce to a technology driven, knowledge-based economy. He coordinated a 

cooperative etTort across government, industry and educational institutions, resulting in: 

• The creation of a public-private partnership that developed the National Cyber Research 

Park anchored by the Cyber Innovation Center, which is home to high-tech professionals 

employed by cyber-related companies, government entities and higher education 

institutions. This park provides people in the region with the opportunity to pursue 

technology based careers. in a place where previously ,no such opportunities existed. 

• The development of a comprehensive K-12 cyber-curriculum program tiJcused on 

growing the next-generation workforce. This program began modestly in one parish in 

Louisiana and has now reached over 2.8 million students across the United 

States. Additionally, this program emphasizes the need for diversification of the cyber 

workforce by creating programs tbcused on minorities and females. In tact, many of the 

program's locations boast equal participation among males, minorities and 

females. Finally, this program has now evolved to provide cyber-curriculum to some of 

our nation's most overlooked individuals by deploying in schools lor students with visual 

and hearing impairments across the country. Everyone should have an opportunity to 

participate in this program. and because of Dr. Fleming's leadership, everyone is able to 

do so. 

• Training and retraining opportunities. as well as job placement, tbr our nation's veterans 

and their spouses. A veteran himself. Dr. Fleming recognized early on that some of our 

nation's bravest men and women too often re-enter civilian lite with unique skills that do 

not easily transfer to "outside the fence" jobs. Because of Dr. Fleming's vision. veterans 

in our region have the opportunity to develop skills in several cyber-related career 
88 


31547.008

fields. This not only helps our nation's finest. but also provides a skilled and disciplined 

workforce to our region's employers. 

Dr. Fleming's accomplishments, combined with his background as a policymaker, 

independent business owner and member of th~: military, demonstrate he is an e.xccllent choice to 

help lead the administmtion's economic development etlorts. Of course. his experience 

representing Louisiana gives him a thorough understanding of how natural disasters can impact a 

region, state, and our nation. Louisiana and the region is grateful tor Dr. Fleming's vision, hard 

work, and sacrifice. We are proud to support him for the position of Assistant Secretary of 

Commeree tor Economic Development. 

Sincerely. 

~:/L.~;ddrfl 111.n. 

United States Senate 

/./? 

Ralph 

~ Abraham, M.D. 

Member of Congress 

Mike Johnson 

Member of Congress 
89 


31547.009

29 June, 2018 

Dear Chat1man Barrasso and Ranking Member Carper, 

It is my privilege to recommend Or. John Fleming as the Assistant Secretary of Commerce for 

Economic Development. 

As the Louisiana Senator representing District 30 I have had the pleasure of working alongside 

Dr. Fleming and came to know him as a truly valuable asset to our region. He is honest, 

dependable, and incredibly hard-working. 

Dr. Fleming has been instrumental In the development and execution of projects which have 

taken root in Northwest louisiana and spread across the United States. Or. Fleming recognized 

our regional economy was too heavily reliant on oil and gas, agriculture and gaming. As a 

result, Dr. Fleming set a path towards pivoting our economy and associated workforce to a 

technology driven, knowledge-based economy. Dr. Fleming orchestrated a massive cooperative 

effort across government, industry and educational institutions which resulted in the following: 

The creation of a public-private partnership resulting in the development of the National 

Cyber Research Park anchored by the Cyber Innovation Center. Or. Flemings vision of 

diversifying the region's economy started on what was, at the time, farmland and today 

is made up of a technology infrastructure home to high-tech professionals employed by 

cyber-related companies, government and ·Institutions of higher education, The result is 

a region that members of the previous generations would have left without a second 

thought in order to pursue any technology based career; that today is recognized as a 

home to a significant cyber workforce offering continuous career growth in a wide array 

of skillsets within the technology sector. 

The development of a comprehensive K-12 cyber-curriculum program focused on 

growing the next-generation workforce. This program began modestly in one parish in 

Louisiana and has now reached over 2.8M students across the United States. 

Additionally, this program emphasizes the need for diversification of the cyber 

workforce by creating programs focused on minorities and females. In fact, many of the 

program's locations boast equal participation among males, minorities and females. 

Finally, this program has now evolved to provide cyber-curriculum to some of our 

nation's most overlooked by deploying in blind/deaf schools across the country. 

Everyone should have an opportunity to receive this program; and because of Dr. 

Fleming's leadership, that opportunity is available to all. 

Training and retraining opportunities, as well as job placement, for our Nations veterans 

and their spouses is an important focus of our region and our economic development 

strategy. Dr. Fleming, a veteran himself, recognized early on that some of our Nation's 

bravest men and women too often leave the military and enter civilian life with military 

related skills which do not easily transfer to "outside the fence" jobs. Because of Dr. 

Flemings vision, veterans In our region are provided the opportunity to develop cyber 
90 


31547.010

based skills. This results in not only helping our Nation's finest, but also provides a 

skilled and disciplined workforce to our regions employers. 

Dr. Fleming's recognized need for government, academia and industry to pull together on 

regional need based approach combined with his public policy, independent business owner 

and military background serve as the right attributes for leading economic development efforts. 

Doing most of this work in louisiana provides him the understanding of how disasters can 

immediately impact a region, a state, and an our nation. 

It's safe to say this region owes a debt of gratitude to the vision, hard work, and sacrifice Dr. 

Fleming has made. That is why, with no reservation whatsoever, I am proud to endorse Dr. 

Fleming for the position of Assistant Secretary of Commerce for Economic Development. 

Sincerely, 

James K. Armes, 

louisiana State Senator, District 30 
91 


31547.011

The Honorable John Barrasso 

Chairman 

July 17,2018 

Committee on Environment and Public Works 

United States Senate 

Washington, DC 20510 

Dear Chairman Barrasso and Ranking Member Carper, 

The Honorable Thomas R. Carper 

Ranking Member 

Committee on Environment and Public Works 

United States Senate 

Washington, DC 20510 

I write to support the President's nomination and Senate confirmation of Mary Neumayr to be a Member 

of the Council on Environmental Quality (CEQ), understanding that the President intends to appoint her 

Chair upon confirmation. Ms. Neumayr possesses the depth and breadth of experience, and the 

professional and personal qualities to effectively lead and manage the work of CEQ. 

I had the privilege to serve as CEQ Chair from 2001-2009, with the associated honor to have earned a 

unanimous vote of confirmation and to have worked regularly at that time with Senator Carper and his 

colleagues on the Senate Environment and Public Works Committee on a wide array of environmental, 

energy and natural resource matters. My support for Ms. Neumayr is framed by that experience. 

Between 2003-2009, Ms. Neumayr served in senior roles at the U.S. Department of Justice and later at the 

U.S. Department of Energy. She managed and advised on a wide range of matters involving policy, 

legislation, regulation, legal compliance, legal defense, and stakeholder engagement. In this capacity, she 

gained considerable experience with the functions, operations, and responsibilities of CEQ. Both the 

Assistant Attorney General and the Assistant Energy Secretary entrusted Ms. Neumayr to represent them 

in the interagency processes coordinated by CEQ to address myriad and complex issues requiring policy 

development, conflict resolution, and elevation to the Cabinet and President. My colleagues and I at CEQ 

worked closely with Ms. Neumayr and greatly valued her knowledge, integrity, and professionalism. 

I also had many occasions to work and interact with Ms. Neumayr during the subsequent 8 years that she 

served with distinction on the staff of the U.S. House of Representatives Energy and Commerce 

Committee. There, she greatly expanded her experience to encompass the day-to-day responsibilities and 

workings of Congress, earning the respect of members and colleagues on both sides of the aisle. Ms. 

Neumayr's legislative branch experience adds further weight to her future effectiveness at CEQ, given 

CEQ's regular interactions with the Congress and the constituents they serve. 

Finally, from what I have observed directly and learned from others, Ms. Neumayr has served ably in her 

current role as Chief of Staff at CEQ, informally leading the Council in the absence of a Chair. Ms. 

Neumayr is well qualified to fmally and formally serve as Chair of the Council on Environmental Quality. 

Sia~~ 

/aes-L. Connaughton 

[ .. /Chair, Council on Environmental Quality, 2001-2009 
92 


31547.012

The Honorable John Barrasso 

Chairman 

June 29, 2018 

Committee on Environment and Public Works 

United States Senate 

Washington, DC 20510 

Dear Chairman Barrasso and Ranking Member Carper: 

The Honorable Thomas R. Carper 

Ranking Member 

Committee on Environment and Public Works 

United States Senate 

Washington, DC 20510 

We are writing in support of the nomination of Mary Bridget Neumayr to be a Member and Chair of the 

Council on Environmental Quality (CEQ) in the Executive Office of the President. 

As former General Counsels of the U.S. Department of Energy or Assistant Attorneys General at the U.S. 

Department of Justice, under presidents of both political parties, we have worked closely with the CEQ 

chairman and staff. We know the important role CEQ and particularly its chair play in working with 

senior officials throughout the Administration on significant environmental and energy policy issues. We 

also are aware of the critical role CEQ plays in formulating regulations and policy for implementation of 

the National Environmental Policy Act of 1969. Of course each Presidential Administration has its own 

priorities and objectives, and the environmental issues CEQ faces differ over time, but one thing must 

remain constant-CEQ must be led by a chair who has integrity, a deep knowledge of the Council's 

work, and the judgment and work ethic to successfully address extremely difficult issues in which there is 

significant public interest and often disagreement. 

Mary Neumayr is highly qualified to serve as CEQ's chair. We have worked closely with her and/or have 

known her by reputation for many years. Through her service on Capitol Hill, at the U.S. Department of 

Energy, at the U.S. Department of Justice, and most recently as chief of staff at CEQ, she has developed 

and has exhibited the knowledge and skills to be a highly successful CEQ chairman. Moreover, and 

equally as important, she treats all people and all stakeholders with dignity and respect, and her integrity 

is absolutely above reproach. 

Each of us may not agree with every policy position Ms. Neumayr might have taken in the past, either on 

her own or on behalf of the agencies or officials for whom she has worked. And we may or may not 

agree with the positions she or the President may take in the future. We support Ms. Neumayr to be a 

Member and the Chair of the Council on Environmental Quality not because we always agree with her, 

but because she is unquestionably qualified for this position, and because she has the knowledge, skills 

and integrity to faithfully and honorably carry out the duties of this position on behalf of the American 

people. 

Sincerely yours, 
93 


31547.013

DavidR. Hill 

General Counsel 

U.S. Department of Energy 

2005-2009 

Lee Liberman Otis 

General Counsel 

U.S. Department of Energy 

2001-2005 

Steven P. Croley 

General Counsel 

U.S. Department of Energy 

2014-2016 

Scott Blake Harris 

General Counsel 

U.S. Department of Energy 

2009- 20!1 

Mary Anne Sullivan 

General Counsel 

U.S. Department of Energy 

1998-2001 

Ronald J. Tenpas 

Assistant Attorney General 

Environment and Natural Resources Division 

U.S. Department of Justice 

2007-2009 

Thomas Sansonetti 

Assistant Attorney General 

Environment and Natural Resources Division 

U.S. Department of Justice 

2001 -2005 

John C. Cruden 

Assistant Attorney General 

Environment and Natural Resources Division 

U.S. Department of Justice 

2015-2017 

The Honorable John Barrasso 

The Honorable Thomas R. Carper 

June 29, 2018 

Page 2 
94 


31547.014

Council Members 

C.J, Dardcuu 

Dbtrici"A" 

Jerry Jt~._;;;~ph 

Dhtrkt'·s·· 

~·like Perron 

Dbtrict··c· 

Frcddit• Jw:k 

Di'>lrit:t "{)'' 

DonalJ Sam 

Distrkt'"E" 

Bryan! Ripp..\ 

Di-.trict"F .. 

June 29, 2018 

The Honorable John Barrasso, Chairman 

Phone: (.H7)363-29.W 

Fax: (337) 363-1121 

U.S. Senate Committee on Environment and Public Works 

The Honorable Thomas Carper, Ranking Member 

U.S. Senate Committee on Environment and Public Works 

410 Dirsken Senate Oft1ce Building 

Washington, DC 20510 

Dear Chairman Barrasso and Ranking Member Carper: 

With resounding enthusiasm and unequivocal confidence, I am honored to 

highly recommend and offer my complete support for the nomination of 

John Fleming, MD for the position of Assistant Secretary of Commerce for 

Economic Development. I have known Dr. Fleming his entire congressional 

career. He exemplifies the epitome of servant leadership and 

professionalism. He always welcomes professional challenges. He has a 

passion for progress in the world of economic development. 

As Mayor of Ville Platte, Louisiana, I worked closely with Dr. Fleming and 

I am proud to say, "He was a strong and illuminating advocate for all 

citizens of Louisiana since his inception to Congress." He is a servant to all 

people. He represented small cities like Ville Platte with the same vigor and 

allegiance he did for larger cities. He did not let us fall through the cracks 

and be forgotten. He served the underserved. 

As his resume indicates, he has extensive expertise and excellence in the 

medical and business fields. His qualifications are commensurate with the 

position of Assistant Secretary of Commerce for Economic Development. 

His many years as a practicing physician, in conjunction with, his diverse 

experiences and successes as an entrepreneur and businessman make him 

uniquely qualified for this critical position. 
95 


31547.015

Additionally, Dr. Fleming possesses, demonstrates and implements a cornucopia of the 

following administrative and executive level attributes: an untiring, energetic, vocal 

advocate for economic development, strong leadership and administrative qualities, 

demonstrated problem-solving skills, demonstrated decision-making skills, experienced 

in handling multiple and challenging responsibilities, experienced in motivating and 

inspiring staff, effective communication and interpersonal skills, persuasive public 

speaking abilities, able to interact with persons from diverse backgrounds and a high 

level of compassion, integrity, commitment and enthusiasm. 

Dr. Fleming is a very conscientious and accomplished administrator and executive, who 

has spent his career evolving in a technology driven reality of advanced knowledge fur 

the workforce of the future. He is passionately devoted to promoting the growth of our 

national and global economies. He is the caliber of executive who puts forth that 

necessary second-effort quality needed to achieve the very best. He doesn't give up 

when a difficult task arises; instead, he thinks harder, works harder and tries harder. He 

prides himselfin excelling to his complete executive level potential. He exemplifies a 

diversity of knowledge and awareness in numerous areas. He is the type of individual 

who is content only when the final results of his work performance demonstrate he has 

given his very best. He is a professional who sets goals and uses his abilities and 

intelligence to achieve those goals. 

Dr. Fleming's professional qualities are characteristic of his other admirable attributes. 

He is courteous, generous and honest. He is an individual who respects and recognizes 

authority with the utmost cooperation. Also, he possesses the ability to adapt to the most 

negative, as well as, the positive situations. He is always dependable, responsible and 

committed. 

I am assured and confident, Dr. John Fleming will represent the United States of America 

as the Assistant Secretary of Commerce for Economic Development with a superlative 

degree of dignity, performance and excellence. 

Should you have any questions, please contact me @ 337-831-0831. 
96 


31547.016

John Bel Edwards 

Governor 

June 28, 2018 

Senator John Barrasso, Chairman 

Senator Thomas R. Carper, Ranking Member 

Senate Committee on Environment and Public Works 

410 Dirksen Senate Office Building 

Washington, DC 20510 

Dear Senators, 

DoiiPiefoon 

S.cretal)l Louisiana Economic Develop11'1011t 

It is our privilege to recommend Dr. John Fleming as the Assistant Secretary of Commerce for Economic 

Development 

I worked closely with Congressman Fleming during his service as Congressman in the 4m Congressional 

District of Louisiana. I know first-hand that he has personally demonstrated extraordinary service to 

Louisiana and our Nation. Dr. Fleming has been instrumental in the development and execution of 

projeets, which have taken root in Northwest Louisiana and spread across the United States. Dr. Fleming 

recognized our regional economy was too heavily reliant on oil and gas, agriculture and gaming. As a 

result, Dr. Fleming set a path towards pivoting our economy and associated workforce to a 

technology driven, knowledge-based economy. Dr. Fleming orchestrated a massive cooperative effort 

across government, industrY and educational institutions which resulted in the following: 

• The creation of a public-private partnership resulting in the development of the National Cyber 

Research Park anchored by the Cyber Innovation Center. Dr. Fleming's vision of diversifYing the 

region's economy started on what was, at the time, farmland and today is made up of a 

technology infrastructure home to high-tech professionals employed by cyber-related companies, 

government and institutions of higher education. The result is a region that members of 

the previous generations would have left without a second thought in order to pursue any 

technology based career; that today is recognized as a home to a significant cyber 

workforce offering continuous career growth in a wide array of skillsets within the technology 

sector. 

• The development of a comprehensive K-12 cyber-curriculum progtam focused on growing the 

next-generation workforce. This program began modestly in one parish in Louisiana and has now 

reached over 2.8M students across the United States. Additionally, this program emphasizes 

the need for diversification of the cyber workforce by creating programs focused on minorities 

and females. In fact, many of the program's locations boast equal participation among males, 

minorities and females. Finally, this program has now evolved to provide cyber-curricu!um to 

some of our nation's most overlooked by deploying in blind/deaf schools across the countfY. 

Everyone should have an opportunity to receive this program; and because of Dr. Fleming's 

leadership, that opportunity is available to all. 

• Training and retraining opportunities, as well as job placement, for our Nations veterans and their 

spouses is an important focus of our region and our economic development strategy. Dr. 

Fleming, a veteran himself, recognized early on that some of our Nation's bravest men and 

617 North Third Street I Baton Rouge, LA 70802 1225.342.3000 Opportunitvloulsiana.com 

An Equal Opportunity Employer 
97 


31547.017

Page2 

Fleming Letter 

June 28,2018 

women too often leave the military and enter civilian life with military related skills which do not 

easily transfer to "outside the fence" jobs. Because of Dr. Fleming's vision, veterans in our region 

are provided the opportunity to develop cyber based skills. This results in not only helping our 

Nation's finest, but also provides a skilled and disciplined workforce to our regions employers. 

Dr. Fleming recognizes the need for government, academia and industry to pull together on a regional 

needs-based approach. His experience in public policy, business and his military background serve as the 

right attributes for leading economic development efforts. Doing most of this work in Louisiana provides 

him the understanding of how disasters can immediately impact a region, a state, and our nation. 

Our state is grateful for the vision, hard work, and sacrifice Dr. Fleming has made. We are honored to 

endorse Dr. Fleming for the position of Assistant Secretary of Commerce for Economic Development. 

Sincerely, 

Don Pierson 

Secretary 

Louisiana Economic Development 
98 


31547.018

OFFICE OF THE PRESIDENT 

LOUISIANA TECH 

UNIVERSITY 

Dear Chal'lman Barrasso and Ranking Member Carper, 

29 June, 2018 

It is my privilege to recommend Dr. John Fleming as the Assistant Secretary of Commerce for 

Economic Development. 

As President of Louisiana Tech University, I have felt first-hand the direct impact of Dr. 

Fleming's hard work. I have thoroughly enjoyed our time working alongside Dr. Fleming and 

came to know him as a truly valuable asset to our region. He is honest, dependable, and 

incredibly hard-working. Dr. Fleming has been instrumental in the development and execution 

of projects which have taken root in Northwest Louisiana and spread across the United States. 

Dr. Fleming recognized our regional economy was too heavily reliant on oil and gas, agriculture 

and gaming. As a result, Dr. Fleming set a path towards pivoting our economy and associated 

workforce to a technology driven, knowledge-based economy. Dr. Fleming orchestrated a 

massive cooperative effort across government, industry and educational institutions which 

resulted in the following: 

The creation of a public-private partnership resulting in the development of the National 

Cyber Research Park anchored by the Cyber Innovation Center. Dr. Flemings vision of 

diversifying the region's economy started on what was, at the time, farmland and today 

is made up of a technology infrastructure home to high-tech professionals employed by 

cyber-related companies, government and institutions of higher education. The result is 

a region that members of the previous generations would have left without a second 

thought in order to pursue any technology based career; that today is recognized as a 

home to a significant cyber workforce offering continuous career growth in a wide array 

of skllfsets within the technology sector. 

The development of a comprehensive K-12 cyber-curriculum program focused on 

growing the next-generation workforce. This program began modestly in one parish in 

Louisiana and has now reached over 2.8M students across the United States. 

Additionally, this program emphasizes the need for diversification of the cyber 

workforce by creating programs focused on minorities and females. In fact, many of the 

program's locations boast equal participation among males, minorities and females. 

Finally, this program has now evolved to provide cyber-curriculum to some of our 

nation's most overlooked by deploying in blind/deaf schools across the country. 

Everyone should have an opportunity to receive this program; and because of Dr. 

Fleming's leadership, that opportunity is available to all. 

A MEMBER OF TilE UNIVERSITY OF LOUISIANA S'ISTEM 

P.O. BOX 3168 • RUS"ION, LA 712?l.fJOOl • TEL: {318) 257-3185 • FAX: (318) 257·2928 

AN !QUALOPI'ORTUNffY UNIVERSrrY 
99 


31547.019

Training and retraining opportunities, as well as job placement, for our Nations veterans 

and their spouses is an important focus of our region and our economic development 

strategy. Dr. Fleming, a veteran himself, recognized early on that some of our Nation's 

bravest men and women too often leave the military and enter civilian life with military 

related skills which do not easily transfer to "outside the fence" jobs. Because of Dr. 

Flemings vision, veterans in our region are provided the opportunity to develop cyber 

based skills. This results in not only helping our Nation's finest, but also provides a 

skilled and disciplined workforce to our regions employers. 

Dr. Fleming's recognized need for government, academia and industry to pull together on 

regional need based approach combined with his public policy, independent business owner 

and military background serve as the right attributes for leading economic development efforts. 

Doing most of this work In Louisiana provides him the understanding of how disasters can 

immediately Impact a region, a state, and an our nation. 

It's safe to say this region owes a debt of gratitude to the vision, hard work, and sacrifice Dr. 

Fleming has made. That is why, with no reservation whatsoever, I am proud to endorse Dr. 

Fleming for the position of Assistant Secretary of Commerce for Economic Development. 

Sincerely, 

President, 

~~~ lousisana Tech University 
100 


31547.020

jeff landry 

Attorney General 

June 29, 2018 

The Honorable John Barrasso 

State of Louisiana 

DEPARTMENT Of JUSTICE 

OFFICE OF THE ATTORNEY GENERAL 

P.O. BOX 94005 

BATON ROUGE 

70804·9005 

Chairman- U.S. Senate Committee on Environment and Public Works 

41 0 Dirksen Senate Office Building 

Washington, DC 20510 

The Honorable Thomas Carper 

Ranking Member- U.S. Senate Committee on Environment and Public Works 

410 Dirksen Senate Office Building 

Washington, DC 20510 

Dear Chairman Barrasso and Ranking Member Carper, 

I am writing this letter in support of President Trump's nomination of Dr. John Fleming to 

become the Assistant Secretary of Commerce for Economic Development. 

As Attorney General of Louisiana and a former Member of Congress, I have worked closely with 

Dr. Fleming for many years and know him to be a true public servant. A veteran of the Navy, a 

former parish Coroner, and a former United States Representative - Dr. Fleming is brutally 

honest, doggedly dependable, and incredibly hard-working. 

In addition to being a successful independent business owner, Dr. Fleming has also been an 

economic leader for our State and our Nation. Recognizing the regional economy was heavily 

reliant on oil and gas, agriculture, and gaming- Dr. Fleming set a path towards growing a 

technology-driven, knowledge-based economy. He orchestrated a massive cooperative effort 

across industry, government, and educational institutions which resulted in the following: 

• The creation of a public-private partnership resulting in the development of the National 

Cyber Research Park anchored by the Cyber Innovation Center. Dr. Fleming's vision of 

diversifying the region's economy started on what was, at the time, farmland and today is 

made up of a technology infrastructure home to high-tech professionals employed by 

cyber-related companies, government, and institutions of higher education. We now have 

a significant cyber workforce offering continuous career growth in a wide array of 

skillsets within the technology sector. 

• The development of a comprehensive K· J 2 cyber-curriculum program focused on 

growing the next-generation workforce. Modestly begun in one Louisiana parish, it has 
101 


31547.021

now reached over 2.8 million students across the United States. This program emphasizes 

the need for diversification of the cyber world'orce by creating programs focused on 

minorities and females. In fact- many of the program's locations boast equal 

participation among males, females, and minorities. Finally, this program has evolved to 

provide cyber-curriculum to some of our nation's most overlooked by deploying in 

blind/deaf schools across the country. 

• Numerous training and retraining opportunities, as well as job placements, for our 

Nation's veterans and their spouses. Dr. Fleming recognized early on that some of our 

Nation's bravest men and women too often leave the military and enter civilian life with 

military-related skills which do not easily transfer to "outside the fence" jobs. So he 

pushed to provide our veterans and their families the opportunity to develop cyber-based 

skills. Now, many of our Nation's finest have that and all of our community benefits 

from a skilled and disciplined workforce for our regions employers. 

In short- Dr. Fleming has a record of recognizing the need for and achieving success with 

pulling industry, government, and academia together even in the midst of natural disasters in 

Louisiana. This- combined with his unique experience as a public policymaker, job creator, and 

military veteran- will aid Dr. Fleming in his future efforts to lead our economic development. 

For Louisiana and America, I ask you and your distinguished colleagues on the Environment and 

Public Works Committee to support Dr. Fleming's nomination. There is no doubt that we will all 

benefit from Dr. Fleming's passion, intelligence, and work ethic. 

If you have questions or need more information on my support for Dr. John Fleming, please feel 

free to contact me at225-326-6705 or landryj@ag.louisiana.gov. 

Sinc~rely, ~ 

~ /f~ ---- Jeff dry 

Louisiana Attorney General 
102 


31547.022

OLUL S. 1YLER 

MAYO" 

OFFICE OF THE MAYOR SHREVEPORT. LOUISIANA 

July 2, 2018 

1'0~1 QHKf SOX 31 !09 

':.liRtVU'O!{l.tA "~1!30 

3!6·€73·5050 318l673·5099•~'"AX• 

Dear Chairman Barrasso and Ranking Member Carper: 

It is our privilege to recommend Dr. John Fleming as the Assistant Secretary of Commerce for 

Economic Development. 

As the Mayor of Shreveport, I have witnessed first-hand the impact of Dr Fleming's hard work. 

I have thoroughly enjoyed my time working alongside Dr. Fleming and came to know him as a 

truly valuable asset to our region. He Is nonest, dependable, and incredibly hard-working. He 

has been instrumental in the development and execution of projects which have taken root in 

Northwest Louisiana and spread across the United States. Dr. Fleming recognized our regional 

economy was too heavily reliant on oil and gas, agriculture, and gaming. As a result, Dr. 

Fleming set a path towards pivoting our economy and associated workforce to a technology 

driven, knowledge-based economy. Dr. Fleming orchestrated a massive cooperative effort 

across government, industry. and educational institutions which resulted in the following: 

The creation of a public-private partnership resulting in the development of the National 

Cyber Research Park, anchored by the Cyber Innovation Center. Dr. fleming's vision of 

diversifying the region's economy started on what was, at the time, farmland and today 

is made up of a technology infrastructure home to high-tech professionals employed by 

cyber-related companies, government, and institutions of higher education. The result 

is a region that members of the previous generations would have left without a second 

thought in order to pursue any technology-based career that today is recognized as 

home to a significant cyber workforce, offering continuous career growth in a wide array 

of skillsets within the technology sector. 

Tne development of a comprehensive K~12 cyber~curriculum program focused on 

growing the next-generation workforce. This program began modestly in one parish in 

Louisiana and has now reached over 2.8M students across the United States. 

Additionally, this program emphasizes the need for diversification of the cyber 

workforce by creating programs focused on minorities and females. In fact. many of the 

program's locations boast equal participation among males, minorities and females. 

Finally, this program has now evolved to provide cyber-curriculum to some of our 

nation's most overlooked by deploying in blind/deaf schools across the country. 

Everyone should have an opportunity to receive this program and, because of Dr. 

fleming's leadership, that opportunity is available to all. 

Training and retraining opportunities. as well as job placement, for our nation's veterans 

and their spouses is an important focus of our region and our economic development 
103 


31547.023

strategy. Dr. Fleming, a veteran himself, recognized early on that some of our nation's 

bravest men and women too often leave the military and enter civilian life with military· 

related skills which do not easily transfer to "outside the fence" jobs. Because of Dr. 

Fleming's vision, veterans in our region are provided the opportunity to develop cyber 

based skills. This results in not only helping o"r nation's finest, but also provides a 

skilled and disciplined workforce to employers in our region. 

Dr. Fleming's influence can further be seen in the medical arena. Helping to attract and retain 

highly-skilled doctors to lSU Health Sciences Center Medical School is a much-needed medical 

and economic boost to our city. Some of the best doctors in the country are a part of the 

teaching school. Medlc;;l ~sidents are trained •and supervised by these committed 

profes.ior.als. Patients who come from around the entire region ben~fir from cutting edge 

research, new techniques, and competent, caring physicians. Dr. Fleming's willingness to use his 

Knowledge and expen:ise as a medical doctor, as someone wanti.1g to better the :ives of others, 

and as someone who wants to improve the overall health of the economy in our region was a 

welcomed addition to our community. 

Dr. Fleming's recognized need for government. academia, and industry to pull together on a 

regional. need-based approach combined with his public policy, his acumen as an independent 

business owner, and military background serve as the right attributes for leading economic 

development efforts. Doing most of this work in louisiana provides him the understanding of 

how disaster~ can immediately impact a region, a state, and our nation. 

It is safe to say this region owes a debt of gratitude to the vision, hard work, and sacrifice Dr. 

Fleming has made. That is whv I am proud to endorse Or. Fleming for the positiorl of Assistant 

Secretary of Commerce for Economic Development. 

Sincerely, 

Ollie S. Tyler 

MAYOR 
104 


31547.024

2018 Board of Directors 

Execytiye Committee: 

Dana Smelser- Oklirmem 

CHRJJTf.JS Shreuepqrt-BOJJ:itr Htnlth 

Patrick Gullatt- Chair Eke! 

JJarkstlak f<tdtrnl Credit Union 

Barry Regula- FinaiKt Chair 

iHmgarif<lviik Retort C(w#o 

Tetty Moore- Pa~t Chair 

M.mi114'}'nc.h 

Meredith Johnson 

• Busbtm DtJJtkpmtnl ONir 

Realty E..'<tfmtiws SBL4 

Mike McSwain- Mm·ktling Chair 

Mikt McSwain Arthitut, U..C 

Brett Mattison - Goo RelatirmJ Chair 

Sf/YEPCO 

Nicole Wilhite 

- Prosram Dtwlopmcnt Chdr 

CHi!?!tn Nalional Bank 

Brian Liesveld 

- Milimry Rdaiitms C!mir 

<:;ykr[llllf)t){ltioJICmter 

1li=llui; 

Col West Anderson, USAF Retired 

Bering 

Rkk Bareman.Jr. 

BouitrPurishCQmm«mlJCclft§ 

111cresia Borde!on-Kvedet 

jwfl Simpmn PtT'f(}Nitt/ Strlli«J 

CliffBrousS\'Itd 

IPilli!-Knigbtwt HM!th S..rmm Roben Cave 

CfRA 

SandyM.Cimino 

Ctmtn~Ym!)· BnttA: tiflnnilitma 

Kathy French 

Pf!ltqfGuidtJ.&nkr 

Rick Holland 

Gibr!and&i'Jk&1"'nnl 

Matt Locke 

l..m-Ju~t,lt«. 

Rhonda Macisaac 

ll'?il!is-~ HW!hS)'J"m 

Ian McElroy 

M>E/ny·Mttal 

Bro<:eRoberts 

RDbt-rtral/dM11p/?y, 1M 

CrnigSpohn 

c;,w lmtiJIIi11ifJn CtnwCol Andy Thomson. USAF Recited 

NorthropGrunmtan 

Lil;a Johnson 

Pmidtnt/CEO 

Bossier lnno1111te~ 

June 28, 2018 

Dear Chatllman Barrasso and Ranking Member Carper, 

It is my privilege to recommend Dr. John Fleming as the Assistant Secretary of Commerce 

for Economic Development. As the Chamber of Commerce President In Bossier Parish I 

County, I have witnessed first-hand the Impact of Dr. Fleming's hard work. I have 

thoroughly enjoyed my time working alongside Dr. Fleming and came to know him as a 

truly valuable asset to our region. He is honest, dependable, and incredibly hard-working. 

Dr. Fleming has been Instrumental in the development and execution of projects which 

have taken root in Northwest louisiana and spread across the United States. Dr. Fleming 

recognized our regional economy was too heavily reliant on oil and gas, agriculture and 

gaming. As a result, Dr. Fleming set a path towards pivoting our economy and associated 

workforce to a technology driven, knowledge-based economy. Dr. Fleming orchestrated 

a massive cooperative effort across government, industry and educational institutions 

which resulted in the following: 

The creation of a public-private partnership resulting in the development of the National 

Cyber Research Park anchored by the Cyber Innovation Center. Dr. Fleming's vision of 

diversifying the region's economy started on what was, at the time, farmland and today 

is made up of a technology infrastructure home to high-tech professionals employed by 

cyber-related companies, government and institutions of higher education. The result is a 

region that members of the previous generations would have left without a second 

thought in order to pursue any technology based career; that today is recognized as a 

home to a significant cyber workforce offering continuous career growth in a wide array 

of skillsets within the technology sector. 

The development of a comprehensive K·l2 cyber-curriculum program foCIJsed on 

growing the next-generation workforce. This program began modestly in one parish in 

louisiana and has now reached over 2.8M students across the United States. 

Additionally, this program emphasizes the need for diversification of the cyber workforce 

by creating programs focused on minorities and females. In fact, many of the program's 

locations boast equal participation among males, minorities and females. Finally, this 

program has now evolved to provide cyber-curriculum to some of our nation's most 

overlooked by deploying in blind/deaf schools across the country. Everyone should have 

an opportunity to receive this program; and because of Dr. Fleming's leadership, that 

opportunity is available to all. 

710 Benton Road, Bossier City, LA 71111 "'f" www.bossierchamber.com • P~ 318.746.0252 

OPPORTUNfTY '\"' ADVOCACY '\"' PARTNERSHfP '\"' EDUCATfON 
105 


31547.025

Page2 

~•er D .......... • C-,1 ~· 1am b er + · 

He saw training and retraining opportunities, as well as job placement, for our Nations veterans 

and their spouses as an important focus of our region and our economic development strategy. 

Dr. Fleming, a veteran himself, recognized early on that some of our Nation's bravest men and 

women too often leave the military and enter civilian life with military related skills which do not 

easily transfer to "outside the fence" jobs. 

Because of Dr. Fleming's vision, veterans in our region are provided the opportunity to develop 

cyber based skills. This results in not only helping our Nation's finest, but also provides a skilled 

and disciplined workforce to our regions employers. Dr. Fleming's recognized need for 

government, academia and industry to pull together on regional need based approach combined 

with his public policy, independent business owner and military background serve as the right 

attributes for leading economic development efforts. Doing most of this work in louisiana 

provides him the understanding of how disasters can immediately impact a region, a state, and 

our nation. It's safe to say this region owes a debt of gratitude to the vision, hard work, and 

sacrifice Dr. Fleming has made. That is why, with no reservation whatsoever, I am proud to 

endorse Dr. Fleming for the position of Assistant Secretary of Commerce for Economic 

Development 

Sincerely, 

~ President I CEO 
106 


31547.026

29June,2018 

Dear Chal'lman Barrasso and Ranking Member Carper, 

It is our privilege to recommend Dr. John Fleming as the Assistant Secretary of Commerce for 

Economic Development. 

As leaders of Bossier City and Bossier Parrish we have witenessed first-hand the impact of Dr. 

Fleming's hard work. We have thoroughly enjoyed our time working alongside Dr. Fleming and 

came to know him as a truly valuable asset to our region. He is honest, dependable, and 

incredibly hard-working. 

Dr. Fleming has been instrumental in the development and execution of projects which have 

taken root in Northwest louisiana and spread across the United States. Dr. Fleming recognized 

our regional economy was too heavily reliant on oil and gas, agriculture and gaming. As a 

result, Dr. Fleming set a path towards pivoting our economy and associated workforce to a 

technology driven, knowledge-based economy. Dr. Fleming orchestrated a massive cooperative 

effort across government, industry and educational institutions which resulted in the following: 

The creation of a public-private partnership resulting in the development of the National 

Cyber Research Park anchored by the Cyber Innovation Center. Dr. Flemings vision of 

diversifying the region's economy started on what was, at the time, farmland and today 

is made up of a technology infrastructure home to high-tech professionals employed by 

cyber-related companies, government and institutions of higher education. The result is 

a region that members of the previous generations would have left without a second 

thought in order to pursue any technology based career; that today is recognized as a 

home to a significant cyber workforce offering continuous career growth in a wide array 

of skillsets within the technology sector. 

The development of a comprehensive K-12 cyber-curriculum program focused on 

growing the next-generation workforce. This program began modestly in one parish in 

louisiana and has now reached over 2.8M students across the United States. 

Additionally, this program emphasizes the need for diversification of the cyber 

workforce by creating programs focused on minorities and females. In fact, many of the 

program's locations boast equal participation among males, minorities and females. 

Finally, this program has now evolved to provide cyber-curriculum to some of our 

nation's most overlooked by deploying in blind/deaf schools across the country. 

Everyone should have an opportunity to receive this program; and because of Dr. 

Fleming's leadership, that opportunity is available to all. 

Training and retraining opportunities, as well as job placement, for our Nations veterans 

and their spouses is an Important focus of our region and our economic development 

strategy. Dr. Fleming, a veteran himself, recognized early on that some of our Nation's 

bravest men and women too often leave the military and enter civilian life with military 

related skills which do not easily transfer to "outside the fence" jobs. Because of Dr. 

Flemings vision, veterans in our region are provided the opportunity to develop cyber 
107 


31547.027

based skills. This results in not only helping our Nation's finest, but also provides a 

skilled and disciplined workforce to our regions employers. 

Dr. Fleming's recognized need for government, academia and industry to pull together on 

regional need based approach combined with his public policy, independent business owner 

and military background serve as the right attributes for leading economic development efforts. 

Doing most of this work in louisiana provides him the understanding of how disasters can 

immediately impact a region, a state, and our nation. 

It's safe to say this region owes a debt of gratitude to the vision, hard work, and sacrifice Dr. 

Fleming has made. That is why, with no reservation whatsoever, we are proud to endorse Dr. 

Fleming for the position of Assistant Secretary of Commerce for Economic Development. 

Sincerely, 

Bill Altimus, 

Administrator, Bossier Parrish 
108 


31547.028

--til--

RICK BATEMAN, JR., Ph.D. 

Chancellor 

Bossier Parish Community College 

June 29, 2018 

Dear Chairman Barrasso and Ranking Member Carper, 

It is my privilege to recommend Dr. John Fleming as the Assistant Secretary of Commerce for Economic 

Development. 

As Chancellor, Bossier Parish Community College (BPCC), I have felt first-hand the direct impact of Dr. 

Fleming's hard work. I have thoroughly enjoyed our time working alongside Dr. Fleming and carne to 

know him as a truly valuable asset to our region. He is honest, dependable, and incredibly hard-working. 

As a major economic driver for our region with an annual economic impact of $341M, BPCC understands 

the importance of continued economic development for our region, its citizens, and our BPCC family. 

Dr. Fleming has been Instrumental in the development and execution of projects which have taken root in 

Northwest louisiana and spread across the United States. Dr. Fleming recognized our regional economy 

was too heavily reliant on oil and gas, agriculture, and gaming. As a result, Dr. Fleming set a path towards 

pivoting our economy and associated workforce to a technology driven, knowledge-based economy. Dr. 

Fleming orchestrated a massive cooperative effort across government, industry, and educational 

institutions which resulted in the following: 

The creation of a public-private partnership resulting in the development of the National Cyber Research 

Park anchored by the Cyber Innovation Center. Dr. Flemings vision of diversifying the region's economy 

started on what was, at the time, farmland and today is made up of a technology infrastructure home to 

high-tech professionals employed by cyber-related companies, government, and institutions of higher 

education. The result is a region that today is recognized as a home to a significant cyber workforce 

offering continuous career growth in a wide array of skillsets within the technology sector. With our 

campus located adjacent to the National Cyber Research Park, we are excited about the growing 

partnerships with cyber companies like General Dynamics Integrated Technology Center and our fouryear university partner, louisiana Tech University. 

Training and retraining opportunities, as well as job placement, for our nation's veterans and their 

spouses is an important focus of our region and our economic development strategy. Dr. Fleming, a 

veteran himself, recognized early on that some of our nation's bravest men and women too often leave 

the military and enter civilian life with military related skills which do not easily transfer to civilian jobs. 

Because of Dr. Fleming's vision, veterans in our region are provided the opportunity to develop cyber 

workforce skills. This results In not only helping our nation's finest, but also provides a skilled and 

disciplined workforce to our regions employers. As an institution that serves more than 1,000 veteran 

and active military students each year, we are proud of the work that we do to help our veterans upgrade 

their skillsets to enter high-wage, high-demand occupations like cyber. 

'Emsl, 2018, AY16-17 Economic Impact Report for Bossier Parish Community College. 
109 


31547.029

Dr. Fleming recognized the need for government, academia, and industry to pull together on a regional, 

need-based approach. This vision combined with his public policy, business, and military background 

serve as the right attributes for leading economic development efforts. 

Please accept this letter as my endorsement for Dr. Fleming for the position of Assistant Secretary of 

Commerce for Economic Development. 

Sincerely, 

Rick Bateman, Jr., Ph.D. 

Chancellor 

6220 East Texas St.· Bossier City, LA 711 II · (318)678-6000 · www.bpcc.edu 
110 


31547.030

June 29, 2018 

Dear Chal!tman Barrasso and Ranking Member Carper, 

It is my privilege to recommend Dr. John Fleming as the Assistant Secretary of Commerce for 

Economic Development. 

As President of the Cyber Innovation Center, I have felt first-hand the direct impact of Dr. 

Fleming's hard work. Dr. Fleming has been, and will continue to be, an advocate for our 

mission of creating a knowledge based workforce and diversifying the region's economy. I have 

thoroughly enjoyed working alongside Dr. Fleming and came to know him as a truly valuable 

asset to our region. He is honest, dependable, and incredibly hard-working. 

Dr. Fleming has been instrumental in the development and execution of projects which have 

taken root in Northwest Louisiana and spread across the United States. Dr. Fleming recognized 

our regional economy was too heavily reliant on oil and gas, agriculture and gaming. As a 

result, Dr. Fleming set a path towards pivoting our economy and associated workforce to a 

technology driven, knowledge-based economy. Dr. Fleming orchestrated a massive cooperative 

effort across government, industry and educational institutions which resulted in the following: 

The creation of a public-private partnership resulting in the development of the National 

Cyber Research Park anchored by the Cyber Innovation Center. Dr. Flemings vision of 

diversifying the region's economy started on what was, at the time, farmland and today 

is made up of a technology infrastructure home to high-tech professionals employed by 

cyber-related companies, government and institutions of higher education. The result is 

a region that members of the previous generations would have left without a second 

thought in order to pursue any technology based career; that today is recognized as a 

home to a significant cyber workforce offering continuous career growth in a wide array 

of skillsets within the technology sector. 

The development of a comprehensive K-12 cyber-curriculum program focused on 

growing the next-generation workforce. This program began modestly in one parish in 

Louisiana and has now reached over 2.8M students across the United States. 

Additionally, this program emphasizes the need for diversification of the cyber 

workforce by creating programs focused on minorities and females. In fact, many of the 

program's locations boast equal participation among males, minorities and females. 

Finally, this program has now evolved to provide cyber-curriculum to some of our 

nation's most overlooked by deploying in blind/deaf schools across the country. 

Everyone should have an opportunity to receive this program; and because of Dr. 

Fleming's leadership, that opportunity is available to all. 

Training and retraining opportunities, as well as job placement, for our Nations veterans 

and their spouses is an important focus of our region and our economic development 

strategy. Dr. Fleming, a veteran himself, recognized early on that some of our Nation's 

bravest men and women too often leave the military and enter civilian life with military 

6300 E. Texas Street. Suite 100 " Bossler City, Louisiana 711 

www.cyberinnovationcenter.org 

' 318]59.1600 
111 

Æ 


31547.031

related skills which do not easily transfer to "outside the fence" jobs. Because of Dr. 

Flemings vision, veterans in our region are provided the opportunity to develop cyber 

based skills. This results in not only helping our Nation's finest, but also provides a 

skilled and disciplined workforce to our regions employers. 

Dr. Fleming's recognized need for government, academia and industry to pull together on 

regional need based approach combined with his public policy, independent business owner 

and military background serve as the right attributes for leading economic development efforts. 

Doing most of this work in Louisiana provides him the understanding of how disasters can 

immediately impact a region, a state, and our nation. 

It's safe to say this region owes a debt of gratitude to the vision, hard work, and sacrifice Dr. 

Fleming has made. That is why, with no reservation whatsoever, I am proud to endorse Dr. 

Fleming for the position of Assistant Secretary of Commerce for Economic Development. 

Sincerely,