`[Senate Hearing 115-881]
[From the U.S. Government Publishing Office]






                   



                                                        S. Hrg. 115-881
 
                   NOMINATIONS TO THE AMTRAK BOARD OF
                 DIRECTORS, THE NATIONAL TRANSPORTATION
                 SAFETY BOARD (NTSB), AND THE NATIONAL
             HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA)

=======================================================================

                                HEARING

                               before the

                         COMMITTEE ON COMMERCE,
                      SCIENCE, AND TRANSPORTATION
                          UNITED STATES SENATE

                     ONE HUNDRED FIFTEENTH CONGRESS

                             SECOND SESSION

                               __________

                              MAY 16, 2018

                               __________

    Printed for the use of the Committee on Commerce, Science, and 
                             Transportation
                             
                             
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             U.S. GOVERNMENT PUBLISHING OFFICE 
 57-803 PDF             WASHINGTON : 2024       
                
                
                
                
                
                
                
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                     ONE HUNDRED FIFTEENTH CONGRESS

                             SECOND SESSION

                   JOHN THUNE, South Dakota, Chairman
ROGER WICKER, Mississippi            BILL NELSON, Florida, Ranking
ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
TED CRUZ, Texas                      AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska                RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas                  BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska                 EDWARD MARKEY, Massachusetts
DEAN HELLER, Nevada                  TOM UDALL, New Mexico
JAMES INHOFE, Oklahoma               GARY PETERS, Michigan
MIKE LEE, Utah                       TAMMY BALDWIN, Wisconsin
RON JOHNSON, Wisconsin               TAMMY DUCKWORTH, Illinois
SHELLEY MOORE CAPITO, West Virginia  MAGGIE HASSAN, New Hampshire
CORY GARDNER, Colorado               CATHERINE CORTEZ MASTO, Nevada
TODD YOUNG, Indiana                  JON TESTER, Montana
                       Nick Rossi, Staff Director
                 Adrian Arnakis, Deputy Staff Director
                    Jason Van Beek, General Counsel
                 Kim Lipsky, Democratic Staff Director
              Chris Day, Democratic Deputy Staff Director
                      Renae Black, Senior Counsel
                      
                            C O N T E N T S

                              ----------                              
                                                                   Page
Hearing held on May 16, 2018.....................................     1
Statement of Senator Thune.......................................     1
    Support statement dated April 6, 2018 from Chairman Bob Latta    81
    Support statement dated April 6, 2018 from the National 
      Safety Council.............................................    81
    Support statement dated April 6, 2018 from the Governors 
      Highway Safety Association.................................    82
    Support letter dated May 9, 2018 to Hon. John Thune and Hon. 
      Bill Nelson from Torine Creppy, President, Safe Kids 
      Worldwide..................................................    83
Statement of Senator Nelson......................................     2
    Prepared statement...........................................     3
Statement of Senator Blumenthal..................................    15
Statement of Senator Inhofe......................................    34
Statement of Senator Wicker......................................    37
Statement of Senator Moran.......................................    39
    Railway Age op-ed dated May 10, 2018 entitled ``Amtrak: Where 
      is the public input? Where is the transparency?'' by Joseph 
      A. Boardman................................................    41
Statement of Senator Peters......................................    42
Statement of Senator Cortez Masto................................    47
Statement of Senator Hassan......................................    48
Statement of Senator Gardner.....................................    50
    Letter dated October 13, 2017 to Bill Sauble, Chairman, 
      Colfax County Commission, from William N. Feidt, Executive 
      Vice President, Chief Financial Officer, National Railroad 
      Passenger Corporation (Amtrak).............................    51
    Letter dated May 9, 2018 to Hon. Jeff Denham, Hon. Michael 
      Capuano, Hon. Deborah Fischer, Hon. Gary Peters from Jim 
      Matthews, President and CEO, Rail Passengers Association...    53
Statement of Senator Cantwell....................................    59
    Letter dated May 15, 2018 to Hon. John Thune and Hon. Bill 
      Nelson from Hon. Frank Palone, Jr. and Hon. Jan Schakowsky, 
      U.S. House of Representatives..............................    61
    Letter dated April 12, 2018 to Heidi King, Deputy 
      Administrator, National Highway Traffic Safety 
      Administration from Hon. Robert E. Latta, Chairman, 
      Subcommittee on Digital Commerce and Consumer Protection, 
      U.S. House of Representatives..............................    63
    Prepared statement of Representative Michael E. Capuano......    74
Statement of Senator Klobuchar...................................    76

                               Witnesses

Hon. Tom Rooney, U.S. Representative from Florida................     4
Joseph Gruters, Nominee to be a Member, Amtrak Board of Directors     5
    Prepared statement...........................................     7
    Biographical information.....................................     8
Jennifer L. Homendy, Nominee to be a Member, National 
  Transportation Safety Board (NTSB).............................    15
    Prepared statement...........................................    17
    Biographical information.....................................    19
Heidi King, Nominee to be Administrator, National Highway Traffic 
  Safety Administration (NHTSA)..................................    26
    Prepared statement...........................................    28
    Biographical information.....................................    29

                                Appendix

Support letter dated May 15, 2018 to Hon. John Thune from Candace 
  Lightner, Founder MADD, President, We Save Lives and Ed Wood, 
  Founder, DUID Victim Voices....................................    85
Opposition letter dated May 14, 2018 to Chairman John Thune and 
  Ranking Member Bill Nelson from Jason Levine, Executive 
  Director, The Center for Auto Safety...........................    86
Opposition letter dated May 14, 2018 from the Center for Auto 
  Safety, Center for Biological Diversity, Conservation Law 
  Foundation, League of Conservation Voters, Moms Clean Air 
  Force, Plug In America, Safe Climate Campaign, Union of 
  Concerned Scientists, Voices for Progress and Public Citizen...    89
Opposition letter dated May 21, 2018 from the Center for 
  Biological Diversity, Climate Hawks Vote, League of 
  Conservation Voters, Plug in America, Safe Climate Campaign, 
  Sierra Club, Union of Concerned Scientists and Voices for 
  Progress.......................................................    91
Response to written questions submitted to Joseph Gruters by:
    Hon. Richard Blumenthal......................................    93
    Hon. Tom Udall...............................................    94
    Hon. Tammy Baldwin...........................................    94
    Hon. Catherine Cortez Masto..................................    94
    Hon. Jon Tester..............................................    95
Response to written questions submitted to Jennifer L. Homendy 
  by:
    Hon. Dan Sullivan............................................    96
    Hon. Dean Heller.............................................    96
    Hon. Bill Nelson.............................................    97
    Hon. Richard Blumenthal......................................    97
    Hon. Catherine Cortez Masto..................................    98
Response to written questions submitted to Heidi King by:
    Hon. John Thune..............................................    99
    Hon. Roger F. Wicker.........................................   100
    Hon. Dan Sullivan............................................   101
    Hon. Dean Heller.............................................   102
    Hon. Todd Young..............................................   102
    Hon. Bill Nelson.............................................   104
    Hon. Maria Cantwell..........................................   106
    Hon. Richard Blumenthal......................................   108
    Hon. Edward Markey...........................................   114
    Hon. Tom Udall...............................................   117
    Hon. Tammy Duckworth.........................................   119
    Hon. Catherine Cortez Masto..................................   120
    Hon. Jon Tester..............................................   121


                    NOMINATIONS TO THE AMTRAK BOARD



                       OF DIRECTORS, THE NATIONAL



                  TRANSPORTATION SAFETY BOARD (NTSB),



                    AND THE NATIONAL HIGHWAY TRAFFIC



                     SAFETY ADMINISTRATION (NHTSA)

                              ----------                              


                        WEDNESDAY, MAY 16, 2018

                                       U.S. Senate,
        Committee on Commerce, Science, and Transportation,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:05 a.m. in 
room SR-253, Russell Senate Office Building, Hon. John Thune, 
Chairman of the Committee, presiding.
    Present: Senators Thune [presiding], Nelson, Blumenthal, 
Inhofe, Wicker, Moran, Peters, Cortez Masto, Hassan, Gardner, 
Cantwell, and Klobuchar.

             OPENING STATEMENT OF HON. JOHN THUNE, 
                 U.S. SENATOR FROM SOUTH DAKOTA

    The Chairman. Good morning. We have three well-qualified 
nominees before the Committee today. Joseph Gruters, who has 
been nominated to the Amtrak Board of Directors; Jennifer 
Homendy, nominated to be a National Transportation Safety Board 
Member; and Heidi King, nominated to be the Administrator of 
the National Highway Traffic Safety Administration.
    Thank you to you and to your families for your willingness 
to serve. If confirmed, each of you will have an opportunity to 
improve our Nation's transportation system and bring your 
considerable expertise and leadership to your respective 
agencies.
    Amtrak is the Nation's principal intercity passenger rail 
service. Recent Amtrak collisions and derailments have 
underscored the importance of implementing positive train 
control quickly, safely, and effectively.
    While the statutory deadline for PTC implementation is a 
little over 7 months away, recent reports indicate that many 
railroads will be unable to fully meet this deadline.
    PTC implementation must be a priority for Amtrak and the 
freight and commuter railroads that operate over its 
infrastructure.
    As I said before, railroads should not count on any 
extensions to the statutory framework Congress passed in 2015.
    Mr. Gruters has been nominated to fill the eighth and final 
position on the Amtrak Board of Directors. He currently works 
as a certified public accountant and I believe his experience 
and qualifications will be an asset to the Board, if confirmed.
    Jennifer Homendy is familiar to many of us here on the 
Committee as she currently serves as the Democratic Staff 
Director on the Subcommittee on Railroads, Pipelines, and 
Hazardous Materials on the U.S. House of Representatives 
Transportation and Infrastructure Committee, a position that 
she's held for the past 14 years.
    Ms. Homendy's substantial experience in surface 
transportation will be valuable to the NTSB's efforts to 
investigate cases related to these modes.
    Finally, Heidi King currently serves as the Acting 
Administrator of NHTSA, where she has worked since September of 
2017.
    Ms. King has substantial experience in both the public and 
private sector, managing large organizations and prioritizing a 
data-driven approach to management.
    Since taking on her role as Acting Administrator of NHTSA, 
she has demonstrated leadership and innovation in executing the 
agency's important mandate of improving highway safety, and I'm 
pleased that she has been nominated to head this important 
agency.
    If confirmed, she will be responsible for overseeing 
numerous issues this committee has grappled with in the past 
few years, ranging from the Takata air bag recall to policies 
governing the development and deployment of automated vehicles.
    All of the nominees on today's agenda are well qualified 
for their positions and, again, I will seek to confirm them as 
quickly as we can.
    With that, I will turn to Ranking Member Nelson for his 
opening statement.
    Senator Nelson.

                STATEMENT OF HON. BILL NELSON, 
                   U.S. SENATOR FROM FLORIDA

    Senator Nelson. Thank you, Mr. Chairman.
    As you have outlined, along with the three nominees, we are 
also very privileged to have Congressman Rooney here to 
introduce State Representative Gruters, the nominee for Amtrak.
    Heidi King has been nominated to serve as the Administrator 
of NHTSA, which needs to be on the front lines of detecting 
serious vehicle safety defects and issuing recalls. This has 
been an area that has been lacking for NHTSA.
    For years, NHTSA has struggled with the Takata air bag 
recalls and we just had another example of that. A report done 
by the Minority Staff on this Committee, issued just last 
Friday, shows that there are still 1.3 million vehicles out 
there with those defective Takata air bags which are nothing 
more than ticking time bombs.
    Just in the state of Florida, three people are dead, 83 
people are injured, as a result of these defective Takata air 
bags and that's just one state. NHTSA has really not put the 
plan together for how we are going to get these additional 1.3 
million vehicles that are out there on the road so their air 
bag can be replaced.
    I hope Ms. King will provide a detailed plan on how she 
will demand accountability from those involved in the Takata 
fiasco and finally implement a real strategy to help drivers 
get safe air bags in their vehicles.
    And by the way, just to give you a magnitude of the 
problem, this is around 40 million vehicles worldwide with 
these Takata air bags in them and in the U.S., of those that 
have been replaced, there are still 1.3 million left. And it 
has already been two or three years that we've been doing this.
    Obviously NHTSA needs to do more to increase highway 
safety, including truck safety. For example, under-ride guards 
on trucks so that cars don't slide underneath the trucks during 
collisions. The addition of this safety shield could have 
helped save the lives of many, including Lois Durso's daughter 
Roya. Lois is here with us today, along with other tireless 
advocates.
    Lois, would you raise your hand, please? Thank you for 
being here.
    And I hope Ms. King is going to have some answers for the 
Durso family on that issue.
    The National Transportation Safety Board is another very 
important independent agency, as you've said, Mr. Chairman. It 
investigates transportation accidents and promotes safety and, 
unfortunately, tragic accidents happen.
    We know all too well, each of us on this committee, in our 
states. In Florida, whether it was the sinking of the El Faro 
in the hurricane, the collapse of the Florida International 
University Pedestrian Bridge, or the recent Tesla crash, 
families of victims rely on that administrative agency to 
thoroughly investigate these accidents.
    Ms. Homendy, if you're confirmed and I certainly hope you 
are, we are going to rely on you.
    For Representative Gruters, I hope you agree that Amtrak 
really continues to be critically important to the country and 
also to Florida.
    We have in Florida a reliable, on-time, long-distance 
service to the state. We could increase it so much more, 
especially the line coming across from New Orleans as well as 
restarting that line to Jacksonville and down to Orlando. I can 
tell you those towns along the road in the Panhandle, they 
desperately want that service that was cut off after Hurricane 
Katrina. They want it restored.
    So, Mr. Chairman, thank you for having this hearing today.
    [The prepared statement of Senator Nelson follows:]

   Prepared Statement of Hon. Bill Nelson, U.S. Senator from Florida
    The three nominees before the committee today have been nominated 
for positions critical to safety, on the roads, the rails and in the 
sky.
    Ms. Heidi King has been nominated to serve as the administrator of 
the National Highway Traffic Safety Administration (or ``NHTSA'').
    NHTSA needs to be on the front lines of detecting serious vehicle 
safety defects and issuing recalls.
    And this, quite frankly, is an area where NHTSA has failed.
    For years, NHTSA has struggled with the Takata airbag inflator 
recalls.
    Recall completion rates have lagged, and the death and injury toll 
continues to rise--particularly in my home state of Florida.
    During today's hearing, I hope Ms. King will provide a detailed 
plan on how she will demand accountability from those involved in the 
Takata fiasco and finally implement a real strategy to help drivers get 
safe airbags in their vehicles as soon as possible.
    NHTSA also needs to do more to increase highway safety, including 
truck safety.
    One way to do this is to have more use of underride guards on 
trucks so that cars don't slide underneath during collisions.
    The addition of this safety shield could have helped saved the 
lives of many, including Lois Durso's daughter Roya. Lois is here 
today, along with other tireless advocates.
    And I hope Ms. King has some answers for the Durso family on that 
issue. They certainly deserve it.
    The National Transportation Safety Board is another very important 
independent agency that investigates transportation accidents and 
promotes safety.
    Unfortunately, tragic accidents happen. We know this all too well 
in my home state of Florida.
    Whether it was the sinking of the El Faro cargo ship, the collapse 
of the Florida International University pedestrian bridge or the recent 
Tesla crash, families of victims rely on the board to thoroughly 
investigate these accidents.
    Ms. Homendy, if you are confirmed, and I certainly hope you are, we 
will rely on you.
    Finally, Mr. Gruters, I hope you agree with that it is critically 
important to Florida that Amtrak continues to be a strong and safe 
agency.
    For example, Florida relies on having reliable, on-time long-
distance service to the state. Currently, many towns along the Gulf 
Coast are working to restore Amtrak service that was stopped after 
Hurricane Katrina.
    Following several deadly accidents over the last few years, safety 
must also be a top priority at Amtrak.
    Mr. Chairman, thank you again for holding this hearing. I now look 
forward to hearing from the witnesses.

    The Chairman. Thank you, Senator Nelson.
    We do have a guest with us today, a colleague from the 
other side of the Capitol, Congressman Tom Rooney, who 
represents the Sarasota area of Florida, and he and I have a 
shared constituency because a number of my constituents are at 
least part-time residents of your district. When it gets cold 
in South Dakota, everybody heads down to Florida.
    So it's great to have you here and he's here to introduce 
Mr. Gruters.
    Representative Rooney, you're recognized.

                 STATEMENT OF HON. TOM ROONEY, 
                U.S. REPRESENTATIVE FROM FLORIDA

    Mr. Rooney. Thank you, Mr. Chairman, Ranking Member Nelson.
    Good morning. It's my privilege to introduce to this 
Committee a respected community and political leader from 
Florida's 17th District, Mr. Joe Gruters, who is seeking to 
expand his service to our country as Director of the Amtrak 
Board of Directors.
    Joe Gruters is well qualified to provide the oversight and 
leadership required of an Amtrak board member. I am confident 
he will draw on his experience to help Amtrak provide safer and 
more efficient service to the riding public as Amtrak moves 
forward with improvements to its operations.
    For the last 20 years, Joe has been working at the 
grassroots level as both a party activist and a leader and is 
also an active member of multiple community organizations and 
local government boards.
    Joe previously served as the Chairman of the Sarasota 
County Planning Commission and served on the Executive Board 
and as Treasurer of the Sarasota Humane Society.
    He's also a member of the Board of Trustees for Florida 
State University where he was Chairman of the Presidential 
Compensation Committee as well as the Finance and Audit 
Committee, which was responsible for an annual budget totaling 
more than $1.7 billion.
    Joe currently serves as an elected state legislator 
representing Sarasota and Manatee Counties in the Florida 
House. Through his service, Joe has established himself as a 
leader who promotes policies that make Florida one of the best 
places to live and work.
    Joe currently works as a certified public accountant and is 
a managing partner of Paoli & Gruters, Certified Public 
Accountants, and, last but not least, Joe is a great family 
man. He and his wife Sydney are raising three young children.
    We are fortunate to have an appointment of Joe's caliber, 
willing to step up and serve on the Amtrak Board, and President 
Trump is fortunate to have somebody as respected and 
accomplished as Joe accepting the call to serve, and with that, 
Mr. Chairman, I yield back.
    The Chairman. Thank you, Representative Rooney. We 
appreciate your willingness to come over and voice your support 
for this nominee.
    And I'll ask the panel to come forward at this point. I 
think Senator Blumenthal wanted to make an introduction, as 
well, but he hasn't arrived yet. So we'll proceed. So if Mr. 
Gruters and Ms. Homendy and Ms. King would please come forward, 
we'll move forward.
    We'll start on my left, your right, with Mr. Gruters, and 
then proceed across, but welcome. Thank you again for your 
willingness to serve, and we look forward to hearing what you 
have to say and getting a chance to ask you some questions.
    So, Mr. Gruters, please proceed.

  STATEMENT OF JOSEPH GRUTERS, NOMINEE TO BE A MEMBER, AMTRAK 
                       BOARD OF DIRECTORS

    Mr. Gruters. Thank you, Chairman Thune, Ranking Member 
Nelson, and Members of the Committee, for the opportunity to 
appear before you as the President's Nominee to serve as a 
Member of the Amtrak Board of Directors.
    I also want to thank President Trump for the confidence he 
has placed in me with this appointment. I would like to thank 
Congressman Rooney for his willingness to introduce me and for 
the kind words.
    I also absolutely must thank my wife Sydney and my family. 
Without their support and help, I would not be in this position 
today.
    For nearly a half a century, through good times and bad, 
Amtrak has endeavored to be seen as a symbol of America's 
ability to get around safely and quickly. I would like to be 
part of the team that adds a third rail to this reputational 
vocabulary economically.
    Currently, I am a small business owner in Sarasota, 
Florida, where I employ seven people in two different offices. 
I have an MBA and work hard to help small and medium-sized 
companies and their owners keep more of what they earn.
    I work on both the tax and audit side of accounting and 
have experience working on government audits. My experience and 
background are grounded in making the numbers work where we try 
to maximize investment by generating optimal results.
    I believe Amtrak has the opportunity to do the same. Like 
President Trump, I believe in the possible and am willing to 
fight for it. I have been involved in public service and public 
policy since I was in college at Florida State University.
    I've long had a passion for pursuing good government, 
efficient government, and accountable government. I have had 
the opportunity to serve my community in state and numerous 
positions, including as Chairman of the Sarasota County 
Planning Commission, as a board member of the Florida Sports 
Foundation, as treasurer of the Sarasota County Humane Society, 
and as a state representative where I have served on the Joint 
Auditing Committee, as well as the Commerce and numerous 
subcommittees on the Commerce Committee.
    And so I treasure the opportunity to put my experience and 
passion to work on behalf of the Amtrak ridership and the 
American people.
    Amtrak's mission is delivering intercity transportation 
with superior safety, customer service, and financial 
excellence.
    My time on governing boards of large government 
institutions provide me with strong experience to start quickly 
in this position. This experience includes serving as the 
Finance and Audit Chairman while a Member of the Board of 
Trustees of Florida State University. The annual budget 
exceeded $1.7 billion and the university was ranked the most 
efficient in the country while I was a Member of the Board and 
Chairman of the Finance and Audit Committee.
    I would like to bring this experience and a keen eye to the 
Amtrak Board to ensure appropriate oversight.
    I recognize the need to continue to improve Amtrak's 
economic effectiveness, enhance the safety of our passenger 
rail lines, maintain the modernization of our products, and to 
continue to bolster our operational efficiencies.
    For that, we need to ensure accountable management and 
accountable control policies from the Board.
    Safety will be my top priority as a Member of the Amtrak 
Board of Directors. Tragic Amtrak accidents over the past 
several months in South Carolina, Virginia, and Washington 
State highlight the need for greater focus on safety.
    I look forward to working with the Board of Directors and 
Amtrak leadership on ways to strengthen the railroad safety, 
particularly at rail grade crossings, across the network.
    As a board member, I will work to support any and all 
efforts to ensure that positive train control is fully 
implemented on Amtrak by the deadline set forth by Congress. We 
have some serious challenges ahead in ensuring the safest, most 
reliable and efficient operations of Amtrak for the American 
people.
    I look forward to being able to utilize my experience in 
government and the private sector to work on the Board to 
ensure this happens.
    I again want to thank President Trump for this opportunity 
to serve and I'd like to thank this Committee for considering 
my nomination.
    Thank you, sir.
    [The prepared statement and biographical information of Mr. 
Gruters follow:]

      Prepared Statement of Joe Gruters, Nominee to be a Member, 
                       Amtrak Board of Directors
    Thank you, Chairman Thune, Ranking Member Nelson, and members of 
the Committee for the opportunity to appear before you as the 
President's nominee to serve as a member of the Amtrak Board of 
Directors. I also want to thank President Trump for the confidence he 
has placed in me with this appointment and I would like to thank 
Congressman Rooney for his willingness to introduce me and for the 
kinds words.
    I also absolutely must thank my wife, Sydney, and my family. 
Without their support and help, I would not be in this position today.
    For nearly half a century, through good times and bad, Amtrak has 
endeavored to be seen as a symbol of America's ability to get around 
safely and quickly.
    I would like to be a part of the team that adds a ``third rail'' to 
this reputational vocabulary: ``economically''.
    Currently, I am a small business owner in Sarasota, Florida where I 
employ 7 people in two different offices. I have an MBA and work hard 
to help small and medium sized companies and their owners keep more of 
what they earn. I work on both the tax and audit side of accounting and 
have experience working on government audits. My experience and 
background are grounded in making the numbers work, where we try to 
maximize investment by generating optimal results.
    I believe Amtrak has an opportunity to do the same.
    Like President Trump, I believe in the possible, and am willing to 
fight for it.
    I have been involved in public service and public policy since I 
was in college at Florida State University. I've long had a passion for 
pursuing good government, efficient government, and accountable 
government. I have had the opportunity to serve my community and state 
in numerous positions including as Chairman of the Sarasota Planning 
Commission, on the Board of the Florida Sports Foundation, as Treasurer 
of the Sarasota County Humane Society, and as a State Representative 
where I have served on the Joint Auditing Committee as well as the 
Commerce and numerous Commerce subcommittees.
    And so I treasure this opportunity to put my experience and passion 
to work on behalf of the Amtrak ridership and the American people.
    Amtrak's mission is ``Delivering intercity transportation with 
superior safety, customer service and financial excellence.''
    My time on governing boards of large, governmental institutions 
provide me with strong experience to start quickly in this position. 
This experience includes serving as the Finance and Audit Chairman 
while a member of the Board of Trustees of Florida State University. 
The annual budget exceeded $1.7 billion and the university was ranked 
the most efficient in the country while I was a member of the Board and 
Chairman of the Finance and Audit Committee. I would bring this 
experience and a keen eye to the Amtrak Board to ensure appropriate 
oversight.
    I recognize the need to continue to improve Amtrak's economic 
effectiveness, enhance the safety of our passenger rail lines, maintain 
the modernization of our products and to continue to bolster our 
operational efficiencies. For that, we need to ensure accountable 
management and accounting controls policies from the Board.
    Safety will be my top priority as a member of the Amtrak Board of 
Directors. Tragic Amtrak accidents over the past several months in 
South Carolina, Virginia, and Washington state highlight the need for a 
greater focus on safety. I look forward to working with the Board of 
Directors and Amtrak leadership on ways to strengthen the railroad's 
safety, particularly at rail-grade crossings across the network.
    As a Board Member, I will work to support any and all efforts to 
ensure that Positive Train Control is fully implemented on Amtrak by 
the deadlines set forth by Congress.
    We have some serious challenges ahead in ensuring the safest, most 
reliable, and efficient operations of Amtrak for the American people. I 
look forward to being able to utilize my experience in government and 
the private sector to work on the Board to ensure this happens.
    I again want to thank President Trump for this opportunity to serve 
the country. And I want to thank the committee for considering my 
nomination.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nickname used):

        Joseph Ryan Gruters
        ``Joe''

    2. Position to which nominated: Amtrak Board of Directors.
    3. Date of Nomination: February 5, 2018.
    4. Address (List current place of residence and office addresses);

        Residence: Information not released to the public.

        Offices:

        Sarasota CPA Office, 2953 Bee Ridge Rd, Sarasota FL 34241.

        Venice CPA Office, 209 S. Nassau Dr #104, Venice, FL 34285.

        Sarasota Legislative Office, 381 Interstate Blvd, Sarasota FL 
        34240.

        Tallahassee Legislative Office, 1101 The Capitol, 402 South 
        Monroe St, Tallahassee FL 32399.

    5. Date and Place of Birth: Tampa, FL; 07/06/1977.
    6. Provide the name, position, and place of employment for your 
spouse (ifmarried) and the names and ages of your children (including 
stepchildren and children by a previous marriage).

        Sydney Spence Gruters--USDA Rural Development Director--Florida 
        & U.S. Virgin Islands.

    7. List all college and graduate degrees. Provide year and school 
attended.

        University of South Florida--MBA + 5th Year of Accounting, 
        2002.

        University of Costa Rica--MBA classes, 2002.

        Florida State University--BS (Finance, Real Estate and Multi-
        National Business Operations), 1999.

    8. List all post-undergraduate employment and highlight all 
management-level jobs held and any non-managerial jobs that relate to 
the position for which you are nominated.

  a.  Paoli & Gruters CPA's--Sarasota, Florida (8/15 to present)
    i.  Managing Partner of multi office firm.
    ii.  Acquired and integrated staff and office of two different 
            firms over last 3 years.

  b.  State Representative--Sarasota, Florida District #73 (11/16 to 
        present)
    i.  Serves on the Joint Auditing Committee along with Commerce and 
            numerous business subcommittees.
    ii.  Won initial election with 65.1 percent of the vote.
    iii.  Received numerous recognitions and awards including being 
            named a Champion by the Orlando Sentinel for my work trying 
            to eliminate ``dark money''

  c.  Shinn & Company Certified Public Accountants-Sarasota, Florida 
        (1/10-7/15)
    i.  Managed and worked various projects in both attestation and non 
            attestation engagements including governmentaudits.

  d.  (YCOA) Yacht Clubs of the Americas--Fort Myers, Florida (12/06-2/
        08)
    i.  Served as Executive Vice President and manager of home office 
            during development and construction of multi-location $400+ 
            million-dollar project.
    ii.  Coordinated and managed task and staff to ensure timely 
            completion of projects on budget.

  e.  Vern Buchanan for Congress--Sarasota, Florida (5/06-12/06 & 2/08-
        12/09)
    i.  Managed all aspects of campaign including staff; consultants 
            and budget.
    ii.  According to Politico Congressman Buchanan had the largest 
            head to head increase in victory margin.

  f.  Githler Development--Sarasota, F1orida (9/04-5/06)
    i.  Coordinated various entitlement and project management related 
            task for several developments.
    ii.  Created budgets and revenue projections for various projects.

  g.  Dr. Frank Schwerin for Congress--Naples Florida (2/04-9/04)
    i.  Coordinated all campaign activities for open congressional 
            seat.
    ii.  Organized and managed campaign staff and consultants.

  h.  Buchanan Enterprises--Sarasota, Florida (11/00-05/04)
    i.  Served in numerous government affairs and business roles for 
            Vern Buchanan and his various corporate entities.
    ii.  Assisted and Coordinated numerous projects and assignments as 
            Vern Buchanan's direct special assistant and project 
            manager.

    9. Attach a copy of your resume.
    A copy is attached.
    10. List any advisory, consultative, honorary, or other part-time 
service or positions with Federal, State, or local governments, other 
than those listed above, within the last ten years.

  a.  Florida State University, Board of Trustees Member (2010-2016).
    i.  Chairman--Audit and Business Committee.
    ii.  Chairman--Presidential Compensation Committee.

  b.  Sarasota County Planning Commissioner, Chairman (2004-2010).

  c.  Florida Sports Foundation, Commissioner (2008-2010).

  d.  Sarasota City Tax. Oversight Committee (2004-2008).

  e.  University of South Florida, Community Advisory Board (2014 to 
        present).

    11. List all positions held as an officer, director, trustee, 
partner, proprietor, agent, representative, or consultant of any 
corporation, company, firm, partnership, or other business, enterprise, 
educational, or other institution within the last ten years.

        Paoli & Gruters CPA's--Officer (2015 to present).

        SJE Realty, LLC--Officer (2016 to present).

        AuditConfirm.com--Officer (2015 to present).

        GGD1, LLC--Officer (2017 to present).

        Florida State University, Board of Trustees (2010-2016).

        State of Florida House of Representatives (2016 to present).

        Harbour Point Real Estate--Officer (2006-2010).

        Humane Society of Sarasota--Treasurer (2010-2014).

        Republican Party of Sarasota--Chairman (2008 to present).

        Republican Party of Florida--Vice Chairman (2014-2016).

        Florida Right to Life--PAC Chairman (2007-2010).

    12. Please list each membership you have had during the past ten 
years or currently hold with any civic, social, charitable, 
educational, political, professional, fraternal, benevolent or 
religious organization, private club, or other membership organization. 
Include dates of membership and any positions you have held with any 
organization. Please note whether any such club or organization 
restricts membership on the basis of sex, race, color, religion, 
national origin, age, or handicap.

        A. Donald Trump for President
                a. Co-Chair of Florida (2016)

        B. Republican National Committee
                a. Platform Committee (2016)
                b. Co-Chairman of Restoring the American Dream 
                Committee (2016)

        C. Republican Party of Florida
                a. Member (2008-2018)
                b. Vice Chairman (2014-2016)

        D. Republican Party of Sarasota
                a. Member (2000-2018)
                b. Chairman (2008-2018)

        E. Florida Institute of Certified Public Accounts
                a. Member (2010-2018)

        F. Sarasota Kiwaois Club
                a. Member(2014-2017)

    None of these organizations restrict membership on any of the basis 
of sex, race, color, religion, national origin, age or handicap.
    13. Have you ever been a candidate for and/or held a public office 
(elected, non-elected, or appointed)? If so, indicate whether any 
campaign has any outstanding debt, the amount, and whether you are 
personally liable forthat debt.

        Yes

        State House 1998, 2000 & 2016
                Zero debt

        State Senate 2018
                Zero debt

    14. Itemize all political contributions to any individual, campaign 
organization, political party, political action committee, or similar 
entity of $500 or more for the past ten years. Also list all offices 
you have heldwith, and services rendered to, a state or national 
political party or election committee during the same period.
    No Contributions have been made in the amount of $500 or more.
    15. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements.

  a.  Associated Industries of Florida--Champion of Business Award 
        (2018)

  b.  Florida Chamber of Commerce--Distinguished Service Award (2018)

  c.  Florida Crime Stoppers--Legislator of the Year Award (2018)

  d.  The American Society for the Prevention of Cruelty to Animals 
        (ASPCA)--Legislative Voice for Animals. (2018)

    16. Please list each book, article, column, or publication you have 
authored, individually or with others. Also list any speeches that you 
have given on topics relevant to the position for which you have been 
nominated. Do not attach copies of these publications unless otherwise 
instructed.
    I have authored numerous guest columns and op-eds over the years 
for our local papers.

  a.  Sarasota Herald Tribune--Gruters: County should not be pursuing a 
        tax increase (May 2017)

  b.  Sarasota Herald Tribune--Gruters: Invest in Jobs and Tourism 
        (March 7, 2017)

  c.  Not Published--Gov. Scott and Legislature right to defund Planned 
        Parenthood (April 2016)

  d.  Sarasota Herald Tribune--Gruters: Scott is right on Medicaid (May 
        12, 2015)

  e.  Observer Group Papers--Gruters: Forget the punditry, Rick Scott 
        matters because results matter (January 2015)

  f.  Sarasota Herald Tribune--Gruters: Best way to help the Mexican 
        People is to seal the Border (April 28, 2010)

    17. Please identify each instance in which you have testified 
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each 
testimony. N/A.
    18. Given the current mission, major programs, and major 
operational objectives of the department/agency to which you have been 
nominated, what in your background or employment experience do you 
believe affirmatively qualifies you for appointment to the position for 
which you have been nominated, and why do you wish to serve in that 
position?
    I am honored to be selected for this position and hope that I can 
be a productive and contributing member in providing the corporate 
governance necessary to ensure Amtrak's long-term success. As a 
business owner, a Certified Public Accountant 'and former Finance and 
Audit Chair of a $1.7 Billion government entity, I am well equipped to 
bring a business perspective that will be a valuable asset to the 
board.
    19. What do you believe are your responsibilities, if confirmed, to 
ensure that the department/agency has proper management and accounting 
controls, and what experience do you have in managing a large 
organization?
    My experience includes serving as the Finance and Audit Chairman 
and as a member of the Board of Trustees of Florida State University. 
The annual Budget exceeded $1.7 Billion and the University was ranked 
the most efficient in the country while I was a member of the Board and 
Chairman of the Finance and Audit Committee. I would bring this 
experience and a keen eye to the Board to ensure appropriate management 
and accounting controls.
    20. What do you believe to be the top three challenges facing the 
department/agency, and why?

    (1) Safety/Public Perception. Safety should always be a top 
priority and would be for me. Numerous safety incidents in the news 
have damaged the perception of Amtrak in the public eye, making safety 
improvements a double priority. Amtrak recently hired a new Chief 
Safety Officer reporting directly to the CEO and will lead Amtrak in 
its implementation and operation of a Safety Management System. I'm 
also aware of the importance of implementing Positive Train Control 
(PTC), and I fully support and expect Amtrak to meet its obligations 
consistent with the law. Safety must be the top priority, and I will 
work to help achieve Amtrak's goal of being the safest railroad in 
North America.

    (2) Capital Funding. This is increasingly important for aging 
assets and directly connects to safety issues. Much of Amtrak's 
infrastructure and equipment are at or near the end of their useful 
life and must soon be addressed. I am aware that Amtrak is looking at a 
new fleet strategy plan aimed at improving, replacing and modernizing 
locomotives and passenger cars. There are also serious infrastructure 
needs, especially on the Northeast Corridor (NEC). According to the NEC 
Commission, there is an approximate $40 billion state of good repair 
backlog. This aging infrastructure already causes disruptions and costs 
the economy in lost productivity while adding to passenger 
frustrations. It is evident that sufficient long-term capital funding 
should be made available to ensure continued support of passenger rail.

    (3) Operational Efficiency. Amtrak's focus should be on maximizing 
the transportation value it creates with the Federal dollars it 
receives. To do this, the company needs to constantly grow revenue, 
drive down costs and deliver excellent customer service--just like any 
other business. One area of concern is the number of train delays, as I 
know that delays make for unhappy customers, and unhappy customers make 
for lost revenue as they seek alternative options.

    Solid operational oversight can improve service and limit delays 
for passengers. That being said, I know Amtrak's National Network is 
dependent on their host railroads and their on-time performance is poor 
and declining. For the issues where Amtrak is reliant on others for its 
operating performance, I would look to working with ourpartners, 
including Congress, to find the most appropriate solution. Amtrak is 
doing what it can to be a responsible steward of taxpayer funding and 
is continually looking for ways to maximize the benefit of the public 
investments it receives. I am encouraged by the corporation's recent 
progress in reducing its operating loss to historic levels, and I hope 
that one day Amtrak can eliminate its operating loss completely.
                   b. potential conflicts of interest
    1. Describe all financial arrangements, deferred compensation 
agreements, and other continuing dealings with business associates, 
clients, or customers. Please include information related to retirement 
accounts.
    I currently receive a salary from both the State of Florida and my 
CPA firm Paoli & Gruters, CPA's. If confirmed plan on continuing 
employment in both capacities.
    2. Do you have any commitments or agreements, formal or informal, 
to maintain employment, affiliation, or practice with any business, 
association or other organization during your appointment? If so, 
please explain.
    Yes, as listed above in question 1, I plan on continuing employment 
as a CPA and if the voters allow as a member of the Florida 
Legislature.
    3. Indicate any investments, obligations, liabilities, or other 
relationships which could involve potential conflicts of interest in 
the position to which you have been nominated.
    In connection with the nomination process, I have consulted with 
the Office of Governmental Ethics and Amtrak's Ethics Officials to 
identify potential conflicts of interest. Any potential conflicts of 
interest will be resolved in accordance with the terms of an ethics 
agreement that I have entered into with Amtrak and that has been 
provided to this Committee. I am not aware of any other potential 
conflicts of interest
    4. Describe any business relationship, dealing, or financial 
transaction, which you have had during the last ten years, whether for 
yourself, on behalf of a client, or acting as an agent, that could in 
any way constituteor result in a possible conflict of interest in the 
position to which you have been nominated.
    In connection with the nomination process, I have consulted with 
the Office of Governmental Ethics and Amtrak's Ethics Officials to 
identify potential conflicts of interest. Any potential conflicts of 
interest will be resolved in accordance with the terms of an ethics 
agreement that I have entered into with Amtrak and that has been 
provided by this Committee. I am not aware of any other potential 
conflicts of interest.
    5. Describe any activity during the past ten years in which you 
have been engaged for the purpose of directly or indirectly influencing 
the passage, defeat, or modification of any legislation or affecting 
the administrationand execution of law or public policy.
    As a local and statewide party leader I have advocated on behalf of 
the Republican Party and conservative principles on numerous issues.
    6. Explain how you will resolve any potential conflict of interest, 
including any that may be disclosed by your responses to the above 
items.
    In connection with the nomination process, I have consulted with 
the Office of Governmental Ethics and Amtrak's Ethics Officials to 
identify potential conflicts of interest. Any potential conflicts of 
interest will be resolved in accordance with the terms of an ethics 
agreement that I have entered into with Amtrak and that has been 
provided to this Committee. I am not aware of any other potential 
conflicts of interest.
                            c. legal matters
    1. Have you ever been disciplined or cited for a breach of ethics, 
professional misconduct or retaliation by, or been the subject of a 
complaint to, any court, administrative agency, the Office of Special 
Counsel, professional association, disciplinary committee, or other 
professional group? If yes:

  a.  Provide the name of agency, association, committee, or group;
    i.  Florida Board of Accountancy

  b.  Provide the date the citation, disciplinary action, complaint, or 
        personnel action was issued or initiated;
    i.  Complaint filed against me in June, 2017.

  c.  Describe the citation, disciplinary action, complaint, or 
        personnel action;
    i.  Complaint was filed against me by client of firm purchased due 
            to actions of past owner.

  d.  Provide the results of the citation, disciplinary action, 
        complaint, or personnel action.
    i.  Complaint was investigated and dismissed at probable cause 
            hearing and is not public record as it did not move forward 
            to Board for consideration.

    2. Have you ever been investigated, arrested, charged, or held by 
any Federal, State, or other law enforcement authority of any Federal, 
State, county, or municipal entity, other than for a minor traffic 
offense? If so, please explain. No.
    3. Have you or any business or nonprofit of which you are or were 
an officer ever been involved as a party in an administrative agency 
proceeding, criminal proceeding, or civil litigation? If so, please 
explain. No.
    4. Have you ever been convicted (including pleas of guilty or nolo 
contendere) of any criminal violation other than a minor traffic 
offense? If so, please explain. No.
    5. Have you ever been accused, formally or informally, of sexual 
harassment or discrimination on the basis of sex, race, religion, or 
any other basis? If so, please explain. No.
    6. Please advise the Committee of any additional information, 
favorable or unfavorable, which you feel should be disclosed in 
connection with your nomination. N/A.
                     d. relationship with committee
    1. Will you ensure that your department/agency complies with 
deadlines for information set by Congressional committees? Yes.
    2. Will you ensure that your department/agency does whatever it can 
to protect congressional witnesses and whistle blowers from reprisal 
for their testimony and disclosures? Yes.
    3. Will you cooperate in providing the Committee with requested 
witnesses including technical experts and career employees, with 
firsthand knowledge of matters of interest to the Committee? Yes.
    4. Are you willing to appear and testify before any duly 
constituted committee of the Congress on such occasions as you may be 
reasonably requested to do so? Yes.
                                 ______
                                 
                     Resume of Joseph Ryan Gruters
Education
University of South Florida--Tampa, Florida
   Masters of Business Administration (December 2002)

   Specializations: Finance, International Business, Management

   Fifth Year of Accounting
University of Costa Rica--San Jose, Costa Rica
   Completed graduate work during a summer semester (Summer 
        2002)
Florida Stare University--Tallahassee, Florida
   Bachelors of Science (December 1999)

   Triple Major: Finance, Real Estate, & Multi-National 
        Business Operation
Employment History
Paoli & Gruters CPA's, CPA--Owner, August 15 present
   Manage firm and serve as trusted professional for numerous 
        businesses and families.

   Purchased Paoli & Company and merged firms together.

   Developed and currently marketing two computer applications 
        to Financial Institutions and CPA Firms.
Shinn & Company, CPA--Tax Manager, Jan 10-July 15
   Prepare/Review Federal & State Returns

   Prepare various special engagement projects for clients.
Vern Buchanan for Congress--Sarasota, Florida, Campaign Manager, Feb 
        08-Dec 09
   Created and implemented strategy to increase win from 369 
        votes in 2006 to over 66,415 in 2008. Followingthe 2008 
        election, Congressional Quarterly reported that Buchanan had 
        the largest increase in victory margin in the entire country

   Coordinated efforts of all Campaign Consultants, Volunteers 
        and Staff
YCOA--Fort Myers, Florida, Executive Vice President--Government 
        Relations and Operations, Dec 06-Feb 08
   Coordinate entitlement activities for five projects.

   Prepare Budgets and Pro-Forma's for current and potential 
        projects

   Negotiate various contracts with contractors for various 
        aspects of project

   Coordinate all information and project managers for five 
        projects being developed simultaneously.
Vern Buchanan for Congress--Sarasota, Florida, Political Director, May 
        06-Dec 06
   Coordinated all ground game and field operations for open 
        congressional seat.

   Coordinated efforts of 15 campaign staff members and 
        numerous volunteers.

   Originally offered Campaign Manager position but came in May 
        to fill GAP in STAFF.
Githler Development--Sarasota, Florida, Project Manager/Coordinator, 
        Government Relations, Sep 04-May 06
   Coordinated various entitlement and project management 
        related task for several developments.

   Created budgets and revenue projections for various projects 
        and potential projects,
   Responsible for finding, applying for and lobbying 
        successfully on behalf of a project to receive a $l00,000 grant 
        from government.
Dr. Frank Schwerin for Congress--Naples, Florida, Campaign Manager, Feb 
        04-Sep 04
   Coordinated all campaign activities for open congressional 
        seat.

   Organized and managed campaign staff and consultants.
Buchanan Automotive Group & Buchanan Enterprises--Sarasota, Florida, 
        Director of Governmental Affairs & Special Assistant to Vern 
        Buchanan, Oct. 00-May 04
   Handled all Government Affairs and Community Relations 
        projects over a four year period full time and continued on as 
        Consultant for next 5 years.
Cardinal Mooney High School--Sarasota, Florida, Swim Coach, Fall 00-01
Richard Bass Real Estate Appraisals, Real Estate Appraiser, March 00-
        Oct 00
Florida State University, Student Government Association, Director of 
        Student Lobbying, May 99-Dec 99
Community
Present
   Florida House of Representatives

     Elected in November 2016 representing Sarasota and 
            Manatee Counties to represent Florida's 73rd State House 
            District.

     Leading the fight on economic development bills in 
            coordination with Governor Rick Scott.

   Donald Trump for President Campaign.

     Florida Co-Chairman

     Recruited and organized all original County Grassroots 
            Chairman and was one of the lead press contacts in Florida 
            during primary. Continued as press surrogate throughout 
            genera] election and was the Master of Ceremonies in 
            majority of Florida events

     Served as Co-Chairman of the Economy Jobs and Debt 
            Subcommittee at the Republican Convention and served as one 
            of two Trump Point people during full committee hearings.

     One of 29 Electoral College Members

   Florida State University, Board of Trustee (Appointed by 
        Governor Rick Scott)

     Chairman, Finance and Audit Committee overseeing a 
            $1.6 Billion Dollar Budget

     Former Chairman, Presidential Compensation Committee

     Former Chairman, Student Affairs Committee

     Former AD Search Committee Member

   Republican Party of Florida, Vice Chairman

     Chairman, Voter Turnout Committee

     Former Chairman, Technology Committee

     Former Chairman, 16th Congressional District Caucus

   University of South Florida, Community Leadership Council 
        Sarasota Branch Member

   Republican Executive Committee of Sarasota, Chairman

     Extensive Media experience, regular appearances on 
            local and statewide television as well as source for 
            Political Stories throughout Florida

     Hosted several of the largest political fundraisers 
            and rallies in Florida

     Took top of ticket from 211 vote margin in 2008 to 
            15,385 votes in 2012 and to 26,422 votes in 2016. Led State 
            in AB return percentage
Past
   Florida Right to Life PAC Chairman

   Florida Sports Foundation Board Member (Appointed by 
        Governor)

   Mitt Romney Florida Delegate, 2012 Republican National 
        Convention

   Sarasota County Planning Commissioner, Chairman

   Humane Society of Sarasota, Treasurer

   City of Sarasota, Citizens Tax Oversight Committee

   Conference Center Task Force, Finance Committee Chairman

   Downtown Partnership of Sarasota, Board Member

   Young Professionals Group, Board Member, Leadership Chairman

   USTA Men's League Coordinator for Region #5, Florida

   Greater Sertoma Club of Sarasota, Board Member

   Young Republicans of Sarasota, President

   Doubles for Deb, Board Member

   Winefest--Uncorked, Board Member

   Leadership Sarasota graduate

   WLSS 930 AM Cardinal Mooney High School football color 
        commentator

   USTA, Team Captain, Regional Champs Men's team 2001, 2002 & 
        2003, Mixed Team 2000, 2003 & 2005

   Tomahawk Party, Founding Member and Nominee for Student 
        President at Florida State University

   Florida State University Water Polo, Team Member

   Cardinal Mooney H.S., Class President, Editor-in-Chief/
        Newspaper, 14 Varsity Letters

    The Chairman. Thank you, Mr. Gruters.
    Ms. Homendy.
    Senator Blumenthal. Mr. Chairman, I wonder if I might be 
recognized to----
    The Chairman. Senator Blumenthal for, yes, an introduction.
    Senator Blumenthal. Thank you very much. I apologize for 
being late but we have other committees meeting as often 
happens.

             STATEMENT OF HON. RICHARD BLUMENTHAL, 
                 U.S. SENATOR FROM CONNECTICUT

    Senator Blumenthal. I'm very pleased to introduce Ms. 
Jennifer Homendy, who currently serves as the Democratic Staff 
Director for the Subcommittee on Railroads, Pipelines, and 
Hazardous Materials for the Committee on Transportation and 
Infrastructure in the House of Representatives.
    Most important, Ms. Homendy was born in Connecticut. Her 
family continues to live in Plainville, Farmington, 
Southington, and New Britain area. Some of them may be here 
today. I hope they are. We're very proud of all the great work 
you've done, Ms. Homendy, particularly in the area of safety 
and protecting consumers who use our transportation in the 
United States.
    You have been involved in oversight over the NTSB, which is 
a vital safety agency, tasked with investigating major 
accidents and providing recommendations to literally save 
lives, and few Members of this Committee or perhaps the Senate 
have become as familiar with the work of the NTSB as I and you 
have been over the recent years.
    I'm very proud of the safety expertise and background that 
you will bring to the Board of the National Transportation 
Safety Board and so I'm very honored to recommend you to the 
Committee and introduce you today.
    Thank you.
    The Chairman. Thank you, Senator Blumenthal.
    Ms. Homendy, please proceed.

   STATEMENT OF JENNIFER L. HOMENDY, NOMINEE TO BE A MEMBER, 
          NATIONAL TRANSPORTATION SAFETY BOARD (NTSB)

    Ms. Homendy. Thank you, Chairman Thune, Ranking Member 
Nelson, and Members of the Committee, and thank you, Senator 
Blumenthal, for your kind words and for your unwavering 
commitment to safety over the years.
    Although Virginia is now my home, Connecticut will always 
be where my heart lives.
    It's an honor to be here today as you consider my 
nomination to the NTSB. I'm extremely grateful to Senator 
Schumer for recommending me, President Trump for nominating me, 
and Ranking Members DeFazio and Capuano for their support and 
for their faith in me and my work over the past 14 years on the 
Transportation and Infrastructure Committee.
    Before I begin, I'd like to introduce my family. My husband 
Mike is my best friend and my biggest cheerleader and the most 
amazing father to my 10-year-old daughter Alexandra, who may 
very well appear before you one day as a NASA nominee, given 
her excellent grades in math and science and obsession with 
Star Wars and the National Air and Space Museum, or she will 
work at Disney World. So either way, she is well on her way to 
becoming your constituent, Senator Nelson.
    Also joining me today are my parents, Sante and Nancy 
Esposito, my brother Brian, my sister-in-law Danielle, and many 
close friends and colleagues, including NTSB Member Wiener, 
Member Dinh-Zarr, and many NTSB staff.
    I'm here today because I believe strongly in public 
service. My father spent his entire career as a public servant 
in the House of Representatives, retiring in 1998. He and my 
mother worked hard to instill in us the importance of serving 
others, to serve God, and a strong conviction that the actions 
of just one person can make a tremendous difference in the 
world.
    I believe those values are reflected in my work on the 
Transportation Committee and how to explain why I'm so 
passionate about safety.
    In 1998, a pipeline explosion destroyed a home in South 
Riding, Virginia, killing a mother of two. The NTSB 
investigated the accident and determined that had an excess 
flow valve been installed on the line, the explosion never 
would have occurred. The NTSB had been pushing for excess flow 
valves for nearly 30 years.
    In 2006, you passed the PIPES Act and implemented that 
recommendation. There is no doubt that your actions save lives 
and I'm proud that I was one of the lead negotiators on that 
bill and that 5 years later, you extended the requirement to 
other facilities.
    I believe the NTSB saves lives. The Board's work informs 
decisionmaking of regulators and Congress. They help industries 
identify deficiencies and make vital safety improvements, and 
they provide hope to grieving families that something positive 
will come from their tragic loss.
    Over the past 14 years, I've listened closely as families 
recount the tragedies they've experienced. I understand their 
need for answers and their strong desire to find solutions to 
prevent future accidents and loss of life.
    I listened to Susan Connolly, Jed Miller, and the residents 
of Baker Estates, a mobile home park in Battle Creek, Michigan. 
They welcomed me into their homes and businesses after a major 
oil pipeline ruptured and went undetected for 17 hours.
    I listened to Vicky and Dennis Moore, whose 16-year-old son 
died at a grade crossing accident in Ohio in 1995. It was a 
passive crossing with no active warning devices, much like the 
crossing where my father's cousin was killed in 1982.
    I listened to Rebecca and Steven Seeling, who visited me 
following the death of their son Chris in 2005. Chris was a 
locomotive engineer who was killed along with eight others in a 
PTC preventable chlorine accident in Graniteville, South 
Carolina, and you listened, too.
    Throughout the past 14 years, I've watched each of you move 
legislation that makes significant strides in safety, often 
closing longstanding NTSB recommendations that were issued in 
response to these and other tragedies. Thank you so much for 
allowing me to be part of that.
    In closing, I'd like to take a moment to address the people 
who made this possible, the hard-working women and men at the 
NTSB.
    Thank you all for your expertise, for your steadfast 
commitment to safety, and for your advocacy and guidance over 
the years. Without you, the voices of these families and many 
others may never have been heard.
    If confirmed, I consider it a great honor and privilege to 
serve my country and work with this Committee to improve safety 
across all the modes of transportation.
    Thank you, and I look forward to answering your questions.
    [The prepared statement and biographical information of Ms. 
Homendy follow:]

  Prepared Statement of Jennifer L. Homendy, Nominee to be a Member, 
              National Transportation Safety Board (NTSB)
    Thank you, Chairman Thune, Ranking Member Nelson, and Members of 
the Committee. I am honored to appear before you today as you consider 
my nomination to be a Member of the National Transportation Safety 
Board (NTSB or Board). I am extremely grateful to Senator Schumer for 
recommending me. President Trump for nominating me, and Ranking Members 
DeFazio and Capuano for their support and, most importantly, for their 
faith in me and my work over the past 14 years on the Committee on 
Transportation and Infrastructure (T&I Committee). It has truly been an 
honor to work for what I believe is the greatest legislative body in 
the world.
    I would like to thank Senator Blumenthal from my home State of 
Connecticut for his unwavering commitment to safety. Although Virginia 
is now my home, Connecticut will always be where my heart lives. I 
would also like to thank NTSB Member Dinh-Zarr, Member Weener, and NTSB 
staff for joining me today, and your staff--in particular, Devon 
Barnhart, Patrick Fuchs, Adrian Arnakis, and Fern Gibbons--who have 
been tremendous partners over the years in our pursuit to improve 
transportation safety.
    Before I begin, I would like to introduce some of my family and 
friends. My husband, Mike, is my best friend, my biggest cheerleader, 
and the most amazing father to our 10-year-old daughter, Alexandra 
(Lexi). Lexi may very well appear before you one day as a nominee for 
the National Aeronautics and Space Administration given her excellent 
grades in math and science and obsession with Star Wars and the 
National Air and Space Museum.
    Also joining me today are my parents, Sante and Nancy Esposito, my 
brother, Bryan, my sister-in-law, Danielle, and my close friends, 
Cathey Capozziello and her two children, Sarah Belle and Mary Danz, 
Karen Hart and her two children, Ava and Roman, and Debbie Stokes. My 
brother, Mike, and my sister, Erin, and their families and my in-laws, 
Edward and Cathy Homendy, are viewing today's hearing from their homes.
    There are a few things I would like for you to know about me as you 
consider my nomination.
    First, I believe strongly in public service. My father spent his 
entire career as a public servant for the Legislative Commissioners' 
Office of the Connecticut General Assembly, the Congressional Budget 
Office, the House Committee on Budget, and the T&I Committee, where he 
retired in 1998. He and my mother worked hard to instill in us from a 
very early age the importance of serving others, to serve God, and a 
strong conviction that the actions of just one person can make a 
tremendous difference in the world.
    I believe those values are reflected in my work as Democratic Staff 
Director of the Subcommittee on Railroads, Pipelines, and Hazardous 
Materials of the T&I Committee, a position I have held since June 2004. 
If confirmed, I believe my extensive background in rail, pipeline, and 
hazardous materials safety will provide modal balance to the Board. Of 
the NTSB's 40 ongoing major accident investigations, 13 involve freight 
or passenger railroads, including the February 4, 2018, collision of an 
Amtrak train and CSX freight train in Cayce, South Carolina, and the 
December 18, 2017, Amtrak derailment near DuPont, Washington. Four 
additional ongoing accident investigations involve natural gas 
pipelines, including the August 2, 2017, gas explosion at the Minnehaha 
Academy in Minneapolis, Minnesota.
    Second, I am passionate about safety. In 1998, the NTSB 
investigated a natural gas pipeline explosion and fire that destroyed a 
newly constructed home in South Riding, Virginia. A family of four was 
spending their first night in their new home. Around midnight, natural 
gas from a hole in the service line to the house entered the basement 
where it was ignited by the pilot light on the water heater, killing 
the mother and severely injuring the father.
    The NTSB determined that had an excess flow valve been placed on 
the line, the explosion never would have occurred. The NTSB had been 
recommending the installation of excess flow valves for nearly 30 
years.
    In 2006, Congress took action and implemented that recommendation 
in the Pipeline Inspection, Protection , Enforcement, and Safety Act 
(PIPES Act) (P.L. 109-468) by requiring natural gas pipeline operators 
to install excess flow valves on all new or replaced single family 
residential service lines. Congress extended that requirement to multi-
family residences and small commercial facilities in the Pipeline 
Safety, Regulatory Certainty, and Job Creation Act of 2011 (P.L. 112-
90). I am proud to have been one of the lead negotiators on both of 
those laws.
    Following enactment of the PIPES Act, the NTSB staff presented me 
with an excess flow valve that remains on my desk as a daily reminder 
of the importance of what we do on Capitol Hill--and what the 
hardworking men and women at the NTSB do--on a daily basis for our 
great Nation.
    The NTSB saves lives. The Board's work informs decision-making by 
regulators and Congress. It helps industries identify deficiencies and 
make vital safety improvements, and provides hope to grieving families 
that something positive will come from their tragic loss.
    Over the past 14 years, I have listened closely to families as they 
recount the tragedies they have experienced. I understand their need 
for answers and their strong desire to find solutions to prevent future 
accidents and loss of life.
    I listened to the Connollys, the Millers, and the residents of 
Baker Estates, a mobile home park in Battle Creek, Michigan, who 
welcomed me into their homes and businesses in 2010 when the T&I 
Committee investigated a major oil pipeline rupture that was not 
discovered or addressed for 17 hours.
    I listened to the Moores, who testified before the T&I Committee 
about improving safety at grade crossings. Their 16-year-old son, Ryan, 
and two others died in a grade crossing accident in Northeastern Ohio 
in 1995. It was a passive crossing with no active warning devices, much 
like the crossing in North Carolina where my father's cousin was killed 
in 1982.
    I listened to the Seelings, who visited Chairman Oberstar and me 
following the death of their son, Chris, in 2005. Chris was a 
locomotive engineer who was killed when his freight train was diverted 
from the main line to an industry track where it struck an unoccupied, 
parked train, similar to the circumstances surrounding the Cayce, South 
Carolina, accident this past February.
    Three tank cars on Chris' train contained chlorine, and one of them 
breached. The entire area was overwhelmed with chlorine gas. As a 
result, nine people died of chlorine gas inhalation: Chris, six workers 
at the Avondale Mills textile plant, which was adjacent to the track, a 
truck driver who was at one of the plant facilities, and a nearby 
resident. More than 550 people were taken to hospitals, 75 of whom were 
admitted for treatment, and about 5,400 others were evacuated for 
several days.
    The cause of the accident was a misaligned switch and the NTSB 
determined that Positive Train Control (PTC) would have prevented it.
    Throughout the past 14 years, I have watched Members of Congress 
spend countless hours meeting with families struck by tragic accidents 
and moving legislation that makes significant strides in safety, often 
closing longstanding NTSB recommendations that were issued in response 
to these and other tragedies. Thank you so much for allowing me to be 
part of that.
    In closing, I would like to take a moment to address the people who 
made that possible. To the NTSB Members and staff: Thank you for your 
expertise, for your steadfast commitment to safety, and for your 
advocacy and guidance over the years. Without you, the voices of these 
families and many others may never have been heard.
    If confirmed, I would consider it a great honor and privilege to 
serve my country at the Board and work with this Committee to improve 
safety across all of the modes of transportation.
    Thank you again for this opportunity, and I look forward to 
answering your questions.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used):

        Jennifer Lynn Homendy
        Jennifer Esposito Homendy
        Jennifer Lynn Esposito (maiden name)

    2. Position to which nominated: Member, National Transportation 
Safety Board (NTSB).
    3.Date of Nomination: April 12, 2018.
    4. Address (List current place of residence and office addresses):

        Residence: Information not released to the public.
        Office: Committee on Transportation and Infrastructure, 590 
        Ford House Office Building, U.S. House of Representatives, 
        Washington, DC 20515.

    5. Date and. Place of Birth: November 26, 1971; New Britain, CT.
    6. Provide the name, position, and place of employment for your 
spouse (if married) and the names and ages of your children (including 
stepchildren and children by a previous marriage).

        Michael Homendy (spouse), Software Development Manager, 
        Robbins-Gioia, LLC.

    7. List all college and graduate degrees. Provide year and school 
attended.

        The Pennsylvania State University, Bachelor of Arts, 
        Humanities, 1994.

    8. List all post-undergraduate employment, and highlight all 
management-level jobs held and any non-managerial jobs that relate to 
the position for which you are nominated.

        Democratic Staff Director, Subcommittee on Railroads, 
        Pipelines, and Hazardous Materials, Committee on Transportation 
        and Infrastructure, U.S. House of Representatives, June 2004 to 
        present.

        Legislative Representative, International Brotherhood of 
        Teamsters, 1999 to June 2004.

        Legislative Representative, Transportation Trades Department, 
        AFL-CIO, 1997-1999.

        Manager of Government Relations, American Iron and Steel 
        Institute, 1996-1997 (Legislative Assistant, 1996).

        Senate Assistant, National Federation of Independent Business 
        (NFIB), 1994-1996.

    Following graduation from The Pennsylvania State University in 
September 1994, I served as a paid temporary staff assistant for 
Congressman Lamar Smith (R-TX). I was offered a permanent position but 
declined because I accepted a position with the NFIB. Immediately prior 
to graduation, I worked as an intern for Senator Arlen Specter (R-PA, 
at the time) in his Harrisburg, Pennsylvania district office.
    9. Attach a copy of your resume.
    See attached resume.
    10. List any advisory, consultative, honorary, or other part-time 
service or positions with Federal, State, or local governments, other 
than those listed above, within the last ten years.
    I have not held any advisory, consultative, honorary, or other 
part-time service or positions with Federal, State, or local 
governments other than those listed above, within the last ten years.
    11. List all positions held as an officer, director, trustee, 
partner, proprietor, agent, representative, or consultant of my 
corporation, company, firm, partnership, or other business, enterprise, 
educational, or other institution within the last ten years.
    2017 to present: President, Baffa Academy Association, a parent 
association for my daughter's dance academy (not compensated). In 
accordance with the terms of an ethics agreement that I have entered 
into with the NTSB's Designated Agency Ethics Official (DAEO) and that 
has been provided to this Committee, upon confirmation, Iwill resign 
from this position. For a period of one year after my resignation, I 
will not participate personally and substantially in any particular 
matter involving specific parties in which the parent association of a 
dance academy is a party or represents a party, un1ess I am first 
authorized to participate, pursuant to 5 C.F.R. Sec. 2635.502(d).
    On and off from 2010-2016: Board Member and President of the River 
Meadows Community Association (not compensated).
    2012-2015: Partner, Mommy Trader Movement, LLC (MTM), 
Fredericksburg, Virginia (not compensated). MTM was initially formed to 
help 5,000 local mothers buy, sell, and trade used toys, c1othing, 
furniture, and other items through a Facebook group page. to help 
reduce family expenses. Over time, MTM expanded to host events that 
raised funds for the benefit of a local YMCA financial hardship 
campaign and various Fredericksburg families-in-need. MTM also 
organized classes aimed at reducing costs for families; promoted local 
family-friendly events and smallbusinesses; and published family-
friendly artic1es in Fredericksburg Parent and Family magazine. 
Articles I authored, individually or with others, are listed under 
Question #16.
    12. Please list each membership you have had during the past ten 
years or currently hold with any civic, social, charitable, 
educational, political, professional, fraternal, benevolent or 
religious organization, private club, or other membership organization. 
Include dates of membership and any positions you have held with any 
organization. Please note whether any such club or organization 
restricts membership on the basis of sex, race, color, religion, 
national origin, age, or handicap.

   Member, Trinity Episcopal Church (Fredericksburg, VA) (2016 
        to present);

   Member, St Mary's Catholic Church (Fredericksburg, VA) 
        (2015-2016)

   Member, Fredericksburg Country Club (2015 to present)

   Member, YMCA (Fredericksburg, VA) (October 2017 to present)

   Member, Cape Fear Triathlon Club (January 2018 to present)

   Member, USA Triathlon (January 2014 to present)

   President, Baffa Academy Association (August 2017 to 
        present, see Question #11)

   Member, American College of Sports Medicine (2013 to 
        present)

   Member, Fredericksburg Cycle Club (2014)

    None of the above organizations restrict membership on the basis of 
sex, race, color, religion, national origin, age, or handicap.
    13. Have you ever been a candidate for and/or held a public office 
( elected, non-elected, or appointed)? If so, indicate whether any 
campaign has any outstanding debt, the amount, and whether you are 
personally liable for that debt. No.
    14. Itemize all political contributions to any individual, campaign 
organization, political party, political action committee, or similar 
entity of $500 or more for the past ten years. Also list all offices 
you have held with, and services rendered to, a state or national 
political party or election committee during the same period.
    I have not made any political contributions to any individual, 
campaign organization, political party, political action committee, or 
similar entity of $500 or more in the past 10 years.
    With respect to the second request, I have not held an office with 
a state or national political party or election committee. However, I 
volunteered with the Democratic Party of Virginia for voter 
registration in 2016 and for the Get Out The Vote campaign for Barack 
Obama in 2012 (door-to-door canvassing and telephone calls to campaign-
provided lists). In addition, I volunteered for Peter DeFazio for 
Congress in 2012 and 2014 (phone calls to campaign-provided lists), and 
for Tom Perriello's campaign in 2010 (phone calls to campaign-provided 
lists).
    15. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements.

        Fellow, 115th Congress, Stennis Center for Public Leadership

        Honorary Recognition and Membership Award, United 
        Transportation Union, adopted by the Board of Directors by 
        resolution in 2007, in recognition of my ``immeasurable 
        assistance in support of railroad workers and their welfare.''

    16. Please list each book, article, column, or publication you have 
authored, individually or with others. Also list any speeches that you 
have given on topics relevant to the position for which you have been 
nominated. Do not attach copies of these publications unless otherwise 
instructed.
    I have not authored, individually or with others, any books or 
publications.
Articles and columns
    Although they are not relevant to the position for which I have 
been nominated, I authored (individually and with others) a column in 
Fredericksburg Parent and Family Magazine in 2013 called Frugal Living 
with Mommy Trader Movement. I also authored two articles in Penn State 
Harrisburg's The Capital Times (student newspaper) in 1993.

   Frugal Living with Mommy Trader Movement: Giving Back to Our 
        Community, Fredericksburg Parent and Family Magazine, November 
        2013

   Frugal Living with Mommy Trader Movement: Dress to Impress 
        for Less, Fredericksburg Parent and Family Magazine, August 
        2013

   Frugal Living with Mommy Trader Movement: 25 Free or Cheap 
        Things to Do in Fredericksburg and Beyond, Fredericksburg 
        Parent and Family Magazine, July 2013

   Frugal Living with Mommy Trader Movement: Make Your Own 
        Beauty Products, Fredericksburg Parent and Family Magazine, May 
        2013

   Frugal Living with Mommy Trader Movement: Making Money on 
        Household Cleaners, Fredericksburg Parent and Family Magazine, 
        April 2013

   Frugal Living with Mommy Trader Movement: Trim Your 
        Waistline and Your Wallet, Fredericksburg Parent and Family 
        Magazine, February 2013

   Strategy for Sensible Eating, Penn State Harrisburg's The 
        Capital Times, October 25, 1993

   Aquatic Aerobics, Penn State Harrisburg's The Capital Times, 
        October 25, 1993
Speeches
    Since 2004, as Democratic Staff Director of the Subcommittee on 
Railroads, Pipelines, and Hazardous Materials, I have participated in 
numerous panel discussions on the legislative outlook in Congress and 
various railroad, pipelines, and hazardous materials transportation 
issues. I did not keep a list of those panel discussions, but I have 
appeared before the following organizations: the American Public 
Transportation Association, the American Association of State Highway 
and Transportation Officials, Women in Transportation Seminar, Women in 
GovernmentRelations, the Transportation Trades Department, AFL-CIO, the 
One Rail Coalition, the Association of American Railroads, the 
International Brotherhood of Locomotive Engineers and Trainmen, and the 
International Brotherhood of Teamsters.
    17. Please identify each instance in which you have testified 
orally or in w1iting before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each 
testimony.
    I have not testified orally or in writing before Congress in a 
governmental or nongovernmental capacity.
    18. Given the current mission, major programs, and major 
operational objectives of the department/agency to which you have been 
nominated, what in your background or employment experience do you 
believe affirmatively qualifies you for appointment to the position for 
which you have been nominated, and why do you wish to serve inthat 
position?
    I am passionate about transportation safety. I have worked on 
surface transportation safety issues and some aviation safety issues 
(related to hazmat transportation) for more than 20 years, nearly 14 of 
which as the Democratic Staff Director of the Subcommittee on 
Railroads, Pipelines, and Hazardous Materials for the Committee on 
Transportation and Infrastructure of the U.S. House of Representatives.
    During that time, I have worked extensively with the NTSB, the 
Department of Transportation (DOT), the DOT's Inspector General, the 
Amtrak Inspector General, the Government Accountability Office, and 
transportation stakeholders to improve safety. I have also worked to 
implement many of the NTSB's Most Wanted List of Safety Improvements, 
including, but not limited to, recommendations on fatigue; worker 
training; implementing Positive Train Control; retrofitting rail tank 
cars that transport crude oil and other flammable liquids; installing 
excess flow valves on certain distribution pipelines; enhancing drug 
and alcohol testing of transportation workers; providing safety-
critical information about pipelines to State and local emergency 
responders; and improving the safety of transporting hazardous 
materials.
    Prior to my work on Capitol Hill, I served as a Legislative 
Representative for the International Brotherhood of Teamsters and the 
Transportation Trades Department, AFL-CIO, where I also focused on 
transportation safety.
    Although I am not a fire fighter, I am certified in Core HazMat 
Operations and Mission-Specific PPE and Product Control, as prescribed 
by the National Fire Protection Association's 472 Standard for 
Competence of Responders to Hazardous Materials/Weapons of Mass 
Destruction Incidents, and accredited through the National Board on 
Fire Service Professional Qualifications. This course, developed and 
provided by the International Association of Fire Fighters, trains fire 
fighters on how best to respond to transportation accidents involving 
hazardous materials. Throughout my career, I have worked extensively to 
strengthen safety and training standards for fire fighters, hazmat 
teams, and other first responders.
    I believe the work conducted by the NTSB saves lives, and I would 
be honored to serve our Nation and the public as a Member of the Board 
to improve transportation safety.
    19. What do you believe are your responsibilities, if confirmed, to 
ensure that the department/agency has proper management and accounting 
controls and what experience do you have in managing a large 
organization?
    If confirmed, I will work with the Chairman and other Members and 
staff of the Board, including the Managing Director and Chief Financia1 
Officer, to ensure the Board effectively utilizes, manages, and 
conducts oversight of the agency's resources.
    20. What do you believe to be the top three challenges facing the 
department/agency, and why?
    Adapting to new technologies. Technology is changing the way we 
live, work, and travel--from unmanned aircraft systems and automated 
vehicles to positive train control and consumer products powered by new 
technologies. Many of these new technologies, if implemented safely and 
reliably, could significantly reduce the number of transportation 
accidents, potentially saving tens of thousands of lives.
    Technology also plays a significant role in accident response and 
investigation techniques, with the NTSB and numerous State and local 
response agencies now utilizing drones to assess accident scenes. All 
of this means the Board and staff must stay on top of emerging 
technology in the transportation industry, which requires substantial 
and continual training, the time to provide such training given the 
number of accidents and limited number of NTSB investigators, and the 
ability to purchase equipment to conduct complex accident 
investigations.
    Addressing drug and alcohol abuse in transportation. Illicit drug 
use is a national epidemic. According to the Substance Abuse and Mental 
Health Services Administration, more than 26 million Americans aged 18 
or older are illicit drug users, an increase from annual 2002 through 
2015 levels.
    The NTSB lists ``Ending Alcohol and Drug Impairment in 
Transportation'' as one of its most wanted safety improvements. Since 
2000, the NTSB has investigated 381 fatal accidents involving drugs 
(medication or other substances) or alcohol. This does not encompass 
all transpo1iation accidents involving drugs or alcohol since the NTSB 
investigates only significant accidents in the surface and water-borne 
modes of transportation.
    While the number of transportation accidents involving the use of 
drugs or alcohol is low compared to the total number of transportation 
accidents in the United States, positive drug testing rates among 
transportation workers are on the rise. According to the NTSB, ``About 
8 percent of workers involved in rail accidents so far in 2016 
havetested positive for drug use, including marijuana, cocaine, 
ecstasy, benzodiazepine, oxycontin, and morphine. That number is the 
highest since the [Federal Railroad Administration] began keeping 
records in 1987, and three times greater than it was 10 years ago.'' 
The Pipeline and Hazardous Materials Safety Administration also 
received reports from pipeline operators and contractors of higher drug 
and alcohol testing rates, prompting the agency to increase operator 
testing from 25 percent to 50 percent of the regulated workforce for 
calendar year 2018.
    Reducing human factor-caused accidents in all modes of 
transportation. Accidents caused by human factors constitute the 
largest category of accidents in all modes of transportation. In rail, 
for example, human factors accounted for 38 percent of all train 
accidents, or 26 percent of all commuter and intercity passenger rail 
accidents, from 2011 through 2016. Technologies, such as positive train 
control, can help prevent human factor-caused accidents, but we also 
need to address the underlying issues that lead to these accidents, 
including fatigue, inattention, and distraction.
                   b. potential conflicts of interest
    1. Describe all financial arrangements, deferred compensation 
agreements, and other continuing dealings with business associates, 
clients, or customers. Please include information related to retirement 
accounts.
    I have no financial arrangements, deferred compensation agreements, 
or other continuing dealings with business associates, clients, or 
customers. I have a Thrift Savings Plan and I participate in the 
Federal Employees Retirement System, a defined benefit retirement plan. 
Information related to my spouse's retirement account is fully 
described in Part 3 of my Executive Branch Personnel Public Financial 
Disclosure.
    2. Do you have any commitments or agreements, formal or informal, 
to maintain employment, affiliation, or practice with any business, 
association or other organization during your appointment? If so, 
please explain. No.
    3. Indicate any investments, obligations, liabilities, or other 
relationships which could invo1ve potential conflicts of interest in 
the position to which you have been nominated.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the NTSB's DAEO to identify 
potential conflicts of interest. I agreed to take those actions that 
are outlined in the letter to the DAEO; a copy is enclosed. These 
commitments constitute my ethics agreement as identified in the ethics 
regulations.
    As explained in my ethics agreement, my spouse is employed by 
Robbins-Gioia, LLC, from which he receives a fixed annual salary and 
bonus tied to his performance. For as long as my spouse continues to 
work for Robbins-Gioia, LLC, I will not participate personally and 
substantially in any particular matter involving specific parties in 
which I know my spouse's employer or any client of my spouse is a party 
or represents a party, unless I am first authorized to participate, 
pursuant to 5 C.F.R. Sec. 2635.502(d).
    Additionally, upon my confirmation, I will resign from my position 
as President of the Baffa Academy Association, a parent association of 
my daughter's dance academy. For a period of one year after my 
resignation, I will not participate personally and substantially in any 
particular matter involving specific parties in which the Baffa Academy 
Association is a party or represents a party, unless I am first 
authorized to participate, pursuant to 5 C.F.R. Sec. 2635.502(d).
    4. Describe any business relationship, dealing, or financial 
transaction which you have had during the last ten years, whether for 
yourself, on behalf of a client, or acting as an agent, that could in 
any way constitute or result in a possible conflict of interest in the 
position to which you have been nominated.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the National Transportation Safety 
Board's DAEO to identify potential conflicts of interest. I agreed to 
take those actions that are outlined in a letter to the DAEO; a copy is 
enclosed. These commitments constitute my ethics agreement as 
identified in the ethics regulations. I am not aware of any other 
potential conf1icts of interest.
    5. Describe any activity during the past ten years in which you 
have been engaged for the purpose of directly or indirectly influencing 
the passage, defeat, or modification of any legislation or affecting 
the administration and execution of law or public policy.
    Since June 2004, I have served as the Democratic Staff Director for 
the Subcommittee on Railroads, Pipelines, and Hazardous Materials for 
the Committee on Transportation and Infrastructure, U.S. House of 
Representatives, where I have engaged in drafting and influencing the 
passage, defeat, or modification of numerous pieces of legislation.
    6. Explain how you will resolve any potential conflict of interest, 
including any that may be disclosed by your responses to the above 
items.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the NTSB's DAEO to identify 
potential conflicts of interest. Any potential conflicts of interest 
will be resolved in accordance with the terms of an ethics agreement 
that I have entered into with the NTSB's DAEO and that has beenprovided 
to this Committee. Pursuant to that agreement:

   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. Sec. 208(b)(1), or qualify for a regulatory 
        exemption, pursuant to 18 U.S.C. Sec. 208(b)(2). I understand 
        that the interests of the following persons are imputed to me: 
        any spouse and minor child of mine; any general partner of a 
        partnership in which I am a limited or general partner; any 
        organization in which I serve as officer, director, trustee, 
        general partner or employee; and any person or organization 
        with which I am negotiating or have an arrangement concerning 
        prospective employment.

   Upon confirmation, I will resign from my position as 
        President of the Baffa Academy Association, a parent 
        association of my daughter's dance academy. For a period of one 
        year after my resignation, I will not participate personally 
        and substantially in any particular matter involving specific 
        parties in which the dance academy is a party or represents a 
        party, unless I am first authorized to participate, pursuant to 
        5 C.F.R. Sec. 2635.502(d).

   My spouse is employed by Robbins-Gioia, LLC, from which he 
        receives a fixed annual salary and bonus tied to his 
        performance. For as long as my spouse continues to work for 
        Robbins-Gioia, LLC, I will not participate personally and 
        substantially in any particular matter involving specific 
        parties in which I know my spouse's employer or any client of 
        my spouse is a party or represents a party, unless I am first 
        authorized to participate, pursuant to 5 C.F.R. 
        Sec. 2635.502(d).

   If I have a managed account or othe1wise use the services of 
        an investment professional during my appointment, I will ensure 
        that the account manager or investment professional obtains my 
        prior approval on a case-by-case basis for the purchase of any 
        assets other than cash, cash equivalents, investment funds that 
        qualify for the exemption at 5 C.F.R. Sec. 2640.201(a), 
        obligations of the United States, or municipal bonds.

   I will meet in person with the NTSB's DAEO during the first 
        week of my service in the position of Board Member in order to 
        complete the initial ethics briefing required under 5 C.F.R. 
        Sec. 2638.305.

   Within 90 days of my confirmation, I will document my 
        compliance with this ethics agreement by notifying the NTSB's 
        DAEO in writing when I have completed the steps described in 
        the ethics agreement.
                            c. legal matters
    1. Have you ever been disciplined or cited for a breach of ethics, 
professional misconduct, or retaliation by, or been the subject of a 
complaint to, any court, administrative agency, the Office of Special 
Counsel, professional association, disciplinary committee, or other 
professional group? If yes:

  a.  Provide the name of agency, association, committee, or group;

  b.  Provide the date the citation, disciplinary action, complaint, or 
        personnel action was issued or initiated;

  c.  Describe the citation, disciplinary action, complaint, or 
        personnel action;

  d.  Provide the results of the citation, disciplinary action, 
        complaint, or personnel action.

    No.
    2. Have you ever been investigated, arrested, charged, or held by 
any Federal, State, or other law enforcement authority of any Federal, 
State, county, or municipal entity, other than for a minor traffic 
offense? If so, please explain.
    I have held security clearances since 2000 and have received 
periodic background check investigations by law enforcement related to 
those clearances. Additionally, as a teenager, in March 1990, I was 
arrested for shoplifting. See Question #4 for further information.
    3. Have you or any business or nonprofit of which you are or were 
an officer ever been involved as a party in an administrative agency 
proceeding, criminal proceeding, or civil litigation? If so, please 
explain.
    I have not been involved as a party in an administrative agency 
proceeding, civil litigation, or criminal proceeding, except as 
described in response to Question #4. To the best of my knowledge, the 
businesses and nonprofits of which I am or was an officer have never 
been involved as a party in an administrative agency proceeding, civil 
litigation, or criminal proceeding.
    4. Have you ever been convicted (including pleas of guilty or nolo 
contendere) of any criminal violation other than a minor traffic 
offense? If so, please explain.
    As a teenager, on March 19, 1990, a misdemeanor for shoplifting. I 
deeply regret my actions. In addition to court-ordered penalties, I 
volunteered for community service, which included speaking to students 
and at-risk youth.
    5. Have you ever been accused, formally or informally, of sexual 
harassment or discrimination on the basis of sex, race, religion, or 
any other basis? If so, please explain.
    I have never been accused, formally or informally, of sexual 
harassment or discrimination on the basis of sex, race, religion, or 
any other basis.
    6. Please advise the Committee of any additional information, 
favorable or unfavorable, which you feel should be disclosed in 
connection with your nomination.
    Nothing unfavorable. As far as favorable information, I believe 
that my extensive background and expertise in motor carrier, rail, 
pipeline, and hazardous materials transportation safety would bring an 
added professional, modal, and issue-area balance to the Board. Of the 
36 ongoing major accident investigations listed on the NTSB's website, 
12 involve freight and passenger railroads, including the collision of 
an Amtrak train and CSX freight train in Cayce, South Carolina; an 
accident involving two Southeastern Pennsylvania Transportation 
Authority trains in Upper Darby, Pennsylvania; the deaths of two CSX 
workers in Washington, D.C. who were struck and killed by an Amtrak 
train; and, the Amtrak derailment near DuPont, Washington. Four 
additional ongoing accident investigations involve natural gas 
pipelines, including the August 2, 2017, gas explosion at the Minnehaha 
Academy School in Minneapolis, Minnesota.
    I would also like the Committee to know that I have a proven track 
record in working in environments that require collaboration, 
deliberation, negotiation, and teamwork. I have strong working 
relationships on both sides of the aisle, in the House and Senate and 
in the Executive Branch, with outside entities, and with Members and 
staff at the NTSB.
                     d. relationship with committee
    1. Will you ensure that your department/agency complies with 
deadlines for information set by congressional committees? Yes.
    2. Will you ensure that your department/agency does whatever it can 
to protect congressional witnesses and whistle blowers from reprisal 
for their testimony and disclosures? Yes.
    3. Will you cooperate in providing the Committee with requested 
witnesses, including technical experts and career employees, with 
firsthand knowledge of matters of interest to the Committee? Yes.
    4. Are you willing to appear and testify before any duly 
constituted committee of the Congress on such occasions as you may be 
reasonably requested to do so? Yes.
                                 ______
                                 
               Resume of Jennifer Lynn (Esposito) Homendy
Employment Background
Committee on Transportation and Infrastructure, U.S. House of 
Representatives, Washington, D.C., Democratic Staff Director of the 
Subcommittee on Railroads, Pipelines, and Hazardous Materials from June 
2004 to present. Legislative areas of expertise include issues 
involving the railroad industry and its employees; the safety of oil 
and natural gas pipelines; and the transportation of hazardous material 
in commerce. Specific duties include drafting, negotiating, and moving 
legislation through the legislative process; developing legislative and 
oversight agendas; preparing memos, speeches, and statements for 
Democratic Members of Congress; delivering speeches and panel 
presentations on behalf of the Committee; leading hearings and 
Committee investigations of Federal programs, policies and regulations; 
and carrying out oversight of Federal rail, pipeline, and hazardous 
material transportation programs, including the Committee's extensive 
oversight investigation of the Enbridge oil pipeline spill in Marshall, 
Michigan, the Committee's audit of the Pipeline and Hazardous Materials 
Safety Administration's special permits and approvals program, and the 
Committee's 2017-2018 audit of the Department of Transportation's drug 
and alcohol testing program (across all modes).

International Brotherhood of Teamsters, Washington, D.C., Legislative 
Representative from June 1999 to June 2004. Duties included 
representing the interests of Teamster working families before Congress 
and the Executive Branch. Areas of expertise included transportation 
and international trade. Transportation work focused on motor carrier, 
rail, and hazardous materials safety. Served as a cleared (classified) 
labor representative on the President's Advisory Committee on Trade 
Policy and Negotiations and the U.S. Department of Labor's Trade 
Advisory Committee.

Transportation Trades Department, AFL-CIO (TTD), Washington, D.C., 
Legislative Representative from August 1997 to June 1999. Duties 
included representing the interests of transportation workers before 
Congress and the Executive Branch. Areas of expertise included motor 
carrier, rail, hazardous material, and nuclear waste transportation 
safety; domestic manufacturing/Buy America; appropriations/budget; 
innovative financing, including state infrastructure banks and credit 
enhancements; and worker protections, including Section 13(c) of the 
Federal Transit Act and Davis Bacon.

American Iron and Steel Institute (AISI), Washington, D.C., Manager of 
Government Relations from March 1996 to August 1997, having been 
promoted from Legislative Assistant. Duties included representing the 
interests of the American steel industry and its employees before 
Congress in the areas of transportation, environment, and energy; 
researching and preparing policy analyses of various tax and trade 
issues; serving as Staff Director of AISI's Committee on Traffic; 
coordinating political action committee contributions to Members of 
Congress; representing AISI at coalition meetings and fundraisers; 
presenting monthly reports to AISI's Board of Directors on legislative 
developments; interacting with Members of Congress, congressional 
staff, and AISI member companies; and drafting correspondence and 
memoranda.

National Federation of Independent Business (NFIB), Washington, D.C., 
Senate Assistant for Federal Governmental Relations from September 1994 
to March 1996. Duties included researching issues that affect small 
businesses; serving as a member of the Guardian Advisory Council 
Taskforce, a team of staff assigned to restructure the organization's 
activist/grassroots lobbying efforts; interacting with congressional 
staff; drafting correspondence and memoranda on various small business 
issues; organizing membership participation in, and issue development 
for, the White House Conference on Small Business held in June 1995; 
and providing legislative and administrative support to the Director of 
Federal Governmental Relations and three Senate lobbyists.

Senator Arlen Specter (R-PA, at the time), Harrisburg, PA, Intern from 
1993 to 1994.
Educational Background
Certificate, Accident Investigation Orientation for Rail Professionals, 
the National Transportation Safety Board, May 2017

Fellow, (115th Congress) Stennis Center for Public Leadership

The National Board on Fire Service Professional Qualifications (through 
the International Association of Fire Fighters), Certified in Core 
HazMat Operations and Mission-Specific PPE and Product Control (hazmat 
operations-level responder training)

The Pennsylvania State University, Bachelor of Arts in Humanities with 
concentrations in Public Policy and Journalism, graduated 1994

Certified Personal Trainer, American College of Sports Medicine

    The Chairman. Thanks, Ms. Homendy.
    Ms. King.

             STATEMENT OF HEIDI KING, NOMINEE TO BE

 ADMINISTRATOR, NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 
                            (NHTSA)

    Ms. King. Good morning, Chairman Thune. Good morning, 
Ranking Member Nelson, and distinguished Members of the 
Committee.
    Thank you for the invitation to testify today as Nominee to 
serve as the Administrator of the National Highway Traffic 
Safety Administration.
    I am grateful to Donald Trump, President Donald Trump, and 
Secretary Elaine L. Chao for their support and for providing me 
with the opportunity to serve our Nation by advancing safety on 
our Nation's roadways and for the traveling public.
    I'll note it's also an honor to testify on subjects of 
safety before you today with such a wonderful panel with the 
shared commitment to safety.
    It is also my pleasure to introduce my daughter Kristin who 
has traveled across the entire country to be with me here 
today.
    Public safety is a vocation in our family. I'm proud to 
tell you that my daughter, by the age of 16, served at my side 
as an Emergency Medical Technician in Chatham, New Jersey. 
Together, we witnessed firsthand the devastating effects of 
traffic crashes on individuals in our community, on families, 
and the community at large.
    That experience instilled in me a deep and abiding 
commitment to saving lives that is shared by all of the men and 
women of the National Highway Traffic Safety Administration.
    NHTSA's mission is to save lives, to prevent injuries, and 
to reduce the economic costs of traffic crashes. I am deeply 
honored to serve at an agency whose primary objective is 
safety, the safety of Americans, the traveling public, an 
agency that is working tirelessly toward that day when we will 
not have to bear the cry of grief from a wife that has lost her 
husband or of a child who has lost a parent in a needless 
traffic crash.
    My heart goes out to the many people who have suffered such 
losses, some of whom are in this room today.
    My early professional career as a California State Park 
Ranger, as an emergency medical technician, and as a 9-1-1 
dispatcher provided me with firsthand and an up-close 
understanding of the tragic consequences of these traffic 
collisions and crashes.
    My later professional experience in both the public and the 
private sector, including at the White House Office of 
Management and Budget and at General Electric, provided the 
leadership experience necessary to lead this agency. It would 
be my intention to lead NHTSA, to continue the agency's long 
history of data-driven and performance-based decisionmaking.
    I have had the benefit of meetings with you, many of you, 
and your staff in recent weeks, and I appreciate the 
opportunity to hear from you directly. I want to assure the 
Committee that I will maintain an open line of communication 
that you would expect from any nominee.
    Over the past seven months, it has been my privilege to 
serve as NHTSA's Deputy Administrator, leading the team of 
dedicated and talented professionals.
    If confirmed as NHTSA's Administrator, it would be my great 
honor to continue and expand upon their outstanding work in 
achieving that safety mission.
    I would like to briefly mention just a few of NHTSA's 
accomplishments during my brief tenure as the Deputy 
Administrator.
    In February, NHTSA announced the creation of a new 
Compliance Assistance Program to facilitate and improve 
compliance with Federal safety standards.
    In March, NHTSA hosted a summit launching an initiative to 
combat drug-impaired driving on our roadways.
    Last month, NHTSA brought online a new electronic 
application tool for use by states and territories when 
applying for highway safety grants, fulfilling another FAST Act 
directive and continuing our partnership with states.
    Throughout my time at NHTSA, the agency has been busy 
implementing historic improvements to data management, to risk 
analysis, for recalls and defects investigations.
    Mr. Chairman, Ranking Member Nelson, and Distinguished 
Members of the Committee, thank you for your time and for your 
consideration of my nomination.
    If I am confirmed, I would welcome the chance to work with 
all of you to improve the safety of our nation's roadways.
    I'm very happy to answer any questions.
    [The prepared statement and biographical information of Ms. 
King follow:]

    Prepared Statement of Heidi King, Nominee to be Administrator, 
             National Highway Traffic Safety Administration
    Good afternoon Chairman Thune, Ranking Member Nelson, and 
distinguished Members of this Committee. Thank you for the invitation 
to testify today as a nominee to serve as the Administrator of the 
National Highway Traffic Safety Administration.
    I am grateful to President Donald Trump and Secretary Elaine L. 
Chao for their support and for providing me with the opportunity to 
serve our Nation by advancing safety on our Nation's roadways and for 
the traveling public. It is also my pleasure to introduce my daughter, 
Kristin, who has traveled across the country to be here with me today. 
Public safety is a vocation in our family. I'm proud to tell you that 
my daughter served at my side as an Emergency Medical Technician in 
Chatham NJ. We witnessed first-hand the devastating effects of traffic 
crashes on individuals, on families and in our communities.
    That experience instilled in me a deep and abiding commitment to 
saving lives that is shared by all the men and women of NHTSA. NHTSA's 
mission is to save lives, prevent injuries, and reduce the costs of 
traffic crashes. I am honored to serve at an agency whose primary 
objective is the safety of the American traveling public, an agency 
that is working tirelessly toward that day when we will not have to 
bear the cry of grief from a wife who has lost her husband, or a child 
who lost a parent, in a needless traffic crash.
    My early professional career as a California State Park Ranger, 
emergency medical technician, and as a 9-1-1 dispatcher, provided me 
with a first-hand and up-close understanding of the tragic consequences 
of roadway crashes. My later professional experience in both the public 
and private sector, including at the White House's Office of Management 
and Budget and General Electric, provided the leadership experience 
necessary to lead an agency. It would be my intention to lead NHTSA to 
continue the agency's long history of data-driven and performance-based 
decision-making.
    I have met with many of you and your staff in recent weeks, and I 
appreciate the opportunity to hear from you directly. I want to assure 
the Committee that I will maintain an open line of communication that 
you expect from any nominee.
    Over the past seven months, it has been my privilege to serve as 
NHTSA's Deputy Administrator, leading the team of dedicated and 
talented professionals. If confirmed as NHTSA's Administrator, it would 
be my great honor to continue and expand upon their outstanding work in 
achieving that safety mission.
    I would like to briefly mention just a few of NHTSA's 
accomplishments during my brief tenure as the Deputy Administrator. In 
February, NHTSA announced the creation of a new compliance assistance 
program to facilitate and improve compliance with Federal safety 
standards. In March, NHTSA hosted a summit launching an initiative to 
combat drug-impaired driving on our roadways.
    Last month, NHTSA brought online a new electronic application tool 
for use by States and Territories when applying for Highway Safety 
Grants, fulfilling another FAST Act directive. Throughout my time at 
NHTSA, the agency has been busy implementing historic improvements to 
our data management and risk analysis for recalls and defects 
investigations.
    Mr. Chairman, Ranking Member Nelson, and distinguished Members of 
the Committee, thank you for your time and consideration of my 
nomination. If I am confirmed, I would welcome the chance to work with 
all of you to improve the safety of our Nation's roadways. I am happy 
to answer any questions.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used):

        Heidi R. King (also known as Heidi R. Muench 1989-1990)

    2. Position to which nominated: Administrator, Notional Highway 
Traffic Safety Administration.
    3. Date of Nomination: April 12, 2018.
    4. Address. (List current place of residence and office addresses):

        Residence: Information not released to the public.
        Office: U.S. Department of Transportation, 1200 New Jersey Ave. 
        SE, Washington, D.C. 20590.

    5. Date and Place of Birth: December 21, 1964; Ventura, California.
    6. Provide the name, position, and place of employment for your 
spouse (if married) and the names. and ages of your children (including 
stepchildren and children by a previous marriage).

        No spouse.
        Child: Kristin L. Muench (28 years).

    7. List all college and graduate degrees. Provide year and school 
attended.

        Bachelor of Arts, Economics (May 1995)

        University of California, Irvine, CA

        Master of Science, Economics (May 1998)

        California Institute of Technology, Pasadena, CA

    8. List all post-undergraduate employment, and highlight all 
management-level jobs held and any non-managerial jobs that relate to 
the position for which you are nominated.
    All post-undergraduate positions are listed below. Entries in 
italics highlight management-level and non-managerial jobs that relate 
to the position for which I am nominated.

   Deputy Administrator, National Highway Traffic Safety 
        Administration, Department of Transportation, Washington, D.C. 
        (2017 to present)

   Global Director of Environmental Risk, GE Capital, Norwalk, 
        CT (2013-16)

   Chief Economist for Committee 011 Energy and Commerce, U.S. 
        House of Representatives, Washington, D.C. (2011-13)

   Deputy Branch Chief, Information and Regulatory Affairs, 
        U.S. Executive Office of the President, Washington, D.C. (2007-
        11)

   Research Scientist, Telcordia Technologies (formerly Bell 
        Labs), Murray Hill, NJ (2000-01)

   Senior Policy Analyst, Information and Regulatory Affairs, 
        U.S. Executive Office of the President, Washington, D.C. (1998-
        2000)

   Volunteer Lieutenant, Crew Chief am/ Emergency Medical 
        Technician, Chatham Emergency Squad, Chatham, NJ (1999-2007)

   California State Park Ranger (Law Enforcement), California 
        Department of Parks and Recreation, Pismo Beach, CA (1987-89)

   911 Emergency Dispatcher, Butte County Sheriff's Office, 
        Oroville, CA (1987)

    9. Attach a copy of your resume.
    A copy is attached.
    10. List any advisory, consultative, honorary, or other part-time 
service or positions with Federal, State, or local governments, other 
than those listed above, within the last ten years. None.
    11. List all positions held as an officer, director, trustee, 
partner, proprietor, agent, representative, or consultant of any 
corporation, company, firm, partnership, or other business, enterprise, 
educational, or other institution within the last ten years.
    Director, The Diaper Bank, North Haven, CT (2015-16)
    12. Please list each membership you have had during the past ten 
years or currently hold with any civic, social, charitable, 
educational, political, professional, fraternal, benevolent or 
religious organization. private club, or other membership organization. 
Include dates of membership and any positions you have held with any 
organization. Please note whether any such club or organization 
restricts membership on the basis of sex, race, color, religion, 
national origin, age, or handicap.
    Professional Association of Dive Instructors (2017-2018)--no 
membership restrictions.
    13. Have you ever been a candidate for and/or held a public office 
(elected, non-elected, or appointed)? If so, indicate whether any 
campaign has any outstanding debt, the amount. and whether you are 
personally liable for thatdebt.
    I am currently a non-Senate-confirmed Presidential appointee at the 
U.S. Department of Transportation.
    14. Itemize all political contributions to any individual, campaign 
organization, political party, political action committee, or similar 
entity of $500 or more for the past ten years. Also list all offices 
you have held with, and services rendered to, a state or national 
political party or election committee during the same period. None.
    15. List all scho1arships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements. None.
    16. Please list each book, article, column, or publication you have 
authored, individually or with others. Also list any speeches that you 
have given on topics relevant to the position for which you have been 
nominated. Do notattach copies of these publications unless otherwise 
instructed.
    As Deputy Administrator for NHTSA, I routinely give public comments 
on the subject of automotive safety, driverless cars, cybersecurity, 
and impaired driving. Those comments are posted here: https://
www.nhtsa.gov/speeches-presentations
    17. Please identify each instance in which you have testified 
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each 
testimony.
    In my role as Deputy NHTSA Administrator, on February 14, 2018, I 
testified before the U.S. House of Representatives at an oversight 
hearing convened by the Committee on Energy and Commerce's Subcommittee 
on Digital Commerce and Consumer Protection on the subject ``Oversight 
of the National Highway Traffic Safety Administration.''
    I also testified as Deputy NHTSA Administrator on March 20, 2018 
before the Senate Committee on Commerce, Science, and Transportation's 
Subcommittee on Consumer Protection, Product Safety, Insurance, and 
Data Security on the subject of ``Update on NHTSA and Automaker Efforts 
to Repair Defective Takata Air Bag Inflators.''
    18. Given the current mission, major programs, and major 
operational objectives of the department/agency to which you have been 
nominated, what in your background or employment experience do you 
believe affirmatively qualifies you for appointment to the position for 
which you have been nominated, and why do you wish to serve in that 
position?
    My background includes experience in public policy and regulation 
serving both the executive and legislative branches, institutional and 
operational risk management, traffic safety, emergency services and 
911, as well as leadership and management.
    19. What do you believe are your responsibilities, if confirmed, to 
ensure that the department/agency has proper management and accounting 
controls, and what experience do you have in managing a large 
organization?
    I believe I will be responsible for the efficient, compliant and 
accountable operation of NHTSA. I am experienced leading a global team 
of professionals for G.E. Capital, interagency Federal professionals as 
an 0MB leader, and teams of emergency services personnel in public 
emergency services roles.
    20, What do you believe to be the top three challenges facing the 
department/agency, and why?

   Rapidly changing technology requires that NHTSA assure 
        safety while remaining in step with the changing technology, 
        including driverless car technology.

   Historic recall of dangerous Takata airbags requires a 
        program to effectively convince individual consumers to take 
        immediate action.

   Talent Management and recruiting in a Federal agency 
        workforce that has a high vacancy rate and a low turnover rate.
                   b. potential conflicts of interest
    1. Describe all financial arrangements. deferred compensation 
agreements, and other continuing dealings with business associates. 
clients, or customers. Please include info1mation related to retirement 
accounts.
    In December 2016, I resigned from my position as Global Director of 
Environmental Risk with GE Capital U.S. Holdings Inc., a subsidiary of 
General Electric (GE). I hold stock options and restricted stock units 
in GE. If confirmed, I will retain these stock options and restricted 
stock units.
    I also have a 401(k) defined contribution plan from GE which is 
housed with Fidelity and invested in a diversified mutual fund; neither 
I nor GE makes any further contributions to the plan. If confirmed, I 
will retain my 401(k) plan from GE.
    I have life insurance through my former employment with GE. GE is 
no longer paying for the policy.
    I have a TSP account from my government service. If confirmed, I 
will retain my TSP account.
    2. Do you have any commitments or agreements, formal or informal, 
to maintain employment, affiliation, or practice with any business. 
association or other organization during your appointment? If so, 
please explain. No.
    3. Indicate any investments. obligations, liabilities, or other 
relationships which could involve potential conflicts of interest in 
the position to which you have been nominated.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the Department of Transportation's 
Designated Ethics Official to identify potential conflicts of interest. 
Any potential conflicts of interest will be resolved with the terms of 
an ethics agreement that I have entered into with DOT's designated 
Agency Ethics Official and that has been provided to this Committee. I 
am not aware of any other potential conflicts of interest.
    4. Describe any business relationship, dealing, or financial 
transaction which you have had during the last ten years, whether for 
yourself, on behalf of a client, or acting as an agent. that could in 
any way constitute or result in a possible conflict of interest in the 
position to which you have been nominated.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the Department of Transportation's 
Designated Ethics Official to identify potential conflicts of interest. 
Any potential conflicts of interest will be resolved with the terms of 
an ethics agreement that I have entered into with DOT's designated 
Agency Ethics Official and that has been provided to this Committee. I 
am not aware of any other potential conflicts of interest.
    5. Describe any activity during the past ten years in which you 
have been engaged for the purpose of directly or indirectly influencing 
the passage, defeat, or modification of any legislation or affecting 
the administration and execution of law or public policy.
    During my two years serving as Chief Economist for the House Energy 
and Commerce Committee (112th Congress, 2011-2013) under the 
Chairmanship of Fred Upton (MI) I worked on many legislative and 
oversight matters. However, legislation was not enacted into law.
    6. Explain how you will resolve any potential conflict of interest, 
including any that may be disclosed by your responses to the above 
items.
    In connection with the nomination process, I have consulted with 
the Office of Government Ethics and the Department of Transportation's 
Designated Ethics Official to identify potential conflicts of interest. 
Any potential conflicts of interest will be resolved with the terms of 
an ethics agreement that I have entered into with DOT's designated 
Agency Ethics Official and that has been provided to this Committee. I 
am not aware of any other potential conflicts of interest.
                            c. legal matters
    1. Have you ever been disciplined or cited for a breach of ethics, 
professional misconduct, or retaliation by, or been the subject of a 
complaint to, any court, administrative agency, the Office of Special 
Counsel, professional association, disciplinary committee, or other 
professional group? No.
    2. Have you ever been investigated, arrested, charged, or held by 
any Federal, State, or other law enforcement authority of any Federal, 
State, county, or municipal entity, other than for a minor traffic 
offense? If so, please explain. No.
    3. Have you or any business or nonprofit of which you are or were 
an officer ever been involved as a party in an administrative agency 
proceeding, criminal proceeding. or civil litigation? If so, please 
explain. No.
    4. Have you ever been convicted (including pleas of guilty or nolo 
contendere) of any criminal violation other than a minor traffic 
offense? If so, please explain. No.
    5. Have you ever been accused, formally or informally, of sexual 
harassment or discrimination on the basis of sex, race, religion, or 
any other basis? lf so, please explain. No.
    6. Please advise the Committee of any additional information, 
favorable or unfavorable, which you feel should be disclosed in 
connection with your nomination.
    No negative issues known. I have the reputation of a hard-working, 
thoughtful, and analytical government employee with private sector 
management experience.
                     d. relationship with committee
    1. Will you ensure that your department/agency complies with 
deadlines for information set by congressional committees? Yes.
    2. Will you ensure that your department/agency does whatever it can 
to protect congressional witnesses and whistle blowers from reprisal 
for their testimony and disclosures? Yes.
    3. Will you cooperate in providing the Committee with requested 
witnesses, including technical experts and career employees, with 
firsthand knowledge of matters of interest to the Committee? Yes.
    4. Are you willing to appear and testify before any duly 
constituted committee of the Congress on such occasions as you may be 
reasonably requested to do so? Yes.
                                 ______
                                 
                        Resume of Heidi R. King
Regulatory economist and solutions-oriented leader skilled in 
navigating changes in public policy and experienced in emerging 
technology markets, financial and operational risk management. 
Experienced leader who enjoys motivating strategic change across 
organizations and within teams. Resilient and energetic team member, 
positive and pragmatic problem solver emphasizing integrity and respect 
for diverse innovative approaches.
Experience
Department of Transportation Washington, D.C. 2017 to present
Deputy Administrator, National Highway Traffic Safety Administration
Executive leader and Acting Administrator of U.S. Federal regulatory 
agency responsible for automotive safety, leading approximately 600 
full time staff dedicated to the mission of saving lives, preventing 
injuries, and reducing costs due to traffic crashes.
   Responsible for a significant regulatory program covering 
        fuel efficiency, auto manufacturing, defects and enforcement

   Leader of research programs advancing knowledge in both auto 
        engineering for occupant safety and collision avoidance but 
        also human behavioral factors impacting automotive safety risk. 
        National 911 and Emergency Medical Response system.

   Innovator in the appropriate regulation, de-regulation and 
        novel safety programs for emerging technology in automated 
        driving systems

GE Capital Norwalk, CT 2013-2016
Global Director of Environmental Risk
Led a global team of technical and legal professionals informing 
investment decisions and strategy across GE Capital, a global financial 
services company with assets of U.S. $499 billion in global surface, 
rail and air transportation, energy. real estate, and manufacturing 
sectors.
   Transformed a diverse group of environmental risk 
        professionals into a world class global team responsible for 
        increasing returns in project finance, lending and leasing

   Innovated process improvements to optimize investment 
        decisions with respect to evolving public policies in the area 
        of environment, health and safety risk

   Executed historic restructuring and the divestiture of $200B 
        of operating business units

U.S. House of Representatives Washington, DC 2011-2013
Chief Economist for Committee on Energy and Commerce
Legislated and oversaw executive agencies' regulatory programs in the 
areas of energy, environment, transportation, agriculture, and 
manufacturing.
   Mobilized congressional action and response to major 
        environmental regulations, including greenhouse gas policies, 
        CAFE standards, ambient air quality standards and utility and 
        boiler emissions standards

   Promoted the effective use of economic analyses of business 
        and social impacts across both House and Senate, improving 
        priority setting and effective agency oversight

   Pioneered agreement on measures to improve the effectiveness 
        of the Clean Air Act through a series of unprecedented 
        bipartisan forums with state governments

U.S. Exec Office of the President Washington, D.C. 2007-2011
Deputy Branch Chief, Information and Regulatory Affairs
Advised White House leadership on regulatory initiatives and policy, 
leading Federal interagency review of economically significant 
regulations in the areas of environment and energy.
   Orchestrated White House and interagency regulatory review 
        to reduce regulatory burden and improve the effectiveness of 
        the Clean Air Act and other laws.

ImpactRx Mt. Laurel, NJ 2006-2007
Senior Director, Oncology Group
Venture capital funded startup pharmaceutical consulting and market 
research firm.
   Market strategy insights for innovators in pharmaceutical 
        products, increasing consulting contracts providing nearly one 
        third of total revenue

Pfizer Pharmaceuticals New York, NY 2002-2006
Senior Manager, Management Science Group
Business strategy quantitative research
   Increased product sales by identifying growth opportunities 
        using diverse competitive market information,secondary market 
        research darn, and promotion response models

Inductis Analytical Consulting Murray Hill, NJ 2001-2002
Associate Consultant, Marketing and Statistics
Analytics and data-driven management strategy serving clients in the 
financial services sector.
   Designed and launched the probability-based software at the 
        core of the leading financial services data provider in the 
        U.S.

Telcordia Technologies (Bell Labs) Murray Hill, NJ 2000-2001
Research Scientist, Emerging and Internet Technologies
Innovation and emerging technologies research at a former Bell Labs 
software division.
   Launched consulting practice area designed to support 
        participants in Federal spectrum auctions

   Forecasted consumer demand for emerging technology products 
        and services

U.S. Exec Office of the President Washington, D.C. 1998-2000
Senior Policy Analyst, Information and Regulatory Affairs
Oversight of Federal agencies regulatory programs and research data 
collections.
   Improved cost effectiveness of regulations issued by EPA, 
        HUD, and other agencies

   Reduced paperwork burden resulting from Federal programs
Other Relevant Experience
Chatham Emergency Squad, Emergency Medical Technician, Chatham, NJ

California Dept of Parks and Recreation, State Park Ranger, Pismo 
Beach, CA

Butte County Sheriff's Office, Emergency Dispatcher, Oroville, CA
Education
M.S. Economics and Political Science, California Institute of 
Technology, Pasadena, CA
B.A. Honors in Economics, University of California at Irvine

    The Chairman. Thank you, Ms. King.
    I'm going to ask just one quick obligatory question here 
and then I'm going to skip to one of our colleagues.
    But I know you all appreciate the importance of 
establishing collaborative relationships between your 
respective agencies and Congress. Nevertheless, these 
confirmation hearings give us an opportunity to underscore that 
point.
    If confirmed, will you pledge to work collaboratively with 
this Committee and its members and to provide thorough and 
timely responses to our requests for information?
    Mr. Gruters.
    Mr. Gruters. Yes.
    Ms. Homendy. Yes, Mr. Chairman.
    Ms. King. Yes, absolutely.
    The Chairman. Thank you.
    OK. I'm going to come back and ask my questions later on.
    I'm going to recognize Senator Inhofe for any questions 
that he might have at this point.

                 STATEMENT OF HON. JIM INHOFE, 
                   U.S. SENATOR FROM OKLAHOMA

    Senator Inhofe. Thank you very much, Mr. Chairman, for 
accommodating a conflict that I have, and I have two subjects I 
want to broach here that I think are very significant.
    The first one has to do with your nomination, Ms. Homendy, 
to the NTSB. We have a friend in common who happens to be 
related to you who has been very supportive of me in an effort 
that I've been doing now since 2012 having to do with the 
changing the system that the FAA has in terms of how they treat 
general aviation pilots.
    It's one of the last parts of our Justice system where you 
are guilty until proven innocent and so we passed a bill, it's 
called The Pilot's Bill of Rights, in 2012, and we addressed 
some of these problems.
    We addressed a system that where once it goes in the 
system, an alleged violation goes from the FAA to the NTSB, 
then it can go on into our district court system, which our 
intent was to force a de novo trial, which means they would not 
take everything that had been done before as the evidence but 
they'd start all over again.
    Now you're going into, if you are confirmed, the NTSB. The 
problem that happened with this was some Federal judges 
disagreed with the intent of this legislation and so that does 
affect the line, the appellant line of the FAA to NTSB and then 
to the Federal courts.
    And so I'm fairly concerned about that and we went ahead 
and passed a second Pilot's Bill of Rights. It passed this 
Committee. However, there are some provisions that were left 
off of it. Those provisions are now in the FAA Reauthorization 
Bill that we had passed through this Committee.
    Now my interest there is that one of the pieces of evidence 
was that when an alleged violation took place in the general 
aviation community that it would be passed through the FAA and 
then as it went into the NTSB, it was rubber stamped.
    In fact, I can show you, but there isn't time to do that, 
how it was rubber stamped for a long period of time, and so I 
want to be sure that even though that is corrected in the 
current bill that we have considered in this Committee and will 
be going over to the other side in the FAA Reauthorization 
Bill, that you would listen to me and your brother-in-law any 
time there is a case that comes before you, so you can get our 
perspective on this.
    Do you have any thoughts about the rubber stamping process 
in general?
    Ms. Homendy. My brother-in-law, I'm sure he's very pleased 
right now listening to this.
    Senator, I can tell you and I'm sure everyone, including my 
husband behind me can tell you, I have never rubber stamped a 
thing that has come before me, and I want you to know that I 
will approach every accident investigation and matter that 
comes before the Board, including any appeals, any airman or 
mariner appeals, and I will look at that objectively, looking 
at all sides of the issue, before forming an opinion, and I'm 
very happy to work with your office on this.
    Senator Inhofe. That's great. I appreciate it very much.
    Last, Ms. King, in the past, the EPA and DOT have taken 
increasingly heavy hands on regulating the automotive industry 
through more stringent greenhouse gas regulations and laws and 
just a few days before President Trump's inauguration, the 
Obama's EPA acted unilaterally to finalize the 2012 standards 
over a year ahead of schedule. Obviously we know why.
    Under President Trump, the EPA and the National Highway 
Traffic Safety Administration reopened the mid-term evaluation 
process.
    Moving forward, we're going to have to prioritize the 
engagement with all public and private stakeholders and take 
into account--and the phrase is ``economic practicability,'' 
and I would just ask you, do you agree that we should go 
through with this process and keep in mind about the economic 
practicability as we move through?
    Ms. King. Yes.
    Senator Inhofe. That's good. Thank you, Mr. Chairman.
    The Chairman. Thank you, Senator Inhofe.
    Senator Nelson.
    Senator Nelson. Thank you, Mr. Chairman.
    Ms. King, you heard me make comments about Takata air bags. 
How long have you been on the Board?
    Ms. King. Seven and a half months, since I joined NHTSA.
    Senator Nelson. OK. And are you in a position of Acting 
Chairman?
    Ms. King. The Deputy Administrator.
    Senator Nelson. OK. And given the fact that, as I cited, 
three deaths in Florida, 80 some injuries nationwide, 
altogether that's 15 deaths, and 265 injuries, so we've got a 
problem. This air bag in the middle of the steering wheel when 
it is older and when it is subjected to humidity, the ammonium 
nitrate starts to degrade and the humidity affects it so that 
when you have a fender bender, it explodes with such force that 
it explodes the metal casing and suddenly it becomes a grenade 
in the face of the driver or the passenger and that's how a 
number of these deaths occurred.
    There was a slight fender bender in the middle of an 
intersection in Orlando. When the police got there, they 
thought it was a homicide because the lady's neck had been 
severed. They then to come to find out it's the shards of metal 
with that explosive force that had cut her jugular.
    Now that's what we're facing. Fifteen deaths already in the 
U.S. So the automobile makers have gone through the first round 
of notifying people but they haven't really followed up and 
still there are 1.3 million of these at-risk Takata air bags, 
the older bags.
    We've got to get the agency to do something about it. The 
National Highway Traffic Safety Administration is going to have 
to do something about it.
    Now you want to be on that. We need the automobile makers 
to present public plans to detail the specific steps of how 
they will complete these recalls of 1.3 million. All right. You 
get the picture.
    To stop the deaths and needless injuries, will you commit 
today to immediately ask all the affected automakers to submit 
detailed public plans with specific steps that they will take 
to improve and bring to an end the recall rates?
    Ms. King. Senator, I have already invited each of the 
manufacturers to present their plans to me and those meetings 
are on my calendar.
    Senator Nelson. OK. Now I speak English and the question 
begs a yes or a no. Is that a yes?
    Ms. King. Yes, I am meeting with each of the auto 
manufacturers to go through their detailed plans to complete an 
effective recall and replacement of each and every one of these 
air bags. Those meetings are on my schedule now.
    Senator Nelson. The question, however, is do you commit to 
ask them to submit detailed public plans with specific steps?
    Ms. King. Within the constraints of law, I realize with 
manufacturers and with private enterprises, there may be 
confidential business information or other information that 
they would either not be allowed or should not release, and I 
would not commit to compelling them to release confidential 
business information.
    But you have my absolute commitment to continue to press 
each and every one of the manufacturers until each and every 
one of these dangerous air bags are replaced.
    One year ago today, the completion rate was 35 percent. 
Today, we're at an overall completion rate of this recall of 58 
percent. While that's a tremendous increase, tremendous 
progress has been made in the past year, it's not good enough.
    Both you and I agree on that. That's why I'm so 
appreciative of your partnership and the work you have done to 
raise awareness in your state, your state being one of the ones 
most effective. Your press release educating the public last 
month about checking for open recalls and what to do if they 
see one was very important to each and every one of the men and 
women of NHTSA who go to work each day wanting to see each of 
these dangerous air bags replaced before another person is hurt 
or killed.
    Senator Nelson. Mr. Chairman, I'm going to need some more 
time here because I have not interrupted Ms. King. The National 
Highway Traffic Safety Administration is for the safety of 
people and I just don't understand how this is such a hard 
question for you to answer.
    Either you are, yes, going to press them for a public plan 
and you talk about what has been done within the last year. 
This problem started 4 years ago, and there are still over a 
million vehicles out there.
    This is life and death of the American automobile drivers 
and passengers. Why is that such a difficult question for you 
to say, yes, I'm going to ask them? I'm going to ask them and 
I'm going to commit to push them to come out with a public plan 
to finish up these 1.3 million bags?
    Ms. King. Senator, I don't disagree with you. I understand 
the keyword here is ``public.'' I will ask each of them to make 
public their plans and provide for that transparency.
    It would be a responsible and reasonable thing for each 
manufacturer to do, to make sure they're public about their 
intent and their processes by which they see that each and 
every one of these dangerous air bags are replaced.
    As I mentioned, I have scheduled meetings with each one of 
them to go through their plan and to the extent that they have 
information that can be made public, I will encourage them to 
do so.
    Senator Nelson. Do you think they ought to be replaced?
    Ms. King. The air bags absolutely have to be replaced, if 
they're subject to recall. If they've been found to be 
dangerous, each and every one should be replaced, and I 
appreciate your support in raising awareness, and I'm going to 
put in a plug. Everybody should call 888-327-4236, to check 
whether or not their vehicle is subject to recall and act 
immediately to replace dangerous air bags.
    Thank you for your support.
    Senator Nelson. Thank you.
    The Chairman. Thank you, Senator Nelson.
    Senator Wicker.

              STATEMENT OF HON. ROGER F. WICKER, 
                 U.S. SENATOR FROM MISSISSIPPI

    Senator Wicker. Thank you, Mr. Chairman.
    Mr. Gruters, let's talk about restoration of Amtrak along 
the Gulf Coast.
    The Omnibus Bill recently passed by the Congress and signed 
by the President provides for grant funds for restoration of 
passenger rail service. We haven't had this on the Gulf Coast 
since Hurricane Katrina.
    Amtrak CEO Richard Anderson sent a letter to CSX expressing 
support for restoration along the Gulf Coast. The Southern Rail 
Commission and the Gulf Coast Working Group are to be commended 
for the steps they've made in making this work and the Gulf 
Coast Working Group pointed out that the mega-region that this 
would serve, the population is expected to increase by 10 
million people in the next 30 years.
    So let me just say I support this. We cannot do it without 
strong partnership with Amtrak.
    Are you willing to be a strong partner with us in this 
respect?
    Mr. Gruters. Thank you very much, Senator, and I'll tell 
you as a Floridian, I look forward to working with you on this 
issue to try to find a reasonable way to make this work.
    I know over the past 2 years, that you and Senator Nelson 
have both worked on Appropriations to make sure that the 
funding was there to restart this, and I will tell you as soon 
as my nomination was announced, small towns started requesting 
meetings with me and to share the importance it is for them to 
get this specific trail up and running.
    So you have my commitment to working with you and your team 
to do everything we can in a reasonable way to make this work.
    Senator Wicker. Given that there is high demand for this 
route and the local community is willing to kick in to provide 
a portion of the funding, do you have an opinion yet as to 
whether this is an economically viable route for Amtrak?
    Mr. Gruters. Unfortunately, I am not on the Board yet, but 
I will tell you as a CPA, looking for efficiencies is certainly 
going to be important, but like I said, as a Floridian and 
having this route go across our entire state, the northern part 
of our state, I'd like to see it put back into place, and I 
will certainly work with you and your team and the Amtrak 
leadership to try to make it happen.
    Senator Wicker. You know, we think we can do the Mobile and 
New Orleans route first and then on to Tallahassee and points 
east.
    There's another route in my home state I want to call to 
your attention and Members of this Committee and that's the 
City of New Orleans. It runs from New Orleans on up to Chicago. 
I was on this train recently.
    I want to invite you and other members of your Board to 
join me in riding this train. I think it would be an education 
to see the amount of people that depend on this.
    So what do you say I meet you in McComb, Mississippi, and 
we'll get on in the City of New Orleans? We're going to go to 
Jackson, up to Greenwood, the new stop at Marks, and I'll jump 
off at Memphis. Is that something that you'd be willing to look 
at and look at the service that we would provide and look at 
the individuals that depend on this service? Would you be 
willing to do that?
    Mr. Gruters. Absolutely, sir, and I would certainly welcome 
the opportunity to ride a train with you for a couple hours.
    Senator Wicker. Good. I think that would be great and so 
let's do that.
    Let me just ask about the Host Railroad Performance Report 
Card. There's some good news and some bad news in this respect. 
In Fiscal Year 2017, long distance trains were on time at 
stations only an average of 47 percent of the time. So there's 
a problem with ridership. We might look at that.
    Report Card grades: Canadian Pacific got an A, BNSF--B+, 
Union Pacific--B-, CSX--C, Norfolk Southern--F, Canadian 
National--F. So a wide range of grades as I guess we have in 
every grading system.
    One important issue--this is an important issue facing 
Amtrak. Are you aware, Mr. Gruters, that The Wall says Amtrak 
has preference over freight rail in using a rail line but there 
has been an issue about this?
    Mr. Gruters. Yes, Senator, I am, and certainly reliability 
is critical in making sure that we retain customers.
    We need to have open communication and strong collaboration 
with our partners to make sure that we get some of these issues 
worked out so we can improve our on-time performance.
    Senator Wicker. OK. Well, I thank you very much. I've got, 
Mr. Chairman, I've got questions about public safety and 
highway safety and the clock has ticked along.
    So I will submit those for the record. The witnesses should 
be aware that I'm just as interested in their issues, so I'll 
submit those.
    Thank you for your indulgence.
    The Chairman. Senator Moran is up next.

                STATEMENT OF HON. JERRY MORAN, 
                    U.S. SENATOR FROM KANSAS

    Senator Moran. Mr. Chairman, thank you very much.
    Ms. King, it's good to see you again. Thank you for your 
testimony in front of our Subcommittee and I look forward to 
continuing to work with you in that regard.
    I'm going to direct my efforts this morning to Mr. Gruters, 
as well.
    You and I had a conversation prior to the hearing and I 
appreciate that conversation, but I want to highlight for you a 
problem that I'm taking very seriously that's developed just in 
the last few weeks that involves Amtrak and the Southwest 
Chief.
    The Southwest Chief makes 31 stops between Chicago and Los 
Angeles. Those stops include of concern today places in Kansas, 
Colorado, and New Mexico, and our communities and our states, 
those three states, have over a long period of time pursued 
efforts with BNSF, the Class 1 Carrier, and Amtrak to develop 
and maintain, to improve the quality of the rail in those three 
states.
    It has been a cooperative effort with Amtrak and it has 
involved communities in my state, such as Garden City and Dodge 
City, and we've now been successful in acquiring three TIGER 
Grants beginning in 2014 and the most recent one was just 
announced by the U.S. Department of Transportation.
    So we have been working with the railroad and Amtrak to 
improve the maintenance of those rail lines and improving 
therefore the quality of Amtrak service.
    Unfortunately and disturbing to me, Amtrak administration, 
the leadership has announced they will not complete their part 
of the bargain on the last TIGER Grant and while there can be, 
as I indicated to you, a discussion about the value of long-
term rail service through Amtrak in this country, that can be a 
philosophical discussion, it can be a practical one.
    In my view, there can be no value discussion in keeping 
one's word, and in my view, Amtrak has reneged on what it 
committed to do and it has raised the attention of my 
colleagues from our three states, but I'm of the belief that 
Federal agencies, just like individuals, have a responsibility 
to behave with integrity, and I don't see that at the moment.
    I want to submit for the record here in just a minute an 
op-ed piece from Joe Boardman, who is the retired CEO and 
President of Amtrak. He retired in 2016 but a long history in 
providing leadership in the rail world.
    His point in his column is, ``Amtrak has informed elected 
officials in Colfax County, New Mexico, that it will not 
provide its match for a recently awarded congressional grant 
intended to sustain the operation of the Southwest Chief.''
    This, I'm quoting Mr. Boardman, ``This directly undermines 
a Federal grant program that,'' while he was Amtrak President, 
``he brokered with BNSF to improve the route used by the 
Southwest Chief to benefit Amtrak and freight trains.''
    He says, ``A pattern is emerging of Amtrak management and 
its Board of Directors seeking on its own and without public 
input and transparency to hog all Amtrak Federal financial 
assistance to be used elsewhere, to shorten Amtrak's long 
distance routes so as to shift costs to states, ultimately 
destroying Amtrak's national inter-connectivity. The Southwest 
Chief issue is a battleground whose outcome will determine the 
fate of America's national interconnected rail passenger 
network, highlighting or heightening the importance of this 
issue, which suggests to me that there may be a change of 
attitude and approach at the Amtrak Board and its senior 
leadership that would be contrary to the congressional mandate 
about national rail passenger service.''
    So, Mr. Gruters, let me just use this as an opportunity 
first to highlight the problem and then to ask you for any 
thoughts or suggestions you might have, should you be confirmed 
as a Member of that Board, how do you react to what I have told 
you this morning and before we met and now in this hearing?
    Mr. Gruters. Thank you very much, Senator, and certainly 
from what you're describing, it seems to be very frustrating 
and what I will tell you is the unique thing about being a 
Member of the Board of Amtrak is you essentially have a 
fiduciary responsibility as a corporate officer to the company, 
but we have our mission set forth by Congress.
    So I will look forward to working with you and your team 
and the Senate to try to make sure that agreements are upheld 
and that we do the right thing at the end of the day.
    Senator Moran. Mr. Gruters, let me also highlight for you 
that this past week, Amtrak announced that they were 
eliminating the only position in Topeka, a ticket agent, one 
employee of Amtrak, the only person that works there. That 
position is being eliminated, and I would ask your cooperation 
in working with me now before your confirmation and if you 
become a Member of the Board to pursue this additional 
reduction in service.
    I've been involved in trying to help save the Postal 
Service and it seems to me too often that we have a 
circumstance in which we reduce the service, expecting then 
there to be better days.
    You cannot reduce service and expect customers to arrive at 
your doors and Amtrak is demonstrating that in my view in both 
instances.
    Mr. Chairman, I'd ask unanimous consent to have the letter 
of the op-ed piece of Mr. Boardman submitted for the record.
    The Chairman. Without objection.
    [The information referred to follows:]

  https://www.railwayage.com/passenger/intercity/amtrak-where-is-the-
                public-input-where-is-the-transparency/#

                       Railway Age--May 10, 2018

     Amtrak: Where is the public input? Where is the transparency?

                     Written by Joseph A. Boardman

    Having spent much of my productive life at the state and Federal 
levels observing, studying, regulating and then leading a rail 
management team, I am appalled with what increasingly appears a 
unilateral violation of the public trust by Amtrak's current leadership 
to dismantle our interconnected, intercity rail passenger network, 
beginning with hollowing out of its long-distance passenger train 
service.
    Amtrak is not a privately held corporation whose fate is to be 
determined by a few individuals behind closed doors. It was created by 
the people and for the people and is funded by taxpayers who help to 
supplement Amtrak's fare box revenue. Amtrak provides a cherished 
public service, with opinion polls repeatedly validating support for 
its existence and even expansion.
    The role of Amtrak leadership is to operate the railroad and its 
various lines of business safely, efficiently and in accordance with 
congressionally approved statutes. It is the role of congressional 
lawmakers who answer to the public to determine the fate of Amtrak, and 
only through a transparent legislative process.
    From materials I have seen submitted to congressional staff, Amtrak 
management has begun surgical communications in a way that does not 
provide a transparent discussion of what management is doing or 
intending to do. Quite the opposite of being transparent, Amtrak 
management is limiting the substance of public briefings, denying 
journalists access to relevant management officials and making 
decisions in isolation.
    Evidence points to a covert effort to divide Amtrak's political 
constituencies and create distrust and discord. Consider a current 
effort by Amtrak management to convince opinion leaders and decision 
makers that providing service via the Southwest Chief passenger train, 
which makes 31 stops between Chicago and Los Angeles, is somehow too 
costly.
    Confirming this intent to eliminate the service, Amtrak has 
informed elected officials in Colfax County, N.M., that it will not 
provide its match for a recently awarded congressional grant intended 
to sustain operation of the Southwest Chief. This directly undermines a 
Federal grant program that, while Amtrak president, I personally 
brokered with BNSF CEO Matt Rose to improve the BNSF route used by the 
Southwest Chief--a joint benefit to freight trains and Amtrak.
    Additionally, Amtrak management is engaged in ``weaponizing'' 
safety to attack more broadly Amtrak's long-distance network. Under a 
facade of ``safety first,'' there are threats to discontinue Amtrak 
operated passenger trains by Dec. 31, 2018, wherever Positive Train 
Control is not installed and operating. That is neither acceptable nor 
responsible.
    Yet on route segments--some 100-miles or longer--where the Federal 
Railroad Administration (FRA) has decided to exclude a requirement for 
PTC, Amtrak responsibly intends to utilize a highly respected Federal 
Aviation Administration safety program to assess risks.
    Certainly, commuter carriers operating in the congested Northeast 
will continue operating on non-PTC equipped track beyond the Dec. 31, 
2018, deadline for its installation because other FRA safety measures 
will govern operation.
    Halting New Jersey Transit or Metro-North commuter railroads 
because a PTC deadline cannot be met and other safety measures are in 
place would be ridiculous. If commuter carriers in the Northeast can 
continue operating beyond the Dec. 31, 2018, PTC deadline, then 
certainly the Southwest Chief can, also.
    Indeed, there is additional mitigation for safety risks, such as 
Automatic Train Stop or even solar powered switch position indicators. 
And, yes, it will take time and funding, but neither Amtrak management 
nor its board of directors has made clear whether service would be 
continued while those mitigations are funded and completed. If it is 
not made clear by July, then Amtrak management and its board is 
validating my allegation of ``weaponizing'' safety to attack Amtrak's 
national interconnected passenger train network.
    Make no mistake: I am strongly in support of Positive Train Control 
technology, and my record as the Nation's rail safety regulator speaks 
for itself. Safety conscious railroaders know that PTC is not an off-
the-shelf technology, and where the FRA has allowed extensions and 
exclusions, there are available safety mitigations.
    A pattern is emerging of Amtrak management and its board of 
directors seeking, on its own and without public input and 
transparency, to hog all Amtrak Federal financial assistance to 
complete Northeast Corridor (NEC) rail projects such as the Gateway 
Program, to procure new ``city pair'' trainsets for off-NEC operation, 
and to shorten Amtrak long-distance routes so as to shift costs to 
states, ultimately destroying Amtrak's national interconnectivity.
    I think current Amtrak management and its board of directors have 
drawn a line in the sand at the foot of Raton Pass, targeting the 
Southwest Chief as their first--but not last--long-distance train to 
target for cutting.
    The Southwest Chief issue is the battleground whose outcome will 
determine the fate of American's national interconnected rail passenger 
network. Said more simply, the battle is Raton Pass vs. Gateway. The 
history of public policy toward Amtrak is that you cannot have one 
without the other.
    Congressional leaders have long asserted that without support for 
Amtrak's long-distance trains, Federal support for the Northeast 
Corridor will evaporate.
    While there is eminent good reason to fund Northeast Corridor 
projects, there is equivalent good reason for preserving daily train 
service to, for example, Dodge City, Kan., La Junta, Colo., and Havre, 
Mont., where the economic impact is significant and other options non-
existent.
    Ignoring the political process and unilaterally abandoning service 
linking Denver with Albuquerque and Los Angeles is equally absurd and 
would not survive a transparent public process were it allowed.
    Joe Boardman retired in 2016 after eight years as Amtrak president 
and CEO, making him second only to W. Graham Claytor Jr. as Amtrak's 
longest serving CEO. Previously (June 2005-December 2008), he was 
President George W. Bush's Federal Railroad Administrator. Earlier, 
Boardman was the longest serving Commissioner of Transportation in New 
York State history. In 2014, he was Railway Age's 51st Railroader of 
the Year.

    Senator Moran. Mr. Gruters, thank you.
    Mr. Gruters. Thank you.
    The Chairman. Thank you, Senator Moran.
    Senator Peters.

                STATEMENT OF HON. GARY PETERS, 
                   U.S. SENATOR FROM MICHIGAN

    Senator Peters. Thank you, Chairman Thune.
    Thank you to each of our nominees for your willingness to 
serve our country and, if confirmed, I look forward to working 
with all three of you on these critical issues.
    Acting Administrator King, you and I discussed specifically 
how the future of self-driving vehicles holds tremendous 
promise for safety, mobility, sustainability.
    As you know, Chairman Thune and I, along with a broad 
bipartisan group of colleagues, have been working very hard on 
the AV START Act, which was passed out of this committee 
unanimously. We hope to get action on the Floor soon.
    In that law, we are expecting NHTSA to implement the bill, 
to oversee it, and move very quickly, and certainly hope I have 
your commitment to do that.
    Ms. King. You have my commitment to obey the laws issued by 
Congress, yes.
    Senator Peters. Plus, from our discussion, it's something 
that you believe will enhance safety dramatically in this 
country and why speed is critical.
    Ms. King. Yes, 37,461 of our friends and neighbors died in 
traffic crashes in 2016. That is why NHTSA would like to assure 
safety but remove barriers to adoption of advanced safety 
technologies that can reduce the fatalities and injuries on our 
roadways.
    Senator Peters. All right. Thank you.
    Ms. King, I also believe the U.S. is uniquely positioned to 
lead the world in the development of connected vehicles related 
to AV, to be able to have those kinds of connections.
    There are significant connected vehicle investments 
underway currently that will need to move forward even before 
we get to fully self-driving, fully autonomous.
    So my question to you is, do you support and will you 
actively advocate for preserving the full 75 megahertz of the 
5.9 gigahertz spectrum for V2V as well as V2X technologies?
    Ms. King. Yes, I do hope that the safety spectrum will be 
preserved for its use in safety applications in transportation.
    Senator Peters. Could you also please provide a status 
update on NHTSA's ongoing review of the comments that were 
received in response to the Vehicle to Vehicle Rule Notice of 
Proposed Rulemaking?
    Ms. King. Absolutely. There were, as I recall, 460 
comments. I actually do read the comments submitted into the 
docket, although I have not read all of them.
    We have in response to those comments. We're pursuing 
further research with respect to some technical areas. In 
particular, there's research on interference this month, and I 
continue in discussions, both at the policy level and at the 
career staff technical level, with my colleagues at NTIA. I've 
also spoken with FCC.
    Senator Peters. I think there are some folks that have been 
very concerned about the lack of direction from NHTSA on this 
issue and some of the clarity coming from NHTSA and that's 
actually negatively impacting the market.
    In fact, I think there's a signal to other countries that 
in deploying these critical life-saving technologies, that the 
United States is behind.
    When do you expect NHTSA to finalize the rule?
    Ms. King. As I mentioned, we have some research in progress 
that we would like to move forward on first. The Department of 
Transportation's position is that we don't want to pick winners 
or losers. So we are looking to make sure that we understand 
the technologies and their use and any technical issues that 
could be considerations in deploying safety applications for 
transportation.
    You have very much my commitment to work on this. My 
colleague at NTIA is a former colleague from our time at House 
Energy and Commerce Committee. We're both excited to have the 
chance to work together and to move forward expeditiously. We 
both prioritize safety on our roadways.
    Senator Peters. Well, we've heard the term 
``expeditiously'' for a long time now.
    Do you actually have a deadline or a time that you are 
hoping to achieve this goal?
    Ms. King. I hope to have something I can share with you 
soon when I come to meet with you with my colleague from NTIA. 
As I mentioned, later this month we have research in the field 
with respect to interference, which is an important feature of 
the use of spectrum for safety technologies.
    As you know, if there's interference, the safety 
technologies may not work. So the research is ongoing as a 
science- and data-driven agency with many engineers. We need to 
make sure we get it right and so I will apologize if it has not 
moved more quickly during my seven and a half month tenure but 
you have my commitment to get it right, to have the safety 
technologies in the field that will save lives.
    Senator Peters. As we're talking timelines, go back to the 
testing of this 5.9 gigahertz, which is critical to bring these 
safety technologies forward, as you know, that's been allocated 
for autos. This is about life-saving types of communications, 
not a faster download of a movie.
    This is about saving people's lives and so there has been a 
commitment from this committee and members of this committee to 
try to move that along quicker. In fact, Chairman Thune sent a 
letter to the FCC and DOT and Department of Commerce asking the 
testing to be completed, I think, at the end of 2016.
    In June 2016, the FCC published a public notice and had 
three phases of testing that were to be completed by January 
2017. Since then, there has been very little transparency 
regarding the status of this testing and, quite frankly, I 
think this committee is being ignored when it comes to these 
timelines for this testing of critical technology.
    You know, I'm out of time right now, but I have a series of 
questions for the record that I would hope to get a very quick 
response to. This is something that we need to have some 
certainty as to where we are and when we will find an end date.
    So I will be submitting those for the record, Mr. Chairman, 
and when I have your commitment to have a response within a 
week or two.
    Ms. King. Absolutely, and I look forward to working with 
you. This is very important to me, as well.
    Senator Peters. Great. Thank you.
    Ms. King. Thank you.
    The Chairman. Thank you, Senator Peters, and as he pointed 
out, Senator Peters and I believe that the introduction of 
autonomous vehicles done the right way will dramatically 
improve and promote safety in this country and so I hope we can 
move forward with that legislation and hopefully ultimately 
you'll have the opportunity to implement it.
    Next up is Senator Blumenthal.
    Senator Blumenthal. Thanks, Mr. Chairman.
    Welcome to all of you and congratulations on your 
nomination.
    Ms. King, are you familiar with the letter that I sent to 
you joined by Senator Markey the day before yesterday regarding 
keyless ignition systems and the deaths that they are causing 
around the country?
    Ms. King. Yes, and thank you for that.
    Senator Blumenthal. As you are aware, the New York Times 
has reported that there have been at least, I underscore at 
least, 28 deaths and 45 injuries linked to carbon monoxide 
poisoning due to these keyless ignition systems. Drivers leave 
the cars running, taking the key with them and the engine 
continues to operate literally poisoning them.
    I'd like your commitment that NHTSA will launch an 
investigation into all of these 28 deaths and any others that 
may have occurred.
    Ms. King. Senator, we actually may have some materials on 
some of those. As you know, it's heart-breaking but hundreds of 
Americans die from carbon monoxide poisoning each year because 
of combustion in confined spaces.
    Senator Blumenthal. Well, that's no excuse, though, for 
this----
    Ms. King. No, no,----
    Senator Blumenthal.--design flaw.
    Ms. King.--it's not.
    Senator Blumenthal. And I regard it as a design flaw and 
it's potentially fixed very easily, virtually costlessly, less 
than $5 a car.
    I'd like your commitment that you will demand that 
automakers install that fix.
    Ms. King. I thank you for raising the issue to raise public 
awareness. The research that NHTSA has performed to date has 
suggested a number of causes to the carbon monoxide poisonings 
that we've seen.
    I would be delighted to sit and share that information with 
you. We will do----
    Senator Blumenthal. Are you saying that----
    Ms. King.--everything to address the----
    Senator Blumenthal.--the New York Times report was 
incorrect in attributing those deaths to carbon monoxide 
poisoning caused by the engine continuing to run?
    Ms. King. The New York Times has not provided me with the 
information they were using for their report.
    Senator Blumenthal. Well, this is a very simple--I really 
think, given the limitations of time and literally the fatal 
consequences from this design flaw that it's really a pretty 
simple straightforward answer that I'm asking from you.
    Your commitment that you will demand that these fixes be 
installed, your commitment that you will complete rulemaking as 
soon as possible, your commitment that you will raise public 
awareness, those three steps, will you commit to them?
    Ms. King. Absolutely----
    Senator Blumenthal. Yes or no?
    Ms. King. Absolutely on Number 3. These issues, carbon 
monoxide poisoning in homes are generally not reported to 
NHTSA. We are very proactive in finding the information and 
learning what we can and pursuing any defect of an automotive 
nature that we can. We are responsible for pursuing any 
automotive safety issue.
    Senator Blumenthal. Would you agree with me that this 
design flaw is a defect that should be repaired in every 
individual not only because of carbon monoxide poisoning, but 
also the dangers of rollovers and other potential deaths or 
injuries that may result from an engine that continues to run 
when the driver has left it with the key and that design flaw 
or defect can be corrected by an automatic engine shutoff or by 
a much clearer warning? Wouldn't you agree?
    Ms. King. Senator, there are several things inter-related 
there. There has been a recall on the roll-away feature with 
push-button ignition and separately, yes, NHTSA, whenever it 
hears of a safety defect or a potential safety defect, more 
than 6,000 reported each and every month, we look into it and 
we act where appropriate, where the facts and the science take 
us.
    You have my commitment, you in fact have the commitment of 
each and every man and woman at NHTSA who do this each and 
every day, and I understand that the article was very important 
to raise awareness and I'm appreciative of that.
    The facts are not necessarily in my hands to commit to 
those being what they may have been represented as, but I will 
track it down and I look forward to following up with you.
    Senator Blumenthal. How many deaths due to this defective 
feature of those cars are you aware of?
    Ms. King. Actually, the CDC reports hundreds of deaths due 
to things like space heaters. It might be people with a keyed 
ignition pre-heating their car. So it's not only push button, 
it's very often keyed ignition. It's very often because someone 
is doing automotive maintenance in their--they may be working 
on their car servicing it and leaving the engine running while 
they adjust things. So it's a problem associated with running a 
car in a confined space.
    Senator Blumenthal. So you will commit at least--and I 
apologize for interrupting, but I am running out of time, in 
fact have run out of time. You will commit that NHTSA's Office 
of Defects Investigation will begin an investigation, yes?
    Ms. King. We will continue to scrutinize the facts and 
acting as we are allowed within the law, yes.
    Senator Blumenthal. Well, I'm hoping that's a yes.
    Thank you, Mr. Chairman.
    The Chairman. Thank you, Senator Blumenthal.
    Senator Nelson has a quick question he wants to get in. 
Senator Nelson.
    Senator Nelson. And then I have to go to another meeting.
    Ms. King, here's another example of a defect in the 
automobile industry. You are already at the National Highway 
Traffic Safety Administration. So you are, if confirmed, 
invested with the responsibility of trying to make sure that 
folks are safe.
    A lot of police departments around the country have Ford 
Explorers. Well, what they're finding is the models between 
2011 and 2017, have carbon monoxide poisoning coming into the 
vehicles. So obviously we need to get this stopped. It's 
affecting our police departments. They've had to take all of 
these assets and remove them from their fleets.
    Will you find out why it's taking so long to get this 
corrected and where there are more than a million drivers in 
the country with these Ford Explorers, particularly police 
officers who are driving those cars every day? We need to find 
out if their cars are safe to drive. Will you bring that to a 
conclusion?
    Ms. King. I'm happy to provide more information on that 
ongoing recall. They've made great progress, and I'm looking 
forward to sharing more information, yes.
    Senator Nelson. I wish you could just say a simple yes or 
no. It would be so much more comforting to know that it's not 
going to be the fox guarding the hen house, that instead it's 
going to be the farmer guarding the hen house, the hen house 
being the driving public of America. It would be so nice to 
have you just say ``yes, I'm going to get to the bottom of 
these traffic problems and automobile problems that are causing 
deaths and injuries.''
    Ms. King. Yes, I'm going to get to the bottom of these 
automobile and traffic problems that are causing deaths and 
injuries.
    Senator Nelson. Thank you.
    The Chairman. Thank you, Senator Nelson.
    Senator Cortez Masto up next.

           STATEMENT OF HON. CATHERINE CORTEZ MASTO, 
                    U.S. SENATOR FROM NEVADA

    Senator Cortez Masto. Thank you.
    Welcome. Congratulations on your nominations. Welcome to 
your family, as well. It's great to see everyone here.
    Ms. Homendy, let me start with you, if that's all right. 
Obviously you have an accomplished background in rail and 
safety issues and given that, you are acutely aware that there 
have been various examples of concerning derailments with crude 
oil by rail and hazardous materials in recent years.
    It's no surprise I'm from Nevada. I'm deeply concerned with 
any effort to dramatically expand the movement of spent nuclear 
fuel and high-level radioactive waste on our Nation's rail and 
highway network.
    I've previously submitted a report into the Committee 
record that underscores that this hazardous material would be 
traveling in close proximity to tens if not possibly hundreds 
of millions of Americans, including through 329 congressional 
districts, and a vast majority of the Lower 48 states would all 
be impacted by shipments to Yucca Mountain in Nevada.
    Nearly all of these folks won't have any idea when, where, 
or how much is traveling through their communities, and to give 
you a sense of this scale, this project would require the 
shipment of waste from 76 sites in 9,500 rail casks within 
2,800 trains, 2,650 trucks hauling one case each, to Yucca 
Mountain, for over 50 years.
    But it is the lack of the fool-proof safety of our 
infrastructure that I'm concerned with and everyone else in 
this country should be, as well.
    And so my question to you, is the public provided with 
information on the timing of shipments and hazardous wastes 
moving through their community? Would the public know that?
    Ms. Homendy. No, Senator.
    Senator Cortez Masto. And so under the current system, 
highly dangerous radioactive waste would be moving on a railway 
down the street and families across the country would have no 
idea that that is occurring, is that accurate?
    Ms. Homendy. That's accurate.
    Senator Cortez Masto. And can you speak to what other rail 
and labor safety regulatory efforts have been legislated on or 
that even have been recommended by the NTSB that have not been 
put into effect yet?
    Ms. Homendy. Yes, there are a number of measures that have 
not been implemented yet. Some were in the 2008 bill, PTC being 
one of them, fatigue management plans, and certainly minimum 
training standards for rail workers, but even with all of those 
implemented, you could not engineer out 100 percent the risk of 
transporting nuclear waste, and 75 to 90 percent will be going 
by rail. So if an accident did occur, it could be devastating.
    Senator Cortez Masto. Thank you. Thank you very much.
    Ms. King, I want to talk to you about an issue that has 
come to my attention because I've recently received letters, a 
number of them, but this one has been signed by a number of 
groups, including the League of Conservation Voters and Union 
of Concerned Scientists, and in the letter, they state, ``The 
recent leap to joint draft proposal for light-duty vehicle 
standards for fuel economy and greenhouse gas emissions shows 
that NHTSA, alongside the EPA, intends to significantly weaken 
the existing standards through model year 2026.
    This proposal relies on unjustified cost analysis and data, 
flawed safety assumptions, and blatant disregard for energy 
conservation and climate change. This proposal would increase 
oil consumption by 206 billion gallons of gasoline between the 
years 2020 and 2050.
    Further, it will put the American industry behind in the 
global market where many of our largest competitors, like China 
and India, are moving forward with more stringent standards.''
    Now Nevadans and all Americans want more fuel-efficient 
cars to save them money. In fact, a recent Consumer Union 
survey found nearly nine out of 10 consumers want automakers to 
continue to raise fuel efficiency, and on this issue of CAFE 
standards, in fact, I literally have been visited by automakers 
who recently came in and we talked on a number of issues and 
they underscored to me that they don't want to have this form 
of a rollback in CAFE standards.
    Do you believe this is in the interests of the U.S. to 
reduce our use of oil?
    Ms. King. No, Senator. There was a lot there. There is an 
ongoing rulemaking that I'm working with my colleagues at the 
Environmental Protection Agency on. There is not a proposal 
yet.
    We will propose a rulemaking soon for public comment 
period. I have seen the press reports you reference. I've not 
seen the documents that they believe may have been leaked, but 
I can assure you that both the National Highway Traffic Safety 
Administration and the EPA are working together on a data- and 
science-driven process and look forward to a transparent 
process and receiving public comment.
    The letters you've received, I would encourage those 
commenters to participate vigorously in the process to make 
sure that this very important rulemaking is the best possible 
in its outcome.
    Senator Cortez Masto. Can I ask you, do you agree that 
keeping the one national program together is important for 
industry certainty?
    Ms. King. Absolutely.
    Senator Cortez Masto. Thank you.
    I notice my time is up. Thank you very much.
    Ms. King. Thank you.
    The Chairman. Thank you, Senator Cortez Masto.
    Next up is Senator Hassan.

               STATEMENT OF HON. MAGGIE HASSAN, 
                U.S. SENATOR FROM NEW HAMPSHIRE

    Senator Hassan. Thank you very much, Mr. Chair, and good 
morning to the nominees. Congratulations on your nominations, 
and congratulations to your families, as well. It is a team 
effort when you do this kind of work and we are very, very 
grateful for your interest and willingness to do it.
    Ms. King, I have a couple of questions for you. I enjoyed 
our meeting very much the other day, and I enjoyed the 
conversation.
    I wanted to follow up with you regarding the issue of 
autonomous vehicles or AVs, as we are learning to call them. It 
is clear that autonomous vehicles hold great promise for 
reducing crashes, deaths, and injuries on our nation's 
highways.
    However, during the 2016 Los Angeles Auto Show, an AV could 
not operate because it could not read faded lane markings on 
the road. It seems that significant upgrades might be needed on 
our Nation's roads to support these vehicles.
    What is NHTSA doing to ensure that our infrastructure is 
ready for AVs, and will you collaborate with other agencies to 
ensure necessary upgrades are made before AVs are widely 
deployed?
    Ms. King. Yes, I'd like to outline a few things I'm doing.
    First of all, we are implementing at NHTSA a Vision for 
Safety 2.0. Last September, the guidance that was issued to 
allow for transparency around these technologies that are 
undergoing innovation and testing.
    It's important to remember that there are no automated 
driving systems or self-driving cars sold in America today. 
This is a technology which is being developed and tested.
    A Vision for Safety would allow for transparency into how 
each of the manufacturers are assuring safety, to make sure 
that the manufacturers and developers tell us how they ensure 
that they're not crashing into things, protect the occupants, 
get where they're going, and obey traffic laws. That's 
important, I think, to each and every one of us.
    We're also identifying where our existing regulatory 
structure would put a hindrance to safety by having barriers to 
adopting more innovative technologies.
    We're making expeditious movement on the funding. I thank 
Congress for the $6.7 million in funding that is now being 
applied to partnerships in research to assure safety in these 
technologies, in particular with Virginia Tech University.
    We're partnering with industry and with SA to explore 
functional safety/system safety software, and to identify the 
definition of safe in this new technology
    Senator Hassan. Well, I thank you for that, and those are 
all important developments.
    I think the other issue, though, is how do you collaborate, 
both across Federal agencies and with states and local 
governments, to make sure that their infrastructure is such 
that it can be used effectively with AVs? If lane markings on a 
road are so faded that an AV cannot read them, then that is a 
real problem, right?
    So I think what I would like to do as I move on to my next 
question, is ask that you reach back out to my office and help 
me understand what kind of collaboration NHTSA is looking at 
doing with all the various agencies and governing bodies that 
impact infrastructure. Does that sound like something you can 
commit to?
    Ms. King. I need to tell you about it. Thank you.
    Senator Hassan. OK. Thank you.
    I also understand, Ms. King, that you have not spoken 
publicly about your views on climate change. It is an important 
issue to the NHTSA Administrator role because, if confirmed, 
you would be dealing with various issues, including CAFE 
standards that will require you to strike a balance between 
industry needs and the needs of our country and our 
environment.
    Do you agree with the scientists and experts who 
overwhelmingly agree that human-caused climate change is real 
and needs to be addressed?
    Ms. King. As an automotive and traffic safety regulator, 
you have my commitment to be data-driven and science-driven and 
thoughtful and transparent in all actions and where it is 
necessary for us to consider climate impacts, which is very 
important to everyone, I will do so, relying on the experts. I 
rely on engineers, attorneys, and others.
    Senator Hassan. And I am going to ask you, do you agree 
that human-caused climate change is real and needs to be 
addressed? There is overwhelming data and scientific evidence, 
including a vast body of scientific work, that says that it 
does.
    Ms. King. I agree that it's very important for experts to 
speak on the issue. I apologize. I'm not a climate scientist, 
but I have great respect for the discipline.
    Senator Hassan. And, Ms. King, I will thank you for that. I 
am not a climate scientist either, and I am very comfortable 
saying that the overwhelming amount of evidence that I read, 
and have read, over the course of my time both as a private 
citizen and as a public servant not only suggests but confirms 
that climate change is real, and I am a little bit concerned, 
and I think other people will be too, that you seem unwilling 
to acknowledge that the evidence is there.
    So thank you. We will continue this conversation.
    Ms. King. Thank you.
    Senator Hassan. Thank you, Mr. Chairman.
    The Chairman. Thank you, Senator Hassan.
    Senator Gardner is up next.

                STATEMENT OF HON. CORY GARDNER, 
                   U.S. SENATOR FROM COLORADO

    Senator Gardner. Thank you, Mr. Chairman, and thank you to 
the witnesses for your time and testimony today and your 
willingness to serve the country.
    Mr. Gruters, do you believe that keeping your word is 
important, correct?
    Mr. Gruters. Yes, Senator.
    Senator Gardner. Do you believe that keeping a commitment 
is important, correct?
    Mr. Gruters. Yes.
    Senator Gardner. You believe that keeping the commitment 
that is made by an organization that you represent is 
important, correct?
    Mr. Gruters. Yes, Senator.
    Senator Gardner. As a Director on Amtrak's Board of 
Directors, will you support honoring commitments that Amtrak 
has made?
    Mr. Gruters. Without--thank you, Senator. Without being on 
the Board, without looking at the specific commitments, all I 
can say is that I will do everything I can as a Board Member to 
work with you and your team and to keep whatever commitments 
they did make, to make sure that they're followed through on.
    Senator Gardner. So let me just--that's a pretty good yes 
or no opportunity here.
    Mr. Gruters. Yes.
    Senator Gardner. If Amtrak makes a commitment, you will 
work to uphold that commitment?
    Mr. Gruters. Yes, sir.
    Senator Gardner. Well, here's a commitment that Amtrak 
made. Amtrak strongly supports this application, referring to 
the Southwest Chief, as a continuation of the already-funded 
portions of the Southwest Chief Route Improvement Project under 
TIGER VI and TIGER VII.
    So they made a commitment. They supported that Amtrak is 
prepared to assist the states and BNSF in developing and 
completing such an agreement. So Amtrak made this commitment to 
provide $3 million as part of the TIGER IX Grant.
    Do you agree Amtrak should follow through with that 
commitment?
    Mr. Gruters. Yes, and although that I'm not on the Board 
yet, so I don't know all the particulars of that specific----
    Senator Gardner. Well, they made it.
    Mr. Gruters. If they made a commitment, the answer is yes, 
they should follow through on the commitment.
    Senator Gardner. Thank you.
    Mr. Chairman, I would ask that I be allowed to submit this 
letter of Amtrak, October 13, 2017, with their commitment for 
the record.
    Thank you.
    The Chairman. Without objection.
    [The information referred to follows:]

           National Railroad Passenger Corporation (Amtrak)
                                                   October 13, 2017

Bill Sauble,
Chairman,
Colfax County Commission,
Raton, NM.

Dear Mr. Sauble:

Dear Chairman Sauble and Colfax County Commissioners;

    The National Railroad Passenger Corporation (Amtrak) would like to 
take this opportunity to express its support for the Southwest Chief 
Route Improvement Project (``the Project'') grant application you are 
submitting in response to the Notice of Funding Opportunity for the 
United States Department of Transportation's (USDOT) National 
Infrastructure Investments under the Consolidated Appropriations Act, 
2016, a program also referred to as ``TIGER Discretionary Grants.'' 
This Notice announced the availability of $500 million to be awarded by 
USDOT for infrastructure projects that will have a significant impact 
on the nation, a metropolitan area, or a region.
    Amtrak strongly supports this application as a continuation of the 
already funded portions of the Southwest Chief Route Improvement 
Project under TIGER VI and VII. AS you know, Amtrak, along with 
numerous municipalities, the BNSF, and other local community 
organizations, has supported previous applications with a financial 
contribution to the Project. Amtrak will offer a $3 million match 
towards the project costs if the grant application for the requested 
amount is successful. Before Amtrak will fulfill this contribution, a 
comprehensive financial plan and accompanying commitments by relevant 
states and BNSF for the remainder of the infrastructure investments and 
associated additional maintenance costs for this route in New Mexico 
must be completed. Amtrak is prepared to assist the states and BNSF in 
developing and completing such an agreement.
    Based on the information made available to us regarding the 
project's eligibility, and subject to the development of such project-
specific agreements as USDOT and Amtrak may require, we strongly 
support this application as a potential candidate for funding. It is 
Amtrak's expectation that, prior to the obligation of grant funds for 
this project, the County of Colfax, New Mexico, BNSF and Amtrak will 
enter into appropriate agreements setting forth our roles and 
responsibilities with respect to the project, with terms acceptable to 
Amtrak
    The advancement of the Southwest Chief Improvement Project will not 
only significantly improve our Nation's transportation infrastructure, 
but will also contribute to the economic competitiveness of the United 
States. We appreciate your leadership in filling this application and 
look forward to working with you on this and future opportunities to 
improve intercity passenger rail transportation.
            Sincerely,
                                          William N. Feidt,
                 Executive Vice President, Chief Financial Officer.

    Senator Gardner. And I just appreciate that because the 
grant was given. It was announced. It was announced to us and 
I'd appreciate your commitment to that grant and the commitment 
that Amtrak made. So thank you. Thank you for that.
    I look forward to working with you on many issues as it 
relates to the Southwest Chief improvement. You've got Kansas, 
Colorado, New Mexico that have made significant improvements, 
commitments of state dollars, Federal dollars that have been 
going to it, very important.
    I'd also ask unanimous consent, Mr. Chairman, that a letter 
from the Rail Passengers Association be submitted for the 
record. This talks about the fact that Southwest Chief's 
ridership is up 14 percent from 8 years ago in 2009. It talks 
about the Chief's performing in the top part of the routes that 
Amtrak has. It talks about the concerns that some of the 
decisions that Amtrak may be making. Just ask this be submitted 
for the record.
    The Chairman. Without objection.
    [The information referred to follows:]

    
    

    Senator Gardner. Thank you, Mr. Chairman.
    I do appreciate, Mr. Gruters, your commitment to the 
commitment that Amtrak has made.
    Ms. King, talked a little bit about the conversation we had 
in our office. In your written testimony, you mentioned that in 
March, NHTSA hosted a summit to launch an initiative aimed at 
curbing drug-impaired driving on our nation's roadways.
    As you know, Colorado, like many other states, has moved to 
legalize recreational marijuana. With that, our state has 
sought to ensure the safety of our communities, including on 
our roadways.
    We know that when an individual uses marijuana, they become 
impaired. However, it seems that there are still many 
unanswered questions regarding how and when that impairment is 
realized, particularly as it relates to motorists, and that we 
have more work to do to equip law enforcement with the tools to 
identify and prove impairment, the testing that occurs, and 
some of the challenges around finding the right science to make 
that happen.
    Could you share with me and the Committee how NHTSA's 
working to curb drug-impaired driving, specifically marijuana-
impaired driving?
    Ms. King. Absolutely. And thank you for that question, 
Senator. It's a very important issue and emerging throughout 
the United States.
    There is research ongoing and supported by NHTSA with 
respect to the tools that might help identify and provide 
chemical evidence, such as testing oral fluids or saliva, for 
the presence of THC or marijuana.
    There's also research being supported that will allow field 
sobriety tests that may identify impairment from drugs or 
substances other than alcohol.
    In addition, we're working very closely with the states. 
This being a highway safety issue, it came to me from my 
conversations with states, the experts in our communities who 
are seeing this on our highways. Some of them have already 
innovated either laboratory protocols for testing or other 
tools that they can use.
    We have the ongoing Drug Recognition Expert Program that 
NHTSA is very excited about to supply peace officers with 
training to be able to better identify the signs and symptoms 
of a drug and non-alcohol impairment.
    So there are many pieces of work in progress. We look 
forward to looking back many years from now and saying we 
remember when that was a problem but we will have hopefully 
made the same progress as we've been making with alcohol and 
providing the tools to the field.
    Senator Gardner. Great. Thank you, and I would just ask for 
your commitment to work with myself and others on the Committee 
facing the same situation we do in Colorado, how to deal with 
it and how to move forward with these kind of solutions.
    Ms. King. Yes, it would be my honor to do so.
    Senator Gardner. Thank you, Ms. King.
    Thanks, Mr. Chairman.
    The Chairman. Thank you, Senator Gardner.
    Senator Cantwell.

               STATEMENT OF HON. MARIA CANTWELL, 
                  U.S. SENATOR FROM WASHINGTON

    Senator Cantwell. Thank you, Mr. Chairman.
    Mr. Gruters, congratulations on your nomination. I hope you 
are aware that at the end of 2017, we had a horrific Amtrak 
derailment in Washington which killed three people and put I-5 
into a devastation of debris and shut down.
    So I wanted to ask you on the important issue of positive 
train control, will you work with Amtrak to continue the PTC 
system before the deadline of the end of the year?
    Mr. Gruters. Senator, no question, I think safety is the 
top priority of Amtrak. It's my top priority. PTC is important 
technology. I think it's the most important issue facing Amtrak 
and it needs to be baseline. It needs to be the standard and 
not something we work up to but what everybody is based off of, 
and I will tell you that the Amtrak CEO Richard Anderson has 
done an amazing job at safety.
    He has already hired a chief safety officer. He's putting 
in place a safety management system, and I think a lot of these 
safety issues, hopefully with the high level of scrutiny and 
news that's come about as a result of these recent accidents, 
has led to Richard Anderson really taking an active role in 
this.
    Senator Cantwell. So you'll continue to work with the 
partners and everybody to push them to meet that deadline?
    Mr. Gruters. Yes, Senator.
    Senator Cantwell. Thank you.
    So on the issue of engineers and conductors and adequate 
training, I mean obviously PTC is going to play an important 
role, but do we need to continue to have adequate training and 
familiarity with routes?
    Mr. Gruters. There's no question that plays into PTC and 
also goes back to the fact that the CEO Richard Anderson has 
already put in place a chief safety officer. They're 
implementing the safety management system at Amtrak and I think 
that was an industry-wide practice that hopefully will solve 
some of these issues long term and on the short term.
    Senator Cantwell. And you're saying that that person's 
responsibility is that conductor and engineer awareness? Is 
that what you're saying?
    Mr. Gruters. The chief safety officer I think is helping to 
implement the safety management system which takes into account 
all these issues.
    Senator Cantwell. OK. Ms. Homendy, is that correct? Is that 
the right way?
    Ms. Homendy. Yes.
    Senator Cantwell. We've had this unbelievable reduction in 
aviation fatalities from 1998 to 2008, like, I think, 50 
percent or something like that, but on the global--this is U.S. 
versus the global.
    So what do we need to do to make sure that the larger 
safety for aviation is there on a global basis?
    Ms. Homendy. Thank you for the question, Senator. As you 
know, the last 14 years I've spent focusing on rail, pipelines, 
and hazardous materials, and I'm very eager to learn more about 
aviation safety.
    I know that there were some recent incidents and the NTSB 
is investigating the one involving Southwest. So I need to be 
very careful about what I say so I don't prejudice that 
investigation.
    But what I will say, if confirmed, I look forward to 
working with you and I know that Senator Nelson had recently 
sent a letter to the DOT IG to review FAA's oversight of 
aircraft maintenance and I very much look forward to reviewing 
those findings and, if confirmed, I look forward to working 
with you and the Committee on aviation safety issues.
    Senator Cantwell. Thank you. You're reminding me I was 
supposed to, on behalf of the Ranking Member, enter into the 
record some letters from our colleagues in the House regarding 
some of the nominees and their testimony.
    If I could enter----
    The Chairman. Without objection.
    [The information referred to follows:]

    
    

    Senator Cantwell. Thank you, Mr. Chairman.
    I could ask you, too, about positive train control and the 
implementation of that.
    We definitely want to be very supportive of that 
implementation and I would also ask you to look at the fact 
that we were able to use drones and various information at the 
crash site to give people more immediate information. So I hope 
that you will look at that as an application for developing a 
case and information.
    The reason I'm saying that is it impacted I-5 and if that 
would have gone on for days, it would have been hundreds of 
millions of dollars. The fact that law enforcement, Joint Base 
Lewis, McCord, everybody was able to work together there. I 
think they then gave you the information that you needed and 
them to make so that they could then work at removing those 
rail cars from I-5. So I just would ask you to look at that.
    Ms. King, I also wanted to say there are a lot of rules 
that we just don't have. The rule on child latch resistance 
system, rule on child restraint system, rule on seatbelt for 
rear seats, a rule due on 2016 manufacturers to use electronic 
means to communicate, recalls.
    Could you explain what are the delays in these important 
safety rules?
    Ms. King. Thank you for the question, Senator. I cannot 
speak to the cause of the delays before I stepped into NHTSA, 
but I can assure you that we're working on those rulemakings 
now.
    Already this past January, we were able to take action on 
eight directives out of the FAST Act. We've launched tools as 
required. So we've accelerated our pace and will continue to do 
so.
    Senator Cantwell. Is there a ranking of these and when you 
are likely to issue them?
    Ms. King. We post the dates publicly on the regulatory 
agenda. That was just updated last week. So all of them would 
be listed there with our estimated dates.
    Senator Cantwell. So which ones are the priorities for next 
implementation?
    Ms. King. I'd be happy to walk through the regulatory 
agenda with you. So, forgive me, I think we might have between 
40 and 60 rulemakings in progress, so there are quite a few.
    Senator Cantwell. Here's what I will say to that, that 
having worked with the Coast Guard on a plethora of 
regulations, we don't want the plethora to be no measurement on 
progress.
    What I think is helpful is every agency has their 
challenges, is to see just what that prioritization is and 
date. So I'll look, if you're saying that information exists, 
on a website. I'll look forward to it, but I think what we want 
to see is, since these are so important to the driving public, 
that we have a time sense of when they're actually going to be 
ready for implementation.
    So I see my time has expired. Thank you.
    The Chairman. Thank you, Senator Cantwell.
    Senator Klobuchar.

               STATEMENT OF HON. AMY KLOBUCHAR, 
                  U.S. SENATOR FROM MINNESOTA

    Senator Klobuchar. Thank you very much, Mr. Chairman. Thank 
you. I had another hearing, so I'm glad to be back.
    I recently wrote a letter to Honda asking for an update on 
the remaining alpha inflators and their plans to locate them. 
Honda estimates that there are 514 alpha inflators in Minnesota 
and 14,826 nationally. As you know, these are some of the most 
dangerous and hardest-to-locate Takata air bags.
    Ms. King, what can NHTSA and the independent monitor do to 
support manufacturers in their efforts to locate these 
remaining alpha inflators?
    Ms. King. Today in the City of New York, the independent 
monitor is meeting with the manufacturers of vehicles that have 
these dangerous air bags, sharing best practices, and I believe 
that maybe one of the topics of discussion.
    I expect to sit with manufacturers and discuss their next 
steps and their plans, their more aggressive plans soon, as 
well.
    Senator Klobuchar. OK. In Minnesota, we have large Somali, 
Hmong, and Liberian populations. Does NHTSA have plans to 
expand the languages that it supports for Takata resources 
beyond English and Spanish?
    Ms. King. That is a point that we are now considering in 
our conversations with the manufacturers. I know that many of 
our materials or many of the materials by the manufacturers may 
be translated in their local efforts. I have not had that 
conversation with them but I will.
    Senator Klobuchar. OK. Consumers can be our eyes and ears 
on the road when it comes to identifying safety-related 
defects.
    If confirmed, what steps would you take to improve NHTSA's 
consumer complaint review process?
    Ms. King. Thank you for that question. As a career risk 
manager, I take very seriously the principles and best 
practices of risk management.
    NHTSA has recently changed the way they review the more 
than 6,000 consumer complaints received each month. Their 
continued assessment is very important, most importantly the 
tone from the top.
    If confirmed, I can offer a tone from the top, the 
engagement, and the openness to criticism that allows us to 
identify where we can do better, so that we'll be in constant 
improvement.
    Senator Klobuchar. OK. You and I have talked about 
distracted driving before. It's one of my big priorities.
    Data shows a 5.6 percent increase in traffic fatalities 
from one year to the next from 2015 to 2016. I still think 
there's under-reporting across the country. Many states don't 
include a field to note cell phone use or distraction as a 
possible cause of a crash.
    What role do you think NHTSA plays in combating distracted 
driving? Do you think there's an opportunity to improve the 
quality of data because if I can show some of my colleagues the 
data or they can in state legislatures, I think we'll get 
better laws in place?
    Ms. King. First of all, thank you to Congress for the 
additional resources in the FAST Act that have allowed us 
additional support for states on this particular topic.
    Distracted driving is very difficult to establish and can 
come from many sources and because of that, in our different 
data collections, the numbers can be very different, and I 
believe you're correct. They're under-reported.
    We have recently completed a Naturalistic Driving Study 
that gives us more detailed information, in fact, that text 
messaging or telephone calls can increase crash risk by two or 
three times, but what we are doing next is we're launching a 
study to better understand the causes of a crash in today's 
technology with the technology people have in their hands 
today.
    The last thorough study we did of crash causation was in 
2005-2006. It's time for us to update that based on the 
technologies and vehicles on the road today and we're now 
working on a plan to launch such a study.
    Senator Klobuchar. OK. Thank you.
    Ms. Homendy, the National Transportation Safety Board 
includes the reducing fatigue-related accidents on its 2017 to 
2018 Most Wanted List of Transportation Safety Improvements, 
and I reintroduced the Safe Skies Act, which I worked on with 
Barbara Boxer for many years, and this bill would take the rest 
requirements put in place for passenger pilots after the Hudson 
crash and apply them to cargo pilots who, despite using the 
same runways and air space, currently have lose or rest 
requirements. This is one where Captain Sullenberger has joined 
us in supporting this change.
    Is dealing with pilot fatigue a priority for you and the 
NTSB?
    Ms. Homendy. Yes, Senator.
    Senator Klobuchar. And what do you think we should do about 
it when it comes to cargo planes?
    Ms. Homendy. I think there should be scientifically-based 
hours of service standards that also apply to cargo pilots.
    Senator Klobuchar. OK. Thank you.
    The rail crossings, rail crossings, as you know, can delay 
or prevent emergency medical services, keep drivers stalled. I 
included a provision in the FAST Act to help address the safety 
risks associated with blocked rail crossings.
    It's an ongoing problem in my state. Sometimes rail comes 
in or we might get an overpass, something happens, but it's 
still a problem and we see potentially increased trains coming 
in, and depending on what happens with oil in North Dakota, a 
lot of it comes through and we know that energy production is 
there and it's American energy production, but, again, we have 
to be able to be ready for that production and just as we are 
when there's an increase in ag products or an increase in 
ethanol and biofuels.
    The NTSB has previously issued recommendations on crossing 
technology and investigated several crashes.
    Are you committed to addressing blocked rail crossings at 
the NTSB, and what can the NTSB do to promote safety at rail 
crossings?
    Ms. Homendy. Yes, Senator, I am committed to that and there 
are definitely a number of things that can be done to improve 
grade crossing safety.
    Certainly the safest grade crossing is no grade crossing at 
all and that takes resources and funding in the Section 130 
Program, but I think, in addition to that, the NTSB has 
recommended active warning devices be installed, like lights 
and gates.
    I do think enforcement and then education campaigns. I do 
know that FRA and NHTSA have a current education campaign 
called Stop. Trains Can't. So I'm interested in looking at 
that, as well, but I am familiar with your issue on blocked 
crossings.
    I think when I worked for Chairman Oberstar, I think it was 
Ore, Minnesota, who had a specific issue with that.
    Senator Klobuchar. That's very specific research. That is 
good.
    Ms. Homendy. But in my current role, Mr. DeFazio had asked 
GAO to do a report on longer trains and blocked crossings and 
I'm eager to hear what the GAO finds on that and happy to work 
with you, if confirmed.
    Senator Klobuchar. Mr. Chairman, could I just do one more 
question of Mr. Gruters?
    I will put one on the record about policy changes on 
private car service, but I had one question on long distance 
service.
    Our intercity passenger rail system carries more than 30 
million passengers each year, as you know. In Minnesota, the 
Empire Builder provides a vital link to many rural towns. 
Amtrak service helps students get to college, workers to job 
centers, tourists to travel. For cities, like Winona, 
Minnesota, where Amtrak has a station, and all the other towns 
along the Empire Builder, long distance passenger service 
provides an important economic boost.
    Mr. Gruters, what would you do to ensure Amtrak continues 
to offer quality services for passengers that rely on these 
long distance routes that are not on the coast?
    Mr. Gruters. Thank you, Senator. I support long-term rail. 
I'm open minded on it, and I think our CEO Richard Anderson has 
a vision for the future and I think rural communities do need 
access. A lot of times, it's these rail stations that provide 
the main access in and outside of passenger automobiles.
    So I will also say as a CPA, hopefully I'll bring my unique 
skill set to try to create some efficiencies so we can ensure 
the long-term success and survival of these long-term routes.
    Senator Klobuchar. Thank you very much.
    Mr. Gruters. Thank you.
    The Chairman. Thank you, Senator Klobuchar.
    And we're hoping to improve Amtrak service into South 
Dakota, too.
    Senator Klobuchar. And what is that service now?
    The Chairman. It's non-existent.
    Senator Klobuchar. That's what I thought. That was why I 
asked.
    The Chairman. I've enjoyed listening to all my colleagues 
ask questions about Amtrak.
    Senator Klobuchar. The Black Hills is a good place to 
visit.
    The Chairman. It's a really good place, as you know.
    Senator Klobuchar. I know. I always went on vacation there.
    The Chairman. That's right. We appreciate you coming our 
way.
    Senator Klobuchar. OK.
    The Chairman. You had to take Interstate 90. You're not 
going on Amtrak.
    Senator Klobuchar. Yes.
    The Chairman. I can tell you that, so.
    Just a couple of quick questions and we'll wrap up here.
    Ms. King, NHTSA is currently considering updating its 
advisory on the State Traffic Records Grant Program. The 
existing guidance certainly deserves review. It currently poses 
to states 391 questions over 132 pages, including asking about 
the condition of all public unpaved roads.
    In rural states, such as South Dakota, they have extensive 
unpaved public road mileage. The time and resources needed to 
respond to this request could divert focus from research and 
the benefits of the traffic records, the records of the grant 
program itself, so states would still have, even if you did 
that, 390 questions to answer.
    So could you commit to carefully reviewing this advisory in 
order to lessen the unnecessary burden on states and, more 
generally, will you look for opportunities to avoid unnecessary 
burdens on states in the Safety Grant Programs going forward?
    Ms. King. Yes, with enthusiasm.
    The Chairman. OK. Thank you. That would be more 
appreciated.
    As has been pointed out earlier today, 94 percent of motor 
vehicle crashes attributed to human error, and I think the 
number you mentioned was 37,400 and some fatalities on 
America's highways in 2016.
    Self-driving vehicles have the potential to save a lot of 
lives and I think you alluded to that, at least some of my 
colleagues did, as well, and they will also increase efficiency 
and mobility, serving, I think, some terrific needs in our 
economy, providing elderly people, disabled people access to 
mobility that they don't have today.
    How will the agency keep pace with these emerging 
technologies, such as self-driving vehicles?
    Ms. King. Information sharing and transparency is 
absolutely critical, not only with the emerging technologies 
but with the research. So our continued conversation not only 
with the manufacturers and developers but with the states, with 
local law enforcement or rescue personnel.
    We've had several public meetings. We will continue that 
dialogue with vigor.
    The Chairman. Good. Ms. Homendy, in your questionnaire, you 
also mentioned the need for NTSB to keep pace with the 
innovation occurring across the entirety of the transportation 
sector.
    As technology, such as drones and self-driving vehicles 
become more commonplace, how will NTSB work with the relevant 
regulators to ensure the benefits of these transformative 
technologies are realized safely?
    Ms. Homendy. Thank you, Mr. Chairman. I think the NTSB and 
the DOT have the same mission and that's to improve 
transportation, reduce transportation accidents and traffic 
crashes and save lives, and I believe these technologies have 
the potential to reduce transportation accidents and save 
lives.
    They do have some safety risks that need to be further 
evaluated and mitigated, but I think that NTSB can play a very 
valuable role in helping move these technologies forward 
safely.
    The Chairman. Good, good. In addition to autonomous 
vehicles, the drone issue is something we address in our FAA 
bill, and they are wonderful transformative technologies with 
lots of applications in many areas of the country, there is a 
high level of interest in my state in both, and so we just want 
to make sure that we're doing everything we can to see that 
they progress in a way that maximizes safety.
    Amtrak CEO, and I will direct this to you, Mr. Gruters, 
Richard Anderson recently testified before Congress that Amtrak 
must--I should say must evaluate how to handle tenant 
railroads' traffic operating over Amtrak track if such tenants 
are not fully compliant with PTC implementation and whether 
Amtrak should prevent non-compliant equipment from being used 
on its track after the deadline.
    If confirmed, you and the rest of the Amtrak Board will be 
charged with determining the strategic direction of Amtrak.
    Do you share Mr. Anderson's view that non-compliant 
equipment should generally be prohibited from use on Amtrak's 
tracks?
    Mr. Gruters. Thank you, Chairman. I think safety is the top 
issue and implementing PTC is critical.
    PTC does need to be the standard and I think at a Committee 
hearing just a couple of months ago, Richard Anderson did say 
that he would stop if they didn't implement PTC, but I think 
the most important thing for us to have open communication and 
collaboration with the partners to make sure that we can help 
these guys, help all of our partners hit the full 
implementation as fast as we possibly can.
    The Chairman. OK. Good. Well, we got a short timeline to 
work with on PTC implementation and a lot at stake. So 
hopefully you and your colleagues there can work quickly and 
work with FRA and other agencies that are engaged in this to 
make sure that we stay on track. It will be really important 
for our country, for our safety, and for those who rely upon 
those forms of transportation to get to and from their 
destinations.
    We'll wrap it up with that. I'm going to ask unanimous 
consent to include in the record letters of support from 
Chairman Bob Latta, the National Safety Council, the Governors' 
Highway Safety Association, and Safe Kids Worldwide.
    [The information referred to follows:] 
    
    
                                ------                                



                                ------                                




    The Chairman. I would say to all of our nominees that given 
our hope to place your nominations on the Committee's next 
markup that we will keep the hearing record open through the 
close of business tomorrow, May 17, and we're hoping that 
during that time that Senators who wish to submit any questions 
for the record can get those answered quickly.
    So I would ask you upon receipt if you would move very 
quickly to submit your answers to the Committee as soon as 
possible but preferably no later than noon on Monday, May 21. 
We would love to get these processed in this work period.
    So I again want to thank you for your willingness to serve 
and for the commitment that you and your families make to that 
and thank you for being responsive to our questions today, and 
we'll look forward to moving these nominations forward.
    With that, this hearing is adjourned. Thank you.
    [Whereupon, at 11:47 a.m., the hearing was adjourned.]

                            A P P E N D I X



                                 ______
                                 
                                                       May 14, 2018
Chairman John Thune,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.

Ranking Member Bill Nelson,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.

Dear Chairman Thune and Ranking Member Nelson:

    The Center for Auto Safety (``the Center'') submits the following 
letter in connection with today's hearing regarding the nomination of 
Deputy Administrator Heidi King of the National Highway Traffic Safety 
Administration (NHTSA) for the position of Administrator. While Ms. 
King has only held the Deputy Administrator position for seven months, 
her actions, or lack of actions, have raised serious questions 
regarding the nominee's ability to direct NHTSA as a safety and 
enforcement agency. The Center, founded in 1970, is an independent, 
non-profit consumer advocacy organization dedicated to improving 
vehicle safety, quality, and fuel economy not only for our members, but 
all drivers, passengers, and pedestrians across the county. On behalf 
of those members, and all individuals nationwide impacted by traffic 
safety and the quality of the air we breathe, the Center writes today 
to express our significant concerns with this nomination.
1. Rulemakings
    NHTSA's responsibility for promulgating rules and regulations to 
maintain the safety of the American people is one of its most important 
authorities and duties. Currently there are many regulations that are 
required to be written by law which remain untouched.
    Under Deputy Administrator King, rules that Congress mandated in 
order to protect children, inform consumers of recalls, and provide 
predictability and fairness in the marketplace have been ignored. To 
name only a few:

   NHTSA was required by Moving Ahead for Progress in the 21st 
        Century Act (MAP-21) to issue a rule by October 1, 2015 
        providing requirements for improved Child LATCH Restraint 
        Systems, in order to protect our most vulnerable citizens in 
        cars and light trucks--infant children. Since issuing the NPRM 
        in January 2015, NHTSA has provided no target date for further 
        action.

   NHTSA was required by MAP-21 to issue a final rule by 
        October 1, 2014 providing requirements for how Child Restraint 
        Systems must perform when involved in a side impact crash. The 
        NPRM was issued in January 2014. Based on current activity, 
        NHTSA's recent suggestion the rule would be completed by 
        October 2018 seems unlikely at best.

   NHTSA was required by MAP-21 to issue a rule by October 1, 
        2015 providing requirements for all new vehicles to have 
        Reminders for Rear Seat Passengers to put on Seat Belts. Almost 
        1,000 people die every year in crashes in the back seat of cars 
        and light trucks because they are not wearing their seatbelts. 
        Under Deputy Administrator King, NHTSA has not even initiated 
        rulemaking, nor has a realistic time frame for a final rule 
        been proposed.

   NHTSA was required by the Fixing America's Surface 
        Transportation Act (FAST) Act to issue a rule by August 29, 
        2016 providing requirements for how auto manufacturers must use 
        electronic means to notify consumers of Vehicle Safety Recalls. 
        With tens of millions of open recalls on the road, including 20 
        million or more deadly Takata airbag inflators remaining in 
        circulation, this rule would actively assist in increasing 
        recall completion rates and, if done quickly enough, could save 
        lives. Since issuing an NPRM in August 2016, NHTSA has provided 
        no target date for further action. Ms. King recently released a 
        short video attempting to reach the owners of certain vehicles 
        for which ``do-not-drive'' orders had been issued. Perhaps this 
        would not have been necessary if these owners had been reached 
        via e-mail.

    The continued blatant disregard under Deputy Administrator King for 
the lawful mandates passed by the United States Congress by NHTSA 
raises serious concerns over what will be different if she is confirmed 
with respect to delivering on NHTSA's core safety mission to the 
American people.
2. Autonomous Vehicles
    In recent months there have been multiple incidents involving what 
are commonly referred to as ``autonomous vehicles,'' or ``self-driving 
cars.'' Some of these incidents have resulted in deaths of both 
pedestrians (an Uber vehicle striking and killing a pedestrian in 
Tempe, Arizona) as well as drivers (Tesla driver killed with vehicle in 
``autopilot'' mode). Under Deputy Administrator King, NHTSA has done 
nothing but cheerlead for industry even as incidents pile up and new 
questions arise about the complete lack of Federal standards or 
oversight required to protect our citizenry from being used as guinea 
pigs in a corporate product development experiment.\1\
---------------------------------------------------------------------------
    \1\ Chistopher Mims, In Self-Driving-Car Road Test, We Are the 
Guinea Pigs, Wall Street Journal, May 14, 2018, at: https://
www.wsj.com/articles/in-self-driving-car-road-test-we-are-the-guinea-
pigs-1526212802
---------------------------------------------------------------------------
    Instead of looking for ways to protect Americans, and ensure the 
safe development of potentially groundbreaking technology, over the 
last seven months there have been nothing but multiple open comment 
periods \2\ attempting to identify and eliminate regulations that might 
slow down universal deployment of still unproven robot-cars. One of the 
few public steps taken since Deputy Administrator King has been in 
office is to make the very limited set of voluntary guidelines for 
manufacturers to follow when testing self-driving cars--even less 
specific and even more voluntary.
---------------------------------------------------------------------------
    \2\ Public Meeting--Voluntary Safety Assessments, October 20, 2017; 
Automated Driving Systems 2.0: A Vision for Safety Public Meeting, 
November 6, 2017; Removing Regulatory Barriers for Vehicles With 
Automated Driving Systems, January 18, 2018
---------------------------------------------------------------------------
3. The Air We Breathe (Corporate Average Fuel Economy (CAFE) 
        standards)
    One of the roles of the NHTSA Administrator which impacts the lives 
of every human being in the United States, and to a lesser extent, the 
world, is setting fuel economy standards for passenger vehicles. In 
addition to setting those standards, NHTSA also has the authority to 
enforce those standards by levying fines against auto companies that 
violate the rules. Under Deputy Administrator King, NHTSA has neither 
acted to protect the environment by maintaining the consensus standards 
set over a multi-year negotiation process, resulting in the current 
CAFE standards, nor has NHTSA acted in consumers' best interest at the 
gas pump.
    Based on widely reported media stories, Deputy Administrator King 
fully backs the proposed rollback of the MY 2017-2025 standards, a 
proposal which would increase oil consumption by 206 billion gallons of 
gasoline between 2020-2050. The importance of these standards to the 
public is tremendous, and not only with respect to the air we breathe. 
Consumers can expect to save between $3,200-$4,800 over the lifetime of 
a new vehicle meeting the standards, even at low gas prices. Gas prices 
are rising on almost a daily basis. They are currently approaching a 
three-year high and they are expected to continue to rise. Savings from 
the existing CAFE standards are estimated to be up to $8,200 per 
vehicle to consumers.
    The efforts to ignore NHTSA's statutory obligation to set the 
``maximum feasible'' standard for each model year highlight the 
concerns that all Senators should have with this nomination. Rolling 
back CAFE standards not only will put the American auto industry behind 
in the global market, where many of our largest competitors, like China 
and India, are moving forward with more stringent standards, it is an 
insult to the American automaker's ability to adopt new technology to 
meet the challenges of a new world.
4. Resource Allocation
    Under Ms. King's leadership, NHTSA continues to promise to make 
safety a priority, yet when putting pen to paper and making decisions 
about how to allocate appropriated funds, these promises always seem to 
evaporate. NHTSA's budget requests under the nominee appear to remain 
in line with the larger DOT philosophy of promising safety but cutting 
areas that could deliver on those promises.
    The Fiscal Year (FY) 2019 budget request sought to significantly 
decrease funding to the areas of the agency that are the most likely to 
deliver safety results to the American people. For example, in FY 2017, 
NHTSA's enacted appropriation for ``Vehicle Safety Programs,'' (which 
are the heart of the agency) was $180,075,000. For FY 2019, the request 
was reduced to $152,427,000 for this vital program--a 15 percent 
decrease in funding.
    A recent study, published in the Journal of Public Health Policy, 
noted that governmental interventions mandating traffic safety measures 
at the Federal and state levels, along with technological advances, 
have saved over 5 million lives since 1968.\3\ Yet, among the areas 
that the current leadership of NHTSA would seek to underfund include 
the Rulemaking, Enforcement, and Research and Analysis departments. 
These departments have been integrally involved in creating the vehicle 
crashworthiness and other safety standards that make many of those 5 
million lives saved possible.\4\ Smart, targeted regulations make a 
real difference when it comes to safety in our cars and on our roads.
---------------------------------------------------------------------------
    \3\ Robertson, L., J Public Health Pol (2018) Road death trend in 
the United States: implied effects of prevention, available at: https:/
/doi.org/10.1057/s41271-018-0123-2
    \4\ It seems worth noting that the only area where DOT has 
requested an increase in this section of its budget is for 
administrative expenses, despite not even having an Administrator 
nominee.
---------------------------------------------------------------------------
    While more funding alone will not make any safety agency function 
perfectly, the ability for NHTSA to realize its full potential to save 
lives, prevent injuries, and reduce the economic burdens we all face 
due to crashes on our Nation's roads lies squarely with how its 
leadership sets agency priorities. The proposed budget of an agency is 
an outline of those priorities, and no matter how dedicated career 
staff may be, the agency tasked with overseeing so much of our Nation's 
traffic safety cannot do its job with one arm tied behind its back. 
Underfunding this critical agency is counterproductive to the safety 
goals I am sure we all share. The priorities outlined by Ms. King's 
budget raise serious concerns regarding whether NHTSA will be able to 
fulfill its statutory mission.
5. Civil Penalties
    One of the key tools in ensuring Federal traffic safety laws and 
rules are followed by all regulated entities is enforcement by NHTSA. 
While civil penalties should be reserved for the most serious of 
violators, all safety agencies need to be prepared to employ the 
deterrent effect civil penalties have, not only on the party at fault, 
but any other potential violator.
    Since Ms. King has been at NHTSA there has been exactly one civil 
penalty announced, for $10,000 against a trailer company.\5\ This lax 
attitude when it comes to enforcement of the law sends exactly the 
wrong message to those who might contemplate whether it was worth their 
while to take the extra step to comply with the safety rules that exist 
to keep cars and trucks in compliance and our citizens safe.
---------------------------------------------------------------------------
    \5\ https://www.nhtsa.gov/laws-regulations/civil-penalty-
settlement-amounts
---------------------------------------------------------------------------
    What is worse, is that one of the only steps Ms. King has taken 
since joining NHTSA is to actively work to rollback the implementation 
of inflation-adjusted civil penalties meant to ensure auto companies 
invest in fuel-saving technologies. While this unlawful delay has been 
stayed by 2nd Circuit Court of Appeals, the inability or unwillingness 
to enforce the law, or use civil penalty authority, raises significant 
concerns about the nominee's likelihood of carrying out the statutory 
mandate of the agency she is asking to lead.
6. Airbags
    Despite the agency's continued assurance that the Takata inflator 
recalls are a top priority, recall completion rates remain dismal and 
consumers continue to face a risk of death or serious injury. Under 
Deputy Administrator King, NHTSA has been unwilling to penalize 
manufacturers who perform poorly under the Coordinated Remedy Program, 
deferring and delaying manufacturer responsibility. Furthermore, NHTSA 
has failed to even request that manufacturers provide loaner vehicles 
to consumers with ticking time bombs in their dashboards. As a result, 
only a small minority of automakers have voluntarily chosen to provide 
their customers with loaner vehicles while awaiting airbag 
replacements.\6\
---------------------------------------------------------------------------
    \6\ See Staff Report for Senators Blumenthal and Markey: Automaker 
Report Card: Loaner Car Policies for Consumers Affected by the Takata 
Airbag Recall, March 2018.
---------------------------------------------------------------------------
    So far, the only step taken by NHTSA under Ms. King is a letter to 
each manufacturer that failed to meet the December 31, 2017 deadline to 
replace the most deadly and defective Takata airbags. Released only two 
days prior to her confirmation hearing, King's letters merely 
``invite'' these manufacturers to ``contact NHTSA.'' \7\ By some counts 
19 million airbags remain unreplaced, and the industry completion rate 
hovers under 60 percent. This ``invitation'' for an updated proposed 
timeline from NHTSA is months overdue, and based on prior history, it 
is hard to envision any penalty will be meted out by NHTSA for these 
gross violations of agreed upon timeframes for airbag replacement. 
Further delay serves only to prevent consumers from having defective 
airbags replaced that may explode and send shrapnel flying in their 
face or the faces of their loved ones.
---------------------------------------------------------------------------
    \7\ See Ryan Beene, U.S. Regulators Slam Low Takata Air Bag Recall 
Rate by Carmakers,, Bloomberg, May 14, 2018, at: https://
www.bloomberg.com/news/articles/2018-05-14/u-s-regulators-slam-low-
takata-air-bag-recall-rate-by-carmakers.
---------------------------------------------------------------------------
    As mentioned previously, NHTSA is two years late on issuing a 
rulemaking to require e-mail notification of recalls, which would 
certainly have had positive impact on Takata recall completion rates--
had NHTSA completed this mandate by the deadline. Unfortunately, under 
Ms. King, the agency has made no progress on this mandate, leaving 
consumers reliant on snail mail as their only notice of potentially 
dangerous defects in their vehicles.
7. Investigations
    Since Deputy Administrator King took a leadership role at NHTSA, 
investigations have fallen to almost historic lows. Despite continuing 
to receive complaints on a regular basis that raise questions of 
potentially life-threatening defects, it is almost unheard of for NHTSA 
to formally open investigations in the current administration. Delaying 
the opening of investigations risks unnecessarily exposing consumers to 
vehicle defects. For circumstances where investigations sit open for 
years while NHTSA and automakers go back and forth over the details, 
consumers remain at risk for even longer periods of time.
    For the motoring public to have faith that this safety agency is 
looking out for the public first, NHTSA must have an Administrator 
willing to support the agency's enforcement wing in opening 
investigations--and once the investigations have been opened, following 
the data to its logical end in a timely manner that eliminates 
unnecessary and possibly deadly delay.
Conclusion
    There are few products that impact as many Americans as 
automobiles. NHTSA needs an Administrator who has as her first priority 
the safety of each and every driver, passenger, and pedestrian. Deaths 
and injuries from traffic crashes remain a public health crisis, with 
over 37,000 dead and over 2 million seriously injured every year. Cars 
continue to hold their place as the number one killer of Americans ages 
5-24. New technology promises answers but offers little evidence yet of 
its reliability. The role of oversight of the auto industry, falls to 
NHTSA. Unfortunately, in seven months as Deputy Administrator, Ms. 
King's record raises serious concerns about her ability to lead NHTSA 
at this vital time in the history of auto safety.
    On behalf of the Center for Auto Safety and our members, thank you 
for your attention to this important matter.
            Sincerely,
                                              Jason Levine,
                                                Executive Director.

cc: All Members of the U.S. Senate Committee on Commerce, Science, and 
Transportation
                                 ______
                                 
Center for Auto Safety * Center for Biological Diversity * 
Conservation Law Foundation * League of Conservation Voters 
   * Moms Clean Air Force * Plug In America * Safe Climate 
     Campaign * Union of Concerned Scientists * Voices for 
                                  Progress * Public Citizen

                                                       May 14, 2018

Dear Senators,

    The undersigned organizations are writing to express our strong 
concerns with the nomination of Heidi King to become the Administrator 
of the National Highway Traffic Safety Administration (NHTSA). We are 
gravely concerned about Ms. King's ability to lead NHTSA, when her 
actions thus far have undermined the mission of NHTSA. While serving as 
the Deputy Administrator of NHTSA, Ms. King demonstrated an anti-
environmental record, a disregard for state cooperation and failure to 
prioritize critical safety protections. For these reasons, we are 
concerned she will weaken NHTSA and threaten American consumers' 
pocketbooks, health, and safety.
Establishment and Enforcement of Corporate Average Fuel Economy (CAFE) 
        standards
    NHTSA sets fuel economy standards for passenger vehicles and 
enforces the standards, including by fining auto companies that violate 
the rules. However, we write to convey our deep concerns with the 
agency's approach, during King's tenure, toward both setting fuel 
economy standards and enforcement. The recent leaked joint draft 
proposal for light-duty vehicle standards for fuel economy and 
greenhouse gas emissions shows that NHTSA, alongside the Environmental 
Protection Agency (EPA), intends to significantly weaken the existing 
standards through MY 2026. The preferred regulatory approach outlined 
in the document proposes maintaining ``[e]xisting standards through MY 
2020, then 0 percent/year increases for both passenger cars and light 
trucks, for MYs 2021-2026.'' This proposal relies on unjustified cost 
analysis and data, flawed safety assumptions and blatant disregard for 
energy conservation and climate change. This proposal would increase 
oil consumption by 206 billion gallons of gasoline between 2020-2050. 
As our Nation's premier oil use reduction program, this rollback of the 
CAFE standards is unacceptable.
    Additionally, this proposal violates NHTSA's statutory obligation 
to set the ``maximum feasible'' standard for each model year. The 
assertion that the American auto industry cannot improve or innovate 
their fleets for the better part of a decade is not only unbelievable, 
but it is inconsistent with an industry which prides itself on 
leadership in innovation and technology. Further, it will put the 
American industry behind in the global market, where many of our 
largest competitors, like China and India, are moving forward with more 
stringent standards.
    In addition to attempting to weaken the CAFE standards, during Ms. 
King's tenure, NHTSA has also undermined the ability to enforce vehicle 
performance standards. In fact, the agency attempted to unlawfully 
delay implementation of inflation-adjusted civil penalties meant to 
ensure auto companies invest in fuel-saving technologies. This 
attempted delay was recently stayed by the U.S. 2nd Circuit Court of 
Appeals on April 23. The agency attempted to establish a perverse 
incentive by making it cheaper for auto companies to simply pay a fine 
rather than meet fuel economy standards. The result is that consumers 
will have less fuel-efficient vehicle choices on the market, will pay 
more at the gas pump, and will suffer from increased pollution.
    The importance of these standards to the public is tremendous. 
Consumers can expect to save between $3,200-$4,800 over the lifetime of 
a new vehicle meeting the standards, even at low gas prices. As prices 
currently approach a three year high and are expected to continue to 
rise, the savings will be up to $8,200 per truck.\1\ \2\ \3\ A recent 
Consumers Union survey found nearly 9 out of 10 consumers want 
automakers to continue to raise fuel efficiency.\4\ Moreover, 2012-2025 
standards are expected to cut our reliance on oil by 2.4 million 
barrels per day by 2030.\5\ And annual carbon pollution in 2030 would 
be reduced by 570 million metric tons of CO2, which is 
equivalent to the pollution from 85 million of today's cars or 140 
coal-fired power plants.
---------------------------------------------------------------------------
    \1\ https://gasprices.aaa.com/
    \2\ http://consumersunion.org/2016/09/new-cafe-standards-help-
consumers-save-big/
    \3\ https://www.cnbc.com/2018/04/24/gas-prices-are-near-a-three-
year-high-heres-how-to-save-at-the-pump.html
    \4\ http://consumersunion.org/news/2017-fuel-economy-survey/
    \5\ https://www.nrdc.org/experts/luke-tonachel/clean-car-and-fuel-
economy-standards-whats-next
---------------------------------------------------------------------------
Partnership with state and local governments
    NHTSA ``is responsible for keeping people safe on America's 
roadways. Through enforcing vehicle performance standards and 
partnerships with state and local governments. . .'' \6\ While the 
Department of Transportation claims to be working alongside states in 
furtherance of vehicle standards,\7\ the leaked proposed light-duty 
vehicle standards for fuel economy and greenhouse gas emissions fly in 
the face of over half a century of cooperative federalism.
---------------------------------------------------------------------------
    \6\ https://www.nhtsa.gov/about-nhtsa
    \7\ U.S. Congress, Senate Committee on Environment and Public Works 
hearing, ``The Administration's Framework for Rebuilding Infrastructure 
in America,'' March 1, 2018. Transcript online at https://
www.epw.senate.gov/public/_cache/files/4/f/4fa932cf-9a97-42bc-959e-
1e1e5536e197/C03D6C188C459DAE0ADA8B8CA9695A06.spw-030118.pdf
---------------------------------------------------------------------------
    During King's tenure, NHTSA appears to be illegally trying to 
preempt states' authority to enforce vehicle pollution standards. 
District courts in Vermont \8\ and California \9\ have already 
confirmed that California may regulate vehicle greenhouse gas emissions 
under the Clean Air Act, while NHTSA regulates fuel economy. The leaked 
notice of proposed rulemaking purports ``states may not adopt or 
enforce tailpipe greenhouse gas emissions standards when such standards 
relate to fuel economy standards and are therefore preempted under EPCA 
[Energy Policy and Conservation Act], regardless of whether EPA granted 
any waivers under the Clean Air Act.'' This policy ignores the 
congressional record and threatens the authority of the very state and 
local government actors that Ms. King supposedly is working alongside.
---------------------------------------------------------------------------
    \8\ https://www.courtlistener.com/opinion/1483620/green-mountain-
chrysler-plymouth-dodge-v-crombie/
    \9\ https://perma.cc/34C4-G23H
---------------------------------------------------------------------------
Addressing safety
    We also have grave concerns about the long-delayed safety 
regulations which the agency has failed to promulgate. Under Ms. King's 
guidance, NHTSA has prioritized pursuing the administration's 
deregulatory agenda rather than completing statutorily mandated safety 
rulemakings.
    The Moving Ahead for Progress in the 21st Century Act (MAP-21) was 
signed into law in July of 2012. MAP-21 required a rule to better 
protect children in car seats during side-impact crashes. MAP-21 
required NHTSA to write a rule on improving child-restraint-anchorage 
systems by 2015. NHTSA issued a notice of proposed rulemaking in 2014, 
but there has been no further action. This rule is now more than 2 
years overdue.
    MAP-21 also required NHTSA to issue a final safety standard no 
later than October 2015, which would amend the Federal Motor Vehicle 
Safety Standard to provide a safety belt reminder system for rear 
seats. According to the National Safety Council, more than 1,000 back-
seat passengers died in 2016, more than
    half of whom were not wearing seatbelts.\10\ According to NHTSA's 
website, ``one of the safest choices drivers and passengers can make is 
to buckle up.'' \11\ Yet under Ms. King's guidance, the administration 
has failed to even propose, let alone issue a final rule.
---------------------------------------------------------------------------
    \10\ https://www.washingtonpost.com/news/tripping/wp/2018/03/20/
the-u-s-needs-to-move-forward-on-rear-seat-safety-belts/
    \11\ https://www.nhtsa.gov/risky-driving/seat-belts
---------------------------------------------------------------------------
    Fixing America's Surface Transportation (FAST) Act was signed into 
law in December of 2015. The FAST Act required a rule to ensure 
consumer notification of recalls electronically, in addition to 
notification by e-mail. The final rule was due in 2016, but NHTSA has 
only issued an NPRM. This rule is more important than ever considering 
the urgency around the Takata airbag recall.
    Tens of millions of vehicles from 19 different automakers with 
Takata airbags are under recall, in what NHTSA has called ``the largest 
and most complex safety recall in U.S. history.'' \12\ \13\ The 
airbags, made by major parts supplier Takata, were mostly installed in 
cars from model year 2002 through 2015. Some of those airbags could 
deploy explosively, injuring or even killing car occupants.\14\ To 
date, there have been 15 deaths due to this problem in the U.S.\15\
---------------------------------------------------------------------------
    \12\ https://www.nhtsa.gov/equipment/takata-recall-spotlight
    \13\ https://www.nhtsa.gov/press-releases/nhtsa-releases-more-data-
takata-air-bag-repairs
    \14\ https://www.consumerreports.org/car-recalls-defects/takata-
airbag-recall-everything-you-need-to-know/
    \15\ Please visit www.safercar.gov to check the recall status of 
your vehicles.
---------------------------------------------------------------------------
    These concerns are by no means exhaustive, but rather highlight the 
need for further investigation into Ms. King's priorities as they 
relate to our oil savings, state cooperation and safety. We urge the 
Senate to carefully consider all the issues surrounding this nominee to 
protect the critical work all Americans expect and need from NHTSA.
            Sincerely,

Center for Auto Safety
Center for Biological Diversity
Conservation Law Foundation
League of Conservation Voters
Moms Clean Air Force
Plug In America
Safe Climate Campaign
Union of Concerned Scientists
Voices for Progress
Public Citizen
                                 ______
                                 
    Center for Biological Diversity * Climate Hawks Vote * 
     League of Conservation Voters * Plug in America* Safe 
       Climate Campaign * Sierra Club * Union of Concerned 
                           Scientists * Voices for Progress

                                                       May 21, 2018

Dear Senators,

    The undersigned organizations write to express our opposition to 
the nomination of Heidi King for Administrator of the National Highway 
Traffic Safety Administration (NHTSA). We are gravely concerned about 
Ms. King's ability to lead NHTSA, given her history of attempting to 
undermine critical oil conservation and, thus, environmental efforts 
during her tenure at NHTSA. Moreover, in her recent confirmation 
hearing, Ms. King was evasive when asked whether climate change is real 
and needs to be addressed. This is an unacceptable response from 
someone who, if confirmed, will be charged with implementing CAFE 
standards, a critical component in our country's efforts to reduce oil 
usage and working in concert with EPA regulations to reduce greenhouse 
gas emissions. King's record thus far shows, if confirmed, she will 
weaken the CAFE standards, threatening American consumers' pocketbooks, 
health and environment. For these reasons, we oppose Ms. King's 
nomination.
    Ms. King's failure to acknowledge the existence of climate change, 
let alone the importance to address the problem, indicates she is not 
qualified to lead NHTSA.\1\ Although she tried to say that she would 
listen to scientists, that is clearly not the case as the vast majority 
of scientists agree that climate change is happening, and humans are 
causing it.\2\ \3\ This discrepancy is alarming and indicates to us 
that she is not listening to scientists on this critical topic and thus 
likely also not listening to scientists on additional topics that are 
in her agencies' purview.
---------------------------------------------------------------------------
    \1\ Senate Committee on Commerce, Science, and Transportation 
hearing on nominees held May 16, 2018
    \2\ https://www.ucsusa.org/global-warming/science-and-impacts/
science/scientists-agree-global-warming-happening humans-primary-cause
    \3\ Senate Committee on Commerce, Science, and Transportation 
hearing on nominees held May 16, 2018
---------------------------------------------------------------------------
    The evidence of climate change is overwhelming. As we face record-
breaking temperatures, increased frequency and intensity of extreme 
weather events, and longer and more severe droughts and wildfire 
seasons, we need a NHTSA Administrator who understands and acknowledges 
that the transportation sector is now the largest and fastest growing 
source of carbon emissions in the United States, and reducing these 
emissions is critical to combatting climate change.
    NHTSA sets fuel economy standards for passenger vehicles and 
enforces the standards, including by fining auto companies that violate 
the rules. However, based on available information about the current 
proposal for the fuel economy standards for model years 2021-2025, 
which Ms. King is overseeing, she has worked to weaken the CAFE 
standards and states' rights. She also oversaw a recently overturned 
attempt to lower the fines that automakers pay for missing the goals of 
the CAFE standards.
    The importance of the CAFE standards to the public cannot be 
understated. Consumers can expect to save between $3,200-$4,800 over 
the lifetime of a new vehicle meeting the 2025 standards, even at low 
gas prices. As gas prices currently approach a three year high and are 
expected to continue to rise, the savings will be up to $8,200 per 
truck.\4\ \5\ \6\ A recent Consumers Union survey found nearly 9 out of 
10 consumers want automakers to continue to raise fuel efficiency.\7\ 
Moreover, 2012-2025 standards are expected to cut
---------------------------------------------------------------------------
    \4\ https://gasprices.aaa.com/
    \5\ http://consumersunion.org/2016/09/new-cafe-standards-help-
consumers-save-big/
    \6\  https://www.cnbc.com/2018/04/24/gas-prices-are-near-a-three-
year-high-heres-how-to-save-at-the-pump.html
    \7\ http://consumersunion.org/news/2017-fuel-economy-survey/
---------------------------------------------------------------------------
    our reliance on oil by 2.4 million barrels per day by 2030.\8\ And 
annual carbon pollution in 2030 would be reduced by 570 million metric 
tons of CO2, which is equivalent to the pollution from 85 
million of today's cars or 140 coal-fired power plants.
---------------------------------------------------------------------------
    \8\ https://www.nrdc.org/experts/luke-tonachel/clean-car-and-fuel-
economy-standards-whats-next
---------------------------------------------------------------------------
    Americans deserve a NHTSA administrator who acknowledges the 
established science of climate change and works to ensure that 
consumers continue to benefit from strong fuel economy standards. We 
urge you to vote no on the nomination of Heidi King for NHTSA 
Administrator.
            Sincerely,

Center for Biological Diversity
Climate Hawks Vote
League of Conservation Voters
Plug in America
Safe Climate Campaign
Sierra Club
Union of Concerned Scientists
Voices for Progress
                                 ______
                                 
 Response to Written Questions Submitted by Hon. Richard Blumenthal to 
                             Joseph Gruters
    Question 1. Amtrak's budget: Does President Trump's proposed budget 
for Fiscal Year 2019 support cutting appropriations to Amtrak?
    Answer. The President's Fiscal Year (FY) 2019 budget request 
proposes several reforms to Amtrak with the stated aim of improving 
efficiency and reducing costs. The FY 2019 budget request is a 
reduction from the FY 2018 enacted funding levels.

    Question 2. Amtrak's budget: Do you support cutting appropriations 
to Amtrak for Fiscal Year 2019?
    Answer. Congress is charged with setting annual appropriations for 
Amtrak. As a member of the Amtrak Board of Directors, if confirmed, I 
have a fiduciary responsibility to carry out statutory directives of 
Congress.

    Question 3. Amtrak's budget How much Federal funding should Amtrak 
receive in Fiscal Year 2019?
    Answer. I am not currently on the Board of Amtrak and do not have 
direct experience working with Amtrak. However, I look forward to 
working with Congress, Amtrak staff and CEO Richard Anderson to ensure 
that Amtrak is the safest, most reliable, and most efficient passenger 
railroad service that it can be.

    Question 4. Driving record: Is there anything in your driving 
history that should concern the committee?
    Answer. No. However, I have received normal traffic citations.

    Question 5. Driving record: In the past ten years, have you been 
given any traffic citations? If so, please provide all information 
regarding any such citations.
    Answer.

   8-18-2011 MANATEE 0 6472WFT UNLAWFUL SPEED SPEEDING 39 IN A 
        30 ZONE ADJUDICATION WITHHELD--CLERK SCHOOL

   08-24-2015 SARASOTA 0 A43PTZE CARELESS DRIVING ADJUDICATION 
        WITHHELD--CLERK SCHOOL ELECTION

   07-25-2016 SARASOTA 4 A5XR5HE CARELESS DRIVING DISPOSITION 
        WAS GUILTY COUNTY COURT CRASH INDICATED

    Question 6. Driving record: In the past ten years, has the State of 
Florida ever threatened to suspend your driving privileges? If so, 
please provide all information regarding actions taken by the State of 
Florida and possible suspension of your driving privileges.
    Answer. No.

    Question 7. Driving record: Are there any complaints or actions 
that are responsive to question C.1. of the committee's questionnaire 
that you have failed to disclose?
    Answer. No. However, in the spirit of being open and transparent, I 
will point out that although not personally subject to any other 
complaints other than what was listed, in my capacity as a grassroots 
political party chairman, I was named along with the organization's 
treasurer in a Florida Elections Commission complaint related to 
inadvertent errors made by the treasurer on quarterly financial 
reports. The errors were corrected by the treasurer in an amended 
report. The organization settled the complaint and paid the fine. I did 
not prepare the reports that included the inadvertent errors and I did 
not pay a fine.

    Question 8. Driving record: If so, please provide all information 
regarding such complaints or actions. If there are any complaints or 
actions that you failed to disclose, please explain the reason for the 
lack of disclosure.
    Answer. N/A

    Question 9. Gateway: Do you believe the Federal government should 
be a key partner in efforts to rebuild the aging and decaying rail 
tunnels under the Hudson River, also known as the Gateway Project?
    Answer. I am not yet a member of the Amtrak Board of Directors, 
however, if confirmed, I look forward to learning more about all 
capital infrastructure projects impacting Amtrak's operations. Also, I 
look forward to working closely with Members of Congress to better 
understand their priorities for Amtrak service.

    Question 10. Gateway: Do you agree that the success of the Gateway 
Project is critical for the long-term success of Amtrak?
    Answer. I am not yet a member of the Amtrak Board of Directors, 
however, if confirmed, I look forward to learning more about all 
capital infrastructure projects impacting the long-term success of 
Amtrak's operations.
                                 ______
                                 
      Response to Written Question Submitted by Hon. Tom Udall to 
                             Joseph Gruters
    Question. I appreciated your recognition of the importance of 
Amtrak for rural communities. As you heard from my colleagues, Senators 
Moran and Gardner, we strongly support the Southwest Chief line. We are 
concerned about Amtrak seeming to walk back from previous commitments 
to our communities to work cooperatively to upgrade and maintain the 
rail system that the Southwest Chief uses.
    Will you commit to working with all of the stakeholders, including 
the delegations from the states impacted, to ensure that Amtrak will 
continue their commitment to the Southwest Chief?
    Answer. Yes. If confirmed, I look forward to working with the 
Congressional delegations, Amtrak, and other impacted stakeholders to 
ensure that Amtrak continues its commitment to the Southwest Chief.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Tammy Baldwin to 
                             Joseph Gruters
    Question 1. Passenger rail is a vital component of a 21st century 
infrastructure network. For many Wisconsinites, Amtrak may be the most 
affordable and efficient mode of transportation. Further, reports 
indicate that reduction or elimination of Amtrak service would 
disproportionately impact rural and low-income Americans.
    Are you committed to supporting robust investments in Amtrak's 
long-distance routes and national network?
    Answer. I recognize the importance of long distance routes and the 
national network. If confirmed, I am committed to working with Amtrak 
leadership and Congress on this issue, and that includes funding. As a 
board member, I will have a fiduciary relationship to the Corporation 
with the mission being set forth by Congress.

    Question 2. Amtrak has historically been a strong example of a 
public-private partnership that promotes our tourism economy by 
allowing privately owned certified rail cars to hitch on to Amtrak 
trains, connecting Americans to the rich history of our expansive rail 
network. Importantly, this partnership also provides Amtrak with a 
source of revenue. Recently however, Amtrak has taken on practices that 
discourage private rail cars from paying to be hitched to Amtrak 
trains, including removing or refusing cars without advanced notice and 
unpredictable pricing.
    Will you commit to supporting and improving Amtrak's public-private 
partnership with privately owned rail cars?
    Answer. Yes. If confirmed, I will do all I can to work on a 
mutually agreeable solution to this important matter.

    Question 3. What steps will you take to inject transparency and 
certainty into private rail car policies and pricing?
    Answer. I come from Florida where the open-meeting Sunshine Laws 
exist, so my preexisting philosophy and practice is to be open and 
transparent as I believe that is the best system for accountability. I 
will work to bring these beliefs and practices to all that I do at 
Amtrak, including the Corporation's private rail car policies and 
pricing.
                                 ______
                                 
Response to Written Questions Submitted by Hon. Catherine Cortez Masto 
                           to Joseph Gruters
    Question 1. Amtrak Long Distance Service: Mr. Gruters, I wanted to 
raise the importance of Amtrak passenger rail service through northern 
Nevada. My communities of Elko, Winnemucca, and Reno rely on the Amtrak 
service provided by the California Zephyr Amtrak line, including the 
88,000 Nevada riders who travel on the line. Just to give you sense of 
the impact, the Mayor Putam of Winnemucca, a community of around 7,300 
people that is a focal point in the region, wrote me stating that 
``Rural Nevada needs your help. The [Amtrak] train service is an 
important part of the economic vitality and social fabric of my 
community. Many of our veterans and seniors use Amtrak to access 
medical services in Reno and other areas.'' And as stated by the 
railroad itself: Amtrak works with Key Holidays, a tour operator, to 
operate ``Fun Trains'' and ``Snow Trains,'' which are special trains 
that carry thousands of passengers from the Bay Area to Reno. Many of 
these passengers go on to visit ski resorts and other recreational 
areas near Lake Tahoe during winter months when airports and highways 
are often disabled or shut down.
    So you see the impact and benefit this service provides to Northern 
Nevada. Now I have received messages of concern that Amtrak management 
has started actively discussing breaking up long-distance routes to 
reallocate resources to state corridors. While we don't yet know how 
far these discussions have advanced, recent Amtrak moves to cut back 
food & beverage service on two long-distance services and eliminate 
station agents in 15 more National Network communities has forced us to 
act. In your questionnaire, you raise concerns about the need for 
Amtrak to lower their operating losses. However, as I've just stressed, 
some long distance lines are critical transportation networks, but may 
be difficult to turn a profit.
    If you had to choose between lowering operating losses or shutting 
down a long distance line--which would you choose?
    Answer. If confirmed, I would work on ways avoid any such either/or 
situation by supporting efforts to create efficiencies throughout the 
system. I believe we need to seek solutions that have the maximum 
possible impact with the least possible disruption to existing service 
lines, ridership and staffing.

    Question 2. Do you commit to protecting Amtrak's long distance 
service, including whatever line or service is serving Nevada?
    Answer. It would be difficult for me to support your nomination 
with this uncertainty related to Amtrak service hanging over three of 
the vital communities in Nevada.
    I recognize the importance of long distance service and as a result 
will keep an open mind and am willing to work with you and your staff 
on specific issues. If confirmed, I commit to working closely with 
Amtrak and Congress to understand any impacts or changes to specific 
services or lines.
                                 ______
                                 
     Response to Written Questions Submitted by Hon. Jon Tester to 
                             Joseph Gruters
    Question 1. Safeguarding Long-Distance Service Across Rural 
America: Montanans value and rely on Amtrak for travel to jobs, school, 
family and vacation destinations. The media report that Amtrak is 
contemplating either discontinuing or reducing the number of days that 
Amtrak provides service on its long-distance lines, such as the Empire 
Builder line that crosses the full width of Montana.
    Do you agree that Amtrak's long-distance routes are critical to 
connecting people and communities in rural America and should be 
safeguarded?
    Answer. I recognize the importance of long distance routes and the 
national network to communities in rural America. If confirmed, I am 
committed to working with Amtrak leadership and Congress. I will be 
open to hearing the concerns of those impacted by this issue. As a 
Board member I have a fiduciary relationship to the Corporation with 
the mission being set forth by Congress.

    Question 2. What will you do to ensure that Amtrak will not reduce 
the level of service on its long-distance lines operating through rural 
America during your term as a member of Amtrak's Board?
    Answer. I recognize the importance of long distance routes and the 
national network. If confirmed, I am committed to working with Amtrak 
leadership and Congress. I will be open to hearing the concerns of 
those impacted by this issue. As a Board member I have a fiduciary 
relationship to the Corporation with the mission being set forth by 
Congress.

    Question 3. Will you pledge that Amtrak will consult lawmakers and 
the public in a transparent and timely way prior to any changes to 
long-distance lines' funding and service?
    Answer. I come from Florida where the open-meetings Sunshine Laws 
exist, so my preexisting philosophy and practice is to be open, 
transparent, and responsive. I believe that is the best system for 
accountability. As a member of the Board, I will work to bring these 
beliefs and practices to all that I do at Amtrak, including the 
Corporation's private rail car policies and pricing.

    Question 4. Maintaining On-Site Personnel at Amtrak Stations in 
Rural America: There are reports that Amtrak will eliminate completely 
on-site staff at several stations in Montana starting in June 2018. 
This imposes an onerous and disproportionate burden on rural-based 
passengers. Eliminating on-site staff at stations forces travelers to 
purchase tickets on-line--which is problematic when access to reliable 
Internet in rural America is spotty. (Nearly 23 percent in Montana do 
not have access to a single provider of broadband services.) An 
alternative is for customers to come to the station, hope that there 
will be space available to board the train and if so, be required to 
purchase tickets at the highest fare per Amtrak policy. Decisions that 
result in such a scenario are unreasonable and just wrong. Will you 
commit to reversing the practice of leaving rural-based passengers 
without any on-site staff support at Amtrak stations?
    Answer. If confirmed, I commit to working with Amtrak leadership 
and Congress on this issue. I will be open to hearing the concerns of 
those impacted. I have a fiduciary relationship as a member of the 
Corporate Board with a mission set forth by Congress.

    Question 5. States Matching Federal Funding to Cover Long-Distant 
Train Service Operating Costs: In the FY 2019 budget, the 
Administration states that reliance on Federal subsidies to operate 
long-distance train routes should be reduced. The Administration 
proposes to do that by having states match Federal funding to cover 
operating costs for long-distance routes.
    Given the constrained fiscal realities facing many state 
governments, what would you expect to be the outcome if that strategy 
is adopted?
    Answer. If confirmed, I commit to learning more about this issue 
and gaining a greater understanding of the impact of increasing cost 
share for state-supported routes.

    Question 6. Do you support this financing strategy?
    Answer. As I am yet not a member of the Board, I would need to 
learn more about the impact and specific details of this proposed 
financing strategy. If confirmed, I commit to working with Amtrak 
leadership and Congress to understand state supported routes and the 
impact of increasing the cost-share for states. In terms of carrying 
out any policies, I have a fiduciary relationship as a member of the 
Corporate Board with a mission set forth by Congress.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Dan Sullivan to 
                          Jennifer L. Homendy
    Question 1. Unmanned Aircraft Systems (UAS), or drones, continue to 
be used for variety of purposes in Alaska and across the country, 
including for pipeline safety, innovation within the oil and gas 
sector, and numerous other recreational and commercial activities. 
Because of the enormous role aviation plays in Alaska, particularly 
with our diverse geography and enormous airspace, we have long led the 
way in developing innovative measures and partnerships to ensure our 
aviation systems are safe, reliable and accessible for all users. Last 
week, the Department of Transportation named the University of Alaska, 
Fairbanks as one of 10 sites nationwide selected for the highly 
competitive FAA UAS Integration Pilot Program. This is a positive step 
to ensuring the development and advancement of the rules governing UAS 
are made with the input, real-world applications and knowledge of 
Alaskan stakeholders.
    In your new role, will you ensure the agency shares what it has 
learned to date from investigations of previous accidents, so that our 
test sites are aware of NTSB recommendations on how in regards to 
safety challenges affiliated with these rapidly changing technologies?
    Answer. Yes, if confirmed, I will ensure that the NTSB shares with 
Alaska's test sites what it has learned to date from completed 
investigations of accidents or incidents involving UAS.

    Question 2. Can you tell me what the agency does to ensure 
employees have access to needed expertise that exists in private 
industry to investigate in a field with rapidly changing technologies?
    Answer. Transportation technologies continue to advance and it is 
critical that the NTSB, like all Federal agencies, remain aligned with 
changing trends. In the Consolidated Appropriations Act, 2018 (P.L. 
115-141), Congress provided the NTSB with $4.4 million for Emerging 
Transportation Technologies, which will largely be used for additional 
training for NTSB staff and to support continued outreach with other 
investigative agencies and industry stakeholders regarding the latest 
innovations. An additional $3.6 million is included in the NTSB's 
Fiscal Year 2019 Budget Request sent to Congress on February 12, 2018.
                                 ______
                                 
     Response to Written Question Submitted by Hon. Dean Heller to 
                          Jennifer L. Homendy
    Question. Under the Nuclear Waste Policy Act, the Federal 
government is looking at shipping 9,495 rail casks in 2,800 trains and 
2,650 trucks hauling one cask each to Yucca Mountain over 50 years. 
These shipments would use 22,000 miles of railways and 7,000 miles of 
highways and cross over 44 states. Under previous questioning from me 
at this Committee, Federal Railroad Administrator Ronald Batory and 
Pipeline and Hazardous Materials Safety Administrator Howard Elliott 
confirmed that a transportation accident with an ensuing radiological 
release was possible.
    Ms. Homendy, you testified that even if all of the National 
Transportation Safety Board-recommended safety measures were to be 
implemented, the risk of transporting nuclear waste would not be 
eliminated.
    Given your assessment that we cannot engineer out 100 percent of 
the risk and given the significant number of proposed shipments, the 
sheer distance to be traveled, and the 50-year duration of these 
shipments, do you agree with Mr. Batory and Mr. Elliott that there is a 
real risk of at least one transportation accident with an ensuing 
radiological release occurring?
    Answer. According to the Association of American Railroads, there 
has never been a release as a result of a rail shipment of spent 
nuclear fuel (SNF). But, in 2016, there were just eight shipments of 
SNF (defense-related) out of about 2.2 million rail shipments of 
hazardous materials. As you noted, under the Nuclear Waste Policy Act, 
shipments would substantially increase.
    The Federal Railroad Administration reports in its ``Safety 
Compliance Oversight Plan for Transportation of High-Level Radioactive 
Waste and Spent Nuclear Fuel'' that 75 to 90 percent of SNF and high-
level radioactive waste (HLRW) will be transported by rail under the 
proposal. An increase in rail traffic of SNF and HLRW could increase 
the risk of an accident with an ensuing radiological release. Even with 
the strongest safety measures in place, it would be impossible to say 
with 100 percent certainty that an accident could never occur.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Bill Nelson to 
                          Jennifer L. Homendy
    Question 1. FIU Pedestrian Bridge Collapse: Ms. Homendy, the NTSB 
is currently investigating a pedestrian bridge collapse at Florida 
International University. Six people were tragically killed when the 
bridge was reportedly in the process of being tested and fell on to a 
state road that was open to traffic. This incident raised many safety 
issues. As a result, I asked the DOT IG to examine the oversight roles 
of all parties on the project as part of its audit into the bridge 
collapse.
    Do I have your commitment that, if confirmed, you will quickly get 
up to speed on the NTSB's own investigation into the collapse and that 
you will ensure it thoroughly examines whether federal, state and local 
authorities conducted sufficient oversight and inspections of the 
bridge's construction?
    Answer. Yes, Senator Nelson. I know how important this 
investigation is to you and the families of those that were tragically 
killed in the bridge collapse. If confirmed, I will quickly get up to 
speed on the NTSB's investigation of the collapse and I will ensure 
that it conducts a thorough examination of all the matters surrounding 
the collapse, including whether federal, state, and local authorities 
conducted sufficient oversight and inspections of the bridge's 
construction.

    Question 2. El Faro: Ms. Homendy, The NTSB has made dozens of 
recommendations to address the horrible tragedy of the sinking of the 
El Faro cargo ship during Hurricane Joaquin. That accident happened in 
2015 and it's high time that steps be taken so that such a catastrophe 
never takes place again.
    Ms. Homendy, if confirmed, will you work to make sure that the 
agencies properly implement NTSB's recommendations to help make sure 
such a tragedy never happens again?
    Answer. Yes, Senator Nelson. I have read the report and I am 
familiar with the safety recommendations that were issued as a result 
of the accident investigation. As you know, over the past 14 years, I 
have focused on rail, pipelines, and hazardous materials safety. If 
confirmed, I will quickly get up to speed on marine safety so I can 
advocate for swift implementation of these important safety 
recommendations and work to ensure such a tragedy never happens again.
                                 ______
                                 
 Response to Written Question Submitted by Hon. Richard Blumenthal to 
                          Jennifer L. Homendy
    Question. There is a new and emerging field in our transportation 
system: driverless vehicles. These vehicles pose a number of safety 
concerns.
    What kind of role should the NTSB play in investigating and 
understanding incidents related to autonomous vehicles?
    Answer. The NTSB is an independent Federal agency that investigates 
accidents in all modes of transportation to determine what caused them 
and to make recommendations aimed at preventing future accidents. The 
NTSB has considerable expertise in evaluating human performance and the 
introduction of automation into complex human-centric systems across 
all of the modes of transportation. I believe the Board's considerable 
knowledge and its thorough work in investigating and analyzing traffic 
crashes related to autonomous vehicles is invaluable in ensuring these 
technologies are implemented safety.
                                 ______
                                 
Response to Written Questions Submitted by Hon. Catherine Cortez Masto 
                         to Jennifer L. Homendy
    Question 1. Safety Concerns with Moving Nuclear Waste: Ms. Homendy, 
I appreciate our discussion on the need for a higher bar of safety for 
the movement of hazardous materials in America, especially the 
potential of thousands and thousands of rail casks and trucks hauling 
spent nuclear fuel and high-level radioactive waste through the 
country.
    I know we were short on time, so I wanted to ask again, and provide 
you the opportunity, to outline the broad set of rail and labor safety 
regulatory efforts that have been legislated, or even recommended by 
the NTSB, that have not been put into effect yet.
    Answer. Congress mandated a number of important safety measures in 
the Rail Safety Improvement Act of 2008 (P.L. 110-432), some of which 
were based on NTSB recommendations, but have not been implemented yet. 
These include requirements for the Federal Railroad Administration 
(FRA) to:

   establish minimum training standards for each class and 
        craft of safety-related railroad employee;

   prescribe standards, guidance, regulations, or orders 
        governing the development, use, and implementation of rail 
        safety technology in non-signaled territory, known as dark 
        territory, such as switch position monitoring devices which 
        detect misaligned switches;

   require railroads to develop and implement railroad safety 
        risk reduction programs and fatigue management plans (that 
        consider medical conditions such as sleep apnea); and

   require railroads to provide emergency escape breathing 
        apparatus for all crewmembers in locomotive cabs with freight 
        trains carrying certain hazardous materials.

    In addition, the railroads have not fully implemented positive 
train control (PTC) which was mandated in the 2008 Act, and the FRA has 
not updated its ``Safety Compliance Oversight Plan for Transportation 
of High-Level Radioactive Waste and Spent Nuclear Fuel'' since 1998.
    Two additional areas I would mention are fatigue and the use of 
audio and video recording devices. The NTSB recommends that all safety-
sensitive employees be screened for obstructive sleep apnea, and that 
audio and video recording devices be installed in all modes of 
transportation, including in locomotive cabs. These two recommendations 
have not been implemented yet and are necessary to ensure the highest 
levels of safety.

    Question 2. Do you believe that railroad personnel and emergency 
responders have been adequately provided the training needed to handle 
the transportation of high-level radioactive waste?
    Answer. The FRA has not updated its ``Safety Compliance Oversight 
Plan for Transportation of High-Level Radioactive Waste and Spent 
Nuclear Fuel'' since 1998. While it includes some training requirements 
for railroad personnel, consistent with existing Federal standards, 
railroad personnel transporting spent nuclear fuel or high-level 
radioactive waste require more advanced training to ensure the highest 
levels of safety.
    With respect to emergency responders, the National Fire Protection 
Association reports that nearly 40 percent of all fire personnel 
receive the lowest level of hazardous materials training, called 
general awareness. General awareness training is intended to train an 
individual to recognize a hazardous materials incident and take 
appropriate steps to call emergency responders. It is not appropriate 
for emergency responders themselves. Operations-level training, the 
next level up, is intended to train personnel to take initial steps 
during a hazardous materials incident to protect life and property. 
Operations-level training, at a minimum, should be provided to all fire 
personnel to ensure safety.
    As you are aware, as part of the NTSB's report on the Casselton, 
North Dakota crude by rail derailment, the board looked at rail braking 
technology titled Electronically controlled pneumatic brakes, or ECP 
for short.

    Question 3. Are you familiar with this technology, and are you 
aware that from that report, the previous NTSB Chairman Christopher 
Hart stated ``Over the last decade, the NTSB has investigated a number 
of catastrophic flammable liquid unit train derailments. Our 
recommendations have called for improved technologies that can reduce 
or minimize the risk of derailments. Improved braking capabilities are 
but one part of the equation in making rail transportation safer.''?
    Furthermore, on the ECP brakes, Mr. Sumwalt stated that in a 
``study performed by our staff, it was determined that ECP brake 
systems out-performed distributed power configurations and conventional 
brake systems.''
    Answer. Yes, I am aware that the NTSB conducted two safety studies 
which found that ECP brakes outperformed distributed power and 
conventional braking.

    Question 4. Do you have any reason to contradict this peer-reviewed 
analysis?
    Answer. No.

    Question 5. There is also the technology of Positive Train Control 
that you noted in your statement, where the mandate is now 10 years old 
and is still a ways from being fully implemented, correct?
    Answer. Yes.

    Question 6. As everyone knows, this is lifesaving technology that 
the NTSB has identified to have been able to prevent over 150 rail 
accidents just that the NTSB has investigated, you concur with that 
estimate and that this is essential, life-saving technology for the 
rail industry?
    Answer. PTC is essential, life-saving technology. The NTSB has been 
recommending implementation of PTC for nearly 50 years. In that time, 
the NTSB has completed 151 investigations of rail accidents that could 
have been prevented with PTC; two additional PTC-preventable rail 
accidents are undergoing investigations. These 153 accidents have 
resulted in nearly 300 fatalities and 7,000 injuries. Some railroads 
have made progress; others have a lot of work to do. What concerns me 
most are the lives that could be lost between now and when PTC is fully 
implemented and operational.

    Question 7. Technology and the Necessary Guardrails: Obviously, 
we're in an innovation age where many technological developments are 
driving economic expansion and can help society in a variety of ways.
    I wanted to ask from your perspective, whether you agree with many 
of us on the Commerce Committee that there are needed guardrails within 
these technologies that will have to be put in place for various 
elements like higher levels of safety, cyber security, privacy, 
wouldn't you agree? I ask because Nevada is at the forefront of these 
technologies, that's why I'm working to continue to lead an Innovation 
State initiative.
    Answer. There are many new and emerging technologies that have the 
potential to improve safety, but there are also safety risks that need 
to be fully evaluated and mitigated.

    Question 8. As we're looking at legislation in the Congress, do you 
believe these needed guardrails must be considered and addressed?
    Answer. I believe that safety should always be considered and 
addressed, and I believe the NTSB can play a valuable role in those 
discussions. The NTSB has considerable expertise in evaluating human 
performance and the introduction of automation into complex human-
centric systems across all of the modes of transportation. For example, 
I believe the Board's considerable knowledge and thorough work in 
investigating and analyzing traffic crashes related to autonomous 
vehicles is invaluable in ensuring these technologies are implemented 
safely.
                                 ______
                                 
     Response to Written Question Submitted by Hon. John Thune to 
                               Heidi King
    Question. Ethanol is an affordable and comparatively clean source 
of octane. As the agency considers CAFE standards for future model 
years, to what extent does NHTSA anticipate a greater role for vehicles 
with high-compression engines running on higher octane ethanol blend 
fuels such as E15?
    Answer. High-octane fuels, regardless of their source, can 
significantly reduce knocking and allow for development and deployment 
of high compression ratio engines. These engines can achieve greater 
fuel economy performance. Conceptually, if the market were to adopt a 
higher base standard of octane, the agency would anticipate automakers 
may design vehicles with higher-compression ratio engines, thereby 
achieving a higher base level fuel economy. NHTSA and EPA are 
considering technologies for improved fuel economy including higher 
octane blend fuels.
                                 ______
                                 
  Response to Written Questions Submitted by Hon. Roger F. Wicker to 
                               Heidi King
    Question 1. There were approximately 755 child vehicular heat 
stroke fatalities in the U.S. between 1990 and 2015--including 26 in 
Mississippi. I believe these tragic deaths are easily preventable. I 
cosponsored a provision in the AV bill that would require automakers to 
install rear seat reminders in new vehicles to prevent children from 
being unintentionally left in the back seat.
    I've heard concerns regarding the cost of implementing child rear 
seat reminders in new vehicles. This safety feature is already standard 
in some vehicles. As autonomous vehicle technology continues to 
improve, would you agree that this safety feature will become easier 
and cheaper to implement in new vehicles?
    Answer. Thank you for your attention to this important safety issue 
and your leadership in raising awareness. I agree with you that these 
tragic, heart-breaking deaths are preventable. I am aware that there 
are technological solutions currently being researched and developed, 
as well as several solutions that are being tested and even 
incorporated in existing vehicles on the market today. I am optimistic 
that advances in vehicle technology will make it easier and cheaper to 
implement such technology in new vehicles in the near future, and that 
consumers will drive adoption of such technologies.

    Question 2. With tragic incidents continuing at an alarming pace, I 
do not believe simple public service announcements are doing enough to 
address the issue. What actions do you think the auto makers can take 
to help prevent these senseless deaths?
    Answer. Automakers can and will continue to research and develop 
technology that will remind parents or vehicle operators to check the 
rear seats for a child passenger. Whether it is by reminding them 
through a call or text to their cellphone when the interior temperature 
reaches a certain temperature, or alerting passersby through vehicle 
horns or flashing lights. As you know, many of these tragic incidents 
also involve children who let themselves into a parked vehicle without 
the owner's awareness. Technology that would prevent such incidents is 
just as important to an overall solution.

    Question 3. What administrative actions beyond just public service 
announcements can NHTSA take to help address the serious issue of child 
vehicular heat stroke fatalities?
    Answer. NHTSA works to share data and information and to identify 
potential best practice approaches to mitigate hyperthermia cases. In 
addition, the agency has conducted meetings with safety stakeholders to 
provide an opportunity to discuss ways to collaborate and improve 
ongoing efforts to raise awareness on this important safety issue. 
Further, NHTSA is working with safety advocates, caregivers, and the 
auto industry to educate the public about the dangers of heat stroke in 
cars, and the agency is conducting research about the best methods and 
technologies to end these tragic and preventable deaths.
    NHTSA developed and made available research test procedures that 
technology companies, vehicle manufactures, and inventors can use to 
evaluate how a system performs under different real world scenarios. 
You may find of particular interest this 2015 report addressing the 
functional assessment of unattended child reminder systems.

    Question 4. Toyota recently announced that it would be deploying 
vehicles with DSRC systems by 2021.
    Can you comment on whether NHTSA supports preserving the 5.9 GHz 
spectrum band for vehicle-to-vehicle communications and other vehicle 
safety applications?
    Answer. Safety is the Department of Transportation's top priority. 
It is DOT and NHTSA's hope to preserve the spectrum for transportation 
lifesaving technologies.

    Question 5. Is NHTSA collaborating with the FCC and NTIA on the 
open proceeding at the FCC that is looking into spectrum sharing in the 
5.9 GHz band? If yes, can you provide an update on your discussions 
with those agencies?
    Answer. NHTSA, in partnership with relevant Federal agencies, has 
continued to pursue further research and testing of the 5.9 GHz 
spectrum band. The agency is working closely with NTIA and the FCC, and 
its technical experts and staff have shared data and results and are 
coordinating efforts. I hope to provide additional information on the 
status of our joint progress in the near future.

    Question 6. Does the agency have the adequate number of resources 
to handle dealing with new technologies in vehicles? How do you see 
safety regulation evolving as cars increasingly employ crash avoidance 
technologies?
    Answer. The budget request lays the groundwork for NHTSA to respond 
effectively to the changing technological environment and address new 
safety challenges proactively. More specifically, NHTSA requested 
nearly $38 million for Vehicle Safety Research and Analysis, including 
a dedicated $10 million set-aside for Automated Driving Systems 
research. NHTSA has identified the need for increased emphasis on crash 
avoidance technologies with significant potential to reduce fatalities 
and injuries by preventing the crash from occurring; reducing the 
severity of crashes through automatic braking or steering 
interventions; or by providing timely warnings to the driver. NHTSA 
recognizes that the rapid pace of technological change requires the 
agency to adapt, and to that end, the agency is performing extensive 
research into the need to adjust current standards to recognize new 
vehicle safety technologies.

    Question 7. NHTSA's New Car Assessment Program rates vehicles to 
determine crash worthiness. I understand that NHTSA intends to update 
the program to reflect new safety technologies. Future direction of the 
New Car Assessment Program (NCAP) is not clear. The second Request for 
Comment of the proposed new NCAP was released and immediately withdrawn 
due to the ``Regulatory Freeze'' in early 2017. There has not been any 
clear indication how NTHSA will proceed with this proposal. What 
actions do you intend to take at NTHSA to move this program forward?
    Answer. NHTSA continues to evaluate the best manner in which to 
improve consumer understanding of advanced safety technologies. In 
2018, the agency plans to engage stakeholders on its next actions for 
NCAP--the public comments received in response to the 2015 notice 
demonstrated the need for a dialogue regarding the types of information 
that would be most helpful to consumers and the types of tests and 
rating systems would be best suited to achieve program goals. NHTSA 
plans to give consideration to advanced driver assistance systems that 
have the potential to further automotive safety. If confirmed, I plan 
to focus agency efforts on how the program can most effectively deliver 
information to the public.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Dan Sullivan to 
                               Heidi King
    Question 1. According to the National Highway Traffic Safety 
Administration, there were 81 traffic fatalities in Anchorage between 
2010 and 2014. Although 5 percent of people walk, bike, and ride 
motorcycles as their primary mode of transportation in Anchorage, 
combined they make up 52 percent of the traffic fatalities.
    Working with the Municipality of Anchorage and Bike Anchorage, 
``Vision Zero'' is an Anchorage based community commitment to reduce 
the loss of life and major injuries on roadways to zero. This effort is 
using a data-driven and coordinated approach to designing safer 
streets, public education, evaluating what works, and enforcing the 
best laws.
    Can you tell me what NHTSA is doing to work with local partners to 
identify specific traffic safety problems at the State and local 
levels?
    Answer. The Alaska Highway Safety Office 2018 Highway Safety Plan 
includes performance targets to reduce both pedestrian and bicyclist 
fatalities. There are two projects included in Alaska's plan which 
address this issue. One project will engage community stakeholders in 
the Anchorage area, especially the business community, in addressing 
pedestrian safety issues in high risk areas. The second project will 
fund various bicycle and pedestrian safety projects in the State that 
are identified in the state's plan, which was developed by the Alaska 
State Department of Transportation in collaboration with other 
stakeholders including the highway safety office.
    Thanks to Congress, the FAST Act also authorized a new non-
motorized grant program. NHTSA awarded these grants to States with 
combined pedestrian and bicyclist fatalities greater than 15 percent of 
the total motor vehicle related fatalities.
    In FY 2018, 23 states (including Alaska), Puerto Rico and the 
District of Columbia qualified for non-motorized safety grants.

    Question 2. What countermeasures are available to curtail the high 
fatality rates?
    Answer. NHTSA's Office of Regional Operations and Program Delivery 
administers more than $500 million in grant programs annually to the 50 
states, the District of Columbia, Puerto Rico, the U.S. Territories and 
the Bureau of Indian Affairs. Under Section 405, NHTSA awards grants 
for occupant protection, state traffic safety information systems, 
impaired driving countermeasures, distracted driving, motorcyclist 
safety, non-motorized safety, and State graduated driver licensing 
laws. Regional offices help states identify their highway safety 
problems using data, evaluate safety programs and activities, and 
provide technical assistance and training to State program managers.
    NHTSA facilitates:

        Occupant Protection Assessment

        Impaired Driving Program Assessment

        Traffic Records Assessment

        Pedestrian Safety Program Assessment

        Emergency Medical Services Assessment

        Standardized Field Sobriety Testing Assessment

        Driver Education Assessment

        Motorcycle Safety Assessment

    To further support local efforts, NHTSA offers marketing tools for 
numerous traffic safety campaigns, including drunk driving, car seats, 
vehicle safety, distracted driving, and motorcycles at https://
www.trafficsafetymarketing.gov/.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Dean Heller to 
                               Heidi King
    Question 1. As you know, I authored a provision with Senator Markey 
to ensure crash avoidance technologies are incorporated into safety 
ratings for cars. I appreciate you responding to me with an update 
about including these technologies in the safety rating, but it didn't 
provide a timeline for completion. Can you provide me with a timeline 
for a rulemaking and a deadline on when you intend to complete it?
    Answer. We plan to continue our efforts to update NCAP by following 
our process for public engagement, including a public meeting during 
summer 2018. The timing and content of the rulemaking to add crash 
avoidance information to the Monroney label will be determined from the 
results of our public engagement process this summer and fall 2018.

    Question 2. I authored a provision in the FAST Act that would allow 
small kit car manufacturers to sell up to 325 completed replica 
vehicles in the U.S. each year. The provision was straightforward, but 
it has not been implemented yet. Can NHTSA issue an interim rule 
allowing companies to register and begin production immediately while 
the agency works on a rule? Can I have your commitment companies will 
be able to start producing replica cars by August of this year?
    Answer. An interim final rule would require a ``good cause'' 
exception from the notice and comment requirements of the 
Administrative Procedure Act. NHTSA is drafting the Notice of Proposed 
Rulemaking (NPRM) to address replica vehicles, and working to publish 
the notice in the Federal register in May 2018. The timing and content 
of a final rule will be determined following the public comment process 
of the NPRM.
                                 ______
                                 
     Response to Written Questions Submitted by Hon. Todd Young to 
                               Heidi King
    Question 1. Ms. King, on April 2 of this year, the Administration 
issued a formal notice indicating the upcoming review of the emissions 
standards for model year 2022 to 2025 light duty vehicles. I welcome 
this Administration's attention to this important economic issue. The 
Corporate Average Fuel Economy standards are an important issue for the 
state of Indiana. The Hoosier state is the most manufacturing intensive 
state in the country which is in large part is driven by Indiana's 
status as a top-five automotive manufacturing state, with nearly half a 
million Hoosiers employed in the sector. I would urge NHTSA, in 
conjunction with the EPA, to dialogue with a wide range of stakeholders 
throughout this process. It is of utmost importance for the 
administration to dialogue with a diverse set of stakeholders, 
including consumers, to ensure standards are technologically feasible, 
economically efficient, and preserve vehicle choice. If confirmed, 
could you speak to your plans regarding how NHTSA will ensure the 
diverse coalition of stakeholders will be represented in the rulemaking 
process?
    Answer. I agree that the upcoming standards need to be 
technologically feasible, economically efficient, and preserve consumer 
choice. NHTSA has met extensively with a wide variety of stakeholders 
to gather information as we have developed our proposal, and we look 
forward to gathering more information from more stakeholders as part of 
the public comment process once the proposal is public. In addition, 
NHTSA is considering public meetings on aspects of the rule to enhance 
transparency for all stakeholders.

    Question 2. Ms. King, in your tenure as Deputy Administrator at 
NHTSA, you have been involved in a multitude of important 
transportation safety issues. In March, NHTSA launched an initiative to 
combat drug-impaired driving on our roadways. In my home state of 
Indiana, the opioid crisis continues to trouble numerous Hoosier 
communities. If confirmed, could you speak to your plans for combatting 
the opioid crisis on our transportation network? How can Congress 
partner with NHTSA to further empower your efforts?
    Answer. Last year, President Trump identified the opioid epidemic 
as a public health emergency; we lost at least 64,000 neighbors, 
friends, and family members to drug overdose, primarily from opioids. 
Unfortunately, we don't know the full extent to which drug-impaired 
drivers were involved in crashes, but we do know that impaired driving 
is illegal and deadly. We also know that our partners in law 
enforcement are seeing drug-impaired drivers on our roads and in the 
courts every day.
    Combatting drug-impaired driving requires proven strategies and 
innovative practices. Across the country, NHTSA-sponsored programs like 
the Advanced Roadside Impaired Driving Enforcement (ARIDE) training and 
the Drug Recognition Expert (DRE) program, which is especially robust 
in Indiana, help law enforcement professionals to remove drug-impaired 
drivers from behind the wheel. NHTSA also provides training for 
toxicologists and prosecutors to enhance the functioning of the 
criminal justice system.
    Like other states, Indiana's system for dealing with opioid-
impaired driving is not without its challenges. There is currently a 
five-month delay on drug analysis for chemical testing samples due to a 
backlog of samples. In addition, Indiana's chemical testing equipment 
does not have the capability to do drug confirmations on samples which 
screen positive for opioids, meaning the sample must be sent out of 
State for confirmation. Efforts to remedy these problems are currently 
underway.
    As NHTSA continues its initiative to combat drug-impaired driving, 
we are engaging stakeholders through listening sessions to identify 
best practices and program needs. We know there are needs both in the 
criminal justice community and in the toxicology realm so we will 
convene experts from across the country to clarify what the gaps are. 
NHTSA is also committed to improving the science behind the impairing 
effects of drugs on driving safety. From these activities, NHTSA will 
define a path for eliminating drug-impaired driving from our roads.
    In 2018, Congress appropriated $5 million for NHTSA to enhance its 
efforts to reduce impaired driving. These funds will support NHTSA's 
new drug-impaired driving initiative. Further, the funds will help us 
to develop robust and effective public education tools that focus on 
the message that impaired driving includes both alcohol and other 
drugs. Your attention and support are a significant contribution to 
finding solutions to this challenging issue, and we look forward to 
further collaboration on this lifesaving activity.

    Question 3. Ms. King, NHTSA is at the heart of the autonomous 
vehicle debate. As Congress works arduously to pass the AV Start Act in 
this year, NHTSA's work in the AV space continues. Earlier this spring, 
two notices were posted on the Unified Agenda of Regulatory & 
Deregulatory Actions--notably removing barriers for Automated Driving 
Systems and removing barriers for innovative motor vehicle 
technologies. Can you please speak to how these notices may or may not 
inform the work on the proposed rule for vehicle-to-vehicle 
communication standards?
    Answer. With the Request for Comments notices published earlier 
this year, NHTSA sought public comments regarding the update of 
regulations to adapt to new technologies. The comment period closed on 
March 20, 2018 to which we received 97 submissions. The agency is 
conducting a thorough analysis of each of these public comments and 
determining appropriate actions to take moving forward. Any public 
comment to this recent RFC pertaining to V2V will be taken in account 
and considered along with the comments submitted to the V2V NPRM 
published in December 2016.

    Question 4. Ms. King, NHTSA's work is vital to ensuring violations 
of emissions standards, like the recent Volkswagen emissions scandal, 
does not occur again. In regards to diesel vehicles approved for sale, 
how does NHTSA plan to monitor the vehicles fixed with reported 
upgrades to ensure they will safely and reliably operate on U.S. 
highways?
    Answer. NHTSA is responsible for setting and enforcing fuel economy 
and safety standards for vehicles. The Volkswagen emissions issue 
centered on a violation of emission standards that the Environmental 
Protection Agency (EPA) regulates and enforces. However, if the vehicle 
fixes turn out to present an unreasonable risk to safety, NHTSA will 
work with the manufacturers to ensure that the safety defects are 
recalled and corrected.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Bill Nelson to 
                               Heidi King
    Question 1. The Takata Recall: At your hearing, I asked whether you 
would commit to requiring each automaker covered by the Takata recalls 
to post a public plan detailing the specific steps it will take to 
improve recall completion rates. You did not provide a clear ``yes'' or 
``no'' answer to my request. Therefore, I ask you to require that all 
automakers covered by the Takata recalls to post a public, written 
commitment on NHTSA's website by no later than June 30, 2018 that lays 
out all specific steps the automaker will take to meet or exceed the 
recall completion rate schedule set in the Third Amendment to the 
Coordinated Remedy Order, including, at a minimum, new outreach methods 
and incentives to help reach impacted vehicle owners and whether the 
automaker will provide rental or loaner cars, or another form of 
alternate transportation, to consumers while they are waiting for their 
vehicles to be repaired.
    In addition, I would like to know what specific enforcement 
actions, including, but not limited to, civil penalties, you intend to 
take if automakers do not comply with this request or fail to meet 
recall completion targets.
    Answer. Yes, I will engage with each automaker affected by the 
Takata recalls on providing a public plan regarding the specific steps 
it will take to improve its recall completion rates. I share your 
commitment to transparency and NHTSA has made efforts to provide 
extensive information on these recalls on its website at www.nhtsa.gov/
takata.
    NHTSA maintains robust authority and oversight of these recalls and 
will not hesitate to take decisive action--including enforcement 
action--as warranted. As necessary and appropriate, NHTSA will use its 
available tools, which could include compelling additional information 
through special orders or subpoenas, issuing new orders requiring 
additional action authorized under the Vehicle Safety Act, or taking 
civil penalty action for violations of law.
    I thank you again for all of your efforts to draw attention to this 
critical safety issue.

    Question 2. Suspected Carbon Monoxide Intrusion in Ford Explorer 
Vehicles: At the hearing, I asked you about the status of NHTSA's 
investigation into carbon monoxide intrusion in 2011-2017 Ford 
Explorers. This investigation has now been underway for more than 22 
months, and NHTSA has received thousands of complaints of carbon 
monoxide exposure, including dozens of reported injuries. In response, 
you said, ``I'm happy to provide more information on that ongoing 
recall; they've made great progress, and I'm looking forward to sharing 
more information.''
    Please provide a detailed update on the status of this 
investigation, including a description of what progress has been made 
and a timeline for its conclusion.
    A recall has not been publicly announced. Does your reference to a 
recall at the hearing indicate that NHTSA plans to announce a recall, 
or are you referring to Ford's current ``customer satisfaction 
program'' for these vehicles?
    If a formal recall is planned, please details the proposed scope 
and timing of such recall.
    Answer. It was my intention to highlight Ford's ongoing ``customer 
satisfaction campaign,'' not any specific recall. Ford has had this 
campaign active since late last year to provide customers with a 
solution to complaints they (and NHTSA) have received. The campaign is 
targeted at both Explorers used by Police fleets as well as Explorers 
used by civilians. NHTSA investigation of this issue continues as we 
evaluate this solution. NHTSA has noticed a drop in consumer complaints 
in recent months since the campaign has begun.

    Question 3. Recall Completion Rates: Last year, as required by the 
FAST Act, NHTSA issued a report to Congress on safety recall 
competition rates that revealed that competition rates are far too low. 
In fact, only 67 percent of passenger motor vehicle recalls were 
remedied in 2014 according to the report. The FAST Act also required 
the agency to issue a final rule by August 2016 permitting consumers to 
receive notices of safety recalls via e-mail to help increase recall 
completion rates. Yet, the agency has yet to complete this rulemaking.
    Please provide an update on this rulemaking and the reason for the 
delay.
    Answer. NHTSA initiated a rulemaking in October 2012 to address the 
provision in Section 24104 of the FAST Act to allow electronic 
notification methods for vehicle recalls. An Advance Notice of Proposed 
Rulemaking was issued by the agency on January 25, 2016, and was 
followed with the publication of an NPRM on September 1, 2016. The 
agency is currently evaluating comments to determine next steps.

    Question 4. At the hearing, you answered a question from Senator 
Inhofe pledging to consider ``economic practicality'' when evaluating 
CAFE standards. However, the law directs NHTSA to set CAFE standards 
according to ``maximum feasible average fuel economy.'' Economic 
practicality is only one component of that mandate. In addition, the 
Secretary is required to also consider technological feasibility, the 
effect of other motor vehicle standards of the Government on fuel 
economy, and the need of the United States to conserve energy.
    Please explain your concept of ``economic practicability'' and how 
you intend to evaluate CAFE standards pursuant to all elements of the 
statutory mandate.
    Answer. I intend to consider and NHTSA will seek transparent public 
comment in the forthcoming NPRM on all statutory factors including 
technological feasibility, economic practicability, the need of the 
Nation to conserve energy, and other Federal rules.

    Question 5. New Car Assessment Program: In December 2015, NHTSA 
proposed upgrades to the New Car Assessment Program (NCAP). These 
upgrades included provisions requiring more accurate test dummies and 
injury criteria, pedestrian protection ratings, and evaluations of 
vehicle safety technology, among many other improvements.
    What is the current status of these proposed upgrades and when can 
we expect to see these improvements integrated in the NCAP system?
    Answer. NHTSA plans to continue our efforts to update NCAP by 
following our process for public engagement, including a public meeting 
during summer 2018. The timing and content of the rulemaking to add 
crash avoidance information to the Monroney label will be determined 
from the results of our public engagement process during the summer and 
fall of 2018.

    Question 6. Truck Safety: The National Transportation Safety Board 
has made several recommendations regarding underride guards that have 
not been completed. Every year, lives are tragically lost in truck 
crash accidents because trucks don't have side underride guards that 
prevent cars from going under the side of a truck. Further improvements 
to rear underride guards could also prevent cars from going underneath 
the back of a truck. Several families in Florida have experienced this 
tragedy because the life-saving technology is not in place.
    Do you believe it is time to require trucks to have underride 
guards so no more precious lives are lost in such tragic accidents?
    Answer. The agency seeks to take an approach to reducing crashes 
involving passenger cars impacting the side and rear of commercial 
motor vehicles taking into account all available technologies. I am 
committed to a data driven approach to reducing these risks, including 
an examination of all options. This includes an examination of crash 
avoidance technologies, such as automatic emergency braking (AEB) and 
forward collision warning, to mitigate the severity of these crashes 
and to prevent them from occurring. NHTSA's research indicates that 
these technologies on light vehicles have the potential of reducing 
underride frequency and severity. Improvements to underride guard 
standards will be evaluated along with the expected changes to the 
vehicle crash environment.

    Question 7. What is your plan to require improvements to rear 
underride guards and the addition of side underride guards on 
commercial motor vehicles? When will DOT implement NTSB's 
recommendations? Please provide specific timelines.
    Answer. On December 16, 2015, NHTSA issued a Notice of Proposed 
Rulemaking (NPRM) for upgrading rear impact guards on trailers and 
semi-trailers. NHTSA is reviewing these comments and developing next 
steps.
    On July 23, 2015, NHTSA issued an ANPRM for improved rear truck 
underride guards and conspicuity tape on single unit trucks. NHTSA 
estimates that rear guards are not cost effective for single unit 
trucks. NHTSA is considering next steps regarding rear impact guards 
and retroreflective tape for single unit trucks.
    Regarding crash avoidance measures to reduce underride, per an 
agreement reached with automakers in 2016, AEB will be offered as a 
standard feature in virtually all new light vehicles by September 2022.

    Question 8. Some trailer manufacturers currently have retrofit kits 
available to strengthen existing trailers to enable them to meet the 
Institute for Highway Safety's ToughGuard standard. Given the 
availability of current technology to address this challenge, what 
steps can the agency now take to prevent passenger compartment 
intrusion and underride fatalities?
    Answer. NHTSA continues to monitor the development of this 
technology and will work with the Federal Motor Carrier Safety 
Administration (FMCSA) to ensure that truck and fleet operators are 
aware of safety considerations for trailer repairs. FMCSA operates 
roadside inspection programs for commercial motor vehicles and 
underride guards are inspected as part of these programs.

    Question 9. When will NHTSA release the results of the Texas A&M 
side underride study, which was completed at the end of 2017?
    Answer. The report has been released and is available here.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Maria Cantwell to 
                               Heidi King
    Question 1. Fuel Standards: Do you agree with the head of the 
Alliance of Automobile Manufacturers, a trade group representing major 
automakers, when he testified last week that automakers ``support 
standards that increase year over year that also are consistent with 
marketplace realities?''
    Answer. In the upcoming joint NHTSA-EPA Notice of Proposed 
Rulemaking, the agency intends to seek comment on a wide range of 
options, including various degrees of stringency increases year-over-
year. I support standards that comply with statute and are science-and 
data-driven.

    Question 2. The Administration's proposal to gut fuel economy 
standards effectively means drivers will be forced to hand over to big 
oil companies thousands of dollars more every year in added fuel costs. 
Do you support measures that will force Americans to pay more at the 
pump, or to be more likely to choose a more fuel-efficient foreign 
produced vehicle?
    Answer. I support standards that comply with statute and are 
science-and data-driven.

    Question 3. You have stated that NHTSA will set new fuel economy 
rules for 2022 to 2025. Will this include revision of Mid Year 2021?
    Answer. NHTSA is considering a range of options in order to ensure 
compliance with statute.

    Question 4. What is your view on the proposed ``one national 
standard'' that Administrator Pruitt has mentioned?
    Answer. NHTSA is working closely with the EPA to ensure that 
automakers can comply with one set of requirements to the extent 
possible within our authorities. As I mentioned during the hearing, I 
support the concept of one national standard.

    Question 5. Over the 40+ year history of the Clean Air Act and the 
section 209 waiver for California and other states, the California Air 
Resources Board has led the way in setting regulations for fuel economy 
and emissions, and NHTSA has maintained pace. If EPA were to revoke the 
Section 209 waiver for California, would NHTSA be ready to take the 
lead on fuel economy standards? CARB uses considerable resources to set 
standards. How will you increase staff and resources to match that 
production?
    Answer. Congress passed the Energy Policy and Conservation Act 
(EPCA) in 1975, requiring the U.S. Department of Transportation to set 
fuel economy standards. The Department has done so ever since. NHTSA 
has an unparalleled team of engineers and attorneys who are experts in 
this area. The agency also works with the U.S. DOT VOLPE Center to 
perform the analysis necessary and appropriate to establish fuel 
economy standards.

    Question 6. One of the stated rationales for lower fuel economy 
standards, or ``rollbacks'', is that it makes cars more affordable. Do 
you believe that the CAFE program raises the price of cars? Does it 
raise the price of cars after accounting for the cost of fuel?
    Answer. Analysis performed by the U.S. EPA and by NHTSA on the 
estimated cost impact of fuel economy technology indicates that CAFE 
standards increase the price of vehicles. The impact on the price of 
cars after accounting for the cost of fuel depends on many factors, 
including an individual consumer's use of the vehicle, how long the 
consumer owns the vehicle, and the price of the fuel.

    Question 7. I believe the most recent scientific analysis disputes 
the old argument that more efficient cars will have to be lighter-
weight, meaning they'll be unsafe because in accidents, so we need to 
carefully balance safety against efficiency. Researchers from the 
National Bureau of Economic Research collected weight data for vehicles 
sold in the U.S. from 1954 to 2005, and analyzed reports of 17 million 
crashes from 1989 through 2005. They found quote ``on net CAFE reduced 
fatalities.'' Given this data, will you follow the best available 
science when weighing CAFE standards against safety concerns?
    Answer. Safety is the U.S. Department of Transportation's top 
priority. NHTSA will continue to use the best available science in 
determining standards such as CAFE. A 2015 National Academy of Science 
study recommended that NHTSA perform further research in this area. The 
agency has continued its research and will continue doing so.

    Question 8. Delayed Rulemakings: During yesterday's hearing I 
inquired as to the status of several critical safety rulemakings 
mandated by Congress that are long overdue that would make the Lower 
Anchors and Tethers for Children (LATCH) system for child restraint 
systems (CRS) easier to use, improve the performance of CRSs in 
crashes, require e-mail notification to consumers of a safety recall 
and mandate rear seat belt reminders in vehicles. I was pleased to hear 
that NTHSA is working diligently to complete these rulemakings and the 
agency has accelerated its work in this area.
    However, NHTSA has failed to provide target dates to complete the 
rulemakings that will improve the ease of use of the LATCH system and 
require e-mail notifications of safety defects to consumers.
    Can you provide a date when the agency anticipates completing each 
of these rulemakings?
    Answer.

   LATCH: NHTSA initiated a rulemaking in February 2012 to 
        improve on the usability of child restraint anchorage systems. 
        An NPRM was issued by the agency on January 23, 2015, to 
        address the provision in Section 31502 of MAP-21 to improve the 
        ease-of-use of child restraint anchorage systems in all rear 
        seating positions. The agency is currently evaluating comments 
        to determine next steps.

   Notification of Vehicle Safety Recalls Via Electronic Means: 
        NHTSA initiated a rulemaking in October 2012 to address the 
        provision in Section 24104 of the FAST Act to allow electronic 
        notification methods for vehicle recalls. An Advance Notice of 
        Proposed Rulemaking was issued by the agency on January 25, 
        2016, and was followed with the publication of an NPRM on 
        September 1, 2016. The agency is currently evaluating comments 
        to determine next steps.

    Question 9. NHTSA has indicated that it anticipates issuing a 
Notice of Proposed Rulemaking in October of 2018 for the proposed 
regulation requiring rear seat belt reminders. Will the agency meet 
this deadline?
    Answer. The agency is currently drafting the NPRM and through the 
regulatory process and plans to publish the notice in October 2018.

    Question 10. NHTSA has indicated that it will publish a Final Rule 
on side impact requirements for CRSs in October 2018. Will the agency 
meet this deadline?
    Answer. The agency is currently drafting the final rule and through 
the regulatory process, plans to publish the rule in October 2018.

    Question 11. Drunk Driving: Distracted driving and drugged driving 
have received a lot of public attention in recent years as traffic 
safety threats. Drunk driving fatalities, however, have increased in 
each of the past two years after years of decline.
    Meanwhile, drunk driving arrests have steadily declined in recent 
years. Do you share my concern about this increase in drunk driving 
fatalities? What can and should NHTSA do to reverse these trends?
    Answer. NHTSA shares your concern about the increase in drunk 
driving deaths. Alcohol impairment remains one of the most serious 
traffic safety problems. In 2016, there were 10,497 deaths involving a 
driver above the legal blood alcohol level.
    Experience has shown that a comprehensive approach is the most 
effective means for addressing drunk driving. The agency is conducting 
research and developing programs to assist states in addressing risks 
ranging from underage drinking to binge drinkers and hard-core repeat 
offenders. Approaches to change behavior include strong laws, such as 
all-offender ignition interlock laws, and highly visible law 
enforcement. NHTSA provides training for police officers and 
prosecutors to strengthen arrest and courtroom procedures and education 
for judges regarding sentencing alternatives.
    The agency provides technical assistance for states that are 
establishing DUI Courts to rehabilitate the most serious offenders and 
sponsors two national impaired driving media campaigns each year to 
deter motorists from making a bad decision about driving after 
drinking.
    NHTSA administers an Impaired Driving Grant Program to provide 
resources for state programs and is working with the automotive 
industry on innovative technology that could be deployed in a voluntary 
market-driven manner to prevent drivers who are above the legal limit 
from driving their vehicle.
    NHTSA is also concerned that recent increases in drug use by 
drivers may exacerbate the alcohol problem. Studies show that mixing 
drugs and alcohol can amplify the effects of each and result in very 
serious impairment. In coming months, we will conduct a series of 
regional meetings to assess the problem and identify successful 
practices, and gather national experts to identify approaches for 
strengthening criminal justice processes and improving data systems.
    In this spring's omnibus FY 2019 appropriations bill, Congress 
increased funding for the NHTSA highway safety program by $5 million to 
fund ``grants, pilot program activities, and innovative solutions to 
reduce alcohol-impaired-driving fatalities and other causes of the 
recent increase in highway fatalities from impaired driving''.

    Question 12. What is the status of NHTSA's implementation of this 
funding provision?
    Answer. NHTSA plans to utilize these additional funds to strengthen 
state and community impaired driving programs in several important 
areas. A new initiative will be launched to reinforce the criminal 
justice system to improve the arrest and adjudication of impaired 
driving offenders. Tools and guidance will be developed to allow states 
to examine their overall system and allocate resources for best system 
performance. This initiative will assist states in maintaining a 
balance between investments such as law enforcement training, 
prosecution resources, and chemical testing capacity. A similar effort 
will focus on data system development to assist states in collecting, 
analyzing and utilizing consistent data on intoxication levels and 
other critical measures. State demonstration projects will be launched 
to test the effectiveness of these new tools and guidelines. Plans also 
include support for a new media campaign addressing the risks of 
driving while impaired by marijuana.
                                 ______
                                 
 Response to Written Questions Submitted by Hon. Richard Blumenthal to 
                               Heidi King
    Question 1. Underguards and sideguards: What actions will you take 
as administrator to mandate the installation of devices known as truck 
underguards and sideguards?
    Answer. NHTSA is currently evaluating the recent side underride 
research report including available crash data and information to 
determine the appropriate next steps. NHTSA recently released the 
results of the study, which can be found here.

    Question 2. Speed limiters: What actions will you take as 
administrator to mandate the installation of devices known as ``speed 
governors'' or ``speed limiters'' in heavy trucks?
    Answer. NHTSA received more than 2,000 public comments from its 
September 2016 proposed rulemaking to require a speed limiting device 
on heavy vehicles. The agency continues to evaluate these comments, 
available research, and determine next steps.

    Question 3. Keyless Ignition Systems: Why isn't NHTSA able to keep 
accurate tabs on deaths and injuries linked to keyless ignition 
systems?
    Answer. Verification of the death or injury to the keyless system 
requires detailed information. NHTSA's ``Not in Traffic Surveillance'' 
(NiTS) system provides estimates on deaths that occur in or around 
vehicles that are not on public roadways. The system uses state and 
other data sources to make estimates of deaths not on roadways. This 
publication describes how the system operates: https://
crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/811813.

    Question 4. What additional tools do you need to properly keep 
track of these dangers, or any other vehicle-related but non-crash 
incidents?
    Answer. NHTSA uses the tools it has (consumer complaints) and NiTS 
information (e.g., child heat stroke) to create programs for public 
awareness and campaigns to address specific issues found in the data. 
NHTSA is exploring other on-line sources of data (e.g., social media 
and forums) to understand the value of these new sources of data.

    Question 5. Are you committed to directing NHTSA's Office of 
Defects Investigation to launching a probe into the 28 deaths and 45 
injuries referenced in the New York Times article, and issuing 
necessary recalls?
    Answer. ODI uses a risk-based approach to determine whether an 
investigation should be opened. The approach requires validated sources 
of data on specific technology or systems alleging a defect that 
affects vehicle safety. ODI has been tracking keyless ignition issues 
and will act accordingly as the data is analyzed.

    Question 6. Please describe in detail how you will raise public 
awareness regarding the dangers of keyless ignition systems.
    Answer. NHTSA is working to promote safety through sharing safety 
tips and best practices for consumers regarding keyless ignition 
systems. To educate the public, NHTSA produced educational videos to 
raise awareness and continues to inform consumers about the safety of 
keyless ignition systems. Please see additional details related to 
NHTSA's public campaign at https://www.nhtsa.gov/driver-assistance-
technologies/keyless-ignition-systems.

    Question 7. Please provide detailed information regarding any 
recalls linked to keyless ignition systems.
    Answer. The Office of Vehicle Safety and Compliance (OVSC) has one 
recall involving keyless ignitions in 23,000 vehicles (2013 Ford Focus/
C-Max 13V-475). The recall involved:

  a.  A non-compliance with FMVSS 114, S5.1.3 which requires an audible 
        warning to the vehicle operator whenever the key is in the 
        starting system and the door located closest to the driver's 
        designated seating position is opened.

  b.  During OVSC testing of this vehicle, the keyless code was 
        electronically in the ignition, however, there was no audible 
        chime when the vehicle was operational and the driver's door 
        was opened.

  c.  Following subsequent discussions and testing, Ford submitted its 
        recall notice to NHTSA (Recall #13V-475) on September 30, 2015.

    Question 8. Autonomous Vehicles and NTSB Recommendations: Following 
the fatal collision between a Tesla vehicle operating in ``Autopilot,'' 
and a semitrailer near Williston, Florida on May 7, 2016, NTSB 
investigated the incident and issued four new safety recommendations to 
NHTSA \1\:
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    \1\ https://www.ntsb.gov/safety/safety-recs/recletters/H-17-037-
043.pdf

   H-17-037: Define the data parameters needed to understand 
        the automated vehicle control systems involved in a crash. The 
        parameters must reflect the vehicle's control status and the 
        frequency and duration of control actions to adequately 
        characterize driver and vehicle performance before and during a 
---------------------------------------------------------------------------
        crash.

   H-17-038: Develop a method to verify that manufacturers of 
        vehicles equipped with Level 2 vehicle automation systems 
        incorporate system safeguards that limit the use of automated 
        vehicle control systems to those conditions for which they were 
        designed.

   H-17-039: Use the data parameters defined by the U.S. 
        Department of Transportation in response to Safety 
        Recommendation H-17-37 as a benchmark for new vehicles equipped 
        with automated vehicle control systems so that they capture 
        data that reflect the vehicle's control status and the 
        frequency and duration of control actions needed to adequately 
        characterize driver and vehicle performance before and during a 
        crash; the captured data should be readily available to, at a 
        minimum, National Transportation Safety Board investigators and 
        National Highway Traffic Safety Administration regulators.

   H-17-040: Define a standard format for reporting automated 
        vehicle control systems data, and require manufacturers of 
        vehicles equipped with automated vehicle control systems to 
        report incidents, crashes, and vehicle miles operated with such 
        systems enabled.

    NTSB also reiterated two safety recommendations for NHTSA:

   H-13-030: Develop minimum performance standard for connected 
        vehicle technology for all highway vehicles.

   H-13-031: Once minimum performance standards for connected 
        vehicle technology are developed, require this technology to be 
        installed on all newly manufactured highway vehicles.

    As NTSB communicated to you: ``The NTSB is vitally interested in 
these recommendations because they are designed to prevent accidents 
and save lives.''
    You filed responses to NTSB for all six of these recommendations on 
February 7, 2018. Do you have any updates on any of them?
    Answer. NHTSA appreciates the question and welcomes the opportunity 
to provide updates on these important NTSB safety recommendations:

    H-17-37--Define the data parameters needed to understand the 
automated vehicle control systems involved in a crash. The parameters 
must reflect the vehicle's control status and the frequency and 
duration of control actions to adequately characterize driver and 
vehicle performance before and during a crash.

   NHTSA sent a follow-up letter to SAE International on 
        February 28, 2018, acknowledging the work underway to establish 
        an industry uniform data elements standard for crash 
        reconstruction purposes. NHTSA staff have been participating in 
        this activity. Discussions have involved data elements, trigger 
        events, and similar issues.

   In NHTSA's follow-up letter, the agency emphasized that with 
        testing and deployment growing, their efforts need to be 
        expedited. This work will also help support public acceptance 
        efforts.

   NHTSA is also finalizing the congressional report 
        requirement in the Fixing America's Surface Transportation Act.

    H-2017-38--Develop a method to verify that manufacturers of 
vehicles equipped with Level 2 vehicle automation systems incorporate 
system safeguards that limit the use of automated vehicle control 
systems to those conditions for which they were designed.

   NHTSA continues to actively monitor the development and 
        deployment of lower level automation systems. If the agency 
        suspects an unreasonable safety risk (safety-related defect) in 
        the design or performance of a system, I commit to fully 
        exercising NHTSA's enforcement authority as appropriate. The 
        agency has continually emphasized that public education and 
        training on system functions, capabilities, and limitations to 
        avoid safety risks from abuse and misuse of the spectrum of 
        automation systems is a responsibility held by all. NHTSA is 
        also conducting research observing how drivers engage with 
        production Level 2 systems on short and long drives. Data 
        collection and analyses have been completed, and the agency 
        will make findings available on its website (www.nhtsa.gov), 
        expected by year-end. NHTSA has retooled its website to help 
        with the public's understanding of new vehicle technologies and 
        is working collaboratively with other organizations on this 
        issue.

    H-17-39--Use the data parameters defined by the U.S. Department of 
Transportation in response to Safety Recommendation H-17-37 as a 
benchmark for new vehicles equipped with automated vehicle control 
systems so that they capture data that reflect the vehicle's control 
status and the frequency and duration of control actions needed to 
adequately characterize driver and vehicle performance before and 
during a crash; the captured data should be readily available to, at a 
minimum, National Transportation Safety Board investigators and 
National Highway Traffic Safety Administration regulators.

   See response to H-2017-37, which similarly applies for this 
        recommendation. Additionally, NHTSA continues to direct 
        manufacturers and other entities to participate in the agency's 
        Early Warning Reporting program to assist in identifying safety 
        issues associated with ADSs.

    H-17-40--Define a standard format for reporting automated vehicle 
control systems data, and require manufacturers of vehicles equipped 
with automated vehicle control systems to report incidents, crashes, 
and vehicle miles operated with such systems enabled.

   NHTSA's update for this recommendation is consistent with H-
        17-37. SAE International's research to define the data 
        parameters of EDRs specific to automated technologies is 
        underway, and the Agency is considering the research needed to 
        develop a standard format for reporting such data.

    H-13-30--Develop minimum performance standards for connected 
vehicle technology for all highway vehicles.

   See response for H-13-31, which similarly applies to this 
        recommendation.

    H-13-31--Once minimum performance standards for connected vehicle 
technology are developed, require this technology to be installed on 
all newly manufactured highway vehicles.

   A final NHTSA decision on the proposed rulemaking concerning 
        a ``vehicle-to-vehicle (V2V) communications'' mandate is still 
        pending. The agency, working with its counterparts at the 
        National Telecommunications and Information Administration 
        (NTIA) believes additional research is necessary on 
        interference testing. We are currently planning next steps and 
        will routinely update you on the status of our efforts.

    Question 9. In your response \2\ on H-17-038 to NTSB, filed this 
past February, you wrote that NHTSA has ``no current plans'' to verify 
manufacturers of Level 2 vehicles incorporate system safeguards that 
limit the use of automated vehicle control systems to those conditions 
for which they were designed. Instead, you pointed to voluntary 
guidance NHTSA published last fall for highly automated vehicles, which 
is not even intended for SAE Level 2 vehicles. You requested that this 
be considered a ``Closed-Acceptable Response.'' Do you really think a 
voluntary and unenforceable guidance, which is not even required of SAE 
Level 2 vehicles, is an adequate response to NTSB's recommendation?
---------------------------------------------------------------------------
    \2\ https://www.ntsb.gov/investigations/AccidentReports/_layouts/
ntsb.recsearch/Recommenda
tion.aspx?Rec=H-17-038
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    Answer. I understand and appreciate your concern. In addition to 
the Voluntary Guidance directed at the higher levels of automation, the 
agency's enforcement authority under the Vehicle Safety Act provides 
the ability to take decisive action if an unreasonable risk to safety 
emerges from any level of automation.

    Question 10. Under your tenure as Deputy Administrator, you made 
the industry guidance for AVs even more voluntary and even less 
specific. Given your response to H-17-037 (``The guidance may be 
applied in part to any level of automation.'') and H-17-038, would you 
commit to making sure any future editions of this guidance specifically 
call on SAE Level 2 vehicles to submit Voluntary Safety Self-
Assessments?
    Answer. The changes to develop the Automated Driving System 2.0: A 
Vision for Safety guidance were in direct response to public input and 
comments. NHTSA continues to monitor and be engaged in the development 
and deployment of lower level automation systems. If the Agency 
suspects an unreasonable safety risk (safety-related defect) in the 
design or performance of a system, I commit to fully exercising NHTSA's 
enforcement authority as appropriate.

    Question 11. In your response to NTSB on H-17-038 dated February 7, 
2018, you wrote, ``If NHTSA identifies a safety-related defect trend in 
the design or performance of a system, or identifies through its 
research or otherwise, any incidents in which a system did not perform 
as designed (including Levels LO through LS), it would exercise its 
authority as appropriate.'' \3\ There have now been several crashes 
linked to vehicles operating in autonomous mode in recent months, 
including two separate Tesla vehicles--one in California and another in 
Utah--that have crashed into stopped firetrucks. What safety-related 
defect trends have you found to date? Do you have sufficient staff and 
resources to investigate and follow-up on possible defects?
---------------------------------------------------------------------------
    \3\ https://www.ntsb.gov/investigations/AccidentReports/_layouts/
ntsb.recsearch/Recommenda
tion.aspx?Rec=H-17-038
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    Answer. Given the expertise available through SAE International, 
NHTSA is working closely with this voluntary standards organization to 
develop the appropriate data to collect for incidents involving 
Automated Driving Systems as well as what trigger events are 
appropriate to enable that collection. NHTSA sent a follow-up letter to 
SAE International on February 28, 2018, acknowledging the work underway 
to establish an industry uniform data elements standard for crash 
reconstruction purposes.
    In addition, NHTSA has launched Special Crash Investigations which 
are underway. The findings of these Special Crash Investigations will 
be reported and posted on NHTSA's website when the each of the 
investigations are completed.

    Question 12. NTSB's report on the fatal May 2016 Tesla crash said, 
``Based on data from police-reported crashes, 70 percent of crashes 
involving trucks occurred in scenarios that could potentially be 
addressed by V2V systems . . . The NTSB concludes that connected 
vehicle technology will be most effective when all vehicles traveling 
on our roadways are equipped with the technology, and that is 
particularly important with respect to large, heavy trucks that pose 
the highest risk of injury to occupants of other vehicles.'' Do you 
agree that V2V communications are critical for the safe deployment of 
autonomous vehicles? When do you intend to finalize the V2V rule first 
proposed in January 12, 2017? Will you ensure heavy-duty vehicles will 
also be a part of any rulemaking on V2V?
    Answer. Technology and innovation are key to moving forward with 
automation in motor vehicles and NHTSA is committed to encouraging that 
innovation without hindrance of design limitations. We have not made 
any final decision on the proposed rule concerning a V2V mandate. While 
DOT withdrew or revised 13 rules in 2017, V2V was not one of them, and 
it remains on DOT's significant rulemaking report. DOT hopes to use the 
dedicated spectrum for transportation lifesaving technologies. See 
https://www.nhtsa.gov/press-releases/v2v-statement.

    Question 13. Autonomous Vehicles: In your view, do the self-safety 
assessment reports published by Waymo and General Motors provide NHTSA 
with enough detailed information about each company's products to 
determine whether these automated vehicles are safe and ready for use 
on public roads? If YES, what specific information in these reports did 
NHTSA rely on to evaluate the safety of these vehicles? If NO, what 
other avenues does NHTSA anticipate using to determine that these 
vehicles are safe and ready for use on public roads?
    Answer. The Voluntary Safety Self Assessments are a way for 
companies to explain to the public--not NHTSA--how they are addressing 
safety. NHTSA is involved in routine conversations with these and other 
companies and has tools at its disposal to employ if necessary to 
collect additional information.

    Question 14. Do you believe the voluntary guidelines issued by DOT 
provide NHTSA with the tools it needs to determine whether AVs and AV 
technology can be safely deployed on public roads?
    Answer. NHTSA continues to monitor the development and deployment 
of Automated Driving Systems. If the agency suspects an unreasonable 
safety risk (safety-related defect) in the design or performance of a 
system, I commit to fully exercising NHTSA's enforcement authority as 
appropriate.

    Question 16. Are you concerned about the potential for driver 
distraction and disengagement that occurs with level 2 and level 3 AVs 
as evidence by the Tesla crash that occurred in Florida and the Uber 
fatality involving autonomous vehicles? If so, what steps is NHTSA 
taking to ensure these systems are safe?
    Answer. NHTSA and the Department released Automated Driving Systems 
2.0: A Vision for Safety in September 2017 which included 12 safety 
elements--developed by industry safety experts and through stakeholder 
feedback as paramount in the safe design and implementation of 
automated systems in our vehicles--for entities to consider in 
designing Automated Driving Systems. In addition to incorporating 
safety into the design of the vehicle, ADS 2.0 encourages consumer 
education for ADS to educate consumers on the proper use and their 
responsibility in the driving task. NHTSA is engaged in the testing of 
current production systems as well as those under development, 
participates in demonstrations of technologies and exchanges with ADS 
entities regarding use and functionality, and provides outreach to 
consumers through the NCAP program and the Automation website regarding 
currently available systems. It is important to note that the highest 
automation level publicly available at this time are Level 2 systems. 
In addition to proactive efforts towards safety of systems, if the 
Agency suspects an inherent safety risk (safety-related defect) in the 
design or performance of a system, we are commit to fully exercising 
NHTSA's enforcement authority as appropriate.

    Question 17. Funding for NHTSA: The Administration's budget request 
for DOT includes a $26 million reduction in funding for NHTSA's vehicle 
safety program. Included in this cut is an over 50 percent reduction in 
funding for the agency's enforcement budget which supports NHTSA's 
efforts to identify safety recalls and ensure new vehicles, such as new 
driverless cars, meet Federal safety standards. In addition, the 
agency's rulemaking budget will be cut by nearly $2 million.
    Do you think it is appropriate to cut NHTSA's enforcement budget at 
a time when Americans are facing millions of safety recalls and 
automakers are gearing up to commercialize autonomous vehicles?
    Answer. The President's Fiscal Year (FY) 2019 budget request was 
submitted to Congress prior to Congress passing appropriations for the 
remainder of FY 2018. The FY 2019 President's budget requests $17 
million for the National Highway Traffic Safety Administration's 
(NHTSA) Enforcement activities. I believe the request provides the 
resources needed to address new challenges while maintaining efforts 
that advance NHTSA's core safety mission. The budget will allow NHTSA 
to ensure industry compliance with motor vehicle safety standards, and 
it will enable the Office of Defects Investigation (ODI) to continue to 
expeditiously identifying and investigating safety defects in motor 
vehicles, motor vehicle equipment, child seats, and tires.

    Question 18. Do you think it is appropriate to cut NHTSA's 
rulemaking budget at a time when NHTSA is in breach of many mandated 
deadlines set by Congress in MAP-21 and the FAST Act?
    Answer. The Fiscal Year (FY) 2019 President's Budget requests $21.5 
million for the National Highway Traffic Safety Administration's 
(NHTSA) Office of Rulemaking. This Office is responsible for 
administering the Safety Standard Support Program, New Car Assessment 
Program (NCAP), and the Fuel Economy Program. The budget request does 
not propose to reduce funding for the Safety Standards Support program, 
which is responsible for developing regulations mandated by MAP-21 and 
the FAST Act.

    Question 19. Takata Airbag Recall: What additional consumer 
remedies can automakers provide their customers, to make it easier for 
them to get their vehicle repaired?
    Answer. NHTSA and the Independent Monitor have encouraged 
automakers to consider and address owner inconvenience as an important 
part of motivating vehicle owners to have the Takata repair performed. 
There are many steps automakers can and are taking to make it easier 
for consumers to have their vehicles repaired. These include providing 
simple methods to schedule a repair appointment; free towing to the 
dealership; ``front of the line,'' overnight, weekend, and other 
extended hours of service; loaner or rental vehicles; free taxi or car 
service rides; and mobile repair services at a location other than a 
dealership. It is also important that automakers prominently feature 
those services that they provide to reduce inconvenience in their 
outreach. The Independent Monitor's research found that many vehicle 
owners were unaware of the services provided, and that knowing of the 
services would have made it more likely for an owner to have the repair 
performed sooner. Additional information regarding these issues is 
available in the Independent Monitor's November 2017 report, which 
NHTSA has made available on its website at www.nhtsa.gov/takata.

    Question 20. During your confirmation hearing, Ranking Member 
Nelson asked you to commit to making public automakers' plans to fix 
faulty airbags. In the exchange that followed, you expressed concern 
about releasing confidential business information.
    Please explain exactly what kind of information contained within an 
automaker's plan to fix faulty airbags might be deemed confidential. 
Why can't this information just be redacted? If you were to disagree 
with an automaker's designation of certain information as CBI or trade 
secret, would you object? How?
    Answer. I commit to asking each automaker affected by the Takata 
recalls to provide a public plan regarding the specific steps it will 
take to improve its recall completion rates, which NHTSA will post on 
its website. I share your commitment to transparency and NHTSA has made 
efforts to provide extensive information on these recalls on its 
website at www.nhtsa.gov/takata.
    NHTSA's regulation at 49 C.F.R. Part 512 defines confidential 
business information to include information that is not customarily 
released to the public by the person from whom the information was 
obtained, in addition to information that is likely to cause 
substantial competitive harm or that is a trade secret. When an 
automaker claims that information is confidential, NHTSA evaluates 
those claims according to the standards of our regulation. NHTSA's 
Office of Chief Counsel handles determinations on claims of 
confidential treatment and I entrust that Office with evaluating 
whether such claims are appropriate or not. Until the agency decides on 
a claim of confidentiality, NHTSA is obligated to treat the information 
as confidential. If the agency disagrees with an automaker's claim of 
confidentiality, it generally must follow an administrative process 
that involves a determination in writing and an opportunity for the 
automaker to petition for reconsideration.
    As for automakers' plans to fix defective air bags, the types of 
information that automakers might claim as confidential could include 
information on vendors and suppliers that they use to perform certain 
tasks related to their recall outreach, pricing information, or other 
detailed information that an automaker would not customarily release to 
the public. An automaker that claims certain information it submits to 
the agency is confidential must submit a redacted copy of the 
submission, in addition to the complete, unredacted copy.

    Question 21. CAFE Standards: The recently leaked joint NHTSA-EPA 
draft proposal for fuel economy and vehicle emissions standards shows 
that both agencies intend to freeze the existing standards through MY 
2025. The preferred approach outlined in the document proposes zero 
percent increases in standards from MY 2020-2025, which would increase 
oil consumption by hundreds of billions of gallons through 2050. Even 
less dramatic rollbacks in CAFE would increase U.S. dependence on oil. 
Do you support this proposal for zero or only slight progress through 
the next decade?
    Answer. The law requires NHTSA to undertake a de novo rulemaking to 
set CAFE standards for MYs 2022-2025. I intend to ensure that the 
agency follows the Administrative Procedure Act in that rulemaking 
process and base our proposal and final decision on the best 
information and analysis available. The precise contours of the 
proposal are still under deliberation. We look forward to issuing that 
proposal as soon as possible.

    Question 22. The leaked NPRM threatens state and local authority by 
saying ``states may not adopt or enforce tailpipe greenhouse gas 
emissions standards when such standards relate to fuel economy 
standards and are therefore preempted under EPCA [the Energy Policy and 
Conservation Act], regardless of whether EPA granted any waivers under 
the Clean Air Act.'' District courts have already upheld California's 
authority to regulate greenhouse gas emissions from vehicles under the 
Clean Air Act. If this draft proposal moves forward, NHTSA will be 
illegally trying to preempt this state authority. Do you support this 
proposal to preempt state authority?
    Answer. The precise contours of the proposal are still under 
deliberation, and we look forward to issuing that proposal as soon as 
possible.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Edward Markey to 
                               Heidi King
    Question 1. Energy Conservation and Oil Use: As the Administrator 
for the National Highway Traffic Safety Administration, you would be 
responsible for establishing and enforcing the fuel economy standards 
for our Nation's vehicles. The 1975 Energy Policy and Conservation Act, 
which first enacted the fuel economy standards, specifies that in 
deciding the maximum feasible average fuel economy, your agency needs 
to balance four considerations, one of which is ``the need of the 
United States to conserve energy.'' We still import nearly 3.5 million 
barrels of oil every day. We import more than 2.5 million from OPEC 
nations like Saudi Arabia, Iraq and Nigeria.

  a.  Deputy Administrator King, is the need to conserve energy still a 
        key issue for the United States?

  b.  Will you commit that any fuel economy plan officially put forth 
        by NHTSA prioritizes our national need to conserve energy--to 
        reduce our consumption of oil by setting the maximum feasible 
        standards as required by the law, yes or no?

  c.  Will you commit that any such plan put forward by NHTSA will not 
        disregard this statutorily-required priority as a 
        consideration?

    Answer. The overarching purpose of EPCA is energy conservation, and 
NHTSA will absolutely consider the need of the U.S. to conserve energy 
as part of its forthcoming proposal, along with the other statutory 
factors we consider in determining maximum feasible CAFE standards.

    Question 2. The standards on the books now will reduce our oil 
consumption by 2.5 million barrels per day by 2030. But reports 
indicate that the Trump Administration proposal aims to freeze the 
standards at the 2020 level. Regardless of these reports or the current 
status of the proposal, a plateau of standards at the 2020 level would 
have serious consequences for American oil use, greenhouse gas 
emissions, and costs to consumers.

  d.  Deputy Administrator King, would freezing the standards at the 
        2020 level--a sales-weighted average of around 37 mpg--lead to 
        more or less oil consumption than if we kept the standards at 
        their current trajectory?

  e.  Would freezing standards at the 2020 level mean consumers will 
        spend more or less money to purchase gasoline than if we kept 
        the current fuel economy emissions standards in place?

  f.  In your opinion, would freezing standards at the 2020 level be 
        consistent with the statutory mandate to develop ``maximum 
        feasible'' standards, especially considering the innovative 
        nature of American manufacturing?

  g.  What is your definition of ``maximum feasible,'' as set out in 
        the statute?

    Answer. NHTSA and EPA are working towards a Notice of Proposed 
Rulemaking that will include an analysis of the impact of proposed 
options. The Regulatory Impact Analysis accompanying the proposed rule 
will address changes in oil consumption, changes in fuel consumption, 
and other impacts of each of the options considered. The analysis will 
be available for public comment in order to ensure that the best 
possible information is used to support the final rulemaking.
    EPCA requires that the standards be set at a level that is maximum 
feasible, specifying specific factors that must be considered. NHTSA 
will seek public comment in the upcoming proposal as the agencies 
prepare to set standards that are maximum feasible consistent with the 
statute, that consider the four factors laid out in the statute, and 
that are based on an evaluation and weighing of the best available 
information.

    Question 3. Auto manufacturers have expressed concern over the fuel 
economy standards and their cost to the industry. However, we have 
heard these concerns before. In 2007, Susan Cischke of Ford Motor 
Company said, ``We don't even know how to reach [35 miles per gallon by 
2020], not in a viable way. [It] would break the industry.''

  h.  Are there vehicles that are currently on the market that achieve 
        the goal of 35 mpg?

  i.  Since the fuel economy standards were established in 2012, have 
        auto manufacturers had any years of record vehicle sales? If 
        so, how many and when?

  j.  Since the fuel economy standards were established in 2012, how 
        many jobs have been added in the auto industry?

    Answer. Yes, there are vehicles currently on the market with a mpg 
of higher than 35 mpg. Vehicle sales are influenced by numerous 
factors, including broad economic conditions such as employment and 
income levels, as well as new approaches to financing, and low fuel 
prices, as well as other factors.

    Question 4. California Waiver Preemption: Massachusetts is one of 
the 12 states that have adopted California's strong vehicle greenhouse 
gas emissions standards, which it depends upon to protect the climate 
and clean air. California has been issued a waiver under the Clean Air 
Act that allows it to keep its own vehicle greenhouse gas emissions 
standards. More than 100 waivers for vehicles emissions have been 
issued to California and none have ever been revoked. The draft 
proposal purportedly asserts that, ``States may not adopt or enforce 
tailpipe greenhouse gas emissions standards when such standards relate 
to fuel economy standards and are therefore preempted under EPCA [the 
Energy Policy and Conservation Act], regardless of whether EPA granted 
any waivers under the Clean Air Act (CAA).''

  k.  Deputy Administrator King, do you think that the Energy Policy 
        and Conservation Act preempts the California waiver for vehicle 
        greenhouse gas emissions under the Clean Air Act, yes or no?

  l.   Are you aware that the argument that EPCA preempts CAA waivers 
        was rejected in multiple court decisions in 2007?

  m.  Does the EPA or NHTSA have the authority to regulate greenhouse 
        gas emissions?

    Answer. EPCA's preemption provision applies to state standards 
related to fuel economy.
    NHTSA believes that the 2007 court decisions you reference applied 
to EPCA preemption of state standards that had been granted a waiver 
under the CAA.
    EPA's Endangerment Finding for Greenhouse Gas Emissions trigger an 
obligation for EPA to set standards for GHG emissions from motor 
vehicles. NHTSA's authority to set fuel economy standards effectively 
results in NHTSA also regulating carbon dioxide emissions from those 
vehicles, because fuel economy standards necessarily affect carbon 
dioxide emissions due to the chemical nature of combustion. For this 
reason, NHTSA and EPA are coordinating closely in developing a joint 
rulemaking related to automotive fuel economy and emissions.

    Question 5. Climate Change: A report released by the Trump 
administration last November found that it is extremely likely that 
human activity, particularly the emissions of greenhouse gases, is the 
dominant cause of observed warming since the mid-20th century. The 
production of this report was overseen by 13 different agencies, 
including the Department of Transportation.

  n.  While I acknowledge that you are not a climate scientist by 
        training, as you said to Sen. Hassan during your nomination 
        hearing, do you agree with the findings of this report that the 
        consensus of scientific research shows humans are the dominant 
        cause of climate change, yes or no?

  o.  Do you agree that climate change contributes to the increasing 
        severity of extreme weather events, including droughts and 
        floods, yes or no?

    Answer. I will, if confirmed, continue to execute the statutory 
requirements of the agency in a science-and data-driven manner. As an 
automotive and traffic safety regulator, you have my commitment to be 
thoughtful and transparent in all agency actions. Where it is necessary 
for us to consider climate impacts, I will do so, relying on the expert 
engineers, attorneys, scientists and others. Thank you for highlighting 
the report above. In 2009, the EPA published an endangerment finding 
related to CO2 and I have no scientific information 
suggesting that I should dispute that action.

    Question 6. Civil Penalties for Noncompliance: On March 27, 2018, 
NHTSA issued a notice of proposed rulemaking that aimed to freeze the 
penalty rate for manufacturers that fail to meet the Corporate Average 
Fuel Economy (CAFE) standards at $5.50, preventing them from rising to 
$14 for Model Year 2019 vehicles as scheduled. Manufacturers have to 
pay this fine for every tenth of a mile per gallon by which the 
standards are missed.

  p.  How did NHTSA make the determination to propose freezing the 
        monetary civil penalties?

  q.  What was your personal involvement in NHTSA's determination to 
        propose freezing the penalties?

    Answer. NHTSA issued its proposal to retain the $5.50 rate for CAFE 
civil penalties based on an evaluation of the available information 
following its request for comments on this issue in July 2017, which 
was the first time the agency sought public comment on the issue. Part 
of this consideration was based on an evaluation of the relevant 
statutes and a tentative legal determination that the CAFE penalty rate 
is not a ``civil monetary penalty'' subject to inflationary adjustment 
under the Federal Civil Penalties Inflation Adjustment Act Improvements 
Act of 2015. NHTSA has not yet made a final determination on the CAFE 
penalty rate, which is currently under consideration.
    My personal involvement was to approve the tentative determination 
and the issuance of the agency's proposal to obtain relevant views and 
information from the public. I signed the notice of proposed rulemaking 
as NHTSA's Deputy Administrator.

    Question 7. Early Warning Reporting Systems: Automobile defects 
must first be identified before they can be remediated. That's why, in 
2000, I worked with Congressman Henry Waxman and my other colleagues to 
create the Early Warning Reporting--EWR--System, which requires NHTSA 
to publish information in which a potential defect could have caused a 
fatality or serious injury. With this information, independent 
automobile safety experts, and the public could identify and report 
potential defects. And while EWR has helped save lives, we should still 
make several important improvements to ensure the EWR is performing its 
life saving function, like updating NHTSA's online database and 
requiring equipment manufacturers to automatically submit the accident 
report or other documents to NHTSA.

  a.  Deputy Administrator King, will you work with us on making these 
        much needed improvements to the EWR System?

    Answer. NHTSA's Office of Defects Investigation (ODI) continues to 
analyze the large volumes of EWR information that comes from about 1000 
companies required to file data. These analyses identify potential 
defect trends and issues that can be used in recently developed risk-
based processes to open investigations. ODI has been meeting with 
manufacturers to ensure they are meeting their report requirements and 
determining possible improvements to EWR data to be responsive to new 
technology and methods of analysis. These discussions are ongoing. 
NHTSA is enhancing and modernizing ODI's data repository and analysis 
system (Artemis) to include more automated uploading of information by 
manufacturers, the ability to link and analyze more data as well as 
conduct pre-investigative and investigative activities more efficiently 
and effectively.

    Question 8. Seatback Safety: The safest way to transport children 
is in the backseat of a car, unless the front seats are so weak that 
they collapse during a rear end collision, endangering occupants in the 
second row. Regrettably, the Center for Auto Safety estimates the seat 
safety defect leads to the death of at least 50 children per year. 
Despite this, NHTSA has not updated its seat safety standards for 50 
years.

  a.  Deputy Administrator King, will you commit to updating seat 
        safety standards to prevent such tragedies from reoccurring?

    Answer. NHTSA is evaluating all options to address seatback safety 
for rear end collisions. The agency is also working to improve side and 
frontal impact protection for child restraint systems through two 
different statutorily required rulemakings in 2018.

    Question 9. Rulemaking Statutory Deadlines: For decades, Congress 
has worked on a bipartisan basis to enact laws to improve automobile 
safety and reduce vehicle-related fatalities. Unfortunately, over the 
past few years, NHTSA has missed several key statutory deadlines for 
the development of these rules. These acts of Congress cannot have 
their life-saving impact if they are not actually implemented.

  a.  If confirmed, will you commit to clearing the backlog of 
        statutorily required yet incomplete rulemakings within 2 years?

  b.  Will you commit to complete all future statutorily required 
        rulemakings within their deadlines?

    Answer. Safety is the U.S. Department of Transportation's top 
priority. I am committed to safety and the agency will continue its 
focus to complete of all statutorily required rulemakings through the 
regulatory process.

    Question 10. Automotive Recyclers (Takata): While the deaths 
attributable to the Takata defect continue to rise, millions of 
defective and highly volatile Takata air bags remain on our Nation's 
roads, putting the driving public in danger. As of the third quarter of 
2017, less than half of the 50 million defective Takata air bags 
currently under recall have been repaired. And an additional 19 to 24 
million additional air bags are scheduled to be added to the recall as 
they reach a state of instability. That is unacceptable. Simply put--we 
have far too many Takata airbags on the roads, years after national 
recalls began. For completion rates to improve, automobile manufactures 
should provide important information--including VINs, part names, part 
descriptions, part numbers, serial numbers, and VIN completion status--
to automotive recyclers and repair shops.

  a.  If confirmed, will you work to ensure such information is 
        available?

    Answer. Yes, if confirmed I will continue to work to facilitate 
information sharing and partnerships to identify and remove defective 
Takata air bags from the stream of commerce, and to reach affected 
vehicle owners. The automotive recycling industry and independent 
repair facilities are critical players in making the Takata recalls a 
success. NHTSA and the Independent Monitor have encouraged the affected 
automakers to work with these groups as part of their recall 
strategies, as described in greater detail in the Independent Monitor's 
November 2017 report, which is available on NHTSA's website at 
www.nhtsa.gov/takata.
    Specifically, NHTSA has been working with the automakers involved 
in the Takata recalls and the automotive recycling industry to 
facilitate information sharing to identify recalled parts and ensure 
they are not sold in violation of law. In April 2016, the Independent 
Monitor recommended that automakers employ salvage recovery services to 
retrieve scrapped or salvaged inflators. This recommendation included 
providing identifying information, including VINs, to these vendors. 
The Independent Monitor and NHTSA have continued to assist automakers 
in understanding the importance of addressing salvage parts as a part 
of their recall strategy. Over time an increasing number of automakers 
have engaged with salvage recovery service to collect defective 
inflators.
    NHTSA has also encouraged automakers to work with independent 
repair facilities on the Takata recalls. The Independent Monitor's 
April 2016 recommendations encouraged automakers to engage with third 
parties, including independent repair facilities to conduct outreach. 
Since many vehicle owners bring their vehicles to independent repair 
facilities for service, they are an effective touchpoint to reach 
owners with an open Takata recall. This has proven to be a success in 
helping to increase recall completion rates, as described in the 
Independent Monitor's report. NHTSA and the Independent Monitor have 
continued to engage with the automakers on this topic, including 
addressing the issue at multiple automaker summits.
    As of March 30, 2018, 22.9 million airbags have been replaced.
                                 ______
                                 
     Response to Written Questions Submitted by Hon. Tom Udall to 
                               Heidi King
    Question 1. Where do you think we stand in the fight on drunk 
driving? Do you have a plan in place to address the increase in 
fatalities?
    Answer. NHTSA has made significant progress in reducing drunk 
driving deaths, but with 10,497 deaths in 2016 involving a driver above 
the legal blood alcohol level, this remains one of the most serious 
traffic safety problems and much work still needs to be done.
    Experience has shown that a comprehensive approach is the most 
effective means for addressing drunk driving. The agency is conducting 
research and developing programs to assist states in addressing risks 
ranging from underage drinking to binge drinkers and hard-core repeat 
offenders. Approaches to change behavior include strong laws, such as 
all-offender ignition interlock laws, and highly visible law 
enforcement. NHTSA provides training for police officers and 
prosecutors to strengthen arrest and courtroom procedures and education 
for judges regarding sentencing alternatives.
    The agency provides technical assistance for states that are 
establishing DUI Courts to rehabilitate the most serious offenders and 
sponsors two national impaired driving media campaigns each year to 
deter motorists from making a bad decision to drive after drinking.
    NHTSA administers an Impaired Driving Grant Program to provide 
resources for state programs and is working with the automotive 
industry on innovative technology that could be deployed in a voluntary 
market-driven manner to prevent drivers who are above the legal limit 
from driving their vehicle.
    NHTSA is also launching an initiative to address the emerging 
problem of drug-impaired driving. Studies show that drug use can 
seriously affect driving, especially when used in combination with 
alcohol. In coming months, we will conduct a series of regional 
meetings to assess the problem and identify successful practices, and 
gather national experts to identify approaches for strengthening 
criminal justice processes and improving data systems.

    Question 2. My state of New Mexico is a leader when it comes to 
implementing a robust ignition interlock program. What needs to be done 
to get more states to implement forward thinking programs like we do in 
New Mexico?
    Answer. New Mexico has long been a leader in drunk driving programs 
and was the first state to enact an ignition interlock law that covers 
all offenders. More than 25 others have since followed the state's 
example. NHTSA is pursuing several approaches to encourage more states 
to expand their use of ignition interlocks for convicted drunk driving 
offenders. Incentive programs have shown success in encouraging states 
to consider effective new strategies, and the agency administers the 
Congressionally-authorized Ignition Interlock Incentive Grant Program 
that rewards states that enact an all-offender interlock law meeting 
certain basic criteria. NHTSA also provides training and technical 
assistance for states to implement such laws and realize their full 
effectiveness.

    Question 3. I would like to talk with you about the advanced 
alcohol detection system research project known as DADSS. This project 
was conceived in my state at a MADD conference in 2006 and my 
legislation, the ROADS SAFE Act, authorized and funded it. I was 
pleased to have broad support for my bill, including from elements of 
the alcohol industry. I was also proud to participate in an event about 
the progress of the program nearly three years ago at DOT headquarters. 
There was a great deal of enthusiasm and hope that day about the 
possibility of having a system available in vehicles that could save up 
to 7000 lives a year. My concern now is that after about a decade of 
work, we do not seem to be seeing as much progress as many of the 
program supporters anticipated. I hope that you have taken a detailed 
look at the program and that you will make its success one of your 
priorities.
    Have you visited the DADSS facilities?
    Answer. Unfortunately, I have not yet had the opportunity to visit 
one of the facilities. I hope to visit in the near future.

    Question 4. What can you tell us about the current status, 
particularly deployment of a robust field test program?
    Answer. There are two field trials underway. The first involves a 
total of forty vehicles, of which five have been currently built up. 
Data collection will start for this trial once any required Paperwork 
Reduction Act approval is obtained. On a related note, NHTSA already 
has one vehicle deployed in Virginia that is collecting data, and has 
four more planned for deployment in in mid-June.

    Question 5. Will you commit to working with me as we work on the 
reauthorization and funding of this program?
    Answer. Yes.

    Question 6. Does the agency have sufficient resources to accelerate 
the program?
    Answer. Yes, the agency has already accelerated the program and is 
now investigating issues related to deployment.

    Question 7. In this regard, could we see more financial support 
from the auto industry to help accelerate development and deployment? I 
should note that the auto industry contributes substantially less in 
terms of actual dollars to the program than the original agreement 
which is down from the 50-50 split at the start of the program.
    Answer. While the split that you mentioned is down, the auto 
industry has been financially supporting other efforts related to the 
program, such as the IP issues associated with some of the technologies 
being developed. Similarly, the majority of the vehicles being used in 
the field operational trial are donated by the OEMs.

    Question 8. Autonomous Vehicles: Do the self-safety assessment 
reports published by Waymo and General Motors provide NHTSA with enough 
detailed information about each company's products to determine whether 
these automated vehicles are safe and ready for use on public roads?
    Answer. The Voluntary Safety Self Assessments are a way for 
companies to explain to the public--not NHTSA--how they are addressing 
safety. NHTSA is involved in routine conversations with these and other 
companies and has tools at its disposal to employ if necessary to 
collect additional information.

    Question 9. If yes, what specific information in these reports did 
NHTSA rely on to evaluate the safety of these vehicles?
    If not, what other avenues does NHTSA anticipate using to determine 
that these vehicles are safe and ready for use on public roads?
    Answer. NHTSA does not pre-certify or approve vehicles, it sets and 
enforces Federal motor vehicle safety standards. If there is an 
unreasonable risk to motor vehicle safety, we also pursue defect 
investigations. For Automated Driving Systems, NHTSA released final 
guidance in September 2017 to further support their safe testing and 
deployment.

    Question 10. I am concerned about the proposed cuts to the NHTSA 
budget and the increased demands on the agency. Do you believe that 
NHTSA is ready for the increased demands necessary for the safe 
deployment of autonomous vehicles on our Nation's roads?
    Answer. Yes. NHTSA experienced significant increases in FY 17 and 
18 that have greatly helped accelerate the work needed to continue 
supporting the safe testing and deployment of Automated Driving 
Systems.
                                 ______
                                 
  Response to Written Questions Submitted by Hon. Tammy Duckworth to 
                               Heidi King
    Question 1. As you know, the Administration's budget request for 
USDOT includes a $26 million reduction in funding for NHTSA's vehicle 
safety program that cuts in half the agency's enforcement budget, 
including NHTSA's efforts to identify safety recalls even though 680 
million vehicles have been subject to a safety recall over the past 20 
years. The President's budget also cuts nearly $2 million from NHTSA's 
rulemaking budget. Please explain why it makes sense to cut NHTSA's 
rulemaking budget when the agency is behind schedule in issuing safety 
rulemakings directed by Congress that enhance safety for the traveling 
passengers?
    Answer. The Fiscal Year (FY) 2019 President's Budget requests $21.5 
million for NHTSA's Office of Rulemaking. This Office is responsible 
for administering the Safety Standards Support Program, New Car 
Assessment Program (NCAP), and the Fuel Economy Program. The budget 
request does not propose to reduce funding for the Safety Standards 
Support program, which is responsible for developing regulations 
mandated by MAP-21 and the FAST Act.

    Question 2. Do you concur with the NTSB's recommendation that NHTSA 
define the data needed to understand the performance of autonomous 
vehicle (AV) control systems involved in a crash and develop a standard 
format for the reporting of data generated by AVs? What actions has 
NHTSA considered in response to NTSB's recommendations on AV vehicle 
data?
    Answer. As there are currently no Automated Driving Systems on the 
road for sale to the public, NHTSA is focusing its efforts towards work 
with SAE International to develop standards rather than initiating 
regulatory activities. The agency will continue collaborating with SAE 
to accelerate their work on data elements to help reconstruct the 
events surrounding a crash of a vehicle equipped with an Automated 
Driving System.

    Question 3. In MAP-21, Congress directed NHTSA to issue regulations 
requiring rear seat belt reminders in all new motor vehicles by October 
2015, but the agency has yet to issue a Notice of Proposed Rulemaking 
(NPRM). Will NHTSA meet its most recent deadline for issuing a NPRM in 
October 2018?
    Answer. The agency is currently drafting the NPRM and through the 
regulatory process, plans to publish the notice in October 2018.

    Question 4. Also included in MAP-21, Congress directed NHTSA to 
issue a final rule to improve the ease of use of Lower Anchors and 
Tethers for Children (LATCH) systems in rear seating positions by 
October 2015, but the agency has yet to meet this deadline. Please 
provide an update on the status of this rulemaking. Will NHTSA complete 
this rulemaking within the next 12 months?
    Answer. NHTSA initiated a rulemaking in February 2012 to improve on 
the usability of child restraint anchorage systems. An NPRM was issued 
by the agency on January 23, 2015, to address the provision in Section 
31502 of MAP-21 to improve the ease-of-use of child restraint anchorage 
systems in all rear seating positions. The agency is currently 
evaluating comments to determine next steps.

    Question 5. In 2015, NHTSA granted a petition for rulemaking to 
require Automatic Emergency Braking (AEB) on commercial motor vehicles 
above 10,000 pounds, yet NHTSA has still not undertaken any regulatory 
actions. Please provide an update on NHTSA's work in this area. By what 
date will NHTSA issue a proposed rule?
    Answer. NHTSA continues its research and field operational tests 
for heavy vehicle AEB. The agency has been evaluating the technology to 
determine the appropriate test procedures, costs, and benefits. NHTSA 
researched early systems from 2013-2016, and is currently studying next 
generation technology through a naturalistic study using a field 
operation test. NHTSA expects to complete the critical field operation 
testing in 12--18 months from now. This research and other information 
will help inform an agency decision on next steps.

    Question 6. In a recent op-ed, EPA Administrator Scott Pruitt 
argued that fuel economy and greenhouse gas standards are pushing jobs 
out of the country. Do you agree?
    Answer. Numerous studies find that regulations can change the cost 
of production and can result in a shift in manufacturing employment. 
These potential shifts are discussed in many Regulatory Impact Analyses 
produced by the EPA and other Federal agencies as well as in academic 
studies.
                                 ______
                                 
Response to Written Questions Submitted by Hon. Catherine Cortez Masto 
                             to Heidi King
    Question 1. NHTSA's New Car Assessment Program: One NHTSA program 
of interest is NCAP, the agency's New Car Assessment Program that 
provides consumers with comparative information on vehicle safety 
performance and new safety features.
    Given the activity surrounding autonomous vehicles, with 
manufacturers, technology, and ridesharing entities all rushing towards 
fully autonomous vehicles (L5), how do you foresee NCAP evolving to 
keep pace with the introduction of new safety features?
    Answer. NHTSA plans to renew our dialogue with the public this year 
to further inform NHTSA and help shape NCAP's future. The agency is 
confident that the results of this process will enable NHTSA to respond 
to the unprecedented technology advances in the market.

    Question 2. How will a modernized NCAP address crash avoidance and 
crashworthiness, and is there a role for increasing consumer education 
to ensure these safety improvements are captured?
    Answer. Although it is difficult to predict specific market 
direction, the agency is confident that its planned process for public 
engagement will inform and enable NHTSA's action to leverage the best 
and appropriate safety information for crashworthiness and crash 
avoidance. NHTSA believes there's a great opportunity and role for NCAP 
to continue its consumer education efforts on the safety of vehicles 
with advanced technologies.

    Question 3. If confirmed, can you give us complete confidence that 
you will sanction the timeline for the U.S. NCAP, such that as a nation 
strongly interested in safety, we don't fall behind the EuroNCAP 
confirmed for 2020?
    Answer. Yes, I will endeavor to make U.S. NCAP the leading 
governmental safety assessment.

    Question 4. If confirmed as Administrator, do you plan to update 
U.S. NCAP and begin rule making?
    Answer. Yes.

    Question 5. If so, what is the anticipated timeline for this 
process and implementation?
    Answer. NHTSA is working to launch a plan of action later this 
year.

    Question 6. As the Acting Administrator, what have you done to 
advance U.S. NCAP and further safety in U.S.?
    Answer. The agency has continued its testing and has communicated 
safety ratings information for more than 85 percent of new cars and 
trucks sold in the U.S. last year. In the Model Year 2018 vehicle fleet 
assessment, NHTSA added two crash avoidance technologies to NCAP: (1) 
crash imminent braking, and (2) dynamic brake support technologies.

    Question 7. Do you have any concerns that we are falling behind 
other nations?
    Answer. No. American companies are among the world leaders in 
introducing innovative safety technologies and developing new ones.

    Question 8. As a former economist, do you think there are potential 
U.S. trade implications for not adopting the U.S. NCAP by 2019?
    Answer. No. American companies are among the world leaders in 
introducing innovative safety technologies and developing new ones.

    Question 9. What about 2020?
    Answer. NHTSA will continue to build upon the progress we make in 
2019. Working to make U.S. NCAP a world leader on safety is a focus and 
priority of mine.

    Question 10. In one word, would you support NCAP implementation by 
2020?
    Answer. Yes.

    Question 11. Technology and the Necessary Guardrails: Obviously 
we're in an innovation age where many technological developments are 
driving economic expansion and can help society in a variety of ways.
    I wanted to ask from your perspective, whether you agree with many 
of us on the Commerce Committee that there are needed guardrails within 
these technologies that will have to be put in place for various 
elements like higher levels of safety, cyber security, privacy, 
wouldn't you agree?
    I ask because Nevada is at the forefront of these technologies, 
that's why I'm working to continue to lead an Innovation State 
initiative.
    Answer. NHTSA is deeply committed to ensure the safe testing and 
deployment of motor vehicles equipped with automated driving systems. 
The agency will continue its public proceedings, including meetings, 
workshops, forums and comment periods to help set the appropriate 
pathway for automated driving systems in the United States.

    Question 12. As we're looking at legislation in the Congress, do 
you believe these needed guardrails must be considered and addressed?
    Answer. Safety is the U.S. Department of Transportation's top 
priority. It is important that we continue to listen to all 
stakeholders as this technology continues to develop. Based on the 
input we receive from our continued public outreach processes, NHTSA 
must continue to assure safety while also allowing for the deployment 
of innovative safety technologies.

    Question 13. What specifically is your, and NHTSA's perspective on 
whether the current Senate AV Start bill requires sufficient 
transparency, disclosure, and oversight to enable the technology, and 
your agency, to carry each's mission of improving traffic safety?
    Answer. NHTSA will continue its engagement with Congress to address 
technical issues related to any legislation, including AV START. I am 
strongly committed to ensuring that the agency and Congress maintain 
open communication regarding this and other legislation.

    Question 14. Smart Transportation Technology--Moving FIRST Act: An 
innovation that is exciting and being developed and broadened in Nevada 
is the idea of smart communities, where we can be developing and 
employing incredible technologies that help us safe lives, and improve 
the efficiency and quality of life of our residents. Smart communities 
is something I'm active on in the Senate, leading the bipartisan Moving 
FIRST Act, to provide a Federal partnership in efforts broader than 
just autonomous vehicles.
    Can you speak to what the administration is currently doing, and 
you will plan to do if confirmed, in this area of smart transportation 
technology?
    Answer. Smart communities involve a coordinated effort among all 
modes of transportation to focus on the safe and efficient movement of 
people and goods. Incorporating interconnected technologies into our 
infrastructure and vehicles provides opportunities to reduce 
congestion, minimize traffic crashes, provide rapid transition across 
transportation modes, and connecting individuals with the movement of 
transport and goods. The Department has been proactive in encouraging 
smart growth in our communities and I will continue to work with other 
DOT modes including the Federal Highway Administration and the Federal 
Transit Administration to ensure we are moving in the same direction 
and optimizing opportunities.
                                 ______
                                 
     Response to Written Questions Submitted by Hon. Jon Tester to 
                               Heidi King
    Question 1. Status of Low-Volume Vehicle Manufacturers Regulatory 
Guidelines: The FAST Act of 2015 directed NHTSA and EPA to issue by 
December 2016 regulatory guidelines that would allow certain vehicle 
manufacturers to produce annually a small number of replica classic 
cars.
    Why has NHTSA not issued the called-for guidelines?
    Answer. I assure you that this enabling regulation is a top 
priority of mine. Adhering to the regulatory process, NHTSA is 
finalizing its proposal that meets the FAST Act directive on replica 
cars.

    Question 2. When will NHTSA issue the guidelines?
    Answer. NHTSA is finalizing the NPRM to address replica vehicles 
and working to publish the Notice in the Federal Register in May 2018.

    Question 3. Given that it is 18 months since the mandated deadline 
for the guidelines, would NHTSA consider issuing an interim rule 
allowing companies to register and begin production immediately while 
the agency works on a rule?
    Answer. An interim final rule would require a ``good cause'' 
exception from the notice and comment requirements of the 
Administrative Procedure Act. NHTSA is drafting the Notice of Proposed 
Rulemaking (NPRM) to address replica vehicles, and working to publish 
the Notice in the Federal Register in May 2018. The timing and content 
of a final rule will be determined following the public comment process 
of the NPRM.`