Nominations of Doyle, Foley, Negatu, Pappas, Thanhauser for U.S. ITC Member

Committee will come to order. Before us today are five bipartisan individuals nominated to serve as commissioners at the US International Trade Commission, known as the ITC. They are David Foley, Junior of Virginia, a Republican nominee. Brett Doyle of Connecticut, also a Republican nominee. Peter Anthony Pappas of New Jersey, our final Republican nominee. Bart Tannhauser of New York, a Democratic nominee. And finally, Samuel Negatu of the District of Columbia, a Democratic nominee. I want to thank all of you for appearing today. The important work of the ITC requires the full complement of commissioners, which we haven't had for a long time, and we are hoping to solve that, take a big step towards solving that today. The important work of the International Trade Commission requires the full complement of its commissioners. Filling these positions is long overdue. The ITC serves a unique role as an independent, non-partisan, quasi-judicial federal agency. Specifically, the commission has three key trade-related missions. First, the ITC is central to trade enforcement. The commission's import, injury, and unfair import investigations protect domestic industry by ensuring a level playing field. Second, the ITC provides Congress and the administration with independent high-quality economic analysis of trade issues, including tariffs, competitiveness, and the impacts of international trade agreements. Third, the ITC maintains the harmonized tariff schedule of the United States, which is critical to facilitating lawful trade and ensuring enforcement of customs duties. It's important to note that the ITC would be unable to meet this vital mission without its incredibly dedicated and deeply knowledgeable career staff, who continue to navigate sustained high levels of investigations. A full slate of commissioners will further support the ITC's mission. And again, I want to thank all of our nominees for their time today and for their willingness to commit to this important service. Senator Wyden is not here at the moment. He's has another engagement that is going to slow him down for ten, fifteen, twenty minutes. And um he's agreed that we could go ahead without him. So we will proceed. We have a number of introducers and a number of witnesses today. When Senator Wyden does arrive, I will see whether he wants to make his opening statement at that time or whether he wants to wait until other statements are finished, before we proceed. On a housekeeping note, today's hearing order will go as follows. First, I have four obligatory questions that we ask of all nominees appearing before the Senate Finance Committee. We will then proceed to the introduction of the nominees and their opening statements. That will be a number of introductions and a number of opening statements. I will then recognize Ranking Member Wyden to deliver his r- opening remarks whenever he chooses to do so if he happens to get th- here in the middle of that process. With that, I'm going to turn to the four obligatory questions. I ask that each of you provide a yes or no answer. You can just go right down the row and answer these questions. And, uh, uh, what I'm going to do is essentially ask the question and then each of you can can respond. Is there anything that you are aware of in your background that might present a

No.

No.

No.

No. And do you know of any reason, personal or otherwise, that would in any way prevent you from fully and honorably discharging the responsibilities of the office to which you've been nominated?

No.

No.

No. No. No.

No. Number three, do you agree without reservation to respond to any reasonable summons to appear and testify before any duly constituted committee of Congress if you are confirmed?

Yes. Yes. Yes. Yes. Yes.

And finally, Turn the page too quick here. Finally, do you commit to provide a prompt response in writing to any question addressed

Yes. Yes. Yes. Yes. Yes.

Thank you. And now I'm gonna recognize Congressman Darryl Issa to introduce David Foley, after which I will uh continue. Go ahead, Darryl.

Thank you, Mr. Chairman. I'm sorry the ranking member, Wyden, isn't here right now, but my opening statement addresses both of you because it's an honor to come before this committee with somebody who is so appropriate for a very bipartisan, very much nonpartisan type position.

Wedding door.

David Foley has worked for me in a number of roles for uh since twenty twenty three. He came into the Judiciary's uh committee for intellectual property in the courts, uh with a great deal of uh knowledge that I didn't know he had, including his ability to work with us on the emerging artificial intelligence uh problems, in addition to the plethora of intellectual property activities. He originally began uh as a senior advisor, but today is in fact my chief counsel. It is against my self-interest to be here today. I would rather keep him for the remainder of my time. However, the work of the ITC is well worthwhile for all of us who have worked on intellectual property work over the years. In his role as Special Counsel and now as our Chief, he has proven to be particularly effective when working across the aisle on complex intellectual property uh work, including something that this committee and the Congress on both sides are well aware of. He has been integral to our a replacement for what was called once called SOPA or PIPA, depending upon which side of the capital it was on, or otherwise known as site-blocking, enforcing in fact intellectual property. His talent in working both in a legislative process and in a human process with members of committees on both the House and Senate side, has been critical to work that is now at the precede preface precipice of in fact coming before the full House and Senate. David understands the the in importance of our trade laws and the work that he is about to do his experience prepares him for many roles including he would make a great article three judge I'd love to have him uh running the PTO however, since the nomination came for the ITC I believe, although overqualified, that he is in fact an excellent choice, one who will be able to work with his peers to my left, and in fact be responsive to questions from the House and Senate. Mister Chairman, if you don't mind, I look forward to uh taking your four questions back to my colleagues and suggest that those are exactly the four questions, even though we don't uh confirm people that we should in fact be asking on our side of the aisle. And so I urge all of you to consider uh, David Foley because he is exactly the right kind of person for a c- a commission that has to work in a completely non-partisan fashion, and particularly on the technical issues of the ITC. And I thank you for including me here today.

Well, thank you, Representative Issa, and you're welcome to use our questions in your hearings as much as you would like. Uh, we appreciate you being here. Uh, Mister Doyle does not have a specific person here introducing him, so I'm going to introduce him right now. Uh, he currently serves as Assistant US Trade Representative for Congressional Affairs. His executive branch experience also includes serving as Senior Director for Congressional Affairs at the USTR and as an Associate Administrator at the US Environmental Protection Agency. Mister Doyle's congressional experience includes serving as legislative staff for my former colleague and good friend Senator Pat Toomey. And outside of the government, Mister Doyle served in government affairs roles at Silva Mo and Mercatus Center at George Mason University. Mister Doyle is a graduate of the US Naval War College and Lafayette College. My next item would be to recognize Senator Tillis to int- introduce uh Peter Anthony Pappas but w- Senator Tillis is on his way and when he gets here we will introduce him. That gives Senator Cortez Masto the opportunity to take the microphone next, to introduce Bart Tannhauser.

Thank you, Mister Chairman, it's pleasure to join you this morning. I will say uh, Senator Tillis has talked to me about Mister Pappas's strong support as well. I am here today though to uh introduce and ask for your support for Bart Tannhauser. Uh, he is the one of the obvious nominees for the ITC. Uh, Bart is a career civil servant who has served in both Republican and Democratic administrations, gaining a strong expertise in trade policy, including trade enforcement and remedies. He currently serves as the Deputy Assistant US Trade Representative for Southeast Asia, and the Pacific. In twenty twenty five, I was privileged to have Bart join my office as a Brookings legislative fellow. Needless to say, uh la uh last year was an unprecedented year for global trade. And Bart was absolutely critical for keeping me updated on trade development, while continuing strong bipartisan support and work on issues as diverse as critical minerals and agriculture. I was particularly impressed with Bart's immediate interest and dedication to Nevada, uh a state uh he had not visited prior to working in my office. Despite this, Bart cared deeply about Nevadans and applied his expertise and professionalism to every interaction with the constituents in Nevada. He was adamant about visiting the state. I think he knows more about Nevada than most people in the audience right now, uh, and meeting with Nevadans to learn more about how trade policy impacts them. If Bart is confirmed, I am confident he will bring that same level of dedication to every stakeholder with a case before the commission. Throughout his time in my office, Bart approached each task with meticulous attention to the to detail, thoughtful examination of the evidence, and careful consideration of the impacts. I know his guidance, counsel and professionalism will be appreciated at the ITC as it was in my office. I look forward to considering all of the nominees before us. And I thank the chairman again for the time to make this important introduction today.

Thank you, Senator. And now we will have Senator Tillis make the introduction of Mister Pappas.

Uh, thank you, Mister Chairman. Um, Peter Anthony Pappas is the of i p policy on my judiciary team, but i have to tell you all he came into my office back in twenty twenty two, i see this guy's a d telly from us p t o and he introduces himself as peter papas, i said i've already got a friend named peter papas, we've gotta come up with a different name for you. i said so you're greek, uh your name's peter, what do they call you in greek, he said petro, i said petro gas energy, your new name is juice, and so um he has been juice papas uh, since twenty twenty two, and I'm sure he would appreciate all of you all calling him that. Um, uh, he he did come to my office though back then and I and I tell you, I had no idea, even even with the amount of time I've spent with him as the, uh, chair ranking member on IP subcommittee, I I really had no idea about the depth of his experience. Um, uh, going back to a career at the USPTO, he graduated from Georgia Tech where he focused on embedded systems and I think he thought he was gonna be an engineer. Um, but instead he went over and spent twenty years at the USPTO, starting as a patent examiner for three D graphics and animation before rising to the roles of primary patent examiner, supervisory patent examiner, and eventually branch chief at the Patent Trial and Appeal Board, or PTAB. Um, he, USPTO director, my friend, uh, director, Andre Iancu appointed, um, juice as special advisor, I guess for your mom if she's watching, I'll I'll call you Peter Anthony once or twice. Uh, and this capacity, he helped manage the four billion dollar agency and fifteen thousand employees. He did some amazing stuff while he was there. He developed the two thousand nineteen revised patent subject matter eligibility guidance, the PEG. Uh, he has sta- helped establish the agency's first working group on the interplay between AI and IP. creating a framework for leveraging AI in prior art searches, and designing the USPTO's first randomized control trial which led to the creation of the Pro Se pilot program for independent inventors and small businesses. Um, he served on SPETCO, am I pronouncing that right? Uh, a board of directors, uh, for over a decade, including five years as chairman. Uh, this is truly an organization for IP geeks. spent nearly twenty years on it, just another indication of his commitment to the profession. So, Mister Chairman, I've thoroughly admired watching uh Peter Anthony work. I've seen him work across the aisle. Chris Koontz and uh his staff can complete each other's sentences. They work so much on a bipartisan basis. Uh, Congressman Issa knows that we're working on a bicameral basis. When you take a look at the trade issues that come before the ITC, I can't think of a better subject matter expert to work with others who are before the uh the committee today. So I strongly encourage his support. Thank you, Mister Chair.

Thank you, Senator Tillis. And uh finally uh we have Senator, I'm excuse me, Representative uh Mat Cartwright to introduce Samuel Nogatu. Representative Cartwright.

Good morning, Chairman Crapo. Thank you for the the battlefield uh uh uh uh uh uh commission. But uh uh Chairman Crapo, uh ranking member Wyden, uh members of the distinguished Senate Finance Committee. I'm Congressman Matt Cartwright, uh from Northeastern Pennsylvania. I served for six terms in Congress and um I'm I'm here to raise my voice uh for Samuel Negatu, uh a nominee for the ITC. Uh this is a nominee that makes sense, and I wanna make sure you know about Samuel and what I think of him. I uh I hail from northeastern Pennsylvania uh which really suffered in the post-industrial period, lost lost a lot of industry, used to survive on coal and steel and iron and those things kind of drifted away and we were constantly working out how to increase manufacturing in our area and exports as well. And uh Samuel Nogatu uh dove right into that, he he worked for me uh for uh two congresses the one hundred and fourteenth congress and the one hundred and fifteenth congress uh he is he he holds a bachelor's degree in political science from u. c. s. of barbara a law degree from washington university in st. louis uh he is a member in good standing of the california bar and we relied on him uh extensively uh for his interest and his knowledge in commerce Uh, I was on the Commerce, Justice and Science subcommittee of appropriations in the house. Um, and uh, and he he dug into, you know, what what do we do about areas in America that are struggling in the post-industrial era? Uh, and what do we what do we do about international trade? Um, but the main message I wanna convey today is that, um, when I got elected to Congress, uh, I meant to make a good account of myself legislatively. I meant to pass bills. uh and i examined the political landscape and i read the constitution and i realized it wasn't just a matter of working across the aisle in the house, there was this other group of difficult people we had to get the ideas past and uh uh Samuel and i got to figure that out very quickly. One thing you'll pick up and you may have met him already, and if you have you know this already uh that he is a a person of abiding good will uh and uh and friendship uh to everyone uh somebody who is a natural at bipartisan and in fact bicameral uh uh relationships that's what he helped me with uh in fact uh he wrote uh the megabyte act uh which we passed uh in uh twenty sixteen and uh that is helping the united states government save an enormous pot of money every year the purchase of software by rationalizing the way we go about buying our software for the federal government uh but he was able to forge relationships across the aisle and across the congress uh uh across the capitol building so that we were able to pass a lot of legislation in fact in uh in uh twelve years in congress i was able to pass fully sixteen substantive bills into law uh that's what you have in samuel he's here with his family, and uh they are they are uh even prouder of him than I am. I give him my my fullest recommendation, Mister Chairman, and I uh I yield back.

Thank you, Representative Cartwright, and uh we have five highly qualified candidates here today, and I appreciate the opportunity to have you here to discuss uh issues with our committee. Uh for Representative Cartwright and Representative Issa, if you choose to stay at the you may get some questions. But uh since since you're done with your introductions and we are now focused on the panel, you are willing you're you're welcome to uh either take a seat in the audience or get on with the rest of your day.

Miss Chairman, I can take a hint. Thank you.

I know we'd love to have you stay if you want. And so you have a

Yeah, this is my lawyer here, and he told me not to answer any questions.

So you better step out of the way then. Um Senator Wyden has not yet arrived. And so we will go ahead and and and uh begin the questioning process, and until he arrives and then we'll pr

Make statements.

What?

Make statements.

Oh yeah, I guess I should let you guys give opening statements. So we will do that now. And uh next, Mister Foley, would you start, we'll just go to right down the row with your opening statements.

Thank you, Chairman Crapo, Ranking Member Wyden, and members of the committee for the opportunity to appear before you today. Thank you also, Representative Issa, for your kind words and my introduction. It's a profound honor to have been nominated by President Trump to be a Commissioner of the United States International Trade Commission. I'm humbled by the opportunity to continue serving the people of the United States and return to the agency where I began my government service nearly fifteen years ago. I'm joined today by my wife, Erin, our three children, and my parents. Their love, support, and understanding have empowered me throughout my career. I'm deeply grateful to have them with me today. My path to government service has not been conventional. I'm an electrical engineer by training. Having watched the tech bubble burst while pursuing my engineering degree, I chose to pivot and went to law school. I entered private practice upon graduating, expecting to continue working as an IP litigator for the entirety of my career. In twenty twelve I left private practice to join the commission for a two year term appointment as a clerk in the office of the ALJ. In private practice, I had represented clients in front of the commission. The clerkship seemed like an excellent opportunity to build on my expertise. I expected to complete the term and return once again to private practice. Life had other plans. As our family expanded from three to five during my clerkship, returning to private practice was overshadowed by a growing call to continue to serve for the next generation. Over the years, this call led me to be a litigator at the US Department of Justice. It also led to policy roles at the White House. the US Patent and Trademark Office, and most recently the House Judiciary Committee. The call to serve also led to my commissioning in the United States Air Force Reserve in July of twenty nineteen where I proudly continued to serve in the JAG Corps. My government service as a litigator, as a policy advisor in the White House, as a chief counsel for the House Judiciary Committee, and as a military officer have opened my eyes to the stakes of the role for which I have been nominated. Chairman Crapo has rightly observed that trade today is the centerpiece of our international economic engagement, and free trade by definition must be reciprocal. We do not have it if others can impose barriers on us unchallenged. The commission plays a vital role in ensuring a level playing field free from these international trade distortions. I learned the importance of trade enforcement for US competitiveness while at the White House and in addressing illicit trade from the PRC while at the USPTO. I studied the targeting of strategic sectors by our adversaries and the importance of trade controls for national security while attending the National Intelligence University. And having served alongside the men and women who formed the backbone of the world's greatest air force, I understand the human stakes and the direct impact our supply chains have on the military and its readiness. At the same time, my work at the US DOJ and my service as a JAG have taught me the rule of law must always be respected. If I am fortunate to be confirmed, I will ensure that all decisions and remedial actions the commission takes are based on a clear evidentiary record and sound legal reasoning. USITC commissioners must understand the broader implications of their decisions, yet they must also execute their role with judicial temperament, reflecting the independence and impartiality required of independent agencies. Anything less would be a disservice to the American public who rely on trade for many necessities. I'm excited by the opportunity to return to the agency where I started my government service, and serve the American people in a new role that fully leverages my education and experience. It is an honor to appear before you today, and I look forward to your questions. Thank you.

Thank you very much. And now, Mister Doyle.

Thank you, Mister Chairman. Chairman Crapo, Ranking Member Wyden, and members of this committee, it is an honor to appear before you today as nominee for the International Trade Commission. I would like to thank President Trump for nominating me, Ambassador Greer for his friendship, and for recommending me for this position. and the current and former members of this committee who gave me the opportunity to learn trade policy firsthand, particularly during the negotiation and passage of the bipartisan Congressional Trade uh Trade Priorities and Accountability Act, the Trade Preferences Extension Act, and the Trade Facilitation and Trade Enforcement Act of twenty fifteen. I would like to express my appreciation for my family, especially my wife Emma, who is sitting behind me today. Her love and support have been essential to my professional success and personal happiness. I would also like to thank my son Edmund, my parents Daniel and Charlotte, my brother Andrew, my parents-in-law Tom and Marcy, and my sister and brother-in-law Caroline and Will, all of whom who are watching the webcast today. I grew up in a and attended public school in a small farming community in northwestern Connecticut between the Housatonic and Nogatuck river valleys. Throughout the nineteenth and mid-twentieth centuries, this area was a powerhouse of American manufacturing. producing clocks, rubber, wire, and was especially notable for its dominance in brass and small arms production. Over the past fifty years, however, the region's industrial base has declined precipitously and job opportunities are limited particularly for those not working in seasonal tourism or holding a college degree. The population has followed the same trajectory, with young people leaving at disproportionate rates for opportunity elsewhere and the communities that remain are smaller and older than they were a generation ago. I share this example, which is played out in cities and towns across the country, to make the point that trade is not an abstraction. The location and concentration of industry and employment are what shape our communities, and is the duty of the government to defend American enterprise from unfair and illegal trade practices, and to promote and to promote a vibrant economy built on the innovation and opportunity America is known for. This is why I've spent so much time of my career focused on trade and manufacturing policy. and is also why I take the responsibilities of the commission so seriously. The International Trade Commission plays a unique and consequential role in our trade and regulatory system. Its determinations affect American industries, workers, and consumers, and its integrity depends on its rigorous impartial analysis grounded in the law. If confirmed, I commit to applying that standard to every matter before me. I am grateful for the committee's time and consideration and I welcome your questions. Thank you.

Thank you very much. Mister Pappas.

Chairman Crapo, Ranking Member Wyden, and members of the committee. As the third generation of my family to pursue public service, it is a great honor to appear before you today. I want to thank the committee for considering my nomination to the United States International Trade Commission and to President Trump, Senator Tillis, and Ambassador Greer for their steadfast leadership and for placing their confidence in me. Joining t- me today are my girlfriend, close friends, and colleagues. Unfortunately, my family in New Jersey cannot be here, but I know that they send their prayers and well wishes. Without my family, particularly my parents and my late maternal grandparents, and all others close to me, I simply would not be sitting before you. As I've said many times before and will again, success is rarely, if ever, achieved alone. It's a result of team effort. Our country is unlike any other. Article one, section eight, clause eight of the US Constitution grants Congress the enumerated power, quote, to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." Congress has acted under that power from the earliest days of our great nation, and this has led to American leadership in every innovative field. How many other countries had the foresight to embed intellectual property into their very founding? America has always set the global bar in terms of IP rights, and this must continue now and well into the future. Strong, clear, reliable, and predictable IP rights drive investments in innovative technologies, And these rights encourage the creation of content that the world consumes. Innovation and creativity are critical to the economic and global competitiveness of the US, and to its national security. The US must ensure that strong, clear, reliable, and predictable IP rights remain front and center for inventors and creators, large and small, as without these rights there would be no domestic industry to protect. The ITC is an independent, neutral, and fact-based agency that investigates and makes determinations in proceedings involving imports claimed to injure a domestic industry or that violate US IP rights. The ITC also provides independent analysis and information on tariffs, trade and competitiveness, and maintains the US tariff schedule. The many roles of the ITC provide a vital means by which to efficiently and effectively protect the American industry from foreign bad actors, and for ensuring that American IP rights are enforced. If confirmed, I look forward to working with the committee and the Congress at large. President Trump and the administration at large, each one of my fellow commissioners and all stakeholders to lead the ITC into an even stronger and more prosperous future. Thank you.

Thank you, Mister Tannhauser.

Chairman Crapo, Ranking Member Wyden, members of the finance committee, I'm honored to appear before you today as a nominee for the position of Commissioner on the US International Trade Commission. I'd like to first introduce members of my family who are here, uh my wife, Isabel, uh my mother-in-law marlene rivera my mother diana bell and my twin brother uh will tannhauser i also want to acknowledge members of my family who are not able to be here today my three year old son santiago who will be uh graduating from daycare tomorrow uh my stepfather wes and sister-in-law erica who are watching this uh uh and and uh younger brother graham who are watching this hearing virtually and my father charles tannhauser who is deceased but who I'm sure would be exceedingly proud to see me here today. I'm grateful for all their love and support. I'm also grateful for Senator Wyden for proposing my nomination, as well as my former boss, Senator Cortes Masto, for her kind introduction. I'm honored to be considered for the position of Commissioner on the US International Trade Commission, because I believe that the work of the ITC is more is more important today than ever before. Congress created the ITC over a century ago in the midst of the First World War, with the United States on the precipice of entering that conflict. At that time, in advocating for the ITC's creation, President Woodrow Wilson argued that the commission was needed as quote, "another eye to see the facts, and better understand the significant and far-reaching changes to the US economy and global trading system that were underway." Today, we are again seeing significant and far-reaching changes to the economy and global trading order, and it is again crucial that there be another eye to provide objective, independent and nonpartisan analysis to inform policymakers as they consider and debate trade policy. I seek this position after spending the majority of my career working as a nonpartisan civil servant serving Democratic and Republican administrations alike, and if confirmed, I commit that it will be my highest priority to uphold the independence and objectivity of the commission. The ITC is also responsible for administering US trade remedy laws, including violations of intellectual property rights. Vigorous enforcement of our trade remedy laws provides necessary relief to American workers and firms in the face of unfair trade. I understand that the decisions the ITC makes in such cases can be deeply personal, affecting the livelihoods of families and communities throughout our country. This is a significant responsibility and one I would take seriously should I be fortunate enough to be confirmed. I've worked for nearly a decade and a half as a trade negotiator in the Office of the U.S. Trade Representative, a position in which I have pressed our trading partners to raise their labor and environmental standards. so that US workers and firms can compete on a level playing field. And I began my career at USTR, helping to build cases at the World Trade Organization against foreign partners that were violating our trade agreements and undercutting, you undercutting US workers and firms. It has been an honor to represent the United States in negotiations and trade disputes I now look forward to serving as an impartial and independent decision maker and source of information and analysis. If confirmed, I will administer US trade laws fairly. objectively and as Congress intended, and I will work with my fellow commissioners to respond in a complete and expeditious manner to congressional and administration requests. Thank you for the privilege of your consideration. I'm now happy to answer your questions.

Thank you. And Mister Nogatu.

Chairman Crapo, Ranking Member Wyden, and members of the committee, thank you for the opportunity to testify today. I am honored to be considered for service as a commissioner on the United States International Trade Commission, and grateful to those who supported my nomination and to the committee for its consideration. I would like to recognize my family, friends, mentors, and colleagues, uh, especially my ways and means colleagues, whose support and encouragement have made this moment possible. With me in the room today is my father, Tedlah, and several members of my extended family, Mike, Gunny, Naomi, Jake, Raku, and Hula. I come from Anaheim, California, and am the son of two immigrants from Ethiopia who came to the United States in pursuit of the American dream. They came seeking freedom, opportunity, and the chance to build a better life. They taught me the value of hard work, education, and service to something larger than oneself. So, for their son to sit before this committee today is beyond anything they could have imagined when they first arrived in this country. It's a testament to the opportunities this country provides, and to the enduring promise that through hard work and perseverance, each generation can build a better future than the one before it. Those values have guided me throughout my career and led me to opportunities I never expected. Over the past decade, I've had the privilege of serving on Capitol Hill, at the Office of the United States Trade Representative and most recently in the private sector. I served in the offices of Representatives Cartwright and Gomez, where I gained firsthand experience with the legislative process, and the development of US trade policy. I later served at USTR as a Deputy Assistant US Trade Representative, and then as Assistant General Counsel, working on trade agreements, enforcement matters, and trade policy issues affecting workers, businesses, and communities throughout the country. Most recently, I've served as a director at the Consumer Technology Association, where I've worked on issues involving international trade, innovation, and American competitiveness. Throughout my career, I have worked with policymakers, stakeholders, and advocates, representing a wide range of viewpoints. Those experiences have reinforced my belief that effective public service requires careful attention to facts, respect for differing perspectives, and faithful application of the law. The ITC plays a unique role in our system of government. As an independent and bipartisan agency, it serves Congress and the executive branch through objective analysis, rigorous fact-finding, and the administration of important US trade laws. The commission's work helps to ensure that those laws are applied fairly and consistently in support of American workers, farmers, manufacturers, and the domestic industries that drive our economy. Its credibility depends on the quality of its work and the independence of its decision-making. Throughout my time on Capitol Hill and at USTR, I saw firsthand the value of the commission's work. Whether providing objective analysis to policymakers, or carrying out its responsibilities under our trade laws. The ITC plays an important role in supporting a rules-based trading system and ensuring confidence in the fair administration of those laws. Its research and expertise helps to inform decisions on some of the most consequential trade issues facing our country. If confirmed, I will approach this responsibility with humility, integrity, and an open mind. I understand that the role of a commissioner is fundamentally different from the advocacy and policy roles I've previously held. My duty would be to evaluate each matter based solely on the record before the commission, and to apply the law as enacted by Congress. It would be the honor of a lifetime to serve on the International Trade Commission. I am grateful to the committee for its consideration, and look forward to answering your questions.

Thank you.

Thank you, Mr. Nogatu. And Senator Wyden has timed his arrival perfectly.

thank you mr. chairman and thank you for your courtesy it's been a busy morning

mmm

with lots of healthcare uh and economic uh activities uh already and uh this is an important uh hearing to be able to listen to five uh in candidates and the international trade commission plays a central role in enforcing the trade laws That is more than anything how you hold trade cheats accountable. And you make sure that US workers and businesses can compete on a level playing field. My home state of Oregon depends on trade. The International Trade Commission's trade enforcement work helps farmers and small businesses, so that Oregonians can benefit. For Oregon agriculture like onions and uh sugar beets, this means guarding against fairly subsidized and dumped imports. For wood products this means ensuring competition is fair. And for solar, this is about stopping the Chinese giants from undercutting hard-working Americans. In the last year and a half, most of the United States trade and tariff policy has been going on outside of the Congress. My view is, and the Chairman and I are talking about all of these kinds of issues, that Congress ought to be playing a bigger role on setting trade and tariff policies for this country and the people we represent. I'm gonna have more to say about that and we're gonna have I'm sure lively conversations in the future. Today though, we're on one aspect of our trade policy that's working the way it's supposed to, with the Senate Finance Committee doing its job to advise and consent on the nominations to fill five of the commission's six seats. The Trade Commission is a key cog in trade enforcement. It interprets our trade laws, investigates those trade sheets, and helps make sure American workers and industries aren't hurt by unfair practices. The work of the ITC is so important for communities in the Pacific Northwest. I've testified at the commission more times than I can even remember, including about the need to protect US sawmill workers and rural mill communities in Oregon from unfair competition. I've also weighed in several times on the agency's important intellectual property work. The commission advises Congress, providing analyses of how trade issues impact our constituents. These reports help ensure that Congress writes laws based on facts and that are the best, uh, facts appropriate for the country. The chairman and I have relied on the ITC's report on censorship, for example, as a barrier to digital trade time and time again. We work to ensure US trade policy american values and american products currently the commission is operating with only half of its seats filled right now in the spirit of the world cup that's on right now that's like starting a soccer game with six players on the field and because the best trade policy is one that's durable and predictable it's important that the commission is fully staffed with members on both sides of the aisle this is something the chairman and i have talked about often So I'm glad to see a bipartisan slate of nominees today. A strong bipartisan ITC is essential to the country's economy, because without strong enforcement, trade laws in effect are not worth the paper that they're written on. I look forward to hearing from the nominees and this is an important session, Mr. Chairman, and I thank you for having me.

Well, thank you, Senator Wyden, and I I just wanna say Senator Wyden and I very much agree on this principle. This is a very critical commission that we rely on very heavily and that uh provides significant service to our country as we engage in trade policy. And we, it is a bipartisan commission, as I indicated at the outset, three Republicans and three Democrats with this panel, when we get them through quickly to be confirmed, I hope, uh we will have the full contingency of six commissioners and we look forward to the work that you provide and to helping to the work that you will give us, to help people give us in doing our jobs. Um, I have the same two questions for all of you. Um, these are really more requests for commitment. Uh, so you can be brief in your answers, but I'd like to just ask the question and have each of you answer each of these two questions uh in your own way briefly, please. First, the ITC is valued as an independent, non-partisan agency. Please discuss your commitment to ensuring that ITC decisions and reports reflect objective factual analysis rather than any personal political or ideological persuasion. Who could start with you again, Mr. Foley?

Thank you for the question, Senator. I I think that the ITC has two key roles that you did key in on. Um, first, the um adjudicatory role of the ITC both in the ADCBD context and in the unfair trade or three three seven context. In both of those areas, the ITC is subject to review either by the CIT or by the federal circuit, ensuring that all decisions coming out of the ITC are complete, based on a evidentiary record, and apply the statutory language as interpreted by the courts with jurisdiction is absolutely vital. in order to provide an efficient uh commission that operates in a way that allows uh petitioners to get the information they need and get the actions that they need. Um on the report side it it is certainly vital uh for the the commission to provide reports that are thorough and allow both sides of the aisle and also the executive branch to have the information they need and be able to trust that information. Thank you, Senator.

Thank you. Mister Doyle.

Um, thank you, Mr. Chairman. Um, I don't need to tell members of this committee that trade can be a complicated and oftentimes obtuse issue and difficult to understand. Um, it's the duty of the International Trade Commission to provide accurate information and objective analysis and if I'm fortunate enough to be confirmed I can commit to working with you and your staff and everyone on this committee to provide this committee with the information that it feels it needs.

Thank you. Mr. Pappas.

Mr. Chairman, as I had mentioned, uh, the ITC is an independent, neutral, in fact, based agency and it's my goal to keep it that way. I think it's extremely important to recognize that I will not be in a policy-based role as I have been before and I'll be following the respective laws. Uh, as I mentioned in my opening remarks, there would be no domestic industry if not for IP rights, and I think it's extremely important to protect both of those. So that's what makes this country so great. It makes our economy so great, which then leads to strong uh domestic security. Thank you.

Thank you, Mister Tannhauser. Thank you for the question.

Uh, Senator, uh, yes, I can commit to that, you know, should I be fortunate enough to be confirmed, you know, upholding the independence and the objectivity of the commission will be my highest priority. Thank you.

Thank you. And Mister Nogatoo.

Uh, likewise, Mister Chairman, one of the commission's greatest strengths is its reputation for objective fact-based research and analysis. And if confirmed, uh, I would commit to upholding those standards in providing the necessary reports and research to Congress.

Thank you. And uh My second question, again in the context of a commitment, so and I'm running out of time, so you can be very brief please in your responses. Um, the ITC may have a statutory role in the ongoing United States-Mexico-Canada agreement, or USMCA, as we do the joint review. Please discuss your commitment to considering a broad range of stakeholder views and the potential economic impact prior to advising the president on any proposed us m c a modifications and again you don't need to get into detail i just need that commitment that you will will respond to this mister foley

chairman crapo uh if i am fortunate to be confirmed i do commit to providing the full range of stakeholder views uh for the us m c a thank you

thank you chairman crapo i yes i i commit to working with you and the committee to provide information on the entire trade program including us m c a if requested

chairman carpo i do commit i think the idc plays a central role in the us m c a um for continuously analyzing it the economic impact and uh for policing um its its implementation

thank you mister tannhauser

thank you mister chairman yes i commit to that

thank you mister hnagatu

yes mr. chairman i i commit to that

alright thank you i just wanted to raise the importance of the fact that we are now dealing with the us m c a and we're gonna be relying on you as we move forward in that process. Senator Wyden.